Join the 9 million people who found a smarter way to get Expert help

Recent employment law questions

I consulted with a private attorney about my malpractice

I consulted with a private attorney about my malpractice report from the NPDB and he thought nothing could be done by any attorney to either amend the report again or have it voided. Should I continue to look for an attorney who may help in this matter or should I just accept things the way they are and not try to do anything else to help clear my name?

Read more

Dwayne B.

Juris Doctor

 
34,088 satisfied customers
I have Chronic Fatigue Syndrome. I was on the FMLA the past

I have Chronic Fatigue Syndrome. I was on the FMLA the past year or two. Last January 2015 I had hip replacement surgery and missed 8 weeks of work. In July 2015 I had knee replacement surgery and missed 12 weeks of work. Those days missed, in addition to sick days, added up to more than the allotted number allowed under FMLA. (12 weeks). In January 2016, I was "invited" to a meeting with the HR manager and my boss. I was informed that HR didn't realize it, but all those days added up together went over my allotted days off under FMLA and I was no longer protected under the FMLA until September 2016. My question is this. Shouldn't the HR manager have made me aware of all this as it was happening, instead of after the fact? Not knowing all the complicated rules of FMLA, I feel that HR was lacks in their responsibility to inform me as time went on. I am eligible, after a doctor fills out the form again, for FMLA again in mid-September 2016. That put me in a difficult position, having an illness, and being unprotected from January 2016 until September 2016. Three weeks ago I asked if I would lose my job if I missed any work. I was told that as long as I give my boss a 'heads up' that I wasn't feeling well and may be staying home the next day, the day missed would be considered an excused absence and would not be counted against me. With that in mind and feeling safe under those guidelines, I stayed home 2 or 3 days when I was ill, having let my boss know in advance that I wasn't feeling well and would probably stay home the next day. Now we're up to present day... Last Thursday, June 16, I was called in to another meeting with my boss and HR. I was told that I'm missing too much work. I was told that "a senior leader had been asking about why I was missing so much work" so they had to revisit the issue. I am wondering if there is any protection to keep me from losing my job if I become ill, considering how all over the board HR has been in this situation. I would appreciate your advice. Thank you.

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,364 satisfied customers
I have been receiving unemployment in Texas. I started a job

I have been receiving unemployment in Texas. I started a job last Wednesday, and it is horrible. Does Texas have a 30-day period where you can basically try to see if a job works out but still go back to claiming your original unemployment? The job I started is not providing me on the job training for my position. They also told me I was hired to be a medical assistant/scheduler, but the people in the office told me I was just to answer phones and take messages Is there any way to go back and still claim my unemployment from my original job?

Read more

Patrick, Esq.

Doctoral Degree

 
16,842 satisfied customers
I have worked at horse farm 1.5yrs and Friday my boss texts

I have worked at horse farm for over 1.5yrs and Friday my boss texts me saying "due to budget constraints he was going to have to cut back for 2-3 weeks. Said he simply cant afford to pay full staff for 5 horses, it is only temporary bt I understand if you cant wait 2-3 weeks". 2 days later, I went to the barn to find the only person who got hours cut was me. I am not on the schedule at all! He didn't even give me a 12 hour notice, he text it, and lied about it on top of that! I am a single mother finishing school to get my bachelors degree in health science, I must have $ coming in. Is there anything I can do?

Read more

RobertJDFL

Attorney

Juris Doctorate

 
11,604 satisfied customers
Worker in doctor's office used coworker's id repeatedly to

worker in doctor's office used coworker's id repeatedly to access patient records in violation of HIPAA. Coworker now has a list of HIPAA violations. What can the coworker do?

Read more

Dwayne B.

Juris Doctor

 
34,088 satisfied customers
Please let me know if you have suggestions to this draft

Please let me know if you have suggestions for improvement to this draft letter below. This is for the termination of a temporary W9 (ind.contractor) worker who was with the Co. for several months. I do not know if there were performance discussions, but he is being termed due to not being able to keep up & he hasn't been reliable. As an ind.contractor, there were no benefits & I guess he's not eligible for unemployment.I am new at this co. & just figuring things out on the HR side. We are in NY, checking with you also if we legally need to give him a letter. In this case , they are planning to email him because he is not scheduled to work this week. I prefer a verbal discussion, but I'm not sure that will happen.Is it best to put the reason for the term in the letter (for all types of employee terms), or keep it shorter & if a f/t employee letter, add'l info included would be term date, benefits end date info & cobra eligibility info?Dear __,Thank you for your contributions over the past several months. We appreciate your work and efforts.We have made a business decision for your temporary assignment to end effective today, 6/14/16. Unfortunately your overall performance has not met our expectations. Your pay for your most recent time worked will be processed on our standard schedule.Please let me know if you have any personal belongings at the office that you'd like me to arrange to send to you. We wish you well in your future endeavors.Sincerely,

Read more

LawTalk

Attorney at Law

Juris Doctor

 
31,104 satisfied customers
I have a small business (15 employees) in Texas and have

I have a small business (15 employees) in Texas and have most of them on 1099. They all do piece work production related tasks...I'm curious if I can start them on a temporary cash basis only before starting all the HR paperwork and hiring process... Sometimes they quit so quickly and it's such a waste setting up that whole process then they have to wait a month to get paid...Is it possible as long as I keep the cash pay under a certain limit? Like all the 1st week or anything under 40 hours within a month... Please let me know what the hours or time frames I am allowed to work within are.Thank you

Read more

Patrick, Esq.

Doctoral Degree

 
16,842 satisfied customers
I am a California resident. I was working in Florida from

I am a California resident.I was working in Florida from Jan 3 to May 2nd.I have worked for this company for 13 out of the last 14 years.Had a death in my household and came back home to California on a personal leave approved by the company.Today I tried to use my company e-mail and found it was disabledContacted my HR Director and she said I was terminated

Read more

Alex Esquire

Managing Attorney

Doctoral Degree

 
21,212 satisfied customers
We are a privately owned company with approximately 300

We are a privately owned company with approximately 300 employees. We have a field services division with approximately 5 to 10 employees who work approximately 30 to 60 days per job. These workers are paid hourly from our "Regular" payroll and are reimbursed for travel expenses, and paid per diem. Because these workers are paid as all other employees, but only work on a "temporary" basis, do we need to offer the same benefits such as health as our "Regular" employees?

Read more

John

Attorney

Doctoral Degree

 
7,324 satisfied customers
View more employment law questions

How JustAnswer Works

  • Ask an Expert
    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
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Pay nothing to your Expert if you're not satisfied.

In The News