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Christopher Quincy Davis
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Christopher Davis’s Answers

89 total


  • I believe I was racially discriminated at work

    I have been passed over a few times by new boss who fired by previous boss of same racial mix of me. I live in NY ( close to NYC). Can someone help me to understand if I have a case and if so, I want an initial free consultation. I was also told t...

    Christopher’s Answer

    Any request for direct contact regarding advice by visitors to this site is appropriately handled off of the site. You may contact me by email to discuss further (cdavis@workingsolutionsnyc.com), or you can visit the websites of the other employment attorneys in the NYC area who provide free consultations and contact them. You have many to choose from and should spend some time deciding which attorney and advice to trust. Good luck.

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  • Unpaid wages

    I work in a Restaurant in NYC where wages have not been paid for about 4 Weeks , that happened to me and to my co workers . Also many times the checks that our employee paid us have been returned from the bank . It seems like they are having finan...

    Christopher’s Answer

    This is a very common problem that comes up in wage and hour practices. These cases are often handled collectively - if you have common violations, you can file a class or collective action with a single lead plaintiff. You should contact a wage and hour attorney, as others have suggested.

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  • I feel i have a hostile work environment created by 1 of 3 directors. I feel discriminated micromanage it has effected me & son

    t.he actions of my director John doe#1, sent my resume and rental application to his boss 2nd director John does #2. The director John doe# 3 started cursing Jd#1 out because I , I was hired and got the rental apartment from director#2 . I am n...

    Christopher’s Answer

    Your question is confusing, but keep in mind that harassment and workplace hostility can only give rise to a lawsuit if they are motivated by discriminatory bias or animus. More information is needed, but it sounds like the bias you are speaking of, while disconcerting, is not motivated by discrimination.

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  • How can I go about this situation do I need an attorney?

    I been working for macys for 1 year I hve been paying my union dues im part time so im only allowed 20 hours... im 6 months pregnant my job knows that my manager told me if is have doctors appointments to advertise my shift and give her doctors no...

    Christopher’s Answer

    If your are in the union as a part time employee, you should speak to your union rep and, depending on the specific circumstances of your termination, may wish to to grieve your termination under your CBA's process for grieving discriminatory employment actions. If you do have a case for pregnancy discrimination, you will likely need to either exhaust the grievance process or attempt to grieve and be frustrated in your efforts by the union before you can file a lawsuit. However, your protection under the antidiscrimination laws is fact-specific, and, if you are protected and have a claim, your grievance rights and exhaustion obligations depend on the specifics of your situation. Since your case is fact specific, a consultation with an employment lawyer would be best, possibly with one of the lawyers on Avvo who provide free legal consultations off of this site, which is virtually all of them.

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  • Working as an Independent Contract as a Brand Ambassador - fired because of 'being reserved'. What can I do?

    I was working as an Independent Contract for an agency located in California. The project was for a bank and my job was in New York City. I didn't sign a contract with them but I filled out the W9 and got an email confirming my work for 7 days. ...

    Christopher’s Answer

    You may have a legal claim for national origin discrimination if you can prove you were fired for your accent, but this is a fact specific inquiry. Regarding the issue of whether or not you can bring a discrimination claim as an independent contractor, it does not matter if the bank or the placement agency considered you an independent contractor - if the economic reality of the employment relationship is more along the lines of how a W2 employee would normally be treated, the law considers you to be an employee and not a contractor for the purposes of bringing a discrimination claim. Also, independent contractor misclassification is an invitation for abuse - your employer may be cheating you on wages and benefits you otherwise would've been entitled to as an employee. I would recommend that you speak with one of us - an employment attorney on avvo - and get a free employment consult. You can review the attorney listings and decide which lawyer or lawyers seem to fit your needs and contact them to speak with someone who will evaluate your claim for free.

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  • I was just fired via text message. I've been out of work due to an assault. My eye was fractured and I'm having surgery.

    I told my GM, I'd be back to work on a Monday, but would b out Tuesday for a follow up at the ER. I didn't show up for work on that Tuesday & was fired via text message Tuesday evening. Do I have an unlawful firing suit?

    Christopher’s Answer

    Possibly but the answer requires more fact disclosure. You should seek out a free legal consult from an employment attorney on Avvo. Under the FMLA, you cannot be terminated for physicians' visits relating to an FMLA qualifying condition, and the ADA and state/local antidiscrimination statutes may protect you as well.

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  • Can an employer deny me vacation days that I won't get paid out for?

    I am trying to quit my job as a manager, but before I do so, I wish to use the 8 vacation days, 4 personal days, and 2 sick days that I have earned. According to company policy, requests for vacation days must be approved by the District Manager t...

    Christopher’s Answer

    This is a fact specific inquiry. However, generally speaking and without the benefit of reviewing your employee handbook, If there is a policy that vacation days must be approved in advance before they are used, your employer can reasonably deny your request if you final day is less than 2 weeks away. However, it is against the labor law to not pay out earned and accrued vacation days since they are wage supplements and the equivalent of earned pay. So if your vacation pay is accrued, and if you can't use it, you should still be paid out. Good luck.

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  • Do I have to return to work if my employer hasn't yet come through on their promised 'reasonable accommodation'?

    I am currently on disability (ADA medical leave) for depression - paid through Met Life, not SDI. As my reasonable accommodation my doctors and I have requested to transfer to a different dept., as my manager exacerbates my condition. The company ...

    Christopher’s Answer

    I agree with the earlier responses. A word of caution - you and your employer have an obligation to engage in discussions in good faith regarding your reasonable accommodation. I would avoid acting on your anxiety or resentments for now, think of a plan for how you may be able to make the situation work in the short term, and offer up constructive options. I say this because, with respect to the granting of your specific request to transfer to a different department, I have never heard of a corporation making such a meaningful accommodation for depression, and a court will likely find that they are acting in good faith should any dispute, hostility ,or termination arise during the interactive process. Your actions now will be contrasted with their good faith by your opponent in litigation. So even if you think you are being set up to fail, remember that you must be strategic and cautious with your responses. And while I have some doubts, you may actually be working for an employer that understands depression AND the law of disability accommodation and is willing to act sympathetically. Either way, engaging in good faith and giving it a try benefits you - my two cents, but I would recommend a formal legal consult given that these issues are truly fact specific. Good luck.

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  • Do I have grounds for discrimination case?

    I have been working at company for 15 years and have been here longer than many employees who have gotten promoted and raises. Many have started lower than what I am making and now they are making six figures. As a manager I feel I am being discri...

    Christopher’s Answer

    You should speak with a lawyer. I agree with my colleagues. My firm and virtually all of the other firms listed in this section on Avvo will provide a few free legal screening. It's often the case that employees who suspect discrimination are looking in the wrong places for corroboration of their hunch while other truly helpful evidence for your case may be sitting right in front of you and you aren't even aware. Best to get a subject matter expert involved. Good luck, Chris

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  • Does a disorderly conduct violation show up on a background check for employment?

    I had a petty larceny plea - down to a disorderly conduct. Will this violation show up on a background check?

    Christopher’s Answer

    It should be sealed 1 year after your plea but the arrest often still shows up in which case you may have have to pay a criminal lawyer a small fee to have it expunged.

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