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Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Florida on
Q: Hi 25 years working. U get demoted. Can they cut ur pay?
Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 6, 2021

Yes.

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Michigan on
Q: Can I file a lawsuit against someone for defamation of character and discrimination?I have proof ? Accusing me of crime

A supervisor at my old job is accusing me of committing a crime of vandalism on his vehicle, there is no evidence against me but I have messages of him calling me a criminal saying and also telling people it was me who committed the crime of a vandalism act to his vehicle , he even reported my name... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 5, 2021

You probably could take him to court, but unless you have provable damages, I don't know what good it will do. Defamation and any civil claim is different and carries a different burden of proof than a criminal case.

1 Answer | Asked in Employment Discrimination, Employment Law and Immigration Law for New York on
Q: How to gain right to work for non us citizen?

All talent that we represent must either be a US citizen or have the

right to work within the US. In order to work in the adult industry in

the US two forms of US issued id's are required

Kevin L Dixler
Kevin L Dixler answered on Mar 4, 2021

That’s the law. You must be authorized to work. Those who are lawful permanent residents have the right to work, as well.

An employer has no obligation to petition someone for a work visa. The law requires the U.S. employer to first seek someone with the minimum requirements for the job...
Read more »

1 Answer | Asked in Employment Law for California on
Q: Hello, I’m in a situation where I haven’t gotten paid..

So i started working on February 1st as contractor for a company and on the 19th of February was my last day, only a temp job.

I was supposed to get paid by the 22nd and nothing has happened at all, so I called and they said they’ll take care of it and so far nothing is happening

Neil Pedersen
Neil Pedersen answered on Mar 3, 2021

You say you were hired as a contractor. If you were lawfully classified as a contractor and not an employee then your right to be paid will be determined by the agreement you entered into with the company - not the California Labor Code.

That said, many employers are still getting it wrong...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: My employer is asking me to take a pay cut but no one else. I’m the only African American there. Is this legal?

I refused a paycut but I feel they may still act on it even though I’ve refused.

Kyle Anderson
Kyle Anderson answered on Mar 3, 2021

Hi, more information is needed here. Has anyone made any comments to you about your race or why you were the only selected for a paycut? I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Employment Law and Personal Injury for Washington on
Q: I broke my foot at home I live in Wisconsin, can my employer fire me if I'm under my doctor's care?
Kyle Anderson
Kyle Anderson answered on Mar 3, 2021

Hello, under the Americans with Disabilities Act, you likely do not have protection. However, your leave may be protected under the Family and Medical Leave Act "FMLA", you may have protection depending on the seriousness of the injury, the size of the employer, and other factors. I would... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: My wages may be docked due to an overpayment a customer had, what can I do to protect myself?

(I was not the one working the register but I was involved in helping the card charge and attempting to fix a mistake a co-worker made)

Rhiannon Herbert
Rhiannon Herbert answered on Mar 3, 2021

Your employer would be permitted to reduce your wages in this situation, but it cannot reduce your pay so much that your equivalent hourly rate falls below minimum wage. For example, if you work 8 hours per day and your employer reduces your wages from $100 per day to $50 per day, your equivalent... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law on
Q: I have been asked to sign a form at work regarding the fact I have declined my covid vaccine and so I won’t get sick pay

I have been asked to sign a form at work regarding the fact I have declined my covid vaccine and this therefore means I may not receive sick pay if I contract covid along with some other statements I need to agree to, and I don’t know what my rights are if I don’t sign it

Rhiannon Herbert
Rhiannon Herbert answered on Mar 3, 2021

Since there is no federal law that mandates paid sick time or any other form of paid time off, your employer may limit or condition your receipt of sick pay it does offer. Your employer's above condition on sick pay is lawful.

1 Answer | Asked in Employment Law for California on
Q: If I get a parking citation while in a company vehicle do I have to pay? Can my employer take it out of my paycheck?

My company does not have policy on this. It's subjective. The ticket was against the vehicle not myself

Neil Pedersen
Neil Pedersen answered on Mar 2, 2021

If you parked illegally, you can be held responsible for paying for the violation. Your employer has no legal duty to pay for your fines associated with unlawful conduct. If the citation was for some kind of vehicle-related failure, such as fix-it tickets or no registration tag, then the employer... Read more »

2 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for California on
Q: How do I go about getting my restrictions changed by an AME now that I have completed my the

How do I go about getting my restrictions changed by an AME now that I have completed my therapy and him requesting me to return after the therapy and medical test were completed.

Neil Pedersen
Neil Pedersen answered on Mar 2, 2021

This is a question you need to speak to your workers compensation attorney about. If you do not have a workers compensation attorney, you need to get one. You need an advocate that will fight to get you all of the benefits you are entitled to receive and if you are trying to do this yourself... Read more »

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1 Answer | Asked in Employment Law for California on
Q: My former employer purchased my shares under the fake pretense that the shares were valued lower than they really were.

Can I sue them?

Robert Philip Cogan
Robert Philip Cogan answered on Mar 2, 2021

This is America. You can always sue someone. The actual question is whether suing will get you a good result for a price that does not exceed the amount you are seeking. Proving low valuation and fake pretense can be difficult. A detailed set of facts must be reviewed.

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Got fired for gallbladder problems, causing me to passout at work.

I told my managers that i was going to the doctor and was waiting for a call to get an ultrasound. But i passed out several times at work over the weekend and i was slumped over in pain several times. Someone took a pict of me saying i was asleep for 30 mins. I wasnt, i was just in pain. HR called... Read more »

Jonathan William Doolan
Jonathan William Doolan answered on Mar 1, 2021

There are several issues that would need to be addressed to properly answer this question, including how many employees the company has and how long you worked there. I would suggest contacting an employment attorney in your area to see if they offer a free consultation.

1 Answer | Asked in Employment Law and Health Care Law for California on
Q: Is it legal for an employer to terminate you if you’re dying at the hospital?

My father is being hospitalized from COVID and his prognosis is grim. It’s likely he will not be returning to work indefinitely. I need to update his address on file to my address as he no longer lives at the house he was renting. I have to go through the HR department at his work in order to... Read more »

Neil Pedersen
Neil Pedersen answered on Mar 1, 2021

An employer can lawfully terminate an employee who is out on leave if the leave is indefinite and there is no communication to the employer that suggests additional unpaid leave would allow the employee to return to work within a reasonably defined period of time. If he is terminated and dropped... Read more »

1 Answer | Asked in Employment Law for Tennessee on
Q: I worked in KY but live in TN & owner of business lives in TN. I was not paid. What state do I file complaint in?

I worked for a pharmacy in Ky and was not paid for hours worked or reimbursed for expenses like mileage and hotel bills that were agreed to be paid by owner. I live in TN and the owner lives in TN, but the business is incorporated. What state do I file a complaint in as far as small claims court?

Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2021

Kentucky is the venue of the contract and its breach, so I would file there first. If successful, it will be a foreign judgment which must be used in TN to collect. If you file in General Sessions here, defendant will claim no jurisdiction.

1 Answer | Asked in Criminal Law, Employment Discrimination, Employment Law and Personal Injury for Texas on
Q: I am a victims of an attack and assaulted at the work place parking lot by another co-worker as I was unlocking my car.

I work a privately own Medical establishment. The owner who is having me come to work Monday 03/01/2021 in a Hostile environment with the Attacker. And refusing to pay me Medical Leave , due to I am Traumatized and need Medical help and I am scared of my Attacker. The Attacker who's worked... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 28, 2021

Contact a member of the texas Trial Lawyers association who handles workers compensation cases in your county. you can discuss with him the options you may have for other claims.

You can also report the assault to the police.

1 Answer | Asked in Business Law, Contracts and Employment Law for Georgia on
Q: Noncompete enforceable? Sold my Georgia business, sale contract says Pennsylvania jurisdiction, 4 employees in GA now

Never did Bill of Sale, only an asset purchase agreement. They breached multiple items of the sale agreement. Have asset sale agreement and employment agreement with Buyer. They changed me from 20 hrs/week salaried manager to hourly worker as needed and haven’t given me any work in two weeks... Read more »

Paul C. Jensen Jr.
Paul C. Jensen Jr. answered on Feb 27, 2021

It depends. Both Georgia and Pennsylvania courts will enforce valid restrictive covenants. Generally, to be enforceable, non-compete agreements must be reasonable as to time, geography, and activities restricted. In addition, courts are generally more tolerant of broad restrictions in a non-compete... Read more »

1 Answer | Asked in Employment Law on
Q: If I have a restraint of trade can I leave and work for someone else?

I have been approached by a company that is not a competitor of where I work to work for them using my skill set to work with their already established client base. Will this breach my restraint of trade.

Paul C. Jensen Jr.
Paul C. Jensen Jr. answered on Feb 27, 2021

It depends. In jurisdictions where restrictive covenants are enforceable, they are generally only enforceable where the terms are reasonable. For instance, a non-competition agreement that is reasonable as to time, geography, and activities restricted will likely be enforced. Likewise, a... Read more »

1 Answer | Asked in Agricultural Law and Employment Law for Florida on
Q: I think my boss wants me to break a law for his business, can I be held accountable?

I work at a pet boarding facility, and in the state of Florida, owners are required to have their dogs up to date on their rabies vaccine. My boss told me to accept a dog that is out of date on his rabies vaccine..

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 27, 2021

I believe the requirement that owners keep their animals vaccinated would be Florida Statute 828.30. It doesn't appear to include any requirement that pet boarding facilities refuse to accept unvaccinated animals, and if there is that would be your boss's duty, not yours.

1 Answer | Asked in Consumer Law, Employment Law, Constitutional Law and Employment Discrimination for Illinois on
Q: Hello. I haven't received my rise due Dec 2020. Also construction going on was sent home without pay. Miriam

I was FT now PT due to coronavirus Manager cut my hours to 60. I tried unemployment. I was denied because Manager gave me 21 hours a week since pandemic should've have been 20 or less a week. Also I get no Holiday pay when I worked FT. I had to use my vacation time for Holidays to get paid.... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 26, 2021

as to unemployment, some changes are being made so that federal benefits may be applied for.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can my employer count my vacation eligibility time from post-pandemic-layoff rehire date rather than original hire date?

I began work Nov. 2019, and was "terminated" in March 2020 due to pandemic-related business downturn. I was rehired in June 2020, although I was not required to take a drug test again or submit my driving record again. I would have been eligible for paid vacation Nov. 2020, but now they... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 25, 2021

Well, if they give you a raise it looks like they are not having it both ways. Your vacation time is usually based on time accrued and does not count time off for personal days, family leave---or when you are laid off.

Year to date money means just that. If you were paid x dollars then...
Read more »

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