Employment Discrimination Questions & Answers by State

Employment Discrimination Questions & Answers

Q: I was injured on the job in December 2016, it is a shoulder injury. I went to the dr that day.

1 Answer | Asked in Workers' Compensation and Employment Discrimination for South Carolina on
Answered on May 29, 2017

You have a workers' compensation claim for your shoulder injury and it sounds like you are receiving authorized medical treatment. If you are still having problems after this long a time, an MRI might be in order and you might benefit from a referral to an orthopedic doctor. Because you have been terminated while at restricted duty status, you might be entitled to be paid weekly benefits. Once you reach maximum medical improvement, you may be entitled to be compensated if you have a...
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Q: I asked for permission ahead of time to leave early from work.

1 Answer | Asked in Employment Discrimination for California on
Answered on May 27, 2017

Probably, but it depends on whether your supervisor had previously given you the ok to leave early that day. Without further information from you, it would be difficult to advise whether your rights were violated in any way.

Generally, all employment is "at will" which means that your employment lasts for only as long as your employer wants to keep you as an employee. There are exceptions, for example, if you are a permanent governmental employee (work for city, county, state or other...
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Q: Can a attorney file a untruth answer

1 Answer | Asked in Employment Discrimination for California on
Answered on May 24, 2017

Your question is confusing almost to the point of being unintelligible, and does not include sufficient information to allow me to give you any reliable information. If your daughter could provide more specific information about the nature of her case, who is suing/being sued etc., then I might be able to give her some real guidance.
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Q: Legal for Human Resources to deny position transfer purely based by the sound of my voice? Born with, unable change

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

Sounds like bs to me. I would go to HR and file a complaint of discrimination based on a perceived physical condition. If the company's HR department fails to act on your behalf, you can file a claim with the California Department of Fair Employment and Housing (DFEH) or with the federal Equal Employment Opportunity Commission (EEOC).

It is illegal to discriminate against an employee based on an actual physical disability or even a perceived disability, which it sounds like you may...
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Q: Do I need a medical release form to return to work?

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

Your employer may require a medical release form indicating that you have been released to return to work. However, since you did not go off work on a doctor's orders you don't have a doctor's release to return to work. Have you spoken with your supervisor? Call the HR department and explain your situation. If that doesn't work, go to an urgent care clinic and get a release to return to work.
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Q: I got laid off from a telemarketing company

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

Insufficient information to provide a reasonably well informed response.
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Q: Is there any way I can work around federal and California discrimination laws regarding national origin, see below.

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Answered on May 23, 2017

If you are discriminating because of a rational business purpose, for example by holding yourself out has a Swedish employment agency, then a requirement to be Swedish would be a legal job criterion. That, in my opinion, would not run afoul of any discrimination laws. It would be no different than if you catered only to Hispanics entering the workforce.
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Q: Can i get unemployment if i get layed off because of daca expired but have been approved for renewal?

1 Answer | Asked in Employment Discrimination for California on
Answered on May 23, 2017

As far as I know, there are no exceptions to that rule. You were laid off because you're no longer eligible to work. Eligibility to work is the key, not the mere ability to work.
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Q: Is the city of Gardena acivil service employee or

1 Answer | Asked in Employment Discrimination for California on
Answered on May 23, 2017

They may not be a civil-service employer, but as a public agency employment by the city can become a property right if you are a permanent employee who has passed the normal probationary period. As soon as you become a permanent employee that job becomes a property right of which you cannot be deprived without due process of law.
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Q: I work as a firefighter and we have a residency requirement of 60 miles.I wanted to know if this can be challenged

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Answered on May 23, 2017

I would think that your 10 year history of complying with the 60 mile rule with a rented room as your primary place of residence should be plenty of evidence to support you. But you will need local employment law counsel to assist you.
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Q: I need help on getting a subpoena issued to obtain information from my former employeer

1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for California on
Answered on May 23, 2017

You can take your claim to the California labor Commissioner. They will assist you with everything you need. Just do a Google search for California labor Commissioner and you can go from there.
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Q: The job interview I went to, the job description sent to me, the offer to me, and the job I accepted was a..

1 Answer | Asked in Employment Law, Workers' Compensation, Business Law and Employment Discrimination for California on
Answered on May 23, 2017

Sounds to me like fraud and breach of contract. I recommend you find a competent employment law firm to assist you with your claims.
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Q: Can someone be legally terminated as a result of being baker acted?

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Answered on May 23, 2017

Probably. Consult an employment law attorney.
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Q: I was going 2 resign due 2 wage & hr dispute. Boss asked me 2 stay we talked. He now is taking my hrs. Is this right?

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Answered on May 23, 2017

There is not enough information in this post to give you detailed advice. Really, you need to consult with an experienced employment attorney for such advice. Even so, under both state and federal law, an employer must pay you overtime for all hour worked over 40 in a workweek. This assumes that you are a non-exempt employee and that you do not work for the government. If you lodge a complaint about, or report, a failure to comply with the Wage and Hour law, it is unlawful for the employer...
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Q: My former employer made a false policr repirt aganist me that i robbrd one of ther stores and was aressted

2 Answers | Asked in Employment Discrimination, Employment Law, Libel & Slander and Personal Injury for California on
Answered on May 22, 2017

You may be able to sue for malicious prosecution, depending on the 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, www.AEesq.com. 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: I was the victim of a hostile work environment. However, I recently left the job. Do I have a valid case against them?

3 Answers | Asked in Employment Discrimination and Employment Law for New York on
Answered on May 20, 2017

Constructive discharge is very hard to prove. That means they forced you to leave.

Did you receive unemployment benefits? If you lose those which are usually pretty easy to get in N.Y. you may have a tough time with other claims.

Have you retained a work comp lawyer? You should call some. They will not charge to speak with you. If the breakdown was work related that may be your best shot.

Did you ask for an accommodation? You would have told them what your diagnosis is...
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Q: Can I get in trouble for calling someone I work with a "cholo?" I am sorta his manager since I give him directions...

2 Answers | Asked in Employment Discrimination and Employment Law for New York on
Answered on May 19, 2017

Yes you can get into trouble. And your employer can get sued. You can lose your job.

Even if both of you identified with one group a third person who overheard your repeated comments could feel uncomfortable report both of you and he and you both lose jobs.

If you fear for your safety go to the police and report that but be prepared to tell the truth. I had a client lose their job after a female employee reported that the male coworker harassed her. Orders of protection are not...
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Q: can I be suspended and possibly fired from my job for doing things that I was not aware of were wrong for me to do?

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Answered on May 18, 2017

Yes, they can do this, nothing illegal about it. In fact, if they had wanted to, they could have just fired you, as employment is at will. That means that can fire you for just about any reason, or no reason at all.
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Q: Can you sue for being unlawfully terminated

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Answered on May 18, 2017

This is an employment-at-will state which means you can be terminated for any reason and there is no liability for the employer unless there is an unlawful motive for the termination. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful retaliation. Discrimination in employment is unlawful if it is due to race, color, sex, national origin, religion, disability or age 40 or older. Retaliation in employment is unlawful only if you engaged in one of a handful...
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Q: Is it possible to sue an employer in Maryland?

1 Answer | Asked in Employment Discrimination, Employment Law and Civil Rights for Maryland on
Answered on May 17, 2017

Generally, employment is "at will" in the state of Maryland, i.e., at the will of the employer or at the will of the employee. You may have a breach of contract if you can show that you and the employer made a contract for employment and the employer breached that contract by dismissing you. You would have to have evidence that there was a contract (oral or written agreement between the parties), there was consideration (money or promises exchanged), and the employer breached the contract and...
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