Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Kyle Anderson
1 Answer | Asked in Employment Law for Ohio on
Q: Can my job require me to take FMLA, if an employee doing the same job in another state would not need to take FMLA?

Because I live within 50 miles of my company headquarters, I’m required to go into the office 2 days a week. I’ve no issue with going into the office, but my parent needs surgery and will need home supervision for a couple months. No one else is able to care for this parent. I’d like to work... View More

Kyle Anderson
Kyle Anderson
answered on Jul 9, 2024

The FMLA is a complicated statute, and it cannot be said with certainty whether or not what your employer is doing is "legal." I think there is a more viable, potential issue with discrimination by association under a certain provision of the ADA. I'd reach out for a consultation.

1 Answer | Asked in Employment Law for Ohio on
Q: I am an Occupational therapist and paid salary. We have a set number of points we are expected to see but if under or

over, we are paid the same. Our company is partnering with another company we will be employed by. They will pay us per point.

They are adjusting points to line up with our current salary, but if we are under points for the week we will get paid less, so if volume down, meaning not as many... View More

Kyle Anderson
Kyle Anderson
answered on Jul 9, 2024

Hi, more information is needed in this case. Specifically, how is a "point" determined to have been attained and how much is paid per "point." I'd reach out for a consultation.

2 Answers | Asked in Consumer Law, Contracts and Business Law for Ohio on
Q: I have a customer that I renovated a bathroom for. They were unhappy with everything from the start. Nothing wrong with

I have a customer that I renovated a bathroom for. They were unhappy with everything from the start. Nothing wrong with the work. But they're extremely picky. They are now asking for proof of insurance, which I do have. Do I have to provide it after contract was already signed? Also I had them... View More

Kyle Anderson
Kyle Anderson
answered on May 27, 2024

Do you have a written agreement with the customer? I would not provide the insurance policy before speaking with an attorney. More facts here are needed.

View More Answers

1 Answer | Asked in Consumer Law for Ohio on
Q: I am a shop owner I purchased an engine for a 2017 bmw x5 from grade A auto parts, I purchased a warranty.

Engine is bad. Labor to change is over 7000 and GRade A says they only have to pay me $250 because they say it’s warranty and not DOA or that there is no difference!

Kyle Anderson
Kyle Anderson
answered on May 27, 2024

Hello,

This situation depends on the language of the warranty. I would recommend reaching out to an attorney to have the warranty language reviewed.

1 Answer | Asked in Employment Law for Ohio on
Q: I have an aproved fmla for mingraines and i just got suspended 10 days because suposley i need a doctor note evertime i
Kyle Anderson
Kyle Anderson
answered on May 27, 2024

Hello,

FMLA issues are usually fact intensive determinations. Many questions need to be answered, and there is not enough information here to provide a proper analysis. I would reach out to an attorney to discuss this matter ASAP.

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: I never received my paycheck from my previous employer. What are my options if the employer is non responsible?

The company's name is Beltmay LLC in Los Angeles, CA. Their address is 1801 Century Park E, #1540,

Los Angeles, CA 90067. This is the only address I can find for it but I believe this company is fraudulent. I have reported it to the BBB but they were not helpful.

Kyle Anderson
Kyle Anderson
answered on May 27, 2024

Hello,

How many hours did you work? All employers are required under state and federal law to pay their employees at least the minimum wage for all hours worked. I would reach out to an attorney to discuss your options.

1 Answer | Asked in Employment Law for Missouri on
Q: Is it legal for a company to not give you your time cards?
Kyle Anderson
Kyle Anderson
answered on Aug 4, 2021

Hello, this is an issue that is usually governed by state law. Are you having a minimum wage or overtime issue? I would reach out to an employment law attorney in your state to see what can be done.

1 Answer | Asked in Employment Law for Nebraska on
Q: Can an employer pack up your desk if you are out on FMLA
Kyle Anderson
Kyle Anderson
answered on Aug 4, 2021

Hi, I don't see anything inherently wrong with this. However, the employer does have a duty to return you to the same or similar position when you return from FMLA. I would reach out to an employment law attorney in your state if you have any issues.

1 Answer | Asked in Employment Law for Missouri on
Q: Do you have to pay overtime if you are paid by an hourly rate or commission, which ever is greater.

I currently am being compensated either by an hourly rate or from my earned commission, which ever one is greater. I am required to clock in and work a full 40 hour week plus I am being told less than 24 hours in advance that I will have to work on weekends, every week when my commission is higher... View More

Kyle Anderson
Kyle Anderson
answered on Aug 4, 2021

Hello, more information is needed here. You need to meet several requirements to be exempt from overtime: certain job duties and to receive pay on a salary basis. I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Employment Law for Georgia on
Q: Can you sue your job for discrimination, falsifying documents, retaliation, and slander while still working there?

Was forced to leave my current location for no reason.

Kyle Anderson
Kyle Anderson
answered on Aug 4, 2021

Hello, more information is needed here. Discrimination and retaliation would be unlawful if it is based on your race, religion, disability, or other protected class or activity. I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Legal Malpractice and Employment Law for North Carolina on
Q: Can I get legal help for my vertigo

I have vertigo and turned in paperwork to my general manager at work but still received written referrals for being late and not showing up when I am having vertigo can I be fired for it

Kyle Anderson
Kyle Anderson
answered on Jul 14, 2021

Hi more information is needed here. If your vertigo qualifies as a disability under the Americans with Disabilities Act, and you request a reasonable accommodation, the employer should work with you on getting an accommodation you need. I would reach out to an employment law attorney in your state... View More

1 Answer | Asked in Employment Law for Alabama on
Q: My employer refuses to pay me what do I do
Kyle Anderson
Kyle Anderson
answered on Jul 14, 2021

Hello, more information is needed here. Are you categorized as a 1099 independent contractor or W2 employee? How many hours per week are you working? I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Employment Law and Employment Discrimination for Indiana on
Q: Was I wrongfully terminated?

I Informed HR that I was going to be needing to use some of my 12 weeks allowance of FMLA. I had seen a doctor the day I let HR know. The doctor just needed the forms from the HR department of work but she had given me a note excusing me starting on June 29th 2021. Then today on June 30th 2021 I... View More

Kyle Anderson
Kyle Anderson
answered on Jul 7, 2021

Hello, more information is needed here. It would be unlawful for the employer to consider your use of FMLA in a decision to terminate you. I would reach out to an employment law attorney to schedule a consultation.

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.

Kyle Anderson
Kyle Anderson
answered on Jul 7, 2021

Hello, more information is needed here. If you have a note from a doctor requesting a reason accommodation for a medical condition that qualifies as a disability under the Americans with Disabilities Act, the company should engage in an interactive process to accommodate your disability. I would... View More

View More Answers

1 Answer | Asked in Employment Law on
Q: Should I reach out to my HR department regarding feeling like my supervisor is discriminating against me before lawyer?

I'm trying to get more info and see how to go about my situation because I feel I am being discriminated against for being pregnant and since giving birth but have very little proof.

Kyle Anderson
Kyle Anderson
answered on Jun 24, 2021

Hello, more information is needed here. I would recommend reaching out to an employment law attorney in your state first.

2 Answers | Asked in Employment Law, Personal Injury and Employment Discrimination for West Virginia on
Q: What to do when you get fired from your job after 10 yrs & right before your FMLA is due to be in affect.

I was diagnosed with a serious form of cancer & got fired due to missing 7days in a yr.

Kyle Anderson
Kyle Anderson
answered on Jun 24, 2021

Hello, more information is needed here. Did you miss due to your cancer? I would highly recommend reaching out to an employment law attorney to discuss this situation.

View More Answers

1 Answer | Asked in Employment Law for Kansas on
Q: Can a supervisor take hours from you while you're on the clock
Kyle Anderson
Kyle Anderson
answered on Jun 17, 2021

Hello, more information is needed here. Are you paid hourly? The employer is required to pay you at least the minimum wage for all hours worked, and at a rate of one and one-half times your regular hourly rate for hours worked over 40. There may be an issue here if they are deducting hours in weeks... View More

1 Answer | Asked in Employment Law for Ohio on
Q: If I worked 2 days and quit, am I supposed to get pay for one or both days?

I quit due to commute issues and other personal reasons and I checked the company payroll app to see how much I’m supposed to get paid but it only says I get paid for one day. Is this correct or should I get in contact with the payroll manager?

Kyle Anderson
Kyle Anderson
answered on Jun 17, 2021

Hello, more information is needed here. The company is required to pay you at least the minimum wage for all hours you worked and and time and a half of our hourly wage if you were paid hourly for all hours worked above 40 in a workweek. I would wait to see how much you are paid and then reach out... View More

1 Answer | Asked in Employment Law for Connecticut on
Q: Age discrimination or "overqualification" prejudice? Can a lawyer compel private testimony with company and myself?
Kyle Anderson
Kyle Anderson
answered on Jun 9, 2021

Hello, generally speaking, an attorney cannot compel the company to provide information unless a lawsuit is filed. More information is needed here to evaluate your situation. I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Tennessee on
Q: Let go refused to tell why, age 70 and less than a year work comp. Sep Slip- Lack of Work, Job posted next wk.

Do I have a case? 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. Before injury co-workers and local management had no idea of my age from appearance and job performance. Records were at... View More

Kyle Anderson
Kyle Anderson
answered on Jun 9, 2021

Hi, more information is needed here. Were you injured on the job and filed a workers compensation claim? Some states have an anti-retaliation law that prohibits retaliation for filing a workers compensation claim. I would reach out to an employment law attorney in your state for a consultation.

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.