Legal Questions Answered

I Make $103,000 Per Year. Can I still get Overtime?

I Make $103,000 Per Year. Can I still get Overtime? By Deskin Law Firm If you make over $100,000 per year, whether through salary, commission, and/or non-discretionary bonuses, you are considered highly compensated. Highly compensated employees are exempt from overtime if you customarily and regulary perform one or more of the duties of an executive, administrative or professional employee. Do I perform one or more of the duties of an executive employee> Read more...

Supervisor is Putting Me Down Because I am Doing Better Than He Is

My supervisor has told me that I have no future with the company and can't count on getting another raise. He doesn't like me because I am a woman and I am getting more praise from our manager that he has ever gotten. Is this illegal? By Deskin Law Firm If your employer intentionally causes or knowingly continues to create an objectively intolerable working conditions, you may have a discrimination case against him for constructive discharge. If a reasonable person would feel compelled to resign because their employer intentionally caused... Read more...

Is My Employer's Conduct Considered Unlawfully Discriminatory?

I am African-American and have been working for my employer for 3 years. Many new people have been hired over time, White, Latino and some African-Americans. It seems like the managers in the store are all White. I have applied for a Manager position a few times and have been told ""No"" in a very friendly way, but I have more experience than most of the people that get management positions. Is this legal? By Deskin Law Firm Your employer cannot refuse to promote you simply because you are African-American.... Read more...

Employers Can Not Discriminate Against Applicants

I replied to an internet employment ad on craigslist. Among other things, the application requested my gender and age. Is this legal? By Deskin Law Firm Discrimination law does protect the rights of applicants. It can be against the law to ask specific questions about gender, age, race, national origin, medical history, workers compensation claims and other protected areas. Am I Protected Against Discrimination Just For Applying for a Job? Read more...

Can a Religious Organization Discriminate Against Me Or Fire Me for Having An Extra-Martial Affair?

I worked for a church and had an extra-marital affair. This particular church believes adultry is sinful and seperates us from God and that my behavior has compromised and undermined my postion. They terminated my employment. Is that legal? By Deskin Law Firm - Is Your Employer Subject to Anti-Discrimination Laws? If the church is a non-profit religious corporation it may be exempt from discrimination laws, and therefore it may be able to discriminate against you. Read more...

Can My Employer Penalize Me for Alerting the Company to Possible Age Discrimination?

I felt that my employer was descriminating against me by not giving me a promotion after working in my same position for 10 years. I'm over 60 years of age and a man 20 years my junior was given the position instead. I complained to the owners of the company and found myself demoted to an even lower place on the totem pole three weeks later. It seems I'm being retaliated against. Is that legal? By Deskin Law Firm An employer may not take any adverse employment action against an... Read more...

Can my Past Employer Refuse to Refer Me for Employment?

My employer would not give me a reference for a new position. He always had a hard time with me and all women who worked under him. Is it legal for him to refuse to refer me to another employer or to bad-mouth me when the new employer calls for a reference? By Deskin Law Firm It may be illegal for your past employer to refuse to refer you for employment or to say things that are not true about you if he is doing so because you are a... Read more...

Can I Be Denied Job Training or an Apprenticeship?

I work under a union contract in the movie business. I am a Republican and everyone else is a Democrat. Otherwise, everyone I work under is White. It seems crazy but my senior union member is discriminating against be because he doesn't like my political beliefs. He won't train me so that I can enter a better position. Is this legal? By Deskin Law Firm Limiting admission to, or employment in, any program established to provide apprenticeship or other job training is illegal if you are a member of a... Read more...

Denying You a Raise or Promotion can be Illegal Discrimination

I started out at a lower rate when I got the job and I was not given pension benefits. I didn't know any better when I was hired. My co-workers have gotten raises each year and they have a 401(k). I think I deserve them too. Is this legal? By Deskin Law Firm Denying you of a term, condition or privilege of employment is cause for a discrimination case but the reason for not giving you these benefits must be because you are in a member of a class of... Read more...

Feeling Like Being at Work is Intolerable?

My employer got mugged by a Latino man and lately he has been openly hostile to me. I am Latino, but I have worked for him for 2 years, so I do not know why he is taking it out on me. Is this legal? By Deskin Law Firm If your employer intentionally causes or knowingly continues to create an objectively intolerable working conditions, you may have a discrimination case against him for constructive discharge. If a reasonable person would feel compelled to resign because their employer intentionally caused objectively... Read more...

American Indian Tribes May Be Able to Discriminate

I work for an American Indian tribe. I am white. I am the only white person that they have hired. Many of my friends have applied to work for the tribe but they simply refuse because the people are not American Indian. Is that legal? By Deskin Law Firm Discrimination law applies to American Indian tribes if the business that your friends are applying to work for is a corporation owned by the tribe. An unincorporated Indian tribe is exempt from discrimination laws. Is My Employer Subject to Anti-Discrimination Laws? Read more...

Employees get Overtime and Independent Contractors Do Not Get Overtime. Which one are you?

I have an agreement with my employer that says that I am an independent contractor. I have been working for him for 3 years and he treats me like all of the rest of the people who are employees. Am I am employee or an independent contractor when deciding if I should get overtime? By Deskin Law Firm It is important to know that an independent contractor does not get overtime, only employees can get overtime - and even then, only certain employees. The language in the contract that you... Read more...