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Employment Discrimination Questions & Answers
1 Answer | Asked in Workers' Compensation and Employment Discrimination for Texas on
Q: I was fired from my job one week after filing a worker’s comp claim. Is this something an attorney needs to handle?

Physician ordered head CT scan and was approved by WC.

John Michael Frick
John Michael Frick
answered on Sep 4, 2024

It is illegal to terminate an employee in retaliation for filing a WC claim. The timing raises the suspicion that you were terminated for filing your workers compensation claim. Of course, there may be other legitimate reasons why you were terminated. For example, an employee may be terminated... View More

1 Answer | Asked in Employment Discrimination for New Hampshire on
Q: Do you take on sexual harassment and retaliation cases?

I work at a warehouse in Manchester, NH. I have experienced sexual harassment and retaliation. Also, the human resource manager is saying that I can't report verbal sexual harassment to her because she doesn't want to deal with disgruntled employees. Is there someone who can help me with my case?

Tim Akpinar
Tim Akpinar
answered on Aug 16, 2024

A New Hampshire attorney could advise best, but your question remains open for over two weeks. From your post, it looks like you're seeking an attorney to handle a case. You'd need to reach out to law firms and pose your question to them. This is only a Q & A forum. You could find... View More

2 Answers | Asked in Civil Rights, Employment Law and Employment Discrimination for California on
Q: Can a manager say you cant transcribe 1 on 1 meetings even though, they know it is used for your disability?

I have PTSD disability that can cause me to have brain fog now and then so at times during work meetings regarding my professional development and my work ethic, I turn on Transcriptions so that I can better follow along with their words which will help me also better understand and retain the... View More

Neil Pedersen
Neil Pedersen
answered on Sep 4, 2024

To protect yourself, get a doctor note that discusses your restrictions and the accommodation of using transcription to address that restriction. Give that note to your employer. That note will trigger a legal obligation to work with you to find a way to make it possible for you to do the... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Employer fired me after i filled a lawsuit against them.

After i filled the lawsuit the retaliation begin to happen from my boss then i reported it to HR and a few weeks later i was fired. The lawsuit was closed and the verdict was that i was permanently disabled i had requested to be on leave and was denied . What can i do

Steven M. Chanley
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answered on Sep 1, 2024

Your best option is to contact your nearest County Bar Association and ask for a referral to a competent employment law plaintiffs' attorney. Your situation will require that an attorney meet with you to gather and analyze all of the relevant facts and documentary evidence available before... View More

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1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: I was granted permission to sue my employer in December 2023 and they have been retailing sense. What can I do?

The company has done so many things and I have it all documented in audio recordings, emails and text messages. I have had my schedule changed when coming back off of vacation time without being told. The manager that told me his leadership was telling him to skip steps of the attendance policy was... View More

John Michael Frick
John Michael Frick
answered on Jul 23, 2024

If you were issued a "right to sue" letter by either the EEOC or the TWC, the time to file a lawsuit is 90 days from the date of the letter for a federal lawsuit and 60 days from the date of the letter for a Texas state court lawsuit.

In Texas, arbitration agreements are usually...
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1 Answer | Asked in Employment Law, Employment Discrimination and Federal Crimes for Pennsylvania on
Q: I'm being forced to settle out of court on fmla case. My lawyer is not doing anything. What can I do?

I was out on fmla as inpatient at a facilty. The facility said they will contact my job, they did not. I got fired for abandonment. Showed them all proof needed where I was and they did not care. They upheld there decision. I got lawyer and filed suit. I filed unemployment and now there saying they... View More

James L. Arrasmith
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answered on Jul 21, 2024

It sounds like you're facing a challenging situation. First, consider getting a second opinion from another lawyer who has experience with FMLA and employment law. They can provide you with advice tailored to your case and help ensure that your rights are protected.

Document everything...
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1 Answer | Asked in Employment Discrimination, Federal Crimes and Gov & Administrative Law for Oregon on
Q: I'm holding evidence of sexual assault that the jail refused to submit

I was asking to sue for CUSTODIAL MISCONDUCT

James L. Arrasmith
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answered on Jul 21, 2024

You have every right to seek justice for the misconduct you've experienced. First, gather all evidence and documentation related to the incident and the jail's refusal to submit it. This might include witness statements, medical records, and any correspondence with jail authorities.... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Texas on
Q: I was sexually harrased at 1st day of work I rented a room for a week and a half so he offered work for room and board

and $25 he showed me my 1st room to clean but it was already clean so I felt uncomfortable as it was because he kept coming in and out of room for towels soap etc but I needed the job. So he took me to a far in back.he never left room n kept saying sex sex for 25 but I SD no I need work money so he... View More

James L. Arrasmith
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answered on Jul 21, 2024

I'm so sorry to hear about your experience; it must have been incredibly traumatic. You should know that what happened to you is not your fault, and there are steps you can take to seek justice and support. Reporting the incident to local authorities is crucial as it can help prevent this... View More

1 Answer | Asked in Employment Discrimination and Civil Litigation for Texas on
Q: If a person is deposed, does he/she legally have testify in a deposition?
John Michael Frick
John Michael Frick
answered on Jul 15, 2024

If the person is a party or receives a subpoena, yes that person legally must testify. It's the same as being subpoenaed to testify in court.

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: I’m a salary employee who works for corporate was forced to work on a paid holiday when everyone was off

I have worked for the company for 4 years and have received the same holidays off with pay I switched to a different department which is still part of corporate office. We was the only team who was forced to work.

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

Businesses can legally open and staff on holidays. Unless you are subject to a union contract, individual employees are free to contract with their employer as they choose unless the specific matter is precluded by law.

1 Answer | Asked in Employment Law, Personal Injury, Employment Discrimination and Libel & Slander for Texas on
Q: A year ago, I discovered my boss was spreading lies to fire/bully me out of my job.

My boss tried to fire me by spreading false rumors that I was threatening and bullying coworkers. She falsely claimed in a group chat with other managers that I was a gangster and mentally unstable. The store HR representative accused me of being a warlock/witch who casts spells. After discovering... View More

John Michael Frick
John Michael Frick
answered on Jun 28, 2024

Employment discrimination requires proof that your employer took adverse employment action against you based upon an unlawful reason such as your race, color, nationality, ethnicity, sex, age, disability, religion, or pregnancy. Your employer can lawfully take adverse employment against you based... View More

1 Answer | Asked in Cannabis & Marijuana Law, Employment Discrimination and Employment Law for California on
Q: AB 2188 says employers can no longer test employees for non psychoactive chemicals found in marijuana.

My employer has stated that they will still test for non psychoactive chemicals found in marijuana through a urinalysis if they decide there is just cause. EX: “Employee has red eyes” or “There was an accident in the work place.” I can’t find any literature in the bill that states these... View More

James L. Arrasmith
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answered on Jun 27, 2024

To answer this question accurately, we need to examine AB 2188 and its implications for workplace drug testing in California. Here's an analysis of the situation:

1. AB 2188 Overview:

AB 2188, which went into effect on January 1, 2024, amends the California Fair Employment and...
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1 Answer | Asked in Civil Litigation, Contracts, Employment Discrimination and Employment Law for California on
Q: My question pertains to employment law and hiring discrimination.

If a person is entitled to a copy of their credit report after being denied credit based on one or more derogatory marks enumerated within, and similarly, if a person is entitled to a copy of their ChexSystems Disclosure Report if they are denied the opening of a checking account for having a... View More

James L. Arrasmith
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answered on Jun 25, 2024

Your question raises several interesting points about employment law, hiring practices, and potential discrimination. Let's break this down step-by-step:

1. Credit Reports and ChexSystems Disclosures:

You're correct that consumers are entitled to free copies of their...
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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: My boss is trying to retaliate against me when I provided law saying he has to pay me within 72 hours of quitting.

Changing details because I did not know it was public no need to answer

James L. Arrasmith
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answered on Jun 25, 2024

Under California law, your employer must pay you all wages due within 72 hours if you quit without providing at least 72 hours' notice. If you gave at least 72 hours' notice, you should receive your final paycheck immediately upon quitting. This is mandated by the California Labor Code... View More

Q: I was fired a few Years ago because of my Disability, Also this same Health Care Facility spread Damaging Rumors

The Damaging and Personal attacks this Health Care Facility has spread has prevented me from getting Jobs in this town, Even my Firing was not my Fault. The personal attacks has damaged my Personal Life and Family Life

The Administators tried everything to push me out

All of this... View More

Tim Akpinar
Tim Akpinar
answered on Jun 22, 2024

What you describe could be a tough case. Whether the attorney who dismissed the prospects of a disability case or HIPAA case was an employment law or health care law attorney, defamation-based cases can be costly. Your frustration of what was done to your reputation is understandable, but it could... View More

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Q: I was fired a few Years ago because of my Disability, Also this same Health Care Facility spread Damaging Rumors

The Damaging and Personal attacks this Health Care Facility has spread has prevented me from getting Jobs in this town, Even my Firing was not my Fault. The personal attacks has damaged my Personal Life and Family Life

The Administators tried everything to push me out

All of this... View More

James L. Arrasmith
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answered on Jun 26, 2024

I understand you're facing a difficult and complex situation. Based on the information you've provided, there are several potential legal issues at play here:

1. Disability discrimination: If you were fired due to your disability, this could violate the Americans with Disabilities...
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1 Answer | Asked in Employment Discrimination and Employment Law for Georgia on
Q: work in Georgia, I am about to put in my two weeks notice but I’m negative 60 hrs PTO.can the recoup from my last check?
James L. Arrasmith
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answered on Jun 22, 2024

In Georgia, employers are generally allowed to deduct negative PTO balances from an employee's final paycheck, provided this policy is clearly stated in the employment agreement or company policy.

Key points to consider:

1. Check your employment contract and employee handbook...
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2 Answers | Asked in Education Law, Employment Law, Employment Discrimination and Federal Crimes for California on
Q: do i have a valid case to sue if i have proof of all things listed Against a school district ?

Wrongful start date they have me started in 2019 i started in 2016

they say was hired as a subsitute and had 3 years of probation befor being fully hired

Missing earned wages

no last pay

kept all my bonus wages

tamperd with my accounts to change time... View More

James L. Arrasmith
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answered on Jun 22, 2024

Based on the information you've provided, it appears you may have several potential legal claims against the school district. However, to determine if you have a valid case, you would need to consult with an employment lawyer who can review all the evidence and details of your specific... View More

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2 Answers | Asked in Education Law, Employment Law, Employment Discrimination and Federal Crimes for California on
Q: do i have a valid case to sue if i have proof of all things listed Against a school district ?

Wrongful start date they have me started in 2019 i started in 2016

they say was hired as a subsitute and had 3 years of probation befor being fully hired

Missing earned wages

no last pay

kept all my bonus wages

tamperd with my accounts to change time... View More

Neil Pedersen
Neil Pedersen
answered on Jun 22, 2024

Your list of complaints suggest that you might have legal claims. However in that list you say you signed a separation agreement. If you did, and if you were in any way compensated for that agreement, and if that agreement contained a release of claims, you have have walked away from any... View More

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1 Answer | Asked in Criminal Law, Employment Discrimination, Employment Law and Federal Crimes for Nevada on
Q: Can I demand due wages plus $5000/day for penalty and emotional distress for non-payment of wages?

I have demanded pay for 6 weeks from my employer with no avail.

James L. Arrasmith
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answered on Jun 21, 2024

Here's a concise response to your question about demanding wages and penalties in Nevada:

1. You have the right to demand unpaid wages from your employer.

2. Nevada law allows for penalties for non-payment of wages, but not $5000/day.

3. Penalties can include:

-...
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