Employment Discrimination Questions & Answers

Q: Can I use desired character traits as a defense to employment discrimination allegations?

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Answered on Feb 16, 2019
Timothy Denison's answer
Yes. You could use it as a defense unless there is an improper reason underlying the selection of the male. What you have described is a legitimate reason.

Q: Will filing gender discrimination with EEOC help or damage potential lawsuit?

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Answered on Feb 16, 2019
Cary B. Hall's answer
It's my understanding that filing with the EEOC is a *prerequisite* to filing a later lawsuit, so better get it done if you want to preserve your rights to file in federal court!

Best of luck to you.

Q: I am paid on salary. If my boss asks me to stay longer than my shift to train without pay. If I left, could he fire me?

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Answered on Feb 13, 2019
Kirk Angel's answer
Yes, he can lawfully fire you for leaving. In fact, whether you are paid hourly or salary, non-exempt or exempt, you can be fired for leaving if your employer expects or demands that you stay beyond your shift.

You mentioned a contract. If it is actually an enforceable employment contract, then there may be something in the contract that prohibits him from requiring you to stay over. If the contract does appear to address this issue, then you definitely consult with an experienced...

Q: Can my employer reprimand me, possibly fire me for using approved FMLA days.

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Answered on Feb 8, 2019
James J. Hux's answer
If your employer did so, it could be FMLA retaliation. You should speak with an employment law attorney as soon as possible to discuss your situation in more detail. Some will offer free initial consultations.

Attorney James J Hux

Hux Law Firm LLC

Q: My boss fired me for being in the bathroom “too long”. She says I was in the bathroom for over 20 minutes. I wasn’t

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for New York on
Answered on Feb 5, 2019
V. Jonas Urba's answer
You can be fired for a good reason, bad reason or no reason at all as an "at will" employee. If you are non union, non civil service, or do not have a written contract of employment you are probably at will. Being in the bathroom is not an illegal reason to fire someone unless you told your employer about some medical condition which might require extended bathroom time. Unless you were told that excess bathroom time could get you fired you should be able to recover unemployment, barring gross...

Q: I am a white male and worked for a top financial company in Orange County, CA. Until last night, for just under 90 days

1 Answer | Asked in Employment Discrimination for California on
Answered on Feb 2, 2019
Louis George Fazzi's answer
One way to find out is to file a claim of discrimination with the California Department of Fair Employment and Housing. They will do an investigation for you. Go to their website: https://www.dfeh.ca.gov/ Copy and paste the link in your browser, then click on the link File a Complaint and read the instructions and follow the directions.

The close proximity between events may be evidence of their intent to discriminate against you because of your girlfriend.

And don't forget to...

Q: Is there any Illinois law that states that support personnel (admins or exec. asst) must be hourly or non-exempt status?

1 Answer | Asked in Employment Discrimination for Illinois on
Answered on Jan 31, 2019
Cynthia Pietrucha's answer
From a legal perspective, "Work from home" policies are typically looked upon as completely discretionary by your employer. The only exceptions might be if you benefit from such arrangement because you have a disability and are in need of a reasonable accommodation.

Working from home has generally been reserved for "exempt" workers, since they are not entitled to overtime pay. On the other hand, "non-exempt" workers are eligible for overtime and therefore determining the amount of...

Q: I was told my dog died in the boarding family, and they refused to make compensation. Can I ask them pay for the loss?

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Employment Discrimination for California on
Answered on Jan 29, 2019
Ali Shahrestani, Esq.'s answer
If you bought the dog, then until you sold the dog to new owners, it can be argued that it was your responsibility to properly vaccinate the dog with the parvo virus and other relevant vaccines. It sounds like the owner and the in-laws were merely boarding the dog for you while you found a new owner. I hear no acceptance of liability by them in your stated facts, nor any contractual relationship that points to any liability by them. Did the sellers tell you that they had vaccinated the dog...

Q: I was force to resigned or get terminated for using a police car to go home and work. I am a Chief of police

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Texas on
Answered on Jan 28, 2019
Roy Lee Warren's answer
My goodness, I cannot believe they treated you like that! Look at the employment policies to determine whether such events are addressed, if not you may well have an argument against your employer to claim "implied consent" because it acquiesced to your previous use. The fact you were on call 24/7 also should help your cause. You could be entitled to mileage for use of your car. Contact Texas Employment Commission. Good luck to you.

Q: death at work- heatstroke- handled as workman's comp-denying designated beneficiary payment 10K- told ineligible.

2 Answers | Asked in Workers' Compensation, Employment Discrimination and Wrongful Death for California on
Answered on Jan 26, 2019
Ronald Mahurin's answer
clarification of what? You say the deceased was your partner, but that may not qualify you for benefits. Hopefully your partner left something in writing saying that you are an heir. Otherwise, you may be forced to litigate the issue. Be advised that if there are no dependents entitled to payment, the Department of Industrial Relations receives the benefit.

Death benefits are payments to a spouse, children or other dependents if an employee dies from a work-related injury or illness....

Q: How do I find out if I have a case of wrongful termination from my previous employer for Discrimination

1 Answer | Asked in Employment Discrimination for Ohio on
Answered on Jan 22, 2019
James J. Hux's answer
The best way for you to find out is to speak with an employment law attorney about your situation in more detail. Some will offer a free initial consultation.

Attorney James J Hux

Hux Law Firm LLC

Q: My tuition remission was revoked when my dad was suddenly laid off. Without it, I will drop out of school. What can I do

1 Answer | Asked in Education Law, Contracts, Employment Law and Employment Discrimination for Massachusetts on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
Perhaps your father might have a basis for an employment law complaint, but that really depends on the facts leading to his termination. Also it would be useful to know when your remission was cut off - mid year or after the full year, as well as the contractual terms of the remission benefits. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials,...

Q: Quit on 2/19/18 because of retaliation (whistleblowing & workers comp) and gender discrimination. Is it too late to sue

2 Answers | Asked in Employment Discrimination, Employment Law and Workers' Compensation for California on
Answered on Jan 22, 2019
Ronald Mahurin's answer
It is too late to proceed with a discrimination claim before the WCAB, However, you can still file a claim for WC benefits. The civil statute is longer, so you should be able to proceed with a claim in the civil courts.

Q: Im having issuese with pay and placement with the security company called securitas in los angeles

2 Answers | Asked in Employment Discrimination, Employment Law, Securities Law and Workers' Compensation for California on
Answered on Jan 21, 2019
Ronald Mahurin's answer
Unfortunately this is not a workers comp question. I tried to find a way to flag the questions, but there were no options. You need to post in employment law. There is no remedy in workers comp. for what you have described.

Q: Was injured at Walmart while working for them just recently. 4 days ago let H R know about losing feeling in both hands

4 Answers | Asked in Employment Discrimination, Employment Law, Personal Injury and Civil Rights for South Carolina on
Answered on Jan 15, 2019
Timur Akpinar's answer
Try additionally reposting your question in the Workers' Compensation section. Hopefully one of the experienced attorneys in that category could pick up the question.

Tim Akpinar

Q: Can I ask for the list of questions that a lawyer will ask me in a deposition ahead of time to prepare my answers?

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Answered on Jan 14, 2019
Ali Shahrestani, Esq.'s answer
There is no legal right to have a list of such questions provided to you ahead of time, as they constitute the private writings of the opposing lawyer until they are asked of you; and the questions might not even be prepared or written down in advance by the opposing lawyer. It's best to have a lawyer of your own prepare you prior to the deposition and represent you at the deposition. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial...

Q: I have a friend that's a manager an gets paid salery.. can they suspend him indefinatly without pay for getting arrested

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Answered on Jan 14, 2019
Kirk Angel's answer
Yes. North Carolina is an employment-at-wills state where an employer can take any action it wants against an employee for good reason, bad reason or no reason at all. As such, your friend's employer can suspend him at any time for any reason. Also, If your friend is not working, the employer is not required to pay him.

Q: Should i Bring a sexual Discrimination lawsuit against my employer?

1 Answer | Asked in Employment Law, Civil Litigation, Employment Discrimination and Sexual Harassment for Ohio on
Answered on Jan 13, 2019
Neil Klingshirn's answer
Every case is different, so the best course is to get advice specific to your situation. That said, as a general rule you should evaluate the strength of the evidence for your claim, the amount of damages you could recover and the costs you will incur to recover those damages.

Here, your claim is that gender discrimination is blocking your advancement to a better position. The manager's statement is direct evidence of that discrimination. You can testify that he said it, as can any of...

Q: I have had revoked overtime due to having FMLA - This is discrimination?

1 Answer | Asked in Employment Discrimination, Employment Law and Small Claims for Michigan on
Answered on Jan 12, 2019
Brent T. Geers' answer
Your situation would require consultation with an experienced employee-side employment law attorney. Very generally, you are not entitled to overtime, and so your company not giving you more overtime may not mean much.

Q: Are the Tennessee Code #'s 50-1-307 and 50-1-309 still active codes?

1 Answer | Asked in Employment Discrimination for Tennessee on
Answered on Jan 10, 2019
Frank J. Steiner's answer
Yes, the code sections are current

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.