Drew M. Capuder’s Answers

Drew M. Capuder

Fairmont Employment / Labor Attorney.

Contributor Level 6
  1. I was fired for a confrontation witrh a manager. some other employees were fired for the same reason but got there job back.

    Answered about 5 years ago.

    1. Drew M. Capuder
    1 lawyer answer

    Based on the limited information you have provided, there is nothing unlawful about your employer's action. Your positive work history, and your apology, do not give you any legal right to be free to arbitrary or different treatment. The employment at will rule, recognized in West Virginia, says that an employer can fire you for a good reason, a bad reason, or no reason at all; but an employer cannot fire you for a reason the law prohibits. Prohibited reasons for termination will fall...

    1 person marked this answer as helpful

  2. Is there a "reason" I can legally quit my job and retain benefits?

    Answered almost 3 years ago.

    1. Robyn Anne Chihak
    2. Drew M. Capuder
    2 lawyer answers

    While I do employment law, I don't have a lot of experience with unemployment benefits. However, I would call the West Virginia unemployment office near you and discuss the situation. They can tell you whether you can now file for unemployment benefits under the theory that you have substantively been laid off, regardless of whether your employer is communicating that to you. You probably already know this, but, because West Virginia follows the employment at will rule, you have now legal...

  3. Can I lose my job for bettering myself?

    Answered about 5 years ago.

    1. Drew M. Capuder
    1 lawyer answer

    Yes, that is legal, based on the limited information you have provided. If an employer provides you the benefit of paying for your tuition toward a particular degree or position, there is no requirement in the law that says the employer must move you or promote you into the position for which your schooling prepared you. It might become more risky for your employer if there was a position at your wokplace for an RN position, where your employer chose note to put you in the RN position. Again,...

  4. Can my employer decide to cut my pay by $.50/hour without consulting me?

    Answered about 5 years ago.

    1. Drew M. Capuder
    2. Alan James Brinkmeier
    2 lawyer answers

    The short answer is your employer can lawfully cut your pay without consulting you, and they can cut your pay for any reason (good or bad) as long as their motivation is not specficially prohibited (such as, if they were cutting the pay only of women, and not of comparable men). In cutting your pay, there is no legal obligation to first consult you. Texas follows the "employment at will rule", and that rule would say that can cut your pay "for a good reason, a bad reason, and no reason"....

  5. Can my former employer withhold my last paycheck

    Answered almost 3 years ago.

    1. Drew M. Capuder
    1 lawyer answer

    You should talk to a lawyer who specifically knows Missouri law. You might also be able to find out about Missouri wage law on your state's web site, and many states have consumer numbers you can call to ask questions. What follows is generalized advice, based on my knowledge of West Virginia and Texas law. Most (but not all) states have laws governing when an employer must pay you and under what circumstances they can withhold or offset a pay check. Employers must typically (but it depends...

    1 person marked this answer as helpful

  6. Regarding employment law

    Answered about 5 years ago.

    1. Drew M. Capuder
    2 lawyer answers

    In the answer I posted a few minutes ago, I accidentally posted the wrong URL for the FMLA provision dealing with the limitations periods, 29 USC 2617(c). Here is the correct URL for the statute: http://www.law.cornell.edu/uscode/html/uscode29/usc_sec_29_00002617----000-.html

    1 person marked this answer as helpful

  7. Can someone be legally terminated via a text message AND for a supervisors story being inconsistent with mine?

    Answered about 4 years ago.

    1. Alan James Brinkmeier
    2. Drew M. Capuder
    2 lawyer answers

    Based on the limited information in your description, it is very unlikely that your termination is unlawful. Your state follows the employment at will rule, which means that an employer is allowed to lawfully terminate an employee for a good reason, a bad reason, or no reason at all. Whether your version of events is different from that of your supervisor is of no consequence legally (at least based on these limited facts). There is no legal requirement as to any method of termination. So an...

  8. Regarding employment law

    Answered about 5 years ago.

    1. Drew M. Capuder
    2 lawyer answers

    The employee must file suit within 2 years after the date of the "last event" constituting a violation of the FMLA. However, if the employee establishes that the violation by the employer was "willful", then that period is extended to 3 years. These time periods are set out in 29 USC 2617(c): http://www.avvo.com/legal-answers/regarding-employment-law-101654.html Here are the Department of Labor regulations interpreting the FMLA: http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/toc....