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Employment Law Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: How can i sue my employer for racist comment, sexual comments, and they basically pushed me to quit

I was told a very racist comment in front of few other coworkers, been sexualized multiple time at work, they pushed me to quit by the way they were treating, pretty sure made them happy since that’s exactly what he wanted, I’ve been treated extremely bad at that job and i need to know what to do.

Kevin Sanderson
Kevin Sanderson
answered on Nov 16, 2022

Remember your employer needs to have at least 5-15 employees depending on physical location for them to qualify for jurisdiction of discrimination laws. You are welcome to contact me.

2 Answers | Asked in Employment Law for California on
Q: Offer letter being drafted . Was in a car crash. Company found out. Pulled offer . Made up new excuse.

Verbal offer stated as written offer was being drafted. Was in car accident. All of a sudden offer letter pulled. Excuse was last interview was an interview was bad but offer letter was on the way. Any grounds for suit.

Neil Pedersen
Neil Pedersen
answered on Nov 16, 2022

In California you are considered to be an at will employee, and that applies even to applicants. That means the employer has the right to change its mind about hiring you at any time and for any reason if it is doing so for a lawful reason. A verbal offer to work there is not binding on the... Read more »

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1 Answer | Asked in Employment Law for Texas on
Q: Is my employer required to give Monday off after New Year’s Day which falls on a Sunday (a non-working day)?

Employer is a school district.

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 16, 2022

No. There are no laws that require employees to receive time off on any particular day, so your employer is permitted to schedule you for work the day after (or the day of) holidays.

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 Contracts and Employment Law for California on
Q: How do I go about extricating myself from a 1099 contract with non-compete clause and get funds owed?

I was a contractor for a Boston based privately funded tech startup, working from California but providing services across the country. I've been a CA resident since 1987. Governing law of the agreement is MA but they failed to provide me a copy of the agreement before being given a formal... Read more »

Neil Pedersen
Neil Pedersen
answered on Nov 15, 2022

Your post suggests some violation of the law, some misunderstanding of the law, and a likely breach of contract claim.

As a California resident, California law applies to protect you even if an agreement states otherwise. The MA law choice of law and venue provision will be rendered...
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3 Answers | Asked in Employment Law for California on
Q: My employer told me I was using to many paper cups during my shift. He made me pay him $20. Is that legal?

I was also injured on the job 2 years ago and broke my leg. My boss told me he didn't want to use his workman's comp insurance cuz his premiums would go up. I now have a $80k hospital bill that I can not pay. He tells me all the time that he will fire me if I don't do what he says...

Neil Pedersen
Neil Pedersen
answered on Nov 15, 2022

Your employer is breaking the law in serious ways.

First, your employer can discipline or even terminate you for using too many paper cups. However it cannot under any circumstances make you pay for those cups. That is a violation of the California Labor Code.

Second, you need to...
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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Hi I was placed on administrative leave at work. I need help.

In the 3 plus years I've been at my job I have received nothing but accolades for my work. Sadly, this all came to a screech due to being required by my supervisors to take on additional roles when others left my department. Roles that required full-time employment of others. I tried many... Read more »

Neil Pedersen
Neil Pedersen
answered on Nov 15, 2022

I am very sorry to inform you that there is nothing unlawful about what is happening to you.

In California you are considered to be an at will employee unless you have an agreement to the contrary about that status with your employer. The employer of an at will employee can change the...
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1 Answer | Asked in Employment Law for Georgia on
Q: salaried member of management told our staff we weren’t allowed to discuss pay, if caught we could be in trouble

Work in State of Georgia at Walmart

Damon Miller
Damon Miller
answered on Nov 15, 2022

The National Labor Relations Act (NLRA) protects the right of employees to discuss wages with one another. See the following:... Read more »

1 Answer | Asked in Employment Law and Immigration Law for Missouri on
Q: I can't reach out to the Police depart in China to get my non-criminal record as a foreigner! What should I do?

Been requested to get my non-criminal record from China as I lived there for 2 years ! It's for work visa application! But I've already left China and returned to my home country.

Jingzhan Wang
Jingzhan Wang
answered on Nov 15, 2022

You could trust a local lawyer to represent you, where you need give a letter of POA to authorize him/her to work for you.

1 Answer | Asked in Employment Law, Arbitration / Mediation Law and Small Claims for Missouri on
Q: I was fired from my job without explanation and without witnesses. I received my termination agreement 4 days after

asking for it several times, and which included paragraphs holding the co. harmless re: age discrimination and other things. This was not discussed at the termination nor covered in the Employee Handbook. They are holding my last promised pay until I agree to this. I have email trail. Missouri is... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Nov 14, 2022

Attorneys are not allow to solicit business through their responses on Justia. You'll have to reach out to an attorney directly.

There is a good Missouri statute on unpaid wages but it must be followed strictly in order for the clock to start ticking on the employer. Some attorneys...
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1 Answer | Asked in Contracts, Employment Law and Business Law for Tennessee on
Q: I have a check that was written to “buyout” my contract until the end of the month. I don’t agree but I got to eat

It says buyout on my check that has pay due to me via salary plus a little more. I’ve been severely lied to and I will take action but this money is added to my regular salary and I have bills so do I use a without prejudice UCC on the check before I sign. Even if I use the code without prejudice... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Nov 14, 2022

If you cash the check it will probably be an accord and satisfaction of any debt owed. Either file suit or take the money.

1 Answer | Asked in Employment Law and Civil Litigation for Oregon on
Q: I gave and fulfilled 2 weeks prior to leaving my job. Final paycheck wasn't ready until 4 days later, Is this legal?

The 2 weeks notice I gave to Masterbrand Cabinets Inc. ended on a Friday, I was told the would have my final paycheck on Monday so I drove 30 miles to pick it up, but they still didn't have it ready and told me to try back the next day. So I drove 30 miles back home and the next day again... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 13, 2022

Since you gave that much notice, your final check was due on your last day, so it is well overdue. You are entitled to an extra 8 hours of pay for each day they were late, which started that Saturday. I would contact an employment attorney in your area, and your employer will also have to pay... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: I am wondering if I'm a victim of employment retaliation or breach of confidentiality.

I'm on workers comp for 13 + months. I ve been told since July I was replaced in my job and being sent to night shift . My job was Monday - Friday 6:30 am - 3 pm. I've been there 32 years . I have never received any info on this from HR and nothing at all from my union. Emails were... Read more »

Timothy Belt
Timothy Belt
answered on Nov 13, 2022

Sadly, workers' compensation does not provide you with any guarantee that you will be returned to the same shift or even the same job title as before your injury. However, if you fail to report to an offered position within your work restrictions it may result in a reduction or even... Read more »

2 Answers | Asked in Employment Law for California on
Q: Can a company hire people with no experience same job tittle a higher wraite then another person that has been there 2yr

Is it ok that the company i work for has been showing favoritism. And I have been at this company 2 years it took 6months for them to give me my rase and even after my rase they have been hiring people with the same job tittle no experience with a higher pay then me it makes no sense to me and this... Read more »

Brad S Kane
Brad S Kane
answered on Nov 11, 2022

If the company's pay differential is motivated by hostility towards a protected class like race, religion, gender, sexual orientation, gender expression, military service, pregnancy, disability or opposing illegal conduct, then it would be illegal.

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1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Can employer add incidents on complaint to suspended me w/o pay for 4 days after proving initial susp letter false info?

My employer said they were going to suspend me without pay for 4 days bc I was a no call no show 3 times. I appealed and provided documentation that I had doctors excuse & called in (records from AT&T) On 2 of the dates. Now they have sent me info saying I was a no call no show on another... Read more »

Timothy Denison
Timothy Denison
answered on Nov 11, 2022

No. Should not be able to add incidents, especially where original incidents are proven unfounded. File a complaint with the Labor Board.

Q: If I quit my job due to an increasing mental health problem caused by it directly can I apply for unemployment in CA?

I got attacked by a customer physically mid-June and the symptoms of a trauma-stress disorder hit me mid-July very hard. (I already previously had chronic Generalized Anxiety and Severe Depression so I think those compounded with this newfound ptsd and I'm a wreck) I am currently in such bad... Read more »

Adam Stoddard
Adam Stoddard
answered on Nov 10, 2022

You should go to the EDD's website. They list the requirements to apply. One of the requirements is that you are unemployed through no fault of your own. Quitting your job would obviously be due to your personal decisions. You may want to consult a medical professional to see whether you... Read more »

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1 Answer | Asked in Employment Law for Texas on
Q: I recently got demoted due to not able to fulfill all my duties at work due to long covid aftermath, so i resigned. is

I have been medically signpost with depression and many other health issues due to covid aftermath.

John Michael Frick
John Michael Frick
answered on Nov 9, 2022

In the absence of a written employment agreement to the contrary, employment in Texas (and in most US states) is at-will. That means you can resign for almost any reason. It is almost certain that your former employer will not pursue any claims against you under the circumstances.

1 Answer | Asked in Employment Law for Texas on
Q: I used to work a salary job and was wandering if i was an exempt employee if not how to get back pay.

I worked for cosway bait and tackle and i worked overtime regularly for salary. I was wandering if i could get the back pay for 7 years and how long would it take.

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 8, 2022

Unfortunately, the statute of limitations on unpaid wage claims under the Fair Labor Standards Act only goes back a maximum of three years. While salaried employees need not be paid overtime, your employer has to prove that your job meets certain requirements in order to properly pay you on a... Read more »

1 Answer | Asked in Employment Law for New Mexico on
Q: My usual workday is 10 hours; 6am-4:30pm, the last two of which are overtime hours. The polling closes at 7pm.

Overtime is not mandatory so my employer says they can let me off at 2:30 in order to vote without paying my overtime. Overtime is scheduled all year. Are they right for letting me out early with no overtime pay?

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 8, 2022

Federal law measures overtime hours according to a seven-day workweek rather than by the day. Any hours over and above 40 per seven-day workweek count as overtime hours. Thus, as long as you are properly paid overtime for all hours you work in excess of 40 per workweek, your employer is permitted... Read more »

1 Answer | Asked in Employment Law for New York on
Q: Does my employer have the right to listen to my conversations when he is away from the establishment. I live in ny state
Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 8, 2022

That depends. Under U.S. Supreme Court precedent you do have some expectation of privacy at your place of employment, though not to the same degree as in your home. You can also waive these rights to varying degrees if you agreed to any terms of service when logging in to your work computer system... Read more »

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