Questions answered by Alix R. Rubin

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Do I file an unemployment claim if my job is terminated while I am out on short-term disability or do I wait until my STD ends?

Alix's answer | Answered on January 09, 2016

You should consult with an attorney, as you may have a disability discrimination claim. To answer your question, apply for unemployment now so...

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Should you request a reasonable accommodation without a lawyer? & Which doctor should provide such medical documentation?

Alix's answer | Answered on January 01, 2016

Your best bet would probably be to present documentation from both doctors. If that doesn't get you what you need then you should definitely...

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How do I determine which NJ law protects me from the actions of my employer and what kind of damages I might be entitled to.

Alix's answer | Answered on December 24, 2015

You are entitled to be paid any earned commissions under New Jersey's wage and hour laws, and your employer's principal could be found personally...

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Is there a way I can negotiate a layoff so that when I leave I could get unemployment?

Alix's answer | Answered on December 06, 2015

Yes, an employment lawyer can help you negotiate a separation package that may include some severance pay in addition to the ability to collect...

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Question about overtime: I work for a nyc agency that offers overtime but my particular boss does not partake.

Alix's answer | Answered on December 01, 2015

Overtime is mandatory under federal and state law for employees who are considered non-exempt. Whether you are in this category depends on your...

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Can a company rescind their severance after informing the employees what they would receive?

Alix's answer | Answered on November 23, 2015

Depending on the number of employees in the company and the number of employees affected, you may have claims under New York's WARN Act, which...

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Non compete agreement with employer

Alix's answer | Answered on November 23, 2015

Review of both agreements during a private consultation with an employment attorney would be necessary before your question can be answered.

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Do I have to continue reporting EEOC violations to Human Resources after they performed a sham investigation and retaliated?

Alix's answer | Answered on November 10, 2015

As you said, this is very fact intensive and requires a detailed individual analysis by an experienced employment attorney. Based on the details...

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Do we need to supply the independent contractors with insurance or will that go through the clients directly?

Alix's answer | Answered on November 06, 2015

As my colleagues have indicated, this is a complex question that warrants a legal opinion from an attorney experienced in handling...

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Do I have a case for hostile work environment?

Alix's answer | Answered on October 16, 2015

Sorry you are experiencing this. You may have a claim for pregnancy discrimination and failure to accommodate. You should consult with an...

Alix R. Rubin's Answers (1040)

Do I file an unemployment claim if my job is terminated while I am out on short-term disability or do I wait until my STD ends?

Should you request a reasonable accommodation without a lawyer? & Which doctor should provide such medical documentation?

How do I determine which NJ law protects me from the actions of my employer and what kind of damages I might be entitled to.

Is there a way I can negotiate a layoff so that when I leave I could get unemployment?

Question about overtime: I work for a nyc agency that offers overtime but my particular boss does not partake.

Can a company rescind their severance after informing the employees what they would receive?

Non compete agreement with employer

Do I have to continue reporting EEOC violations to Human Resources after they performed a sham investigation and retaliated?

Do we need to supply the independent contractors with insurance or will that go through the clients directly?

Do I have a case for hostile work environment?