Employment Law Questions & Answers

Q: Can my employer reprimand me, possibly fire me for using approved FMLA days.

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Answered on Feb 8, 2019
James J. Hux's answer
If your employer did so, it could be FMLA retaliation. You should speak with an employment law attorney as soon as possible to discuss your situation in more detail. Some will offer free initial consultations.

Attorney James J Hux

Hux Law Firm LLC

Q: Can I have a employment severance package reviewed free of charge?

1 Answer | Asked in Employment Law for New York on
Answered on Feb 8, 2019
V. Jonas Urba's answer
Initial phone consults are free. Reviewing any documents is usually a flat rate. Call or email for rates.

Q: My work 401k is registered to a parent corporation and not the direct corporation I work for is that legal?

1 Answer | Asked in Business Law, Contracts and Employment Law for California on
Answered on Feb 7, 2019
Gerald Barry Dorfman's answer
You may be able to file a Qui Tam action. Depending on the ultimate amounts recovered, some of these can be quite valuable. Look for attorneys who are familiar with the requirements for these types of cases, and have one or more consultations to learn more.

Q: An employer refuse to pay me ,,,,, what can I do ? based in Virginia

1 Answer | Asked in Employment Law for New York on
Answered on Feb 7, 2019
V. Jonas Urba's answer
Call the Department of Labor.

Q: Can a person be terminated for consensually dating a co-worker that is not a supervisor?

1 Answer | Asked in Employment Law for Illinois on
Answered on Feb 7, 2019
Ethan White's answer
Simple answer is probably yes. Illinois is an "at will" employment jurisdiction, meaning your employer can fire you for any reason or no reason at all, so long as it is not discriminatory. But firing a person because the employer does not like the dating between employees is unlikely to be discriminatory. Based on what you've described above, the firing is likely legal. I hope that helps.

Q: I was wrongfully terminated from non-profit company (over 100 employees) in NY. I was a management employee.

1 Answer | Asked in Employment Law for New York on
Answered on Feb 7, 2019
V. Jonas Urba's answer
Are you at will? No contract? You might get back pay and then be fired again. Employers need no reason at all to fire at will employees. If you are not happy with this job find another one first before quitting this one.

Q: Can I be held responsible for a $2,000 penalty for breaking a contract I never signed but have been operating under?

1 Answer | Asked in Contracts and Employment Law for Arizona on
Answered on Feb 6, 2019
Marcos Garciaacosta's answer
Yes, you have basically been executing the contract and are bound by its terms.

You may be able to negotiate any penalty and a detailed review of the contract may be helpful.

Let me know if I can help.

Q: Is it legal for an SF employer to ask a former employee to sign retrospectively legally binding supplemental terms?

1 Answer | Asked in Employment Law and Contracts for California on
Answered on Feb 6, 2019
Griffin Klema's answer
Enforceability of the contract will be subject to state law (California). Whether a contract that applies retrospectively would be enforceable under California law is something that a California-licensed lawyer would have to advise on. Generally speaking, a contract must have what is called "consideration" to be enforceable. If the former employer isn't giving you something in exchange for the promises you are making in the contract, then it might not be enforceable, even if you do sign....

Q: I am being charged with vandalism. They don't have any proof but a text message telling my coworker oh i'm key their car

1 Answer | Asked in Criminal Law and Employment Law for California on
Answered on Feb 5, 2019
Dale S. Gribow's answer
To properly answer any legal question it is necessary to ascertain more information. It is like asking a doctor over the phone what your pain in the stomach is about and whether he could cure it. The Doc needs to get a more complete history, lab work and X-rays etc.

I would strongly suggest you write out a detailed summary of the facts including your name, address, email and the relevant facts. Every lawyer you talk to will need the same information to intelligently answer your inquiry....

Q: My boss fired me for being in the bathroom “too long”. She says I was in the bathroom for over 20 minutes. I wasn’t

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for New York on
Answered on Feb 5, 2019
V. Jonas Urba's answer
You can be fired for a good reason, bad reason or no reason at all as an "at will" employee. If you are non union, non civil service, or do not have a written contract of employment you are probably at will. Being in the bathroom is not an illegal reason to fire someone unless you told your employer about some medical condition which might require extended bathroom time. Unless you were told that excess bathroom time could get you fired you should be able to recover unemployment, barring gross...

Q: Are employers required to report deaths of employees to work comp or OSHA?

1 Answer | Asked in Employment Law, Personal Injury and Wrongful Death for Georgia on
Answered on Feb 4, 2019
Peter N. Munsing's answer
Your estate lawyer should have suggested to you that you had that right. Likely it's passed, but why not contact a member of the Ga Trial Lawyers Assn in your county--they give free consults. Look for one that handles workers compensation.

Q: Do I still have a claim against my employer after accepted the two days they’re offering me?

1 Answer | Asked in Employment Law for Florida on
Answered on Feb 3, 2019
Ashley Ann Krapacs' answer
It is unlawful for an employer to terminate you because of your pregnancy. You should definitely reach out to a lawyer who can help you determine whether you have a discrimination claim against your previous employer. Please contact my firm if you want a free consultation.

Q: Does a "Prime Contractor" Differ from the meaning of vender or General Contractor"?

2 Answers | Asked in Contracts and Employment Law for New Jersey on
Answered on Feb 2, 2019
Leonard R. Boyer's answer
These are 3 different things. Any time you work with any contractor, you need to retain an attorney to determine if contract and contractor are legitimate. A vendor sells materials, a contractor performs work. There are general contractors (a prime contractor is not a common term in NJ) and sub-contractors.

Q: The HRA of NYC is trying to terminate me because of my past convictions can I get a temporarily injunction

2 Answers | Asked in Employment Law for New York on
Answered on Feb 1, 2019
John J. P. Howley's answer
It is possible (but very difficult) to obtain a temporary injunction in an employment termination case. You must present evidence that: (1) you will likely win the lawsuit; (2) that you will suffer "irreparable harm" if you are terminated; and (3) the equities are balanced in your favor. A lot will depend on the facts of your case, including whether you are a union member, whether HRA has other grounds to terminate you, etc.

The most difficult part is proving "irreparable harm." You...

Q: Do you have to sign that you waive legal rights (Claims released and given up) clause to receive monies owed in FL?

1 Answer | Asked in Employment Law for Florida on
Answered on Jan 30, 2019
Terrence H Thorgaard's answer
Yes, if you want to receive the settlement you would have to sign the release. If you don't know what these rights might be, you should consult with an attorney, or at least research those statutes.

Q: I am looking for an attorney in an employment related lawsuit I am facing from my previous employer (Piscataway, NJ)

1 Answer | Asked in Employment Law for New Jersey on
Answered on Jan 29, 2019
Richard Yaskin's answer
If you now reside in Minnesota, it seems that an initial question is whether you are now subject to the jurisdiction of the New Jersey court. What is the basis of jurisdiction over you claimed by the Complaint?

Richard

Q: NCDPS is sending a Letter of Overpayment when they terminated me, Didnt pay for a week of work or vacation leave.

1 Answer | Asked in Employment Law for North Carolina on
Answered on Jan 28, 2019
Kirk Angel's answer
I do not see a question. However, if you really were overpaid, then the DPS can institute legal action to get that money back.

Q: I was force to resigned or get terminated for using a police car to go home and work. I am a Chief of police

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Texas on
Answered on Jan 28, 2019
Roy Lee Warren's answer
My goodness, I cannot believe they treated you like that! Look at the employment policies to determine whether such events are addressed, if not you may well have an argument against your employer to claim "implied consent" because it acquiesced to your previous use. The fact you were on call 24/7 also should help your cause. You could be entitled to mileage for use of your car. Contact Texas Employment Commission. Good luck to you.

Q: What stipulates breach of contract from an employer in alberta?

1 Answer | Asked in Contracts and Employment Law on
Answered on Jan 27, 2019
Timur Akpinar's answer
As a general matter, breach of contract arises when a party to a contract fails to perform without there being some underlying legal defense, provided the contract is valid and there are no defenses to its formation. However, your contract could be governed by provisions of Alberta law (you mention Alberta). To answer your question, an attorney is likely to ask you to show them the contract, as breach is an act that can be defined or governed by the terms of a contract.

Tim Akpinar

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