Employment Contracts Legal Questions

First, I think if you had a work related injury you should immediately retain counsel to go over your rights and enforce them under chapter 440.  If you are a salaried employee, working over 45 hours, you can bemade to use vacation pay and can have your salary docked for missing time in whole day incriments.  I think you should let an attorney review your position and job duties to determine if you are properly classified as exempt, as the FLSA has limited exemptions for not paying overtime wages, and the fact that you are paid a salary is not an exemption from the overtime requirements under the FLSA.  Employers often misclassify employees as exempt and that should be examined.  IF you have a work related injury, then you may be able to claim this docked pay time and the loss of vacation pay under chapter 440 florida's workers' compensation act.  Additionally, if you were employed for a year and the employer has 50- or more employees in a 75 mile radius you should be offered FMLA protection for the missed time from work within 5 days of your employer being notified of the disabling medical condition.  If you have worked many overtime hours, they may not only count for something, but they may count for time and one half of your regular rate of pay and liqudated damages if you should be non-exempt.    ... Read More

This practice would likely violate the Fair Labor Standards Act which limits tip pooling and tip sharing. I would encourage you to contact our office for a free consultation. We represent tipped employees throughout Ohio with wage issues. There is a chance that there are other unlawful pay practices also occuring.    Ohio FLSA tipped wage lawyer http://mcoffmanlegal.com/practice-areas/wages-and-overtime/ohio-tipped-employee-wage-issues-attorney/... Read More

You need to speak with an unpaid wages attorney about your former employer's refusal to pay you what you have earned. Our office offers free consultations and works on a contingency fee.   Ohio FLSA unpaid wages lawyer http://mcoffmanlegal.com/practice-areas/wages-and-overtime/ohio-unpaid-wages-attorney/... Read More

Much depends on the number of employees and your status an exempt or non-exempt employee under federal law but generally employers are not required to provide breaks.  if they do, there are rules on when an employer must pay you for the break.  Pertaining to the situation you relayed, your employer would be required to pay you for that "working lunch" assuming you are a non-exempt employee.  If you are an exempt employee, you would not be paid for that working lunch.... Read More

In what way do you think they did not follow a policy?  What impact, if any, did that have on you?  You should file for unemployment comp.  If your employer contests it, probably the max you can use any such breach would be as leverage for them to drop their contest of your claim. ... Read More

Well what they did to you really stinks -- no doubt about it.  I don't think you have a claim here because you can't prove that you would have received one of the jobs for which you didn't interview.  Even though what they did stinks, you might not want to burn a bridge.  You might ask the person to keep you in mind for future positions or ask if there are other positions open to which he/she can refer you. ... Read More

The FMLA protects you when you are out of work due to a serious health condition.  The employer is not allowed to count FMLA time against you for termination purposes.  However, if you miss work with no FMLA coverage, then the employer can lawfully terminate you in most cases.  If you are FMLA eligible and you might miss time away from work due to a serious health condition, then you should appy for FMLA.... Read More

Your employer can ask for anything it wants, but based on the facts you've recited in your question, it doesn't appear as if you have any obligation to comply.  Of course, it is never that simple.  Literally read, it could mean that you agree to repay if you resign less than a year after starting employment, even if you continue to be employed, for example, if you give 2 weeks notice - if the notice was provided less than a year after beginning employment, it may fall within the terms of the repayment provision.  Also, it says "provide a year of services", which I would take to mean a year from the date you first start work, not a year from when you accept the offer.... Read More

No. This violates Ohio and federal laws requiring that employees be paid at least minimum wage for all hours worked. Feel free to contact our office for a free consultation with an Ohio unpaid wages attorney. If your employer works in this manner, there is the potential for other unpaid wages.   Ohio unpaid wages lawyer http://mcoffmanlegal.com/practice-areas/wages-and-overtime/unpaid-wages-and-unpaid-overtime-attorney-columbus-ohio/    ... Read More

Anybody can sue anybody for anything, but it doesn't sound to me like you have much of a case, unless the broker required you to use UPS, or has an agreement with you (which could possibly be implied from previous conduct) that it will accept copied logs where the originals have been lost.  If you could have personally delivered the logs, and chose to take the risk of using a delivery service, I don't think you can impose that risk on the broker.  It is even possible that the broker is required to have original logs to get its own payment from medicaid, in which case why would it pay you when it couldn't get paid itself? You may have a better claim against UPS, but it is likely that your contract with UPS limits its liability in these instances to a minimal sum.  Your best shot would be if you insured the contents of your package, but if not I don't think you have much of a claim.... Read More