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Questions Answered by Eva Zelson
2 Answers | Asked in Employment Discrimination and Employment Law for Oregon on
Q: Should I consult an employment attorney before signing a separation agreement?

My position was "eliminated" under unusual circumstances. I lost my mother in March and sister in September. Despite this, I did my best to continue working. My employer started outsourcing my work even though I was managing the load and delivering on my goals. I was offered 2 mos.... Read more »

Eva Zelson
Eva Zelson
answered on Nov 10, 2022

It is always good advice to have an employment law attorney review any agreement with your employer before signing it. As you suggested, the attorney can offer an assessment on the agreement and if what they’re offering you is fair, and perhaps negotiate more favorable terms on your behalf. It is... Read more »

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2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for Michigan on
Q: Can I get legal aid to recover damages due to disability discrimination and ADA violations by the City of Detroit.

I used to work for the City of Detroit, I had two emergency surgeries in May 2020, one to amputate my left foot and another surgery the next day to amputate my left leg below the knee due to contracting a flesh-eating bacteria that was progressing rapidly and was life threatening.

I was... Read more »

Eva Zelson
Eva Zelson
answered on Nov 10, 2022

You may be able to work with an employment law attorney on a contingency basis, meaning that if you win the case or are able to settle, the lawyer's fees come out of the money awarded to you, but if you lose in court, you don’t owe the lawyer any fees. You may have a case that a... Read more »

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2 Answers | Asked in Civil Rights, Constitutional Law and Civil Litigation for South Carolina on
Q: I’m curious on if i can take legal action for a situation that happened to me.

I rented a Uhaul truck from a facility and paid for it in full, and then on my drive home I was followed by police, pulled over, and then had 6 cop cars swarm me and demand i get out at gunpoint. I was detained, placed into handcuffs, read Miranda rights, and then told the truck was stolen. I did... Read more »

Eva Zelson
Eva Zelson
answered on Oct 20, 2022

False imprisonment occurs when an individual is wrongfully held in custody. However, if you are arrested based on evidence, even if it is later revealed that the evidence was incorrect and that you are actually innocent of the accused crime, you probably do not have a claim for false arrest because... Read more »

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2 Answers | Asked in Civil Rights, Employment Law, Workers' Compensation and Civil Litigation for California on
Q: California, Reasonable Accommodation request for a known disability to the company. 6month no response. Case value?

Degenerative Disk Disease/ Plantar fasciitis in the left foot workers comp award was made in favor of

the employee in 2010 for the foot. The employee has been there 25yrs his age is 56 Latino male is this a strong case under the ADA laws, Federal, State, and local? The employee feels like... Read more »

Eva Zelson
Eva Zelson
answered on Oct 20, 2022

Employers are required to grant reasonable accommodation requests from employees with documented disabilities as long as the accommodation doesn’t cause undue hardship on the employer. It seems reasonable that the employer would respond within six months, however, more information is needed.... Read more »

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2 Answers | Asked in Employment Law and Libel & Slander for Florida on
Q: Wondering if I have a case for false accusations ,defamation of character and retaliation. I was terminated from work.

Was unable to defend my character as my new hired ED had terminated my position prior to a meeting set up that I sat for nothing. Their decision was already made. Executive Director stated she had documented proof of allegations of me bullying , threats made to staff and rumors and gossiping. I ask... Read more »

Eva Zelson
Eva Zelson
answered on Sep 23, 2022

It sounds as if you may have been fired in retaliation, but more information is needed. You mention information you learned some information you “shouldn’t have.” Does this relate to illegal activities or activities against company policy that could get management or co-workers in trouble? If... Read more »

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3 Answers | Asked in Employment Law for California on
Q: Hello. I’m seeking advice on religious exemption from employers’ vaccination requirement for employment in California.

Currently, I’m in the process of being hired by an airline. According to the airline, “Where permitted by applicable law, must have received or be willing to receive the COVID-19 vaccine by date of hire to be considered for a U.S.- based job, if not currently employed by XXXXX Airlines. ”... Read more »

Eva Zelson
Eva Zelson
answered on Sep 23, 2022

When an employee requests a medical exemption or accommodation, it is commonplace for an employer to ask for verification of the specified medical condition, including documentation from a doctor. Similarly, in the case of a request for a religious exemption, the employer may ask for documentation... Read more »

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2 Answers | Asked in Employment Law for Missouri on
Q: can a warehouse make you wear a ponytail if you don't work around or pass thru any machinary
Eva Zelson
Eva Zelson
answered on Sep 23, 2022

Unless the employee can prove that wearing their hair loose represents religious expression, then yes, the employer can make rules mandating ponytails in the warehouse, especially since this is likely a rule in place with everyone’s safety in mind. When employees wear their hair or facial hair in... Read more »

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3 Answers | Asked in Employment Law for Florida on
Q: Do I have a legal recourse for being fired from my job while I was on leave? I was with my father while he was in ICU.

I was employed with my employer for about 5 months. During my time there I was constantly being harassed by other employees then being called into HR and accused of the same. Last week, I went on emergency leave to go up to TN because I found out that my father was having heart surgery and was in... Read more »

Eva Zelson
Eva Zelson
answered on Aug 28, 2022

More information is needed. Was there any basis for the harassment you received from co-workers? Was it based on your status in a protected class, like race, religion, age, sex, national origin, or disability? If this is the case, and you were fired in retaliation for reporting the harassment, you... Read more »

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3 Answers | Asked in Employment Law for California on
Q: Do I have a legal right for back pay if my employer hired me at full-time 40hrs, but has never given me 40hrs?

I work home health in which hours are generally dependent on pts consensus, but that is not specifically stated in my contract. My contract says full-time, and HR has specifically stated full-time is 40hrs.

Eva Zelson
Eva Zelson
answered on Aug 28, 2022

Unless you have a contract with your employer that specifically stipulates that they will pay you for 40 hours a week, you likely cannot pursue unpaid wages in this case. While many people think of a 40-hour work week as full time, as few as 32 hours per week can be considered full time. In... Read more »

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Q: My current employer is asking me to sign an updated restrictive covenant covering idea’s and patents.

My current employer is asking me to sign an updated restrictive covenant covering idea’s and patents.

I am concerned because, outside of my current employment. And outside of my current employers scope of business. I wish to pursue several patents.

The wording of this document... Read more »

Eva Zelson
Eva Zelson
answered on Jun 13, 2022

It is always a good idea to have an employment lawyer review any contracts with your employer before you sign them. After reviewing the fine print, the employment lawyer can advise you whether to sign the updated document, or ask for modifications. Best of luck!

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: A co-worker, through text messages, stated my belief as a Jehovah's Witness was "ridiculous" what should I do?

HR was notified and investigation is being conducted, however, the person involved is in a "senior" position. Kind of like supervisory and someone who calls other's religious beliefs "ridiculous" should not be in such a position. What should I do? This company is also a... Read more »

Eva Zelson
Eva Zelson
answered on May 12, 2022

The most important question here is was this an isolated incident, or this one part of a larger pattern? While this is not the exemplary behavior we’d expect of a person in a supervisory role, if it’s an isolated comment, it’s not necessarily illegal. To be considered religious discrimination... Read more »

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4 Answers | Asked in Employment Law and Personal Injury for California on
Q: If my employer allows a student to enroll on campus, despite my reported assault incident, can I sue my employer?

I work at a private, for profit vocational school, and I was assaulted by a previously enrolled student on campus. I reported the incident to my supervisor and superiors, and I am afraid that they will end up reenrolling the student sometime in the future. I requested that the student, who hit me... Read more »

Eva Zelson
Eva Zelson
answered on Apr 22, 2022

You did the right thing in reporting the incident to management. However, the school does not have to honor your request not to re-enroll the offending student. If they do re-enroll the student more information is needed. Is your employer taking steps to keep you out of harm’s way despite... Read more »

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can an employer require you to speak English at all times even during private conversations among coworkers?

My job recently implemented an English-only rule. I work at a fast food place and while English is the language most spoken by our employees, we do have quite a few employees who speak only speak Spanish. Is it legal to require them to speak English at all times while on the clock? Management says... Read more »

Eva Zelson
Eva Zelson
answered on Apr 22, 2022

An English-only policy is illegal unless it is enacted for the safety of employees and customers. If such a policy applies to conversations outside of customer interactions as you describe, you may have a case for discrimination on the basis of national-origin. Schedule an appointment with an... Read more »

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2 Answers | Asked in Employment Law for California on
Q: I made a decision to retire based on information given me by the Retirement Center that I was eligible for retirement.

Apparently they say two months post retirement that I lack .40 in time in order to have meet healthcare benefits eligibility. I would not have made the decision to retire knowing this was the case. I would’ve continued working. However, I was informed that I met eligibility requirements. I have... Read more »

Eva Zelson
Eva Zelson
answered on Mar 24, 2022

More information is needed here. Is the “retirement center” part of the human resources department at your former employer, or somehow affiliated with the company? If you’ve got it in writing from your employer that you were eligible for healthcare benefits upon retirement, it seems like the... Read more »

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2 Answers | Asked in Employment Law for Arkansas on
Q: Employment lay off after paid relocation a month earlier

I am curious if there is any recourse for uprooting my life then being laid off due to restructuring. I was rushed to move and employed for a month before being laid off. I was offered two months severance and didn’t sign as it doesn’t cover my expenses or having to relocate again. Per... Read more »

Eva Zelson
Eva Zelson
answered on Mar 24, 2022

You did the right thing in taking time to review the severance agreement before signing. Ask an employment attorney to review the relocation contract (and the severance package) to see what recourse might be available to you. Perhaps there is some negotiation room in the severance package... Read more »

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2 Answers | Asked in Contracts and Employment Law for North Carolina on
Q: Would a lawyer be willing to review my exit documents from a company post termination to make sure they're legit?

I was terminated from my job in NC which is a 'work at will' state. I don't have enough proof in writing to dispute the termination but I do want to have the exit documents reviewed to make sure I'm not screwing myself. It looks like I have to sign their exit documents to get my... Read more »

Eva Zelson
Eva Zelson
answered on Mar 24, 2022

It is always advised to have an employment lawyer review any documents from your employer before signing them, especially severance packages. An employment attorney can review the lengthy document and “translate” it into layman’s terms for you, and advise you on next steps. Best of luck!

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3 Answers | Asked in Business Law, Employment Discrimination and Employment Law for Nevada on
Q: My company wants to change my contract, do they have to give me written notice that they are changing it?

I have been working at my company for over 6 months and now they are trying to cut my pay in half, and even more than that and expecting me to take on more responsibility. And say I have till Monday to sign it or I cant come back to work. Is this legal? Can they do this with no prior notice???

Eva Zelson
Eva Zelson
answered on Feb 10, 2022

If you are a contracted employee, as opposed to an at-will employee, your employee must honor that contract for the length of its term. Do not sign a new contract before an employment lawyer has reviewed it on your behalf! However, if you are an at-will employee, your employer may change the terms... Read more »

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2 Answers | Asked in Employment Discrimination, Employment Law and Public Benefits for Oregon on
Q: If I leave my job due to harassment, intimidation, bullying, because nothing was done, can I still get unemployment?

I've been working at my current position for over a year now. I am constantly bullied, harassed, and intimidated by coworker and a higherup. I have reported this several times, but nothing has been done. When I have had meetings to explain why I feel I am being treated poorly, it is blamed on... Read more »

Eva Zelson
Eva Zelson
answered on Feb 10, 2022

If you have not done so already, report your experiences to the HR department, and document their response, if any. You have the right to work in an environment that is free from harassment and bullying. Before you leave this job, meet with an employment lawyer to discuss your case and to see if... Read more »

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2 Answers | Asked in Employment Law for North Carolina on
Q: My previous employer has not paid my wages that was owed to me on January 28, 2022. What can I do?

He says, I have to sign a document and return company property in order to get my paycheck. He also still owes me another (my final) paycheck.

Eva Zelson
Eva Zelson
answered on Feb 10, 2022

It is always advised to have an employment lawyer review a contract in a situation like this before signing it. Contact an employment lawyer to review the document, and to discuss pursuing back wages if your employer is improperly withholding them.

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2 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Georgia on
Q: Can my employer legally pay vaccinated workers to quarantine and not pay unvaccinated?

They are requiring unvaccinated employees to use vacation / PTO & paying vaccinated employees without having to use their PTO / Vacation time. Keep in mind that the quarantine rules are the same regardless of vaccination status, 5 days for exposure and 10 days for a positive Covid test.

Eva Zelson
Eva Zelson
answered on Jan 13, 2022

Employers are legally only required to pay employees for time worked. Allowing vaccinated employees to quarantine without using vacation time is perhaps an incentive the employer is using to encourage Covid vaccination among its employees. While this policy may seem unfair considering getting... Read more »

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