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Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination for California on
Q: Do I have rights if a former boss and employees are making false statements about a termination

I never was actually fired or signed anything

Neil Pedersen
Neil Pedersen answered on Sep 24, 2020

It depends on several things that are not disclosed in your post.

First, it depends on what is being said.

Second, it depends on whether it is causing you non-speculative damage

Third, it depends on who is saying it.

Fourth, it may depend on the motive for the...
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1 Answer | Asked in Employment Law and Employment Discrimination for Michigan on
Q: Does my employer have to pay me holiday pay if I'm on leave under FFCRA?

I'm currently on leave under the FFCRA or expanded FLMA. Labor day fell during my leave and my employer is refusing to pay me for it and won't explain why. All I've been told is that they have less than 50 employees so they didn't have to participate in offering FMLA, and I... Read more »

Kyle Anderson
Kyle Anderson answered on Sep 23, 2020

Hi. Under the FFCRA, an employer with fewer than 500 employees is required to offer up to two weeks (80 hours) of paid sick leave at the employee's regular rate of pay if you are quarantined, or, at two-thirds your regular rate of pay if you are unable to work to care for a child whose school... Read more »

1 Answer | Asked in Employment Law, Business Law, Civil Rights and Employment Discrimination for Texas on
Q: How do I protect myself from employee retaliation after reporting my boss for racial discrimination?

I work for a technology recruiting company in Texas. One of the Managing Partners discriminates against potential candidates based on national origin (Indian nationals, specifically, but I have also witnessed discrimination against African-Americans and people of Asian decent). I feel he is a... Read more »

Carrie Dyer
Carrie Dyer answered on Sep 23, 2020

You should report the discriminatory actions of your boss to the Human Resources Department in writing. The HR department should then do an investigation into your complaints. The company, including the Managing Partner, is prohibited from retaliating against you for complaining about and... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: if I was laid off from work, is it legal for the employers to put an ad out hiring for my same position?
Rhiannon Herbert
Rhiannon Herbert answered on Sep 23, 2020

There is nothing inherently unlawful about the above situation. Since Maryland is an at-will employment state, you can be laid off or terminated at any time and for any reason or no reason at all, as long as the reason isn't discriminatory. So in your situation, the answer to your question... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Missouri on
Q: Would an employer be in violation of MO statute 115.639 for terminating an employee that requires time off to vote?

9am-7pm was My scheduled shift . As I received a reminder the day of the primary election. I requested the last 90 Min of my shift off to vote. My Supervisor replied via IM “Who approved this?” I advised this is a request, then asked are you denying or approving, I didn’t get a response. As... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 22, 2020

Below is the statute. Based on your recitation of the facts, I questin whether you complied with the requrement that "that request shall be made for such leave of absence prior to the day of election."

Three hours off work to vote--interference by employer a class four offense....
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1 Answer | Asked in Employment Discrimination and Employment Law for Alabama on
Q: I am being forced into a new position at work and was told to take it or resign - what rights do I have?
Kyle Anderson
Kyle Anderson answered on Sep 16, 2020

Are you in a Union or is your employment governed by a Collective Bargaining Agreement or Employment Contract? If not, you have very little rights. You need to provide more information for a more thorough analysis, but Alabama is an at will state, meaning you can be terminated for any reason or no... Read more »

1 Answer | Asked in Business Law, Contracts, Employment Discrimination and Employment Law for Minnesota on
Q: Can General Contractors force subcontractors to wear a mask for Covid or threaten contract termination

Install team,

Just a reminder that the wearing of masks or face shields while in the customer home is not optional, and there is a zero tolerance policy if you do not wear them.

The only time it is optional is when you are outside of the home and separated by at least 6 feet.... Read more »

Carrie Dyer
Carrie Dyer answered on Sep 16, 2020

Unless you have a medical condition that prevents you from wearing a mask or face shield, you can be required to wear one while performing your work. If you do have a medical condition, you should work with your doctor to request an accommodation under the Americans with Disabilities Act from your... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: I have questions I would like to remain anonymous throughout until I know what to do. I have been mislead by my employer

Several (almost all) employees and I have been falsely promised pay raises, overtime, job security, and working in construction, a lot of personal tools (thousands of dollars worth) are seemingly disappearing. Today we were given our checks (short due to false promises and lies) and told not to... Read more »

Bennett James Wills
Bennett James Wills answered on Sep 15, 2020

Find an employment lawyer near you to discuss these issues. Consultations are covered by the attorney-client privilege so you would not need to be worried about counsel knowing your identity. But much more information would be needed to determine what, if anything, can be done for you.

Q: I’m about to go to boot camp but I have a pending civil court case for a car accident. Will I be able to go to BC?

Does boot camp qualify the trial to be put on “stay” status?

Tim Akpinar
Tim Akpinar answered on Sep 14, 2020

A Texas attorney should advise, but your question remains open for two weeks. Until you are able to consult with a Texas attorney with time looming, you could check with the judge's clerk on your case. Based on your description, it sounds like a note of issue has been filed and that you may be... Read more »

1 Answer | Asked in Contracts, Employment Discrimination and Employment Law for New York on
Q: Do I have legal standing to sue my SUNY school if I contract coronavirus while working as an RA?

https://www.allotsego.com/suny-oneonta-ras-threaten-strike/

I have not received test results and I have been working in biohazardous conditions that were not outlined in my contract. I also cannot return home yet since my father is battling a 9/11 related cancer and is extremely... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 12, 2020

An employment attorney should advise on your matter, but you await a response for a week. In addition to reaching out to an employment law attorney, you could also consider consulting with a workers' comp attorney to learn about whether the nature of your job duties might possibly be relevant... Read more »

2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: Safety sensitive position and needed prescription drugs.

I currently operate heavy machinery for my job. What options would I have if my employer found out I was on a prescribed med with a waring that you should not operate heavy machinery when taking, yet my dr has provided documentation I can preform all my essential job functions and not put myself or... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 7, 2020

If I was your employer, I would not believe the documentation from your doctor. Your options would be to either get a new job or not get one.

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1 Answer | Asked in Employment Discrimination for California on
Q: Will the Court Clerk (CA) accept joinder for pension plan that were prepared and dated 5 months ago?

I had prepared the joinder forms for a pension plan in a divorce proceeding in April. The day I went to file happened to be the first day the Court started closing to the public. Now that the court clerk's office has reopened for filing in person, I want to take these forms to file with the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 5, 2020

This is not employment discrimination it is Family Law, it has to do with a divorce. If the forms are over your signature, you can change the date, if over someone else's signature leave it be.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for Tennessee on
Q: I need a lawyer for my denial of unemployment . This company fire me while I was in the hospital for major surgery.
Carrie Dyer
Carrie Dyer answered on Sep 2, 2020

You should reach out to an employment attorney in your area to discuss the details of your situation. Depending on the size of your employer, the length of your employment, and the reason for surgery, you may have qualified for protected medical leave under the Family Medical Leave Act. You may... Read more »

2 Answers | Asked in Employment Discrimination for California on
Q: Agency I work for claimes a payroll mistake occurred.over a 9month period.now want me to pay back

Now ,I never clocked in for the hrs,never worked with the app we use to verify the shift.Client never submitted the revisions to agency as he was suppose to and agency never confirmed they just assumed.therefore falling through the cracks . Leaving me responsible to pay back now..wasn't a... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 1, 2020

You already posted this question on this website and both Mr. Pedersen and I answered you about your responsibilities and what the employer can do. Suggest that you read what we posted.

Justia disclaimers below, incorporated herein.

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2 Answers | Asked in Employment Discrimination for California on
Q: Payroll issue with caregiving agency. Paid for days not worked.now I have to pay back.no fault of mine

The client's son in law did not submit schedule to offc for 9 months.And office did not confirm ,so they assumed schedule was the same,but varied month to month.due to 60 hrs per month.allowed by the ins company..Now it was discovered after all this time.Now it has to come out of my earned... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 31, 2020

There is no question here, so I assume that you are asking if it is legal for the agency to require you to return money that you did not earn, but were paid, over a 9 month period. Yes, it is legal for them to ask, but not legal for them to unilaterally withhold it from current earnings, they have... Read more »

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Q: twice in 2020 my company forced me to quarantine for 14 days (28 total) without pay. this was in a 4.5 month span.

because of this I have left the company to find a better fit for me and I want to know if I can sue them for the lack of pay as it caused me to surrender a vehicle in my name and lose major credit score points?

Kyle Anderson
Kyle Anderson answered on Aug 27, 2020

More information is required to fully analyze your claim. If you needed to quarantine because you came into contact with covid-19 or needed time off to care for a child whose school or daycare shut down for reasons related to covid-19, and your employer has less than 500 employees, you may be... Read more »

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Q: twice in 2020 my company forced me to quarantine for 14 days (28 total) without pay. this was in a 4.5 month span.

because of this I have left the company to find a better fit for me and I want to know if I can sue them for the lack of pay as it caused me to surrender a vehicle in my name and lose major credit score points?

Kyle Anderson
Kyle Anderson answered on Aug 27, 2020

More information is required to fully analyze your claim. If you needed to quarantine because you came into contact with covid-19 or needed time off to care for a child whose school or daycare shut down for reasons related to covid-19, and your employer has less than 500 employees, you may be... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: How can i find an employment lawyer?

I need an employment lawyer who has won cases against big companies in the 62232 area and will offer a free consultation.

Kyle Anderson
Kyle Anderson answered on Aug 27, 2020

You can Google "Employment Lawyer" or "Employment Attorney" in your state or city and sift through the results.

1 Answer | Asked in Employment Law and Employment Discrimination for South Carolina on
Q: Can an employer fire you for a background that you disclosed to the during recruiting and onboarding?

I was recruited by a company that offered me a great opportunity. At the time, I had a promising career with a major corporation so I was reluctant to take the opportunity because I had a criminal background from ten years prior. I explained to various members of the recruiting company that I had a... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 27, 2020

The specifics of your situation should be discussed with an employment attorney in your area; however, the answer is likely no. In an at-will state such as South Carolina, your employer can deny you employment opportunities or terminate your employment for any reason or no reason, as long as it is... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for West Virginia on
Q: Hostile work environment do I have a lawsuit ?

I worked with asplundh tree experts LLC for almost a year and I got fired bc I took off a few days because I had been under so much stress and anxiety and I was supporting 7 people in my home and I was threatened with a knife to my stomach and was told he was bonded to shoot me and he would get by... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 26, 2020

More information is needed to analyze your situation. You should contact an employment law attorney in your area to determine if you have a claim under the Americans with Disabilities Act or Title VII for the way you were treated by your former employer.

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