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Employment Law Questions & Answers

1 Answer | Asked in Contracts, Criminal Law, Employment Law and Workers' Compensation for Arizona on

Q: Live in caregiver and client’s son verbally agreed upon a set payment amount and schedule but still hasn’t been paid.

I was asked by a friend to move to Arizona from San Diego into his mother’s house to be hired as her live in caregiver. Her son and I agreed to a set rate and payment schedule, and verbally confirmed our agreement several times, and though I’ve been here for 4 months now, I haven’t been paid... Read more »

Mike Branum answered on Sep 13, 2019

You would need to file a small claims action. It will need to be filed in Arizona, which may be difficult if you move it and move back to Cali.

1 Answer | Asked in Employment Law and Personal Injury for New York on

Q: New York - My wife is 9 weeks pregnant. She was at work and witnessed her boss and an employee arguing. The employee

knocked over a flower vase full of water. She was then asked by the employee to take the two other vases to the basement. She slipped in the water which wasn't visible and walked towards the stairs. the stairs are concrete and glazed. she was holding two vases and proceeded to the stairs where she... Read more »

V. Jonas Urba answered on Sep 12, 2019

Contact workers compensation lawyers. Books or no books she was injured on the job. She has the right to recover work comp benefits.

1 Answer | Asked in Car Accidents and Employment Law for New York on

Q: Who is liable when something breaks at work? In this case, the mirror on a customer car.

I work at a collision center. I was required to back a truck out of the narrow garage door. Upon doing so the edge of the mirror clipped the door and broke. My boss wants me to pay all of the damages (over $900) and wants the money today. Am I legally responsible for breaking something at work or... Read more »

V. Jonas Urba answered on Sep 12, 2019

Your boss can not legally deduct the amount from your wages. Here's why: https://www.labor.ny.gov/formsdocs/wp/LS605.PDF

If you are a valued employee he will change his mind about making you pay him back. But you may have to promise him that you will never, ever do that again since you are...
Read more »

1 Answer | Asked in Employment Law for Texas on

Q: Can my former employer refuse to pay me for PTO upon termination?

It was determined by the Texas Workforce Commission that I was terminated without cause and unemployment benefits are being paid. Can I now request and get paid the the 56 hour of PTO owed me since my termination was without cause? Their appeal deadline has passed and no appeal was made by my... Read more »

Roy Lee Warren answered on Sep 11, 2019

Yes I believe you should get paid for that if the employer has it in writing you will accrue vacation time and your employer should be penalized for not already paying you for that because it must pay your final pay w/i 6 days. The Texas Employment Commission can also help you with that claim as... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on

Q: I have two jobs and I was hurt while at one. The dr took me off work. WIll having the second job affect my claim?

My first job is a school bus driving, the second job is a desk job. I tore my meniscus on my left leg.

Roy Lee Warren answered on Sep 11, 2019

Of course, but perhaps not in the way you may believe. If you are taken off work from both jobs the carrier must base your income benefits on your total earnings from both jobs. [Total wages (and benefits if stopped while off work) for the past 13 weeks divided by 13 to arrive at your average... Read more »

1 Answer | Asked in Business Formation, Employment Law and Tax Law for New Jersey on

Q: If I am the founder of a non-profit and am planning to pay myself according to a set salary, do I count as an employee?

Main thing is, I'm trying to set up a payroll, and I just want to know what to tell the payroll company (e.g., ADP) when they keep asking about the "employee."

D. Mathew Blackburn answered on Sep 11, 2019

Yes, you're an employee.

1 Answer | Asked in Employment Law for Missouri on

Q: How do I look up a labor lawsuit that I was a payee of?

I used to work for a restaurant that got sued for a labor law infringement and I don’t know what law firm was hired on behalf of all plaintiffs in the case. I should have received my settlement by now, in the mail, in the form of two checks. Where is it?! How do I find out what the total... Read more »

Ronald J. Eisenberg answered on Sep 11, 2019

For federal suits check Pacer. For Missouri state court check Casenet.

1 Answer | Asked in Employment Law for California on

Q: How long does Target corporation have to pay me after I quit? It’s already been 3 weeks since I did and still no check

I quit due to a family emergency because I had to move. They said since I changed addresses it would take a while. My rent is due on the 1st so I can’t pay it until I get it and they already added the late fee on

Top of it.

Louis George Fazzi answered on Sep 10, 2019

The state labor code requires you to be paid within 72 hours of your termination of employment, regardless whether you initiated it or the employer did. Did you provide the employer with a method of direct deposit into your bank account? Contact Target's Human Resources Department immediately and... Read more »

1 Answer | Asked in Employment Law for New York on

Q: Does my employer have to pay me if they tell me not to come in for a shift because Netflix is filming?

I work 39 hours a week 5 days a week at a bowling alley. My employer just informed me that I don’t need to come in next Monday for work because Netflix rented out the establishment to film a movie. When I asked if I would be getting paid the owner said no. I’ve had the same shifts and same... Read more »

V. Jonas Urba answered on Sep 10, 2019

Unless you are covered under some contract (private or union) the employer can usually change your hours, rate of pay, benefits, etc... almost at any time and usually without advance notice to you. That is called employment "at will" which term describes the overwhelming majority of the U.S.... Read more »

1 Answer | Asked in Criminal Law, Employment Law, Civil Rights and Federal Crimes for Louisiana on

Q: I was a 1099 employee appointed with the company. ........

The upper lines put in surveillance cameras in the workplace. They claimed these cameras had no audio. But now, after leaving, I have determined they do have active audio. There are no signs or notices in the building about the audio surveillance. Is that legal?

Ellen Cronin Badeaux answered on Sep 10, 2019

Thus is an employment law question.

2 Answers | Asked in Employment Law for New York on

Q: What are the legal options for the Plaintiff if municipality does not offer or decline a settle within 30 days

I understand that the municipality has 30 days to offer a settlement or decline after the 50h hearing. What are the legal options for the Plaintiff if they do not comply with the 30 days? I am in nyc and this is an employment discrimination case.

John J. P. Howley answered on Sep 9, 2019

Your next step is most likely to commence a lawsuit if you have not already done so. You should consider retaining an experienced employment lawyer for such a lawsuit. There are many, complicated procedural requirements for pursuing an employment lawsuit. In addition, many judges assume that... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on

Q: Does my employer have the right to alter my time card simply because he disagrees what I recorded as work time.

We self record are time in 15 min increments on an honor system. The rule is to keep track of your own time since the crew all have slightly different tasks and often clock out at different times. I also keep a log book of all job duties, times, appointments, etc. Last month my boss docked my check... Read more »

Mr. Michael O. Stevens answered on Sep 4, 2019

You can, but be prepared to be fired. It would be unlawful retaliation, but the wage theft is also unlawful. My suggestion would be to find a new job first.

Also, if you do file a complaint, focus only on the hours docked. The fact that you are a foreman and there were bad bids has nothing...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Arkansas on

Q: Should I have been receiving on- call pay?

I work for a municipality in Arkansas? I was issued a city phone and was told I would be responsible for all call outs per my license. ( water/Sewer) . I have answered calls and also came back from dinners and vacations to handle utility issues. I have never been able to go out of town far away... Read more »

Paul Gerard Pfeifer answered on Sep 4, 2019

You may want to contact an employment attorney that handles FLSA cases because you may have a claim related to this activity by your employer. We would be happy to speak with you.

1 Answer | Asked in Civil Rights, Employment Law and Small Claims for Arkansas on

Q: Is it fair that only one employee gets fired from the job and both of the employees were fighting?

Tim Akpinar answered on Sep 4, 2019

No, on its face, it does not seem fair. But the only opinion that really has legal significance for you here is that of an employment attorney. And your post remains open for four weeks. It's likely that based on the limited facts, it is difficult for an employment attorney to offer meaningful... Read more »

4 Answers | Asked in Bankruptcy and Employment Law for New York on

Q: I loaned my employer 70,000. I was repaid about $10,000 and then he fired me. His company is now filing bankruptcy.

Do I have any recourse to get my money back?

Karra Kingston answered on Sep 3, 2019

Hello, it depends what chapter they filed for.

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1 Answer | Asked in Employment Law for California on

Q: I was offered a rate of pay that is different from what I am getting paid

The offer letter that I signed showed that I would be getting paid X amount of money per hour. The company never paid me this wage.

Neil Pedersen answered on Sep 3, 2019

More needs to be known, but the general rule is that you are considered to be employed at will unless you have an agreement to the contrary with your employer about that status. The employer of an at will employee can change the terms and conditions of your employment at any time and for any... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New York on

Q: I would like to know if I have a case for a wrongful termination. After 5 years I was forced to quit from last Job

I was given 24 hours to decide and told if I did not quit they would terminate me. This was after my depression returned badly after the sudden death of my mother. I was told to take as much time as I need, and when I did justvthat, I was essentially fired,

V. Jonas Urba answered on Sep 3, 2019

How much time did you need and did you take?

While you were out did you keep your employer on notice regarding when you anticipated to return?

How much time did you believe you could be gone?

Were you awarded unemployment benefits? If not why not since it is difficult not to...
Read more »

1 Answer | Asked in Libel & Slander, Criminal Law, Employment Law and Domestic Violence for California on

Q: My ex-boyfriend vandalized my car. He also sent a fake text message to my job and got me fired. What can I do?

I don't know where he lives. He doesn't have a job. He receives short term disability.

He has a record from about 10 years ago.

He hasn't threatened me with violence. He's harassing me because we had a nasty break-up. He's made fake instagram accounts and contacted my friends... Read more »

Dale S. Gribow answered on Sep 1, 2019

MORE INFO NEEDED

IF YOU CAN PROVE IT, CALL THE POLICE...LET THEM FIND HIM

2 Answers | Asked in Employment Law, Employment Discrimination and International Law for New York on

Q: How legal is it that these cameras record audio?

I work for a trucking company, we have the smart drive camera system, these cameras only record several seconds before and several seconds after an event like accident, hard brake, red light etc.. there's two cameras, one facing the front and the other facing me, they are used for security reasons... Read more »

V. Jonas Urba answered on Aug 31, 2019

Why would it not be? Is the vehicle titled in your name and are you operating it for your own private interests during these "events"?

A more interesting question might be your employer demanding your personal cell phone for examination after an "event". Do you know of any law which might...
Read more »

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1 Answer | Asked in Employment Law for California on

Q: Do I get a reimbursement?

I use my personal laptop, phone, and other work related equipment at work on a daily bases. I don't wanna sue my company, for i am very happy with my job. However find it unfair that my personal equipment is taking on a large sum of usage. If I it I legally get a reimbursement, would it be... Read more »

Neil Pedersen answered on Aug 30, 2019

Your employer can require you to use your own personal equipment in performing your job and there is no duty by the employer to reimburse you for the basic use of those items. However, any costs associated with use must be reimbursed. So, for instance, the usage charge for your mobile phone must... Read more »

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