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Brian M Gottesman

Brian Gottesman’s Answers

105 total


  • Amazon Fulfillment Center - Applied with only Night Availability - Hired for Nights but, now, switched to Days before Day One.

    Hi folks - looking for thoughts on this scenario. I feel that they offered me a position and now have, in essence, rescinded it by offering a shift I said I couldn't work. (1) 6/15 - Applied in person. Stated nights only availability. (2)...

    Brian’s Answer

    Delaware is an at-will employment state, meaning that you can be terminated for any reason at any time unless the reason is unlawfully discriminatory.

    Unless you had an employment agreement that specified the hours and pay, and had a term of employment, the company is not obligated to give you nights even if that's what you originally signed up for. You are certainly not under any obligation to work days, but they are not obligated to keep you if you refuse.

    If you believe you are being treated this way for an unlawfully discriminatory reason (race, sex, sexual orientation, national origin, religion) you may have a case under federal and state anti-discrimination statutes, but nothing in your description suggests that's the case.

    If you left another job based on the promise of night work, or you incurred other expenses (training, equipment) on the expectation of being given night work, you may have a case for promissory estoppel against Amazon, but that is going to be a very tough case - the reliance must be "reasonable" and I'm not sure whether that can be established given the at-will employment.

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  • My grandson is in a prison based drug treatment facility, and said he's getting backlash for filing a grievance against a guard.

    After his transfer for treatment, he states that he filed a grievance against a guard who used inappropriate language and gestures. Shortly after, he's suffered multiple humiliations, stood before his peers and ridiculed repeatedly, learning disa...

    Brian’s Answer

    Your grandson may want to file with the Federal Civil Panel:

    http://www.ded.uscourts.gov/federal-civil-panel

    If his case is accepted he would be assigned a volunteer lawyer to represent him.

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  • My father passed away and left the house to my brother and myself with a mortgage. I live in the house my brother doesn't

    is he still responsible for half of the mortgage?

    Brian’s Answer

    I would have to review the mortgage to advise you on your specific rights and duties. If you and your brother assumed the mortgage it was very likely under a joint and several liability. That means that the mortgage company can go after either one of you for the full amount. You could seek a court order for contribution from your brother, but from the mortgage company's perspective the division of the mortgage is not their problem.

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  • Debt collection and statute of limitations?

    A couple of weeks ago, a debt collector called me (and several family members) to tell me I was going to be "served" and a wage garnishment was being sent to my employer the same day.This debt is valid. However it is well past the 3 year statute f...

    Brian’s Answer

    Provided the lawsuit in which the judgment was granted was filed within the statute of limitations, there is no statute of limitations for collections of most judgments.

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  • I want a representative in United States for all legal requirement to form and run my LLC.

    I am from India and want to form a LLC in United States for my online business which I will operate from India. I need someone to take care of all the legal requirements for forming and filling annual return and running it. I need to open ...

    Brian’s Answer

    You do not need a physical presence in the U.S. in order to operate a local (for example, Delaware) subsidiary. Any law firm that deals with business entity formations should be able to guide you through the procedural aspects. You will need to discuss with an accountant or tax specialist who is knowledgeable about cross-border tax issues.

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  • I was wrongfully fired for "fraudulent action", and I don't want this to affect me in later job searches

    The new manager of my work heard a rumor that I was using other managers passwords to perform exchanges and returns, an action that only managers are allowed to do (I was a sales associate). Instead of asking me for an explanation, I was accused o...

    Brian’s Answer

    You can't legally control the manner in which they report the termination reasons unless you (a) enter into some kind of settlement with them or (b) win a judgment against them in court.

    If the charge is false and they have communicated it to third parties, you have a case for defamation. Proving defamation is going to be tricky because the burden will be on you to demonstrate the falsity of the statement.

    If you think your termination was actually for another reason, you may have a claim for the breach of the covenant of good faith and fair dealing under DE law (it is unlawful in Delaware to give a false reason for termination, even if the true reason is not actionable). If the "fraud" was a pretext for an unlawful termination (for example, discrimination based on race, sex, etc.), then you could have federal and/or state employment discrimination claims. The deadline for such claims often runs very quickly so do not waste any time speaking to an attorney if you think this is what happened.

    Companies often agree to specific terms regarding reporting reasons for termination and other details of employment to avoid threatened or pending litigation.

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  • Can I break my lease due to No Contact Order?

    I recently had a no contact order issued against me which prohibits me from contact to a specific person and the residence. The residence is rented in my name only. Am I legally allowed to break the lease since I have a no contact order prohibitin...

    Brian’s Answer

    Depends on the terms of the lease agreement but most likely not. The landlord is presumably not a party to whatever action resulted in the no-contact order. You might be able to use the no-contact as a defense if the landlord sues you (under a doctrine of impossibility or impracticality) but there's no guarantee a court would allow you out of the lease under the circumstances.

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  • My boyfriend and I broke up We have a 1yr old together but my family is in a different state Am I able to leave the state w her?

    He has a background history for violence and he's bipolar I honestly don't trust him with her at all. He doesn't care for her like I do he doesn't change diapers, dress her, feed her,nothing.

    Brian’s Answer

    Depends on many factors. If you were unmarried, has your boyfriend acknowledged paternity? Is he listed as the father on the birth certificate? Is there a custody order in place?

    These sites may be instructive:
    http://resources.lawinfo.com/family-law/do-i-need-the-other-parent-s-permission-to-mo.html
    http://resources.lawinfo.com/family-law/when-does-an-unmarried-father-acquire-parenta.html
    https://www.childwelfare.gov/pubPDFs/putative.pdf#page=4&view=Summaries of State laws

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  • Concern about general contractor not paying subs, what to do if I think it's delaying progress on completion of my house?

    I hired a general contractor to build a home for me on land I already own. After being given a time frame of 4-6 months for completion. We are currently on month 11 and the drywall is supposed to go up next week. I ran into one of the subs that I ...

    Brian’s Answer

    Without looking at your contract it's impossible to say, but there is almost certainly a responsibility on the part of the GC to pay subcontractors that he retained to work on your house. If he's not paying them you probably have recourse against him.
    Ms. McMahon is quite right to caution you - the sub can file a mechanic's lien against the house if he is not paid. You would be able to go after the GC for contribution/indemnification but the lien would not be lifted until the sub is paid.

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  • Is a S Corporation protected in the event of a divorce?

    A ranch is incorporated and shares are split 50/50 to each brother. Ranch has been in family since late 1800's, but he has bought out 2 other siblings while being married. He has also acquired another ranch while married that is under corporatio...

    Brian’s Answer

    I agree with both of the answers above. I will just add that there may be a shareholders' agreement that governs how shares are treated in a shareholders' divorce; for example, by requiring that the shares awarded to the spouse be voted in a certain way or sold back to the company at a specified valuation.

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