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Employment Discrimination Questions & Answers
3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Does my non-profit employer have a right to tell me what I can and can't wear during a ZOOM meeting or in public?
Neil Pedersen
Neil Pedersen
answered on Feb 13, 2024

If you are engaged in work for the company, your employer can require you to wear whatever attire it deems appropriate for the conversation. Of course, if you have a medical need or cultural norm that requires some different form of dress, then there needs to be an analysis related to reasonable... View More

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3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Does my non-profit employer have a right to tell me what I can and can't wear during a ZOOM meeting or in public?
T. Augustus Claus
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answered on Feb 13, 2024

Yes, your non-profit employer generally has the right to establish a dress code or appearance policy that applies during work-related activities, including Zoom meetings or when representing the organization in public. Employers can set these standards to maintain a professional image, adhere to... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Can I be suspended for another employees mistake but no action against that employee just me?

My manager told one employee that we wished it was me that made the mistake so he could fire me so instead he suspended me for 5 days no pay but nothing to the employee that made the mistake.

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answered on Feb 9, 2024

In Kentucky, if you are suspended for another employee's mistake with no action taken against the employee who actually made the mistake, especially if there's an expressed wish by the manager that you had made the mistake for the purpose of firing you, this could potentially be... View More

2 Answers | Asked in Employment Law, Civil Rights, Employment Discrimination and Health Care Law for California on
Q: Job requires release of medical records to private company for FMLA medical leave. Is it not a labor or HIPAA violation?

I'm currently on medical leave from my work with short term disability. In spite of allowing other employees to take extended leave just based on a doctor's note, my company is requiring me to file FMLA to excuse my absence. I had a couple questions. First, is there a reason my... View More

Neil Pedersen
Neil Pedersen
answered on Feb 8, 2024

No this is not a HIPAA issue. Employee medical rights are protected under other statutes.

When an employee seeks medical leave it is not unlawful for the employer to seek verification of the scope and necessity for the leave. The employer itself cannot do that evaluation, but it is lawful...
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2 Answers | Asked in Employment Law, Civil Rights, Employment Discrimination and Health Care Law for California on
Q: Job requires release of medical records to private company for FMLA medical leave. Is it not a labor or HIPAA violation?

I'm currently on medical leave from my work with short term disability. In spite of allowing other employees to take extended leave just based on a doctor's note, my company is requiring me to file FMLA to excuse my absence. I had a couple questions. First, is there a reason my... View More

James L. Arrasmith
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answered on Feb 22, 2024

Under California law, employers are permitted to require certification from a healthcare provider to verify the need for leave under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA). However, the extent of the information requested can be limited to what is... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Does my employer have to pay my raise and bonuses?

I left for military sometime in 2021-2022. I am a reservist. I would usually give verbal or a written note or just show my orders or some type of document. When my new operational manager showed he required me to go through a third party called hartford for military leave. Even wrote me up for not... View More

James L. Arrasmith
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answered on Feb 22, 2024

In most cases, simply being promised a future raise by your employer doesn't grant you a legal entitlement to it. Your right to challenge a denied raise typically hinges on demonstrating that the denial was based on discriminatory reasons or retaliatory actions due to protected characteristics... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Does my employer have to pay my raise and bonuses?

I left for military sometime in 2021-2022. I am a reservist. I would usually give verbal or a written note or just show my orders or some type of document. When my new operational manager showed he required me to go through a third party called hartford for military leave. Even wrote me up for not... View More

Louis George Fazzi
Louis George Fazzi
answered on Feb 7, 2024

For the quickest relief, you can contact the Labor Commissioner, who is charged with making sure all employees are getting paid what they are due. Here's their website: https://www.dir.ca.gov/dlse/

Look for the link to file a claim for wages or other benefits due you. The Labor...
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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Does my employer have to pay my raise and bonuses?

I left for military sometime in 2021-2022. I am a reservist. I would usually give verbal or a written note or just show my orders or some type of document. When my new operational manager showed he required me to go through a third party called hartford for military leave. Even wrote me up for not... View More

Neil Pedersen
Neil Pedersen
answered on Feb 6, 2024

Generally you do not have a legal right to a raise, even if the employer says you are going to get one in the future. The only way a denied raise would give you legal rights is if you could prove you did not get the raise because you are in a protected class of people or because you engaged in... View More

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1 Answer | Asked in Employment Law and Employment Discrimination for Ohio on
Q: Can a business state hiring waitresses only? Is it illegal to deny a job to someone bc they have a relative working

A relative already working at the business

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answered on Feb 6, 2024

In Ohio, as in the rest of the United States, employment practices are governed by federal and state anti-discrimination laws. Specifying a preference for hiring waitresses only can be problematic because it indicates a preference for hiring based on gender, which could violate Title VII of the... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: A day before vacation I got sick. saw a doctor and got a note. my work wanted me back since i already was on meds.

My work insisted that I come in since I was on antibiotics and wasn't contagious anymore. I was still coughing and could not work. They have warned me that this is unacceptable behavior. Can I sue?

Michael Diederich Jr.
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answered on Feb 6, 2024

Whether you might have protection under the federal Family and Medical Leave Act, the Americans with Disabilities Act, or similar state or municipal law is very fact-specific.

If you had (or faked) a minor illness the day before departing for vacation (and were well enough to go on...
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1 Answer | Asked in Employment Law, Civil Litigation, Civil Rights and Employment Discrimination for Ohio on
Q: I quit a job cuz they paid male crew more than they paid me to manage but remained a patron of the establishment

I was recently banned for a private post with my personal Snapchat friends, none of whom include my former boss. However, he gained access to my post, a joke about the signs in the bathrooms that say "don't do drugs here" and banned me. I feel like I was discriminated against as a... View More

James L. Arrasmith
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answered on Feb 6, 2024

Discrimination cases typically revolve around unlawful treatment based on protected characteristics such as gender. To determine if you have a discrimination case, you should consider the following steps:

Consult an Attorney: Reach out to an attorney who specializes in employment or...
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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: My employer has reduced my hours. I informed them my availability would change for a new job he encouraged me to resign

Is that because they want to get out of paying unemployment? I already have an open Claim with unemployment just because of the reduction of hours..he told me if I changed my availability he may not be able to schedule me on my normal shifts which is only 3 days a week I had to get another job... View More

Neil Pedersen
Neil Pedersen
answered on Feb 4, 2024

It is unlawful for your employer to engage in conduct that hurts you if it is in retaliation for your exercising your Unemployment Insurance rights. It is not unlawful for your employer to alter your hours because you are not available to work when the employer needs you to work. And your... View More

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: My employer has reduced my hours. I informed them my availability would change for a new job he encouraged me to resign

Is that because they want to get out of paying unemployment? I already have an open Claim with unemployment just because of the reduction of hours..he told me if I changed my availability he may not be able to schedule me on my normal shifts which is only 3 days a week I had to get another job... View More

James L. Arrasmith
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answered on Feb 4, 2024

Under California law, if your employer has reduced your hours and this reduction has significantly affected your earnings, you may be eligible for partial unemployment benefits. It seems your employer's suggestion for you to resign could indeed be an attempt to avoid unemployment claims, as... View More

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1 Answer | Asked in Employment Law and Employment Discrimination for Pennsylvania on
Q: My GM threatened me as by stating "so if I come through that door in regular civilian clothes is the same as...

Me saying the F* word". I most recently have been wrongfully terminated for following my chain of command and not doing a job without the proper PPE. Lastly if I have been asking for a raise for my year and it's stated we get a yearly raise in our policy but 4 months later a coworker gets... View More

T. Augustus Claus
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answered on Feb 2, 2024

In Pennsylvania, you may have legal recourse if you believe you have been wrongfully terminated or subjected to employment discrimination. Threats or retaliation from a general manager could constitute a hostile work environment or retaliation, both of which are prohibited under employment laws.... View More

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I didn't get an official reason for termination. It just says "Conduct/Policy Violation" and nothing specific.

Should they provide a specific policy violation and refer to the employee handbook? (Which I never got and they never gave me after multiple attempts)

James L. Arrasmith
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answered on Jan 31, 2024

Under California law, when an employer terminates an employee, they are generally not required to provide a specific policy violation in the termination notice. However, they are required to provide a reason for the termination, even if it's a general one like "Conduct/Policy... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Colorado on
Q: I made a Discrimination complaint and I'm wondering if this is retaliation?

I have reasonable belief that my employer discriminated against me while pregnant. My supervisor said "we paused on promotion to get you through your pregnancy" I made a complaint and have since then tried to gather evidence to protect myself as I am young and have never experienced this.... View More

James L. Arrasmith
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answered on Jan 31, 2024

Based on the description provided, it does sound like you may be experiencing retaliation as a result of your discrimination complaint. Retaliation occurs when an employer, through a manager or another employee, takes adverse action against an employee for engaging in a protected activity, such as... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Employment Discrimination and Employment Law for California on
Q: 2 district managers and director of retail wore custom shirts with a quote that made fun of me to a meeting.

I reported in confidentiality but 3 days later had a visit by then and HR rep. One admitted that they told me the shirts were about me. Needless to say nine years later and I have been unfairly treated I had my manager tell me she was told to fire me but I don't do anything wrong and she won't lie.

James L. Arrasmith
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answered on Jan 31, 2024

Under California law, wearing custom shirts with a quote making fun of an employee could potentially be considered workplace harassment, especially if it creates a hostile work environment. The fact that high-level managers were involved exacerbates the seriousness of the situation. Furthermore, if... View More

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: As a plaintiff represented by an attorney in a civil in CA, is it unlawful to contact the Defendant's insurance carrier?

My case is an employment discrimination case in California. The insurance carrier is unaware that the Defendant's investigating attorney provided me a letter admitting they did discriminate against me based on my race. At mediation, (ADR) the Defendant and their Counsel pretended they had... View More

Neil Pedersen
Neil Pedersen
answered on Jan 30, 2024

You should not even consider contacting the opponent's insurance carrier. If it is wise to make such contact, you should have your attorney assist in making that decision, and if it is decided that it is wise, your attorney, not you, should make the communication. There may be good and... View More

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: As a plaintiff represented by an attorney in a civil in CA, is it unlawful to contact the Defendant's insurance carrier?

My case is an employment discrimination case in California. The insurance carrier is unaware that the Defendant's investigating attorney provided me a letter admitting they did discriminate against me based on my race. At mediation, (ADR) the Defendant and their Counsel pretended they had... View More

James L. Arrasmith
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answered on Jan 30, 2024

In California, it is generally not unlawful for a plaintiff, represented by an attorney, to contact the defendant's insurance carrier. In fact, it's a common practice in civil cases to communicate with the insurance company when pursuing a claim. Your attorney can contact the insurance... View More

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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Arizona on
Q: I am a pro se litigant in a case for discrimination offered to ask for a settlement how much should I say% of the total

Terminated from falsified docs and have a right to sue from EEOC

James L. Arrasmith
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answered on Jan 30, 2024

When considering a settlement offer for a discrimination case, it's important to assess various factors. The percentage you should propose depends on the specific details of your case, such as the strength of your evidence, the damages you've suffered, and the potential risks and costs of... View More

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