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Lawrence J. Sherman

Lawrence Sherman’s Answers

56 total


  • Is it illegal to have the title of Social Worker if I don't have a degree in social work?

    I was hired over ten years ago for a non-profit agency. My job title when hired was Social Worker. I was told by an employee of Social Services soon after I started this job that it was illegal to use the title of social worker since I did not h...

    Lawrence’s Answer

    You raise a complicated question. It would be illegal to call you or hold you out as a Licensed Social Worker, but the term social worker is fairly fluid. You should check with the state or local agency that licenses social workers and try to gain some clarification.

    The fact that the agency refers to you as a case manager appears to be appropriate corrective action. The internal document may be be ancient history or tied to pay and job classification reasons that are unrelated to your basic concern.

    You should make further inquiry on your own with the licensing authority or pertinent professional organization, but back off unless the licensing agency tells you something concrete that cause you to have concern. If you are making inquiry, look as published codes and standards governing your field.

    I believe that you are primarily raising a professional issue. While it has potential employment ramifications, they appear to already have been handled. You are not held out as a social worker and presumably supervised by professionals with appropriate credentials

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  • Can my employer search my car

    i work for pizza company that it is incorporation , we as drivers are not supposed to carry more then $20 before leaving the store, for safety reason, the corporation has an employee whose job is to make sure that every thing is running according...

    Lawrence’s Answer

    You question raises obvious privacy issues. You are not clear whether you work for a company owned store or a franchisee. The fact may be important. It is also important to know if the company published its policy in writing and whether there are any limits on the authority of the employee who monitors your activities. Are you required to provide a private car and are you reimbursed for mileage?

    As a general rule, an employer has a right to impose and monitor compliance with safety rules. You are probably an at will employee and must comply with the rule or quit. There may be a way to embarrass the employer into being more reasonable by providing the information to a member of the media anonymously, complaining to your local ACLU or forming a union to combat abuse. US law does not favor employee rights generally.

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  • Last week I found out my employer keeps our tips,can employees do something about it,can legal actions be taken in this matter?

    I have been working for a catering company for almost 5 years now and all this time there have been rumors about tips being stolen,few weeks ago a client confirmed tips are being kept from us.Client stated that she had been adding a generous gratu...

    Lawrence’s Answer

    It depends on what state in which you work, whether you signed a document authorizing the employer to keep or share in the receipt of tips, whether you are making the minimum wage for all hours worked and/or overtime pay if earned. Several states have wage payment statutes that require n employer to pay all compensation earned to its employees. These statutes provide for double or triple damages for wage underpayments and an award of reasonable attorneys' fees. The statutes also permit the employee to complain to the state or municipal law enforcement authorities and seek compensation as a result of the complaint.

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  • Is it possible for me to ask for more severance pay than what has been offered due to the circumstances in how I was discharged?

    I reached out to HR on 4/26 via email regarding setting up a meeting to discuss an issue I was having with my immediate supervisor. I wanted to touch base with them to discuss/work-through the issues I was having, as I felt the the office environm...

    Lawrence’s Answer

    Unless you have an employment contract, are covered by a legally enforceable employment manual and/or by a union contract, you are an" at will" employee. This status means that the employer can fire you at any time for any reason other than in violation of EEO, labor standards or other specific legislation. You have a right to quit at any time notwithstanding the working in any employer policy or manual.

    The law does not favor you, but you should be eligible for unemployment compensation benefits. There is something to be learned. HR is never the friend of the employee. It always acts to keep the employer out of legal trouble.

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  • Did I experience institutional discrimination at my place of work resulting in constructive discharge?

    I had worked for Co. for 4 yrs, assigned new roles w/ promotion in title & salary yr after yr. Recently, I was assigned to new position in which I would continue my current duties in addition to duties that would be assigned to me with a diminuti...

    Lawrence’s Answer

    You have a basis to claim constructive discharge. However, the claim is relatively meaningless except for demonstrating that you quit your job for good reason to qualify for unemployment compensation benefits. Constructive discharge applies in discrimination and retaliation claims brought under federal, state and local law. To prevail, you need a strong claim of discrimination and additionally evidence that the employer made your job or working conditions so intolerable that the only reasonable option was to quit and look for other employment.

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  • Do I have a case?

    I currently work fora separate government entity. After 2 years with this company there was a new position opening. It was set up for 6 months and after that I would be evaluated and a determination would be made to keep me in this position or ret...

    Lawrence’s Answer

    Your best claims are in the area of discrimination. You need to be in a protected class, treated adversely or disparately and suffered injury because of the unlawful animus. Your summary suggests a potential claim but you have not described what protected class you might fall in, whether there is evidence of animus other than exploitation through ill-concealed lies, the workforce make-up. You should consult a lawyer licensed in North Carolina. I am not licensed there but I recommend that you search on AVVO for a suitable attorney.

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  • Pay my ex employers insurance deductible?

    I was involved in a accident while driving company vehicle and was at fault. I was terminated because of it and they are asking me to pay a $1260 deductible based on a piece of paper I signed. They have withheld my paycheck and I still owe them $6...

    Lawrence’s Answer

    It is lawful for an employer to impose conditions of employment that survive the employment relationship. This agreement that you signed would appear to be an enforceable post-employment provision, and your former employer can lawfully withhold the remainder of the deductible owed.

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  • Does the job matter in car accident injury?

    When I consult lawyer about car accident, there is one of questions they always ask me what you do. Do lawyer want to know whether I have income loss or what else?

    Lawrence’s Answer

    One element of damages is lost income from employment. If you are not working, you will not suffer economic injury. You still can recover for property damage, medical expenses and pain and suffering.

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  • Can employers do this and if i give my story to a magazine or newspaper can my employer sue me?

    Hi so I work at a restaurant and I wrote a review about another nearby restaurant because there was bad service and awful food and the owner of that restaurant called the owner of my restaurant to complain and then the owner of my restaurant calle...

    Lawrence’s Answer

    Unfortunately, you are an at will employee who must obey all lawful directives of your employer, however distasteful the situation may be. You have a right to quit and the employer has a right to fire you. The situation would be different if you were protected by a union contract or personal employment contract. As an aside, you should have posted the review under a pseudonym or anonymously since you work in the same industry.

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  • Do I have a chance to win?

    I bought a car Thursday from a guy who told me that the car needed nothing and ran great, I kept all text communications, and on Friday took the car for a purchase inspection and found out it needed 2-3 thousand in repairs. I contacted the guy bac...

    Lawrence’s Answer

    You can sue in small claims court. It is fast and cheap. There are also government agencies that protect consumers who buy cars that are lemons. You should seek out help. The more to the story is don't part with the money until the inspection is done, preferably in the presence of the seller.

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