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Alabama Employment Law Questions & Answers
1 Answer | Asked in Consumer Law, Employment Law, Contracts and Collections for Alabama on
Q: My wages are being garnished by employment for old credit card debt. If I quit my job and work as a 1099 what can happen

This is in Alabama and the bank is capital one for one judgement for around $1,200 which is being garnished as a regular employee and I have another judgment for $2,000 something that can’t be garnished because I’m already being garnished I never went to court for this. If I was as a 1099 or... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 10, 2019

Changing your employment status from regular employee to 1099 independent contractor will NOT stop or prevent a judgment creditor from seizing part of your paycheck. In fact, changing status will INCREASE the amount of the paycheck--which should bring a smile to your judgment creditor's ugly face.

Q: As a developer, does my employer own rights to my side projects that I work on in my own time and on my own hardware?

In my employer’s employment agreement:

“As between Company and myself, I agree that all right, title, and interest in and to any and all copyrightable material, notes, records, drawings, designs, inventions, improvements, developments, discoveries and trade secrets conceived,... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jul 1, 2019

That is what they are asking for. You would need to consult with an employment attorney in your state to see if this would be enforceable under local law.

This is an overreach by the company. Normally, they limit this sort of agreement to inventions or software related to their line of...
Read more »

1 Answer | Asked in Civil Litigation, Employment Law and Workers' Compensation for Alabama on
Q: I'm interested in filing a suit against let's eat out Incorporated

I have proof of the wrongs that were done to me at the Athens Alabama location and have proof that I reached out for help from people and higher positions and was ignored also there are for other people and similar situations with proof for their own wrong-doings by this company.

Tim Akpinar
Tim Akpinar answered on Oct 25, 2018

Based on the limited details here, it could be difficult for an employment attorney to advise you whether or not you have a valid claim. If you consulted with an employment attorney, you could at least learn what timeframes you need to take action before to preserve your legal rights if they... Read more »

1 Answer | Asked in Contracts and Employment Law for Alabama on
Q: I’m a nurse practitioner and I signed an employment contract to give 3 months notice prior to resignation.

I’m a nurse practitioner and I signed an employment contract to give 3 months notice prior to resignation. However, they recently posted my job on Indeed. I approached my collaborating physician about it and he never came out and said it was my job but didn’t say it wasn’t either. He did say... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jan 29, 2018

I think it is entirely possible that your contract with the doctor is not enforceable because you are a professional. Call a lawyer in your town and get some advice here. Make sure the attorney knows that the new statute concerning non compete agreements does not abrogate the prohibition against... Read more »

1 Answer | Asked in Employment Law and Personal Injury for Alabama on
Q: Can I sue Dorsey trailers for firing me for going in rehab

My husband worked at Dorsey Trailer from 2012-2015. Left to work at walmart for a year and returned to Dorsey July of this year. They knew he was alcoholic and wrote him up once or twice for drinking on the job during his first employment with them. Since his return, his immediate supervisor has... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 9, 2017

Unlikely but the best thing to do is consult a member of the Alabama Trial Lawyers Assn who handles employment issues and see what they say; they give free consults.. If they did allow him to use other vehicles to get booze it's possible.

1 Answer | Asked in Employment Law and Employment Discrimination for Alabama on
Q: Can an employer rescind a job offer on the basis that something might show on background report?

I had an interview with an insurance company which went extremely well, and I was immediately offered a position. I went back in to fill out paperwork, and I was asked if I had ever been convicted of a felony. I was honest and said yes. Eleven years ago I was convicted of class c possession. No... Read more »

Anthony Rocco Pecora Esq
Anthony Rocco Pecora Esq answered on Oct 11, 2017

An employer may use a background report to assist it in making employment decisions. HOWEVER, since background reports or background "checks" are considered consumer reports under the Federal Fair Credit Reporting Act (FCRA), employers must follow specific rules when not only using the reports but... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Alabama on
Q: I was wrongfully Terminated based on accusations that weren't verified.Who do I contact and can I sue on low income?

they pitted my managers word over my own with no evidence to back anything up. i was called a dishonest person and fired. i have proof with recepits and times to prove my innocence and cameras will show that i am not lying. but noone ever checked. what can i do? im out of a job for no reason and... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Sep 13, 2017

In Alabama an employer can fire you for any reason at all -- provided that reason is not because of your race, disability gender etc. If you believe you were fired because of one of those kinds of reasons, you first have to go to the Equal Employment Opportunity Commission and file a complaint.... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Alabama on
Q: I was recently let go from a job. They are claiming I was asleep or sleeping on the job, which I was not.

Fact is is I just wasn't the right ethnicity, they needed a Spanish collector. I went ahead and filed for unemp. but they keep fighting it, how is that legal?

William Head
William Head 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...
Read more »

1 Answer | Asked in Criminal Law, Employment Law, Libel & Slander and Small Claims for Alabama on
Q: I am a server in a restaurant. A customer accused me of adding a $4.tip. Customer nor restaurant have receipts.

What should i do to protect myself?

Samuel G McKerall
Samuel G McKerall answered on Apr 15, 2017

Nothing. Nothing means NOTHING. Don't talk to law enforcement about it. Don't talk to your employer about it. If either of them want to discuss it with you, politely reply that you will be happy to discuss it with them IF, and only if, your lawyer can be present, Then go hire a layer and do... Read more »

1 Answer | Asked in Contracts and Employment Law for Alabama on
Q: Can I change my mind on employment after signing a contract for employment? Start date of Aug 2017.
Glenn B. Manishin
Glenn B. Manishin answered on Mar 31, 2017

Contracts for employment typically will not be enforced by a court order compelling the employee to work for the contracting company, but breaking the contract would give the company the right to ask a court to (1) recover actual damages, if any, to the business caused by your breach, and (2)... Read more »

1 Answer | Asked in Criminal Law and Employment Law for Alabama on
Q: The management and most employees at my job are using/buying one or more drugs on the job. What do i do?

I am afraid to be at work and have been told to keep my mouth shut or i wont have a job to worry about.

Samuel G McKerall
Samuel G McKerall answered on Feb 8, 2017

The country is full of unemployed whistleblowers. If you complain to upper management, under the facts as you have outlined them you will probably be fired.

You really have little choice. Stay there and work and keep your mouth shut, or quit. It sounds like if you complain any further...
Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Alabama on
Q: My employer said I have to pay full amount for health insurance wow I was off of work with broke leg.

Broke leg off job and out of work for 12 weeks . Came back to work and was told I would have to pay full price for health insurance for the 12 weeks I was off . $25.44 week was what I paid but told I have to pay $134.00 a week because I was not working. Do I have to pay back the full amount? He has... Read more »

Peter N. Munsing
Peter N. Munsing answered on Nov 12, 2016

Contact a member of the Alabama Assn for Justice who handles employment cases-=-they give free consultations. Usually, that type of arrangment will be governemed by your workplaces personnel handbook. Unfortunately the law usually won't cover that but it depends on the state and the ACA (Affordable... Read more »

1 Answer | Asked in Employment Law for Alabama on
Q: Harassment and retaliation in the work place

Hello. My situation has been ongoing and not resolved for nearly a year and a half. I have been assaulted which I did report to my HR Director. After the conversation with the HR director I was advised he would talk to him. The following day I was approached aggressively by my supervisor pointing... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Apr 21, 2016

Rather than posting in an open forum like this, best to find a local employment law attorney to discuss in private. And hurry, as you have already waited 1.5 years.

1 Answer | Asked in Appeals / Appellate Law, Employment Law and Public Benefits for Alabama on
Q: I have been notified that my former employer is appealing the award of my unemployment benefits from the OESC.

My former employer has retained 3rd party help to represent them at the hearing. I assume they are lawyers. Do I need legal representation for this hearing? Also, I live in Alabama, but it is the OESC that is handling my claim.

Marshall Jason Ray
Marshall Jason Ray answered on Mar 19, 2016

Although Unemployment Insurance appeal hearings are typically less formal than a court setting, you could be at a considerable disadvantage if your employer has representation and you do not. The third party representing your employer is not necessarily an attorney, as non-lawyers are usually... Read more »

1 Answer | Asked in Employment Law and Juvenile Law for Alabama on
Q: I'm 18 and living in Alabama, my parents refuse to let me work in a certain field, what can I do?

I'm attending a technical school for automotive repair and have the best chance at getting a job in a dealership while I'm here. But my mom refuses to let me and gives a different reason which doesn't actually apply to the situation every time I mention it. Is there nothing i can do aside from... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 23, 2015

I note that in Alabama, as opposed to the rest of the US, the age of majority is 19 instead of 18.

Perhaps your mom knows best, based upon her own experience.

1 Answer | Asked in Employment Law for Alabama on
Q: Have offer of employment with bonus to pay out at end of fiscal year ( march ) company want to pay in September

Do I need help ?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jul 25, 2015

Your question makes no sense to me. What are you asking?

1 Answer | Asked in Employment Law for Alabama on
Q: Criminal Background

Can an employer refuse to hire me if I did not disclose a conviction that was pardoned (Fully) but not expunged on my application?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Feb 24, 2015

An employer in Alabama can fire or refuse to hire you for any reason, or no reason, so long as you are not being discriminated against as a member of a "protected class" under federal law. That would mean that the employer refused to hire you because of your race, age, ethnicity, gender, etc. Being... Read more »

1 Answer | Asked in Employment Law for Alabama on
Q: Denied unemployment wrongful accusations

Accused of not reporting incident to supervisor

William E. Scully Jr.
William E. Scully Jr. answered on Apr 5, 2014

Better late than never, I guess. In Alabama, the initial decision to deny or grant unemployment compensation is made by a the examiner. He or she bases the initial decision on your application and on input from the employer. Did you appeal the examiner's decision? You have the right to appeal... Read more »

1 Answer | Asked in Employment Law for Alabama on
Q: Terminated from my job of seven years by phone because i did not go to work once i was dismissed from jury duty
William E. Scully Jr.
William E. Scully Jr. answered on Apr 4, 2014

Your employer may be in trouble here. Alabama Code Section 12-16-8 excuses an employee called for jury duty from his or her employment "for the day or days required of him or her in serving as a juror." Alabama Code Section 12-16-8.1 prohibits an employer from discharging an employee because of... Read more »

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