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Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Is it okay to have a dress code for men but not women in an office enviornment?

I work in a weld shop, but the front office, so I don't weld. The entire male staff has the same dress code, and the women in the weld shop area have the same dress code, but the women in the front office have no such dress code. Is this an enforceable thing?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Feb 7, 2023

Whether this is legally permissible, in theory, is one thing. Whether it makes sense for you to make a big issue out of it is another matter, entirely. You need a cost benefit analysis of the problems you will create for yourself at work, versus the value and enforceability of the alleged harm you... Read more »

1 Answer | Asked in Employment Law for California on
Q: can Sutter HR Mangers tell you don't talk about your old job (@ another Sutter)?

I came from the hospital to the clinic both Sutter Health one is the hospital one is the clinic. I told my manager at the beginning that I loved being a CNA and the first chance I will return. Didn't know there would be a problem because it's still Sutter. Why I can't talk about my... Read more »

Neil Pedersen
Neil Pedersen
answered on Feb 7, 2023

There is nothing unlawful about an employer enforcing a confidentiality agreement, whether internally or externally. The only exception to that general rule is that the National Labor Relations Act prevents an employer from not allowing employees to speak to one another about present working... Read more »

2 Answers | Asked in Employment Law for California on
Q: I have been getting paid regular rate for my overtime instead of time and a half.

I brought it up to my manager and he is suggesting that i just add it to my time sheet whenever i don't work 80 hours a payroll (bi-weekly). 71.25 hours of Time and a half that i was never paid for.

Neil Pedersen
Neil Pedersen
answered on Feb 6, 2023

Any work around fix devised by your supervisor requires you to falsely record your time. Not a good idea. It is appropriate that you ask to be paid OT properly. If you are retaliated against for doing so, then that would be unlawful retaliation.

Never falsely record time, even if your...
Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Harassment at work has been reported and nothing done

I work for the state of illinois. A coworker has harassed me several times recently. I’ve reported it in writing to my supervisor. I’ve sent him the email of the harassment and nothing is done. I’ve also been written up for saying “I’m not a fan of him” when referring to the person... Read more »

Cynthia Pietrucha
Cynthia Pietrucha
answered on Feb 6, 2023

I'm sorry to hear about your difficult situation. Not all "harassment" is illegal - or in other words being a jerk/rude is not enough to create legal claim. Instead the harassment must be based on a protected class characteristic like race, age, gender, etc. or retaliation because... Read more »

1 Answer | Asked in Contracts, Employment Law and Business Law for New York on
Q: Can a consultant sign documents on behalf of their client?

Assume a consulting agency is providing consultants to a client in order to complete a project. Due to the nature and duration of the project, the client wants to use the consultants/independent contractors to temporarily augment their staff. This may require, depending on the role the consultant... Read more »

Michael David Siegel
Michael David Siegel
answered on Feb 6, 2023

A corporate resolution authorizing signature on whatever needs to be signed.

1 Answer | Asked in Employment Law for Texas on
Q: Is my employer required to pay my accrued and remaining vacation hours if I quit my job in Texas?

This is what is stated in the Employee Handbook..

"Accrued vacation will be available to each employee upon their anniversary date and must be used within

twelve (12) months after it is accrued. Employees may carry over 24 hours of accrued vacation time to the

following... Read more »

John Michael Frick
John Michael Frick
answered on Feb 6, 2023

No, since the policy stated in the Employee Handbook expressly provides it is use it or lose it.

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can an employer retaliate for an employees unwillingness to participate in inflating numbers for contract reporting

I work for a non profit and we have contracts with various local government agencies. We are to provide services to callers who request legal information. I expressed a serious concern that cases were being duplicated in our reporting. After pulling data, the numbers are in the hundreds -... Read more »

Neil Pedersen
Neil Pedersen
answered on Feb 4, 2023

If you have complained to the company about the company defrauding the government, and you have been retaliated against for doing so, then you likely have a meritorious legal claim for unlawful retaliation. It would be wise for you to locate and consult with an experienced employment law attorney... Read more »

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1 Answer | Asked in Small Claims, Employment Law and Immigration Law for Texas on
Q: What should I file my case as besides a debt claim, if able?

As an illegal immigrant - I was allowed to work at a company in which they paid me $4,000 as a check. I went to the bank and they said it was fake. I contacted my employer and he's given me death threats and threats on calling immigration on me. He denied giving me a fake check and has done... Read more »

Min Hwan Ahn
Min Hwan Ahn
answered on Feb 4, 2023

If you have received a fake check and have evidence of the work you performed, it is important to take legal action to protect your rights. However, as an illegal immigrant, you may face additional challenges in seeking legal remedies.

You should contact the Department of Labor to report...
Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: What can I do about what my employer did to me?

I was employed by a security company (unarmed and hands off) for 5 months. I had to go on medical leave because of my mental disabilities and alcoholism. I know I haven't worked the 12 months to qualify for FMLA but when I went on medical leave, my boss called and said they cannot keep someone... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Feb 3, 2023

It is unlawful to terminate an employee due to his disability. While more facts need to be known, you likely may have a meritorious claim for disability discrimination.

I suggest you consult an employment law attorney who will further examine your situation and explain your options. Most...
Read more »

1 Answer | Asked in Employment Law for California on
Q: What do you do if your former employer tries to pay you after receiving a notice of wage claim hearing?

My former employer received a notice of wage claim hearing with all the penalties he owes and ran a payroll run to pay me via direct deposit. He didn't even pay me the correct amount owed and didn't provide a paycheck stub so I could verify the amount of the missing week of pay and the... Read more »

Brad S Kane
Brad S Kane
answered on Feb 3, 2023

The payment should be credited against your total claim, including penalties. It should not result in a "cancellation" of your claim.

2 Answers | Asked in Employment Law for California on
Q: My employer has been taking $10 off of every paycheck I've received in the last 6 years for a "free wellness center" x?

My employer says we have a "free wellness center" for all employees, but takes $10 from every paycheck I've received for the last 6 years. Is this legal? Ive never used this "free wellness center" so why do I have to pay for something I don't use? I never signed... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Feb 2, 2023

It is unlawful for an employer to deduct any money from a paycheck other than regular payroll taxes unless you have authorized those deductions in writing (such as repayment of loans, overpayment, insurance premiums, etc.)

I suggest you consult an employment law attorney who will further...
Read more »

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1 Answer | Asked in Construction Law and Employment Law for California on
Q: After how many consecutive days of no work, can you determine a contractor has abandoned the job?

California contractor walked out of job claiming he needed payment, and has not returned for 60 days. Job approximately 90% complete and payment of 80% made. However, many errors on project (ie. contractor painted schluter as wrong color installed, 4" vs 6" backsplashed installed,... Read more »

Adam Stoddard
Adam Stoddard
answered on Feb 2, 2023

You may want to get an attorney involved. Often times I have found that simply having an attorney send a demand letter to the contractor, that motivates the contractor to complete the project in a timely manner. I am representing two homeowners right now with a similar set of facts. As soon as I... Read more »

1 Answer | Asked in Contracts, Employment Law and Arbitration / Mediation Law for California on
Q: Can I sue a freelancer on upwork or just upwork?

Going through arbitration on Upwork for work not delivered by a freelancer. Just wondering, if the arbitration team decides to take the side of the freelancer - can I sue? Since that's supposed to be the final decision. I don't know the decision yet but I have substantiative proof that... Read more »

Neil Pedersen
Neil Pedersen
answered on Feb 2, 2023

No one can advise you about whether you can appeal the arbitration decision or otherwise sue without looking at the contract. However the best that can be done is say that usually arbitration agreements preclude any other form of legal action, and even appealing an arbitration award is very... Read more »

2 Answers | Asked in Employment Law and Contracts for Illinois on
Q: Signed non-compete in IL, that I must give 10-day notice & name of my next employer before quitting. Do I have to do so?

I signed a con-compete in Illinois that reads "If for any reason I decide to voluntarily resign from the Company, I acknowledge that the Company requests that I provide at least 10 business days written notice of my intent to leave, the date I want to leave, and (as soon as I know it) the name... Read more »

Bryan R. Bagdady
Bryan R. Bagdady
answered on Feb 2, 2023

Your question is missing some important information. Having said that, non-competes are not enforceable in Illinois unless they are reasonable under the circumstances. I do not believe that an Illinois court would find the requirement to disclose a new employer as being unreasonable. I suspect that... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I believe I am a victim of retaliation by my supervisor at work

The supervisor at my work told the foreman to only call me over the radio and not to call any of the other workers in efforts to make it sound like I am unreachable. My radio had a bad connection so it works on and off threw out the day

Maya L. Serkova
Maya L. Serkova
answered on Jan 31, 2023

More information needs to be known in order to advise if you have a meritorious legal claim or not. Keep in mind, however, that not all forms of retaliation are actionable. Retaliation is unlawful only if the act that caused the retaliation is considered to be legally protected conduct. Most forms... Read more »

1 Answer | Asked in Employment Law for Georgia on
Q: How do I go about getting some terms clarified in a separation agreement from my previous employer? I was recently fired

There are terms in the agreement that are vague. For future employment, terms like affiliates and related entities in the future concern me. My previous employer is a company that takes referrals from other doctors. I'm concerned that if I sign it, I won't be able to find another job in... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 31, 2023

If you have questions or concerns about signing the agreement you've been given, then you should contact a Georgia employment attorney to review your contract and discuss the circumstances of your separation. It's important to understand your rights and responsibilities prior to deciding... Read more »

1 Answer | Asked in Employment Law for Washington on
Q: Can my employer make me shorten my regular hours to accommodate working the weekend to avoid paying me overtime?

My normal work schedule is Monday through Friday. Occasionally we do expos and shows that require us to work over the weekend. Normally we would be able to work our regular 80 hours and anything that we worked over the weekend would be considered overtime. This time, we were asked to shorten our... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 31, 2023

Yes, there are no laws that require employers to offer any particular amount of hours or overtime. As long as you're paid overtime for any hours over 40 per workweek that you do work, your employer can reduce your hours to avoid employees accruing overtime hours.

2 Answers | Asked in Contracts and Employment Law for California on
Q: Contract states that I have to pay back relocation if I "leave" within 12 months. Does this apply to getting fired?

This is the sentence referring to my relocation fee is this:

"You will receive a $***** relocation bonus. In the event that you leave <Company> within 12 months of your hire date, you will be responsible for reimbursing the company for the entire bonus."

The... Read more »

Neil Pedersen
Neil Pedersen
answered on Jan 30, 2023

Contract interpretation is not as simple as you might think. Attorneys learn from early on that contract interpretation cannot be done in a vacuum. Not only should the entire contract be read and understood - not just a single provision - but the circumstances of the making of the agreement... Read more »

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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for California on
Q: I want to start a band and I was wondering if bars would have to hire me sue to discrimination?

A lot of people in my experience don’t want to hire me for anything at all and I’ve also seen some horrible bands play, others just have a stage going to waste. I really would be a musician if I can get hired. Your thoughts on how to get hired por favor?

Neil Pedersen
Neil Pedersen
answered on Jan 30, 2023

Being treated differently from others is discrimination, but that discrimination only becomes unlawful if the reason for the difference in treatment is your membership in a protected class of people, such as your race, national origin, religion, etc. Suing a bar because it does not hire you would... Read more »

1 Answer | Asked in Employment Law and Construction Law for Nevada on
Q: I worked for a property owner as a maintenance/handyman and had tools stolen off one of her properties. She

She had a caretaker/security person living on the property and was aware of the tools being on the property. I do have a copy of the police report in my possession. Who is financially responsible, other than the thief, for the stolen tools? I live in Nevada. We did not have a signed working... Read more »

John Michael Frick
John Michael Frick
answered on Jan 30, 2023

Other than the thief, the tools may be covered by the tool owner’s insurance policy. It is not uncommon for individuals who use tools in their occupation to insure those tools against theft.

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