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Employment Discrimination Questions & Answers
2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I am in California and my employer took 2 weeks to pay my final check and has yet to pay my bonus three weeks later.

I work in California and my employer is headquarted in North Carolina. They did not give my final pay upon termination, but ran it through their next scheduled pay period, making it late. My last day was December 31, they terminated my whole team. I recieved my final pay January 13. They still have... Read more »

Neil Pedersen
Neil Pedersen
answered on Jan 25, 2023

If you worked for a non-governmental employer, your employer was legally required to pay all earned wages on the day you were terminated. Because this company is not based in California it likely is not aware of the very protective laws for employees here. Nonetheless, if you can prove that the... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for Washington DC on
Q: I was terminated from my employer without any justification, they gave me a severance package but they want me to be

Available for 6 months. They have given other persons a much better severance package and they were of a different race and they had performance improvement plans. They want to give me one month salary and a Cobra pkg.

Matthew T. Famiglietti
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Matthew T. Famiglietti
answered on Jan 25, 2023

If you believe that you are being discriminated against on the basis of race, and treated differently from other employees in regard to severance payments, then you need to consult a licensed discrimination lawyer in the District of Columbia as soon as possible. Most attorneys are providing... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can an employer ask you to resign after you tell them you have cancer?? **& your also pregnant?

My neice inlaw is 26, she's 9 mo.s pregnant and has just been diagnosed with stage 2 breast cancer, her plan was to return to work as a teacher after 3 mo's. When she told her employer (a very highly prestigious private school in pbg, fl) that she may need a double masectomy, they asked... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 24, 2023

Whether your niece can take legal action on the issue of separating from the school depends on what she means by "they asked her to resign." Does it mean that they basically asked if she'd be WILLING to resign, with her having the option of saying, "No, I want to return to work... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: Kroger fired me following a panic attack (CPTSD) after a coworker yelled at me, can I sue?

Hello. I began working at a Kroger factory in October last year. In November, i had a panic attack due to a coworker yelling at me, and I have CPSTD, and being yelled at or facing aggression of any kind sends me into panic attacks. That day, the supervisor sent me home. Before that, she told me... Read more »

Cynthia Pietrucha
Cynthia Pietrucha
answered on Jan 24, 2023

Sorry to hear about your experiences. Under federal law (the ADA) you would have to prove that the employer knew you had these disabilities and that you were fired because of these disabilities. You carry the burden to prove your case. If you worked in Ohio, you should locate a local employment... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Employment Discrimination and Employment Law for California on
Q: I need a lawyer who specializes in Federal Unlawful Termination cases. I was unlawfully terminated from a federal Agency

Are you prepared to represent me if I have an appeal denial from Office of Federal Operations, and my former federal employer did not abide by OPM RIF Guidelines? My Formal Complaint is for Age Discrimination, Contract Breach, and Numerous WARN Act violations. I was a 79 yr. old 10 pt. Disabled Vet... Read more »

Neil Pedersen
Neil Pedersen
answered on Jan 24, 2023

I am sorry but you misunderstand the nature of this Q&A board. This is not a place to ask an attorney to work for you. It would be inappropriate for any attorney to respond to your post with a desire to work for you.

You are going to have to locate and make contact with attorneys,...
Read more »

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Can my employer hold wages from me when I’ve been terminated?

I was terminated on 1/18/23 for no real reason and was given a check and then said my other half of my pay would be deposited and I’m yet to see any of my money. And the check is on hold? Is this legal?

Neil Pedersen
Neil Pedersen
answered on Jan 22, 2023

It is not legal for a private (non-governmental) employer to not pay all wages due on the day of termination. A willful failure to do so gives the employee the right to seek Waiting Time Penalties equal to one day of pay for each day the employee is made to wait for the entire final check, up to a... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for New Jersey on
Q: Should I voluntarily leave before being put on a pip after requesting mutual separation?

Seems like I'm being "squeezed" out. Having issues w my manager and asked her about looking into an amicable mutual separation. After this I was told my choices are to resign w 3 weeks notice no severance applicable (11 years of service) or continue on under a PIP for the next... Read more »

Paula M. Dillon
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Paula M. Dillon
answered on Jan 20, 2023

It is important not to quit in NJ if you want to be eligible for unemployment.

1 Answer | Asked in Employment Discrimination and Employment Law on
Q: Can a employer impose a policy or attempt to make a wormer work completely for free on saturdays

Due to her falling behind on quites and invoices due to work load increasing

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 18, 2023

The answer to this question will depend in part on how you're paid. If you are paid by the hour, then you generally must be paid for all time worked, including at an overtime rate of 1.5x your normal rate for hours over 40 in a workweek. However, if you are paid on a salary basis, then your... Read more »

1 Answer | Asked in Employment Law, Civil Litigation and Employment Discrimination for Alabama on
Q: My husband was just fired from his job where they claimed he had a gun at work. This is false. Can we file civil suit?

He worked all day Tuesday 1/11/23. They did not contact him until 3 hours after he got home saying he was under investigation. The only thing they tell us is that someone reported it. There are no cameras and they didn't even bother to stop him at work to verify that day. He did no such thing.... Read more »

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Jan 16, 2023

Is your husband a member of a labor union? If not, he is likely an at will employee. A at will employee can be terminated for good reason, bad reason or no reason at all.

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: Hello,I have a question about medical conditions and my rights as an employee.

Hello,

I am 30 years old and have been employed by my current employer for approximately 2 1/2 years. I am full time and work 40 hours per week.

Recently I was diagnosed with Ehlers-Danlos Syndromes (EDS). My doctor wrote a letter for me to amend my duties based on my condition.... Read more »

Cynthia Pietrucha
Cynthia Pietrucha
answered on Jan 11, 2023

I'm sorry to hear about your situation. It appears you asked for reasonable accommodations for your disability. The employer had an obligation to engage in a good faith interactive process to determine if you could complete your job with or without accommodations. If you want to take action,... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Georgia on
Q: I will like to know how to seek legal representation about a situation I recently had regarding wrongful termination

I will like to know how to seek legal representation about a situation I recently had regarding wrongful termination by retaliation. I made a complaint to my manager regarding the passive-aggressive behavior and possible discrimination of a QA lead. Unfortunately, the very next day, I was... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 11, 2023

Use the Justia Find a Lawyer tab and search for employment and/or labor law attorneys in your area---call a few for a consultation and then proceed accordingly. Some of the lawyers will charge you for a consult and others may not so I would find that out when you first contact them. Good luck.

2 Answers | Asked in Employment Discrimination for California on
Q: If my employer is based in PA and I'm a CA resident, can they include a non-disparagement clause in severance agreement?

The company is based in PA but all employees are remote, all over the US. I have been employed in California and was recently given a severance agreement that includes this clause:

Employee agrees to refrain from any disparagement, defamation, libel, or slander any of the Releasees, and... Read more »

Neil Pedersen
Neil Pedersen
answered on Jan 10, 2023

There is nothing inherently unlawful about the clause you cited. However, attorneys are taught that a contract provision is interpreted in the context of the entire agreement, so no one here can definitively say one way or the other without being able to review the entire document.

Good...
Read more »

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1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Texas on
Q: Hi Carla the EEOC office give this number my situation is hard because they don't payme my bonus and also take my insu

They take my insurance in February and they fired me March and also I thing they.broke the rules and they have alot favoritism I work for 20 uears6

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

It is difficult to understand your question, but if you have been discriminated against in some way you may have a claim. I would need to learn more.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can an employer legally revoke a PTO request, that was previously approved, as a form of punishment for "mistrust"?

I worked remotely and did not inform my manager. This has never been a part of policy or an issue for the 5 years working for this company -- There is still no officially stated policy for doing so. My manager was personally upset I wasn't in the office and that I did not reply to their email... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

This may be a breach of contract. I need to read your contract. Also, I am finding that employers are violating certain laws based on mandated pay polices. I am working on an issue like this now.

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Oklahoma on
Q: I was terminated at my work place after 16 years of employment through them. The last 3 months I worked I started having

Health issues with swelling. Some of the swelling was in my gut. Let me add this I am a female and work with all men for these 16 years. My main supervisor started to notice my gut and proceeded to make pregnancy comments (even though he has known I was gay the entire time I worked there) He also... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 10, 2023

You should contact an Oklahoma employment attorney to discuss your situation in more detail. While more information is needed here, you should reach out regarding claims for disability discrimination and/or sex discrimination under Title VII of the Civil Rights Act of 1964.

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: So what about everyone else from my job get their 8 hours pay ?

So how come my co workers get their 8 hours double pay and not me isn’t that discrimination because I don’t think thats right that a company gets to choose who they pay double pay and who doesn’t?

Neil Pedersen
Neil Pedersen
answered on Jan 9, 2023

Ask payroll about this.

Unlawful discrimination occurs when you are treated differently because you are a member of a protected class of people. Your post does not suggest unlawful discrimination.

This sounds like a mistake.

Good luck to you.

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can my job just pay me just 2 hours of double pay for a holiday that I work the whole 8 hours?

So I worked for a company that I recently notice that in my pay stubs I only get 2 or 3 of double pay for a holiday that work for 8 hours that day so can a company do that?

Louis George Fazzi
Louis George Fazzi
answered on Jan 9, 2023

No. Your employer owes you the full day of pay at the double time rate you worked.

You should go to the Labor Commissioner's website and ask for their assistance with this. Here's the link: https://www.dir.ca.gov you can copy and paste into your browser. On the main page, click...
Read more »

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1 Answer | Asked in Employment Discrimination for California on
Q: Can someone help me with the Case# 5:22-CV-00319-NC

I was informed this case has been closed but would like to know the status and outcome

Neil Pedersen
Neil Pedersen
answered on Jan 7, 2023

Sorry but no. This Q&A site cannot address case-specific inquiries. You are going to have to retain an attorney to do this research for you, or you can either go to the courthouse where the lawsuit was filed, or go online to see if an online portal exists for you to look up the case and look... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Alabama on
Q: Can an employee that is a manager be fired due to customers deciding to eat at another restaurant?

For example: several customers comes through a drive thru but decides at the speaker to drive off and order from a near by food truck. In return the GM and DM are advised by the regional manager to terminate the manager on shift due to the customers driving away. The allegation of the regional... Read more »

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Jan 7, 2023

An at will employee can be terminated for good reason, bad reason or no reason at all. The employee could be terminated because the owner doesn't like the color of his or her shirt or the car he or she drives. Exceptions primarily relate to illegal (age, race, religion, sex or national origin)... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Alabama on
Q: trying find the code for retaliation. I work at health facility I reported a nurse, but I was the one who was suspended
Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Jan 5, 2023

There is no specific statute for general retaliation. The protection is offered based on what you report. Protection is primarily offered based on reporting illegal discrimination or filing a worker's comp claim. It wouldn't be offered for reporting someone came in late or took too long... Read more »

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