I’m pregnant and I’ve been off for 6 weeks now, originally my doctor asked for light duty which my work said there’s no such thing. I am a head cook in a senior living center. So everything is heavy. That being said my doctor took me off. I’ve received 5 pay checks from the insurance... View More 
answered on Feb 19, 2018
They can't require you to come back if you are out on pregnancy leave. It can be perceived as a form of sex based discrimination based on your pregnancy. In addition, your employer is required to accommodate you if you are pregnant and you ask for certain accommodations. More information is... View More
Most of the coworkers did. The two weeks I was there I felt discriminated against because she would complain about my dressing or my hair. She emotionally put me down because she would constantly put me down in front of the other co workers, she even implied I had attention deficit disorder at one... View More
answered on Feb 18, 2018
What basis do you believe she discriminated against you for? (i.e. race, sex, national origin, sexual orientation etc.)
I am 55 and was just laid off, I worked there 25 years, Can I apply for workers comp now? Age discrimination?
answered on Feb 17, 2018
There could potentially be a claim for age discrimination as well as workers comp violations. Consider a consultation for an assessment.
I was released from my job after 3 years and 3 months After a few days without any warning I was brought into the office. In my first meeting ever held with the supervisor and HR my medical condition was asked and I stated my condition which the company knew of for many years. In which they negated... View More
answered on Feb 16, 2018
Contact for a consultation to determine your rights. Did you ask for an accommodation? It’s unlawful to terminate an employee if they have a disability or a perceived disability under the ADA and NY laws.
Why would I be sent to talk to an attorney? Are my rights in any way compromised, because its not a case at this point. I have spoken at length with them previously.(HR).
This is their attorney, I am the one with the complaint. Hence why I am asking, for myself. Should I have an attorney?... View More
answered on Feb 15, 2018
Are you being investigated for racial bias complaints made against you or are you the one making a complaint? Generally, if you're the one making a complaint, you shouldn't speak with an attorney representing your employer without consulting an attorney of your own first. Further... View More
I am a freelance worker. I provided services for a media company on Nov 14 + 15 2017. I have a contract with a net 60 payment. I have emailed the company a few times regarding this payment and they say that their client has not paid them yet so they can't pay me. This is beyond my contract... View More
answered on Feb 8, 2018
You are absolutely covered under the Freelance Isn't Free Act and if successful, they have to pay double damages and your attorney's fees. Consider a consolation so your potential case may be assessed.
employer prior to suing them. What if it's someone in HR who's harassing me and I don't feel safe doing that though?
answered on Feb 7, 2018
Not necessarily. The FE defense is for the employer to prove that they have the means in place to make a complaint but that does not mean that it precludes you from suing. In addition, that defense can be easily overcome in NY State law and NY City law against sexual harassment. You can make the... View More
I am an exempt full-time employee and my employer has rolled a part-time non-exempt job into my current job. The hours for the non-exempt range from 5-30 per week and consist entirely of data entry. So my overtime is sometimes extreme, but no pay is received because this is now considered part of... View More
answered on Feb 5, 2018
Your exemption depends on a number of factors which include your responsibilities, title, supervisory duties etc. Some employers misclassify employees as exempt and have them do non-exempt work which is violation of the FLSA. To determine your status, further information is needed about your... View More
I've gone to work everyday for almost two months, as if I have a target on my back. I've repeatedly gone to my immediate supervisor, and have reported the harassment with no rectification from any source. This has all stemmed from issues with a fellow employee. After months of being... View More
answered on Jan 26, 2018
More information is needed to determine your options. Consider a consultation.
I also work at least 48 hours a week if not more and am not paid for overtime.
answered on Jan 25, 2018
You’re employer is required to pay you overtime for any hour over 40 in a workweek as well as spread of hours pay for each day in which you work more than 10 hours. Consider a consultation to determine if you qualify to be paid overtime in your position.
Latin Caribbean transman fired by a Caucasian female without coherent reason. Boss never gave me information about Human Resources and fought me against paying for Unemployment Insurance. In a company predominantly white/heterosexual I was often berated and degraded as a sale associate by... View More
answered on Jan 25, 2018
You certainty have the right to do so and shouldn’t be subject to such conduct.
in the store policy manual it says workplace relationships are okay as long as the manager knows about it which she does. recently in another store, a key holder was transferred to another store for being in a relationship with someone that worked there. that person is now suing my district manager... View More
answered on Jan 24, 2018
Are you the person that is in a relationship? It's unclear from what you wrote. If you participated in the investigation for the lawsuit - then you are considered to be in a protected class and your employer is prohibited from retaliating against you. Further information is needed via a... View More
Cause she dont like wine she was suspended for 2 days and than terminated on the 13rh of January she entered a detox center and is rehab now for 30 days was never asked if she had a problem
answered on Jan 23, 2018
Alcoholism may be considered to be a disability. If that’s the case, she may potentially have a claim for disability discrimination. More details are needed to make an assessment.
employer?
answered on Jan 22, 2018
Sexual harassment can be in all forms from comments to touching to assaulting. If you believe you have been subject to sexual harassment, contact for a consultation.
sexual harassment if I'm being harassed by someone who isn't my supervisor?
answered on Jan 22, 2018
Absolutely. Sexual harassment does not necessarily have to be by your supervisor, it can be from any employee and there is conduct that would constitute sexual harassment from comments to touching. A consultation is worthwhile to discuss you me options.
I was just fired from my job for the hours not working out it was fine for two and a half years now there was a promotion and a new boss is higher and he said that the hours were not working can I do anything is it a good reason to fire me can I do anything
answered on Jan 18, 2018
We need some more information to determine what exactly happened and possible causes of action. Consider a consultation.
I was just fired from my job, for the hours not working when -for 2 1/2 years it was fine but now all is different. But the company is doing many things wrong like , 98% of the employees smoke weed before and during work hours, some also drink. And this company operates tractor trailers. The boss... View More
answered on Jan 18, 2018
You can speak to a lawyer for a consultation. Sounds like there is a lot going on and you may have a claim.
I have recently been diagnosed with a skin condition that causes a musty Oder. My manager and her team know it’s an issue. They sent me home today because someon complained. Is that legal? If not what can I do about it?
answered on Jan 18, 2018
If it's a diagnosed disorder, your employer's conduct may be considered to be discrimination under the Americans with Disabilities Act (ADA) and prohibited. They are required to give you a reasonable accommodation so long as it is not an undue burden. Are they still paying you for the... View More
1. I am the only Hispanic woman at the company (employed 15 mos). There are approx 12-13 total employees.
2. All female employees are of Asian ethnicity and are allowed to wear jeans etc. everyday Mon-Fri.
But only I was verbally prohibited from wearing jeans, even on "Casual... View More
answered on Jan 17, 2018
You may potentially have a case. Seems like the circumstances need to be discussed further. A consultation may be worthwhile.
I drive doing delivery for Ashley furniture and others.i get paid by the contractor the owner of the truck.i am responsible to park the truck and pay out of my pocket,sometimes he had made me drive all the way to the company and tell me there's no work.but when they tell me go home I do and... View More
answered on Jan 17, 2018
It's not right for them to do that if you are not truly an independent contractors. Are you paid by a W2 or 1099? Also, you should not have to pay out of pocket for your expenses. I think a consultation may be worthwhile.
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