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Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on
Q: I'm being told that because I no longer work there they don't have to pay me my vacation or personal time off ?

I worked there for 3 years an give 2 weeks notice of taken a new job

James G. Ahlberg
James G. Ahlberg answered on Jan 25, 2022

If your employer is located within the State of Illinois, he is required to pay you the proportion of your vacation which you've earned when you leave the job. For example, if your employer provided two weeks of vacation per year and you worked half the year before leaving, he must pay you for... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Can I take legal action against a current employer when I expressed repeated unsafe workplace activities?

Good evening,

I have an ongoing concern at my current workplace that does not seem to be changing. And I am seeking legal advice.

I have written a statement to a current employer about harassment, unprofessional discriminatory comments, and unsafe distribution activities with heavy... Read more »

Jordan T. Newport
Jordan T. Newport answered on Jan 24, 2022

First of all, I would like to tell you that I'm sorry that you are having to go through these things at your workplace.

As for the harassment and the discriminatory comments, largely, these will be lumped together as to how they are treated in the legal context. To constitute either,...
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1 Answer | Asked in Employment Law and Employment Discrimination for Kentucky on
Q: My employer is requiring work from home but not providing necessities to safely perform duties. This wasn’t required

when I took the job 3 1/2 years ago. It’s a huge world wide organization and there are other employees still working in office just not my department. Can they require me to take the hit financially by trying to wire in internet along with paying for a desk and chair, etc? A part of me feel that... Read more »

Timothy Denison
Timothy Denison answered on Jan 20, 2022

Yes. As long as they make reasonable accommodation for you to work from home.

1 Answer | Asked in Employment Law and Employment Discrimination for Washington on
Q: IF I DIDNT KNOW MY BOSS WAS GOING TO KEEPMY MONEY THAT HAVE SAVED UP, HOW MANY YEARS CAN I GO BACK TO GET MY MONEY?

I had set up an savings accont on the side with my boss to put half my wage on my check and the other in what he called a "nest egg" savings. We had this agreement for years, no problems what so ever.wheni went to California I took $5000 out of my savings so knew that I had money in my... Read more »

Brad S Kane
Brad S Kane answered on Jan 19, 2022

If you have written documentation, including wage stubs showing that you earned the money and the employer put part of your pay in a "savings account" for you, then likely have claims for fraud, breach of contract, conversion and unfair business practices. Unfair business practices... Read more »

1 Answer | Asked in Criminal Law, Employment Law, Civil Rights and Employment Discrimination on
Q: I have a right to sue letter from the EEOC. Is it possible to have an attorney fill out the form without signing it?

I will sign it and do not need to know who filled it out. I can submit documentation or breakdown the charge for filing. This is an employment issue in regards to working for The State of Alabama (twenty-three years) age/gender discrimination for wrongful termination. Based on pretext, the state... Read more »

Carrie Dyer
Carrie Dyer answered on Jan 19, 2022

It's unclear what you are asking. If you have a right-to-sue letter from the EEOC, you need to ensure you file a lawsuit within 90 days of your receipt of the letter if you are intending to do so. You should contact an employment law attorney in your area as soon as possible to discuss your... Read more »

1 Answer | Asked in Employment Discrimination for Michigan on
Q: Employer is forcing non vaccinated employees to be tested weekly, but not those who have had the shots can they do this
Michael Zamzow
Michael Zamzow answered on Jan 17, 2022

Probably.

The State of Michigan in its COVID-19 Employment FAQ has said "Employees may be asked by employers to provide proof of a positive result or exposure. This may include documentation or making an effort to get tested for COVID-19. These are examples of reasonable...
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1 Answer | Asked in Civil Litigation, Civil Rights, Employment Discrimination and Legal Malpractice for New York on
Q: Do I have a case for false arrest & maliceous Prosecution?I was accused of commiting a crime and it got dimissed on 3030

I was accused of stealing a phone on my job on 9/11/2021.I got arrested for a felony Grand theft. When I went to count it got downgraded to mismenandor two counts(one for Petit Larceny and Criminal Possession of stolen property). I was offered a restitution to dismissal at the Arrangement and the... Read more »

Roy Warner
Roy Warner answered on Jan 15, 2022

Depends on who made the criminal complaint, and whether it was false and done with malice. Any lawyer you consult will need far more facts that you have provided.

1 Answer | Asked in Employment Discrimination for Pennsylvania on
Q: Can an employer ask me if I’m an anti-Vaxxer?

My employer didn’t ask my vaccination status but specifically if I was an anti-Vaxxer because I am not yet vaccinated for personal reasons.

Peter N. Munsing
Peter N. Munsing answered on Jan 13, 2022

They can inquire about your beliefs as to vaccination. They can inquire about vaccination status, assuming vaccination is part of the job requirements.

2 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Georgia on
Q: Can my employer legally pay vaccinated workers to quarantine and not pay unvaccinated?

They are requiring unvaccinated employees to use vacation / PTO & paying vaccinated employees without having to use their PTO / Vacation time. Keep in mind that the quarantine rules are the same regardless of vaccination status, 5 days for exposure and 10 days for a positive Covid test.

Rhiannon Herbert
Rhiannon Herbert answered on Jan 12, 2022

Wage and hour laws only require your employer to pay you for time that you are working. Since employers are not required to offer pay for non-work hours, the above policy, while unfair, is permissible.

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2 Answers | Asked in Employment Discrimination and Employment Law for Indiana on
Q: I believe my participation in the Family Medical Leave Act has affected my job in the areas of wages &shifts. Options?
Carrie Dyer
Carrie Dyer answered on Jan 11, 2022

You should consult with an employment attorney in your area to discuss your situation. The FMLA prohibits your employer from interfering with your rights under the FMLA (such as job restoration after a qualifying leave) or from retaliating against you after you return from FMLA leave. The... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: My boss has been withholding my pay and refusing to let me work because I have not gotten a cdl permit

My salary contract does not state I am required to have a cdl permit

Neil Pedersen
Neil Pedersen answered on Jan 10, 2022

My answer is going to assume you are an employee and not an independent contractor.

Your employer is acting unlawfully by withholding any earned pay for any reason at all. You are to be paid for the time you worked. However there is nothing unlawful about the employer refusing to allow...
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1 Answer | Asked in Employment Discrimination and Employment Law for Arkansas on
Q: I got paid only 1 hr when I know I worked 5 I was suppose to get 50 dollars

I talked to my mon she agrees and a customer even said I was here a while

Chris W. Burks
Chris W. Burks answered on Jan 10, 2022

Thanks and you could have a potential minimum wage violation, depending on the particular situation you are in. You should speak to an attorney or the Department of Labor

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: Would being terminated for Job Abandonment disqualify me from possible unemployment income?

I had made an accommodation request of my employers to relocate from IL to FL on account of my health being impacted by the environment in IL as well as my spouse relocating. Despite sending several emails making a plea to my director, manager and HR to the fact that I will be without a home if I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 7, 2022

As far as I know, job abandonment is a valid reason for termination and denial of employment benefits in Florida and most other states. But to be sure you need to ask a lawyer in Illinois whether that is the law in Illinois.

1 Answer | Asked in Employment Law and Employment Discrimination for Michigan on
Q: Is it legal for a company to pay me using two different checks for working at two stores, but under the same company?

So I work for A restaurant group that owns multiple stores but are all owned under one name. I recently worked at a store I normally don't work at to help out, and then finished out my week at my normal location. When I received my paycheck for that 1 week, I received a paycheck from the 1... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 6, 2022

Interesting question that I think you would need to contact a labor attorney about. You may also want to reach out to the state's wage and labor board. I can see why you'd inquire. I think some of it comes down to how this restaurant group and corporate structure is actually arranged.

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Kentucky on
Q: I got terminated from my job Because of a conversation I had with another employee. They said they had audio recorded me

I did not give consent for them to audio record me and it isn’t posted at the workplace anywhere. Do I have grounds for suing ?

Timothy Denison
Timothy Denison answered on Jan 3, 2022

No.

2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: I feel like I'm being discriminated against at my job how would I go about seeing if it is worth hiring a lawyer?

I have requested to either work at home or get a shift a change from my current job due to child care conflict and they claim there is nothing they can do for my shift change but they have done it for other employees.

Charles M.  Baron
Charles M. Baron answered on Jan 3, 2022

The initial inquiry here is whether you believe you are being discriminated against (that is, being treated differently than others) based on race, color, national origin, religion, sex, sexual orientation, pregnancy, parental status, age, or disability. Is there a difference between you and the... Read more »

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2 Answers | Asked in Criminal Law, Employment Discrimination, Employment Law and Landlord - Tenant for California on
Q: Can I be fired if I'm arrested at work even if I'm innocent?

I was fired from job when the police came to my home to arrest me for an alleged crime. I am an apartment manager and so I will be out of a job and a place to live, and I was wondering if this is legal for my landlord to do before I'm even convicted yet?

Neil Pedersen
Neil Pedersen answered on Dec 30, 2021

Yes, it is lawful for an employer to terminate an employee who has been arrested when the arrest has not yet lead to a disposition. Whether or not you are eventually convicted or not is not material to the analysis.

Good luck to you.

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2 Answers | Asked in Employment Law, Business Law, Collections and Employment Discrimination for California on
Q: Hi, I gave a weeks notice at work because I got a far better job that wanted me to start ASAP, my last day was the 28th

My 2 questions are 1) am I owed a days wages for every day after the 28th my check is late, because I read online if you give over 72 hours notice they have to have your check ready on your last day and will be penalized if it's not, and 2) do I have to sign anything prior to receiving my... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 30, 2021

If you worked for a California non-government employer, and if you can prove the withholding of your final paycheck was willful, then you are entitled to get not only your final pay, but also Waiting Time Penalties equal to one day of pay for each day you are made to wait for your final paycheck,... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: Hello I have a question. Regarding COVID 19 vaccine mandates in Florida.

Hello I have a question. I live in the state of Florida. I was offered a position for a new job, my background cleared and is at 100% completion with no discrepancies. I was called by the company stating I answered no to their question for vaccine. I told her that is correct and also informed I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 24, 2021

Assuming that you never got the job you applied for. the answer is no, you have no case. Why?

Because Florida is an “at-will” state, which means private employers are free to hire, promote, demote, suspend, terminate, reinstate, and rehire employees for any reason—or for no...
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1 Answer | Asked in Criminal Law and Employment Discrimination for Kentucky on
Q: When should I disclose my criminal record if the company did not ask for it?

So i’m applying for a tech company. I have a assault 4th degree misdemeanor convicted 7 years ago. The state of the company follows the “ban the box” rule (they are not allowed to ask about criminal record until initial interview/conditional offer has been made). I’m currently at the last... Read more »

Timothy Denison
Timothy Denison answered on Dec 21, 2021

Right before the background check. You also might want to think about expunging that misdemeanor from your record so this is not an issue in the future.

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