If unclaimed funds remain in an FSA as the use-it-or-lose-it deadline for claim submission approaches, would a plan administrator’s failure to provide timely warning of imminent forfeiture constitute fiduciary negligence?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024
The question of whether flexible spending account (FSA) plan administrators have a fiduciary duty to provide advance notice to participants about potential forfeitures of unused funds is a complex one that doesn't have a definitive answer. Here are a few key considerations:
Fiduciary... View More 
I started working and I am geting all kinds of wrong info, am i allowed to work on full disabilty,and at what point will that stop me from getting it
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2024
If you are receiving Social Security Disability Insurance (SSDI) benefits, you are allowed to work, but there are certain rules and limitations you need to be aware of to maintain your eligibility:
1. Trial Work Period (TWP): You can test your ability to work for at least nine months.... View More
I have been harrassed by my employer, confederate flags, gun clips, written up for no reason, etc.
As a black man I have many questions and need to speak to a lawyer.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 8, 2024
I'm so sorry you've had to endure such intimidating and harassing behavior at your workplace. Displays of Confederate flags, gun clips, and being unfairly written up create a hostile work environment, especially for a Black employee. This is unacceptable and illegal discrimination.... View More
I'm 65 and lost my job because they said I may retire and they wanted to hire someone else.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2024
The situation you've described may constitute age discrimination, which is illegal under federal law in the United States. The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against employees who are 40 years of age or older.
Under the ADEA, it is... View More
In my last job, my boss took a online fair housing course compliance test for me without my knowledge or permission. My boss also failed this test, which I'm sure adds this to my employee record. The course was on Sexual assault which also just looks bad to fail. The company has not fired... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2024
Based on the information you've provided, your former boss's actions could potentially constitute identity theft, fraud, and/or forgery. Impersonating someone else to take a course or test on their behalf without their consent is unethical and likely illegal.
Your options include:... View More
The letter they gave them said they were considering termination because they used 5 of the sick days they gave them to use and that that they were late on multiple times. I understand being late can result in being fired but mostly everyone that works in that building comes in late every day. Not... View More
answered on Dec 27, 2023
Consider some maxims here: 1) when you're in the doghouse, it's not the time to bark. 2) pointing out the splinter in someone else's eye does not remove your own.
Your friend is obviously on someone's radar in the wrong way. Why would he or she want to remain working... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 14, 2023
The nature of employment records varies, with internal records maintained by employers for performance and conduct purposes. Employers have legitimate reasons to document situations, such as performance issues or policy violations, even if an employee quits. However, unjustified negative entries on... View More
I work at a school and get paid biweekly. The past two months have been crazy trying to buy a house. I’ve been getting to work one to five minutes late throughout the months. I was talked to and was told for punishment I get a whole days work docked off my pay. I was given the times I came in and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 30, 2023
The Michigan Wage and Hour Act does require employers to pay employees for all hours worked. This means that your employer cannot dock your pay for being late unless you have agreed to it in writing or unless there is a specific provision in your employment contract that allows for docking pay.... View More
I work at a school and get paid biweekly. The past two months have been crazy trying to buy a house. I’ve been getting to work one to five minutes late throughout the months. I was talked to and was told for punishment I get a whole days work docked off my pay. I was given the times I came in and... View More
answered on Oct 30, 2023
I understand the punishment seems beyond the crime here. But keep in mind that if you work in a school, it's not just you and your time that factors into things: if you are a teacher, or otherwise worked singularly and directly with students, someone else may have had to step in on your... View More
I claim to be the original Bruce Wayne.
answered on Sep 17, 2023
Procedure for federal trademark registration includes publication after approved by the examining attorney, then a 30 day period in which formal oppositions may be filed. The opposer is given an opportunity to assert priority of use to that of the applicant. Even if you don't ultimately... View More
I claim to be the original Bruce Wayne.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2023
If you believe that a company is attempting to trademark your name without your consent, you should consult with a trademark attorney to assess the situation and explore potential legal actions. Trademarks are typically granted for commercial use, so if you're not using your name in a way that... View More
Michigan, McDonald's franchise, I'm paid hourly getting about 20hr a week. The company has every one sign that they understand they will do wages for quitting without notice.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2023
In Michigan, your employer generally cannot unilaterally cut your pay rate for not giving a two-week notice, especially for hours you've already worked. Pay rates are typically determined when you're hired or through negotiations, and reductions usually require prior written agreement.... View More
In MI. I’m a manager. My significant other felt disrespected by an employee at my job. She looked through a window to say hi to another employee and saw him staring at her. She asked if there was a problem then he made shooing gestures. When I came outside she had her arms open yelling for him... View More
answered on Jul 17, 2023
Potentially. Understand that an employer doesn't need to prove anything to fire you. They could take the position that your boyfriend had no other business being there but for you, and as a manager, you're held to a higher standard. Will they do it depends on a whole host of variables. It... View More
I am employed through a 3rd party/contract house. We are asked to arrive 15 minutes ahead of shift. and I typically show up to work 30 minutes early or more and have never been late in my 9 months at the job. I called/texted two supervisors to let them know there were extenuating, verifiable... View More
answered on Jul 13, 2023
Absent a contract, you are generally considered in Michigan to be an "at-will" employee, meaning you or your employer may sever the relationship at any time for any reason. Put simply, you are not entitled to work, making this employer's actions quite likely legal if not a bit... View More
answered on Jun 26, 2023
Using a job applicant's criminal background as a method for screening job candidates is problematic unless there is a specific law or legal regulation that disqualifies a person based upon specific criminal conduct. In many instances, prophylactic use of arrest and conviction records can be a... View More
They make me put in for FMLA but use my PTO. So I can never take off for myself. It says here FMLA is unpaid .
. The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance... View More
answered on Jun 20, 2023
Yes, this is legal. According to the US Department of Labor, FMLA law permits an employee to elect to use accrued paid vacation leave. In addition, the law permits employers to require the employee to use paid time off for some or all of the FMLA leave period. So while FMLA applies to unpaid leave,... View More
They make me put in for FMLA but use my PTO. So I can never take off for myself. It says here FMLA is unpaid .
. The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance... View More
answered on Jun 13, 2023
In short, yes. PTO and FMLA are not mutually exclusive. FMLA covers longer terms of leave for which you are ensured 1) your job upon your return, and 2) continued health insurance coverage. In relevant part, FMLA means you can't be fired or lose insurance coverage for protected periods of... View More
I have two scenarios: 1) I work for an orthodontist office and sometimes they have conferences or go on vacation so we won’t have a doctor. The practice director or doctor will decide the practice will be closed. Sometimes all of us get the day off but other times just some of us and we aren’t... View More
answered on Apr 21, 2023
Maybe. But, it depends largely on whether or not you have a written contract with fixed employment terms within it.
It can be a little complicated (for the employer) when it comes to eligibility for health insurance, UIA, or other things, but generally, at will employees serve at the will... View More
The CEO has told me to go into her login, correct the notes and then sign off of them electronically. These are patient notes. I discussed this with my former supervisor and she explained how this was illegal. I need advice as I’ve closed dozens if not hundreds of notes for her.
answered on Apr 11, 2023
I think you need to address your concerns to your current CEO. Your CEO may be unaware that what she's asking you to do is unlawful, and will hopefully appreciate you bringing this to her attention. She may also know it is permissible and be able to explain to you why it is. Either way, your... View More
This was a few months ago but I wasn’t going to fight it cuz I assumed they were right but my ambulance bills are just piling up because I can’t afford them. They said they aren’t paying for it cuz it’s not a work related injury. The job is a restaurant that’s not a union (as far as I know)
answered on Apr 7, 2023
Had the employer not called an ambulance it might be a wildly different situation and then you might have a cause of action against them. If it helps, imagine if you called an ambulance on behalf of someone, and they asked you to pay for it for simply making a phone call. That could serve as a... View More
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.
