Aaron B Maduff's Answers

Can I sue my employer for wrongful termination if fired while out on doctor ordered medical leave under WA employment law

Depending on whether your employer is covered under the Family and Medical Leave Act and whether you are a covered employee, you may have rights to job restoration upon return from medical leave. Your employer is covered if it has more than 50 employees within 75 miles of where you worked. You are covered if you had been an employee for a year or more at the time you requested the leave and had worked at least 1250 hours during the prior year. If you fit these requirements, then the question...

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Do Auto Technicians get time & one half for over 40 hours? My employer says "No & no premium for night shift either."

It sounds like you have a contract for that night shift premium. You may also be entitled to time and a half for the overtime hours depending on what you are doing. A job title is not enough information because they can be arbitrary. You should consult an employment lawyer.

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Do i have a good case for filing suit?

Employment is generally at-will which means that your employer does not need a reason to fire you. There are exceptions. For example, it would be illegal to fire you because of your gender or race or because you complained of certain legal violations. While an employer does not need a reason to terminate you, when a bad reason is given (and this does seem a bit unusual) it may be that there is a different reason for your termination and you need to know that.

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Can I sue my manager for making sexual comments to me while at work?

You are definitely in the realm of sexual harassment. What constitutes sexual harassment is generally a combination of how serious the acts are and how often you are facing them. Thus, only a few instances of inappropriate touching may constitute sexual harassment while verbal comments as you describe may take more to reach the point where a court will recognize it as sexual harassment. In any event, if there is a sexual harassment policy, you are going to have to use it -- i.e. make a...

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Is it legal to deduct funds from my pay check for a traffic ticket in a company vehicle in the state of illinois?

Generally speaking, deductions need your consent. (There are exceptions of course.) Where an illegal deduction has been made, you have not been paid yor full earnings. This is a violation of Illinois Wage laws and you can file a claim with the department of labor, or a private cause of action with a private attorney. In this case, because the amount of money is likely to be small, you are probably better off with the Department of Labor.

Yes

Yes. Which question are you referring to?

Can I sue my employer for invasion of privacy?

Employment is at will and your employer can terminate you for any reason so long as it isn't an illegal reason. As a result, you may want to provide more information anyway. I am not familiar with the criminal law, but there may be an issue with your employer impersonating a cardiologist. I would be concerned about your doctor releasing more information than you would like, but it sounds like he was careful here.

My girlfriend is a stripper and was injuried on the job, her employers say she is a independent contractor yet they schedule her

Exotic dancers are commonly misclassified as independant contractors. The distinction between an independant contractor and an employee is based upon the level of control the employer has over the employee. If the employer is controlling the schedule, the tools of the trade, how a job is done, etc., the person is more likely an employee. An independant contractro is more typically someone who works his or her own schedule and is simply tasked with getting a job done with less supervision....

What laws clearly define all 'protected classes'?

Parental status is not a protected class under the standard Federal anti-discrimination laws. But it may be protected by a state law. Even if it is protected, that it creates an undue burden could be a defense to accommodating the schedule anyway. There may be additional regulations within your agency that control. You really need to take this to the legal division of your agency for review.

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I was recently terminated and pressured to sign waivers to receive a small severance. How many days do I have to revoke?

You now hav a contract. There are certain kinds of claims which cannot be waived, but unless the severance agreement has a revocation clause in it, you don't have the option to revoke. However, the Older Workers' Benefit Protections Act does require that the agreement include a seven day revocation period to waive age discrimination claims. While you are not protected under the Age Discrimination in Employment Act because you are not over 40, if it is a standard severance agreement, it may...

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