Daniel P Leavitt's answer I am unclear here. If they are paying you hourly then you should get paid for however many hours you work. If you are on salary, then you get paid whatever your salary is. If you are salaried then you should be getting paid a fixed salary so your salary is not a range of 52-56. If you are hourly, then your total amount can range based on the number of hours you work. In addition, you can get a bonus and so you could be hourly or salary and also get a bonus.
Daniel P Leavitt's answer It is a balancing act and they need to make sure that it is safe for you to be there. If your Dr. allowed you to work then they should let you work if you are medically fit. If you are not under contract though, keep in mind that employment is "at will" and an employer can generally let you go for any reason that is not against the law.
Timothy R Johnson's answer Depends on whether he's at least paying you minimum wage ($7.25). If not, then he can get in some big trouble for that scheme, and you may want to consult an employment law attorney. Employment law attorneys don't typically charge consultation fees, and in some cases, may take some cases on a contingency basis so your only risk is lost time.
Timothy R Johnson's answer An employer can fire you for any reason at all in Virginia unless you have a contract or the reason behind firing you was based on unlawful discrimination (race; religion; gender; age; etc.). If an employer heard about you through another employee, regardless whether it was true or not, the employer can fire you without any repercussion.
Peter Whelan's answer If you work for a private employer in Virginia with fewer than 15 employees, then you are not protected by federal anti-discrimination statutes that might otherwise give you a remedy for a "hostile work environment."
However, it sounds like what you are experiencing is not a "hostile work environment" in the legal sense of the term, because it sounds like the harassment is not related to your sex, race, religion, or other similar protected status.
Richard Sternberg's answer Clients are humans or, in the case of corporations, LLCs, and other entities, owned by humans, and humans are as varied as humans. Good lawyers get that. Great lawyers use it.
Mr. Beau Correll's answer I'm very sorry that this happened. You should understand, though, that no matter how jarring or tortious an act may be that certain strict time limits apply. I believe that your factual scenario may touch upon two areas of the law - the first is state tort law and the second is federal employment rights. If I were you, I'd look for attorneys that focus on the latter because there are probably certain nooks and crannies to your particular case that a state tort attorney may pass over.
Anthony Rocco Pecora Esq's answer If Chekr is considered a consumer reporting agency it has obligations under the Fair Credit Reporting Act (FCRA) to have reasonable procedures in place to assure maximum possible accuracy of the information reported. Simply put, it should have algorithms or other "If then" formulas in place to make sure the information reported is really about you. You may have a claim against Chekr. You are likely not to have a claim against UBER if you are considered an independent contractor. Did you...
Jerry Lutkenhaus' answer You indicate you are a building contractor. You did not indicate how many employees you have. If you have two (2) or more employees regularly in service, then you need to provide workers' compensation coverage. If you sub out the electrical work, then the electrician is an independent contractor and should carry his own workers' compensation coverage. You should make sure the agreement is clear he is an independent contractor and not an employee (who is paid by the hour and supervised by you).
Susan Fremit's answer Under current Virginia law, if there was an admission of guilt or a find of facts sufficient (usually in a first offender program), such a charge can NEVER be expunged (what folks mean when they say "seal").
Jerry Lutkenhaus' answer Under Virginia Workers Compensation law, you have the right to request a panel of 3 authorized physicians from the employer or its WC insurance company. Then you can pick your treating doctor from the panel. The employer/insurer also has the right to send you to an Independent Medical Exam (IME). An IME is with a defense doctor and is usually not treatment, just an opinion. You might have to sign a medical release.
Jerry Lutkenhaus' answer Yes, if your employer had more than 2 employees regularly in service in Virginia. You should file a Claim for Benefits with the Virginia Workers Compensation Commission and consult an experienced Virginia work comp attorney.
Jerry Lutkenhaus' answer For Virginia Workers Compensation, discovery usually entails evidence about the accident and injury, video surveillance of the accident and your post-injury activities, company policies, safety violations, preexisting conditions, job search information if released to light duty, etc. Do NOT respond to pretrial discovery or interrogatories from the defense attorney without first consulting an experienced Virginia work comp lawyer.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.