More information is needed here. However, filing an EEOC charge against your employer is called a "protected activity," meaning you cannot be retaliated against based on your choice to file the charge. If, after you filed your charge, you noticed your employer started treating you...Read more »
Hi. I am an archaeological field tech getting paid hourly and working in Washington State. I also receive a daily stipend. I am wondering if I am an exempt from overtime or will I receive it? I just started a new job.
My wife was not given a reason She was just told that someone new would replace her. Is this some kind of discrimination. Is there something She can do about this or are they in their every right to do this ?
The answer to your question depends on your wife's employer's reasoning for terminating her. Texas is an at-will employment state, meaning employees can be terminated at any time and for any reason. The only exception to this rule is if an employee is targeted for termination based on a...Read more »
It has been nearly 6 weeks since I requested a medical exemption from the vaccine. My physician wrote a letter to accompany the request. I have an extensive medical history including myocarditis and prior Covid-19. I simply want an answer as to whether my employment depends on vaccination. The past... Read more »
More information is needed here. If you have followed up with your employer regarding your exemption status and continue to be ignored, and if you have been on unpaid leave status during this 6-week timeframe, then you may want to discuss your situation with an Oklahoma employment attorney and...Read more »
You should contact a Massachusetts employment attorney to discuss your situation. Under the Americans with Disabilities Act, it is unlawful for employers to retaliate against employees based on requests for accommodations (or, in your situation, complaints that the accommodation requested is not...Read more »
I dont know if this is the right place but my nephews employer won't let him come back to work. He started at the beginning of the summer. Ended up catching covid. He went to the doctor, did his quarantine over a month ago. Job says he still can't come back until he shows negative covid... Read more »
Your nephew's job is permitted to ask for a negative covid test or vaccination from your nephew, but they are not permitted to request negative covid tests or other medical information for everyone living in his household.
My company is based in Colorado and I live in Arkansas (work from home). On August 1st I noticed I was unable to login to one of the sites we use for the job. I immediately notified them and was given the login of someone who is above the team leads. Then I was given the login of my team lead later... Read more »
Employees must be paid for their work, and your employer's system issues do not give them an excuse not to pay you while the system is fixed. If you are still performing work during this time, you should keep track of the hours you work and submit these for payment like you would using the...Read more »
My employer says that they have to give us 30 minute lunches no matter what. In the past I have taken a 15 minute unpaid break and gone and clocked back into work. My employer went in after and changed my time card to say that I actually took a 30 minute unpaid meal and said that they have to make... Read more »
Break times of 30 minutes or more can be unpaid, but this must be an "uninterrupted" break. If you have to work during any portion of the 30 minutes, you must be paid for the time you work. However, your employer can adopt a policy prohibiting employees from working during their lunch...Read more »
I work in a factory with 12 hr shifts from 5:30 to 5:30. Employees are allowed to clock in up to 30 minutes early. My department is required to go to the floor and relieve the other shift and start working at 5:15 . In pursuant of being compensated accordingly, I refused to show up early and not... Read more »
Employees must be compensated for all time they work, but employers are permitted to mandate early arrivals, late departures, or otherwise change your schedule as long as you are paid for it. In this situation, your employer is permitted to ask you to begin work at 5:15 instead of 5:30 assuming the...Read more »
I'm a Healthcare provider in NYS and do not want to be vaccinated. I am being asked to resign. What are the risks/benefits for resignation verses being laid off or terminated? I understand I will not get unemployment
The main benefit of resignation is that you will not have a termination on your record. For example, when applying for new jobs, many job applications will inquire as to whether you've ever been terminated from a previous job. By resigning in lieu of being terminated, you will avoid any...Read more »
Under exempt employees salary laws. It says if you manage two or more employees you are exempt from overtime. I worked as a night manager at a quick-serve restaurant. Most nights I worked I would be with one employee but they would change out with other employees depending on the shift. Every so... Read more »
More information is needed here. Under the executive exemption, you are exempt from the overtime pay requirements of the FLSA if you manage at least 2 employees or their equivalent (among other requirements). This can be two full-time employees, or their "equivalent" (i.e. two part-time...Read more »
A friend recently (~5-6 months ago) signed on with a small company as a photographer/media organizer in Missouri. After a few months, we noticed that she was very frequently working weekends and seemed to have few days off. We asked her about it, and she expressed frustration with her schedule.... Read more »
This would depend on what her contract says, but based on your description, it sounds like her contract is silent on her schedule or hours of work. If this is the case, then there isn't much that can be done from a legal standpoint other than to ensure she is being properly paid for the work...Read more »
Unless you have an employment contract that states otherwise, New Jersey is an at-will employment state, meaning you or your employer can terminate the employment relationship at any time for any reason or no reason, and no notice is required.
I need to seek advice regarding an decline of my resignation letter to a company. I work for an Autism company as a Board certified Behavior Analyst. I respectfully put in my 2 week notice as stated in the company handbook. The company declined my resignation letter and stated oh... Read more »
At-will employment states do not require you to provide any notice before resigning your employment. Your employer cannot force you to continue working after your two-week notice period has expired. in addition, assuming you can transition your workload to other individuals over the next two weeks,...Read more »
Employers are permitted to seek "recertification" paperwork, i.e. updated doctors' restrictions explaining the need for the accommodation, for all accommodation requests, whether new or outstanding. These recertification requests can occur periodically throughout the course of your...Read more »
I am in accounting and last week I left a job with a software company to join a hospitality company. A former coworker I used to supervise had asked when I was leaving where I was going. I told him and nothing else was discussed. When I started at my new company he texted me and said he had applied... Read more »
The answer to this question depends on the specific language used in your non-compete with regard to the solicitation of employees. If your former employer contends that you violated your agreement, you should reach out to a Colorado employment attorney for a consultation and review of your...Read more »
Is this an unfair dismissal being that he was already working for two weeks? He was approached by his supervisor of two weeks who told him the company does not hire people with his type of charge. Which was a sexual offense. The company he was working at was a metal crafting company
Unfortunately, there is no law that prohibits employers from firing or refusing to hire individuals based on prior criminal convictions. However, if you believe your husband was targeted for termination for a different reason unrelated to his past convictions, then you should contact an Arizona...Read more »
There is no law or rule that would disqualify you from being hired as a CNA on this basis. However, employers can adopt policies where applicants with criminal records are rejected. Unfortunately, there is also no law or rule that prevents employers from doing this.
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