Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Rhiannon Herbert
1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: In January I filed an EEOC complaint against my employer. In September, I was terminated. Do I have a legal recourse?

I had no progressive discipline and the only reason I was given was a loss of confidence.

Rhiannon Herbert
Rhiannon Herbert answered on Oct 19, 2021

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 »

2 Answers | Asked in Employment Law for Washington on
Q: Question about overtime.

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.

Rhiannon Herbert
Rhiannon Herbert answered on Oct 19, 2021

More information is needed here, but generally, if you are paid on an hourly basis, you should receive overtime pay for all hours worked in excess of 40 per week.

View More Answers

1 Answer | Asked in Employment Law for Texas on
Q: been employed for 5 years with no negative points against me but they just told me I’m being replaced is it Legal?

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 ?

Rhiannon Herbert
Rhiannon Herbert answered on Oct 12, 2021

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 »

1 Answer | Asked in Employment Law for Oklahoma on
Q: My employer has had my medical exemption request (with physician letter) for 6 weeks. Is this a prompt review?

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 »

Rhiannon Herbert
Rhiannon Herbert answered on Oct 12, 2021

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 »

1 Answer | Asked in Employment Law and Employment Discrimination for Massachusetts on
Q: I was suspended from my job for 3 days no reason why was told Hr would contact me. I feel as though it's retaliation

I had reported that my accomodations for light duty were not being made and a few days later I was suspended and haven't been told why

Rhiannon Herbert
Rhiannon Herbert answered on Oct 6, 2021

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 »

1 Answer | Asked in Employment Discrimination and Employment Law for Hawaii on
Q: Employment, Unemployment and Covid.

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 »

Rhiannon Herbert
Rhiannon Herbert answered on Oct 6, 2021

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.

2 Answers | Asked in Employment Law for Arkansas on
Q: My job is not allowing me to clock in and work but not paying me, due to a problem I can't resolve. How do I get paid?

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 »

Rhiannon Herbert
Rhiannon Herbert answered on Sep 29, 2021

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 »

View More Answers

1 Answer | Asked in Employment Law for Colorado on
Q: Can employer change my time card to say i took a longer lunch than I actually did?

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 »

Rhiannon Herbert
Rhiannon Herbert answered on Sep 29, 2021

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 »

2 Answers | Asked in Employment Discrimination and Employment Law for Oregon on
Q: Is it Legal for an employer to put up a sign saying they start at a certain rate when their employees do not make that?

My work put up a sign saying a position starts at $17.25/hr. I work the position and only make $15.48/hr. My employer told a coworker that it’s because we work 32 hours a week instead of 40.

Rhiannon Herbert
Rhiannon Herbert answered on Sep 22, 2021

Yes. State and federal wage laws only require that you be paid at least minimum wage for all hours worked.

View More Answers

3 Answers | Asked in Employment Law for Arkansas on
Q: My job makes us clock in and go to the floor to work 15 minutes early but no pay is issued for the time. Is that legal

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 »

Rhiannon Herbert
Rhiannon Herbert answered on Sep 22, 2021

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 »

View More Answers

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: What are the risks/benefits for resignation verses being laid off or terminated?

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

Rhiannon Herbert
Rhiannon Herbert answered on Sep 14, 2021

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 »

1 Answer | Asked in Employment Law for Tennessee on
Q: Under overtime exemptions when does the managing two employees section kick in?

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 »

Rhiannon Herbert
Rhiannon Herbert answered on Sep 14, 2021

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 »

1 Answer | Asked in Contracts and Employment Law for Missouri on
Q: My friend's work contract does not specified hours worked. What are her rights/expectations from a legal standpoint?

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 »

Rhiannon Herbert
Rhiannon Herbert answered on Sep 7, 2021

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 »

2 Answers | Asked in Employment Law for New Jersey on
Q: My employer of 13 years had just eliminated my position and gave me a notice of few days 15 or so days Is that legal ???

I read somewhere he had to give me 60 days , could that make legal ground to sue

Rhiannon Herbert
Rhiannon Herbert answered on Sep 7, 2021

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.

View More Answers

1 Answer | Asked in Employment Discrimination and Employment Law for Louisiana on
Q: Can an employer decline a resignation letter because you gave them a 2 weeks notice and you gave your last job a 30 day?

Hello,

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 »

Rhiannon Herbert
Rhiannon Herbert answered on Aug 31, 2021

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 »

1 Answer | Asked in Employment Law for New Jersey on
Q: Is it legal for employer to ask employee to reapply for ada accommodation without a medical reason?

3 years ago, The Boss's boss gave employee ada accommodation for permanent impairment. 2 years ago, the Boss's boss left the company.

After 3 years, without medical reason, the Boss informs employee to get a medical inquiry form updated by the doctor. The Boss informs the employee... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Aug 31, 2021

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 »

1 Answer | Asked in Contracts and Employment Law for Colorado on
Q: Am I violating a non-poach if former coworker approached me?

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 »

Rhiannon Herbert
Rhiannon Herbert answered on Aug 3, 2021

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 »

1 Answer | Asked in Contracts, Employment Law and Business Law for Georgia on
Q: I owe my salon owner a lump sum that i signed and agreed to pay on august 1, but i don’t have the money yet. What to do?

My kids father and i split up so I’m moving to another city with my kids by force to live with my family. Which caused me a great setback.

Rhiannon Herbert
Rhiannon Herbert answered on Aug 3, 2021

You should reach out to the salon owner and explain your situation. If you can't pay the money owed in a lump sum, it may be possible to work out a payment plan where you pay in multiple installments.

1 Answer | Asked in Employment Law, Constitutional Law and Employment Discrimination for Arizona on
Q: My husband was fired due to him having an 11yr old felony he reported when he was hired two weeks ago, is this legal?

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

Rhiannon Herbert
Rhiannon Herbert answered on Jul 27, 2021

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 »

1 Answer | Asked in Employment Law for Arkansas on
Q: If if I've had a forgery conviction in 2008 does that disqualify me from being a CNA

If I have a forgery offense in 2008 does that disqualify me from becoming a certified nursing assistant

Rhiannon Herbert
Rhiannon Herbert answered on Jul 27, 2021

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.

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.