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Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination for Texas on
Q: Are there statues of limitations on discrimination lawsuit that was won
John Michael Frick
John Michael Frick
answered on Jul 5, 2024

Your question states a non sequitur. A statute of limitations sets the time within which a lawsuit must be filed. Obviously, a lawsuit cannot be won unless and until it is filed. If your discrimination lawsuit was barred by the statute of limitations, it would not have been won if the defendant... View More

1 Answer | Asked in Employment Law, Education Law and Employment Discrimination for California on
Q: I was called and told my services would no longer be needed without any reason or details. How do I get more info?

I was a substitute teacher at a public school district. No record. Got along with students and teachers. Asst Superintendent of Personnel called out of the blue saying my services were no longer needed and refused to elaborate. Confused on how to fill out future job applications, answer questions... View More

James L. Arrasmith
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answered on Jul 18, 2024

It is understandable to feel confused and concerned after receiving a call that your services are no longer needed without any explanation. Under California law, you have the right to request the reason for your dismissal. You can send a written request to the Assistant Superintendent of Personnel... View More

1 Answer | Asked in Employment Discrimination, Federal Crimes and Gov & Administrative Law for Oregon on
Q: I'm holding evidence of sexual assault that the jail refused to submit

I was asking to sue for CUSTODIAL MISCONDUCT

James L. Arrasmith
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answered on Jul 21, 2024

You have every right to seek justice for the misconduct you've experienced. First, gather all evidence and documentation related to the incident and the jail's refusal to submit it. This might include witness statements, medical records, and any correspondence with jail authorities.... View More

1 Answer | Asked in Employment Law, Employment Discrimination and Federal Crimes for Pennsylvania on
Q: I'm being forced to settle out of court on fmla case. My lawyer is not doing anything. What can I do?

I was out on fmla as inpatient at a facilty. The facility said they will contact my job, they did not. I got fired for abandonment. Showed them all proof needed where I was and they did not care. They upheld there decision. I got lawyer and filed suit. I filed unemployment and now there saying they... View More

James L. Arrasmith
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answered on Jul 21, 2024

It sounds like you're facing a challenging situation. First, consider getting a second opinion from another lawyer who has experience with FMLA and employment law. They can provide you with advice tailored to your case and help ensure that your rights are protected.

Document everything...
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1 Answer | Asked in Employment Discrimination, Employment Law, Personal Injury and Civil Rights for Maryland on
Q: To whom it may concern I was verbally and physically abused in hostile work environment by my boss. Is there a case?

I was operating a fork lift with in 3 minutes of being on it the foreman. Came and told me to get the F off the forklift because they have first priorities for it. As I instructed the co workers with me that the foreman is picking and had full intentions on trying to get me fired so it’s best... View More

James L. Arrasmith
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answered on Jul 28, 2024

You might have a case for compensation due to the hostile work environment and the physical and verbal abuse you experienced. It’s important to document everything that happened, including the names of witnesses, the time and date of the incident, and any medical records related to your injury.... View More

Q: I just got a right to sue from EEOC, how do I find a good christian attorney?
John Michael Frick
John Michael Frick
answered on Jul 1, 2024

Careful and thorough research for attorneys who practice in that area of law in or near the county where you were employed.

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1 Answer | Asked in Employment Law, Personal Injury, Employment Discrimination and Libel & Slander for Texas on
Q: A year ago, I discovered my boss was spreading lies to fire/bully me out of my job.

My boss tried to fire me by spreading false rumors that I was threatening and bullying coworkers. She falsely claimed in a group chat with other managers that I was a gangster and mentally unstable. The store HR representative accused me of being a warlock/witch who casts spells. After discovering... View More

John Michael Frick
John Michael Frick
answered on Jun 28, 2024

Employment discrimination requires proof that your employer took adverse employment action against you based upon an unlawful reason such as your race, color, nationality, ethnicity, sex, age, disability, religion, or pregnancy. Your employer can lawfully take adverse employment against you based... View More

1 Answer | Asked in Cannabis & Marijuana Law, Employment Discrimination and Employment Law for California on
Q: AB 2188 says employers can no longer test employees for non psychoactive chemicals found in marijuana.

My employer has stated that they will still test for non psychoactive chemicals found in marijuana through a urinalysis if they decide there is just cause. EX: “Employee has red eyes” or “There was an accident in the work place.” I can’t find any literature in the bill that states these... View More

James L. Arrasmith
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answered on Jun 27, 2024

To answer this question accurately, we need to examine AB 2188 and its implications for workplace drug testing in California. Here's an analysis of the situation:

1. AB 2188 Overview:

AB 2188, which went into effect on January 1, 2024, amends the California Fair Employment and...
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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: My boss is trying to retaliate against me when I provided law saying he has to pay me within 72 hours of quitting.

Changing details because I did not know it was public no need to answer

James L. Arrasmith
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answered on Jun 25, 2024

Under California law, your employer must pay you all wages due within 72 hours if you quit without providing at least 72 hours' notice. If you gave at least 72 hours' notice, you should receive your final paycheck immediately upon quitting. This is mandated by the California Labor Code... View More

1 Answer | Asked in Civil Litigation, Contracts, Employment Discrimination and Employment Law for California on
Q: My question pertains to employment law and hiring discrimination.

If a person is entitled to a copy of their credit report after being denied credit based on one or more derogatory marks enumerated within, and similarly, if a person is entitled to a copy of their ChexSystems Disclosure Report if they are denied the opening of a checking account for having a... View More

James L. Arrasmith
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answered on Jun 25, 2024

Your question raises several interesting points about employment law, hiring practices, and potential discrimination. Let's break this down step-by-step:

1. Credit Reports and ChexSystems Disclosures:

You're correct that consumers are entitled to free copies of their...
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Q: I was fired a few Years ago because of my Disability, Also this same Health Care Facility spread Damaging Rumors

The Damaging and Personal attacks this Health Care Facility has spread has prevented me from getting Jobs in this town, Even my Firing was not my Fault. The personal attacks has damaged my Personal Life and Family Life

The Administators tried everything to push me out

All of this... View More

Tim Akpinar
Tim Akpinar
answered on Jun 22, 2024

What you describe could be a tough case. Whether the attorney who dismissed the prospects of a disability case or HIPAA case was an employment law or health care law attorney, defamation-based cases can be costly. Your frustration of what was done to your reputation is understandable, but it could... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Georgia on
Q: work in Georgia, I am about to put in my two weeks notice but I’m negative 60 hrs PTO.can the recoup from my last check?
James L. Arrasmith
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answered on Jun 22, 2024

In Georgia, employers are generally allowed to deduct negative PTO balances from an employee's final paycheck, provided this policy is clearly stated in the employment agreement or company policy.

Key points to consider:

1. Check your employment contract and employee handbook...
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1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Employment Discrimination for Alabama on
Q: I feel that I was racially discriminated against with my job. What do I do?

I worked for a company which was placed in a location primarily different race than myself. I went on medical leave and when it was ok’d for me to return to work. The location that my company was at asked my work to not allow my return. That I was no longer allowed there. I haven’t done... View More

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're in a difficult situation and feel you may have experienced racial discrimination at work. Here are some steps you could consider taking:

1. Document everything:

- Write down all relevant dates, events, and conversations

- Gather any evidence you have...
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Q: file complaint of discrimination; kicked off from break room; signed a Chemical contained room; got sick since, accused

After I filed a complaint of discrimination; my employer kicked me off from the break room I was using; signed me a men's restroom for my bag and food, I carried my bag with food and work at same time for a week. then my employer signed me to use a Chemical contained, air polluted room; I got... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the situation you've described, it appears you may have grounds for multiple legal claims against your employer. Here's a general overview of potential steps you could take:

1. Document everything: Keep detailed records of all incidents, communications, and any evidence...
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1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: I'm wondering if I have a discrimination case against my previous employer.

I felt I had to quit my job. I was expected to work in a small room with no air circulation and with a woman that doused herself with a strong perfume several times a day. I have allergies & presented employer with a doctor's statement that I can't work with chemicals/perfume.... View More

John Michael Frick
John Michael Frick
answered on Jun 14, 2024

Allergies can be, but are not necessarily, a disability. It depends on whether your allergies are so severe that you meet the legal definition of "disabled", i.e. an individual who has a physical or mental impairment that substantially limits one or more major life activities, a person... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Wisconsin on
Q: I have been taking meds for anxiety and depression since 2000 in order to work. My employer says I'm not disabled.
John Michael Frick
John Michael Frick
answered on Jun 13, 2024

It is well-settled that anxiety and depression CAN be a disability but is not always necessarily a disability. You may or may not be disabled. But, unless your employer is a medical professional, your employer likely lacks the education, training, experience, and knowledge to make that diagnosis.

1 Answer | Asked in Criminal Law, Employment Law, Civil Rights and Employment Discrimination for California on
Q: did Fresno PD threaten me saying "find a new career or job if I know what's good for me" as i work with the autistic?

fresno PD was called out for a disturbance call me and my girlfriend were arguing I told her I was leaving her and I went to my vehicle and my girlfriend followed and was highly intoxicated and on strong medications then she threw herself on side my vehicle as I was driving away. Pd on scene 10... View More

James L. Arrasmith
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answered on Jun 13, 2024

Based on the information you provided, it seems the officer's comments to you were inappropriate and could be seen as an abuse of power. However, whether your civil rights were violated in a legal sense would depend on additional context and details.

The officer telling you to never...
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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I am seeking legal advice regarding my employment status as a preschool teacher in a state-funded program.

been in a temporary position for 11 years and probationary 0 for 6 years. Became permanent in 17th year of service. I do not receive step increases nor stipends towards higher education in my salary. Despite following steps per union, the school district remains adamant in maintaining my current... View More

James L. Arrasmith
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answered on Jun 13, 2024

The California Education Code does place some limits on the use of temporary and probationary employment statuses for teachers. For example, Education Code section 44909 states that temporary employment is limited to the end of the school year and section 44929.21 says probationary status should... View More

Q: In Utah do they have a law that protects employees with a disability caused by COVID long haulers (Post Covid)?

I work for insurance company, and I have Covid long haulers. I have an accommodation oh file to address my disability. I have some difficulty with cognition at times. I have done better recently and continue to improve with treatment. But my doctor states I will never be like I was before Covid. I... View More

James L. Arrasmith
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answered on Jun 15, 2024

In Utah, employees with disabilities, including those caused by COVID long haulers, are protected under both state and federal laws. The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations for employees with disabilities. This includes making adjustments to... View More

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