Get free answers to your Employment Law legal questions from lawyers in your area.
Is it legal for my boss the owner of the company to read personal text messages from me and my dad’s personal cell phones just because somehow my dad’s phone got linked to the main office computer? (They fired me over the messages)We both work for the company and he told me that my main... View More 
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answered on Feb 10, 2025
It is generally illegal for your employer to read your personal text messages between you and your father if they are on your personal cell phones. Employers typically do not have the right to access personal communications on personal devices unless you voluntarily give them access or there is a... View More
i was disabled by dupont with a guarantee of 60% of my pay ssi pays half and dupont paid half. when i started getting my pension they deducted it from my disability pay from dupont
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answered on Apr 8, 2024
I understand your concern about your pension being deducted from your disability pay from DuPont. Generally, pensions and disability benefits are treated as separate forms of income, and one should not affect the other. However, the specific terms of your disability agreement with DuPont and the... View More
I was 14-18 when I was working for my family business I am 27 years old now and I just want to see if this is ok or acceptable
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answered on Jul 18, 2024
It's understandable that you're concerned about your past work experience in the family business. Generally, child labor laws and tax regulations are designed to protect young workers. In West Virginia, minors working in a family business are often exempt from some labor laws, but certain... View More
I was suspended pending an investigation. I was told not to discuss it and not to go to my workplace. Can the people conducting the investigation go there? They could be destroying evidence that would prove they did wrong and are trying to blame me.
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answered on Oct 3, 2023
Typically, an employer's policy and procedures outline who has the authority to suspend an employee. If you're concerned about evidence being tampered with during an investigation, documenting your concerns in writing and possibly sending them to a neutral third party within the... View More
Started work on Monday working for the state of WV.
Had a seizure AT work Friday morning of the same week.
Coworkers heard me hit my head off of desk/computer as I was seizing. Called 9-11 and went to ER by ambulance.
Returned to work on Monday (2 days later)... View More
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answered on Sep 28, 2023
You may have a disability discrimination case. Check with a lawyer in your state to understand your rights under WV law. You can also contact lawyers out of state to understand your rights under federal law. Best of luck!
Can I take action for being terminated for violating drug and alcohol policy for taking a hit off a delta 8 Vape which is LEGAL and not a controlled substance in West Virginia. I was not warned, was not drug tested, but was terminated
answered on Sep 18, 2023
Due to growing safety concerns, on June 8, 2023, Delta-8 became an illegal Schedule 1 controlled substance in West Virginia.
Putting that aside, an employer can fire you for violating its own drug and alcohol policy and is free to include Delta-8 in its policy regardless of whether it is... View More
I am a Licensed Professional Counselor working as an Independent Contractor for a small private practice. I am planning on starting my own practice in the near future and have a handful of long-term clients that the current practice will not be able to absorb. If the clients want to continue... View More
answered on Sep 20, 2022
The answer to your questions will depend on (1) what West Virginia courts consider enforceable non-competition provisions, (2) the specific facts and circumstances of your case, and (3) the language of the non-compete as well as any other restrictive covenants (clauses that forbid you from doing... View More
I was diagnosed with a serious form of cancer & got fired due to missing 7days in a yr.
answered on Jun 24, 2021
Hello, more information is needed here. Did you miss due to your cancer? I would highly recommend reaching out to an employment law attorney to discuss this situation.
I am receiving unemployment for one year. Now my employer reported that I resigned. I received a layoff letter from them . They didn't pay my pto too.
answered on May 4, 2021
If your employer is claiming you resigned to contest your unemployment claim, you should make sure your unemployment office gets a copy of your layoff letter and explain that you did not voluntarily resign. Whether you are entitled to your unused PTO upon termination is generally governed by... View More
I was injured on September 4th. Starting two weeks later, I was written up once a month (in September, October, and November) before being terminated 1/1/21. All of the write ups were for work performance. I was never given assistance or accommodation to ease my workload, despite being told that my... View More
answered on Jan 6, 2021
Hi, I would reach out to an employment lawyer in your state for a consultation. Some states, like Ohio, have laws preventing employers from retaliating or terminating an employee because the employee filed a workers compensation claim.
In April and couldn't actively seek work he still has his job when the doctors clear him I am disabled and we have been forced to live on my disability can I sue the unemployment office for benefits including retroactive ones?
answered on Dec 1, 2020
To be eligible for unemployment benefits, the general rule is that the individual must be physically able to work. Thus, during your husband's surgery and post-operative recovery period, he would unfortunately not be eligible to receive unemployment benefits if he was not physically able to... View More
I worked with asplundh tree experts LLC for almost a year and I got fired bc I took off a few days because I had been under so much stress and anxiety and I was supporting 7 people in my home and I was threatened with a knife to my stomach and was told he was bonded to shoot me and he would get by... View More
answered on Aug 26, 2020
More information is needed to analyze your situation. You should contact an employment law attorney in your area to determine if you have a claim under the Americans with Disabilities Act or Title VII for the way you were treated by your former employer.
answered on Feb 17, 2012
On its face, the conduct of the employer appears to treat you and your co-employee differently; however, in order for that conduct to be discriminatory and actionable (i.e. for you to have a case), there must be evidence of an improper discriminatory motive. In particular, if you are a member of a... View More
Would also like to know if he has an advocate, should I have one also.
answered on Feb 11, 2012
It is hard to answer this question without more information. Your question was asked in the Employment Law area, but refers to an Ex and also references a 24-hour notice and no-shows, which implies that perhaps your question relates to a child custody or parenting plan - can you please clarify... View More
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