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Employment Law Questions & Answers
0 Answers | Asked in Employment Law for Georgia on
Q: How do I serve a witness subpoena to a Corporate Officer of the Company that I am suing. The Company has a reg-agent?

the Corporate Officer is a residence of another state? Should the subpoena state the Corporate Officer's name or the Company name or both? The Company has a register agent in Georgia and in my County.

0 Answers | Asked in Employment Law for Texas on
Q: Is it legal for a company to terminate my mom based on these grounds and without further investigation.

Company determined that family cannot work together. Family in question: manager is my moms, sister in laws, husband. Mom and manager are not blood relatives and only tied by the fact that their spouses are brother and sister.

Q: Can Doordah violated their own policy?

Doordash dasher policy states top dasher gets top priority. New dashers and non top dashers are actually get priority. I am a top dasher. I've been on this shift for 3 hours. I didn't get an offer for over 2 hours. A non top dasher pulled in where I am and got an order in minutes. I... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations

I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations plus other violations. I am not pleased with the progress my attorneys have made to get this settled. We have a mediation schedule about 5 months from now which is expected to be 7... Read more »

James L. Arrasmith
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answered on May 29, 2023

In your ongoing legal situation, it is crucial to consult with your attorneys before taking any action that may affect your case. They possess the expertise and knowledge necessary to guide you through the process effectively. If you were to contact your HR department to discuss a private... Read more »

2 Answers | Asked in Employment Law for California on
Q: I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations.

I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations plus other violations. I am not pleased with the progress my attorneys have made to get this settled. We have a mediation schedule about 5 months from now which is expected to be 7... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 29, 2023

In your ongoing legal situation, it is crucial to consult with your attorneys before taking any action that may affect your case. They possess the expertise and knowledge necessary to guide you through the process effectively. If you were to contact your HR department to discuss a private... Read more »

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1 Answer | Asked in Employment Law and Gov & Administrative Law for Illinois on
Q: Can I sue for wrongful termination and/or pain and suffering?

I was discharged March 1, 2023. I applied for and was denied unemployment because I was fired for my conduct. I appealed and went (via webex) in front of an Administrative Law Judge. She sided with me. And in her opinion I was mailed it seems to me she doesn’t believe I should’ve been... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Many layers of different Federal and State law here. First, the decision of the ALJ cannot be used to establish liability in a civil action over termination, but because you are Union, you don't have that anyway. Nor is it useful in your grievance, some of the reasoning could help you but the... Read more »

1 Answer | Asked in Employment Law for Nevada on
Q: If I will be serving alcohol in my resto, can non-servers (bussers, kitchen staff) be below 21 years old?

I have a restaurant and I will be serving alcohol soon. I understand that servers or anyone who will be handling the liquor (like bartenders) should be of legal age. How about non-servers like bussers, kitchen staff, and chefs? Do they need to be of legal age? Or can they be below 21 as long as... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Typical lawyer answer: IT DEPENDS. You said the "bussers, kitchen staff and chefs" Are they handling alcohol in the performance of their duties- handling alcohol to be served to customers, not used in food preparation? Many dishes call for alcohol to be added: Bananas Foster, Cherries... Read more »

0 Answers | Asked in Employment Law for New Jersey on
Q: Can an employer take pay away from a commission paid worker?

I am a commission paid employee (hair stylist) on w2. If a client is not happy with service and another hair stylist (coworker) preforms service to correct (or just make person happy not necessarily correcting) - the service value is subtracted from my pay and credited to other employee. Same thing... Read more »

1 Answer | Asked in Employment Law for New Hampshire on
Q: Do I have to use the dot doctor that my employer sends me to or can I choose my own?
Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

This is a worker's compensation question. Repost in that category for a better answer. You need to consult an attorney in your local area that practices this kind of law. Thank you for using Justia Ask a Lawyer. Short answer, some states require it unless you have opted out before the injury.

0 Answers | Asked in Employment Law for Indiana on
Q: Can you be terminated while you are in a substance abuse treatment facility. They are the ones that sent me there.

They told me I would have a job when I returned after I completed a treatment program. Then they ended up firing me in the middle of my treatment.

1 Answer | Asked in Contracts and Employment Law for Virginia on
Q: If my employer had me sign an NDA/NON-COMPETE after a law was passed that it is unlawful to require signatures ..

from low wage employees and at the time of signature, I was low-wage, but upon termination a year later i wasn't, can it be enforced? and, if the Non Compete states the following... is that a 5yr employment contract?

7. Term. The time period during which information shall be exchanged... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

You are seeking specific legal advice on a forum that offers general legal opinions and explanations about the legal process. More information will be needed for an opinion. This is an employment law/contracts question, as you know. You need to consult an attorney in your local area that practices... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation on
Q: Hello, I had a work accident and broke my arm and had to have surgery. What are my options? Thanks in advance!
John Michael Frick
John Michael Frick
answered on May 26, 2023

If you had a work-related injury and your employer had workers’ compensation insurance, your medical expenses should be paid by the comp carrier and you should receive temporary income benefits TIBs until the doctor releases you to return to work. If the doctor determines your injuries have... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Environmental for Mississippi on
Q: How does an employee get help with working in a biased hostile work environment? M any issuer in the company.

Management tends to treat employees different when it comes to company policies only apply to the employees that speak up about issues or the ones that work hard and ask questions. When you go to the upper management, you get poorly treated. Management talks about personal information with all... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

The complaints that you are making in your post sound like the working conditions in every corporate workplace in this country, so you are not alone. Favoritism based on providing sexual favors to management is prohibited by both Federal and State laws. While an employer cannot take adverse... Read more »

3 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: I was hurt on the job , failed the drug test, was told I’d be covered for surgery and therapy . I was then fired .

I Went through the procedures of both for 6 weeks . Today I was told my claim was denied because of a failed drug test . The company I previously worked for specifically mentioned that is be covered even though I knew my drug test was going to fail. It was disclosed by their insurance provider to... Read more »

Neil Pedersen
Neil Pedersen
answered on May 25, 2023

There is nothing unlawful about your employer terminating you for failing a drug test. It is also not unlawful for the drug test results be passed along to a treating physician.

However, you really should locate and retain a workers compensation attorney to assist you with your workplace...
Read more »

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1 Answer | Asked in Employment Law for Texas on
Q: I work for a contracting company and didn't receive one of my paychecks. The company claims it's a phishing issue.

I work for a contracting company and didn't receive one of my paychecks. The direct deposit information was changed online unbeknownst to me and the contracting company stated they did their research and concluded it was a phishing issue. They stated they couldn't get the money back thus... Read more »

John Michael Frick
John Michael Frick
answered on May 25, 2023

Under the Texas PayDay law, wages must be delivered to the employee at their regular place of work during working hours, mailed by registered mail or by direct deposit to be received by the employee not later than payday, by any reasonable means, or to any person authorized in writing by the... Read more »

1 Answer | Asked in Employment Law, Appeals / Appellate Law, Civil Rights and Public Benefits for Mississippi on
Q: I was fired from Pizza hut jan.12 2023, I was told I was fired because my performance didn't meet their premiere standar

I didn't meet their premiere standards after they appealed my unemployment they said at hearing I got fired for missing 2 days in a row no call no show , but I know I worked those specific days cause Google maps and I worked my aunts birthday jan. 9. They are lying about the dates. . Can you... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

First you need to have a hearing with an ALJ on your unemployment claim, and present your evidence showing that you were improperly terminated under false allegations. Then, once you win that, you need to contact an employee's rights attorney in your local area. You need to consult an... Read more »

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