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Employment Law Questions & Answers
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.

4 Answers | Asked in Employment Law and Small Claims for California on
Q: I've worked for an apartment complex for over 5 years Doing 2 remodels , and some general maintenance. Never been paid

I have witnesses ( current apartment manager, apartment owners son , and all the people living there) who said they would have no Problem testifying to me working. I'd say its at least 10 k for over 5 years. I still go and do maintenance to this day. The owners son tells me to be back the next... View More

Neil Pedersen
Neil Pedersen
answered on Dec 4, 2024

First thing: STOP WORKING FOR THIS GUY! He has proven for a long time to be someone who is taking advantage of you. Use your time to find a new employer who will actually pay you for your time and hard work. You have a right to be paid by this guy whether or not you continue to work for him.... View More

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1 Answer | Asked in Employment Law for Oregon on
Q: I worked for UPS and they never sent my last check
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 3, 2024

Yes, they have a habit of doing that, or really late. You can go after them for 8 hours worth of pay for each day they are late.

1 Answer | Asked in Employment Law and Libel & Slander for Missouri on
Q: If your employer fires you for something you are accused of, without proof you did anything wrong, can you sue?

I worked for a major hospital as a security officer. During this time a very violent juvenile patient came in, and we had to take physical measures to stop her from hurting staff. After the situation was resolved, I received several complaints against me from medical staff claiming I used excessive... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Dec 3, 2024

Unless you are a union employee, you are an at will employee, and as such can be fired at any time and for any reason, or even no reason at all. Accordingly, what you describe is not a wrongful termination. I recognize that to most laypeople the term wrongful termination would apply to any case... View More

3 Answers | Asked in Employment Law for California on
Q: Does a public school district in CA need to pay waiting time penalty fees after being terminated?

I was let go from a school district about 30 days ago and have not been paid my final wages. I talked to payroll and they said they were exempt from this as they are federally funded. Is this correct or will I need to seek legal counsel to receive my waiting time penalties?

Brad S Kane
Brad S Kane
answered on Dec 3, 2024

The short answer is probably not. If you were employed by a public school, you should not be entitled to waiting time penalties as Labor Code 203 is among the provisions that do not apply to governmental employers. Under Labor 200(b) Sections 200 to 211, inclusive, and Sections 215 to 219,... View More

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2 Answers | Asked in Employment Law for California on
Q: does the California minimum wage law for mechanics, providing their own tools, not apply to apprentices

I am a mechanic with three years of experience Southern California. I was hired onto this company with my own tools.

I recently brought up to management that I have provided my own tools and that I should be paid California minimum wage

Company does not provide me with any kind of... View More

Brad S Kane
Brad S Kane
answered on Dec 3, 2024

The short answer is probably not. The California minimum wage law for mechanics who provide their own tools does not apply to apprentices. According to 8 CCR § 11100, when tools or equipment are required by the employer or necessary for the job, the employer must provide and maintain them, except... View More

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3 Answers | Asked in Contracts, Criminal Law, Employment Law and Family Law for California on
Q: How to serve an evasive deponent

I’ve been attempting to serve a subpoena on a witness for a deposition for over two months. The witness is represented by a lawyer in a separate case, but despite multiple emails and calls, the lawyer has not responded.

The server process attempted to serve the subpoena at the lawyer’s... View More

Brad S Kane
Brad S Kane
answered on Dec 2, 2024

I disagree with Mr. Arrasmith's AI generated answer. There is NO mechanism to compel counsel in another action to accept service for a different action with different parties. Similarly, you do NOT need to file a motion for authorization of substitute service.

Your process server can...
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1 Answer | Asked in Employment Law and Immigration Law for California on
Q: Can an OPT student work as contractor for a company?
James L. Arrasmith
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answered on Dec 2, 2024

Yes, students on OPT (Optional Practical Training) can work as contractors for companies, but there are important guidelines you need to follow.

During your OPT period, you can engage in self-employed contractor work as long as the work directly relates to your field of study. You'll...
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3 Answers | Asked in Employment Law for California on
Q: My new employer supposed to compensate me for mileage expenditure driving my car for the job? My old job did.

As a public health worker and case manager, I have to drive to different residential addresses throughout the day. My old job reimbursed me for the mileage I expended, but my new job doesn't talk about it. There is nothing in the employee handbook that even brings up any such policy.

Neil Pedersen
Neil Pedersen
answered on Dec 2, 2024

You are entitled to reimbursement for all auto-related expenses when you use your own vehicle to carry out work-related actions. That is often done by paying you an amount of money per mile, but can also be straight reimbursement for gas, wear and tear, insurance, and the like. Just know that you... View More

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2 Answers | Asked in Employment Law and Employment Discrimination for Pennsylvania on
Q: I currently work at Pizza Hut as a crew member, can they withhold tips from employees?

Hello! I am currently an employee at Pizza Hut. I've been working here for almost a year now. When hired, I was told that we did not get to keep any of our tip money and was instructed to put the tip money recieved from customers into a small box, which does not get redistributed to the... View More

Joseph Korsak
Joseph Korsak
answered on Dec 2, 2024

Illegal, illegal, illegal!

You need a lawyer to make a demand on your behalf. Are you keeping some record of the amounts you paid in?

Call me.

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1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: Is it legal for a work place to publicly post employees names who did not receive the flu vaccination?

They say it's posted so other employees know who isn't vaccinated so they can make sure the unvaccinated employee is masking.

Jeremy Donham
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answered on Dec 3, 2024

Good day. There may be potential violations of privacy or the employer's policy. It would be a good idea to seek legal counsel to discuss this as it may depend upon the jurisdiction you worked in and the laws of that jurisdiction. We wish you the best in your search for a resolution to your... View More

2 Answers | Asked in Employment Law for California on
Q: Do I have the right to claim overtime compensation?

I work on a hospital here in Los Angeles as a part time employee on 12 hrs shift, 36 hrs a week. I've been with them for almost 14 years and that's been my work schedule from the very beginning. But my employer suddenly decided to change my work schedule to 8 hrs a shift, 40 hrs a week... View More

Maurice Mandel II
Maurice Mandel II
answered on Dec 4, 2024

Your rights are governed by 2 different things. first there are the laws, which are found in the wage orders for your type of job, located on the Labor Commissioner website. You may be WO 4 as a professional. In the wage orders there are special rules that apply to "Health Care Workers."... View More

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1 Answer | Asked in Employment Law, Estate Planning and Antitrust for Mississippi on
Q: My home was paid off and somebody that's close to me took a loan out on my home but it didn't show up on the deed?

So it didn't show up on the deed but then he tried to sell my home like he was the owner and he couldn't get a clean title for it but he bought title insurance and now they're going to pay him back like he's the real owner but I'm the real owner and now he's he's... View More

Anthony M. Avery
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answered on Dec 2, 2024

Loans rarely show up on a deed except for an old style vendor's lien. Hire a MS or TN attorney to search the title and determine ownership of the property. You may have to file a quiet title action or at least a detainer. Consult with an attorney about the apparent thefts but realize you... View More

1 Answer | Asked in Employment Law, Estate Planning and Intellectual Property for Mississippi on
Q: How can I get the title for a truck that been at my house for a year and I did work on it and I'm in Mississippi.

What paper work I need and I done work on the truck so I need to get the title for it and the person will not answer the phone are give a call back

James L. Arrasmith
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answered on Dec 1, 2024

In Mississippi, you can potentially claim ownership of an abandoned vehicle through the mechanic's lien process, which is specifically designed for situations where you've performed repairs but haven't been paid.

First, you'll need to complete Form 78-905 (Notice of Sale...
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1 Answer | Asked in Employment Law and Employment Discrimination for Pennsylvania on
Q: Can information never provided to me or signed by me be used against me in an unemployment appeal?

I had been terminated and at that time was told my termination reason was “confidential”. I had applied for unemployment and was denied due to “willful misconduct”. There was a file attached from my boss that was not added to Paycom until 10.23.24, when I was terminated on 10.11.24 and... View More

Jeremy Donham
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answered on Dec 3, 2024

Sorry to hear about the loss of your job. The medical issue could potentially qualify you to make a claim under the Americans with Disabilities Act ("ADA"). You will want to speak with a local attorney who practices in Employment law and discuss this further as well as the confidentiality... View More

3 Answers | Asked in Employment Law for California on
Q: Am i wrongfully terminated if a vendor delivery with frozen items fails to put merchandice in a cooler?

I was working at a chevron/Power market as a sales representative/ cashier and we had a vendor delivery for pizzas that we were going to be giving for free the following monday. I signed for the delivery since there was no manager on site to sign for it. Normally vendors deliver frozen items and... View More

Neil Pedersen
Neil Pedersen
answered on Nov 28, 2024

This is not a wrongful termination situation and the prior answer here, generated by AI, is absolutely wrong and should be distrusted. In California an at will employee can be fired for any reason or even no reason at all. The employer does not have to be fair, or reasonable, and certainly has no... View More

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1 Answer | Asked in Employment Law and Government Contracts for California on
Q: IHHS took all 3 months of my pay because the guy I am helping has a copay. Can they charge me if I just work for IHHS

Can they do that? I am not the one with copay he is and they took all my 3 months back pay from now I am spected to pay taxes for money I never got paid . I been working helping disabled guy for two years and than I stop getting pay but continue working for him. Ihhs said that when this disabled... View More

James L. Arrasmith
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answered on Nov 27, 2024

This situation sounds very concerning, and you should not have to forfeit your wages for someone else's copay obligations. In-Home Supportive Services (IHSS) cannot legally deduct a client's copayments from your wages as their care provider. Your compensation is protected under California... View More

1 Answer | Asked in Employment Law for Florida on
Q: A patient at my job shattered my windshield while my car was parked on company property. Are they liable to pay?

The incident was witnessed by other staff. As well as it being recorded by my jobs security cameras. I’ve filed with my job and they are now telling me to go through my insurance. They have repaired other staff members vehicles but are refusing to repair mine. I do not want to file a claim... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 28, 2024

Apparently, you are asking if your employer, not just the patient, is liable. No, you have not suggested any negligence on the part of your employer.

2 Answers | Asked in Employment Law for California on
Q: If the termimation of a contract says written notice, can it be written in an email letter of any format?

I signed a contract that states that termination must be done through written notice in case of breach of contract by either parties. Could the contract be terminated through mutual agreement through an email letter of any format?

Robert Kane
Robert Kane
answered on Nov 26, 2024

It should be in writing and by sent by registered mail in my opinion. A copy of the notice can be sent via email. If the parties agree, email is fine, but be prepared for the other to play games.

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1 Answer | Asked in Employment Law for California on
Q: I was fired from my security guard job because of the medication I am taking for anxiety and depression.

I was recently offered a security job and accepted the offer. Upon completing final paperwork. Which asked if I was currently under care of a doctor and taking medication for anxiety and depression. I said yes and listed my medication. HR was reviewing my paperwork and I was later told my... View More

James L. Arrasmith
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answered on Nov 25, 2024

This situation likely represents disability discrimination under California's Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA), as mental health conditions like anxiety and depression are protected disabilities when they substantially limit major life... View More

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