If an employee is paid salary, can an employee force PTO if said employee is out with a doctor’s excuse?

Hello, I am sorry for the mix up. I worked with a client last year with similar circumstances. She was overpaid as well. We had a hearing and it was determined, since she had never filed before and English is not her first language that she had not done it intentionally so that fine on the payment was removed. That being said, if you were overpaid, you will need to repay the amount. She signed up on a payment plan. I suggest you do the same. If you need to engage my services to assist you, you can find me on Contracts Counsel website or my personal page Regards Donya Gordon

While the basic structure and framework of a consulting agreement and an independent contractor agreement are very similar, the primary difference is in what services the consultant provides. In a consulting agreement, the consultant is providing their advice for a fee. The guidance will be in the field of their expertise and, usually, includes evaluating an aspect of your business and making suggestions regarding what to do next. An independent contractor, on the other hand, will actually perform the work. The difference is not always a bright line and will vary depending on the circumstances. In some cases, a service provider will evaluate, recommend, and then perform. In that case, they are acting as a consultant first and then an independent contractor. It is also important to properly consider the differences between an independent contractor and an employee.

Separation agreement is usually helpful when separating with an employee amicably and includes other terms that you want to ask of the other party and which you will also make promises. In other words, it is a two-way (or mutual) agreement. A termination letter is most likely a one-way communication, a notice that such employee is being terminated. You should talk to your preferred counsel to discuss facts in detail and make a determination which one will be the right approach.

I'm a Washington State attorney and my answer does not constitute legal advice, and no attorney/client relationship has been formed. If the person working for you will be working remotely from his or her state, the employment law of that state will govern whether the person will be considered an employee or indepedent contractor. Regardless of where that person works, what will be most important is how your contract with that person is written, and how much you try to control the person's work hours, duties, and so forth. Speaking generally, an independent contractor should be given certain work, and a dealine and expectations, and be allowed to work at 2:00 a.m. or 2:00 p.m. and report amount of time worked, such as 8/13/23 1.6 hours. If you have set times for work, such as 8:00 a.m. - 5:00 p.m. Monday through Friday, a court will be more likely to find that the person is an employee, not an independent contractor. If you will be using a person to work in another state, I highly recommend that you consult with an employment attorney in that state to review any paperwork you use, such as an employment contract or work contract with an independent contractor. You can find such attorneys through "lawyer referral" through the state bar association in most states, or you can try finding employment attorneys through this national organization: NELA.org Although the analysis of an employee's/independent contractor will vary from state to state, here are two articles from the US Department of Labor that may provide some general guidance to you. https://www.dol.gov/agencies/whd/flsa/misclassification and https://www.dol.gov/agencies/whd/fact-sheets/13-flsa-employment-relationship I hope that I have been of help. I am an employment attorney in Washington State, and can review documents for Washington State but generally do not do any document drafting.

Potential employers are not explicitly required to disclose that a background check is a necessary condition of employment. In certain circumstances, employers must conduct background checks and keep records of these checks. This is exemplified in the Texas Administrative Code, where an employer must maintain written documentation of a pre-employment check for at least two years regardless of the subsequent employment status of the applicant. You may want to check your offer letter for terms that indicate your employment is contingent upon meeting satisfactory requirements in lieu of specific language of "background check". Depending on the industry and or the company, they may be required to do a background check to verify licensing or education in order to mitigate their risks of negligent hiring.