if the company prospers. Can the company not pay me my bonus because they had to file for reconstruction of the company in court.
answered on Dec 6, 2017
Thanks for the question. It's not clear what you mean by "reconstruction in court," but if you are referring to a bankruptcy restructuring, the answer is that companies undergoing bankruptcy may have the right to rescind or reject contracts that were entered into before the... View More
He pays me 40 hours on check the rest in cash with no overtime I'm making a 1/3 of what I used too instead of 2/3
answered on Oct 30, 2017
You would have to have proof of the extra payments to show worker's compensation. Of course, there's the possibility of your incriminating yourself, if you weren't paying taxes on the extra money you were receiving.
answered on Oct 26, 2017
No. Unless you signed a severance agreement or other contract with the company, and they agreed to provide you with a reference, there is no requirement that a former employer provide verification of past employment.
I work in the I.T. department and I'm not sure if I should be willing doing these jobs.
answered on Oct 16, 2017
As long as you are getting paid for the time, it is legal. If it becomes a regular occurrence you should probably have a serious talk with your boss, but there's no law saying that you can't be asked to do work outside your job description.
answered on Oct 6, 2017
This is not legal. The National Labor Relations Act (NLRA) states that employees have the right to gather together to discuss the terms and conditions of employment - this includes discussing their wages and salaries. For more information, read my blog post here.... View More
What does that person have to do to get the money of overtime? How does that someone report the business?
answered on Sep 11, 2017
In most cases, yes, unless the individual is a genuine supervisory employee who is paid at least $455 a week, guaranteed, and has a primary duty of supervising others rather than performing manual work. You should speak to a local employment attorney about your options.
i'm a lieutenant in a small police department in south Louisiana. i exposed my police chief of theft and maleficence, he was arrested and also admitted to the theft. he is awaiting his trial but remains police chief until then. at this time, he has taken my police cruiser and has blocked me... View More
answered on Sep 1, 2017
You have rights, relating to wrongful discharge. Contact me, for a referral, if it occurs. He will be gone soon, and may retaliate.
William Head
404-567-5515
A client was on monthly cycle scratched herself when I went to clean she sunk her nails in my skin now I suffer from MRSA. I never had problems before she started scratching now I get infections in my eyes, neck, nose, a culture was done came back as MRSA. I am in medical field and I have missed a... View More
answered on Aug 8, 2017
Contact an attorney who handles workers compensation. Its possible this could also be what is called an occupational disease claim. You may have short term disability at work and want to check that out.
answered on Jul 27, 2017
Yes, however if it deals with a sexual offense or abuse of children - they may not allow him. It's generally in the garrison commander's discretion.
answered on Jun 23, 2017
If they sent to the wrong address, it is on them (unless you failed to update them of the correct address). If they mailed it to the correct address and it was just misdelivered, neither is responsible. Either way they should void that check and send you a new one.
A Payroll Clerk that processes Medical Certifications, Sick Leave, Garnishments, Child Support, Payroll Submissions and Unemployment; would their duties be covered under a Human and Social Services Degree? Aren't these duties considered Human Services?
answered on Apr 23, 2017
It is entirely up to the employer to decide whether a certain degree qualifies you for a job. Except for a few highly specialized exceptions (doctor, lawyer, veterinarian), there are no laws requiring a specific kind of college degree for a position.
I work from 6am to 4:30pm. My employer makes me ride a bus to and from work, which takes approximately 30 minutes going and approximately an hour or two from because of traffic. The bus times in the morning start at 4:30, and the last bus leaves at 5:20. I only get paid for ten hours a day and not... View More
answered on Apr 20, 2017
As a general rule, no. The Portal to Portal Act of 1947 states that travel time prior to the start of the day's work is not paid time. However, there are exceptions - for instance, if you perform any work while on the buses, or perform any work *before* you get on the bus in the morning,... View More
answered on Apr 19, 2017
Yes, any accrued and unused vacation must be paid out. This is the law, even if the employee handbook says otherwise.
The final paycheck should include the vacation pay. It must be paid out by either the next regular payday, or 15 days after termination - whichever comes first.
Do I have any rights against this type of harassment?
answered on Apr 17, 2017
You mean rights against your "customers?" No. Your employer could do a better job of dealing with it but as you are director why not take steps to make sure they know. The ones who aren't going to get it wouldn't get it regardless, and that's part of your job.
answered on Apr 11, 2017
Yes. Louisiana law requires employers to pay out unused vacation at the end of employment. It does not matter whether the employee quits or is terminated - the vacation must be paid.
This post was about a situation that occurred at 5:30 (after school hours) at my niece's dance gym. It had absolutely nothing to do with school. My principal thought it was about her and went to the school board after I told her it wasn't about her and requested a hearing and suspension... View More
answered on Apr 10, 2017
This question depends on many factors, including whether you are a member of a union and what the school board policies are in your parish (I am assuming you are a public school teacher). You should contact a local employment lawyer quickly to act to preserve your job.
answered on Mar 28, 2017
Yes. A company is free to change its vacation policy moving forward at any time - they can even cancel it entirely. However, they may not retroactively change the policy to take away vacation that has already been accrued and earned. Vacation that has already been accrued is considered the same... View More
Payday was feb 15, and I'm now waiting for the check to be mailed to the district manager, and he's supposed to contact me to pick it up. Is this legal?
answered on Mar 28, 2017
Yes, they may either mail it directly to you or arrange to let you pick it up at your normal place of work. However, they must send the check with all wages due and owing by either 15 days after your last day of work, or the first payday after your last day of work. If you still have not received... View More
answered on Mar 28, 2017
I don't completely understand what you mean by 15 day deadline. If you are asking about an employer's duty to pay a paycheck on time, all the employer is required to do is deliver or mail the check to you. Your failure to cash it on time is not the employer's fault.
answered on Mar 28, 2017
Yes - a privately owned company in Louisiana may legally refuse to hire someone because of prior arrests, even if no charges were filed. Some states have "ban the box" laws limiting employees from considering applicants' criminal history and prior arrests. Louisiana is not one of... View More
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.