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William A Feldman
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William Feldman’s Answers

34 total

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

    When I was hired by a technology company in Northern NJ I had to sign a non-compete agreement with them. Two months later I was laid off by them. The non-compete agreement bars me for one year from seeking employment or doing business within the c...

    William’s Answer

    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.

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  • 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?

    County: Passaic County. Case is against Outback Steakhouse - they are represented by NYC law firm (Seyfarth Shaw). We (both parties) are looking for a good employment lawyer to mediate this case. Thank you!

    William’s Answer

    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.

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

    I am representing myself Pro Se in a NJ matter. I am planning to schedule a deposition of key witnesses, including the Plaintiff. I would like for an Attorney admitted in NY to ask the witnesses the questions during this deposition. Is this per...

    William’s Answer

    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 proceed and you will have to back down or have the NY-er make a motion to be admitted pro hac vice by court order and then reschedule the deposition, assuming the discovery end date doesn't prevent same.

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

    My wife works for a company that once over 40 hours a week, they give you an allotment of vacation hours instead of time and a half for overtime. Is this legal in new jersey?

    William’s Answer

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

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

    a business does that change my status for unemployment? I have not formed a business to start working on. I have started a search for capital only.

    William’s Answer

    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.

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  • What type of proof is needed for misconduct termination?

    nothing in writing just told to go home.

    William’s Answer

    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.

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

    I am a contract employee and my employer has only renewed my contract until the end of the year with an unpaid week off from Christmas to New Years. Typically I thnk I could collect unemployment benefits for the week off since my office is closed...

    William’s Answer

    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.

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

    Are they allowed to do this?

    William’s Answer

    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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  • I quit my job because I had to move away from my home since my son and I were in danger. Am I eligible for unemployment?

    There were drugs being dealt at my home and I anonymously let the police know what was going on and they sent an informant. Narcotics came into the house broke doors and found $70,000 worth of heroin. I was threatened because they suspected it was...

    William’s Answer

    On the facts given, I'm afraid the answer is "No."
    If the danger was work related, then probably "Yes."

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  • File an Unemployment Appeal?

    I recently was denied unemployment. I was fired from my company for not reporting the violation of company policy of a superior. I was in charge of the department that he violated company policy. My manager brought the offense to my attention and ...

    William’s Answer

    The facts aren't entirely clear as you state them.
    If you were fired by the person who was guilty of misconduct and to whom you said that you refused to be involved in such misconduct, you MAY be a whistleblower and wrongfully terminated. In that case you would probably be entitled to Unemployment. But I'd need a much clearer time line of events to better evaluate your case. I'd also need to know just how serious the "offense" was-- such as, was it criminal?

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