Adam Kielich
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Answers Posted By Adam Kielich
Answer to I work in property management and my complex went on the market and were being offered a
Some of the question is missing so it's hard to give a good answer here. If you resigned and accepted some kind of payment in exchange for resignation then you probably do not have a claim for employment benefits. Only way to know for sure would be to review the documents provided. See more at http://kielichlawfirm.com/employment-law/non-compete-agreements-severance/posted Jun 5, 2017 8:24 PM [EST]
Answer to Work decides not to continue to pay me
Hard to say whether you have a claim against the employer with so few facts but there is a likelihood that the employer owes you at least minimum wage for hours you worked, if you continued working there. Only way to know for sure would be to talk to a local employment lawyer. Learn more about your employment rights at http://www.kielichlawfirm.composted Jun 5, 2017 8:22 PM [EST]
Answer to I am a salary exempt employee my employer states hours will be deducted from my salary for days miss
A salaried exempt employee who suffers a deduction for a partial day absence is no longer exempt from overtime and minimum wage requirements under the FLSA. See more at http://kielichlawfirm.com/employment-law/wage-overtime-claims/posted Jun 5, 2017 8:20 PM [EST]
Answer to Is there a statue of limitations on a company for fasley accusing a employee of failing a drug test
I'm not sure I understand whether you have an issue with the accusation of failing the first test or with the lab releasing the second test results to the employer.posted Jun 5, 2017 8:19 PM [EST]
Just to be clear: Texas is a one party consent state which means at least one party to the conversation must consent. If you are not a party to the conversation you cannot record it without the consent of another person. If you record your own conversation then you obviously gave your own consent.
The actual issue here definitely depends on why the employer lied and what was lied about. Employers can fire employees for bad reasons or wrong reasons. The recordings might be good evidence in an unemployment hearing. If the employer fired you for an unlawful reason or the dishonest reason was manufactured for an unlawful purpose (like unlawful employment discrimination) then you may have a very good claim against your prior employer. Best thing you could do is save copies of the recordings and talk to a local Texas labor attorney. Learn more at http://www.kielichlawfirm.com/blog
posted Jun 5, 2017 8:16 PM [EST]
The actual issue here definitely depends on why the employer lied and what was lied about. Employers can fire employees for bad reasons or wrong reasons. The recordings might be good evidence in an unemployment hearing. If the employer fired you for an unlawful reason or the dishonest reason was manufactured for an unlawful purpose (like unlawful employment discrimination) then you may have a very good claim against your prior employer. Best thing you could do is save copies of the recordings and talk to a local Texas labor attorney. Learn more at http://www.kielichlawfirm.com/blog
posted Jun 5, 2017 8:16 PM [EST]
Answer to Is this retaliation?
Generally disciplinary action for complaining about a wage issue is unlawful retaliation. Depending upon the facts here you may have a valid claim against your employer. I could see these facts also not supporting a valid claim. Bottom line is that you should talk to a Texas employment lawyer ASAP. See more at http://www.kielichlawfirm.composted Jun 5, 2017 8:13 PM [EST]
These situations are difficult because it requires determining whether the employer made the change due to your FMLA request. It isn't clear from the description that your schedule was expanded to include some evenings or if your schedule was reduced to only these special events. That certainly matters to your FMLA situation. Bottom line is that you need to talk to a local FMLA attorney about this situation. See more at http://kielichlawfirm.com/employment-law/fmla-claims/
posted Jun 5, 2017 8:10 PM [EST]
posted Jun 5, 2017 8:10 PM [EST]
If the company has a policy to pay out accrued but unused vacation time and you satisfy the policy to receive payment then yes, the employer must pay it out. If there are conditions in the policy, such as giving two weeks notice, and you did not satisfy those conditions then the employer is not obligated to pay it out.
If you qualify under the policy then the payment usually occurs 1-2 pay cycles after you quit. If you do not receive it then you should contact HR to discuss. You may need to file a wage claim for payment. See more at http://www.kielichlawfirm.com/employment-law/
posted Jun 5, 2017 8:02 PM [EST]
If you qualify under the policy then the payment usually occurs 1-2 pay cycles after you quit. If you do not receive it then you should contact HR to discuss. You may need to file a wage claim for payment. See more at http://www.kielichlawfirm.com/employment-law/
posted Jun 5, 2017 8:02 PM [EST]
Answer to Can my work to resign me without my sign?
I don't completely understand the situation with the signatures but there is a problem from the beginning with the refusal to accept the FMLA paperwork. You should contact a local employment attorney to discuss this situation. Learn more at http://kielichlawfirm.com/employment-law/fmla-claims/posted Jun 5, 2017 7:58 PM [EST]
Answer to Do I have a case or what are my options?A
From what you describe it does not sound like there is anything for you to do. They saw a potential problem and investigated it. After investigating they decided you were innocent and that was the end of it. It doesn't sound like they are holding it against you or that your job is jeopardized.posted Jun 5, 2017 7:57 PM [EST]