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Iowa Employment Law Questions & Answers

1 Answer | Asked in Employment Law for Iowa on

Q: I have appealed a denial of unemployment benefits, this goes to an ALJ.

Is the former employer required to send me a list of the charges they used in the initial hearing which resulted in the denial ? I was not aware of the information they used against me at this telephone hearing. I will be 65 in April. I showed up to work and was told I was terminated. Eventually... Read more »

Harley C. Erbe answered on Jan 24, 2018

You could consider submitting interrogatories and document requests to the employer seeking the information you desire. Those are allowed under the administrative rules that govern contested unemployment benefits appeals. You could also review the administrative rules to determine how you can... Read more »

1 Answer | Asked in Workers' Compensation and Employment Law for Iowa on

Q: I've been terminated from the postal service on September 19th, 2016 because of my injury on the job.

I was injuried on July 11th, 2016 while delivering mail. I lost my footing & went to catch myself with my right hand and it slipped and my right arm/hand went above my head and I landed on my chest at the same time. I felt my right shoulder pop and I heard it pop when I landed on it. I'm on... Read more »

Stephen Douglas Lombardi answered on Nov 21, 2017

I see no Iowa lawyer has answered your question. That's not surprising since federal law makes it very difficult for lawyers to get paid except on an hourly fee basis. Contingent fees are not allowed and all fees have to be approved, which from a time-management standpoint makes this unfeasible. We... Read more »

1 Answer | Asked in Personal Injury, Employment Law and Workers' Compensation for Iowa on

Q: Minor injured at work

My brother, a minor, was injured at work and had to receive stitches. No problem there, but the employers didn't inform any of his family and released him into the care of another minor (unrelated) rather than attempting to call us or EMS. Were they allowed to release a minor into the care of... Read more »

Stephen Douglas Lombardi answered on Oct 4, 2017

Hmmmm.... Interesting question. I would love to know in which industry he was working. Probably a restaurant. No matter. The kid has a workers' compensation claim; I think you know this. But your question goes to notice to the family and if there is a duty to the family, which was breached, and... Read more »

1 Answer | Asked in Employment Law for Iowa on

Q: Was just fired from a job for a having back problems. Dr requested I be put on light duty for 2 weeks. Was then fired

Was told I am a liability, and was being fired. This issues has only been a problem for a few weeks. Back just started getting bad from working and needed to be light duty for 2 weeks while attending the pain clinic to find a solution. Was I rightfully fired?

Harley C. Erbe answered on Sep 15, 2017

The answer will depend upon the specific factual circumstances of your situation. You should schedule a meeting with an employment law attorney.

1 Answer | Asked in Employment Law for Iowa on

Q: Is a business in Iowa obligated to pay out accrued PTO if an employee leaves the company?

I have taken another job through a different employer. My current employer is refusing to pay out my accrued vacation time. Is this legal?

Harley C. Erbe answered on Jul 10, 2017

It depends on a few variables. My website includes several articles about PTO payouts upon termination. They might help you decide whether your employer's acting legally.

1 Answer | Asked in Employment Law and Employment Discrimination for Iowa on

Q: I am a truck driver for a small company. I am also 13 weeks pregnant.

My boss has recently pulled me from my normal route due to having to make restroom breaks, he had told me I would pull a different trailer but the past couple days has not "had" work for me to do. Is this considered pregnancy discrimination?

Harley C. Erbe answered on Jan 17, 2017

Possibly. More details regarding the employer's basis for both actions would be required to evaluate your situation. If the employer admits that those reasons had anything to do with your pregnancy, the next question is whether the employer was justified in taking the pregnancy-related action.... Read more »

1 Answer | Asked in Employment Law for Iowa on

Q: Does my employer have to pay commissions after I resign?

My position was 100% commission and I have open sales I haven't been paid.

Harley C. Erbe answered on Aug 8, 2016

Possibly. Commission arrangements can be very tricky when it comes to post-termination payments. More detail would be needed to fully evaluate your situation. You should contact an employment law attorney for a more in-depth discussion.

1 Answer | Asked in Employment Law, Employment Discrimination, Federal Crimes and Sexual Harassment for Iowa on

Q: I have been sexually harassed by my boss, I went above her head and told her boss about it and nothing was done.

Her boss wrote me a check and asked me if the issue would be dropped. Her boss also said they would have a meeting with her and get her to stop saying the nasty comments and touching me and she still does both. I feel unsafe and uncomfortable going to work. What else should I do? This is a seasonal... Read more »

Harley C. Erbe answered on Aug 8, 2016

Since you put the employer on notice of this conduct, yet the conduct's continued, you may have a claim for sexual harassment/hostile work environment against the employer for allowing the harassment to continue after you complained. That claim would be started through your local human rights... Read more »

1 Answer | Asked in Employment Law for Iowa on

Q: Is it legal for a company to say you that you can only work 13.5 hours a day & only pay that but it 17.5 hours?

Mr. Michael O. Stevens answered on Jun 9, 2016

If you work 17.5 hours, you have to be paid for that. However, if you are told to only work 13.5 and you are working 17.5, then that could be a problem for you as you are not following your employer's instructions.

1 Answer | Asked in Business Law and Employment Law for Iowa on

Q: Can H1B visa holder partner with other to form LLC or C-corp and be passive owner?

I am on h1B. I am planning to open a C-Corp with a friend (XXXXX) who has Citizenship. How do I legalize our partnership and can it be 50%/ 50% basis?

How do we deposit initial capital? Will it be a direct deposit? Can I take a loan to invest in the C-Corp?

How do I get my share?... Read more »

Adam Studnicki answered on Aug 28, 2015

You may want to post under immigration.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is...
Read more »

1 Answer | Asked in Employment Law for Iowa on

Q: Reimbursement of Attorney Fees - Wrongful Termination

I was terminated from a state position in Glenwood, Iowa. I filled grievance, case went to meditation and on to a hearing. The judge awarded reinstatement, backpay, etc. My question is can I also recover what I paid the Attorney?

Charles Snyderman answered on Jul 24, 2014

This is a question for your attorney. However, if your attorney thought that you could be reimbursed for attorney's fees, he would have requested it.

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