I have 6 felonies4 of witch are sexual no convictions or arrests since 2008 no trucking company will touch me and iv had several of them tell me blatantly that I am disqualified from employment for my offenses
answered on Nov 23, 2022
The EEOC investigates claims of unlawful employment discrimination. It has published a guide on how and when employers may use a job applicant's arrest and conviction record to screen applicants. This guide is focused on when using this information to screen job applicants constitutes... View More
I submitted an ADA request to my employer. They approved it based on a doctor's recommendation without consulting with me. I did not agree to the accommodation approval as it did not accommodate my situation because I have a special needs newborn in and out of the hospital and I need to be... View More
answered on Nov 22, 2022
Whether an employer has made reasonable accommodations to enable a qualified individual with a disability to perform essential job functions or to have the same privileges as employees without a disability without undue burden on the employer is a fact intensive determination. There is no way of... View More
I submitted an ADA request for a 3 day a week with a part-time schedule to my employer signed by a doctor. I'm a 4x combat veteran and have a special needs newborn so I have to make it to appointments.
The employer received the request and approved 4 days based on my doctors... View More
answered on Nov 17, 2022
There is something missing in the way you have phrased your question.
What you wrote is that you submitted a request for an accommodation with a doctor's signature, and your employer approved it based on your doctor's recommendations.
That is a textbook example of an... View More
I have a lot of documentation on situations and incidents stating back in September of 2021 started documenting the beginning of 2022 in regards to retaliation from management and all shapes and forms what can I do is start to become intolerable to work
answered on Nov 4, 2022
Retaliation is a recognized cause of action in discrimination cases. Maintain a detailed log or diary of your managers’ actions toward you. Then bring it to the lawyer who handled the prior discrimination claim that you think your managers are retaliating against you for. If you can’t bring... View More
The opposing party early in the case file a FRCP 12(b)(6) to dismiss stating the I failed to state a claim for relief, I didn't exhaust my administrative remedies for EEOC. So, I survived that now the opposing party is coming under v. FRCP 12(c) almost a year later regarding the pleading. He... View More
answered on Mar 21, 2024
While the two are equivalent and are subject to the same standard, there are some subtle differences. For example, a 12(b)(6) motion only considers the allegations of the plaintiff's pleadings. A 12(c) motion also considers the allegations of the defendant's pleadings and the court can... View More
Woman EVP excluded from "leadership" parties, meetings, anything in upper management areas at company. Yet she is a top producer over the other "executive team members" Futher- demoted to work under less qualified people and forced to train them. This includes training 50% of... View More
answered on Dec 22, 2023
If the executive is being treated differently because of her biological sex, that may constitute illegal employment discrimination under both state and federal law.
I applied for part time employment at an NTB location in texas and was told that by company policy they only hired students for part time employment
answered on Dec 7, 2023
There is no law which prohibits such a company policy on a general basis; however, if you have a disability that limits you to only working part-time, it may constitute unlawful employment discrimination because of your disability.
Because while I was in another state. Where I don't live or work. That drug test was given to dhs and my kids where interviewed , and then when I got out Hospital. I returned to work just to be fired. Cause my job had got referral from dhs . And they said I was fired cause the drug test from... View More
answered on Nov 9, 2023
It depends upon your former employer's drug policy and, most likely, on what drug you tested positive for.
My HR Director and I have had issues in the past, but most recently I received my Annual Evaluation where my direct supervisor gave me glowing remarks and I was to receive the top rating, but the HR Director refused to sign off on it and demanded that my supervisor lower the rating to a "Meets... View More
answered on Oct 31, 2023
If the hostile environment is based on race, color, religion, sex, national origin, age (over 40), disability, or genetic information, it may give rise to a legal cause of action. In that instance, you should contact an attorney. Otherwise, it may simply be an internal HR matter
answered on Aug 27, 2023
They cannot fire you for being injured or for making a worker’s compensation claim.
answered on Jun 12, 2023
Most lawsuits involve incident that happened in the past. But there is a statute of limitations which may be a defense to a lawsuit if the events occurred too long ago.
It's the way they are going about it and it's not feeling right at any angle...Yes they did know about my previous health and just after all these years being employed is this legal !
answered on Jun 9, 2023
The answer to your question heavily depends on whether you are still capable of performing all your essential job functions.
Depending on the size of your employer, you may have FMLA options.
What can I do if my job pulled me to the side and decided to terminate me due to “making negative comments of management “ without a write up, warning or any type of notice nor proof. After asking for a termination letter with a statement of why, HR agrees and doesn’t include the reason in... View More
answered on May 3, 2023
If you have an employment agreement that expressly limits the grounds on which your employer may terminate your employment, you can possibly sue for breach of contract if your employer terminated you for reasons not encompassed within your employment agreement.
My employer forced me to get the COVID-19 vaccination as a condition for hire. I had inquired if there was any other way to get hired without having the COVID-19 vaccination and I was informed that there was not. I had found out later that there were exemption forms for existing employees after... View More
answered on Apr 27, 2023
Under Texas Executive Order GA-40, the only penalty for an employer requiring an employee to receive a COVID-19 vaccine is a fine of $1,000 under Texas Govt' Code Section 418.173. It does not create a private cause of action that you can sue under. Moreover, you have not suffered any... View More
But I worded it differently . The guess over heard and was offended. I went to the guest and reinterated that when I said it I was asking it like a question . The coworker said Lokk at the baddy with a fatty , I said not a baddy with a fatty. However the quess accepted my apology. Later on that... View More
answered on Apr 21, 2023
You do not mention any facts that suggest unlawful employment discrimination on the basis of race, color, religion, sex, ethnicity, age, disability, or pregnancy.
I was terminated yesterday, with the stated, "criminal charges and have violated ethical standards set forth by the Behavior Analyst Certification Board (BACB)". I do not have any criminal charges, and informed the BACB of the arrest, to which they responded no ethical violation was... View More
answered on Apr 8, 2023
Without knowing what you were arrested for, it is not possible to form an opinion as to whether this incident meets that particular provision.
As a licensed professional, you should have a written employment agreement that clearly delineates the circumstances under which your employer may... View More
I live in Texas and the company that employees me was bought by a company based out of Canada. They also bought other similar companies and merged us to together, and based our managers out of Mexico. I have asked for a raise 2 years in a row and both times was told "you make more than your... View More
answered on Mar 31, 2023
It is definitely discrimination but that does not necessarily mean it is unlawful discrimination.
Employment discrimination is unlawful if it is based on your being a member of a protected class, for example race, color, creed, ethnicity, sex, disability, or age.
They take my insurance in February and they fired me March and also I thing they.broke the rules and they have alot favoritism I work for 20 uears6
answered on Jan 10, 2023
It is difficult to understand your question, but if you have been discriminated against in some way you may have a claim. I would need to learn more.
I worked remotely and did not inform my manager. This has never been a part of policy or an issue for the 5 years working for this company -- There is still no officially stated policy for doing so. My manager was personally upset I wasn't in the office and that I did not reply to their email... View More
answered on Jan 10, 2023
This may be a breach of contract. I need to read your contract. Also, I am finding that employers are violating certain laws based on mandated pay polices. I am working on an issue like this now.
I just got fired from my city's probation department, I was a county clerk. This is a small town in Texas , the issue is that too many people reconzied me , they essentially fired me because I knew too many probationers, that's her words.. is this age discrimination? The only reason I... View More
answered on Dec 20, 2022
No.
An essential part of an age discrimination claim is that you are age 40 or older.
Your question states you are in your mid-twenties.
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