Am I allowed by Law to get paid paternal leave? If yes , for how long . I know that companies with 30 employees and more must provide their employees with paid leave, just not sure what is the laws saying about smaller businesses. Thank you.
answered on Feb 19, 2020
Hi, the federal law governing medical leave, the Family Medical Leave Act ("FMLA") does not require the employer to give you *paid* leave. It protects your job if you take unpaid leave, however. One issue I see is whether or not your employer is covered by the FMLA. You state the employer... View More 
Set an agreed upon lower base with a high compensation plan. Did a great job with sales and now my employer told me he was cutting my compensation plan by 75% because I made too much money. But also congratulations me on performance. Told me no room for negotiation and I had to give my answer... View More
answered on Dec 12, 2019
This will depend on whether you have a written employment contract stating that you would be paid the agreed-upon amount for a specific amount of time (for example, for the next year). If you don't have this, then unfortunately you do not have a claim under federal law, as the Fair Labor... View More
I have a part time job where an undocumented employee got injured on the job and the employer is asking him to fill out an I-9 verification form so that he can pay the medical bills. By the looks of things it seems like my boss is trying to get rid of him and not actually pay for the medical bills,... View More
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answered on Oct 28, 2019
Both your boss and the undocumented worked are in violation of Federal law. It is unwise to post anything further about this in a public forum monitored by law enforcement. There is no attorney-client privilege online and this situation is far beyond the scope of this forum.
answered on Mar 4, 2019
It depends on a number of factors including:
Your underlying disability conditions;
Whether you have requested disability accommodations;
The union contract or other policy under which you were drug tested;
The safety sensitivity of your position;
Past... View More
answered on Feb 23, 2019
What was their basis for the termination? Consider a consultation for a case evaluation.
I told my boss and one manager that I was pregnant and asked them not to tell anyone else. My whole job now knows and I feel uncomfortable at work. Are they allowed to share my information against my wishes?
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answered on Dec 19, 2018
You can sue a small business, if you have a legitimate cause of action. Otherwise, you could end up paying the other side legal fees and costs. Your situation is questionable, absent more facts.
intended purpose of the video tapping included intimidation and to challenge the plaintiffs disability status
answered on Dec 5, 2018
Probably not, as I believe that each party has the right to notice videotaped depositions under the federal rules of civil procedure and the District Court’s Local Rules. You should be able to obtain an agreement from defense counsel, or a consent order, limiting the dissemination of the video to... View More
Isn't that some form of discrimination?
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answered on Nov 24, 2018
There is no law that requires an employer to give an employee a day off for Thanksgiving. Not every comment that a person makes that another one does not like is a basis for discrimination.
answered on Oct 25, 2018
Yes, it could be a form of age discrimination. Consider a consultation if you have further questions.
I work for a NJ-based company. They are a small company with only about 10 or so employees, so I’m not sure what my rights are, if any.
I had a baby last year. I found out after returning to work that I would then be eligible to receive 6 additional weeks of partially paid bonding leave... View More
answered on Aug 31, 2018
Discrimination based on pregnancy is still illegal under the NJLAD, regardless if the employer is a small employer. If you feel you are being mistreated, discriminated, or fear you will lose your position because you are pregnant, consider a consultation for a case evaluation.
I am considering using an attorney at my OAL disciplinary hearing. It should be relatively easy since they falsified documents against me, violated their confidentiality policy, time frame policy, and out right lied on me. The internal affairs officer was since fired but the State is now forced to... View More
answered on Aug 5, 2018
In order to prove a claim of retaliation, you will have to prove that you made a reasonable and good faith complaint of discrimination and suffered an adverse employment action For making your complaint. I would strongly recommend that you consult an experienced employment attorney as soon as... View More
answered on Aug 4, 2018
An employer has an obligation to have an effective anti-discrimination policy and to exercise reasonable care to prevent and correct promptly any sexually harassing behavior. As an employee who is being harassed by unwelcomed harassment, you should take advantage of any preventive or corrective... View More
VP/Manager of rebar instillation division of established steel company. I have been out on medical leave/work comp and have sustained an acute lumbar disc herniation which required surgery, due to this injury I will have permanent physical limitations which are now covered under the ADA act. My... View More
answered on Jun 23, 2018
You likely have 12 weeks of job protected medical leave under the FMLA and then ant extended medical leave with job protection would be a disability accommodation under federal and state disability law. As you contend that your medical restrictions will permit you to perform the essential functions... View More
answered on May 30, 2018
Please share the type of case you have at the DOL and what is at issue. I should then be in position to answer your question.
Richard
I worked 15 years for my employer, with an additional 2 grandfathered years. March 2018 I was fired for performance. The firing came 3 weeks after being put on final notice with a six week improvement / performance plan to be completed by April 13. I had not received a poor review in my time with... View More
answered on May 15, 2018
Assuming that you did not sign the proposed severance agreeement which presumably would have a release of all claims, it is possible that you may have a claim, depending upon the employer’s true motivating reason behind the termination. For instance, if you believe that despite the employer’s... View More
answered on May 9, 2018
If you're paid by hour as a non-exempt employee, they must compensate you at the overtime rate of 1.5x your regular rate for any hours over 40 hours per week.
I just started working for this company that does eyelash extensions. I have been working very hard 2 jobs because I am 100 percent capable. After just 2 weeks of being there my manager went through my personal stuff on facebook and looked at my personal pictures and found out I was pregnant that... View More
answered on Mar 7, 2018
No. They can't discriminate against you because you are pregnant. If you feel that is the case, a consultation may be worthwhile to determine your claims and option.
Most of the coworkers did. The two weeks I was there I felt discriminated against because she would complain about my dressing or my hair. She emotionally put me down because she would constantly put me down in front of the other co workers, she even implied I had attention deficit disorder at one... View More
answered on Feb 18, 2018
What basis do you believe she discriminated against you for? (i.e. race, sex, national origin, sexual orientation etc.)
in the store policy manual it says workplace relationships are okay as long as the manager knows about it which she does. recently in another store, a key holder was transferred to another store for being in a relationship with someone that worked there. that person is now suing my district manager... View More
answered on Jan 24, 2018
Are you the person that is in a relationship? It's unclear from what you wrote. If you participated in the investigation for the lawsuit - then you are considered to be in a protected class and your employer is prohibited from retaliating against you. Further information is needed via a... View More
I drive doing delivery for Ashley furniture and others.i get paid by the contractor the owner of the truck.i am responsible to park the truck and pay out of my pocket,sometimes he had made me drive all the way to the company and tell me there's no work.but when they tell me go home I do and... View More
answered on Jan 15, 2018
You need to speak to an employment law lawyer, however even to answer your question it is not clear whether your are salary employee or an independent contractor as in this case you need probably a contracts lawyer.
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