Husband on 2week temp med leave to return on 12/28 with restricted hours (8 hour shifts) and breaks every 4 hours, no ladder climbing for a period of 3 weeks. Employer won’t allow return with restrictions. What are our rights? Live in MN. Large privately owned company.
Additional information is needed to answer your question. If your husband's medical condition qualifies as a "disability" under the Americans with Disabilities Act, then your husband can request an accommodation of a 2-week medical leave, followed by 3 weeks of medical restrictions....Read more »
I was working through a temp company and got hurt which led to me having surgery. I am now at a new job and was receiving comp for lost wages for a few days. I have contacted the work comp company several times telling them I’m back to work and they keep sending me checks. I have had two... Read more »
Hello Sir. A worker's compensation claim that is valid is one reason they keep paying you. Sorry for your injuries. You should contact an attorney who specializes in workers' compensation. My guess is you may receive a settlement for the case. I would not cash the checks or be prepared to...Read more »
You would need to ask the employer that is requiring the drug test. I would imagine you could go to a lab closer to where you live and they would accept the results as long as it is from a reputable lab and is an observed test.
Generally, employment is at-will. This means that you can quit at any time for any reason or no reason at all but you can also be fired at any time for any non-discriminatory reason or no reason at all. Unless you have a contract that requires something different, you should be able to just quit...Read more »
I hope your okay physically due to your manager's aggressive behavior. I suggest you contact law enforcement to report the facts to them in addition to making it known to your employer in writing as to what happened. Tell the truth always. If your benefits for unemployment are being withheld,...Read more »
I was hired by a company and I’ve been working for a couple months, I started experiencing Covid symptoms, I had to get tested because a person in my household works at a nursing home and if anyone she’s around experiences symptoms they must be tested before she can return to work, this company... Read more »
No, your employer cannot fire you. The Families First Coronavirus Response Act (FFCRA) provides employees, who work for employers with less than 500 employees, up to two weeks (or 80 hours) of sick leave paid at employees' regular pay rate if those employees are unable to work because they...Read more »
Unless you have a medical condition that prevents you from wearing a mask or face shield, you can be required to wear one while performing your work. If you do have a medical condition, you should work with your doctor to request an accommodation under the Americans with Disabilities Act from your...Read more »
Tried it the 1st day, had 5-6 panic attacks, and was harassed imo by my bosses all day long, complaint was filed. Was informed to take unpaid leave of absence. Saw doctor, meds too weak to work and stronger ones you cant work on, next would be psychologist but since I don't have insurance or... Read more »
Your employer can request medical information to support your request for an accommodation under the Americans with Disabilities Act. You should talk to your doctor and your employer to inquire about other possible accommodations for your anxiety that would allow you to continue to work. Does...Read more »
Hello there. The facts you pose begs the questions what provided reason by the company for not paying your commissions, and whether you have a written contract that governs the relationship. Also, the state law in the state you live in may govern your relationship with the company. Generally, a...Read more »
Sir, in today's employment setting, this is a cutting edge legal question. First, more information is needed, for example, why were you actually on leave? Was it medical or just covid-19 reasons in general? Thus, it is hard to answer your question without greater details about the employer,...Read more »
If you are asking whether you need to be paid for the time spent driving from the company's shop with the work truck to the job site, and between job sites throughout the day, your employer should be compensating you for that drive time. You should contact an employment lawyer in your area to...Read more »
While at work we were sent home early because our work system was compromised and we were told we would not be working the following day as well and we would have to either use vacation time or not get paid I was wondering if that is something they are allowed to do or are they suppose to be... Read more »
Under the Fair Labor Standards Act, employers are only required to pay their employees for time worked. While most employers offer some form of paid time off as well, this is not required. In this situation, since you haven't performed any work on these days, the FLSA does not require that you...Read more »
My question with this is can someone legally “hire” for work under the title employee without ever expecting or receiving compensation from their employer. And can NDA be introduced in those working terms?
If you hire an employee, you will need to comply with the federal and state wage and hour laws with regard to compensating that employee. You should consult an employment law attorney in your area for advice.
I’m a restaurant manager in Saint Paul Minnesota, I make less than $45,000 a year I get Health and dental Insurance and bonuses, provided I meet certain goals. I typically work 50-55 hours a week, should I be receiving overtime?
Whether you are entitled to overtime depends on whether you are properly considered a salary-exempt employee under the Fair Labor Standards Act. If you are a non-exempt employee, paid on an hourly basis, then you should be receiving overtime (time and one half your regular rate of pay) for all...Read more »
Unfortunately, there is very little protection for individuals when it comes to refusal of a drug test. Because you are an at-will employee, an employer may terminate you for any reason, or no reason at all, unless it is an unlawful reason. If you feel as though you were singled out based on your...Read more »
It is not per se unlawful for your employer to single you out and discipline you for things others are doing. However, if you are being disciplined for things similarly-situated coworkers are also doing without consequence, and you believe the disparate treatment is due to your membership in a...Read more »
In general, an employer cannot use your need to take intermittent FMLA as a negative factor in making an employment decision. More details are needed to determine whether an FMLA violation has occurred. You should consult with an employment attorney as soon as possible to determine the best...Read more »
My former employer is withholding my wages for not returning my employee handbook. I’ve read the handbook front to back numerous times, it doesn’t state anything about being penalized for not returning it. I’ve also never signed anything or been verbally told otherwise on the matter
I've been with my current company for over a year, which is the probation period before we can apply for another position internally. There's been an open position at my company since the previous employee vacated it back in March of this year. The position was posted in May, and I had... Read more »
Missing from your question is *why* you think you were treated differently. If you were not considered for the position because of race, gender, age, disability, or some other protected class or protected conduct, then you may have a claim worth pursuing.
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