Employment Legal Questions & Answers


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Category: Employment
Are Employers required to deduct a lunch hour from employees or is this optional?

Are Employers required to deduct a lunch hour from employees or is this optional?

01/10/2007 | Category » Employment  State » NY  #325
Can a company terminate me for a felony on my background check if they hired me prior to checking it

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 ...

01/10/2007 | Category » Employment  State » IN  #331
What recourse do I have against the company that terminated me for stating I quit my job?

I was terminated from my job of 5 years and at mediation the company said I quit my job. That was not so. I had a witness who signed the paper that I signed that said that I was terminated. I was under a lot of stress because of harassment by owner's daughter.

01/10/2007 | Category » Employment  State » CA  #332
Where can I find information about overtime pay for salaried employees?

Where can I find information about overtime pay for salaried employees?

02/01/2007 | Category » Employment  State » US  #957
If an employee works less than two weeks at new job do we still have to pay vacation time?

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?

02/01/2007 | Category » Employment  State » IL  #992
What can I do if my employer has not paid me in three months?

I worked in childcare for three months and have not gotten paid as of 1-31-07. What should I do?

02/01/2007 | Category » Employment  State » LA  #1236
Is it a law in North Carolina for employers to give cost of living raises to their employees?

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

02/01/2007 | Category » Employment  State » NC  #1344
Can employer charge employee for the training employee received before leaving company?

Does an employer have the right to charge an employee for the training the employee received if he or she leaves their position with the company?

02/01/2007 | Category » Employment  State » NY  #1403
How much time is required by law for a formal resignation to an employer?

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?

02/16/2007 | Category » Employment  State » MD  #736
Can an employer terminate you for seeking substance abuse treatment?

Can an employer terminate you for seeking substance abuse treatment?

03/02/2007 | Category » Employment  State » PA  #774

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.

03/02/2007 | Category » Employment  State » WY  #784
What is the law regarding receiving my last paycheck after termination?

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

03/19/2007 | Category » Employment  State » CA  #1744
Can my employer require me to take part in an exit interview?

I submitted my resignation 3 months ago. That date is here tomorrow. I have been told I have to take part in an exit interview. Are they mandatory? Can they withhold my pay if I refuse? What's the impact if I do refuse?

03/27/2007 | Category » Employment  State » FL  #2226
Is an employer allowed to terminate you due to a background investigation without disclosing why?

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

03/28/2007 | Category » Employment  State » PA  #2259
Can a Goverment contracted employer legally make the employees invest their Healthcare allowance?

Does a Goverment contracted employer have a legal right to make the employees invest their Health and Welfare allowance, that's given to them by the federal government in a 401k plan, profit sharing plan or a IRA? This Health and Welfare is given to the employees to use as they ...

03/28/2007 | Category » Employment  State » TX  #2300
Is there a wieght limit to what women are required to lift at work?

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.

04/01/2007 | Category » Employment  State » MO  #2454
Where can I get an application for a workers compensation waiver?

Where can I get an application for a workers compensation waiver? It has to do with construction projects.

04/03/2007 | Category » Employment  State » AR  #2528
Am I entitled to be paid for my vacation time even if I quit my job?

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

04/04/2007 | Category » Employment  State » NY  #2597
In Maryland, are there legal ramifications to firing an employee with no written contract?

In Maryland, are there legal ramifications to firing an employee with no written contract? Employee is no longer doing her job effectively. We would like to terminate her at the end of the school year.

04/06/2007 | Category » Employment  State » MD  #2710
How does an employer determine if employees can take breaks?

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.

04/07/2007 | Category » Employment  State » NJ  #2747
If I am an at will employee and my employer terminates me, can I still collect unemployment?

I am an "at will employee". If my employer decides to terminate my employment, will I be able to collect unemployment benefits.

04/09/2007 | Category » Employment  State » IL  #2841
Is it legal for my employer to force us to wear certain color uniforms that we purchase ourselves?

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...

04/10/2007 | Category » Employment  State » NJ  #2891
What is the legal amount of time off for "paternity leave"?

What is the legal amount of time off for "paternity leave". We are a small company with only 4 employees located in Los Angeles.

04/11/2007 | Category » Employment  State » CA  #2956
How are deputy assessors in the state of Indiana to be paid?

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 ...

04/12/2007 | Category » Employment  State » IN  #2999
How do I make sure I will receive my past paycheck if my employer is filing bankruptcy?

My former employee has failed to pay me. I have reported it to the Department of Labor; however it has been brought to my attention that he is about to file chaper 13 bankruptcy. What do I need to do to ensure I get my money, the money I have already worked for.

04/13/2007 | Category » Employment  State » GA  #3053
Is it legal for my employer to hold my state drivers liscense during work hours?

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 ...

04/15/2007 | Category » Employment  State » MA  #3104
Can my employer change the times and days that I work without my permission?

For the past six years, I have been schedule to work a 5am to 1:30pm shift. It was agreed upon when I transfer to another department. I feel there is a past practice law being broken, this was the agreement with my boss and my manager. Now I am told I can't work this anymore. Als...

04/25/2007 | Category » Employment  State » PA  #3310
What can I do if my employer has not workers compensation due to fraud?

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?

04/25/2007 | Category » Employment  State » TN  #3316
How long do employment applications need to be kept in Illinois before they can be shredded?

How long do employment applications need to be kept in the state of Illinois before they can be shredded? Does it make a difference if you are an employment agency?

05/01/2007 | Category » Employment  State » IL  #3505
Is there somewhere I can get a copy of my employment history?

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?

05/02/2007 | Category » Employment  State » NC  #3565
What can I do as a manager and the employees are not doing their work?

What can I do as a manager and the employees are not doing their work or completing assignmeIf the police ask you to take a polygraph do you have to?nts given to them?

05/03/2007 | Category » Employment  State » TX  #3657
Can my employer prohibit me from returning to work until I complete drug counseling?

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...

05/03/2007 | Category » Employment  State » CA  #3677
What exactly can a previous employer legally tell a prospective employer?

I have recently been terminated from my job. I am also currently applying at different locations for a new job. If a perspective employer calls a previous employer in regards to me, what exactly can the prospective employer ask the previous employer and what exactly can the previ...

05/05/2007 | Category » Employment  State » AR  #3824
Can an employer withhold vacation pay if I was terminated?

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...

05/05/2007 | Category » Employment  State » PA  #3830
Where can I find Illinois statues regarding constructive discharge of an employed individual?

Where can I find Illinois statues regarding constructive discharge of an employed individual?

05/08/2007 | Category » Employment  State » IL  #4137
Is there a law that states the amount of time an employer has to pay an independant contractor?

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.

05/08/2007 | Category » Employment  State » NY  #4162
What are my options for collecting my last paycheck at my previous employment?

In the state of Michigan: If the company you worked for have you sign both a contractual worker form and a "At Will" documents (which will make you receive a 1099 tax form), and you left your place of work after being informed of layoff and cut hours. You left with short notice d...

05/09/2007 | Category » Employment  State » MI  #4288

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?

05/09/2007 | Category » Employment  State » SC  #4353
Is it legal for an employer to reduce your salary but at the same time increase your hours of work?

Is it legal for an employer to reduce your salary but at the same time increase your hours of work? Is there a legal limit on how many hours a week an employer can work an employee without any days off? Also, is there a limit on how much time a person gets for lunch?

05/10/2007 | Category » Employment  State » TX  #4396

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...

05/10/2007 | Category » Employment  State » TX  #4397
Can I seek employment with a competitor's company if I signed a non-competition agreement?

My corporate office is located in Pinellas County, Florida. I signed a tight non-competition agreement based on the promises of promotion and participation in the ownership program. I was promoted and transferred to Texas. It takes three years as a branch manager to qualify for o...

05/11/2007 | Category » Employment  State » TX  #4482
Is it legal for a company to employ you with a unsatisfactory background check?

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 ...

05/11/2007 | Category » Employment  State » OH  #4483
Can I file a lawsuit if I was fired for complaining about mistreatment of employees?

I was working a 9 to 12 hour shift everyday with a hour non-paid lunch and was not getting any other breaks. I said something about it and was fired. Is that against the law? Aren’t you supposed to get two 15 minute breaks a day?

05/11/2007 | Category » Employment  State » FL  #4488
Yes, the file is considered the property of the employer. However, this is not the case if you wo...

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

05/11/2007 | Category » Employment  State » KY  #4493
Can my employer fire me if I am on worker's comp leave?

When I am ready to return to work from a workers comp injury, can my employer inform me that I have been replaced and no longer have a job?

05/11/2007 | Category » Employment  State » CA  #4512
Is it legal for an employer to not pay you for overtime?

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...

05/12/2007 | Category » Employment  State » MO  #4536
What are my options if my employer has denied my request for Family Medical Leave?

I have been employed at a hospital with more than 50 employees within a 75 mile radius. I recently applied for and was granted family medical leave for my 75 year old grandmother in Georgia, who had an emergency leg amputation. I am my grandmother's power of attorney and next of ...

05/13/2007 | Category » Employment  State » NY  #4618
Why are signature blocks put on rules and policies that employees have to read an sign?

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?

05/15/2007 | Category » Employment  State » WA  #4798
What is the statuatory limit on filing a workers compensation claim lawsuit?

What is the statuatory limit on filing a workers comp claim/ lawsuit?

05/15/2007 | Category » Employment  State » GA  #4801
Can an employer hold an employee to 90 day notice period? - Employment

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.

05/15/2007 | Category » Employment  State » NY  #4853
Is it legal to charge the waitstaff for customers who use a credit card?

I work in a restaurant where it is mandatory for the servers to tip the busboy 15 percent of their daily tips, is this legal? Also, the servers are charged 13 cents for every customer who uses a credit card, is it legal for the owners to make me pay 13 cents per credit card charge?

05/15/2007 | Category » Employment  State » FL  #4874
How many days can an employee not show up for work before you can replace him?

I have an employee that called in sick one day and the next day he didn't call in so I called him. But I have not heard from him since and it is 3 days later. Do I assume he has quit or can I fire him for job abandonment or should I make another attempt to call him? What are m...

05/17/2007 | Category » Employment  State » TX  #5075

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?

05/17/2007 | Category » Employment  State » ID  #5110

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

Can employers suspend employees without giving reason why?

05/20/2007 | Category » Employment  State » GA  #5366

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?

05/20/2007 | Category » Employment  State » IL  #5368

An agreement is not a lawfully enforceable contract unless there is consideration between the...

Is it legal for a former employer to require that you sign a "Release of claims agreement" indemnifying them against any/all future claims before they will send you a check for bonus and commission that they agree is due you?

05/20/2007 | Category » Employment  State » MD  #5386

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.

05/20/2007 | Category » Employment  State » GA  #5390
It is difficult to accurately answer your question without knowing the type of job you are talkin...

Is it against the law to make an employee peform a job he was not train to do?

05/21/2007 | Category » Employment  State » GA  #5428

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?

05/21/2007 | Category » Employment  State » VA  #5429
It is difficult to accurately answer your question without knowing the type of job you are talkin...

Is it against the law to make an employer perform a job if he has not been trained yet?

05/21/2007 | Category » Employment  State » GA  #5430
I am being forced out of a business that I am a partner in. What are my options?

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...

05/24/2007 | Category » Employment  State » NY  #5881
Are workers entitled to breaks/lunch break?

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

05/26/2007 | Category » Employment  State » IN  #5959
Am I Entitled to Vacation pay even though I was Terminiated?

If a company terminates and employee who has been there for five years , should they hold on to his vacation pay or is the employee entitle to be paid the vacation pay?

05/26/2007 | Category » Employment  State » VA  #5970

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...

06/27/2007 | Category » Employment  State » SC  #6722

Employers are generally only liable for acts of employees that fall within the scope of their ...

Is a store or company responsible for their employee's criminal action toward me if it happens while they're on duty? This is referring to idenity thief.

07/31/2007 | Category » Employment  State » OK  #7614

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...

08/29/2007 | Category » Employment  State » LA  #8301
What happens to my profit shares once I leave my employment?

I quit a job in December, 2006 and still haven't received my profit sharing information. I was told by my boss that this was done once a year and he would do it when he had time. Is there a law that states that this should be done in a certain time limit once the employee leaves?

09/11/2007 | Category » Employment  State » KS  #8627
Is adultery considered legally as moral turpitude to dismiss an employee?

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...

09/18/2007 | Category » Employment  State » ALL  #8837

No deduction may be made from an employee's wages which would reduce the employee's earnings b...

I HAVE DRIVE OFF SHORTAGES OF GAS AT OUR GAS STATION. CAN I LEGALLY TAKE THESE SHORTAGES OUT OF MY EMPLOYEE'S WAGES. IF SO, IS THERE A PERCENTAGE THEY ARE RESPONSIBLE FOR OR ARE THEY RESPONSIBLE FOR ALL SHORTAGES.

09/22/2007 | Category » Employment  State » VA  #8939
Am I entitled to my vacation pay if I quit my job?

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.

09/24/2007 | Category » Employment  State » TX  #8975
What can I do if I was threatened at work by someone who wants to fight me?

I have a co worker that challenged me to a fight at work. I said no. He said he would get me later. Should I report this to the police as a threat?

09/25/2007 | Category » Employment  State » CO  #9042

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 ...

09/26/2007 | Category » Employment  State » IN  #9091
Does the state of Ohio require a licenseor any sort of training to become a bounty hunter?

Does the state of Ohio require you to have a license, certification, and or any sort of training to be a bounty hunter? What steps would I have to take to be legal in being a bounty hunter?

09/27/2007 | Category » Employment  State » OH  #9221

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...

10/08/2007 | Category » Employment  State » NJ  #9852

Federal law does not require that employees wear uniforms. However, if the wearing of a unifor...

MY EMPLOYER HAS DECIDED WE NEED TO WEAR KHAKI PANTS AND SHIRTS THAT WOULD HAVE TO BE PURCHASED THROUGH THEM WITH THEIR LOGO ON IT . SHOULDN'T THEY HAVE TO PAY FOR THIS OR AT LEAST GIVE SOME ON IT SINCE THEY ARE REQUIRING IT?

10/29/2007 | Category » Employment  State » AL  #11155
Is it legal for teachers to punch a time clock if they are on salary?

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

10/30/2007 | Category » Employment  State » GA  #11274
I was not sure how to answer the question regarding previous criminal history on my job application

I had the following question on a job application: Have you ever been convicted of any criminal offense. I have been convicted of a Misdemeanor, so I was not sure how to answer the question.

11/01/2007 | Category » Employment  State » CA  #11389
What can I do if I feel I am being harrassed at work?

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...

11/10/2007 | Category » Employment  State » NY  #11989
Is there a certain time in the day that I can legally take my lunch break?

I work a shift with the hours of 6am-2pm. My employer does allow me a unpaid 30min. lunch break. The half hour lunch break used to start at 11am-11:30am. My employer changed the hours to 10:30am-11am. I now no longer can order out lunch or run any where to get lunch because lunch...

11/10/2007 | Category » Employment  State » NY  #12000

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?"

11/14/2007 | Category » Employment  State » FL  #12278

The Fair Labor Standards Act (FLSA) does not require payment for time not worked, including ju...

Will you please tell me if your company has to pay you if you get a jury summons and have to take off work?

11/18/2007 | Category » Employment  State » ALL  #12479

The account cannot be maintained if the employee is no longer working for the employer.

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...

12/05/2007 | Category » Employment  State » FL  #13417
Law and actions for work place retaliatory discharge

Law and actions for work place retaliatory discharge

12/20/2007 | Category » Employment  State » TN  #14200
Can My Employment Be Terminated Although I Have Not Received Negative Performance Reports

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...

12/10/2008 | Category » Employment  State » NY  #14777
What are my legal options if I am required to be transported to work station in an unsafe bus?

I am a civilian employee working on a military base. Due to construction, I am required to park in a designated parking lot and be picked up by a bus and transported to my workplace. The buses have high steps that are not lit up making it hard to see. They are buses used to trans...

01/27/2009 | Category » Employment  State » TX  #15085
If I lay someone off, can I hire a replacement for less money and not offer the job back to laidoff?

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?

01/28/2009 | Category » Employment  State » NJ  #15090
What is a Statutory Employee?

We are a mortgage company that employees originators. Since we are FHA lenders HUD requires these originators to be exclusively employed paid W-2 employees. We do not house any originators in our office. No different than a Real Estate Agent other than FHA requires the origina...

02/04/2009 | Category » Employment  State » CO  #15151
Can an employer (dentist) hold a check (final) until employee submits a letter of resignation?

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 ...

02/11/2009 | Category » Employment  State » TX  #15233
How should I answer questions on my job application regarding my criminal history?

When my court record reports that it is 'disposed with guilty plea' how do I report that with job applications?

02/19/2009 | Category » Employment  State » MI  #15297
Disiplinary Action from Employer by Not Attending Training Seminar

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...

03/10/2009 | Category » Employment  State » ALL  #15512
Can I apply at competing companies at the same time that require a background check?

I would like to work at Kaiser and have passed all requirements for security with Intercon Security. I would like to apply with Securitas Security. Would the requirements be the same and acceptable with Securitas Security for the same position as Intercon Security?

03/15/2009 | Category » Employment  State » CA  #15639
Does a potential employer have a right to request driving records of new applicants?

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...

03/23/2009 | Category » Employment  State » MI  #15728
What recourse do I have against the company that laid me off and then tried to fill me position?

I was laid off two weeks ago and I was told it was due to the economic downturn. Today the company placed an ad for my position. Is this legal?

04/01/2009 | Category » Employment  State » OH  #15840
Can an Individual Tax ID Number be used in place of a social for employment by a non-citizen?

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...

04/01/2009 | Category » Employment  State » NY  #15841
How binding is a signed letter of offer where all contingent requirements have been met?

How binding is a signed letter of offer where all contingent requirements have been met? i.e. background check, drug testing etc. context - I was hired by IAP worldwide services (in Washingto DC) - showed up to work only to be told that they were not authorized to hire me. Now I'...

04/09/2009 | Category » Employment  State » VA  #15928
Can I legally be denied a job because I refused to give my social security number during interview?

I am in the interview process for a position that requires a motor vehicle report. I've not been offered the position, and I would think this would be a form required after job offer, as is a consumer credit report. They want my date of birth and social security. I've been tol...

04/21/2009 | Category » Employment  State » WA  #16079
Can my employer prevent me from driving into work if I have a disability?

Can an employer stop me from coming to work. They are afraid I will sue them if I have a wreck going to or from work. This is on personal time not their time. I have Multiple Sclerosis. I have been with the company for 10 months or so. I live in Texas but work in Arkansas.

04/23/2009 | Category » Employment  State » TX  #16099
How would I legally acknowledge that the allegations made against me are false?

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 ...

04/23/2009 | Category » Employment  State » OR  #16103
Providing Information to Current Employer on Former Employer by Employee

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

04/27/2009 | Category » Employment  State » ALL  #16151
Can a supervisor prohibit communication outside of work between employee and board members?

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 ...

04/27/2009 | Category » Employment  State » ALL  #16167
Can my employer deny me health benefits?

Can my employer deny me the option to join their health care plan? Employer, who has more than 25 employees, considers me a consultant but I suspect that legally I am an employee. They won't allow me to join their health care plan for 5 more months (totaling 6). I do not set my w...

04/27/2009 | Category » Employment  State » ALL  #16201
Does my employment contract automatically renew if there is no expiration date?

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...

04/27/2009 | Category » Employment  State » ALL  #16203
Can I take legal action if a false harassment claim cost me my government contracted job?

I was accused of harassment by a co-worker stemming from a relationship I had with her. Management has informed me that they will not take any action now, but if any further allegations are made, they will. I work for a contracting company on a government contract. My understand...

04/28/2009 | Category » Employment  State » ALL  #16245
My employer does not have a saef place for employees to park while at work

My employees and I work for an organization in which we are required to park about a 1/4 mile away from work, which at face value isn't an issue. The problem arises in which the conditions that we are met with are anything less than exceptional. Employee's cars have been damaged ...

04/28/2009 | Category » Employment  State » ALL  #16271
Could I face disciplinary action for using supplements/prohormones?

I am currently employed by the U.S government in federal law enforcement. While I was in college, I used supplements/prohormones, up until the ban of prohormones in 2005. Now that you have my background. Here is my question? I am currently taking a product called Epidrol by ...

04/28/2009 | Category » Employment  State » ALL  #16316
What are my rights when changing jobs within a company?

I would like to know my rights when changing a position from one department to another when it is with the same organization. I have officially quit one department and have formally accepted another position with anther department within the Hospital. There is no policy. My cur...

04/28/2009 | Category » Employment  State » ALL  #16344
If your employer requires you to be certified, is it your responsibility financially?

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?

04/29/2009 | Category » Employment  State » ALL  #16383
Do I have grounds for a suit against my ex employer for wrongful termination?

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...

04/29/2009 | Category » Employment  State » ALL  #16405
My wife needs me to act as her advisor when meeting with her employer about problems at work

My wife & I are both Doctors. She works for a medical corporation, she is having some problems. She would like me to be present during the discussions, as she feels intimidated. She doesn't want a lawyer. Is there a form where she can fill and sign to allow me to be present...

04/29/2009 | Category » Employment  State » ALL  #16446
Can I terminate an employee for misconduct without warning?

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...

05/04/2009 | Category » Employment  State » ALL  #16554
Am I entitled to back pay if I was forced to resign but was later reinstated?

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

05/08/2009 | Category » Employment  State » NE  #16612
Can a crisis pregnancy center require post abortion counseling as a condition of employment?

Can a crisis pregnancy center require post abortion counseling as a condition of employment?

05/11/2009 | Category » Employment  State » OH  #16631
In a merger, should existing employees be made to fill out an application like a new hire?

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

05/11/2009 | Category » Employment  State » AZ  #16637
What can I do if I believe I have been discriminated against at work?

I have been demoted by way of a restructure of a department. I have 20 years of service. I have lost 25% of my wages. This restructure was said to happen because of the county budget. Our department was the only one to restructure. There are 2 of us that this is happenting to, ou...

05/11/2009 | Category » Employment  State » OR  #16640
Who is responsible to pay for the content of a delivered goods if there is a missing item?

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...

05/13/2009 | Category » Employment  State » HI  #16661
What are my options to regain my job if I was suspended for improper reason?

The Texas Amateur Hockey Association had a disciplinary hearing with my Head Coach and TAHA sent an e-mail out stating they requested all bench coaches to attend. I did not receive that e-mail but I knew about my Head Coaches meeting and I asked my Team President if I was require...

05/15/2009 | Category » Employment  State » TX  #16680
As a teacher can I be forced by administators to teach in an area I am not certified for?

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?

05/19/2009 | Category » Employment  State » KS  #16706
Communicating Budget Cuts In addition to deciding how much to cut and what approach to take, ...

how do you tell your empoyee of budgets cuts

05/23/2009 | Category » Employment  State » NE  #16763
Is It Required to Give Reason for Employment Termination in California?

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...

05/25/2009 | Category » Employment  State » CA  #16773
Employee Leasing in Arizona

Company A has no employees and wants to lease emplyees from Company B for a contract fee over several years.

05/25/2009 | Category » Employment  State » AZ  #16776
Can Past Practice pertain to legal issues other than Labor Agreements?

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

06/01/2009 | Category » Employment  State » MD  #16835
Can An Employee Be Fired Based On Seniority in Employment at Will States?

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?

06/24/2009 | Category » Employment  State » NY  #17167
Can a House Purchase be Covered Under Per Diem Rates?

I have lived in Glendale, Arizona since 1986. This is my permanent residence for my wife, child, and me. I recently retired from an electric utility in Arizona. I am currently contracting in Oswego, New York at a nuclear plant. I receive $525/week per diem. I may be here for sev...

06/25/2009 | Category » Employment  State » AZ  #17187
Am I Required to Have Workers Compensation Coverage for Volunteers in Kansas?

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 ...

06/30/2009 | Category » Employment  State » KS  #17264
How Do I Get Pro Bono Legal Help in Virginia?

On 4/12/2009 I was Removed from government service after 20+ years. I filed an MSPB appeal. A settlement was offered, I didn't have a lawyer, so one of the settlements offer was to change the Removal on my SF-50 to a Resignation, that was done. Next, I received a 'tentative' off...

07/04/2009 | Category » Employment  State » VA  #17329
What Are My Due Process Rights in Employent Discipline?

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...

07/19/2009 | Category » Employment  State » AZ  #17654
Am I Entitled to Severance Pay or Palimony for Caretaker Duties?

gave full time care for a blind, diabetic lady for five years. Now she is hospice. Am I entitled for severance pay or palimony?

07/21/2009 | Category » Employment  State » CA  #17687
What is Required for a Background Check of a Potential Employee?

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?

08/03/2009 | Category » Employment  State » NC  #17907
Can My Employer Look at My Cell Phone Contacts?

Is it illegal to look in someone's cell phone? While working, I was caught with my cell phone; which is considered contraband in this state facility. Does my employer have the right to look at my contact list in my phone?

03/24/2010 | Category » Employment  State » CA  #21533
Why is it Legal for an Employer to Make Detention Time Unpaid for Truckers?

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 ...

03/05/2011 | Category » Employment  State » OH  #24346