District of Columbia Employment Law Questions & Answers

Q: Should I make an LLC and get paid through that, or just receive a W-2 like every other employee?

1 Answer | Asked in Business Law and Employment Law for District of Columbia on
Answered on Oct 22, 2018
Andrellos Mitchell's answer
It sounds like a dumb idea. You are taxed as a sole proprietor, which for tax purposes means you are taxed as an individual. The LLC is more about putting a veil between you and the company to protect your assets in the event the company is sued.

Q: If I leave beofre 18 months I owe 6K. Is this legal?

1 Answer | Asked in Contracts and Employment Law for District of Columbia on
Answered on Apr 16, 2018
Mark Oakley's answer
Usually these types of clauses are tied to educational or training expenses, or paying for professional licenses or certificates, that the employer incurs. The repayment is tied to reimbursement for a valuable benefit provided to the employee who may take the training or professional license and then just leave for another job with another employer. This type of repayment is usually a valid and enforceable contract provision. If it is not tied to any training or professional expense, then it...

Q: Hello, I am a deli owner and one of my employee sued me for minimum wage and overtime.

2 Answers | Asked in Employment Law for District of Columbia on
Answered on Dec 22, 2017
Jonathan C. Puth's answer
An employer may not get out of legal requirements to pay minimum wage and overtime by agreement with employees.

Q: I was fired in DC on 8/28/17 I had 98 hrs of vacation time. How can I receive compensation my accrued vacation time?

1 Answer | Asked in Civil Litigation and Employment Law for District of Columbia on
Answered on Sep 22, 2017
June Marie Marshall's answer
You can file a claim with the Washington DC Office of Wage and Hour Compliance. The website is https://does.dc.gov/service/office-wage-hour-compliance.

Q: The supervisor has asked me to account for 33 days from a year ago. Is this legal?

1 Answer | Asked in Employment Law for District of Columbia on
Answered on May 24, 2017
Ali Shahrestani, Esq.'s answer
Is that a problem? Do you not have records? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...

Q: I want to give notice before my 1 year mark, will I risk losing benefits?

1 Answer | Asked in Employment Law for District of Columbia on
Answered on Mar 30, 2017
Ali Shahrestani, Esq.'s answer
Why not be caution and wait until the year passes? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does...

Q: What is the time for bringing action to employers for promotions that were never executed?

1 Answer | Asked in Employment Law for District of Columbia on
Answered on Mar 22, 2017
Ali Shahrestani, Esq.'s answer
I don't see a legal wrong here. Perhaps they changed their mind. I don't hear any legal obligation to promote you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...

Q: Do I have a legal claim against my previous employer for continued usage of my voice on a recording after I was let go?

1 Answer | Asked in Employment Law and Small Claims for District of Columbia on
Answered on Feb 28, 2017
Ali Shahrestani, Esq.'s answer
It sounds like you gave the hotel the right to use your voice, so I don't hear a claim for violation of publicity rights. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...

Q: Can my employer with hold my paycheck for service already provided

1 Answer | Asked in Employment Law for District of Columbia on
Answered on Jan 18, 2017
Ali Shahrestani, Esq.'s answer
They have to pay you for services performed. They cannot withhold your payment to pressure you to sign an unrelated document. You can file a wage claim.

See: https://does.dc.gov/page/how-file-claim

The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Q: Does my contract of employment preclude me from having another part-time job?

1 Answer | Asked in Contracts and Employment Law for District of Columbia on
Answered on Dec 30, 2016
Glenn B. Manishin's answer
The choice of governing law is not particularly relevant because, to the best of my knowledge, neither PA nor DC/MD/VA have laws overriding exclusive employment agreements. The provision you quote is plain and precludes you from taking on a part-time job. On the other hand, all states follow the common law rule that personal services cannot be compelled, meaning that accepting the part-time job would be a breach, justifying termination, but accepting a full time job would not result in a court...

Q: My nephew got mad called my job and lied they came to my floor and to got me searched my stuff drug tested me

1 Answer | Asked in Employment Law for District of Columbia on
Answered on Dec 15, 2016
Ali Shahrestani, Esq.'s answer
You may have a case for defamation against your nephew. As for the way your employer treated you, it doesn't sound like a HIPPA violation. You should have a lawyer review your employment contract and related documents to determine if you've submitted to drug testing as a condition of employment. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or...

Q: I was fired from work and the reason they give me is I violated company policy. When I ask for proof of the policy

1 Answer | Asked in Employment Law for District of Columbia on
Answered on Dec 7, 2016
Ali Shahrestani, Esq.'s answer
It depends on whether you have an employment contract that requires explicit "good cause" for termination, or whether you're an "at will" employee as are most workers (meaning "no cause" termination is valid, so long as there's no other violation of the law in the termination, e.g., discrimination, retaliatory termination, etc.). The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice...

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