Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Rhiannon Herbert
1 Answer | Asked in Employment Law for Nevada on
Q: comapany doesn't want to pay me but is asking for the work done by threatening me with taking the case to the court

I had a freelancer agreement with this company even tho I had a 9-5 schedule at their home office in California. The company is registered in Nevada.

Rhiannon Herbert
Rhiannon Herbert
answered on May 9, 2023

You should contact a California employment attorney to discuss your situation and review the contract you signed with you, as your rights and responsibilities in this situation will be dependent on the language in your contract.

1 Answer | Asked in Employment Law and Employment Discrimination for Maine on
Q: How can I have my boss remove a formal reprimand in my file, placed there while I was on medical leave of absence?

I went on medical leave due to complications related to my father's death on September 22, 2022. I had experienced a lot of stress due to his untimely death and the fact that he was scammed out of his life savings in the months prior to his death. On September 20, I had a meeting with two... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 25, 2023

Unfortunately, employers have a lot of latitude regarding employee discipline and when and how write-ups are received and stored. There are no laws that would require your employer to remove a write-up from your file, even if the write-up is factually incorrect or inaccurate.

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Are there any consequences for an employer not giving a separation notice within 24hr? And lying on it?

I was told I still had my job and out of nowhere I received a (backdated by 6 days) separation email

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 25, 2023

Generally no. In at-will employment states, either you or your employer may terminate the relationship at any time and for any reason, and no written notice of termination is required. The one exception to this rule is if you signed an employment contract with your company that sets forth special... View More

1 Answer | Asked in Employment Law and Business Law for Florida on
Q: Can a Fl employer required an employee to take temporary mandatory leave without pay while they investigate a case

The employee was arrested over the weekend for domestic violence situation outside work hours . This employee works in the medical field and sees patients . How should the employer proceed

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 11, 2023

Yes, the employee can be suspended either with or without pay and/or terminated on this basis. If the employee has an employment contract, you should discuss this situation and have the employee's contract reviewed with a Florida employment attorney to ensure any requirements for suspensions... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Louisiana on
Q: Can I sue my employer if they have 14 employees but multiple locations

Employer said I cnt sue they don’t fall under 1964 C R act but they have multiple locations with employees

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 11, 2023

You should contact a Louisiana employment attorney to discuss your situation in more detail. The answer to this question may depend on whether there is any difference in ownership between your location and any other locations the company may have. Regardless, Louisiana may have state discrimination... View More

1 Answer | Asked in Employment Law on
Q: Can my employer withhold my wages because I am living in his property while working on a project he requested?

My husband and I are employed by a company that is opening a Marijuana farm and dispensary in Puerto Rico. I previously worked for him on other residential projects and he asked me to please move to San Juan temporarily to assist him on finishing some uncompleted projects he had. He stated that... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 5, 2023

You should contact a Puerto Rico employment attorney to discuss your situation in further detail. While employers can sometimes take deductions from your pay for the value of housing and other expenses they offer, you still must be paid for the work you perform.

1 Answer | Asked in Employment Law for New Mexico on
Q: Employer says advertised salary range was incorrect are they liable for posted salary range?

During salary negotiations was advised the posted salary range was incorrect (error by HR) and the actual range is lower. Are they legally bound to the advertised range?

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 22, 2023

Generally no. If you are paid on a salary basis, your employer need only pay you at least $684.00 per week assuming you are properly classified as a salaried employee in order to comply with the law.

2 Answers | Asked in Employment Discrimination and Employment Law on
Q: My 28 year old daughter was receiving help in a psychiatric hospital during which she was terminated from her employment

Is this legal inTexas?

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 22, 2023

More information is need to evaluate this situation. The Americans with Disabilities Act prohibits discrimination on the basis of an employee's disability, and it permits employees to request reasonable accommodations, such as brief periods of medical leave to treat their condition, in some... View More

View More Answers

1 Answer | Asked in Employment Law for Washington on
Q: My son is 17y.o. and has already completed his GED. Is he still governed by child labor laws "maximum hours"?

If he is legal to work 40+ hours/wk, could you provide the statute his employer can site?

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 7, 2023

Federal law does not place any restrictions on the number of hours 17-year-old employees may work. However, you should consult a Washington state attorney regarding if there are any state laws that limit the number of hours that minors may work.

1 Answer | Asked in Employment Law for Arizona on
Q: Hi, I am trying to find out if I am legally entitled to get a copy of my employment record from a previous employer.
Rhiannon Herbert
Rhiannon Herbert
answered on Feb 28, 2023

There are no federal laws that require employers to produce copies of your employment record, either during or after your employment has concluded.

1 Answer | Asked in Employment Law and Employment Discrimination for Michigan on
Q: Is asking for 5, 6 hr days instead of 5, 8 hr days a reasonable accommodation for a disabled person who suffers from

Diseases that make it difficult to stand,walk, and bend and is a cashier?

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 14, 2023

You should contact a Michigan employment attorney to discuss further, because these questions are highly dependent on the specific facts of your situation and the job duties you're required to perform. Your accommodation request may or may not be considered reasonable under the Americans with... View More

1 Answer | Asked in Employment Law for Oklahoma on
Q: What type of attorney handles chemical inhalation exposure from work?

My boss when against company policy and made me other employees use metal files, and other tools not suitable for the job.

My job makes large electrical resin boxes that go in the ground, and it contains unsaturated, poly resin, silica, and fiberglass. The person who normally grinds the... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 14, 2023

You can start by reporting your experience to the Occupational Safety and Health Administration (OSHA). If you'd like to further consult with an attorney regarding this matter, an Oklahoma employment or personal injury attorney would likely be the best fit for your situation.

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Oklahoma on
Q: I was terminated at my work place after 16 years of employment through them. The last 3 months I worked I started having

Health issues with swelling. Some of the swelling was in my gut. Let me add this I am a female and work with all men for these 16 years. My main supervisor started to notice my gut and proceeded to make pregnancy comments (even though he has known I was gay the entire time I worked there) He also... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 10, 2023

You should contact an Oklahoma employment attorney to discuss your situation in more detail. While more information is needed here, you should reach out regarding claims for disability discrimination and/or sex discrimination under Title VII of the Civil Rights Act of 1964.

1 Answer | Asked in Employment Law and Health Care Law for Colorado on
Q: What type of law practice should I look for that would handle wrongful termination in retaliation to whistleblower.

My wife was terminated from an Assisted Living facility in retaliation to pending whistleblower allegations.

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 10, 2023

You should look for a Colorado-based employment law attorney to discuss this situation further. Best of luck.

2 Answers | Asked in Employment Law for Texas on
Q: Can My Employer Reduce My Wages for Quitting Without Notice?

As an at will employee, I had to immediately resign my position with my former company. I was unable to give any notice. The company is now telling me that my pay for the last two weeks worked will be at minimum wage instead of my regular pay rate (this is a pay cut of roughly half). They said this... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 4, 2023

Generally yes. Federal laws typically only protect against minimum wage and overtime violations, so while this policy resulted in a substantial pay cut to you, it doesn't violate any wage laws.

View More Answers

1 Answer | Asked in Employment Law for Virginia on
Q: Can a company whose contract says that I have both a 30-day and a 90-day commitment enforce the 90-day commitment?

I signed a contract with a company saying that I agreed to a term of 30 days with them, however, they said this was a misprint. Right below it says that I must provide written notice before terminating my 90-day commitment period. I have initialed both but am wondering, is the 90-day enforceable if... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 16, 2022

More information is needed to answer this question, and a review of the agreement you signed will likely be necessary. You should contact a Virginia contract or employment attorney to discuss the specific language in the agreement you signed and how these two terms work together.

1 Answer | Asked in Employment Law for Washington on
Q: Am I considered an "On-Call" or "Part-Time" employee if I am scheduled 2 days a week but am "On-Call" 5 days a week?

Holiday pay Dispute

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 6, 2022

More information is needed to answer this question. These terms are sometimes defined in your employee handbook or employment contract (if you have one), and the employer's definition of these terms generally govern whether and how you receive benefits.

1 Answer | Asked in Employment Law for Texas on
Q: Is my employer required to give Monday off after New Year’s Day which falls on a Sunday (a non-working day)?

Employer is a school district.

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 16, 2022

No. There are no laws that require employees to receive time off on any particular day, so your employer is permitted to schedule you for work the day after (or the day of) holidays.

1 Answer | Asked in Employment Law on
Q: If I was hired when my job was remote and signed policies that did not mention any office hours, do I have to return now
Rhiannon Herbert
Rhiannon Herbert
answered on Oct 12, 2022

More information is needed to answer your question, but generally yes. Employers can require their employees to return to work in-person at any time. The one potential exception to this rule is if you have a disability under the ADA that prevents you from working in-office full-time. If you believe... View More

1 Answer | Asked in Employment Law for Arizona on
Q: The company I work for has bought the office directly below our current lab. The move is coming up

The manager is talking about mandatory OT over the weekend to move everything downstairs.

I work as a lab employee, not part of a moving company. I am not a fan of mandatory OT let alone doing something that has never been my job here before and won't be again.

Is this... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Oct 12, 2022

Yes. As long as you are properly compensated for your time spent doing this work, your employer can require its employees to work additional hours to execute the move.

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.