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Questions Answered by Carrie Dyer
1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Do I have a lawsuit?

I was terminated from my job. I was told I was fired due to absences that pertained to my mental health. I was told they didnt want someone working for them that had mental health problems. I was also never offered COBRA insurance and my insurance was canceled 12 days after termination. I was... Read more »

Carrie Dyer
Carrie Dyer answered on Jun 8, 2021

You may have a claim under the Americans with Disabilities Act. If your employer has at least 50 employees in a 75 mile radius, and you have worked there for at least 12 months, for a total of at least 1250 hours, you may also have a claim under the Family Medical Leave Act. You should reach out... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Tennessee on
Q: Do I have a case for Age Discrimination and Retaliation?

Let go refused to tell why, age 70 and less than a year work comp claim, Separation Slip - Lack of Work, My Job posted the next week.

I was in excellent health before injury and my age was not a problem. Injury had nothing to do with age, instead work station and vendor communication did.... Read more »

Carrie Dyer
Carrie Dyer answered on Jun 8, 2021

More information is needed to analyze your situation. You may have a claim under the Americans with Disabilities Act, depending on the impact resulting from the injury you sustained. You could also have a claim under the Age Discrimination in Employment Act and/or a state law workers'... Read more »

1 Answer | Asked in Employment Law for Tennessee on
Q: Is it legal to work a salary employee 12 hours a day, 7 days a week with no overtime or bonuses?

My husband is a salary employee at a new company. He works 12 hour a days, 7 days a week and just yesterday his boss told them no excuses, you must come in everyday until it’s done. This weekend is a holiday weekend. His schedule is affecting our marriage and I’m tired of being a “single mom”

Carrie Dyer
Carrie Dyer answered on Jun 2, 2021

As long as he is properly classified as a salary-paid exempt employee, there is no limit on the number of hours per week his employer can require that he work. Unfortunately, your husband's best option would be to find a new job.

1 Answer | Asked in Employment Discrimination, Employment Law and Health Care Law for New Jersey on
Q: Q: Can I as a hospital employee bring a lawsuit against the hospital for trying to mandate the Covid-19 vaccine?

According to our US Constitution, Federal and State Citied Laws, this is absolutely illegal and unlawful to require or lose your job.

Carrie Dyer
Carrie Dyer answered on Jun 2, 2021

It is not unlawful for your employer to mandate the COVID-19 vaccine as a condition of employment. However, your employer is obligated to consider exemption requests if they are based on medical or religious reasons.

1 Answer | Asked in Employment Discrimination and Employment Law for Missouri on
Q: My employer denied my medical accommodation request saying that it had to be from an MD (which the EEOC said is a lie)

They are now retaliating by forcing me to recertify my FMLA since I’ve been on leave with major PTSD symptoms.

Carrie Dyer
Carrie Dyer answered on May 25, 2021

There is no requirement that an request for a medical accommodation come from an MD. You should contact an employment law attorney in your area to discuss your situation in more detail and determine your options.

1 Answer | Asked in Employment Law for Texas on
Q: My employer assumes I wrote a glassdoor review and sent me a cease and disest. what can I do?

I have never received a copy of my employee agreement, they are saying that I cannot write a review based on the severance agreement having a "nondispargement" clause. The review is anonymous and is NOT defamtation.

Carrie Dyer
Carrie Dyer answered on May 25, 2021

Disparagement and defamation are not the same thing. You could post something anonymously, without defaming the company, but your comment could still be disparaging. If you signed a severance agreement containing a non-disparagement clause, then wrote an online disparaging review, the company... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Can an employment-at-will agreement include a penalty clause for failure of employee to provide notice under IL law?

An employment agreement in Illinois which specifically states the employee is considered an "employee at will" but also includes a per day fine for not giving 28 working days notice (a $500 fine for each that the employee does not work of the notice period). The agreement specifically... Read more »

Carrie Dyer
Carrie Dyer answered on May 19, 2021

You can be an at-will employee, but still subject to an agreement to provide certain notice before ending your employment. You should contact an Illinois employment law attorney to review your contract to discuss your options in greater detail.

2 Answers | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Can employers make you get Covid shot? Feeling singled out, belittled, bullied.

My daughter has had Covid, works in Mi and her and another not wanting shot at this time in their life. What are the rights protecting from being forced? Does this medical info (personal) fall under hippa being told by boss that it does not? Can I get fired for not having Covid shot? MI is at will... Read more »

Carrie Dyer
Carrie Dyer answered on May 19, 2021

You are correct that Michigan is an at-will state. Her employer can mandate that she get the COVID vaccination, unless she has a medical or religious reason for not wanting to do so. If either of those apply to her, you should contact an employment law attorney in your area to discuss her rights... Read more »

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1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for Massachusetts on
Q: Can I take my employer to court for releasing personal information to outside customers and vendors without my consent?

I recently had a baby prematurely. I shared this information internally with my employer. Within a few hours of sharing, I received an email from a co-worker to a group of customers, (some of which I do not know) detailing not only the birth of my son but also his full name and that he was born... Read more »

Carrie Dyer
Carrie Dyer answered on May 12, 2021

More information is needed to analyze your situation. Is your employer requiring you to take a leave you otherwise are not intending to take? Additionally, there is no private cause of action under HIPPA. Only the Department of Health and Human Services and state attorneys general have the power... Read more »

1 Answer | Asked in Employment Law for Minnesota on
Q: Can an employer force you to attend meetings/team huddles where they only ask personal questions, not work related issue

I am extremely private and do not mix my personal life and professional life, yet I am required to attend meetings where they ask a personal question weekly. No work related issue is discussed. Only a topic of conversation geared toward personal lives. I live in Minnesota

Carrie Dyer
Carrie Dyer answered on May 12, 2021

Generally, yes, your employer can require that you attend meetings at work, regardless of what is discussed. At the meetings, are you able to avoid participating in conversations of an entirely personal nature? If you are not compensated for the time spent in these mandatory meetings, you should... Read more »

1 Answer | Asked in Contracts and Employment Law for Texas on
Q: Can my rate as a contractor be reduced in the middle of the contract?

I signed an employment contract with this company last July that runs through July 2021. Yesterday out of the blue i got a docusign from the company with a retroactive lower rate that what i signed for last July, so i asked for explanation and below is the response i got. Any advise on what i can... Read more »

Carrie Dyer
Carrie Dyer answered on May 5, 2021

Whether you have a claim depends on the language in your employment contract. Did the contract guarantee you a certain rate of pay through July 2021, or did the contract allow the employer to change your compensation in its discretion? You should contact an employment attorney in your area to seek... Read more »

1 Answer | Asked in Employment Law for New York on
Q: Who should I sue ?

I am a nurse, hired by a company to work in a hospital.

I was fired for no valuable reason. Should I sue the company or the hospital ? Thank you.

Carrie Dyer
Carrie Dyer answered on May 5, 2021

Additional information is needed to answer this question. If you were hired, terminated, and paid by Company, and placed to work in Hospital, then generally, your "employer" would be Company, not Hospital. However, there are circumstances in which a "joint employer"... Read more »

1 Answer | Asked in Employment Law for Massachusetts on
Q: My company is being taken over by another company. What are my rights as an employee

They are saying nothing is changing but that is far from the truth.

Carrie Dyer
Carrie Dyer answered on Apr 28, 2021

If you are an at-will employee, then your company or the new company taking over can legally change your job title, compensation, and/or benefits at any time for any reason, so long as it is not for an unlawful reason.

1 Answer | Asked in Employment Law and Libel & Slander for Pennsylvania on
Q: My boss is harassing me. I am a union member, she isn’t, my workplace hasn’t held her accountable. What can I do?

My boss has been harassing me about personal things that have nothing to do with work. She confronts and attacks me on the job about personal things, she also texts me off the clock about those things. I’m union and she isn’t, and I’ve complained before but she never seems to be held... Read more »

Carrie Dyer
Carrie Dyer answered on Apr 28, 2021

Unless she is harassing you because of your status in a protected class (i.e., race, ethnicity, disability, etc.) or the harassment is sexual in nature, there is likely no legal recourse. If that is the case, it sounds like your best option may be to move departments.

1 Answer | Asked in Employment Law for Texas on
Q: I was harassed repeatedly by my employer. After I involved our HR department I was terminated. Do I have any rights?

The same person who has repeatedly harassed me does the same to other employees. Some of the employees have left the company and others are still employed there. HR and Management are aware of this Persons bad behavior and does nothing to stop it.

Carrie Dyer
Carrie Dyer answered on Apr 21, 2021

Unless the harassment is based on your status in a protected class (i.e., gender, race, ethnicity, disability, etc.), there is no legal recourse for your termination. If you were subjected to harassment based on your status in a protected class, and you were terminated after complaining to HR... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Gov & Administrative Law for New York on
Q: My company laid me off, lack of work.

My boss gave me a company bonus check for project commissions in my duration. Do I have to report this to Unemployment NY? The check was issued from a payroll account of the company. this isn’t severance it is a bonus owed to me from last years project completion commission percentage. They did... Read more »

Carrie Dyer
Carrie Dyer answered on Apr 21, 2021

Yes, you should still report it as income received to unemployment for the week that you received the bonus check.

1 Answer | Asked in Employment Law for South Carolina on
Q: Independent contractor contract states 30 day termination notice. What if the company denies me to work those 30 days?

30 day Termination notice was received. They are planning to hire someone as an employee to take over my duties. What if they don’t allow me to work my full 30 days? Also, they keep asking me to provide notes & manuals on how to do the jobs I provided to them. Do I have to do that? I am... Read more »

Carrie Dyer
Carrie Dyer answered on Apr 14, 2021

This depends on the language in your contract. Does the contract give the company the ability to elect to terminate the contract upon receipt of your 30-day notice? Your responsibilities following the termination of your contract are also likely set forth in the contract language. You should... Read more »

1 Answer | Asked in Employment Law on
Q: My husband quit his job after working for 2 days. He informed his employer about it. At that time they don't respond

And he joined another company. Now the old company is asking big amount compensation. That we can not afford. Can they take any legal action.

Carrie Dyer
Carrie Dyer answered on Apr 14, 2021

This depends on whether your husband signed any sort of employment agreement containing a reimbursement provision. Your husband should request a copy of all documentation he signed when he was hired, then contact an employment attorney in your area to discuss your husband's obligations.

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 »

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