Employment Law Questions & Answers by State
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Employment Law Questions & Answers
Q: After two years of working for my California employer they threw a non-solicit agreement at me to sign. Is this legal?
Ali Ebrahimzadeh, Esq.'s answer
Such contracts are strictly scrutinized in CA and often considered invalid by CA Courts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce...
Such contracts are strictly scrutinized in CA and often considered invalid by CA Courts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce...
Q: What entrepreneurship options do I have as a current H-1B software developer?
Roger Carl Algase's answer
Entrepreneur visas allowing you to be your own boss in America are not easy to come by and are subject to many restrictions. Depending on which country you are from and how long it would take to get a green card through labor certification, you might try looking for a company that would be willing to sponsor you for a labor certification green card as an employee, so you could get your green card and be free to work in any capacity or career in the U.S. that you wish.
Entrepreneur visas allowing you to be your own boss in America are not easy to come by and are subject to many restrictions. Depending on which country you are from and how long it would take to get a green card through labor certification, you might try looking for a company that would be willing to sponsor you for a labor certification green card as an employee, so you could get your green card and be free to work in any capacity or career in the U.S. that you wish.
Q: If my NYS employment contract does not have breach penalties do I face any reprocussions for breaking it?
V. Jonas Urba's answer
Maybe. If what you are about to do causes your employer damages that you could or should have foreseen.
If your employer incurred expenses or damages because of or while hiring you.
These are only a few examples. You should take whatever agreement you have to an employment lawyer and have them spend an hour or two with you giving you worst case scenario.
Then you MAY approach the correct person at your current workplace and negotiate your resignation with or without...
Maybe. If what you are about to do causes your employer damages that you could or should have foreseen.
If your employer incurred expenses or damages because of or while hiring you.
These are only a few examples. You should take whatever agreement you have to an employment lawyer and have them spend an hour or two with you giving you worst case scenario.
Then you MAY approach the correct person at your current workplace and negotiate your resignation with or without...
Q: At what point is this harassment?
1 Answer
| Asked
in
Small Claims, Criminal Law and Employment Law
for
Rhode Island
on
Answered on Jun 25, 2017
Answered on Jun 25, 2017
Neville Bedford's answer
For your own peace of mind, you might be looking for a new live/work situation. A restraining order will likely necessitate exceptions to allow for incidental contact at work/home and may be of little help to you.
For your own peace of mind, you might be looking for a new live/work situation. A restraining order will likely necessitate exceptions to allow for incidental contact at work/home and may be of little help to you.
Q: Im on workmancomp i do get benefits but if i get another job because of financial reasons will they cut off my benefits
Roy Lee Warren's answer
If you are getting wc disability that could stop, but not your medical benefits. You are supposed to have that for life if related to the injury.
If you are getting wc disability that could stop, but not your medical benefits. You are supposed to have that for life if related to the injury.
Q: What does this mean ?
Roy Lee Warren's answer
It would appear that TWC has reversed a decision saying you were not entitled to unemployment benefits to now say you ARE entitled to benefits if you otherwise qualify bc the evidence does not prove you lost employment due to your fault fired for cause or quit.
It would appear that TWC has reversed a decision saying you were not entitled to unemployment benefits to now say you ARE entitled to benefits if you otherwise qualify bc the evidence does not prove you lost employment due to your fault fired for cause or quit.
Q: My employer accused me of stealing time?
Roy Lee Warren's answer
As you may be aware Texsa is an "at will" employment state so you can be fired for any reason or no reason unless you have an employment contract. What you describe could result in problems for you down the line so you want to make sure it is resolved. I suggest you contact the Texas Workforce Commission. I will post its website below for you. Best of luck.
https://wit.twc.state.tx.us/WORKINTEXAS/wtx?pageid=APP_HOME&cookiecheckflag=1
As you may be aware Texsa is an "at will" employment state so you can be fired for any reason or no reason unless you have an employment contract. What you describe could result in problems for you down the line so you want to make sure it is resolved. I suggest you contact the Texas Workforce Commission. I will post its website below for you. Best of luck.
https://wit.twc.state.tx.us/WORKINTEXAS/wtx?pageid=APP_HOME&cookiecheckflag=1
Q: Would I be eligible to counter-sue?
Mitchell Feldman's answer
Consult a wage lawyer this seems to be possibly unlawful but need more facts on the job you do, if paid a salary 400$ and not overtime you may. E owed for all overtime hours plus double
Consult a wage lawyer this seems to be possibly unlawful but need more facts on the job you do, if paid a salary 400$ and not overtime you may. E owed for all overtime hours plus double
Q: is there recourse if an employer ignores a grievance?
Mitchell Feldman's answer
Not enough facts for any lawyer to really answer so resubmit or consult a lawyer.
But a generic grievance like someone just bothering you or Yelling etc an employer has no legal obligation to respond, all depends on what you complained of
Not enough facts for any lawyer to really answer so resubmit or consult a lawyer.
But a generic grievance like someone just bothering you or Yelling etc an employer has no legal obligation to respond, all depends on what you complained of
Q: I was in the process of being displaced and then the company changed the long standing published severance policy it
Mitchell Feldman's answer
The policy in affect when you are let go is the one that should apply under general contract principles but should consult with erisa lawyer
The policy in affect when you are let go is the one that should apply under general contract principles but should consult with erisa lawyer
Q: Can I sue my employer for breaking the FLSA (not giving me the tips I earn) for more than just the tips that she owes ?
Mitchell Feldman's answer
The Flsa can be brought in state or federal court. If you earned a tip it's your money and management can't take any part of it but tipped employees can pool. From what you said you never had situation where tips would exceed 1$ per hour for all so not sure what you are saying but again your employer cannot withhold tips or exercise dominion and control over it or take 1$
The Flsa can be brought in state or federal court. If you earned a tip it's your money and management can't take any part of it but tipped employees can pool. From what you said you never had situation where tips would exceed 1$ per hour for all so not sure what you are saying but again your employer cannot withhold tips or exercise dominion and control over it or take 1$
Q: Greetings, I have very unfavorable and racially discriminated against and how do I get a pro bono lawyer ?
1 Answer
| Asked
in
Civil Rights, Employment Discrimination and Employment Law
for
Georgia
on
Answered on Jun 25, 2017
Answered on Jun 25, 2017
Mitchell Feldman's answer
Contact The bar or nela but many employment lawyers such as myself take cases on contengency fee basis, no fee unless they make a recovery
Contact The bar or nela but many employment lawyers such as myself take cases on contengency fee basis, no fee unless they make a recovery
Q: What happens if you break company policy as employee?
1 Answer
| Asked
in
Employment Law and Employment Discrimination
for
Georgia
on
Answered on Jun 25, 2017
Answered on Jun 25, 2017
Mitchell Feldman's answer
Generally an employee in a private company can be fired for any reason such as violating company policy or even as simple a reason as they just want a change or don't think you are a good fit or a problem employee
Generally an employee in a private company can be fired for any reason such as violating company policy or even as simple a reason as they just want a change or don't think you are a good fit or a problem employee
Q: What if fire one of my employee for no call/ no show up?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Georgia
on
Answered on Jun 25, 2017
Answered on Jun 25, 2017
Mitchell Feldman's answer
Generally as a private employer you can fire an employee for any reason that is legitimate and not discriminatory or retaliatory in violation of any law or Civil rights act, even just because you don't like the person or feel he's working out
Generally as a private employer you can fire an employee for any reason that is legitimate and not discriminatory or retaliatory in violation of any law or Civil rights act, even just because you don't like the person or feel he's working out
Q: An employee came to work after admittedly having "two beers". Can they be told to resign or terminated, and (more)
Mitchell Feldman's answer
If this violates the company policy then yes can be terminated or asked to resign. As to union questions need to see the CbA and you should consult a lawyer
If this violates the company policy then yes can be terminated or asked to resign. As to union questions need to see the CbA and you should consult a lawyer
Q: As a commission only paid cosmetologist, can my employer require me to be present when I am not booked with a client?
Mitchell Feldman's answer
If you are an employee with a w-2 and not a 1099 contractor yes, but if being forced to do non commission work may have to pay you minimum wage for that time.
Just because you are paid on commission only basis employer still has to abide by the Flsa and pay overtime and minimum wages depending upon many facts
If you are an employee with a w-2 and not a 1099 contractor yes, but if being forced to do non commission work may have to pay you minimum wage for that time.
Just because you are paid on commission only basis employer still has to abide by the Flsa and pay overtime and minimum wages depending upon many facts
Q: Can my job make me do the duties of a higher paying position without compensating me the difference
Mitchell Feldman's answer
It is legal unless you are being paid less for discriminatory reasons protected by civil rights and Adea or ada
It is legal unless you are being paid less for discriminatory reasons protected by civil rights and Adea or ada
Q: I work for a hospital. I'm part-time and work 48hrs every 2 weeks. Can the employer deny me FMLA?
1 Answer
| Asked
in
Employment Law and Employment Discrimination
for
Florida
on
Answered on Jun 25, 2017
Answered on Jun 25, 2017
Mitchell Feldman's answer
You can get fmla if employed for past year and have 1250 hours and have 50 employees in 75 Mile radius
You can get fmla if employed for past year and have 1250 hours and have 50 employees in 75 Mile radius
Q: Where can we get a blank template of a Pennsylvania Independent Contractor Agreement, which we can edit and fill in?
1 Answer
| Asked
in
Business Law, Contracts, Employment Law and Workers' Compensation
for
Pennsylvania
on
Answered on Jun 24, 2017
Answered on Jun 24, 2017
Nancy L Lanard's answer
You should retain counsel to advise you. Each independent contractor situation is different. The attorney can prepare an independent contractor agreement that can be used as a template for the various situations.
Good luck.
You should retain counsel to advise you. Each independent contractor situation is different. The attorney can prepare an independent contractor agreement that can be used as a template for the various situations.
Good luck.
Q: Employee taking vacation for surgery. Their job requires them to be able to lift 50lbs- I have no other job for them
Mr. Michael O. Stevens' answer
As an employer, I strongly suggest you retain an attorney to provide a detailed analysis. There are lots of employer-side law firms out there, and you do not want to end up with a lawsuit, as that will be much more expensive than paying for an opinion.
As an employer, I strongly suggest you retain an attorney to provide a detailed analysis. There are lots of employer-side law firms out there, and you do not want to end up with a lawsuit, as that will be much more expensive than paying for an opinion.
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