Skip to main content
Drake Preston Bearden Jr.

Drake Bearden’s Answers

16 total


  • I am currently out of work due to a stroke. Why is it that I am only allowed 12 weeks FMLA? Or do I get 26 if needed?

    I have 18 weeks of 100% STD pay but my job is only protected for 12? The reason for my stroke is due to issues with my heart. I have less then 2 weeks left. I get a test on my heart in 1 week to see if it is improving. If I need more time for rec...

    Drake’s Answer

    Employment law in New Jersey and on the federal level is very complicated and what constitutes a violation of the law is very fact specific. I suggest you contact a law firm in New Jersey that handles these matters to ascertain whether or not you have a claim.

    See question 
  • Im a salaried manager with a employment agreement to work specified hrs .

    I work an average 20 plus hrs above my agreement.Am I entitled to a overtime claim.My hrs exceed 40 hrs. by law for overtime.

    Drake’s Answer

    Employment law in New Jersey is very complicated and what constitutes a violation of the law is very fact specific. I suggest you contact a law firm in New Jersey that handles these matters to ascertain whether or not you have a claim.

    See question 
  • Wrongful Termination.

    When I was Hired I explained to them my pesticide license needed to be renewed and they stated OK.I sent it in in April and called them a month later as i haven't received it,in which the DEC stated I have a fine for not reporting no applications...

    Drake’s Answer

    Employment law in New Jersey is very complicated and what constitutes a violation of the law is very fact specific. I suggest you contact a law firm in New Jersey that handles these matters to ascertain whether or not you have a claim.

    See question 
  • Manager asked me to discriminate against who I hire. What to do?

    I have a new manager who oversees different locations. When I met with her she commented on my staff being mainly African American (I'm white and so is she). She then said due to the demographic of the area being white I needed to hire more black ...

    Drake’s Answer

    If your boss specifically told you not to hire African Americans, that is a violation of federal and state laws. You should consult an attorney who handles employment matters. Feel free to contact our firm, we have handled many employment discrimination matters in Philadelphia.

    See question 
  • In the state of nj - is a 'forced unpaid leave of absence' legal for a company for an employee who is medically restricted

    ie unable to perform a 'part' of the job functions - customer contact - but able to perform all else and in fact had been working in other departments to do just that - and this is being reported as a medical leave of absence although not requeste...

    Drake’s Answer

    Under the New Jersey Law Against Discrimination and the ADA it is illegal for an employer to force an employee to take unpaid medical leave or FMLA if there is a reasonable accommodation for the employee's disability. In other words, if there is an available accommodation for your medical condition that does not cause an undue hardship to your employer's business, they must provide the accommodation. Feel free to contact my office at 856-778-9700 if you have more questions.

    See question 
  • DO I HAVE A CASE FOR WRONGFUL TERMINATION/WHISLEBLOWER/RETALITATION?

    BEGAN WORKING AT A FACILITY WERE THE OVERTURN RATE IS HIGH.I NOTICED A LOT OF ILLEGAL ACTS TAKING PLACE. I SPOKE TO MY MANAGER ABOUT THE ILLEGAL ACTS NOTHING CHANGED I THEN SPOKE TO HER MANAGER WHO SAID HE WILL SPEAK TO HER ABOUT THESE ILLEGAL ACT...

    Drake’s Answer

    • Selected as best answer

    Under the Conscientious Employee Protection Act or CEPA it is illegal for an employer to terminate an employee for reporting illegal acts. If this is in fact the reason you were terminated, you should contact an attorney about a possible lawsuit. Feel free to contact my office at 856-778-9700.

    See question 
  • Can I sue for being fired two weeks after coming back from FMLA?

    I took off of work to care for my newborn baby for six weeks. When I got back to work they hired two new employees in my department and fired me two weeks later. They said the reason for my termination was due to "unacceptable performance".

    Drake’s Answer

    Under the FMLA an employee can take up to 12 weeks leave to take care of a family member (in this case your newborn baby). FMLA guarantees that when you return from leave you are entitled to the same position you had when you left. Therefore, your employer cannot terminate you for taking leave. However, they can terminate for other reasons. The timing of your termination seems extremely suspicious. You should contact an attorney to discuss your rights. Feel free to contact my office at 856-778-9700.

    See question 
  • Can I still sue??

    I worked up until today for a company who ignored all of my complaints starting with the first incident I complained about that bring said I was approached by member of management (female not that it matters in my opinion) one day who asked me if ...

    Drake’s Answer

    It is certainly a violation of New Jersey Law Against Discrimination for your boss to make sexually inappropriate comments, and not to address claims of racial discrimination. I would suggest that you contact an attorney immediately to discuss a possible lawsuit. Feel free to contact our office at 856-778-9700 or go to our website at www.zefflawfirm.com and fill out an inquiry and someone will contact you.

    See question 
  • Do I have a case against my former employer?

    I was fired for excessive time missed. The only time (dealing with a very sick child) I missed from work I was paid vacation time. I then severed 2 weeks of jury duty. When is was time to go back to work I was suspended for investigation of time m...

    Drake’s Answer

    I agree with my colleague that it is a violation of the law if your employer fired you for missing time to serve jury duty. The FMLA also prevents your employer from firing you for taking time off to take care of your sick child. I would suggest you speak to an attorney immediately. Feel free to contact our firm at 856-778-9700 or visit our website at www.zefflawfirm.com and submit an inquiry.

    See question 
  • Am I covered by the whistleblower act after filing a complaint with labor board for unpaid wages?

    After filing a complaint with the labor board due to not being paid traveling time on a daily basis while in company car I am being retaliated against by bonuses being withheld, and demoted from supervising position to crew position in a cleaning ...

    Drake’s Answer

    You are protected from what is known as "wage theft," or your employer not paying you wages by the Fair Labor Standards Act. This act has a retaliation provision that prevents your employer from retaliating against you for making complaints about wage theft. It appears from what you have said, your employer is violating this provision. You should contact an attorney for more information. Feel free to contact our firm at 856-778-9700 or visiting our website at www.zefflawfirm.com and submitting and inquiry.

    See question