Get free answers to your Employment Law legal questions from lawyers in your area.
I have documentation and everything to back up my case, just want to know if it's worth it and if I have a case for this.
answered on Oct 6, 2023
In Montana, wrongful termination claims often arise when an employee believes they were fired in violation of federal or state anti-discrimination laws, employment contracts, or other specific statutory protections. To determine if you have a viable wrongful termination claim, it's crucial to... View More
I inquired about applying at a local construction company. I have worked construction before and have good references. I asked about wage match, healthcare, and advancement, on the public ad the company posted. The owner messaged me privately on his personal account responding to my public comment.... View More
answered on May 8, 2023
You should check with an employment lawyer in your state to verify your legal options. However, please be advised that if you believe you were denied work based on your gender and your employer meets the minimum employee count requirements, under federal law - the Civil Rights Act of 1964, as... View More
We are required to remain at our station ,under threat of termination, beyond our agreed shifts if our relief does not show up for shift. I've made employer aware I am unwilling to stay past my scheduled shift.
I have left at my scheduled time twice in 3 months. I am forced to remain... View More
answered on Aug 31, 2024
Under Montana law, forced labor can fall under the broader category of labor trafficking, which occurs when someone is made to work against their will through the use of force, fraud, or coercion. Your situation seems to match the ILO definition of forced labor, as you are being compelled to work... View More
In this case, the agreement prohibits "similar derivative" from being created by the employee.
What are the space, time and content limitations of such clauses? Are there others?
What are legal references to such provisions?
answered on Dec 17, 2020
You need to contact an attorney to understand this better.
The restrictions can be limited to a reasonable time and geographical area.
It also depends on whether there was compensation and the amount of said compensation.
I was getting paid by company check, then started being paid in cash. I asked about it and was threatened with physical harm and when i reported the threats my hours were cut and haven't been paid for my last 5 weeks of work. Each time, I'd call I'd be given excuses and then i... View More
answered on Jun 18, 2020
Hi, the Fair Labor Standards Act requires you to be paid at least the minimum wage for all hours worked. If you worked any overtime, you would also be entitled to that as well. I would reach out to an employment law attorney in your state to discuss options.
I am mandated at 50 hours per week. I often work over than, sometimes 90 a week depending on staff. My paycheck says I only work 40 hours per week, is this legal for them to do, if not what law states so?
answered on Jan 14, 2020
The Fair Labor Standards Act requires that employers typically pay their employees no less than minimum wage for all hours worked, and time and one-half their regular rate of pay for all hours worked per week in excess of 40. Unless you are subject to an exemption, if you are paid on an hourly... View More
I was promoted in june. Since then I haven't received 50% or more because of poor food cost or because of poor inspections. I feel like this was the first effort to Target me. I was a diligent employee for 13 years never missing a shift and working extra whenever needed. The problem is the... View More
answered on Dec 19, 2019
Unfortunately, no. You live in an at-will employment state, meaning you can be terminated from your position for any reason or no reason at all, without warning. The only exception to this general rule is if you feel you are being targeted for termination for an unlawful reason based on a protected... View More
I was staying for free, so I don't owe any money, in fact she owes me back pay of $35,300.00. There was never a tenant landlord relationship, and someone else now owns the property, and has given me the time "sooner than later" to move off. I am disabled and 64 years old woth no... View More
answered on Jul 20, 2016
First you need to contact a member of the Montana Trial Lawyers Association who handles employment issues NOW!
Not sure what non profit belongings and animals are. If they belong to a not for profit organization, tell the organization to move them. If not, it's on you--new owner... View More
I am getting married in a little over two weeks, I put in the request about a month ago. We are going to the courthouse and have a big wedding later on, but either way I don't want to work on my wedding day I want to spend that with the guy I am marrying. However just yesterday, I got told by... View More
answered on Oct 14, 2015
I do not think that you can say that it is illegal to make you work on your wedding day. It probably is not illegal.
answered on Sep 8, 2015
There are not enough facts given here for any sort of answer. Go see a local attorney about this.
I am the manager of a small motel and the person who comes in so I can have a day off is being paid $30.00 per day no matter how long she has to be here answering the phone taking reservations doing laundry etc...
answered on Apr 10, 2015
How the employee is paid is a matter of agreement between the employer and the employee. State and Federal minimum wage requirements must be met but how the wage is calculated is not a firm matter of law.
I recently answered a referral for a book keeping position for an individual who is a lawyer with many "businesses". He asked many unethical questions of which wrote down my replies in a file. I later called to decline the being interested in the position. I asked if I could have the file... View More
answered on Apr 10, 2015
Unless the employer is using your information for illegal purposes there is nothing you can do. Your information was provided to him voluntarily.
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