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Questions Answered by Greg Mansell
1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: Can a employer hire you and then give you a start date to

turn around and say they dont know when you would be starting diploma

Greg Mansell
Greg Mansell answered on Feb 10, 2020

Technically an employer can extend your start data unless there is a contract (not just an offer) regarding a start date. An employer can also rescind an offer. On the other hand, you do not have to put up with extensions and are free to continue your job search. If you find a new job, take it!

1 Answer | Asked in Employment Law for New York on
Q: Class action filed 2017.After this, employees sign a waiver restricting class action suits. Can they cash their check?
Greg Mansell
Greg Mansell answered on Feb 10, 2020

This depends on whether they joined the lawsuit prior to signing the waiver. If they received a check, it sounds like the class was certified prior to signing a class action waiver. So they can likely cash their check since they already joined the lawsuit prior to signing.

1 Answer | Asked in Employment Law for North Carolina on
Q: Is my relocation repayment agreement enforceable in this situation?

I transferred to another state with my existing employer of 9 years and was given a relocation package. It had a 2 year repayment agreement with a prorated amount due each month starting in year two. The division I worked in was recently dissolved and I was offered a new position with considerably... Read more »

Greg Mansell
Greg Mansell answered on Feb 5, 2020

The answer depends on the language of the repayment agreement. The repayment agreement is just a contract. There are usually terms that address broad situations, such as being transferred to a position that is or is not comparable to your current position. You should look at the Agreement and see... Read more »

1 Answer | Asked in Employment Law and Sexual Harassment for Texas on
Q: If I signed a document at eeoc that I would not pursue the case , can I reopen it for sexual harass on job in 2017

I was talked into signing and scared for my life

Greg Mansell
Greg Mansell answered on Feb 5, 2020

Generally, the EEOC is limited to actions that occurred within 180 days of the filing of a charge. This can be extended in certain states whereif a state or local agency enforces a law that prohibits employment discrimination on the same basis. The exception is that if you allege the act was an... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Missouri on
Q: Are employers allowed to request a dr note from an employee every time there child or self is sick?

This is not a standard policy for all employees in this company

Greg Mansell
Greg Mansell answered on Jan 22, 2020

Unfortunately, there is nothing the legally prohibits an employer from requiring a doctor's note for missed absences due to illness.

2 Answers | Asked in Employment Law for Arkansas on
Q: Is it legal for employer to take tips as a punishment for minimum wage employee?

We keep tips and divide out every other week between pay periods and employer is taking tips because of item deletions and using them to buy espresso shots for company contest.

Greg Mansell
Greg Mansell answered on Jan 22, 2020

Tips are always the property of the employee. The only deduction an employer can make is for the ACTUAL cost of a credit card transaction. As stated by Rhiannon below, even under a lawful tip pooling arrangement, the employer cannot retain tips for the reasons you have provided. Contact a wage and... Read more »

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1 Answer | Asked in Employment Law for Ohio on
Q: subpoena was taken to my parents house but I was not there and not directly served. Do I still need to abide by

It states that I need to report to a lawyers office on a certain date. I do not even know what this is for. Do I have to go since I was not served directly? It so, am I able to obtain information about what this is for before I go?

Greg Mansell
Greg Mansell answered on Jan 16, 2020

If you reside at the residence and someone over 18 signed for you, then yes - you need to appear. You can absolutely contact the law firm or lawyer that issued the subpoena and ask what it is about or even ask to reschedule.

3 Answers | Asked in Employment Law for Ohio on
Q: Unpaid work/hours at a job. Is it legal

They give us 12 hours of work to finish in 8, but only pay for 10. The extra 2 is straight pay, and not overtime, is it legal?

Greg Mansell
Greg Mansell answered on Jan 15, 2020

In addition to what Ms. Dyer said below (which is 100% accurate), they may be violating minimum wage laws as well. It will depend on your hourly rate. You should contact an employment attorney to go over the details and provide the additional information needed to determine the violations and the... Read more »

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4 Answers | Asked in Employment Law for Ohio on
Q: Can my employer request me to come in 15 min early and not pay me? I have done this for 5 years with out fail.

Also if they have to pay me, will it be considered overtime?

Greg Mansell
Greg Mansell answered on Jan 8, 2020

Absolutely not. This is a violation of federal and state wage laws. You should be compensated for this time. Feel free to reach out if you would like to explore pursuing this matter and getting paid for your time worked but not paid.

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1 Answer | Asked in Employment Law for Connecticut on
Q: I work for a co. that fertilizes and seeds lawns. I am the bookkeeper and office help. Should I be paid time & a half?
Greg Mansell
Greg Mansell answered on Jan 3, 2020

You may be exempt from overtime under the administrative exemption. In order to meet this exemption you must: (1) be paid on a salary basis and (2) you must meet the administrative duties test.

To be paid on a salary basis, you must be paid a guaranteed amount each week that is not...
Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: My employer repeatedly sends me home off the clock ranging from 2-7 hours at a time. Then says I must come back and

I don't get paid any time I'm off waiting to come back. I work in Ohio. Is this legal?

Greg Mansell
Greg Mansell answered on Dec 28, 2019

You may be entitled to pay for this time but you might not be. There are a lot of factors that must be analyzed to make this determination. These include:

(1) the frequency of the calls to the on-call employee;

(2) geographical restrictions on the employee's movements;

(3)...
Read more »

1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for Ohio on
Q: Can I sue my previous employer for hiring for a position in one city(moved 2 city) and then they assign me 2 diff city?
Greg Mansell
Greg Mansell answered on Dec 20, 2019

An employer has the ability to transfer its employee. Absent an employment contract, it does not violate the law for them to assign you to a different city. If you are at will, you are free to quit if you do not wish to travel to the new city.

1 Answer | Asked in Employment Law for Oregon on
Q: I have not been paid for all my hours, and no longer work for that employer. What can I do?

The last day I worked was 11/18/19. I was not paid for the hours worked that day, nor for 3 hours on the 15th of Nov.

I let someone in payroll know on the 21st of Nov. there was a discrepancy with my check, and she indicated that it was right.

I then asked for copies of our login... Read more »

Greg Mansell
Greg Mansell answered on Dec 20, 2019

Typically each state has a law that requires employers to pay employees in a certain amount of time. 30 days is fairly common. If you have still not been paid, you should contact an employment attorney in Oregon to see your options for going after your unpaid wages.

1 Answer | Asked in Employment Law for Oregon on
Q: I am a salaried employee. However, on my check stub it clearly states "Basis of pay: Hourly." Am I truly salary based?

My stub clearly shows an hourly wage at 40 hours per week when I usually put in 50 or more. At the bottom of the stub it says my basis of pay is hourly. I am also required to put in a minimum of 45 "Open hours" of work, meaning business hours. So getting in before we open and staying late after we... Read more »

Greg Mansell
Greg Mansell answered on Dec 20, 2019

Whether you are paid on a salary basis depends on several factors. If you work less than 40 hours, do you they only pay you for the hours worked or do they pay you the full 40 hours? Were you told when you started that you would be salary? Do you have a written offer? What is shown on your... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: I am not being paid the right hourly rate and have told my manager/gm and nothing seems to being done about it?

I work as a dishwasher at a local restaurant and my hourly pay for dishwashing is $10 an hour. I have trained to be a cook and am now working cooking shifts. The hourly rate for a cook is 13 dollars an hour. I trained for 2 days being a cook for $10; aside from that I have had 4 cooking shifts... Read more »

Greg Mansell
Greg Mansell answered on Dec 16, 2019

Keep requesting that they make the change. There is no law that requires them to pay you a certain amount based on the job. They are only required to pay you minimum wage.

1 Answer | Asked in Employment Law for Texas on
Q: fired because a customer says they did not sign the work order when they actually did
Greg Mansell
Greg Mansell answered on Dec 12, 2019

This is not "fair" but it does not violate the law unless it is a pretext (cover up) for unlawful discrimination or retaliation. Additional options may apply if you are covered by a Collective Bargaining Agreement.

1 Answer | Asked in Employment Law and Employment Discrimination for Mississippi on
Q: Is it okay to be intimidated at the workplace

The practice owner goes back and forth if he likes me or not. Recently, he got rid of his old crew and I’m the last. Now, he is going over my boss’s authority trying to get me fired but they have no reason so they can’t. I’ve recently had to be put on nerve medicine due to the treatment. Is... Read more »

Greg Mansell
Greg Mansell answered on Dec 12, 2019

It is not "okay" to use intimidation tactics but it may not be unlawful. If the treatment is based on your belonging to a protected class (eg. age, race, gender, religion, disability, national origin, etc.) then it become discrimination under Title VII and make potentially be a hostile work... Read more »

1 Answer | Asked in Employment Law and Insurance Defense for Ohio on
Q: On pay stub it ha F-LCBF mean
Greg Mansell
Greg Mansell answered on Nov 18, 2019

It sounds like something your employer put in manually. It is not a standard abbreviation used on paystubs. I would ask you HR department.

1 Answer | Asked in Employment Law for Minnesota on
Q: Can my former employer withhold wages for not returning my employee handbook?

My former employer is withholding my wages for not returning my employee handbook. I’ve read the handbook front to back numerous times, it doesn’t state anything about being penalized for not returning it. I’ve also never signed anything or been verbally told otherwise on the matter

Greg Mansell
Greg Mansell answered on Nov 6, 2019

This could violate the Fair Labor Standards Act if the deduction of wages results in you making less than minimum wage for all hours worked.

1 Answer | Asked in Employment Law and Civil Rights for Alaska on
Q: Can a company use screenshots taken from a private message on social media to discipline an employee?

A coworker’s social media account was accessed by another employee on a work computer. Screenshots were taken by employee who was not intended recipient. They are being used against me in a disciplinary meeting. Neither of the intended parties gave permission for screenshots to be taken of... Read more »

Greg Mansell
Greg Mansell answered on Nov 6, 2019

If you work for a private employer, yes. Your employer can take action. The employee who intercepted them, however, may have violated laws in how they were obtained.

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