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Employment Dispute

Disputes between a company and their employee or a dispute with an employer can happen in many different situations. An employee may have argued that a supervisor has harassed them. An employee can be terminated or denied promotion and may state that employment action was created on discrimination based on race, color, religion, gender, national origin, age or disability. A terminated employee may claim that they have been wrongfully terminated and that the termination was unfair to them or without good cause. Federal and state laws consider social intolerance for many workplace behaviors, and court decisions understand these laws are defined in a manner that a company must relate to their employees. Read below where Experts have provided answers to the top commonly asked questions relating to employment dispute.

If an employee has recently settled an employer dispute with the Equal Employment Opportunity Commission, does this settlement become part of their public record?

Charges of employment discrimination, charge of reconciliation information and the Equal Employment Opportunity survey data cannot be disclosed to the public. The Federal division complaints are also not disclosed to other people. Records that contain inter or intra agency pre-decisional considerations and recommendations, analyses, opinions, attorney-client, attorney work-product, information given to the Equal Employment Opportunity Commission are considered confidential sources and matters involving any personal privacy, personnel or medical records of a third party will not be disclosed.

If someone was involved in a verbal dispute with another co-worker that then lead to a physical dispute, both employees were suspended, as the victim do they have any right to sue for back pay, emotional distress, and creating an unsafe work environment for letting the other employee return back to work?

Since this was an intentional tort, this is an exception to the law that they can only sue the employer in workers compensation for damages. This means that they can file a suit against the employer for their injuries, pain and suffering and emotional distress from this incident and also loss of wages that resulted in being suspended for being a victim of an assault/battery. Also, they can file criminal charges against the other individual for the battery, to do this they need to contact the police.

What is a penalty for an employee lying on their employment application?

The consequences for providing false information on an application will all depend on the employer. Some employers will do nothing about it, while other employers will terminate the employee for the false information. The outcome is completely up to the employer.

What will happen if an employee had a dispute with their employer and now the employer owes them money, and they put the amount owed on their 1099 form, but never paid it?

The IRS will not get involved in a dispute between two people on the amount that is listed on the 1099. They can either report the amount on the form or the amount that they have actually received and see if the IRS will catch it. The best thing to do is report the amount on the form, gather up pay stubs or band records to show what they have received, then sue the employer in small claims court for their failure to pay all the wages they owe the employee.

Is a lease agreement dispute allowed in small claims court or is it considered specific performance?

A lease agreement is a form on contract and it can be enforced using small claims court as a general rule. The difference will be if they are seeking money damages, they can engage this in small claims. If they are seeking fair non monetary damages, they will not be able to precede this in small claims court.

Many times in the workplace an employee dispute breaks out. There are ways to go around this and prevent these types of disputes from happening. Employment dispute resolution or employee dispute resolution could be one step in prevent from a workplace dispute. Contact an Expert for further information when dealing with employment dispute.

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:
2 Employment Lawyers are Online Now

How JustAnswer Works:

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    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
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    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 Dispute Questions

  • Question is regarding IT consulting services on C2C, and the

    Question is regarding IT consulting services on C2C, and the client is in midstream requiring that resources convert to W2, citing they based on new government regulations must refer to all 1099 resources as flexible resources and as such be treated as employees and like any employee be offered a range of health benefits that the employee can accept or decline.
    Now this makes sense if the consultant is an independent 1099 contractor resource, but isnt there a difference between a 1099 resource and a consulting firm, an entity, with its EIN, its own health benefits and employees, and is suppose to be on C2C , paid on ACH? It just so happens that the owner of the firm, is the consultant, and in this case is providing software development assistance to a team made of employees and contractors at the customer who is now mandating that the consultant/owner become a W2 resource of the client.
    3 x challenges. The owner has business checking, investment, and all kinds of dependencies on the source of revenue, that would now be for granted due to now instead expect salary and have it direct deposited to a non-business account. Secondly, the owner has several clients, many of whom are vendors, suppliers, and even partners of the primary client. The owner does not do business with the primary client's direct end clients, but certainly does business with a lot of the same vendors and partners who may even ask for resources to staff on the primary client's projects. In essence a W2 would mean they would have to write a very specific set of agreeable terms to allow such affairs to remain in tact. Any language that applies to direct or in-direct competition would have to be revised to exclude entire industries , not just list of companies. Lastly, how would one company doing business with another company be classified as an employee of the other... How does a consulting company provide consulting services if every client mandates that their vendors become employees.
    Here is the notification from the client regarding the change in which they specify I must become employed as a W2 resource:
    Due to some corporate goverment regulation changes, ABC needs to convert all 1099 resources to Flex hourly resources. This basically means that you will enter your hours in our MYHR system each week and we will reduce your hourly rate to cover the corporate taxes and then deduct employee taxes, providing you with a bi-weekly paycheck and W2 at the end of the year.
    In additional, ABC is pleased to offer you optional comprehensive medical and prescription coverage. With this change we will be retiring the term 1099 resource and replacing it with Flexible resource. As a Flexible resource you will have the option to select coverage or decline coverage, nothing else will change regarding your position with ABC or any other benefits. Please review the attached letter and benefits information. Please email me the attached letter completed and with coverage elected or declined by the end of the day on Monday, December 22nd. Should you elect coverage, your hourly rate will be reduced as noted in the offer letter. Should you decline coverage, your hourly rate will remain the same and nothing else will change. As an existing 1099 resource, you will not be required to complete a drug screen or criminal history check as noted in the offer letter.
    I know this is a lot to understand and I’m sure you have questions. Please let me know when you have time to schedule a call to attempt to answer your questions or get you answers as needed.
    Our offer to you is included below:
    On behalf of ABC, I am pleased to offer you the position of Flexible Resource
    reporting to John Doe at a rate of $159.05 per hour. Employment will commence on
    or before December 28, 2014. The details of the offer follow.
    ....
    The C2C rate is $170/hr.
    Thanks,
    RJ
  • hello, if a contract for a W2 employee says "Will be paid for

    hello, if a contract for a W2 employee says "Will be paid for all client approved hours" and the client refuses to approve hours actually worked, is employee still entiteld to pay for those hours worked even though they were not approved by client?
  • In South Carolina, what is the requirement in regards ***** *****

    In South Carolina, what is the requirement in regards ***** ***** employer communicating my expected work schedule? The reason why I ask is because my employer has been consistently changing my schedule within a couple days of my shifts and the labor law poster by the punch clock says that normal work hours must be communicated in writing and changes must be in writing at least seven days in advance. Thanks!
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