Lawyers, Answer Questions  & Get Points Log In

Employment Discrimination Questions & Answers

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on

Q: In the state of Illinois, if your employer pays employees based on position, can they hire someone for a position

And pay them more than the guy already doing the job without raising the other guys pay?

James G. Ahlberg answered on Aug 22, 2019

As a general rule, yes, they can unless there's a contract (such as a union contract) providing otherwise.

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on

Q: I asked for sick pay because my made me come to work or I was fired and he would keep my last check. I lost my voice

I was visibly sick , I lost my voice. I cook at a hibachi grill , I couldn't communicate with my customers and I had to work the entire shift. I had to try and yell and my voice was completely gone the next day so I said no when he tried to force me to work. I went to work still sick the next day,... Read more »

Mr. Michael O. Stevens answered on Aug 22, 2019

I don't believe there are liquidated damages for sick pay violations.

2 Answers | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Oregon on

Q: I worked for my employer for 7 years and no scheduled breaks or lunch breaks. Should be compensated ? For shifts 6+hrs

I was told 1000$ for not making us take 15 minute breaks and for not keeping a record of it ? Can I make him pay me 30min for everyday I didn't get a lunch ? If so how how many shifts can I make him pay me for ?

Jeff Merrick answered on Aug 22, 2019

Greetings,

I recommend you check with Oregon Bureau of Labor and Industries.

Jeff Merrick

https://oregonlitigationattorney.com

View More Answers

1 Answer | Asked in Employment Discrimination for Maryland on

Q: I asked my employer over a month ago to have Sunday off to go to church and they have not done anything as of yet.

What steps should I take next.

L

Andrellos Mitchell answered on Aug 20, 2019

First of all you should put your request in writing and explain why you need this day off. If you are going to be taking the same day off on a regular basis maybe you should take leave with pay or leave without pay or just make arrangements not to work on that day.

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on

Q: if a person has quit their job and has accrued vacation time that they had not taken is the employer required to pay

Kevin Sanderson answered on Aug 16, 2019

People are always shocked by this, but in Florida you are not entitled to this time. It is not "banked" in the sense it is yours at the end of the employment as it is is some other states.

1 Answer | Asked in Employment Discrimination on

Q: Discrimination during employment

What is the responsibility of an employer who did not attempt to prevent racial discrimination in the workplace, after several complaints from an employee, for discrimination against him, which eventually turned into physical abuse against him, and when he defended himself, he was fired along with... Read more »

C.Doris Okafor Dike answered on Aug 13, 2019

An employer is responsible for appropriately responding to incidents of racial discrimination. It is advisable, however, to contact a lawyer soon after realizing your complaints are not getting addressed appropriately. What type of worker were you? How soon were you fired after making complaints?... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for California on

Q: My employer has drastically lowered my hourly rate for the second time without warning. Said payroll made a "Mistake"

I have copies of pay stubs and four months ago I negotiated a raise for myself since my company had took over operations where I live and the pay was here locally was higher. I was countered with a better rate and now four months later it is now a "mistake." No effort will be made by employer... Read more »

Louis George Fazzi answered on Aug 13, 2019

You should go to the Labor Commissioner's website and file a wage claim. Start by cutting and pasting the link into your browser here: https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

Follow through with that process. The Labor Commissioner's job is to make sure all employees get the...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on

Q: My employer is offering something to one employee and not the other. Is that legal?

I had to wait two years to start a retirement account. An employee that has been here four months is eligible for the retirement plan, but another employee who has been here eight months has not even been asked to participate in the plan.

Bennett James Wills answered on Aug 12, 2019

One would need a lot more information to determine an answer. Does the employee have a contract? Employment handbook? Perhaps there's an opt-in period? Consult a local employment attorney.

1 Answer | Asked in Employment Discrimination for Florida on

Q: I was written up at work for having to leave due to low blood sugar stemming from my diabetes.on employee

My employer is aware of my condition. I told them that i have very little memory of what happend.i do know that an employee assisted my son in getting me into my car. The empliyee told the mod that she was sending me off tp hospital. All of thisis captured on video as my boss says that i did not... Read more »

Bruce Alexander Minnick answered on Aug 12, 2019

If you feel you have been discriminated against by actions of your supervisors or co-workers at your workplace because of your race, age, gender (including sexual harassment), sexual orientation or national origin, religion or marital status or because you have a disability, or feel you have been... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Georgia on

Q: I work as a resident manager, received text from tenant by mistake, tried calling my boss & texted her.

Joanna said she has a bug!!! She is in the bed under cover!!! Don't 'recon somebody told her 'bout tomorrow do you??? This is the text I received.

This is what I asked my boss

This was just sent to me,what's going on? Her reply (Yes which is fine I don't have time tomorrow I will... Read more »

Stephen Arnold Black answered on Aug 9, 2019

Your question makes no sense. Rewrite it and send again.

2 Answers | Asked in Employment Discrimination, Civil Litigation and Civil Rights for Oklahoma on

Q: If my employer gives me a drug test do I have a right to the reports, statements, and results regarding the drug test?

I passed the test, of course. It was during an investigation that HR was looking into. I had called about my supervisor, Curtis and his discrimination against me.

I have to ask for documentation of certain things. But I'm wondering if I have the right to all documents regarding that drug... Read more »

Gary Kollin answered on Aug 9, 2019

Old adage: There is no harm in asking

View More Answers

1 Answer | Asked in Employment Discrimination and Employment Law for California on

Q: Identifying as a person with disabilities I feel that I have been subject to harassment and bullying

I have gone to my local union with no actions to follow with my grievances that have been filed I have also reached out to my work Ethics Hotline my situation involves a director of my department my supervisor as well as an HR Manager

Neil Pedersen answered on Aug 8, 2019

There is not much in your post to give us an idea of what you are looking to learn from our response. If you are looking for an attorney to reach out to you to represent you, that is unfortunately not the purpose of this Q&A site.

It is unlawful to engage in harassing conduct based on...
Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for California on

Q: I need help with retaliation from my employer Amazon for asking for medical accomm req

They are making my work assignment so I will get fired

Neil Pedersen answered on Aug 7, 2019

Unfortunately this Q&A site is not the place to solicit an attorney to assist you. It is important that you quickly locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or... Read more »

View More Answers

Q: Can you please define "Hernia" for me please.

I was at work when I felt a pop followed by a searing pain that knocked me breathless onto the floor (in the worst paralyzing pain ever) from a squatting position. ER diagnosed me with an umbilical hernia. I was put on modified duty (not given hours to this day). The single medication I was RXd... Read more »

Carole Jean Hayes answered on Aug 6, 2019

Since this is a denied case, I would contact an attorney and relay all information and then see if you have a viable case. The five requirements we need are (1) an injury resulting in hernia that (2) the hernia appeared suddenly and (3) was accompanied by pain and the (4) hernia immediately... Read more »

1 Answer | Asked in Employment Law, Elder Law and Employment Discrimination for Washington DC on

Q: Coworker is making childish remarks and you say "your almost 70 yrs old and acting like a child."

Is one remark consider age discrimination or does it have to be a pattern of behavior?

Andrellos Mitchell answered on Aug 6, 2019

Well, it depends on what the policy is at your workplace. Generally speaking, I would say that actual... Read more »

2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for Florida on

Q: can I file a lawsuit against my employer for failing to take action against an employee who threatened me?

I was openly verbally threatened with great physical harm by an employee while in the presence of management (who witnessed the threat spoken), who then claimed they were unable to take action due to the absence of physical contact....is this true? is it legally feasible to sue my employer? I... Read more »

Kevin Sanderson answered on Aug 5, 2019

They can take action. They can investigate, suspend, fire that person and/or make sure you aren't working together. You may be able to take action against the employer for several causes, such as negligent hire/retention of that employee. You may need to file with an administrative agency if the... Read more »

View More Answers

1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on

Q: What are the qualifications for pro bono case?

Employee law help.

James G. Ahlberg answered on Aug 5, 2019

The willingness of a lawyer to handle a case for nothing. That's it.

Q: Is there a lawyer that can help with age discrimination in the workplace?

Neil Pedersen answered on Aug 4, 2019

I am sure there is. Unfortunately this Q&A site is not the place to ask for an attorney to work for you. Rather you need to identify one or more attorneys who practice employment litigation and discuss your matter with them to see if they are willing to work on your case. I would suggest you... Read more »

View More Answers

1 Answer | Asked in Employment Discrimination and Employment Law for California on

Q: Does infraction can affect your job employment I got an infraction from my job. Is there a way to eliminate it?

Neil Pedersen answered on Aug 3, 2019

Your question is very difficult to understand. If you were given some kind of written warning or notice of infraction from your employer related to your job, then yes, of course, it can affect your employment. Any form of discipline received from your employer can have an adverse affect on your... Read more »

1 Answer | Asked in Employment Discrimination for California on

Q: Can a person contest an unlawful termination from employment if he/she is under an at-will policy?

Neil Pedersen answered on Aug 3, 2019

As an at will employee, the employer has the right to terminate employment for any reason or even no reason at all. The employer does not need a good reason, or an accurate reason. The employer can terminate an employee based on completely erroneous facts, or based on information provided from... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.