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Employment Law Questions & Answers
2 Answers | Asked in Employment Law for California on
Q: If employer agrees to new payrate by email are they obligated to honor it for a temp employee?

I have an email from my employer (I'm a temp so the agency who pays me) with confirmation of new hourly payrate. They now say client didn't agree to the amount so they won't honor it, eventhough they previously indicated it was approved and provided an effective date. I have a copy... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 21, 2021

Based on the facts provided, yes, the agency would be required to pay you the new rate. The contract and deal is between you and the temp agency. The onus is on the employer to work out the specifics on the pay rate, not on you to prove that it was agreed on. You would likely need to consult with... Read more »

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1 Answer | Asked in Employment Law, Personal Injury and Communications Law for Utah on
Q: (Utah) I was terminated due to attendance at my job, and my boss contacted my cohabitates to inform them.

For background, I cohabitate(d) with my girlfriend and her parents. With my termination, this supervisor notified my girlfriend’s parents before I had the opportunity to repose & break the news myself (this is in the span of less than 24 hours.) This has resulted in my displacement from their... Read more »

Michael Lewis Eisner
Michael Lewis Eisner answered on Sep 21, 2021

You should consult with an attorney in Utah. Each state has different laws regarding communications with others. If someone says or writes something false, the publisher can be held liable for damages caused by the defamation of character (libel or slander). Many states also allow a cause of... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: I work in at at will state. Can I sue my former employer?

So, I used to work for a big name company and they fired me for calling off due to a icy weather (not sure if I have the vm proofing it) but I do have emails, phone calls are recorded on their end and a letter from unemployment stating that my former employer said they fired me for misconduct and... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 21, 2021

The best legal approach would be scheduling a personal or remote meeting with an Illinois licensed employment (labor) law attorney and discussing possible merits on that legal action in a two way format. Without that it is rather impossible to suggest whether your case has merits.

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Oklahoma on
Q: How far back legally can taco mayo in Oklahoma go on a background check?

My bf was denied a job at Taco mayo from a domestic back n 1999-2000

Charles Watts
Charles Watts answered on Sep 20, 2021

Typically, backgrounds go back 10 years for credit and 7 years for criminal convictions but that can be longer depending on the job, responsibilities, etc... If it is expunged, or deferred adjudication was successful, then they will not see it at all. The State is restricted by statute to even... Read more »

1 Answer | Asked in Contracts and Employment Law for New York on
Q: Hello , my employer refuse to pay me over 10000$ in commission

I provided every proof that i wasnt paid for certain jobs , dozens of emails and promises , lately i have been harassed with iron strong evidence that is directly correlated to the fact i asked for my money , is it wise to persue a lawsuit or big employers always win in such cases and it takes... Read more »

Brian Greben
Brian Greben answered on Sep 20, 2021

You're asking excellent questions, but they can't be answered without knowing the specifics of your case. You should contact an employment attorney.

1 Answer | Asked in Contracts, Education Law and Employment Law for Arkansas on
Q: Can a school district prevent you from teaching for the next school year if you request release from your contract?

I had signed my contract in May after the district said they would take it as a resignation for anyone that did not turn in a signed contract by the end of May 2021. I have kids to support so out of fear of unemployment I signed the contract. There were teachers resigning left and right. The... Read more »

Chris W. Burks
Chris W. Burks answered on Sep 20, 2021

Thanks and you should speak to an Arkansas employment and education law attorney. The Arkansas Teacher Fair Dismissal Act does provide some protections to teachers, and many districts will release teachers from their contracts under circumstances similar to the ones you identified. By working... Read more »

1 Answer | Asked in Employment Law, Legal Malpractice and Workers' Compensation for Minnesota on
Q: Are mandatory tip pooling and taking away tips from others if unsatisfied with the work legal?

Employer is doing madatory tip pooling, along with giving our tips to the following morning shift if not satisfied by our work at the end of the night. The daughter of the owner's works mainly morning shift almost everyday. Most of the emplyees are minors including me. There are about 18... Read more »

Paul Lelii
Paul Lelii answered on Sep 20, 2021

You should make your parents aware of this matter and if they choose, they can call me to discuss your options. Another avenue is to have your parents contact the MN Department of Labor and Industry's wage and hour division. Hope that helps. leliilaw.com

2 Answers | Asked in Employment Law and Civil Rights for Missouri on
Q: Can I be audio recorded without consent in a 2 party consent state?

I deliver in Illinois, a 2 party consent state. I wasn't made aware that the video camera in my vehicle records audio until I found out last week. I also deliver in Missouri. Would it be worth it to sue my employer since I signed no agreement and wasn't verbally notified my audio was... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 19, 2021

Whether it is worth suing will depend upon the following:

1. What is your goal?

2. How much will it cost to sue?

3. What are your chances of prevailing?

4. What damages would you be awarded if you win,

5. Does the IL statute have a provision entitling you to...
Read more »

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1 Answer | Asked in Employment Law, Constitutional Law and Employment Discrimination on
Q: Storemanager at Woolies, pregnant ladies injured due to company not listening to my pleas, scapegoated out of company.

Store Manager at Woolworths in South Australia, Westlakes 5021. Store making ~ $800k-$1million/week. I was earning ~ $120,000/year

Pregnant ladies x3 had severe falls due to roof leaks. Did all in my power to address and ask for assistance. Woolworths higher ups blamed centre management,... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 18, 2021

You may be losing valuable time here awaiting a response on this forum - your post remains open for two weeks. If the situation you describe does give way to any type of remedy/worker comp-type relief, it would probably be governed by the laws of Australia. The attorneys here generally advise on... Read more »

1 Answer | Asked in Employment Law for California on
Q: I have a work related lawsuit On my family member who is my uncle .he reached out to me and wants to settle without La

Lawyer or courts .question is can I drop the lawsuit legally?

Maya L. Serkova
Maya L. Serkova answered on Sep 17, 2021

It is unclear from your question if you are being represented by an attorney or not. If you represent yourself, you can settle and dismiss the case. However, if you are being represented by an attorney, you cannot settle with your employer behind your attorney's back. Your attorney has a lien... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: Hello I had a question

I had a lawsuit and won never met the lawyer and didn’t really know how much I was getting only what he told me,is there any way I can really find out

Brent T. Geers
Brent T. Geers answered on Sep 17, 2021

If you were represented by an attorney, you should contact that person's office for details. Typically what happens in a settlement is that the party making payment sends a check to the recipient's attorney, made out in both the attorney's and the recipient's name. That check is... Read more »

1 Answer | Asked in Contracts, Employment Law and Government Contracts for Oklahoma on
Q: Long term sub in process of provisional sped cert, signed 3 year contract. Can I get out of it? Never received copy.

I still need 18 credit hours or M.Ed sped. I am being paid as a long term sub in moore public schools and they say they will back pay me once certified.. I am in the ok st dept sped bootcamp. I was offered a different state job with benefits that I really need and if I wait for my provisional... Read more »

Charles Watts
Charles Watts answered on Sep 16, 2021

Depending on your contract. There may potentially be a clause releasing either party from the agreement. However, like wise there may be a financial obligation/penalty to execute that clause.

3 Answers | Asked in Employment Law and Civil Rights for California on
Q: I’m a federal employee and going to refuse the vaccine mandate. If fired, will this violate laws meant to protect me?

Vaccine presidential mandate.

Niran Grimberg
Niran Grimberg answered on Sep 15, 2021

Federal law states that if an employee does not want to get vaccinated (must be for religious exemption or due to disability), they will be subject to weekly testing. Therefore, if you are not going to get the vaccine, you will be subject to weekly testing. Vaccination status is not a protected... Read more »

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2 Answers | Asked in Employment Law and Communications Law for California on
Q: Boss instructed me to email his client.

If I state in the email, “I am sending on behalf of my boss” and cc my boss, am I personally endorsing the contents and attachments? Even if I was instructed to send.

Niran Grimberg
Niran Grimberg answered on Sep 15, 2021

California's Labor Code section 1102.5 states that if you complain/inform your employer of something you reasonably to be unlawful (in this case asking you to endorse contents and attachments), it is unlawful for your employer to retaliate against you. If you believe what your boss is asking... Read more »

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2 Answers | Asked in Business Law and Employment Law for Michigan on
Q: Can I work for a staffing agency internally and as an employee contracted out by the agency to a client?

I work for a staffing firm that does payroll/hr/admin contracting for a large client. I’m a corporate employee who manages the hr system for both the staffing agency and the client, in the past I managed payroll for both companies as well (the contracted agency employees and the direct client... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 15, 2021

As a practical matter, I'm not sure it's to either company's benefit for you to manager HR for the both of them. Payroll is another matter, which I don't think is much of an issue.

The arrangement is likely legal; "best practice"? probably not.

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1 Answer | Asked in Employment Law for Indiana on
Q: Is asking to only being required to work 8 hours a day 5 days a week and 40 hours a week undue hardhip on my employer

Is requesting accomodation to only be required to work no more than 5days a week 8 hours a day and 40 hours a week due to my mental health issue a undue hardship on my employer

Carrie Dyer
Carrie Dyer answered on Sep 15, 2021

Whether your request is an undue burden depends on many things, including the size of your employer, your position and your job duties, and the need (if any) for you to work in excess of 40 hours per week. A request for an accommodation triggers the employer's duty to engage in an interactive... Read more »

1 Answer | Asked in Employment Law for Maine on
Q: My boss threatened to punch me what do I do
Carrie Dyer
Carrie Dyer answered on Sep 15, 2021

Provide a written complaint to your company's HR department regarding the incident so they can investigate.

2 Answers | Asked in Employment Law for New Jersey on
Q: I am appealing my NJ unemployment case and would like to know if it is wise to get a lawyer? need free council

I am unemployed and receive NJ snap benefits. I am negative in my bank account and I can not afford council. is there help for me?

Paula M. Dillon
Paula M. Dillon answered on Sep 15, 2021

you can reach out to legal services. Otherwise, most lawyers will charge a fee. You are not required to have a lawyer although it may be helpful.

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2 Answers | Asked in Employment Law and Employment Discrimination for Michigan on
Q: An individual verbally harassed and physically threatened me at work -& there's video evidence. What are my options?

The individual that harassed me continues to work there, and creates a hostile environment.

Brent T. Geers
Brent T. Geers answered on Sep 15, 2021

First step is to report this to your employer. You may also need to consider petitioning for a PPO.

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2 Answers | Asked in Employment Law and Employment Discrimination for Michigan on
Q: An individual verbally harassed and physically threatened me at work -& there's video evidence. What are my options?

The individual that harassed me continues to work there, and creates a hostile environment.

Eva Zelson
Eva Zelson answered on Sep 17, 2021

It’s good that there is hard evidence in the case, rather than a case of he said she said. The first step is to document with the HR department at your company. Hopefully your employer will take steps to ensure that this does not happen again. If they do not, you will have a compilation of... Read more »

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