I am currently employed at Portsmouth Naval Shipyard. I took a long term medical leave of absence in July 2022 due to complications from stage 4 breast cancer. I have been trying to return to work for several months with no calls or email replies. I finally went physically on yard to talk with my... View More
This is a worker's compensation question. Repost in that category for a better answer. You need to consult an attorney in your local area that practices this kind of law. Thank you for using Justia Ask a Lawyer. Short answer, some states require it unless you have opted out before the injury.
A new manager put in place a rule that if you are asking for time off you must provide a reason for that request. If the reason isn't good enough, you are denied your request. The request sheet is left out so that anyone can see your request.
Yes. Since paid time off is not required by law, employers have a lot of discretion to define the terms of when and how employees can use it. If you don't want your requests to be seen by others, you can ask to mark the days you'd like off on the sheet and separately email or message your...View More
I previously was on Disability for a injury at past employer. I'm on pain management but I have a note stating I can go back to work without limitations. Can the new Employer rescind their offer of hire that I already accepted.
More information is needed here. However, if you are physically able to perform all aspects of the job, but your employer rescinded your offer after learning you had a previous injury from which you are now recovered, you should contact a New Hampshire employment attorney to discuss whether you...View More
They said at the separation that my RSUs would be forfeited, but this was not part of the agreement and the hiring package offered. There was zero mention or documentation of forfeiture and now they are trying to get me to sign this paperwork.
RSUs must vest before you can receive the underlying shares. Vesting schedules are often set to occur over time, so you would need to be employed at the company for a certain period of time before all or some of the RSUs vest. Termination of your employment usually stops the vesting, but this is...View More
I was laid off November 14th but was never paid for the last two weeks I worked. I was also never paid my vacation days or per diem that is owed to me. I have contacted HR and my former manager about this but have not received any response. I was told by another employee that they were on vacation... View More
Some states have a minimum period of time that needs to pass before you can bring any action for lost wages. However, if you worked those hours, you are entitled to at least your state's minimum wage for those hours worked, along with any overtime you worked during the two week period if you...View More
We have always been able to call out and use vacation time to cover hours lost.( I have been at the same work place for over 27 years). More than half the employees have already used up their vacation time by calling out(without any prior notice). Now, my employer decides to say you can no longer... View More
While this policy change seems unfair, there is nothing unlawful about it. Employers are not required to offer paid time off such as vacation time, so as a result, they have a lot of discretion regarding the rules and policies they create for using vacation time.
While still an employee on vacation and months before my retirement date. The company is now offering an early retirement package. I was sent an email notification stating I am eligible for this as well as details and amounts on what I would receive if I elect to take this package. I am not sure if... View More
Hi. I would accept the package in writing. You can work with your employer on a return to work date and finishing out the year and the employer can determine if there was any error in sending you the offer. In most cases, if someone makes an offer and that offer is accepted, the agreement is...View More
welp, I don't think this is as much of a legal question as one of perception and general office culture well being. So my reaction would not be legal, but would be to look at the better examples of people who have first changed their office's culture and later, if the matter came up,...View More
Under the Fair Labor Standards Act, an employer is required to pay its employees for all time spent performing “compensable” work. However, employers do not have to compensate employees during “bona fide meal periods.” A bona fide meal period is a break during which an employee is relieved...View More
My wife is being disciplined at work for caring for our daughter during the school shut downs during the corona virus pandemic. She is also being disciplined for missed time for past absences. NH is in a state of emergency as well. Is there any protections in place for parents to care for their... View More
Currently, there is no federal law providing protection for your wife's job in this circumstance, assuming that your daughter is not ill and only out of school because of the shut down. Congress is in the process of passing legislation that may impact this. You should consult an employment...View More
The Fair Labor Standards Act does not require employers to offer a specified amount of hours (or overtime hours) to employees, so employers are free to reduce the hours for your position, and unfortunately, you do not have any legal recourse here.
Depends on how the contract is written. Does the contract set a specific duration of time for which the employee will be employed under the contract? I would reach out to an Employment Lawyer in your state to go over the employment contract you are offering. I recommend having an understanding of...View More
In October a new manager was introduced to my store when the old one moved up. New Manager = NM. Old Manager = OM. NM was disliked from the start due to staring at young, female employees, disregard for personal space, and yelling at the staff. He’s also on thin ice for messing up payroll &... View More
Hopefully you kept the tape, or the OM will back up your claim. You should call Human Resources right away. You can file a sexual harassment claim with the Human Rights Commission online and they will perform an investigation. Good Luck!
NH is has a two way recording statute. Both parties need to be told that the other party is recording the other, otherwise is is a serious crime. There are exceptions but this does not sound like one of them. Be careful.
My daughter is changing jobs and has accrued 42+ hours of paid time off. However, the employee handbook and HR dept. state that only 20 hours will be paid regardless of how many hours have been accrues. Is this really legal?
Short answer is, based on these facts is-depends- it depends on what his title and job requirements are. There are federal and state laws that clearly protect employees from being called salary employees when in fact they should be getting overtime pay. You should call the NH Department of Labor....View More
I have 4 weeks earned vacation time and I plan on giving a three week notice to my employer of me leaving the firm. It is my understanding that provided I give a two-week notice, I am entitled to my vacation time. I am wondering if my employer does not accept my resignation and terminates me when... View More
First of all, congratulations on giving your company a four week notice, that in of itself shows that you are a very conscientious employee and they should appreciate that. I do believe, under your set of facts that yes, if they ask you to leave early you have indeed satisfied the requirement of a...View More
Injured by broken glass on a Monday, went home. Talked to my boss essentially begging her to fix a bunch of long-ongoing safety and equipment issues before I could come back. She said she'd get in touch with me the next day. Didn't hear from her for three days, then on Friday she fired... View More
This is a complex issue that needs to be worked on with an employment attorney. You may have a suit for wrongful termination based on a public policy claim, but the facts need to be looked at more closely to make that determination. She can' deny your unemployment claim, but you can simply...View More
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