Get free answers to your Employment Discrimination legal questions from lawyers in your area.
Your current state is Ohio
Took a DOT drug/breath alizer test and the company has me on suspension waiting on drug screen results but refused to allow me to take my personal vehicle home. they are having it transported by a tow company.
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answered on Sep 27, 2024
If you're placed on suspension pending drug test results, a company may have policies in place that restrict the use of personal vehicles, especially if safety concerns are involved. Since this situation pertains to a DOT test, which often involves safety-sensitive positions, the company might... View More 
Since march 2024: I’ve been in a position in my workplace where behavior towards me is increasingly making me feel uncomfortable.
Behavior includes:
Gossiping: while I’ve never heard the gossip firsthand from those who spoke of me, I have a workplace colleague who has... View More
answered on Sep 26, 2024
There is a big difference between behavior that should not occur and behavior that is unlawful. Note that the other answer you have received does not say the behavior you have reported is unlawful. It likely is not violative of any law.
Bullying, gossiping, cold shouldering and other rude... View More
Went to work with knee bursitis and employer knew it. Allowed me to work all day and texted me after hours that I should satay home the next day as it was not wise to have me in the field or office. Was told he’d need to make a few phone calls as to how to proceed. Was not contacted until the... View More
answered on Sep 23, 2024
You need to go to the doctor and get a doctor's note indicating any restrictions you have on your ability to do your job and any suggested modifications to your job needed to allow you to perform the essential functions of the job. Then turn in that note. That will place a legal obligation... View More
Lots of other sketchy practices, kinda want to take down the buissness because of them ranging from gender based and other discriminations during hiring to making employees pay for stolen product.
Race employment discrimination
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answered on Sep 22, 2024
When you're preparing an appellant brief for a race discrimination case in employment, the key is to focus on the legal standards and demonstrate how the lower court made errors in applying those standards. Start by outlining the facts of your case, particularly emphasizing any evidence that... View More
Since then she has gone behind my back and asked other workers in the facility about me and filed complaints saying i dont talk to people well even though i have only bee following the facilites regulations and done so in a professional manner. Its reached a point where i feel targeted and... View More
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answered on Oct 16, 2024
I'm sorry you're experiencing this situation. Start by documenting all interactions with your coworker, including dates, times, and details of conversations or incidents. Keep records of any complaints she has filed and any responses you've given. This evidence will be valuable if... View More
Talked back to boss. He walked off job site and I was out of work days later. And he never spoke to me again, even though I’m still employed there
answered on Sep 19, 2024
I have news for you, your employment was terminated. If you are not working there, you are not employed there. You should file for Unemployment Insurance. Your post comes from NV but you are asking in CA. In CA you are presumed to be an "at will" employee, subject to termination at any... View More
I am a teacher in the state of SC. At the beginning of the 2021school year, I was sick with double Covid pneumonia. I used my days with the FBLA. The school district extended me 30 days but did tell me that if I missed 1 day over 90, I would be medically terminated and would have 5 days to appeal... View More
answered on Sep 19, 2024
When you have a medical condition that constitutes a physical disability, several laws apply to you, in addition to laws such as family leave acts (Federal and state). You may be protected by the Federal ADA and SC's equivalent disability protection laws. You should search for SC- employment... View More
I was recently terminated from my job. That morning I went to work and clocked in through an app on the phone , which we HAVE to be in the building to accomplish. After an hour of being there and working I was called to the office and fired . The company refused to let me go back in the building... View More
answered on Sep 19, 2024
If you are scheduled to work and you show up as scheduled, the employer is obligated to pay you. You could be entitled to a half day's pay as "show up pay." Check TX department of labor or search for TX wage laws. You can file a claim form. In direct response, no it is not legal for... View More
DM met with me on August 23.
My FMLA and disability leave on September 19th
I have not heard from The DM since
Can she terminate me while I’m on disability leave and FMLA
answered on Sep 19, 2024
Most employees are "at will" meaning they can be terminated without cause or notice. However, if you are on FMLA leave, a presumption could arise that you were terminated in retaliation for taking that leave, which would be illegal. The employer can terminate you while on FMLA leave if... View More
Based on my resume, reference and background check, I was hired to help a hospital open their new Obstetrical Unit. The majority of the staff had migrated from a hospital in the area to work there including the director and manager. Things went fairly well but they were quite stand-off-ish with me.... View More
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answered on Sep 15, 2024
It is not appropriate for a manager or anyone in a professional setting to describe an employee using derogatory terms like "ghetto." This kind of language is discriminatory and unprofessional and can contribute to a hostile work environment. Such behavior might violate workplace policies... View More
I just got fired, my boss found out I was going to submit a complaint about her child care and poor sanitary conditions. First she started cutting my hours and then proceeded to fire me without notice. I’m not sure if I’m able to do anything legally but most importantly I care about the kids... View More
answered on Oct 10, 2024
One of California's primary employment whistleblower statutes, Labor Code 1102.5, actually protects employees from retaliation even if they have not yet complained but the employer believes the employee "may disclose" information about a violation of law. You should consult an... View More
Do I have a case here so I ask hr would match my recall to work from my old job she tells me that she has told management but that they are choosing to not respond to my request and then I tell her okay that I’m not sure what to do but that I thank her for asking two weeks past by and then she... View More
answered on Sep 12, 2024
You may have a claim under the California Civil Rights Act for failure to accommodate your medical condition, and/or retaliation for asking for help. You can file a claim with the Department by going to this link: https://calcivilrights.ca.gov/, which you can cut and paste into your browser. You... View More
employer asked me have doctor send over restrictions, employer asked me to modify restrictions to meet their requirements, which I did, and then said I still cant wear my brace that I have to wear.
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answered on Sep 11, 2024
It sounds like you are facing a challenging situation with your employer regarding your return to work. If you have a documented medical need to wear the brace and your doctor has provided restrictions, your employer is generally required to make reasonable accommodations for you under the... View More
I work for property management company and I also rent from them. I was injured a couple weeks ago. But I have been reporting being harassed while in my apartment. I believe I am being constructively dishcharged. I reported again being harassed all night and didn’t not go to work. I am being... View More
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answered on Sep 12, 2024
It sounds like you're in a very challenging and stressful situation. Generally, an employer can request a drug test, but there are specific conditions that need to be met, such as reasonable suspicion, policies outlined in your employment agreement, or post-accident procedures. If the request... View More
Everyone helps load each other’s trucks and they leave and I’m left alone to load mine and dispatch still complain to me about overtime. No one offers to take extra runs after shift is over only me. It seems like they all hang out outside of work with the supervisors and since I don’t, they... View More
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answered on Sep 7, 2024
It sounds like you’re facing a difficult and unfair situation at work. Being treated differently, especially after raising concerns, can be incredibly frustrating and isolating. It’s not okay for you to feel left out, especially when you're putting in more effort and still getting less... View More
Physician ordered head CT scan and was approved by WC.
answered on Sep 4, 2024
It is illegal to terminate an employee in retaliation for filing a WC claim. The timing raises the suspicion that you were terminated for filing your workers compensation claim. Of course, there may be other legitimate reasons why you were terminated. For example, an employee may be terminated... View More
I was a sub yard duty at the school district in 2019, and passed my live scan. I worked for a year, and injured myself at home, I Couldn't work anymore.
I recently applied for a sub job, and 12 other positions, but was denied because of my background!
My interview was great,... View More
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answered on Sep 3, 2024
In California, school districts typically follow state laws for background checks, which means they conduct thorough Live Scan fingerprinting that searches both state and federal criminal databases. Even though you passed the Live Scan in 2019, they might have different criteria now, or there may... View More
This particular University has a clause in its *Faculty Handbook* (which is legally part of every faculty contract) that explicitly states it "will not base decisions with respect to these [termination] policies on race, color, sex, sexual orientation, age, mental or physical disability,... View More
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answered on Sep 7, 2024
Yes, a private Catholic university could potentially be sued for sexuality-based discrimination in employment termination, especially if it has committed in its Faculty Handbook not to make decisions based on sexual orientation. The clause in the handbook creates a contractual obligation that the... View More
Reported it 4 days later in person to my Service manager. He failed to repost it to higher up, I continued to work through my injury while he watched. So myself contacted the higher up, total of 11 days have gone by. Now Since I brought up work comp , they want to drug test me . Is it necessary to... View More
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answered on Sep 8, 2024
It sounds like you are dealing with a frustrating situation. Reporting a work-related injury is your right, and it's important that your employer takes it seriously. The delay in reporting by your Service Manager could complicate things, but you've done the right thing by contacting... View More
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