I need to find out if and under what conditions the governing entity would be liable for the actions of their police officers. Example: 2 on duty Police Officers knowingly assist someone in filing false documents to incriminate someone. That person ends up being found innocent of all charges in all... View More 
answered on Mar 19, 2016
Municipalities are not automatically liable for civil rights violations committed by their officers. Municipal entities may be held liable for civil rights violations carried out by their officers if those violations were done pursuant to an official policy or pattern of practice.
My fiancee, a disabled vet, lived with me at my residence. He threatened to kill himself and held a gun to his head. I dialed 911 to get him help. The Newark Police department sent their SWAT team in full body armor and in a SWAT tank. They told him to drop the gun. The neighbors saw him being... View More
answered on Mar 19, 2016
I'm sorry to hear about your loss. You should definitely consult with a local attorney, understanding that in civil rights lawsuits, police officers receive a great deal of legal deference when they face individuals brandishing firearms. Whether the subsequent search and seizure were illegal... View More
Zip 58554
answered on Mar 19, 2016
You do not have to have a lawyer to bring a lawsuit, but it is unwise to try to do so without one. A lawyer will help you evaluate whether you have a good case and will be able to properly conduct the lawsuit to your benefit. If you think you have a case, go and consult with a lawyer in your... View More
I work in Missouri and received a promotion causing a move from non-exempt to exempt employee. There is not change in job duties. To I have a right to have the PTO paid out. My employer doesn't track PTO for exempt employees.
answered on Mar 19, 2016
The answer to this question depends on your employer's policies. If you are a government employee, civil service laws might determine whether and under what circumstances accrued leave can be used or paid out. By and large, you must look at your employer policies.
answered on Mar 19, 2016
This happens all of the time. Whether it is permitted or not is a matter of company policy. Government entities are subject to some anti-nepotism laws, but otherwise fraternization and nepotism are not legal issues but rather issues of company policy.
My former employer has retained 3rd party help to represent them at the hearing. I assume they are lawyers. Do I need legal representation for this hearing? Also, I live in Alabama, but it is the OESC that is handling my claim.
answered on Mar 19, 2016
Although Unemployment Insurance appeal hearings are typically less formal than a court setting, you could be at a considerable disadvantage if your employer has representation and you do not. The third party representing your employer is not necessarily an attorney, as non-lawyers are usually... View More
My husband has been working for the past month seven days a week, ten hour days. He has not received time and a half for his over time he received like time and maybe a fourth. For the 30 hours overtime.
answered on Mar 19, 2016
To get an accurate answer to this question you would need to provide more information. At a minimum, if your husband is not exempt, then under the Fair Labor Standards Act he should be receiving time and a half if he is required to work more than 40 hours per work week. A local attorney can give... View More
I had to leave work do to medical reason. My employer wants me to sign a rightup or be Terminated. I should not have got a right up seens I have my doctor notes proving I was at the hospital due to so much pain. I did not get hurt at work. What can I do?
answered on Mar 18, 2016
You would need to consult with a local attorney in your state. That attorney will ask for more information. For example, what is the substance of the write-up you are being asked to sign? Did you violate your company's leave policy by failing to provide a required notice before leaving? Do... View More
I currently operate a business but am facing the choice of either laying people off or keeping them on the payroll without scheduling any hours until financial situation improves. Just wanted to know if there was a minimal requirement for hours if an employee was on a current payrol
answered on Mar 18, 2016
If you do not have the work, you do not have to schedule employees for a minimum amount of hours unless you have entered into a contract that alters the presumptive at-will relationship. Even if you do have the work, you do not have to guarantee any worker a minimum number of hours. This answer... View More
The last salaried paycheck I received was on 11/15. On 11/30, I was told that, because of money problems, they didn't even know how they were going to pay their taxes, they were restructuring the company and I would no longer receive a paycheck, but they would like for me to stay on as a... View More
answered on Mar 17, 2016
It is not possible to comment on the scope and applicability of the non-compete agreement without reviewing the actual language. I would like to comment, however, about this notion that you were converted to "1099 status" because of company restructuring. Your conversion to "1099... View More
I gave my fiancee 1% of my llc in ny state in order for her to get medical benefits. she is collecting unemployment becuase of her termination from her previous job. she does not work for me and gets no pay. the llc makes very little money and I take all the profits. can she still collect... View More
answered on Mar 17, 2016
Although there is some variation from state to state, the main questions that determine unemployment compensation eligibility are: 1) is the claimant monetarily eligible (i.e., did that individual have sufficient earnings prior to the date of claim to qualify)? 2) is the claimant out of work... View More
Getting raises even though people did get raises. This year I was told when I was hired I was hired at the top of my pay scale. I was never told this ever before. Legally can they do this? I know GA is a right to work state, but I should have been told this before I accepted the position. This... View More
answered on Mar 17, 2016
These facts, on their own, do not present a legal issue. You have not indicated whether you work for a public employer, or whether any contract, such as a collective bargaining agreement, governs your relationship with the employer. If you are a tenured public employee or are part of a bargaining... View More
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