Get free answers to your Employment Discrimination legal questions from lawyers in your area.
Hello,
My boss and I got into a heated disagreement. Afterwords I told my co-worker I needed to leave because I was so upset . The next day I reached out to another co-worker to cover my shift which is protocol when we know we'll be calling out. The next day my boss sends me an e-mail... View More 
answered on Jun 20, 2018
If you did not resign, I would not "hand in a resignation." However, your employer has the right to just fire you instead. This may be retaliation, but it would not be unlawful retaliation for which you can file an employment claim. As for the discrimination, if you have lost your job... View More
I documented date and time of employee discrimination incidents because I know it is being recorded. It is the security surveillance of the building. It's recorded daily. Give them date and time, they can pull it up.
answered on Jun 19, 2018
You may be able to use the video if you have it. If you have an EEOC proceeding, let the investigator know you have the vide and offer to submit it to him/her. As for court, you would have to demonstrate several things to the Judge including that the video is what it purports to be (i.e. is the... View More
Bc I'm on parole
answered on Jun 3, 2018
Yes. North Carolina is an employment-at-will state where you can be fired for good reason, bad reason or no reason at all. It does not matter whether the ALE officer says you can bring the alcohol or not as your employer can fire you either way.
If you have provided medical accommodations information regarding your bathroom breaks can a job request that you make up time
answered on May 28, 2018
North Carolina has no law that applies to this situation and only the federal Americans With Disabilities Act applies. In short, yes they can request you make up the time.
I am an employee in NC who has injured a toe and have received a doctor's note to "avoid prolonged periods of standing" at work for 1 week. My employer has told me I cannot come into work all week because of this, even though many of my job duties include working at a desk where no... View More
answered on May 28, 2018
Employers in this state are not required to honor doctor's notes or change, modify or remove any job duty due to a health/medical condition unless same is covered by the FMLA or the ADA. It is hard to tell if your situation is covered by either law from these facts, but my guess is that it is not.
HR and Employee Relations have had to intervene on my behalf back in Dec and Jan due to my boss retaliating against me by giving me additional work not given to the rest of the team. It's a long story, but eventually my stressful work environment took it's toll and I had an anxiety... View More
answered on Mar 8, 2018
In general, yes your employer can deny the doctor's request. If you are covered by the Americans With Disabilities Act, the employer has a duty to consider reasonable accommodations for your condition (with or without a doctor's note). The decision on whether the employer has a duty to... View More
Recently dismissed from a company after 15 years without incident or cause. I am a mid 40s, white female. Was told "the brand is moving in a different direction." And yet, the current supervisor (white male) filled the same position with one of MY former employees (white male).
answered on Mar 1, 2018
Yes, unless the reason the male was placed in your former position due to sex. If you allege that it is due to sex, you will need sufficient evidence to prove sex was the reason. You have 180 days from the incident of alleged discrimination to file a charge with the EEOC.
answered on Feb 4, 2018
If your employer has 15 or more employees, it is covered by the Americans With Disabilities Act. The ADA requires employers to keep employee health and medical information confidential. Such information can only be shared with folks who need to know. You can get more information from the US... View More
discrimination? I work in healthcare. Myself and the HR person was told by my manager, light duty was reserved for employees injured on the job. I had surgery in October and remained on short term disability for 6 weeks which created a hardship for my family. But the manager allowed another... View More
answered on Jan 17, 2018
Not automatically, but it does suggest unlawful discrimination. I recommend consulting with an experienced employment attorney to help you determine whether it was unlawful discrimination and to discuss your options moving forward.
I felt really uncomfortable but did not say anything. Comments where not for me. What are the steps I should take to report this behavior. What are my options?
answered on Jan 13, 2018
Not really sure what options you have. I recommend looking at your employee handbook and/or speaking to HR.
However, racist or discriminatory comments on one occasion are not, by themselves, unlawful. To be unlawful harassment, the comments would have to be repeated on multiple occasions... View More
They have a no phone policy inside the building but I was outside also 2 other employees got into trouble for their phones but they didn't get any consequences, also we had a big snow and they wouldn't let us go home I called them and told them at lunch the roads we're bad and they... View More
answered on Dec 30, 2017
This is an at-will employment state where an employee can be fired for any reason even if it is unfair. You may be able to sue for wrongful firing if you can show that unlawful discrimination or unlawful retaliation were the "real" motive for your firing. You mentioned that others were... View More
answered on Dec 23, 2017
This is a tough question to answer. Let me give you the "legal" side, in overview, and then you can weigh that against your own personal "practical" side. First, there is no need for HR to take your complaint, case or situation seriously unless there is a legal reason to.... View More
My disability didn't prevent me from completing work, and I was let go for reasons besides inability to complete work, though my disability may have contributed to actions that led to being let go.
answered on Dec 14, 2017
It is hard to say without consulting with you as many more facts are needed which would also bring more questions. In general, you do not have to identify the exact disability. However, you will need to have identified enough about the disability for the employer to have determined it was a... View More
The situation I am referring to is I was a temp through the resource and I worked with Jockey, A pallet I had partials on was put with other pallets that should have never been moved and my supervisor came to me told me to check my count and case tags. She went on vacation and it went down hill... View More
answered on Aug 14, 2017
This is an employment-at-will state which means you can be fired (or treated poorly) for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against you. There are generally only two forms of unlawful motives: unlawful discrimination or... View More
I've been harassed throughout the school year. My new boss said I had an "agenda" because I sent two African Americans to detention repeatedly. She created chaos, promising no consequences to students & not allowing me to send students out, among other things. Four days after I... View More
answered on May 30, 2017
This is an employment-at-will state which means you can be fired for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against you. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful retaliation.... View More
I have texts msgs. Our OT is paid in cash so not on books and is not time and 1/2... I was hired for Monday thru Friday but initially for 2 months worked every weekend. I put in notice but we talked and I agreed to stay on per his request. Now through another employee he has promised her my shift.... View More
answered on May 23, 2017
There is not enough information in this post to give you detailed advice. Really, you need to consult with an experienced employment attorney for such advice. Even so, under both state and federal law, an employer must pay you overtime for all hour worked over 40 in a workweek. This assumes that... View More
answered on May 18, 2017
This is an employment-at-will state which means you can be terminated for any reason and there is no liability for the employer unless there is an unlawful motive for the termination. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful retaliation.... View More
I think my employer discriminated against me because I'm pregnant. I had told my employer since I started almost 2 years ago that I wanted to become a manager one day. She fully supported this and I climbed the ladder to an assistant manager within a year. Finally an opportunity came for a... View More
answered on May 17, 2017
If your employer has at least 15 employees, then yes it appears the Pregnancy Discrimination Act has been violated. The attorneys on here are prohibited from soliciting you to retain them, but if your employer has at least 15 employees you should contact an experienced employment attorney... View More
Years. When I told my manager she said, she did not know and it was an mistake, and changed it. Shouldn't I be getting back pay.
answered on May 9, 2017
It depends on the situation. However, if you have a written pay plan or promise of specific wages and the employer did not pay that amount, then you will likely have a claim under the North Carolina Wage and Hour Act. Keep in mind, that the employer is not technically required to pay those back... View More
They said this was the only reason.
answered on May 9, 2017
Unfortunately, yes it is. North Carolina is an employment-at-will state where you can be fired for good reason, bad reason or no reason at all.
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