Allan E Richardson’s Answers

Allan E Richardson

Woodbury Employment / Labor Attorney.

Contributor Level 14
  1. For NJ unemployment, What constitutes termination though "No fault of your own"

    Answered 9 months ago.

    1. Allan E Richardson
    2. Peter Joseph Lamont
    2 lawyer answers

    Yes, you can reapply. Generally, you will not be disqualified from benefits unless you were terminated for misconduct, which usually means intentional conduct that violates either a company's established policy or general notions of appropriate conduct on the job. Whether your situation qualifies you for a resumption of benefits will depend on the facts that the hearing examiner uncovers. Good luck.

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  2. I am in the throes of an appeal against paying my ex husband a large PERMANENT alimony even though he made same as me.

    Answered about 1 year ago.

    1. Allan E Richardson
    2. Leonard Roy Boyer
    2 lawyer answers

    First, ask your lawyer to supply you with a copy of the scheduling order. Second, you can instruct your attorney not to consent to an extension, but the court may grant one regardless. Third (and really the most important), if you "kind of" don't trust your lawyer, then you are really saying you don't trust her. Given that you are very far into this process, you owe it to yourself to sit down with your attorney and explain your concerns. If you don't get answers that satisfy you, consider...

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  3. Arbitration clause lawyer retainer missing in NJ lawyer

    Answered over 1 year ago.

    1. Allan E Richardson
    2. Stuart M Nachbar
    3. Elizabeth Taylor Herd
    4. David Harlow Relkin
    4 lawyer answers

    In New Jersey, if there is a dispute over fees between you and your attorney, the attorney is required to offer you arbitration by the district fee committee by court rule. You are not obligated to agree to arbitration. So, at least in that respect, there is no point puting in an arbitration clause.

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  4. Hostile work environment

    Answered 10 months ago.

    1. Allan E Richardson
    2. Mishka L Marshall
    3. Yolanda Navarrete
    4. Rachel S London
    4 lawyer answers

    From what little you post, I don't see a claim here. The New Jersey Law Against Discrimination (N.J.S.A. 10:5-12) (LAD) makes it unlawful to subject people to differential treatment based on race, creed, color, national origin, nationality, ancestry, age, sex (including pregnancy), familial status, marital status, domestic partnership or civil union status, affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic information,...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. My company never paid overtime, they broke it down on the payroll. no re-inbursment for mile travel took it out of taxes.

    Answered about 1 year ago.

    1. Charles V. Curley
    2. Allan E Richardson
    3. Yolanda Navarrete
    3 lawyer answers

    From your description, you may have a claim for overtime under either federal or state law. You need to consult with an experienced employment lawyer. Before you do, prepare for the meeting by gathering up all your pay information and all communication you have with the company and write down in chronological order when you started with the company and all the events leading up to your termination. That will make for a meeting more likely to be productive for you and the attorney. Good luck.

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  6. I Filed a Formal Complaint to my employer (HR) for Discrimination of Pay & National Origin. Retaliation after complaint received

    Answered over 1 year ago.

    1. Fred S Shahrooz-Scampato
    2. Yolanda Navarrete
    3. Allan E Richardson
    4. Elizabeth Tandy Foster
    5. Herbert J Tan
    6. ···
    6 lawyer answers

    Recording a conversation to which you are a party is legal in New Jersey. I suggest, though, that you check your employee handbook to determine whether the company has a policy against it that could be used as grounds to terminate you. I also caution you against going to the EEOC or New Jersey's Division on Civil Rights. Recent case law has makes it plain that if you go with one of these agencies and they make a determination against you, you have effectively closed the door to the courthouse...

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  7. One party agreement to secretly recording an in person conversation of a confession to a crime in New Jersey?

    Answered about 1 year ago.

    1. Allan E Richardson
    2. Raymond Andrew Grimes
    3. Christopher R Kinkade
    3 lawyer answers

    I strongly urge you to see an experienced criminal attorney immediately for guidance on this. You are in a situation that is highly dangerous to you if the death you speak of was the result of a criminal act. Do not, under any circumstances, rely on any advice from this or any other legal advice web site. Good luck.

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  8. I had a hysterectomy and my bladder and uretha were cut i have had several visits with dr, in addition i had another procedure

    Answered over 1 year ago.

    1. Allan E Richardson
    2. Matthew Louis Solomon
    3. Patrick X Amoresano
    4. Christian K. Lassen II
    5. Marc Edward Stewart
    6. ···
    6 lawyer answers

    Bladder injuries are common in hysterectomies and not always the result of malpractice. Even so, you should see an experienced malpractice attorney as soon as possible. It would be most helpful if you were to gather your medical records first. If you email me, I can refer you to a malpractice attorney in your area. Good luck.

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  9. Does a conditional discharge will show up in a background check by an employer?

    Answered over 1 year ago.

    1. Allan E Richardson
    2. Jeffrey Anthony Skiendziul
    2 lawyer answers

    It depends on how deep the potential employer wants to go with the background check. Some look only for convictions, some look for arrest records. If you have a conditional discharge, you must have been arrested at some point in the proceedings. What you really need to understand is this: Do not lie on the application. If an employer finds out you lied, you can be terminated with no legal recourse.

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  10. Is my non-compete agreement at my new sales job enforceable for customers that I also worked with at my previous sales job?

    Answered about 2 months ago.

    1. Daniel Adam Pepper
    2. Raymond Andrew Grimes
    3. Christopher Edward Ezold
    4. Allan E Richardson
    5. Victoria R. Pekerman
    6. ···
    6 lawyer answers

    As a general rule, non-compete agreements are viewed with disfavor by the legal system, but they will be enforced if they are reasonable as to length of time, geographic or market reach, serve the legitimate interests of the employer, are not used simply to stifle competition and do not harm the public interest. The only way for you to get useful guidance on this issue is to invest in a consultation with an experienced employment lawyer. Many attorneys, myself included, will review documents...

    5 lawyers agreed with this answer