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Employment Discrimination Questions & Answers
2 Answers | Asked in Bankruptcy, Employment Law, Workers' Compensation and Employment Discrimination for New York on
Q: Suspended without pay for extended amount of time

I have been suspended from my workplace for almost a month due to a security breach. My account was used to make administrative changes to our users via a vpn connection. Upon looking further into my home network I realized an unknown user has accessed my incoming connection Keylogged my system,... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 11, 2021

Your employer is not violating the law by keeping you on a leave of absence while the police investigate the security breach. Unfortunately, there is not much you can do in this situation besides wait.

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4 Answers | Asked in Employment Discrimination for California on
Q: I believe I have a discrimination case against my prior employer of 11 years. In the time I worked for them I was

continually praised for my work by all of the personal. Last Aug I was laid of due to Covid-19. I wasnt called back when things opened up, and I have learned that a man had been hired to do my job and has been doing it since I was laid off. Do I have a case?

Maya L. Serkova
Maya L. Serkova answered on Aug 10, 2021

What you have described may be discrimination; however, not all discriminations are unlawful. Specifically, only discrimination due to your membership in the protected class of people or because you engaged in protected activity are legally actionable. You have not mentioned any facts that... Read more »

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2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can my employer require proof of COVID Vaccine in Florida if I have a medical condition?
Charles M.  Baron
Charles M. Baron answered on Aug 9, 2021

Yes. However, if you have a diagnosed disability which a physician says makes you medically ineligible for the vaccine, and you are fired for not being vaccinated, you may have a potential disability discrimination claim, as well as a potential unemployment compensation claim. From what I've... Read more »

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3 Answers | Asked in Employment Discrimination for Michigan on
Q: An employer didn’t hire me because they said they didn’t think the job would be financially and emotionally fulfilling.

I previously worked for them for 10 years as their general manager running the business and left on good terms. They contacted me a year later out of the blue and asked if I was interested in coming back for a specific position and I was the only person they were asking about the position. Made... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 5, 2021

An employer is generally free to make hiring and firing decisions for any reason other than for protected status reasons (e.g. race and gender).

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Q: I'm a independent contractor for the company doordash. If they have breach their contract with me can there be a lawsuit

Every month they assign "dashers" a premium service called "top dasher" if you meet all their requirements by the end of the month. I've met all of there requirements for 15 months, and this month, they refused to give me this service. This service entitles dashers more... Read more »

Timothy Denison
Timothy Denison answered on Aug 4, 2021

Theoretically, there could be a lawsuit. However, it would cost more in money, time and trouble than you could ever hope to recover.

1 Answer | Asked in Employment Discrimination and Employment Law for Arkansas on
Q: The governor of Arkansas made it illegal for businesses to require vaccine for employment Tyson is now firing if you

Don’t get it by November1 Is this legal

Chris W. Burks
Chris W. Burks answered on Aug 4, 2021

Thanks and what Tyson and many other companies are doing is likely legal in my view. Speaking broadly, Federal law allows companies to set general policies for the safe operation of the company. These general policies can include a vaccination or masking requirement. As long as these general... Read more »

3 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: I was recruited by a company and after starting forced to sign a non compete months later. I worked there for 3 years .

They let me go stating I did everything they asked but were changing directions. They offered me a severance no strings attached. Said they wouldn't enforce me non compete as long as I didn't solicit. Their words were they aren't A holes and wouldn't keep me from working. I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 4, 2021

No, it's not discrimination, it's failure to abide by their word. If they want the severance payment(s) back they will have to sue you for the money. At that point, should it come to that, you can tell the judge your side of the story.

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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I have a question regarding labor laws and hostility in the workplace

If an employer fails to address hostility in the workplace due to a supervisor and employee relationship, what rights do I have and what can I do about this issue never being taken care of

Neil Pedersen
Neil Pedersen answered on Aug 2, 2021

Unfortunately general hostility in the workplace is not unlawful. Only conduct hostile to someone's membership in a protected class of people can create liability. Because hostility is not unlawful, an employer violates no law by allowing it to exist in the workplace.

Good luck to you.

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: My employer has requested that I sign an arbitration agreement. Do I have to sign in California?

I've filed several complaints regarding unsafe working conditions and time adjustments with no resolution. what rights do I have to pursue legal action if I am forced to sign this agreement?

Neil Pedersen
Neil Pedersen answered on Aug 1, 2021

At this point in time it is still lawful for an employer to make signing an arbitration clause a condition of employment. You can be terminated if you refuse.

A couple of years ago a law was passed that made it unlawful for a California employer to require an employee to sign an arb clause...
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1 Answer | Asked in Employment Law, Employment Discrimination and Sexual Harassment for Iowa on
Q: can someone get fired for an affair?

with a coworker both subjects are married union job that is salary

Carrie Dyer
Carrie Dyer answered on Jul 28, 2021

Generally, yes - there is nothing unlawful about firing an employee for having an affair with a coworker.

1 Answer | Asked in Employment Discrimination and Employment Law for Wisconsin on
Q: Rights as Limited Term Employee for wrongful termination

I have type 2diabetes.. my blood sugar spiked and caused me to “lose consciousness” for a bit. I tested my glucose level and it was 245 which is high, as my level is 134 or lower. Was terminated for “sleeping on the job “. I wasn’t offered medical attention, even though I worked in the... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 28, 2021

This largely depends on whether your employer knew about your medical condition, that you weren't actually sleeping on the job, or that you needed medical attention. More information about your situation is necessary to determine whether you have a claim under the Americans with Disabilities... Read more »

1 Answer | Asked in Employment Law, Constitutional Law and Employment Discrimination for Arizona on
Q: My husband was fired due to him having an 11yr old felony he reported when he was hired two weeks ago, is this legal?

Is this an unfair dismissal being that he was already working for two weeks? He was approached by his supervisor of two weeks who told him the company does not hire people with his type of charge. Which was a sexual offense. The company he was working at was a metal crafting company

Rhiannon Herbert
Rhiannon Herbert answered on Jul 27, 2021

Unfortunately, there is no law that prohibits employers from firing or refusing to hire individuals based on prior criminal convictions. However, if you believe your husband was targeted for termination for a different reason unrelated to his past convictions, then you should contact an Arizona... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Can KY employee be legally fired after informing employer he needs surgery and another injury has not properly healed?

Stepdad has foot surgery months ago and had physical therapy, and the therapist was too aggressive and reinjured his foot, so he had to take another 6 weeks off, Docs orders. Foot still not healed. And his other foot now needs surgery. He informed his employer, who then fired him. Is this... Read more »

Timothy Denison
Timothy Denison answered on Jul 27, 2021

It’s possibly discriminatory, depending on other underlying facts in the case.

Q: I was fired on my birthday, during my third week of employment. Possible hostile work environment. Where do I start?

I was referred to as "Lawrence Olivier" by my boss. He was famous for blackface.

I am black.

Other jokes about green cards were made...I applied for a job as assistant manager. They made me a receptionist instead, saying if I proved myself I could become an assistant.... Read more »

Neil Pedersen
Neil Pedersen answered on Jul 26, 2021

Absent an unlawful motive, it is not unlawful for an employer to act as you have noted. It would only be considered unlawful if you can prove that the motivation for the employer's conduct is race (or national origin if the green card comments were related thereto). Proof will be the issue.... Read more »

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2 Answers | Asked in Immigration Law, Employment Law, Civil Rights and Employment Discrimination for New York on
Q: My job asked me to share my college transcripts & diplomas to submit to U.S. immigration to help a new hire get a visa.

I work in NYC, at will, salaried. My employer requested that I share my diploma and transcripts so that they can share them with immigration officials to help a new hire get a work visa. My employer did not indicate that the request was optional. Can they legally request that? Can they share my... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jul 26, 2021

The USCIS has gotten extremely obnoxious to employers for H1-b visa applications. The unrighteous restrictions placed upon lawful non-immigrant/immigrant employment visa applicants smothers the U.S. economy due to bigotry and ignorance. They used to allow 200,000 H1b visas in the 1990s, but it... Read more »

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1 Answer | Asked in Employment Discrimination for Missouri on
Q: can a company tell me to cease applying to their company?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 20, 2021

Yes. If a company doesn’t want you to apply then apply for jobs elsewhere. The job market is presently strong.

2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: Can my criminal background stop me from getting a job at Dollar General as a cashier

I'm a 34 year-old African American, living in Pensacola FL. I recently applied for a job as a cashier at Dollar General. They were in desperate need of employees, even holding open interviews. I hit if off with the manager right away, and the interview was a complete success. She... Read more »

Michael  Mayoral
Michael Mayoral answered on Jul 18, 2021

Unfortunately, they are allowed to choose not to hire you based on your background. I wish you the best of luck. Keep trying, you're doing the right thing.

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Job title changed now we are trying to force me to change back

I work for a motel in California I was hired at the house I got promoted the front desk and now because the owner doesn’t want to hire a new housekeeper and wants to get someone in front desk off the books he’s trying to force me to do housekeeping again and I don’t want to is that legal?

Neil Pedersen
Neil Pedersen answered on Jul 18, 2021

Perfectly legal. You are employed at will unless you have an agreement to the contrary with your employer about that status. The employer of an at will employee can change the terms and conditions of employment, including job title and job responsibilities, at any time and for any reason or even... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: Can I be fired for having an odor due to hoarding caused by a mental health issue?

My supervisors have had complaints and have spoken to me about this. I thought is was a body odor issue and changed all my personal hygiene items even laundry products, but then realized this after talking to a professional counselor. My company sent me home 2 days ago and have yet to let me know... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 13, 2021

Generally speaking, while it might be unfair or unethical, it is not unlawful to terminate an employee due to complaints of body odor. More information is necessary to fully understand your situation. It does not sound like your employer is aware that a medical condition is causing the issue. You... Read more »

Q: The Worker's Compensation Atterney I hired settled my PD claim w/o my consent

I told him no i wanted full disclosure of my claim and need to ask the judge for some of my $125,642 award i was put as permanet and stationary way to early by my PTP when still getting my right hand,fingers,thumb,wrist from pulling radial nerve out of my bicept from jobsite fall ,and my back and... Read more »

Neil Pedersen
Neil Pedersen answered on Jul 13, 2021

You have not asked a question.

This Q&A board is not a place to solicit an attorney to work for you. It is a place to get general legal guidance.

Speak to your attorney about this. You cannot be forced to sign a settlement that you do not agree with. However before you walk...
Read more »

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