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
answered on Mar 16, 2018
It depends if your ownership has vested or not and the reason for the termination. Absent a provision that calls for forfeiture of vested stock for specific reasons, any stock you have that has been vested will be retained. Any non-vested stock will be forfeited.
If the employee is terminated, let go or the company closes, are employers required to pay them for their accumulated PTO/ETO?
answered on Mar 12, 2018
Any accrued vacation pay is required to be paid. Accumulated sick pay is not required under MA law unless the employer has a stated policy to that effect.
I'm a delivery driver for a small liquor store. I get paid minimum wage from the store, and about on average $400-$500 a week in taxed tips. In 1 year, I've delivered over $230,000 worth of product for them alone.
My boss recently said he was no longer going to pay me gas money... View More
answered on Mar 2, 2018
The question involves a lot of complex issues. However without going through a detailed analysis and determining what employment policies your firm has, the answer to can he force you to take a week-off the answer is yes he can lay you off for any reason he wants so long as it does not violate... View More
I work for Amtel and they told me because I called out twice because the first time I went to the clinic do to high blood pressure and I’m diabetic so my sugar was really low the second time was because I got sick with strep and fever and because of my fever I had a really high blood pressure... View More
answered on Jan 30, 2018
Contact an attorney who specializes in suits under the American's with Disabilities Act. You can call the Boston Bar Association or the Massachusetts Bar Association for a free referral. It would seem that the Company has terminated you for an invalid reason. One issue is however if you were... View More
I live in Massachusetts. I'm 16 years old and I applied to a nursing home but they told me they might not be able to hire me because I might not be able to work until 11 PM. I can't find an answer online. Everything seems to suggest it's only like that for minors that go to school but I don't.
answered on Jan 16, 2018
The answer according to the Mass Attorney General and the ma.gov website is as follows:
16 and 17-year olds work hours
Only between 6 a.m. and 10 p.m. (on nights preceding a regularly scheduled school day) - if the establishment stops serving clients or customers at 10:00 p.m., the... View More
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