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Employment Law Questions & Answers
2 Answers | Asked in Employment Law and Civil Rights for Florida on
Q: Can you be furloughed if you are on fmla like me?Of 4 managers in my department, I was the only one furloughed.

I am on approved intermittent fmla from my company ( a large publicly traded one) to take care of my elderly mother. I would come in to work about 2 hrs later than regular start time daily to care for my 94 yr old mom before her caregiver arrived. We had been working from home for 2 weeks due to... Read more »

Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on Apr 8, 2020

You can be furloughed if you are on FMLA leave, but you cannot be furloughed because you are on FMLA leave. There are a number of other potential issues raised by your message too complex to be addressed in an on-line response. Contact an employment attorney.

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1 Answer | Asked in Employment Law for Pennsylvania on
Q: Is my employees allowed to not pay me for vacation/PTO days earned, if they laid me off?

I was laid off due to covid- 19 and my employer wants to not pay me for PTO time earned

Rhiannon Herbert
Rhiannon Herbert answered on Apr 8, 2020

If your employer has an employee handbook, then you should consult the handbook to see if there are any provisions that govern whether you are entitled to your accrued but unused PTO at the time of termination.

1 Answer | Asked in Employment Law for Minnesota on
Q: Forced to use vacation time or no pay

While at work we were sent home early because our work system was compromised and we were told we would not be working the following day as well and we would have to either use vacation time or not get paid I was wondering if that is something they are allowed to do or are they suppose to be... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Apr 8, 2020

Under the Fair Labor Standards Act, employers are only required to pay their employees for time worked. While most employers offer some form of paid time off as well, this is not required. In this situation, since you haven't performed any work on these days, the FLSA does not require that you be... Read more »

1 Answer | Asked in Business Formation, Business Law, Contracts and Employment Law for Minnesota on
Q: I’m in the pre-startup phase of forming my company and I’m looking for employees to “hire“.

My question with this is can someone legally “hire” for work under the title employee without ever expecting or receiving compensation from their employer. And can NDA be introduced in those working terms?

Carrie Dyer
Carrie Dyer answered on Apr 8, 2020

If you hire an employee, you will need to comply with the federal and state wage and hour laws with regard to compensating that employee. You should consult an employment law attorney in your area for advice.

1 Answer | Asked in Employment Law for Texas on
Q: What qualifies as religious discrimination

My employer says i can take Easter off, but I'm doing so I'll accrue a recorded penalty as well as docket pay for the entire 2 week pay period.

Greg Mansell
Greg Mansell answered on Apr 8, 2020

The law requires an employer or other covered entity to reasonably accommodate an employee's religious beliefs or practices, unless doing so would cause more than a minimal burden on the operations of the employer's business. This means an employer may be required to make reasonable adjustments to... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Oklahoma on
Q: I was layed off work at no fault of my own on 3/12/2020.

My company provided vehicle was never returned/picked up by said company. I was also never paid a promised bonus of $4500. I have not been utilizing said vehicle in any way. It is parked at my house sitting since termination. I told my former manager I would gladly return the vehicle once I was... Read more »

Carrie Dyer
Carrie Dyer answered on Apr 8, 2020

You should return the vehicle immediately, then contact an employment attorney in your area to discuss a claim for recovery of the unpaid bonus.

2 Answers | Asked in Employment Law for Texas on
Q: Not getting paid for full shift

My daughter works in fast food and her hours have been cut. She was scheduled to work a 3 hour shift but was told by management if there were no customers she had to punch out and punch back in when one arrived, thus not getting paid for the full 3 hour shift. She had to sit at a table in the... Read more »

Carrie Dyer
Carrie Dyer answered on Apr 8, 2020

Your daughter may have a claim under the Fair Labor Standards Act. Whether this type of "waiting time" is compensable time depends on the particular circumstances. When an employee is "engaged to wait," the time spent waiting must be paid. If an employee is "waiting to be engaged," this is not... Read more »

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1 Answer | Asked in Employment Law and Tax Law for Michigan on
Q: My girlfriend's job was shut down temporarily due to coronavirus in Michigan. She got denied unemployment.

She's a part time worker and got denied unemployment benefits because her wages for her highest quarter were just over $3,200 and she needed just over $3,700 to qualify. However, that number from her employer didn't include the tips she received. In order to have reached the $3,700 number with her... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 8, 2020

I'm sorry for your situation. Your girlfriend may appeal that unemployment agency decision, but unfortunately, that may be a longshot. You are spot-on about the wage issue. And money from extra jobs won't matter. It's the money from the employer you are seeking unemployment from that matters.

1 Answer | Asked in Employment Law, Admiralty / Maritime and Arbitration / Mediation Law for Hawaii on
Q: I have a situation with a union that requires me to fly out to another State to their medical facility for a physical.

If I don’t the Union will not “clear” me to work. Amid the Covid-19 outbreak I have asked if the Union has designated “local” areas in my Home State where we can complete annual physicals while reducing the risk of spreading or contracting COVID-19. Their answer was no, and that there... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 7, 2020

The maritime unions are dealing with some extraordinary measures in light of this virus, particularly for vessels operating in the Pacific. There have been newly implemented measures involving restriction of crews to vessels, cessation of crew rotations, etc. Given the current atmosphere, unions... Read more »

1 Answer | Asked in Employment Law for California on
Q: Does AB5 apply to me if I was hired to do a job in FL, but spent weeks preparing for the job in CA?

I recently contacted the DOL to file a wage claim, but was told they could not help as I was working as an independent contractor. I am curious whether I can report the employer for an AB5 violation.

I was hired to perform with an orchestra in Florida in early February. One of the contract... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 7, 2020

AB 5 will apply to any time you performed work while in the State of California.

Whether you would be considered an employee vs. independent contractor under AB5 is unclear. It is also unclear whether the time you spent practicing your craft would be compensible time. More would need to...
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2 Answers | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Am I allowed to collect unemployment if my doctor took me off of work due to my weak immune system with the coronavirus

Am I allowed to collect unemployment if my doctor took me off of work due to my weak immune system with the coronavirus going on.

Brent T. Geers
Brent T. Geers answered on Apr 7, 2020

Unemployment is a different benefit system than what FMLA may offer or protect. You may have some FMLA protections, but that doesn't equate to unemployment coverage.

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2 Answers | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Am I allowed to collect unemployment if my doctor took me off of work due to my weak immune system with the coronavirus

Am I allowed to collect unemployment if my doctor took me off of work due to my weak immune system with the coronavirus going on.

Greg Mansell
Greg Mansell answered on Apr 8, 2020

You are not unemployed so you would not qualify for unemployment. The Family First Coronavirus Response Act provides for paid sick leave and paid medical leave for employers with less than 500 employees.

Generally, the Act provides that covered employers must provide to all employees:...
Read more »

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1 Answer | Asked in Employment Law for Michigan on
Q: Hello . I work for Henry Ford Health system ( Optimeyes) which is a optical devision of them. I am a Optican. We are cur

Currently closed due to Covid. They are trying to force me to drive to Detriot ( a hour away) to work in a hospital . were I am not trained or comfortable doing. They are telling if I refuse they will not give me Covid pay or unemployment and fire me. I have worked for this company for 14 years.... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 7, 2020

You're in a tough situation. Of course you can refuse, but that may leave you finding new employment. Unless they are asking you to do anything illegal, unethical, or immoral, then your refusal to work is tantamount to you quitting.

1 Answer | Asked in Employment Law for New York on
Q: Terminated & received 3 extra wks pay, employer demanding repay, but i lost 3 wks of unemploy benefits > than overpay
V. Jonas Urba
V. Jonas Urba answered on Apr 7, 2020

If your unemployment is related to COVID-19 you should eventually receive benefits from the day you lost your job. The new unemployment laws are being amended almost daily. Almost everyone now qualifies for some type of unemployment unless they receive paid leave or can work from home and get paid.... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Ohio on
Q: Am I able to sue my employer?

My employer texted me telling me that I need to keep my “damn” mouth shut about my pay (he has an open pay policy everyone knows about). He also said he’ll sleep just fine at night if my ungrateful attitude is gone forever. He told me that he would terminate me, “because in Ohio I don’t... Read more »

James J. Hux
James J. Hux answered on Apr 6, 2020

This could be considered retaliation, but you need to talk to an employment attorney in more detail. Some will offer free initial consultations.

Attorney James J Hux

Hux Law Firm LLC

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1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Can my employer refuse to allow my return to work until he sees my medical test results (i.e. flu test, strep test, etc)

I was sick and out of work for two weeks. I have a doctor’s note, which says I was seen and I needed to be out of work from such and such dates. It says that I will be able to return to work on the 9th. My boss/HR is refusing to accept my note because they want proof of what tests were preformed... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 6, 2020

Yes. Unless you have a contract, Tennessee is an employment at will State.

1 Answer | Asked in Employment Law for Florida on
Q: My company gave me a choice to work or stay home, can I collect unemployment. Are state is in a stay at home order
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 6, 2020

The stay at home “order” does not mean you get to go home and get paid. Your employer will explain this to you if you ask. And depending on several facts you may or may not be able to get unemployment benefits.

1 Answer | Asked in Employment Law for Ohio on
Q: I am a part-time OT working in a SNF in Ohio. I have 6y of exemplary work history with the same company. I am also

currently a full-time graduate student. My sons school closed and my child care provider is closed. I requested 2 weeks leave to care for my son and find alternative childcare. There are other OTs available to cover my caseload until I can return. My employer threatened to report me to state for... Read more »

Neil Klingshirn
Neil Klingshirn answered on Apr 6, 2020

Under the new Paid Sick Leave Act and Emergency Paid Family and Medical Leave Act you should be eligible for paid time off to care for your son while his school is closed and no caregiver is available. Your employer can pay for the paid leave with a tax credit. In addition, your employer cannot... Read more »

2 Answers | Asked in Workers' Compensation and Employment Law for California on
Q: Can my job agency. Paid me to leave a job site

I work tru a job agency and its the second client i have reported for their abusive rude discriminatory behavior.. The 1st client the eeoc is gona put charges on their client... The Agency sends me to another client in which everything was fine tge client offers a hire position after 90 days or... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 5, 2020

The answer to your question depends on the type of harassment you experienced. Being insulted, sabotaged, put down and otherwise harassed at work is not unlawful unless you can prove the motivation for that conduct is your membership in a protected class of people or because you engaged in legally... Read more »

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