I never received notices of low performance. In 2019 I exceeded my sales goals. This year the company lost a customer in my territory, but it was not my fault, as they decided to start buying directly from China. I am 49 years old, and there are other younger sales people who did not reach sales... View More
answered on Mar 11, 2020
You may have a claim for age discrimination and/or disability discrimination if your pacemaker has a lasting impact on your ability to perform major life activities. However, you'll likely need more evidence than what you've stated above to support your claims. How old are your... View More
For example, we are on a huge project. Is there a point that an employer has to let an employee go home to sleep some? We have been told in the past that we cannot leave until something is complete.
answered on Mar 4, 2020
If you are properly classified as a salaried employee, exempt from the provision of the overtime requirements of the FLSA, then there is no limit on the number of hours your employer can ask you to work in a workweek with your current salary pay.
Basically, I work at a restaurant and last Thursday, the power went out. We had to close the restaurant, and it was probably around 6:30 - 7:00 PM. I'm fairly sure that employees should be sent home if they cannot work but we had to stay until 9:00 PM and then we were finally sent home. The... View More
answered on Feb 5, 2020
Under the Fair Labor Standards Act, employers must ensure that tipped employees' hourly wage, combined with tips earned, equals at least the federal minimum wage of $7.25. If you didn't receive any tips during the hours the power was out but you were still required to be at work, your... View More
I was working for a company and I work a couple of days and do to my medical problem I was not able to continue the job so when it was time for me to get paid for the days I did work the have not paid me and I sent a 24 hour notice to my Boss and his Boss letting them know if I don't receive... View More
answered on Jan 16, 2020
You have the option of filing a complaint with the SC Dept. of Labor, Licensing and Regulation (LLR). They can investigate your claim and potentially fine the employer. But they cannot recover your money. If the amount you're owed is less than $7,500, then you can file a small claims court... View More
I have worked but don't get paid
answered on Jan 14, 2020
You should immediately consult an employment law attorney in South Carolina to discuss your situation. You may have a claim for unpaid wages under the federal law (Fair Labor Standards Act) and state law.
I have charges in FL that were adjudicated withheld. I was 18 and received robbery and assault and battery charges. ( I was in the car when it happened, didn’t do it) I’m now 22 and trying to get my massage therapy license and I’m worried adjudicated withheld doesn’t mean anything to the... View More
answered on Dec 3, 2019
You need to contact an attorney in the state of FL and they will be able to answer your question about marking a conviction. That states law would control in this situation.
Active asthma and said the environmental exposures at work are the cause and excused me from 2days of work. I notified my supervisor that I’m out on worker comp. While on workers comp. I filed a osha complaint concerning the quality of air and toxic chemicals that are the cause of the asthma they... View More
answered on Aug 12, 2019
If your exposure to the workplace has resulted in your developing or aggravating your asthma, you should have a viable workers' comp case. You can go to another doctor. My first piece of advise is to get a company to test the air quality at your place of employment before they "fix... View More
Yesterday 3 hours before my shift ended I was called into office and was told that due to a b s excuse they like to use I have to be terminated Now I don't know if I can get help with my situation and they are liable. I had been with them full time for over 2 years I have No insurance Please help
answered on Jan 15, 2019
Try additionally reposting your question in the Workers' Compensation section. Hopefully one of the experienced attorneys in that category could pick up the question.
Tim Akpinar
We had 8 hrs for holiday pay and all the employees seen it now time went in they took the holiday pay back can they do that
answered on Dec 18, 2018
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.
None
answered on Dec 18, 2018
If you work in South Carolina, then South Carolina law would apply, unless there's a provision in the contract that says that another state's laws would apply.
What are his options? He has only done receiving and shipping work all his life. He cant lift more than 25lbs with his arm now an that is with pain still.
answered on Aug 28, 2018
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... View More
I work for an ecig retail shop in Fort Mill, SC. After not properly IDing someone who was a secret shopper (and easily looked 30-35 years old), I was threatened by y boss in a very crass manner that he would file a civil suit against me until i have no money left and owe him for the rest of my... View More
answered on Aug 28, 2018
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.
answered on Aug 28, 2018
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.
Can he sue the employer ?
answered on Aug 28, 2018
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,... View More
answered on Jun 4, 2018
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.
I HAVE BEEN WITH THIS COMPANY FOR 18 YEARS AND HAVE ALWAYS WORKED 5 DAYS A WEEK. FMLA SAYS THAT I SHOULD HAVE MY SAME JOB AND WORK SCHEDULE AND PAY.
answered on May 8, 2018
You may have a claim for FMLA retaliation. You should speak with an employment attorney in more detail to determine your legal options.
Employer informed job classification is lower than what is appropriate for the type of work I do. As a result, I’m being paid less than I should be. As job duties continue to increase, my salary has not been corrected. What can I do to receive fair compensation?
answered on May 3, 2018
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... View More
An incident report but I wasn’t told to go to a specific emergency room and I also talked to my boss upon entering the er and afterwards I was out of work for about a week but upon returning I found out the er I went to wasn’t part of their workers comp and they used my accumulated sick time to... View More
answered on Apr 27, 2018
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... View More
answered on Apr 12, 2018
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.
I work for an adult novelty store and recently learned of a large number of highly unethical and borderline illegal practices by both the owner and several employees. I've learned from both current and past employees that I'm being strong armed into quitting because these... View More
answered on Apr 9, 2018
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... View More
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