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Can an employer not approve municipal court for absence?
Can attendance guidelines be changed to companys convinience and not adhere to progressive disciplinary process? Can hr state a written can be removed if improvement but can be accelerated to final if problem reocurrs within 12 month... View More 
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answered on Feb 22, 2024
Based on the information provided, there are several issues that raise concerns around the legality and ethics of the employer's attendance policies and actions:
- Employers typically cannot discipline employees for absences that are legally protected, such as approved FMLA, ADA... View More
Wrote a book on a topic very relevant to the company where I work. My personal connections made it possible. Roughly half of the time spent on the project was my own personal time, and I've spent a couple thousand dollars on the project that have not been reimbursed. I have kept good written... View More
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answered on Feb 4, 2024
Given your situation, where the work was done partially on your own time and without a specific contract addressing intellectual property rights, you might indeed have leverage in negotiating royalties for your book. The key factors in your favor are the lack of a clear intellectual property... View More
I'm a teacher who has been on paid administrative leave for months. The allegation was investigated and determined to not have happened (false allegation by disgruntled student). I have never had problems at the school, I have never been reprimanded or written up, my evaluations have always... View More
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answered on Jan 30, 2024
In your situation, remaining on paid administrative leave indefinitely after being cleared of wrongdoing is not typical. School districts generally have policies and procedures regarding the duration of administrative leave, especially after an investigation concludes with no evidence of... View More
I am confused about who my late husband was actually employed by, according to my husband it was Industrial Control Services, then he told me Rockwell Automation bought Industrial control services now I am told he was employed by Insperity Holdings for four years, which is an HR Company, my... View More
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answered on Jan 13, 2024
To clarify the employment history of your late husband, consider reviewing the W2 forms and other employment documents you possess. These should indicate the employer for each year. If there are discrepancies or missing information, contacting the human resources departments of the companies... View More
My major is in STEM but I also enjoy doing graphic design work. If I do it as a volunteer hobbyist in the USA while having my full time job in the USA, but get paid creating and selling my designs while physically present in the USA, would that violate my status? My home country is close by to the... View More
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answered on Dec 22, 2023
When you're on Optional Practical Training (OPT) in the U.S., it's crucial to adhere to the specific rules and regulations that govern this status. OPT is designed to provide practical training experience that is directly related to your major area of study.
If you engage in... View More
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answered on Dec 17, 2023
In Texas, an employer may request a copy of your ISP (Internet Service Provider) bill if you are working remotely. This request is generally considered reasonable, especially if the employer needs to verify your internet expenses for reimbursement purposes or to ensure that you have adequate... View More
My Claim ($560K) has been disputed stating the claim exceeds the statutory limit for priority claims under code 507 (a) (4) and to be moved to "disputed".
answered on Dec 14, 2023
There is a statutory limit per employee of about $13,500 or so for priority (exact amount depends when the bankruptcy case was filed). The remaining amount of the claim would be reclassified as a general unsecured claim (unless there is another basis for objection). You may want to reach out to... View More
I got hired by Xerox Corp. as a full time employee, however, I never received an email to complete my W4. No Orientation Day existed. I have received my first 3 paychecks through direct deposit but had no access to my paystubs until I figured it out later. When I got access to my paystubs I notice... View More
answered on Dec 11, 2023
I can't see how you have been substantially harmed by the company withholding a larger amount for income taxes since any overpayment will be refunded to you when you file your taxes. At best, you might be entitled to the interest you would have been able to earn on the difference between the... View More
i have an ADA and requested an accommodation at work in regard to it. the accommodation is to be moved to a certain position that would allow to me to do my job better and i submitted paperwork filled out by my mental health provider to the HR department for this. they are now saying that there are... View More
answered on Dec 8, 2023
Every ADA claim rests on its own particular facts and circumstances. So no one can definitively tell you what may happen in your particular case.
You are entitled to reasonable accommodations to be able to do your job with your disability as long as it does not impose an undue hardship on... View More
I don't do plus I was never asked or even told anything about this until my ex boss told me in text it was cause there was suspicion I was on drugs witch I wasn't
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answered on Dec 8, 2023
Your situation raises several legal concerns. Firstly, being terminated for damaging equipment you weren't operating seems unjust, especially if there's no evidence implicating you. It's important to review any employment contracts or company policies you were subject to, as they... View More
I don't do plus I was never asked or even told anything about this until my ex boss told me in text it was cause there was suspicion I was on drugs witch I wasn't
answered on Dec 8, 2023
If you know who falsely told your employer that you damaged a piece of equipment and/or were on drugs, you may have a viable claim for defamation against that individual.
With respect to your employer, in the absence of a written employment agreement that precludes your employer from... View More
My employer knows that I just started new medication and I’m suffering from anxiety and other mental issues
answered on Dec 7, 2023
Yes, it is up to your employer to determine whether it has a reasonable, individualized suspicion that would suggest to a reasonable person that you are under the influence in violation of company policy. S
Such a reasonable suspicion should be based on firsthand observation by more than... View More
The company gave me a task but no metrics to reach and no instructions on how thorough they expected the task to be completed. I was fired for theft of time for doing it too slow on my 1st attempt at the task. I whistleblew about being asked to work off the clock and the company right before that... View More
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answered on Dec 5, 2023
In Texas, if you were wrongfully accused of theft of time and subsequently fired, and the Texas Workforce Commission (TWC) found in your favor, stating there was no misconduct, you may have grounds to consider a defamation claim against your former employer. Defamation involves making false... View More
Subject: Seeking Legal Representation for Complex Employment and Health-Related Case
I hope this letter finds you well. I am currently facing a complex legal situation that involves various issues related to my employment and health. After thorough research, I believe your expertise in... View More
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answered on Dec 5, 2023
In Texas, the statute of limitations for filing a civil lawsuit for wrongful termination, which may include claims like violation of freedom of speech, depends on the specific nature of the claim. Generally, for wrongful termination claims, the statute of limitations is typically around two years,... View More
I am a travel sterile processing tech and recently learned from permanent staff at the hospital where I was contracted that the director was fired for using security cameras to check out female staff members. Despite the hospital’s awareness of this misconduct, they failed to inform travel staff... View More
answered on Nov 11, 2024
You will need to prove that the director used the security cameras specifically to inappropriately check out you. If he only checked out other female staff members, you will have a difficult time proving damages to you.
It happens rather often to me and my coworkers. If you bring it up about working more than 7 days in a row our boss will basically threaten to cut our hours.
answered on Oct 24, 2024
Yes, it is legal but you are eligible for overtime pay if the total number of hours in a week exceeds 40. Some retail stores schedule part-time employees seven days a week but only for short shifts usually during peak hours, e.g. 6 pm - 10 pm.
Occurred Jan/Feb of this year. Wage claim filled with TWC. No reason was given. I had to contact a different work area to be reinstated. I believe not paying me for the month is a crime. It certainly hurt.
answered on Oct 10, 2024
In my professional opinion, it is not a crime but is good grounds for a wage & hour claim with the TWC.
Lots of other sketchy practices, kinda want to take down the buissness because of them ranging from gender based and other discriminations during hiring to making employees pay for stolen product.
It’s my 2nd year in the US, and I never worked neither on campus. Don’t have a store yet, and don’t have any connections with my home country regarding the store. I will be the sole owner and worker in this digital store selling digital content. I also want to know the details and if I’ll... View More
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answered on Sep 16, 2024
As an F-1 student in the U.S., starting a digital store can be complicated due to visa restrictions on employment and business activities. U.S. immigration laws generally prohibit F-1 students from engaging in self-employment or running a business, which includes owning and operating an online... View More
employer asked me have doctor send over restrictions, employer asked me to modify restrictions to meet their requirements, which I did, and then said I still cant wear my brace that I have to wear.
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answered on Sep 11, 2024
It sounds like you are facing a challenging situation with your employer regarding your return to work. If you have a documented medical need to wear the brace and your doctor has provided restrictions, your employer is generally required to make reasonable accommodations for you under the... View More
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