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Questions Answered by Rhiannon Herbert
1 Answer | Asked in Contracts and Employment Law for New Jersey on
Q: Do I still have to pay back a signing bonus if the clause does not specially say I need to?

The clause says “In appreciation of your full time

employment, a $10,000 bonus will be paid, with the understanding and agreement that you will work at [business name] for a year. A 1099 will be issued against this payment.” There is no language specifying repayment and I was a W2... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 22, 2022

You should have your full agreement reviewed by a New Jersey contract attorney to determine your rights and obligations under the agreement. There may be other portions of your agreement that alter or change the terms of the clause you listed, so a review that is limited to a specific clause in an... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: Is it illegal for companies to use your pto to fix the problems they have with their network?

My wife and her fellow employees have been forces to use pto when the company's network has a bug or other issues. Any time they have an issue they tell the employees not to log in and that their pto will be used until the issue is fixed. It happens at least once a month.

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 22, 2022

There are no laws that require companies to offer paid time off, so if your employer does offer this benefit, they can also control the terms of when it can (or must) be used, such as in the situation you described above.

1 Answer | Asked in Employment Law for Missouri on
Q: My boss has asked me to provide EMDR counseling for past trauma he experienced as a child. Can I ethically do this?
Rhiannon Herbert
Rhiannon Herbert
answered on Jun 15, 2022

There is nothing inherently wrong with providing these services to a supervisor, provided you are licensed to provide such counseling.

1 Answer | Asked in Employment Law for New Jersey on
Q: Question, is it legal an employer to put cameras with audio in the workplace without us knowing he did so
Rhiannon Herbert
Rhiannon Herbert
answered on Jun 15, 2022

Generally yes. These actions may be considered improper if you have an "expectation of privacy" in the area, but workplace common areas generally do not provide the "expectation of privacy" necessary to form a claim.

1 Answer | Asked in Employment Law for Kansas on
Q: Should I recieve my salary while not working for 6 to 8 weeks due to sickness. I am a salary exempt employee.

I have had open heart surgery which has me out of work for 6 to 8 weeks. I have completed FMLA forms. Being a salary exempt employee should I continue to recieve my salary and benefits. I have exhausted all personal time, vacation and sick leave as well. Employer is trying to treat me as an hourly... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 7, 2022

If you miss one or more full work days, your employer can deduct this time from your pay as a salaried employee. However, your employer cannot deduct less than one full day from your pay, meaning if you work any part of a workday, you must be paid for the full day.

1 Answer | Asked in Employment Law for Wisconsin on
Q: I signed a work contract, is this legal? “If you quit in 15 training days payment will not be provided for that period.”

And they have, “14 day notice required before quitting.”

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 7, 2022

Federal law requires that you be paid for all hours you actually work, including most training hours. Regardless of whether you signed this agreement, you must be paid for your training time. The 14-day notice requirement before submitting a resignation is permissible.

1 Answer | Asked in Employment Law for Texas on
Q: I work in retail in Tx and currently scheduled 14 days straight before my next day off. Is that allowed? I’m full time

My current work schedule is from my last day off on May 25th and my next day off will be June 8th. That’s 14 straight days without a day off. I work full time hours even though it says I’m part time. Would I get in trouble if I called in to take a day off for rest?

Rhiannon Herbert
Rhiannon Herbert
answered on May 31, 2022

Assuming you're 18 or older, there are no laws that limit the number of days or hours you can be scheduled to work. If you are concerned about your current schedule, you should approach your manager or HR department and ask to have one of these days removed from your schedule.

1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: Employment law and stock option grant question

Hi there--I was laid off from my job at a tech company last week. I have stock grants that vest 20% each year for 5 years. The lay-off occurred 10 1/2 months into my 2nd year of vesting, so I'm leaving a lot of money behind. I'm 54 years old and other people performing much worse than... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on May 31, 2022

You should contact a Tennessee employment attorney to discuss a potential age discrimination claim under the Age Discrimination in Employment Act (ADEA). As for your contract containing the stock grants and the separation agreement you were given, you should also have these reviewed by a Tennessee... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: Is a company allowed to separate from you without giving a valid reason?

I was at the corporate location in Desoto Tx working/training and was informed of the separation last minute and not given a valid reason. Now I am unexpectedly unemployed and no one from the company is taking my calls emails or texts to answer my general questions about compensation insurance and... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on May 24, 2022

Texas is an at-will employment state, meaning you or your employer can terminate the employment relationship at any time and for any reason, or for no reason at all. Thus, employers do not need to provide a reason for an employee's termination.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Employer violating handbook policy on vacation, sick and personal time .

Employer is not honoring hand book policy on leave time give. In the handbook it is stated in terms of days . Our facility is running permanent 10 and 12 hr schedule but vacation is accured based on 8 hour usage therefore does not equal the hours needed to cover stated days given. For instance 5... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on May 24, 2022

Unfortunately, there is no law that requires paid time off, so employers have a lot of discretion to make the rules regarding when (and how much) they offer. However, this may be worth bringing a complaint to the attention of your HR department and explaining the discrepancy if you have not already... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: A local employer rescinded my signed offer letter AFTER I resigned from my previous job. Do I have any legal recourse?

The offer letter contains mine and the employer's signature, the agreed upon salary, and my start date. The director called me and said the person I was replacing changed her mind and wanted her job back. They gave it to her since she was a good and long standing employee. If my current... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on May 17, 2022

While a review of the document you signed would be necessary to answer this question, job offer letters are usually not considered enforceable contracts. As a result, an employer can rescind a job offer for any reason, even if the employee has already signed an offer letter.

1 Answer | Asked in Gov & Administrative Law and Employment Law for South Carolina on
Q: I am a reserve deputy in training in Richland county and a private security company would like to hire me is it lawful?

I just would like to know if there is a possibility to do both because SLED is telling me I’d have to quit my reserve position. Thank you for your time! Have a blessed day!

Rhiannon Herbert
Rhiannon Herbert
answered on May 17, 2022

More information is needed to answer this question. However, if you signed an agreement or contract as a reserve deputy, this is the first place you should turn regarding whether you are permitted to pursue other employment.

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: Is it legal to fire someone who has a medical condition without a given reason

My friend who is currently going through chemotherapy was apparently suspended without pay from the company we work for because they allegedly cited he smelled like alcohol when apparently he didn't and he was suspended for also taking medication .

Rhiannon Herbert
Rhiannon Herbert
answered on May 11, 2022

Florida is an at-will employment state, meaning that workers can be terminated at any time and for any reason (or no reason at all). However, if your friend suspects he was targeted for termination based on his medical condition, he should speak with a Florida employment attorney about disability... Read more »

2 Answers | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Kentucky on
Q: If a female is sexually harassed by her boss at they’re place of work and it is a corporate company what can she do?
Rhiannon Herbert
Rhiannon Herbert
answered on May 11, 2022

This individual should first make a written report of the instances of harassment to the company's HR department. If corrective action is not taken after this, this individual can next file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC).

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1 Answer | Asked in Employment Law for Texas on
Q: Husband's work asking for doctor's note to be changed to reflect all dates he was absent. Is this legal?

Basically, husband works for state and has tons of sick time. He used some and brought a doctor's note that said he could return next day. He was still sick and didn't come back til day after. Now they are threatening to write him up if he cannot provide a doctor's note to... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on May 3, 2022

Yes, employers are permitted to require documentation supporting the illness or injury if the employee takes time away from work due to an illness or injury.

1 Answer | Asked in Employment Law for California on
Q: I was just asked not to return to work for not working 7 straight days to include working 10 hours on Saturday

I'm a hourly permanent worker in Southern California

Rhiannon Herbert
Rhiannon Herbert
answered on May 3, 2022

There are no federal laws that set limits on the amount of hours in a day or week an employee can be required to work (assuming you are over the age of 18). Thus, your employer is permitted to require 7-day work weeks and/or 10+ hour work days and can terminate employees for attendance-related... Read more »

2 Answers | Asked in Employment Law for Virginia on
Q: can you sue a company for not giving you your cost of living raise
Rhiannon Herbert
Rhiannon Herbert
answered on Apr 26, 2022

Yes. Wage laws are generally only triggered if an individual's pay falls below the applicable minimum wage, or if they are not properly paid overtime for their hours worked over 40 in a workweek.

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1 Answer | Asked in Employment Law for Texas on
Q: Can employer terminate you for missing 2 days of work due to not being paid ? I’m full time get paid biweekly hourly

My check was late so I didn’t show up for my shift for 2 days and was let go even though I wasn’t compensated for the hours worked the previous 2 weeks. One manager said I wasn’t and the other said I was

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 26, 2022

Your employer is permitted to terminate your employment in this situation, but they are still responsible for paying you for the time you have worked.

2 Answers | Asked in Employment Law for Washington on
Q: cpr class scheduled during my normal sleep time against the law?

so i work nights and my employer has scheduled a cpr class during the time I'm supposed to be sleeping and I'm supposed to work a 12 hour shift that night can he fire me if i don't show up to the class, this is in Washington state if that helps

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 19, 2022

Assuming you're over the age of 18, your employer can require you to attend both the class and your shift. There are no federal laws that mandate any break times or sleep times, but if this becomes a repeated issue, you should discuss your concerns with your supervisor and request that... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for New Hampshire on
Q: Can an employer require you to give a reason when requesting a day off?

A new manager put in place a rule that if you are asking for time off you must provide a reason for that request. If the reason isn't good enough, you are denied your request. The request sheet is left out so that anyone can see your request.

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 19, 2022

Yes. Since paid time off is not required by law, employers have a lot of discretion to define the terms of when and how employees can use it. If you don't want your requests to be seen by others, you can ask to mark the days you'd like off on the sheet and separately email or message your... Read more »

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