Employment Law Questions & Answers

Q: Where can I sue Amazon Retail, LLC for failure to pay wages in small claims court and for how much after termination?

1 Answer | Asked in Employment Law for Oregon on
Answered on Dec 15, 2017

You can file in small claims court, but it is not 8 times what they owe you. It is 8 hours of pay per day they are late. So, you get 8 hours of pay starting tomorrow.

I would actually suggest waiting until you get your final paycheck (Amazon will probably due it in a few days), that way you know how much you are going after (it maxes out at 30 days, though there are some caveats). Plus, rarely due you actually need to sue and incur that extra expense.

If you do need to file, you...
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Q: If you give an employer 60 day written resignation notice, are they obligated to pay for the final 60 days?

1 Answer | Asked in Employment Law for Pennsylvania on
Answered on Dec 15, 2017

If you work there, sure--a notice doesn't require that you work for free.
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Q: If an employer breaks a 3yr contract in year 2 due to retrenchment procedures.... Am i still entitled to my gratuity?

1 Answer | Asked in Business Law, Contracts, Employment Law and Government Contracts on
Answered on Dec 14, 2017

Employers generally follow retrenchment procedures already in place prior to retrenchment exercise. It may spell out how to deal with staff who lose their contract in terms of absorption within against vacant positions commensurate to their relevance or to pay them termination benefits, gratuity and/or pension factor if so apply.
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Q: What is the employment status of a manager facing a legal case against him/her as a company representative and employee?

1 Answer | Asked in Employment Law on
Answered on Dec 14, 2017

From the given details, the question arise what nature of case is pending at the court? What impact does it has on the company or his work? As case is of personal nature, international company(ies), in general, do not mingle into private affairs.
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Q: If I leave my job while on worker's comp, is there a way to leave on good terms?

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Answered on Dec 14, 2017

Yeah but it opens up your new employer to a law suit!! DID YOU KNOW if a doctor writes the new job is causing any increase in symptoms, the current workers comp insurer can 'join' your new employer as a co-defendant and demand payment as 'contribution'?? IF POSSIBLE it is best to stay with the current employer up until the treating doctor writes you've hit MAXIMUM MEDICAL IMPROVEMENT (permanent & stationary, for us oldsters) . once your condition has Plateaued, then you go to the new job....
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Q: Do I have a legal case here? How can a claim be denied after paying the premiums for 2 years?

1 Answer | Asked in Employment Law for New Jersey on
Answered on Dec 14, 2017

Yes, facts that you detail could very well form the basis for a claim for the amount of the life insurance but a few more details are need. Please free to contact our office to set up a consultation. Andrew Abramson

_______________________________________

Andrew S. Abramson, Esq.

Abramson Employment Law, LLC

790 Penllyn Blue Bell Pike - Suite 205

Blue Bell, PA 19422

telephone: 267-470-4742

email: asa@aemploylaw.com

web:...
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Q: Can I sue for wrongful disability termination if I didn't disclose the specific disability to my employer?

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Answered on Dec 14, 2017

It is hard to say without consulting with you as many more facts are needed which would also bring more questions. In general, you do not have to identify the exact disability. However, you will need to have identified enough about the disability for the employer to have determined it was a disability covered by the Americans with Disabilities Act. Additionally, if you needed a reasonable accommodation to perform the essential functions of your job, you would be required to have given the...
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Q: As a volunteer working at an animal refuge in NYS, do you have any rights when it comes to living conditions and health?

1 Answer | Asked in Animal / Dog Law and Employment Law for New York on
Answered on Dec 13, 2017

You are asking a human habitation or housing question.

Call local building inspectors - whoever inspects or issues building or renovation permits. Is the building zoned residential and does it have CO, certificate of occupancy for human habitation?

Local building inspectors can inspect any facility being occupied by humans for compliance with minimal requirements. Does it meet whatever the minimums are. Higher taxes generally equate to higher standards - not always....
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Q: I have worked at my job for 5 years and never been paid overtime is there anything i can do

1 Answer | Asked in Employment Law for North Carolina on
Answered on Dec 13, 2017

You should speak to an experienced employment attorney to determine whether or not you are entitled to overtime. If you are an exempt employee, your employer is not required to compensate you for any time in excess of 40 hours per week. If you are a non-exempt employee, and you work for a non-governmental employer, you are entitled to overtime pay for all time worked in excess of 40 hours per week in most cases.

Wage and Hour claims have a rolling statute of limitations of 2 years in...
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Q: I work for a small biz as an employee and was sued personally (small claims) for a mistake the biz made. What do I do?

1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Colorado on
Answered on Dec 12, 2017

Hire an attorney, A company policy is not the law and they can sue you and the company. You'll have to respond to the complaint and defend yourself at trial if necessary.
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Q: What to do if my employer wanted me to denied the I hurted my self at work but I didn't I said the truth to the doctor

1 Answer | Asked in Employment Discrimination, Employment Law, Personal Injury and Workers' Compensation for New York on
Answered on Dec 12, 2017

You need to speak with a member of the Texas Trial Lawyers Assn who handles employment law issues. They give free conslts.
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Q: What to do if a company if using your name on their "Team" page, but you quit over four months ago?

1 Answer | Asked in Business Formation, Business Law, Contracts and Employment Law for California on
Answered on Dec 12, 2017

The President probably sees updating her company’s webpage as a low priority compared to running her company. If you retained a lawyer to send a cease and desist letter, it would raise the priority and the President would likely have the name removed rather than hire a lawyer to fight it.
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Q: I received a misdemeanor shop lifting charge when I was 16. Will it show up on a background check?

1 Answer | Asked in Criminal Law and Employment Law for North Carolina on
Answered on Dec 12, 2017

If the case was dismissed and "sealed" - do you mean expunged? - then it would not show up on a background check. "Sealed" is what happens to charges you get in NC before you turn 16, if you were charged as a juvenile. If that was what happened, juvenile charges don't show up on standard commercial background checks either.
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Q: What can someone do about financial services who is undocumented and came through Canada to this country

1 Answer | Asked in Employment Law and Immigration Law for New York on
Answered on Dec 11, 2017

Your client needs to speak to an immigration attorney. Depending on her country of origin and /or situation she may have options.
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Q: Do I need to sign a form if I'm now NOT taking time from work for a previously scheduled procedure that I cancelled?

1 Answer | Asked in Employment Law and Education Law for Illinois on
Answered on Dec 11, 2017

Employers these days do everything they can to protect themselves. They are highly likely telling you the truth, that having you sign the document is simply intended to prevent you from claiming they wouldn't give you the time off later on. From the employer's viewpoint, it makes perfect sense. From your viewpoint it ought to be "No harm, no foul;" in other words, it costs you nothing to make your employer happy, it doesn't jeopardize your rights in any way, and signing it will likely cause...
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Q: Working at 2 colleges1 part time in town, other fulltime university online. Is this conflict of interest?Can i be sued

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Answered on Dec 11, 2017

If online job specifically disallows any parallel job (or part time job) that will fall under conflict of interest, as termed by them. However, you may seek clarification in writing.
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Q: I am a Daca recipient. I want to pursue a career as a pilot. What are my chances of becoming a pilot

1 Answer | Asked in Employment Law and Immigration Law for New Jersey on
Answered on Dec 11, 2017

Your aptitude to become a pilot depends on the eligibility criteria and certain prescribed academic and physical tests.
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Q: Can an international student in Canada work as freelance photographer as a part-time job? Or any kind of online work ?

1 Answer | Asked in Employment Law and Immigration Law on
Answered on Dec 11, 2017

Students are generally not allowed to full time job at the expense of their visa terms. However, limited but occasional job is permitted to generate income to run one's cost of educational expenses.
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Q: Can my employer suspend me without notifying me and if so for how long?

1 Answer | Asked in Employment Law for Maryland on
Answered on Dec 11, 2017

Ref your question. Behind suspension there must be a cogent reasons. If there exist any reasons thereto, you have a right of due process. As part of due process, employer may have notified you alleged charges that led to your suspension. Secondly, it depends how long investigation does take place to sort out the allegation(s) if any.
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Q: Salaried exempt employee's pay being docked due to sick days

1 Answer | Asked in Employment Law for Massachusetts on
Answered on Dec 11, 2017

First, any deduction for sick time has to be consistent with company sick time policy. If the company does not have a formal policy, they still have to charge your absences against your accrued sick time. MA requires that every employee shall be entitled to accrue and use 40 hours of sick time over a 12 month period.

Your employer can reduce your pay for periods you do not work. However, the employer must follow company policy and must comply with MA law regarding accrued sick time.
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