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Employment Law Questions & Answers
Q: Boss lied about me driving for him to a future employer what can I do?
Derek John Soltis' answer
You will want to speak to an attorney to go over all of the facts of what happened and how the lie has hurt you. Your question does not have much information, and you may not want to share your details in a public forum.
You will want to speak to an attorney to go over all of the facts of what happened and how the lie has hurt you. Your question does not have much information, and you may not want to share your details in a public forum.
Q: What does group plan terminated due to termination of employment mean as far as my job goes
S. Michael Graham's answer
Your employer probably pays group health premiums on your behalf and you also pay a portion. The same is probably true with your life insurance. If you aren't working, then they will not continue to make payments on your behalf until you return. They will and can legally cancel your private health. You can continue to make the payments on your own if you want to keep the health insurance under COBRA which lasts for 18 months. After that period runs out, you will be on your own. This will not...
Your employer probably pays group health premiums on your behalf and you also pay a portion. The same is probably true with your life insurance. If you aren't working, then they will not continue to make payments on your behalf until you return. They will and can legally cancel your private health. You can continue to make the payments on your own if you want to keep the health insurance under COBRA which lasts for 18 months. After that period runs out, you will be on your own. This will not...
Q: Can an employer force resignation or fire an employee after FMLA has been extinguished in the State of Florida?
Alberto Naranjo Jr.'s answer
This is a very close call and depends on several factors. Contact an attorney to discuss. There is some chance that she can request more time.
This is a very close call and depends on several factors. Contact an attorney to discuss. There is some chance that she can request more time.
Q: termination vs resignation - what can the background check reveal?
V. Jonas Urba's answer
Don't try to get fired but don't quit.
Positives of being fired. You should receive unemployment unless you quit or tried to get fired (did something you should have known would get you fired). You will not be a quitter. You will be able to say I wanted to stay but it was not a good fit.
If you quit what will you say with no job lined up? Employers usually say employee earned x figures, worked these dates, and held x position. If they say more and you lose $ and prove what they...
Don't try to get fired but don't quit.
Positives of being fired. You should receive unemployment unless you quit or tried to get fired (did something you should have known would get you fired). You will not be a quitter. You will be able to say I wanted to stay but it was not a good fit.
If you quit what will you say with no job lined up? Employers usually say employee earned x figures, worked these dates, and held x position. If they say more and you lose $ and prove what they...
Q: I am an American wanting to work in Canada but I do not want to lose my citizenship. Will I lose it if I accept a job?
Hector E. Quiroga's answer
You can lose your citizenship if you swear allegiance to another country. Perhaps you don’t need to be a citizen of Canada, however, just their equivalent of a permanent resident.
You can lose your citizenship if you swear allegiance to another country. Perhaps you don’t need to be a citizen of Canada, however, just their equivalent of a permanent resident.
Q: Can a previous employer contact a current employer for no other reason other than to advise I left their place
Jonathan R. Roth's answer
Unless your current employer contacted them, they are not allowed to call your current employer. More importantly, depending upon what they said they may have opened themselves to law suit under several statutes.
Unless your current employer contacted them, they are not allowed to call your current employer. More importantly, depending upon what they said they may have opened themselves to law suit under several statutes.
Q: If my job contract stipulates a leave of notice period, what are the legal consequences of not serving it?
Barry Eran Janay's answer
Without seeing your agreement and ancillary employment docs (company handbook, etc.) I couldn't say for certain, but it appears that they can sue you if you violate the notice period, but they probably won't. Also, the damages they would be seeking would be at most the amount you would have been paid and you can oppose that by showing they failed to mitigate the damages. I would recommend that you engage an employment attorney to consult with during this exit. I routinely handle similar...
Without seeing your agreement and ancillary employment docs (company handbook, etc.) I couldn't say for certain, but it appears that they can sue you if you violate the notice period, but they probably won't. Also, the damages they would be seeking would be at most the amount you would have been paid and you can oppose that by showing they failed to mitigate the damages. I would recommend that you engage an employment attorney to consult with during this exit. I routinely handle similar...
Q: I received a notice from superior court that a previous employer is suing me, How do I respond back to defend myself.
Leonard R. Boyer's answer
You can't hope to handle this on your own. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. However, if you do not retain counsel, and the opposing party does have counsel, you will could get slaughtered (figuratively speaking). Pick the best lawyer you can find and...
You can't hope to handle this on your own. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. However, if you do not retain counsel, and the opposing party does have counsel, you will could get slaughtered (figuratively speaking). Pick the best lawyer you can find and...
Q: Must I apply for Workers compensation Insurance if I own Corporation in NY and I am only employee in the company?
2 Answers
| Asked
in
Employment Law and Workers' Compensation
for
New York
on
Answered on Oct 17, 2017
Answered on Oct 17, 2017
V. Jonas Urba's answer
Maybe.
Employers with independent contractors are surprised to discover that it does not matter what a person is called. It's what they do, how they are paid and controlled, and how much expertise they truly have that matters.
Assuming you have independent contractors who might file an unemployment claim against your corporation at some point not having unemployment, workers compensation or other insurance can be costly.
Seek counsel.
Maybe.
Employers with independent contractors are surprised to discover that it does not matter what a person is called. It's what they do, how they are paid and controlled, and how much expertise they truly have that matters.
Assuming you have independent contractors who might file an unemployment claim against your corporation at some point not having unemployment, workers compensation or other insurance can be costly.
Seek counsel.
Q: As an employer, am I required to give notice within a certain amount days on why they will not receive their final paych
Andy Wayne Williamson's answer
I strongly suggest that you consult with an employment law attorney on this issue. I suggest that you use the find a lawyer feature to locate one in your area and have the agreements you referenced reviewed by the employment law attorney. I do not handle employment law issues and I can't answer your question as my first step would be to review the documents also. Thus consult with an attorney from your area right away.
I strongly suggest that you consult with an employment law attorney on this issue. I suggest that you use the find a lawyer feature to locate one in your area and have the agreements you referenced reviewed by the employment law attorney. I do not handle employment law issues and I can't answer your question as my first step would be to review the documents also. Thus consult with an attorney from your area right away.
Q: Do I have a case if I was sexually harassed at work and being told I had to go to work with the man responsible?
Salim U. Shaikh's answer
What was the outcome of internal investigation? Did they collect respective evidence and meet with witness(s)? Please elaborate more details w/r to : when complaint lodged? When investigation started? How much time was spent to prepare report?
Did report suggest to join work with offender? Consult with Attorney of local jurisdiction and/or share report by email to me for specific advice.
What was the outcome of internal investigation? Did they collect respective evidence and meet with witness(s)? Please elaborate more details w/r to : when complaint lodged? When investigation started? How much time was spent to prepare report?
Did report suggest to join work with offender? Consult with Attorney of local jurisdiction and/or share report by email to me for specific advice.
Q: Is it illegal to threaten to get someone fired for not doing their job correctly?
1 Answer
| Asked
in
Criminal Law, Employment Law and Real Estate Law
for
Florida
on
Answered on Oct 16, 2017
Answered on Oct 16, 2017
Jonathan A. Klurfeld's answer
Illegal/criminal? No. But your HOA can make your life hell for threatening their employee, so it's not in your best interest to getting help letting realtors in to threaten anyone. Further you have zero power to fire anyone that is hired by the HOA Board.
Illegal/criminal? No. But your HOA can make your life hell for threatening their employee, so it's not in your best interest to getting help letting realtors in to threaten anyone. Further you have zero power to fire anyone that is hired by the HOA Board.
Q: my employer makes me do odd jobs such as moving furniture at the vp's house. Is this legal?
1 Answer
| Asked
in
Employment Law, Workers' Compensation and Banking
for
Louisiana
on
Answered on Oct 16, 2017
Answered on Oct 16, 2017
Charles Joseph Stiegler's answer
As long as you are getting paid for the time, it is legal. If it becomes a regular occurrence you should probably have a serious talk with your boss, but there's no law saying that you can't be asked to do work outside your job description.
As long as you are getting paid for the time, it is legal. If it becomes a regular occurrence you should probably have a serious talk with your boss, but there's no law saying that you can't be asked to do work outside your job description.
Q: Is forced overtime legal? And if so, is there a time limit for prolonged forced overtime?
Lincoln W. Hobbs' answer
An employer can require you to work as many hours as they wish, provided they compensate you in accordance with overtime laws. They cannot "force" you to do it, in that you can decline, and quit or get fired. If your employer is making you work more than you want, I'd suggest that you try to find a new job. It's much easier to find a job when you are currently employed and don't need to explain why you left your last job.
An employer can require you to work as many hours as they wish, provided they compensate you in accordance with overtime laws. They cannot "force" you to do it, in that you can decline, and quit or get fired. If your employer is making you work more than you want, I'd suggest that you try to find a new job. It's much easier to find a job when you are currently employed and don't need to explain why you left your last job.
Q: If your company has video surveillance, do they have to tell you?
Lincoln W. Hobbs' answer
It would be a good practice, but would not be required in a portion of the office where there is no reasonable expectation of privacy.
It would be a good practice, but would not be required in a portion of the office where there is no reasonable expectation of privacy.
Q: what happens in case of breaching a one year work contract with an NGO, because a much better job is offered to me.
Salim U. Shaikh's answer
What does your work contract spell out in case of severance/termination of contract by either side i.e. employee or the employer. Do you need to serve them a timely notice as defined in the contract or is that an open contract??
Generally, each contract carry a month or so notice in case an employee wants to leave and likewise notice is served by the employer if they plan to terminate their contract.
What does your work contract spell out in case of severance/termination of contract by either side i.e. employee or the employer. Do you need to serve them a timely notice as defined in the contract or is that an open contract??
Generally, each contract carry a month or so notice in case an employee wants to leave and likewise notice is served by the employer if they plan to terminate their contract.
Q: Can my employer make me pay for something as pretty as a broken liquor bottle?
1 Answer
| Asked
in
Business Law, Employment Discrimination and Employment Law
for
New Mexico
on
Answered on Oct 15, 2017
Answered on Oct 15, 2017
Q: Does unvested stock always implies that person employed by the company?
1 Answer
| Asked
in
Business Formation, Business Law, Employment Law and Securities Law
for
Virginia
on
Answered on Oct 15, 2017
Answered on Oct 15, 2017
Salim U. Shaikh's answer
Provided that person carry a specific authorization to that extent in order to avoid any possible scam.
Provided that person carry a specific authorization to that extent in order to avoid any possible scam.
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