Questions answered by David Andrew Mallen

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Will insurance/Workers comp. back out of paying medication if i plan on getting a lawer?

David's answer | Answered on January 26, 2013

Insurance and workers compensation adjusters have lawyers on their side and may take advantage of you if you don't have a lawyer on your...

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Is it illegal to hire an employee, knowing that you will fire them within 95 days and replace them with a former empolyee?

David's answer | Answered on January 26, 2013

I don't see any present or future legal problem. Also, I would not over-estimate the passing of the 90 day probation period. That gives you no...

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I am the plaintiff in Wrongful Termination Case, Defense counsel committed fraud. I reported to the BPR , BPR does nothing

David's answer | Answered on January 26, 2013

Sounds like break of settlement agreement and fraud to induce you to sign a settlement agreement. You and your attorney will need to strategize....

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IfI am on FMLA and short term disability with no return date to work, can I be forced to sign a waiver of rights ending my STD?

David's answer | Answered on January 26, 2013

Do NOT sign any resignation letter or waiver of rights without consulting a lawyer in your state. David Mallen

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Is this considered a inflexible leave of absence policy or a case for EEOC?

David's answer | Answered on January 26, 2013

An automatic policy is direct evidence of disability discrimination an could be evidence of retaliation for filing a workers comp claim. BUT,...

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Wage and hour compensation in nys. Disability discrimination?

David's answer | Answered on January 26, 2013

I recommend you document every incident in a little calendar or notebook that you keep on your person at all times -- not in your work desk....

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I am on FMLA, I was put out due to stress and anxiety. As I have been out I have been hearing that my job duties are changing.

David's answer | Answered on January 26, 2013

Mergers frequently result in job loss and restructuring of job duties. Employers can do this as long as they have legitimate business reasons. Of...

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Should requests for production of documents be limited to non-abstract matter?

David's answer | Answered on January 26, 2013

How many angels can dance on the head of a pin? The rules of discovery are extremely broad. If the evidence is relevant to the subject matter or...

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Am I being shorted pay?

David's answer | Answered on January 26, 2013

A new California case says that if you are scheduled to work one hour for a store meeting, that is all you get. Reporting time pay will not get...

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Can an employer tell you to report 8 hour days on a time sheet, when in fact you are working 11 hour days without firing you?

David's answer | Answered on January 26, 2013

Buy yourself a daily calendar and record your true hours of work, including your lunch breaks. Put down the time in, time out, and time in and out...

David Andrew Mallen's Answers (645)

Will insurance/Workers comp. back out of paying medication if i plan on getting a lawer?

Is it illegal to hire an employee, knowing that you will fire them within 95 days and replace them with a former empolyee?

I am the plaintiff in Wrongful Termination Case, Defense counsel committed fraud. I reported to the BPR , BPR does nothing

IfI am on FMLA and short term disability with no return date to work, can I be forced to sign a waiver of rights ending my STD?

Is this considered a inflexible leave of absence policy or a case for EEOC?

Wage and hour compensation in nys. Disability discrimination?

I am on FMLA, I was put out due to stress and anxiety. As I have been out I have been hearing that my job duties are changing.

Should requests for production of documents be limited to non-abstract matter?

Am I being shorted pay?

Can an employer tell you to report 8 hour days on a time sheet, when in fact you are working 11 hour days without firing you?