Skip to main content
No photo

Herbert Tan’s Answers

1,949 total


  • I've been laid off. I am 66 years old. Classified as exempt, but should be non-exempt. Would like to collect on back OT wages

    Employer is paying one week severance for each of the six years. If I was truly exempt, it should be at least two weeks. I live in CA. Employer is in SC. Should I pursue?

    Herbert’s Answer

    What were your job duties and title? Much of it depends on the type of work you do.

    See question 
  • What can I do if I feel that HR will not do anything to help me in my harassment? We don't have someone Cerified in our HR.

    I have worked in this company for 4 years and the past 2 years I feel that am been harass by Upper Managers and other coworkers, do to what another coworker said about me. I have been documenting everything and I have other coworkers that agree w...

    Herbert’s Answer

    I would suggest that you contact a local NELA attorney who primarily represent employees. You can start at www.nela.org.

    See question 
  • I need to find a benefits attorney rather quickly, preferably in the Groveport area.

    Specifically, I have M.S. I have been unemployed since 2009. My symptoms have recently become much worse. I applied for dissability and recently received the denied letter. Since then I obtained a neurologist and he advised me to keep trying. I am...

    Herbert’s Answer

    Start by contacting your local NELA group. They concentrate on representing employees.

    http://www.ohioemploymentlawyersassociation.org/

    See question 
  • I was hired by a contracting agency last year 2013 in July. I was fired last week because of Felony. Agency said company was awa

    I was hired by agency last year 2013 in July. I had made them aware of felony and they said they would also do a background on me. They offered me the job and I asked if company was aware because I didn't want any surprises. They said company was ...

    Herbert’s Answer

    Based upon your facts, the company terminated based upon a business related basis. For future employment purposes, you may consider finding out if you can have the felony expunged after a period of time.

    Good luck to you.

    See question 
  • I am a victim of prejudism, racism at my work!

    One day in my work area. I'm organizing my place, when out of nowhere! A leadman of another department pass by , pick up a box and throw it by my door! And yells at me to clean up this mess! And he just took off! I told the Manager about what happ...

    Herbert’s Answer

    Why do you conclude it is racism as opposed to the manager being inept? Are there other facts that you rely upon to arrive at your conclusion?

    See question 
  • Can i sue my employer?

    I been working for almost two years in my job .I want to go to school this sept 9 2013 and i have to pass a test in order to be accept it for the 6 month program at my school. I am full time but my manager made me sign a paper saying per diem but ...

    Herbert’s Answer

    Absent an employment contract or union protection, you do not have a claim unless the basis for reducing your hours was based on a protected basis such as age, race, religion, etc.

    Herbert Tan, Esq.
    E-mail: Herbert@tanlaws.com
    Website: www.tanlaws.com

    The Mack Cali Building
    One Bridge Plaza North, Suite 275
    Fort Lee, New Jersey 07024
    (201) 849-4548

    Manhattan Office
    100 Church St, 8th Floor
    New York, NY 10007
    (914) 830-0215

    Member of National Employment Lawyers Association (NELA)

    See question 
  • Was it legal for my employer to fire me and do I have a lawsuit against them?

    I was recently fired for allowing discontent. I was on break with several co-workers and we were complaining about a couple of people who were causing us problems. Previous to this my boss threaten to fire me or have me fired during a conversatio...

    Herbert’s Answer

    You were already on probation at the time of termination. Assuming no union is involved, the employer would be allowed to terminate you, even after filing your complaints.

    See question 
  • My employer refuses to accommodate me RE: my extreme depression which causes trouble with my focus and attention to detail.

    My husband was diagnosed with terminal cancer in April, 2013. Since then, I have had issues at work with memory and focus. I saw my doctor about this and he told me it is to be expected due to my current life situation. I informed my manager of th...

    Herbert’s Answer

    What type of accommodation were you requesting and was this prescribed or suggested by your physician in writing to the employer?

    Herbert Tan, Esq.
    E-mail: Herbert@tanlaws.com
    Website: www.tanlaws.com

    The Mack Cali Building
    One Bridge Plaza North, Suite 275
    Fort Lee, New Jersey 07024
    (201) 849-4548

    Manhattan Office
    100 Church St, 8th Floor
    New York, NY 10007
    (914) 830-0215

    Member of National Employment Lawyers Association (NELA)

    See question 
  • Can I get fired for calling out even if i told my manager before she made the schedule?

    I told my manager on Monday(august 5) that sunday11th of this month (august) i was not going to be able to come to work, but she still put me in the schedule for Sunday. She knows I will call out, and I will probably get fired (my supervisor said...

    Herbert’s Answer

    Assuming that you have no union contract or employee handbook dealing with the right to call out, an employer can terminate you for that particular issue.

    See question 
  • Severance Obligation Not Paid - Please provide a sample Demand Letter and other steps prior to hiring an attorney.

    Employer committed to a lump sum severance payment in employment contract / executed offer letter for an executive terminated not for cause, but has not paid and is not responding to emails requesting payment. Can you provide a sample letter to m...

    Herbert’s Answer

    The reason employers respond to attorney warning letters are because they are an attorney. You may be eloquent in your prose but without the three little letters at the end, they do not carry the same weight.

    Good luck to you.

    Herbert Tan, Esq.
    E-mail: Herbert@tanlaws.com
    Website: www.tanlaws.com

    The Mack Cali Building
    One Bridge Plaza North, Suite 275
    Fort Lee, New Jersey 07024
    (201) 849-4548

    Manhattan Office
    100 Church St, 8th Floor
    New York, NY 10007
    (914) 830-0215

    Member of National Employment Lawyers Association (NELA)

    See question