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2 Answers | Asked in Employment Law for California on
Q: Employer initially said I could work remote but has changed their mind two weeks out from my move. Do I have to resign?

Initially I was told I could work remote. Between the time that I was told this and the time I had a set move date, the employer put me on probation. Now two weeks out from my move, which falls a week before the end of the probation period, the employer tells me I cannot work remote for other... View More

Neil Pedersen
Neil Pedersen
answered on Oct 3, 2024

If the work from home was part of a reasonable accommodation of a disabling condition, the answer might be quite different. If not, then as an at will employee your employer can change the terms and conditions of your employment at any time and for any reason or even for no reason at all. That... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can you tell me if I have a case for a situation where I work?

Took a LOA in July inquired about getting service dog at work. Told I am not classified at the postition that I've been doing for 6 years I would have to be evaluated at the position I am status as. Because of work restrictions I am unable to do the job I am status as. Corperate office is... View More

Neil Pedersen
Neil Pedersen
answered on Sep 27, 2024

More would need to be understood about your situation before someone could tell you with some level of certainty that you have a case with merit and value. However the facts you have posted about suggest unlawful conduct by the employer. Therefore it would be wise for you to locate and consult... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Am I being harassment/ bullied?

Since march 2024: I’ve been in a position in my workplace where behavior towards me is increasingly making me feel uncomfortable.

Behavior includes:

Gossiping: while I’ve never heard the gossip firsthand from those who spoke of me, I have a workplace colleague who has... View More

Neil Pedersen
Neil Pedersen
answered on Sep 26, 2024

There is a big difference between behavior that should not occur and behavior that is unlawful. Note that the other answer you have received does not say the behavior you have reported is unlawful. It likely is not violative of any law.

Bullying, gossiping, cold shouldering and other rude...
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2 Answers | Asked in Employment Law for California on
Q: Can my employer reduce my salary to cover mileage reimbursement in California?

I am a service technician and am required to drive to customers houses daily for work. For the past year my boss has not been paying me mileage reimbursement. After learning that I am supposed to be compensated per California law, I brought this to his attention. He has agreed to pay a small lump... View More

Brad S Kane
Brad S Kane
answered on Sep 24, 2024

Assuming you are an at-will employee, an employer can reduce your pay as long as the employer otherwise complies with minimum wage and overtime requirements. However, the employer cannot prevent you from disclosing illegal conduct such as failure to pay reimbursements to other employees.

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can my employer remove me from work schedule and that reasonable accommodations for knee bursitis aren’t sustainable?

Went to work with knee bursitis and employer knew it. Allowed me to work all day and texted me after hours that I should satay home the next day as it was not wise to have me in the field or office. Was told he’d need to make a few phone calls as to how to proceed. Was not contacted until the... View More

Neil Pedersen
Neil Pedersen
answered on Sep 23, 2024

You need to go to the doctor and get a doctor's note indicating any restrictions you have on your ability to do your job and any suggested modifications to your job needed to allow you to perform the essential functions of the job. Then turn in that note. That will place a legal obligation... View More

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1 Answer | Asked in Employment Law for New York on
Q: Employment Contract sole provision ON SEVERANCE relates ONLY to waiver of claims

Contract sole provision is regarding severance : "Any severance payments will be

conditioned upon your execution and non-revocation of a release of claims in favor of the

Company and its affiliates in a form reasonably satisfactory to the Company"

Employer has... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

This ER has attorneys that drafted this GENERAL RELEASE "severance agreement." You need an attorney in your corner to tell you what you are potentially giving up in potential claims against the company, in exchange for the severance package. Are you giving up claims worth $10k for a $9k... View More

1 Answer | Asked in Employment Law for Arizona on
Q: I want to know if I have grounds to sue Walmart and for what.

I worked as a pharmacist for Walmart from October 2019 to March 2020. They hired me as a manager at a struggling store. I was told it was busy but not informed about the difficult technicians or how they had driven away previous pharmacists. My district manager, TZ, told me, “You’re their boss,... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

If you have anything, it is probably a defamation claim. The problem is the Board issued an action against you, presumably finding fault with your actions. Truth is an absolute defense to a defamation claim. Another potential problem that you mention is that this all happened 4 years ago. Statutes... View More

1 Answer | Asked in Employment Law for South Carolina on
Q: I have a former employer threatening to enforce a non-compete against me. What should I do in this situation?

I am writing to remind you that pursuant to the provisions of your Nexstar compensation plan you are bound to certain post-employment obligations as follows:

Through March 25, 2025, you may not, whether directly or indirectly, with or without compensation, enter into or engage in the... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

You really need to take all your documentation about this job and your agreement to a local attorney. The laws vary greatly from state to state about these non-compete agreements. In some states they are not enforceable against ordinary employees at all, in other states they are fully enforceable,... View More

1 Answer | Asked in Civil Litigation and Employment Law for Alabama on
Q: Can a contractor withhold a paycheck in alabama for personal debt to him from a 1099 employee if debt isnt from business

Vehicle was on monthly payment and was repossessed for 30 days behind , purchase was not linked to business contractor owned. Was told I wasn't fired or layed off but had to find a way to get to work

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

GA is always confusing. If you are a 1099, you are not an employee, you are an independent contractor and none of the employee protections apply to you. However, you may be misclassified as an IC by the employer, which can be a big financial benefit to them. They don't have to payroll... View More

1 Answer | Asked in Employment Law for Pennsylvania on
Q: I’ve been working for a company full time for over 20 years and they have never given me vacation pay or sick days.

The company I work for considers everybody part time but I easily work 40 to 50 hours a week. It’s a commission based per building and my portfolio used to be 200 buildings a month but now it’s 140 buildings a month since Covid hit. I constantly ask for vacation pay and they only gave it to me... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

Interesting situation, you could be covered by PA law or NY law or both. You would want to research which is more favorable. Check not only the wage laws/employee laws that provide that you are entitled to recover wages AND EXPENSES expended for the benefit of your employer, and you are entitled to... View More

1 Answer | Asked in Employment Law for Wisconsin on
Q: My mom has worked for 12 years routinely working over 80 hours a week but never receiving overtime pay.

My mom works for an in-home care facility for mentally disabled people, taking care of up to 9 people and the household, in Wisconsin. She typically works over 300 hours a month, and stays overnight while working as only one person works in the house at any time. She has worked for this place since... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

You should look at WI state agency for wage claims. https://dwd.wisconsin.gov/er/laborstandards/wageclaim.htm There is a 2 year statute of limitations for wage claims in WI, so your mom can recover 2 years of OT.

Some of the statutes also carry with them "liquidated damages"...
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1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: I was accused for criticism at work environment.My district manager met with me to discuss what was addressed to her

DM met with me on August 23.

My FMLA and disability leave on September 19th

I have not heard from The DM since

Can she terminate me while I’m on disability leave and FMLA

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

Most employees are "at will" meaning they can be terminated without cause or notice. However, if you are on FMLA leave, a presumption could arise that you were terminated in retaliation for taking that leave, which would be illegal. The employer can terminate you while on FMLA leave if... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Is it legal for my HR department to override my time clock for the day at work to make it seem as if I never arrived ?

I was recently terminated from my job. That morning I went to work and clocked in through an app on the phone , which we HAVE to be in the building to accomplish. After an hour of being there and working I was called to the office and fired . The company refused to let me go back in the building... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

If you are scheduled to work and you show up as scheduled, the employer is obligated to pay you. You could be entitled to a half day's pay as "show up pay." Check TX department of labor or search for TX wage laws. You can file a claim form. In direct response, no it is not legal for... View More

Q: I'm a teacher. While sick with Covid pneumonia, I was medically terminated for missing 1 day over 90. Was that legal?

I am a teacher in the state of SC. At the beginning of the 2021school year, I was sick with double Covid pneumonia. I used my days with the FBLA. The school district extended me 30 days but did tell me that if I missed 1 day over 90, I would be medically terminated and would have 5 days to appeal... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

When you have a medical condition that constitutes a physical disability, several laws apply to you, in addition to laws such as family leave acts (Federal and state). You may be protected by the Federal ADA and SC's equivalent disability protection laws. You should search for SC- employment... View More

2 Answers | Asked in Employment Law and Health Care Law for Nebraska on
Q: I have been working since July 23rd 2024 doing home Health Care and have yet to be paid
Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

NE has a state agency that handles wage claims- Nebraska Department of Labor- find them on internet. Under Federal and state laws, employees are entitled to wages for all hours worked. Most states require payment of hourly wages no less than twice a month, or it could be as frequently as by the... View More

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2 Answers | Asked in Employment Law and Health Care Law for Nebraska on
Q: I have been working since July 23rd 2024 doing home Health Care and have yet to be paid
Julie Fowler
Julie Fowler
answered on Sep 20, 2024

This depends in part on the terms of your contract. Further, the answer depends if you are legally considered an employee or a contractor.

If you are an employee, you can bring an action under the Nebraska Wage Payment and Collection Act, which starts at Nebraska Revised Statute 48-1228....
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1 Answer | Asked in Employment Law for Kansas on
Q: Was I wrongfully terminated?

I put in my 2 week notice through email, on 9/16, to my boss, the VP and the owner but didn’t include the division boss as he runs the northern division and isn’t in our day to day activities in the Wichita division. I was just let go today from the division boss because he was upset I didn’t... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

In almost all states, your employment is "at will" which means that you can quit or be fired without cause or notice. Just because you give 2 weeks notice does not put you in a "safe harbor" period for the 2 weeks and you can still be terminated without cause or notice by the... View More

1 Answer | Asked in Employment Law and Personal Injury for Washington DC on
Q: Hello, I own a delivery company with 15 plus vans in Northern VA. Employ over 50 people. In early August one of my

Drivers was involved in ann accident four hours after consuming a beer (caught on dash cam). Since it was deemed as minor accident at the time, my former employee went through the process of calling the cops and going through typical post accident protocol. He was not tested for alcohol at the... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

In your second post, you said this was a "former" employee. I responded to that with considerations regarding his continuing employment status. The dash cam video is important evidence because it is probably time stamped, be sure to keep it secure in case this whole thing blows up and... View More

2 Answers | Asked in Car Accidents, Employment Law and Personal Injury for Washington DC on
Q: Hello, one of my former employees was involved in a minor car accident during his work shift in company van.

Hello, on 8/4 one of my former employees was involved in a minor car accident during his work shift in company van. He was at fault as he was leaving where he was parked and bumped into another car that was coming up on his left hand side. Turns out he drank 1 beer 4 hours before accident occurred... View More

Laurence L. Socci
Laurence L. Socci
answered on Sep 19, 2024

Good morning -- If this case goes to litigation, you will have to duty to turn over any dashcam video if the other side asks for it. On the other hand, you have no duty to voluntarily relinquish it since him drinking one beer does not appear to be an issue. I am assuming he was not charged with a... View More

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2 Answers | Asked in Car Accidents, Employment Law and Personal Injury for Washington DC on
Q: Hello, one of my former employees was involved in a minor car accident during his work shift in company van.

Hello, on 8/4 one of my former employees was involved in a minor car accident during his work shift in company van. He was at fault as he was leaving where he was parked and bumped into another car that was coming up on his left hand side. Turns out he drank 1 beer 4 hours before accident occurred... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

I agree with Attorney Socci's analysis, but you have some other problems. You haven't said where he drank the beer, or whether the vehicle was moving (appears to have been drinking in vehicle b/c on dash cam video.) Virginia's vehicle code would probably prohibit drinking alcohol... View More

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