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Questions Answered by Carrie Dyer
1 Answer | Asked in Employment Law for New Jersey on
Q: I'm doing a job outside my job description for weeks now but no one explain to me why my responsibility has change

The person who is responsible for the job is available but I'm still instructed to do it

Carrie Dyer
Carrie Dyer answered on Apr 7, 2021

A job description is not a contract. An employer generally has the ability to add or remove job duties at any time for any reason. Unless you have a contract explicitly outlining the duties you will be responsible for performing, there is no legal recourse available to you.

1 Answer | Asked in Employment Law for Alaska on
Q: Can an employee say willful disregard for employers imterest after employee worked over 48 hrs every week for 6 years .

I worked 80hrs week b4 1st suspension, and I worked 14 1/2 hrs when they suspended pending term. Both times I showed up I was just late due to oversleeping. Was exhausted.this happened after I told my regional I needed to speak with him it was an emergency that the job I transferred to wasn’t... Read more »

Carrie Dyer
Carrie Dyer answered on Apr 7, 2021

As long as you are being properly compensated for the hours you are working, there is generally no limit on the hours an employer can ask you to work. If you are late to work for oversleeping, your employer can discipline you. If you have unpaid wages, as you mentioned, you should contact an... Read more »

1 Answer | Asked in Employment Law for New Hampshire on
Q: I was offered shares of a company as part of my hiring package. Employment has been terminated, are my rights forfeited?

They said at the separation that my RSUs would be forfeited, but this was not part of the agreement and the hiring package offered. There was zero mention or documentation of forfeiture and now they are trying to get me to sign this paperwork.

Carrie Dyer
Carrie Dyer answered on Mar 31, 2021

RSUs must vest before you can receive the underlying shares. Vesting schedules are often set to occur over time, so you would need to be employed at the company for a certain period of time before all or some of the RSUs vest. Termination of your employment usually stops the vesting, but this is... Read more »

1 Answer | Asked in Contracts, Employment Law and Employment Discrimination for Illinois on
Q: Can my job fire me for not telling them I have a mental illness?

They made us sign a paper saying that I must disclose all medical conditions including mental illness and if I withhold any information and they find out I could get fired. So if I were to show up to work and told someone I had depression they said that they could fire me for that. But is this even... Read more »

Carrie Dyer
Carrie Dyer answered on Mar 31, 2021

More information is needed to explore your situation, but this certainly sounds like it could be an unlawful practice. You should consult an employment law attorney in your area to discuss.

1 Answer | Asked in Employment Law, Small Claims and Workers' Compensation for Texas on
Q: sue for not pay work comp from walmart

Walmart claim denied for my injury from work on paper dept. they did not find any evidence of my injury so I want to sue them

Carrie Dyer
Carrie Dyer answered on Mar 24, 2021

This does not sound like an employment law-related matter. You should contact an attorney in your area who practices workers' compensation law to discuss your options.

1 Answer | Asked in Employment Law for Illinois on
Q: Hello. Yesterday I reported to my employer a situation in which a shift manager mistreated and bullied me.

I sent an email to my manager to complain about this and, the first thing i hear from another shift manager is, now I am not allowed to take my 30 min break It will be only 15 minutes, at a time when the person working with me feels comfortable with, in front of the store, in my car, and be ready... Read more »

Carrie Dyer
Carrie Dyer answered on Mar 24, 2021

Unfortunately, there is no legal protection from retaliation if you complained that your shift manager mistreated or bulled you, unless your complaint was that you were being mistreated/bullied because of your status in a protected class (i.e., age, race, ethnicity, disability, gender, etc.). If... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Colorado on
Q: I was fired the first week of training for being blamed on not properly working the new tech platform correctly, Case?

The first week of training I was blamed for not working the tech platform up to their standards. The tech Platform was new and kinks were being worked out. I was blamed for their troubles/kinks on the platform. They made excuses and said beside I showed no interest in the position in training.... Read more »

Carrie Dyer
Carrie Dyer answered on Mar 17, 2021

While unfair, there is likely no legal claim available to you based on the information you provided.

1 Answer | Asked in Employment Discrimination, Employment Law and Gov & Administrative Law for Ohio on
Q: Can my employer put me on unpaid administrative leave cause another employee lying about me saying I said a curse word

A week prior to being put on unpaid administrative leave my supervisor had asked me if I said the F word at work while I was in a meeting with my union grievance official. I told her no I did not. I worked the whole following week with no issues. Then the next week after that week I was out on FMLA... Read more »

Carrie Dyer
Carrie Dyer answered on Mar 17, 2021

More information is needed to fully analyze your situation. Is your administrative leave paid? You should contact an employment attorney in your area to discuss whether you may have a claim for FMLA interference or FMLA retaliation, depending on what ultimately happens with regard to your... Read more »

1 Answer | Asked in Employment Law for New York on
Q: Garden leave.. I signed a contract 2yrs ago agreeing to give 90 days notice if I resign.

My wife got pregnant and in January (3 months) I informed my employer and asked if I could work from home. (Currently I work in our office 4 days a week on a IT help desk answering calls and going to users to fix technical issues.)

My wife’s Dr. wrote a note advising that if possible... Read more »

Carrie Dyer
Carrie Dyer answered on Mar 10, 2021

The ADA does not apply to you here, so there is no legal obligation for your employer to honor a request for an accommodation of working from home due to your wife's pregnancy. If you entered into a contract agreeing to give 90 days' notice of your resignation, and you resign... Read more »

1 Answer | Asked in Employment Law and Civil Rights for Louisiana on
Q: My employer has ignored ADA request 5 times and ended my health benefits I have proof .What is my recourse ?

My company called recently and asked me about my return and still pretending they never received my request.What can I do as far as my civil rights? What can I do as far as discrimination ?

Carrie Dyer
Carrie Dyer answered on Mar 10, 2021

An employer cannot ignore an an ADA request for an accommodation. When an employee requests an accommodation, the ADA requires an employer to engage in good faith in an interactive process to determine if there is an accommodation that would allow the employee to perform the essential functions... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Virginia on
Q: I was diagnosed with aortic aneurysm. Not big enough for surgery yet. Can Still work. Do I have to tell employer?

Aneurysm is in "wait and watch" mode. Was told can still work but shouldn't lift over 40 lbs and keep calm and watch blood pressure. Can employer fire me for this? Do they need to know?

Carrie Dyer
Carrie Dyer answered on Feb 24, 2021

Whether you are still capable of working is a question for your medical providers. It sounds like your medical provider released you to return to work with restrictions. If your job duties require you to lift more than 40 pounds or elevate your blood pressure, then you should inform your employer... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Massachusetts on
Q: I work in a assisted living cna, with 2 floors and memory care is the floor no one see's when they come in the entrance.

Upstairs have they have food servers totally different job description, down stairs they force the cna's to do it, but cna's upstairs do not. They have activities up and down stairs when they go home, they are now trying to add that to do when they go home, when upstairs cna's do not... Read more »

Carrie Dyer
Carrie Dyer answered on Feb 24, 2021

Unless you have an employment contract dictating otherwise, your employer can generally add to or change your job duties at any time for any reason, as long as it not for an unlawful reason. What you are describing sounds unfair, but it is not unlawful. However, your employer must pay you for all... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: My current employer is requiring me to answer phone calls after office hours. Am I obligated to do this?

They say that this is a "standard practice in our industry". However other companies do not require phone calls be answered after hours. I have not signed a policy that says this is required for my location or company.

Carrie Dyer
Carrie Dyer answered on Feb 17, 2021

Yes, your employer can require you to answer phone calls after office hours, regardless of whether you have signed something agreeing to do so. However, whether you are entitled to be paid for this time is a different question. If you are not being paid for this time, you should contact an... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: Can my employer legally put me on forced sick leave because they won't accept my medical mask exemption?

I submitted a doctor's note for my facemask exemption, but my employer wouldn't accept it and put me on forced sick leave. Is this legal? In the governor's/health department's mask order, there are exemptions in there. What can I do besides sue them, which I don't really want to do? Thank you.

Carrie Dyer
Carrie Dyer answered on Feb 17, 2021

You are correct that you could be exempt from facemask requirements due to a medical condition. However, a full analysis of your situation is necessary to determine whether your employer is violating the law by accommodating you by placing you on sick leave (vs. another accommodation that would... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: Forced lunch and intimidated against medical help for work related injury.

Where I work i am forced to put down 30minute lunch on my time card everyday even though I don't get a lunch break. At times we'll even stop at a gas station with a restaurant in it and I am not allowed to purchase any food due to time constraint. Also I fell into a sewer grate on a... Read more »

Carrie Dyer
Carrie Dyer answered on Feb 10, 2021

If your employer is requiring you to report a 30-minute lunch break, and is aware that you are not actually taking that lunch break, then your employer is violating the Fair Labor Standards Act and state wage and hour laws. You should contact an employment attorney in your area to discuss your... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Q: Would someone loose a lawsuit or not be able to file if they where given choice to resign or retire or be fired

Question had little room to give exclamation. But what I mean is for name sake let’s say Donna works a job. Donnas boss Scott (again for name sake not a real name) gives her three options. Let’s say Donna is retirement aged. So Scott says to make a long conversation short. Donna you can resign,... Read more »

Carrie Dyer
Carrie Dyer answered on Feb 10, 2021

Generally speaking, in order to prove she was unlawfully terminated in your scenario, Donna would need to prove (among other things), that she suffered an adverse job action. Donna could claim she was constructively discharged if she was forced to resign or retire, in lieu of termination to meet... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law on
Q: Our store is just starting home delivery can they force employees to drive the van just because they have a licence
Carrie Dyer
Carrie Dyer answered on Feb 3, 2021

Yes. Generally, your employer can add to or alter your job duties at any time. Unless you have a medical reason for not wanting to drive the company van, your employer can require it.

1 Answer | Asked in Employment Law for Michigan on
Q: What grounds If an employee is injured on the job and can only return with restrictions and the employer does not comply

The employer made a statement that they complied but did not, possibly causing more damage than if the employee had been allowed to heal without heing rushed back to work.

Carrie Dyer
Carrie Dyer answered on Feb 3, 2021

More information is necessary to analyze your situation, but it sounds like you may have a failure to accommodate claim under the Americans with Disabilities Act and Michigan state law. You should contact an employment law attorney in your area to discuss your situation and your options.

1 Answer | Asked in Employment Law for Texas on
Q: I contracted covid and was out of work. I want to know about the ffc act Trump put out for employees who test positive.

Do you have to have PTO or are they supposed to still pay you.

Carrie Dyer
Carrie Dyer answered on Jan 27, 2021

The mandatory provisions of the Families First Coronavirus Response Act expired on December 31, 2020. Therefore, if you contracted COVID-19 and were out of work after that date, then your employer would not be required to provide paid sick leave under the Act. However, if this occurred in 2020,... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for North Dakota on
Q: How do I handle harrassment in the work place when it is not considered discrimination?

I am a white, single, gay female. I have no reason to be discriminated against (my employers don't care about me being gay). But that doesn't change the fact that they have been singling me out, holding me to different standards compared to my co workers. I've reported multiple... Read more »

Carrie Dyer
Carrie Dyer answered on Jan 27, 2021

There is not a lot you can do about verbal harassment that is not based upon your membership in a protected class, aside from reporting it to your supervisor and Human Resources. However, if you are experiencing lasting health complications as a result of COVID, you may be eligible for... Read more »

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