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Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Immigration Law for New York on
Q: How can an international student convert his residence permit into work or any other?

I am an international student at the university in the USA; I have got time-limited residence permit for study-purpose and I have got 1 year left before graduation, but I'd rather not want to finish it and want to begin to work asap, but I can't because of my residence permit for... View More

James L. Arrasmith
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answered on Dec 14, 2024

As an international student, your options for staying in the US after studies depend on your current visa status and future plans.

If you're on an F-1 visa, you can apply for Optional Practical Training (OPT), which allows you to work in your field of study for up to 12 months after...
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2 Answers | Asked in Employment Law, Civil Rights, Domestic Violence and Federal Crimes for Missouri on
Q: If the us supreme court dropped my case because it wasn't discrimination is there any other way to be compensated t

We were in a 2 year long legal dispute and 2 weeks away from my jury visit and they dropped it. I have PTSD and had a mask exemption. I was placed off the clock for having one and wasn't allowed to work after that unless I masked. I was a USPS Mail CarrierI was placed off the clock for having... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Dec 13, 2024

If your case has gone that far with the courts finding you are not entitled to any recovery, then you are done.

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1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for Texas on
Q: I have not been paid my regular paycheck in 7days. What are my options?

My employer did not deposit my whole paycheck last Fri. I immediately told my manager and he said others had same issue. I messaged throughout the day and was told payroll was resubmitted at noon on Friday and it will deposit most likely next business day. It's now Thursday of the next week... View More

John Michael Frick
John Michael Frick
answered on Dec 12, 2024

You can file a wage & hour claim with the Texas Workforce Commission:

https://www.twc.texas.gov/programs/wage-and-hour/texas-payday-law

1 Answer | Asked in Employment Law for Tennessee on
Q: Can a company enforce voluntary resignation if I refuse to sign their NDA?

My company is rolling out a new NDA and they stated in the email that failure to sign the NDA will result in voluntary resignation. Can they enforce this?

Anthony M. Avery
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answered on Dec 11, 2024

Tennessee is an employment at will State, so any reason or none suffices.

1 Answer | Asked in Employment Law and Health Care Law for Arizona on
Q: I worked for a hearing aid company. I was given a pair of hearing aids by them. They eliminated my position and now are

Asking for them back? Do I have to return them?

Tim Akpinar
Tim Akpinar
answered on Dec 23, 2024

An Arizona attorney could advise best, but your question remains open for two weeks. In general nationwide, return of such items could depend on any agreement that came with them, outright gift/perk, use for duration of employment, or other. Otherwise, a local attorney could advise more... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: In tn if I make a complaint about upper management and get fired can that be considered retaliation also how can I prove

How could I prove this is retaliation?

Anthony M. Avery
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answered on Dec 10, 2024

TN is an employment at will State, where you can be fired for any or no reason. If there are illegal activities going on, record them. Unless you have another job to go to, do not complain about your bosses.

2 Answers | Asked in Employment Law for California on
Q: When I was 17, I worked at Subway late into the night until 1am. Is that illegal in California?
Neil Pedersen
Neil Pedersen
answered on Dec 9, 2024

Except for certain narrow circumstances, it violated the child labor laws to work a 17 year old until 1 am. However depending on how long ago that happened, and other circumstances, that may not be something you could make a legal issue about and recover damages. You need to locate and consult... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: My employer consistently pays us late and our payroll checks BOUNCE every paycheck. I was just suspended for picking up

…My check on payday. Management was out of town, couldn’t reach anyone so I picked up the checks, we still can’t cash them 4 days later and now I’m suspended for a week because per usual “there was no money in the account”. I have An obvious case right?

Brad S Kane
Brad S Kane
answered on Dec 8, 2024

Since you were subjected to discipline, a suspension, for picking your paycheck on payday, you likely have a claim for illegal retaliation for seeking your timely payment of your wages. Your employer is not allowed to delay payment based upon case flow.

Since your employer is consistently...
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1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: Wage theft, discrimination, harassment, retaliation in Maryland, are there pro bono or contingency attorneys in Maryland

I am a female, non-exempt employee at a large university in Maryland. I worked unpaid overtime and additional hours, unaware of wage laws. A newly hired male employee repeatedly stood near me and stared, making me uncomfortable. After I reported it to my boss, he reassigned me to clean storage and... View More

Jonathan C. Puth
Jonathan C. Puth
answered on Dec 9, 2024

Check the Metropolitan Washington Employment Lawyers Association for attorneys who regularly represent employees. www.mwela.org. We routinely handle these types of claims and you may contact my office.

Correia & Puth, PLLC

1400 16th Street, NW, Suite 450

Washington, DC...
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1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: What do I need to support a claim of racial discrimination?

I was fired after starting a warehouse job, suspecting racial discrimination.

I received termination text with no prior performance feedback or warning.

Brian Greben
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Brian Greben
answered on Dec 9, 2024

You need show some evidence that their decision was at least in part caused by a discriminatory motive. The evidence can be almost anything that suggests racial bias. For example, if the only difference between you and the other employers is your race (and not a difference in performance, skill,... View More

2 Answers | Asked in Employment Law for California on
Q: What action does a employer take when a male employee keeps referring to a female as a b*ich?

There is a male employee who is hostile calling me profanity. I filmed it showed to HR. It happened twice. I know it's going to happen again on Monday. I don't know him. I think he might be the same employee from last year who asked me for my number. I said no. I'm worried my... View More

Brad S Kane
Brad S Kane
answered on Dec 7, 2024

Keep informing HR in writing each time it happens.

Sexual harassment has to be either severe or persuasive enough to change the terms and conditions of your employment. A single inappropriate touching likely meets that standard. One or two offense comments may not be enough depending on the...
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2 Answers | Asked in Constitutional Law, Consumer Law, Employment Law and Lemon Law for Florida on
Q: Bankruptcy Consumer Contracts Copyright Criminal Divorce DUI / DWI Employment Estate Planning
Phillip William Gunthert
Phillip William Gunthert
answered on Dec 8, 2024

It depends on what you precisely need, most attorneys work in specialty areas, we usually handle estate planning and probate and business entity formation and related contracts, other law offices have other specialties and matters that they handle, some more and some less areas.

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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for New Hampshire on
Q: Temp to hire first full time app withdrawn to due background discrimination was against policy but hired year after

1 background with temp met screening requirements, second application 4/5 months after first was dismissed and withdrawn for the purpose of retention with lower pay and no benefits. Finally got offer year later with lower pay than initial first offer year ago, misclassified as non exempt and exempt... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you're experiencing these challenges at work. It’s important to document all incidents related to discrimination, pay discrepancies, and lack of safety training. Keep records of communications, job offers, pay stubs, and any unsafe conditions you encounter.

You might...
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1 Answer | Asked in Contracts and Employment Law for Michigan on
Q: Does my non-compete and non-solicitation clause still apply if I am still employed and opening my own private practice?

I am a therapist with a non compete and non solicitation clause. I want to open my own private practice while still employed under contract with a non-compete/non-solicitation clause. These clauses say "Following the termination of employment, Clinician agrees for a x year period to refrain... View More

Tim Akpinar
Tim Akpinar
answered on Dec 25, 2024

A MIchigan attorney could advice best, but your question remains open for three weeks. It would be best to discuss this with an employment law attorney in Michigan, who would have insight into non-competes and state laws that govern them.

However, as a general observation of the way a legal...
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1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: My employer made me take a follow up drug test that was observed by a different gender than of myself, the donor

I’m a transgender woman and work for DOT, the testing being administered by HHS protocol

John Michael Frick
John Michael Frick
answered on Dec 6, 2024

In certain circumstances, you have the right to have a person of the same gender (not gender identity) serve as an observer during a drug test. If you fall into one of those circumstances, you--as a transgender woman--would have the right to insist that any observer be of the same gender (male as... View More

1 Answer | Asked in Contracts, Employment Law and Employment Discrimination for New York on
Q: Can my company stop me from moving?

I work remotely in healthcare. My company is based out of New York. I informed HR that I plan on moving outside of the state. I received a list of states which did not include the state that I intend to move to. In our remote worker agreement, it does say that we have to get permission from HR, but... View More

Joseph James Raetzer
Joseph James Raetzer
answered on Dec 30, 2024

I'm so sorry you're having this problem with your employer - moving is hard enough without the stress of employer pressures! From a straight contract law perspective, it's going to come down to what you agreed to in your employment contract. From your description, it seems like you... View More

3 Answers | Asked in Employment Law for California on
Q: Should my husband accept a bare minimum settlement for meal violation claim with his company?

My husband filed a Meal violation claim and has received a settlement offer. We would like to seek a lawyer before he accepts this settlement offer. He does not want to lose work opportunities due to this settlement. He filed a claim and they had a conference where he was offered a settlement... View More

Neil Pedersen
Neil Pedersen
answered on Dec 5, 2024

it would be reckless for any attorney here to give you the guidance you seek. This is the kind of question that can only be answered by an employment law attorney who can be allowed to understand the entire situation. You are going to need to seek out a specific, confidential consultation with a... View More

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1 Answer | Asked in Employment Law and Civil Rights for Oklahoma on
Q: Can a government entity that deals with prison population deny disability accommodations citing safety concerns?

Safety concerns (employee cannot hear x, y, & z) were cited in a denial letter. When asked for the objective evidence required under the ADA, it has been ignored or circumvented. What actions can an employee take if they have already been to the EEOC, who concluded they cannot do anything since... View More

James L. Arrasmith
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answered on Jan 5, 2025

You have the right to request reasonable accommodations under the Americans with Disabilities Act (ADA) and similar Oklahoma laws. If your initial request was denied due to safety concerns without proper evidence, document all communications and attempts to obtain the necessary accommodations.... View More

2 Answers | Asked in Employment Law for California on
Q: Can someone look at a settlement offer my husband got because my company was modifying my time card to avoid penalties?

They are in wrong and are settling for the bare minimum.

Neil Pedersen
Neil Pedersen
answered on Dec 5, 2024

Certainly you can get an employment law attorney to look at the settlement. However, understand that such a job necessarily involves more than just looking at the document. To do such a job competently and in a manner to avoid malpractice claims, the attorney will necessarily have to review the... View More

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1 Answer | Asked in Employment Law for Texas on
Q: My company wants to shift our pay period back a week to give them more time to do payroll. They are not changing the day

My company wants to shift our pay period back a week to give them more time to do payroll. They are not changing the day we are paid on, just where the pay period lands. To do this, they are not paying us for the second week of the pay period and holding it until separation of employment. They have... View More

John Michael Frick
John Michael Frick
answered on Dec 5, 2024

You are absolutely within your rights to refuse to sign.

That being said, you are most likely an employee-at-will and your employer can terminate you without cause for declining to sign. But you will get paid for all time you have worked.

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