Hi. If you can show that your attempt to use FMLA was the reason for your termination, you may have a claim for retaliation. Retaliation can be shown through different factors: the proximity in time between your attempted FMLA use and your termination, hostility towards you after FMLA use/attempt...Read more »
I was a Ph.D. student working with my professor at University. We together applied for two patents, which were approved in the U.S. and Europe. My professor later started a company and licensed these patents from the University. Recently on the news, a large company sub-licensed these patents again... Read more »
Sorry, I wish I had better news, but you very likely are not entitled to any money from the patent.
Generally, when you are a Graduate Research Assistant, you are getting paid, either as a salary or in lieu of tuition, to do research. You were getting paid. As with any university in the...Read more »
Generally, you must be paid at a rate of no less than minimum wage for all hours worked. Failure to pay you for work you performed 6 weeks ago is a violation of the Fair Labor Standards Act. You should contact an employment lawyer in your area to discuss your situation and inquire about violations...Read more »
My now ex wife worked with me in my business. She ended up having an affair with one of our employees. During her deposition she did not admit to a relationship with the employee but as soon as our divorce was final he moved in and made it public through social media. She has posted damaging... Read more »
As counsel has already stated if she's making defamatory statements about your business that is an issue outside your divorce. However, I do think there are issues you could address in your divorce on other matters. First, would be a potential modification if you are unable to make payments...Read more »
i broke my middle toe moving some PT lumber by hand, happened the 26th, nothing was done at work, 27th too much pain, smoked recreational marijuana for pain, 28th woke up with toe black, went to work to show them i was going to ER, now they want statement and drug test, 36 hours after, its now 3rd... Read more »
It is not clear from your question if you have already been to an Emergency Room. If not, then you should go. If you have and they want you to see an orthopedic or podiatrist then you should call one and try to make an appointment. It is very difficult to see anyone now with the virus issues. They...Read more »
I'm a service tech for a franchisee of Panera Bread and Wendy's. I worked there for 18 years. 2 mos ago my boss announced his retirement and his supervisor chose me to take his place (email proof). Right before my supervisors retirement date his boss quit. Someone from another department... Read more »
You may have a claim for gender discrimination under Title VII and state law, but more information is needed to fully evaluate your situation. You should contact an employment attorney in your area as soon as possible to discuss your options.
Work will not allow me to work from home. I need help understanding my options and the best way to proceed but getting this information from work has been exceedingly difficult. I recently requested to start paperwork for short-term disability. This paperwork was provided along with the suggestion... Read more »
I would recommend reaching out to an employment attorney in your state for a consultation. More information is needed on your medical condition to determine if it qualifies as a disability under the ADA. If it does, you might try to request a reasonable accommodation of working from home. Looking...Read more »
A court or a panel could make a determination that a person is disabled (and hence, unable to work), based on the findings of an examining physician, and that benefits they are slated to receive reflect the fact that they are cannot work. As such, not working would be a condition for benefits. Your...Read more »
It depends. If you drive from your home to your employer's office or warehouse to pick up the specialized equipment (without which you cannot perform your job duties), then drive to the work site from there, the Fair Labor Standards Act typically requires that you are paid for time spent...Read more »
As part of the job I was required to get a medical evaluation before starting, it involved me disclosing any medical conditions I have and some blood work. My blood work came back great, but I have a herniated lumbar disc. Can a job take back their offer, even though I had already signed everything... Read more »
In addition to certain federal agencies that may be able to help you, every state has its own set of employment laws, some of which may cover your particular situation. Contact an employment lawyer near you.
If you sign the new contract your employer will probably have the legal right to seek a patent on your idea; and the consideration will be your continued employment, which they may try to make "at will."
Yes. Stop wasting time asking silly questions here on Justia.
Meantime, study hard, make really good grades, get an undergraduate degree that will be there to fall back on if you flame out, apply to as many law schools as you can afford to, if several schools accept you, select the one...Read more »
I feel my supervisor and director did not treat me fairly and consistent like other employees in the department. My employment terminated due to my writing. I obtained writing memos and documents from co-workers to explain my case. I have done some research and found there have only been two male... Read more »
It's illegal to discriminate based on gender, but I'm not sure I hear evidence relating to that in your question. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more...Read more »
Fiancé only signed one contract with planner for 28k where her commission would be 20% of that agreed amount per contract. Though through out the weeks planner only pushed ideas she saw fit and not what we specified when we initially met her. Fiancé ended up locating a venue which is the majority... Read more »
You might have a basis for contesting her fees, e.g., breach of contract by failure to perform her agreed duties. It's key to review the contract and all the related facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial...Read more »
I am leaving my company as a marketing manager after 6 years for personal reasons, but will continue on an independent contractor under my newly formed LLC for the next 6 months. The contract I'm reviewing has non-solicitation language that I want to make sure does not tie my hands beyond the... Read more »
Employees cannot violate the Intellectual Property rights of the company, including using any company client lists in their own professional pursuits. As for limitations on the non-compete clause, that depends on the facts, e.g., when it was signed, consideration received in exchange, time/...Read more »
I am a third year university student in the Nursing program, with one year left of school (not including the current semester). My tuition is roughly $50,000/year, and my family does not have the ability to take out large loans. My father was working for 26 years when he was suddenly laid off from... Read more »
Perhaps your father might have a basis for an employment law complaint, but that really depends on the facts leading to his termination. Also it would be useful to know when your remission was cut off - mid year or after the full year, as well as the contractual terms of the remission benefits....Read more »
Have a lawyer review the contract you originally signed with the union to represent you, along with the context and communications re: the current contract to determine your rights and duties. More details are necessary to provide a professional analysis of your issue. The best first step is an...Read more »
I am currently on H1B status which is valid till 04/07/2019 but was thinking of taking a break from job and change status to H4. If I want start a new job again after the break do I need to find one before my current H1B end date of 04/07/2019 i.e. should the new employer file for my H1B transfer... Read more »
If your spouse is in H-1B status, and you wish to stop working, you can apply to change your status to H-4. As long as you maintain your H-4 status, whenever you find another employer, you can change your status back to H-1B.
My spouse has an approved I140 immigration petition from his previous employer. His new employer has yet to begin the green card process which is probably sometime this year. Am I eligible to get an H4-EAD with his approved I140 immigration petition from previous employer? And is it feasible to go... Read more »
Since your spouse is in H-1B status and has an approved I-140, you probably are eligible for an EAD as an H-4 visa holder. The Trump Administration is considering stopping H-4 visa holders from obtaining EADs. It would be a smart idea to apply before they do so.
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