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Employment Law Questions & Answers
1 Answer | Asked in Employment Law for New York on
Q: My employer terminated my employment and has not provided written notice of this after more than a week. Lawsuit?
V. Jonas Urba
V. Jonas Urba answered on Feb 16, 2020

As long as you did not commit gross misconduct, applying for unemployment insurance benefits and looking for a new job is probably the way to go.

Unless there was discriminatory motive or a breach of contract, what would be the good faith basis for a lawsuit? Frivolous lawsuits can result...
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1 Answer | Asked in Employment Law, Consumer Law, Criminal Law and Military Law for New Jersey on
Q: An arrest record for an Article 15 was sent to FBI, what happens after 7 yrs? Does it show for employment in accounting?

During a deployment overseas, there was an incident involving multiple personnel. US Army CID took fingerprints and statements from personnel involved. The charges are shown on an fbi personal rap sheet few years after. There was no court martial. The disposition is only an article 15 ( non... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 15, 2020

An attorney would need much more information to properly answer your question.

1 Answer | Asked in Employment Law for Florida on
Q: Employer based Florida. Jobsite located in Louisiana. Is the employer required by FLSA to pay for travel cost or time?

Hourly employee. Employee refuses to compinsate for travel time or fuel.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 15, 2020

No, not unless you have a written contract saying they will. Florida is an "at will" state which means employers hire and fire at will; and employees can quit at will. Everything in-between hiring and termination of employment is negotiable.

1 Answer | Asked in Employment Law for New York on
Q: My employer put me on paid suspension and have not been paying the hours scheduled and also didn’t pay me this week

I emailed the company HR , Store manager & area Director and nobody got back to me and I’m still employed what do I do next

V. Jonas Urba
V. Jonas Urba answered on Feb 14, 2020

They may have changed their mind which they can do.

Call them and ask them. If that does not work file for unemployment benefits after a week. If they have not responded in a week maybe they fired you? Good luck.

They dont have to give you notice or reasons for anything unless your...
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1 Answer | Asked in Employment Law for Florida on
Q: Disability accommodation

When starting the process for an accommodation for a disability. Can I ask for a reduced work schedule even if the employer does not do part-time employment? The company does have some part-time employees now, that perform my same job.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 14, 2020

Sure, you can ask your employer for whatever accommodation you think you want--but that does not mean that you (a) are entitled to your choice of accommodations, or (b) will receive whatever accommodation you ask for. Finally, and FYI: the fact that some other employees are working part-time does... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Intellectual Property for California on
Q: can a co worker steal Intellectual property out of my phone off work and use it against me to get me suspended at work

can a co worker go threw my phone off of work while I am under the influence of achocol with out my permission and then take pictures of what is on my phone to use it against me at work to get me suspended.

Neil Pedersen
Neil Pedersen answered on Feb 14, 2020

Your employer can act on any information it receives from any source to discipline you. There would be no legal case against the employer. As to the co-worker, suing a co-worker is rarely worth the time, money and effort, even if you had a meritorious claim. If that intellectual property should... Read more »

1 Answer | Asked in Employment Law for Arkansas on
Q: After a company wide pay cut, can the company pay out previously accrued leave at the current, reduced rate of pay?

The nonprofit I work for issued 25% pay cuts to all employees due to financial distress. They plan on paying out previously accrued leave at the new, reduced rate of pay even though the leave was accrued prior to the pay cut at a higher rate.

Chris W. Burks
Chris W. Burks answered on Feb 14, 2020

Thanks and it depends on the wording in the employee handbook or policy setting forth the leave. If the policy guarantees leave at a set rate and operates as a contract, then you may have a claim. Happy to speak anytime on this 501-891-6000.

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can I be fired due to going on disability?

I have worked for a company under agriculture for about 3 months now with full time hours. I was just recently accepted for disability compensation and now can only work up to 24 hours a week. I spoke with my employer about this change and he said he cannot accommodate me as a part time employee.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 14, 2020

No, under the facts stated by you, it is not against Florida or federal law for your employer to require you to work full time. The fact that you now have a partial disability and are not allowed to work full time (and do not need to work full time anymore) does not mean your employer must allow... Read more »

1 Answer | Asked in Employment Law for California on
Q: I got a garnish notice at my workplace and my supervisor sent that notice to HR without notifying me is that illegal?

He signed off for it because I was not at my work place when the sheriff dropped it off.

Neil Pedersen
Neil Pedersen answered on Feb 13, 2020

Yes that is legal. When an employer receives a garnishment notice, the employee has no right to notification. The employer is legally required to process the garnishment order.

Good luck to you.

1 Answer | Asked in Criminal Law and Employment Law for Kentucky on
Q: My former employer fired me for theft. Now he writes me letter stating that I owe him 14grand and if I pay him back in 3

My former employer wrote me a letter stating that I have 30 days to repay the lump sum of 14000 dollars or he will notify the county attorney's office and proceed with having me put in jail

Timothy Denison
Timothy Denison answered on Feb 13, 2020

Much more information is necessary to make an informed decision. Contact a criminal defense attorney near you who can evaluate the case and help you decide how to proceed.

1 Answer | Asked in Employment Law for California on
Q: I was recently laid off from work I work for the union and i had 20 days of PTO which the company does not want to pay

Also they said I get no severance package when it clearly states it in the contract that we do just wondering what I should do?

Neil Pedersen
Neil Pedersen answered on Feb 12, 2020

You need to raise the severance issue with your union representative. Any promises made in the collective bargaining agreement must be worked out through the union grievance process, not a court of law.

As to the unused PTO, try to get the union to assist you on that as well. Unless there...
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1 Answer | Asked in Employment Law for Texas on
Q: my lead asked if they could record our conversation. I said yes and then without asking I recorded as well

I told my lead/supervisor yes they could record the conversation but I didnt ask if I could in return and I did. Is that illegal.

Carrie Dyer
Carrie Dyer answered on Feb 12, 2020

Texas is a one-party consent state, so as long as you were a party to the conversation that you recorded, it is not illegal. However, your employer may have a policy in place prohibiting employees from recording conversations in the workplace without the consent of all parties.

1 Answer | Asked in Employment Law for Minnesota on
Q: Is it legal for my employer to write me and only me up for something everyone is doing?
Carrie Dyer
Carrie Dyer answered on Feb 12, 2020

It is not per se unlawful for your employer to single you out and discipline you for things others are doing. However, if you are being disciplined for things similarly-situated coworkers are also doing without consequence, and you believe the disparate treatment is due to your membership in a... Read more »

1 Answer | Asked in Contracts and Employment Law for Texas on
Q: My wife was terminated from her position. The company has sent her an NDA, is she under any legal obligation to sign?

She has already signed an NDA when she started at the company. She was fired for accidentally emailing herself a document that contained sensitive company information. They are requesting that she signs this new NDA, but are not offering any incentive to sign.

The only thing I am really... Read more »

Carrie Dyer
Carrie Dyer answered on Feb 12, 2020

Additional details are needed to fully analyze your wife's situation. You should reach out to an employment attorney in Texas and seek a consultation and review of the NDA that your wife's former employer is asking her to sign.

1 Answer | Asked in Employment Discrimination and Employment Law for Minnesota on
Q: I was told by my supervisor that if I have too many FMLA days they will take away the 1 day a week I can work from home

My entire team works from home on Fridays and I was told I would be expected to be in the office if I have too many unplanned FMLA days.

I am on intermittent FMLA for my own serious health condition.

I feel I am being punished for having FMLA

Carrie Dyer
Carrie Dyer answered on Feb 12, 2020

In general, an employer cannot use your need to take intermittent FMLA as a negative factor in making an employment decision. More details are needed to determine whether an FMLA violation has occurred. You should consult with an employment attorney as soon as possible to determine the best... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: I was terminated after 9 months, employer stated I was not qualified. I had to complete presentations & pre-employment

Is this legal? I passed pre-employment skills testing, etc.No warings ( written or verbal), etc. No reviews or 1 on 1 meetings.

Kyle Anderson
Kyle Anderson answered on Feb 12, 2020

Generally speaking, you are working in an "at-will" state which means an employer may terminate you for any reason or no reason at all. Unless the termination was based on your membership in a protected class or you engaging in a protected activity, you likely do not have any recourse. I would file... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Health Care Law for Pennsylvania on
Q: Is a restaurant employer allowed to terminate me after written warnings where I was sick with a contagious illness?

I have worked in a restaurant for the past 4 years. Recently the state of management has gone downhill. As someone who also works in the medical field, I understand I, as an employee, am not allowed to go into work around food with contagious conditions. I provided them two seperate doctors note... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

You should file for unemployement as you were not terminated for cause where you had necessitous and compelling reasons.

1 Answer | Asked in Employment Law for New Hampshire on
Q: If I put on an employment contract the amount of an annual salary, am I obligated to pay that even if the employment

is terminated before the end of the contract?

Kyle Anderson
Kyle Anderson answered on Feb 12, 2020

Depends on how the contract is written. Does the contract set a specific duration of time for which the employee will be employed under the contract? I would reach out to an Employment Lawyer in your state to go over the employment contract you are offering. I recommend having an understanding of... Read more »

1 Answer | Asked in Employment Law for California on
Q: if an employee works 13 days straight are all hrs each day considered OT or(over 8DT)? or 8th day starts new week?

trying to figure out if every day after 7th day starts out as OT hrs and DT over 8 or if a new week starts? my guys worked 13 days in a row 60 hrs 1st wk and 62 2nd. im clear on the over 8 in a day or more than 40 in a wk is OT and over 8 on 7th consecutive day is DT (& over 12 in a day is DT).... Read more »

Neil Pedersen
Neil Pedersen answered on Feb 12, 2020

Overtime is determined by the number of hours you work in a workday, and the number of days you work in a workweek. It is not determined by the number of days in a row that you work, unless you work seven consecutive days in a workweek.

A workweek is a designated seven day period of time....
Read more »

1 Answer | Asked in Employment Law for Georgia on
Q: Hello - I reside in the state of Georgia, and I'm looking for assistance on employment agreements vs. handbooks.

I provided my voluntary resignation on 2/6/20. I received a letter from my former employer today stating that he would not be paying me for the three days PTO I took prior to turning in my resignation - he actually edited the "Handbook" to include that he didn't have too if you didn't provide two... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Feb 12, 2020

Since you are an at-will employee, your initial offer letter is not an employment contract in that it doesn't create enforceable legal rights to benefits like PTO. As for the handbook, employers may change their PTO policies at any time, and the Fair Labor Standards Act does not require that... Read more »

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