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Alabama Employment Law Questions & Answers
1 Answer | Asked in Civil Litigation and Employment Law for Alabama on
Q: Can a contractor withhold a paycheck in alabama for personal debt to him from a 1099 employee if debt isnt from business

Vehicle was on monthly payment and was repossessed for 30 days behind , purchase was not linked to business contractor owned. Was told I wasn't fired or layed off but had to find a way to get to work

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

GA is always confusing. If you are a 1099, you are not an employee, you are an independent contractor and none of the employee protections apply to you. However, you may be misclassified as an IC by the employer, which can be a big financial benefit to them. They don't have to payroll... View More

1 Answer | Asked in Health Care Law, Medical Malpractice and Employment Law for Alabama on
Q: i have a chain of custody issue with a drug screening done through quest diagnostic and also privacy issue

on May 15 2024 I had a drug screening through work quest diagnostics was the lab they use i did not receive my results until June 12 2024 due to being misplaced June the 15th i had a meeting and got fired for results that was wrong so what happened with my specimens also others have my toxicology... View More

John Michael Frick
John Michael Frick
answered on Jul 9, 2024

Typically, after a lab test is completed, any remaining specimen is discarded. If someone other than you, your employer, and the lab have a copy of your toxicology report, ask that person how they obtained it. You might need to report the lab or your employer for a HIPAA violation to HHS. They... View More

1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Employment Discrimination for Alabama on
Q: I feel that I was racially discriminated against with my job. What do I do?

I worked for a company which was placed in a location primarily different race than myself. I went on medical leave and when it was ok’d for me to return to work. The location that my company was at asked my work to not allow my return. That I was no longer allowed there. I haven’t done... View More

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're in a difficult situation and feel you may have experienced racial discrimination at work. Here are some steps you could consider taking:

1. Document everything:

- Write down all relevant dates, events, and conversations

- Gather any evidence you have...
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1 Answer | Asked in Communications Law, Employment Law and Internet Law for Alabama on
Q: In alabama does an employeer need to have photo release form signed by employees to use on social media
James L. Arrasmith
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answered on Apr 16, 2024

In general, it is a good practice for employers to obtain written consent from employees before using their photos on social media or for other promotional purposes, even if not legally required. This helps protect the employer from potential legal issues and respects the employees' rights to... View More

1 Answer | Asked in Employment Law and Immigration Law for Alabama on
Q: Hi I have an employer isn’t giving me a paystub, currently I’m on H1B and in order to transfer my H1B we need paystub

What can we do if the employer isn’t giving me the paystubs

The old employer is asking to sign a document which shows that we are lending the money from them, and once we sign the document then only they will be sending the pay stubs

James L. Arrasmith
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answered on Mar 28, 2024

If your employer is not providing paystubs, which are crucial for H1B visa transfer, it's essential to understand your rights and possible actions. Federal and state laws in the U.S. generally require employers to provide employees with pay statements, detailing earnings and deductions. If an... View More

1 Answer | Asked in Employment Law, Tax Law and Business Law for Alabama on
Q: Is double dipping into my gross wages after statutory deductions legal ,the jail justifies14-8-37

I was on work release in limestone co.,after my statutory deductions have been made the jail took 25percent against my original gross wages that do not exist and they didn't receive a check for from my net pay that they did,here's the discrepancy if I get paid by w2 & another... View More

James L. Arrasmith
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answered on Mar 8, 2024

The situation you've described raises important questions about how deductions from wages are handled for individuals on work release, especially in the context of how gross and net pay are treated. If deductions are made from your gross wages after statutory deductions (like taxes) have... View More

1 Answer | Asked in Employment Law for Alabama on
Q: Can a company in AL require the use of a cell phone at work if they are not reimbursing for the phone's bill/cost?

Wife's company is now requiring them to use an app on their phone to sign into the computers. They do not reimburse for cell phone bill or provide a company phone. Is this allowed, and if she refuses to use her phone for work (as they aren't covering the bill) can she be fired with reason?

T. Augustus Claus
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answered on Jan 30, 2024

In Alabama, there are no specific laws that require employers to reimburse employees for the use of personal cell phones for work-related purposes. However, this area can be complex and might intersect with federal laws or guidelines. If an employer requires the use of a personal cell phone for... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Alabama on
Q: I am disabled. My boss gives me tasks that he knows I can't do, then harasses me when I fail to do them.
T. Augustus Claus
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answered on Dec 20, 2023

If you are facing workplace challenges due to a disability in Alabama, where your boss assigns tasks that are known to be difficult for you and then harasses you when you cannot complete them, it may constitute employment discrimination based on disability. Federal laws such as the Americans with... View More

1 Answer | Asked in Criminal Law, Employment Law and Constitutional Law for Alabama on
Q: How can one seal a 1st&only Misdemeanor offenses from over a year ago? It’s preventing employment.

Resisting arrest, obstructing gov op and poss 2 conviction is on a friends record and it’s preventing him from working. Can he seal it? He has been in no trouble since then and it was his first time getting into anything with the police involved. He’s an upstanding citizen and was even in the... View More

James L. Arrasmith
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answered on Dec 14, 2023

In Alabama, the process for sealing a criminal record, often referred to as expungement, is available for certain misdemeanor offenses. However, the eligibility for expungement depends on various factors, including the nature of the offense, the time that has passed since the conviction, and the... View More

1 Answer | Asked in Landlord - Tenant, Employment Law and Real Estate Law for Alabama on
Q: Am I considered a tenant for working 20 hours a week for free rent?

I've been working for someone 20 hours a week in exchange for free rent on their property since May last year, with only a verbal agreement to cook, clean, and run errands. I don't pay for utilities or other costs. Am I considered a tenant under these circumstances?

Anthony M. Avery
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answered on Apr 18, 2025

Yes , you probably have a month to month rental.

1 Answer | Asked in Employment Law and Gov & Administrative Law for Alabama on
Q: Can OSHA or state agencies act if my plant doesn't provide heat?

I work at a plant where the heating system is only turned on in the offices occupied by managers and human resources staff during the winter. The plant manager stated that heating the rest of the plant is too costly. On the assembly line, temperatures are about 10 degrees higher than the outside... View More

James L. Arrasmith
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answered on Apr 13, 2025

Based on federal OSHA regulations and potential state laws, your workplace situation regarding inadequate heating presents legitimate health and safety concerns. While OSHA does not maintain a specific standard for minimum workplace temperatures, the agency can enforce the General Duty Clause... View More

1 Answer | Asked in Employment Law for Alabama on
Q: what are my options on appealing covid related unemployment repayment?

i got covid back in may 2020 and had to be out of work for 6 weeks so during that time i filed for unemployment.

about a year later i started receiving letters from the dept. of labor saying i owed all that unemployment back. every time i would receive one of those letters i would send in... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s frustrating to be in this situation, especially since you’ve been trying to resolve it over time. If the Department of Labor has ruled that you owe $5,200 for unemployment benefits, it’s important to review their decision carefully. Since you were unaware of the difference between... View More

1 Answer | Asked in Employment Law, Landlord - Tenant and Contracts for Alabama on
Q: Can my landlord/employer access my pay info without consent?

My employer, who is also my landlord, initially offered me 40 hours of work per week and a place to stay for $1,000 per month. Although there is a signed employment contract, our housing arrangement was only documented through text messages, phone calls, and emails. Due to a reduction in work... View More

James L. Arrasmith
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answered on Apr 12, 2025

Employment Privacy and Landlord-Tenant Legal Analysis

Your dual relationship situation creates distinct legal boundaries despite the overlapping roles of your employer and landlord. Regarding payroll information access, most jurisdictions protect employee pay data under privacy laws that...
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1 Answer | Asked in Employment Law, Landlord - Tenant and Contracts for Alabama on
Q: Can my employer-landlord use PTO as rent payment without agreement in AL?

I live and work in Alabama. My employer, who is also my landlord, claims I owe $6,000 in rent. After resigning on March 8th with an effective date of March 28th, I planned to use my 1.5 weeks of saved PTO to cover time till my new job on March 31st. Recently, my job start date was delayed to May... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Alabama, it’s important to understand that verbal agreements, even if supported by text messages, can be tricky to enforce legally. Your employer may not unilaterally decide to use your PTO for rent payment unless you have a written agreement specifically outlining this arrangement. Without... View More

1 Answer | Asked in Employment Law and Contracts for Alabama on
Q: Is it legal for a company to change the payout of already-earned 2024 bonuses due to insufficient earnings?

I work for a company that had a bonus structure for a year-end bonus for 2024. Typically, these bonuses are paid out in the last week of February. We were informed of our bonuses and initially told they would be paid mid-March. However, during an all-hands conference call after the original payout... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s an incredibly frustrating and confusing situation, especially after working hard all year with the understanding that your bonus was earned and scheduled for a specific time. In Alabama, if your employment contract or official bonus plan clearly states how and when bonuses are earned and... View More

1 Answer | Asked in Employment Law and Military Law for Alabama on
Q: Can I sue if a company breaks a promise to hire me after military training?

I was working for a temporary service at a large company and was in the process of being hired permanently. I had to leave for basic military training and was promised my position would be held for me. I even saw the offer letter and the scheduled class for my hiring, which was before I left.... View More

James L. Arrasmith
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answered on Apr 8, 2025

It sounds like you are in a challenging situation. When you leave for military service, there are federal laws, like the Uniformed Services Employment and Reemployment Rights Act (USERRA), that protect your job and employment rights. This law mandates that employers must reinstate employees... View More

1 Answer | Asked in Employment Law, Civil Rights and Health Care Law for Alabama on
Q: Is it legal for a manager to be present during a fitness for duty exam without consent?

I had to take a fitness for duty exam after starting a new job, where my employer did not give me any prior paperwork or details about the exam. I was only informed 20 minutes before the appointment and transported there by the company. During the exam, the doctor asked me to drop my pants in front... View More

James L. Arrasmith
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answered on Mar 24, 2025

You've described a concerning situation that likely crosses several privacy boundaries. In most jurisdictions, medical examinations like fitness for duty evaluations should maintain your privacy and dignity, including appropriate consent procedures before anyone observes intimate parts of an... View More

1 Answer | Asked in Domestic Violence, Civil Rights and Employment Law for Alabama on
Q: How can I address threats from my family and safely move out to join my husband in Illinois?

I'm 20 years old and live with my family, but I often feel unsafe due to threats and previous instances of physical aggression, such as my mother throwing things at me. They regularly demand money from me, and any attempt I make to discuss moving out is met with threats, including involving... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your situation sounds frightening, and you deserve to feel safe. At 20, you're a legal adult with every right to live where you choose, and no one—family included—can legally force you to stay or take your money. The threats and physical aggression you're experiencing are forms of... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Civil Rights for Alabama on
Q: Deformation of character. How do I go about this? And wrongful termination.
James L. Arrasmith
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answered on Jan 27, 2025

If you believe you have experienced defamation of character, start by gathering all evidence of false statements made against you. This can include written or spoken words, social media posts, or anything that has been shared with others. Document how these statements harmed your reputation, caused... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Alabama on
Q: I'm wondering if I have a case against my former employer in Alabama.

Comments and questions were made about my body (part) by a coworker. Instead of communicating with my employer, I spoke with other employees who stated that they've had this problem before and that the owner does not care and will not do anything about it.

I ended up quitting instead... View More

James L. Arrasmith
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answered on Jan 13, 2025

I'm sorry you're going through this situation. In Alabama, employers are generally required to pay all earned wages by the next scheduled payday. Withholding your paycheck without a valid reason might violate state labor laws.

The harassment you experienced could also be...
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