Ask a Question

Get free answers to your Employment Discrimination legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: How do I prove discrimination in the hiring process?

How do I prove discrimination in the hiring process?

V Jonas Urba
V Jonas Urba pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2024

No employment discrimination case is easy to prove. Failure to hire cases are especially difficult.

You must show some type of discriminatory animus or motive not to hire you. And you must be at least minimally qualified to meet the essential job duties for the position.

We begin...
View More

1 Answer | Asked in Contracts, Employment Discrimination and Employment Law for California on
Q: My employer. Foster care agency has required I pay for pre-employment background checks and medical medical exams. Help

Both the office manager and director have informed me it is my responsibility to pay pre employment cost without a contract. They are doing state accommodation and under staffed. I am concerned they will us my credentials as part of accreditation without hiring me. Do I have a case under labor... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 8, 2024

Under California labor law, specifically Labor Code Section 222.5, it's generally the employer's responsibility to pay for pre-employment expenses, such as background checks and medical exams. If your employer, a foster care agency, is requiring you to bear these costs, they may be in... View More

Q: can i take legal action for being forced to listen to offensive rap music at work

i was working as a contract employee in a hospital with a staff that was predominantly black and the music on the radio was always rap hip hop and gospel. i am caucasian and i am not a fan of this type of entertainment and i was never asked if i would like to listen to my music. i once took out my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 7, 2024

In the context of being forced to listen to certain types of music at work, legal action can be a complex matter. Generally, employers have broad discretion in setting workplace policies, including those related to music played in common areas. However, if the music contains explicitly offensive or... View More

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I recently filled a lawsuit for the company i work for and after this i believe they are retaliation Against me

Also i was on fmla and they would still make me work on the days i was off is this against the law.

I have gotten sick after experience so much stress at work after i filled the lawsuit they are putting more presure on me ..what can i do

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 7, 2024

Under California law, retaliation against an employee for filing a lawsuit is prohibited. If you believe your employer is retaliating against you, it's important to document the behavior and seek legal advice. Retaliation can take many forms, including increased workload, demotion, or hostile... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: What kind of Lawyer do you need to help you with Harassment at work in a school?

Daughter has been at the school working for over a year, after they found out she has epilepsy they have done everything to get rid of her. She is good at her job, and the kids love her so they are having a hard time but keep trying. They made her sign something today and she is very upset.

Jeremy Donham
PREMIUM
Jeremy Donham pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2024

So sorry to hear of this. You will want an employment discrimination attorney. If your in PA, feel free to reach out to our firm for more information. If not in PA, then you can check with the local bar association and ask for an employment discrimination attorney, or google "employment law... View More

2 Answers | Asked in Business Law, Employment Discrimination and Employment Law for New York on
Q: Can my contacted company release me from my contract?

I live in Buffalo, NY. I work for a staffing agency(based out of Ohio) and have to miss some days due to meeting with my portion officer. Can they legally terminate the contract with my staffing agency due to me missing those days I had to meet with my P.O. and some other late days?

V Jonas Urba
V Jonas Urba pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2024

You should definitely reach out to your probation officer because that individual has every intention of keeping you employed or at least should have such an intention.

You might Google: "adult probation services" and "New York". Use the quotation marks which might...
View More

View More Answers

2 Answers | Asked in Business Law, Employment Discrimination and Employment Law for New York on
Q: Can my contacted company release me from my contract?

I live in Buffalo, NY. I work for a staffing agency(based out of Ohio) and have to miss some days due to meeting with my portion officer. Can they legally terminate the contract with my staffing agency due to me missing those days I had to meet with my P.O. and some other late days?

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024

It depends on the terms and conditions outlined in your employment contract and relevant employment laws. Generally, employers have the right to terminate employment contracts for reasons such as excessive absenteeism, but it's essential to review the specific terms of your contract and any... View More

View More Answers

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: wrongful termination

I was working for a company named DB Schenker. Their client is Google. As part of the onboarding process, Google sends you email with tasks that need to be completed. I did not receive certain emails needed to get provisional access on site and throughout the buildings. Their reasoning for... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024

Wrongful termination cases can be complex, and the outcome often depends on the specific facts and circumstances surrounding the termination. In your situation, it appears that the termination was based on your alleged failure to complete compliance tasks due to not receiving necessary emails. If... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: can i get fired for takin my 30 minute unpaid break?

i let my supervisor know a week in advance that i would have to leave work due to a personal reason and she okayed it. fast forward a week i i got the phone call at work for the reason of me leaving and i told my boss that i had to leave and she okayed it again. So i clocked out and started my 30... View More

V Jonas Urba
V Jonas Urba pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 2, 2024

A personal reason may or may not be protected. For example, if the personal reason was to take your child to a doctor's appointment that is almost always protected. This is just one example.

If the personal reason was unprotected then your employer's policies and procedures might...
View More

1 Answer | Asked in Employment Discrimination and Employment Law for Alaska on
Q: Located in Alaska-I work at a union Safeway location. I am 8 months pregnant. I have accommodations in place for a stool

I have had reduced hours for the last several months. My store is currently stating that I cannot work at self checkout due to my stool as it is a "tripping hazard". Are they legally allowed to claim this and use the stool accommodation as a reason for not being scheduled for this... View More

Sara L Bloom
Sara L Bloom
answered on Jan 2, 2024

I would speak to your union if your company is violating the CBA by violating seniority rights. You may also want to contact the Anchorage Equal Rights Commission and/or the Alaska State Commission for Human Rights or EEOC and file a claim for discrimination based on pregnancy or sex. You can... View More

1 Answer | Asked in Employment Discrimination for Utah on
Q: Is it legal for my boss to discriminate against me because he is having problems with his landlord whi is my father?

My boss for the past several months has started singling me out and telling people not to tell me certain things. When I ask him about this his response and in writing was. "You are Randy's daughter." Randy is his landlord and there having disagreements. So since hes is having... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 29, 2023

Discrimination in the workplace violates various employment laws. In your situation, where your boss is singling you out, excluding you from meetings and events, and paying you significantly less than others in similar positions, you may have grounds for filing a discrimination complaint. It's... View More

3 Answers | Asked in Employment Law, Employment Discrimination and Sexual Harassment for Ohio on
Q: Can I file a suit against a company after I receive the Right to Sue? Only have 90 days. Can I file it myself or?????

I have the right to sue. Do I NEED lawyer to file suit to make it before 90 days or can I do it myself?

Rachel A. Sabo
Rachel A. Sabo
answered on Jan 18, 2024

Yes, the Right to Sue means you have 90 days from the date of the Right to Sue to file your lawsuit. It can be filed by you (called filing pro se, without a lawyer) or you can search for attorneys to file it for you. I would not rely on finding an attorney - you should be mindful of the filing... View More

View More Answers

3 Answers | Asked in Employment Law, Employment Discrimination and Sexual Harassment for Ohio on
Q: Can I file a suit against a company after I receive the Right to Sue? Only have 90 days. Can I file it myself or?????

I have the right to sue. Do I NEED lawyer to file suit to make it before 90 days or can I do it myself?

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 27, 2023

If you have received the Right to Sue from the Equal Employment Opportunity Commission (EEOC) in Ohio, indicating that you have the authorization to file a lawsuit, you have the option to proceed without an attorney. However, given the complexities of employment law cases, it is highly recommended... View More

View More Answers

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Tennessee on
Q: I got coerced to leave a job after I had an inpatient hospitalization. Do I have grounds to sue for discrimination.

I was not permitted to come back to my original position. I was given three options: move to a much-lower paying position and take a $5 pay cut, get ADA accommodations, or leave and get a severance.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 27, 2023

In Tennessee, if you feel that you were coerced to leave your job following an inpatient hospitalization, there may be grounds to consider a discrimination lawsuit. Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to employees with... View More

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Can i collect partial unemployment benefits from my job if my hours got cut but im still working there?

I work at mcdonalds in california.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 26, 2023

In California, you may be eligible for partial unemployment benefits if your working hours have been reduced. These benefits are designed to help employees who haven't lost their job entirely but are earning less due to reduced hours.

To apply, you should file a claim with the...
View More

View More Answers

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Can i collect partial unemployment benefits from my job if my hours got cut but im still working there?

I work at mcdonalds in california.

Brad S Kane
Brad S Kane
answered on Dec 26, 2023

According to the Economic Development Department,

Partial Claims

Partial claims are for workers whose employers want to keep them employed when there is a lack of work.

The employer certifies that the employee is expected to return to work and gives them a form. The employee...
View More

View More Answers

1 Answer | Asked in Employment Discrimination, Employment Law, Sexual Harassment and Tax Law for New York on
Q: SEVERE HARASSMENT of WHISTLE-BLOWER, ILLEGAL FALSIFICATION OF MY WORK HISTORY AND TAXES PAID ,payback 2 SSI REMOVED!

NY office of TEMP & DISABILITY ( Mike P.,), received letters from MASS instructing to deny me benefits , harassment etc they e denied my SSI SUPPLEMENTAL THEN NEXT DAY SAID I AM DISABLED? NO FOOD STAMPS SLEEPING IN MY CAR FOR OVER A YEAR & HALF! SSA ALBANY REPEATEDLY ASKING ME WHO MY FATHER... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2023

It sounds like you are facing a deeply distressing and complex situation. Firstly, it's important to address any immediate safety or health concerns. If you are in danger or need urgent help, consider reaching out to local support services or hotlines that can provide immediate assistance.... View More

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I noticed an error on my recent paystub where my OT hours were paid to me as Regular rate. Reported that to my employer

I noticed an error on my recent paystub where my OT hours were paid to me at my Regular pay rate. Reported that to my employer immediately and I was told he would send me a check for the amount that was missing. Its been a week and I haven't received any checks and no additional update from... View More

Neil Pedersen
Neil Pedersen
answered on Dec 26, 2023

Mistakes happen and California law allows employers to make unintentional pay mistakes without consequences. As long as the employer fixes the mistake before or on the next pay period. there is likely no legal case.

If you can determine that this action was not a mistake, then penalties...
View More

View More Answers

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I noticed an error on my recent paystub where my OT hours were paid to me as Regular rate. Reported that to my employer

I noticed an error on my recent paystub where my OT hours were paid to me at my Regular pay rate. Reported that to my employer immediately and I was told he would send me a check for the amount that was missing. Its been a week and I haven't received any checks and no additional update from... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 24, 2023

If you've already notified your employer about the paystub error and haven't received the owed amount, the next step is to follow up with them. It's advisable to send a written reminder, such as an email or letter, clearly stating the issue and the expectation for the correction.... View More

View More Answers

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: My employer has held a part of pay check since November. Now it almost the end of December. It that even legal to do so?

A part of my November paycheck was held by my employer which they said they will be back paying me on first week of December. Now it is almost end of December and I haven't received my payment despite multiple emails and text messages.

Brad S Kane
Brad S Kane
answered on Dec 24, 2023

It is not legal for an employer to "hold" part of your paycheck.

Worse, it may indicate that your employer has financial problems and you start looking for another job.

If your employment ends and your employer does not pay all compensation earned timely, then you entitled...
View More

View More Answers

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.