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Charles Shinkle Watson's Answers
- 124 Legal Answers
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2
Attorney answers:
As a seasonal employee, does my employer have to pay me overtime for any week I work over 40 hours?
Unless you are an exempt employee, or work in certain "protected" industries,and it does not look as if you are, you should be paid overtime for any time worked over 40 hours in any given work week. Using your example, you would be entitled to 10 hours of overtime pay in the first week regardless of how many hours you work in the second week. Your situation involves important and complicated matters of law and fact. I urge you to consult with a lawyer on this matter.
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3
Attorney answers:
Is a spouse entitled to other spouse's pension/retirement during divorce separation
You have seen the answers for divorce -- and they are spot on. Legal Separation is another matter. In a separation, the court may "award" the "possession" of certain property to each spouse. But you are still married. Most of the rights and responsibilities of married persons are still in force. If a pension is being paid the court may divide the proceeds during the separation - but cannot award a "piece" of the pension. If you to get back together -- nothing is changed . If you move...
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3
Attorney answers:
Is an inheritance received prior to divorce considered community property in state of IL
There is no such thing as "community property", as that term is used in other states, in Illinois. There is "Marital Property". However, inheritances are not marital property, unless they are converted during the marriage. If she receives the money before you are divorced, but keeps it separate and apart from any marital bank accounts, or otherwise does not convert it, it will remain hers and you will have no claim on it. If she does not receive the money until after the divorce, you will...
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3
Attorney answers:
Terminated by my Hospital Clinic
Mr. Brinkmeir is right. Get a lawyer. I see too many people who have signed and regretted it later because they did not understand the document. Further, you may have contractual remedies under the original contract. You may also have other employment law issues. The mention of the ergonomic chair and workstation raises issues of possible disability discrimination.
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2
Attorney answers:
Can I answer no on an employment application if I was charged but never convicted of a felony
What did the application ask? If it asked for arrests, you would have to answer yes. If it asked for convictions, based on the few facts set forth in your question, you would be able to answer no. you should check with the courthouse back in Texas to backup your vague memory. Your situation involves important and complicated matters of law and fact. I urge you to consult with a lawyer on this matter.
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2
Attorney answers:
Is this wrongful termination and do i have a case?
The key to your situation is whether or not the "pink eye" is a "serious health condition". I doubt that you had inpatient care or that the pinkeye is a chronic condition. Therefore, in order to qualify you would need to have been out for at least three days, have seen the doctor at least once, and been subject to a course of treatment under the supervision of that Dr. (or have seen the doctor at least twice during a three-day period). furthermore, the condition must have incapacitated you...
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1
Attorney answers:
I have been divorced for 9 years. Is there a statute of limitations for filing a QDROin the state of Illinois?
Without knowing all of the circumstances of your divorce I cannot answer definitively. That being said, however, as a general rule if the disposition of an item of property is not mentioned in the judgment -- the person having possession of the decree will retain it in its entirety. I would be very surprised if there is no residual clause effecting the disposition of property no specifically mentioned in the rest of the judgment. Pensions almost always get mentioned specifically. Is...
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2
Attorney answers:
How long does an employer have to pay me my final wages and commissions once they fire me?
As a general rule the employer has to pay the next business day, or the next regularly scheduled payday. You may request that the employer send your final paycheck to any address you choose, and you are entitled to accrued vacation. Because your pay is in part commissions (or so I assdume) you are not entitled to the commissions until they are earned -- which sometimes is in the future. without more facts I cannot say. Your situation involves important and complicated matters of law and fact....
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1
Attorney answers:
If my employer has a company vehicle available for me to drive and just won't let me, should I get paid anyways?
No leg -- unless you have a contract or there is some illegal reason (discrimination - retaliation) for not allowing you to use the other car and thus preventing you from working.
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2
Attorney answers:
Do I have to go into the office to pick up my last paycheck?
No, your final pay may be sent to you if you request it. You do not need to sign a resignation letter to get your final pay. Make sure that you get paid any earned but unpaid bonus amounts and vacation days. Good Luck. If you have any questions get to an attorney who concentrates his or her practice in employment law.
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