Michelle A. Reinglass's Answers

Having to let an employee go

First, as to the short-term employee who is not working out, if you have an "at will" agreement with her she would be held to be an "at will" employee who could be terminated for any lawful reason. That having been said, if there is any potential claim of unlawful treatment, such as discrimination, harassment, retaliation for reporting some illegal activity, etc., the company will be at risk of a lawsuit regardless of the lawful reason you have. There is no obligation to pay severance...

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Should i hire another lawyer for criminal defense?

having a lawyer who is a former DA is not necessarily something you should be looking for. You want a lawyer who knows and understands criminal law (versus civil or family or other legal area), and knows the court and can communicate with the district attorney (e.g. for purposes of trying to get case dismissed, or a plea bargain, or for discovery, etc.) If you don't have confidence in the lawyer you have, then you should interview several other lawyers to get advice or a second opinion.

1 lawyer agreed with this answer

Should i hire another lawyer for criminal defense?

having a lawyer who is a former DA is not necessarily something you should be looking for. You want a lawyer who knows and understands criminal law (versus civil or family or other legal area), and knows the court and can communicate with the district attorney (e.g. for purposes of trying to get case dismissed, or a plea bargain, or for discovery, etc.) If you don't have confidence in the lawyer you have, then you should interview several other lawyers to get advice or a second opinion.

1 lawyer agreed with this answer

Should i hire another lawyer for criminal defense?

having a lawyer who is a former DA is not necessarily something you should be looking for. You want a lawyer who knows and understands criminal law (versus civil or family or other legal area), and knows the court and can communicate with the district attorney (e.g. for purposes of trying to get case dismissed, or a plea bargain, or for discovery, etc.) If you don't have confidence in the lawyer you have, then you should interview several other lawyers to get advice or a second opinion.

1 lawyer agreed with this answer

Am I able to seek a law suit against a former employer on grounds of Disability Discrimination even EEOC Filing Deadline in CA?

California state law requires that you file a "Charge of Discrimination" with your state agency (Department of Fair Employment and Housing) for any claim of discrimination, harassment, or retaliation, within one year of the last adverse action by an employer. The time limits for filing with the federal agency, the EEOC, are even shorter. If the last adverse action by your employer took place in February 2009, then you needed to file with the agency by February 2010. If you are still within...

After standard ligitation in overtime and discrimination cases (depositions, mediation, etc), what % left is for the client?

Both answers already given are good, I would just add that depending on where you are in the litigation, sometimes the fee agreement provides that fee percentages may increase after certain points in the case. E.g. sometimes the percentage will be 30 per cent of any recovery, but after depositions, or after summary judgment motion, they go up to 40 per cent or higher. That may be an incentive to settle earlier in the game. Additionally, the recovery amount by way of settlement may diminish...

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What rights do an employee have against harassment from there boss?

Depending on the law of your state (for which you would need to consult with a local labor and employment lawyer), an employer is responsible for harassment based on sex, race, age, etc. by a supervisor against an employee. However mere cussing, yelling, eye-rolling etc, in and of themselves are not illegal. Unless you have evidence that the reasons for the conduct is a bias based on a protected category (e.g. your gender, race, ethnicity, age, disability, etc), then this would be considered...

2 months ago i was written up for misconduct; the employer elected to continue my employment at half my rate-now the employer

For an answer specific to your geographical area you may need to consult a local employment lawyer. In general, the answer depends on a number of things. Most employers may terminate an employee for any reason as long as it is not illegal. For example, they may not terminate you because they are biased against you based on a protected category, such as sex, gender, race, disability, national origin, age, etc. If you engaged in some misconduct, it apparently was not so egregious that they...

My employer is going out of after 2years and 4mnths of work.am i entiltled to severance pay?

Unless the law of your state, or your company's employment policies require it, there is no legal obligation for an employer to provide severance pay. You should look over your company policies, and you can check with a state agency such as an Employment Development Department, or a local attorney to find out if Utah has such laws. Here in California there is no law requiring severance pay.