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Questions Answered by Kyle Anderson
1 Answer | Asked in Employment Law for Tennessee on
Q: Can I use for unpaid wages?

Ive just got out of the military and I've recently started working for a person who offered to pay me x amount of dollars per hour to work on their rundown hotel. Most of their workers work for a free room and on drugs. It's been almost 3 weeks and when I asked about getting paid, the... Read more »

Kyle Anderson
Kyle Anderson answered on Aug 5, 2020

Hi. More facts are needed to fully analyze your situation - I think there is an independent contractor v. employee issue here. If you are considered an employee of the hotel, you could sue under federal and state law for unpaid minimum wages for the work you performed. The remedy if you are... Read more »

1 Answer | Asked in Employment Law for South Carolina on
Q: If i work under the table and don't get paid for 3 weeks for work can i sue to get it

Only proof of hours worked is a written time sheet in employer possession

Kyle Anderson
Kyle Anderson answered on Aug 5, 2020

Hi, federal and state law requires you be paid a minimum wage for hours worked. Thus, if you weren't paid for hours worked, you can sue to recover at least the minimum wage. I would recommend reaching out to an employment law attorney for a consultation and to determine your options.

1 Answer | Asked in Employment Law for Illinois on
Q: Does my husbands employer have to pay him to quarantine due to being exposed to COVID 19?
Kyle Anderson
Kyle Anderson answered on Jul 29, 2020

Hi, this depends on the size of your husband's employer. If they have less than 500 employees, he is eligible to receive up to two weeks (up to 80 hours) of paid sick leave at his regular rate of pay if he is unable to work due to being quarantined or experiencing COVID-19 symptoms and seeking... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Can my employer get away with not paying me for meeting and wait time?

I work for a company where I install security alarms. I get paid for installation and am expected to upsell for which I would receive a commission. I also get paid mileage for my personal vehicle. However, I get nothing for the mandatory morning meetings, nothing for doing inventory and when... Read more »

Kyle Anderson
Kyle Anderson answered on Jul 29, 2020

Hi, more facts are needed to fully evaluate your employment situation. Are you paid hourly? Do you work more than 40 hours per week? Generally speaking, attendance at the morning meetings needs to be paid unless the following four criteria are met: (1) the meeting it outside normal working hours;... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Can I get another job while on administrative paid leave?

I'm currently on administrative paid leave due to my pre-existing health condition that prevents me from wearing a mask

(mask wearing policy is new due to covid pandemic) and I can not work from home to do my job as a warehouse receiver. Can I get another job while on admin leave? Can... Read more »

Kyle Anderson
Kyle Anderson answered on Jul 22, 2020

Hi, do you have any employment contract or agreement that you signed? Sometimes employers have non-compete provisions in those agreements that would subject you to litigation if you accepted another job and were in violation of it. Otherwise, generally speaking there is no law precluding you from... Read more »

1 Answer | Asked in Employment Law for Oklahoma on
Q: Is it legal to change incentive amounts given after employees reach the goal and were told a higher incentive prior.

work at a bank and we have quarterly incentives for meeting certain goals. The incentive amounts are established every January for the amount that is received if we meet our goal for each quarter. This past quarter since Covid our lobbies have not been open. Therefore, they changed the requirements... Read more »

Kyle Anderson
Kyle Anderson answered on Jul 22, 2020

Do you have some sort of employment contract or agreement that obligates them to pay the bonus at the prior incentive amount? If not, employers are generally not required to pay an incentive bonus at all.

1 Answer | Asked in Business Law, Contracts and Employment Law for Nevada on
Q: Looking for help for breach of contract

I have worked as a remote independent contractor recruiter working in Texas for a staffing agency located in Las Vegas, Nevada. My compensation was not paid completely as agreed in the contract and the agency made me work other job that was not described in the contract. I was told by my other... Read more »

Kyle Anderson
Kyle Anderson answered on Jul 15, 2020

Sometimes these contracts have a clause that determines the state in which an action may be brought for a breach. I would review your contract and see which state you would need to bring action in, then start reaching out to employment law attorneys in that state for a consultation and to discuss... 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.
Kyle Anderson
Kyle Anderson answered on Jul 15, 2020

Hi, there isn't a straight-forward answer to this. You are an at-will employee, so if your employer requires you to wear a mask, and you don't, you can be terminated. However, if you have an underlying medical condition (that qualifies as a disability under the Americans with Disabilities... Read more »

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1 Answer | Asked in Employment Law for Illinois on
Q: I work for a company in OH. My home office is in IL. I've worked there for 1 year. Am I covered under the 2 year rule

Regarding a non compete.

Kyle Anderson
Kyle Anderson answered on Jul 8, 2020

Hi. In Ohio, there isn't necessarily a "rule" regarding how long a non-compete can be enforced. It is a matter of how the non-compete provision you signed is written. More facts are needed to analyze your situation. I would recommend reaching out to an employment law attorney in your... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Alabama on
Q: I am a private caregiver that was hired by a elderly couple sons. At the beginning of my employment a year ago one of

Their sons was asking my coworkers if they thought that I was a crackhead and at the end of my employment. That same son made some sexual advances towards me. This caught me off guard, had me extremely nervous, uncomfortable and scared. Because of my fear of him and loosing my job, when he asked me... Read more »

Kyle Anderson
Kyle Anderson answered on Jul 8, 2020

Hi, there is a claim called "quid pro quo" sexual harassment. This occurs when a job benefit is directly tied to an employee submitting to unwelcome sexual advances. Based on what you stated above, it sounds like your continued employment was tied to you going on a date with the... Read more »

1 Answer | Asked in Employment Law and Civil Rights for Ohio on
Q: My manager fired me for retaliation. What should I do now?

I worked in a restaurant kitchen. My manager wanted to fire me for a while because I once point out that she did not follow the rules announced on the very morning. She cut off my working time while added my working load. Then she ganged with other employee to harass me –to test my temperature... Read more »

Kyle Anderson
Kyle Anderson answered on Jul 1, 2020

Hi, more facts are needed here to fully evaluate your claim, but it doesn't appear your termination was unlawful based on what you stated here. Your termination could have been unlawful if it was based on your race, color, gender, religion, amongst other things. I would reach out to an... Read more »

1 Answer | Asked in Employment Law and Health Care Law for South Carolina on
Q: I have been sent home twice for 2 weeks each time due to covid. They say I will not be paid this time around.

The first time I had a cough and it took the full 2 weeks to get a covid test result. It was negative and all I had was bronchitis. I was paid during this time (supposedly from the CARES Act even though I was covid negative). This most recent time my boss got covid on vacation, brought it into work... Read more »

Kyle Anderson
Kyle Anderson answered on Jul 1, 2020

Hi, good question. The Families First Coronavirus Response Act (FFCRA) requires some employers to provide employees with paid sick leave for absences related to COVID-19. The requirement only applies to companies with less than 500 employees. If your employer has less than 500 employees, you may be... Read more »

1 Answer | Asked in Employment Law for Kansas on
Q: My boss fired me on payday and did not pay me for the last 3 weeks I worked. What can I do?

I have most of my recent stubs and wittnedss.

Kyle Anderson
Kyle Anderson answered on Jun 26, 2020

Hi, an employer is required by federal law to pay you minimum wage for all hours worked. The employer is also required to pay you at an overtime premium rate of one and a half times your normal hourly rate for all hours worked over 40 in a work week. If you haven't been paid minimum wage... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: I underwent sexual harrasment at my work place for two weeks, I then texted my boss saying I needed to quit, planning on

Putting my two weeks notice in, the next morning when I showed up to see about the paperwork for such a thing, my assistant manager yelled at me to leave the store because I had quit, even though I hadn't filed the paperwork yet, punched me and physically threw me out of the back door of my... Read more »

Kyle Anderson
Kyle Anderson answered on Jun 26, 2020

Sounds like there is a lot going on here and more facts are needed to fully evaluate your claim. If the sexual harassment was so severe or pervasive that it affected your ability to perform your job, you may have been subjected to a hostile work environment. I would recommend reaching out to an... Read more »

1 Answer | Asked in Employment Law for Virginia on
Q: I am a Registered Nurse working for a large company and have been in a retaliation and hostile work environment.

Reported my Director at work and was quickly retaliated against. Have been harassed and made fun of. My staff as well have been treated poorly. We have reported to the Compliance Hotline and am currently at home without pay until something is resolved by now 2 weeks and no answer. Please help..... Read more »

Kyle Anderson
Kyle Anderson answered on Jun 18, 2020

Hi, more facts are needed to evaluate your situation. However, generally speaking, there is no legal protection from general harassment or bullying in the workplace. If that harassment is sexual harassment, or based on a health condition, your sex, skin color, religion, etc., it may be unlawful... Read more »

1 Answer | Asked in Criminal Law, Employment Law, Workers' Compensation and Business Law for Montana on
Q: I am owed wages from my previous employer, instead of paying, they've threatened to kill me, can i sue?

I was getting paid by company check, then started being paid in cash. I asked about it and was threatened with physical harm and when i reported the threats my hours were cut and haven't been paid for my last 5 weeks of work. Each time, I'd call I'd be given excuses and then i... Read more »

Kyle Anderson
Kyle Anderson answered on Jun 18, 2020

Hi, the Fair Labor Standards Act requires you to be paid at least the minimum wage for all hours worked. If you worked any overtime, you would also be entitled to that as well. I would reach out to an employment law attorney in your state to discuss options.

1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Washington on
Q: Should I file EEOC and sue?

My employer cut my hours and days due to my "negative energy" aka my depression. It has never affected me with my clients but my coworkers were "concerned" and told my manager who the district leader told her to cut my hours without talking to me before doing so.

Kyle Anderson
Kyle Anderson answered on Jun 10, 2020

I would recommend reaching out to an employment attorney in your state for a consultation. Your depression may qualify as a disability under the Americans with Disabilities Act, so an adverse employment action (pay cut, termination, etc.) taken on the basis of your depression may be unlawful.

1 Answer | Asked in Employment Law for Washington on
Q: I have been terminated from my employment due to company restructuring. What happens if I sign a separation agreement?

My employer restructured the business and eliminated my position. The separation agreement states in order to be paid out my severance and vacation, I must agree not retaliate or seek legal action against the company. I am an older employee with a 23 year work history. If I refuse to sign, can they... Read more »

Kyle Anderson
Kyle Anderson answered on Jun 10, 2020

Yes. The employee handbook is not a binding contract. I would recommend reaching out to an employment attorney in your state for a consultation and/or severance review. During the meeting, you can discuss the circumstances surrounding the position elimination, whether or not you have any legal... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Texas on
Q: My employer refused to pay my last check under some made up circumstances. What are my options

He lied about fees and charges until he made up an advance pay that I never received or requested or signed for. I have all emails and texts where he had payroll and HR involved in the scam. All the time knowing I have a medical condition where stress is not recommend. He is out of state Indiana

Kyle Anderson
Kyle Anderson answered on Jun 3, 2020

Federal law requires an employer pay its employees at least the minimum wage for all hours worked. However, certain advances may be taken out of an employees' check and not result in a minimum wage violation. I would reach out to an employment law attorney in your state for a consultation and... Read more »

1 Answer | Asked in Employment Law for Delaware on
Q: if I have a contract that says both parties must have a 60 day notice for termination, can I be terminated with only 2

I have been furloughed for COVID, now my boss is telling me she cant afford to bring me back and can only pay me for 2 more weeks or I will have to renegotiate my contract. I am getting ready to sign a mortgage so this ie really putting me in a bind.

Kyle Anderson
Kyle Anderson answered on Jun 3, 2020

I would recommend reaching out to an employment law attorney in your state. It sounds like your employment is governed by a contract, so if your employer is not meeting their obligation within that contract, they may be in breach. There are different strategies that can be taken depending on your... Read more »

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