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Employment Discrimination Questions & Answers
2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can I file a hostile work environment law suit against my employer?

I work as a Security Officer and lately my supervisors had created a hostile work environment against me, one supervisor scream at me for my length of my hair, the other called me over the phone yelling that my shift started at 1 pm when I was just entering to the property and now I got suspended... View More

James L. Arrasmith
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answered on Mar 5, 2024

In California, the legal framework for addressing workplace disputes includes protections against a hostile work environment. This type of environment is typically one where actions, communication, or behaviors make it difficult for an employee to perform their work due to discrimination or... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can I file a hostile work environment law suit against my employer?

I work as a Security Officer and lately my supervisors had created a hostile work environment against me, one supervisor scream at me for my length of my hair, the other called me over the phone yelling that my shift started at 1 pm when I was just entering to the property and now I got suspended... View More

Neil Pedersen
Neil Pedersen
answered on Mar 4, 2024

Unfortunately the term "hostile work environment" does not have the legal meaning you think it does. A hostile work environment as most people would understand that phrase is not the same as the law sees a hostile work environment. To be an illegal condition in the workplace, you would... View More

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Q: grooming policy states it is discretionary by boss to shave beard. multiple coworkers do not have to. do i ?

multiple co-workers are allowed to have facial hair including my supervisor. Why do i have to shave?

James L. Arrasmith
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answered on Mar 3, 2024

If your workplace grooming policy states that the decision to require shaving is at the discretion of your boss, it implies that there is room for individual judgment on whether or not an employee needs to shave their beard. The fact that your co-workers, including your supervisor, are allowed to... View More

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Can a company install a negative annual performance review for former employee after employee already left company?

I am an engineer, 57 years old, worked for a subsidiary of a China company in California for 1 year and 8 months. I was suddenly laid off. Company told me that it is a workforce reduction due to position elimination. Then we started discussing about the severance.

At 02/22, I met them... View More

Neil Pedersen
Neil Pedersen
answered on Mar 2, 2024

There is nothing unlawful about an employer placing a negative performance review or other kind of negative paperwork into your file after you have left the company. The only way something like that would be potentially unlawful is if it was untruthful and it was motivated by your membership in a... View More

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Can a company install a negative annual performance review for former employee after employee already left company?

I am an engineer, 57 years old, worked for a subsidiary of a China company in California for 1 year and 8 months. I was suddenly laid off. Company told me that it is a workforce reduction due to position elimination. Then we started discussing about the severance.

At 02/22, I met them... View More

James L. Arrasmith
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answered on Mar 2, 2024

In California, employment law generally favors at-will employment, meaning that both the employer and the employee have the freedom to terminate the employment relationship at any time, for any reason, as long as the reason is not illegal. However, the situation you described raises questions about... View More

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1 Answer | Asked in Employment Law, Civil Rights, Constitutional Law and Employment Discrimination for Colorado on
Q: Was it against the Constitution Or the Nuremberg codeTo require a experimental vaccine for employment.

The Nuremberg code Was adopted by the United States after the atrocities that happened during World War II and before in Nazi Germany. With that was the vaccine mandate illegal?

James L. Arrasmith
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answered on Feb 28, 2024

It's important to recognize that legal interpretations and implications of vaccine mandates for employment can vary and may be subject to debate. The Constitution and the Nuremberg Code serve as guiding principles, but their application to specific situations can be complex and nuanced. While... View More

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: What rights do intermittent employees have when filing a discrimination complaint in the workplace to HR?

I was a CSU union employee for 7yrs and I wasn't informed until January 3, 2024 that my contract was terminated on June 30, 2023. I was employed under a temp status and my contract was renewed each year based on work performance, except for 2020 due to being laid off during the pandemic. I... View More

James L. Arrasmith
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answered on Feb 28, 2024

Under California law, the rights to file a discrimination or retaliation complaint do not solely depend on the employment status, whether you are a permanent or intermittent (temporary) employee. The California Fair Employment and Housing Act (FEHA) prohibits discrimination, harassment, and... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for California on
Q: Why do employment lawyers not take any cases until you are terminated?

I experienced retaliation, discrimination, after disclosing my disability.

James L. Arrasmith
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answered on Feb 28, 2024

In California, employment lawyers may wait for a termination to occur before taking a case for several reasons, related to both strategy and legal practicality. Firstly, termination provides a clear and definitive action that can be challenged legally, often creating a stronger case for wrongful... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for California on
Q: What can you do in a situation when a manger showed favoritism and another supervisor said you was rehire able

The reason I believe that this happen to me because I was informed by the highest in charge over one before Keith hosking that I was rehireable after he left the store and it was not going against me that he did not put anything in the computer that would make not rehireable my father was there... View More

James L. Arrasmith
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answered on Feb 28, 2024

In California, dealing with workplace issues like favoritism or being unfairly marked as non-rehireable can be challenging, but there are steps you can take to address the situation. First, it's essential to document all interactions related to your employment status, including conversations... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for California on
Q: What rights do intermittent employees have when filing a discrimination complaint in the workplace to HR?

I was a CSU union employee for 7yrs and I wasn't informed until January 3, 2024 that my contract was terminated on June 30, 2023. I worked in the production department as a stage technician for the campus performing arts center. I was employed under a temp status and my contract was renewed... View More

James L. Arrasmith
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answered on Feb 28, 2024

Under California law, all employees, regardless of their employment status—whether permanent, temporary, or intermittent—have the right to file a complaint about discrimination in the workplace. This right extends to filing a retaliation claim if you believe you were terminated as a consequence... View More

1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for California on
Q: If a medical clinic (PA) falsified information on my medical physical exam, can I sue?

I was in the process of getting hired to a company, however I needed to take the Dot/physical exam and medical exam. The Physician Assistant who examined did not do a thorough exam, which in turned cost me a career. The PA explained to me that I didn’t pass due to my past medical history which... View More

James L. Arrasmith
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answered on Feb 27, 2024

Under California law, if you believe a medical clinic or a healthcare provider has falsified information on your medical examination, you may have grounds to sue for damages, especially if this action has directly impacted your employment opportunities. Falsification of medical records is a serious... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination on
Q: My brother resigned after 38 years. He had many accused hours earned and was told due to resigning, an they never paid i

Alot money he was saving till retired. We just learned that may not be true. Can he make them pay him he needs earned it! Please advise his wife terminal needs bad.

James L. Arrasmith
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answered on Feb 24, 2024

I'm sorry to hear about your brother's situation. If he earned accrued hours during his 38 years of service and was promised payment upon resignation, he may have legal grounds to pursue the compensation he is owed. The first step would be to review any employment contracts, policies, or... View More

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: What's a mutual dispute resolution agreement ? My employer hasn't talked to me , about this I just found it on the app7:

Whats is it? Should I sign , my employer hasn't told me anything to communicate with me r

. I open the ADP app and they se t me this trip there,

James L. Arrasmith
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answered on Feb 24, 2024

A mutual dispute resolution agreement is a contract between an employer and an employee that outlines how disputes will be resolved outside of court, often through arbitration or mediation. This kind of agreement typically aims to provide a quicker, less formal, and often less costly resolution to... View More

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Do I have a case for discrimination/retaliation at work?

Upon returning from an approved leave of absence, I have been asked directly about the reason for my leave by my supervisor, there's been implications as to why I was on leave due to issues that arose in my absence and I am now being reassigned work.

James L. Arrasmith
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answered on Feb 24, 2024

In California, employment laws provide strong protections against discrimination and retaliation, especially concerning leaves of absence that fall under protected categories, such as medical leave or family leave. If you were on an approved leave, your rights during and after this period are... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Do I have a case for discrimination/retaliation at work?

Upon returning from an approved leave of absence, I have been asked directly about the reason for my leave by my supervisor, there's been implications as to why I was on leave due to issues that arose in my absence and I am now being reassigned work.

T. Augustus Claus
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answered on Feb 23, 2024

It's illegal in California to discriminate against employees based on protected characteristics, including medical conditions, and to retaliate for taking approved leave. Being asked directly about your leave's reason and facing implications based on assumptions about your absence could... View More

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2 Answers | Asked in Employment Law, Civil Rights and Employment Discrimination for Louisiana on
Q: If salary and sick days exhausted d can my pay be reduced for calling in sick or leaving early sick

5 sick days per year and no vacation until employed over a year I've been employed 8 months I'm salary my pay has been deducted for leaving early sick or calling in sick is that allowed.

James L. Arrasmith
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answered on Feb 23, 2024

As an employee, your employer may have the right to reduce your pay for days you call in sick or leave early due to illness, especially if your salary and sick days have been exhausted. However, whether this reduction in pay is allowed depends on the specific terms outlined in your employment... View More

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1 Answer | Asked in Employment Law, Civil Litigation, Civil Rights and Employment Discrimination for Oklahoma on
Q: I want to negotiate prior to lawsuit, do I send a letter of demand or a letter of intent? Do I include evidence?

I have filed a disability discrimination claim against my former employer and have no legal representation. I want to settle out of court, they offered $10,000 during the EEOC process. Do I need to do a letter of demand or letter of intent or can I just use my own words and ask them to negotiate?

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answered on Feb 23, 2024

In your situation, you can choose to send either a letter of demand or a letter of intent to your former employer to initiate negotiations. A letter of demand typically outlines your legal claims, the relief you are seeking, and a deadline for the employer to respond before legal action is pursued.... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Have my employment rights been violated?

I was unofficially fired, now being forced to beg supervisor to keep my job. Fired for leaving during my shift. I left because I was suffering from injuries obtained that same morning from a DV attack at home. I was only recently informed of VESSA. I do not believe my employer has any posting for... View More

Cynthia Pietrucha
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answered on Feb 22, 2024

Based on the details provided, it appears that your employment rights may have been violated under the Illinois Victims' Economic Security and Safety Act (VESSA). VESSA provides certain rights to employees who are victims of domestic or sexual violence, or who have family or household members... View More

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Is this retaliation, whistle-blower and defamation of character? I filed complaints against my employer and then I was

Accused of something I didn't do and terminated. This jeopardizes my chances of future employment with the city. Some of the complaints I filed were unfavorable and unsafe work conditions, hostile work environment, not receiving ppe or training, being harassed about taking my lunch at a set... View More

Neil Pedersen
Neil Pedersen
answered on Feb 22, 2024

Based on the little bit of information learned from your post it is possible you have meritorious legal claims. However far more would need to be learned before anyone could clearly determine that conclusion.

If you can prove that you were terminated because you complained to your employer...
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Is this retaliation, whistle-blower and defamation of character? I filed complaints against my employer and then I was

Accused of something I didn't do and terminated. This jeopardizes my chances of future employment with the city. Some of the complaints I filed were unfavorable and unsafe work conditions, hostile work environment, not receiving ppe or training, being harassed about taking my lunch at a set... View More

James L. Arrasmith
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answered on Feb 22, 2024

In California, whistleblower protections are designed to safeguard employees who report illegal or unsafe work conditions from retaliation by their employer. If you filed complaints regarding unfavorable and unsafe work conditions, harassment, and other issues related to your employment and were... View More

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