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Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: I was wondering if I could ask my employer to have Thursday and Sunday off during the week instead of Saturday/Sunday.

Time period. 12 weeks. I’m full time and salaried.

My staff work 5 am to 10 pm daily. Open every day.

John Michael Frick
John Michael Frick
answered on Aug 19, 2024

Yes, you can ask. Texas law does no prohibit an employee from asking to be off Thursday and Sunday instead of Saturday and Sunday.

1 Answer | Asked in Employment Discrimination for California on
Q: went in for employment screening! Part of the process was strength test in front of others is this a hippa violation?

I went in and started the strength and agility test, they invited several others to sit and wait their turn in the same room, not the waiting room where I was being observed by other people I didn’t know durring my test it felt very embarrassing and violating in my opinion! I’m wondering if... View More

James L. Arrasmith
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answered on Aug 16, 2024

In California, HIPAA generally protects your medical records and private health information from being shared without your consent. However, HIPAA typically does not apply to employment-related processes like physical exams or strength tests that are part of pre-employment screenings. These... View More

2 Answers | Asked in Employment Discrimination and Employment Law for Nevada on
Q: If I have worked for a company for over 20yrs, earned a high paying salary, now demoted over personal reasons.

Can I file legal action if I have been significantly demoted all because of my personal relationship with CEO she doesn’t like my new wife and is jealous. I’ve been singled out of company functions and bonuses and have been demoted from President to Business development “Executive” in... View More

Jennifer Setters
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answered on Aug 12, 2024

If you believe that your demotion and exclusion from company functions and bonuses are due to personal reasons, specifically related to your relationship with the CEO, you may have grounds for legal action. This situation could potentially involve claims of discrimination, retaliation, or wrongful... View More

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1 Answer | Asked in Employment Law, Employment Discrimination and Internet Law for Washington DC on
Q: I live in a single-party consent state for recording conversations. My boss lives in MD - Can I legally record?

I live and work from home, in Washington DC. My boss (most likely based on what information I could find) lives and works in Maryland.

I have been facing workplace retaliation and have escalated it to HR as of Friday afternoon.

In DC (my understanding) is that it is legal to... View More

James L. Arrasmith
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answered on Aug 6, 2024

You are in a complex situation because the laws of both DC and Maryland may apply. In DC, you are correct that only one party needs to consent to recording a conversation. This means you can legally record conversations without informing the other person if you are in DC.

However, since...
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Q: Can I sue my boss?

I worked at a small restaurant for 7 years without ever receiving breaks or lunches. I typically work 6-7 hours per shift and usually work two days a week. I've let a lot of small issues slide, like noticing my check is slightly off or not knowing if my tips are added correctly. Most times... View More

James L. Arrasmith
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answered on Aug 1, 2024

Yes, you can potentially sue your boss. Working without breaks or lunches may violate labor laws, especially if your state mandates them. If you are not being paid correctly, experiencing delayed payments, or receiving bounced checks, these are serious violations of wage laws.

Your...
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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I filled a lawsuit against my employer a and now i got fired

The lawsuit is for for violating my rights when i was FMLA then i return back and the retaliation started it happened for 7 months until now i just got fired what can i do

James L. Arrasmith
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answered on Jul 31, 2024

Under California law, if you've been fired after filing a lawsuit for violations related to the Family and Medical Leave Act (FMLA) and experiencing retaliation, you have the right to take further legal action. Retaliation for exercising your FMLA rights is illegal, and being terminated for... View More

1 Answer | Asked in Employment Discrimination, Employment Law, Personal Injury and Civil Rights for Maryland on
Q: To whom it may concern I was verbally and physically abused in hostile work environment by my boss. Is there a case?

I was operating a fork lift with in 3 minutes of being on it the foreman. Came and told me to get the F off the forklift because they have first priorities for it. As I instructed the co workers with me that the foreman is picking and had full intentions on trying to get me fired so it’s best... View More

James L. Arrasmith
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answered on Jul 28, 2024

You might have a case for compensation due to the hostile work environment and the physical and verbal abuse you experienced. It’s important to document everything that happened, including the names of witnesses, the time and date of the incident, and any medical records related to your injury.... View More

1 Answer | Asked in Civil Rights and Employment Discrimination for New York on
Q: Do I have a case against a local volunteer fire dept for discrimination for trying to suspend me without cause?

The Board of Commissioners pulled together a “special” meeting that was posted on their Facebook page 3 hours before the meeting. They then sent a letter stating that I was suspended effective immediately, but gave no reason. This is not the first time they have attempted this type of... View More

James L. Arrasmith
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answered on Jul 28, 2024

You may have a case against the local volunteer fire department for discrimination, especially if they have attempted to suspend you without cause multiple times. It's important to document all incidents and gather any communications or evidence related to these actions. Posting a meeting... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Municipal Law for Nevada on
Q: If you have a state-issued permanent handicap placard, Can your employer tell you that there are only certain handicap

Parking spots u can park in,that are approved by employer, and employees may not park in any other handicapped spots on property or they will be towed? This is Hilton that said this to me. .

James L. Arrasmith
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answered on Jul 28, 2024

Your employer can establish rules regarding parking on their property, including designating specific handicap spots for employee use. This can be done to manage parking efficiently and ensure that there are enough spaces available for all who need them.

However, these rules should not...
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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for New Hampshire on
Q: I was accused of being racist during a dispute at work. Aside from going to HR are there any actions I can take?

I got into a dispute with a person of color at work, ragarding a task that needed to be taken care of. I told the individual they were not going to win the argument, so they needed to walk away. That was all I said, nothing personal, nothing relating to color. The response from this individual, was... View More

James L. Arrasmith
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answered on Jul 27, 2024

In addition to going to HR, consider having a calm, private conversation with the person involved. Explain your perspective and clarify that your intention was not to imply anything related to race. Sometimes, misunderstandings can be resolved through open and honest communication.

Reflect...
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1 Answer | Asked in Civil Rights and Employment Discrimination for Ohio on
Q: I had a ADR with the VA for settlement and they have not paid. What do I do?

We had a monetary agreement and they were to pay within sixty days and it has been 80.

James L. Arrasmith
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answered on Jul 27, 2024

It sounds frustrating to have a monetary agreement and not see it honored on time. The first step you should take is to contact the VA representative or mediator involved in your ADR process. Clearly explain that the payment deadline has passed and inquire about the status of your settlement.... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Oregon on
Q: I am an independent contractor and I have a contract violation along with retaliatory actions and I can’t afford a lawye

I have physical disabilities as well as religious beliefs that have been discriminated against as well as retaliation such as not notifying me of work orders causing me to be late and miss out on funds as well as causing me to be late on rent. As well as making me feel like I have to work more than... View More

James L. Arrasmith
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answered on Jul 27, 2024

Dealing with contract violations and retaliation as an independent contractor is challenging, especially when you face physical disabilities and religious discrimination. You have rights that protect you from these unfair practices. Document everything meticulously, including missed work orders,... View More

1 Answer | Asked in Employment Discrimination for Texas on
Q: I was the plantif along with 2 other we was awarded 1 million 42thousand & i only received 23,000 the other plantif

12,000 and the other plantif 20,000 and we was told the rest went to the class! But if they couldn't find all the class members the remaining go to us the plantif.which we never received any of that settlement

to this date! Was my Attorney suppose to do that! It still to this day... View More

John Michael Frick
John Michael Frick
answered on Jul 25, 2024

It is impossible to tell without knowing more information including the size of the class and the amount of your compensable damages

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: When a employer uses live scan in California do they see ALL criminal history or only the history less than 7 years old

This would not be for a Healthcare position only general labor. Do they still receive all criminal history but are not "supposed" to consider it if it's older than 7 years.

James L. Arrasmith
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answered on Jul 19, 2024

In California, when an employer uses Live Scan for a background check, they typically receive a complete criminal history, including all convictions regardless of age. However, under the California Fair Chance Act, employers are generally not allowed to consider convictions older than seven years... View More

1 Answer | Asked in Employment Law, Education Law and Employment Discrimination for California on
Q: I was called and told my services would no longer be needed without any reason or details. How do I get more info?

I was a substitute teacher at a public school district. No record. Got along with students and teachers. Asst Superintendent of Personnel called out of the blue saying my services were no longer needed and refused to elaborate. Confused on how to fill out future job applications, answer questions... View More

James L. Arrasmith
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answered on Jul 18, 2024

It is understandable to feel confused and concerned after receiving a call that your services are no longer needed without any explanation. Under California law, you have the right to request the reason for your dismissal. You can send a written request to the Assistant Superintendent of Personnel... View More

1 Answer | Asked in Employment Discrimination for California on
Q: Am I still covered under the whistler blower protection rights if I submitted the complaint to HR anonymously?

HR provided a complaint number which I have a record of. Should I go back and add my name to the complaint?

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answered on Jul 18, 2024

Under California law, you are still covered under whistleblower protection rights even if you submitted your complaint to HR anonymously. The key aspect of whistleblower protection is that the complaint was made in good faith about illegal or unethical conduct, not whether it was made anonymously.... View More

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Can an employer tell you no escooters or ebikes on property anymore or you can lose your job.

I work at an international Airport and in Nov 2023 we were restricted to 2 lots,, a bit away from my terminal. It's a 25 minute walk because the shuttles are usually full, so many of us invested in e bikes and scooters. 9 months later they say we can't have them on property any longer.... View More

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answered on Jul 18, 2024

Under California law, employers generally have the right to set policies regarding the use of their property, including restricting the use of e-bikes and e-scooters. This includes implementing disciplinary measures for violations of these policies, as long as they do not discriminate against... View More

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Can a company be found guilty of discrimination retaliation and wrongful termination on the same case

I was injured on the job I was on restriction duty I asked for a day off to seek medical attention my employer my supervisor didn't deny the day off but the following day when I went to go pick up my regular check he presented me a document and told me if I didn't sign a document it could... View More

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answered on Jul 18, 2024

Under California law, you may have grounds for claims of discrimination, retaliation, and wrongful termination based on the circumstances you've described. Discrimination occurs when an employer treats an employee unfavorably due to a protected characteristic such as disability. In your case,... View More

1 Answer | Asked in Criminal Law, Employment Law, Employment Discrimination and Sexual Harassment for California on
Q: Do I have any recourse if I was assaulted while on the clock by a man who works in the same shopping Center as me ?

A man who works two stores down from me came in to order a Drink and I was the only person working. He noticed I was alone and began making comments about my physique while I was preparing his drink. I ignored him and continued to work, I went to hand him his drink and he grabbed me trying to force... View More

James L. Arrasmith
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answered on Jul 18, 2024

You have several legal options available to you under California law. First, you should consider filing a civil lawsuit against your assailant for assault and battery. You have the right to seek compensation for your injuries, both physical and emotional, through the civil court system.... View More

Q: crystalline silica dust how harmful is it when its constanlty blowing from Vacuum Sanders with no dust bags

The bags are for noise and dust reduction but Managers are inconsistent with keeping up to changing out the bags so the just leave them off the sanders which in a 12hr shifts when there is an 4 to 8 hour max exposure time we where in the same place way too long with high of an exposure to that... View More

Tim Akpinar
Tim Akpinar
answered on Jul 18, 2024

You really should be posing your question about the level of harm to an industrial hygienist, occupational safety specialist, or medical professional (depending on the elements you want to focus on - from OSHA practices to respiratory diseases). One of the first things they're going to ask you... View More

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