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Questions Answered by Eva Zelson
2 Answers | Asked in Employment Law for New Jersey on
Q: I am appealing my NJ unemployment case and would like to know if it is wise to get a lawyer? need free council

I am unemployed and receive NJ snap benefits. I am negative in my bank account and I can not afford council. is there help for me?

Eva Zelson
Eva Zelson answered on Sep 17, 2021

Many employment lawyers offer free consultations to prospective clients and this may be helpful to you in finding out how strong your case is before proceeding. Good luck!

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2 Answers | Asked in Employment Law and Employment Discrimination for Michigan on
Q: An individual verbally harassed and physically threatened me at work -& there's video evidence. What are my options?

The individual that harassed me continues to work there, and creates a hostile environment.

Eva Zelson
Eva Zelson answered on Sep 17, 2021

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 »

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2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can my employer require proof of COVID Vaccine in Florida if I have a medical condition?
Eva Zelson
Eva Zelson answered on Aug 11, 2021

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 »

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2 Answers | Asked in Employment Law for Michigan on
Q: Do I have any recourse against my employer for firing me for not getting the covid vaccine?

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?

Eva Zelson
Eva Zelson answered on Aug 11, 2021

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 »

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3 Answers | Asked in Employment Discrimination for Michigan on
Q: An employer didn’t hire me because they said they didn’t think the job would be financially and emotionally fulfilling.

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 »

Eva Zelson
Eva Zelson answered on Aug 11, 2021

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 »

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2 Answers | Asked in Employment Law for Pennsylvania on
Q: If I’m put on unpaid suspension, can my boss make me work my next scheduled shift, then start my suspension?

I am an hourly employee in the state of Pennsylvania. I was told I was suspended on a Wednesday or Thursday, and that I needed to work my Saturday shift, then my suspension starts Sunday.

Eva Zelson
Eva Zelson answered on Jul 22, 2021

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 »

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2 Answers | Asked in Employment Law for Florida on
Q: When applying for a job in Florida can i be retaliated against for refusing to answer questions about past salaries?

To my knowledge, Florida is not a state with legislation that enforces a salary history ban, so a potential employer has the right to ask about past salaries in the.

I also understand I have to right not to answer these questions but I am unaware as to weather there are protection in place... Read more »

Eva Zelson
Eva Zelson answered on Jul 22, 2021

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 »

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2 Answers | Asked in Employment Law for Washington on
Q: is it legal to record someone with out consent or knowledge if its to catch them harassing you at the workplace

the harassment is both verbal abuse and sexual in nature. no physical sexual harassment so the recording would be audio

Eva Zelson
Eva Zelson answered on Jun 18, 2021

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 »

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2 Answers | Asked in Employment Law on
Q: my employer only gives me a total of 10 hours of shifts in during 30 days

hello there, my employer is refusing to give more hours, telling me that the business is going slow and should give hours to other old emplyees, knowing that i was hired as a part time emplee

Eva Zelson
Eva Zelson answered on Jun 18, 2021

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 »

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2 Answers | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can an employer make you get a covid vaccine for employment consideration? Sounds discriminatory to me.
Eva Zelson
Eva Zelson answered on May 19, 2021

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 »

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2 Answers | Asked in Employment Law and Gov & Administrative Law for California on
Q: I am a federal government employee. I am being forced to wear a mask because I will not get the COVID-19 "vaccination"

Wearing the cloth masks required do not prevent the COVID-19 virus from being breathed in. What legal grounds justify I wear something that does not protect me

Eva Zelson
Eva Zelson answered on May 19, 2021

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 »

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2 Answers | Asked in Employment Law for North Carolina on
Q: Can an employer drop the pay for the hours you already worked to minimum wage if you quit without a two week notice
Eva Zelson
Eva Zelson answered on May 19, 2021

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 »

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3 Answers | Asked in Contracts for New Jersey on
Q: Can I try to repudiate a contract that I signed when I was 18. I did not understand the significance of the decision.

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 »

Eva Zelson
Eva Zelson answered on Mar 10, 2021

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!

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2 Answers | Asked in Employment Law for Pennsylvania on
Q: Can my employer count my vacation eligibility time from post-pandemic-layoff rehire date rather than original hire date?

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 »

Eva Zelson
Eva Zelson answered on Mar 10, 2021

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 »

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2 Answers | Asked in Civil Rights for Michigan on
Q: daughter went in to police custody had no bruises hospital report done while in custody,came out multiple bruises
Eva Zelson
Eva Zelson answered on Feb 11, 2021

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 »

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3 Answers | Asked in Employment Law for Florida on
Q: I am looking for advice regarding a covenant of non competition in the state of Florida that I signed

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

Eva Zelson
Eva Zelson answered on Feb 11, 2021

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 »

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2 Answers | Asked in Employment Law for Pennsylvania on
Q: What is the exact definition of "Attempt to exercise FMLA rights" under the FMLA prohibitions?

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 »

Eva Zelson
Eva Zelson answered on Feb 11, 2021

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 »

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2 Answers | Asked in Civil Rights for Indiana on
Q: What type of an attorney do I need for civil rights violations 14th amendment and others, against myself and children ?

Are there attorneys who will listen to you for a free consultation for more than 15 minutes

What I need to say would take more than 15 minutes but I really need one person who would listen to it

Eva Zelson
Eva Zelson answered on Jan 27, 2021

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 »

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2 Answers | Asked in Employment Law, Civil Rights, Employment Discrimination and Health Care Law for North Dakota on
Q: What can I do about harrassment in the workplace? HR and state are not doing anything.

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.

Eva Zelson
Eva Zelson answered on Jan 27, 2021

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 »

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2 Answers | Asked in Employment Discrimination and Employment Law for Oregon on
Q: What grounds does an employer have to force you to quit while on medical leave

I was fired well forced to quit while on medical leave and told to get a COVID test before returning this is after i had my hours cut due to making a report of sexual harrassment

Eva Zelson
Eva Zelson answered on Jan 27, 2021

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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