Employment Law Questions & Answers

Q: How likely is it a court will impose punitive damages without physical injury in a breach of contract case?

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Florida on
Answered on Mar 30, 2017

It is my suggest that you speak with an employment law attorney in your area. The ability to get punitive damages is complicated and must be presented with proper steps. In my opinion your question is too complicated to properly answer in this type of forum.
View Details »

Q: petite larceny at 20yrs old plead no contest now 27yrs old will that show for fingerprinting in refrence child care job

1 Answer | Asked in Criminal Law and Employment Law for New York on
Answered on Mar 30, 2017

Call the court to find out if your records were sealed, even if they say "Yes" there's still a chance that the prints will show up in the FBI database.
View Details »

Q: If part of a contract has been breached, is the remainder of the contract still valid?

1 Answer | Asked in Civil Litigation, Contracts and Employment Law for Florida on
Answered on Mar 30, 2017

Typically the breach of a contract by one party does not automatically cancel the contract. Thus, if you choose to breach it could come down to a judge's decision of who breached first or was their breach minor ect.

I strongly suggest that you speak with an employment law attorney in your area about this before you make a decision.
View Details »

Q: Is it slander if someone shows the surveillance video of you to someone else without your permission

1 Answer | Asked in Libel & Slander and Employment Law for Mississippi on
Answered on Mar 30, 2017

Slander only applies if the statement is false. In other words, if they told someone you were stealing, but you weren't actually stealing - that would be slander. Here, the video is not false, therefore it is not slander.
View Details »

Q: My employer just issued a new handbook. In it, it states that you are allowed to used sick leave for immediate family.

1 Answer | Asked in Employment Discrimination and Employment Law for Mississippi on
Answered on Mar 30, 2017

The company is free to define "immediate family" however it wants for the sake of its own policy. I agree that most people would consider parents to be immediate family, but the company is not legally required to give you sick leave for your parents' illness.
View Details »

Q: If I've worked for same co. For 3 yrs and my sister works there also can they fire me now for that reason

1 Answer | Asked in Employment Law and Employment Discrimination for Indiana on
Answered on Mar 29, 2017

Indiana is an at will employment state. Barring federal or state laws, they can fire you for any reason at any time.
View Details »

Q: Do I have a case

1 Answer | Asked in Employment Law for Florida on
Answered on Mar 29, 2017

Maybe, depends why you went to the hospital and what your doctor said. Speak to an attorney, you may have a case but all the facts need to be discussed.
View Details »

Q: I need help with employer long-term disability. Is there someone who can help me dealing with the LTD insurance company

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Illinois on
Answered on Mar 29, 2017

You need to search for an attorney who specializes in employment benefits. You should have done this in 2015. If you search for "employment benefit attorney McHenry County"you should find someone close to you. If not, search for "employment benefit attorney Chicago." There are several good firms in the City who do this work, exclusively.
View Details »

Q: Can I sue if employment was refused based on my having to register as a sex offender? The case is 26 years old.

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Tennessee on
Answered on Mar 29, 2017

Contact a member of the Texas Trial Lawyers who handles employment discrimination cases. Short answer is if your state doesn't have a preclusion of arrests or convictions, then it's not an illegal form of discrimination.
View Details »

Q: my workman comp pymts stopped I was injured January 26th, 2015. It's March 27th,2017 hearing day.

2 Answers | Asked in Employment Law and Workers' Compensation for Illinois on
Answered on Mar 29, 2017

Since you are represented by counsel, you should direct all questions and concerns directly to your attorney. If you are not satisfied with your current attorney consider hiring a new one, although it may be a challenge at this point in time because the new attorney will have to split the legal fees (likely 20% of the total recovery) with your current attorney.
View Details »

Q: Can a company change its vacation policy less than two months before your expected vacation hour increase?

1 Answer | Asked in Employment Law for Louisiana on
Answered on Mar 28, 2017

Yes. A company is free to change its vacation policy moving forward at any time - they can even cancel it entirely. However, they may not retroactively change the policy to take away vacation that has already been accrued and earned. Vacation that has already been accrued is considered the same as earned wages and may not be taken away.
View Details »

Q: My employer who normally direct deposits my check says its their policy to mail out finally checks . Can they do that?

1 Answer | Asked in Employment Law for Louisiana on
Answered on Mar 28, 2017

Yes, they may either mail it directly to you or arrange to let you pick it up at your normal place of work. However, they must send the check with all wages due and owing by either 15 days after your last day of work, or the first payday after your last day of work. If you still have not received the check, you may be eligible for significant statutory penalties.
View Details »

Q: is the 15 day deadline also in place for any previous checks that i did not cash but have asked to be re issued?

1 Answer | Asked in Employment Law for Louisiana on
Answered on Mar 28, 2017

I don't completely understand what you mean by 15 day deadline. If you are asking about an employer's duty to pay a paycheck on time, all the employer is required to do is deliver or mail the check to you. Your failure to cash it on time is not the employer's fault.
View Details »

Q: Can a person be discriminated against during a job search for a two year old arrest with no charges?

1 Answer | Asked in Employment Law and Employment Discrimination for Louisiana on
Answered on Mar 28, 2017

Yes - a privately owned company in Louisiana may legally refuse to hire someone because of prior arrests, even if no charges were filed. Some states have "ban the box" laws limiting employees from considering applicants' criminal history and prior arrests. Louisiana is not one of them. The only exception is government jobs - a 2016 law makes it illegal for state agencies to consider prior criminal history (with some exceptions), and the same is true with New Orleans and Baton Rouge city jobs....
View Details »

Q: Can senior homecare company in NY hire independent contractors to work in client homes? Isn't this illegal in NY?

2 Answers | Asked in Employment Law for New York on
Answered on Mar 27, 2017

NY has enacted something called the Domestic Workers’ Bill of Rights, among other provisions, this law gives domestic workers:

The right to overtime pay at time-and-a-half after 40 hours of work in a week, or 44 hours for workers who live in their employer’s home;

A day of rest (24 hours) every seven days, or overtime pay if they agree to work on that day;

Three paid days of rest each year after one year of work for the same employer; and

Protection under New...
View Details »

Q: Settlement was agreed to by former employer, my Co-D & Plaintiff, absent consent or knowledge from myself, in Pro Per.

1 Answer | Asked in Employment Law, Civil Litigation, Elder Law and Legal Malpractice for California on
Answered on Mar 27, 2017

Your facts are vague. Perhaps you should hire a lawyer or use self-help resources at your local law library. 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. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...
View Details »

Q: Is my non compete binding?

1 Answer | Asked in Employment Law and Construction Law for North Carolina on
Answered on Mar 27, 2017

Generally, non-competes are valid if they are reasonable with respect to time and geography. The time limitation in your non-compete is short, but the geography is potentially large and this inverse relationship is generally valid. But, the clause about "plans on owning property" probably would be too broad. However, this is a very factual determination that depends on more than just the language of the non-compete, but also on the facts of your position and the employer's business. You will...
View Details »

Q: Can I retire and collect WC salary along with my pension?

1 Answer | Asked in Employment Law and Workers' Compensation for New York on
Answered on Mar 27, 2017

You should consult a workers compensation lawyer. Workers compensation by definition is for "workers." If you retire that means you no longer work.

Your future medical care is critical. Years ago in other jurisdictions we would do washouts or full and final settlements. Today the biggest value in an older workers comp case is future medical.

Complicated calculations used to include Medicare set asides and other considerations.

You might only retire once. Don't mess that...
View Details »

Q: can I break a residency md contract that will start in July 2017?

2 Answers | Asked in Contracts and Employment Law for New York on
Answered on Mar 26, 2017

Yes and no, respectively. Employment contacts will not be "specifically enforced," meaning you cannot be forced to work, but if you choose to breach by not working for them the hospital can recover actual damages caused y your actions.
View Details »

Q: Pro Per, co-d former Employer, I have wrongful term complaint, can they release me in a settlement agreement?

1 Answer | Asked in Contracts, Employment Law, Personal Injury and Business Law for California on
Answered on Mar 25, 2017

Is this a class action suit? You do not have to agree to a settlement, as that is your choice whether to do so or not. Your lawyer cannot settle without your approval. 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. I practice law in CA, NY, MA, and DC in the...
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.