Howard Berkson's answer A former employer can be liable under different legal theories for bashing a former employee on a reference check. Defamation is one theory. Under defamation, you would say that you have been economically injured because they have made false statements about you (your character, your competency, whatever), knowing the statements were false or with reckless disregard for whether they were true. Another theory has a fancy lawyer name: "tortious interference with contract." Essentially, we...
Robert Donald Gifford II's answer A "background check" can be as simple as running your name on public data bases such as the Oklahoma Supreme Court Network (OSCN). If she used a private or government database, it could cost her job.
Will Blackton's answer I'm only going to address the portion of your question relating to copyright law, that is: can your former employer legally publish your article without crediting you? Yes, almost certainly.
This is known as "work for hire." In the case of a work made for hire, copyright law provides that the author of the work is not the person whose individual creative efforts produced the work, but the party that employed or commissioned that person. As the author of the work made for hire, the...
Tristan Kenyon Schultz's answer Try reposting this question in the Oklahoma section. This is the Colorado section. Usually vacation days are counted and paid regardless of the nature of the departure, but a lot is dependent on the company policies. It is increasingly becoming more common for companies to not count vacation days.
Brian Lehman's answer 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, yes, the employer can say get a doctor's note or you are fired.
Mr. Michael O. Stevens' answer I have never heard of any such laws that would prevent a parent from taking children to work. Most employers do not allow it as it tends to negatively effect productivity and there could be an issue if the child were to be injured at the office.
Marshall Jason Ray's answer You should consult with your state labor department or a local lawyer to see if you are owed wages. Federal law (which applies in all states) requires the payment of time and a half for hours worked in excess of 40 hours a week -- if the worker is covered by the Fair Labor Standards Act. It is not possible to answer your question without knowing more about what type of position is being discussed. Your state labor department will be able to help you understand both the federal and the state...
Mr. Michael O. Stevens' answer If it is worth that much, find a local attorney to send her a demand letter. A good attorney may also find other things to go after (such as wage and hour violations, final paycheck issues, etc.), and many attorneys will do flat rate work for a simple demand letter.
Mr. Michael O. Stevens' answer If they have attorneys, you will want your own. It would be like showing up to a race and they bring in a supped up sports car and you just bring your van. Maybe you win, but you are already at a disadvantage.
Terrence H Thorgaard's answer I don't believe your father has anything to complain about. He created and used the account on company time. Thus the company is entitled to the e-mails. Your father really should have deleted the account before he left the company. But, any way, if they weren't able to access the e-mails because of your father's carelessness, and if the company sues FedEx, they could probably access this information through discovery.
Howard Berkson's answer We don't have enough information to answer your question directly. You can talk to the employer and ask them why they didn't give you the bonus everyone else got. You can ask them why you weren't hired back given your seniority. What you should probably do is write down a timeline of what happened and take that along with any paperwork or letters you may have about the layoff to an attorney.
Howard Berkson's answer It sounds like you have a wage claim that the Department of Labor would be interested in. Generally, if you go the administrative route, there is value in having a lawyer help you prepare your charge. If it is clear and well organized and tailored to highlight just the facts relevant to the laws and regulations the employer allegedly broke, the agency might be faster to act and more interested in your case.
Howard Berkson's answer Your employer can change the terms and conditions of your work whenever they want, unless you have a contract in place saying they can't. For example, an employer can offer you work in Tulsa as a printer and then later transfer you to Oklahoma City to work as a baker and then fire you if you don't report to the OKC bakery. There are some exceptions and complicating factors, so it's worth talking about with an attorney.
Howard Berkson's answer Ordinarily, a non-exempt employee must be paid while traveling out of their home city for a work related purpose if such travel occurs during their normally scheduled work time. There are exceptions: you might be entitled to pay during non-scheduled hours. You should discuss the situation with an attorney or raise the issue with the Department of Labor.
Howard Berkson's answer A "furlough" is typically a temporary leave. An employee on temporary leave is entitled to whatever the PTO policy allows. Also, there can be complicating factors, particularly if the furlough is for less than one week (e.g., 1 day per week for 3 months) and the employee is paid on a salary basis rather than on an hourly basis. For a more complete answer, you would have to talk to an attorney and provide all the facts and circumstances, including a copy of the employee handbook.
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