Because while I was in another state. Where I don't live or work. That drug test was given to dhs and my kids where interviewed , and then when I got out Hospital. I returned to work just to be fired. Cause my job had got referral from dhs . And they said I was fired cause the drug test from... View More

answered on Nov 9, 2023
It depends upon your former employer's drug policy and, most likely, on what drug you tested positive for.
My case was for retaliation in a discrimination case. I can almost guarantee that the EEOC did not investigate. I had a lawyer who represented me, for a whole year, starting in Sept of 2022. Then when the right to sue was issued they did not want the case, and having a deadline of 90 days, they... View More

answered on Nov 3, 2023
You can sue the lawyer for breach of contract. Be sure to read your contract to make sure it does not give the lawyer the right to unilaterally drop your case. In order to prove damages, you will need to prove your underlying EEOC claim and prove that you would have been able to collect those... View More
My HR Director and I have had issues in the past, but most recently I received my Annual Evaluation where my direct supervisor gave me glowing remarks and I was to receive the top rating, but the HR Director refused to sign off on it and demanded that my supervisor lower the rating to a "Meets... View More

answered on Oct 31, 2023
If the hostile environment is based on race, color, religion, sex, national origin, age (over 40), disability, or genetic information, it may give rise to a legal cause of action. In that instance, you should contact an attorney. Otherwise, it may simply be an internal HR matter
This came up because of a request to take time off. And management stated no because it was to many request for time off. And they blame it on a certain person.

answered on Oct 3, 2023
Generally, outside of the workplace, a manager cannot dictate who an employee can or cannot be friends with. However, within the workplace, employers might have policies or codes of conduct that address relationships or fraternization to avoid conflicts of interest or perceived favoritism.... View More
Many older employees with medical issues are now contemplating to retire early. It was said accommodations will not be long term ,you will need to have a release date. If you have back issues, shoulder surgeries, hip issues. But because you hold a certain certification you are mandated to attend... View More

answered on Sep 24, 2023
Meeting neutral generally applicable physical fitness requirements as a condition of employment in a job where fitness is important isn’t discrimination.
If women were held to a different tougher standard, or if older employees were held to a different tougher fitness standard than... View More

answered on Sep 13, 2023
Failing to truthfully disclose information when applying for a job often results in employment being terminated. If what the employer is saying is true, you may not be entitled to unemployment compensation as a consequence of your deception.

answered on Aug 27, 2023
They cannot fire you for being injured or for making a worker’s compensation claim.
charged with and later dismissed due to lack of evidence
3rd degree felony with terroristic threats
event occurred in 2019, statue of limitations apply.
event occurred in a PRIVATE PROPERTY
event did NOT take place: caused impairment or interruption of public... View More

answered on Aug 16, 2023
It seems the correct cause of action for your particular facts would be a lawsuit for malicious prosecution. In order to prevail, you will need to show the following:
1. A criminal prosecution was commenced against you
2. The defendant initiated or procured the prosecution... View More
I was working for contract company in a nursing home. The administrator and nursing directors of the facility sent intimidating messages through my director to me because they didn’t like my required reporting of changes in patient conditions, which I am legally, ethically, and morally obligated... View More

answered on Jul 26, 2023
Since you were laid off, and not fired for cause, you have standing to collect unemployment benefits from your former employer. You can apply for such benefits online through the Texas Workforce Commission website and most likely will not require the services of a lawyer.
The company where I work has this problematic person with more than 20 complaints. She is white and very problematic, very calculated but also has bipolar mental problems. She has made the work a toxic environment unbearable for everyone who has to be walking on eggshells, not to offend that... View More

answered on Jul 20, 2023
You can file a formal complaint against your co-worker with your employer. You should be as detailed and specific as possible if you genuinely want action to be taken. I recommend not saying anything about her having "bipolar mental problems" to avoid raising any red flags about... View More
I am 47 and in Texas. Is it Legal for potential employers to ask for all this information?

answered on Jun 12, 2023
It is unwise to ask such questions on a job application because it can generally be assumed that information requested on a job application will be part of the basis for making an employment decision, and discrimination on the basis of race, sex, and age is unlawful. It is not illegal per se, but... View More

answered on Jun 12, 2023
Most lawsuits involve incident that happened in the past. But there is a statute of limitations which may be a defense to a lawsuit if the events occurred too long ago.
It's the way they are going about it and it's not feeling right at any angle...Yes they did know about my previous health and just after all these years being employed is this legal !

answered on Jun 9, 2023
The answer to your question heavily depends on whether you are still capable of performing all your essential job functions.
Depending on the size of your employer, you may have FMLA options.
Court when you're with a union. Judge said it was part of railroad act... Please help. Can the case be filed within the two year mark

answered on Jun 5, 2023
Your submission raises a complex question as to whether your claim under the ADA is preempted by the RLA or by the terms of your union’s collective bargaining agreement with your employer.
See https://www.thefreelibrary.com/Protecting+railroad+workers+with+the+ADA.-a016995247... View More
What can I do if my job pulled me to the side and decided to terminate me due to “making negative comments of management “ without a write up, warning or any type of notice nor proof. After asking for a termination letter with a statement of why, HR agrees and doesn’t include the reason in... View More

answered on May 3, 2023
If you have an employment agreement that expressly limits the grounds on which your employer may terminate your employment, you can possibly sue for breach of contract if your employer terminated you for reasons not encompassed within your employment agreement.
My employer forced me to get the COVID-19 vaccination as a condition for hire. I had inquired if there was any other way to get hired without having the COVID-19 vaccination and I was informed that there was not. I had found out later that there were exemption forms for existing employees after... View More

answered on Apr 27, 2023
Under Texas Executive Order GA-40, the only penalty for an employer requiring an employee to receive a COVID-19 vaccine is a fine of $1,000 under Texas Govt' Code Section 418.173. It does not create a private cause of action that you can sue under. Moreover, you have not suffered any... View More
But I worded it differently . The guess over heard and was offended. I went to the guest and reinterated that when I said it I was asking it like a question . The coworker said Lokk at the baddy with a fatty , I said not a baddy with a fatty. However the quess accepted my apology. Later on that... View More

answered on Apr 21, 2023
You do not mention any facts that suggest unlawful employment discrimination on the basis of race, color, religion, sex, ethnicity, age, disability, or pregnancy.
I was terminated yesterday, with the stated, "criminal charges and have violated ethical standards set forth by the Behavior Analyst Certification Board (BACB)". I do not have any criminal charges, and informed the BACB of the arrest, to which they responded no ethical violation was... View More

answered on Apr 8, 2023
Without knowing what you were arrested for, it is not possible to form an opinion as to whether this incident meets that particular provision.
As a licensed professional, you should have a written employment agreement that clearly delineates the circumstances under which your employer may... View More
I live in Texas and the company that employees me was bought by a company based out of Canada. They also bought other similar companies and merged us to together, and based our managers out of Mexico. I have asked for a raise 2 years in a row and both times was told "you make more than your... View More

answered on Mar 31, 2023
It is definitely discrimination but that does not necessarily mean it is unlawful discrimination.
Employment discrimination is unlawful if it is based on your being a member of a protected class, for example race, color, creed, ethnicity, sex, disability, or age.
In January of 2022, I filed a complaint against my manager to her manager. I also involved HR since a similar complaint that was filed two years prior was overlooked by her manager. Almost immediately after her manager spoke to her, she began retaliating against me. She began excluding me from... View More

answered on Mar 10, 2023
It depends on the nature of your complaint against your manager.
Your retaliation discrimination complaint must show that you engaged in protected activity in the investigation of an employment discrimination complaint based on race, color, national origin, religion, sex, age, or... View More
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