Promotions, Gender & Discrimination
(21-SEP-09)
I am a teacher that has recently trained and licensed to become a campus administrator. This past summer my principal informed me that there would be a position open and that I should interview. He (my principal) also told my husband (who works in the same school) that he should start "seeking a position elsewhere," since as his spouse I could not be his direct supervisor. This led me (and my husband) to believe that my principal was going to promote me to assistant principal.
After the interview, I learned that he decided to hire a man for the position. There were six interviewees (including me), and only one of them was a man.
During a sit-down with my principal after the interview, he told me of another assistant principal opening at a high school but he was angry that the high school principal "only interviewed women for the position."
I then later learned that the interview committee that sat in on my interview all recommended me for the position at my school, but that my principal persuaded them to consider the man because he felt the man was more qualified for the position - he has less experience than me.
Do I have a case for sexism in the workplace?
Gender & Equal Pay
(31-AUG-09)
I work for a hospital and recently found out that several men with comparable or less experience and education are making more than me. Several other female employees are also in the same situation and may be interested in pursuing this.
Work Breaks in Texas
(24-AUG-09)
What is the Texas Law on taking breaks and lunches? I understand it has changed.
Discrimination Based on Disability or Perception of Disability; Family and Medical Leave Act
(06-JUL-09)
Two weeks ago my company found out that I have terminal cancer. Today, they laid me off. Do I have any recourse?
Denial of Wnemployment Benefits
(29-JUN-09)
Was fired from job as they said I didn't follow instructions and also forged company documents. Now unemployment won't pay as they state there is an "ISSUE". What can I do as I did none of this?
Employer Reduction of Wages, Vacations, and Paid Holidays
(22-JUN-09)
Can an employer reduce wages and take away vacations and paid holidays?
Family and Medical Leave Act and Short Term Disability
(08-JUN-09)
Does an employer have the right to fire an employee if they were on the Family Medical Leave Act then short term disability?
Undocumented Workers Are "Employees'" Within the Meaning of the Fair Labor Standards Act.
(01-JUN-09)
Can an employer not pay the employee due to his legal status?
Workplace Harassment
(25-MAY-09)
Can an employer be sued for allowing a employee to yell, use foul language, and the persons who handles the HR issues was present went the hostile employee to talk down to me and never did anything about it and he continues to talk down.
Are These Wage Deductions Illegal?
(24-NOV-08)
Can an employer deduct wages for tardiness to work (i.e. 1 minute late=30 minute deduction; 15 minutes late=1 hour deduction, 16+ minutes late=considered absent and uncompensated)? Thank you for your response.
If I Work Through My Lunch Break, Should I Get Paid?
(17-NOV-08)
My company offers a 30 minutes lunch break each day that we are charged for. I lose $30.00 per week for lunches that I do not take. I may eat a snack at my desk, but I am still available by the phone to take calls. Can I stop my employer from taking this money from me when I do not take the lunch break? Can I also file for back moneies taken if I am right?
When Can My Employer Legally Deduct Money From My Paycheck?
(10-NOV-08)
If I cause damage to an employer's car, can they deduct money out of my paycheck?
Am I Owed Pay for Notice Period?
(03-NOV-08)
I gave two weeks notice to my employer and was told to clear my desk and leave immediately. As I gave two weeks notice as the correct thing to do, and then not permitted to work Am I entitled to pay for those two weeks notice?
Can My Shift Change After Using FMLA?
(27-OCT-08)
Can an employer provide me with any available shift once I return from FMLA instead of the shift I worked prior to being placed on FMLA?
Inappropriate Questions During Job Interview/Assessment
(13-OCT-08)
I interviewed for new job. To be considered for
the position, I had to take an assesment and
personality test. The personality test asked very
inrtusive questions related to sexual orientation,
religous practices and mental and physical state
being. I can't see how this is allowed and what it
has to do with the position I was applying for. The
position was retail in nature. Is this legal?
English Only Policy at Work
(06-OCT-08)
Is it legal for management to tell us we can't speak spanish in our office amongst each other in Texas?
Protected FMLA Leave
(09-JUN-08)
I am on FMLA for my father; he had major cancer surgery on May 28. I went to work on May 30 and was told I would have to resign or be terminated by June 4. She told me to either choose my job or my dad. I still have some FMLA time left. I also told her I could work 3 days a week until I know what's going on with my dad. She won't let me do that. Is there any help? I don't know what to do; is there anything I can do?
Former Employer Slandering Former Employee
(02-JUN-08)
Is it legal for an employer to tell clients and other people why they fired you, what the employer is saying is untrue. Is this slander?
Deadlines To File Sexual Harassment Claims
(26-MAY-08)
How long do I have to sue for sexual harassment? For instance, if I was sexually harassed ten years ago, is it too late to file a charge?
Can You Sue For An On-The-Job Injury?
(19-MAY-08)
I had an on the job injury due to broken products and my finger was broken. Can I file a lawsuit for the incident? Anything like negligence to employee safety, pain and suffering, etc?
Employer Asking About Arrests Or Criminal Convictions
(12-MAY-08)
Why can an employer ask if you have ever been convicted of a crime but not about your arrest?
Age Discrimination Matter
(05-MAY-08)
I worked for a healthcare company 10 years; I won awards, high achievement and acknowledgements. Months ago, the CEO and the new RDO (regional dir. of operations also my direct supervisor ) pressured me to take on a new development through statements of support, increase of salary by 25k and promise of the next new property to be located close to my personal home.
The new RDO, who is half my age, soon began making comments regarding my age in front of my staff i.e. referred to me as "old bag." She set up a hostile environment among my new staff at the new site and, within 6 months, she fired me with two lines: "You are done." and "You need to go find yourself." During this time, I was told by corporate representative that I needed to "lose weight, see a makeup consultant and improve my wardrobe."
This same RDO change in support happened when, weeks earlier in the first facility, she had instructed one of my staff members to fraudulently create a certificate of attendance for a class for another staff member. This was to prevent a deficiency from the health inspecting team. I objected and refused to cooperate or fake certificate of CEU. This RDO then began her attacks on me. She pushed to transfer me then set up an environment for me to work in a state of fear. The verbal and underhanded attacks were paralyzing.
I am now out of work at an age that will make it very difficult to resume my career as a nursing home administrator (61).
Possible Overtime Violations
(28-APR-08)
I work in a Doctors office; we are all on salary. Does this mean we get paid the same money whether we work or not? Does she owe us extra if we work overtime daily? Can she cut our pay if we take off for a doctor visit of our own? We have no sick time and only 1 week vacation per year. Legally speaking, how does being on salary differ from being paid hourly?
Employment Arbitration Agreements
(21-APR-08)
Can my employer hold me to an arbitration agreement that I never signed? I was never given an option and I recently found out, after trying to file a claim, that my rights were automatically waived when the company inserted the arbitration clause in a policy manual without informing the employees. Can I be held to an agreement that I didn't agree to, and had no knowledge this existed?
Can Company Withhold Paychecks?
(14-APR-08)
I am a restaurant manager. My company recently designed a new bonus structure. Many of the other managers are unhappy with the terms of the new structure and don't want to sign on for it. The owner sent out an e-mail saying that if we didn't sign for the new bonus structure he would hold all manager paychecks until everyone signed. I want to know if this was legal?