Lawyers, Answer Questions  & Get Points Log In
Alabama Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Appeals / Appellate Law for Alabama on
Q: Should I appeal my case if my employer is saying I quit when in fact I did not,?

I had to take a temporary leave of absence to take care of my disabled son while his mother an I also grieved oven the loss of our new born son.

Rhiannon Herbert
Rhiannon Herbert answered on Dec 21, 2021

More information is needed to answer your question. You should contact an Alabama employment attorney to discuss your situation in further detail.

1 Answer | Asked in Employment Discrimination and Employment Law for Alabama on
Q: Can an employer fire me because of an injury that happened almost 4 years ago?

I was working for a company as a temp worker and when I went to go do my drug test and physical I let the physician know that I had surgery on my neck, and when i went back to my job HR said that they are going to hold my hire date, I told them that I was fully released from the doctor that had... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 24, 2021

You should speak with an attorney experienced in the American's with Disabilities Act. I do not believe the answer to your question is going to be an obvious one, but it may fall within the ADA. Alabama is a right to work State, which means an employer can fire someone for any reason so long... Read more »

1 Answer | Asked in Employment Law for Alabama on
Q: Can a company require covid restrictions at one location only when they own companies across 21 states?

They are only requiring corporate people to go home if unvaccinated. They do not require this for the entire company. If they fire someone would it be legal?

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 16, 2021

In general Alabama is a right to work state and a person can be fired for almost any reason. It is also likely fine for them to institute this policy for Alabama only. The limitation would be if you are protected under the ADA to avoid receiving the vaccination due to some pre-existing health... Read more »

1 Answer | Asked in Employment Law for Alabama on
Q: My employer refuses to pay me what do I do
Kyle Anderson
Kyle Anderson answered on Jul 14, 2021

Hello, more information is needed here. Are you categorized as a 1099 independent contractor or W2 employee? How many hours per week are you working? I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Employment Law for Alabama on
Q: Can my employer really punish me for calling in during a notice in this type of instance?

I have worked for a hospital for 4 years. All that is legally required from my employer for a notice of leave is a 2 week notice. However, because my job might be hard to replace due to the pandemic, I decided to be nice and give them a 2 month notice. A week after turning in this said notice, I... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Jan 6, 2021

Assuming you don't have an employment contract that states otherwise, there is no federal law that requires you to provide any notice at all to your employer before resigning. However, if you do have an employment contract that requires you give notice of your resignation, the length of time... 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 Civil Litigation, Employment Law and Landlord - Tenant for Alabama on
Q: I have an old, two years, unwritten lease with utilities with my employer who is also my landlord. Am I a tresspasser?

He is harrassing me to get out and says that I am a tresspasser but refuses to fire me, pay me, or give me a 30 day written notice to vacate although the Huntsville Police told him to do just that. He refuses to let me put the utilities in my name and he willfully let the utilities to be turned... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Oct 20, 2020

Good grief! You need to hire a lawyer immediately! If you can’t afford one go to your nearest legal aide office! And good luck!

1 Answer | Asked in Employment Law and Military Law for Alabama on
Q: What do I need to do if I was fired from my job a month after I was activated with my reserves unit?

I have worked with my employer since Nov. 2018. In March of 2020, our restaurant was switched to curbside pickups only. They gave us the option to switch to unemployment because they would only keep a couple employees to work due to covid. April, I received orders for active duty starting 4/20 for... Read more »

Kyle Anderson
Kyle Anderson answered on Sep 30, 2020

I highly recommend reaching out to an employment attorney in your area to discuss options. This sounds like discrimination based on military service, which would be a violation of USERRA. The employer is required to place you back in the same position (or the position you would have attained had... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Alabama on
Q: I am being forced into a new position at work and was told to take it or resign - what rights do I have?
Kyle Anderson
Kyle Anderson answered on Sep 16, 2020

Are you in a Union or is your employment governed by a Collective Bargaining Agreement or Employment Contract? If not, you have very little rights. You need to provide more information for a more thorough analysis, but Alabama is an at will state, meaning you can be terminated for any reason or no... Read more »

1 Answer | Asked in Employment Law for Alabama on
Q: Can a skilled nursing facility tell you that you have to start working 12hr shifts on all scheduled days?

I work at a skilled nursing facility in Alabama. And the DON of the facility sent out a text to all the CNA’s saying we have to start workin 12hr shifts on all our scheduled days, unless notified otherwise. Is that legal? This was sent to full time and part time employees.

Rhiannon Herbert
Rhiannon Herbert answered on Jul 29, 2020

Your employer may increase your hours as described, but you should also make sure you're being properly paid for each hour worked. If you work more than 40 hours in a single, 7-day workweek, you should be paid overtime at a rate of one-and-one-half times your regular hourly rate for each hour... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Alabama on
Q: I am a private caregiver that was hired by a elderly couple sons. At the beginning of my employment a year ago one of

Their sons was asking my coworkers if they thought that I was a crackhead and at the end of my employment. That same son made some sexual advances towards me. This caught me off guard, had me extremely nervous, uncomfortable and scared. Because of my fear of him and loosing my job, when he asked me... Read more »

Kyle Anderson
Kyle Anderson answered on Jul 8, 2020

Hi, there is a claim called "quid pro quo" sexual harassment. This occurs when a job benefit is directly tied to an employee submitting to unwelcome sexual advances. Based on what you stated above, it sounds like your continued employment was tied to you going on a date with the... Read more »

1 Answer | Asked in Employment Law and Social Security for Alabama on
Q: Can you file for unemployment if your SSDI is ending?

I know the 2 things are basically opposite things but.

My SSDI ends next month.

I will have no income at that point.

While I'm probably technically not disabled anymore. I am immunocompromised which was a main factor in my SSDI decision originally. Now with coronavirus,... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Apr 28, 2020

Yes, it is possible to claim both SSDI and unemployment insurance. That being said, qualifications for each of these two programs differ greatly. Social Security disability benefits provide financial support to those who are unable to work. Unemployment provides temporary payments to those who lost... Read more »

1 Answer | Asked in Employment Law for Alabama on
Q: My employer is saying our Covid-19 $1200 stimulus check will be deducted from our paycheck. Is this legal?

I work at a Medical facility in Alabama

Kyle Anderson
Kyle Anderson answered on Apr 22, 2020

The Fair Labor Standards Act ("FLSA") requires employees to be paid a minimum wage for all hours worked. If your employer deducts the amount from your paycheck and your total compensation for the week does not rise above the minimum wage required to be paid under the FLSA, you may have a... Read more »

1 Answer | Asked in Employment Law for Alabama on
Q: In Alabama, if my boss requires me to train my piers, am I titled to extra pay? Or am I just “in the line of duty?”

I was a dept supervisor for a local plant of a global flooring factory. Recently my job title was erased and replaced with 4 shift lead jobs of which I was given one. My manager is making me train the other 3. I’m knowledgeable enough to do it, but feel if I’m being forced to train others, I... Read more »

Kate Furek
Kate Furek answered on Mar 23, 2020

Without knowing all the facts, your employer can ask that you do any task within your job description. Job descriptions are usually broad. If you are paid hourly or salary (rather than on commission), then he likely isn't required to pay you any extra bonus for this work.

1 Answer | Asked in Employment Law for Alabama on
Q: Can I not receive unemployment if I was intimidated by boss to the point it was in better for my health to quit?

I exhausted intermittent FMLA (which I was on for depression and anxiety due to relationship with boss) before coming to this decision. While I was on FMLA it was discussed with HR and there was no resolution to help my worklife become better.

Kate Furek
Kate Furek answered on Mar 22, 2020

After you have exhausted your FMLA, your employer is not required to extend any more leave under the FMLA for you. However, if you have an ADA claim, you may request your employer make a reasonable accommodation for you. Not all employers are required to follow the ADA, so it's in your best... Read more »

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.