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Neil Hyman’s Answers

91 total


  • Is it an unfair employment practice to threaten termination if a specific task is not completed?

    Employee in US on workers visa feels threats of losing employment resulting in possible deportation is being leveraged by employer who makes verbal threats of firing same employee if work is not done in an unreasonable amount of time.

    Neil’s Answer

    Unless you have a contract securing your employment for a specific period of time, you are an at-will and can be fired at any time for any reason. Your employer can make unreasonable demands on you to finish work in a specific amount of time.

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  • Do I need an employees' rights lawyer?

    I am a 21 year old part time correctional officer. The part time hour limit is supposed to be 60 hours over a bi-weekly pay period. But some periods, I might work up to 90 hours, which is more than full time would be. I am not receiving any ben...

    Neil’s Answer

    If you are a member of a union or other employee association, you need to speak with them immediately, both about the wage issue and the benefits. Otherwise, you need to find an attorney with experience in wage and hour law. If you are working more than 40 hours in any week, you should be entitled to overtime wages at the rate of 1.5 times your normal hourly wage. Chances are, if if the jail administrator is doing this to you, there are others who are similarly effected and you may have a collective action for unpaid wages. Please contact an attorney immediately about your wage issue.

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  • If my previous employer did not sign the non-soliciataion and/or confiedntiality agreements, are they still valid?

    I was required to sign both a non-solicitation agreement and a confidentiality agreement when I started working with my previous employer. I have since left that company, and when I requested copies of these documents to provide to my new employe...

    Neil’s Answer

    If you signed them and accepted the consideration offered in return, meaning you took the job and accepted payment your work, then the agreement are likely still enforceable. The lack of a signature by the employer does not invalidate the documents. However, if you are worried about a possible violation of such covenants, you should speak with a lawyer who will help you assess if the agreements are enforceable on their merits.

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  • I am a salary employee & have a question

    I was hired to get paid by salary but when I went home at noon (I work 9-5pm) they decucted 5 hours of my paycheck. Is this legal?

    Neil’s Answer

    • Selected as best answer

    If you are an exempt employee, your employer cannot deduct for what is known as a "partial day absence." The fact that you are paid a salary, alone, is not sufficient to determine whether or not you are an exempt employee. You should speak to an employment attorney in your area to figure out if you have any wage claims.

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  • Paid in full for services company has not returned to do the work.

    Paid for driveway work on 5/16/10 (this company had done work for me before). Said they would be back in two weeks to do others in the area. Called them twice - excuse of broken truck then death in family. Still have not show up. Called again ...

    Neil’s Answer

    Contact the Maryland Home Improvement Commission or the Police. If the contractor has a Maryland Home Improvement Contractor license, which is required to perform the type of work they were proposing to do , the MHIC offers various forms of protection and a guaranty fund to assist homeowners in situations like this. If the contractor was not licensed, contact the police about filing a report for theft.

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  • We have a candidate that quit after 2 days of work. We paid relocation and gave him a 10K sign on bonus.

    He worked 2 days and then told us he was leaving because he said that the job was different then what he thought was outlined during the interview process. He signed an offer letter. We do not have anything signed saying he would repay the money...

    Neil’s Answer

    Without a provision in the agreement about the employee agreeing to stay for a certain period of time or having to repay the signing bonus under certain circumstances, you don't have much of a case. Fraud is very difficult to prove because it requires intent.

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  • As a seasonal employee, is it legal for me to be denied overtime after working over 100 hours on a bi-weekly schedule?

    As a seasonal employee, is it legal for me to be denied overtime after working over 100 hours on a bi-weekly schedule? Whether or not i'm an exempt employee?

    Neil’s Answer

    If you are exempt, your employer does not have to pay you overtime for hours in excess of 40 in any given week. However, if you are not exempt, you likely have a significant claim for overtime wages. You should speak with any attorney about your classification as exempt and then you can determine if you have an overtime claim.

    Neil S. Hyman, Esquire
    Law Office of Neil S. Hyman, LLC
    4416 East West Highway, Suite 400
    Bethesda, Maryland 20814
    301-841-7105
    neil@neilhymanlaw.com
    www.neilhymanlaw.com
    Licensed in DC & MD

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  • Is a company truck driver eligable for FMLA leave? He has been employed by a large national carrier full time for over 5 years.

    We are trying to figure out if my boyfriend is eligable for FMLA leave for the birth of our child. He has been employed by a large national trucking company for over 5 years and easily works the minimum 1250 hours a year required for leave. He is ...

    Neil’s Answer

    It sounds like he meets the minimum requirements, as long as he is an employee and not an independent contractor. He would be entitled to up to 12 weeks of unpaid leave for the birth of a child. He should speak to someone in the company's HR department, or refer to his employee manual to figure out the employer's procedures and paper work requirements.

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  • How do I get my employer to pay me?

    I work at a non licenced day care. My employer owes me for around 3 weeks of work. She paid one time and that check bounced. She agreed to pay in cash from then on, but it has been 3 weeks and no paycheck. She owes me $510 by Friday. I told her th...

    Neil’s Answer

    You could file suit in the General District Court for the County where you live. If you did the work, you are entitled to get paid.

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  • I never filled out a W2 and my employer is withholding pay

    I never filled out a W2 and my employer is withholding pay, what can I do?

    Neil’s Answer

    Your employer cannot withhold your pay if you have actually shown up for work, despite not having provided the proper tax forms. I assume you mean you have not provided them a W-4. If that is the case, you can get the form on-line, fill it out and give it to them. If they continue to refuse to pay you, you should talk to an attorney about your legal recourse.

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