Michelle J Douglass’s Answers

Michelle J Douglass

Somers Point Employment / Labor Attorney.

Contributor Level 6
  1. I work for a school district and over the past 6 months I have been treated horribly

    Answered about 1 year ago.

    1. Michelle J Douglass
    2. Christian K. Lassen II
    2 lawyer answers

    The timing of all the events you describe is important. For instance, if the time frame within which your boss "got caught" not paying you overtime (and you were the person responsible for the boss having to legally pay you overtime) and your firing is close in time, you may have a strong case for FLSA and CEPA retaliation violations. Also, you may have claim for invasion of privacy for the employee having gone through your personal items. What actually was in the personal items? If it was an...

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  2. I received a Dismissal and Notice of Rights from EEOC: they checked off: The EEOC issues the following determination:

    Answered about 1 year ago.

    1. Elizabeth Tandy Foster
    2. Darrel S Jackson
    3. Michelle J Douglass
    4. Herbert J Tan
    4 lawyer answers

    You received a Notice of Suit Rights meaning you have the right to file a lawsuit in Federal Court for violations of the federal laws pertaining to disability, genetic information and age discrimination in employment, but, you must do so within the 90 days from receipt of the Notice of Suit Rights letter you received from the EEOC. The Notice of Right To Sue is not a guarantee that you have a viable cause of action, it simply means that the EEOC has cleared you to pursue a claim in federal...

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  3. Can I sue a recruiter for disclosing my employment status/history to former co-workers?

    Answered about 1 year ago.

    1. Michelle J Douglass
    1 lawyer answer

    There would not seem to be a legal cause of action for the situation you describe. Unless the recruiter/former co-employee published false, misleading or intentionally interfered with your new employment in such a way as to cause you economic harm, the information disclosed does not violate the law. The recruiter's actions may have violated the recruiter's policy but this is not tantamount to a violation of the law. It is also questionable as to whether the disclosure may have violated the...

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  4. I was terminated due to my background, and I put it on my application is there anything I can do about it?

    Answered about 1 year ago.

    1. Christine C McCall
    2. Joseph Franklin Pippen Jr.
    3. Michelle J Douglass
    4. Brian Kenneth Dinicola
    5. Gian M. Fanelli
    5 lawyer answers

    Your situation is a rising problem in the U.S where a number of people have been convicted for past charges, such as drug offenses committed in their youth and a record these offenses remain into adulthood despite a record of law abiding behavior since. According to one estimate, there are currently over 12 million felons in the United States, representing roughly 8% of the working-age population. The Equal Employment Opportunity Commission has interpreted the Civil Rights Act to require that,...

    3 lawyers agreed with this answer

  5. Was I wrongfully terminated?

    Answered about 1 year ago.

    1. Alix R. Rubin
    2. Yolanda Navarrete
    3. Michelle J Douglass
    4. Herbert J Tan
    4 lawyer answers

    For specific information as to whether you have a case, see The Douglass Law Firm vlog at http://www.douglasslawfirm.com/#!vstc0=vlogs. It appears that you may have a legal cause of action for wrongful termination based on the fact that you were injured on the job and fired in close proximity to this event. Your employer may have fired you because you are a workers compensation liability; or because you would lose time form work. Additionally, did you ever report the failure to have safety...

    1 lawyer agreed with this answer

  6. Can a certified auto sales associate be denied commissions earned on sales?

    Answered 5 months ago.

    1. Peter Joseph Lamont
    2. Yolanda Navarrete
    3. Michelle J Douglass
    3 lawyer answers

    A sales commission is a sum of money paid to an employee upon completion of a task, usually selling a certain amount of goods or services. Employers sometimes use sales commissions as incentives to increase worker productivity. A commission may be paid in addition to a salary or instead of a salary. The Fair Labor Standards Act (FLSA) does not require the payment of commissions. However, if you have a contract or a past practice that governs the method in which you were paid for sales you were...

  7. Can an employer require an indepth psychiatric evaluation on an employee who left a semi suicidal note

    Answered 6 months ago.

    1. Fred S Shahrooz-Scampato
    2. Natalia V Shishkin
    3. Michelle J Douglass
    3 lawyer answers

    An employer has an obligation to act if and when it knows that an employee may pose a threat of harm to anyone in the workplace. An employer may not be able to force an employee to undergo a psychiatric evaluation; but it may request an employee to undergo one to determine whether that employee may safely resume his or her duties. The employee may refuse, however, in an at-will employment situation, the employer may terminate the employment relationship.

  8. I worked `under the table` at a restaurant for almost 3 years, I have since left and am still owed 8 weeks of payroll.

    Answered about 1 year ago.

    1. Robert Bond
    2. Yolanda Navarrete
    3. Fred S Shahrooz-Scampato
    4. John Arthur Daniels
    5. Michelle J Douglass
    5 lawyer answers

    You state that you are owed "8 weeks of payroll" and that you worked "under the table" at a restaurant for almost 3 years. In the event that you are claiming to be owed for 64 hours a week at $1 an hour "on the table", that is, you were reporting to the IRS (and presumably, your employer too) that you were working at 64 hours a week at $1 an hour, you have a legal claim to this money. The problem is that under the law, your employer was required to pay you the minimum wage of $2.13 an hour(...

  9. My employer will no longer pay me commission - after 15 years of employment can I quit and collect unemployment?

    Answered about 1 year ago.

    1. Fred S Shahrooz-Scampato
    2. Alix R. Rubin
    3. Michelle J Douglass
    3 lawyer answers

    Your employer may change the terms of compensation with notice to you. Your employer cannot withhold commissions on work performed and on which you performed based on a commission fee arrangement. The proper course of action s the contact the NJ Wage and Hour Board in the event that your employer continues to withhold commission on work performed. You should not simply quit as you risk being denied unemployment compensation insurance benefits. Moreover, a recent NJ Appellate Division case has...

    1 lawyer agreed with this answer

  10. Can I sue an employer for terminating me as a result of management misleading me as a new employee.

    Answered 6 months ago.

    1. Leizer Z Goldsmith
    2. Michelle J Douglass
    2 lawyer answers

    It is uncertain what you mean by "capturing deposits." If the direction by your employer was in any way impermissible under the law and you refused to participate in that activity, you may indeed have a whistle blower claim for wrongful termination from employment. You also might attempt to threaten to file a lawsuit for fraud and misrepresentation just in the hopes of negotiating with the employer the removal from your record of a termination from employment.

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