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Employment Law Questions & Answers
0 Answers | Asked in Employment Law for New York on
Q: In NEW YORK, can my restaurant employer withhold my check and tips to pay for a window I accidentally cracked?

I accidentally crack said window while on the clock, moving chairs around.

0 Answers | Asked in Employment Law for New Jersey on
Q: Is an email notification to former employee acceptable notice if email never read or acknowledged?

5 months after leaving my former employer I received notice by RR mail that they believe they overpaid me in my final paycheck and want money back. My understanding is that they must give written notice, (not email) within 8 weeks of my leaving the company

0 Answers | Asked in Employment Law for Minnesota on
Q: What on call hours are paid?

We work between every other and every third weekend on call where we have to be able to respond whenever we are called. We do not get paid on weekends unless we are called and we only get paid for the hours worked not 8 hours. Is this correct? And we work a full work week. Our on call schedule is... Read more »

0 Answers | Asked in Employment Law for Washington on
Q: How do I answer: "Do/will you require sponsorship?" on job applications?

I hold an EAD card that's based on pending asylum. The answer is either yes or no. Answering "yes" will automatically disqualify me, and it's not necessary true. But answering "no" is also making me question the extent to which this is true. I left all my online job... Read more »

0 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for New York on
Q: Do I sue the Parent company or their subsidiary that signs my paycheck

Who do I put down as the defendant in my unlawful termination lawsuit? The Parent company whose HR employees discriminated against me and later fired me, or their subsidiary that paid my wages? If I sue the subsidiary, would the parent company automatically also become liable for damages if I... Read more »

1 Answer | Asked in Employment Law for New York on
Q: If I only work 6 hours a day why do I have to work 6.5 for a break?

I am a contracted employee, hired to work 6 hours a day. My assigned schedule is for 6.5 hours. The half-hour is for a break I don't care to take or need.

As stated in my contract: Teacher Aides - The length of the work day for teacher aides shall be as follows: for aides... Read more »

Christopher Marlborough
Christopher Marlborough PRO label
answered on Oct 1, 2022

New York law requires employers to provide most employees a thirty-minute meal break when working more than six hours a day. See https://dol.ny.gov/day-rest-and-meal-periods. Since you state that you are working no more than six hours a day (and if you are not occasionally working over six hours a... Read more »

0 Answers | Asked in Employment Law for Texas on
Q: Am I only able to get amount listed for me in settlement or I am able to take legal action separately in hope of more$

I applied to a job a few years back. I did not receive an offer and years passed and I never thought about it again. Recently, I got a letter in the mail saying that the company I interviewed with had been investigated by the Dept of Labor for race discrimination and as a result they agreed to... Read more »

0 Answers | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can an employer conduct a urine test as a method of retaliation

I made multiple complaints to hr about the treatment i was receiving. And notice that at each complaint i experience a act of retaliation from management. One incident included a random drug test which was conducted on the job which I've seen the company do before. In which i was the first one... Read more »

0 Answers | Asked in Employment Law and Employment Discrimination for Delaware on
Q: What should I expect from a mediation session with my former employer for a charge of discrimination ?

I was sexually harassed by my former employer's customers and disregarded when I filed complaints with management. Both the DOL and the EEOC have sent my former employer charges of discrimination. I finally heard back from the DOL, and now my former employer wants to have a mediation session.

1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for New Jersey on
Q: I have a complaint against my employer for harassing me through text messages calling me names and stalking my house.

I need to know what the exact statutes are in the state of NJ and details to file the claim. I’m also not sure if I can file other complaints about her?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Sep 30, 2022

We are not allowed to give you specific legal advise on this website or for that matter anywhere on the internet. Just like a doctor cannot tell you how to perform an operation. What I can tell you is that the general statute for harassment in NJ is 2C:33-4. If you need specific information on... Read more »

0 Answers | Asked in Employment Law, Federal Crimes and Gov & Administrative Law for Washington DC on
Q: I need a lawyer I have a lot of proof and have filed eeo’ s for my claims. I am owed alot if money from time card fraud

I have been diagnosed with anxiety from my job and my blood pressure is also been high because of mental abuse

0 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: I been working at my job for a long time my boss hate my legion ok there wrote me up because I not doing my job

My job so he said I have till October 17th to complete the jobs if I will be fired

1 Answer | Asked in Employment Law for Washington on
Q: I am FMLA protected but my employer wants to cut my hours and pay when I'm out due to my disability. Is that legal?

I have filed FMLA paperwork with my employer (School District employee) asking to adjust my 8 hour day to 71/2 or 7 hour day and using my sick time to make up the difference. This is due to my eyesight and not being able to drive in the dark. HR has confirmed that I am eligible for protected leave.... Read more »

Brad S Kane
Brad S Kane
answered on Oct 2, 2022

If you are asking your employer to reduce your workday from 8 hours to 7 1/2 hours, then it is quote reasonable to reduce your pay to the hours worked.

You may want to consider asking your employer simply start your work day earlier, so you can still work 8 hours and get home before dark.

0 Answers | Asked in Employment Discrimination and Employment Law for Oregon on
Q: I relocated 280 Miles to a new job. 1st day got heat illness. Terminated immediately, employer said I was unfit. Case?

When I relocated the 280 miles I came to the job and was alloted a two bedroom home as part of my salary. Upon termination for suffering from heat exhaustion I was terminated and forcibly evicted from my new residence on the spot. Now left with no job, no home and told to vacate the property as I... Read more »

0 Answers | Asked in Employment Law for Michigan on
Q: Hi can my employer keep my PTO from me if I put in a 2 week, but left 3 days before it was up? My supervisor/manager sig

Signed off on it, but then they didn't give it to me.

1 Answer | Asked in Copyright, Criminal Law, Employment Law and Personal Injury for California on
Q: California CCP 170.6. Granted Nov/21. Then I filed " BLANK " motion in August 2022 and the disqualified J is back ?

It's a commissioner not a judge . And the Honorable un separate action took RJN of the Disqualified Case. within consistent ' FACTS ' noticed. 3rd world....

Dale S. Gribow
Dale S. Gribow
answered on Sep 30, 2022

if this is a Commissioner and not a judge, just don't stipulate..........don't waste your 170.6

0 Answers | Asked in Employment Law and Health Care Law for Colorado on
Q: Can you record a private meeting about discipline and harassment with HR on hospital grounds? Does this breach HIPAA?

This is a meeting behind closed doors where only the employee and HR are discussing a harassment case. No patient information of any kind is discussed.

0 Answers | Asked in Employment Law for Minnesota on
Q: can i sue a job for being fired illegally ?

i had taken an offer from a car rental agency as a manager. i also had another offer given to me from a dealership. the guy at the dealership knew about the offer from the car rental place he promised me a job and told me multiple times not to take the other offer so that i could work for the... Read more »

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