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Employment Law Questions & Answers

1 Answer | Asked in Employment Law and Workers' Compensation for South Carolina on

Q: I recently filed a injury claim to my hr. They sent me to an urgent in their network the doctor diagnosed me with

Active asthma and said the environmental exposures at work are the cause and excused me from 2days of work. I notified my supervisor that I’m out on worker comp. While on workers comp. I filed a osha complaint concerning the quality of air and toxic chemicals that are the cause of the asthma they... Read more »

Carole Jean Hayes answered on Aug 12, 2019

If your exposure to the workplace has resulted in your developing or aggravating your asthma, you should have a viable workers' comp case. You can go to another doctor. My first piece of advise is to get a company to test the air quality at your place of employment before they "fix it." You need... Read more »

2 Answers | Asked in Employment Law for New York on

Q: NY employer asking me to sign agreement that I am responsible for any damage to equipment, including accidental. Legal?

I'm an "at will" employee and the equipment I use is only laptop, phone, etc. However, I don't want to agree to be responsible for any damage if I don't have to. I understand that if the damage is caused by gross negligence or on purpose, but this agreement would cover everything except "normal... Read more »

V. Jonas Urba answered on Aug 12, 2019

Here's a link to Section 193 of New York's Labor Law.

https://www.labor.ny.gov/formsdocs/wp/ls605.pdf

Not legal advice. No lawyer client relationship. No assurance that this is the latest version of Section 193 nor that it is all inclusive. Contact a New York employment lawyer to...
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1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on

Q: My employer is offering something to one employee and not the other. Is that legal?

I had to wait two years to start a retirement account. An employee that has been here four months is eligible for the retirement plan, but another employee who has been here eight months has not even been asked to participate in the plan.

Bennett James Wills answered on Aug 12, 2019

One would need a lot more information to determine an answer. Does the employee have a contract? Employment handbook? Perhaps there's an opt-in period? Consult a local employment attorney.

1 Answer | Asked in Employment Law for Nebraska on

Q: Can my work penalize me for not having 40 percent of my guests not having their rerwards program

I work at buffalo wild wings, and was told I would be taken off the schedule if I didn't get 40 percent of my daily guests to have or sign up for their rewards program. Even though there is nothing in the handbook, code of conduct, or company policy stating I have too?

Julie Fowler answered on Aug 12, 2019

Companies are allowed to require workers to meet minimum performance requirements in order to meet their job duties and maintain employment. As long as these policies aren't implemented in a discriminatory manner or otherwise violate the law, they are generally allowed.

2 Answers | Asked in Contracts and Employment Law for Tennessee on

Q: Is my non compete clause enforceable?

Non compete clause (Nashville) States I can't work within 55 miles for 1 year after quiting my job as a tattoo artist because we have "trade secrets" however, if I am an unlicensed artist for one year I am no longer able to get licensed to be an artist and I would have to completely re do my... Read more »

Mr. James Charles Wright answered on Aug 12, 2019

I think the answer, unfortunately is "it depends." The issue is whether the non-compete is reasonable. fifty-five miles appears at first blush to be a reasonable distance to keep a tattoo artist from setting up shop "next door" and competing against the employer. But it may not be under your... Read more »

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1 Answer | Asked in Employment Law for California on

Q: Should my employer lay me off at my request following lengthy medical leave?

I have been off for over a year due to spine surgery and subsequent difficulties.My neurosurgeon states I am not able to return to that work currently and is unsure how long before some of my difficulties will be improved enough to return. I sent my boss an email on June 28th giving her my medical... Read more »

Neil Pedersen answered on Aug 10, 2019

More would need to be known about your situation before someone could give you solid advice upon which you can rely. When you are incapable of performing your regular job, even with modification of the way you normally perform the duties of that job, the employer is required to place you on a... Read more »

1 Answer | Asked in Employment Law for North Carolina on

Q: I was berated screamed and totally disrespected . By supervisor I then asked to go to HR. And was denied. Is that legal

Kirk Angel answered on Aug 10, 2019

That is terrible for you to have to go through.

However, there is no law against an employer, supervisor or co-worker berating, screaming or disrespecting you in this state. This type of conduct may be unlawful if it is directed to you on the basis of race, color, sex, national origin,...
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1 Answer | Asked in Employment Law for Florida on

Q: I have a family business, filed in Florida. We are parting ways with a 33% shareholder, can he go work for a competito

He was gifted 33% of the business, he is resigning, is their case law to support he could not work for a competitor as long as he owns a third of the business?

Terrence H Thorgaard answered on Aug 9, 2019

You are going to have to do your own legal research, but (assuming it's a partnership or LLC and not a corporation), a good argument can be made that any work he does in the same type of business is work done for the business and therefore profits should be paid to the business.

In any...
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1 Answer | Asked in Employment Discrimination and Employment Law for Georgia on

Q: I work as a resident manager, received text from tenant by mistake, tried calling my boss & texted her.

Joanna said she has a bug!!! She is in the bed under cover!!! Don't 'recon somebody told her 'bout tomorrow do you??? This is the text I received.

This is what I asked my boss

This was just sent to me,what's going on? Her reply (Yes which is fine I don't have time tomorrow I will... Read more »

Stephen Arnold Black answered on Aug 9, 2019

Your question makes no sense. Rewrite it and send again.

1 Answer | Asked in Employment Law and Libel & Slander for Texas on

Q: Do you sue your previous employer (the company) or the individual for providing false info to a prospective employer?

I recently applied at a company and coincidentally knew an individual that worked there, who gave me an initial recommendation. However an individual at my PREVIOUS employer knew the hiring manager there and stated false, incorrect statements about my character, which caused me to not even get an... Read more »

C.Doris Okafor Dike answered on Aug 9, 2019

It Depends. Was the individual a HR director, CEO,COO, or anybody in the C-suite for the company? Or were they a regular worker for the company?

1 Answer | Asked in Employment Law for Texas on

Q: Employer forcing me to relocate out of state or be fired, signed a non compete so I can't get work in Houston. What now?

In Texas, stated specifically that I wasn't willing to move before employment. I received no special knowledge or benefit for non compete, the knowledge is generally known. I cannot work within 50 miles from or within year after leaving my employer. My question is, if I am forced to move to another... Read more »

C.Doris Okafor Dike answered on Aug 9, 2019

Hello, I would suggest having a Texas lawyer review your entire agreement. Non-competes in Texas are enforceable under certain circumstances. 50 miles seems like a huge area but I would need to see the whole agreement to really answer this question.

Restrictive covenants or noncompete...
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1 Answer | Asked in Employment Law for California on

Q: I submitted a wage claim and received a “Notice of Claim” but no conference and demand of payment. What can I expect?

I submitted a wage claim against my previous employer and included pages and pages of evidence (altered time sheets without permission and text message conversations with supervisor where she clearly admits to reducing my earned overtime hours without my permission, etc.). I received a letter from... Read more »

Neil Pedersen answered on Aug 8, 2019

You need to take that form to an attorney or the DLSE to get an explanation. Without looking at the documents it would be very difficult for anyone to give you sound advice about the status of your claim. Good luck to you.

1 Answer | Asked in Employment Discrimination and Employment Law for California on

Q: Identifying as a person with disabilities I feel that I have been subject to harassment and bullying

I have gone to my local union with no actions to follow with my grievances that have been filed I have also reached out to my work Ethics Hotline my situation involves a director of my department my supervisor as well as an HR Manager

Neil Pedersen answered on Aug 8, 2019

There is not much in your post to give us an idea of what you are looking to learn from our response. If you are looking for an attorney to reach out to you to represent you, that is unfortunately not the purpose of this Q&A site.

It is unlawful to engage in harassing conduct based on...
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1 Answer | Asked in Employment Law for Nebraska on

Q: If you work in a VEBA state, does your employer legally have to abide by the vacation policy that VEBA outlines?

If the company policy says my state carries over PTO, do they have to abide by the state law or can they follow their own HR policy? Even if it goes against what is written in their own policy???

Julie Fowler answered on Aug 8, 2019

If a company has a policy that is contrary to the law, the policy would likely be found as void or illegal and the law instead would apply.

1 Answer | Asked in Employment Law for Oregon on

Q: Can a civil case move forward without having the defendant served or being served?

Oregon state/Deschutes county

Consultant claims he was an employee

I am considered a consultant by the company as well (they denied I am an officer)

Case apparently filed without my being served

Mr. Michael O. Stevens answered on Aug 8, 2019

It con proceed for a short while, but check the court records to see if you were actually served. Just because you are not served like you see in the movies does not mean you were not served. There are many ways to serve someone.

1 Answer | Asked in Employment Law and Workers' Compensation for California on

Q: I’ve been working at Ross for 10 years now and am getting paid $1 more than a new employee. I haven’t received my annua

I have been working at Ross for 10 years now and am only getting paid $1 more than a new employee. My last annual review was about 5 years ago. They keep saying my pay is maxed out. But it’s all so shady. My coworkers working the night shift along with me have NEVER had a single review or raise.... Read more »

Neil Pedersen answered on Aug 7, 2019

Unfortunately, as long as you are paid at least the minimum wage, and unless you can prove the refusal to pay you more is because of your membership in a protected class of people, you really have no meritorious legal claim for not getting a raise. No employer has a right to a raise, unless the... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for California on

Q: I need help with retaliation from my employer Amazon for asking for medical accomm req

They are making my work assignment so I will get fired

Neil Pedersen answered on Aug 7, 2019

Unfortunately this Q&A site is not the place to solicit an attorney to assist you. It is important that you quickly locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or... Read more »

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1 Answer | Asked in Employment Law for California on

Q: When I was hired I was told that I would get 1 weekend off a month but haven’t had a scheduled weekend off in 10 months

I brought it to the attention of 3 different managers and was given pretty much the same answer which I then argued the point that “ other employees haven’t had to do this to get a weekend off so why do I?

Neil Pedersen answered on Aug 7, 2019

Your employer has no duty to give you the time off that you requested, even if they told you prior to employment that you would be given that time off. An employer is allowed to change the terms and conditions of employment at any time and for any reason or even for no reason at all when the... Read more »

1 Answer | Asked in Banking and Employment Law for California on

Q: There were overdraft fees charged by my bank due to bounced check from the employer. Can I ask employer to pay the fees?

The paycheck was around $1,800 and it was bounced. Due to that fact, bank charged me $35 of penalty. Also, there were few overdraft charges due to unannounced and bounced paycheck.

Bruce Alexander Minnick answered on Aug 7, 2019

Yes, you can ask your employer to reimburse you. However your employer may not do it.

2 Answers | Asked in Employment Law for California on

Q: I was working as a security officer. And my boss did not pay me for overtime, even though she was paid overtime for me.

And to make it worse, she shorted me more and more every check. What can I do?

Neil Pedersen answered on Aug 6, 2019

You have several options.

One is that you can, and should, speak to your employer about this shortage in your pay. Try to work it out with the employer.

Another option is to hire an attorney to write a demand letter for you. That can sometimes work.

Another option is to...
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