I work a privately own Medical establishment. The owner who is having me come to work Monday 03/01/2021 in a Hostile environment with the Attacker. And refusing to pay me Medical Leave , due to I am Traumatized and need Medical help and I am scared of my Attacker. The Attacker who's worked... Read more »
It's not clear that you have a question. However as it involves some serious issues, and this is a public site, I suggest you contact an attorney who handles criminal defense in the states where you are charged or where you have concerns and do not discuss these issues on any social media.
Can I file a lawsuit to have a fraudulent w-2 revoked?
I am an independent contractor.My life line during the pandemic depends on gig worker assistance. A company fraudulently re-characterized me as a w-2 employee after I terminated all business relationship with them due to consistent... Read more »
I don't know what claims you could make yourself, but you could report the situation to the IRS. If they claim you were a W-2 employee, they should have been paying payroll withholding, and weren't. That can result in a 100% penalty against the company, and against anyone who had...Read more »
My work has recently made a policy that makes us drive up to work, clock in then either leave until clockout or sit at work, unpaid. We only get paid when we have services. We waste gas and time when we are forced to go to work twice daily without pay. Is this legal?
Hi, more information is needed here. If you are in an outside sales role, the company is not required to comply with federal law for minimum wage/overtime. It doesn't sound like you are though because you are going to the office every day. More information is needed about what you are actually...Read more »
A Texas attorney could advise best, but your post remains open for two weeks. As a GENERAL matter in ANY type of case, if an appeal contains multiple elements, courts could rule categorically on them, denying some and affirming others. A Texas attorney who works in Employment Law would have the...Read more »
on the finalization. I have a very good case I know we would have this. My second W.C. adjusters own doctor appointment is this Thursday. The lawyers emailed me today with some very bogus untrue reasons that they are not taking this farther because we wont win the case in court. I'm not... Read more »
I am sorry to hear about what happened with your lawyer. While I don’t know enough about your situation to give you any advice here, I can advise you to seek new representation as soon as possible. In Texas, personal injury lawsuits must be filed no later than two years after the event. The...Read more »
The mandatory provisions of the Families First Coronavirus Response Act expired on December 31, 2020. Therefore, if you contracted COVID-19 and were out of work after that date, then your employer would not be required to provide paid sick leave under the Act. However, if this occurred in 2020,...Read more »
My W2 shows a $5000 difference from what was deducted vs what the trustee received. My bankruptcy lawyer has been no help & now my bankruptcy case is being dismissed. Is there anything I can do about this since my money was mishandled by my employer? What/if any law would the employer be... Read more »
Tons of laws! Basically, this would be the equivalent of civil theft. I would first alert the trustee and they may take care of it. If not, I would file a motion to compel in the bankruptcy court to have the money turned over.
I was informed I had been exposed to the virus. When I told employer they said go home and quarantine immediately for two weeks and get tested. After receiving negative results I contacted immediate supervisor via text. After no response I contacted the owners wife via text stating when I would be... Read more »
It sounds like your employer may have violated the Emergency Paid Sick Leave Act of the Families First Coronavirus Response Act. Subject to some exceptions, employers with less than 500 employees are required to make 80 hours of paid sick leave available for full-time employees, and the equivalent...Read more »
I was hired in Austin, Texas for a two weeks trial/internship for a private chef position. I sent the cost per hour of my services via email. At the end of the second week I was requested to stay for a third week which I did. I then was asked to submit a report with the hours worked for those... Read more »
Additional information is needed to determine if you have a wage and hour law violation. It sounds like you may have a contractual or quasi-contractual claim as well. You should reach out to an attorney in your area to discuss the details of your situation and your potential claims.
For unemployment purposes, the general rule is that you cannot receive unemployment at the same time you are receiving a severance payment (it is viewed as if you were still employed and paid for your work). However, after your severance period ends, you will become eligible for unemployment.
There are several things that need to happen. The first is usually to prepare (or request the clerk to prepare) an abstract of judgment and record it in the real property records in any county where your judgment debtor owns (or may own) real property. Next, see if you can determine what assets...Read more »
My VP hired a male whom he previously worked with. I complained to him via several emails that the salary and benefits given this new employee was way above the current female managers who had more qualifications and tenure and experience. I was subsequently terminated and told by the senior VP... Read more »
Making a complaint of unequal treatment as to wages on the basis of gender is a protected activity under Title VII. If you were terminated becuase of your participation in a protected activity, then you would have a claim of unlawful retaliation. You should contact an employment attorney in your...Read more »
My wife is a health care provider and was grocery shopping for her client at HEB and had a slip and fall accident. She contacted her employer and went to there workmans compt doctor . We also hired a law firm for the accident and they told her stop seeing the work man's comp doctor and have... Read more »
More information is needed to answer your question. An employer is not required to hold your wife's position open for her for an indefinite period of time if she is unable to return to work. Being under doctor's care does not provide blanket protection from termination. Whether your...Read more »
I agreed, verbally and via written contract, to teach my copyrighted workshop at a six-week summer program. My boss filmed all the program’s classes and sold them to virtual students for an indefinite period of time after the six-week program ends. This was not included in the written contract,... Read more »
You may have a case, but an attorney would need more details to give a more definite answer. For example, was the program created before or during your employment? There may be some work for hire issues that need to be sorted out.
It also would depend if there is an integration clause in...Read more »
The Families First Coronavirus Response Act requires employers up to 500 employees to provide paid sick leave if you contract the virus. If you have been with the company for at least 30 days prior to taking the leave, you should qualify for the paid leave.
Generally speaking, you are required to be paid for all hours worked under the Fair Labor Standards Act. If you are working hours for which you are not receiving pay, you can file a complaint with the Department of Labor or contact a local wage and hour attorney for help.
She is concerned about contracting the virus and endangering her children and elderly parents. Her job roles only include interaction with patients at check-in from behind protective glass with a mask and scheduling appointments over the phone. No additional compensation is offered and if she... Read more »
If an employee contracts the virus or is seeking a diagnosis regarding whether they have the virus, the Families First Coronavirus Response Act requires employers with up to 500 employees to provide paid sick leave for any time off taken up to 12 weeks. It sounds as though your wife works for a...Read more »
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