Get free answers to your Employment Discrimination legal questions from lawyers in your area.
I was taken out of work by my neurologist on March 19th due to illness, and a request was submitted for disability paperwork. My doctors provided the information, which my employer insisted on submitting on my behalf. They submitted it on March 28th, after calling me and terminating my employment,... View More 
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answered on Apr 18, 2025
It depends on more detailed facts. You state "in your state" which implies that you may have performed work in a state outside New York. We are licensed in New York and each state has unique labor laws which are at least to federal standards and most go beyond federal law coverage. There... View More
I filed an amended complaint in an employment discrimination civil case. The respondent requested an extension until March 3, 2025, to answer, but the judge never granted the order according to the docket. As of March 26, 2025, I haven't received a response. The court is the US District Court... View More
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answered on Mar 27, 2025
Have you been able to contact the opposing party? I know the litigation is adversarial, but a courtesy call to see what's going on may save you a lot of time and unnecessary stress. You can always file for a default (if the procedural facts so dictate), the question is whether the default... View More
I believe I have been misclassified as an exempt employee under New York labor laws. I was paid$1,000 per week, but deducted a full day of pay when I did not meet the 40hrs and was not paid more than $1000 when worked over 40hrs which is below the required threshold of $1,237.50/week. Am I entitled... View More
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answered on Apr 13, 2025
Under New York labor law, for an employee to be classified as exempt, they must meet the salary threshold and certain job duties criteria. The minimum salary threshold for exempt employees is $1,237.50 per week. If your base salary is $1,000 per week and you are not paid overtime when working more... View More
After 27 years with the FDNY, I was forced to retire in December 2021 due to the NYC Mandatory COVID Vaccination Policy. I wasn't ready to retire, which caused stress on me and my marriage. On my last day, an FDNY doctor told me I was a serious threat to everyone due to my unvaccinated status,... View More
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answered on Mar 27, 2025
You might have a potential discrimination case regarding your forced retirement from FDNY, but several factors would affect your claim. The timing is important, as you were forced to retire in December 2021, and there are time limits for filing discrimination claims that vary by jurisdiction. Your... View More
I was recently let go from my job after working for over a year and a half due to breaking a company policy, despite having a good track record. Another employee who broke the same policy received only a warning. No reason was given for the different treatment, and I have not raised this with HR. I... View More
answered on Mar 4, 2025
If there is evidence indicating that the disparate enforcement of company policy was motivated by illegal bias, you may have a case for wrongful termination based on discrimination against your former employer. Be sure to act in a timely manner as such claims are subject to strict time limitations.
I had experienced a traumatic workplace incident September 2023 that resulted in amputation from a defective device. The employer was liable for the injury and took it upon themselves to hire a maintenance company to repair the machine instead of returning to manufacture company to avoid a lawsuit.... View More
answered on Feb 12, 2025
Hello – your experience sounds awful. You may still have a cause of action against the manufacturer if the defect was known and there was a recall. You might be able to establish liability by having the employer and repair facility testifying your behalf. While it is a challenging case, you still... View More
At my work we have a progressive discipline policy,, so I was recently moved from one manager to another, and a week after I was being questioned for fraternization, because I had a case with someone I knew, now there wasn’t any special treatment or anything, but during the meetings about this my... View More
answered on Feb 7, 2025
If you are not protected by contract, then you are an employee at will and can be fired. However, if you can prove that the overriding reason is that you are a felon, you may or may not have an action as the Executive Law may have been violated. Consult local counsel.
answered on Jan 31, 2025
Sorry to hear what happened to you. The bar for a negligent infliction of emotional distress claim is relatively high and would not likely be met by the incident you described. That said, you could bring a claim for assault which does not require there to be physical contact, just a threat of... View More
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answered on Jan 27, 2025
Yes and no. Both federal and New York State laws protect workers who file claims for harassment and discrimination from workplace retaliation including termination. However, it is not uncommon for employers to violate anti-retaliation laws. So there is still a chance that your employer would... View More
Black woman, 62, EA w/employer 4+ yrs. Hired to support 2 Executives. Good performance evals. Re-Org occurred. I was Temporary assigned to a Director by my Executive. Reason: location. He's in VA, I'm in NYC. Oral agreement w/ Executive made. Prior to Executive leaving Co I reiterated our... View More
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answered on Jan 5, 2025
Based on what you've shared, there may be grounds to explore potential claims of racial or age discrimination and retaliation. Your consistent performance, the specific changes in your assignments following the dismissed cases, and being the only Black female affected are factors that could... View More
I was fired after starting a warehouse job, suspecting racial discrimination.
I received termination text with no prior performance feedback or warning.
answered on Dec 9, 2024
You need show some evidence that their decision was at least in part caused by a discriminatory motive. The evidence can be almost anything that suggests racial bias. For example, if the only difference between you and the other employers is your race (and not a difference in performance, skill,... View More
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
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
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
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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
answered on Nov 6, 2024
Yes, there are many lawyers who accept cases on a contingency fee basis.
I've resigned and want my employer to pay to have the equipment sent back to me. They have refuse to pay this. I received no rent or pay for lending this equipment and it was used to help the business. Do I have any recourse?
answered on Sep 26, 2024
Thank you for reaching out to us regarding the legal issue your facing.
As I understand it there is no agreement in place regarding the equipment. And you voluntarily provided it for use in the course of your employment and your employer's business. Under these circumstances, it's... View More
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
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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
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
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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
The Damaging and Personal attacks this Health Care Facility has spread has prevented me from getting Jobs in this town, Even my Firing was not my Fault. The personal attacks has damaged my Personal Life and Family Life
The Administators tried everything to push me out
All of this... View More
answered on Jun 22, 2024
What you describe could be a tough case. Whether the attorney who dismissed the prospects of a disability case or HIPAA case was an employment law or health care law attorney, defamation-based cases can be costly. Your frustration of what was done to your reputation is understandable, but it could... View More
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answered on May 1, 2024
When considering the ethics of Supreme Court justices participating in the Federalist Society or any similar organization, it's essential to weigh the principles of judicial independence and impartiality against the benefits of intellectual engagement and education that such memberships might... View More
Mgr. of 3mths w/firm threatening/harassing me. I'm 3+ yrs w/company. Just as others I always arrive to work early by 30mins or so for late night requests & ontime arrival. No problems w/previous Mgrs. Great perform reviews. Mgr. now says I need his permission to work OT. Reprimanded 2 days... View More
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answered on Mar 23, 2024
It looks like your pay is on an hourly basis. All employees who are paid by the hour must be paid for all time for which they are permitted to suffer labor (that is language often used by the courts). If you work hours, including overtime at 1.5 times your regular pay rate, you must be paid for... View More
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