The official reason was because he was in a safety sensitive position. However, he was never told his position was safety sensitive and his boss, his bosses boss and HR didn't know that information either. After going through three levels of leadership, they had to ask the VP of safety. How... View More
In a general answer, yes you can be terminated for that. Same as a person driving after using medical marijuana can be arrested for DUI. Just because something has been made partially legal doesn’t trump other areas of law, or in this case business owners rights and responsibilities. With that...View More
I negotiated a 10% bonus in my offer letter. A lot of my peers did not. Company decided to roll out a new company wide plan where people at my same “grade” and title get a 20% bonus. They will not consider changing my rate because it is in my offer letter. Just because I negotiated a bonus when... View More
You could have waited and not negotiated and you would probably have received the 20%. There isn’t much you can do since you accepted the 10%. You can always ask your superiors for the additional 10% since you signed in good faith.
Health issues with swelling. Some of the swelling was in my gut. Let me add this I am a female and work with all men for these 16 years. My main supervisor started to notice my gut and proceeded to make pregnancy comments (even though he has known I was gay the entire time I worked there) He also... View More
You should contact an Oklahoma employment attorney to discuss your situation in more detail. While more information is needed here, you should reach out regarding claims for disability discrimination and/or sex discrimination under Title VII of the Civil Rights Act of 1964.
I have approved accommodations but since January my employer has kept adding so many tasks I am unable to follow my accommodations without being able to complete all my tasks and new tasks. This has led to me not getting my accommodated breaks and working over 40 hours (my accommodation limited me... View More
You should speak with your employer (if you haven't already) and let them know that you cannot complete your current workload while also honoring your approved accommodations that limit your hours. If the issue persists, you should contact an Oklahoma employment attorney to discuss your situation.
Right now, the answer seems to be yes that an employer can require employees to get vaccinated. Hospital employees have been required to get flu vaccinations and people typically have to receive vaccinations in order to attend schools, including universities. The situation is more complicated...View More
Typically, backgrounds go back 10 years for credit and 7 years for criminal convictions but that can be longer depending on the job, responsibilities, etc... If it is expunged, or deferred adjudication was successful, then they will not see it at all. The State is restricted by statute to even...View More
If the employee signed an at-will agreement, does that mean I can let them go without explanation? The reason is bc they are causing dissent among staff but there is no real way to prove it. I cannot say they are lying without proof but we know they are due to other facts. Can we fire them for... View More
Regardless of good cause or not, you can still be sued. That doesn’t mean the other person will win but you still have to defend it. As far as Oklahoma is concerned we are an at-will state meaning you can terminate an employee at will, so long as it does not fall under the discrimination...View More
My job now states if I miss any time I have to make it up the next day that I work, (example if I am late two hours or have to leave two hours early I have to make it up the next day so if I am scheduled 8 hours the next day they would require me to work a 10 hour shift) Is this legal ?
As long as you are paid for all the hours you work, then this type of schedule is permissible. If you are paid by the hour, your employer must pay overtime, at the rate of one-and-one-half times your regular hourly rate, for all hours worked over 40 in a seven-day workweek. So, if this schedule...View More
If you were to break your hand outside of work, and dr said one hand work only and employer ask you to do work you feel might harm your other hand or work that would require both hands could you get fired for saying no to work (not all work just harmful work) you feel would cause more harm or not... View More
You might want to check to see if OK offers State Disability and make a disability claim. You may also be entitled to protection as a disabled person under the ADA which would prevent the employer from firing you, which you say they did. Definitely contact an employment law attorney in your area...View More
It's difficult to answer this question on those facts and this answer is not an opinion just a reaction. From what I know of Pennsylvania law, there might be cases when asking for help is not a basis to sue. But you'd need to define "help for what" for his part. Same for...View More
that she said but the mgr over heard it and told me we are going to be doing drug testing soon, i took it as discrimation, harrassment , and bullying so i told her i will take one when she take one. just weeks before that all the employees had to sign a new drug statement since medical marjuana is... View More
If your employer does drug testing and makes it mandatory for all employees I don't see any problem of discrimination. If you were singled out there might be a case but other factors would still come into play. Since its supposed to be by blind pick, I would say that is fair. Have a talk with...View More
I am in the process of appealing it. The only reason it was granted is because I was late for court. Also I used to be employed at this same place. She slashed my tires and then filed for a protective order. And I have done nothing to her.
Generally, yes, an employer can require employees to be clean-shaven. For safety reasons, there are few alternatives. If it is merely part of the company "look" that employees be clean-shaven, and if your facial hair is part of a religious obligation, then you may try asking the...View More
Yes, most employment is "at will" with exceptions, and this is not one of them The employer may fire an employee for any reason, even if that reason is irrational, or for no reason at all. Common exceptions are the employer can't fire someone because of race or gender, etc. So,...View More
I have breathing problems when exposed to fragrances, my Dr has given my work documentation, they have made some allowances to the problem, but there is a vendor who comes in with cologne so strong I can smell him through the door. I have asked him to sell his stuff in the breakroom, he got ugly... View More
The Americans with Disabilities Act (ADA) can apply to a person who has allergic or asthmatic responses to fragrances. Whether the ADA applies to your particular situation depends on all the surrounding facts and circumstances. If ADA applies, your employer may have to do more to protect you from...View More
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