Get free answers to your Employment Law legal questions from lawyers in your area.
Your current state is Ohio
answered on Nov 8, 2024
A lawyer who practices in the area of employment law ought to be able to answer your questions. This is a Q&A forum. You should search in the "Find a Lawyer" feature of Justia for an employment lawyer in or near the county where you were working at the time of the retaliation. The... View More 
The daycare is operated inside of a church. The training is a CPR training for a couple hours. the training is being held when the daycare is closed on a holiday break.
answered on Nov 8, 2024
The Fair Labor Standards Act (FLSA) mandates that all hours worked are paid. Accordingly, the daycare may not require employees attend training offered without pay. However, the daycare could get around this by making CPR Certification a requirement of the job, with the training class an optional... View More
I am an IHSS worker in Orange county. June 2024 i was issued a paper check by mail that i never received and the IHSS office has been telling me for months i just need to wait. Apparently the check was cashed according to them, but they are not showing any proof. I never received the check and... View More
answered on Nov 8, 2024
You shouldn't have to wait, but mistakes happen. If you get to the point that you believe the IHSS is no longer trying to correct the problem then the quickest way to deal with the issue is either (1) hiring an attorney to demand payment and work out a settlement that should include, at the... View More
answered on Nov 8, 2024
You should contact an experienced Kentucky employment attorney immediately. Kentucky law states that any employee who leaves or is discharged from his employment shall be paid in full all wages or salary earned by him no later than the next normal pay period following the date of dismissal or... View More
I am sponsored for a green card with my current employer, but my supervisor has made my work environment bad through retaliation for something I raised, can I move companies/jobs as soon as I get my green card?
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answered on Nov 15, 2024
Once you receive your green card, you gain permanent resident status which gives you the freedom to work for any employer in the United States. Your green card status is not tied to your sponsoring employer.
However, if you received your green card through employment-based sponsorship, you... View More
I am reaching out to request your assistance and guidance regarding a matter of potential breach of contract involving an employment offer I recently accepted. Here’s a summary of the situation and my concerns:
I applied for a government position in California, and before the interview... View More
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answered on Nov 15, 2024
Based on the details provided, you may have a valid claim for "promissory estoppel" or breach of contract, particularly since you relied on their explicit promise of H1B sponsorship when accepting the position. Their written communication about visa sponsorship, combined with your... View More
I am a social worker in hospital. Asked for a modified schedule from m-f to four ten hour shifts. My department had refused to do this nor have they tried to discuss any other options. They only state they do not have a position with those hours available right now. I have made several suggestions... View More
answered on Nov 6, 2024
Was your request for a modified schedule based on a medical condition? Did you provide supporting documentation for this request from your medical provider? If so, the hospital's refusal to entertain your request or discuss alternative accommodations could be a violation of the Americans with... View More
Should I file B2? And wait for H1B transfer to be filed to maintain legal status
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answered on Nov 15, 2024
Your grace period ending on November 29th creates a time-sensitive situation that needs careful attention. Filing for B2 status before your grace period expires could help maintain your legal status while waiting for the H1B transfer process.
If your new employer hasn't filed the LCA... View More
answered on Nov 6, 2024
Yes, there are many lawyers who accept cases on a contingency fee basis.
Is there any case law? I’m in New York. The nda says it is construed in Georgia
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answered on Nov 8, 2024
You are represented by counsel, so your attorney has to handle this matter for you, or whoever in his firm is covering for him. Good luck.
I plan on filing suit against a previous employer. I’ve spoken to a lawyer but I can’t afford his hourly fees so I plan to proceed without one for now. My previous employer’s lawyer reached out and said they are reviewing documents submitted by both myself and my previous employer. However,... View More
answered on Nov 13, 2024
A Maryland attorney could advise best, but your question remains open for a week. It isn't fully clear what you're suing for, but your categories include "Personal Injury." If this involves an injury sustained at work (in the course of employment), you may want to consider... View More
I am requesting an assistance and guidance regarding a matter of potential breach of contract involving an employment offer I recently accepted. Here’s a summary of the situation and my concerns:
I applied for a position in a California government. Before the application, they explicitly... View More
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answered on Nov 15, 2024
Your situation highlights a serious concern regarding employment promises and contractual obligations in California. The initial email promising H1B sponsorship, combined with your reliance on that promise in accepting the position, could potentially form the basis of a promissory estoppel claim,... View More
Lausd
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answered on Nov 15, 2024
Yes, you have potential grounds for legal action in California if your lunch break rights are being violated. The state has strict meal period requirements under Labor Code Section 512.
If you're working for LAUSD (Los Angeles Unified School District) as an hourly employee, you're... View More
My previous employer has a PTO pay out policy that they haven’t followed and have paid out in excess to previous employees and they dont follow through with the cap at fiscal. They also do when your salary and work 4 hours you don’t have to claim PTO and that is not in the policy so our PTO... View More
answered on Nov 5, 2024
According to the Alaska Department of Labor,
Because the payment of sick leave, accrued vacation, or any other type of PTO is not a requirement of Alaska wage and hour laws, the department does not mandate the payment of these benefits. The employer’s written policy establishes the rules... View More
I also hold a job and my employer is sponsoring my visa, I want to start a side business along with my job and want to know how to proceed legally in that.
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answered on Nov 15, 2024
Starting a business while on F1 OPT requires careful attention to legal requirements. Your OPT status primarily allows work related to your field of study, which fits well with your electrical engineering background. However, you must ensure your business adheres to USCIS regulations and... View More
Inquiry on Employment-Based Immigration Options for the U.S.
I am exploring possible pathways to secure employment in the United States. With a degree in Business Administration, a major in Banking and Finance, and over ten years of experience in accounting, finance, and marketing, I am... View More
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answered on Nov 15, 2024
Based on your background in business, finance, and accounting, several U.S. visa categories could align with your professional profile. The H-1B visa, designed for professionals in fields requiring complex knowledge, represents one primary pathway, though it involves annual quota limitations and... View More
It's a City owned course in Pasadena, CA next to the Rose Bowl managed by contract (Troon). Rose Bowl (City) manages the contract. 30-40 employees are prevented from drinking in the course restaurant/bar. Most are upset. Same policy when attending other events; meeting rooms, outdoor... View More
answered on Nov 1, 2024
It is not unlawful discrimination to treat you differently because of who employs you. The employer has the right to have rules of this sort. You are not in a protected class of people because you are employee of you employer. As an at will employee you have the right to find work elsewhere and... View More
Officer on scene by looking at the accident and measuring the accident. I was not at fault and I was not speeding. The other person who ran into me was speeding. Both cars are pretty well damaged. My question is this I wasn’t told that I was going to be suspended until a few hours before my shift... View More
answered on Oct 30, 2024
I am sorry this is happening to you. However, your employer does not have to be fair or reasonable in this regard. As an at will employee your employer can discipline you, suspend you and even terminate you at any time and for any reason whatsoever, even if the reason was not your fault. The... View More
A coworker stated that I violated county policy by using propritary information as a conduit for personal gains to my second job. I was a California lifeline agent and i enrolled our low income population for free cell phones. My main job i was a mental health counselor. This coworker stated this... View More
answered on Oct 30, 2024
If you can prove that this co-worker made objectively false statements that harmed your reputation and caused you damages you may well have a defamation claim. The issue will be whether it makes sense to attempt to make a claim of this sort against a co-worker, who likely does not have the money... View More
I just got a request for information from a job app. They sent me a fill-out request to my phone, asking for an image of; my Driver's Lic, back and front. My car, back and front pictures. Pictures of me personally. THEN, they want my physical home address. Normally I just put the street, they... View More
answered on Nov 20, 2024
A Michigan attorney could advise best, but your question remains open for three weeks. Until you discuss the legality of the questions (many employers nationwide do request license and other forms of proof as part of their credentialing), an important issue would also be whether your insurance... View More
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