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.
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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.
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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.