My current employer is asking me to sign an updated restrictive covenant covering idea’s and patents.
I am concerned because, outside of my current employment. And outside of my current employers scope of business. I wish to pursue several patents.
The wording of this document... View More 
answered on Jun 13, 2022
It is always a good idea to have an employment lawyer review any contracts with your employer before you sign them. After reviewing the fine print, the employment lawyer can advise you whether to sign the updated document, or ask for modifications. Best of luck!
HR was notified and investigation is being conducted, however, the person involved is in a "senior" position. Kind of like supervisory and someone who calls other's religious beliefs "ridiculous" should not be in such a position. What should I do? This company is also a... View More
answered on May 12, 2022
The most important question here is was this an isolated incident, or this one part of a larger pattern? While this is not the exemplary behavior we’d expect of a person in a supervisory role, if it’s an isolated comment, it’s not necessarily illegal. To be considered religious discrimination... View More
I work at a private, for profit vocational school, and I was assaulted by a previously enrolled student on campus. I reported the incident to my supervisor and superiors, and I am afraid that they will end up reenrolling the student sometime in the future. I requested that the student, who hit me... View More
answered on Apr 22, 2022
You did the right thing in reporting the incident to management. However, the school does not have to honor your request not to re-enroll the offending student. If they do re-enroll the student more information is needed. Is your employer taking steps to keep you out of harm’s way despite... View More
My job recently implemented an English-only rule. I work at a fast food place and while English is the language most spoken by our employees, we do have quite a few employees who speak only speak Spanish. Is it legal to require them to speak English at all times while on the clock? Management says... View More
answered on Apr 22, 2022
An English-only policy is illegal unless it is enacted for the safety of employees and customers. If such a policy applies to conversations outside of customer interactions as you describe, you may have a case for discrimination on the basis of national-origin. Schedule an appointment with an... View More
Apparently they say two months post retirement that I lack .40 in time in order to have meet healthcare benefits eligibility. I would not have made the decision to retire knowing this was the case. I would’ve continued working. However, I was informed that I met eligibility requirements. I have... View More
answered on Mar 24, 2022
More information is needed here. Is the “retirement center” part of the human resources department at your former employer, or somehow affiliated with the company? If you’ve got it in writing from your employer that you were eligible for healthcare benefits upon retirement, it seems like the... View More
I am curious if there is any recourse for uprooting my life then being laid off due to restructuring. I was rushed to move and employed for a month before being laid off. I was offered two months severance and didn’t sign as it doesn’t cover my expenses or having to relocate again. Per... View More
answered on Mar 24, 2022
You did the right thing in taking time to review the severance agreement before signing. Ask an employment attorney to review the relocation contract (and the severance package) to see what recourse might be available to you. Perhaps there is some negotiation room in the severance package... View More
I was terminated from my job in NC which is a 'work at will' state. I don't have enough proof in writing to dispute the termination but I do want to have the exit documents reviewed to make sure I'm not screwing myself. It looks like I have to sign their exit documents to get my... View More
answered on Mar 24, 2022
It is always advised to have an employment lawyer review any documents from your employer before signing them, especially severance packages. An employment attorney can review the lengthy document and “translate” it into layman’s terms for you, and advise you on next steps. Best of luck!
I have been working at my company for over 6 months and now they are trying to cut my pay in half, and even more than that and expecting me to take on more responsibility. And say I have till Monday to sign it or I cant come back to work. Is this legal? Can they do this with no prior notice???
answered on Feb 10, 2022
If you are a contracted employee, as opposed to an at-will employee, your employee must honor that contract for the length of its term. Do not sign a new contract before an employment lawyer has reviewed it on your behalf! However, if you are an at-will employee, your employer may change the terms... View More
I've been working at my current position for over a year now. I am constantly bullied, harassed, and intimidated by coworker and a higherup. I have reported this several times, but nothing has been done. When I have had meetings to explain why I feel I am being treated poorly, it is blamed on... View More
answered on Feb 10, 2022
If you have not done so already, report your experiences to the HR department, and document their response, if any. You have the right to work in an environment that is free from harassment and bullying. Before you leave this job, meet with an employment lawyer to discuss your case and to see if... View More
He says, I have to sign a document and return company property in order to get my paycheck. He also still owes me another (my final) paycheck.
answered on Feb 10, 2022
It is always advised to have an employment lawyer review a contract in a situation like this before signing it. Contact an employment lawyer to review the document, and to discuss pursuing back wages if your employer is improperly withholding them.
They are requiring unvaccinated employees to use vacation / PTO & paying vaccinated employees without having to use their PTO / Vacation time. Keep in mind that the quarantine rules are the same regardless of vaccination status, 5 days for exposure and 10 days for a positive Covid test.
answered on Jan 13, 2022
Employers are legally only required to pay employees for time worked. Allowing vaccinated employees to quarantine without using vacation time is perhaps an incentive the employer is using to encourage Covid vaccination among its employees. While this policy may seem unfair considering getting... View More
My RN wife was escorted out of the facility shes working at by the Director of Nursing because she refused to do something she was not trained at. With this, she felt harrased. But when she brought this up with HR, no action was done therefore, harassment of the Director of Nursing went on. She... View More
answered on Jan 13, 2022
Workers have the right to work in a professional, harassment-free environment and they have options for recourse when that is not the case. Legally, the intolerable working conditions in a hostile work environment claim result from an employee’s sex, race, religion, national origin, veteran’s... View More
answered on Jan 13, 2022
The Family and Medical Leave Act, or FMLA, is a federal law that gives employees the right to up to twelve weeks leave from their job to care for a loved one or take care of their own serious health condition. When you return from FMLA leave, you are entitled to get your job back, either reinstated... View More
As an employee, Witnessed a manager debate and follow through with assaulting another employee with an ice cube, after stating that same action just broke his glasses, submitted an existential complaint to management, who also neglected their duties, and took adverse action, after the complaint and... View More
answered on Dec 17, 2021
You should file a report with human resources documenting what you witnessed. However, when you do this, be prepared for possible retaliation against yourself. If management retaliated against the victim in this case, they may do the same to you. If this happens, keep documentation of all... View More
I have a non-compete agreement with my current employer in Norman, OK. The agreement states that "To the maximum extent permitted by law, this Agreement will be interpreted under, and governed by, the laws of the State of Wisconsin." Can they enforce this agreement on me in Oklahoma or... View More
answered on Dec 17, 2021
While there are several different states mentioned here, they don’t matter as much as what exactly you agreed to when you signed the non-compete agreement. Please review with an employment lawyer before taking any action so you can be informed of any potential consequences. If you do start... View More
I was wrongfully fired after 5 yrs there. Never received any warning for attendance for guidelines in employee handbook. I had to call in the second week after returning from a 34Day quarantine Indiana H.D. Put me on cuz mom got COVID and taking chemo. I used protocol for call in. No warnings ever... View More
answered on Dec 17, 2021
While your experience sounds unfair given the circumstances, California is an at-will state, meaning an employer can terminate you for any reason or no reason at all. While the need to quarantine during a global pandemic is a valid reason to miss work, your employer is not obligated to hold your... View More
A few years ago, I reported a coworker for harassment and stalking. After a month, the coworker was eventually fired for a separate complaint from another department. My claim, it turns out, was never investigated or recorded. I didn't find this out until after I was no longer assigned to a... View More
answered on Nov 19, 2021
It is illegal for an employer to retaliate because of a sexual harassment report against a coworker or a supervisor. Contact an employment attorney to discuss your evidence. It will be difficult to prove you were deemed ineligible for promotions, etc. at work, but if you have documentation, you may... View More
My seasonal role turned permanent, then I was fired weeks after reporting a sexual & verbal harassment incident; I was demoted and reported to another department and had no idea until another employee mentioned it. My vehicle was vandalized on the companies property, my timecard was deactivated... View More
answered on Nov 19, 2021
In “at-will” states such as Virginia, your employer can fire you for any reason, except for an illegal reason. However, you should consult with an employment attorney as soon as possible to see if enough evidence to support your claim of retaliation after reporting sexual harassment. This would... View More
I work from home and I dont have my kids in daycare because I am home with them. My boss found out and got upset
answered on Oct 14, 2021
In “at-will” states such as Florida, your employer can fire you for any reason, or no reason at all, so if this does happen, it is not illegal. What might be illegal, however, is if your boss is aware that other employees with children are also working from home without daycare and is not upset... View More
I literally received an email from my employer asking me to provide more info about my religious exemption and was told that I must respond within 3 calendar days and included a series of questions that I have to answer regarding my religious affiliation
answered on Oct 14, 2021
Your employer is within their rights to follow up on your request for a religious exemption to verify that it is a truly held religious belief. You should comply with their request for more information if you wish for them to grant you an exemption to their requirement for the Covid-19 vaccine.... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
