Maine Employment Legal Questions

Did the officer tell him that your file would be in "pending status" until further documentation was provided? This could be a matter of producing those court records of conviction/ records of adjudication from 15 years ago. Oftentimes, a simple conviction of misdemeanor theft is excused and won't subject the immigrant to grounds of inadmissibility. However, if it is more than a simple case of misdemeanor larceny, then a waiver would be a way to salvage your case. The US Citizen spouse would have to show that she would suffer "extreme hardship" if your case was denied. ... Read More

Without a written agreement, the terms and conditions of your payment would be based on what was stated orally when you were first hired, or based on the company's practices and how they paid you for the time you worked.  If payment to you was never based on payment from the end user of your product, or if they never held money back if there was an alleged defect to an item, they cannot suddenly claim these new conditions apply now. Your more practical problem depends on how much money is owed to you.  If the sum is too small, it may be a little hard to retain an attorney.  If so, your state probably has a small claims court division where you can file suit on your own.  You should first meet with an attorney to see if he/she would take the case... Read More

If your boss believes you're a bully he/she can certainly tell you that.  In fact, it seems to me that your boss is both being honest with you and sending you a message that you need to modify the way you relate to co-workers.  The fact you demanded examples indicates to me that you may have been  more inclined to argue with your boss than listen to what she was telling you.  ... Read More

The answer to your question is more complicated than you might think, and I really don't have enough information in your question to provide more than a general response.  To begin with "signing under protest" really has no effect; it simply says the employee disagrees with signing the form.  From what you describe, there is a procedure for disposing of oil product and contaminated rags which involves 2 separate locals.  These materials have to be disposed of properly or the employer can face possible violations of environmental laws.  I suspect the employer has therefore put a specific procedure in place which complies with legal and contractual requirements, and any deviation from that procedure may result in either EPA citations or grievances under the labor agreements.  As part of the process, the company insists the employees sign the form.  An employee "signing under protest" can have implications for the company in the sense that the "restriction" on the signature could be interpreted as an indication the person signing the form either didn't follow the required procedure, or is somehow challenging the procedure.  Under those circumstances, the company has decided it is necessary to take disciplinary action against employees who seek to restrict their compliance.... Read More

Although different states' laws vary in the treatment of earned vacation time as wages earned, if Maine's state law provides (as some states' laws do) that earned vacation is a form of wages or compensation for time worked, then the employer's policy providing that it won't pay employees a sum equal to the value of their earned and unused vacation time, that policy would be considered illegal.  Usually you can contact the state Department of Labor for assistance in getting such unpaid wages remitted to you. Sometimes you have to file a lawsuit to get them.    Michael Caldwell 404-979-3150... Read More