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Questions Answered by Howard Berkson
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
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
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... 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
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... Read more »

Howard Berkson
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... 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
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
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
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 »

1 Answer | Asked in Contracts for Oklahoma on
Q: when you sell something as in with bill of sale it leaves property whats my right as a seller

they took home rode it called said it broke down wants money back

Howard Berkson
Howard Berkson answered on Oct 13, 2014

You should share the details with an attorney. You may have an obligation. It is too complicated to answer in this format and you shouldn't discuss the details publicly.

1 Answer | Asked in Civil Litigation for Oklahoma on
Q: How long does summary judgement take
Howard Berkson
Howard Berkson answered on May 10, 2014

Summary judgment can be very simple or very complicated. The more complicated it is, the longer it will take for a judge to rule on it. Also, it depends on how busy the court is where the motion for summary judgment is pending. We don't have enough information to give a more concrete answer.

1 Answer | Asked in Personal Injury for Oklahoma on
Q: Can a hospital or emergency room take my unisured motorist claim if they have filed a lien?
Howard Berkson
Howard Berkson answered on May 10, 2014

Probably. A hospital can file a medical lien on your personal injury claim so that it can provide healthcare services to you without worrying about being paid.

1 Answer | Asked in Personal Injury for Oklahoma on
Q: How can I file to be compensated for an assult the OKC attorney office chose not to press charges. I have medical bills

I have suffered mental and physical. Should I seek a personal injury lawyer or go to small claims?

Howard Berkson
Howard Berkson answered on May 10, 2014

You would have to sue the person in civil court for the tort of battery or negligence, depending on the circumstances. If you win the case, you would then have to actually collect on the judgment. If the other person has no money, no decent job, and no valuable assets, you might not ever see any... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: How do i go about getting a pro bono lawyer in tulsa area in oklahoma

Been charged with embezzelment

Howard Berkson
Howard Berkson answered on May 10, 2014

Go here: http://www.legalaidok.org/

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I asked the state to drop charges on my ex for domestic abuse in the presence of minors. Can I change my mind?
Howard Berkson
Howard Berkson answered on May 10, 2014

Yes, you can change your mind. Here are details: Whether the state can re-file charges depends on whether the constitutional protection against double jeopardy applies and whether the criminal charge has "expired" under the statute of limitations. Ordinarily, the Constitution protects a... Read more »

1 Answer | Asked in Employment Law for Oklahoma on
Q: I had bk problems and my boss knew about them and I hurt it agin at work then my boss fired me for it

He lead me on for two weeks saying he was looking for work and then today said he couldn't put me bk to work can he do that

Howard Berkson
Howard Berkson answered on May 10, 2014

You should talk to an attorney experienced with workers' compensation law.

1 Answer | Asked in Employment Law for Oklahoma on
Q: Are employers required to pay unused pto if you are furloughed?
Howard Berkson
Howard Berkson answered on May 10, 2014

A "furlough" is typically a temporary leave. An employee on temporary leave is entitled to whatever the PTO policy allows. Also, there can be complicating factors, particularly if the furlough is for less than one week (e.g., 1 day per week for 3 months) and the employee is paid on a... Read more »

1 Answer | Asked in Adoption for Oklahoma on
Q: What paperwork do i have to file pro se on an adoption i have paperwok from legal aid but no one can tell me what to do
Howard Berkson
Howard Berkson answered on Jan 3, 2014

Legal aid should be able to assist you unless you do not qualify for their services. If legal aid cannot help you, check with non-profit organizations that facilitate adoption such as Catholic Charities of Oklahoma City or Heritage Family Services in Tulsa.

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: When my landlord sells our house does that terminate our lease? Can we leave and demand our deposit back?
Howard Berkson
Howard Berkson answered on Jan 3, 2014

If your landlord sells the property you are renting, you are still bound by the lease and the new owner is responsible for the landlord's obligations on the lease. There are some details about required written notification. See Title 41, section 119(C) of the Oklahoma statutes.

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: My landlord has not repaired the utility box & I still have no electricity. What can I do?
Howard Berkson
Howard Berkson answered on Jan 3, 2014

Title 41, section 118(A)(2) of the Oklahoma statutes requires landlords to "Make all repairs and do whatever is necessary to put and keep the tenant's dwelling unit and premises in a fit and habitable condition." Sub-paragraph (3) specifies that landlords must " Maintain in... Read more »

1 Answer | Asked in Employment Law for Oklahoma on
Q: How many hours can a 17 year old work a week and attend high school
Howard Berkson
Howard Berkson answered on Dec 30, 2013

We do not have enough information to answer your question. There are special "child" labor laws from the federal government, and they depend on the type of job. For example, there are different provisions for agricultural work, kitchen work and amusement park work. Oklahoma also has... Read more »

1 Answer | Asked in Business Law for Oklahoma on
Q: Can a business in oklahoma stay open if they have no running water?
Howard Berkson
Howard Berkson answered on Dec 30, 2013

We don't have enough information to provide a detailed answer. There are many situations in which running water would not be required but drinking water probably must be available, even if it is just bottled or in a thermos. There could be city or county health code issues requiring running... Read more »

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