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,... View 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... View 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... View 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... View 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... View 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,... View More

Sir, this is a general opinion about the FLMA law. A full-blown investigation is required to really understand the facts of your case. See www.leliilaw.com. Paul Lelii 651-587-9663

Whether an employer may count a holiday against an employee's Family and Medical Leave Act (FMLA)... View 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... View 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... View More

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.

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... View 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... View 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... View 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... View More

This could violate the Fair Labor Standards Act if the deduction of wages results in you making less than minimum wage for all hours worked.

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.

I assume your question is whether you have a lawsuit on your hands - can you show that your employer is actually firing you for a different reason (race, religion, etc.)?

Minnesota is an "at will" employment state so generally speaking you can be fired for just about any reason, so long as it is not discriminatory or retaliatory. The law does not require people to treat you nicely. But if you can show that you were terminated because of your race,... View More

The company asked you to sign a "non-compete" agreement. If you did not sign the agreement, you have nothing to worry about. If you did sign the agreement, it may or may not be enforceable depending on a variety of circumstances. Specific questions based on the specific language of the... View More

In Minnesota, employers must pay an employee who quits typically at the next regularly scheduled payday. If there is a contract with different terms, you will want to have an attorney review that.