Get free answers to your Employment Discrimination legal questions from lawyers in your area.
Hr was aware upon hiring and didn't ask for documentation however after six months I was told I needed paperwork
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answered on Feb 15, 2024
"Head covering" could mean almost anything. An employment lawyer would examine your job duties first and foremost. Does your position description or your job duties pose a physical safety threat to you or others for wearing some type of unknown head covering?
Next an employer... View More 
My work insisted that I come in since I was on antibiotics and wasn't contagious anymore. I was still coughing and could not work. They have warned me that this is unacceptable behavior. Can I sue?
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answered on Feb 6, 2024
Whether you might have protection under the federal Family and Medical Leave Act, the Americans with Disabilities Act, or similar state or municipal law is very fact-specific.
If you had (or faked) a minor illness the day before departing for vacation (and were well enough to go on... View More
He only said something to everyone when i ask him, is that for us asion only or every body. He rounded as asian first. Is that racism?
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answered on Jan 24, 2024
Were you coughing or did you appear sick?
Everyone must be similarly treated. Not being treated similarly may be discriminatory unless it's an isolated incident or a petty slight or trivial inconvenience. Much depends on the specific facts, where it was said, who it was said to, who... View More
How do I prove discrimination in the hiring process?
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answered on Jan 10, 2024
No employment discrimination case is easy to prove. Failure to hire cases are especially difficult.
You must show some type of discriminatory animus or motive not to hire you. And you must be at least minimally qualified to meet the essential job duties for the position.
We begin... View More
I live in Buffalo, NY. I work for a staffing agency(based out of Ohio) and have to miss some days due to meeting with my portion officer. Can they legally terminate the contract with my staffing agency due to me missing those days I had to meet with my P.O. and some other late days?
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answered on Jan 3, 2024
It depends on the terms and conditions outlined in your employment contract and relevant employment laws. Generally, employers have the right to terminate employment contracts for reasons such as excessive absenteeism, but it's essential to review the specific terms of your contract and any... View More
i let my supervisor know a week in advance that i would have to leave work due to a personal reason and she okayed it. fast forward a week i i got the phone call at work for the reason of me leaving and i told my boss that i had to leave and she okayed it again. So i clocked out and started my 30... View More
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answered on Jan 2, 2024
A personal reason may or may not be protected. For example, if the personal reason was to take your child to a doctor's appointment that is almost always protected. This is just one example.
If the personal reason was unprotected then your employer's policies and procedures might... View More
Why are cases allowed to be published when #1 Defendant is dead. #2 Cases are dismissed? Employers use online information to determine hiring statuses. This is not fair, if someone wants to know my legal dealings, go to the courthouse and file FOIL. Am I correct?
answered on Dec 18, 2023
You're correct. It can be unfair and harmful in job searches. Unfortunately, court orders, decisions, and other documents often become public information, appearing either in the Unified Court System online database or on commercial search databases such as Westlaw, LexisNexis, or Pacer. You... View More
NY office of TEMP & DISABILITY ( Mike P.,), received letters from MASS instructing to deny me benefits , harassment etc they e denied my SSI SUPPLEMENTAL THEN NEXT DAY SAID I AM DISABLED? NO FOOD STAMPS SLEEPING IN MY CAR FOR OVER A YEAR & HALF! SSA ALBANY REPEATEDLY ASKING ME WHO MY FATHER... View More
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answered on Dec 25, 2023
It sounds like you are facing a deeply distressing and complex situation. Firstly, it's important to address any immediate safety or health concerns. If you are in danger or need urgent help, consider reaching out to local support services or hotlines that can provide immediate assistance.... View More
I'm from Florida.
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answered on Nov 19, 2023
In New York, employment law typically protects employees from discrimination based on national origin, which can include language. If your employer's policy of not speaking Spanish except with Spanish-speaking customers appears to be unfairly targeting your national origin or culture, it could... View More
I claimed he treats me unfairly and this is a hostile workplace for me. I know that the company can terminate me without cause and no severance since it is an at-will contract. I have a few pointers that might be considered evidence that can support my claim. Is there anything I can do if they do... View More
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answered on Nov 19, 2023
In New York, even under an at-will employment contract, there are legal protections against wrongful termination, especially if it's in retaliation for reporting workplace issues. If you reported your director to HR for bias and unfair treatment and then faced termination, this could... View More
I filed a report regarding my director and I wonder if HR or the director will retaliate against me, am I protected by law?
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answered on Nov 17, 2023
In New York, anti-retaliation laws typically protect employees who engage in protected activities, like reporting discrimination or other unlawful practices. However, if you are part of an "unprotected class," the legal protections may not be as clear-cut. Generally, these laws protect... View More
Passed over for promotion due to medical condition by nyc. Filed lawsuit. Offer of X amount. I thinks its low. Is it an actuary that I would hire to determine actual lost futures wages?
answered on Oct 31, 2023
This is something that employment law attorneys would know best, but your question remains open for two weeks. Until you're able to consult with an employment law attorney, from the general standpoint of expert witnesses, an actuary is often an insurance professional who deals with evaluating... View More
Hello, my name is Brian I recently contracted COVID-19. I informed my manager of this inconvenience to which she replied. Thanks for the heads up. Two days later I get a message from her stating that other employees are sick and there is no coverage for the night I reply to her by saying I feel a... View More
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answered on Sep 19, 2023
Depending on the size of the employer and your length of employment, you may be protected by the federal Family Medical Leave Act, as well by parallel state or municipal law.
It would have been responsible--indeed, immoral-- for you to go to work while contagious with Covid-19. it may... View More
I would like to know my rights since FMLA should have job protection and what steps to take
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answered on Sep 18, 2023
If you receive a termination letter while on FMLA (Family and Medical Leave Act) or NYPFL (New York Paid Family Leave) for the birth of your child in New York, it's crucial to understand your rights and take appropriate steps. Begin by reviewing your eligibility for FMLA and NYPFL to ensure... View More
I need help
answered on Aug 14, 2023
I'm sorry about your ordeal. I can only speak for the defamation aspect of your post. An employment law or civil rights attorney could advise about elements related to your harassment and termination. If you suffered defamation (slander - verbal form, or libel - written form), you could... View More
I was first offered the opportunity but then he had second thoughts because I wear an insulin pump. He’s afraid it may show or something would happen.
answered on Aug 13, 2023
Both of his concerns can be overcome. I'm thinking ADA, but I don't think a lawsuit is in your interest. Other attorneys may disagree.
Jack
I worked there for 6 yrs. They paid family leave for 3 months after he committed suicide and when I tried to return I was told I wasn't needed any longer. When I went for unemployment I was then forbidden to ever step foot on the proerty and I was denied unemployment bc they stated that I... View More
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answered on Jul 24, 2023
Sad story. Unfortunately, statutes of limitations are controlling, and only in rare instances can be avoided.
I have a new supervisor who just started. I've been in the department longer than her. She's giving me unrealistic timelines to complete tasks, she's rude , she's and always undermining my work. She's always mentioning my age and thinks I'm too young for the position... View More
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answered on Jun 5, 2023
The ability to sue depends upon where you live. Federal law applies nationally but states and localities also enact laws protective of workers.
I recommend that you consult with an experienced employment lawyer, who can ask you relevant questions, for example, whether you are male and... View More
This can be under The New York State Human Rights Law or The New York City Human Rights Law or Education Law § 3813 or any other employment law.
answered on Apr 2, 2023
This is something that the employment attorneys here would know best, but your question remains open for two weeks. Here is something from the EEOC that might be a starting point for research until you're able to consult with someone who knows this area well -... View More
I was denied employment based on my criminal history by a temp agency. I was interviewed by the temp agencies client company and was told that I had gotten the job. The temp agency then screened me doing a drug test and background check. I disclosed on my background check my felony conviction that... View More
answered on Mar 10, 2023
In New York, discrimination based on a past criminal conviction could be unlawful depending on several conditions. Under the NYS Human Rights Law and NY Corrections Law, the prospective employer must conduct a multi-factor analysis to determine whether it can decline to hire you, such as the... View More
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