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Allan E Richardson

Allan Richardson’s Answers

825 total


  • Failed Divorce Mediation

    After spending 6 months in mediation my spouse has decided the agreement is not in her best interests. We now seem to be miles apart from the agreement we came at the end of November, and at this stage I don’t see any point in continuing with the...

    Allan’s Answer

    You could receive a general assessment from an attorney based on the law, however there are often substantial variations between judgements given that judges have a great amount of discretion.

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  • Should I be concerned that a lawyer was used instead of a mediator or does it matter?

    Hi we are in the process of a separation and my wife is drawing up an agreement that we decided on she has a lawyer typing up the paper for me to review and sign

    Allan’s Answer

    There is no reason to be concerned that an attorney is drafting the separation agreement. When you receive it, you should also consult with a different attorney to review the agreement to advise you on your legal rights and obligations.

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  • Will my job be protected by a non-FMLA medical leave and Is there a way I can request a log of my hours as proof of their claim?

    I was injured at work on 1/25/16, and have a current workers' compensation claim open. I saw the workers' compensation doctor again today, and have been given work restrictions that my employer will not accommodate. I will be starting physical the...

    Allan’s Answer

    I agree with Mr. Yaskin. Get an experienced employment lawyer. Before you meet with the attorney, do yourself an him (or her) a service: Write up what happened in chronological order, identifying who you talked to or communicated with, when, what their role in the company is. In short, get your facts straight. It will make for amore productive meeting and, if you end up in litigation, will give you a document you can use to refresh your recollection during what may be a lengthy process. Good luck.

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  • Should you retain a firearms attorney before filing for a permit or are the chances of being rejected slim applying on your own?

    In NJ, if you voluntarily checked into a mental health facility in the past but are currently being prescribed medication for ADHD by a doctor and want to apply for a gun permit, should you retain counsel of a firearms attorney before filing for a...

    Allan’s Answer

    Ordinarily, I advise clients to apply on their own and only get me involved if they are rejected. In your case, however, you should consider consulting with an attorney to fill out your application. Make sure you have all your mental-health records and your application when you meet with counsel. The object of getting an attorney up front is to make sure the form is complete and accurate when submitted, Entries deemed false will be hard to overcome. Good luck.

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  • Can I get unemployment, I have no reason for termination nor termination letter?

    I was recently let go from my job. My manager called me in the office and stated "the best thing is to part ways". I said ok and we said goodbye. I also asked for any paperwork documenting this and he told me he would email me. I have yet to recei...

    Allan’s Answer

    Don't wait, file for unemployment. If your former employer contests it, you will get to know their side of the story and will have an opportunity to present yours. If they contest, most lawyers in field charge a flat fee for handling unemployment claims. If you have reason to believe you were terminated because of your anxiety, you may have grounds to sue. Good luck.

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  • What are my legal options regarding a supervisor altering my time sheet?

    Supervisor altered my time sheet, removing hours I worked (overtime). Submitted it to payroll without my knowledge. Later forced me to sign a paper time sheet to match what she entered into the timekeeping system. Threatened to unapprove any and ...

    Allan’s Answer

    Contact an experienced employment attorney right away. Your company may do the right thing, but there is a good chance you will turn out to be the target (I have seen this too many times to say otherwise.) Good luck.

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  • What are my rights under the FLSA?

    I worked making 19,000 a year and my company didnt pay taxes, I was mistreated and went bankrupt. I was an employee, but got a 1099. The IRS denied me a revund because they though I falsified my income. I didnt. Now I am broke and unemployed. Ca...

    Allan’s Answer

    There's not enough information in your post to determine whether you have a suit. I urge you to contact an experienced employment lawyer in South Jersey to sift through the facts and determine whether any of your legal rights have been violated. I also urge that you consider an attorney who charges a consultation fee. You get what you pay for.

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  • Would going to family court instead of mediation provide a fast answer to whether my son's mother can move out of the state?

    *I'm the father of 9 year old boy. Was never married to mother. We have been separated since 2006. *Son, his mother, and I have lived in Santa Cruz since 2008. *I have worked at University since 2008. Mother is largely unemployed. Son is...

    Allan’s Answer

    You can accomplish mediation at your own pace. Going through the court process is often not fast. This is particularly true when there are many issues to resolve. Mediation should at least help you resolve some of the issues so that there are fewer to resolve in the court process if you go that route.

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  • Will a mediator or court allow this?

    Trying to reach an uncontested divorce settlement. The mortgage is in my wife's name but we are both on title. We both paid mortgage out of our shared bank account for over 2 years. She is insisting that the home not be listed as shared marital pr...

    Allan’s Answer

    It sounds like it is marital property because you are both on the title and also because you helped pay for it. You should consult with an experienced attorney to represent your interests.

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  • Do I need to go to litigation or can this be solved through mediation?

    I filed for child support since I have my daughter full time and her mother only gets her 3 weekends a month. The mother has since quit her job and has a baby at home with her boyfriend. I live in Maryland, which is a little pricey, but has the be...

    Allan’s Answer

    You could attempt to mediate with the mother. Unless the mother has joint custody and relatively equal time with the child, she may well have to pay child support. A judge may not agree to the mother having the child for most of the summer. However, the child could attend summer camp and participate in sports while with the mother.

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