Federal and state laws require that when an employee works in excess of 40 hours per week, the employee must be paid 1.5 times the regular rate of pay for each hour over 40, unless your job duties fall into certain legally recognized exemptions from overtime laws. Thus, the answer to your question...Read more »
and no one seemed to do the right steps it was still ongoing untill they found a way to fire me and now they r trying to get me with retail theft and its just messy the guy was stalking me talking to me touching me
It happened almost everyday. It is happening to other girls too at work. We will cry and cry to the bosses to make a change but they do nothing. Is this considered a case to come forward with. Because there is no physical evidence, just us girls, the delivery drivers, and the bosses know about it.
I worked 15 years for my employer, with an additional 2 grandfathered years. March 2018 I was fired for performance. The firing came 3 weeks after being put on final notice with a six week improvement / performance plan to be completed by April 13. I had not received a poor review in my time with... Read more »
Assuming that you did not sign the proposed severance agreeement which presumably would have a release of all claims, it is possible that you may have a claim, depending upon the employer’s true motivating reason behind the termination. For instance, if you believe that despite the employer’s...Read more »
We were recently acquired by another company. I currently work three 12-hour shifts per week for a total of 36 hours. This new entity wants me to work a fourth 12-hour shift once a month, so I would have three weeks at 36 hours and one at 48 hours. This entity is trying to claim that I am not... Read more »
There is no “evening out” under federal or state overtime law. Each week is separate so any week where you work more than 40 hours you are entitled to overtime pay, even if you worked less than 40 hours in other weeks. You need to consult with an experienced employment law attorney. Feel free...Read more »
The company just released fiscal 2017 results, and we missed most targets. I then get an email saying they are changing our bonus payment for 2017, and the company as a whole will get a flat % due to poor overall company performance. I am part of a sales division that exceeded part of the bonus... Read more »
The issue is likely to be the terms of the written bonus plan. If the terms are clear and not discretionary, then under Pennsylvania law the plan could not be changed retroactively as to a complete yer. You should arrange for a consultation with an experienced employment law attorney to review the...Read more »
You are correct that when an employer has an appropriate sexual harassment policy and investigation process and an employee does not follow the claim reporting process, employers will seek to raise the Faragher-Ellerth defense to attempt to avoid liability for the sexual harasser's conduct....Read more »
Employers must pay employees overtime pay at 1.5 the employee's regular rate of pay even if you are paid on a salary basis unless your job duties fall into an exempt category. You may have a substantial unpaid overtime claim against your employer. It is essential that you consult with an...Read more »
Yes, it is possible to have a sexual harassment claim against your employer for the actions of an employee who is not your supervisor. However, assuming that your employer has the appropriate policies in place, under Supreme Court law, you must first notify your employer of the sexual harassment...Read more »
I broke my foot while on vacation last October and needed surgery to repair this. At that point my FMLA started. Since then I have had complications and required 3 additional surgeries to repair my foot. My FMLA expired December 31st and I requested additional leave. I provided notes from my... Read more »
It is possible that the additional leave that you requested and the request to work from home are reasonable accommodations under the Americans with Disabilities Act and the Pennsylvania Human Relations Act. If so you may have viable causes of action against your employer. It is essential that you...Read more »
I was fired on 12/11/17 with the excuse of bad civility. I worked there 4 years and was never written up, suspended or disciplined for anything before and was never given a written termination letter. Also a week prior I filed a complaint against the supervisor and feel this was retaliation for... Read more »
Given the brief facts that you outline, you could possibly have a claim for wrongful termination for pursuit of a workers' compensation claim; violation of the Family and Medical Leave Act, depending on the number of employees employed by your employer; and possibly retaliation, depending on the...Read more »
While more facts about the sexual harassment that you endured and your former employment situation are required to answer your question, you may very well still be able to pursue a claim. Please contact our office so that we can thourghlynreview the facts and accurately answer your question. Andrew...Read more »
Your inquiry is not specific enough. If you have been approved for intermittent FMLA leave and called out for an FMLA intermittent leave approved reason then it is possible that there is a violation of the law.
My husband paid premium into supplemental life insurance through his employer for almost 2 years. He passed away Sept, 2017. His employer did confirm on paper about his supplemental life insurance. But when I claimed it, insurance company denying it because of missing (?) EOI. His employer did... Read more »
Yes, facts that you detail could very well form the basis for a claim for the amount of the life insurance but a few more details are need. Please free to contact our office to set up a consultation. Andrew Abramson
employee would not hire me back because he said the workload was too slow but then later hired someone in my place is that illegal? he knew i would be out for 8 weeks and assured me the same position when i returned but then when i was ready to return he laid me off and told me to collect... Read more »
Yes, the facts that you detail could support legal action for violation of the Family and Medical Leave Act (FMLA). Feel free to contact our office to discuss the entire situation Our contact information is blow.
Also see this link for more information on the FMLA...Read more »
As a general proposition, the employee-employer relationship would be governed by the laws of the state where you are employed. Thus, if the majority of your work was performed out of your home in New Jersey, then New Jersey law would apply. However, an employer can control which state's law...Read more »
If the "agency" is the employer that pays you and weekly hours add up to over 40, you may be entitled to overtime pay for each work hour over 40. More information is needed including a description of your duties in each position and your rate of pay. Please feel free to contact me directly to...Read more »
First day back after FMLA leave & lung surgery, brought into the front office and told I have no restrictions, job description changed, new duties & hours and double workload. Told I have to work with hazardous chemical even after I previously refused, due to past cancer. Walk farther to perform... Read more »
You may ultimately have claims under the FMLA and possibility for disability discrimination. It is critical that you consult with an experienced employment law attorney to review of all facts concerning your situation to develop a course of action. strategy while you are out on leave. Feel free to...Read more »
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