Get free answers to your Employment Law legal questions from lawyers in your area.
I am a new RN and currently on sick leave after starting a nurse residency job through a required internal transfer. From the start, I've faced improper orientation and false evaluations, creating an unsafe and unsupportive environment. I've communicated my concerns to the nurse residency... View More 
answered on Jul 1, 2025
The facts stated in your question do not sound like illegal employment retaliation. There are really three forms of illegal retaliation in the employment context. First, an employer cannot retaliate against you for filing a workers' compensation claim for an on-the-job injury you sustained... View More
My son, who earns $11/hr working part-time for an events company and has a mental health diagnosis, has been served with papers by his ex-wife’s lawyer. The legal actions against him include requests for increased child support, extending support beyond age 18 due to alleged... View More
answered on Jul 1, 2025
Under the facts described, it seems likely that he will need financial assistance from family and/or friends to retain a lawyer with sufficient experience and skill who practices in the area of family law in or near the county of suit. While he may well qualify financially for legal assistance... View More
I'm employed by a local health department in Michigan, where we are required to complete a "mandatory" OSHA respirator medical evaluation questionnaire, even if we wish to decline being fit for a respirator. Even upon declining, I'm asked to sign a statement acknowledging the... View More
answered on Jun 30, 2025
A Michigan employment attorney could advise best, but your question remains open for two weeks. This is very specific and very technical - it's possible industrial hygienists involved in OSHA certifications could be closer to these types of settings than attorneys. As a general point, until... View More
I was asked to resign from my job at JFK Airport due to a criminal record from when I was 18, which is preventing me from getting rehired. I attempted to seal the record by obtaining an application from the courthouse, but the application states that my charge is not eligible for sealing. How can I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2025
I'm sorry you're experiencing setbacks in your career due to a past conviction. It can be frustrating when something that happened years ago continues to interfere with your ability to move forward.
In New York, criminal record sealing is limited by specific laws. Under Criminal... View More
I live in Virginia, and my wife has a DUI and a restricted license requiring an interlock device in her car. The car is registered in my name. I attempted to move the car to mow the lawn and failed the interlock test. I don't have a DUI myself. What consequences might I face, and is there... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 28, 2025
If you are not subject to a court order/probation then you won't face consequences but your wife might if they think it was her. They often have pictures so hopefully it does. Not sure if she signed anything saying only she can drive. But she's the only one who can get in trouble.
I am a college baseball player who received a NIL (Name, Image, and Likeness) deal for $10,000. Today, my parents withdrew all the money from my account, even though I am over 18. There were no specific terms or agreements regarding this money. They stated that they intend to give me only $100 per... View More
answered on Jun 27, 2025
Without a review of the documents and facts surrounding this matter, it is impossible to give a definitive answer to your question. Generally, absent a contract or guardianship/conservatorship to the contrary, your parents lose control over your actions, at least so far as contracts are concerned,... View More
I sustained a workplace injury on January 29, 2025, and although my supervisor failed to report it, I eventually reported it to human resources on May 12, 2025 and filed a workers' compensation claim, which has been approved. Since then, I believe I have been experiencing retaliation from my... View More
answered on Jun 28, 2025
In addition to the relatively weak remedy for retaliation under Labor Code 132(a) for retaliation through worker's compensation, you may have a claim for disability discrimination given your injuries.
You should make sure to document in writing you complaints and the failure of HR to... View More
I initially provided a doctor's note for my absence from work due to medical reasons for the period of 5/13 to 5/18, and my leave was approved. I extended this leave for the same reason and submitted another doctor's note for the period of 5/19 to 5/24, but this extension was denied. The... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2025
Hello. Your employer is not entitled to a diagnosis. Your healthcare provider simply stating that you're under their care, and are off work from date X to date Y is all they're entitled to (certainly, if there's letterhead or an rx pad that this written on, and the healthcare... View More
I initially provided a doctor's note for my absence from work due to medical reasons for the period of 5/13 to 5/18, and my leave was approved. I extended this leave for the same reason and submitted another doctor's note for the period of 5/19 to 5/24, but this extension was denied. The... View More
answered on Jun 26, 2025
Doctor's are required to certify the medical necessity for the leave, but they are not required to provide the medical diagnosis or treatment as that is confidential medical information.
You should ask your employer in writing why the medical leave was denied.
I was informed in July 2024 that my facility would close down in 3 months, and after an initial round of layoffs, a team meeting confirmed my job security for the next 3 months. However, after taking 2 days of sick time off, I was let go without a specific reason, despite a promise of job security.... View More
answered on Jun 25, 2025
Your employer does not have to keep the facility you work in open because you took sick leave. The closure of the facility is a legitimate reason to terminate you.
Finally, depending on the number of people employed and the amount, you may be entitled under the Federal Warn Act.... View More
We are a small non-profit organization in Texas, and one of our employees, who is a trained, degreed professional with a director title and supervises staff (including having the authority to hire and fire), is transitioning to work remotely from California permanently. If she has managerial... View More
answered on Jun 25, 2025
Generally, the employment law of the state where the employee is physically located applies. So, as of january 1, 2025, the director must earn a minimum annual salary of $68,640, or $5,720 per month, to be exempt from overtime and other wage and hour laws.
I applied for a position in the telecom industry and was told during the interview process that I had the most experience and could hit the ground running. Despite this, I had to follow up multiple times about their decision, and on June 24, 2025, they informed me via email that they selected... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 25, 2025
Hello. It's very difficult to prove age discrimination in a situation like this. It doesn't mean it didn't happen; it's just very hard to prove. The prospective employer can come up with any number of reasons why it hired someone else. And, damages would be difficult to prove... View More
I felt extremely dizzy and had difficulty walking after my shift, which I reported to my store manager. He advised me to sit and have water but did not call for medical help. I managed to drive home, fell asleep, and returned to work the next day. Still feeling dizzy, I informed another employee I... View More
answered on Jun 23, 2025
If you have signs of serious illness, tour employer may have an obligation summon first aid to you under OSHA Reg. 1915.87(c)(2). However, it is unclear that you communicated symptoms of serious illness, so the existence of a duty by your employer is in doubt.
It is also unclear that you... View More
I recently learned that my driver's license is suspended due to two unpaid parking fines in New Jersey. Yesterday, an officer stopped me and issued a citation. I have a court date scheduled. How can I resolve these issues to reinstate my license?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2025
Pay each of those outstanding parking tickets asap. Keep receipts. go to NJMVC and get your license reinstated. You'll probably have t pay the $100.00 restoration fee. You don't state what the current citation is for, so call the municipal court and see what they say are your options. If... View More
I've been out of work for over a month after my employer reassigned positions, leaving me without one. I work in the oil and gas industry on a drilling rig. Although I filled in for a day for someone who quit, creating an available spot, I was assured any open position would be given to me,... View More
answered on Jun 20, 2025
Unless you have a written agreement limiting the right of your employer to terminate you, the answer is no.
That being said, there is a shortage of skilled labor in your industry right now. Unless there are reasons not stated in your question as to why your employer might have wanted to... View More
I was subjected to a drug test by a government contractor following a safety violation. During the test, I was unexpectedly asked to remove my shoes and was patted down. I had not been informed of any specific procedures that would involve such searches, and I felt the search was inappropriate. Is... View More
answered on Jun 18, 2025
Some people try to beat a drug test by using someone else’s urine, and will even go so far as to use something in their pants to make it appear they are urinating into the specimen cup. It may be necessary to pat you down to ensure you are not utilizing such methods to avoid a positive result.... View More
I work at Planned Parenthood and recently had to miss work due to an emergency room visit where I was instructed to stay home and take medication. I have notified my employer and have a doctor's note to support my situation. However, I do not have enough sick time available. Can my employer... View More
answered on Jun 17, 2025
No. Your employer risks liability for disability discrimination if it takes an adverse employment action against you, when you have a doctor's note excusing your absence. Accrued paid sick leave is not a requirement for a protected medical leave.
In California, I have a part-time employee who averages 8.5 hours per week, working less than 2 hours per day based on a 5-day work week. This employee has accrued more than 40 hours of sick leave and has not used any before. They now want to take the 40 hours of accrued sick leave all at once, as... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 17, 2025
Hello. Your employee can only take paid sick leave to the extent they work. If they work 10 hours per week, then they can only use 10 hours of sick time. Sick time is designed to replace work time, so they can't take more than they would work.
In a workers' compensation claim related to psychological stress and anxiety caused by workplace discrimination, retaliation, and cyberbullying, am I required to release all comprehensive medical records, including examinations, treatments, prescriptions, and imaging studies?
answered on Jun 18, 2025
Not necessarily—but you should proceed carefully. In a workers' compensation claim related to psychological stress, you do need to provide medical documentation that supports your injury and establishes a link between your condition and your employment. However, that doesn’t mean you’re... View More
In a workers' compensation claim related to psychological stress and anxiety caused by workplace discrimination, retaliation, and cyberbullying, am I required to release all comprehensive medical records, including examinations, treatments, prescriptions, and imaging studies?
answered on Jun 17, 2025
Under California law, including MICRA and workers’ compensation regulations, you generally must release medical records that are relevant to the claimed injury—in this case, psychological stress. However, you are not automatically required to release all medical records unrelated to the claim.... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
