Is it employment discrimination when a White woman with a black male supervisor is paid more than the supervisor? Is it racial discrimination, Gender, or both? Should I be compensated at a salary comparable to the white female who reports to me as their supervisor.
answered on May 8, 2023
Not necessarily. In the legal employment discrimination analysis, you compare yourself to employees in the same or similar position to your position, or performing the same duties as you. Those employees are called "comparator" employees. Also, if the person you are supervising has... Read more »
I work at a storage rental facility and a customer not only broke several of the rules but also indecently exposed himself to me and then grabbed/tried rubbing up on me afterwards. All my company did was make him move out three of his 5 units. I expressed to them how unsafe I feel when he’s... Read more »
answered on Apr 17, 2023
Sounds like the customer committed a crime, or more than one crime (and is there a video to prove it?). You can report it to the police to see if they will arrest the customer for indecent exposure, etc. - but you may want to run that by your employer first. If the employer would terminate you... Read more »
answered on Feb 26, 2023
If you're asking if you can sue simply because the termination was unfair or because it makes no sense, that reason alone is probably not sufficient to support a claim, other than a claim for Reemployment Assistance (unemployment comp) (if you qualify). In Fla., if you don't have an... Read more »
My daughter is being harras by 2 employees, from being bullied because of her race, given a task that such employees don't want to do, and getting yelled at in a degrading way being threatened to get fired if she complains. This situation has her anxiety and feels that even if she stands up to... Read more »
answered on Feb 10, 2023
If your daughter is being harassed or discriminated against based on her race, she needs to bring this to the attention of human resources and/or her direct supervisor. After the supervisor is on notice, they have a duty to either separate the employees from your daughter, or discharge them. If... Read more »
My neice inlaw is 26, she's 9 mo.s pregnant and has just been diagnosed with stage 2 breast cancer, her plan was to return to work as a teacher after 3 mo's. When she told her employer (a very highly prestigious private school in pbg, fl) that she may need a double masectomy, they asked... Read more »
answered on Jan 24, 2023
Whether your niece can take legal action on the issue of separating from the school depends on what she means by "they asked her to resign." Does it mean that they basically asked if she'd be WILLING to resign, with her having the option of saying, "No, I want to return to work... Read more »
I know that in EEOC discrimination cases, financial settlement is limited based on number of employees in the company. Can the company offer a higher settlement amount than the cap limit the law has set? Such as for a company under 100 employees, but more than 15, limit says $50k. Can the company... Read more »
answered on Dec 1, 2022
Offering more than they have to would certainly be surprising. Generally, a party that has rights under the law can voluntarily waive those rights. That is a general guideline I am giving you, not a legal opinion for your particular situation, as I could not be certain of the answer to your... Read more »
In the State of Florida can an employer terminate you for asking to speak with higher management? Also if you're in a sober living program can they contact the program to try to get personal information on you. Also can they yall and berate you every day. Can I sue based on these issues? Do I... Read more »
answered on Nov 27, 2022
Yes, yes, yes, and yes, your employer can do all these things and much more. Why?
Because Florida is an “at-will” state. Private employers are free to solicit, hire, promote, increase their pay, demote, lower their pay, suspend, terminate, rehire, reinstate benefits and treat employees... Read more »
I work at a Twin Peaks restaurant in South Florida which requires me and my fellow servers to wear tight jean shorts for our shifts. I and the majority of my coworkers routinely develop yeast infections from the hot climate, tight shorts, and fast-paced nature of a server position. I believe these... Read more »
answered on Oct 10, 2022
In theory, yes. Essentially, you would be seeking medical or lost wage benefits. Damages such as pain and suffering are not available in Florida Workers' Compensation cases. However, it may be difficult to meet the standard of proof required by Florida Workers' Compensation law. The type... Read more »
The restaurants are different concepts. Different rate of pay and duties. Refuses to hire more people. And this employer is also not paying the girls overtime. They also are never given pay stubs. The owner also recently refused to give her the insurance company's name for a workers comp... Read more »
answered on Sep 20, 2022
Yes, unless she has a written employment contract that dictates where she works, the employer can tell her to relocate. In Florida, employees work (serve, in this case) at the employer's pleasure.
The restaurants are different concepts. Different rate of pay and duties. Refuses to hire more people. And this employer is also not paying the girls overtime. They also are never given pay stubs. The owner also recently refused to give her the insurance company's name for a workers comp... Read more »
answered on Sep 20, 2022
Your daughter should schedule a consultation with an employment lawyer in her geographic area. Can an employer tell an employee to work at another location or instead me terminated? Usually, yes, because in most circumstances, the employer does not need a reason to terminate. However, you raise... Read more »
Although a different department wanted to higher my colleague, which would have been a promotion for her, the supervisors in my colleague's current department told them not to hire her because they were currently short staffed in their department and didn't want her to leave. The staffing... Read more »
answered on Aug 3, 2022
Sure, it's legal, PROVIDED that the reason given for denial of promotion is not a pretext (that is, a fake reason) to mask an unrevealed reason that is prohibited by law, such as the laws prohibiting certain types of discrimination and retaliation.
answered on Jul 11, 2022
Your inquiry is not very understandable about the facts of the situation (such as, is the general manager the boyfriend of the "someone" or boyfriend of the district manager?), but, in any event, if you're talking about a private company, no law requires it to have some logical... Read more »
I just felt discrimina the company in Dunking Donut as employees by coworkers and is not the first time I have to go through this, is full company likely Miami Grill and Chipotle and McDonald's and Charly Restaurant.. but my consent is Dunking Donut where I was hired of the month April 27... Read more »
answered on Jun 3, 2022
It sounds like you are wondering if an employer is illegally discriminating against you by hassling you about your work speed. The only way that this might possibly be a legal issue is if you have a disability that the employer was made aware of, and you are able to competently work for that... Read more »
Department. Is there any recourse? On top of being targeted for other mitigating circumstances. Do I have a leg to stand on? Should I file an EEOC complaint or retain an attormey?
answered on May 20, 2022
If you feel you have been discriminated against by the actions of your employer because of your race, age, gender (including sexual harassment), sexual orientation or national origin, religion or marital status, pregnancy, or because you have a disability or feel you have been retaliated against... Read more »
My friend who is currently going through chemotherapy was apparently suspended without pay from the company we work for because they allegedly cited he smelled like alcohol when apparently he didn't and he was suspended for also taking medication .
answered on May 11, 2022
Florida is an at-will employment state, meaning that workers can be terminated at any time and for any reason (or no reason at all). However, if your friend suspects he was targeted for termination based on his medical condition, he should speak with a Florida employment attorney about disability... Read more »
My neighbor is a ex employee
answered on Apr 28, 2022
Depends on if the REAL reason for not hiring is discrimination based on one of the protected classes under the law, such as race, color, sex, age, religion, national origin, handicap, and some other categories. While there is usually no way to get hard proof of the real reason outside of... Read more »
Which left me traumized and suicidal not wanting to be around others anymore
answered on Apr 11, 2023
Were these statements made to a third party? Reach out to counsel for a full review of the facts. You may have a case.
I was hired by a federal agency and invited for two weeks of training. I got infected with COVID on the third day of the training. They provided a hotel for quarantine. I could not receive the adequate medication that I needed from ER. The PCP advised me in Florida to travel from GA to have a... Read more »
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answered on Mar 2, 2023
It's possible that you may have a case if your termination was discriminatory or in violation of federal law or agency policy. The EEOC investigates complaints of employment discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information, so if you... Read more »
Went on leave a absence from Walmart i was fired because they didn't communicate with sSedgwick company
answered on Feb 22, 2023
I'm sorry to hear about your experiences with Walmart. I'm an Illinois attorney and handle federal employment discrimination cases and violations of federal laws. I've helped Walmart employees with this exact issue, usually by filing a federal charge of discrimination based on... Read more »
I live in Florida and I am curious what background reporting regulations may be (Google has too many different answers to be sure what is correct).
Almost 10 years ago, when I was barely 18, I was arrested for a couple of felonies and a couple of misdemeanors. All of my charges were either... Read more »
answered on Dec 14, 2022
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