For general purposes, the IC test comes down to the amount of control exerted by the employer. Below is a helpful link. ...

Can I ask for severance pay or money as a consideration for taking care of their love ones?

I agree with counsel in that the most obvious issue is that you may be owed overtime wages. For FLSA purposes, if your care is deemed...

My employer knew I was still injured from a car accident, forced me to pick up heavy items causing additional injury, do I sue?

Sounds like you have a failure to accommodate and/or discrimination based upon handicap/perception of handicap. Find a NELA attorney to assist you...

What characteristics differentiate you from the other employee being given preferential treatment? Herbert Tan, Esq. E-mail:...

What can I do when my boss, who is an attorney, falsely accuses me of not doing my work to other coworkers, and when HR knows?

New York's Whistleblower Law prohibits employer from retaliating against employees who disclose or threaten to disclose activities, policies or...

Do i have a case for wrongful termination?

Absent a union or employment contract, a company can terminate you even by mistake. The onus is on you to prove that the termination was based...

I signed a non compete agreement in one state, work in a 2nd state for employer in a 3rd state. What state has jurisdiction?

It is very difficult to analyze any non compete unless the contract is reviewed. I would suggest bringing it to a NELA attorney in your state of...

Should I notify my HR department before I file a sexual harassment lawsuit or proceed with filing the complaint?

If the basis for your complaint is a hostile work environment theory, as opposed to quid pro quo, you must give your employer the opportunity to...

Caught my partner stealing money from the business. Also found out that he is illegal. Can I have him deported?

In order to be deported, he has to be placed in removal by the government. There are many defenses he could avail himself of should he be...

Can i sue or ? if they are being racist to me on a store ?

Are you an employee of the store? Herbert Tan, Esq. E-mail: [email protected] Website: www.tanlaws.com The Mack Cali Building One Bridge...