Archived
I was fired for asking if I should make minimum as a tipped employee on shifts when I made no tips. Should I have been fired?
Herbert's answer
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Answered on July 01, 2013
What was the employer's reason for terminating you?
Herbert Tan, Esq.
E-mail: [email protected]
Website: www.tanlaws.com
The Mack Cali...
Archived
Simple misconduct from UI, based on reasons proved by previous employer - was set up.
Herbert's answer
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Answered on July 01, 2013
To establish simple misconduct, the employer is required to show you violated a know rule or standard. Arguably, if you did not know or reasonably...
Archived
Is it legal for an employer to place an ad requiring employees have the ability to speak English to customers?
Herbert's answer
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Answered on July 01, 2013
English Only Rules are presumed to be discriminatory which means the employer has the burden of establishing through evidence that speaking English...
I received a Dismissal and Notice of Rights from EEOC:
they checked off: The EEOC issues the following determination:
Herbert's answer
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Answered on June 26, 2013
In New Jersey, you have to file your complaint within 90 days. You should really sit down with a labor and employment specialist to review your...
Archived
I work in a flat rate shop and found out that my employer was charging customers one billed flate rate time and paying another
Herbert's answer
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Answered on June 11, 2013
An employer is allow to make a profit, correct?
Herbert Tan, Esq.
E-mail: [email protected]
Website: www.tanlaws.com
The Mack Cali...
Archived
I have been treated differently for being on "medical leave" as a result of my pregnancy than other employees on medical leave.
Herbert's answer
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Answered on June 11, 2013
In general terms, to prove such a claim, you must show,
1. you are a member of a protected class (which, as a woman, you are);
2. you were...
Can my employer fire me for not having a vehicle?
Herbert's answer
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Answered on June 11, 2013
The short answer is yes. Especially, if it was a requirement prior to employment.
Herbert Tan, Esq.
E-mail: [email protected]
Website:...
Archived
Do i need a lawyer?
Herbert's answer
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Answered on June 11, 2013
An employer can terminate or fail to hire you based upon even a mistake. You have to show that the act was done based upon a protected status such...
Archived
How do you report an employer paying someone cash then creating a fake W-2 for them to apply for a mortgage?
Herbert's answer
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Answered on June 11, 2013
I would add that New Jersey's Whistleblower law protects you if the employer takes reprisals against you. As for the qui tam claim, you must be...
Archived
Can I sue my employer for gross neglect of someones past problems?
Herbert's answer
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Answered on June 11, 2013
The racial slurs certainly are the basis for a claim if you had quit based upon the work environment. You really should have an experienced labor...
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