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Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Idaho on
Q: Can my boss make me drive my car to work?

I live less than 2 blocks away from work and my boss is telling me to drive my car to let customers know the restaurant is open. I don't use my car for anything else while I'm at work and I've explained to him that my car is on its last leg. So driving it isn't an option. But he... Read more »

John Michael Frick
John Michael Frick
answered on Nov 28, 2022

Tell him that a Tesla Plaid would not only show the restaurant is open but attract top paying customers. Given how little he pays you, he should buy you a Tesla Plaid to drive to work every day. That would up the quality of his clientele and pay for the Plaid within a few weeks.

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: What is considered unlawful termination

In the State of Florida can an employer terminate you for asking to speak with higher management? Also if you're in a sober living program can they contact the program to try to get personal information on you. Also can they yall and berate you every day. Can I sue based on these issues? Do I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Nov 27, 2022

Yes, yes, yes, and yes, your employer can do all these things and much more. Why?

Because Florida is an “at-will” state. Private employers are free to solicit, hire, promote, increase their pay, demote, lower their pay, suspend, terminate, rehire, reinstate benefits and treat employees...
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1 Answer | Asked in Employment Discrimination for Texas on
Q: I was convicted of attempted murder in 2009 but employment background checks show a murder charge. Should I sue county?

The background check showing a murder charge instead of attempted murder has made it very difficult to find meanfull employment? Should I sue the county? I was released in 2012 and have notified them of this mistake. It is severely damaging my quality of life.

John Michael Frick
John Michael Frick
answered on Nov 27, 2022

It is pointless to sue the county as it is most likely immune from any civil damages in such a case.

I recommend you obtain certified copies of your indictment, any arrest warrant affidavits, and the order disposing of the criminal charges against you and provide them to any prospective...
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1 Answer | Asked in Employment Law, Employment Discrimination and Libel & Slander for Kentucky on
Q: Last year October 2021 to be exacti was terminated from my job after 13 yrs. I was fired via speaker phone. There's more

I wasn't offered EAP which is written Corporate Policy. When I went into work that evening, the Maint Supv asked "what are you doing here? He then told me had received an E-mail over the weekend announcing to those with access who are given a Marzetti E-mail account (leads, supervisors,... Read more »

Timothy Denison
Timothy Denison
answered on Nov 24, 2022

Unfortunately, the facts as you set them out above do not have the requisite elements for an employment discrimination claim or a libel and slander claim.

2 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Employment Discrimination for Texas on
Q: My criminal history is being used illiegaly to deny me an opportunity for employment to better myself who do it tellntx

I have 6 felonies4 of witch are sexual no convictions or arrests since 2008 no trucking company will touch me and iv had several of them tell me blatantly that I am disqualified from employment for my offenses

John Michael Frick
John Michael Frick
answered on Nov 23, 2022

The EEOC investigates claims of unlawful employment discrimination. It has published a guide on how and when employers may use a job applicant's arrest and conviction record to screen applicants. This guide is focused on when using this information to screen job applicants constitutes... Read more »

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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Texas on
Q: Should I seek legal help for ADA violation? Does constructive discharge apply to my situation due to undue stress?

I submitted an ADA request to my employer. They approved it based on a doctor's recommendation without consulting with me. I did not agree to the accommodation approval as it did not accommodate my situation because I have a special needs newborn in and out of the hospital and I need to be... Read more »

John Michael Frick
John Michael Frick
answered on Nov 22, 2022

Whether an employer has made reasonable accommodations to enable a qualified individual with a disability to perform essential job functions or to have the same privileges as employees without a disability without undue burden on the employer is a fact intensive determination. There is no way of... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: I want to know if I have legal case for either undue stress, failure to accommodate, or constructive dismissal?

I submitted an ADA request for a 3 day a week with a part-time schedule to my employer signed by a doctor. I'm a 4x combat veteran and have a special needs newborn so I have to make it to appointments.

The employer received the request and approved 4 days based on my doctors... Read more »

John Michael Frick
John Michael Frick
answered on Nov 17, 2022

There is something missing in the way you have phrased your question.

What you wrote is that you submitted a request for an accommodation with a doctor's signature, and your employer approved it based on your doctor's recommendations.

That is a textbook example of an...
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1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: How can i sue my employer for racist comment, sexual comments, and they basically pushed me to quit

I was told a very racist comment in front of few other coworkers, been sexualized multiple time at work, they pushed me to quit by the way they were treating, pretty sure made them happy since that’s exactly what he wanted, I’ve been treated extremely bad at that job and i need to know what to do.

Kevin Sanderson
Kevin Sanderson
answered on Nov 16, 2022

Remember your employer needs to have at least 5-15 employees depending on physical location for them to qualify for jurisdiction of discrimination laws. You are welcome to contact me.

3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Hi I was placed on administrative leave at work. I need help.

In the 3 plus years I've been at my job I have received nothing but accolades for my work. Sadly, this all came to a screech due to being required by my supervisors to take on additional roles when others left my department. Roles that required full-time employment of others. I tried many... Read more »

Neil Pedersen
Neil Pedersen
answered on Nov 15, 2022

I am very sorry to inform you that there is nothing unlawful about what is happening to you.

In California you are considered to be an at will employee unless you have an agreement to the contrary about that status with your employer. The employer of an at will employee can change the...
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1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Can employer add incidents on complaint to suspended me w/o pay for 4 days after proving initial susp letter false info?

My employer said they were going to suspend me without pay for 4 days bc I was a no call no show 3 times. I appealed and provided documentation that I had doctors excuse & called in (records from AT&T) On 2 of the dates. Now they have sent me info saying I was a no call no show on another... Read more »

Timothy Denison
Timothy Denison
answered on Nov 11, 2022

No. Should not be able to add incidents, especially where original incidents are proven unfounded. File a complaint with the Labor Board.

Q: If I quit my job due to an increasing mental health problem caused by it directly can I apply for unemployment in CA?

I got attacked by a customer physically mid-June and the symptoms of a trauma-stress disorder hit me mid-July very hard. (I already previously had chronic Generalized Anxiety and Severe Depression so I think those compounded with this newfound ptsd and I'm a wreck) I am currently in such bad... Read more »

Adam Stoddard
Adam Stoddard
answered on Nov 10, 2022

You should go to the EDD's website. They list the requirements to apply. One of the requirements is that you are unemployed through no fault of your own. Quitting your job would obviously be due to your personal decisions. You may want to consult a medical professional to see whether you... Read more »

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1 Answer | Asked in Employment Discrimination for Alaska on
Q: I work for a plumbing company and use the. Ompany phone for personal as well but I have a boss that is not an owner addi

Addicted and is listening to every phone call and messages and my email he has also put a cll filter on he listen to me at my home I also am bisexuality that Noone knows and he found out bye listening and hereinng everything I do even when I take the phone in the bathroom

Brad S Kane
Brad S Kane
answered on Nov 8, 2022

If you are using the Company phone, the Company probably has a policy notifying you that your use of the equipment is not private. Thus, it is probably not illegal.

You should consider get a personal phone to protect your privacy.

2 Answers | Asked in Employment Discrimination and Employment Law for Oregon on
Q: Should I consult an employment attorney before signing a separation agreement?

My position was "eliminated" under unusual circumstances. I lost my mother in March and sister in September. Despite this, I did my best to continue working. My employer started outsourcing my work even though I was managing the load and delivering on my goals. I was offered 2 mos.... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 7, 2022

There is a reason those agreements typically include language that encourages you to do so. An attorney can help you assess whether the amount they are paying is comparable to what you might get in a lawsuit, as well as if you have any valid claims against the company.

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2 Answers | Asked in Employment Discrimination and Employment Law for Oregon on
Q: Should I consult an employment attorney before signing a separation agreement?

My position was "eliminated" under unusual circumstances. I lost my mother in March and sister in September. Despite this, I did my best to continue working. My employer started outsourcing my work even though I was managing the load and delivering on my goals. I was offered 2 mos.... Read more »

Eva Zelson
Eva Zelson
answered on Nov 10, 2022

It is always good advice to have an employment law attorney review any agreement with your employer before signing it. As you suggested, the attorney can offer an assessment on the agreement and if what they’re offering you is fair, and perhaps negotiate more favorable terms on your behalf. It is... Read more »

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2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for Michigan on
Q: Can I get legal aid to recover damages due to disability discrimination and ADA violations by the City of Detroit.

I used to work for the City of Detroit, I had two emergency surgeries in May 2020, one to amputate my left foot and another surgery the next day to amputate my left leg below the knee due to contracting a flesh-eating bacteria that was progressing rapidly and was life threatening.

I was... Read more »

Brent T. Geers
Brent T. Geers
answered on Nov 6, 2022

Best thing to do would be to call your local legal aid office and let them tell you whether it's something they would accept.

Generally, legal aid offices do not take "fee generating" cases. Think cases that lawyers would typically take on a contingency fee basis; yours is...
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1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: My managers are making it toxic for me to work and trying to force me out by quitting

I have a lot of documentation on situations and incidents stating back in September of 2021 started documenting the beginning of 2022 in regards to retaliation from management and all shapes and forms what can I do is start to become intolerable to work

John Michael Frick
John Michael Frick
answered on Nov 4, 2022

Retaliation is a recognized cause of action in discrimination cases. Maintain a detailed log or diary of your managers’ actions toward you. Then bring it to the lawyer who handled the prior discrimination claim that you think your managers are retaliating against you for. If you can’t bring... Read more »

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Is it legal for work to lay off legal workers so they can get unemployment?

My job laid me off and told me to get unemployment while it picked back up but kept all illegal workers.

Neil Pedersen
Neil Pedersen
answered on Nov 2, 2022

It is not legal for an employer to employ workers who do not have the legal right to work, period.

If you could prove that you were placed on the lay off list because of your national origin, then you might have a claim for illegal discrimination.

Good luck to you.

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1 Answer | Asked in Employment Discrimination for Kentucky on
Q: Can my employer have a separate policy for vaccinated and unvaccinated employees?

My employer pays vaccinated employees 5 days of sick leave if they get Covid. If an unvaccinated employee gets Covid they are forced to use PTO or take the time unpaid.

Timothy Denison
Timothy Denison
answered on Nov 1, 2022

It appears they can have a different policy, yes.

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: Recently my employer gave me a title that is completely lower in any criteria compared to other employees.

I'm in California. I'm a GC holder. The higher promotions are citizens or from a specific nationality. I have two PhDs and 4-year experience in this company, but I realized they even hired new MS employees with higher titles. I'm over 40 now. Also, they behave differently regarding... Read more »

Neil Pedersen
Neil Pedersen
answered on Nov 1, 2022

It is unlawful to engage in an adverse employment action related to an employee if the action was motivated by the employee's membership in a protected class of people, such as race, national origin or age (over 40).

The determination whether the title change is an adverse employment...
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