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Recent employment law questions

I own a business and have 10 employees. Can I put someone on

I own a business and have 10 employees. Can I put someone on the payroll that does something for me such as renovation of a flip house that is not related to my business ifI take proper taxes out? Does my wife who works with me have to be here for me to pay her?Can I pay my adult child to work from home?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,466 satisfied customers
I was off today. I'm 62 year old, female. I worked company

I was laid off today. I'm 62 year old, female. I worked for the company for 18 years. The position I've held was a brand new position when I took it (I've been in the position for 13 of my 18 years). I'm the only one in my division that does my job. I have never had a poor performance evaluation, in fact they have always been good or excellent. I was told today that my position is being eliminated (however every other business unit within our corporation has the position and most times, it's held by at least 2- 3 people). I was at a off-site team meeting last week and our boss showed an org chart with two open positions (albeit not the same title as mine). I'm quite sure, once the two open positions are filled, those people will do what I'm doing. I'm quite sure the reason I was let go was because of my salary. Do I have any recourse? I'm not sure I want to do anything but I want to cover my bases. I am being given a severance package, quite honestly I was so distraught when they let me go (on a conference call!) that I didn't absorb everything the H.R. person said to me. I believe I heard her say I will be on the payroll until August 22nd. Of course, I am free to apply for other positions. I look forward to any insight you can provide.

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Delta-Lawyer

Doctoral Degree

 
5,968 satisfied customers
I have a manager whose position we eliminated. This manager

I have a manager whose position we eliminated. This manager had been working for our company for six months and had poor job performance. We decided the position was no longer needed due to payroll cuts and laid this person off. The manager stated that they should have been offered another job which we did not. We did not offer another job for the fact we recently only hired part-time staff no full-time staff for that department to assist with payroll and did not want to chance a disgruntle person who had poor job performance staying and affecting other staff members. When this lay off was presented to the manager it was explained that the position has been eliminated and gave this person a pink slip to collect unemployment. Since then this person has called and left us a voice mail stating that the unemployment they are getting is not enough money. That they contacted an attorney who said they have a case against us for wrongful termination. They said in order for this person not to pursue legal action against us they want $100 in severance for every week they worked totaling $3000 otherwise they are going to sue us. This manager was not only paid 8 hours for the day we laid them off we also paid them for the three additional days they were due to work that weekend. My question is does this person truly have a case against us? We truly did eliminate the position we will not be replacing that position and can this person demand to be paid, we feel this is a form of extortion and do not want to respond to their voicemail.

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John

Attorney

Doctoral Degree

 
7,318 satisfied customers
I Worked from 12/20/15-4/20/16 every day, with only 3 days

I Worked from 12/20/15-4/20/16 every day , with only 3 days off. Up until I ment my new boss ,my checks were right. 2/20/16 till present they owe me over 31 hours overtime as well as straight time . They told me that payroll has my paperwork, I called they were clueless.My bosses and everyone besides me that I no of is black. do I have a case ,I have 3 forms of proof.

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John

Attorney

Doctoral Degree

 
7,318 satisfied customers
The only employee I have had been stealing money, tools, and

The only employee I have had been stealing money, tools, and equipment. What is the first thing I should do before firing her and not file for unemployment?

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RobertJDFL

Attorney

Juris Doctorate

 
11,592 satisfied customers
I have questions about FLMA/CFRA up to 12 weeks leave. Here

I have questions about FLMA/CFRA up to 12 weeks leave.Here is my situation:My doctor wrote a letter which recommends me to take some time off from work on 5/1/2016, but I didn't ask for unpaid medical leave until 5/16/2016. I had some PTOs (vacation) and I took my PTO from 5/9/2016 to 5/13/2016, but this vacation was requested a few months ago, which is before my doctor wrote a letter for my unpaid leave. And I asked my manager for medical unpaid leave on 5/16/2016, starting 5/17/2016 and he approved it. I worked a full day on 5/16/2016. A few days later, HR of my company asked me to submit my doctor's letter. I sent her my doctor's letter which was written on 5/1/2016. HR said there is no return date, so HR needs an update letter with my return to work date. I asked my doctor and she generated a letter which was written on 5/30/2016 and she said I'll return to work on 7/18/2016, but she said that depending on my situation, I may need more time off from work.I asked HR when is counted as my first day of 12 weeks off. And she just responded saying I should see the letter that was sent which my official start day of my leave. PTO and the FLMA/CFRA leave run concurrently.When is the official first day of my 12 weeks medical leave?HR response is very confusing.Possible first date1) The date when my doctor wrote a letter first - 5/1/2016, but as I mentioned, I didn't ask for medical leave until 5/16/2016. But HR also mentioned that PTO and the FLMA/CFRA leave run concurrently. So, even though I took my personal PTO from 5/9/2016 to 5/13/2016, does it count as my FLMA/CFRA leave? And I mentioned that I requested my vacation and got approved before doctor wrote the first letter which is 5/1/ 2016.2) The date when my doctor wrote an updated letter - 5/30/20163) The date when I got approval of my first unpaid leave from my manager - 5/17/2016I have another question. When I return to work in the middle of the month, will I have a health insurance? My company has a policy that health insurance always start the first day of each month. So, if I return to work in the middle of a month, will I have a health insurance? What if I return to work on the first day of the month, will I have a health insurance?Please let me know as soon as possible. These are very important to me.Thank you,Joy

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Dwayne B.

Juris Doctor

 
33,952 satisfied customers
Is an employer required to use the full given birth name of

Is an employer required to use the full given birth name of an employee?

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Patrick, Esq.

Doctoral Degree

 
16,810 satisfied customers
I work Fortune 500 company. The company recently held and

I work for a Fortune 500 company. The company recently held and investigation.HR did not handle this properly, I do not believe.It was reported that I was putting a 5 percent step up on my time card, which I was not.However; instead of just asking payroll, or my supervisor, they asked all of my employees, putting it in all of my coworkers heads that I am stealing time from the company.My coworkers do not know what I do on my time sheet, there was no reason to ask them.Then, after that, a picture was submitted of me, which I did not give anyone consent to use a picture of me, of me sleeping. There is no way to prove if I was sleeping or not, perhaps I was blinking or there was something in my eye or I closed my eye just for a second because I had a headache.Lastly, they decided to crack down on everyone's internet usage, prior to this there was no policy in place other than it is at the employees discretion to use good judgement on being on the internet. HR decided, during the investigation, to go back 21 days and say if anybody has over 10% internet usage will get a letter in their life and time off.All of this seems very sketchy, I need to know if there is any action I can take towards the company, mainly HR, or if what they did is normal business practices. Thank you

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TJ, Esq.

Juris Doctor (JD)

 
10,180 satisfied customers
An employee requested and was approved to take a week's

An employee requested and was approved to take a week's vacation. These vacation plans to not include travel or paid out of pocket expenses. However, the employee has not completed the duties of their position and are behind in collecting monies due from patients and insurance companies, as the integral responsibility of their position. So behind, that the employer is not able to make payroll responsibilities. Can the employer legally revoke the vacation and direct the employee to strictly work on a designated facet of their job duties?

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John

Attorney

Doctoral Degree

 
7,318 satisfied customers
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