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Adam Kielich

Adam Kielich’s Answers

4,166 total


  • When is it harassment

    So I worked at a Brazilian steakhouse and I been there two years I've seen this lady run out mainly women she has called me by different names spoke to other employees about me she has also scheduled me on days she is aware I cannot work I've also...

    Adam’s Answer

    Not really sure from this statement of facts that there is an unlawful form of discrimination involved but there may be more facts than you have disclosed here that support a credible claim for harassment. An unlawful form of harassment occurs when you are singled out for mistreatment due to one or more protected traits (race, ethnicity, national origin, age over forty, sex, gender, sexual orientation in some parts of the state, disability, or genetic disease) or the exercise of specific legal rights (like taking FMLA leave).

    What stands out to me as a potential problem is that you say you were required to work without pay. Unless you were an accurately classified exempt employee then you are owed pay for the unpaid hours. You should talk to an employment attorney about your ability to recover those funds along with other available remedies.

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  • When is it ok to refuse service to someone ??

    I want to go eat at a place That I used to work but quit I am kind of scared she will try and kick me out because she never liked me is it ok for her to kick me out for personal reasons she has done it to previous employees

    Adam’s Answer

    If the reason is purely because you are a former employee then the restaurant is free to kick you out.

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  • I live in texas and my job does not provide an end of shift time on my schedule. Can the employer legally do this.

    At my job when you get your schedule there is no end of shift time. I'm an emt.

    Adam’s Answer

    Unless you work under a contract or collective bargaining agreement that requires a specific shift, have some form of leave that requires a specific schedule, you are not permitted to leave work for reasonable amounts of time for religious practices, or are being singled out from your colleagues through an unlawful form of discrimination, then your employer is probably lawfully permitted to do this. Generally in Texas an employer is free to create and change schedules at its discretion. That said, if you are working more than forty hours in a workweek and are non-exempt then you must be paid overtime for each hour over forty.

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  • Did my company do anything wrong by sending me a Performance Improvement Plan while I was on medical leave?

    I currently work for a company and there has been tension between me and my manager. I recently took some Paid Time Off to go visit my mother. After returning from vacation I was back at work for two days before hurting my back at the gym. I to...

    Adam’s Answer

    A key issue here is whether your leave qualified as FMLA leave or any other type of leave. There are far more restrictions on what an employer can do during an FMLA leave. Another relevant issue here is that your employer says it unintentionally sent that letter to you. If that is true, and perhaps it is, then your employer may not be on the hook for an honest mistake.

    You would be wise to talk with a local employment attorney.

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  • Will I need a lawyer to file for adultery divorce from my spouse if we both agree on everything? We live in Texas.

    1) We have a house, which we agreed I will keep. 2) We have no children together. 3) My spouse has military retirement and disability. 4) We have joint tax debt. 5) We have joint retirement accounts. 6) My spouse committed adultery. I h...

    Adam’s Answer

    Generally the only reason you would file for divorce with adultery identified as a reason for the divorce is to ask the court to award a disproportional share of the community property, essentially to punish your spouse for the adultery. If that is not your goal, and it sounds like it may not be, then you can just file a no-fault divorce and ask the court to grant the divorce based upon your agreement. You are not required to disclose to the court whether adultery occurred.

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  • What can i do?

    I was told i had to take l.o.a. due to paperwork needing to filled out by my dr. after i turned in a work profile to the Wal-Mart i work at and now due to my profile when i returned i was told i had 2 options to go back on l.o.a. or quit. I have b...

    Adam’s Answer

    Talk to an employment attorney ASAP. This could be a workers comp issue, a disability issue, an FMLA issue, or a combination of those issues. Impossible to say with so few details but I can say with certainty that relying on Walmart HR to guide you in the right direction is unlikely to be in your best interests.

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  • Can you be asked to remove a wedding ring when a plan wedding band is allowed?

    My wife is a manager at target. She is governed by Stereo Tech, Target and a Vendor. Target is the only one requiring her to remove her wedding ring. Even the state health inspector "stated there is no issue with a wedding ring." Its not a godly r...

    Adam’s Answer

    I don't understand the issue with the ring. Why is she being told she needs to take it off at work? I guess I could understand how the diamond might be at risk to get caught doing certain types of work but the same could be said for most types of jewelry.

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  • If employers use a 7 yr background check, does that go from the time I completed probation or the time I got convicted?

    I received 7 years probation but have completed all 7 years, if employers do a 7 year background check will that show up? Or will the conviction not show up because it was more than 7 years since I received it?

    Adam’s Answer

    The seven year rule does not apply in all situations. Some jobs require a longer check and the seven year limitation only applies when an employer hires an outside agency to conduct a background check. An employer may check your record as far back as it likes if it does the background check on its own.

    If we assume the seven year limit applies here then it will show any criminal activity that has occurred in the past seven years to the date. That means if even your last day of probation was less than seven years ago then the entire history of the probation comes along with it.

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  • Can the same solo 401k plan cover multiple solo businesses?

    My goal is to reduce workload and hassle. I am aware I could potentially make two different 401k's, but I don't want to. If I have a solo 401k already setup for my sole proprietorship (with no employees). Then I create a corporation (also witho...

    Adam’s Answer

    More facts are necessary to determine whether the two entities can be considered a joint employer under ERISA that can operate under the same plan. The greater question may be whether it is wise from a liability and tax perspective to operate a single plan.

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  • What can I do if my soon to be ex removes me from health insurance against a court order

    I have a court order that states that my husband can not make any changes to his health insurance until our divorce is final. His company also has a copy of this order. He has removed me and his company let him do it. What can be done?

    Adam’s Answer

    Talk to your attorney about this. I am not familiar with Florida's family code but I would be surprised if there is not a mechanism to enforce the current order and pursue contempt for violating the order.

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