Employment Law Questions & Answers

Q: Well my boss told me I could live with him out of the blue, I said no thanks then he said hetried finding me a place.

1 Answer | Asked in Employment Law on
Answered on May 27, 2018
Salim U. Shaikh's answer
It falls under workplace harassment. Before your boss retaliate and make way to terminate you, you are advised to gather all such evidences, recordings, date and time wise and even photos if possible for use in the future to defend your position.
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Q: Can an employer drop my wages to minimum wage because I quit without notice in Michigan?

1 Answer | Asked in Employment Law for Michigan on
Answered on May 26, 2018
Salim U. Shaikh's answer
Depend on the circumstances and subject to your consent. Consult Attorney of local jurisdiction handling labour cases.
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Q: Can a job use information received from a private conversation I had with someone without my consent and terminate me.

1 Answer | Asked in Employment Law for Illinois on
Answered on May 26, 2018
Salim U. Shaikh's answer
Noting that it was a consensual conversation initiated by the complainant but sensitivity and reasons of your being friendly with a school girl demanded further inquiry, which school administration skipped. As they did procedural error you probably may context their decision on many accounts. Better consult Attorney of your local jurisdiction for specific advice and action.
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Q: Can an employeer force me to resign for drugs after I passed a drug test

1 Answer | Asked in Employment Law for Georgia on
Answered on May 26, 2018
Salim U. Shaikh's answer
Need sufficient details to render specific advice. However, what percentage of drug was found in test? Why does your employer force you to resign? Did they make out any reasons? If no reasons given then they cannot force you to resign and if they still persist, you must immediately contest their pressure and get restraining order from the court through an Attorney of your local jurisdiction.
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Q: What are my options if I fear losing my job for not performing a task that is a crime

1 Answer | Asked in Employment Law, Elder Law and Health Care Law for Tennessee on
Answered on May 25, 2018
Mr. Kent Thomas Jones Esq.'s answer
The category of your question, to me, falls into the question of whistleblowing. Whistleblowing is a charge if you are alerting and/or turning in your present employer for something that they are doing that is illegal. My advice to you is to consult with local legal counsel about the situation.
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Q: I posted my experience with a company I worked for. Can he sue me for defamation?

1 Answer | Asked in Business Law, Civil Litigation, Employment Law and Libel & Slander for Florida on
Answered on May 24, 2018
Terrence H Thorgaard's answer
First, as I understand it they have not sued you, but only threatened to sue. Truth is a defense to an action for defamation; if what you said is correct they cannot successfully sue you. Also, they would have to prove the damages they are claiming. And, of course, until they sue, you cannot sue them with a counterclaim. If they still owe you, they can of course be sued by you.
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Q: My boyfriend is a hotel front office manager. He makes $32000 salary before tax and bonuses. Is he entitled to overtime?

1 Answer | Asked in Employment Law for Louisiana on
Answered on May 24, 2018
Charles Joseph Stiegler's answer
It is impossible to answer that question without more detailed information. Whether a manager is properly overtime exempts depends on several factors including: how much of his time he spends managing other employees, whether he has authority to hire or fire, the number of employees who he supervises, and the amount of discretion he has in running his department. For more information on the FLSA executive exemption to overtime pay, there is a link to my article below....
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Q: I recently quit my job and was only paid minimum wage for hours worked the previous pay period before quitting .

1 Answer | Asked in Employment Law for North Carolina on
Answered on May 24, 2018
Kirk Angel's answer
The employer is not required to pay more than minimum wage unless it promised you a specific higher wage or you were entitled to overtime. The first question is: were you being paid more than minimum wage before that pay period? The second question is: if so, did the employer notify you of the reduction to minimum wage before you worked that week at minimum wage? If the answer to both is "no", then you may have a claim for the difference between the two pay rates. You can file a wage...
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Q: Can you be transferred to a new position without notice while on leave,then terminated without notice for not working?

1 Answer | Asked in Employment Law for Florida on
Answered on May 23, 2018
Salim U. Shaikh's answer
Whatever did you say, it falls under a wrongful termination and need to be challenged by an Attorney of your local jurisdiction.
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Q: Can a company change your pay rate for a week for being ten minutes late for work one morning?

1 Answer | Asked in Employment Law for Virginia on
Answered on May 23, 2018
Salim U. Shaikh's answer
If employees are being governed by marshall rules then the only option for them is to deduct 10 minutes prorated factor out of a day wages. It would be illegal if they apply a reduced rate on rest of the week.

Alternative, they may apply flexible hours and ask you to work 10 minutes beyond your closing time.
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Q: Can a hotel require an employee to not take a 30 min meal break during an 8hr shift or is it illegal in Massachusetts

1 Answer | Asked in Employment Law for Massachusetts on
Answered on May 23, 2018
Salim U. Shaikh's answer
Depends on the contract of your employment. What are customary rules being applied by your hotel or others? It would be discriminatory if other employees are availing meal break during their 8 hr shift.
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Q: I had a previous Employer tell very personal/confidential information about me to customers. Did he break the any law?

1 Answer | Asked in Employment Discrimination and Employment Law for Oklahoma on
Answered on May 23, 2018
Salim U. Shaikh's answer
You are partially responsible for it. Having said that, you must immediately consult Attorney of your local jurisdiction stating the whole details and move for (i) Breach of trust / confidentiality that your ex-employer is violating again and again in order to defame your person; (ii) Libellous remarks and messages; (iii) Characterization and mlign your reputation, etc. etc. Such damaging feedback deprived you from prospective jobs is a highly criminal act.

Keep text messages...
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Q: I currently have both OPT EAD and TPS EAD.Can I work as a UBER driver using my TPS EAD? without affecting my OPT EAD?

1 Answer | Asked in Employment Law and Immigration Law for Michigan on
Answered on May 23, 2018
Carl Shusterman's answer
I would not do so. Since TPS is being cancelled for so many countries recently, it is much safer for you to only use your OPT EAD.
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Q: Can I sue my job for not paying me after a check bounced and get reimbursed for the overdraft fees my bank charged me?

2 Answers | Asked in Banking, Employment Discrimination, Employment Law and Small Claims for New York on
Answered on May 23, 2018
Michael David Siegel's answer
You can sue, and you can also file a complaint with the Department of Labor.
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Q: I have not received my request for payroll records or my commission check, I was terminated 22 days ago.How do I collect

2 Answers | Asked in Employment Law for California on
Answered on May 22, 2018
Salim U. Shaikh's answer
You must consult Attorney of local jurisdiction having expertise in Employment/labour cases in order to prepare yourself to sue your ex-employer against with-holding of your checks and files. The moment 30 days are passed or last check received you must launch your suit.
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Q: I was terminated from my job for missing work.even though I had a dr slip excusing me.

1 Answer | Asked in Employment Law for Wisconsin on
Answered on May 22, 2018
Salim U. Shaikh's answer
This falls under wrongful termination and need to be challenged. Without further waste of time you must consult Attorney of your local jurisdiction in order to sue your employer. Prior to that you must save a copy of doctor's slip and details of fax transmission, etc.
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Q: If you have 8 hrs shift is it true that you can have 15 mins break and a 30 mins break?

1 Answer | Asked in Employment Law for Maryland on
Answered on May 22, 2018
Salim U. Shaikh's answer
As a rule employer has to grant 30 minutes break where there is a continuous 8 hrs shift. Employer does discourage break in-between the shift due to production need and end up 15 minutes early in order to last a shift as 7:45 hrs. However, human needs are excepted. Please consult your employment rules or union for further clarity.
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Q: Can an employer tell employees who can give or receive an employment reference?

1 Answer | Asked in Employment Law for New Mexico on
Answered on May 22, 2018
Salim U. Shaikh's answer
It depends on the situation to give or receive an employment reference. It is out of their purview.
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Q: Does an older version of a non-compete still apply if a newer version was offered but I didn't sign?

1 Answer | Asked in Employment Law for Indiana on
Answered on May 22, 2018
Salim U. Shaikh's answer
Does new version supersede the earlier one? Did new version mention " terms of earlier version will apply or remained the same or altered?" If altered and there is no mention of non-compete then the new version supersede the earlier one.
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Q: Can a company withhold final check due to lost receipts for $30.

1 Answer | Asked in Employment Law for Arkansas on
Answered on May 22, 2018
Salim U. Shaikh's answer
In order to settle your final check you need to clear all pending/outstanding dues. For any reasons, receipts to reconcile your accounts are required that you need to provide to them or submit an undertaking that such and such amount was spent on ..... and receipts are lost. Alternatively, you can obtain duplicate receipts if possible. As a last resort your employer can deduct or retain an equivalent amount and settle the rest.
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