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Terence Sean McGraw

Terence McGraw’s Answers

417 total


  • Would I have a good case of Wrongful termination based off FMLA leave

    Terence’s Answer

    There is not enough information to give you an answer. I recommend that you call a disability discrimination lawyer in your area for a free consultation. More details are needed to advise you. That lawyer can ask you the questions needed to determine if you have a claim.

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  • I work commission. Can my employer dock my pay to cover the payroll of another employee helping me.

    Terence’s Answer

    It sounds like there may be a couple of violations of wage & hour laws going on here. You should contact an employment lawyer in your area for a consultation. More detail is needed to advise you. Many lawyers will give you a consultation for free.

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  • Is it possible to be suspended from workplace due to hearsay on threats you supposedly made against a co worker?

    Terence’s Answer

    Mr. Hait's answer is correct. If you are a union employee, contact your steward. If you are not a union employee, contact HR and inquire why you are being disciplined without corroborating evidence or the chance to state your side of things. Reviewing your situation with an employment lawyer before calling HR would be a good idea.

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  • So my settlement hearing was postponed

    Terence’s Answer

    "No authority" means that the insurance company has not given its lawyer any money to work with to resolve the case. That does not mean you can't win your case. Your only options now are to abandon the case or take the case to a decision. If you have a lawyer, the lawyer will do what is necessary to obtain a decision in your favor. If you do not have a lawyer, get one.

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  • Can I be forced to resign or get fired for not wanting to take a promotion.

    Terence’s Answer

    Mr. Collins is correct. You can be fired. Under those circumstances, your termination would not disqualify you from Unemployment Compensation benefits if you qualify financially.

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  • Disability after unemployment

    Terence’s Answer

    I cannot comment on the letter you received, because I cannot recall ever seeing something like that. Unlike New Jersey, Pennsylvania does not have a state disability system. You should contact a New Jersey lawyer to determine eligibility under the New Jersey State disability system. Looking at your problem,assuming Pennsylvania law would apply, he has maxed out his unemployment compensation benefits. He might be entitled to apply for Social Security disability benefits depending upon his retirement age. If he is only a few months away from full retirement age, and he has not been out of work for 12 months for more, he will not meet Social Security's duration requirement (12-months). If, however, he is going out on early retirement benefits, he can apply for Social Security disability benefits as well. If he subsequently obtains a social security disability award, some or all of the early retirement benefits will be converted to disability benefits. Instead of a reduced benefit amount, he would receive his full benefit amount for the disability period, provided that his disability is found to begin prior to his retirement.

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  • Can someone who works in a restaurant legally be given a week on the street for eating at work

    Terence’s Answer

    Yes. Pennsylvania is an employment at will state. You can be hired, disciplined, or fired for good reason, bad reason come out for no reason at all. Generally, in the food industry, eating your employer's food while you are working is against the rules.

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  • What can I do if I feel my Hippa rights have been violated?

    Terence’s Answer

    You should talk to Employment lawyer in your area who handles claims for employees. Your supervisor does have to keep this type of information confidential. However, it sounds like he ran this information up the chain of command, which may not violate his obligation with regard to confidentiality. However, it does sound like you may be undergoing an inquiry which is in violation of the Americans With Disabilities Act. A lawyer needs to interview you to determine whether you have a claim. Use AVVO to locate an employment lawyer in your area who has a good score and good reviews from clients. Give that lawyer a call. Initial consultations are almost always free.

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  • Do I settle with my employer when I was hurt on the job and have about a two inch scar on my face just above my eye?

    Terence’s Answer

    You should consult with a workers compensation lawyer in your area. Facial scars are "specific losses" under the Pennsylvania Workers Compensation Act and are compensated based upon permanency and unsightliness. The Judge or the Appeal Board has discretion to award varying amounts of compensation for scars. There is are no hard and fast guidelines. Much will depend upon how the scar heals. The insurance company will likely make an offer that is at the lowest end of the value range for your injury. Workers compensation must pay for the medical bills. If you miss more than 7 calendar days of work due to your injury, you are entitled to lost time benefits.

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  • Can an OWCP lawyer be an out-of-state attorney?

    Terence’s Answer

    I disagree with my colleague. Pursuant to 5 UCCS sec 8116(c) the Employee's Compensation Appeal Board is given final and exclusive jurisdiction of FECA (OWCP) appeals. These case are not heard in the federal courts unless there is a constitutional issue. The Department of Labor states: "Appellants may proceed with appeals to the Board without the assistance of an attorney or other representative. However, an appellant may authorize in writing that an attorney, union representative, or other representative assist with the appeal. Appellant must provide the authorized representative’s address, email address, and telephone number. " Based on this information, a lawyer from outside DC would be able to represent you. The only reason you ay want to hire a local hearing is that all ECAB hearings occur in the DC only. Therefore, a non-local lawyer is going to be limited to written argument of your case, only. It would not be cost effective to pay a non-local lawyer to go to DC to attend an oral argument. It is my understanding that the great majority of cases before the ECAB are submitted and decid3ed without oral argument.

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