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Questions Answered by Howard Berkson

1 Answer | Asked in Business Law, Consumer Law, Health Care Law and Employment Law for Oklahoma on

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

insurance costs.It is not an insurance company so they have a pre-existing condition limitation.Pre-existing is defined as having symptons, signs or treatment within 1 year of joining.I joined in April 2016.I had a condition in Aug 2014 and last visit for it was Dec 2014.I had another incident in... Read more »

Howard Berkson answered on Apr 20, 2017

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.

1 Answer | Asked in Employment Law and Civil Rights for Oklahoma on

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

Howard Berkson answered on Apr 20, 2017

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... Read more »

1 Answer | Asked in Employment Law for Oklahoma on

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

Howard Berkson answered on Apr 20, 2017

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... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Oklahoma on

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

Howard Berkson answered on Apr 20, 2017

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... Read more »

1 Answer | Asked in Employment Law for Oklahoma on

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

Howard Berkson answered on Apr 20, 2017

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... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on

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

Howard Berkson answered on Apr 20, 2017

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.

1 Answer | Asked in Employment Law and Immigration Law for Oklahoma on

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

I am a international who graduated from college last year and is currently married to an American Citizen. We've been told by an immigration lawyer that I'm technically allowed to work but I cannot fill out an I-9, are there some other forms that an employer must fill out in order to hire me? If... Read more »

Howard Berkson answered on Apr 20, 2017

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... Read more »

1 Answer | Asked in Employment Law for Oklahoma on

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

I'm a behavioral health case manager in OK. In Nov 2016 my employer notified me that due to the new overtime laws coming on 12/1/2016, I would need to choose whether I would change from salary to an hourly employee or a fee-for-service employee. I often worked 50 to 60 hrs a week, and they did not... Read more »

Howard Berkson answered on Apr 20, 2017

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... Read more »

1 Answer | Asked in Employment Law and Libel & Slander for Oklahoma on

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

I was let go from a job that i had been at for over 5 years, do to the recent oil bust, when i left i felt i left on good terms, but as i started turning in resumes i would get an interview and asked to fill out an application but wouldnt ever here back. Then about 4 months later a company asked me... Read more »

Howard Berkson answered on Apr 20, 2017

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,... Read more »

1 Answer | Asked in Contracts and Consumer Law for Oklahoma on

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

Income cant cover payments

Howard Berkson answered on Apr 20, 2017

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... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on

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

Ive paid all my da supervision fines and im off next month but now the lady I check in with said shes gonna revoke me for not having a job . MySl son is disabled and I recieve ssi for him .can she do that

Howard Berkson answered on Oct 13, 2014

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.

1 Answer | Asked in Criminal Law for Oklahoma on

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

Howard Berkson answered on Oct 13, 2014

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).

1 Answer | Asked in Criminal Law for Oklahoma on

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

My ex-husband was convicted recently of Lewd Acts against a 4 year old. His formal sentencing is not for 6 weeks. The judge was a former defense attorney and was clearly partial to the defense. In spite of that, the jury convicted him and gave him two life sentences. This judge has done... Read more »

Howard Berkson answered on Oct 13, 2014

Your best bet is an appeal but, frankly, appellate courts normally uphold the trial court's decision.

1 Answer | Asked in Criminal Law for Oklahoma on

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

My daughter was on drugs and assaulted my husband. We had her arrested, but want to drop the charges based on her attending counseling. Her court date is 10/16. Is it too late??

Howard Berkson answered on Oct 13, 2014

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.

1 Answer | Asked in Employment Law for Oklahoma on

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

I have the most sinority there didn't get my bonus I worked so hard for everybody else got there's what can I do to get compensated

Howard Berkson answered on Oct 13, 2014

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... Read more »

1 Answer | Asked in Employment Law for Oklahoma on

Q: Do I need an employment law attorney?

I have a wage case just not sure if I should consult attorney or just take

evidence to the labor board. Me and my wife took a job at a townhome

community in Claremore. At the time it had been neglected for several years.

We remodeled one unit and the owners were satisfied... Read more »

Howard Berkson answered on Oct 13, 2014

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... Read more »

1 Answer | Asked in Employment Law for Oklahoma on

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

In addition to my current workload they added another territory in another state to manage. They didn't ask me if I was okay with this nor did they adjust my pay. My original offer letter was for only one state not two. This will take additional time away from my family again without a new offer... Read more »

Howard Berkson answered on Oct 13, 2014

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... Read more »

1 Answer | Asked in Employment Law for Oklahoma on

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

The crime was cashing fake checks

Howard Berkson answered on Oct 13, 2014

If you were convicted of a federal felony 6 or 7 years ago, it will likely show up in an employment background check.

2 Answers | Asked in Employment Law for Oklahoma on

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

Howard Berkson answered on Oct 13, 2014

It is legal for a management employee who is paid on a salary basis to receive tips from customers.

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1 Answer | Asked in Employment Law for Oklahoma on

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

A non-exempt employee is required to attend training in another state. The training will consist of 34 hours over 5 days (regular work days). If travel time exceeds 6 hours, will the employee receive compensation for that time? If so, should it be figured as straight time or overtime?... Read more »

Howard Berkson answered on Oct 13, 2014

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... Read more »

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