David T. Lopez’s Answers

David T. Lopez

Houston Arbitration Lawyer.

Contributor Level 9
  1. What should I do about workplace discrimination/retaliation when I am denied the arbitration process?

    Answered 12 days ago.

    1. Ed Walton
    2. Bruce Ward Bain
    3. Joel Efrem Cohen
    4. David T. Lopez
    4 lawyer answers

    Arbitration is a process based on contract. In the employment context, it usually is established by a form agreement signed by a new employee, and sometimes by a provision in an employee manual or rule book. If there was such a provision, then you have a right to demand an arbitration hearing. Take care that you are not confusing arbitration with mediation, which is a voluntary process to aid in resolving a problem. Arbitration results in an enforceable decision; mediation does not. There...

    1 lawyer agreed with this answer

  2. I need to know how can I initiate an arbitration/Mediation at the Houston Texas Court for 36million plus against a vendor?

    Answered over 1 year ago.

    1. Kathryn Mary Holton
    2. Edward James Kazaleh
    3. Michael Charles Doland
    4. David T. Lopez
    5. Robert V Cornish Jr.
    6. ···
    6 lawyer answers

    The arbitration provision in the contract is badly drafted. The principal problem is that it does not specify who will administer the arbitration and what rules might apply. One possibility is what is known as an ad hoc arbitration. You and the opposing party can agree on how the arbitration will proceed. Since the reference is to an arbitral tribunal that suggests that what might have been intended is a three arbitrator panel. Usually in such a case each side picks an arbitrator and the...

    1 lawyer agreed with this answer

  3. Can my company deny my 3% raise and give it to someone else?

    Answered almost 2 years ago.

    1. Adam Kielich
    2. Steven E. Petrou
    3. David T. Lopez
    3 lawyer answers

    The result might depend on why you consider the 3% raise was yours; for example, was there a specific promise made that you would get the raise if you accomplished some specific goal. Another consideration is whether the decision to use the available money to raise someone else was based on some impermissible, discriminatory motive. Consider, however, that pressing the issue could affect how the employer otherwise treats you.

    1 lawyer agreed with this answer

  4. When does a legal permanent resident child become a citizen, how does a parent dying affect citizenship

    Answered over 6 years ago.

    1. Thuong-Tri Nguyen
    2. David T. Lopez
    2 lawyer answers

    You definitely need an attorney familiar with immigration law, as your situation depends on numerous details. If you are a legal resident of the U.S., it might in the long run be better for you to go through the naturalization process.

    1 lawyer agreed with this answer

  5. Medical conditions and government jobs

    Answered over 6 years ago.

    1. David T. Lopez
    1 lawyer answer

    It is possible that you are protected against discrimination under federal and possibly state law if your medical condition meets the requirements of the Americans With Disabilities Act (also known as the ADA). You likely will need assistance in interpreting the law. The National Employment Law Association (www.nela.org) can refer you to attorneys in your area that are familiar with the law. You also can obtain information directly online by contacting the Advocacy Inc.office in your state (...

    1 lawyer agreed with this answer

    2 people marked this answer as helpful

  6. Hugging at Work -- Is This Sexual Harassment?

    Answered about 7 years ago.

    1. Okorie Okorocha
    2. David T. Lopez
    2 lawyer answers

    The way the policy is worded does not sound like it is mandatory: "should have," not simple "have" or "now have." If you have concerns about the policy being mandatory, discuss them with your immediate supervisor. You do not have to be negative, for example, you can say, "I think that the policy that we should have hug time is an interesting idea to make the new employees feel welcomed. However, I am not sure that I would really feel comfortable giving a hug. Would it be okay if I shake...

    1 lawyer agreed with this answer

    2 people marked this answer as helpful

  7. Entering an arbitration award as a judgment

    Answered about 7 years ago.

    1. Elizabeth Rankin Powell
    2. Okorie Okorocha
    3. David T. Lopez
    3 lawyer answers

    Your approach might depend on the value to you of the award. If a substantial monetary amount is involved, you certainly would be better off by retaining a lawyer to handle the paperwork and filing with an appropriate court. An additional consideration is that a lawyer could check to see that your debtor has sufficient resources to satisfy the judgment. If the debtor has little or no assets that can be reached, you could end up with no more than a judgment document suitable for framing. I...

    1 lawyer agreed with this answer

    2 people marked this answer as helpful

  8. Someone makes racism jokes about me at work

    Answered 11 days ago.

    1. Lu Ann Trevino
    2. Mario L. Vasquez
    3. Joel Efrem Cohen
    4. David T. Lopez
    5. Nicholas M. McLeod
    5 lawyer answers

    If you have not done so, try talking to your coworker about how the actions are bothering you and how you would appreciate his not continuing. If that does not resolve your situation, check with the downtown office of the U.S. Equal Employment Opportunity Commission (EEOC) to see if your place of employment is covered by the law on employment discrimination. If your employer is covered, complain to your supervisor and say that the jokes and racial comments are hurting your ability to do your...

  9. I was given a post accident drug screen a week after an accident that was no fault of mine. My test came back positive for

    Answered 11 days ago.

    1. Mario L. Vasquez
    2. Ed Walton
    3. David T. Lopez
    4. Michael Alvarez
    4 lawyer answers

    Without an individual or union employment contract, getting reinstated to your job can be difficult. If you know that other employees with different racial or other protected backgrounds have been given better treatment, you might have a legal claim of unlawful employment discrimination. If you apply and are turned down for unemployment compensation, you can appeal and a telephone conference will be scheduled and your employer might have someone testify under oath. Although it would be...

  10. I have a resignation agreement with a school district and they have volilaited all of the terms. Can I file a suit against them?

    Answered 12 days ago.

    1. Lu Ann Trevino
    2. Mario L. Vasquez
    3. David T. Lopez
    4. Michael F. Brown
    4 lawyer answers

    If what you claim as a violation is a change to your tax status, it is not clear that would violate your agreement. If you had a lawyer assisting you in negotiating the agreement, that lawyer should provide advice as to the possible violation. If you did not have legal assistance in making the agreement, it would be worth it to now consult an attorney about your rights under the agreement and whether they have been violated.