Generally speaking, you are working in an "at-will" state which means an employer may terminate you for any reason or no reason at all. Unless the termination was based on your membership in a protected class or you engaging in a protected activity, you likely do not have any recourse. I would file...Read more »
Depends on how the contract is written. Does the contract set a specific duration of time for which the employee will be employed under the contract? I would reach out to an Employment Lawyer in your state to go over the employment contract you are offering. I recommend having an understanding of...Read more »
I live in Lee County, Florida and recently quit my salary job. I had requested through email that my earned vacation pay be cashed out instead of taking my vacation. The owner verbally confirmed that the pay would be on my next check. Two days later, I walked out of my job. On my last check, they... Read more »
Florida may be different, but in Ohio, vacation pay is not a gift or gratuity. It is a deferred payment of an earned benefit. In Ohio, courts have enforced company policies regarding the payment or personal or vacation time upon termination of employment. Depending on how much vacation you are...Read more »
That I can't get the position because of my kids and was given to someone without kids after asking her if she had kids she wants to fire me because she hired to many people and the manager is telling employees this about ne and that me and another employee is being replaced
Hi. Your situation sounds like what may be categorized as "sex plus" discrimination. Courts have used this term to describe situations where the employer discriminates against a subclass of women, such as women with care-giving responsibilities. I would reach out to an Employment Law Attorney in...Read more »
I have a friend who works at an animal hospital and her job is to clean and care for the animals. She’s been left a couple notes regarding her cleaning in the past week, and now today her boss is telling her that she’s not getting paid for the work she’s been doing because they feel as though... Read more »
I agree with Mr. Eisenberg. Typically, an employer must pay an employee for all hours worked and cannot make deductions based on the quality of the work. However, if the deducted pay still keeps her above the minimum wage rate (calculated by dividing her total compensation by the hours worked for...Read more »
I was fired from my job because I pointed out due to a FMLA mixup that matrix tried to correct and whirlpool denied. They also refused to pay me my earned PTO time that I have left upon being fired because they said I did not request that I have it paid out. However, I was never told I had to... Read more »
My boss gave me to heads up she was taking money out of my check. I am paid salary and never has she ever not paid me for days the shop was closed but for some reason she thought it would be ok to not pay me or the rest of the company salary or not for the 30th and 31st is December 2019 with out... Read more »
More facts are needed to fully evaluate your situation. However, in certain circumstances, deductions from an employee's salary are permissible if the employee is absent from work for one full day or more full days. It would not be permissible to deduct if an employee is only absent for a half day,...Read more »
I work for the county. A coworker is doing what she can to alienate me from others in the office by verbally attacking me. She gossips about me to coworkers, and to my supervisor. She tells every one any mistake I make, but most of what she says is false. The first time I brought it up to my... Read more »
You are in a tough situation. Generally speaking, your complaint about your co-worker is not protected, which means you won't have any legal recourse if you are terminated. To be protected, the harassment needed to have been about your race, religion, gender, a disability, etc. That does not sound...Read more »
Hi; Wondering if you might answer a question for me? Can my employer count my vacation and holiday days as missed work for disciplinary reasons? For example: If I take 10 days for paid time off and miss two days some other time for being sick can my employer say that I've missed 12 days of work... Read more »
How an employee is disciplined based on absences normally doesn't have a legal implication. It typically governed by your employer's handbook, unless it is being applied unevenly based on your race, religion, a disability, etc. I would check the handbook to start.
Hi. Are you paid hourly? If you are performing work during those 15 minutes, you likely should be compensated for it. Please reach out to an employment law attorney in Ohio. My contact can be found on my profile.
Ok, so our employer claims that they do not need to pay employees to don and doff their protective personal equipment who choose to leave the premises on their 30 minute unpaid meal break. This in turn reduces the 30 minute meal period to the employees who choose to leave the premises for food or... Read more »
These types of cases are heavily fact dependent and more information is required to evaluate your claim. There are cases where courts have held that this type of activity is compensable and cases where courts have held it is not. You should reach out to an employment law attorney for a consultation...Read more »
Hi, I would recommend reaching out to an Ohio employment attorney and requesting a document review. There are likely more facts to your case that need to be considered before a full evaluation can take place.
Yes, an employer can demote you as long as it wasn't based on your membership in a protected class (race, religion, etc.) or based on you engaging in a protected activity. Because you provided very little fact about the circumstance, you may want to reach out to an employment law attorney in your...Read more »
A medical condition that qualifies as a disability under the Americans with Disabilities Act are protected from discrimination. A termination based on a qualifying disability would be unlawful. However, more facts about your situation are needed. I recommend reaching out to an Employment Law...Read more »
I work overtime every week, in the hotel industry, but as I have read in 337.101 (2) 6. The overtime exemption only applies to hotels, (and other businesses) that make less than $95,000 a year gross from sales,for the last 5 years, and my employer easily makes $250-300,000 a year. Also, he has... Read more »
Federal law, under the Fair Labor Standards Act ("FLSA"), also governs the payment of overtime. Even if you are exempt based on the Kentucky Revised Statutes, you may still be eligible to receive overtime under the FLSA. Typically employers are covered under the FLSA if they do more than $500,000...Read more »
Is it legal for an employer to fire you right after your released from light duty due to foot injury that was no fault of your own? Instead of sending me back to regular duty after workers comp light duty for 19wks, they are fighting my unemployment and I’m without any income for 6 weeks now all... Read more »
More facts are needed to provide you with a full evaluation of your claim. Your injury might qualify as a disability under the Americans with Disabilities Act (ADA), which would make a termination based on your injury unlawful. States also prohibit retaliation against employees who have filed...Read more »
I’m leaving my current company who relocated me to Seattle. Like many of my coworkers we signed a contract for relocation money. Some people have quit or been terminated and haven’t been pursued for the money but they are coming after me. Can the company pick and choose who they go after?
So my situation is this. I applied for this front desk job at this local hotel a couple weeks ago and in the interview I disclosed my severe anxiety disorder to them. (I have also been diagnosed by a doctor) and they still hired me. I worked for a little over a week and the job was making me have... Read more »
Your severe anxiety disorder likely qualifies as a disability under the Americans with Disabilities Act (ADA). It sounds like, because your anxiety was causing panic attacks at the front desk, you requested a reasonable accommodation of being placed in a housekeeping position. Your termination...Read more »
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