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May Mon Post

May Post’s Answers

17 total


  • Can you collect unemployment if you quit job due to the company cutting hrs and salary, and can you sue them for PTO promised?

    Person worked 32 hrs/wk making 16/hr now cutting hrs to 15/wk and making 13/hr. Was also promised in email rec'd when they offered her the job,16 days PTO and told she would be considered full time per the manager at the time. Now they are refus...

    May’s Answer

    Generally, if the employer decides to change the employee's duties, time or place of employment and the change is reasonable, the employee must comply, unless he/she can establish good cause for the refusal. I would argue that you should be able to collect unemployment because cutting the hours in half from 32 hours to 15 hours per week, and cutting the salary by $2.00/hour, is a substantial unilateral change in the terms and conditions of employment, which is a cause of a "necessitous and compelling nature" for terminating one's employment. As for the PTO, you have a weak argument because there does not seem to be any "consideration" for this promise or "reliance" by you to your detriment.

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  • Is it legal for my employer to pay me my base salary regardless of the hours he demands I work?

    I am a supervisor in the construction industry and work for a yearly salary. At what point does the law require my employer to pay for additional time I am required to spend working?

    May’s Answer

    It is illegal if your employer has misclassified you as exempt "supervisor." Whether you, as a salaried employee, are entitled to overtime depends on your ACTUAL job duties, not on the job title provided by the company. The reason I say that is because some companies pay employees a salary (instead of an hourly wage) and then tell the employee that he/she is not entitled to overtime because he/she has an "exempt" job title. If the company is misclassifying you, it is illegal. In fact, many salaried employees are entitled to overtime pay. Please talk to an attorney who is thoroughly familiar with wage and overtime rights under the Fair Labor Standards Act ("FLSA") and its complex regulations.

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  • Is this legal?

    the time clock at my work rounds to the quarter hour. however, we are not allowed to punch in even one minute late or we get disciplined and the same is true for punching out early. we are allowed to punch in up to seven minutes earlywhich many pe...

    May’s Answer

    Many companied fail to pay employees for all the time they spent performing work-related activities (for example, for time spent performing work activities before or after their paid shift, for time spent gathering and donning safety or sanitary gear, for time spent attending pre-shift meetings, and for time spent traveling between the shop and the job site). These conducts are illegal. Employees are entitled to be paid for all time spent performing work-related activities, even if the activities are "voluntary." Some companies, such as the one you work for, which use a time clock or other employee punch-in or sign-in system consistently round employees' start and end times down to the nearest quarter hour. Such rounding practices often are illegal, regardless of whether you are an at-will employee or a union employee. Please contact an attorney who practices wage and overtime rights under the Fair Labor Standards Act ("FLSA"). These regulations are complex, and you need to talk to an attorney who is familiar with them.

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  • Can my position be eliminated the same month I have my baby without it being disclosed to me although I didn't take leave?

    My baby was due at a busy time of year for my company. A large portion of the responsiblity for this busy time was mine. My boss begged to come back to work asap. Although I wanted to take maternity leave in addition to unpaid leave (which is ...

    May’s Answer

    Based on what you've said, it sounds as though you may have a viable case. In addition to FMLA violations, you may want to explore pregnancy discrimination claims. Keep in mind that some laws (e.g., the Pregnancy Discrimination Act) apply only to employers with 15 or more employees. And in the case of FMLA, it applies to employers with 50 or more employees. So, please consult an employment attorney in your area as soon as possible to determine your options. Keep in mind, too, that there are deadlines to file your claims. Good luck!

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  • Am I protected under the ADA with asthma?

    I've suffered from asthma for as long as I can remember (20+ years) and I don't remember a time when I haven't had to be on medication because of it. I work at the University of Texas at Austin as a Resident Assistant. My employer is forcing me to...

    May’s Answer

    You should be protected under the ADA if your medical condition substantially limits one or more major life activities (such as lifting, bending, walking, and performing manual tasks); you have a record of such an "impairment" or you are regarded as having such an "impairment." You can let your employer know that you have asthma and request your employer for an accommodation. This should not be regarded as a legal advice, however. Any questions, see an employment in your area. Good luck, and feel free to read a blog on what you should know about your rights under the ADAAA (ADA Amendments Act, which took effect on January 1, 2009).

    http://postlawyer.wordpress.com/category/discrimination-based-on-disability/

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  • What are some things you consider to be discrimanation?(on the job)

    write ups unprofessional speech, etc

    May’s Answer

    There are many aspects of discrimination on the job. For example, because of your "protected status" such as race, age, disability, religion, gender, etc., you are fired; laid off; disciplined (demoted, suspended, among others); denied benefits/training/or equal pay; given worse/less desirable assignments; or not hired. The list is not exhaustive. The employer may give its own reasons for the actions taken, but it may be that the given reasons are not the "real" reason. The real reason may be because of your protected status.

    Disclaimer: This does not constitute legal advice and must not be used as a substitute for the advice of a lawyer.

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  • Am I being discriminated against in my job because of my disability?

    I have epilepsy. I cannot drive and work remotely from home. Last year, I used up my sick and personal days for appointments and due to seizures. My new boss is (JB) Before JB's arrival, I was required to work over the 8 to 9 hours prescribed ...

    May’s Answer

    Your case contains many interesting issues. Rather than trying to explain it all to you, may I provide you with a link to the U.S. Equal Employment Opportunity Commission's website? http://www.eeoc.gov/facts/ada18.html

    Still have questions, talk to an employment attorney/discrimination attorney in your area. Many offer free initial consultation. Good luck.

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  • Is this grounds for a discrimination case?

    I am a former employee of a chain resturaunt I was assaulted by a co-worker while at work and pressed criminal chargers against her. The store manager and defendant are very good friends. The hand book clearly states that if you assault someone on...

    May’s Answer

    The short answer to your question--without knowing the specific details of your case-- is, probably not. However, this is not a legal advice, nor is it a substitute for an advice of an attorney. You should see an employment attorney in your area. To expand, "discrimination" in the context of employment law means "unequal treatment." The law says that no person employed or seeking employment by a business with more than 15 employees may be discriminated against due to his or her race, color, religion, sex, or national origin. If you were subjected to adverse employment action because of your race, color, religion, sex, or national origin, then you may have a discrimination claim. The actions taken against you don't also come under specific retaliation provisions. HOWEVER, in the absence of specific retaliation provisions, your employee rights might generally protect you from employment and workplace retaliation under public policy. So, again, it would be best for you to seek advice from an employment attorney in your area. Good luck.

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  • I need to find a Lawyer to work on a contingency bases on a age discrimination with docutmention stating so.

    I was laid off with 8 others do to down sizing and I am in position of a e-mail to my old boss stating that he needed to focus on hiring a younger grouping of people.

    May’s Answer

    Please contact an employment attorney in your area as soon as possible. Many lawyers work on a contingency basis, and it should be spelled out in the "representation agreement." Also, please be aware of deadlines for filing administrative charges. Good luck!

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  • Could this be discrimination due to my gender?

    I am a male that was recently fired from my job for no reason. I have positive evaluation reports, no discplinary actions against me, and I have always been on time. It has really been getting to me because while I worked at this company I had mor...

    May’s Answer

    It's possible, and we would like you to note that most employees are “at-will” employees, meaning that their jobs may be terminated for any reason or no reason at all. But it does not mean that an employer can fire, lay off, or take disciplinary action against an employee for improper reasons, such as race, gender, color, religion, national origin, disability, age, etc. Speak to an employment attorney in your area so that you know what your rights are. Many offer free consultations. Good luck!

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