William A Feldman’s Answers

William A Feldman

Fairfield Employment / Labor Attorney.

Contributor Level 8
  1. How to proceed in a civil case when the Defendant is not responding according to the rules.

    Answered over 3 years ago.

    1. William A Feldman
    2. Brian C. Pascale
    3. Joseph Lars Rockne
    4. Jeffrey Harlan Penneys
    5 lawyer answers

    You're basically correct in your views but it's rarely worth spending much time to correct. If you are determined to try to force him/her to file a proper answer, the avenue is a motion to strike the answer and enter a default. A motion for summary judgment-- while time consuming-- will force a full disclosure of their position in detail. The correct approach would require an attorney to learn the details of the claims and defenses, and the proofs on both sides. Unless they're...

    Selected as best answer

  2. Can an attorney who is not admitted in NJ ask questions of a witness during a deposition relating to a NJ case?

    Answered over 2 years ago.

    1. Mary Tom
    2. James Alexander Abate
    3. William A Feldman
    4. Marc Sean Hurd
    4 lawyer answers

    There are several issues. The NY attorney may risk criticism for doing as you propose, but I see nothing that prevents his participation as your associate counsel. More than one attorney can take part on behalf of a party at virtually any stage. I am also unaware of anything preventing his asking questions via a talephone connection during the deposition. The worst thing that can happen-- I would think, and without seriously researching the point-- is that the opposing counsel may refuse to...

    2 lawyers agreed with this answer

  3. Getting out of a non-compete agreement in NJ after being terminated by the employer

    Answered about 2 years ago.

    1. Colin M Page
    2. Christopher Edward Ezold
    3. Erik Anderson
    4. Benjamin G Kelsen
    5. William A Feldman
    5 lawyer answers

    As the other respondents correctly note, your question is one that is very fact-sensitive. The precise contract terms and the overall fairness of restricting your post-employment opportunities and ability to earn a living are elements that must be considered. Another factors ares the cost a litigating and the effect on your subsequent employment. You need to sit with someone who can help you evaluate all the many consideration and advise you after all these factors are known and discussed.

    1 lawyer agreed with this answer

  4. Likely to lose my job just before I have a baby, what should I collect UI or Disability?

    Answered almost 3 years ago.

    1. William A Feldman
    2. Richard Steven Swartz
    2 lawyer answers

    It's not a matter of choice: if you are out of work and in fact not disabled, you must go the UI route. If disabled, you must go with disability.

    1 lawyer agreed with this answer

  5. If I an unemployed and receiving unemployment benifits and I place on my LinkedIn profile that I am seeking capital to start ...

    Answered almost 3 years ago.

    1. Charles John Prorok
    2. William A Feldman
    3. Andrew Seth Berns
    3 lawyer answers

    My understanding is that as long as you have not formed a business entity and continue to be free and available for full time employment, and are seeking it, you remain eligible to collect Unemployment benefits.

    1 person marked this answer as helpful

  6. Republished Employee Manual

    Answered over 3 years ago.

    1. Andrew Seth Berns
    2. William A Feldman
    3. Fred S Shahrooz-Scampato
    4. Erik Hammarlund
    4 lawyer answers

    The correct form of action would be a suit for injunction and an accounting for any profits wrongfully generated. The proofs of damages may be difficult to establish and quantify, however. There are many questions that must be addressed before anyone can say whether your manual is sufficiently proprietary to be protectable in court. Is it unique? Is the information generally known in the industry? Is its use unfair as a basis for competition? You really should meet to discuss this in...

    1 person marked this answer as helpful

  7. I am a fellow attorney (actually active on AVVO). I am looking for a good employment lawyer to act as mediator in a LAD case?

    Answered over 2 years ago.

    1. Richard E Yaskin
    2. Colin M Page
    3. Seth Alden Kreiner
    4. William A Feldman
    5 lawyer answers

    I'd love to do it myself-- I do both plaintiffs' and defense work in employment law, am certified as a civil trial lawyer, and have over 45 years at the bar-- but I'm not certified as a mediator. Call if you want some other ideas.

  8. In the state of new jersey, is it legal for a job to substitute overtime pay for vacation pay?

    Answered almost 3 years ago.

    1. William A Feldman
    2. Richard Steven Swartz
    3. Jose Antonio Moreno
    3 lawyer answers

    No. To enforce your rights to payment in US dollars, go to the Dept. of Labor, Wage Hour Div.

  9. What type of proof is needed for misconduct termination?

    Answered almost 3 years ago.

    1. William A Feldman
    2. Andrew Seth Berns
    2 lawyer answers

    Good question. The answer is "none" unless there is a credible allegation of discriminatory or retaliatory motive as the real reason. The the employer had better articulate and, if you sue, prove a legitimate reason for termination.

  10. I am currently in a supervisor position and being told that I have two options step down into a non-supervisor position or quit

    Answered about 3 years ago.

    1. Angelo Jamie Vasquez
    2. William A Feldman
    3. Gerald Gregory Lutkenhaus
    4. Christine C McCall
    4 lawyer answers

    The short answer is yes, unless the emplopyer's motives are illegally discriminatory or retaliatory under the governing law, or violate a clear mandate of public policy. The answers to these questions are very fact sensitive and the inquiry is rarely simple.

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