Jennifer Norton Weil's Answers

Jennifer Norton Weil
Hoboken Bankruptcy Attorney.
Contributor Level 9

1

Attorney answers:

  1. Jennifer Norton Weil

What are an employee's rights under NJ employment laws against employer not granting grave yard shift employee breaks

Asked by a user in Newark, NJ - over 3 years ago.

New Jersey law does not currently require rest or lunch breaks for adult employees, although it does require a 30-minute lunch break for workers who are under the age of 18. Federal law also does not require lunch or rest breaks for employees. OSHA recommends breaks for employees who work more extended hours of work than the normal 8-hour shift. If you are considered disabled under the Americans with Disabilities Act, you may be entitled to breaks as a reasonable accommodation to your disability.

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3

Attorney answers:

  1. Craig Dennison Robins
  2. Jennifer Norton Weil

How much does it cost to file chapter 13 bankruptcy in New York

Asked by a user in Smithtown, NY - over 3 years ago.

The filing fee for a Chapter 13 bankruptcy is $274, unless your income qualifies you for a waived filing fee, which the debtor would have to request from the court. Attorney fees can vary, but attorneys generally charge more for chapter 13 cases than for Chapter 7 cases because Chapter 13 cases are more complex. I have seen ranges of $3300 to $4000 for attorney fees in chapter 13 cases.

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Attorney answers:

  1. Jennifer Norton Weil
  2. Thad Harkins
  3. Alan James Brinkmeier

Employment labor Texas law, employers disclose of employee issues, employment references

Asked by a user in San Antonio, TX - over 3 years ago.

If I'm reading the question right, it looks like this might be regarding references given by the employer. Employers can give references about employees, even if those references are negative. An employer is open to liability, however, where the reference given is untruthful and is given in bad faith - where this is the case, the employer might be successfully sued for defamation. Proving defamation can be difficult, however.

3 people marked this answer as helpful

1

Attorney answers:

  1. Jennifer Norton Weil

Is it legal for a company, to force a 30 - 90 day sabbatical, even if you refused to sign?

Asked by a user in Kearny, NJ - about 3 years ago.

So long as it doesn't involve discrimination under Federal or State laws, yes.

1 person marked this answer as helpful

1

Attorney answers:

  1. Jennifer Norton Weil

My employer is trying to force me to sign one of ther following forms A) Resignation B) Sabbatical.I refuse.Help

Asked by a user in Kearny, NJ - about 3 years ago.

I'm sorry, it's not obvious why they don't lay you off. Layoffs are done all the time, especially when employers are in financial trouble. Is there some reason you think they might be afraid to lay you off? Is there a discrimination issue? More facts are needed here. Also, why do you not want to resign or take a sabbatical?

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1

Attorney answers:

  1. Jennifer Norton Weil

Does General Release at time of job termination, release employers from unpaid wages, compensation?

Asked by a user in Flushing, NY - over 3 years ago.

You should look into the possibility of filing a claim for unpaid wages with the NYS Department of Labor. You may wish to contact that department first. You may also wish to consider filing an action against your former employer in small claims court, if the amount in dispute is under the small claims threshold amount. To file in small claims court, you do not have to have an attorney, but you may hire one if you wish. The small claims court in your area may have forms for you to use if...

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2

Attorney answers:

  1. Jennifer Norton Weil
  2. Paul Dennis Staley

Small business assets exempt under Chapter 7?

Asked by a user in Long Branch, NJ - about 2 years ago.

It depends on the value of the inventory, since the amounts of the allowable exemptions are limited.

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Attorney answers:

  1. Jennifer Norton Weil
  2. Timothy William Combs

Filing Ch.7 w/ assistance

Asked by a user in Somerville, NJ - about 2 years ago.

Try Legal Services of New Jersey. I think their site is www.lsnj.org - they have local offices all over the state as well as a statewide 800 number.

3

Attorney answers:

  1. Jennifer Norton Weil
  2. Andrew Vaughn Winchell
  3. Kathryn Ursula Tokarska

Credit card dept.

Asked by a user in South Plainfield, NJ - over 2 years ago.

It is possible that your friend could file for bankruptcy, although he might not be able to get back the money taken from his account, depending on the amount taken and how long ago that happened. Your friend should consult with a bankruptcy attorney to see if bankruptcy is a good option for him.

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Attorney answers:

  1. Jennifer Norton Weil
  2. Arthur H. Forman

Can a employer seize your house or lay claim to your house for supposedly lying on a job appplication after working 3 yrs there?

Asked by a user in New York, NY - almost 3 years ago.

Can you elaborate, at least a little? Something must have led you to ask an employment question that relates back to your house, but without details, this is like going from A to Z by completely skipping over all the letters in between. But normally, no, there is no direct relationship between your employer and your house, under U.S. employment laws.