Join the 9 million people who found a smarter way to get Expert help

Recent Temporary questions

I am following up on my question about trying to stop people

I am following up on my question about trying to stop people in my university department from calling me a threat. I live in Virginia. In a quick search, I did not find any mention of a TRO. And the restraining orders I found that I could ask for all concerned protection from bodily harm. What should I be looking for? If it is easier to call, that would be fine. Thank you.

Read more

Dwayne B.

Juris Doctor

37,204 satisfied customers
I have a complicated legal case being constructed and here I

I have a complicated legal case being constructed and here I am concerned with just one aspect which is a pressing concern. I am a university professor terminated without cause or due process (despite being tenured) and fighting for reinstatement. For a year, the university has made claims I am a "threat." In February and then again in March 2016, I was arrested on misdemeanor charges of "harassment by computer." The university used its own police department to arrest me. However, it was determined that there were no threats in the emails, and the prosecutor dismissed all charges. Last month, I was again arrested for the same charge. My attorney points out that the criminal affidavit does not even allege a crime. Again, there are no threats in the emails for which I was arrested.At the start of the campaign to label me a threat, my physician asked the university specifically whether they considered me a "direct threat" as defined by the ADA. The college intimates I suffer from a mental illness. They told him they do not consider me a direct threat, they never have, and they have no evidence for such a claim. They also decline to specify any mental health disorder I might have.After the arrests, a mental health specialist for the state examined me and found me competent to stand trial, sane, and also said the evidence provided to him indicated I was not a danger to anyone. He did not explain the judgment, but made clear his confidence in it.An investigation of my dismissal by the faculty led them to demand the provost reinstate me. As we move toward that goal, some faculty are professing fear of me. They blame me for their fears, and some say I am a threat. It is unclear what basis they have for these claims. No one has ever produced any evidence to support the belief I am a danger to anyone. None at all.My question here is this: is there any legal action that can be taken quickly to halt the unfounded and pernicious claims I am a threat? I am willing to submit to exams or procedures that determine whether I am a risk, how bad a risk I might be, what can be done to deal with it, and so forth. But the university refuses to carry out such an assessment. They admitted last year, they have no objective evidence to support the claim I am a threat.I am not saying I am not a threat. I am saying, don't call me a threat without having a basis for doing so, and I am willing to enter any discussion they want to determine if such a basis exists.I want to stop the talk about me being a threat. It seems to be intensifying as people learn I might be soon reinstated. Is there any legal action I can take to put a halt to this talk? Thank you.

Read more

Dwayne B.

Juris Doctor

37,204 satisfied customers
How much will this cost? my question for employment law what

how much will this cost?my question for employment law what does the following mean? It is taken from (in Illinois)employee handbook about disability leaves of absenceIn granting such leave the agency shall apply the following standards: 1) A substantial portion of regularly assigned duties shall be those duties or responsibilities normally performed by the employee which constitute a significant portion of the employee's time or which constitute the differentiating factors which identify that particular position from other positions, provided the balance of duties can be reassigned by the agency;

Read more

Dwayne B.

Juris Doctor

37,204 satisfied customers
Lets say an employee injures his knee while at work, while

Lets say an employee injures his knee while at work, while pushing or moving a heavy item. He notifies his supervisors and leaves early that day. He goes to the doctor the next day and is told that nothing is broken or permanently damaged, but he badly strained something or dislocated something. The doctor recommends staying off of that leg for a few days and no strenuous activity for at least a couple weeks. The employee cannot return to work during that time because his warehouse job requires him to lift/push/pull/crouch etc all day. He wants to keep his job and would like to come back after a few weeks once his knee is healed.If this employee were to be terminated from his job due to the missed time, what would his options be?Should the employee have contacted someone regarding workman's compensation on the day of his injury so that his employer can pay for the doctor visit?Would the employee keep his position but without pay for the time he is gone? Keep position with pay?Any and all information for this hypothetical situation is appreciated. Thank you!

Read more

John

Attorney

Doctoral Degree

8,626 satisfied customers
Permanent ADA accommodations letter? I've worked for several

Permanent ADA accommodations letter?Hi there.I've worked for several years at a retail store wherein employees perform a variety of tasks, the main ones being stocking product and working at the cash register. Over the past year, I have been experiencing a variety of medical issues to which there were, at first, few answers; now, it seems I may soon be diagnosed with a rare heritable connective tissue disorder.This condition is largely characterized by frequent, somewhat-unpredictable "subluxations" in my joints. For example: I can be walking along and feeling fine; but then my hip will slide ever-so-slightly out of place, inducing a mild limp that can last anywhere from a couple seconds to half an hour or more. Or a joint in my back will shift (often related to another subluxation which threw me off-balance), inducing mild tightness or a split-second spasm: you get the idea.Throughout the majority of this ordeal, I have been on ADA accommodations we all assumed would be temporary; now, it seems I may need to request that we make the arrangement permanent, with one addition: I will need the freedom to request unpaid, 15-minute breaks when needed. I will also need to be able to change positions as needed, e.g. sometimes I will need to work on a register facing the door; at other times, I will need to face the opposite direction.What advice can you offer re: submitting the form?

Read more

Phillips Esq.

Attorney

Juris Doctor

20,692 satisfied customers
Was hurt at job and workers comp case filed. After two years

was hurt at job and workers comp case filed. After two years the case was decided and judge 200 weeks award to the injured person. The injured worker was receiving weekly check from insurance company since the accident happened and has not been working during these two years. Will she get 200 weeks award after decision date or the previous amount will be deducted from award ?

Read more

John

Attorney

Doctoral Degree

8,626 satisfied customers
My company has recently launched a diversity initiative. One

My company has recently launched a diversity initiative. One of the policies states:"In hiring decisions, we prioritize hiring a person(s) of color. We would love for the racial demographics of our team to accurately reflect the racial demographics of the greater metropolitan area."Although I agree with the sentiment of these goals, does this type of hiring practice fall within legal lines? I am concerned these well-intentioned policies may backfire.

Read more

John

Attorney

Doctoral Degree

8,626 satisfied customers
A recruiter, someone who presents themselves to the public

A recruiter, someone who presents themselves to the public as an entity that matches talent with the needs of an employer, normally collects a fee based on the first-year's salary when a candidate is placed. If they place someone as an independent contractor and collects their fee based on the worker's labor, it seems they are taking on the character of a staffing agency. Is this correct?

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

114,152 satisfied customers
I need to hire a temporary employee to do some work.

I need to hire a temporary employee to do some work. Questions as follows:1. This employee will have to be put on Payroll since he/she will have to use a company vehicle and company tools. It would be my preference and the employee's preference to pay per job instead of per hour. Each job should take less than an hour and the pay rate would be $50 per job. Is there a way for me to legally pay an employee per job instead of per hour? Perhaps minimum wage per hour and a per-job bonus to equal the $50 per job?2. Since this is a temporary position (two weeks) how can I ensure that the employee will not be eligible for unemployment?

Read more

Patrick, Esq.

Doctoral Degree

19,336 satisfied customers
View more employment law questions
In The News