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I called Nationwide Bank to get canceled checks of my annunity checks that were cashed by someone else in June of 2010. The representative at Nationwide bank told me I had to report it to the Department of Labor, I called DOL, I was told they didn't handle this. Can anyone tell me who I can... View More 
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answered on Apr 21, 2024
I apologize for the confusion and difficulties you are facing regarding your annuity checks from 2010. Here are a few steps you can take to address the situation:
1. Contact the annuity provider: Reach out directly to the company that issued the annuity. They should have records of the... View More
My job said I need more proof to exude my absences because doctors notes aren't enough. They said I need to send a picture of the medication that was prescribed to me by the doctors to approve my leave of absence
answered on Apr 13, 2024
An employment attorney could advise best, but your question remains open for four weeks. Until you have the chance to consult with an employment attorney, from the standpoint of occupational safety, there are jobs involving the safety of the public where there is full transparency in terms of... View More
My daughter is constantly bullied by her boss.
answered on Apr 12, 2024
"Stress" is not compensable but "mental anguish" is recoverable for certain breaches of legal duties.
Your daughter will be required to offer "direct evidence of the nature, duration, and severity of her mental anguish, thus establishing a substantial... View More
My late husband and I had no children, I was told that his employer is plan administrator, trustee, and fiduciary of my late Husband's estate. I have w2's and copies of tax statements, showing my late husband has a retirement plan, differed compensation, and a pension. According to... View More
answered on Apr 10, 2024
Not entirely.
If a Husband dies without a Will and with no surviving issue (children, grandchildren, great-grandchildren, etc.), 100% of the community property in his probate estate and 50% of his separate property in his probate estate passes to his surviving widow. The remaining 50% of... View More
Ivan said i perform my duties because medical condition. Ean shuck his head no after Ivan said that he new that was wrong What can i do
answered on Apr 10, 2024
If you were fired despite being capable of performing all of your essential job functions solely because of a medical condition, you may have a valid claim for discrimination under the American with Disabilities Act or the Pregnancy Discrimination Act (ADA) depending on the medical condition you... View More
I’m told franchisee must exit the system but i have seen no action. What do I do next? What should I expect? What’s a typical outcome? I’m a corporate employee/the assualter is a restaurant franchise owner. How do I trust anything has been done? I have been waiting months after the official... View More
answered on Apr 2, 2024
Sorry to hear about what happened to you. This sounds like a difficult issue for you and your employer to navigate. You should talk to a local attorney about your rights and any remedies that may have available to you. Sexual assault is also a crime that should not be taken lightly. If the... View More
The opposing party early in the case file a FRCP 12(b)(6) to dismiss stating the I failed to state a claim for relief, I didn't exhaust my administrative remedies for EEOC. So, I survived that now the opposing party is coming under v. FRCP 12(c) almost a year later regarding the pleading. He... View More
answered on Mar 21, 2024
While the two are equivalent and are subject to the same standard, there are some subtle differences. For example, a 12(b)(6) motion only considers the allegations of the plaintiff's pleadings. A 12(c) motion also considers the allegations of the defendant's pleadings and the court can... View More
OSHA violation for equipment prohibited, MNG cleaned cuts but infection set in, EMP is diabetic, INS CO omitted details of time and treatment before claim was filed, treating DR refused MRI for hand fracture with abscess as treated by EMERGENCY DR, denies injury effect and denies benefits.
answered on Mar 20, 2024
Whether the manager is negligent is most likely irrelevant. In a workers' compensation case, the injured employee is NOT REQUIRED to prove that his/her employer or one of his/her fellow employees was negligent. Workers' compensation provides medical benefits, temporary income benefits,... View More
If I have a therapy practice, and have provisionally licensed folks providing 4 hours of service per week, previously they'd be 1099'd. With this new law, do they *have* to be W-2'd? It seems silly to W-2 someone that is only providing 4 hours of service per week. Any clarification... View More
answered on Mar 27, 2024
More factors may or may not weigh in favor of classifying workers as employees rather than independent contractors. If you ultimately determine that the workers have been misclassified, reclassify your workers as employees moving forward, withhold taxes pursuant to applicable laws, and keep... View More
If I have a therapy practice, and have provisionally licensed folks providing 4 hours of service per week, previously they'd be 1099'd. With this new law, do they *have* to be W-2'd? It seems silly to W-2 someone that is only providing 4 hours of service per week. Any clarification... View More
answered on Mar 27, 2024
Whether or not the workers you hired should be classified as employees or independent contractors depends on engaging in a six-factor analysis for each of the workers. The Department of Labor considers the following six factors in determining whether the worker is the employee or the independent... View More
If I have a therapy practice, and have provisionally licensed folks providing 4 hours of service per week, previously they'd be 1099'd. With this new law, do they *have* to be W-2'd? It seems silly to W-2 someone that is only providing 4 hours of service per week. Any clarification... View More
answered on Mar 18, 2024
You mention a therapy practice and provisionally licensed folks. As I understand the laws pertaining to licensed therapists in Texas, a provisionally licensed therapist is required to be supervised by a licensed therapist. A worker who receives a Form 1099 is supposed to be an independent... View More
I have a previous employer that is trying to wrongly accuse me of a felony type action. This matter has been brought to the local police department, and detective two years ago. When previous employer walked into my current employer tried to tell management that I had a previous felony and... View More
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answered on Mar 18, 2024
In situations where a previous employer is making unfounded accusations against you, particularly of a serious nature like felony actions, and is attempting to influence your current employment based on these allegations, it's important to understand your rights and the steps you can take to... View More
answered on Mar 13, 2024
You should use the "Find a Lawyer" tab to search for an attorney who practices in the area of employment law in or near the county where you reside. You can likely get an initial consultation with a competent and experienced attorney for under $1,000. Our firm provides a 90-minute... View More
I am a physician and want to only use my maiden name in a professional setting, and my married name in personal life. I have a colleague in MA who signed her hospital contract under her maiden name only and practices with maiden name only. As a physician in TX, can I only have my maiden name on... View More
answered on Mar 11, 2024
Yes. Many professionals retain the name shown on their diplomas and professional licenses for exactly that reason. Of course, it is not required for a spouse to change her name at all upon marrying and increasingly women retain their maiden names upon marriage. It is still legal for a woman to... View More
For two years I worked at a dog training company. During this time I took photos and videos of the dogs and training for my personal social media, the companies, and for owner updates. When a past employee left the company she was told she wasn’t allowed to keep the images posted to her social... View More
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answered on Mar 2, 2024
When you create content such as photos and videos while working for a company, the ownership of that content often depends on the terms of your employment and any agreements you might have signed. In the absence of a specific contract regarding media rights, the situation can become complex.... View More
I run a plant after hiring in mid year. Performance target was hurt because of issues in Jan and Feb 23, before my hiring.
Since my arrival, performance (99.7%) exceeded the target (99%). Even if my performance was 100%, the target would not have been achieved for the year and I didn’t... View More
answered on Feb 29, 2024
It depends on what your agreement says. In interpreting the agreement, the court can consider the facts and circumstances existing when you signed the agreement, any industry custom, and any past course of dealing. So, for example, if in the past, the company determined bonuses based on prorated... View More
My contract says I can serve as an expert witness “in a lawsuit, if not related to my employment at **.” Does this mean I’m allowed to expert witness as long as the suit doesn’t specifically relate to my employer or anyone also employed by the same company? OR does it restrict any expert... View More
answered on Feb 28, 2024
The excerpt of your contract included in your question standing alone could be interpreted either way. A court, construing this language, would consider the entire agreement along with the facts and circumstances existing at the time the agreement was signed, the manifest purpose of the agreement,... View More
General summary of unlawful suspension and conduct of an employee and investigation for that employee
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answered on Feb 24, 2024
To find a lawyer in Texas to assist with your case against a major corporation regarding human rights violations and unlawful conduct, you can start by conducting research online. Look for law firms or individual attorneys who specialize in employment law, civil rights, or corporate litigation. You... View More
- Arrived in the United States on a H4 visa in 2022.
- Transitioned to an H1-B visa in October 2022, although it remains unstamped.
- Labor Condition Application (LCA) for the H1-B indicated a wage of $80,000.
- 2023 W2 reflects only $18,560 due to an unpaid maternity leave... View More
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answered on Feb 22, 2024
The discrepancy between your 2023 W2 earnings and the Labor Condition Application (LCA) wage could potentially raise questions regarding your H1-B status, as H1-B visa regulations require that visa holders are paid at least the wage specified in the LCA. However, your situation involves legitimate... View More
To sum up my situation I quit my job in November last year because of my manager and coworkers. I was being ignored and doing extra work with no help because it was being said that I was taking pictures of the chef and sending it to our manager. Wasn’t true at all. I tried to explain myself and... View More
answered on Feb 21, 2024
It sounds like you have already taken action to remove yourself from the situation. You have no legal duty to take any further action now that you have quit. My recommendation is that you stop communications with your former manager and co-workers.
One of the principal advantages of the... View More
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