Get free answers to your Employment Discrimination legal questions from lawyers in your area.
Your current state is Ohio
I was fired after starting a warehouse job, suspecting racial discrimination.
I received termination text with no prior performance feedback or warning.
answered on Dec 9, 2024
You need show some evidence that their decision was at least in part caused by a discriminatory motive. The evidence can be almost anything that suggests racial bias. For example, if the only difference between you and the other employers is your race (and not a difference in performance, skill,... View More 
…My check on payday. Management was out of town, couldn’t reach anyone so I picked up the checks, we still can’t cash them 4 days later and now I’m suspended for a week because per usual “there was no money in the account”. I have An obvious case right?
answered on Dec 8, 2024
Since you were subjected to discipline, a suspension, for picking your paycheck on payday, you likely have a claim for illegal retaliation for seeking your timely payment of your wages. Your employer is not allowed to delay payment based upon case flow.
Since your employer is consistently... View More
…My check on payday. Management was out of town, couldn’t reach anyone so I picked up the checks, we still can’t cash them 4 days later and now I’m suspended for a week because per usual “there was no money in the account”. I have An obvious case right?
answered on Dec 9, 2024
I am going to disagree slightly with my colleagues here. If you did not have permission to take the paychecks and took them anyway, that could well be a terminatable offense. However, you and your co-workers would have meritorious claims for violation of the Labor Code for the many late and NSF... View More
I’m a transgender woman and work for DOT, the testing being administered by HHS protocol
answered on Dec 6, 2024
In certain circumstances, you have the right to have a person of the same gender (not gender identity) serve as an observer during a drug test. If you fall into one of those circumstances, you--as a transgender woman--would have the right to insist that any observer be of the same gender (male as... View More
I had been terminated and at that time was told my termination reason was “confidential”. I had applied for unemployment and was denied due to “willful misconduct”. There was a file attached from my boss that was not added to Paycom until 10.23.24, when I was terminated on 10.11.24 and... View More
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answered on Dec 3, 2024
Sorry to hear about the loss of your job. The medical issue could potentially qualify you to make a claim under the Americans with Disabilities Act ("ADA"). You will want to speak with a local attorney who practices in Employment law and discuss this further as well as the confidentiality... View More
Signed by my doctor. They sent me home. On the second day I brought in a note and they allowed me to work the full day. The following day they denied the note stating that because it was a printed note provided by my employer's third party FMLA leave provider to my dr, that they could not... View More
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answered on Dec 2, 2024
Very sorry you are dealing with this issue. Employers have a lot of latitude when they deal with employee FMLA issues. With that said, there could be some issues that fall under the Americans with Disabilities ("ADA") if you qualify. When an employer requests that you return to full duty... View More
Deposition transcript was never used in arbitration ,case settled during discovery, transcript was shared 3 years later to another lawyer in another arbitration proceeding I was involved in ....it was actually stolen by the associate
answered on Nov 25, 2024
If the associate was an attorney in the law firm that represented you in the arbitration proceeding, he should not share your deposition transcript without your permission.
If the associate was an attorney in a law firm representing another party in that arbitration proceeding, he can... View More
answered on Nov 23, 2024
The first question is whether the employee communicated with his employer about his absence. If the illness was so severe and unexpected that it prevented communication, then the failure to notify the employer could be excused.
In California, if your employer has at least 5 employees, then... View More
My final reason for termination was Job performance with the explanation of I left my shift early and did not tell anyone and that I was warned before. Yes I left my shift early did I tell anyone yes and I wrote on our Teaming schedule that I was leaving early like all others do and never get into... View More
answered on Nov 20, 2024
In California you are considered to be employed on an at will basis unless you have an agreement to the contrary about that status with your employer. The employer of an at will employer can terminate the employee at any time and for any reason or even no reason at all. Terminating you for... View More
I work for a multi-billion dollar, global corporation in a manufacturing facility. I was recently diagnosed with ALS and have been working from home for several months. I made a formal accommodations request for a wheelchair accessible workspace and a hybrid work schedule (2 days in office/2 days... View More
answered on Nov 18, 2024
Far more needs to be known about your situation before an attorney can confirm whether you are being treated unlawfully. However there are indications in your post that the employer may be violating the Fair Employment and Housing Act. For instance, you do not post about what restrictions you have... View More
I wanted to ask if I can still file on the retaliation cuz I was treated wrong snd I hurt myself as well but I got settlement for my injury so can I file for the retaliation still!
answered on Nov 9, 2024
The answer to your question will require an attorney to look at the settlement agreement in the workers compensation matter. If the scope of the workers compensation settlement was written too broadly, you might have signed away your rights to sue for unlawful retaliation. You need to locate and... View More
I just want to know if I’m suppose to file separately?
answered on Nov 9, 2024
You most likely have two distinct and separate cases, the first being the worker's compensation claim, and the second which is a civil rights claim that has to be filed within strict deadlines, called the statute of limitations, or you could end up waiving and giving up your civil rights... View More
I just want to know if I’m suppose to file separately?
answered on Nov 9, 2024
You say you filed a claim for retaliatory termination. However you do not indicate how or where you did such a filing. It is critically important that you immediately locate and consult with an employment law attorney with whom you can share much more detail. Depending on where you filed your... View More
I was hired in August 2024 but recently let go. Even though I worked hard, was always on time, and worked overtime, I never got paid for it. I never talked about politics or religion and always tried to fit in with the team. But I always was excluded from team-building functions like lunch or... View More
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answered on Nov 7, 2024
Good afternoon, very sorry to hear of this. If you did not receive pay that was owed to you then you may want to contact the Department of Labor at dol.gov and file a complaint with the agency. They investigate claims of wage and hour violations for free. You could also seek legal counsel to... View More
I am a social worker in hospital. Asked for a modified schedule from m-f to four ten hour shifts. My department had refused to do this nor have they tried to discuss any other options. They only state they do not have a position with those hours available right now. I have made several suggestions... View More
answered on Nov 6, 2024
Was your request for a modified schedule based on a medical condition? Did you provide supporting documentation for this request from your medical provider? If so, the hospital's refusal to entertain your request or discuss alternative accommodations could be a violation of the Americans with... View More
missclassification, breach of contract, fraud, unpaid wages this is for Dallas, Texas
answered on Nov 5, 2024
An arbitration proceeding is very much like a trial. If you have no clue on what is needed, it is extremely important that you hire a competent attorney with experience in arbitration proceedings to represent you to present your evidence, witnesses, and arguments in a persuasive manner and in... View More
missclassification, breach of contract, fraud, unpaid wages this is for Dallas, Texas
answered on Nov 7, 2024
For arbitrations hosted by large entities such as the American Arbitration Association, your matter is probably assigned an Arbitrator and a Case Administrator. The Case Administrator may be able to provide you with guidance regarding location of hearing, scheduling/adjournments, format for... View More
What are my options. I was just told that i should take another offer from a different company and leave. Is that legally considered me being let go or fired?They still are employing me. The company has also forced me to drive my personal vehicle while on a suspended license and they know its... View More
answered on Oct 29, 2024
If your employer is still employing you, you are not fire (at least not yet). You can ask HR or your supervisor in writing for clarification or you can keep working until your employer terminates you.
More important, you need to get your license reinstated ASAP for two reasons.... View More
So I filed a wage claim about a year ago now after I left my job after 2 years which I did get a settlement for it. My former employer works with 2 different temp agencies, fast forward to this year I wanted to try and go back to work for that company. I went through the other neighboring temp... View More
answered on Oct 29, 2024
If you could prove that you have not been rehired because you made a wage claim, there may be a viable unlawful failure to hire case. However, more needs to be known. For instance when you settled the prior case if it was some time ago it was common for companies to include a no re-hire provision... View More
I work for a non-profit organization and my Executive Director suffers with her mental health in ways that have created an extremely unhealthy work environment. The negative work culture has become so toxic that my coworker started to talk with me about how bad things are. This made my Executive... View More
answered on Oct 24, 2024
This is not an OSHA issue. Your best first move is to 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 go to www.cela.org, the home page for the California... View More
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