John W. Roper's Answers

John W. Roper
Columbus Employment / Labor Attorney.
Contributor Level 8

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Attorney answers:

  1. John W. Roper

How bad will things be for me receiving unemployment while newly employed?

Asked by a user in Rockville, MD - about 2 years ago.

You must repay the money. A lawyer in your state can advise you as to possible criminal penalties. My experience is that our state has no interest in prosecuting anything less than truly egregious fraud but they want their money. Talk to the place that paid you and see what you can work out in the way of payback. Your unemployment credits/receipts will lead to eventual detection.

1 person marked this answer as helpful

2

Attorney answers:

  1. Loren M. Dickstein
  2. John W. Roper

I took some money on monday and repaid it on full on tues. my employer actually discovered it by my repaying and a police report

Asked by a user in Grand Rapids, MI - over 1 year ago.

The guilty act was taking the money intentionally with the intent to deprive the owner of its use, even for a minute. You have committed a crime unless you were permitted to take the money, although restitution may be viewed favorably to some extent in terms of penalty in some jurisdictions.

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Attorney answers:

  1. John W. Roper

Car fraud! Need help

Asked by a user in Raleigh, NC - over 1 year ago.

There might be some relief if the individual misrepresented the condition to you AND actively concealed the problem, assuming the owner was an individual. The best practice is always to pay for a competent professional inspection, of course.You likely own the problem absent deception.

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Attorney answers:

  1. John W. Roper
  2. Susan Pernick

A dept collector gave me some ones full social.

Asked by a user in Jacksonville, FL - over 1 year ago.

No. You haven't been harmed in any way. Further, if you don't want more calls from a third party debt collector, write them and tell them so. Also explain that it isn't your debt and that if tthey report it to consumer reporting agencies you will take action against them. If they continue to contact you or report the matter, you'll have rights. Make sure to send the letter certified and keep up with the card when it comes back.

2

Attorney answers:

  1. Alan James Brinkmeier
  2. John W. Roper

I was wronfully terminated 2 weeks ago on the basis of misconduct and substandard work and tardiness.

Asked by a user in Rocky Hill, CT - over 1 year ago.

Was someone of a different race and religion who was involved in misconduct, did poor work and was late not terminated have you documented your complaints to management about disparate treatment in the past? How good you were at another employment facility has no relevance whatever to your situation. Your question is whether you can prove they were wrong but you don't say what you want to show they were wrong about. In general, if yours is an at-will state, your employer doesn't need a reason...

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Attorney answers:

  1. John W. Roper

Unemployment investigator called me in someone said i was working

Asked by a user in Angola, NY - over 1 year ago.

Tell the unemployment investigator what you said here and get a name from your son of someone in authority at his place of employment to verify to the investigator that you haven't been on payroll. Likely the investigator will call anyway if they are doing their job but anytime you are protecting your own rights you should be proactive.

3

Attorney answers:

  1. Landon J Ascheman
  2. Martha Ellen Albertson
  3. John W. Roper

Forgery, Criminal or Civil? How serious is this?

Asked by a user in New Richland, MN - over 1 year ago.

The crime is against the state, not the individual. Do you have evidence of your payments? If so, then the DA needs to see it or the person who brought the charge needs to explain to the DA that you did not steal the car. Likely, that person will be charged with false swearing. Based purely on these facts, it doesn't sound like the case will go anywhere if you hire an attorney. If Nebraska is an at-will employment state, it doesn't matter why they let you go in connection with this unless your...

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Attorney answers:

  1. John W. Roper

Can an employer ban employees only from smoking outdoors on the property?

Asked by a user in Lakeville, MN - about 2 years ago.

Yes

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Attorney answers:

  1. John W. Roper
  2. Jonathan H Levy

Want to sue Big online business for Fraud (false advertisement) what can I do??

Asked by a user in Springfield, IL - about 2 years ago.

Although states may word their statutes differently, fraud, in the civil sense,has elements that have to be proven and the elements must all exist at the same time the first arises. There must be an intentional misrepresentation of material fact, known by the representer to be false when published or stated, that intends to induce the receiver of the misrepresentation to act or refrain from acting in reliance on the misrepresentation, that does exactly that and as a result the receiver is...

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Attorney answers:

  1. John W. Roper

I recently traded in an automobile (04/23/09). Just received a credit union statement which shows I still have a loan on this

Asked by a user in Elon, NC - almost 3 years ago.

What does your contract with the dealer provide about that? At a minimum, your credit score has been impacted by the continuing liability. Take everything you signed to a consumer lawyer.