Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I am a full-time custodian in a NJ public school district…

I am a full-time custodian...
I am a full-time custodian in a NJ public school district (municipality). I am in the NJ army national guard and need advice. I found out that i am entitled to be compensated for 90 days per calender year if i am to be deployed on a mission, job training ect. The following statute is from 38A:4-4. The union lawyer told me over the phone that it is an entitlement and youll get your money if you take the school to court. My union lawyer advised me however if i do that i will piss off the school district and they could retaliate and not hire hire me back when they renew thier contract every fiscal year. So i need advice, should i take my lawyers advice and not pursue what i am entitled to, in fear of being layed off by my school district? Or pursue and if they do fire me i have a lawsuit with the district. Is it worth pursuing or stand down? Just to let you know im a good employee and get good evaluations every year. Should i just ask the superintendant politely to be compensated and if he says no than o well call it a loss? If i do pursue should i get a personal attorney instead of my union lawyer? It sucks because its a huge burden to me if i am deployed for a year the army will only pay me 1200 a month and when im working for the school im making 2200 a month! catch my dilema> Whats your advice/ opinion? the link is below for the entitlement statutehttps://law.justia.com/codes/new-jersey/2013/title-38a/section-38a-4-4/
Show More
Show Less
Ask Your Own Legal Question
Answered in 18 hours by:
3/26/2018
Josie-Mod
Category: Legal
Satisfied Customers: 8
Verified
Hi, I'm Josie, a moderator for this topic.
I've noticed you have not yet received a response to this question.
I wonder whether you're ok with continuing to wait for an answer.
If you are, please let me know. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Ask Your Own Legal Question
Customer reply replied 30 days ago
ill wait
Damien Bosco
Damien Bosco, Attorney
Category: Legal
Satisfied Customers: 4,221
Experience: Helping you with your legal questions.
Verified

Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

Ask Your Own Legal Question

Usually, a union lawyer can help you with a situation wherein the employer is violating a contract with the union. Otherwise, if the issue does not involve a union contract, then an employee may be better off seeking counsel from a local private attorney. A local attorney could write a "demand letter," setting forth the law and the requirements for your compensation. If for some reason you are retaliated against (i.e., fired), then you could possibly file a lawsuit against the employer. If the law is clear that a reserve is to be compensated under a statute, it should not be terribly surprising to anyone that you would inform the employer of the law if the employer is unfamiliar with it, or remind the employer that the law exists and must be followed. A local private attorney could review the scenarios with you to come up with your best strategy.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

Ask Your Own Legal Question
Customer reply replied 30 days ago
What would you do? Schools are a dirty business my friend and will retaliate, dont know if its worth the risk of losing my job! Even lets say they not rehire me, do i have a strong case to sue them?

It is not a legal decision. It is a business decision for you to make. You have to way the plus and minuses. You know the personalities of the people involved. If you are saying they will retaliate because that is the type of people they are, even if you win in the long run, it could take time, money and energy to deal with it. In other words, you could have a strong case with the law and the statute, but if the people want to violate the statute, you would still have to get a judgment in court to make them adhere to it and/or reinstate your position. Legally, though, you could have a good case. That is why it is best to discuss the particulars with a local attorney to weigh the plusses and minuses and to get the legal counseling if you are going to pursue this.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

Damien Bosco
Damien Bosco, Attorney
Category: Legal
Satisfied Customers: 4,221
Experience: Helping you with your legal questions.
Verified
Damien Bosco and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 30 days ago
can i ask one last question?

Sure.

Ask Your Own Legal Question
Customer reply replied 30 days ago
i was thinking could i record all the days i was supposed to be compensated and when i leave in a couple years go through the legal process and ask to be compensated for all those days? I want to avoid a conflict with my employer because im pretty sure theyll harrass and not re-hire me.

There could be a statute of limitation restriction, meaning if you wait too long, you may be prevented from making a claim. It is unclear what the statute of limitation is in this case without more research.

Ask Your Own Legal Question
Was this answer helpful?
Ask Damien Bosco Your Own Question
Damien Bosco
Damien Bosco
Damien Bosco, Attorney
Category: Legal
Satisfied Customers: 4,221
4,221 Satisfied Customers
Experience: Helping you with your legal questions.

Damien Bosco 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:

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

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Auto title question: I'm buying a used car, the title is in
auto title question: I'm buying a used car, the title is in the seller's alias name, the seller's son is signing as POA, the POA is for the seller's legal name. Will DMV accept this POA?… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,208 satisfied customers
We purchased a mobile home not as described and the title
We purchased a mobile home not as described and the title turned out to be retired now the person is telling us he got another title and wants us to accept it and skip the title transfer from the owne… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
If two people are named on a home title together...is it
If two people are named on a home title together...is it legal for one party to put outside persons name on home ins.to get cheaper rate? … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
314 satisfied customers
Have a question about liens and title insurance. North
have a question about liens and title insurance JA: What state is this in? It matters because laws vary by location. Customer: North Carolina JA: What steps have been taken so far? Customer: none just… read more
Lori
Lori
Juris Doctor
1,090 satisfied customers
Is a parent allowed to transfer title of their home to a
Is a parent allowed to transfer title of their home to a child prior to admission to a nursing home? If so what is the time line requirements? Mom has provision that the home goes to me in her will. P… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
523 satisfied customers
Is possible it to change the title of a house owned by a
Is possible it to change the title of a house owned by a deceased person without going through probate?There is still a mortgage owed on the house which is in New York and the deceased only had two su… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,659 satisfied customers
A former employee signed a contract with a cleaning company.
A former employee signed a contract with a cleaning company. They are not performing to our satisfaction and we are terminating then. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,236 satisfied customers
I'm from Wisconsin and today I signed a contract with title
Hi,I'm from Wisconsin and today I signed a contract with title company to buy land and a cabin,,closing date is this friday,,my wife and I signed early cause she had a day off work,,my question is, ca… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,659 satisfied customers
Lost title owener died how do I get and transfer title.
lost title owener died how do I get and transfer title … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,716 satisfied customers
As a Temporary employee (13 week contract, plus two
As a Temporary employee (13 week contract, plus two extensions), my question is the contract. The contract says that callback pay is 1.5 wage for 2 hours when called in to work. My agency paid 1 hour … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,236 satisfied customers
ONE YEAR CONTRACT AS EMPLOYEE WORK FOR CONTRACTS THAT ARE
ONE YEAR CONTRACT AS EMPLOYEE WORK FOR CONTRACTS THAT ARE SIGNED FOR YEARLY IN KENYA … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I am a contract employee at a nursing facility. I provide
I am a contract employee at a nursing facility. I provide hair care for residents. Is there a time frame from which i should be paid for my services? I have yet to be paid for work performed in Decemb… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,236 satisfied customers
I have signed a contract employee agreement that contains
I have signed a contract employee agreement that contains Non-Complete covenants. I need help understanding the limits of these covenants and whether or not a business venture I am considering may be … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,824 satisfied customers
Can I legally write a contract for my employee that states,
Can I legally write a contract for my employee that states, any paid company courses must be only used to benefit our company. Basically you cannot use anything we pay for outside the company for a ce… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I'm a contract employee but on the website as sales
Hi Pearl I'm a contract employee but on the website as sales director, and am supposed to participate in meetings. Can I refuse the meetings if I'm a contract worker? … read more
Damien Bosco
Damien Bosco
Attorney
4,221 satisfied customers
Is an employee handbook a contract in Oklahoma? I am not
I am not sure to say "at will" since I don't understand what that means; however, I was full-time. Is this something that yu are asking me to kook up in the employee handbook? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,236 satisfied customers
I worked as a contract employee (GRA inc) for about a year
I worked as a contract employee (GRA inc) for about a year and a half. And our contract was with the Defense Health Agency. So basically I'm a contractor working for a federal government agency. I und… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,236 satisfied customers
I am a 1099 contract employee living on NC. I am contracted
I am a 1099 contract employee living on NC. I am contracted with a publishing company headquartered in Chicago. There are a lot of issues with this company. However, the most recent has caused me some… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,236 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