Employment Discrimination Questions & Answers by State
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Employment Discrimination Questions & Answers
Q: Do Government agencies have to abide by the labor laws?
Kevin Sanderson's answer
Yes. Depending if you work for local, state or a federal agency, the rules and procedures differ greatly. They also differ from private sector employment/labor rules. You need to speak with an attorney who knows these areas well to get solid insight.
Yes. Depending if you work for local, state or a federal agency, the rules and procedures differ greatly. They also differ from private sector employment/labor rules. You need to speak with an attorney who knows these areas well to get solid insight.
Q: Can in employer deny your job and say you’re not qualified if in the requirements section it does not state it
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Maryland
on
Answered on Aug 13, 2018
Answered on Aug 13, 2018
Joseph D. Allen's answer
The job description is not definitive when it comes to the question of who is qualified to do the job. It can be strong evidence of what the employer considers qualified, but it is not a contract. But the larger issue is that the employer is not bound by their promise to promote you when you turned 18. Unless you have a written employment contract, they can always change their minds- for instance, based on their misunderstanding that you had a high school degree. Based on the facts you put...
The job description is not definitive when it comes to the question of who is qualified to do the job. It can be strong evidence of what the employer considers qualified, but it is not a contract. But the larger issue is that the employer is not bound by their promise to promote you when you turned 18. Unless you have a written employment contract, they can always change their minds- for instance, based on their misunderstanding that you had a high school degree. Based on the facts you put...
Q: Issue at work ended me up in ER and me quitting my job. Can i sue?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Kentucky
on
Answered on Aug 13, 2018
Answered on Aug 13, 2018
Timothy Denison's answer
Very doubtful you should sue, much less recover under the above facts. Time and money best spent elsewhere.
Very doubtful you should sue, much less recover under the above facts. Time and money best spent elsewhere.
Q: I had a harassment claim filed against me by a coworker after she received a bad performance review.
1 Answer
| Asked
in
Employment Law, Employment Discrimination and Sexual Harassment
for
Illinois
on
Answered on Aug 13, 2018
Answered on Aug 13, 2018
James G. Ahlberg's answer
You need to contact an attorney in your area who practices in the field of employment law as soon as possible. Explain your situation to him or her. Bring every document you have to the first appointment, including particularly any paycheck stubs or payroll information you have for the past year or two, performance reviews, and a copy of the employer's employee handbook. If you don't have a copy of the employee handbook, borrow one from someone who still works there. Don't write on any of the...
You need to contact an attorney in your area who practices in the field of employment law as soon as possible. Explain your situation to him or her. Bring every document you have to the first appointment, including particularly any paycheck stubs or payroll information you have for the past year or two, performance reviews, and a copy of the employer's employee handbook. If you don't have a copy of the employee handbook, borrow one from someone who still works there. Don't write on any of the...
Q: Issue at work ended me up in ER and me quitting my job. Can i sue?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Kentucky
on
Answered on Aug 12, 2018
Answered on Aug 12, 2018
Timothy Denison's answer
It would be a very difficult case to pursue, especially since you quit. Your time and efforts are probably better used elsewhere.
It would be a very difficult case to pursue, especially since you quit. Your time and efforts are probably better used elsewhere.
Q: what can I do for the employee I had terminated leave for good?
1 Answer
| Asked
in
Employment Discrimination, Employment Law and Business Law
for
Illinois
on
Answered on Aug 9, 2018
Answered on Aug 9, 2018
Q: When offered a promotion, can an employer change your salary even though you refused to sign your offer letter?
Michael David Siegel's answer
As long as you make minimum wage, and have no contract for anything else (which you don't as the unkept promises are not a contract), then the employer can do whatever he wants. You can always quit.
As long as you make minimum wage, and have no contract for anything else (which you don't as the unkept promises are not a contract), then the employer can do whatever he wants. You can always quit.
Q: Can I sue for discrimination because my 2 new Male co workers make more than me for doing the same job and less!
2 Answers
| Asked
in
Employment Discrimination and Employment Law
for
Florida
on
Answered on Aug 7, 2018
Answered on Aug 7, 2018
Ashley Ann Krapacs' answer
The Equal Pay Act requires employers to pay male and females the same amount for the same work. It sounds like you have an argument here. You should speak with an attorney who does equal pay/discrimination cases. I’ll be in the office tomorrow if you’d like to give me a call. My number is in my profile. Either way, good luck!
The Equal Pay Act requires employers to pay male and females the same amount for the same work. It sounds like you have an argument here. You should speak with an attorney who does equal pay/discrimination cases. I’ll be in the office tomorrow if you’d like to give me a call. My number is in my profile. Either way, good luck!
Q: Is it legal for your employer to get video surveillance and proof of purchase receipts from another establishment?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Maryland
on
Answered on Aug 7, 2018
Answered on Aug 7, 2018
Joseph D. Allen's answer
There does not appear to be anything wrong or illegal about gathering the surveillance video and receipts. However, if the only employee that was fired was not drinking (the video should back this up)- and the only one fired- this could potentially be a discrimination claim. Your partner should discuss with a labor and employment attorney.
There does not appear to be anything wrong or illegal about gathering the surveillance video and receipts. However, if the only employee that was fired was not drinking (the video should back this up)- and the only one fired- this could potentially be a discrimination claim. Your partner should discuss with a labor and employment attorney.
Q: Following countless reports of discriminatory treatment, my employer falsified documents to frame in me. Now what?
1 Answer
| Asked
in
Employment Law, Civil Rights and Employment Discrimination
for
New Jersey
on
Answered on Aug 5, 2018
Answered on Aug 5, 2018
Christopher J. Eibeler's answer
In order to prove a claim of retaliation, you will have to prove that you made a reasonable and good faith complaint of discrimination and suffered an adverse employment action For making your complaint. I would strongly recommend that you consult an experienced employment attorney as soon as possible and prior to your OAL disciplinary hearing.
In order to prove a claim of retaliation, you will have to prove that you made a reasonable and good faith complaint of discrimination and suffered an adverse employment action For making your complaint. I would strongly recommend that you consult an experienced employment attorney as soon as possible and prior to your OAL disciplinary hearing.
Q: My co-worker keeps asking me out and I am uncomfortable with it. Should I let my boss know?
Christopher J. Eibeler's answer
An employer has an obligation to have an effective anti-discrimination policy and to exercise reasonable care to prevent and correct promptly any sexually harassing behavior. As an employee who is being harassed by unwelcomed harassment, you should take advantage of any preventive or corrective opportunties provided by the employer, which would include informing management and/or HR of the harassment. It is always recommended you consult with an experienced employment lawyer to discuss the...
An employer has an obligation to have an effective anti-discrimination policy and to exercise reasonable care to prevent and correct promptly any sexually harassing behavior. As an employee who is being harassed by unwelcomed harassment, you should take advantage of any preventive or corrective opportunties provided by the employer, which would include informing management and/or HR of the harassment. It is always recommended you consult with an experienced employment lawyer to discuss the...
Q: I was wrongly accused of something I didn’t do at work.
2 Answers
| Asked
in
Contracts and Employment Discrimination
for
New York
on
Answered on Aug 3, 2018
Answered on Aug 3, 2018
V. Jonas Urba's answer
Biggest mistake employees have been making recently? They discuss the ongoing investigation with someone after being told not to do so. That's insubordination. It often results in termination.
Listen, take notes, ask questions and argue at your own risk; meaning dont argue. If you did nothing wrong you should recover unemployment unless you committed gross misconduct. That would include the above. Dont think because you were not there they have no evidence. They dont need any evidence....
Biggest mistake employees have been making recently? They discuss the ongoing investigation with someone after being told not to do so. That's insubordination. It often results in termination.
Listen, take notes, ask questions and argue at your own risk; meaning dont argue. If you did nothing wrong you should recover unemployment unless you committed gross misconduct. That would include the above. Dont think because you were not there they have no evidence. They dont need any evidence....
Q: Can I claim back 18 years’ worth of tax? Is by law all my driving while in the company car company business?
Salim U. Shaikh's answer
Company might ben preparing a case to get rid of your services. Before they build up excuses, you must seek their formal explanation as to when and where did you violate company's policy. Their formal explanation might help you to defend your case. However, you can also sue the company for spinal degeneration due to excessive car driving, etc. It would be advisable, if you consult Attorney of your local jurisdiction to prepare your case.
Company might ben preparing a case to get rid of your services. Before they build up excuses, you must seek their formal explanation as to when and where did you violate company's policy. Their formal explanation might help you to defend your case. However, you can also sue the company for spinal degeneration due to excessive car driving, etc. It would be advisable, if you consult Attorney of your local jurisdiction to prepare your case.
Q: I had turned in FMLA papers, my Principal still mentioned on my evaluations my disabilities....is this legally allowed?
1 Answer
| Asked
in
Civil Rights and Employment Discrimination
for
Florida
on
Answered on Aug 1, 2018
Answered on Aug 1, 2018
Ashley Ann Krapacs' answer
I'm so sorry that you are going through this. Are you saying that your boss made a decision regarding your future employment based upon a disability that you have? If that is so, you likely have a case, possibly for discrimination under the Americans With Disabilities Act, as well as the Family and Medical Leave Act. You should contact an attorney to see what your options are. Best of luck to you.
I'm so sorry that you are going through this. Are you saying that your boss made a decision regarding your future employment based upon a disability that you have? If that is so, you likely have a case, possibly for discrimination under the Americans With Disabilities Act, as well as the Family and Medical Leave Act. You should contact an attorney to see what your options are. Best of luck to you.
Q: Can a company terminate you without your union rep present? never given any warning I feel my rights were violated
1 Answer
| Asked
in
Contracts, Employment Discrimination and Employment Law
for
California
on
Answered on Jul 31, 2018
Answered on Jul 31, 2018
Louis George Fazzi's answer
The answer to your question depends on a number of variables which you have not provided. I recommend you see an employment lawyer well versed in representing union members who have collective bargaining agreements covering the terms and conditions of employment.
You should first look through either your employment manual if you were given one, or your union contract, which should be a booklet which outlines all your rights. I also suggest you talk to your local union rep about the...
The answer to your question depends on a number of variables which you have not provided. I recommend you see an employment lawyer well versed in representing union members who have collective bargaining agreements covering the terms and conditions of employment.
You should first look through either your employment manual if you were given one, or your union contract, which should be a booklet which outlines all your rights. I also suggest you talk to your local union rep about the...
Q: Any kind of suit possible from this scenerio?
1 Answer
| Asked
in
Employment Law and Employment Discrimination
for
Tennessee
on
Answered on Jul 30, 2018
Answered on Jul 30, 2018
Mr. Kent Thomas Jones Esq.'s answer
Well, you are in at least two protected classes. You are over the age of 40, so there may be age discrimination. You are a female, so there may be sex-related discrimination. I don't know what race you are; however, that could be a factor as well. It sounds like you may have some circumstantial evidence of discrimination; however, to make the best case, you also need live testimony of someone who heard upper management saying that they don't like older workers or females. I would suggest...
Well, you are in at least two protected classes. You are over the age of 40, so there may be age discrimination. You are a female, so there may be sex-related discrimination. I don't know what race you are; however, that could be a factor as well. It sounds like you may have some circumstantial evidence of discrimination; however, to make the best case, you also need live testimony of someone who heard upper management saying that they don't like older workers or females. I would suggest...
Q: My original atty from '06 injury left practice long ago.Partner said will rep me for life of claim. How does she get $ ?
1 Answer
| Asked
in
Workers' Compensation, Employment Discrimination and Gov & Administrative Law
for
California
on
Answered on Jul 27, 2018
Answered on Jul 27, 2018
Nancy J. Wallace's answer
she doesn't get paid. THAT is the price of letting a client settle by way of Stipulations With Request For Award. the attorney gets to work for free. You should have been visiting the treating physician every 6 months since being released. if you don't use your 'future' medical care it's really tough to get it re-established. If you had been visiting the treater every 6 months or every 9 months, you could walk in without reaching the adjuster again.
she doesn't get paid. THAT is the price of letting a client settle by way of Stipulations With Request For Award. the attorney gets to work for free. You should have been visiting the treating physician every 6 months since being released. if you don't use your 'future' medical care it's really tough to get it re-established. If you had been visiting the treater every 6 months or every 9 months, you could walk in without reaching the adjuster again.
Q: Is it legal to be treated poorly by a manager because people thought he was to friendly or favoritism?
Ashley Ann Krapacs' answer
Poor treatment by a manager alone is not unlawful. However, if you were targeted because of your sex, gender, race, age, religion, or national origin, you may have a case.
As far as whether you can be fired for "hearsay office gossip," in Florida, employment is "at-will," meaning you can be fired at any time for any reason. The only exception is that you can't be fired for an illegal reason, like if you were being discriminated against because of your sex or race or age.
Poor treatment by a manager alone is not unlawful. However, if you were targeted because of your sex, gender, race, age, religion, or national origin, you may have a case.
As far as whether you can be fired for "hearsay office gossip," in Florida, employment is "at-will," meaning you can be fired at any time for any reason. The only exception is that you can't be fired for an illegal reason, like if you were being discriminated against because of your sex or race or age.
Q: Should I take legal action against my boss?
1 Answer
| Asked
in
Civil Rights, Employment Law, Workers' Compensation and Employment Discrimination
for
Maryland
on
Answered on Jul 26, 2018
Answered on Jul 26, 2018
Joseph D. Allen's answer
As far as injuries to yourself and related medical expenses, your situation seems to fall squarely under the workers compensation system. Any non-injury related damages you incurred (or potentially damages to the unborn child) might or might not fall outside workers compensation. It certainly seems inconsiderate and foolish of your employer to have you fill out the incident report form before getting medical care- but it is not clear whether that would create civil liability outside the...
As far as injuries to yourself and related medical expenses, your situation seems to fall squarely under the workers compensation system. Any non-injury related damages you incurred (or potentially damages to the unborn child) might or might not fall outside workers compensation. It certainly seems inconsiderate and foolish of your employer to have you fill out the incident report form before getting medical care- but it is not clear whether that would create civil liability outside the...
Q: Does having an attorney representing you during an IDHR mediation make a difference ?
1 Answer
| Asked
in
Employment Law, Arbitration / Mediation Law and Employment Discrimination
for
Illinois
on
Answered on Jul 24, 2018
Answered on Jul 24, 2018
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