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Questions Answered by Rhiannon Herbert
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... View 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... View 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... View 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... View 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... View More

1 Answer | Asked in Contracts, Employment Law and Education Law for Connecticut on
Q: Do I have a case? 2017 & 2018 both contractual step increase years. I took leave 2017 & returned 2018 & no step awarded

I am aware that the 2017 year leave of absence cost me the right to have a step increase. This was a decision I made willingly when I chose not to return to work that year. However in 2018 I did return to work and I was still denied a step increase they were two steps in two years and I didn’t... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 13, 2022

This depends on the specific language in your contract. You should contact a Connecticut contract attorney to review the contract regarding step increases and any potential exceptions to this rule.

3 Answers | Asked in Employment Law for California on
Q: My employer had my wage at 15/hr, then reduced it and subtracted the “overpay.” Is that legal in California?

This is a small business, so minimum wage is set at 14/hr for the size of the business.

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 13, 2022

As long as your hourly rate does not fall below the applicable minimum wage, this is permissible. However, if the subtraction of the "overpay" brought your equivalent hourly rate below minimum wage, this is a violation.

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2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: Is my employer allowed to require a mandatory unpaid 30-minute break in the state of Florida?

I currently work for a remote company and I reside in the state of Florida. I have been working for this company for a few months and the only break given was a 20 minute paid break for an 8-hour shift. They now sent out a form to sign stating that we must take a 30-minute unpaid meal break, even... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 5, 2022

Yes. However, if you are required to do any work during this 30-minute break, you must be paid for this time and your employer cannot deduct it.

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1 Answer | Asked in Employment Law and Employment Discrimination for Minnesota on
Q: we have no published/signed agreements regarding pto company wide, can my employer legally require me to use PTO?

we have never signed a contract regarding pto nor has a published employee handbook stating pto guidelines been given to me. i am a salaried employee and my time off has never been an issue before as long as my hours are worked at some point or my work is up to date.

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 5, 2022

Yes. There are no laws that require employers to offer benefits such as PTO, so if your employer chooses to offer it, they can require you use it if you will miss work.

2 Answers | Asked in Criminal Law, Employment Law, Employment Discrimination and Sexual Harassment for Kentucky on
Q: If I tried to complain to boss about harassment in the work place more than one time and was fired. Can I sue ?

I complained to my boss about harassment and people keeping from doing my job in correct and timely manner. also sexual assault happening in the work place. He set up a date for me to walk in that was March 25 at 8:30am and as soon as I walked in he already found a different way of firing me and... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 30, 2022

You may have a claim for retaliation under Title VII of the Civil Rights Act, but this will depend on what you told your boss in your complaint. Your complaint must be "protected" under the law, meaning your complaint of harassment must be based on your race, sex, age, disability, and/or... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Oklahoma on
Q: Has my employer broken and ADA laws?

I have approved accommodations but since January my employer has kept adding so many tasks I am unable to follow my accommodations without being able to complete all my tasks and new tasks. This has led to me not getting my accommodated breaks and working over 40 hours (my accommodation limited me... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 30, 2022

You should speak with your employer (if you haven't already) and let them know that you cannot complete your current workload while also honoring your approved accommodations that limit your hours. If the issue persists, you should contact an Oklahoma employment attorney to discuss your situation.

1 Answer | Asked in Employment Law for Arizona on
Q: I'm currently work from home, a company sent me an offer agreement, I signed all the paperwork

I signed all of the paperwork, sent it back to them, started working, but never got a copy of it with their signature on it. I ended up quitting because it wasn't anything like I thought it would be. Now i'm having problems getting paid for the time I did work. I worked from home, so... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 22, 2022

If you performed work for the company, then you should be paid for it, regardless of whether you have a copy of your offer letter. You should discuss your situation with an Arizona employment attorney.

1 Answer | Asked in Employment Law for Kentucky on
Q: If a spot needs filled can they force you to come in on your off day? If you cant make it and refuse what can they do?

I work at a fire protection district in Kentucky. If the need to fill a spot, they pull from a list of overtime hours. They will force the person with the least amount of hours to come in on their off days. If you can't or won't make it, you will receive a write up. Wright ups prevent... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 22, 2022

There are no laws that place caps on the amount of hours an employer can make you work. Thus, while the above situation sounds unfair, your employer's system is permissible.

1 Answer | Asked in Employment Law and Employment Discrimination for Minnesota on
Q: Can they fire me for this I work at Otter Tail County Recycling Center I found $1,600 on the line now I'm on paid suspen

And they're trying to get me for theft I found the money fair and square they always say when work on the line if you find something you want to keep it the 1600 was in the envelope on a piece of paper clip to the money in an envelope that 1,600 the date was 2019 and the bank was Eagle... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 8, 2022

Minnesota is an at-will employment state, meaning you or your employer can terminate the relationship at any time and for any reason. Thus, even if nothing was improper about how you found the money, your employer can still choose to terminate you for this reason (or no reason) at any time.

1 Answer | Asked in Employment Law for Oregon on
Q: I signed into an employment contract where I will owe money if length of employment stated in contract is not met

what are my options to get out of contract? i’ve read you can get out of contract if your employer didn’t give you a copy of the contract but not sure if that’s true. plus i can’t remember if they never gave me a copy or if they gave me a copy and i lost it? either way do i have options to... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 8, 2022

You should contact an Oregon employment attorney to discuss your situation. If you have completed most or a substantial portion of your employment term, you may be entitled to at least a reduction in the total amount the company is claiming you owe them. If you signed the original agreement, then... View More

1 Answer | Asked in Employment Law for Colorado on
Q: Can my employer require walking time from my workstation to the rest area of choice be included in my 15 minute break?

I'm a smoker and I work for that one mega chain grocery/department store that everyone knows, our management recently "reminded" us (without having told me in the first place) that our 15 minute breaks start when we leave our current "workstation" and end when we return to... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 1, 2022

Federal law does not require employers to offer any break periods. As a result, if employers offer break time, they can generally offer this on their own terms. The one exception to this rule is that breaks of 20 minutes or less generally must be paid. As long as your 15-minute breaks are paid,... View More

1 Answer | Asked in Employment Law for Wisconsin on
Q: Is a Township required to pay workers extra on Holidays and weekends?
Rhiannon Herbert
Rhiannon Herbert
answered on Mar 1, 2022

There are no laws that require extra pay on holidays or weekends. Employers sometimes offer extra money as an incentive to work on these days, but it is not required.

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