Get free answers to your Employment Law legal questions from lawyers in your area.
My performance at work had declined due to issues with my daughter. She’s 17 and I don’t know where she is. Location is off and she refuses to tell anyone where she is. I shared this with my senior manager as an explanation for my performance last week. Today when I joined my conference call I... View More 
a wavier to receive records of military charges other than the original signature to conduct a background check?
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answered on Oct 31, 2024
Employers are allowed to ask about your military discharge status as part of the hiring process. However, they should refrain from delving into the specific reasons behind your discharge unless it directly relates to the job you're applying for. It's important to understand your rights in... View More
I recently got a promotion for my company’s first overseas contract. Being the first, my company did not know all that was required to have me start work in the new place. So they sent me overseas with no mission visa and had me working for 3 months before allowing me to then go back to the U.S.... View More
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answered on Oct 13, 2024
I'm sorry you're experiencing this situation. It's important to reach out to a qualified attorney who can provide you with the appropriate guidance.
If you are a salaried employee in South Carolina where you get a fixed salary each paycheck but you're not required to clock in or out how can being late to a shift be counted against you for termination?
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answered on Oct 10, 2024
I understand your concern about being a salaried employee who isn't required to clock in or out. Even without a time-tracking system, employers can still enforce attendance and punctuality policies. They may monitor your arrival times through managerial observation or other informal methods.... View More
I am a teacher in the state of SC. At the beginning of the 2021school year, I was sick with double Covid pneumonia. I used my days with the FBLA. The school district extended me 30 days but did tell me that if I missed 1 day over 90, I would be medically terminated and would have 5 days to appeal... View More
answered on Sep 19, 2024
When you have a medical condition that constitutes a physical disability, several laws apply to you, in addition to laws such as family leave acts (Federal and state). You may be protected by the Federal ADA and SC's equivalent disability protection laws. You should search for SC- employment... View More
I am writing to remind you that pursuant to the provisions of your Nexstar compensation plan you are bound to certain post-employment obligations as follows:
Through March 25, 2025, you may not, whether directly or indirectly, with or without compensation, enter into or engage in the... View More
answered on Sep 19, 2024
You really need to take all your documentation about this job and your agreement to a local attorney. The laws vary greatly from state to state about these non-compete agreements. In some states they are not enforceable against ordinary employees at all, in other states they are fully enforceable,... View More
I have a pretty good idea who did this. I used to work for KC Dispatch and didn’t leave on good terms. Also harassed by them on FB along with text messages. I had a medical issues for seizures and they called DSS claiming I had a drug overdose. I would like to know my rights and how I can pursue... View More
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answered on Mar 14, 2024
Facing false allegations, especially from a former workplace, can be incredibly stressful and damaging. It's essential to know that you have rights in this situation. The first step is to document everything. Keep records of the harassment on Facebook, text messages, and any communications... View More
I just left a team meeting where my Director told us that we would get corrective action/fired if we engaged in personal conversations (on personal cell phone) with our co-workers complaining/venting about them ( Director & Manager) or about the company? Also, insinuated that younger people are... View More
answered on Jan 23, 2024
Interfering with an employee’s right to discuss the terms and conditions of the workplace with coworkers likely violates the National Labor Relations Act and could be reported to the National Labor Relations Board through a filed complaint. And if an employee is fired for engaging in protected... View More
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answered on Jan 19, 2024
In South Carolina, if you resign from your job and your employer has already deducted payments for insurance benefits from your paycheck, it is generally not permissible for them to immediately cancel your insurance benefits. The continuation of insurance coverage is often subject to the terms... View More
At my There was a bad black mold problem.
I believe it put me in the emergency room.
So I filed a complaint with hr. After 8 months of telling my manager& nothing was done, I called h r. And they told me to file an osha report because people have been known to die from black... View More
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answered on Nov 22, 2023
It sounds like you may have been the victim of retaliation. Retaliation is when an employer takes adverse action against an employee for engaging in protected activity. In this case, the protected activity would include filing a complaint about a health and safety hazard.
In South Carolina,... View More
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answered on Sep 5, 2023
In South Carolina, as in many states, the use of your voice after termination may depend on various factors, including any contractual agreements and applicable laws.
If you recorded messages or provided your voice during your employment, your former employer may have certain rights to use... View More
Need copies of my work emails for last month i was working with former employer. This is in order to prove my validity in upcoming unemployment benefits claim Appeal Hearing. The blank subpoena form I have been provided asks for Name/Documents, Address, and Telephone number.
*Microsoft... View More
answered on Aug 22, 2023
The best way to word such a request is to include the date of the email, the email address it was sent from, and the email address it was sent to.
For example:
1/15/2023 Email from myname@company.com to mgrname@company.com
answered on Jul 8, 2023
Sorry you are not getting your transfer promptly. You are considered an "at will" employee and can be terminated at any time with no reason needed, unless you have a written contract that says otherwise. If you make too much fuss about not being transferred promptly, you may be fired... View More
Company Y share the names with their spouse that works at Company X?
answered on Jun 29, 2023
There is not enough information here to fully analyze your situation, so I must recommend that you consult with an attorney. I am wondering about the relationship, if any, between Company X and Company Y, and how the information from Company X came to be stored with Company Y. I am also wondering... View More
A 46-year-old female with a disability, I believe my rights have been violated, and I am seeking justice for the mistreatment I have endured. I am on a team of 6; same job different territories. Issues: Bullied by my boss and it is always done in front of an audience. Favoritism is shown to... View More
answered on Jun 29, 2023
Certainly document everything and contact a Plaintiff's employment lawyer, sooner than later because there are statutes of limitations on your claims, and if you do not pursue them timely you may lose them forever. Some employment lawyers offer free consultations, I always offer free... View More
If I bring them home do i have to pay out of pocket for home extermination?
answered on Jun 29, 2023
This may be a claim that could be pursued as a Workers' Compensation Act claim if you are injured or become sick as a result of the bugs at your job. I am unsure, but I do not believe it is illegal to be a bad employer and fail to keep your employment premises bug free, so it may be a case... View More
answered on May 28, 2023
Cannot say without seeing the paperwork. It would appear to mean that the decision was taken back. However, they usually say the decision was "vacated" not "rescinded." Rescinded is a contract term meaning the contract was repudiated by one of the parties and they want to undo... View More
I filed a claim with the unemployment benefit agency and I was denied then they sent me a message saying that the decision was recinded
answered on May 28, 2023
Cannot say without seeing the paperwork. It would appear to mean that the decision was taken back. However, they usually say the decision was "vacated" not "rescinded." Rescinded is a contract term meaning the contract was repudiated by one of the parties and they want to... View More
The SC department of revenue will be garnishing my state returns on behalf of the SC dept. Of unemployment, is there a statute of limitation?
answered on Oct 19, 2022
Whether the overpayment of unemployment benefits occurred because of fraudulent actions of the recipient may be in the eye of the Unemployment Agency. Generally, SC Code of Laws Section 41-40-10(5) states:
(5) Notwithstanding any other provision of this section, no action to enforce... View More
answered on Sep 13, 2022
Possibly, but it will depend on the specific language in the agreement. You can reach out to a SC non-compete lawyer for a consult so you understand your obligations.
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