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Questions Answered by Carrie Dyer
1 Answer | Asked in Employment Law on
Q: I was employee who had money taken from my credit card tips to help pay a manager and minimum wage busser
Carrie Dyer
Carrie Dyer answered on Sep 16, 2020

Tips are the property of the tipped employee. The employer is prohibited from using an employee’s tips for any reason other than as a credit against its minimum wage obligation or as part of a proper tip pool or sharing arrangement. A tip pool is proper if tips are divided among employees who... Read more »

1 Answer | Asked in Business Law, Contracts, Employment Discrimination and Employment Law for Minnesota on
Q: Can General Contractors force subcontractors to wear a mask for Covid or threaten contract termination

Install team,

Just a reminder that the wearing of masks or face shields while in the customer home is not optional, and there is a zero tolerance policy if you do not wear them.

The only time it is optional is when you are outside of the home and separated by at least 6 feet.... Read more »

Carrie Dyer
Carrie Dyer answered on Sep 16, 2020

Unless you have a medical condition that prevents you from wearing a mask or face shield, you can be required to wear one while performing your work. If you do have a medical condition, you should work with your doctor to request an accommodation under the Americans with Disabilities Act from your... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: If my employer cause me to miss hours due to negligence on their part are they required to pay me for time missed. Mich.
Carrie Dyer
Carrie Dyer answered on Sep 9, 2020

Your employer is not required to pay you for hours you did not work.

1 Answer | Asked in Employment Law for Maryland on
Q: Can an employer keep my last paycheck because I quit without a notice

I quit my old job a year ago because they put me in salary and worked me 60+ hours 7 days a week. Eventually I got tired and couldn’t keeo doing it so I quit. I did it without a notice I just dropped my stuff off and emailed them I quit, well they withheld my paycheck and have never given me my... Read more »

Carrie Dyer
Carrie Dyer answered on Sep 9, 2020

Your employer cannot keep your final paycheck because you resigned without notice. You may have signed documentation stating that if you resign without notice, you agree to be compensated at minimum wage for hours worked on your final paycheck; however, you cannot agree to forgo any payment for... Read more »

1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for Tennessee on
Q: I need a lawyer for my denial of unemployment . This company fire me while I was in the hospital for major surgery.
Carrie Dyer
Carrie Dyer answered on Sep 2, 2020

You should reach out to an employment attorney in your area to discuss the details of your situation. Depending on the size of your employer, the length of your employment, and the reason for surgery, you may have qualified for protected medical leave under the Family Medical Leave Act. You may... Read more »

1 Answer | Asked in Employment Law for Arizona on
Q: Can an employer advertise a work from home position and then keep them in office?

I was hired into a work from home position. HR emailed me stating the position was 2 weeks in office for training and

then I would be working from home. 3 months later and I am still in office. I got covid 19 abt 7 weeks into the job. I requested to work from home and was told no. Can a... Read more »

Carrie Dyer
Carrie Dyer answered on Sep 2, 2020

In general, your employer can change the requirements of your job at any time. However, in some circumstances, you could have recourse under the Americans with Disabilities Act if your request to work from home is for a medically-related reason. If you are currently unable to work in the office... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for South Carolina on
Q: Can an employer fire you for a background that you disclosed to the during recruiting and onboarding?

I was recruited by a company that offered me a great opportunity. At the time, I had a promising career with a major corporation so I was reluctant to take the opportunity because I had a criminal background from ten years prior. I explained to various members of the recruiting company that I had a... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 27, 2020

The specifics of your situation should be discussed with an employment attorney in your area; however, the answer is likely no. In an at-will state such as South Carolina, your employer can deny you employment opportunities or terminate your employment for any reason or no reason, as long as it is... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for West Virginia on
Q: Hostile work environment do I have a lawsuit ?

I worked with asplundh tree experts LLC for almost a year and I got fired bc I took off a few days because I had been under so much stress and anxiety and I was supporting 7 people in my home and I was threatened with a knife to my stomach and was told he was bonded to shoot me and he would get by... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 26, 2020

More information is needed to analyze your situation. You should contact an employment law attorney in your area to determine if you have a claim under the Americans with Disabilities Act or Title VII for the way you were treated by your former employer.

1 Answer | Asked in Employment Law for Tennessee on
Q: Is there a time limit to seek professional help? Can something be done about a supervisor lying to you?

My supervisor has stated certain things, and then changed it up multiple times after i arrived to my job. Also, ive been covering a second person job multiple times with no extra pay when they have certain people that are fill ins that make more pay for that. Also, they keep over charging me for... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 19, 2020

More information is needed to answer your question. Generally, your supervisor can ask you to complete tasks outside of your typical job duties without paying you at a higher hourly rate for completing those tasks. Is your employer still taking deductions from your pay after you opted out of the... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: Can an employer consider a per diem employee to be 'voluntarily terminating' employment if the employee does not work a

certain required number of hours BUT the specific required number of hours is not written or agreed to in any formal sense (no contract, not mentioned in offer letter, etc, but determined/changed by manager per staffing needs)? Employee is not working for pandemic-related reasons, but interested in... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 19, 2020

Without a contract governing your employment, your employer is free to change the number hours you are required to work at any time for any reason, whether it is due to the pandemic or not. If you refuse or cannot work those hours, your employment can be terminated.

1 Answer | Asked in Employment Law and Employment Discrimination for Indiana on
Q: I applied for a different employer, same line of work. The competitor company, wouldn't even give me an interview

I applied at a competing catering company. I called consistantly, got an answer and was just unlucky because the hiring manager wasn't in that day, or so I thought. I ended up finally reaching them just one day before my application expired, and the manager told me that "they were... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 12, 2020

No, it is not unlawful discrimination to refuse to hire an employee because that employee worked for a competitor.

1 Answer | Asked in Employment Law for Arizona on
Q: I'm being forced into unsafe working conditions, what can I do?

I am a teacher at a school in Arizona currently a hotspot for the covid 19 pandemic. My employer is planning to reopen irrespective of benchmarks laid out by the Arizona Health department, putting me, my fellow teachers and students at risk. They have threatened legal action if I decide not to show... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 12, 2020

Additional information is needed to answer your question. Do you have a medical condition that places you at a higher risk for serious illness if exposed to COVID-19? If so, you could work with your doctor to request an accommodation in the form of teleworking to begin the school year. If your... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: I want to quit my job. My mental health is so bad and the job is so toxic.

I'm wondering what my rights are as a part-time cashier, and I'm wondering how FMLA works. I'm also wondering if I can get disability due to depression and what I would have to do if I can.

Carrie Dyer
Carrie Dyer answered on Aug 5, 2020

Additional information about your situation is necessary to analyze whether you would have a legal claim, whether you are entitled to take FMLA leave, or whether you would be entitled to disability benefits. If you have worked for your employer for at least 12 months, during which time you have... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: Company I work for made it manditory to work 6 days a week or u get fired
Carrie Dyer
Carrie Dyer answered on Aug 5, 2020

Unless you have an employment contract stating otherwise, your employer can mandate 6-day workweeks for its employees.

2 Answers | Asked in Employment Law for Minnesota on
Q: Mandated masks at work and anxiety issues put me on Unpaid leave. What are my rights? (I am not anti mask)

Tried it the 1st day, had 5-6 panic attacks, and was harassed imo by my bosses all day long, complaint was filed. Was informed to take unpaid leave of absence. Saw doctor, meds too weak to work and stronger ones you cant work on, next would be psychologist but since I don't have insurance or... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 29, 2020

Your employer can request medical information to support your request for an accommodation under the Americans with Disabilities Act. You should talk to your doctor and your employer to inquire about other possible accommodations for your anxiety that would allow you to continue to work. Does... Read more »

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1 Answer | Asked in Employment Law for Virginia on
Q: Can I request that a written disciplinary action be removed from my personnel file after a certain period of time?

I was written up in 2018 at a regional jail I worked at for what I believe was unjustified reasons. I have nothing else on my record. I am currently in the hiring process for other law enforcement agencies and I believe this is hindering my background process. I have heard that they are allowed to... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 29, 2020

Additional information is needed to answer your question. Are you a member of a union? Your union contract may dictate if and when a disciplinary write-up "falls off" or can be removed from your file. You should review your union contact or a handbook for this information. There is no... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: question about my wife's job and coronavirus.

My wife is a nanny for a couple here in Jacksonville. Earlier this year, my wife had to take off two weeks to care for our daughter who had become sick. Our daughter was suspected of having the coronavirus. The test came back negative, and the couple paid my wife for those two weeks. Two Saturdays... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 22, 2020

Yes, your wife's employer can request that she wait until she receives a negative COVID-19 test to return to work. Your wife should apply for unemployment for the time she has not been working.

1 Answer | Asked in Employment Law for New Jersey on
Q: If there’s constantly wages missing from check, when can I put in a complaint and how long must it take for a response
Carrie Dyer
Carrie Dyer answered on Jul 22, 2020

If you have not been paid for hours you have worked, you should immediately report this to your employer in writing. If the issue is not addressed, you should reach out to an employment attorney in your area to discuss your options, as you may have a claim for unpaid wages under the Fair Labor... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Georgia on
Q: Is it against the law for your employer to make you wear a mask? They cause nothing but nosebleeds.
Carrie Dyer
Carrie Dyer answered on Jul 15, 2020

No, it is not against the law for your employer to require masks. If you have a medical issue that is causing you to get nosebleeds or you have some other medical reason that makes wearing a mask difficult for you, you should work with you doctor to submit an accommodation request to your... Read more »

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1 Answer | Asked in Employment Law and Insurance Bad Faith for Maryland on
Q: My employer terminated my insurance, but continued to take deductions for it, and represented to me that I was covered.

My benefits and payroll are administered by a 3rd party (Gusto). Their ‘employee dashboard’, or portal, or whatever verbiage they use for their online thing, shows me as covered. However, when I attempted to add my wife to my coverage, I learned that I was no longer insured.

My... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 15, 2020

Have you raised the issue with your employer or with Gusto to see if the discontinuation of your health insurance was an error? If you cannot get the issue corrected, you may have a claim under the Employee Retirement Income Security Act (ERISA) and should contact an attorney in your area to... Read more »

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