A disability was declared day 1 and after 25yrs of service employee was sent to do a FEC exam. Is the company responsible or the facility where the fall occured for employee's re-injure and new injuries. Is this worker's comp or personal injury?
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answered on Mar 19, 2024
If your employer sent you for a Functional Capacity Evaluation (FEC) despite knowing about your disability, and you were injured during this process, there might be grounds for responsibility on part of your employer or the facility, depending on the circumstances of the fall and existing workplace... View More 
A 46-year-old female with a disability, I believe my rights have been violated, and I am seeking justice for the mistreatment I have endured. I am on a team of 6; same job different territories. Issues: Bullied by my boss and it is always done in front of an audience. Favoritism is shown to... View More
answered on Jun 29, 2023
Certainly document everything and contact a Plaintiff's employment lawyer, sooner than later because there are statutes of limitations on your claims, and if you do not pursue them timely you may lose them forever. Some employment lawyers offer free consultations, I always offer free... View More
If I bring them home do i have to pay out of pocket for home extermination?
answered on Jun 29, 2023
This may be a claim that could be pursued as a Workers' Compensation Act claim if you are injured or become sick as a result of the bugs at your job. I am unsure, but I do not believe it is illegal to be a bad employer and fail to keep your employment premises bug free, so it may be a case... View More
answered on Jun 1, 2021
Yes, you can be required to work as many hours as they ask of you, but they must pay you an overtime premium of time and a half for all hours over 40 per week, unless an exception applies.
I have been working for the same retailer trying to work my way up to General manager in my company. I work as the Sales/Assistant manager in a chain retail store. My current general manager is transferring out to another location. Unless something changes, I am expected to work the job roles of... View More
answered on Mar 23, 2021
The company's obligations to you regarding your wages will depend on how they are paying you during this time. Generally, the Fair Labor Standards Act does not impose any maximum hour restrictions. However, you must be paid for all hours worked. If you are paid by the hour, you must receive... View More
I am a contractor working for Lockheed Martin! I also feel my supervisor been trying to form a case on me for months! In person she said I was fired for not coming in but on the report she states it was due to my attitude! She’s white and I’m black
answered on Dec 16, 2020
Unless you have an employment contract stating otherwise, your employer can ask you to work on Saturday and Sunday (or any day). If you refuse, your employer can terminate your employment.
They didn't arrest anyone or nothing an investigation came out an kept me an the passenger there for hours before finally letting us go an taking the property that we had an could prove we took them off junk vehicles that was owned by the passenger of my truck is this ok for them to do
answered on Nov 16, 2020
A South Carolina attorney could answer your question best, but it remains open for four weeks. As a general matter, catalytic converters attract bad attention due to their theft for the precious metals they contain. Although your transport of the converters was legitimate as metals recycler,... View More
I was recruited by a company that offered me a great opportunity. At the time, I had a promising career with a major corporation so I was reluctant to take the opportunity because I had a criminal background from ten years prior. I explained to various members of the recruiting company that I had a... View More
answered on Aug 27, 2020
The specifics of your situation should be discussed with an employment attorney in your area; however, the answer is likely no. In an at-will state such as South Carolina, your employer can deny you employment opportunities or terminate your employment for any reason or no reason, as long as it is... View More
Been working at a place for over a decade. Many things have happened over that time, some addressed with management. Sexual harassment, threats of violence, refusal to pay overtime, sharing medical information with subordinates, firing other employees for refusing to work sick etc. The owner... View More
answered on May 22, 2020
You should speak with an employment lawyer in your area. He or she can review your situation and provide some guidance on the strength of any legal claims you might have, which will aid you (or the lawyer) in making a demand for severance.
Can he ask for that??? It’s a child
answered on May 11, 2020
If there is a police report, you can provide it redacted -- I would say almost completely.
If there is no police report, the employer is still required to give you the time off without retaliation -- California Labor Code Sec. 230.8 says you cannot be fired for taking time off for a child... View More
I never received notices of low performance. In 2019 I exceeded my sales goals. This year the company lost a customer in my territory, but it was not my fault, as they decided to start buying directly from China. I am 49 years old, and there are other younger sales people who did not reach sales... View More
answered on Mar 11, 2020
You may have a claim for age discrimination and/or disability discrimination if your pacemaker has a lasting impact on your ability to perform major life activities. However, you'll likely need more evidence than what you've stated above to support your claims. How old are your... View More
I was at work when I felt a pop followed by a searing pain that knocked me breathless onto the floor (in the worst paralyzing pain ever) from a squatting position. ER diagnosed me with an umbilical hernia. I was put on modified duty (not given hours to this day). The single medication I was RXd... View More
answered on Aug 6, 2019
Since this is a denied case, I would contact an attorney and relay all information and then see if you have a viable case. The five requirements we need are (1) an injury resulting in hernia that (2) the hernia appeared suddenly and (3) was accompanied by pain and the (4) hernia immediately... View More
Yesterday 3 hours before my shift ended I was called into office and was told that due to a b s excuse they like to use I have to be terminated Now I don't know if I can get help with my situation and they are liable. I had been with them full time for over 2 years I have No insurance Please help
answered on Jan 15, 2019
Try additionally reposting your question in the Workers' Compensation section. Hopefully one of the experienced attorneys in that category could pick up the question.
Tim Akpinar
Can he sue the employer ?
answered on Aug 28, 2018
Yes, if an employer fails to pay the employee, then the employee can bring a lawsuit under the SC Wage Payment Act. If the amount owed is less than $7500, then you can bring a lawsuit in small claims court/magistrate's court yourself. You can also contact the SC LLR to file a complaint,... View More
Was denied unemployment benefits and pending chargers were placed on background. I have no source of income. The chargers and termination were reason for no employment after companies checked background.
answered on Apr 2, 2018
If the police charged you with a crime, the employer is legally allowed to fire you. SC is an at-will employment state, and unless the termination is based on discrimination on the basis of age, race, disability, sex, religion, or national origin, then you don't have a basis to sue your employer.
answered on Apr 2, 2018
Not unless the bullying was based on your age, race, sex, disability, national origin, or religion. Regular bullying is not necessarily against the law.
answered on Apr 2, 2018
You can find an employment lawyer through the Find a Lawyer function via Justia. You can also contact the SC Bar's Lawyer Referral Service as well.
of the court system does not have a chance to apply and she feels like its because she is a female; is this discrimination?
answered on Apr 2, 2018
You would need more facts than a "feeling" that you were discriminated against on the basis of your sex. However, if you do have additional facts, you can contact the EEOC to file a charge of discrimination against the employer. You have 300 days from the date of the action to file.
answered on Apr 2, 2018
You can say no, but your employer would have every right to fire you for insubordination. SC is an at-will employment state, so unless the decision to send employees home is motivated by race, age, disability, sex, or other protected reason, the employer can send people home early.
I have a Master's degree, my company said they would pay for me to go back to get an MBA. Now, they changed their mind and said that they will not offer me tuition assistance for anything because I already have a graduate degree.
answered on Mar 2, 2018
No, level of education is not a protected category. However, if the company promised to provide tuition assistance but then went back on its promise, then it may be a breach of contract claim that you have. Of course, details matter and a consult with an employment lawyer would be required.
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