Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

I believe I was unjustly profiled at my job. I was the ONLY…

Customer Question
I believe I was...

I believe I was unjustly profiled at my job. I was the ONLY ONE accused or questioned about missing candy and rummaging through someone’s drawers at work. I’m not the only person who has access to this office but I was the only one questioned and humiliated because I’m the only fat/overweight person at my job. I asked my other nurses if they were asked about the missing candy but no. JUST ME! I was disgusted and ashamed/humiliated and I couldn’t go into work that night. I called in sick. I still have the email I was sent. A CC was sent to the person who’s candy was stolen. I forwarded the email to my supervisor and manager of the facility, telling them how I felt. Neither one responded. I feel like I’m being bullied all over again. I’m not sure what, if any, chance I have to bring legal actions towards them. I have to pump myself up now so I can go into work. I never had to do that before. I have to tell myself to NOT call in. Do I have a chance/case?

Lawyer's Assistant: Have you discussed the accusation with a manager or HR? Or with a lawyer?

I forwarded the email to both my nurse manager and the facility manager and got no response. Like, they don’t care!

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I’m not union.

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

Don’t think so.

Submitted: 1 month ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 hour by:
12/26/2017
Lawyer: Marsha411JD, Attorney replied 1 month ago
Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 20,616
Experience: Licensed Atty, 29 yrs exp in the practice of law.
Verified

Hello,

Thank you for the information and your question. Can you please tell me what State you work in and also if you have file a discrimination complaint with your HR/EO Department?

Ask Your Own Legal Question
Customer reply replied 1 month ago
I live and work in Kansas. I forwarded the email with a complaint to my nurse manager and the facility manager and received no response. Do I need to contact corporate HR? I added a pic of the actual printed out email I received. Hope u can read it.
Lawyer: Marsha411JD, Attorney replied 1 month ago

Hello again,

Yes, if you believe that you are being discriminated against, you must first file a formal complaint with your EO/HR office and let them try to resolve the issue. Not until you do that and they fail to end the alleged discrimination going forward would you have any form of potential legal complaint to file with the State or the EEOC, or the courts.

That said, being overweight or obese is not, per se, a protected status under employment discrimination laws. However, if a particular individual would qualify as disabled under the ADA, then they would be protected from discriminatory conduct. So, there is no guarantee that in your case this would ever be a legal issue and may, instead, be a management/workplace professionalism issue. That is especially true since, even when there is a singling out of an employee who is protected under employment discrimination laws, there must be a finding that they either were subject to an adverse employment decision (demotion, termination, etc.) are were subjected to "severe and pervasive" harassment. That means that a one time act would normally not be actionable.

All that said, once you speak to HR and see what they say and do, if you feel they didn't resolve the issue, you can always sit down for a consultation with a local employment law firm and discuss any history of behavior in your workplace, and also your physical limitation or medical conditions, if any, to see if they think the local courts would respond favorable to a claim of unlawful discrimination under the ADA.

Please feel free to ask for clarification if needed. If none, then if you could take a moment to reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

Ask Your Own Legal Question
Lawyer: Marsha411JD, Attorney replied 1 month ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 26th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

Ask Your Own Legal Question
Was this answer helpful?
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 20,616
20,616 Satisfied Customers
Experience: Licensed Atty, 29 yrs exp in the practice of law.

Marsha411JD 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:

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

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I have been gangstalked, harassment, electronic harassment,n
I have been gangstalked, harassment, electronic harassment,n my life being threatened.. I fled from Minnesota to Davenport..I have reported this to Davenport police,whom I believe r ignoring the facts… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
If someone is harassing my daughter and myself with multiple
If someone is harassing my daughter and myself with multiple phone calls and texts from different phones, how do I get them to stop? They may also be spreading rumors and lies about her and my family … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,121 satisfied customers
My daughter is being harassed by her neighbors in her
my daughter is being harassed by her neighbors in her community, now she is black everyone in the community is white or hispanic, what can she do, she has filed a complaint with the homeowners assoc … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,121 satisfied customers
It's a question regarding an allegation of harassment at
It's a question regarding an allegation of harassment at work. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,283 satisfied customers
I wanted to sue for extortion and harassment. Is that a
I wanted to sue for extortion and harassment . Is that a civil or criminal matter? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am on probation and I have a person that is harassing me
I am on probation and I have a person that is harassing me sending my recort to every employer and family and church is there something I can do to stop them… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
My friend and I were sexually harassed by the deputy
my friend and I were sexually harassed by the deputy director of a dui program- non profit, he was terminated today based on the evidence that was presented- I think they may want to settle out of cou… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,283 satisfied customers
Not sure if I am the victim of libel, slander or harassment.
Not sure if I am the victim of libel, slander or harassment. A couple is having marital problems. The husband has lied about seeing me, coming to my home, etc to get wife jealous and to get her attent… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I have an ex manager that has harassed, bullied, and defaced
I have an ex manager that has harassed, bullied, and defaced my character and continues to do so even though he is no longer in the position. He was in it for 2 months and has now moved on but is stil… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I've been purposefully singled out and harassed by law
I've been purposefully singled out and harassed by law enforcement in my town. They have no proof of any wrong doing yet they continue … read more
Zoey, JD
Zoey, JD
Doctoral Degree
182 satisfied customers
I have a question regarding harassment. Minnesota. My
Hi - I have a question regarding sexual harassment. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,283 satisfied customers
If my child is being retaliated, discriminated and harassed
If my child is being retaliated, discriminated and harassed against and she is on a 504 Plan, and the School administration is aware of this do we have the right to sue them from a civil standpoint. M… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,283 satisfied customers
I'm being harassed by the mintence man. Okllahome. Like.
I'm being harassed by the mintence man JA: Because laws vary from place to place, can you tell me what state this is in? Customer: Okllahome JA: Has anything been filed or reported? Customer: Like JA:… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,207 satisfied customers
Can you sue someone for harassment and for them taking a
Hi can you sue someone for harassment and for them taking a picture of your car?.... I went up a drive way and needed to turn around there was a water department area and I needed to turn around the m… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,283 satisfied customers
My wife and i are continuing to get attacked by a harasser
my wife and i are continuing to get attacked by a harasser through online we don't know who it is but they continue to place negative reviews online and they just sent my business website a email using fake accounts how can we find out who this is? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
It's a harassment issue. Ct. Union. It is a problem with a
It's a sexual harassment issue JA: Because laws vary from place to place, can you tell me what state this is in? Customer: ct JA: Is the employment agreement "at will," union, full time or part time? … read more
LegalGems
LegalGems
Juris Doctorate
11,013 satisfied customers
Im being harassed by a former employee and client and they
Im being harassed by a former employee and client and they have set up a website that has a domain name as _________isathief.com. Do I have any recourse? … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I am being harassed by an employee of a gov.agency also
I am being harassed by an employee of a gov.agency also being discriminated and constitution rights are being violated … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,583 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