Discrimination Legal Questions

If your employer has more than 50 employees at your location, and you have worked there for a year or more, you are probably covered by the Family and Medical Leave Act, which entitles you to 12 weeks of unpaid leave per year for treatment for serious medical conditions.  The employer would have to let you take the leave and not retaliate against you for it. If the employer has 15 or more employees, you may be protected by the Americans with Disabilities Act as well, depending on the nature of your medical conditions.  In that event, you may be entitled to accommodations that could include extra leave or a flexible schedule. Please call us to schedule a consultation to explore these issues.... Read Answer

It sounds like you have been treated unfairly and wrong. Unless the reason for your unfair treatment is against the law, then you likely do not have a case. Hostile work environment and discrimination claims must be related to your age, race, gender, disability, etc.   Ohio Employment Attorney: mcoffmanlegal.com... Read Answer

Unless you reported discrimination based upon your age, race, gender, disability, etc, then you likely don't have a legal claim for retaliation. If the hostile work environment is related to any of those things, then you may also have a legal claim.   Ohio Employment Attorney: mcoffmanlegal.com... Read Answer

Lisa, It is possible that you would be covered under the American's with Disabilities Act.  Pursuant to the ADA, your employer is required to engage in a dialogue with you regarding your disability and to make reasonable accomodations for you based on your disability.  Failure to do so could be a violation of the ADA.  If you would like to speak with an Employment Attorney about your case, please call for a free case evaluation. Chip... Read Answer

You should contact an employment attorney. Were you on FMLA leave? If you were on FMLA leave, you cannot be retaliated against for exercising your right to take FMLA leave. Also, in your complaints to HR, make sure they are in writing. Follow up on oral communications with your employer about the harassment in email or writing, if possible.   Ohio Employment Attorney - mcoffmanlegal.com... Read Answer

the employer must be given notice of the problem and then given the opportunity to rectify. here, you can the notice and walmart rectifed the problem. in similar fashion, the 'cross market company' had no notice of the problem and no opportunity to correct the problem. the suit would not be successful. ed dimon, esq.... Read Answer

The ADEA or Age Discrimination in Employment Act protects those individuals who are 40 years or older.  Age must be shown to be the cause of the adverse employment action, not just a motivating factor.  In your case, the ageist comments made by your supervisor would certainly suggest that was the reason for you being let go as opposed to being transferred to a new facility. In order to make a claim under the ADEA, you must file a Complaint of Discrimination with the Equal Employment Opportunity Commission, ("EEOC").  The EEOC will investigate the claim and make a determination as to whether there is evidence to substantiate the discrimination alleged in the Complaint. If you have specific questions about your case, or wish to speak with an attorney who practices employment law, do not hesitate to contact me.... Read Answer

There is nothing illegal per se about doing this.  However, adding a fixed amount of money to your hourly employees’ pay may raise their effective “hourly rate” when it comes time to calculate overtime.  This area of law is a minefield for employers, but we can help you navigate it.  Please give us a call.... Read Answer

these cases are fact driven. for example, if the disability prevents the employee from doing the job, then there is no discrimination. if a person cannot do the required 165 pound carry for a fireman because of disability, then there is no obligation to give or keep this person as a fireman. the key is the job requirements and a doctor's report in writing that the person can do  the physical requirements of the job. they must be connected. ed dimon, esq. 732-797-1600... Read Answer

If your employer is large enough, the Americans with Disabilities Act affords you a “reasonable accommodation” for a disability, which your fibromyalgia might be depending on its severity.  Whether your accommodation—reassignment—is reasonable also depends on the size of the company, whether qualified staff were available, and a lot of other case-specific information.  If you are a union member, your collective bargaining agreement may give you other rights as well.  You may be a victim of retaliation depending on what the principal’s real reason for writing you up is. Please call us to schedule a consultation so that we can get the relevant information from you.... Read Answer

you would be well served hiring an attorney who specializes in these cases. this is a narrow field with very specific case law. for example, beth callahan, esq. in florham park, nj has a wonderful reputation. i know her dad, ed callaghan, esq. they practice together. ed dimon, esq. 732-797-1600... Read Answer

the police had 'reasonable suspicion' to stop the car [speeding]. the police had the legitimate opportunity to look inside the car when they stopped you. their observance of the drug paraphernalia gives them 'probable cause' to further search and/or arrest you. you were fortunate. the police officer now had personal knowledge of what was in the car. if he stops you again, he can use his prior knowledge. there is no discrimination based on color, religion, etc.  ed dimon, esq.... Read Answer