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Questions Answered by Eva Zelson
2 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Georgia on
Q: Can my employer legally pay vaccinated workers to quarantine and not pay unvaccinated?

They are requiring unvaccinated employees to use vacation / PTO & paying vaccinated employees without having to use their PTO / Vacation time. Keep in mind that the quarantine rules are the same regardless of vaccination status, 5 days for exposure and 10 days for a positive Covid test.

Eva Zelson
Eva Zelson answered on Jan 13, 2022

Employers are legally only required to pay employees for time worked. Allowing vaccinated employees to quarantine without using vacation time is perhaps an incentive the employer is using to encourage Covid vaccination among its employees. While this policy may seem unfair considering getting... Read more »

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2 Answers | Asked in Contracts and Employment Law for California on
Q: Does this constitute breach of contract therefore needing to pay the penalty for resigning against her will?

My RN wife was escorted out of the facility shes working at by the Director of Nursing because she refused to do something she was not trained at. With this, she felt harrased. But when she brought this up with HR, no action was done therefore, harassment of the Director of Nursing went on. She... Read more »

Eva Zelson
Eva Zelson answered on Jan 13, 2022

Workers have the right to work in a professional, harassment-free environment and they have options for recourse when that is not the case. Legally, the intolerable working conditions in a hostile work environment claim result from an employee’s sex, race, religion, national origin, veteran’s... Read more »

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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?
Eva Zelson
Eva Zelson answered on Jan 13, 2022

The Family and Medical Leave Act, or FMLA, is a federal law that gives employees the right to up to twelve weeks leave from their job to care for a loved one or take care of their own serious health condition. When you return from FMLA leave, you are entitled to get your job back, either reinstated... Read more »

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2 Answers | Asked in Criminal Law, Employment Law, Civil Rights and Employment Discrimination for Washington on
Q: What to do

As an employee, Witnessed a manager debate and follow through with assaulting another employee with an ice cube, after stating that same action just broke his glasses, submitted an existential complaint to management, who also neglected their duties, and took adverse action, after the complaint and... Read more »

Eva Zelson
Eva Zelson answered on Dec 17, 2021

You should file a report with human resources documenting what you witnessed. However, when you do this, be prepared for possible retaliation against yourself. If management retaliated against the victim in this case, they may do the same to you. If this happens, keep documentation of all... Read more »

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2 Answers | Asked in Employment Law for Oklahoma on
Q: Non-Compete Agreement

I have a non-compete agreement with my current employer in Norman, OK. The agreement states that "To the maximum extent permitted by law, this Agreement will be interpreted under, and governed by, the laws of the State of Wisconsin." Can they enforce this agreement on me in Oklahoma or... Read more »

Eva Zelson
Eva Zelson answered on Dec 17, 2021

While there are several different states mentioned here, they don’t matter as much as what exactly you agreed to when you signed the non-compete agreement. Please review with an employment lawyer before taking any action so you can be informed of any potential consequences. If you do start... Read more »

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3 Answers | Asked in Employment Discrimination for California on
Q: The wrong separation date my employer had on my denial of benefits can that help me in my appeal. Should I bring that up

I was wrongfully fired after 5 yrs there. Never received any warning for attendance for guidelines in employee handbook. I had to call in the second week after returning from a 34Day quarantine Indiana H.D. Put me on cuz mom got COVID and taking chemo. I used protocol for call in. No warnings ever... Read more »

Eva Zelson
Eva Zelson answered on Dec 17, 2021

While your experience sounds unfair given the circumstances, California is an at-will state, meaning an employer can terminate you for any reason or no reason at all. While the need to quarantine during a global pandemic is a valid reason to miss work, your employer is not obligated to hold your... Read more »

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3 Answers | Asked in Employment Discrimination, Employment Law and Sexual Harassment for California on
Q: Would any of this be considered retaliation or just a typical judgment call by my employer?

A few years ago, I reported a coworker for harassment and stalking. After a month, the coworker was eventually fired for a separate complaint from another department. My claim, it turns out, was never investigated or recorded. I didn't find this out until after I was no longer assigned to a... Read more »

Eva Zelson
Eva Zelson answered on Nov 19, 2021

It is illegal for an employer to retaliate because of a sexual harassment report against a coworker or a supervisor. Contact an employment attorney to discuss your evidence. It will be difficult to prove you were deemed ineligible for promotions, etc. at work, but if you have documentation, you may... Read more »

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2 Answers | Asked in Employment Law, Personal Injury, Sexual Harassment and Workers' Compensation for Pennsylvania on
Q: Hired seasonally, then hired permanently to be fired for reporting sexual harassment, and sustained a work injury.

My seasonal role turned permanent, then I was fired weeks after reporting a sexual & verbal harassment incident; I was demoted and reported to another department and had no idea until another employee mentioned it. My vehicle was vandalized on the companies property, my timecard was deactivated... Read more »

Eva Zelson
Eva Zelson answered on Nov 19, 2021

In “at-will” states such as Virginia, your employer can fire you for any reason, except for an illegal reason. However, you should consult with an employment attorney as soon as possible to see if enough evidence to support your claim of retaliation after reporting sexual harassment. This would... Read more »

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3 Answers | Asked in Employment Law for Florida on
Q: Can my boss fire me for working from home without a sitter for my children?

I work from home and I dont have my kids in daycare because I am home with them. My boss found out and got upset

Eva Zelson
Eva Zelson answered on Oct 14, 2021

In “at-will” states such as Florida, your employer can fire you for any reason, or no reason at all, so if this does happen, it is not illegal. What might be illegal, however, is if your boss is aware that other employees with children are also working from home without daycare and is not upset... Read more »

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2 Answers | Asked in Employment Law for California on
Q: I received an email from my workplace regarding my religious exemption from the COVID 19 vaccine. I need advice

I literally received an email from my employer asking me to provide more info about my religious exemption and was told that I must respond within 3 calendar days and included a series of questions that I have to answer regarding my religious affiliation

Eva Zelson
Eva Zelson answered on Oct 14, 2021

Your employer is within their rights to follow up on your request for a religious exemption to verify that it is a truly held religious belief. You should comply with their request for more information if you wish for them to grant you an exemption to their requirement for the Covid-19 vaccine.... Read more »

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3 Answers | Asked in Employment Law for New Jersey on
Q: I am appealing my NJ unemployment case and would like to know if it is wise to get a lawyer? need free council

I am unemployed and receive NJ snap benefits. I am negative in my bank account and I can not afford council. is there help for me?

Eva Zelson
Eva Zelson answered on Sep 17, 2021

Many employment lawyers offer free consultations to prospective clients and this may be helpful to you in finding out how strong your case is before proceeding. Good luck!

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2 Answers | Asked in Employment Law and Employment Discrimination for Michigan on
Q: An individual verbally harassed and physically threatened me at work -& there's video evidence. What are my options?

The individual that harassed me continues to work there, and creates a hostile environment.

Eva Zelson
Eva Zelson answered on Sep 17, 2021

It’s good that there is hard evidence in the case, rather than a case of he said she said. The first step is to document with the HR department at your company. Hopefully your employer will take steps to ensure that this does not happen again. If they do not, you will have a compilation of... Read more »

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2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can my employer require proof of COVID Vaccine in Florida if I have a medical condition?
Eva Zelson
Eva Zelson answered on Aug 11, 2021

Yes, your employer can require employees to get the Covid-19 vaccine and as such, is justified in asking for proof of the vaccine. Employees can present the CDC Covid-19 Vaccination Record Cards issued at vaccination sites without revealing any private health info beyond their birthdate. If your... Read more »

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2 Answers | Asked in Employment Law for Michigan on
Q: Do I have any recourse against my employer for firing me for not getting the covid vaccine?

I have a medical condition that should be a contraindication to the vaccine; however, my employer disregards this and any other medical condition in their mandate of the vaccine. Should I resign or let them fire me? And do I have any recourse against them for it?

Eva Zelson
Eva Zelson answered on Aug 11, 2021

Your employer can legally require employees to get the Covid-19 vaccine. If your doctor recommends that you not receive the Covid vaccine because of a medical condition you have, you are eligible for an exemption to this requirement. However, you must thoroughly document your medical condition and... Read more »

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3 Answers | Asked in Employment Discrimination for Michigan on
Q: An employer didn’t hire me because they said they didn’t think the job would be financially and emotionally fulfilling.

I previously worked for them for 10 years as their general manager running the business and left on good terms. They contacted me a year later out of the blue and asked if I was interested in coming back for a specific position and I was the only person they were asking about the position. Made... Read more »

Eva Zelson
Eva Zelson answered on Aug 11, 2021

Legally, they can decide not to hire you because they don’t believe the job will be emotionally and financially fulfilling. If you suspect that this is not the “real reason” they did not offer you the job, look for evidence that may support your hunch. If you are a member of a protected class... Read more »

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2 Answers | Asked in Employment Law for Pennsylvania on
Q: If I’m put on unpaid suspension, can my boss make me work my next scheduled shift, then start my suspension?

I am an hourly employee in the state of Pennsylvania. I was told I was suspended on a Wednesday or Thursday, and that I needed to work my Saturday shift, then my suspension starts Sunday.

Eva Zelson
Eva Zelson answered on Jul 22, 2021

While it seems unusual to work another shift after the decision has been made to suspend an employee, it doesn’t seem unreasonable. If possible, check with your human resources department to see what the policies are for suspensions (does the suspension period start on the day the decision is... Read more »

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2 Answers | Asked in Employment Law for Florida on
Q: When applying for a job in Florida can i be retaliated against for refusing to answer questions about past salaries?

To my knowledge, Florida is not a state with legislation that enforces a salary history ban, so a potential employer has the right to ask about past salaries in the.

I also understand I have to right not to answer these questions but I am unaware as to weather there are protection in place... Read more »

Eva Zelson
Eva Zelson answered on Jul 22, 2021

It is not considered retaliation if a company does not hire you because you do not answer the questions on their application. If you do not answer their questions, the employer may feel they have an incomplete picture of the candidate and decide not to hire. However, this is not considered... Read more »

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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

Eva Zelson
Eva Zelson answered on Jun 18, 2021

Eleven states, including Pennsylvania, Washington, and Massachusetts, require two-party consent, meaning that everyone involved must consent to be recorded to be legal. In all other states and the District of Columbia, one-party consent is okay for recorded in-person or over the phone... Read more »

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2 Answers | Asked in Employment Law on
Q: my employer only gives me a total of 10 hours of shifts in during 30 days

hello there, my employer is refusing to give more hours, telling me that the business is going slow and should give hours to other old emplyees, knowing that i was hired as a part time emplee

Eva Zelson
Eva Zelson answered on Jun 18, 2021

It does seem reasonable to be given fewer hours because you have less seniority than other employees and because of your part-time status. Part-time employees can work up to 30 hours per week, but you are being scheduled far below that threshold. However, there is nothing unlawful about this... Read more »

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2 Answers | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can an employer make you get a covid vaccine for employment consideration? Sounds discriminatory to me.
Eva Zelson
Eva Zelson answered on May 19, 2021

This is not considered discrimination. Employers may require current employees to get vaccinated, and by extension, for candidates who are being considered for hire. However, if you have a medical or a religious exemption from getting the vaccine, and you are not hired, discrimination is a... Read more »

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