Archived
Is it legal to take vacation from an employee who is on 8 hour work restrictions, when you are being forced to work 12 hour days
Jay's answer
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Answered on November 16, 2016
Unfortunately, neither the ADA nor the FMLA require that an employer pay you for time you do not work. You could certainly ask your employer to...
Archived
Can I easily get out of a severance agreement? Or should I just take a chance until they file a cease and desist order?
Jay's answer
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Answered on November 16, 2016
Your "severance agreement" is really a non-compete agreement. In general, non-compete agreements are "disfavored" because they are in restraint...
Archived
Can I as an employer charge my employee for damage to company property?
Jay's answer
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Answered on November 16, 2016
No, you absolutely cannot withhold their pay to reimburse you for the cost of the damage. They earn their pay by working for you, not for taking...
Archived
Is it legal for my employer to force me to work at a location I wasn't hired at?
Jay's answer
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Answered on November 16, 2016
New York, like every other state with the exception of Montana, is an “at-will employment state. That means unless you have a contract that says...
Archived
In absence of an employment contract or even any signed agreement; is a shareholder's employment considered at-will?
Jay's answer
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Answered on November 16, 2016
You have to separate your position as an employee from your position as a shareholder. Even if you are a shareholder, if there is no EMPLOYMENT...
Can a police officer approach me without probable cause if I'm on probation?
Jay's answer
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Answered on November 15, 2016
There's nothing illegal about the police officer approaching you. Then, he told you that you "had to cooperate" and you said you understood. ...
I have child neglect charges pending from a complete accident. They said i left my kids but i fell asleep at a friends.
Jay's answer
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Answered on November 15, 2016
You have to wake up!! YOU LEFT YOUR CHILDREN ALONE!!!! Even if they were asleep. Even if you were only going to be gone an hour (which turned...
Archived
Is she allowed to give me a 0 on the test if i wrote potentually bullying things on it.
Jay's answer
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Answered on November 15, 2016
Schools have a lot of latitude in educational matters, including grading. Unless you can show that the teacher treated you differently BECAUSE OF...
Archived
What do I do if a police officer gives me misleading information on the law after I have been violated by another person?
Jay's answer
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Answered on November 15, 2016
Keep in mind that police officers are NOT lawyers. While they know more about the law than most average citizens, they cannot actually give LEGAL...
Archived
Do I have a case if a store owner chose to detain me after I was unhappy with service and I did not want to pay?
Jay's answer
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Answered on November 15, 2016
Theoretically, you could sue for breach of the implied warranty of merchantability. However, even if you sued on your own, in small claims court,...