We are required to remain at our station ,under threat of termination, beyond our agreed shifts if our relief does not show up for shift. I've made employer aware I am unwilling to stay past my scheduled shift.

I have left at my scheduled time twice in 3 months. I am forced to remain... View More

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James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024

Under Montana law, forced labor can fall under the broader category of labor trafficking, which occurs when someone is made to work against their will through the use of force, fraud, or coercion. Your situation seems to match the ILO definition of forced labor, as you are being compelled to work... View More

I have documentation and everything to back up my case, just want to know if it's worth it and if I have a case for this.

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T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 6, 2023

In Montana, wrongful termination claims often arise when an employee believes they were fired in violation of federal or state anti-discrimination laws, employment contracts, or other specific statutory protections. To determine if you have a viable wrongful termination claim, it's crucial to... View More

I inquired about applying at a local construction company. I have worked construction before and have good references. I asked about wage match, healthcare, and advancement, on the public ad the company posted. The owner messaged me privately on his personal account responding to my public comment.... View More

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Cynthia Pietrucha Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 8, 2023

You should check with an employment lawyer in your state to verify your legal options. However, please be advised that if you believe you were denied work based on your gender and your employer meets the minimum employee count requirements, under federal law - the Civil Rights Act of 1964, as... View More

In this case, the agreement prohibits "similar derivative" from being created by the employee.

What are the space, time and content limitations of such clauses? Are there others?

What are legal references to such provisions?

Marcos Garciaacosta
answered on Dec 17, 2020

You need to contact an attorney to understand this better.

The restrictions can be limited to a reasonable time and geographical area.

It also depends on whether there was compensation and the amount of said compensation.

I was getting paid by company check, then started being paid in cash. I asked about it and was threatened with physical harm and when i reported the threats my hours were cut and haven't been paid for my last 5 weeks of work. Each time, I'd call I'd be given excuses and then i... View More

Kyle Anderson
answered on Jun 18, 2020

Hi, the Fair Labor Standards Act requires you to be paid at least the minimum wage for all hours worked. If you worked any overtime, you would also be entitled to that as well. I would reach out to an employment law attorney in your state to discuss options.

I am mandated at 50 hours per week. I often work over than, sometimes 90 a week depending on staff. My paycheck says I only work 40 hours per week, is this legal for them to do, if not what law states so?

Carrie Dyer
answered on Jan 14, 2020

The Fair Labor Standards Act requires that employers typically pay their employees no less than minimum wage for all hours worked, and time and one-half their regular rate of pay for all hours worked per week in excess of 40. Unless you are subject to an exemption, if you are paid on an hourly... View More

I was promoted in june. Since then I haven't received 50% or more because of poor food cost or because of poor inspections. I feel like this was the first effort to Target me. I was a diligent employee for 13 years never missing a shift and working extra whenever needed. The problem is the... View More

Rhiannon Herbert
answered on Dec 19, 2019

Unfortunately, no. You live in an at-will employment state, meaning you can be terminated from your position for any reason or no reason at all, without warning. The only exception to this general rule is if you feel you are being targeted for termination for an unlawful reason based on a protected... View More

It was just a sick call for the flu and they won’t let my brother go back to work till he gets a doctors note saying he clear of sicknesses

I have been hosting e-mail for a small company for a couple years. About a year ago I placed the accounts on hold for the potential of a litigation suite. There is conflict of interest as a direct family member was an employee. There is no formal writ of service provided however I believe there... View More

Our general manager is extremely verbally abusive to the manager under him and all the other employees as well there is no camera in his office so there is no proof that he's doing any of this. The owner even though has been told by multiple sources refuses to do anything about it. So I'm... View More

I was staying for free, so I don't owe any money, in fact she owes me back pay of $35,300.00. There was never a tenant landlord relationship, and someone else now owns the property, and has given me the time "sooner than later" to move off. I am disabled and 64 years old woth no... View More

Peter N. Munsing
answered on Jul 20, 2016

First you need to contact a member of the Montana Trial Lawyers Association who handles employment issues NOW!

Not sure what non profit belongings and animals are. If they belong to a not for profit organization, tell the organization to move them. If not, it's on you--new owner... View More

I am getting married in a little over two weeks, I put in the request about a month ago. We are going to the courthouse and have a big wedding later on, but either way I don't want to work on my wedding day I want to spend that with the guy I am marrying. However just yesterday, I got told by... View More

Robert Jason De Groot
answered on Oct 14, 2015

I do not think that you can say that it is illegal to make you work on your wedding day. It probably is not illegal.

I recently answered a referral for a book keeping position for an individual who is a lawyer with many "businesses". He asked many unethical questions of which wrote down my replies in a file. I later called to decline the being interested in the position. I asked if I could have the file... View More

Bradley Jay Jones
answered on Apr 10, 2015

Unless the employer is using your information for illegal purposes there is nothing you can do. Your information was provided to him voluntarily.

I am the manager of a small motel and the person who comes in so I can have a day off is being paid $30.00 per day no matter how long she has to be here answering the phone taking reservations doing laundry etc...

Bradley Jay Jones
answered on Apr 10, 2015

How the employee is paid is a matter of agreement between the employer and the employee. State and Federal minimum wage requirements must be met but how the wage is calculated is not a firm matter of law.