Get free answers to your Employment Discrimination legal questions from lawyers in your area.
Have 30 days to seek review in New York State Supreme court
answered on Oct 10, 2017
Retain an attorney who handles supreme court cases and do not miss any filing or appeal deadlines.
answered on Oct 9, 2017
It depends on the reason for the retaliation. If you are retaliated against because you complained of illegal discrimination, harassment, or because of workplace safety violations, you may have a retaliation cause of action. If you are retaliated against for other reasons such as refusal to... View More 
Title VII of the civil rights act seems to contain the following exemption for "unlawful employment practices":
(f) Members of Communist Party or Communist-action or Communist-front organizations
As used in this subchapter, the phrase “unlawful employment practice”... View More
answered on Oct 9, 2017
While this language, and other "witch hunt" language against Communist Party members is archaic, it is contained in Title VII, and to my knowledge has never been abrogated by the Supreme Court on First Amendment grounds, so on its face, Title VII does not apply to Communist Party Members.... View More
Co hired new bkgtound co and gr larceny felony came up. Asked if I have waiver which I never was told i needed one. I enroll people for insurance which doesn't req a license
answered on Sep 29, 2017
Google ban the box or Fair Chance Act NYC.
Call us if you lose the job which you should not unless special circumstances.
I only had a passport and no social card but they insisted they needed to have my physical card or get a receipt of request. I got the receipt from the ss office and the employer ask did I have a copy of my social card and I gave that to them and then they were requesting my passport. The company... View More
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answered on Sep 27, 2017
Acceptable forms of ID should be on the I9 instructions themselves. Read it.
I was employed by Kartan trucking company for the past 9 years. I worked with Kartan Trucking company as a subcontractor for my own messenger/courier service,Lag Express. During the time I spent working with Kartan, I experienced harassment on numero us occasions from co-workers and management. I... View More
answered on Sep 11, 2017
Please consult with an employment lawyer sooner than later. Statutes of limitation run 300 days or 1 year from when you were fired. If you quit that will require a very careful analysis. If you were an IC that could be even more complicated.
I was arrested for a felony marijuana possession that will be dropped to a misdemeanor bc of incorrect weighing and need to fill out a background screening to volunteer to teach religion. Will a MO, unresolved, arrest show on the screen in NY?
answered on Sep 10, 2017
Don't know. Maybe not until final disposition? Ask a criminal defense lawyer.
Examine your application for employment. If it asked about arrests and you do not get job you may have a cause of action?
I am a teacher in a private school and before the summer, an administrator of the school spread a rumor that another teacher and I were having an affair on school property. This was completely untrue. We informed the school that we would not be returning if this person was not fired and we were... View More
answered on Sep 3, 2017
If you quit then constructive discharge would need to be proven. You would need to show that what was done to you was so bad that no reasonable teacher would have stayed. You will not likely recover unemployment benefits with these facts so I don't know how you would prove constructive... View More
answered on Aug 29, 2017
Does the employer have a legitimate reason not because of sex or pregnancy for doing that?
You should discuss with an employment lawyer. Employment law questions can rarely be answered yes or no. The answer is usually "it depends." And that can take a half hour or longer in... View More
In 2008, in Oklahoma, I received a misdemeanor charge. It became a felony when I was unable to pay the fines. While applying for a job with the City of Rochester, the background check revealed this and U.S. Marshall's arrested me. Oklahoma does not want to extradite me however they refuse to... View More
answered on Aug 28, 2017
Maybe.
You probably need to hire an Oklahoma criminal defense lawyer. Something needs to be done about the felony in Oklahoma. Since I do not practice criminal law that is a question for criminal defense counsel.
Once you clear up Oklahoma, New York should no longer be an issue.
I was terminated and was contacted a week later by HR for passwords for some passwords to tablet and Ipad. None devices were officially assigned to me and not sure why my employer is contacting me upon termination
answered on Aug 17, 2017
The computer was your employer's? You know the password? And you don't want to tell them because they denied your unemployment benefits or for some other reason? If a potential future employer calls this employer to comfirm your employment you want to give your old employer more to... View More
answered on Aug 8, 2017
You may want to ask a collections attorney (corporate civil litigation) or debtor creditor, possibly bankruptcy lawyer.
Termination was in both cases due to budgetary cut not work performances. After I left first group they hired in a matter of max 2 months somebody else on exact same job. Currently I got terminated within the 2nd group because an Indian woman manager did not like my white Caucasian origins. From... View More
answered on Jul 30, 2017
I am sorry to hear about your situation. You have options. You should sit down with an employment lawyer to go over what they are. Many attornies will offer a free consultation. You can file a complaint with the New York City Commission on Human Rights if you were working in New York City or the... View More
I live in NYS but worked for a small, company based in CA for the past 2.5 years. I was suddenly laid off, along with another woman (we make up 66% of the female workforce at this company) with no notice, under the guise that they were running out of money. I was also told, that they thought I... View More
answered on Jul 28, 2017
Maybe?
Are they really running out of money? What will your damages possibly be? How will you collect?
Much depends on what you did how much you made and in what industry.
Call some lawyers who limit practices to employment law. Most of us will discuss with you no charge.... View More
I'm the only foreigner in my department. My boss referees to me only as "you" while st others calls by name. Also for ither employees he brigs signed documents in person but for me he lives them at another floor without even letting me know that he left them there. He also talks to... View More
answered on Jul 27, 2017
Have you asked him why he does that?
If he is not approachable go to human resources and tell them what you think is happening.
There may be an explanation but "you" is probably because he either can not pronounce your name correctly or is afraid of mispronouncing it or... View More
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answered on Jul 24, 2017
Most likely yes. I say most likely because this appears to be an employment at-will scenario in which case any superior can, within the scope of his responsibilities fire an employee with or without any cause.
I worked for a doctor, a patient who is a personal friend of his told him I spoke to her in an unprofessional way. He never asked my side and fired me after I had come in to open his office, several days after initially hearing his friend's side of the story. I feel like it's a defamation... View More
answered on Jul 22, 2017
File a claim for unemployment.
You should recover benefits. Consult with an employment lawyer If the employer challenges your entitlement.
Were any of those patients who relied on the false statements going to offer you money but for the false statements? Meaning you intended to... View More
To underpay you, cutting down the hours you faithfully did for the companies own benefit. This company even has and it's doing illegal activities. Or to falsificate your signature to fire you from your job.
I would like to see the potential of my case. Thank you & Enjoy your day.
answered on Jun 29, 2017
If your employer falsified your signature that is definitely illegal.
They must have done the same for other employees also. They will be good witnesses and likely suffered damages.
How many employees did this happen to?
These are great lawsuits especially when it looks like... View More
She makes it uncomfortable for me to work and pickup hours by taunting with me and doing sneaky things to me so I won't work
answered on Jun 20, 2017
Assuming you
1) Have no written contract
2) Have no union with collective bargaining agreement
3) Have no civil service protection - you do not work for a government body
Then you are at will. Your employer needs no reason to fire you UNLESS
**** You can... View More
Discrimination, perhaps? A friend of mines was banned from becoming a member of a popular gym (that he was a member, and an employee) for being accused of training someone, on his off day? He mentioned that he was hired as a salesman, and most of the people he tried to sale personal training... View More
answered on Jun 12, 2017
From everything, you described there is no mention of discrimination. Jus that he was banned for training someone on his off day at the gym. Being passed over for promotion or even having a horrible boss are generally not enough to win a law suit. If your friend has specific examples of being... View More
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