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Jason T Brown's Answers
Contributor Level 13
- 229 Legal Answers
- 4 Legal Guides
2
Attorney answers:
Can a text message be accepted as a written resignation in an association? Can that person resind the resignation?
The By- Laws will dictate the enforceability of the resignation. Generally, they should spell out the manner in which communications are honored. Does the association have a Counsel to refer this to?
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4
Attorney answers:
Minimum wage for a licensed attorney in NY
You need to review the prevailing wage scale to see where you fit in under the Department of Labor AND since you are on an H1B, there should have been a filing with the government that already indicates your salary. The min. wage for non-tipped employees does not vary from profession to profession.
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2
Attorney answers:
What will happen with a FOA 900.00 zt charge (fugitive warrant) if the person is fighting extradition?
In all likelihood if NJ wants to extradite him from NYC it will happen and the time spent fighting it could keep your friend locked up longer in NYC while awaiting to be processed to NJ. If there is a VOP (which could mean either violation of probation or parole) it means that your friend has pled gulity or was found guilty of some crime and NJ will now consider him a flight risk under State v. Jones. The class A misdemeanor are NY charges not NJ charges. You need to have him retain a...
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4
Attorney answers:
Is there such thing as a Class Action Wage Discrimination?
There are many remedies under the law for unequal pay based on race. I have litigated such matters in the past and am interested in hearing more about the proofs to substantiate this case. Often times the employer (in this case the government agency) will point to things such as education, experience and/or performance and allege that the pay disparity is based on those criteria. I filed a class action in New York against a fortune 500 company based on the practice of paying white males more...
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4
Attorney answers:
After EEOC complaints, now org has HR rep sit in on meetings where I am assigned new work.
Do you have representation in the EEOC complaints and retaliation complaints? It sounds like you are being further retaliated against if they are treating you differently by having HR sit in on all your meetings, if they are not doing this with other employees. Please consult counsel regarding your rights and best of luck.
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4
Attorney answers:
My dad went to the hospital with severe chest pain and coughing blood.
There may be a case for medical malpractice. A firm like ours would send away for the medical records and pay for them and review them at no cost to you and determine whether there is a case. I wish your family the best. Blau, Brown & Leonard, LLC (800) 9100-LAW
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4
Attorney answers:
Should I take the Polygraph?
The Employee Polygraph Protection Act of 1988 (EPPA) generally prevents employers from using lie detector tests, either for pre-employment screening or during the course of employment, with certain exemptions. Employers generally may not require or request any employee or job applicant to take a lie detector test, or discharge, discipline, or discriminate against an employee or job applicant for refusing to take a test or for exercising other rights under the Act. In addition, employers are...
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2
Attorney answers:
What would the employer obligation be for back pay if an employee has volunteered to go without pay from time to time?
Unless there is a qualified exemption under the law, you must pay your employee wages for all hours worked under the FLSA. New York has even more protections with a six year window for recovery. You also are in violation of Federal and State minimum wage laws. A lawsuit would entitle the employee to double damages plus attorney fees, which could be considerable for both sides if fully litigated. The argument that the employee "volunteered" to work will fail even though the economic...
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4
Attorney answers:
Iam looking to hire a employment lawyer for helping me with an appeal
As my colleagues wrote - this requires more information to answer. It is rare for counsel to take an appeal on contigency, since if you lost at the trial level, odds are against you even further during the appellate stage AND even if you win the appeal, you still have to litigate the underlying portion which translates to double the work, ten times the risk and less of a reward. Sorry for the candor. But if you are more descriptive with your issue, perhaps someone will take an interest to it....
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5
Attorney answers:
I cut half off my pinky off at work in connecticut should i have received compensation for it?
Sorry to hear about your injury. You need to retain a workers compensation lawyer in CT who can file a claim for you. If there were any products used that contributed to the event, you might want to speak with a products liability attorney as well. Best of luck.
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