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Alabama Employment Law Questions & Answers
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

1 Answer | Asked in Employment Discrimination and Employment Law for Alabama on
Q: trying find the code for retaliation. I work at health facility I reported a nurse, but I was the one who was suspended
Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Jan 5, 2023

There is no specific statute for general retaliation. The protection is offered based on what you report. Protection is primarily offered based on reporting illegal discrimination or filing a worker's comp claim. It wouldn't be offered for reporting someone came in late or took too long... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Alabama on
Q: What is considered discrimination in a work place?

I have been doing managerial work for 3 years now, without the pay or title. When asked to do any task, my boss always called upon me to carry it out. Now, he has two 25 year olds that are only about 1 year out of school. Recently he has been promoted to top of the line and now he wants the two 25... View More

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Dec 20, 2022

Are you a member of a union? Do you have an employment contract? If not, the protections are likely going to be limited to discrimination based on age, race, sex, religion or national origin.

1 Answer | Asked in Employment Law for Alabama on
Q: I was employed at holiday inn my I'd was expired I worked for 10 wks no pay then fired me said I need recent Id to get

Do they have to pay me since they hired me and can I do something to make them pay me?

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 16, 2022

Under the Fair Labor Standards Act, you must be paid for all the hours that you work (regardless of whether you have a valid ID). You should contact an Alabama employment attorney to discuss your situation further, or you can file a complaint with the Department of Labor.

1 Answer | Asked in Employment Law for Alabama on
Q: what is the meaning of 8/27/22 8:30 pm pdt "The testing laboratory has confirmed receipt of the specimen."

to make this fit bc i cant type all i need to say yes thats what i thought it meant the issue is this i had to go there they were only acting a administers of the test lady rude whole time she gave me a cup/bowl clear no temp thing no numbers they do dot to anyway i pee to her x she says not enough... View More

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Aug 28, 2022

Apparently, you took a drug test and the lab now has it for analysis. Do you think it could mean something else?

1 Answer | Asked in Employment Law for Alabama on
Q: Can my employer stop paying time and a half like is Federal law??? They only paid me the half not the time + half.

I worked 97.5 in 2 wks....i make $13 , so my rate with the 17.5 hrs will b $19.5 × 17.5

But thats not how they did it and i can't get this issue resolved!

Rhiannon Herbert
Rhiannon Herbert
answered on Aug 16, 2022

You should reach out to an Alabama employment attorney to discuss your situation. While most hourly-paid workers must be paid at a rate of 1.5 times their regular hourly rate for all hours worked over 40 in a workweek, this general rule does not apply to everyone. There are certain professions and... View More

1 Answer | Asked in Employment Law, Immigration Law and Tax Law for Alabama on
Q: I am an international PhD student on an F1 visa, and I have a SSN, and I would like to work for Uber. Can I?
Carl Shusterman
Carl Shusterman
answered on Aug 2, 2022

No, F-1 students are not permitted to work for Uber.

Please see https://www.shusterman.com/f1-visas-students/

1 Answer | Asked in Insurance Bad Faith and Employment Law for Alabama on
Q: Union sponsored supplemental life insurance for certain railroad retirees (Yardmasters) is being denied.

Allegedly upon retirement, a covered Yardmaster had a time limit of 60 days to submit a $20 payment to retain the insurance upon retirement. Subsequently, because of this requirement, at least one yardmaster was denied the benefit. However, recently another yardmaster was granted the insurance... View More

Tim Akpinar
Tim Akpinar
answered on Jun 28, 2022

An Alabama attorney could probably advise best, but your question remains open for four weeks. In terms of your question on a class of plaintiffs, it could depend on the size of the pool of retirees. One option is to reach out to an employment attorney. Good luck

1 Answer | Asked in Car Accidents and Employment Law for Alabama on
Q: Can a employer terminate you due to a accident 2 years ago before you became employed there

It was a traffic accident and have a criminal attorney but he’s in court and the employer is asking for my accident report. Do I have to submit the report and can they terminate me over it?

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2022

An Alabama attorney could advise best, but your question remains open for two weeks. This is something that an employment law attorney would have more insight into than a car accident attorney. There's no guarantee every post on this forum is ultimately picked up, but you could try reposting... View More

0 Answers | Asked in Employment Law and Employment Discrimination for Alabama on
Q: Hi I'm a secretary at a hospital. Recently they have started having a lot of psychiatric patients that need sitters.

I have never done or been trained to do any patient care duties. So they have started making me and others like me go sit with these patients. This is not in our job description and I need to know if this is legal. Can I refuse to go and not get fired.

1 Answer | Asked in Employment Law and Appeals / Appellate Law for Alabama on
Q: Should I appeal my case if my employer is saying I quit when in fact I did not,?

I had to take a temporary leave of absence to take care of my disabled son while his mother an I also grieved oven the loss of our new born son.

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 21, 2021

More information is needed to answer your question. You should contact an Alabama employment attorney to discuss your situation in further detail.

1 Answer | Asked in Employment Discrimination and Employment Law for Alabama on
Q: Can an employer fire me because of an injury that happened almost 4 years ago?

I was working for a company as a temp worker and when I went to go do my drug test and physical I let the physician know that I had surgery on my neck, and when i went back to my job HR said that they are going to hold my hire date, I told them that I was fully released from the doctor that had... View More

Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 24, 2021

You should speak with an attorney experienced in the American's with Disabilities Act. I do not believe the answer to your question is going to be an obvious one, but it may fall within the ADA. Alabama is a right to work State, which means an employer can fire someone for any reason so long... View More

1 Answer | Asked in Employment Law for Alabama on
Q: Can a company require covid restrictions at one location only when they own companies across 21 states?

They are only requiring corporate people to go home if unvaccinated. They do not require this for the entire company. If they fire someone would it be legal?

Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 16, 2021

In general Alabama is a right to work state and a person can be fired for almost any reason. It is also likely fine for them to institute this policy for Alabama only. The limitation would be if you are protected under the ADA to avoid receiving the vaccination due to some pre-existing health... View More

1 Answer | Asked in Employment Law for Alabama on
Q: My employer refuses to pay me what do I do
Kyle Anderson
Kyle Anderson
answered on Jul 14, 2021

Hello, more information is needed here. Are you categorized as a 1099 independent contractor or W2 employee? How many hours per week are you working? I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Employment Law for Alabama on
Q: Can my employer really punish me for calling in during a notice in this type of instance?

I have worked for a hospital for 4 years. All that is legally required from my employer for a notice of leave is a 2 week notice. However, because my job might be hard to replace due to the pandemic, I decided to be nice and give them a 2 month notice. A week after turning in this said notice, I... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 6, 2021

Assuming you don't have an employment contract that states otherwise, there is no federal law that requires you to provide any notice at all to your employer before resigning. However, if you do have an employment contract that requires you give notice of your resignation, the length of time... View More

1 Answer | Asked in Employment Law for Alabama on
Q: I need help. I am getting my wages garnished due to a medical bill that I have not had the money to pay b/c of Covid-19

I’ve been affected by COVID-19 twice in the last 8 months and have not had a steady pay due to not being able to work. I was sick with it twice and I do not have a full time position job or even part time. I am only as needed so I get about 25-35 hours a week and I get paid bi weekly so it’s... View More

Sarah S. Shepard
PREMIUM
Sarah S. Shepard
answered on Dec 4, 2020

I'm sorry to hear about your situation. That sounds very hard. Alabama law allows people with judgments against them to exempt the first $1,000.00 of each month's wages from garnishment by a creditor (including a hospital). Here is a new story about the exemption:... View More

1 Answer | Asked in Civil Litigation, Employment Law and Landlord - Tenant for Alabama on
Q: I have an old, two years, unwritten lease with utilities with my employer who is also my landlord. Am I a tresspasser?

He is harrassing me to get out and says that I am a tresspasser but refuses to fire me, pay me, or give me a 30 day written notice to vacate although the Huntsville Police told him to do just that. He refuses to let me put the utilities in my name and he willfully let the utilities to be turned... View More

Sheila Crumley Field
Sheila Crumley Field
answered on Oct 20, 2020

Good grief! You need to hire a lawyer immediately! If you can’t afford one go to your nearest legal aide office! And good luck!

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