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Alabama Employment Law Questions & Answers
0 Answers | Asked in Employment Law for Alabama on
Q: Employees earn sick time but are not allowed to use.

National company, I work in Birmingham Alabama, company is registered in Atlanta Georgia but HQ is here in Birmingham. Can’t use earned sick time unless more than 5 consecutive business days. If anything less than the 5 days is needed for illness or doctors appointments we have to use vacation... View More

1 Answer | Asked in Employment Law for Alabama on
Q: Can a company in AL require the use of a cell phone at work if they are not reimbursing for the phone's bill/cost?

Wife's company is now requiring them to use an app on their phone to sign into the computers. They do not reimburse for cell phone bill or provide a company phone. Is this allowed, and if she refuses to use her phone for work (as they aren't covering the bill) can she be fired with reason?

T. Augustus Claus
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answered on Jan 30, 2024

In Alabama, there are no specific laws that require employers to reimburse employees for the use of personal cell phones for work-related purposes. However, this area can be complex and might intersect with federal laws or guidelines. If an employer requires the use of a personal cell phone for... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Alabama on
Q: I am disabled. My boss gives me tasks that he knows I can't do, then harasses me when I fail to do them.
T. Augustus Claus
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answered on Dec 20, 2023

If you are facing workplace challenges due to a disability in Alabama, where your boss assigns tasks that are known to be difficult for you and then harasses you when you cannot complete them, it may constitute employment discrimination based on disability. Federal laws such as the Americans with... View More

1 Answer | Asked in Criminal Law, Employment Law and Constitutional Law for Alabama on
Q: How can one seal a 1st&only Misdemeanor offenses from over a year ago? It’s preventing employment.

Resisting arrest, obstructing gov op and poss 2 conviction is on a friends record and it’s preventing him from working. Can he seal it? He has been in no trouble since then and it was his first time getting into anything with the police involved. He’s an upstanding citizen and was even in the... View More

James L. Arrasmith
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answered on Dec 14, 2023

In Alabama, the process for sealing a criminal record, often referred to as expungement, is available for certain misdemeanor offenses. However, the eligibility for expungement depends on various factors, including the nature of the offense, the time that has passed since the conviction, and the... View More

2 Answers | Asked in Employment Law for Alabama on
Q: What can be done if a supervisor insists on the employee answering their personal cell phone calls/texts during/after wk
T. Augustus Claus
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answered on Sep 20, 2023

In Alabama, there is no direct statute that dictates how supervisors can communicate with employees outside of regular working hours. However, it's essential to consider the implications of such practices on one's work-life balance. If your employment agreement or company policies have... View More

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1 Answer | Asked in Contracts, Copyright, Employment Law and Intellectual Property for Alabama on
Q: Can a company use my images in marketing even if I no longer work there? It was not in employee contract to take images

For copyright questions

James L. Arrasmith
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answered on Sep 11, 2023

If your former employer is using your images without your explicit consent and it was not stipulated in your employment contract that they could use your images for marketing purposes, you may have grounds to object to this use. Your right to object might be based on your copyright in the images... View More

1 Answer | Asked in Employment Law for Alabama on
Q: Am I obligated to pay my employer back after they overpaid me?

On 2 separate occasions, my employer over paid me while I was on maternity leave. I voiced my concern about these overpayments via email but was told everything looked okay. I came back from leave and was hit with over a thousand dollars of repayment I have to pay back in 4 months.

T. Augustus Claus
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answered on Aug 23, 2023

In Alabama, if your employer has overpaid you, you generally have an obligation to repay the excess amount that was mistakenly paid to you. Overpayments are typically considered to be an error, and employers have the right to recoup the overpaid funds in order to correct the mistake. It's... View More

1 Answer | Asked in Employment Law and Civil Rights for Alabama on
Q: Is it legal my husband's job put the workers into teams of two and now each teams hours are combined and split in half?

My husband works at a car dealership & he does get a certain amount an hour (I believe $20). He still actually gets paid per job he does (each job on a car is worth a specific amount of hours) so he gets paid $20 per hour for however many hours the specific job is worth. like say a car job he... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

The Fair Labor Standards Act is federal law and very clear that an employee is entitled to be paid for all hours worked BY THEM. This "pooling" is illegal as you have described it. One of the members of the team is losing pay so the other team member receives pay. Husb. is not required... View More

1 Answer | Asked in Employment Law, Civil Rights and Sexual Harassment for Alabama on
Q: My wife had a coworker call her to the back and expose yourself to her she , he was fired, is the company reliable

I'm wondering what the processing if there is a potential lawsuit against the company, coworker exposed himself to her, is the company liable for unsafe workplace, or sexual harassment? Is there any civil lawsuit that can be filed, here?

Don Oliver Keene
Don Oliver Keene
answered on Jul 4, 2023

It depends. There could be against the company, however unfortunately without more information it is impossible to tell. There is a possible cause of action against the coworker, you should seek a local personal injury/employment attorney to discuss this case with.

1 Answer | Asked in Employment Law for Alabama on
Q: What can I do when my parol check bounced? I have notified my employer but it has not been taken care of.

My employer wrote me 2 bad payroll checks and wrote my coworker 1 bad payroll check. He has not handled none of them and will not respond to calls or texts since I notified him they bounced. In addition he still has not paid me for hours worked 2 weeks ago.

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on May 19, 2023

Bad checks are criminal matters. You can take it to the district attorney for prosecution. You can sue him. Both options are lengthy.

1 Answer | Asked in Employment Law for Alabama on
Q: Employer verbally and in email committed to terms if I voluntarily resigned then changed terms twice - is that legal?

Terms agreed to in March for final employment date early April - After final work date the employer changed the terms for a substantial loss. When I challenged that loss they countered with another severance on a Friday evening and said if I did not sign by 5p Saturday then I’d lose everything. I... View More

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on May 10, 2023

There must be some reason your employer was willing to offer severance, which makes many factors relevant. Is there some claim you are waiving? Do you have an employment contract? Are others being offered the same severance? There is not near enough detail to know your rights from the limited... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Gov & Administrative Law for Alabama on
Q: What can I do if I was mishandled by a security and an employer handcuffed and after viewing of the footage released.
Allan Lamar Armstrong
Allan Lamar Armstrong
answered on May 9, 2023

You need to provide more information. Were you an employee or customer. What was the reason? Were you arrested? What were your injuries?

1 Answer | Asked in Employment Law for Alabama on
Q: Is it the employers responsibility to fix the computer system or is it the employees to remember it's sunday?

The system that we have is allowing employees to ring beer on Sunday. The employer knows and has not made a change to fix it. As a direct result, an employee has sold beer on two different occasions, not remembering that it was sunday. Management has now said that it is the employees responsibility... View More

Rhiannon Herbert
Rhiannon Herbert
answered on May 9, 2023

If the employer has a rule (or is following local law) against selling beer on Sundays, then it can require its employees to not make beer sales on Sundays, regardless of whether the computer system allows the sale.

1 Answer | Asked in Employment Law for Alabama on
Q: Does the employer can force me to make expenses without expectation of being reimbursed later?

My manager asked me to to business travel. I had to pay upfront for the expenses and now financial affairs do not want to reimburse me for the expenses.

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Apr 7, 2023

I'm sorry to hear about your experience. That's not typically how it works.p I suggest you go over all the specific facts with an experienced employment law attorney, who rgularly represents employees rather than employers. I wish you the best.

1 Answer | Asked in Employment Law for Alabama on
Q: Should I negotiate my severance pay offer?

Company based in Arizona and Colorado, I worked remotely in Alabama

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Mar 8, 2023

That's not enough information to respond. I've negotiated severance packages in the hundreds of thousands, but you don't provide information to formulate any idea.

1 Answer | Asked in Gov & Administrative Law, Workers' Compensation and Employment Law for Alabama on
Q: Hi, I am an LLC looking to hire remote workers throughout the country. Would we need to file a foreign llc in each state

Would we need to file a foreign LLC in any state that we conduct business. We are hiring them as independent contractors. Also would we need to have worker's compensation?

N'kia (NLN)
N'kia (NLN)
answered on Mar 25, 2023

Each State has its own rule on what constitutes "doing"/"conducting" business for the purpose of determining whether an out-of-state business must register there as a "foreign" entity. Having an employee in a particular State may be, but isn't always, a factor in... View More

1 Answer | Asked in Employment Law for Alabama on
Q: What can I do about being fired from a job without any reason whatsoever

If I just got fired from a job without any reason or warning or anything what kind of legal actions could I take

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Jan 26, 2023

I'm sorry to hear about your experience. Assuming you are not a member of a Union, you are likely an at will employee. As such, you are provided very few rights under Alabama law. An at will employee may be terminated for good reason, bad reason or no reason at all. Exceptions primarily... View More

1 Answer | Asked in Employment Law, Civil Litigation and Employment Discrimination for Alabama on
Q: My husband was just fired from his job where they claimed he had a gun at work. This is false. Can we file civil suit?

He worked all day Tuesday 1/11/23. They did not contact him until 3 hours after he got home saying he was under investigation. The only thing they tell us is that someone reported it. There are no cameras and they didn't even bother to stop him at work to verify that day. He did no such thing.... View More

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Jan 16, 2023

Is your husband a member of a labor union? If not, he is likely an at will employee. A at will employee can be terminated for good reason, bad reason or no reason at all.

1 Answer | Asked in Employment Discrimination and Employment Law for Alabama on
Q: Can an employee that is a manager be fired due to customers deciding to eat at another restaurant?

For example: several customers comes through a drive thru but decides at the speaker to drive off and order from a near by food truck. In return the GM and DM are advised by the regional manager to terminate the manager on shift due to the customers driving away. The allegation of the regional... View More

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Jan 7, 2023

An at will employee can be terminated for good reason, bad reason or no reason at all. The employee could be terminated because the owner doesn't like the color of his or her shirt or the car he or she drives. Exceptions primarily relate to illegal (age, race, religion, sex or national origin)... View More

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