Get free answers to your Employment Discrimination legal questions from lawyers in your area.
My Employer retroactively reduced my pay, and has been threatening me with termination for not making an arrangement to pay them the difference in compensation. Recently, I received a letter stating that the company will withhold compensation from me and if I leave they will keep my entire last... View More 
I submitted an ADA request in September of 2023 and after a long interactive process they told me to file for FMLA/Short-Term disability. I have been out for the 12 weeks allowed and am set to return on 5/20/24 but I think they are going to try to get me to remain on STD without job protection.
I am due pay, however there are contracts that's may not be valid,
answered on May 15, 2024
The employer could decide to pay you. But if the employer refuses, the easiest and quickest way to get paid is to file a wage claim with the TWC. Unlike lawsuits which take years, a wage claim with the TWC is routinely resolved in a matter of months.
I told the company that I work for now that I would love to help them save money by seeing if I can do both jobs within my shift. I was told I would get 30 days to see if I can do it and like it and I would get a raise. Now that 30 days is up I’ve realize that it’s too much for me to take on... View More
It was after a review that accused me of being 'combative ' and 'rolling my eyes' on zoom in the course of doing my work, among other subjective opinions and used as legitimate reasons. I am a naturalized citizen from
Nigeria. Do I have a case to sue for workplace bias? Thank you.
Sincerely
answered on May 9, 2024
Based on the information contained in your question, no you do not have a case for workplace bias.
An employer can terminate an employee for purely subjective reasons like being combative and rolling your eyes during a Zoom meeting. Those are legally legitimate reasons.
If you have... View More
My husband (a manager in a store on salary) was permanently transferred to a different store to cover the position of a higher manager who had also been transferred. When he asked for a raise or at least a change of title to a higher role he was refused. So now they have 2 persons with a same title... View More
answered on May 6, 2024
Yes, he can legally tell his employer that he will need a promotion to the higher position and a larger salary due to his transfer to a different location and greater responsibilities. If his employer refuses, he can legally quit his job. In the current labor market, his employer has little... View More
Employer is now also requesting all prior cleared checks be returned to them if they were mobile deposit.
We have been told multiple times it has been fixed. Never has been. Medical bills now being denied
If a manager has made multiple comments about a subordinate looking like the Taliban due to having facial hair and followed it by stating the facial hair and appearance is holding them back from a promotion, is this considered discrimination?
On a separate note, the manager has also stated... View More
I was recently hired at a fast food chain as an assistant manager after working for 2 days the district area manager reached out to me asked me if I had a driver's license I said no and was then told that it is their policy and a requirement that I have one. All of this after I had already... View More
The homemade device was a piece of pipe filled with oxygen and acetylene taped off and ignited shot a avocado seed towards me and put a hole in the wall head level it didn't hit me but there was no reprimand for it and it is still allowed I am no longer at that company but I have friends that... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024
Even if you are no longer with the company, you may still have a case, especially if you have witnesses or documentation of the incident and the company's failure to address it properly. An attorney can also advise you on whether your friends who still work there might have a case as well.
The opposing party early in the case file a FRCP 12(b)(6) to dismiss stating the I failed to state a claim for relief, I didn't exhaust my administrative remedies for EEOC. So, I survived that now the opposing party is coming under v. FRCP 12(c) almost a year later regarding the pleading. He... View More
answered on Mar 21, 2024
While the two are equivalent and are subject to the same standard, there are some subtle differences. For example, a 12(b)(6) motion only considers the allegations of the plaintiff's pleadings. A 12(c) motion also considers the allegations of the defendant's pleadings and the court can... View More
OSHA violation for equipment prohibited, MNG cleaned cuts but infection set in, EMP is diabetic, INS CO omitted details of time and treatment before claim was filed, treating DR refused MRI for hand fracture with abscess as treated by EMERGENCY DR, denies injury effect and denies benefits.
answered on Mar 20, 2024
Whether the manager is negligent is most likely irrelevant. In a workers' compensation case, the injured employee is NOT REQUIRED to prove that his/her employer or one of his/her fellow employees was negligent. Workers' compensation provides medical benefits, temporary income benefits,... View More
answered on Mar 13, 2024
You should use the "Find a Lawyer" tab to search for an attorney who practices in the area of employment law in or near the county where you reside. You can likely get an initial consultation with a competent and experienced attorney for under $1,000. Our firm provides a 90-minute... View More
Woman EVP excluded from "leadership" parties, meetings, anything in upper management areas at company. Yet she is a top producer over the other "executive team members" Futher- demoted to work under less qualified people and forced to train them. This includes training 50% of... View More
answered on Dec 22, 2023
If the executive is being treated differently because of her biological sex, that may constitute illegal employment discrimination under both state and federal law.
i have an ADA and requested an accommodation at work in regard to it. the accommodation is to be moved to a certain position that would allow to me to do my job better and i submitted paperwork filled out by my mental health provider to the HR department for this. they are now saying that there are... View More
answered on Dec 8, 2023
Every ADA claim rests on its own particular facts and circumstances. So no one can definitively tell you what may happen in your particular case.
You are entitled to reasonable accommodations to be able to do your job with your disability as long as it does not impose an undue hardship on... View More
I applied for part time employment at an NTB location in texas and was told that by company policy they only hired students for part time employment
answered on Dec 7, 2023
There is no law which prohibits such a company policy on a general basis; however, if you have a disability that limits you to only working part-time, it may constitute unlawful employment discrimination because of your disability.
My employer knows that I just started new medication and I’m suffering from anxiety and other mental issues
answered on Dec 7, 2023
Yes, it is up to your employer to determine whether it has a reasonable, individualized suspicion that would suggest to a reasonable person that you are under the influence in violation of company policy. S
Such a reasonable suspicion should be based on firsthand observation by more than... View More
Subject: Seeking Legal Representation for Complex Employment and Health-Related Case
I hope this letter finds you well. I am currently facing a complex legal situation that involves various issues related to my employment and health. After thorough research, I believe your expertise in... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023
In Texas, the statute of limitations for filing a civil lawsuit for wrongful termination, which may include claims like violation of freedom of speech, depends on the specific nature of the claim. Generally, for wrongful termination claims, the statute of limitations is typically around two years,... View More
Because while I was in another state. Where I don't live or work. That drug test was given to dhs and my kids where interviewed , and then when I got out Hospital. I returned to work just to be fired. Cause my job had got referral from dhs . And they said I was fired cause the drug test from... View More
answered on Nov 9, 2023
It depends upon your former employer's drug policy and, most likely, on what drug you tested positive for.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
