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
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
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
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
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
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?
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
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
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.
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
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
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
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
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
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
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
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.
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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