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Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Law and Employment Discrimination for Michigan on
Q: I can't schedule an interview with EEOC they are booked for months. What can I do?
Brent T. Geers
Brent T. Geers answered on Apr 26, 2022

I assume you filed a complaint? Not much you can do except wait.

1 Answer | Asked in Employment Law, Employment Discrimination and Workers' Compensation for California on
Q: I need legal help I was recently injured at work. A manager at a different store is going around saying I faked it.

I told the adjusters something in confidence and the other store managers going around telling other employees that I faked getting injured at work even though I had a witness and I had a previous injury in a different state years ago where a customer ran me over in the parking lot and she's... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 25, 2022

Tell your workers compensation attorney about this. If you do not have a workers compensation attorney, you need to get one right away. Do not let the company and its workers compensation attorney cheat you out of what you deserve, and don't let this kind of retaliation go on without an... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for New Jersey on
Q: Do I have a case for wrongful termination if there was no investigation done? Also have concerns with discrimination

along with harrasment from a Supervisor. I had a clean record up until last month which resulted in HR intervene. Requested to move to another shift to which the manager would not approve as I was labeled "a problem not moving" HR had me sit in a meeting with the manager and supervisor... Read more »

Paula M. Dillon
Paula M. Dillon answered on Apr 25, 2022

i would need to know more information.

1 Answer | Asked in Employment Discrimination and Employment Law for New Jersey on
Q: when you are hired by a recruiter for a larger firm (at&t) if employment law is broken who is legally liable?

hired by a recruiter , denied employment for failed drug test, the drug is legal in my state (recreation and medicinal) my state protects people against denial of employment on the grounds of discrimination. im trying to find out who can i sue. the recruiter or the firm who the recruiter is hiring... Read more »

Paula M. Dillon
Paula M. Dillon answered on Apr 24, 2022

it could be both.

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Does IT, data or information sabotage by supervisor also prove retaliation, fraud, discrimination or IIED?

The employee elevated unlawful discrimination and harassment complaint by a Manager. After the complaint, HR ignored and didn’t issue consequences to supervisor who harassed employee which led to pervasive sabotage and stress. The employee had a disability and informed the employer, they... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 23, 2022

It could be used as evidence of retaliation. It would be a stretch, but it might be part of a claim of intentional infliction of severe emotional distress. I don't see how it would fit into a fraud cause of action.

Keep in mind that retaliation is only unlawful if the trigger for the...
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1 Answer | Asked in Employment Discrimination and Employment Law for New Hampshire on
Q: Can an employer require you to give a reason when requesting a day off?

A new manager put in place a rule that if you are asking for time off you must provide a reason for that request. If the reason isn't good enough, you are denied your request. The request sheet is left out so that anyone can see your request.

Rhiannon Herbert
Rhiannon Herbert answered on Apr 19, 2022

Yes. Since paid time off is not required by law, employers have a lot of discretion to define the terms of when and how employees can use it. If you don't want your requests to be seen by others, you can ask to mark the days you'd like off on the sheet and separately email or message your... Read more »

3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can an employer require you to speak English at all times even during private conversations among coworkers?

My job recently implemented an English-only rule. I work at a fast food place and while English is the language most spoken by our employees, we do have quite a few employees who speak only speak Spanish. Is it legal to require them to speak English at all times while on the clock? Management says... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 18, 2022

An English only policy is forbidden under California law. Employers with at least five employees cannot limit or prohibit the use of any language in the workplace, except in rare circumstances when they can demonstrate a legitimate business necessity do so.

Good luck to you.

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1 Answer | Asked in Employment Discrimination for Kentucky on
Q: i need to know if I can get paid for all unpaid worked hours

Basically, I lived and worked at a hotel here in KY i was homeless and needed a place to stay so I agreed to work off my rent by cleaning rooms. after a month or so and they seen how I worked they decided to put me up front at the desk for 8 months they worked me 7 days a week no less than 7 hours... Read more »

Timothy Denison
Timothy Denison answered on Apr 18, 2022

You should file a complaint with the Kentucky Labor Board. They enforce workplace labor violations.

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Why would legal advise manager to provoke a whistleblower w ptsd so they react inappropriately and legally terminate?

Seems like a huge risk for the employer if they were to get caught. Curious to know if there is a legal strategy behind giving the green light on IIED. interested to know (theoretically) why legal would encourage that behavior considering it is unlawful. Would an employer take that risk if there... Read more »

Maurice Mandel II
Maurice Mandel II answered on Apr 17, 2022

Interesting question and sorry to hear you were poorly treated. Why would an employer take risks as you describe- in a hypothetical situation? One possible reason is that if you are claiming that you suffered a stress injury as a result of your work/workplace, that would be in the worker's... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for Washington on
Q: How do I prove a common law name change to my employer?

I live in Washington State. I have gone by my middle name now for more than 30 years. My employer requires that my birth certificate name appear on my Outlook and the program our company uses to manage clients. With my close co-workers, this doesn't matter, but there are enough people I... Read more »

Brad S Kane
Brad S Kane answered on Apr 17, 2022

In Washington state, while a common law name change based on usage is recognized, changing the name on your birth certificate requires a court order. The process is relatively inexpensive costs a few hundred dollars. For more info, go to:... Read more »

Q: My boss put a ring motion censored audio/visual camera in shipping office without consent, he admitted it was for me

This camera send notifications to his phone whenever the sensor is activated. In midst of an altercation with him he admitted to placing that camera there specifically for me even though there are many people who work in that office I just happen to work alone on night shift. He has stooped as low... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 13, 2022

There are laws against recording people on cameras without their knowledge, but assuming that you knew about it, your boss doesn't need your permission.

1 Answer | Asked in Employment Law and Employment Discrimination for Missouri on
Q: Does an employer have the right to deny an employees doctor's note stating he should only work 1 Saturday per month?

If the condition is something categorized by ADA as being a chronic condition. And the overtime hours that he'd be working were never discussed.

Robert Grant Pennell
Robert Grant Pennell answered on Apr 11, 2022

Generally speaking, the terms of employment are between the parties and can be changed at anytime, and a doctor’s note need not be accepted by an employer. The exception is if the employer has enough employees to be covered by the ADA and the situation deals with a reasonable accommodation... Read more »

1 Answer | Asked in Divorce, Employment Discrimination and Sexual Harassment for Texas on
Q: If I expose my boss/dad for cheating with a coworker and divorcing my mom, will it effect her outcome if he's fired?

My dad is my boss at work. He left my mother for one of our coworkers. She's half his age and has only been there six months. She's made sexual advances at me that I blow off. Well he fell for it. The day after he left my mother I arrived at work and he started bossing me on things to do... Read more »

Penny Wymyczak-White
Penny Wymyczak-White answered on Apr 10, 2022

I would find a new job and leave the drama behind. Your dad sounds like a jerk.

3 Answers | Asked in Employment Discrimination for Florida on
Q: Is it legal for a restaurant owners wife to collect tips?

The owner of a restaurant I work at allows his wife to take tables and collect tips, taking tables away from his employees to do so. He will even ask employees to come in and work with his wife while paying them a flat fee, and she collects more in tips than the other employee is compensated, even... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 8, 2022

1. Florida and federal law require restaurant owners to pay employees the current minimum wage but the law does not tell employers how they must do it.

2. Some restaurants do not allow tipping at all, but instead choose to pay their employees on an hourly or shift basis.

3. Any...
Read more »

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2 Answers | Asked in Employment Law and Employment Discrimination for Missouri on
Q: Missouri statue on a noose being hung at my job by my supervisor 7-8 years ago and I have a witness?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 5, 2022

7 years is way past the statute of limitations for employment discrimination.

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2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: Is my employer allowed to require a mandatory unpaid 30-minute break in the state of Florida?

I currently work for a remote company and I reside in the state of Florida. I have been working for this company for a few months and the only break given was a 20 minute paid break for an 8-hour shift. They now sent out a form to sign stating that we must take a 30-minute unpaid meal break, even... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 5, 2022

Yes. Florida law does not require Florida employers to give employees any breaks, period. Some do, some don't. They get to decide. Why?

Because Florida is an “at-will” state, which means private employers are free to solicit, hire, promote, demote, suspend, terminate, reinstate,...
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1 Answer | Asked in Employment Law and Employment Discrimination for Minnesota on
Q: we have no published/signed agreements regarding pto company wide, can my employer legally require me to use PTO?

we have never signed a contract regarding pto nor has a published employee handbook stating pto guidelines been given to me. i am a salaried employee and my time off has never been an issue before as long as my hours are worked at some point or my work is up to date.

Rhiannon Herbert
Rhiannon Herbert answered on Apr 5, 2022

Yes. There are no laws that require employers to offer benefits such as PTO, so if your employer chooses to offer it, they can require you use it if you will miss work.

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for New Jersey on
Q: Is it religious discrimination if employer gives raise to all vaccinated employees but not those w religious exemption?

I’m still able and required to fulfill the same job duties as my co workers but I’m being singled out from a significant raise due my religious exemption vs vaccination.

Debra Kradjian Stephans
Debra Kradjian Stephans answered on Mar 30, 2022

It could be. How large is this employer? How many employees are there in total that received raises? Were your co-workers employees longer than you were with this company? Do they have the same type of job as you do? The employer must be able to articulate the reasons why you were not treated... Read more »

1 Answer | Asked in Employment Discrimination for Arkansas on
Q: Is my employer allowed to force me to work 85 hours a week or be fired? I work in Arkansas
Chris W. Burks
Chris W. Burks answered on Mar 30, 2022

Thanks and there could be a minimum wage or overtime violation for being forced to work that much in Arkansas. It depends on if you are getting an overtime premium payment for hours over 40 in a workweek. It also depends on your rate of pay, or if you are paid a salary

2 Answers | Asked in Criminal Law, Employment Law, Employment Discrimination and Sexual Harassment for Kentucky on
Q: If I tried to complain to boss about harassment in the work place more than one time and was fired. Can I sue ?

I complained to my boss about harassment and people keeping from doing my job in correct and timely manner. also sexual assault happening in the work place. He set up a date for me to walk in that was March 25 at 8:30am and as soon as I walked in he already found a different way of firing me and... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Mar 30, 2022

You may have a claim for retaliation under Title VII of the Civil Rights Act, but this will depend on what you told your boss in your complaint. Your complaint must be "protected" under the law, meaning your complaint of harassment must be based on your race, sex, age, disability, and/or... Read more »

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