Employment Discrimination Questions & Answers

Q: My discrimination/retaliation complaint against my employer is under investigation; when should I obtain a lawyer?

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Answered on Dec 17, 2018
Louis George Fazzi's answer
You should immediately begin the selection process for a good lawyer or law firm which focuses on the representation of employees in discrimination and retaliation cases. There are numerous highly qualified firms out there very capable of representing you.

You don't mention, however, who is conducting the investigation. I hope the case is being investigated by the California Department of Fair Employment and Housing (DFEH) or the federal Equal Employment Opportunity Commission (EEOC)....

Q: In PA, can the business owner make my bonus and profit sharing part of my salary in lieu of a raise? But not for others?

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Answered on Dec 14, 2018
Peter Munsing's answer
You have no right to a raise absent a union contract or employment contract.you say the others get payroll plus bonus and profit sharing --are you saying now you are getting bonus and profit sharing but no pay?

If the first one, I don't see a wage hour case; in second one could have a wage hour case

Q: Do you handle teacher rights cases when they are being subjected to harassment and unfair treatment?

1 Answer | Asked in Employment Discrimination for Illinois on
Answered on Dec 14, 2018
Cynthia Pietrucha's answer
In Illinois, terminating a public tenured teacher is a complicated process and usually requires due process via a hearing. This can involve hundreds of pages of paperwork, strict deadlines and appeal rights.

If she is in danger of being terminated, she should notify her union (where applicable) to see if a grievance can be filed and/or decisions appealed, and also immediately put her concerns in writing.

If she is already on a performance improvement plan (PIP), she...

Q: can your boss shut off your water and. electricity and laid you off worked.

1 Answer | Asked in Employment Discrimination for California on
Answered on Dec 12, 2018
Louis George Fazzi's answer
No. The manager cannot legally do that to you. You should talk to a competent employment lawyer as soon as you can. And you should file a claim with the California Department of Employment and Housing (DFEH) immediately. Plus you can go to the Labor Commissioner's website (https://www.dir.ca.gov/dlse/) to file a claim there as well. Act promptly to protect your rights!

Q: Is it wrong for a company to hire a replacement before I even sign any paperwork saying I'm leaving or transferring

1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for Arizona on
Answered on Dec 10, 2018
Peter H. Westby's answer
No, Arizona is an "at will" employment state and, unless you are working under an employment contract, your employer is free to make staffing changes at any time.

Q: Do I have a case. Will an attorney consider my case as discrimination or mediation with my Employer

1 Answer | Asked in Arbitration / Mediation Law, Employment Discrimination, Employment Law and Immigration Law for New York on
Answered on Dec 8, 2018
Leonard R. Boyer's answer
There is probably know way to "force" your employer to help you bring your spouse to US, nor keep you as an employee. You really need to retain an experienced immigration attorney to find out your other options. H1B is not a Visa that will enable you to have what you want and there is no legal basis for your to sue your employer for emotional distress. Trump administration guidelines for summoning legal and undocumented immigrants before an immigration judge to start deportation procedures will...

Q: Can a Protective Order be used in a Federal Lawsuit to prevent video tapping of the plaintiffs deposition?

1 Answer | Asked in Employment Law and Employment Discrimination for New Jersey on
Answered on Dec 5, 2018
Richard Yaskin's answer
Probably not, as I believe that each party has the right to notice videotaped depositions under the federal rules of civil procedure and the District Court’s Local Rules. You should be able to obtain an agreement from defense counsel, or a consent order, limiting the dissemination of the video to litigation purposes only. You can hold the other party to give you the advance notice of videotaped deposition as is required by the federal rules.

Richard

Q: An employee on FMLA is charged with AWOL with doctor documentation for days charged. Is this a violation of FMLA?

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Answered on Dec 5, 2018
Cynthia Pietrucha's answer
This behavior could be perceived as FMLA interference, an attempt to discourage you from using FMLA in the future.

The FMLA’s “interference” provision states it is “unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise” any right provided by the FMLA.

If you believe your rights have been denied, you should reach out to a local employee rights attorney for assistance.

Q: Working at Oregon gas station worked 2 weeks no pay on weekly pay schedule call boss he said he fix it on Saturday

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Answered on Dec 2, 2018
Mr. Michael O. Stevens' answer
Legally you never have show up, as slavery is illegal. But, if you don't show up you risk being fired. The real issue is if this is your first check, as they have something like 35 days for that first one.

Q: I just got terminated from my work. I have approximately 85 hours of vacation time I accrued. Can they keep it?

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Answered on Nov 28, 2018
Roy Lee Warren's answer
Many times it may depend on the employer's policies. I will provide you a link to the Texas Payday" laws with TWC which I am sure will provide the answers you seek. Good luck.

Final Wages

Delivery of final wages can be made by the methods listed above. If an employee is laid off, discharged, fired, or otherwise involuntarily separated from employment, the final pay is due within six (6) calendar days of discharge. If the employee quits, retires, resigns, or otherwise leaves...

Q: My boss is making me work on Thanksgiving because I'm not American and says I don't need to celebrate the holiday.

1 Answer | Asked in Employment Discrimination for New Jersey on
Answered on Nov 24, 2018
Leonard R. Boyer's answer
There is no law that requires an employer to give an employee a day off for Thanksgiving. Not every comment that a person makes that another one does not like is a basis for discrimination.

Q: Can a religious nonprofit that receives federal aid choose to not hire me because of a hearing disability?

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Answered on Nov 23, 2018
Kirk Angel's answer
The employer may be able to based on a US Supreme Court case that expanded the "ministerial" exemption in employment law. It is a complex issue that you will need to consult directly with an experienced employment attorney about to get a specific answer.

Q: What can I do if my former employer doesn’t pay me my full paycheck that I earned?

1 Answer | Asked in Employment Discrimination and Employment Law for Georgia on
Answered on Nov 23, 2018
Mitchell Feldman's answer
You are owed for the wages earned and you can request payment of seek to hire a lawyer to get the wages for you. Give a demand for pay and if not seek advice of counsel

Q: I noticed my company only hires recent graduates.

2 Answers | Asked in Employment Discrimination for New York on
Answered on Nov 21, 2018
Emre Polat Esq.'s answer
Are they terminating older employees? It could be age discrimination.

Q: Settlement with Uncle Sam

1 Answer | Asked in Employment Discrimination for Florida on
Answered on Nov 20, 2018
Kevin Sanderson's answer
I have extensive experience representing federal employees. I have further questions but you should call my office to set up a call or email. Thank you. 941-244-0468.

Q: I worked in Kansas and I currently live in Illinois I filed a complaint with the EEOC in Kansas and received a right to

1 Answer | Asked in Employment Discrimination for Illinois on
Answered on Nov 19, 2018
Ethan White's answer
You could likely file in the Federal district court of either state, but there is a strong possibility it would get transferred from Illinois to Kansas since that is where the events occurred and where many witnesses will reside. Good luck.

Q: Is it legal for mgt to tell you that you will be replaced with Mexican labor and then actually do it?

1 Answer | Asked in Employment Discrimination for Georgia on
Answered on Nov 17, 2018
Mitchell Feldman's answer
If you company replaces you solely because of you not fitting a face or ethnicity that’s would be unlawful if no legitimate need.

Q: Can my boss force me to work on Christmas Eve, or is that some form of religious discrimination?

1 Answer | Asked in Employment Discrimination for Florida on
Answered on Nov 17, 2018
Mitchell Feldman's answer
If you require off for religious purposes you should request it off and explain its for observance and not for just to use as to just have off for convenience but if business has a need and asks you to work and others it’s not discriminatory. If it prevents you from going to church that may be a problem and employer should seek to get others, but asking people to work on holidays if legitimate need is not unlawful discrimination

Q: Can I sue my previous employer for harassment and emotional distress?

2 Answers | Asked in Employment Discrimination, Employment Law, Libel & Slander and Personal Injury for California on
Answered on Nov 7, 2018
Dale S. Gribow's answer
Much more info needed.

How long ago did this happen and when did you leave and under what circumstances.

You need to contact a labor law attorney.

This is not an area of law that i handle.

Q: I have a pending claim with the EEOC on my employer for wrongful termination. They offered 18500?

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Answered on Nov 6, 2018
Mr. Kent Thomas Jones Esq.'s answer
Thanks for your question; however, it is impossible to tell you what to accept in settlement, because we don't know all of the facts. In 2002 and 2003, I practiced employment discrimination law exclusively. As I recall, if the case was very good, we would demand what a typical jury verdict would be. Sometimes the cases were worth nothing. Sometimes they were worth $10,000. Sometimes they were worth $400,000.

You really need to consult with a local employment discrimination...

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