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Herbert J Tan's Answers
- 1,398 Legal Answers
- 28 Legal Guides
4
Attorney answers:
Can my former employer sue me for posting his faults in a public forum?
I agree with the prior answer and will stress that you should seek out counsel regarding the termination. You should be careful on statement you make on public forums because they can be used against you in subsequent claims you may want to file against the employer. Should you story vary in a year or so from your prior posting, it could easily be used to impeach your credibility. Always think before posting on the internet. Herbert Tan, Esq. E-mail: Herbert@tanlaws.com Website: www....
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2
Attorney answers:
What can I do about social security benefits/unemployment and rate of pay abuse?
Currently, the minimum wage in NY State is $7.25 per hour. Based upon your limited facts, you have the following claim: 40 hours @ $7.25 = $290 16 hours @ $10.88 = $174 ______________________ Underpayment of $ 94 per week @ 52 weeks = $4,888 X 3 years = $14,664 (assuming such was intentional on their part). Then couple that along with liquidated damages in the amount of $14,664, the value of your case now is $29,328. You attorney can ask for attorneys' fees on top of such. I...
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3
Attorney answers:
I am a temp worker, my job is in NY (where I live) and my agency is in FL... I will have worked for 1 yr, can I collect UI?
In NY, during your base period, your work history and earnings must meet all three of the following requirements: 1. You must have earned wages in at least two of the four calendar quarters that make up the base period. 2. You must have earned at least $1,600 in the highest paid quarter of the base period. 3. Your total earnings in the base period must be at least one-and-a-half times your earnings in the highest paid quarter. If you earned more than $8,910 in the highest paid quarter,...
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1
Attorney answers:
I thought I won a default judgemt in Special Civil Court. Now I got an order that my default judgement was DENIED w/o prejudice
The rule is below. However, aside from that you must still show proofs of your loss which is usually in the forms of receipts, etc. Without prejudice means you can refile the default again. 1:5-7. Non-Military Affidavit Before entry of judgment by default, an affidavit, which may be filed as part of the affidavit of proof, shall be filed as required by law setting forth facts showing that the defendant is not in military service. Unless based on facts admissible in evidence, the...
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4
Attorney answers:
Can my last employer pursue me legally if I decided to write a bad detailed review about "them" on the internet?
Based upon your facts, you appear to have a claim for violation of the FLSA in regards to unpaid overtime and minimum wage. FLSA claims have "teeth" in that your attorney can go after his fees separately as well as the ownership and management personally. Consult a NELA attorney. Herbert Tan, Esq. E-mail: Herbert@tanlaws.com Website: www.tanlaws.com The National Newark Building 744 Broad Street, 16th Fl. Newark, New Jersey 07102 (973) 735-2681 (W) (973) 735-2682 (F)...
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1
Attorney answers:
Can I collect unemployment and Social Security benefits at the same time in California?Santa Clarita, CA
A prerequisite of collecting unemployment is the ability to work. If you are disabled, that is not possible.
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3
Attorney answers:
I would like to know if you believe I have a case.
Under your fact pattern, applying New Jersey's Conscientious Protection Act, the employee objected to, or refused to participate in any activity, policy or practice which the employee reasonably believes: (1) is in violation of a law, or a rule or regulation promulgated pursuant to law or, if the employee is a licensed or certified health care professional, constitutes improper quality of patient care; (2) is fraudulent or criminal; or (3) is incompatible with a clear mandate of public...
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3
Attorney answers:
Deposition
Depends, however generally speaking most defense firms prefer doing an examination of you prior to offering a settlement. They are able to measure your truthfulness, likeability, etc. Herbert Tan, Esq. E-mail: Herbert@tanlaws.com Website: www.tanlaws.com The National Newark Building 744 Broad Street, 16th Fl. Newark, New Jersey 07102 (973) 735-2681 (W) (973) 735-2682 (F) Manhattan Office 305 Broadway, 14th Floor New York, New York 10007 (888) TAN-LAWS
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4
Attorney answers:
Can an Employer/Volunteer Organization bring legal action against a former Volunteer/Employee for public slander? on Facebook?
The statement that he is making must first be false. Assuming such, you would then have to show damages as a result of your claim. Herbert Tan, Esq. E-mail: Herbert@tanlaws.com Website: www.tanlaws.com The National Newark Building 744 Broad Street, 16th Fl. Newark, New Jersey 07102 (973) 735-2681 (W) (973) 735-2682 (F) Manhattan Office 305 Broadway, 14th Floor New York, New York 10007 (888) TAN-LAWS
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2
Attorney answers:
Defamation of character. It sounds like a hard case to prove for damages. New Jersey Law. How do you quantify damages?
Actual damages must be proven. However, some damages are assumed if the defamation is related to: 1. The statement charges someone with the commission of a crime. 2. The statement accuses someone of having an offensive or loathsome disease that would tend to deprive the person of companionship. 3. The statement concerns matters that are incompatible with business, trade, profession or office. 4. The statement charges serious sexual misconduct.
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