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I was taken out of work by my neurologist on March 19th due to illness, and a request was submitted for disability paperwork. My doctors provided the information, which my employer insisted on submitting on my behalf. They submitted it on March 28th, after calling me and terminating my employment,... View More 
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answered on Apr 18, 2025
It depends on more detailed facts. You state "in your state" which implies that you may have performed work in a state outside New York. We are licensed in New York and each state has unique labor laws which are at least to federal standards and most go beyond federal law coverage. There... View More
My adult son was involved in a serious accident, and he was the only one injured. When I visited the hospital, I was told he was in custody and I couldn't see him or get updates. The police don't have him booked, and it's been a week without any information. The hospital said his... View More
answered on Apr 18, 2025
First, you should submit a formal written request to the hospital for information about your son’s condition and status. Under California Health and Safety Code § 4717, hospitals are obligated to attempt contact with a patient’s next of kin or designated representative within 24 hours if the... View More
I have been working for RV Trader as a sales representative for 14 years. I do not have a signed non-compete agreement or any other written contracts restricting customer contact or competition. I am considering a position with a competing company. Under Section 16600, what restrictions might apply... View More
answered on Apr 17, 2025
The only restrictions that might apply to you is violation of trade secret laws. You are allowed to freely compete with a prior employer as long as you do not take work product that would qualify as trade secrets. If you signed a confidentiality provision, then you might also be limited by the... View More
I'm seeking legal advice regarding my employer's failure to pay me. I have been waiting for over two months to receive my earnings, which total over $2000. I did receive a partial payment on April 1 but was not paid for that day's work. My employer claims they haven't received... View More
answered on Apr 17, 2025
In MA, if an employer does not pay wages to their employee when due, the employee is entitled to triple the amount of wages that are past due. Look into the MA wage act. They are also not allowed to fire you for pursuing your legal right to back pay, since that is a separate violation. Before you... View More
On March 13, while riding my motorcycle home from work, I was involved in an accident where an oncoming vehicle made an illegal left turn in front of me, leading to a broken pelvis, emergency surgery, and a two-week hospital stay. During my recovery, I stayed in touch with my boss and coworkers,... View More
answered on Apr 19, 2025
No. At best you are an at-will employee and can be terminated for almost any reason. But, the facts you described do not even make you an at-will employee. You are an independent contractor, which means you do not work for the company who was paying you. You contracted like any other vendor. You... View More
I live and work in North Carolina, and my employer, who owns the company, often contacts me outside of work hours to criticize my sexuality, sending me messages such as a link to a Facebook article on "how to stop being gay." I have saved these text messages. To my knowledge, there is no... View More
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answered on Apr 16, 2025
Kirk is completely correct in his answer. Just providing a little additional color.
In North Carolina, workplace harassment based on sexual orientation may be actionable under certain circumstances. While North Carolina does not have a state law that explicitly prohibits discrimination... View More
I have had a Final Restraining Order (FRO) against me by my wife for 35 days during an ongoing 8-month divorce process. I am a law enforcement officer with 9 years of experience and the primary health insurance provider for my family. I received the FRO after a TRO hearing regarding turning off her... View More
answered on Apr 15, 2025
Anyone telling you that you are going to get a Carfagno hearing on dismissal of the FRO against you in the past year is pulling your leg or worse. What I dont understand is why are you telling me about the underlying reason for the issuance of the FRO (turning off her cell phone)?
You went... View More
I recently quit a job where I had a company card and agreed that I owe the company money. They want me to admit negligence for them to deduct the amount from my final paycheck, stating it would protect me legally. I have documentation for what I owe but haven't consulted a legal advisor yet.... View More
answered on Apr 14, 2025
If you authorize the deduction of the inaccurate expense reimbursement in writing based on a inadvertent mistake, they get the money and it will be very unlikely to affect your future employment anywhere else. You do not have to agree to the term negligence. The key is that intentional misconduct... View More
I joined Amazon in a warehouse position when I was six months pregnant in September 2023. Despite having a doctor's note restricting me to 8-hour shifts and limiting heavy lifting, my manager and HR team did not adjust my schedule, and I worked 12-hour shifts with heavy lifting and stair... View More
answered on Apr 19, 2025
First, put your concerns in writing to HR so there is a record of your concerns. it is often easier to win retaliation and whistleblower complaints than discrimination claims. Further, the complaint will be key evidence for your claim. It should include a chronology of events and attach any... View More
I have a recent criminal case involving Norco from three months ago. The court has recommended six months of rehab, but I am unable to commit to that due to my busy schedule. I am also in the process of obtaining a pharmacy technician license and a guard card, and I need this record resolved or... View More
answered on Apr 15, 2025
You may explore alternatives to the rehab requirement, as § 11550 permits courts to consider licensed drug rehabilitation programs in lieu of incarceration, potentially including outpatient or shorter-term options that align with your busy schedule (§ 11550; § 1210.1). Demonstrating your... View More
During my three years at my job, I was terminated by a new manager who expressed distrust after I used a company truck due to my personal vehicle breaking down. I suspect the real reason for my termination was that she wanted her husband to take over my job, as he was on-site the day after my... View More
answered on Apr 12, 2025
Yes of course you should. When a company is playing games back and forth with pay there’s likely a pay violation and with investigating.
If you are switched Ware, you were a salaried employee and working overtime and then flipped to a non-exempt hourly employee then clearly there may be... View More
How should I proceed after receiving a voicemail about a summons under case number 2025275717, considering I haven't received any official documentation? Additionally, I am retired and experiencing financial hardship, and need to find a lawyer who can provide services assuming I can’t pay for it.
answered on Apr 11, 2025
First, a voicemail has no legal effect. You have no legal duty to do anything unless you are properly served with the proper paperwork.
Second, assuming the proper terminology is used, a Summons is usually a document used to start a lawsuit and is accompanied by the Complaint that tells... View More
How should I proceed after receiving a voicemail about a summons under case number 2025275717, considering I haven't received any official documentation? Additionally, I am retired and experiencing financial hardship, and need to find a lawyer who can provide services assuming I can’t pay for it.
answered on Apr 11, 2025
Summons are not served by voicemail. It is probably a scam. They may offer to send a mobile response team or expedited service for money from you to fix a supposed legal problem, which will confirm it is a scam.
You can check public records for the case number, but it probably does not... View More
I experienced sexual orientation and age discrimination in Irvine, CA on May 23, 2023. After the incident, I wrote a review on Yelp about it. What is the statute of limitations for filing a discrimination lawsuit in this situation?
answered on Apr 10, 2025
Your post is not clear: was this in an employment context or otherwise?
In employment law, unless you are required to sue under certain federal statutes rather than the California Fair Employment and Housing Act, you have three years from the date of the act about which you wish to complain... View More
I recently discovered that multiple utility accounts were fraudulently opened in my name, resulting in my electricity being cut off. The energy company informed me over the phone that I must pay $4,900 within 24 hours, but I have no knowledge of who committed this fraud or how it happened. I... View More
answered on Apr 10, 2025
Welcome to the world that we live in now. Fraud is everywhere and the first step is to contact your local police department. After that, you need to contact the customer service at the electric company and talk with them. The power company is going to assume you are wrong and it is your job to... View More
I am working as a 1099 contractor in the photobooth industry and have signed a two-year non-compete agreement with a 100-mile radius restriction. There was no compensation or benefits added for agreeing to this non-compete clause. Is this contract legally enforceable?
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answered on Apr 10, 2025
Every situation is different and a full analysis of your particular matter would be necessary. However, generally, South Carolina allows non-compete agreements to be enforceable as long as they are "reasonable" and "necessary" to protect a legitimate business interest which is... View More
During an argument at work, a coworker, who is in the military reserves, threatened to beat me up and insulted my age by calling me old and senile. In response, I mentioned I wasn't afraid of him because he is in the stupid military. He filed a discrimination claim against me, alleging... View More
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answered on Apr 9, 2025
Hi,
You may want to seek counsel within Florida if that is the jurisdiction you are working in. This is a matter of some concern to you obviously, as it should be. Unfortunately, you have to wait on the response from your employer but if you have not given notice of the co-worker's... View More
I'm currently on disability benefits until July, after which they will end. My company doesn't offer long-term disability (LTD), and I'm currently on unpaid medical leave. What are my options to secure income or additional benefits once my current disability benefits expire?
answered on Apr 8, 2025
if you have not sought them, you have disability benefits under the California State Disability Insurance administered by the EDD. If that is what you are presently receiving, your only other possible recovery would be through Social Security Disability Insurance, which is much harder to get, and... View More
My mom is planning her retirement, and recently, we worked with an agent to move her federal savings into a SPIA annuity account. However, we discovered that the agent electronically signed my mom's name on the annuity application without her knowledge or authorization. He claims that to... View More
answered on Apr 8, 2025
I am questioning if your mother did not authorize an electronic signing. I am guessing that this is the situation, and I also believe that she signed something to move money into the account. Electronic signatures are binding in most situations.
How was the money moved to the annuity if... View More
I am a preschool teacher at a large nonprofit organization. Last Thursday evening, I received a message from my multisite supervisor stating that something regarding me had "come to their attention" and I was instructed to stay home on Friday. They mentioned HR would contact me, but I... View More
answered on Apr 7, 2025
Employers can require you to stay home for any reason or no reason, but not a prohibited reason such as hostility based on race, religion, gender, sexual orientation, pregnancy disability, military service or opposing illegal conduct.
You did not mention whether the employer is still... View More
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