Discrimination Legal Questions

You have multiple issues. Were you in a trial period for employment? If so, what were your rights during this trial.? were you entitled to benefits during the trial.? If you were entitled to full rights during the trial period, then you have a stronger case for obtaining those rights for your partner. Did you list the partner on your employment documents? Did you request benefits for the partner?did you make those requests in writing? We can review the facts and apply them to the caselaw. We can provide you with a written legal opinion as to the merits of your position. The cost for the review, the analysis and the written opinion would be $1500. Please call if we can help.... Read Answer

I have personally done a Mount Laurel case involving the Hamilton municipal utility authority. We were successful. We have also done to affordable housing projects in Ocean County. We are most familiar with the law. You would be well served sitting for us and a personal statement precisely the structure of your condo association and if there is or is not an affordable housing component. Please also include any condo associations in your community that has an affordable housing component. We would be able to compare and contrast the benefits and taxes for condo association a versus condo association b. The affordable housing statute does provide for a discount of the water and sewer fees. The statute also provides for a discount with regard to other fees. We can do this analysis for you after you provide us with the proper documentation. We can provide you with a legalopinion which we would provide you in writing which will set forth the merits of your position. I am of the opinion that the cost for this research of your situation and the situation in your community and comparing those facts with the statute could be done very quickly. I am of the opinion that the retainer would be approximately$1500. Please call to discuss... Read Answer

My partner is a certified trial attorney. You can hire him to represent you in this matter. However, please keep in mind that the cost for a certified trial attorney is $400 per hour. As such, I would first try to work with the attorney for the union. If, you do not feel this attorney is representing you, you can hire a certified trial attorney at our office. Please call to discuss.... Read Answer

Discrimination is a constitutionally based protection. For example, discrimination would occur if one did not get a job based on religion race sexual orientation or disability. The latter, to wit, the pregnancy, would open the door for you to make a disability claim. There are three significant hurdles. The first and foremost hurdle is that you must prove your case to a jury of your peers. You have the burden to prove the case by a preponderance of the evidence. The second hurdle is that you will be terminated when you make a claim. The third hurdle is overall employment discrimination based upon you bringing the claim against the employer. Please take into consideration all three hurdles before making the claim. Do you have evidence that you were against based upon pregnancy? Do you have written documents which would support that claim? Do you have witnesses that will testify in court that will support that claim? Please call if we can help.... Read Answer

The courts have given school administrators broad discretion to act within the school. The school administrators do not need to act in a perfect fashion. Rather, the school administrators must only act reasonably. Courts will only overturn such action if in fact there was discrimination based upon race religion or sexual orientation. The burden is upon the plaintiff, in this case you, to prove who hurt racial sexual or religious discrimination. This is a significant burden and difficult to meet. Ed Dimon... Read Answer

You need to speak with an Ohio employment attorney as these cases are very fact intensive. Your daughter cannot be treated less favorably than other employees because she is pregnant, so if other employees are accommodated so too should your daughter. Feel free to call my office to discuss this matter further.    Ohio pregnancy discrimination attorney www.mcoffmanlegal.com ... Read Answer

The simple answer to your question is, NO. Discrimination occurs when you belong to a particular protected group, people with low credit scores or people that live in a residential or urban area are not considered protected groups. The simple fact is people who live in residential areas get into less car accident in a cars get broken into, so that is an extremely legitimate reason why people in residential areas have lower car insurance. Also credit score is very important in determining not only insurance, but jobs in many other situations. People use credit scores to determine how responsible of a person you are and having a low credit score does not put you into a protected group. You need to belong to a protected group for some form of discrimination to even occur, examples of protective group are: national origin, color, race, religion, sexual orientation, veteran status and sex. If you're not discussing one of these groups, it is impossible for you to have been discriminated simply because you can get something. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 http://massachusettslawyeronline.com/   #Employer, #Employee, #Fired, #Landlord, #tenant, #eviction, #lease, #bedbugs, #mold, #discrimination, #rental, #agreement, #summary, #process, #civil, #rights  ... Read Answer

You will be successful in your litigation if you have written documentation supporting your allegations. You need the medical reports regarding your autism. You need medical reports regarding the other autism. You need tbe medical reports regarding your mothers post traumatic stress disorder. You also need the written documentation indicating that your mother has paid rent the last six months. Please provide all of the documentation to the landlord tenant Judge. You will be successful. Ed Dimon... Read Answer

Discrimination is a constitutional protection. The basis for discrimination would be race religion sexual orientation etc. You might have a breach of contract argument. However, it would be most difficult to be successful against a large corporation. They will spend significant amounts of money defending the case. A better tactic would be to work with the company and demonstrate how Ernest you are in wanting to succeed. I would see if there's a way to get past this particular mentor. If you're not successful I would begin to look for a new position. Ed Dimon... Read Answer

If it has been two years, the statute of limitations (timeframe within which you are required to take action) has likely lapsed. However, there may be more to your situation. You should consult with an employment attorney about what has happened to see if there is anything you can do.   Ohio employment attorney www.mcoffmanlegal.com ... Read Answer

It all depends on where the complaint is being brought. If it's being brought in a company, then you may have to follow the company's bylaws or certain union rules. Certain government agencies such as HUD, allow non-attorneys to to represent complaintants. If it's in a court of law, you absolutely must be an attorney to represent someone.   I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.   Joseph F. Botelho, Esq.BOTELHO LAW GROUPAttorneys At Law901 Eastern Ave. Unit 2Fall River, MA 02723 Office:  888-269-0688FAX:    877-475-8147 http://discriminationandevictionlawyers.com/   #Employer, #Employee, #Fired, #Landlord, #tenant, #eviction, #lease, #bedbugs, #mold, #discrimination, #rental, #agreement, #summary, #process, #civil, #rights... Read Answer

You should contact an attorney. You may have a great claim for disability and/or age discrimination. If you were terminated because of your disability and/or if your employer refused to provide reasonable accommodations to allow you to do your job, then you may have legal claims under the Americans with Disabilities Act. I would be happy to speak with you. Feel free to contact my office at 614-949-1181. We represent clients throughout the State of Ohio. Ohio disability discrimination attorney www.mcoffmanlegal.com ... Read Answer

these are difficult cases to win because the big companies have large law firms who will fight you every step of the way. you need to make a careful and detailed written record at the company via email. you must have statements from witnesses. you must have documentation. the alternative is seeing if we can get your job back. ed dimom ... Read Answer

you are in a difficult position. the charge against you is sexual misconduct. you are taking the position that the coordinator is a 'feminist'. this is not a winning position for multiple reasons. you must defend against the charges. if during the defense, the written record is clear that the coodinator is biased against you, then you can move to have her changed. please let us know if we can help. ed dimon 732-797-1600 ext 235... Read Answer

Discrimination is a constitutional violation based upon race or religion or sexual preference or gender. your argument is that the 'reasonable accomodation' regulations are not being applied to you properly. this is a more nuanced argument which requires careful written medical reports from the doctor saying you can do the required job with 'reasonable accomodation'. this is different from 'light duty'. if you cannot do the job as required, there is no legal requirement for light duty. ed dimon... Read Answer

No. If the employee is being harassed because of their age, gender, race, disability, pregnancy, etc., then they may have a claim. Although calling someone an idiot is wrong, it doesn't mean you can take legal action against your employer.   Ohio employment attorney www.mcoffmanlegal.com ... Read Answer