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Employment Law Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: I believe I was wrongfully terminated and wrongfully denied my earned PTO pay upon leaving. Do I have a case?

I was fired from my job because I pointed out due to a FMLA mixup that matrix tried to correct and whirlpool denied. They also refused to pay me my earned PTO time that I have left upon being fired because they said I did not request that I have it paid out. However, I was never told I had to... Read more »

Kyle Anderson
Kyle Anderson answered on Jan 24, 2020

Hi, the FMLA is a complex area of law and more facts are needed to fully evaluate your situation. Please reach out to an employment law attorney in Ohio.

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Using non-payment of incentive as evidence of hostile work environment and discrimination?

A company has different departments. Some department has incentives and some department doesn't. The incentive basically works on how much time you save. So for example: You complete a 60 minute assignment in 30 minutes. So any time you save is added to your weekly check.

Every so often... Read more »

V. Jonas Urba
V. Jonas Urba answered on Jan 24, 2020

I think you need to call some employment lawyers. We would need to inquire much more about the facts which are actually motivating the changes to pay practices.

1 Answer | Asked in Employment Law for Oregon on
Q: What can I do if my employer doesnt pay me?

It has been 7 days tomorrow since "payday." My boss says "he doesnt know when we will get paid."

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 24, 2020

If you don't think they have the money, and that is what it sounds like, start looking for another job. Then contact BOLI as they have a special fund to pay you.

If you think they have the money, then best contact an employment law attorney to discuss your options.

1 Answer | Asked in Employment Discrimination, Employment Law and Federal Crimes for Florida on
Q: My employer is committing fraud. I thought it was accidental and pointed it out, I was then bullied,

And intimidated by my coworker, our boss, our bosses boss who is also my coworkers mom. I filed an official grievance per comp policy over this. I have now been moved into a corner desk, restricted from speaking with coworkers, threatened with firing, and now they made a revision to our employee... Read more »

B. Elaine Jones
B. Elaine Jones answered on Jan 23, 2020

I would not sign the new handbook it you already believe that you will be fired. You did not mention how many employees the employer employs. I am assuming since you filed with the EEOC that it is at least 25. You really need to consult with and retain an employment law attorney. Most JUSTIA... Read more »

1 Answer | Asked in Employment Law for California on
Q: I work at a dealer ship from 8am to 5pm monday to friday. but I'm on call from 6am to 7pm everyday

I get paid per call if I dont resive any calls I dont get paid is there any laws against that ?

Neil Pedersen
Neil Pedersen answered on Jan 23, 2020

There is nothing unlawful about not paying you to be on call but if you get a call you must be paid for the time you spend on that call. Also, if you already are working an 8 hour workday, any time spent on these calls after hours should be compensated as overtime.

Good luck to you.

1 Answer | Asked in Employment Law for Maryland on
Q: I was fired for calling out for a family medical emergency do I have a legal recourse?

I was on the last stage of disciplinary action, my wife had an out patient procedure and the next morning she started hemorrhaging badly. I called my supervisor and told him that I have a family emergency and I would need a to be out with his permission given the position that I was . He said OK... Read more »

Joseph D. Allen
Joseph D. Allen answered on Jan 23, 2020

Possibly- it depends on all the facts and circumstances, but the employer's action could be a violation of FMLA or the MD Sick/Safe Leave law. Employees faced with an unforeseeable medical emergency generally only have to give notice as soon as is practicable under the circumstances. But again-... Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: Is being let go for not being a good fit for the company legal if you got along with all your coworkers?

I was fired on Jan,16 2020 for not being a good fit for the company even though I got along with everyone I worked with. I had been working for them since May 2019 with no issues at all no complaints. I was even sent a text and an email from my bosses on the 16th stating I was scheduled to work and... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 23, 2020

Google "Employment At Will" and you can become educated on how employment is in most of the United States.

1 Answer | Asked in Employment Law for California on
Q: I work at a golf course. Are they required to post a schedule by a certian time
Neil Pedersen
Neil Pedersen answered on Jan 23, 2020

Sorry but no. There is no state or federal law that even requires a written schedule ever. I realize not knowing your approaching schedule is extremely inconvenient. If you cannot work in that kind of place, it is time to use your at will right to go elsewhere. Good luck to you.

1 Answer | Asked in Employment Law for Oregon on
Q: Since termination paperwork is not required and I’ve been told I’m fired...

Since termination paperwork is not required and I’ve been told I’m fired but must work another month, if I leave my job now and not work that month is it considered that I quit or fired.

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 23, 2020

Quit in a general sense. Hard to say if you be eligible for unemployment benefits.

1 Answer | Asked in Employment Law for Wisconsin on
Q: Hello, My wife was wrongfully terminated and we are looking to see if we have a case with her previous employer.

My wife works in the Accounting department and was two months into her position before her termination. During this time she was trained by her Supervisor while logged into the system under my wife's credentials. The company received a check for deposit and was processed and approved by my wife's... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Jan 23, 2020

Unfortunately, there is no liability here. While your wife's termination is unfair, you live in an at-will employment state, meaning both the employee and the employer may terminate the employment relationship at any time for any reason or no reason at all (as long as the reason isn't... Read more »

1 Answer | Asked in Employment Law for Colorado on
Q: Can you be fired for a work schedule change you weren’t notified of?

Hi. Every week I take a photo of my work schedule that’s posted each Sunday. This past Sunday, according to my schedule I was supposed to come in on Wednesday. When I arrived today (Wednesday), my boss told me he had changed the schedule and that I was actually supposed to come in on Tuesday... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Jan 23, 2020

Unfortunately, there is no violation here. While this situation is unfair to you, you live in an at-will employment state, meaning you or your employer may terminate the employment relationship for any reason or for no reason at all (as long as the reason is not discriminatory).

1 Answer | Asked in Employment Law for Ohio on
Q: Bathroom breaks. I was denied a 5-8 minute break to change my tampon. I couldn’t wait for lunch; it’s 2 hours away

my question is in regards to bathroom breaks. I was to work 11 hours minus my lunch (30 mins) and 3 breaks with 2 hours 45 Mins in between each breaks and lunch. I was on my menstruation and my manager gave me a verbal warning for taking an 8 min bathroom break to change myself. I asked her if I go... Read more »

James J. Hux
James J. Hux answered on Jan 23, 2020

This sounds like it could be gender discrimination to me. You should contact an employment law attorney as soon as possible to discuss the situation in more detail. Some will offer a free initial consultation.

Attorney James J. Hux

Hux Law Firm, LLC

1 Answer | Asked in Employment Law for Texas on
Q: My boss took money out of my account with out telling me. Is this legal.

My boss gave me to heads up she was taking money out of my check. I am paid salary and never has she ever not paid me for days the shop was closed but for some reason she thought it would be ok to not pay me or the rest of the company salary or not for the 30th and 31st is December 2019 with out... Read more »

Kyle Anderson
Kyle Anderson answered on Jan 23, 2020

More facts are needed to fully evaluate your situation. However, in certain circumstances, deductions from an employee's salary are permissible if the employee is absent from work for one full day or more full days. It would not be permissible to deduct if an employee is only absent for a half day,... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: I’m looking for an employment law attorney or litigation attorney I got the letter from EEOC right to sue I need help

I got let go while I was off work on disability wrongful termination TEC found in their findings it was medical verifiable illness so I won my case it to EC I did collect unemployment

Kyle Anderson
Kyle Anderson answered on Jan 23, 2020

Hi, you should search for employment law attorneys in your state. Some you may be able to find through Google. Good luck moving forward.

1 Answer | Asked in Employment Law for Oregon on
Q: can employer withhold termination paperwork until I’ve worked another month and a half.

I was told verbally that I was to be terminated and this was confirmed by email from HR. Further HR email says their understanding is they won’t supply termination paperwork until I’ve worked another month and a half. I’m fairly certain this is because they haven’t hired anyone to replace... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 23, 2020

Other than COBRA and benefits related documents, they do not have to provide you any sort of termination paperwork, assuming this is a private, non-union job. And any paperwork they would be required to do, such as COBRA, is at the time of your last day or later.

1 Answer | Asked in Social Security, Employment Law and Personal Injury for California on
Q: What are the guidelines for California ssdi

I worked most of my life and did pay into disability benefits. I was not employed at the time of my injury and was granted ssi. Can I put in an appeal to get ssdi benefits?

Dale S. Gribow
Dale S. Gribow answered on Jan 22, 2020

MORE INFO NEEDED.

YOU NEED TO ASK THIS QUESTION ON AN EMPLOYMENT LAW FORUM.....I ONLY HANDLE DUI AND PI

1 Answer | Asked in Employment Law for California on
Q: Is it considered a business day if the business is open on a holiday?
Neil Pedersen
Neil Pedersen answered on Jan 22, 2020

It depends on what you are interpreting. Such an open-ended question cannot be answered in a vacuum. Sorry.

Good luck to you.

1 Answer | Asked in Employment Discrimination and Employment Law for Missouri on
Q: Are employers allowed to request a dr note from an employee every time there child or self is sick?

This is not a standard policy for all employees in this company

Greg Mansell
Greg Mansell answered on Jan 22, 2020

Unfortunately, there is nothing the legally prohibits an employer from requiring a doctor's note for missed absences due to illness.

1 Answer | Asked in Employment Discrimination, Employment Law and Real Estate Law for Illinois on
Q: I feel that I was wrongfully terminated from my job as an independently contracted leasing agent. What are my rights?

I feel that I was misclassified as an independent contractor in the first place but I know things get blurry in the realm of real estate: does this change anything? I also believe that I was terminated on grounds that were discriminatory and retaliatory but I am unfamiliar with my rights since I... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 22, 2020

You're asking the right questions. The problem is that you need to schedule an appointment with a lawyer well-versed in employment law who can develop the information necessary to answer them by speaking with you. No one can provide you useful advice on the scant information provided.

One...
Read more »

2 Answers | Asked in Employment Law for New York on
Q: If a person is sexual harassed at work, supervisor knows, and still works with that person is there a case?

After telling supervisor about all the things other rep said, was still told to work with that person. The one who said it was mad that something was stated to the boss about said stuff. Had 3 days of that person saying sexual comments. Now hard to work with this person.

Carrie Dyer
Carrie Dyer answered on Jan 22, 2020

You should review your employer's handbook or policy regarding reporting incidents of sexual harassment and ensure that you are following that policy. You should also report the sexual comments, in writing, to the Human Resources department. Be sure to report all future incidents in writing as... Read more »

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