Employment Law Questions & Answers

Q: The supervisor has asked me to account for 33 days from a year ago. Is this legal?

1 Answer | Asked in Employment Law for District of Columbia on
Answered on May 24, 2017

Is that a problem? Do you not have records? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...
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Q: I took a leave of absence to care for a sick parent, can I be terminated?

1 Answer | Asked in Employment Law for California on
Answered on May 24, 2017

Your employer is not covered by the California Medical Leave Act or Family Rights Act because there are not 50 employees within 75 miles of the worksite where you are employed. This means that the employer is not required to hold your job open for you until you return.

The proper procedure is to first notify your employer of the need for family care leave, and even if not required by law to provide such leave, often even smaller employers will try to accommodate employee's family leave...
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Q: Should i get compensated for driving to and from job site since its out of town work and takes 1hr each way?

1 Answer | Asked in Employment Law for California on
Answered on May 24, 2017

I would take this question to the California Labor Commissioner's office. You can copy and paste this link into your browser: http://www.dir.ca.gov/dlse/dlse.html

They should be able to give you answers to this and any other question you might have about your work or working conditions or reimbursement for expenses incurred due to your job and/or work.
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Q: Legal for Human Resources to deny position transfer purely based by the sound of my voice? Born with, unable change

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Answered on May 24, 2017

Sounds like bs to me. I would go to HR and file a complaint of discrimination based on a perceived physical condition. If the company's HR department fails to act on your behalf, you can file a claim with the California Department of Fair Employment and Housing (DFEH) or with the federal Equal Employment Opportunity Commission (EEOC).

It is illegal to discriminate against an employee based on an actual physical disability or even a perceived disability, which it sounds like you may...
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Q: An employee has a heart attack on the job and neglected to advise his employer of his heart condition can they sue?

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Answered on May 24, 2017

If the employee can prove that the heart attack was caused by or contributed to by his work, s/he may have a valid worker's compensation claim. Worker's compensation is a no-fault system, and generally, an employer cannot sue her employee for failing to disclose a heart condition unless the employee was required to report the condition and willfully failed to do so to the employer's prejudice.

Particularly for truck drivers, good health is required to maintain a Class A driver's...
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Q: If you are let go through no fault of your own because the business is closing do they need to pay you through the term?

1 Answer | Asked in Contracts and Employment Law for California on
Answered on May 24, 2017

The short answer is no. If the employer can't stay in business because of economic necessity, then they don't have to pay employees for work not performed unless they specified in your contract that you would be given work through a date certain and in reliance you left other work or otherwise changed your status in order to accept the work. In that case, you may be entitled to damages based on what you were promised versus what you were actually provided.
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Q: Do I need a medical release form to return to work?

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Answered on May 24, 2017

Your employer may require a medical release form indicating that you have been released to return to work. However, since you did not go off work on a doctor's orders you don't have a doctor's release to return to work. Have you spoken with your supervisor? Call the HR department and explain your situation. If that doesn't work, go to an urgent care clinic and get a release to return to work.
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Q: I got laid off from a telemarketing company

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Answered on May 24, 2017

Insufficient information to provide a reasonably well informed response.
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Q: As a salaried employee, if I work 1 day a week, am i entitled to a full weeks pay?

1 Answer | Asked in Employment Law for Pennsylvania on
Answered on May 23, 2017
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Q: Is there any way I can work around federal and California discrimination laws regarding national origin, see below.

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Answered on May 23, 2017

If you are discriminating because of a rational business purpose, for example by holding yourself out has a Swedish employment agency, then a requirement to be Swedish would be a legal job criterion. That, in my opinion, would not run afoul of any discrimination laws. It would be no different than if you catered only to Hispanics entering the workforce.
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Q: How do we respond to an employee we terminated in CA that is asking for reason for termination?

1 Answer | Asked in Employment Law for California on
Answered on May 23, 2017

No freebies for employers here. You can afford to hire your own counsel to advise you.
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Q: I work as a firefighter and we have a residency requirement of 60 miles.I wanted to know if this can be challenged

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Answered on May 23, 2017

I would think that your 10 year history of complying with the 60 mile rule with a rented room as your primary place of residence should be plenty of evidence to support you. But you will need local employment law counsel to assist you.
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Q: How long do I have for gross negligence lawsuit?

1 Answer | Asked in Employment Law and Small Claims for California on
Answered on May 23, 2017

Insufficient information. If you were the victim of someone's negligence and were injured, you have two years from the date of the injury to file your lawsuit.
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Q: I need help on getting a subpoena issued to obtain information from my former employeer

1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for California on
Answered on May 23, 2017

You can take your claim to the California labor Commissioner. They will assist you with everything you need. Just do a Google search for California labor Commissioner and you can go from there.
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Q: The job interview I went to, the job description sent to me, the offer to me, and the job I accepted was a..

1 Answer | Asked in Employment Law, Workers' Compensation, Business Law and Employment Discrimination for California on
Answered on May 23, 2017

Sounds to me like fraud and breach of contract. I recommend you find a competent employment law firm to assist you with your claims.
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Q: Forced to remove top while working in retail.

1 Answer | Asked in Employment Law for Florida on
Answered on May 23, 2017

I don't think you have a case. Why wouldn't they allow you to iron your uniform in the bathroom?
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Q: Can someone be legally terminated as a result of being baker acted?

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Answered on May 23, 2017

Probably. Consult an employment law attorney.
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Q: I was going 2 resign due 2 wage & hr dispute. Boss asked me 2 stay we talked. He now is taking my hrs. Is this right?

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Answered on May 23, 2017

There is not enough information in this post to give you detailed advice. Really, you need to consult with an experienced employment attorney for such advice. Even so, under both state and federal law, an employer must pay you overtime for all hour worked over 40 in a workweek. This assumes that you are a non-exempt employee and that you do not work for the government. If you lodge a complaint about, or report, a failure to comply with the Wage and Hour law, it is unlawful for the employer...
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Q: What rights do employers have if you find out that an employee who's been let go is a habitual claimant?

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Answered on May 23, 2017

Past cases are typically irrelevant. The facts of the current case are crucial. Past case facts, if similar, might be used for impeachment purposes. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following...
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Q: Here's a question-

1 Answer | Asked in Copyright, Intellectual Property, Trademark and Employment Law for New York on
Answered on May 22, 2017

I don't hear an IP violation here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does...
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