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District of Columbia Employment Law Questions & Answers

1 Answer | Asked in Employment Law, Elder Law and Employment Discrimination for District of Columbia on

Q: Coworker is making childish remarks and you say "your almost 70 yrs old and acting like a child."

Is one remark consider age discrimination or does it have to be a pattern of behavior?

Andrellos Mitchell answered on Aug 6, 2019

Well, it depends on what the policy is at your workplace. Generally speaking, I would say that actual... Read more »

1 Answer | Asked in Business Law and Employment Law for District of Columbia on

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

My new employer (there's only 2 of us in the company so far) has suggested I form an LLC so he can pay me through that instead of giving me a check each pay day like a normal employee would. He says the point of doing it this way is so I'll be taxed less and get to keep more of my money. However,... Read more »

Andrellos Mitchell answered on Oct 22, 2018

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.

1 Answer | Asked in Contracts and Employment Law for District of Columbia on

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

I recently interviewed with a company in Tyson's and looked through the sign on contract. In this offer letter there is a clause that states if I leave or am terminated before 18 months I owe them $6000. I do not receive a signing bonus or money up front. This seems very weird to me and I am... Read more »

Mark Oakley answered on Apr 16, 2018

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... Read more »

2 Answers | Asked in Employment Law for District of Columbia on

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

she wants us to pay $10000 for it.

However, there was an agreement on the amount of her wage because our employee wanted the paycheck in cash. We do have the recording of it, and I just wanted to know if there is anything we could do in defense.

Jonathan C. Puth answered on Dec 22, 2017

An employer may not get out of legal requirements to pay minimum wage and overtime by agreement with employees.

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1 Answer | Asked in Civil Litigation and Employment Law for District of Columbia on

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?

My former employer refuses to pay me for the time. The handbook says that any unused vacation time is paid on your final check. I informed him that I did not receive it on my last check. He sent me a letter stating that he's not paying me for the vacation time because I was terminated. The employee... Read more »

June Marie Marshall answered on Sep 22, 2017

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.

1 Answer | Asked in Employment Law for District of Columbia on

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

Please explain what you were working on

How much time did you spend on each item

This supervisor has approved and signed off on the time sheets.

Ali Shahrestani, Esq. answered on May 24, 2017

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... Read more »

1 Answer | Asked in Employment Law for District of Columbia on

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

I forgo a signing bonus and a portion of my vested 401K if I leave my place of employment before 1 year. My start date was 13 April 2016. I want to give notice asap and leave April 14 2017. If I give notice before 13 April 2017, does that leave me open to the company asking me to leave before 13... Read more »

Ali Shahrestani, Esq. answered on Mar 30, 2017

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/... Read more »

1 Answer | Asked in Employment Law for District of Columbia on

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

My promotion was approved verbally by manager and executive of HR but never executed

Ali Shahrestani, Esq. answered on Mar 22, 2017

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... Read more »

1 Answer | Asked in Employment Law and Small Claims for District of Columbia on

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?

During my employment at a Hotel, I was asked by the General Manager of the location if my voice could be used for the answering service for the hotel. I agreed, and my voice was recorded and used. Some months later, I was let go. It has now been months from that time, and my voice recording is... Read more »

Ali Shahrestani, Esq. answered on Feb 28, 2017

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... Read more »

1 Answer | Asked in Employment Law for District of Columbia on

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

I had work and turnin my Paystub on time but my employer had refused to pay me saying that since the campaign no longer wants to work with me I have to sign a a ducment stating that am been terminated for neglect or they will not pay me for services already provided.Can they do that?

Ali Shahrestani, Esq. answered on Jan 18, 2017

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...
Read more »

1 Answer | Asked in Contracts and Employment Law for District of Columbia on

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

The relevant clause is this: "7. EXCLUSIVITY. During the term of this Agreement, Employee will devote his/her full-time to providing services exclusively as directed by Employer and shall not perform services for others."

The choice-of-law provision puts it in PA (however in case it matters... Read more »

Glenn B. Manishin answered on Dec 30, 2016

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... Read more »

1 Answer | Asked in Employment Law for District of Columbia on

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

Made me keep drinking water and walk with then til i used rest room i been there 6 years never wrote up and was treated so bad in front of everyone then the boss told other people what was going on thats breaking heppa can they do this and the stuff they was looking for i had none in my system buti... Read more »

Ali Shahrestani, Esq. answered on Dec 15, 2016

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.... Read more »

1 Answer | Asked in Employment Law for District of Columbia on

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

when I ask for proof on the policy they never can show me proof. Can I sue them for that ?

Ali Shahrestani, Esq. answered on Dec 7, 2016

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,... Read more »

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