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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: 8125
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
5 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: 8118
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 11097
Licensed Attorney with 28 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 10590
Licensed attorney helping employers and employees.

Recent Employment Rights Questions

  • During employment at a hospital, I wasn't given the opportunity

    During employment at a hospital, I wasn't given the opportunity from asst director to director of a dept. The reason given by senior administrators was the Dept. of Health wanted a director hired from outside of the organzition due to a sentinel event. The 2nd time the position was vacant, I completed an internal application, and was recommended position by a consultant hired by the hospital . I made an appt, with the CNO to ask why I was not interviewed position, did not receive an answer other than to keep my conversation with her under my hat. She did not want others to know I had applied. Recently the position came up again. At this time I have been gone from the organization 3 years as full-time and over 1 year as per diem. My application was received in the HR dept. and routed to the CNO. I was not called interview. The CNO said she did not receive it and they hired someone from the outside. Do I have a case against the hospital?
  • So does that mean that all of my written reports and articles

    So does that mean that all of my written reports and articles can be admitted into evidence to support the other evidence that I have gathered?
    Also. Please tell the web site administrator to make a way to give additional tips.
  • I current live and work in NYC he job I have is temporary;

    I current live and work in NYC
    he job I have is temporary; but is full time
    The "contract" will last around 8 months ending shortly
    I am not paid by the company I work the employee agency which placed me
    The employment agency is located in New Jersey and the paystub I receive ways the company is located in NJ
    When I apply
    1. I assume I apply unemployment
    2. How do I represent the company I am working for?
    Thank you
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