In an at-will state like New York, you can be terminated for any reason or no reason. Announcing your pregnancy does not prohibit your employer for terminating your employment due to performance. However, if you are terminated and believe that your pregnancy played a factor in the decision to...View More
Manager that hired me guaranteed accommodation, told me he would take care of everything and not to worry about it. Manager stepped down. New manager was aware of the situation and accommodation and upheld it for weeks and then one day retracted it because “we were busy”, costing me $150 in... View More
You should follow the company's procedure for submitting a formal request for an accommodation to the company's HR department. The employer is required to review your request and engage in an interactive process with you to determine if there is an accommodation that will allow you to...View More
I work for an ABA company. They are refusing to pay travel time for time between work locations. Also, if there is time between scheduled appointments, they are refusing to pay it. Techs are also required to stay and clean after sessions unpaid. Is this legal?
It sounds like ABA company's refusal to pay for travel time violates the law. Generally, travel as part of a principal activity, such as travel from job site to job site during the workday, must be counted as hours worked and must be paid. However, more information is necessary to analyze...View More
My employer promised me a raise, gave it in writing, even paid it for the first week it was active. Now my second week, he is suddenly confused about the raise and trying to essentially take it back. What legal action can I take?
If you are an at-will employee, your employer can changes the terms of your pay for any reason at any time. Unless you have an employment contract guaranteeing you a certain pay rate, there no legal action you can take.
My boss is telling me that all tips go to the tip jar even if the customer personally gives the money to me and telling me to keep it but my boss won't let me keep my tips even tho all the tips that are in the tip jar goes back to him not the employees
Tip pooling is permitted; however, it sounds like what your boss is doing is taking the tips from the tip pool and keeping them for himself. This is unlawful. You should contact an employment attorney in your area to discuss.
More information is needed to answer your questions. It sounds like your employer took disciplinary action against the coworker who sexually assaulted you after you reported the incident. Has the coworker returned to work? Is he or she still working with or near you? You should contact an...View More
The answer to your question depends on the language in your agreement or employment contract. If you were required to provide a 2-month notice of your resignation, and you did not do so, you would be in breach of your agreement. Your company is not required to pay you your salary for days you...View More
More information is needed to answer your question. The type of complaint you made about another manager is relevant. If you made a "protected complaint," and were terminated because of your complaint, then you may have a claim for retaliation. You should contact an employment attorney...View More
It now has been approximately 2 months since I was told to wait until the background check is complete. I have reached out to the hiring company several times for an update. I know I have a clean background including no drugs, but they have not been cooperative as to my start date. Hopefully, you... View More
A job offer letter is typically not the same as an employment contract that may guarantee you a certain start date. Unless you have an employment contract that provides for a set start date by which you will begin work and begin receiving compensation, there is nothing you can do but wait until...View More
I'm a cancer patient. I sent an email to my HR rep asking if she had calculated my PTO. Her reply was you have 28.69 days. I was told I could use them in connection with flma which was required. 4 days later I'm told that I don't have any and the coming Friday will be the last... View More
It sounds like there is some confusion within the HR department if you are getting conflicting information. Do you have a copy of the company handbook that explains the accrual of PTO? Are there other income options for you to consider while you're out on FMLA leave, such as short-term...View More
I will sign it and do not need to know who filled it out. I can submit documentation or breakdown the charge for filing. This is an employment issue in regards to working for The State of Alabama (twenty-three years) age/gender discrimination for wrongful termination. Based on pretext, the state... View More
It's unclear what you are asking. If you have a right-to-sue letter from the EEOC, you need to ensure you file a lawsuit within 90 days of your receipt of the letter if you are intending to do so. You should contact an employment law attorney in your area as soon as possible to discuss your...View More
My hospital contracted our physician group to a physician provider company. As a result, I was entered into a contract with this company but soon after hospital decided not to move forward with the company. Administration informed they are in the process of transitioning the contracts back to the... View More
Not enough information is provided to answer your question. You should contact an employment attorney in your area to review your original contract with the hospital, as well as the new contract you signed with the physician provider company. The language of the contracts will dictate what your...View More
You should consult with an employment attorney in your area to discuss your situation. The FMLA prohibits your employer from interfering with your rights under the FMLA (such as job restoration after a qualifying leave) or from retaliating against you after you return from FMLA leave. The...View More
More information is needed to answer your question. Is your coworker singling you out and giving you the silent treatment due to your status in a protected class (race, religion, age, etc)? If not, and the reason for giving you the silent treatment is merely a personality conflict, your employer is...View More
Can employer terminate now that I have almost worked 60 days since resignation without having to pay my wages for 60 days since they are severing contract before my last day of work provided in resignation?
I'm not sure what your question is. If you think you broke your hand, you should seek medical treatment. If your medical provider recommends that you take time off of work or gives you restrictions, you should inform your employer. If you need to miss work, and you are otherwise eligible, you...View More
The illness that required it was my mothers and it was sudden i gave as much notice as i could. I have been told by my supervisor i can do overtime in my main area but am forbidden from doing it elsewhere indefinitely because of my use of leave
It sounds like your employer may be violating the Family Medical Leave Act. An employer cannot use your FMLA leave as a negative factor in making an employment decision that impacts your ability to earn income. More information is needed to analyze your situation. You should contact an employment...View More
I am a director and I have provided a legitimate reason for needing their addresses. Our HR department told me that due to privacy laws they have to maintain confidentiality and cannot release that information. I have to ask each employee separately for their address. My question is really based on... View 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.