Generally speaking, employers are not required to provide breaks, unless you are a minor under the age of 18. If you need a break for medical reasons, I would reach out to an employment attorney in your state for a consultation.
I took a voluntary separation package which I received confirmation that payment would be made within 20 days on Jan 12, 2021. If I'm counting right today is day 22 and I haven't received payment. What can I do? There is no phone number I can find for HR, I only have an email address and... Read more »
In my exit interview it was also brought up that I failed a drug test at a previous employer 3 years ago I never gave anyone permission to disclose such information. The fact that I was let go in part die to things that occurred years ago and are not currently occurring make me believe my past... Read more »
More information is needed here. Why did you take time off work? If it was for a medical condition, you may have protection under the ADA or FMLA. I would recommend reaching out to an employment attorney in your state for a consultation.
It is likely an ADA Request for Accommodation or FMLA certification form and you will likely need to fill it out if you wish to keep your job. I would recommend reaching out to an employment law attorney in your state if you have specific questions or want to discuss your options.
Hi more information is needed here. What did you miss work for? Were you sick or do you another medical issue? If you have a medical issue that qualifies as a disability under the Americans with Disabilities Act or a serious health condition under the FMLA, your absence may have been protected. I...Read more »
My work has recently made a policy that makes us drive up to work, clock in then either leave until clockout or sit at work, unpaid. We only get paid when we have services. We waste gas and time when we are forced to go to work twice daily without pay. Is this legal?
Hi, more information is needed here. If you are in an outside sales role, the company is not required to comply with federal law for minimum wage/overtime. It doesn't sound like you are though because you are going to the office every day. More information is needed about what you are actually...Read more »
Hi more information is needed here. As a general rule of thumb, companies should only provide the dates of hire, the title of a person's position, and pay. I would reach out to an employment law attorney in your state if you feel your previous employer provided false information about you to a...Read more »
Hello, more information is needed here. Federal law requires your employer to pay you at least the minimum wage for all hours worked, and time and a half for any hours worked above 40 in a workweek. I would reach out to an employment law attorney in your state for a consultation and to discuss...Read more »
Hello, more information is needed here to fully evaluate your situation. An employer is allowed to do these things, except if it is based on your membership in a protected class (race, religion, disability, etc.) or in response to you engaging in a protected activity (complaining about...Read more »
Hello, more information is needed here. Why did they pay you according to one method and then another the next time? You should be paid at least the minimum wage for all hours worked. I would reach out to an employment lawyer in your state for a consultation if this is not the case.
I work for a healthcare company and they have singled me out more than once, along with other CNAs, threatened to fire me over being sick and having car problems. And said if I was sick one more time or late due to car problems I would be fired.
Hello, more information is needed here. General sickness is not protected under any federal law. If your illness is caused by a condition that qualifies as a disability under the Americans with Disabilities Act, you may have some level of protection. There is no protection for car issues. I would...Read more »
I work as a direct support professional, working with mentally handicap patients in the state of California. My job requires me to have a certification/training outside of work on my own time in order to work there. The training is 8 hours long and mandatory to have this training within 6 months of... Read more »
Hello, under Federal Law, attendance at training programs is NOT counted as working time if all four of these criteria are met: : (1) it is outside normal hours, (2) it is voluntary, (3) not job related, and (4) no other work is concurrently performed.
I was fired in retaliation. My manager made my work environment hostile and uncomfortable. Every time I tried to talk to her to see what I could to improve things, I found myself being written up not to long after for attendance. I told her that I had depression and anxiety from day one. and that... Read more »
Hi, more information is needed here. Your depression and ADHD may qualify as a disability under the Americans with Disabilities Act. It would be unlawful for your employer to discriminate against you on the basis of your disability (if it qualifies) or terminate you in retaliation requesting an...Read more »
I was injured on September 4th. Starting two weeks later, I was written up once a month (in September, October, and November) before being terminated 1/1/21. All of the write ups were for work performance. I was never given assistance or accommodation to ease my workload, despite being told that my... Read more »
Hi, I would reach out to an employment lawyer in your state for a consultation. Some states, like Ohio, have laws preventing employers from retaliating or terminating an employee because the employee filed a workers compensation claim.
Hi, more information is needed here. How many hours a week is your husband working? How much is your rent? It sounds like you are saying is isn't necessarily being paid by the hour, but rather whatever the amount of your rent is and regardless of the number of hours he works. It would be...Read more »
It was within my 90 days probationary so I’m probably screwed but there was a number of days that I was out due to either quarantine order and childcare being closed due to Covid and I am I was told the entire time that nothing Covid related would count against me I was reassured and then they... Read more »
Does your employer have less than 500 employees? The Families First Coronavirus Response Act requires employers with less than 500 employees to provide to all employees two weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay where the employee is unable to work because...Read more »
Generally speaking, an employer can cut your pay as long as it doesn't put you below minimum wage for hourly employees or the minimum salary threshold for exempt employees. It would also be a violation of law to deduct any overtime hours from your pay if you work more than 40 in a week and are...Read more »
If I worked in Boston Massachusetts but lived in Ohio at the time of losing my job, but now reside in PA, but company HQ’s are in Georgia, which state would/should I seek a lawyer in? Can any attorney assist with employment law in any state?
They have made no attempts since he returned to work in May for reasonable accommodations. His restrictions are only no driving and no working on elevated surfaces or climbing ladders or stairs. The dr request was for him to be able to do table top work or desk work. Based on the ADA how can... Read more »
They may not be able to. It sounds like they are saying he needs to be "100% healed" to return to work. This may be a violation of the ADA. I would reach out to an employment law attorney in your state for a consultation and to discuss options.
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