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Employment Discrimination Questions & Answers

1 Answer | Asked in Employment Law, Civil Litigation, Civil Rights and Employment Discrimination for Florida on

Q: Can I sue ADP for damages due to garnishment errors?

Bruce Alexander Minnick answered on Jun 26, 2019

Sure; in America anyone can sue anyone else at any time—even without a lawyer in small claims court. Winning the lawsuit is another matter. If you decide to sue you should be prepared to pay the filing fee and then pay another hundred bucks or so for service of process. Finally, if a court of law... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on

Q: I would like to file whistleblower, discrimmation and harassment..refusal to pay back pay against Teleperformance

I was harassed after going to HR to file complaint against supv..advising of discrimination, hostile work enviroment

Timothy Denison answered on Jun 22, 2019

Ok. You need to find an experienced civil rights attorney to handle your case so it is handled properly.

3 Answers | Asked in Personal Injury and Employment Discrimination for California on

Q: What should I do to change date of claimed injury on my notice application from workers compensation

I received notice of application letter from workers compensation and I just realized that the date of claimed injury was wrong date. Should I call and inform my lawyer about this and ask to change it with the actual date?

William John Light answered on Jun 19, 2019

This a great question for your lawyer.

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1 Answer | Asked in Employment Discrimination and Employment Law for New York on

Q: Employment lawyer

I work a company in NYC for the past 15 years , requesting all my employment paper work via certified mail 3 times at the time of hire more than 6 months ago , my employer ignored all communications. Did I’m entitle to get a copy or get a response from my employer. I would like to know my rights.

V. Jonas Urba answered on Jun 19, 2019

If you work for the government you are entitled to request copies of your personnel file.

If you work for a private employer which is subject to New York's Labor Laws there is no right for any employee to obtain copies of their personnel file unless the employer has negotiated same in her...
Read more »

1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for California on

Q: Can we ask an applicant about criminal cases found online?

We are making a new hire at our company, phone screened, interviewed and asked for references. While checking their social media and verifying some basic info online we found that she has some criminal cases online in San Diego, CA. We can't see the details, but would like to know if we can... Read more »

Neil Pedersen answered on Jun 17, 2019

You cannot ask about or even perform a background check to find criminal convictions until after you have made a conditional offer of employment to the employee. At this point, you have already created possible exposure to the company by doing the light background work you have done because you... Read more »

2 Answers | Asked in Employment Law and Employment Discrimination for New York on

Q: If the EEOC complaint does not have certain parties named, does that mean I cannot add them to a summons and complaint

If the EEOC complaint does not have certain parties named, does that mean I cannot add them and other claims to a summons and complaint later on?

V. Jonas Urba answered on Jun 13, 2019

You need to amend your Form 5 EEOC charge while it is still at the EEOC or file a new one ASAP if you have not missed the filing deadline. Adding parties regarding claims that the EEOC has jurisdiction over is not a good idea. You might miss a statute of limitations deadline and/or the Court might... Read more »

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2 Answers | Asked in Contracts, Employment Discrimination and Employment Law for California on

Q: I was told recently that my position is no longer available after signing my contract

edit text

I work as a teacher for 10 months of the year but I opted to have my paycheck spit out the entire year. On the service pay Carm Werr salary is poured and other HR details is recorded that I am to be paid 26 pay periods for the year however I just noticed that it is possible that... Read more »

Bruce Alexander Minnick answered on Jun 13, 2019

The issue about the number of pay periods has nothing to do with the contracts issue about the status of whatever contract you say you signed. I suggest you contact someone in the district or perhaps your union rep and ask them about your status for next year.

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2 Answers | Asked in Employment Law and Employment Discrimination for California on

Q: Can an employer decrease the amount you are paid if your contract specifically states the rates they are paying you?

I am paid per patient depending on the patient insurance coverage. I do not work for a temp agency but my employer places their employees in health centers that pay my employer and then employees get paid. I was told the health center is changing how they bill insurance which is causing the... Read more »

Louis George Fazzi answered on Jun 7, 2019

You need to contact an attorney who handles employment matters asap. Look for (i.e. Google) lawyers who handle sex discrimination cases. There are numerous good firms in the Los Angeles area which handle such matters. Look for the most experienced in handling equal pay matters. Barbara Hadsell of... Read more »

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2 Answers | Asked in Employment Discrimination and Employment Law for Florida on

Q: I work for an employer with over 200 employees and I receive FMLA due to health issues. Originally my Manger started

Originally my Manger started off sending messages while on leave to me about work related concerns eventually it transpired to I need to let them know ahead of time if I plan on being out of work. I was told my attendance is an outlier and that instead of staying home not doing anything come to... Read more »

Bruce Alexander Minnick answered on Jun 4, 2019

The FLMA is not intended to be used as any kind of excuse to avoid going to work. The FMLA is intended to help people who have demonstrated some legitimate short term health concerns or who have family members with legitimate short term health concerns--i.e., are expected to last six months or... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for Ohio on

Q: Reading my companies drug policy I'm not sure if I'm protected for using medical marijuana or not. Can someone advise?

My main question is with the wording of my company's policy below. Since I am under a physician's care wouldn't it seem I am in compliance with company policy?

The Company has a strong commitment to provide a safe work place and to establish programs

promoting high standards of... Read more »

Denise Rini Esq answered on Jun 4, 2019

Ohio Law, as well as the United States Supreme Court has ruled that a company may discharge or fire an employee for using medical marijuana.

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Ohio on

Q: Can someone accuse you of sexual harrasment when you was joking with a friend on the pack line about a item that you was

Sending down the line and the person that accused me was just ease dropping in to the convo but i did apologized to the person but i was terminated on sexual harrasment when i was no where near her never spoke to her only to apologize if i offended her and the comment wasnt towards her but there... Read more »

Bruce Alexander Minnick answered on May 28, 2019

Unless you had a written employment contract your employer can terminate you for any reason.

1 Answer | Asked in Employment Law and Employment Discrimination for California on

Q: I'm charged a $ 10.00 fee to cash my payroll check at the bank that the check is drawn because I'm a non customer.

It doesn't seem right that Im penalized for not having an account with them in order to receive the money I worked for. What about this Calif labor code

California Labor Code section 212 requires employers to arrange for employees to cash paychecks without incurring a fee

Neil Pedersen answered on May 24, 2019

I am sorry but fair or not, there is nothing unlawful about the bank charging a fee to a non-customer for check cashing privileges. You can avoid that charge by using your own bank for your banking. Of course, even your own bank will charge you for certain services. Bank fees are just a fact of... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on

Q: Hello, is it against the law for a manager to ask and have a discussion about my medications with my coworkers?

I was out from work for 2 days because of my panic attacks. Today is the third day and my coworker just told me that my manager was asking him about my medications and in front of my coworker while I am not there. I am so embarrassed and upset that my manager is asking my coworker about my... Read more »

Kirk Angel answered on May 23, 2019

In this scenario, most like this is not unlawful. Employers with 15 or more employees are required to keep employee medical information once they receive such information from the employee or a third party on the employee's behalf (a doctor for example). However, asking about your medications is... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for California on

Q: False sexual harrasment accusation

Someone grabbed a students ( 8 yrs) sweater put it against their chest, with a disgusted look and rudely said excuse me with no consent

Bruce Alexander Minnick answered on May 23, 2019

These facts do not constitute actionable sexual harassment. Tell her to stop, and document it. If she persists, talk to a lawyer.

Q: I have separated from my fiance. He is now harassing me and my friends. Can I get a restraining order?

He also is unwilling to give me the money owed me according to our business contract and he also is not allowing me access to get the rest of my things from his home. What should I do?

Bruce Alexander Minnick answered on May 23, 2019

If the facts are as bad as you say, you can get a restraining order--and an order allowing you to get your things. But if you do owe him any money, you might see a lawsuit soon.

1 Answer | Asked in Immigration Law, Civil Rights, Employment Discrimination and Federal Crimes for California on

Q: My husband is a permanent resident, can immigration deny him reentry because he has a legal cannabis job?

when he flies out to his country in Israel and reenters the usa, will immigration deny him entry due to his profesion? Can they see on record that hes registered with the sheriffs dept. As a legal worker?

Hector E. Quiroga answered on May 22, 2019

No. This could impact him if he files for US citizenship, for which he has to show five years of good moral character. A recent policy change requires a determination of lack of good moral character for people working in even the legal cannabis business.

1 Answer | Asked in Employment Law and Employment Discrimination for Maryland on

Q: Im a federal supervisor. I manage a staff of 8. One of my employees is harassing me with frivolous emails and demanding

Over the last 2 years I have given this employee a letter of reprimand, a PIP, and a proposal for a seven day suspension. My upper level supervisor failed to sign off on the suspension. My upper level supervisor has promised over the last year that this employee would be moved. After a few month of... Read more »

Andrellos Mitchell answered on May 20, 2019

Just based on what you have presented I can't advise you. It requires meeting to discuss the case, review of paperwork, and research. However, it sounds like you may be open to getting in trouble with upper level management and should hire counsel to protect your rights.

1 Answer | Asked in Employment Discrimination and Employment Law for Indiana on

Q: How do I request that my former employer provide the emails I need for evidence from the account controlled by company?

I was terminated without expecting it and they shut down access to the email account immediately, In addition, the CEO did 'talks' online on YOUTUBE and the content is relevant to my claim of discrimination, the company has closed these and I cannot access the content, can I ask the company to... Read more »

Amber K. Boyd answered on May 19, 2019

More than likely the only way to recover documents in this circumstance is to file a lawsuit and request the documents and videos through issuing Request for Production of Documents to the Defendant (company).

1 Answer | Asked in Employment Discrimination and Employment Law for California on

Q: Can an employer fire you after you worked for them because of something on your record?

I worked with a company for a few months and they then let me go because of information on my background check the didn’t like or said they couldn’t allow people with this on there background to work for there company. The information stated I was supposed to be in a drug program but I never... Read more »

Neil Pedersen answered on May 19, 2019

An employer is allowed to take an adverse action against an employee who has outstanding pending charges, i.e., the matter has not yet completely resolved in the courts. An employer is not allowed to consider any charges that were dismissed pursuant to a particular Penal Code section or any arrest... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for California on

Q: The company I worked for fired me recently due to attendance issues, though the only reason I had the attendance issues

was because my short term disability was denied. I have a workers comp lawyer now and he is getting things moving so I can be treated but I've already lost my job.

I would like to add that I did originally go to my own doctor about my first injury and he would not see me since I had filed a... Read more »

Neil Pedersen answered on May 16, 2019

Far more would need to be known about your medical condition, what your employer was informed about your restrictions placed on your ability to perform your regular job, and many other issues. However, there is enough in your post to suggest that it would be prudent for you to locate and consult... Read more »

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