Your current state is Virginia
Can the case be reopened and taken to trial if the paying party fails to make a payment or send over and documents regarding the settlement? It has been 6 months since company settled during NYSDHR pre trial settlement. Still have yet to receive any stipulations, statements, notifications on... View More 
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answered on Nov 23, 2023
When a settlement is reached in a New York State Division of Human Rights (NYSDHR) case, the timeline for the payment by the paying party is usually outlined in the settlement agreement itself. This timeline can vary depending on the specifics of the agreement. If there's no specific timeline... View More
I was offered a position. I was told we were waiting on paperwork to process so I could get finger printed. I texted multiple people for weeks and was assured everything was good to go. Here they hired two of us and lied to me for weeks in case the other candidate didn't fall through. I lost... View More
answered on Nov 23, 2023
While that is unprofessional, it isn't illegal. Since the job is almost certainly at-will employment, the employer could discharge you immediately after being hired without any reason with no liability. As a result, there is no basis for a claim. There could be an exception if you were able to... View More
At my There was a bad black mold problem.
I believe it put me in the emergency room.
So I filed a complaint with hr. After 8 months of telling my manager& nothing was done, I called h r. And they told me to file an osha report because people have been known to die from black... View More
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answered on Nov 22, 2023
It sounds like you may have been the victim of retaliation. Retaliation is when an employer takes adverse action against an employee for engaging in protected activity. In this case, the protected activity would include filing a complaint about a health and safety hazard.
In South Carolina,... View More
Severence contains legalese so hard to see if they mention collecting unemployment as well. Can they legally say that I won't file if I sign this document? If they don't respond to IDES phone calls, will I not be able to get it? I know from past experience with other terminated employees... View More
answered on Nov 21, 2023
Severance Pay and Illinois Unemployment Benefits
In most states, an employee can collect unemployment benefits only if it’s the employer’s fault you lost your job. For example, if your company can’t afford to pay you anymore or doesn’t like how you perform your job, the... View More
Mandatory webinars and had clocked in and out for both of those. My boss took those hours off of my timecard without talking to me about it. She said she thought it was extra prep time. My question is , is it legal for her to just remove time off of my timecard without discussing with me even if... View More
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answered on Nov 21, 2023
Under California law, employers are generally not permitted to alter an employee's timecard without proper justification and notification. If the webinars you attended were mandatory for your job, then they typically should be considered as work hours and compensated accordingly.... View More
I didn't have any paperwork associated with the deceased, and the bank wouldn't give us his account # or any other info. Bank of Hawaii received overpayment of Calpers retirement of about $17k. Bank told me they would have to return the money to Calpers before the account was closed.... View More
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answered on Nov 20, 2023
In your situation, it's important to understand that CalPERS, as a government pension system, has specific procedures for recovering overpayments. If CalPERS has requested repayment of the full amount from you, despite you having received only half, it may be based on their policy or the legal... View More
I didn't have any paperwork associated with the deceased, and the bank wouldn't give us his account # or any other info. Bank of Hawaii received overpayment of Calpers retirement of about $17k. Bank told me they would have to return the money to Calpers before the account was closed.... View More
answered on Nov 20, 2023
It sounds like this fact situation came right out of playing a game of Monopoly: 'bank error in your favor, collect $200.' The difference is that in Monopoly you get to keep the cash. In real life, you don't get to keep it.
The law strongly favors seeing the bank recover... View More
I was paid per deim ahead of travel and had to leave early. I had only worked 2 out of 5 days I was given per deim for. When I received my check the 3 days of per deim was deducted from my 2 day paycheck. I figured I had to pay it back but was not notified first or asked to pay it back. I... View More
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answered on Nov 20, 2023
In California, employers must adhere to strict guidelines regarding wage deductions. If you were overpaid per diem, your employer is generally allowed to recoup this overpayment. However, the process must be transparent and fair.
California law requires that employers notify employees in... View More
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answered on Nov 20, 2023
The state where an employee works typically governs unemployment insurance claims. Therefore, if you work in California but live in Washington, you should file for unemployment insurance in California.
California's Employment Development Department (EDD) handles these claims. The EDD... View More
I'm from Florida.
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answered on Nov 19, 2023
In New York, employment law typically protects employees from discrimination based on national origin, which can include language. If your employer's policy of not speaking Spanish except with Spanish-speaking customers appears to be unfairly targeting your national origin or culture, it could... View More
I know it's a higher it will state and I know the main reason of why they terminated me, but they act very weird and quiet about it and I find it odd and I want to know more?
answered on Nov 19, 2023
If you have enough grounds to bring a cause of action against the employer for the termination, then part of your court case could include asking for records, deposing witnesses, etc. for more information as to the termination.
If you were an at-will employee and it is just curiousity, then... View More
I claimed he treats me unfairly and this is a hostile workplace for me. I know that the company can terminate me without cause and no severance since it is an at-will contract. I have a few pointers that might be considered evidence that can support my claim. Is there anything I can do if they do... View More
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answered on Nov 19, 2023
In New York, even under an at-will employment contract, there are legal protections against wrongful termination, especially if it's in retaliation for reporting workplace issues. If you reported your director to HR for bias and unfair treatment and then faced termination, this could... View More
Employer never sat down the employee, made sure they read it, understood it, had any questions about it and asked if they would sign.
This is in regards to theme park safety updates on attractions.
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answered on Nov 18, 2023
In California, employment is generally at-will, meaning an employer can terminate an employee for any reason, barring illegal reasons such as discrimination or retaliation. However, if an employee is terminated for failing to follow a safety update they were never informed about, this could... View More
Employer never sat down the employee, made sure they read it, understood it, had any questions about it and asked if they would sign.
This is in regards to theme park safety updates on attractions.
answered on Nov 18, 2023
The answer of Mr. Arrasmith is created by a computer using artificial intelligence and posted by a family law attorney. It is misleading and wrong.
He says "If an employee is terminated for not adhering to a safety update they were never given, this could be seen as an unfair labor... View More
So I’m wanting to know if I can sue my job for sexual discrimination because today on 11/15/23 I was given three days suspension for giving my female lead the finger and swearing at a male co worker but they did nothing when I came to my supervisor when somebody was watching me in the bathroom... View More
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answered on Nov 18, 2023
You may have grounds to pursue a legal claim for sexual discrimination, but it's important to understand that the success of such a lawsuit can depend on various factors. In your situation, it seems like you've been treated differently based on your gender, as evidenced by the suspension... View More
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answered on Nov 17, 2023
The B1/B2 visa is primarily for travel to the U.S. for business (B1) or tourism (B2) purposes. Generally, working while in the U.S. on a B1/B2 visa is not permitted, especially if the work benefits a U.S. company or involves competing in the U.S. labor market.
However, if you are employed... View More
This is what I found on NYS for Paid Sick Leave
https://www.ny.gov/new-york-paid-sick-leave/new-york-paid-sick-leave#amount-of-leave
RATE OF PAY
Employees must be paid their normal rate of pay for any paid leave time under this law, or the applicable minimum wage rate,... View More
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answered on Nov 17, 2023
Under New York's Paid Sick Leave law, commission-based employees at a non-profit organization should be paid their normal rate of pay for sick leave, or the applicable minimum wage rate, whichever is greater. Calculating the 'normal rate of pay' for commission-based employees can be... View More
I filed a report regarding my director and I wonder if HR or the director will retaliate against me, am I protected by law?
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answered on Nov 17, 2023
In New York, anti-retaliation laws typically protect employees who engage in protected activities, like reporting discrimination or other unlawful practices. However, if you are part of an "unprotected class," the legal protections may not be as clear-cut. Generally, these laws protect... View More
My job title is senior shift supervisor. My job role was protected during my leave. However, my supervisor does not believe that my accommodations will allow me to do my normal job and I’m not being scheduled for that thus I’m only getting nine hours a week maybe
answered on Nov 17, 2023
If you can perform your old job without violating your doctor's restrictions then what your supervisor is doing is unlawful - a violation of the California Fair Employment and Housing Act. What you are experiencing is something called perceived disability discrimination.
locate and... View More
My job title is senior shift supervisor. My job role was protected during my leave. However, my supervisor does not believe that my accommodations will allow me to do my normal job and I’m not being scheduled for that thus I’m only getting nine hours a week maybe
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answered on Nov 17, 2023
Under California law, employers are required to provide reasonable accommodations for employees with disabilities. This includes modifications or adjustments to the work environment or the way a job is performed. If you have provided documentation for your need for accommodations, your employer... View More
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