A retirement pension fund issue appears to fall under the Employee Retirement Income Security Act of 1974, also known as "ERISA". Some of us have successfully fought on behalf of employees facing reduced severance pay. Employers sometimes allege breaks in continuous services by employees....Read more »
Even though it's a department of education school and the department of Ed is accommodating teachers, my job is not taking my request seriously nor are they willing to make any accommodation for my religious practice. I was told I would be placed on unpaid leave with no regard to my request... Read more »
Your question does not indicate what your religious accommodation request is. Whether your employer's decision to place you on an unpaid leave is unlawful depends on your accommodation request, whether your request eliminates one of the essential functions of your job, and/or causes your...Read more »
How do I take my workers compensation case to the Supreme Court? Workers compensation denied my financial benefit because I was force to quit my job due to my injury at work. I got ran over by a garbage truck while working and I had no support in the city I was living in so I had no choice but to... Read more »
This sounds like a very thick and complex file, and one that could involve multiple attorneys - workers' comp, disability, and depending on the role of the truck, possibly third-party action(s). Based on the serious injuries you describe in terms of five screws, you may want to discuss this in...Read more »
Employment applications are invitations to be considered for employment. They are not contracts nor do they guarantee that someone will be considered for a job. Many require certifications that accurate, complete, and truthful information is being provided under penalties of perjury.
If that is the case, and it can be proven or argued , it would go to surpressing any statements (keeping those statements out of evidence and not used against him) he made and be argued in legal docs called motions.
Depending on the case, one can still be convicted without their own...Read more »
My father passed away and I became one of the inheritors of the house but the other inheritors and I haven't totally abandoned I try my best to work with my brothers and sisters the other inheritors and his wife no one wants to budge so now I'm thinking about invading putting the property... Read more »
I'm sorry for the loss of your father. In terms of seeking out attorneys who could assist you, this isn't really a constitutional law matter. You need to reach out to attorneys in the Probate and Estate Planning sections, or you could repost under those sections. Speak with an attorney...Read more »
I went there to bring her home because she's a minor there. Police & all, she's not rational & the mom there never advised she was there. If 18 is a minor why couldn't she come with me as I'm her mother?
I have applied to University during Covid and got a Conditional Offer right away. In order to get CAS(letter of acceptance ) I had to meet all the conditions. During four months University kept asking me for more and more information and I provided them all. I got an answer that I almost got in the... Read more »
I'm sorry for your ordeal. Unfortunately, I don't believe you would have a cause of action for emotional distress, which is generally based more on intentional or reckless conduct that is outrageous on the part of the wrongdoer. But you could present the facts to other attorneys for their...Read more »
Can any mass of people congregate in a public park, setup some speakers and listen to an orator speak about politics, for example? Is this protected by the right to peaceful assembly? I'm talking about non-pandemic times, btw. Thanks for any help provided.
This is something that a constitutional law scholar would know best. It sounds like you are touching upon the time, place, manner attributes of the First Amendment. It would be safest to contact agencies or offices within the City of New York to verify these guidelines - it's possible they...Read more »
I have an 8 year old daughter. Her mother and her partner are reckless about COVID-19 infection, attending protests, traveling on airlines, not wearing masks, not using sanitizer etc. By contrast, I have protected my daughter with every measure possible... Read more »
It's an important right provided by the First Amendment and corporations can also enjoy those rights. It is not an absolute right. There are limitations, such as fighting words, defamation, obscenity, false advertising, and others. Good luck
One or two bully relatives in Camuy Puerto Rico, not heirs, invaded and started to build on land that belong to disable senior heirs w/out their permissions; Three of the heirs died, one lives in NY, and the other 2 seniors own homes and lived on that land for years. Eventhough the senior heirs... Read more »
Yes, it's likely they can refuse to sell because they are not a protected class under Federal, State, or Local Law. If they are already in contract this would be a different story depending on the contract. You can check the AG's website for more information....Read more »
When I was brought back to the police headquarters the officer instructed me to look at the wall. NOTE: I was not given a clear and unequivocal warning that a chemical test was being performed and the consequences of not performing the test.
With that said, I replied to him, "look at... Read more »
My son is on probation. He was scheduled to appear for violating his probation. I let him borrow my vehicle to get there. He showed up at the correct place, date, and time. While there he was arrested and bail set for violating probation. The probation officer was not there and instructed the... Read more »
My landlord/owner of the house I'm renting the basement opened my locked door while I was changing, walked right in. I did not pay rent for July ($200, verbal agreement to pay by the last day of each month) and was given a notice to pay within 2 weeks or vacate the premises. However, they made... Read more »
From the description of your living arrangements, I suspect that the unit is not "legal". As a result you may have defenses to claims for unpaid rent. However, unless you have a lease or are rent-regulated, provided the proper court process is commenced, the landlord will ultimately be...Read more »
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