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Questions Answered by Carrie Dyer
1 Answer | Asked in Employment Law for New York on
Q: Is there a way to prevent being let go due to performance after announcing that I am pregnant?
Carrie Dyer
Carrie Dyer
answered on Jul 20, 2022

In an at-will state like New York, you can be terminated for any reason or no reason. Announcing your pregnancy does not prohibit your employer for terminating your employment due to performance. However, if you are terminated and believe that your pregnancy played a factor in the decision to... Read more »

2 Answers | Asked in Employment Law and Employment Discrimination for Georgia on
Q: Can I take action against an employer when a manager guaranteed me an accommodation for a mental disability & retracted

Manager that hired me guaranteed accommodation, told me he would take care of everything and not to worry about it. Manager stepped down. New manager was aware of the situation and accommodation and upheld it for weeks and then one day retracted it because “we were busy”, costing me $150 in... Read more »

Carrie Dyer
Carrie Dyer
answered on Jul 20, 2022

You should follow the company's procedure for submitting a formal request for an accommodation to the company's HR department. The employer is required to review your request and engage in an interactive process with you to determine if there is an accommodation that will allow you to... Read more »

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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Georgia on
Q: Do I have a legal case with this issue?

My employer promised me a raise, gave it in writing, even paid it for the first week it was active. Now my second week, he is suddenly confused about the raise and trying to essentially take it back. What legal action can I take?

Carrie Dyer
Carrie Dyer
answered on Feb 23, 2022

If you are an at-will employee, your employer can changes the terms of your pay for any reason at any time. Unless you have an employment contract guaranteeing you a certain pay rate, there no legal action you can take.

1 Answer | Asked in Employment Law on
Q: Is it stealing if a waiter is personally tipped

My boss is telling me that all tips go to the tip jar even if the customer personally gives the money to me and telling me to keep it but my boss won't let me keep my tips even tho all the tips that are in the tip jar goes back to him not the employees

Carrie Dyer
Carrie Dyer
answered on Feb 23, 2022

Tip pooling is permitted; however, it sounds like what your boss is doing is taking the tips from the tip pool and keeping them for himself. This is unlawful. You should contact an employment attorney in your area to discuss.

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Oregon on
Q: Hi I was wondering if it would be possible to sue a company after reporting a coworker sexually assaulting me and only-

giving them a month off work.

Carrie Dyer
Carrie Dyer
answered on Feb 16, 2022

More information is needed to answer your questions. It sounds like your employer took disciplinary action against the coworker who sexually assaulted you after you reported the incident. Has the coworker returned to work? Is he or she still working with or near you? You should contact an... Read more »

1 Answer | Asked in Employment Law on
Q: Employer threatening for legal action for not serving notice period

As per my joining letter (2.5 years old), there is 45 days salary in lieu of notice is mentioned and as per my latest increment letter (6-month-old), the notice period is 2 months.

So my current employer is forcing me to serve 2 months notice period but I gave them 15 days from my side and... Read more »

Carrie Dyer
Carrie Dyer
answered on Feb 16, 2022

The answer to your question depends on the language in your agreement or employment contract. If you were required to provide a 2-month notice of your resignation, and you did not do so, you would be in breach of your agreement. Your company is not required to pay you your salary for days you... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: I need l feel i was fired for stating complaint about another manager feel retaliation was the reason what can i do
Carrie Dyer
Carrie Dyer
answered on Jan 26, 2022

More information is needed to answer your question. The type of complaint you made about another manager is relevant. If you made a "protected complaint," and were terminated because of your complaint, then you may have a claim for retaliation. You should contact an employment attorney... Read more »

1 Answer | Asked in Employment Law for Georgia on
Q: I was hired and signed a written job offer on 12/09/2022. What can I do to hold this company accountable for the offer?

It now has been approximately 2 months since I was told to wait until the background check is complete. I have reached out to the hiring company several times for an update. I know I have a clean background including no drugs, but they have not been cooperative as to my start date. Hopefully, you... Read more »

Carrie Dyer
Carrie Dyer
answered on Jan 26, 2022

A job offer letter is typically not the same as an employment contract that may guarantee you a certain start date. Unless you have an employment contract that provides for a set start date by which you will begin work and begin receiving compensation, there is nothing you can do but wait until... Read more »

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 »

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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.

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