Alabama Employment Law Questions & Answers

Q: I'm interested in filing a suit against let's eat out Incorporated

1 Answer | Asked in Civil Litigation, Employment Law and Workers' Compensation for Alabama on
Answered on Oct 25, 2018
Timur Akpinar's answer
Based on the limited details here, it could be difficult for an employment attorney to advise you whether or not you have a valid claim. If you consulted with an employment attorney, you could at least learn what timeframes you need to take action before to preserve your legal rights if they determine you do have a claim that is viable to pursue.

Tim Akpinar

Q: I’m a nurse practitioner and I signed an employment contract to give 3 months notice prior to resignation.

1 Answer | Asked in Contracts and Employment Law for Alabama on
Answered on Jan 29, 2018
Mr. James Parrish Coleman's answer
I think it is entirely possible that your contract with the doctor is not enforceable because you are a professional. Call a lawyer in your town and get some advice here. Make sure the attorney knows that the new statute concerning non compete agreements does not abrogate the prohibition against fixing it where professionals can't work.

Q: Can I sue Dorsey trailers for firing me for going in rehab

1 Answer | Asked in Employment Law and Personal Injury for Alabama on
Answered on Dec 9, 2017
Peter N. Munsing's answer
Unlikely but the best thing to do is consult a member of the Alabama Trial Lawyers Assn who handles employment issues and see what they say; they give free consults.. If they did allow him to use other vehicles to get booze it's possible.

Q: Can an employer rescind a job offer on the basis that something might show on background report?

1 Answer | Asked in Employment Law and Employment Discrimination for Alabama on
Answered on Oct 11, 2017
Anthony Rocco Pecora Esq's answer
An employer may use a background report to assist it in making employment decisions. HOWEVER, since background reports or background "checks" are considered consumer reports under the Federal Fair Credit Reporting Act (FCRA), employers must follow specific rules when not only using the reports but also obtaining the reports. These rules, generally are as follows:

1) The employer must obtain your written consent to pull your report. Your report contains sensitive data (credit history,...

Q: I was wrongfully Terminated based on accusations that weren't verified.Who do I contact and can I sue on low income?

1 Answer | Asked in Employment Law and Employment Discrimination for Alabama on
Answered on Sep 13, 2017
Mr. James Parrish Coleman's answer
In Alabama an employer can fire you for any reason at all -- provided that reason is not because of your race, disability gender etc. If you believe you were fired because of one of those kinds of reasons, you first have to go to the Equal Employment Opportunity Commission and file a complaint. They will then investigate and decide if you can file a lawsuit. They do this with something called a "permission to sue" letter.

If you were fired because your employer believes you were...

Q: I was recently let go from a job. They are claiming I was asleep or sleeping on the job, which I was not.

1 Answer | Asked in Employment Law and Employment Discrimination for Alabama on
Answered on Aug 16, 2017
William Head's answer
You need a lawyer to assist you. If no contemporaneous report of being caught sleeping on the job was made, then the company has no evidence of dereliction of duty. Plus, many places of employment have cameras, and these can possibly refute their claims.

Your case seems like a retaliatory firing. Now, get help in proving it.

Call this Atlanta lawyer, (who used to work with me) to get a referral in Alabama, if you are going to hire a lawyer.

A J Lakraj, 404-214-0120.

Q: I am a server in a restaurant. A customer accused me of adding a $4.tip. Customer nor restaurant have receipts.

1 Answer | Asked in Criminal Law, Employment Law, Libel & Slander and Small Claims for Alabama on
Answered on Apr 15, 2017
Samuel G McKerall's answer
Nothing. Nothing means NOTHING. Don't talk to law enforcement about it. Don't talk to your employer about it. If either of them want to discuss it with you, politely reply that you will be happy to discuss it with them IF, and only if, your lawyer can be present, Then go hire a layer and do what he tells you. $4.00 is a very small amount of money to get arrested over, but even though its a minor crime a conviction can have significant adverse consequences with respect to future employment....

Q: Can I change my mind on employment after signing a contract for employment? Start date of Aug 2017.

1 Answer | Asked in Contracts and Employment Law for Alabama on
Answered on Mar 31, 2017
Glenn B. Manishin's answer
Contracts for employment typically will not be enforced by a court order compelling the employee to work for the contracting company, but breaking the contract would give the company the right to ask a court to (1) recover actual damages, if any, to the business caused by your breach, and (2) possibly bar you from working a different job or for a competitor.

Q: The management and most employees at my job are using/buying one or more drugs on the job. What do i do?

1 Answer | Asked in Criminal Law and Employment Law for Alabama on
Answered on Feb 8, 2017
Samuel G McKerall's answer
The country is full of unemployed whistleblowers. If you complain to upper management, under the facts as you have outlined them you will probably be fired.

You really have little choice. Stay there and work and keep your mouth shut, or quit. It sounds like if you complain any further you might be in danger.

WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous...

Q: My employer said I have to pay full amount for health insurance wow I was off of work with broke leg.

1 Answer | Asked in Employment Law and Workers' Compensation for Alabama on
Answered on Nov 12, 2016
Peter N. Munsing's answer
Contact a member of the Alabama Assn for Justice who handles employment cases-=-they give free consultations. Usually, that type of arrangment will be governemed by your workplaces personnel handbook. Unfortunately the law usually won't cover that but it depends on the state and the ACA (Affordable Care ace?obamacare--mayu have some input on that.

Q: Harassment and retaliation in the work place

1 Answer | Asked in Employment Law for Alabama on
Answered on Apr 21, 2016
Mr. Michael O. Stevens' answer
Rather than posting in an open forum like this, best to find a local employment law attorney to discuss in private. And hurry, as you have already waited 1.5 years.

Q: I have been notified that my former employer is appealing the award of my unemployment benefits from the OESC.

1 Answer | Asked in Appeals / Appellate Law, Employment Law and Public Benefits for Alabama on
Answered on Mar 19, 2016
Marshall Jason Ray's answer
Although Unemployment Insurance appeal hearings are typically less formal than a court setting, you could be at a considerable disadvantage if your employer has representation and you do not. The third party representing your employer is not necessarily an attorney, as non-lawyers are usually allowed to be third party representatives in most states' unemployment proceedings. Those representatives may be very experienced with unemployment hearings--there are companies that do nothing else...

Q: I'm 18 and living in Alabama, my parents refuse to let me work in a certain field, what can I do?

1 Answer | Asked in Employment Law and Juvenile Law for Alabama on
Answered on Oct 23, 2015
Terrence H Thorgaard's answer
I note that in Alabama, as opposed to the rest of the US, the age of majority is 19 instead of 18.

Perhaps your mom knows best, based upon her own experience.

Q: Have offer of employment with bonus to pay out at end of fiscal year ( march ) company want to pay in September

1 Answer | Asked in Employment Law for Alabama on
Answered on Jul 25, 2015
Mr. James Parrish Coleman's answer
Your question makes no sense to me. What are you asking?

Q: Criminal Background

1 Answer | Asked in Employment Law for Alabama on
Answered on Feb 24, 2015
Mr. James Parrish Coleman's answer
An employer in Alabama can fire or refuse to hire you for any reason, or no reason, so long as you are not being discriminated against as a member of a "protected class" under federal law. That would mean that the employer refused to hire you because of your race, age, ethnicity, gender, etc. Being a pardoned felon does not make you part of any protected class.

Q: Denied unemployment wrongful accusations

1 Answer | Asked in Employment Law for Alabama on
Answered on Apr 5, 2014
William E. Scully Jr.'s answer
Better late than never, I guess. In Alabama, the initial decision to deny or grant unemployment compensation is made by a the examiner. He or she bases the initial decision on your application and on input from the employer. Did you appeal the examiner's decision? You have the right to appeal the initial denial of benefits. However, you should have done this within 15 days of receiving the examiner's decision (7 days if it was handed to you in person). You need to continue to file your...

Q: Terminated from my job of seven years by phone because i did not go to work once i was dismissed from jury duty

1 Answer | Asked in Employment Law for Alabama on
Answered on Apr 4, 2014
William E. Scully Jr.'s answer
Your employer may be in trouble here. Alabama Code Section 12-16-8 excuses an employee called for jury duty from his or her employment "for the day or days required of him or her in serving as a juror." Alabama Code Section 12-16-8.1 prohibits an employer from discharging an employee because of his or her jury service so long as the employee "reports for work on his or her next regularly scheduled hour after being dismissed from any jury." There is a conflict here, you see. The first...

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