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Recent employment law questions
If I quit my job because of a daybed with formaldehyde that
If I quit my job because of a daybed with formaldehyde that was brought into our house at work and made two people sick and has vulnerable adult clients and I thought it was unsafe can I still get my earned PTO and can I draw unemployment compensation
I live in California and have been working current employer
I live in California and have been working for my current employer for over two years. I am a Registered Dental Assistant and I have to say that my working environment has been toxic from the beginning. I currently have a contract with my employer which states how my quarterly bonuses are to be calculated. Usually, every quarter, I have to fight with my employer to get the bonus he has promised. For 2016's first quarter, ending April 30th, I have yet to receive my last bonus and my employer has decided to change the formula retroactively and is trying to pay me a different amount (although I haven't received it yet). I have also never had a lunch break in the entire time that I have been working in this dental office and it is becoming physically and emotionally exhausting to fight for my money every quarter. I have written my employer several emails, letting him know of my dissatisfaction with not being paid my promised amount and have asked him to confirm when I would be receiving my monies. He does not respond. He has also "cashed" in some of my vacation hours (without notice to me) because I never use my vacation leave and I was told my hours were becoming a liability. The last thing I want to do is go to the Labor Board because I am afraid of retaliation and it is not the best idea to have to look for another job, as I have a mortgage to take care of. Is the Labor Board the best route for me to take? I have had to take two sick days off in the last three weeks because I physically could not face the day at work.
Whether or not my employer is required to pay me time I was
Whether or not my employer is required to pay me for the time I was kept past the end of my shift. My shift ended at 7:30, and then I had to wait 15 more minutes for them to get our sheets to clock out signed.JA: The Employment Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: Not yetJA: Is there anything else the Employment Lawyer should be aware of?Customer: Occasional documented unsafe working conditions, and changing our hourly rates midway through a shift.JA: Got it. The Employment Lawyer will know how to help you. 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.
I signed a non-compete agreement 13 years ago with a
I signed a non-compete agreement 13 years ago with a company. I retired in January because of a certain set of working conditions I was forced to do keep my job. I want to work for another company that does the same type of work but would not put me in those conditions; they would have another person there to make it safer. Do I have a case in Washington or Oregon?
I have been employed with the same company 20 years,
I have been employed with the same company for nearly 20 years, and recently went through some upper management changes. I was recently promoted into a general manager position, to a store that had multiple issues, including serving unsafe food to the public. I expressed my concerns with my district manager, whom I feel not only bullied me to take the position, but bullied me to keep the position. It had gotten so bad where, I was working well over my mandated 50 hours, and became a very stressful place to, so much so that I had gave notice. They asked me to stay and take a demotion and move back to my original store, but to finish out my notice in my current store, in which I agreed to do so. My two weeks was just about up, and the working conditions became unbearable, where I again expressed my frustrations with my manager, whom then fired me, but claims I walked out and quit. What can I do about this and do I have the right to ask for a severance package?
I am 57 year old black female and I am being discriminated
I am 57 year old black female and I am being discriminated against because of my age, gender and race. I work for the DODEA for 7 years and never was written up until September 2015. I was written up for things they accused me of doing last year. I proved all their items false and I sent grievances to our union. I have never had any item heard and the y continue to write me up. Mr. Sanford the new VP has lied about me and I proved him incorrect but the District office believed them and hearsay fro staff. They are damaging my reputation and every time I would make a compliant and the union talked to them my working conditions get worse because of retaliations. I have three grievances that have never been addressed. My school feels like a prison and the Admin Mr. Calderon and Mr. Sanford have every one afraid to say anything. One teacher gave her resignation and it was accepted. After spring break Monday morning she was called into the office and fired. I am afraid that is going to happen to me. Please I am desperate. need someone to protect me and need them now. I work for the DODEA in South Korea. I have been overseas 7 years with no complaints.
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Doctor of Law w/ highest honors
I live in pa i resigned from a job reasons.
i live in pa i resigned from a job for job for medical reasons. under my contract i was reinstated and rehired. i got credit for my prior years of service before my resignation.this is for seniority purposes at my job, same pay and step level. however they are using my recent date of hire as my new hire date.some working conditions i had in my old contract such as having a sunday off because i was hired prior to a certain date and year dont apply my employee is saying.this is because i am a new hire. however it doesnt specify new hire it says employees hired before a certain date. i say i am entitled because of my service credit days prior to my resignation. who is right?
Attorney At Law
Doctor of Law w/ highest honors
Foreign worker on H1B visa. The employer need to
For hiring foreign worker on H1B visa. The employer need to certify ETA Form 9035 Labor Condition Application, the instruction clearly says the following :(1) The employer also attests that it will pay these nonimmigrants the required wage for time in nonproductive status due to a decision of the employer or due to the nonimmigrant's lack of a permit or license. The employer further attests that these nonimmigrants will be offered benefits and eligibility for benefits on the same basis, and in accordance with the same criteria, as offered to U.S. workers. See 20 CFR 655.731.(2) Working Conditions: The employer attests that H-1B, H-1B1 or E-3 foreign workers in the named occupation will not adversely affect the working conditions of workers similarly employed. The employer further attests that nonimmigrants will be afforded working conditions on the same basis, and in accordance with the same criteria, as offered to U.S. workers. See 20 CFR 655.732.(3) Strike, Lockout, or Work Stoppage: The employer attests that on the date the application is signed and submitted, there is not a strike, lockout, or work stoppage in the course of a labor dispute in the named occupation at the place of employment and that, ifsuch a strike, lockout, or work stoppage occurs after the application is submitted, the employer will notify the Employment & Training Administration (ETA) within three (3) days of such occurrence and the application will not be used in support of a petition filing with the United States Citizenship and Immigration Services (USCIS) for H-1B, H-1B1 or E-3 nonimmigrants to work in the same occupation at the place of the employment until ETA determines the strike lockout or work stoppage has ceased . See 20 CFR655.733.(4) Notice: The employer attests that as of the date of filing, notice of the Labor Condition Application (LCA) has been or will be provided to workers employed in the named occupation. Notice of the application shall be provided to workers through the bargaining representative, or where there is no such bargaining representative, notice of the filing shall be provided either through physical posting in conspicuous locations where H-1B, H-1B1 or E-3 nonimmigrants will be employed, or through electronic notification to employees in the occupational classification for which nonimmigrants are sought. The employer further attests that each nonimmigrant employed pursuant to the application will be provided with a copy (or original, as appropriate) of the certified Form ETA9035E, or ETA 9035 (if applicable). As stated above for H-1B, H-1B1 or E-3 nonimmigrants, the employer must provide the certified LCA to the nonimmigrant, who must follow the H-1B, H-1B1 or E-3 procedures of USCIS and the Department of State. The notification shall be provided no later than the date the nonimmigrant reports to work at the place of employment. See 20 CFR655.734.After attesting all these (1) to (4) , if employer willfully violate it, what's the minimum and maximum penalty imposed on employer. Where can I find those employer who have violated those laws ? I am collecting this information for the website that my company is developing viz. visaxp.com.If violation results in a just nice memo from US Department of Labor than this attestation does do any good because H1B employer is going to violate anyway. And in our research we have found that many H1B employers violate many of the above it means that laws must be in willful violator's favor if not , please shed some light on violation ( that can be proved with substantial evidence) would result in what kind of penalty, fines and jail time ( if any) for such willful violator.Thanks,
If an employee is forced to work in an environment that makesView more employment law questions
If an employee is forced to work in an environment that makes them sick and they have complained to no avail, can their doctor write an order forcing the employer to change the environment. For example, purchase a portable air conditioner.
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