The SC department of revenue will be garnishing my state returns on behalf of the SC dept. Of unemployment, is there a statute of limitation?
answered on Oct 19, 2022
Whether the overpayment of unemployment benefits occurred because of fraudulent actions of the recipient may be in the eye of the Unemployment Agency. Generally, SC Code of Laws Section 41-40-10(5) states:
(5) Notwithstanding any other provision of this section, no action to enforce... Read more »
answered on Sep 13, 2022
Possibly, but it will depend on the specific language in the agreement. You can reach out to a SC non-compete lawyer for a consult so you understand your obligations.
Hi. I worked as an independent contractor for a small business. They owe me $13,814.50
for the work I did for them last year. I have tried to work with them. Offered them payment plans
and even offered to drop the amount owed if they began paying. They have not.
I did work... Read more »
answered on Jul 6, 2022
You should contact a South Carolina employment attorney to discuss this situation. In the meantime, you should preserve any written conversations between you and the business and evidence of any payments made or work performed during the timeframe you haven't been paid.
I had an employment agreement with a company but my situation changed before I was ever officially slated to start and I had to back out of the contract. The employer told me on a phone call that he would void the contract and that he would move on to other candidates. A month later I found a... Read more »
answered on Jun 17, 2022
You would need to reach out directly to a South Carolina employment lawyer for a review of the contract in more detail.
From Feb 2022-april 1 2022 I paid weekly for health and dental, my last day was april 1st with company. I tried going to dr the last week of employment and found out I was never enrolled in a plan, emailed and spoke with hr multiple times and they are no longer responding to me getting my money... Read more »
answered on Jun 9, 2022
A South Carolina attorney could advise best, but your question remains open for three weeks. It would be difficult for any attorney to offer step-by-step directions on this frustrating situation. You could reach out to attorneys to investigate the matter in terms of the formation of your contract... Read more »
answered on Jun 2, 2022
If you are working in SC, you should reach out to a local SC employment lawyer for a contract review.
My salary was based off 45-50 hours per week, but now I am working 80+ hours per week.
answered on May 25, 2022
Normally, if you are paid a salary and are performing the duties of a manager (such hiring, firing, and supervising two or more employees), or if you meet any other requirements for an exemption, you would not be paid overtime, no matter how many hours you are required to work. If you believe you... Read more »
I just would like to know if there is a possibility to do both because SLED is telling me I’d have to quit my reserve position. Thank you for your time! Have a blessed day!
answered on May 17, 2022
More information is needed to answer this question. However, if you signed an agreement or contract as a reserve deputy, this is the first place you should turn regarding whether you are permitted to pursue other employment.
If there is no limit to the number of days in a row i can be made to work, does that mean that I could be required to work every day of the year without a day off?
answered on Oct 27, 2021
There is no law that limits the number of days employees can be scheduled to work, so as long as you are properly paid for all time worked, the answer to your question is yes.
answered on Jun 1, 2021
Yes, you can be required to work as many hours as they ask of you, but they must pay you an overtime premium of time and a half for all hours over 40 per week, unless an exception applies.
That they can only allow him to be off work for a certain amount of time due to this disability despite what the doctor wrote and how long the doctor needs him out of work for, is this considered a violation of the ADA?
answered on May 26, 2021
The ADA entitles disabled employees to request reasonable accommodations for their disabilities, including leaves of absences to treat the symptoms of their disability. However, an accommodation request must be reasonable, and employers need not accept an accommodation request if they can prove it... Read more »
has had a girlfriend for over a year now. He takes our daughter around her. they talk bad about me in front of her. The girlfriend threatens to hurt me.. She sends me text and calls me. She has been in my personal information through the unemployment office where she currently works. She tells... Read more »
answered on May 7, 2021
In South Carolina, there is no divorce ground of abandonment; however, there is a ground called "desertion" that is not commonly used anymore. The most common ground for divorce is living separate and apart for more than one year, and the spouses must be separated before the one year can begin.
30 day Termination notice was received. They are planning to hire someone as an employee to take over my duties. What if they don’t allow me to work my full 30 days? Also, they keep asking me to provide notes & manuals on how to do the jobs I provided to them. Do I have to do that? I am... Read more »
answered on Apr 14, 2021
This depends on the language in your contract. Does the contract give the company the ability to elect to terminate the contract upon receipt of your 30-day notice? Your responsibilities following the termination of your contract are also likely set forth in the contract language. You should... Read more »
I have been working for the same retailer trying to work my way up to General manager in my company. I work as the Sales/Assistant manager in a chain retail store. My current general manager is transferring out to another location. Unless something changes, I am expected to work the job roles of... Read more »
answered on Mar 23, 2021
The company's obligations to you regarding your wages will depend on how they are paying you during this time. Generally, the Fair Labor Standards Act does not impose any maximum hour restrictions. However, you must be paid for all hours worked. If you are paid by the hour, you must receive... Read more »
I had Bi knee replacement and my STD ended 12/22. LTD is still pending. My Dr. Released me back to work with restrictions, the company will not accomodate them. If I quit will I be liable to pay back benefits that the company paid while I was on company leave?
answered on Feb 9, 2021
I practice employment law in NC, however, I would not quit my job voluntarily, if I were you. Voluntary resignation will likely preclude you from asserting potential employment and workers' compensation claims you may have. Moreover, you would probably be giving up your potential right to... Read more »
answered on Jan 27, 2021
Yes. Federal law does not impose any hour caps on how much you can work in a workweek. However, if you are paid by the hour, you must be paid overtime, at a rate of one-and-one-half times your regular rate of pay, for all your hours worked in excess of 40 in a 7-day workweek.
I started working for global non profit as a temporary worker off a 3 year grant, initially at 20hrs a week max. So I was told I could get benefits because of this, and I signed up for medical and dental.
Before I could submit my hours for my first paycheck I was then told by my supervisor... Read more »
answered on Jan 26, 2021
Perhaps the issue is not whether you committed fraud, but whether your employer misrepresented the terms and conditions of employment to you. IMO you should log 20 hours a week, if you are working it, and let the supervisor violate the wage and hour laws by docking your time. Definitely consult... Read more »
I am a contractor working for Lockheed Martin! I also feel my supervisor been trying to form a case on me for months! In person she said I was fired for not coming in but on the report she states it was due to my attitude! She’s white and I’m black
answered on Dec 16, 2020
Unless you have an employment contract stating otherwise, your employer can ask you to work on Saturday and Sunday (or any day). If you refuse, your employer can terminate your employment.
The cap is: no more than 80 hours / pay period, however sometimes with emergencies employees cannot decline working even though they have met their hourly cap for that pay period. Is this illegal?
answered on Nov 25, 2020
More facts are needed to fully evaluate your situation. It sounds like you are paid hourly. If you are paid hourly, work more than 40 hours per week (overtime is based on a 40 hour work week, not 80 hours in two weeks), you likely should be getting paid for this time. I would reach out to an... Read more »
I work for a Home Health Care agency as an attendant to the person I live with, my fiancée. I am reimbursed through a Medicaid Waiver program, who pays my employer to pay me to take care of him for 13 hours a week in our home. My employer who pays me these Medicaid reimbursements is requiring... Read more »
answered on Oct 28, 2020
While there are numerous factors courts consider for this type of situation, from what you've described, it sounds like your training sessions should be paid. If training sessions are made mandatory by the employer and directly relate to the job duties you perform, then you should be paid for... Read more »
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