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Questions Answered by Eva Zelson
3 Answers | Asked in Employment Law for California on
Q: My employer is paying me less than California minimum to pay an exempt employee. How do I go about this?

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

Eva Zelson
Eva Zelson
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

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2 Answers | Asked in Contracts and Employment Law for Washington on
Q: My workplace laid me off and paid me $500 severance. Now they are saying if I don't sign an NDA I must return it.

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

Eva Zelson
Eva Zelson
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....
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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Ima male in CA and discovered that a female employee with the same job title as me gets paid more. Equal wage violation?

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

Eva Zelson
Eva Zelson
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

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2 Answers | Asked in Employment Discrimination and Employment Law for Texas on
Q: discrimination in the work place

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

Eva Zelson
Eva Zelson
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

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2 Answers | Asked in Employment Law for Texas on
Q: Can i quit my job if i have signed a employment contract

My offer letter states that my employment is at will but the terms of employment contract i signed is not at will

Eva Zelson
Eva Zelson
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

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2 Answers | Asked in Employment Law for California on
Q: What are the guidelines for salary exempt? Scheduling 50 hours not paying for time missed and no sick pay or vacation

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?

Eva Zelson
Eva Zelson
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

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2 Answers | Asked in Employment Law and Health Care Law for Michigan on
Q: I am on FMLA for my disabled son. Every time I have to take off work to take my son to Dr my work makes me use my PTO

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

Eva Zelson
Eva Zelson
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

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2 Answers | Asked in Employment Law for New Jersey on
Q: Am I required to hold an emergency/on call phone when my employee contract never stated one ?

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

Eva Zelson
Eva Zelson
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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2 Answers | Asked in Employment Law for New Jersey on
Q: my job requires us to be on call for a week at a time. We are only compensated for time+.5 for hours worked not waited

I just want to know if that sounds right, we are expected to answer at any point and time and phone has to always be charged I never signed anything to be on call it just ended up being thrown onto me

Eva Zelson
Eva Zelson
answered on May 24, 2023

It is legally correct that you should be compensated for hours worked only. However, this is something that both the employer and the employee should be clear on what’s expected. Must you stay within a certain radius of your workplace when you’re on call? Are you required to answer calls at all... View More

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3 Answers | Asked in Employment Law, Health Care Law and Gov & Administrative Law for California on
Q: Should I inform my current employer of my pre existing clinical depression, or keep it to my self?

When hired for this position I had to get examined at a Concentra medical clinic and pass as a condition of employment. At this time I disclosed that I had a history of depression, the doctor asked if it was under control, and at which time it was so I answered truthfully yes. I was cleared by the... View More

Eva Zelson
Eva Zelson
answered on Apr 19, 2023

It is illegal for your employer to terminate you on the basis of a medical diagnosis. However, if you feel you need to negotiate accommodations for your job based on your medical diagnosis, it may be worth coming forward. However, your employer will still expect you to be fully competent at your... View More

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2 Answers | Asked in Business Law, Contracts and Employment Law for Illinois on
Q: Employee Non-Competition and Confidential Information Agreement" enforcement.

Back in 2002, I signed a "Employee Non-Competition and Confidential Information Agreement" with my employer, which is a tire dealer. In 2004 I resigned from this company and worked for a another company about 25 miles away from my previous employer that I resigned from. It was also a tire... View More

Eva Zelson
Eva Zelson
answered on Apr 19, 2023

To answer with 100% certainty, an employment lawyer would need to review the terms of the original agreement. However, most non-competitive agreements are valid for a two year period. Given that the document is now more than twenty years old, it is likely unenforceable. Again, for absolute... View More

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2 Answers | Asked in Employment Discrimination and Employment Law on
Q: My 28 year old daughter was receiving help in a psychiatric hospital during which she was terminated from her employment

Is this legal inTexas?

Eva Zelson
Eva Zelson
answered on Mar 24, 2023

More information is needed in this case. While employers are required to grant reasonable accommodations to employees with disabilities (psychiatric concerns do qualify as a disability), employers cannot accommodate what they do not know about. However, if the employer did know about the request... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Harassment at work has been reported and nothing done

I work for the state of illinois. A coworker has harassed me several times recently. I’ve reported it in writing to my supervisor. I’ve sent him the email of the harassment and nothing is done. I’ve also been written up for saying “I’m not a fan of him” when referring to the person... View More

Eva Zelson
Eva Zelson
answered on Feb 9, 2023

You absolutely have the right to work in an environment free from harassment, and your employer has an obligation to do something about it if you report harassment in the workplace to them. However, to qualify legally as a hostile work environment, the harassment must be so severe or pervasive that... View More

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4 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can an employer retaliate for an employees unwillingness to participate in inflating numbers for contract reporting

I work for a non profit and we have contracts with various local government agencies. We are to provide services to callers who request legal information. I expressed a serious concern that cases were being duplicated in our reporting. After pulling data, the numbers are in the hundreds -... View More

Eva Zelson
Eva Zelson
answered on Feb 9, 2023

By definition, a whistleblower is someone who exposes illegal or unethical activity in an organization or business. Federal whistleblower law protects employees who report acts of wrongdoing on the part of their employer. To prove retaliation for whistleblowing in court, you must show evidence that... View More

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3 Answers | Asked in Employment Law and Civil Rights for California on
Q: What do I do if an agency refuses to give me my check unless I sign a paper?

I worked for an agency and they forgot to pay me a days worth of work. When I told them about it they had “no knowledge”. When they did have my check they refused to give it to me unless I sign a paper. So I’m not sure what to do here. I haven’t signed anything.

Eva Zelson
Eva Zelson
answered on Jan 25, 2023

What are they asking you to sign? Is it documentation of receipt of the check, or something else? It is certainly illegal for a company to hold a paycheck or back wages hostage. If you are unsure about signing any paperwork with your employer, contact an employment lawyer and ask them to review it... View More

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3 Answers | Asked in Employment Law for California on
Q: Can my job ignore my doctors note and do nothing just because they don’t understand it

Kaiser said they only fill out doctors notes by percentages. My job said that percentages can mean anything so as of right now my doctors note is basically being ignored and I’m not getting any accommodations right now.

Eva Zelson
Eva Zelson
answered on Dec 21, 2022

A request for accommodations should be a dialogue between the employer and the employee. If your employer’s inaction or lack of response is due to a lack of clarity from your doctor, you need to start again. Instruct your doctor to specify exactly what you need from your employer and why you need... View More

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2 Answers | Asked in Employment Law for California on
Q: my employer is withholding funds that are supposed to be in a retirement account. I want to know what I can/should do.

The contributions shown on my retirement account were significantly lower than what was shown to be taken away from my paycheck, which should be 5% of each paycheck. I believe that the company is doing it on purpose because of a lot of things. The business was slowing down significantly during this... View More

Eva Zelson
Eva Zelson
answered on Dec 21, 2022

Contributions to your retirement funds are part of your employee compensation and it is most definitely illegal for your employer to skim that money away from you. If your attempts to be made whole through communications with management/payroll/human resources do not get results, contact an... View More

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2 Answers | Asked in Employment Law and Employment Discrimination for New Jersey on
Q: I am looking for support for an ADA issue I am dealing with at my workplace, regarding an ADA accommodation denied

I am asking to work remote 5 days per week. We already are remote 3 days per week. I have provided several doctor's note about my disability in hopes they would accommodate something that 1. we already do more than half the week and 2. the entire company did during COVID which proved remote... View More

Eva Zelson
Eva Zelson
answered on Dec 21, 2022

Your employer is not obligated to grant your disability accommodation exactly as you requested. However, they are obligated to engage in an active dialogue with you to reach an agreement that will work for both parties. If your employer is refusing to engage in a dialogue with you, contact an... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for Oregon on
Q: Should I consult an employment attorney before signing a separation agreement?

My position was "eliminated" under unusual circumstances. I lost my mother in March and sister in September. Despite this, I did my best to continue working. My employer started outsourcing my work even though I was managing the load and delivering on my goals. I was offered 2 mos.... View More

Eva Zelson
Eva Zelson
answered on Nov 10, 2022

It is always good advice to have an employment law attorney review any agreement with your employer before signing it. As you suggested, the attorney can offer an assessment on the agreement and if what they’re offering you is fair, and perhaps negotiate more favorable terms on your behalf. It is... View More

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2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for Michigan on
Q: Can I get legal aid to recover damages due to disability discrimination and ADA violations by the City of Detroit.

I used to work for the City of Detroit, I had two emergency surgeries in May 2020, one to amputate my left foot and another surgery the next day to amputate my left leg below the knee due to contracting a flesh-eating bacteria that was progressing rapidly and was life threatening.

I was... View More

Eva Zelson
Eva Zelson
answered on Nov 10, 2022

You may be able to work with an employment law attorney on a contingency basis, meaning that if you win the case or are able to settle, the lawyer's fees come out of the money awarded to you, but if you lose in court, you don’t owe the lawyer any fees. You may have a case that a... View More

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