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Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Colorado on
Q: My injury Occured 11 Days ago during a service call inside of the road , I work on tires, and my shoulder was in pain

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

James L. Arrasmith
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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

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law on
Q: Can the police take my details when I work on a shop as my boss took his time bringing his paperwork for them to see

I work in a shop in Spain the guardia civil have came in once and asked if I sold tabacco I said no they then asked me to move away from the counter and they searched for tobacco then the local police came in yesterday and asked to see all the paperwork for the shop I had to call my boss to come he... View More

James L. Arrasmith
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answered on Aug 31, 2024

Yes, the police in Spain can request your identification and work-related documents if they are conducting an investigation or inspection in the shop where you work. When your boss is not present, you, as the worker on-site, might be asked to cooperate with the authorities, especially if they need... View More

1 Answer | Asked in Criminal Law, Civil Rights, Employment Discrimination and Health Care Law for Maryland on
Q: I got H pylori in prison in 2016 now i’m released and on short term disability

Diagnosed in prison 2016

Wasn’t taken seriously or treated until 2020

Released in 2023

Late Summer 2024 it’s back and the levels are higher and now I’m on short term disability and cannot work. Am I able to seek legal action due to this?

James L. Arrasmith
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answered on Aug 31, 2024

You may have grounds to seek legal action based on the delay in treatment and the recurrence of H. pylori, especially if it has led to significant health issues and financial loss. The first step would be to assess whether there was negligence in your medical care during your time in prison and... View More

1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Sexual Harassment for Oklahoma on
Q: Sexual harassment, harassment, treatment, bullying, slandering me at work. I am Cherokee decent? can you help?
James L. Arrasmith
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answered on Aug 31, 2024

I'm sorry to hear that you're experiencing such difficult situations at work. Dealing with harassment, bullying, and slander can be incredibly challenging, especially when it feels like your identity or background is being targeted. You deserve to be treated with respect and dignity in... View More

Q: What are my legal rights regarding unpaid vacation, sick leave, overtime pay, and unsafe working conditions in my situat

Over the past two years at this job, I didn’t take any paid vacation, wasn’t given paid sick leave when I was ill or injured, and was only paid my regular hourly rate for overtime. Additionally, I had to make deliveries with the truck when others were unavailable, and I couldn’t use my... View More

James L. Arrasmith
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answered on Aug 31, 2024

You have legal rights regarding unpaid vacation, sick leave, overtime pay, and unsafe working conditions. Federal and state labor laws protect your right to receive overtime pay for any hours worked over 40 in a week. If you were not paid properly for those extra hours, you may be entitled to back... View More

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I worked at dominos and was let go of for call offs and working at little Caesar’s. Is it illegal for doing other places
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answered on Aug 24, 2024

In California, employers generally have the right to terminate employees for any lawful reason, including attendance issues like call-offs. If your employer had a policy against working for competitors and you were aware of it, they might have grounds to terminate you for working at Little... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for New Mexico on
Q: I’ve been subversively targeted by line management with no communication of concerns or complaints, call a lawyer or HR?

Since May I have been concerned for being targeted by line management in an effort to subversively remove me from my project. I contacted management above line regarding the concern immediately. Only one email was ever sent by line manager to request anything of me. I declined some requests as it... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you're in a challenging situation where you feel unfairly targeted by your line management without any clear communication or justification. You've taken some good initial steps by reaching out to upper management to express your concerns and document what's been... View More

1 Answer | Asked in Workers' Compensation, Constitutional Law and Employment Discrimination for Michigan on
Q: Can I be compensated if the supervisor sent me home because they thought I was hiding in the bathtoom

Hello I have been at this company for about a year now and today I was sent home because they thought I was in the bathroom hiding. We still have three hours of work, And a lot of material and product Too box up. I went to the bathroom and when I came out of the bathroom, they told me that I was... View More

James L. Arrasmith
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answered on Aug 31, 2024

You may have grounds to request compensation for the time you were sent home if it was unjustified. Since you were not hiding and were in the bathroom for only 20 minutes, you could argue that your dismissal was based on an incorrect assumption. It’s important to gather any evidence, such as... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Florida on
Q: What is the proper form and procedure to file for contempt in the US District Court Mid. Dis of FL TPA Division?
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answered on Aug 31, 2024

To file for contempt in the U.S. District Court for the Middle District of Florida, Tampa Division, you begin by preparing a motion for contempt. This motion should detail the specific order that was violated, how the violation occurred, and the relief you are seeking. Attach any supporting... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: I was wondering if I could ask my employer to have Thursday and Sunday off during the week instead of Saturday/Sunday.

Time period. 12 weeks. I’m full time and salaried.

My staff work 5 am to 10 pm daily. Open every day.

John Michael Frick
John Michael Frick
answered on Aug 19, 2024

Yes, you can ask. Texas law does no prohibit an employee from asking to be off Thursday and Sunday instead of Saturday and Sunday.

1 Answer | Asked in Employment Discrimination for California on
Q: went in for employment screening! Part of the process was strength test in front of others is this a hippa violation?

I went in and started the strength and agility test, they invited several others to sit and wait their turn in the same room, not the waiting room where I was being observed by other people I didn’t know durring my test it felt very embarrassing and violating in my opinion! I’m wondering if... View More

James L. Arrasmith
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answered on Aug 16, 2024

In California, HIPAA generally protects your medical records and private health information from being shared without your consent. However, HIPAA typically does not apply to employment-related processes like physical exams or strength tests that are part of pre-employment screenings. These... View More

Q: Is it normal for nurses in a suicide ward to say to cleaning women, "they were trying to make his wife rich before....."

"......he dies." And then when you write emails and try to contact the Human Resources and head nurse departments, your met with obstruction and mocking harassment. Is that normal adult behavior in South Carolina where the Lexington County medical system is owned by a New York Physician.... View More

James L. Arrasmith
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answered on Sep 1, 2024

It is not normal or acceptable behavior for nurses or any medical professionals to speak in a disrespectful or insensitive manner about a patient, especially in such a vulnerable setting as a suicide ward. This kind of comment is unprofessional and violates the ethical standards expected in... View More

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Hello, I work at a cafe and I have some questions regarding my workplace.

First of all, I did not receive proper training at this place. The manager was off to a vacation for 2 weeks and the owner maybe had 5 minutes training with me. So, I just asked my fellow employees to teach me. Second, for some reason the owner started to show different attitudes toward me. She... View More

Neil Pedersen
Neil Pedersen
answered on Sep 9, 2024

First, your employer has no legal duty to train you unless the training has to do with dangerous conditions in the workplace as required by OSHA. If the issue is how to do your job, your employer can simply leave you untrained, and then discipline or terminate you for any reason or even no reason... View More

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Can my supervisor do this?

My sibling and I work at the same company. Whenever my supervisor can't get in touch with them, they reach out to me to speak to my sibling. They even go as far as talking about my sibling's disciplinary actions with me. My sibling and I work in different departments and are essentially... View More

Neil Pedersen
Neil Pedersen
answered on Sep 9, 2024

There is no law that prohibits your supervisor from speaking to your sibling about things other than inherently private information, like heath issues. Discipline is not inherently private and can be discussed amount management and employees. Please beware, the other answer provided was... View More

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2 Answers | Asked in Civil Rights, Employment Law and Employment Discrimination for California on
Q: Can a manager say you cant transcribe 1 on 1 meetings even though, they know it is used for your disability?

I have PTSD disability that can cause me to have brain fog now and then so at times during work meetings regarding my professional development and my work ethic, I turn on Transcriptions so that I can better follow along with their words which will help me also better understand and retain the... View More

Neil Pedersen
Neil Pedersen
answered on Sep 4, 2024

To protect yourself, get a doctor note that discusses your restrictions and the accommodation of using transcription to address that restriction. Give that note to your employer. That note will trigger a legal obligation to work with you to find a way to make it possible for you to do the... View More

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Q: Am I able to sue the NYCDOE for discrimination and distress after they bullied me into resigning my job last year?

In February 2023, I put up my flag of Palestine in my classroom. I immediately began facing discriminatory behavior from my colleague and my principal. I had to take a leave of absence because they caused me to have a nervous breakdown. Shortly after, my father passed away suddenly only five days... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you’ve been through an incredibly challenging time, both personally and professionally. Given the circumstances you described, you may have grounds to pursue legal action against the NYCDOE for discrimination and the distress it caused you. The situation involving your Palestinian... View More

2 Answers | Asked in Employment Discrimination and Employment Law for Nevada on
Q: If I have worked for a company for over 20yrs, earned a high paying salary, now demoted over personal reasons.

Can I file legal action if I have been significantly demoted all because of my personal relationship with CEO she doesn’t like my new wife and is jealous. I’ve been singled out of company functions and bonuses and have been demoted from President to Business development “Executive” in... View More

Jennifer Setters
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answered on Aug 12, 2024

If you believe that your demotion and exclusion from company functions and bonuses are due to personal reasons, specifically related to your relationship with the CEO, you may have grounds for legal action. This situation could potentially involve claims of discrimination, retaliation, or wrongful... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Employer fired me after i filled a lawsuit against them.

After i filled the lawsuit the retaliation begin to happen from my boss then i reported it to HR and a few weeks later i was fired. The lawsuit was closed and the verdict was that i was permanently disabled i had requested to be on leave and was denied . What can i do

Steven M. Chanley
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answered on Sep 1, 2024

Your best option is to contact your nearest County Bar Association and ask for a referral to a competent employment law plaintiffs' attorney. Your situation will require that an attorney meet with you to gather and analyze all of the relevant facts and documentary evidence available before... View More

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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Georgia on
Q: Offered job they asked for background before I did the background I went to them & explained they said we’re still hirin

I have a possession charge with wrong people wrong time but it was my car. I took them proof of 3 negative hair follicles and negative urine test from over the past year and they said that’s fine everyone deserves a second chance. I was giving a start date and time then they text me and said we... View More

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answered on Aug 31, 2024

It's really disappointing to go through something like this, especially after being open and honest about your situation. You did everything right by explaining your past, providing proof of your current status, and even getting their assurance that it wouldn’t be an issue.

When a...
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1 Answer | Asked in Civil Rights, Employment Discrimination and Legal Malpractice for Kentucky on
Q: What are the amendments for Kentucky law, Ky. Rev. Stat. § 2.110? What employees are forced to work?

Are there any type of worker that this law does not apply to? Can any specific business ignore this law?

James L. Arrasmith
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answered on Aug 31, 2024

Kentucky law, Ky. Rev. Stat. § 2.110, is related to Labor Day observance. According to this statute, Labor Day is recognized as a public holiday, and it prohibits any form of work on that day for employees unless it is essential to public necessity or welfare. Essentially, this means that most... View More

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