Questions Answered by Bernard P. Healy

Q: Can a supervisor allow only 2 out of 3 employees the opportunity to work Overtime? all 3 are members of Laborers union

1 Answer | Asked in Employment Discrimination, Employment Law, Civil Rights and Libel & Slander for Rhode Island on
Answered on Mar 3, 2018
Bernard P. Healy's answer
I do not have sufficient information to answer this completely or with true accuracy. Under Federal and Rhode Island Law, a supervisor cannot discriminate against employees for certain reasons. Those reasons are race, gender, age, disability, perceived disability, ethnic background, religious affiliation, etc. If you are being passed over for over time secondary to these types of discrimination, you have a remedy you can pursue either in Court or at the Rhode Island Commission for Human Rights....

Q: Can police still issue citation after over a month of not contacting us about incident?

1 Answer | Asked in Civil Rights, Constitutional Law and Traffic Tickets for Rhode Island on
Answered on Mar 3, 2018
Bernard P. Healy's answer
I do not have sufficient information to answer this question fully or accurately. I think the answer is not one you will want hear. The Police can issue a citation after over a month, despite not contacting you earlier. You mentioned that this was a single car collision. Did the police arrive at the scene ? Was a report initially filed ? Was there a question regarding insurance coverage ? It is not at all unusual for the police to issue a citation several months after a collision for failure...

Q: How can a member of a Laborers union fight against being wrongfully terminated due to nepotism by the union steward??

1 Answer | Asked in Employment Discrimination, Sexual Harassment, Contracts and Employment Law for Rhode Island on
Answered on Mar 3, 2018
Bernard P. Healy's answer
I do not have sufficient information to answer this question fully or accurately. Let me give you my initial impressions. I assume you are a member of a Laborers Union which has assigned you for many years to a specific business. You have apparently performed your job well and you are being forced out of your position because the union steward wants a relation of his to fill that position.

While discrimination is barred under many State and Federal Laws, including Rhode Island's Fair...

Q: i suffer from major depression, anxiety, bipolar, manic and so on i have hospitalized several times had ECT treatments

1 Answer | Asked in Employment Law for Rhode Island on
Answered on Mar 3, 2018
Bernard P. Healy's answer
I do not have specific information to respond fully to your question. Since you have been receiving SSDI since 2006, I assume that you took your early pension at approximately that time. Since this was an employment related benefit, the governing Law was probably Federal, the Employee Retirement Income Security Act. At this point, more than 10 years later, the likelihood of your reversing that assignment is slim to none.

Q: as a plantif can i just end a civil suit

1 Answer | Asked in Personal Injury for Rhode Island on
Answered on Jan 27, 2015
Bernard P. Healy's answer
Yes. You can withdraw your application for disability benefits at any time.

Q: if someone was charged with a crime and went to court and everything was disposed of can employer hold it against you

2 Answers | Asked in Employment Law for Rhode Island on
Answered on Jan 27, 2015
Bernard P. Healy's answer
You probably pled guilty or nolo contendere when you disposed of the case. You are probably an "employee at will" and your employer can discharge you for that long ago criminal conviction. While this can be very unfair your employer's actions are not illegal unless the real motivation was discriminatory.

Q: I've been out on comp for 2 months everything was fine but i got a call today from the case nurse manager and she wants

1 Answer | Asked in Workers' Compensation for Rhode Island on
Answered on Jan 27, 2015
Bernard P. Healy's answer
It is not unusual for the Workers Compensation Insurer to assign a nurse practitioner to an injury case like your. Sometimes the nurse practitioner can be helpful. Always keep in mind that she is an agent and probably an employee of the insurer. The practitioner's ultimate loyalty will be to the insurer.

You dont have to agree to the practitioner's involvement in the case. The company has no right to have her involved in your case. If you initially agree to her involvement you can...

Q: Can I sue for defamation and/or unlawful termination of employment?

1 Answer | Asked in Employment Law for Rhode Island on
Answered on Jan 21, 2015
Bernard P. Healy's answer
Response: I do not think that you had a written contract of employment with the insurance company so you probably can not sue, under Rhode Island law, for unlawful termination. A defamation lawsuit is certainly possible. To prevail, the burden would be upon you to prove the insurance company libeled you when it sent correspondence to other states where you are licensed that you had fraudulently answered the question regarding criminal convictions. You state in your details that the charge...

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.