Get free answers to your Employment Law legal questions from lawyers in your area.
I am the only one that is constantly asked to work under my coworkers who we holds the same qualification.
answered on Nov 3, 2021
Generally, an employer can require you to perform duties that you are over-qualified for. However, if you believe you are being singled out in a discriminatory manner due to your status in a protected class (i.e., race, gender, age, etc.), you should contact an employment attorney in your area to... View More
1st infraction: 1 week; 2nd: 30 days; 3rd: entire school year. No parental consent or due process. No policy on how its enforced. School administrator states that cell phones are prohibited items: my concern is the safety of the students. Many parents rely on cell phones to track their children,... View More
answered on Oct 22, 2021
Yes.
Limiting access to mobile telephones for school students by the school Administration is completely Constitutional. The school implements its rules and oversees education , social and safety parameters of that educational institution.
The school may and should limit any... View More
Is this the norm? They can use it forever?
answered on Oct 20, 2021
Yes it is
Most likely it is in connection with the specific acting or work you are doing.
Consult with an attorney.
This is not legal advice.
Pleaded guilty but was dismissed in Virginia. Do I have to disclose the misdemeanor in an interview or asked?
Will a dismissed case affect my chances of getting hired ?
answered on Sep 10, 2021
Ah, the lawyer's favorite answer: "It depends."
If the question is: "Have you ever been charged, arrested, accused, etc. of a crime (if they either do not specify or specifically mention misdemeanors)?" then you would be untruthful if you replied in the negative.... View More
I stopped receiving benefits back in October because of trying to verify with id.me and it took 3 months to complete and then at which time I was informed that an adjudicator was assigned to my claim. I was found monetarily ineligible based on non fraud issue and disqualified. I submitted my... View More
answered on Aug 14, 2021
I wanted to let you know your question was posted to a workers' compensation website, very different than unemployment benefits (UIB). I personally do not have an answer about your pandemic benefits claim and I don't know if you are eligible for some UIB payment even without having worked... View More
Is this an unfair dismissal being that he was already working for two weeks? He was approached by his supervisor of two weeks who told him the company does not hire people with his type of charge. Which was a sexual offense. The company he was working at was a metal crafting company
answered on Jul 27, 2021
Unfortunately, there is no law that prohibits employers from firing or refusing to hire individuals based on prior criminal convictions. However, if you believe your husband was targeted for termination for a different reason unrelated to his past convictions, then you should contact an Arizona... View More
answered on Jun 28, 2021
An Arizona attorney could advise best, but your question remains open for a week. It sounds like it might be a difficult case. With such cases in general, connecting the infestation to the alleged source (to the exclusion of other possibilities) could sometimes present challenges. Additionally, if... View More
In situations where it's not due to gross negligence nor is it intentional can servers be forced to pay? Assuming there is no written consent, when can servers be held financially responsible?
answered on Jun 1, 2021
Under the Fair Labor Standards Act, it is unlawful for your employer to deduct unpaid bills from your pay (or otherwise reduce your pay) if this would result in your hourly wage falling below minimum wage. If your server hourly rate + tips does not equal at least your state's minimum wage per... View More
I just started a new job recently and during training was instructed that I was allowed to clock in "up to 5 minutes" before the hour my shift starts.
I have been doing this and discovered last night that the times I'm being paid for have been adjusted compared to what they... View More
answered on May 12, 2021
How many hours per week are you working? The Fair Labor Standards Act allows for rounding, as long as the rounding system does not result in a failure to count as hours worked all the time employees have actually worked over a period of time. I would reach out to an employment attorney because more... View More
The student contacted me and I blocked them right away.
answered on May 2, 2021
My practice is limited work injury cases, a specific part of employment law. Your concern appears to be an issue of employment privacy and it is not something I am able to provide advice. I suggest you look for an attorney whose practice is more directly employment law, if you do not hear back... View More
My employer promised my salary is $16 per hour plus 10% of net profits. However, my employment was terminated last week
I left this company was because I was exposed to someone with covid and I told my boss that I was not going to work just to keep everyone safe, then he said I abandoned my... View More
answered on Jan 26, 2021
In most circumstances, the payment of an employee's compensation cannot be dependent on the employer's satisfaction with job performance, you either earn it or not. However, bonuses are different. So this depends on whether your compensation of 10% is part of salary or a bonus. You... View More
Management deleted hours work prior to terminations.
answered on Nov 25, 2020
More facts are needed to analyze your situation. Arizona is an at will employment state, meaning you can be terminated for any reason or no reason at all. The only protection you can usually get from a legal standpoint is if the termination is based on your race, religion, sex, etc.
If... View More
She was told that she had to take the company phone home with her and be "on call" until 9:30 each night (she works from 7:30-4:30 normally) in order to get a raise. Now they are adding Sundays as well saying that was discussed and it was not.
answered on Oct 14, 2020
Hi, more information is needed here and I'm not sure exactly what your question is. That being said, an employer can require your daughter to be on call.
Whether the time she is on call is compensable is another question. On-call time is compensable (your daughter must be paid for it)... View More
The mngr sent me to another store for a week and now said she doesnt know if they can get hours im a full time assistant manager
answered on Oct 7, 2020
You are typically entitled to reinstatement to your position or to an equivalent position (with equivalent hours) upon return from an FMLA-qualifying leave that does not exceed the maximum 12-week allotment. This right to reinstatement exists even if your employer replaced you while you were on... View More
answered on Oct 7, 2020
No, the equipment is not yours. It is the property of your employer. You should continue to contact your employer until you get a response regarding how the equipment should be returned.
I was hired into a work from home position. HR emailed me stating the position was 2 weeks in office for training and
then I would be working from home. 3 months later and I am still in office. I got covid 19 abt 7 weeks into the job. I requested to work from home and was told no. Can a... View More
answered on Sep 2, 2020
In general, your employer can change the requirements of your job at any time. However, in some circumstances, you could have recourse under the Americans with Disabilities Act if your request to work from home is for a medically-related reason. If you are currently unable to work in the office... View More
This is for answering disclosure questions on a employment background check for a becoming a loan originator.
answered on Aug 14, 2020
If the case was dismissed, you did not plead guilty and you were not convicted. Even if it was a delayed entry of guilt, if you completed the requirements and the Court dismissed the case without entering your plea, then you still did not plead guilty on the record and the Court did not convict... View More
answered on Aug 11, 2020
It might still be valid. This depends upon how the sale was structured and the agreements made with the buyer. I recommend that you discuss with an employment law attorney before you make any decisions.
I am a teacher at a school in Arizona currently a hotspot for the covid 19 pandemic. My employer is planning to reopen irrespective of benchmarks laid out by the Arizona Health department, putting me, my fellow teachers and students at risk. They have threatened legal action if I decide not to show... View More
answered on Aug 12, 2020
Additional information is needed to answer your question. Do you have a medical condition that places you at a higher risk for serious illness if exposed to COVID-19? If so, you could work with your doctor to request an accommodation in the form of teleworking to begin the school year. If your... View More
answered on Jul 13, 2020
You could have legal consequences. It depends upon the facts of the situation and any document or agreement that you may have signed. I recommend speaking with an employment law attorney to learn your legal rights and options before making a decision.
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