Questions answered by Richard Steven Swartz

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Can you be fired in NJ for being out sick for 3 days?

Richard's answer | Answered on February 19, 2013

Yes, unless the sickness qualifies as a serious health condition under the FMLA or a disability under the ADA or the NJLAD, and certain other...

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Bank that has 8 branch managers 2 of us are salary and the 6 others hourly. Is that legal?

Richard's answer | Answered on February 11, 2013

It may be legal. The question I see is, why the disparity? For example, if the 2 salaried managers are really non-exempt employees with a...

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Can my employer take my whole paycheck and leave me with nothing?

Richard's answer | Answered on February 11, 2013

There may be minimum wage and, as already stated, wage payment issues. You should consult with an experienced employment attorney. Richard...

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What builds wrongful termination with FMLA ?

Richard's answer | Answered on May 27, 2012

You very well may have a claim under the fmla. You should speak w an employment atty licensed in the state in which you were working. Richard...

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My employer lied about the reasons for denying unemployment, is this defamation?

Richard's answer | Answered on March 10, 2012

While unfair, I suspect your former employer's communications with UC will not rise to the level of actionable defamation, either due to the likely...

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I would like to know if you believe I have a case.

Richard's answer | Answered on March 10, 2012

I'm not sure I understand what happened but if you are saying that you were fired because you refused to lie for your supervisor then you may have...

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Reg: back pay

Richard's answer | Answered on March 10, 2012

Your entitlement to unpaid wages should not be contingent on your status to work in the U.S. Assuming you were not an "exempt" employee within the...

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Can i win my appeal if i have my unioun rep to speak on my behalf im being accuse of serve misconduct

Richard's answer | Answered on March 10, 2012

If you have any witnesses to testify on your behalf that would help. Fortunately the burden should be on your employer since you are a member of a...

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What type of lawyer do I retain to possibly sue my former employer for sexual harassment, defamation of character, wrongful term

Richard's answer | Answered on February 25, 2012

They should speak w an experienced employment lawyer licensed in NJ. I would be happy to speak with them. My office is in Cherry Hill. Richard...

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I signed a non compete in 2007 how can i get a copy now.

Richard's answer | Answered on February 25, 2012

I'm not a TX atty but try sending a ltr or better yet an email recapping her refusal to give you a copy and requesting again a copy. Say you will...

Richard Steven Swartz's Answers (111)

Can you be fired in NJ for being out sick for 3 days?

Bank that has 8 branch managers 2 of us are salary and the 6 others hourly. Is that legal?

Can my employer take my whole paycheck and leave me with nothing?

What builds wrongful termination with FMLA ?

My employer lied about the reasons for denying unemployment, is this defamation?

I would like to know if you believe I have a case.

Reg: back pay

Can i win my appeal if i have my unioun rep to speak on my behalf im being accuse of serve misconduct

What type of lawyer do I retain to possibly sue my former employer for sexual harassment, defamation of character, wrongful term

I signed a non compete in 2007 how can i get a copy now.