Ask a Lawyer- Questions & Answers about working laws

Click here to go to: www.workingamerica.org to check out the questions and answers
by topic or to ask a general question yourself.

Your BEST bet is to read the collective bargaining agreement (we call ours a Master Labor Agreement) and contact a union officer or steward to get your specific question answered.

If there is any convincing documentation that exists about why you are better protected when you support your union, it is the questions and answers you see on this "Working America" website. Many answers given refers to the strength the collective bargaining agreement gives employees.

Check out a few below :

Q. Can my employer prevent me from returning to work even though the Worker's Compensation doctors have cleared me to return without limitations?

A. "Workers' compensation is generally a matter of state law, and the requirements of each state law are different. ... An employee on Family and Medical leave generally must be returned to their regular position if they are released to return to work within 12 weeks, and employees covered by collective bargaining agreements may have greater rights to reinstatement than workers in general. ..."

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Q. I have worked under PRN ("as needed") status for over 5 years. I manage a state grant and have always worked 40 hours per pay period (2 weeks). I have asked repeatedly to be upgraded to part time, as I consistently work over the number of hours allotted but have had my time card rejected every time I put down my real hours. I received low marks at my yearly evaluation which I believe are unsubstantiated punishment for 'complaining' that I need more hours. My complaints were actually cited on my review, I have since disputed the marks and asked for the review to be changed. Can they have a regular employee on PRN for 5 years when I clearly don't work on an as-needed basis?

A. "The law does not define what constitutes full-time employment or part-time (or "as needed") employment. Generally, absent a union contract, employment is "at-will" which means the employer has almost complete discretion to determine the terms and conditions of employment for his/her employees, including, among other things, in setting an employee's schedule and/or in deciding how many hours an employee can work.

Absent a union contract, there is no law that generally prohibits an employer from punishing an employee who complains about his/her own job or conditions of employment. However, ..."

questions and answers from www.workingamerica.org/askalawyer