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William Fulton Broemer

William Broemer’s Answers

1,185 total


  • Was my employer wrong to fill my position and cancel my medical insurance?

    I was on a leave of absence for emergency retinal surgery from Feb to the end of May. During this time, I kept my employer informed of my condition after each Dr appointment. My position was filled and my medical insurance canceled while I was out...

    William’s Answer

    Here's the good news: if an employee is qualified for, and are approved for, medical leave under the Family Medical Leave Act (“FMLA”), the employer's ability to terminate employment during the leave period is extremely limited. Here are the basics of FMLA eligibility.
    To be eligible for FMLA benefits, an employee must:
    •work for a covered employer;
    •have worked for the employer for a total of 12 months;
    •have worked at least 1,250 hours over the previous 12 months; and
    •work at a location in the United States or in any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.

    I have posted a link below to the Department of Labor's FMLA Fact Sheet.

    Now for the bad news. If your employer has (on average) less than 50 employees, your situation falls under state law. Texas is an employment at will state. Typically, unless an employee has an employment contract, or is employed under a collective bargaining agreement through a union, the employer can terminate the employ at any time with or without cause. If an employer, at any time, decides they no longer want to employ someone, for any non-discriminatory reason, that employee can legally be terminated. However, an employer generally cannot terminate an employee for prohibited discriminatory reasons (such as racial discrimination), or in retaliation for certain protected actions (such as whistle-blowing).

    If you feel your employer terminated you in violation of the FMLA, you should contact an experienced labor and employment lawyer to discuss your potential claims.

    http://www.dol.gov/whd/regs/compliance/whdfs28.pdf

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  • After my employer filed a police report is there any way to pay the corporate and have the charges dropped I'm on felony probato

    I was out of dress code so I put on a tank ($3) and I put a headband ($15) on my head and when I got ready to go I forgot about it my employer filed a police report I've tried to call corporate to pay it bc it's $18 and I'm already on felony proba...

    William’s Answer

    You need to consult a criminal defense attorney. ...And, if you've had four felony charges, you might consider some non-legal counseling as well.

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  • I feel I have been discriminated against by my employer do I need an attorney?

    I have worked for this company for a year and a half and I just got fired. last week I got cut from 40 hours down to 20.and then I got fired this week. I'm not sure why but since I have worked there there's several things that just don't seem rig...

    William’s Answer

    Texas is an employment at will state. Typically, unless an employee has an employment contract, or is employed under a collective bargaining agreement through a union, the employer can modify or terminate the employment at any time with or without cause for any non-discriminatory reason. However, an employer generally cannot alter or terminate employment for prohibited discriminatory reasons (such as racial discrimination), or in retaliation for certain protected actions (such as whistle-blowing). The description of the situation which you have provided does not include the elements of prohibited discrimination.

    Additionally, employers are not required to treat all employees the same, so long as the disparate treatment is not part of prohibited discrimination or retaliation (as described above).

    As a colleague has pointed out, you may have some ancillary claims; particularly in relation to the retroactive alteration of your time cards. You should consult, face-to-face, with an experienced labor and employment attorney and allow him/her to give you direct, specific advice.

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  • Can an employer force me to resign if mention that I was offered a job elsewhere?

    I spoke with my precious manager about having a job offer at another facility but also told him that I don't know if I would take it. He calls me in the office the next day with a letter stating I gave my verbal resignation and that I should leave...

    William’s Answer

    Texas is an employment at will state. Typically, unless an employee has an employment contract, or is employed under a collective bargaining agreement through a union, the employer can modify or terminate the employment at any time with or without cause for any non-discriminatory reason. However, an employer generally cannot alter or terminate employment for prohibited discriminatory reasons (such as racial discrimination), or in retaliation for certain protected actions (such as whistle-blowing). The description of the situation which you have provided does not include the elements of prohibited discrimination.

    Additionally, employers are not required to treat all employees the same, so long as the disparate treatment is not part of prohibited discrimination or retaliation (as described above).

    Note that if your position is that you did not resign, you may be eligible for unemployment benefits.

    Good luck.

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  • 7yrs Assistant Store Manager promoted to Interim Store manager 4/15 Replaced with younger woman with no experience.

    As Interim the past 10 weeks I have had very little communication my Regional Manager she has ignored many of my emails. Where she touches base with her other 9 managers weekly nothing with me. I had a store inventory i went through on my ow...

    William’s Answer

    It's not illegal to be stupid. Employers are not required to hire or promote the (objectively or subjectively) most qualified persons. An employer can hire whomever it chooses, so long as the ultimate decision isn't made for discriminatory reasons (such as based on age, gender, race, religion, national origin, protected status, etc.).

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  • Wife's employer cut her hours after she got pregnant. What recourse do we have?

    After becoming pregnant, he cut her hours without any doctors note, our request and NOT a high-risk pregnancy. after the birth, he gave her maternity leave, let her return to work from the hours of 10 am-2 pm due to breast pumping, then after she...

    William’s Answer

    There are two Federal laws which protect pregnant women in the workplace. Under the Pregnancy Discrimination Act of 1978 (“PDA”, 42 U.S.C. 2000e(k)), an employer cannot discriminate against a pregnant employee, solely on the basis of her pregnancy. Pregnant employees are also protected under the Family and Medical Leave Act (“FMLA”). Under the FMLA, an employer with 50 or more employees must allow employees to take up to 12 weeks of unpaid leave for certain family and medical reasons (which include pregnancy). Pregnant employees are also protected by Texas law. Here are links to Federal and Texas websites which provide additional information regarding laws which related to pregnant employees.

    http://www.eeoc.gov/facts/fs-preg.html
    http://www.dol.gov/compliance/laws/comp-.htm
    http://www.eeoc.gov/eeoc/publications/pregnancy_factsheet.cfm
    http://www.twc.state.tx.us/news/efte/pregnancy_rights.html

    If, after reviewing the information in the links provided, you feel your employer discriminated against you illegally, you should consult an employment attorney regarding your situation, without delay. Good luck.

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  • Do I have a backwages case against my employer?

    When hired at the company, I was told I was being paid on Fluctuating Work Week and was an exempt employee, and therefore would recieve halftime overtime pay. I signed no agreement, and have now found out that I am classified-and always have been-...

    William’s Answer

    You have three issues here 1) Exempt v. Non-Exempt Employment; 2) Overtime; 3) On Call Compensation.

    1) Exempt employees are not legally entitled to overtime wages, regardless of the number of hours they work. Non-exempt employees must be paid overtime wages in accordance with the requirements of the Federal Fair Labor Standards Act (“FLSA”). There are several criteria which apply to a determination of whether an employee is exempt or non-exempt. Here are links to web pages from the Texas Workforce Commissions and the US Department of Labor. These pages provide the standards used to determine if an employee is exempt from overtime. Maybe the information in these links will help you evaluate your situation.
    http://www.twc.state.tx.us/news/efte/salary_test.html
    http://www.dol.gov/elaws/esa/flsa/screen75.asp

    2) If a non-exempt employee is denied overtime wages for hours worked in excess of 40 per week, that employee can file a claim for recovery of the unpaid overtime wages. The employee may also be able to recover certain liquidated damages (typically double the total underpaid wage amount) when an employer wrongfully fails to pay overtime wages. Here is a link to additional information relating to FLSA overtime claims.
    http://www.dol.gov/whd/regs/compliance/fairpay/complaint.htm

    3) Employers are only required to pay employees for “on call” time when the “on call” time precludes the employee from being able to reasonably use the time for personal purposes. This standard is strictly interpreted and usually turns on whether the employee is required to remain on the employer’s premises while on call. It is not generally enough that the employee be hampered in making plans. The “on call” time must usually require the employee to do virtually nothing but wait to be called to the employer’s service. Here are links to information on this subject provided by the Texas Workforce Commission and the Department of Labor.
    http://www.twc.state.tx.us/news/efte/c_waiting_or_on_call_time.html
    http://www.dol.gov/whd/regs/compliance/whdfs22.htm

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  • Do I need a lawyer about wrongful termination.

    I one verbal an written up twice. I'm caregiver at nursing home, been for 10 yrs. I was charging a patient, when cameo out room it was 5 nurses waiting outside door. They told me come to office sign this a you terminated. I said no I'm signing not...

    William’s Answer

    Texas is an employment at will state. Typically, unless an employee has an employment contract, or is employed under a collective bargaining agreement through a union, the employer can modify or terminate the employment at any time with or without cause for any non-discriminatory reason. However, an employer generally cannot alter or terminate employment for prohibited discriminatory reasons (such as racial discrimination), or in retaliation for certain protected actions (such as whistle-blowing). The description of the situation which you have provided does not include the elements of prohibited discrimination.

    Additionally, employers are not required to treat all employees the same, so long as the disparate treatment is not part of prohibited discrimination or retaliation (as described above).

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  • Wrongful Termination....is there a statue of Limitations?

    I was terminated from my job a year ago. The reason why I was terminated was unjustified. As a result of such I was evicted from my apartment, from which I previously lived there for more than four years. I was denied unemployment due to the ...

    William’s Answer

    Texas is an employment at will state. Typically, unless an employee has an employment contract, or is employed under a collective bargaining agreement through a union, the employer can modify or terminate the employment at any time with or without cause for any non-discriminatory reason. However, an employer generally cannot alter or terminate employment for prohibited discriminatory reasons (such as racial discrimination), or in retaliation for certain protected actions (such as whistle-blowing). The description of the situation which you have provided does not include the elements of prohibited discrimination.

    Additionally, employers are not required to treat all employees the same, so long as the disparate treatment is not part of prohibited discrimination or retaliation (as described above).

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  • Can employers take 30 min out of our paychecks for a break if our shift is only 5,1/2 hours? (Lifeguard job)

    As lifeguards we get a 15 min break every 30 min to rehydrate, this goes on for a five and a half hour shift, our question is mainly we usually never take a 30 min break and they say we should can it be forced on us or even taken out of our checks?

    William’s Answer

    A Texas employer may require employees to take lunch breaks of 30 minutes or more. If the employer establishes mandatory written work schedules (including lunch breaks), the employer may enforce those schedules. Therefore, when the employer provides the necessary written notice to employees, the Employer may modify employee time cards to enforce mandatory schedules: including start times, end times, and required breaks. However, if the employer asks or requires the employee to work beyond a written schedule (early, late, or during schedule lunch break), the employer become liable for wages earned during those unscheduled periods.

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