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Questions Answered by Kyle Anderson
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... Read 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... Read 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... Read 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... Read more »

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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.

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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... Read 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... Read 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... Read 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.

1 Answer | Asked in Employment Law for Maryland on
Q: Job Repayment Obligation

Hi, I am trying to understand repayment money I owe to my previous employer. Here is what happened, I started working remotely in May 2020 but did not move to actual location until August 2020 due to Covid-19 pandemic. I quit my job in May 2021, one year after I was hired. Relocation contract... Read more »

Kyle Anderson
Kyle Anderson answered on Jun 2, 2021

Hello, more information is needed here. Has the company contacted you about the possible repayment obligation? I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Employment Law for Texas on
Q: If laid off due to covid 19, am I legally entitled to unemployment?

School Principal laid off due to Covid. No reasonable assurance given to return to job.

Kyle Anderson
Kyle Anderson answered on Jun 2, 2021

Whether you are entitled to it is one question, but I would recommend applying regardless. If you have specific questions about unemployment, I would reach out to an unemployment law attorney in your state.

1 Answer | Asked in Employment Law and Personal Injury for New Jersey on
Q: Can a healthcare employer mandate the “experimental“ COVID shot. This is in the experimental phase.

Isn’t this coercion and undue influence? Isn’t this a violation of the Informed Consent Law?

https://law.justia.com/codes/new-jersey/2013/title-26/section-26-14-4/

And what about religious exemptions?

https://law.justia.com/codes/new-jersey/2013/title-26/section-26-1a-9.1/

Thank you!

Kyle Anderson
Kyle Anderson answered on May 27, 2021

Generally speaking, in the employment law context, you can only request to not be required to have it if you have a religious objection or a disability/medical condition. I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Employment Law on
Q: Are American employees, allowed to sue thier employers, and on what grounds

Workplace discepencies

Kyle Anderson
Kyle Anderson answered on May 27, 2021

As far as workplace discrepancies, generally speaking, you need to be a member of a protected class or engage in a protected activity to have a claim against an employer. I would reach out to an employment law attorney in your state for a consultation.

2 Answers | Asked in Employment Law and Workers' Compensation for Missouri on
Q: Could I sue for more money after a job I quit has yet to pay me

It has been 2 months since working there and they haven’t payed nor do they do the mangers or store answer there phone

Kyle Anderson
Kyle Anderson answered on May 25, 2021

Hello, employers are required to pay in accordance with federal overtime and minimum wage laws. If you weren't paid at all, or a portion of your pay was withheld, you may have a minimum wage violation claim. If you worked overtime during the period, you may have an overtime claim as well. I... Read more »

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2 Answers | Asked in Employment Law for Tennessee on
Q: Need an attorney for employer wage theft and not paying me minimum wage. I’m in Tn.

Stole for past 2 years.

Never turned into IRS or reported work to SSI.

STOLE ppp money. Never received checks for 2 months of my work.

Kyle Anderson
Kyle Anderson answered on May 26, 2021

Hello, more information is needed here. Were your hours deducted or how specifically were you a victim of wage theft? Were you paid hourly and worked more than 40 hours in a week? Employers are required to pay all employees in accordance with federal and state minimum wage and overtime laws. I... Read more »

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