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Employment Discrimination Questions & 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.

James L. Arrasmith
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answered on Dec 24, 2023

It's important to understand that in California, employers are generally required to pay their employees on time, as specified in the employment agreement or company policy. Withholding a portion of your paycheck since November without a valid reason may violate state labor laws.

You...
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1 Answer | Asked in Employment Law and Employment Discrimination for Alabama on
Q: I am disabled. My boss gives me tasks that he knows I can't do, then harasses me when I fail to do them.
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answered on Dec 20, 2023

If you are facing workplace challenges due to a disability in Alabama, where your boss assigns tasks that are known to be difficult for you and then harasses you when you cannot complete them, it may constitute employment discrimination based on disability. Federal laws such as the Americans with... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Louisiana on
Q: Does an employer have the right to go through my personal computer(used for work) & open personal accounts and messages?

Company provided a laptop for work but laptop is extremely old and slow making it impossible to work efficiently. Asked if I could use my personal laptop and was approved. Left for the day and software on my personal computer notified me of someone on my computer. Boss pretended to look for... View More

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answered on Dec 19, 2023

In Louisiana, employers typically have the right to monitor company-provided devices for work purposes, but the situation becomes more complex when it involves a personal computer used for work. If you were approved to use your laptop for work, your employer's right to access personal accounts... View More

1 Answer | Asked in Civil Rights, Employment Discrimination, Landlord - Tenant and Libel & Slander for New York on
Q: Hello, In Holt v Baird Baird died in 2021. Isn't this online reference used to slander and discrimination in future jobs

Why are cases allowed to be published when #1 Defendant is dead. #2 Cases are dismissed? Employers use online information to determine hiring statuses. This is not fair, if someone wants to know my legal dealings, go to the courthouse and file FOIL. Am I correct?

Tim Akpinar
Tim Akpinar
answered on Dec 18, 2023

You're correct. It can be unfair and harmful in job searches. Unfortunately, court orders, decisions, and other documents often become public information, appearing either in the Unified Court System online database or on commercial search databases such as Westlaw, LexisNexis, or Pacer. You... View More

3 Answers | Asked in Small Claims, Employment Law and Employment Discrimination for California on
Q: Is there any legal action I can take against my job that has not given me any hours but has not fired me?

I worked at a job for a little over a month but after an altercation with a coworker, my hours were reduced to none without any explanation. The altercation was nothing more than a loud argument that resulted in the coworker and I being face-to-face with one another. Without an explanation, my... View More

James L. Arrasmith
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answered on Dec 17, 2023

Under California law, the situation you're describing may be considered "constructive dismissal," a form of wrongful termination. This happens when an employer makes working conditions so intolerable (including reducing hours to zero without cause) that an employee is forced to... View More

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3 Answers | Asked in Small Claims, Employment Law and Employment Discrimination for California on
Q: Is there any legal action I can take against my job that has not given me any hours but has not fired me?

I worked at a job for a little over a month but after an altercation with a coworker, my hours were reduced to none without any explanation. The altercation was nothing more than a loud argument that resulted in the coworker and I being face-to-face with one another. Without an explanation, my... View More

Neil Pedersen
Neil Pedersen
answered on Dec 17, 2023

You are considered to be an at will employee unless you had an agreement with your employer to the contrary. The employer of an at will employee can discipline or terminate the employee at any time and for any reason or even no reason at all. Having an altercation with a co-worker, regardless of... View More

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3 Answers | Asked in Small Claims, Employment Law and Employment Discrimination for California on
Q: Is there any legal action I can take against my job that has not given me any hours but has not fired me?

I worked at a job for a little over a month but after an altercation with a coworker, my hours were reduced to none without any explanation. The altercation was nothing more than a loud argument that resulted in the coworker and I being face-to-face with one another. Without an explanation, my... View More

Louis George Fazzi
Louis George Fazzi
answered on Dec 18, 2023

You can contact the California Labor Commissioner, who will investigate and take action if necessary and appropriate. You should prepare a chronology of the events, list all your witnesses and keep all your important documents, which you will copy and make available for their investigation.... View More

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1 Answer | Asked in Employment Law, Employment Discrimination and Small Claims for Maryland on
Q: My job was classified as a lower role, despite me performing the same duties as the high level role. Is this legal?

During my transition from temporary hire to permanent position was rewritten as a lower role than my counterparts due to varying education levels. The job function and responsibilities are identical but I’m paid $25k less.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 15, 2023

An employer can generally make any kind of job classification they wish, and change descriptions and set pay scales for most any reason except they cannot do this for reasons that are illegal. Setting different pay bands based on educational attainment or years in the industry is on its face... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Can an employer put things on your record if they allow you to quit instead of be terminated?
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answered on Dec 14, 2023

The nature of employment records varies, with internal records maintained by employers for performance and conduct purposes. Employers have legitimate reasons to document situations, such as performance issues or policy violations, even if an employee quits. However, unjustified negative entries on... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Nevada on
Q: Is it right to get fired for talking bout another employee to another employee d is it discrimination

I'm the only black person there and assistant manager I did nothing wrong and gt really sick and when I talked to her she left me off the schedule and said I don't communicate with her it's this discrimination and wrongful

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answered on Dec 12, 2023

In Nevada, firing based on race or protected characteristics is illegal, but employers can terminate for other reasons. To navigate this situation, know the details of your termination, assess your options, and understand your rights. If you suspect discrimination, file a complaint with the EEOC or... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: can my employer do this with my ADA?

i have an ADA and requested an accommodation at work in regard to it. the accommodation is to be moved to a certain position that would allow to me to do my job better and i submitted paperwork filled out by my mental health provider to the HR department for this. they are now saying that there are... View More

John Michael Frick
John Michael Frick
answered on Dec 8, 2023

Every ADA claim rests on its own particular facts and circumstances. So no one can definitively tell you what may happen in your particular case.

You are entitled to reasonable accommodations to be able to do your job with your disability as long as it does not impose an undue hardship on...
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1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can my employer decide what reasonable causes for sending me in for a drug test?

My employer knows that I just started new medication and I’m suffering from anxiety and other mental issues

John Michael Frick
John Michael Frick
answered on Dec 7, 2023

Yes, it is up to your employer to determine whether it has a reasonable, individualized suspicion that would suggest to a reasonable person that you are under the influence in violation of company policy. S

Such a reasonable suspicion should be based on firsthand observation by more than...
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1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Utah on
Q: Does a specific antibody deficiency disorder fall under the category for ADA disability act? I also am Rh- F5 owrens?

F5 is factor 5 Owrens disease where my blood is missing the clotting antigen. My employer put me on desk work took away my fridays claiming to accomodate my disorder. I lost 1400.00 mo due to this "accommodation".

James L. Arrasmith
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answered on Dec 6, 2023

Under the Americans with Disabilities Act (ADA), a disability is defined as a physical or mental impairment that substantially limits one or more major life activities. Specific antibody deficiency disorder and Factor V (F5) Owren's disease, given their impact on your health and potentially on... View More

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: My pay raise post maternity break is less for no apparent performance issue. Is that something you can challenge. ?

On an average the merit raise is 3-4 %. I have had a 4.25 % in earlier years. But this time post maternity break it went down to 2.8%.

James L. Arrasmith
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answered on Dec 6, 2023

Under California law, it's important to consider whether the lower pay raise you received post maternity leave might be a form of discrimination. California is strict about ensuring equal treatment for employees, particularly in cases related to maternity leave.

If you suspect that...
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1 Answer | Asked in Employment Discrimination, Employment Law and Civil Rights for Florida on
Q: Are homicidal threats and a baker act a legal reason for termination?

Hello

I was recently fired from my job after being baker acted on the job. I texted the crisis hotline explaining to them I was having homicidal thoughts about killing my coworkers. The police arrived and took me in, I went willingly. When I was released from the hospital 72 hours later I... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Florida, the situation you describe is complex and involves several legal considerations. Employers have a duty to maintain a safe workplace, and expressing homicidal thoughts about coworkers can be seen as a serious threat to workplace safety. This could potentially be a legitimate reason for... View More

3 Answers | Asked in Civil Rights, Employment Discrimination, Employment Law and Personal Injury for Texas on
Q: Like file a civil suit against my Ex-employer for freedom of speech violation, which I was fired. statue of limitation?

Subject: Seeking Legal Representation for Complex Employment and Health-Related Case

I hope this letter finds you well. I am currently facing a complex legal situation that involves various issues related to my employment and health. After thorough research, I believe your expertise in... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Texas, the statute of limitations for filing a civil lawsuit for wrongful termination, which may include claims like violation of freedom of speech, depends on the specific nature of the claim. Generally, for wrongful termination claims, the statute of limitations is typically around two years,... View More

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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Louisiana on
Q: User I have a probationary period of 6month and dismissal without notice doing this period. However, I have been told I

I will be sacked by 4pm. I then send my resignation by 4:30pm same today. But the sacked letter came at 6:50pm. Does my resignation stands, since I don’t have to give a notice period to also resign. Context with Nigeria

James L. Arrasmith
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answered on Dec 5, 2023

In your situation, where you're employed under a probationary period in Louisiana, and you submitted your resignation after being informed of your impending dismissal but before receiving the official termination letter, the timing of these actions is crucial.

Generally, if you resign...
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1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: I was wrongfully terminated by Amazon My child overdosed and I provided documents of her being admitted to the hospital.
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answered on Dec 4, 2023

In Tennessee, employers are generally not allowed to terminate employees for taking leave to care for a sick family member. The Tennessee Family and Medical Leave Act (FMLA) allows employees to take up to 12 weeks of unpaid leave per year to care for a sick family member, including a child.... View More

Q: In Massachusetts, Can you be terminated from a job, by employer,if you were arrested but trail ended in not guilty?
Roland Godfrey Ottley
Roland Godfrey Ottley
answered on Dec 3, 2023

I think that you may have a case against your employer. Possibly for terminating you before you were able to exonerate yourself against allegations of committing a crime. In addition, there are statutes in In some states, nuch like New York that would address an employer terminating an employee... View More

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Q: In Massachusetts, Can you be terminated from a job, by employer,if you were arrested but trail ended in not guilty?
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answered on Dec 3, 2023

In Massachusetts, employment is generally at-will, which means an employer can terminate an employee for any reason or no reason at all, as long as the reason is not illegal. However, being arrested and having a trial that ends in a not guilty verdict doesn't automatically protect you from... View More

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