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 
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
Is this legal inTexas?
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
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
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
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
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
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.
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
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.
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
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
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
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
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
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
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
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
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
I rented a Uhaul truck from a facility and paid for it in full, and then on my drive home I was followed by police, pulled over, and then had 6 cop cars swarm me and demand i get out at gunpoint. I was detained, placed into handcuffs, read Miranda rights, and then told the truck was stolen. I did... View More
answered on Oct 20, 2022
False imprisonment occurs when an individual is wrongfully held in custody. However, if you are arrested based on evidence, even if it is later revealed that the evidence was incorrect and that you are actually innocent of the accused crime, you probably do not have a claim for false arrest because... View More
Degenerative Disk Disease/ Plantar fasciitis in the left foot workers comp award was made in favor of
the employee in 2010 for the foot. The employee has been there 25yrs his age is 56 Latino male is this a strong case under the ADA laws, Federal, State, and local? The employee feels like... View More
answered on Oct 20, 2022
Employers are required to grant reasonable accommodation requests from employees with documented disabilities as long as the accommodation doesn’t cause undue hardship on the employer. It seems reasonable that the employer would respond within six months, however, more information is needed.... 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
Is this legal and what can I do cause the EEOC I can't even get an appointment with
answered on Mar 24, 2023
It is illegal for an employer to deny you a promotion because you took FMLA leave, and employers cannot retaliate against you in any other way because of FMLA leave. If this is the case for you, contact an experienced employment law attorney who will guide you through the process of filing a claim.
Was unable to defend my character as my new hired ED had terminated my position prior to a meeting set up that I sat for nothing. Their decision was already made. Executive Director stated she had documented proof of allegations of me bullying , threats made to staff and rumors and gossiping. I ask... View More
answered on Sep 23, 2022
It sounds as if you may have been fired in retaliation, but more information is needed. You mention information you learned some information you “shouldn’t have.” Does this relate to illegal activities or activities against company policy that could get management or co-workers in trouble? If... View More
Currently, I’m in the process of being hired by an airline. According to the airline, “Where permitted by applicable law, must have received or be willing to receive the COVID-19 vaccine by date of hire to be considered for a U.S.- based job, if not currently employed by XXXXX Airlines. ”... View More
answered on Sep 23, 2022
When an employee requests a medical exemption or accommodation, it is commonplace for an employer to ask for verification of the specified medical condition, including documentation from a doctor. Similarly, in the case of a request for a religious exemption, the employer may ask for documentation... View More
answered on Sep 23, 2022
Unless the employee can prove that wearing their hair loose represents religious expression, then yes, the employer can make rules mandating ponytails in the warehouse, especially since this is likely a rule in place with everyone’s safety in mind. When employees wear their hair or facial hair in... View More
I was employed with my employer for about 5 months. During my time there I was constantly being harassed by other employees then being called into HR and accused of the same. Last week, I went on emergency leave to go up to TN because I found out that my father was having heart surgery and was in... View More
answered on Aug 28, 2022
More information is needed. Was there any basis for the harassment you received from co-workers? Was it based on your status in a protected class, like race, religion, age, sex, national origin, or disability? If this is the case, and you were fired in retaliation for reporting the harassment, you... View More
I work home health in which hours are generally dependent on pts consensus, but that is not specifically stated in my contract. My contract says full-time, and HR has specifically stated full-time is 40hrs.
answered on Aug 28, 2022
Unless you have a contract with your employer that specifically stipulates that they will pay you for 40 hours a week, you likely cannot pursue unpaid wages in this case. While many people think of a 40-hour work week as full time, as few as 32 hours per week can be considered full time. In... View More
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