Skip to main content
Kevin Patrick Camden

Kevin Camden’s Answers

9 total

  • Can your employer take monies from your check?

    I am employed by a certain person whom sends me home early. We all have a set schedule and then at the end of the week he will take the monies out of your check.

    Kevin’s Answer

    As a rule, if you are salary, and employer cannot take unilateral deductions from your pay without a court order or your agreement. If you are hourly, you are only being paid for the hours you are working. If you are salary and the employer is doing this, the employer runs the risk of losing your exemption as "salaried" under the FLSA and may be forced to pay your hourly, including overtime.

    See question 
  • Can a previous employer in the state of fl give your salary info to a prospective employer call for a reference?

    do I have to answer a question re: previous salary on a new job application. I don't want to but wonder if the last employer will tell what I was making. If so, is this legal for them to give salary info over the phone?

    Kevin’s Answer

    In Illinois, the answer would be yes, the information can be given.

    See question 
  • Can a former employer give personal opinions and negative references to a prospective future employer?

    I recently discovered that my former employer is giving extremely bad references incl. his personal opinions of me which i believe is preventing me from being hired. I was with the company for 10 years when my former supervisor was brought in and...

    Kevin’s Answer

    Most employers will not give out negative information for fear of being sued for defamation (slander). The fact that your former employer is doing so and others are telling you that is the case leads me to believe you may well have a cause of action for slander. They are saying disparaging things about you, you are not getting jobs because of it and you can show that was the reason. Find a local lawyer and consult him or her, as my answer is based solely on the limited facts you are sharing and I have no idea of there is a statute of limitations issue.

    See question 
  • Can an employee be fired for drinking alcohol in his car during lunch break

    my dad was fired cuz someone said they saw him drinking in his car at lunch. he said he did not do it but admitted to drinking a couple beers when he wasnt at work and agreed to an alcohol test which showed up for .2% but he was still let go. He h...

    Kevin’s Answer

    If there is zero tolerance policy at his workplace, I see little hope, especially if he admitted to drinking. Secondly, what is his disciplinary history? If it's clean, he may be able to work out a "last chance" agreement in lieu of termination or discipline. Use the union rep's experience to help him.

    See question 
  • My position was eliminated conveniently after confronting management of unfair treatment. EEOC said can't prove. Can I pursue?

    I have a 3" binder with emails of harassment, etc. Not to mention due to the mental and verbal abuse am now having a hard time finding/keeping a job.

    Kevin’s Answer

    Did you file a charge with the EEOC? If so, was it denied? If it was, did you receive a right to sue letter? If you received a "right to sue letter", you need to file a private lawsuit in federal court.

    See question 
  • How and who do i prove unfair labor practice to?

    My boss let me go. On my last day of work, a new person began her first day. The boss told me it was due to the economy and that the other employee that was hired was cheaper then me

    Kevin’s Answer

    First, did you have a contract? If so, you may have a just cause for termination, meaning you can't just be "let go". If not, were you terminated for cause?

    Second, are you a union member? If so, you may have grievance rights and I suggest you contact your union.

    Third, an unfair labor practice is a charge filed against a union or management by a union, so I do not think that is what you are looking for.

    See question 
  • Real Estate question

    My husband and I dont have enough credit to back up a home loan. For that reason my mother in law has offered to purchase the house of our dreams under her name. Can we request the tax credit for new home buyers under our 2009 taxes even if our ho...

    Kevin’s Answer

    Probably not. More importantly, have you ever purchased a home? If so, you are definitely not eligible, although if a spouse has not purchase a home (no name on mortgage or deed), he/she may be able to qualify.

    See question 
  • Do I have any recourse against my employer for targeting me because I had a workers' comp claim?

    I was hurt very badly at work, and when I returned today to start working part-time, my employer informed me that my new salary is $15.00, (it was $22.50), half of my paid vacation is gone and I am being treated as an outcast. I am an Office Mana...

    Kevin’s Answer

    From the brief description, you may well have a retaliation claim. All other things being equal, if you suffered a negative action regarding your employment solely because you suffered an on the job injury and/or filed a workers compensation claim, you may well have a strong retaliation case. I would seek counsel from a lawyer in your area about workers compensation claims/retaliation claims for filing a workers compensation claim.

    See question 
  • What claim do I have against a prospective employer who contacted my present employer who now shuns me ??

    I submitted an application for a job to "test" the market and indicated that the employer should not contact my present employer until after I leave present employment. The prospective employer contacted my present employer (to check references I ...

    Kevin’s Answer

    Not much, unless the present employer disparaged you or made false statements about you, which will be quite difficult to prove. If your current employer is harassing you or making the workplace "hostile", you may be able to seek relief from the EEOC or your state's companion agency, if any.

    See question