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Alabama Employment Law Questions & Answers
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.

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... 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 C. Head
William C. 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... 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... 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... 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?

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