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answered on Jun 17, 2021
Hello, more information is needed here. Are you paid hourly? The employer is required to pay you at least the minimum wage for all hours worked, and at a rate of one and one-half times your regular hourly rate for hours worked over 40. There may be an issue here if they are deducting hours in weeks... View More
I was fired in retaliation. My manager made my work environment hostile and uncomfortable. Every time I tried to talk to her to see what I could to improve things, I found myself being written up not to long after for attendance. I told her that I had depression and anxiety from day one. and that... View More
answered on Jan 14, 2021
Hi, more information is needed here. Your depression and ADHD may qualify as a disability under the Americans with Disabilities Act. It would be unlawful for your employer to discriminate against you on the basis of your disability (if it qualifies) or terminate you in retaliation requesting an... View More
It was within my 90 days probationary so I’m probably screwed but there was a number of days that I was out due to either quarantine order and childcare being closed due to Covid and I am I was told the entire time that nothing Covid related would count against me I was reassured and then they... View More
answered on Dec 31, 2020
Does your employer have less than 500 employees? The Families First Coronavirus Response Act requires employers with less than 500 employees to provide to all employees two weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay where the employee is unable to work because... View More
Employee was already hired. Fired them without giving any info except he failed background check..
answered on Dec 3, 2020
Hi, more information is needed here but it sounds like a law known as the Fair Credit Reporting Act "FCRA" is implicated here. Under the FCRA, an employer is required to provide the employee a copy of his background check (or "consumer report") and a summary of the... View More
I have most of my recent stubs and wittnedss.
answered on Jun 26, 2020
Hi, an employer is required by federal law to pay you minimum wage for all hours worked. The employer is also required to pay you at an overtime premium rate of one and a half times your normal hourly rate for all hours worked over 40 in a work week. If you haven't been paid minimum wage... View More
I was not offered a drug test or any chance to defend myself, I was simply walked out of the building and that’s the last I had heard of it. This is all based solely on hearsay, no evidence or investigation at all. Just wondering if there’s any legal action I can take. Thanks!
answered on Jun 17, 2020
Generally, in at-will employment states, employers may fire their employees for any reason or for no reason at all and need not provide you any opportunity to tell your side of the story. However, you may have a claim under the Americans with Disabilities Act ("ADA") here. But whether you... View More
I get paid a base “salary” (my pay checks say salary) of $545 a week. (After tax it amounts to about $450) I work 50 hours a week, no lunch. And don’t get overtime due to the “salary”, however if I miss a day, I am docked over $100 per day missed in that week. Can they do that? Also as of... View More
answered on Apr 8, 2020
I would reach out to an employment law attorney in your state for a consultation. In 2020, the Fair Labor Standards Act changed and required employers to pay employees a salary of at least $684 per week. In some circumstances, employers can deduct from your salary for a full day of work that was... View More
I work in an agency that provides services to individuals with developmental disabilities. One of the positions I supervise requires the staff to sleep in the house off the clock. Usually the person who works this position is an hourly employee. If I can not find someone to work an opening I am... View More
answered on Mar 4, 2020
More information is required for a full analysis of your situation, thus, I would recommend reaching out to an employment law attorney in your state. However, the employer would not be required to pay you extra for the sleep time if you are properly classified as a salaried employee. An hourly... View More
I am making 656 a week instead of the 684. My employer has told me that we get two bonuses a year and those bonuses are usually the equivalent of a full pay check and as long as they pay me the minimum 35,568 annually they are legally fine. Is this legal that everyone gets a bonus but only two... View More
answered on Mar 4, 2020
Under the Fair Labor Standards Act, if an employee receives non-discretionary bonuses or other incentive payments at least once per year, then the employer can count those payments towards the employee’s weekly salary to determine whether the salary basis test of at least $684 per week is met.... View More
I had a seizure my first week employed went 6months without one then had 2 had one with then 3 days went back with a doctor note had one that same night i went back got put on leave then i was let go havent been back. What should i do?
answered on Dec 31, 2019
You may have a claim for disability discrimination under the Americans with Disabilities Act (ADA), but this largely depends on the required job duties for your position. To assert a successful ADA claim, you must be qualified for your job, meaning you must have been able to perform the essential... View More
I had a seizure 3 days before went back that night with a note went on the floor and had another seizure havent been back since
answered on Dec 30, 2019
A medical condition that qualifies as a disability under the Americans with Disabilities Act are protected from discrimination. A termination based on a qualifying disability would be unlawful. However, more facts about your situation are needed. I recommend reaching out to an Employment Law... View More
I owe them the money it cost to train me. Are they allowed to withhold my paycheck?
answered on Mar 7, 2018
Employment agreements sometimes provide that, if a benefit is afforded at the early stage of the employment, and an employee leaves before having reached a certain anniversary, that the employee would repay the expense incurred for the benefit. Your question implies that your... View More
I have a picture of a yard that i maintained for a mowing company. I now have my own mowing company and mow for myself. Can i use that same picture of my work for that company and put it on my website
answered on Apr 27, 2017
Who took the picture? When was it taken. If you did not take the picture than you can not use it without permission. If you did take the picture, but took it as an employee of the other company, they likely also have the rights to the picture as "employee work product."
You... View More
I inspected a hazardous part and sent it out in the wrong color tub. But I realized it & informed shipping of the mistake and fixed it befor being sent 2 the customer.So no harm done. a few days later i was fired. That 1 mistake was the reason given. The box they checked was unsatisfactory... View More
answered on Apr 23, 2016
Employment laws do not necessarily protect against generalized unfairness. Whether you have a credible claim of wrongful termination depends on many factors and you have not provided enough facts. If you meet with a local attorney, you will have the opportunity to provide necessary details, such... View More
My husband merged his company with another. They had differences and now the other company is saying he can't work on a job over $10,000 also saying he can't volunteer his time either. The other company is constantly driving by our home and where my husband is offering a helping hand... View More
answered on Apr 12, 2016
You should have a local attorney review the situation. The legality and enforceability of a non-compete agreement depend on various factors. A local attorney will need to review the specific contract about which you are asking and give you an opinion.
Vacation pay if you earned your vacation I earned mine than two weeks later I was moving so I asked if I could put my two weeks in and than take my vacation but I was denied this was two years ago but I just learned that in some states(Oklahoma) it doesn't matter if you was fired or quit your... View More
answered on Apr 5, 2016
I do not know OK law, but generally there are no laws concerning paid time off. Usually it turns on what the employer's policy is on paying out these benefits. I also note two years may be too late. To see for sure, try contacting an OK licensed employment attorney.
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