Employment Law

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Questions about Rights of an Employee

Employee rights were designed to protect the interests of employees in the workplace. They cover everything from wages, freedom from discrimination, heath and safety rules, disabled workers’ rights, unemployment benefits, workers’ compensation, and more. If you have questions about employee rights, contact Employment Lawyers on JustAnswer for expert legal help. Listed below are a few questions on employee rights answered by the lawyers.

I work in California and my company insists that we work 32 hours per week or we lose all our benefits. We lose benefits even if one of our patients has to go into the hospital, and we can’t find another one to make up our 32 hours. Our PTO has to be used for both sick leave and holidays as well. What are my employee rights in this matter?

In most cases, employers require you to work a minimum of 32 hours per week to accrue benefits for that week. However, PTO that has already been earned cannot be forfeited.

PTO usually combines both sick and vacation days. Under state law, employers cannot give employees paid holidays if they don’t work. So employers allow you to use your PTO instead. Having said this, employers may design different policies for different groups of workers as long as there is no discrimination involved with regard to gender, race, age, and other protected status. From the little known about this case, it doesn’t appear your employer is violating any law.

If an outplacement company gives a former employer updates about a former employee’s job search, can this be considered a violation of the employee’s rights?

It is not considered a violation of employee rights in a case where an outplacement company may have been contracted by a former employer to help a former employee find a job. In such cases, giving status updates may be considered legal, especially if the employee is collecting unemployment. Since it does cost the employer a sum of money to help a displaced employee find employment, and is also seen as a form of good will towards the employee, the employer would be entitled to updates of the job search.

A manager of a company in Florida argues with and threatens to do physical harm to an employee that results in the termination of the employee. What are the employee’s rights in this matter?

In Florida, employment is “at will,” so the employer can terminate the employee or the employee can quit at any time, for any reason. The few exceptions to this rule are when a written employment contract is in place or there is a collective bargaining agreement (union), or when there is a discriminatory reason involving a historically protected class.

The employee should revisit his employment manual. If the employee still feels that he was physically threatened, he/she could try and file a police report or criminal charges. But if it’s just a case of a manager not being nice, the law would view this as the employee’s choice to quit if he/she doesn’t like the job.

If the employee gets a chance to meet the General Manager, he/she should argue the case and try and get the job back. If they don’t offer it back, the employee could file for unemployment and fight the case. In any case, if the employee feels that he/she was subject to physical harm or violence or that the termination was discriminatory in nature, it would be best to consult a local Lawyer. Employment Lawyers on JustAnswer will be more than ready to provide a second opinion or legal insights to your specific case.

In Pennsylvannia, if I am serving as juror for Lehigh County, do I have still have employee rights for compensation from my employer?

When you serve on a jury, your employer is not obligated to pay you. However, you cannot be terminated, demoted, or deprived of your benefits because you were part of a jury. For the first three days of jury duty, you will be paid $9 a day and you can expect to receive $25 a day after that.

You can find more information at: http://www.pmconline.org/node/34#employer.

Every state has different employment laws, and not all employees are entitled to the same rights. Employment Lawyers on JustAnswer can use their legal expertise to help you address your individual questions about employee rights. Write to them for quick and affordable answers now.
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