doesn’t replace it & doesn’t order roofing materials as promised. Isn’t contract breached at this point?
answered on Apr 28, 2022
As always, Mr. Eisenberg is correct.
A contract breach occurs when one party fails to perform (or whose performance deviates from) what was contracted. A common problem for contracting homeowners is the absence of required terms in the contract. To piggyback on Mr. Eisenberg’s example,... Read more »
An employee has filed two toxic work environment claims against me and after being investigated they came out in my favor. Any time I correct her on her job or have to take disciplinary action against her she files more paper work in HR. It’s making it to where I’m afraid to do my job as a... Read more »
answered on Apr 14, 2022
Nothing. Taking any action will look like retaliation on your part. Understand that anyone that keeps making unsubstantiated allegations will have little credibility. If it were me, I would ask for a sit down with a Manager in Human Resources. At the meeting, express concern about how best to... Read more »
If the condition is something categorized by ADA as being a chronic condition. And the overtime hours that he'd be working were never discussed.
answered on Apr 11, 2022
Generally speaking, the terms of employment are between the parties and can be changed at anytime, and a doctor’s note need not be accepted by an employer. The exception is if the employer has enough employees to be covered by the ADA and the situation deals with a reasonable accommodation... Read more »
The vote was 4-2 not to retain, with two voting members absent.
answered on Apr 10, 2022
No one can answer your question without having access to the bylaws.
answered on Apr 5, 2022
You are talking about an employment case for which the statute of limitations is 2 years, so your case had to be filed 5-6 years ago.
He used our money for his own purposes & then couldn’t afford to replace it, fed me lie after lie, I chased him down for a year. His dad finally loaned him the money so I wouldn’t press charges. I paid for all materials/labor. Finished the roof a year later Nov 2022. Now he wants to be paid... Read more »
answered on Apr 6, 2022
As usual, Mr. Eisenberg is correct - the contract governs. You state the initial $9k paid was a down payment, but what was the originally agreed-upon price? You also state that you paid for all of the materials. Was that the original understanding or something that you arrived at to get the work... Read more »
Can you legally make me hire from one group and not from all others? If so, please explain to me how this is possible? I have 30 employees in a very diverse group, all nationalities, religions, gender, straight and not. But this new NFL rule has me concerned that in time it will be the government... Read more »
answered on Mar 30, 2022
The US Constitution places limits on government action, not on the conduct of private parties or organizations, such as the NFL. This is a common misconception among laypersons.
they have made it a policy that if vaccinated then you will get paid for being off with COVID and if unvaccinated you will not get paid. I see that as discrimination, that is no different than sexual preferences, race etc.
answered on Mar 3, 2022
There is a big difference between this and sexual preferences, race. Federal law prohibits employment discrimination on the basis of race, sex, age (40+), religion, national origin, or disability. Discrimination on any basis other than against one of those special classes is perfectly legal. As an... Read more »
answered on Feb 24, 2022
Creating a corporation (either under subchapter S or C) or a limited liability company to operate your business is a wise decision for multiple reasons, one of which is the protection of your personal assets. Typically, that means that your personal belongings and similar items could not be sought... Read more »
I know I haven’t been here for a year so they don’t have to give me paid leave and that’s fine but can they honestly fire me for giving birth?
answered on Nov 26, 2021
The short answer is yes and no. It is a violation of the Pregnancy Discrimination Act to discharge someone for giving birth. Still, the act doesn't require an employer to provide any preferential treatment to a pregnant woman. The Family Medical Leave Act (FMLA) is the only job protection... Read more »
Ok. Long story short. Huge order every home game for NFL team. Delivery drivers take the order. I am one. 11 years same company. Many unethical and illegal situations. This is most recent. So there is no confusion ,because the tip is generally a couple hundred dollars, a rotation for delivering was... Read more »
The current property manager clearly has a problem with me as she continually writes me up for ridiculous violations, but doesn't write up other homeowners for the same violations.
The Notice was dated 11/2 and says my lease will expire 11/30, and I have 60 days to leave the premises,... Read more »
answered on Nov 18, 2021
Unless you have a current written lease with a specified term, you are a month-to-month tenant. You indicate that you have lived there for ten (10) years, which suggests that you likely don't have a current written lease agreement. To clarify, I am not talking about a written lease that you... Read more »
I originally was going to rent to this person, but too many lies made me change my mind. I did let him get the electric in his name while many repairs were made that he had agreed to pay for. He never paid for any. I paid him to put the roof on and owed him $300 more, which I told him I would pay... Read more »
answered on Nov 18, 2021
From your description, it appears that this individual was on a month-to-month lease. As such, either of you can terminate the lease at any time upon providing at least thirty (30) days' written notice before the start of the next month. If you provided written notice to this person on... Read more »
Is this a HIPPA violation?
answered on Nov 18, 2021
Laypersons commonly misunderstand HIPAA to have broad application, but that is false. HIPAA doesn't apply to employers generally. It only applies to healthcare providers and those working with or on their behalf (i.e., health insurers, medical records providers, etc.). So, no. Your employer... Read more »
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