The primary issue for the Court to consider at the summary judgment stage of a proceeding is if there are any material facts in dispute. While I...

Emotional stress/ trauma from employer, what should i do? can i sue?

You need to consult an attorney for a thorough answer. Intentional Infliction of Emotional Distress is very difficult to prove, and state by...

To put this in lay terms, you must think of a motion practice in federal courts as ping-pong. Whoever files a motion for summary judgment will...

Is my employer shorting me on overtime pay?

If you are exempt, that is an argument (and affirmative defense) your employer will have to argue. Your best course of action is to consult an...

Is it a bad sign if the Judge has set a date for hearing my Motion for Summary Judgment when I chose not to request a hearing?

Judges in state court will hardly ever grant motions without conducting a hearing (even if you check a box stating you do not want a hearing on...

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When an employer fires ( Terminates) you by phone is that legal ??

Terminating an employee by phone may be passive aggressive, but as long as the termination is not retaliatory, then there is nothing illegal about...

Can I trademark a business name if I do not planning on starting the business for a few years?

The intent to use application is a good way to go, however, you could potentially run into issues with abandonment, if the mark is not used. ...

Even if your employer does does change you from a salaried employee to an hourly employee, there are federal and state wage requirements that he or...

You should consult an employment attorney. Federal law has certain requirements for employers when they are asserting a tip credit against an...

Can my employer force me to stay at my job off the clock?

Federal law requires your employer to maintain the hours that you work. If you are being required to work "off the clock" keep track of these...