Questions answered by Alix R. Rubin

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Can my former employer withhold my 401k? I was recently terminated after 25 yrs.

Alix's answer | Answered on May 15, 2014

This is not legal. All employee contributions and any vested employer contributions to your 401k, plus interest and dividends, belong to you, not...

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I have a feeling I am about to be fired, how do I protect myself while I still work there?

Alix's answer | Answered on May 14, 2014

You may need to go out on disability leave. However, you should consult with an experienced employment attorney before taking any action.

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Can my boss take away my commission in a sales position if I have an at will contract and put me in a tip pool ? 50% less

Alix's answer | Answered on May 14, 2014

You should invest in a consultation with an experienced employment attorney, who will review your contract and determine whether you have a claim...

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My employer let me go due to lack of business and now refuses to pay commissions due to me, what can I do?

Alix's answer | Answered on May 09, 2014

You should schedule an appointment with an experienced employment attorney to weigh your options in going after your employer for any commissions...

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What can i do if i signed a non-compete agreement?

Alix's answer | Answered on May 06, 2014

Your question cannot be answered without a thorough review of the non-compete agreement you signed, as well as the nature of the work you performed...

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Should my employer pay me for required phone stand-by on my personal time?

Alix's answer | Answered on April 28, 2014

It depends on how much freedom you have to engage in other activities while you are on "phone duty." This is a fact-specific analysis that can...

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Is paying an employee that is salary on an hourly basis with no overtime, legal?

Alix's answer | Answered on April 21, 2014

To be exempt from overtime pay, your weekly salary has to be at least $455 and your primary duties must fall within certain executive,...

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If I signed an NDA as a Paid Contractor, does the same NDA apply if I'm hired full time?

Alix's answer | Answered on April 21, 2014

It depends on the language of the agreement. You should invest in a consultation with an attorney who will review the agreement with you to...

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I am a full time employee, can a small business not offer me any paid sick or vacation days?

Alix's answer | Answered on April 19, 2014

Beginning this month, if you work in New York City, your employer has five or more employees, and you were hired to work more than 80 hours a...

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Which state's employment law applies if I live in WA, employer incorporated in Texas, and I worked in New Jersey?

Alix's answer | Answered on April 17, 2014

Probably New Jersey, but a thorough review of your situation is required.

Alix R. Rubin's Answers (1040)

Can my former employer withhold my 401k? I was recently terminated after 25 yrs.

I have a feeling I am about to be fired, how do I protect myself while I still work there?

Can my boss take away my commission in a sales position if I have an at will contract and put me in a tip pool ? 50% less

My employer let me go due to lack of business and now refuses to pay commissions due to me, what can I do?

What can i do if i signed a non-compete agreement?

Should my employer pay me for required phone stand-by on my personal time?

Is paying an employee that is salary on an hourly basis with no overtime, legal?

If I signed an NDA as a Paid Contractor, does the same NDA apply if I'm hired full time?

I am a full time employee, can a small business not offer me any paid sick or vacation days?

Which state's employment law applies if I live in WA, employer incorporated in Texas, and I worked in New Jersey?