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I was being forced to drive over the legal limit. So I quit as it was clear it was not going to stop. I have a work comp injury claim that I was released to go back to work with no restrictions. We never signed a release of any kind stating I had no injury. I still have nerve injury that causes... View More
answered on Sep 19, 2012
You have one year to pursue the claim. If a year hasn't passed they should provide treatment. However, the longer it has been since your last visit to the doctor the more difficult it will be to obtain care. You may want to contact the TN dept of labor, workers compensation division.
answered on Sep 19, 2012
You have a couple of options. You can hire another doctor to give a second opinion as to impairment or if the doctor gave him any restrictions you can request a second opinion through the department of labor. If you need to hire another doctor I would contact a lawyer with work comp experience as... View More
answered on Sep 19, 2012
Yes. Ultimately it is up to the judge to make sure the settlement gives the employee all the benefits they would be entitled to under the workers compensation act. If the judge does not believe it is fair he or she can deny it.
answered on Apr 16, 2012
It really depends on their job duties. Often insurance agents fall under the outside sales exemption or the administration exemption. To know if these specific agents are exempt you would really need to set forth a detail description of their job duties and pay structure.
answered on Apr 16, 2012
It depends. PTSD is likely a disability under the ADA if it substantially limits one or more major life activities. If this is the case for you the next question is can you perform your job with a reasonable accommodation. If so and the employer fires you any way the termination may be illegal.
answered on Dec 13, 2011
Anyone can represent themselves in Court. As such, you do not have to have a lawyer to file suit. I will warn you, however, that the law can be complicated and difficult so be careful. Good luck
By the owner/dentist. I have been doing my job to the best of my abilities but have been feeling the stress and pressure of being overworked. They are uncaring and keep piling on the number of cases to be completed each day. Yes I am older, 52 this year, but take pride in my work and have a... View More
answered on Dec 13, 2011
There is no limit on the hours that can be required to work, however, if you work over 40 hours per week you may be entitled to overtime under the FLSA.
answered on Dec 13, 2011
An employer can pay in cash or check. Taxes are not optional so they have to be paid no matter how you are paid. As to overtime, as long as you are non-exempt under the FLSA you should receive it for all hours worked over 40 in one week. It really depends, however, on how you are paid and what... View More
answered on Dec 3, 2011
As long as your employer tells they are going to cut your pay and it is not for work already performed the reduction is likely legal. Keep in mind that the fair labor standard act will apply if you are a non-exempt employee. As such, you still should obtain overtime and must be paid for each hour... View More
And he wouldn't write me a check this week because i didnt come into work yesterday. . But to help make things clear it was my day off
answered on Nov 27, 2011
It sounds like your employer is violating the Fair Labor Standards Act. In general an employer has to pay at least $7.25 an hour for the first 40 hours worked in a week and then 1.5 times the hourly wage for all hours worked after 40 hours per week. You can contact our office to discuss further... View More
They want to dock me for that days pay? Can i get paid for all time they have made me put in?
answered on Nov 27, 2011
In general if you are either an exempt salary employee or an hourly employee. If you are an exempt salary employee you should get the same amount of pay each week you work no matter how many hours you work. An employer can't get the benefits of not paying overtime for working over 40 hours a... View More
How can I go about located a quality employment lawyer in TN (preferably in Bledsoe county)?
answered on Nov 27, 2011
In Tennessee commissions are generally controlled by company policy. Did you have a handbook that discussed what happens to commissions after termination? You are welcome to call or email my office if you would like to discuss.
We do not receive lunch breaks and are not paid for it. If he wins the suit will they be required to pay all the affected employees or only those parties involved in the suit?
answered on Aug 5, 2011
Most likely only the parties involved in the suit or people who file their own suit will get back pay.
answered on Aug 5, 2011
It really depends on the severity of the case and what you want to accomplish. Some matters are better handled through the government regulating body. Cases that involve serious or life changing damages likely need the help of an attorney.
answered on Aug 5, 2011
It depends. What type of work did he do? Some work, like construction, does not require a 5 employee minimum. Also, if the injury was not your husband's fault he could bring a straight negligence claim.
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