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Alabama Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Law and Employment Discrimination for Alabama on
Q: Hi I'm a secretary at a hospital. Recently they have started having a lot of psychiatric patients that need sitters.

I have never done or been trained to do any patient care duties. So they have started making me and others like me go sit with these patients. This is not in our job description and I need to know if this is legal. Can I refuse to go and not get fired.

Bettie Carmack
Bettie Carmack answered on Feb 18, 2022

Job descriptions are generally flexible. It may be viewed as insubordination if you refuse a task given to you by an employer. Please check your employee handbook to see if this particular situation is addressed.

1 Answer | Asked in Employment Discrimination and Employment Law for Alabama on
Q: Can an employer fire me because of an injury that happened almost 4 years ago?

I was working for a company as a temp worker and when I went to go do my drug test and physical I let the physician know that I had surgery on my neck, and when i went back to my job HR said that they are going to hold my hire date, I told them that I was fully released from the doctor that had... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 24, 2021

You should speak with an attorney experienced in the American's with Disabilities Act. I do not believe the answer to your question is going to be an obvious one, but it may fall within the ADA. Alabama is a right to work State, which means an employer can fire someone for any reason so long... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Alabama on
Q: I am being forced into a new position at work and was told to take it or resign - what rights do I have?
Kyle Anderson
Kyle Anderson answered on Sep 16, 2020

Are you in a Union or is your employment governed by a Collective Bargaining Agreement or Employment Contract? If not, you have very little rights. You need to provide more information for a more thorough analysis, but Alabama is an at will state, meaning you can be terminated for any reason or no... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Alabama on
Q: I am a private caregiver that was hired by a elderly couple sons. At the beginning of my employment a year ago one of

Their sons was asking my coworkers if they thought that I was a crackhead and at the end of my employment. That same son made some sexual advances towards me. This caught me off guard, had me extremely nervous, uncomfortable and scared. Because of my fear of him and loosing my job, when he asked me... Read more »

Kyle Anderson
Kyle Anderson answered on Jul 8, 2020

Hi, there is a claim called "quid pro quo" sexual harassment. This occurs when a job benefit is directly tied to an employee submitting to unwelcome sexual advances. Based on what you stated above, it sounds like your continued employment was tied to you going on a date with the... Read more »

1 Answer | Asked in Personal Injury, Employment Discrimination and Medical Malpractice for Alabama on
Q: If I believe I have a case against a doctor for over prescribing opioid pain medication and benzodiazepines, what's next

From aprox 2005 thru 2014 I was prescribed high doses of hydrocodone, oxycodone, and benzodiazepines by same doctor. At one time receiving demoral injections if requested.

These injections were stopped.

Supposedly, said doctor and wife at time, were injecting themselves with... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2018

Problem in your case will be the statute of limitations. Look for an attorney member of the Ala. Assn for Justice who handles medical cases--they give free consults.

1 Answer | Asked in Employment Law and Employment Discrimination for Alabama on
Q: Can an employer rescind a job offer on the basis that something might show on background report?

I had an interview with an insurance company which went extremely well, and I was immediately offered a position. I went back in to fill out paperwork, and I was asked if I had ever been convicted of a felony. I was honest and said yes. Eleven years ago I was convicted of class c possession. No... Read more »

Anthony Rocco Pecora Esq
Anthony Rocco Pecora Esq answered on Oct 11, 2017

An employer may use a background report to assist it in making employment decisions. HOWEVER, since background reports or background "checks" are considered consumer reports under the Federal Fair Credit Reporting Act (FCRA), employers must follow specific rules when not only using the... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Alabama on
Q: I was wrongfully Terminated based on accusations that weren't verified.Who do I contact and can I sue on low income?

they pitted my managers word over my own with no evidence to back anything up. i was called a dishonest person and fired. i have proof with recepits and times to prove my innocence and cameras will show that i am not lying. but noone ever checked. what can i do? im out of a job for no reason and... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Sep 13, 2017

In Alabama an employer can fire you for any reason at all -- provided that reason is not because of your race, disability gender etc. If you believe you were fired because of one of those kinds of reasons, you first have to go to the Equal Employment Opportunity Commission and file a complaint.... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Alabama on
Q: I was recently let go from a job. They are claiming I was asleep or sleeping on the job, which I was not.

Fact is is I just wasn't the right ethnicity, they needed a Spanish collector. I went ahead and filed for unemp. but they keep fighting it, how is that legal?

William C. Head
William C. Head answered on Aug 16, 2017

You need a lawyer to assist you. If no contemporaneous report of being caught sleeping on the job was made, then the company has no evidence of dereliction of duty. Plus, many places of employment have cameras, and these can possibly refute their claims.

Your case seems like a retaliatory...
Read more »

1 Answer | Asked in Employment Discrimination for Alabama on
Q: Is this discrimination and what could be used as proof?

My husband was told he had this job almost four hours away. He went to the interview and got the job. No drug test or background check was asked for even though he said they could run both. The employer then sits him down with the manager and states to him...are you a meth that meth... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Feb 7, 2016

No. They did not discriminate against him as a protected class under the law. Having bad teeth does not make him a protected class. They don't need a reason to not hire him

1 Answer | Asked in Employment Discrimination for Alabama on
Q: I was terminated from a position and overlooked for a position due to racial discrimination. Should I get a lawyer?
William E. Scully Jr.
William E. Scully Jr. answered on Apr 14, 2014

ABSOLUTELY GET A LAWYER. Employment law and the laws related to discrimination in the workplace are very complex and confusing. There are many traps for the unwary. First consult your family attorney, or a lawyer you know, about this matter. Lots of times they can refer you to a good lawyer in... Read more »

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