Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

My husband worked for the State and he died in 2011. I was…

Customer Question
My husband worked for...

My husband worked for the State and he died in 2011. I was under the impression that I would receive his pension but it went to his son. I didn't sign anything waiving it. What can I do?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

New York State

Lawyer's Assistant: Has anything been filed or reported?

When he died and I called they wouldn't release any information to me because I wasn't on anything. I didn't know what I could do.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I thought that my name was on it because that's what he told me and I did do paperwork. He died from AIDS and infected me before he died. I need the money.

Submitted: 2 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 2 minutes by:
12/21/2017
Employment Lawyer: Infolawyer, Lawyer replied 2 months ago
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 59,675
Experience: Licensed attorney helping employers and employees.
Verified

Hello and welcome. I am working on your answer and will be right back!

Ask Your Own Employment Law Question
Employment Lawyer: Infolawyer, Lawyer replied 2 months ago

The pension should pass to the named beneficiary which is normally the surviving spouse, and even if not so, cannot be changed unless waived by the spouse. You or a lawyer for you can send a letter demanding an accounting and payment. The next step would be to file an action in state supreme court which should lead to settlement.

Ask Your Own Employment Law Question
Customer reply replied 2 months ago
How do i do that? Where do I go? I live in Brooklyn, NY. I don't have any clue as to what to do next. Please direct me.
Customer reply replied 2 months ago
I am strapped for cash and barely making it. I can't afford much as I live from check to check. I splurged by contact Infolawyer.
Customer reply replied 2 months ago
Is that my answer?
Employment Lawyer: Infolawyer, Lawyer replied 2 months ago

You have a local lawyer send a letter. martindale.com or avvo.com are good options.

Ask Your Own Employment Law Question
Employment Lawyer: Infolawyer, Lawyer replied 2 months ago

You provide a copy of the death certificate and proof you were the surviving spouse, and demand payment and accounting under the pension plan.

Ask Your Own Employment Law Question
Employment Lawyer: Infolawyer, Lawyer replied 2 months ago

You can also avoid the lawyer fee and send the letter yourself with a 10 day deadline for them to comply.

Ask Your Own Employment Law Question
Customer reply replied 2 months ago
When contacting the Supreme Court House which branch of department do I contact?
Customer reply replied 2 months ago
I just tried to look up my Supreme Court and I don't know which branch or whom i should direct my issue toward.
Customer reply replied 2 months ago
Is my session over?
Employment Lawyer: Infolawyer, Lawyer replied 2 months ago

supreme court, county where reside

Ask Your Own Employment Law Question
Employment Lawyer: Infolawyer, Lawyer replied 2 months ago

If manhattan, it is*****

Ask Your Own Employment Law Question
Employment Lawyer: Infolawyer, Lawyer replied 2 months ago

Practically, I would have an employment lawyer locally contact the company HR and negotiate for you.

Ask Your Own Employment Law Question
Employment Lawyer: Infolawyer, Lawyer replied 2 months ago

I am sorry for the delay, my internet connection was briefly offline.

Ask Your Own Employment Law Question
Employment Lawyer: Infolawyer, Lawyer replied 2 months ago

Let me know if I can add or clarify anything else, or if the reply is now clear and acceptable, thank you.

Ask Your Own Employment Law Question
Employment Lawyer: Infolawyer, Lawyer replied 2 months ago
Awaiting your reply, thank you!
Ask Your Own Employment Law Question
Was this answer helpful?
Ask Infolawyer Your Own Question
Infolawyer
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 59,675
59,675 Satisfied Customers
Experience: Licensed attorney helping employers and employees.

Infolawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

59,675 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
Employment law. My manager told the entire department to
employment law. My manager told the entire department to ignore me, not to look at me. also in an auditorium meeting she said "little (name) in the corner" … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I am seeking legal counsel in the area of employment law. My
I am seeking legal counsel in the area of employment law. My position was just unexpectedly eliminated with no warning and very little in terms of severance pay and continuation of insurance. My emplo… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,495 satisfied customers
Employment law information. Nevada. I am currently employed,
i am currently employed, but my direct boss in the company has set a new "bonus/payout" structure. Need basic information to see what steps to take… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a question regarding employment law. My employer has
I have a question regarding employment law. My employer has been harassing me and I have been employed by GOAA for 3 years. I'm not a contractor but an employee for GOAA. I have asked for my employmen… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
This question is regarding California Employment Law. I
This question is regarding California Employment Law. I would appreciate a quick response as I would like to make this change, starting tomorrow:I have a part time employee working 25 hours per week. … read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I have a question regarding employment law in the state of
I have a question regarding employment law in the state of Texas … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,316 satisfied customers
I have a question on employment law in Georgia. It involves
I have a question on employment law in Georgia. It involves a college that falls under the Univeristy System of Georgia. An employee's position was eliminated under the pretense of Reorganization/Redu… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
18,676 satisfied customers
I have a question about employment laws in SC. I am not
I am not sure, but I am a dentist working as an independent contractor for another dentist … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Employment Law - NC A company has 15 employees. All
Employment Law - NC A company has 15 employees. All employees are considered fulltime and on salary with includes a certain amount of PTO each year. If an employee takes off more days than he has PTO … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,348 satisfied customers
In Arkansas, under Arkansas EMployment Laws and under the
In Arkansas, under Arkansas EMployment Laws and under the laws of the US Dept of Labor, is it legal to ask an employee that drives a company owned and insured vehicle to pay 1/2 or all of the deductib… read more
Ray
Ray
Lawyer
Doctoral Degree
31,406 satisfied customers
I just found out last oct. that I had a pension plan and
I just found out last oct. that I had a pension plan and would br retroactive as of last august, now they are saying it wont be retroactive cause I didn't sign a paper, but they told me not to send it… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Employment Law: Mandatory training. If required or mandatory
Employment Law: Mandatory training. If required or mandatory to complete. I am an hourly employee and management expectst that we complete while working our shift or is this something that should be p… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I'm looking for an expert in both "employment law" and
I'm looking for an expert in both "employment law" and "criminal law," for I'm not sure whether my question falls under the "employment law" category or the "criminal law" category or both. On Sunday,… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
This is about employment law. No, that is not necessary or
full time and our contract does include a non compete clause … read more
Damien Bosco
Damien Bosco
3,690 satisfied customers
I have a California employment law question. is there
I have a California employment law question. is there someone that can assist? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Are you familiar with employment law in Arizona? Full time /
wrongful termination, sexual harrassment misconduct/cover up, hostile work environment, retaliation.....hi-profile employer, out of fear and fiancial panic, took severance and signed. first, any severance in hospitality is unheard of....employer offered me two months, i countered at 6 months and then agreed to five months because of financial situation...to me, this reeks guilt?....can i still pursue complaint with EEOC? I have multiple witmesses to sexual misconduct and did in fact inform management....too much too type...ugh … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
Can a union pension plan take away your pension payments if
Can a union pension plan take away your pension payments if you go back to work for someone else at 66 years of age. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I have a question about pension plan I worked for Bank of
I have a question about pension plan I worked for Bank of America for 25years, we had a 401k to help with our retirement. Bank of America were doing layoff back in late 90s .I was told that I had rece… read more
socrateaser
socrateaser
1,031 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x