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2 Answers | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Is it legal for a trucking company to refuse employment to a driver if they are over a certain weight?

The trucking company is out of Oklahoma. This person is physically able to perform all required job duties and have passed a DOT physical

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 20, 2022

This depends on the employer's reasoning for not hiring the individual. If, after passing all required tests, the employer still believes the employee isn't able to perform the job due to his or her weight, then the individual should reach out to a Michigan employment attorney to discuss... View More

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1 Answer | Asked in Contracts, Employment Law and Education Law for New Jersey on
Q: I am a teacher for over 14 years my sick days rolled over and they decided to pay for future sick days and my previous

sick days were not paid. I went to the principal and the board, nothing came out of it. Is there anything I can do about the previous sick days? I worked for a charter school.

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 20, 2022

Federal law does not require employers to offer any form of paid time off - you need only be paid for the hours you actually work. Thus, employers have a lot of discretion regarding changes to PTO policies. However, if you have an employment contract with the school, you should see if any language... View More

1 Answer | Asked in Employment Law for Arizona on
Q: I was terminated from this organization today. Should they pay me within 7 days or can they wait till the pay period?

I was terminated today (07/12/2022) They want to give me my last paycheck on 07/22/2022

They sent an email telling me I was terminated and why and the pay date

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 12, 2022

It is permissible for the employer to wait until your next scheduled pay period to pay you in this situation.

1 Answer | Asked in Employment Discrimination and Employment Law for Washington on
Q: Can you challenge an employer who wont provide ADA accommodation due to "hardship to the company"?

My employer has denied an employee an ADA accommodation request because it would "cause a hardship" to the company. I know this not to be true, and it is because my employer does not like the individual making the request. Is there some kind of appeal process for a denied accommodation... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 12, 2022

While the ADA does not require employers to grant accommodations of an employee's choosing, it does require employers to engage in an "interactive process" to identify accommodations that work for both parties. The co-worker should ask why the company believes their request would... View More

1 Answer | Asked in Employment Law for South Carolina on
Q: I worked as an independent contractor and am owed thousands of dollars. Help, please.

Hi. I worked as an independent contractor for a small business. They owe me $13,814.50

for the work I did for them last year. I have tried to work with them. Offered them payment plans

and even offered to drop the amount owed if they began paying. They have not.

I did work... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 6, 2022

You should contact a South Carolina employment attorney to discuss this situation. In the meantime, you should preserve any written conversations between you and the business and evidence of any payments made or work performed during the timeframe you haven't been paid.

1 Answer | Asked in Employment Law for Texas on
Q: If a company let me go due to budget cuts but post that same position for a higher salary, are there any legal actions I

Can take against them? Along with punitive damages

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 6, 2022

It depends on why you were let go. For example, if you believe you were targeted for termination based on a discriminatory reason (i.e. based on your race, sex, age, disability, or religion), then you should contact a Texas employment law attorney to discuss a discrimination claim under Title VII... View More

1 Answer | Asked in Employment Law for Florida on
Q: Performance Review, can the employer refuse to give the employee a copy after initials given acknowledging the review?

I disagreed with the Supervisors assessment scores, but acknowledged the review with my initials.

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 28, 2022

Yes. Your initials on the review acknowledge only that its contents were reviewed with you, not that you agree with the review or were provided a copy of the review.

1 Answer | Asked in Employment Law for North Carolina on
Q: I’m a salaried exempt employee. I recently missed a few days from being sick. My employer docked my pay for those days.

In prior companies my pay was not docked for documented sick days. So I’m not sure if it was out of courtesy or because they were required to. We do have a PTO plan but I’m new to this role so I’m unable to use any.

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 28, 2022

If you miss one or more full days of work (and PTO is currently unavailable to you), then your employer can reduce your pay proportionally to value of each day missed. For example, if you work Monday through Friday and typically make $1,000 per week, and you are absent on Monday, your employer can... View More

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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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.

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