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Rhode Island Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Libel & Slander for Rhode Island on
Q: Can I sue for slander/liable/deformation of character?

I wanted to know If I have a potential case. Today I was blindsided completely at work by my supervisor , she told me to meet her in HR at 3pm, she wouldn't tell me why at all. When I got there she told me that this was about something that happened TWO weeks during my shift. This was my first... View More

Neville Bedford
Neville Bedford
answered on May 28, 2016

Know that truth is a defense to these type of allegations(with some exceptions). Don't discuss the case in a public forum. Consult with an attorney in private and see if they will attend whatever hearing your employer may provide. You should have a right to know whom made this allegation(and... View More

1 Answer | Asked in Employment Law and Identity Theft for Rhode Island on
Q: employees for a non profit school, where they were negligent and emailed all w-2 info of employees to phishing scam.

The school apparently was scammed into believing the person requesting all w-2 info was administration. After involving state police have learned it was people in another country. Some employees are already reporting identity theft. I am so afraid that someone out there, knows everything about me... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 5, 2016

Basically, yes, there does have to be damages. At this point, you have no harm besides anxiety.

1 Answer | Asked in Criminal Law and Employment Law for Rhode Island on
Q: I had a felony amended to a misdemeanor by nolo plea. Did I convicted of a felony. Airport runs fingerprint through FBI

I am a construction worker trying to get a security badge to work with my crew at the airport. One of the disqualifying crimes they ask of you have been convicted of is one that's on my background check but shows as amended. I have to fill out the application. Can I say I haven't been... View More

Neville Bedford
Neville Bedford
answered on Feb 10, 2016

You should meet with an attorney and discuss the potential of having that amended charge sealed.

1 Answer | Asked in Employment Law for Rhode Island on
Q: I work for a fast food restaurant and was hired at $11 an hr and for fulltime for manager in training can i sue them?

I told them i was 5 months pregnant and they took away my pay from $11 to $10.25 hr and i was hired at fulltime now to part-time. My hours have completely are cut last week i worked a total of 11 hours and this week a total of 6 hrs. My store manager stated because of the test i have to take in... View More

Neville Bedford
Neville Bedford
answered on Feb 1, 2016

Meet with an employment law attorney to discuss the particulars. They will explain what "at will " means and evaluate your particular situation to examine whether you were terminated for an impermissible purpose.

1 Answer | Asked in Employment Law for Rhode Island on
Q: Are there laws in place that allow me to sue people trying to get me fired if I have evidence?

I'm a General Manager at a well regarded hotel and am currently engaged in a dispute with the Union that represents my employees due to a series of events that were taken out of context. An employee of mine quit for a better job in Boston before eventually coming back. In that time of her... View More

Neville Bedford
Neville Bedford
answered on Dec 10, 2015

Your best course of action is to enlist the aid of an employment law specialist.

1 Answer | Asked in Employment Law for Rhode Island on
Q: Can an employer pay an employee less than minimum wage if the employee agrees VIA contract to accept said less pay?

Throughout the next few months my fraternity is hosting a number of charitable events through a third party corporation sponsor. Some of our members will be working for free and others, those who work more, will be getting paid. However our organization does not have the resources to pay a large... View More

Neville Bedford
Neville Bedford
answered on Dec 10, 2015

Have a look at: http://www.dlt.ri.gov/ls/minwage.htm

1 Answer | Asked in Employment Law for Rhode Island on
Q: Can an armed security guard work a 13 hr shift without a break,,,and return to work 4 hrs later..,Thank You

My son is being forced to work 13 hrs stright without a break.....and has to return to work 4 hrs later with little sleep to work another 10 hrs...I believe there is an office safety issue being armed.

Neville Bedford
Neville Bedford
answered on Aug 24, 2015

This sounds like a good case to discuss in private with an employment law attorney who will help you petition the appropriate regulatory agencies that police this type of misconduct. Have you son call one in the few minutes he is not working or sleeping.

1 Answer | Asked in Employment Law for Rhode Island on
Q: My employer gives their employees 4 personal days off a year. For every one you take you get penalized. Is that legal?
Neville Bedford
Neville Bedford
answered on Aug 24, 2015

This depends on a few factors. Bring your employee manual to an employment law attorney to evaluate the particulars.

1 Answer | Asked in Employment Law for Rhode Island on
Q: To renew my ri pharmacy tech I license do i have to tell the board of health i plead guilty to breathalizer refusal

I was arrested & charged with 1st offense d.u.i in march but they dropped that d.u.i charge in april because i took the breathalizer refusal charge instead because i need to keep my job! My 6 month license loss will be done in sept. I will have no criminal record but the ri department of health... View More

Neville Bedford
Neville Bedford
answered on Dec 10, 2015

http://health.ri.gov/applications/PharmacyTechnician.pdf

Pharmacy Technician I:

• Application Fee - $

25

.00

1. Good moral character;

2. 18 years of age or older (with the exception of those high school students working in...
View More

1 Answer | Asked in Employment Law for Rhode Island on
Q: I am a teacher with a union and I am going to a hearing can I bring in a private lawyer?

The union is supplying a lawyer but is not doing any preparation for the hearing and therefore I would like to be fully prepared and would like to seek my own council.

Neville Bedford
Neville Bedford
answered on Mar 27, 2015

You are free to select, and retain, any representative you choose, feel comfortable with, whom agrees to represent you unless your collective bargaining agreement/contract says otherwise(but that may be a violation of your right to select an attorney of your own choosing).

2 Answers | Asked in Employment Law for Rhode Island on
Q: if someone was charged with a crime and went to court and everything was disposed of can employer hold it against you

they went on line under court documents and said they needed a bci check before you can continue to work here after working there for 11 years

Bernard P. Healy
Bernard P. Healy
answered on Jan 27, 2015

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... View More

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1 Answer | Asked in Employment Law for Rhode Island on
Q: Can I sue for defamation and/or unlawful termination of employment?

I was hired by a well-known insurance company in May. They paid to have me licensed throughout the US for Property and Casualty insurance. Part of the licensing process involved a uniform application that asked questions about previous convictions. The company has a department that specifically... View More

Bernard P. Healy
Bernard P. Healy
answered on Jan 21, 2015

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... View More

1 Answer | Asked in Employment Law for Rhode Island on
Q: if u were overpaid @ work in 2006-2009 can u get arrested or what will happen 2 u ?
Neville Bedford
Neville Bedford
answered on Nov 30, 2014

That depends on whom your employer is - what there policies are AND why you were overpaid - mistake - embezzlement - etc. Discuss this in a private meeting with an attorney in your area - NOT on the OPEN internet.

1 Answer | Asked in Employment Law for Rhode Island on
Q: Can a salary employee that had an accident outside of work & doesnt have a note from doc. tell you he cant work 40hrs?

employee has been with company for more than 5 years and has PTO yet does not want to use the PTO., has had attendence issues before. Can I demote him to hourly or fire him?

Neville Bedford
Neville Bedford
answered on Jun 11, 2014

Consult with your counsel to review the status of the employee -at will etc and get advice before potentially committing a wrongful termination and possibly exposing your company to liability.

1 Answer | Asked in Employment Law for Rhode Island on
Q: QUESTION: should a person go back working with an employerThat is being sued?

I am contacting you for some information to see if I have a possible case

Against my previous employer. On March 17 I was terminated from my job

For positive drug testing result. I explained to the testing lab

And my employer that was not doing any drugs, alcohol or... View More

Neville Bedford
Neville Bedford
answered on May 14, 2014

This is a great question to discuss with your lawyer who presumably is bringing the lawsuit. If you can find work elsewhere, that might be a best first option.If you can't, talk to your employer. Perhaps it may be negotiated as part of the settlement.

1 Answer | Asked in Employment Law for Rhode Island on
Q: Can any attorney file a case in federal court?My company is in recivership& i have a right to sue EEOC&cobra violation

Is federal court better than state because of recivership ?Specialmaster won't negotiate all discrimination occurred prior to recivership

Neville Bedford
Neville Bedford
answered on Jan 21, 2013

Only an attorney admitted to practice before a particular court may file a complaint in that court unless they are admitted by a special procedure known as pro hac vice (for this occasion only). The Federal Court is more costly, generally speaking, and does have jurisdiction over federal statutory... View More

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