It’s good that there is hard evidence in the case, rather than a case of he said she said. The first step is to document with the HR department at your company. Hopefully your employer will take steps to ensure that this does not happen again. If they do not, you will have a compilation of...Read more »
Yes, your employer can require employees to get the Covid-19 vaccine and as such, is justified in asking for proof of the vaccine. Employees can present the CDC Covid-19 Vaccination Record Cards issued at vaccination sites without revealing any private health info beyond their birthdate. If your...Read more »
I have a medical condition that should be a contraindication to the vaccine; however, my employer disregards this and any other medical condition in their mandate of the vaccine. Should I resign or let them fire me? And do I have any recourse against them for it?
Your employer can legally require employees to get the Covid-19 vaccine. If your doctor recommends that you not receive the Covid vaccine because of a medical condition you have, you are eligible for an exemption to this requirement. However, you must thoroughly document your medical condition and...Read more »
I previously worked for them for 10 years as their general manager running the business and left on good terms. They contacted me a year later out of the blue and asked if I was interested in coming back for a specific position and I was the only person they were asking about the position. Made... Read more »
Legally, they can decide not to hire you because they don’t believe the job will be emotionally and financially fulfilling. If you suspect that this is not the “real reason” they did not offer you the job, look for evidence that may support your hunch. If you are a member of a protected class...Read more »
While it seems unusual to work another shift after the decision has been made to suspend an employee, it doesn’t seem unreasonable. If possible, check with your human resources department to see what the policies are for suspensions (does the suspension period start on the day the decision is...Read more »
It is not considered retaliation if a company does not hire you because you do not answer the questions on their application. If you do not answer their questions, the employer may feel they have an incomplete picture of the candidate and decide not to hire. However, this is not considered...Read more »
Eleven states, including Pennsylvania, Washington, and Massachusetts, require two-party consent, meaning that everyone involved must consent to be recorded to be legal. In all other states and the District of Columbia, one-party consent is okay for recorded in-person or over the phone...Read more »
It does seem reasonable to be given fewer hours because you have less seniority than other employees and because of your part-time status. Part-time employees can work up to 30 hours per week, but you are being scheduled far below that threshold. However, there is nothing unlawful about this...Read more »
This is not considered discrimination. Employers may require current employees to get vaccinated, and by extension, for candidates who are being considered for hire. However, if you have a medical or a religious exemption from getting the vaccine, and you are not hired, discrimination is a...Read more »
While the Covid-19 vaccine is a new vaccine, legal precedent dictates that employers can require employees to get vaccinated unless those employees have a qualifying religious or medical exemption. In addition, employers can set dress codes for their employees, which may include wearing a mask,...Read more »
If this has happened to you, it sounds like you are owed back wages. While employers can change the pay rate at any time, they can only change the future pay rate. You should not be paid minimum wage for hours already worked if your most recent pay rate is higher than that. Contact an experienced...Read more »
I’m in a program at my university for teaching. When I was 18, they gave me a scholarship and told me that if I finished my degree and taught for two years, I wouldn’t need to pay them back. Now, I’m in my last year and no longer love teaching. I dislike that I did not understand how... Read more »
It’s best to have an employment lawyer review the details of any employment contract before signing it. Even though the contract was signed years ago, have an employment lawyer review it now to see if there may be an acceptable way to terminate or renegotiate the contract. Best of luck!
I began work Nov. 2019, and was "terminated" in March 2020 due to pandemic-related business downturn. I was rehired in June 2020, although I was not required to take a drug test again or submit my driving record again. I would have been eligible for paid vacation Nov. 2020, but now they... Read more »
The pandemic is frustrating and disruptive in many many ways, and this is just another. Be thankful that your employer gave you a raise at your one-year anniversary, rather than waiting for you to accrue twelve months with the company! Vacation time is usually based on time-accrued also, so you may...Read more »
If you are alleging mistreatment by the police, it is important to pull together any photographic evidence or reports from the hospital that will support your case. Law enforcement offices do not have the right to use force recklessly and must be held accountable. Contact an experienced police...Read more »
I am a Clinical Research Coordinator in Pensacola Florida. Due to the fact that there is very little research positions available in the area surrounding Pensacola Florida, I want to see if the covenant of non competition that I signed with a previous employer 1 year ago can be challenged
If your employer asks you to sign an employment agreement of any kind before starting a job, it’s always best to have an experienced employment attorney review it before signing. After the fact, if you want to dispute the agreement, you will likely also need the advice of an employment lawyer to...Read more »
What are some examples of the below meaning of "attempt"? Does this mean such if an employee who already has intermittent FMLA and makes a claim or an attempted claim to attempt to exercise FMLA? If so can an employer terminate an employee for attempting to use even if FMLA was not... Read more »
Some serious medical conditions arise with very little warning and employees are not able to give 30 days advance notice of their FMLA leave as one might do in the case of pregnancy/maternity leave. When a medical emergency occurs suddenly and an employee wants to use FMLA, they must notify their...Read more »
To represent you for a 14th Amendment violation, or any other civil rights case, you need a civil rights attorney. If you’d like to give the details of your case in writing for consideration by a civil rights lawyer, many law firms allow you to describe your case using the “contact us” form...Read more »
I work for a healthcare company and they have singled me out more than once, along with other CNAs, threatened to fire me over being sick and having car problems. And said if I was sick one more time or late due to car problems I would be fired.
While it is legal for a company to fire an employee for almost any reason, such as missing too many days of work, it is not legal to subject an employee to harassment More detail is needed here. You say you were “singled out.” Do you feel you are being treated differently as an employee or...Read more »
More details are needed about the specifics and the timing, but it sounds suspicious that you were fired after reporting sexual harassment. While it is legal in most states to fire someone without cause, it’s not legal to retaliate against an employee or whistleblower who reports wrongdoing by...Read more »
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