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Sean Francis Byrnes

Sean Byrnes’s Answers

7 total

  • Estate Property...

    Sean’s Answer

    I would not characterize it as stolen. Someone needs to seek appointment as an administrator of his estate, unless there are no assets other than the truck. To be appointed, one of the daughters would have to file a legal action seeking to be appointed. You firsts want to make sure that he definitely did not have a will.

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  • Can a NJ employer take out money from your paycheck w/o telling you?

    Sean’s Answer

    You should be able to recoup the overpayments, but you may have to be persistent pursing the funds. An employer cannot withhold or deduct funds in excess of what they are legally authorized to deduct.

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  • If I quit my job will I qualify for unemployment!?

    Sean’s Answer

    If you quit or resign your job, you will probably not qualify for unemployment benefits.

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  • Does an employer have a legal obligation to re-employ me after a long term illness. I was declared permanently disabled.

    Sean’s Answer

    Your question is very fact sensitive. It would depend on what your status was when you were out on disability. Some employers have generous medical leave policies, others do not. If your employer had a policy then its policy would be a starting point. There are federal and state laws that protect employees who need time off for a medical situation. However, your employer might have no obligation to re-employ you if they have satisfied all requirements of state and federal law. Again, the answer is very fact sensitive.

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  • Can I bring a suit against my former employer

    Sean’s Answer

    The rights of employees suffering from a medical condition can be complicated. If the medical condition is an any way related to work, then our workers compensation laws apply. If the medical condition is not work related, then there are other protections such as the Family Medical Leave Act (FMLA) as well as New Jersey's Law Against Discrimination. If you believe the termination was related to your pending surgery, then you may have a basis for a claim.

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  • Need advice to switch my employer

    Sean’s Answer

    These types of legal issues are very fact sensitive. While our courts do no wish to restrict the ability of an employee to move from one job to another, in certain circumstances, a court will enforce a written agreement not to compete with an employer's competitor. A court, in my opinion, is more likely to enforce a non-solicitation then a non-compete. If you were introduced to this company that is offering the job, as a result of your employment with your current employer, then the likelihood of a court enforcing the non-solicitation increases. Other factors include: 1. Did you sign the agreement upon hiring or later? 2. Were you given any $$ or consideration for agreeing to the restrictions? 3. Did Comp A solicit you without any contact from you? As noted by other attorneys responding, you need to get the agreements to an attorney to review.

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  • I am looking for an employment lawyer ?

    Sean’s Answer

    New Jersey law provides protection for whistleblowers and also does not allow for termination of employees for reasons that violate NJ public policy. If the actions of your employer were motivated by a desire to avoid scrutiny over the safety of the site on which you were working or avoid liability due to the unsafe nature of the working environment, then you likely have a claim under NJ law.

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