Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

My daughter had worked for Goldfish swim school in

Birmingham. She had a...
My daughter had worked for Goldfish swim school in Birmingham. She had a medical condition which kept her out of the pool for a week. When she called the general manager to tell her that she needed to be out of the water for a week, the manager told her she needed a detailed doctors note of why she couldn't be in the pool. I explained to my daughter that she can not ask any details due to HIPPA. When my daughter took the doctors note in, she tossed it back to her and said that it wasn't any good because it had no details. She did keep her out of the water reluctantly. Then there was an incident in August when my daughter signed up for college classes. All that was required is to show your schedule from the college, except for my daughter. The manager told her that she needed to bring in proof that her classes were paid for. Again, I told my daughter that she is not allowed to ask for these kind of things. So the manager took it upon herself to call the college and try to find out info on my daughter. Of course, they gave her no information. I called the owner of the company after this situation and let him know that she is discriminating and harassing her. He set up a meeting for the 3 of them, which my daughter said was a waste of time. Nothing was resolved. 3 days later the manager wrote my daughter up saying that the supervisor said that she didn''t follow teaching procedures. My daughter said she was not going to sign the write up until the supervisor came in and spoke with the 2 of them. When the supervisor was called, he admitted that he didn't see my daughter violate any policies, so the write up was invalid. So the next day, my daughter is called in and was told that she did not teach a full class because she ended the class at 7:29 not 7:30 and was given the chose of quitting or she was fired. My daughter was an example employee,( employee of the month, was spoke to about supervison) and all of a sudden was force to make a decision about her job. There is clear retaliation. So my daughter thought that it was better to quit than to be fired. So she reluctantly quit. I feel that this company has totally been unfair. Can you please advise if we should retain an attorney? Let me add, my daughter does have email and text messages regarding the above
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 3 minutes by:
10/19/2016
legalgems
legalgems, Lawyer
Category: Employment Law
Satisfied Customers: 11,519
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Employment Law Question

I am very sorry to hear your daughter is having to experience this. That is distressing. So to be clear, there were no issues until the medical issue arose?

Ask Your Own Employment Law Question
Customer reply replied 1 year ago
No never.

Thank you for your patience; I have tried to find some exemption but unfortunately I cannot -for a few reasons;

first, retaliation requires:

1. engaging in protected conduct (such as discrimination issues, minimum wage issues, etc)

2. an adverse action by the employer

3. and a causal relationship- which requires termination or a demotion; so if a person quits, even reluctantly, that is not sufficient to meet the criteria. Even verbal retaliation by the employer does not constitute retaliation.

Harassment is a different cause of action but that too requires harassment due to a particular defined category-ie. harassment due to sexual harassment, discrimination, or other protected category.

So while the situation of harassment and retaliation is unfair and immoral, it is only afforded legal protection if it falls within a protected category. I'm sorry as I'm sure this is not the information you were wishing to hear but I have an ethical obligation to provide accurate information.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

legalgems
legalgems, Lawyer
Category: Employment Law
Satisfied Customers: 11,519
Experience: Just Answer consultant at Self employed
Verified
legalgems and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, Lawyer
Category: Employment Law
Satisfied Customers: 11,519
11,519 Satisfied Customers
Experience: Just Answer consultant at Self employed

legalgems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
CIVIL - EEOC - Discrimination, Retaliation, Wrongful
CIVIL - EEOC - Discrimination, Retaliation, Wrongful Termination... How to WRITE/WORD the petition to the court for:One of the retaliations = Suspension without warning of the use of vacation time Jul… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I filed a discrimination/ retaliation claim; race; age claim
I filed a discrimination/ retaliation claim; race; age claim against my former employer with the NY State Division Of Human Rights. i received the respondents answers to my complaint. … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,157 satisfied customers
State minimum wage is $11.50 starting January 1st 2018.
Washington State minimum wage is $11.50 starting January 1st 2018. Employees are going to be paid January 3rd for work done in December 2017, minimum wage was $11. Which amount I should use? 11.00 or … read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I feel I was terminated from my job due to retaliation from
Hello, my name is ***** ***** I feel I was terminated from my job due to retaliation from bringing forth my job concerns to the HR department. I was following the hospitals chain of command by speakin… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
What is the minimum wage in Maryland? The paycheck shows
The paycheck shows regular 80 hours for 2 weeks with an overtime of 10 plus hours. The paycheck is the same each week - … read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
I will skip the entire story of discrimination, retaliation,
I will skip the entire story of discrimination, retaliation, and coercion by both my University Human Resources Department and my own Union Director (who did not read the fine print and refused to dis… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
Age discrimination. terminated for my age. false reason for
age discrimination. terminated for my age. false reason for termination. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If there were many items of retaliation within the 300 days
If there were many items of retaliation within the 300 days - do I list everything by DATE of occurrence or ...? I guess, give Me an idea of exactly what the LAW views as "retaliation"?… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
Is there a wrongful termination or discrimination case if an
Is there a wrongful termination or discrimination case if an employee gets laid off after taking a 2 week medical leave for surgery for breast cancer? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
996 satisfied customers
In a US District Court complaint are thier any retaliation
In a US District Court complaint are thier any retaliation laws or acts that could be used In a retaliation lawsuit against a state that would overcome a claim of state soveirgn immunity by that state… read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
I believe I was wrongfully terminated in retaliation for
I believe I was wrongfully terminated in retaliation for raising questions about gender pay inequity and bias treatment towards me as a female, should I go to the EEOC or find my own attorney? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,312 satisfied customers
Live in Florida, can an employer just pay me minimum wage
Live in Florida, can an employer just pay me minimum wage for my last paycheck even if I was suppose to get paid more … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
Wrongful termination due to disability discrimination.
Wrongful termination due to disability discrimination. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
In a wrongful termination in retaliation complaint, all I
In a wrongful termination in retaliation complaint, all I have to do is show facts that show all elements of wrongful termination, correct? Thanks.… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have been harassed,discriminated and retaliated for years.
I have been harassed,discriminated and retaliated for years. I am a public school teacher 65 years old with an ADA letter of accommodations. My principal violates the ADA law, the union contract she h… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I want to know how much is minimum wage for a part time
I want to know how much is minimum wage for a part time salaried employee in California … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,312 satisfied customers
Although there is a Federal minimum wage on salaried
Although there is a Federal minimum wage on salaried employees. Does the law apply in the state of Texas? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I was terminated due to retaliation, although it was
I was terminated due to retaliation, although it was disguised as a reduction in force due to lack of funds. I am experiencing extreme stress, and I am taking anxiety medication and have sought therap… read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x