How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
Employment Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Casual Employment Laws

What is a causal employee?

A casual employee usually works on an irregular basis and may or may not be offered work which in turn he or she has the option to refuse. Workplace agreements and awards often contain provision for casual employees. However, many workers are called 'casual' when in fact they are part-time or full-time employees. Employees often have many questions regarding casual employment laws. Listed below are the Top Five casual employee rights questions that have been answered by the Experts.

In the State of Ohio, what is the definition of casual employee according to the State Employment Relations Board (SERB)?

According to the, Ohio- 5036. (Ohio App. Dist.6 09/30/2011) statute, for all practical purposes, has equated the meaning of a casual employee to be anyone who does not satisfy the definition of an "employee," pursuant to ORC 4123.01. Even though the statute uses the term "casual" in its definition, the court found that the definition is so all encompassing, that it effectively replaces any subsidiary definitions and creates the presumption that a worker is either entitled to workers compensation benefits or not, based on finding that the worker fits within some provision of the definition, which contains numerous factors, any one of which could bring the worker within the scope of the workers compensation law.

What right does casual workers have to ask for time off from work?

The casual worker has the same rights as any other employee to ask for time off to the extent that those benefits are provided to all casual workers equally.

The employer does not have to provide time off or paid time off, unless it is so stated in the work conditions at the time of hire, or as advertised to the employees at a later date. There are many casual worker rules and regulations that the employee and employer should follow, if you have questions concerning casual worker rights, these individuals contact the Experts.

If an employee of 61 years old with disabilities, has been working for one company for 4 years as a casual employee, and that company was bought out by another company and the employment is going to be terminated if the employee cannot or will not work 12 hours shifts, would this be grounds to file unemployment, or is this suitable work schedule for a casual employee?

No one, other than the State Unemployment Commission can tell you with any certainty whether or not the offer of a 12 hour shift job would be considered "suitable work." The State must gather all the evidence from you and your employer about what your work history has been, what company policies are, what they offered you, why you refused the work, and what other job prospects are in your community for someone with your skills.

Generally speaking though if someone has medical documentation that they cannot work over 8 hours and/or there is a significant change in the terms and conditions of employment, then the UI Commission will find that the work was not suitable for the employee and may grant unemployment benefits.

As a casual employee, how much notice does someone need to give before leaving his or her job?

There is no requirement to give any notice to an employer. A good rule of thumb is to give at least 2 weeks so that the employer will give a good reference if you need to use them in the future.

In Michigan, if someone has worked for a company who never paid them overtime or took taxes out of their check just straight cash is this illegal and what can happen to the employer?

Assuming that the employee is more than just an occasional casual worker, and are not an independent contractor, the employer must pay the employee overtime for any hours worked in excess of 40 hours per workweek. In addition, the employer should be deducting federal and state taxes, as well as paying into social security, unemployment and worker's compensation. If the employee is not being paid overtime, they can file can file a complaint with the Wage and Hour Division of the Department of Labor. In addition, the employee can report their employer to the Michigan tax authority and IRS for nonpayment of taxes.

Knowing the difference on what a casual employee is compared to a part time or full time employee can cause many questions that can often be tough to answer for the common person. The Experts can help answer questions regarding casual employee rights, general casual employee rules, as well as any casual employee law that may be in place. If you or someone you know has legal questions ask the Experts.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
Employment Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent Casual Questions

  • HI I received a letter a couple days ago about a non compete after opening up my new busi

    HI I received a letter a couple days ago about a non compete after opening up my new business and want to ask some questions...
  • i was employed for twenty one years, i am 62 years old. Last

    i was employed for twenty one years, i am 62 years old. Last year i had two primary cancers uterine and breast continue working through radiation a position came up for restorative nurse monday through friday the director of nursing waved her hand up and down in front of me and said you don't need this it will be too much (mean while i have been working double shifts every weekend ) i don't see how she decided it would be , i was told by other nurses she already promised position to another nurse she posted the job because its policy, i just let it go. about 6 months later position was posted for staffing i applied for position, she call me interview and i was given the job, i was oriented 5 1/2 days, i wasn't shown half the stuff i needed to know, she would find things just about every day to harrassed me about i found myself calling human resources at corporate, they would give me suggestions how to handle her, as the months were going by i had to check over time reports sheets she wanted me to write up cna and not nurses i said something to adon regarding it because one nurse was making twenty hours over time every two weeks; she wasn't ask to come in for extra shifts, the one day i brought the over time report to administrator he had his interm sitting in room and i place paper on his desk and i told him if he look at report he would know where all the over time is going he pick up paper and rip it in front of my face i was so humilitated i just walk out of room i call corporate i also wrote a letter in detail in how these were handling faciity and sent it to corporate and owner. They had a new nurse from corporate to come in and talk to me she said she investigated it and no merrits to my complaint , which i found amusing because the only three people she spoke to was the administrator DON and the intern. I have a lawyer who has been trying to get a modification on my house i spoke to him about sent the letter i sent to corporate and he told he would write a standard letter I was concern because I felt these people couldn't be trusted and this so call investigation took over a month The administrator said he had no recall of that happening, now all the time i have worked for this facility i never had to call corporate and the time she felt i wasn't doing things right i ask for more orientation and wasn't given it. normally i nurse is not working out in these positions they place them back on floor i wasn't given that option I was fired here i was in a whole from both cancers and trying to get my house back on track and I find myself humiliated once again by being walk out of the building this happen in October here it is December and no job yet of course it took me three weeks to get over the fact i work for them twenty one years
  • I have a telephone hearing set for tomorrow AM with a judge

    I have a telephone hearing set for tomorrow AM with a judge who will be hearing my case regarding an appeal I made after I was denied benefits for unemployment. Basically I was fired from Scottsdale Healthcare Shea hospital after being a dedicated, honest and well reputable employee for this company for 7+ years. I appealed my dismissal and after it taking a month to determine if I won my appeal I was notified my termination was withheld but they did make the decision for me to be eligible for rehire. Originally, I wasn't eligible for rehire as any terminated employee was not elig for rehire per policy. I had worked for Scottsdale Healthcare Osborn for 5 years and was never placed on any corrective action or disciplinary actions in all 5 years there but when I chose to take a promotion at our other hospital in Dec 2012, I was placed on corrective action and remained on it for almost a total of 2 years. Never receiving any of my raises I was given following 2 annual reviews either. I was on corrective action for tardies. These tardies keep in mind were 5 minutes and under. Regardless, I know 1 min is tardy and I did everything in my power to correct these. I was placed on a formal in January 2014. I was told my supervisor he would life this if I was in good standing come July. July came around and he reached out to HR letting them know he feels I am due to release from correction action as my actions had improved. They denied his request stating they would like to keep this in effect until 1 year... So 2 months from it being 1 year, I violated a company rule which led to my termination. I was let go for "misuse of company time" after I had a severely rough morning with my 4 year old child.. She attends the preschool ON CAMPUS at the hospital... This particular morning there was situation that happened at home that caused her to be extremely upset and totally bent out of shape. The entire drive to work 35 minutes, she cried hysterically, begging me to stay home from school today... I explained this was not an option and she had to calm down prior to arriving. She was unable to and the best thing that came to mind was telling her that I would let her ride with me via our campus shuttle to school today.. I had arrived to my office with her and clocked in before calling the campus shuttle to pick us up. We rode together via shuttle over to her preschool that was located at the opposite end of our campus but never left campus grounds keep in mind. I dropped her and drove immediately back with the shuttle driver. I never ate breakfast this day, not even lunch due to the 10 min I was gone before starting to begin my day..... I had prior discussions with my supervisor on the occasion I would pick up my daughter from the same preschool and bring her back to eat lunch together before bringing her back via shuttle before my lunch break would end. These past discussions with him he told me I wouldn't have to clock out because it was on campus and we weren't eating off campus. I at no point even thought I was violating any policy. I worked with this company long enough to know what violations would be grounds for termination. Oh and I would like to add that just a month prior to being terminated I was honored the highest productivity in the entire department. I was the top employee for over a year in productivity. He also made note in this review that I was receiving the highest point avg. that he'd ever given any other employee who had been on corrective action at the time of review. He noted that I had improved my tardy's and that I was an exceptional employee. Well I was let go after they were informed that I had got to work with my child on this day and left to drop her at preschool which violated the policy-"misuse of company time" They totally disregarded my personal situation and what I thought was best for my daughters emotional state. I have gone through hell and back with the hospital after my termination to find out the actual reason I was let go. I was told it was for attendance and my prior tardiness that was the final reason but my dismissal paperwork all stated "misuse of company time." My last discussion with HR director after I called to ask him if I was fired for any kind or sort of misconduct, letting him know I received a denial for unemployment benefits. He responded, "no, not at all any kind of misconduct. You were let go for violation of a company rule. And sometimes unemployment will make exceptions for attendance related issues." We hung up and I was still left confused, was it for attendance or leaving work to drop off daughter?" So, I emailed the SR HR rep and asked flat out. They responded I was let go for "misuse of company time" and that I had prior warnings of attendance. Basically, all I want to know is if I have any chance on winning this appeal and if you can provide any help with preparing for this hearing.
< Last | Next >
View More Employment Law Questions