Employment Discrimination Questions & Answers

Q: I was on probation at the time I applied for employment. I was denied because of my criminal background. Is this ok.

1 Answer | Asked in Employment Discrimination for Wisconsin on
Answered on Apr 17, 2018
William F Sulton Esq.'s answer
Sections 111.321 and 111.322(1) of the Wisconsin Statutes prohibit employers from denying opportunities because of an arrest or conviction record. The facts you describe violate those prohibitions.
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Q: I called out from work (never before) and was asked to provide doctor note. Am I entitled to co-pay reimbursement?

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Answered on Apr 14, 2018
Mr. Michael O. Stevens' answer
Yes, they would have to pay for that cost:

" (2) The employer shall pay any reasonable costs for providing medical verification or certification required under this section, including lost wages, that are not paid under a health benefit plan in which the employee is enrolled." ORS 653.626
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Q: I have a discrimination case in federal court. Should I use video for deposition. What's more expensive?

1 Answer | Asked in Employment Law and Employment Discrimination for Maryland on
Answered on Apr 10, 2018
Andrellos Mitchell's answer
I presume you have a lawyer. If you are not satisfied with your lawyer, why not hire a new one.

In my experience, videotaped depositions are always more expensive than traditional depositions.
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Q: My employer stripped me of some of my key benefits while on FMLA . Is there a clear case to be compensated ?

2 Answers | Asked in Employment Discrimination and Employment Law for New York on
Answered on Apr 10, 2018
Emre Polat Esq.'s answer
There may be violations of the FMLA and state laws. A case evaluation may be worthwhile.
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Q: I'm in inquiry of finding a national rehab neglect lawyer or possibly one situated in California as for relevance .

1 Answer | Asked in Personal Injury, Employment Discrimination, Landlord - Tenant and Medical Malpractice for California on
Answered on Apr 9, 2018
Dale S. Gribow's answer
need more info.

it appears you are looking for a med mal attorney for rehab neglect.

i would think most med mal lawyers could handle it but since so many have not worked out i suspect there is a lot more to learn.

this is not a case for our firm and i would google med mal/rehab
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Q: Can you be asked to sever ties with a personal startup?

2 Answers | Asked in Employment Law and Employment Discrimination for New York on
Answered on Apr 8, 2018
Derek John Soltis' answer
Have you friend talk to an attorney and bring his offer of employment and other paperwork.. Giving you advice to give to your friend is like playing telephone. I have no idea what is in the contract, what was done at the time of employment or what the demand letter says.

Normally an at will employee can be fired for any reason as long as it isn't against public policy.
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Q: Extreme sexual advances daily by boss. He assaulted me yesterday while holding a firearm threatening to have me arrested

3 Answers | Asked in Criminal Law, Employment Discrimination, Employment Law and Sexual Harassment for Texas on
Answered on Apr 7, 2018
Gary D. Peak's answer
So if he is an Ex con, why not report him to police as felon in possession of a fire arm?

He is not required to sign any contract as Tx is an "at will" State, which means they can fire you without cause, subject to some limitations.

If this abusive boss, has a supervisor, you should document each of these events, what happened, where you were, any witnesses, etc. and report it to his supervisor.
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Q: I am a Employee that plows snow with a exhaust leak and antifreeze fumes that enters the cab, sense 2010 with no fix.

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for New York on
Answered on Apr 7, 2018
V. Jonas Urba's answer
Timely challenge your firing with the union. Speak with your union rep and union lawyer immediately.

File unemployment benefits claim and win it.

Possibly file a workers compensation claim with a work comp lawyer consultation.
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Q: My job has been given to someone else because they speak the same language and are the same race as the person I helped.

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Answered on Apr 6, 2018
Lauren Mayo-Abrams' answer
It's important that you put your complaint in writing to either Human Resources and/or your supervisor's supervisor. Make sure you complain that you believe you have suffered discrimination. This triggers a lot of rights on your behalf including a mandatory EEOC-type investigation.

Feel free to contact an employment attorney in your state for more information (I highly recommend it!).

Good luck!
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Q: isn't age discrimination illegal? I am 58 yrs old.

1 Answer | Asked in Employment Discrimination for California on
Answered on Apr 6, 2018
Isaiah Benjamin Blady Esq.'s answer
Age discrimination is unlawful and discriminatory comments may support a case. A lawyer would also want to know why you were suspended and fired. You may want contact a lawyer to provide your facts and get legal advice.
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Q: What kind of information do you need access to in order to prove that men are being paid more at your work?

2 Answers | Asked in Employment Discrimination for New York on
Answered on Apr 6, 2018
V. Jonas Urba's answer
That is a very interesting question. There is no clear answer.

Sometimes a person who legally has access to payroll data can bring an action on their own behalf but personnel is probably one of the few areas where more equal pay exists.

Males might share their pay with you or agree to testify. Women could all pool together and share their information with one cooperating male's pay history.

Remember that anyone who agrees to help you may not be retaliated against. If the...
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Q: I am in California. My former employer didn't allow their bus drivers to make restroom stops whenever passengers...

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Answered on Apr 5, 2018
Salim U. Shaikh's answer
A bus driver supposed to be healthy in all respect. Frequent desire for restroom usage can be taken otherwise and question fitness of driver. During a long journey, 15-30 minutes break is also a need of passengers and can be used as such by drivers having no illegality. If you are talking of long break for bathroom combining with over and above coffee break then you will invite questions. Please think in that perspective.
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Q: I see a coworker outside of work and we exchange heated words. Can my employer discipline us as if we were at work?

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Answered on Apr 5, 2018
Mr. Kent Thomas Jones Esq.'s answer
Generally, Tennessee is an Employment-at-Will State, which means that an employer can discipline you for any reason whatsoever, so long as it is not illegal. Illegal activities examples include, but are not limited to violations of the Family Medical Leave Act, discrimination based on age, sex and religion, whistleblowing, being terminated for turning in a workers' compensation claim and many more. However, the answer to your question really depends on the parameters of your working...
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Q: In Oregon, can an employer sue an employee for legal fees after employee files BOLI complaint (but is not suing yet)?

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Answered on Apr 5, 2018
Mr. Michael O. Stevens' answer
They could try, but there would be no way to do it. Potentially if your wife filed suit and lost they could try, but even then it is unlikely.
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Q: if I was convicted of a misdemeanor from 2012 can it be cleared from employment opportunities?

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Answered on Apr 4, 2018
Tina El Fadel's answer
Depending on what the misdemeanor was for and whether or not you have any other convictions on your record you could apply to get your record expunged. You can do this on your own or retain a lawyer to do it on your behalf.
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Q: I filed a discrimination complaint against my boss through the DFEH.

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for California on
Answered on Apr 4, 2018
Louis George Fazzi's answer
Let the DFEH complete their investigation. If the company fired your boss, then they should be better off for it. And it may even be better for your case that they have done so. You should be looking for a good employment lawyer now, before the investigation is done, so that when you get a right to sue letter you will have legal counsel ready to act on your behalf.
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Q: I was asked to resign from work due to allegations made against me. My job wont say who,what happened, or when.

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Florida on
Answered on Apr 3, 2018
Kevin Sanderson's answer
We don't know a great deal of info based on the above. However, in general, we advise against resigning. Make them fire you instead if they want you gone. Among other reasons, it is hard to collect unemployment insurance benefits if you quit.
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Q: Is an employer allowed to take an employees tips?

1 Answer | Asked in Employment Discrimination and Employment Law for South Carolina on
Answered on Apr 2, 2018
Jeremy R. Summerlin's answer
If you are getting paid $2.13 an hour plus tips, then you are entitled to your tips, unless some of those tips are subject to a valid tip pool arrangement. If you are paid at at least $7.25 an hour, then the law is a little unclear on whether or not you are entitled to keep those tips. Speak with a local employment lawyer to get a fact-specific analysis.
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Q: Terminated after being charged at. Was charged with Assault and battery 3rd degree. Case dismissed. Can I sue employer?

1 Answer | Asked in Employment Law and Employment Discrimination for South Carolina on
Answered on Apr 2, 2018
Jeremy R. Summerlin's answer
If the police charged you with a crime, the employer is legally allowed to fire you. SC is an at-will employment state, and unless the termination is based on discrimination on the basis of age, race, disability, sex, religion, or national origin, then you don't have a basis to sue your employer.
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Q: I need a lawyer to deal with work place retaliation and protected status of race discrimination; under section 1981.

1 Answer | Asked in Employment Discrimination for South Carolina on
Answered on Apr 2, 2018
Jeremy R. Summerlin's answer
You can find an employment lawyer through the Find a Lawyer function via Justia. You can also contact the SC Bar's Lawyer Referral Service as well.
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