Questions answered by Pamela Anne Smith

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My boss was mad he scolded me then grabbed me with his 2 hands and shook back n forth with force i have a witness this is real

Pamela's answer | Answered on September 02, 2014

This is illegal and may even be sexual harassment. You should consult with an employment lawyer ASAP.

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Making sure my freelancer is not considered an employee

Pamela's answer | Answered on September 02, 2014

You need to consider the control factor test. Sounds like it applies to your situation. See this link to my blog. Good luck.

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Can you take multiple FMLA leaves with only a short time in between?

Pamela's answer | Answered on September 02, 2014

Yes. You can take up to 12 weeks of FMLA, either in blocks of time or in intermittent leave. Also, alcoholism is a recognized disability. If you...

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Should We Sue?

Pamela's answer | Answered on August 20, 2014

Good suggestion Cheri. If the company has an anti-harassment policy, read it. I bet there is a section that prohibits employees from making...

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Question about a "fostering a harmful work environment" suit, as well as wrongful termination 1)no cause, 2) defamation

Pamela's answer | Answered on August 14, 2014

Retaliation against health care providers who report certain events is illegal. See the link to my blog below. As for suing, you need to...

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Best way to collected unpaid earned income.

Pamela's answer | Answered on August 14, 2014

First, as the other attorneys say, the company misclassified you as a consultant rather than an employee. This exposes the company to liability....

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My daughter answered an ad for a job as an admin assistant and was hired. she was never put on payroll.

Pamela's answer | Answered on August 14, 2014

Also sounds like a violation of the Massachusetts Wage Act. Your daughter can file a complaint for nonpayment with the Fair Labor Division of the...

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Must an employer designate the reason for terminating you if it purports to being so for cause?

Pamela's answer | Answered on August 14, 2014

As one of the other attorneys said, the answer is no. However, there are 2 other things for you to consider. First, if the employer says you are...

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Do I have any legal recourse after being terminated two days after coming off fmla?

Pamela's answer | Answered on July 29, 2014

It is illegal to retaliate against an employee for taking FMLA. While it may be true that the company is going through a re-organization, the...

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What should employees do if their employer Is strict about reporting accidents or safety issues? What can they do anonymously.

Pamela's answer | Answered on July 24, 2014

Check out the website for OSHA as it relates to protection for employees who report safety...

Pamela Anne Smith's Answers (287)

My boss was mad he scolded me then grabbed me with his 2 hands and shook back n forth with force i have a witness this is real

Making sure my freelancer is not considered an employee

Can you take multiple FMLA leaves with only a short time in between?

Should We Sue?

Question about a "fostering a harmful work environment" suit, as well as wrongful termination 1)no cause, 2) defamation

Best way to collected unpaid earned income.

My daughter answered an ad for a job as an admin assistant and was hired. she was never put on payroll.

Must an employer designate the reason for terminating you if it purports to being so for cause?

Do I have any legal recourse after being terminated two days after coming off fmla?

What should employees do if their employer Is strict about reporting accidents or safety issues? What can they do anonymously.