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Questions Answered by Bernard P. Healy
1 Answer | Asked in Employment Discrimination, Employment Law, Civil Rights and Libel & Slander for Rhode Island on
Q: Can a supervisor allow only 2 out of 3 employees the opportunity to work Overtime? all 3 are members of Laborers union
Bernard P. Healy
Bernard P. Healy
answered on Mar 3, 2018

I do not have sufficient information to answer this completely or with true accuracy. Under Federal and Rhode Island Law, a supervisor cannot discriminate against employees for certain reasons. Those reasons are race, gender, age, disability, perceived disability, ethnic background, religious... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Traffic Tickets for Rhode Island on
Q: Can police still issue citation after over a month of not contacting us about incident?

My wife was involved in car accident with no other motor vehicles and did not have proof of insurance at the time of incident and was never cited now after over a month they are trying to fine her is this possible by law?

Bernard P. Healy
Bernard P. Healy
answered on Mar 3, 2018

I do not have sufficient information to answer this question fully or accurately. I think the answer is not one you will want hear. The Police can issue a citation after over a month, despite not contacting you earlier. You mentioned that this was a single car collision. Did the police arrive at... View More

1 Answer | Asked in Employment Discrimination, Sexual Harassment, Contracts and Employment Law for Rhode Island on
Q: How can a member of a Laborers union fight against being wrongfully terminated due to nepotism by the union steward??

Its a long story but I've been with this company many years, (almost 20 years) I am beyond devastated,

Bernard P. Healy
Bernard P. Healy
answered on Mar 3, 2018

I do not have sufficient information to answer this question fully or accurately. Let me give you my initial impressions. I assume you are a member of a Laborers Union which has assigned you for many years to a specific business. You have apparently performed your job well and you are being forced... View More

1 Answer | Asked in Employment Law for Rhode Island on
Q: i suffer from major depression, anxiety, bipolar, manic and so on i have hospitalized several times had ECT treatments

i spent several years bedridden. due to my depression. apparently i signed paper work to take an early pension from my job and made my 77 year old husband beneficiary first of all i would of never ever made him my beneficiary i would of made my 31 year old son who is not my husband biological son... View More

Bernard P. Healy
Bernard P. Healy
answered on Mar 3, 2018

I do not have specific information to respond fully to your question. Since you have been receiving SSDI since 2006, I assume that you took your early pension at approximately that time. Since this was an employment related benefit, the governing Law was probably Federal, the Employee Retirement... View More

1 Answer | Asked in Personal Injury for Rhode Island on
Q: as a plantif can i just end a civil suit

suing for ssdi

Bernard P. Healy
Bernard P. Healy
answered on Jan 27, 2015

Yes. You can withdraw your application for disability benefits at any time.

2 Answers | Asked in Employment Law for Rhode Island on
Q: if someone was charged with a crime and went to court and everything was disposed of can employer hold it against you

they went on line under court documents and said they needed a bci check before you can continue to work here after working there for 11 years

Bernard P. Healy
Bernard P. Healy
answered on Jan 27, 2015

You probably pled guilty or nolo contendere when you disposed of the case. You are probably an "employee at will" and your employer can discharge you for that long ago criminal conviction. While this can be very unfair your employer's actions are not illegal unless the real... View More

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1 Answer | Asked in Workers' Compensation for Rhode Island on
Q: I've been out on comp for 2 months everything was fine but i got a call today from the case nurse manager and she wants

To go to my dr. appointment next week with me? Is this normal

Bernard P. Healy
Bernard P. Healy
answered on Jan 27, 2015

It is not unusual for the Workers Compensation Insurer to assign a nurse practitioner to an injury case like your. Sometimes the nurse practitioner can be helpful. Always keep in mind that she is an agent and probably an employee of the insurer. The practitioner's ultimate loyalty will be to... View More

1 Answer | Asked in Employment Law for Rhode Island on
Q: Can I sue for defamation and/or unlawful termination of employment?

I was hired by a well-known insurance company in May. They paid to have me licensed throughout the US for Property and Casualty insurance. Part of the licensing process involved a uniform application that asked questions about previous convictions. The company has a department that specifically... View More

Bernard P. Healy
Bernard P. Healy
answered on Jan 21, 2015

Response: I do not think that you had a written contract of employment with the insurance company so you probably can not sue, under Rhode Island law, for unlawful termination. A defamation lawsuit is certainly possible. To prevail, the burden would be upon you to prove the insurance company... View More

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