Andrew L. Rempfer’s Answers

Andrew L. Rempfer

Las Vegas Employment / Labor Attorney.

Contributor Level 8
  1. At work, I was told if an employee gets hurt and files a report, throw away the evidence. Is that tampering in Las Vegas ?

    Answered almost 5 years ago.

    1. Andrew L. Rempfer
    1 lawyer answer

    This is not exactly "evidence" of anything. You are describing "evidence" in the context of a crime. It does not sound like the employee is alleging a crime occurred. She was simply stuck with a needle, apparently while cleaning a room. Now, that employee may eventually sue for physical damages associated with the needle prick. She may also try to find the needle. If she can't, then that is the hotel's problem, from a legal standpoint. Based on the facts you've described, there hasn't...

    1 person marked this answer as helpful

  2. May I retain possesion of a company vehicle, until i'm paid wages for the last 2 weeks of work?

    Answered almost 5 years ago.

    1. Andrew L. Rempfer
    1 lawyer answer

    No. It's illegal to retain another's property without a legal right to do so. You have no legal claim to the vehicle. It is owned by the Company, not you. You only have a legal claim to wages. The truck and the wages are not the same thing, to be held ransom for each other. Nevada Revised Statute 608.050 gives you a potential lien for any unpaid wages against either the old or new employer. If you take the truck, or deprive the company of the right to access the truck, you could be...

    1 person marked this answer as helpful

  3. A sexual harassment case

    Answered almost 5 years ago.

    1. Andrew L. Rempfer
    1 lawyer answer

    Measuring the amount of damages for harassment is difficult. Where physical touching is involved, especially of sexual organs, however, the damages are often high. If it is true that other employees were subjected to similar treatment, then your girlfriend's treatment may be part of a larger pattern and practice by this employer to sexually harass female employees, which could make the employer's conduct subject to punitive damages, which could far exceed the $30k to $70k offered to settle this...

    1 person marked this answer as helpful

  4. Is there any penalties for withdrawing from a lawsuit that i started 2 years agi on suing my former employer in federal court?

    Answered over 4 years ago.

    1. Andrew L. Rempfer
    2. Henry Lee Saurborn Jr
    2 lawyer answers

    You could ask the other side whether they will stipulate to dismiss the case, with prejudice, with each side bearing their own attorneys' fees and costs. If they agree, the case will be permanently dismissed.

  5. Can an employer require you to pay for cash shortages or other discrepancies in cash only and not deduct it from your paycheck?

    Answered over 4 years ago.

    1. Andrew L. Rempfer
    1 lawyer answer

    An employer may only deduct from your wages with prior, written consent, provided 7 days before the deduction or reduction. The exception to this is fringe benefit plans, for which prior authorization is not required. Blanket authorizations executed in advance to deduct cash shortages are not permissible. Any deductions an employer makes must be itemized in a list and given to the employee at the time of the payment of wages. This also applies to the missing coupons/vouchers which,...

  6. Does my daughter have a right to appeal the denial of her unemployment by her former employer?

    Answered almost 5 years ago.

    1. Andrew L. Rempfer
    1 lawyer answer

    Voluntarily quitting a job may disqualify an employee from unemployment compensation in Nevada. However, an employee could argue they were forced to quit that job because they opposed an unlawful or objectionable employment practice. So, "yes", it is possible to oppose the unemployment compensation determination. The time periods for doing so are short so be sure to seek legal advice quickly.

  7. Can an employer let you go when u have been off work due to a injury

    Answered almost 5 years ago.

    1. Andrew L. Rempfer
    1 lawyer answer

    The employer must make reasonable accommodations for your injury. However, the employer need not make any accommodations that would cause an undue hardship on its business. Furthermore, if this is a work-related injury, and you have filed a workers' compensation claim for this injury, the employer cannot retaliate against you for bringing such a claim. That means the employer cannot interfere with your right to return to work simply because you filed a W/C claim. You may be eligible for...

  8. Can my employer change details of my employment contract?

    Answered almost 5 years ago.

    1. Andrew L. Rempfer
    1 lawyer answer

    If you really have a "contract", and not just an employee handbook upon which you're basing your arguments then "no", an employer may not do this. A contract is a document containing mutually binding obligations Your employer obliged itself to pay you on the 20th of each month, not the 30th. Is this a material breach to you? Meaning, does it financially impact you in a negative way? You are receiving the same compensation, I presume. Albeit, at a later time. As to your rights to a...

    2 people marked this answer as helpful

  9. How many breaks and time length of the breaks need to given to employees

    Answered almost 5 years ago.

    1. Andrew L. Rempfer
    1 lawyer answer

    Last I checked, Arizona is one of those very few states that does not have any mandatory break periods required by law. Arizona is one of the least employee-friendly states in America. Remember that when you go to the polls in November.

  10. Can i sue my employer because my supervisor used deception to make sexual advances on me?

    Answered almost 5 years ago.

    1. Andrew L. Rempfer
    2 lawyer answers

    Let me get this straight: you engaged in a voluntary sexual relationship with a supervisor. You did not state you were coerced in anyway to engage in that sexual relationship. You are now upset that she is not monogamous. You then threatened her that you would disclose your sexual encounter. She responded by threatening your job. But the initial relationship was totally consensual. You both engaged in unethical conduct that is likely highly inappropriate according to your company...