You need to make two investments. First, make an investment of time and thought to put together a detailed account of what happened and when, specifying who was involved by name and title. Preferably, you should put this together in chronological order. You will need this to organize your thoughts both for your meeting with an attorney and to refresh your recollection during any resulting case. Second, invest in a consultation with an experienced employment lawyer. Especially since your case is...
My colleagues have provided useful responses to this question, but let me add a little more insight. A big part of a decision to take a case is the impression a potential client makes and my assessment of how that will play in front of a jury. For example, if the potential client has face tats and visible piercings, I can almost guarantee that I won't take the case, no matter how strong the facts are, because most jurors will be turned off. My feel for how the client and I will get along for...
As a general rule, if you have a green card, you have the right to stay here and work anywhere that will employ you. Having said that, it would be well worth your time to consult with an experienced employment lawyer to see just what your contract says because even if the company can't get you deported, there may be a clause in your contract that could cause you difficulty. Many attorneys, myself included, will review documents sent via email and engage in a phone consult, payable via credit card.
In general, yes, so long as the negative feedback is truthful. A prudent employer will limit information on a former employee to beginning and end dates, position held and, often, salary, but there is no legal requirement limiting them to that scant information.
Based on the limited information you supplied, you may have a claim under the Fair Housing Act and possible under the New Jersey Law Against Discrimination. I suggest you invest in a consultation with an attorney who is experienced in discrimination claims. An employment lawyer may be your best bet because most claims of discrimination arise in the employment setting. Good luck.
Yes, you can say no. Your employee can terminate you on the spot if you do, though. What you might want to consider is telling them you will sign it if they make it financially worth your while. Good luck.
New Jersey looks on non-competes with disfavor, but will enforce them if they are reasonable as to geographic scope, duration and subject matter, that is, the type of business. A perpetual bar would be unreasonble and no court would enforce that. New Jersey, hoever, will blue pencil such an agreement and make a time limit tht is reasonable if the balance of the document is enforceable. For review of such a document, you don't need a nearby atorney. I routinely review contracts sent to me via...
For at will employees such as you appear to be, there is no legal requirement to be paid severance. Some companies provide severance as a matter of policy or through contract, but that is a private matter, not one of law. Likewise, the company is under no obligation to agree to let you work out the notice period, unless there was some agreement in place beforehand. As to unemployment, file for it and explain how you came to be unemployed. Make it clear you did not quit. You may qualify. Good luck.
I cannot address standards for mediation in California since I do not practice there. I do, however, serve as a mediator in New Jersey and in our state a mediator would be ethically prohibited from taking you on as a client in the same matter. As a mediator, I learn confidential information from all participating sides and it would clearly be unethical to turn around and use that information to advocate on behalf of one party. Look for another lawyer.
There's no painless way out of a lawsuit once it is filed. Expect to spend at least two years in litigation before your case is called to trial, so expect legal costs to mount dramatically. From your sparse set of facts, I cannot state that your attorney is doing anything unreasonable. If you want a second opinion, my office is in Woodbury and I have experience in libel/slander cases.