Employment Discrimination Questions & Answers by State

Employment Discrimination Questions & Answers

Q: Who is liable for a contingent employee for discrimination ?

1 Answer | Asked in Employment Discrimination, Appeals / Appellate Law and Civil Litigation for California on
Answered on Mar 24, 2017

It really depends on the facts. Who perpetrated the discrimination? Did the staffing agency have any reason to know about that? What kind of discrimination? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of...
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Q: what is the proper action when your job fails to pay employees on time,denied breaks, overworked and under paid

1 Answer | Asked in Employment Discrimination, Employment Law and Small Claims for California on
Answered on Mar 24, 2017

You can file a claim for labor code violations.

See: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

See: https://www.dir.ca.gov/dlse/HowToReportViolationtoBOFE.htm

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY,...
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Q: Can an opposition refuse to answer interrogatories or produce documents simply because

2 Answers | Asked in Employment Law, Appeals / Appellate Law, Civil Litigation and Employment Discrimination for California on
Answered on Mar 22, 2017

No, those are not valid grounds on which to object to interrogatories or other pretrial discovery propounded by a party to a lawsuit.
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Q: HR told me my job was safe for 6 months. Have the recorded audio. Then they fired me after 12 weeks of FMLA. Shocked.

1 Answer | Asked in Employment Law and Employment Discrimination for Oregon on
Answered on Mar 20, 2017

Not sure why this popped up for Oregon, since it says you posted from Tacoma. Anyway, find a local employment law attorney to discuss.
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Q: How much time do I get off for pregnancy leave? I have a feeling my employer is short-changing me.

1 Answer | Asked in Employment Discrimination for New York on
Answered on Mar 16, 2017

Are you covered by the Family Medical Leave Act? The short answer is 12 workweeks in a 12 month period of work. For more info see: https://www.dol.gov/whd/fmla/

If you work in one of the city's Burroughs the NYC Human Rights Law provides more rights than federal law. The NYS Human Rights Law may as well but not as broad as the city law. If you have medical complications you may be covered under other laws also.

Sometimes what looks simple can get complicated. Call an employment...
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Q: I was terminated while off on an injury. Could they do that ?

1 Answer | Asked in Employment Discrimination for Illinois on
Answered on Mar 16, 2017

The answer to your question depends on a variety of factors that are not provided here. That said, Illinois is an employment at will state, so an Illinois employer can terminate an employee for nearly any reason, or no reason at all, so long as the reason is not an illegal one, such as being a member of a protected class (i.e. race, age, gender etc.). You may have an action for retaliation of your worker's comp claim, but your employer could have a multitude of other reasons for terminating...
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Q: is it legal for a company to pay two people with the same exact job to make as much as 11 dollars an hour more?

1 Answer | Asked in Employment Discrimination and Employment Law for Indiana on
Answered on Mar 14, 2017

Yes it is legal. Unless you have some sort of collective bargaining agreement that says otherwise, they can pay workers whatever they want above the mandatory minimums.
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Q: Does being sent home from work due to menstruation warrant sexual discrimination?

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Answered on Mar 9, 2017

It sounds like the reason you're being sent home is because you cannot perform the duties of your job, not because you're a woman. I don't hear discrimination in these facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the...
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Q: Can an employer lie about your income to an apartment?

1 Answer | Asked in Employment Discrimination, Employment Law, Libel & Slander and Personal Injury for Georgia on
Answered on Mar 7, 2017

I don't see that he has done anything other than lie--may want to keep an eye open for other jobs as he's not doing you any favors.
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Q: Can an employer suggest asking your doctor for early maternity leave when an issue is brought to his attention?

1 Answer | Asked in Employment Discrimination and Employment Law for Massachusetts on
Answered on Mar 6, 2017

Is there a continuing hostile work environment or gender-based discrimination issue here? That should be investigated. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: What should i do?

1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for California on
Answered on Mar 3, 2017

You might have a discrimination claim (employment law) and a psych case due to manager singling you out (psych). I recommend that you get a free consultation for both. Good Luck
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Q: I am a latino women 56 years old and is the last of 27 officers that were let go after a merge .. Do I have a suit?

1 Answer | Asked in Employment Discrimination for New York on
Answered on Mar 3, 2017

Probably not, but employment lawyers do these cases on contingency. So, there is no harm in calling one.
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Q: My wife has a high level job with the local county, can she be fired because I'm involved in legal marijuana business?

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Answered on Mar 3, 2017

I see no legal basis for termination or other problematic treatment based on these facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: If I witnessed illegal things at work and got fired right after with no reason given can I sue

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Answered on Mar 1, 2017

You potentially could be a whistleblower and have protection that way, more so for the ATF records.
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Q: Is it legal to record other members conversations at work to turn it in and show that they are indeed using racial slurs

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Answered on Feb 28, 2017

Secret wiretapping is illegal in CA. You can make a complaint and inform HR about such actions. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: Has my employer violated my rights and/or the 4th amendment, and is this punishable in a court of law?

1 Answer | Asked in Civil Litigation, Contracts, Employment Discrimination and Employment Law for Florida on
Answered on Feb 23, 2017

I am not able to answer your question as I do not handle employment law types of cases. However, I suggest that you use the Justia find a lawyer tool to locate an employment law attorney in or near the Englewood, Florida area. It would be worth getting a consultation with a lawyer on the issue.
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Q: I am asking for advice on behalf of my mother, her employeer has stopped paying wages for workmen's compensation.

1 Answer | Asked in Workers' Compensation and Employment Discrimination for Texas on
Answered on Feb 23, 2017

You will probably need to speak to a lawyer to get your answer because there is just not enough information to answer your question. Most workers' compensation lawyers will speak to you for free over the phone. The answer will depend on whether your mother's claim is under workers' compensation, or an occupational injury plan, or possibly short term or long term disability plan, or a wage continuation plan offered by the employer.

Since your question is filed under workers' comp...
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Q: I was placed on Doctor prescribed FMLA. On the date of my return, my employment was terminated. Do I have a case?

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Answered on Feb 21, 2017

Seems like you do have a case, your employer cannot retaliate or interfere with your request for time off of work due under the FMLA.

Call an attorney, many offer free case evaluations.
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Q: Are there any laws that bar a prospective employer from disclosing information from a reference check in California?

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Answered on Feb 17, 2017

The school district is not obligated to disclose internal communications re: hiring decisions, unless ordered by a court to do so. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: I go on maternity leave soon, can my employer fire me if the company has less than 50 employees in nyc?

1 Answer | Asked in Employment Discrimination, Employment Law and Family Law for New York on
Answered on Feb 16, 2017

See: https://ag.ny.gov/labor/workers-rights-faqs

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...
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