Adam Kielich
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Answers Posted By Adam Kielich
Your company should talk to its legal counsel about its FMLA policy.
https://denverlaborlaw.com/employment-lawyers/family-medical-leave-act-fmla-colorado/
posted Dec 23, 2017 6:19 PM [EST]
https://denverlaborlaw.com/employment-lawyers/family-medical-leave-act-fmla-colorado/
posted Dec 23, 2017 6:19 PM [EST]
Answer to NJ Unemployment benefits pended, is this due to my 401K withdrawal?
Many states tightened the belt on unemployment benefits after the recession in the late 2000s. Under many state unemployment laws if you receive any benefits from a former employer, like severance or a 401k distribution, your unemployment benefits stop because you have an income source available. Unfortunately most people discover this after they take money out of a 401k or accept a severance offer. I do not know whether this is the case in NJ but you should talk to an attorney ASAP.posted Dec 23, 2017 6:18 PM [EST]
Retaliation claims require your specific act is protected from retaliation by statute or common law. If the act is not protected then your employer is free to retaliate. Employees often misunderstand that employers are only prohibited from retaliating against an employee for those acts specifically identified by law. Here you may have a claim if the state unemployment statute prohibits retaliation for participating in a hearing or investigation of an unemployment claim by another employee. If it does then you should talk to an employment attorney right away about your potential claim. Learn more about retaliation claims at https://denverlaborlaw.com/employment-lawyers/wrongful-termination-claims-in-denver-colorado/wrongful-termination-in-retaliation-within-colorado/ although the link is about Colorado law it is generally applicable to understanding retaliation claims.
posted Dec 23, 2017 6:13 PM [EST]
posted Dec 23, 2017 6:13 PM [EST]
Answer to Retaliation - Did I truly waive my rights to file an EEOC complaint?
A waiver of the right to file a charge of discrimination with the EEOC is generally unenforceable. However, if the EEOC declines to take up your case and file suit on your behalf then you have no further remedy. You cannot file suit on your own and the former employer is highly unlikely to give you more than what you already agreed to receive the severance.posted Dec 23, 2017 5:58 PM [EST]
Answer to Do I have a case for wrongful demotion?
Based on these facts alone I do not see a claim exists on the basis of a difficult relationship with others in the workplace. Although it sounds like the workplace is hostile, not all difficult workplaces create a claim for hostile work environment. This page is not specific to your jurisdiction but may give you some helpful insight into the types of hostile work environment claims that commonly arise. https://www.kielichlawfirm.com/employment-law/harassment-lawyers/ You should consider scheduling a consultation with an attorney. There may be important details left out that would give you a valid claim to consider.posted Dec 11, 2017 11:20 PM [EST]
Answer to Fired after giving notice of resignation - what can I do?
Under an at-will employment relationship an employer can terminate an employee at any time not prohibited by law. Turning in notice that you are ending the employment relationship does not change the employer's right to independently end the relationship first. This page discusses Colorado employment law in particular but it generally applies to most states about when an employer can fire you: https://denverlaborlaw.com/wrongful-termination-claims-in-denver-colorado/posted Dec 11, 2017 11:14 PM [EST]
Answer to What can I do about clocking out for lunch and possible discrimination?
If you take a break for lunch and that break is more than twenty minutes then your employer is free to not pay you for the break period. The concerning issue is why your employer treats you differently from other employees. If they are allowed to take paid lunches and you are not then you may have a claim for racial discrimination.You can file a complaint of racial discrimination with the Texas Workforce Commission or EEOC and allow them to investigate, The concern you point out about potential retaliation is valid. Although retaliation may result in a second claim against your employer that may not be a lot of help if you lose your job and cannot afford your bills.
Some additional helpful resources:
http://www.eeoc.gov
https://www.kielichlawfirm.com/employment-law/racial-discrimination-lawyers/
posted Dec 11, 2017 11:09 PM [EST]
Answer to Can I be fired for going to HR?
Depends on why you went to HR.posted Jun 5, 2017 8:28 PM [EST]
Answer to My Employer is trying to make us work overtime can they do this an is there a law to say they can,t
In Texas an employer can require an employee to work more than forty hours in a workweek unless the employee works under a contract that limits hours or the employee works in a job that is limited by law from working beyond a set number of hours. If you do not work under a contract that limits your hours then you are probably at the mercy of your employer's demand to work overtime. Private security agents are not limited by law in hours worked. You do not have to work the overtime if you want to risk losing your job; but if you do work the hours you must be paid appropriately. See more at http://kielichlawfirm.com/employment-law/wage-overtime-claims/posted Jun 5, 2017 8:28 PM [EST]
The pension benefits she earned do not go away because she is leaving corporate to work at a franchise as long as she is fully vested in the pension benefits. After that length of time she is likely fully vested but the only way to know for sure would be to review plan documents and her employment record. See more at http://kielichlawfirm.com/employment-law/employee-benefits/
posted Jun 5, 2017 8:26 PM [EST]
posted Jun 5, 2017 8:26 PM [EST]