David T. Lopez’s Answers

David T. Lopez

Houston Arbitration Lawyer.

Contributor Level 9
  1. I need to know how can I initiate an arbitration/Mediation at the Houston Texas Court for 36million plus against a vendor?

    Answered 10 months 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

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

    Answered about 1 year 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

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

    Answered almost 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

  4. Medical conditions and government jobs

    Answered almost 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

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

    Answered over 6 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

  6. Entering an arbitration award as a judgment

    Answered over 6 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

  7. I have been mentally abused at work by my coworkers constantly. Can I sue them?

    Answered about 1 year ago.

    1. David Martin Lodholz
    2. William B. Short Jr.
    3. David T. Lopez
    3 lawyer answers

    Gather any notes or other papers you might have regarding any complaints you made to supervisors or HR about the harassment and what HR told you and you responded. Check with your nearest office of the U.S. Equal Employment Opportunity Commission to see if you can file charges and get referred to an able attorney. You need to be able to be very specific about what happened.

  8. Can my employer give me 76.6% decrease in pay and demotion without a 30 day notification?

    Answered almost 5 years ago.

    1. David T. Lopez
    1 lawyer answer

    You might have some protection if the letter confirming your hiring set a specific term of employment, such as one year. Otherwise, the employer might be able to change the terms of employment with or without a 30-day notification. The Occupational Safety and Health Administration (OSHA) of the U.S. Department of Labor accepts complaints of retaliation because of raising safety concerns, but keep in mind that the claim must be raised within a relatively short time after your demotion. A...

  9. Might this be age discrimination?

    Answered almost 5 years ago.

    1. David T. Lopez
    1 lawyer answer

    If the younger employee had duties the same or very similar to yours, there is the possibility of raising an age discrimination claim, unless you signed a waiver in exchange for severance pay. The law requires that such a waiver be given with certain safeguards in order to be valid, such as sufficient time to consider the offer, recommendation that you consult an attorney, and the ability to withdraw acceptance within a set period of time. The United States Equal Employment Opportunity...

  10. Can I appeal this for discrimination?

    Answered almost 5 years ago.

    1. David T. Lopez
    2. Alan James Brinkmeier
    2 lawyer answers

    In order to make a discrimination claim, you must be able to show that you were treated differently because of being in a particular class protected because of such characteristics as sex, race, age, religion, physical or mental disability or others. There might be an argument that you could make, but there is not sufficient information in your question to make a definite determination. For example, arrest and credit records have been held to constitute impermissible discrimination on a...