Employment Discrimination Questions & Answers by State
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Employment Discrimination Questions & Answers
Q: Can wife record if off hours at workplace for investigation on battery for everything being said during questioning?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
California
on
Answered on Apr 22, 2019
Answered on Apr 22, 2019
Neil Pedersen's answer
California Penal Code section 632 makes it a misdemeanor crime and a civil wrong to audio record someone who believes they are having a private conversation. A violation can result in you being liable for a $5,000 civil penalty for each recording she makes. She can bring a recorder, place it on the table, and announce that she is recording, but it cannot be done surreptitiously. Note, the employer can object to the recording being made.
Good luck to you and your wife.
California Penal Code section 632 makes it a misdemeanor crime and a civil wrong to audio record someone who believes they are having a private conversation. A violation can result in you being liable for a $5,000 civil penalty for each recording she makes. She can bring a recorder, place it on the table, and announce that she is recording, but it cannot be done surreptitiously. Note, the employer can object to the recording being made.
Good luck to you and your wife.
Q: Wife was swatted on hip for serving to much food several times, can we sue if nothing is resolved internally?
2 Answers
| Asked
in
Criminal Law, Employment Law, Employment Discrimination and Federal Crimes
for
California
on
Answered on Apr 22, 2019
Answered on Apr 22, 2019
Neil Pedersen's answer
Any physical contact in the workplace can be considered a battery if unwelcomed. Once reported the employer has a duty to protect the employee against further workplace violence. Such contact can also be considered a crime. Your wife should report the specifics of what happened, and if possible, do so in writing. If the violence continues, it would be appropriate for her to contact the police and an attorney.
Good luck to you and to her.
Any physical contact in the workplace can be considered a battery if unwelcomed. Once reported the employer has a duty to protect the employee against further workplace violence. Such contact can also be considered a crime. Your wife should report the specifics of what happened, and if possible, do so in writing. If the violence continues, it would be appropriate for her to contact the police and an attorney.
Good luck to you and to her.
Q: I am bullied daily at work. complained but no results. I have had severe emotional stress/suicidal thoughts. Can I sue?
2 Answers
| Asked
in
Employment Discrimination, Employment Law and Sexual Harassment
for
North Carolina
on
Answered on Apr 19, 2019
Answered on Apr 19, 2019
Bruce Alexander Minnick's answer
If you feel you are being discriminated against at work you should either contact the federal Equal Employment Opportunity Commission in Washington DC or contact the corresponding state agency in South Carolina that also handles these claims.
If you feel you are being discriminated against at work you should either contact the federal Equal Employment Opportunity Commission in Washington DC or contact the corresponding state agency in South Carolina that also handles these claims.
Q: I have question. I have wrongful termination and discrimination
1 Answer
| Asked
in
Employment Discrimination, Employment Law and Legal Malpractice
for
California
on
Answered on Apr 18, 2019
Answered on Apr 18, 2019
Neil Pedersen's answer
I am sorry but your post is not very clear. I will try to provide some guidance.
An employee who is terminated (i.e., discriminated against) because of their membership in a protected class who worked in California has options about which law he or she wishes to use to enforce their rights. The federal Title VII laws are available as are the California Fair Employment and Housing Act (FEHA) laws. If do not need to use Title VII then it is usually far superior to use FEHA. If your...
I am sorry but your post is not very clear. I will try to provide some guidance.
An employee who is terminated (i.e., discriminated against) because of their membership in a protected class who worked in California has options about which law he or she wishes to use to enforce their rights. The federal Title VII laws are available as are the California Fair Employment and Housing Act (FEHA) laws. If do not need to use Title VII then it is usually far superior to use FEHA. If your...
Q: I work at walmart, and I was on medical leave for one year do to my disability. I am schizophrenic. And I have returned
Neil Pedersen's answer
Unfortunately it looks like your post was not complete. We therefore do not have your question. Generally know that being terminated while out on disability leave is not per se unlawful. However being terminated under such circumstances certainly raises several red flags of possible unlawful conduct by the employer. It would therefore be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I...
Unfortunately it looks like your post was not complete. We therefore do not have your question. Generally know that being terminated while out on disability leave is not per se unlawful. However being terminated under such circumstances certainly raises several red flags of possible unlawful conduct by the employer. It would therefore be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I...
Q: Can I sue my employer for treating me different from everyone else?
2 Answers
| Asked
in
Employment Discrimination and Employment Law
for
Florida
on
Answered on Apr 15, 2019
Answered on Apr 15, 2019
Terrence H Thorgaard's answer
No, your employer is not required to treat you like everyone else, unless he is treating you differently on the basis of race, religion, ethnicity, sex, or other such classification.
No, your employer is not required to treat you like everyone else, unless he is treating you differently on the basis of race, religion, ethnicity, sex, or other such classification.
Q: Hi, I started working at a IGA store in my town where I noticed I was being underpaid the agreed wage rate.
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
North Carolina
on
Answered on Apr 14, 2019
Answered on Apr 14, 2019
Kirk Angel's answer
If the employer is not paying you a promised wage, you can file a complaint for free with the North Carolina Department of Labor's Wage and Hour Bureau. Search online and their website will give you information on filing via phone.
If the employer is not paying you a promised wage, you can file a complaint for free with the North Carolina Department of Labor's Wage and Hour Bureau. Search online and their website will give you information on filing via phone.
Q: My employer posted my drug test results with name for all employees to see..i was fired through text. What do i do now?
1 Answer
| Asked
in
Employment Discrimination, Employment Law and Health Care Law
for
Florida
on
Answered on Apr 10, 2019
Answered on Apr 10, 2019
Bruce Alexander Minnick's answer
Unless you have a written employment agreement, you have little or no employee rights in Florida. Why? Because Florida is an “at will employment” state--which means Florida employers are free to hire, assign, re-assign, re-locate, promote, demote, discipline, suspend or terminate employees “at will.” They do not have to give employees any reason either. The only thing employers cannot lawfully do is make these employment decisions based upon any illegal reason or classification such as...
Unless you have a written employment agreement, you have little or no employee rights in Florida. Why? Because Florida is an “at will employment” state--which means Florida employers are free to hire, assign, re-assign, re-locate, promote, demote, discipline, suspend or terminate employees “at will.” They do not have to give employees any reason either. The only thing employers cannot lawfully do is make these employment decisions based upon any illegal reason or classification such as...
Q: I was denied benefits from ui my employer claimed i was guilty of misconduct. I have one more appeal and i think i
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
California
on
Answered on Apr 9, 2019
Answered on Apr 9, 2019
Neil Pedersen's answer
First, be sure to file your paperwork with the EDD regarding the denial of those benefits. There is a very short time limit to do so. Do not wait until you find an attorney to do that.
Second, it sounds like you are linking successfully appealing the UI benefits to making a claim for discrimination and wrongful termination. They are two separate things in two separate systems and one does not rely upon the other. In fact it is highly unlikely that a determination by the EDD would be...
First, be sure to file your paperwork with the EDD regarding the denial of those benefits. There is a very short time limit to do so. Do not wait until you find an attorney to do that.
Second, it sounds like you are linking successfully appealing the UI benefits to making a claim for discrimination and wrongful termination. They are two separate things in two separate systems and one does not rely upon the other. In fact it is highly unlikely that a determination by the EDD would be...
Q: Does my employer have to reinstate me into the exact position as when I was hurt?
1 Answer
| Asked
in
Employment Discrimination, Employment Law, Personal Injury and Workers' Compensation
for
Kentucky
on
Answered on Apr 9, 2019
Answered on Apr 9, 2019
Timothy Denison's answer
As long as your pay is the same, they can put you in any position they need you in.
As long as your pay is the same, they can put you in any position they need you in.
Q: bank told my employer that they had wrong direct deposit information and directed employer to change without my consent
1 Answer
| Asked
in
Banking, Civil Litigation, Employment Discrimination and Employment Law
for
Mississippi
on
Answered on Apr 8, 2019
Answered on Apr 8, 2019
Bruce Alexander Minnick's answer
Regardless of the bank SNAFU, if you are receiving pay for the time worked you have no viable claim. Litigants MUST have a real injury in order to sue somebody.
Regardless of the bank SNAFU, if you are receiving pay for the time worked you have no viable claim. Litigants MUST have a real injury in order to sue somebody.
Q: I got fired from my job today after taking a 2 day emergency leave because I was in the hospital . They took me off of
1 Answer
| Asked
in
Employment Law, Education Law and Employment Discrimination
for
Kentucky
on
Answered on Apr 6, 2019
Answered on Apr 6, 2019
Timothy Denison's answer
Unfortunately, Kentucky is an “at will” state, which means they can fire you for any reason at all or no reason at all.
Unfortunately, Kentucky is an “at will” state, which means they can fire you for any reason at all or no reason at all.
Q: Is it discriminatory for a company to give a raise of 7% to all the unionized employees except for 2,
1 Answer
| Asked
in
Business Law, Contracts and Employment Discrimination
on
Answered on Apr 4, 2019
Answered on Apr 4, 2019
Bruce Alexander Minnick's answer
Unfair? Perhaps. Illegal? No.
Unless your official job position is one within the jobs legally represented by the union you are not entitled to any of the employment benefits that the union members get. They have a contract; you probably do not.
Unfair? Perhaps. Illegal? No.
Unless your official job position is one within the jobs legally represented by the union you are not entitled to any of the employment benefits that the union members get. They have a contract; you probably do not.
Q: I work for a veterinarian 9 years he’s selling his business says he won’t give me my 2 weeks vacation can he do this.
Terrence H Thorgaard's answer
It depends on whether you have a written employment contract providing for such vacation time.
It depends on whether you have a written employment contract providing for such vacation time.
Q: Work for LA Co Dept of Public Works. What kind of an attorney do I need for hostile work environment & FMLA.
1 Answer
| Asked
in
Civil Litigation, Employment Discrimination, Employment Law and Civil Rights
for
California
on
Answered on Apr 2, 2019
Answered on Apr 2, 2019
Neil Pedersen's answer
An employment law attorney familiar with the Fair Employment and Housing act, FMLA and litigating against public entities. Most experienced employment law attorneys will likely have competencies in those areas, but be sure to ask for that specifically. I would suggest you look either on this site or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers....
An employment law attorney familiar with the Fair Employment and Housing act, FMLA and litigating against public entities. Most experienced employment law attorneys will likely have competencies in those areas, but be sure to ask for that specifically. I would suggest you look either on this site or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers....
Q: Can she do that? What can I do ? Do I have to pay the bill? I don’t believe I should since I didn’t sign a contract.
1 Answer
| Asked
in
Contracts, Employment Law and Employment Discrimination
for
Pennsylvania
on
Answered on Apr 1, 2019
Answered on Apr 1, 2019
Bruce Alexander Minnick's answer
Let me break it down for you: If you received $690 more in daycare services than the amount of your paycheck--and then quit working at the daycare--it does not appear unlawful for your employer to withhold and apply your last paycheck to cover a portion of what you owe them. Nor do they have to allow you to pay $50.00 a month (for the new 14 months). Taka advantage of the employer's offer to work things out.
Let me break it down for you: If you received $690 more in daycare services than the amount of your paycheck--and then quit working at the daycare--it does not appear unlawful for your employer to withhold and apply your last paycheck to cover a portion of what you owe them. Nor do they have to allow you to pay $50.00 a month (for the new 14 months). Taka advantage of the employer's offer to work things out.
Q: Employer failed to update my I9 with HR and didn’t let me work but I have copy of updated info. It was their mistake
1 Answer
| Asked
in
Employment Discrimination, Employment Law and Immigration Law
for
Florida
on
Answered on Mar 26, 2019
Answered on Mar 26, 2019
Bruce Alexander Minnick's answer
Legal answer: Unless you have a written employment agreement, you have little or no employee rights in Florida. Why? Because Florida is an “at will employment” state--which means Florida employers are free to hire, assign, re-assign, re-locate, promote, demote, discipline, suspend or terminate employees “at will.” They do not have to give employees any reason either. The only thing employers cannot lawfully do is make these employment decisions based upon any illegal reason or...
Legal answer: Unless you have a written employment agreement, you have little or no employee rights in Florida. Why? Because Florida is an “at will employment” state--which means Florida employers are free to hire, assign, re-assign, re-locate, promote, demote, discipline, suspend or terminate employees “at will.” They do not have to give employees any reason either. The only thing employers cannot lawfully do is make these employment decisions based upon any illegal reason or...
Q: If my ex husband has been working a lot of overtime can I take him back to court?
Cary B. Hall's answer
When you say "take him back to court," do you mean to increase any alimony award he may be paying right now, or to increase a child support payment?
If the former, likely not - although perhaps, if the alimony award/agreement allows for modification. You'll need to have a family law attorney review all the paperwork on that issue to give you a more definitive answer.
If the latter, and your "child" is now an adult, your ex-husband no longer has any obligation to pay child...
When you say "take him back to court," do you mean to increase any alimony award he may be paying right now, or to increase a child support payment?
If the former, likely not - although perhaps, if the alimony award/agreement allows for modification. You'll need to have a family law attorney review all the paperwork on that issue to give you a more definitive answer.
If the latter, and your "child" is now an adult, your ex-husband no longer has any obligation to pay child...
Q: Can I not ask back an hourly employee for next year?
1 Answer
| Asked
in
Employment Law and Employment Discrimination
for
New York
on
Answered on Mar 18, 2019
Answered on Mar 18, 2019
V. Jonas Urba's answer
Employment at will is the law unless:
An employer violates a union contract or a private employment contract or an employee has vested civil service rights (the employee works for the government or might be funded with government funds).
If you receive government monies you definitely should retain or consult an employment lawyer.
Have any contracts which may apply reviewed before firing anyone. Consult legal regardless before making termination decisions to be safe.
Employment at will is the law unless:
An employer violates a union contract or a private employment contract or an employee has vested civil service rights (the employee works for the government or might be funded with government funds).
If you receive government monies you definitely should retain or consult an employment lawyer.
Have any contracts which may apply reviewed before firing anyone. Consult legal regardless before making termination decisions to be safe.
Q: If I get fired does the company I work for have to pay me for any accrued vacation
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
California
on
Answered on Mar 16, 2019
Answered on Mar 16, 2019
Louis George Fazzi's answer
It seems from what you've said that you don't "earn" the vacation time until after you have worked for one year. This means that the vacation pay doesn't "accrue" until after you have been employed for one full year. In other words, the vacation pay only becomes "vested" (i.e. you have the right to it) once you have worked a full year.
I've seen many instances where an employee is terminated just prior to the vesting of their benefits. Some unscrupulous employers will make up reasons to...
It seems from what you've said that you don't "earn" the vacation time until after you have worked for one year. This means that the vacation pay doesn't "accrue" until after you have been employed for one full year. In other words, the vacation pay only becomes "vested" (i.e. you have the right to it) once you have worked a full year.
I've seen many instances where an employee is terminated just prior to the vesting of their benefits. Some unscrupulous employers will make up reasons to...
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