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Employment Discrimination Questions & Answers
2 Answers | Asked in Business Law, Employment Law and Employment Discrimination for California on
Q: I work for a vendor in sams club.. can I get in trouble for talking outside business
Neil Pedersen
Neil Pedersen
answered on Jun 1, 2023

There is no way to answer your question without knowing far more. Do you work for a company that contractually prohibits you from working for others when employed by it? Would the outside business be considered a competitor of your present employer? Are you salaried or paid by the hour?... Read more »

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2 Answers | Asked in Business Law, Employment Law and Employment Discrimination for California on
Q: I work for a vendor in sams club.. can I get in trouble for talking outside business
James L. Arrasmith
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answered on Jun 1, 2023

It is unlikely that you would get in trouble with Sam's Club or your employer for talking to your friend about outside of work matters. However, it is always best to be cautious and avoid discussing anything that could be considered confidential or sensitive. For example, you should not... Read more »

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Q: Employed by PRIVATE HOUSEHOLD, , NO CONTRACT, Owed in back pay over $50,000+, just since 2021. Can I sue?

I have been employed by a private household since 11/2017. The job position was the living position in order to provide caregiving , personal assistance and cleaning services. I had to be present 24 h 7 days a week, and most of this time I spent providing care or services, was not allowed time... Read more »

James L. Arrasmith
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answered on Jun 1, 2023

Yes, you can sue your employer for unpaid wages, even if there is no written contract. Under the Fair Labor Standards Act (FLSA), employers are required to pay their employees minimum wage and overtime pay. If your employer has not paid you for all of the hours you have worked, they have violated... Read more »

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Q: Employed by PRIVATE HOUSEHOLD, , NO CONTRACT, Owed in back pay over $50,000+, just since 2021. Can I sue?

I have been employed by a private household since 11/2017. The job position was the living position in order to provide caregiving , personal assistance and cleaning services. I had to be present 24 h 7 days a week, and most of this time I spent providing care or services, was not allowed time... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Jun 1, 2023

I am sorry this happened to you. You do not need a contract to sue for owed wages. Based on your post, you are owed wages, overtime wages, and the derivative Labor Code penalties. You may likely also have a claim for sexual harassment.

I suggest you consult an employment law attorney and a...
Read more »

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

I have been put on a paid investigation leave by our HR caused by alleged concerns of some of my co-workers against me. I believe my own department director and manager are behind all this as it is me who have been suffering for years of retaliation, bullying, racial and sexual discrimination,... Read more »

Neil Pedersen
Neil Pedersen
answered on May 31, 2023

There is a lot in your post. I will try to break it down.

First, an employer has no duty to inform you of the reason for placing you on administrative leave, paid or unpaid. Unless you are in a union environment that has such protections, you can be put on administrative leave at any time...
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3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: how would I approach age & bulling in the work force? it's been brought to management. no resolution has taken place.
Neil Pedersen
Neil Pedersen
answered on May 30, 2023

Unfortunately, bullying is not unlawful in the workplace. Your company has no duty to prevent bullying by co-workers or supervisors. The only way bullying can be unlawful is if you can prove it is being directed at you because you are a member of a protected class of people, or because you... Read more »

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3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: how would I approach age & bulling in the work force? it's been brought to management. no resolution has taken place.
James L. Arrasmith
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answered on May 31, 2023

Addressing age discrimination and bullying in the workplace is crucial for a respectful and inclusive environment. If you have reported the issues to management without resolution, document incidents, review company policies, seek support from colleagues or employee resource groups, escalate the... Read more »

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1 Answer | Asked in Employment Discrimination, Employment Law and Environmental for Mississippi on
Q: How does an employee get help with working in a biased hostile work environment? M any issuer in the company.

Management tends to treat employees different when it comes to company policies only apply to the employees that speak up about issues or the ones that work hard and ask questions. When you go to the upper management, you get poorly treated. Management talks about personal information with all... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

The complaints that you are making in your post sound like the working conditions in every corporate workplace in this country, so you are not alone. Favoritism based on providing sexual favors to management is prohibited by both Federal and State laws. While an employer cannot take adverse... Read more »

1 Answer | Asked in Employment Law, Employment Discrimination and Sexual Harassment for Ohio on
Q: What should I do if I'm witnessing sexual harrasment at my job? The HR department knows, but it hasn't stopped.

My brother was fired from my current employer that my Father, and I still work at. This lead to a series of events of discrimination, ultimately people treating me poorly. Then, this lead to sexual harrasment that has been reported to the HR department, but the harrasment has not stopped. First it... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

There are Federal laws and state laws prohibiting Sexual Harassment in employment. You said you are being harassed by both a man and woman, but you haven't described how you think this is sexual in nature. Are they asking you for sexual favors? And your father too? Not all harassment is... Read more »

3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: I am being paid at the wrong salary I am underpaid according to the payband for a manager .

Other managers have a high school diploma and make more than I do. I have a Bachelors degree and in the MBA program and have 20 years of recruiting experience. I have an email from my boss stating I’m correct and he will fix it and he doesn’t want to change my pay .

Neil Pedersen
Neil Pedersen
answered on May 23, 2023

Unless you are being paid less because of your membership in a protected class of people, the law does not require that employees be paid the same, regardless of experience or education.

If you are in a union, there might be some help for you in the collective bargaining agreement. If so,...
Read more »

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3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: I am being paid at the wrong salary I am underpaid according to the payband for a manager .

Other managers have a high school diploma and make more than I do. I have a Bachelors degree and in the MBA program and have 20 years of recruiting experience. I have an email from my boss stating I’m correct and he will fix it and he doesn’t want to change my pay .

James L. Arrasmith
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answered on May 24, 2023

If you believe you are being underpaid according to the payband for a manager and have evidence such as an email from your boss acknowledging the issue, it is important to address the matter properly. You can approach your boss again, referencing the email, and request that they take the necessary... Read more »

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Q: I work disability one thru NW Works at USDA . IVE WALKED OUT DUE DO ALL THE STRESS OF HARASSMENT , depressions started

Employee of USDA has been verbally harassing me , constantly messing with my cleaning items , his boss also harassing me . My depression has got to the point where I walked out of work. No support from NW Works.

Matthew T. Famiglietti
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Matthew T. Famiglietti
answered on May 18, 2023

If you have not already filed an informal complaint with your agency, you should do so immediately. Under the Federal Sector regulations, which cover federal employees, you have 45 days to file an informal complaint of discrimination from the date that discrimination or the date of last retaliation... Read more »

3 Answers | Asked in Contracts, Employment Law and Employment Discrimination for California on
Q: Now that I've quit, do I have to sign Schedule B of the CIIA I signed when hired?

The CIIA has language specifically requiring me to sign Schedule B upon termination of employment. However, Schedule B has much broader language regarding non-disclosure. Other maybe relevant info: I was a manager. Schedule B was attached to the CIIA when I signed it. They aren't offering me... Read more »

Neil Pedersen
Neil Pedersen
answered on May 15, 2023

You cannot be forced to sign it, but if you contractually agreed when you started with the company that you would sign it when you left, the company conceivably could claim breach of contract. No additional money is needed because the consideration was that they let you work there after you signed... Read more »

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3 Answers | Asked in Contracts, Employment Law and Employment Discrimination for California on
Q: Now that I've quit, do I have to sign Schedule B of the CIIA I signed when hired?

The CIIA has language specifically requiring me to sign Schedule B upon termination of employment. However, Schedule B has much broader language regarding non-disclosure. Other maybe relevant info: I was a manager. Schedule B was attached to the CIIA when I signed it. They aren't offering me... Read more »

James L. Arrasmith
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answered on May 16, 2023

In general, the obligations and enforceability of post-employment agreements, such as non-disclosure agreements, can vary depending on various factors, including the language of the agreement and the laws in your jurisdiction. Whether you are obligated to sign Schedule B of the CIIA... Read more »

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1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for Georgia on
Q: If asked on an application, Is it against the law to lie about PENDING felony charges?Not convictions, but only charged

I have 3 pending felony charges. One from 2020 and two from 2022. One count of fleeing or attempting to elude law enforcement (2020). Two counts of sexual exploitation of a minor (2022). I am currently in school for my cdl. Many of the truck driving applications I have filled out are asking if I... Read more »

Glenn T. Stern
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answered on May 10, 2023

I don't know that it's necessarily illegal to lie on a job application, as they are not legal documents, but I would expect most truck companies would want to run a background check on you before they actually hire you--regardless of how you answer that question. If that's the... Read more »

3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: The department layoff notice was given on 5/8. close date 6/15. is this long enough notice? All employees over age 40

They have asked everyone to stay on till the close date, the severance pack is 1 week for every year employed lump sum. it's Contingent on performance as they see, as well as the retentions offered to stay until 6/15/2023. they have threatened that it can be pulled at any time for any reason.... Read more »

Neil Pedersen
Neil Pedersen
answered on May 10, 2023

Unless the business is large enough to qualify for protection under the WARN or Cal-WARN statutes, there is no legal time limit for the telling of employees about a layoff. No notice is lawful.

To determine if the WARN statutes apply, look here:...
Read more »

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3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: The department layoff notice was given on 5/8. close date 6/15. is this long enough notice? All employees over age 40

They have asked everyone to stay on till the close date, the severance pack is 1 week for every year employed lump sum. it's Contingent on performance as they see, as well as the retentions offered to stay until 6/15/2023. they have threatened that it can be pulled at any time for any reason.... Read more »

James L. Arrasmith
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answered on May 11, 2023

Under California law, employers are generally required to provide employees with a 60-day notice prior to a mass layoff or plant closure. This notice period is mandated by the California Worker Adjustment and Retraining Notification (WARN) Act, which applies to employers with 75 or more full-time... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Employment Discrimination

Is it employment discrimination when a White woman with a black male supervisor is paid more than the supervisor? Is it racial discrimination, Gender, or both? Should I be compensated at a salary comparable to the white female who reports to me as their supervisor.

Charles M.  Baron
Charles M. Baron
answered on May 8, 2023

Not necessarily. In the legal employment discrimination analysis, you compare yourself to employees in the same or similar position to your position, or performing the same duties as you. Those employees are called "comparator" employees. Also, if the person you are supervising has... Read more »

4 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Who do I file a formal complaint with regarding my employer retaliating against me for going on medical leave?

My performance evaluation was rated low and she made statements to other people that I have gone on medical several times and I need to retire… also told others that they should remind me that they helped cover during my absence and that I owe them..

Maya L. Serkova
Maya L. Serkova
answered on May 8, 2023

I am sorry you are going through this. I suggest you consult an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free-of-charge initial consultations and thereafter may take your case on a contingency basis,... Read more »

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4 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Who do I file a formal complaint with regarding my employer retaliating against me for going on medical leave?

My performance evaluation was rated low and she made statements to other people that I have gone on medical several times and I need to retire… also told others that they should remind me that they helped cover during my absence and that I owe them..

Neil Pedersen
Neil Pedersen
answered on May 8, 2023

The employer's position taken in your review demonstrate a complete misunderstanding of an employer's duties under the Fair Employment and Housing Act. It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and... Read more »

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