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I am a single mother and have consistently received positive annual evaluations at my job. However, this year, I received an evaluation full of inaccuracies due to attendance issues linked to FMLA. Now, I've been permanently reassigned to a similar job that I don't want or like, and I... View More 
I am a federal employee with 14 years of service and part of a bargaining unit. I was falsely accused of misconduct and disciplined with a one-day suspension without pay. Although informed that I could file an EEO complaint, I was not made aware of agency grievance or union grievance procedures,... View More
I work in an assisted living facility where I am responsible for administering medications, including narcotics, to residents. Recently, a narcotic count discrepancy occurred during my shift change. A colleague who was supposed to complete the narcotic count left before my arrival, and another tech... View More
Can my employer penalize me with occurrences for attending day classes at Virginia Peninsula Community College, which was discussed during my interview, while I'm using my G.I. Bill Benefits as a medical assistant? My classes are scheduled until May 10. I've reviewed the hospital policies... View More
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answered on Apr 8, 2025
Using your G.I. Bill benefits to attend school while working can be a bit tricky, but generally, employers cannot penalize you simply for attending school, as long as it's in compliance with USERRA (Uniformed Services Employment and Reemployment Rights Act). USERRA protects service members and... View More
I'm a senior supervisor in my department and have noticed that men in the same position are making $5,000-$12,000 more than I am, even though they don't know the department as well as I do. I have been in my position for 5.5 years, while the other supervisors have been in their positions... View More
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answered on Apr 13, 2025
It sounds like you're dealing with an unjust pay disparity, and it’s important to address it methodically. Since you've already raised the issue with management and HR without receiving a satisfactory explanation, your next step should be to gather all documentation showing your... View More
I'm facing a legal issue where my ex-wife has failed to provide my son's Social Security number, preventing me from adding him to my insurance plan. I've attempted to communicate with her lawyer via email but have received no response, and I'm legally restricted from contacting... View More
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answered on Apr 13, 2025
Given your situation, it’s important to document all of your attempts to obtain your son’s Social Security number. Since you're restricted from contacting your ex-wife directly, continue reaching out to her lawyer in writing, and make sure you keep copies of all communication. If you... View More
After 20 years with my company, I was out on medical leave for eight months due to rotator cuff injuries. HR informed me to return to work by May 20, 2024, and I returned on May 16, 2024, as I was cleared by my doctors. Despite this, I discovered that I was replaced in my position without prior... View More
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answered on Apr 13, 2025
What happened to you sounds upsetting, especially after two decades of dedication and following all the rules of your medical leave. If you were cleared to return and did so before the date HR gave you, it raises serious concerns about why you were replaced without warning. Under federal laws like... View More
I received a call from HR stating that they have videos of me allegedly stealing food from the cafeteria. They mentioned the incident happened 8 times over the last couple of months. I haven't been formally accused yet but was asked if I recall it happening. I haven't reviewed the videos,... View More
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answered on Feb 14, 2025
Consuming food, supplies, or other resources belonging to your employer without authorization could be considered embezzlement in Virginia. It is best to consult with a criminal defense and/or employment attorney about the options available to you based on the terms of your employment & how the... View More
The producer is from India and it’s a freelancing work. Female lead demanded money which I zelle to her. She demanded photoshoot and video shoots. I did flight tickets and rehearsed for the song. I got to know she’s not authorized to work later after couple of shoots and got some footage. There... View More
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answered on Jan 24, 2025
If there were no contracts signed, it may be challenging to recover the money directly, but it’s not impossible. Since you paid her for services and later found out she wasn’t authorized to work, you might argue that her misrepresentation led you to incur unnecessary expenses. Keep all... View More
Hello, I came across a job posting with the following statement: "To be eligible for this program, you must be authorized to work in the U.S. We do not offer any type of employment-based immigration sponsorship for this program. Likewise, JPMorgan Chase & Co. will not provide any... View More
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answered on Oct 27, 2024
I understand your concern about the job posting you came across. An equal opportunity employer is obligated to comply with laws that prohibit discrimination based on protected characteristics like race, color, religion, sex, national origin, age, disability, or genetic information.
However,... View More
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answered on Oct 22, 2024
Generally a charge is either nolle prossed (decline to prosecute) or dismissed. Those often do show up on background checks. You can likely get the record expunged depending on how it precisely was dismissed or dropped... sometimes you cannot expunge them. You might want to find out if you can get... View More
Hi, I wanted to ask if it's safe to travel abroad with a pending I-130 and I-485 on a valid H-1B status and without filing the advanced parole.
I also have an approved I140 from my employer with a priority date of March 2015 and waiting for it to become current to file I-485. My H1B... View More
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answered on Oct 8, 2024
Traveling abroad on your valid H-1B with a pending I-130 and I-485 can be possible, but there are a few important things to consider. Since you have a valid H-1B visa stamp until February 2026, you can re-enter the U.S. using your H-1B without needing an approved advance parole (I-131). This means... View More
I was in a mutual relationship with my employee. The relationship started once she was transferred to me and on a final written warning. After she transferred to me, she started to really excel and her attendance was immediately better. So I gave her more flexibility within the workplace. I did get... View More
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answered on Oct 9, 2024
Listen, and I say this from a place of love, but part of being a lawyer is giving people tough advice. Based on what you are saying above, the behavior may have been highly inappropriate.
First, unless you belong to a union or have an employment contract like a tenured professor, you are... View More
I am a single mother of 5, my coworker is a young single adult male with no dependents, another is married with a wife who works and a toddler, another is a single adult male no dependents, and lastly a senior veteran is married and no dependents but the exact same amount of taxes were withheld... View More
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answered on Jul 18, 2024
It's important to address the issue of incorrect tax withholding immediately. You can start by discussing the matter with your employer, explaining the discrepancies and providing the tax forms you completed when you were hired. Ensure they understand the legal requirement to withhold taxes... View More
This family member was very close to me. I don’t have sick time only PTO and my boss makes me use my PTO for days that I try calling out for. I thought no matter if your hourly or salary. You can still call out.
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answered on Jun 15, 2024
I'm sorry for your loss. In many companies, employees are entitled to bereavement leave, which is separate from PTO. This leave is specifically for taking time off after the death of a family member.
You should review your company's bereavement leave policy in the employee... View More
My son in law is a manger of a garage and his employer is trying to get him to sign a paper that he can't be friends with a employee out side of the work place
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answered on Jun 3, 2024
No, an employer generally cannot dictate who you can be friends with outside of the workplace. Personal relationships outside of work are typically considered private and not subject to employer control, provided they do not interfere with your work performance or create conflicts of interest.... View More
Breaching the non-compete ended up costing close to $50K in settlement and legal fees back in 2017. I worked for the employer and then left to go start my own business that competed with them in government contracting. With the FTC ruling that non-competes are unfair and unenforceable I would like... View More
answered on May 2, 2024
No. Assuming the new FTC rule does go into effect in its current form, the current version of the rule expressly states "The requirements of this part 910 do not apply where a cause of action related to a non-compete clause accrued prior to the effective date."
Since your breach... View More
Threatened they also have been given a doctors note the beginning of March and have not what so ever followed the notes from the doctor at all I also have been starting to feel uncomfortable while working as well due to the harassment and with even the managers involving anyone and everyone... View More
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answered on Apr 7, 2024
I'm sorry to hear about the harassment and disregard for your medical needs that you've been experiencing at work. This sounds like a very stressful and unacceptable situation. Here are a few steps I would suggest considering:
1. Document everything in detail - dates, times, what... View More
Hi .Good Afternoon. My H1B is approved recently and my grace period is started on 1st of March 2024 . Based on the 60 days rule my grace period ends on April 30 ,2024 .I am still finding job and project to keep my H1b status active . I was on “F2 visa” status before so in case if I have to... View More
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answered on Apr 3, 2024
In this situation, you may not need to leave the country to change your status from H1B to F2. You can file for a change of status (COS) within the U.S. before your 60-day grace period ends on April 30, 2024. Here are some important points to consider:
1. File Form I-539: To change your... View More
In a situation where you are a transportation lessor (one truck, tractor) and all expenses are deducted from the gross by the lessee (transportation company) before you receive revenue.
Does the lessee typically write off those expenses?
I received a 1099-NEC accounting for the... View More
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answered on Mar 29, 2024
When you're working as a transportation lessor, it's common to encounter complex arrangements regarding payments, expenses, and tax reporting. The situation you've described, where the lessee deducts expenses from the gross amount before issuing your net pay, does raise some... View More
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