Ask a Question

Get free answers to your Employment Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Texas on
Q: Will a non compete affect my ability to move to another company?

Employer is based in NY, I reside in Texas.

John Michael Frick
John Michael Frick
answered on Jan 2, 2025

A non-compete agreement can restrict your ability to move to a different company in Texas. It depends on whether the non-compete agreement itself is legally enforceable under the Covenants Not to Complete Act and whether the work you will be doing for the new company violates the terms of your... View More

1 Answer | Asked in Contracts, Employment Law and Employment Discrimination for New York on
Q: Can my company stop me from moving?

I work remotely in healthcare. My company is based out of New York. I informed HR that I plan on moving outside of the state. I received a list of states which did not include the state that I intend to move to. In our remote worker agreement, it does say that we have to get permission from HR, but... View More

Joseph James Raetzer
Joseph James Raetzer
answered on Dec 30, 2024

I'm so sorry you're having this problem with your employer - moving is hard enough without the stress of employer pressures! From a straight contract law perspective, it's going to come down to what you agreed to in your employment contract. From your description, it seems like you... View More

2 Answers | Asked in Employment Law and Business Law for California on
Q: Labor law questions. I Got Served a notice for missed payments and missed overtime. But I'm the new owner as of 2 years

I bought the restaurant 2 years ago and old employees working here sued the previous owner but the motive has my name on it. I made new corporation and I don't know the plaintiff.

Brad S Kane
Brad S Kane
answered on Dec 27, 2024

Check your agreement with the prior owner, the prior owner should be required to defend and indemnify you for claims that arose prior to the purchase.

If purchased the assets only and not the business, you may have a defense there.

Further, you will need to hire a lawyer to defend...
View More

View More Answers

3 Answers | Asked in Employment Law for California on
Q: Is it legal to tip from my food sales with busboys and hostess’s? They only help with drinks and busing tables.

Management deducts 20% to busboys and 8% to hostess’s from my paycheck. Their responsibilities are to bring customers drinks. I’m tipping out a percentage of my tips for the food sales but they do not serve or deliver the food. Is it legal for them to do this?

Brad S Kane
Brad S Kane
answered on Dec 24, 2024

Yes, hosts and bussers can share in the tip pool as long as they are in the chain of service, which includes seating customers, cleaning tables, delivering drinks and preparing food, provided the percentages are reasonable. Managers, owners and supervisors are not allowed to participate in the tip... View More

View More Answers

1 Answer | Asked in Employment Discrimination and Employment Law for Washington on
Q: Am I being treated unfairly and a victim of work place retaliation after reporting safety concerns about a new coworker?

My manager hired a man who has a lengthy history of DV and he is aggressive verbally to our female co workers. I looked at his legal history and discovered the charges. I brought it to the attention of the manager and she said that we should avoid pushing his buttons. Her boss found out about the... View More

Merry A Kogut
Merry A Kogut
answered on Dec 23, 2024

If you believe you're being treated unfairly or retaliated against at work after reporting safety concerns, let’s break down what’s happening and explore your options. Washington State has laws in place to protect employees in situations like yours, so you may have recourse.... View More

1 Answer | Asked in Civil Rights and Employment Law for Texas on
Q: What type of lawyer do I need in terms of a mental health disability and my job?

I have bipolar disorder and need to know if my job can be at risk because of it.

John Michael Frick
John Michael Frick
answered on Dec 23, 2024

You should contact a lawyer who practices in the area of employment law in or near the county where you work. Typically speaking, if your employer has enough employees to be covered by the applicable statutes, and you can show that your bipolar disorder qualifies as a bona fide disability, your... View More

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: If a Costco employee that has a worker’s compensation claim is sent home without pay because they don’t want to accommod

They won’t accommodate, is that considered termination? Her workers compensation attorney advised her to seek a labor attorney

Neil Pedersen
Neil Pedersen
answered on Dec 23, 2024

It is not as simple as your question suggests. An employer has a duty to reasonably accommodate an injured or disabled employee if there is a way to do so such that the employee can continue to perform the essential functions of the job without violating the restrictions and in a way that does not... View More

View More Answers

2 Answers | Asked in Employment Law for California on
Q: My job laid us off on 11/18 but we worked a full shift that day and didn’t receive a paycheck for that day until 12/6?

We had received notice of an involuntary separation due to position elimination and we were laid off 11/18 and they did pay us for the two weeks we worked prior on 11/18. But they didn’t pay us for the full shift we worked 11/18 until two weeks later. Is that legal or are they subject to... View More

Maya L. Serkova
Maya L. Serkova
answered on Dec 16, 2024

Employees who are discharged must be paid all wages due at the time of termination. A willful failure by the employer to comply with the final paycheck timing law gives the employee the right to receive Waiting Time Penalties equal to one day of pay times the days you are made to wait for the final... View More

View More Answers

1 Answer | Asked in Employment Law for North Carolina on
Q: My employer paid me a stipend for an educational training and is now asking me to pay that stipend back.

I did not sign documentation agreeing to any certain terms with the stipend, yet my employer is claiming since I am not remaining employed for 2 years post-training I will have to repay the stipend amount. I have recently put in my 1 month notice to end employment. She is threatening to sue me for... View More

Kirton M. Madison
Kirton M. Madison
answered on Dec 16, 2024

In NC, your employee agreement, if there is one in place, will usually dictate whether you must repay the stipend to your employer. If the contract is silent on this matter, be sure the agreement does not incorporate an employee handbook or another document that informs employees of their... View More

1 Answer | Asked in Employment Law and Admiralty / Maritime on
Q: Do seafarers accrue annual leave whilst on paid leave (holiday) under Cayman Islands Flag State law?

No further information or contractual provisions to consider

Masoud Jahani
Masoud Jahani pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 16, 2024

Under Cayman Islands flag state law, seafarers do not accrue annual leave while on paid leave (holiday). According to the provisions outlined in "Benedict on Admiralty," justified absences from work, such as holidays, are not considered as annual leave DOC. No. 9-1A MARITIME LABOUR... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: What do I need to support a claim of racial discrimination?

I was fired after starting a warehouse job, suspecting racial discrimination.

I received termination text with no prior performance feedback or warning.

Brian Greben
PREMIUM
Brian Greben
answered on Dec 9, 2024

You need show some evidence that their decision was at least in part caused by a discriminatory motive. The evidence can be almost anything that suggests racial bias. For example, if the only difference between you and the other employers is your race (and not a difference in performance, skill,... View More

2 Answers | Asked in Employment Law for California on
Q: When I was 17, I worked at Subway late into the night until 1am. Is that illegal in California?
Neil Pedersen
Neil Pedersen
answered on Dec 9, 2024

Except for certain narrow circumstances, it violated the child labor laws to work a 17 year old until 1 am. However depending on how long ago that happened, and other circumstances, that may not be something you could make a legal issue about and recover damages. You need to locate and consult... View More

View More Answers

3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: My employer consistently pays us late and our payroll checks BOUNCE every paycheck. I was just suspended for picking up

…My check on payday. Management was out of town, couldn’t reach anyone so I picked up the checks, we still can’t cash them 4 days later and now I’m suspended for a week because per usual “there was no money in the account”. I have An obvious case right?

Brad S Kane
Brad S Kane
answered on Dec 8, 2024

Since you were subjected to discipline, a suspension, for picking your paycheck on payday, you likely have a claim for illegal retaliation for seeking your timely payment of your wages. Your employer is not allowed to delay payment based upon case flow.

Since your employer is consistently...
View More

View More Answers

3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: My employer consistently pays us late and our payroll checks BOUNCE every paycheck. I was just suspended for picking up

…My check on payday. Management was out of town, couldn’t reach anyone so I picked up the checks, we still can’t cash them 4 days later and now I’m suspended for a week because per usual “there was no money in the account”. I have An obvious case right?

Neil Pedersen
Neil Pedersen
answered on Dec 9, 2024

I am going to disagree slightly with my colleagues here. If you did not have permission to take the paychecks and took them anyway, that could well be a terminatable offense. However, you and your co-workers would have meritorious claims for violation of the Labor Code for the many late and NSF... View More

View More Answers

2 Answers | Asked in Employment Law for California on
Q: What action does a employer take when a male employee keeps referring to a female as a b*ich?

There is a male employee who is hostile calling me profanity. I filmed it showed to HR. It happened twice. I know it's going to happen again on Monday. I don't know him. I think he might be the same employee from last year who asked me for my number. I said no. I'm worried my... View More

Brad S Kane
Brad S Kane
answered on Dec 7, 2024

Keep informing HR in writing each time it happens.

Sexual harassment has to be either severe or persuasive enough to change the terms and conditions of your employment. A single inappropriate touching likely meets that standard. One or two offense comments may not be enough depending on the...
View More

View More Answers

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: My employer made me take a follow up drug test that was observed by a different gender than of myself, the donor

I’m a transgender woman and work for DOT, the testing being administered by HHS protocol

John Michael Frick
John Michael Frick
answered on Dec 6, 2024

In certain circumstances, you have the right to have a person of the same gender (not gender identity) serve as an observer during a drug test. If you fall into one of those circumstances, you--as a transgender woman--would have the right to insist that any observer be of the same gender (male as... View More

3 Answers | Asked in Employment Law for California on
Q: Should my husband accept a bare minimum settlement for meal violation claim with his company?

My husband filed a Meal violation claim and has received a settlement offer. We would like to seek a lawyer before he accepts this settlement offer. He does not want to lose work opportunities due to this settlement. He filed a claim and they had a conference where he was offered a settlement... View More

Neil Pedersen
Neil Pedersen
answered on Dec 5, 2024

it would be reckless for any attorney here to give you the guidance you seek. This is the kind of question that can only be answered by an employment law attorney who can be allowed to understand the entire situation. You are going to need to seek out a specific, confidential consultation with a... View More

View More Answers

2 Answers | Asked in Employment Law for California on
Q: Can someone look at a settlement offer my husband got because my company was modifying my time card to avoid penalties?

They are in wrong and are settling for the bare minimum.

Neil Pedersen
Neil Pedersen
answered on Dec 5, 2024

Certainly you can get an employment law attorney to look at the settlement. However, understand that such a job necessarily involves more than just looking at the document. To do such a job competently and in a manner to avoid malpractice claims, the attorney will necessarily have to review the... View More

View More Answers

4 Answers | Asked in Employment Law and Small Claims for California on
Q: I've worked for an apartment complex for over 5 years Doing 2 remodels , and some general maintenance. Never been paid

I have witnesses ( current apartment manager, apartment owners son , and all the people living there) who said they would have no Problem testifying to me working. I'd say its at least 10 k for over 5 years. I still go and do maintenance to this day. The owners son tells me to be back the next... View More

Neil Pedersen
Neil Pedersen
answered on Dec 4, 2024

First thing: STOP WORKING FOR THIS GUY! He has proven for a long time to be someone who is taking advantage of you. Use your time to find a new employer who will actually pay you for your time and hard work. You have a right to be paid by this guy whether or not you continue to work for him.... View More

View More Answers

4 Answers | Asked in Employment Law and Small Claims for California on
Q: I've worked for an apartment complex for over 5 years Doing 2 remodels , and some general maintenance. Never been paid

I have witnesses ( current apartment manager, apartment owners son , and all the people living there) who said they would have no Problem testifying to me working. I'd say its at least 10 k for over 5 years. I still go and do maintenance to this day. The owners son tells me to be back the next... View More

Maurice Mandel II
Maurice Mandel II
answered on Dec 4, 2024

Sorry that you had your wages STOLEN by this apt owner. I hear about this all the time. Because you provided physical labor on the premises, you may also be entitled to file a mechanic's lein against the property. If you do, you have to be prepared to file a lawsuit to enforce it, however the... View More

View More Answers

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.