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Employment Law Questions & Answers
1 Answer | Asked in Employment Law for California on
Q: What can I do if I get fired? I didn’t disclose to my employer of my learning disability.

I work in the state of California for a big retailer, I was hired back in October for a seasonal position. Recently there was a situation where I didn’t take my lunch meal. That day was a very busy day, we had a lot of customers and I was the only one at the front to assist. I lost track of time... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 5, 2020

The answer to your question is not as easy as you might imagine. There are many issues at play here.

First, the general rule is that your employer can discipline you and/or take your hours away for any reason or even no reason at all, unless you can prove the reason for that move is the...
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1 Answer | Asked in Employment Law for Louisiana on
Q: I was fired from a job a few years ago after I was given Marijuana lollipops can my exemployer give that information out

I have not applied for a job with a woman and she found out why I was fired and she is now threatening me with it. Please advise

In Louisiana

J. Heath Dillon
J. Heath Dillon answered on Dec 5, 2020

Your former employer violated no law by releasing the reason for your prior termination to a third party - like a prospective employer.

1 Answer | Asked in Employment Law and Employment Discrimination for Louisiana on
Q: I was laid off because I’m severely allergic to Christmas trees a real one is in the building do I have a case?

The temp agency couldn’t get any accommodations for me even though I offered to work outdoors under the carport. The refusal to accommodate because of my severe allergic reaction to Christmas trees seems wrong due to the company has policies regarding scents used in the building. My unemployment... Read more »

J. Heath Dillon
J. Heath Dillon answered on Dec 5, 2020

There are many unknown variables involved in your situation and in response to your inquiry. Consequently, it is not possible to state definitively whether your employer did anything wrong. To name a few - you have not provided information as to the size of your employer (how many employees are... Read more »

1 Answer | Asked in Employment Law for California on
Q: I was fired from my job for lowering my face mask to get fresh air

I was outdoors walking from one building to another at my job and I was having difficulty breathing so I slightly lowered my face mask to get a breather. I have never refused to wear a face mask covering and it is not an issue for me to follow company policy. One of the lead mangers confronted me... Read more »

Maurice Mandel II
Maurice Mandel II answered on Dec 4, 2020

You are an at will employee in California and can be terminated without notice or reason, EXCEPT you cannot be terminated for an illegal reason such as discriminating against you because you have a physical disability. Get a certificate from an MD stating you have respiratory issued and need to... Read more »

1 Answer | Asked in Employment Law for Alabama on
Q: I need help. I am getting my wages garnished due to a medical bill that I have not had the money to pay b/c of Covid-19

I’ve been affected by COVID-19 twice in the last 8 months and have not had a steady pay due to not being able to work. I was sick with it twice and I do not have a full time position job or even part time. I am only as needed so I get about 25-35 hours a week and I get paid bi weekly so it’s... Read more »

Sarah S. Shepard
Sarah S. Shepard answered on Dec 4, 2020

I'm sorry to hear about your situation. That sounds very hard. Alabama law allows people with judgments against them to exempt the first $1,000.00 of each month's wages from garnishment by a creditor (including a hospital). Here is a new story about the exemption:... Read more »

1 Answer | Asked in Employment Law, Personal Injury and Civil Rights for California on
Q: Need Help With PI/Employment Pleading Deadline to File is Dec 10, 2020

I would be representing myself Pro Se in court for an employment/personal injury related matter because an attorney dropped my case middle of last month telling me that due to covid, his law firm does not have the capacity to take on my case. I have drafted a pleading to protect the limitation... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 3, 2020

Unfortunately you are not going to find an attorney to volunteer to do this work. Too much liability can attach once an attorney gets so involved.

Financial constraints should not be a problem. Attorneys who do PI and employment law work on a contingency fee basis, meaning you do not pay...
Read more »

1 Answer | Asked in Employment Law for Florida on
Q: is it legal for a job to have you come in under the impression of being hired and then tell u it was a trial?

I went to an interview on Monday and was asked if I could start the next day. I came in on Tuesday and worked 9 1/2 hours at the end of the day I was told that it was a trial and that I would be called back if they decided to continue on with the employment. I was not paid for the time that I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 3, 2020

It is not illegal for an employer to trick you into coming in to work without telling you your first day would be a "trial period." However, it IS illegal for them not to pay you for the time you actually worked.

If you are not paid for the hours you worked you should report this...
Read more »

1 Answer | Asked in Employment Law for Louisiana on
Q: i was let go from my job and i am owed 3 days but my ex employ will not pay me what can i do to get the money i am owed
Kyle Anderson
Kyle Anderson answered on Dec 3, 2020

More information is needed here to evaluate your claim. How long has passed since you were supposed to get paid? Some states have laws requiring a certain amount of time to pass before you can bring suit to recover wages. Otherwise, it sounds like a violation of federal minimum wage law. I would... Read more »

1 Answer | Asked in Employment Law for Kansas on
Q: Does an employer have to disclose why you failed a background check?? And is there a protocall they have to follow?

Employee was already hired. Fired them without giving any info except he failed background check..

Kyle Anderson
Kyle Anderson answered on Dec 3, 2020

Hi, more information is needed here but it sounds like a law known as the Fair Credit Reporting Act "FCRA" is implicated here. Under the FCRA, an employer is required to provide the employee a copy of his background check (or "consumer report") and a summary of the... Read more »

1 Answer | Asked in Employment Law, Business Law, Collections and Constitutional Law for Texas on
Q: How do I collect on a case that was granted in my favor in court. And is still growing interest

The company never showed up for court after being served they moved the company on the same day

Teri A. Walter
Teri A. Walter answered on Dec 3, 2020

There are several things that need to happen. The first is usually to prepare (or request the clerk to prepare) an abstract of judgment and record it in the real property records in any county where your judgment debtor owns (or may own) real property. Next, see if you can determine what assets... Read more »

3 Answers | Asked in Employment Law, Personal Injury and Civil Rights for California on
Q: Must I attach exhibits when filing a pleading in California court?
William John Light
William John Light answered on Dec 2, 2020

If it's an exhibit, that means that some pleading refers to it for some evidentiary purpose. If you don't attach it - to the pleading, declararation, etc., - how will the court see the exhibit to which you are referring?

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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Florida on
Q: I was recently terminated and I am sure it was due to discrimination but was covered up by a probationary termination..
Charles M.  Baron
Charles M. Baron answered on Dec 2, 2020

You did not ask a question, but I assume your question is, "Can I make a claim?". Probationary termination cases are tough, since the employer needs no reason whatsoever to terminate, but at the same time, the your race, sex, age, national origin, etc. cannot legally be the reason for... Read more »

2 Answers | Asked in Employment Law for California on
Q: I want to know my rights as a student intern. I'm an international student.

I'm a student and I've been interning at a company for a few months. My semester ends mid-December, but my company wants me to work until December 31 (even though I'm returning in January). Jan-May is my last semester before I graduate and I wanted to take my winter break, but they... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 2, 2020

No one here can tell you, of course, what the terms of your internship program says, so no guidance here can relate to that. However, as a paid intern you are considered to be an at will employee unless you have an agreement to the contrary with the employer. That means you can quit at any time... Read more »

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1 Answer | Asked in Employment Law for North Carolina on
Q: If I work for a company like skyes work from home customer service job. Could I pay someone to do my job for me?

Is it illegal?

Ben Corcoran
Ben Corcoran answered on Dec 2, 2020

Highly likely that this would be against your employment contract, but without reading that I couldn't give an opinion on whether or not this may be allowed. I would suggest against it though as I strongly suspect that this would be a breach of your employment contract.

1 Answer | Asked in Employment Law for Wisconsin on
Q: Are there ways to avoid paying a sign-on bonus back?

I received a sign-on bonus that is contingent on me working a full year. The job is being a technical analyst. This is a consulting gig for software. Instead, the company has me working as a call center rep for unemployment. I feel as if I was lied to about what I would be working on and accepted... Read more »

Carrie Dyer
Carrie Dyer answered on Dec 2, 2020

Probably not, but you should have your employment agreement / bonus agreement reviewed by an attorney in your area who practices employment law to be sure. There may be other terms in your agreement that are relevant to this determination.

1 Answer | Asked in Employment Law for Michigan on
Q: What are my options for a cut in pay?

I was moved about 5 years ago. Always told pay would remain as is. Now being told my “transition” is coming to an end, and I am being offered a cut in pay or buyout. I need to keep working. Do I have any legal foundation to help strengthen a negotiating stance for more pay?

Marlo Bruch
Marlo Bruch answered on Dec 2, 2020

More information is needed in regards to any written agreements, your employee handbook and personnel file. Most employees in Michigan are at will but depending upon any written documentation, that may change if you have more legal rights to leverage to keep your pay or to enhance a severance... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: I was sent an offer letter but it was rescinded after my background check? Does this fall under Title VII?

I have a felony on my background from 1996 and I feel that my old case shouldn’t have precedence in my life anymore. One conviction, never been in trouble again, two Master Degrees since my release, been managers for large organizations and still have to deal with this issue. I’m in a... Read more »

Carrie Dyer
Carrie Dyer answered on Dec 2, 2020

If the employer rescinded your offer of employment due to the felony conviction, and not becuase of your status in a protected class, then your employer did not act unlawfully.

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: Collecting unemployment

I worked at a company for 2 years at the same job in the company as a high reach operator. They bought in a new supervisor and she changed me to another department were i had no experience or certification on the equipment. Which they told me I had to do. I am scared of heights and... Read more »

Andrew S. Abramson
Andrew S. Abramson answered on Dec 2, 2020

In order to qualify for unemployment compensation in Pennsylvania when an employee quits work (i.e. resigns) the legal standard is that there must be a "necessitous and compelling reason" for resigning. Prior to quitting, an employee should discuss the issue(s) of concern with the... Read more »

1 Answer | Asked in Employment Law for Washington on
Q: If a company sends you a letter offering employment and you sign and accept is it legally binding?

The letter offers the position and the start date. I signed it and sent back to my HR department. Now they are pushing the start date back and saying first letter is not valid. In the letter there is no mention of changing hiring dates.

Rhiannon Herbert
Rhiannon Herbert answered on Dec 1, 2020

Unfortunately, an offer letter is not a contract, meaning it is not legally binding. While it is inconvenient for you, your employer is permitted to push your start date back and issue a new letter with updated terms.

1 Answer | Asked in Employment Discrimination and Employment Law for West Virginia on
Q: My husband has been out of work since March and has been denied unemployment as he had a partial left foot amputation in

In April and couldn't actively seek work he still has his job when the doctors clear him I am disabled and we have been forced to live on my disability can I sue the unemployment office for benefits including retroactive ones?

Rhiannon Herbert
Rhiannon Herbert answered on Dec 1, 2020

To be eligible for unemployment benefits, the general rule is that the individual must be physically able to work. Thus, during your husband's surgery and post-operative recovery period, he would unfortunately not be eligible to receive unemployment benefits if he was not physically able to... Read more »

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