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Michael J. Schewe

Michael Schewe’s Answers

122 total


  • Sponsoring H1B Visas for Off-Shore Resources

    We are looking to sponsor H1B Visas for a few of our off-shore resources. Our current team size here in the US consists of 5 people. We are looking to bring 3 of our resources from India to our office here to work on the project on-site at ...

    Michael’s Answer

    There are a number of eligible requirements for H-1B visa - such as ability to pay wages and offering jobs that require a "specialty skills." USCIS offers guidance here: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=73566811264a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=73566811264a3210VgnVCM100000b92ca60aRCRD

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  • Was fired for wrongful termination.

    my boyfriend was fired for wrongful termination and we believe he was victimized and discriminated against due to gender and age. Also due to his firing he was denied unemployment benefits because they lied stating he quit which was not true. He i...

    Michael’s Answer

    If your boyfriend believes he was terminated for gender and/or age, he may have a claim for discrimination. He should file with a government agency or speak with an employment attorney as soon as possible to protect his rights.

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  • I have recently had my visitation right taken away from me due to my daughers mother lying and accusing me of false aligations.

    How can the judge take away my right without no proof. ? The judge asked for investigation and asked me to pay for it. How is this fair? Please help

    Michael’s Answer

    You should be able to reopen the issue and provide evidence to the contrary. Speak with an experienced family lawyer to protect your rights as soon as possible.

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  • Can my employer fire me

    Cause I got hurt on the job

    Michael’s Answer

    While there is not enough information to give proper and complete legal advice in this forum, you should consult either (a) a workers' compensation attorney, (b) a discrimination attorney or (c) both to make sure you protect your rights.

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  • WHEN I MENTIONED DIVORCE HE THREATENS TO TAKE CHILDREN AWAY. DO I NEED A RESTRAINING ORDER. THREATS OF MANY KIND.

    I WANT A DIVORCE AND HUSBAND HAS MADE MANY VERBAL THREATS. WANT TO PROTECT ME AND MY CHILDREN

    Michael’s Answer

    I echo my colleagues statements. A restraining order is a civil restraint to be used if you feel that you or your children are at risk, but it is separate from a divorce action. If you wish to be divorced, your husband cannot threaten to take your children away. Consult with a family law attorney to protect your rights and your family while filing for divorce.

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  • Do I have a claim for sexual descrim. against a deep-pocket client who sexually harassed me?

    Do I have a claim for sexual descrim. against a deep-pocket client who sexually harassed me and then severed our contract when I refused his overtures?

    Michael’s Answer

    Depending on the facts of the situation, you may have legal claims available. I recommend speaking with an employment attorney soon to preserve your rights.

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  • Do I have legal ground for lawsuit if fired because I reported my employer to IRS for misclassification?

    Hired a year ago as an independent contractor, Ive come to see I fit all the criteria for being misclassified. If my company fires me over this or attempts to lower my pay to make me an employee, do I have any legal rights?

    Michael’s Answer

    There is the New Jersey Conscientious Employee Protection Act, however, more data would be needed to know whether this would be a proper CEPA claim. I also agree that you may have a case for retaliation under the FLSA if you are terminated. If that does happen, contact an attorney or state agency to help you determine if you have a valid claim.

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  • I work as a bartender and make pretty good money but my boss has been disrespectful and sexually harassing me, should i sue him?

    If i were to sue him how much do i stand to make? I just quit my job because i cant take it anymore..i make about 1200 a week but its in cash and most is not accounted for. Does this matter and how do i go about doing this...I have everything save...

    Michael’s Answer

    Sexual harassment is a violation of both New Jersey and Federal laws. You should speak to an experienced employment attorney to assess your options. Please know that time limits apply to employment discrimination cases so, if you are interested in pursuing a case, you should not wait to speak with a lawyer or government agency, such as the EEOC or NJ Division on Civil Rights.

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  • Can I be fired after divulging a disability to my employer?

    I was recently diagnosed with Post Traumatic Stress Disorder. On June 22nd of this year I found my mother unresponsive in the bathroom and had to perform CPR on her and was unable to revive her. This took place one week to the day after burying my...

    Michael’s Answer

    Because you have a diagnosed disability and notified your employer about it prior to your termination, you may have various state and federal legal claims. You should speak with a competent employment attorney to discuss your options or visit one of the agencies listed by my colleagues to protect your rights, since time limits apply to your case.

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  • I'm 19 yrs old, am I legal to married my US Citizen boyfriend and get my green card?

    I'm 19 years old I came to the states legally and I'm still on Status (Not overstayed visa), I want to marry my 24 yrs old boyfriend while I'm here . But I've been told that I have to wait till I'm 21 because I'm a minor for the immigration laws.

    Michael’s Answer

    I don't know of any immigration law that says marriages are invalid if you are under 21 (as my colleagues have said, there may be laws regarding marriage in a certain state/country that vary and you should check on it).

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