Employment Discrimination Questions & Answers by State
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Employment Discrimination Questions & Answers
Q: I'm 4 months pregnant and the father is in Mexico due to deported.How can he get legal status to be in US by marriage
1 Answer
| Asked
in
Immigration Law, Education Law, Employment Discrimination and Federal Crimes
on
Answered on Sep 15, 2017
Answered on Sep 15, 2017
Myron Morales' answer
It depends upon why he was deported. He will have to wait until his bar to reentry is expired and then file an I-212. Then you can sponsor him. You should work on becoming a citizen in the interim so he will be an immediate relative and not subject to the presence system.
It depends upon why he was deported. He will have to wait until his bar to reentry is expired and then file an I-212. Then you can sponsor him. You should work on becoming a citizen in the interim so he will be an immediate relative and not subject to the presence system.
Q: My boss sexually assaulted me at a bar outside of work. Not saying I want to, but is that grounds for suing my company?
1 Answer
| Asked
in
Criminal Law, Employment Discrimination and Sexual Harassment
for
Utah
on
Answered on Sep 13, 2017
Answered on Sep 13, 2017
Mr Aric M Cramer Sr.'s answer
I only practice criminal defense. You need to contact an employment law attorney.
I only practice criminal defense. You need to contact an employment law attorney.
Q: How to take legal action against an employer for hostile work environment, discrimination, harassment?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
New York
on
Answered on Sep 11, 2017
Answered on Sep 11, 2017
V. Jonas Urba's answer
Please consult with an employment lawyer sooner than later. Statutes of limitation run 300 days or 1 year from when you were fired. If you quit that will require a very careful analysis. If you were an IC that could be even more complicated.
Please consult with an employment lawyer sooner than later. Statutes of limitation run 300 days or 1 year from when you were fired. If you quit that will require a very careful analysis. If you were an IC that could be even more complicated.
Q: Is there anything I can do?
1 Answer
| Asked
in
Employment Law and Employment Discrimination
for
Minnesota
on
Answered on Sep 11, 2017
Answered on Sep 11, 2017
Q: Will an arrest in MO show on a background screen in NY if it has not yet been resolved?
1 Answer
| Asked
in
Employment Law, Civil Rights and Employment Discrimination
for
New York
on
Answered on Sep 10, 2017
Answered on Sep 10, 2017
V. Jonas Urba's answer
Don't know. Maybe not until final disposition? Ask a criminal defense lawyer.
Examine your application for employment. If it asked about arrests and you do not get job you may have a cause of action?
Don't know. Maybe not until final disposition? Ask a criminal defense lawyer.
Examine your application for employment. If it asked about arrests and you do not get job you may have a cause of action?
Q: can i pay under the minimum wage if i teach skills and get credit for that as exchange?
2 Answers
| Asked
in
Employment Discrimination and Employment Law
for
New York
on
Answered on Sep 9, 2017
Answered on Sep 9, 2017
V. Jonas Urba's answer
Never pay below minimum wage.
Never fail to pay overtime.
Never pay an employee as an independent contractor.
If you train people have them sign restrictive or non-compete covenants.
Speak with an employment lawyer. We can help businesses remain competitive and stay out of very costly federal lawsuits.
Never pay below minimum wage.
Never fail to pay overtime.
Never pay an employee as an independent contractor.
If you train people have them sign restrictive or non-compete covenants.
Speak with an employment lawyer. We can help businesses remain competitive and stay out of very costly federal lawsuits.
Q: They told me that when the Doctor gave me the mmi rating of 5% × 3=15 × 266.00 = to 3990.00 back pay since they stopped
1 Answer
| Asked
in
Workers' Compensation, Employment Discrimination and Small Claims
for
Texas
on
Answered on Sep 8, 2017
Answered on Sep 8, 2017
Roy Lee Warren's answer
Assuming you signed a DWC 24, (an "agreement", but absolutely not a settlement because "settlements" are not allowed in WC) it probably included an agreement that you "agreed" to the MMI and IR given. If so you have a very hard situation because you will have to overcome the agreement AND the MMI/IR. Not many lawyers will want to take the case on a contingency (the only method allowed) but you can seek help from the DWC's ombudsman program. They will help yo through the DWC appeals process but...
Assuming you signed a DWC 24, (an "agreement", but absolutely not a settlement because "settlements" are not allowed in WC) it probably included an agreement that you "agreed" to the MMI and IR given. If so you have a very hard situation because you will have to overcome the agreement AND the MMI/IR. Not many lawyers will want to take the case on a contingency (the only method allowed) but you can seek help from the DWC's ombudsman program. They will help yo through the DWC appeals process but...
Q: Is there any was I can reopen my case they keep on telling me no but I know there's always something a lawyer can do to
1 Answer
| Asked
in
Workers' Compensation, Employment Discrimination and Small Claims
for
Texas
on
Answered on Sep 8, 2017
Answered on Sep 8, 2017
Roy Lee Warren's answer
I believe you are correct, a lawyer probably can figure out a way to reopen, particularly if you have it class correctly. WC cases in Texas are not supposed to be closed because they have life-time medical for the injury.
I believe you are correct, a lawyer probably can figure out a way to reopen, particularly if you have it class correctly. WC cases in Texas are not supposed to be closed because they have life-time medical for the injury.
Q: Employer reneged on agreement to raise annual pay due to layoffs, is that legal?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
California
on
Answered on Sep 8, 2017
Answered on Sep 8, 2017
Louis George Fazzi's answer
Yes you do have an argument in your favor for breach of contract. You need to emphasize the offer they made to you, the fact that you excepted the offer, and then their breach by failing to follow through and actually pay you what you were promised as an inducement for you to stay with the company. But since you are in small claims court, you now cannot have a lawyer represent you. What you need is to find a paralegal or a law student to do use the legal research and write a brief for you,...
Yes you do have an argument in your favor for breach of contract. You need to emphasize the offer they made to you, the fact that you excepted the offer, and then their breach by failing to follow through and actually pay you what you were promised as an inducement for you to stay with the company. But since you are in small claims court, you now cannot have a lawyer represent you. What you need is to find a paralegal or a law student to do use the legal research and write a brief for you,...
Q: My manager really dislikes me and has made my life at work miserable.
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
California
on
Answered on Sep 6, 2017
Answered on Sep 6, 2017
Louis George Fazzi's answer
Report these issues to the Human Resources manager at your work. You might also consider complaining to the EEO officer at your employer. If you are a union member, take these issues up with your union representative. Lastly, you can file a complaint with the State of California Department of Fair Employment and Housing (DFEH) or with the Federal government at the Equal Employment Opportunity Commission (EEOC).
Report these issues to the Human Resources manager at your work. You might also consider complaining to the EEO officer at your employer. If you are a union member, take these issues up with your union representative. Lastly, you can file a complaint with the State of California Department of Fair Employment and Housing (DFEH) or with the Federal government at the Equal Employment Opportunity Commission (EEOC).
Q: I informed HR that I am transgender and plan to transition from male to female. While I didn't get fired, no one at my
Ali Ebrahimzadeh, Esq.'s answer
You may have a case for hostile work environment and gender/ sexual orientation discrimination. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. 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,...
You may have a case for hostile work environment and gender/ sexual orientation discrimination. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. 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,...
Q: Recently my immediate boss lost his temper at work. He pushed me and used demeaning, direct and vulgarity. Can you help?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Oregon
on
Answered on Sep 4, 2017
Answered on Sep 4, 2017
Mr. Michael O. Stevens' answer
It does sound like you have case, especially for the battery. Meanwhile, since that can take some time, make sure and file for unemployment if you have not already. Then find an employment law attorney, as attorneys cannot solict your business, so you have to contact them. Best of luck.
It does sound like you have case, especially for the battery. Meanwhile, since that can take some time, make sure and file for unemployment if you have not already. Then find an employment law attorney, as attorneys cannot solict your business, so you have to contact them. Best of luck.
Q: Can i sue my workplace if a false rumor regarding infidelity was started by an administrator against me?
2 Answers
| Asked
in
Libel & Slander, Employment Law and Employment Discrimination
for
New York
on
Answered on Sep 3, 2017
Answered on Sep 3, 2017
V. Jonas Urba's answer
If you quit then constructive discharge would need to be proven. You would need to show that what was done to you was so bad that no reasonable teacher would have stayed. You will not likely recover unemployment benefits with these facts so I don't know how you would prove constructive discharge?
1. What are your damages?
2. How will you prove them.
Was what was done to you severe or pervasive.
Just last week I had a federal judge tell me "you know Mr. Urba that...
If you quit then constructive discharge would need to be proven. You would need to show that what was done to you was so bad that no reasonable teacher would have stayed. You will not likely recover unemployment benefits with these facts so I don't know how you would prove constructive discharge?
1. What are your damages?
2. How will you prove them.
Was what was done to you severe or pervasive.
Just last week I had a federal judge tell me "you know Mr. Urba that...
Q: Can I sue a ex employer for a injury that happened a few years ago who had me say I was not at work when it occured
1 Answer
| Asked
in
Employment Discrimination, Employment Law, Personal Injury and Workers' Compensation
for
Colorado
on
Answered on Aug 30, 2017
Answered on Aug 30, 2017
Tristan Kenyon Schultz's answer
Talk to an employment lawyer about the specifics of your case. Be warned, you will have an uphill battle counter your prior statement that the injury did not occur at work. There is case law that does protect employees who are forced to not report an injury in the workplace for fear of discipline/dismissal by the employer, but these cases are restricted to clearly documented threats by the employer. Also be aware that worker's compensation claims usually expire 2 years from injury.
Talk to an employment lawyer about the specifics of your case. Be warned, you will have an uphill battle counter your prior statement that the injury did not occur at work. There is case law that does protect employees who are forced to not report an injury in the workplace for fear of discipline/dismissal by the employer, but these cases are restricted to clearly documented threats by the employer. Also be aware that worker's compensation claims usually expire 2 years from injury.
Q: I was terminated from my GM job on 8/3/17. The company is now denying unemployment and lying about why they fired me.
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Maryland
on
Answered on Aug 30, 2017
Answered on Aug 30, 2017
June Marie Marshall's answer
You can appeal the denial of unemployment and request a hearing. You will have to provide evidence disputing the employer's claim about why it fired you.
You can appeal the denial of unemployment and request a hearing. You will have to provide evidence disputing the employer's claim about why it fired you.
Q: Is it legal to take a shift away from a pregnant bartender or waitress?
V. Jonas Urba's answer
Does the employer have a legitimate reason not because of sex or pregnancy for doing that?
You should discuss with an employment lawyer. Employment law questions can rarely be answered yes or no. The answer is usually "it depends." And that can take a half hour or longer in discussing details with a lawyer.
Does the employer have a legitimate reason not because of sex or pregnancy for doing that?
You should discuss with an employment lawyer. Employment law questions can rarely be answered yes or no. The answer is usually "it depends." And that can take a half hour or longer in discussing details with a lawyer.
Q: Unable to find employment due to background checks from an incident that ocurred in 2008.
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
New York
on
Answered on Aug 28, 2017
Answered on Aug 28, 2017
V. Jonas Urba's answer
Maybe.
You probably need to hire an Oklahoma criminal defense lawyer. Something needs to be done about the felony in Oklahoma. Since I do not practice criminal law that is a question for criminal defense counsel.
Once you clear up Oklahoma, New York should no longer be an issue.
Maybe.
You probably need to hire an Oklahoma criminal defense lawyer. Something needs to be done about the felony in Oklahoma. Since I do not practice criminal law that is a question for criminal defense counsel.
Once you clear up Oklahoma, New York should no longer be an issue.
Q: my lawyer told me that after the settlement with company and work comp. he told me i have to leave my job? its that true
1 Answer
| Asked
in
Employment Discrimination, Employment Law, Small Claims and Workers' Compensation
for
Pennsylvania
on
Answered on Aug 27, 2017
Answered on Aug 27, 2017
Timothy Belt's answer
Settlement is voluntary. If you don't want to settle your claim you don't have to settle. Similarly, if the employer/carrier is not interested in a settlement proposal, they do not have to take it. You don't have to settle your claim, but if you choose to do so, many employer's and workers' compensation carriers will require a resignation. As I explained the last time you asked this question, part of what the employer/carrier is paying for in the settlement is to be relieved of future...
Settlement is voluntary. If you don't want to settle your claim you don't have to settle. Similarly, if the employer/carrier is not interested in a settlement proposal, they do not have to take it. You don't have to settle your claim, but if you choose to do so, many employer's and workers' compensation carriers will require a resignation. As I explained the last time you asked this question, part of what the employer/carrier is paying for in the settlement is to be relieved of future...
Q: is it true that after the settlement with wc i have to leave work or get fired..etc after i sue them etc.?
1 Answer
| Asked
in
Employment Discrimination, Employment Law and Workers' Compensation
for
Pennsylvania
on
Answered on Aug 25, 2017
Answered on Aug 25, 2017
Timothy Belt's answer
Many workers' compensation insurance carriers and some employers do require that you resign as part of a settlement. The reason for this is that in Pennsylvania aggravation of a preexisting condition can be considered a new work injury, so the day after you settle your claim you could potentially return to work and injure the same body part and have a new workers' compensation claim. From their position, they are paying a lump sum to resolve their ongoing liability. They do not want to pay...
Many workers' compensation insurance carriers and some employers do require that you resign as part of a settlement. The reason for this is that in Pennsylvania aggravation of a preexisting condition can be considered a new work injury, so the day after you settle your claim you could potentially return to work and injure the same body part and have a new workers' compensation claim. From their position, they are paying a lump sum to resolve their ongoing liability. They do not want to pay...
Q: If I have a boss that harasses me on a daily bases, what can I do?
William Head's answer
If it via not sexual harassment, age discrimination, or some protected "class" of behavior, your remedy is to find someplace else to work.
Sounds like that is what your boss wants you to do, anyway.
If it via not sexual harassment, age discrimination, or some protected "class" of behavior, your remedy is to find someplace else to work.
Sounds like that is what your boss wants you to do, anyway.
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