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Questions Answered by Adam Kielich
1 Answer | Asked in Small Claims and Employment Law for Colorado on
Q: what is my legal stance on getting my final check from past employer who refuses to pay.

Past employer refuses to pay final check. Check is also missing correct overtime and commissions. claiming the check is going towards a minor fender bender I was apart of months prior in company truck on the clock. I exchanged insurance information and continued working, after I started a new job... Read more »

Adam Kielich
Adam Kielich answered on Jan 21, 2018

In Colorado you can either file a lawsuit or file a wage claim with the Colorado Department of Labor and Employment. Which is the better option for you is impossible to say without knowing more facts about your situation. You should talk to an employment attorney in Colorado. In some cases you can... Read more »

1 Answer | Asked in Employment Law for Colorado on
Q: Can a non profit org change my hourly wage to salary?
Adam Kielich
Adam Kielich answered on Jan 21, 2018

An employer can change an employee from an hourly basis to a salary basis so long as either the method of payment satisfies the minimum wage and overtime requirements for a non-exempt employee or if the employee is exempt from those requirements. Without more details it is difficult to say whether... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Civil Rights for Colorado on
Q: Can an establishment, such as fast-casual restaurants, discriminate against age?

My mother is 42 years old and had an interview at Qdoba Mexican Grill in Colorado Springs, CO. They told her she was too old for the job and sent her home. It is my understanding that this is not legal, is this true?

Adam Kielich
Adam Kielich answered on Jan 21, 2018

It is unlawful for a business to discriminate against applicants over the age of forty on the basis of the applicant's age. An employer may be liable to an applicant refused a job on the basis of age if the employer employs more than the minimum threshold under federal and state law. Your... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: My employer has a gnat infestation in our plant. Is there an agency i can report it to? We manufacture coffee.

I have contacted HR. They say there is nothing they can do.

Adam Kielich
Adam Kielich answered on May 6, 2015

https://www.dshs.state.tx.us/foodestablishments/complaint.shtm

1 Answer | Asked in Family Law for Texas on
Q: Can a good mother in tx who has had their child loose custody of them for not being able to obtain/afford a lawyer?
Adam Kielich
Adam Kielich answered on Nov 16, 2014

If you do not hire counsel you will be at a significant disadvantage if the other parent has an attorney. You will be held to the same standard as an attorney before the court although you know that you do not have the same training, experience, or knowledge about the legal system that the opposing... Read more »

1 Answer | Asked in Family Law for Texas on
Q: In filing a divorce is it better to be the one to file first?

My Husband deserted me two years ago and has not filed for divorce yet. he is paying all the bills. It is starting to get extremely complicated. It is better to be the one to file for divorce first?

Adam Kielich
Adam Kielich answered on Nov 16, 2014

Attorneys disagree about this issue. My position is that there are situations where it makes a difference but in the majority of cases it does not. I would suggest if the situation is getting complicated that you talk to an attorney now about how to proceed rather than waiting to see what happens... Read more »

1 Answer | Asked in Family Law for Texas on
Q: If temp. Order is dismissed can attorney general revert to previous order?

January 2012 went to court, temporary order that changed visitation from standard, every other weekend, etc. to week on week off, 50/50. Child support set to zero with a monthly credit of $150 for possession and part of the cost for health insurance. Credit to go towards "past due child... Read more »

Adam Kielich
Adam Kielich answered on Nov 16, 2014

If the temporary order was dismissed the the original order becomes effective on the date of the dismissal.

1 Answer | Asked in Employment Law for Texas on
Q: can a deposition be requsted from an ex employee
Adam Kielich
Adam Kielich answered on Nov 16, 2014

Yes.

1 Answer | Asked in Employment Law for Texas on
Q: Severance

I was laid off. My last day is at end of week. I have just now received separation papers. They indicate that once I receive job offer my severance will stop. Not a job, but a job offer. When I was notified that I was being let go, all the letter stated was that as long as I remained with the... Read more »

Adam Kielich
Adam Kielich answered on Nov 16, 2014

The first question that comes to mind is how your employer/former employer would know that you have received a job offer unless it comes from that company or an affiliated company. My suggestion is that you talk to an employment lawyer in your area about the terms of the severance plan and what it... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: I quit my job recently because of harassment. Will a lawyer help me find justice.

I took a day off to collect myself.

Adam Kielich
Adam Kielich answered on Nov 16, 2014

The biggest issues in a workplace harassment claim are:

1. Why you were harassed; and

2. The nature of the harassment.

It is not unlawful for your employer to treat you poorly unless the basis for that treatment is one specifically prohibited by law (e.g. race, sex,...
Read more »

1 Answer | Asked in Divorce for Texas on
Q: what if were not happy with attorney. we feel the divorce has stretched out too long without adequate answers.

filed 4-1-14 answered 5-1-14. no real answers other than .... were waiting on discovery. there are no children. been separated for 10 years in 2 completely separate households fully maintained by each individual. not sure our attorney is really working on anything

Adam Kielich
Adam Kielich answered on Nov 16, 2014

You should talk to your lawyer about what is going on. Sometimes the discovery phase of litigation can take months just because the rules permit parties thirty days to respond to discovery requests and once your attorney receives documents they have to be reviewed and the attorney needs to consider... Read more »

1 Answer | Asked in Divorce for Texas on
Q: I'am divorcing and my husband says his medical practice was incorporated, not purchased, therefore I can not get any
Adam Kielich
Adam Kielich answered on Nov 16, 2014

Dealing with business assets in a divorce is complicated work. You may be entitled to a property division that includes some value for the medical practice but if you try your hand at sorting out business assets in a divorce without the help of an attorney you are almost certain to end up... Read more »

1 Answer | Asked in Divorce for Texas on
Q: Need to find a lawyer for an uncontested divorce, and want to know more less the costs?
Adam Kielich
Adam Kielich answered on Nov 16, 2014

Prices vary widely across the state and across law firms. I know that some divorce lawyers charge up around $2k for an uncontested divorce. (I don't understand that pricing model.) Other firms, including my own, charge substantially less. Something to consider in addition to price is what... Read more »

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