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Employment Discrimination Questions & Answers
4 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I believe I’m being discriminated against by my manager at work. Should I seek legal help?

I am the only black employee at the company and am being excessively surveilled/scrutinized by my manager. We work remotely, but she’s constantly monitoring my work & and does not do this to other white employees in my dept. I have never missed a deadline or been late on a project. I have... View More

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

While discrimination cases are very fact specific, the difference in treatment of black and non-black employees does appear motivated by racial discrimination based on the facts presented. However, this is a public board, not protected by the attorney client privilege. You should seek a... View More

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4 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I believe I’m being discriminated against by my manager at work. Should I seek legal help?

I am the only black employee at the company and am being excessively surveilled/scrutinized by my manager. We work remotely, but she’s constantly monitoring my work & and does not do this to other white employees in my dept. I have never missed a deadline or been late on a project. I have... View More

Neil Pedersen
Neil Pedersen
answered on Feb 18, 2024

You may well have a claim of race discrimination and/or harassment. The key will be in proving what you suppose is occurring because of your race as opposed to some other legitimate reason. For instance, if the employer can prove they are watching you carefully because of your poor performance,... View More

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4 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I believe I’m being discriminated against by my manager at work. Should I seek legal help?

I am the only black employee at the company and am being excessively surveilled/scrutinized by my manager. We work remotely, but she’s constantly monitoring my work & and does not do this to other white employees in my dept. I have never missed a deadline or been late on a project. I have... View More

James L. Arrasmith
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answered on Feb 21, 2024

Under California law, what you're describing may constitute workplace discrimination, particularly if you're being treated differently based on your race or color. California's Fair Employment and Housing Act (FEHA) prohibits harassment and discrimination in employment because of... View More

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4 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I believe I’m being discriminated against by my manager at work. Should I seek legal help?

I am the only black employee at the company and am being excessively surveilled/scrutinized by my manager. We work remotely, but she’s constantly monitoring my work & and does not do this to other white employees in my dept. I have never missed a deadline or been late on a project. I have... View More

Eva Zelson
Eva Zelson
answered on Feb 23, 2024

Yes, it would be a good idea to seek out an experienced employment law attorney for a free consultation. Your employment lawyer will review the evidence in your case and advise you on legal options moving forward. Whether or not the actions of your manager(s) can be proven as discriminatory in... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: if my manager is trying to make me quit by clearly not only breaking store policy but federal laws to do can I sue?

I run a register at work my manager uses my personal pin number for the register without my permission or knowledge while I'm not there for herself and every other employee that may be working. She on a regular basis changes my work hours to look like I've taken a lunch when she knows for... View More

Mitchell Feldman
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Mitchell Feldman
answered on Feb 17, 2024

If the automatic deduction for lunch that you did not take results in you losing pay, that would be otherwise overtime hours there is clearly a violation of the fair labor standards act.

But there’s also a violation of the fair labor, standard act and department of labor regulations if...
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I have been falsely accused of harassment and then I was falsely accused of discrimination? What to do?

At my employer I have a good reputation of being hard working let's say one of those key team members, ever since the company hire a team member that slacks so much theres been conflict in my team , this team member claimed he had experience when he doesn't he used another team member to... View More

Neil Pedersen
Neil Pedersen
answered on Feb 17, 2024

You are going to be disappointed to hear that the kind of treatment you are facing will not give you a right to sue this individual or your employer unless you can prove the treatment is being motivated because you are a member of a protected class of people, or because you engaged in some kind of... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I have been falsely accused of harassment and then I was falsely accused of discrimination? What to do?

At my employer I have a good reputation of being hard working let's say one of those key team members, ever since the company hire a team member that slacks so much theres been conflict in my team , this team member claimed he had experience when he doesn't he used another team member to... View More

James L. Arrasmith
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answered on Feb 21, 2024

In California, being falsely accused of harassment and discrimination at your workplace can be distressing and challenging to navigate. It's crucial to document all incidents of harassment, discrimination, and any related behavior, including specific dates, times, and individuals involved.... View More

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2 Answers | Asked in Immigration Law, Employment Law, Education Law and Employment Discrimination for Wisconsin on
Q: Working while waiting on EB-3 Visa

I am currently on STEM-OPT Visa and my company is working on helping be obtain an EB-3 Visa. There seems to be a couple steps;

1. Submitting and obtaining PERM Certificate.

2. Filing the form I-140 petition

3. Wait for Your Priority Date

4. Adjusting status.... View More

James L. Arrasmith
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answered on Feb 22, 2024

The processing times for each stage of the EB-3 visa process can vary significantly based on several factors, including the volume of applications being processed and the specifics of your case. Generally, obtaining a PERM Certificate can take about 6 to 10 months, but this timeframe can fluctuate.... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: Can I get into trouble for voice recording another employee making racists comments about someone

I also have recordings of them saying they are going to save the hardest jobs for this employee

T. Augustus Claus
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answered on Feb 15, 2024

In North Carolina, recording conversations without the consent of at least one party involved is generally legal, as it is a one-party consent state. This means if you are a party to the conversation, you can legally record it without the other party's consent. However, recording conversations... View More

1 Answer | Asked in Employment Discrimination for New York on
Q: Is it fair that after six of employment I was told I could no longer wear my head covering without getting documents.

Hr was aware upon hiring and didn't ask for documentation however after six months I was told I needed paperwork

V Jonas Urba
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answered on Feb 15, 2024

"Head covering" could mean almost anything. An employment lawyer would examine your job duties first and foremost. Does your position description or your job duties pose a physical safety threat to you or others for wearing some type of unknown head covering?

Next an employer...
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1 Answer | Asked in Employment Discrimination and Employment Law for Nebraska on
Q: Hypothetically, say you work for a company they didn’t pay you while you work even after but fired you.what can I do?

After they fired me, I called them and asked if they were going to pay me and they just told me not to call back and that I was on the case I was just basically confused. I’m still confused to this day I still haven’t been paid. I called my local courthouse. There is nothing on my name, so... View More

Julie Fowler
Julie Fowler
answered on Feb 14, 2024

Depending on your specific facts, you may have a cause of action under the Nebraska Wage Payment and Collection Act. Under this set of statutes (Neb. Rev. Stat. Section 48-1228 to 48-126), the employer can be ordered to pay fines and attorney fees if you are successful under this Act if forcing... View More

3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Does my non-profit employer have a right to tell me what I can and can't wear during a ZOOM meeting or in public?
T. Augustus Claus
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answered on Feb 13, 2024

Yes, your non-profit employer generally has the right to establish a dress code or appearance policy that applies during work-related activities, including Zoom meetings or when representing the organization in public. Employers can set these standards to maintain a professional image, adhere to... View More

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3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Does my non-profit employer have a right to tell me what I can and can't wear during a ZOOM meeting or in public?
James L. Arrasmith
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answered on Feb 21, 2024

If you believe that your employer's dress code policy is discriminatory or unlawfully restrictive, you may consider discussing your concerns with your employer or seeking advice from an employment law attorney. Your attorney can help you understand your rights under California law and advise... View More

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3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Does my non-profit employer have a right to tell me what I can and can't wear during a ZOOM meeting or in public?
Neil Pedersen
Neil Pedersen
answered on Feb 13, 2024

If you are engaged in work for the company, your employer can require you to wear whatever attire it deems appropriate for the conversation. Of course, if you have a medical need or cultural norm that requires some different form of dress, then there needs to be an analysis related to reasonable... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Can I be suspended for another employees mistake but no action against that employee just me?

My manager told one employee that we wished it was me that made the mistake so he could fire me so instead he suspended me for 5 days no pay but nothing to the employee that made the mistake.

T. Augustus Claus
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answered on Feb 9, 2024

In Kentucky, if you are suspended for another employee's mistake with no action taken against the employee who actually made the mistake, especially if there's an expressed wish by the manager that you had made the mistake for the purpose of firing you, this could potentially be... View More

2 Answers | Asked in Employment Law, Civil Rights, Employment Discrimination and Health Care Law for California on
Q: Job requires release of medical records to private company for FMLA medical leave. Is it not a labor or HIPAA violation?

I'm currently on medical leave from my work with short term disability. In spite of allowing other employees to take extended leave just based on a doctor's note, my company is requiring me to file FMLA to excuse my absence. I had a couple questions. First, is there a reason my... View More

James L. Arrasmith
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answered on Feb 22, 2024

Under California law, employers are permitted to require certification from a healthcare provider to verify the need for leave under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA). However, the extent of the information requested can be limited to what is... View More

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2 Answers | Asked in Employment Law, Civil Rights, Employment Discrimination and Health Care Law for California on
Q: Job requires release of medical records to private company for FMLA medical leave. Is it not a labor or HIPAA violation?

I'm currently on medical leave from my work with short term disability. In spite of allowing other employees to take extended leave just based on a doctor's note, my company is requiring me to file FMLA to excuse my absence. I had a couple questions. First, is there a reason my... View More

Neil Pedersen
Neil Pedersen
answered on Feb 8, 2024

No this is not a HIPAA issue. Employee medical rights are protected under other statutes.

When an employee seeks medical leave it is not unlawful for the employer to seek verification of the scope and necessity for the leave. The employer itself cannot do that evaluation, but it is lawful...
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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Does my employer have to pay my raise and bonuses?

I left for military sometime in 2021-2022. I am a reservist. I would usually give verbal or a written note or just show my orders or some type of document. When my new operational manager showed he required me to go through a third party called hartford for military leave. Even wrote me up for not... View More

Neil Pedersen
Neil Pedersen
answered on Feb 6, 2024

Generally you do not have a legal right to a raise, even if the employer says you are going to get one in the future. The only way a denied raise would give you legal rights is if you could prove you did not get the raise because you are in a protected class of people or because you engaged in... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Does my employer have to pay my raise and bonuses?

I left for military sometime in 2021-2022. I am a reservist. I would usually give verbal or a written note or just show my orders or some type of document. When my new operational manager showed he required me to go through a third party called hartford for military leave. Even wrote me up for not... View More

Louis George Fazzi
Louis George Fazzi
answered on Feb 7, 2024

For the quickest relief, you can contact the Labor Commissioner, who is charged with making sure all employees are getting paid what they are due. Here's their website: https://www.dir.ca.gov/dlse/

Look for the link to file a claim for wages or other benefits due you. The Labor...
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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Does my employer have to pay my raise and bonuses?

I left for military sometime in 2021-2022. I am a reservist. I would usually give verbal or a written note or just show my orders or some type of document. When my new operational manager showed he required me to go through a third party called hartford for military leave. Even wrote me up for not... View More

James L. Arrasmith
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answered on Feb 22, 2024

In most cases, simply being promised a future raise by your employer doesn't grant you a legal entitlement to it. Your right to challenge a denied raise typically hinges on demonstrating that the denial was based on discriminatory reasons or retaliatory actions due to protected characteristics... View More

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