Idaho Employment Legal Questions

You cannot miss work whenever you wish and protect your job. Instead, help your friend get In-Home Support Services, IHSS, and get professionals in round-the-clock and stay employed. FMLA would only work for a few weeks. Your friend needs professionals who can be there regularly and follow doctor's orders.... Read Answer

Labor Code 132a makes it a misdemeanor crime punishable with a $10,000 fine IF a Workers Comp judge decides that cutting off 'benefits' when a worker works just light duty and is not yet released to full duty with no restrictions. IF there is a Memorandum of Understanding that is, a work contract that says workers on a special 'light duty' assignment do NOT accrue full benefits as to workers on unrestricted duty, then there is no penalty due. IF the judge finds there is a 'business necessity' for this company that only workers on full, unrestricted duty accrue benefits and those on special modified-duty jobs do not, there there would be no penalty. IT would be a long, drawn-out Workers Compensation trial.?? But it may be worth it. So: this will require a Certified Specialist in Workers Comp (those "TV" "fight-for-you" people don't file or try these 132a cases). BE ABSOLUTELY CERTAIN that the workers comp attorney you hire WILL file, serve and try the 132a claim... many many people get an attorney who will only do the injury portion of the claim and refuse to file or try the 132a petition because the 132a petition is three times the work for 1/2 the money.... Read Answer

You should make a chart of the date and hours you believe you were not paid. Give a copy of that to the manager, and request your pay. If he/she does not pay you, you may report this to Wage and Hour Division (WHD) - U.S. Department of Labor http://www.wagehour.dol.gov/ They have investigators that handle such claims. You must be paid at least minimum wage for every worked. That is the law.... Read Answer

You should find another job as soon as possible If you are discharged, you may be able to collect unemployment, but you will need a good lawyer experienced in UI law. You should notify your employer in writing of your need, and ask for accommodations. If you are denied this, you may be able to collect unemployment, but only if there was no other option, such as after school care, etc. I know of no law that requires the employer to accommodate your request. They have a business to run.... Read Answer

Your situation seems complicated so you should immediately contact an attorney. Assuming that you are in Wisconsin, you apparently filed a wage claim, so since you have been terminated for filing that claim you now have a termination claim based on retaliation. You should save every email from your former employer as this could be important evidence. You can reply to the request for return of property by stating that you paid for the property so that you personally own it. Again, immediately contact an attorney.... Read Answer

This likely is not legal. You may apply to IRS for advance permission to do this. If you are wrong, and proceed, the penalties are substantial. You should also look at the unemployment taxes. You likely are liable for UI taxes, and they would be eligible for benefits when the job ends. The fact that you hired them as temp workers, for a limited duration, is of no consequences in UI world. They are unemployed due to lack of work, and therefore eligible. If you do not pay UI taxes, you likely will be busted when they apply for UI.... Read Answer

Defamation is legally defined as the "holding up of a person to ridicule, scorn or contempt in a respectable and considerable part of the community to the damage of the reputation of another." Since his opinion is only limited to an audience of one (or perhaps all the officers within the corporation) it cannot be said that the statements are to a considerable part of the community, so the statements do no legally qualify as defamatory, without considering whether the statements are meant to ridicule, scorn or lower your reputation in the community.... Read Answer