Answers Posted By Sally Stix
Answer to Afraid to stand up in fear of losing my job.
Exempt employee?It sounds like you may not be an "exempt" employee--exempt from the Fair Labor Standards Act in which case you would be entitled to, at least, overtime. But need to know more facts before deciding whether you are non-exempt and whether boss is discriminating.
posted Mar 25, 2009 12:02 PM [EST]
Answer to Am I REALLY salaried?
Salaried/hourlyThere are many factors ging into whether someone is legitimately hourly or salaried. One place to start is the Dept. of Labor's web site. http://www.dol.gov/esa/whd/overtime_pay.htm
posted Oct 6, 2008 4:16 PM [EST]
Answer to Can a WI employer reveal a disability to the entire staff?
May be a privacy violationYour former employer may have committed a privacy violation and you may have a disability discrimination claim depending on the circumstances surrounding the issue of part-time/full-time job requirement.
posted Sep 13, 2007 12:35 PM [EST]
Answer to Discrimination
FMLAMore information is needed such as how long you have been working at the employer's and whether this is a "serious" medical condition.
I suggest that you make an appointment with an experienced employment lawyer in your area so that the facts can be thoroughly reviewed and a more in depth analysis can be done.
For general information about your rights under the FMLA, and in particular about retaliation against employees who take FMLA leave, check out www.workplacefairness.org. That is a website run by a non-profit group that exists to help educate workers about their legal rights.
Employment attorneys can be found at www.NELA.org
Good luck!
posted Aug 15, 2006 10:10 AM [EST]
Answer to Unpaid past wages, H1-B employee, employer refuses to pay
unpaid wagesBelow is a link to the WI Dept. of Workforce Development's wage claim page. It should assist you in filing for the wages due to you and contains a link to a wage claim complaint.
Good luck.
http://www.dwd.state.wi.us/er/labor_standards_bureau/how_to_file_a_wage_claim.htm
posted Jun 14, 2005 1:05 PM [EST]
Answer to Willingness to pay depends. Being out of work has strapped my funds immensely!
Non-competeWI courts frown on non-competes. Whether or not it is valid depends on the language in the nojn-compete agreement.
posted Dec 8, 2004 11:12 AM [EST]
Answer to Non-compete for 1099 status
1099 statusIf you received a 1099 from your "employer," you may not be an "employee." Receiving a 1099 has tax implications as well as affecting the non-compete. It also depends on how the non-compete is worded.
posted Mar 4, 2004 11:18 AM [EST]
Answer to Non-compete demanded signed or terminated-after signing benefits and salary are cut.
Additional thoughtIt is the new employer that should know about the non-compete as the new employer would be the one to defend against it.
posted Apr 22, 2003 11:21 AM [EST]
Answer to Non-compete demanded signed or terminated-after signing benefits and salary are cut.
Arguably notFirst, the courts scrutinize non-competes because they inhibit the "free market."
I think there is a strong argument against the enforceability of the non-compete in this situation. It was signed by the employee based on the continuation of current benefits and salary. If the employer gave no notice of the changes prior to requiring you to sign the non-compete, a court might well find the employer had you sign under false pretenses and void the non-compete. Of course, the employer would have to try to enforce the non-compete for the issue to arise.
posted Apr 22, 2003 11:05 AM [EST]
Answer to PLEASE HELP
Union contractIf the union contract has an agreement or language about the FMLA, the arbitrator should have the right to make a ruling. Is a union attorney representing you? If not, ask for one.
posted Apr 7, 2003 3:16 PM [EST]
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