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Questions Answered by Carrie Dyer
1 Answer | Asked in Employment Law for Michigan on
Q: I want to quit my job. My mental health is so bad and the job is so toxic.

I'm wondering what my rights are as a part-time cashier, and I'm wondering how FMLA works. I'm also wondering if I can get disability due to depression and what I would have to do if I can.

Carrie Dyer
Carrie Dyer answered on Aug 5, 2020

Additional information about your situation is necessary to analyze whether you would have a legal claim, whether you are entitled to take FMLA leave, or whether you would be entitled to disability benefits. If you have worked for your employer for at least 12 months, during which time you have... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: Company I work for made it manditory to work 6 days a week or u get fired
Carrie Dyer
Carrie Dyer answered on Aug 5, 2020

Unless you have an employment contract stating otherwise, your employer can mandate 6-day workweeks for its employees.

2 Answers | Asked in Employment Law for Minnesota on
Q: Mandated masks at work and anxiety issues put me on Unpaid leave. What are my rights? (I am not anti mask)

Tried it the 1st day, had 5-6 panic attacks, and was harassed imo by my bosses all day long, complaint was filed. Was informed to take unpaid leave of absence. Saw doctor, meds too weak to work and stronger ones you cant work on, next would be psychologist but since I don't have insurance or... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 29, 2020

Your employer can request medical information to support your request for an accommodation under the Americans with Disabilities Act. You should talk to your doctor and your employer to inquire about other possible accommodations for your anxiety that would allow you to continue to work. Does... Read more »

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1 Answer | Asked in Employment Law for Virginia on
Q: Can I request that a written disciplinary action be removed from my personnel file after a certain period of time?

I was written up in 2018 at a regional jail I worked at for what I believe was unjustified reasons. I have nothing else on my record. I am currently in the hiring process for other law enforcement agencies and I believe this is hindering my background process. I have heard that they are allowed to... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 29, 2020

Additional information is needed to answer your question. Are you a member of a union? Your union contract may dictate if and when a disciplinary write-up "falls off" or can be removed from your file. You should review your union contact or a handbook for this information. There is no... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: question about my wife's job and coronavirus.

My wife is a nanny for a couple here in Jacksonville. Earlier this year, my wife had to take off two weeks to care for our daughter who had become sick. Our daughter was suspected of having the coronavirus. The test came back negative, and the couple paid my wife for those two weeks. Two Saturdays... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 22, 2020

Yes, your wife's employer can request that she wait until she receives a negative COVID-19 test to return to work. Your wife should apply for unemployment for the time she has not been working.

1 Answer | Asked in Employment Law for New Jersey on
Q: If there’s constantly wages missing from check, when can I put in a complaint and how long must it take for a response
Carrie Dyer
Carrie Dyer answered on Jul 22, 2020

If you have not been paid for hours you have worked, you should immediately report this to your employer in writing. If the issue is not addressed, you should reach out to an employment attorney in your area to discuss your options, as you may have a claim for unpaid wages under the Fair Labor... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Georgia on
Q: Is it against the law for your employer to make you wear a mask? They cause nothing but nosebleeds.
Carrie Dyer
Carrie Dyer answered on Jul 15, 2020

No, it is not against the law for your employer to require masks. If you have a medical issue that is causing you to get nosebleeds or you have some other medical reason that makes wearing a mask difficult for you, you should work with you doctor to submit an accommodation request to your... Read more »

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1 Answer | Asked in Employment Law and Insurance Bad Faith for Maryland on
Q: My employer terminated my insurance, but continued to take deductions for it, and represented to me that I was covered.

My benefits and payroll are administered by a 3rd party (Gusto). Their ‘employee dashboard’, or portal, or whatever verbiage they use for their online thing, shows me as covered. However, when I attempted to add my wife to my coverage, I learned that I was no longer insured.

My... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 15, 2020

Have you raised the issue with your employer or with Gusto to see if the discontinuation of your health insurance was an error? If you cannot get the issue corrected, you may have a claim under the Employee Retirement Income Security Act (ERISA) and should contact an attorney in your area to... Read more »

1 Answer | Asked in Employment Law for Oklahoma on
Q: Can an employer keep you from getting your personal belongings from the office if you quit?

The company is just a small LLC with only a few employee. I was working for a friend who started a business... I worked basically full time for a year and was not compensated for my work and he kept asking me to work more, so I decided to step down... well, it was a fitness business and we built a... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 8, 2020

You should contact an employment lawyer in your area to assist you with: 1) getting compensation owed to you for hours you worked over the previous year, and 2) getting possession of your personal belongings. If you performed work and were not paid for that work, you have a claim under the Fair... Read more »

1 Answer | Asked in Employment Law for Kentucky on
Q: after 14 years with this company I put in for a personal leave of absence and was given it.Had to be at least two weeks

Now ten months later I put in same request before start of shift company website missed shift got home e-mail said Personal Leave of Absence is denied. Im 63 -14 years on the job now fired for missing work can they do this amzn

Carrie Dyer
Carrie Dyer answered on Jul 8, 2020

More information is needed to analyze your situation. What was the reason for your request for the Personal Leave of Absence? Was the request related to a medical issue? If so, did you provide your employer with enough information to know that your request may have been covered by the Family... Read more »

1 Answer | Asked in Employment Law for Washington on
Q: I believe I've been the victim of workplace discrimination and wrongful termination of employment

I am transgender, and stated that I am transitioning and would like to use my preferred name. They said they couldn't because their system would mess up when clocking in, despite using a numerical entry clock in. Furthermore, I was terminated the next day on the basis of I stated that I hoped... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 1, 2020

It sounds like you may have a claim for discrimination on the basis of sex in violation of Title VII. Additionally, if your employer was aware of your arthritis and your request for an accommodation, and failed to offer you a reasonable accommodation for your condition, you may have a claim under... Read more »

1 Answer | Asked in Criminal Law and Employment Law for Pennsylvania on
Q: Is it legal for an employer to fire you right after an accident without first filing a police report,

Backed into at work and was physically pinched between the back of a truck and a cement dock and employer refused to call police, wanted employee to fill out an incident report before medical treatment was even mentioned which the employee refused to sign, and then called the employee after hours... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 1, 2020

More details are needed to analyze your situation. Were you injured in the accident? Did you and your employer discuss filing a workers' compensation claim before you were terminated? It is unlawful for your employer to terminate your employment because you pursued a workers'... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Indiana on
Q: My employer is threatening to withhold my entire final paycheck and charge me for theft for my work shirts and keycard

Is this legal? I've told them in writing once I recieve my final check (if the cost of the shirts and keycard is deducted okay) that i would return the shirts and keycard and shes threatening to charge me with theft over it . They also told me the reason I was not being trained on the floor... Read more »

Carrie Dyer
Carrie Dyer answered on Jun 24, 2020

You should return the shirt and key card immediately. You should then contact an employment attorney to discuss the details of your employment situation and the circumstances under which your employment ended. More information about your situation is needed, but you may have a claim for gender... Read more »

1 Answer | Asked in Employment Law for Indiana on
Q: the company I work for is forcing me to stay 30 mins after on half days to take an unpaid lunch. Is this legal?

I am hourly indiana. Would usually clock out at 11 because I don't need a lunch at 11 but they are forcing me to stay until 1130 even though I do not get paid for lunch because they don't want to have to manually change times.

Carrie Dyer
Carrie Dyer answered on Jun 24, 2020

Your employer can mandate that employees take an unpaid lunch break, even on days that you do not work a full shift. However, if you are continuing to perform work during the 11-11:30 time frame, you are entitled to be compensated for this time.

1 Answer | Asked in Employment Law for Massachusetts on
Q: my employer has failed to pay me for hours I worked 6 weeks ago, what are my options?
Carrie Dyer
Carrie Dyer answered on Jun 17, 2020

Generally, you must be paid at a rate of no less than minimum wage for all hours worked. Failure to pay you for work you performed 6 weeks ago is a violation of the Fair Labor Standards Act. You should contact an employment lawyer in your area to discuss your situation and inquire about violations... Read more »

2 Answers | Asked in Employment Law for Minnesota on
Q: I have to pick up truck at shop..stay on their direction all day..no personal diviation.portal act..they pay all day?

Hourly in MN..painter

Carrie Dyer
Carrie Dyer answered on Jun 17, 2020

If you are asking whether you need to be paid for the time spent driving from the company's shop with the work truck to the job site, and between job sites throughout the day, your employer should be compensating you for that drive time. You should contact an employment lawyer in your area to... Read more »

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1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Q: For the past two months or so I’ve not been payed my proper commission from Pepsi Mid America. I don’t know what to do.

They have told me they needed time to get to the bottom of this issue, but as I stated before it’s been roughly two months. I have a wedding soon and frankly I don’t have two months to be missing close to 500 on every paycheck. My base pay is 550 before taxes a week and my area sales manager... Read more »

Carrie Dyer
Carrie Dyer answered on Jun 11, 2020

More information is necessary to analyze your situation. Do you have an employment agreement that includes your base pay and commission structure? You should contact an employment attorney in your area to discuss this issue. An attorney can assist with communicating with your employer to ensure... Read more »

Q: An interviewer of a fortune 500 company told me i couldnt do the job because of my disability
Carrie Dyer
Carrie Dyer answered on Jun 10, 2020

Your question does not provide enough detail to analyze whether this would violate the law. If you are an otherwise qualified individual who was not offered the position because of your disability, then you may have a claim under the Americans with Disabilities Act. However, you would not be... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Can I sue my employer for violating my employee rights and retaliation for my compliant?

I work with an NYC agency. I had applied for a senior position a while back and the rules/ regulations mandated my employer to prefer internal candidates. However, senior staff decided to hire an external candidate, without even considering my case (protected class?). This seriously impacted my... Read more »

Carrie Dyer
Carrie Dyer answered on Jun 3, 2020

A violation of your employer's workplace rules/policies regarding internal vs. external hiring - ALONE - does not violate the law. However, if your employer is choosing not to hire you because of your membership in a protected class (i.e., your age, race, ethnicity, gender, etc.), that... Read more »

1 Answer | Asked in Employment Law for Tennessee on
Q: Fired During COVID?

I’m in TN, things are opening here but unfortunately for me, daycares are not. For the time being, we are working from home and I also have a 2 and 4 y/o here w/ me so it makes it hard for me to work, it’s actually brung my performance measures down because I have to deal w/ them so much. I... Read more »

Carrie Dyer
Carrie Dyer answered on Jun 3, 2020

You may be entitled to protection under the Emergency Family and Medical Leave Expansion Act. Under this provision - with some exceptions - employers with less than 500 employees are required to provide job-protected leave for employees who are unable to work or unable to do their work from home... Read more »

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