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David T. Lopez

David Lopez’s Answers

66 total


  • Will my perspective employer find out I was receiving unemployment benefits via unemployment agency.

    Will unemployment agency contact my new employer and inform that I was receiving benefits for any tax purpose? such as for receiving any tax breaks for hiring an unemployed person? Or they contact for any other reason?

    David’s Answer

    The state commission that administers unemployment compensation usually has more work to do than time in which to do it, so it is very unlikely that it would be contacting your new employer, particularly if you have not informed the commission of your new job.

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  • Can i make my former employer take down an advertisement video i was in

    I was forced to represent my last employer in an advertisement video on youtube. Can i win in small claims court to have the video taken down. I was told do the video, or find another job

    David’s Answer

    Generally, a person's consent or permission is required in order to use that person in an advertisement, and depending on the circumstances the former employer could be required to remove the advertisement. No one can guarantee that you will win in a court, but if you feel strongly about the situation, it might be worth going to small claims court, since you can represent yourself and the judge might be sympathetic.

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  • What can I do if spouse is denying unsupervised visitation stated in mediated settlement?

    I agreed to a step up visitation in MSA and should be doing unsupervised visitation according to conditions in MSA. Enforcement is not really an option since the trial is about two months away. Should I continue doing supervised visitation from th...

    David’s Answer

    It appears from your description that the mediation agreement was not written down and signed. If a lawyer represented you at the mediation, you should rely on his/her advice. If you do not have representation at this time and trial is scheduled soon, you should try to get a lawyer, and if you cannot afford a lawyer, consider contacting the Houston Bar Association to put you in touch with a program that provides legal representation at no cost.

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  • Class action or individual arbitration claim?

    Hello, i missed my chance to get in on a class action lawsuit going on right now but the firm said i can claim an individual arbitration claim. I dont have to pay them anything but i was wondering is there any benefit from the arbitration claim? W...

    David’s Answer

    The recovery that you might obtain would be subject to your individual circumstances in either an individual or a class action. Because class actions involve can involve many claims, they can require more time before a recovery can be obtained, and an individual claim might be resolved more quickly, depending on how long the class action already has been in court. There are other considerations, and you should consult a lawyer because the determination might be more complex than it appears from your description.

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  • I was never terminated from my job but received a letter from my employer lawyers stating not to contact my employer am I fired?

    I was asked by my employer to lie to state investigators I refused. My employer made my workplace a living hell for me. I went on medical leave I called to return to work my employer said she had to lay me off because there was a investigation cal...

    David’s Answer

    There might be several claims that you can make against your employer, and you should promptly get advice from a lawyer. If you cannot afford a lawyer because of losing your job, contact the Houston Bar Association to be referred to a program that might be available to provide you advice without cost. Unless you decide not to do anything about the situation, you should take action without delay.

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  • Can I get an attorney for unemployment?

    My boss is now challenging my unemployment that I'm already receiving

    David’s Answer

    You are entitled to have an attorney represent you, but you are not required to have representation. If your primary concern is keeping your unemployment compensation, be sure to notice any requirements for you to respond to notices. There might be a telephone hearing at which you and representatives of the employer will be asked questions. Unless the employer presents clear evidence that you did something wrong, you are likely to keep your benefits. If you are concerned and can afford it, it would be a good idea to have a lawyer represent you, as it is not always easy to anticipate what the employer representative might say. If you believe the employer fired you unfairly because of discrimination against you because of your race, national background, sex, age, religion or physical or mental disability, it would be worth your having a lawyer represent you because the lawyer can make good use of the hearing to get information that might support your claim. If after the hearing you are turned down, you should get a lawyer to file an appeal and represent you. If there is a hearing, no matter how it turns out, you can request a copy of the telephone call recording, which could be useful for you later.

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  • I was let go due to disciplinary write ups.

    I was written up for going over time more than 14hrs in a day. I was broke down on the side of the highway no way to get back to the yard. I was written up for failure to report injury.The company I was working for sent me to there doctor under wo...

    David’s Answer

    If you had a lawyer advising you on the workers' comp claim, ask if there are grounds for you to claim that you were fired for making the WC claim. If you did not have a lawyer, consider checking now with one that is familiar with workers' comp law.

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  • Can I sue my ex boss for anything after he committed crimes and the company was shut down by the FBI and everybody got laid off.

    The owner and vice president of the company i worked for committed crimes and they're going to prison. The company employed about 50 people. They owe me about 30 day vacation time and my next pay check. I was one of the best workers that have bee...

    David’s Answer

    Check with a lawyer to see if you can make a claim through the Texas Workforce Commission and if there are any company assets from which you can try to get paid.

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  • Any issue with background check for the employee if I had sold wine for underage

    I got a new job right now and for the background check it need to fill up the form which say I need to include any issue with court where I need to pay 150 more,almost 6 yrs ago I sold a beer to minor while working in a store and I pay one thousan...

    David’s Answer

    The employer might not hold the matter against you in considering you for a job, but surely will not hire you, or keep you employed, if the employer finds that you are not truthful. It is always best to tell the truth. There are some provisions of the law that might protect you and other applicants if the way a prospective employer asks about and acts on a criminal record. If you are within a protected racial or other minority and are denied employment because of your record, it is worth checking with a lawyer familiar with employment discrimination.

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  • I'm i entitled to overtime pay even if i receive salary?

    I work as a recruiter for company (A), I interview applicants, process their paperwork, and go over orientation with them if hired. The applicants do not work for Company (A) but a sister company,company (b). I work at the office of a temporary em...

    David’s Answer

    It is possible that you are entitled to overtime, and you should consult a lawyer to see about your rights and to protect you if you decide to make a claim.

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