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Malik K. Cutlar

Malik Cutlar’s Answers

13 total


  • EEOC mediation. I am the former employee.

    At what point should I expect (or not expect) to be notified for a possible EEOC mediation with the defendant? I am in the process of locating an attorney and thought it might be to my benefit to search out an attorney now. Really just looking f...

    Malik’s Answer

    That is really hard to answer as it depends on the local EEOC office and their caseload. It could take anywhere from several weeks to several months or longer. I have known some EEOC offices to inquire first of the employer as to whether it is interested in mediation with the assumption that the employee will likely be willing to try and resolve the Charge. I have seen a number of occasions where the EEOC office will just inform the employee that the employer was not interested in mediation; so, you may want to wait until you get word from the EEOC before going out to hire a lawyer.

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  • I may get an one time lump sum severance pay from my previous employer. will this affect getting un_employment compensation ?

    I am entitled to draw in DC.

    Malik’s Answer

    It really depends on the language that is in your severance agreement and how it is worded. You really should have a lawyer review the agreement upon receipt. In some instances, a lawyer may be able to provide language that you can request from your former employer to specifically deal with the issue of your filing for unemployment compensation. In some instances, this is not feasible. Again, it really depends on the language in the agreement and circumstances surrounding your severance.

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  • Work place administrative leave for investigation

    I have been placed on AL with no explanation other than a premature complaint questioning my integrity. When I asked details as to when,where,how and who made the complaint I was advised I wouldn't be told at this point. I thought I was entitled t...

    Malik’s Answer

    It is not unusual for an employer to place the target of a workplace investigation on administrative leave during the time of the investigation and/or until a preliminary conclusion has been reached regarding the investigation. Typically, the employee is informed of the who, what, where, and why after the investigation is well under way or a preliminary conclusion has been reached. The employer has the right to investigate allegations of wrongdoing in the workplace and has latitude in determining how best to conduct the investigation. You did not mention for how long you would be on administrative leave, and maybe your employer did not tell you. You may want to make sure you let your employer know, via e-mail if possible, that you are ready, willing, and able to come back to work so that there is no confusion or subsequent allegation that you abandoned your job. The investigative process can be frustrating for an employee, but there is not much you can do in this situation.

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  • Executive Employment Contracts

    Are there any lawyers experienced in negotiating executive employment contracts in the Chesapeake area ? I need some to represent the Executive / Employee .

    Malik’s Answer

    Yes, there are lawyers experienced in this area of law, but not necessarily in the Chesapeake area. You should search Avvo or google attorneys experienced in employment law that may be able to assist you. I am attaching a link to an article I wrote some years back regarding executive employment agreements that you may find helpful.

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  • Our CEO has sexually harassed employees. If I confront him and am fired, do I have a retaliation case?

    CEO has past criminal background for sexual harassment. Four employees harassed since then to my knowledge. He has financially settled with 2 or more of them. The CEO refused to discuss with me previously until my performance review during whic...

    Malik’s Answer

    Generally, an employer may not fire, demote, harass or otherwise "retaliate" against an employee for filing a charge of discrimination, participating in a discrimination proceeding, or otherwise opposing discrimination. In your situation, if you are opposing on-going sexual harassment in the workplace or are providing a witness statement regarding a pending EEO claim, you would likely be protected. Of course, if you suffered an adverse employment action, you would also have to show that your protected activity was the cause of the retaliation ("causal connection").
    You may want to contrast actively opposing sexual harassment in the workplace, as opposed to discussing past events that are not on-going and that have been resolved. The latter may not be a protected employment action.

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  • I work for a retirement Home as the Security Manager if I am conducting an investigation do I need to read someone their rights

    If I am in an interview and someone states that they committed a crime do I need to read them their rights or is it legal for me as a Secuirty Manager not to.

    Malik’s Answer

    Since you are not a state actor, meaning a sworn police officer, sheriff's deputy, or some other law enforcement official employed by the Commonwealth, you do not have the responsibility of providing someone Miranda rights when questioning them pursuant to a workplace investigation. However, you may have a responsibility per your job to report a crime if one has been reported to you.

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  • I am in a continuing custody war with my ex partner, she can afford to use her attorney, I cannot. How do I fight back?

    In June we agreed on C/V... I am following the rules, yet she and her attorney keep reinterpreting the order, hence I get threatening letters, such as proving m y adoption of my children was fraudulent, or getting jailed or fined. I am a small bus...

    Malik’s Answer

    You may try contacting Legal Services of Northern Virginia. If your case is outside their jurisdiction, they may have a referral to a similar type of organization. If you do not qualify under their income guidelines, you might try contacting a lawyer through the Virginia Lawyer Referral Service. You pay a small fee to the Service and get up to a half of an hour consultation with a lawyer. From your description, it appears that you will need to obtain a lawyer to represent your interests one way or the other.

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  • I was recently terminated from a job based on a violation of policy, that is often broken by other employees, can I sue?

    I was terminated from a wireless company, based on a violation of policy. It was a friends and family policy. I was the asst store manager-on this day i advised my store manager that my friend wanted to get cell phone service at our store-he agree...

    Malik’s Answer

    Generally, if you have violated an employer's work policy and are fired based upon violation of that policy, you will not have a valid claim unless you can show that others in your position (or very similar employee position) violated the same policy and were not disciplined in the same manner; AND the difference in treatment was based upon an illegal classification such as race, gender, age, national origin, etc.
    Personality conflicts or favoritism that does not relate to one of the impermissible classifications is not a basis for a lawsuit.

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  • What are the differences between criminal prosecution of theft and a civil suit for conversion?

    what is typically needed to proof differences between criminal prosecution and civil suit to excist?

    Malik’s Answer

    With a criminal prosecution, the case is brought by a state or county office authorized to file criminal cases against individuals on behalf of the public. In order to prove that the person prosecuted is responsible for the theft, the prosecutor's office will have to present evidence that will convince the judge or jury (almost all defendant's opt for a jury trial) beyond a reasonable doubt.
    A civil case of conversion is usually brought by an individual plaintiff against a defendant, and the remedy sought is usually return of the converted property along with some money damages. In order for the plaintiff to prevail in a civil case, they must present clear and convincing evidence that the conversion occurred, or the preponderance of the evidence must be in their favor. You have to check your State's civil law to find which level of proof is required.

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  • Can I to resign from my job due to it being a hostile work environment, stress on me and still recieve unemployment benefits?

    I work in a very hostile and dangerous work environment. My agency is constantly on the news for co-workers committing illegal acts (such as a co worker giving an inmate a cell phone and a gun). I fear for my safety everytime I clock in. We are cu...

    Malik’s Answer

    Generally, a person who resigns from a job is not entitled to unemployment compensation. The determination as to whether you are in a legally recognizable hostile work environment will come long after you have applied for, and likely been denied, unemployment compensation. Unemployment offices generally just look at whether a person resigned (no benefits) or was fired (possible benefits); and if the firing was for any sort of misconduct, then the benefits may be denied on that basis. However, you should check with your state's unemployment office to see if there any exceptions to these general rules.

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