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Erica Nicole Cordova

Erica Cordova’s Answers

34 total

  • Do I need an employment attorney for retaliation?

    I work contract security. A week ago loss prevention for the company we are contracted through told us we had to attend a mandatory interview about missing merchandise. In the interview I was not allowed to have a person from my company there and ...

    Erica’s Answer

    I agree. It does not appear that you have stated any legitimate legal claim, unless the "retaliation" was based on your membership in a protected class.

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  • I need an ADA Discrimination attorney for an apartment complex

    about a need for a Ada parking space next to ramp installed for me to apartment

    Erica’s Answer

    You can use the "Find A Lawyer" feature above to find an attorney in your area that handles ADA issues.

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  • Is it legal for me to work 40 hours consistently, and for my employer to consider me part time?

    I consistently work 40 hours every week as a teaching assistent and my employer says they will not consider me fulltime or give me benefits.

    Erica’s Answer

    Employers often use more technical language such as "regularly scheduled to work 40 Hours per week" to define eligibility. For example, if you are not "scheduled" to work 40 hours then you are not eligible for the benefits. The employer has discretion to determine who is eligible.

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  • Can my former employer continue to email me and give out my email to others?

    She claimed my job was no longer relevant but then gave my position to her best friend. The replacement doesn't know what she's doing and needs help constantly. She keeps having my former boss email me her questions and then my former boss also ...

    Erica’s Answer

    Just don't respond to the emails and block the email addresses.

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  • Is it lawful to receive less of a raise than other employees at same pay level and performance due to being hired @ higher wage?

    Left old job of 8 years for new job after I negotiated pay for a new place of employment. No contract was signed saying my raises would be less than others... Employees at same pay level and same performance as me (meets expectation...

    Erica’s Answer

    Yes, differences in pay & raises are legal as long as it is not discriminatory and not based on your membership in a protected class (i.e. Race, age, gender, disability, etc)

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  • I am suing an Independant school district for harassment,retaliation wrongful termination. My lawyer is pushing me to settle

    What should I do? I feel like $8,000 to 10,000 is not enough for the discrimination I went through.

    Erica’s Answer

    Ultimately, the decision is completely yours whether or not you want to settle. You have not provided sufficient information/facts to know whether $8k - $10k is on par for cases like yours. That being said, your attorney's role is to advise you on what he or she thinks are your best options. Often, your attorney is better suited to see the big picture without emotional attachment. You should be discussing these concerns with your attorney and perhaps he or she can give you more guidance on why they are advising you to settle, as there could be a number of factors (that weren't included here).

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  • If I apply for a position transfer or promotion with my current employer, can they ask illegal questions during the interview?

    For example: family status and childcare arrangements. When I protested, I was told that because I was already an employee of the company I lost protection from "illegal" questions that an outside applicant would have.

    Erica’s Answer

    As a current employee, you have the same rights as a new job applicant. The employer is still prohibited from discriminating against you because of your membership in a protected class (i.e. race, gender, national origin, age, disability).

    It should like this employer in particular is concerned about your status as a parent. I have provided a link below regarding whether you have any EEO protections as a parent/caregiver.

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  • I am White. I got fired from my job because "I don't talk Black enough" by my black boss. Can I sue under employment law?

    I am White. I got fired from my job because "I don't talk Black enough" by my black boss. Can I sue under employment law?

    Erica’s Answer

    You would need more facts for an opinion on whether a claim would be viable, but generally, yes, you can file an EEOC claim for this type of behavior alleging discrimination on the basis of your race. I suggest you contact an attorney in your area as soon as possible to assist you with this matter. Also, please be mindful of strict filing deadlines. I have provided a link below where you can learn more about how much time you have to file a claim.

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  • Do i have a wrongful termination case

    i was let go from a company shortly after discovering that my boss was stealing, and that her daughter, also an employee was using meth.

    Erica’s Answer

    You would need to provide more information for anyone to give you any short of valuable opinion. However, generally, employment is "at-will" unless you have an employment contract or are subject to a union agreement. This means that the employer can terminate you at any time, for any reason, so long as it is not discriminatory in nature.

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  • My employer offers medical insurance to some full time hourly employees but not other full time employees, is this legal?

    This is a medical facility and CNAs and RNs which are hourly are offered health insurance but the unit secretaries and kitchen staff are not even though the unit secretaries and kitchen staff work more hours.

    Erica’s Answer

    Generally, yes, it has been (and continues to be) legal for employers to offer different levels of benefits to different employee classes. However, there are provisions of the new Affordable Care Act that make it illegal for health plans to discriminate in favor of "highly compensated" employees compared to the benefits offered to other employees in the company. Generally, "highly compensated" refers to individuals in higher level positions than CNAs and RNs - usually it refers to CEO, CFO, COO, and other executives and upper management.

    I have provided a link below with more information on this.

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