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Questions Answered by Carrie Dyer
1 Answer | Asked in Contracts, Employment Law and Employment Discrimination for Illinois on
Q: I don't feel satisfied with my report. I dont feel like I'm receiving help at all. Help?

After making countless reports of harassment due to my ethnicity, witnessing them harass other coworkers. Submitting and complaining with no answers, follow ups, and/or replies. I don't feel like my issues are being followed up. I witness in the past of the middle-man, of my contract, not... Read more »

Carrie Dyer
Carrie Dyer answered on Jan 13, 2021

To whom did you make the initial complaints? If you have not done so already, you should put your complaints of harassments due to your ethnicity in writing to the Human Resources department. If you have already done so, you should request, in writing, a follow-up on the investigation into your... Read more »

1 Answer | Asked in Employment Law for Nevada on
Q: I work for amazon i started as a fulltime white badge and got converted to blue badge they changed my hire date

I started 11/2019 and got converted 06/2020 i was always a full time employee with no breaks. They changed my hire date to the day i was converted and will not change it back to the actual day i was hired. This has affected many things looking at a new apartment after my divorce when they asked for... Read more »

Carrie Dyer
Carrie Dyer answered on Jan 13, 2021

Were you employed with a staffing agency and placed at Amazon prior to June 2020? If so, then you were likely not an employee of Amazon until June 2020. The date you became an employee of Amazon (not the date you were placed to work in Amazon's facility) would be the relevant date for... Read more »

1 Answer | Asked in Employment Law for Wisconsin on
Q: Am I getting fired?

I live in Wisconsin. In May, I was verbally warned not to work outside of the hours that I was clocked in. In June, I was verbally warned and also sent an email warning to not work outside of the hours that I was clocked in when I got caught a second time doing it. On 12/22, my boss called me... Read more »

Carrie Dyer
Carrie Dyer answered on Jan 6, 2021

If an employer is aware that you are performing work that is unpaid, the employer would be liable for wage and hour law violations. The employer's remedy is to impose discipline, not to withhold payment. Thus, HR is likely trying to determine the amount of unpaid hours that you have worked... Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: I was fired from my job after missing 3 days due to me having covid and my condition am I able to start a case?

I was told I used 9 of my eto days when I in fact only used 7 days. Then my condition got worse and I wasn't able to contact anyone about not being able to work and eventually received an email stating I had been terminated for absence.

Carrie Dyer
Carrie Dyer answered on Jan 6, 2021

More information is needed to analyze your situation. If these events occurred prior to December 31, 2020, your employer may have violated the Families First Coronavirus Response Act by failing to provide you with 2 weeks of paid sick leave and by retaliating against you for exercising your right... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: I got terminated for an "unplanned" absence even though i email my agent that i was sick and couldnt go to work.

He informed me that it was okay and to get better. According to them an "unplanned" absence is an absent that wasnt excused. With that 7 hour time gap i never got contacted again via email nor a phone call stating otherwise. I dont know if that's just life being unfair. I have... Read more »

Carrie Dyer
Carrie Dyer answered on Dec 30, 2020

There is likely nothing you can do if your employer applied its attendance policy uniformly. However, you should contact an employment attorney in your area to discuss the circumstances surrounding your complaint of discrimination, including when the complaint was made, to whom, the content, and... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Employer let me go after telling me to quarantine and test. Results were negative and let go day 13 of 14 quarantine.

I was informed I had been exposed to the virus. When I told employer they said go home and quarantine immediately for two weeks and get tested. After receiving negative results I contacted immediate supervisor via text. After no response I contacted the owners wife via text stating when I would be... Read more »

Carrie Dyer
Carrie Dyer answered on Dec 30, 2020

It sounds like your employer may have violated the Emergency Paid Sick Leave Act of the Families First Coronavirus Response Act. Subject to some exceptions, employers with less than 500 employees are required to make 80 hours of paid sick leave available for full-time employees, and the equivalent... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: Can an employer pay 50% below what was agreed over emails for a three weeks trial as private chef ?

I was hired in Austin, Texas for a two weeks trial/internship for a private chef position. I sent the cost per hour of my services via email. At the end of the second week I was requested to stay for a third week which I did. I then was asked to submit a report with the hours worked for those... Read more »

Carrie Dyer
Carrie Dyer answered on Dec 22, 2020

Additional information is needed to determine if you have a wage and hour law violation. It sounds like you may have a contractual or quasi-contractual claim as well. You should reach out to an attorney in your area to discuss the details of your situation and your potential claims.

1 Answer | Asked in Employment Law for Minnesota on
Q: Employer won’t allow return to work with temporary restrictions following medical leave. What are our rights?

Husband on 2week temp med leave to return on 12/28 with restricted hours (8 hour shifts) and breaks every 4 hours, no ladder climbing for a period of 3 weeks. Employer won’t allow return with restrictions. What are our rights? Live in MN. Large privately owned company.

Carrie Dyer
Carrie Dyer answered on Dec 22, 2020

Additional information is needed to answer your question. If your husband's medical condition qualifies as a "disability" under the Americans with Disabilities Act, then your husband can request an accommodation of a 2-week medical leave, followed by 3 weeks of medical restrictions.... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for South Carolina on
Q: I was asked to work Sat and Sun my days off! I didn’t sign anything nor a verbal I would come in! On Monday I was fired

I am a contractor working for Lockheed Martin! I also feel my supervisor been trying to form a case on me for months! In person she said I was fired for not coming in but on the report she states it was due to my attitude! She’s white and I’m black

Carrie Dyer
Carrie Dyer answered on Dec 16, 2020

Unless you have an employment contract stating otherwise, your employer can ask you to work on Saturday and Sunday (or any day). If you refuse, your employer can terminate your employment.

2 Answers | Asked in Civil Litigation for New Jersey on
Q: Does mutual release settlement agreement terms and verbage only pertain to case you agree to settle or all cases
Carrie Dyer
Carrie Dyer answered on Dec 16, 2020

From an employment law perspective, a mutual release in a settlement agreement typically releases all claims (except those that cannot be released by law) - not just the particular claim at issue. However, a settlement agreement can certainly be drafted to release only the particular claim at... Read more »

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1 Answer | Asked in Employment Law for Indiana on
Q: Is my employer allowed to make me sign a paper allowing them to temporarily accept my doctors restrictions?

They want to talk to their lawyer and make a restrictions and fmla policy. They accepted the restrictions my doctor gave them with no issue and then two weeks later told me that they could only accept them for a month. The restrictions are for an ongoing foot issue that happened at work at this... Read more »

Carrie Dyer
Carrie Dyer answered on Dec 9, 2020

More information is needed to analyze your situation. Your employer can require you to sign an acknowledgment that the employer will accommodate your doctor's restrictions for a month. However, what is the justification for only accommodating these restrictions for a month? Do the proposed... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: I am currently under a doctor ordered quarantine until the 11th my employers trying to force me to return today or fired

Can i be fired or pointed for obeying a doctor ordered quarantine .. I have only been in quarantine 7 days so far and my employer gave me the ultimatum of show up or be pointed and fired

Carrie Dyer
Carrie Dyer answered on Dec 9, 2020

By requiring that you return to work in violation of a doctor's instruction to quarantine, your employer may be violating the sick leave provisions of the Families First Coronavirus Response Act. You would first need to determine if you are eligible for protection under these provisions. As... Read more »

1 Answer | Asked in Employment Law for Wisconsin on
Q: Are there ways to avoid paying a sign-on bonus back?

I received a sign-on bonus that is contingent on me working a full year. The job is being a technical analyst. This is a consulting gig for software. Instead, the company has me working as a call center rep for unemployment. I feel as if I was lied to about what I would be working on and accepted... Read more »

Carrie Dyer
Carrie Dyer answered on Dec 2, 2020

Probably not, but you should have your employment agreement / bonus agreement reviewed by an attorney in your area who practices employment law to be sure. There may be other terms in your agreement that are relevant to this determination.

1 Answer | Asked in Employment Law for Illinois on
Q: I was sent an offer letter but it was rescinded after my background check? Does this fall under Title VII?

I have a felony on my background from 1996 and I feel that my old case shouldn’t have precedence in my life anymore. One conviction, never been in trouble again, two Master Degrees since my release, been managers for large organizations and still have to deal with this issue. I’m in a... Read more »

Carrie Dyer
Carrie Dyer answered on Dec 2, 2020

If the employer rescinded your offer of employment due to the felony conviction, and not becuase of your status in a protected class, then your employer did not act unlawfully.

1 Answer | Asked in Employment Law for Texas on
Q: I lost my job d/t retaliation for ℅ inequity of pay for the managers that reported to me.

My VP hired a male whom he previously worked with. I complained to him via several emails that the salary and benefits given this new employee was way above the current female managers who had more qualifications and tenure and experience. I was subsequently terminated and told by the senior VP... Read more »

Carrie Dyer
Carrie Dyer answered on Nov 25, 2020

Making a complaint of unequal treatment as to wages on the basis of gender is a protected activity under Title VII. If you were terminated becuase of your participation in a protected activity, then you would have a claim of unlawful retaliation. You should contact an employment attorney in your... Read more »

3 Answers | Asked in Employment Law and Personal Injury for Texas on
Q: Is being terminated under a doctor's care legal

My wife is a health care provider and was grocery shopping for her client at HEB and had a slip and fall accident. She contacted her employer and went to there workmans compt doctor . We also hired a law firm for the accident and they told her stop seeing the work man's comp doctor and have... Read more »

Carrie Dyer
Carrie Dyer answered on Nov 25, 2020

More information is needed to answer your question. An employer is not required to hold your wife's position open for her for an indefinite period of time if she is unable to return to work. Being under doctor's care does not provide blanket protection from termination. Whether your... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: Can a company fire you for attendance if it's due to psychiatric illness?

Basically, if an employee has discussed with their supervisor that the reason behind being late was due to a psychiatric illness (for example Bipolar Disorder) and the discussion of taking a leave of absence, FMLA, and accommodation took place, but before being able to utilize any of these benefits... Read more »

Carrie Dyer
Carrie Dyer answered on Nov 18, 2020

Additoinal information is necessary to determine if your termiantion was unlawful. It sounds like your employer may have violated the Family Medical Leave Act and/or the Americans with Disabilities Act. You should reach out to an employment attorney in your area to discuss your options.

1 Answer | Asked in Employment Law for Missouri on
Q: My work made me quarantine after being exposed to covid then fired me.

After my test results came back negative he said I still had to wait the remainder of the 2 weeks then today he fired me stating that it caused his numbers to bottom out. I was supposed to return in 2 days. I work and live in Missouri. Is this legal?

Carrie Dyer
Carrie Dyer answered on Nov 18, 2020

Your employer may have violation the Family First Coronavirus Response Act. You should contact an employment attorney in your area to determine whether your employer was subject to the Act and to disucss your options.

1 Answer | Asked in Employment Law for North Carolina on
Q: Is this discrimination?

Hello.

I applied for a job, went for the interview, and got hired. At the interview, I paid $25 for a drug test & background check (which I passed). I came in the next week for job training. It was a 7 hour training & I have ADHD so I was fidgeting and moving around. I passed all... Read more »

Carrie Dyer
Carrie Dyer answered on Nov 11, 2020

It does not sound like your employer knew about your ADHD until after they informed you that you would no longer be hired for the position. An employer cannot discriminate against you on the basis of a disability they are not aware of at the time the adverse decision is made. Based on the... Read more »

1 Answer | Asked in Employment Law on
Q: Employee rights

Working without a contract and haven't recieved a salary increases since before my 3 probation months. What are my rights

Carrie Dyer
Carrie Dyer answered on Nov 11, 2020

Provided you are properly classified as a salary exempt employee, and you are paid at least $684 per week, your employer is not required to give you an employment contract or provide you with salary increases.

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