Questions answered by Randy Jay Harvey

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What is the law for being demoted by my employer for reporting a concern to human resources?

Randy's answer | Answered on March 16, 2014

An employee cannot be disciplined or subjected to adverse employment action for advocating for their rights as an employee including making a...

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If you file an original comp claim with an employer, and switch jobs after treatment. How long is the original employer liable?

Randy's answer | Answered on March 16, 2014

You should consult a workers compensation attorney. It is possible that the employer's workers compensation insurance where the original injury...

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I applied for a job and was denied employment due to a failed drug test.

Randy's answer | Answered on March 16, 2014

Employers are not permitted to release confidential results of a drug screening. They cannot require an employee to sign or consent to a release of...

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Are employers responsible for alterations of contracts by employees?

Randy's answer | Answered on March 16, 2014

Under certain circumstances an Employee Handbook can be held to be a contract that is binding on the company, it depends on the provisions in the...

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Can I be fired for poor performance as a result of an illness my employer is aware of?

Randy's answer | Answered on March 16, 2014

If your sickness prohibits you from performing the essential functions of your position, you can be terminated for lack of performance. Your...

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Do I have any legal recourse?

Randy's answer | Answered on March 16, 2014

You are correct that documenting what has been happening would have been very helpful, though you can probably go back on your work calendar and...

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Can I require an employee to use a paid leave days for unexcused absences?

Randy's answer | Answered on March 15, 2014

I advise business clients to give employees a quantity of days called Paid Time Off (PTO) which may be used for sick leave, vacation, personal...

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I am in a process of getting a non disclosure but is wondering can I go back to working at a school with this being sealed up.

Randy's answer | Answered on March 15, 2014

Even if there is a non-disclosure, if any of your mistakes included violations of the law they will be discovered on the criminal background test...

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What is considered timely filing for a gender discrimination complaint against a board of education? 180 or 300 days?

Randy's answer | Answered on March 15, 2014

There are a number of timing issues for filing complaints against school districts. If you are going to sue a school district for a state statutory...

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I have co-signed for my step daughter to go to Dental school. After she graduated she has developed some mental problems

Randy's answer | Answered on March 15, 2014

Your plight illustrates why parents and friends should never co-sign college loans. They are not dischargeable in bankruptcy and they will hound...

Randy Jay Harvey's Answers (1766)

What is the law for being demoted by my employer for reporting a concern to human resources?

If you file an original comp claim with an employer, and switch jobs after treatment. How long is the original employer liable?

I applied for a job and was denied employment due to a failed drug test.

Are employers responsible for alterations of contracts by employees?

Can I be fired for poor performance as a result of an illness my employer is aware of?

Do I have any legal recourse?

Can I require an employee to use a paid leave days for unexcused absences?

I am in a process of getting a non disclosure but is wondering can I go back to working at a school with this being sealed up.

What is considered timely filing for a gender discrimination complaint against a board of education? 180 or 300 days?

I have co-signed for my step daughter to go to Dental school. After she graduated she has developed some mental problems