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Employment Discrimination Questions & Answers
1 Answer | Asked in Contracts, Employment Law and Employment Discrimination for Texas on
Q: How can I recover due wages, commissions, tips, that employer won't pay without going to twc.

I am due pay, however there are contracts that's may not be valid,

John Michael Frick
John Michael Frick
answered on May 15, 2024

The employer could decide to pay you. But if the employer refuses, the easiest and quickest way to get paid is to file a wage claim with the TWC. Unlike lawsuits which take years, a wage claim with the TWC is routinely resolved in a matter of months.

1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on
Q: After 7 years I was transferred to a shift I can't work because daycares are not open. If I quit, can I get unemployment

I and my labor union have put in transfer request but they have not been honored. I have been out of work for 5 months now because they won't accommodate me. (I am in Chicago)

Cynthia Pietrucha
Cynthia Pietrucha
answered on May 14, 2024

Great question. The 1985 case I copied/pasted below should help you understand your rights to unemployment benefits when you have to quit because your employer changes your shift:

ISSUE/DIGEST CODE Voluntary Leaving/ VL 50.05

DOCKET/DATE ABR-83-12308/8-9-85

AUTHORITY...
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I did work for a former employer and he owes me $2300 and $1500 and $500for registration fees that I paid for the vehicl

He has me using for work he wants the truck back but I fill if I give it back I will never get paid

James L. Arrasmith
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answered on May 14, 2024

Under California law, you have the right to be paid for work performed. If your former employer owes you $2300 in wages and reimbursement for the registration fees totaling $1500 and $500, you can take action to recover these amounts. You should gather any documentation you have, such as pay stubs,... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I did work for a former employer and he owes me $2300 and $1500 and $500for registration fees that I paid for the vehicl

He has me using for work he wants the truck back but I fill if I give it back I will never get paid

Neil Pedersen
Neil Pedersen
answered on May 14, 2024

If the truck is not yours, you will be creating more problems by keeping it. If you are owed money for pay and reimbursed expenses, you can file an administrative wage complaint with the California Division of Labor Standards Enforcement, or you can file a lawsuit in small claims court.... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Hello,I have a question. I was let go by my employer back in February under what was to me a wrongful termination.

It was after a review that accused me of being 'combative ' and 'rolling my eyes' on zoom in the course of doing my work, among other subjective opinions and used as legitimate reasons. I am a naturalized citizen from

Nigeria. Do I have a case to sue for workplace bias? Thank you.

Sincerely

John Michael Frick
John Michael Frick
answered on May 9, 2024

Based on the information contained in your question, no you do not have a case for workplace bias.

An employer can terminate an employee for purely subjective reasons like being combative and rolling your eyes during a Zoom meeting. Those are legally legitimate reasons.

If you have...
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1 Answer | Asked in Employment Discrimination and Employment Law for Washington DC on
Q: After dismissal, does a former local State Dep employee ( US Embassy) have the right to review the empl. handbook

If so, under what law would they be eligible?

Matthew T. Famiglietti
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Matthew T. Famiglietti
answered on May 7, 2024

First of all, you should have been given a state dept. employee handbook upon your orientation into the state department. So, having access to the state dept. employee handbook should not be a problem. Are you referring to access to your personnel file? If that is the case, then that would be a... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Washington DC on
Q: Which laws and regulations may apply when dismissing a local employee of the US Embassy?
Matthew T. Famiglietti
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Matthew T. Famiglietti
answered on May 7, 2024

Generally, an employee who works in the District of Columbia is an at-will employee. This is true for federal, state, and local employees in the District of Columbia. However, the at-will doctrine does not apply if you could prove there was discrimination in your treatment at work or dismissal from... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: is it legal to switch the duties of a salaried employee to a higher position and refuse to promote him?

My husband (a manager in a store on salary) was permanently transferred to a different store to cover the position of a higher manager who had also been transferred. When he asked for a raise or at least a change of title to a higher role he was refused. So now they have 2 persons with a same title... View More

John Michael Frick
John Michael Frick
answered on May 6, 2024

Yes, he can legally tell his employer that he will need a promotion to the higher position and a larger salary due to his transfer to a different location and greater responsibilities. If his employer refuses, he can legally quit his job. In the current labor market, his employer has little... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on
Q: I made a complaint with employer about race discrimination and they say I’m just making an excuse! Should I go to eeoc?

I’ve went to my employer about being racially discriminated and harassed. After that they pull the only other person of my race in the office. They ask him if he feels discriminated against he tells them no. At the end of the conversation my branch manager tells the other guy that he feels like... View More

Michael I. Leonard
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answered on May 2, 2024

You can always file a Charge of Discrimination with either or both the Illinois Department of Human Rights or the Federal Equal Employment Opportunity Commission. However, keep in mind that, in general, you need to be able to show that you have suffered an "adverse employment" action.... View More

1 Answer | Asked in Employment Law and Employment Discrimination for New Mexico on
Q: I was laid off of work while on FMLA. What can I do?

I was working for Meowwolf and I became unable to do my job without ada compliance. I had surgery and took FMLA and then was laid off.

Deena L. Buchanan
Deena L. Buchanan
answered on May 2, 2024

This situation may trigger retaliation claims under the FMLA, the ADA, and the NM Human Rights Act. You should contact an experienced New Mexico employment lawyer to discuss the details. Most of us offer consultations or case reviews for free. There are fairly short time limits for pursuing these... View More

2 Answers | Asked in Employment Discrimination, Employment Law and Libel & Slander for California on
Q: Intentional Infliction of Emotional Distress and Defamation claims in Employment Lawsuit

Is it true that IIED and Defamation claims should not be included in the same complaint? If yes, which one is more relevant in a case when an Employer sends an email to all employees falsely accusing the plaintiff of a crime he has not committed and suspends him pending an investigation? And after... View More

James L. Arrasmith
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answered on Apr 29, 2024

In California, it is generally acceptable to include both Intentional Infliction of Emotional Distress (IIED) and Defamation claims in the same complaint, as they are separate causes of action that can arise from the same set of facts. However, the relevance and strength of each claim depend on the... View More

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2 Answers | Asked in Employment Discrimination, Employment Law and Libel & Slander for California on
Q: Intentional Infliction of Emotional Distress and Defamation claims in Employment Lawsuit

Is it true that IIED and Defamation claims should not be included in the same complaint? If yes, which one is more relevant in a case when an Employer sends an email to all employees falsely accusing the plaintiff of a crime he has not committed and suspends him pending an investigation? And after... View More

Neil Pedersen
Neil Pedersen
answered on Apr 29, 2024

No, it is not true that those claims need to be filed separately. In fact it may well be that filing them separately would create serious issues. If you have meritorious claims for those causes of action, you make them in the same complaint.

Keep in mind that simply because the employer...
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Q: I won my order decision award and my employer appealed it but my lawyer who was representing me had his license suspende

What can I do if my attorney had his license suspended after we won the oda from the labor commissioner

James L. Arrasmith
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answered on Apr 26, 2024

If your attorney's license was suspended after you won the Order, Decision, or Award (ODA) from the California Labor Commissioner, and your employer has appealed the decision, you have a few options:

1. Find a new attorney: You can seek a new attorney who specializes in employment law...
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: What disqualifies you from unemployment in California
Neil Pedersen
Neil Pedersen
answered on Apr 24, 2024

You are disqualified from unemployment insurance if:

1. You are terminated for engaging in misconduct, which connotes an intentional violation of company rules, or insubordination.

2. If you voluntarily quit your job (subject to several exceptions related to good cause.

3....
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: What disqualifies you from unemployment in California
James L. Arrasmith
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answered on Apr 25, 2024

In California, certain circumstances can disqualify you from receiving unemployment benefits. Some of the main disqualifying factors include:

1. Quitting your job without good cause: If you voluntarily quit your job without a compelling reason, such as unsafe working conditions or a...
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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I am 8 months pregnant and my employer suddenly let me go. No explanation. No documentation. No prior disciplinary issue

My final paycheck was sent through Zelle not the payroll department. It was very confusing and weird.

James L. Arrasmith
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answered on Apr 23, 2024

I'm sorry to hear about your sudden termination, especially given your pregnancy. Based on the information you've provided, there are several potential issues that may be illegal under California law. Here are a few key points to consider:

1. Pregnancy Discrimination: Under the...
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1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for California on
Q: How to navigate employer not accommodating my working restrictions for a work related injury

My job is claiming they are accommodating my restrictions but they aren’t. I am actively doing things at work which I am instructed not to be doing and my injury has become significantly worse after returning to work. I sent an email to HR and included my direct supervisors as well as the claims... View More

James L. Arrasmith
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answered on Apr 23, 2024

Under California law, employers are required to provide reasonable accommodations to employees with work-related injuries. If your employer is not properly accommodating your restrictions and your injury is worsening as a result, you may have legal recourse. Here are some steps you can take:... View More

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: I’m in CA and never received a write up and when fired was told it’s “a personal call” for the reasoning

I’m in CA and I’m a warehouse supervisor for a local HVAC, since the beginning the production manager didn’t seem to like me. First instance was when training was over the prod. Manager who trained me tried to blame something that wasn’t completed on me and I said you didn’t train me on... View More

James L. Arrasmith
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answered on Apr 22, 2024

Based on the information you've provided, it seems like you may have been wrongfully terminated from your job. In California, most employment is considered "at-will," meaning an employer can terminate an employee for any reason, as long as it's not an illegal reason (such as... View More

1 Answer | Asked in Contracts, Civil Litigation, Education Law and Employment Discrimination for California on
Q: Company refuse to pay education tuition reimbursement thats offered, discrimination race/gender and emotional distress.

A policy was not in place since 2010. I commenced my studies on January 30, 2023, and a new updated policy was released on January 31, 2023. I consulted with the former HR manager, who is no longer employed by the company, and they advised that the policy was undergoing revisions and that I should... View More

James L. Arrasmith
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answered on Apr 22, 2024

Based on the information you have provided, it seems that you may have potential legal claims against your company under California law. Here are a few key points:

1. Breach of contract: If the company had a policy in place offering tuition reimbursement, and you relied on that policy when...
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1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: So let's say my employer has been unlawfully scheduling me overtime and not paying me for the times I've worked. Now, I

Have been basically forces to sign a 5 year contract with my employer and it's been 2 years since this has been happening. Can I sone how find a way to legally make her pay me back for all the u paid overtime I've been working for her for the last 2 years?I want some justice please..

James L. Arrasmith
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answered on Apr 19, 2024

Under California law, you have the right to be paid for all hours worked, including overtime. If your employer has not been paying you for overtime hours, you can take legal action to recover your unpaid wages. Here are some steps you can take:

1. Document your hours: Keep a detailed record...
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