Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Kristan Peters-Hamlin

1 Answer | Asked in Employment Law for New York on

Q: If you clock in and out of work, is it assumed that you are a wage worker?

Kristan Peters-Hamlin answered on Jul 8, 2011

If by wage earner you mean non-exempt, normally it is only non-exempt employees who are required to clock in and out. But there is no law prohibiting an employer from making exempt salaried employees clock in and out.

1 Answer | Asked in Employment Law for Connecticut on

Q: I am a teacher and took FMLA leave. Snow days occurred during the leave. Can my employer require me to make up the days

I'm a teacher in CT and the snow days occurred during my 12 weeks of FMLA. My employer is requiring that I use 12 concurrent weeks and not intermittent leave. Am I required to come back in 12 weeks and still have to make up the time (snow days) at the end of the year? US Dept of Labor said no and... Read more »

Kristan Peters-Hamlin answered on Jul 8, 2011

If the employer is counting the snow days against your FMLA leave, you cannot be required to make it up. But the employer should not count the snow days against your FMLA leave, in which case you could be required to make it up.

1 Answer | Asked in Employment Law for Connecticut on

Q: Am I Trespassing if I'm picking up my last pay check?

Kristan Peters-Hamlin answered on Jul 8, 2011

The answer depends on whether your employer has informed you, in writing or otherwise, that you are not entitled to come back on the property and your paycheck has been mailed to you. A finding of trespass turns in most states on whether you have been notified not to come onto the property and... Read more »

1 Answer | Asked in Employment Law for Connecticut on

Q: Does a dirty urine mean automatic violation of zero tolerance probation?

I've been clean and in compliance for over a year now, work, have a car an apartment, and a good relationhip with my PO.

Kristan Peters-Hamlin answered on Jul 8, 2011

Please clarify your question: if what you mean is that an employee was on probation and one of the conditions of the probation was that there would be zero tolerance for drug abuse, then a dirty urine sample could mean a violation unless there is a legitimate justification for the dirty sample,... Read more »

1 Answer | Asked in Employment Law for Connecticut on

Q: In connecticut, if a sales person is terminated and there are executed contracts in effect, when is the employer

Responsible to pay commissions?

Kristan Peters-Hamlin answered on Jul 8, 2011

Please clarify what you mean by executed contracts. Are these executed contracts that the sales person executed and for which the salesperson would normally receive commissions pursuant to an employment agreement or contract with the employer? If so, then the employer would be responsible for... Read more »

2 Answers | Asked in Employment Law for New York on

Q: Can i withold an employees pay if they quit without notice if the employee is in breach of contract

Kristan Peters-Hamlin answered on Jul 8, 2011

In many states you cannot. For instance, both CT and NY do not allow you to do so. What you would have to do is pay the employee and then make a demand upon the employee for the money owed to you from the alleged breach of contract. In CT, for instance, if you fail to pay, you can be subject to... Read more »

View More Answers

1 Answer | Asked in Employment Law for New York on

Q: At work id it discrimination when a principla singles you out to travel and uses langauge to put down

Kristan Peters-Hamlin answered on Apr 27, 2011

It depends on whether the principle was motivated to engage in such conduct because of discriminatory animus based on protected class status or because of retaliatory animus. Without an impermissible motive, there can be no discrimination.

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.