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Recent Sex Discrimination questions

Does violation of the New York State SONDA law include a

Does violation of the New York State SONDA law include a male staff being told offensive comments in order to put down their masculinity?

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RobertJDFL

Attorney

Juris Doctorate

15,286 satisfied customers
I have questions regarding my rights as an employee who

I have questions regarding my rights as an employee who feels that I am being treated differently than others in the same situation as myself. I was part of a very small company that was acquired by a significantly larger company. It is an international company, but there is a separate entity operating in the US. It is headquartered in Itasca, IL, I report through a branch in Brookfield, WI and I am a remote employee living in Denver, CO.I'm a 58 year-old female who has worked in the technology sector for about 35 years. I've worked since the age of 15 and have never been fired or laid off. Because the acquiring company purchased a company they didn't fully understand, I'm caught in the middle. They are trying to force me, and me alone, into work for which I do not have the technical qualifications, but more importantly, I don't have the temperament for the kind of work. I'm advising them of all the kinds of work in that area I'm willing and able to do, but I'm saying I can't do this one particular task. I spent a great deal of time including working many hours of my own time to learn the product of the company they acquired and I don't want to be pushed into something else. I understand that they don't have billable work with my product, and that it seems perfectly reasonable that they lay me off. But can they try to push me into an inappropriate position only to fire me rather than lay me off.I had a call yesterday with my manager (a person who doesn't know a lot about what I do as he was assigned me and one other guy this January almost 1.5 years after the acquisition) and the HR Director. The HR Director was strong arming me into incriminating myself with a yes/no question that wasn't that straightforward. They now want me to fly out to Brookfield next week for a meeting with the 2 of them and I don't feel comfortable in that situation without someone looking out for my best interests.There's a lot more to all of this, but I was wondering if there is ever a reason where an employee in my situation would have their own legal representation at such a meeting?Laura

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

119,222 satisfied customers
We are a NJ employee and own a restaurant. We have an

We are a NJ employee and own a restaurant. We have an employee who is a server, is consistently late and has been leaving early. When she is at work, her job performance is minimal at best. This week she advised that she is 7 weeks pregnant and will no long be able to go up and down the stairs (as we have 2 dining rooms), will not lift trays to serve patrons their dinners and complained that she is unable to lift the tablecloths to set up the tables. We advised the employee that she didn't need to carry a pile of tablecloths and could set up one table at a time.If we wanted to terminate her employment what would be the ramifications considering she is pregnant. She has provided any documentation from her physician advising she is unable to perform her job duties nor has she requested an accommodation.

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Loren

Juris Doctor

45,954 satisfied customers
I was recently terminated due to downsizing (company is not

I was recently terminated due to downsizing (company is not performing well). Was told my position was a luxury (I ran training and development for a sales company). I was the only female on the executive team and the only one let go. This was not a performance based termination on the contrary. In addition, he hired another executive team member for another role. Another male. Now the entire executive team is male. There are some additional details but do I have the basis for a sexual discrimination case.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: New York (though I live in NC)JA: Has anything been filed or reported?Customer: No. I was just terminated on Tuesday.JA: Anything else you want the lawyer to know before I connect you?Customer: There are some additional details but I figured I would start here.

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John

Attorney

Doctoral Degree

9,656 satisfied customers
I am 56 year old female. I have worked for just bit over 2

I am 56 year old female. I have worked for just bit over 2 years for a very strict, mean, rude owner who lives in another city from the property I manage. Do see usually once a week or so.7 mos ago I brought in a 27 yr old male past coworker.Within in 3 mos owner was speaking to him about being a manager. (Original plan was he was to move into a front desk supervisor/mgr..my assistant as had been dicussed). Has no supervisor or management experience.First clue something going on---In February I found out owner changed my email recoveries for the office. Also managed to get in "my" personal google account, locking me out of my personal email and showed as a "connected device" in "my" personal email.(My fault, I had created a work email using my personal email for recovery and somehow both emails linked to my Google account..enabling him to gain access..?) nothing to hide but just upsetting and felt like he was being scandalous..maybe firing me soon, made me feel ill.This owner is unable to be pleased, always wants more out of you and never gives verbal appreciation. I have made great improvements over past years for him.Second clue--- same time frame..I knew of a expected pay conversation with this employee and owner ( to be my assistant..?).When I asked employee how it went, he beat around bush and basically said he did not want to displace the trust owner gave him. Hmm...**soon found out he has this employee doing General Manager training on our companies online university.(Not the same as 10000 class, but a step towards)Owner has been nastier than usual, yells, is demeaning and nik-picks me each week.I recently decided to tell him I wanted to take a vaca week and maybe the following mon, tues due to flight being much cheaper.Owner said to me-- "you can take 2 or 3 weeks off, I don't care" "will talk soon about your wages, if I have to pay 2 managers there will be changes, I can't be paying both of you". Says he will talk to the other employee about what responsibilities he will take on and that we would be having another conversation concerning my change in pay....! He must be planning on taking my vaca away from me-- no pay.? I haven't been off a week since march 2016. Never signed any contracts nor does he have employee manual. Only email saying outline of position, mentions bonuses and vaca time.Also then told me to quit using the work email I created my first week over 2 years ago and is in my business cards...?I work my butt off for this guy. Required to work 6 days a week 8 plus hours, cover shifts also. Nomal work 110 plus. Have stayed these 2 years because didn't see him often, need the money, does do nice bonuses at times and I love the business itself.Trying to hang in there-- thinking he going to fire me, last Manager was offered $12. (Was 40000). Asst position.- he then quit after training me. I was 5th manager in 12 mos period. Think longest he's ever kept or maybe it is.. dumb enough to stay.Kind of embarrassing, humiliating, sad, mad. Worked to hard to be treated badly and worried bout monies. Hard to continue to be a good worker and train my replacement...Obviously would love to quit...Looking for any advice.... Will I get unemployment if I don't except his change in my pay or if I quit because of the whole situation? Train my replacement?Age discrimination. Or sex discrimination.Our scores and rankings are good, no bad complaints on me as a manager and he has never written me up for anything.Thanks for reading... Appreciate your thoughtsTriciaC

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Asad Rahman

Attorney

J.D.

4,748 satisfied customers
I am about to get fired and need some guidance as to what to

Hi, I am about to get fired and need some guidance as to what to expect. I am in GA and started at this company as a contractor but was kind of pressured into converting to full time offer soon offer. Anyway, almost a year later, things are not going well and I see the writing on the wall. BTW, I am a female, over 40, though I don't want to go there, I do believe there is ample proof they actively discriminate here. Anyway, I do not want to have it on my "record" that I have been fired, as I do believe HR can tell future employers this info. I am looking for work but don;t want to make the same mistake I did with this company, rushing into something that did not feel right. My questions are: 1. I have a resignation letter at the ready and I am wanting to put language in their suggesting a meeting of the minds, I go away, stay available for potential info they will probably need for a month, and I get two months severance and a letter of reference - a neutral letter making clear I did a satisfactory job, etc. and a promise anyone calling will not get a bad vibe from HR or them. Does this seem feasible? I have been shut out for awhile, a new lead took over in June and he has made it impossible to continue there, but I have yet to receive a single negative comment or review, but neither positive. I feel they are pushing me out because they have gotten what they need out of me (I have provided detailed design style guides, etc, and I suspect they think that is all they need from my role). Also, the CIO, my boss, just sent out an email to everyone saying if they ever missed another meeting again, they would be fined $500. Is that even legal? Thanks so much! LauriieJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: GAJA: Is the employment agreement "at will," union, full time or part time?Customer: at will, and I started contract but went full time. I;d also like to say I was contract there only, but don't know if HR can specify that if called.JA: Anything else you want the lawyer to know before I connect you?Customer: Just that I have never had any run ins, negative feedback, etc, but have been frozen out of vital meetings, email chains and conversations from the get go.JA: OK. To minimize me, please click the down arrow at the top right corner of this box.Customer: What should I do next?

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ScottyMacEsq

Doctoral Degree

24,358 satisfied customers
I signed a contract which contained the following retention

I signed a contract which contained the following retention bonus terms:"5. EMPLOYMENT-AT-WILL: Information given in this correspondence, as well as your response, is not intended to create a contract, nor is it to be construed to constitute contractual obligations of any kind or a contract of employment between NCGS and any of its employees. Your employment relationship with NCGS is at-will. While we certainly hope that the employment relationship will be mutually beneficial and rewarding, both you and NCGS are free to terminate the employment relationship at any time, with OR without cause and with or without notice.6. COMPENSATION: Your pre-tax compensation wilt be an annual salary of One Hundred Twelve Thousand and Five Hundred Dollars and No Cents ($112,500), which paid bi-weekly, is approximately Four Thousand Three Hundred and Twenty-Six Dollars and Ninety-Two Cents ($4,326.92). Additionally, you will be entitled to a pretax sign on bonus of Ten Thousand Dollars ($10,000), 50% of which will be paid after ninety (90) days of successful employment, The remaining 50% will be paid upon completion of one year of employment. The full bonus amount must be repaid in the event that you quit or are terminated for cause within the first eighteen (18) months of your employment"in June 2016.In December 2016, the company released a company wide "mandatory non-compete agreement" that required a signature in exchange for continued employment and a Christmas bonus check. The non-compete agreement was extremely restrictive in that it stated that it prohibited one from seeking employment for a period of 2 years in any industry related to the medical field, including the medical field anywhere in the world.Further, the company engaged in quite nefarious practices and demonstrated a management style which would make almost anyone feel very uncomfortable and would make them not want to continue with the company. These practices include a potential claim of "slander".The question I want answered is, "is it legal for a company to offer a retention bonus, and after one has already signed a contract for such a bonus, change the employment environment to uncivil and unbearable including issuing a mandatory requirement to sign a non-disclosure agreement for continued employment, and still have a contractual basis to collect the money disbursed as a part of the original employment contract"?Also note, I did only received $5000 of the $10,000 and the disbursement was not a pre-tax disbursement. And, there was no terms for repayment listed in the original contract, yet the employer is attempting to get me to pay interest, and pay at a rate of about $900 per month to pay the $4400 back. They kept a portion of my last paycheck but allocated the money in a fashion such that they short changed me about $150 of the money retained from my last paycheck. And they have had the Human Resources Manager email me on at least 3 occasions with 2 other individuals on the email, one being one of 2 company attorneys and the other the VP of Finance, the person who originally signed the original employment agreement, demanding that I sign a repayment schedule of about $900 per month and agreeing to the interest payment.

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John

Attorney

Doctoral Degree

9,656 satisfied customers
I have filed a discrimination complaint with the U.S. Postal

I have filed a discrimination complaint with the U.S. Postal Service EEO, and tomorrow will participate in mediation. If the USPS process does not work for me, can I file a complaint with the Federal EEOC?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: ColoradoJA: Is the employment agreement "at will," union, full time or part time?Customer: It began as part time until last year when they required me to go full time "or be fired." At age 76, the job was too much, my health declined, and I had to resign.JA: Anything else you want the lawyer to know before I connect you?Customer: I am charging both age and sex discrimination

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

119,222 satisfied customers
I was fired for failing to keep my immediate boss from

I was fired for failing to keep my immediate boss from submitting a credit application to a vendor. My immediate boss was not fired, although he was the one that took the credit application that I had completed.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: MissouriJA: Is the employment agreement "at will," union, full time or part time?Customer: at will. I was full timeJA: Anything else you want the lawyer to know before I connect you?Customer: No

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

119,222 satisfied customers
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