Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Kyle Anderson
1 Answer | Asked in Employment Law for Maryland on
Q: I was terminated after 9 months, employer stated I was not qualified. I had to complete presentations & pre-employment

Is this legal? I passed pre-employment skills testing, etc.No warings ( written or verbal), etc. No reviews or 1 on 1 meetings.

Kyle Anderson
Kyle Anderson answered on Feb 12, 2020

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 »

1 Answer | Asked in Employment Law for New Hampshire on
Q: If I put on an employment contract the amount of an annual salary, am I obligated to pay that even if the employment

is terminated before the end of the contract?

Kyle Anderson
Kyle Anderson answered on Feb 12, 2020

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 »

1 Answer | Asked in Employment Law for Kentucky on
Q: Is there a law against paying employees less than their normal wage when they work their normal hours?
Kyle Anderson
Kyle Anderson answered on Feb 6, 2020

In most cases, the law only requires an employer to pay minimum wage and overtime (for hours worked over 40 in a workweek).

2 Answers | Asked in Employment Law for Florida on
Q: My employer won't pay out earned vacation time I requested before terminating my employment.

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 »

Kyle Anderson
Kyle Anderson answered on Feb 6, 2020

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 »

View More Answers

1 Answer | Asked in Employment Law on
Q: Do I have a discrimination and slander in the work place I'm being told that the managers is talking about me and said

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

Kyle Anderson
Kyle Anderson answered on Jan 30, 2020

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 »

2 Answers | Asked in Employment Discrimination and Employment Law for Missouri on
Q: Can an employer not pay you for hours you’ve already worked, because they feel as if the job wasn’t done properly?

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 »

Kyle Anderson
Kyle Anderson answered on Jan 30, 2020

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 »

View More Answers

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: I believe I was wrongfully terminated and wrongfully denied my earned PTO pay upon leaving. Do I have a case?

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 »

Kyle Anderson
Kyle Anderson answered on Jan 24, 2020

Hi, the FMLA is a complex area of law and more facts are needed to fully evaluate your situation. Please reach out to an employment law attorney in Ohio.

1 Answer | Asked in Employment Law for Texas on
Q: My boss took money out of my account with out telling me. Is this legal.

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 »

Kyle Anderson
Kyle Anderson answered on Jan 23, 2020

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 »

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: I’m looking for an employment law attorney or litigation attorney I got the letter from EEOC right to sue I need help

I got let go while I was off work on disability wrongful termination TEC found in their findings it was medical verifiable illness so I won my case it to EC I did collect unemployment

Kyle Anderson
Kyle Anderson answered on Jan 23, 2020

Hi, you should search for employment law attorneys in your state. Some you may be able to find through Google. Good luck moving forward.

1 Answer | Asked in Employment Law for Indiana on
Q: In Indiana, may my supervisor terminate me for filing a harassment claim against a coworker?

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 »

Kyle Anderson
Kyle Anderson answered on Jan 15, 2020

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 »

1 Answer | Asked in Employment Law for Ohio on
Q: Hi; Wondering if you might answer a question for me?

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 »

Kyle Anderson
Kyle Anderson answered on Jan 15, 2020

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.

4 Answers | Asked in Employment Law for Ohio on
Q: Can my employer request me to come in 15 min early and not pay me? I have done this for 5 years with out fail.

Also if they have to pay me, will it be considered overtime?

Kyle Anderson
Kyle Anderson answered on Jan 8, 2020

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.

View More Answers

1 Answer | Asked in Business Law and Employment Law for Kentucky on
Q: Employer claims that they do not need to compensate employees for time spent donning and doffing on meal breaks.

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 »

Kyle Anderson
Kyle Anderson answered on Jan 6, 2020

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 »

1 Answer | Asked in Employment Law for Ohio on
Q: I got an offer from a company (currently it is my employer client), but I never worked for this client, Can i join this?

"The Company respects your right to engage in private activities and personal business beyond your

employment with us, providing such activities do not conflict with the interests of the Company. However,

Associates are not permitted to hold employment or contractor positions... Read more »

Kyle Anderson
Kyle Anderson answered on Jan 6, 2020

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.

1 Answer | Asked in Employment Law and Business Law for New York on
Q: Can my boss demote me with no reason ?

My boss hired a new manager to take over my spot without telling me without having any write ups and demoted me and dropped my pay from 20$ to 18$ to $16 and cut my hours. What can I do ?

Kyle Anderson
Kyle Anderson answered on Dec 31, 2019

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 »

1 Answer | Asked in Employment Law for Kansas on
Q: I was let go from my job after having a seizure while my job put me on leave my doctor said i would need accomidations

I had a seizure 3 days before went back that night with a note went on the floor and had another seizure havent been back since

Kyle Anderson
Kyle Anderson answered on Dec 30, 2019

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 »

1 Answer | Asked in Employment Law for Kentucky on
Q: Hello, I am trying to confirm Kentucky law, as my employer feels he does not have to pay overtime due to KRS 337.285

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 »

Kyle Anderson
Kyle Anderson answered on Dec 30, 2019

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 »

1 Answer | Asked in Employment Law for Kentucky on
Q: I was placed on light duty due to a foot injury for 19wks, after I was released to full duty my employer fired me.

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 »

Kyle Anderson
Kyle Anderson answered on Dec 30, 2019

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 »

1 Answer | Asked in Contracts and Employment Law for Washington on
Q: Can a company pursue whoever they want to reimburse them for relocation allowance?

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?

Kyle Anderson
Kyle Anderson answered on Dec 13, 2019

Generally speaking, yes they can. You may want to consider reaching out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Employment Law and Employment Discrimination for Washington on
Q: Is this illegal and do you think I would stand a chance if I took it to court???

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 »

Kyle Anderson
Kyle Anderson answered on Dec 13, 2019

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 »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.