Get free answers to your Employment Discrimination legal questions from lawyers in your area.
The position is for the School district food service worker supervisor classified position. This is in California . It sounds worse than it was, and it was 24 years ago. My no contest, was changed to a not guilty, and was expunged after I completed my community service. I want to be honest with... View More 
answered on Feb 10, 2025
The short answer is no, you do not have to report a crime, which was expunged about 24 years ago, to your employer.
Keep that to yourself, and good luck with your new job.
I'm sure you already knew the answer, but needed confirmation from someone with expertise. While I'm... View More
At my work we have a progressive discipline policy,, so I was recently moved from one manager to another, and a week after I was being questioned for fraternization, because I had a case with someone I knew, now there wasn’t any special treatment or anything, but during the meetings about this my... View More
answered on Feb 7, 2025
If you are not protected by contract, then you are an employee at will and can be fired. However, if you can prove that the overriding reason is that you are a felon, you may or may not have an action as the Executive Law may have been violated. Consult local counsel.
I had a 5 year old felony
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answered on Feb 6, 2025
Generally, if you work in Pennsylvania, employers are not permitted to discriminate against you in hiring due to a former criminal conviction as this may be a violation of the Criminal History Record Information Act (CHRIA). However, the caveat is that if a person has been convicted of stealing,... View More
answered on Jan 31, 2025
Sorry to hear what happened to you. The bar for a negligent infliction of emotional distress claim is relatively high and would not likely be met by the incident you described. That said, you could bring a claim for assault which does not require there to be physical contact, just a threat of... View More
Company claims actions legal on workers benefits. Holds benefits till after 90 days of starting training and working. Only asks for employees Federal I.d. and valid bank account to deposit cash payments once a week. And holds 1 week back after employee starts to work. When asked about contract they... View More
answered on Jan 30, 2025
Bathroom breaks do not count toward your 10 min rest break every 4 hours. The employer is required to provide paystubs showing your hours and earnings. The employer is required to reimburse for all necessary business expenses including electricity and internet if you are working remotely from the... View More
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answered on Jan 27, 2025
Yes and no. Both federal and New York State laws protect workers who file claims for harassment and discrimination from workplace retaliation including termination. However, it is not uncommon for employers to violate anti-retaliation laws. So there is still a chance that your employer would... View More
Im not ready to go back yet, and we have a daily online schedule check and im still not scheduled so could they terminate me if they don't schedule me or contact me on return?
answered on Jan 22, 2025
The answer to your question depends on whether your physician has continued you on disability. That is a matter between you and your doctor. You should discuss this with your doctor to see if your doctor will continue your disability status and, if so, if she can provide you the necessary off work... View More
My boyfriend and I work for the same company, he’s a manager and I’m on the other end of the food chain. I put in my two weeks notice, plan on working it out fully, but after so many years of bull happening there, I thought the higher ups should know what’s happening. Not that I think... View More
answered on Jan 20, 2025
Nebraska is an at-will employment state. Unless you have a contract otherwise, an employer can generally fire an employee without cause, so long as not for a legally discriminatory purpose (think race, religion, etc.). If you are considering making a complaint that may cause your significant... View More
Since having my first child in January 2023, there were a few instances of discrimination such as being turned down for an additional role that I was more than qualified for and the reason being communicated that I was a new mom. I became pregnant again in July 2024 and told my manager in Aug 2024.... View More
answered on Jan 5, 2025
You can ask, but they may not give it to you. However, if you have suffered discrimination based on pregnancy, you must file a charge with the EEOC within 180 days of the discriminatory action. If you do not, you will lose your legal rights. Also, if you sign a severance agreement it will contain a... View More
It ended abruptly. Ever since, he's been treating me poorly, jerking me around, and I think he's trying to get me to quit. I would like to push back because my quality of life is suffering and I'm not going to be forced out of the company.
Unfortunately I do not have all the... View More
answered on Jan 5, 2025
I'm so very sorry you're going through this. I have a lifetime of employment discrimination/sexual harassment experience, even before law school (I was a discrimination investigator at the Washington State Human Rights Commission).
First, write out a timeline for your... View More
I work remotely in healthcare. My company is based out of New York. I informed HR that I plan on moving outside of the state. I received a list of states which did not include the state that I intend to move to. In our remote worker agreement, it does say that we have to get permission from HR, but... View More
answered on Dec 30, 2024
I'm so sorry you're having this problem with your employer - moving is hard enough without the stress of employer pressures! From a straight contract law perspective, it's going to come down to what you agreed to in your employment contract. From your description, it seems like you... View More
My manager hired a man who has a lengthy history of DV and he is aggressive verbally to our female co workers. I looked at his legal history and discovered the charges. I brought it to the attention of the manager and she said that we should avoid pushing his buttons. Her boss found out about the... View More
answered on Dec 23, 2024
If you believe you're being treated unfairly or retaliated against at work after reporting safety concerns, let’s break down what’s happening and explore your options. Washington State has laws in place to protect employees in situations like yours, so you may have recourse.... View More
They won’t accommodate, is that considered termination? Her workers compensation attorney advised her to seek a labor attorney
answered on Dec 23, 2024
It is not as simple as your question suggests. An employer has a duty to reasonably accommodate an injured or disabled employee if there is a way to do so such that the employee can continue to perform the essential functions of the job without violating the restrictions and in a way that does not... View More
I was fired after starting a warehouse job, suspecting racial discrimination.
I received termination text with no prior performance feedback or warning.
answered on Dec 9, 2024
You need show some evidence that their decision was at least in part caused by a discriminatory motive. The evidence can be almost anything that suggests racial bias. For example, if the only difference between you and the other employers is your race (and not a difference in performance, skill,... View More
…My check on payday. Management was out of town, couldn’t reach anyone so I picked up the checks, we still can’t cash them 4 days later and now I’m suspended for a week because per usual “there was no money in the account”. I have An obvious case right?
answered on Dec 8, 2024
Since you were subjected to discipline, a suspension, for picking your paycheck on payday, you likely have a claim for illegal retaliation for seeking your timely payment of your wages. Your employer is not allowed to delay payment based upon case flow.
Since your employer is consistently... View More
…My check on payday. Management was out of town, couldn’t reach anyone so I picked up the checks, we still can’t cash them 4 days later and now I’m suspended for a week because per usual “there was no money in the account”. I have An obvious case right?
answered on Dec 9, 2024
I am going to disagree slightly with my colleagues here. If you did not have permission to take the paychecks and took them anyway, that could well be a terminatable offense. However, you and your co-workers would have meritorious claims for violation of the Labor Code for the many late and NSF... View More
I’m a transgender woman and work for DOT, the testing being administered by HHS protocol
answered on Dec 6, 2024
In certain circumstances, you have the right to have a person of the same gender (not gender identity) serve as an observer during a drug test. If you fall into one of those circumstances, you--as a transgender woman--would have the right to insist that any observer be of the same gender (male as... View More
I had been terminated and at that time was told my termination reason was “confidential”. I had applied for unemployment and was denied due to “willful misconduct”. There was a file attached from my boss that was not added to Paycom until 10.23.24, when I was terminated on 10.11.24 and... View More
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answered on Dec 3, 2024
Sorry to hear about the loss of your job. The medical issue could potentially qualify you to make a claim under the Americans with Disabilities Act ("ADA"). You will want to speak with a local attorney who practices in Employment law and discuss this further as well as the confidentiality... View More
Signed by my doctor. They sent me home. On the second day I brought in a note and they allowed me to work the full day. The following day they denied the note stating that because it was a printed note provided by my employer's third party FMLA leave provider to my dr, that they could not... View More
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answered on Dec 2, 2024
Very sorry you are dealing with this issue. Employers have a lot of latitude when they deal with employee FMLA issues. With that said, there could be some issues that fall under the Americans with Disabilities ("ADA") if you qualify. When an employer requests that you return to full duty... View More
Deposition transcript was never used in arbitration ,case settled during discovery, transcript was shared 3 years later to another lawyer in another arbitration proceeding I was involved in ....it was actually stolen by the associate
answered on Nov 25, 2024
If the associate was an attorney in the law firm that represented you in the arbitration proceeding, he should not share your deposition transcript without your permission.
If the associate was an attorney in a law firm representing another party in that arbitration proceeding, he can... View More
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