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Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination, Employment Law, Personal Injury and Social Security for Arizona on
Q: I am without gainful employment with an unnoticed permanent total disability of a traumatic brain injury can I get help

Due to an industrial commission stipulation agreement the state of Arizona's benefits have been denied due to a false interpretation of the disability

Tim Akpinar
Tim Akpinar answered on Dec 7, 2019

I'm sorry for the impact this injury has had upon your life. You chose categories that make sense for injury/disability. But you mention the Industrial Commission of Arizona. If this involves an injury that occurred in the course of your employment, and you had a workers' compensation attorney at... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law, Civil Rights and Education Law for California on
Q: Can an employer hire you as a 1:1 instructional aide and assign you to do the work of a behavioral aide?

The pay is the same and both are classified positions in public schools. However, the job descriptions have a bit of overlap but are mostly different and the behavioral aide role requires specific training, skills, and direct communication with behavioral specialists among others. Is it legal to... Read more »

Louis George Fazzi
Louis George Fazzi answered on Dec 6, 2019

I suggest that you talk to a manager in your Human Resources (HD) department and explain your situation. Since you are working for a public entity (although you have not indicated whether you are in permanent status yet), you should be able to consult with HR about your specific position and its... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Is it wrongful termination if what was documented on the exit interview sheet, was not the main reason for dismissal?

During my exit interview it was noted that I violated company policy by "destruction of company property in excess of $500." I gave a statement to my supervisors and noted that the main reason for my action was due to an avoidance of a potential fatal collision with a bicyclist that was going in... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 6, 2019

I am sorry but you have no wrongful termination claim based on these facts.

An employer does not have to state any or all of the reasons for its decision for terminating you when it does. Requiring you to undergo a post-accident drug test was lawful. Terminating you for a dirty test is...
Read more »

1 Answer | Asked in Employment Discrimination for California on
Q: Are Post Release Offenders eligible for termination after 6 months of good behavior.?
Louis George Fazzi
Louis George Fazzi answered on Dec 4, 2019

You have provided insufficient information to allow for a reasonable response to your inquiry.

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Florida on
Q: Fail to respond to Report and Recommendation

Pro se failed to respond, due to confusing and not calculating date correctly

I want to ask the court, plead to consider my response. Unintentional and not to

obey or ignore the order of the court. Is there a form, or procedure of how to go

ahead with this letter

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 2, 2019

If you have been litigating you case without a lawyer then you should continue doing so; there is no specific form to use, so call it a motion to allow late response, and try to explain. ATTACH YOUR ACTUAL RESPONSE TO THE REPORT AN RECOMMENDATION>

1 Answer | Asked in Employment Discrimination for California on
Q: What can I do when my employer doesn't pay me on time and when I confront them this is what they say

Good morning you guys. Hey look, we’re doing the best we can with the payroll situation and we’ve done everything right on our end. We’ve mentioned before that we’re working on getting a new accountant to resolve this issue but this kind of stuff just doesn’t happen over night.. I you... Read more »

Neil Pedersen
Neil Pedersen answered on Nov 29, 2019

The law on this kind of situation is changing in about a month. At the present time there is no penalty built into the Labor Code for employers who do not pay their employers on the regularly scheduled pay day, unless it can be proved to be an actual business practice. That changes January 1,... Read more »

1 Answer | Asked in Employment Discrimination for Maryland on
Q: How can I sue my employment for firing me for being on bed rest because I was pregnant

And how much is it gonna cost me to get a lawyer and how do I get the lawsuit filed

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 26, 2019

You may wish to sit down and speak with an employment lawyer. Depending on the size of the employer and how long you worked there, laws like the Family Medical Leave Act (FMLA) and laws preventing discrimination on basis of pregnancy may apply. An employment lawyer should be able to tell you... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I was not paid all wages owed and employer blackmailed me by trying to get me to resign, what are my rights?

I was recently terminated but my employer did not pay all monies owed and his way of firing me was blackmailing me by stating that if I didn't resign, he would follow a police report. I refused to quit and he still terminated me. My last direct deposit was short a few hours and I was never paid... Read more »

Neil Pedersen
Neil Pedersen answered on Nov 25, 2019

There is a lot in your post. The basic answer is yes, you have rights. You have rights to claim the money that should have been paid to you. If you can prove the employer willfully failed to pay all of your wages upon your termination you may also be entitled to Waiting Time Penalties equal to... Read more »

1 Answer | Asked in Banking, Bankruptcy, Employment Law and Employment Discrimination for Florida on
Q: Can I lose my Mortgage License if I have to file BK 13?

I have been a Mortgage broker for 14 years.Unfortunately I need to do a BK 13 for an unrelated business. Can I lose my license?

Timothy Denison
Timothy Denison answered on Nov 25, 2019

Probably not unless the 13 filing is occasioned by some wrongdoing or otherwise.

2 Answers | Asked in Employment Law and Employment Discrimination for New York on
Q: Hello. My husband received last warning from manager, and was told that after that he will be fired. We believe that

It's wrong, because he worked a lot of overtime that company forse him to do and a lot of time set him up. What should he do?

Michael Diederich Jr.
Michael Diederich Jr. answered on Nov 24, 2019

You do not state the reason for the warning. If it was poor performance, that is a basis for job termination.

Overtime is (presumably) a separate issue here. Is your husband an hourly or salaried employee? If properly classified as an hourly employee, then he has certain rights...
Read more »

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1 Answer | Asked in Employment Law, Arbitration / Mediation Law and Employment Discrimination for Kentucky on
Q: What is the statute of limitations for initiating employment arbitration in the State of Kentucky Boone County please?
Timothy Denison
Timothy Denison answered on Nov 23, 2019

It depends on the issues in question. There is no exclusive right to arbitration in employment unless it is contractual.

1 Answer | Asked in Employment Law and Employment Discrimination for Kentucky on
Q: Is a manager allowed to tell fellow employees not other managers that I filed an unemployment claim
Timothy Denison
Timothy Denison answered on Nov 22, 2019

Poor management practice but yes, it is not actionable.

2 Answers | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: I would like some help with my unemployment appeal. My old employer is really making things up. This would be my 2md tim
Andrew S. Abramson
Andrew S. Abramson answered on Nov 22, 2019

You should retain an experienced employment law attorney to represent to at the hearing. If you are located in Pennsylvania we can assist.

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1 Answer | Asked in Civil Rights, Employment Discrimination and Sexual Harassment for Wyoming on
Q: Is $1.8 Million too much to ask for during a settlement for sex and disability discrimination?

Any thoughts would be helpful

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 20, 2019

I do not practice in your state, but I can talk generally about the valuation of damages. For simplicity's sake, you should assume you have two types of damages. First, you have your actual damages. How you were demonstrably injured. This can be in lost wages and opportunities, it can be in... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Had hours reduced to nothing then had a altercation for taking too long coming back for helping store get bags to bag

Items was clocked out and cashed out and was told to go home heard from someone that not the store manager but a regular employee that I no longer have a job but no manager or upper management has informed me that I no longer work there the person was told by the manager I got into it with I no... Read more »

Louis George Fazzi
Louis George Fazzi answered on Nov 18, 2019

You really need to discuss your issues with an experienced employment lawyer. You can find good ones by looking up the California Employment Lawyer's Association (CELA) and going to their website (https://cela.org/index.cfm). You can cut and paste this link into your browser, or simply Google the... Read more »

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1 Answer | Asked in Employment Discrimination and Personal Injury for Illinois on
Q: Is this a strong case against my employer?

I got severely depressed when my asthma and allergies started getting triggered at work, because the employer never cleans. I got a tick bite from right outside of work and got Lyme Disease, there are documents. I didn't tell my manager in fear she'd talk. I went to work while suffering from Lyme... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 16, 2019

You really need to speak with an Illinois employment attorney, and since your post remains open for two weeks, it might be best for your to start efforts to contact them on your own, either through this site or through your own independent searches. You included Personal Injury as a category, but... Read more »

1 Answer | Asked in Criminal Law, Employment Discrimination and Employment Law for California on
Q: A student has threatened to assault me several times, Will I be punished for leaving work he is removed?

I’m a 1-1 and am required to follow him everywhere throughout the day but he is increasingly defiant and making threats. I recently took several days off and often see a therapist for the issues I have with this kid. The school hasn’t given him repercussions and I don’t feel safe but can not... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 14, 2019

more info needed.

what is a 1-1?

this is not a legal question.

i would discuss with administration and maybe ask for another person to follow etc

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I filled out a W-4 I was not paid in a payroll check and I never received W-2 is it legal to pay cash?

Instead of paying employees directly my employer would put all of our paycheck in to his grandson's account he was in charge of paying us and we never got paid on time we'd be to 3 maybe even a month late our bills racked up causing a major financial hardship 2 myself and the rest of the employees... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 10, 2019

I am not sure what type of employee you are, i.e independent contractor, employee, exempt, non-exempt, but regardless, there are all sorts of things wrong with this. "Is it legal" is a broad question that isn't very helpful. What would be is contacting a local employment lawyer. There is a very... Read more »

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1 Answer | Asked in Civil Rights and Employment Discrimination for Tennessee on
Q: I was discriminated against and lied about by a new manager and I have rent to pay. I would like to sue for harassment.

Pinewood Social employee

Gary Kollin
Gary Kollin answered on Nov 9, 2019

You can sue. It will take months to resolve your case

1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for Kentucky on
Q: I fear that the dentist I work for is trying to have me fired and may go after my license. What recourse do I have?

I work for a corporate dental practice and the new office I transferred to has not been welcoming and the dentist has been very rude to me and has been trying to make me very uncomfortable so that I will quit. None of this has been overtly done but very passive aggressive. Now he has amplified by... Read more »

Timothy Denison
Timothy Denison answered on Nov 9, 2019

Document everything they do/you do. Follow all rules and guidelines implicitly and don’t cut corners. They don’t need a reason to fire you as KY is an employment at will state. If they’re going to fire you, nothing you can do to prevent it beforehand but consult an attorney immediatelt... Read more »

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