Can I file "Wrongful Termination - Retaliatory" in Small Claims Court or would an attorney consider contingency in civil?
Michael's answer
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Answered on April 17, 2014
You should not go to small claims court. While your lost wages amount may be small, you would be entitled to emotional distress damages and your...
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Can an employer deny overtime if its stated in the employee handbook?
Michael's answer
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Answered on April 15, 2014
I agree with my colleagues about the compensability of travel time to/from your office to a job site, and that your employer cannot change the law...
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I was accused of sexual harassment at work by the HR manager.
Michael's answer
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Answered on April 09, 2014
I agree with my colleagues that you have no legal recourse here. However, an employee does have the right to review their personnel file. Unless...
Is this a legal split shift?
Michael's answer
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Answered on April 08, 2014
This is legal, but you are most likely entitled to one hour's pay (at minimum wage) in addition to the pay for the hours you actually work. Most...
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My employer requires my lunch break to be taken after I have only been at work for 45 minutes on a 9.5 hour shift. Is this legal
Michael's answer
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Answered on April 08, 2014
Assuming that you are a non-exempt employee, you are entitled to take two ten minute rest breaks during your 9.5 hour shift. However, you are not...
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How much time do I have to file a motion for summary judgment before the trial date?
Michael's answer
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Answered on April 04, 2014
Mr. Stempler accurately sets out the time limits for a summary judgment motion. I am writing to mention that there are a number of other important...
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I have a 2 year no re-employment clause as part of my severance package - does this mean I can't consult/contract as 1099?
Michael's answer
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Answered on April 03, 2014
From the way you describe it, it sounds like your severance agreement would not prohibit acting as an independent contractor. However, if an...
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Final Binding Arbitration
Michael's answer
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Answered on April 02, 2014
There are so many things wrong with the situation you are describing that it's hard to know where to start. You clearly need to get a second...
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Securities class action lawsuit
Michael's answer
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Answered on April 01, 2014
You are not considered a party to the lawsuit simply by being a member of a class. The parties to the case are the class representatives who...
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Can I sue my former employer for wrongful termination for stealing my idea?
Michael's answer
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Answered on March 26, 2014
I don't think you have a wrongful termination claim, but there are a couple of other theories that may have merit. You may have a claim that you...