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.
answered on Jun 10, 2019
An employer may only withhold and garnish wages based on a Court's order that is stated in a Garnishment Summons. Not sure what you mean by frivolous instrument.
answered on May 27, 2019
It depends on the lawyer asking the discovery questions. however, one consequence could be sanctions imposed by a judge.
But supervisor in another department has her daughter working for her what can I do
answered on Oct 26, 2018
The answer may depend on what your employer's policy says about the matter, and whether or not they are consistent in applying the policy.
I make between 52-56 yearly. But my jobs website lists me at a hourly rate multiplied by 5 days, which I know is a lie because I work 6 days and mostly 7 days. Is something fishy here?
answered on Oct 26, 2018
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,... View More
I’ve been on short term through work. Dr has agreed to let me work some while doing radiation Dr put restriction on me not sit or stand all day; alternate throughout the day. My employer said for me not to come back till they read policy, can they do this?
answered on Oct 26, 2018
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... View More
answered on Oct 26, 2018
Your attorney should be able to guide you through this process and advise you. Good luck.
He has a “to do list” with 10-12 things he wants done, and if one is not he would take 10% each of our tips for the day (cash and extra gratuity tips). He also takes them and holds on to them till Friday and then gives them to us.
answered on Apr 12, 2018
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... View More
A person allegedly said I said some words to him after work he didn't say we got in a fight or I threaten him they fired me because he say she say my word and his word that's it and I think they were wrong
answered on Mar 28, 2018
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... View More
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.