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Allan E Richardson

Allan Richardson’s Answers

766 total


  • 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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  • Can I refuse to be made hourly & collect unemployment?

    My job just told us that everyone is going to hourly (instead of salaried), suspension of holiday/vac/sick, & you will only work when you have work. I am not comfortable w/this but don't know if I can ask for a layoff instead. Company struggling f...

    Allan’s Answer

    You present a number of issues and have at least two options. I suggest you invest in a consultation with an experienced employment attorney to go over your situation in detail. Good luck.

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  • Are there any limitations to what a defense attorney can do to run up the Plaintiff's attorney's fees?

    This would be for a Plaintiff either going for arbitration or for Trial against a Condo Association. Are there any limits to the abuse the defense attorney can take when it comes to running up needlessly the Plaintiff's attorney's fees? Also, wh...

    Allan’s Answer

    The defense attorney has a client on whose behalf he has an ethical duty to zealously advocate, just like your attorney has a duty to zealously advocate on your behalf. Talk to your attorney about what your adversary is doing and ask whether he has grounds to seek a protective order to curtail what you perceive as abuses. As to the second questions, if you are in state court, there is no limit on the number of depositions that a party can take. Good luck.

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  • University registrar code of ethics, code of conduct, regulations and etc.

    Hi there. I was wondering if there was any rules and regulations/protocol that university registrar's have to abide by? I know it is a vague question.. I ask because my situation is somewhat complicated and I went to registrar to have financial do...

    Allan’s Answer

    Your post is way too vague to even hazard a response. I suggest you sit down a write out a chronology of what took place, then consult with an attorney. Good luck.

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  • Can NJ state demand money back after speaking to a claim examiner; approving me of the funds? After a YEAR!?

    I was unemployed last June/July of 2013, an had a unforeseen death i, which led me to leave the country for 5 days(with travel). My unemployment was held for 2 months, and after 2 months i spoke with an examiner that heard my claim , took the deta...

    Allan’s Answer

    To qualify for unemployment, you need to be ready, able and willing to work and actively seeking employment. For the week you were out of the country, you were none of these things. YOu likely will need to cough up for that week.

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  • Employment agreement

    I am currently working for an employer in New Jersey. I got a good full time offer from Virginia. My current employer has asked me to sign an agreement of " 1 year work or $3000 per month penalty" when i joined 3 months ago. I have not signed it ...

    Allan’s Answer

    Anybody with enough money for the filing fee can sue. The question is whether he can enforce this "agreement." Based strictly on what you post, this does not appear to be an enforceable agreement. I suggest you invest in a consultation with an experienced employment lawyer before taking any steps. Good luck.

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  • Am I entitled to Overtime pay as I am considered a "Professional"?

    Salaried accountant in NJ. Required to work overtime for zero overtime pay starting in January. I have read the FLSA guideline for employers regarding the professional exemption. I am not management and decisions are made by the manager. I follow ...

    Allan’s Answer

    At first glance, you would probably be exempt from overtime as a learned professional. The devil is in the details, though. It doesn't matter what your title is, the real issue is whether you are functioning as a professional as the law defines it. For example, a few years ago I represented a woman who had a law degree and was licensed to practice law. She was not practicing, and that was a voluntary decision on her part. However, she was employed as a paralegal/secretary in a law office. Her scope of independent action and decision-making was so limited that her job was truly not at a professional level. She therefore qualified for overtime. Invest in a consultation with an experienced employment lawyer. Good luck.

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  • I have a problem my boss harass me often he screams at me and tells me offence things. I want to live but i need my job.

    I'm very stress knowing that everyday I'll get scream at or call names from my boss

    Allan’s Answer

    There's no law that requires a boss to be nice to his employees. The law gets involved to protect employees when they are being treated adversely because of their membership in a protected class. These include race, gender, age, disability, whistleblower status, among many others. You should consider investing in a consultation with an experienced employment lawyer to determine whether you have a claim or merely a jerk as a boss. Good luck.

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  • Can an employee of a government agency be forced to move full time to another agency which is managed through a contract?

    I work a housing authority which manages another authority through an Inter Local Services Agreement. I was recently told that after the New Year I am to vacate my office and will be moving from Full Time to the Authority we manage through a cont...

    Allan’s Answer

    As a general rule, management can legitimately set your days and hours of work and where you will do it. There are some exceptions, such as when a union contract or a personal contract says otherwise. You may wish to invest in a consultation with an experienced employment lawyer to see if those exceptions - or any other - apply to you. Good luck.

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