Whether you are still capable of working is a question for your medical providers. It sounds like your medical provider released you to return to work with restrictions. If your job duties require you to lift more than 40 pounds or elevate your blood pressure, then you should inform your employer...Read more »
This is a complicated question because there are a number of variables. First, are you hourly or salaried employee. Next, could the leave qualify under the Families First Coronavirus Response Act (https://www.dol.gov/agencies/whd/pandemic/ffcra-employee-paid-leave). Third, are you doing any work...Read more »
Virginia wage law provides, in relevant part: "No employer shall withhold any part of the wages or salaries of any employee except for payroll, wage or withholding taxes or in accordance with law, without the written and signed authorization of the employee." So, if no written...Read more »
If you are working for the same employer, the Fair Labor Standards Act ("FLSA") requires that an employee is paid overtime for any hours over 40 in a week. Period. It does not matter if you work at more than one location. It same employer, must be paid overtime. Complication could be...Read more »
I don't think 4 months is really enforceable, but it really depends on the language in the contract and how it's spelled out and if there are any details about damages. You may want to have an attorney review that provision for you. Good luck.
I work for a large hospital system. I was employed by them in Nov 2018 as a Senior Staffing Coordinator for their in-house long-term float pool. (Staffing Solutions is the department.) When COVID cases began to surge in the early part of 2020, a new department was created called the Resource... Read more »
As long as you are being paid for the extra hours you're working (and if you are paid by the hour, overtime pay for hours worked over 40 in a week), your employer is allowed to add on job duties and change your schedule at any time. While your situation sounds unfair, there is nothing unlawful...Read more »
My girlfriend is an RN registered nurse working for an agency (based in Ohio) which helped bring/organise her path to USA and set her up with a job. The contract has tied her into a 3 year term of which she has completed 1 year already. The problem is the job is way too much for her mentally and... Read more »
I don't think this is enforceable simply if your girlfriend quits. However, sometimes liquidated damages provisions are enforced if a non-solicitation or non-compete provision is breached. I'm sure anyone who responds would be happy to help if you decide to retain an attorney. Good luck.
I have given my 2-week notice and will soon be leaving my current job. I have about 40 hours PTO accrued. I am located in Virginia as a remote worker but my employer is in Oregon. Is my employer required to pay out my PTO for my final paycheck? Their employee handbook says that they will pay out... Read more »
Generally, the payment of PTO upon termination will be governed by your employee handbook. If your handbook is up to date and says PTO for individuals who work your job will be paid out upon termination, then you should receive your remaining unpaid PTO upon termination.
I work for UVA Medical Center and our department just implemented a new program called "Pink Star Days". These are day that I am required to be "On Call" from midnight until 7am, without pay and is overtime when called in.
The UVA HR dept does not have information on... Read more »
Your employer is free to implement new policies, including on-call requirements, without prior warning and without a written department policy. You must be paid for time spent actually performing work if you are called in.
However, whether the entire on-call shift must be paid depends on...Read more »
Offer or welcome letters like the one you described are typically not considered binding employment contracts, even if it specifies your rate of pay or hours per week. Unfortunately, the law doesn't offer much protection if your employer decides to reduce your rate of pay or change your...Read more »
I was written up in 2018 at a regional jail I worked at for what I believe was unjustified reasons. I have nothing else on my record. I am currently in the hiring process for other law enforcement agencies and I believe this is hindering my background process. I have heard that they are allowed to... Read more »
Additional information is needed to answer your question. Are you a member of a union? Your union contract may dictate if and when a disciplinary write-up "falls off" or can be removed from your file. You should review your union contact or a handbook for this information. There is no...Read more »
My workplace is trying to punish me for "performance issues" and in their reasoning for punishment, they cite multiple instances where I plead innocence in personal conversation with my boss as evidence that I am guilty of "hiding work" or purposely misdoing work. That's... Read more »
The 5th amendment right against self incrimination, found in the Bill of Rights in the US Constitution and many state constitutions, works to shield you from testifying against yourself as against THE GOVERNMENT. So unless your employer is a Federal or State agency of the government, your...Read more »
Reported my Director at work and was quickly retaliated against. Have been harassed and made fun of. My staff as well have been treated poorly. We have reported to the Compliance Hotline and am currently at home without pay until something is resolved by now 2 weeks and no answer. Please help..... Read more »
Hi, more facts are needed to evaluate your situation. However, generally speaking, there is no legal protection from general harassment or bullying in the workplace. If that harassment is sexual harassment, or based on a health condition, your sex, skin color, religion, etc., it may be unlawful...Read more »
It depends on what your non-compete says. Non-compete, also knowns as restrictive covenants, prevents employees from stealing employer secrets and customer after their employment ends. It can also prohibit employee from contacting employer's customers, prohibiting you from working for someone...Read more »
My wife works for a local bank, she has been told she can have her 30 minute lunch, but must clock out, but cannot leave the building in case a customer comes in. From what I understand and I may be wrong. They can make her stay in the building, but they cannot bother her for the 30 minutes,... Read more »
Yes, she should be able to take an uninterrupted break if they are requiring her to clock-out. If she is clocking-out and is consistently unable to take an uninterrupted break, I would reach out to an employment lawyer in your state for a full evaluation. There are other factors that need to be...Read more »
Business litigation deals with business matters such as the sale of goods, breach of contract, challenging corporate structures, and other areas, many of which are related to contract law. Employment litigation is more focused on matters that arise in the workplace, such as discrimination, wrongful...Read more »
"conceives, creates, invents, designs, develops, contributes to or improves any works of authorship, inventions, materials, documents or other work product or other intellectual property, either alone or in conjunction with third parties, at any time during... Read more »
This question comes up all the time. You will need to take the contract and employee manuals that deal with the duty to assign inventions to an attorney in the state where you work. There are some states that have limits on the scope of this mandatory assignment clause for employees.
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