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Questions Answered by Kyle Anderson
1 Answer | Asked in Employment Law for Maryland on
Q: I'm working an 40 hour work week, no lunch break and no breaks during the shift. WHat can I do

I"m on a contract with a security company for an insurance company, no breaks

Kyle Anderson
Kyle Anderson answered on Feb 24, 2021

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.

1 Answer | Asked in Employment Law for Virginia on
Q: After I left, do I get commission for jobs that I entered or only jobs that were completed?

My employer said he is only paying commission for jobs that were delivered or installed before I left.

Kyle Anderson
Kyle Anderson answered on Feb 24, 2021

This is typically dictated by state law. I would reach out to an employment attorney in your state for a consultation.

1 Answer | Asked in Employment Law for Iowa on
Q: What do I do if my previous employers hasn't paid the severance promised?

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 »

Kyle Anderson
Kyle Anderson answered on Feb 17, 2021

This may be a breach of contract issue, but more information is needed. I would recommend reaching out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Employment Law for Minnesota on
Q: I was terminated due to taking off work and then not coming in to help when I was called in during the time I had off.

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 »

Kyle Anderson
Kyle Anderson answered on Feb 17, 2021

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.

1 Answer | Asked in Employment Law for California on
Q: I have chronic medical conditions that have made it necessary to drastically cut my work schedule. I presented a doctors

Note to my supervisor. HR sent me a form for my doctor to fill out for more clarification. Am I legally required to comply with this?

Kyle Anderson
Kyle Anderson answered on Feb 10, 2021

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.

1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: I have a doc note but got fired due to no show
Kyle Anderson
Kyle Anderson answered on Feb 10, 2021

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 »

1 Answer | Asked in Employment Law for Texas on
Q: I am commission based, working for a company. Are they legally allowed to make us stay at work without pay?

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?

Kyle Anderson
Kyle Anderson answered on Feb 4, 2021

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 »

1 Answer | Asked in Employment Law and Mergers & Acquisitions for Arkansas on
Q: Is it illegal for a company to disclosing additional information about someone to another company weeks

Being blacklisted?

Kyle Anderson
Kyle Anderson answered on Feb 4, 2021

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 »

1 Answer | Asked in Employment Law on
Q: My work is not paying me for hours worked till they fully re open even though they still are doing take out .

Working but not being paid

Kyle Anderson
Kyle Anderson answered on Jan 27, 2021

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 »

1 Answer | Asked in Employment Law for Minnesota on
Q: Can my employer change my job title, decrease my pay by $10/hr, but not change the duties associated with my job?
Kyle Anderson
Kyle Anderson answered on Jan 27, 2021

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 »

1 Answer | Asked in Employment Law for Georgia on
Q: Can your employer pay you based on your personal kept timesheet one week and the guard shacks record the next?

gfhg

Kyle Anderson
Kyle Anderson answered on Jan 21, 2021

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.

2 Answers | Asked in Employment Law, Civil Rights, Employment Discrimination and Health Care Law for North Dakota on
Q: What can I do about harrassment in the workplace? HR and state are not doing anything.

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.

Kyle Anderson
Kyle Anderson answered on Jan 21, 2021

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 »

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2 Answers | Asked in Employment Law for California on
Q: Does my job pay me for mandatory training?

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 »

Kyle Anderson
Kyle Anderson answered on Jan 14, 2021

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.

It sounds like there are some issues...
Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for Kansas on
Q: My employer fired me out of retaliation and disability discrimination, can I win without exact dates of incidents?

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 »

Kyle Anderson
Kyle Anderson answered on Jan 14, 2021

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 »

1 Answer | Asked in Employment Law and Workers' Compensation for West Virginia on
Q: I was terminated for work performance three months after filing a worker's compensation claim. Do I have a claim?

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 »

Kyle Anderson
Kyle Anderson answered on Jan 6, 2021

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.

1 Answer | Asked in Employment Law for Nevada on
Q: My husband has worked for a place for ten plus years and the place is selling they told my husband he would be taken c

Care of when they sold the place my husband has never been paid by check only the monthly amount of our rent is he entitled to money for being under paid working 7 days aweek

Kyle Anderson
Kyle Anderson answered on Jan 6, 2021

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 »

3 Answers | Asked in Civil Litigation, Employment Discrimination and Employment Law for Kansas on
Q: Employment and Covid related laws in the state of Missouri

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 »

Kyle Anderson
Kyle Anderson answered on Dec 31, 2020

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 »

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1 Answer | Asked in Employment Law for Michigan on
Q: Is it legal for an employer to cut your pay without any notice?
Kyle Anderson
Kyle Anderson answered on Dec 31, 2020

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 »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Employment law attorney question

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?

Kyle Anderson
Kyle Anderson answered on Dec 29, 2020

Generally, you can sue in the state in which the company does business or the state in which the events that gave rise to your claim took place.

2 Answers | Asked in Employment Law and Employment Discrimination for Georgia on
Q: My husband is being forced to take leave without pay due to some medical restrictions that have been placed on him.

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 »

Kyle Anderson
Kyle Anderson answered on Dec 29, 2020

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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