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Allan E Richardson

Allan Richardson’s Answers

774 total


  • An employee at my office has been taking cash copay payments .

    She was collecting Cash co-payments and marking them as Credit Card payments in the computer. Numerous months were audited and almost $300 missing during random months. She would give patients receipts showing Cash payments and mark it as Credit...

    Allan’s Answer

    The general rule is that an employee is at-will. This means the employee can be fired at any time and for any reason or no reason at all. The employer is not under any obligation to tell the employee why she is being fired. There are exceptions. An employee cannot lawfully be fired if the reason for termination is her membership in a protected class as a defined by law. If there is a contract in place that cover this employee, then termination has to conform to its terms. On occasion, an employee handbook will set forth conditions under which an employee can be let go. Lastly, if the employer is a public entity, the law often provides some protection to employees. Good luck.

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  • I got fired from my job for misuse of companytime, will I qualify for unemployment in NJ

    Was going to the bathroom frequantly and taking long. I never got a verbal or write up for this.

    Allan’s Answer

    As a general rule, you can be terminated for any reason or no reason at all. The only exception is if you were terminated because of your membership in a protected class as it is defined by law. A question you need to address is this: Do you have a chronic medical condition that requires frequent and lengthy toilet breaks? If you do, you might - emphasize the might - have a claim that you were terminated because of your medical condition and not offered at least a discussion about a reasonable accommodation for it. I suggest you invest in a consultation with an experienced employment lawyer. Good luck.

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  • Can you claim past practice if your employer changes your schedule for more than three years

    My employer told me I had to come in early on Sunday but refused to put it in writing I worked this schedule for over three years time sheets can prove this. I was told that the position I was working was given to another employer with less senio...

    Allan’s Answer

    As a general rule, management can change your hours - and other aspects of your job - at their discretion. They are not bound by "past practices." There are exceptions. For example, if you are a member of a union, your collective bargaining agreement may put limits on schedule changes. Good luck.

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  • I know there are lots of attorneys that are corrupt, who have no morals or ethics.They do anything for money, including pay offs

    I also know there are lots of attorney's that care about the families they help who do have morals, are ethical and refuse to play the money game (meaning that they prolong your case to get more money). Where can I find one of these? I would ...

    Allan’s Answer

    First, you may wish to change your tone if you are seeking legal assistance. Some lawyers may be put off by the first paragraph. Secondly, a general rule of life as far as I am concerned is that you get what you pay for.

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  • Attorney Ethics Situation Is my attorney liable for violations of the ethics rules by advertising my notice of approval?

    So, I hired an immigration attorney on my immigration case. My case got approved, and everything was good until I randomly saw my redacted version of notice of approval from immigration authority on the attorney's website as part of promotion/adve...

    Allan’s Answer

    I don't have enough information from you to provide you with an answer specific to your needs. A couple of general points: Under most circumstances, the name of a client is not considered a confidential piece of information. An attorney may post truthful information concerning his activities on behalf of clients. If the information posted is not enough for a stranger to identify you, what is your concern?

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  • Amending to sue plaintiff's employer for defamation

    The Defendant is amending the complain to include my employer in a defamation case, stating that my employer perpetuated the defamation by providing me the resources like office computer, internet & workplace. My employer has nothing absolutely to...

    Allan’s Answer

    From what I gather, you are the plaintiff. If you have an attorney, he's the one who should communicate with your employer. If you don't have one, get one. Your case just got complicated and you need legal assistance. Good luck.

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  • Can I sue my ex for secretly recording me in court

    My ex has a tendency to secretly record our court proceedings everytime. I have always brought this up to every proceeding and at least twice he was asked if he was recording. One time the judge saw it and made him turn it off and then the offic...

    Allan’s Answer

    First, all court proceedings in New Jersey are recorded anyway. Second, the courts have promulgated rules barring non-authorized recordings. However, there is no cause of action that you can take if your ex violates this rule.

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  • Im a manger am I entitled to Overtime

    As my manger responsibilities I am not able to hire or fire anybody and my duties I regularly perform labor.

    Allan’s Answer

    There is no easy answer to this question. Titles don't matter. What matters is an analysis of the facts of your work situation. I suggest you invest in a consultation with an experience employment lawyer. Good luck.

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  • Can I use health insurance unknowingly provided by a previous employer?

    I was let go from a company several years ago. Each year since then, I have been receiving a health insurance card for the plan under which I was covered while I was still employed by that company. Up until now, I have been discarding the card. Bu...

    Allan’s Answer

    If you were to use it, you would open yourself up to criminal and civil fraud charges. The most prudent course would be to let your former employer know of their oversight and close the door on tis temptation. Good luck.

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  • Is it legal for my employer to install video surveillance on the lunch/break room?

    The company is an engineering firm and I don't see a reason for installing camera for at lunch room. Also there is no written notice about video surveillance.

    Allan’s Answer

    There is nothing illegal about what your employer is doing. he law prohibits such surveillance cameras in bathrooms and such other places where there is a reasonable expectation of privacy, such as showers and changing rooms. Whether you see a rationale for it is immaterial to the discussion.

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