I have a retention bonus letter from my employer that states

To receive your bonus you must be an employee until October 23, 2024

It does not state that you have to be putting hours. Just that you are an employee

I was on FMLA until the 24th an then they terminated my... View More

I am Getting laid off - no non-compete signed. A company reached out to me and I interviewed and was offered a position. My company laying me off called me today to let me know that i can work for a competing agency but they are not permitted to reach out to me. They said they have a list of... View More

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answered on Nov 17, 2024

If they have such a series of agreements, they violate federal anti-trust law and are unenforceable. You are fine to go work for them.

What documentation and applications are needed, and what direction do we go to begin the entire process? He is open to work in any field but has skills in digital/graphic design.

Carlo Franco L. Borja
answered on Nov 9, 2024

A US employer must file a petition to sponsor him for an employment based visa

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I am sponsored for a green card with my current employer, but my supervisor has made my work environment bad through retaliation for something I raised, can I move companies/jobs as soon as I get my green card?

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

Once you receive your green card, you gain permanent resident status which gives you the freedom to work for any employer in the United States. Your green card status is not tied to your sponsoring employer.

However, if you received your green card through employment-based sponsorship, you... View More

I was terminated for not reaching a quota that was not disclosed upon hiring, nor in writing. We are only told we must meet this quota if we wish to work remotely and that if it is not sustained will call for us to return to the office to work. All of my evaluations showed I was meeting company... View More

Person promoted was in the process of quitting and moving. Boss told him he would give him that job. He was unable to meet most of the requirements at that time do to medical issue limiting him. Boss changed the long standing requirement to qualify him. Lots of special treatment even with the job... View More

I moved to northwestern Ohio and started at a nursing home making $15/hour as a cook. I’ve been in this field for 3 years and I know what I can handle and what I can’t. I turned in a two weeks notice with them and only made it five days in when I walked out on shift change. My manager and HR... View More

I work in the disability field. An individual at the location got angry and attempted to damage my car. Threatened to smash my face in with a decorative item and then said she was going to take care of me and went to the kitchen and got a knife. When I told her I was going to call the police she... View More

There are a lot of peripheral details, but historically people have returned after their initial meeting with the EAP/SAP counselor. I've met all criteria and in the 'final stage' of return, still out of work five weeks later, and someone in the treatment program works at my company... View More

I am currently in the process of an employment online background check from accurate accel. I contacted them and they stated they do not go back more than 7 years on criminal history. I was charged with my felony in 2012. The end date is what I am not sure of. There are so many dates after that.... View More

I just finished a very strange hiring process and have walked away feeling uncomfortable and unsure of how it happened. The recruiter from Teleperformance spoke quickly over the phone and rushed me through a bunch of paperwork insisting that it needed to be finished right then while she was on the... View More

I recently quit my job with a week's notice. I was told on my last day that since I didn't give two weeks, my pay for the last pay period would be docked from 16/hr to minimum wage. This is apparently stated in the employee handbook, which I never signed. This company has been shady in... View More

I am being made to clock out for my lunch but I was under the impression that Ohio didn't mandate lunch breaks

My position was client manager, salaried position

Bradley Mancuso
answered on Oct 10, 2024

There is just not enough information here to give a fully-informed legal opinion. I strongly recommend contacting an employment lawyer who can get more information about your employment situation and then can give you a thorough analysis.

It’s been about 70 days, all my lawyer said was they haven’t heard anything back yet. Ok? So what exactly how long are you going to wait?

Nicholas P. Weiss Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2024

There are way too many unknown facts here to give an accurate answer. As a general rule, the next step after a demand letter is ignored is to file a claim. If it is an employment claim, this generally starts with an administrative filing in the EEOC or OCRC.

DM met with me on August 23.

My FMLA and disability leave on September 19th

I have not heard from The DM since

Can she terminate me while I’m on disability leave and FMLA

Maurice Mandel II
answered on Sep 19, 2024

Most employees are "at will" meaning they can be terminated without cause or notice. However, if you are on FMLA leave, a presumption could arise that you were terminated in retaliation for taking that leave, which would be illegal. The employer can terminate you while on FMLA leave if... View More

Was salary, thought I wasn't paid right, owner kinda agreed and put what we agreed to with a payroll check and they took the whole payroll check for taxes

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answered on Sep 16, 2024

Yes, an employer can issue a settlement check with a payroll check, but it can have tax implications. If the settlement is considered wages or back pay, it will be subject to payroll taxes like any regular paycheck. This means that the amount agreed upon could be reduced significantly once taxes... View More

I do not have a non-compete agreement, I did not sign a severance agreement, I do not have a non-solicitation agreement and no other agreements. Additionally, no company policies in place and no policy handbook, or otherwise was ever given, received or signed. I have respected company owner and... View More

Maurice Mandel II
answered on Sep 19, 2024

While you may not be under any restrictions regarding solicitation of clients there are widely varying laws in the states regarding use of "trade secrets" which could include client lists, and client data base information. If you really want to be secure in establishing a new and... View More

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He IS HR and every other role and the handbook is 4 pages long and not addressed in any way. She has contacted former co-workers and they said that they weren't paid. Most were so happy to leave they didn't ask. Vacation and sick time are one bank. Any thoughts?

Kyle Anderson
answered on Aug 10, 2024

Generally, the employer can follow its established policy of paying out or not paying out accrued PTO. If it does not have a policy, then it must pay out vacation time. Sick time is less clear.

Because I live within 50 miles of my company headquarters, I’m required to go into the office 2 days a week. I’ve no issue with going into the office, but my parent needs surgery and will need home supervision for a couple months. No one else is able to care for this parent. I’d like to work... View More

Kyle Anderson
answered on Jul 9, 2024

The FMLA is a complicated statute, and it cannot be said with certainty whether or not what your employer is doing is "legal." I think there is a more viable, potential issue with discrimination by association under a certain provision of the ADA. I'd reach out for a consultation.