Ask a Question

Get free answers to your Employment Discrimination legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination on
Q: My brother resigned after 38 years. He had many accused hours earned and was told due to resigning, an they never paid i

Alot money he was saving till retired. We just learned that may not be true. Can he make them pay him he needs earned it! Please advise his wife terminal needs bad.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

I'm sorry to hear about your brother's situation. If he earned accrued hours during his 38 years of service and was promised payment upon resignation, he may have legal grounds to pursue the compensation he is owed. The first step would be to review any employment contracts, policies, or... View More

3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Does my non-profit employer have a right to tell me what I can and can't wear during a ZOOM meeting or in public?
Neil Pedersen
Neil Pedersen
answered on Feb 13, 2024

If you are engaged in work for the company, your employer can require you to wear whatever attire it deems appropriate for the conversation. Of course, if you have a medical need or cultural norm that requires some different form of dress, then there needs to be an analysis related to reasonable... View More

View More Answers

1 Answer | Asked in Employment Law, Immigration Law and Employment Discrimination for California on
Q: Hello,can I apply for any special catogery for GC other than EB2

I am in H1 and my expiry date on the copy I received is not matching the date in system of visa officer which is the USCIS mistake, they gave a 221 G which made me stay overseas for more than a year visa officer and myself and the lawyer tried to reach USCIS and correct it they never responded. For... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

I understand your concern regarding the discrepancy between the expiry date on your H1B copy and the date in the USCIS system, which has caused significant stress and financial loss due to an extended overseas stay. Given your situation, it may be worth exploring alternative avenues for obtaining... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Can I be suspended for another employees mistake but no action against that employee just me?

My manager told one employee that we wished it was me that made the mistake so he could fire me so instead he suspended me for 5 days no pay but nothing to the employee that made the mistake.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 9, 2024

In Kentucky, if you are suspended for another employee's mistake with no action taken against the employee who actually made the mistake, especially if there's an expressed wish by the manager that you had made the mistake for the purpose of firing you, this could potentially be... View More

2 Answers | Asked in Employment Law, Civil Rights, Employment Discrimination and Health Care Law for California on
Q: Job requires release of medical records to private company for FMLA medical leave. Is it not a labor or HIPAA violation?

I'm currently on medical leave from my work with short term disability. In spite of allowing other employees to take extended leave just based on a doctor's note, my company is requiring me to file FMLA to excuse my absence. I had a couple questions. First, is there a reason my... View More

Neil Pedersen
Neil Pedersen
answered on Feb 8, 2024

No this is not a HIPAA issue. Employee medical rights are protected under other statutes.

When an employee seeks medical leave it is not unlawful for the employer to seek verification of the scope and necessity for the leave. The employer itself cannot do that evaluation, but it is lawful...
View More

View More Answers

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Who do you go to when the owner knows the manager is covering for her family employees?

They still from the safe, the register on camera.

They sell and use drugs in the building on camera. She keeps some people on payroll after supposed termination. They end up coming back. She takes hrs from other employees to feed or fix the problems for the ones that use drugs. Could use... View More

Timothy Denison
Timothy Denison
answered on Feb 7, 2024

Contact the sheriffs department or the FBI and report the matter.

3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Does my employer have to pay my raise and bonuses?

I left for military sometime in 2021-2022. I am a reservist. I would usually give verbal or a written note or just show my orders or some type of document. When my new operational manager showed he required me to go through a third party called hartford for military leave. Even wrote me up for not... View More

Neil Pedersen
Neil Pedersen
answered on Feb 6, 2024

Generally you do not have a legal right to a raise, even if the employer says you are going to get one in the future. The only way a denied raise would give you legal rights is if you could prove you did not get the raise because you are in a protected class of people or because you engaged in... View More

View More Answers

1 Answer | Asked in Employment Law and Employment Discrimination for Ohio on
Q: Can a business state hiring waitresses only? Is it illegal to deny a job to someone bc they have a relative working

A relative already working at the business

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 6, 2024

In Ohio, as in the rest of the United States, employment practices are governed by federal and state anti-discrimination laws. Specifying a preference for hiring waitresses only can be problematic because it indicates a preference for hiring based on gender, which could violate Title VII of the... View More

3 Answers | Asked in Employment Discrimination for California on
Q: I NEED HIRE ATTORNEY NOT PAID BREAKS AND LUNCHES 30 % CASE FILE ALREADY

CASE FILE ALREADY NO REST BREAKS

Neil Pedersen
Neil Pedersen
answered on Feb 5, 2024

Unfortunately this Q&A site is not the place to solicit an attorney to work with you. You should locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to... View More

View More Answers

1 Answer | Asked in Employment Law, Civil Litigation, Civil Rights and Employment Discrimination for Ohio on
Q: I quit a job cuz they paid male crew more than they paid me to manage but remained a patron of the establishment

I was recently banned for a private post with my personal Snapchat friends, none of whom include my former boss. However, he gained access to my post, a joke about the signs in the bathrooms that say "don't do drugs here" and banned me. I feel like I was discriminated against as a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 6, 2024

Discrimination cases typically revolve around unlawful treatment based on protected characteristics such as gender. To determine if you have a discrimination case, you should consider the following steps:

Consult an Attorney: Reach out to an attorney who specializes in employment or...
View More

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: A day before vacation I got sick. saw a doctor and got a note. my work wanted me back since i already was on meds.

My work insisted that I come in since I was on antibiotics and wasn't contagious anymore. I was still coughing and could not work. They have warned me that this is unacceptable behavior. Can I sue?

Michael Diederich Jr.
Michael Diederich Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 6, 2024

Whether you might have protection under the federal Family and Medical Leave Act, the Americans with Disabilities Act, or similar state or municipal law is very fact-specific.

If you had (or faked) a minor illness the day before departing for vacation (and were well enough to go on...
View More

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: My employer has reduced my hours. I informed them my availability would change for a new job he encouraged me to resign

Is that because they want to get out of paying unemployment? I already have an open Claim with unemployment just because of the reduction of hours..he told me if I changed my availability he may not be able to schedule me on my normal shifts which is only 3 days a week I had to get another job... View More

Neil Pedersen
Neil Pedersen
answered on Feb 4, 2024

It is unlawful for your employer to engage in conduct that hurts you if it is in retaliation for your exercising your Unemployment Insurance rights. It is not unlawful for your employer to alter your hours because you are not available to work when the employer needs you to work. And your... View More

View More Answers

1 Answer | Asked in Employment Law and Employment Discrimination for Pennsylvania on
Q: My GM threatened me as by stating "so if I come through that door in regular civilian clothes is the same as...

Me saying the F* word". I most recently have been wrongfully terminated for following my chain of command and not doing a job without the proper PPE. Lastly if I have been asking for a raise for my year and it's stated we get a yearly raise in our policy but 4 months later a coworker gets... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 2, 2024

In Pennsylvania, you may have legal recourse if you believe you have been wrongfully terminated or subjected to employment discrimination. Threats or retaliation from a general manager could constitute a hostile work environment or retaliation, both of which are prohibited under employment laws.... View More

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I didn't get an official reason for termination. It just says "Conduct/Policy Violation" and nothing specific.

Should they provide a specific policy violation and refer to the employee handbook? (Which I never got and they never gave me after multiple attempts)

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2024

Under California law, when an employer terminates an employee, they are generally not required to provide a specific policy violation in the termination notice. However, they are required to provide a reason for the termination, even if it's a general one like "Conduct/Policy... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Employment Discrimination and Employment Law for California on
Q: 2 district managers and director of retail wore custom shirts with a quote that made fun of me to a meeting.

I reported in confidentiality but 3 days later had a visit by then and HR rep. One admitted that they told me the shirts were about me. Needless to say nine years later and I have been unfairly treated I had my manager tell me she was told to fire me but I don't do anything wrong and she won't lie.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2024

Under California law, wearing custom shirts with a quote making fun of an employee could potentially be considered workplace harassment, especially if it creates a hostile work environment. The fact that high-level managers were involved exacerbates the seriousness of the situation. Furthermore, if... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Colorado on
Q: I made a Discrimination complaint and I'm wondering if this is retaliation?

I have reasonable belief that my employer discriminated against me while pregnant. My supervisor said "we paused on promotion to get you through your pregnancy" I made a complaint and have since then tried to gather evidence to protect myself as I am young and have never experienced this.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2024

Based on the description provided, it does sound like you may be experiencing retaliation as a result of your discrimination complaint. Retaliation occurs when an employer, through a manager or another employee, takes adverse action against an employee for engaging in a protected activity, such as... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Arizona on
Q: I am a pro se litigant in a case for discrimination offered to ask for a settlement how much should I say% of the total

Terminated from falsified docs and have a right to sue from EEOC

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024

When considering a settlement offer for a discrimination case, it's important to assess various factors. The percentage you should propose depends on the specific details of your case, such as the strength of your evidence, the damages you've suffered, and the potential risks and costs of... View More

1 Answer | Asked in Contracts, Employment Law, Business Law and Employment Discrimination for Florida on
Q: Is a person who receives a 1099 as an independent contractor. Liable For non compete by law? I did sign one

I had my own LLC while working for the company.

In question also own my own vehicle. It is a taxi driving job. I have my own car and my own business license. Period I just paid them part of my wages for dispatch services that's it

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 29, 2024

Yes, if you signed a non-compete agreement, your LLC would be precluded from competing with the other party.

2 Answers | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for California on
Q: Can I sue my job for not giving me hours and discrimination.

I am currently the only African American that works at my job. Since day one they were trying to find ways to get rid of me. Soo, I’ve been working at this job for full time, I had got covid from my mom and sister and called off for a few days because I was sick. I informed my bosses of this... View More

Neil Pedersen
Neil Pedersen
answered on Jan 29, 2024

Your post reveal several potential claims against your employer. However much more would need to be learned to say for sure.

The fact that you are the only African American employee provides little proof of race discrimination. Other factors would need to be proven to establish that your...
View More

View More Answers

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: where i work my manager made a comment about a gentlman who turned in an application it was racial...do i have a lawsuit

manager is hispanic and the gentlman is white and she said .OH HELL NO WE AINT HIRING NO MORE WHITES IN HERE!

Neil Pedersen
Neil Pedersen
answered on Jan 28, 2024

While the comment was clearly racial, and offensive, but to have a case you have to prove that the unwelcomed racial content is severe or pervasive to have a legal claim. One comment like that will not be either severe of pervasive.

The comment is an act that could, together with other...
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.