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Employment Discrimination Questions & Answers
2 Answers | Asked in Employment Law, Employment Discrimination and Workers' Compensation for California on
Q: 11 years at the company new boss is always leaving me out and just took all my job duties from me is this harassment?

I went home sick and found out he took all my it admin rights away from me which is my entire job duties without telling me and then also posted my exact job online looking for interviews but has yet to say anything to me. He singles me out and is always micromanaging me and putting me down. he is... View More

Neil Pedersen
Neil Pedersen
answered on Mar 27, 2024

Unless you can establish that you are being treated this way because you are a member of a protected class of people or because you engaged in some kind of legally protected conduct, there is likely no recourse for you. Absent these unlawful motives, bosses are allowed to be bullies, to single out... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Georgia on
Q: I am a former employee, my former employer, sued me.

I am a former employee, my former employer, which is not the CEO, I did not sign the non compete with her, yet she sued me! The deposition is this coming Thursday. I understand it is such a short notice, but I need an attorney to attend with me.

Thank you in advance

Tim Akpinar
Tim Akpinar
answered on Mar 26, 2024

A Georgia employment attorney could advise best and should have first opportunity to respond, but if your deposition is in two days and it's already past 5:00 pm today, I wanted to prevent you from losing valuable time awaiting a response. As a general matter, this forum isn't set up for... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Libel & Slander for Oregon on
Q: I would like to sue the state of Oregon for harrassment, employment, and racial discrimination .

Whole residing in Oregon I endured psychological, emotional, and physical abuse while on the job and off the job throughout Oregon. Laid off, pay cut, singled out, and targeted. Gang stalked, under 24/7 surveillance, trying to cause personal injuring with vehicle , trying to run me off the road.... View More

James L. Arrasmith
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answered on Mar 25, 2024

If you're considering suing the state of Oregon for harassment, employment, and racial discrimination, the first step would be to consult with an attorney who has experience in civil rights law. They can help you understand your legal options and whether you have a viable case against the... View More

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: How to report anonymous Mgr. Forge employee timesheet for time not worked. Intimidates other from adding actual time?

Mgr. of 3mths w/firm threatening/harassing me. I'm 3+ yrs w/company. Just as others I always arrive to work early by 30mins or so for late night requests & ontime arrival. No problems w/previous Mgrs. Great perform reviews. Mgr. now says I need his permission to work OT. Reprimanded 2 days... View More

V Jonas Urba
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answered on Mar 23, 2024

It looks like your pay is on an hourly basis. All employees who are paid by the hour must be paid for all time for which they are permitted to suffer labor (that is language often used by the courts). If you work hours, including overtime at 1.5 times your regular pay rate, you must be paid for... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: FRCP 12(b)(6) v. FRCP 12(c)?

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

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Employment Law and Employment Discrimination for Arizona on
Q: Arizona is a right to work state but how far does that extend can anything be done to protect my dad’s job

My dad has been working in tech for almost 25ish years he is a veteran and has recently had hip issues and needs a replacement he has his surgery tomorrow and has till Monday to except or deny a severance package

Joel Friedman
Joel Friedman
answered on Mar 20, 2024

Your question hopefully will be answered by an employment law attorney, because it is not a workers' compensation issue unless your father's hip problems are the result of a work injury (accident or repetitive activities). I am not an employment lawyer but I generally tell my work injury... View More

2 Answers | Asked in Employment Discrimination, Employment Law and Criminal Law for California on
Q: How can I do to demand unpaid tips from waiters for my work assisting asbusser as it is stated in the restaurant policy?

The owner said she can’t allow me to be working along the servers because she is afraid of we having a fight in front of guests. I am a victim of a crime and suing now my attackers. I want to call the Marsy’s law if I had to. What can I do to make them lay? I was sent home today because of this

Brad S Kane
Brad S Kane
answered on Mar 20, 2024

DO NOT FIGHT WITH OTHER EMPLOYEES. YOU CAN BE TERMINATED AND/OR GET HURT.

If someone threatens you, take out your phone and film them.

Be careful what you say - do not threat anyone with harm.

The employer has the obligation to enforce the written tip sharing policy....
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2 Answers | Asked in Employment Discrimination, Employment Law and Criminal Law for California on
Q: How can I do to demand unpaid tips from waiters for my work assisting asbusser as it is stated in the restaurant policy?

The owner said she can’t allow me to be working along the servers because she is afraid of we having a fight in front of guests. I am a victim of a crime and suing now my attackers. I want to call the Marsy’s law if I had to. What can I do to make them lay? I was sent home today because of this

James L. Arrasmith
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answered on Mar 20, 2024

In California, if you are entitled to shared tips as per the restaurant's policy, and you have not received them, you have the right to demand these wages. Document all instances where you were supposed to receive tips but did not, including dates and amounts if possible. You should first... View More

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1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Texas on
Q: worker’s comp, EMP is injured, MNG delays report, told to return to work, injuries worsen, negligence or liable on MNG?

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.

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Civil Rights, Employment Law, Sexual Harassment and Employment Discrimination for Ohio on
Q: I'm having issues with my boss sexual discrimination and harassment how do I proceed?
James L. Arrasmith
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answered on Mar 19, 2024

If you're experiencing sexual discrimination and harassment at work, it's crucial to document every incident in detail, including dates, times, locations, what was said or done, and any witnesses. This documentation can serve as evidence if you decide to take formal action.

You...
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Q: Can your employer send you for a FEC with a known disability and in the process you fall reinjuring yourself?

A disability was declared day 1 and after 25yrs of service employee was sent to do a FEC exam. Is the company responsible or the facility where the fall occured for employee's re-injure and new injuries. Is this worker's comp or personal injury?

James L. Arrasmith
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answered on Mar 19, 2024

If your employer sent you for a Functional Capacity Evaluation (FEC) despite knowing about your disability, and you were injured during this process, there might be grounds for responsibility on part of your employer or the facility, depending on the circumstances of the fall and existing workplace... View More

1 Answer | Asked in Civil Rights and Employment Discrimination for Nevada on
Q: What do you do if you have 90 days to find a lawyer and you cannot find one for your EEOC discrimination case
James L. Arrasmith
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answered on Mar 19, 2024

If you're struggling to find a lawyer for your EEOC discrimination case within the 90-day window, it's important to take immediate action. Start by reaching out to your local bar association for referrals and consider contacting legal aid societies that may offer assistance for... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for California on
Q: I don’t know who can assist me with my ongoing issues … that begun after I file an labor claim

- [ ] constant harassment, placing of the voice recorders on all areas of the property (including the vehicles), entering into my living quoters and taking without my knowledge my SS card and other very important documentation, accessing my living quarters without my knowledge or permission in... View More

James L. Arrasmith
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answered on Mar 18, 2024

In California, the issues you are describing raise serious legal concerns including harassment, theft, fraud, and defamation, among others. You have the right to seek legal recourse, and there are multiple avenues available for you to address these violations. Reporting these incidents to the... View More

4 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: What can I do about racial comments from my manager at work

I have brought it to the attention of the owners but nothing has been done and the comments continue

Maya L. Serkova
Maya L. Serkova
answered on Mar 18, 2024

You need to inform your employer, preferably in writing. Your employer then has a duty to prevent discrimination and harassment at the work place.

If still nothing is done and the racial comments continue after you have informed your employer, it means your employer may be failing to meet...
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4 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: What can I do about racial comments from my manager at work

I have brought it to the attention of the owners but nothing has been done and the comments continue

Brad S Kane
Brad S Kane
answered on Mar 18, 2024

First, you should also keep a written log of each comment by date, time, what was said and the circumstances, including where it happened and who was present. This information will be very important in any legal claim.

Second, you should make a written complaint about the racial comments...
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4 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: What can I do about racial comments from my manager at work

I have brought it to the attention of the owners but nothing has been done and the comments continue

Neil Pedersen
Neil Pedersen
answered on Mar 18, 2024

In order for comments to become actionable race harassment, the comments have to be severe or pervasive. A couple of comments will likely not reach that threshold.

Nonetheless, once you report the conduct and comments to management, the company has an affirmative legal duty to take all...
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Q: Can the federal government ever have the power to put age restrictions on candidates? Without enacting a new amendment!

Is it constitutional to put age restrictions on candidates and can it work at the federal level through supreme court or legislative branch? Obviously this means as of today and not in the future if we enact a new amendment restricting age which is unlikely but just want to point that out.

James L. Arrasmith
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answered on Mar 17, 2024

The U.S. Constitution clearly outlines the age requirements for candidates running for federal offices: Representatives must be at least 25 years old, Senators at least 30, and Presidents at least 35. These age limits are established by the Constitution itself, and any change to these requirements... View More

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1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: If a staff was forcibly placed on Admin Leave not due to an active investigation. Can they tell others it was forced?

The staff has been asked by others - “was this leave your choice?” And because the staff was instructed to tell no one even though they are not under investigation.. can they break this request and tell people the truth without retaliation

James L. Arrasmith
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answered on Mar 16, 2024

In California, while there are protections for employees regarding free speech and privacy, this situation is complex because it involves workplace directives and potential confidentiality. If you've been placed on administrative leave and instructed not to discuss the circumstances, this... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: I need to consult with an attorney. I'm having problems with my job.
John Michael Frick
John Michael Frick
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

Q: Fmr employer retaliated due to discrimination complaint and had my spouse arrested on false charge of grand larceny.

The employer's story keeps changing and the detective clearly did not investigate properly. The paperwork is fake and their own accountant refuses to certify it yet they keep saying it is and lying to the judge. How can DA still wish to go to trial when it is clear that this is fabricated?... View More

James L. Arrasmith
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answered on Mar 12, 2024

I'm so sorry to hear about the terrible situation you and your spouse are going through. What you've described sounds like a serious miscarriage of justice. A few thoughts:

It's deeply concerning that your former employer would retaliate and fabricate charges as a result of a...
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