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Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Washington on
Q: I was fired via email after reminding my employer that they had verbally agreed to provide disability accommodations.

I was also denied breaks and lunches because they said most of their workers don’t need them because that want to finish their job on time. I was promised extra time to finish task because I asked them for it due to my muscle nerve disease that causes severe muscle fatigue. Then I was fired for... Read more »

Brad S Kane
Brad S Kane
answered on Mar 28, 2023

While it sounds like disability discrimination, the case will likely be difficult to prove unless you have documentation showing your employer verbally agreed to allow you more time as a reasonable accommodation for your disability.

You can file a disability discrimination complaint with...
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1 Answer | Asked in Civil Rights and Employment Discrimination for California on
Q: How do no if I have a discrimination case against dollar general?

I went to dollar general. And i had went shopping then asked the clerk if I can use the restroom n she told me they lost the key then about 10 min. later a man (local) went in and asked for the bathroom n she said to him yes come on ill open it for u. Then when I went to check out I told her that I... Read more »

James L. Arrasmith
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answered on Mar 28, 2023

If you believe you have been the victim of discrimination at Dollar General, you may want to consult with an attorney who specializes in employment discrimination cases. An attorney can help you evaluate your case, gather evidence, and advise you on your legal options.

In order to have a...
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1 Answer | Asked in Employment Discrimination for Kentucky on
Q: Can an Kentucky employer force you on short term disability if asking for a reasonable accommodation

I have ptsd anxiety and depression

Timothy Denison
Timothy Denison
answered on Mar 27, 2023

Only if no reasonable accommodation can be made.

1 Answer | Asked in Contracts, Employment Law and Employment Discrimination on
Q: Are independant contractors binded by non-compete ?
N'kia (NLN)
N'kia (NLN)
answered on Mar 25, 2023

Whether a non-compete agreement is binding against an independent contractor depends on various factors. Does the relevant jurisdiction allow non-competes for independent contractors? If the rule for independent contractors is different from the rule for employees, is the person really an... Read more »

2 Answers | Asked in Contracts, Employment Discrimination and Entertainment / Sports for California on
Q: I was used in a SAG commercial without contract or knowledge. Huge company ran it worldwide for years. Legal theories?

Answered, thank you!

James L. Arrasmith
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answered on Mar 22, 2023

If you were used in a SAG commercial without a contract or knowledge, you may have legal claims against the company for unauthorized use of your image and likeness, which can violate your right of publicity. You may also have claims for breach of contract, as the commercial was produced without a... Read more »

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2 Answers | Asked in Employment Discrimination and Employment Law on
Q: My 28 year old daughter was receiving help in a psychiatric hospital during which she was terminated from her employment

Is this legal inTexas?

Eva Zelson
Eva Zelson
answered on Mar 24, 2023

More information is needed in this case. While employers are required to grant reasonable accommodations to employees with disabilities (psychiatric concerns do qualify as a disability), employers cannot accommodate what they do not know about. However, if the employer did know about the request... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for Washington on
Q: What's the average compensation due to victim for wrongful termination due to retaliation for seeking internal transfer?

I have proof of retaliation.

Brad S Kane
Brad S Kane
answered on Mar 21, 2023

First, each wrongful termination case is very fact specific, there is no "average" compensation standard.

Second, more important, an employee seeking a transfer is not a legally protected right that would support a retaliation claim unless it is motivated by hostility toward to...
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2 Answers | Asked in Employment Law and Employment Discrimination for Kentucky on
Q: I was denied a promotion at my job due to having FMLA in place for my husband who is sick.

Is this legal and what can I do cause the EEOC I can't even get an appointment with

Timothy Denison
Timothy Denison
answered on Mar 19, 2023

Go to the EEOC online portal and file a complaint with them online. You will never get through any other way.

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I worked for an employer for 3 months and got a $13,000 collection from them for training reimbursement what can I do?

I worked for an employer in March of 2021. I experienced a hostile work environment from management cursing at us all day and threatening our jobs. I left the company 4 months later and received a collection of 13,000 on my credit report. Upon hire, as part of the new hire paper work, they... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Mar 17, 2023

You should contact the California Labor Commissioner at the website https://www.dir.ca.gov/

You can file a claim against the employer and tell them your story. They will assist you, and will tell you if you need to get your own lawyer. If you do, there may be a labor code provision which...
Read more »

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4 Answers | Asked in Workers' Compensation, Employment Law and Employment Discrimination for California on
Q: In June of last year my attorney filed my claim for workers comp, I thought, she has been after the wrong ins. Now what?

She told me this week that they found the right insurance and just now filed a claim, I have been waiting almost a year, there was even a hearing and I was told the other party never showed up. I don't know who they filed the first claim with but it seems to me that the whole process is... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Mar 17, 2023

I find this explanation very suspicious. Your Worker's Compensation claim is not filed with the insurance company, it is filed with your employer, and makes no difference which worker's comp insurance company insures the company. It is up to the employer to notify their insurance company.... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for Colorado on
Q: My employer has been making me work full time + weekend; but paying me 1099. Is this legal?

I was hired by a company as an intern. I was then granted access to a percentage of my clients. At the start of 2022. My employer sent us a work agreement where he stated we had to agree to 40 hours in office + occasional nights and weekends. He then proceeded to pay us all year in 1099. Ive now... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 15, 2023

If you were paid via 1099 and classified as an independent contractor, you should reach out to a Colorado employment attorney to discuss your situation in more detail. You may have been misclassified as an independent contractor when, in reality, you should have been classified as an employee... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Uber is lying about fraudulent documents so they can wrongfully terminate me.

I work for Uber Eats. They refused to allow me online last Friday night siting one of my documents was flagged as fraudulent. They said they had no phone number to call this department. I double checked my documents and all are 100% valid and up to date. No one will speak with me about this issue... Read more »

James L. Arrasmith
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answered on Mar 15, 2023

I'm sorry to hear about your situation. If you believe that Uber is wrongfully terminating your account and lying about the validity of your documents, there are several steps you can take to address the issue:

Contact Uber Support: Continue to reach out to Uber Support and request to...
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Q: How do I begin age discrimination on all those involved in a CHRO case that I lost by retaliation?
James L. Arrasmith
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answered on Mar 14, 2023

If you believe you have been the victim of age discrimination and/or retaliation in the workplace, you may want to consider seeking the advice of an employment lawyer who can advise you on your rights and options. You may also be able to file a complaint with the appropriate government agency, such... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Minnesota on
Q: Can I sue my manager for making a racist remark and being biased?

I was helping a elderly couple who came to MN since 6/2022 from Laos do their first time State ID. It took me about half an hour to get it done. The next day I was called into the office by my manager to ask why I took half an hour to do a simple transaction that can take 15min. I explain to my... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 13, 2023

This is not a criminal law issue. I'm not sure that suing your manager would be particularly beneficial unless your manager has deep pockets. I suggest that you report the manager to his higher ups and allow them to address the issue internally.

Q: Is it legal for a company to not hire me because I tested positive for marijuana?

If it's not, what do I do about it?

Daniel A. Johnston
Daniel A. Johnston
answered on Mar 11, 2023

While there are some exceptions, it is typically illegal for a company to not hire you in New York based solely on a positive drug test for THC. If that's what they did, and why they did it, and no exceptions apply, you can sue them.

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Do I have a case on the grounds of retaliation by a manager?

In January of 2022, I filed a complaint against my manager to her manager. I also involved HR since a similar complaint that was filed two years prior was overlooked by her manager. Almost immediately after her manager spoke to her, she began retaliating against me. She began excluding me from... Read more »

John Michael Frick
John Michael Frick
answered on Mar 10, 2023

It depends on the nature of your complaint against your manager.

Your retaliation discrimination complaint must show that you engaged in protected activity in the investigation of an employment discrimination complaint based on race, color, national origin, religion, sex, age, or...
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1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: I was denied employment by a temp agency based on my criminal history.

I was denied employment based on my criminal history by a temp agency. I was interviewed by the temp agencies client company and was told that I had gotten the job. The temp agency then screened me doing a drug test and background check. I disclosed on my background check my felony conviction that... Read more »

Jimmy M. Santos
Jimmy M. Santos PRO label
answered on Mar 10, 2023

In New York, discrimination based on a past criminal conviction could be unlawful depending on several conditions. Under the NYS Human Rights Law and NY Corrections Law, the prospective employer must conduct a multi-factor analysis to determine whether it can decline to hire you, such as the... Read more »

4 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Employment - is there a list in California that has unemployable people on it for health care?

I was told I am on such a list but my record was expunged years ago. I can't fine such list...

Neil Pedersen
Neil Pedersen
answered on Mar 9, 2023

There is no such list. Individual companies can designate a former employee as not eligible for rehire, and that company can tell prospective new employers about that designation, but even then the company would be acting unlawfully if they place that designation on a former employee because that... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for Kentucky on
Q: Can me and my husband fight this?

My husband was exposed to 4 members of his family that had positive COVID tests; he called off work to get tested. We ended up having to do a home test due to our Medicaid lapsing; since his test was negative his job is trying to fire him for it. I'd also like to point out we live my... Read more »

Timothy Denison
Timothy Denison
answered on Mar 9, 2023

You can but it’s probably a loser. Kentucky is an employment at will state which means you can be terminated for any reason or no reason at all. If it was a commercial test rather than a home test, it would have made your case much stronger.

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: EEOC says I have a solid case with concrete evidence. Should I get a lawyer?

I received an email of me being terminated from my employer due to being pregnant. I filed a charge with EEOC.

Cynthia Pietrucha
Cynthia Pietrucha
answered on Mar 8, 2023

I'm sorry to hear about your situation. Whether you should get a lawyer depends on your goals with the EEOC Charge of Discrimination (settlement, mediation, litigation) and your damages from the experience. A lawyer will bring the expertise, advocacy and stress relief you may need during... Read more »

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