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I work for an inhome caregiving company in oregon. I had one client & I care for him at his and his wife's home. Recently his wife became ill and now my boss has required me to also care for her as well. My boss has also added extra hours to my schedule and I've even had to work four... View More
answered on Mar 31, 2021
Are you being paid for all hours worked? That would be the only legal violation I see here. I don't see anything unlawful about your boss having you care for two people. If you are not being paid for all the hours you work, there could be an overtime or minimum wage issue here. I would reach... View More
I have a copy of my non-compete and can share it.
answered on Mar 31, 2021
Hello, you need to reach out to an employment law attorney in the state in which the non-compete is governed by. There is usually a choice of law provision towards the end of the agreement. Non-compete laws vary state to state, so only an attorney licensed to practice in the state in which it... View More
My ADA job accommodation request to work from home was denied. There is currently a vacant job (job was vacant at the time of my ADA job accommodation request) that my peers currently work from home. I've applied for the job, but haven't heard back. Does my seniority and ADA job... View More
answered on Mar 31, 2021
Hi, more information is needed here. An accommodation request does not give you priority if the employer has a policy that an employee must apply for a vacant position and they are given the same opportunity as the other applicants. However, some courts have held the opposite, and the disabled... View More
My job released a job announcement saying they will hire new grad nurses for $22-$25/hour with no experience and ASN. However, when I got hired back in 2017, they only offered me $17/hr and up to this day, I am still getting that amount after working for 3 years.
Apparently, they do these... View More
answered on Mar 31, 2021
Hello, more information is needed here. There isn't really anything you can do from a legal standpoint, unless you can show that the people getting paid a higher hourly rate are in jobs similar to yours, and that your lesser pay rate is discriminatory based on your gender, race, religion, etc.... View More
I asked my employer through their third-party administrator for an ADA accommodation once I go back to work they ignored 5x I called him out on it so they are pretending as if I asked for leave of absence as an accommodation and Backdated it as if it was approved the whole time is this illegal
answered on Mar 31, 2021
Hi, more information is needed here. This does not sound illegal, but rather, beneficial to you. If they are allowing you to have time off as an accommodation, it should not count against you for any absence related discipline. If you are having trouble with a request for accommodation outside of a... View More
And each contact/phone call is billable for this “for profit agency” My ability to visit family is limited as company phone (ATT) does not work in my home town; however, other carries will.
answered on Mar 10, 2021
Hi, more information is needed here. Are you paid for the time you actually spend on the phone? Is there a fixed amount of time that you are required to call back if you miss a call? There are many factors to determine whether on-call time is compensable. I would reach out to an employment law... View More
What types of proof would I need to have for a lawyer to say hands down I’m taking this case because this client has irrefutable evidence !
answered on Mar 10, 2021
Hello, more information is needed here. What is the specific accommodation you are requesting? It depends on that and the response the employer provides. I would reach out to an employment law attorney in your state for a consultation.
I refused a paycut but I feel they may still act on it even though I’ve refused.
answered on Mar 3, 2021
Hi, more information is needed here. Has anyone made any comments to you about your race or why you were the only selected for a paycut? I would reach out to an employment law attorney in your state for a consultation.
answered on Mar 3, 2021
Hello, under the Americans with Disabilities Act, you likely do not have protection. However, your leave may be protected under the Family and Medical Leave Act "FMLA", you may have protection depending on the seriousness of the injury, the size of the employer, and other factors. I would... View More
I"m on a contract with a security company for an insurance company, no breaks
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.
My employer said he is only paying commission for jobs that were delivered or installed before I left.
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.
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... View More
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.
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... View More
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.
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?
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.
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... View More
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?
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... View More
Being blacklisted?
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... View More
Working but not being paid
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... View More
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... View More
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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.
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