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Questions Answered by Eva Zelson
4 Answers | Asked in Employment Law for California on
Q: i need advice on EEOC matter ,Do i need a attorney now? or wait till eeoc runs its course and gives me my right to sue

letter and get attorney at that time?

Eva Zelson
Eva Zelson
answered on Feb 23, 2024

You do not need to wait for the U.S. Equal Employment Opportunity Commission (known as EEOC) to grant you a right to sue letter before hiring an attorney. In fact, an employment law attorney can advise you through the EEOC process from start to finish. Experienced employment lawyers can offer... View More

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3 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Are there any legal resources that can help me write an email asking for reasonable accomodations for depression?

I was recently diagnosed with depression which I think has been caused to chronic no lunch breaks at work , work stress from being understaffed but I call legal offices and only get as far as talking with the receptionists that do intakes who tell me to write email to HR but I feel I need help with... View More

Eva Zelson
Eva Zelson
answered on Feb 23, 2024

Your employer is obligated to engage in good faith negotiations with you to find reasonable accommodations for your condition. But first you must make the request. It is likely that the HR department will want to see some sort of documentation from a medical professional backing up your requests,... 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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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I am returning to work from medical leave. I have accommodations. I’m not being scheduled by my job title is this illega

My job title is senior shift supervisor. My job role was protected during my leave. However, my supervisor does not believe that my accommodations will allow me to do my normal job and I’m not being scheduled for that thus I’m only getting nine hours a week maybe

Eva Zelson
Eva Zelson
answered on Nov 23, 2023

FMLA protections allow you to return to the same job, or a reasonably equivalent position. You do not say whether you worked full time or part time before beginning your medical leave, but working 9 hours per week is likely a big reduction in scheduled hours, which is problematic. Also, employers... View More

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2 Answers | Asked in Constitutional Law, Employment Law and Employment Discrimination for Illinois on
Q: I was told in March of 2023 I needed to provide proof i did not have a disability or that I did however I never requeste

I never requested special accommodations and was let go for failing to provide proof iwas not a harm to myself or others

Eva Zelson
Eva Zelson
answered on Nov 23, 2023

If no accommodation was requested and there is no safety issue implicated, your employer has no basis for requesting proof that a disability does or does not exist, which in itself is disability discrimination. Contact a disability discrimination lawyer to discuss the evidence in your case and to... View More

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2 Answers | Asked in Contracts, Employment Law and Arbitration / Mediation Law for Oklahoma on
Q: My GrubHub delivery driver account was deactivated this year. I can't get any specific reason why from the company

My GrubHub delivery driver account was deactivated May of this year. I was on the platform for about a year and did over a 100 deliveries and even earned an upgraded insulated catering bag for the milestone. Then just like a week or two later my account was deactivated. I didn't have any... View More

Eva Zelson
Eva Zelson
answered on Oct 20, 2023

Like brick and mortar employers in at-will states, employers in the gig economy generally exercise the right to terminate relationships with employees for any reason or for no reason at all. The exceptions would be if you have a contract that designates terms and conditions for your service for... View More

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Q: Hello, What should I do when employee refused to provide me a chair even with a doctor’s note? Thank you.

I am having back and shoulder pain. I have to stand for 10+ hours for my shift sometimes.

Eva Zelson
Eva Zelson
answered on Oct 20, 2023

Does your company have a formal process for requesting an accommodation for a disability, and did you complete it? A doctor’s note is part of the process of requesting an accommodation, but perhaps your employer sees your request as a preference to sit, rather than a formal request for a... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for New York on
Q: My employer is sending me a termination letter while I am on FMLA / NYPFL for my newly born child. What do I do?

I would like to know my rights since FMLA should have job protection and what steps to take

Eva Zelson
Eva Zelson
answered on Sep 26, 2023

While FMLA is intended to provide job protections for those using it to take care of a newborn or other family member with a serious medical condition, it does not completely guarantee that you will have a job to return to. While you cannot be terminated because of your use of FMLA leave, you may... View More

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3 Answers | Asked in Employment Law for Missouri on
Q: Is there anything that can be done if you find out you are being paid under your HR job pay scale?

I submitted my request for my job pay scale and found I was below the minimum. When I escalated it up, I was told they have no time frame to increase. Do I have any case or just cut my losses and leave?

Eva Zelson
Eva Zelson
answered on Sep 26, 2023

There may not be any legal recourse, but if you are a member of a protected class, including race, religion, national origin, age, sex, gender identity, or sexual orientation, it may be worth questioning why you are paid less than the published pay scale. If you have suspicions, consult with an... View More

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3 Answers | Asked in Employment Law for Florida on
Q: who can I hire to review my employment contract, specifically my non-compete clause?
Eva Zelson
Eva Zelson
answered on Sep 26, 2023

It is always a good idea to have an employment lawyer review any kind of employment contract before you sign it. Contact an employment attorney to review your options whether you’d like to review the non-compete clause before you begin a new job, or to review the possible consequences of breaking... View More

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3 Answers | Asked in Employment Law for California on
Q: My employer is paying me less than California minimum to pay an exempt employee. How do I go about this?

I never signed any paperwork that on how I would be paid or how much. Everything was verbal and I was told I was an exempt employee. However I am making less than the minimum required by CA. I want to know how to go about this as I am still employed. Would I be owed backpay? Could I be fired for... View More

Eva Zelson
Eva Zelson
answered on Aug 24, 2023

It is problematic that the salary offer and the terms (hours per week, exempt vs non-exempt, etc.) are not in writing in this case. Even so, an experienced employment attorney can help you approach your employer to clarify and rectify the situation. There are minimum pay requirements for exempt... View More

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2 Answers | Asked in Contracts and Employment Law for Washington on
Q: My workplace laid me off and paid me $500 severance. Now they are saying if I don't sign an NDA I must return it.

Am I legally obligated to either sign the NDA or return it? Email below:

Thank you again for being part of the XXXX team especially in the past few months which have been rocky and trying for all of us. I really thought that we wouldn't need to do any further cuts but it was unforeseen... View More

Eva Zelson
Eva Zelson
answered on Aug 24, 2023

It is always best to have an employment lawyer review any severance agreement.

However, if you haven’t already agreed to NDA terms in a severance contract, and you accepted the payment without agreeing to any conditions, you are likely under no obligation to return the advance payment....
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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Ima male in CA and discovered that a female employee with the same job title as me gets paid more. Equal wage violation?

I was never given an evaluation, we have been there the same amount of time and have the same training, i however have more education. Around the time my raises stoped, i went to part time for 3 months then full time for 3 months then part time for 3 months then full time as i went back to school.... View More

Eva Zelson
Eva Zelson
answered on Jul 26, 2023

To prove gender discrimination as it relates to employee compensation, you will need more information. You will need to establish that you do the same work and have very similar qualifications for the job. Perhaps your female coworker had already completed her degree when she started, so she... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for Texas on
Q: discrimination in the work place

The company where I work has this problematic person with more than 20 complaints. She is white and very problematic, very calculated but also has bipolar mental problems. She has made the work a toxic environment unbearable for everyone who has to be walking on eggshells, not to offend that... View More

Eva Zelson
Eva Zelson
answered on Jul 26, 2023

You describe a toxic environment, but you do not say what is toxic about it. Does this employee you specifically describe say things to you and other employees based on your race or heritage? Or is she perhaps difficult to predict because of her bipolar symptoms? To claim a hostile work environment... View More

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2 Answers | Asked in Employment Law for Texas on
Q: Can i quit my job if i have signed a employment contract

My offer letter states that my employment is at will but the terms of employment contract i signed is not at will

Eva Zelson
Eva Zelson
answered on Jul 26, 2023

It is always best to have an employment lawyer review any employment contract before signing it to thoroughly understand expectations. Despite the existence of a contract, you can still quit your job. However, there may be consequences for you that would not exist in an at-will situation. Contact... View More

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2 Answers | Asked in Employment Law for California on
Q: What are the guidelines for salary exempt? Scheduling 50 hours not paying for time missed and no sick pay or vacation

The employer tells staff he is paying them for 50 hours of work (salary) only paying for 40 but scheduling 50 hours and there is no paid sick days and no paid vacation so whatever the reason if there is any time missed it has to be made up. Is this legal?

Eva Zelson
Eva Zelson
answered on Jun 20, 2023

The Fair Labor Standards Act established standards for minimum wage, overtime pay, and youth employment for employees in the US. Some “highly-compensated” employees are exempt to overtime pay under the FLSA. For salaried employees, there is no maximum or minimum requirement for hours worked.... View More

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2 Answers | Asked in Employment Law and Health Care Law for Michigan on
Q: I am on FMLA for my disabled son. Every time I have to take off work to take my son to Dr my work makes me use my PTO

They make me put in for FMLA but use my PTO. So I can never take off for myself. It says here FMLA is unpaid .

. The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance... View More

Eva Zelson
Eva Zelson
answered on Jun 20, 2023

Yes, this is legal. According to the US Department of Labor, FMLA law permits an employee to elect to use accrued paid vacation leave. In addition, the law permits employers to require the employee to use paid time off for some or all of the FMLA leave period. So while FMLA applies to unpaid leave,... View More

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2 Answers | Asked in Employment Law for New Jersey on
Q: Am I required to hold an emergency/on call phone when my employee contract never stated one ?

They want to write me up for missing a call at 2 am and I never even agreed to accept the phone they made us take it

Eva Zelson
Eva Zelson
answered on May 24, 2023

If you do have a contract with your employer, contact an employment law attorney for review of the details. If you are an at-will employee, the job descriptions and the expectations for your job can change at any time, in which case, you would have to either find a new job, or adapt to the new... View More

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2 Answers | Asked in Employment Law for New Jersey on
Q: my job requires us to be on call for a week at a time. We are only compensated for time+.5 for hours worked not waited

I just want to know if that sounds right, we are expected to answer at any point and time and phone has to always be charged I never signed anything to be on call it just ended up being thrown onto me

Eva Zelson
Eva Zelson
answered on May 24, 2023

It is legally correct that you should be compensated for hours worked only. However, this is something that both the employer and the employee should be clear on what’s expected. Must you stay within a certain radius of your workplace when you’re on call? Are you required to answer calls at all... View More

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3 Answers | Asked in Employment Law, Health Care Law and Gov & Administrative Law for California on
Q: Should I inform my current employer of my pre existing clinical depression, or keep it to my self?

When hired for this position I had to get examined at a Concentra medical clinic and pass as a condition of employment. At this time I disclosed that I had a history of depression, the doctor asked if it was under control, and at which time it was so I answered truthfully yes. I was cleared by the... View More

Eva Zelson
Eva Zelson
answered on Apr 19, 2023

It is illegal for your employer to terminate you on the basis of a medical diagnosis. However, if you feel you need to negotiate accommodations for your job based on your medical diagnosis, it may be worth coming forward. However, your employer will still expect you to be fully competent at your... View More

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