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Neil Scott Rubin
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Neil Rubin’s Answers

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  • Is there anything that I can do to make them follow policy?

    My employer cut my hours in half without even notifying me much less asking and when another position offering more hours became available they filled it in less than 24 hours, our company policy states that any open positions must be posted in ...

    Neil’s Answer

    If you are an at-will employee (which 98% of Ohioans are who work), you can not compel any certain behavior by your employer unless it is unlawful regardless of the stated policy. You have not given any facts which would suggest that your employer is breaking any law of discrimination but it may be indicated to get a consultation to discuss the details.

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  • Is there any reason to bring into question the credibility of a police report or police witness during a suppression hearing?

    They lied, I have proof, what can I do about it without going to trial... *edit: where I said police witness below I meant a cop in particular, meaning they tell lies that I can prove wrong on both reports... Yes the lies are significant...

    Neil’s Answer

    It is unclear from your question whether you are proceeding pro se or have an attorney. As other counsel have advised, a motion/hearing to suppress evidence is for an experienced defense counsel, especially when credibility or bias of law enforcement is involved. It is a complex process and crucial for criminal defense. So, your attorney is the one who determines these case tactics.

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  • Will I become more legally exposed and/or have to hire my own attorney if I leave this company?

    I'm named as a co-defendant, along with the corporation I currently work for, in a discrimination case that has yet to be settled in or out of court. I am represented by the attorneys who are representing the corporation in the case. However, I ha...

    Neil’s Answer

    I can see where representation by the company's lawyers is not in your better interests and could be a conflict. In the past, I have filed successful motions to have counsel disqualified for representing more than one defendant. It's going to be more expensive in the short term but perhaps much less painful in total if you hire your own counsel who can help with the entire defense, but also plan strategy to get the best result for YOU.

    The following is a very cynical view, but there is no longer any employer/employee loyalty. Especially when you are leaving. Think back in your employment history. When someone leaves, do they later get blamed for mess-ups? Sure they do. And the tactics used by company counsel could very well result in you being blamed.

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  • How long does a person have to file against a company for wrongful termination if there is actually a case to be pursued?

    I was let go from my company recently. From what I have read I probably don't have a case as most don't. But on the off chance I do have a case and I contact an attorney, how long do I have from the time I was fired to take action?

    Neil’s Answer

    Some Ohio discrimination causes-of-action even have a six-year statute of limitation. But my colleagues are correct. Contact an experienced employment attorney now. The more time which elapses from the event, the harder it is to prove a case. Witnesses forget. People change jobs. Paperwork is shredded etc.

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  • Is this blackmail and what can i do?

    My girlfriend found out I was having an affair with a woman at work and accessed my old cell phone. She has incriminating emails and a picture taken while at work. She keeps threatening to take the phone to work and get us both (especially her) ...

    Neil’s Answer

    If you are an at-will employee you can be fired for no reason whatsoever (with a few exceptions), so the "incriminating emails" as a trigger for being fired really have no relevance. But what is she asking for in return for remaining quiet? Money? If nothing, there is certainly not any extortion going on. Further, knowledge of your affair is not personal private information by any law or policy I know of. You took a risk by having the affair. This is not legal problem but a personal one.

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  • Possible punishments for fake ID and underage possession in ohio

    Was caught using fake ID and got a fake ID charge and a underage possession charge. Just wondering what I could be looking at. Have a clean record I've never had any run-ins with the law, was always an honor roll student in high school and at the ...

    Neil’s Answer

    The Portage County Municipal Court-Kent Branch readily offers a diversion program for these offenses (if you are eligible, that is, you have not been in a diversion program previously whether adult or juvy). In diversion, you are ordered to do certain tasks, like attend AA meetings and/or community service. If you comply with the court's order, the arrest itself is expunged. So, your first order of business when you appear in court is to ask the bailiff for the possibility of a diversion program. If not, hire a lawyer.

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  • Is the law, if you work over 40 hours your to be paid overtime an anything over 40?

    I know a person that works in shipping and receiving. At times could put in 60 plus hours in one week but they do not get overtime for the hours worked over 40 in a week. Is this right?

    Neil’s Answer

    The Department of Labor and the Internal Revenue Service have guidelines for the classification of exempt employees. Some employers just do not know the law. Some take advantage of their employees. In either case, your friend may be entitled to lots of back pay, so it would be indicated to contact an experienced employment lawyer.

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  • I am considering a lawsuit against a former employer for defamation, withholding wages/payable benefits, among other charges.

    I was recently let go from my employer under questionable circumstances. At first, I was told it was due to scrap parts (I only had one), then told that I was insubordinate for simply defending my position. After termination and receiving my final...

    Neil’s Answer

    Your question is filled with complexities. If you are an at-will employee (ie. not in a union or no employment contract), you can be fired for any reason or no reason at all. This is the default answer which has been stated in this forum maybe thousands of times before. There are exceptions to the default. Your case is very factually based and can only be evaluated by an experienced employment lawyer. (Defamation can be a cause of action outside the at-will doctrine). You can find a lawyer in you area at the Ohio Employment Lawyers Association (www.oelasmart.net). As for your unemployment claim, time is of the essence to fight back, so do not delay in talking to someone who has experience with your circumstances.

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  • Can a hospital legally keep a patient in isolation when there is no medical reason?

    over 18 months ago, I was diagnosed with a communicable infection, which has since been resolved. Ever since then, every time I have been admitted to this hospital, they have placed me in isolation, even when I didn't have an infection, with sign...

    Neil’s Answer

    In general no, but much more information is needed. What type of infection? For instance, patients with hepatitis B are isolated whereas Hep A and Hep C usually not. Also, the rules have been relaxed for HIV over the years.

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  • Can I write the judge about my case? I'm pro se defendant & the plaintiff is purposely delaying my case,5yrs in litigations,

    Plaintiff has had me waiting 5months on a motion he said was being filed,now no motion is filed & isn't anytime soon,I've been in fraud closure since 2010,can I request status conference with the judge over this intentional,malicious acts of stall...

    Neil’s Answer

    "A person who represents oneself in court has a fool for a client". Yes, lawyers can be expensive because of the education, experience and knowledge we have. The court will not give you a break because you are pro se. You are required to know the law and legal process regardless of your knowledge or lack thereof. If you needed to have your appendix removed, would you do it yourself?

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