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Contract sole provision is regarding severance : "Any severance payments will be
conditioned upon your execution and non-revocation of a release of claims in favor of the
Company and its affiliates in a form reasonably satisfactory to the Company"
Employer has... View More 
answered on Sep 19, 2024
This ER has attorneys that drafted this GENERAL RELEASE "severance agreement." You need an attorney in your corner to tell you what you are potentially giving up in potential claims against the company, in exchange for the severance package. Are you giving up claims worth $10k for a $9k... View More
After being threatened by my supervisor with termination (administrative actions), I was then summoned for an interview with federal investigators for questioning regarding an incident in the workplace. I was advised by a representative not to show up for said interview. After a lengthy... View More
answered on Sep 12, 2024
Dear federal employee:
I'm sorry to hear you went through this situation. Unfortunately, I don't think an attorney will be able to give you a definitive answer based upon the information you've provided. You ask if "Kalkines" and "Garrity" violations... View More
He showed spreadsheets during online meetings to my entire team twice that showed I was on a Performance Improvement Plan and now people in other areas of the company several states away whom I have never even met are aware of this and it has gotten back to me. Do I have a case or any recourse?
answered on Aug 11, 2024
I'm sorry this happened to you. Most sensible people would find this humiliating and demoralizing, notwithstanding what the law or your team situation legitimizes in terms of sharing such information. Speak with employment attorneys - they are knowledgeable in this area. Your question was... View More
My current contract is for a tutor as an employee. In my current contract, these are the only two provisions related to client payment and referrals:
Tutor agrees to accept no direct payment from clients (current and past) introduced by (company name) . All payments from clients will be... View More
answered on Jul 8, 2024
At the threshold, interpretation of contracts and their associated non-compete clauses requires a detailed analysis of the document, focusing on its language, its intended purposes, and its compliance with background law and public policy. It is really not possible to advise on the effect of a... View More
Hello, I was taking contaminated gummies and failed pre employment drug test. Please advise, I completed class and evaluation, Coast Guard took my credentials without any notifications.8
answered on Jul 6, 2024
It might be difficult to get guidance on this here - it's a narrow niche, even within the realm of maritime practitioners - most of whom don't work in this sector. There are some attorneys who handle Coast Guard credentialing and licensing issues involving Administrative Law Judges. You... View More
The Damaging and Personal attacks this Health Care Facility has spread has prevented me from getting Jobs in this town, Even my Firing was not my Fault. The personal attacks has damaged my Personal Life and Family Life
The Administators tried everything to push me out
All of this... View More
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answered on Jun 26, 2024
I understand you're facing a difficult and complex situation. Based on the information you've provided, there are several potential legal issues at play here:
1. Disability discrimination: If you were fired due to your disability, this could violate the Americans with Disabilities... View More
The Damaging and Personal attacks this Health Care Facility has spread has prevented me from getting Jobs in this town, Even my Firing was not my Fault. The personal attacks has damaged my Personal Life and Family Life
The Administators tried everything to push me out
All of this... View More
answered on Jun 22, 2024
What you describe could be a tough case. Whether the attorney who dismissed the prospects of a disability case or HIPAA case was an employment law or health care law attorney, defamation-based cases can be costly. Your frustration of what was done to your reputation is understandable, but it could... View More
Worker A was given a candy as they left for the day by Worker B. Worker B did not tell Worker A that the candy was laced with THC. Worker A was hospitalized 2 days for drug toxicity. The manager for both workers is trying to prevent and coerce Worker A to not report anything and to pay her own... View More
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answered on Jul 2, 2024
Worker A has a civil cause of action for battery against worker B, as worker B intended to cause harmful of offensive contact and did cause harmful or offensive contact. Giving the candy over satisfies the prong for "contact". There may be criminal liability too, but worker A should hire... View More
Dear lawyers,
I have an interesting case for consideration. Please contact me to discuss potential cooperation.
Upon employment at a new cable company, I was informed that I couldn't start working the following month because my previous cable company, after my departure,... View More
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answered on Jun 15, 2024
Dear Dmytro,
I'm sorry to hear about the difficult situation you're facing with your previous employer misusing your technician ID number. That certainly sounds frustrating and concerning.
It seems there are a few potential issues at play here - misuse of your identifying... View More
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answered on Jun 3, 2024
In New York, your medical information, including conditions related to pregnancy, is protected under both federal and state privacy laws. Sharing this information without your consent can be considered a violation of your privacy rights. You may have grounds to file a complaint with the Equal... View More
answered on Jun 1, 2024
If the conditions aren't already spelled out in the department's by-laws or standard operation procedures, there are many different forms of reckless or malicious acts that might endanger or mistreat firefighters, the public, or expensive equipment. Although you posted this under... View More
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answered on Jun 1, 2024
A fire commissioner can expel an assistant fire chief for various types of misconduct. Misconduct might include violations of department policies, failure to follow safety protocols, or engaging in illegal activities. These actions undermine the trust and integrity required in a leadership position... View More
As an independent contractor I am to receive 80% employer has taken more than 20% over 10yrs. Backpay owed $33k
Maurice C
answered on May 28, 2024
Either you are an independent contractor or an employee - you can't be both at the same time. And whether you are one or the other depends on the details of your job, not what you and/or your boss decides you are. You should give me a call to discuss this. If you are actually an employee,... View More
I have a loan out thru my retirement. My employer didn't make the appropriate payroll deduction to pay my loan payment and the loan went into default. I can no longer borrow against this loan which has forced me to do a bankruptcy. This has caused me extreme emotional distress.. I have been to... View More
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answered on Apr 23, 2024
In New York, an employee may be able to sue their employer for negligent infliction of emotional distress (NIED) if the employer's negligent actions caused the employee to suffer severe emotional distress. However, succeeding in such a claim can be challenging, as you would need to prove the... View More
I have a loan out thru my retirement. My employer didn't make the appropriate payroll deduction to pay my loan payment and the loan went into default. I can no longer borrow against this loan which has forced me to do a bankruptcy. This has caused me extreme emotional distress.. I have been to... View More
answered on Apr 19, 2024
Sorry to hear what happened to you. In New York, you can only recover for negligent infliction of emotional distress where the behavior in question is extreme and outrageous. An actuarial error relating to your payroll deduction likely does not likely qualify.
I have a loan out thru my retirement. My employer didn't make the appropriate payroll deduction to pay my loan payment and the loan went into default. I can no longer borrow against this loan which has forced me to do a bankruptcy. This has caused me extreme emotional distress.. I have been to... View More
answered on Apr 16, 2024
I'm sorry for your ordeal. It's difficult to say with certainty whether the consequences you suffered from the payroll deduction would present the basis for a strong case. Although it's clear that you suffered here, and such damages are always part of the recovery inventory in a... View More
Mgr. of 3mths w/firm threatening/harassing me. I'm 3+ yrs w/company. Just as others I always arrive to work early by 30mins or so for late night requests & ontime arrival. No problems w/previous Mgrs. Great perform reviews. Mgr. now says I need his permission to work OT. Reprimanded 2 days... View More
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answered on Mar 23, 2024
It looks like your pay is on an hourly basis. All employees who are paid by the hour must be paid for all time for which they are permitted to suffer labor (that is language often used by the courts). If you work hours, including overtime at 1.5 times your regular pay rate, you must be paid for... View More
couldn’t take it anymore so I quit on Friday. Can I bring a lawsuit against my employer?
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answered on Mar 11, 2024
You have offered two protected classes to which you belong. There may be many more. The two are your gender, female, and your age over 40. Was the harassment suffered because of your gender or your age? Remember that there are many more such as disability or perceived disability. If you were ill or... View More
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answered on Mar 10, 2024
Based on the information provided, there are a few important considerations:
1. As an F-1 student on Optional Practical Training (OPT), you are allowed to work in the U.S. as long as the employment is related to your field of study. The work can be for any employer, including an LLC owned... View More
If so can they deny me this request
answered on Mar 1, 2024
Although this is posted under Employment Law, the concept of establishing a paper trail in communications applies in all areas of law. The very quality of communicating in this manner, leaving a written record, could be the very quality that puts the other side on guard and sometimes hesitant to... View More
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