Employment Law Questions & Answers

Q: trying to find a way to hire1099 and no w2.

1 Answer | Asked in Employment Law and Business Law for California on
Answered on Aug 16, 2017

There are fairly well-defined methods for deciding whether someone is an independent contractor or an employee. It sounds like you used a checklist. That is helpful but not may not be binding. IRS has "Publications" which address many issues in detail. It seems as though you need help. You will be investing time and money. You should consult an attorney. There can be significant penalties for making the wrong decision.

See the disclaimer at the bottom of this page.
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Q: I was recently let go from a job. They are claiming I was asleep or sleeping on the job, which I was not.

1 Answer | Asked in Employment Law and Employment Discrimination for Alabama on
Answered on Aug 16, 2017

You need a lawyer to assist you. If no contemporaneous report of being caught sleeping on the job was made, then the company has no evidence of dereliction of duty. Plus, many places of employment have cameras, and these can possibly refute their claims.

Your case seems like a retaliatory firing. Now, get help in proving it.

Call this Atlanta lawyer, (who used to work with me) to get a referral in Alabama, if you are going to hire a lawyer.

A J Lakraj, 404-214-0120.
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Q: I got rfe on my H1b amendment and filed response,Now waiting for uscis response. In this time can I do new transfer

2 Answers | Asked in Employment Law and Immigration Law for New York on
Answered on Aug 16, 2017

I believe only if you file a new transfer request and cite to the pending response to the RFE...

Call USCIS directly for a precise answer, they are constantly changing their rules.
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Q: Are potential employers allowed to ask you personal information during an interview (like family status or sexual

2 Answers | Asked in Employment Law for New York on
Answered on Aug 16, 2017

If you are the most qualified or even equally qualified you get the job.

Otherwise employer has to show why someone else was better. If they don't you get job and/or damages.

Lawyer up. Unlike some PI cases employment law cases are rarely slam dunks.
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Q: Is it illegal to tell worker ro wait for day off to seek medical attention and tell worker they can't file workers comp

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Answered on Aug 16, 2017

Telling workers not to report an injury is a "No, No"! Once your employer know of the injury it is its duty to report the injury to the carrier and file the paperwork, even if the employee begs it not to report the injury if it is a lost time injury. Protect yourself by giving written notice so employer cannot deny knowledge.
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Q: I am a 16 year old high school graduate. Do child labor laws still apply to me and can I work at night in Los Angeles?

1 Answer | Asked in Employment Law, Civil Rights and Gov & Administrative Law for California on
Answered on Aug 15, 2017

Legislators pass laws that often make no sense. At age 16, I worked at a service station at night, but that was in GA.
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Q: legally protected" activities and were fired for engaging in that activity. what does this mean.

1 Answer | Asked in Employment Law for North Carolina on
Answered on Aug 14, 2017

I think you posted a question earlier, then followed up with another post and now this post. I think you are trying to ask follow up questions. The best way to get your questions answered is to speak directly to an employment attorney. If you did not post, then you may want to provide additional information for this post.
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Q: So with them letting me go without probable cause other than they are now saying I am a thief.

1 Answer | Asked in Employment Law for North Carolina on
Answered on Aug 14, 2017

Not exactly sure what you are asking. However, an employer does not need "probable cause" to terminate an employee in North Carolina. If you are over 40 and you are terminated due to your age, then you may have a legal claim. You will need to show that your age was the reason for the termination. If you are harassed due to your religion, then you may have a claim.
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Q: I was wanting to know if an employer can treat you badly and if something goes wrong blame you and not let you know.

1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for North Carolina on
Answered on Aug 14, 2017

This is an employment-at-will state which means you can be fired (or treated poorly) for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against you. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful retaliation. Discrimination in employment is unlawful if it is due to race, color, sex, national origin, religion, disability or age 40 or older. Retaliation in employment is unlawful only if you...
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Q: I was a social worker at a drug and alcohol rehab. A friend of mine from high school came into the facility. We went

1 Answer | Asked in Employment Law, Health Care Law and Personal Injury for New York on
Answered on Aug 14, 2017

Lawyer up.... Happy to assist if you want to email me.
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Q: Is it legal for HR to disclose the contents of my medical leave letters written by my doctors to my supervisor?

1 Answer | Asked in Employment Law and Health Care Law for California on
Answered on Aug 13, 2017

There is missing information which would be helpful in answering your query. For example, did you suffer any harm as a result of the HR disclosure of the medical leave letters to your supervisor? In any event, you can send an email or other written communication to the head of HR and protest her decision to disclose the contents of your doctors letters with your supervisor on the grounds that it is personally embarrassing to you.
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Q: If I had a claim 7 years ago settle claim then just started working 4 months into the new job pulled a muscle

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Answered on Aug 13, 2017

You must answer the question they've given you honestly and openly. You should disclose any previous work related injuries you suffered within the past 10 years, regardless of what part of your body. Failure to do so could cause you problems with your claim and harm to your credibility.
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Q: Am i entitled to my pay immediately? Also is this wrongful termination? And can they drug test me based on that?

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Answered on Aug 13, 2017

The security company for home you work has the right to impose a drug and alcohol free requirement on employees. If you had to take prescription medication you should have advised your immediate supervisor of that fact so that you could get clearance to work or not. Based on the information you provided, I do not believe you had any reasonable right to refuse a drug test, after you admitted that you were on pain medication for an impacted tooth. You put yourself in a difficult situation by...
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Q: hello is it illegal for me to obtain information from a lawyer when I have one? I believe my attorney is being unethical

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Answered on Aug 13, 2017

You have posted your question for California lawyers to respond, however you are apparently residing in Georgia. You need to contact attorneys licensed in Georgia to answer your question.
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Q: Can I drive my bosses vehicle for work if my license is suspended? I live in Ca, license suspended for FTA's

1 Answer | Asked in Employment Law and Traffic Tickets for California on
Answered on Aug 13, 2017

As far as I know, if your license has been suspended you cannot drive any vehicle until you have a valid drivers license. It is not that difficult to take care of the fix-it ticket which you ignored. You should contact a lawyer experienced in handling these kinds of matters and have her/him resolve it for you.
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Q: my wifes work called police to check on her safety because she called in sick. assumed i was hurting her what can i do

1 Answer | Asked in Employment Law, Domestic Violence and Libel & Slander for California on
Answered on Aug 13, 2017

This is too vague. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. 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 & Child Custody, and Education Law. This answer does...
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Q: Do I have a legal basis to sue if I was fired on my first day at Subway? Is my future resume tarnished by being let go?

1 Answer | Asked in Employment Law and Workers' Compensation for Georgia on
Answered on Aug 13, 2017

unfortunately, as an employee at will your employer can fire you for any reason. In this context, I would move on.
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Q: can anyone recommend a civil rights attorney in the bay area with moxie who still believes the client comes first.

1 Answer | Asked in Civil Rights and Employment Law for California on
Answered on Aug 12, 2017

Contact Gary Gwilliam in Oakland.
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Q: I've recently found out that my former manager is sharing details of my workers compensation claim to other employees.

1 Answer | Asked in Employment Law, Workers' Compensation and Civil Rights for Pennsylvania on
Answered on Aug 12, 2017

While I can't tell you about your rights with regard to the sharing of information (my firm only handles PA workers' compensation cases), I can tell you about dealing with a denied claim - consult with an attorney, preferably certified in workers' compensation law. Once you give notice of your injury, you have three years from the date of your injury to file a claim petition, though why wait? As long as a doctor has you out of work as a result of the work injury, you may have a valid claim....
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Q: If I work in an office with 12 people does my employer have to offer workers comp?

1 Answer | Asked in Employment Law and Workers' Compensation for Florida on
Answered on Aug 12, 2017

In order to be more specific in my response to your question, I would need far more information. The law as to how many employees an employer must have before workers' compensation coverage is required in the state of Florida depends on many variables. Such variables include, but are not limited to, the type of work the company is engaged, whether the company is private or public, and if the "people" you reference in your question are independent contractors, employees by statutory definition,...
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