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Is it lawful for an employee to sue his employers while still in employment.What case precedentsif any are there that can be relied on if he or she decides to sue while in employment?
Wiki User
∙ 15y ago
Unless this is a homework question: FIRST: FInd out whether you're employed in a "right-to-work" state. In such a state you can be discharged at any time for any reason, even no reason. Second: Why would you even want to continue to work for a company that you are suing? Third: Conduct your own research. Call your state's Dept. of Labor (or similarly named agency) and use some internet search engines.
Wiki User
∙ 15y ago
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Can employers force an employee to join their emergency response team?
No. An employer cannot force an employee to do anything. They may, however, make this a part of the employee's job requirements and make joining conditional for continued employment.
What does it mean if your supervisor recently fired an employee for not being punctual?
It normally means the employee was terminated as a result of not being on time to work, or late. Normally, most employers will give an employee a warning prior to terminating the employee, and the behavior, such as tardiness or punctuality, has occurred more than once or twice, normally it is several times, and at least one warning. In California, and most other states, Labor codes allow for "at will employment", and unless there is an employment contract in place, almost all employers and employees are subject to "at will employment", the employer can legally terminate an employee, with out cause.
How do you pay FICA when you change jobs?
If your an employee, it remains the employers responsibility to handle it in payroll withholding. If your not an employee, the self employment tax is part of your estimated payments and tax return calculation.
Can an employee be forced to retire at a predetermined age?
Certainly, at any non-government employer smaller than 20 employees, which is most US employers. Larger employers and all governments are subject to the Age Discrimination in Employment Act, which prohibits mandatory employment ages.
Can employee cancel employment?
Yes, an employee can cancel employment as long as there was no contract for that employment. If there was a contract, the employee can be sued for breech of contract.
Filing Lawsuits Dealing with At Will Employment Laws?
Unfortunately, many employees can be wronged by employers due to at will employment laws. Just because an employee was an at will employee does not mean that an employer has free reign to do whatever he or she wants. The truth is that an employee can truly get into legal trouble for taking advantage of employees using at will employment laws. This article will explain how employees can make arguments against employers, even when a case deals specifically with at will employment laws. First off, if there is a contract between an employee and an employer, there must be a form of consideration outlined within the contract. An employee must tender some sort of promise in exchange for a promise from the employer. Basically, there needs to be a benefit to one party and a detriment to another party. If a contract between these two parties does not have consideration, then there is no recourse for an employer to sue an employee. In addition, a contract between an at will employee and an employer must never be illusory. An employer can not lead an employee on into thinking that he or she will forever get to work at a place of employment. Often, employers will make grandiose promises to employees in an effort to get those employees to stay at a place of employment. Maybe the employer promises that the employee will someday become a manager of a store or receive a better compensation. If an employer leads an employee on into believing this, then the employer must truly abide by its promise. If an employer does not abide by its promise, then the employee will have a legal right to sue the employer to get compensation he or she was promised. At will employment laws have begun to favor employees more in recent years. At will employment laws have been interpreted more broadly by judges, so that employees have a better course of action against employers who may manipulate them or take advantage of them. Overall, it is a good idea for any employee to research at will employment laws and file cases against their employers if they feel they have been wronged.
Do employers have to answer employment verification?
No. The employer can ignore the call or letter. However, the employer may be hurting the employee's efforts on renting an apartment or applying for a mortgage.
Can an employer track your time and not everybody else?
An employer can track any employee's time. No employment law prohibits that, nor requires that employers track "all or none". The employee whose time is tracked is unharmed.
How long do past employers have to provide an employment verification to prospective employers?
To avoid any issues - legal, ethical, or otherwise - a past employer should provide employment verification for previous employees for as long as the employer is legally required to maintain records on that employee, which varies depending on the type of record and local laws.
What is an I9 Form needed for?
I9 Form is used to verify the identity and employment of a new employee in the United States. This applies for both citizens and non-citizens hired after November 6, 1986. Both employees and employers are to complete the form. The employee must present their employer with suitable documents to evidence his or her identity and employment. Meanwhile, the employer must determine the employment eligibility and determine whether the identity documents presented by the employee appear genuine.
Are employers required to provide the employee copies of their W-4 and Employee Eligibility Verification hiring documents?
Are employers required to provide the employee copies of their W-4 and Employee Eligibility Verification hiring documents
Why must employers keep employee records for unemployment benefit claims?
Any time a former employee files for unemployment benefits, the unemployment office must contact the employer to ascertain the reason for the employee leaving his employment. If he were discharged for cause, the employer must prove his case or it goes against his record with the state and the employee qualifies for his benefits.
