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Employment Law Questions & Answers
Q: individual with disability. employer wants me to sign away my rights. How much is reasonable?
James J. Hux's answer
If you believe you have been discriminated against because of your disability, you would probably benefit from speaking with an employment law attorney before accepting any severance agreement. Some attorneys will offer a free initial consultation.
Attorney James J. Hux
Hux Law Firm, LLC
If you believe you have been discriminated against because of your disability, you would probably benefit from speaking with an employment law attorney before accepting any severance agreement. Some attorneys will offer a free initial consultation.
Attorney James J. Hux
Hux Law Firm, LLC
Q: Can I not ask back an hourly employee for next year?
1 Answer
| Asked
in
Employment Law and Employment Discrimination
for
New York
on
Answered on Mar 18, 2019
Answered on Mar 18, 2019
V. Jonas Urba's answer
Employment at will is the law unless:
An employer violates a union contract or a private employment contract or an employee has vested civil service rights (the employee works for the government or might be funded with government funds).
If you receive government monies you definitely should retain or consult an employment lawyer.
Have any contracts which may apply reviewed before firing anyone. Consult legal regardless before making termination decisions to be safe.
Employment at will is the law unless:
An employer violates a union contract or a private employment contract or an employee has vested civil service rights (the employee works for the government or might be funded with government funds).
If you receive government monies you definitely should retain or consult an employment lawyer.
Have any contracts which may apply reviewed before firing anyone. Consult legal regardless before making termination decisions to be safe.
Q: Is the place I work for responsible for not telling me to wear mask near machines that expel solder fumes and flux?
Mitchell Feldman's answer
Any employer owes a duty to act reasonable and protect the safety of its employees
Any employer owes a duty to act reasonable and protect the safety of its employees
Q: If I get fired does the company I work for have to pay me for any accured vaction
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
California
on
Answered on Mar 16, 2019
Answered on Mar 16, 2019
Louis George Fazzi's answer
It seems from what you've said that you don't "earn" the vacation time until after you have worked for one year. This means that the vacation pay doesn't "accrue" until after you have been employed for one full year. In other words, the vacation pay only becomes "vested" (i.e. you have the right to it) once you have worked a full year.
I've seen many instances where an employee is terminated just prior to the vesting of their benefits. Some unscrupulous employers will make up reasons to...
It seems from what you've said that you don't "earn" the vacation time until after you have worked for one year. This means that the vacation pay doesn't "accrue" until after you have been employed for one full year. In other words, the vacation pay only becomes "vested" (i.e. you have the right to it) once you have worked a full year.
I've seen many instances where an employee is terminated just prior to the vesting of their benefits. Some unscrupulous employers will make up reasons to...
Q: If employee gives a 2 weeks notice, can the employer not accept it and have them leave at that time or at end of busines
James G. Ahlberg's answer
The information attached to the question indicates you're in West Virginia. You should ask an attorney licensed there this question. I can give you the answer under Illinois law, but that doesn't mean the answer would be the same in West Virginia. I'd rather not give you advice you cannot rely on.
The information attached to the question indicates you're in West Virginia. You should ask an attorney licensed there this question. I can give you the answer under Illinois law, but that doesn't mean the answer would be the same in West Virginia. I'd rather not give you advice you cannot rely on.
Q: Can a 16 year old restock a bar in Florida
Terrence H Thorgaard's answer
Generally not.
Florida Statute 562.13 Employment of minors or certain other persons by certain vendors prohibited; exceptions.—
"(1) Unless otherwise provided in this section, it is unlawful for any vendor licensed under the Beverage Law to employ any person under 18 years of age. …"
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599/0562/Sections/0562.13.html
Generally not.
Florida Statute 562.13 Employment of minors or certain other persons by certain vendors prohibited; exceptions.—
"(1) Unless otherwise provided in this section, it is unlawful for any vendor licensed under the Beverage Law to employ any person under 18 years of age. …"
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599/0562/Sections/0562.13.html
Q: I have been told that I cannot work because I do not speak Spanish. Is this discrimination?
1 Answer
| Asked
in
Civil Rights, Employment Discrimination and Employment Law
for
Florida
on
Answered on Mar 15, 2019
Answered on Mar 15, 2019
Charles M. Baron's answer
You raise two separate issues - (A) denial of position due to inability to speak Spanish, and (B) denial of position due to a disability.
Regarding a requirement to have Spanish-speaking ability, that would be illegal national origin discrimination (triggering a potential claim) UNLESS it is necessary for the effective performance of the position. For example, a company that has many customers who only speak Spanish CAN legally require the employees who interact with these customers...
You raise two separate issues - (A) denial of position due to inability to speak Spanish, and (B) denial of position due to a disability.
Regarding a requirement to have Spanish-speaking ability, that would be illegal national origin discrimination (triggering a potential claim) UNLESS it is necessary for the effective performance of the position. For example, a company that has many customers who only speak Spanish CAN legally require the employees who interact with these customers...
Q: When should you be offered regular part time?
1 Answer
| Asked
in
Employment Law, Workers' Compensation and Employment Discrimination
for
California
on
Answered on Mar 15, 2019
Answered on Mar 15, 2019
Neil Pedersen's answer
Those labels are completely at the discretion of the employer. There is no law that requires an employer to make people regular or full time or part time, etc. The employer creates the categories for various reasons and the employer has the discretion to change those labels as well, as long as the employer is not engaging in unlawful discrimination by making such decisions based on your membership in a protected class of people or because you engaged in some form of legally-protected conduct....
Those labels are completely at the discretion of the employer. There is no law that requires an employer to make people regular or full time or part time, etc. The employer creates the categories for various reasons and the employer has the discretion to change those labels as well, as long as the employer is not engaging in unlawful discrimination by making such decisions based on your membership in a protected class of people or because you engaged in some form of legally-protected conduct....
Q: Does a university (med center) have to offer at least some part time positions? Can they only offer full time & no part?
Neil Pedersen's answer
There is no law that requires any employer to offer part or full time positions in any percentage. An employer can have all part time or all full time or any mixture of those kinds of employees. If there is a union, perhaps the collective bargaining agreement would have something to say about that. If so, contact your union representative.
You suggest discrimination against moms. Unfortunately being a parent does not place you into a protected class.
Good luck to you.
There is no law that requires any employer to offer part or full time positions in any percentage. An employer can have all part time or all full time or any mixture of those kinds of employees. If there is a union, perhaps the collective bargaining agreement would have something to say about that. If so, contact your union representative.
You suggest discrimination against moms. Unfortunately being a parent does not place you into a protected class.
Good luck to you.
Q: If I was fired from my job for making an online threat but no charges is it possible to work for the government still
Kyle Persaud's answer
This would depends on the rules of the government agency for whom you want to work.
This would depends on the rules of the government agency for whom you want to work.
Q: Can an employer refuse to pay me commissions I have already earned if I leave the company?
Kyle Persaud's answer
The answer to this question depends on the contractual agreement between you and your employer.
"Contractual agreement" can include written contracts, but, under certain circumstances, verbal statements by you or your employer, or action by you and your employer, can also be part of the contractual agreement.
You have only submitted a portion of the e-mail from your employer.
If you are able to scan and send the entire e-mail, and also scan and send all written...
The answer to this question depends on the contractual agreement between you and your employer.
"Contractual agreement" can include written contracts, but, under certain circumstances, verbal statements by you or your employer, or action by you and your employer, can also be part of the contractual agreement.
You have only submitted a portion of the e-mail from your employer.
If you are able to scan and send the entire e-mail, and also scan and send all written...
Q: Can I sue my old employer for misconduct?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
California
on
Answered on Mar 12, 2019
Answered on Mar 12, 2019
Neil Pedersen's answer
You are going to have to take the documents you have and locate an intellectual property attorney to determine if you have any rights in this situation. That attorney will likely want to know your participation in the invention of the patented device or process. The claim would not be related to misconduct. Instead your claim will necessarily relate to whether you have any rights in the intellectual property represented by the patent.
Good luck to you.
You are going to have to take the documents you have and locate an intellectual property attorney to determine if you have any rights in this situation. That attorney will likely want to know your participation in the invention of the patented device or process. The claim would not be related to misconduct. Instead your claim will necessarily relate to whether you have any rights in the intellectual property represented by the patent.
Good luck to you.
Q: I was employed by an owner as a property manager living onsite. My employment ended Jan 9th.
Neil Pedersen's answer
Unfortunately, when lodging is part of the employment bargain, you do not have the same rights as you would if you were a normal tenant. Your employer has the right to terminate your right to stay in the lodging immediately upon termination of the employment, without 3 or 5 or 30 day notices. Your employer gave you more time than required by the law and if the unlawful detainer were to proceed you can be removed from the premises by the sheriff.
Note, it is not uncommon for employers...
Unfortunately, when lodging is part of the employment bargain, you do not have the same rights as you would if you were a normal tenant. Your employer has the right to terminate your right to stay in the lodging immediately upon termination of the employment, without 3 or 5 or 30 day notices. Your employer gave you more time than required by the law and if the unlawful detainer were to proceed you can be removed from the premises by the sheriff.
Note, it is not uncommon for employers...
Q: I was fired from my job today after months of harassment and bullying. He said it was poor performance.
Joseph A. Gangi's answer
Minnesota is an "at will" employment state so generally speaking you can be fired for just about any reason, so long as it is not discriminatory or retaliatory. The law does not require people to treat you nicely. But if you can show that you were terminated because of your race, gender, disability, age, etc., then you may have a case. You should discuss the specifics of your situation with an employment attorney to see if there is anything.
Minnesota is an "at will" employment state so generally speaking you can be fired for just about any reason, so long as it is not discriminatory or retaliatory. The law does not require people to treat you nicely. But if you can show that you were terminated because of your race, gender, disability, age, etc., then you may have a case. You should discuss the specifics of your situation with an employment attorney to see if there is anything.
Q: I was fired from fedex for a nonexcused absence because I’m on jury duty&on a criminal case.Is this wrongful termination
Richard Yaskin's answer
You may have a claim of wrongful discharge against the public policy of New Jersey if FEDEX discharged you for serving an official jury duty. Did you timely provide proof of your jury service?
Is there more to FEDEX basis for discharge based on your alleged record of absences?
Best,
Richard
You may have a claim of wrongful discharge against the public policy of New Jersey if FEDEX discharged you for serving an official jury duty. Did you timely provide proof of your jury service?
Is there more to FEDEX basis for discharge based on your alleged record of absences?
Best,
Richard
Q: I am currently in three of the protected classes (age, national origin and race/color.
Emre Polat Esq.'s answer
Why do you believe there is discrimination, compared to others? Further information is required. Consider a consultation for a case evaluation.
Why do you believe there is discrimination, compared to others? Further information is required. Consider a consultation for a case evaluation.
Q: Destruction of Property- subcontractors
1 Answer
| Asked
in
Criminal Law, Employment Law, Products Liability and Business Law
for
New York
on
Answered on Mar 8, 2019
Answered on Mar 8, 2019
V. Jonas Urba's answer
How do you know the sub was a non-employee. You can always contact the Department of Labor. That may not help you much but only the DOL can decide who is or who is not an employee. Even if everyone wanted to agree, in writing, that the unlicensed was independent. What both parties think is beside the point. The fact that you think they should have been licensed indicates that they probably did not have their own business nor other customers, probably did not decide how, how much, or when they...
How do you know the sub was a non-employee. You can always contact the Department of Labor. That may not help you much but only the DOL can decide who is or who is not an employee. Even if everyone wanted to agree, in writing, that the unlicensed was independent. What both parties think is beside the point. The fact that you think they should have been licensed indicates that they probably did not have their own business nor other customers, probably did not decide how, how much, or when they...
Q: Can I be fired for a student claiming I pushed him?
Neil Pedersen's answer
Can you be fired? Yes. Will you be fired? No one here can tell you that. It depends on what the District believes occurred. Just because the police decided not to prosecute does not mean the District has to keep you employed. If you are in a union it would be important to get your union involved right away. Good luck to you.
Can you be fired? Yes. Will you be fired? No one here can tell you that. It depends on what the District believes occurred. Just because the police decided not to prosecute does not mean the District has to keep you employed. If you are in a union it would be important to get your union involved right away. Good luck to you.
Q: I recently fired an employee and she keeps coming by the shop and harassing the other employees. What do I file
Mitchell Feldman's answer
Complaint with law enforcement for trespassing if you warned and will not comply unless it’s a public facility
Complaint with law enforcement for trespassing if you warned and will not comply unless it’s a public facility
Q: Can my Utah employer withhold my earned commissions if another company is taking over?
Michael C. Smith's answer
Are your new hires also being terminated? If not, and the hiring process is completed, then you have done everything you need to do to earn the commission. Depending on how the new operation is structured, you might have to collect your commission from your old employer, the new company, or the parent company. You may want to contact the Utah state labor commission for assistance.
Are your new hires also being terminated? If not, and the hiring process is completed, then you have done everything you need to do to earn the commission. Depending on how the new operation is structured, you might have to collect your commission from your old employer, the new company, or the parent company. You may want to contact the Utah state labor commission for assistance.
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