She recieved her normal paycheck January 19th. for the week prior. She worked the following week but on January 20th she did not get paid for the week she took off for the surgery. She called HR to figure out what was going on because she is a manager and recievs salary pay. they told her that... View More
I was suspended pending an investigation. I was told not to discuss it and not to go to my workplace. Can the people conducting the investigation go there? They could be destroying evidence that would prove they did wrong and are trying to blame me.
Typically, an employer's policy and procedures outline who has the authority to suspend an employee. If you're concerned about evidence being tampered with during an investigation, documenting your concerns in writing and possibly sending them to a neutral third party within the...View More
You may have a disability discrimination case. Check with a lawyer in your state to understand your rights under WV law. You can also contact lawyers out of state to understand your rights under federal law. Best of luck!
Can I take action for being terminated for violating drug and alcohol policy for taking a hit off a delta 8 Vape which is LEGAL and not a controlled substance in West Virginia. I was not warned, was not drug tested, but was terminated
I am a Licensed Professional Counselor working as an Independent Contractor for a small private practice. I am planning on starting my own practice in the near future and have a handful of long-term clients that the current practice will not be able to absorb. If the clients want to continue... View More
The answer to your questions will depend on (1) what West Virginia courts consider enforceable non-competition provisions, (2) the specific facts and circumstances of your case, and (3) the language of the non-compete as well as any other restrictive covenants (clauses that forbid you from doing...View More
If your employer is claiming you resigned to contest your unemployment claim, you should make sure your unemployment office gets a copy of your layoff letter and explain that you did not voluntarily resign. Whether you are entitled to your unused PTO upon termination is generally governed by...View More
I was injured on September 4th. Starting two weeks later, I was written up once a month (in September, October, and November) before being terminated 1/1/21. All of the write ups were for work performance. I was never given assistance or accommodation to ease my workload, despite being told that my... View More
Hi, I would reach out to an employment lawyer in your state for a consultation. Some states, like Ohio, have laws preventing employers from retaliating or terminating an employee because the employee filed a workers compensation claim.
In April and couldn't actively seek work he still has his job when the doctors clear him I am disabled and we have been forced to live on my disability can I sue the unemployment office for benefits including retroactive ones?
To be eligible for unemployment benefits, the general rule is that the individual must be physically able to work. Thus, during your husband's surgery and post-operative recovery period, he would unfortunately not be eligible to receive unemployment benefits if he was not physically able to...View More
I worked with asplundh tree experts LLC for almost a year and I got fired bc I took off a few days because I had been under so much stress and anxiety and I was supporting 7 people in my home and I was threatened with a knife to my stomach and was told he was bonded to shoot me and he would get by... View More
More information is needed to analyze your situation. You should contact an employment law attorney in your area to determine if you have a claim under the Americans with Disabilities Act or Title VII for the way you were treated by your former employer.
On its face, the conduct of the employer appears to treat you and your co-employee differently; however, in order for that conduct to be discriminatory and actionable (i.e. for you to have a case), there must be evidence of an improper discriminatory motive. In particular, if you are a member of a...View More
It is hard to answer this question without more information. Your question was asked in the Employment Law area, but refers to an Ex and also references a 24-hour notice and no-shows, which implies that perhaps your question relates to a child custody or parenting plan - can you please clarify...View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.