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Employment Law Questions & Answers
Q: My supervisor yelled the "f" word toward me while she was with me on my mail route.is that work place harassment?
1 Answer
| Asked
in
Employment Discrimination, Employment Law and Personal Injury
on
Answered on Sep 24, 2018
Answered on Sep 24, 2018
Charles Joseph's answer
More facts are needed to determine whether you have a claim against your employer.
Generally, you cannot sue you employer just because someone is mean to you. If your supervisor if unpleasant to everyone, or even if he or she is harsh with you in particular, because they dislike you for personal reasons, the law does not prevent that. There is no legal requirement that workers be treated with civility, kindness, or even respect. However, federal law does prohibit your employer from...
More facts are needed to determine whether you have a claim against your employer.
Generally, you cannot sue you employer just because someone is mean to you. If your supervisor if unpleasant to everyone, or even if he or she is harsh with you in particular, because they dislike you for personal reasons, the law does not prevent that. There is no legal requirement that workers be treated with civility, kindness, or even respect. However, federal law does prohibit your employer from...
Q: Hours reduced and possibly split while on maternity leave.
Salim U. Shaikh's answer
As detailed, you are being asked to share your income by sharing your job because of your maternity leave. Most of the employers do not digest a given leave right for a specified time with full pay and keeping it in the back of their mind retaliate and punish a staff member on one pretext to another. Did they formally inform you of this arrangement? How did they arrive to this conclusion? How does your employer's Rules deal with such situation?
Advisable is if you obtain or ask...
As detailed, you are being asked to share your income by sharing your job because of your maternity leave. Most of the employers do not digest a given leave right for a specified time with full pay and keeping it in the back of their mind retaliate and punish a staff member on one pretext to another. Did they formally inform you of this arrangement? How did they arrive to this conclusion? How does your employer's Rules deal with such situation?
Advisable is if you obtain or ask...
Q: Hi, is it against the law to use someone else's SS# to obtain work? Even is that other person CONSENTS to using his SS#?
Salim U. Shaikh's answer
You are right, it falls under "identity theft," "misrepresentation" leading to fraud and forgery triable under criminal offence. Surprisingly, why it could not come up at time of personal scrutiny? It is feared that consent given by SS cardholder would likewise be liable / implicated.
You are right, it falls under "identity theft," "misrepresentation" leading to fraud and forgery triable under criminal offence. Surprisingly, why it could not come up at time of personal scrutiny? It is feared that consent given by SS cardholder would likewise be liable / implicated.
Q: If I'm not mistaken you can appeal an arbitration agreement for employment law if you don't receive the check of payment
1 Answer
| Asked
in
Employment Law and Employment Discrimination
for
Texas
on
Answered on Sep 21, 2018
Answered on Sep 21, 2018
Salim U. Shaikh's answer
Does arbitration agreement hinder any appeal against their violation of agreement e.g. withholding of last check, etc.
Does arbitration agreement hinder any appeal against their violation of agreement e.g. withholding of last check, etc.
Q: Can I work from home as a freelancer for the same company with whom I am currently employed full time?
Salim U. Shaikh's answer
Before you jump in, analyse all aspects of your current employment. You may end up with "conflict of interest" the moment you set up a parallel business.
Before you jump in, analyse all aspects of your current employment. You may end up with "conflict of interest" the moment you set up a parallel business.
Q: I have been very ashamed of the agressive sexual misconduct that happened to me while at a new job by the GM.
1 Answer
| Asked
in
Contracts, Employment Law, Employment Discrimination and Sexual Harassment
for
Nevada
on
Answered on Sep 21, 2018
Answered on Sep 21, 2018
Salim U. Shaikh's answer
Well, you must go ahead with filing of a suit for wrongful termination as a result of retaliation that they wrongly expected from you ... the only remedy left for you to seek justice. You will have to keep record of documentary evidence(s) and seek other evidences in your favour in order to corroborate your claim. Good luck.
For indepth review you may seek assistance from Attorney of your local jurisdiction and show your evidence unless you are dead sure of their credibility....
Well, you must go ahead with filing of a suit for wrongful termination as a result of retaliation that they wrongly expected from you ... the only remedy left for you to seek justice. You will have to keep record of documentary evidence(s) and seek other evidences in your favour in order to corroborate your claim. Good luck.
For indepth review you may seek assistance from Attorney of your local jurisdiction and show your evidence unless you are dead sure of their credibility....
Q: I was recently terminated and would like a copy of my personal file. The employer told me they could not give it to me.
Salim U. Shaikh's answer
Employer may withhold personal file if their regulations or rules does allow them. In case your original documents were lying in that personal file you may request the original to be returned for use.
Employer may withhold personal file if their regulations or rules does allow them. In case your original documents were lying in that personal file you may request the original to be returned for use.
Q: Am I required to repay relocation money to my ex-employer? What's the worst case scenario? Can they liquidate my assets?
Salim U. Shaikh's answer
Your ex-employer is asking for refund of relocation amount that they have paid. Such a cost is generally incurred by an employer when hiring an employee of certain expertise subject to his services initially for a certain period of time. If you review that contract signed by you in agreement thereof, you may find this precondition that in case an employee resign or willfully quit that job will be bound to refund relocation amount in full, etc. etc.
Question as to how ex-employer can...
Your ex-employer is asking for refund of relocation amount that they have paid. Such a cost is generally incurred by an employer when hiring an employee of certain expertise subject to his services initially for a certain period of time. If you review that contract signed by you in agreement thereof, you may find this precondition that in case an employee resign or willfully quit that job will be bound to refund relocation amount in full, etc. etc.
Question as to how ex-employer can...
Q: Can a contract firm have its employees work directly for a client indefinitely for part of its core busines?
Salim U. Shaikh's answer
Specific advice cannot be rendered in the absence of sufficient details. However, the very client may have outsourced some of their core functions due to lack of expertise/employees in their area of work and CRO agreed to provide them a bridging facility till the client needed. On the other hand the very client avoided to create a liability for them by hiring full term employee(s) for that job.
Specific advice cannot be rendered in the absence of sufficient details. However, the very client may have outsourced some of their core functions due to lack of expertise/employees in their area of work and CRO agreed to provide them a bridging facility till the client needed. On the other hand the very client avoided to create a liability for them by hiring full term employee(s) for that job.
Q: What is good cause for quitting and how do I show good cause for the state of Nevada??
Dale S. Gribow's answer
You are posting this on a Calif PI/DUI forum
You probably need to inquire from Nevada Labor Law atty
You are posting this on a Calif PI/DUI forum
You probably need to inquire from Nevada Labor Law atty
Q: My employer is claiming they overpaid me. But it’s all under “bonus” on my stub, do they have a right to take back?
2 Answers
| Asked
in
Employment Discrimination and Employment Law
for
California
on
Answered on Sep 19, 2018
Answered on Sep 19, 2018
Dale S. Gribow's answer
A lawyer needs much more info.
type up a summary of the facts AND contact a labor/employment lawyer in your area.
I handle accidents and DUI's in Palm Springs.
A lawyer needs much more info.
type up a summary of the facts AND contact a labor/employment lawyer in your area.
I handle accidents and DUI's in Palm Springs.
Q: I just found out I have asthma and I have been in the army for 4 years.
1 Answer
| Asked
in
Employment Law, Health Care Law and Military Law
for
New York
on
Answered on Sep 18, 2018
Answered on Sep 18, 2018
V. Jonas Urba's answer
Can you perform your job duties with or without a reasonable accommodation? Have you requested an accommodation?
What does your doctor say?
What does a lawyer who handles military claims, usually a former JAG Corps lawyer, think? Or someone who handles federal work comp claims - they are out there.
Can you perform your job duties with or without a reasonable accommodation? Have you requested an accommodation?
What does your doctor say?
What does a lawyer who handles military claims, usually a former JAG Corps lawyer, think? Or someone who handles federal work comp claims - they are out there.
Q: Can my employer make me work when I have a doctors note stating off work/no work duty until seen by orthopedic?
1 Answer
| Asked
in
Employment Law and Workers' Compensation
for
Louisiana
on
Answered on Sep 17, 2018
Answered on Sep 17, 2018
Douglas Lee Bryan's answer
If you were injured at work and your treating physician takes you off of work due to the injury, your boss cannot force you to work and cannot fire you due to your refusal.
If you were injured at work and your treating physician takes you off of work due to the injury, your boss cannot force you to work and cannot fire you due to your refusal.
Q: Hello, I work for Great Wolf Lodge in Gurnee. They just opened, and I want to know if I can sue? And need help doing so.
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Illinois
on
Answered on Sep 17, 2018
Answered on Sep 17, 2018
Ethan White's answer
Keep in mind that Illinois is an "at will" employment jurisdiction, meaning your employer can fire you for any reason or no reason at all, unless it is for an illegal reason, such as your age, race, religion, etc. But that means they likely could legally fire you for complaining about your treatment regarding hours, clocking out, etc. That said, if you are working hours and they are not paying you for those hours, you may have a claim under the Illinois Wage Payment and Collections Act, under...
Keep in mind that Illinois is an "at will" employment jurisdiction, meaning your employer can fire you for any reason or no reason at all, unless it is for an illegal reason, such as your age, race, religion, etc. But that means they likely could legally fire you for complaining about your treatment regarding hours, clocking out, etc. That said, if you are working hours and they are not paying you for those hours, you may have a claim under the Illinois Wage Payment and Collections Act, under...
Q: Can my job change my hours to 11:00pm -7:00am but when they hired me it was from 3 p.m. to 11 p.m.
Mr. Kent Thomas Jones Esq.'s answer
Generally speaking, I was say yes. The State of Tennessee is an Employment at Will state, which means they can pretty much do what they want unless it is illegal or in violation of a written contract. Examples of illegal activities include, but are not limited to violations of the ADA, age, race or sex discrimination, demotion or termination for whistleblowing and others. If you think that your case falls into one of these categories, then I would consult with a local employment law attorney.
Generally speaking, I was say yes. The State of Tennessee is an Employment at Will state, which means they can pretty much do what they want unless it is illegal or in violation of a written contract. Examples of illegal activities include, but are not limited to violations of the ADA, age, race or sex discrimination, demotion or termination for whistleblowing and others. If you think that your case falls into one of these categories, then I would consult with a local employment law attorney.
Q: I am a home health aide. My employer disclosed my medical information to a client I work with is that legal?
Trent Harris' answer
Generally, an employer cannot disclose an employee's confidential medical information to a third party, unless it has the employee's permission or the disclosure is for a legitimate business interest of the employer. Some legitimate business interests, are, for example, for the employer to obtain payment for a claim under a health insurance policy, or a workers compensation policy. But even when it is authorized, the employer must disclose the minimum information necessary to achieve the...
Generally, an employer cannot disclose an employee's confidential medical information to a third party, unless it has the employee's permission or the disclosure is for a legitimate business interest of the employer. Some legitimate business interests, are, for example, for the employer to obtain payment for a claim under a health insurance policy, or a workers compensation policy. But even when it is authorized, the employer must disclose the minimum information necessary to achieve the...
Q: Can my company suspend me based on allegations of another employee concerning there personal property
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Michigan
on
Answered on Sep 17, 2018
Answered on Sep 17, 2018
Trent Harris' answer
Generally, yes. An employer is allowed to discipline employees for misconduct in the workplace. If your employer has a disciplinary policy spelled out in an employee handbook or other written document, the employer would need to follow the written policy. Assuming your employer did follow its policy, and its decision was made after an investigation that was reasonable in the circumstances, this could be a legitimate exercise of the employer's power to supervise and discipline employees....
Generally, yes. An employer is allowed to discipline employees for misconduct in the workplace. If your employer has a disciplinary policy spelled out in an employee handbook or other written document, the employer would need to follow the written policy. Assuming your employer did follow its policy, and its decision was made after an investigation that was reasonable in the circumstances, this could be a legitimate exercise of the employer's power to supervise and discipline employees....
Q: I just quit my job after a year and a half and they made false accusations towards me threatened me legally can i sue?
1 Answer
| Asked
in
Legal Malpractice, Employment Law and Workers' Compensation
for
New York
on
Answered on Sep 17, 2018
Answered on Sep 17, 2018
V. Jonas Urba's answer
Constructive discharge is very difficult to prove. You must show that a reasonable person would not have continued working.
If you qualify, apply honestly for unemployment benefits. If you are unable to recover unemployment compensation, assuming you may need to appeal a denial of benefits, a discrimination charge might be even more challenging.
You have 300 days (after you quit or were fired) to file with the EEOC and 1 year to file with the New York State Division of Human...
Constructive discharge is very difficult to prove. You must show that a reasonable person would not have continued working.
If you qualify, apply honestly for unemployment benefits. If you are unable to recover unemployment compensation, assuming you may need to appeal a denial of benefits, a discrimination charge might be even more challenging.
You have 300 days (after you quit or were fired) to file with the EEOC and 1 year to file with the New York State Division of Human...
Q: Can I get my criminal record or fraud expunged if the company has since gone bankrupt?
2 Answers
| Asked
in
Bankruptcy, Criminal Law, Employment Law and Business Law
on
Answered on Sep 16, 2018
Answered on Sep 16, 2018
Timothy Denison's answer
Highly unlikely that you can reopen and get dropped, although you may be able to expunge from your record in a couple years.
Highly unlikely that you can reopen and get dropped, although you may be able to expunge from your record in a couple years.
Q: I hurt myself outside of work and need to go on 'light duty' for two weeks at my doctor's orders. Can my employer
Christopher J. Eibeler's answer
An employer must engage in an interactive process with an employee who is in need of a reasonable accommodation because of a disabilty. This requires both the employee and the employer to act in good faith, share information with each other and openly communicate. If an employer can show that the employees request and/or other potential accommodations would constitute an undue burden on their business operations, they may be able to deny the request. Whether the requested accommodation is...
An employer must engage in an interactive process with an employee who is in need of a reasonable accommodation because of a disabilty. This requires both the employee and the employer to act in good faith, share information with each other and openly communicate. If an employer can show that the employees request and/or other potential accommodations would constitute an undue burden on their business operations, they may be able to deny the request. Whether the requested accommodation is...
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