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Russell L Lichtenstein

Russell Lichtenstein’s Answers

2 total

  • Employment Law

    I was employed for said company between 1/08 and 2/09. Last April I filed a complaint with the Colorado Labor board because they (said co.) were approximately $6000 behind in paying me commission and approximately $730 behind in travel expenses. T...

    Russell’s Answer

    You know what they say -- if it waddles like a duck, and quacks like a duck, it's probably a duck. It certainly sounds like you have been the subject to unlawful retaliation for engaging in the legally protected activity of reporting CLB violations to the Board. Your chances of success improve in such a claim because of your former employer's inability to come up with a story that they can stick to (first you are terminated "because they can" and now because of some alleged insubordination.) My strong advice is to immediately seek an employment law specialist in Colorado.

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  • If a former employer tells the unemployment compensation board my reasons for leaving were 'irrational'. Can I sue for libel?

    I resigned my position after my employer broke a verbal contract promising my reassignment to a more lucrative position. I've been advised that it is difficult if not impossible to sue for such a thing in Florida due to 'right to work laws'. The c...

    Russell’s Answer

    While state laws differ on this topic, the majority view is that statements made by employers in connection with unemployment inquiries enjoy a qualified privilege. Moreover the "irrational" comment appears to be more a statement of opinion rather than an actionable statement of fact. Additionally, most states do not release information concerning an employers response to a request for unemployment benefits. While you should check with an employment law specialist in both Florida and Illinois, my inclination is that the actions of the employer will not provide you with a basis to bring a defamation claim.

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