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Employment Discrimination Questions & Answers
2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can my employer force me to go on disability if they refuse my accommodations request? Do I have grounds to fight back?

I work for a multi-billion dollar, global corporation in a manufacturing facility. I was recently diagnosed with ALS and have been working from home for several months. I made a formal accommodations request for a wheelchair accessible workspace and a hybrid work schedule (2 days in office/2 days... View More

Neil Pedersen
Neil Pedersen
answered on Nov 18, 2024

Far more needs to be known about your situation before an attorney can confirm whether you are being treated unlawfully. However there are indications in your post that the employer may be violating the Fair Employment and Housing Act. For instance, you do not post about what restrictions you have... View More

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2 Answers | Asked in Employment Discrimination, Employment Law and Workers' Compensation for California on
Q: I filed retaliation termination and I got workers comp

I wanted to ask if I can still file on the retaliation cuz I was treated wrong snd I hurt myself as well but I got settlement for my injury so can I file for the retaliation still!

Neil Pedersen
Neil Pedersen
answered on Nov 9, 2024

The answer to your question will require an attorney to look at the settlement agreement in the workers compensation matter. If the scope of the workers compensation settlement was written too broadly, you might have signed away your rights to sue for unlawful retaliation. You need to locate and... View More

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3 Answers | Asked in Employment Discrimination and Workers' Compensation for California on
Q: I filed a claim for retaliation termination and I received works como but nothing on the wrongful termination

I just want to know if I’m suppose to file separately?

Louis George Fazzi
Louis George Fazzi
answered on Nov 9, 2024

You most likely have two distinct and separate cases, the first being the worker's compensation claim, and the second which is a civil rights claim that has to be filed within strict deadlines, called the statute of limitations, or you could end up waiving and giving up your civil rights... View More

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3 Answers | Asked in Employment Discrimination and Workers' Compensation for California on
Q: I filed a claim for retaliation termination and I received works como but nothing on the wrongful termination

I just want to know if I’m suppose to file separately?

Neil Pedersen
Neil Pedersen
answered on Nov 9, 2024

You say you filed a claim for retaliatory termination. However you do not indicate how or where you did such a filing. It is critically important that you immediately locate and consult with an employment law attorney with whom you can share much more detail. Depending on where you filed your... View More

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1 Answer | Asked in Employment Discrimination for Pennsylvania on
Q: Good Morning. I have a question about workplace discrimination. I was an LVHN IT support person at Cedarcrest Hospital.

I was hired in August 2024 but recently let go. Even though I worked hard, was always on time, and worked overtime, I never got paid for it. I never talked about politics or religion and always tried to fit in with the team. But I always was excluded from team-building functions like lunch or... View More

Jeremy Donham
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answered on Nov 7, 2024

Good afternoon, very sorry to hear of this. If you did not receive pay that was owed to you then you may want to contact the Department of Labor at dol.gov and file a complaint with the agency. They investigate claims of wage and hour violations for free. You could also seek legal counsel to... View More

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: I requested accommodations for sched change at my job. They refuse and keep writing me up due absences. Is this fair?

I am a social worker in hospital. Asked for a modified schedule from m-f to four ten hour shifts. My department had refused to do this nor have they tried to discuss any other options. They only state they do not have a position with those hours available right now. I have made several suggestions... View More

Kirton M. Madison
Kirton M. Madison
answered on Nov 6, 2024

Was your request for a modified schedule based on a medical condition? Did you provide supporting documentation for this request from your medical provider? If so, the hospital's refusal to entertain your request or discuss alternative accommodations could be a violation of the Americans with... View More

Q: I need help with an arbitration hearing i have no clue on what is needed nor required nor steps of processes or laws

missclassification, breach of contract, fraud, unpaid wages this is for Dallas, Texas

Tim Akpinar
Tim Akpinar
answered on Nov 7, 2024

For arbitrations hosted by large entities such as the American Arbitration Association, your matter is probably assigned an Arbitrator and a Case Administrator. The Case Administrator may be able to provide you with guidance regarding location of hearing, scheduling/adjournments, format for... View More

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Q: I need help with an arbitration hearing i have no clue on what is needed nor required nor steps of processes or laws

missclassification, breach of contract, fraud, unpaid wages this is for Dallas, Texas

John Michael Frick
John Michael Frick
answered on Nov 5, 2024

An arbitration proceeding is very much like a trial. If you have no clue on what is needed, it is extremely important that you hire a competent attorney with experience in arbitration proceedings to represent you to present your evidence, witnesses, and arguments in a persuasive manner and in... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Washington on
Q: My employer

What are my options. I was just told that i should take another offer from a different company and leave. Is that legally considered me being let go or fired?They still are employing me. The company has also forced me to drive my personal vehicle while on a suspended license and they know its... View More

Brad S Kane
Brad S Kane
answered on Oct 29, 2024

If your employer is still employing you, you are not fire (at least not yet). You can ask HR or your supervisor in writing for clarification or you can keep working until your employer terminates you.

More important, you need to get your license reinstated ASAP for two reasons....
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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Is my former employer retaliation fair?

So I filed a wage claim about a year ago now after I left my job after 2 years which I did get a settlement for it. My former employer works with 2 different temp agencies, fast forward to this year I wanted to try and go back to work for that company. I went through the other neighboring temp... View More

Neil Pedersen
Neil Pedersen
answered on Oct 29, 2024

If you could prove that you have not been rehired because you made a wage claim, there may be a viable unlawful failure to hire case. However, more needs to be known. For instance when you settled the prior case if it was some time ago it was common for companies to include a no re-hire provision... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Should I file a Whistleblower Complaint with OSHA.

I work for a non-profit organization and my Executive Director suffers with her mental health in ways that have created an extremely unhealthy work environment. The negative work culture has become so toxic that my coworker started to talk with me about how bad things are. This made my Executive... View More

Neil Pedersen
Neil Pedersen
answered on Oct 24, 2024

This is not an OSHA issue. Your best first move is to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California... View More

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1 Answer | Asked in Employment Law and Employment Discrimination for Pennsylvania on
Q: I filed a motion with the court (pro se) in an EEO case. I typed 2025, but I meant 2024. How can I make the correction?

My motion deadline has ended, but the defendant still has a week to respond to the motion, before the judge makes her ruling.

Jeremy Donham
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answered on Oct 21, 2024

Judges typically are very considerate when a person is involved in a legal case without an attorney representing them. Clerical errors should not cause a problem unless the timing of the dispute or the fact represented in critical to the case. In that situation, you may want to contact the clerk of... View More

1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for Pennsylvania on
Q: My boss is locked me in the gated area for using the pool bathroom, follows me on camera and interigates me,

i had to climb a fence to excape , he also took a collectors coin i found pretended to help me look it up and instead of returning it he fired me and claimed it was the property of the estate grounds

Jeremy Donham
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answered on Oct 21, 2024

I am very sorry to hear of this. You will want to speak to a local employment attorney that handles employee cases regarding possible claims of invasion of privacy as well as possible emotional distress. If the intimidation has caused you anxiety, for example, there could be claims under the... View More

3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: are employee files private

An employee was disciplined and and asked if another employee received the same treatment. Is the employer required to disclose that?

Brad S Kane
Brad S Kane
answered on Oct 19, 2024

Employee discipline is considered private confidential information. Thus, it is difficult to obtain unless either: (i) the employee voluntarily discloses the information; or (ii) you file a lawsuit and obtain it through formal discovery. Note: Sometimes the information is improperly disclosed and... View More

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Q: I requested FMLA after a serious documented hand injury at work that resulted in work comp and physical therapy & Ortho

This was my companys response below , should i leave and sue ?? Are there any grounds to sue Nd can they make me work

Hi john,

There is a process to FMLA. I have your request in writing however I cannot approve FMLA until I have paperwork from your physician.

I can get... View More

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

From what you’ve described, it seems your company is following the standard FMLA process by requiring paperwork from your physician before approving your leave. This is pretty typical, as FMLA approval hinges on documented medical necessity. They’re giving you a chance to submit the necessary... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Georgia on
Q: Since recently, I recently lost my job in June 2024. Since than, I have been having issues with finding employment.

I feel that the employer, has black listed me. Since I was wrongfully terminated.

Mitchell Feldman
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Mitchell Feldman
answered on Oct 15, 2024

If you have proof of false statements to prospective employers and third parties, you may have a right to seek damages under torts, such as slander or libel. That depends upon what was communicated and proof thereof. black listed is uncertain as to what you mean... If someone give an opinion not... View More

3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Is quiet quitting something that can be punished for at work?

My missed out on a promotion because while I was doing double the work and faster, the guy that sucked up to the boss while I made up for his slack got it. So I informed my new lead I'm not doing all that anymore. He would put me in a spot where I'd do two jobs while everyone else did one... View More

Bradley Mancuso
Bradley Mancuso
answered on Oct 9, 2024

When looking at adverse employment actions, like being passed over for a promotion, just remember, it is illegal for employers to make employment decisions based on "race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Could you advise and offer reference details on a matter of an employer using ‘Bait and Switch’ tactics?

The employer placed an advertisement with ‘Indeed’ for a position with an estimated salary of $69k-$92k. Upon the offer letter/hiring, it was $20.46. After persistent research and enquiring, it led to a wrongful/illegal termination. Could you advise and offer reference details?

John Michael Frick
John Michael Frick
answered on Oct 7, 2024

This type of tactic is unfortunately becoming increasingly common. Legally, it is difficult for a job applicant responding to such an ad to prove damages because the job applicant will decline the job offer if the compensation is substantially below what is advertised. At best, the job applicant... View More

3 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for California on
Q: What can be done if someone who is 30 never had a job and is in college but wants a job but no one would hire them

I mean it’s not my fault that my family told me to stay in school and now I want to make extra money but no job would hire me what can I do about this is this discrimination is this ageism prejudice etc going on what can I do about this who do I reach out to because this is not supposed to happen... View More

Neil Pedersen
Neil Pedersen
answered on Oct 4, 2024

There is no meritorious legal claim for age discrimination for those under the age of 40. Sorry. It is perfectly legal for an employer to refuse to hire you if you have no skills or experience, and even if they admit that they are hiring you because of your age, you do not have a legal claim.... View More

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3 Answers | Asked in Personal Injury, Civil Rights and Employment Discrimination for Maryland on
Q: What form do I use to file an Intentional Infliction of Emotional Distress lawsuit?
Mark Oakley
Mark Oakley
answered on Oct 1, 2024

If you are suing for not more than $30,000 and do not want a jury trial, then you can file in District Court (trials are before a judge only), and you can use a District Court civil complaint form, and check the "tort" box. The forms are available online or at the courthouse. It's... View More

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