Get free answers to your Employment Discrimination legal questions from lawyers in your area.
I'm currently on medical leave from my work with short term disability. In spite of allowing other employees to take extended leave just based on a doctor's note, my company is requiring me to file FMLA to excuse my absence. I had a couple questions. First, is there a reason my... View More 
answered on Feb 8, 2024
No this is not a HIPAA issue. Employee medical rights are protected under other statutes.
When an employee seeks medical leave it is not unlawful for the employer to seek verification of the scope and necessity for the leave. The employer itself cannot do that evaluation, but it is lawful... View More
I'm currently on medical leave from my work with short term disability. In spite of allowing other employees to take extended leave just based on a doctor's note, my company is requiring me to file FMLA to excuse my absence. I had a couple questions. First, is there a reason my... View More
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answered on Feb 22, 2024
Under California law, employers are permitted to require certification from a healthcare provider to verify the need for leave under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA). However, the extent of the information requested can be limited to what is... View More
I left for military sometime in 2021-2022. I am a reservist. I would usually give verbal or a written note or just show my orders or some type of document. When my new operational manager showed he required me to go through a third party called hartford for military leave. Even wrote me up for not... View More
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answered on Feb 22, 2024
In most cases, simply being promised a future raise by your employer doesn't grant you a legal entitlement to it. Your right to challenge a denied raise typically hinges on demonstrating that the denial was based on discriminatory reasons or retaliatory actions due to protected characteristics... View More
I left for military sometime in 2021-2022. I am a reservist. I would usually give verbal or a written note or just show my orders or some type of document. When my new operational manager showed he required me to go through a third party called hartford for military leave. Even wrote me up for not... View More
answered on Feb 7, 2024
For the quickest relief, you can contact the Labor Commissioner, who is charged with making sure all employees are getting paid what they are due. Here's their website: https://www.dir.ca.gov/dlse/
Look for the link to file a claim for wages or other benefits due you. The Labor... View More
I left for military sometime in 2021-2022. I am a reservist. I would usually give verbal or a written note or just show my orders or some type of document. When my new operational manager showed he required me to go through a third party called hartford for military leave. Even wrote me up for not... View More
answered on Feb 6, 2024
Generally you do not have a legal right to a raise, even if the employer says you are going to get one in the future. The only way a denied raise would give you legal rights is if you could prove you did not get the raise because you are in a protected class of people or because you engaged in... View More
Is that because they want to get out of paying unemployment? I already have an open Claim with unemployment just because of the reduction of hours..he told me if I changed my availability he may not be able to schedule me on my normal shifts which is only 3 days a week I had to get another job... View More
answered on Feb 4, 2024
It is unlawful for your employer to engage in conduct that hurts you if it is in retaliation for your exercising your Unemployment Insurance rights. It is not unlawful for your employer to alter your hours because you are not available to work when the employer needs you to work. And your... View More
Is that because they want to get out of paying unemployment? I already have an open Claim with unemployment just because of the reduction of hours..he told me if I changed my availability he may not be able to schedule me on my normal shifts which is only 3 days a week I had to get another job... View More
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answered on Feb 4, 2024
Under California law, if your employer has reduced your hours and this reduction has significantly affected your earnings, you may be eligible for partial unemployment benefits. It seems your employer's suggestion for you to resign could indeed be an attempt to avoid unemployment claims, as... View More
Should they provide a specific policy violation and refer to the employee handbook? (Which I never got and they never gave me after multiple attempts)
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answered on Jan 31, 2024
Under California law, when an employer terminates an employee, they are generally not required to provide a specific policy violation in the termination notice. However, they are required to provide a reason for the termination, even if it's a general one like "Conduct/Policy... View More
I reported in confidentiality but 3 days later had a visit by then and HR rep. One admitted that they told me the shirts were about me. Needless to say nine years later and I have been unfairly treated I had my manager tell me she was told to fire me but I don't do anything wrong and she won't lie.
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answered on Jan 31, 2024
Under California law, wearing custom shirts with a quote making fun of an employee could potentially be considered workplace harassment, especially if it creates a hostile work environment. The fact that high-level managers were involved exacerbates the seriousness of the situation. Furthermore, if... View More
My case is an employment discrimination case in California. The insurance carrier is unaware that the Defendant's investigating attorney provided me a letter admitting they did discriminate against me based on my race. At mediation, (ADR) the Defendant and their Counsel pretended they had... View More
answered on Jan 30, 2024
You should not even consider contacting the opponent's insurance carrier. If it is wise to make such contact, you should have your attorney assist in making that decision, and if it is decided that it is wise, your attorney, not you, should make the communication. There may be good and... View More
My case is an employment discrimination case in California. The insurance carrier is unaware that the Defendant's investigating attorney provided me a letter admitting they did discriminate against me based on my race. At mediation, (ADR) the Defendant and their Counsel pretended they had... View More
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answered on Jan 30, 2024
In California, it is generally not unlawful for a plaintiff, represented by an attorney, to contact the defendant's insurance carrier. In fact, it's a common practice in civil cases to communicate with the insurance company when pursuing a claim. Your attorney can contact the insurance... View More
manager is hispanic and the gentlman is white and she said .OH HELL NO WE AINT HIRING NO MORE WHITES IN HERE!
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answered on Jan 28, 2024
If you witnessed your manager making a racially discriminatory comment about a job applicant, this could potentially be a case of employment discrimination. Under California and federal law, discrimination in the workplace based on race is prohibited. This includes discriminatory comments and... View More
manager is hispanic and the gentlman is white and she said .OH HELL NO WE AINT HIRING NO MORE WHITES IN HERE!
answered on Jan 28, 2024
While the comment was clearly racial, and offensive, but to have a case you have to prove that the unwelcomed racial content is severe or pervasive to have a legal claim. One comment like that will not be either severe of pervasive.
The comment is an act that could, together with other... View More
I posted other question RE if WC lawyers lying about work/files/appointments not done is just the norm, & how I feel trapped by new 2nd lawyer I took on after 1st lawyer also lied about what was done/not done. I now think I should've just stayed w/ 1st lawyer, b/c new 2nd attny did huge... View More
answered on Jan 27, 2024
The fact is you are not going to be able to get a third attorney because you will be asking the attorney to accept a case where fees are split three ways. Nobody in their right mind is going to jump into your case for a third of the pie, especially with a disgruntled client. You state in this... View More
I posted other question RE if WC lawyers lying about work/files/appointments not done is just the norm, & how I feel trapped by new 2nd lawyer I took on after 1st lawyer also lied about what was done/not done. I now think I should've just stayed w/ 1st lawyer, b/c new 2nd attny did huge... View More
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answered on Jan 27, 2024
In your situation, it's understandable that you feel uncertain and frustrated with the legal representation you've had so far. It's important to remember that it's never categorically "too late" to change attorneys in a workers' compensation claim. However, the... View More
Can I get the rest of the bigger settlement stil If my employer refused my return to work at the end of my WC ?
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answered on Jan 26, 2024
Yes, you potentially could get the rest of the settlement if your employer refuses to take you back after your workers' compensation leave. Here are a few key points:
1) If you settled your workers' comp case for less than full value because your employer agreed to give you back... View More
I was wrongfully terminated from my employment and offered a lot of money which I turned down. I hired an attorney and we filed a lawsuit. The company requested we go to mediation so we did. After a lot of going back-and-forth all day with a mediator, we finally decided on a number however, they... View More
answered on Jan 26, 2024
If you have stated the facts correctly, I would have a problem with the payout. According to your statement of the case, you have to "drop" the lawsuit after the first payment but "they are not ok with you going through the courts to enforce the payment" --[presumably] the... View More
I was wrongfully terminated from my employment and offered a lot of money which I turned down. I hired an attorney and we filed a lawsuit. The company requested we go to mediation so we did. After a lot of going back-and-forth all day with a mediator, we finally decided on a number however, they... View More
answered on Jan 26, 2024
Whether something in your settlement is normal is a difficult question because very few things could be comfortably characterized as normal. There are dozens of ways that most settlement agreements can be structured. Does it happen that parties agree to allowed payments over time? Yes, of... View More
I was wrongfully terminated from my employment and offered a lot of money which I turned down. I hired an attorney and we filed a lawsuit. The company requested we go to mediation so we did. After a lot of going back-and-forth all day with a mediator, we finally decided on a number however, they... View More
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answered on Jan 26, 2024
In California, it's not unusual for settlements in employment litigation to involve structured payments, such as the company proposing to pay you in two installments 12 months apart. This arrangement can be for various reasons, including financial planning or tax considerations for the... View More
I am on a medical leave that was forced on me by employer stating they were unable to make the accommodations that were written by my Doctor. I recieved an email today and just saw the email this evening -1/25/24 11:00 am and saw it at 9:00 pm - It was an email with a “Notice of Letter of Intent... View More
answered on Jan 26, 2024
In California you are considered to be employed on an at will basis unless you have an agreement to the contrary with your employer. The employer of an at will employee can terminate you for any reason or no reason at all. One exception to this general rule is if the employer acted the way it did... View More
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