If the pictures were creative works, you could be violating your former employer's copyright interests in such works. Typically, under the work for hire doctrine, the copyright for creative works made by an employee belongs to the employer, not to the individual employee that created them....Read more »
I submitted an ADA request to my employer. They approved it based on a doctor's recommendation without consulting with me. I did not agree to the accommodation approval as it did not accommodate my situation because I have a special needs newborn in and out of the hospital and I need to be... Read more »
Whether an employer has made reasonable accommodations to enable a qualified individual with a disability to perform essential job functions or to have the same privileges as employees without a disability without undue burden on the employer is a fact intensive determination. There is no way of...Read more »
Hello! Thanks for your question. Disability policies (short-term included) can vary a lot in how they define what it means to be "disabled." I would recommend taking a look at your employer's group Short-Term Disability policy and seeing how it defines "Disability." That in...Read more »
I submitted an ADA request for a 3 day a week with a part-time schedule to my employer signed by a doctor. I'm a 4x combat veteran and have a special needs newborn so I have to make it to appointments.
The employer received the request and approved 4 days based on my doctors... Read more »
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.
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 »
I have a lot of documentation on situations and incidents stating back in September of 2021 started documenting the beginning of 2022 in regards to retaliation from management and all shapes and forms what can I do is start to become intolerable to work
Retaliation is a recognized cause of action in discrimination cases. Maintain a detailed log or diary of your managers’ actions toward you. Then bring it to the lawyer who handled the prior discrimination claim that you think your managers are retaliating against you for. If you can’t bring...Read more »
No, but they can make it a condition of continued employment under many circumstances. If such a test is “job related and consistent with business necessity,” the employer can require a COVID-19 test as a condition of continued employment. This is largely being interpreted as meaning will the...Read more »
I worked part time for a company making the $7.25 minimum hourly wage. The company also had a tip pool on top of their pay, and employees were tipped equally every day. When I quit the job, the manager told me that they were going to withhold my tips from the previous day I had already worked. They... Read more »
This is a tricky situation. Under federal law, employers are generally only required to pay you at least your state's minimum wage for each hour of work you perform. In the service industry, this means your server wage + your tips received must equal a ground total that averages out to an...Read more »
$34,000. The next morning he took it to his boss to get advise. His boss told him to just go home and then meet him at his house at 2pm and he (the boss) would take him to cash it. At some point the boss told my roommate that he would give him $1000. So he then comes home and tells me everything... Read more »
I work for a company who is a contractor for a bigger company. I recently applied to work for the bigger company, was offered a job, then told I couldn’t work for them because my current employer (their contractor) and them signed a contract with a no hire clause in it.
An antipoaching or no-poaching agreement between two businesses may or may not be legal based on the language of the agreement and the particular circumstances of your particular case. Ordinarily, whether the employee knows about such an agreement is not a significant factor in determining whether...Read more »
I was hired as a “trainee” while I completed the hours toward my certification. I signed a document that if I left less than 2 years after my certification I would pay back the training costs. I don’t feel like taxes, overtime and other benefits should be included in training costs.
Unless you specified in your agreement that training costs includes taxes, overtime, and other benefits, I would think that a court would not construe those items as "training costs" using the ordinary definition of that term.
No, in Texas, district courts do not have exclusive jurisdiction over at-will employment contract disputes. Under Section 24.007 of the Texas Government Code, a district court has jurisdiction of a civil matter in which the amount in controversy is more than $500, exclusive of interest. That is...Read more »
Employee's? Let me say never had any kind of accident in my job. Must add I was told you pay for this out of your own pocket or your fired. I was sent an email say the damage was $15,000. I'm 70yrs old I don't need this. Could anyone please guide to some options. Thanks
Unless you have a written employment agreement for a specific term of employment, your employer most likely can terminate you because one of the subordinates you are responsible to supervise caused an accident. However, legally, as an employee, your employer cannot successfully sue you for such...Read more »
They have written company policy clock in notices posted at each time clock. States employees must show up before their required shift to change into clothes provided on job site, but not to clock in until you are changed. Is that not considered work? They require it to be done and can only be done... Read more »
Under the FLSA, the time spent changing into the clothes provided on the job site is consider compensable work because your employer is requiring you to change into those clothes at the job site. If your workplace is unionized, however, you and your fellow employees could have collectively...Read more »
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