George Allen
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Answers Posted By George Allen
Answer to Docked half day's pay for going home early due to MSG poisoning from catered food at work.
No, it is not legal. An employer may not dock the pay of a salaried employee for a partial day absence.posted Jun 27, 2018 3:36 PM [EST]
When an employer cuts a check for back pay and the amount is larger than your usual paycheck, the payroll software may automatically withhold at a higher rate as though you are in a higher tax bracket. If the settlement agreement did not specifically detail how withholding would be done it's probably too late to do anything about it. On the bright side, this will benefit you when you file your taxes next time.
posted Apr 11, 2018 10:08 AM [EST]
posted Apr 11, 2018 10:08 AM [EST]
Answer to Are my rights being violated?
Yes and no. Yes, in that these seem like incremental steps towards taking some action against you. No in that it doesn't sound like you have suffered an "Adverse Employment Action," at least not yet. Consider sitting down with an employment lawyer in your area. Try the "find a CELA member" tool at www.cela.org. CELA is an organization of employee-side attorneys. Good luck.posted Nov 16, 2017 2:31 PM [EST]
Why not speak to your colleague first? Tell her you were offended and ask her not to repeat. If she responds appropriately, the problem is resolved with a minimum of fuss.
posted Sep 26, 2017 10:17 AM [EST]
posted Sep 26, 2017 10:17 AM [EST]
There is nothing illegal in this scenario unless your employer used the layoff as a subterfuge to get rid of you for an illegal reason (discrimination, retaliation for legally protected activity, etc.).
posted Sep 14, 2017 3:52 PM [EST]
posted Sep 14, 2017 3:52 PM [EST]
Depending on the details, this could go either way. It's worth looking into. I highly recommend that you discuss the details with an experienced employment law attorney. The "FInd A CELA Member" link at www.cela.org is a good resource for locating an employee-side attorney.
posted Feb 9, 2017 1:04 PM [EST]
posted Feb 9, 2017 1:04 PM [EST]
Answer to Vacation Pay After Layoff in California
It depends on the policy for how vacation time is accrued. If you had 20 days on the books as of January 1, then you should be paid for those days. If you accrue vacation incrementally over the year, then you would only have a claim for whatever was accrued as of January 1.posted Jan 9, 2017 12:34 PM [EST]
Answer to When I was fired my boss told me they were going in another direction and
I agree with what Mr. Itkin said, above. Depending on the details, this may be a strong case. I highly recommend that you sit down with an experienced employment attorney. One source for locating an employee-side attorney is the membership listing at www.cela.org. Good luck to you.George Allen
posted Dec 21, 2016 12:04 PM [EST]
Giving notice of retirement does not insulate you from being fired before the retirement date if the reason for the firing is unrelated to the notice of retirement. So far as I know, there is no "rule" controlling how far in advance of retirement you can give notice.
posted Nov 29, 2016 5:09 PM [EST]
posted Nov 29, 2016 5:09 PM [EST]
Answer to Insurance industry, moved from FL to CA and a client would like to remain with me, but I signed NC
CA law would not prevent you from taking care of your clients at a CA employer, but there are some significant tactical issues in such cases. First move should be to review your non-compete with your new employer's attorney, if available. If that's not available, consult with an experienced CA attorney. www.cela.org is a good source for finding an employee-side attorney near you.posted Oct 6, 2016 12:17 PM [EST]