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Claudia A Reis
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Claudia Reis’s Answers

23 total

  • Is it discrimination if your manager says they will not hire a woman for a specific job?

    I currently reside in NJ. There was a job opening at my job and it was a management position that came with a raise and more responsibility. I was told by a manager who was later promoted to our HR manager that they were not interested in hiring ...

    Claudia’s Answer

    I cannot imagine a job at a law firm where being male would be a bona fide occupational qualification. For that reason, you should certainly seek out people who regularly handle cases on behalf of employees in New Jersey if you had the qualifications for the job. There are many of us that exclusively handle such cases and have profiles on AVVO. Also, you can go to the "Find a Lawyer" page of www.nelanj.org. NELA-NJ, of which I am President, is an organization comprised of attorneys that exclusively and/or largely represent employees in claims against employers.

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  • My doctor put me on medical leave until further notice. My employer fired me.

    The company is less than 50 employees, so it does not qualify for FMLA. What can I do?

    Claudia’s Answer

    New Jersey's Law Against Discrimination requires that employers provide you with reasonable accommodations of your disability (medical condition), which accommodations may include leaves of absence or time away from work to seek and obtain treatment or recover from a medical condition. That means that even if your employer does not have 50 employees, you may still be entitled to leave. Whether or not you are entitled to leave, however, requires some discussion about your illness, expected time away from work, job duties, and the employer's operations to determine if your absence will cause an undue hardship in which case the employer may not be required to grant you leave. When searching for a lawyer to represent you, be sure to look for attorneys who regularly and routinely (if not primarily or exclusively) represent employees in claims against their employers to ensure that your matter is handled properly. There are many of us in New Jersey who primarily and exclusively handle these types of claims who are represented here on AVVO. Also, you can go to www.nelanj.org, which is an organization whose members are attorneys who largely handle employment claims and whose employment practices consist of more than 50% plaintiffs' work (meaning more than 50% of their cases involve representing employees).

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  • Can I pursue a Pro-Bono attorney for unpaid OT, skimmed wages, and providing false statements for background checks?

    I was not paid for overtime hours worked during Hurricane Sandy. My wages have been less than what was agreed upon. Promotions have been given to others not qualified, based on race/religion. Most importantly, my former employer was denying that I...

    Claudia’s Answer

    Pro Bono means that the attorney does the work for free and gets paid nothing. There are few (if any) lawyers willing to do work for free; however, some attorneys are willing to handle matters on a contingency basis meaning that they collect a percentage of money that they are able to collect on your behalf. If you worked in New Jersey, you should look for a New Jersey employment attorney. Make sure you hire someone who regularly and routinely (if not primarily or exclusively) handles employment cases to ensure that your matter is handled properly. Avvo is a good place to search for an attorney as is www.nelanj.org (it also has a Find a Lawyer Function and allows you to search by county). NELA-NJ is an organization devoted to the pursuit and protection of employees' rights in New Jersey and its members are people who devote more than 50% of their employment practice to representing employees.

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  • What are signs of elder discrimination at work?

    Wages decreased. Demoted. No disciplinary record. CEO referred to employee as a dinosaur after meeting employee. Stated that demoted due no more managers. Less than a year later new manager identified at the branch.

    Claudia’s Answer

    Age discrimination manifests itself in many different ways so there may are countless examples of such discrimination. The easiest way to determine if there is age discrimination is when an employer treats its older workers more harshly than its younger workers. For example, if the employer holds the older employees to tougher more stringent standards or disciplines them more harshly than younger workers, that could be a "sign" of age discrimination. Also, if the employer lays off older employees in greater numbers or gives them less favorable benefits of employment -- like lower salary increases -- that, too, may be a sign of age discrimination. To determine whether you are being subjected to age discrimination at work, you should really talk to an attorney who routinely handles employment matters (not someone who dabbles in this type of work). There are many of us in NJ that primarily or exclusively practice plaintiff's employment work. You should reach out to one of us -- you can go to the Find a Lawyer page on www.nelanj.org to find such an attorney.

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  • Do I need an employment lawyer.

    I was fired from job recently. My boss didn't go into details, she just stated I had a bad call. My employer knew about the call but fired me 10 days later. I had written letters about to human resources about her. Human Resources stated that know...

    Claudia’s Answer

    Let me start by saying that New Jersey is an at-will employment state meaning that you can be fired for any reason or no reason at all as long as it is not an unlawful reason. That means if your boss is just a bad manager or has a personality conflicts with you, there is nothing unlawful about that. You may, on the other hand, have a legal claim if she treats you differently because you are a member of a protected class (for example, because of your race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, genetic information, pregnancy, sex, gender identity or expression, disability or atypical hereditary cellular or blood trait of any individual, or because of your liability for service in the Armed Forces of the United States or the nationality of any individual, or because of your refusal to submit to a genetic test or make available the results of a genetic test) or if you were retaliated against for complaining that you were being treated differently because of any of those reasons or if you blew the whistle on conduct that you reasonably believed violates the law, a rule, regulation, public policy of this State or constitutes improper health care practices if you are a licensed health care professional. In short, your question makes clear that you complained to HR about your boss but it is unclear what you complained about and whether your complaints fell into the category of protected conduct. If so, you may have a claim.

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  • My husband's new manager who used to be a peer doesn't like him. He's threatening to fire him for something you get a write up 4

    My husband picks up donations for charity. He's been there 3 years. My husband is also a reservist in the US Marine Corps which requires him to take some Fridays off. His manager used to be a driver like him but was promoted when the other guy lef...

    Claudia’s Answer

    While New Jersey is an at-will employment state meaning you can be fired for any reason or no reason at all, you cannot be fired for an unlawful reason. Specifically, the law protects employees from discrimination, harassment or retaliation because of their service in the armed forces. This means that if your husband's now-boss is discriminating against your husband because he takes days off to serve, that boss/employer may be violating the law. One way to show discrimination is to show that your husband is being singled out or treated more harshly for treatment or discipline than his co-workers when the two engage in the same conduct (such as picking up the wrong donation). He may want to complaint to HR about being discriminated against because of his service if that is what he believes is occurring. I encourage him to reach out to a New Jersey plaintiffs' employment attorney to get advice about how to proceed because although retaliation is against the law, the sad truth is that employers/bosses/supervisors often retaliate against people who complain. So he should proceed in a manner that protects him as much as possible.

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  • Can my supervisor consider a belligerent joke funny when he says "bend over for a bonus" or "this room is for white only" is th?

    Is it ok for him to joke with my self and others this way he had made me feel very uneasy and threatens at my work place to think that He has created a very hostile environment with his toxic attitude and i what to stop him immediately HR cant hel...

    Claudia’s Answer

    You should definitely find a plaintiff's employment attorney in your area and consult with him/her for advice on how to best handle this situation. Such conduct is outrageous and need not be tolerated in a workplace; however, you need to be smart about how to address the issue so as to minimize any potential harm to yourself because while retaliation for complaining about unlawful discrimination/harassment is illegal, the sad truth is that retaliation does occur. Therefore, make sure you protect yourself while doing what is right. You can find plaintiff's employment attorneys through the "Find A Lawyer" section on Avvo or through the member directory on http://www.massnela.org/ (Mass NELA is the Massachusetts affiliate for the National Employment Lawyers Association, which exclusively represent employees in disputes with their employers).

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  • Can I sue my ex employer for discrimination?

    I was fired a week (to the day) after I presented my employer with a note from my orthopedist stating I couldn't clean snow off of the cars. I had never been asked to do it at any dealership I had worked before, and I told them this. I did help 2 ...

    Claudia’s Answer

    You may have a claim but additional information is necessary. You should know that employers in New Jersey are required to provide employees with reasonable accommodations to enable them to perform the essential functions of their job unless doing so causes an undue hardship for the employer. Thus, whether or not cleaning snow off of cars is an essential function of your job is a question that must first be determined. That is a fact sensitive inquiry that requires a discussion of various issues, including but not limited to, your job duties on a daily basis, how much of your time was spent cleaning snow off cars, and whether all other people in your job duty were required to clean snow off of cars. Other necessary inquiries include whether there was a way to help you clean snow off cars, whether there was a way to restructure your job so that you didn't have to clean snow off cars, and whether the restriction was permanent or temporary. There are many other questions that must be answered so you should certainly talk to a New Jersey employment lawyer. There are many of us who routinely handle employment matters.

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  • Wrongful termination lawyer

    I was hurt 11/1/2013 not at work I was able to collect disability I was to return to work 2/28/2014 I worked for this company since 2/8/2013 when it came time to return to work I called many times only for them to give me the run around and not re...

    Claudia’s Answer

    If your employer has 50 or more employees, you are entitled to 12 weeks unpaid leave to care for your own serious medical condition under the FMLA (the Family Medical Leave Act). Upon the conclusion of that 12 week period, you may be entitled to an additional period of leave as a reasonable accommodation, which employers are legally obligated to provide regardless of the number of people they employ. Also, if the employer did not provide you with the proper notice under the FMLA such as advising you of when your leave started, when it ends, and the repercussions if you do not return at the conclusion of leave, your employer may not be able to designate the leave as FMLA, thus, entitling you to additional time. Lastly, even if your employer does not have 50 or more employees, it cannot fire you because you requested the reasonable accommodation of time off to care for or recover from your medical condition and/or treatment. You should definitely speak with a New Jersey employment attorney if you worked in NJ because you may have a claim.

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  • I work for a company for 8 yrs and the supervisor took my overtime away for no reason and gave it to another worker is it legal

    the supervisor told me none of my business

    Claudia’s Answer

    If the employer took away your overtime for "no reason", you may not have a claim unless (i) there are contractual provisions (such as a handbook or written policy) that explain how overtime is assigned and the manner of assigning it does not comply with those contractual provisions, or (ii) the employer took it away from you and is giving it to someone else because you are a member of a protected class (the most common protected classes are race, gender, disability, age, pregnancy (or because you are recovering from pregnancy), national origin, ancestry, familial status, civil union status, domestic partnership status, sexual orientation, gender identification) or because the employer favors members of certain protected classes, or (iii) the employer took it away from you and is giving it to someone else because you objected to, disclosed or threatened to disclose, or refused to participate in actions that you reasonably believed violated the law, a rule or regulation or are incompatible with a clear mandate of public policy concerning public health, safety, or welfare or the protection of the environment.

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