Get free answers to your Employment Law legal questions from lawyers in your area.
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... View More 
answered on Sep 23, 2020
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... View More
answered on Sep 9, 2020
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... View More
I find it extremely lewd and quite offensive still sleeping in my clothes.
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... View More
answered on Jul 29, 2020
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... View More
answered on Jul 24, 2020
I regret that I do not handle employment law matters. Sorry.
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... View More
answered on Jul 5, 2020
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... View 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..... View More
answered on Jun 18, 2020
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... View More
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answered on Apr 13, 2020
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... View More
This is regarding a wrongful termination from a local government.
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,... View More
answered on Mar 11, 2020
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... View More
answered on Feb 29, 2020
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... View More
Our contract mentions
"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... View More
answered on Jan 7, 2020
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.
It... View More
I currently obtain part time shifts through a company that declares I am not an employee, I am an independent contractor. Therefor they can not and will not verify that I work through them. One of the facilities I have been providing assistance to wanted to hire me FT. I was interested. They say... View More
answered on Nov 27, 2019
If you did not sign any documents or a contract with the employment agency I would be very surprised--because all of them require people like you to do so.
Moreover, if an employment agency or company has been sending you out to work at various places then you can be sure the agency has... View More
An illegal immigrant who works at a store is accused of theft where paid under the table. Who has more to lose if the store owner wants to report the crime because he/she employed the employee without documentation. The store owner might have video surveillance that shows the crime but can't... View More
answered on Nov 15, 2019
I would say that the immigrant is more likely to be deported than the store owner get in trouble, especially if the amount stolen is $500 or more because that would be a felony.
we get paid every 2 weeks
at the end of the 2 weeks I was shorted an hour due to this.
They paid me later for the time but then started rounding it up again even though the clock in time sheet that we can print shows the real time we clocked in we are not getting paid until 5am... View More
answered on Nov 6, 2019
A rounding practice that, over a period of time, results in a failure to compensate employees for all hours works violates the Fair Labor Standards Act (FLSA). This is federal law that is pursued in federal court and can be pursued by a law firm from out of state.
I have documentation of the occurrence and now I am unemployed now do to the information being released.
My right to sue letter expires today. I want to file a sue against my employer. I'm in Sterling VA. In what court should I present the case? Where do I get the papers to fill the case? Is there someone that can help me to do so,?
answered on Aug 29, 2019
I regret that I do not handle employment law matters. Sorry.
answered on Aug 18, 2019
I'm very sorry for your loss. Your question was probably overlooked all this time because it wasn't in the Probate or Estate Planning categories, where an attorney knowledgeable about wills might have seen it. 'Sorry for this inconvenience, but you could repost and include those... View More
answered on Jul 7, 2019
Nope - it's the second fastest way to lose. Lying on the witness stand in front of the judge/jury is the fastest.
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