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Recent employment law questions

We had an employee who had some sort of a rage issue and

We had an employee who had some sort of a rage issue and locked other users from the company CRM, caused an email war on the topic, then resigned. The day after he resigned, he logged into the company CRM and stole over $2.5 million worth of customer lists, active transactions, and confidential financial information. Then, he filed a falsified reason for separation with the unemployment office. Then he filed a civil suit against the company for FLSA back wages.Prior to learning of any civil suit, the company began the process to file criminal charges for the theft in accordance with state law as well as a civil suit for damages. The plaintiff's attorney in this civil suit says that he will file additional charges for retaliation against the company if we pursue the criminal and legal charges of theft.The theft is not related to any claim of owed wages.The question is this: Does anti-retaliatory protection protect an ex-employee from a criminal act?

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Patrick, Esq.

Doctoral Degree

 
16,758 satisfied customers
My daughter works company that owns several local dining

My daughter works for a company that owns several local dining establishments and one bed and breakfast. She discovered that her general manager was paying family members for hours that were not on their time cards and contacted human resources. After several months of this...they finally called the general manager to the corporate office. ..but only asked that he no longer employee the family members. As soon as this happened he began paying a person 29 hours a week that has not worked there in 3 months. She is very upset about this but feels once again this will be swept under the rug. She is uncomfortable in the situation and doesn't know what to do. Is there something that the irs can do...or should she contact the labor board...she is concerned she will be terminated.

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Lucy, Esq.

Juris Doctor

 
29,154 satisfied customers
In my job as manager of a recreational resort, I had two

In my job as manager of a recreational resort, I had two board members who were admonished in writing by owners and guests for showing up at a private event (quilting party) and mouthing off to the ladies while drinking. They went on to tell the ladies that I should have not allowed their gathering and that I would be replaced. It was part of my job as manager to oversee the use of the ranch for activities that the owners wanted to hold (weddings, family reunions, club meetings, etc.).Both of these directors were censored by the rest of the board members, but instead of apologizing and owning their mistake in judgment, they denied the incident ever took place. One of the directors was the president, and the other was the treasurer.This was the start of continued harassment, and retaliation.The treasurer stood in front of the owners who were attending the monthly owners' association meeting and stated that he had "discovered" a huge discrepancy in the accounting and that monies were missing. Three owners had been allowed to buy out the balance of their shares for small fee and the ranch had lost 'thousands" of dollars as a result. I was accused of misappropriating funds after it was pointed out to answer a question posed by the other director's wife that , no, this wouldn't exactly be embezzlement since I hadn't taken the monies.The buyout had been a practice that had been put in place prior to my taking over as manager. The only difference was that I had each of the three remaining owners pay a $500 one time buyout price and continue to keep the share and make payments on the assessments. The ranch runs on the assessments paid by the owners. A few owners had financed their shares with the original developer and he had turned these over to the owners' association when they bought him out. I had followed the procedures that were already in place and all three buyouts had to be signed off and signatures notarized by two board members. The treasurer failed to mention that he had been one of the directors signing off on the buyout.The president of the board conducted the investigation and failed to report that she had also signed off on one of the buyouts, as had the other director who was involved in the quilting incident. I was demoted, but allowed to finish my contract time at the same rate of pay. An election was held in August and both directors were out. The president was reelected (no one else ran), but she was removed as president. Things were up in the air, but I was still working, but now at a lower rate of pay and completely removed from management by the previous board. I now had to do the shopping for the ranch (a job I did not do as manager) and in the process, I fell during a rainstorm (slipped on oil in a parking lot) and broke my hip. I am now on workman's comp after a botched surgery left me with one leg 1 1/2 inches shorter than the other and the back pain is unbearable. My six months is up next week, and I am very concerned. The new manager is not forthcoming with any information for me.Had the board conducted an investigation with other players involved, I do not believe I would have been demoted. My honesty and integrity have been questioned in an open meeting, and it has cost me a great deal of humiliation and physical pain and suffering.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,184 satisfied customers
I am a general manager at a family run corporate restaurant.

I am a general manager at a family run corporate restaurant. I have recently uncovered that the business has been altering data to avoid taxes and in the process denying me my entire bonus (% of cash revenue). I have all information in hand that proves my case. I am planning to write a check for the difference without their immediate knowledge since I know they will deny any claims. Should they attempt to take legal action, what should I be prepared for and how will my case stand in court? It should also be noted that my employment contract was verbal and no terms were ever signed on but there is proof that bonuses were issued for the agreed % monthly. Thanks!

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,430 satisfied customers
I was recently terminated from and Go. I once had access

I was recently terminated from Kum and Go. I once had access to a workday account. It appears they deleted my account. I lost all my paycheck stubs. Is this lefal?JA: The Employment Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: noJA: Please tell me everything you can about this issue so the Employment Lawyer can help you best. Please give me a bit more information, so we can help you best.Customer: I was recently terminated from Kum and Go. I once had access to a workday account. It appears they deleted my account. I lost all my paycheck stubs. I am unsure about the details of my final check. I have no idea what happened with my 401k account. They have removed my access to my employee workday profile. Are they allowed to take block me from my personal info?JA: Is there anything else the Employment Lawyer should be aware of?Customer: I have had an issue with a manager telling customers I am being investigated for embezzlement a complete lie. So wanting t know the steps to defamation of character? I contacted the main office over the matter, right to an email the president of the company and nothing was doneJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.

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RobertJDFL

Attorney

Juris Doctorate

 
11,566 satisfied customers
My daughter had a felony about 6 yrs ago and has been working

My daughter had a felony about 6 yrs ago and has been working for a company about 5 yrs now that knew she had a felony and hired her. She has been promoted to manager since. Last week someone in the company told upper management that this was on her record and they actually had a meeting of all the other managers discussing her personal information and have since demoted her. She has been an A+ employee all this time now she is being shunned by everyone. Is this legal?

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Ely

Counselor at Law

Juris Doctor

 
62,072 satisfied customers
I am 100% vested and have accrued benefits in my companies

I am 100% vested and have accrued benefits in my companies pension plan. I worked there forty four years and my employer fired me one year and three months before my normal retirement date. Can he deny my pension benefits for any of the reasons he fired me? The reasons are typical most people get fired for. I can dispute all of them but he would not even listen to me.

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Legalease

Attorney At Law

Doctor of Law w/ highest honors

 
14,512 satisfied customers
Not sure if this is in your wheelhouse? When an employee

Not sure if this is in your wheelhouse? When an employee is negotiating a contract with an employer can the employer reduce or not offer certain benefits based upon knowledge he has of the employees spouses financial situation?I don't see anything regarding cost in this ad. Please advise

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,430 satisfied customers
A YEAR AGO I WAS CHARGED WITH EMBEZZLEMENT AND FORGERY. MY

A YEAR AGO I WAS CHARGED WITH EMBEZZLEMENT AND FORGERY. MY SENTENCE WAS TO PAY RESTITUTION AND 2 YEARS SUPERVIZED PROBATION. I WAS BEEN HIRED BY A DAYCARE CENTER' AFTER THAT CHARGE, WORKED THERE FOR APPROXIMATELY 2 MONTHS THEN TOLD I COULDN'T BE THERE WHEN CHILDREN WERE PRESENT, ONLY AFTER HOURS WHICH I HAVE BEEN DOING. CLEANING AND PREPPING MEALS. MY PROBATION OFFICER SAYS SHE DOESN'T SEE THE REASON I CANNOT WORK THERE DURING REGULAR HOURS. WOULD LIKE SOME INSIGHT

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Dwayne B.

Juris Doctor

 
33,796 satisfied customers
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