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 almost 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 almost 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. Work place administrative leave for investigation

    Answered 7 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...

  4. 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.

  5. 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...

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

    Answered about 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...

  7. 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...

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

    Answered over 3 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

  9. What are the differences between criminal prosecution of theft and a civil suit for conversion?

    Answered over 3 years ago.

    1. Charles Joseph Michael Candiano
    2. Malik K. Cutlar
    2 lawyer answers

    With a criminal prosecution, the case is brought by a state or county office authorized to file criminal cases against individuals on behalf of the public. In order to prove that the person prosecuted is responsible for the theft, the prosecutor's office will have to present evidence that will convince the judge or jury (almost all defendant's opt for a jury trial) beyond a reasonable doubt. A civil case of conversion is usually brought by an individual plaintiff against a defendant, and the...

  10. Can I to resign from my job due to it being a hostile work environment, stress on me and still recieve unemployment benefits?

    Answered over 3 years ago.

    1. Malik K. Cutlar
    1 lawyer answer

    Generally, a person who resigns from a job is not entitled to unemployment compensation. The determination as to whether you are in a legally recognizable hostile work environment will come long after you have applied for, and likely been denied, unemployment compensation. Unemployment offices generally just look at whether a person resigned (no benefits) or was fired (possible benefits); and if the firing was for any sort of misconduct, then the benefits may be denied on that basis. However,...