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Employment Law Questions & Answers
2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Is it illegal for my manager to call me "guedo" at work because i'm the only one who doesn't speak spanish?

it's my 1st week on the job. I believe the term means whitey or white boy and is slang. I don't know what I should do the next time she does it. I find it inappropriate. Is that a law suit? Do I walk out when she does it because I feel uncomfortable? Should I go to a laywer first or HR?

Neil Pedersen
Neil Pedersen answered on Jul 14, 2020

I know the term "guido" is defined in an English dictionary as "a man, especially an Italian American, regarded as vain, aggressively masculine, and socially unsophisticated." I do not know what it may mean in other languages.

Calling you by a race or national origin...
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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Employer accepted WORK COMP Claim but stated cannot pay, is that legal in WC?

I received a memo 3/24/20, from WC Office / self insured, that states Injured worker became P&S as of 2/4/20, IME Report. The claim for industrial injury has been accepted, but WC office states it cannot pay for time lost from 3/18/20 and continue while the Division explores alternative work... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jul 14, 2020

You need to talk to a Worker's Compensation attorney, and ask her/him to handle your case for you. Your employer is not your friend when it comes to a worker's compensation claim, because it then goes into the hands of the worker's compensation insurance company for the employer. And... Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: I signed a contract for a school for the upcoming year and want to know if I can back out without any legal consequence

Contract says: It is hereby agreed between the Board of Education of School District #10 and the undersigned licensed staff member that the licensed staff member will teach in the schools of the district for the 2020-2021 school year. It is further understood and agreed that this contract is... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jul 14, 2020

I doubt that is the entire contract, as those contracts usually gone on for several pages, and no attorney can give you an answer without reviewing the entire contract.

1 Answer | Asked in Criminal Law, Employment Law, Federal Crimes and Sexual Harassment for New Jersey on
Q: Is there a Statute of limitations in NJ for sexual assault? Can I stay anonymous? This person was just publicized.

This happened at a place of employment.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 14, 2020

Yes a statute of limitations does exist both for the criminal charges and the civil charges. Speak with a lawyer if you have been assaulted you may be entitled to a large recovery for your injuries.

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can my employer deny days off when submitted 5 months in advance

I submitted for 2 days off the night before my boss came back from his 2 days off so he would have it in the am. I did it 5 months in advance and took a pic of it incase he looses it cuz it's happened before. 5 months later he calls me at 530 on his day off to ask you if wasn't at work.... Read more »

Neil Pedersen
Neil Pedersen answered on Jul 13, 2020

Unfortunately, there is nothing unlawful about your employer denying you days off unless you can prove it is motivated by your membership in a protected class of people (i.e., race, religion, etc.) or because you engaged in some form of legally protected conduct. Taking a picture of your request... Read more »

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1 Answer | Asked in Employment Law for California on
Q: Is it true if a company take the paycheck protection program loan n under the Cares act and keep the same workforce ?

Is it true if a company take the paycheck protection program loan under the Cares act and keep the same workforce or salary levels the company qualify for loan forgiveness? So this means my job can't fire me or they will have to pay the loan back

Neil Pedersen
Neil Pedersen answered on Jul 13, 2020

An employer does not have to keep the same workforce it had before it gets a PPP loan. If it fails to maintain at least 75% of the number of employees employed in the pre-COVID workforce, it will have its forgiveness reduced, but the company is not disqualified altogether unless the number of... Read more »

1 Answer | Asked in Employment Law for Arizona on
Q: I have accepted a job offer and I now want to rescind my acceptance, the job is at will, will I face legal repercussion
Peter H. Westby
Peter H. Westby answered on Jul 13, 2020

You could have legal consequences. It depends upon the facts of the situation and any document or agreement that you may have signed. I recommend speaking with an employment law attorney to learn your legal rights and options before making a decision.

1 Answer | Asked in Business Law, Civil Litigation and Employment Law for California on
Q: I was laid off in June 2017 from a company who still owes me commissions is it too late to collect

initially the owner of the company had agreed that he would meet with me discuss money owed later he has nothing for me that agrement says I get paid when they get paid and since I'm no longer with the company I am not entitled to commissions

Maurice Mandel II
Maurice Mandel II answered on Jul 13, 2020

Under the California Labor Code, all commission agreements must be in writing. The statute of limitations for enforcing a written agreement is 4 years. The SoL for enforcing a violation of the Labor Code is 3 years. So, if you have a written agreement, you still have time, if you don't you... Read more »

2 Answers | Asked in Employment Law for New York on
Q: In NY, if the employee handbook says "there will be no payout for unused vacation time for terminations," could I

theoretically be entitled to unused vacation time if I voluntarily resigned (i.e., I quit on my own volition to take another position elsewhere)?

V. Jonas Urba
V. Jonas Urba answered on Jul 13, 2020

Employee handbooks are rarely contracts. And most can be changed at any time with or without notice.

Is the employer applying its earned leave policy uniformly for all those who have been or are similarly situated to the facts surrounding your departure?

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1 Answer | Asked in Employment Law for California on
Q: My boss told me someone made a rumor that we were sleeping together, but no one got fired what can I do?

A meeting was held with our DM about respect towards each other, he told me about the rumor after on the down low, No consequences happened. He told me to not bother looking for the person who started the rumor, and he won’t tell me. Is there anything I could or should do?

Neil Pedersen
Neil Pedersen answered on Jul 12, 2020

If the rumors are allowed to continue, you may have a claim for sexual harassment in the workplace. However, for right now, it seems your employer has acted appropriately. It got wind of the rumor and has taken action to try to shut it down. Wait to see if anything else develops. If the rumor... Read more »

1 Answer | Asked in Employment Law for California on
Q: I work in a fast food franchise in California. My employer caps my tips at $5 per/hr + the minimum wage. Is that legal?

I never make more than 18 an hour even if customers tip enough for every employee to receive more than that in gratuities.

Neil Pedersen
Neil Pedersen answered on Jul 12, 2020

Your employer is violating California law. It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Employment Law for California on
Q: I was laid off in June 2017 from a company who still owes me commissions is it too late to collect

initially the owner of the company had agreed that he would meet with me discuss money owed later he has nothing for me that agrement says I get paid when they get paid and since I'm no longer with the company I am not entitled to commissions

Neil Pedersen
Neil Pedersen answered on Jul 12, 2020

If you have a written agreement that gives you the right to the commissions, then you have four years from the date of the breach of that written agreement to bring a lawsuit to collect those commissions.

It would be wise to locate and consult with an experienced employment law attorney as...
Read more »

1 Answer | Asked in Employment Law, Personal Injury and Employment Discrimination for Florida on
Q: I have spent 4 years trying to get HR to help me. They didn't trust or believe me. It took 9 people quit
Tim Akpinar
Tim Akpinar answered on Jul 11, 2020

A Florida attorney could advise best, but your post remains open for a week. If this involved an injury (you included Personal Injury in your categories), it isn't clear from the brief description what type of injury it was. If there was an injury that arose in the course of employment, a... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: Kirk Angel: Do you know Dept of Labor law regarding suspending employees? You said there's no legal way it must happen

Please read 25 NCAC 01J .0611 DISCIPLINARY SUSPENSION WITHOUT PAY.

Attorney in Fayetteville routinely suspends employees (without cause) then allows them back then suspends them again and again hoping employees will quit. Either way...suspended employee or employee who quits is not able to... Read more »

Kirk Angel
Kirk Angel answered on Jul 11, 2020

I am confused by this post. Are you saying you are a state employee? 25 NCAC 01j.0611 is part of the NC State Human Resources Act which applies to state employees only. A state employee would be advised of a suspension. What does the attorney in Fayetteville have to do with that? Is the attorney... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: HR txt: "You are suspended (not terminated) without pay until further notice. We will let you know when you may return."

No disciplinary actions ever. Is the txt legal and am I entitled to unemployment?

Kirk Angel
Kirk Angel answered on Jul 11, 2020

There is no specific "legal" way for an employer to terminate your employment or communicate suspensions etc. They can tell you in person, call you text you, or communicate it in any other way. In fact, that can communicate it non-verbally such as by changing the keys to the facility or... Read more »

1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for Tennessee on
Q: Can my manager comment on my mental health issues?

I work at a retail store as a pharmacy technician. I have ADHD, anxiety, and depression. I take medication for all of these conditions, and for the most part, I feel they’re under control and that I do my job reasonably well. I’ve always been pretty upfront about my struggles, so they're... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 11, 2020

I'm sorry for your ordeal and that your post remains open for five weeks. At this point, you could consider reaching out to Tennessee employment attorneys to discuss your matter in confidence. The format here is brief general questions, and your description seems more complex than something... Read more »

2 Answers | Asked in Employment Law for California on
Q: As a Non Emergency Medical Transport Driver should I be getting paid for waiting on clients or time between rides?

Hourly Employee

Fresno CA

25-35 hours a week

Only paid for time actually driving.

Not paid for time waiting on site for clients or fueling vehicle

8-12 hour days only paid for 6-9 hours.

What hours should I be getting paid for?

Neil Pedersen
Neil Pedersen answered on Jul 11, 2020

You should be paid for all time you are required to spend carrying out your job, including waiting time and refueling the vehicle. It sounds like you are losing regular and overtime pay.

You have options about how to proceed.

You can hire an attorney to demand payment and attempt...
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2 Answers | Asked in Employment Law for California on
Q: i went a furlough back in March, My furlough letter states that i would keep my seniority with the company.

i went a furlough back in March, My furlough letter states that i would keep my seniority with the company. They called me to go back to work but someoone else is doing my job my tittle was accounting assistant i was in charge of Payroll now i'm doing little administrative duties and HR... Read more »

Neil Pedersen
Neil Pedersen answered on Jul 10, 2020

Most people do not know this, but a furlough is the exact same thing as a termination in the eyes of the law if the furlough is for more than the length of the pay period. Your employer can state an intention to bring you back, but that is not an enforceable right. If the employer wants to bring... Read more »

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1 Answer | Asked in Business Law, Employment Discrimination and Employment Law for Ohio on
Q: In Ohio, can tan employer request a background check before making an offer?

The Company is in Cleveland Ohio, and requesting a complete background check. No offer made.

Hunter G. Cavell
Hunter G. Cavell answered on Jul 9, 2020

There are very specific privacy laws surrounding this. Talk with an employment attorney. Also, background checks are not free, so it is a good sign that they are requesting it, but I have only heard of background checks requested after a conditional offer is made and accepted. Talk to an employment... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Kentucky on
Q: My husband was fired during a Dr’s order to quarantine due to his contact with someone who died of covid 19.

What can we do?

Timothy Denison
Timothy Denison answered on Jul 9, 2020

Probably not much bc Kentucky is an at will employment state, meaning they can fire you for any reason or no reason at all.

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