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Questions Answered by Carrie Dyer
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,... View 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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1 Answer | Asked in Employment Law for Minnesota on
Q: Company asking for repayment of 15000 dollars and they do not have repayment agreements to refer:

I left a company in a period of 1 year 5 months, due to too much toxic culture and suppression by my manager and his boss and due to long time required to find a job. After leaving I am reached by the company to pay back $15000, 33% of the original sign on bonus, because according to them it is... View More

Carrie Dyer
Carrie Dyer
answered on Aug 4, 2021

In order to enforce a repayment obligation provision in a contract, the company must first prove that a contract exists. If you are saying you did not sign a contract, and they cannot provide a signed copy, the company will have a difficult time proving that.

1 Answer | Asked in Employment Law for Indiana on
Q: My mom was fired today from her new job because of the CEOs personal prejudice against her fiancé. Should we fight it?

My mom got a new job and was fired today because she received flowers from her fiancé and his name was on them. He is a well known director for a local union and when the ceo saw them she fired her after she came back from lunch. She asked if she did anything wrong and the answer was no and that... View More

Carrie Dyer
Carrie Dyer
answered on Aug 4, 2021

Indiana is an at-will state. This means that an employer may generally terminate an employee at any time and for any reason or no reason. There are very limited exceptions to this general rule. The situation you are describing is certainly unfair, but it does not violate the law or give your mom a... View More

1 Answer | Asked in Employment Law, Employment Discrimination and Sexual Harassment for Iowa on
Q: can someone get fired for an affair?

with a coworker both subjects are married union job that is salary

Carrie Dyer
Carrie Dyer
answered on Jul 28, 2021

Generally, yes - there is nothing unlawful about firing an employee for having an affair with a coworker.

1 Answer | Asked in Employment Discrimination and Employment Law for Wisconsin on
Q: Rights as Limited Term Employee for wrongful termination

I have type 2diabetes.. my blood sugar spiked and caused me to “lose consciousness” for a bit. I tested my glucose level and it was 245 which is high, as my level is 134 or lower. Was terminated for “sleeping on the job “. I wasn’t offered medical attention, even though I worked in the... View More

Carrie Dyer
Carrie Dyer
answered on Jul 28, 2021

This largely depends on whether your employer knew about your medical condition, that you weren't actually sleeping on the job, or that you needed medical attention. More information about your situation is necessary to determine whether you have a claim under the Americans with Disabilities... View More

1 Answer | Asked in Employment Law for Texas on
Q: I was terminated, while 7 months pregnant, without cause. What are my options?

I am an apartment manager. I have never received any written or verbal corrective action. I have never given cause to be fired. The owners came by today and told me they were moving in a different direction with a new manager. I have been with this property for 2 years and the new company took over... View More

Carrie Dyer
Carrie Dyer
answered on Jul 20, 2021

Additional information is necessary to analyze your situation. However, it sounds like you may have a claim for pregnancy discrimination under the Pregnancy Discrimination Act, a federal statute that prohibits sex discrimination on the basis of pregnancy. You should contact an attorney in your... View More

1 Answer | Asked in Employment Law for Illinois on
Q: Is my work place required to present a proper rest area/ break room for employees? (Illinois)

I work for FedEx as a housekeeper through a company called GDI. There are currently no designated areas for employees to have breaks on the premises. There are two conference rooms we are allowed to take breaks if they are not in use in but there is no guarantee we will be able to take a break away... View More

Carrie Dyer
Carrie Dyer
answered on Jul 20, 2021

There is no legal requirement that an employer give you a designated break room or rest area.

1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: Can I be fired for having an odor due to hoarding caused by a mental health issue?

My supervisors have had complaints and have spoken to me about this. I thought is was a body odor issue and changed all my personal hygiene items even laundry products, but then realized this after talking to a professional counselor. My company sent me home 2 days ago and have yet to let me know... View More

Carrie Dyer
Carrie Dyer
answered on Jul 13, 2021

Generally speaking, while it might be unfair or unethical, it is not unlawful to terminate an employee due to complaints of body odor. More information is necessary to fully understand your situation. It does not sound like your employer is aware that a medical condition is causing the issue. You... View More

1 Answer | Asked in Employment Law for Ohio on
Q: Is my wife's company breaking the law by not properly compensating her for the job they are requiring her to do?

My wife's job is requiring her to do a job she is not paid to.

They are requiring her to complete lead teacher responsibilities and will not give her the pay raise that goes along with it. they say she does not have the qualifications. She filled in for the former lead teach when she... View More

Carrie Dyer
Carrie Dyer
answered on Jul 13, 2021

In Ohio, an employer can generally change an employee's job duties and responsibilities at any time for any reason, without any adjustment to compensation. If your wife's employer's practice is violating a term of a Collective Bargaining Agreement, she could contact her union for... View More

1 Answer | Asked in Employment Law for Indiana on
Q: My son voluntarily is in rehab. His job empl. Under 50 ppl. He’s been at job 10 mo. What job protect act wld he fall un

Work for hefler for 5 yrs. PO and G ( pfiefer oil and gas ) bought out Hefler. Been with them 10 months. Doing same job total 6 yrs. PO and G denied fmla. Are there any Laws to protect his job since hes only been with PO and G 10 mo?

PO and G called Rehab Center and told them he would lose... View More

Carrie Dyer
Carrie Dyer
answered on Jul 7, 2021

In some situations, an unpaid medical leave of absence can be a reasonable accommodation under the Americans with Disabilities Act. You should contact an employment law attorney in your area to discuss your son's options in more detail.

2 Answers | Asked in Employment Law for Ohio on
Q: In Ohio, am I required to probvide a doctor’s note if I refuse to do a job that I was not hired to do?

I was hired for customer support/call center. For 3 weeks, my manager has had customer support doing warehouse jobs- picking & shipping.

Carrie Dyer
Carrie Dyer
answered on Jul 7, 2021

Generally, your employer can change your job description and job duties at any time for any reason, regardless of whether you were hired to do a particular job. However, if there is a medical reason that you cannot complete the job duties of the warehouse position, then you can request an... View More

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1 Answer | Asked in Employment Law for Washington on
Q: I was fired for refusing to work off the clock. I have proof of my employer asking me to work off the clock in a text.

When I said I would not do the work off the clock but would on the clock he didn’t reply to my text. I came in to my workplace the next day and he fired me.

Carrie Dyer
Carrie Dyer
answered on Jun 30, 2021

You should contact an employment law attorney in your area to discuss the details of your situation. It sounds like you may have a claim for retaliation under the Fair Labor Standards Act and/or state law.

1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Georgia on
Q: I was on medical leave from some time in May to sometime in June for heart problems that have developed recently.

I was on medical leave from some time in May to sometime in June for heart problems that have developed recently. I got an email today stating that my job was taking action to bring my termination request up at the next board meeting due to not returning to my job within the school system. I have... View More

Carrie Dyer
Carrie Dyer
answered on Jun 30, 2021

You should follow your employer's instruction to call them if they have requested you do so. You should explain that your medical absence has been approved by the Director and provide your estimated return to work date. Additional information is needed to analyze whether you would have a... View More

1 Answer | Asked in Employment Law for Minnesota on
Q: How much freedom does an employer have to change shift start time?

I am a manager and for the last 2.5 years I have been coming into work at 8:30. They are now asking that all managers come in at 6:45 for a morning meeting. I am not willing to accommodate this schedule. I have purposefully stated only that this is for "personal reasons". They are not... View More

Carrie Dyer
Carrie Dyer
answered on Jun 23, 2021

Your employer is generally free to change your hours or shift start time at any time for any reason. In general, there is no recourse for you if your employer disciplines and/or terminates you for failing to attend a mandatory pre-shift meeting. If the reason for your unwillingness to attend the... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Washington on
Q: I’ve requested a raise from my employee but have not heard back, even though they said all raises would start June 1.

I requested a raise from my employer 2 months ago as part of my annual performance review, after 4 years of working for them and receiving no merit increases for the past 3 years. In a company-wide email in April, HR said all performance reviews and merit increases would take effect by June 1,... View More

Carrie Dyer
Carrie Dyer
answered on Jun 23, 2021

Based on what you've described, there is no legal violation. Your employer is not legally obligated to give you a performance review or merit increase. If they chose to do so, they can implement the raise at any time of their choosing.

1 Answer | Asked in Employment Law for Georgia on
Q: If I accept a job offer and the job requires rotating shifts .i have a disability that will not allow me to work those

hours do they have to accommodate me

Carrie Dyer
Carrie Dyer
answered on Jun 16, 2021

More information is needed to answer your questions. Under the Americans with Disabilities Act, an employer is required to engage in an interactive process to attempt to come up with a reasonable accommodation that allows you to perform the essential functions of your position but does not cause an... View More

2 Answers | Asked in Employment Law for Washington on
Q: is it legal to record someone with out consent or knowledge if its to catch them harassing you at the workplace

the harassment is both verbal abuse and sexual in nature. no physical sexual harassment so the recording would be audio

Carrie Dyer
Carrie Dyer
answered on Jun 16, 2021

Washington is a "two-party consent" state. That means it is unlawful to intercept or record a private phone call, in-person conversation, or electronic communication unless all parties to the communication consent.

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1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Do I have a lawsuit?

I was terminated from my job. I was told I was fired due to absences that pertained to my mental health. I was told they didnt want someone working for them that had mental health problems. I was also never offered COBRA insurance and my insurance was canceled 12 days after termination. I was... View More

Carrie Dyer
Carrie Dyer
answered on Jun 8, 2021

You may have a claim under the Americans with Disabilities Act. If your employer has at least 50 employees in a 75 mile radius, and you have worked there for at least 12 months, for a total of at least 1250 hours, you may also have a claim under the Family Medical Leave Act. You should reach out... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Tennessee on
Q: Do I have a case for Age Discrimination and Retaliation?

Let go refused to tell why, age 70 and less than a year work comp claim, Separation Slip - Lack of Work, My Job posted the next week.

I was in excellent health before injury and my age was not a problem. Injury had nothing to do with age, instead work station and vendor communication did.... View More

Carrie Dyer
Carrie Dyer
answered on Jun 8, 2021

More information is needed to analyze your situation. You may have a claim under the Americans with Disabilities Act, depending on the impact resulting from the injury you sustained. You could also have a claim under the Age Discrimination in Employment Act and/or a state law workers'... View More

1 Answer | Asked in Employment Law for Tennessee on
Q: Is it legal to work a salary employee 12 hours a day, 7 days a week with no overtime or bonuses?

My husband is a salary employee at a new company. He works 12 hour a days, 7 days a week and just yesterday his boss told them no excuses, you must come in everyday until it’s done. This weekend is a holiday weekend. His schedule is affecting our marriage and I’m tired of being a “single mom”

Carrie Dyer
Carrie Dyer
answered on Jun 2, 2021

As long as he is properly classified as a salary-paid exempt employee, there is no limit on the number of hours per week his employer can require that he work. Unfortunately, your husband's best option would be to find a new job.

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