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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

1 Answer | Asked in Employment Law for New York on
Q: I'm 11 weeks pregnant my obgy gave me a 25 lbs weight restriction but they say they cannot accommodate me

I work for amazon as a delivery driver for a 3rd party, heaviest packages we get are 50lbs but sometimes feel heavier, I gave the paper work my obgy gave me and my work basically said they have no light duty work, no desk duties and they don't do helpers so I have to basically deal with... View More

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 27, 2024

The Pregnancy Discrimination Act and related state laws require reasonable accommodations for pregnant workers, similar to those provided to employees with temporary physical limitations. If you work in New York, you have additional protections under the New York State Human Rights Law (NYSHRL) and... View More

3 Answers | Asked in Employment Law for California on
Q: What legal protections exist for non-profit employees reporting a dysfunctional workplace environment to the board chair

If staff members describe both ongoing bullying and a systemic lack of leadership structure to the board chair, and these have been documented in at least three staff /HR interviews, and the CEO has explicitly forbidden board-staff communications, what whistleblower or anti-retaliation protections... View More

Neil Pedersen
Neil Pedersen
answered on Nov 25, 2024

First, employees of a non-profit are to be treated the same way as employees of a for profit enterprise. No difference.

Second, bullying in the workplace and a systemic lack of leadership structure are not unlawful unless you can prove the bullying is being targeted at you because you are...
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2 Answers | Asked in Arbitration / Mediation Law, Employment Discrimination and Employment Law for Texas on
Q: Can an associate in a law firm give a lawyer in another firm a copy your arbitration deposition transcript 3 years pos

Deposition transcript was never used in arbitration ,case settled during discovery, transcript was shared 3 years later to another lawyer in another arbitration proceeding I was involved in ....it was actually stolen by the associate

John Michael Frick
John Michael Frick
answered on Nov 25, 2024

If the associate was an attorney in the law firm that represented you in the arbitration proceeding, he should not share your deposition transcript without your permission.

If the associate was an attorney in a law firm representing another party in that arbitration proceeding, he can...
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1 Answer | Asked in Employment Law for Arizona on
Q: My job, im working two different departments and the other department gets paid more than i, is this legal?
Joel Friedman
Joel Friedman
answered on Nov 24, 2024

This is not a workers' compensation case. It seems you are being paid at the lower rate for one of the two departments where you are assigned, even for work you do in the department in which other employees are being paid a higher rate. That is an employment law question and I would suggest... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: After FMLA leave I gave my HR a note with my name, restrictions and a box checked yes that I can return to work. It was

Signed by my doctor. They sent me home. On the second day I brought in a note and they allowed me to work the full day. The following day they denied the note stating that because it was a printed note provided by my employer's third party FMLA leave provider to my dr, that they could not... View More

Jeremy Donham
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answered on Dec 2, 2024

Very sorry you are dealing with this issue. Employers have a lot of latitude when they deal with employee FMLA issues. With that said, there could be some issues that fall under the Americans with Disabilities ("ADA") if you qualify. When an employer requests that you return to full duty... View More

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: My neighbor got fired for not going to work for 3 days but he had a doctor's note so is there anything he can do
Brad S Kane
Brad S Kane
answered on Nov 23, 2024

The first question is whether the employee communicated with his employer about his absence. If the illness was so severe and unexpected that it prevented communication, then the failure to notify the employer could be excused.

In California, if your employer has at least 5 employees, then...
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1 Answer | Asked in Employment Law and International Law for Wisconsin on
Q: Good Day, I am an international nurse who has a contract with a nurse recruiting agency who wants to end it.

I am an international nurse and I feel like the salary wiuld not be enough for me when Inimmigrate because i have obligations in my country and to become a single mom in a new countey will be a bit more challenging. I was told that wiyh bonuses i may be paid a bit more but I am not confident since... View More

James L. Arrasmith
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answered on Dec 12, 2024

Your situation sounds challenging, dealing with contract concerns while planning an international move as a single parent. Questions about breach fees and contract termination can be complex, especially across international borders.

Since your contract falls under Florida law, any changes...
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1 Answer | Asked in Employment Law for Connecticut on
Q: What rights do town employees have against employers spying with hidden camera

We work for the town of Greenwich conn.

James (Jake) Dunigan
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answered on Dec 2, 2024

If the camera is in an area which you would not expect to be private there may not be any right for the employees to contest the existence of a camera. If the camera is in a conference room or office that you expected would be private, or were told would be private, there may be a case to have them... View More

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: My boss outsources a company without anyone knowing and leaves me out claiming there is no work. Is this legal?

For weeks now I work 1 or 2 days in a week. I recently found out that my boss hires people from another company to do my job. He tells me there is no work however the team he contracts get their 40 hours. I’ve also lost money a couple of times when I worked double time and traveled by him paying... View More

Neil Pedersen
Neil Pedersen
answered on Nov 22, 2024

There is nothing unlawful about an employer outsourcing an employer's job duties unless the motivation for doing so is your membership in a protected class of people or because you engaged in some form of legally protected conduct. The AI "assisted" answer by Mr. Arrasmith is simply... View More

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3 Answers | Asked in Employment Law for California on
Q: If I own 2 companies, can I have employees work 8 hours in one and part time in the other? Same location.

We have 2 companies located in the same building. Can they work for one full time and part time for the other, the same day? Technically, doing 12 hours with 2 different companies.

Neil Pedersen
Neil Pedersen
answered on Nov 21, 2024

Yes, you can have the same employee work at two of your locations. The issue will be whether they will need to be paid overtime after they work 8 hours in a workday or 40 hours a workweek. That issue will be resolved by looking at the type of work, the level of control by you of the two... View More

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1 Answer | Asked in Employment Discrimination, Employment Law and Immigration Law on
Q: A Pakistani contractor working for a US firm. Employer is not paying because its client is not paying. Need US visa for

Hi, I am from Pakistan. In the field of IT I am working as a freelancer/contractor for many years now. I signed a work agreement (payment by hourly basis) as Contractor with a US based resource company in Nov 2021. I have been getting all my monthly timesheet approved by Client manager intime and... View More

James L. Arrasmith
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answered on Nov 21, 2024

Your situation involves significant unpaid wages, and taking legal action could be worthwhile given the substantial amount owed to you. Before considering travel to the US, you should first consult with an employment law attorney who can review your contract and advise whether pursuing legal action... View More

1 Answer | Asked in Contracts and Employment Law for Pennsylvania on
Q: Please interpret this. Am I liable for the penalty of 25,000 dollars if I terminate the contract?

Section 10 of Contract states that I can terminate it without cause. Section 11 breach has a penalty of 25000 dollars. Employer insisting 25000 dollars penalty when I resign. I think they are wrong.

Tim Akpinar
Tim Akpinar
answered on Nov 28, 2024

A Pennsylvania attorney could advise best, but your question remains open for over a week. It could be difficult for attorneys here to comment on the terms of your contract. The format is limited to quick Q & A. Any law firm would likely want to see the contract in its entirety. You may lose... View More

1 Answer | Asked in Employment Law for California on
Q: Does my employer owe me missed meal wages if I’m scheduled to work 5 hours but on many days I can’t clock out on time?

I work as a nurse and my scheduled shifts are 5hrs. However, many times I’m forced to stay 15-30 minutes over my 5 hrs waiting for my relief to take over. I do get one 15 min rest break, but am I owed one missed meal break each time I stay over the 5 hr mark? I have also signed that I do not... View More

James L. Arrasmith
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answered on Nov 21, 2024

In California, if you work more than 5 hours, your employer must provide you with an unpaid 30-minute meal break, unless the total work period is 6 hours or less and both you and your employer have mutually agreed to waive the meal period.

Since you mentioned signing that you don't...
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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: I was fired from walmart in Feb.2024 I feel I was terminated wrongly I know CA right to terminate I feel I was targeted

My final reason for termination was Job performance with the explanation of I left my shift early and did not tell anyone and that I was warned before. Yes I left my shift early did I tell anyone yes and I wrote on our Teaming schedule that I was leaving early like all others do and never get into... View More

Neil Pedersen
Neil Pedersen
answered on Nov 20, 2024

In California you are considered to be employed on an at will basis unless you have an agreement to the contrary about that status with your employer. The employer of an at will employer can terminate the employee at any time and for any reason or even no reason at all. Terminating you for... View More

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1 Answer | Asked in Employment Law for Texas on
Q: If a given company wants their employees to wear a jacket with their logo on it only, do they have to provide the jacket

I work at a car wash in Texas, this company does not want the logo on our uniforms covered up and wants them always showing. They recently told us that we are not allowed to wear a hoodie underneath our uniforms (long sleeves permitted only). With that, we cannot wear a jacket without the company... View More

John Michael Frick
John Michael Frick
answered on Nov 20, 2024

The employer must either supply the uniform or provide notice to the employee of a third party vendor from which it can be obtained. An employer may deduct the reasonable cost of the uniform as well as cleaning costs from an employee's paycheck as long as doing so does not reduce the... View More

1 Answer | Asked in Employment Law for California on
Q: Can I apply for an EIN while on state short-term disability in California?

While on state short-term disability, I am applying for an EIN only to file a BOI report for an inactive LLC.

Would this be OK?

Or should I use my SSN instead if applying for EIN will create issues for my short-term disability?

James L. Arrasmith
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answered on Nov 19, 2024

Getting an EIN for your LLC while on California SDI benefits should not affect your disability status, since applying for an EIN is simply requesting a tax ID number and doesn't indicate active employment or income.

Using your SSN for the BOI report is possible, but getting an EIN...
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1 Answer | Asked in Employment Law for Washington on
Q: How would I sue for my PTO pay

Back on May 30th of 2024 I was terminated . For reporting harassment the day prior. However at this point I mainly want to focus on the around $1800 in PTO PAY that I never received. According to the employee handbook any and all PTO is supposed to be paid out upon termination. Every employment... View More

Brad S Kane
Brad S Kane
answered on Nov 21, 2024

You can file a wage complaint with the Washington State Department of Labor Industry at:

https://secure.lni.wa.gov/wagecomplaint/#/

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can my employer force me to go on disability if they refuse my accommodations request? Do I have grounds to fight back?

I work for a multi-billion dollar, global corporation in a manufacturing facility. I was recently diagnosed with ALS and have been working from home for several months. I made a formal accommodations request for a wheelchair accessible workspace and a hybrid work schedule (2 days in office/2 days... View More

Neil Pedersen
Neil Pedersen
answered on Nov 18, 2024

Far more needs to be known about your situation before an attorney can confirm whether you are being treated unlawfully. However there are indications in your post that the employer may be violating the Fair Employment and Housing Act. For instance, you do not post about what restrictions you have... View More

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1 Answer | Asked in Employment Law for California on
Q: I was fired from a company and was not given a reason. When I asked why, all I was told was “its not working out”.

I was fired from a company and was not given a reason. When I asked why, all I was told was “its not working out”. With that answer, it makes me think that the higher ups at the company were not happy with the time off I was taking. About 95% of the time I took off was pre-approved. I know the... View More

James L. Arrasmith
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answered on Nov 18, 2024

In California, as an "at-will" employment state, employers can terminate employment without stating a reason. However, they cannot fire you for discriminatory reasons, including sexual orientation, or in retaliation for using approved time off.

Your situation raises some red flags...
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