Lawyers, Answer Questions  & Get Points Log In
Employment Discrimination Questions & Answers
2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I’m at work an my supervisor recorder me an take a picture out me an my belongings with out my permission can he do that
James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

This question is under the "California" tab, so I'll assume this relates to California law. It sounds like what happened to you is not only inappropriate but potentially illegal. Speak with a local attorney today. [I litigate cases. Anything posted here must not be construed as legal... Read more »

View More Answers

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I’m at work an my supervisor recorder me an take a picture out me an my belongings with out my permission can he do that
Neil Pedersen
Neil Pedersen
answered on Sep 22, 2022

There is nothing unlawful about an employer taking a picture of you in the workplace, unless the picture was of you in a place of privacy, like a changing room or the bathroom. Similarly, there is nothing unlawful about an employer taking pictures of your personal property that you have in plain... Read more »

View More Answers

2 Answers | Asked in Employment Discrimination and Employment Law for Texas on
Q: Are employers allowed to force and administer a Covid 19 test
John Michael Frick
John Michael Frick
answered on Sep 21, 2022

No, but they can make it a condition of continued employment under many circumstances. If such a test is “job related and consistent with business necessity,” the employer can require a COVID-19 test as a condition of continued employment. This is largely being interpreted as meaning will the... Read more »

View More Answers

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Is it illegal in Texas for an employer to withhold tips from an employee?

I worked part time for a company making the $7.25 minimum hourly wage. The company also had a tip pool on top of their pay, and employees were tipped equally every day. When I quit the job, the manager told me that they were going to withhold my tips from the previous day I had already worked. They... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 20, 2022

This is a tricky situation. Under federal law, employers are generally only required to pay you at least your state's minimum wage for each hour of work you perform. In the service industry, this means your server wage + your tips received must equal a ground total that averages out to an... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: My daughter is a server. The owner has opened 2 new restaurants. Can she be forced to work at a different restaurant?

The restaurants are different concepts. Different rate of pay and duties. Refuses to hire more people. And this employer is also not paying the girls overtime. They also are never given pay stubs. The owner also recently refused to give her the insurance company's name for a workers comp... Read more »

Charles M.  Baron
Charles M. Baron
answered on Sep 20, 2022

Your daughter should schedule a consultation with an employment lawyer in her geographic area. Can an employer tell an employee to work at another location or instead me terminated? Usually, yes, because in most circumstances, the employer does not need a reason to terminate. However, you raise... Read more »

View More Answers

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Can an employer fire you, give a letter to sign waiving all rights to any EEOC claim in exchange for severance pay?

My employer walked into my office, handed me a check for the two days I had worked, another check for accrued vacation pay, and another check. He then handed me paper work to sign, waiving all rights to any and all discrimination claims. He asked me to read them, sign them and return them in... Read more »

Brad S Kane
Brad S Kane
answered on Sep 19, 2022

Yes, an employer can terminate you, pay you all compensation earned and offer you additional compensation in exchange for signing of the release of your potential claims.

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: I left my contract on a cruise ship before it was up. they will not hire me back, I left because of Covid, I have case?

The rule on a royal Caribbean ship is that if you leave without fulfilling a two week notice you are not allowed to be rehired. I had put a two week notice in to go home to take care of some personal stuff. During that two weeks. Covid was spreading rapidly, I had a feeling that I was going to be... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 18, 2022

What are you wanting to happen? If that is Royal Caribbean's policy, and they won't hire you back, there is nothing a court can do about that. You have no right to work for a particular company.

1 Answer | Asked in Cannabis & Marijuana Law, Employment Discrimination and Employment Law for Ohio on
Q: If you live in ohio but work in pennsylvania do you get the medical cannibis discrimination protections as pennsylvania?

Someone who lives in PA gets protections from being fired if they have a medical card. But Ohio doesn't have any of that.

So if I live in Ohio but work in PA would I not get these protections because I live in Ohio and have an Ohio medical card?

Nicholas P. Weiss
Nicholas P. Weiss
answered on Sep 16, 2022

No. Pennsylvania law applies to Pennsylvania companies. They would not be able to terminate so long as you are in compliance with Pennsylvania's medical marijuana laws.

1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for Virginia on
Q: I just had heart surgery and my employer of 15 years seems to be trying to find a way to fire me. Should I lawyer up?

My employer quite suddenly has begun writing me up for perceived performance opportunities that seem fabricated after never receiving developmental feedback like this. I’m worried it is because I had health problems and needed open heart surgery. It could also be my tenure with the company. It... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 13, 2022

Under the Americans with Disabilities Act, employees cannot be discriminated against or targeted for termination based on a disability or need for an accommodation based on a disability. If you think your employer is targeting you for termination based on your past surgery and/or ongoing related... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Can my union post up info at my work showing who is not in the union?

A union rep came by and told me if i dont join the union they would post the names of non union members up on a wall at work.

Neil Pedersen
Neil Pedersen
answered on Sep 12, 2022

Sure, why not? There is nothing confidential about union membership, or lack thereof.

Good luck to you.

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: In the state of NC can I legally be fired for telling a joke to a coworker when I'm not at work?
Kirton M. Madison
Kirton M. Madison
answered on Sep 12, 2022

In general--yes. North Carolina is an at-will employment state. Absent an employee contract or an agreement, the employer can terminate someone's employment for almost any reason or no reason at all. You may want to speak with an employment attorney if other factors were at play, but this... Read more »

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: can a company with under 50 employees deduct pay as a punishment and then give that deduction to another employee's rais

My husbands pay was docked 4 dollars for being late a couple of times. His boss under a contract said in a month he would get it back. Instead he never gave it back and gave the extra 4 dollars to give another employee a 4 dollar raise. There is more to this as well. My husband suffered some... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 10, 2022

An employer can NEVER dock pay for anything. It is irrelevant what the money is being used to. His employer is violating the law.

If the heart issue was caused by conditions in his workplace, it may give rise to a claim for workers compensation claim.

As to the termination, it is...
Read more »

View More Answers

1 Answer | Asked in Employment Law and Employment Discrimination for Georgia on
Q: I got fired cuz I had a Dr's note not to work
Kimberly N. Martin
PREMIUM
Kimberly N. Martin
answered on Sep 7, 2022

I'm sorry that you were terminated for turning in a doctor's note. Under the American's with Disabilities Act, an employer cannot terminate an employee on the basis of a disability or because they perceive the employee as having a disability. If an employee has a disability under... Read more »

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for California on
Q: Annual a performance review scores were admittedly falsified.

Falsified from 6.5 to 4.0 (1-10 scale) by my manager , in writing stated it was modified downward to fit a list of pre-determined employees targeted for layoff. The score reduction was directed by the HR department, therefore my scores were changed which did not reflect my overall performance.... Read more »

Brad S Kane
Brad S Kane
answered on Sep 7, 2022

A falsified performance review as part of a targeted layoff is an adverse employment action, which may support a claim for age discrimination. You should speak with an employment attorney about how to respond in writing to the falsified evaluation, most provide free consultations.

1 Answer | Asked in Employment Discrimination and Employment Law for Arizona on
Q: I was "stood down" by my employer do to my mental health. Now they are threatening to enforce the attendance policy.

Please tell me how to proceed? Especially if they do not wish to say anything via email.

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 6, 2022

More information is needed to answer your question. You should contact an Arizona employment attorney to discuss your situation in greater detail, because disability-related issues are highly fact dependent.

1 Answer | Asked in Business Law, Employment Discrimination and Employment Law for Georgia on
Q: Can I sue someone for not paying me even if we didn’t have a contract?

I went on tour with a rapper and I was the driver and the rapper said he was going to pay me but we didn’t sign a contract or anything. And now that the tour is over he has ghosted me.

Glenn M. Lyon
Glenn M. Lyon
answered on Sep 6, 2022

Yes.

1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on
Q: Can a company fire me within my 2 week notice while I'm on ADA?

I've been with the company almost 10 years but management has been getting worse and I feel like they are pushing me out. I also feel like the fact I'm on ADA for a medical disorder I have isn't helping with how they treat me.

Nicholas James Crawford
Nicholas James Crawford
answered on Sep 6, 2022

The American's with Disabilities Act requires that your company make reasonable accommodations for your disability and that the company can not discriminate against you because of your disability. If you already have an ADA accommodation request with your employer, it would be very suspicious... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Missouri on
Q: a new hire is doing the same job as me but without experience is making $10,000 more than me, what can i do?

I have 20 years experience, the new hire has none. I have to train this person as well.

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Sep 1, 2022

You can ask for a raise. You can also look for a different employer becasue you probably have skills that merit a higher salary.

3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I was fired for texting my boss asking for her to not yell at her staff. Is this wrongful termination?
Louis George Fazzi
Louis George Fazzi
answered on Aug 31, 2022

The answer to your question depends on a lot of information which is not included in your short note.

It depends on many factors, such as how long you worked for this employer, whether there were any policies regarding how long you could be employed, any promises made to you about the job...
Read more »

View More Answers

1 Answer | Asked in Employment Law and Employment Discrimination for Georgia on
Q: Negotiating a severance package before getting attorneys involved.

Company is downsizing and I was laid off. I get it. However, I was offered a weak severance package. Should I amicably counter with what I believe is fair (3 times what they offered), without introducing the hostile work environment and age discrimination I felt I experience during my tenure? Or... Read more »

Kimberly N. Martin
PREMIUM
Kimberly N. Martin
answered on Aug 30, 2022

This is a good question. Understandably, you do not state how long you have been with the company, how much they are offering you, and how much you would accept. However, I think it may be beneficial for you to get a free consultation from an employment lawyer to assist you in determining an... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.