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Benjamin Harris Yormak
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Benjamin Yormak’s Answers

208 total


  • What should I do?

    I went to the hospital the 14 of this month. He gave me a paper to be out of work. Til the 21. Lifting limited to 10lbs. My job said no I could not work with that so they wanted me to have him sign a paper saying that I could lift more then 10 lbs...

    Benjamin’s Answer

    Please re-post this as your facts are cut off.

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  • Can i be fired for taking unscheduled time off from work ?

    i work for a very large company in florida. they like 24 hours notice if i"m not going to be at work or its considered unscheduled time off, that they document .thanks !

    Benjamin’s Answer

    • Selected as best answer

    Mr. Schofield is correct. I would add that even if your leave is for medical reasons under either the FMLA or the ADA, be very careful to comply as best as possible with the employer's procedures for obtaining time off or reasonable accommodations (under the ADA). Simply claiming the time off was for medical reasons is insufficient if you failed to comply with your company's procedures (as best as possible). I have seen employers often raise this as a defense, which essentially would remove your termination (assuming you were terminated) from being for medical reasons but rather would be for "failure to comply with company policy." Bad news: it's a valid defense, so make sure you follow their leave policy and also be sure to make all requests in writing (and keep a copy!).

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  • My employer put me on medical leave because I am a diabetic and my sugar was very high, I have since gotten it under control.

    I have permission to go back to work from my PCP and Endocronologist but they want more medical proof, I feel that is confidential and I am being discriminated against because of this medical condition. There are other diabetics working for this ...

    Benjamin’s Answer

    I agree with Mr. Young in that the medical privacy laws (HIPAA) protect most health information from disclosure to your employer. However, if you have been out on Family & Medical Leave Act (FMLA) leave or taken leave under the Americans with Disabilities Act (ADA), the employer is entitled to only "clarification" from your physician regarding forms filled out by your doctor or clarification as to whether you are able to perform the essential functions of your position- that's it. If your doctor provides a release and states you are able to perform the essential functions of your position, the employer must allow you to return to work. Also, if your employer has prevented you from working despite being medically cleared to return, the employer could be liable for your lost wages as it could have either interfered with your rights under the FMLA or discriminated against you in violation of the ADA.

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  • Is it legal for a newly hired company boss to come in and take all the years of an employer and put them as new employees?

    My mother has worked for the company 17 years and they want to take away her senority and make her fill an application again as if she was a new employee. But she has a retirement plan in effect. She will retire in 7 more years. Is it legal for th...

    Benjamin’s Answer

    I agree with Mr. Schofield but would add that if your mother's "re-remployment" with the employer interferes with her retirement plan, she may have a federal cause of action under the Employee Retirement Income Security Act (ERISA). Also, if the employer has taken away seniority as a means of reducing retirement benefits to be later paid, ERISA would likely provide a remedy there too.

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  • Employer is refusing to give me my final paycheck because he thinks I am witholding company property

    My employer has failed to pay me my final paycheck because he thinks i have company property, which i don't, is this legal?

    Benjamin’s Answer

    Under no circumstance can your employer withhold your final pay check because it alleges that you possess company property. Under the Fair Labor Standards Act, you have an absolute right to demand payment of your final pay check. However, if you are in fact withholding company property, you could invite a situation where the employer pays you your final pay check but then sues you to recover their property you have in your possession. But regardless of whether you have any company property in your possession, you must be paid your last pay check.

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  • Can my employer eliminate my position and force me to take a pay cut by giving me a new title?

    My company is restructuring and has essentially renamed my position. This new title pays less than my current rate. Is that legal? Do I have any way to protect my income given that it is the same job and the same hours and expectations. When I ask...

    Benjamin’s Answer

    I agree with Mr. Schofield. The employer is allowed to change the "terms and conditions" of your employment so long as there is no employment contract (and no, the handbook is not a contract) or a collective bargaining agreement (union contract). When the employer restructures and reduces your pay, as it appears your employer has done, you essentially have two options: take it or leave it. This assumes, of course, that your employer has not reduced your pay so much that it drops below minimum wage.

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  • My husband's employer has misrepresented my husband's employment status as independent contractor vs. employer.

    He has had the job since January of 2014. He has great reviews from his "boss" that his work is excellent and that he is a "keeper", We found out Saturday 2/15/14 (by accident) that he has been classified as an independent contractor vs. employee...

    Benjamin’s Answer

    Unfortunately, this is situation is something I have seen more and more in my practice. Assuming, as you have indicated, your husband was misclassified as an independent contractor when in fact he was an employee, there are more than just tax issues that arise. For example, if your husband worked more than 40 hours in a given week, you should have been paid over time (time and a half) for each of those OT hours. Under the federal Fair Labor Standards Act (FLSA), a business does not have to pay independent contractors overtime but DOES have to pay employees overtime wages. If your husband demanded to be properly classified, you may have both an overtime claim and also, and more lucratively, a retaliation claim for his termination since, from the facts provided, it seems your husband engaged in statutorily protected conduct by demanding he be properly classified as an employees. This likely triggers protections of both the FLSA and Florida's Private Whistleblower's Act (provided he objected to his misclassification in writing). This would possibly entitled your husband to recovery of back pay, front pay, punitive damages and attorneys fees/costs.

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  • Can an employer have me work for free

    I manage a collision shop at the end of November we lost our biggest account I was told if I wanted to remain employed I could but he would not pay me I reluctantly agreed to do this for a week or two.It has been over 3 months I was led to believe...

    Benjamin’s Answer

    Under the federal Fair Labor Standards Act (FLSA), your employer is required to pay you at least minimum wage for each hour you worked, regardless of whether or not you were a manager (ie. salaried). Since it appears that your employer has willfully refused to pay you for over three months, you should probably call an attorney since under the FLSA, attorneys fees are included (meaning you will get them back if you win). Also, if you demand proper payment and then get fired, you would also likely have claims from retaliation under the FLSA.

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  • Is it wrongful termination

    I was recently fired from my job because of findings in an em

    Benjamin’s Answer

    Your post appears to have been cut off when you posted it. Please re-post so that attorneys may address your questions.

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  • Need help ASA? Told my job two days ago have app.to doc.they told me cancelled.( I'm afraid loosing my job.)

    I had a misscariage two weeks ago, I have a app. To doc, they said had to let them know two weeks ago ,they told me to cancel my app.and come to work.

    Benjamin’s Answer

    From the limited information you have provided, it appears that your employer may be violating the Pregnancy Discrimination Act and/or the Americans with Disabilities Act if they are refusing to allow you to attend one appointment with a physician (and if your employer has more than 15 employees).

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