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William E. Parsons IV

William Parsons’s Answers

15 total


  • What should I do with my co-workers and my job? Should I file charges and lawsuit?

    I work at a moving company recently one of my supervisors choked me and I went to HR and wrote a report. They said I wouldn't have to work with him. Today I just worked with him. One of my ex friends that works with me he and other guys continuall...

    William’s Answer

    It is possible in Wisconsin to sue a co-worker for a personal injury under certain circumstances. Consulting with an experienced worker's compensation attorney is good advice.

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  • LTD company says I owe 100% of SSDi back pay en though three of those months were ounly partial benefits from LTD, is this right

    I received a letter from my LTD company saying that they require repayment of 100% of back pay. But, my SSDI is going back to the date of my injury, which was 3 months before my LTD kicked in. I was reduced to 15-20 hours a week from 3/2010 throug...

    William’s Answer

    Another way to look at this issue is to ask the LTDI company to send you an "accounting" of its over-payment calculations. You will want to make sure that the amounts that it is using to generate the over-payment calculation are correct.

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  • Long term disability is offering 5% of lifetime benefits as lump sum buy out, is this normal?

    My LTD company is offering me $0.05 on the dollar (about 13K) to cash out my benefits instead of paying me for the next 23 years as I was recently approved SSDI. After having calculated the SSDI payments out of my LTD payments this seems unreasona...

    William’s Answer

    I would recommend consulting with an attorney that regularly negotiates these types of settlements. In my experience, it is not uncommon for the LTDI company to start very low. However, with the right evidence / arguments, you likely can increase this offer significantly. Without knowing all of the facts, a negotiation between $75K and $13K is not unusual.

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  • Long term disability sending me to IME

    I passed my 2 yr "any occ" in 6/2012 so my LTD company is now sending me for an IME. After the RCF they sent my dr another form where she stated my limitations again, and attached a letter explaining that I cannot work even sedentary 8hr/5days a w...

    William’s Answer

    Often, insurance companies struggle to find qualified doctors to put together reports. If the so-called "independent" doctor is not qualified to render an opinion and your claim is denied based on this report, you should work with an attorney to attack the credentials of the doctor offering the negative opinion. I would also recommend having your treating doctor respond to the insurance company doctor's report directly.

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  • Can my employer change my employment status from 1099 to W-2 without letting me know? How does it benefit him?

    My boss recently changed my status from 1099 to w-2. I'd been there for 6 months and I saw on last check that it was changed and they were now taking taxes out. In what way would that benefit him?

    William’s Answer

    I would add to the previous answer that if you worked more than 40 hours in a week while classified as an independent contractor and if you were not paid overtime wages, you may entitled to additional wages.

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  • Can my employer withdraw my insurance benefits?

    My employer today told me that my insurance benefits would be canceled on February 1. I am a W2 employee and have worked here with insurance benefits for the last 20 years and today she told me that I could still have it, but I would now have to p...

    William’s Answer

    Adding to the previous answers, under federal law (COBRA), your employer must offer you the right to continue health insurance coverage (but at your own cost) for up to 18 months. It sounds as if this has been offered to you. One thing to note, you will only have one opportunity to elect to continue coverage under COBRA. If you pass up on this opportunity, you will not be allowed to re-enroll at a later date.

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  • NJ employment - unpaid wages & other expenses

    My brother worked as a driver for a small towing comp for 6 yrs. He drove a truck to auctions in different states and brought 2-3 cars every day. He paid all expenses (gas, tolls, storage) by himself and then his boss was supposed give him his mon...

    William’s Answer

    I agree with the previous attorney. Additionally, the fact that he was paid via a W2 will be a big problem for the employer if it plans to argue that he was an independent contractor.

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  • Does time you work during lunch breaks and breaks during working hours count towards your overtime?

    If you are a salaried employee and not exempt?

    William’s Answer

    I would add that under federal law (FLSA) the question will be whether or not your meal break was spent primarily for your benefit or for your employer's. If it was for your employer, then you are entitled to pay. I am not a Florida attorney, but Florida law may provide a separate remedy and additional damages. I would recommend speaking with an experienced wage and hour attorney in Florida.

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  • Overtime pay for Independent Contractor

    I've been working as a direct independent contractor for the same company since last May. Up until this month(Jan 2012) I have been receiving time and half pay for any hours worked over 40. Effective Jan 2012 I started conducting business under my...

    William’s Answer

    I agree with the advice from the previous attorney. I would add that whether or not you are an independent contractor under federal wage law will depend on a number of factors. If you have been misclassified as an independent contractor and are in fact an employee, then the Fair Labor Standards Act (FLSA) provides that you are owed time and a half for all hours worked over 40 in a week.

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  • I am full time employee with full time benefits. If my employer tells me to take day off due to lack of work, can they not pay?

    I work for a transportation delivery company. Maybe once a month, my employer tells drivers to take the day off due to lack of work. Since it was the employer telling employee to take day off, this has always been a paid day. Now without noti...

    William’s Answer

    It depends. If you are a salaried employee, you may be entitled to pay even if you do not work. I am curious as to the weight of vehicle that you drive. If it is under 10,000 pounds, your employer may also be required to pay you time and a half for all hours worked over 40 in a week.

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