I’d be happy to answer your question, but I’m not sure what it is. Maybe you would benefit from re-writing it and being more specific to what your question is.

Regina Irene Edwards Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 18, 2021

You need to speak to an attorney to get specific advice about a case in progress. This forum is best for general questions.

It depends. Both Georgia and Pennsylvania courts will enforce valid restrictive covenants. Generally, to be enforceable, non-compete agreements must be reasonable as to time, geography, and activities restricted. In addition, courts are generally more tolerant of broad restrictions in a non-compete... View More

Unfortunately I do not believe there is any criminal conduct since the relationship began when your son was 16. I do share your concern and it would likely be best for him to leave that situation.

Hello, more information is needed here. Why did they pay you according to one method and then another the next time? You should be paid at least the minimum wage for all hours worked. I would reach out to an employment lawyer in your state for a consultation if this is not the case.

They may not be able to. It sounds like they are saying he needs to be "100% healed" to return to work. This may be a violation of the ADA. I would reach out to an employment law attorney in your state for a consultation and to discuss options.

While your situation seems unfair, there is nothing inherently unlawful about this. Since you live in an at-will employment state, that means you can be fired for any reason or no reason at all (as long as the reason isn't discriminatory).

If your boss fires you, demotes you in either pay or job responsibilities, or refuses to allow you to return to work following a medical leave, then you may have a claim for pregnancy discrimination under Title VII of the Civil Rights Act of 1964. The close time proximity between notifying your... View More

While your employer's conduct in demoting you is not unlawful in and of itself, you'll want to consider why your employer has chosen to do this. Do you think they had any kind of discriminatory motive for demoting you (i.e. based on your race, sex, age, disability, or religion?) If so,... View More

The term settlement is generally not used in criminal law. If by settlement you mean plea agreement, then you would have a criminal conviction which I expect your potential employer would consider before hiring you.

Your criminal record is composed of both (1) arrests and (2)... View More

Yes, the company can furlough you. However, yes, you should apply for unemployment benefits.

This is always an interesting question: Does the employer exercise so much control over an individual that the individual must, legally, be an employee. This is a very fact-specific and detailed inquiry. Make an appointment with a local employment attorney to discuss. You may be able to recover... View More

It depends where they told you that you would get these amounts. You may have a breach of contract suit. They cant really dodge your e-mails, can they? Other e-mails are answered from the same addresses? You work there?

So you have a record of asking for your funds. This might support... View More

Yes, it is within the employer's rights to do so in Georgia.

Depending on the circumstances, you may have a claim for disability discrimination and/or failure to accommodate under the Americans with Disabilities Act. The ADA protects qualified individuals with disabilities from discrimination such as termination based on a disability. However, COVID-19 may... View More

The Fair Labor Standards Act only requires that employees be paid at least minimum wage for each hour worked. However, if your employer has admitted it has made a mistake here, it may be worth it to request the issue be fixed in writing, both to your supervisor and to your HR department.

T. Andrew Miller Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 26, 2020

Hire a workers comp lawyer to represent you. Based on the facts provided, it sounds like you should be covered.

The policy you've described above is unlawful under the Fair Labor Standards Act (FLSA). While employers need not pay you for breaks lasting 30 minutes or more, if your break is cut short, you must be paid for time you are performing work. In your situation, the 30 minutes you receive for... View More

No, it is not against the law for your employer to require masks. If you have a medical issue that is causing you to get nosebleeds or you have some other medical reason that makes wearing a mask difficult for you, you should work with you doctor to submit an accommodation request to your... View More

If you want to know what has been revealed you should run a copy of your own criminal history with a law enforcement agency for employment purposes and see what shows up. Often times there are errors when the records are input into the system.