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Nathaniel O Hubley

Nathaniel Hubley’s Answers

146 total


  • My Employer filed Chapter 11 bankruptcy and I'm on Workers Comp!

    My employer filed for Chapter 11 bankruptcy in Feb. of 2014 and terminated its work force through the Warn act,Our last day was April 30 2014. I was injured on Jan 6 th of 2014 and still drawing workers comp Insurance payments until at least the ...

    Nathaniel’s Answer

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    Your work comp benefits will continue until the doctor places you at maximum medical improvement (MMI). Until that date, you should continue to get your temporary total disability benefits (wage replacement benefits). After you are placed at MMI, you need to determine whether you are actually at MMI or whether there can be other medical treatment that is reasonable and necessary. You can get a second opinion. Talk with a work comp attorney. Once you are at MMI, then the doctor will assign a permanent partial impairment rating. After your work comp case is closed, if you don't have a job to return to and are capable of working, you can apply for unemployment benefits.

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  • Do I have a potential Discrimination lawsuit?

    I was employed at taco Bell and was up for promotion. getting promoted for management positions require a background check but is not required for crew members. My background check came back and I was suspended From my crew position. I didnt get t...

    Nathaniel’s Answer

    If you believe you were terminated based upon your race, I would recommend you contact METRO and file a charge of discrimination. Before you can file any lawsuit, you need to file your charge of discrimination. METRO's contact information is: 2310 Parnell Ave, Fort Wayne, IN 46805 metro@cityoffortwayne.org (260) 427-1146

    You should consult with an employment law attorney in the area regarding your rights.

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  • Can I collect unemployment in IN if I completed recommended SAP drug rehab after being terminated for failing a DOT drug test?

    I was terminated from my job due to failed random DOT drug test. The company gave recommendations to resolve it by having me contact SAP. I did and completed the required drug abuse classes and seen a counselor that was assigned to me as put forth...

    Nathaniel’s Answer

    You certainly can file for unemployment, but it might get challenged by your former employer and Department of Workforce Development (DWD) might determine that you are not eligible for benefits. It really kind of all depends. I don't think you really have anything to lose in filing for unemployment benefits. The worst that can happen is that your claim gets denied for being terminated with cause.

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  • Can employers require employees to use vacation time for days the business was closed?

    I work as an administrative assistant for a not for profit organization that provides work to people with developmental disabilities... They closed the sheltered workshop for two days due to horrible weather, and are requiring that we (employees)...

    Nathaniel’s Answer

    Vacation time is considered a fringe benefit and is up to the discretion of the employer, so yes, your employer can mandate when you use your vacation time?

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  • I worked at Dollar General until 01/13/14 . i was terminated . i was store manager. Ive got 72 hrs vac time left. They wont pay

    Can they pay my vacation. Is this legal. i was terminated for till shortage.

    Nathaniel’s Answer

    I agree with Zach. Indiana law doesn't require the payment of unused vacation time. You'll need to check the employee handbook to see what your options are. Vacation time is considered a fringe benefit and is up to the discretion of the employer. You should get a copy of the employee handbook and contact an employment lawyer for a free consultation. Best of luck.

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  • Employer claimed I received 29 weeks sev/vac pay, but it was only 12 and I have doc to prove it. Yet my appeal was denied.

    I was terminated 2/12/13, and received 2 months severance and 1 month vacation. When I submitted a claim in June I was denied due to an employer challenge that I dismissed for just cause. I began the appeal process and, apparently, was sent a WFD ...

    Nathaniel’s Answer

    I would suggest you contact a local employment lawyer because you will really need to sit down with an attorney and map this problem out. If the Review Board completely ignored the evidence that you did not receive the 29 weeks, that could be grounds for appeal. Your option at this point is to file an appeal with the Indiana Court of Appeals, but you should talk with an attorney about this process. Best of luck to you.

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  • Can am employer fire me because I had to go on medical leave?

    I had to have surgery in May, the surgery went bad and I had to have another surgery about a month later. I was not able to do anything for 3 months. I kept in contact with my employer the entire time and gave him all doctors notes. Can he fire me...

    Nathaniel’s Answer

    The question is whether you were entitled to FMLA leave. If you were entitled to FMLA leave, then the question becomes whether or not you exhausted your FMLA leave. You only have a total of 12 weeks of FMLA in a given year. If you have exhausted your FMLA leave, there really isn't anything protecting your job. The employer does not have to hold your job forever. It's a tough situation and it varies from employer to employer...some employers have different policies and might provide job protection or authorized medical leave in excess of the FMLA requirements. You should contact an employment law attorney to see what your rights are.

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  • What can I do when my company is treating me like a employee when I am a independent contractor?

    I'm a independent contractor for a company I've been told by my region manager I cant do events that I have paid for. I am being treated like an employee, not an independent contractor. They are telling me that I can see past clients, but I can no...

    Nathaniel’s Answer

    It is really hard for me to provide you an answer without seeing the independent contractor agreement. Your options are provided for and based upon the language of the agreement. I would suggest that you contact an employment lawyer for a consultation. The lawyer will want to read the agreement and will be able to map out your options. Best of luck to you.

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  • I applied for a company, I was disqualified from the hiring process do to a sibling working for them. Can I sue?

    Is there any legal action that I can take? I applied at Honda, I took a 4 hour test, an interview and then HR called me and asked me a couple questions. When they asked me if i had a sibling working for them, I told them yes and she told me unfort...

    Nathaniel’s Answer

    I agree with the previous answer. I would suggest that you don't waste your money filing a lawsuit because it would be without merit as the company's policy is lawful. It's unfortunate, but not illegal. Best of luck to you.

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  • We gave our nephew 5% share in our S Corp, he works for us. We asked all our employees to sign a non compete he would not.

    He started his own business and after work he asked some of our employees to help him and didn't give us the common courtesy of even telling us that he started a new business. We found out through the grapevine. A few of other employees say he is...

    Nathaniel’s Answer

    I would strongly suggest that you sit down with an attorney to address this issue because of the serious implications. There are a lot of details that need to be addressed before you make the call one way or another.

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