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Rhode Island Employment Law Questions & Answers

1 Answer | Asked in Contracts, Employment Law and Civil Rights for Rhode Island on

Q: 20 year Labor union member wrongfully terminated, rights were disregarded in Collective Bargaining agreement,

Bruce Alexander Minnick answered on Apr 1, 2019

Hire a good employment lawyer with expertise in labor union issues.

1 Answer | Asked in Employment Discrimination, Employment Law, Civil Rights and Libel & Slander for Rhode Island on

Q: Can a supervisor allow only 2 out of 3 employees the opportunity to work Overtime? all 3 are members of Laborers union

Bernard P. Healy answered on Mar 3, 2018

I do not have sufficient information to answer this completely or with true accuracy. Under Federal and Rhode Island Law, a supervisor cannot discriminate against employees for certain reasons. Those reasons are race, gender, age, disability, perceived disability, ethnic background, religious... Read more »

1 Answer | Asked in Employment Discrimination, Sexual Harassment, Contracts and Employment Law for Rhode Island on

Q: How can a member of a Laborers union fight against being wrongfully terminated due to nepotism by the union steward??

Its a long story but I've been with this company many years, (almost 20 years) I am beyond devastated,

Bernard P. Healy answered on Mar 3, 2018

I do not have sufficient information to answer this question fully or accurately. Let me give you my initial impressions. I assume you are a member of a Laborers Union which has assigned you for many years to a specific business. You have apparently performed your job well and you are being forced... Read more »

1 Answer | Asked in Employment Law for Rhode Island on

Q: i suffer from major depression, anxiety, bipolar, manic and so on i have hospitalized several times had ECT treatments

i spent several years bedridden. due to my depression. apparently i signed paper work to take an early pension from my job and made my 77 year old husband beneficiary first of all i would of never ever made him my beneficiary i would of made my 31 year old son who is not my husband biological son... Read more »

Bernard P. Healy answered on Mar 3, 2018

I do not have specific information to respond fully to your question. Since you have been receiving SSDI since 2006, I assume that you took your early pension at approximately that time. Since this was an employment related benefit, the governing Law was probably Federal, the Employee Retirement... Read more »

1 Answer | Asked in Employment Law for Rhode Island on

Q: Can I sue for deductions for benefits that were terminated?

My last day of FT work with my employer was Nov. 3rd and I began per-diem November 6th. Employer deducted funds for my benefits on 11/3, 11/17/ 12/1 (medical, FSA, dental, etc). On 12/4, I attempted to use FSA card at my orthodontist (for $2000) but my card was declined. Contacted employer and they... Read more »

Neville Bedford answered on Jan 11, 2018

Meet with an employment law attorney to explore your rights and remedies.

1 Answer | Asked in Employment Law for Rhode Island on

Q: I want to ask I was hired as full time for independent contractor for amazon delivery as a full time they told me w

That there’s work all year long then after Christmas and took a few days off to be with son was going to be born then I called work he said they slow they cut my hours down to to days can they do that Can I do something about this legally they lie to me when hired please let me know thanks

Neville Bedford answered on Jan 11, 2018

CONGRATULATIONS on the arrival of your son. Speak to an employment lawyer and make an appointment to review your contract. You have the right to work anywhere you choose, so your best remedy may be in finding another employer who will give you the hours you want and the time off when you need it.... Read more »

1 Answer | Asked in Small Claims, Criminal Law and Employment Law for Rhode Island on

Q: At what point is this harassment?

I was told by a police officer yesterday to not speak with my roommate/co-worker and to get a restraining order on her because I had to write two police reports on her yesterday. Word got around work that I was going to get one and now she is having my other co-workers come to my desk and taunt me,... Read more »

Neville Bedford answered on Jun 25, 2017

For your own peace of mind, you might be looking for a new live/work situation. A restraining order will likely necessitate exceptions to allow for incidental contact at work/home and may be of little help to you.

1 Answer | Asked in Employment Discrimination and Employment Law for Rhode Island on

Q: How can a Laborers Union member get the union to enforce their Collective Bargaining Agreement

Nepotism in Rhide Island

Neville Bedford answered on Jun 11, 2017

Perhaps the Judge's cousin is achieving extraordinary results Talk to the steward and find out what's what.

1 Answer | Asked in Domestic Violence and Employment Law for Rhode Island on

Q: I am a physical education teacher, i got summoned with a protection order. will this affect my job ability

Peter N. Munsing answered on Dec 27, 2016

Depends on your school and board of ed policy. Your innocent until proven guilty so it makes sense to get an attorney who has experience in those types of matters, and handles cases before the judges in the county where the court will be sitting to represent you.

1 Answer | Asked in Employment Law and Military Law for Rhode Island on

Q: Is there a law or rule stating national guard members get 24 hours before returning back to work from training?

Neville Bedford answered on Sep 19, 2016

That is an excellent question. Here is a link to some of the NATIONAL GUARD/ ARMY Regulations to help you get started on your research.. http://www.ngbpdc.ngb.army.mil/pubs/350/350-1.pdf (116 Pages)

1 Answer | Asked in Employment Discrimination and Employment Law for Rhode Island on

Q: Overtime at hospital is done by non rotating seniority list. Besides being unfair can someone sue the union?

This condition makes it unfair and inequitable to every and all members paying the same dues. The CBA only states by seniority. " it's always been this way" is the answer I recused as to why it isn't a fair rotating list. Is there any repercussions against the union or the body of the union that... Read more »

Neville Bedford answered on Aug 21, 2016

Speak to your union rep and the attorney that is provided by your union. If necessary, take your agreement and meet privately with an employment lawyer.

1 Answer | Asked in Employment Law and Family Law for Rhode Island on

Q: I pay child support 98 dollars every week but my employee hold my check for 3 three week now. when will I get my pay?

what can i do?

Neville Bedford answered on Jun 13, 2016

Check with HR. Check with CSE. Consult with an attorney if that does not work for you.

1 Answer | Asked in Employment Law and Libel & Slander for Rhode Island on

Q: Can I sue for slander/liable/deformation of character?

I wanted to know If I have a potential case. Today I was blindsided completely at work by my supervisor , she told me to meet her in HR at 3pm, she wouldn't tell me why at all. When I got there she told me that this was about something that happened TWO weeks during my shift. This was my first time... Read more »

Neville Bedford answered on May 28, 2016

Know that truth is a defense to these type of allegations(with some exceptions). Don't discuss the case in a public forum. Consult with an attorney in private and see if they will attend whatever hearing your employer may provide. You should have a right to know whom made this allegation(and know... Read more »

1 Answer | Asked in Employment Law and Identity Theft for Rhode Island on

Q: employees for a non profit school, where they were negligent and emailed all w-2 info of employees to phishing scam.

The school apparently was scammed into believing the person requesting all w-2 info was administration. After involving state police have learned it was people in another country. Some employees are already reporting identity theft. I am so afraid that someone out there, knows everything about me... Read more »

Mr. Michael O. Stevens answered on Apr 5, 2016

Basically, yes, there does have to be damages. At this point, you have no harm besides anxiety.

1 Answer | Asked in Criminal Law and Employment Law for Rhode Island on

Q: I had a felony amended to a misdemeanor by nolo plea. Did I convicted of a felony. Airport runs fingerprint through FBI

I am a construction worker trying to get a security badge to work with my crew at the airport. One of the disqualifying crimes they ask of you have been convicted of is one that's on my background check but shows as amended. I have to fill out the application. Can I say I haven't been convicted of... Read more »

Neville Bedford answered on Feb 10, 2016

You should meet with an attorney and discuss the potential of having that amended charge sealed.

1 Answer | Asked in Employment Law for Rhode Island on

Q: I work for a fast food restaurant and was hired at $11 an hr and for fulltime for manager in training can i sue them?

I told them i was 5 months pregnant and they took away my pay from $11 to $10.25 hr and i was hired at fulltime now to part-time. My hours have completely are cut last week i worked a total of 11 hours and this week a total of 6 hrs. My store manager stated because of the test i have to take in... Read more »

Neville Bedford answered on Feb 1, 2016

Meet with an employment law attorney to discuss the particulars. They will explain what "at will " means and evaluate your particular situation to examine whether you were terminated for an impermissible purpose.

1 Answer | Asked in Employment Law for Rhode Island on

Q: To renew my ri pharmacy tech I license do i have to tell the board of health i plead guilty to breathalizer refusal

I was arrested & charged with 1st offense d.u.i in march but they dropped that d.u.i charge in april because i took the breathalizer refusal charge instead because i need to keep my job! My 6 month license loss will be done in sept. I will have no criminal record but the ri department of health... Read more »

Neville Bedford answered on Dec 10, 2015

http://health.ri.gov/applications/PharmacyTechnician.pdf

Pharmacy Technician I:

• Application Fee - $

25

.00

1. Good moral character;

2. 18 years of age or older (with the exception of those high school students working in...
Read more »

1 Answer | Asked in Employment Law for Rhode Island on

Q: Can an employer pay an employee less than minimum wage if the employee agrees VIA contract to accept said less pay?

Throughout the next few months my fraternity is hosting a number of charitable events through a third party corporation sponsor. Some of our members will be working for free and others, those who work more, will be getting paid. However our organization does not have the resources to pay a large... Read more »

Neville Bedford answered on Dec 10, 2015

Have a look at: http://www.dlt.ri.gov/ls/minwage.htm

1 Answer | Asked in Employment Law for Rhode Island on

Q: Are there laws in place that allow me to sue people trying to get me fired if I have evidence?

I'm a General Manager at a well regarded hotel and am currently engaged in a dispute with the Union that represents my employees due to a series of events that were taken out of context. An employee of mine quit for a better job in Boston before eventually coming back. In that time of her absence... Read more »

Neville Bedford answered on Dec 10, 2015

Your best course of action is to enlist the aid of an employment law specialist.

1 Answer | Asked in Employment Law for Rhode Island on

Q: My employer gives their employees 4 personal days off a year. For every one you take you get penalized. Is that legal?

Neville Bedford answered on Aug 24, 2015

This depends on a few factors. Bring your employee manual to an employment law attorney to evaluate the particulars.

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