Employment Law

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The liqour store i work in was recently sold. i was told on…

Customer Question
The liqour store i...

The liqour store i work in was recently sold. i was told on saturday the closing was on monday i was also told the new owner was keeping all employees. it has been 4 weeks since he took over. he has a temper and yelled at me so angrily that i was reduced to tears. he later apologized, hugged me and said it was him and not me. he was just under alot of stress. since then he has cut my hours from 29 to 10 a week. i think he is unstable an i fear going to work. can i quit and get unemployment?

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

New york

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

We made no agreement. we havent even had a store meeting .i assumed my hours would stay the same since they have and he said nothing about changes that may come. i am also the only employee that got cut and the only female.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not at this time

Submitted: 4 months ago.Category: Employment Law
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Answered in 1 minute by:
3/13/2018
Employment Lawyer: Loren, Lawyer replied 4 months ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,716
Experience: More than 30 years in legal practice.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.
I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.
I appreciate your patience as I review your question. I will post my response shortly.
This is general information and no attorney client relationship is established.
The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.
There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.
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Employment Lawyer: Loren, Lawyer replied 4 months ago
Before I answer a bit more detail would be helpful please.1. Do you have a written employment agreement for a fixed term requiring cause for termination, discipline or demotion?2. Do you believe you are being treated differently than other employees due to race, religion, ethnicity, etc.?
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Customer reply replied 4 months ago
no to question 1 and yes to question 2
Customer reply replied 4 months ago
i do not wish to call you. why are you not replying to me?
Employment Lawyer: Loren, Lawyer replied 4 months ago
What is the basis for your belief that you are subject to illegal discrimination?
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Employment Lawyer: Loren, Lawyer replied 4 months ago
Also, are there more than 15 employees?
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Customer reply replied 4 months ago
this is not what i expected from your site. i do not wish to keep checking texts and going to a new site for each answer. congratulations you just made another 5 dollars.
Employment Lawyer: Loren, Lawyer replied 4 months ago
I have not made anything. Would you still like help?
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Employment Lawyer: Loren, Lawyer replied 4 months ago
If there are more than 15 employees, you may have a viable claim for gender discrimination.
In order to establish a claim for gender discrimination. You need to establish a prima facie case.
The federal case of McDonnell v. Greene established the criteria necessary to establish a prima facie case of discrimination, which created a four-part test. The following criteria must be met:
* Protected Class - You must be a member of a protected class defined by their race, gender, national origin, age or disability.
* Qualified For The Position - You must be able to prove that you are qualified for their current position.
* Adverse Employment Decision - Regardless of your qualifications for the position, you must prove that the employer actually took action against you, which had an adverse effect on your employment status. This might include being demoted, receiving a poor performance review, not receiving a raise or bonus, being transferred to an undesirable position or discharged altogether.
* Similar Employees Treated More Favorably - here are actually two different ways to establish this fourth point. If the employee received disparate treatment or was replaced by an individual outside the protected class, both of these reasons can be offered as evidence. If employees in a similar position were treated more favorably, this may be proof that you were discriminated against.
Once you are able to establish that you were subject to disparate treatment, the burden shifts to the employer to show that there was a legal reason for the adverse action taken against you.To start the process, contact the EEOC at www.eeoc.gov for more information on filing a complaint. If you are still working there your employment is protected from termination due to filing the complaint. Such termination would be retaliatory and subject your employer to further liability to you.An attorney is not required, but it would be invaluable in this type of claim. It is not simple litigation and there is no reason you need to learn as you go. Additionally, if you prevail, you would be awarded your attorney fees and many attorneys who handle this type of claim, do so on a contingency fee basis. So, it should not cost you anything upfront.If you need help finding local counsel, try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:
http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx
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Employment Lawyer: Loren, Lawyer replied 4 months ago
If there are not 15 or more employees then you are just an at-will employee, without any substantive legal protection.
As such, you serve at the whim of your employer. They can change your duties, compensation, schedule or even terminate for any reason or no reason at all.
Your recourse is to find a different job where you are better appreciated.
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Employment Lawyer: Loren, Lawyer replied 4 months ago
Did you have further questions? Have I answered your question? Please let me know.
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