Get free answers to your Employment Law legal questions from lawyers in your area.
My mom works for an in-home care facility for mentally disabled people, taking care of up to 9 people and the household, in Wisconsin. She typically works over 300 hours a month, and stays overnight while working as only one person works in the house at any time. She has worked for this place since... View More 
answered on Sep 19, 2024
You should look at WI state agency for wage claims. https://dwd.wisconsin.gov/er/laborstandards/wageclaim.htm There is a 2 year statute of limitations for wage claims in WI, so your mom can recover 2 years of OT.
Some of the statutes also carry with them "liquidated damages"... View More
answered on Jun 13, 2024
It is well-settled that anxiety and depression CAN be a disability but is not always necessarily a disability. You may or may not be disabled. But, unless your employer is a medical professional, your employer likely lacks the education, training, experience, and knowledge to make that diagnosis.
I was born in the Democratic Republic of Congo (DRC), but my family moved to Uganda for refugee as a result of the 1997 civil war in the Eastern part of DRC. As such I grew up and attended most of my school in Uganda. In 2017 I got an opportunity to come to the USA for my undergraduate, but over... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024
As someone who entered the USA on an F-1 visa, you may be eligible to explore options for family-based immigration. Since your family has been resettled in the US through the refugee resettlement process, you may have the opportunity to apply for a family visa to reunite with them. Family-based... View More
I came to the United States (Midwest) in 2017 for my undergraduate studies and graduated with a BS in Civil engineering. I am currently employed as an engineer, with my STEM OPT extension expiring in June 2025. Despite my employer's unsuccessful H1B lottery application last year, they remain... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024
Given your circumstances, it may be beneficial to explore both the EB-3 visa and family-based visa options to determine the best path forward. The EB-3 visa could be a viable option if you meet the eligibility requirements, including having a job offer from a U.S. employer willing to sponsor you... View More
I am currently on STEM-OPT Visa and my company is working on helping be obtain an EB-3 Visa. There seems to be a couple steps;
1. Submitting and obtaining PERM Certificate.
2. Filing the form I-140 petition
3. Wait for Your Priority Date
4. Adjusting status.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024
The processing times for each stage of the EB-3 visa process can vary significantly based on several factors, including the volume of applications being processed and the specifics of your case. Generally, obtaining a PERM Certificate can take about 6 to 10 months, but this timeframe can fluctuate.... View More
I signed a offer letter back in Jan. 2023 that states they are offering me a position as "full-time non-exempt" with a base salary. My employer just sent an email out stating all supervisor are hired salary-exempt/overtime eligible, and I sent a copy of my offer i signed and they are now... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2024
In Wisconsin, as in most states, employment is generally "at will," meaning an employer can change the terms of employment, including job duties and compensation. However, if you have a signed offer letter or employment contract specifying the terms of your employment, this can complicate... View More
I signed a offer letter back in Jan. 2023 that states they are offering me a position as "full-time non-exempt" with a base salary. My employer just sent an email out stating all supervisor are hired salary-exempt/overtime eligible, and I sent a copy of my offer i signed and they are now... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2024
The answer would depend on the employment laws of the State of Wisconsin. It would be important for the employee to look into the laws in Wisconsin to determine if it is an "at-will" employment state. It would further be important to look at the contract to determine if it is for a term,... View More
Also I don't get paid for any extra days worked at all and if I miss a day of work due to being sick I get my pay docked. I do not get sick time just PTO time. Is any of this legal.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 2, 2024
In Wisconsin, whether you are entitled to overtime pay depends on various factors, including your job duties, responsibilities, and salary level. Salaried employees may be exempt from overtime pay if they meet certain criteria under the Fair Labor Standards Act (FLSA), such as being classified as... View More
I'm a salaried, contract employee. My agreement was for four years, with an optional fifth year. That fifth year was at the sole discretion of the company and they would provide "30 days' prior written notice (e-mail sufficing)".
I received notice they would pick up that... View More
answered on Oct 5, 2023
Under the facts you described, you are free to reject their untimely notice and end the contract, or you can waive the timing issue and continue working at the end of the four years in twelve days.
If you want to negotiate a new contract, be sure to carefully and clearly document that your... View More
Their insurance. We used to get the amount divided between our paychecks during our 9 months of employment. They are now dividing that benefit by 12 months, so we get less per paycheck. We are contracted to work 9 months, not 12. They do retroactively pay the amount they withhold during the summer... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2023
If your employment contract specifies a particular payment structure for the insurance buyout benefit during your 9-month employment, your employer should adhere to the terms of the contract. If they unilaterally change the payment structure without your consent, it could potentially be a breach of... View More
i was given a warning and i sign it, the next day i put in my two weeks, can a company fire me for putting in my two weeks ?
answered on Aug 1, 2023
In most states you are considered an "at will" employee, which means that you can quit or be terminated without any advance notice, and without any reason. Retaliation via an employment termination for giving 2 weeks notice of quitting, is not usually, by itself, a recognized form of... View More
Will this hold up in court?
answered on May 19, 2023
It depends on information which is not contained in your question. You can take the contract with the non-compete to an employment lawyer in or near the county where you want to work.
The FTC has proposed a rule that will make non-competes invalid across the United States when it goes into... View More
I consented to a consumer report background check at my employer when up for promotion. An old active arrest warrant was discovered on the check. The employer did not notify me of the issue directly and instead contacted local law enforcement who then came looking for me. I do not believe the... View More
answered on Apr 3, 2023
The situation you have shared is very concerning and may very well be a violation of employment background check compliance (such as through the Fair Credit Reporting Act) as well as a number of related obligations imposed on employers who order criminal history information reports from third... View More
I have a non compete and my new job is in the same industry, however it is not dealing with the same customers. Does this violate a non compete agreement?
answered on Apr 3, 2023
It depends upon the language of your non-compete and how broad in scope the law in the relevant state allows your former employer to enforce a non-compete in your industry and occupation.
had to have major back surgery, was already on fmla. employer had me on short term, which wasn't consistant, then turned to long term, once turned to long term, they sent me threw wrong insurance company for 3 months, then finally got the right insurance company. it took over 5 months to even... View More
answered on Oct 6, 2022
A Wisconsin attorney could advise best, but your question remains open for three weeks. It looks like you may have at least two issues to sort out here, aside from the disability claim for which you already have an attorney. Employment attorneys would know about FMLA matters. As for the MRIs and... View More
I am in a contract position that is being transitioned to a new company and they plan to bring me over to fill the same role. I provided my salary requirements and then received an offer letter. When i received this offer letter the job title was incorrect and I pointed this to the recruiter and I... View More
answered on Jul 26, 2022
While this situation sounds unfair, it's unlikely that you have any recourse. An offer letter is generally not a contract, so the terms of the offer can be changed without your acknowledgement or approval. If you don't want to accept the position with the lower salary, you are not... View More
And they have, “14 day notice required before quitting.”
answered on Jun 7, 2022
Federal law requires that you be paid for all hours you actually work, including most training hours. Regardless of whether you signed this agreement, you must be paid for your training time. The 14-day notice requirement before submitting a resignation is permissible.
answered on Mar 1, 2022
There are no laws that require extra pay on holidays or weekends. Employers sometimes offer extra money as an incentive to work on these days, but it is not required.
I have type 2diabetes.. my blood sugar spiked and caused me to “lose consciousness” for a bit. I tested my glucose level and it was 245 which is high, as my level is 134 or lower. Was terminated for “sleeping on the job “. I wasn’t offered medical attention, even though I worked in the... View More
answered on Jul 28, 2021
This largely depends on whether your employer knew about your medical condition, that you weren't actually sleeping on the job, or that you needed medical attention. More information about your situation is necessary to determine whether you have a claim under the Americans with Disabilities... View More
I live in Wisconsin. In May, I was verbally warned not to work outside of the hours that I was clocked in. In June, I was verbally warned and also sent an email warning to not work outside of the hours that I was clocked in when I got caught a second time doing it. On 12/22, my boss called me... View More
answered on Jan 6, 2021
If an employer is aware that you are performing work that is unpaid, the employer would be liable for wage and hour law violations. The employer's remedy is to impose discipline, not to withhold payment. Thus, HR is likely trying to determine the amount of unpaid hours that you have worked... 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.
