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Employment Discrimination Questions & Answers
2 Answers | Asked in Employment Discrimination and Sexual Harassment for California on
Q: Ive complained about nothing being done about sexual harassment and am now being treated poorly by supervisors

I work at a school and have had multiple comments made to me by students. I have reported it all to my supervisor, and her supervisor as well. The students had no consequences. The counselor came in a did a presentation for a few students talking about what sexual harassment is. I met with both... Read more »

Louis George Fazzi
Louis George Fazzi answered on Apr 13, 2021

You can contact the California Department of Fair Employment and Housing (DFEH) or the Federal government's Equal Opportunity Employment Commission (EEOC) and file a claim for sexual harassment. Here's the link to the DFEH: https://www.dfeh.ca.gov/ and here's the link to the EEOC:... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Can you be denied promotion for being "unrated" on evaluation because of medical condition which didn't effect work

Limited duty medical assignment cost me promotion even though all my assigned tasks were completed without being effected by medical condition. Work For NYC Sanitation. Passed over for promotion due to being on limited duty assignment (no driving) even though my assigned position doesn't... Read more »

Derek John Soltis
Derek John Soltis answered on Apr 13, 2021

You really should speak with an employment attorney. It sounds like you may have a claim.

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: Can I sue my boss?

I currently work with a plastic surgeon and he’s belittles me Infront of patients and calls my stupid behind my back and he doesn’t give me a break, I don’t take break at work not only does he humiliate me but he constantly calls me for his personal problems to call his “girlfriend” to... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 9, 2021

It sounds like you work in a truly awful work environment. However, little you have noted is actually unlawful.

It is not unlawful for a boss to belittle, bully or talk about you behind your back. Similarly, it is not unlawful for a boss to require you to do things that are not related to...
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1 Answer | Asked in Employment Law and Employment Discrimination for Washington DC on
Q: What is the impact of Appellant's Representative's Notice of Withdrawal of Counsel on an ongoing case?

My lawyer decided to stop representing me in a case with OPM, does the judge have to approve it or let them off the hook?

Matthew T. Famiglietti
Matthew T. Famiglietti answered on Apr 8, 2021

The judge will consider the Motion to Withdraw. He or she will consider the reasons for the Motion, then make a decision of the Motion. The attorney who made the Motion still represents, you until the Motion to Withdraw is granted and ordered by the judges.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Can an employer fire an employee, contracted or full-time, if the employee seeks legal help on being discriminated.

This is NOT about sexual orientation (that I'm aware of). My partner and I are working for a small company, I'm full-time and he is contracted. There are 3 office employees and 2 coworkers that have been hostile towards both of us at different times for the past month, HR is one of the... Read more »

Timothy Denison
Timothy Denison answered on Apr 7, 2021

Probably not advisable but more facts are needed to properly answer. Schedule an appointment with an employment lawyer.

1 Answer | Asked in Employment Law, Civil Litigation and Employment Discrimination for Florida on
Q: What can I do about opposing counsel who won't participate in the case management meeting?

M.D.Florida I hired an attorney on contingency but he dumped my case a year into it so am left to recover my wages on my own. The other side filed a motion to dismiss and asked to stay discovery, pretrial events, and filing an answer pending a ruling on the motion. That was almost 3 months ago... Read more »

Charles M.  Baron
Charles M. Baron answered on Apr 7, 2021

When you need some type of relief for any situation arising during the proceedings, you first, in writing, seek agreement from opposing counsel, and if you don't amicably resolve the issue, you file a motion asking the Court to order the relief you seek. However, you would be very foolish to... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New Mexico on
Q: Can an employer in New Mexico drop your hours from 37-38 a week to 30 hours a week because you were sick?
Kyle Anderson
Kyle Anderson answered on Apr 7, 2021

Hi, more information is needed here. The employer can generally schedule you for as many or as little hours as it wants. However, if you have an employment contract, or the company did so because your sickness qualifies as a disability under the Americans with Disabilities Act, this may be unlawful.

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Maternity leave benefit question.

I am working for the company that has maternity leave benefit. But when I requested maternity leave, they denied it and told me that I am actually working for different entity, and that entity doesn't have this benefit. I checked my W2 form and in there name of the company that has maternity... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Apr 6, 2021

You can try pointing out the discrepancy in company names to HR; it's possible they just made a mistake when denying your application. If they still deny your claim, you can apply for FMLA leave to use for the birth of your child and recovery period if you have worked for your company at least... Read more »

1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for Oregon on
Q: Is what my boss doing legal? Do they have to pay me for caring for two people at once?

I work for an inhome caregiving company in oregon. I had one client & I care for him at his and his wife's home. Recently his wife became ill and now my boss has required me to also care for her as well. My boss has also added extra hours to my schedule and I've even had to work four... Read more »

Kyle Anderson
Kyle Anderson answered on Mar 31, 2021

Are you being paid for all hours worked? That would be the only legal violation I see here. I don't see anything unlawful about your boss having you care for two people. If you are not being paid for all the hours you work, there could be an overtime or minimum wage issue here. I would reach... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Washington on
Q: ADA Job Accommodation Request Was Denied

My ADA job accommodation request to work from home was denied. There is currently a vacant job (job was vacant at the time of my ADA job accommodation request) that my peers currently work from home. I've applied for the job, but haven't heard back. Does my seniority and ADA job... Read more »

Kyle Anderson
Kyle Anderson answered on Mar 31, 2021

Hi, more information is needed here. An accommodation request does not give you priority if the employer has a policy that an employee must apply for a vacant position and they are given the same opportunity as the other applicants. However, some courts have held the opposite, and the disabled... Read more »

2 Answers | Asked in Contracts, Employment Law and Employment Discrimination for Illinois on
Q: Can my job fire me for not telling them I have a mental illness?

They made us sign a paper saying that I must disclose all medical conditions including mental illness and if I withhold any information and they find out I could get fired. So if I were to show up to work and told someone I had depression they said that they could fire me for that. But is this even... Read more »

Carrie Dyer
Carrie Dyer answered on Mar 31, 2021

More information is needed to explore your situation, but this certainly sounds like it could be an unlawful practice. You should consult an employment law attorney in your area to discuss.

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2 Answers | Asked in Contracts, Employment Law and Employment Discrimination for Illinois on
Q: Can my job fire me for not telling them I have a mental illness?

They made us sign a paper saying that I must disclose all medical conditions including mental illness and if I withhold any information and they find out I could get fired. So if I were to show up to work and told someone I had depression they said that they could fire me for that. But is this even... Read more »

Charles Candiano
Charles Candiano answered on Apr 13, 2021

Your question isn't about employment law. Rather, it is about contract law. So long as the subject in terms of the contract do not involve contraband or other illegal activity, it has long been established that a person's right to contract is unlimited. Nobody "makes" you do... Read more »

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1 Answer | Asked in Workers' Compensation and Employment Discrimination for North Carolina on
Q: My former boss is trying to make me pay for being taken back to my car when I quit

My former employer is telling me I have to pay for the gas, time and usage of a company truck to take me to my car because I quit on a job site

Ina Shtukar
Ina Shtukar answered on Mar 25, 2021

This is not a workers' comp question, but employment law instead. The answer will depend on the arrangement you had with your employer in regard to the use of the company vehicle. Were you given a company vehicle to drive? Did you also get a gas card? Were you allowed to take the vehicle to... Read more »

2 Answers | Asked in Employment Law and Employment Discrimination for Kentucky on
Q: I need to fill out an affidavit for my housekeeper verifying her self-employment but I'm not sure what to say.

What statements do I need to make?

Timothy Denison
Timothy Denison answered on Mar 24, 2021

That she works for you snd makes x dollars.

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1 Answer | Asked in Products Liability and Employment Discrimination for Colorado on
Q: Is this a case you can take and win?

I bought an electric Mtn-bike:

I attempted to return the bike within the allotted time (30-days), but the E-bike company kept avoiding my request and offered to send me out more brake pads.

Return Policy:

The Ebike X-Treme return policy is clear. After you used the bike it... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 23, 2021

A Colorado attorney could advise best, but your question remains open for two weeks. I hope your son is okay. In terms of your question, no one could answer that based on these facts alone. One would need more information in terms of why the bike couldn't stop, among other issues.... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for South Carolina on
Q: Can my Retail employer make me work two job roles while paying me hourly to cover an hourly and a salaried position?

I have been working for the same retailer trying to work my way up to General manager in my company. I work as the Sales/Assistant manager in a chain retail store. My current general manager is transferring out to another location. Unless something changes, I am expected to work the job roles of... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Mar 23, 2021

The company's obligations to you regarding your wages will depend on how they are paying you during this time. Generally, the Fair Labor Standards Act does not impose any maximum hour restrictions. However, you must be paid for all hours worked. If you are paid by the hour, you must receive... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Colorado on
Q: I was fired the first week of training for being blamed on not properly working the new tech platform correctly, Case?

The first week of training I was blamed for not working the tech platform up to their standards. The tech Platform was new and kinks were being worked out. I was blamed for their troubles/kinks on the platform. They made excuses and said beside I showed no interest in the position in training.... Read more »

Carrie Dyer
Carrie Dyer answered on Mar 17, 2021

While unfair, there is likely no legal claim available to you based on the information you provided.

1 Answer | Asked in Employment Discrimination, Employment Law and Gov & Administrative Law for Ohio on
Q: Can my employer put me on unpaid administrative leave cause another employee lying about me saying I said a curse word

A week prior to being put on unpaid administrative leave my supervisor had asked me if I said the F word at work while I was in a meeting with my union grievance official. I told her no I did not. I worked the whole following week with no issues. Then the next week after that week I was out on FMLA... Read more »

Carrie Dyer
Carrie Dyer answered on Mar 17, 2021

More information is needed to fully analyze your situation. Is your administrative leave paid? You should contact an employment attorney in your area to discuss whether you may have a claim for FMLA interference or FMLA retaliation, depending on what ultimately happens with regard to your... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: My employer didn’t let my return back to work after maternity leave unless I agree to their terms .

I left for maternity leave on 12/16/2020 my return date was supposed to be March 9,2021 my employer didn’t let me return to work unless I agree to their terms. I lost a week of pay because they postpone my return date. My hours also change . Can I sue ?

Rhiannon Herbert
Rhiannon Herbert answered on Mar 17, 2021

The answer to this question will depend on how you took maternity leave. If you took leave under the Family and Medical Leave Act (FMLA), then upon returning to work, you are required to be returned to your same or a substantially similar position.

2 Answers | Asked in Employment Law, Arbitration / Mediation Law and Employment Discrimination for California on
Q: I was fired because i was pregnant, my lawyer wants me to settle for 100k. Should I?
Louis George Fazzi
Louis George Fazzi answered on Mar 14, 2021

That is a question you should discuss with your lawyer. You can ask him/her to give you a legal analysis in writing of all the reasons why this should be a good and reasonable offer, given the facts of your case. This is, of course, something you should have discussed with your attorney ahead of... Read more »

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