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Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: Would I have a case if I received a job offer by phone and then was told later the the offer was receded.

When I asked why I was told I’m no eligible for rehire with no further information however during my previous employment I was never put on any disciplinary actions

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 21, 2024

No, you probably would not have a case. Employment is normally "at will", which means that an employer does not need a reason to terminate your employment.

Q: Do i have a case against my boss for unfair treatment

I have gotten written up for things that happened 5 months ago after already being reprimanded and treated like crap for a month mind you 4 other girls do the same things I do and never get written up for anything just me. She also takes a half hour pay from us everyday for lunch but won't let... View More

Joseph Korsak
Joseph Korsak
answered on Dec 18, 2024

You at least have a wage and hour claim under federal law. Look me up at korsaklaw.com,

1 Answer | Asked in Employment Law for California on
Q: I received form DE 4365REA on 12/18/2024. Will I still receive benefits until my form is reviewed?

I am supposed to certify on 12/22/2024, but just received this notice today.

James L. Arrasmith
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answered on Dec 18, 2024

Yes, you should continue to receive benefits while your DE 4365REA form (Reemployment Assistance Notice) is under review. Keep certifying for benefits as scheduled on December 22nd, even though you just received this notice.

It's important not to skip or delay your certification...
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1 Answer | Asked in Employment Law for California on
Q: I received form DE 4365REA on 12/18/2024. Will I receive that benefit until CA.EDD reviews my answers?

I am supposed to certify again through myedd online on 12/22/2024. Form is supposed to be filled out and returned within 10 days. I received it today 12/18/2024. I searched online but couldn't find an answer.

James L. Arrasmith
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answered on Dec 18, 2024

Your ongoing unemployment benefits should continue while the DE 4365REA (Reemployment Assistance Notice) is being processed, as long as you keep certifying for benefits as scheduled.

Make sure to submit your form within the 10-day deadline (by December 28, 2024) and continue your regular...
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0 Answers | Asked in Employment Law for Minnesota on
Q: Can my employer take away part of my dependent care flex account for 2024 from 5k to 3k?

5k pre tax has been taken out of my paycheck for dependent care flex account and they sent me an email yesterday saying they are going to cap it at $3142. So I’ll get the 5k but have to then pay taxes on the 1858 and I’m sure I’ll lose most of that money to tax. The week before Christmas... View More

0 Answers | Asked in Employment Law for Idaho on
Q: I was fired for reasons that are simply untrue and not in line w/my character & then denied unemplymnt benefits.

They stated I contributed to a work environment the created in offensive atmosphere that affected staff's ability to do their work and that my staff was subjected to demeaning behavior through my verbal intimidation and threat of retaliation. None of that happened. I have never threatened... View More

1 Answer | Asked in Employment Law, Tax Law and Business Law for Colorado on
Q: I am a 1099 independent contractor working with a school district as a speech-language pathologist.

Recently, there has been communication from district leadership indicating expectations regarding where and when I work, which aligns more closely with the control typically exercised over employees rather than independent contractors. I operate as a business owner, providing my own materials,... View More

James L. Arrasmith
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answered on Jan 10, 2025

Your concerns about maintaining clear contractor status are valid, particularly given the IRS's specific guidelines about behavioral control factors. The district's attempts to dictate when and where you work could indeed risk misclassifying your role.

Consider drafting a...
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0 Answers | Asked in Employment Law for Minnesota on
Q: I am looking for information on ADA.

I hope this message finds you well. My name is Lucy, and I am reaching out to seek your legal expertise regarding a matter that I believe violates the Americans with Disabilities Act.

In February 2024, I was hospitalized due to a persistent mental illness. I provided my employer with a... View More

0 Answers | Asked in Employment Law on
Q: In WA state. My employer claims that they may search my vehicle under the direction of authorities. Is this accurate?

It's my understanding that while the NLRA allows employers to search employee vehicles on employer property, the state strictly prohibits employers searching of employee vehicles under RCW 49.44.230. My employer believes that police can transfer there authority to the employer, allowing a... View More

1 Answer | Asked in Employment Law for California on
Q: Can I sue the IHSS, Los Angeles for withholding payment for over a year and non-compliance to a court order?

I'm in California and have a grievance against IHSS for non-payment/ withholding of wages for over a year. These hours, over 700, were granted by a judge. IHSS rep said it would take 16 weeks to pay out my submitted time-sheets for these hours. 16 weeks passed into a year. No resolution.... View More

James L. Arrasmith
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answered on Dec 18, 2024

Yes, you can sue IHSS Los Angeles for withholding payment and non-compliance with a court order, particularly given the extended delay and their failure to properly handle the payment process.

Based on California labor laws and the Ninth Circuit ruling you mentioned regarding IHSS providers...
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2 Answers | Asked in Employment Law for California on
Q: Is it considered workplace violence, If the person came to me first and intimidate me first?

The co-worker had a very bad day. All I did was say hi to him and I left him alone all day. He came down to the back of the warehouse, where we have all of the products in the back and proceeded to go towards me and a co-worker. He told me "I need to talk to you." Then proceeded to go up... View More

Neil Pedersen
Neil Pedersen
answered on Dec 18, 2024

The employer of an at will employee can terminate an employee for being engaged in any way with a workplace altercation, regardless of who is at fault. Good luck to you.

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1 Answer | Asked in Tax Law, Employment Law, Immigration Law and Traffic Tickets for South Dakota on
Q: Naturalization via marriage last 3 years joint tax transcripts rule. We have two joint tax transcripts, I am in US f2022

Hi, I am about to send the N-400 form. The case concerns the marriage of a US citizen. I entered US on CR1 visa in 2022 I removed the conditions of my 2-year GC, at the moment I am on IR1 10-year green card. For three years here, I have only two tax transcripts for 2022 and 2023 filed jointly... View More

James L. Arrasmith
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answered on Dec 19, 2024

From what you've described, having two joint tax transcripts for 2022 and 2023 should be sufficient since you weren't required to file U.S. taxes in 2021 as you weren't living in the country. Your husband's "married filing separately" status for 2021 won't... View More

0 Answers | Asked in Employment Law and Education Law for Missouri on
Q: Is it okay to sub in a school district where my girlfriend is a student?

I have been dating my girlfriend for 5 years now. We are both 18. I just graduated this year, she is still a student. What is the scope I can sub in when it comes to the district, can I sub at other schools, can I sub in her school, can I sub in her class? Should I inform the central office of the... View More

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Should I seek legal counsel if the harassment continues?

I had recently asked about a coworker calling me a derogatory name. Thank you to the attorney for the response.

I know my employer spoke with the male employee. He wasn't terminated. However, I think he is going to retaliate. I pulled out my cell phone out just in case. He was in... View More

Brad S Kane
Brad S Kane
answered on Dec 17, 2024

If he continues, keep a log of each incident, continue reporting it to HR and reach out to an attorney to discuss privately off line. Postings on this board are not protected by the attorney client privilege.

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0 Answers | Asked in Criminal Law, Employment Law, Business Law and Employment Discrimination for New York on
Q: And the plaintiff in one case and the defendant another. Yeah, the district attorney will not talk to me. What do I do

I'm basically being ignored in the court proceeding that I built. And I'm the victim in both cases

1 Answer | Asked in Employment Law for Tennessee on
Q: Would I have a case for wrongful termination if I was let go from my job with no prior notice and for alleged wrongdoing

They said I committed wrongdoing when they have no proof and they stated that I had been given verbal warning, which is also not factual.

Anthony M. Avery
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answered on Dec 17, 2024

No, TN is an employment at will State.

1 Answer | Asked in Employment Law for California on
Q: My former employer sent a settlement check signed in red ink. Wells Fargo destroyed the check, my lawyer won't respond.

I reached out to the former employer, they haven't responded either.

James L. Arrasmith
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answered on Dec 17, 2024

The color of ink used on a check shouldn't affect its validity, and Wells Fargo's destruction of the check is concerning. You should document everything that happened, including dates and names of any bank representatives you spoke with.

Since your lawyer isn't responding,...
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0 Answers | Asked in Employment Law for Texas on
Q: I am seeking assistance with obtaining my commissions after being terminated, by no fault of my own.

I am seeking assistance with obtaining my commissions after being terminated, by no fault of my own. They stated that it was in their company policy that I am not eligible for commissions earned that have not been paid out. This policy was never given to me nor did I sign off acknowledging such a... View More

0 Answers | Asked in Employment Law for Pennsylvania on
Q: My job wants us to be on call and be within 30min of our place of employment. Will this Violate FLSA Act?

We would have to keep a cell phone on us and anytime it goes off we would need to respond within 30min. They also do not want to compensate us for the time we are on call and restrict our movements to be within 30min of our job location. My question is would this violate the FLSA Act since they are... View More

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