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Recent employment law questions

We recently had a reduction in operations. I am the most

We recently had a reduction in operations. I am the most senior manager in age and time. But I was the only one demoted to lower position and pay. What recourse do I have?

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Patrick, Esq.

Doctoral Degree

 
16,810 satisfied customers
What steps does an employee who filed an appeal with s

What steps does an employee who filed an appeal with his employer's Office of Equal Opportunity and Diversity take when the appeal receives no response? The employee has called both the Director of this department and the Human Resources Administrator, requesting the response to the appeal. He has received no communication. The appeal is for reasonable accommodation after suffering many loses and undergoing weekly therapy and treatment by his primary care physician for acute stress. The employer wants the employee to travel an additional hour and one half to work in a different location. Both the therapist and primary care physician feel he should not do this at this time; his position is a dangerous one.

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Patrick, Esq.

Doctoral Degree

 
16,810 satisfied customers
I would like to know if it is better to fire people one at a

I would like to know if it is better to fire people one at a time based on:Verbal warningWritten warningWritten warningOr ideally fire a group of 5 employees that have a diverse background as a result of company changes.We operate our business in Wisconsin which is an at will state but that doesn't stop them from filing wrongful discharge suit against us.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,286 satisfied customers
I want to pursue a bachelors possibly a masters in human services.

I want to pursue a bachelors possibly a masters in human services. Here is a list of ares of employment this degree gives access toAddiction or mental health counselorFamily services advocateChild welfare specialistSociologist Health care assistantLegal mediatorCorrectional treatment specialistEvent coordinatorDisability specialistCareer counselorBusiness AdministrationCase ManagementWhen I was 17 i picked up two 3rd degreee and one 2nd degree burglary charge but was place on the diversion white program which I successfully completed. The charges are now coded as dropped but I know that I'm forever exempt from joining the military. Will this affect any job opportunities for me in this field? What jobs does the white program bar me from?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,286 satisfied customers
If an employee is breaking the work rules and an employee calls

If an employee is breaking the work rules and an employee calls her out on it. Is this considered harassment?

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Ely

Counselor at Law

Juris Doctor

 
62,126 satisfied customers
I was heavily recruited out of a job I loved to work

I was heavily recruited out of a job I loved to work for a global company that I thought would be excellent experience, so I agreed to a 20K/year pay cut to take this position.They were very eager to have me, so I never saw a job description and when I received an offer immediately, I wasn't sure what I was actually being hired to do. Due to the large pay cut I was going to take, I made an extra call to the Director I'd be working under and asked what my role would be. He said "we don't know what we are going to do with you yet, but we just had to have you because your specialized skill set is like something we've never seen before!"I was asked to give very little notice to my former employer so that I could start in the second quarter of the year. This seemed odd but I went along with it because I was genuinely flattered that I was chosen by this company. I did raise the idea of taking a break between positions since I had not taken any of my accrued vacation time from my previous employer, but the new employer said "we have unlimited vacation, so it's no big deal".After onboarding, I heard many other new employees discussing how long it took to get through the application process, whereas for me it was so incredibly fast. The only difference seemed to be that I was a woman (the only female software engineer out of 50+ other engineers) so I thought they must have needed me for an affirmative action number or something.I was not put on a team, but was designated a "floater" but had zero direction. All other hires were put directly on teams, with daily meetings, etc. but I was not sure at any point what I should be working on. I certainly couldn't understand the urgency of why I was hired since there was nothing to do.At 2 months in at this position, I requested 5 days off and was told "I hadn't been there long enough to get that many days off." I asked "wait, I thought we had unlimited vacation?" and was told there was an "unofficial accrual system" but when I asked for details I was given none.About 3 months in without any leadership or guidance, I was put on a team and finally doing the work I do best.At 5 months in, I was asked if I would be interested in being an Engineering Manager. This was flattering but not only did I not have any experience, I was not interested in going away from engineering for an administrative position.At 6 months in, our organization got a new CTO. He had some different ideas on how things would be running.At 7 months in, I was told that the position I was hired for had effectively been eliminated because "no engineer should have a specialty - we should all be technically broad and deep in all aspects of engineering". In a one-on-one with my boss, I was told that my specialty "didn't add value" to the company anymore (even though they poached me specifically for that specialty). I was told that I would have a couple of months to get up to speed and learn several new programming languages, and while I was doing that I had to grab tasks "from the top of the stack" as opposed to the ones that fit within my specialty. I was told I would be graded on how many of these tasks I could complete". There were also many references to how expensive senior engineers where whereas younger engineers will work for less money and have broader knowledge.I asked my boss "why I was even hired in the first place?. Did they need a girl? Why the rush to get me only to not have anywhere to put me? Once they find somewhere for me be, why then tell me that I don't add value because my skill set isn't desired anymore?. I asked for training and got no response.It was interesting when I asked about the "girl" question since what I had noticed is there is zero diversity in the company. For a tech company, its unusual to not see ONE person that is middle eastern, asian or black. I asked this jokingly if "I" was the diversity and they said "there is another girl!". Still seemed off. I brought up the "unlimited vacation" policy and asked for details on the "unofficial accrual system" to see if I could request a week off this summer. I basically asked a lot of questions that I'm not sure they wanted heard. I said I was willing do whatever it takes because I was vesting in June and could buy shares then, and the company is supposed to go public this summer.Out of nowhere I was laid off on Friday but they insisted it was due to an organizational shift and NOT related to the earlier threats of "learn this skill set it you want to keep your job". I was given the same severance package as someone who had been there only 3 months. I have not signed anything yet and hope to find out if I can 1) counter with a better severance due to being poached from a job and taking a huge pay cut & then eliminating my position, or 2) sue for wrongful termination, especially since I am almost vested and a woman over 40. Do I have a case?

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Loren

Juris Doctor

 
34,652 satisfied customers
I am in the IT sector working in Pennsylvania. I have never

I am in the IT sector working in Pennsylvania. I have never been asked to sign a non-compete. My day job has a geographical area where we provide services (A with a light involvement in B). I invested heavily in a similar company in a completely diverse geographical area that provides B services, and do not spend any time at day job managing the other company (similar to a silent financial backer/partner). The similar company has not stolen any customers or infringed on the geographic area of the day-job.My day-job has, within the last month, decided they want to focus more on B instead of A now and that was made clear in a meeting.Further, at one point three years ago the VP of day job verbally told myself and another employee (not involved in the similar company) that it would be fine if we were to start a company doing B to the south from the day job's coverage area.Several other senior employees also run businesses on the side, and this is known by C-level executives. Additionally, it is well known I do consulting as well as voice-over work on the side.Recently through some extensive online stalking my employer discovered I have involvement with this other company.My question is, while any employer can fire any employee for any reason, would I have any recourse should they chose to do this for moonlighting? Is there any possibility they would have a chance at any legal recourse (again I realize anyone can try anything).

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Asad Rahman

Attorney

J.D.

 
2,272 satisfied customers
I am a 1099 contractor in CA working appliance company.

I am a 1099 contractor in CA working for an appliance company. recently I opened up my own business as well, fixing appliances. So I work at both places. at my contractor job we verbally agreed with my employer that I get 40% and he gets 60% of every job I do. And I have been doing that since last may. he paid me at the end of every month, once a month with a check everything I earned. now he refuses to pay for the month of January saying that I stole his clients. I came to a client to fix something as a rep from the company. After she liked my work, she called me directly to come back to fix another appliance. I fixed it on behalf of my own company. I never signed any non-compete agreements.

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Patrick, Esq.

Doctoral Degree

 
16,810 satisfied customers
I own a franchise that teaches art class .

I own a franchise that teaches art class for children. Therefore we hire art instructors. The art instructors have to complete a live scan back ground check with the department of justice before they are hired. My question is if something comes up on the background check (most common thing I get is a DUI) can I ask the potential candidate to provide details of the incident? Can I tell them what I see on the back ground check?And what if they get arrested once they are already hired. Can I tell them something came up on their background check and ask questions regarding the incident? It is not a secret that we do back ground checks all the employees are aware that legally they have to do a live scan to work with us. I just dont know how much I can disclose.

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Ely

Counselor at Law

Juris Doctor

 
62,126 satisfied customers
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