Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

I am a physician independent contractor in an Emergency dept.

I am now told we...
I am a physician independent contractor in an Emergency dept. I am now told we have to add a on call shift 12 til 2a (14 hours) with no pay. We are to get paid only if we get called in. I already do 6 weekend days for this ED group, and I am single. I will now have a net loss by paying a babysitter to be on call. They say the group voted for this, but they wrote a email that we are not to discuss it with each other. Is this legal, I now know my rights are limited due to IC position What do you think?
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 minutes by:
9/8/2013
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 59,002
Experience: Licensed attorney helping employers and employees.
Verified

INFOLAWYER :

Hello,

INFOLAWYER :

as an IC you need to be paid for the following

INFOLAWYER :

1. time worked

INFOLAWYER :

2. waiting time if left in a situation where on call and cannot do anything else

INFOLAWYER :

on call time it is compensable

INFOLAWYER :

and if not paid you may report the matter to the human resource and legal dept of the institution

INFOLAWYER :

this should avoid need to resort to further measures including the labor board, civil court, or a lawyer.

INFOLAWYER :

If you do have a lawyer contact them, it can help expedite payment

INFOLAWYER :

and corrective measures

INFOLAWYER :

Please let me know if that is clear.

Customer:

well, not exactly. I already work 3 weekends a month. If they add this day from 12 til 2a it will affect my one remaining

Customer:

weekend of the month. and I already work enough weekends and nights. I will not be able to leave town, or do

INFOLAWYER :

Is there a contract or handbook which limits your hours?

INFOLAWYER :

is there discrimination involved in assigning such shifts?

Customer:

anything like go to dinner, as i can get called into the ER at any given time.

INFOLAWYER :

They must pay for time worked, but otherwise have broad discretion in setting hours

Customer:

some docs get to pick what day they do these shifts due to they have a different priority with the directors. I have been there 14 years

INFOLAWYER :

If there is age discrimination, you may challenge it on that basis

INFOLAWYER :

if they have a practice of giving others choice, you may negotiate on that basis too

INFOLAWYER :

a handbook, contract or other limits on their discretion would also help

Customer:

When I tried to argue it because the night doc doesn't have to do any free hours , they said she is

Customer:

excused due to she works so many nights, but she gets paid for each of those nights. i

INFOLAWYER :

you may want to complain then to HR

INFOLAWYER :

and the legal department

INFOLAWYER :

and then escalate through the other options I mentioned earlier

INFOLAWYER :

Is the answer acceptable and clear?

INFOLAWYER :

I wish you the best.

Customer:

Ok thank you

INFOLAWYER :

very welcome

INFOLAWYER :

Have a nice evening

INFOLAWYER :

Kindly click on a positive rating.

Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 59,002
Experience: Licensed attorney helping employers and employees.
Verified
Infolawyer and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask Infolawyer Your Own Question
Infolawyer
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 59,002
59,002 Satisfied Customers
Experience: Licensed attorney helping employers and employees.

Infolawyer 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

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

59,002 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

3,912 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 have filed a complaint with EEOC under Age discrimination
I have filed a complaint with EEOC under Age discrimination and harassment. Had to resign from job at State agency 2 weeks after receiving PIP due to continuous harassment for more than a year, have w… read more
Infolawyer
Infolawyer
Lawyer
59,002 satisfied customers
Can i be age discriminated against, if I am the younger
can i be age discriminated against, if I am the younger person? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My question would relate to age discrimination. In 2010,
In 2010, when I was 70, I accepted a 40 hour full time job as Staff Accountant for a non profit organization. I actually reported to a contractor that did the agency financial work. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,372 satisfied customers
I received a Settlement for age discrimination in the amount
I received a Settlement for age discrimination in the amount of $35,000 less taxes so my net was $30,404.50 My former employer sent me a W2 instead of a 1099. So now it looks like wages earned. I have… read more
Anne_C
Anne_C
Attorney
Doctoral Degree
13 satisfied customers
I have a question about age discrimination in hiring?
I have a question about age discrimination in hiring? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,001 satisfied customers
Age discrimination. terminated for my age. false reason for
age discrimination. terminated for my age. false reason for termination. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I had an age discrimination law suit filed by an attorney
I had an age discrimination law suit filed by an attorney who subsequently removed herself from my case due to litigations against her for malpractice. My case went before DORA who gave a half hearted… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am filing an age discrimination lawsuit against my ex
I am filing an age discrimination lawsuit against my ex employer, like any project I need to package the file the proper way, any advice to work on this ?… read more
Legal Expert Justin
Legal Expert Justin
Law Degree
229 satisfied customers
I'm wondering if I have a potential age discrimination case.
I'm wondering if I have a potential age discrimination case. Recently let go and my previous employer hired a younger person at lower salary who I trained and then was let go. She was hired with my sa… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,321 satisfied customers
Lawyers that handle age discrimination cases and race cases.
Lawyers that handle age discrimination cases and race cases … read more
Damien Bosco
Damien Bosco
3,388 satisfied customers
I have a question about age discrimination. Will this cost
I have a question about age discrimination. Will this cost me money? … read more
Infolawyer
Infolawyer
Lawyer
59,002 satisfied customers
I have a question about age discrimination. With both
I'm 65 years old. I gave a year's notice (January 2017) from my job because I'm the EA to the president of our company. That is what other EAs at the position have done. A few weeks after I gave notice they posted my job and hired someone immediately. She's 40 years old. I told them it was way too soon and I had given notice as of March 31, 2018. They told me not to worry that I would have my job until I left. They immediately had me train her and told me to find special projects to work on until I leave. I told them no that it was my job until I left. They told me to work on special projects and then just go home and travel, play with grandkids, whatever. My boss said it was a sweet deal and I should take it. I couldn't get him to put anything in writing. So now I have completed 5 special projects. The CEOs office is planning a retirement party for me December 15 and I will just stay home until March 31 and get my pay and benefits. Today the HR manager said I misunderstood and there were other projects to work on. I am just done with their lying and taking my job and giving it to someone else. What are my options?… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,966 satisfied customers
Question on age discrimination person has been with company
Question on age discrimination person has been with company 26 years in same position age of person 72 Engineering Dept. Last two job performance reviews negative . The last job performance review was… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,321 satisfied customers
Not sure if it's age discrimination but very well could be.
Not sure if it's age discrimination but very well could be. After 8 months in my current possition was given a scathing review. Non og these issues were ever discussed with me in the previus 8 months.… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I sent info on Age Discrimination earlier, and did not get
I sent info on Age Discrimination earlier, and did not get any response. What Happened? Hans ****** ****************** ********** … read more
Damien Bosco
Damien Bosco
3,388 satisfied customers
I believe I am a victim of age discrimination on my job, how
I believe I am a victim of age discrimination on my job, how can I move forward with a suit … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I went to the EEOC for age discrimination. They in turn made
I went to the EEOC for age discrimination. They in turn made me sign an AOF retracting it for 90 days severance. I felt I was forced to resign … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
What does it take to win an age discrimination lawsuit?
What does it take to win an age discrimination lawsuit? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,001 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