I am currently 6.5 months pregnant, and have been granted an accommodation by my workplace to complete my work remotely for the duration of my pregnancy. In January, during my first trimester, I started to experience severe motion sickness that limited my ability to complete my 45 minute drive to... View More
answered on Apr 28, 2021
Under the Americans with Disabilities Act of 1990, people with disabilities (including pregnancy and related side effects) are permitted to request reasonable accommodations to enable them to perform their jobs while honoring their restrictions. However, the accommodation must be reasonable, and... View More
At my job, FOH employees are paid tipped minimum wage- $9.30. FOH employees receive tips, which are pooled and also shared with management and BOH employees, of which both groups receive at least minimum wage or higher. I read a passage on the Colorado department of labor website stating that... View More
answered on Mar 31, 2021
Tip credit and tip pooling are two different things. A tip credit is when an employer pays you less than the minimum wage ($4.25 per hour for instance) and gets a credit from the tips you receive to count toward its obligation to pay minimum wage ($9.00 per hour for example).
The DOL... View More
The first week of training I was blamed for not working the tech platform up to their standards. The tech Platform was new and kinks were being worked out. I was blamed for their troubles/kinks on the platform. They made excuses and said beside I showed no interest in the position in training.... View More
answered on Mar 17, 2021
While unfair, there is likely no legal claim available to you based on the information you provided.
I live in basement of house it’s a 12 bed medicade /Medicare assisted living
answered on Feb 24, 2021
Whether you are entitled to overtime pay for your hours worked over 40 per workweek depends on the types of duties you perform. If you provide mostly companionship services to the client (e.g. social activities, games, conversation, etc.) then you do not need to be paid for overtime. If, however,... View More
Homeowner is refusing to pay the labor contract for the completed basement. Double standard on only agreeing to pay labor amount for contract limiting profitable margins and now has a livable space that’s worth around 120k. Contract breach amount is 12k and I’m wondering if I can sue for... View More
answered on Feb 17, 2021
You have a right to get paid for the work you did and to enforce your contract. Have you considered recording a mechanic's lien?
I was working as a live-in personal assistant for him, uninsured, and he was paying me under the table.
answered on Feb 12, 2021
A Colorado attorney could advise best, but your post remains open for two weeks. An employment law attorney might be in a better position to offer initial guidance here, as this isn't a straight up personal injury case. You could repost under Employment Law, or you could reach out to Colorado... View More
Do I lean for the market value of the job or just the defaulted contract amount remaining unpaid
A child I interacted with and that was sick at our facility (vomiting is documented) tested positive for Covid. As did a staff member. I was not informed of this and went to work for 2 days before getting symptoms and testing positive. The building has never been cleaned or aired out and they... View More
answered on Nov 11, 2020
What you described here sounds like negligence and an intentional tort if the facility was aware of the positive cases but nevertheless actively campaigned to avoid notifying its employees and the public about the risk of exposure. You will need to consult with a civil litigation attorney to... View More
I’ve been getting lots of Axsitaty attacks her issues are my issues from work give a hostile work environment can’t sleep at night I get so stressed and angry with her we fight a lot
answered on Nov 11, 2020
Unfortunately, you would not have standing to sue her employer because they do not owe a duty to you. Your wife could potentially bring a claim but an employment lawyer would need to know more of the facts.
answered on Nov 2, 2020
While this situation seems unfair, employees in at-will employment states can be fired for any reason or no reason at all, as long as they are not fired for a discriminatory reason (i.e. based on their sex, race, religion, age, or disability).
Week.We were asked to sign a permission form that clearly stated it was voluntary.
However the employer told employees that if we refused the testing we would be taken off the schedule. This does not allow us to make decisions about our own bodies.Thank You
answered on Oct 12, 2020
A Colorado attorney could advise best, but your post remains open for two weeks. In terms of the personal injury aspects of the matter, it does not appear to be something that would form the basis for a personal injury claim. Such a claim would require the element of damages. And if participants... View More
The day my dog died I had taken him to the vet in the morning for a follow up check up I called into work to let them know I was going to come in late and I was going to make him stable comfortable and I will come in to work to finish my shift, I got fired that day and their excuse was lack of... View More
answered on Aug 22, 2020
You have no right to work in the state of Colorado period. Your dog has the same legal status as a toaster. Sorry.
My ex insists on living in a rural community where there are zero job opportunities for my career. To continue to work in my career I have to live in NYC. My children are suffering in bad schools full of high-school drop outs, getting into drugs and lots a bad stuff. I need to be with them and... View More
answered on Jul 16, 2020
This is something that is within the discretion of a Judge so will depend on the evidentiary presentation.
answered on Jul 15, 2020
Under the Fair Labor Standards Act, hourly-paid employees must be paid overtime at a rate of one-and-one-half times their regular rate of pay for all hours worked over 40 in a workweek. A "workweek" is a 7-day period (it can begin/end on any day of the week but spans 7 days regardless).... View More
The order was received at my home address, and stated on the order that it is the companies active office. When the company has been closed since august. I was just a manager and I’m getting the blame cause I was the point of contact. There was draining damage when we did pier drilling, and I was... View More
answered on Jul 3, 2020
There is no way to give you good advise here. An attorney will need to see the documents you were served with to provide you with an assessment of your rights, remedies, and risks. And this could be serious, so you'll want to properly respond to avoid taking o liability. You should contact... View More
Offline having doctors send in documentation required by employer. I went through surgery on June 2nd got my voice back about a week later but days before I was sent a termination letter for attendance. Is it legal.
answered on Jul 1, 2020
The answer to this question will depend on what your company's attendance policy is and what kind of documentation your doctors sent over. It will also depend on what your job duties were and for how long you needed to be out of work. You may potentially have a claim for disability... View More
The illegal activities have been going on for four+ years. Additional problems include missing records and failure to return key business information such as passwords and financial information. IRS, state/local sales tax and lodging taxes have gone unpaid. What are steps (and with whom) regarding... View More
answered on Jun 17, 2020
If you want to get your money back, I recommend that you contact a local attorney to review your facts and damages. Then you can have a detailed discussion about your rights, remedies, risks, strengths and weaknesses of your case, the law, timeline, etc.
answered on Jun 10, 2020
Your question does not provide enough detail to analyze whether this would violate the law. If you are an otherwise qualified individual who was not offered the position because of your disability, then you may have a claim under the Americans with Disabilities Act. However, you would not be... View More
My husband was fired after being absent with doctor notes due to medical issues potentially caused by his job.
answered on May 27, 2020
It depends on the size of your husband's employer and the protections that may be available to him under the law. Do you know if your husband was eligible for protected leave under the Family Medical Leave Act? If not, he may have been entitled to a reasonable accommodation under the... View More
I work in maintenance at a resort that has private residences on property. The owner of the resort is asking our crew to do work at those residences while on the clock.
answered on May 20, 2020
I'm not quite sure I see how you are damaged or harmed by this. Your employer can direct you to perform any type of work as long as you are being paid in compliance with minimum wage and overtime laws. If you are not being compensated for this work you are performing, that would be a different... View More
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.