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Employment Law Questions & Answers
1 Answer | Asked in Consumer Law, Small Claims, Employment Law and Immigration Law for Texas on
Q: What should I file my case as besides a debt claim, if able?

As an illegal immigrant - I was allowed to work at a company in which they paid me $4,000 as a check. I went to the bank and they said it was fake. I contacted my employer and he's given me death threats and threats on calling immigration on me. He denied giving me a fake check and has done... Read more »

Min Hwan Ahn
Min Hwan Ahn
answered on Feb 4, 2023

If you have received a fake check and have evidence of the work you performed, it is important to take legal action to protect your rights. However, as an illegal immigrant, you may face additional challenges in seeking legal remedies.

You should contact the Department of Labor to report...
Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: What can I do about what my employer did to me?

I was employed by a security company (unarmed and hands off) for 5 months. I had to go on medical leave because of my mental disabilities and alcoholism. I know I haven't worked the 12 months to qualify for FMLA but when I went on medical leave, my boss called and said they cannot keep someone... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Feb 3, 2023

It is unlawful to terminate an employee due to his disability. While more facts need to be known, you likely may have a meritorious claim for disability discrimination.

I suggest you consult an employment law attorney who will further examine your situation and explain your options. Most...
Read more »

1 Answer | Asked in Employment Law for California on
Q: What do you do if your former employer tries to pay you after receiving a notice of wage claim hearing?

My former employer received a notice of wage claim hearing with all the penalties he owes and ran a payroll run to pay me via direct deposit. He didn't even pay me the correct amount owed and didn't provide a paycheck stub so I could verify the amount of the missing week of pay and the... Read more »

Brad S Kane
Brad S Kane
answered on Feb 3, 2023

The payment should be credited against your total claim, including penalties. It should not result in a "cancellation" of your claim.

2 Answers | Asked in Employment Law for California on
Q: My employer has been taking $10 off of every paycheck I've received in the last 6 years for a "free wellness center" x?

My employer says we have a "free wellness center" for all employees, but takes $10 from every paycheck I've received for the last 6 years. Is this legal? Ive never used this "free wellness center" so why do I have to pay for something I don't use? I never signed... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Feb 2, 2023

It is unlawful for an employer to deduct any money from a paycheck other than regular payroll taxes unless you have authorized those deductions in writing (such as repayment of loans, overpayment, insurance premiums, etc.)

I suggest you consult an employment law attorney who will further...
Read more »

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1 Answer | Asked in Construction Law and Employment Law for California on
Q: After how many consecutive days of no work, can you determine a contractor has abandoned the job?

California contractor walked out of job claiming he needed payment, and has not returned for 60 days. Job approximately 90% complete and payment of 80% made. However, many errors on project (ie. contractor painted schluter as wrong color installed, 4" vs 6" backsplashed installed,... Read more »

Adam Stoddard
Adam Stoddard
answered on Feb 2, 2023

You may want to get an attorney involved. Often times I have found that simply having an attorney send a demand letter to the contractor, that motivates the contractor to complete the project in a timely manner. I am representing two homeowners right now with a similar set of facts. As soon as I... Read more »

1 Answer | Asked in Contracts, Employment Law and Arbitration / Mediation Law for California on
Q: Can I sue a freelancer on upwork or just upwork?

Going through arbitration on Upwork for work not delivered by a freelancer. Just wondering, if the arbitration team decides to take the side of the freelancer - can I sue? Since that's supposed to be the final decision. I don't know the decision yet but I have substantiative proof that... Read more »

Neil Pedersen
Neil Pedersen
answered on Feb 2, 2023

No one can advise you about whether you can appeal the arbitration decision or otherwise sue without looking at the contract. However the best that can be done is say that usually arbitration agreements preclude any other form of legal action, and even appealing an arbitration award is very... Read more »

2 Answers | Asked in Employment Law and Contracts for Illinois on
Q: Signed non-compete in IL, that I must give 10-day notice & name of my next employer before quitting. Do I have to do so?

I signed a con-compete in Illinois that reads "If for any reason I decide to voluntarily resign from the Company, I acknowledge that the Company requests that I provide at least 10 business days written notice of my intent to leave, the date I want to leave, and (as soon as I know it) the name... Read more »

Bryan R. Bagdady
Bryan R. Bagdady
answered on Feb 2, 2023

Your question is missing some important information. Having said that, non-competes are not enforceable in Illinois unless they are reasonable under the circumstances. I do not believe that an Illinois court would find the requirement to disclose a new employer as being unreasonable. I suspect that... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I believe I am a victim of retaliation by my supervisor at work

The supervisor at my work told the foreman to only call me over the radio and not to call any of the other workers in efforts to make it sound like I am unreachable. My radio had a bad connection so it works on and off threw out the day

Maya L. Serkova
Maya L. Serkova
answered on Jan 31, 2023

More information needs to be known in order to advise if you have a meritorious legal claim or not. Keep in mind, however, that not all forms of retaliation are actionable. Retaliation is unlawful only if the act that caused the retaliation is considered to be legally protected conduct. Most forms... Read more »

1 Answer | Asked in Employment Law for Georgia on
Q: How do I go about getting some terms clarified in a separation agreement from my previous employer? I was recently fired

There are terms in the agreement that are vague. For future employment, terms like affiliates and related entities in the future concern me. My previous employer is a company that takes referrals from other doctors. I'm concerned that if I sign it, I won't be able to find another job in... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 31, 2023

If you have questions or concerns about signing the agreement you've been given, then you should contact a Georgia employment attorney to review your contract and discuss the circumstances of your separation. It's important to understand your rights and responsibilities prior to deciding... Read more »

1 Answer | Asked in Employment Law for Washington on
Q: Can my employer make me shorten my regular hours to accommodate working the weekend to avoid paying me overtime?

My normal work schedule is Monday through Friday. Occasionally we do expos and shows that require us to work over the weekend. Normally we would be able to work our regular 80 hours and anything that we worked over the weekend would be considered overtime. This time, we were asked to shorten our... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 31, 2023

Yes, there are no laws that require employers to offer any particular amount of hours or overtime. As long as you're paid overtime for any hours over 40 per workweek that you do work, your employer can reduce your hours to avoid employees accruing overtime hours.

2 Answers | Asked in Contracts and Employment Law for California on
Q: Contract states that I have to pay back relocation if I "leave" within 12 months. Does this apply to getting fired?

This is the sentence referring to my relocation fee is this:

"You will receive a $***** relocation bonus. In the event that you leave <Company> within 12 months of your hire date, you will be responsible for reimbursing the company for the entire bonus."

The... Read more »

Neil Pedersen
Neil Pedersen
answered on Jan 30, 2023

Contract interpretation is not as simple as you might think. Attorneys learn from early on that contract interpretation cannot be done in a vacuum. Not only should the entire contract be read and understood - not just a single provision - but the circumstances of the making of the agreement... Read more »

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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for California on
Q: I want to start a band and I was wondering if bars would have to hire me sue to discrimination?

A lot of people in my experience don’t want to hire me for anything at all and I’ve also seen some horrible bands play, others just have a stage going to waste. I really would be a musician if I can get hired. Your thoughts on how to get hired por favor?

Neil Pedersen
Neil Pedersen
answered on Jan 30, 2023

Being treated differently from others is discrimination, but that discrimination only becomes unlawful if the reason for the difference in treatment is your membership in a protected class of people, such as your race, national origin, religion, etc. Suing a bar because it does not hire you would... Read more »

1 Answer | Asked in Employment Law and Construction Law for Nevada on
Q: I worked for a property owner as a maintenance/handyman and had tools stolen off one of her properties. She

She had a caretaker/security person living on the property and was aware of the tools being on the property. I do have a copy of the police report in my possession. Who is financially responsible, other than the thief, for the stolen tools? I live in Nevada. We did not have a signed working... Read more »

John Michael Frick
John Michael Frick
answered on Jan 30, 2023

Other than the thief, the tools may be covered by the tool owner’s insurance policy. It is not uncommon for individuals who use tools in their occupation to insure those tools against theft.

1 Answer | Asked in Employment Law for Missouri on
Q: Can I demand my last check at time of termination?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 27, 2023

You may demand it. Missouri Revised Statutes Section 290.110 provides the procedure for formally demanding it and the potential liability of the employer who failse to comply.

1 Answer | Asked in Employment Law for Alabama on
Q: What can I do about being fired from a job without any reason whatsoever

If I just got fired from a job without any reason or warning or anything what kind of legal actions could I take

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Jan 26, 2023

I'm sorry to hear about your experience. Assuming you are not a member of a Union, you are likely an at will employee. As such, you are provided very few rights under Alabama law. An at will employee may be terminated for good reason, bad reason or no reason at all. Exceptions primarily... Read more »

1 Answer | Asked in Employment Law, Criminal Law and Health Care Law for Indiana on
Q: If a licensed therapist who owns the practice is arrested, what legal/employment implications are there for employees?

The owner of the company I work for has not been an active employee for over a year and may or may not still be a part-owner of the company itself. The current management is keeping things pretty close to the vest. The individual was arrested for drug-related charges and I am wondering what legal... Read more »

James A Hanson
James A Hanson
answered on Jan 26, 2023

In terms of criminal liability, you only have to worry about your own personal behavior. The allegedly criminal acts of an employer, acting as an individual, does not apply to you. If the business entity is accused of criminal acts (e.g. fraud) then the entity itself is in trouble and any of the... Read more »

1 Answer | Asked in Employment Law for California on
Q: Im a housekeeper at a independent senior living company and a resident sold me her car on payments.she has passed and my

Boss is still trying to collect the money can she do that?

Neil Pedersen
Neil Pedersen
answered on Jan 25, 2023

The answer to your question depends on many facts not included in your post. An attorney would have to be allowed to understand the precise terms of the agreement including what payment terms had been negotiated.

Good luck to you.

1 Answer | Asked in Employment Law for California on
Q: My company is a large international firm with 25k employees and many in Cal. Not knowing the law shouldn't be an excuse.

They still have not paid my bonus. During my last bonus cycle in the Fall, they removed money for something that was not part of my metrics. They also deducted money from my final checks for my fleet vehicle, which they had already picked up. In addition, today, January 25th, I still have not... Read more »

Neil Pedersen
Neil Pedersen
answered on Jan 25, 2023

I agree not knowing the law should not be an excuse. Nonetheless, you will have the burden to prove the withholding the final paycheck was willful.

Whether or not you are entitled to a bonus will require review of any documents setting forth the terms of the bonus plan.

To attempt...
Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I am in California and my employer took 2 weeks to pay my final check and has yet to pay my bonus three weeks later.

I work in California and my employer is headquarted in North Carolina. They did not give my final pay upon termination, but ran it through their next scheduled pay period, making it late. My last day was December 31, they terminated my whole team. I recieved my final pay January 13. They still have... Read more »

Neil Pedersen
Neil Pedersen
answered on Jan 25, 2023

If you worked for a non-governmental employer, your employer was legally required to pay all earned wages on the day you were terminated. Because this company is not based in California it likely is not aware of the very protective laws for employees here. Nonetheless, if you can prove that the... Read more »

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1 Answer | Asked in Employment Law for California on
Q: A lawyer that can sue school district for wrongful termination
Neil Pedersen
Neil Pedersen
answered on Jan 25, 2023

You are looking for an employment law attorney. Unfortunately, this site is not a place to solicit attorneys to work for you. You are going to have to find one or more attorneys in that practice area and inquire as to their interest in taking your case. At this point it would therefore be... Read more »

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