Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I am working with someone now and wanted a second opinion on…

Customer Question
I am working with...

I am working with someone now and wanted a second opinion on whether or not we should take our case federal or not

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

NY

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time my current lawyer says that they found just cause to take take our case to state but is insisting that we take it federal because we can get more money but im not sure

Submitted: 8 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 minutes by:
10/6/2017
Employment Lawyer: Ray, Employment lawyer replied 8 months ago
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 47,648
Experience: 30 years in Employment law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Ask Your Own Employment Law Question
Employment Lawyer: Ray, Employment lawyer replied 8 months ago

What questions may I help you with,thanks.

Ask Your Own Employment Law Question
Customer reply replied 8 months ago
Hi I used to work full time for a charter school and was sexually harassed by a colleague and threatened (he said he was going to shoot me and my daughter) after ibreported him to my superior. There was little to no disciplinary action for him and at the end of the year during my review they fired me saying it was because I was late but I've only ever been late one time. I took my case to an employment lawyer and he said the state found "just cause" So he is recommending that we take the case federal (for a 10,000 fee) and says that we can make 6 figures . I'm worried about fronting the money and not winning the case because from what I've read discrimination cases are hard to win. The question is whether or not I should take the case federAl I'm looking for a 2nd opinion
Customer reply replied 8 months ago
Also the hiring policy at the school was at will
Employment Lawyer: Ray, Employment lawyer replied 8 months ago

Well its a risk here but it could be a big settlement.Often these settle along the way and you may recoup your money.It sounds like he thinks you have great facts to pursue the case.

I am so sorry they mistreated you here.If yo file with EEOC and get a findings letter called a right to sue letter then you know you have validated claim.

Lawyer should help you file with EEOC

File here

https://www.eeoc.gov/employees/charge.cfm

I would consider EEOC complaint and a federal suit.You cold be due a substantial settlement.

Thanks and thanks for rating 5 stars.

Ask Your Own Employment Law Question
Employment Lawyer: Ray, Employment lawyer replied 8 months ago

It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.

Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general.

Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.

Ask Your Own Employment Law Question
Customer reply replied 8 months ago
Ok! He is saying we have the facts I guess I'm wondering if we should do federal vs. state? Is there pros to going federal?
Employment Lawyer: Ray, Employment lawyer replied 8 months ago

These are almost always federal suits.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ray Your Own Question
Ray
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 47,648
47,648 Satisfied Customers
Experience: 30 years in Employment law

Ray 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

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 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

3,991 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
Just wondeing, if an employeer can discriminate by only
Just wondeing, if an employeer can discriminate by only allowing people within it own division and outside workers to apply for a promotion. But say no to other personal who are qualified in the same … read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,424 satisfied customers
I filed an EEOC discrimination case against my former
I filed an EEOC discrimination case against my former employer for mental health and reasonable acommodation i got a response back from them through the EEOC … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Well, I am being set up for a disciplinary action for which
well, I am being set up for a disciplinary action for which I feel is unjustified, biased, and is discriminatory. should I sign the form and agree or can I dispute it? I feel the company will fire me … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
What are the grounds for filing a workplace discrimination,
what are the grounds for filing a workplace discrimination, harassment and what could ultimately be a wrongful termination lawsuit … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
950 satisfied customers
I'm not sure if this is qualifies as a employment law
I'm not sure if this is qualifies as a employment law question, but here go: … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I filed a discrimination complaint with the EEOC and DFEH
I filed a discrimination complaint with the EEOC and DFEH and received right to sue letters. The EEOC letter expired, the DFEH letter expires soon. I am considering filing a lawsuit without an attorne… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a case before the EEOC now. And is now with the
I have a case before the EEOC now JA: Was the EEOC case discussed with a manager or HR? Or with a lawyer? Customer: yes and is now with the Commission federal sector JA: Is the workplace "at will" or … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,855 satisfied customers
I have filed an age discrimination complaint with EEOC. The
I have filed an age discrimination complaint with EEOC. The EEOC has referred the complaint to mediation. Am I giving up any rights if I participate in mediation? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
If I file a complaint with the EEOC for disability
If I file a complaint with the EEOC for disability discrimination and my employer offers to settle, is that limited to the $300,000 limit or is that limitation only for those cases that are heard?I'm … read more
Ray
Ray
Employment lawyer
47,648 satisfied customers
I am in the beginning stages of an EEOC investigation and I
I am in the beginning stages of an EEOC investigation and I am the charging party. After dodging the process for a while, my former employer who fired me after I reported a discriminatory employment p… read more
Eric Y., Esq.
Eric Y., Esq.
Law/J.D.
301 satisfied customers
Will the EEOC reconsider a case if they initially find it
Hi will the EEOC reconsider a case if they initially find it inconclusive if ask and more information is provided. … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
950 satisfied customers
I just sent in an EEOC complaint regarding something that
Hi, I just sent in an EEOC complaint regarding something that happened over ten years ago. I was told a few years ago that my boyfriend got my boss to fire me because we broke up. The boss is an attor… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
How does disciplinary action work when I'm not doing the
How does disciplinary action work when I'm not doing the work that hasn't been in my PD I did without pay then OHR told me that they witnessed for an 11 but was destroyed. And I told them 1 1/2 that I… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can I file a claim of age discrimination with the EEOC and
Can I file a claim of age discrimination with the EEOC and wait 60 days to exhaust my administrative remedies before filing in federal court or do I have to file with the GCEO? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
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 have filed a complaint with EEOC under Age discrimination
I have filed a complaint with EEOC under Age discrimination and harassment. Had to resign from job at State agency 2 weeks after receiving PIP due to continuous harassment for more than a year, have w… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
After having filed an EEOC discrimination complaint at
After having filed an EEOC discrimination complaint at Texxxxxxxxx xxxxxxx xxxxxx - one of the retaliations that occurred was a witnessed verbal assault by the supervisor, during a "review" meeting of… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am considering filing an EEOC claim of discrimination and
I am considering filing an EEOC claim of discrimination and retaliation. My employer was going to terminate me, but said I could resign instead. I had about 30 seconds to decide. I wrote a resignation… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,223 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