Get free answers to your Employment Law legal questions from lawyers in your area.
case for constructive discharge? and what outcomes with a suit of that sort
Have worked for employer 12+ years, answer directly to partners & manage 2 staff employees, exempt pay status. Recently company decided wanted to make some changes for the company. Wanted me travel to week... View More 
answered on Aug 31, 2017
Based on your facts, you likely have a case. Of course, you really need to contact an employment lawyer directly to review all the specifics of your case (this will also create a confidential and attorney-client protected conversation--which Justia's Q&A does not provide).
Some... View More
I had surgery on my shoulder recently do to the work related injury I was let go or forced to quite plus did not get any compensation for it
answered on Aug 30, 2017
Talk to an employment lawyer about the specifics of your case. Be warned, you will have an uphill battle counter your prior statement that the injury did not occur at work. There is case law that does protect employees who are forced to not report an injury in the workplace for fear of... View More
Me and my fellow coworkers supervisor has been escalating insensitive, malicious actions that have only worsened. The supervisor has mocked my coworkers need for help(may), while have wide changing mood swings that can incite more aggressive vocalization, and mocking body behavior. The actions... View More
answered on Jul 26, 2017
Contact an employment law attorney in your area. The attorney will need to review the totality of the situation before any assessment can be made.
The contract specifies that I cannot work for a competitor until 6mo. after Term ends, or after my last day. thanks.
answered on Jul 21, 2017
The terms of the contract itself should control the effect of a sale on the parties. The general rule is that the change in ownership does not modify the obligations of either party. In other words, the contract is likely still in effect. If you want to be sure, you will need to hire a lawyer to... View More
Hello, I am asking on behalf of my father who worked for a company approximately 5 years ago. He was laid off due to the company selling the division. When he worked there he had a 401K account with an employee match deal. 5 years later (as of yesterday) he discovered that the company made a... View More
answered on Jul 12, 2017
Generally,employers (current or past) are not allowed to "raid" individual retirement plans. However, calculation errors or limited other causes may allow withdrawal. Usually notice is required. A lot depends on the employment and 401K contract. For specific review you will need to pay an... View More
I live in New York and was in an interview in Colorado for police department. During the integrity interview they asked if I would be okay with them looking through my phone and I said I don't think it's relevant and said no and they said they're sorry I failed the interview I was... View More
answered on Jun 26, 2017
You should ask a Colorado attorney that question. Have you traveled to Canada lately? Customs can go through anything, everything, whatever they want. They can read all your correspondence. If customs agents can do that don't you think police will do that even if you were already an officer,... View More
answered on May 10, 2017
Try resubmitting with details of what occurred. This question is too vague to provide an answer.
I requested 6 weeks off, and 4 weeks into my time off, my boss is telling me they couldn't hold the full time job open and offered me a different part time job. Is that legal?
answered on May 1, 2017
Colorado does not have special maternity laws, but there are federal protections via the Family and Medical Leave Act (FMLA). With some very narrow exceptions, a person requesting leave (which generally must be granted) is required to have their same or similar job at the end of the leave. FLMA... View More
He's breaking rules that are in his contract and his contract is up for renewal and we don't want to renew it. He's paid for the time but hasn't signed the new contract.
answered on Apr 25, 2017
Justia's Q&A cannot provide legal advice or review the contract because this would create an attorney-client relationship. You will need to contact (and likely pay) an attorney directly. The attorney can review the contract and provide you with the guidance.
We are not 1099 employees. If the insurance denies the claim we are not paid. There is quite a bit of work (at least an additional 25%) that is not client facing but is essential to the practice such as maintaining documentation, developing treatment plans, communicating with other medical... View More
answered on Apr 10, 2017
This is a direct legal question. Justa's Q&A is not intended to provide specific legal opinions or advice because this would create an attorney-client relationship. You will need to contact an employment law attorney directly.
Basically my manager is on the clock while he sits outside the store on a swing chair with multiple women. He is a married man and I just find this behavior very creepy and uncomfortable. He spends more time outside the store flirting with these women than actually working.
answered on Apr 9, 2017
Sexual harassment is contingent on upon you receiving the harassment. That is, sexual harassment does not generally occur when others are harassed. There are a few common law holdovers that allow emotional distress to related parties (which is also contingent on physical harm to a related party),... View More
A contractor has missed two days of services this week due to claimed medical issues. This would breach the contract, however, I haven't decided whether to terminate the contract.
answered on Apr 6, 2017
You will have to contact a lawyer directly for a full evaluation of the employment contract and the claimed breach.
The rules for independent contractors are slightly different that those of regular salaried employees, so requesting medical documentation is arguably showing signs of... View More
You have to take a lunch I'm in Colorado
answered on Apr 6, 2017
This question repeats itself (I suspect because something was cut off). You may want to resubmit your question. It is correct that under Colorado law, a minimum 30 minute lunch break (unpaid) is required for most employees working more than 5 hours.
Boarding is often the most stressful and complicated part of the job. During boarding they are pressured to get flight out on time, if they fail to do this they can get written up. They have do a beverage service for first class, and do safety and security checks. They have to help passengers with... View More
answered on Mar 30, 2017
It sounds odd to me, but it is partly defined by the scope of the employment contract. While Colorado does have basic employment protections, there are many exceptions and case-specific determinations which can change outcome. In other words, you will need to contact an employment lawyer directly... View More
answered on Mar 30, 2017
A lawyer will need to review the specifics of what "therapy" is being provided. As a general rule, certain types of assistance with finding employment does not require licensing in Colorado. If you are referring to VA work, full compliance with state and federal rules usually required.... View More
He can do some of the job but not all. He was hurt using a ladder that he was expressly told not to. He may be permanently injured in his foot. But we hired him to manage warehouse and drive deliveries. He cannot drive our truck and can not do all of the warehouse work now.
answered on Mar 30, 2017
Justia's Q&A is not designed to provide legal opinions or advice because this would create an attorney-client relationship. You will need to contact an employment or business lawyer directly.
I'm the property manager of a local motel. My wife& I were hired as a team,only she was terminated after the owner found out that wife had filed a complaint with the U.S. D.O.L. &found owner in violation and an assessment was made for collection of back wages. That 9 months ago. New... View More
answered on Mar 29, 2017
This is a direct legal question. Justa's Q&A is not intended to provide specific legal opinions or advice because this would create an attorney-client relationship. You will need to contact an attorney directly.
As a general rule probation officers have limited powers related to... View More
I've worked for this company for one month now at $20hr and I've never been able to take a lunch break. But they take 30 minutes every 5 hours I work
answered on Mar 15, 2017
You will need to discuss this with an employment attorney privately.
I work a set number of hours as a sushi chef in a grocery store
answered on Mar 13, 2017
The 1099 basically means that you are not an employee (who receive payments via a W-2), but an independent contractor. The status really relates on whether the employer needs to pay unemployment, workman's comp, and tax withholding (1099 employees place no requirements on their employers). The... View More
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