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Questions Answered by Rhiannon Herbert
1 Answer | Asked in Employment Law for Wisconsin on
Q: Is it illegal for your boss to keep $100 from your paycheck if there’s a mess up at the register?

Located in Wisconsin. Hourly wage.

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 15, 2020

Federal law requires that you be paid at least minimum wage for all hours worked. So, if your employer's withholding $100 from your check results in your hourly rate falling below minimum wage, this is not permissible.

1 Answer | Asked in Employment Law for Florida on
Q: If I'm rehired by a job that paid me severance, after working somewhere else for a brief time, do I need to pay it back?

I'm aware if I am let go then rehired immediately I need to pay back the severance, but if I have a job with an outside company first, collect the severance as a lump sum, then have an opportunity to return to the first company within a time frame that would have been within the severance... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 9, 2020

The answer to this question is going to be governed by the terms of your severance agreement with the company. If there is a provision in the agreement that states you will need to repay your severance if you become re-employed with the company within a certain timeframe, and your re-hire date... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Georgia on
Q: I can I be lawfully fired in an "at will" state for not being able to tell a manager what another employee said?

It is a private sector job and I couldn't even remember what the employee said in passing in the first place. I was promptly fired as well as banned from the premises for a year for not telling him.

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 9, 2020

While your situation seems unfair, there is nothing inherently unlawful about this. Since you live in an at-will employment state, that means you can be fired for any reason or no reason at all (as long as the reason isn't discriminatory).

1 Answer | Asked in Employment Law for Washington on
Q: If a company sends you a letter offering employment and you sign and accept is it legally binding?

The letter offers the position and the start date. I signed it and sent back to my HR department. Now they are pushing the start date back and saying first letter is not valid. In the letter there is no mention of changing hiring dates.

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 1, 2020

Unfortunately, an offer letter is not a contract, meaning it is not legally binding. While it is inconvenient for you, your employer is permitted to push your start date back and issue a new letter with updated terms.

1 Answer | Asked in Employment Discrimination and Employment Law for West Virginia on
Q: My husband has been out of work since March and has been denied unemployment as he had a partial left foot amputation in

In April and couldn't actively seek work he still has his job when the doctors clear him I am disabled and we have been forced to live on my disability can I sue the unemployment office for benefits including retroactive ones?

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 1, 2020

To be eligible for unemployment benefits, the general rule is that the individual must be physically able to work. Thus, during your husband's surgery and post-operative recovery period, he would unfortunately not be eligible to receive unemployment benefits if he was not physically able to... View More

1 Answer | Asked in Contracts and Employment Law for Massachusetts on
Q: Hi I have been working for a temp agency since December 2019. I am working at a retail store in Massachusetts.

The temp agency is out of New York. I know that New York does not offer time and a half on Sunday's, but I was wondering since I am working at a retail store here in Massachusetts should I be getting paid time and a half? I know there is some law about time and a half on Sundays working in... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 25, 2020

Federal law only requires that you be paid time and a half for all hours worked over 40 in a workweek (regardless of which days you work). While your employer may offer time and a half or increased pay on weekends as an incentive to work these days, they are not required to do so.

1 Answer | Asked in Employment Law and Employment Discrimination for Georgia on
Q: Would my boss be pretextually firing me?

I'm 5 months pregnant and work at a preschool. Last week I had a doctor's appointment and my boss asked me how it went. I told her there were some complications and I may require more frequent doctor appointments at a high risk doctor 2 hours away. The next day she sent me a text message... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 25, 2020

If your boss fires you, demotes you in either pay or job responsibilities, or refuses to allow you to return to work following a medical leave, then you may have a claim for pregnancy discrimination under Title VII of the Civil Rights Act of 1964. The close time proximity between notifying your... View More

1 Answer | Asked in Employment Law for Utah on
Q: If I am required to sleep at work for a "sleep shift" is it considered hours worked?

I work at a residential addiction treatment facility in Utah. I work less than 24 hours per day. One or two nights per week I am required to do a "sleep shift". A 9.25 hour period in which I am required to sleep at the facility in case of an emergency with any of the clients. The thinking... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 18, 2020

Assuming you work less than 24 hours per day during your sleep shifts (i.e. normal shift + sleep shift = less than 24 hours total), then your employer must abide by the minimum wage and overtime requirements of the FLSA. The federal and Utah minimum wage is $7.25 per hour, so your pay for the sleep... View More

1 Answer | Asked in Employment Law for Georgia on
Q: I am being demoted via divisional reorg. My previous position was not eliminated. Do I have to accept the demotion?

My new position also existed prior to reorg. There was no previous coaching to indicate I would be removed from my job. If I do not accept the new position, what options do I have beyond just quitting?

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 18, 2020

While your employer's conduct in demoting you is not unlawful in and of itself, you'll want to consider why your employer has chosen to do this. Do you think they had any kind of discriminatory motive for demoting you (i.e. based on your race, sex, age, disability, or religion?) If so,... View More

1 Answer | Asked in Employment Law for Florida on
Q: What are the rights of a 1099 independent contractor? Salon owner treating IC’s as employees

I work for a commission-based salon as a hairstylist. The owner has classified us all as 1099 independent contractors, so we have to pay our own taxes. However she exerts a ton of control over us. She joined a coaching program and has made us charge hourly, doesn’t allow us to accept tips, makes... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 10, 2020

Most likely. Whether an individual is properly classified as an employee or independent contractor is based on numerous factors, but the most important factor is the alleged employer's ability to control the manner in which you perform your work. Since the owner controls both how much you can... View More

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can I do anything?

I was given the bakers position at work. Without formal training. I had asked my department manager and the store manager for the training. I was told I'd get it. Instead, after months and putting in extra hours,someone else was hired, without my knowledge,and I was kicked back to my job I... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 10, 2020

While your situation sounds unfair, there is nothing unlawful about your employer's actions, at least from a wage standpoint. If, however, you think you were passed over for the position based on a discriminatory reason (i.e. because of your race, sex, disability, religion, or age if... View More

1 Answer | Asked in Employment Law for Illinois on
Q: Would unemployment side with me if my work place is defying the governors no indoor dining order, & asking me to work?

I work in a very large bar/restaurant. My work place shut down last week, and they were following the rules at first, but now in defiance they are re opening and asking me to return a mere 4 days later, after I already (now pointlessly) started my unemployment process. Not only do I not think this... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 2, 2020

In some states, an individual can establish they have "good cause" for refusing to return to work from an unemployment standpoint (thereby rendering them eligible for unemployment benefits) if they can prove they are at a higher risk of severe illness if exposed to COVID-19 and the... View More

1 Answer | Asked in Employment Law for Colorado on
Q: My girlfriend got fired for discussing wages today. We live in colorado is this illegal?
Rhiannon Herbert
Rhiannon Herbert
answered on Nov 2, 2020

While this situation seems unfair, employees in at-will employment states can be fired for any reason or no reason at all, as long as they are not fired for a discriminatory reason (i.e. based on their sex, race, religion, age, or disability).

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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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.... View 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... View More

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