Employment Legal Questions

Nurse are not exempt simply because they are nurses.  Certain types of nurses may be exempt depending on the situation.  For example, nurse practioners are often exempt as are many nurse managers.  I strongly recommend that she consult as soon as possible with an experienced employment attorney. Keep in mind that you or she will need to reach out to attorneys as attorneys are prohibited from soliciting her directly.... Read More

The key to answering your question is the detail: how many days did you miss work ? did you always give advance notice ? what is your position/responsibility at the company ? For example, if there are a large number of days and your presence is crucial to the opersation, then the employer may have the right to terminate your employment. Please call to discuss. Ed Dimon, Esq. 732-797-1600... Read More

It depends on if your employer has a policy to pay unused PTO or not. I would check your employee handbook if you have one. If there is no policy, you are entitled to the unused pay. As a maintenance tech, you likely should be receiving overtime if you work over 40 hours in a workweek. Contact our office for a free consultation about unpaid wages or unpaid overtime.   Ohio unpaid wages attorney http://mcoffmanlegal.com/practice-areas/wages-and-overtime/unpaid-wages/... Read More

You need to speak with an experienced wage and hour attorney immediately. Depending on your job duties, you may be misclassified as a salary, exempt employee. Many assistant managers are not exempt from receiving overtime and are entitled to time and a half or overtime wages for hours worked over 40 in a workweek. The fact that they reduced your pay helps to support your case, but your job duties are more important. You may be entitled to overtime wages, plus liquidated damages equal to your unpaid overtime and attorney's fees. Our firm regularly represents employees with wage and hour litigation. Contact us today for a free consultation. We work on a contingency fee.   Ohio overtime lawyer http://mcoffmanlegal.com/practice-areas/wages-and-overtime/overtime-lawyer/... Read More

The EEOC enfoces federal law which prohibits discrimination (or harassment) on the basis of race, color, sex, national origin, religion, disability or age 40 or older.  You do not mention any of these "protected classes" in your facts.  Did you mean that you are disabled after the on-the-job ingury and are being harassed due to your disability?  If so, that is possible, but I do not see near enough in these facts although there could be more facts that change the analysis. I want to let you know that harassment for file a worker compensation claim in not unlawful.  However, retaliation that leads to job loss for filing for workers compensation is unlawful. ... Read More

You should file a claim with TWC/EEOC for age discrimination. If you eventually file suit against them, you could include defamation in your suit along with the age discrimination. Filing the charge with TWC/EEOC may result in a resolution of the case (they pay you a money settlement) so you don't have to file a lawsuit. ... Read More

That's a tough situation because rocking the boat can jeopardize his job (not that it should be jeopardized but that's just reality).  I'm sure the problem will get solved with time -- clearly a snafu that is abnormal.  If he can't be patient, then he can continue with persistence or he can file a claim with the PA Dept of Labor wage/hour division.  That won't necessarily make a solution happen faster.  He can file a claim against FedEx with the local magistrate as well to seek unpaid wages under state and federal law.  ... Read More

You need to speak with a wage and hour attorney who regularly handles these issues. My firm represents employees throughout the State of Ohio in all types of wage and hour disputes. We provide free consultations and work on a contingency fee. Contact us today so we can help determine what additional compensation you may be due.   Ohio wage and hour lawyer http://mcoffmanlegal.com/practice-areas/wages-and-overtime/wage-hour-issues/... Read More

You could contact an employment attorney to discuss whether you have any legal recourse under the ADA for disability discrimination. It will likely depend upon the circumstances whether your request was a reasonable accommodation and whether your former employer's actions constitute disability discrimination.   Ohio disability discrimination lawyer http://mcoffmanlegal.com/practice-areas/discrimination/disability/... Read More

The key to the answer is whether you are an 'exempt employee' or an 'independent contractor'. For example, IT repair personnel are ' exempt employees' who are paid a flat fee no matter how many hours are worked. Many employers are claiming that their employees are 'exempt' from hourly wage requirements. In addition, you are classified as a 1099 independent contractor. This is another method to avoid hourly wage requirements. See Uber drivers. Will the other workers join with you in paying for a legal action against the employer ? Ed Dimon, Esq. 732-797-1600... Read More

Perhaps, but workplace harassment is not a legal claim in North Carolina.  Harassment in the workplace is unlawful only in certain situations as there is no law specifically prohibiting harassment.  Initially, we have to determine the reason he was harassed and if that reason is unlawful, he may have a claim. In this state (as in most states), workplace harassment may be unlawful only if it is directed toward the employee on the basis of: race, color, sex, national origin, religion, disability or age 40 or older.  If the alleged harassing actions were directed toward him on any other basis than one of these "protected classes", then it will not matter what the actions were because it simply will not meet the legal definition of unlawful harassment. If it is directed to him on the basis of one of these protected classes, it will be unlawful only if it occurs on mulitple occasions.... Read More

No. Unemployment requires you to be able to apply and seek work. In my experience, resigning is pretty much an automatic disqualifier that you then have an uphill battle to climb. I would encourage you to contact a SSD attorney, but you may also be able to apply for long term disability benefits.   Ohio employment lawyer http://mcoffmanlegal.com/... Read More

To be actionable (ie illegal) workplace harassment must be based on an impermissible criteria such as sex, race, age, religion, having filed a workers' compensation claim etc.  Generalized harassment because "the boss is a jerk" or "doesn't like me" is not actionble.  Neither is harassment on some more specific but not illegal ground (e.g. "I want you to quit so I can promote my friend"; "I give preferential treatment to my buddies and treat everyone else poorly", "I hate Dallas Cowboy fans").  So, in order for HR or any any lawyer or court to do anything for your fiance, he'll have to identify the reason that he his being harassed and that reason will have to be an illegal one. Unless he works for a company that has a strong and active HR Department or where the company truly values employees, it is not likely that a report to HR will do any good and it may do harm.  If he can't get transfered to another department within the company, he might consider using the rest of his time there to find a different job.   ... Read More

Employers generally are not required to allow employees time off work other than governmental service matters (jury duty, military).  However, if your employer is covered by the FMLA and you are an eligible employee, the employer would be required to allow you upto 12 weeks of leave to deal with a serious health condition.  If the FMLA applies, and you have not used your 12 weeks, you may have a legal claim. Additionally, if you are covered by the Americans with Disabilities Act (I cannot tell without a lot more information), your employer may be required to provide a reasonable accomodation to allow you to work with your restrictions even if you are not able to come back 100%. These are very complex legal claims/issues so you need to consult with an experienced employment attorney as soon as possible to fully discuss.... Read More