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Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination for Michigan on
Q: Can management ask other employees about one another for a pay raise review? (Michigan at will employer)
Brent T. Geers
Brent T. Geers answered on Jan 15, 2021

I don't see why not. Pay raises would be discretionary. And so long as your employer doesn't deny you a pay raise due to a protected class status, you'll have an uphill climb.

1 Answer | Asked in Employment Discrimination and Employment Law for Kansas on
Q: My employer fired me out of retaliation and disability discrimination, can I win without exact dates of incidents?

I was fired in retaliation. My manager made my work environment hostile and uncomfortable. Every time I tried to talk to her to see what I could to improve things, I found myself being written up not to long after for attendance. I told her that I had depression and anxiety from day one. and that... Read more »

Kyle Anderson
Kyle Anderson answered on Jan 14, 2021

Hi, more information is needed here. Your depression and ADHD may qualify as a disability under the Americans with Disabilities Act. It would be unlawful for your employer to discriminate against you on the basis of your disability (if it qualifies) or terminate you in retaliation requesting an... Read more »

2 Answers | Asked in Employment Discrimination, Employment Law and Personal Injury for California on
Q: Can I get fired for contracting Covid -19? Does my employer have the right to refuse me hours since I became ill?

I work for a small business of less than 10 employees. I contracted covid over a month and a half ago. Initially my employer told me to take two weeks off, then told me to take the rest of December off and they would schedule me for more hours in January. Then Jan came and they told me they... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 14, 2021

No one here can know if you are going to be fired. As to what your options could be, it would be important to know if you work for an employer that has at least 5 employees. If not, there is little you can do. If yes, then you are protected by the Fair Employment and Housing Act, which may give... Read more »

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1 Answer | Asked in Contracts, Employment Law and Employment Discrimination for Illinois on
Q: I don't feel satisfied with my report. I dont feel like I'm receiving help at all. Help?

After making countless reports of harassment due to my ethnicity, witnessing them harass other coworkers. Submitting and complaining with no answers, follow ups, and/or replies. I don't feel like my issues are being followed up. I witness in the past of the middle-man, of my contract, not... Read more »

Carrie Dyer
Carrie Dyer answered on Jan 13, 2021

To whom did you make the initial complaints? If you have not done so already, you should put your complaints of harassments due to your ethnicity in writing to the Human Resources department. If you have already done so, you should request, in writing, a follow-up on the investigation into your... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Can a public or private employer require employees to get the COVID-19 vaccine?
Rhiannon Herbert
Rhiannon Herbert answered on Jan 13, 2021

Generally, the answer to this question is yes. However, if you have a medical condition that prohibits you from receiving the vaccine or if you have a religious objection to receiving the vaccine, you may be entitled to request an accommodation in the form of exemption from mandatory vaccination... Read more »

Q: I was denied employment due to CBD oil usage for insomnia. The product label DID NOT state the possibility of THC.

I was using CBD oil from a large retail store (Vitamin Shoppe) for insomnia. The label on the bottle or packaging DID NOT state the possibility of positive THC in drug tests, thus made me think I was safe in using the product. My drug test came back positive for THC and was denied employment even... Read more »

Mark Oakley
Mark Oakley answered on Jan 12, 2021

CBD oil and other hemp-based products are not yet regulated by the FDA, and the 50 states all have 50 different regulatory schemes for this product. In short, there is little legal requirements regarding listing ingredients and THC concentrations. Legal hemp, as opposed to illegal or regulated... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: best place to find pro bono attorney for federal wrongful termination representative

against dept of Navy

Mark Oakley
Mark Oakley answered on Jan 5, 2021

Lawyers who handle federal employment discrimination and wrongful termination cases usually do so on a contingency fee basis, meaning you pay no money up front, and the lawyer receives a percentage of the recovery if there is one, or an award of fees under the relevant statute (if any), and no fee... Read more »

1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for Tennessee on
Q: Are employer's allowed to blantently say they will not hire me due to my pending charges even though my case is delayed?
Anthony M. Avery
Anthony M. Avery answered on Jan 4, 2021

Yes... Tennessee is an Employment Terminable At Will State

1 Answer | Asked in Employment Discrimination for Nebraska on
Q: Can a company require use of a corporate vehicle if there is not always one available for all employees?

When hired the agreement was use of personal vehicle and a fee per delivery. After obtaining corporate vehicles they’re requiring use (when available). Meaning who drives them is a matter of scheduling making this policy seem potentially discriminatory

Julie Fowler
Julie Fowler answered on Jan 4, 2021

Generally a company can have a policy that prohibits employees from using a personal vehicle for work-related activities and requiring to use a corporate vehicle. If there is actual discrimination in the work place, you may want to report such to the Nebraska Equal Opportunity Commission. There... Read more »

2 Answers | Asked in Banking, Employment Discrimination and Employment Law for California on
Q: My husband has worked 25 years as a external wholesaler for the biggest privately held mutual fund company’s in the U.S

In 2009 the company moved us across the country to Iowa to take over that state due to the financial crisis 2008/2009.

Since then my Husband has tried for 7 employment opportunities within the company , out of the state Iowa . He has been let down 7 times. Not because of his ability, but... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 1, 2021

Unfortunately, your post was placed in a California Q&A board, but you are going to have to get guidance from an Iowa attorney. I would suggest your husband locate and consult with an Iowa employment law attorney to discuss his issues.

Good luck to you.

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3 Answers | Asked in Civil Litigation, Employment Discrimination and Employment Law for Kansas on
Q: Employment and Covid related laws in the state of Missouri

It was within my 90 days probationary so I’m probably screwed but there was a number of days that I was out due to either quarantine order and childcare being closed due to Covid and I am I was told the entire time that nothing Covid related would count against me I was reassured and then they... Read more »

Kyle Anderson
Kyle Anderson answered on Dec 31, 2020

Does your employer have less than 500 employees? The Families First Coronavirus Response Act requires employers with less than 500 employees to provide to all employees two weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay where the employee is unable to work because... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: I got terminated for an "unplanned" absence even though i email my agent that i was sick and couldnt go to work.

He informed me that it was okay and to get better. According to them an "unplanned" absence is an absent that wasnt excused. With that 7 hour time gap i never got contacted again via email nor a phone call stating otherwise. I dont know if that's just life being unfair. I have... Read more »

Carrie Dyer
Carrie Dyer answered on Dec 30, 2020

There is likely nothing you can do if your employer applied its attendance policy uniformly. However, you should contact an employment attorney in your area to discuss the circumstances surrounding your complaint of discrimination, including when the complaint was made, to whom, the content, and... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Employer let me go after telling me to quarantine and test. Results were negative and let go day 13 of 14 quarantine.

I was informed I had been exposed to the virus. When I told employer they said go home and quarantine immediately for two weeks and get tested. After receiving negative results I contacted immediate supervisor via text. After no response I contacted the owners wife via text stating when I would be... Read more »

Carrie Dyer
Carrie Dyer answered on Dec 30, 2020

It sounds like your employer may have violated the Emergency Paid Sick Leave Act of the Families First Coronavirus Response Act. Subject to some exceptions, employers with less than 500 employees are required to make 80 hours of paid sick leave available for full-time employees, and the equivalent... Read more »

1 Answer | Asked in Arbitration / Mediation Law and Employment Discrimination for Virginia on
Q: Asking about firing from big corporations, no Counsels, no arbitration

Yes I'm the person, fire for getting 10 from a customer I help and Social with, cut her,grass, took time to her problem every month, listen to her same story every month, fired because she has gotten a big gas bill, lost marriage, house,car,Black ball

Tim Akpinar
Tim Akpinar answered on Dec 29, 2020

A Virginia attorney could advise best, but your question remains open for a month. You could repost under Employment Law, or reach out to a local employment law attorney. Find out if your initial consult would be free and if the matter would be worth pursuing... you don't want to compound your... Read more »

2 Answers | Asked in Employment Law and Employment Discrimination for Georgia on
Q: My husband is being forced to take leave without pay due to some medical restrictions that have been placed on him.

They have made no attempts since he returned to work in May for reasonable accommodations. His restrictions are only no driving and no working on elevated surfaces or climbing ladders or stairs. The dr request was for him to be able to do table top work or desk work. Based on the ADA how can... Read more »

Kyle Anderson
Kyle Anderson answered on Dec 29, 2020

They may not be able to. It sounds like they are saying he needs to be "100% healed" to return to work. This may be a violation of the ADA. I would reach out to an employment law attorney in your state for a consultation and to discuss options.

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Q: I live where I work and they just sent me an eviction notice and it say I'm squatting, can get legally evict me?

I pay partial rent and don't have a rental agreement and been living where I work ( maintenance man) for 8 years. They wrongfully fired me but then gave me my job back at the end of the week (I didn't ask for it back) now I have an eviction notice saying I'm squatting and have to... Read more »

David Soble
David Soble answered on Dec 27, 2020

Without a written lease, you have a month to month rental agreement (oral agreement). Therefore, they would have to give you 30 days notice. You should also note that in Michigan there are new measures in place with the district courts related to the residential eviction process that require more... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: What percent can a lawyer charge on a wrongful termination case?
Louis George Fazzi
Louis George Fazzi answered on Dec 26, 2020

Most reputable attorneys who handle wrongful termination cases on a contingency fee basis charge anywhere from 1/3 of the gross recovery, plus their costs incurred in proving up the case. Depending on the complexity of the case and the issues involved, many attorneys may have a sliding scale of... Read more »

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1 Answer | Asked in Employment Discrimination for New York on
Q: What is the law that applies to sue for Libel and Slander in a Federal Court in New York?
Tim Akpinar
Tim Akpinar answered on Dec 23, 2020

There is a section here on this site for that area of law. You are talking about defamation laws. Below the main categories, you'll see linked text, "Show More Categories." You'll see "Libel & Slander" near the top of the third column of categories. There's no... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: how long do i have to wait to receive my last paycheck after my boss verbally tells me to not come back to work anymore?

My boss thinks that i am involved in the theft of a company truck, which, of course, i am not. He has openly accused me and verbally threatened me with violence in front of other employees until finally telling me not to come back to work. The theft occurred about a week before i was told to not... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 20, 2020

If you work for a non-governmental employer in California, you are to be given you final wages on the day you are terminated. If your employer willfully refuses to provide you final wages on that day, you are entitled to Waiting Time Penalties equal to on day of pay for each day you are made to... Read more »

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1 Answer | Asked in Civil Rights, Employment Discrimination and Gov & Administrative Law for New York on
Q: Maximum lawyer fees for federal (government agency) discrimination ( title V) cases?

Is there a maximum amount or percentage a lawyer can charge for title V cases against a government agency settled at the EEOC level? I was told by a friend who practices family law out of State that the fees they can charge are capped similar to what disability lawyers can charge. Another piece of... Read more »

V. Jonas Urba
V. Jonas Urba answered on Dec 16, 2020

Apparently, you may be situated in a state outside of New York. I limit my active practice to New York State. Each state enacts laws regarding ethical behavior and conduct of lawyers. Many adopt the model rules but there are exceptions.

In New York State lawyers fees are determined by the...
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