This is in illinois
answered on May 23, 2023
Employers are not required to have any policies or procedures in place for attendance, so generally, the answer to your question is no. However, if you believe your employer has a discriminatory motive for terminating your employment due to an attendance issue (i.e. termination based on race, age,... Read more »
answered on May 16, 2023
This depends on how you are paid and how many hours you work in a week. Under federal law, overtime hours are considered any hours worked over 40 per 7-day workweek. If you are paid hourly, you should generally be entitled to overtime, but if you are paid on a salary or other basis, this gets more... Read more »
The firing happened three days after the warning and the company did not document the warning or the firing.
answered on May 2, 2023
Yes. In at-will employment states, you or the employer can terminate the employment relationship at any time and for any reason, or for no reason at all. The one exception to this rule is if you are targeted for termination based on a discriminatory reason (i.e., based on race, national origin,... Read more »
I am an LPN at a company where a CNA quit and I was told that I will now work full-time as a CNA to make up the gap. I reached out, had a meeting with my direct supervisor, and sent an email with my regional manager asking if this is a permanent roll and they will not say if it is or not as they... Read more »
answered on Apr 5, 2023
There is not anything inherently unlawful about your employer's actions in switching you to a different job. If, however, you believe your employer is intending to force your resignation based on a protected class characteristic (race, sex, age, disability, religion, veteran status), then you... Read more »
being treated different doubling work load they give 2 people threatening his job for everything when he expresses how he's being singled out they just tell him he will be missed wanting him to quit.
answered on Mar 15, 2023
The answer to this question will depend on why you are being singled out. While Virginia is an at-will employment state, meaning the employer or employee can terminate the employment relationship at any time, employees cannot be harassed or discriminated against due to a protected class... Read more »
I was hired by a company as an intern. I was then granted access to a percentage of my clients. At the start of 2022. My employer sent us a work agreement where he stated we had to agree to 40 hours in office + occasional nights and weekends. He then proceeded to pay us all year in 1099. Ive now... Read more »
answered on Mar 15, 2023
If you were paid via 1099 and classified as an independent contractor, you should reach out to a Colorado employment attorney to discuss your situation in more detail. You may have been misclassified as an independent contractor when, in reality, you should have been classified as an employee... Read more »
She told me I cannot use the bathroom when it was an emergent situation due to me knocking on the door and it was annoying her. She also told me I need to take my medical alert bracelet off when I'm working because it gets in the way of performing my job.
answered on Mar 7, 2023
While there is no general claim for harassment in the workplace, you cannot be harassed or treated differently than other employees based on a protected class characteristic (i.e. race, sex, age, disability, religion). If you believe your manager's conduct is connected to any of these... Read more »
Employer moving to a PTO system and no longer have paid holidays, vacation and sick leave. However, required to use those days for federal holidays when offices are closed. No option for working those days. Will be written up if PTO hours are not available to use.
answered on Feb 28, 2023
There are no federal laws that require employers to offer any paid time off benefits. Under the Fair Labor Standards Act, employers are only required to pay their employees for the time they actually work. As a result, employers have a lot of discretion regarding paid time off policies if they... Read more »
After communicating with a supervisor and HR regarding my mental health and concerns about a hostile work environment, including harassment via micro-aggressions and unfair scrutiny/biases, my employer retaliated with increased scrutiny, overt incivility, and a denial of benefits.
A... Read more »
answered on Feb 21, 2023
If you haven't already, you should make a written report to your company's HR department regarding the differences in treatment you have observed that may be based on race (based on your message above). While treating some employees more favorably than others is inherently unfair, this... Read more »
answered on Feb 21, 2023
As long as you are paid for all of the hours you work, including at an overtime rate for all hours over 40 in a workweek if you are paid by the hour, then your employer can change or extend your schedule with or without notice to or approval by you.
There are terms in the agreement that are vague. For future employment, terms like affiliates and related entities in the future concern me. My previous employer is a company that takes referrals from other doctors. I'm concerned that if I sign it, I won't be able to find another job in... Read more »
answered on Jan 31, 2023
If you have questions or concerns about signing the agreement you've been given, then you should contact a Georgia employment attorney to review your contract and discuss the circumstances of your separation. It's important to understand your rights and responsibilities prior to deciding... Read more »
My normal work schedule is Monday through Friday. Occasionally we do expos and shows that require us to work over the weekend. Normally we would be able to work our regular 80 hours and anything that we worked over the weekend would be considered overtime. This time, we were asked to shorten our... Read more »
answered on Jan 31, 2023
Yes, there are no laws that require employers to offer any particular amount of hours or overtime. As long as you're paid overtime for any hours over 40 per workweek that you do work, your employer can reduce your hours to avoid employees accruing overtime hours.
I don’t see anywhere a mention of what happens to pto when separation occurs between me and employer
answered on Jan 24, 2023
There are no laws that require that earned but unused PTO be paid out to the employee upon separation. However, there are other ways that you can potentially recover this earned-but-unused PTO, such as if your employee handbook states you will receive it upon separation. If you don't have an... Read more »
Due to her falling behind on quites and invoices due to work load increasing
answered on Jan 18, 2023
The answer to this question will depend in part on how you're paid. If you are paid by the hour, then you generally must be paid for all time worked, including at an overtime rate of 1.5x your normal rate for hours over 40 in a workweek. However, if you are paid on a salary basis, then your... Read more »
I am working on a government contract in Kentucky. I work on the computer to perform my work and they use a time keeping system that requires us to clock in and out daily, as well as clock in and out for our two 15 minute breaks and 30 minute lunch. At the end of the night when we clock out we have... Read more »
answered on Jan 18, 2023
You should contact a Kentucky employment attorney to discuss your situation in further detail, because whether off-the-clock work is compensable is a very fact-specific analysis. In addition, federal law generally requires breaks of 20 minutes or less to be paid. If you are required to clock in and... Read more »
answered on Jan 4, 2023
Yes. While mistakes in pay could lead to wage violations if they are not timely corrected, you still have an obligation to work your normal schedule if you're still employed with the company, and the company can discipline or terminate you for failing to do so.
I have recently started a new job, and my employer offers to extend benefits to Domestic Partners of employees. I have been living with my partner for over three years now, and we were just about set to sign all necessary enrollment paperwork. Before doing so, I must sign an "Affidavit of... Read more »
answered on Dec 22, 2022
You should check with a Virginia contract attorney to be sure of this, but generally, the answer to this question will depend on whether the affidavit defines the word "principal" anywhere. If the word "principal" is capitalized in your affidavit, this likely means it is a... Read more »
Documentation is required about consumers with DMH waivers. This information is also relayed to parents to aid with mental and physical health decisions.
answered on Dec 21, 2022
Missouri is an at-will employment state, which means either you or your employer can terminate your position at any time and for any reason (or no reason at all). The one exception to this general rule is if an employee is targeted or selected for termination based on a discriminatory reason (i.e.... Read more »
I have an employee that i want to hire as a 1099 independant contractor. Outside of me putting them into my payroll as a 1099 contractor, what else do i need to make sure they are classified the correct way?
answered on Dec 21, 2022
You should contact a Pennsylvania employment lawyer directly to discuss your situation, as whether a worker can be properly classified as an independent contractor depends on a variety of different factors and will be highly dependent on the specific facts of their situation. Labels alone (such as... Read more »
I work for an assisted living facility when there legally must be 5 staff in the building at all times. They are mandating a 30 minute break but since they're not staffing enough employees we are not allowed to leave the building when we take our required 30 minute break. Is this legal? I was... Read more »
answered on Dec 16, 2022
As long as you are completely relieved from any work duties during your 30-minute break, your employer can require you to remain in the building. If, however, your employer requires you to stay in the building because your break is frequently interrupted by performing work if needed, then you... Read more »
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