Questions Answered by Howard Berkson

• 13 October 2014Q. Can I get revoked for not having a job when I have a disabled child at home and my probation is up in a month
  A: If the terms of your probation require you to have employment, then your probation can be revoked for being unemployed. You should speak with an attorney. If money is too tight, check with Legal Aid of Oklahoma.
• 13 October 2014Q. What would assault on a disabled person be considered or classified as?
  A: Assault or battery on a disabled person by an able bodied person is probably aggravated assault or battery (or both). See Oklahoma Statutes title 21, Section 646(2).
• 13 October 2014Q. Can a judge overrule a jury decision regarding a conviction of Lewd Acts against a minor under 12?
  A: Your best bet is an appeal but, frankly, appellate courts normally uphold the trial court's decision.
• 13 October 2014Q. Can my husband have charges dropped against my daughter for assault?
  A: Criminal charges are brought by the state, the District Attorney makes the decisions, so it isn't up to you whether they continue prosecuting the case. However, that doesn't mean there is nothing you can do, but you need to talk to an attorney very quickly.
• 13 October 2014Q. Worked at Abc supply in Stillwater oklahoma for almost 6 years took a voluntary layoff never called back what can I do
  A: We don't have enough information to answer your question directly. You can talk to the employer and ask them why they didn't give you the bonus everyone else got. You can ask them why you weren't hired back given your seniority. What you should probably do is write down a timeline of what happened and take that along with any paperwork or letters you may have about the layoff to an attorney.
• 13 October 2014Q. Do I need an employment law attorney?
  A: It sounds like you have a wage claim that the Department of Labor would be interested in. Generally, if you go the administrative route, there is value in having a lawyer help you prepare your charge. If it is clear and well organized and tailored to highlight just the facts relevant to the laws and regulations the employer allegedly broke, the agency might be faster to act and more interested in your case.
• 13 October 2014Q. Can an employer add a new territory to your work load which is in a different state? With no increase in pay.
  A: Your employer can change the terms and conditions of your work whenever they want, unless you have a contract in place saying they can't. For example, an employer can offer you work in Tulsa as a printer and then later transfer you to Oklahoma City to work as a baker and then fire you if you don't report to the OKC bakery. There are some exceptions and complicating factors, so it's worth talking about with an attorney.
• 13 October 2014Q. Does a federal felony from 6or7 years ago show up for an employment background check
  A: If you were convicted of a federal felony 6 or 7 years ago, it will likely show up in an employment background check.
• 13 October 2014Q. Is it legal for a General Manager (who gets salary) at a restaurant to pick up waiters shifts for tips?
  A: It is legal for a management employee who is paid on a salary basis to receive tips from customers.