Jeremy R. Summerlin's answer If the holiday was given by mistake, then the company can take it back. If the pay was lawfully earned by the employees or owed pursuant to a policy or contract, then the company should not be able to take it back.
Ilene Stacey King's answer By closed, do you mean he has settled his claim? Does he have a lawyer? If he has settled his claim, his options may depend on how the claim was settled. Depending on the circumstances, there may not be much else he can do except apply for social security disability. If he has not settled his claim and does not have a lawyer, he should not settle his claim until he speaks with an experienced workers' compensation attorney. He should take advantage of a free consultation to discuss his...
Jeremy R. Summerlin's answer I don't see what legal grounds he would have to sue you over, unless you signed some sort of contract with him that provides him with some remedy for a situation like this, which I doubt.
Jeremy R. Summerlin's answer No, if you are working during those "break times," then you should be paid for those hours worked. That type of deduction, if you're still working, is wage theft and illegal in SC.
Jeremy R. Summerlin's answer Yes, if an employer fails to pay the employee, then the employee can bring a lawsuit under the SC Wage Payment Act. If the amount owed is less than $7500, then you can bring a lawsuit in small claims court/magistrate's court yourself. You can also contact the SC LLR to file a complaint, although LLR cannot recover your money, only fine the employer.
Jeremy R. Summerlin's answer You can apply for unemployment benefits, but the amount you might receive is based on your income in the months leading to your termination. Also, if you were fired for cause, then you won't receive any benefits.
Jeremy R. Summerlin's answer Unfair pay can be negotiated to a more fair salary amount, but there's no legal claim for it. The only exception is for cases where you have been misclassified as exempt from overtime pay but you are, in fact, working overtime hours without getting paid overtime (in other words, you might be getting a salary, but you don't supervise any employees or have discretion to make important decisions, and therefore should be getting overtime when you work more than 40 hours in a week). If you can't...
Carole Jean Hayes' answer Generally, when you injure yourself while working, you are entitled to 66% of your average weekly wages if you miss more than 7 days. The insurance company is also responsible for directing and payment of your causally-related medical treatment. If you had to go to the ER immediately after given the nature of your injury, the Commission has discretion regarding ordering the insurance company to pay that bill. You also may be entitled to further treatment and a lump sum based upon any...
Jeremy R. Summerlin's answer South Carolina law does not require an employer to offer funeral leave; however some employers do offer it as a benefit. Check your employee handbook. Otherwise, you'll just have to request it off and see what the employer does.
Jeremy R. Summerlin's answer If the unethical conduct violates the law, then you can report such conduct to the appropriate authorities. It depends greatly on the exact facts of your case as to whether you would be protected from retaliation if you report the misconduct. You should seek counsel with an experienced employment lawyer to review your situation and determine what options you might have.
Jeremy R. Summerlin's answer No, retaliation is only when YOU make a legally protected complaint (of discrimination, for example) and then the employer fires you or takes other adverse employment action against you.
Jeremy R. Summerlin's answer The answer depends very much on the exact language of the non-compete. SC law requires that a non-compete be limited reasonably in time (three years or less, generally) and reasonably in geographic scope, among other requirements. If you serviced customers all over the US, then the agreement MAY tend to be more enforceable. However, there are defenses that can raised to the enforcement of non-compete agreements. You should schedule a consult with an experienced non-compete lawyer in South...
Jeremy R. Summerlin's answer If you are getting paid $2.13 an hour plus tips, then you are entitled to your tips, unless some of those tips are subject to a valid tip pool arrangement. If you are paid at at least $7.25 an hour, then the law is a little unclear on whether or not you are entitled to keep those tips. Speak with a local employment lawyer to get a fact-specific analysis.
Jeremy R. Summerlin's answer If the police charged you with a crime, the employer is legally allowed to fire you. SC is an at-will employment state, and unless the termination is based on discrimination on the basis of age, race, disability, sex, religion, or national origin, then you don't have a basis to sue your employer.
Jeremy R. Summerlin's answer You can say no, but your employer would have every right to fire you for insubordination. SC is an at-will employment state, so unless the decision to send employees home is motivated by race, age, disability, sex, or other protected reason, the employer can send people home early.
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