Gian M. Fanelli’s Answers

Gian M. Fanelli

Jersey City Employment / Labor Attorney.

Contributor Level 8
  1. Are employees entitled to have vacation, or employers have the discretion to provide or not provide vacation to them?

    Answered over 2 years ago.

    1. Michael Robert Kirschbaum
    2. Frank Wei-Hong Chen
    3. Mark Harrison Wagner
    4. Marilynn Mika Spencer
    5. Gian M. Fanelli
    6. ···
    6 lawyer answers

    For your general information only: http://www.dir.ca.gov/dlse/FAQ_Vacation.htm

    11 lawyers agreed with this answer

  2. What question does defense lawyers ask when you in litigation

    Answered over 1 year ago.

    1. Craig A. Post
    2. David Michael Kasell
    3. Robert K. Erlanger
    4. Edwin Drantivy
    5. Josh P Tolin
    6. ···
    9 lawyer answers

    You can be asked anything. But you do not necessarily have to answer everything.

    7 lawyers agreed with this answer

  3. How can we start a class action lawsuit?

    Answered over 1 year ago.

    1. William J Mertens
    2. Eric Lechtzin
    3. Radha Rothrock
    4. Gian M. Fanelli
    4 lawyer answers

    One starts a class action lawsuit the same way one starts any other lawsuit: By filing a complaint with a Court.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. DO I have right to sue my employer if I don't have legal status

    Answered over 1 year ago.

    1. Alexander Joseph Segal
    2. Giacomo Jacques Behar
    3. Orit Goldring
    4. Adam Troy Savett
    5. Gian M. Fanelli
    5 lawyer answers

    One's immigration status should have no bearing in a labor/employment lawsuit. If defendants try to get information about your status through you, you can ask your attorney to try to get you a protective order precluding discovery of your immigration status and authorization to work in the United States. An employer's interest in your immigration status will generally be outweighed by public interest in allowing employees to enforce their workplace rights. Any defendant who tries to bring up...

    2 lawyers agreed with this answer

  5. Can a breach of contract for an "at will employment contract" be that i was forced to sign under pressure on the spot, not given

    Answered over 1 year ago.

    1. Herbert J Tan
    2. Christine C McCall
    3. Raymond Dinsmore
    4. Gian M. Fanelli
    4 lawyer answers

    An attorney would have to read and review the written contract, in any, in its entirety to truly give you adequate legal advice.

    2 lawyers agreed with this answer

  6. A boy of 19 yrs old has sex with a 16 year old girl with the consent of the girls mother, can he be listed as a sexual offender?

    Answered about 2 years ago.

    1. Eric Edward Rothstein
    2. Benjamin J Lieberman
    3. Barry Franklin Poulson
    4. Gian M. Fanelli
    5. Richard C. Southard
    5 lawyer answers

    When the two sexually active individuals involved are so close in age, as is the case here (ages 19 and 16), the elements of certain offenses might not necessarily be met. For example, I do not believe that the facts given alone would be considered statutory rape in the first degree, second degree, or third degree because of the closeness in age. I would highly suggest consulting a criminal defense attorney though as that is their area of expertise. See the following link for further general...

    2 lawyers agreed with this answer

  7. Any recourse wrongful termination as a contractor?

    Answered about 2 years ago.

    1. Michael Robert Kirschbaum
    2. A Melissa Johnson
    3. Gian M. Fanelli
    3 lawyer answers

    With the limited facts presented, it seems as though there may be a breach of contract issue. Speak directly with a labor/employment attorney or contracts attorney in your area. I hope that this helps. I wish you the best.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. My restaurant transferred me due to a sexual harassment claim from an employee (a guy) the whole restaurant talked about it.

    Answered over 1 year ago.

    1. Richard Steven Swartz
    2. Christian K. Lassen II
    3. Gian M. Fanelli
    4. Elizabeth Tandy Foster
    5. Kevin Rindler Madison
    5 lawyer answers

    You may have a claim , possibly for retaliation, discrimination, or otherwise. You may have no case at all. Speak with an attorney to flush out the facts.

    3 lawyers agreed with this answer

  9. My boss slammed a door into my pregnant stomach. What are my rights?

    Answered about 2 years ago.

    1. Douglas A Thomas
    2. Gian M. Fanelli
    3. David J. McCormick
    4. Lars A. Lundeen
    5. Marilynn Mika Spencer
    5 lawyer answers

    What are your injuries? Speak directly to a lawyer in your area. Many attorneys offer free consultations.

    3 lawyers agreed with this answer

  10. Do i have a case?

    Answered about 2 years ago.

    1. Lars A. Lundeen
    2. Daniel Nelson Deasy
    3. Gian M. Fanelli
    4. Robert Don Fink
    5. David Alan Wolf
    5 lawyer answers

    Considering only the facts that you presented, it does not seem that you have an actionable claim. That said, there may be facts which you did not include which might change the picture dramatically. Your options, as I see it, are as follows: 1) Speak with a local employment attorney who might take your case on a contingency basis; 2) Speak with/file a charge form with the EEOC on your own; or 3) Do nothing and let it go. Hope this helps. Good luck!

    3 lawyers agreed with this answer