Richard D Carter’s Answers

Richard D Carter

Alexandria Litigation Lawyer.

Contributor Level 5
  1. What should my girlfriend do about this issue.

    Answered over 1 year ago.

    1. Anneshia Miller Grant
    2. Peter Anthony Jabaly
    3. Richard D Carter
    4. Merritt J Green
    5. Marilynn Mika Spencer
    5 lawyer answers

    The most important thing for her is to first seek proper medical care. Her health is far more important than a job. That medical care will be helpful if she needs time off or certification of the medical necessity of her leave. if she works for a Government or a private employer of more than 50 people (including affiliated companies) and has done so for a year, she is eligible for the Family Medical Leave Act (FMLA.) FMLA mandates 12 weeks of unpaid medical leave per year. My suggestion is for...

    1 lawyer agreed with this answer

  2. Can a restaurant business not take out ss and Medicare but can take out health insurance and not info there employees

    Answered over 1 year ago.

    1. Richard D Carter
    1 lawyer answer

    If you are an employee a business owner is required to take out income, Social Security and Medicare Taxes (FICA). If you are getting health insurance it sounds like you are an employee so, yes your employer should be witholding this as well as paying their share.

    1 person marked this answer as helpful

  3. Is it legal to not recieve any sort of health insurance, nor raise or paid holiday as a 30 hour a week part timer?

    Answered over 1 year ago.

    1. Leonard Roy Boyer
    2. Robert John Murillo
    3. Adam Kielich
    4. Richard D Carter
    4 lawyer answers

    No federal law requires health insurance, paid holidays or a raise for part time work. Sorry.

    2 lawyers agreed with this answer

  4. I lost personal property in a house that collapsed. The insurance agent took an itemized list, admitted negligence, but now he

    Answered over 2 years ago.

    1. Richard D Carter
    2. Pamela Koslyn
    2 lawyer answers

    First, I would call again if only to leave a message at his firm, there may be someone else who will help if he had a legitimate emergency. However, I strongly encourage you to put your report and concerns in writing. Many insurers will not even acknowledge phoned in reports. Virginia law allows insurers to avoid coverage for even an inconsequential delay in reporting. The report should go to the Insurance Company with a cc to the broker. Your report, at a minimum, should state: the date of...

  5. About Insurance through an Employer

    Answered over 4 years ago.

    1. Richard D Carter
    2. Sam Louis Levine
    2 lawyer answers

    It really depends on whether you are required to pay a portion of the insurance in addition to the amount (if any) contributed by your employer. It is common for insurers to raise rates on people who have turned 60 years of age.

  6. Can an employer withhold my 401 (k) money upon my termination to pay themselves back for unpaid advances on my payroll?

    Answered over 1 year ago.

    1. Adam Kielich
    2. Robert V Cornish Jr.
    3. Richard D Carter
    3 lawyer answers

    No employer may take money from an employees 401(k) plan for any debt not related to the Plan. While a certain delay for processing is common, your co-worker is absolutely correct. ERISA mandates that no part of your pension contribution may inure to the benefit of any employer.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. What can I do when my health insurance refuses to pay for medications the plan specifically states it covers?

    Answered over 1 year ago.

    1. Dannae Lynne Delano
    2. Richard D Carter
    2 lawyer answers

    As another poster suggested you need to get a copy of the Plan from your employer. I would suggest you get the full Plan not just the SPD ( an SPD is a summary written in Plain English) as a recent Supreme Court case says only the Plan counts. It must not be inconsistent with the advertising materials regarding what is paid. Ask for your Plan from the employer IN WRITING. They will have 30 days to provide it. Do not spend time on the phone as the only thing that counts in ERISA is what is...

    1 lawyer agreed with this answer

  8. Position eliminated upon return from maternity leave for 2 employees. Is this FMLA violation?

    Answered over 1 year ago.

    1. Eric Michael Walter
    2. Jonathan D. McDowell
    3. Adam Kielich
    4. Richard D Carter
    4 lawyer answers

    It appears you have a claim for employment discrimination. You were a member of a protected class (woman and pregnant), you suffered an adverse employment action and they do not seem to have a justifiable reason for this. I would contact your local human rights office or the EEOC who will conduct a free investigation and if the facts warrant it sue your employer. You should also contact a reputable employment lawyer.

    1 lawyer agreed with this answer

  9. My 3 year was diagnosed with Hyperthyroidism at birth. He will be on medication for life. can i get disabilty?

    Answered over 1 year ago.

    1. Richard D Carter
    1 lawyer answer

    The short answer is maybe. You should visit the thee Social Security website ,www.ssa.gov and view the information titled "Benefits for Children with Disabilities" which will address your particular situation. Please remember that most Social Security lawyers would evaluate your case for free and take your case on a Contingency. You may not have to pay out anything up front.

    1 lawyer agreed with this answer

  10. I lost health insurance because employer lied about size of org. Told Feb. 22 that coverage had ended Jan 1. Do I have recourse?

    Answered over 1 year ago.

    1. Russell E. Adler
    2. Richard D Carter
    2 lawyer answers

    Since it is part of your employment conditions, even if the insurance company is off the hook the employer, as Plan Sponsor and the individuals who screwed up are on the hook for any costs that accrue to you. I doubt that this would be considered a break in coverage but the insurer could try. If that happened the employer would be liable for your care. See what happens in the next few months to you or your co-workers. Also make a WRITTEN request for coverage docs with dates of coverage. If...

    1 person marked this answer as helpful