Archived
In a wrongful termination lawsuit, is emotional distress (not emotional distress damages) presumed? Does the plaintiff need to
Patrick's answer
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Answered on June 24, 2013
Emotional distress is never a "presumed" form of damage. Egregious violations of the law may make it easier for you to convince a jury that you...
Archived
Can you be terminated then re-instated with a demotion, when the original reason for termination was not your fault?
Patrick's answer
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Answered on June 24, 2013
The facts you have provided are insufficient to answer your question. Was your leave of absence going to be FMLA protected? How many employees...
Archived
I'm appealing my unemployment denial. Should I put on my applications to not contact my former employer?
Patrick's answer
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Answered on June 24, 2013
They can make the argument. It will be up to you to show that you quit with "good cause," which in turn will require you to demonstrate that a...
Archived
Can my employer significantly reduce my hours as a cashier based on not signing up enough customers for the store credit card?
Patrick's answer
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Answered on June 24, 2013
I'm sorry but unless you and your employer signed a contract that guarantees you a particular number of hours, your employer is free to reduce your...
Archived
Can an employee sue a former employer for being compensated as a private consultant?
Patrick's answer
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Answered on June 20, 2013
It would seem you are talking about being misclassified as an independent contractor when you should have been classified as an employee (paid with...
Archived
Employer appealed my Unemployment Claim, I won in court today, Judge said Wrongful Termination. Should I sue?
Patrick's answer
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Answered on June 20, 2013
The legal standard for collecting UI benefits is entirely different than the legal standard for proving wrongful termination. In a benefits...
Archived
Can I hold my homeowners insurance liable for damages in a person injury, dog bite case, if there is a canine exclusion clause?
Patrick's answer
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Answered on June 20, 2013
If the homeowners policy was revised to have a "canine exclusion," the only way to hold the insurance company responsible would be to argue that...
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Archived
If I report someone for stealing and my employer doesn't fire them but instead promotes them to shift supervisor, is that legal?
Patrick's answer
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Answered on June 20, 2013
I can understand why you see this as unfair. Unfortunately, what is unfair is not always the same as what is illegal, and this is such an...
Archived
Is there a law which protects me from employment related harassment by other employees and against the company?
Patrick's answer
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Answered on June 19, 2013
It's very unclear what you mean by "employment related harassment." Contrary to what many people believe, most forms of "harassment" are not...
Archived
Wish I could sue my college for fraud
Patrick's answer
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Answered on June 19, 2013
Lawsuits against graduate schools alleging false and misleading employment statistics are becoming increasingly common. To my knowledge, none have...
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