Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Carrie Dyer
1 Answer | Asked in Employment Law for Texas on
Q: If HR notifies an employee of the amount of PTO they can they come back later and change it?

I'm a cancer patient. I sent an email to my HR rep asking if she had calculated my PTO. Her reply was you have 28.69 days. I was told I could use them in connection with flma which was required. 4 days later I'm told that I don't have any and the coming Friday will be the last... Read more »

Carrie Dyer
Carrie Dyer answered on Jan 19, 2022

It sounds like there is some confusion within the HR department if you are getting conflicting information. Do you have a copy of the company handbook that explains the accrual of PTO? Are there other income options for you to consider while you're out on FMLA leave, such as short-term... Read more »

1 Answer | Asked in Criminal Law, Employment Law, Civil Rights and Employment Discrimination on
Q: I have a right to sue letter from the EEOC. Is it possible to have an attorney fill out the form without signing it?

I will sign it and do not need to know who filled it out. I can submit documentation or breakdown the charge for filing. This is an employment issue in regards to working for The State of Alabama (twenty-three years) age/gender discrimination for wrongful termination. Based on pretext, the state... Read more »

Carrie Dyer
Carrie Dyer answered on Jan 19, 2022

It's unclear what you are asking. If you have a right-to-sue letter from the EEOC, you need to ensure you file a lawsuit within 90 days of your receipt of the letter if you are intending to do so. You should contact an employment law attorney in your area as soon as possible to discuss your... Read more »

1 Answer | Asked in Contracts and Employment Law for Connecticut on
Q: Do I have to give required notice prior to leaving during contract transition period?

My hospital contracted our physician group to a physician provider company. As a result, I was entered into a contract with this company but soon after hospital decided not to move forward with the company. Administration informed they are in the process of transitioning the contracts back to the... Read more »

Carrie Dyer
Carrie Dyer answered on Jan 11, 2022

Not enough information is provided to answer your question. You should contact an employment attorney in your area to review your original contract with the hospital, as well as the new contract you signed with the physician provider company. The language of the contracts will dictate what your... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Indiana on
Q: I believe my participation in the Family Medical Leave Act has affected my job in the areas of wages &shifts. Options?
Carrie Dyer
Carrie Dyer answered on Jan 11, 2022

You should consult with an employment attorney in your area to discuss your situation. The FMLA prohibits your employer from interfering with your rights under the FMLA (such as job restoration after a qualifying leave) or from retaliating against you after you return from FMLA leave. The... Read more »

View More Answers

1 Answer | Asked in Domestic Violence and Employment Law for Illinois on
Q: I work at a domestic violence shelter. I have a coworker who has been giving me the silent treatment for months which

Is a form of abuse yet my employer does nothing

Carrie Dyer
Carrie Dyer answered on Jan 5, 2022

More information is needed to answer your question. Is your coworker singling you out and giving you the silent treatment due to your status in a protected class (race, religion, age, etc)? If not, and the reason for giving you the silent treatment is merely a personality conflict, your employer is... Read more »

1 Answer | Asked in Employment Law and Health Care Law for Michigan on
Q: contract allows either party to terminate with 60 day notice, I have resigned but end date of 5/6/2022

Can employer terminate now that I have almost worked 60 days since resignation without having to pay my wages for 60 days since they are severing contract before my last day of work provided in resignation?

Carrie Dyer
Carrie Dyer answered on Jan 5, 2022

This depends on the language in your contract. You should contact an employment lawyer in your area to review the contract.

1 Answer | Asked in Employment Law for Tennessee on
Q: I punched my toolbox out of anger at work I think I broke my hand

I told my service manager about it and showed it to him, I was told well you shouldn't have punched anything, so now Im still at work putting myself in agony trying to do my job.

Carrie Dyer
Carrie Dyer answered on Dec 29, 2021

I'm not sure what your question is. If you think you broke your hand, you should seek medical treatment. If your medical provider recommends that you take time off of work or gives you restrictions, you should inform your employer. If you need to miss work, and you are otherwise eligible, you... Read more »

1 Answer | Asked in Employment Law on
Q: Hi can an employer give you a contact after 14 years of work
Carrie Dyer
Carrie Dyer answered on Dec 29, 2021

Your question does not provide enough information to properly answer your question. Generally, yes, your employer can require you to sign a contract at any time.

1 Answer | Asked in Employment Law for Texas on
Q: I tested negative twice with at home covid tests and my work asked for actual lab results. Can they do that?

Are at home negative tests proof enough?

Carrie Dyer
Carrie Dyer answered on Nov 17, 2021

Yes, your employer can require test results from a lab.

1 Answer | Asked in Employment Discrimination and Employment Law for Colorado on
Q: I was on FMLA leave for almost a month now that im back ive been told i am not allowed to do overtime in most areas

The illness that required it was my mothers and it was sudden i gave as much notice as i could. I have been told by my supervisor i can do overtime in my main area but am forbidden from doing it elsewhere indefinitely because of my use of leave

Carrie Dyer
Carrie Dyer answered on Nov 17, 2021

It sounds like your employer may be violating the Family Medical Leave Act. An employer cannot use your FMLA leave as a negative factor in making an employment decision that impacts your ability to earn income. More information is needed to analyze your situation. You should contact an employment... Read more »

1 Answer | Asked in Employment Law for Kentucky on
Q: Why is my HR telling me they can't provide me with my staff's home addresses; I am their supervisor? Is this the law?

I am a director and I have provided a legitimate reason for needing their addresses. Our HR department told me that due to privacy laws they have to maintain confidentiality and cannot release that information. I have to ask each employee separately for their address. My question is really based on... Read more »

Carrie Dyer
Carrie Dyer answered on Nov 10, 2021

There is no law requiring your HR department to disclose employee's home addresses to you. If HR choses to keep this information confidential, there is no law that entitles you to it.

1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Health Care Law for Texas on
Q: is it legal for my employer to ask if i've been vaccinated? We have to take a "mandatory" survey

i don't think i should be forced to voluntarily provide medical information

Carrie Dyer
Carrie Dyer answered on Nov 10, 2021

Yes, nothing prohibits your employer from asking whether you are vaccinated.

1 Answer | Asked in Employment Law for Arizona on
Q: Is it illegal to interview for another job after signing a multi-year contract with my current employer?

My current role has been mentally draining and after signing, I am not sure if it is the right fit for me anymore. Another (and rare) opportunity opened up where I live and I am interested in exploring it but not sure if I would be breaking my contract or doing anything illegal if I do.

Carrie Dyer
Carrie Dyer answered on Nov 3, 2021

The answer to your question is dependent on the language in your contract with your current employer. You should contact an employment lawyer in your area to have your contract reviewed to determine what options you have to leave your current employment (i.e., required notice periods, etc.) before... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Arizona on
Q: Being asked to perform duties that I am over qualified for constantly.

I am the only one that is constantly asked to work under my coworkers who we holds the same qualification.

Carrie Dyer
Carrie Dyer answered on Nov 3, 2021

Generally, an employer can require you to perform duties that you are over-qualified for. However, if you believe you are being singled out in a discriminatory manner due to your status in a protected class (i.e., race, gender, age, etc.), you should contact an employment attorney in your area to... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for District of Columbia on
Q: Can my employer dictate where I live as a term of employment?

I work for a non-profit in DC. They are changing my position to be full-time telework, but I have to be available to come into the office now and then. That part is all OK with me, but in addition, they have provided a map of the counties in the area where I am allowed to live. They have threatened... Read more »

Carrie Dyer
Carrie Dyer answered on Oct 27, 2021

There is no law that prohibits an employer from requiring employees to live within a certain radius of the office. You need to provide truthful information about your residence.

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: I was hurt on the job .was seen by a door over the phone witch said I had a sprained hip and sent me back to work with

Sent me back to work no restrictions. I tried but am in a large amount of pain what can I do???

Carrie Dyer
Carrie Dyer answered on Oct 27, 2021

You should ask for a second opinion by a different medical provider. Then, you should provide that paperwork, including any restrictions you are given, to your employer.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can an employer fire a employee for not getting enough Google reviews from customers?

Example, an employee is required to get 10 customer reviews a month. The employee asks 84 customers for reviews but only 6 respond. Is that grounds for termination when the completion of the goal requires a third party participant to follow through?

Carrie Dyer
Carrie Dyer answered on Oct 20, 2021

Yes. If you are an at-will employee, your employer can terminate you for any reason or no reason, even if it is unfair. Unless you have an employment contract stating otherwise, your employer can terminate you for failing to get the requisite number of customer reviews - even though the goal is... Read more »

1 Answer | Asked in Employment Law on
Q: Goodday!my name is silindile...i just want to know if you are suspended from work with out geting any verbal warning

Because i have been suspended with out geting a verbal warning,and we are still on traning bt this is my third month in the campany,and tomorrow i have to go for my hearing,we have not sign any contact yet,please reply

Carrie Dyer
Carrie Dyer answered on Oct 20, 2021

If you are an at will employee, your employer can suspend you or terminate your employment for any reason or no reason, regardless of whether you were given a warning in advance. There are very few exceptions to this general rule. If you feel you are being discriminated against due to your status... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Georgia on
Q: Can I sue an employer for telling me FT work is available and then not schedule me or respond to my emails about work.

Handbook states company must deliver schedule a week in advance which the company has failed to due since I started. I have only worked for 2 weeks but now they didn’t schedule me nor tell me there’s no work available when I asked just that the schedule was still being created.

I turned... Read more »

Carrie Dyer
Carrie Dyer answered on Oct 13, 2021

A handbook is not a contract. There is no violation of the law simply because an employer has failed to deliver work schedules in the timeframe provided in the handbook. If you think the reason you are not being scheduled is based on some other unlawful motivation, you should contact an employment... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law on
Q: Can my employer deduct money from my wages because I have told them I can’t work my notice period?
Carrie Dyer
Carrie Dyer answered on Oct 13, 2021

Generally, yes, as long as the deductions do not take your pay below minimum wage for every hour worked. If you believe they do, you should contact an employment law attorney in your area to discuss further.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.