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		<title><![CDATA[Legal Advice Forums - Other Labor & Employment Issues]]></title>
		<link>http://www.thelaw.com/forums/</link>
		<description>Other legal issues concerning labor and employment. Also includes labor unions, collective bargaining, labor strikes.</description>
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			<title><![CDATA[Legal Advice Forums - Other Labor & Employment Issues]]></title>
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			<title>Louisiana Can an employer legally require you to change maintenance medications for Epilepsy??</title>
			<link>http://www.thelaw.com/forums/showthread.php?t=52631&amp;goto=newpost</link>
			<pubDate>Fri, 10 May 2013 01:37:01 GMT</pubDate>
			<description>My fiance had a series of serious seizures approximately 8 months ago which he almost died from. Initally, he was on STD, but once he had been seizure free for two months the STD was discontinued and he returned back to work.  My fiance is an employee of an oil company and he is routinely required...</description>
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<div>My fiance had a series of serious seizures approximately 8 months ago which he almost died from. Initally, he was on STD, but once he had been seizure free for two months the STD was discontinued and he returned back to work.  My fiance is an employee of an oil company and he is routinely required to go offshore. On his last trip offshore, he presented his medications for check-in to the rig medic and was told that his Lamictal, which is his anti-convulsant, was not allowed on the rig. This medication is a maintenance medication and must be taken twice daily to prevent him from having any more seizures. He was then sent home and told he could not go back offshore until this was changed. We have seen both his primary care physician and his neurologist about this issue and neither can see how this particular drug could be a problem as is known to have some of the least side-effects in a class of drugs known for side-effects. My fiancé has been on this medication since his diagnosis and has remained seizure free. The doctors have agreed to medically clear him to return to duty immediately as long as he does not switch medications. If he does, then he will have to wait a month to make sure that there are no adverse effects from the change. Further complicating things is that his company wants to put him on unpaid leave in the interim, even going so far as to suggest he should try to get STD again which will not get approved because his doctors say he is okay. If he did have more seizures as a result of switching medications, would his company carry any liability as he was given a choice between changing this medication and keeping his job?  <br />
<br />
Just an additional note, if it was a medication such as Xanax, Valium, or painpills of any kind, I would understand and we would obviously comply immediately. This is his Lamictal though. You can't get high off of Lamictal! <br />
<br />
Any and all suggestions/comments are greatly appreciated!</div>


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			<category domain="http://www.thelaw.com/forums/forumdisplay.php?f=50"><![CDATA[Other Labor & Employment Issues]]></category>
			<dc:creator>JenniferOcean</dc:creator>
			<guid isPermaLink="true">http://www.thelaw.com/forums/showthread.php?t=52631</guid>
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			<title>Kansas Fired / flex time</title>
			<link>http://www.thelaw.com/forums/showthread.php?t=52496&amp;goto=newpost</link>
			<pubDate>Mon, 22 Apr 2013 22:54:38 GMT</pubDate>
			<description>I was recently fired for being late. We have no point system, but we have flex time. I get 40 or more hours in a week. I filed for unemployment, and after they contacted my previous employment, they just started giving verbal warnings to the others who have been late on and off for years. I was...</description>
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<div>I was recently fired for being late. We have no point system, but we have flex time. I get 40 or more hours in a week. I filed for unemployment, and after they contacted my previous employment, they just started giving verbal warnings to the others who have been late on and off for years. I was late less than some of the other people out there, but nothing was done to them prior to this. I have worked there for six months, and others have worked there for years. I feel like i am being treated unfairly, and that they are just now trying to take action on everyone else after i filed for unemployment, and they started investigating. The hr woman also refuses to give me my attendance records. I worked with my cousin, and she is friends with others who work there, and they personally have told her they just now got verbal warnings. Is this fair? Is it legal? Should i just leave it alone? Thanks</div>


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			<category domain="http://www.thelaw.com/forums/forumdisplay.php?f=50"><![CDATA[Other Labor & Employment Issues]]></category>
			<dc:creator>annicanancy</dc:creator>
			<guid isPermaLink="true">http://www.thelaw.com/forums/showthread.php?t=52496</guid>
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			<title>Georgia maintenance tech</title>
			<link>http://www.thelaw.com/forums/showthread.php?t=52486&amp;goto=newpost</link>
			<pubDate>Sun, 21 Apr 2013 20:35:02 GMT</pubDate>
			<description>I was working on a project on a ladder. The location was not real noticed by other employees. I witnessed unwanted sexual harassment by the vice president of the company. The young girl walked off the job. I seen it all . He was stalking her out she was avoiding going into a hidden place where she...</description>
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<div>I was working on a project on a ladder. The location was not real noticed by other employees. I witnessed unwanted sexual harassment by the vice president of the company. The young girl walked off the job. I seen it all . He was stalking her out she was avoiding going into a hidden place where she took water samples . I do not want to loose my job but I've seen him do it to others . This is just the only one who filled a law suit. I have not been approach by any one concerning the matter. But its not right and it has put me in a bad work environment. What do I do to protect my job but also do what is right?</div>


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			<category domain="http://www.thelaw.com/forums/forumdisplay.php?f=50"><![CDATA[Other Labor & Employment Issues]]></category>
			<dc:creator>jason1019</dc:creator>
			<guid isPermaLink="true">http://www.thelaw.com/forums/showthread.php?t=52486</guid>
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			<title>Pennsylvania Required lunch breaks</title>
			<link>http://www.thelaw.com/forums/showthread.php?t=52470&amp;goto=newpost</link>
			<pubDate>Thu, 18 Apr 2013 21:23:25 GMT</pubDate>
			<description><![CDATA[Can an employer force someone over the age of 18 to take a 1 hour lunch break, when working a 5 hour consecutive shift or more, maybe up to 8 hours?  Is their a Federal or State law that requires a 1 hour lunch break?  Can it be "corporate policy" to take a mandatory 1 hour lunch break for...]]></description>
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<div>Can an employer force someone over the age of 18 to take a 1 hour lunch break, when working a 5 hour consecutive shift or more, maybe up to 8 hours?  Is their a Federal or State law that requires a 1 hour lunch break?  Can it be &quot;corporate policy&quot; to take a mandatory 1 hour lunch break for employees over 18?</div>


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			<category domain="http://www.thelaw.com/forums/forumdisplay.php?f=50"><![CDATA[Other Labor & Employment Issues]]></category>
			<dc:creator>Unregistered</dc:creator>
			<guid isPermaLink="true">http://www.thelaw.com/forums/showthread.php?t=52470</guid>
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			<title>an assignment question..</title>
			<link>http://www.thelaw.com/forums/showthread.php?t=52418&amp;goto=newpost</link>
			<pubDate>Sat, 13 Apr 2013 14:01:19 GMT</pubDate>
			<description>Early in the morning, on 7th of August 2007, Nathan was instructed by his employer to send 100 boxes of vegetables from Banting, Selangor to his customer who owns a shop in Pekan, Pahang.  The lorry he was driving broke down near Kampung Dagong.  He tried to contact his employer, but there was no...</description>
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<div>Early in the morning, on 7th of August 2007, Nathan was instructed by his employer to send 100 boxes of vegetables from Banting, Selangor to his customer who owns a shop in Pekan, Pahang.  The lorry he was driving broke down near Kampung Dagong.  He tried to contact his employer, but there was no telecommunication coverage in that area.  There was a lorry driver who stopped and helped Nathan to repair his lorry.  Due to time constraint, Nathan sold all the vegetables to the villagers at half the price.  After that Nathan returned to Banting and gave the money to his employer.  His employer got angry and claimed damages from Nathan because he felt that he is not bound by Nathan’s act.</div>


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			<category domain="http://www.thelaw.com/forums/forumdisplay.php?f=50"><![CDATA[Other Labor & Employment Issues]]></category>
			<dc:creator>tanvicky</dc:creator>
			<guid isPermaLink="true">http://www.thelaw.com/forums/showthread.php?t=52418</guid>
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			<title>California Sexual harassment</title>
			<link>http://www.thelaw.com/forums/showthread.php?t=52378&amp;goto=newpost</link>
			<pubDate>Sun, 07 Apr 2013 15:56:02 GMT</pubDate>
			<description>I need a lawyer who has a low retainer fee who specializes in sexual harassment cases in San Diego, Ca 
What percentagev of sexual harassment cases 
Collect money from the employer? 
Also a lawyer who does not take 40% 25 to 30% is perfect 
Thank you</description>
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<div>I need a lawyer who has a low retainer fee who specializes in sexual harassment cases in San Diego, Ca<br />
What percentagev of sexual harassment cases<br />
Collect money from the employer?<br />
Also a lawyer who does not take 40% 25 to 30% is perfect<br />
Thank you</div>


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			<category domain="http://www.thelaw.com/forums/forumdisplay.php?f=50"><![CDATA[Other Labor & Employment Issues]]></category>
			<dc:creator>Unregistered</dc:creator>
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			<title>Coworker</title>
			<link>http://www.thelaw.com/forums/showthread.php?t=52347&amp;goto=newpost</link>
			<pubDate>Wed, 03 Apr 2013 14:14:16 GMT</pubDate>
			<description>I am wondering what to do with a coworker who is giving me a feeling that she might be sue happy. Last Friday she said a door almost hit her and I said sorry and she said she gonna sue. I know she might not be able to do anything about a door almost hitting her. But she is now she giving me feeling...</description>
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<div>I am wondering what to do with a coworker who is giving me a feeling that she might be sue happy. Last Friday she said a door almost hit her and I said sorry and she said she gonna sue. I know she might not be able to do anything about a door almost hitting her. But she is now she giving me feeling she might be sue happy. What the best way to deal with a coworker that might be she happy.</div>


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			<category domain="http://www.thelaw.com/forums/forumdisplay.php?f=50"><![CDATA[Other Labor & Employment Issues]]></category>
			<dc:creator>Unregistered</dc:creator>
			<guid isPermaLink="true">http://www.thelaw.com/forums/showthread.php?t=52347</guid>
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			<title>Oklahoma No work available; eligible for unemployment?</title>
			<link>http://www.thelaw.com/forums/showthread.php?t=52345&amp;goto=newpost</link>
			<pubDate>Wed, 03 Apr 2013 01:51:38 GMT</pubDate>
			<description>I am a medical transcriptionist.  I live in Oklahoma, but my employer is in Pennsylvania.  They are a private company.  I have been employed full time with this company for 5 years 8 months.  I do not know precisely how many employees this company has.   I have heard around 50 but then was told it...</description>
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<div>I am a medical transcriptionist.  I live in Oklahoma, but my employer is in Pennsylvania.  They are a private company.  I have been employed full time with this company for 5 years 8 months.  I do not know precisely how many employees this company has.   I have heard around 50 but then was told it was more than that but &quot;less than 99.&quot;  I do not know if there is a way to formally discover the true number of employees, as the owner will not tell when directly asked, and it is difficult to know because of the telecommuting aspects of the job.   I am not physically around my co-workers. <br />
<br />
I am paid by productivity.  This is *not* commission.   We are paid by cents per line, based on a 65 character line (including spaces).  As an example, if I typed 1000 lines per day at a rate of $0.02 cents per line, I would be paid $20 per day.  At the time of being hired, I received full-time benefits of health insurance, paid time off, and 401k.   Paid time off was paid at a flat per-hour rate, calculated using a &quot;given&quot; of a 40-hour work week.  <br />
<br />
We are assigned primary and secondary accounts.  There may also be other accounts; however, they are not usually considered the mainstay of income.  <br />
<br />
When I began my employment, I chose full-time employee status.  Their definition of full-time employment was to produce a minimum of 10,000 lines per pay period.  We were not required to clock in or out.  We were required to fill out a calendar and place the number of lines per day that we proposed to produce and turn that in (e.g., 03/01/2013 1000 lines).   We had a 24-hour window to produce our proposed daily lines.  We were not paid overtime for any extra hours worked.  Any extra lines above our proposed amount were paid at our base line rate.  Period.  I often worked 6-7 days a week.  No bonuses.  No incentives.  But I did get to work from home, which is why I continued. <br />
<br />
In March 2013 we were told that we must now clock in via an online virtual time clock.  We were not asked to make a schedule or outline specific hours.   Punch in when you work; punch out when you stop.  I asked when our work week started and stopped, and was told it did not matter because of the way we were paid.  <br />
<br />
The second week of March, I was informed that my employer &#8220;lost&#8221; the account I worked on.  There was no more work.  I was switched to 4 new accounts and an entirely new work program.  <br />
<br />
Upon being switched to the new accounts, I started running out of work or work was only trickling in.  This was across all 4 new accounts.  Every day. <br />
<br />
I contacted my employer and was told that if I ran out of work, I should clock out.  However, I was expected to be available for work and then clock in when work showed up in my queue.  <br />
<br />
On 04/01/2013, this company lost another major account.  A mass e-mail was sent out that employees for that lost account should attempt to obtain work from their secondary or tertiary accounts as best they could.  However, there would be no guarantee of the amount of work available.  Instead, the company was in the process of obtaining new accounts, and they would be willing to put people on a &#8220;waiting list.&#8221;    <br />
<br />
Now, there is even less work or none at all.  Yet we are expected to be available and hop on the system to type reports.  If the work runs out, we should clock back out.  This makes for very, very long days, as it may take 12-16 hours or more to get 8 hours&#8217; worth of work&#8230;. if there is any work available at all.   <br />
<br />
This same company has help-wanted ads listed with online job forums.  When asked to be placed on the account for which the company has the ad, there is either no response to the request, despite numerous attempts at contact, or we are told that all accounts have their full assignments to ensure full coverage for the client, so they cannot keep moving transcriptionists around. <br />
<br />
There have been no layoffs, though a large number of people are out of work.  <br />
<br />
There are online public forums where this specific company and specific situation are being discussed.  It has been speculated that the company is not laying people off and is not providing them with enough work in an attempt to force people to quit, thus thinning the ranks.  They reason that people cannot survive on the tiny amounts of work coming in (attrition?).  If people quit, they will not be forced to pay unemployment.  If people quit and file for unemployment due to low wages/work load, it has been said that the company disputes the claim, citing the offers of &#8220;future&#8221; work and job listings on internet boards.  <br />
<br />
I contacted my local unemployment office and was told that they could not advise me until I was &#8220;in their system.&#8221;   They stated this would also alert my employer to the situation, and the employer could offer me a resolution and knock me out of eligibility for UE, regardless of how many times I had asked for resolution previously.  <br />
<br />
In years past, my state had offered partial unemployment claims, but if I am reading things correctly, it looks like that benefit was revoked effective 05/15/2012.  Link here:  <a href="http://www.ok.gov/oesc_web/documents/2012%20RULE%20BOOK.pdf" target="_blank" rel="nofollow">http://www.ok.gov/oesc_web/documents...ULE%20BOOK.pdf</a><br />
<br />
A fellow employee, who is a friend of mine that I referred to this company years ago, was told by a supervisor that as long as the company was offering us work, even if there wasn&#8217;t any to do, and the company was advertising for jobs, that we would not qualify for unemployment.  The company would fight the claim. She was also told that if our line counts dropped below 10,000 per pay period, that disqualified us from being a full-time employee, and we could be knocked back to part-time status, have our statuses changed to independent contractor, or listed as per diem independent contractor.  <br />
<br />
Why do I not look elsewhere?  I have. The industry is dying.  The job offers I have had are for wages less than I make now, and I have been told there is no guarantee of work.  <br />
<br />
Here are my questions:  <br />
<br />
Could a person file for unemployment if they quit in this situation? <br />
<br />
Would this be a denial of minimum wage/theft of wages situation if we are expected to clock in and out depending on work availability?  <br />
<br />
Does being offered work, even if there is no work to do, disqualify a person from receiving unemployment?  <br />
<br />
Are there any other situations that apply here?  <br />
<br />
I realize this is long.  Thank you for your patience. There is much more.  I tried to hit the main points.  Thank you in advance for responses.</div>


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			<category domain="http://www.thelaw.com/forums/forumdisplay.php?f=50"><![CDATA[Other Labor & Employment Issues]]></category>
			<dc:creator>OKVacationer</dc:creator>
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			<title>Work related</title>
			<link>http://www.thelaw.com/forums/showthread.php?t=52322&amp;goto=newpost</link>
			<pubDate>Sat, 30 Mar 2013 18:56:51 GMT</pubDate>
			<description>While I was work. A door almost hit someone while it was closing. And she said almost hit her noise. I said sorry and she was like ahh I am gonna sue. Is it something to worry about or not.</description>
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<div>While I was work. A door almost hit someone while it was closing. And she said almost hit her noise. I said sorry and she was like ahh I am gonna sue. Is it something to worry about or not.</div>


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			<category domain="http://www.thelaw.com/forums/forumdisplay.php?f=50"><![CDATA[Other Labor & Employment Issues]]></category>
			<dc:creator>Jrod5686</dc:creator>
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			<title>Random question</title>
			<link>http://www.thelaw.com/forums/showthread.php?t=52321&amp;goto=newpost</link>
			<pubDate>Sat, 30 Mar 2013 18:52:16 GMT</pubDate>
			<description>Well yesterday at work when I went through a door almost closed on someone noise. I said sorry then she said she would sue. Can she do anything about it. If didnt even get hurt.</description>
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<div>Well yesterday at work when I went through a door almost closed on someone noise. I said sorry then she said she would sue. Can she do anything about it. If didnt even get hurt.</div>


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			<dc:creator>Jrod5686</dc:creator>
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