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Scott Ivan Fegley

Scott Fegley’s Answers

343 total


  • What should I expect and when should I settle? Also why does my attorney not contact me

    2 years ago I was in a accident with my 6 month old son. A young girl ran a stop sign doing about 40 mph (there are witnesses). I suffered 4 herniated discs and a bad knee. Thank God my son's okay. I worked off books at time ended up loosing my j...

    Scott’s Answer

    It sounds like you need a new attorney. You have a serious case and a good attorney would have kept you informed of every step he or she had taken to pursue a settlement for you. At this time, you should be concerned and ask whether the attorney filed a lawsuit in time to protect your claim. You have only two years from the date of the accident to file a claim or you lose your rights to sue. If your attorney did not file the lawsuit in time, you will have to sue your attorney for malpractice. You should consult a qualified personal injury attorney immediately.

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  • Do I have a case.I was unfairly let go

    Was in a position that was abolished they said it was a layoff because of money after 23yrs a temporary person was hired do I have a case would like to meet with a lawyer if I do.

    Scott’s Answer

    You are encouraged to consult a qualified employment attorney. Being replaced by a temporary employee in and of itself does not make your layoff illegal. However, give that you worked there 23 years there could potentially be issues of age discrimination. Too many additional facts are needed.

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  • Terms and condition of my original employment offer has been changed. What should I do in this scenario?

    According to the signed employment offer letter dated Feb 2012, Key Performance Parameters (KPP) bonus will be made in 2 equal payments after the first 6 months of the calendar year and the end of the calendar year. In 2012 and 2013 everything was...

    Scott’s Answer

    What you can do depends on whether the bonus Is discretionary or whether it is based on achievement of certain goals or objectives. If the bonus is discretionary, the employer can choose not to give it or alter the terms any time. If the bonus is based on you meeting certain objectives, and you have met them, the employer cannot turn around and deny the bonus. It may change the parameters or objectives for a bonus in the future, but not retroactively.

    First, I'd recommend a consultation with a qualified employment attorney who can read your offer letter and get more facts about the history of your bonus payments. If indeed you have met the bonus requirements and the employer is reneging on its promise, you may have legal remedies against your employer. However, you have not provided sufficient information here to make that determination.

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  • What recourse do I have at work?

    One of my bosses has made homophobic comments to me which makes me very uncomfortable. I have several people in my life who are gay and these comments are very inappropriate. Most recently I was told they did not go to a doctor I recommended becau...

    Scott’s Answer

    Unfortunately, unless you are gay yourself and are being harassed or discriminated against on that basis, you have no recourse.

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  • Can my employer decide not to pay me my owed salary and severance because he is closing the business?

    My boss just told me on Friday he is "closing the doors" and the business is done. He still owes me my first week of pay that was withheld, money he never paid me for two pay periods ago, a paycheck for the current pay period (ending next Friday)...

    Scott’s Answer

    No. He cannot. He owes you your wages up to the termination of your employment, although perhaps not the severance pay unless you have it in writing. He may be personally liable to you for your wages under PA's Wage Payment & Collection Law. Contact a qualified employment attorney to assist you. Our office is located in Yardley.

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  • How many days prior to the motion date does the adversary have to apply for an extenstion?

    Our court date is scheduled for mid December, can the adversary ask for an extension only days before?

    Scott’s Answer

    There is no specific rule. An attorney can ask for a continuance on the day of a motion hearing, but it is within the court's sole discretion as to whether or not to grant the continuance. The closer to the date of the hearing, the better the reason an attorney must have for a continuance. For example, if an attorney requests a continuance within 24 hours of the hearing because of a death in the family, it will likely be granted. If the attorney requests the continuance simply because he is unprepared, most likely not.

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  • Is it illegal.

    I work for a drug and alcohol counseling agency as a driver and I have been there over a year. We get paid bi-weekly. Anyhow, the owner does not pay time and a half for hours that exceed 8 hrs. Also, if we work over eighty hrs during the bi week p...

    Scott’s Answer

    It certainly appears to be illegal. An employer must pay time-and-a-half for all hours worked in excess of 40 hours per 7-day work week. An employer cannot move hours around to move excess hours into a week with less hours to avoid overtime. You should promptly contact a qualified employment attorney to assist you. You live in NJ but do not say in which state you work for the employer. Be sure to find an attorney who practices in the state where the employer is located or where you worked for the employer.

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  • In which Court I should file the Lawsuit under the New Jersey Wage payment Act.?

    In which Court I should file the Lawsuit under the New Jersey Wage payment Act.? I had filed a wage claim with New Jersey Department of Labor and Workforce Development. They have told me since my wage claim is $206,000, I need to file a lawsuit. T...

    Scott’s Answer

    I also agree with the other attorneys that you should retain an attorney with that much money involved. But to answer your question, for a claim under the NJ Wage Payment Act, you should file in the NJ county in which the employer has a principal place of business or where you did your work. There may be other statutes or remedies that a qualified employment attorney may be able to raise as well.

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  • Can my employer clock me out without warning?

    Several times I have worked through my lunch breaks and also, on Friday October 23, she clocked me out at 12:30 and at 12:45 when I checked my total hours for the week, I found she had clocked me out at 12:30pm, no email no warning o nothing, can ...

    Scott’s Answer

    An employer can require you to clock out, but an employer cannot clock you out and require you to keep working off the clock. Wal-Mart did that and ended up with a $100 million plus verdict against it a few years ago. If your employer is requiring you to work off the clock, you should consult a qualified employment attorney for assistance.

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  • Can a person get fired and denied all benefits after 12 years working for a company for drinking at home?

    I have been working for a company for 12 years. I have no prior incidents, was a faithful employee, never took a day or arrived late, never got a warning and always met my quota. The supervisor at the place is constantly threatening employees wi...

    Scott’s Answer

    Yes, your conduct is grounds for discharge as most employers I know have a written policy prohibiting coming to work under the influence of alcohol or controlled substances. In order to be denied your unemployment benefits, however, the employer must have such a written policy. If it does not have a written policy, you may be able to collect unemployment benefits.

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