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Mechanics Lien. Good advice. If they are a tenant, you may also get assistance from the property owner if the sign is permanently affixed and has become a leasehold improvement.. If it's a business, you can also harass them daily via telephone- there are no collection protections for...

Seriously?

Peppermint- In all your experience, have you ever been audited by the DOL? In the case of wage violations, did they disclose who filed the complaint? In my (unfortunate) experiences, they would not disclose the complainant. The only exception I have experienced is in the case of an FMLA...

Hello rlbctsi- There are laws being broken here. You should be extremely careful with anything you put your name to. Certainly anything you sign must include your title so as to limit your liability in a civil matter, though it may not help you in a criminal matter. Hopefully you are not...

UPDATE This matter was brought to the USDOL. According to the investigator from the DOL, there are definite violations to the FMLA in this case. An employer can not put an employee on notice of excessive absences if part of those absences include FMLA time. Also, while the employer may...

Hi Gabe- Is this a written company policy- part of your handbook? Do you have a copy of the policy? Before contacting an attorney, consider contacting the DOL Wage and Hour Division. All it takes is a phone call. Good luck.

Don't know if you're still checking in here as I see you got no response. Are you receiving K-1's from the LLC? Does your operating agreement give you certain rights to review the books and records? Who are the manager's of the LLC? An LLC must still hold annual meetings. Have you...

I believe that is what will happen next. Thank you both (Peppermint and cbg) for your input and perspective.

Sorry for being obtuse cbg :rolleyes: To answer your question, yes: The employer has prevented the employee from applying for a new position within the company (because policy states she cannot apply for a new position while on warning). She asked her supervisor and was told she could not...

Thank you very much for your response cbg. I appreciate you taking the time to answer. Would you consider that the individual is denied the opportunity to get a raise, promotion, or apply for another position an adverse action? Again, it is written policy that an employee on warning cannot...

Thank you very much for your input Peppermint.

Hi Peppermint- Actually we're way past there. I guess my question to the board is: Isn't the warning itself a negative action? Policy is that an employee with an active/current warning is not eligible for promotion, raise, or transfer to a different department. In other words, because the...

Really should seek a local attorney as enforcement of a non-competes is very difficult unless you are being compensated by your former employer in either periodic payments or as part of a severance package.

Thank you for your input cbg. While treading on very thin ice, I can see how the termination issue can be worked around. So let's take the issue to the next step.... If we put that employee "on warning" as a result of excessive absences or for using all available "PTO", are we in...

Hi Peppermint- Thank you for the reply. The employer's position on this matter is that an employee is entitled to 120 hours of PTO. When an employee's total PTO exceeds this 120 hour limit, regardless if part of those hours include FMLA time or not, the employee is put on warning for being in...

Hello All. First time poster here. I have a question concerning FMLA and Personal/Paid Time Off (PTO) plans. Can a company that uses a PTO plan, as opposed to a No-Fault Attendance Policy, count FMLA approved time as part of the PTO calculation? Specifically, if an employee is...