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Employment Discrimination Questions & Answers
2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: For a minor working in the fast food business, Will he or she get fined $500 for working 35 minutes after their shift?

Like they were working on prepping for the day (during the corona virus outbreak) and their manager said there will be a $500 fine. Is this correct?

Kevin Sanderson
Kevin Sanderson answered on Apr 4, 2020

I've never heard of such a thing.

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1 Answer | Asked in Employment Discrimination, Employment Law, Civil Rights and Health Care Law for New York on
Q: Can an employer require employees who return to work following a COVID-19 Diagnosis to wear a mask?

I am a Civil Service Employee in NYS, which is a represented by a Union. The Chief Administrative officer has stated that once the Dept of Health Clears an employee to return to work after a COVID-19 Infection, that the employee must wear a mask for 7 additional days. The act of being forced to... Read more »

V. Jonas Urba
V. Jonas Urba answered on Apr 1, 2020

Everyone should be wearing masks with or without a diagnosis. Medical experts recommend that.

I had an emergency need to venture out today. The people with masks are the ones we respect most because they respect us and our well being.

You should be held in high esteem and continue...
Read more »

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for New York on
Q: If a male coworker tells a female coworker “I’ll let your attitude slide because of pregnancy hormones” is that harasmnt

Female coworker is not pregnant

Brian Greben
Brian Greben answered on Apr 1, 2020

Yes, it's harassment. But if that's the only statement at issue, it's probably not to establish a pattern of discriminatory conduct.

1 Answer | Asked in Employment Discrimination for New York on
Q: I feel as though I been discriminated against at my job where as my supervisor denied me overtime for years threatens me

Tried to terminate me on my vacation I have a case with the eeoc I can request the letter to sue but I need a lawyer to explain to me abt this

V. Jonas Urba
V. Jonas Urba answered on Apr 1, 2020

Were you discriminated against because of your race, sex, religion, national origin, marital status, disability, etc....

Being denied overtime because your supervisor does not like you is NOT illegal.

Being denied overtime because you are black, Hispanic, female or disabled MIGHT be...
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1 Answer | Asked in Business Law, Employment Discrimination and Employment Law for Utah on
Q: Is my employer required to offer sick pay if I am stuck without a babysitter as schools are shut down?

I am a widower and my son has special needs so I’m wondering about my rights

Rhiannon Herbert
Rhiannon Herbert answered on Apr 1, 2020

This depends on the size of your employer. The Families First Coronavirus Response Act takes effect today, April 1, 2020. Under the Act, employees who are required to stay home to care for children whose schools have been closed due to COVID-19 concerns are required to receive sick pay at 2/3 their... Read more »

1 Answer | Asked in Personal Injury, Business Law and Employment Discrimination for Oregon on
Q: What can I do if my job is at high risk of giving me covid? It is a crowded place, and it isn't essential

I work in a call center, we are more than capable of doing this job from home, they aren't allowing us to work from home, but they're not doing anything but putting our lives at risk. Every single person that works there gets sick if so much as one other person gets sick. The job that we perform is... Read more »

Joanne Reisman
Joanne Reisman answered on Mar 31, 2020

Assuming you are in Oregon Governor Brown's order expressly banns office work when the work can be done from home. https://www.opb.org/news/article/oregon-washington-northwest-coronavirus-cases-live-updates-march-23/ This article explains where to report a suspected violation:... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Michigan on
Q: quit job due to harassment issue management did nothing to resolve. Caused fear getting job can I apply for unemployment
Brent T. Geers
Brent T. Geers answered on Mar 31, 2020

You can certainly apply for unemployment. Your question does not provide enough information to determine if you would qualify as a threshold matter. If you did, your employer may challenge it, in which case you'd be entitled to an administrative hearing to determine whether you quit for cause.

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: Is it unlawful for an employer to provide a false reason for placing an employee on administrative leave?

On March 16th, I was informed that members on my team have been laid-off/furloughed due to the epidemic. On March 19th, using my employers Ethics and Compliance Reporting Hotline, I submitted a report of racial discrimination for an issue that had been occurring for several months. The next day,... Read more »

Joseph D. Allen
Joseph D. Allen answered on Mar 31, 2020

It's not entirely clear what the substantive difference between being on administrative leave and laid off/furloughed would be in this situation. Also, if the entire building was laid off prior to the complaint (or leave request?) being made, it might be difficult to establish a case of... Read more »

2 Answers | Asked in Employment Discrimination for Florida on
Q: I was wrongfully terminated during a pandemic. There is policy I broke but the policy states could be corrective action

The policy states it could be a corrective action UP TO termination. It’s a lot of grey area. I believe my boss who dislikes me terminated me as retaliation instead of issuing the corrective action.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 30, 2020

If you feel you have been discriminated against by actions of your supervisors or co-workers at your workplace because of your race, age, gender (including sexual harassment), sexual orientation or national origin, religion or marital status or because you have a disability, or feel you have been... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Can my employer require me to wear a mask at work due to COVID I’m a veteran w/ ptsd and phobias about covering my mouth

I’ve been working there for 14 years and they suddenly are requiring us to wear a mask. I spoke to our EO who said they can’t make me but my boss is saying it’s manditory and if we don’t we have to use our time and take off from work. It’s a civil service position. Adding that only 2... Read more »

V. Jonas Urba
V. Jonas Urba answered on Mar 28, 2020

I think you have to examine the purpose for the requirement. It's to keep others, not you necessarily, safe.

Public safety almost always trumps (no pun intended) personal safety.

I guess wearing a hazmat suit might be another option but would not that be even worse? What other...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Hello i got layed-off and cut hours on march 20th over a text message and on march 23th i received my last check

I still didn't receive any paperwork

Neil Pedersen
Neil Pedersen answered on Mar 26, 2020

You have not asked a question so it is hard to know what you seek. I am sorry to hear you have lost your job. That is always difficult. However there are many positives for you at this time. First, the waiting period for unemployment insurance claims has been waived so you can immediately... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Is it legal to fire an employee during this Covid-19 crisis without any previous problems or write ups

On Thursday morning the staff had a meeting with the owners and we told thst starting Monday they would be shutdown until the 30th and they would go fro there he came back from lunch and they fired him The only reasons he gave was thst my husband had said something about the owners and that he... Read more »

Carrie Dyer
Carrie Dyer answered on Mar 25, 2020

Kentucky is an at-will state. Therefore, as an employee, your husband can generally be fired for any reason at any time. There are very few exceptions. The COVID-19 crisis, alone, does not prevent an employer from being able to terminate an employee. You should contact an employment law... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: can my employer force me to work 24 hrs. then use my PTO to cover the other 16 hrs. of the 40 hr.week? I am a salaried

exempt employee. i thought no matter how many hours i work i am guaranteed my salary.

Rhiannon Herbert
Rhiannon Herbert answered on Mar 25, 2020

This depends on whether you performed work on days your employer required you to use your PTO. Under the Fair Labor Standards Act, employers may take deductions from a salary exempt employee's earnings if you are absent from work for one or more FULL days for personal reasons other than sickness or... Read more »

1 Answer | Asked in Employment Discrimination and Securities Law for California on
Q: I understand that If a private company uses a unlicensed agent to raise assets, that's an SEC violation.

However, is there anything in it for me to turn the company in?

The company has gone from zero value to $85 million in value and used me, a misclassified independent consultant, to raise money for them. I am going after the company based on being misclassified. But, could I receive... Read more »

Louis George Fazzi
Louis George Fazzi answered on Mar 24, 2020

In my opinion, there is nothing in it for you. The whistleblower statute was created as an incentive for people to report fraud on the government, or waste of government assets or expenditures. I don’t see that in this situation.

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: Is there a California DFEH provision for this? Title 42 - T CHAPTER 21 - §2000e–5-(e)-1

I'm sorry, this is my first time asking a question here. I am reading NATIONAL RAILROAD PASSENGER CORPORATION v. MORGAN; I wanted to see if the DFEH used the same provision or if California had one of their own. (I had already taken my email out of the question)

Is there a California... Read more »

Neil Pedersen
Neil Pedersen answered on Mar 24, 2020

I am sorry but your post does not make sense. You are citing to a federal statute. The DFEH is a California entity that enforces the California Fair Employment and Housing Act, not federal law.

Also, this Q&A site is not a place to solicit direct communications from attorney to your email...
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3 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: I resigned from my employer, a large engineering firm, and they refuse to pay me for my last weeks of work.

The amount could be settled in small claims court, but I am unsure where to make that claim, my local office location (Orlando), corporate HQ office (Dallas), or payroll processing office (Pasadena, CA). Would an attorney help me for less than $10,000 owed.

Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on Mar 24, 2020

This is a type of matter for which an employment attorney could help you. Often these disputes can be resolved prior to filing suit. If not, your actual place of employment generally is the correct jurisdiction. There may be other issues, so you should probably speak with an attorney.

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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I am a New Graduate RN. I was hired and contracts were signed for pay to change and position 4/6/2020. But was not

I am a New Graduate RN. I was hired and contracts were signed for pay to change and position 4/6/2020. They have since changed the date to be 5/11. I have copies of the paperwork signed. Is there anything I can do? I will be in the ER and I feel as this would be a great time to start.

Neil Pedersen
Neil Pedersen answered on Mar 23, 2020

In California you are considered to employed at will unless you have an agreement to the contrary with your employer about that status. The employer of an at will employee has the right to change the terms and conditions of that employment at any time and for any reason or even no reason at all.... Read more »

1 Answer | Asked in Employment Discrimination for New York on
Q: My gf works in a hospital in ny state.

My gf is African american and is called the "N" word on a daily basis. Shes reported it to her boss, and HR. Today her boss told her to stop sweating the small stuff and get along with everyone. They refuse to fire any of them or take disciplinary action.

She signed some contract that... Read more »

V. Jonas Urba
V. Jonas Urba answered on Mar 23, 2020

Hospital employees are in short supply today given the crisis we face. But that does not excuse discrimination.

She may have settled or resolved past claims with this employer. An employment lawyer needs to review whatever agreements she may have signed. But no agreement meaning none allows...
Read more »

2 Answers | Asked in Contracts, Employment Law, Workers' Compensation and Employment Discrimination for California on
Q: Is it stupid, legal or it makes sense and able to fight for it?

Hello, I'm a unarmed security guard for Allied Universal, I kick out homeless people and loiterers, the area where I work at is big and I happen to work with myself (no coworkers).

Now with a Covid-19 pandemic, when a transient gives me trouble, the police are unable to help me. (That's not... Read more »

Neil Pedersen
Neil Pedersen answered on Mar 22, 2020

Demanding anything from your employer may not be a good idea. Asking for more pay has a better chance of success, but the employer has no legal duty to pay you more. Tread lightly. There are a lot of people unemployed right now.

Good luck to you.

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: A person is terminated (not temporarily laid off) due to company downsizing because of Covid-19, wrongful termination?

Was also offered a $9k severance package which includes a stipulation that no future actions can be taken regarding any occurrences between parties, including termination. Have been with the company for 20 years +

Neil Pedersen
Neil Pedersen answered on Mar 22, 2020

No, terminations occurring because of business needs arising out of the Covid-19 effects on our economy are not legally wrongful. In California an employee is considered to be employed at will unless there is an agreement to the contrary with the employer about that status. The employer of an at... Read more »

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