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Employment Law Questions & Answers
0 Answers | Asked in Employment Law for Colorado on
Q: Is forfeited of pto legal

Employer state that unused vacation and sick time is forfeited at end of year! Sick time is to be given 48 hrs per year instead of accrued at 1 hrs per 30 worked.

1 Answer | Asked in Employment Law for California on
Q: My daughter was just fired

My daughter was just fired from her child care employment (family owned) after bringing up some concerns at work pertaining sanitary conditions, cursing in front of children and well being of the of the children.

James L. Arrasmith
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answered on Sep 17, 2024

It sounds like your daughter may have faced retaliation for raising concerns about important workplace issues, such as sanitary conditions and the well-being of children. In California, employees are generally protected from retaliation when they report unsafe or illegal activities, especially in... View More

0 Answers | Asked in Employment Law, Education Law and Employment Discrimination on
Q: Is this constructive dismissal? How can I be heard?

It has been 8 weeks teaching a module where students are not attending and therefore are failing. Managers have now let me know that they will be removing me from teaching the modules eve though I have showed that those failing are the ones not attending. Which will then leave me to not teaching... View More

Q: I'm a teacher. While sick with Covid pneumonia, I was medically terminated for missing 1 day over 90. Was that legal?

I am a teacher in the state of SC. At the beginning of the 2021school year, I was sick with double Covid pneumonia. I used my days with the FBLA. The school district extended me 30 days but did tell me that if I missed 1 day over 90, I would be medically terminated and would have 5 days to appeal... View More

0 Answers | Asked in Employment Law, Education Law and Health Care Law for South Carolina on
Q: I'm a teacher. While sick with Covid pneumonia, I was medically terminated for missing 1 day over 90. Was that legal?

I am a teacher in the state of SC. At the beginning of the 2021school year, I was sick with double Covid pneumonia. I used my days with the FBLA. The school district extended me 30 days but did tell me that if I missed 1 day over 90, I would be medically terminated and would have 5 days to appeal... View More

0 Answers | Asked in Employment Discrimination and Employment Law for Texas on
Q: Is it legal for my HR department to override my time clock for the day at work to make it seem as if I never arrived ?

I was recently terminated from my job. That morning I went to work and clocked in through an app on the phone , which we HAVE to be in the building to accomplish. After an hour of being there and working I was called to the office and fired . The company refused to let me go back in the building... View More

0 Answers | Asked in Employment Discrimination, Employment Law and Environmental for Ohio on
Q: I was accused for criticism at work environment.My district manager met with me to discuss what was addressed to her

DM met with me on August 23.

My FMLA and disability leave on September 19th

I have not heard from The DM since

Can she terminate me while I’m on disability leave and FMLA

0 Answers | Asked in Employment Law and Business Formation for Kansas on
Q: Is it mandatory for an employer to enroll in E-verify program in order to file I-485J. It’s EB3-unskilled category.

My I-485 J ( EB3-unskilled category ) has been pending for more than 2 years. If I find a new employer to file Supplement J for me, then that’s employer has to be e verified.

(EB3-unskilled category).

1 Answer | Asked in Employment Law and Civil Rights for Illinois on
Q: USDC-IL:What is the maximum $ you can put in a settlement demand for intentional emotional distress in a Title VII case?

I currently am ProSe in a Federal Title VII Discrimination case against my employer. I have also charged them with harassment and retaliation. They have over 500 employees. As we are starting discovery I am contemplating sending a settlement demand. Their discriminatory actions and the behavior... View More

James L. Arrasmith
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answered on Sep 16, 2024

In a Title VII case in the U.S. District Court for the Northern District of Illinois (USDC-IL), the amount you can demand for compensatory damages, including emotional distress, is subject to statutory caps under federal law. For an employer with over 500 employees, the maximum cap for combined... View More

0 Answers | Asked in Employment Law for Texas on
Q: Can a company suspend or terminate you while on medical leave (wherein a doctors order for return date was provided)?

Texas is a hire/fire state, but my husband is 65 years old and was to return to work tonight. He was contacted today via text message and told he has been suspended for up to 3 day pending HR review as he did not call in daily. A doctors order (prescribed note) to NOT return until tonight was... View More

1 Answer | Asked in Criminal Law and Employment Law for Florida on
Q: I need help with theft of wages. We haven’t been paid, and the guy offered to pay us in drugs

The guy we have been working for hasn’t paid us, and at one point had offered to pay us in drugs. There are 3 of us that haven’t been paid and his last statement was “have fun being homeless”. I have all the documents and previous payments as well as him stating what he owes each person. I... View More

Joseph Raymond Schwantes
Joseph Raymond Schwantes
answered on Sep 17, 2024

If you provided a service for this guy then he is certainly obligated to pay you. Hire an attorney to look into the details for you and provide you with guidance.

1 Answer | Asked in Employment Law and Tax Law for Ohio on
Q: Can an employer put a "settlement" check with a payroll check?

Was salary, thought I wasn't paid right, owner kinda agreed and put what we agreed to with a payroll check and they took the whole payroll check for taxes

James L. Arrasmith
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answered on Sep 16, 2024

Yes, an employer can issue a settlement check with a payroll check, but it can have tax implications. If the settlement is considered wages or back pay, it will be subject to payroll taxes like any regular paycheck. This means that the amount agreed upon could be reduced significantly once taxes... View More

1 Answer | Asked in Employment Law, Immigration Law, Tax Law and Business Formation for Texas on
Q: I am an F-1 student with no SSN/ITIN and want to create a digital store in TX. What are the steps on making this legal?

It’s my 2nd year in the US, and I never worked neither on campus. Don’t have a store yet, and don’t have any connections with my home country regarding the store. I will be the sole owner and worker in this digital store selling digital content. I also want to know the details and if I’ll... View More

James L. Arrasmith
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answered on Sep 16, 2024

As an F-1 student in the U.S., starting a digital store can be complicated due to visa restrictions on employment and business activities. U.S. immigration laws generally prohibit F-1 students from engaging in self-employment or running a business, which includes owning and operating an online... View More

0 Answers | Asked in Employment Law for New Jersey on
Q: Is there anything legal I can do to get reimbursed my lost hours?

I'm an hourly employee. I had issues accessing the system at my job, therefore I wasn't able to work. This problem was caused by my employer and could only be rectified on their end. I was the only person affected by this issue, so there was no sense of urgency and it lasted for 5 days... View More

0 Answers | Asked in Criminal Law, Employment Law and Constitutional Law for New Mexico on
Q: If used a diploma not knowing it was fake or acreitdale what can I do or what does that consist of?

Just found out my diploma is fake after 15 years the so called school I got it from no longer exgist I did this threw mail now I in fear of legal troubles

1 Answer | Asked in Employment Law for California on
Q: I'm a felon and live in california, can I work in a store that sells guns
James L. Arrasmith
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answered on Sep 15, 2024

In California, as a felon, you face significant restrictions when it comes to working in environments involving firearms. Federal and state laws generally prohibit felons from possessing or having access to guns, which can impact your ability to work in a store that sells them. Even if you are not... View More

0 Answers | Asked in Employment Law for Wisconsin on
Q: My mom has worked for 12 years routinely working over 80 hours a week but never receiving overtime pay.

My mom works for an in-home care facility for mentally disabled people, taking care of up to 9 people and the household, in Wisconsin. She typically works over 300 hours a month, and stays overnight while working as only one person works in the house at any time. She has worked for this place since... View More

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