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Labor and Employment Law

~10200 answered questions
Parent Category: Business Law
Labor law or employment law deals with the legal rights of employees and employers. It defines what working conditions are allowable by law, particularly with regard to compensation, work environment, health and safety, and penalties.
That would probably depend on your employer. It should not however, reduce your WCI, benefit.  I'm not really sure why you would want to use your available vacation pay hours, if the carrier/adjuster is indeed paying you TTD (Temporary Total Disability) or PPD (Permanent Partial Disability)???…
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Maybe. Workman's Compensation Insurance is controlled by the laws of the state in which you reside. Not all states ofer the same coverage, the majority do have survivor benefits. Check the laws governing WCI in your state. or contact the State Labor Relations board.   The key is whether or no…
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Maybe. Workman's Compensation Insurance is regulated by state law. It designates what will or will not be covered by benefits.Everything I have needed they have paid for. I am in florida.Typically, the prescriptions must be related to the compensable injury, ie muscle relaxers for an ankle sprain wi…
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If you are NOT an employee, but rather a business-owner -- who needs to provide coverage -- the answer to this depends on what state you are in. Some states, e.g., Ohio, are "exclusive fund" states. If you do not live in an "exclusive fund" state, there will still be a "state fund" in place. You can…
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The employee who instigated the "horse-play" will probably be held personally responsible for any injury or damage claim. WCI only applies to injuries incurred when the employee is performing regular job related duties. The injured person can file a lawsuit to recover medical and any other expenses …
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It will depend on your state's worker's comp law. Each state varies. Each Workers comp agency has a webpage to answer your question. If you had medical bills from the fall, Workers comp will usually cover the medical cost if you filed a report with the employer when it happened.
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I am NOT an attorney. However, I have not heard of your situation stopping the lender from GETTING a judgment. COLLECTING on that judgment is another deal in itself. I suggest you call a local attorney for state specific advice.
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Sounds like your employer is in BIG trouble. You are still entitled to worker's compensation benefits whether or not your employer had the coverage. For more info - steveshorr.comSounds like you need an attorney - attorney referal
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Yes, an employer can offer coverage to same-sex domestic partners and/or deny coverage for opposite sex domestic partners. You should ask your HR/Benefits representative for a copy of your plans eligibility rules, which will show who you may enroll and more importantly, when you can enroll them.
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no, no employer can force you to sign up for medical benefits. If you are covered by a spouse, for example, there may be no need for you to sign up for your company's insurance program.It may be required for you to sign a waiver stating you are refusing the insurance offered by your employer. This i…
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In general, if the insurance was in force at the time of the pregnancy, the coverage will apply according to its terms. If the employee qualifies for the Family Medical Leave Act (FMLA) benefits, and decides not to return to work, the employee and the employee are generally allowed to agree to terms…
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%DETAILS% Answer When did your old plan end? When does your new plan start? Do you have the SAME plan with the Insurance Company. That is, one might be HMO the other PPO, etc. If you were given a prescription with a years worth of refills while you were covered by Aetna through y…
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Generally insurance coverage should be offered to an employees spouse. It does not matter if they are offered coverage from their employer whereas it provides an additional option in case 1 plan is more affordable than the other.
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Traditionally, medical benefits are offered on a "take it or leave it" basis, meaning that you have the option to waive the insurance - but will not receive increased pay because of it.Increasing your salary because you waived benefits is a newer, more progressive concept that some businesses (typic…
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No, if they are similiary situated individuals. It could be done by class - say management vs. salariedFor more details http://www.steveshorr.com/dictionary.htm#Similarly_Situated_Non-COBRA_Beneficiaries
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I doubt it. This is a free country. Please be more specific and I can give you a exact reason for or against it. For more information see www.steveshorr.com
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Contractors General Liability Insurance Premium for a general contractor can be based on one or a combination of two things, either your gross receipts and or your payroll and cost of subcontractors. Each company has it's own rating methodology so it depends on which market is quoting for you. As …
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No, why would they be unless it was a company vehicle? If it was your fault, your companies insurance would pay, if it was someone elses fault, they would be held responsible. No reason to pass off blame to someone who wasnt in the car with you, should have been paying attention.
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Its actually 180-day (6 months)...and you will without a doubt need to provide proof that the alien was there for less than that time...INS is not stupid
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Yes, but it must be spontaneous, not planned at the time you entered. And a genuine marriage, but if you are a visa waiver overstay (meaning you over staid the 90 day period of authorized stay that the visa waiver permits), then you can't. Unless you hold a 245i (an act that was in affect--now close…
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Check out the US Embassy in Londons website. It will answer this one. You can get one, but generally it has to be for a job that very few other people are qualified for. I hear it helps if you have a PHD in computer science :)
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4.4.1 - Time Restrictions A licensed driver (Class E or higher) who is under the age of 17 may not operate a motor vehicle between 11:00 p.m. and 6:00 a.m., unless accompanied by a driver who is 21 years of age or older and holds a valid driver license (Class E or higher), or the operator is drivin…
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In this climate of litigation, the probability is that most organizations that have been given the proper legal advice will only disclose three pieces of information about you, no matter the quality of the job you did: Dates you were employed.Your job description or employment capacity.Your salary i…
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How to Address a Wrongful TerminationRather than "Wrongfully Terminated", I put, "Will discuss if necessary." It's always worked for me.  
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An employer large enough to be subject to anti-discrimination laws can not take arrests into account, ever. Employers can take convictions into account if they are job related. Small employers not subject to anti-discrimination laws can do what they wish. Arrested is different from convicted. Th…
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You can give permission to contact your present employer only if an offer is made. Advise employer you will not permit prior to an offer being made, but certainly afterwards. This protects you either way. I'd say it depends on your situation. If you're working part-time while hunting for a full ti…
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"I don't think they can find out why you were fired..." No law prevents employers from asking or discovering why you were fired, AND taking it into account. Do all you can to try and not get fired. "By law, the only information they can get from your other employers is the dates you worked there …
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Answer (Disclaimer: This answer applies to Massachusetts and is probably slightly different depending on the state you live in, such as what age you're considered a juvenile, etc.) If you are a juvenile (in MA, age 7 until the day you turn 17, NOT 18) and you have a court hearing in which you…
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Put them with your job history. The school, put with the education section, if there is an education section. You need to list everything from the time you started working until now. For health reason, just put the dates that you were sick and say off work because of illness or poor health. Or somet…
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Criminal record checks (local jurisdictions and federal) are fairly standard for most employers. However, unless there is a nexus (relevance) between a credit check and the position for which you have applied - you would have a perfectly legitimate reason to decline to have your credit history inclu…
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%REPLIES% Answer It depends on just what type of job you're talking about. If it was any job such as a casino attendant, cashier, bartender, child care, security, or similar or anything that required bonding or fingerprinting it was reported to the NCIC which is a record that unfortunately…
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It all depends on the employer, usually after seven years a bankruptcy is clear from your record, even though someone has a bankruptcy in their record they can try to get credit to begin to improve their credit.
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An employer can ask about anything; when I ask some experts regarding this question a more "acceptably" answer seemed to be that personal problems were being attended to and now that things were better I was ready to go back to work. If you have had severe issues for two years maybe you need to look…
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In the state of Texas an employer cannot divulge why the employee was fired, only if they are "rehireable" The fact that some one was FIRED is a red flag for most potential employers, regardless of the WHY of the situation.   There are no federal statutes forbidding employers from saying…
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Most perspective employers don't need to ask considering they can legally test you for illegal drugs. Employers can absolutely ask if you have or still use illegal drugs as it would obviously affect your performance. You do not legally have to tell them the truth, its not a court room, you don't ha…
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In the US, you are not obligated to reveal this information, as we've all committed various crimes at time, but never been prosecuted or convicted for it, such as jaywalking, running red lights, speeding, etc.. If you have been convicted of a crime and it is still on your criminal record, then you m…
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yes they can   Technically in the U.S. people are innocent until they're proven guilty, which is why applications ask about convictions. In reality, they will suddenly decide that another candidate has better experience and qualifications than you do. There's nothing illegal about that.
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It would be best if you put both. In the employer field list the company that you we're working at/Job site (it's even okay to add the agency's name in parentheses), then in the job description say something like..."contracted through ABC Temp agency to..."
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You could try at any of the shops near you, helping stack shelves or whatever tasks they have. Or asking parents or friends if they know anyone that might have some work for you. Perhaps you could print a CV to show people, or a business card, to let them know that you were serious about working for…
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in my experience i have worked with children a lot as baby sitting i have done waitrising and alot of cleaning. well u can always work at publix on the weekends!!!   well, i have been working on the local market like just setting up and putting away the products i got paid �26 a day …
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KrogerMost companies request that minors be at least 15 to 16 depending upon the state in question to be considered for employment.  
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Yes, but you need a work permit.Here is some more info from Indiana's department of labor:Do all teenagers need a work permit? All teens 14, 15, 16 and 17 years of age must get a work permit before they begin a job. Exceptions include: newspaper carriers, golf caddies, domestic service workers, ente…
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The cover letter is to get you in the door, not to offer excuses. Explain why you are interested in the job, and give two or three reasons why your qualifications match.If the gap in your experience is large (more than 1-2 years), you will need to assume this will be questioned and you need to indir…
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Don't try. If asked why you left your previous employer, you should give a more generic answer like "your skills not being the right fit for your previous employers needs." Then don't sit there quiet waiting for the interviewer to ask what you mean, keep the flow going by explaining what your skills…
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Yes. It's good to give them a few days before calling them. When you reach them, say something like, "Hi. It's (your name), and I had an interview the other day. I'm curious as to if the position has been filled yet." You are entitled to know if the position has been filled or not, and because you'…
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i am not certain how you are defining the term "lega;." However, a private corporation can set its own company policy as long as it is not anti-discriminatory, or violating any state or federal regulations, etc. I believe it is perfectly legitimate and not an uncommon practice for a company to requi…
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They probably could, but if you owe them money, it wouldn't serve much purpose. Rather strange situation indeed. If you owed me money, and also worked for me, you would have job for life, or until the debt was paid in full. They CAN, I don't know if they WILL. Probably not, unless they…
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After you graduate from high school your school records from k-12 become public information.   Ask to see the person's graduation certificate.
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Epilepsy and Police Work Epilepsy is usually manageable with the right medication. I would think that it would depend on department regulations and civil rights laws. Perhaps you should contact your PA rep. and discuss what your options might be. Other sI have heard of a Police Officer who joined up…
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I'm not sure on the particulars but, my father did this for most of his life. It is quite easy for a Canadian citizen to get a work visa in the United States. Contact immigration they should be able to give you all the informationUS employers can sponsor work permits for EMPLOYEES, never for non-emp…
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Most times when an employee is forced into arbitration is when they sign a contract which agrees to this. When you sign your employment contract, you have to read it carefully and be wary of this statement because you end up giving up your rights to the US legal system in many cases.
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If you're here after an illegal entry (brought here as a child) then you are in the same boat as everyone else here with an illegal entry. You have to return to your home country to adjust your status, and if you just walk into ICE (formerly INS) to attempt to take a test, get a visa, etc, you will…
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Virtually all schools public and private have what is called a "moral clause" in teacher and employee contracts. Whether or not one can be fired for being convicted of a crime depends on the terms agreed on when hired. In general if the "crime" is a felony, most definitely. If a misdemeanor involvin…
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None. You have no right to any information unless you are a union employee, in which case the union contract may cover this issue. You'd have to read the contract.
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Is the sub-contractor competing with the Country Club? Is there any conflict of interest?   I don't see any problem with this unless you are trying to do both jobs during the same shift!
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Top Recruitment Agencies in Karachi, Lahore, Islamabad Pakistan Alahad Group Pakistan is a Pakistan based Recruitment Agency and Employment Agency specialized in Headhunting and Recruitment, Executive Placement and Executive Search. We have held an unwavering commitment to fostering long-term partn…
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Yes, your employer may force or require you to stay or work overtime. There is no federal law or even state law that I know of that prohibits an employer from requiring an employee to stay longer in view of the demands for work. What the law provides for however, is that if you are forced to stay l…
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. ---- A no employer can force you to work at all - employer can demand, but cannot compel. If you don't work as employer demands, it decides whether to fire you or not. No force is involved.
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Basically an employee is TOLD what to do, how and when to do it. Is paid by the time doing it and has taxes taken out. An independent contractor just completes the job, provides his own tools and does it when and how he wants it. For more details go to then scroll down to the links for more detai…
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this is probably a complex question that no self respecting lawyer would dare touch on this site. if you are really concerned, get legal represtation. qualified legal representation.=====The first question is whether the resort is owned by the individual personally, or whether it is owned by a corpo…
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you need to tell the wci what you have. if they want to sue the business owner for the claim, that would be up to them. plus his wci could be cancelled just like a insurance policy for an automobile can be cacelled at any time due to certain reasons. if workmens comp pays you a certain amount and if…
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In general, the answer is "Yes".If your employer at the time of the injury was required to and did maintain workers compensation coverage, that insurance should provide benefits of two main types. First, it should manage and pay for your reasonable medical expenses. Second, you are entitled to a per…
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It is not a good policy to provide different benefits to different employees regardless of their employment status (exempt, non exempt, full time, part time). A good rule is to give vacation after a specific number of days had been worked.
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Answer well i think it depends what job you go for Answer An employer is under no requirement to say "WHY" you didn't get a job. Answer I honestly don't know whether you can or cannot. But I do know that I have more than one misdemeanor and have never been denied a job based on that fact.…
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Depends on how many employees the employer has. COBRA applies only to 20 or more in the last year.
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Answer Maybe. If the offence and conviction took place more than five years ago, you should apply for a PARDON, from the jurisdiction where you were convicted. Under the Canadian Criminal Code, inmpared driving, and over/80 m.g. are both considered to be indictable offences, and upon conviction,…
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its requested by the insurance people to do a drug test on employees. some employees have drug problems that causes underlying problems that go undetected. the employee misses work or may ask for a leave of work but doesn't tell the truth about the drug addiction. I'm not hinting or implying that yo…
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Answer If you are wanting to work at a restuarant or someplace else, yes. If you are working as a babysitter or lawnmower, then no. I'am fourteen and I work at this place called Chick Fil A. I get paid 7.15 per hour. Its in Springfield, MO. Answer what should i do if i don't go to high school…
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You can work in an: office, grocery store, retail store, restaurant, movie theater, baseball park, amusement park, or gasoline service station. You generally may not work in: communications or public utilities jobs, construction or repair jobs, driving a motor vehicle or helping a driver, manufactu…
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Answer yes Answer Absolutely YES. If you lie, and your employer finds out you can be fired for falsifying your application. By lying, you are proving that you haven't changed your ways, or learned from your mistakes. Answer Remember that your felony status is recorded at the Federal…
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This really depends on where you work, and where you live. Here in Missouri, places such as fast food or other large buisness's may hire at age 15, but you will earn minimum wage. Check around town to see who's hiring and at what age. The youngest I have heard is at age 13.... but that's down here …
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First make sure they do not have an offer of salary which you would feel okay with, and then also check to see if they are prepared to negotiate with it. Quote average figures for the position, and relate this to your experience and qualification, then give them a range of figures which you feel wou…
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NO YOU DONT.I DID IT BEFORE, THATS HOW I KNOW.JUST MAKE SURE THAT ITS PITCHED RIGHT.1/4 OF A BUBBLE GOING TOWARD THE PIPE. JOE HOJASAns 2 - Nowadays you don't even need to bother about the vent pipe -cheaper , faster and more efficient to install an AAV under the sink cabinet. Google "AAv plumbing v…
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Not true at all. You are entitled to have legal representation, if you so choose.The fact that you have received payments from the system would appear to me to indicate that your application has been approved.Any comments from the case worker, to you, should be discussed with his/her supervisor, to …
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Answer Yes, because your job may require you to have a car for one reason or another. If you are a woman, some companies are very safety conscious and their place of business may require you to go through a rough part of town. This question in an interview is not meant to be personal and there is…
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Not all jobs or employers are mandated or required to offer disability leaves or benefits to employees who are pregnant.Under the Family Medical Leave Act, only all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees are covered under it.…
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no, anything on a employee is confidential. but if someone calls and ask "is Jane doe there? they can say "yes," and ask if you would like to leave a message. but they don't have to give out any data if they don't want to. Ans Have to, no. Can, yes.Because of many potential problems, many employers …
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When You Turn 14 , You can work in an: office, grocery store, retail store, restaurant, movie theater, baseball park, amusement park, or gasoline service station. You generally may not work in: communications or public utilities jobs, construction or repair jobs, driving a motor vehicle …
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Answer yes. Answer IF you are refering to the Canadian Social Insurance Number, then the answer is a resounding NO!!!! The Social Insurance Number is an identity number for tax and Employment Insurance forms. It has nothing to do with criminal records in Canada. Only a Police service can ge…
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Answer Invasionn sports are sports where you invade the oppositions side of the pitch. Examples of invasion sports are football (you are trying to "invade" your oppositions half so that you can score), rugby (you are trying to "invade" the oppositions side of the pitch so that you can score), ho…
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Answer Remember that this question is dependent on what kind of position an applicant is aplying for. Whenever you encounter this question, be firm to answer that your interests/skills fit to this position, that the position makes you comfortable and productive, or another thing is that you are c…
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If the employee did not hit the Supervisor first and that Supervisor hit the employee he/she can be sued! It's best to go to Labor Relations and form a complaint. This Supervisor could/should be fired. It doesn't matter if an employee is in the face of a Supervisor and a source of irritability to th…
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Answer Yes, but they have to apply for and receive US immigration permission . Answer Do not work until you have your Employment Authorization Card. You can get one by filing the I-765, which you should have filed in the package for the Adjustment of Status based on marriage to a US citizen.
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If I was you I would mark no and then explain to them why you answered it this way. Most employers will understand why you dont want your current employer to find out you are looking for employment elswhere. A different perspective As someone who evaluates applications and interviews and hires peo…
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go to the main office at your school, and just ask for them. that's how i got mine. [New York state] I'm pretty sure you have to be of legal working age in your state though.if you are an illegal alien however, try the county courts building or the nearest police dept.   you can ask your gui…
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You contact your local EDD office of equal empoyment. And tell them you are working for free. If you have been terminated and havent received your moneies, then you let them know (your employer) they have 72 hours to come up with your last check.Its the law where Im from. KNOW YOUR RIGHTS.Dont work …
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No. You cannot be fired unless your earnings have been withheld before for a different court judgment (i.e. one not related to your current job earnings). If this is the first judgment for which your wages will be withheld and your employer fires you because of this, the California Labor Commissione…
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The rule is this: If you were married it may be different. The point is that this is not absolute, and you may apply in any case. You can quit in some circumstances and receive UI benefits.
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There isn't any reason why you can't. You must see your doctor, have him check you out so he can back you up in your WCB claim. Good luck Marcy Answer Repetitive stress injury (RSI) is known by a lot of names, Repetitive motion injuries, cumulative trauma disorder and regional musculoskeletal diso…
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1. You should have had the new hire fill out a withholding form a W-4. This is obtainable from the IRS web site.2. The new hire should fill out an I-9 from the US Immigration (USIS?) web site.3. You will need workman's comp insurance for the new hire obtainable from an insurance carrier.4. You will …
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That's difficult, by law your really not supposed to work (except for babysitting etc) until your 16 for reasons of national insurance, so you would need to find someone who was willing to overlook this - the best thing would be to do work for family friends.Well if you are looking for a job in the …
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two thirds of gross averaged for the previos 2 months or so in new york
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Answer I work at Movie Gallery; you must be 18+.
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First off, I'm not a lawyer. I'm an officer in a trade union.Generally speaking, no. It's illegal for an employer to withhold wages or charge a penalty for mistakes while employed. Labor law on this is the same for most states. You could be fired however.Garnishment of wages is for very specific rea…
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YES. The state has a legal right/requirement to get correct and factual information about your employment history, to determine if you are entitled to benefits , or not.Another answer:Yes. When you file for unemployment, you are stating your position as to why you are eligible. The employer gives th…
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Answer You must be 16 to get a job in California. For more child labor laws in California, visit www.stateandfederalposter.com They have comprehensive posters of child labor laws included in the labor law posters. Most states have laws that make employers post labor law posters of child labor…
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Answer Yes. Why not? If you're injured your entitled to benefits till your healed.
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Go back to the court/judge that made the judgment and ask for an "enforcement order" that gives the employer a set period of time to pay you what is owed to you. If the amount is NOT paid, by the set date, the court will issue a warrant of committal for the arrest of the company's owner or Chie…
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Yes you can. It was done at the Mc Donald's I worked at in Florida. Usually you sign a statement when hired in stating you will not steal and such. Stealing is a crime....being at a job does not forfeit the law. In South African context that is the sole decision of the Employer, in practice afte…
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