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Employment Discrimination Questions & Answers
3 Answers | Asked in Personal Injury, Civil Rights and Employment Discrimination for Maryland on
Q: What form do I use to file an Intentional Infliction of Emotional Distress lawsuit?
Lee Eidelberg
Lee Eidelberg
answered on Oct 1, 2024

There is no "form," per se', to fill out to file this type of lawsuit. Any lawsuit must alleged sufficient "facts" related to the elements of the particular offense alleged. For an intentional infliction of emotional distress claim, the suit must state facts that... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can you tell me if I have a case for a situation where I work?

Took a LOA in July inquired about getting service dog at work. Told I am not classified at the postition that I've been doing for 6 years I would have to be evaluated at the position I am status as. Because of work restrictions I am unable to do the job I am status as. Corperate office is... View More

Neil Pedersen
Neil Pedersen
answered on Sep 27, 2024

More would need to be understood about your situation before someone could tell you with some level of certainty that you have a case with merit and value. However the facts you have posted about suggest unlawful conduct by the employer. Therefore it would be wise for you to locate and consult... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Am I being harassment/ bullied?

Since march 2024: I’ve been in a position in my workplace where behavior towards me is increasingly making me feel uncomfortable.

Behavior includes:

Gossiping: while I’ve never heard the gossip firsthand from those who spoke of me, I have a workplace colleague who has... View More

Neil Pedersen
Neil Pedersen
answered on Sep 26, 2024

There is a big difference between behavior that should not occur and behavior that is unlawful. Note that the other answer you have received does not say the behavior you have reported is unlawful. It likely is not violative of any law.

Bullying, gossiping, cold shouldering and other rude...
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can my employer remove me from work schedule and that reasonable accommodations for knee bursitis aren’t sustainable?

Went to work with knee bursitis and employer knew it. Allowed me to work all day and texted me after hours that I should satay home the next day as it was not wise to have me in the field or office. Was told he’d need to make a few phone calls as to how to proceed. Was not contacted until the... View More

Neil Pedersen
Neil Pedersen
answered on Sep 23, 2024

You need to go to the doctor and get a doctor's note indicating any restrictions you have on your ability to do your job and any suggested modifications to your job needed to allow you to perform the essential functions of the job. Then turn in that note. That will place a legal obligation... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: I was accused for criticism at work environment.My district manager met with me to discuss what was addressed to her

DM met with me on August 23.

My FMLA and disability leave on September 19th

I have not heard from The DM since

Can she terminate me while I’m on disability leave and FMLA

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

Most employees are "at will" meaning they can be terminated without cause or notice. However, if you are on FMLA leave, a presumption could arise that you were terminated in retaliation for taking that leave, which would be illegal. The employer can terminate you while on FMLA leave if... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Is it legal for my HR department to override my time clock for the day at work to make it seem as if I never arrived ?

I was recently terminated from my job. That morning I went to work and clocked in through an app on the phone , which we HAVE to be in the building to accomplish. After an hour of being there and working I was called to the office and fired . The company refused to let me go back in the building... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

If you are scheduled to work and you show up as scheduled, the employer is obligated to pay you. You could be entitled to a half day's pay as "show up pay." Check TX department of labor or search for TX wage laws. You can file a claim form. In direct response, no it is not legal for... View More

Q: I'm a teacher. While sick with Covid pneumonia, I was medically terminated for missing 1 day over 90. Was that legal?

I am a teacher in the state of SC. At the beginning of the 2021school year, I was sick with double Covid pneumonia. I used my days with the FBLA. The school district extended me 30 days but did tell me that if I missed 1 day over 90, I would be medically terminated and would have 5 days to appeal... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

When you have a medical condition that constitutes a physical disability, several laws apply to you, in addition to laws such as family leave acts (Federal and state). You may be protected by the Federal ADA and SC's equivalent disability protection laws. You should search for SC- employment... View More

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can my boss get mad at me, Then not work me or speak to me in a month and a half without firing me?

Talked back to boss. He walked off job site and I was out of work days later. And he never spoke to me again, even though I’m still employed there

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

I have news for you, your employment was terminated. If you are not working there, you are not employed there. You should file for Unemployment Insurance. Your post comes from NV but you are asking in CA. In CA you are presumed to be an "at will" employee, subject to termination at any... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I just got fired because my boss found out I was going to be a whistleblower.

I just got fired, my boss found out I was going to submit a complaint about her child care and poor sanitary conditions. First she started cutting my hours and then proceeded to fire me without notice. I’m not sure if I’m able to do anything legally but most importantly I care about the kids... View More

Bradley Mancuso
Bradley Mancuso
answered on Oct 10, 2024

One of California's primary employment whistleblower statutes, Labor Code 1102.5, actually protects employees from retaliation even if they have not yet complained but the employer believes the employee "may disclose" information about a violation of law. You should consult an... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: My supervisor approved me leaving work early and coming in early which I have done before upper management Denies it

Do I have a case here so I ask hr would match my recall to work from my old job she tells me that she has told management but that they are choosing to not respond to my request and then I tell her okay that I’m not sure what to do but that I thank her for asking two weeks past by and then she... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

Attorney Fazzi has the better analysis. This doesn't seem to be an HR matter, it appears to be discrimination against your physical disability by failing to accommodate. There are a large number of problems for the ER with what you have described, such as they failed to have an interactive... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: My supervisor approved me leaving work early and coming in early which I have done before upper management Denies it

Do I have a case here so I ask hr would match my recall to work from my old job she tells me that she has told management but that they are choosing to not respond to my request and then I tell her okay that I’m not sure what to do but that I thank her for asking two weeks past by and then she... View More

Louis George Fazzi
Louis George Fazzi
answered on Sep 12, 2024

You may have a claim under the California Civil Rights Act for failure to accommodate your medical condition, and/or retaliation for asking for help. You can file a claim with the Department by going to this link: https://calcivilrights.ca.gov/, which you can cut and paste into your browser. You... View More

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1 Answer | Asked in Workers' Compensation and Employment Discrimination for Texas on
Q: I was fired from my job one week after filing a worker’s comp claim. Is this something an attorney needs to handle?

Physician ordered head CT scan and was approved by WC.

John Michael Frick
John Michael Frick
answered on Sep 4, 2024

It is illegal to terminate an employee in retaliation for filing a WC claim. The timing raises the suspicion that you were terminated for filing your workers compensation claim. Of course, there may be other legitimate reasons why you were terminated. For example, an employee may be terminated... View More

1 Answer | Asked in Employment Discrimination for New Hampshire on
Q: Do you take on sexual harassment and retaliation cases?

I work at a warehouse in Manchester, NH. I have experienced sexual harassment and retaliation. Also, the human resource manager is saying that I can't report verbal sexual harassment to her because she doesn't want to deal with disgruntled employees. Is there someone who can help me with my case?

Tim Akpinar
Tim Akpinar
answered on Aug 16, 2024

A New Hampshire attorney could advise best, but your question remains open for over two weeks. From your post, it looks like you're seeking an attorney to handle a case. You'd need to reach out to law firms and pose your question to them. This is only a Q & A forum. You could find... View More

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Hello, I work at a cafe and I have some questions regarding my workplace.

First of all, I did not receive proper training at this place. The manager was off to a vacation for 2 weeks and the owner maybe had 5 minutes training with me. So, I just asked my fellow employees to teach me. Second, for some reason the owner started to show different attitudes toward me. She... View More

Neil Pedersen
Neil Pedersen
answered on Sep 9, 2024

First, your employer has no legal duty to train you unless the training has to do with dangerous conditions in the workplace as required by OSHA. If the issue is how to do your job, your employer can simply leave you untrained, and then discipline or terminate you for any reason or even no reason... View More

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Can my supervisor do this?

My sibling and I work at the same company. Whenever my supervisor can't get in touch with them, they reach out to me to speak to my sibling. They even go as far as talking about my sibling's disciplinary actions with me. My sibling and I work in different departments and are essentially... View More

Neil Pedersen
Neil Pedersen
answered on Sep 9, 2024

There is no law that prohibits your supervisor from speaking to your sibling about things other than inherently private information, like heath issues. Discipline is not inherently private and can be discussed amount management and employees. Please beware, the other answer provided was... View More

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2 Answers | Asked in Civil Rights, Employment Law and Employment Discrimination for California on
Q: Can a manager say you cant transcribe 1 on 1 meetings even though, they know it is used for your disability?

I have PTSD disability that can cause me to have brain fog now and then so at times during work meetings regarding my professional development and my work ethic, I turn on Transcriptions so that I can better follow along with their words which will help me also better understand and retain the... View More

Neil Pedersen
Neil Pedersen
answered on Sep 4, 2024

To protect yourself, get a doctor note that discusses your restrictions and the accommodation of using transcription to address that restriction. Give that note to your employer. That note will trigger a legal obligation to work with you to find a way to make it possible for you to do the... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Employer fired me after i filled a lawsuit against them.

After i filled the lawsuit the retaliation begin to happen from my boss then i reported it to HR and a few weeks later i was fired. The lawsuit was closed and the verdict was that i was permanently disabled i had requested to be on leave and was denied . What can i do

Steven M. Chanley
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answered on Sep 1, 2024

Your best option is to contact your nearest County Bar Association and ask for a referral to a competent employment law plaintiffs' attorney. Your situation will require that an attorney meet with you to gather and analyze all of the relevant facts and documentary evidence available before... View More

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1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: I was granted permission to sue my employer in December 2023 and they have been retailing sense. What can I do?

The company has done so many things and I have it all documented in audio recordings, emails and text messages. I have had my schedule changed when coming back off of vacation time without being told. The manager that told me his leadership was telling him to skip steps of the attendance policy was... View More

John Michael Frick
John Michael Frick
answered on Jul 23, 2024

If you were issued a "right to sue" letter by either the EEOC or the TWC, the time to file a lawsuit is 90 days from the date of the letter for a federal lawsuit and 60 days from the date of the letter for a Texas state court lawsuit.

In Texas, arbitration agreements are usually...
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1 Answer | Asked in Employment Law, Employment Discrimination and Federal Crimes for Pennsylvania on
Q: I'm being forced to settle out of court on fmla case. My lawyer is not doing anything. What can I do?

I was out on fmla as inpatient at a facilty. The facility said they will contact my job, they did not. I got fired for abandonment. Showed them all proof needed where I was and they did not care. They upheld there decision. I got lawyer and filed suit. I filed unemployment and now there saying they... View More

James L. Arrasmith
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answered on Jul 21, 2024

It sounds like you're facing a challenging situation. First, consider getting a second opinion from another lawyer who has experience with FMLA and employment law. They can provide you with advice tailored to your case and help ensure that your rights are protected.

Document everything...
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1 Answer | Asked in Employment Discrimination, Federal Crimes and Gov & Administrative Law for Oregon on
Q: I'm holding evidence of sexual assault that the jail refused to submit

I was asking to sue for CUSTODIAL MISCONDUCT

James L. Arrasmith
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answered on Jul 21, 2024

You have every right to seek justice for the misconduct you've experienced. First, gather all evidence and documentation related to the incident and the jail's refusal to submit it. This might include witness statements, medical records, and any correspondence with jail authorities.... View More

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