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Most of my blog posts are based off of cases I’ve read/worked on or good questions from callers. Some questions don’t need a whole post. Every few months I like to put together a post of some great questions that don’t need a big explanation. In no particular order here are some recent good ones.
Can my employer make overtime mandatory?
Yes. Unless you are in a union where hours can be negotiated, generally speaking your hours are what your employer says they are. They have to pay you of course, but if you refuse to work overtime you can get fired. I recommend everyone google the phrase “at will employment” for more information on your rights as an employee or lack there of.
Do you know a lawyer who specializes in unemployment?
This has been a hot topic unfortunately. The bad news is that I’ve never met a lawyer who focuses on this because it’s not an easy way to make a career. I’m sure they are out there somewhere, but I’ve never met them.
Is it legal for my lawyer to charge 40% of the recovery on my car accident case?
Legal? Yes. A good idea to go with someone charging that much? Usually no. Most lawyers will charge 33%, sometimes less. The exception is usually if the case has to be appealed following a trial. I’d shop around if your attorney is asking for 40%.
My license is suspended in Texas so I can’t get a license here. Can you help with that?
Most likely you need to clear up your out of state problem first.
The QDRO my ex wants me to sign says that if she dies the balance of what she is owed will go to her estate. Is that common? Legal?
It is legal. It’s common among attorneys who are looking out for their clients, but it’s not mandatory and certainly negotiable.
I think I got Covid from work, but I’m not an essential worker. Do I have a case?
You may based on the reasons you think it’s from work, but most likely would need your doctor to state that it’s more likely than not your job played a role in you getting it.
Why are the only IDFPR attorneys I can find in Chicago?
That’s because most of the hearings take place there. Also it’s a very niche area of practice and making a living at it as a downstate lawyer would be hard. You want someone who has a lot of experience with those cases and the reality is that those people are in Chicago. The good news is that they almost always can work with you by phone and email.
I settled my case eight years ago. I think my lawyer gave me bad advice. Can I sue them?
You can sue anyone for anything, but this case would get tossed out because you waited to long. You can’t go back farther than six years to sue your attorney. Also having regrets over a bad settlement is usually not a case.
These are some quick answers. As always, every case is different so please take this as just general advice. If you have concerns about your situation, contact us at any time.