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Questions about Rights of an Employee

Employee rights were designed to protect the interests of employees in the workplace. They cover everything from wages, freedom from discrimination, heath and safety rules, disabled workers’ rights, unemployment benefits, workers’ compensation, and more. If you have questions about employee rights, contact Employment Lawyers on JustAnswer for expert legal help. Listed below are a few questions on employee rights answered by the lawyers.

I work in California and my company insists that we work 32 hours per week or we lose all our benefits. We lose benefits even if one of our patients has to go into the hospital, and we can’t find another one to make up our 32 hours. Our PTO has to be used for both sick leave and holidays as well. What are my employee rights in this matter?

In most cases, employers require you to work a minimum of 32 hours per week to accrue benefits for that week. However, PTO that has already been earned cannot be forfeited.

PTO usually combines both sick and vacation days. Under state law, employers cannot give employees paid holidays if they don’t work. So employers allow you to use your PTO instead. Having said this, employers may design different policies for different groups of workers as long as there is no discrimination involved with regard to gender, race, age, and other protected status. From the little known about this case, it doesn’t appear your employer is violating any law.

If an outplacement company gives a former employer updates about a former employee’s job search, can this be considered a violation of the employee’s rights?

It is not considered a violation of employee rights in a case where an outplacement company may have been contracted by a former employer to help a former employee find a job. In such cases, giving status updates may be considered legal, especially if the employee is collecting unemployment. Since it does cost the employer a sum of money to help a displaced employee find employment, and is also seen as a form of good will towards the employee, the employer would be entitled to updates of the job search.

A manager of a company in Florida argues with and threatens to do physical harm to an employee that results in the termination of the employee. What are the employee’s rights in this matter?

In Florida, employment is “at will,” so the employer can terminate the employee or the employee can quit at any time, for any reason. The few exceptions to this rule are when a written employment contract is in place or there is a collective bargaining agreement (union), or when there is a discriminatory reason involving a historically protected class.

The employee should revisit his employment manual. If the employee still feels that he was physically threatened, he/she could try and file a police report or criminal charges. But if it’s just a case of a manager not being nice, the law would view this as the employee’s choice to quit if he/she doesn’t like the job.

If the employee gets a chance to meet the General Manager, he/she should argue the case and try and get the job back. If they don’t offer it back, the employee could file for unemployment and fight the case. In any case, if the employee feels that he/she was subject to physical harm or violence or that the termination was discriminatory in nature, it would be best to consult a local Lawyer. Employment Lawyers on JustAnswer will be more than ready to provide a second opinion or legal insights to your specific case.

In Pennsylvannia, if I am serving as juror for Lehigh County, do I have still have employee rights for compensation from my employer?

When you serve on a jury, your employer is not obligated to pay you. However, you cannot be terminated, demoted, or deprived of your benefits because you were part of a jury. For the first three days of jury duty, you will be paid $9 a day and you can expect to receive $25 a day after that.

You can find more information at: http://www.pmconline.org/node/34#employer.

Every state has different employment laws, and not all employees are entitled to the same rights. Employment Lawyers on JustAnswer can use their legal expertise to help you address your individual questions about employee rights. Write to them for quick and affordable answers now.

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:
6 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 Employment Rights Questions

  • I made a written request to my employer to view my personal

    I made a written request to my employer to view my personal file under the Bullard Plawecki Right to Know Act 3 weeks ago. I have not gotten a response or had the opportunity to look at my files. I cornered my HR rep and asked about the request. She said I would see something the following day, which was 3 days ago, and nothing was provided. How long should I wait before seeking legal counsel?
    Also, is it okay to put in writing that if they fail to produce the documents by a certain date that I can assume they do not exist and act accordingly unless they provide the documents and prove otherwise? It is my understanding that if they fail to provide the documents in a reasonable timeframe that they cannot use anything in it against me if it goes to a hearing.
    The main reason I want the file is to be able to see the non-compete that I do not remember signing but yet it prevents me from getting any new job. My employer tells me that it exists but will not provide a copy. So prospective employers call my current employer and they are told that I will not be released from my position due to a non-compete.
  • Hi, I was recently fired for poor performance. This performance

    Hi,
    I was recently fired for poor performance. This performance is largely due to feeling ill during a pregnancy and narcolepsy that has continued since. I am also in counseling for social anxiety. My employer was fully aware of both medical issues and my work to work on these issues. The progress was slow due to insurance difficulties and doctor scheduling, but we are underway to correct the problems. I was fired today and I have a severance package, but I am hesitant to sign it unless I know that I would have no legal case for wrongful termination for them firing me because of the medical illnesses I couldn't help. I was wondering if I should look into suing them for firing me for performance due to medical conditions or if I would likely have no case and move on. Please let me know. they are reorganizing the company and due to my time out for pregnancy and slowed learning due to the sleep issues, they decided they didn't want me to be trained because I was ill.
    Thanks.
  • We will be having nonexempt employees taking call. They will

    We will be having nonexempt employees taking call. They will take a phone home with them and be available to help schedule nurses if anyone calls out. They will receive $125.00 for taking call, are we obligated to pay anything else
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