Archived
Can my employer give its attorney access to my personnel file without permission when I am merely a witness for another's claim?
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Answered on November 18, 2011
Yes. Attorneys investigating employment discrimination and other employment related claims often request the employee files for several employees,...
Archived
Americians with Disablities act does that apply to parents of children with disablities?
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Answered on October 29, 2011
The ADA/ADAAA does offer some protection to parents of disabled children. The protection, however, probably would not apply in your case. The ADA...
Archived
Am I bound to an employee contract after I am no longer an "employee" of a company?
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Answered on October 29, 2011
The provision you are referring to is not a "choice of law" provision in the legal sense (although it may be included in a "choice of law"...
Archived
Can my current employer deny my Worker's Comp claim for Carpal Tunnel Syndrome if it was partially caused by my previous job?
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Answered on October 26, 2011
I am sorry to hear about your Carpal Tunnel Syndrome. It sounds painful and inconvenient to say the least.
Workers compensation insurance...
Archived
Can a company refrain from paying time and a half on major holidays.
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Answered on October 26, 2011
Under the Fair Labors Standards Act ("FLSA"), employers are not required to pay employees time-and-a-half for work performed on holidays. Here is a...
Archived
This week I was forced to take a $700 a month pay cut. Will I be eligible for unemployment? Is it illegal?
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Answered on October 24, 2011
It appears that you can apply for "partial" unemployment in North Carolina. Eligibility appears to occur when a payroll attached claimant, working...
Archived
How to get out of Non-Poaching clause?
Tyson's answer
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Answered on October 23, 2011
It is difficult (or nearly impossible) to determine whether the clause is enforceable without being able to review the contract as a whole but,...
Archived
Cross examination procedure for counter motion
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Answered on October 23, 2011
In some cases, if the same witness is being called by both sides, the court/judge will request that the witness provide all of his or her testimony...
Can a verbal agreement between an employee and employer be withdrawn before it is a written agreement by either party?
Tyson's answer
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Answered on October 22, 2011
This depends on the terms of the agreement and can be quite nuanced. Generally speaking, an "agreement to agree" is not enforceable. So, if your...
In Federal Court (Florida) how long do I have to file a Response to a defendants Motion to Dismiss (it is on an Amended Comp.)
Tyson's answer
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Answered on October 21, 2011
To clarify a few points: In the Southern District of Florida (Fed. Ct.), the local rules provide:
Each party opposing a motion shall serve an...
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