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Employment Law Questions & Answers
1 Answer | Asked in Small Claims, Employment Law and Collections for North Carolina on
Q: Can I take legal action to receive the total compensation I should have been paid while working there?

While interviewing for a chain restaurant GM position mid Dec of 2019 I was asked what annual salary I would accept to leave where I was currently employed and work there. I asked for 65,000 and the district Mgr at that time who was interviewing me agreed, but he said they would need to start me at... Read more »

Kirton M. Madison
Kirton M. Madison answered on Jun 16, 2021

Yes. You can take action. You should hurry though because you are running up against the statute of limitations. You should be able to use the documentation and text messages that you already have in your possession. You may take the restaurant to small claims court for the difference in the amount... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Law and Civil Litigation for Virginia on
Q: Am I eligible for compensation for VEC Employment Commission for damages for loosing my car and house

I’ve waited almost three months I had a outstanding error on my account it took me two months to get a hold of someone in the office. Got the account fixed called again to file said my claim couldn’t be processed because of an outstanding error on my account. Now I call and after the lawsuit... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jun 16, 2021

I do not handle employment law matters. Sorry.

1 Answer | Asked in Employment Law for New Jersey on
Q: If someone signs an employment contract. Do they have the right to decide to cancel it with a certain time frame?
Rhiannon Herbert
Rhiannon Herbert answered on Jun 16, 2021

The answer to this question will depend on the language that is in the contract, but generally, once a contract is signed (and assuming you weren't coerced or forced into signing), it becomes binding.

1 Answer | Asked in Employment Law for Georgia on
Q: If I accept a job offer and the job requires rotating shifts .i have a disability that will not allow me to work those

hours do they have to accommodate me

Carrie Dyer
Carrie Dyer answered on Jun 16, 2021

More information is needed to answer your questions. Under the Americans with Disabilities Act, an employer is required to engage in an interactive process to attempt to come up with a reasonable accommodation that allows you to perform the essential functions of your position but does not cause an... Read more »

1 Answer | Asked in Employment Law for Washington on
Q: is it legal to record someone with out consent or knowledge if its to catch them harassing you at the workplace

the harassment is both verbal abuse and sexual in nature. no physical sexual harassment so the recording would be audio

Carrie Dyer
Carrie Dyer answered on Jun 16, 2021

Washington is a "two-party consent" state. That means it is unlawful to intercept or record a private phone call, in-person conversation, or electronic communication unless all parties to the communication consent.

1 Answer | Asked in Employment Law on
Q: my employer only gives me a total of 10 hours of shifts in during 30 days

hello there, my employer is refusing to give more hours, telling me that the business is going slow and should give hours to other old emplyees, knowing that i was hired as a part time emplee

Rhiannon Herbert
Rhiannon Herbert answered on Jun 16, 2021

The situation you have described is not, of itself, unlawful. However, if you believe you are being passed up for hours for a discriminatory reason (i.e. based on race, sex, disability, religion, age) then your employer's actions could serve as evidence of discrimination in violation of Title... Read more »

1 Answer | Asked in Employment Law for California on
Q: I'm having issue with my unemployment benefits they now say they overpaid me.

Unemployment benefits said I owe them when they specifically put in my financial information and now they want to force me to bring out all my work history contract jobs so they can judge if I will receive Unemployment.

Neil Pedersen
Neil Pedersen answered on Jun 15, 2021

You have not asked a question. If you are looking to hire an attorney, this Q&A board is not the place that can happen. If you want to know what to do, gather all the information the EDD wants to see and provide it to them. Once a determination is made, if it is against you, be sure to... Read more »

1 Answer | Asked in Employment Law for Arkansas on
Q: My employer owes me back wages for 2020 & 2021 amounting to 43,000.00. How can I collect some or all of this
Chris W. Burks
Chris W. Burks answered on Jun 14, 2021

Thank you and both federal and state law protect employees who are owed wages. Arkansas contract law provides protections for employees who may be owed money under an employment contract.

Also, Arkansas state law reads that if an employee is discharged, the employer is required to pay...
Read more »

1 Answer | Asked in Employment Law and Immigration Law for California on
Q: What are the options to work and stay in the country apart from H1B Visa?

I am international student and currently on F1 Visa. I have substantial degrees Bachelor's, Post Graduate from India have completed my MS Marketing in the U.S and soon will be conferred with MBA in U.S. I have 20 years of work experience with 3.5 years (OPT/CPT - 40 HOURS) within U.S. I am... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 13, 2021

The decision in the 1990s not to make permanent, the 200,000 visa cap pretty much created the professional work visa mess of the 2000s.

Most will find the road to seeking a work visa cost ineffective. There may be other visa options for some, but not for others.

As a result, I...
Read more »

1 Answer | Asked in Immigration Law and Employment Law for California on
Q: Can the minor child (17) of someone currently on a work visa waiting to receive their green card work legally in the US?

17 year old hopes to find work while her mother is waiting to receive her green card. She has already applied and has been waiting for a while, her daughter wants to get a summer job in the meantime to help support the family. Is the daughter eligible to work if the parent is on a legal sponsored... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 12, 2021

Not this summer. The daughter must be a derivative beneficiary. That is, she must be able to qualify for adjustment of status based upon her mom’s current immigrant visa. This requires an understanding of how the current visa bulletin works.

I strongly recommend an appointment with a...
Read more »

1 Answer | Asked in Employment Law for Oklahoma on
Q: Does unemployment cover taking a leave of absence to care for a parent who’s become too weak to sustain on their own?

I’ve recently taken a leave of absence to provide care to my elderly father during COVID who suffers from Congestive heart failure. I am the only child and have since relocated to be with him. We just began in-home physical therapy in hopes of increasing his strength so he may become stronger... Read more »

Anna L Self
Anna L Self answered on Jun 11, 2021

No. You must be actively seeking work to qualify for unemployment.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Am I legally required to obtain liability insurance in PA as an independent contractor?
Peter N. Munsing
Peter N. Munsing answered on Jun 11, 2021

Depends on the type of liability insurance. If you mean general liability, no, unless your contract with the person hiring you requires it.

1 Answer | Asked in Employment Law for New York on
Q: I had a virtual job interview but there were a lot of tech troubles. It wasn't my fault. Can I ask to do it again?
Tim Akpinar
Tim Akpinar answered on Jun 11, 2021

There are employment law attorneys here who are most knowledgeable in this area, but your question remains open for a week, and you might be losing valuable time or a good opportunity. From a practical standpoint, ask. You have nothing to lose, and it could be preferable to the prospective employer... Read more »

1 Answer | Asked in Employment Law for California on
Q: How can I get the California Labor ?Department to actually read my information about my case?

I have proof that I contacted them way before any time statutes past, but they will not even look at it.

Neil Pedersen
Neil Pedersen answered on Jun 10, 2021

If your right to appeal has passed, there is no practical way to get them to take up your case. Whether you can approach the dispute from a litigation standpoint, i.e., in court, depends on much more information than you have provided here.

Trying to resolve a wage or hour dispute by...
Read more »

1 Answer | Asked in Employment Law for California on
Q: Can my employer make me work 12+ hours with no communication of what time I will be able to leave?

I worked an over night 7pm-current time 2pm the next day & im still waiting for someone to relieve me and the guy who hired me has not texted or called to let me know if someone is on there way or if I will be staying here longer or if I could even take a break.

Neil Pedersen
Neil Pedersen answered on Jun 9, 2021

There is nothing unlawful with an employer telling you to work until relieved, even if that might involve 12 or more hours. I have seen people in your situation be required to work 24 hours and more. That is not unlawful.

What is unlawful is if you are not being properly being paid...
Read more »

1 Answer | Asked in Employment Law for California on
Q: i was talked into applying for unemployment during the pandemic when they were giving extra money but i am on ssdi am i

commiting fraud and what can i do about it

Neil Pedersen
Neil Pedersen answered on Jun 9, 2021

Contact the EDD and arrange to give back the money you should not have received. If you did not qualify for UI benefits, that is your only option short of waiting to be the subject of a reimbursement action.

And do not think that blaming your conduct on someone else for talking you into...
Read more »

1 Answer | Asked in Criminal Law, Employment Law and Landlord - Tenant for California on
Q: Manager @ CA Regional RV Park covered up an employee Cov-19 OUTBREAK. Endangering 200+ residents. This can’t be legal!

Manager hosted internal company party while gov. ordinances, i.e. “no social gatherings” were in full effect. Masks not enforced. 9 employees contracted Covid-19 at this party.

Facility falsely reported only ONE Covid positive case.

Employees were laid-off for a month to... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jun 9, 2021

more info needed.

you can always petition or sue for anything.......whether you can get a lawyer to take the case on a contingency AND collect anything is another story.

i would think contacting the owner of the establishment would make the most sense.

1 Answer | Asked in Employment Law for Connecticut on
Q: Age discrimination or "overqualification" prejudice? Can a lawyer compel private testimony with company and myself?
Kyle Anderson
Kyle Anderson answered on Jun 9, 2021

Hello, generally speaking, an attorney cannot compel the company to provide information unless a lawsuit is filed. More information is needed here to evaluate your situation. I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Tennessee on
Q: Let go refused to tell why, age 70 and less than a year work comp. Sep Slip- Lack of Work, Job posted next wk.

Do I have a case? I was in excellent health before injury and my age was not a problem. Injury had nothing to do with age, instead work station and vendor communication did. Before injury co-workers and local management had no idea of my age from appearance and job performance. Records were at... Read more »

Kyle Anderson
Kyle Anderson answered on Jun 9, 2021

Hi, more information is needed here. Were you injured on the job and filed a workers compensation claim? Some states have an anti-retaliation law that prohibits retaliation for filing a workers compensation claim. I would reach out to an employment law attorney in your state for a consultation.

2 Answers | Asked in Employment Law for Michigan on
Q: Can I work for a competing company if I signed a Non-Compete for an LLC that I am not employed under within my company?

I work for [Company] Investment Fund III, LLC (Michigan). When I was on boarded for my job, I signed a NDA/Non-Compete agreement that applies to a different [Company] Investment Fund, I LLC (Pennsylvania) but under the same parent company. It states that  I cannot work for a competitor in the... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 9, 2021

Best advice would be to run the documents you have by a local employment attorney. But courts often don't favor non-compete clauses, especially when you are not actively taking business or clients away. And I think a lot is to be said that if a dispute arose, the court may be inclined to apply... Read more »

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