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Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Kentucky on
Q: Can an employer make me bring in a paper saying i’m Covid positive

I took an at home covid test which came back positive, can my employer require me to go to the doctor for proof on paper that I am positive. This is for unpaid quarantine

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

This kind of problem is under laws that are specific to each state, and different. This could be an invasion of your privacy or violate some other local requirement. However, it could be a reasonable requirement from the employer to determine whether your absence was excusable for HR purposed..... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law on
Q: Can an employer suspend an employee without pay while the employee is on sick leave? Please reference the legal code.
Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

This kind of problem is under laws that are specific to each state, and different. This could be a violation of your leave rights or it could be discrimination against you. You should consult with a local employment law attorney about this.

1 Answer | Asked in Employment Discrimination, Employment Law and Landlord - Tenant for Iowa on
Q: If you was fired from a job can your employer or x employer call your landlord just to tell them you was fired?

They called and told landlord they fired you right after you was fired ..and they did not have any arrangement with one another about letting one another know anything about employment or living arrangement..

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

This kind of problem is under laws that are specific to each state, and different. This could be an invasion of your privacy or public disclosure of confidential facts. You should consult with a local employment law attorney about this.

1 Answer | Asked in Criminal Law, Employment Law and Education Law for Pennsylvania on
Q: My college mandated us to get the covid-19 vaccine. We complied. Now they are utilizing wristbands to label vaccinated

Is this legal? They are using a private security company to enforce.

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

So far, it is not illegal. The law about Covid vaccination is in a process of constant changes due to the differing opinions of diverse groups. One day you are prohibited from appearing in public on a mask that conceals your identity and the next day you are required to wear one. Personally, I... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can an employer just spring on their employees "all calls wil be recorded and data extracted with AI to improve metric

I work for an online university, ben here 6.5 year now the admin coming up with AI "data extraction" but not telling us who extracts data, where does it end up, who analyzes the data to improve outcomes. I work with students across the USA and approx 25 % of all calls are documented as:... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

Yes. While you are working and using the employer's phone system or receiving the calls, the conversation is not private or confidential as against the employer because at the time you are the employer- you are not taking the call as an individual. The warning about possible recording is to... Read more »

1 Answer | Asked in Employment Law for Arkansas on
Q: I have an enhanced CHCL, Employer is a city, threatened to fire me if i have my firearm in a locked safe out if view

City of North Little Rock AR.

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

Under Arkansas statutes §5-73-306. Prohibited places. (7) you are prohibited from carrying the firearm anywhere a government body meets. Your "enhanced" permit allows carry in places previously prohibited, however, Ark. Code Ann. § 5-73-306(18) allows the property owners/controllers to... Read more »

1 Answer | Asked in Employment Law for Mississippi on
Q: Is it legal for my work to make us come in at 12 am and work us until 5 pm and then make us come right back in at 12 Am

Moreover I’m asking if it’s legal or not for them to work us around 17 hours and not allow us to get 8 hours of sleep in between shifts especially since I live a hour away from the workplace

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

There is no Federal Law limiting the hours you are working . Certain states do have an 8 hour limit on the day unless extra hours are paid overtime premium pay. As long as you are receiving whatever overtime premium pay is required in your locale, you may be required to work this schedule, under... Read more »

1 Answer | Asked in Employment Law, Contracts and Tax Law for Texas on
Q: Can employer go back on commitment in writing on issuing W-2c ?

An individual worked respite hours taking care of elderly in 2020 but insurance company did not pay for hours worked. in 2021, insurance company agreed to pay for hours worked in 2020. By this time, individual was enrolled in school full time and had a financial aid package and grants in place.... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

You should contact a local employment law or tax law attorney to help you. This BB is not for providing specific legal information for you to deal with a particular claim. Search for a local attorney on this issue here on Justia.

1 Answer | Asked in Employment Law for Washington on
Q: A former employer committed perjury in state court documents, is this a form of Retaliation?

Employer also lied about how I stopped working for him.

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

It is possibly retaliation, it is not possible to say based on the information you have provided. This sounds as though it was related to an unemployment insurance claim. You may need to obtain statements from witnesses or provide their contact information to whomever is investigating your... Read more »

1 Answer | Asked in Employment Law, Constitutional Law, Education Law and Employment Discrimination for New York on
Q: I submitted a religious exemption that was neither approved nor denied. My job refuses to provide any accommodations

Even though it's a department of education school and the department of Ed is accommodating teachers, my job is not taking my request seriously nor are they willing to make any accommodation for my religious practice. I was told I would be placed on unpaid leave with no regard to my request... Read more »

Carrie Dyer
Carrie Dyer answered on Sep 22, 2021

Your question does not indicate what your religious accommodation request is. Whether your employer's decision to place you on an unpaid leave is unlawful depends on your accommodation request, whether your request eliminates one of the essential functions of your job, and/or causes your... Read more »

2 Answers | Asked in Employment Law on
Q: Will I get paid my entitlements such as annual leave if I quit without notice
Carrie Dyer
Carrie Dyer answered on Sep 22, 2021

The answer to this question depends on the state law in the state where you are performing the work. It also depends on whether you signed any agreement with your employer regarding required notice, as well as the company's policies. To start, you should check your employee handbook if you... Read more »

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1 Answer | Asked in Employment Law for Florida on
Q: Does Amscot have a case for violation of non compete clause if you get job at a bank?

Amscot isn’t a bank, it’s a check chasing store, cash advance and bill payment place.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 22, 2021

Probably not; however, I cannot advise you properly unless I see a copy of the non-compete clause itself.

2 Answers | Asked in Employment Discrimination and Employment Law for Oregon on
Q: Is it Legal for an employer to put up a sign saying they start at a certain rate when their employees do not make that?

My work put up a sign saying a position starts at $17.25/hr. I work the position and only make $15.48/hr. My employer told a coworker that it’s because we work 32 hours a week instead of 40.

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

Maybe not. This is not really a minimum wage question, it is whether the employer has misrepresented the terms of employment. In CA, it is unlawful for an employer to misrepresent the terms of employment to get you to move to CA for the job. In OR? You should contact a local employment law... Read more »

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1 Answer | Asked in Employment Law for Arkansas on
Q: My job refuses to listen to me and properly accommodate me for my disability. They want to move me to a lower paying.

They want to move me to a lower paying job instead of giveing me the tools to do my job. What are my legal rights?

Chris W. Burks
Chris W. Burks answered on Sep 22, 2021

Thanks and you should speak with an employment law attorney. They can likely tell you if the accommodation you seek is reasonable, and if your situation is covered by the law.

The law that likely applies is the Americans with Disabilities Act, called the ADA, protects against disability...
Read more »

3 Answers | Asked in Employment Law for Arkansas on
Q: My job makes us clock in and go to the floor to work 15 minutes early but no pay is issued for the time. Is that legal

I work in a factory with 12 hr shifts from 5:30 to 5:30. Employees are allowed to clock in up to 30 minutes early. My department is required to go to the floor and relieve the other shift and start working at 5:15 . In pursuant of being compensated accordingly, I refused to show up early and not... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Sep 22, 2021

Employees must be compensated for all time they work, but employers are permitted to mandate early arrivals, late departures, or otherwise change your schedule as long as you are paid for it. In this situation, your employer is permitted to ask you to begin work at 5:15 instead of 5:30 assuming the... Read more »

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2 Answers | Asked in Employment Law for California on
Q: If employer agrees to new payrate by email are they obligated to honor it for a temp employee?

I have an email from my employer (I'm a temp so the agency who pays me) with confirmation of new hourly payrate. They now say client didn't agree to the amount so they won't honor it, eventhough they previously indicated it was approved and provided an effective date. I have a copy... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 21, 2021

Based on the facts provided, yes, the agency would be required to pay you the new rate. The contract and deal is between you and the temp agency. The onus is on the employer to work out the specifics on the pay rate, not on you to prove that it was agreed on. You would likely need to consult with... Read more »

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1 Answer | Asked in Employment Law, Personal Injury and Communications Law for Utah on
Q: (Utah) I was terminated due to attendance at my job, and my boss contacted my cohabitates to inform them.

For background, I cohabitate(d) with my girlfriend and her parents. With my termination, this supervisor notified my girlfriend’s parents before I had the opportunity to repose & break the news myself (this is in the span of less than 24 hours.) This has resulted in my displacement from their... Read more »

Michael Lewis Eisner
Michael Lewis Eisner answered on Sep 21, 2021

You should consult with an attorney in Utah. Each state has different laws regarding communications with others. If someone says or writes something false, the publisher can be held liable for damages caused by the defamation of character (libel or slander). Many states also allow a cause of... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: I work in at at will state. Can I sue my former employer?

So, I used to work for a big name company and they fired me for calling off due to a icy weather (not sure if I have the vm proofing it) but I do have emails, phone calls are recorded on their end and a letter from unemployment stating that my former employer said they fired me for misconduct and... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 21, 2021

The best legal approach would be scheduling a personal or remote meeting with an Illinois licensed employment (labor) law attorney and discussing possible merits on that legal action in a two way format. Without that it is rather impossible to suggest whether your case has merits.

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Oklahoma on
Q: How far back legally can taco mayo in Oklahoma go on a background check?

My bf was denied a job at Taco mayo from a domestic back n 1999-2000

Charles Watts
Charles Watts answered on Sep 20, 2021

Typically, backgrounds go back 10 years for credit and 7 years for criminal convictions but that can be longer depending on the job, responsibilities, etc... If it is expunged, or deferred adjudication was successful, then they will not see it at all. The State is restricted by statute to even... Read more »

1 Answer | Asked in Contracts and Employment Law for New York on
Q: Hello , my employer refuse to pay me over 10000$ in commission

I provided every proof that i wasnt paid for certain jobs , dozens of emails and promises , lately i have been harassed with iron strong evidence that is directly correlated to the fact i asked for my money , is it wise to persue a lawsuit or big employers always win in such cases and it takes... Read more »

Brian Greben
Brian Greben answered on Sep 20, 2021

You're asking excellent questions, but they can't be answered without knowing the specifics of your case. You should contact an employment attorney.

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