Employment Legal Questions

Any party to a potential contract can put a time limit on the other parties acceptance and that includes an employment related contract. Therefore, your employer could lawfully say "sign this contract by tomorrow or _____."  Assuming you are an employee-at-will like most in Tennessee, the _______ could be termination.  The exception to this would be if you are over 40 and signing a release of claims, i.e. a severance agreement, in which case you would be given either 21 days or 45 days depending on the situation.... Read More

Generally, how vacation time is accrued and/or paid out at the end of employment is usually in an employee hadbook or some socuments that outlines the employee beneifits.  Of course, if your company did not have such a policy or handbook, you should contact an attorny for a more specific answer.... Read More

Kansas is an at will employment state.  you tendered your resignation and the employer accepted with 2 weeks notice.  you resigned due to the hostile work environment.  Legally, harassment is defined as unwelcome comments or actions, based on these characteristics (for example, sex or disability), that creates a hostile or offensive working environment or that the victim must put up with as a condition of employment.  you must show that the harrasment was directed at you as a member of a protected class.  if you can prove you  left work due to such conditions you can draw unemployment.... Read More

If you were terminated due to your use of FMLA, you have a legal claim for wrongful firing even if you had used all of your FMLA time. Now, there will be a "proof" issue where the employer will say it had nothing to do with the FMLA usage and you will have to come up with evidence that it did.  Further, it is possible that you might have a claim under the Americans With Disabilities Act depending on the exact facts. Althoug you have 2 years to initiate an FMLA lawsuit, you only have 180 days to initiate a claim under the ADA.  I suggest you consult with an experienced employment attorney as soon as possible. Keep in mind that attorney on this site are allowed to answer your questions, but cannot solict your representation.  That means you will need to request help directly from the attorney before s/he can offer to represent you or consult with you.... Read More

Yes. Unless you work for the federal government or certain unionized employers, you are an employee-at-will who can be fired at any time for any reason.  It does not matter if it is a good reason, bad reason or no reason at all.  The employer has a right to approve, not approve or change approval for time off.... Read More

Have you filed for unemployment compensation benefits?  The employer is required to respond to that filing.  You'll get a written answer soon after you file.  If you are receive benefits that is proof positive that you are no longer employed.  Your employer is not required to give you a letter saying that you are terminated. ... Read More

If you have something signed by the employee permitting you to make deductions from pay to pay back the loan, then you can make a deduction from the last pay.  However,  you cannot deduct so that the employee's effective rate of pay is below minimum wage.  If that doesn't get you paid back in full, your recourse is to collect it from the employee directly. ... Read More

Your classification as an employee for wage purposes is not something you and your employer can agree to.  Your classification is determined by an application of your actual job duties to the language of the applicable law.  There can certainly be gray area.  I'm not aware of any precedent concerning utilization review nurses but perhaps that exists and would inform your proper classification. An attorney could research that for you.  Or you could file a complaint with the department of labor for misclassification and they could investigate it.  Your employer cannot terminate you for filing the complaint -- that would be unlawful but it won't make for a comfortable employer/employee relationship going forward. ... Read More

The short answer is NO.  Unless you are a salaried, exempt employee, your employer must pay you your hourly wage for every hour worked up to 40 hours in a given week.  If you work more than 40 hours, your employer must pay you time and half for every hour worked, over 40 hours.  For example, if you make $10 per hour and work 60 hours in a week, your employer must pay you for 40 hours times $10 = $400.  Plus 20 hours at $15/hr = $300, for a total of $700.  Failure to do so may be a violation of the Fair Labor Standards Act, which subjects your employer to liquidated damages plus attorney's fees.... Read More

Employers who offer 401k plans are allowed to adopt automatic enrollment. This means the employee will automatically have a certain percentage of their pay placed in the 401k plan unless the employee affirmatively "elects" to stop or change the amount. The employer is not required to change this amount until you provide them with the required notification that you want to stop or change the amount it is usually a form you have to complete or a process that complete via a website.  If you go through this process and they do not change it, then you can contact the US Department of Labor's, Employee Benefits Security Administration.... Read More

You need to contact a wage and hour attorney immediately. My firm regularly represents tipped employees with pay issues. We provide free consultations, represent tipped employees throughout Ohio, and we work on a contingency basis.   Ohio wage and hour lawyer http://mcoffmanlegal.com/practice-areas/wages-and-overtime/tipped-employee-wage-issues/... Read More

In general it is unlawful for an employee with 15 or more employees to share medical information about an employee with people who are not "need to know." This confidentiality for medical information is provided by a law called The Americans With Disabilities Act (ADA) and applied whether or not an employee has a disability. The EEOC enforces the ADA including its requirement for medical/health information confidentiality.  I think you meant to type HIPAA instead of HIPPS.  If so, then no, this is not a HIPPA violation because employers are not "covered entities" that HIPAA regulates.... Read More

Tennessee is an employment-at-will state where an employee can be fired at any time for any reason.  Employers are not legally required to follow their own termination policies when dealing with an employee-at-will. There is no "fairness" or "just cause" requirement in the employment law. So, not being facetious, but to answer your last question, they can fire you by simply telling you that you are fired. The only way for you to file a wrongful firing claim in Tennessee is if you can prove that the firing was due to unlawful discrimination (i.e. race, sex, disability etc) or unlawful retaliation (i.e. for using FMLA, filing for work comp, etc).... Read More