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Gian Fanelli’s Answers

52 total


  • Can I get fired if I join a law suit against my current employer?

    I work for a bank. there is a class action suit that says the bank failed to pay employees for opening and closing security procedures. I received a letter saying I qualify to join the suit they just need my personal information before july 7th. B...

    Gian’s Answer

    If you are fired simply because you joined a lawsuit against your current employer, you may have a retaliation claim. It would be prudent and wise to consult the class action claims administrator and/or the attorneys who are intimately involved in that class action. A contact number is typical found on the notice forms which you likely received.

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  • Can i be fired and denied unemployment if i fell asleep at work in an office?

    I worked 12hr shifts,some times 60 to 72 hrs a week and sometime more.i was never written up or had a bad evaluation,can they take that one night out of all those yrs and fire me and then get denied unemployment benefits, please answer,thank you

    Gian’s Answer

    Side issue: Were you paid time and a half for overtime (hours worked over 40 in a given workweek)?

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  • How far back can a company look in order to pay overtime owed?

    I worked for a company and did concurrent work which paid a set hourly amount. Njdol states that they must pay overtime.

    Gian’s Answer

    Under Federal law, you can generally go back up to three years. Under state law, it varies greatly. Contact an attorney directly to go into depth.

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  • Does a new employer ever file an order to show cause to hire someone with non compete issues

    Is it always the employee that does this. Why would a employer do this. It seems to be an invitation to trouble.

    Gian’s Answer

    This would not be the best strategic approach.

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  • My employer is participating in ritualistic cheating customers & mislabeling the origin of the ingredients he sells.

    I have evidence that my employer of 12 years has been cheating customers , misrepresenting his products (they are chinese and he is selling them as Australian origin) and deceiving suppliers by not reporting consumed goods for months after they've...

    Gian’s Answer

    If you report any illegal activities that your employer is engaging in to government agencies you may have certain whistleblower claims.

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  • Can a class action survive in an employment case if the plaintiff also has legitimate individual claims?

    there is skepticism of a plaintiff being arguably not fit for class representation when other claims are brought up. So what if a plaintiff has indeed been harassed physically, discriminatory slurs made to make the environment less welcoming in ho...

    Gian’s Answer

    There are many ways to handle the issue. For example, there can be subclasses.

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

    Corporate. transferred me but the allegations were false everyone talked and slandered my name ruined my name and i did nothing wrong. An hourly supervisor was friends with the employee and saw an opportunity to get a space available. I don't kn...

    Gian’s Answer

    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.

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  • Was I discriminated

    When I returned from being on medical leave with being out with the flu for 4 days, I was terminated from my job. Also, when I claimed my unemployment, they denied my benefits and stated that I was given a verbal and a written warning. I never sig...

    Gian’s Answer

    You may have an FMLA claim. You may have been fired for cause and thus have no claim. Speak to a lawyer regarding the details of your case.

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  • Do i answer all the discovery questions I received from the law office that is suing?

    I have answered the complaint to court and plaintiff about credit card debt. I received a letter after that saying lets settle with a different amount from the orginal debt amount . Then a few days later i got a letter with discovery questions fro...

    Gian’s Answer

    Ask your attorney.

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  • Being harassed by the CEO of my company, what can I do?

    The CEO of the company I work with sends me very intimidating emails. She is based overseas, I have a very heavy work load because we are short staffed and I always receive threats of getting let go. In the past the previous CEO (her late husband...

    Gian’s Answer

    Nothing you mentioned sounds actionable under the law. Obviously, employers are entitled to be based overseas, to give their employees heavy work loads, to keep their company short staffed, to threaten to fire their employees, and to curse at their employees. Your best course of action might be to quit.

    Many recent asylum seekers have mentioned that the warlords in the Democratic Republic of Congo are looking for more child and adult slaves to work their mines for £1.50 a week. I hear that their vacation policy is worse than the ones given to most U.S. Americans though, so I'd probably decline that job offer if you get it, although you do get free housing. Also, the demand for raw minerals seems to be dropping (damn you CLF, MT, and VALE!), but speak to your financial adviser to confirm that.

    So ultimately if quitting your job is not an option that you'd like to entertain or pursue, then you will have to learn to cope with the non-actionable issues you have at work. Remember that you can always become your own boss and hire your own employees. Nothing is stopping you from working for yourself.

    If you have a written contract with your current employer, have an attorney look it over to see if you have any other options.

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