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Juan Manuel Armenta

Juan Armenta’s Answers

219 total


  • Do I have a case for my situation wrongfully terminated and payed wrong such as overtime and time and a half

    I was fired by my boss while I was on disability due to an accident I was involved in. During this time there was a night I was wit my family and friends and an incident happened were one of my family members got into a fight with a close friend o...

    Juan’s Answer

    If there are irregularities in overtime pay that is a fairly straightforward case if there are time records. An attorney specializing in wage and hour issues can help and the employer will have to pay the attorney fees.

    The discrimination claim is more fact sensitive, but you should consult counsel.

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  • Do car salesmen on commission get overtime pay

    salesmen receive a draw against commission (non taxable) on the 20th of ea mo. at the endo of the month they receive all their earned commission less the draw. Are they entitled to overtime pay

    Juan’s Answer

    The regulations are complex and there is not enough data in your question to formulate a good answer. The comments posted here by the other attorneys are accurate and show that the question is facts sensitive. Your best bet is to consult an attorney that handles wage and hour issues.

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  • Should I attend my MSC hearing for workers compensation? my attorney said it was not necessary for me to attend

    i am not sure my attorney has my best interest at heart

    Juan’s Answer

    MSC's are generally a misnomer as ore often than not nothing settles at the MSC. Usually just a trial date is set and as the trial date approaches the defense attorney/adjuster finally begin to make an analysis of the case that may lead to a reasonable settlement.

    You can certainly go if you want to waste time and gas money, but I usually have my client not attend so that they are not inconvenienced. If there is a basis for settlement it will have already been discussed at least in general parameters. And, if there is a decent offer there is paperwork to be done anyway that can be done more conveniently than having the client waste time on an unnecessary trip.

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  • Can an employer have people work for them for free? Our boss is cutting hours and pay.

    We are in the business of publishing. He then seeks people to do our work for free not even college credit of they are students. Is this legal?

    Juan’s Answer

    Your question is incomplete and cannot be answered, but generally anyone performing work for another is presumed by law to be an employee with the burden of proof on the employer to show otherwise.

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  • Employment attorney

    my doctor has taken me off of work for work related stress. Now my boss is trying to get me to sign a settlement agreement saying that I quit my job when my dr took me out of work. He is trying to have me sign away all my rights.

    Juan’s Answer

    This seems like a workers compensation issue and consultations for workers compensation are free. You can use AVVO to find a lawyer specializing in workers compensation near you.

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  • Do I need a new workers comp attorney?

    I was injured at work my meniscus was torn. I had surgery last April, had therapy for a month or so. Then the Dr. Sent me back to work. I told him I couldn't, I felt I wasn't better, he ignored me. I haven't met with my attorney, I have only been ...

    Juan’s Answer

    If you cannot speak to your lawyer and only paralegals or hearing representatives you are with the wrong law firm. Avvo is an excellent source to find well qualified attorneys and simply pick up the phone and speak with an attorney who is willing to help and do their job properly.

    Good luck.

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  • I was just terminated from my job. My work inputs it in the system that I have taken breaks, but I never did.

    I was employed by my job from March until today. I was written up once in the past for "poor performance". I have worked 15 hours days, and not paid overtime. Also, my work has never let me take a break because they said its "too busy" or "no one...

    Juan’s Answer

    What can you do? Consult with a wage and hour lawyer right away.

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  • Employee Mileage Reimbursement

    I am asked to do In Home consultations for my company. So I often leave work to drive to a "potential" buyers home. Potential being, a lot of times its a wasted trip, sometimes they buy. Thus far, my mileage has been included on my taxavle payheck...

    Juan’s Answer

    Mr. Basham is correct. It may be a mistake but it would also not be the first time a sales company did not fully reimburse travel expenses to all sales personnel.

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  • I am a weed abatement contractor whom is getting threatened to be sued by a homeowner for discing land above his house.

    I received a phone call from a homeowner who's rental home got covered in dirt runoff by these crazy storms. The property in question is above his on a slope. I was hired by the property owners and have been discing their property for the past 20+...

    Juan’s Answer

    It sounds like proof of where the dirt came from will be difficult and expensive to prove. If that is true it is not likely he will find an attorney to take they case on a contingency basis so suing you would be very expensive. So, unless he is willing to cough up thousands, perhaps tens of thousands you may not get sued. Of course, some lousy attorney may take a couple of thousand, not research, file a suit and cause you a headache. But, assuming you are insured this is precisely why you have insurance. If you are sued just hand it over to your insurer.

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  • Workers Comp Doctor changes work status without examination, stops TD benefit's and doesn't tell anyone. Is that legal?

    This Doctor hasn't even seen me in 4 months the NP of the office has been doing monthly exams , reports & issuing meds. My TD payments stop coming I research find out insurance carrier was notified from Doctors office, I just had my monthly 4 days...

    Juan’s Answer

    These lawyers are correct. It is quite probable that the adjuster called the doctor and suggested this result. Your lawyer needs to assist you in changing to a physician less willing to do what the adjuster wants and is more interested in the facts.

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