Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I am a Physical Therapist Assistant and according to the…

Customer Question
I am a Physical...

I am a Physical Therapist Assistant and according to the practice act I Have to work under a supervising Physical Therapist. Well, the only Physical Therapist at my work place was suspended w/o and technically since I do not have a supervising PT I cannot work. I have 3 questions that concern me. 1..will there be any disciplinary actions taken against me b/c I cannot work without a PT supervisor which would jeopardize my licensure? 2. Can I have them pay me for time off b/c it was not my choice to be off? and 3 If not am I entitled to unemployment?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Yes I'm sorry. This is in NC

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time and no union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that's it

Submitted: 4 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 2 hours by:
12/26/2017
Employment Lawyer: Gerald, Esq, Attorney replied 4 months ago
Gerald, Esq
Gerald, Esq, Attorney
Category: Employment Law
Satisfied Customers: 5,115
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Ask Your Own Employment Law Question
Employment Lawyer: Gerald, Esq, Attorney replied 4 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience, including extensive experience in the regulation of health professionals. I hope to provide you information that will help you in resolving your question.

1) You will not be subject to discipline by the licensing board as long as you do not work without supervision. If the group can get a substitute physical therapist in to supervise you you can work. Otherwise, sadly you can not.

2) The law will not force your employer to pay you under these circumstances unless you have a contract with your employer that provides for this situation.

3) You are eligible for unemployment compensation because you are out of work through no fault of your own. If you are denied unemployment compensation make sue that you appeal and go before a hearing examiner. Sometimes the Unemployment Compensation Office issues denials when they should not.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

Ask Your Own Employment Law Question
Was this answer helpful?
Ask Gerald, Esq Your Own Question
Gerald, Esq
Gerald, Esq
Gerald, Esq, Attorney
Category: Employment Law
Satisfied Customers: 5,115
5,115 Satisfied Customers
Experience: Over 30 years of experience

Gerald, Esq 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

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 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

3,991 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
If one quits their job ,are they eligible for unemployment.
if one quits their job ,are they eligible for unemployment … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have an employment law question. At will, salaried. Can a
Can a non compete, non disclosure contract for employment be voided if the person was on psychiatric medication for 2 months before signing it?… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,176 satisfied customers
Looking for employment law guidance - regarding an employee
Hi. Looking for employment law guidance - regarding an employee that has gone on disability but we believe is falcifying her condition. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Employer pays state unemployment insurance and federal
employer pays state unemployment insurance and federal unemployment insurance. Does that mean displaced worker can claim both state unemployment insurance and federal unemployment insurance?… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a question about employment law in regards to a
I have a question about employment law in regards ***** ***** employer who has not paid me final commmisions … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Have a question related to employment law. All of the
Have a question related to employment law JA: Was this discussed with a manager or HR? Or with a lawyer? Customer: All of the above... JA: Is the workplace "at will" or union? Is the job hourly or sal… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I have an employment law question. I currently work
Hello! I have an employment law question. I currently work part-time (6-10 hrs a week) as a martial arts instructor at the school where I have been training for the past 8 yrs. I want to continue my p… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Employment law question regarding settlement language -- my
Employment law question regarding settlement language -- my former employer will not sign a mutual non-disparagement - I have full disparagement but they only wants to limit to a few employees - more … read more
Thelawman2
Thelawman2
Doctoral Degree
1,354 satisfied customers
It's a labor question employment law. I'm seeking a lawyer.
well I was denied unemployment - the employer said I was insubordinate. I am trying to create an appeal and I was hoping the attorney would look at what I wrote.… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
Just wondering about employment law. Both. At will hourly.
it's about annual review being negative and me not getting a raise as a result, and not being able to transfer from a hostile environement… read more
Ray
Ray
Lawyer
Doctoral Degree
32,182 satisfied customers
I was claiming unemployment but then accepted a job as an
I was claiming unemployment but then accepted a job as an Accounting Manager. The Vice President of Finance kept giving me directives and treated me as his personal assistant. It prevented me from hav… read more
Pheobe Clark
Pheobe Clark
Attorney
JD
119 satisfied customers
Employment law Constructive dismissal as retaliation for
Employment law Constructive dismissal as retaliation for sexual harassment and FMLA limitations… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,878 satisfied customers
How does disciplinary action work when I'm not doing the
How does disciplinary action work when I'm not doing the work that hasn't been in my PD I did without pay then OHR told me that they witnessed for an 11 but was destroyed. And I told them 1 1/2 that I… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I'm looking for an expert in both "employment law" and
I'm looking for an expert in both "employment law" and "criminal law," for I'm not sure whether my question falls under the "employment law" category or the "criminal law" category or both. On Sunday,… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
This is about employment law. No, that is not necessary or
full time and our contract does include a non compete clause … read more
Damien Bosco
Damien Bosco
4,199 satisfied customers
I am an rn for 25 years. With no disciplinary action. I was
I am an rn for 25 years. With no disciplinary action. I was sent for a 7 drug screen because my employer said my speech was slurred and my mouth was dry. I take blood pressure medicine and phentermine… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have been given written disciplinary action for taking
I have been given written disciplinary action for taking sick time off. I am a part time employee in AZ so I do not qualify for FMLA, and I was given no alternatives before I was written up. What are … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,789 satisfied customers
I was written up. Disciplinary action for excessive absences
I was written up. Disciplinary action for excessive absences that were under FMLa that they refused as being so because they said they didn't have proof which hadn't been passed from HR. I told them I… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 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