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Traci Michelle Hinden

Traci Hinden’s Answers

17 total


  • Can I take legal action against my ex's employer for not sending me my child support payments??

    I have a court order for child support being "enforced" by the Department of Child Support enforcement in AZ. There is a wage withholding at my ex's employer, however they are not sending the payments in on time and have even failed to send me se...

    Traci’s Answer

    Talk to the District Attorney in the county where the Order is in place.

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  • Can I take legal action against my ex employer for this???

    I was laid off after being told that i was gonna be transferred, i lost over $5,000 being on unemployment. The employer always told me that i would be taken care of and not too worrie. a couple months later i get fired due to reasons im unsure of,...

    Traci’s Answer

    If your state is an At will state, you have no entitlement to the job if they terminated you (and if your termination was not because of discrimination or harassment or retaliation); however, if there is a writing you can show which guarantees your employment for some time, or a specific time, and you were not employment for that time, you may have a straight breach of contract case. Its worth looking for an email, a note, etc. and if you find something, go to a lawyer shortly before your statute runs out. Good luck.

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  • Did my former employer violate labor laws in publicly delivering private information?

    After my employer told us there would be furloughs and pay cuts, I was offered and accepted a job in another state. I gave two weeks' notice, and because I had to be a part-time training on-site by a certain date, requested to transition (trainin...

    Traci’s Answer

    Probably not the best bed-side manner, but U do not see what was so private that they exposed, as opposed to just be humiliated.

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  • NY employment laws, employer's right to check employee's IP address, employee's right to privacy

    Does a supervisor have the right to break into your home computer and check your IP address. Isn't it confidential information? I am being haressed and framed at my job for emails I didn't send out. help

    Traci’s Answer

    What I am not following is the "break in claim".. Anyone can track an IP address coming into their server, so that is different than if they go into your computer. Did you access company computers/server from your home computer through a remote server access, company identified or like go to my pc or logmein.com??? if so, that's not a break in, but you may want to chat with HR if you think you are being framed. But good to identify how you are being framed and how that could hurt you. In this economy, better to be able to explain it all early on and accurately.
    Good luck.

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  • Under FL state employment law, is employer allowed to provide a coworker with my name and phone number

    Is it illegal if someone I work with gets my name and phone number from the employee files through someone else I work with?

    Traci’s Answer

    You need to find out what your State's Constitution says about privacy laws. If its a company phone, probably you have no say. Find a local attorney to ask about privacy concerns.

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  • Can an employer cut a person's work hours if the employee is having trouble with hypoglycemia under Iowa employment laws

    my daughters hours where cut because her blood sugar dropped and she had to eat something and check it with a blood monitor

    Traci’s Answer

    Your daughter may have a serious ADA claim. I am not certain of IOWA's laws, but federal law applies. If your daughter's need to eat did not substantially limit her ability to perform, she may not qualify for ADA, but if it did not substantially limit her ability to perform her position, she may have another type of discrimination claim. Contact a local IOWA attorney asap.

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  • Can an employer access a personal checking account when that person is no longer employed with them?

    My last day working with my previous company was 10/15/09. While working for this company I did sign up for direct deposit. They deposited my last check into my account on 10/26. On 11/3 they withdrew money from my account without notifying me....

    Traci’s Answer

    You need to chat with your bank immediately and find out what rights you have to your account. And if the Bank says they couldn't do what they did, ask them why it was done, or go to your local authorities. The other issue is was there an overpayment? If so, they may be legally entitled to that money, but may be not through that method.

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  • Where can I find answers on labor question in North Carolina, about the max of hours worked in a given shift.

    When a employee works a shift that starts at 7 p.m. to 10 p.m. the next day. Is this a legal shift

    Traci’s Answer

    Check the National Labor Board for National answers and search your Secretary of State's site for a link to the Labor Board of your state, assuming there is one. Sometimes "googling" the state and the type of agency will bring results, or maybe even links to local lawyers who can help. Good luck!

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  • Do I need to file a claim w/ labor commissioner or legal counsel if my employer is stating that I voluntarily quit when I havent

    My employer has been been reducing my hours since the beginning of the year due to lack of work. The last week I did work it was only 12 hours. The last 2 weeks there's been no hours and my employer said that I could file for loss of hours throu...

    Traci’s Answer

    You did not voluntarily quit. You told him you needed a consistent schedule. You will be eligible for COBRA. But even if he gives you some hours, he may not have to pay your health benefits.
    COBRA is available for those terminated, or for reduced hours. Accordingly, you've been eligible since the reduction, presumably of hours to part time.
    Tell Unemployment the whole truth. Sometimes people still receive Unemployment albeit occasionally working. I've see this often in the film industry & theaters.

    One helpful hint, when dealing with EDD/unemployment or any other government agency (which you may have to if you believe he reduced your hours due to your being in a protected class, e.g. gender, race, national origin, sexual orientation, religion, etc.) bend over backwards with the interviewers and be as clear and concise. These workers are way overwhelmed and if you ramble or are rude to them, they may simply move on or deny your claim. You want them to understand your position very clearly and in order to know that, ask questions about what to expect, or about whether they need to know more.
    Good luck.

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  • Can a person be terminated while under doctor's care

    I broke my leg at work and was denied workers comp. I just found out that i was terminated. is that legal

    Traci’s Answer

    In California, if there is no available modified work or you cannot perform your position and the company cannot afford to get the position open, they can terminate you. However, an Ohio employment/workers compensation attorney(s) may be able to answer your facts with more particularity. Other options may be Family Medical Leave or State Disability leave if these are available to you in your situation or in your state. All of this should be discussed with Counsel in your state. Good luck.

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