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Questions Answered by Charles Joseph Stiegler
2 Answers | Asked in Employment Law for California on
Q: I recently competed a training course from January-March 2017, which my employer paid for...

Today, almost 4 months after the training course began, and a month after I completed the exam, my employer has sent me a contract (dated 4/26/17), asking me to sign to confirm that if I leave the company before X amount of time, I will repay X% of costs. I would have happily signed this before the... Read more »

Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Apr 26, 2017

They cannot make you sign anything. They can fire you for refusing to sign it.

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1 Answer | Asked in Employment Law for Pennsylvania on
Q: my employer took my commission check and said i owed him money. is this legal
Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Apr 25, 2017

It is impossible to answer this question without more information. I would recommend contacting a local employment attorney if you are concerned about your pay.

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Arizona on
Q: Can a employer ask for a employee applicant to be women with large breasts and large behinds? Is this illegal under EEOC

IS IT ILLEGAL UNDER EEOC OR SEXUAL DISCRIMINATION?

Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Apr 25, 2017

Yes, this is illegal if the company employs 15 or more workers. Small companies, with less than 15 employees, are not subject to federal employment laws.

1 Answer | Asked in Employment Law for Louisiana on
Q: Is a Payroll Clerk job covered under a Human and Social Services Degree?

A Payroll Clerk that processes Medical Certifications, Sick Leave, Garnishments, Child Support, Payroll Submissions and Unemployment; would their duties be covered under a Human and Social Services Degree? Aren't these duties considered Human Services?

Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Apr 23, 2017

It is entirely up to the employer to decide whether a certain degree qualifies you for a job. Except for a few highly specialized exceptions (doctor, lawyer, veterinarian), there are no laws requiring a specific kind of college degree for a position.

1 Answer | Asked in Employment Law for Louisiana on
Q: Can I sue my employer for not paying me while on their time?

I work from 6am to 4:30pm. My employer makes me ride a bus to and from work, which takes approximately 30 minutes going and approximately an hour or two from because of traffic. The bus times in the morning start at 4:30, and the last bus leaves at 5:20. I only get paid for ten hours a day and not... Read more »

Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Apr 20, 2017

As a general rule, no. The Portal to Portal Act of 1947 states that travel time prior to the start of the day's work is not paid time. However, there are exceptions - for instance, if you perform any work while on the buses, or perform any work *before* you get on the bus in the morning,... Read more »

1 Answer | Asked in Employment Law for Louisiana on
Q: If an employee is fired is he entitled to accuired unpaid vacation time? If so when must be paid?
Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Apr 19, 2017

Yes, any accrued and unused vacation must be paid out. This is the law, even if the employee handbook says otherwise.

The final paycheck should include the vacation pay. It must be paid out by either the next regular payday, or 15 days after termination - whichever comes first.

1 Answer | Asked in Trademark for Louisiana on
Q: Is it possible to trademark the same name for a completely different service and product? Also different country?
Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Apr 17, 2017

Yes. There is a company called Delta that runs an airline, and a company called Delta that manufactures plumbing fixtures. Because the lines of business are so completely different, there is no possibility of confusion between the two. It gets trickier if there are possible areas of overlap, or... Read more »

1 Answer | Asked in Employment Law on
Q: Is it legal to record a coworker in an argument without their knowledge or consent ?
Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Apr 11, 2017

This is highly state dependent. For instance, in Louisiana, this would be perfectly legal (although it may not always be wise).

In California, it would be a felony. Because you do not list your state, I cannot give you any more detailed advice other than to tread carefully.

1 Answer | Asked in Employment Law for Louisiana on
Q: I had three unexcused absences from work and my company considers it a resignation. Am i still eligible to get my pto?
Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Apr 11, 2017

Yes. Louisiana law requires employers to pay out unused vacation at the end of employment. It does not matter whether the employee quits or is terminated - the vacation must be paid.

1 Answer | Asked in Education Law, Employment Law and Libel & Slander for Louisiana on
Q: I am a teacher and was suspended for a facebook post that was unrelated to school.

This post was about a situation that occurred at 5:30 (after school hours) at my niece's dance gym. It had absolutely nothing to do with school. My principal thought it was about her and went to the school board after I told her it wasn't about her and requested a hearing and suspension... Read more »

Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Apr 10, 2017

This question depends on many factors, including whether you are a member of a union and what the school board policies are in your parish (I am assuming you are a public school teacher). You should contact a local employment lawyer quickly to act to preserve your job.

1 Answer | Asked in Divorce for Louisiana on
Q: Can an attorney file a motion to reverse a divorce due to non payment by client once it's finalized by judge
Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Mar 30, 2017

Your failure to pay your attorney will not result in you being somehow "re-married" as if the divorce never happened. However, your lawyer can sue you for breach of contract or bring you to arbitration before the Bar Association. You got what you paid for - the divorce - and you have an... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for Louisiana on
Q: how to reverse a final judgement?
Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Mar 30, 2017

If an unfavorable judgment has been entered against you, you should contact an attorney immediately. In most cases, the only way to get a final judgment reversed is to file an appeal. There are very tight - and strict - timelines for filing a notice of appeal in both federal and state court. In... Read more »

1 Answer | Asked in Contracts, Collections and Landlord - Tenant for Louisiana on
Q: need to file suit for non payment of rent over $5000 which court is appropriate in Lafayette, Louisiana?

I've already posted eviction notices and the tenant has moved out as of march 18th 2017

Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Mar 30, 2017

A claim of this size is probably best brought in Lafayette City Court (assuming it's within city limits). I would contact the Clerk of Court for the 15th JDC and ask how to proceed. I will warn you that even if you do get a court order awarding back rent, in many cases it is very difficult to... Read more »

1 Answer | Asked in Libel & Slander for Louisiana on
Q: I have filed a defamation lawsuit with the clerk, 3/23/2017. When can I expect a ruling?

Federal Court, Eastern District of Louisiana, suit v. City of New Orleans

Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Mar 30, 2017

You are getting far ahead of yourself. It sounds like you need some basic information on federal civil procedure and how the legal process works. You should contact the clerk of court and ask if they have information or pamphlets for self-represented litigants (also called "pro se"... Read more »

1 Answer | Asked in Libel & Slander and Employment Law for Mississippi on
Q: Is it slander if someone shows the surveillance video of you to someone else without your permission

I was fired from my job for clocking in and sitting in my car the whole time I was clocked in .my father-in-law went there today to see the surveillance video and my ex supervisor showed him the video without my permission. My wife is now considering divorce and taking my children from me. I would... Read more »

Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Mar 30, 2017

Slander only applies if the statement is false. In other words, if they told someone you were stealing, but you weren't actually stealing - that would be slander. Here, the video is not false, therefore it is not slander.

1 Answer | Asked in Employment Discrimination and Employment Law for Mississippi on
Q: My employer just issued a new handbook. In it, it states that you are allowed to used sick leave for immediate family.

They state that you can use sick leave for immediate family (if you need to be off because they are sick or you need to take them to the doctor), they do not state what is considered immediate family. They have told numerous employees that you can not use it for parents just spouse and children. If... Read more »

Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Mar 30, 2017

The company is free to define "immediate family" however it wants for the sake of its own policy. I agree that most people would consider parents to be immediate family, but the company is not legally required to give you sick leave for your parents' illness.

1 Answer | Asked in Employment Law for Louisiana on
Q: Can a company change its vacation policy less than two months before your expected vacation hour increase?
Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Mar 28, 2017

Yes. A company is free to change its vacation policy moving forward at any time - they can even cancel it entirely. However, they may not retroactively change the policy to take away vacation that has already been accrued and earned. Vacation that has already been accrued is considered the same... Read more »

1 Answer | Asked in Employment Law for Louisiana on
Q: My employer who normally direct deposits my check says its their policy to mail out finally checks . Can they do that?

Payday was feb 15, and I'm now waiting for the check to be mailed to the district manager, and he's supposed to contact me to pick it up. Is this legal?

Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Mar 28, 2017

Yes, they may either mail it directly to you or arrange to let you pick it up at your normal place of work. However, they must send the check with all wages due and owing by either 15 days after your last day of work, or the first payday after your last day of work. If you still have not received... Read more »

1 Answer | Asked in Employment Law for Louisiana on
Q: is the 15 day deadline also in place for any previous checks that i did not cash but have asked to be re issued?
Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Mar 28, 2017

I don't completely understand what you mean by 15 day deadline. If you are asking about an employer's duty to pay a paycheck on time, all the employer is required to do is deliver or mail the check to you. Your failure to cash it on time is not the employer's fault.

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