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letter and get attorney at that time?
answered on Feb 23, 2024
You do not need to wait for the U.S. Equal Employment Opportunity Commission (known as EEOC) to grant you a right to sue letter before hiring an attorney. In fact, an employment law attorney can advise you through the EEOC process from start to finish. Experienced employment lawyers can offer... View More 
I was recently diagnosed with depression which I think has been caused to chronic no lunch breaks at work , work stress from being understaffed but I call legal offices and only get as far as talking with the receptionists that do intakes who tell me to write email to HR but I feel I need help with... View More
answered on Feb 23, 2024
Your employer is obligated to engage in good faith negotiations with you to find reasonable accommodations for your condition. But first you must make the request. It is likely that the HR department will want to see some sort of documentation from a medical professional backing up your requests,... View More
I am the only black employee at the company and am being excessively surveilled/scrutinized by my manager. We work remotely, but she’s constantly monitoring my work & and does not do this to other white employees in my dept. I have never missed a deadline or been late on a project. I have... View More
answered on Feb 23, 2024
Yes, it would be a good idea to seek out an experienced employment law attorney for a free consultation. Your employment lawyer will review the evidence in your case and advise you on legal options moving forward. Whether or not the actions of your manager(s) can be proven as discriminatory in... View More
My job title is senior shift supervisor. My job role was protected during my leave. However, my supervisor does not believe that my accommodations will allow me to do my normal job and I’m not being scheduled for that thus I’m only getting nine hours a week maybe
answered on Nov 23, 2023
FMLA protections allow you to return to the same job, or a reasonably equivalent position. You do not say whether you worked full time or part time before beginning your medical leave, but working 9 hours per week is likely a big reduction in scheduled hours, which is problematic. Also, employers... View More
I never requested special accommodations and was let go for failing to provide proof iwas not a harm to myself or others
answered on Nov 23, 2023
If no accommodation was requested and there is no safety issue implicated, your employer has no basis for requesting proof that a disability does or does not exist, which in itself is disability discrimination. Contact a disability discrimination lawyer to discuss the evidence in your case and to... View More
My GrubHub delivery driver account was deactivated May of this year. I was on the platform for about a year and did over a 100 deliveries and even earned an upgraded insulated catering bag for the milestone. Then just like a week or two later my account was deactivated. I didn't have any... View More
answered on Oct 20, 2023
Like brick and mortar employers in at-will states, employers in the gig economy generally exercise the right to terminate relationships with employees for any reason or for no reason at all. The exceptions would be if you have a contract that designates terms and conditions for your service for... View More
I am having back and shoulder pain. I have to stand for 10+ hours for my shift sometimes.
answered on Oct 20, 2023
Does your company have a formal process for requesting an accommodation for a disability, and did you complete it? A doctor’s note is part of the process of requesting an accommodation, but perhaps your employer sees your request as a preference to sit, rather than a formal request for a... View More
I would like to know my rights since FMLA should have job protection and what steps to take
answered on Sep 26, 2023
While FMLA is intended to provide job protections for those using it to take care of a newborn or other family member with a serious medical condition, it does not completely guarantee that you will have a job to return to. While you cannot be terminated because of your use of FMLA leave, you may... View More
I submitted my request for my job pay scale and found I was below the minimum. When I escalated it up, I was told they have no time frame to increase. Do I have any case or just cut my losses and leave?
answered on Sep 26, 2023
There may not be any legal recourse, but if you are a member of a protected class, including race, religion, national origin, age, sex, gender identity, or sexual orientation, it may be worth questioning why you are paid less than the published pay scale. If you have suspicions, consult with an... View More
answered on Sep 26, 2023
It is always a good idea to have an employment lawyer review any kind of employment contract before you sign it. Contact an employment attorney to review your options whether you’d like to review the non-compete clause before you begin a new job, or to review the possible consequences of breaking... View More
I never signed any paperwork that on how I would be paid or how much. Everything was verbal and I was told I was an exempt employee. However I am making less than the minimum required by CA. I want to know how to go about this as I am still employed. Would I be owed backpay? Could I be fired for... View More
answered on Aug 24, 2023
It is problematic that the salary offer and the terms (hours per week, exempt vs non-exempt, etc.) are not in writing in this case. Even so, an experienced employment attorney can help you approach your employer to clarify and rectify the situation. There are minimum pay requirements for exempt... View More
Am I legally obligated to either sign the NDA or return it? Email below:
Thank you again for being part of the XXXX team especially in the past few months which have been rocky and trying for all of us. I really thought that we wouldn't need to do any further cuts but it was unforeseen... View More
answered on Aug 24, 2023
It is always best to have an employment lawyer review any severance agreement.
However, if you haven’t already agreed to NDA terms in a severance contract, and you accepted the payment without agreeing to any conditions, you are likely under no obligation to return the advance payment.... View More
I was never given an evaluation, we have been there the same amount of time and have the same training, i however have more education. Around the time my raises stoped, i went to part time for 3 months then full time for 3 months then part time for 3 months then full time as i went back to school.... View More
answered on Jul 26, 2023
To prove gender discrimination as it relates to employee compensation, you will need more information. You will need to establish that you do the same work and have very similar qualifications for the job. Perhaps your female coworker had already completed her degree when she started, so she... View More
The company where I work has this problematic person with more than 20 complaints. She is white and very problematic, very calculated but also has bipolar mental problems. She has made the work a toxic environment unbearable for everyone who has to be walking on eggshells, not to offend that... View More
answered on Jul 26, 2023
You describe a toxic environment, but you do not say what is toxic about it. Does this employee you specifically describe say things to you and other employees based on your race or heritage? Or is she perhaps difficult to predict because of her bipolar symptoms? To claim a hostile work environment... View More
My offer letter states that my employment is at will but the terms of employment contract i signed is not at will
answered on Jul 26, 2023
It is always best to have an employment lawyer review any employment contract before signing it to thoroughly understand expectations. Despite the existence of a contract, you can still quit your job. However, there may be consequences for you that would not exist in an at-will situation. Contact... View More
The employer tells staff he is paying them for 50 hours of work (salary) only paying for 40 but scheduling 50 hours and there is no paid sick days and no paid vacation so whatever the reason if there is any time missed it has to be made up. Is this legal?
answered on Jun 20, 2023
The Fair Labor Standards Act established standards for minimum wage, overtime pay, and youth employment for employees in the US. Some “highly-compensated” employees are exempt to overtime pay under the FLSA. For salaried employees, there is no maximum or minimum requirement for hours worked.... View More
They make me put in for FMLA but use my PTO. So I can never take off for myself. It says here FMLA is unpaid .
. The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance... View More
answered on Jun 20, 2023
Yes, this is legal. According to the US Department of Labor, FMLA law permits an employee to elect to use accrued paid vacation leave. In addition, the law permits employers to require the employee to use paid time off for some or all of the FMLA leave period. So while FMLA applies to unpaid leave,... View More
I am currently still employed at a place where I had to endure sexual harassment, intimidation, discrimination and workplace injury to which they seemingly on purpose filled out paperwork to cause workmans comp to be denied and cause as much disarray as possible. I don't know if I should quit... View More
answered on May 24, 2023
You should contact an experienced employment law attorney for a free consultation to review the facts of your case. Beyond the workers comp issue, sexual harassment, intimidation, and discrimination in the workplace are very serious issues. Discuss the evidence of your work experience with an... View More
I received a severance agreement in MSWord, signed by my employer using an image for the signature. What is to prevent me from editing the content of the agreement to benefit me, and then countersign it, and return it as a PDF file?
answered on May 24, 2023
Rather than taking this into your own hands, it is advisable that you have an experienced employment lawyer review any severance agreement before signing it. Your employment law attorney can advise you on requests for changes and the proper procedures for requesting those changes. Contact a... View More
They want to write me up for missing a call at 2 am and I never even agreed to accept the phone they made us take it
answered on May 24, 2023
If you do have a contract with your employer, contact an employment law attorney for review of the details. If you are an at-will employee, the job descriptions and the expectations for your job can change at any time, in which case, you would have to either find a new job, or adapt to the new... View More
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