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Questions Answered by Carrie Dyer
1 Answer | Asked in Employment Law for Indiana on
Q: Is asking to only being required to work 8 hours a day 5 days a week and 40 hours a week undue hardhip on my employer

Is requesting accomodation to only be required to work no more than 5days a week 8 hours a day and 40 hours a week due to my mental health issue a undue hardship on my employer

Carrie Dyer
Carrie Dyer answered on Sep 15, 2021

Whether your request is an undue burden depends on many things, including the size of your employer, your position and your job duties, and the need (if any) for you to work in excess of 40 hours per week. A request for an accommodation triggers the employer's duty to engage in an interactive... Read more »

1 Answer | Asked in Employment Law for Maine on
Q: My boss threatened to punch me what do I do
Carrie Dyer
Carrie Dyer answered on Sep 15, 2021

Provide a written complaint to your company's HR department regarding the incident so they can investigate.

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: The company I work for won’t give me time off for a religious observance, going against their own policy, can I sue?

I work for the Kaiser corporation and recently filed for a personal leave with no pay for a week in October. The policy says it can be accommodated unless it leaves undue hardship on the employer. I’m in the middle of a list of 9 oncalls at my job, I know there will be someone to cover, but... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 25, 2021

It sounds like you may have a claim for failure to accommodate on the basis of your religion. You should contact an employment law attorney in your area to discuss your situation in more detail.

1 Answer | Asked in Employment Law and Elder Law for Pennsylvania on
Q: My job is a caregiver

I recently switched company's and my client I had with my old company changed to the current company I'm with now before I started there the client in question wants me to still be their caregiver and I would too but we both signed a paper in short that can't happen until a year has... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 25, 2021

It sounds like you have a non-compete and/or non-solicitation agreement with your former employer. If the agreement is enforceable, and you violate the terms, your former employer can sue you and your new employer. You should have your contract containing the non-compete/non-solicitation... Read more »

1 Answer | Asked in Employment Law for New Jersey on
Q: In state of NJ are you able to leave a job before your contracted term (2 years on the contract)?

I worked one year of the 2 year contract as a physician in NJ private practice group. I would like to leave. Company is saying they are gonna hold me to my 2 year contract. can they do that? can I tell them that its illegal?

Carrie Dyer
Carrie Dyer answered on Aug 11, 2021

Whether the company can enforce the contract and sue you for a breach if you leave before 2 years is dependent on the language in your contract. You should contact an employment law attorney in your area to review the contact terms and discuss your options.

2 Answers | Asked in Bankruptcy, Employment Law, Workers' Compensation and Employment Discrimination for New York on
Q: Suspended without pay for extended amount of time

I have been suspended from my workplace for almost a month due to a security breach. My account was used to make administrative changes to our users via a vpn connection. Upon looking further into my home network I realized an unknown user has accessed my incoming connection Keylogged my system,... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 11, 2021

Your employer is not violating the law by keeping you on a leave of absence while the police investigate the security breach. Unfortunately, there is not much you can do in this situation besides wait.

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1 Answer | Asked in Employment Law for Minnesota on
Q: Company asking for repayment of 15000 dollars and they do not have repayment agreements to refer:

I left a company in a period of 1 year 5 months, due to too much toxic culture and suppression by my manager and his boss and due to long time required to find a job. After leaving I am reached by the company to pay back $15000, 33% of the original sign on bonus, because according to them it is... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 4, 2021

In order to enforce a repayment obligation provision in a contract, the company must first prove that a contract exists. If you are saying you did not sign a contract, and they cannot provide a signed copy, the company will have a difficult time proving that.

1 Answer | Asked in Employment Law for Indiana on
Q: My mom was fired today from her new job because of the CEOs personal prejudice against her fiancé. Should we fight it?

My mom got a new job and was fired today because she received flowers from her fiancé and his name was on them. He is a well known director for a local union and when the ceo saw them she fired her after she came back from lunch. She asked if she did anything wrong and the answer was no and that... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 4, 2021

Indiana is an at-will state. This means that an employer may generally terminate an employee at any time and for any reason or no reason. There are very limited exceptions to this general rule. The situation you are describing is certainly unfair, but it does not violate the law or give your mom a... Read more »

1 Answer | Asked in Employment Law, Employment Discrimination and Sexual Harassment for Iowa on
Q: can someone get fired for an affair?

with a coworker both subjects are married union job that is salary

Carrie Dyer
Carrie Dyer answered on Jul 28, 2021

Generally, yes - there is nothing unlawful about firing an employee for having an affair with a coworker.

1 Answer | Asked in Employment Discrimination and Employment Law for Wisconsin on
Q: Rights as Limited Term Employee for wrongful termination

I have type 2diabetes.. my blood sugar spiked and caused me to “lose consciousness” for a bit. I tested my glucose level and it was 245 which is high, as my level is 134 or lower. Was terminated for “sleeping on the job “. I wasn’t offered medical attention, even though I worked in the... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 28, 2021

This largely depends on whether your employer knew about your medical condition, that you weren't actually sleeping on the job, or that you needed medical attention. More information about your situation is necessary to determine whether you have a claim under the Americans with Disabilities... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: I was terminated, while 7 months pregnant, without cause. What are my options?

I am an apartment manager. I have never received any written or verbal corrective action. I have never given cause to be fired. The owners came by today and told me they were moving in a different direction with a new manager. I have been with this property for 2 years and the new company took over... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 20, 2021

Additional information is necessary to analyze your situation. However, it sounds like you may have a claim for pregnancy discrimination under the Pregnancy Discrimination Act, a federal statute that prohibits sex discrimination on the basis of pregnancy. You should contact an attorney in your... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Is my work place required to present a proper rest area/ break room for employees? (Illinois)

I work for FedEx as a housekeeper through a company called GDI. There are currently no designated areas for employees to have breaks on the premises. There are two conference rooms we are allowed to take breaks if they are not in use in but there is no guarantee we will be able to take a break away... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 20, 2021

There is no legal requirement that an employer give you a designated break room or rest area.

1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: Can I be fired for having an odor due to hoarding caused by a mental health issue?

My supervisors have had complaints and have spoken to me about this. I thought is was a body odor issue and changed all my personal hygiene items even laundry products, but then realized this after talking to a professional counselor. My company sent me home 2 days ago and have yet to let me know... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 13, 2021

Generally speaking, while it might be unfair or unethical, it is not unlawful to terminate an employee due to complaints of body odor. More information is necessary to fully understand your situation. It does not sound like your employer is aware that a medical condition is causing the issue. You... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: Is my wife's company breaking the law by not properly compensating her for the job they are requiring her to do?

My wife's job is requiring her to do a job she is not paid to.

They are requiring her to complete lead teacher responsibilities and will not give her the pay raise that goes along with it. they say she does not have the qualifications. She filled in for the former lead teach when she... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 13, 2021

In Ohio, an employer can generally change an employee's job duties and responsibilities at any time for any reason, without any adjustment to compensation. If your wife's employer's practice is violating a term of a Collective Bargaining Agreement, she could contact her union for... Read more »

1 Answer | Asked in Employment Law for Indiana on
Q: My son voluntarily is in rehab. His job empl. Under 50 ppl. He’s been at job 10 mo. What job protect act wld he fall un

Work for hefler for 5 yrs. PO and G ( pfiefer oil and gas ) bought out Hefler. Been with them 10 months. Doing same job total 6 yrs. PO and G denied fmla. Are there any Laws to protect his job since hes only been with PO and G 10 mo?

PO and G called Rehab Center and told them he would lose... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 7, 2021

In some situations, an unpaid medical leave of absence can be a reasonable accommodation under the Americans with Disabilities Act. You should contact an employment law attorney in your area to discuss your son's options in more detail.

2 Answers | Asked in Employment Law for Ohio on
Q: In Ohio, am I required to probvide a doctor’s note if I refuse to do a job that I was not hired to do?

I was hired for customer support/call center. For 3 weeks, my manager has had customer support doing warehouse jobs- picking & shipping.

Carrie Dyer
Carrie Dyer answered on Jul 7, 2021

Generally, your employer can change your job description and job duties at any time for any reason, regardless of whether you were hired to do a particular job. However, if there is a medical reason that you cannot complete the job duties of the warehouse position, then you can request an... Read more »

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1 Answer | Asked in Employment Law for Washington on
Q: I was fired for refusing to work off the clock. I have proof of my employer asking me to work off the clock in a text.

When I said I would not do the work off the clock but would on the clock he didn’t reply to my text. I came in to my workplace the next day and he fired me.

Carrie Dyer
Carrie Dyer answered on Jun 30, 2021

You should contact an employment law attorney in your area to discuss the details of your situation. It sounds like you may have a claim for retaliation under the Fair Labor Standards Act and/or state law.

1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Georgia on
Q: I was on medical leave from some time in May to sometime in June for heart problems that have developed recently.

I was on medical leave from some time in May to sometime in June for heart problems that have developed recently. I got an email today stating that my job was taking action to bring my termination request up at the next board meeting due to not returning to my job within the school system. I have... Read more »

Carrie Dyer
Carrie Dyer answered on Jun 30, 2021

You should follow your employer's instruction to call them if they have requested you do so. You should explain that your medical absence has been approved by the Director and provide your estimated return to work date. Additional information is needed to analyze whether you would have a... Read more »

1 Answer | Asked in Employment Law for Minnesota on
Q: How much freedom does an employer have to change shift start time?

I am a manager and for the last 2.5 years I have been coming into work at 8:30. They are now asking that all managers come in at 6:45 for a morning meeting. I am not willing to accommodate this schedule. I have purposefully stated only that this is for "personal reasons". They are not... Read more »

Carrie Dyer
Carrie Dyer answered on Jun 23, 2021

Your employer is generally free to change your hours or shift start time at any time for any reason. In general, there is no recourse for you if your employer disciplines and/or terminates you for failing to attend a mandatory pre-shift meeting. If the reason for your unwillingness to attend the... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Washington on
Q: I’ve requested a raise from my employee but have not heard back, even though they said all raises would start June 1.

I requested a raise from my employer 2 months ago as part of my annual performance review, after 4 years of working for them and receiving no merit increases for the past 3 years. In a company-wide email in April, HR said all performance reviews and merit increases would take effect by June 1,... Read more »

Carrie Dyer
Carrie Dyer answered on Jun 23, 2021

Based on what you've described, there is no legal violation. Your employer is not legally obligated to give you a performance review or merit increase. If they chose to do so, they can implement the raise at any time of their choosing.

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