While it’s possible that your discharge was wrongful, there is nothing in your post that suggests it was wrongful. The term “wrongful termination” is a legal term of art which doesn’t mean what you think it means. A wrongful termination only occurs if the discharge was based on you being a... View More

You haven't presented any information upon which an attorney can conclude that you have any cause of action. What you need to understand is that discrimination and retaliation are not generally illegal. You only have a claim if any alleged discrimination is because you are a protected class... View More

There is a common misconception among laypeople that an employer must honor light duty restrictions. In fact, most employers don’t allow employees to work until they are released from all restrictions. This is actually the smarter approach for employers because those with restrictions are quite... View More

You can claim anything you want; what matters is whether you can prove it. More importantly, contrary to the public's misconception, retaliation is not illegal. Your alleged retaliation is your boss being unhappy that you reported him for not doing his job. That is not actionable. It is only... View More

Generally speaking, an employer isn’t required to pay out unused PTO. Whether or not it does so is up to the employer’s policies. You indicate that additional work was offered, which you declined as you felt it was only temporary in nature and possibly not full time work. I disagree with your... View More

Yes, your employer can certainly recoup damages for which you were responsible. The employer is also able to deduct such damages from your paycheck. However, it cannot deduct an amount that results in your effective hourly rate being below the minimum wage as that violates the Fair Labor Standards... View More

Yes. Most attendance policies are no-fault policies, which means it doesn't matter why you were absent. This makes sense because from the employer's perspective, your absence has the same impact whether it was because you were sick or just blowing off work. You are only protected if the... View More

Some people try to beat a drug test by using someone else’s urine, and will even go so far as to use something in their pants to make it appear they are urinating into the specimen cup. It may be necessary to pat you down to ensure you are not utilizing such methods to avoid a positive result.... View More

You can certainly quit your job, but it is rather difficult to get benefits if you resign. You must prove that you “quit for good cause attributable to the work or employer.” This is an objective standard, meaning that you must be treated so poorly that anyone would have quit under the... View More

Is your father benefiting from your use of those utilities in his home while he lives elsewhere? No, so you shouldn’t be using his money to pay for them. Incidentally, are you paying rent for your use of your father’s home? If not, then you are depriving your father from the rental income he... View More

If her name is on the deed, then by definition it isn’t solely in your name. Perhaps you mean the mortgage is only in your name but that is a different issue.

As part of the divorce proceedings the court will make a division of the marital assets, and the house is one of those assets. So... View More

It is legal for an employer to deduct amounts from an employee’s paycheck provided it doesn’t result in the employee’s effective hourly wage (gross pay less deduction divided by hours worked) being below the minimum wage, as that would be a Fair Labor Standards Act (FLSA) violation. I agree... View More

The roofing company's contract is not enforceable because it was signed by someone who lacks the authority to act on your parent's behalf. Your brother is not on the hook for anything because he has not breached the contract. If canceled, the roofing company is entitled to 35% of the... View More

Let me first thank you for your service. I’m sorry that you have considerable disability.

Unfortunately, I don’t believe you have any legal basis for contesting the matter. Being disabled doesn’t make exempt from city ordinances regarding lawn maintenance. As for the due process... View More

I should note that no attorney can accurately assess the ramifications of a contract without reading it in its entirety. That said, I will offer the following:

First, how old are you? Under Missouri law, you are not competent to enter into a contract until you are eighteen (18) years old.... View More

I’m not sure I’m understanding your question. The employer can certainly cut your hours as it sees fit. I don’t understand what you mean by “took away hours from my current pay period to compensate for overtime paid in the previous pay period.” Reducing hours in one week will not avoid... View More

If you were discharged due to your disability as you allege, you would have a potential ADA case. However, I think you posted this before and said you had a "potential" but not "firm" return-to-work date when the Employer filled your position. Your job was no longer protected by... View More

Once you exhaust your FMLA, your job is no longer protected, and you can be let go. There is no prohibition against letting someone go simply because they are out on a leave of absence, whether or not it is related to a disability. Many employers take the position that failure to return to work... View More

You haven’t actually asked a question, but I will attempt to provide some general information regarding discrimination claims.

You indicate you filed a complaint against your boss for preferential treatment. That is just another way of saying discrimination, so what was the basis for the... View More

The answer is "it depends." Generally speaking, if you work over 40 hours in one week (based on the payroll system's designation of when the week begins and ends), then you are entitled to receive overtime pay. However, I understand that certain entities are able to use a two week... View More