Questions Answered by Howard Berkson

Q: I am a member of a non-profit called Christian Healthcare Ministries.It is a ministry where members share members health

1 Answer | Asked in Business Law, Consumer Law, Health Care Law and Employment Law for Oklahoma on
Answered on Apr 20, 2017
Howard Berkson's answer
Whether you have any legal recourse depends on the contents of your contract with the organization and with their own established past practices. You should take your paperwork to an attorney familiar with contract law and review it with him or her in detail.

Q: Do I have any legal rights to co-workers, public knowing my medical information and harassment, without documentation?

1 Answer | Asked in Employment Law and Civil Rights for Oklahoma on
Answered on Apr 20, 2017
Howard Berkson's answer
Legally, "harassment" isn't usually what people think it is. I would need much more information to determine if you have been the target of illegal harassment. However, you should not provide that information here on this public forum. You should consider discussing that with an employment law attorney near you. As far as your medical information is concerned, it ordinarily cannot be revealed to the public or to co-workers except in limited circumstances unless you gave permission for the...

Q: I am in Oklahoma. Is it legal for an employer to hold my last check because of an exit checklist or exit survey?

1 Answer | Asked in Employment Law for Oklahoma on
Answered on Apr 20, 2017
Howard Berkson's answer
No. Under the Oklahoma payday law, checks must be issued within certain time frames. An employer is not permitted to withhold payroll from an employee except under special circumstances. None of the circumstances you mentioned are special circumstances that allow an employer to withhold payment or to deduct from your paycheck..

Q: Can an employer force you to shave facial hair that is clean and well maintained?

1 Answer | Asked in Employment Discrimination and Employment Law for Oklahoma on
Answered on Apr 20, 2017
Howard Berkson's answer
Generally, yes, an employer can require employees to be clean-shaven. For safety reasons, there are few alternatives. If it is merely part of the company "look" that employees be clean-shaven, and if your facial hair is part of a religious obligation, then you may try asking the employer for a religious accommodation.

Q: As an employer am I legally obligated to provide a ride home after terminating an employee? In Oklahoma

1 Answer | Asked in Employment Law for Oklahoma on
Answered on Apr 20, 2017
Howard Berkson's answer
Usually, no. However, if the employee is out in the middle of nowhere when you fire him or her, you can't just leave the employee by the side of the road without opening yourself up to significant liability. Naturally, the case against you would be much stronger if something bad happened to the employee, such as being struck by a car while trying to walk home on a deserted country road. However, if the employee ordinarily has no problem getting to and from the place where employment was...

Q: my company is located in PA but I live and work in CA what state can I flle a lawsuite against them in?

1 Answer | Asked in Employment Law for Pennsylvania on
Answered on Apr 20, 2017
Howard Berkson's answer
It depends on the nature of your claim. Some claims possibly in PA, most claims in CA. You should talk to a lawyer familliar with employment law in your home jurisdiction, first.

Q: If the employer in Oklahoma cannot fill an I-9 for an international, what other forms must they fill out?

1 Answer | Asked in Employment Law and Immigration Law for Oklahoma on
Answered on Apr 20, 2017
Howard Berkson's answer
If you are technically permitted to work, then your immigration attorney should be able to guide you toward getting whatever documents you need to fill out Form I-9. Whether the document is a work visa or a social security card or a U.S. passport or something else permitted, you can't work legally without Form I-9. Moreover, working illegally could interfere with your immigration interests. You should discuss this in detail with your immigration attorney. If your immigration attorney does...

Q: Can an employer retroactively deduct wages paid due to payor source recoupment if the hours worked were assigned hours?

1 Answer | Asked in Employment Law for Oklahoma on
Answered on Apr 20, 2017
Howard Berkson's answer
You might have a case against the employer for assigning you more work than you can bill and also for making a deduction you did not authorize, if you did not authorize the deduction.. However, it depends on a variety of details that you should discuss with an attorney near you who is familiar with employment law.

Q: What can a former employer say about my time employed i with them.

1 Answer | Asked in Employment Law and Libel & Slander for Oklahoma on
Answered on Apr 20, 2017
Howard Berkson's answer
A former employer can be liable under different legal theories for bashing a former employee on a reference check. Defamation is one theory. Under defamation, you would say that you have been economically injured because they have made false statements about you (your character, your competency, whatever), knowing the statements were false or with reckless disregard for whether they were true. Another theory has a fancy lawyer name: "tortious interference with contract." Essentially, we...

Q: How can i get out of contract on new car purchase 12days ago ?

1 Answer | Asked in Contracts and Consumer Law for Oklahoma on
Answered on Apr 20, 2017
Howard Berkson's answer
I am sorry to hear you are stuck in a purchase contract you cannot afford. From a lawyer's perspective, a contract is an exchange of promises that is enforceable by law. In other words, the whole point of having a contract is to force someone to keep their promise. The consequences of breaking your contract will likely be repossession of the vehicle and a judgment against you for the amount of money you still owe minus whatever they get from selling the car at auction plus interest, fees,...

Q: Can I get revoked for not having a job when I have a disabled child at home and my probation is up in a month

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Oct 13, 2014
Howard Berkson's answer
If the terms of your probation require you to have employment, then your probation can be revoked for being unemployed. You should speak with an attorney. If money is too tight, check with Legal Aid of Oklahoma.

Q: What would assault on a disabled person be considered or classified as?

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Oct 13, 2014
Howard Berkson's answer
Assault or battery on a disabled person by an able bodied person is probably aggravated assault or battery (or both). See Oklahoma Statutes title 21, Section 646(2).

Q: Can a judge overrule a jury decision regarding a conviction of Lewd Acts against a minor under 12?

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Oct 13, 2014
Howard Berkson's answer
Your best bet is an appeal but, frankly, appellate courts normally uphold the trial court's decision.

Q: Can my husband have charges dropped against my daughter for assault?

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Oct 13, 2014
Howard Berkson's answer
Criminal charges are brought by the state, the District Attorney makes the decisions, so it isn't up to you whether they continue prosecuting the case. However, that doesn't mean there is nothing you can do, but you need to talk to an attorney very quickly.

Q: Worked at Abc supply in Stillwater oklahoma for almost 6 years took a voluntary layoff never called back what can I do

1 Answer | Asked in Employment Law for Oklahoma on
Answered on Oct 13, 2014
Howard Berkson's answer
We don't have enough information to answer your question directly. You can talk to the employer and ask them why they didn't give you the bonus everyone else got. You can ask them why you weren't hired back given your seniority. What you should probably do is write down a timeline of what happened and take that along with any paperwork or letters you may have about the layoff to an attorney.

Q: Do I need an employment law attorney?

1 Answer | Asked in Employment Law for Oklahoma on
Answered on Oct 13, 2014
Howard Berkson's answer
It sounds like you have a wage claim that the Department of Labor would be interested in. Generally, if you go the administrative route, there is value in having a lawyer help you prepare your charge. If it is clear and well organized and tailored to highlight just the facts relevant to the laws and regulations the employer allegedly broke, the agency might be faster to act and more interested in your case.

Q: Can an employer add a new territory to your work load which is in a different state? With no increase in pay.

1 Answer | Asked in Employment Law for Oklahoma on
Answered on Oct 13, 2014
Howard Berkson's answer
Your employer can change the terms and conditions of your work whenever they want, unless you have a contract in place saying they can't. For example, an employer can offer you work in Tulsa as a printer and then later transfer you to Oklahoma City to work as a baker and then fire you if you don't report to the OKC bakery. There are some exceptions and complicating factors, so it's worth talking about with an attorney.

Q: Does a federal felony from 6or7 years ago show up for an employment background check

1 Answer | Asked in Employment Law for Oklahoma on
Answered on Oct 13, 2014
Howard Berkson's answer
If you were convicted of a federal felony 6 or 7 years ago, it will likely show up in an employment background check.

Q: Is it legal for a General Manager (who gets salary) at a restaurant to pick up waiters shifts for tips?

2 Answers | Asked in Employment Law for Oklahoma on
Answered on Oct 13, 2014
Howard Berkson's answer
It is legal for a management employee who is paid on a salary basis to receive tips from customers.

Q: Under FLSA, how should a non-exempt employee be compensated for time spent traveling to and from out-of-state training?

1 Answer | Asked in Employment Law for Oklahoma on
Answered on Oct 13, 2014
Howard Berkson's answer
Ordinarily, a non-exempt employee must be paid while traveling out of their home city for a work related purpose if such travel occurs during their normally scheduled work time. There are exceptions: you might be entitled to pay during non-scheduled hours. You should discuss the situation with an attorney or raise the issue with the Department of Labor.

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