Skip to main content
Andrew L. Rempfer

Andrew Rempfer’s Answers

17 total


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

    i am the original party in starting a lawsuit in federal court against my former employer, its now been almost 2 years and no progress, i want out. can i do it without any penalties

    Andrew’s Answer

    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.

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

    I signed a memo agreeing to pay for cash shortages, but they are now requesting that we pay in cash, and they do not give us a receipt. They previously deducted it from our paycheck and now want cash only. In addition to that they are charging us ...

    Andrew’s 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, although not necessarily cash, are treated as such by the employer, otherwise they would not have deducted the amount from your wages.

    See question 
  • How many breaks and time length of the breaks need to given to employees

    I want to know how many breaks and the time length of each break my boss has to give me

    Andrew’s 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.

    See question 
  • At work, I was told if an employee gets hurt and files a report, throw away the evidence. Is that tampering in Las Vegas ?

    A employee came to the Security Officer to file a report that she got stuck with a needle from cleaning a hotel room. The supervisor came over and I took photos of the needle. Then placed the needle into a envelope. I placed on the table and to...

    Andrew’s 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 been a crime to cover-up. So, "no", this isn't tampering with evidence. And "no" there is no Nevada statute on-point dealing with this situation. But, if you feel like a crime was committed, then report it to Metro. If, after you've reported it, the hotel treats you differently and/or terminates you, then you may have a legal claim against the hotel. Possibly.

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

    The company i work for has been sold. the new owners this week, say they are not responsible for past wages. but the old owners say they are. I still have the company truck in my yard. i would like to retain possesion until i get my money, but i a...

    Andrew’s 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 committing a felony.

    See question 
  • Does my daughter have a right to appeal the denial of her unemployment by her former employer?

    My daughter is a dental hygienist and work for a private practice. The practice was slow and the Owner/Dentist told her that she needed to try and raise her daily production and told her she needed to recommend additional services to patients t...

    Andrew’s 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.

    See question 
  • A sexual harassment case

    why girlfriend has an on going sexual harrassment case at the workplace . other girls including i believe 2 of them that have cases of there own.All in a nut shell, my girlfriend was grabbed in the breasts at work . The company retaliated and not...

    Andrew’s 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 case. I have to be frank, however, there are likely no "side deals."

    I'd like to have more information as to why your current attorneys are attempting to settle for such a small sum.

    See question 
  • Can i sue my employer because my supervisor used deception to make sexual advances on me?

    Okay i'm a guy, supervisor is a female, the company is a national sales and marketing company that controls around 80% of merchandising business in the nation. She told me to come over for dinner, drinks and sex. I have repeatedly asked is she ...

    Andrew’s Answer

    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 policy. Not to mention, you are effectively blackmailing each other.

    It doesn't sound like there is quid pro quo harassment (i.e., she did not make your employment contingent upon having sex with her). Nor does it sound like she created a hostile work environment (i.e., she did not make inappropriate sexual comments, touches, leering, etc.).

    You are both lucky to still have a job. As much "proof" as you have, she has the same "proof" that you acted wrongly.

    I am not licensed in your state but I'd be shocked if anyone interpreted this differently.

    See question 
  • Can i sue my employer because my supervisor used deception to make sexual advances on me?

    Okay i'm a guy, supervisor is a female, the company is a national sales and marketing company that controls around 80% of merchandising business in the nation. She told me to come over for dinner, drinks and sex. I have repeatedly asked is she ...

    Andrew’s Answer

    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 policy. Not to mention, you are effectively blackmailing each other.

    It doesn't sound like there is quid pro quo harassment (i.e., she did not make your employment contingent upon having sex with her). Nor does it sound like she created a hostile work environment (you had consensual sex, i.e., sex that was not conditioned upon continuing employment or other employment-related benefits).

    You are both lucky to still have a job. As much "proof" as you have, she has the same "proof" that you acted wrongly.

    I am not licensed in your state but I'd be shocked if anyone interpreted this differently.

    See question 
  • I am 7 months pregnant and at my job they changed my position to try to get me to quit so they don't have to fire me. Can I sue?

    I work for a printing company and I was changed from being a Sales Rep to working hands on bindery only. Which is an all physical labor job. They would prefer I quit so they don't have to pay unemployment, I believe. There have been suggestions fo...

    Andrew’s Answer

    The prior answer to this question is dead-wrong. The federal Pregnancy Discrimination Act makes it illegal to subject pregnant employees to differing terms and conditions of employment simply because they are pregnant. In other words, pregnancy is a protected class because it is a form of gender discrimination that is, itself, prohibited by federal and every state law. That assumes your employer has more than 15 employees, in which case the federal law applies.

    If your employer is pressuring you to quit because you are pregnant, then they are being sexist and discriminatory. Immediately consult an attorney before your rights lapse.

    See question