You need to amend your Form 5 EEOC charge while it is still at the EEOC or file a new one ASAP if you have not missed the filing deadline. Adding parties regarding claims that the EEOC has jurisdiction over is not a good idea. You might miss a statute of limitations deadline and/or the Court might...Read more »
The fall at Northwell Health Lij resulted in a life threatening situation for my daughter and I , and I underwent 2 back surgeries. I had to leave my home and move in with my parents for financial and medical reasons. It led me to file section 32 which required me to resign, however the resignation... Read more »
Consult with personal injury lawyers. Maybe a third party lawsuit? Constructive discharge is very difficult to prove. You were either able to perform your job duties with accommodation or were not. Did you request any type of reasonable accommodation and if it was reasonable and not an undue...Read more »
About 2 months ago I was fired from my factory job. I was accused of causing harm to a coworker, which is totally false. The accuser lied about what happened and lied about having witnesses. I was fired that day and filed a grievance. I tried to get ahold of my union rep but i haven't heard a thing... Read more »
We run an after school program and pay our employees hourly. Their employment ends when the school year ends. We ask them if they want to come back for the following year. Can I not ask someone to come back or tell them that we do not want them back? Is it technically not firing them or am I... Read more »
You can be fired for a good reason, bad reason or no reason at all as an "at will" employee. If you are non union, non civil service, or do not have a written contract of employment you are probably at will. Being in the bathroom is not an illegal reason to fire someone unless you told your...Read more »
I bought on a friend to and was due to be paid a referral bonus after he completed his 90 days employment. On the 91st day, I was suddenly laid off and now the employer refuses to pay out the referral bonus. I was given a severance if I signed my separation paper, which explicitly states I can now... Read more »
I’m looking to file a lawsuit against the FDNY for the ongoing discrimination, assaults and mistreatment against people of color. The FDNY has been able to continue this behavior for over 150 years with little resistant. Due to the previous lawsuits that lasted several years I have had one time... Read more »
Unfortunately, the information you’ve given in your question is not specific enough to determine whether you have grounds for a lawsuit. You should contact an experienced employment attorney in your area and discuss the particulars of your situation.
I am working on EAD for City Agency since 2015. I got married in 2017 and requested employer for H1b(Cap exempt based on pending AOS), so my spouse can join me in USA on H4. Employer denied me, though, he has been applying H1b for other employees. I am separated from spouse for last 2 years and for... Read more »
There is probably know way to "force" your employer to help you bring your spouse to US, nor keep you as an employee. You really need to retain an experienced immigration attorney to find out your other options. H1B is not a Visa that will enable you to have what you want and there is no legal...Read more »
You have an unsafe workplace. If your union won't do anything about it I suggest you contact a member of the NYState Trial Lawyers Assn who handles employment issues. You may have to try a number. Try the National Employment Law Project: https://www.nelp.org/
I have gone to my manager multiple times about issues and concerns that I have and every time I am told that they will try to work with me, I suffer from pretty severe anxiety and I have mentioned it and I am put in situations that raise my anxiety and put me and those I give services to in danger.... Read more »
Wrongful termination in the strict meaning of that term does not exist.
We look for discrimination. If an employer does not like an employee that is not illegal. If an employer discriminates against an employee because the employee belongs within a protected class of employees that is...Read more »
Any lawyer who answers your question better have reviewed your employee handbook, any contract you may have entered, wage notices required by the Wage Theft Prevention Act, pay stubs, receipts, and basically any other paperwork you may have signed or consented to. If you choose not to proceed that...Read more »
Hello - I think my husband has been discriminated because of his disability.
He is a competitive class worker laid off from CUNY after 16 years. He had to take two FMLAs in the past two years. In Feb 2018, after returning from sick leave he was told to request transfer to another campus,... Read more »
If you are worried that your employer may act in a discriminatory or retaliatory fashion, it is always best to consult with an employment lawyer BEFORE the employer takes adverse action. Some employment lawyers offer free telephone consultations.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.