She was told that she had to take the company phone home with her and be "on call" until 9:30 each night (she works from 7:30-4:30 normally) in order to get a raise. Now they are adding Sundays as well saying that was discussed and it was not.
More information is needed here. It sounds like you are describing a non-compete agreement. If you violate the terms of the non-compete agreement you signed, the employer can sue you. I would highly recommend consulting with an employment law attorney in your state before you proceed with other...Read more »
Hi, it appears New Mexico is a one-party consent state. That means as long as one party to the conversation gives consent (which could be you), you can record the conversation. I would consult an attorney in your state before taking any action.
Hi, more info is needed here. The paid sick leave and expanded family and medical leave provisions of the FFCRA apply to certain public employers, and private employers with fewer than 500 employees. If your employer is covered (i.e., have less than 500 employees), you may be eligible for two weeks...Read more »
I have worked with my employer since Nov. 2018. In March of 2020, our restaurant was switched to curbside pickups only. They gave us the option to switch to unemployment because they would only keep a couple employees to work due to covid. April, I received orders for active duty starting 4/20 for... Read more »
I highly recommend reaching out to an employment attorney in your area to discuss options. This sounds like discrimination based on military service, which would be a violation of USERRA. The employer is required to place you back in the same position (or the position you would have attained had...Read more »
I'm currently on leave under the FFCRA or expanded FLMA. Labor day fell during my leave and my employer is refusing to pay me for it and won't explain why. All I've been told is that they have less than 50 employees so they didn't have to participate in offering FMLA, and I... Read more »
Hi. Under the FFCRA, an employer with fewer than 500 employees is required to offer up to two weeks (80 hours) of paid sick leave at the employee's regular rate of pay if you are quarantined, or, at two-thirds your regular rate of pay if you are unable to work to care for a child whose school...Read more »
She owns 3 other adult foster homes and is very understaffed, she has asked me to work 7 consecutive 24 hour shifts I do get to sleep during the night though. I get paid $200 per 24 hour shift and while I would just quit there would be no one to cover my shifts and I can’t leave the residents... Read more »
Hi, she can ask you to do that, yes. I think there is a minimum wage issue here that you may not realize. $200 divided by 24 hours = $8.33 per hour. It looks like Washington state's minimum wage is $12.00 per hour. I would reach out to an employment law attorney for a consultation if you are...Read more »
I live in Tennessee and work for a medium sized business based in Illinois. My job involves traveling to clients and performing monthly servicing of equipment. I have no managerial responsibilities, no direct reports, and no sales responsibilities. Also, no special skills are required to do my... Read more »
A lot more facts are needed to analyze whether or not you should be classified as exempt. However, your situation does sound similar to cases we have handled in the past. There is an issue with the amount of money you are making that broadens the argument for your employer. If you are improperly...Read more »
Are you in a Union or is your employment governed by a Collective Bargaining Agreement or Employment Contract? If not, you have very little rights. You need to provide more information for a more thorough analysis, but Alabama is an at will state, meaning you can be terminated for any reason or no...Read more »
I was told to quarantine in march after traveling, but no federal, state or local government issued a mandatory quarantine after travel. So my work decided to tell me to quarantine for a week, which normally is 2 weeks so that doesn't make sense already. And they forced me to use 1 week of the... Read more »
Hi, if your employer has fewer than 500 employees, they are likely covered by the FFCRA. The FFCRA requires employers to pay employees for up to two weeks (80 hours) at the employee's regular rate of pay if the individual is unable to work because the employee is quarantined (pursuant to...Read more »
One of my bosses is aware of my depression. The rest are not. A week ago it was slow at work, we close at 9, and another boss of mine who is not aware of my depression, asked if I wanted to go home early. I said yes, because I assumed it was because we were slow. The next night, my boss who is... Read more »
Hi more information is needed to fully evaluate your situation. However, it seems as though your depression was taken into account when your manager wrote you up for your "sullen attitude." Your depression may qualify as a disability under the Americans with Disabilities Act. I would...Read more »
While still an employee on vacation and months before my retirement date. The company is now offering an early retirement package. I was sent an email notification stating I am eligible for this as well as details and amounts on what I would receive if I elect to take this package. I am not sure if... Read more »
Hi. I would accept the package in writing. You can work with your employer on a return to work date and finishing out the year and the employer can determine if there was any error in sending you the offer. In most cases, if someone makes an offer and that offer is accepted, the agreement is...Read more »
I was one of the last to be let go when I was laid off and offered severence pay. Now that they called people back to work with my application on file the company and the plant refuse to hire me back. When I was working for them I was always on time and went to work everyday always do what was... Read more »
Hi, more information is needed to fully analyze your claim. Do you have any idea why they are not bringing you back? They would be within their rights to not hire you back as long as that decision was not based on your age, race, religion, or other protected classes. Did someone explain to you why...Read more »
because of this I have left the company to find a better fit for me and I want to know if I can sue them for the lack of pay as it caused me to surrender a vehicle in my name and lose major credit score points?
More information is required to fully analyze your claim. If you needed to quarantine because you came into contact with covid-19 or needed time off to care for a child whose school or daycare shut down for reasons related to covid-19, and your employer has less than 500 employees, you may be...Read more »
Hi, more information is needed here but, yes, that appears to be under the federally required minimum wage. If that is the case, it is not okay, and would be a violation of law. I would recommend reaching out to an employment law attorney for a consultation.
Hi, there is not enough information here to fully evaluate your situation. If they are avoiding paying you for hours you worked, they would be in violation of federal minimum wage laws and overtime laws (if you worked overtime). I would recommend reaching out to an employment law attorney in your...Read more »
So my wife is a supervisior for a department at a hospital. So, in March she went out on leave because her dad was dying and returned back in late July. While she was out, her boss allowed the workers to pretty much do whatever they wanted and didnt hold them accountable for anything. Now that my... Read more »
There isn't really anything to be done in this situation from a legal standpoint. It is unfortunate that your wife is being placed in a difficult situation and is without assistance from her manager but I don't see anything unlawful here based on the facts presented. Was your wife taking...Read more »
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