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Questions Answered by Carrie Dyer
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.

1 Answer | Asked in Employment Discrimination and Employment Law for Minnesota on
Q: I work for a temp agency. Got fired because of attendance but I just had a heart attack. Is there anything I can do?
Carrie Dyer
Carrie Dyer
answered on Oct 6, 2021

More information is needed to answer your question. In some cases, the Family Medical Leave Act and/or the Americans with Disabilities Act, as well as state laws, can provide you with job protection for missing work due to a serious medical issue. You should contact an employment law attorney in... Read more »

1 Answer | Asked in Business Law and Employment Law for Kentucky on
Q: Is it legal to be fired over denying the vaccine even with a religious exemption?

A little back story is the CEO of the company I worked for sat me down and said I have a week and half to get vaccinated or bring in a religious/health exemption. I brought In a religious exemption but was informed they are denying it. There’s more details but that the main story. My question is... Read more »

Carrie Dyer
Carrie Dyer
answered on Oct 6, 2021

The answer to your question depends on the basis for your religious exemption, as well as whether your request for modification of the mandatory vaccination policy would cause your employer undue burden. You should contact an employment law attorney in your area to discuss the details of your... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: My manager changed my schedule while I was on vacation, which resulted in my termination. Is there anything I can do?

A couple years back I worked for wal-mart. I took a week long vacation with one of my friends/coworkers to another state. We both put in for the week off and we both got it approved. When we got back I noticed my manager changed my schedule so I would be a no call no show. I worked for the company... Read more »

Carrie Dyer
Carrie Dyer
answered on Sep 29, 2021

While this situation sounds very unfair, it is not unlawful for your employer to change your schedule at any time for any reason, even if this results in your termination. However, I imagine you would have been entitled to unemployment benefits if you could demonstrate that you had already been... Read more »

1 Answer | Asked in Employment Law on
Q: Can a employer fire me for absentees without any writeups

I had a $2000 sign on bonus, they fired me a couple days before I was to receive it. I knew my job well. I did not miss work to accumulate pts together fired.

Carrie Dyer
Carrie Dyer
answered on Sep 29, 2021

Generally, yes. There is no legal requirement that your employer provide you disciplinary write-ups before terminating you for absenteeism.

1 Answer | Asked in Employment Law, Constitutional Law, Education Law and Employment Discrimination for New York on
Q: I submitted a religious exemption that was neither approved nor denied. My job refuses to provide any accommodations

Even though it's a department of education school and the department of Ed is accommodating teachers, my job is not taking my request seriously nor are they willing to make any accommodation for my religious practice. I was told I would be placed on unpaid leave with no regard to my request... Read more »

Carrie Dyer
Carrie Dyer
answered on Sep 22, 2021

Your question does not indicate what your religious accommodation request is. Whether your employer's decision to place you on an unpaid leave is unlawful depends on your accommodation request, whether your request eliminates one of the essential functions of your job, and/or causes your... Read more »

2 Answers | Asked in Employment Law on
Q: Will I get paid my entitlements such as annual leave if I quit without notice
Carrie Dyer
Carrie Dyer
answered on Sep 22, 2021

The answer to this question depends on the state law in the state where you are performing the work. It also depends on whether you signed any agreement with your employer regarding required notice, as well as the company's policies. To start, you should check your employee handbook if you... Read more »

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1 Answer | Asked in Employment Law for Indiana on
Q: Is asking to only being required to work 8 hours a day 5 days a week and 40 hours a week undue hardhip on my employer

Is requesting accomodation to only be required to work no more than 5days a week 8 hours a day and 40 hours a week due to my mental health issue a undue hardship on my employer

Carrie Dyer
Carrie Dyer
answered on Sep 15, 2021

Whether your request is an undue burden depends on many things, including the size of your employer, your position and your job duties, and the need (if any) for you to work in excess of 40 hours per week. A request for an accommodation triggers the employer's duty to engage in an interactive... Read more »

1 Answer | Asked in Employment Law for Maine on
Q: My boss threatened to punch me what do I do
Carrie Dyer
Carrie Dyer
answered on Sep 15, 2021

Provide a written complaint to your company's HR department regarding the incident so they can investigate.

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: The company I work for won’t give me time off for a religious observance, going against their own policy, can I sue?

I work for the Kaiser corporation and recently filed for a personal leave with no pay for a week in October. The policy says it can be accommodated unless it leaves undue hardship on the employer. I’m in the middle of a list of 9 oncalls at my job, I know there will be someone to cover, but... Read more »

Carrie Dyer
Carrie Dyer
answered on Aug 25, 2021

It sounds like you may have a claim for failure to accommodate on the basis of your religion. You should contact an employment law attorney in your area to discuss your situation in more detail.

1 Answer | Asked in Employment Law and Elder Law for Pennsylvania on
Q: My job is a caregiver

I recently switched company's and my client I had with my old company changed to the current company I'm with now before I started there the client in question wants me to still be their caregiver and I would too but we both signed a paper in short that can't happen until a year has... Read more »

Carrie Dyer
Carrie Dyer
answered on Aug 25, 2021

It sounds like you have a non-compete and/or non-solicitation agreement with your former employer. If the agreement is enforceable, and you violate the terms, your former employer can sue you and your new employer. You should have your contract containing the non-compete/non-solicitation... Read more »

1 Answer | Asked in Employment Law for New Jersey on
Q: In state of NJ are you able to leave a job before your contracted term (2 years on the contract)?

I worked one year of the 2 year contract as a physician in NJ private practice group. I would like to leave. Company is saying they are gonna hold me to my 2 year contract. can they do that? can I tell them that its illegal?

Carrie Dyer
Carrie Dyer
answered on Aug 11, 2021

Whether the company can enforce the contract and sue you for a breach if you leave before 2 years is dependent on the language in your contract. You should contact an employment law attorney in your area to review the contact terms and discuss your options.

2 Answers | Asked in Bankruptcy, Employment Law, Workers' Compensation and Employment Discrimination for New York on
Q: Suspended without pay for extended amount of time

I have been suspended from my workplace for almost a month due to a security breach. My account was used to make administrative changes to our users via a vpn connection. Upon looking further into my home network I realized an unknown user has accessed my incoming connection Keylogged my system,... Read more »

Carrie Dyer
Carrie Dyer
answered on Aug 11, 2021

Your employer is not violating the law by keeping you on a leave of absence while the police investigate the security breach. Unfortunately, there is not much you can do in this situation besides wait.

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