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Employment Discrimination Questions & Answers
1 Answer | Asked in Contracts, Employment Law and Employment Discrimination for New York on
Q: Can my company stop me from moving?

I work remotely in healthcare. My company is based out of New York. I informed HR that I plan on moving outside of the state. I received a list of states which did not include the state that I intend to move to. In our remote worker agreement, it does say that we have to get permission from HR, but... View More

Joseph James Raetzer
Joseph James Raetzer
answered on Dec 30, 2024

I'm so sorry you're having this problem with your employer - moving is hard enough without the stress of employer pressures! From a straight contract law perspective, it's going to come down to what you agreed to in your employment contract. From your description, it seems like you... View More

2 Answers | Asked in Employment Law and Employment Discrimination for Pennsylvania on
Q: I currently work at Pizza Hut as a crew member, can they withhold tips from employees?

Hello! I am currently an employee at Pizza Hut. I've been working here for almost a year now. When hired, I was told that we did not get to keep any of our tip money and was instructed to put the tip money recieved from customers into a small box, which does not get redistributed to the... View More

Joseph Korsak
Joseph Korsak
answered on Dec 2, 2024

Illegal, illegal, illegal!

You need a lawyer to make a demand on your behalf. Are you keeping some record of the amounts you paid in?

Call me.

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1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: Is it legal for a work place to publicly post employees names who did not receive the flu vaccination?

They say it's posted so other employees know who isn't vaccinated so they can make sure the unvaccinated employee is masking.

Jeremy Donham
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answered on Dec 3, 2024

Good day. There may be potential violations of privacy or the employer's policy. It would be a good idea to seek legal counsel to discuss this as it may depend upon the jurisdiction you worked in and the laws of that jurisdiction. We wish you the best in your search for a resolution to your... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Pennsylvania on
Q: Can information never provided to me or signed by me be used against me in an unemployment appeal?

I had been terminated and at that time was told my termination reason was “confidential”. I had applied for unemployment and was denied due to “willful misconduct”. There was a file attached from my boss that was not added to Paycom until 10.23.24, when I was terminated on 10.11.24 and... View More

Jeremy Donham
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answered on Dec 3, 2024

Sorry to hear about the loss of your job. The medical issue could potentially qualify you to make a claim under the Americans with Disabilities Act ("ADA"). You will want to speak with a local attorney who practices in Employment law and discuss this further as well as the confidentiality... View More

2 Answers | Asked in Arbitration / Mediation Law, Employment Discrimination and Employment Law for Texas on
Q: Can an associate in a law firm give a lawyer in another firm a copy your arbitration deposition transcript 3 years pos

Deposition transcript was never used in arbitration ,case settled during discovery, transcript was shared 3 years later to another lawyer in another arbitration proceeding I was involved in ....it was actually stolen by the associate

John Michael Frick
John Michael Frick
answered on Nov 25, 2024

If the associate was an attorney in the law firm that represented you in the arbitration proceeding, he should not share your deposition transcript without your permission.

If the associate was an attorney in a law firm representing another party in that arbitration proceeding, he can...
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1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: After FMLA leave I gave my HR a note with my name, restrictions and a box checked yes that I can return to work. It was

Signed by my doctor. They sent me home. On the second day I brought in a note and they allowed me to work the full day. The following day they denied the note stating that because it was a printed note provided by my employer's third party FMLA leave provider to my dr, that they could not... View More

Jeremy Donham
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answered on Dec 2, 2024

Very sorry you are dealing with this issue. Employers have a lot of latitude when they deal with employee FMLA issues. With that said, there could be some issues that fall under the Americans with Disabilities ("ADA") if you qualify. When an employer requests that you return to full duty... View More

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: My neighbor got fired for not going to work for 3 days but he had a doctor's note so is there anything he can do
Brad S Kane
Brad S Kane
answered on Nov 23, 2024

The first question is whether the employee communicated with his employer about his absence. If the illness was so severe and unexpected that it prevented communication, then the failure to notify the employer could be excused.

In California, if your employer has at least 5 employees, then...
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: My boss outsources a company without anyone knowing and leaves me out claiming there is no work. Is this legal?

For weeks now I work 1 or 2 days in a week. I recently found out that my boss hires people from another company to do my job. He tells me there is no work however the team he contracts get their 40 hours. I’ve also lost money a couple of times when I worked double time and traveled by him paying... View More

Neil Pedersen
Neil Pedersen
answered on Nov 22, 2024

There is nothing unlawful about an employer outsourcing an employer's job duties unless the motivation for doing so is your membership in a protected class of people or because you engaged in some form of legally protected conduct. The AI "assisted" answer by Mr. Arrasmith is simply... View More

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1 Answer | Asked in Employment Discrimination, Employment Law and Immigration Law on
Q: A Pakistani contractor working for a US firm. Employer is not paying because its client is not paying. Need US visa for

Hi, I am from Pakistan. In the field of IT I am working as a freelancer/contractor for many years now. I signed a work agreement (payment by hourly basis) as Contractor with a US based resource company in Nov 2021. I have been getting all my monthly timesheet approved by Client manager intime and... View More

James L. Arrasmith
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answered on Nov 21, 2024

Your situation involves significant unpaid wages, and taking legal action could be worthwhile given the substantial amount owed to you. Before considering travel to the US, you should first consult with an employment law attorney who can review your contract and advise whether pursuing legal action... View More

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: I was fired from walmart in Feb.2024 I feel I was terminated wrongly I know CA right to terminate I feel I was targeted

My final reason for termination was Job performance with the explanation of I left my shift early and did not tell anyone and that I was warned before. Yes I left my shift early did I tell anyone yes and I wrote on our Teaming schedule that I was leaving early like all others do and never get into... View More

Neil Pedersen
Neil Pedersen
answered on Nov 20, 2024

In California you are considered to be employed on an at will basis unless you have an agreement to the contrary about that status with your employer. The employer of an at will employer can terminate the employee at any time and for any reason or even no reason at all. Terminating you for... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can my employer force me to go on disability if they refuse my accommodations request? Do I have grounds to fight back?

I work for a multi-billion dollar, global corporation in a manufacturing facility. I was recently diagnosed with ALS and have been working from home for several months. I made a formal accommodations request for a wheelchair accessible workspace and a hybrid work schedule (2 days in office/2 days... View More

Neil Pedersen
Neil Pedersen
answered on Nov 18, 2024

Far more needs to be known about your situation before an attorney can confirm whether you are being treated unlawfully. However there are indications in your post that the employer may be violating the Fair Employment and Housing Act. For instance, you do not post about what restrictions you have... View More

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1 Answer | Asked in Employment Law and Employment Discrimination for Washington on
Q: Do I have a case if I got fired for breaking a company policy , but my coworkers who broke the same policy didn’t?

I work in a male dominated industry and feel like I’m being discriminated and targeted. My boss also broke the company policy too.

Brad S Kane
Brad S Kane
answered on Nov 16, 2024

If you are female and you were fired for breaking a company policy, while male employees are not disciplined for breaking the same policy, then you may have a claim for gender based discrimination.

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: What is needed for emotional distress case

I worked for over 6 yrs without ever being promoted or receiving clear feedback on how to advance. Despite repeatedly reporting instances of being spoken to disrespectfully by coworkers, management dismissed my concerns, telling me to 'let it go.' Over time, the ongoing mistreatment... View More

V Jonas Urba
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answered on Nov 15, 2024

I worked for over 6 yrs without ever being promoted or receiving clear feedback on how to advance. PRIVATE EMPLOYERS ARE NOT REQUIRED TO PROVIDE FEEDBACK ON HOW TO ADVANCE BUT THEY CANNOT DISCRIMINATE AGAINST ANY PERSON BECAUSE OF ONE OR MORE PROTECTED CLASSES TO WHICH AN EMPLOYEE BELONGS.... View More

1 Answer | Asked in Employment Law, Personal Injury and Employment Discrimination for Florida on
Q: FLORISA/SARASOTA CO.

Q: Is it illegal for home depot to post private photos and videos online without my permission? on a company web site than i was fired, as i gave no one consent and i like to sue for lost of income medical ins. and lost of bonus twicw a year

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 14, 2024

Presumably you were fired for some other reason, not because the company posted images of you online. So, whatever the reason for your firing, your lost income would not be a result of their posting of your "private" images. So, you have failed to indicate facts which would show that... View More

1 Answer | Asked in Employment Discrimination for California on
Q: I am applying for Paid Family Leave and FMLA. Can my employer ask me to work a minimum number of days on site?

I am currently applying for Paid Family Leave. I have submitted an application to my employer for FMLA requesting that I be able to spend Thursdays with my mother. I work a hybrid schedule. Prior to FMLA, I worked 3 days in the office, which is the requirement for all employees. With my Paid Family... View More

James L. Arrasmith
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answered on Nov 14, 2024

Your employer cannot force you to work a minimum number of on-site days that interferes with your approved FMLA and Paid Family Leave. When you are on FMLA, your leave is protected, and your employer must accommodate your need to take time off to care for your mother. Since your leave replaces one... View More

Q: How to work email legitimate

I have this girl with the owner whom my ex said she's a part of it . They change everything they steal my phone , to get t as g on to radio walkie t as like I try to find it but it's in area of somebody else . They stolen my father's research title we took him off the chair we baught... View More

James L. Arrasmith
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answered on Nov 14, 2024

This situation sounds very concerning and appears to involve several serious legal issues including identity theft, fraud, and potential misuse of university resources. You should document everything thoroughly and gather any evidence you have of these incidents.

Your first step should be...
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2 Answers | Asked in Employment Discrimination, Employment Law and Workers' Compensation for California on
Q: I filed retaliation termination and I got workers comp

I wanted to ask if I can still file on the retaliation cuz I was treated wrong snd I hurt myself as well but I got settlement for my injury so can I file for the retaliation still!

Neil Pedersen
Neil Pedersen
answered on Nov 9, 2024

The answer to your question will require an attorney to look at the settlement agreement in the workers compensation matter. If the scope of the workers compensation settlement was written too broadly, you might have signed away your rights to sue for unlawful retaliation. You need to locate and... View More

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3 Answers | Asked in Employment Discrimination and Workers' Compensation for California on
Q: I filed a claim for retaliation termination and I received works como but nothing on the wrongful termination

I just want to know if I’m suppose to file separately?

Louis George Fazzi
Louis George Fazzi
answered on Nov 9, 2024

You most likely have two distinct and separate cases, the first being the worker's compensation claim, and the second which is a civil rights claim that has to be filed within strict deadlines, called the statute of limitations, or you could end up waiving and giving up your civil rights... View More

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1 Answer | Asked in Employment Discrimination for Pennsylvania on
Q: Good Morning. I have a question about workplace discrimination. I was an LVHN IT support person at Cedarcrest Hospital.

I was hired in August 2024 but recently let go. Even though I worked hard, was always on time, and worked overtime, I never got paid for it. I never talked about politics or religion and always tried to fit in with the team. But I always was excluded from team-building functions like lunch or... View More

Jeremy Donham
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answered on Nov 7, 2024

Good afternoon, very sorry to hear of this. If you did not receive pay that was owed to you then you may want to contact the Department of Labor at dol.gov and file a complaint with the agency. They investigate claims of wage and hour violations for free. You could also seek legal counsel to... View More

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: I requested accommodations for sched change at my job. They refuse and keep writing me up due absences. Is this fair?

I am a social worker in hospital. Asked for a modified schedule from m-f to four ten hour shifts. My department had refused to do this nor have they tried to discuss any other options. They only state they do not have a position with those hours available right now. I have made several suggestions... View More

Kirton M. Madison
Kirton M. Madison
answered on Nov 6, 2024

Was your request for a modified schedule based on a medical condition? Did you provide supporting documentation for this request from your medical provider? If so, the hospital's refusal to entertain your request or discuss alternative accommodations could be a violation of the Americans with... View More

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