Get free answers to your Employment Discrimination legal questions from lawyers in your area.
I wanted to ask if I can still file on the retaliation cuz I was treated wrong snd I hurt myself as well but I got settlement for my injury so can I file for the retaliation still!
answered on Nov 9, 2024
The answer to your question will require an attorney to look at the settlement agreement in the workers compensation matter. If the scope of the workers compensation settlement was written too broadly, you might have signed away your rights to sue for unlawful retaliation. You need to locate and... View More 
I just want to know if I’m suppose to file separately?
answered on Nov 9, 2024
You most likely have two distinct and separate cases, the first being the worker's compensation claim, and the second which is a civil rights claim that has to be filed within strict deadlines, called the statute of limitations, or you could end up waiving and giving up your civil rights... View More
I just want to know if I’m suppose to file separately?
answered on Nov 9, 2024
You say you filed a claim for retaliatory termination. However you do not indicate how or where you did such a filing. It is critically important that you immediately locate and consult with an employment law attorney with whom you can share much more detail. Depending on where you filed your... View More
So I filed a wage claim about a year ago now after I left my job after 2 years which I did get a settlement for it. My former employer works with 2 different temp agencies, fast forward to this year I wanted to try and go back to work for that company. I went through the other neighboring temp... View More
answered on Oct 29, 2024
If you could prove that you have not been rehired because you made a wage claim, there may be a viable unlawful failure to hire case. However, more needs to be known. For instance when you settled the prior case if it was some time ago it was common for companies to include a no re-hire provision... View More
I work for a non-profit organization and my Executive Director suffers with her mental health in ways that have created an extremely unhealthy work environment. The negative work culture has become so toxic that my coworker started to talk with me about how bad things are. This made my Executive... View More
answered on Oct 24, 2024
This is not an OSHA issue. Your best first move is to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California... View More
An employee was disciplined and and asked if another employee received the same treatment. Is the employer required to disclose that?
answered on Oct 19, 2024
Employee discipline is considered private confidential information. Thus, it is difficult to obtain unless either: (i) the employee voluntarily discloses the information; or (ii) you file a lawsuit and obtain it through formal discovery. Note: Sometimes the information is improperly disclosed and... View More
My missed out on a promotion because while I was doing double the work and faster, the guy that sucked up to the boss while I made up for his slack got it. So I informed my new lead I'm not doing all that anymore. He would put me in a spot where I'd do two jobs while everyone else did one... View More
answered on Oct 9, 2024
When looking at adverse employment actions, like being passed over for a promotion, just remember, it is illegal for employers to make employment decisions based on "race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health... View More
I mean it’s not my fault that my family told me to stay in school and now I want to make extra money but no job would hire me what can I do about this is this discrimination is this ageism prejudice etc going on what can I do about this who do I reach out to because this is not supposed to happen... View More
answered on Oct 4, 2024
There is no meritorious legal claim for age discrimination for those under the age of 40. Sorry. It is perfectly legal for an employer to refuse to hire you if you have no skills or experience, and even if they admit that they are hiring you because of your age, you do not have a legal claim.... View More
Took a LOA in July inquired about getting service dog at work. Told I am not classified at the postition that I've been doing for 6 years I would have to be evaluated at the position I am status as. Because of work restrictions I am unable to do the job I am status as. Corperate office is... View More
answered on Sep 27, 2024
More would need to be understood about your situation before someone could tell you with some level of certainty that you have a case with merit and value. However the facts you have posted about suggest unlawful conduct by the employer. Therefore it would be wise for you to locate and consult... View More
Since march 2024: I’ve been in a position in my workplace where behavior towards me is increasingly making me feel uncomfortable.
Behavior includes:
Gossiping: while I’ve never heard the gossip firsthand from those who spoke of me, I have a workplace colleague who has... View More
answered on Sep 26, 2024
There is a big difference between behavior that should not occur and behavior that is unlawful. Note that the other answer you have received does not say the behavior you have reported is unlawful. It likely is not violative of any law.
Bullying, gossiping, cold shouldering and other rude... View More
Went to work with knee bursitis and employer knew it. Allowed me to work all day and texted me after hours that I should satay home the next day as it was not wise to have me in the field or office. Was told he’d need to make a few phone calls as to how to proceed. Was not contacted until the... View More
answered on Sep 23, 2024
You need to go to the doctor and get a doctor's note indicating any restrictions you have on your ability to do your job and any suggested modifications to your job needed to allow you to perform the essential functions of the job. Then turn in that note. That will place a legal obligation... View More
Talked back to boss. He walked off job site and I was out of work days later. And he never spoke to me again, even though I’m still employed there
answered on Sep 19, 2024
I have news for you, your employment was terminated. If you are not working there, you are not employed there. You should file for Unemployment Insurance. Your post comes from NV but you are asking in CA. In CA you are presumed to be an "at will" employee, subject to termination at any... View More
I just got fired, my boss found out I was going to submit a complaint about her child care and poor sanitary conditions. First she started cutting my hours and then proceeded to fire me without notice. I’m not sure if I’m able to do anything legally but most importantly I care about the kids... View More
answered on Oct 10, 2024
One of California's primary employment whistleblower statutes, Labor Code 1102.5, actually protects employees from retaliation even if they have not yet complained but the employer believes the employee "may disclose" information about a violation of law. You should consult an... View More
Do I have a case here so I ask hr would match my recall to work from my old job she tells me that she has told management but that they are choosing to not respond to my request and then I tell her okay that I’m not sure what to do but that I thank her for asking two weeks past by and then she... View More
answered on Sep 19, 2024
Attorney Fazzi has the better analysis. This doesn't seem to be an HR matter, it appears to be discrimination against your physical disability by failing to accommodate. There are a large number of problems for the ER with what you have described, such as they failed to have an interactive... View More
Do I have a case here so I ask hr would match my recall to work from my old job she tells me that she has told management but that they are choosing to not respond to my request and then I tell her okay that I’m not sure what to do but that I thank her for asking two weeks past by and then she... View More
answered on Sep 12, 2024
You may have a claim under the California Civil Rights Act for failure to accommodate your medical condition, and/or retaliation for asking for help. You can file a claim with the Department by going to this link: https://calcivilrights.ca.gov/, which you can cut and paste into your browser. You... View More
First of all, I did not receive proper training at this place. The manager was off to a vacation for 2 weeks and the owner maybe had 5 minutes training with me. So, I just asked my fellow employees to teach me. Second, for some reason the owner started to show different attitudes toward me. She... View More
answered on Sep 9, 2024
First, your employer has no legal duty to train you unless the training has to do with dangerous conditions in the workplace as required by OSHA. If the issue is how to do your job, your employer can simply leave you untrained, and then discipline or terminate you for any reason or even no reason... View More
My sibling and I work at the same company. Whenever my supervisor can't get in touch with them, they reach out to me to speak to my sibling. They even go as far as talking about my sibling's disciplinary actions with me. My sibling and I work in different departments and are essentially... View More
answered on Sep 9, 2024
There is no law that prohibits your supervisor from speaking to your sibling about things other than inherently private information, like heath issues. Discipline is not inherently private and can be discussed amount management and employees. Please beware, the other answer provided was... View More
I have PTSD disability that can cause me to have brain fog now and then so at times during work meetings regarding my professional development and my work ethic, I turn on Transcriptions so that I can better follow along with their words which will help me also better understand and retain the... View More
answered on Sep 4, 2024
To protect yourself, get a doctor note that discusses your restrictions and the accommodation of using transcription to address that restriction. Give that note to your employer. That note will trigger a legal obligation to work with you to find a way to make it possible for you to do the... View More
After i filled the lawsuit the retaliation begin to happen from my boss then i reported it to HR and a few weeks later i was fired. The lawsuit was closed and the verdict was that i was permanently disabled i had requested to be on leave and was denied . What can i do
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answered on Sep 1, 2024
Your best option is to contact your nearest County Bar Association and ask for a referral to a competent employment law plaintiffs' attorney. Your situation will require that an attorney meet with you to gather and analyze all of the relevant facts and documentary evidence available before... View More
My employer has stated that they will still test for non psychoactive chemicals found in marijuana through a urinalysis if they decide there is just cause. EX: “Employee has red eyes” or “There was an accident in the work place.” I can’t find any literature in the bill that states these... View More
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answered on Jun 27, 2024
To answer this question accurately, we need to examine AB 2188 and its implications for workplace drug testing in California. Here's an analysis of the situation:
1. AB 2188 Overview:
AB 2188, which went into effect on January 1, 2024, amends the California Fair Employment and... View More
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