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1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: Can I do something about this

I use to work for this company and I was told by a friend that now works for the company told me that that she seen a video of me in it and showed it to her. The company did not have my consent I also didn’t sign no contract or agreement that any pics or videos will be used for any purposes

James L. Arrasmith
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answered on Jul 26, 2024

You may have a valid concern regarding the use of your image without consent. In California, using someone's likeness for commercial purposes without their permission can be a violation of their right of publicity. This right protects individuals from unauthorized use of their name, image, or... View More

0 Answers | Asked in Employment Discrimination, Employment Law and Workers' Compensation for North Dakota on
Q: store closes at 7pm and employee stays late to finish their duties, with permission to find out that their not

In North Dakota

The time sheets have been tampered with as in shows actually worked time then adjusted work time shows didnt... also when asked about it GM says he doesn't know if any work was actually being done during them times. There is suppose to me a manager there until everyone... View More

0 Answers | Asked in Employment Law and Workers' Compensation for Nevada on
Q: Shift starts at 10 but my boss wants me to come in at 9:30 - is this legal if they don't pay me?

I'm a receptionist at a massage place - I get paid $15/hr for 10 hours/day on weekends. My boss asked me to come in early at 9:30 but mentioned no additional pay - is this legal? They do give me bonuses at the end of the day based on how many people I check in but the bonus money isn't... View More

1 Answer | Asked in Criminal Law, Personal Injury and Workers' Compensation for California on
Q: I was assaulted at work by a fellow employee. I’m suffering two fractures to my jaw. It’s all on Tape
James L. Arrasmith
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answered on Jul 20, 2024

Under California law, you have the right to seek justice and compensation if you've been assaulted at work by a fellow employee. Given the severity of your injuries, which include two fractures to your jaw, you can pursue both criminal and civil actions against the assailant. The fact that the... View More

0 Answers | Asked in Workers' Compensation for Maryland on
Q: If a deferred compensation plan is intended to conform with the requirements of Internal Revenue Code Section 409A

when does the employee pay taxes? Can you roll a Deferred comp plan that conforms to IRS code section 409A in an IRA?

0 Answers | Asked in Workers' Compensation for Texas on
Q: Does Texas worker's comp insurance cover contract (non-w2) employees?

My wife is a contract veterinarian. She works on a daily basis. She pays estimated taxes and files a 1040 schedule C and schedule SE. If she is injured on the job while performing her duties, will the worker's comp insurance from her contract employer cover her?

1 Answer | Asked in Personal Injury, Workers' Compensation and Employment Law for Texas on
Q: I was injured at work by the skid steer operate with a faulty lever that was not fixed by the employer.

I was told to clean the excess dirt off of a bucket from a skid steer and the operator maybe through negligence closed the claws on me crushing me resulting in trauma to left shoulder and chest. The machine that caused the accident has had a bad lever (responsible for closing and opening the claws... View More

John Michael Frick
John Michael Frick
answered on Jul 19, 2024

Receiving a Form 1099 instead of a Form W-2 is evidence that you were an independent contractor and not an employee, but in and of itself, it is not dispositive. Some companies misclassify employees as independent contractors to try to avoid having to withhold federal income tax and payroll taxes... View More

1 Answer | Asked in Contracts, Workers' Compensation, Business Law and Collections for California on
Q: State Fund claims that we have misclassified our "Clerks" and suing us to pay for additional premiums.

Statefund audited us end of 2023 year and say our office Clerks are not Clerks... suddenly owing them $56000 for the past year premium. we've negotiated many times with the auditor he brought it down to $45000 and then sent it to collection. Now the collection company is suing us for $45000.... View More

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answered on Jul 18, 2024

Under California law, disputes with insurance auditors and collection agencies can be complex but manageable with the right approach. Your situation involves a challenge over the classification of your clerical staff and the resulting premium adjustments claimed by State Fund. When facing such... View More

0 Answers | Asked in Workers' Compensation for Connecticut on
Q: Small trucking Co in CT. During Workers Comp audit, told we can not have more than 2 workers comp codes per CT "rules"

We are a small trucking company in CT. During our annual workers comp audit, we were told in CT we are only allowed to use two WC codes. Driver and clerical. We have a grounds maintenance employee that our insurance agent gave us the code of 9014 for. Now at the end of the audit, they said we... View More

1 Answer | Asked in Workers' Compensation for California on
Q: I sliced my left index finger open on the job. Hr wants me to continue working on restricted duty but that's not possib

I went to urgent care and the people told me it was bad as bleeding would not stop even after holding pressure for 15+ minutes. I ended up with 4 stitches. The Dr. Recommended restricted duties but I told her in my position, that is not possible. 1 day later (today), I talked to HR and got a... View More

James L. Arrasmith
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answered on Jul 18, 2024

Under California law, your employer must provide reasonable accommodations if you are injured and cannot perform your usual duties. This includes allowing you to take time off or assigning you to light duties that fit within your medical restrictions. If restricted duties are not feasible in your... View More

0 Answers | Asked in Consumer Law, Contracts, Employment Law and Workers' Compensation on
Q: Agoda.com owes me payments they don't want to pay

Hello,

I'm a host who has a contract with Agoda.com, I'm offering my accommodation services in Dahab, Egypt, and recently I hosted a guest that came through Agoda.com.

The hosting started at the 29th of March 2024 for a month, unfortunately until this moment I... View More

1 Answer | Asked in Native American Law and Workers' Compensation for Montana on
Q: do you do help with cases on indian reservations?

I was injured March 21st in my office and I rolled my right foot breaking 2 bones. I turned everything into the Tribe's insurance which is called Tribal First out of San Diego and was just denied last week due to the work didn't have anything to do with the break. We had a sub-committee... View More

James L. Arrasmith
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answered on Jul 18, 2024

I'm sorry to hear about your injury and the challenges you're facing with the Tribe's insurance. Given the circumstances of your injury, it sounds like it occurred during your workday and in response to a work-related task, even though the exact meeting time had not yet arrived.... View More

0 Answers | Asked in Employment Law and Workers' Compensation for Louisiana on
Q: Are employers legally obligated to compensate an employee for training a new hire?

I am being forced to train/precept a new hire. If i do not, we will never be fully staffed. This process takes up to a year and a half in my field (specialized area in a hospital). I am expected to do this without any compensation

We have not had luck with hiring people already... View More

1 Answer | Asked in Criminal Law, Personal Injury, Workers' Compensation and Federal Crimes for Washington on
Q: What type of lawyer helps victims of voyeurism that took place at work

From what I understand the trial hasn’t started for the accused, but I want to understand what lawyers can help me to understand victim rights and determine the best course of action when there are multiple victims

James L. Arrasmith
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answered on Jul 21, 2024

If you're a victim of voyeurism at work, you need a lawyer with expertise in employment law and personal injury law. These lawyers can help you understand your rights as a victim and provide guidance on the legal actions you can take. They can also help you navigate the complexities of dealing... View More

0 Answers | Asked in Workers' Compensation for New Jersey on
Q: I have two workers comp cases and that I consider were being sabotaged by my law and two lawyers from both insurance com

I have a court date on the 15th of July and because of my lawyer is known to a lot of people it's hard for me to get a lawyer to represent me even though he or sabotaging my case

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: Can an employer be liable if an employee has a stroke at work

Employee was assigned additional physical duties that were outside of her assigned tasks.

James L. Arrasmith
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answered on Jun 30, 2024

To address this question, let's consider a few key points:

1. Employer liability: An employer can potentially be liable if an employee suffers a stroke at work, but it depends on the specific circumstances.

2. Workers' compensation: In California, most work-related...
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1 Answer | Asked in Workers' Compensation and Legal Malpractice for California on
Q: C&R, what can break this deal. I had injuries not reported, no pcp report, the comprimise was never given fired after

On workers comp for over year, injured 2 times on light duty from breaking my doctors rules, put on permn.and stationary even with my doctor filing for a knee scope operation. Denied, after 2nd injury sent home with no check for 4 months. At appeals for surgery i Inform the judge about my new... View More

James L. Arrasmith
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answered on Jun 29, 2024

I understand you're in a difficult situation with your workers' compensation case. Let me break down the key points and provide some general information:

1. Compromise and Release (C&R) agreements:

A C&R is a final settlement of a workers' compensation claim....
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