Malik K. Cutlar’s Answers

Malik K. Cutlar

Alexandria Litigation Lawyer.

Contributor Level 7
  1. Our CEO has sexually harassed employees. If I confront him and am fired, do I have a retaliation case?

    Answered about 2 years ago.

    1. Malik K. Cutlar
    2. David Gary Jones
    3. Susan A. Wuchinich
    4. Arinderjit Dhali
    5. Kevin Rindler Madison
    5 lawyer answers

    Generally, an employer may not fire, demote, harass or otherwise "retaliate" against an employee for filing a charge of discrimination, participating in a discrimination proceeding, or otherwise opposing discrimination. In your situation, if you are opposing on-going sexual harassment in the workplace or are providing a witness statement regarding a pending EEO claim, you would likely be protected. Of course, if you suffered an adverse employment action, you would also have to show that your...

    5 lawyers agreed with this answer

  2. Executive Employment Contracts

    Answered about 2 years ago.

    1. Rixon Charles Rafter III
    2. Malik K. Cutlar
    2 lawyer answers

    Yes, there are lawyers experienced in this area of law, but not necessarily in the Chesapeake area. You should search Avvo or google attorneys experienced in employment law that may be able to assist you. I am attaching a link to an article I wrote some years back regarding executive employment agreements that you may find helpful.

    1 lawyer agreed with this answer

  3. I may get an one time lump sum severance pay from my previous employer. will this affect getting un_employment compensation ?

    Answered 11 days ago.

    1. Matthew T Famiglietti
    2. Malik K. Cutlar
    2 lawyer answers

    It really depends on the language that is in your severance agreement and how it is worded. You really should have a lawyer review the agreement upon receipt. In some instances, a lawyer may be able to provide language that you can request from your former employer to specifically deal with the issue of your filing for unemployment compensation. In some instances, this is not feasible. Again, it really depends on the language in the agreement and circumstances surrounding your severance.

  4. Work place administrative leave for investigation

    Answered 9 months ago.

    1. Malik K. Cutlar
    1 lawyer answer

    It is not unusual for an employer to place the target of a workplace investigation on administrative leave during the time of the investigation and/or until a preliminary conclusion has been reached regarding the investigation. Typically, the employee is informed of the who, what, where, and why after the investigation is well under way or a preliminary conclusion has been reached. The employer has the right to investigate allegations of wrongdoing in the workplace and has latitude in...

  5. I work for a retirement Home as the Security Manager if I am conducting an investigation do I need to read someone their rights

    Answered over 2 years ago.

    1. Malik K. Cutlar
    1 lawyer answer

    Since you are not a state actor, meaning a sworn police officer, sheriff's deputy, or some other law enforcement official employed by the Commonwealth, you do not have the responsibility of providing someone Miranda rights when questioning them pursuant to a workplace investigation. However, you may have a responsibility per your job to report a crime if one has been reported to you.

  6. I am in a continuing custody war with my ex partner, she can afford to use her attorney, I cannot. How do I fight back?

    Answered over 2 years ago.

    1. Malik K. Cutlar
    1 lawyer answer

    You may try contacting Legal Services of Northern Virginia. If your case is outside their jurisdiction, they may have a referral to a similar type of organization. If you do not qualify under their income guidelines, you might try contacting a lawyer through the Virginia Lawyer Referral Service. You pay a small fee to the Service and get up to a half of an hour consultation with a lawyer. From your description, it appears that you will need to obtain a lawyer to represent your interests one...

  7. I was recently terminated from a job based on a violation of policy, that is often broken by other employees, can I sue?

    Answered over 3 years ago.

    1. Malik K. Cutlar
    2. Michael S. Haber
    3. Hayley R. Greenberg
    4. Eric L. Pines
    4 lawyer answers

    Generally, if you have violated an employer's work policy and are fired based upon violation of that policy, you will not have a valid claim unless you can show that others in your position (or very similar employee position) violated the same policy and were not disciplined in the same manner; AND the difference in treatment was based upon an illegal classification such as race, gender, age, national origin, etc. Personality conflicts or favoritism that does not relate to one of the...

  8. I am always getting served with disciplinarian letters from my employer can this be considered harassment?

    Answered almost 4 years ago.

    1. Malik K. Cutlar
    2. Locksley O'Sullivan Wade
    2 lawyer answers

    Generally, harassment in the context of employment cases must be based upon an employee's race, gender, religion, or some other protected category. In addition, the harassment must be severe and pervasive. Three disciplinary letters for absenteeism and lateness over a three month period would probably not be severe or pervasive -- even if you are being singled out as compared to others who have been absent or late. In addition, if you were on paid medical leave for your injuries, as opposed...

  9. Can my soon-to-be ex employer withhold commission on sales orders signed by the customer and booked, but just awaiting shipment?

    Answered almost 4 years ago.

    1. Malik K. Cutlar
    1 lawyer answer

    When a commission is "earned" usually depends upon the language in the commission plan, and whether there have been court rulings that define when a commission is earned regardless of what is in the commission plan. From your description, the commission is earned only when the units ship. Perhaps that is in the plan because before shipment a customer may be able to cancel the order due to delayed shipment or some other reason. I do not know if that is the case, but it may be the rationale...

    1 person marked this answer as helpful

  10. EEOC mediation. I am the former employee.

    Answered 11 days ago.

    1. Joel Efrem Cohen
    2. Amanda Jean Leblanc
    3. Malik K. Cutlar
    3 lawyer answers

    That is really hard to answer as it depends on the local EEOC office and their caseload. It could take anywhere from several weeks to several months or longer. I have known some EEOC offices to inquire first of the employer as to whether it is interested in mediation with the assumption that the employee will likely be willing to try and resolve the Charge. I have seen a number of occasions where the EEOC office will just inform the employee that the employer was not interested in mediation;...