Who is eligible to be a W-2 employee vs. a 1099 employee? And, how do these classifications affect overtime rates?
Joshua's answer
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Answered on August 02, 2014
I say this from the perspective of an attorney representing workers, including those who are misclassified as independent contractors and deprived...
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Do I need a employment attorney
Joshua's answer
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Answered on August 02, 2014
There is probably no legal remedy. The law does not prohibit a boss from being a bully or a jerk. If the reason the supervisor is picking on you...
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My boss has disclosed personal health info to my employees. What can I do?
Joshua's answer
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Answered on July 28, 2014
There are numerous possibilities that you should discuss with an attorney.
1. Disclosing personal medical information is usually a violation of...
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Sexual harassment case at work was concluded with no repercussions for offender (with a witness to the event).Do I have a claim?
Joshua's answer
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Answered on July 28, 2014
You should consult with legal counsel. Both to determine how to make a record going forward as well as to decide whether it is worth pursuing a...
Archived
Would I have any right to file a suit against a previous employer if the manager went to another employer to stop them hiring me
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Answered on July 23, 2014
You may have claims. If you can prove that the employer made false statements to the subsequent employer, you may have a claim for defamation. ...
CAN MY EMPLOYER LEGALLY SUSPEND ME FOR POSTING SOMETHING ON FACE BOOK WHILE OFF DUTY.
Joshua's answer
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Answered on July 23, 2014
Yes, an employer can discipline or terminate an employee for something posted on a social media site. If your social media activity was concerted...
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I recently was terminated from a 1099 contract job. (I was not an employee) Can my employer withhold my check for any reason?
Joshua's answer
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Answered on July 23, 2014
As long as you performed the work and satisfied the conditions of your contract, you are entitled to receive the agreed upon compensation. If you...
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Are all employers required to pay overtime to employees that work over 8 hours per day or, 40 hours in a week?
Joshua's answer
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Answered on July 08, 2014
Generally, an employer must pay one and a half times your hourly rate if you work over 40 hours in a week. There are, however, exemptions to the...
Archived
I am currently out of work on FMLA and my employer has terminated my employment while on FMLA. Is this possible?
Joshua's answer
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Answered on July 08, 2014
If the employer is covered under the FMLA and you were on eligible leave, the employer must return you to the same or a substantially equivalent...
Archived
Subjective and overwhelmingly negative reference given by manager at my previous company. Offer at new job revoked due to it.
Joshua's answer
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Answered on July 08, 2014
It is possible to state a cause of action for defamation if the prior employer makes defamatory statements of fact about you. However, statements...
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