Iowa Employment Law Questions & Answers

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

1 Answer | Asked in Employment Law for Iowa on
Answered on Jan 24, 2018
Harley C. Erbe's answer
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 compel the participation of any current employees that you wish to use as a witness. If you aren't able to retain a lawyer, the staff at Iowa Workforce Development's Unemployment Insurance Appeals...

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

1 Answer | Asked in Workers' Compensation and Employment Law for Iowa on
Answered on Nov 21, 2017
Stephen Douglas Lombardi's answer
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 are not in business to lose money and that's too bad because it dissuades lawyers from getting involved, which is why no on has answered your question. Lawyers will not spend the time to learn what...

Q: Minor injured at work

1 Answer | Asked in Personal Injury, Employment Law and Workers' Compensation for Iowa on
Answered on Oct 4, 2017
Stephen Douglas Lombardi's answer
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 then are there damages that flow from the failure to give notice. And I would say, probably-maybe-who knows, as to the notice, but no as to the damages issue. And if the answer to the damage issue is a...

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

1 Answer | Asked in Employment Law for Iowa on
Answered on Sep 15, 2017
Harley C. Erbe's answer
The answer will depend upon the specific factual circumstances of your situation. You should schedule a meeting with an employment law attorney.

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

1 Answer | Asked in Employment Law for Iowa on
Answered on Jul 10, 2017
Harley C. Erbe's answer
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.

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

1 Answer | Asked in Employment Law and Employment Discrimination for Iowa on
Answered on Jan 17, 2017
Harley C. Erbe's answer
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. Not all actions taken because of an employee's pregnancy are illegal.

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

1 Answer | Asked in Employment Law for Iowa on
Answered on Aug 8, 2016
Harley C. Erbe's answer
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.

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

1 Answer | Asked in Employment Law, Employment Discrimination, Federal Crimes and Sexual Harassment for Iowa on
Answered on Aug 8, 2016
Harley C. Erbe's answer
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 agency, the Iowa Civil Rights Commission, or the Equal Employment Opportunity Commission. You may want to speak with an employment lawyer about assisting you with that.

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?

1 Answer | Asked in Employment Law for Iowa on
Answered on Jun 9, 2016
Mr. Michael O. Stevens' answer
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.

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

1 Answer | Asked in Business Law and Employment Law for Iowa on
Answered on Aug 28, 2015
Adam Studnicki's answer
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 impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice...

Q: Reimbursement of Attorney Fees - Wrongful Termination

1 Answer | Asked in Employment Law for Iowa on
Answered on Jul 24, 2014
Charles Snyderman's answer
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.