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Can my employer fire me bc of health issues due to an accident I was in off the job The employer has less than 50 employees.
Kirk's answer
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Answered on April 03, 2013
If the employer has less than 50 employees, then the FMLA does not protect your job. In certain circumstances the Americans With Disabilities Act...
Archived
Regular time vs. overtime?
Kirk's answer
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Answered on April 03, 2013
I agree with Attorney Puryear. You cannot waive your rights under Wage and Hour laws and your employer could still get in trouble for not paying...
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Is this considered a harrasement situation with a hostile bullying and intimidating situation. Should I seek legal help?
Kirk's answer
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Answered on April 03, 2013
You may consider this both harassment and bullying. However, there is no legal action you can take for situations that are simply harassment or...
Archived
Will I be able to sue my managers company for discrimination and harassment because of my religion and be sent home?
Kirk's answer
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Answered on April 03, 2013
I am not clear on how this incident relates to discrimination or harassment based on religion. However, two things are certain. First, an...
Can a recruiter work on 1099 from home office?
Kirk's answer
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Answered on April 03, 2013
I strongly disagree with Attorney Sawyer's first point. The difference is extremely important in the law. However, the terms are a little...
Archived
I'm being accused of sexual harassment by the work place. the only thing that could be taken as sexual is the words I love you o
Kirk's answer
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Answered on April 02, 2013
Any employer with 15 or more employees is subject to the law that prohibits sexual harassment regardless of whether there is a policy. If the...
I was fired for having scoliosis even though I made the condition known to my boss after diagnosis. Isn't this discrimination???
Kirk's answer
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Answered on April 02, 2013
It is hard to tell from this description whether the law was violated, but it is certainly possible. The Americans With Disabilities Act prohibits...
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Archived
How to know if you have a case to sue?
Kirk's answer
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Answered on April 02, 2013
North Carolina is an employment-at-will jurisdiction which means you can be terminated at any time for any reason; good reason, bad reason or no...
Archived
What do I have to re pay between Long term disability and social security disability?
Kirk's answer
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Answered on April 02, 2013
If I understand correctly, you have been receiving disability payment from a long term disability policy and you applied for, and were eventually...
Archived
FMLA, Just returned to work and found that my job was posted and the closing date was the day before I returned.
Kirk's answer
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Answered on April 01, 2013
The Family and Medical Leave Act is basically a job holding law In a situation where the employee qualifies for FMLA, the employer is required to...