Employment Discrimination Questions & Answers by State
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Employment Discrimination Questions & Answers
Q: Can job charge PTO for bathroom breaks?
1 Answer
| Asked
in
Employment Law and Employment Discrimination
for
Florida
on
Answered on Jul 25, 2017
Answered on Jul 25, 2017
Mitchell Feldman's answer
If you are a full time employee and you are not given a meal break of 20 minutes or more, then I think it would be improper to deduct pay for the 10 minutes, but, using pto time is not an unlawful practice as long as you are still paid for the time. I think the more important question here is whether you are a full time employee or not and if so, what is the meal break policy. If you do not have pto time, and pay is deducted there can be an claim, although 10 minutes may be dminimis and not...
If you are a full time employee and you are not given a meal break of 20 minutes or more, then I think it would be improper to deduct pay for the 10 minutes, but, using pto time is not an unlawful practice as long as you are still paid for the time. I think the more important question here is whether you are a full time employee or not and if so, what is the meal break policy. If you do not have pto time, and pay is deducted there can be an claim, although 10 minutes may be dminimis and not...
Q: Can an off duty manager fire an employee for alleged misconduct (employee is on company time seen by exiting manager)?
2 Answers
| Asked
in
Business Law, Employment Discrimination and Employment Law
for
New York
on
Answered on Jul 24, 2017
Answered on Jul 24, 2017
Barry Eran Janay's answer
Most likely yes. I say most likely because this appears to be an employment at-will scenario in which case any superior can, within the scope of his responsibilities fire an employee with or without any cause.
Most likely yes. I say most likely because this appears to be an employment at-will scenario in which case any superior can, within the scope of his responsibilities fire an employee with or without any cause.
Q: Am I eligible to file a claim even though I wasn't a full time employee?
2 Answers
| Asked
in
Employment Law and Employment Discrimination
for
New York
on
Answered on Jul 22, 2017
Answered on Jul 22, 2017
V. Jonas Urba's answer
File a claim for unemployment.
You should recover benefits. Consult with an employment lawyer If the employer challenges your entitlement.
Were any of those patients who relied on the false statements going to offer you money but for the false statements? Meaning you intended to work for them or provide them services which you no longer can? If not how would you prove damages besides recovering unemployment if you were like most, an "at will" employee?
File a claim for unemployment.
You should recover benefits. Consult with an employment lawyer If the employer challenges your entitlement.
Were any of those patients who relied on the false statements going to offer you money but for the false statements? Meaning you intended to work for them or provide them services which you no longer can? If not how would you prove damages besides recovering unemployment if you were like most, an "at will" employee?
Q: If my boss does t want to buy me hairnets after i already asked can he fire me for not wearing my hair in a ponytail?
1 Answer
| Asked
in
Employment Law, Workers' Compensation and Employment Discrimination
for
Illinois
on
Answered on Jul 20, 2017
Answered on Jul 20, 2017
Charles Candiano's answer
To answer the question, definitively, you MUST review the statute or rule. If employees are required to wear hats or hairnets, failure to do that may result in your dismissal, for cause. The ponytail may or may not be relevant. Refer to the statute or rule so that you will know the law.
To answer the question, definitively, you MUST review the statute or rule. If employees are required to wear hats or hairnets, failure to do that may result in your dismissal, for cause. The ponytail may or may not be relevant. Refer to the statute or rule so that you will know the law.
Q: Discrimination?
1 Answer
| Asked
in
Civil Rights, Employment Discrimination and Employment Law
for
Oregon
on
Answered on Jul 19, 2017
Answered on Jul 19, 2017
Mr. Michael O. Stevens' answer
At the hearing, if the employer does not produce the voicemail (first to you prior to the hearing) then object that they have no evidence to support termination for cause. In general, your argument will be that even if they had cause to fire you (assuming there were no extreme circumstances), you were not on notice that your job was in jeopardy.
As to the rest, I personally have not heard of a discrimination claim quite like that, so you might want to search for an attorney who has...
At the hearing, if the employer does not produce the voicemail (first to you prior to the hearing) then object that they have no evidence to support termination for cause. In general, your argument will be that even if they had cause to fire you (assuming there were no extreme circumstances), you were not on notice that your job was in jeopardy.
As to the rest, I personally have not heard of a discrimination claim quite like that, so you might want to search for an attorney who has...
Q: Can my husband get a huge check after getting struck by lightning?
1 Answer
| Asked
in
Personal Injury, Agricultural Law, Employment Discrimination and Workers' Compensation
for
Florida
on
Answered on Jul 18, 2017
Answered on Jul 18, 2017
Peter Munsing's answer
Contact a member of the Fla Justice Assn that handles comp--they give free consults. Your husband needs to find out when he can go to a doctor of his own choosing. Generally that's all your husband will get.
Contact a member of the Fla Justice Assn that handles comp--they give free consults. Your husband needs to find out when he can go to a doctor of his own choosing. Generally that's all your husband will get.
Q: My employer publicy post the expiration date of Employment Authorization Card, is this legal?
1 Answer
| Asked
in
Employment Law, Immigration Law and Employment Discrimination
for
California
on
Answered on Jul 17, 2017
Answered on Jul 17, 2017
Louis George Fazzi's answer
This is a tough question. You have a privacy interest in keeping your immigration status known only to those few who are entitled to that information; certainly an employer has the legal obligation to know all employees are legally entitled to work, and therefore you have the obligation to supply that information to them.
The more difficult question is whether the employer has a corresponding right to publicly disclose your work status. You will need to consult with an experienced...
This is a tough question. You have a privacy interest in keeping your immigration status known only to those few who are entitled to that information; certainly an employer has the legal obligation to know all employees are legally entitled to work, and therefore you have the obligation to supply that information to them.
The more difficult question is whether the employer has a corresponding right to publicly disclose your work status. You will need to consult with an experienced...
Q: I was attacked at work by a non employee in full view of employers .
Susan Gail Cohen's answer
You should contact an Employment Law Attorney who represents employees as soon as possible. There are some very short statutes of limitation in Employment Law cases for Discrimination and also for Occupational Health and Safety Claims. When did this incident happen? Do you still work for the same employer? Do you know the name of the person that attacked you? Both the Federal Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing can help with...
You should contact an Employment Law Attorney who represents employees as soon as possible. There are some very short statutes of limitation in Employment Law cases for Discrimination and also for Occupational Health and Safety Claims. When did this incident happen? Do you still work for the same employer? Do you know the name of the person that attacked you? Both the Federal Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing can help with...
Q: Am I eligible for unemployment
1 Answer
| Asked
in
Employment Law and Employment Discrimination
for
California
on
Answered on Jul 15, 2017
Answered on Jul 15, 2017
Louis George Fazzi's answer
It seems to me that your transportation problems are not the fault of your temp agency or Amazon. You were offered a position which appears reasonable on its face. You haven't provided sufficient information to allow me to conclude whether there were other transportation solutions available to you. For example, did you check with Amazon's HR department to see if they might have any transportation solutions for you. Perhaps, like many companies, they have shuttle buses running from major...
It seems to me that your transportation problems are not the fault of your temp agency or Amazon. You were offered a position which appears reasonable on its face. You haven't provided sufficient information to allow me to conclude whether there were other transportation solutions available to you. For example, did you check with Amazon's HR department to see if they might have any transportation solutions for you. Perhaps, like many companies, they have shuttle buses running from major...
Q: As a Black man, is being called a "Boy" in a confrontational manner considered discrimination?
Jonathan Ian Nirenberg's answer
It is impossible to know for sure whether the statement was meant to be discriminatory, especially without any context or other information. However, given the history of the use of that term for African Americans, it very well could be a discriminatory statement. You may want to try to schedule a consultation with an employment lawyer.
It is impossible to know for sure whether the statement was meant to be discriminatory, especially without any context or other information. However, given the history of the use of that term for African Americans, it very well could be a discriminatory statement. You may want to try to schedule a consultation with an employment lawyer.
Q: Is our company vulnerable to a gender discrimination suit?
William F Sulton Esq.'s answer
There is a more practical question: what is the likelihood that the female candidate will sue? Most business decisions boil down to managing risk. And in terms of litigation, businesses need to consider and weigh likelihood of a lawsuit and the likely cost of defending a lawsuit. It is probably unlikely that the female candidate will suspect that the position was not filled because the company was going to select a less qualified male--as she was not privy to the conversation.
You also...
There is a more practical question: what is the likelihood that the female candidate will sue? Most business decisions boil down to managing risk. And in terms of litigation, businesses need to consider and weigh likelihood of a lawsuit and the likely cost of defending a lawsuit. It is probably unlikely that the female candidate will suspect that the position was not filled because the company was going to select a less qualified male--as she was not privy to the conversation.
You also...
Q: wife chose to resign after a breakdown and harassment over her being accused of being on drugs for 2nd time by inmates
1 Answer
| Asked
in
Employment Discrimination, Employment Law, Personal Injury and Juvenile Law
for
Texas
on
Answered on Jul 12, 2017
Answered on Jul 12, 2017
Peter Munsing's answer
Contact a member of the Texas Trial Lawyers Assn who handles employment issues--they give free consults. Remember, only certain things are forbidden. Employers being jerks is allowed.
Contact a member of the Texas Trial Lawyers Assn who handles employment issues--they give free consults. Remember, only certain things are forbidden. Employers being jerks is allowed.
Q: Are the laws for sexual harassment different for temp employees?
2 Answers
| Asked
in
Employment Law, Employment Discrimination and Sexual Harassment
for
California
on
Answered on Jul 11, 2017
Answered on Jul 11, 2017
Louis George Fazzi's answer
From what I can make out of your statement, you started being harassed almost immediately. If the contact was unwanted and unwelcome, you must clearly indicate this to the harasser from the very beginning.
But to answer your question, the laws against sexual harassment are no different for full time or temporary employees. But the harassment must be unwanted and the victim, you, must clearly tell the harasser to stop so he gets the clear message that it is offensive and is creating a...
From what I can make out of your statement, you started being harassed almost immediately. If the contact was unwanted and unwelcome, you must clearly indicate this to the harasser from the very beginning.
But to answer your question, the laws against sexual harassment are no different for full time or temporary employees. But the harassment must be unwanted and the victim, you, must clearly tell the harasser to stop so he gets the clear message that it is offensive and is creating a...
Q: How do I file a sex discrimination lawsuit if I'm a federal employee?
Ali Ebrahimzadeh, Esq.'s answer
Speak with a lawyer so you can best lay the groundwork for the matter. You'll need to report it to HR first, usually. 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, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law:...
Speak with a lawyer so you can best lay the groundwork for the matter. You'll need to report it to HR first, usually. 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, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law:...
Q: If I am working as a temp to perm type contract, can my employer just let me go for no reason at all?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
California
on
Answered on Jul 8, 2017
Answered on Jul 8, 2017
Ali Ebrahimzadeh, Esq.'s answer
Talk to a lawyer to see if illegal discrimination may have occurred. If you're an at-will worker, you can be fired without cause. 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, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas...
Talk to a lawyer to see if illegal discrimination may have occurred. If you're an at-will worker, you can be fired without cause. 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, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas...
Q: someone detained by police for fraud, and later granted bail, will he be remanded in prison while the case is in court?
1 Answer
| Asked
in
Employment Law, Personal Injury, Employment Discrimination and Criminal Law
on
Answered on Jul 6, 2017
Answered on Jul 6, 2017
Peter Munsing's answer
Contact a member of the Trial Lawyers Assn/Assn for Justice for your state who handles employment cases--they give free consultations.
Contact a member of the Trial Lawyers Assn/Assn for Justice for your state who handles employment cases--they give free consultations.
Q: In California, are there grounds for a wrongful termination suit other than discrimination or breach of contract?
2 Answers
| Asked
in
Civil Litigation, Employment Discrimination, Employment Law and Libel & Slander
for
California
on
Answered on Jul 5, 2017
Answered on Jul 5, 2017
Louis George Fazzi's answer
I see numerous unanswered questions. First, who was your employer, i.e. signed your pay checks? Second, there must be an employee handbook which sets out the employers policies and procedures. Is there an HR department? I suggest you go to the HR department and make a report of what they are trying to do to you, and ask for any help they can offer to make sure the process is open and transparent.
I would caution you not to sign anything until you have been given the nature of the...
I see numerous unanswered questions. First, who was your employer, i.e. signed your pay checks? Second, there must be an employee handbook which sets out the employers policies and procedures. Is there an HR department? I suggest you go to the HR department and make a report of what they are trying to do to you, and ask for any help they can offer to make sure the process is open and transparent.
I would caution you not to sign anything until you have been given the nature of the...
Q: is the article 15 executive law of the state of new York also a law in the state of district of Columbia
V. Jonas Urba's answer
I am not licensed in the District of Columbia and therefore unable to answer your question.
I am not licensed in the District of Columbia and therefore unable to answer your question.
Q: What can I do if my employer is harassing and threatening me for calling in sick?
Paul Tenorio's answer
That type of employment situation can be frustrating. Especially with a new child. It's possible you may have a claim for harassment under Title VII, however I would want to know a few things. Do you have an employment contract? If so, what does it state regarding sick leave, paid time off, and non-paid time off? If there is no employment contract, what is the company's policy regarding sick leave, paid time off, and non-paid time off? Are there others similarly situated who are being...
That type of employment situation can be frustrating. Especially with a new child. It's possible you may have a claim for harassment under Title VII, however I would want to know a few things. Do you have an employment contract? If so, what does it state regarding sick leave, paid time off, and non-paid time off? If there is no employment contract, what is the company's policy regarding sick leave, paid time off, and non-paid time off? Are there others similarly situated who are being...
Q: Is my pay at work legal and or fair? Can my Boss do these certain things he does to me...?
1 Answer
| Asked
in
Employment Law and Employment Discrimination
for
California
on
Answered on Jun 30, 2017
Answered on Jun 30, 2017
Louis George Fazzi's answer
You need to go to the Labor Commissioner and file a complaint to get all your backpay and overtime due you. Also, your employer may not assault or batter you while at work, or any other time.
Here's the website for the Labor Commissioner: http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm
You need to go to the Labor Commissioner and file a complaint to get all your backpay and overtime due you. Also, your employer may not assault or batter you while at work, or any other time.
Here's the website for the Labor Commissioner: http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm
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