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Posts filtered by tags: Employment and Labor[x]


 

Job Resignation Letter Advisement (the Do's and Don'ts)

My question involves labor and employment law for the state of: California I'm considering resigning from a job in anticipation of new possible life changes and other career opportunities that are available to me. What are the do's and don'ts? In researching what should be put into a resignation letter, I'm a bit conflicted about what should be written in the resignation letter in terms of why I have decided to resign in the first place? In speaking with other people when asking this very ques...
Tags: Employment and Labor


Resignation: Do I Have to Pay Back Medical Leave if I Quit Upon Return

My question involves labor and employment law for the state of: Washington I currently am on medical leave, with plans on returning to work next week. Today I was offered a dream position, pending I pass the required drug screening (won't be a problem at all) and I would be foolish to turn it down with this company for multiple reasons. Does this require me to pay back any of my medical leave? I will still be able to give the customary 2 weeks of notice from my return date.
Tags: Law, Washington, Employment and Labor


Pension vs Lump Sum - Which One to Take if I Am Not Retired Yet

My question involves labor and employment law for the state of: NY I recently received a pension package from my former employer. This is the first one I have ever reviewed, and it has 20 pages which requires several signatures. In this example, let's say that I have about 25yrs until retirement, and am very healthy (let's assume I live an additional 20 yrs (85 years old)). I am having trouble finding out if I should take the monthly payment annuity (1) or lump sum (2). For example, if it said ...
Tags: Law, Ira, Employment and Labor


Compensation and Overtime: Comp Time

My question involves labor and employment law for the state of: California. We have in place a comp policy where you can make up your time. Sometimes when we make up our time it equals over time - is that allowed? Or are they required to pay us the over time or can we calculate the time to be made up in terms of the hours - example - took a day off (7.5 hrs) and then each day worked my regular time plus an hour of time making it up - .5 equal extra time - then after 8 hours it is over time wh...
Tags: Law, California, Employment and Labor


Layoffs and Reductions in Force Cease and Desist

Requested to cease contact after told to apply for postions. This is in an at will state. Legal yes but ethical after being told I could apply is questionable to me. Can I get the cease and desist removed from my record?
Tags: Law, Employment and Labor


Mississippi Board of Professional Engineers and Expungement

My question involves labor and employment law for the state of: Mississippi I was convicted of a misdemeanor possession charge that was expunged about 4 years ago. When filling out the application for licensure through the Mississippi board of professional engineers there is a question that asks if I have ever been convicted of a misdemeanor. Can I answer “no” to this question or does this board have access to my seal records? Thanks in advance,
Tags: Mississippi, Law, Employment and Labor, Mississippi Board of Professional Engineers


Disciplinary Issues: Requesting Personnel Records And/or Details on Written Warning-Denied by Employer

My question involves labor and employment law for the state of: Oregon Hello Can anyone advise me on a situation I am having at work. A co-worker and myself were having a private conversation in which we were kind of making fun of our supervisor in that she was so mean, we needed to put a cross on the door to keep her out. Just joking, nothing profane or horrible. yes, it was probably not the smartest thing to do. A week or so later, we were approached by human resources and advised that...
Tags: Law, Oregon, Employment and Labor


Non-Compete Agreements: Can Non-Compete Lock Me Out of an Industry in Arizona, Have Part of Non-Compete Type

My question involves labor and employment law for the state of: Arizona I am going to be working at Loandepot as a Loan Originator in training and I have some concerns about the non-compete agreement which I will write verbatim below. My main question is, what if I am terminated whether I was/ or was not at fault. And can Loandepot lock me out of being a loan officer completely because that is what the non-compete sounds like. It is also not tied to any one state as Loandepot has offices nation...
Tags: Law, Arizona, Employment and Labor, Loandepot, Restricted Geographic Location


Deductions from Pay: Non Compliant Pay Stubs

My question involves labor and employment law for the state of: California The first 8 months of employment my employer issued pay stubs that did not show hours accrued, applicable wage rates, accrued/used vacation/sick/PTO. And the dates of the pay period were off by 2 days. During 3rd month I switched to salary. During 9th month the company changed us all back to hourly and we began tracking time online. Paystubs finally started reflecting required info...sort of. Prior payroll was never a...
Tags: Law, California, Employment and Labor, PTO


Expenses and Reimbursement: Legal Action when They Won't Reimburse Required Cell Phones

My question involves labor and employment law for the state of: California Good Morning! I'm hoping someone can guide me in the right direction regarding violation of cell phone reimbursement. My previous employer did not reimburse anyone yet they absolutely required we be on our phones at all times. One afternoon my boss asks "Are you a doctor? Are you a nurse? No? Then you had better be responding to each and every call or message!". This topic had come up in conversation numerous times and ...
Tags: Law, California, Employment and Labor


FMLA Violations

My question involves labor and employment law for the state of Tennessee Back story: I had lumpectomy on Sept 14th for breast cancer. My husband's asked for fmla protection but took off 3 days(paid) to help me after surgery and that was all he wanted to take off. His job made him take off the whole 2 weeks that the doctor wrote on the form. Then he worked the next 2 weeks overtime and all. His boss asked him on a Tuesday how I was and he said I was good and started Radiation the next day. We...
Tags: Law, Tennessee, Employment and Labor, FMLA


Non-Compete Agreements: Employer Error in Non-Compete Agreement and Its Enforceability

My question involves labor and employment law for the state of: Florida I'm in sales and I have a non-compete with my former employer which I just left. The separation was somewhat mutual as the company is changing its business model and eliminating all staff in the position I had. As such it was not a firing, but more of a layoff. The non-compete document has a section defining what is 'prohibited competition'. In this section it specifically says: 'Employee acknowledges and agrees that a...
Tags: Florida, Law, Employment and Labor


Non-Compete Agreements: Non-Compete Agreement - for Brand New Engineering Job

My question involves labor and employment law for the state of: NJ I was hired for a new position as an engineer in a medical device company. It is very small in size, and they sent me a generic Non-Compete to review and sign. This is the first time I have read one, and had the following questions. 1. Should the Non-Compete include language about physical distance from Company where the Non-Compete is active? For example, can I work in California in the same industry? 2. It says that the Non...
Tags: Law, California, Employment and Labor, Company, Conflicting Organization


Can You Get Out of a Vague Contract That Says You Have to Pay to Replace Yourself

My question involves labor and employment law for the state of: Maryland Is there a legal limit to what can be agreed on in a contract? In my own words, the contract states that if the teacher quits early, the teacher is required to pay the school the cost of replacing them with a new teacher. Are signed contracts binding no matter how vague they are? Is there an amount of money that it would be illegal for the employer to claim they need to replace the teacher? Is there a legal way to get...
Tags: Maryland, Law, Employment and Labor


Hours: Implementing New Hours of Work; Union Shop

My question involves labor and employment law for the state of: WI Work at a small(30) union shop where contract specifies three eight hour shifts Monday through Friday, 1st 7-3, 2nd 3-11, and 3rd 11-7. New contract signed in Oct., 2018 with above hours clearly stated. Company has since eliminated 3rd shift, and wants to implement a four day ten hour shift rotation, but only for 2nd shift. As this is a unilateral change that only applies to one shift, I feel it violates the contract and shoul...
Tags: Law, Employment and Labor, Union Shop


Compensation and Overtime: Required Mandatory Overtime

My question involves labor and employment law for the state of: KANSAS I was just curious if an employer (in this case a federal government agency within the Department of Justice) can mandatory an employee to stay for an overtime shift. The scenario is this: said employee works a 2:15-10:15pm shift. The employee finishes that shift and prior to walking out the door, the supervisor contacts the employee and states they are mandating them to work an overtime shift (non emergency) from 12:00am m...
Tags: Law, Walmart, Kansas, Department Of Justice, Employment and Labor


Training: Financial Agreement for Certification

My question involves labor and employment law for the state of: Kentucky, Indiana My employer paid for me to obtain a certification and in December of 2018, I obtained the certification. Now, two months later, they want me to sign a financial agreement to repay the fees if I terminate employment within one year of the certification. They have recently cut hours to 30 per week, and I feel this is an attempt to intimidate me from considering other offers for better employment. What should I do?
Tags: Law, Employment and Labor, Kentucky Indiana


Applying for Unemployment: Can You Collect Unemployment from a U.S. Company While Living Abroad

My question involves labor and employment law for the state of: Colorado I have been working for a Colorado company but living abroad which the company authorized. I was recently laid off, am I eligible to file for and collect unemployment benefits while still living abroad? I did pay into my unemployment benefits during my 2 year tenure with the company so technically I would think I am eligible. I can apply for remote jobs and still meet the UI guidelines while continuing to live outside the ...
Tags: Law, Colorado, US, Employment and Labor, U S Company While Living Abroad


Layoffs and Reductions in Force Laid Off from a Us Company but Living Abroad and Collecting Unemployment

My question involves labor and employment law for the state of: Colorado I have been working for a Colorado company but living abroad which the company authorized. I was recently laid off, am I eligible to file for and collect unemployment benefits while still living abroad? I did pay into my unemployment benefits during my 2 year tenure with the company so technically I would think I am eligible. I can apply for remote jobs and still meet the UI guidelines while continuing to live outside the ...
Tags: Law, Colorado, US, Employment and Labor


Getting Fired: Can I Be Denied Promotion/Fired if Current Employer Finds Out About Convictions

My question involves labor and employment law for the state of: California Ive been working at my current job for about a decade and am up for a promotion. The problem is that I was convicted of two misdemeanor DUIs over the last 5 years (most recent conviction was about 7 months ago, although the arrest was over a year ago). My employer has no knowledge of either conviction and neither my current position or my potential future position would require me to drive for work or have a valid driver...
Tags: Law, California, Employment and Labor


Hiring: Is Signing 2-Page Job Offer Legally Binding (Non-Compete)

My question involves labor and employment law for the state of: NJ I recently received a job offer in NJ. The company has some trade secret technology. It includes a statement similar to the one below: Your employment with the Company is for an indefinite term and nothing in this letter modifies your at-will employment relationship with the Company. Further, your employment will also be subject to the Company’s “Personnel Policies,” your entry into a Confidentiality, Invention Assignment and No...
Tags: Law, Employment and Labor, Company, Company s Personnel Policies, 1st Company


Safety and Health: Bedbugs in the Office

My question involves labor and employment law for the state of: Delaware I work for a national company of about 20,000 employees. There are about 200 employees who work out of my building in Delaware. We are in an office environment. Bed-bugs were recently found in one of the shared offices. While the source (person who brought them in) is suspected, we have no solid proof that it was him. Many of my coworkers, including myself, do not feel that the company is properly cleansing the office...
Tags: Law, Delaware, Employment and Labor


Employer Forging Signatures

My question involves labor and employment law for the state of: ca I’m not sure if this is tied to my work comp claim so I posted here. I received the internal file from the employer and I noticed that they forged my signature on several documents. They were too lazy to check the dates because some of those documents were signed after I was no longer working there. Is it to late to file a lawsuit. It’s been two years but I just saw these documents today.
Tags: Law, Employment and Labor


Job Benefits Not Being Compensated for Hours Worked

My question involves labor and employment law for the state of: Indiana I was working for a lady selling LuLaRoe clothing out of her home. She was compensating me with $15 an hour which I then had to use to purchase clothing. This worked well for over a year. We signed nothing, it was just a verbal contract. I am up to my eyeballs in clothes and asked her if I could take money this year in lieu of clothing. She now has 2 other employees that she pays in cash. She did not want to pay me ...
Tags: Law, Indiana, Employment and Labor


Background Checks: Getting a Job with a Misdemeanor

My question involves criminal records for the state of: California. I'm looking for work at the moment to try and take care of school and car expenses. I reapplied to Amazon after working there two years ago, and have to go through their process all over again, with a pending start date of March 1. That said, I still have a hit-and-run charge from last April (the incident was in April, the hearing in December) on my record. What companies, if any, will hire if I have that on my record? And shoul...
Tags: Amazon, Law, California, Employment and Labor


Behavior Regulation: Warehouse Worker on Medical Restrictions

My question involves labor and employment law for the state of: Pennsylvania can a company hold employees on medical restrictions to the same working rate as the rest of their employees? i work in a warehouse where were required to pick/pack/etc at specific rates. this is difficult to maintain daily, all day long for most everyone. but even more so for those of us on restrictions with the pain we are constantly in. they have been writing us up for our "performance" not being up to par. and hav...
Tags: Law, Pennsylvania, Employment and Labor


Former Supervisor Possibly Giving Poor Reference

My question involves labor and employment law for the state of: CA I am a "new" graduate (finished last Spring) looking for a full time job. I have no other work experience aside from an unpaid internship that was part of graduating requirements. My supervisor at this internship is my sole professional reference. I thought I did well when working under him because he gave me a good "performance appraisal" at the end (a good review was required to graduate). Since June of 2018, I have had *man...
Tags: Law, Employment and Labor


Does the ADA Protect Me Here

My question involves labor and employment law for the state of: Texas, I am clinically diagnosed ADHD and prescribed stimulants for it. Believe to my knowledge it Varys on who they are allowed to drug test if they are a private or public company. I know that certain medications can cause false positives for narcotics. So I’m wondering if I’m required by law to inform them of being ADHD and that I take medication for it? If my urine comes back positive, where do I go from there?
Tags: Texas, Law, Ada, Employment and Labor


Harassment: Seeking Advice on Some Peculiar Abusive Situation

My question involves labor and employment law for the state of: Missouri Hello, I have a female friend who lives in Missouri and started working at a company a few months back. She's a former victim of domestic abuse and rape. She was approached by someone higher up at the company who offered her money in exchange for enabling some of his kinks, as she was complaining about her job.She said yes and quit her job. Since then, he pays her bills and gives her a very small amount of cash, but she e...
Tags: Law, Missouri, Employment and Labor



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