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Mississippi Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Mississippi on
Q: I was constructively discharged. OSHA confirmed that my issues were valid and true. The company admitted that, Can I sue

I was hired as A boat Captain in MS to replace the existing Captain ( howard) who the company said, was Going to retire. Howard had no intentions of retiring. Howard did everything he could to run me off. I tolerated it for sometime because I really needed the Captains job. Eventually it became... Read more »

Arthur Calderon
Arthur Calderon answered on May 22, 2020

There may be a case there for constructive termination; however, your best bet is going to be to contact a lawyer directly to review the facts and circumstances in more detail. Feel free to reach out to any lawyer on here by clicking the contact information next to their name. Most lawyers on here,... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Mississippi on
Q: Injury at work

Workplace only has one employee so worker’s compensation isn’t required. If that employee gets injured at work, is the employer responsible for medical bills?

Arthur Calderon
Arthur Calderon answered on Apr 20, 2020

The employer could be, depending on the circumstances. I would highly encourage you to reach out to a workers compensation attorney sooner rather than later, so that you can go over the details of your potential case.

1 Answer | Asked in Employment Law for Mississippi on
Q: Hospital directing family member with Asthma to treat COVID patients.

RN nurse has asthma and their usual job is in a orthopedic surgical facility. The facility has been shuddered temporarily and all nurses are reassigned to the main hospital to be placed in care of COVID-19 patients. Hospital has refused to place in a position away from contact with the patients.... Read more »

Carrie Dyer
Carrie Dyer answered on Apr 1, 2020

The nurse could submit a request for an accommodation under the Americans with Disabilities Act, requesting that she be placed in a role allowing her to work without coming into contact with the patients. The request should be accompanied by a doctor's note explaining her condition and... Read more »

1 Answer | Asked in Employment Law for Mississippi on
Q: Can employer legally force employees to do Temperature reading before each work day is started
Marshall J Goff
Marshall J Goff answered on Mar 19, 2020

The Equal Employment Opportunity Commission (EEOC) recently gave guidance on this issue and stated that it is permissible, under the current situation, due to the community spread of the Coronavirus, for an employer to take an employee's temperature. However, employers actions related to the... Read more »

1 Answer | Asked in Employment Law for Mississippi on
Q: Can a employer legally require Employees to take a temperature reading before each work day?
Marshall J Goff
Marshall J Goff answered on Mar 19, 2020

The Equal Employment Opportunity Commission (EEOC) recently gave guidance on this issue and stated that it is permissible, under the current situation, due to the community spread of the Coronavirus, for an employer to take an employee's temperature. However, employers actions related to the... Read more »

1 Answer | Asked in Employment Law for Mississippi on
Q: Can my employer keep me inside on my brakes

I've been there almost five years.

Greg Mansell
Greg Mansell answered on Mar 18, 2020

Yes. Your employer is not required to give you breaks but they can regulate how they are taken. Brakes of 20 minutes or less must be paid.

1 Answer | Asked in Employment Law for Mississippi on
Q: My pay stubs show I was being paid $12.00 per hour. After I quit I was paid $7.25 on my final check. Is that legal?
Rhiannon Herbert
Rhiannon Herbert answered on Feb 26, 2020

The Fair Labor Standards Act only requires that you be paid at least the federal minimum wage of $7.25 per hour for all hours worked. It looks like Mississippi's state minimum wage is also $7.25 per hour. Thus, while this situation is unfair to you, there is no state or federal law that has... Read more »

1 Answer | Asked in Employment Law, Family Law, Workers' Compensation and Banking for Mississippi on
Q: I got fired from a bank because I did steal but put back the money. Been trying to get in touch with a ceo and nothing

I use to work at community bank. I’m pregnant and no one would hire me. What do I do?

Arthur Calderon
Arthur Calderon answered on Jan 1, 2020

You really need to consider reaching out to a criminal defense lawyer, as there will likely be criminal charges coming down the pipeline. Depending on the circumstances, you may be able to avoid jail time and having this go on you record. Feel free to reach out to any lawyer on here by clicking the... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Mississippi on
Q: Is it okay to be intimidated at the workplace

The practice owner goes back and forth if he likes me or not. Recently, he got rid of his old crew and I’m the last. Now, he is going over my boss’s authority trying to get me fired but they have no reason so they can’t. I’ve recently had to be put on nerve medicine due to the treatment. Is... Read more »

Greg Mansell
Greg Mansell answered on Dec 12, 2019

It is not "okay" to use intimidation tactics but it may not be unlawful. If the treatment is based on your belonging to a protected class (eg. age, race, gender, religion, disability, national origin, etc.) then it become discrimination under Title VII and make potentially be a hostile... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Mississippi on
Q: I was hurt goin to location on the job site and treated unfairly. And terminated job abondment while on approved vacati

And terminated for job abondment while on approved vacation

Arthur Calderon
Arthur Calderon answered on May 6, 2019

It sounds like you may need to speak with an attorney. If you were working at the time of your injury, then you may be entitled to worker's compensation. Plus, there are some rules that protect you while you are on leave.

1 Answer | Asked in Banking, Civil Litigation, Employment Discrimination and Employment Law for Mississippi on
Q: bank told my employer that they had wrong direct deposit information and directed employer to change without my consent

I put on my employment form a direct deposit information the correct information however the bank sent an email to my employer stating it was wrong and gave another account ( which isn't mine ) but I had already had a direct deposit from my employer the week prior. now they stated that my... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 8, 2019

Regardless of the bank SNAFU, if you are receiving pay for the time worked you have no viable claim. Litigants MUST have a real injury in order to sue somebody.

1 Answer | Asked in Employment Law, Libel & Slander and Personal Injury for Mississippi on
Q: I was injured at work and I filed a suit against my employer. I had been on my job 5 1/2 years with a good work record.

I was fired for allegedly falsifying documents which was untrue. This got really ugly. They intimidated me.harassed me and lied and defamed my character to discourage my law suit. Am I eligible to file an action against them

Arthur Calderon
Arthur Calderon answered on Jan 13, 2019

You may be able to; however, it will depend on when you were injured, the type of employer, and whether the employer had worker's compensation coverage. I would strongly encourage you to reach out to an attorney ASAP, as there is only a set amount of time to initiate an action. Feel free to... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law, Landlord - Tenant and Employment Law for Mississippi on
Q: i recently got a garnishment notice from my employer but i never was served any court papers for the lawsuit

if i got to the court to have my hearing done again can the creditor ask for additional money ?

Randall R. Saxton
Randall R. Saxton answered on Nov 11, 2017

Yes, you could be charged for the creditor’s additional attorney fees if you are found to owe the debt.

1 Answer | Asked in Libel & Slander and Employment Law for Mississippi on
Q: Is it slander if someone shows the surveillance video of you to someone else without your permission

I was fired from my job for clocking in and sitting in my car the whole time I was clocked in .my father-in-law went there today to see the surveillance video and my ex supervisor showed him the video without my permission. My wife is now considering divorce and taking my children from me. I would... Read more »

Charles Joseph Stiegler
Charles Joseph Stiegler answered on Mar 30, 2017

Slander only applies if the statement is false. In other words, if they told someone you were stealing, but you weren't actually stealing - that would be slander. Here, the video is not false, therefore it is not slander.

1 Answer | Asked in Employment Discrimination and Employment Law for Mississippi on
Q: My employer just issued a new handbook. In it, it states that you are allowed to used sick leave for immediate family.

They state that you can use sick leave for immediate family (if you need to be off because they are sick or you need to take them to the doctor), they do not state what is considered immediate family. They have told numerous employees that you can not use it for parents just spouse and children. If... Read more »

Charles Joseph Stiegler
Charles Joseph Stiegler answered on Mar 30, 2017

The company is free to define "immediate family" however it wants for the sake of its own policy. I agree that most people would consider parents to be immediate family, but the company is not legally required to give you sick leave for your parents' illness.

1 Answer | Asked in Employment Law for Mississippi on
Q: If I filed a harassment complaint and that person retaliates, can I take legal action or have them arrested?

A woman at work had been staring at me for a while. She told me she didn't like me, but kept staring. I tried avoiding her. She pulled up the back of her shirt to show me her butt. I called the company harassment line. She retaliated by calling the police to see I was stalking her. What I was... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 19, 2015

It appears that she may well have been concerned that you were stalking her. Thus no, you don't have a case.

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