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
I received an email of me being terminated from my employer due to being pregnant. I filed a charge with EEOC.
answered on Mar 8, 2023
I'm sorry to hear about your situation. Whether you should get a lawyer depends on your goals with the EEOC Charge of Discrimination (settlement, mediation, litigation) and your damages from the experience. A lawyer will bring the expertise, advocacy and stress relief you may need during... View More
I worked remotely and did not inform my manager. This has never been a part of policy or an issue for the 5 years working for this company -- There is still no officially stated policy for doing so. My manager was personally upset I wasn't in the office and that I did not reply to their email... View More
answered on Jan 10, 2023
This may be a breach of contract. I need to read your contract. Also, I am finding that employers are violating certain laws based on mandated pay polices. I am working on an issue like this now.
They take my insurance in February and they fired me March and also I thing they.broke the rules and they have alot favoritism I work for 20 uears6
answered on Jan 10, 2023
It is difficult to understand your question, but if you have been discriminated against in some way you may have a claim. I would need to learn more.
I just got fired from my city's probation department, I was a county clerk. This is a small town in Texas , the issue is that too many people reconzied me , they essentially fired me because I knew too many probationers, that's her words.. is this age discrimination? The only reason I... View More
answered on Dec 20, 2022
No.
An essential part of an age discrimination claim is that you are age 40 or older.
Your question states you are in your mid-twenties.
I constantly ask for the HR departments information and the GM never wants to give it to me he also doesn’t want to give me email documentation over the investigation he did but he wants to speak with me and I honestly don’t know what to do because I feel like they’re trying to set me up
answered on Dec 4, 2022
In Texas, it is legal to record a conversation to which you are a party. We are a “one-party consent” state. You do not even need to tell the other party you are recording.
Be sure to state clearly and consistently that, despite your pregnancy, you remain able to perform all of your... View More
The background check showing a murder charge instead of attempted murder has made it very difficult to find meanfull employment? Should I sue the county? I was released in 2012 and have notified them of this mistake. It is severely damaging my quality of life.
answered on Nov 27, 2022
It is pointless to sue the county as it is most likely immune from any civil damages in such a case.
I recommend you obtain certified copies of your indictment, any arrest warrant affidavits, and the order disposing of the criminal charges against you and provide them to any prospective... View More
I have 6 felonies4 of witch are sexual no convictions or arrests since 2008 no trucking company will touch me and iv had several of them tell me blatantly that I am disqualified from employment for my offenses
answered on Nov 23, 2022
The EEOC investigates claims of unlawful employment discrimination. It has published a guide on how and when employers may use a job applicant's arrest and conviction record to screen applicants. This guide is focused on when using this information to screen job applicants constitutes... View More
I submitted an ADA request to my employer. They approved it based on a doctor's recommendation without consulting with me. I did not agree to the accommodation approval as it did not accommodate my situation because I have a special needs newborn in and out of the hospital and I need to be... View More
answered on Nov 22, 2022
Whether an employer has made reasonable accommodations to enable a qualified individual with a disability to perform essential job functions or to have the same privileges as employees without a disability without undue burden on the employer is a fact intensive determination. There is no way of... View More
I submitted an ADA request for a 3 day a week with a part-time schedule to my employer signed by a doctor. I'm a 4x combat veteran and have a special needs newborn so I have to make it to appointments.
The employer received the request and approved 4 days based on my doctors... View More
answered on Nov 17, 2022
There is something missing in the way you have phrased your question.
What you wrote is that you submitted a request for an accommodation with a doctor's signature, and your employer approved it based on your doctor's recommendations.
That is a textbook example of an... View More
I have a lot of documentation on situations and incidents stating back in September of 2021 started documenting the beginning of 2022 in regards to retaliation from management and all shapes and forms what can I do is start to become intolerable to work
answered on Nov 4, 2022
Retaliation is a recognized cause of action in discrimination cases. Maintain a detailed log or diary of your managers’ actions toward you. Then bring it to the lawyer who handled the prior discrimination claim that you think your managers are retaliating against you for. If you can’t bring... View More
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