Employment Legal Questions & Answers

I recently received a job offer. Prior to receiving the offer, the company requested my date of birth and social security number for the purpose of conducting a background check. I have a domestic battery felony on my record, but I have not filled out an employment application ...

What is, by law in the state of Maryland, the required amount of time to give an employer a formal resignation? Can a Christmas bonus already given be affected?

Only twenty-one states have any form of meal period requirement for private sector adult work...

Is it legal to make an employee work 8-10 hours without giving him/her a chance for a lunch break or a rest break? I am working in a nursing home care center and am on my feet for most of the day.

If a employee gets new time off benefits staring January 1, and she only works January 2 and then sends a letter on January 15 that she quits, do we still have to ay her vacation benefits for the new year?

Is it a law in the state of North Carolina for employers to give cost of living raises to their employees?

What are the rules regarding the 72 hour time limit in connection with my last Paycheck after I was terminated?

Is an employer allowed to terminate you due to a background investigation without disclosing the issues that were revealed?

Is there a wieght limit to what women are required to lift? I thought women was to lift a max of 40 lbs. and men was 70lbs. before getting help. My wifes employers docter wants my wife to lift 75lbs before she can return to work after having a hysterectomy.

If I quit my job with one week of vacation time, am I entitled to be paid for that time?

What is the status of breaks in the work place? Also, the smoke free law is vague. I work in a place where we plasma burn, weld etc. Tell me more.

Recently my place of employment told us that we had to wear a certain color scrubs or we would get points and then eventually be suspended, first is this legal? Are they supposed to give us an allowance for these uniforms they want us to wear. I am an emergency room technician an...

I am a deputy assessor in the state of Indiana. Under IC 36-6-8-10 it says we shall, and have always been for 34 years paid per diem, for a certain number of days. Our council now says that Federal Law says we must be paid per hour. I cannot find anything that says this.. Is it ...

I am a vendor for a company in Braintree, Massachusetts. When I check in for work to get a vendor badge, they make me give them my Massachusetts Drivers License. I feel very uncomfortable leaving this with them for 8 to 10 hours at a time and I feel I should have my license on ...

My employer has been caught for workers compensation fraud and now he is working 15 employees with out workers compensation. What can I do about this problem?

I have worked a lot of different jobs and I am now looking for employment again. I need to get an employment history on myself. How do I do that?

As a result of a post drug screen my employer had me sign a Last Chance Agreement which stated that I would attend drug counseling and submit to weekly testing. He set up the counseling and loaned me the money for it. Four days later and before the counseling has begun he told me...

At my previous employer, it was stated at the time of hire and also during the training period that if we did not score a 90 or better on the assessment test after the training process we would be terminated. Once I received the call from the training department that my score was...

I am the president of my own company. I also work independently as a freelancer for a couple of companies. My question is: How long does a company have before they are obligated to pay a freelancer legally in NY.

There is some reluctance by courts to allow an employer to recover compensation paid to an em...

My employer overpaid me and is requiring me to pay this money back. Am I required by law to repay this amount?

Please read the case at the following link which contained some of the same issues as your hus...

My husband recently left a job for better paying position with another company in the same field. The new company does not do offer letters, but we do have e-mail of the exact salary he was to be paid. The verbal agreement was that he was to be hired for a specific position pay...

Is it legal for a company to employ you with a unsatisfactory background check, knowing the offense is against company policy, not inform you that the offense prevents you from being employed with that company and then the company discharge you 3 months later because of the same ...

Can a employer deny you a copy of your persnnel file?

I recently left another job to take a sales position. This position has a guarantee of minimum wage if commissions greater than that are not earned. Basically, I will be paid which ever is more. I am expected to work a total of 43 hours each week, Tuesday through Saturday, and it...

Why are signature blocks put on rules,regulations,and policies that employees have to read and acknowledge to reading by initialing each page and signing the last page?

Can you let me know if a signed employment at will contract which included a 90 day notice period is legal? I have recently given notice and my firm is holding me to a 90 day notice period and they are making me go into the office each day.

In July, I received a letter of corrective action from my supervisor accusing me of discussing confidential personnel matters with other employees. I am innocent. I signed the letter acknowledging the allegation and conversation that we had prior to be presented the letter. I ...

Idaho unemployment benefits provide temporary compensation to those workers meeting the elig...

Does an employee have any rights if he/she has been fired and denied unemployment wages because of lies told by the firing manager. I know there is an appeal process. Is it better to have a lawyer involved?

We are assuming that your job is not regulated by a state or federal agency. Regarding hours ...

Can a company make you work seven days a week?

In most instances, the employment contract will not state its expiration date. In such a case...

I HAVE BEEN ENPLOYED WITH THIS COMPANY FOR OVER 12 YEARS.WAS WRONGFULLT TERMINATED.CAN I SUE?I HAVE NO PRIOR WRITE UPS ETC.

In most instances, an employment contract will not state its expiration date. In such a case,...

About a month ago I was terminated due to a medical illness. I had notes from my Doctor stating that I needed to stay home from work. Can legal action be taken against the company for wrongful and unlawful termination?

I have been working in a CPA firm for 29 years and have been a partner there for 17 years. The senior partner is retireing. The other two partners are buying his shares with the condition he retires in 30 days and they want me out in 30 days. I was never informed of their decis...

what is the law in Indiana for breaks/lunch break? my employer says they do not have to give breaks of any kind.

Under the Fair Labor Standards Act, certain employees are excluded from the requirement of ove...

I was hired as a salaried retail store manager and told my work week would be 40 -45 hours per week. This was verbal. I am now expected to work a lot more. Recently I have logged well over 60 hours but my check still says 40 hours. Is there any rule or law governing extra pay for...

Nepotism is typically only outlawed in certain public employment. Private employers may issue ...

My daughter has worked for a Dairy Queen in Great Falls Mt. for the past 10 years. She was made general manager back in March of this year. Is it lawful for a boss to hire their own family (daughter and son) and knock you back down to manager, just so the daughter or son, can ha...

moral turpitude....it did not mention "adultery"? Is ADULTERY considered legally as moral turpitude to dismiss an employee, when the adultery commited was NOT done on company time? rnMy son's company confiscated his computer and found information that he had gone to "ESCORT" site...

I work for a company that is trying to make me quit my job. If I quit, do I get my vacation pay? I'm up for my 2 week vacation now.

The Fair Labor Standards Act (FLSA) does not require payment for vacations or holidays (federa...

I had a verbal agreement with the owner of the company that in 2007 I would get 5 sick days and 10 vacation days with pay. He is now trying to use Memorial Day, July 4, and Labor Day as "vacation days", when in fact the entire company was closed on those days. What recourse do I ...

There is no federal law that requires an employer to provide time off, paid or otherwise, to e...

I am a teacher in a central New Jersey school system who is being asked to attend an in service day on a federal holiday (Columbus Day). I chose to observe the federal holiday with my family and not attend the scheduled in service program. The school district was closed for stu...

Is is legal for teachers to clock in on a time clock since we sign a contract and are salary?

On all my work place, (10 or more sites)I have been harassed by East Indians who would tell co-workers that I am a bad person in my country. They (co-workers) will try to entrap me by starting conversations that is demeaning and in some instances, have women come on to me. Is thi...

People with alcoholism who are substantially limited in a major life activity will have a disa...

Can a perspective employer discriminate against a recovering alcoholic if the question is asked, "have you been treated for a drug or alcoholism problem?"

I contributed $50/month into a flexible spending plan in 2007 working for MarineMax of Clear water, Florida. On 9/21/07 I resigned from Marine Max with 3 weeks notice. Subsequently, I've incurred eligible expenses to be submitted for reimbursement from my flexible spending...

As a current employee, I was recently placed on administrative hold pending my termination due to my job performance. During my six months employment, I never received any verbal or written performance reports. Does that violate my employee rights? As of date; to protect my reput...

If I lay someone off, can I hire a replacement for less money and not offer the job back to the person I have laid off?

Can an employer (dentist) hold a check (final) until employee submits a letter of resignation? My wife was shorted 14 hours on her last paycheck. In discussion about shortage, my wife was informed she had to write a letter to the dentists' husband who writes the checks. My wife ...

I recently received notice of a disciplinary action and possible loss of pay at my job. The reason was because I did not attend a training class. I work nights exclusively and the time of the class was during the day. I felt too physically exhaused to even try to participate. PL...

Does a potential employer have a right to request driving records of new applicants especially when no driving or company car is required for position? I had a DUI in 2002 and an OWI in 2006. I have not consumed any alcohol since September 8, 2006 and regularily attend AA meeti...

If a non US citizen does not have a social security number or work visa can they submit a Individual Tax Identification Number (ITIN) or (TIN) in its place to an employer? If said individual plans on obtaining a work visa at a later date will using a TIN to obtain employment hind...

Can Past Practice pertain to legal issues other than Labor Agreements, even if by another name? This pertains to an incorporated organization (Fire Dept.)

What information can a former employee give a prospective employer about a former employer within the law?

Can a principal tell a teacher that she/he cannot speak to school board directors without his permission outside of school hours? I am being 'reprimanded' for speaking to school board members on my own time. There is no written policy on this. Also, I am a member of a political ...

Employee's employment contract provides for a severance if employee is terminated within one year from date of agreement, but contract does not have an expiration date. Does the contract automatically renew if it does not contain a expiration date and if so, does the severance cl...

If an employee resigns and is then reinstated, are there any rules for back pay for the time not working?

If a company requires you to go and get certifications for your job, are they required to pay for books, training, testing, and your time?

I was employed by a bank who is an at will employer. I was let go because of lack of production (commercial lending). My supervisor held back legitimate business I had brought in. They were viable deals that would have resulted in meeting and exceeding my lending goals that wer...

I have an employee who questioned his commission check every month. My office manager would go over the totals and show him they were correct. She asked him to look at his totals daily so any correction could be made at that time. He would not sign the total tapes and turn them i...

In a merger, should existing employees be made to fill out an application like a new hire?

Who is responsible to pay for the content of a delivered goods if there is a missing item? Is it the person who signed and received the delivery? Or the person who first opened the box and check the content? Or is it the person who throw the box away without knowing that there wa...

Can an administrator change a teachers working hours from days to nights and force them to teach in a non-certified area after 11 years in the same position?

Regarding at-will employment termination. I was notified of termination on 03/11/09. I was not given a reason either verbal nor written before being escorted out of the building. Due to the economic market conditions I did not question the termination. On 05/19/09, I learned of...

Is it illegal to use as a reason for termination- the length of time in a position for a long service employee- for termination in an Employment at Will State?

As a part-time Chaplain for a retirement community I work from 6 to 8 hours a week in the Chaplains' office and another 4 or 5 hours a week at home, using my home office equipment. My major responsibilities include organizing, from a corps of volunteers,the musicians and worship ...

I am a RN. Employed by AZ. State. Charges were brought against me at work for misconduct and neglect of duty. I was denied to use patient records to defend myself as my employer stated HIPPA regulations. However, these client records and reports were used against me. I was placed...

If our policy is to conduct background checks on new hires do i have to conduct them on all new hires if only certain client contracts require it. Is it a requirement that in the case where I do conduct the checks, that i put a contingent job offer in writing?

i drive semi over the road for a living. i have drove for 23 years and it is a common practice for trucking companies to require us to sit for up to 3 hours free getting loaded and unloaded, further, at their discretion, they refuse to pay layover pay when we are required to sit ...