Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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: 1 month ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 1 minute by:
3/13/2018
Employment Lawyer: Loren, Lawyer replied 1 month ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 37,319
Experience: More than 30 years in legal practice.
Verified
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.
WHILE WE ARE CHATTING DO NOT CLICK ON THE BUTTON TO REQUEST A SECOND OPINION. IT WILL LOCK ME OUT OF THE CHAT AND PREVENT ME FROM REPLYING TO YOU.
Ask Your Own Employment Law Question
Employment Lawyer: Loren, Lawyer replied 1 month 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.?
Ask Your Own Employment Law Question
Customer reply replied 1 month ago
no to question 1 and yes to question 2
Customer reply replied 1 month ago
i do not wish to call you. why are you not replying to me?
Employment Lawyer: Loren, Lawyer replied 1 month ago
What is the basis for your belief that you are subject to illegal discrimination?
Ask Your Own Employment Law Question
Employment Lawyer: Loren, Lawyer replied 1 month ago
Also, are there more than 15 employees?
Ask Your Own Employment Law Question
Customer reply replied 1 month 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 1 month ago
I have not made anything. Would you still like help?
Ask Your Own Employment Law Question
Employment Lawyer: Loren, Lawyer replied 1 month 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
Ask Your Own Employment Law Question
Employment Lawyer: Loren, Lawyer replied 1 month 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.
Ask Your Own Employment Law Question
Employment Lawyer: Loren, Lawyer replied 1 month ago
Did you have further questions? Have I answered your question? Please let me know.
Ask Your Own Employment Law Question
Was this answer helpful?
Ask Tina Your Own Question
Tina
Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8,184
8,184 Satisfied Customers
Experience: JD, BBA, recognized by ABA for excellence.

Tina 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
I have a eeoc appointment for July 2nd. I've been reading I
I have a eeoc appointment for July 2nd. I've been reading I have 180 days to file a claim. how do I file now? … read more
Eric Yepez
Eric Yepez
Law/J.D.
31 satisfied customers
I currently have an EEOC investigation going on with my
I currently have an EEOC investigation going on with my former employer-the case was filed in Georgia but I have had to sell my home and am thinking of moving out of state-will this hurt my case?? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 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
Have a question related to employment law. All of the
Have a question related to employment law JA: Was this discussed with a manager or HR? Or with a lawyer? Customer: All of the above... JA: Is the workplace "at will" or union? Is the job hourly or sal… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 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
I have an EEOC hearing coming up. I was terminated from
I have an EEOC hearing coming up. I was terminated from USCIS two years ago. The Agency lawyer was one of the designated management officials during my first EEO mediation. I learned later in reviewing the ROI that she served on the "management roundtable" and recommended that I be fired (which happened one year later). Later that spring I requested another mediation and the same agency lawyer was one of the designated management officials. Then when I was actually terminated, she represented the agency during my MSPB appeal. My question is, was it a conflict of interest to serve on the "roundtable" recommending my termination and then serve as a designated management official hearing my EEO complaint a few months later? It must have been pretty funny for her. I wonder if she shared the information that I was a short-timer with the other agency lawyer, serving as a designated management official. … read more
Edward Young
Edward Young
Juris Doctor
336 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 was terminated from my job and was denied unemployment. Is
I was terminated from my job and was denied unemployment . Is there anything I can do? … 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
I have a question about unemployment benefits and EEOC
i have a question about unemployment benefits and EEOC procedures … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Age discrimination. terminated for my age. false reason for
age discrimination. terminated for my age. false reason for termination. … read more
Loren
Loren
Lawyer
37,319 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
1,149 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
My daughter was denied unemployment for she was terminated.
My daughter was denied unemployment for she was terminated. She made a copy of some notes that her boss had in her desk. I believe she was under emotional distress and had a monetary loss of judgment.… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
Wrongful termination due to disability discrimination.
Wrongful termination due to disability discrimination. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
Need advice on employment law/wrongful termination. At will
Need advice on employment law/wrongful termination … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,757 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
1,149 satisfied customers
I went to the EEOC for age discrimination. They in turn made
I went to the EEOC for age discrimination. They in turn made me sign an AOF retracting it for 90 days severance. I felt I was forced to resign … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 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