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Darrel S Jackson

Darrel Jackson’s Answers

1,903 total


  • Can an employer dock pay even though you worked?

    My son's employer is docking my sons pay for 40 hours. this is because there is a conflict between the owners son and my son so the employer is now docking his pay for not performing. Can the employer do that?

    Darrel’s Answer

    If you son worked the hours, then he is entitled to be paid. If the employer is dissatisfied with your son's job performance, then it can discipline or terminate your son, but it must pay for time actually worked.

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  • Can I sue my former employer for wrongful termination of my employment and discrimination based on age 59 years old

    I worked for my last employer for 4 years and 6 months and everything was fine I not do anything wrong and I get fired working all holidays no vacation time working sometime 15 hours a day I m looking for advice and help

    Darrel’s Answer

    You should consult in person with an employment attorney to get a careful evaluation of your situation. As Mr. Enoch and Ms. McCall explained, you would need to be able to prove that your employer terminated you because of your age. Were your paid overtime for hours over 40 in a workweek? If not, then you may also want to consult with an employment attorney about a potential overtime claim. Good luck.

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  • I file a charge of discrimination on Jun.12, 2014 and 4 days later I receive a Notice of Rights to sue. What does that mean?

    EEOC was not able to make a determination if the employer discriminated or not. That is fast if the EEOC is able to complete a investigation in 4 days? It seems like they did not have time to do the work to interview? Does that mean I have no case...

    Darrel’s Answer

    The Notice of Right to Sue from the EEOC doesn't really say anything about whether you have a strong case. I would encourage you to consult with the other attorney to get a careful evaluation and to see if that attorney is willing to move forward. Good luck.

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  • Retaliation for filing complaint against unfair treatment (not in violation of EEOC laws) .

    Continues harassment and retaliation for years, ultimately resulting in a heart attack during work. Continue harassment after returning to work, and denied privilege's others got. The unfair treated has continued but is not based on race, sex, ag...

    Darrel’s Answer

    When dealing with employment law issues, the details really matter. I encourage you to consult in person with an employment attorney to get a careful evaluation of your situation. Good luck.

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  • Can employer deduct from a persons salary if they miss a whole day of work

    This person works most days10-14 hrs. A day they never work a regular 8 hr. Shift and still deducts if time is missed and never pays o.t.

    Darrel’s Answer

    The employer may be at risk for losing the FLSA exemption for this employee. Below is a link to a DOL fact sheet that discusses the issue of deductions from salary in some detail.

    http://www.dol.gov/elaws/esa/flsa/overtime/cr4.htm#1

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  • Can an employer terminate you for an ADA related event?

    i have a doctors note and a medical questionarre turned in since last year. i also have fmla. i take medication as well for my condition. the note says i need 20 to 30 minutes for extended bathroom breaks. I have IBS and chronic constipation. I...

    Darrel’s Answer

    Whether allowing extended bathroom breaks as a reasonable accommodation under the ADA must be determined on a case-by-case basis. In other words, an attorney would need to learn more information about the nature of your employer's operation, as well as your specific job duties, to be able to give a careful opinion regarding whether extended bathroom breaks pose an undue burden on the employer in your particular case. The extended and more frequent bathroom breaks may also qualify as "intermittent leave" under the FMLA. The case law on this particular issue is not well developed yet. However, the FMLA regulation on intermittent leave does not require a minimum period of time for intermittent leave, so presumably a "leave" as short as 20 minutes (as in your case) could qualify I suggest that you consult in person with an employment lawyer in Houston. You may need to try to educate your employer regarding its obligations under both the ADA and FMLA, so that you don't suffer an adverse employment action and your employer doesn't find itself out of legal compliance. Good luck.

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  • Is it illegal for a client to force me, a contractor, to do work by means of threatening physical violence?

    i own a small mobile autorepair business, a customer threatened me with violence if i didnt repair a vehicle im not getting paid to repair. It was supposed to be a trade of services, the labor for the repair for labor of fixing my driveway. The pe...

    Darrel’s Answer

    The owner's behavior, as you described it, is illegal. In fact, it's criminal. Threatening to physically harm another person is an assault. You should call the police, or consult with a criminal lawyer.

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  • I have approved FMLA paperwork for a back condition. Can my manager make me combine my normal work breaks with my FMLA?

    My doctor has filled out my restrictions including the necessity to be able to sit for 30 minutes to an hour every 2 to 3 hours. I work in a grocery store as an Assistant Customer Service Manager. I am standing most of the time, but I also have...

    Darrel’s Answer

    Yes, your employer can count your ten-minute breaks as part of your 30-minute FMLA-protected breaks.

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  • If i have been on fmla due to medical reasons for a year can my employer reduce my pay when I come back.

    I understand that they may not have my same job at the facility that I worked at, although they do have the same position at another store and are needing help..

    Darrel’s Answer

    FMLA protection only lasts for 12 weeks per year. If you've been on a leave of absence for a full year, then you exhausted your FMLA protection long ago and your employer voluntarily allowed you to remain on a leave of absence for most of that period. Given that you were absent for about nine months after you FMLA protection ended, you would not be entitled to return to a comparable position.

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  • How do I get my case dismissed

    I was wrongfully pulled over and several other things were wrong with the whole case. The police officer has told 4 different stories and lied at his interview. How do I resolve this issue?

    Darrel’s Answer

    It sounds like this a criminal defense matter. "Wrongful termination" refers to termination from employment. In any case, a lawyer would need to get much more information about your situation to be able to give you careful advice.

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