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Q: Can I sue my boss?

I worked at a small restaurant for 7 years without ever receiving breaks or lunches. I typically work 6-7 hours per shift and usually work two days a week. I've let a lot of small issues slide, like noticing my check is slightly off or not knowing if my tips are added correctly. Most times... View More

James L. Arrasmith
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answered on Aug 1, 2024

Yes, you can potentially sue your boss. Working without breaks or lunches may violate labor laws, especially if your state mandates them. If you are not being paid correctly, experiencing delayed payments, or receiving bounced checks, these are serious violations of wage laws.

Your...
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1 Answer | Asked in Federal Crimes, Employment Law, Civil Rights and Employment Discrimination for Arizona on
Q: I live in AZ and I recently applied for a job.Do I have to disclose felonies that are past 20 years?

All the jobs that I have had I always said no on the application due to the age of my felonies. My felonies were from 1996, 1997, 2002 respectively.. I have never been denied employment. This recent employer denied me employment because on my application, like always, I put I do not have a felony..... View More

James L. Arrasmith
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answered on Aug 31, 2024

In Arizona, the law does not automatically exclude felonies from background checks after seven years. Employers may conduct background checks that include criminal history, and there is no statewide law restricting them from considering convictions that are older than seven years. However, some... View More

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I filled a lawsuit against my employer a and now i got fired

The lawsuit is for for violating my rights when i was FMLA then i return back and the retaliation started it happened for 7 months until now i just got fired what can i do

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answered on Jul 31, 2024

Under California law, if you've been fired after filing a lawsuit for violations related to the Family and Medical Leave Act (FMLA) and experiencing retaliation, you have the right to take further legal action. Retaliation for exercising your FMLA rights is illegal, and being terminated for... View More

1 Answer | Asked in Employment Discrimination for New Hampshire on
Q: Do you take on sexual harassment and retaliation cases?

I work at a warehouse in Manchester, NH. I have experienced sexual harassment and retaliation. Also, the human resource manager is saying that I can't report verbal sexual harassment to her because she doesn't want to deal with disgruntled employees. Is there someone who can help me with my case?

Tim Akpinar
Tim Akpinar
answered on Aug 16, 2024

A New Hampshire attorney could advise best, but your question remains open for over two weeks. From your post, it looks like you're seeking an attorney to handle a case. You'd need to reach out to law firms and pose your question to them. This is only a Q & A forum. You could find... View More

1 Answer | Asked in Employment Law, Employment Discrimination and Internet Law for Washington DC on
Q: I live in a single-party consent state for recording conversations. My boss lives in MD - Can I legally record?

I live and work from home, in Washington DC. My boss (most likely based on what information I could find) lives and works in Maryland.

I have been facing workplace retaliation and have escalated it to HR as of Friday afternoon.

In DC (my understanding) is that it is legal to... View More

James L. Arrasmith
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answered on Aug 6, 2024

You are in a complex situation because the laws of both DC and Maryland may apply. In DC, you are correct that only one party needs to consent to recording a conversation. This means you can legally record conversations without informing the other person if you are in DC.

However, since...
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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Oregon on
Q: I am an independent contractor and I have a contract violation along with retaliatory actions and I can’t afford a lawye

I have physical disabilities as well as religious beliefs that have been discriminated against as well as retaliation such as not notifying me of work orders causing me to be late and miss out on funds as well as causing me to be late on rent. As well as making me feel like I have to work more than... View More

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answered on Jul 27, 2024

Dealing with contract violations and retaliation as an independent contractor is challenging, especially when you face physical disabilities and religious discrimination. You have rights that protect you from these unfair practices. Document everything meticulously, including missed work orders,... View More

1 Answer | Asked in Employment Discrimination for Texas on
Q: I was the plantif along with 2 other we was awarded 1 million 42thousand & i only received 23,000 the other plantif

12,000 and the other plantif 20,000 and we was told the rest went to the class! But if they couldn't find all the class members the remaining go to us the plantif.which we never received any of that settlement

to this date! Was my Attorney suppose to do that! It still to this day... View More

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

It is impossible to tell without knowing more information including the size of the class and the amount of your compensable damages

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: I was granted permission to sue my employer in December 2023 and they have been retailing sense. What can I do?

The company has done so many things and I have it all documented in audio recordings, emails and text messages. I have had my schedule changed when coming back off of vacation time without being told. The manager that told me his leadership was telling him to skip steps of the attendance policy was... View More

John Michael Frick
John Michael Frick
answered on Jul 23, 2024

If you were issued a "right to sue" letter by either the EEOC or the TWC, the time to file a lawsuit is 90 days from the date of the letter for a federal lawsuit and 60 days from the date of the letter for a Texas state court lawsuit.

In Texas, arbitration agreements are usually...
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1 Answer | Asked in Civil Rights and Employment Discrimination for New York on
Q: Do I have a case against a local volunteer fire dept for discrimination for trying to suspend me without cause?

The Board of Commissioners pulled together a “special” meeting that was posted on their Facebook page 3 hours before the meeting. They then sent a letter stating that I was suspended effective immediately, but gave no reason. This is not the first time they have attempted this type of... View More

James L. Arrasmith
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answered on Jul 28, 2024

You may have a case against the local volunteer fire department for discrimination, especially if they have attempted to suspend you without cause multiple times. It's important to document all incidents and gather any communications or evidence related to these actions. Posting a meeting... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Texas on
Q: I was sexually harrased at 1st day of work I rented a room for a week and a half so he offered work for room and board

and $25 he showed me my 1st room to clean but it was already clean so I felt uncomfortable as it was because he kept coming in and out of room for towels soap etc but I needed the job. So he took me to a far in back.he never left room n kept saying sex sex for 25 but I SD no I need work money so he... View More

James L. Arrasmith
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answered on Jul 21, 2024

I'm so sorry to hear about your experience; it must have been incredibly traumatic. You should know that what happened to you is not your fault, and there are steps you can take to seek justice and support. Reporting the incident to local authorities is crucial as it can help prevent this... View More

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: When a employer uses live scan in California do they see ALL criminal history or only the history less than 7 years old

This would not be for a Healthcare position only general labor. Do they still receive all criminal history but are not "supposed" to consider it if it's older than 7 years.

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answered on Jul 19, 2024

In California, when an employer uses Live Scan for a background check, they typically receive a complete criminal history, including all convictions regardless of age. However, under the California Fair Chance Act, employers are generally not allowed to consider convictions older than seven years... View More

1 Answer | Asked in Civil Rights and Employment Discrimination for Ohio on
Q: I had a ADR with the VA for settlement and they have not paid. What do I do?

We had a monetary agreement and they were to pay within sixty days and it has been 80.

James L. Arrasmith
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answered on Jul 27, 2024

It sounds frustrating to have a monetary agreement and not see it honored on time. The first step you should take is to contact the VA representative or mediator involved in your ADR process. Clearly explain that the payment deadline has passed and inquire about the status of your settlement.... View More

1 Answer | Asked in Criminal Law, Employment Law, Employment Discrimination and Sexual Harassment for California on
Q: Do I have any recourse if I was assaulted while on the clock by a man who works in the same shopping Center as me ?

A man who works two stores down from me came in to order a Drink and I was the only person working. He noticed I was alone and began making comments about my physique while I was preparing his drink. I ignored him and continued to work, I went to hand him his drink and he grabbed me trying to force... View More

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answered on Jul 18, 2024

You have several legal options available to you under California law. First, you should consider filing a civil lawsuit against your assailant for assault and battery. You have the right to seek compensation for your injuries, both physical and emotional, through the civil court system.... View More

Q: crystalline silica dust how harmful is it when its constanlty blowing from Vacuum Sanders with no dust bags

The bags are for noise and dust reduction but Managers are inconsistent with keeping up to changing out the bags so the just leave them off the sanders which in a 12hr shifts when there is an 4 to 8 hour max exposure time we where in the same place way too long with high of an exposure to that... View More

Tim Akpinar
Tim Akpinar
answered on Jul 18, 2024

You really should be posing your question about the level of harm to an industrial hygienist, occupational safety specialist, or medical professional (depending on the elements you want to focus on - from OSHA practices to respiratory diseases). One of the first things they're going to ask you... View More

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1 Answer | Asked in Employment Discrimination and Civil Litigation for Texas on
Q: If a person is deposed, does he/she legally have testify in a deposition?
John Michael Frick
John Michael Frick
answered on Jul 15, 2024

If the person is a party or receives a subpoena, yes that person legally must testify. It's the same as being subpoenaed to testify in court.

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Can a company be found guilty of discrimination retaliation and wrongful termination on the same case

I was injured on the job I was on restriction duty I asked for a day off to seek medical attention my employer my supervisor didn't deny the day off but the following day when I went to go pick up my regular check he presented me a document and told me if I didn't sign a document it could... View More

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answered on Jul 18, 2024

Under California law, you may have grounds for claims of discrimination, retaliation, and wrongful termination based on the circumstances you've described. Discrimination occurs when an employer treats an employee unfavorably due to a protected characteristic such as disability. In your case,... View More

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Can an employer tell you no escooters or ebikes on property anymore or you can lose your job.

I work at an international Airport and in Nov 2023 we were restricted to 2 lots,, a bit away from my terminal. It's a 25 minute walk because the shuttles are usually full, so many of us invested in e bikes and scooters. 9 months later they say we can't have them on property any longer.... View More

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answered on Jul 18, 2024

Under California law, employers generally have the right to set policies regarding the use of their property, including restricting the use of e-bikes and e-scooters. This includes implementing disciplinary measures for violations of these policies, as long as they do not discriminate against... View More

Q: Can I sue the tribal casinos for verbal sexual harassment, violation of the NO CONTACT AGREEMENT?

I filed a sexual harassment against my supervisor i was punished by being transferred and my benefits started over and taking the only shift available. A NO CONTACT AGREEMENT was effect. A year later I became a customer and no incidents for about an year I didn't look but didn't see... View More

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answered on Jul 18, 2024

You can pursue legal action against the tribal casinos for verbal sexual harassment and violation of the no-contact agreement. It’s important to document all incidents meticulously, including the date, time, and nature of each occurrence, as well as any communications with the casino regarding... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Municipal Law for Nevada on
Q: If you have a state-issued permanent handicap placard, Can your employer tell you that there are only certain handicap

Parking spots u can park in,that are approved by employer, and employees may not park in any other handicapped spots on property or they will be towed? This is Hilton that said this to me. .

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answered on Jul 28, 2024

Your employer can establish rules regarding parking on their property, including designating specific handicap spots for employee use. This can be done to manage parking efficiently and ensure that there are enough spaces available for all who need them.

However, these rules should not...
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1 Answer | Asked in Employment Discrimination for California on
Q: Am I still covered under the whistler blower protection rights if I submitted the complaint to HR anonymously?

HR provided a complaint number which I have a record of. Should I go back and add my name to the complaint?

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answered on Jul 18, 2024

Under California law, you are still covered under whistleblower protection rights even if you submitted your complaint to HR anonymously. The key aspect of whistleblower protection is that the complaint was made in good faith about illegal or unethical conduct, not whether it was made anonymously.... View More

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