Employment Law Questions & Answers

Q: Hi, I have a medical practice and was recently served with order to garnish wages by sheriff.

1 Answer | Asked in Employment Law for California on
Answered on Apr 11, 2019
Louis George Fazzi's answer
You must comply with the court order. You can afford the services of a local attorney to advise you more appropriately on the details of the matter, but as a practical matter, if the person whose wages are to be garnished is not an employee, then you should not have any wages to garnish. Best practice would be to retain the services of an attorney to advise you.

Q: Can an employer require me to use PTO while receiving the California Paid Family Leave benefit from SDI?

2 Answers | Asked in Employment Law for California on
Answered on Apr 11, 2019
Louis George Fazzi's answer
You must read 29 CFR 825.207 (a) and (b), which seems to indicate that the employer may require you to apply for the California paid leave if you want to be paid during your FMLA leave, which is otherwise unpaid. As I read it, you are entitled to FMLA leave, which is normally unpaid, but as a condition of obtaining the paid benefit the employer offers, you may be required to seek the applicable state benefits in order to get paid. However, this to me does not indicate that you must take your...

Q: My employer posted my drug test results with name for all employees to see..i was fired through text. What do i do now?

1 Answer | Asked in Employment Discrimination, Employment Law and Health Care Law for Florida on
Answered on Apr 10, 2019
Bruce Alexander Minnick's answer
Unless you have a written employment agreement, you have little or no employee rights in Florida. Why? Because Florida is an “at will employment” state--which means Florida employers are free to hire, assign, re-assign, re-locate, promote, demote, discipline, suspend or terminate employees “at will.” They do not have to give employees any reason either. The only thing employers cannot lawfully do is make these employment decisions based upon any illegal reason or classification such as...

Q: Hi! I have a question regarding Construction Contracts. The scenario is as follows:

1 Answer | Asked in Construction Law, Contracts and Employment Law on
Answered on Apr 10, 2019
Bruce Alexander Minnick's answer
This sounds very much like a "legal" question you have been asked in Business Law 101.

Answer: The main difference between successful small businesses and those that fail within the first year of operations is good legal advice. The owners of most successful small businesses understand that retaining a competent lawyer and paying modest legal fees to advise them--from day one—may end up saving them thousands of dollars later on when they have to fix unnecessary problems. Calling a...

Q: I have a question about how a restaurant is treating me

1 Answer | Asked in Employment Law for Florida on
Answered on Apr 10, 2019
Bruce Alexander Minnick's answer
The facts as stated are not clear enough to understand with you are concerned about. If you are upset at having to REPORT (as opposed to claim) 30% of gross receipts for all the "to go food" as your tips, unless you are not actually receiving that amount (or more) of money in tips you should have no beefs. If you are not receiving any money in tips but are required to report you are, then you may have a remedy. Please explain again.

Q: pre- Trial conference is on 04/30/2019. When’s the deadline to submit the pre-Trial stipulations?

1 Answer | Asked in Contracts, Employment Law and Civil Rights for Florida on
Answered on Apr 10, 2019
Bruce Alexander Minnick's answer
Look for the deadline date(s) in the pre-trial order given to all litigants earlier in the litigation.

Q: Is it possible to have benefits from a situation like this? A friend of mine its not a US citizien

1 Answer | Asked in Employment Law for Ohio on
Answered on Apr 9, 2019
Matthew Williams' answer
It’s really unclear what you’re asking. It’s possible for these people to get arrested, go to jail, and get deported. I wouldn’t describe any of those as benefits.

Q: I was denied benefits from ui my employer claimed i was guilty of misconduct. I have one more appeal and i think i

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Answered on Apr 9, 2019
Neil Pedersen's answer
First, be sure to file your paperwork with the EDD regarding the denial of those benefits. There is a very short time limit to do so. Do not wait until you find an attorney to do that.

Second, it sounds like you are linking successfully appealing the UI benefits to making a claim for discrimination and wrongful termination. They are two separate things in two separate systems and one does not rely upon the other. In fact it is highly unlikely that a determination by the EDD would be...

Q: Does my employer have to reinstate me into the exact position as when I was hurt?

1 Answer | Asked in Employment Discrimination, Employment Law, Personal Injury and Workers' Compensation for Kentucky on
Answered on Apr 9, 2019
Timothy Denison's answer
As long as your pay is the same, they can put you in any position they need you in.

Q: Is my employer allowed to grab my shoulder and keep me from leaving after he fired me

1 Answer | Asked in Employment Law and Criminal Law for Louisiana on
Answered on Apr 8, 2019
Ellen Cronin Badeaux's answer
If you were kept against your will, call the Sheriff's office.

Q: If I were convicted of child molestation at age 13 would that disqualify me from becoming a notary public?

1 Answer | Asked in Criminal Law and Employment Law for California on
Answered on Apr 8, 2019
Dale S. Gribow's answer
need more info

is it juv ct record? sealed?

why not google notary public rules re criminal record to check on their policy

Q: Is it normal for your total amount on withholdings on your w2 not match your total amount on your last pay check

1 Answer | Asked in Employment Law and Tax Law for Washington on
Answered on Apr 8, 2019
Bruce Alexander Minnick's answer
Many companies use two separate programs when creating paychecks and W-2 forms; and this is especially true in companies that use third party payroll companies and third party CPAs to prepare 1099s and W-2s. In most cases the difference is too tiny to be concerned about. When choosing which one to us, follow the law and use the W-2 or 1099, because your employer must file a copy of that form with the IRS. They do not have to file paycheck stubs.

Q: bank told my employer that they had wrong direct deposit information and directed employer to change without my consent

1 Answer | Asked in Banking, Civil Litigation, Employment Discrimination and Employment Law for Mississippi on
Answered on Apr 8, 2019
Bruce Alexander Minnick's answer
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.

Q: I got fired from my job today after taking a 2 day emergency leave because I was in the hospital . They took me off of

1 Answer | Asked in Employment Law, Education Law and Employment Discrimination for Kentucky on
Answered on Apr 6, 2019
Timothy Denison's answer
Unfortunately, Kentucky is an “at will” state, which means they can fire you for any reason at all or no reason at all.

Q: Can a company change an employment contract without agreement, and affect how we used to be paid in the process?

1 Answer | Asked in Civil Litigation, Contracts, Employment Law and Mergers & Acquisitions on
Answered on Apr 5, 2019
Bruce Alexander Minnick's answer
This seems more like an accounting and bookkeeping question than an employment law question. In any event, if you have an employment agreement you might be able to enforce the agreement; Consult a local lawyer about it.

Q: Travel is done on my own time and compensated with $20 per diem for traveling steel/iron worker?

1 Answer | Asked in Employment Law, Workers' Compensation and Construction Law for California on
Answered on Apr 4, 2019
Neil Pedersen's answer
There are a lot of facts and documents that would need to be known to give a definitive answer. Union membership and collective bargaining agreement provisions would need to be known. Generally, without a CBA that might be allowed to modify the law in general, you must be paid for travel at a rate that is at or more than the minimum wage except for normal commute time. You must also be reimbursed an amount that reasonably approximates your actual expenses in using your own vehicle and being...

Q: Are we required to register as a business in the state of California?

1 Answer | Asked in Employment Law, Business Formation and Business Law for California on
Answered on Apr 3, 2019
Kenneth Sisco's answer
Given the facts stated, I believe there is little question that the law requires you to qualify to do business in California. While I do not recommend that anyone breaks the law or even ignores it, it is important to note that the major sanction for failing to qualify, is that you will not be permitted to make use of our Court System.

If the state discovers you are doing business, they can force you to comply or cease and desist. If you fail to comply you could face problems....

Q: question about salaried employee pay check

1 Answer | Asked in Employment Law for California on
Answered on Apr 2, 2019
Neil Pedersen's answer
In a situation like this, you are entitled to pay from the prior company that is probably now defunct up through the last day you worked for that company. Then you are entitled to be paid in due course by the company that you now work for, which is not the same company as you worked for last month.

Your new employer has a designated number of days in which to pay you for the work you performed for it in the last two days, but it is not obligated to pay you immediately. It can wait for...

Q: i am working full time for a employer, there is a notice period of 30 days for that company, i want to leave within week

1 Answer | Asked in Employment Law for Utah on
Answered on Apr 2, 2019
Michael C. Smith's answer
As a general rule in Utah, if you have no contract or are an at-will employee, you may quit your job at any time, with or without notice, and your employer cannot charge you or withhold the pay you have earned. However, if you have a written employment agreement, you should consult with an attorney about your specific circumstances.

Q: Work for LA Co Dept of Public Works. What kind of an attorney do I need for hostile work environment & FMLA.

1 Answer | Asked in Civil Litigation, Employment Discrimination, Employment Law and Civil Rights for California on
Answered on Apr 2, 2019
Neil Pedersen's answer
An employment law attorney familiar with the Fair Employment and Housing act, FMLA and litigating against public entities. Most experienced employment law attorneys will likely have competencies in those areas, but be sure to ask for that specifically. I would suggest you look either on this site or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers....

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