Get free answers to your Employment Discrimination legal questions from lawyers in your area.
answered on Jun 15, 2018
Was the harassment "because of sex"? Being nasty or uncivil or mean to employees is not harassment. The United States Supreme Court has said that employment laws are not a civility code. An employer might be able to call employees idiots. But not retards (regarded as disabled). And they... View More 
Asked, when requesting RELOB “are you observing one this Friday”?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 4, 2018
If you wish to be accommodated for your religious beliefs, the employer should be informed of your desired accommodation (e.g., if you wish to observe a religious holiday).
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 18, 2018
As with many legal issues "it depends." Discrimination based upon religion is illegal. On the other hand, if, for example, all police officers or hospital staff are Christian, someone still must work on Christmas and Easter.
I can still perform my job and have only 2 years until retirement.
Was demoted while off for disability leave and it seems like the company is trying to make me fail at my job or quit.
Is there a case under Americans with Disabilities Act?
answered on Apr 25, 2018
You definitely need to consult with employment lawyers on that issue. Many more facts need to be discussed before you take any action. Initial phone consultations are often no charge. Good luck.
They said i can resign from employment or be red flagged from getting another state job. Where can someone find if they have been red flagged.
answered on Apr 21, 2018
Your best defense is great performance evaluations. Keep copies of all your performance evaluations. They look for great performers and there is a shortage of them.
If you were disciplined related to performance that would not be good. They can share that info with other government... View More
I have been turning information over to the board member about how the building and grounds superintendent has been dumping chemical wast down to the septic tank and not properly taken care of. Also they had a 500 gallon fuel leak from the boilers that went down the drain to he leach field. Also... View More
answered on Apr 21, 2018
What does the board member say? Why did you contact the member instead of environmental regulators?
Did you ask for an accommodation of what might be a disability? If you are very sensitive to fumes that could have been a disability.
Will anyone in human resources confirm that you... View More
The surveillance equipment was owned and installed by an hourly employee on company property and hidden out of sight with no declaration of it's presence or intention. The camera had been in use for months to secretly record any and all persons, with no consent, making use of a well trafficked... View More
answered on Apr 20, 2018
Maybe? Are you part of management or do you own the company or the building?
A well trafficked area could be a restroom and that would certainly not be legal. We all have expectations of privacy there.
Analysis. Assuming you do not work for the government, did surveillance cause... View More
Been on FMLA since 01/25/18 . Worked with JetBlue at JFK in NY since 02/04/10 . Jetblue took away my flying benefits for over 50 days while on a FMLA and also many other employee benefits . Also I was blocked out of my employee intranet to make use of my benefits or even be able to communicate with... View More
answered on Apr 10, 2018
There may be violations of the FMLA and state laws. A case evaluation may be worthwhile.
My friend's employer is asking him to show proof that he has terminated ties with a startup he founded or be terminated by 1st May. His reason is because one of his clients is working on a similar app (not true as their app is completely different from the app that the startup has been working... View More
answered on Apr 8, 2018
Have you friend talk to an attorney and bring his offer of employment and other paperwork.. Giving you advice to give to your friend is like playing telephone. I have no idea what is in the contract, what was done at the time of employment or what the demand letter says.
Normally an at will... View More
I have been plowing sense 2010 every winter for 4 hrs a night with a truck that has exhaust fumes and antifreeze fumes that enters the cab. Sense then i have constantly ask to have it fixed and they never did and one time was told to crack the window by the supervisor. Sense then i have noticed... View More
answered on Apr 7, 2018
Timely challenge your firing with the union. Speak with your union rep and union lawyer immediately.
File unemployment benefits claim and win it.
Possibly file a workers compensation claim with a work comp lawyer consultation.
answered on Apr 6, 2018
That is a very interesting question. There is no clear answer.
Sometimes a person who legally has access to payroll data can bring an action on their own behalf but personnel is probably one of the few areas where more equal pay exists.
Males might share their pay with you or agree... View More
I am located in NYC. No comp plan presented until 6 months into my job. My first commission check was 4 months late. Q1 comp plan was presented end of January that I did not mutually sign or agree to. I was also paid a couple hundred dollars less on a deal than what was proposed. The company also... View More
answered on Apr 3, 2018
You can sue. The amount at issue governs which court and the price.
Is it legal in NY to control how often an employee go to the restroom?
if I am salaried on sales commission, is it required in NY to provide commission statements?
I am salaried hourly based, but not paid overtime. Should I be paid for any overtime?
Thank you
answered on Mar 23, 2018
Generally, the employer may control the conditions of the workplace. An employer may require that lunch not be eaten at the desk in most usual cases, barring any handicap, reasonable accommodation. In terms of restroom accommodations, you would have to provide more information. Again, in the... View More
Is it legal in NY to control how often an employee go to the restroom?
if I am salaried on sales commission, is it required in NY to provide commission statements?
I am salaried hourly based, but not paid overtime. Should I be paid for any overtime?
Thank you
answered on Mar 7, 2018
What does your sales commission agreement state? The reason for requiring commission sales agreements is so that employees know how much they will be paid, how the commission will be calculated, and when it will be deemed earned. It's so challenging and such a high turnover in that field that... View More
I was demoted from Associate role into admin role in 2016, however, my company lied about it. I told manager about excessive admin work and she was not happy and started to harass me almost weekly with bullying tactics and doing double standard treatment. I also did not receive overtime for admin... View More
answered on Mar 20, 2018
You may have a claim for unpaid overtime under FLSA and NYLL depending on what your position and duties were. We need further information to evaluate your claim so a consultation may be worthwhile. You can claim constructive discharge - i.e. the conditions being unbearable that any reasonable... View More
Supermarket agency contacting because they want to resolve this, what should i do? Should i get a lawyer? They demoted me after i came back from a stillbirth maternity leave, they also didnt accommodate me when i was pregnant after receiving note from my doctor telling them i was a high risk... View More
answered on Mar 19, 2018
Call some employment lawyers. If your former employer is interested in resolving you have a case. The big question. What will it take to resolve it so both sides agree? That takes skill.
pertaining to new york state laws ?
answered on Mar 8, 2018
New York is a 1 party consent state. Which means one person in the conversion has to give permission to be recorded. What you are suggesting is not going to fly.
I was given an conditional discharge and pled guilty to a non criminal offense but I’m concerned that this may be lurking in my records at NICS. (Mental health. Sorry. Autocorrect).
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2018
No - People v. Torrezo - Mental Health, Alcohol/Drug Treatment (and HIV/AIDS) Records are "significantly more sensitive and thus more protected under HIPAA. Unless you signed a HIPAA release form and clicked the 2 (of 3) boxes referencing the "extra protected" types of HC info you... View More
I am 55 and worked for employer 25 years prior to lay off
answered on Feb 17, 2018
You need to retain a work comp lawyer ASAP. They charge nothing unless they win. The percentage or fee they can charge is strictly controlled by state law. Lawyer up now. The employer is certain to have many defenses to challenge a late notice of claim.
I was released from my job after 3 years and 3 months After a few days without any warning I was brought into the office. In my first meeting ever held with the supervisor and HR my medical condition was asked and I stated my condition which the company knew of for many years. In which they negated... View More
answered on Feb 16, 2018
It depends on the facts.
How was your performance overall during those years?
Were you on notice?
What actions did you take?
What did you disclose to your employer?
An employer can not assume that you have some medical condition nor can it force you to ask... View More
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.
