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|Peters Hamlin LLC|
|University of Texas at Austin School of Law||J.D.|
|Honors: Texas International Law Journal, Symposium Editor|
|Member, Connecticut State Bar|
|Member, New York State Bar|
|Member, District of Columbia State Bar|
|Member, Maryland State Bar|
- Overall: 7 Answers
Q. If you clock in and out of work, is it assumed that you are a wage worker?
A: If by wage earner you mean non-exempt, normally it is only non-exempt employees who are required to clock in and out. But there is no law prohibiting an employer from making exempt salaried employees clock in and out.
Q. I am a teacher and took FMLA leave. Snow days occurred during the leave. Can my employer require me to make up the days
A: If the employer is counting the snow days against your FMLA leave, you cannot be required to make it up. But the employer should not count the snow days against your FMLA leave, in which case you could be required to make it up.
Q. Am I Trespassing if I'm picking up my last pay check?
A: The answer depends on whether your employer has informed you, in writing or otherwise, that you are not entitled to come back on the property and your paycheck has been mailed to you. A finding of trespass turns in most states on whether you have been notified not to come onto the property and whether you have a legitimate basis to come on to the property. Normally, coming to pick up a paycheck would be a legitimate basis to come onto the property unless you have already been told that it will be mailed to you and that you should not return. If that is the case, the safer course is to wait for it to be mailed. If you do not receive it, report it to the Dept of Labor as nonpayment of wages. It is best to avoid physical confrontation.
Q. Does a dirty urine mean automatic violation of zero tolerance probation?
A: Please clarify your question: if what you mean is that an employee was on probation and one of the conditions of the probation was that there would be zero tolerance for drug abuse, then a dirty urine sample could mean a violation unless there is a legitimate justification for the dirty sample, such as a legal prescription for a drug that showed up in the test.
Q. In connecticut, if a sales person is terminated and there are executed contracts in effect, when is the employer
A: Please clarify what you mean by executed contracts. Are these executed contracts that the sales person executed and for which the salesperson would normally receive commissions pursuant to an employment agreement or contract with the employer? If so, then the employer would be responsible for paying commissions.
Q. Can i withold an employees pay if they quit without notice if the employee is in breach of contract
A: In many states you cannot. For instance, both CT and NY do not allow you to do so. What you would have to do is pay the employee and then make a demand upon the employee for the money owed to you from the alleged breach of contract. In CT, for instance, if you fail to pay, you can be subject to double damages, ten percent annual interest and attorney's fees. In NY you can be subject to punitive damages, statutory (high) interest penalties, and attorney's fess. Plus, a failure to pay is a criminal offense in certain circumstances in both CT and NY.
Q. At work id it discrimination when a principla singles you out to travel and uses langauge to put down
A: It depends on whether the principle was motivated to engage in such conduct because of discriminatory animus based on protected class status or because of retaliatory animus. Without an impermissible motive, there can be no discrimination.
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Blog: New York Employment Lawyer Blawg
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