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I have a non-compete agreement with my current employer in Norman, OK. The agreement states that "To the maximum extent permitted by law, this Agreement will be interpreted under, and governed by, the laws of the State of Wisconsin." Can they enforce this agreement on me in Oklahoma or... View More 
answered on Dec 14, 2021
More information is needed here. The provision you quoted simply means that disputes under the agreement will be governed by Wisconsin law. The agreement can still be enforced regardless of where you live or work.
Minnesota.
I am nearing the end of my internship. The employer would like to offer me a permanent position at my current pay of $20/hr. I asked for $35/hr and my employer would like me to sign a contract committing to stay for 2 years. I would like to know if I agree and sign. And then... View More
answered on Dec 7, 2021
More information is needed here, as the answer to your question will depend on the language in the contract your employer wants you to sign. You should consult a Minnesota contract attorney for a review of the specific terms in the proposed contract.
My husband has earned a large bonus this year. He has received 3 small payments, and the bulk is to be distributed in February 2022. The contract says that the employee must be employed by the company at the end of the year to receive the last payment. My husband has already secured a new job that... View More
answered on Dec 7, 2021
If the bonus contract requires your husband to be employed through 2021 to earn the bonus, then it can be denied if he doesn't work through the end of the year. If his new employer is flexible on his start date, you may want to see if his start date can be pushed back to still allow him to... View More
In July of this year I was diagnosed with pancreatic cancer. The medical team was able to get me scheduled for surgery in Aug. August 9 I had surgery. On September 2nd my medical was canceled then on the 7th or 8th my boss called me and said this isn't working for him. At that time I felt I... View More
answered on Nov 30, 2021
More information is needed to answer your question. You should reach out to an Oregon employment attorney to discuss the communications you had with your employer leading up to and during your medical leave, as well as how you took the time off (ex. whether you used FMLA leave, paid time off,... View More
I work in transportation and work 60-70hrs/wk. I had to leave 2 hrs into 12 hr shift due to emergency. Employer says he doesnt have to pay since I work more than 40hrs/week. And since this specific issue is not outlined verbatim he doesn't have to pay sick pay when we work beyond 40hrs.
answered on Nov 30, 2021
Employers are only required to pay their employees for their time spent performing work. The law does not require the payment of sick time, vacation time, or any other kind of paid time off. However, if you are paid by the hour, you must be paid at a rate of one-and-one-half times your regular... View More
I am a healthcare professional under contract which entitles me to 80 hrs of vacation PTOs. But there are certain instances that they wont allow for more than 80 consecutive hrs PTO (even unpaid) because of problems with coverage. Can an employer deny this request even if the excess hours are... View More
answered on Nov 24, 2021
Yes. There are no laws that govern what employers can do regarding scheduling, as long as you are paid for all hours that you work.
Owner of company knowingly put me in danger of contracting covid by making me drive in a work van while he was visibly, extremely sick. Within days of that exposure I was diagnosed as covid positive. Refuses to pay me.
answered on Nov 24, 2021
While numerous laws were enacted in response to COVID-19 in 2020, these extra protections all expired on December 31, 2020. Now, whether and how much pay you are entitled to is governed strictly by the Fair Labor Standards Act (FLSA). The FLSA does not require employers to offer sick pay or pay you... View More
answered on Nov 16, 2021
Arizona is a "one party" recording state. This means that you must be part of the conversation (or obtain at least one party to the conversation's consent) to record the conversation. As long as one party (whether it's you or someone else) consents to the recording, the other... View More
I have been there 11 years and now they are saying I need to run errands in a company car. I have a good driving record however I am always frightened to drive in the winter so I am curious if they can force me to do so when it wasn't part of my job before.
answered on Nov 16, 2021
Yes, there are no laws that prohibit your employer from changing your job duties at any time, either with or without notice. However, if driving in the winter makes you uncomfortable, it may be worth letting your employer know this and requesting to not drive on inclement weather days.
I tried to drive it alone and it had a lot of blind spots and the seat doesn’t go up high so it was hard to see. I explained to my manager and director it’s unsafe for me to transport my residents if I’m not comfortable driving it but I got wrote up and turned into HR and was told my job is... View More
answered on Nov 10, 2021
Your employer is permitted to terminate your employment for any reason or for no reason at all, as long as the reason is not discriminatory (i.e. based on race, sex, religion, age, or disability). If you are uncomfortable driving the van due to your height, you may want to discuss whether the van... View More
I negotiated a new contract for my commission and it was effective immediately last month. The commission is paid this month. In the contract is states I will be paid gross parts and labor sales, however, I have only been paid gross profit on parts and labor. The contract states paid parts and... View More
answered on Nov 10, 2021
This issue sounds like a difference of interpretation in the language between you and your employer. You should contact a Kansas employment attorney to take a look at the specific language in your agreement.
During our conversation my manager said it is in the best interest of the business for today to be my last day however I’m still eligible for rehire because I attempted to give notice. They then directed me to clock out and await further instructions regarding my separation. About six hours... View More
answered on Nov 2, 2021
Assuming you're not subject to an employment contract with a separation term that says otherwise, you can quit at any time and for any reason, with or without notice. You cannot be compelled to work during the next two weeks - however, your employer is only obligated to pay you for the time... View More
and that I'd only be paid at the end of the second month, I disputed, company agreed to pay me after a month, they still haven't, my fellow employees suspect the company is bogus and the boss is a fraud, what do we do, please assist, we asked the boss when we will get paid, he's... View More
answered on Nov 2, 2021
If you haven't already, you and other employees should start tracking any hours you work. You should also reach out to an employment attorney in your state to discuss the situation. In addition to the wages it sounds like you're owed, you may have additional claims depending on the terms... View More
I previously was on Disability for a injury at past employer. I'm on pain management but I have a note stating I can go back to work without limitations. Can the new Employer rescind their offer of hire that I already accepted.
answered on Oct 27, 2021
More information is needed here. However, if you are physically able to perform all aspects of the job, but your employer rescinded your offer after learning you had a previous injury from which you are now recovered, you should contact a New Hampshire employment attorney to discuss whether you... View More
answered on Oct 27, 2021
If you haven't done this already, you should report what happened in writing to both your supervisor and your employer's HR department and state that you feel you cannot return to work out of concern for your safety,
If there is no limit to the number of days in a row i can be made to work, does that mean that I could be required to work every day of the year without a day off?
answered on Oct 27, 2021
There is no law that limits the number of days employees can be scheduled to work, so as long as you are properly paid for all time worked, the answer to your question is yes.
I am a salary employee. I have COVID and am having to miss work because of it. Can my employer dock my pay because of this?
answered on Oct 27, 2021
This will depend on how much work you will be missing. Salaried employees' pay may be reduced if they are absent from work for one or more full work days. However, if you only miss part of your work day, your pay cannot be reduced.
I had no progressive discipline and the only reason I was given was a loss of confidence.
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... View More
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.
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.
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 ?
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... View More
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