Robert M Fortgang’s Answers

Robert M Fortgang

Simsbury Employment / Labor Attorney.

Contributor Level 13
  1. Possible wrongful termination or other questionable issue?

    Answered over 2 years ago.

    1. Robert M Fortgang
    1 lawyer answer

    Assuming that Company #1 did not lie or defame you to Company #3 during its communications with same, there is nothing you can do. I am curious. How did you learn what Company #1 said to Company #3? You state, however, that you did complete the training and that the Training staff did see "issues" during your training. All of this leads me to believe that no law has been broken here with respect to your dismissal. Of course, if the communications between Company #1 and #3 were false or...

    8 lawyers agreed with this answer

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  2. Can I work part time and collect Social Security Disability Insurance?

    Answered about 2 years ago.

    1. Brian S Wayson
    2. Robert M Fortgang
    3. Dennis Alan Palso
    4. Gerald Gregory Lutkenhaus
    4 lawyer answers

    I agree with Attorney Wayson and would add that it would be in your best interest to try to obtain at least 2 or 3 consults with social security attorneys. As an employment lawyer I regularly refer such cases to a few SS attorneys associated with AVVO. If you need such a referral you may write me off-line. Good luck and best regards, Rob Fortgang - Employment Law Attorneys / 800-932-6457 / rob@fortgangemploymentlaw.com / We can Help.

    6 lawyers agreed with this answer

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  3. I worked from febuary to june 2011 60-70 hours a week without pay .how do i file a complaint for wages.

    Answered over 2 years ago.

    1. Robert M Fortgang
    2. Brian Lipkin
    3. Lauren Craig Redmond
    4. Marilynn Mika Spencer
    5. Erik Hammarlund
    5 lawyer answers

    I agree with Attorney Spencer, you really need to obtain an initial consult with 2 or 3 employment lawyers ...and soon. In this way you will be able to make an informed decision. The reason you should not let any more time go by is that there is generally a 2 year statute of limitations for filing such actions. What this means is that from the time you would file your claim for unpaid wages, you can only go back 2 years to recover unpaid wages. Do you have any evidence supporting the hours...

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  4. Can my employer use one of my sick or vacation days without telling me?

    Answered over 1 year ago.

    1. Robert M Fortgang
    2. Catherine Taylor
    3. David B Pittman
    3 lawyer answers

    I agree with Attorney Taylor and would add that from what you have written your employer didn’t just take those 3 days away from you. Rather, your employer used those 3 days, and in turn, you received pay. Good luck and best regards, Rob Fortgang – Employment Law Attorneys serving Massachusetts and Connecticut.

    5 lawyers agreed with this answer

  5. Does an employer in ma have to provide a drinkible water sourse

    Answered over 2 years ago.

    1. Robert M Fortgang
    2. Thomas J Callahan
    3. Keith G Langer
    3 lawyer answers

    Based upon these facts, a complaint filed with OSHA is likely your best course of action. OSHA provides discrimination protection for employees who exercise a variety of rights guaranteed under the Act, such as filing a safety and health complaint with OSHA and participating in an inspection. There even exists a specific section entitled - Safe Drinking Water Act that provides discrimination protection for employeees who report violations of the Act, which requires that all drinking water...

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  6. I have an employee that while walking across the company parking lot on his way to work slipped on ice and broke his ankle.

    Answered almost 2 years ago.

    1. Robert M Fortgang
    2. George Ellis Corson IV
    3. Michael A. Goldstein
    4. David J. McCormick
    4 lawyer answers

    I agree with Attorneys Corson, McCormick and Goldstein and would add that in matters such as this it's always in your best interest to involve your worker comp carrier. Let me also suggest that just as many small business owners have an insurance and tax adviser, you would do well to consider adding a knowledgeable employment lawyer to your team of advisors. And finally, those of us who regularly answer questions posted here on AVVO are an excellent place for you to start your search for...

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  7. Is it legal for my company to fire or discontinue my employment since son has been diagnosed with a medical illness?

    Answered over 2 years ago.

    1. Darrel S Jackson
    2. Robert M Fortgang
    3. Deborah Gwen Roher
    4. Lauren Craig Redmond
    4 lawyer answers

    The answer to your question is that both you and your employer have certain rights here. The employer has defined the “essential” functions of your job. You state and agree that “my job primarily involves traveling to customer sites”. If such is the case it would thus appear that the manner in which you framed your question is a bit misleading in that your employer has simply requested that you resume this essential job function or seek other work either within or without the company. If I...

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  8. Employed for 15 years by Home Depot. Recent DUI. CAn they fire me? I live in ct

    Answered about 1 year ago.

    1. Robert M Fortgang
    2. Derek Anthony Patrin
    3. Ethan Patrick Meaney
    3 lawyer answers

    Attorneys Meaney and Patrin are correct. What’s more, Connecticut does follow the “at will” employment doctrine …meaning that absent a contract, your employer may terminate your employment at any time, with or without notice, with or without stating a reason; and you have the same right. Having said as much, absent a job connected reason for your separation and assuming you are otherwise qualified to collect unemployment compensation benefits, you will be able to collect same. Good luck and...

    4 lawyers agreed with this answer

  9. Can i file a complaint with ADA or FMLA?

    Answered over 2 years ago.

    1. Robert M Fortgang
    2. Herbert J Tan
    3. Erik Hammarlund
    3 lawyer answers

    You have not provided enough information. If you would kindly expand your statement of the facts to include: an estimate of the number of employees, whether or not you requested and had been granted leave pursuant to the Family and Medical Leave Act, how much time you actually utilized, and the doctor's note(s) you provided to your employer, I would be happy to further assist you in understanding your legal rights. Good luck and best regards, Rob Fortgang - Employment Law Attorneys 800-932-...

    4 lawyers agreed with this answer

  10. My company is laying people off today but expect them to work till the end of the week. If I dont stay can I file for unemplymt

    Answered over 2 years ago.

    1. Robert M Fortgang
    2. William N. Chambers
    3. Erik Hammarlund
    3 lawyer answers

    The basic requirements for collecting unemployment in MA are as follows: (1) you must be determined to be unemployed through no fault of your own as defined under Massachusetts law; and (2) you must file ongoing claims and respond to questions concerning your continued eligibility; and (3) you must report any earnings from work and any job offers or refusal of work during any claim period; and (4) you must meet any other unemployment eligibility requirements of Massachusetts law. In my view,...

    4 lawyers agreed with this answer

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