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Questions Answered by Rhiannon Herbert
1 Answer | Asked in Employment Law for South Carolina on
Q: Is training time supposed to be compensated

I work for a Home Health Care agency as an attendant to the person I live with, my fiancée. I am reimbursed through a Medicaid Waiver program, who pays my employer to pay me to take care of him for 13 hours a week in our home. My employer who pays me these Medicaid reimbursements is requiring... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Oct 28, 2020

While there are numerous factors courts consider for this type of situation, from what you've described, it sounds like your training sessions should be paid. If training sessions are made mandatory by the employer and directly relate to the job duties you perform, then you should be paid for... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Virginia on
Q: I have a question involving what I believe to be unfair treatment by my employer.

I work for a large hospital system. I was employed by them in Nov 2018 as a Senior Staffing Coordinator for their in-house long-term float pool. (Staffing Solutions is the department.) When COVID cases began to surge in the early part of 2020, a new department was created called the Resource... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Oct 28, 2020

As long as you are being paid for the extra hours you're working (and if you are paid by the hour, overtime pay for hours worked over 40 in a week), your employer is allowed to add on job duties and change your schedule at any time. While your situation sounds unfair, there is nothing unlawful... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Nebraska on
Q: can i get fired for giving my work a weeks notice i won’t be able to come in on a certain date?

i gave them a weeks notice and told them i need it covered.

Rhiannon Herbert
Rhiannon Herbert answered on Oct 20, 2020

In at-will employment states, employees can be fired for any reason or no reason at all, as long as the reason isn't discriminatory (i.e. based on your race, sex, age, religion, disability). While your situation seems unfair, your employer's actions are not unlawful.

1 Answer | Asked in Employment Law for Oklahoma on
Q: My child requires 24 hour monitoring due to congenital disorder. He cannot go to a sitter or daycare due to him being

Immune compromised. Now my husband's work wants him to work at night. Can he legally have them change his schedule to accomadate his sons medical condition?

Rhiannon Herbert
Rhiannon Herbert answered on Oct 20, 2020

Your husband can request a schedule change, but his employer is not required to grant the request. While employers are required to offer reasonable accommodations under the Americans with Disabilities Act, the ADA only applies to the individual's own medical conditions, not the medical... Read more »

1 Answer | Asked in Employment Law and Civil Rights for Tennessee on
Q: A customer used a racial slur, my friend politely told her it made her uncomfortable. The company fired my friend.

The customer complained to management who then fired my friend. The incident was not on company premises and my friend up to that point had been a highly valued employee. She was one of only three they kept on after bringing back everyone from furlough. My question is: is this actionable? Are they... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Oct 20, 2020

Generally speaking, in at-will employment states, employees can be terminated for any reason or for no reason at all. However, an exception to this rule exists if the employee is terminated for a discriminatory reason. For example, if other employees WITHIN the company have treated your friend... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New Hampshire on
Q: Can your employer change how you use your vacation time in the middle of the year? Explanation below.

We have always been able to call out and use vacation time to cover hours lost.( I have been at the same work place for over 27 years). More than half the employees have already used up their vacation time by calling out(without any prior notice). Now, my employer decides to say you can no longer... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Oct 14, 2020

While this policy change seems unfair, there is nothing unlawful about it. Employers are not required to offer paid time off such as vacation time, so as a result, they have a lot of discretion regarding the rules and policies they create for using vacation time.

1 Answer | Asked in Employment Law on
Q: Good evening,Can we be asked to work overtime for free playing on the fact we're on a one week in/off due to Covid?

Good evening,

Since the beginning of the Covid crisis, we've split the team at work first because we need to follow maximum occupancy of the rooms and obviously to protect our staff from contamination. We've been then working on a one week in/one week off rota basis, fully paid.... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Oct 14, 2020

The answer to this question will depend on (1) whether you're paid on an hourly or salary basis, and (2) the total hours you work per week. If you're properly paid on a salary basis, then your employer can require you to work extra hours. If, however, you're paid by the hour, and you... Read more »

1 Answer | Asked in Employment Law for Indiana on
Q: Is it legal for my job to fire me for taking off to care of my newborn while my unwed partner is sick in the hospital?
Rhiannon Herbert
Rhiannon Herbert answered on Oct 7, 2020

Whether you are protected under the law will depend on the size of your employer and how long you were with the employer. The Family and Medical Leave Act ("FMLA") offers unpaid leave if you need to care for a child as you described above, but it only applies if (1) your employer employs... Read more »

1 Answer | Asked in Employment Law for Georgia on
Q: Had corona employer said It was okay to quarantine came back said they hired new person and can’t afford me .

My boss gave me corona and I had to quarantine and they said everything was fine I go to go back today and they tell me they have been training a new guy and said they can’t afford to pay both of us

Rhiannon Herbert
Rhiannon Herbert answered on Oct 7, 2020

Depending on the circumstances, you may have a claim for disability discrimination and/or failure to accommodate under the Americans with Disabilities Act. The ADA protects qualified individuals with disabilities from discrimination such as termination based on a disability. However, COVID-19 may... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Virginia on
Q: Is my employer (Oregon) supposed to pay out accrued PTO if it is their in the employee handbook? I'm working from VA.

I have given my 2-week notice and will soon be leaving my current job. I have about 40 hours PTO accrued. I am located in Virginia as a remote worker but my employer is in Oregon. Is my employer required to pay out my PTO for my final paycheck? Their employee handbook says that they will pay out... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Sep 30, 2020

Generally, the payment of PTO upon termination will be governed by your employee handbook. If your handbook is up to date and says PTO for individuals who work your job will be paid out upon termination, then you should receive your remaining unpaid PTO upon termination.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Is an employer allowed to hold you back from employment based on medical conditions?

I passed a background check and the required physical testing and the nurse is still questioning my anxiety and hep C. Also non narcotic medicine that I take such as flexiril and ibuprofen 800. I have been dealing with GE appliances in this since Aug 18th 2020.

Rhiannon Herbert
Rhiannon Herbert answered on Sep 30, 2020

Assuming your medical conditions would not prevent you from performing your job, you may have a claim for perceived disability discrimination under the Americans with Disabilities Act. The ADA offers protection to individuals with disabilities and to individuals whose medical conditions do not... Read more »

1 Answer | Asked in Employment Law for Iowa on
Q: I live in Iowa my employer gives me a 15 and 20 minute paid break but takes a half hour out of my daily pay for a meal

break .IAM paid hourly .Is this leagal

Rhiannon Herbert
Rhiannon Herbert answered on Sep 23, 2020

The answer to this question depends on whether you are actually able to take the half-hour lunch break in addition to your 15 and 20-minute paid breaks. Breaks of 20 minutes or less must be paid, but breaks of half and hour or longer can be unpaid, as long as you are completely relieved of any work... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: if I was laid off from work, is it legal for the employers to put an ad out hiring for my same position?
Rhiannon Herbert
Rhiannon Herbert answered on Sep 23, 2020

There is nothing inherently unlawful about the above situation. Since Maryland is an at-will employment state, you can be laid off or terminated at any time and for any reason or no reason at all, as long as the reason isn't discriminatory. So in your situation, the answer to your question... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: Am I able to collect unemployment if I quit my job due to mental stress and hostile work environment?
Rhiannon Herbert
Rhiannon Herbert answered on Sep 16, 2020

People who voluntarily quit their jobs usually are not entitled to unemployment benefits. However, an exception to this rule exists if you can prove that a reasonable person would be forced to resign under the conditions of employment you were exposed to. To make this argument, you should list out... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Ohio on
Q: Boss left a letter on my desk saying I voluntarily resigned in a FB post and effective immediately leave. Was I fired?

The FB post was on my private personal account, it did not mention the business or anyone by name and my profile does not list where I work. I complained very angrily about her lack of enforcement on the mask mandates in the office and I did swear saying an A-hole customer was putting my health at... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Sep 16, 2020

Ohio is an at-will employment state, meaning you or your employer can terminate the employment relationship at any time and for any reason (as long as the reason isn’t discriminatory). It sounds like you have been fired here based on what happened. As for unemployment, your employer can challenge... Read more »

1 Answer | Asked in Employment Law on
Q: Can my employer ask me to resign or fire me for getting married to a fellow employee even though there's no policy
Rhiannon Herbert
Rhiannon Herbert answered on Sep 9, 2020

Unfortunately, in at-will employment states, your employer can terminate your employment at any time and for any reason, as long as the reason is not discriminatory (defined as based on your race, sex, age, disability, or religion). While this situation certainly seems unfair, the reason for your... Read more »

1 Answer | Asked in Employment Law for Virginia on
Q: I have a welcome letter that states specifically my rate of pay and schedule will not change. Is this binding?
Rhiannon Herbert
Rhiannon Herbert answered on Sep 9, 2020

Offer or welcome letters like the one you described are typically not considered binding employment contracts, even if it specifies your rate of pay or hours per week. Unfortunately, the law doesn't offer much protection if your employer decides to reduce your rate of pay or change your... Read more »

1 Answer | Asked in Employment Law for Tennessee on
Q: If I work 2 full time jobs (no conflict of interest), can I overlap maternity leave from both of them?

Individually, I qualify for a full leave from each. I just don’t know if it’s allowed to use from 2 full time jobs.

Rhiannon Herbert
Rhiannon Herbert answered on Sep 2, 2020

There aren't any federal laws that govern or regulate maternity leave, so this sounds like something you will need to work out with both employers individually. If you qualify for the maternity leave you will need for both companies, and each company is aware that you work another job, then... Read more »

1 Answer | Asked in Employment Law for Georgia on
Q: I was underpaid by 2 dollars per hour for 6 months, can I get any of that pay back ?

I need to know if my employer is obligated to pay me at the original rate, I was paid 15 dollars an hour instead of 17 dollars an hour for 6 months, the hr department made a mistake with the payroll company, I was paid less than I should have been per hour

Rhiannon Herbert
Rhiannon Herbert answered on Sep 2, 2020

The Fair Labor Standards Act only requires that employees be paid at least minimum wage for each hour worked. However, if your employer has admitted it has made a mistake here, it may be worth it to request the issue be fixed in writing, both to your supervisor and to your HR department.

1 Answer | Asked in Employment Law for Georgia on
Q: Employer is deducting one hour for lunch but only giving one 30 minute break.

The problem has been reported to the supervisor and management many times over a 3 year period but no change has been made.

Rhiannon Herbert
Rhiannon Herbert answered on Aug 26, 2020

The policy you've described above is unlawful under the Fair Labor Standards Act (FLSA). While employers need not pay you for breaks lasting 30 minutes or more, if your break is cut short, you must be paid for time you are performing work. In your situation, the 30 minutes you receive for... Read more »

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