Get free answers to your Employment Law legal questions from lawyers in your area.
I worked in a call center and got fired on the 18th from background noise , i asked can i hear the call and they stated it would be emailed to me but never was and i never received a separation letter from the job as well
answered on Jun 29, 2021
Florida is an at-will employment state, meaning the employee or the employer can terminate the employment relationship at any time and for any reason. Thus, your employer is not required to give you a reason for your termination or notification of your termination via a separation letter. However,... View More 
There’s ways to get around Workers Comp. If you can prove your case. Are you able to pursue a regular lawsuit instead of settling for worker’s compensation if the driver of the vehicle drug test came back positive for cocaine?
answered on Jun 28, 2021
For purposes of this answer I am assuming that the driver that tested positive for cocaine was a coworker for the same company that you are employed with. In some instances you may be able to get around worker compensation immunity if the cocaine use caused the accident. If you did not actively... View More
I received a company letterhead, dated June 28th, that I would receive a pay-cut on July 28th. Surprise to me, the pay-cut had started today, despite the letterhead officially stating July 28th. Is there anything I can do about this?
answered on Jun 28, 2021
Sounds like a mistake to me. And since today is June 28, it appears the letter should have told you today is the day.
I was required by my job to get an A.D.A. a few years ago and an update last year. I was contacted by HR and advised that they have lost my documenton possibly when transferring and are requesting I provide the information for a 3rd time. They have no idea what happened. Not advised it was a... View More
answered on May 31, 2021
Stop asking lawyers what to do and spend your time getting copies of your paperwork--and make copies this time.
The company had made a policy regarding PTO. They do no pay it out if you leave or you’re fired. I had left (five weeks ago now) for what I thought was a better job opportunity, however it is not and I am looking to get reinstated by my former employer. There’s nothing in their policies... View More
answered on May 24, 2021
Experienced lawyer speaking:
Lawyers are very intelligent and highly trained professionals--but we are not soothsayers; nor do we do crystal balls.
Therefore, I am tightly constrained by a fundamental law of the universe (no one can foretell the future) and unable to opine on your... View More
Saying all employees need a vax or they will be terminated.
answered on May 18, 2021
Somehow, you directed this inquiry to Florida attorneys. Start over and direct it to NY attorneys.
answered on May 11, 2021
In order to constitute retaliation, a complaint of discrimination must result in what's called an "adverse employment action." This is a legally defined term and includes such actions as termination, demotion, a cut in pay, or a transfer to a less favorable job. However, disciplinary... View More
My manager wrote a counseling statement on me shortly after I accused him of singling me out due to my age.
answered on May 9, 2021
Both federal and state law prohibit an employer from retaliating against an employee for objecting to unlawful age discrimination. There a number of factual issues that would need to be addressed before anyone could provide "advice" on this matter.
I let my employers know days before that the mix lid was broken they did nothing about it today the lid fell and crash my hand. Tho the injury is not to bad. But I fell like I shouldn't of been made to use it. Is there any thing I can do about it?
A Writ of Garnishment of wages was dismissed 01/04/2021 and info was sent to my employer 01/04/2021. On 04/05/21 , a Writ of Garnishment was delivered to my employer for the same dissolved case and my employer has garnished my wages. My employer is refusing to cease the garnishment of my wages... View More
answered on Apr 30, 2021
You cannot get rid of the new writ by complaining about it to your employer. They MUST obey a judicial order, and will not listen to your lamentations. The only way to stop the new writ is to stop it in the court.
Was asked by employer to work during furlough
What's told I would be paid cash because of Furlough
I tried for 6 months to Get paid for that time
7 months later they took away vacation time that I had already taken and been paid for and replaced with the hours... View More
answered on Apr 22, 2021
Yes. But your previous employer had best be careful or else face a defamation suit.
answered on Apr 20, 2021
Yes, your employer doesn't need any reason to not hire you.
M.D.Florida I hired an attorney on contingency but he dumped my case a year into it so am left to recover my wages on my own. The other side filed a motion to dismiss and asked to stay discovery, pretrial events, and filing an answer pending a ruling on the motion. That was almost 3 months ago... View More
answered on Apr 7, 2021
When you need some type of relief for any situation arising during the proceedings, you first, in writing, seek agreement from opposing counsel, and if you don't amicably resolve the issue, you file a motion asking the Court to order the relief you seek. However, you would be very foolish to... View More
I am working for the company that has maternity leave benefit. But when I requested maternity leave, they denied it and told me that I am actually working for different entity, and that entity doesn't have this benefit. I checked my W2 form and in there name of the company that has maternity... View More
answered on Apr 6, 2021
You can try pointing out the discrepancy in company names to HR; it's possible they just made a mistake when denying your application. If they still deny your claim, you can apply for FMLA leave to use for the birth of your child and recovery period if you have worked for your company at least... View More
Defendant filed a mtd 3 months ago in which he requested a stay on discovery and all pretrial events pending a ruling on the motion. Since a pending mtd does not create an automatic stay, nor does a pending request for one, I have attempted to schedule a CM meeting but opposing counsel refuses to... View More
answered on Mar 31, 2021
If as you say you are in a federal district court you need to know that federal court judges can decide motions without conducting a hearing-like they have to do in state courts.
So IMO, the most probable reason why there has been no action taken on the opponent's motion to stay is... View More
I was not notified of this practice beforehand, and had to bring it up to my employer once I noticed the tips being deducted without my consent.
answered on Mar 28, 2021
The short answer is "Yes." And so is the longer answer. Why?
Because Florida is an “at will” state, which means private employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any time, i.e., “at will.” The... View More
Hi. I applied for US Permanent Resident in October 2019 and I received the card in April 2020. I am a relative of a US citizen. If someone wants to pay me for a voluntary work i did in January 2020, will that be considered illegal? what are the exceptions USCIS provides? Thanks
answered on Mar 18, 2021
The question poses two issues: unpaid wages by an employer (regardless of immigration status), which I won't discuss, and the impact of work without authorization on a family-based petition. I will assume that you were granted lawful permanent resident status through marriage to a US citizen... View More
I have requested a new social security card and my job is aware of this but they won’t wait until I receive it. SSA.gov said that their other way employers can verify my identity without seeing my social security card. Can they lawfully fire me for this ?
answered on Mar 13, 2021
Yes, they can fire you for any number of reasons. Try to figure out how to become so important to your employer that they don't want to fire you.
answered on Mar 10, 2021
This will depend on what your job is. The Fair Labor Standards Act is the federal law governing payment of wages, and it generally requires employees to be paid overtime for all hours worked over 40 in a workweek. However, there are exceptions for employees paid on a salary basis (i.e. you receive... View More
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