No. HIPAA is a medical provider and insurer statute, not an employer statute. However there are laws that protect an employee's medical privacy. That said, in today's climate there is nothing unlawful about an employer knowing your status as infected or not with the virus. Anyway, the...Read more »
Company is based in Florida. Company asked employees to take vacation time (without taking days off) last year to “get the dollars off the year end books” with a promise to make it up to employees post-pandemic. Just announced everyone who gave up time will get 2 additional days this year, but... Read more »
It could depend on the timeline and the severity. And those are things that a physician, not an attorney, is qualified to speak about meaningfully. The fact that you were at a hotel, in and of itself, is not evidence of the absence of a disability. Your post remains open for two weeks. Consider...Read more »
This is in Michigan. My friend was last in work on Friday and had symptoms starting Sunday the. called into work on Monday and hasn’t gone in since the Friday she left. She was fired on Tuesday for the reasons being “You caught covid and potentially exposed me and my family” they terminated... Read more »
I am sorry to hear about this situation. It is impossible to answer without more details. Without knowing all the details, At-will employment means an employer can fire a person at any time for any reason except an illegal one. There are numerous conflicting policies/laws at play, including...Read more »
We are declining the vaccine based on our religious beliefs. Is this a violation of The Title VII inequality act of 1964? He was told he can work from home, but NEVER return to the office if he does not get the vaccine. Is this legal?
An employer can require its employees to get a vaccination with the exception of the employee having a medical condition or in some instances, a religious belief. I don't see an issue with the employer requiring him to work from home. More information may be needed however. I would reach out...Read more »
Generally, the answer to this question is yes. However, there are two main exceptions: (1) if you have a disability that renders you unable to receive the vaccine; or (2) if you have a religious objection to the vaccine. If you fall under one or both of these, then you are permitted to request an...Read more »
Is a religious accommodation request my only option in the state of Oregon to prevent me from getting terminated for not getting a vaccine? Its my understanding that because there is only an EUA and no FDA approval,covid vaccine can't be mandated.
Generally, employers are permitted to require their employees to get the COVID-19 vaccine. However, there are two exceptions to this rule - the religious accommodation you've mentioned, and an exception for individuals with disabilities who are unable to receive the vaccine because of their...Read more »
The Fair Labor Standards Act is the federal law that governs the payment of wages, and it only requires that you be paid for time you are actually performing work. So, while employers have the option to pay employees for time off for illness or injury, it is not required under the FLSA.
My wife got pregnant and in January (3 months) I informed my employer and asked if I could work from home. (Currently I work in our office 4 days a week on a IT help desk answering calls and going to users to fix technical issues.)
My wife’s Dr. wrote a note advising that if possible... Read more »
The ADA does not apply to you here, so there is no legal obligation for your employer to honor a request for an accommodation of working from home due to your wife's pregnancy. If you entered into a contract agreeing to give 90 days' notice of your resignation, and you resign...Read more »
I have been asked to sign a form at work regarding the fact I have declined my covid vaccine and this therefore means I may not receive sick pay if I contract covid along with some other statements I need to agree to, and I don’t know what my rights are if I don’t sign it
Since there is no federal law that mandates paid sick time or any other form of paid time off, your employer may limit or condition your receipt of sick pay it does offer. Your employer's above condition on sick pay is lawful.
My father is being hospitalized from COVID and his prognosis is grim. It’s likely he will not be returning to work indefinitely. I need to update his address on file to my address as he no longer lives at the house he was renting. I have to go through the HR department at his work in order to... Read more »
An employer can lawfully terminate an employee who is out on leave if the leave is indefinite and there is no communication to the employer that suggests additional unpaid leave would allow the employee to return to work within a reasonably defined period of time. If he is terminated and dropped...Read more »
I began work Nov. 2019, and was "terminated" in March 2020 due to pandemic-related business downturn. I was rehired in June 2020, although I was not required to take a drug test again or submit my driving record again. I would have been eligible for paid vacation Nov. 2020, but now they... Read more »
Well, if they give you a raise it looks like they are not having it both ways. Your vacation time is usually based on time accrued and does not count time off for personal days, family leave---or when you are laid off.
Year to date money means just that. If you were paid x dollars then...Read more »
Can I file a lawsuit to have a fraudulent w-2 revoked?
I am an independent contractor.My life line during the pandemic depends on gig worker assistance. A company fraudulently re-characterized me as a w-2 employee after I terminated all business relationship with them due to consistent... Read more »
I don't know what claims you could make yourself, but you could report the situation to the IRS. If they claim you were a W-2 employee, they should have been paying payroll withholding, and weren't. That can result in a 100% penalty against the company, and against anyone who had...Read more »
The short answer is no. Even though you were fortunate to recover from Covid-19, you can still spread the virus to others. Your employer is most likely required by your county health department to continue requiring all employees to wearing a mask if you are otherwise in an indoor, office setting...Read more »
Got hired on into a 3 assistant position. After Covid, was down to myself and 1 other assistant. This assistant would call out/quit/not show up 2-3 times out of the week on a weekly basis. This would leave me alone to hold up the entire Office and all the patients by myself. First asked owner of... Read more »
No, it's apparently not discrimination on the basis of race, sex, or other suspect classification. Other than that kind of discrimination, an employer can employ, or not employ, whoever the employer wants. And no, they don't have to pay you for, in effect, working multiple jobs at once.
I am being constantly harrassed by my employer due to the fact that I have kids, and the current school schedule has caused me to be late. I have also requested the same schedule that has been allowed for another employee, but was denied the same curtesy.
Are you a member of a protected class? Based on race, color, national origin, gender, age, or disability? If you are a female and your coworker is a male individual, you could have a potential claim for discrimination. Similarly, if you are an African American and your coworker is white, you may...Read more »
Interesting scenario! If your fried becomes sick (only if she becomes sick), she would probably have a cause of action under the workers' comp act. Many states now have a presumption for COVID, which makes it work related and compensable. However, based on the fact that the boss was aware of...Read more »
A Texas attorney could advise best, but your post remains open for two weeks. As a GENERAL matter in ANY type of case, if an appeal contains multiple elements, courts could rule categorically on them, denying some and affirming others. A Texas attorney who works in Employment Law would have the...Read more »
Last year my employment was terminated by a non-profit based out of Washington DC. It was because I anonymously blew a whistle on my supervisor's conduct. I was told if someone were to call for employment verification, the organization would only give out the start and the end date.... Read more »
It is highly unusual for a former employer not to give verification of employment of a former employee. Usually the verification is very general, for example Mr Smith worked for Company A from Jan 1 2020 to Jan 1 2021. You would need to contact a licensed attorney in DC for a more in depth...Read more »
I’m a photographer (1099 contractor) for a real estate business in California that makes virtual tours using business owned equipment. I have done nearly 50 listings, mostly residential, spanning the last 7 months.
In many instances, not all, the listing has been vacant and I signed... Read more »
An independent contractor's rights and duties are defined by the contract between you and the other party to the contract. For the most part, laws enacted to protect employees will not protect independent contractors, with some exceptions. Whether your contractual partner can force you to...Read more »
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