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Mark F. Underwood

Mark Underwood’s Answers

9 total

  • Are my husbands employers are violating NC labor laws?

    He drives approximately 70 miles aday, one hour 45 minutes daily. He is not compensated mileage, paid for time in the car or re-embursed for money out of pocket. Is this legal for them to do?

    Mark’s Answer

    I would need more information about your husbands work, for instance is the mileage he drives just to get ot and from the employer? If so then this is typically not compensated for, and you would have to talk to your tax preparer and see if any of the mileage is deductible. If they job he has is as a driver, then you would have to see if other workers doing similar "delivery" job functions are being reimbursed for their mileage. If you wish forther information, please post your details and see if it gets a follow up.

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  • Under WA state employment laws what rights of privacy do employees have

    What rights of privacy do employee's have?

    Mark’s Answer

    There is a fantastic resource for most areas of Washington State Law including labor and employment as it pertains to privacy. Please follow the attached link.

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  • INVASION OF PRIVACY BY AN EMPLOYER

    INVASION OF PRIVACY BY AN EMPLOYER

    Mark’s Answer

    Could you please fill more detail in on this question? What happened, hwere did occur etc, and I will attempt to get you some pertinet information

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  • Invasion of privacy

    a fellow co-worker had access to cashed checks and figured out how much the other employees made a hour. she was mad and complained and now some employees pay was cut 1.00 a hour. what can i do?

    Mark’s Answer

    Unfortunately there is not much you can do. you might consider contacting the Michigan Department of Labor, DLEG and reporting this. The employer is able to do many things as In Michigan, employees are presumed to be "at will." At-will employees may be terminated for any reason, so long as it's not illegal. Generally, employees who work under an employment contract can only be terminated for reasons specified in the contract. In Michigan, in order to overcome the at-will presumption, an employee must show that the employer made clear and unequivocal statements of job security to the employee.
    Since you don't have a contract and are an hourly employee, you are free to work for what wage is offered, or choose not to. The link to the State of MI is:

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  • I bought a car from a small dealer in ny. I got it home and the second time i went to start it, it wouldn't start.

    I had it towed to the dealer, and they had it for two days and sent it to another repair shop.The other repair shop has had it for a week and still has not fixed it. It came with a 30 day guarantee. What are my rights?

    Mark’s Answer

    New York Lemon Law

    New York Lemon Laws and the federal Lemon Law (the Magnuson-Moss Warranty Act) provide for compensation to New York consumers of defective automobiles and trucks and other vehicles and products including motorcycles, RV's, boats, computers and other consumer appliances and products. To qualify under the New York Lemon Law or the federal Lemon Law, you must generally have a product that suffered multiple repair attempts under the manufacturer's factory warranty. Lemon Law compensation can include a refund, replacement or cash compensation.

    If you have not done so, you should seek an attorney in your local area immediately!

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  • Was HIPAA of 1996 the first federal legislation to deal specifically with medical records privacy issues?

    Law and Ethics -Privacy Law and HIPAA

    Mark’s Answer

    Many people consider information about their health to be highly sensitive, deserving of the strongest protection under the law. Long-standing laws in many states and the age-old tradition of doctor-patient privilege have been the mainstay of privacy protection for decades.

    The federal Health Insurance Portability and Accountability Act (HIPAA) sets a national standard for privacy of health information. It was implemented in 2003. But HIPAA only applies to medical records maintained by health care providers, health plans, and health clearinghouses - and only if the facility maintains and transmits records in electronic form. A great deal of health-related information exists outside of health care facilities and the files of health plans, and thus beyond the reach of HIPAA.

    This law however, for the first time established standards for patient privacy in all 50 states.

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  • I was fired in retaliation for a complaint about a manager, and my interview with another company. They slandered me also. Sue??

    About 1.5 weeks ago, I and a few others of similar rank put in a complaint against a higher level manager. Surprise surprise, I was fired as a result of a retaliatory complaint a few days ago. Additionally, before I could even think of telling a...

    Mark’s Answer

    In the majority of states, employees not working under an employment contract are deemed to be "at will." At-will employees may be terminated for any reason, so long as it's not illegal. There are numerous illegal reasons for termination. Typically such reasons fall into one of two large categories: illegal discrimination or illegal termination in violation of a public policy. Generally, employees who work under an employment contract can only be terminated for reasons specified in the contract.

    In Colorado, there are two exceptions to the at-will rule based upon the legal principles of "public policy" and "implied contract." First, the public policy exception simply means that an employee cannot be fired for performing a legal duty or exercising a legal right. Second, a binding employment relationship may be found to have been created by an implied or an express contract. The contract theory usually arises in situations in which procedures outlined in personnel handbooks are construed as a contract between the employer and employee.
    Retaliatory firing sometimes are treated as complaints under Federal laws where an emplyee is protected as a "whistle-blower".

    If all were fired after the complaint, then an investigation by qualified counsel would be necessary to require the correspondence and communication between the employer, the manager with whom you submitted the complaint and the person you all filed grievance against.

    I would think about seeking local counsel on this matter,

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  • I was fired for sex harasmnt. no hearing, witnesses, or arrest. Just her word. company never asked my side. Can i sue company?

    company sent me home thurs cause they had a complaint . company never told me what complaint was. got a call Mon saying what i was charged-2 counts of sex harrass. 2 women said i touched them. HR man on phone said i was terminated. I complaine...

    Mark’s Answer

    At Will: In the majority of states, employees not working under an employment contract are deemed to be "at will." Connecticut is an at-will-employment state. At-will employees may be terminated for any reason, so long as it's not illegal. There are numerous illegal reasons for termination. Generally, employees who work under an employment contract can only be terminated for reasons specified in the contract.

    Connecticut law allows an at-will employee to sue for unlawful termination under two circumstances. One circumstance is when the discharge is against public policy. The other circumstance is when an employer agreed, either by words, action or conduct, to not terminate the employee without just cause.
    You would have to look to your employee handbook to see what the progressive discipline policy is for your former employer. It may state that in cases of harassment that the only discipline is immediate termination.

    If the allegations are false, you may have grounds to sue for being falsely accused, under some variation of slander laws. You must consult local counsel for the nuance of that type of case.

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  • Can I sue for lible material or defemation of character posted on myspace?

    My son's ex girlfriend has posted a comment that my son ran her boyfriend off the road and bashed in his mailbox, she also posted that no one knows what my son is capable of. I have filed a restraining order on behalf of my son against this girls ...

    Mark’s Answer

    Internet libel consists of statements published on Web sites that were known to be false by the writer and that can be shown to have caused harm to the party at which they were directed. With Internet law in its infancy, cases of Internet libel are frequently complex, and laws vary greatly from jurisdiction to jurisdiction. First your son needs to look at the privacy statemnt the myspace publishes as part of its user agreement.
    Know the statute of limitations for bringing a lawsuit in your state. A helpful chart and direct links to information categorized by state can be found at FreeAdvice.com
    In order to sue for libel, the published statement(s) must first of all be known to be false and second, must cause injury to the party at whom they're directed.
    These are called proximate cause, meaning the ex-girlfriend is the publisher, and it has caused harm. Likely you will want to go to court in your jurisdiction, and get what we call here a cease and desist order, by following the privacy and posting rules that the publisher must have, your son may also be able to get the material removed from the post by filing an internal complaint through the publishers guide to removal.

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