Eric A Welter's Answers

Eric A Welter
Herndon Employment / Labor Attorney.
Contributor Level 8

2

Attorney answers:

  1. Eric A Welter
  2. William Ira Corman

Is it illegal for an employee to sexually harass customers/clients... asking for sexual favors...

Asked by a user in Chico, CA - over 1 year ago.

Here is a link to some California FEHC regulations and guidance that may help you evaluate the situation: http://www.fehc.ca.gov/act/harass.asp http://www.fehc.ca.gov/act/regulation.asp

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2

Attorney answers:

  1. Eric A Welter
  2. Herbert J Tan

I didn't pass background for my current Homeland Security job, but I have been working for 6 months.

Asked by a user in El Cajon, CA - over 1 year ago.

You may have rights under the Fair Credit Reporting Act (FCRA), which has certain requirements relating to background checks. http://www.ftc.gov/os/statutes/031224fcra.pdf http://www.ftc.gov/os/statutes/fcrajump.shtm

2

Attorney answers:

  1. Eric A Welter
  2. Erik Hammarlund

CAN A SUPERVISOR TELL ANTHER EMPLOYEE WHY I WAS FIRED

Asked by a user in Hagerstown, MD - over 1 year ago.

Unless there is a confidentiality agreement in place, the supervisor "may" tell another employee why you were fired. The question would be, however, whether that employee had a business-related need to know that information and whether the information conveyed was truthful. Generally, supervisors telling other employees why someone was terminated is considered a bad HR practice and is discouraged by employment lawyers.

3

Attorney answers:

  1. Robert Quinn Johnson
  2. Eric A Welter

I was wondering if it is legal for my employer to send me a text message every day letting me know if I work?

Asked by a user in Big Stone Gap, VA - over 1 year ago.

I have to agree with Robert that there does not appear to be anything unlawful about this practice. The issue of scheduling is more of an HR practice one than a legal one -- and it is not a good HR practice as it will lead to employee dissatisfaction and unrest.

2

Attorney answers:

  1. Alec Scott Rose
  2. Eric A Welter

50 or more employees

Asked by a user in Los Angeles, CA - about 4 years ago.

The prior post makes a good point. When you hit 15 employees you are covered by Title VII (race, color, sex, national origin, pregnancy, religion) and the ADA (disability). With even several employees, you end up being covered by either the Fair Labor Standards Act or state wage law. Yes, the FMLA comes into play at 50. It would be wise to retain employment counsel and have them do a review of your employment practices/policies/handbooks. You should already have discrimination/harassment...

3

Attorney answers:

  1. Kathleen Dillon Hunt
  2. Eric A Welter
  3. Okorie Chukwudimm Okorocha

Employer Falsifying Time Cards

Asked by a user in Lake Havasu City, AZ - about 4 years ago.

No. The federal Fair Labor Standards Act also requires accurate record keeping of time worked.

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1

Attorney answers:

  1. Eric A Welter

Answering summons and complaint

Asked by a user in Otsego, MI - about 4 years ago.

You should check with the court clerk to see what is on the official docket. Answering the complaint is merely the start of the case. Now you are in the discovery phase.

2 people marked this answer as helpful

3

Attorney answers:

  1. Alec Scott Rose
  2. Okorie Chukwudimm Okorocha
  3. Eric A Welter

Write my own severance agreement

Asked by a user in Chicago, IL - about 4 years ago.

Definitely hire an employment attorney to write the agreement, but look for one that has experience with tech/IP issues.

1 lawyer agreed with this answer

3

Attorney answers:

  1. Okorie Chukwudimm Okorocha
  2. Eric A Welter
  3. Jeffrey Michael Kolokoff

Dismissed on defendant case history

Asked by a user in Port Orchard, WA - about 4 years ago.

Usually dismissed without prejudice means the case CAN be refiled again. Dismissed with prejudice means it CANNOT be filed again.

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2

Attorney answers:

  1. Okorie Chukwudimm Okorocha
  2. Eric A Welter

Medical hours earned verus Vacation hours earned

Asked by a user in Seattle, WA - about 4 years ago.

I can't tell you what state law in Washington provides, but the first place you should look is the PTO policy itself. Vacation and sick leave issues are almost always resolved by reference to the language of the employer's policy. Or, if you are in a unionized workforce, the applicable labor contract should address it.

1 person marked this answer as helpful