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Mississippi Employment Law Questions & Answers
0 Answers | Asked in Employment Law for Mississippi on
Q: I use my personal vehicle to run errands for my employer. They’re not compensating me for mileage at all.

Im “on the clock” while running their errands.

Can I refuse to use my vehicle?

Is this legal?

1 Answer | Asked in Employment Law for Mississippi on
Q: Can company pay salaried employees who didn't work during a shutdown the same as salaried employees who DID work?

We had a network breach that shut down the plant for 2 weeks. Management informed salaried employees to use PTO during that time. During this 2 week period our department (Test Engineering) and our IT department continued to work while everyone else was sent home. Management made announcement... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 15, 2024

During a shutdown, it can be frustrating to see that employees who didn't work are paid the same as those who did. However, companies often have policies that apply across the board to ensure fairness and compliance with labor laws.

Management’s decision to pay all salaried...
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2 Answers | Asked in Employment Law, Civil Litigation, Gov & Administrative Law and Municipal Law for Mississippi on
Q: My car was towed from my job today saying I am suppose to have a FedEx handicap placard which *we don’t have* instead of

The handicap card I had displaying on my windshield. I have it because my disabled mother lives with me and we are sharing my car at the moment while we get her vehicle fixed . I am her sole caretaker and my vehicle is the one she rides in. How can this be legal ? I have two small children and my... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024

It sounds like you're going through a very stressful and unfair situation. Being towed under these circumstances, especially when you rely on your vehicle for essential duties as a caretaker, is incredibly challenging. The first step is to gather all relevant documentation, including the... View More

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1 Answer | Asked in Employment Law and Civil Rights for Mississippi on
Q: How to go about suing a company for American Vunerable Abuse Act in State of Mississippi ?

My son is Autistic but highly functional, he does have certain things that he cannot learn certain things like how to drive and his right hand from his left, count money, and he is also ADHD, his employer knew this when they hired him, he worked for 2 weeks without pay, or the required background... View More

Arthur Calderon
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Arthur Calderon
answered on Aug 27, 2023

I hate seeing this. Based on the facts as you've presented, your son may have a claim for discrimination and constructive termination; however, it is going to depend on some more facts, as those types of cases are very fact intensive. Your best bet is going to be to reach out to a lawyer to... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Environmental for Mississippi on
Q: How does an employee get help with working in a biased hostile work environment? M any issuer in the company.

Management tends to treat employees different when it comes to company policies only apply to the employees that speak up about issues or the ones that work hard and ask questions. When you go to the upper management, you get poorly treated. Management talks about personal information with all... View More

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

The complaints that you are making in your post sound like the working conditions in every corporate workplace in this country, so you are not alone. Favoritism based on providing sexual favors to management is prohibited by both Federal and State laws. While an employer cannot take adverse... View More

1 Answer | Asked in Employment Law, Appeals / Appellate Law, Civil Rights and Public Benefits for Mississippi on
Q: I was fired from Pizza hut jan.12 2023, I was told I was fired because my performance didn't meet their premiere standar

I didn't meet their premiere standards after they appealed my unemployment they said at hearing I got fired for missing 2 days in a row no call no show , but I know I worked those specific days cause Google maps and I worked my aunts birthday jan. 9. They are lying about the dates. . Can you... View More

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

First you need to have a hearing with an ALJ on your unemployment claim, and present your evidence showing that you were improperly terminated under false allegations. Then, once you win that, you need to contact an employee's rights attorney in your local area. You need to consult an... View More

1 Answer | Asked in Employment Law for Mississippi on
Q: IF FSLA guidelines for classifying Independent Contractors was in question from January 2021 until about October 13 2022

when a final ruling was made October 2022 for the Economic reality test.

How can they determine and force me to classify Independent contractors as employees for period Jan 2021 through Jan 2023?

N'kia (NLN)
N'kia (NLN)
answered on May 16, 2023

The economic reality test has been in place for years, although there have been several changes/attempted changes and clarifications/attempted clarifications in recent years. Also, in any given situation, there are numerous independent contractor rules that could apply. While there are the DOL rule... View More

1 Answer | Asked in Criminal Law, Employment Law, Personal Injury and Employment Discrimination for Mississippi on
Q: I NEED TO FILE EEOC RIGHT TO SUE LETTER BY JUNE17. HOW CAN I FIND SOMEONE?

EMPLOYER HAS 400 EMPLOYEES AND OWNER PARENT COMPANY HAS 10,000

Arthur Calderon
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Arthur Calderon
answered on May 19, 2022

I would highly encourage you to reach out to an experienced lawyer to handle this. You can reach out to any attorney on this platform by clicking the contact information next to their name. Most lawyers, including those at my office, offer free consults to see what can be done to help you out.

1 Answer | Asked in Employment Discrimination and Employment Law for Mississippi on
Q: Can I sue a place of employment for a manager\general manager saying that I am nothing but wasted space?

A manager\general manager at a certain company came into my office and was talking to a fellow coworker. At first I was not paying much attention and I heard her say "I said it about that dumb ass over there" "nothing but wasted space". I looked around my coworkers monitor and... View More

Arthur Calderon
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Arthur Calderon
answered on Mar 11, 2022

With the way that it looks, you may end up having a potential claim for constructive termination, given that your manager is creating an environment that is not suitable for working. That being said, you may want to consult a lawyer in your area to discuss further.

1 Answer | Asked in Employment Law for Mississippi on
Q: I was asked to take a urinalysis and have been suspended for 2 weeks while waiting for the results. Is this legal?

I filed an hr complaint for harassment against an employee at work. Since making that complaint I was asked to take a urinalysis drug test after returning from lunch break. I was suspended immediately until the results come back. However it’s been two weeks with no follow up. Is it legal to be on... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 5, 2022

This depends on why you were selected for the drug test. If the selection was random, or if your employer has a work-related reason to test you, then it can require you to remain out of work until the results are received. However, if you believe you were selected based on your complaint of... View More

1 Answer | Asked in Employment Law for Mississippi on
Q: Is it legal for my work to make us come in at 12 am and work us until 5 pm and then make us come right back in at 12 Am

Moreover I’m asking if it’s legal or not for them to work us around 17 hours and not allow us to get 8 hours of sleep in between shifts especially since I live a hour away from the workplace

Maurice Mandel II
Maurice Mandel II
answered on Sep 22, 2021

There is no Federal Law limiting the hours you are working . Certain states do have an 8 hour limit on the day unless extra hours are paid overtime premium pay. As long as you are receiving whatever overtime premium pay is required in your locale, you may be required to work this schedule, under... View More

1 Answer | Asked in Employment Law for Mississippi on
Q: I work for Amazon, in January I injured my knee, tried several treatments nothing worked now I need a knee replacement.

I will miss 2 to 3 months of work making only 60% of my day? Do I not get paid my full pay because I injured my knee at work. I have already missed time from work for other treatments for my knee and was only paid for a few days missed. Some of the days I missed I wasn't paid for?... View More

Arthur Calderon
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Arthur Calderon
answered on Sep 1, 2021

It sounds like there are quite a few issues with how Amazon is handling this situation. I would highly encourage you to reach out to an experienced workers comp lawyer ASAP, as these types of matters are very time sensitive. Most lawyers on here, including myself, offer free consultations to answer... View More

1 Answer | Asked in Employment Law and Admiralty / Maritime for Mississippi on
Q: My question relates to maritime law, LHWCA; 33 U.S.C 928

My debate relates to what does the term “employer

and carrier” means in this context?

Tim Akpinar
Tim Akpinar
answered on Aug 29, 2021

Under the statute, the terms are defined as follows...

"The term "employer" means an employer any of whose employees are employed in maritime employment, in whole or in part, upon the navigable waters of the United States (including any adjoining pier, wharf, dry dock,...
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1 Answer | Asked in Employment Law for Mississippi on
Q: I worked for a company 30 years and was diagnosed with CLL in 2016, doctor said from recent blood work i had it 2 years

Prior, I sure it’s from the chemicals I worked around and the industrial paint we used, Should the company be held liable for this ??

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Nov 28, 2020

There is a very real possibility that the employer could be liable to some extent, as well as the manufacturer of the industrial paint that you used. I would highly encourage you to reach out to an attorney to further discuss. Most lawyers on here, including myself, offer free consultations to see... View More

1 Answer | Asked in Employment Law for Mississippi on
Q: I was constructively discharged. OSHA confirmed that my issues were valid and true. The company admitted that, Can I sue

I was hired as A boat Captain in MS to replace the existing Captain ( howard) who the company said, was Going to retire. Howard had no intentions of retiring. Howard did everything he could to run me off. I tolerated it for sometime because I really needed the Captains job. Eventually it became... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on May 22, 2020

There may be a case there for constructive termination; however, your best bet is going to be to contact a lawyer directly to review the facts and circumstances in more detail. Feel free to reach out to any lawyer on here by clicking the contact information next to their name. Most lawyers on here,... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Mississippi on
Q: Injury at work

Workplace only has one employee so worker’s compensation isn’t required. If that employee gets injured at work, is the employer responsible for medical bills?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Apr 20, 2020

The employer could be, depending on the circumstances. I would highly encourage you to reach out to a workers compensation attorney sooner rather than later, so that you can go over the details of your potential case.

1 Answer | Asked in Employment Law for Mississippi on
Q: Hospital directing family member with Asthma to treat COVID patients.

RN nurse has asthma and their usual job is in a orthopedic surgical facility. The facility has been shuddered temporarily and all nurses are reassigned to the main hospital to be placed in care of COVID-19 patients. Hospital has refused to place in a position away from contact with the patients.... View More

Carrie Dyer
Carrie Dyer
answered on Apr 1, 2020

The nurse could submit a request for an accommodation under the Americans with Disabilities Act, requesting that she be placed in a role allowing her to work without coming into contact with the patients. The request should be accompanied by a doctor's note explaining her condition and... View More

1 Answer | Asked in Employment Law for Mississippi on
Q: Can a employer legally require Employees to take a temperature reading before each work day?
Marshall J Goff
Marshall J Goff
answered on Mar 19, 2020

The Equal Employment Opportunity Commission (EEOC) recently gave guidance on this issue and stated that it is permissible, under the current situation, due to the community spread of the Coronavirus, for an employer to take an employee's temperature. However, employers actions related to the... View More

1 Answer | Asked in Employment Law for Mississippi on
Q: Can employer legally force employees to do Temperature reading before each work day is started
Marshall J Goff
Marshall J Goff
answered on Mar 19, 2020

The Equal Employment Opportunity Commission (EEOC) recently gave guidance on this issue and stated that it is permissible, under the current situation, due to the community spread of the Coronavirus, for an employer to take an employee's temperature. However, employers actions related to the... View More

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