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Employment Discrimination Questions & Answers
1 Answer | Asked in Criminal Law and Employment Discrimination for California on
Q: Is it possible to have a 422 conviction sentenced to 16month term in 2005 expunged as I work security now in CA

I'm currently employed as security with a company in Bay area but with y guard card I can be placed in full time position and I am bonded now too I don't need a carry permit I just need a guard card but it states I just expunge this 422 which is almost 20yrs old with no other violent crimes since

James L. Arrasmith
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answered on Oct 25, 2024

It's possible to seek expungement for your 2005 Penal Code 422 conviction, especially since nearly 20 years have passed without any additional violent offenses. California law allows for certain convictions to be petitioned for dismissal after a significant period, provided you have completed... View More

2 Answers | Asked in Employment Law, Civil Litigation and Employment Discrimination for California on
Q: I would like a referral to an Attorney to represent me in a Discrimination/Harassment case (already filed).

The Class Action Lawsuit is already filed in San Mateo County California.

I would like an Attorney to represent me, since I am representing myself.

The details of the case is — Discrimination based on race and age, Harassment, Wrongful termination by employer. The case is in... View More

Neil Pedersen
Neil Pedersen
answered on Oct 23, 2024

I am sorry but this is not a place to recruit attorneys to work for you. You will need to make direct contact with attorneys that practice this area of law and determine if they wish to work for you. . I would suggest you look either on this site in the Find a Lawyer section, or go to... View More

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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Arizona on
Q: Is it workplace discrimination to deny differential pay to only one department of the hospital?

I work in hospital security as an employee. Our department is in-house. We are not contracted. We are considered hospital employees. We have been trying to get our administrators to approve differential pay for about four years now. It has been denied every time. Or at the least, the consideration... View More

James L. Arrasmith
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answered on Oct 21, 2024

This situation could potentially be unfair, but it may not meet the legal definition of workplace discrimination unless the denial of differential pay is based on a protected characteristic, such as race, gender, age, or religion. If the administrators are withholding this pay from your department... View More

Q: I have been missing hours on every paycheck from day 1. I was taxed 3 times for hours I worked and wasn't paid for.

Final warning notice and 7 day suspension for things that were not true. Never received any warning to begin with. The manager doesn't like me because I kept complaining about my inaccurate pay so she is trying to get me fired for reasons that I know are inaccurate. This company is a gas... View More

James L. Arrasmith
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answered on Oct 20, 2024

I'm sorry you're experiencing this situation. Start by gathering all your pay stubs, timesheets, and any written communication related to your wages and promises of raises or bonuses. Document every instance of discrepancies and any interactions with your manager regarding these issues.... View More

1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Health Care Law for Washington on
Q: Whats the best defense for a disciplinary hearing & what are my legal rights as a disabled unionized healthcare worker?

i have a scheduled disciplinary hearing scheduled at work. I am a HCA (Home Care Aide) or healthcare professional. I have fraudulent/contradictory allegations made towards me including rear-ending someone in an auto collision, buying a client alcohol & having a relative drive us home due to my... View More

James L. Arrasmith
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answered on Oct 19, 2024

First, carefully review all the allegations against you and gather any evidence that supports your side, such as emails, messages, or witness statements. Document the events in detail, including dates, times, and any relevant interactions. Collect any evidence that can refute the fraudulent claims,... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Iowa on
Q: Can my employer discuss details of my work comp claim with others? In Iowa

My employer has discussion of work comp claim on the agenda for a public meeting. Is this legal to discuss? I don’t think HIPAA applies here

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

In Iowa, your employer should not be discussing the details of your workers’ compensation claim in a public meeting, especially if it involves any personal or medical information. While you’re right that HIPAA (which generally applies to healthcare providers) may not strictly apply to your... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Alabama on
Q: A coworker took offense to something i said that wasnt directed at her and had me sent to HR.

Since then she has gone behind my back and asked other workers in the facility about me and filed complaints saying i dont talk to people well even though i have only bee following the facilites regulations and done so in a professional manner. Its reached a point where i feel targeted and... View More

James L. Arrasmith
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answered on Oct 16, 2024

I'm sorry you're experiencing this situation. Start by documenting all interactions with your coworker, including dates, times, and details of conversations or incidents. Keep records of any complaints she has filed and any responses you've given. This evidence will be valuable if... View More

1 Answer | Asked in Employment Law, Appeals / Appellate Law and Employment Discrimination for California on
Q: Disqualifying ACT Performs services in bona fide employent which receives remuneration equal excess five times my week

Benefits amount 1260a provides individual disq under sect 1256la Disqualified until sub subsequent edd I won appeal

James L. Arrasmith
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answered on Oct 12, 2024

It sounds like you were performing work that exceeded the earnings limit, leading to a disqualification from receiving certain benefits. Under section 1256la, earning more than five times your weekly benefit can trigger this disqualification. The benefits amounting to 1260a likely refer to the... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Weekly pay and healthcare was held for 4 weeks. I was paid back on the 5th week. Union employee. Is that a crime?

Occurred Jan/Feb of this year. Wage claim filled with TWC. No reason was given. I had to contact a different work area to be reinstated. I believe not paying me for the month is a crime. It certainly hurt.

John Michael Frick
John Michael Frick
answered on Oct 10, 2024

In my professional opinion, it is not a crime but is good grounds for a wage & hour claim with the TWC.

1 Answer | Asked in Tax Law, Employment Law, Civil Rights and Employment Discrimination for Tennessee on
Q: I was taxed 3 times on on an already taxed (by the company) amount of $120. They taxed me 20 %

I was taxed 3 times on a my paycheck due to them missing 9 hours off of my paycheck. The remedy they had was to pay me for the time they missed off my check (all OT hours) in Cash in which they had taxed themselves and then put the hours on my next week's paycheck causing me to pay even higher... View More

James L. Arrasmith
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answered on Oct 8, 2024

I'm sorry you're experiencing these payroll issues. Start by gathering all your pay stubs, cash receipts, and any written communication with your employer about your pay. This documentation will be crucial when addressing the discrepancies.

Reach out to the Tennessee Department of...
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Is it legal for an employer to give an employee a promotion cuz of favoritism?

So the big mouth at work mentioned that the promotion we both applied for, before we applied for it, our boss was going to give it to him regardless of who applied. Before it even was available. He's like the teachers pet. It's more of a let down since others including myself have been... View More

Bradley Mancuso
Bradley Mancuso
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

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2 Answers | Asked in Employment Discrimination, Employment Law, Personal Injury and Civil Rights for California on
Q: I work for a school district, I run a kitchen, My VP has yelled at me, kept me from doing my job he has talked about me

I work for a school district, I  run a kitchen, My VP has yelled at me, kept me from doing my job he has talked about me , lied about me  I reported it to my manager and they did nothing even though they seen it..I found out he told my custodian that he can keep me in line because he is close... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 6, 2024

Determine if you have a case by conferring with employment attorneys. Even if you have not been fired a search for “wrongful termination lawyers” will get you to the correct attorneys.

Use the Justia search tool to find an attorney. https://www.justia.com/lawyers

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1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Employment Discrimination for Maryland on
Q: When serving a complaint affidavit to a company, do you send it to the headquarters office if they have multiple loc?

I tried settling the issue alone and submitted a demand letter back in June. Since then my previous employers lawyer has said they would call me back but doesn’t. Says the claim is being investigated but can never provide any details. The adjusters have also been doing the same thing as far as... View More

James L. Arrasmith
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answered on Oct 2, 2024

When serving a complaint affidavit to a company with multiple locations, it's generally best to send it to the headquarters. This ensures that your documents reach the main legal department responsible for handling such matters. Additionally, you might want to send copies to the specific... View More

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I was mistreated at work looking for a lawyer in sacramento ca no ac will driving working long hours and my pay cut.
James L. Arrasmith
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answered on Oct 1, 2024

It sounds like you're dealing with some serious issues at work, including unfair treatment and a pay cut. These concerns, along with unsafe working conditions like driving without air conditioning and working long hours, could be violations of employment laws in California. You may have a case... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Employment Discrimination and International Law for Georgia on
Q: I’m facing some human rights issues

By certain parties in law in lieu

Tim Akpinar
Tim Akpinar
answered on Oct 10, 2024

Your question is very brief, and there could be reasonable justification for not wanting to post details about your matter. Without knowing the nature of your situation, one option could be to reach out to civil rights attorneys (or possibly civil rights organizations) to discuss more meaningfully... View More

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1 Answer | Asked in Employment Discrimination for Pennsylvania on
Q: Can an employer change your start date to avoid paying yearly bonuses?
Joseph Korsak
Joseph Korsak
answered on Sep 27, 2024

No. This is fraud. They cannot eliminate a benefit that you are entitled to. Sounds like you need a new job.

1 Answer | Asked in Civil Rights and Employment Discrimination for Tennessee on
Q: Can a company refuse me to take my personal vehicle when being suspended

Took a DOT drug/breath alizer test and the company has me on suspension waiting on drug screen results but refused to allow me to take my personal vehicle home. they are having it transported by a tow company.

James L. Arrasmith
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answered on Sep 27, 2024

If you're placed on suspension pending drug test results, a company may have policies in place that restrict the use of personal vehicles, especially if safety concerns are involved. Since this situation pertains to a DOT test, which often involves safety-sensitive positions, the company might... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: My employer has been paying me overtime in cash for the last year, I want to report this. How do I proceed

Lots of other sketchy practices, kinda want to take down the buissness because of them ranging from gender based and other discriminations during hiring to making employees pay for stolen product.

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

File a wage and hour complaint with the TWC.

1 Answer | Asked in Contracts, Employment Discrimination and Employment Law for New York on
Q: Is my employer required to pay moving fees to return equipment I let them?

I've resigned and want my employer to pay to have the equipment sent back to me. They have refuse to pay this. I received no rent or pay for lending this equipment and it was used to help the business. Do I have any recourse?

Neil P. Flynn
Neil P. Flynn
answered on Sep 26, 2024

Thank you for reaching out to us regarding the legal issue your facing.

As I understand it there is no agreement in place regarding the equipment. And you voluntarily provided it for use in the course of your employment and your employer's business. Under these circumstances, it's...
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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Connecticut on
Q: Pls need help with putting together my race discrimination appellant brief. I have an outline of the info. Desperate. $

Race employment discrimination

James L. Arrasmith
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answered on Sep 22, 2024

When you're preparing an appellant brief for a race discrimination case in employment, the key is to focus on the legal standards and demonstrate how the lower court made errors in applying those standards. Start by outlining the facts of your case, particularly emphasizing any evidence that... View More

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