Employment Law Questions & Answers

Q: I went to human resources about an incident over another employee harrassing and intimadating me, in general scaring me.

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Tennessee on
Answered on Jul 17, 2018
Mr. Kent Thomas Jones Esq.'s answer
The employer can't terminate you for simply reporting harassment, if the facts are as above-stated. The question is why did they decide to terminate you upon investigation? There may be a reason, and there may not be a reason. There is no way to know just based on this statement. I would suggest consulting with a local employment discrimination attorney.
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Q: Is there anyway to become a vet tech w/ felonies of drug possession & burglary on record from youthful indescresion?

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Employment Law for Georgia on
Answered on Jul 17, 2018
David Edward Boyle's answer
Whether an employer will hire you is the only test. Private employers can set their own criteria for hiring.
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Q: I feel I'm being harrased at work because my disability. Can I sue?

1 Answer | Asked in Employment Law and Personal Injury for Missouri on
Answered on Jul 16, 2018
Ronald J. Eisenberg's answer
You must get your right-to-sue letter first. Confer with a local employment law attorney. These cases are tough and without an attorney your odds of success are slim.
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Q: Is my employer legally allowed to force me to disclose details about my sealed record?

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Answered on Jul 16, 2018
Matthew Williams' answer
You are not legally required to disclose any information pertaining to your sealed record. The dismissal depends on the law from another state. But, the rub for you, since they found it, is that they don't have to hire you. So, you can refuse to explain and they can simply take the job somewhere else.
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Q: I'm an employee & was personally served a Small Claims notice from someone suing the biz. How do I get out of it?

2 Answers | Asked in Consumer Law, Contracts and Employment Law for California on
Answered on Jul 16, 2018
Gerald Barry Dorfman's answer
If the lawsuit is only against the business, and you are not named personally, just turn the papers you were served over to the owner of the business, or the legal department. Merely being served papers on behalf of a business entity does not make you personally responsible for the underlying claim.
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Q: Can my employer make me work out a 4 week notice?

1 Answer | Asked in Employment Law for Tennessee on
Answered on Jul 16, 2018
Mr. Kent Thomas Jones Esq.'s answer
If you are leaving because of an unscheduled change in circumstance, I don't think anyone can "make" you work; however, you will probably not be able to use them as a good reference.
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Q: If I gave a two week notice and then two days later my employer deducted money from my paycheck, dropping me to $3/hr?

1 Answer | Asked in Employment Law for North Carolina on
Answered on Jul 15, 2018
Kirk Angel's answer
Not if you are an employee. The wage and hour law covering employers in this state require the employer to give notice of a pay change before the work is performed. Employers must also must pay minimum wage and $3.00 is well below minimum wage. You can contact the North Carolina Department of Labor's Wage and Hour Bureau to file a charge. www.labor.nc.gov
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Q: How can I get my money back from geico or domino's frenshise commercial insurance?

1 Answer | Asked in Employment Law, Workers' Compensation, Insurance Bad Faith and Insurance Defense for New Jersey on
Answered on Jul 15, 2018
Leonard R. Boyer's answer
You have no chance of winning unless you retain an experienced litigation attorney. It is that simple. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find...
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Q: MY TTD BENEFITS STOPPED FOR NO REASON.I HAVE OFFICIAL PROOF THAT SHES WRONG. CAN I FILE A CLAIM AGAINST MY EMPLOYER ..?

1 Answer | Asked in Employment Law and Insurance Bad Faith for California on
Answered on Jul 14, 2018
William John Light's answer
If there is "no reason", how can "she" be wrong? To be wrong, "she" must have had a reason. It makes no sense.

You need to consult with a workers compensation attorney. Do a Google/Bing/Yahoo search for your area and make some calls; or, talk to your HR Dept.
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Q: I would like Negotiating my severance package, Florida law

2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Answered on Jul 13, 2018
Ashley Ann Krapacs' answer
Just because their HR investigation determined that there was no age discrimination issue, that doesn’t mean you might not still have a case against them. If you do have a case, you’ll definitely want to negotiate for more than what they’re offering you. You should contact an attorney who can tell you if you may be able to sue. If you can, that will certainly give you more leverage in the negotiation. Feel free to reach out direct if you’d like a consultation this weekend.
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Q: Employment aid option for unpaid wages.

1 Answer | Asked in Employment Law for Tennessee on
Answered on Jul 13, 2018
Mr. Kent Thomas Jones Esq.'s answer
Generally speaking, Tennessee is an Employment-at-Will State, and an employer can terminate or demote you for no reason whatsoever as long as it is not illegal and/or outside of contract with you. If you seriously believe that one of these things has happened, then you should consult with local counsel immediately.
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Q: How can I get my money back from geico or Domino's frenshise commercial insurance?

2 Answers | Asked in Criminal Law, Employment Law, Workers' Compensation and Civil Litigation for New Jersey on
Answered on Jul 13, 2018
H. Scott Aalsberg Esq.'s answer
You may want to repost your question under insurance law so you get more responses as it is not a criminal law question.
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Q: Recourse for Failure to Notify of Non-Renewal of Contract/Past Practices Question - Union CBA

1 Answer | Asked in Employment Law for Michigan on
Answered on Jul 13, 2018
Marlo Bruch's answer
I recommend that your wife bring all of her employment documents, CBA and contracts to a local employment law attorney to review who also handles education law. Without seeing the actual language, it is difficult to make a recommendation.
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Q: Cameras + audio recording in the office?

1 Answer | Asked in Employment Law for Tennessee on
Answered on Jul 13, 2018
Mr. Kent Thomas Jones Esq.'s answer
I don't think it is illegal. Why don't you quit worrying about it and work somewhere else?
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Q: I work at a food establishment in Florida when I was hired the starting pay was $11 an hour about 6 months ago they wen

2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Answered on Jul 12, 2018
Terrence H Thorgaard's answer
No, they don't have to pay you any hourly rate above the minimum wage.
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Q: Can I do something to get my job to pay me my last check or do i take a loss?

2 Answers | Asked in Employment Law for New York on
Answered on Jul 11, 2018
V. Jonas Urba's answer
Contact the Department of Labor to inquire.
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Q: My employer keeps asking me to quit because he said i was a health risk and isnt paying me right. Do I have a case?

1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for North Carolina on
Answered on Jul 11, 2018
Kirk Angel's answer
If your employer is not paying you the promised wage, and has not notified you in writing that the promised wage changed, then you can file a claim for the unpaid portion. In this case it appears that would be one cent.

In general, just talking to you about resigning or even encouraging you to do so does not violate the law. However, if you are FMLA eligible and the employer is denying your FMLA leave rights or the employer terminates you for exercising those rights or because you have...
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Q: I crashed a company vehicle (into dirt) and ended up getting a dui. My employer took damage costs out of my last check?

1 Answer | Asked in Car Accidents, Contracts, DUI / DWI and Employment Law for Utah on
Answered on Jul 10, 2018
Michael S. Edwards' answer
Well, if you owe them the money for the damage you caused, it seems that they simply applied "self-help," and got the money back from you quickly through your check. I don't know that there is any legal action you can bring to recover the money, unless you truly don't owe the money to them.

The bigger question is: what are you doing to deal with the DUI? You need to get the help of a good criminal defense attorney to help you with your DUI case. Good luck!
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Q: How many hours in the day/week is my boss allowed to make me work? One week I worked over 70hrs.

1 Answer | Asked in Employment Law for New York on
Answered on Jul 10, 2018
V. Jonas Urba's answer
Regardless of what you are called, the discretion and independent judgment you exercise in your duties determine whether you are exempt from overtime. What you are called is almost irrelevant. The question is are you exempt?

Since you have no union, assuming you do not work for the government, and assuming you have no written term contract of employment you are "at will." That means you can leave or they can ask you to leave at any time, for no reason at all.

Most employees who...
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Q: My son works for Domino's Pizza in TX, and he was in a car accident (fault of the other person) while on a delivery.

1 Answer | Asked in Employment Law, Workers' Compensation and Car Accidents for Texas on
Answered on Jul 10, 2018
S. Michael Graham's answer
If the employer purchased a policy of workers' compensation, your son could get his medical expenses and lost time paid through the workers' comp carrier. You cannot collect pain and suffering under workers' comp because it is a policy of insurance only. Your son could make a claim against the person that ran into him provided you can prove up fault. Under the tort claim, pain and suffering are legally allowable damages provided you can prove up pain and suffering. You need to contact an...
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