Law Q&A » Employee Rights

Employer keeping tips for himself

Legal Information — Thu, 02 Sep 2010 14:53:21 +0000

I work at a pizza place in Lexington,KY(people leave cash tips on the table or leave credit card tips… which all go into a tip pool). When I was hired I was told that at the end of every month all the tips would be handed out according to how many hours you worked that month. Its been 7 months and I’ve only received tips twice, and those were only cash tips.. no credit card tips. I’ve recently learned that my employer is keeping the tips for himself. What should i do? am i entitled to the tips that i never received?

Offer for Employment

Legal Information — Tue, 31 Aug 2010 18:01:25 +0000

Can I sue a company because they sent me an Offer for Employment for full time, and 3 days later they sent they made a mistake and sent me a Offer for part time?

wrongful termination/discrimination/ retaliation

Legal Information — Mon, 30 Aug 2010 15:17:41 +0000

I was recently hired for a job opening, worked for 1 week, I had contacted a cold/sinus infection during that week, showed up everyday on time and early even. Wore what was asked me to wear for work as for a uniform black pants/black shirt no sneakers did my hair and make-up. Same as those who around me were requested told to wear even though not all wore it everyday. Yesterday I went into work 10 minutes early to get the drawer count down, my boss asked me what was wrong while i was wearing the uniform my hair was just scrunched up with hairspray and i had makeup on, I had stated i was not feeling good, she told me to go home because I could not come to work looking like that while looking me up and down moving her finger around giving me dirty looks. I do not work around food at all and do not work in a health department I work for a lingerie/adult shop. She stated that I should have just called in and now she has to find someone else to work my shift. I had stated I would work but she refused. So I had gone in the back called for a ride home while she was upfront. While waiting for my ride she had came in the back and asked if i got my ride home, continuing on she asked me why I didn’t go to a doctor I stated I have no insurance and I had planned on going to a local nurse office once i received my first check. It was not good enough for her, She continued to state that My appearance has gotten worse and worse since I started my job with-in one week, even though my hair, makeup and what was required of me to wear i did. I believe I looked no different than the other people I was not dressed inappropriate or anything. She than continued to say i signed the attendance policy, which is why i showed up even when i wasn’t feeling good because I was new and It was a weekend so I knew I had to show up so I wouldn’t loose my job, She had gotten madder by this point and said “now I HAVE nobody to work this shift and I am a person down so I have to stay” even though I was willing to work the shift she refused and stated that this isn’t going to work out, basically because my looks even though that’s what they requested, and because i showed up to work with a sinus/cold and didnt want to miss work and get fired. I had no changed my appearance hair color/ makeup/ tattoos/piercings all were the same as the day they hired me. What I need to know is this some sort of discrimination or retaliation because after she told me to go home she couldn’t find someone to work the shift she was mad? Is this a wrongful termination, because i showed up did my job, did as requested, and followed procedures for work even picked up others shifts from others that could not work due to other circumstances.

Breach of Contract, teacher

Legal Information — Fri, 20 Aug 2010 14:13:44 +0000

Can a teacher go to jail if they quit the same day they sign a contract basically not giving any notice (not even 2 weeks) and having a breach of contract?

Termination, improvement plan

Legal Information — Fri, 20 Aug 2010 14:11:11 +0000

I was terminated on July 28, 2010 from the Company I worked for, for 15 years. I was given an improvement plan with items I needed to work on on July 9 and I had until the 23rd for these changes to be made. A few days before we were to discuss the improvement plan my boss said to me I may have jumped the gun a little and I was doing better. On July 27, my building had an audit and I had made one mistake within that audit on July 28, I was terminated with the reason that I had made that mistake. Since then I have tried fighting for my job back by filling out an appeal then I later met with the General Manger and he then stated I wasn’t terminated due to the mistake I made it was for my performance.

paid less then im working for

Legal Information — Tue, 17 Aug 2010 14:42:34 +0000

can my employer use me to work at my highest level of qualification but pay me for a much lower one? they claim they can due to a rule they have that states i cant receive more then one pay rise a year. is this legal? do they have to compensate me?

Fired after Returning from maternity leave

Legal Information — Fri, 13 Aug 2010 16:44:37 +0000

I was recently fired from my job. I was written up for poor work performance prior to my maternity leave. I did not sign the write up. I returned to work on Monday and fired by Wednesday. They said due to poor work performance again. What rights do i have regarding this matter? I live in North Carolina.

Employee or Not?

Legal Information — Fri, 13 Aug 2010 13:33:12 +0000

The company that I worked for for over 4 years is in the process of being sold; meaning the papers have not been finalized. The sale date is 6/1/10. I was paid thru my old employer for the month of June and 2 weeks in July. I was asked by the new employer to fill out a new w-2, direct deposit form etc. which I did. I was under the impression that I was an employee of theirs by doing so. I then received one paycheck thru their new Tax ID. The following week they gave me a company check with no taxes taken out of it. The same the next week. Things looked very suspicious to me so I asked if I am working there or not. I was told that starting this week, I could work as a sub contractor until the business was finalized and then I would lose my job. I advised them that I am not set up to be a sub contractor. I also asked why didn’t they tell me about this prior, when I was receiving gross payments. I was told those 2 weeks was completely different and they were doing that on the advise of their lawyer. I am not sure they are going to pay me for the last week that I worked. What is my recourse to this whole situation?

employee vs employer

Legal Information — Thu, 12 Aug 2010 16:48:40 +0000

i have a pending lawsuit against my employer for wrongful termination, 6 months back pay, & for the $5000 she borrowed to buy items for her business. in retaliation, she’s suing me & my husband for stealing & using her store to sell personal merchandises. i have customers & friends who can voucher that these are not true. does she have a case against us? are there lawyers that can help me for free? what are our legal options? can we counter sue?

non compete agreement, job description completely changed

Legal Information — Wed, 11 Aug 2010 13:16:08 +0000

I worked with a company for 7 months and signed a non-compete agreement. I quit the job and after 1 month before my agreement would be over they called and wanted me back.i took the job and signed another non compete. After i started working, my job description completely changed and now i’ve been offered a job by another employer to do what my existing company hired me to do which is be a shop manager.Now they have me on the road as a salesman.Is there anyway to get out of this agreement since they have changed my job description. Its obvious they re-hired me so i couldnt go to work anywhere else. they get me to sign a new agreement and then i’m stuck for 2 more years. thanks

final paycheck, docking travel

Legal Information — Wed, 11 Aug 2010 12:50:58 +0000

I have recently quit my job without giving two weeks notice. The company is trying to dock my final paycheck for costs of a convention (plane ticket and show cost) that is more than a month away that I am no longer eligible to attend. There was no prior notice that if I was no longer employed by the company that I would be responsible for these costs. Is this legally allowed?

Wrongful termination, Lansing MI

Legal Information — Mon, 09 Aug 2010 20:16:11 +0000

My 17 year old son was fired from Meijers in Lansing, MI. Initially he was suspended, at the time he was a member of the union. My question is when disciplinary action is taken against you shouldn’t there be a union rep present.

Severance Repayment

Legal Information — Mon, 02 Aug 2010 22:14:49 +0000

I was laid off on 7/21/10 from a full time HR analyst position in local government. I interviewed with the same employer on 7/22/10 for a low paying permanent part time position and started working in this position today 7/26/10. I received a payout/severance based on years worked. Now they want me to pay back the entire payout because they said there was no gap in employment. I was making $5000/mo and will now make $1500/mo. Can they really get away with this? Now I have to decide to keep the money or the job. They say it’s justified because I never technically left payroll.

Being accused of violating a non-compete agreement

Legal Information — Sat, 31 Jul 2010 12:37:57 +0000

I recently received a letter from my former employer’s attorney stating that they have information that I am working for XYZ Company and that I am violating the terms of my non-complete contract.

I am NOT employed by anyone and not entirely sure why they have reason to believe that I am. They are demanding that I return to them everything that I have in my possession – all I have is a ball-point pen that was given to me as a gift.

Do I need to do anything? I tried to contact both my former supervisor as well as the attorney and neither have returned my phone call. I do not want to ruffle any feathers, but I also do not want to end up in court over something that is obviously untrue.

Employment Contract, there is a clause mutually agreed by the employee to permit the employer to deduct

Legal Information — Tue, 20 Jul 2010 20:48:38 +0000

In the Employment Contract, there is a clause mutually agreed by the employee to permit the employer to deduct a sum of RM100.00 per month from his salary/wages as a saving for the employee during his course of employment. This total saving shall be refunded to the employee upon the expiry of the Employment Contract or Work Permit which is on a yearly basis.

If the employee did not claim the total saving within fourteen (14) days after the expiry of the Employment Contract or Work Permit, then the total saving shall be considered as burned.

Can you please advise if this clause is valid and enforceable?

Thank you.

policy changes, Can a small business changes its pay policy ?

Legal Information — Tue, 20 Jul 2010 14:45:29 +0000

Can a small business changes its pay policy in the middle of an awarded contract to get out of paying wages agreed on in the previous policy?

Labor law, required to work six-days a week?

Legal Information — Mon, 19 Jul 2010 22:59:00 +0000

At my hiring, never revealing I would be required to work six-days a week. In fact, the first Saturday I did work was my boss mentioning we were busy and asking if I would like to come in and help, very voluntarily. After this one time, it became mandatory to work Saturdays. If I were aware I would be working six days, I never would have accepted the job. I still will not work six-days a week so we obviously are heading for a show down. No, I have not been with this company long, under ninety days. I view this situation as constructive dismissal.

unemployed, I was laid off in May and will be paid a severance

Legal Information — Thu, 15 Jul 2010 15:04:22 +0000

I was laid off in May and will be paid a severance in August if I have not secured a position with the company by that time. I currently have unemployment benefits. The company called yesterday stating they are calling me back to work but it is not the same department and I would have not applied there. The day before I had contacted Human Resource Mgt for my severance and they said they would process it. I am afraid they will say I denied a position or will block my severance.

Disorderly Conduct affecting employment/

Legal Information — Mon, 12 Jul 2010 18:22:19 +0000

Would having Disorderly Conduct on my record disqualify me from getting hired at a job? Keeping in mind this is a job at Walmart, I am not sure what kinds of convictions would disqualify someone from working there.

Sexual Assault and Tape Recording

Legal Information — Mon, 12 Jul 2010 12:31:12 +0000

At work I was sexually harassed and assaulted by my supervisor. As a result I have developed Post Traumatic Stress Disorder and have spent 7 months in counseling. While under severe stress and Major Depression (also a result of the trauma) I tape recorded my boss to validate that I wasn’t going crazy and that this actually happened to me. I had reached a point where I was so depressed and stressed out that I didn’t know what was real anymore. I had to take 1- 1/2 months off work because I couldn’t function. I told a friend about the tape and that the incidents really did happen and he said that taping a conversation is not legal because I didn’t tell my boss. I am finally gaining the strength to get back on my feet and I feel like I need to report my boss for his behavior so he never does this to another female. What can I do legally? Can I get into trouble for recording him? I live in Santa Barbara, California.