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DM met with me on August 23.
My FMLA and disability leave on September 19th
I have not heard from The DM since
Can she terminate me while I’m on disability leave and FMLA
answered on Sep 19, 2024
Most employees are "at will" meaning they can be terminated without cause or notice. However, if you are on FMLA leave, a presumption could arise that you were terminated in retaliation for taking that leave, which would be illegal. The employer can terminate you while on FMLA leave if... View More 
I do not have a non-compete agreement, I did not sign a severance agreement, I do not have a non-solicitation agreement and no other agreements. Additionally, no company policies in place and no policy handbook, or otherwise was ever given, received or signed. I have respected company owner and... View More
answered on Sep 19, 2024
While you may not be under any restrictions regarding solicitation of clients there are widely varying laws in the states regarding use of "trade secrets" which could include client lists, and client data base information. If you really want to be secure in establishing a new and... View More
Because I live within 50 miles of my company headquarters, I’m required to go into the office 2 days a week. I’ve no issue with going into the office, but my parent needs surgery and will need home supervision for a couple months. No one else is able to care for this parent. I’d like to work... View More
answered on Jul 9, 2024
The FMLA is a complicated statute, and it cannot be said with certainty whether or not what your employer is doing is "legal." I think there is a more viable, potential issue with discrimination by association under a certain provision of the ADA. I'd reach out for a consultation.
He didn't even have it sent in. He lied to me about making a company vehicle safe for me to drive. I had to drive to West Virginia almost 200 miles that day. I have pictures before after. I have text messages between a coworker also from me and my boss about it. And the text he lied about my... View More
answered on Jun 24, 2024
A commercial truck driver may not operate a truck or other vehicle with a known safety issue or defect. This is a "you" problem as much as a "boss" problem. Your evidence collection establishes that "YOU" had scienter--that is, actual knowledge of the dangerous... View More
answered on May 31, 2024
The phrase has no technical legal meaning. You need to ask your employer what it means by that statement.
It could mean that unless you are working in a state that has passed a law that restricts employers from taking adverse action against employees who test positive for THC, your... View More
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answered on Apr 25, 2024
If you were selected in the H1B lottery for the fiscal year 2024, congratulations! The next step is to file your H1B petition with the United States Citizenship and Immigration Services (USCIS). Your employer will be responsible for filing the petition on your behalf.
Typically, you have 90... View More
I was told by my manager that it's not in our contact to do their work. So am I legally allowed to refuse to do it then?
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answered on Apr 6, 2024
Based on the information you've provided, if cleaning up after the other company is not part of your job duties as specified in your employment contract or job description, you may have grounds to refuse to perform that work. However, it's important to handle the situation professionally... View More
Wondering if this is legal or not
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answered on Mar 20, 2024
If your coworker took your phone from your hands and then slammed it down, preventing you from retrieving it, this behavior could potentially be considered illegal. It may fall under various legal categories such as theft, property damage, or even assault, depending on the severity of the action... View More
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answered on Mar 19, 2024
If you're experiencing sexual discrimination and harassment at work, it's crucial to document every incident in detail, including dates, times, locations, what was said or done, and any witnesses. This documentation can serve as evidence if you decide to take formal action.
You... View More
multiple co-workers are allowed to have facial hair including my supervisor. Why do i have to shave?
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answered on Mar 3, 2024
If your workplace grooming policy states that the decision to require shaving is at the discretion of your boss, it implies that there is room for individual judgment on whether or not an employee needs to shave their beard. The fact that your co-workers, including your supervisor, are allowed to... View More
I tested positive for covid and was sent home to quarantine. Then given call off points for being made to take days off.
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answered on Feb 15, 2024
In Ohio, if an employer mandates COVID-19 testing and requires employees to leave work and quarantine if they test positive, it raises concerns if the employer then penalizes the employee for complying with these health and safety measures. Generally, penalizing employees for adhering to mandated... View More
A relative already working at the business
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answered on Feb 6, 2024
In Ohio, as in the rest of the United States, employment practices are governed by federal and state anti-discrimination laws. Specifying a preference for hiring waitresses only can be problematic because it indicates a preference for hiring based on gender, which could violate Title VII of the... View More
I was recently banned for a private post with my personal Snapchat friends, none of whom include my former boss. However, he gained access to my post, a joke about the signs in the bathrooms that say "don't do drugs here" and banned me. I feel like I was discriminated against as a... View More
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answered on Feb 6, 2024
Discrimination cases typically revolve around unlawful treatment based on protected characteristics such as gender. To determine if you have a discrimination case, you should consider the following steps:
Consult an Attorney: Reach out to an attorney who specializes in employment or... View More
I filed a formal complaint with the PHRC and EEOC w/the Pa Gov's Office against HACC, Harrisburg Area Community College Pennsylvania. It falls in line with some other complaints you posted on your website and on the net. The formal complaints: PHRC Case No.200800802 & EEOC Case No.... View More
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answered on Jan 26, 2024
Given the nature of your complaints, including alleged nepotism and discrimination against veterans, the PHRC and EEOC will evaluate the evidence against the relevant state and federal laws. It's important to ensure that all documentation supporting your claims, including any instances of... View More
I was working for a company named DB Schenker. Their client is Google. As part of the onboarding process, Google sends you email with tasks that need to be completed. I did not receive certain emails needed to get provisional access on site and throughout the buildings. Their reasoning for... View More
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answered on Jan 3, 2024
Wrongful termination cases can be complex, and the outcome often depends on the specific facts and circumstances surrounding the termination. In your situation, it appears that the termination was based on your alleged failure to complete compliance tasks due to not receiving necessary emails. If... View More
Say a teacher were to join the national guard... Public employees are given additional benefits when serving in the national guard. Does a teacher receive these benefits based on Ohio law?
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answered on Dec 31, 2023
Under Ohio law, public school teachers are indeed considered public employees. This classification is significant when it comes to eligibility for certain benefits, including those related to military leave.
If a teacher joins the National Guard, they are entitled to the same benefits as... View More
I have the right to sue. Do I NEED lawyer to file suit to make it before 90 days or can I do it myself?
answered on Jan 18, 2024
Yes, the Right to Sue means you have 90 days from the date of the Right to Sue to file your lawsuit. It can be filed by you (called filing pro se, without a lawyer) or you can search for attorneys to file it for you. I would not rely on finding an attorney - you should be mindful of the filing... View More
I have the right to sue. Do I NEED lawyer to file suit to make it before 90 days or can I do it myself?
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answered on Dec 27, 2023
If you have received the Right to Sue from the Equal Employment Opportunity Commission (EEOC) in Ohio, indicating that you have the authorization to file a lawsuit, you have the option to proceed without an attorney. However, given the complexities of employment law cases, it is highly recommended... View More
I went on military leave from civilian job (February 6th). All I was told is that company policy would allow me to return to job once I returned. When I returned 7 months later (September 11th), now employer is deducting health insurance from time on leave.
Now I am being told that I had... View More
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answered on Dec 11, 2023
Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), service members are provided certain protections regarding employment and benefits when they leave for military duty. USERRA requires that your job and benefits be protected during military leave, but it also allows... View More
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answered on Oct 19, 2023
It is likely that her contract with her company contains non-compete and non-solicitation clauses that would prohibit her from sniping clients from them. There is likely a liquidated damages clause in the contract that the company would use to prevent her from working for you directly.
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