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Alabama Employment Law Questions & Answers
Q: Is my company liable for legal fees after an accident caused by fatigue during long working hours?

I was involved in a fatal accident because I fell asleep driving a company truck during my 28th consecutive hour of work. We worked all day and night at a power plant and then drove back to the shop. We were pressured to finish the job, and the company was aware of how long we had been working. The... View More

0 Answers | Asked in Employment Law and Contracts for Alabama on
Q: Is it legal in Alabama for employers to refuse commission payment after resignation?

I quit my job on 04/07/25, and my employer is refusing to pay the commission for jobs I sold during my last week of employment, even though all jobs were signed and paid for while I was still employed. The job offer I signed did not mention forfeiting commission upon resignation, unlike other... View More

0 Answers | Asked in Employment Law, Employment Discrimination and Sexual Harassment for Alabama on
Q: How long should HR respond to harassment complaint, what if they ignore it?

I filed a complaint online through an ethics report three weeks ago and followed up in person a week ago with HR, but I've received no official response. I feel HR is dismissive of my complaint because they are friends with the manager involved. I have been subjected to snide remarks and... View More

0 Answers | Asked in Employment Law, Civil Litigation and Communications Law for Alabama on
Q: I was fired from a company three years ago. I am writing a book that is a career guidance book about growth mindset

and finding work you love. I describe a real situation in the company where my boss told me “we need to work on your exit plan. You need to explore work elsewhere”. This verifiably happened. The book opens with that line, and discusses my subsequent Parkinson’s Disgnosis and lessons learned.... View More

1 Answer | Asked in Landlord - Tenant, Employment Law and Real Estate Law for Alabama on
Q: Am I considered a tenant for working 20 hours a week for free rent?

I've been working for someone 20 hours a week in exchange for free rent on their property since May last year, with only a verbal agreement to cook, clean, and run errands. I don't pay for utilities or other costs. Am I considered a tenant under these circumstances?

Anthony M. Avery
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answered on Apr 18, 2025

Yes , you probably have a month to month rental.

1 Answer | Asked in Employment Law for Alabama on
Q: what are my options on appealing covid related unemployment repayment?

i got covid back in may 2020 and had to be out of work for 6 weeks so during that time i filed for unemployment.

about a year later i started receiving letters from the dept. of labor saying i owed all that unemployment back. every time i would receive one of those letters i would send in... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s frustrating to be in this situation, especially since you’ve been trying to resolve it over time. If the Department of Labor has ruled that you owe $5,200 for unemployment benefits, it’s important to review their decision carefully. Since you were unaware of the difference between... View More

1 Answer | Asked in Employment Law and Military Law for Alabama on
Q: Can I sue if a company breaks a promise to hire me after military training?

I was working for a temporary service at a large company and was in the process of being hired permanently. I had to leave for basic military training and was promised my position would be held for me. I even saw the offer letter and the scheduled class for my hiring, which was before I left.... View More

James L. Arrasmith
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answered on Apr 8, 2025

It sounds like you are in a challenging situation. When you leave for military service, there are federal laws, like the Uniformed Services Employment and Reemployment Rights Act (USERRA), that protect your job and employment rights. This law mandates that employers must reinstate employees... View More

1 Answer | Asked in Employment Law and Contracts for Alabama on
Q: Is it legal for a company to change the payout of already-earned 2024 bonuses due to insufficient earnings?

I work for a company that had a bonus structure for a year-end bonus for 2024. Typically, these bonuses are paid out in the last week of February. We were informed of our bonuses and initially told they would be paid mid-March. However, during an all-hands conference call after the original payout... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s an incredibly frustrating and confusing situation, especially after working hard all year with the understanding that your bonus was earned and scheduled for a specific time. In Alabama, if your employment contract or official bonus plan clearly states how and when bonuses are earned and... View More

1 Answer | Asked in Employment Law and Gov & Administrative Law for Alabama on
Q: Can OSHA or state agencies act if my plant doesn't provide heat?

I work at a plant where the heating system is only turned on in the offices occupied by managers and human resources staff during the winter. The plant manager stated that heating the rest of the plant is too costly. On the assembly line, temperatures are about 10 degrees higher than the outside... View More

James L. Arrasmith
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answered on Apr 13, 2025

Based on federal OSHA regulations and potential state laws, your workplace situation regarding inadequate heating presents legitimate health and safety concerns. While OSHA does not maintain a specific standard for minimum workplace temperatures, the agency can enforce the General Duty Clause... View More

1 Answer | Asked in Employment Law, Landlord - Tenant and Contracts for Alabama on
Q: Can my employer-landlord use PTO as rent payment without agreement in AL?

I live and work in Alabama. My employer, who is also my landlord, claims I owe $6,000 in rent. After resigning on March 8th with an effective date of March 28th, I planned to use my 1.5 weeks of saved PTO to cover time till my new job on March 31st. Recently, my job start date was delayed to May... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Alabama, it’s important to understand that verbal agreements, even if supported by text messages, can be tricky to enforce legally. Your employer may not unilaterally decide to use your PTO for rent payment unless you have a written agreement specifically outlining this arrangement. Without... View More

1 Answer | Asked in Employment Law, Civil Rights and Health Care Law for Alabama on
Q: Is it legal for a manager to be present during a fitness for duty exam without consent?

I had to take a fitness for duty exam after starting a new job, where my employer did not give me any prior paperwork or details about the exam. I was only informed 20 minutes before the appointment and transported there by the company. During the exam, the doctor asked me to drop my pants in front... View More

James L. Arrasmith
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answered on Mar 24, 2025

You've described a concerning situation that likely crosses several privacy boundaries. In most jurisdictions, medical examinations like fitness for duty evaluations should maintain your privacy and dignity, including appropriate consent procedures before anyone observes intimate parts of an... View More

1 Answer | Asked in Employment Law, Landlord - Tenant and Contracts for Alabama on
Q: Can my landlord/employer access my pay info without consent?

My employer, who is also my landlord, initially offered me 40 hours of work per week and a place to stay for $1,000 per month. Although there is a signed employment contract, our housing arrangement was only documented through text messages, phone calls, and emails. Due to a reduction in work... View More

James L. Arrasmith
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answered on Apr 12, 2025

Employment Privacy and Landlord-Tenant Legal Analysis

Your dual relationship situation creates distinct legal boundaries despite the overlapping roles of your employer and landlord. Regarding payroll information access, most jurisdictions protect employee pay data under privacy laws that...
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1 Answer | Asked in Domestic Violence, Civil Rights and Employment Law for Alabama on
Q: How can I address threats from my family and safely move out to join my husband in Illinois?

I'm 20 years old and live with my family, but I often feel unsafe due to threats and previous instances of physical aggression, such as my mother throwing things at me. They regularly demand money from me, and any attempt I make to discuss moving out is met with threats, including involving... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your situation sounds frightening, and you deserve to feel safe. At 20, you're a legal adult with every right to live where you choose, and no one—family included—can legally force you to stay or take your money. The threats and physical aggression you're experiencing are forms of... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Civil Rights for Alabama on
Q: Deformation of character. How do I go about this? And wrongful termination.
James L. Arrasmith
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answered on Jan 27, 2025

If you believe you have experienced defamation of character, start by gathering all evidence of false statements made against you. This can include written or spoken words, social media posts, or anything that has been shared with others. Document how these statements harmed your reputation, caused... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Alabama on
Q: I'm wondering if I have a case against my former employer in Alabama.

Comments and questions were made about my body (part) by a coworker. Instead of communicating with my employer, I spoke with other employees who stated that they've had this problem before and that the owner does not care and will not do anything about it.

I ended up quitting instead... View More

James L. Arrasmith
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answered on Jan 13, 2025

I'm sorry you're going through this situation. In Alabama, employers are generally required to pay all earned wages by the next scheduled payday. Withholding your paycheck without a valid reason might violate state labor laws.

The harassment you experienced could also be...
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2 Answers | Asked in Bankruptcy and Employment Law for Alabama on
Q: I worked at a trailer plant in Alabama and didn't get paid for 3 weeks of wages they filed chapter 7 bankruptcy SoNowWat
Timothy Denison
Timothy Denison
answered on Dec 26, 2024

File a claim for your unpaid wages in the bankruptcy action.

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1 Answer | Asked in Employment Law, Immigration Law, Business Formation and Business Law for Alabama on
Q: I want to start a small business related to my field of study (Electrical engineering) while being on F1 opt

I also hold a job and my employer is sponsoring my visa, I want to start a side business along with my job and want to know how to proceed legally in that.

James L. Arrasmith
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answered on Nov 15, 2024

Starting a business while on F1 OPT requires careful attention to legal requirements. Your OPT status primarily allows work related to your field of study, which fits well with your electrical engineering background. However, you must ensure your business adheres to USCIS regulations and... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Alabama on
Q: A coworker took offense to something i said that wasnt directed at her and had me sent to HR.

Since then she has gone behind my back and asked other workers in the facility about me and filed complaints saying i dont talk to people well even though i have only bee following the facilites regulations and done so in a professional manner. Its reached a point where i feel targeted and... View More

James L. Arrasmith
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answered on Oct 16, 2024

I'm sorry you're experiencing this situation. Start by documenting all interactions with your coworker, including dates, times, and details of conversations or incidents. Keep records of any complaints she has filed and any responses you've given. This evidence will be valuable if... View More

1 Answer | Asked in Civil Litigation and Employment Law for Alabama on
Q: Can a contractor withhold a paycheck in alabama for personal debt to him from a 1099 employee if debt isnt from business

Vehicle was on monthly payment and was repossessed for 30 days behind , purchase was not linked to business contractor owned. Was told I wasn't fired or layed off but had to find a way to get to work

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

GA is always confusing. If you are a 1099, you are not an employee, you are an independent contractor and none of the employee protections apply to you. However, you may be misclassified as an IC by the employer, which can be a big financial benefit to them. They don't have to payroll... View More

1 Answer | Asked in Civil Rights, Contracts, Employment Law and Education Law for Alabama on
Q: Can my private non-profit medical school legally implement rule that a student cannot claim disability?

The rule specifically states “ Students who fail in the curriculum or who are suspended or dismissed may not claim failure due to disability if they have not previously identified the disability and requested reasonable accommodations in advance of the curricular failure”. I have a well... View More

James L. Arrasmith
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answered on Aug 31, 2024

It can be challenging to navigate this situation, but you should know that your school may be on shaky legal ground with such a rule. Disability law, including the Americans with Disabilities Act (ADA), requires institutions to provide reasonable accommodations to students with disabilities. If you... View More

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