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Scott Ivan Fegley

Scott Fegley’s Answers

346 total


  • Should a current employee sign a restrictive 12 month non compete?

    Current employer is asking ALL employees to sign a non compete. The doc specifies a 12 month non compete for direct or indirect work with competitors in north america whether current employment is ended voluntarily or involuntarily. It is stated t...

    Scott’s Answer

    Unfortunately, in New Jersey an employer can require employees to sign a non-compete with no additional benefit other than your continued employment. If you choose not to sign, the employer may terminate your employment.

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  • Can I sue her (she's a part owner) for sexual harassment because I'm in a hostile work environment daily

    I am a male 50 years old. I've been working for the same small company for 16 years (blue collar). The owners wife(who is also the mgr/owner) hit on me for a long time and at some point I gave in and we had an ongoing affair for about 7-8 years. W...

    Scott’s Answer

    The "quid pro quo" type of sexual harassment you are experiencing is illegal. I recommend consulting a qualified employment attorney as soon as possible. Keep a log or journal of the treatment you are experiencing so if you are fired and have to take legal action, you have a record of dates, times, etc. instead of having to rely on your memory. It will help both you and your lawyer later on.

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  • Can I file for discrimination against my employer

    I was let go from the school district because of retaliation, a school bus driver pulled up on my car when my car was already in reverse I contacted her employer to report her and her boss call my job and told lies and I was discharged from my job...

    Scott’s Answer

    You haven't provided enough information to tell whether discrimination based on your race was truly a factor. You should schedule a consultation with a qualified employment law attorney to discuss the situation in detail.

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  • What should I expect and when should I settle? Also why does my attorney not contact me

    2 years ago I was in a accident with my 6 month old son. A young girl ran a stop sign doing about 40 mph (there are witnesses). I suffered 4 herniated discs and a bad knee. Thank God my son's okay. I worked off books at time ended up loosing my j...

    Scott’s Answer

    It sounds like you need a new attorney. You have a serious case and a good attorney would have kept you informed of every step he or she had taken to pursue a settlement for you. At this time, you should be concerned and ask whether the attorney filed a lawsuit in time to protect your claim. You have only two years from the date of the accident to file a claim or you lose your rights to sue. If your attorney did not file the lawsuit in time, you will have to sue your attorney for malpractice. You should consult a qualified personal injury attorney immediately.

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  • Do I have a case.I was unfairly let go

    Was in a position that was abolished they said it was a layoff because of money after 23yrs a temporary person was hired do I have a case would like to meet with a lawyer if I do.

    Scott’s Answer

    You are encouraged to consult a qualified employment attorney. Being replaced by a temporary employee in and of itself does not make your layoff illegal. However, give that you worked there 23 years there could potentially be issues of age discrimination. Too many additional facts are needed.

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  • Terms and condition of my original employment offer has been changed. What should I do in this scenario?

    According to the signed employment offer letter dated Feb 2012, Key Performance Parameters (KPP) bonus will be made in 2 equal payments after the first 6 months of the calendar year and the end of the calendar year. In 2012 and 2013 everything was...

    Scott’s Answer

    What you can do depends on whether the bonus Is discretionary or whether it is based on achievement of certain goals or objectives. If the bonus is discretionary, the employer can choose not to give it or alter the terms any time. If the bonus is based on you meeting certain objectives, and you have met them, the employer cannot turn around and deny the bonus. It may change the parameters or objectives for a bonus in the future, but not retroactively.

    First, I'd recommend a consultation with a qualified employment attorney who can read your offer letter and get more facts about the history of your bonus payments. If indeed you have met the bonus requirements and the employer is reneging on its promise, you may have legal remedies against your employer. However, you have not provided sufficient information here to make that determination.

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  • What recourse do I have at work?

    One of my bosses has made homophobic comments to me which makes me very uncomfortable. I have several people in my life who are gay and these comments are very inappropriate. Most recently I was told they did not go to a doctor I recommended becau...

    Scott’s Answer

    Unfortunately, unless you are gay yourself and are being harassed or discriminated against on that basis, you have no recourse.

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  • Can my employer decide not to pay me my owed salary and severance because he is closing the business?

    My boss just told me on Friday he is "closing the doors" and the business is done. He still owes me my first week of pay that was withheld, money he never paid me for two pay periods ago, a paycheck for the current pay period (ending next Friday)...

    Scott’s Answer

    No. He cannot. He owes you your wages up to the termination of your employment, although perhaps not the severance pay unless you have it in writing. He may be personally liable to you for your wages under PA's Wage Payment & Collection Law. Contact a qualified employment attorney to assist you. Our office is located in Yardley.

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  • How many days prior to the motion date does the adversary have to apply for an extenstion?

    Our court date is scheduled for mid December, can the adversary ask for an extension only days before?

    Scott’s Answer

    There is no specific rule. An attorney can ask for a continuance on the day of a motion hearing, but it is within the court's sole discretion as to whether or not to grant the continuance. The closer to the date of the hearing, the better the reason an attorney must have for a continuance. For example, if an attorney requests a continuance within 24 hours of the hearing because of a death in the family, it will likely be granted. If the attorney requests the continuance simply because he is unprepared, most likely not.

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  • Is it illegal.

    I work for a drug and alcohol counseling agency as a driver and I have been there over a year. We get paid bi-weekly. Anyhow, the owner does not pay time and a half for hours that exceed 8 hrs. Also, if we work over eighty hrs during the bi week p...

    Scott’s Answer

    It certainly appears to be illegal. An employer must pay time-and-a-half for all hours worked in excess of 40 hours per 7-day work week. An employer cannot move hours around to move excess hours into a week with less hours to avoid overtime. You should promptly contact a qualified employment attorney to assist you. You live in NJ but do not say in which state you work for the employer. Be sure to find an attorney who practices in the state where the employer is located or where you worked for the employer.

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