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Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for California on
Q: If a medical clinic (PA) falsified information on my medical physical exam, can I sue?

I was in the process of getting hired to a company, however I needed to take the Dot/physical exam and medical exam. The Physician Assistant who examined did not do a thorough exam, which in turned cost me a career. The PA explained to me that I didn’t pass due to my past medical history which... View More

James L. Arrasmith
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answered on Feb 27, 2024

Under California law, if you believe a medical clinic or a healthcare provider has falsified information on your medical examination, you may have grounds to sue for damages, especially if this action has directly impacted your employment opportunities. Falsification of medical records is a serious... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination on
Q: My brother resigned after 38 years. He had many accused hours earned and was told due to resigning, an they never paid i

Alot money he was saving till retired. We just learned that may not be true. Can he make them pay him he needs earned it! Please advise his wife terminal needs bad.

James L. Arrasmith
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answered on Feb 24, 2024

I'm sorry to hear about your brother's situation. If he earned accrued hours during his 38 years of service and was promised payment upon resignation, he may have legal grounds to pursue the compensation he is owed. The first step would be to review any employment contracts, policies, or... View More

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: What's a mutual dispute resolution agreement ? My employer hasn't talked to me , about this I just found it on the app7:

Whats is it? Should I sign , my employer hasn't told me anything to communicate with me r

. I open the ADP app and they se t me this trip there,

James L. Arrasmith
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answered on Feb 24, 2024

A mutual dispute resolution agreement is a contract between an employer and an employee that outlines how disputes will be resolved outside of court, often through arbitration or mediation. This kind of agreement typically aims to provide a quicker, less formal, and often less costly resolution to... View More

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Do I have a case for discrimination/retaliation at work?

Upon returning from an approved leave of absence, I have been asked directly about the reason for my leave by my supervisor, there's been implications as to why I was on leave due to issues that arose in my absence and I am now being reassigned work.

T. Augustus Claus
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answered on Feb 23, 2024

It's illegal in California to discriminate against employees based on protected characteristics, including medical conditions, and to retaliate for taking approved leave. Being asked directly about your leave's reason and facing implications based on assumptions about your absence could... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Do I have a case for discrimination/retaliation at work?

Upon returning from an approved leave of absence, I have been asked directly about the reason for my leave by my supervisor, there's been implications as to why I was on leave due to issues that arose in my absence and I am now being reassigned work.

James L. Arrasmith
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answered on Feb 24, 2024

In California, employment laws provide strong protections against discrimination and retaliation, especially concerning leaves of absence that fall under protected categories, such as medical leave or family leave. If you were on an approved leave, your rights during and after this period are... View More

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2 Answers | Asked in Employment Law, Civil Rights and Employment Discrimination for Louisiana on
Q: If salary and sick days exhausted d can my pay be reduced for calling in sick or leaving early sick

5 sick days per year and no vacation until employed over a year I've been employed 8 months I'm salary my pay has been deducted for leaving early sick or calling in sick is that allowed.

James L. Arrasmith
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answered on Feb 23, 2024

As an employee, your employer may have the right to reduce your pay for days you call in sick or leave early due to illness, especially if your salary and sick days have been exhausted. However, whether this reduction in pay is allowed depends on the specific terms outlined in your employment... View More

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1 Answer | Asked in Employment Law, Civil Litigation, Civil Rights and Employment Discrimination for Oklahoma on
Q: I want to negotiate prior to lawsuit, do I send a letter of demand or a letter of intent? Do I include evidence?

I have filed a disability discrimination claim against my former employer and have no legal representation. I want to settle out of court, they offered $10,000 during the EEOC process. Do I need to do a letter of demand or letter of intent or can I just use my own words and ask them to negotiate?

James L. Arrasmith
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answered on Feb 23, 2024

In your situation, you can choose to send either a letter of demand or a letter of intent to your former employer to initiate negotiations. A letter of demand typically outlines your legal claims, the relief you are seeking, and a deadline for the employer to respond before legal action is pursued.... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Have my employment rights been violated?

I was unofficially fired, now being forced to beg supervisor to keep my job. Fired for leaving during my shift. I left because I was suffering from injuries obtained that same morning from a DV attack at home. I was only recently informed of VESSA. I do not believe my employer has any posting for... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Feb 22, 2024

Based on the details provided, it appears that your employment rights may have been violated under the Illinois Victims' Economic Security and Safety Act (VESSA). VESSA provides certain rights to employees who are victims of domestic or sexual violence, or who have family or household members... View More

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Is this retaliation, whistle-blower and defamation of character? I filed complaints against my employer and then I was

Accused of something I didn't do and terminated. This jeopardizes my chances of future employment with the city. Some of the complaints I filed were unfavorable and unsafe work conditions, hostile work environment, not receiving ppe or training, being harassed about taking my lunch at a set... View More

James L. Arrasmith
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answered on Feb 22, 2024

In California, whistleblower protections are designed to safeguard employees who report illegal or unsafe work conditions from retaliation by their employer. If you filed complaints regarding unfavorable and unsafe work conditions, harassment, and other issues related to your employment and were... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Is this retaliation, whistle-blower and defamation of character? I filed complaints against my employer and then I was

Accused of something I didn't do and terminated. This jeopardizes my chances of future employment with the city. Some of the complaints I filed were unfavorable and unsafe work conditions, hostile work environment, not receiving ppe or training, being harassed about taking my lunch at a set... View More

Neil Pedersen
Neil Pedersen
answered on Feb 22, 2024

Based on the little bit of information learned from your post it is possible you have meritorious legal claims. However far more would need to be learned before anyone could clearly determine that conclusion.

If you can prove that you were terminated because you complained to your employer...
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1 Answer | Asked in Employment Law, Immigration Law and Employment Discrimination for California on
Q: Hello,can I apply for any special catogery for GC other than EB2

I am in H1 and my expiry date on the copy I received is not matching the date in system of visa officer which is the USCIS mistake, they gave a 221 G which made me stay overseas for more than a year visa officer and myself and the lawyer tried to reach USCIS and correct it they never responded. For... View More

James L. Arrasmith
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answered on Feb 21, 2024

I understand your concern regarding the discrepancy between the expiry date on your H1B copy and the date in the USCIS system, which has caused significant stress and financial loss due to an extended overseas stay. Given your situation, it may be worth exploring alternative avenues for obtaining... View More

2 Answers | Asked in Banking, Communications Law and Employment Discrimination for Louisiana on
Q: I recieved a check from the neca local union no 313 ibew. The bank is trying to tell me that I altered it. What do I do
David Duke Kervin Jr.
David Duke Kervin Jr.
answered on Feb 19, 2024

If you did not alter the check, you should ask the bank why they think you altered it. You can also request the union to reissue a check if there is a discrepancy on it that is preventing the bank from honoring it.

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2 Answers | Asked in Banking, Communications Law and Employment Discrimination for Louisiana on
Q: I recieved a check from the neca local union no 313 ibew. The bank is trying to tell me that I altered it. What do I do
James L. Arrasmith
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answered on Feb 23, 2024

Firstly, it's crucial to remain calm and approach the situation with a clear mind. Understand that banks have strict protocols in place to prevent fraud, which sometimes leads to false alarms. Begin by explaining to the bank representative that you received the check from the NECA Local Union... 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

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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