Employment Legal Questions

You need to speak with an Ohio employment lawyer that handles medical leave and/or ADA issues. We regularly represent employees throughout Ohio with these types of disputes. Contact our office for a FREE consultation.   Ohio medical leave attorney https://mcoffmanlegal.com/family-medical-leave-act/fmla-attorney-columbus-ohio/... Read Answer

You may have a claim against your potential new employer called promissory estoppel. You will need to contact an employment attorney to discuss further details. Our firm represents employees throughout Ohio with these types of issues and we provide free consultations.    Ohio employment lawyer https://mcoffmanlegal.com/... Read Answer

I have reviewed your lawyers.com request.  I need to know the following in order to assist you: 1. What is the name of your employer? 2. Do you have a copy of their Retirement Plan documents ?(If not, you have to ask them to give it to you; and they have to supply it to you. Put your request in writing and send it to their personnel or human resouces office.) 3. When did you retire? 4. What did they give you as the reason you are not getting your benefits?   Michael A. Caldwell michaelcaldwell@dcbflegal.com  ... Read Answer

Typically, Texas employers are not required to give any days off and can require employees to work any number of hours.  Most employers are, however, required to pay overtime after 40 hours each week.  My understanding from my own clients is that AC folks are very much in demand, particularly this time of year.  In that one's health is usually regarded as more important than one's job, perhaps it would be advisable to find a new employer rather than attempt to fight with the current employer.    ... Read Answer

Bullying in the workplace is not illegal. If you feared for your safety you could have called the police. In New York, depending on whether you reasonably feared for your safety, you may have been entitled to an order of protection. You should have reported your safety fears to the employer if that's what happened. Your employer may rehire you. To get unemployment benefits you will have to prove that leaving was not your fault. Given your facts that's possible. Constructive discharge, meaning you were forced to quit or leave, is difficult to prove. You must prove that you did not abandon your job and that is possible if you are completely candid about exactly what happened. If you are denied unemployment benefits it will be even harder to prove there was no abandonment or there was constructive discharge. Good luck.... Read Answer

Did you agree to such docking, in writing? See the labor and employment link from New York State's Department of Labor for details: https://labor.ny.gov/formsdocs/wp/LS605.PDF What is the maximum deduction established by your employer per New York's Wage and Hour Law? Is it at or below the maximum permitted by the Wage and Hour Law? If no union contract protects you, no private fixed term employment contracts protect you, and you do not work for the government you probably should arrive earlier than late, ever, to work (even if you have to deal with slower, hot, summer public transportation issues). Tardiness may be the easiest way to terminate an employee as long as the policy is applied uniformly, across the board. You do realize that "at will" employment, assuming none of the above possible protections apply, means that the employer needs absolutely no reason at all to terminate an employee. Don't give your employer an easy reason when they don't even need one.... Read Answer

My law firm is located in Columbus Ohio and we regularly represent employees with cases involving unpaid wages and/or unpaid overtime. Your employer has violated federal and state laws by not paying you. We offer free consultations and we work on a contingency fee (we don't get paid unless you get paid). Feel free to call my office directly at 614-949-1181 and leave a message if I happen not to answer.   Columbus unpaid wages and overtime lawyer https://mcoffmanlegal.com/wage-hour-attorney-columbus-ohio/... Read Answer

North Carolina is an employment-at-will state where you can be fired for good reason, bad reason or no reason at all. Most complainst are not protected in this state. However, if you were discriminated against or harassed due to your sex (including sexual orientation) you may have a claim. If you were discriminated against or harassed due to your sex (including sexual orientation), and that was the basis for your complaint, then you may have a claim for unlawful retaliation. You should consult with an experienced employment attorney as soon as possible if you feel either of these apply.... Read Answer

Your best bet is to deprive the supervisor and the company of the value of your services by finding another employer who will value them properly. This doesn't sound like the kind of company or sort of people that you should be working with. There are a lot of other jobs available out there.... Read Answer

"ON CALL" PAY is a little more complicated than regular time. If you are a non-exempt employee and you actually work more than 40 hours for an employer covered by the FLSA, then you are entitled to overtime premium (150% of your regular hourly rate of pay) for all of the time you work after 40 hours. "On call" time is not companeable unless the circumstances or requirements of the on-call time severely restrict your ability to use the on-call time for your own purposes away from the workplace. But otherwise, if you are not called in to work, you are not entitled to be any pay for the "on call" time. ... Read Answer

I've never heard of someone being teased about hand washing.  Why do you think this is happening?  Are you in there an excessive amount of time?  Why not just ignore it? If they don't get a rise out of you, they'll no longer be entertained and I'd think it would stop.  I certainly don't see any type of claim herre and would not justify you leaving your job or a leave of absence of any kind.... Read Answer

You need to speak with an experienced employment attorney who handles ADA and/or FMLA cases. Our firm regularly handles these types of matters for employees throughout the State of Ohio. We offer free consultations.   Ohio ADA discrimination lawyer http://mcoffmanlegal.com/disability-discrimination-lawyer-ada-columbus-ohio/   Ohio FMLA attorney http://mcoffmanlegal.com/family-medical-leave-act/fmla-attorney-columbus-ohio/... Read Answer

You are in a difficult situation.  Normally, an employee who quits is not elible for unemployment.  However, there is a situation, known as constructive termination, that makes quitting under certain circumstances the same as being fired.  To prove constructive termaination, you must show that the harassment was so bad that no reasonable employee would have remained employed with the employer.  It is a very difficult concept to prove.  If you decide to apply for unemployment, you should admit that you quit but contend that you were constructively terminated. You should have all of your evidence, particularly the text messages you referenced, organized and ready to present to the TWC.  Good luck. ... Read Answer