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I mean he serve special needs he don’t read or write only his name alittle not only did he work there for 15 yrs the fired him for eating a piece of ham he didn’t pay for but honestly I feel it was paid in full by never having a raise and it’s not a mom and pop restaurant it’s k and w there... View More
answered on Jun 4, 2020
Unfortunately, minimum wage is currently $7.25 per hour and the law does not require pay increases except when the minimum wage increases. Now, if they did not pay him for all hours worked or did not pay him for overtime worked, he still might have a claim.
I tried to report sexual assault incident at my former college. The police officers lied to me about several things and when I met with them for the last time they tired to blame me for being assaulted and them closing the case without giving me a way to submit evidence. When I tried to contact... View More
answered on May 18, 2020
It is a complicated question to answer and will depend on exactly what happened. However, in general, colleges are liable for sexual assault pursuant to Title IX where they were aware of the harasser's likely conduct or did not take sufficient steps to address reports of sexual assault.
Employer is aware I’ve been in recovery from alcohol for 4 years. I’ve been on the leadership team with the company since I started over 3 years ago. An Instagram post from our company that read “team building for Thursday night” with pictures of beers in bags is how I discovered the... View More
answered on May 6, 2020
You did not post a question. However, by itself, there is nothing unlawful about the employer not inviting you.
95% of my requests were responded this way. I am pro se in arbitration in a labor case on issues of discrimination, retaliation, and constructive discharge. I have no money for an attorney.
answered on Apr 26, 2020
Send a letter to the other party's attorney telling them you need the answer within a certain period for example 10 days or two weeks of the date of your letter to them. Offer to talk about the information and why you need it. See if you can work out a deal to get all the information or your... View More
answered on Feb 20, 2020
Yes, and the employee can be fired for missing work even if the doctor gives a note. The only exception is if the child's condition meets the definition of serious health condition under the FMLA and the parent is an FMLA eligible employee with remaining FMLA leave.
Employee of 7 years told to sign agreement in 2014 or find a new job. Trying to leave job and they are threatening to enforce it.
answered on Dec 7, 2019
Every contract has to have consideration to support it. Therefore, if there is no consideration, there is no contract. A couple of things to note. First, consideration is anything of legal value and not just money. Second, even if the contract is legally unenforceable, the employer may file a... View More
I have been employed by Walmart since January of 2018 and I have ran this question through my head countless of times and finally realize something isn't right. Like many other corporate companies they are focused on profit and anyway of making a bigger one. Needless to say overtime is the... View More
answered on Oct 22, 2019
Not sure that I completely understand what you are asking or why you think this is working for free. The wage and hour law requires an employer to pay an employee for all time worked unless the employees is salaried exempt. If you work over a scheduled shift or ending time, but your hours are... View More
My father always completes all of his work he has never been written up. Lately he has been having back and hip problems and yes he has slowed down from when he was 20 but he completes every task asked of him. And today HR contacted him and said that he had to get a note from a doctor today to be... View More
answered on Oct 8, 2019
In general, yes. North Carolina is an employment-at-will state where an employee can be fired at any time for good, bad or no reason at all. If he is not performing upto the employer's expectations, then he can be fired and that would be considered a "good" reason. However, if he is... View More
Apparently people are abusing the break system at work and the above policy is the answer. I am asking is it legal to take an extra 30 minutes if you forget to clock out. Isn't this stealing time?
answered on Oct 7, 2019
It would be unlawful if you really did work during that 30 minutes. It would not be unlawful if you did not work during that 30 minutes.
Is this legal?
answered on Sep 25, 2019
Yes, they can fire you if you do not come in. You would not have a legal claim unless you were out due to something like jury duty, military service or FMLA.
answered on Aug 10, 2019
That is terrible for you to have to go through.
However, there is no law against an employer, supervisor or co-worker berating, screaming or disrespecting you in this state. This type of conduct may be unlawful if it is directed to you on the basis of race, color, sex, national origin,... View More
Prior to changing us to non-exempt we were required to attend Conferences that lasted well past our normal business hours. When not at conference or trainings we couldn't go over 40hrs but at these events we worked 50 - 60 hours without additional pay. Is that legal?
answered on Jul 9, 2019
You cannot be switched between exempt and non-exempt by your employer as those are legal terms defined by the wage and hour laws. You are either one or the other unless there is a substantial change in circumstances (job duties change for example). In making the determination, the law focuses on... View More
answered on Jun 15, 2019
Yes. However, if the texts are work related and you are a non-exempt employees (one entitled to overtime), then the employer must pay you for that time spent on the texts. If you are an exempt employee, then the employer is not required to pay you for that time.
I was ordered to see state psychiatrist due to ADHD, social anxiety, bipolar, and other mental issues. State Dr. said to me he was deeming me unable to work a steady job that would provide stable income due to my emotional issues and bipolar. Yet I was denied. I am confused as to why. This was for... View More
answered on Jun 12, 2019
This is posted in the Employment Law section, but I recommend posting it in the Social Security Disability section. I think it is imperative that you reach out to social security attorneys as soon as possible. I really cannot make a recommendation based on personal knowledge as I do not work with... View More
I was out from work for 2 days because of my panic attacks. Today is the third day and my coworker just told me that my manager was asking him about my medications and in front of my coworker while I am not there. I am so embarrassed and upset that my manager is asking my coworker about my... View More
answered on May 23, 2019
In this scenario, most like this is not unlawful. Employers with 15 or more employees are required to keep employee medical information once they receive such information from the employee or a third party on the employee's behalf (a doctor for example). However, asking about your medications... View More
A former employer called me in April and stated that for several months funds were deposited in my account. I checked my banking statement and he is correct. I left the company 8 months ago. Funds were deposited for 3 months. Funds were last deposited in November. I truly did not know that funds... View More
answered on May 2, 2019
The employer can file a claim to get those funds back. If they do, they will then try to collect if from you.
answered on Apr 20, 2019
Possible, but likely not. Workplace bullying is not unlawful in this state. The only time that you would be able to file a claim for bullying is if it arises to the level of unlawful harassment (pretty much synonymous with the term "hostile environment." Harassment is unlawful only if it... View More
I'm headed in for a meeting with the store manager later in the day, though my fear is that my request for being paid my lost wages and switching all my hours for the lower wage to the vastly superior wage. I'm an hourly worker and I have a few coworkers with a similar problem.
answered on Apr 14, 2019
If the employer is not paying you a promised wage, you can file a complaint for free with the North Carolina Department of Labor's Wage and Hour Bureau. Search online and their website will give you information on filing via phone.
Hello I am a 15 year old male and I feel like I am being sexually assaulted by an 18 year old male who has been touching me in places that make me extremely uncomfortable and I was wondering if it would still be illegal if I’ve never really shown any resistance
answered on Apr 6, 2019
Sexual harassment is complex. There are specific laws that prohibit sexual harassment in certain situations such as employment or education. If this is your co-worker, or boss, or a classmate, then there are specific laws that apply and steps you can take. However, if this is someone you know in a... View More
My boss says the training is required, but it was not in my contract.
answered on Feb 13, 2019
Yes, he can lawfully fire you for leaving. In fact, whether you are paid hourly or salary, non-exempt or exempt, you can be fired for leaving if your employer expects or demands that you stay beyond your shift.
You mentioned a contract. If it is actually an enforceable employment contract,... View More
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