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Employment Law Questions & Answers
Q: can i collect unpaid wages from when i was a stripper?
Mr. Michael O. Stevens' answer
You need an employment law attorney, preferably one who has handled these types of claims against strip clubs. However, keep in mind the statute of limitations has limits as to how far back you can get wages back, so act quickly.
You need an employment law attorney, preferably one who has handled these types of claims against strip clubs. However, keep in mind the statute of limitations has limits as to how far back you can get wages back, so act quickly.
Q: Does an employer have a right to terminated your employer due to unsatisfactory work performance and gender?
Ali Shahrestani, Esq.'s answer
It's illegal to discriminate based on gender, but I'm not sure I hear evidence relating to that in your question. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law:...
It's illegal to discriminate based on gender, but I'm not sure I hear evidence relating to that in your question. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law:...
Q: Signed a contract with wedding planner for an amount, she didn't do good job, can we insist to pay on first agreed pay?
1 Answer
| Asked
in
Business Law, Contracts and Employment Law
for
Massachusetts
on
Answered on Jan 22, 2019
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
You might have a basis for contesting her fees, e.g., breach of contract by failure to perform her agreed duties. It's key to review the contract and all the related facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law...
You might have a basis for contesting her fees, e.g., breach of contract by failure to perform her agreed duties. It's key to review the contract and all the related facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law...
Q: How restrictive is non-solicitation contract language as a marketing professional moving from full-time to independent?
Ali Shahrestani, Esq.'s answer
Employees cannot violate the Intellectual Property rights of the company, including using any company client lists in their own professional pursuits. As for limitations on the non-compete clause, that depends on the facts, e.g., when it was signed, consideration received in exchange, time/ geography limits, and other factors. See: https://www.mass.gov/info-details/massachusetts-law-about-noncompetition-agreements. More details are necessary to provide a professional analysis of your issue. The...
Employees cannot violate the Intellectual Property rights of the company, including using any company client lists in their own professional pursuits. As for limitations on the non-compete clause, that depends on the facts, e.g., when it was signed, consideration received in exchange, time/ geography limits, and other factors. See: https://www.mass.gov/info-details/massachusetts-law-about-noncompetition-agreements. More details are necessary to provide a professional analysis of your issue. The...
Q: My tuition remission was revoked when my dad was suddenly laid off. Without it, I will drop out of school. What can I do
1 Answer
| Asked
in
Education Law, Contracts, Employment Law and Employment Discrimination
for
Massachusetts
on
Answered on Jan 22, 2019
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
Perhaps your father might have a basis for an employment law complaint, but that really depends on the facts leading to his termination. Also it would be useful to know when your remission was cut off - mid year or after the full year, as well as the contractual terms of the remission benefits. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials,...
Perhaps your father might have a basis for an employment law complaint, but that really depends on the facts leading to his termination. Also it would be useful to know when your remission was cut off - mid year or after the full year, as well as the contractual terms of the remission benefits. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials,...
Q: After 4yrs of emply + w/out warning, I was told to resign or b/fired. I also believe there might be reverse discrimation
Mitchell Feldman's answer
Not enough facts here to provide any basis to believe there is anything unlawful about your termination. As to reverse discrimination, if that's your belief, then you should discuss the facts and information with an attorney and seek legal advice.
Not enough facts here to provide any basis to believe there is anything unlawful about your termination. As to reverse discrimination, if that's your belief, then you should discuss the facts and information with an attorney and seek legal advice.
Q: Quit on 2/19/18 because of retaliation (whistleblowing & workers comp) and gender discrimination. Is it too late to sue
2 Answers
| Asked
in
Employment Discrimination, Employment Law and Workers' Compensation
for
California
on
Answered on Jan 22, 2019
Answered on Jan 22, 2019
Ronald Mahurin's answer
It is too late to proceed with a discrimination claim before the WCAB, However, you can still file a claim for WC benefits. The civil statute is longer, so you should be able to proceed with a claim in the civil courts.
It is too late to proceed with a discrimination claim before the WCAB, However, you can still file a claim for WC benefits. The civil statute is longer, so you should be able to proceed with a claim in the civil courts.
Q: What restrictions are there for Employment based Green Card holder to additionally invest into Stocks or Real Estate?
1 Answer
| Asked
in
Employment Law, Real Estate Law and Immigration Law
for
New York
on
Answered on Jan 22, 2019
Answered on Jan 22, 2019
Kelli Y Allen's answer
From an immigration law standpoint, as long as you are not doing anything to earn the income, you're fine. So you can own property, invest in stocks, etc. but you can't be "working".
From an immigration law standpoint, as long as you are not doing anything to earn the income, you're fine. So you can own property, invest in stocks, etc. but you can't be "working".
Q: Can an Oregon employer put a pay range on a job posting they cannot pay? (ie $17 to $25/hr but they can only pay $17)
Mr. Michael O. Stevens' answer
Yes. Of course, you don't have to take the job if you were expecting more.
Yes. Of course, you don't have to take the job if you were expecting more.
Q: Im having issuese with pay and placement with the security company called securitas in los angeles
2 Answers
| Asked
in
Employment Discrimination, Employment Law, Securities Law and Workers' Compensation
for
California
on
Answered on Jan 21, 2019
Answered on Jan 21, 2019
Ronald Mahurin's answer
Unfortunately this is not a workers comp question. I tried to find a way to flag the questions, but there were no options. You need to post in employment law. There is no remedy in workers comp. for what you have described.
Unfortunately this is not a workers comp question. I tried to find a way to flag the questions, but there were no options. You need to post in employment law. There is no remedy in workers comp. for what you have described.
Q: Good morning. My job was closed December 31st 2018 at Rush University Medical Center where I was employed for 10 years.
James G. Ahlberg's answer
It's hard to give you a solid answer without reviewing the documents you have. I encourage you to have your documents reviewed by a lawyer practicing in the field of employment law (not labor law, which deals with union-management issues, unless you were a union member) to assist you. Employment law covers pretty much everything employee related other than union-management situations.
It's hard to give you a solid answer without reviewing the documents you have. I encourage you to have your documents reviewed by a lawyer practicing in the field of employment law (not labor law, which deals with union-management issues, unless you were a union member) to assist you. Employment law covers pretty much everything employee related other than union-management situations.
Q: Is it legal to have audio surveillance at a restaurant?
1 Answer
| Asked
in
Employment Law, Communications Law and Federal Crimes
for
Oregon
on
Answered on Jan 18, 2019
Answered on Jan 18, 2019
Mr. Michael O. Stevens' answer
If everyone was told they were recording yes, otherwise it is illegal to recover conversations in Oregon without the consent of all parties, implied or otherwise.
If everyone was told they were recording yes, otherwise it is illegal to recover conversations in Oregon without the consent of all parties, implied or otherwise.
Q: Some Federal employees are called to work without pay during the shutdown. Is this a violation of the 13th Amendment?
1 Answer
| Asked
in
Employment Law, Gov & Administrative Law and Constitutional Law
for
Florida
on
Answered on Jan 17, 2019
Answered on Jan 17, 2019
Charles M. Baron's answer
Good question - it's an issue that should be researched to see if it has ever been raised in any court, and if so, the outcome. My educated guess, though, is that a court would not find it to be a violation of the 13th Amendment because the workers are not working for ZERO wages, they're working for POSTPONED wages. But at SOME point, there would be a good argument that postponement for X period of time, with absolutely no end in sight, is the constitutional equivalent of slavery!
Good question - it's an issue that should be researched to see if it has ever been raised in any court, and if so, the outcome. My educated guess, though, is that a court would not find it to be a violation of the 13th Amendment because the workers are not working for ZERO wages, they're working for POSTPONED wages. But at SOME point, there would be a good argument that postponement for X period of time, with absolutely no end in sight, is the constitutional equivalent of slavery!
Q: Were there cases of conflict of interest but waived of when it was proved otherwise.
1 Answer
| Asked
in
Consumer Law, Contracts, Criminal Law and Employment Law
on
Answered on Jan 17, 2019
Answered on Jan 17, 2019
Timur Akpinar's answer
There could be, but in modern day practice, most law offices are unwilling to take on representation that could carry even the potential for, or appearance of a conflict. If a matter involves multiple plaintiffs and defendants, most offices aren't going to take the chance that a conflict could eventually disappear as a result of a change in circumstances of the interests among multiple parties.
Tim Akpinar
There could be, but in modern day practice, most law offices are unwilling to take on representation that could carry even the potential for, or appearance of a conflict. If a matter involves multiple plaintiffs and defendants, most offices aren't going to take the chance that a conflict could eventually disappear as a result of a change in circumstances of the interests among multiple parties.
Tim Akpinar
Q: How many days do they have to file a seizure of property from the day they took the property in the state of Alabama
1 Answer
| Asked
in
Criminal Law, Employment Law, Child Custody and Child Support
for
Florida
on
Answered on Jan 17, 2019
Answered on Jan 17, 2019
Terrence H Thorgaard's answer
You might want to rephrase your question so that it can be understood (Who took what kind of property? Did they take it pursuant to a court order or as a secured party? And what do you mean by "file a seizure of property"?) , and ask it in Justia › Ask a Lawyer › Alabama ›, because it appears to relate to the law of that state.
You might want to rephrase your question so that it can be understood (Who took what kind of property? Did they take it pursuant to a court order or as a secured party? And what do you mean by "file a seizure of property"?) , and ask it in Justia › Ask a Lawyer › Alabama ›, because it appears to relate to the law of that state.
Q: how does COLA apply to life pension at 75% disability rating ?
2 Answers
| Asked
in
Employment Law and Workers' Compensation
for
California
on
Answered on Jan 16, 2019
Answered on Jan 16, 2019
Steven James Foster's answer
Unfortunately, COLAs only apply to Injuries occurring on or after 01/01/2003. A 1999 injury would not have a COLA.
Unfortunately, COLAs only apply to Injuries occurring on or after 01/01/2003. A 1999 injury would not have a COLA.
Q: Can an organization release a current employee because they want to hire the previous one instead?
Cary B. Hall's answer
Yes, unless you had some written employment contract which promises you employment for a particular length of time. My guess is that there is no such contract, and so your employer can terminate you "at will."
You would, however, be eligible for unemployment compensation, and you can apply for that online through the Department of Labor and Industry. If you haven't already, I suggest you do so today.
Best of luck to you.
Yes, unless you had some written employment contract which promises you employment for a particular length of time. My guess is that there is no such contract, and so your employer can terminate you "at will."
You would, however, be eligible for unemployment compensation, and you can apply for that online through the Department of Labor and Industry. If you haven't already, I suggest you do so today.
Best of luck to you.
Q: If I signed a non compete contract for a business in Minnesota, is it still valid if I move to North Dakota?
Lucas Wynne's answer
Firstly, some noncompete contracts are invalid as a matter of law and not worth the paper they’re written on. Secondly, no attorney can answer this question without actually seeing the contract. If I were you, I would bring the contract to an attorney, pay them a basic fee to review and issue you an opinion.
Firstly, some noncompete contracts are invalid as a matter of law and not worth the paper they’re written on. Secondly, no attorney can answer this question without actually seeing the contract. If I were you, I would bring the contract to an attorney, pay them a basic fee to review and issue you an opinion.
Q: I’m pending chapter , however my ets date is coming up can I still ets ? I was told I can’t but my leadership I feel lie
Robert Donald Gifford II's answer
You are likely "flagged" and will be prevented from ETS'ing normally until your chapter paperwork is processed.
You are likely "flagged" and will be prevented from ETS'ing normally until your chapter paperwork is processed.
Q: Was injured at Walmart while working for them just recently. 4 days ago let H R know about losing feeling in both hands
3 Answers
| Asked
in
Employment Discrimination, Employment Law, Personal Injury and Civil Rights
for
South Carolina
on
Answered on Jan 15, 2019
Answered on Jan 15, 2019
Timur Akpinar's answer
Try additionally reposting your question in the Workers' Compensation section. Hopefully one of the experienced attorneys in that category could pick up the question.
Tim Akpinar
Try additionally reposting your question in the Workers' Compensation section. Hopefully one of the experienced attorneys in that category could pick up the question.
Tim Akpinar
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