Alabama Employment Legal Questions

Employers can be jerks sometimes, that's for sure.  One rule I have is that it's tough to ignore you if you physically go to your place of former employment and ask for things. So you might try that. Have you applied for unemployment benefits?  The employer will have to respond to that and it'll be quite clear that you are separated from employment.  You should be asking your employer to send you COBRA notices so that you can continue your current health plan -- you don't have to be without insurance. ... Read More

Under Federal law, the employer could dock your pay based on the hours worked (or not worked) even if you are salaried.  This by itself would not violate federal law.  BUT, the danger for the employer (and therefore possible benefit for you) is that when your employer starts treating your pay as if you were hourly, it potentially exposes him to having to pay you overtime pay for working over 40 hours a week.  The employer cannot have it both ways in terms of getting you to work over 40 hours without having to pay overtime, but then docking your pay when you miss a few hours here and there. It is worth it for you to meet with an attorney to explore this in more detail so you at least know your options... Read More

Probably not.  If you are paid a "salary," that pay compensates you for the number of hours worked in a workweek.  It could be 40, or 50 or 35, but the salary covers all hours worked.  The real issue here may be "was the employer permitted to pay you a salary?"  Salaried employees are usually those who are "exempt" from the payment of overtime under federal and state wage and hour laws.  If your job duties would not have qualified you as an "exempt" employee, your employer should have paid you on an hourly basis, not salaried.  Either way, if you have been paid a salary it is not likely you would have been "overpaid" and owe the money back.... Read More

He should DEFINITELY see an attorney BEFORE he retires.  The company must make reasonable accommodations if he can do the essential functions of his job with those accommodations.  Tell him that meeting with an attorney would not require him to take legal action.  The attorney will tell him what his rights and options are so that at least your friend can make an informed decision on whether to press this issue or simply retire.  A simple letter from an attorney with a medical statement about the need for the accommodations may resolve this matter.  So he would not have to necessarily file a lawsuit.... Read More