Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Carrie Dyer
1 Answer | Asked in Employment Law for Texas on
Q: my lead asked if they could record our conversation. I said yes and then without asking I recorded as well

I told my lead/supervisor yes they could record the conversation but I didnt ask if I could in return and I did. Is that illegal.

Carrie Dyer
Carrie Dyer answered on Feb 12, 2020

Texas is a one-party consent state, so as long as you were a party to the conversation that you recorded, it is not illegal. However, your employer may have a policy in place prohibiting employees from recording conversations in the workplace without the consent of all parties.

1 Answer | Asked in Employment Law for Minnesota on
Q: Is it legal for my employer to write me and only me up for something everyone is doing?
Carrie Dyer
Carrie Dyer answered on Feb 12, 2020

It is not per se unlawful for your employer to single you out and discipline you for things others are doing. However, if you are being disciplined for things similarly-situated coworkers are also doing without consequence, and you believe the disparate treatment is due to your membership in a... Read more »

1 Answer | Asked in Contracts and Employment Law for Texas on
Q: My wife was terminated from her position. The company has sent her an NDA, is she under any legal obligation to sign?

She has already signed an NDA when she started at the company. She was fired for accidentally emailing herself a document that contained sensitive company information. They are requesting that she signs this new NDA, but are not offering any incentive to sign.

The only thing I am really... Read more »

Carrie Dyer
Carrie Dyer answered on Feb 12, 2020

Additional details are needed to fully analyze your wife's situation. You should reach out to an employment attorney in Texas and seek a consultation and review of the NDA that your wife's former employer is asking her to sign.

1 Answer | Asked in Employment Discrimination and Employment Law for Minnesota on
Q: I was told by my supervisor that if I have too many FMLA days they will take away the 1 day a week I can work from home

My entire team works from home on Fridays and I was told I would be expected to be in the office if I have too many unplanned FMLA days.

I am on intermittent FMLA for my own serious health condition.

I feel I am being punished for having FMLA

Carrie Dyer
Carrie Dyer answered on Feb 12, 2020

In general, an employer cannot use your need to take intermittent FMLA as a negative factor in making an employment decision. More details are needed to determine whether an FMLA violation has occurred. You should consult with an employment attorney as soon as possible to determine the best... Read more »

1 Answer | Asked in Employment Law for Utah on
Q: Can a employer drug test WITHOUT consent for suspicion drug use? Bcz a coworker snitched that they saw me doing drugs.

Hi. I just started working with a company and they already performed urine test and mouth swab for preemployment and I passed both. However 2 days later another employee saw me in the car smoking something on a tinfoil. My question is, can the company ask me to drug test immediately without giving... Read more »

Carrie Dyer
Carrie Dyer answered on Feb 7, 2020

Yes, your employer can require a drug test without notice based on reasonable suspicion.

2 Answers | Asked in Employment Law for Utah on
Q: is it grounds for termination if you say no on convictions ? with app if employer doesnt require background check

im on probation i got hired and did everythng drug screening driving record they didnt require background check so i marked no on the convictions part of application. my probation officer called to verify employment then employer re looked at application and seen i marked no and fired me the... Read more »

Carrie Dyer
Carrie Dyer answered on Feb 7, 2020

If you have been convicted of a crime, and you indicated on your job application that you have not been convicted of a crime, then your employer can terminate your employment for providing false information on your application.

View More Answers

1 Answer | Asked in Criminal Law, Employment Law and Sexual Harassment for Colorado on
Q: My boss has made sexual comments, attempt to break into my cabin on property, and groping another employee. what next?

He has tried forcing himself on several employees while we are at work. He is generally intoxicated. There are several females involved and a few are willing to come forward. He was an ex-police officer. He has a lot of family in law enforcement.

Carrie Dyer
Carrie Dyer answered on Jan 30, 2020

You and others who have witnessed your boss' behavior should immediately report your boss's conduct in writing in accordance with your employer's policy for reporting such violations. If your employer does not have a policy, report the conduct to your boss' supervisor and to Human Resources in... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Okay I’m just wondering if I made a complaint on a manager for picking on me. I haven’t been scheduled
Carrie Dyer
Carrie Dyer answered on Jan 30, 2020

It is unlawful for your employer to stop scheduling you for shifts in retaliation for making a protected complaint. Not every complaint about a manager is a "protected complaint." If you complained that you believe in good faith that your manager was treating you differently or taking some action... Read more »

2 Answers | Asked in Employment Law for New York on
Q: If a person is sexual harassed at work, supervisor knows, and still works with that person is there a case?

After telling supervisor about all the things other rep said, was still told to work with that person. The one who said it was mad that something was stated to the boss about said stuff. Had 3 days of that person saying sexual comments. Now hard to work with this person.

Carrie Dyer
Carrie Dyer answered on Jan 22, 2020

You should review your employer's handbook or policy regarding reporting incidents of sexual harassment and ensure that you are following that policy. You should also report the sexual comments, in writing, to the Human Resources department. Be sure to report all future incidents in writing as... Read more »

View More Answers

2 Answers | Asked in Employment Discrimination, Employment Law and Health Care Law for Kentucky on
Q: Possible wrongful termination question. Terminated while on leave with Doctor’s note.

I was removed short term from work August 2019 due to surgery. After surgery I had complications still and the dr felt I needed to be seen by another surgeon of his choice for a second opinion. The surgeon filled the required paperwork out and sent it to my short term disability company. They... Read more »

Carrie Dyer
Carrie Dyer answered on Jan 22, 2020

More information is needed to determine if you should have been eligible for job protection under the Family Medical Leave Act or eligible for an accommodation in the form of continued medical leave under the Americans with Disabilities Act. You should contact an employment attorney to discuss... Read more »

View More Answers

3 Answers | Asked in Employment Law for Ohio on
Q: Unpaid work/hours at a job. Is it legal

They give us 12 hours of work to finish in 8, but only pay for 10. The extra 2 is straight pay, and not overtime, is it legal?

Carrie Dyer
Carrie Dyer answered on Jan 15, 2020

The Fair Labor Standards Act requires that employers typically pay their employees time and one-half their regular rate of pay for all hours worked per week in excess of 40. Your entitlement to overtime is determined on a weekly basis, not daily. Unless you are subject to an exemption, if you are... Read more »

View More Answers

2 Answers | Asked in Employment Law for South Carolina on
Q: What can I do about not getting my pay check for work that I have completed?

I have worked but don't get paid

Carrie Dyer
Carrie Dyer answered on Jan 14, 2020

You should immediately consult an employment law attorney in South Carolina to discuss your situation. You may have a claim for unpaid wages under the federal law (Fair Labor Standards Act) and state law.

View More Answers

1 Answer | Asked in Employment Law and Health Care Law for Wisconsin on
Q: I was wrongful terminated on 6/27/19I've work in the same place 8yrs is it to late to look into doing something about it

Never had any issues or disciplinary actions. One week before I was told how amazing I am for creating job for the handicap then next week I get fired for creating a hostel work environment I'm still completely crushed

Carrie Dyer
Carrie Dyer answered on Jan 14, 2020

The statute of limitations to bring an action depends on the legal claim. You should first consult a Wisconsin employment attorney about your situation to determine whether you have a legal claim. If you do, your attorney can help you determine how much time you have left to bring a claim.

1 Answer | Asked in Employment Law for Montana on
Q: My employer mandated me at 50 hours per week. My check does not reflect my actual hours, it says a flat 40 a week, lega?

I am mandated at 50 hours per week. I often work over than, sometimes 90 a week depending on staff. My paycheck says I only work 40 hours per week, is this legal for them to do, if not what law states so?

Carrie Dyer
Carrie Dyer answered on Jan 14, 2020

The Fair Labor Standards Act requires that employers typically pay their employees no less than minimum wage for all hours worked, and time and one-half their regular rate of pay for all hours worked per week in excess of 40. Unless you are subject to an exemption, if you are paid on an hourly... Read more »

1 Answer | Asked in Employment Law for Massachusetts on
Q: I carry specialized equipment to my work site everyday to perform inventory. This is company owned equipment I transport

In my personal vehicle. Is the driving time considered on the clock time because without the equipment I carry, the job can not be done

Carrie Dyer
Carrie Dyer answered on Jan 8, 2020

It depends. If you drive from your home to your employer's office or warehouse to pick up the specialized equipment (without which you cannot perform your job duties), then drive to the work site from there, the Fair Labor Standards Act typically requires that you are paid for time spent loading... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: I feel like I had no other option but to resign. When now I am out of a job

H

Carrie Dyer
Carrie Dyer answered on Jan 8, 2020

Additional information is needed to asses whether you have a potential legal claim. If you felt compelled to resign due to unlawful treatment in the workplace (e.g., discrimination due to your membership in a protected class or a hostile work environment), an employment law attorney can help you... Read more »

1 Answer | Asked in Employment Law, Libel & Slander and Sexual Harassment for Tennessee on
Q: My boss is aware that a customer sexually harasses his staff & doesnt care. Can I post that on fb w/ his name w/out gett

ing sued?

Carrie Dyer
Carrie Dyer answered on Dec 31, 2019

You should consult with an attorney who practices employment law in Tennessee prior to posting anything about your boss or his business on Facebook, even if you don't explicitly identify him or the company by name. Defamation laws are state-specific. An employment attorney will be able to help... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Hey I was harassedat work also my store manager call someone to the store to confront me, in I awash the one Discipline

Tookin off work for two months also pick with when I return then fired in the end... what action should I take

Carrie Dyer
Carrie Dyer answered on Dec 31, 2019

More information is needed to evaluate whether you have a legal claim. If you were subject to harassment on the basis of your membership in a protected class (e.g,. race, gender, age (40+), religion, disability), you reported the harassment, and your employer terminated you after making the... Read more »

1 Answer | Asked in Employment Law for Indiana on
Q: I really don't know where to start I've been working at this job for over 5 years 1 raise in 5 years getting harassed

I just need some advice on what to do I don't know what to do I get set home for being harassed by my coworker and my boss sent me home for me get harassed I'm not doing anything wrong I'm disabled I'm only allowed to work part-time I can't keep putting up this with this harassment and they're... Read more »

Carrie Dyer
Carrie Dyer answered on Dec 27, 2019

If you feel you are being harassed because of your disability or your membership in another protected class (e.g., due to your gender, race, color, national origin, religion, or age (40+)), you should report the harassment in accordance with your employer's policies. If the harassment continues... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Can false write ups, pips and not giving opportunity and pay bonus used as evidence of discrimination and harassment

State of New York

I've been dealing with hostile work environment and discrimination from my supervisor, manager and human resources for almost year.

They have me on pip (one step away from a final warning) for not reaching my goal but doesn't give me enough time or practice. They... Read more »

Carrie Dyer
Carrie Dyer answered on Dec 27, 2019

In some situations, the issuance of discipline, including a performance improvement plan, can be used to support a claim of discrimination or a hostile work environment if the employer does not impose such discipline in a uniform manner, or if disciplinary action is taken in response to a complaint... 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.