| Subject | Date Asked |
|
| laid off | 3/3/2008 |
Q: I was laid off last wednesday to my disbelief. however i have been on medical leave from an airline ...
A: You can only obtain UC Benefits if you are "able and available" for work. Now, in your case, you ...
|
| FMLA AND UNEMPLOYMENY | 2/26/2008 |
Q: I am currently on FMLA and my 12weeks are about to end, and I still will need time off after the ...
A: You may be eligible for UC Benefits but you must be able and available for work. It appears that ...
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| Vacation payout and unemployment | 2/25/2008 |
Q: I was laid off in mid-January and have been receiving unemployment seamlessly since. However, I was ...
A: Good news - you do not need to let the UC Office know about that money. They are interested in ...
|
| Overpayment of wages | 2/22/2008 |
Q: Good Afternoon, My husband was terminated from his job Nov 9, 2007. Today he received a letter that ...
A: Was he in fact overpaid? If so, why? He should make arraignments to repay the money, I am sure he ...
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| employment laws--termination | 2/14/2008 |
Q: I live in the state of Michigan, and was recently terminated. I want to know if there is any legal ...
A: Unemployment Benefits and your other benefits are in no way related. Whether you receive UC ...
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| Fired/unemployment | 1/20/2008 |
Q: If I have been terminated by my company because of loss of work time due to migraine headaches, can ...
A: You can still file - but this is correct: To receive unemployment compensation after quitting a job ...
|
| Paid Vacation | 1/18/2008 |
Q: I have been at my job for over 2 years here in Kansas. Our handbook states that full time emplyees ...
A: Vacation time is not governed by any law and is at the discretion of your employer. If you were ...
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| termination vacation time | 1/18/2008 |
Q: i gave a two week notice of resignation the Friday before Christmas - later that day I was called in ...
A: Vacation time is not governed by any law and is at the discretion of your employer. If you were ...
|
| Vacation pay deductions etc. | 1/18/2008 |
Q: This past October I was terminated from a job. I had accrued vacation time but what was on my pay ...
A: Vacation time is not governed by any law and is at the discretion of your employer. If you were ...
|
| Final Paycheck | 1/17/2008 |
Q: David, I was hoping you could tell me what Oregon Law states regarding final paychecks. My husband ...
A: Leslie: Your husband's final check is due on the last day that he works. However, if he is paid ...
|
| Required to work w/o Pay | 1/17/2008 |
Q: My partner works for a landscaping company in Atlanta, GA and told me something disturbing today. ...
A: It does not sound legal at all - I suggest you contact the GA Dept. of Labor and file a complaint ...
|
| Several questions in reference to being terminated | 1/16/2008 |
Q: I am hoping you can help me. I was a temp worker of a apartment leasing office and was brought out ...
A: As an "at will" employee your employer can terminate you at any time for any reason or for no reason ...
|
| Several Questions | 1/15/2008 |
Q: 1. I do not get paid vacations or paid sick leaves. Am I still entitled to vacation days with out ...
A: 1. You are not entitled to any time off under any law, paid or unpaid. This is totally at your ...
|
| are you required to find a replacement for your shift? | 1/10/2008 |
Q: My fiance just called me from work to tell me that his boss has given him a written warning for ...
A: Unless he is working under an employment contract he is an at will employee. This means he can be ...
|
| Vacation Pay Revoked | 1/10/2008 |
Q: I'll get right to the point. My father works at a golf course. He was originally a full-time ...
A: It does not appear so - if he already earned the vacation pay then they must provide it. His 1st ...
|
| Unable to continue working due to injury | 1/10/2008 |
Q: I need advice. I was in a car accident 5/07 and fractured my coccyx (tailbone) it is so difficult ...
A: You can leave the job and collect benefits. Initially, you will have to provide your employer with ...
|
| Notice regarding not accepting Benefit change | 1/9/2008 |
Q: Facts: I accepted employment with a company that offered tuition reimbursement. The reimbursement ...
A: The UCC applies to contracts between two businesses, not an individual and an employer. Further, it ...
|
| Withholding paycheck | 1/6/2008 |
Q: I work for a limousine service. The owner put out a memo stating that before employees can receive ...
A: Your employer cannot withhold your pay once it is earned. If your employer makes maps a part of the ...
|
| Loss Revenue Charge Due to Quit | 12/23/2007 |
Q: My daughter, age 19, worked at a small privately owned food business. She was not getting paid ...
A: It is illegal for the employer to hold your daughter's pay. You will not be saving the taxpayers ...
|
| When a company hires my corporation | 12/22/2007 |
Q: I am an actor. I want to incorporate. When I work on a film, they will be hiring my corporation ...
A: That would depend on the film company. There is no legal reason why they woudl need any of your ...
|
| employee quitting | 12/14/2007 |
Q: I recently had two employees quit with out any notice both just did not come back. They both had ...
A: I assume that these employees are "at will" employees - meaning that there was no written employment ...
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| non-compete clause | 12/11/2007 |
Q: My wife is currently an instructor for a cosmetology school. Her boss has recently demanded that all ...
A: Initially, non-compete agreements are generally very difficult to enforce. In order for the ...
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| Non-Compete | 12/3/2007 |
Q: We are a recruiting firm. We had a recruiter come to our office after being fired from another ...
A: It will be difficult to enforce any non-complete. You should consult an attorney in your area. ...
|
| boss doesn't pay employees | 11/22/2007 |
Q: I currently work at a local fine dining rest, but my boss doesn't give the employees paychecks. I've ...
A: I do not know what state you are located - but in any event, contact the State Department of Labor ...
|
| Quit and got no paycheck | 11/15/2007 |
Q: I recently started a job and when I was hired on was told we would be getting an hourly wage. After ...
A: They are not - Contact your State's Dept. of Labor and file a Complaint. I also suggest that you ...
|
| Pay Raise along w/ reduced hours... | 11/2/2007 |
Q: I've been working for this company now since 6/2004. In 12/2005 the company was sold and under new ...
A: You have no legal rights. You are an at will employee and you work at the employers discretion - ...
|
| Unfair termination | 10/29/2007 |
Q: I live and worked in Carrollton, MO at a group home for mentally handicapped individuals. I began ...
A: Apparently you can - is there an appeal process? I suggest that you appeal any determination and ...
|
| Overpaid Commissions | 10/28/2007 |
Q: I work for a large company at an executive sales level. I live in Texas. My commissions can be ...
A: There is nothing under Texas or Federal law that I am aware of that woudl govern such a situation. ...
|
| Overpaid Commissions | 10/28/2007 |
Q: I work for a large company at an executive sales level. I live in Texas. My commissions can be ...
A: Your options are very limited becuase you cannot say for certain whether the company is correct. ...
|
| Hairstylist non-compete contract | 10/16/2007 |
Q: I need some advice. I was at my last salon for 7 years, built a loyal client base and made great ...
A: You certainly can negotiate this portion of the agreement. I would suggest that you get something ...
|
| Withold 1st paycheck | 10/5/2007 |
Q: My husband started a job with a new company on Sept 1,2007, and they told him they would hold his ...
A: It does not sound legal at all! If he is paid by the hour then he should relive his pay on a weekly ...
|
| few problems... | 9/27/2007 |
Q: I'm an employee in Pennsylvania and my questions in a nutshell would be... Can my employer change my ...
A: Unfortunatly as an "at will" employee your employer can do this to you and you have little recourse. ...
|
| Scheduling Discrimination/Disability | 9/27/2007 |
Q: I have worked for a performance based government agency for over five years. When I first started, I ...
A: It does smack of disability discrimination. You should take action at once to protect your rights ...
|
| Job Abandonment | 9/26/2007 |
Q: I have been V.O. for 7 years. My supervisor has indicated that I have to start reporting to the ...
A: I order to collect UC Benefits you must become unemployed through no fault of your own. When you ...
|
| LAID OFF | 9/26/2007 |
Q: I WAS LAID OFF ON FRIDAY WE WERE TOLD WHEN WE CAME IN THAT OWNER WAS CLOSING THE SHOP I WORK AT FOR ...
A: It appears that you have been terminated - the good news is that you can collect UC Benefits. You ...
|
| breaks | 9/24/2007 |
Q: i am a manager parttime and also a server, however to avoid overtime pay my G.M. told me i have to ...
A: You should weigh your options and consequences if you just refuse to work while clocked out. You ...
|
| Payroll check for bi-weekly employee | 9/9/2007 |
Q: I just started a new job August 16,2007. My employer said I would be two weeks in the hole. Meaning ...
A: Nikki: This is something that you need to take up with your employer - I have no idea why you have ...
|
| Laid off | 9/9/2007 |
Q: I worked for a small hospital within a larger corporation (Tenet). Without any warning they laid ...
A: The short answer is yes - you can be terminated for any reason at any time or for no reason at all. ...
|
| fingerprint timeclocks | 9/7/2007 |
Q: My public higher ed university has just purchased a timeclock that requires the fingerprint of an ...
A: The Courts have held that it is not a 4th Amendment Violation becuase the employees "choose" to work ...
|
| My paycheck was late | 9/6/2007 |
Q: I work at a fast-food place. we get paid every two weeks and as you know the first two weeks are ...
A: Yes you can - your local Department of Labor is a good place to start - call them ASAP and explain ...
|
| Paychecks | 8/30/2007 |
Q: At the company I work for, we are scheduled to be paid the 1st and the 15th of every month. Our ...
A: I do not believe that it is. I am confused as to why the USPS takes 6 days to deliver a letter to ...
|
| wrongful termination | 8/22/2007 |
Q: After questioning office manager in dental office on legality of something she wanted me to do she ...
A: There is no real common law cause of action for wrongful termination in Florida, that state has an ...
|
| 1099 mandotory work | 8/21/2007 |
Q: I'm am now a 1099 employee after they changed our inatial contract we had singed and drawn up for a ...
A: Well, I would need to read the "Contract for Life" to see the terms and conditions. However, it ...
|
| docked pay | 8/8/2007 |
Q: A friend in I, in Kentucky work for an employer as hourly employees at a restaurant and clock out ...
A: I am little unclear- you were not docked any time so I see nothing illegal. Had your employer ...
|
| enforceable contract question | 8/2/2007 |
Q: My wife was informed this week that her position of Assistant Manager (real estate office) ...
A: Covenants restricting employment are usually unenforceable in most states. In order for the ...
|
| Commission | 8/1/2007 |
Q: I worked for an IT staffing company in Nebraska and we were paid a monthly commission for each ...
A: I suggest that you issue a demand letter to your employer to first determine their position. This ...
|
| No reason for termination | 7/31/2007 |
Q: My fiance was just fired today for basically no reason. The Manager claimed because he smokes on the ...
A: Unfortunately, there is not cause of action in Pennsylvania for wrongful termination. As an at will ...
|
| legal working age in CA | 7/26/2007 |
Q: I have just turned 15 and I want to buy a car and my step-dad says he will go 50-50 on the price. I ...
A: Minors 14 to 15 years of age may work up to 3 hours on a school day, 8 hours on a nonschool day, and ...
|
| Open Workmans Comp claim | 7/24/2007 |
Q: I heard some people are getting let go and I might be one of them. I got hurt on the job last month ...
A: I have very little WC experience so I will do my best. It is my understanding that your claim will ...
|
| employee liability for past overcompensation | 7/23/2007 |
Q: My wife joined a university five years ago as an assistant professor. Her Phd was not completed ...
A: First, you say that "Her supervisor either stated or implied that this was their choice since the ...
|
| commission | 7/16/2007 |
Q: I put in my 2 week notice and with my current job and I am a sales person. I have a base salary and ...
A: It woudl depend on each company - but the general rule of thumb is that you get your commission ...
|
| Tuition advancement | 7/12/2007 |
Q: Is there any unforseen problem in advancing our workers tuition payment? we advance them the cost of ...
A: Is the class work related? What does the grade have to do with any adjustment? Are you paying for ...
|
| punching out for lunches | 7/11/2007 |
Q: in the baking industry we have very parishable product, that being said, the problem we are having ...
A: There is no law that states you are out of line. If it is a job requirement then the mechanic must ...
|
| Restaurant Law | 7/10/2007 |
Q: Can an owner charge a server for a check that was not paid by a customer ?
A: Although I feel that this is illegal, it might come down to whether you want to keep your job. No, ...
|
| termination | 7/4/2007 |
Q: I was recently fired from a Deputy Clerk position, while in my probationary period. After receiving ...
A: First of all in order to provide you with case law I would need to know what state you are in. ...
|
| unjutly termination | 7/3/2007 |
Q: Can I be fired from a job for violating a company rule - when there are no written rules or ...
A: What state are you in? In PA (and most other states) your former employer will have to show that: ...
|
| uncollected income after termination | 7/3/2007 |
Q: My wife was recently fired from her position with a local Salon/Spa. Termination date - Monday June ...
A: Each state is slightly different - but the law (usually) is that the employer must pay the employee ...
|
| I just got fired | 7/2/2007 |
Q: I don't even know if I'm in the right category. I was fired on Saturday for two reasons: I used ...
A: I do not what state you are in so I will give you the general answer - Unless you are part of a ...
|
| PTO Policy for Salaried Employees | 6/26/2007 |
Q: Can an employer charge you PTO and force you to either use your PTO bucket or force you to make up ...
A: I do not believe that any state has a law that governs this area. If your employer has a policy ...
|
| Forced Vacation | 6/25/2007 |
Q: I am a salaried employee. The owners of the company I work for (husband and wife) and going to ...
A: I believe that they can force you to take a week off if the office is closed. There is no law ...
|
| Time card approvals | 6/20/2007 |
Q: Who approves time cards first - employee or employer. Right now, I ask the employee to approve their ...
A: There is no law on this - the only law is that you must pay the employee as per the agreed upon rate ...
|
| Promotion leapfrog | 6/19/2007 |
Q: After returning from a 2 week holiday, I am told that a member of the team I lead has been promoted ...
A: So long as the promotion is not discrimination against persons of a protected class, the employer ...
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| Immigrant child law | 6/18/2007 |
Q: We hire teenagers every summer for our "park and trails" department. We have recently interviewed a ...
A: This question is a little outside my area of knowledge. I did a quick research on the subject and ...
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| Benefits to part-time employee | 6/17/2007 |
Q: I live and work in Arizona for U-Haul. I am designated as a part-time employee and receive no ...
A: I do not believe that your employer has to offer you benefits no matter what your status. However, ...
|
| reapply | 6/16/2007 |
Q: I have recieved unemployment for 6 months until it ran out...I am wondering if I can re-apply ? I ...
A: Unfortunately, it appears that TN only allows you to obtain 26 weeks of benefits at this time. Like ...
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| unemployment benefits in NJ | 6/5/2007 |
Q: I was fired from my job on may 1st 2007. In NJ you are penalized for 6 weeks, from collecting ...
A: Jim: I am not familiar with any reason why you would have to wait six weeks - perhaps you have a ...
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| after work | 5/31/2007 |
Q: it was my understanding that when you leave your job that your health coverage will continue for 30 ...
A: Yes, your employer has to allow you time to select COBRA benefits of seek other health coverage. If ...
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| Two Weeks = 10 days | 5/17/2007 |
Q: Is two weeks notice equal to 10 business days from the day you turn in your letter to your employer?
A: No usually, unless the contract or employment agreement specifies otherwise, two weeks is 14 days. ...
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