Discrimination Legal Questions

Depends on the facts. Could we present a plausible theory of discrimination? That is never easy. You did not retain legal counsel before filing charges because? How are you mitigating damages? What do you want? Many questions unanswered. Call us to discuss. A lawsuit in federal court will often take 2 to 3 years assuming the case is not dismissed at some point. Employment Law Reality Check.com... Read Answer

Your wife should schedule a consult with an employment lawyer. We will probably not recommend grieving anyone. We will help her: 1) Determine whether this principal is a good fit for her. She probably needs to start applying for other jobs ASAP. 2) We will help her try to keep her job. She needs to have good performance evaluations or she might risk losing even a union job. We can coach her on that. 3) We will explain in detail why she needs to keep her union happy. The best way is for her to get involved with the union. Bottom line. She is in a political job. And those jobs today demand results. If the principal she works for or the union rep fears for their own jobs that will trickle down to her. Have her gather all her performance evaluations and start calling us employment lawyers. We can help guide her but the decision of whether she wants to keep her job will be hers to make in the end. Grieving the principal would not have been our first choice. She needs an employment lawyer to retain ASAP!  ... Read Answer

You have done an excellent job of filing the complaint and recording the violation thereafter. Please provide the violation to the employer in order that they are put on notice of the violation. The employer will have to act. Keep careful and detailed written records and provide to employer. The key to your success is the response of the employer. Ed Dimon, Esq. 732-797-1600... Read Answer

You're free to contact our office to discuss your legal rights. Our Ohio employment attorney represents employees throughout the State of Ohio. We provide free consultations and most often work on a contingency fee. If you would like to speak with an experienced Ohio employment lawyer, call us at 614-949-1181.   Ohio employment lawyer https://mcoffmanlegal.com/... Read Answer

I am very sorry to hear about your ordeal. It sounds like you may be a victim of age discrimination. If you are over the age of 40 and are being discrimianted (singled out, etc.) you should call an employment attorney at once. Time is of the essense.  You can call the Akin Law Group and speak to one of our attorneys at 212-825-1400. The consultation is free and confidential.... Read Answer

You have to be able to perform your job duties with or without reasonable accommodations. You have a duty to ask for an accommodation if you need one. If you did not think you needed one went to work and injured yourself you might have a work comp claim. Seek a lawyer who handles those cases. If you just aggravated or exacerbated an old injury that may or may not be compensable under new York's comp law. Either way sounds like you need an immediate consultation with a workers compensation lawyer.    ... Read Answer

Is an employer not allowed to make sure that its employees possess documentation to lawfully work in the U.S.? Many people work unlawfully but are still entitled to minimum wages and overtime pay. But that does not prevent deportation. You probably dont want to be deported (since you are without U.S. passport) so a good choice might be to provide whatever documentation the employer requests. Otherwise you might get paid for all the work you have done so far but be located in some other country when the payment is made.... Read Answer

You have the basis for a case in that you were treated differently based upon your race. My concerns are twofold. Can we prove the case in that two or three people may testify that this did not occur ? What are your damages ? How were you damaged ? Less pay ? More difficult routes ? The cost to bring these cases is significant. Do you want to spend the money ? Please call. Ed Dimon, Esq. 732-797-1600... Read Answer

Was this for a civil service job? What was the error? Who made it and how or why? Did you mitigate your damages? If so what are your damages? Seek legal counsel immediately! If there were or is a tort claim against any governmental entity or individuals working for it you better properly serve your notice of claim within 90 days of when you learned of or should have known about the error. If you dont get ready for a long long possibly expensive litigation. Suing the government is never easy. Seek legal counsel either way. Government or private sector job. People do make mistakes. Its the how and why that matters most and whether you still want the job.... Read Answer

Maybe. If your family member was disabled or regarded as such then you might have a claim for associational discrimination prohibited by the ADA. If your family member published to 3rd parties false information that you were involved in criminal activity you might have a slander or defamation of character claim against them. Consult with an employment lawyer for more possible claims. They would all depend on the evidence and how a theory of recovery might be proven by you and your lawyer. You have a duty to mitigate damages which means you have to keep looking for a new job. How tough will that be to land? If the new job pays more what are your damages? Was a written agreement broken?... Read Answer

Were either you or the coworker addicted to drugs or alcohol and no longer are? The Rehabilitation Act of 1973 and the Americans with Disabilities Act as Amended protect employees who were addicted but no longer abuse drugs or alcohol. If the coworker put on his application that he has a disability such as drug abuse but no longer uses them they had to hire him if he met the qualifications to do the job. That is confidential. You will never know that. If that's what he did the risk is that if they do a drug test which comes back positive in the future he will be fired. If the above applies to you then you can request an accommodation as a disabled person under those facts but dont ne surprised if you are randomly tested much more than any other employee who never abused. Good luck. Interesting question.... Read Answer

If you were discriminated against because of  your race, you may have a claim for race discrimination. You should contact an employment attorney who handles employment discrimination cases to discuss your circumstances further. We represent employees throughout Ohio and provide free consultations.   Ohio race discrimination lawyer https://mcoffmanlegal.com/race-discrimination-attorney-columbus-ohio/... Read Answer

If you are approached find out what the reason is for whatever action they take. Don't assume that going "back to doing calls" is a demotion or less money. Unless they tell you it's less money, it could be the same or more money. You won't know until you try. Never quit, unless you already have another job lined up. Quitting may be he worst thing you can do. Constructive discharge, being forced to quit, is tough to prove as well. You are in Florida. We don't have enough information to determine whether you have sufficient contacts - by contract, function, organization, etc... to have New York's laws possibly provide you with more rights than you do in Florida. New York Courts have stated that the public policy of Florida is repulsive to New York's. In comparison to New York, Florida is not favorable for employees but then many who relocate there no longer work so what concern would it be of theirs? I practiced in Florida for 16 years. No regrets in returning north. Until there is adverse employment action against you all you can do is keeping doing your job to the best of your ability. Saving money is not illegal unless the company hires females, who traditionally earn less, to replace males. Or uses money as a disguise for age discrimination, or other discrimination. Pay attention. Listen carefully. Take notes. Watch what happens to others. Is the company targeting protected classes of workers? Oder, disabled, male or female, etc...? If it's age, it has to be a "but for age" an employee would still be working. If it's just saving money, that may not be illegal? Are you an "at will" employee like most people are? No written contract, no union, not working for the government then probably yes. They need no reason to terminate you. You will have the burden of proving it was an unlawful reason. Your notes, performance evaluations, documents will be key. If you are offered a severance package (no company is required to offer one unless by contract) pay an employment lawyer to go over it with you before you sign it. Some of us do that long distance nowadays. I seem to represent more and more employees who I never personally meet. The legal landscape is changing rapidly as are most people's jobs.    ... Read Answer

You are the Controller. The attorney bringing the action will use the discovery process to determine who knew what or who should have known what was happening with regard to the alleged illegal activities. The attorney wants to prove that the illegal activities took place and that management knew about or should have known about the illegal activities. You are in a difficult position. You should hire an attorney to advise you. I am not sure that the management will have your best interests. You need to understand your exposure. Please call to discuss. Ed Dimon, Esq. 732-797-1600... Read Answer

Based on what you say, you probobally have a decent case. If it was a minor infraction of the rules that caused your firing and you can show that others who have had similar infractions were not discharged, then your case appears to have merit based on age discrimiantion. Retain counsel in Nevada for representation. ... Read Answer