Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

I live in NC, I am a salaried employee (no overtime). I was

I live in NC, I...
I live in NC, I am a salaried employee (no overtime). I was sick last week Thursday and left work because of it. I went to the doctor that afternoon and the doctor wrote an excuse for Friday. Today when I got to work the office manager had filled out a request for time off sheet noting 6 hours for Thursday and 8 for Friday. If I sign this then I am agreeing to this. If I am exempt then why should I loose my hours for Thursday? I can agree that I should use vacation time for Friday.
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 8 minutes by:
2/16/2009
Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 33,167
Experience: JD, BBA, recognized by ABA for excellence.
Verified

Thank you for contacting our JA team for guidance.

 

No. Your employer cannot dock you for this short time you were out. They cannot classify you as an exempt salaried employee and then treat you as an hourly employee when it suits them. If they do not pay you for the days, you should contact your state labor board and the federal dept. of labor to file a complaint.

 

For more information on employer treatment of exempt employees, see http://www.flsa.com/coverage.html.

 

Please let me know if I can be of further assistance.

 

Best regards,

 

TK

Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 33,167
Experience: JD, BBA, recognized by ABA for excellence.
Verified
Tina and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 years ago
The office manager is requesting that I sign this request for time off sheet immediately and turn it into her. What do I do?

If you refuse and the employer does not pay you your salary, even though you are willing to agree to take vacation time, you should file a complaint with your state labor commission and the dept. of labor for the employer's failure to pay your compensation. If the employer retaliates against you, you should have a cause of action against the employer for retaliation.

 

Unfortunately, some employers are willing to terminate employees who exercise their legal rights, which is also illegal, but done quite regularly. I've heard that some North Carolina courts are very conservative and tend to rule in favor of the employer, so you want to make sure that you are willing to carry through if you assert your rights.

 

I am sorry there is not an easier way. Take care.

Ask Your Own Employment Law Question
Ask Tina Your Own Question
Tina
Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 33,167
33,167 Satisfied Customers
Experience: JD, BBA, recognized by ABA for excellence.

Tina is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

33,167 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,480 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,264 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,773 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I'm looking for an employment/labor law attorney to
I'm looking for an employment/labor law attorney to represent me. 15090 zip code area … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I'm having trouble locating a labor law lawyer here in ABQ.
I'm having trouble locating a labor law lawyer here in ABQ. NM.know one seems to have had a case in the situation of collection of final pay check. Back in July Partrick from this site explained the s… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
In a US District Court complaint are thier any retaliation
In a US District Court complaint are thier any retaliation laws or acts that could be used In a retaliation lawsuit against a state that would overcome a claim of state soveirgn immunity by that state… read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
Can a fully exempt salaried management employee be docked on
Can a fully exempt salaried management employee be docked on an hourly basis? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am having retaliation issues from employer due to worker
I am having retaliation issues from employer due to worker comp. what can I do? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,961 satisfied customers
I believe I was dismissed from my job in retaliation for
Hello I believe I was dismissed from my job in retaliation for bringing forward non for disputing non payment of commission which is documented is as a commission event in the Commission Handbook. I h… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
I believe I was wrongfully terminated in retaliation for
I believe I was wrongfully terminated in retaliation for raising questions about gender pay inequity and bias treatment towards me as a female, should I go to the EEOC or find my own attorney? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,051 satisfied customers
Do I have a legal retaliation claim for being demoted after
second opinion] Do I have a legal retaliation claim for being demoted after I refused to follow a supervisors unethical practice according to nys Dept of education code of conduct for social workers?… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,877 satisfied customers
Do I have a legal retaliation claim for being demoted after
Do I have a legal retaliation claim for being demoted after I refused to follow a supervisors unethical practice according to nys Dept of education code of conduct for social workers?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
In a wrongful termination in retaliation complaint, all I
In a wrongful termination in retaliation complaint, all I have to do is show facts that show all elements of wrongful termination, correct? Thanks.… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have questions about retaliation in the workplace and what
I have questions about retaliation in the workplace and what are the legal options someone is afforded? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
I feel my employer retaliated against me for initiating a
I feel my employer retaliated against me for initiating a complaint about disability discrimination … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,480 satisfied customers
A salaried employee is paid twice a month on the 15th and
A salaried employee is paid twice a month on the 15th and 30th. If they quit before a year is up am I required to go back and figure the salary hourly or weekly instead of the salary schedule as in th… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
34,871 satisfied customers
Seeking retaliation and harrasment complaint i am being
Seeking retaliation and harrasment complaint i am being forced to resign because i was displaced via harvey and have been working remotely. I can not return to the office and others are able to work remotely for months im worried a forced resignation will also effect my unemployment … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I believe I have been retaliated on at work. Colorado. At
Hi there! JA: Hi. How can I help? Customer: I believe I have been retaliated on at work. JA: Because employment law varies from place to place, can you tell me what state this is in? Customer: Colorad… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
I have been harassed,discriminated and retaliated for years.
I have been harassed,discriminated and retaliated for years. I am a public school teacher 65 years old with an ADA letter of accommodations. My principal violates the ADA law, the union contract she h… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can I file a retaliation claim if I reported my bosses for
Can I file a retaliation claim if I reported my bosses for mistreatment and making false allegations. Plus moving me to another site among other things. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
I was terminated due to retaliation, although it was
I was terminated due to retaliation, although it was disguised as a reduction in force due to lack of funds. I am experiencing extreme stress, and I am taking anxiety medication and have sought therap… read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x