Get free answers to your Employment Law legal questions from lawyers in your area.
My now ex wife worked with me in my business. She ended up having an affair with one of our employees. During her deposition she did not admit to a relationship with the employee but as soon as our divorce was final he moved in and made it public through social media. She has posted damaging... View More 
answered on Jun 14, 2020
As counsel has already stated if she's making defamatory statements about your business that is an issue outside your divorce. However, I do think there are issues you could address in your divorce on other matters. First, would be a potential modification if you are unable to make payments... View More
i broke my middle toe moving some PT lumber by hand, happened the 26th, nothing was done at work, 27th too much pain, smoked recreational marijuana for pain, 28th woke up with toe black, went to work to show them i was going to ER, now they want statement and drug test, 36 hours after, its now 3rd... View More
answered on Jun 3, 2020
It is not clear from your question if you have already been to an Emergency Room. If not, then you should go. If you have and they want you to see an orthopedic or podiatrist then you should call one and try to make an appointment. It is very difficult to see anyone now with the virus issues. They... View More
I'm a service tech for a franchisee of Panera Bread and Wendy's. I worked there for 18 years. 2 mos ago my boss announced his retirement and his supervisor chose me to take his place (email proof). Right before my supervisors retirement date his boss quit. Someone from another department... View More
answered on May 20, 2020
You may have a claim for gender discrimination under Title VII and state law, but more information is needed to fully evaluate your situation. You should contact an employment attorney in your area as soon as possible to discuss your options.
Work will not allow me to work from home. I need help understanding my options and the best way to proceed but getting this information from work has been exceedingly difficult. I recently requested to start paperwork for short-term disability. This paperwork was provided along with the suggestion... View More
answered on Apr 1, 2020
I would recommend reaching out to an employment attorney in your state for a consultation. More information is needed on your medical condition to determine if it qualifies as a disability under the ADA. If it does, you might try to request a reasonable accommodation of working from home. Looking... View More
Tell me I legally can't have a job
answered on Mar 6, 2020
A court or a panel could make a determination that a person is disabled (and hence, unable to work), based on the findings of an examining physician, and that benefits they are slated to receive reflect the fact that they are cannot work. As such, not working would be a condition for benefits. Your... View More
In my personal vehicle. Is the driving time considered on the clock time because without the equipment I carry, the job can not be done
answered on Jan 8, 2020
It depends. If you drive from your home to your employer's office or warehouse to pick up the specialized equipment (without which you cannot perform your job duties), then drive to the work site from there, the Fair Labor Standards Act typically requires that you are paid for time spent... View More
As part of the job I was required to get a medical evaluation before starting, it involved me disclosing any medical conditions I have and some blood work. My blood work came back great, but I have a herniated lumbar disc. Can a job take back their offer, even though I had already signed everything... View More
answered on Jul 22, 2019
In addition to certain federal agencies that may be able to help you, every state has its own set of employment laws, some of which may cover your particular situation. Contact an employment lawyer near you.
I am an hourly employee. The contract was an "Updated" contract, mid employment. I am a Technician not paid to engineer or invent. Now they want to patent my idea.
answered on May 1, 2019
If you sign the new contract your employer will probably have the legal right to seek a patent on your idea; and the consideration will be your continued employment, which they may try to make "at will."
answered on Apr 24, 2019
Yes. Stop wasting time asking silly questions here on Justia.
Meantime, study hard, make really good grades, get an undergraduate degree that will be there to fall back on if you flame out, apply to as many law schools as you can afford to, if several schools accept you, select the one... View More
answered on Apr 19, 2019
No one here on Justia can help you unless you tell us all the relevant facts about your situation.
I feel my supervisor and director did not treat me fairly and consistent like other employees in the department. My employment terminated due to my writing. I obtained writing memos and documents from co-workers to explain my case. I have done some research and found there have only been two male... View More
answered on Jan 22, 2019
It's illegal to discriminate based on gender, but I'm not sure I hear evidence relating to that in your question. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more... View More
Fiancé only signed one contract with planner for 28k where her commission would be 20% of that agreed amount per contract. Though through out the weeks planner only pushed ideas she saw fit and not what we specified when we initially met her. Fiancé ended up locating a venue which is the majority... View More
answered on Jan 22, 2019
You might have a basis for contesting her fees, e.g., breach of contract by failure to perform her agreed duties. It's key to review the contract and all the related facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More
I am leaving my company as a marketing manager after 6 years for personal reasons, but will continue on an independent contractor under my newly formed LLC for the next 6 months. The contract I'm reviewing has non-solicitation language that I want to make sure does not tie my hands beyond the... View More
answered on Jan 22, 2019
Employees cannot violate the Intellectual Property rights of the company, including using any company client lists in their own professional pursuits. As for limitations on the non-compete clause, that depends on the facts, e.g., when it was signed, consideration received in exchange, time/... View More
I am a third year university student in the Nursing program, with one year left of school (not including the current semester). My tuition is roughly $50,000/year, and my family does not have the ability to take out large loans. My father was working for 26 years when he was suddenly laid off from... View More
answered on Jan 22, 2019
Perhaps your father might have a basis for an employment law complaint, but that really depends on the facts leading to his termination. Also it would be useful to know when your remission was cut off - mid year or after the full year, as well as the contractual terms of the remission benefits.... View More
Sean O'brien The president of Local Union 25 told me and 40 of my coworkers that if we can not agree to the contract then we as a union could drop you. Then what will you do for work after?
Also Signature Flight Support sent me a letter stating as you know Teamster Local 25 has no more... View More
answered on Jan 9, 2019
Have a lawyer review the contract you originally signed with the union to represent you, along with the context and communications re: the current contract to determine your rights and duties. More details are necessary to provide a professional analysis of your issue. The best first step is an... View More
I am currently on H1B status which is valid till 04/07/2019 but was thinking of taking a break from job and change status to H4. If I want start a new job again after the break do I need to find one before my current H1B end date of 04/07/2019 i.e. should the new employer file for my H1B transfer... View More
answered on May 28, 2018
If your spouse is in H-1B status, and you wish to stop working, you can apply to change your status to H-4. As long as you maintain your H-4 status, whenever you find another employer, you can change your status back to H-1B.
Good luck!
Carl Shusterman
www.shusterman.com
My spouse has an approved I140 immigration petition from his previous employer. His new employer has yet to begin the green card process which is probably sometime this year. Am I eligible to get an H4-EAD with his approved I140 immigration petition from previous employer? And is it feasible to go... View More
answered on May 28, 2018
Since your spouse is in H-1B status and has an approved I-140, you probably are eligible for an EAD as an H-4 visa holder. The Trump Administration is considering stopping H-4 visa holders from obtaining EADs. It would be a smart idea to apply before they do so.
Good luck!
Carl... View More
My H1B is already transferred by company A. Under these circumstances what should I do, as the offer from company B would be excellent for my career?
answered on May 4, 2018
You can have Company B submit an H-1B petition requesting a change of employers after you work for Company A for a short time.
I do not agree with a single part of the settlement agreement and I do not want to lose my rights to sue. Can my employer terminate me if I refuse to accept and sign the release of claims.
answered on Mar 24, 2018
Is your employer asking you to do this as part of a settlement of your claim? If so, then it is up to you whether or not the settlement is worth signing the release and withdrawing your claim.
I asked for a copy of the policy I broke and I was denied. I feel this is wrongful termination. How can I prove it. We don't have union so I'm on my own. Can anyone help?
answered on Mar 16, 2018
Unless there is a specific provision at your employer that limits the grounds for termination, you are considered an employee at will and can be terminated for any reason or no reason. I strongly suggest you contact an employment attorney who litigates and meet with her/him to determine what... View More
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