Title: December 12, 2007
Q. I dated a married woman last year. We had sexual relations on several occasions. She told me that she had a platonic relationship with her husband. Before we stopped seeing each other, she informed me that I got her pregnant. She is about to give birth to the child. If this child is mine, I want to be involved in its life, but I have not seen or talked to this woman for several months. How can I become involved in raising my child?
A. How do you know that it is your child? Are you certain? You would need to have a DNA test performed on the child, the woman and you. As I am sure you realize, this might be cause for a breakup of this woman’s marriage. Maybe her relationship with her husband was not what she portrayed it to be. If the child is not yours, your willingness to re-insert yourself back into her life may cause problems for a lot of people. As it stands right now, the child is presumed to be her husband’s child. If she is not contacting you, she might not want her husband to know she had an affair with you. No matter what, I believe it is a mistake for you to force the issue. Stay out of her life right now. Believe me, she will contact you if you are the father of the child.
Q. Can my employer require that I work on the weekends without pay?
A. Your employer can ask you, but you can say no. You are not required to work without pay. You are entitled to compensation for all work performed for your employer. If you do not get paid for overtime, you can file a claim with the Labor Commission. If you are being retaliated against for having filed a claim with the Labor Board, this could be the basis for a civil lawsuit against your employer.
Q. I invented a product that can be used in a commercial kitchen. I have a meeting next week with the general manager of a large restaurant chain in Los Angeles to demonstrate my product. I do not have a patent for this product. What if this company steals my idea? How do I protect myself?
A. You should have a non-disclosure Agreement for the manager to sign. These agreements are very common. If he refuses to sign it, do not demonstrate the product. You can get a “provisional” application for patent at a minimal cost. This is good for one year. In the meantime, you can market the product to various companies. If it sells, then you should get a patent ASAP.
Maxine de Villefranche is an attorney and civil general practitioner with 14 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661) 825-8880
Showing posts with label pay. Show all posts
Showing posts with label pay. Show all posts
Tuesday, March 24, 2009
Monday, March 23, 2009
Legal Eaze #55 Overtime/Loan Payments/Visitation Modification
Title: September 27, 2006
Q. I am the manager of a restaurant and am a salaried employee. I very often work more than 40 hours a week, yet I do not get paid overtime. Shouldn’t I get overtime pay for the extra hours over 40 hours a week?
A. Not every worker is entitled to overtime pay. There are a few select professions that are not required to pay overtime. Generally speaking however, most hourly employees who are not either independent contractors or professionals requiring advanced degrees are covered by overtime laws. Overtime laws usually do not cover executives who supervise the work of others. Nor do they cover certain administrative employees who do “non-manual” work related to either management policies or general operations of the business. Such “executive” or “administrative” employees must also be paid a set minimum weekly salary in order to be exempt from overtime requirements (versus employees that are paid by the hour). I believe that you fall in the executive or administrator category.
Q. I got involved in online payday loans and got in over my head in hard financial times. One of the loans I obtained required that I pay the loan in full. I informed the company I could not pay in full but offered to make payments until fully paid. The manager refused the partial payments stating the loan needs to be paid in full, otherwise they will garnish my wages. Can they do this despite my offer to make payments?
A. Unfortunately, the agreement that you signed will dictate the company’s collection rights and/or your obligations to repay the loan as you promised in the written agreement, if this agreement is legally enforceable. You should have an attorney review the agreement you entered into to advise you of your rights, if any, under this agreement.
Q. My son travels to Florida every summer for his visitation with his father. He spent 3 weeks there and came back extremely sick. 2 days after he came back, he was hospitalized in the ICU. He turned out to be diabetic and his father explained away our son’s extreme weight loss by stating he was overactive with sports. Does he have to go next summer?
A. You need to file an Order to Show Cause for modification with the Court that ordered the summer visitation with his father. The Court needs to be made aware that your son’s health is being overlooked by his father and that the boy almost died the last time he went to visit his father. This is a very serious concern and the Court may very well change the visitation schedule.
Maxine de Villefranche is an attorney and civil general practitioner with 14 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880
Q. I am the manager of a restaurant and am a salaried employee. I very often work more than 40 hours a week, yet I do not get paid overtime. Shouldn’t I get overtime pay for the extra hours over 40 hours a week?
A. Not every worker is entitled to overtime pay. There are a few select professions that are not required to pay overtime. Generally speaking however, most hourly employees who are not either independent contractors or professionals requiring advanced degrees are covered by overtime laws. Overtime laws usually do not cover executives who supervise the work of others. Nor do they cover certain administrative employees who do “non-manual” work related to either management policies or general operations of the business. Such “executive” or “administrative” employees must also be paid a set minimum weekly salary in order to be exempt from overtime requirements (versus employees that are paid by the hour). I believe that you fall in the executive or administrator category.
Q. I got involved in online payday loans and got in over my head in hard financial times. One of the loans I obtained required that I pay the loan in full. I informed the company I could not pay in full but offered to make payments until fully paid. The manager refused the partial payments stating the loan needs to be paid in full, otherwise they will garnish my wages. Can they do this despite my offer to make payments?
A. Unfortunately, the agreement that you signed will dictate the company’s collection rights and/or your obligations to repay the loan as you promised in the written agreement, if this agreement is legally enforceable. You should have an attorney review the agreement you entered into to advise you of your rights, if any, under this agreement.
Q. My son travels to Florida every summer for his visitation with his father. He spent 3 weeks there and came back extremely sick. 2 days after he came back, he was hospitalized in the ICU. He turned out to be diabetic and his father explained away our son’s extreme weight loss by stating he was overactive with sports. Does he have to go next summer?
A. You need to file an Order to Show Cause for modification with the Court that ordered the summer visitation with his father. The Court needs to be made aware that your son’s health is being overlooked by his father and that the boy almost died the last time he went to visit his father. This is a very serious concern and the Court may very well change the visitation schedule.
Maxine de Villefranche is an attorney and civil general practitioner with 14 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880
Wednesday, December 31, 2008
Legal Ease #1 Unemployment/Child Support/Identity Theft
Originally Printed: June 23, 2004
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She moved to Tehachapi in June 2003 and resides in Alpine Forest. She operates her law practice from her home office and also has a satellite office in Lancaster. She will answer legal questions posed to her by the readers, to the best of her abilities.
Q. I am unemployed and cannot pay my rent. My landlord wants to kick me out of my apartment. What can I do?
A. Unfortunately, there is little you can do other than to find another job as quickly as possible. You may attempt to pacify your landlord by asking for his/her patience while you are seeking employment or get a loan from family or friends to pay for your rent. If you are served with a “Three-Day Notice to Vacate”, disregard the notice and wait until your landlord files an unlawful detainer action against you to get you out. But, you may be faced with a judgment for rent and damages, which may include attorney’s fees, not to mention the fact that your credit report will reflect this judgment..
Q. I have been paying child support to my ex-wife for several years. The child support award was based on my previous income. I only earn half of what I used to earn because I was injured and cannot work the same job anymore. How can I lower my child support?
A. A Motion to the Court to modify your child support amount must be made as soon as your circumstances change, otherwise you will be charged for arrearages in child support, in addition to interest at 10 percent per year on the arrearages. Judges are powerless in showing compassion in their orders and must follow the law. The modification will be retroactive to the date the motion was filed with the court. Time is of essence, and this motion must be made quickly.
Q. I have been victimized by identity theft and I don’t know how to stop a creditor from collecting on a debt that I did not incur. What can I do?
A. The first thing you must do is to write to the creditor and let him know that you dispute the debt. This letter should be sent via certified or registered mail. Then you must write to the three credit agencies, Equifax, Experian and Trans-Union and inform them of the dispute with the creditor. Lastly, but not the least, file a complaint with the police department of your community and make an ID Theft Complaint to the Federal Trade Commission (www.consumer.gov) The FTC maintains a database of identity theft cases used by law enforcement agencies. Filing a complaint also helps such agencies learn more about identity theft and the problems victims are having.
Forward your questions by e-mail to maxinedev@msn.com or drop questions at the Tehachapi News, 411 N. Mill St., Tehachapi, or send them by mail to P.O. Box 1840, Tehachapi, CA 93581
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She moved to Tehachapi in June 2003 and resides in Alpine Forest. She operates her law practice from her home office and also has a satellite office in Lancaster. She will answer legal questions posed to her by the readers, to the best of her abilities.
Q. I am unemployed and cannot pay my rent. My landlord wants to kick me out of my apartment. What can I do?
A. Unfortunately, there is little you can do other than to find another job as quickly as possible. You may attempt to pacify your landlord by asking for his/her patience while you are seeking employment or get a loan from family or friends to pay for your rent. If you are served with a “Three-Day Notice to Vacate”, disregard the notice and wait until your landlord files an unlawful detainer action against you to get you out. But, you may be faced with a judgment for rent and damages, which may include attorney’s fees, not to mention the fact that your credit report will reflect this judgment..
Q. I have been paying child support to my ex-wife for several years. The child support award was based on my previous income. I only earn half of what I used to earn because I was injured and cannot work the same job anymore. How can I lower my child support?
A. A Motion to the Court to modify your child support amount must be made as soon as your circumstances change, otherwise you will be charged for arrearages in child support, in addition to interest at 10 percent per year on the arrearages. Judges are powerless in showing compassion in their orders and must follow the law. The modification will be retroactive to the date the motion was filed with the court. Time is of essence, and this motion must be made quickly.
Q. I have been victimized by identity theft and I don’t know how to stop a creditor from collecting on a debt that I did not incur. What can I do?
A. The first thing you must do is to write to the creditor and let him know that you dispute the debt. This letter should be sent via certified or registered mail. Then you must write to the three credit agencies, Equifax, Experian and Trans-Union and inform them of the dispute with the creditor. Lastly, but not the least, file a complaint with the police department of your community and make an ID Theft Complaint to the Federal Trade Commission (www.consumer.gov) The FTC maintains a database of identity theft cases used by law enforcement agencies. Filing a complaint also helps such agencies learn more about identity theft and the problems victims are having.
Forward your questions by e-mail to maxinedev@msn.com or drop questions at the Tehachapi News, 411 N. Mill St., Tehachapi, or send them by mail to P.O. Box 1840, Tehachapi, CA 93581
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