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Alabama Employment Law Questions & Answers
1 Answer | Asked in Civil Litigation and Employment Law for Alabama on
Q: Can a contractor withhold a paycheck in alabama for personal debt to him from a 1099 employee if debt isnt from business

Vehicle was on monthly payment and was repossessed for 30 days behind , purchase was not linked to business contractor owned. Was told I wasn't fired or layed off but had to find a way to get to work

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

GA is always confusing. If you are a 1099, you are not an employee, you are an independent contractor and none of the employee protections apply to you. However, you may be misclassified as an IC by the employer, which can be a big financial benefit to them. They don't have to payroll... View More

1 Answer | Asked in Health Care Law, Medical Malpractice and Employment Law for Alabama on
Q: i have a chain of custody issue with a drug screening done through quest diagnostic and also privacy issue

on May 15 2024 I had a drug screening through work quest diagnostics was the lab they use i did not receive my results until June 12 2024 due to being misplaced June the 15th i had a meeting and got fired for results that was wrong so what happened with my specimens also others have my toxicology... View More

John Michael Frick
John Michael Frick
answered on Jul 9, 2024

Typically, after a lab test is completed, any remaining specimen is discarded. If someone other than you, your employer, and the lab have a copy of your toxicology report, ask that person how they obtained it. You might need to report the lab or your employer for a HIPAA violation to HHS. They... View More

1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Employment Discrimination for Alabama on
Q: I feel that I was racially discriminated against with my job. What do I do?

I worked for a company which was placed in a location primarily different race than myself. I went on medical leave and when it was ok’d for me to return to work. The location that my company was at asked my work to not allow my return. That I was no longer allowed there. I haven’t done... View More

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're in a difficult situation and feel you may have experienced racial discrimination at work. Here are some steps you could consider taking:

1. Document everything:

- Write down all relevant dates, events, and conversations

- Gather any evidence you have...
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1 Answer | Asked in Communications Law, Employment Law and Internet Law for Alabama on
Q: In alabama does an employeer need to have photo release form signed by employees to use on social media
James L. Arrasmith
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answered on Apr 16, 2024

In general, it is a good practice for employers to obtain written consent from employees before using their photos on social media or for other promotional purposes, even if not legally required. This helps protect the employer from potential legal issues and respects the employees' rights to... View More

1 Answer | Asked in Employment Law and Immigration Law for Alabama on
Q: Hi I have an employer isn’t giving me a paystub, currently I’m on H1B and in order to transfer my H1B we need paystub

What can we do if the employer isn’t giving me the paystubs

The old employer is asking to sign a document which shows that we are lending the money from them, and once we sign the document then only they will be sending the pay stubs

James L. Arrasmith
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answered on Mar 28, 2024

If your employer is not providing paystubs, which are crucial for H1B visa transfer, it's essential to understand your rights and possible actions. Federal and state laws in the U.S. generally require employers to provide employees with pay statements, detailing earnings and deductions. If an... View More

1 Answer | Asked in Employment Law, Tax Law and Business Law for Alabama on
Q: Is double dipping into my gross wages after statutory deductions legal ,the jail justifies14-8-37

I was on work release in limestone co.,after my statutory deductions have been made the jail took 25percent against my original gross wages that do not exist and they didn't receive a check for from my net pay that they did,here's the discrepancy if I get paid by w2 & another... View More

James L. Arrasmith
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answered on Mar 8, 2024

The situation you've described raises important questions about how deductions from wages are handled for individuals on work release, especially in the context of how gross and net pay are treated. If deductions are made from your gross wages after statutory deductions (like taxes) have... View More

1 Answer | Asked in Employment Law for Alabama on
Q: Can a company in AL require the use of a cell phone at work if they are not reimbursing for the phone's bill/cost?

Wife's company is now requiring them to use an app on their phone to sign into the computers. They do not reimburse for cell phone bill or provide a company phone. Is this allowed, and if she refuses to use her phone for work (as they aren't covering the bill) can she be fired with reason?

T. Augustus Claus
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answered on Jan 30, 2024

In Alabama, there are no specific laws that require employers to reimburse employees for the use of personal cell phones for work-related purposes. However, this area can be complex and might intersect with federal laws or guidelines. If an employer requires the use of a personal cell phone for... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Alabama on
Q: I am disabled. My boss gives me tasks that he knows I can't do, then harasses me when I fail to do them.
T. Augustus Claus
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answered on Dec 20, 2023

If you are facing workplace challenges due to a disability in Alabama, where your boss assigns tasks that are known to be difficult for you and then harasses you when you cannot complete them, it may constitute employment discrimination based on disability. Federal laws such as the Americans with... View More

1 Answer | Asked in Criminal Law, Employment Law and Constitutional Law for Alabama on
Q: How can one seal a 1st&only Misdemeanor offenses from over a year ago? It’s preventing employment.

Resisting arrest, obstructing gov op and poss 2 conviction is on a friends record and it’s preventing him from working. Can he seal it? He has been in no trouble since then and it was his first time getting into anything with the police involved. He’s an upstanding citizen and was even in the... View More

James L. Arrasmith
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answered on Dec 14, 2023

In Alabama, the process for sealing a criminal record, often referred to as expungement, is available for certain misdemeanor offenses. However, the eligibility for expungement depends on various factors, including the nature of the offense, the time that has passed since the conviction, and the... View More

1 Answer | Asked in Employment Law, Immigration Law, Business Formation and Business Law for Alabama on
Q: I want to start a small business related to my field of study (Electrical engineering) while being on F1 opt

I also hold a job and my employer is sponsoring my visa, I want to start a side business along with my job and want to know how to proceed legally in that.

James L. Arrasmith
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answered on Nov 15, 2024

Starting a business while on F1 OPT requires careful attention to legal requirements. Your OPT status primarily allows work related to your field of study, which fits well with your electrical engineering background. However, you must ensure your business adheres to USCIS regulations and... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Alabama on
Q: A coworker took offense to something i said that wasnt directed at her and had me sent to HR.

Since then she has gone behind my back and asked other workers in the facility about me and filed complaints saying i dont talk to people well even though i have only bee following the facilites regulations and done so in a professional manner. Its reached a point where i feel targeted and... View More

James L. Arrasmith
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answered on Oct 16, 2024

I'm sorry you're experiencing this situation. Start by documenting all interactions with your coworker, including dates, times, and details of conversations or incidents. Keep records of any complaints she has filed and any responses you've given. This evidence will be valuable if... View More

1 Answer | Asked in Civil Rights, Contracts, Employment Law and Education Law for Alabama on
Q: Can my private non-profit medical school legally implement rule that a student cannot claim disability?

The rule specifically states “ Students who fail in the curriculum or who are suspended or dismissed may not claim failure due to disability if they have not previously identified the disability and requested reasonable accommodations in advance of the curricular failure”. I have a well... View More

James L. Arrasmith
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answered on Aug 31, 2024

It can be challenging to navigate this situation, but you should know that your school may be on shaky legal ground with such a rule. Disability law, including the Americans with Disabilities Act (ADA), requires institutions to provide reasonable accommodations to students with disabilities. If you... View More

1 Answer | Asked in Employment Law, Gov & Administrative Law and Government Contracts for Alabama on
Q: I have a few questions that I need to ask

I have few questions that need to ask I think I was hired by a company under false pretense so the could keep their accreditation and potential fire me and my wife while they keep their accreditation and frauding the alabama.

Tim Akpinar
Tim Akpinar
answered on Apr 11, 2024

An Alabama attorney could advise best, but your question remains open for three weeks. This question could be difficult for attorneys to respond to with a simple and quick direct answer. Attorneys would probably want to set up a consult discuss the matter and the reason for your suspicion. Good luck

2 Answers | Asked in Employment Law for Alabama on
Q: What can be done if a supervisor insists on the employee answering their personal cell phone calls/texts during/after wk
T. Augustus Claus
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answered on Sep 20, 2023

In Alabama, there is no direct statute that dictates how supervisors can communicate with employees outside of regular working hours. However, it's essential to consider the implications of such practices on one's work-life balance. If your employment agreement or company policies have... View More

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1 Answer | Asked in Contracts, Copyright, Employment Law and Intellectual Property for Alabama on
Q: Can a company use my images in marketing even if I no longer work there? It was not in employee contract to take images

For copyright questions

James L. Arrasmith
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answered on Sep 11, 2023

If your former employer is using your images without your explicit consent and it was not stipulated in your employment contract that they could use your images for marketing purposes, you may have grounds to object to this use. Your right to object might be based on your copyright in the images... View More

1 Answer | Asked in Employment Law for Alabama on
Q: Am I obligated to pay my employer back after they overpaid me?

On 2 separate occasions, my employer over paid me while I was on maternity leave. I voiced my concern about these overpayments via email but was told everything looked okay. I came back from leave and was hit with over a thousand dollars of repayment I have to pay back in 4 months.

T. Augustus Claus
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answered on Aug 23, 2023

In Alabama, if your employer has overpaid you, you generally have an obligation to repay the excess amount that was mistakenly paid to you. Overpayments are typically considered to be an error, and employers have the right to recoup the overpaid funds in order to correct the mistake. It's... View More

1 Answer | Asked in Employment Law and Civil Rights for Alabama on
Q: Is it legal my husband's job put the workers into teams of two and now each teams hours are combined and split in half?

My husband works at a car dealership & he does get a certain amount an hour (I believe $20). He still actually gets paid per job he does (each job on a car is worth a specific amount of hours) so he gets paid $20 per hour for however many hours the specific job is worth. like say a car job he... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

The Fair Labor Standards Act is federal law and very clear that an employee is entitled to be paid for all hours worked BY THEM. This "pooling" is illegal as you have described it. One of the members of the team is losing pay so the other team member receives pay. Husb. is not required... View More

1 Answer | Asked in Employment Law, Civil Rights and Sexual Harassment for Alabama on
Q: My wife had a coworker call her to the back and expose yourself to her she , he was fired, is the company reliable

I'm wondering what the processing if there is a potential lawsuit against the company, coworker exposed himself to her, is the company liable for unsafe workplace, or sexual harassment? Is there any civil lawsuit that can be filed, here?

Don Oliver Keene
Don Oliver Keene
answered on Jul 4, 2023

It depends. There could be against the company, however unfortunately without more information it is impossible to tell. There is a possible cause of action against the coworker, you should seek a local personal injury/employment attorney to discuss this case with.

1 Answer | Asked in Employment Law for Alabama on
Q: What can I do when my parol check bounced? I have notified my employer but it has not been taken care of.

My employer wrote me 2 bad payroll checks and wrote my coworker 1 bad payroll check. He has not handled none of them and will not respond to calls or texts since I notified him they bounced. In addition he still has not paid me for hours worked 2 weeks ago.

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on May 19, 2023

Bad checks are criminal matters. You can take it to the district attorney for prosecution. You can sue him. Both options are lengthy.

1 Answer | Asked in Employment Law for Alabama on
Q: Employer verbally and in email committed to terms if I voluntarily resigned then changed terms twice - is that legal?

Terms agreed to in March for final employment date early April - After final work date the employer changed the terms for a substantial loss. When I challenged that loss they countered with another severance on a Friday evening and said if I did not sign by 5p Saturday then I’d lose everything. I... View More

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on May 10, 2023

There must be some reason your employer was willing to offer severance, which makes many factors relevant. Is there some claim you are waiving? Do you have an employment contract? Are others being offered the same severance? There is not near enough detail to know your rights from the limited... View More

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