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Alabama Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Alabama on
Q: I was employed at holiday inn my I'd was expired I worked for 10 wks no pay then fired me said I need recent Id to get

Do they have to pay me since they hired me and can I do something to make them pay me?

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 16, 2022

Under the Fair Labor Standards Act, you must be paid for all the hours that you work (regardless of whether you have a valid ID). You should contact an Alabama employment attorney to discuss your situation further, or you can file a complaint with the Department of Labor.

1 Answer | Asked in Employment Law for Alabama on
Q: what is the meaning of 8/27/22 8:30 pm pdt "The testing laboratory has confirmed receipt of the specimen."

to make this fit bc i cant type all i need to say yes thats what i thought it meant the issue is this i had to go there they were only acting a administers of the test lady rude whole time she gave me a cup/bowl clear no temp thing no numbers they do dot to anyway i pee to her x she says not enough... Read more »

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Aug 28, 2022

Apparently, you took a drug test and the lab now has it for analysis. Do you think it could mean something else?

1 Answer | Asked in Employment Law for Alabama on
Q: Can my employer stop paying time and a half like is Federal law??? They only paid me the half not the time + half.

I worked 97.5 in 2 wks....i make $13 , so my rate with the 17.5 hrs will b $19.5 × 17.5

But thats not how they did it and i can't get this issue resolved!

Rhiannon Herbert
Rhiannon Herbert
answered on Aug 16, 2022

You should reach out to an Alabama employment attorney to discuss your situation. While most hourly-paid workers must be paid at a rate of 1.5 times their regular hourly rate for all hours worked over 40 in a workweek, this general rule does not apply to everyone. There are certain professions and... Read more »

1 Answer | Asked in Employment Law, Immigration Law and Tax Law for Alabama on
Q: I am an international PhD student on an F1 visa, and I have a SSN, and I would like to work for Uber. Can I?
Carl Shusterman
Carl Shusterman
answered on Aug 2, 2022

No, F-1 students are not permitted to work for Uber.

Please see https://www.shusterman.com/f1-visas-students/

1 Answer | Asked in Insurance Bad Faith and Employment Law for Alabama on
Q: Union sponsored supplemental life insurance for certain railroad retirees (Yardmasters) is being denied.

Allegedly upon retirement, a covered Yardmaster had a time limit of 60 days to submit a $20 payment to retain the insurance upon retirement. Subsequently, because of this requirement, at least one yardmaster was denied the benefit. However, recently another yardmaster was granted the insurance... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 28, 2022

An Alabama attorney could probably advise best, but your question remains open for four weeks. In terms of your question on a class of plaintiffs, it could depend on the size of the pool of retirees. One option is to reach out to an employment attorney. Good luck

1 Answer | Asked in Car Accidents and Employment Law for Alabama on
Q: Can a employer terminate you due to a accident 2 years ago before you became employed there

It was a traffic accident and have a criminal attorney but he’s in court and the employer is asking for my accident report. Do I have to submit the report and can they terminate me over it?

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2022

An Alabama attorney could advise best, but your question remains open for two weeks. This is something that an employment law attorney would have more insight into than a car accident attorney. There's no guarantee every post on this forum is ultimately picked up, but you could try reposting... Read more »

1 Answer | Asked in Employment Law and Appeals / Appellate Law for Alabama on
Q: Should I appeal my case if my employer is saying I quit when in fact I did not,?

I had to take a temporary leave of absence to take care of my disabled son while his mother an I also grieved oven the loss of our new born son.

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 21, 2021

More information is needed to answer your question. You should contact an Alabama employment attorney to discuss your situation in further detail.

1 Answer | Asked in Employment Discrimination and Employment Law for Alabama on
Q: Can an employer fire me because of an injury that happened almost 4 years ago?

I was working for a company as a temp worker and when I went to go do my drug test and physical I let the physician know that I had surgery on my neck, and when i went back to my job HR said that they are going to hold my hire date, I told them that I was fully released from the doctor that had... Read more »

Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 24, 2021

You should speak with an attorney experienced in the American's with Disabilities Act. I do not believe the answer to your question is going to be an obvious one, but it may fall within the ADA. Alabama is a right to work State, which means an employer can fire someone for any reason so long... Read more »

1 Answer | Asked in Employment Law for Alabama on
Q: Can a company require covid restrictions at one location only when they own companies across 21 states?

They are only requiring corporate people to go home if unvaccinated. They do not require this for the entire company. If they fire someone would it be legal?

Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 16, 2021

In general Alabama is a right to work state and a person can be fired for almost any reason. It is also likely fine for them to institute this policy for Alabama only. The limitation would be if you are protected under the ADA to avoid receiving the vaccination due to some pre-existing health... Read more »

1 Answer | Asked in Employment Law for Alabama on
Q: My employer refuses to pay me what do I do
Kyle Anderson
Kyle Anderson
answered on Jul 14, 2021

Hello, more information is needed here. Are you categorized as a 1099 independent contractor or W2 employee? How many hours per week are you working? I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Employment Law for Alabama on
Q: Can my employer really punish me for calling in during a notice in this type of instance?

I have worked for a hospital for 4 years. All that is legally required from my employer for a notice of leave is a 2 week notice. However, because my job might be hard to replace due to the pandemic, I decided to be nice and give them a 2 month notice. A week after turning in this said notice, I... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 6, 2021

Assuming you don't have an employment contract that states otherwise, there is no federal law that requires you to provide any notice at all to your employer before resigning. However, if you do have an employment contract that requires you give notice of your resignation, the length of time... Read more »

1 Answer | Asked in Employment Law for Alabama on
Q: I need help. I am getting my wages garnished due to a medical bill that I have not had the money to pay b/c of Covid-19

I’ve been affected by COVID-19 twice in the last 8 months and have not had a steady pay due to not being able to work. I was sick with it twice and I do not have a full time position job or even part time. I am only as needed so I get about 25-35 hours a week and I get paid bi weekly so it’s... Read more »

Sarah S. Shepard
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Sarah S. Shepard
answered on Dec 4, 2020

I'm sorry to hear about your situation. That sounds very hard. Alabama law allows people with judgments against them to exempt the first $1,000.00 of each month's wages from garnishment by a creditor (including a hospital). Here is a new story about the exemption:... Read more »

1 Answer | Asked in Civil Litigation, Employment Law and Landlord - Tenant for Alabama on
Q: I have an old, two years, unwritten lease with utilities with my employer who is also my landlord. Am I a tresspasser?

He is harrassing me to get out and says that I am a tresspasser but refuses to fire me, pay me, or give me a 30 day written notice to vacate although the Huntsville Police told him to do just that. He refuses to let me put the utilities in my name and he willfully let the utilities to be turned... Read more »

Sheila Crumley Field
Sheila Crumley Field
answered on Oct 20, 2020

Good grief! You need to hire a lawyer immediately! If you can’t afford one go to your nearest legal aide office! And good luck!

1 Answer | Asked in Employment Law and Military Law for Alabama on
Q: What do I need to do if I was fired from my job a month after I was activated with my reserves unit?

I have worked with my employer since Nov. 2018. In March of 2020, our restaurant was switched to curbside pickups only. They gave us the option to switch to unemployment because they would only keep a couple employees to work due to covid. April, I received orders for active duty starting 4/20 for... Read more »

Kyle Anderson
Kyle Anderson
answered on Sep 30, 2020

I highly recommend reaching out to an employment attorney in your area to discuss options. This sounds like discrimination based on military service, which would be a violation of USERRA. The employer is required to place you back in the same position (or the position you would have attained had... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Alabama on
Q: I am being forced into a new position at work and was told to take it or resign - what rights do I have?
Kyle Anderson
Kyle Anderson
answered on Sep 16, 2020

Are you in a Union or is your employment governed by a Collective Bargaining Agreement or Employment Contract? If not, you have very little rights. You need to provide more information for a more thorough analysis, but Alabama is an at will state, meaning you can be terminated for any reason or no... Read more »

1 Answer | Asked in Employment Law for Alabama on
Q: Can a skilled nursing facility tell you that you have to start working 12hr shifts on all scheduled days?

I work at a skilled nursing facility in Alabama. And the DON of the facility sent out a text to all the CNA’s saying we have to start workin 12hr shifts on all our scheduled days, unless notified otherwise. Is that legal? This was sent to full time and part time employees.

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 29, 2020

Your employer may increase your hours as described, but you should also make sure you're being properly paid for each hour worked. If you work more than 40 hours in a single, 7-day workweek, you should be paid overtime at a rate of one-and-one-half times your regular hourly rate for each hour... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Alabama on
Q: I am a private caregiver that was hired by a elderly couple sons. At the beginning of my employment a year ago one of

Their sons was asking my coworkers if they thought that I was a crackhead and at the end of my employment. That same son made some sexual advances towards me. This caught me off guard, had me extremely nervous, uncomfortable and scared. Because of my fear of him and loosing my job, when he asked me... Read more »

Kyle Anderson
Kyle Anderson
answered on Jul 8, 2020

Hi, there is a claim called "quid pro quo" sexual harassment. This occurs when a job benefit is directly tied to an employee submitting to unwelcome sexual advances. Based on what you stated above, it sounds like your continued employment was tied to you going on a date with the... Read more »

1 Answer | Asked in Employment Law and Social Security for Alabama on
Q: Can you file for unemployment if your SSDI is ending?

I know the 2 things are basically opposite things but.

My SSDI ends next month.

I will have no income at that point.

While I'm probably technically not disabled anymore. I am immunocompromised which was a main factor in my SSDI decision originally. Now with coronavirus,... Read more »

Susan Michele Schaefer
Susan Michele Schaefer
answered on Apr 28, 2020

Yes, it is possible to claim both SSDI and unemployment insurance. That being said, qualifications for each of these two programs differ greatly. Social Security disability benefits provide financial support to those who are unable to work. Unemployment provides temporary payments to those who lost... Read more »

1 Answer | Asked in Employment Law for Alabama on
Q: My employer is saying our Covid-19 $1200 stimulus check will be deducted from our paycheck. Is this legal?

I work at a Medical facility in Alabama

Kyle Anderson
Kyle Anderson
answered on Apr 22, 2020

The Fair Labor Standards Act ("FLSA") requires employees to be paid a minimum wage for all hours worked. If your employer deducts the amount from your paycheck and your total compensation for the week does not rise above the minimum wage required to be paid under the FLSA, you may have a... Read more »

1 Answer | Asked in Employment Law for Alabama on
Q: In Alabama, if my boss requires me to train my piers, am I titled to extra pay? Or am I just “in the line of duty?”

I was a dept supervisor for a local plant of a global flooring factory. Recently my job title was erased and replaced with 4 shift lead jobs of which I was given one. My manager is making me train the other 3. I’m knowledgeable enough to do it, but feel if I’m being forced to train others, I... Read more »

Kate Furek
Kate Furek
answered on Mar 23, 2020

Without knowing all the facts, your employer can ask that you do any task within your job description. Job descriptions are usually broad. If you are paid hourly or salary (rather than on commission), then he likely isn't required to pay you any extra bonus for this work.

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