Employment Contracts Legal Questions

An employee normally must abide by the sick leave policy of his employer, unless a city or local ordinance applies.  If the illness or health condition is the result of a workplace injury, the employer cannot terminate an employee for seeking medical attention under the Workers' Compensation Act.  If the medical condition constitutes a disability under the American with Disabilities Act (which is certainly possible with a serious cardiac problem) and the employee has requested a reasonable accommodation with respect to seeking medical care for the disability, the employer cannot terminate the employee for seeking medical care for the disability.If this was just a routine cardiology appointment (and I empathize because I have to see a cardiologist periodically for past incidents which are not disabling to me), the employee normally must use whatever sick leave is available from his employer or must schedule his appointments on his day off.... Read More

You need an employment law attorney for this you can call 800 968 0738 for the attorney referal service of the state bar. Because you are working in a medical field, I do not see you having much of a claim. their defense will be this is health care and we can mandate health safety. So even though there are many who believe masks don't do much, the fact is they can argue it comforts patients and probably win. ... Read More

If you have the new attorney's offer to take the case for free in writing, you should be good. If he never put that in writing, I suspect the attroney will argue that he never said that or you misunderstood him. I often look at a case for free, but I rarely take one on for free. If I do, I put it in writing.  You should have an engagement letter with the attorney and that document will control. If he did not give you an engagement letter, then he probably can't collect his fee. Ask him for the engagement letter now before he sues. If it says you owe him money, find a way to pay it.... Read More

As a rule most jobs are staffed by people who are "at will" employees and in the absence of a contract can be hired and fired at the whim of their boss. However, if you were fired on the pretext of eliminating your job when in fact you were fired on the basis of your race, age, gender, sexual orientation, religion or nationality, that is discriminatory, illegal termination, and a violation of your civil rights.  If that is the case, you may have an action against your former employer for illegal termination.... Read More

North Carolina is an employment-at-will state where an employee can be fired at any time for any reason. If discrimination motivates a termination, it is unlawful only if the basis is; race, color, sex, national origin, religion, disabiliyt or age 40 or older.  There is no legal requirement that you agree with a performance review.  You can refuse to sign the review, but they may tell you to sign or you will be fired which is lawful.  I generally recommend that employees do not sign employer documents that contain false information unless the form indicates you are not agreeing with the contents or they add language like "I do not agree" with their signature.... Read More

Probably nothing.  A contract which can't be fulfilled within a year is required to be in writing.  Sometimes you can avoid this rule by showing that you acted in reliance on the promise in some way that can't be attributed to anything other than the promise you claim, but remaining in the same job almost certainly wouldn't qualify.... Read More

Try www.tbls.org.  This is the official website of the Texas Board of Legal Specilaization, an arm of the State Bar of Texas.  There you can find a lawyer near you that is board certified in labor & employment law. You can also try www.lawyers.com, which is the consumer version of a database lawyers use to find other attorneys.  It uses the same database.  ... Read More