Mandatory vaccination is lawful. It has been since 1905 when the US Supreme Court issued its opinion in Jacobson v. Massachusetts. That decision, although old, has been cited to over 800 times and recently by our US Supreme court in the last two years. You will have no recourse if you refuse to...Read more »
What you ask is really a question that will depend on the surrounding facts and circumstances. And it is unclear what you mean by personally endorsing. Anyone looking at the paper trial would see your "on behalf of" comment, and hearing your explanation probably conclude that you were...Read more »
So since working for employer I have had missing wages issues that never were addressed after a month of getting the run around I felt hopeless because the clock in were changing when I am well aware of my clock in times. Sunday was my normal schedule day and 4th of July landed on that day I was... Read more »
There is a great deal in your post that may lead to a meritorious legal claim against your employer. It would be a really good idea for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you...Read more »
I have a workers comp case (Psych) as a result of bullying and threating by an operations manager. 1. I was retaliated against for filing a complaint (Denied a promotion, interference by Director of Public Works in the Workers Comp process) . 2. I was also harassed, discriminated against and... Read more »
I was working as a bakery, had no other option, manager told me that’s the only position that was available, I was bossed around a lot through the whole hours that I was working, manager even told the one in charge of bakery that “it was better when she was alone” while I was getting ready to... Read more »
No, your post provides no legal basis for a lawsuit against your former employer.
While everything you report suggests a terrible place to work, there is nothing reported that suggests unlawful conduct. It is not against the law for an employer to limit your responsibilities, boss you...Read more »
I recently was brought into a conference room by my supervisor to discuss my vacation hours when I was surprised to see the HR manager in there waiting. They had a list of 5 items they had issues with which I confidently argued my way out of as the company is rife with poor communication and... Read more »
I am sorry but what you describe is not unlawful in any respect. An employer is allowed to talk to employees and question them about their vaccination status, and frankly the employer is allowed to discipline and even terminate an employee who refuses to vaccinate.
I quit my job last Monday on 8-30-21 it is not 9-7-21 and I still haven’t gotten my last check. When I called and ask about it they just tell me it’s in the mail. But I don’t think it would take that long to receive the check.
Your employer is only required to have your check available for you at the regular place of business within 72 hours of the time you gave notice, or on your last day, whichever is later. If you did not go in to pick up the check, you can be determined to have caused the delay, vitiating the...Read more »
You have asked no question. I must assume you think that if you place these statements here, someone will answer with a desire to work for you. That is unfortunately not how this site works. This is simply a Q&A board, and it would be inappropriate for anyone to ask to work for you....Read more »
If I work 5pm-4am, I am not entitled to overtime because 12am is considered a new day, new shift. So if that is to be true,and the law that I am entitled to 4hrs of pay for shifts lasting up to 4hrs is also to be true, then if I work a shift from 10pm-2am, I should be compensated for 8 hrs of... Read more »
There is no law that says you have to be paid at least 4 hours in a shift. An employer need only pay you for the actual time you spend working, even if you work only 10 minutes. There is no minimum amount of time you have to be scheduled. Now if you are in a union that has negotiated a minimum...Read more »
I’ve messaged him multiple times regarding my final paycheck but he hasn’t responded yet. I live and California and I know that employers have to give you your final paycheck the day you are fired. Am I entitled to waiting time penalty?
If you worked for a government employer, or a private employer doing business on federal government property, the California Labor Code provision giving you the right to waiting time penalties does not apply to you. If you worked for a private employer not located on federal government property,...Read more »
Recently diagnosed with bipolar 2. Have been having huge episodes happening and 1 recently while on break at work. I am taking a 2nd mental health day to try and get all this under control with my meds. My position has a rule of no more than 3 incidents (absence) within 6 months. This would be my... Read more »
Generally an employee who misses work can be disciplined or terminated for excessive absences at any time the employer desires. However, if the leave is protected under one of several protective statutes, it cannot be used to discipline or terminate you.
Technically it is not unlawful for an employer to pay employees with cash as long as the standard deductions are still taken out of the pay and paid to the various government entities, and as long as you get an accurate wage statement at the time you are paid. However, in my experience, that does...Read more »
His word were along the lines of. Based on our past conversation, I never know which person I am going to get. You are always having your ups and downs. And I am just not sure which mood I am going to catch you. It makes it really hard
An employer telling you that it is having a hard time dealing with you is not unlawful or inappropriate. Your post does not even say that the employer used the term PTSD. There is nothing wrong with an employer complaining about your moodiness at work.
I applied for my EAD's renewal after my old EAD's expiration date which means there's now a gap in my employment authorization. I'm currently on unemployment and I wonder if I should continue certifying for unemployment benefits. If so, what would the risks be? I definitely... Read more »
You are not qualified to receive UI benefits if you are not ready willing and able to take a full time job. If your immigration status means you do not have the right to work right now, then you should not certify that you can.
The vacation was scheduled by the mailhandlers union and the dates were posted up on the bulletin boards I am new so I am guessing that I had to let them know before I left but I was never told that What should I do if they try to take disciplinary action
I just want to know what is included in the Exempt Salary Minimum wage? Does include certain benefits I know you can include 10% of a bonus but can my employer include company contributions, and health benefits?
Your boss is right. Overtime is calculated based on workdays, not shifts. The default workday starts at midnight. Unless your employer has chosen a different 24 hour period as its workday, when you start at 10 pm and work past midnight, the first two hours of the shift is in one workday and the...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.