Join the 9 million people who found a smarter way to get Expert help

Recent Discrimination questions

I work nights and am on medication. My boss wanted me to

I work nights and am on medication. My boss wanted me to work days. I said it would mess up my med schedule. He proceeded to ask me what medications I was taking and what I was taking them for. I told him and I said I thought I could work around it so I could work days if need be. My boss said now that he knows what I am taking them for he said he couldn't put me on days now. After I told him he used it against me after I said I could work around the time. Isn't it against the law for a boss to inquire about your medication. Isn't it a privacy issue between you and your doctor?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: IowaJA: Is the employment agreement "at will," union, full time or part time?Customer: Full time. He took me off the next time I worked because he said he couldn't use me and wouldn't put me on days.JA: Anything else you want the lawyer to know before I connect you?Customer: I can't think of anything.

Read more

TJ, Esq.

Juris Doctor (JD)

11,464 satisfied customers
I am employed with the social security administration. I am

I am employed with the social security administration. I am currently on leave without pay due to several medical issues. I have been off work since 09/27/16 and just received notice on 12/29/16 that my FMLA had been approved dating back to 09/27/16. I requested Reasonable Accommodation on 10/26/16 and as of 01/03/17 have not been given a decision. I filed an EEO complaint on 01/03/17. My EEO counselor notified me that she was awaiting an answer from management about participating in an Alternative Dispute Resolution on 01/11/17. I have not received any feedback at this date. What do I do?

Read more

John

Attorney

Doctoral Degree

8,040 satisfied customers
I am employed in Illinois. Employment is “at will”. I work

I am employed in Illinois.Employment is “at will”.I work for an insurance corporation that has thousands of employees and my department has well over a hundred.I have been employed by this company for 15 years with no performance issues.I am currently employed, but on leave; I will be terminated on February 06, 2017.The reason for the termination; I will not be able to return to my position and fulfill my responsibilities to my employer.I am on leave because I am a caregiver to my mother who has a terminal condition – late stage Dementia and is on hospice at home.My mother is eight years into her disease and she was put on hospice in August/2016.I have had aids here at home caring for her while I was working for my employer since 2015, but finding quality help is difficult and expensive.Daily - I cared for mother after the aid left and on the weekends with little help from siblings. Trying to balance my fulltime job and caring for my mother started to cause a strain on me and I was not content with the care she was getting from the aid. I let my aid go and I decided to care for mother fulltime.I utilized the remaining FMLA that I had through my employer and left on November 07, 2016. My FMLA expired on January 05, 2017.I submitted a “Leave of Absence” request with a start date of January 06, 2017 and to end on June 30,2017.To summarize the leave request; I explained to my employer that I needed to continue with my mother's care. I was not sure how much longer she would live and gave an estimate on the time off period, as it was a requirement.This leave request went to the VOP (Vice President of Operations for Claims). Per our HR manual any request beyond 30 days needs the approval of the VOP. My Supervisor advised me that I was only approved for 30 days and expected to return on February 06, 2017.I told my Supervisor that I would not be able to return.I have not signed off on any paper work yet as it will be coming soon.I am I out of luck here? Have I no recourse?On another note regarding my FMLA, I feel that I was shorted by 4 days. My company was closed on November 24,25 (Thanksgiving), December 26 (Christmas) and January 02 (New Years). The department I work in was open with limited staff, but I was not assigned to work these days. That was confirmed before I took leave through FMLA. I called Cigna to add those days to my FMLA bank, but was told that they needed approval from my company. I contacted my Supervisor and was told no because I was in unpaid status, which makes no sense to me, and she only referenced the dates of 12/26/2016 and 01/06/2017. On 11/24 and 11/25 of 2016 I was paid although on FMLA because I was using my paid time off bank (paid vacation time). Is there wrong doing here?Thank you…

Read more

John

Attorney

Doctoral Degree

8,040 satisfied customers
It is a bit of a story, to start with I work for my

it is a bit of a long story, to start with I work for my stepfather's business. This past year my mom found out he was cheating on her. She started divorce proceedings, during the time the proceedings have been going on, a new employee was hired that basically took all my responsibilities. I was not fired but I have almost no work to do, and when I am done. I am told to go home. This has put me in a position where it is getting hard to pay my bills. One of which is rent to my stepfather. Since I am still working I can assume the removal of my old responsibilities ( that at times I am ask to help the new guy with) I did not loose them because of performance or my ability to do the job. Also all this was done with out any communication to me. One day a new person was there doing my job. Due to the strained relation I have with my step father now communication is impossible. I just feel there is something wrong about this, and was wondering if it was also wrong in the law. sorry for the long questionJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: New yorkJA: Is the employment agreement "at will," union, full time or part time?Customer: full timeJA: Anything else you want the lawyer to know before I connect you?Customer: not that I can think of

Read more

John

Attorney

Doctoral Degree

8,040 satisfied customers
My employer is hiring new people for more than those of us

my employer is hiring new people for more than those of us who have been there for 3+ years are making, they are rude and offensive as well. they really offended me today though they dropped a pile of stinky worn out used clothes on an usused desk in the middle of the office, as if it was a gift for us to have his old garbage. Ive never been so offended. what can i do ?

Read more

John

Attorney

Doctoral Degree

8,040 satisfied customers
Settlement with former employee disputing termination. paid

Settlement with former employee disputing termination. paid 2 checks:1) directly to employee2) jointly to law firm and employeeDo we send form 1099 for either?Thank you!

Read more

John

Attorney

Doctoral Degree

8,040 satisfied customers
After a year of discussing my disatisfaction with my pay, as

After a year of discussing my disatisfaction with my pay, as well as my improved performance, my boss gave me a review that was very positive performance wise.However, my compensation is still below market. My boss claimed he used salary.comI had several print outs from salary.com supporting this. As well as several unsolicited email from recruiters supporting this.He got flustered, claimed it "was not that straight forward" and said there were a lot of moving party like our benefits package. I pointed out that the benefits package has declined since I started and is no longer as competitive as it once was.He left it off that he "did his best" in terms of "going to bat for me" with the ceo (which i highly doubt, he went to bat for my male predecessor far more and wound up paying him 23% more than me, another figure he has no objective justification for other than 'there were fx traders here when XYZ was employed"). I shifted the focus of the review to "what do you want to see next year" to which he provided a few vague, immeasurable goals.Can I demand an explanation as to how my boss came up with my salary? I KNOW it is not out of thin air. I work at a hedge fund my boss is very shrewd. But the sense he is giving me is one that is completely arbitrary which seems completely unfair, and skewed against me. There are several items I believe my boss is holding against me:- my gender (I am the only woman in a company of ~30 men)- my disability (years ago, I was out on STD for a sever depressive episode. I recovered, returned to work, and it never interfered with my job but my boss is aware of it)- i had a seizure in the office once - no disability claimed but it was a medical emergency that i believe makes my boss look at me as a liability- shortly after the seizure my boss SINGLED ME OUT- pulled me aside and said "whatever changes are made to our insurance, don't worry about continuing treatment with your doctor. we will work it out on an individual basis if necessary" ....several months later my boss reneged on this offer, directed me to HR, who immediately reprimanded him for making the comment in the first place. The CEO became involved and reprimanded my boss as well. The following month i received the smallest raise of my time at the company with no explanation.Do I have any ability to require my boss to explain how he arrived at that number? Not even arguing it, just want to see that it is not completely arbitrary.

Read more

John

Attorney

Doctoral Degree

8,040 satisfied customers
I have been on the job 23 years and worked without an

I have been on the job 23 years and worked without an employment contract. I have excellent performance and have made the company significant money over the years. The principal of the company died unexpected and his successor was doing things that violated employment law when I called him to task was replaced but stayed a partner. Soon after I was told that I needed to be under an employment contract my wages were cut my bonus was delayed by 8 months and was told future bonus would be discretionary. In the employment contract the term was for a year and they could terminate me without cause in a year. I think it is being done to avoid any age discrimination laws because I'm 62 years old and have excellent performance. Thoughts?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: ArizonaJA: Is the employment agreement "at will," union, full time or part time?Customer: I'm a fulltime CEO of the company and have been under a verbal agreement with the company. So at will. They want to have me sign an employment agreement that would give them an out in a year.JA: Anything else you want the lawyer to know before I connect you?Customer: In the new agreement they want me to for go 640 hours of PTO time collected and want to cut my PTO time in half. If I go out on disability that lasts longer then 6 weeks Im automatically terminated.

Read more

P. Simmons

Attorney

Doctoral Degree

37,048 satisfied customers
If a supervisor shows a consistent pattern of preventing an

If a supervisor shows a consistent pattern of preventing an employee over 40 from doing their job, (by withholding key job-critical information, covertly bypassing the employee and setting up "favorite" younger employees to do the employee's work, etc.) then presents misleading/false statements in the +40 employee's performance appraisal that results in no pay raise, has the supervisor committed illegal actions in the state of Washington?-Through the following fiscal year the +40 employee demonstrated strong performance and achievement of all tasks directed by the supervisor, checking closely and receiving confirmation from him along the way that performance was on track. At the same time, the +40 employee kept track of documentation and detailed evidence that the supervisor's above mentioned sabotaging behaviors in favor of younger employees continued. At the end of the next annual review period, out of the blue, the supervisor called him to a meeting with an HR representative and presented him with a "written warning" containing an additional assortment of false statements and referenced the previous year's false performance review as the basis for threat of further action affecting his employment. The supervisor's ongoing/verifiable failure to enable the +40 employee to do their job at optimal performance then issue the warning without following the proper procedures clearly corresponds to the company's timing/needs to downsize and curb costs. It also followed the supervisor's same treatment of another 40+ employee several months earlier. Does the verifiable pattern of setting up a +40 employee to fail, then distributing a falsified Performance Appraisal to deceive HR, etc. into believing the employee has performed poorly stand as "obvious" evidence of the supervisor's intent to harm the employee? (i.e., cause termination of a consistently strong performing long-term employee without severance pay.) Can this intended outcome targeted to a higher paid +40 employee also establish that the supervisor's motive for distributing fraudulent performance information to third+ parties was for the purpose of saving the company costs? In this scenario described, does the supervisor's documented efforts to "set up" a subordinate to fail and the series of two falsified performance appraisals provide substantial documentation of pre-meditated plans to facilitate the wrongful termination of an employee in a protected class?

Read more

John

Attorney

Doctoral Degree

8,040 satisfied customers
View more employment law questions
In The News