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Hello everyone. My name is Joseph Radzwion IV, YOUR Trusted Attorney with Radzwion Law, PLLC.
Radzwion Law, PLLC has had countless conversations over the last few months with employees facing wrongful termination and blatant discrimination by their employers who just don't seem to care about the law or their employee's personal beliefs or medical conditions.
So we have complied a checklist or step by step guide for you in the basics of handling your exemption. (REMEMBER: this should not be taken as legal advice and you should always consult with a Trusted Attorney.)
Step 1: File an Exemption with your employer.
Keep a copy for yourself. If you file an electronic version take pictures or screen shots of each form or page on the screen.
Step 2: Expect a Denial.
Many employers do not care about your rights and are gambling that you will not take action against them in court. They will continue to bully you if you let them.
Keep a picture, screenshot or copy of the employer's denial. Your attorney will want to review the denial. (Many are generic auto reply emails)
Step 3: Appeal
After being denied, resubmit your request for an exemption. You can do this either by using the same process as your first request OR if time is running out and you are facing a deadline, you may want to contact the Human Resources (HR) department directly. You could email HR or create an HR Ticket. Whatever your employer uses to send notice to HR that is the goal.
In the notice to HR, it should make clear your position as to why you are exempted and that HR should follow the law and approve such exemption.
Step 4: Expect a Denial, Again.
Many employers do not care about your rights and are gambling that you will not take action against them in court. They will continue to bully you if you let them.
Keep a picture, screenshot or copy of the employer's denial. Your attorney will want to review the denial. (Many are generic auto reply emails)
Step 5: IMMEDIATELY File a Complaint (Charge) with the EEOC
The Equal Employment Opportunity Commission (EEOC) is the agency that helps investigate claims for discrimination. You will want to create a complaint and file it with the EEOC. There are several options when file a claim and the directions can be found at the bottom of the page.
The laws enforced by EEOC, require you to file a complaint before you can file a lawsuit for unlawful discrimination.
The anti-discrimination laws give you a limited amount of time to file a charge of discrimination. In general, you need to file a charge within 180 calendar days from the day the discrimination took place.
Every time the employer denies you an exemption, you may file a complaint with the EEOC.
Step 6: Call and Retain a Trusted Attorney
You will want to consult with a Trusted Attorney at this point. They will be able to advise you what to do next. They should be willing to advise you on how to file a complaint with the EEOC.
Bonus Tips:
Things to make a discrimination claim stronger.
(1) Never quit. Never tell your employer you will quit if they don't approve your exemption.
(2) Make the employer fire you. If your exemption gets denied and your still on the schedule to work, show up and try to go to work. (You must use your best judgement here and that is why having retained a Trusted Attorney would be wise to advise you on how to handle this situation) The Attorney might want you to record or video the conversation, The Attorney also will talk about trespassing issues, or at least they should.
(3) Send Clarification to HR. If you have said you would quit in the past OR the forms you filled out forced you to check a box stating you would quit, you may want to send a email to HR stating you are not quitting your job if your exemption is denied.
Key Points:
Think like a Lawyer: Document all your emails and exemption paperwork. Keep Copies of everything. Your Attorney will be impressed and grateful you did.
YOUR Trusted Attorney:
If you would like to retain Radzwion Law, PLLC as YOUR Trusted Attorney, do not hesitate to contact us. We are here to protect you when you need it most and we will fight for your freedom.
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HOW TO APPEAL CHECKLIST: VIDEO POSTED HERE
