I was terminated from my job and am looking for an attorney to assist in obtaining severance in arbitration. I need to go through arbitration in my contract and my employer reneged on paying severance of my 2015 bonus that was partially earned. Th...
Read your Arbitration Agreement carefully to see who has to pay what. If there is a fee shifting clause where the loser pays the winner's attorneys' fees, you might be able to get an attorney to take it on contingency. However, most of the time it is up to the arbitrator's discretion to award attorney fees, so it's no guarantee. Also you can ask the arbitration association to let you represent yourself "in forma pauperis" - thereby waiving the arbitration costs you'd otherwise have to pay to participate in arbitration. You can always ask about a payment plan. A $5K retainer is about average for a good lawyer...See question
I am a school teacher with 19 years of service. A few months ago, I was diagnosed with cancer and am currently undergoing chemo. My last treatment has made me extremely tired, so today I took a nap in the staff lounge. The principal woke me up ...
I'm very sorry about your diagnosis, but first, we need to look at it from the principal's position. If he/she has no idea about your diagnosis or treatment, to them it probably appeared that you were just taking a nap, or worse had the flu (you told him/her you were sick) and were subjecting others to your germs by not going home when asked. He/she is not a mind reader. HOWEVER, if he/she knew you about your chemo, that would be a totally different situation! Once an employer has notice of a medical disability (which cancer is in most if not all states), they are required by law to give you reasonable accommodation to enable you to perform your duties. While I understand your desire for privacy, formally disclosing your condition (and asking for confidentiality if that's what you want) may be the best way to protect your position going forward. Provide a doctor's note, and I would guess your employer's response will be quick and supportive. And if you are in a union, notify your rep in writing. Happy to help if needed. Treatment is amazing these days, so wishing you a speedy and full recovery.See question
I worked for a private company for 10+ years. I received stock in the early years. When I was about to leave the company I was told that I had to return my stock certificate to the company and that I could not own the stock after I left. Is thi...
I'd need more information because this sounds odd, but generally speaking, if you are granted unrestricted shares of stock, they are yours unless some shareholder agreement says you have to sell them back (in which case it would also probably say at what value). If the shares were actually options to buy the stock which vested as you worked there, that's different, and you would have to have exercised the options (which would have cost money) shortly after you left the company or they'd expire and you'd have no stock at all. [This is not tax or legal advice.]See question
After working at a Dignity Health Hospital for 25 years, I was fired in early December. I am a member of SEIU-UHW and had my steward file a grievance. Union contract progressive discipline rules were not followed. After a meeting with Michael C...
Their offer is conditioned on the release, so if you don't release them, you don't get the 15 weeks.
It sounds like the employer thinks the grounds for termination was very serious or you'd have received a warning. Once employers feel they have such grounds, they almost never change their minds to re-instate, and in my experience the former employee is unlikely to get everything they want (more severance) at arbitration. If the reason for termination involves any potential liability to the employer, they are also very unlikely to change your termination status as that sets a precedent for them. Whomever is representing you should give you an accurate assessment of your likelihood of results, but just be careful - at arbitration you could get nothing.See question
Can a partnership agreement be signed over the weekend or is it suggested to be signed during business hours weekdays? Also, is it recommended that both partners sign the agreement in front of a notary?
First, 50%50% partnership agreements make me very nervous. Be sure you understand the consequences if you and your partner disagree or if one of you takes out more money than the other, etc...
You can sign it at any time, but a notary is a good idea. What is not a good idea is letting anybody have a copy of your scanned signature saved in a file that can be pasted into another document.See question
I would like to start a business selling clothing online. I have a domain and an ecommerce account. What do I need to do next for setting up a business license, trademark, etc.? I would eventually like to open a physical location.
The other answers here provide good insight. There is a comprehensive list of things to do, some of which depend on your particular situation and where your physical office (and future store) will be located as well as where you will sell your clothing online. Our office has extensive experience taking consumer products to market direct to consumer (which involves e-commerce law compliance) and then to brick and mortar retail stores and through other retail distribution channels.
Yes, you will need to know what the town where you are requires you to do to start a business. You also want to protect your brand and product names and your designs if you are a designer. If you sell online, you also need a website with terms and conditions, and if you take credit cards, you (or your fulfillment house) need to comply with credit card compliance laws. If you have employees or independent contractors (big difference), you need agreements for them too, and of course you should have an LLC to protect your personal assets.See question
My sister has power of attorney over my mother and they did not notify her that they were going to do the surgery and it was not deemed medically necessary, My sister never signed off for the surgery to be done.
Power of Attorney and a Healthcare Directive are two different things. SOMEONE had to consent in writing to the surgical procedure. It's not clear, but I assume your mother did, herself. It's the patient's right to give consent (for good reason, it's their body) unless they are legally incapable of giving consent.See question
If one were to setup a single member LLC is the identity of that person a matter of public record? Is there a way to keep the member of an LLC private. This is in regards to a CA LLC. Lets assume the registered agent would be the attorney that ...
If you are really trying to avoid public disclosure you may want to contact an attorney in Wyoming where the privacy allowances are preferable.See question
I've heard from many sources that arbitrators tend to side with the contractor, that is why we should not agree to an arbitration clause in a home remodel contract, however, that is what we're stuck with now. How can I make sure arbitration will b...
I hear your concern about fundamental fairness and bias from many people new to the concept arbitration, yet in 18 years I have never found it to be the case with either a AAA or JAMS neutral arbitrator. Your arbitration agreement clause probably sets the terms for arbitration and the service you will use, but it may not. In fact the arbitration provision may not even be enforceable. For this and other reasons, I agree with the other posters that you need an experienced attorney's advice. Personally, given the money and time costs of litigating in court, you are likely to get a much faster and less expensive resolution through arbitration. And you have proof of corruption or prejudice during the proceeding, you might be able to correct or vacate the arbitrator's award through the court process. Good luck, and let me know I can help.See question
I read somewhere it was 55 days, wondering if this is calendar days or court days?
Have you already filed the petition to confirm? Are you sure you filed it in the right county? Might the defendant file to vacate the award? (There are ways to help avoid that.) There are tactical issues to consider. Need a few more facts.See question