Questions answered by David John Spellman

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DoI have a claim for Fraudulent Inducement in New York

David's answer | Answered on June 26, 2016

On this little info, not many unless you have a contract (which I doubt or you would have said so). I urge you to consult with an employment...

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In NY state is it legal for your employer to advise you that you must be available on call 24/7?

David's answer | Answered on June 26, 2016

Please consult a local employment lawyer to discuss the facts of your matter. I am guessing the "legal requirement" they are referencing is a...

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What is a full-time temporary worker considered for tax purposes if everything is the same as a permanent full-time employee?

David's answer | Answered on June 26, 2016

I have no idea what they are going to do. But the proper method is to do W-2. No employer needs give any benefits, apart from payroll...

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Why would two responses from attorneys I received in response to my question seem in opposition to what the IRS site says.

David's answer | Answered on June 23, 2016

To address your opening question, that's why we have courts. The IRS does not make the law but they take a "position" on what the law means. The...

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Should you use legal terminology (eg, hostile work environment, harassment, discrimination) in a formal EEOC charge?

David's answer | Answered on June 21, 2016

The more successful complainants have lawyers file them. Please consider consulting with a lawyer asap.

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Suspension for Using the Restroom "Too Much"?

David's answer | Answered on June 21, 2016

Consult with the union asap and file a grievance asap. Some contracts have a short time to grieve like 5 days. Key question...were you accompanied...

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Can dept of labor auditor ask me only for 2013 1099 records, then ask me to provide supporting docs for 2013 2014 2015?

David's answer | Answered on June 17, 2016

You need a lawyer ASAP. These questions are so fact-based that no intelligent answer could be given without seeing all the documents from DOL and...

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Do I have a good case if I was hurt at villaRoma resort

David's answer | Answered on June 16, 2016

An injury at work is properly a Workers Compensation claim and lawyers in that area of specialization can help you.

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I FILED A SUIT IN FEDERAL COURT E.E.O.C.. AGAINST a local county and its civil service dept.

David's answer | Answered on June 16, 2016

Common sense says get a lawyer. You are utterly foolish to try to represent yourself. Lawyers almost always grant extensions because there will be...

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What can i do about a company that hired me and then called me on the first day to terminate me?

David's answer | Answered on June 15, 2016

Unless you have a contract with them, no. You can apply for Unemployment. You should be paid for the orientation. If you want you can write...

David John Spellman's Answers (680)

DoI have a claim for Fraudulent Inducement in New York

In NY state is it legal for your employer to advise you that you must be available on call 24/7?

What is a full-time temporary worker considered for tax purposes if everything is the same as a permanent full-time employee?

Why would two responses from attorneys I received in response to my question seem in opposition to what the IRS site says.

Should you use legal terminology (eg, hostile work environment, harassment, discrimination) in a formal EEOC charge?

Suspension for Using the Restroom "Too Much"?

Can dept of labor auditor ask me only for 2013 1099 records, then ask me to provide supporting docs for 2013 2014 2015?

Do I have a good case if I was hurt at villaRoma resort

I FILED A SUIT IN FEDERAL COURT E.E.O.C.. AGAINST a local county and its civil service dept.

What can i do about a company that hired me and then called me on the first day to terminate me?