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Employment Law Questions & Answers
1 Answer | Asked in Criminal Law and Employment Law for Texas on
Q: Can a city employee file charges for disorderly conduct against someone using foul language?

I am an employee for a city in Texas. I have been repeatedly harassed by one of the residents. Today, while taking a walk during one of my breaks, the resident pulled up next to me, slowed down, and started shouting swears at me. I know that Police Officers cannot be "offended" by foul... View More

Madolyn García Falone
Madolyn García Falone
answered on Aug 29, 2024

Other citizens aren’t pressing charges, only DA’s offices can do that. And while it’s annoying to deal with someone shouting curse words at you, it’s harder to establish whether that’s actually illegal conduct. You can report that behavior to the police and let them know that it’s... View More

1 Answer | Asked in Employment Law and Landlord - Tenant for Missouri on
Q: Can I stop this garnishment or am I stuck paying this even though I do not owe it.

2018 I was evicted from my rental property cause I let my brother move In with me and he got the cops called on him one evening landlord found out about it. I never was late on rent and this and landlord was not right he wanted to negotiate rent with me often you know what I mean but I handle him... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 29, 2024

What matters is not whether you believe you owed the money related to the alleged debt for which you were sued. What matters is if you were properly served with the summons, the amount of the judgment, the calculation of post-judgment interest. If service of the summons was improper you may file... View More

1 Answer | Asked in Employment Law for Texas on
Q: Can I sue my employer?

I work in a hotel as housekeeper, I requested vacation in May for 30 days to go overseas to resolve a legal matter. One week before my departure I was told that the vacation won't be approved and I will be terminated if I go for the time I requested as will be considered no show. They said to... View More

John Michael Frick
John Michael Frick
answered on Aug 28, 2024

Your question does not state any grounds for a cause of action against your employer. If you had a written employment agreement governing vacation days, there may be a claim, but you did not state that in your question and it is not common for hotel housekeepers to have written employment... View More

1 Answer | Asked in Employment Law for Texas on
Q: Everyone treated me differently after I accepted my transfer offer. Is this retaliation?

I’m in a shift lead role. I recently got approved for a site transfer for October. This morning I was trying to staff the associates then was told by a higher ranked supervisor to step aside and let someone else do it. I was taken off my shift lead role for today and was placed on a station... View More

John Michael Frick
John Michael Frick
answered on Aug 21, 2024

Employment retaliation is when an employer takes adverse action against an employee for engaging in protected activity. Protected activities include making a complaint to a governmental body, participating in workplace investigations, or opposing discrimination.

Adverse actions are actions...
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2 Answers | Asked in Employment Law for California on
Q: does a business with 1 salaried exempt employee have to pay a certain wage.

small business in California, 1 employee total.

Steven M. Chanley
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answered on Aug 31, 2024

California’s wage-hour laws, including those regarding minimum wages and overtime pay, apply to all employers, regardless of size.

The general rule under the law is that every employee is presumptively entitled to the benefits of the minimum wage and overtime laws. The employer,...
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1 Answer | Asked in Employment Law for Nevada on
Q: Shift starts at 10 but my boss wants me to come in at 9:30 - is this legal if they don't pay me?

I'm a receptionist at a massage place - I get paid $15/hr for 10 hours/day on weekends. My boss asked me to come in early at 9:30 but mentioned no additional pay - is this legal? They do give me bonuses at the end of the day based on how many people I check in but the bonus money isn't... View More

Leonard Stone
Leonard Stone
answered on Aug 15, 2024

This situation is not a workers' compensation matter but rather an employment law issue. Under Nevada law and federal labor standards, you must be compensated for all hours worked, including any additional time beyond your scheduled shift. If your employer asks you to come in early and work an... View More

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Hello, I work at a cafe and I have some questions regarding my workplace.

First of all, I did not receive proper training at this place. The manager was off to a vacation for 2 weeks and the owner maybe had 5 minutes training with me. So, I just asked my fellow employees to teach me. Second, for some reason the owner started to show different attitudes toward me. She... View More

Neil Pedersen
Neil Pedersen
answered on Sep 9, 2024

First, your employer has no legal duty to train you unless the training has to do with dangerous conditions in the workplace as required by OSHA. If the issue is how to do your job, your employer can simply leave you untrained, and then discipline or terminate you for any reason or even no reason... View More

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Can my supervisor do this?

My sibling and I work at the same company. Whenever my supervisor can't get in touch with them, they reach out to me to speak to my sibling. They even go as far as talking about my sibling's disciplinary actions with me. My sibling and I work in different departments and are essentially... View More

Neil Pedersen
Neil Pedersen
answered on Sep 9, 2024

There is no law that prohibits your supervisor from speaking to your sibling about things other than inherently private information, like heath issues. Discipline is not inherently private and can be discussed amount management and employees. Please beware, the other answer provided was... View More

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2 Answers | Asked in Employment Law for California on
Q: In a 10 hour day, 5 hrs were sick leave, 5 were normal pay, and 15 mins were OT. Can they deny my OT and lessen my SL?

In a normal 10 hour workday, 5 hours were sick leave, 5 were normal pay, and I ended up working 15 minutes OT. My timesheet reflected that. Boss says since I used sick leave, I couldn't claim the OT and had to lessen my SL use for the day to 4.75 hours, and then have 5.25 hours or normal pay.... View More

Neil Pedersen
Neil Pedersen
answered on Sep 6, 2024

You are only entitled to OT when you actually work more than 8 hours in a day. If less than 8 hours are worked, you have no right to OT, even if your total hours exceed 8 hours when you add on sick pay. The other response you have received that suggests to the contrary is AI generated and is wrong.... View More

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1 Answer | Asked in Civil Litigation and Employment Law for New York on
Q: I was recently put on a very questionable performance improvement plan. Is this confidential? Manger showed my team.

He showed spreadsheets during online meetings to my entire team twice that showed I was on a Performance Improvement Plan and now people in other areas of the company several states away whom I have never even met are aware of this and it has gotten back to me. Do I have a case or any recourse?

Tim Akpinar
Tim Akpinar
answered on Aug 11, 2024

I'm sorry this happened to you. Most sensible people would find this humiliating and demoralizing, notwithstanding what the law or your team situation legitimizes in terms of sharing such information. Speak with employment attorneys - they are knowledgeable in this area. Your question was... View More

2 Answers | Asked in Civil Rights, Employment Law and Employment Discrimination for California on
Q: Can a manager say you cant transcribe 1 on 1 meetings even though, they know it is used for your disability?

I have PTSD disability that can cause me to have brain fog now and then so at times during work meetings regarding my professional development and my work ethic, I turn on Transcriptions so that I can better follow along with their words which will help me also better understand and retain the... View More

Neil Pedersen
Neil Pedersen
answered on Sep 4, 2024

To protect yourself, get a doctor note that discusses your restrictions and the accommodation of using transcription to address that restriction. Give that note to your employer. That note will trigger a legal obligation to work with you to find a way to make it possible for you to do the... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Employer fired me after i filled a lawsuit against them.

After i filled the lawsuit the retaliation begin to happen from my boss then i reported it to HR and a few weeks later i was fired. The lawsuit was closed and the verdict was that i was permanently disabled i had requested to be on leave and was denied . What can i do

Steven M. Chanley
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answered on Sep 1, 2024

Your best option is to contact your nearest County Bar Association and ask for a referral to a competent employment law plaintiffs' attorney. Your situation will require that an attorney meet with you to gather and analyze all of the relevant facts and documentary evidence available before... View More

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2 Answers | Asked in Employment Law for California on
Q: Would the non-compete still apply to a wrongfully dismissed employee?
Steven M. Chanley
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answered on Sep 1, 2024

Traditional “non competes” are agreements that purport to restrain an employee from working for a competitor, from soliciting customers, from soliciting former co-workers for employment, or from engaging in otherwise lawful conduct that a business may consider competitive and therefore harmful... View More

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2 Answers | Asked in Employment Law for California on
Q: Should I cash a check my employer sent that wasn’t for the amount of the actual wage claim settlement they signed?

My old employer agreed to settle and instead of receiving a settlement check I received a payroll check instead for way less than agreed upon

Neil Pedersen
Neil Pedersen
answered on Aug 28, 2024

Keep in mind that you need to look at the gross amount of the check, not the net amount after tax deductions are made. It is the gross amount that determines if you have been paid appropriately. Generally cashing a check does not mean you are in agreement with the amount of the check unless there... View More

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2 Answers | Asked in Employment Law for California on
Q: How can i look for a lawsuit against prior company?

I recieved a notice that a business i wored for is being sued. but not heard anything back in almost a year. J lost the notice

Neil Pedersen
Neil Pedersen
answered on Aug 28, 2024

If you know which courthouse the lawsuit was filed in, you can look online into the Register of Actions for the courthouse to find the case using the name of the defendant as your starting point. Also, certain paid database searches can allow you to find the case by searching on the name of the... View More

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1 Answer | Asked in Employment Law for Florida on
Q: I am on long-term disability through my employer. The company that manages the benefits is UNUM.

I am trying to understand if UNUM has the power to interpret the terms of the policy freely. Specifically, if a glossary term is defined in the policy, do they have the power to interpret that term how they want to determine eligibility.

The policy certificate states the the benefits are... View More

Tim Akpinar
Tim Akpinar
answered on Aug 2, 2024

An attorney who has experience with ERISA plans could probably advise you best here, but your question remains open for two weeks. As a general matter in insurance practice, the underwriters and claims departments do have the power to interpret the terms of a policy, as do attorneys who represent... View More

1 Answer | Asked in Employment Law for Texas on
Q: HR wants me to sign a document stating I have “certain actions that violated my employer code of conduct I don’t agree

HR wants me to sign a document ( in order to continue to work with them) stating I had “certain actions that violated my employer code of conduct and employment agreement and take a coaching course. The actions are result of retaliation from another employee after I reported a verbal attack... View More

John Michael Frick
John Michael Frick
answered on Aug 2, 2024

If you refuse to sign it and your employer fires you, you will have an argument with the TWC as to whether your were fired "for cause." Your position would be that you refused to sign it because it isn't true.

On the other hand, if you sign it and your employer fires you,...
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1 Answer | Asked in Employment Law for Texas on
Q: Can a boss suddenly flip and change from hybrid to in person position. Also force international travel.

This is in Texas an at will work state. Things were fine for 3 years. Moved to Texas for work. Recently there was a 5 day mandate to work in office. They want me to drive 1.5 hours every day to be there for half a day at least in office. They are also forcing international travel on us. I can... View More

John Michael Frick
John Michael Frick
answered on Aug 1, 2024

Because you are an at will employee, your boss cannot force you to change from a hybrid to an in-person position. All he can do is ask. If an agreement is not reached on whether moving forward you will be working hybrid or in-person, either you or your employer can terminate your employment... View More

1 Answer | Asked in Employment Law for Michigan on
Q: I would like to view my personnel file after termination. How can I ask for this?
Brent T. Geers
Brent T. Geers
answered on Jul 30, 2024

You could probably just ask. Now that you've been terminated, there's no telling how quick someone may be to respond to your inquiry, but that would be the first place to start. If you are / were a union member, you could discuss with your union representative.

1 Answer | Asked in Contracts, Civil Litigation and Employment Law for Texas on
Q: Can an employer force an employee to sign a document that gives the employer the right to not pay any commission due?

I am a sales rep and my employer is requiring us to sign a paper stating that any commissions earned from prior month will not be paid out if employee quits or gets fired for any reason the proceeding month. It is my opinion that any sales made in prior month where the company made money the... View More

John Michael Frick
John Michael Frick
answered on Jul 29, 2024

No an employer cannot force an employee to sign such a document. However, if the employment relationship is at-will, there is no legal obligation on either party to continue the employment relationship if an agreement on this point is not reached.

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