Answers Posted By Nina Kazazian

Answer to Hey there, i have a case pending now of FCSDNY. I was terminated from my old job once i complain and asked for audited of my time as well because i was transfer to a new department where part of the position included the filling of forged documentation to

If you have questions or concerns about your attorneys conduct, you should contact the Office of Attorney Regulation.
Ask your lawyer to provide copies of all communications with the other side, and all filings with the court.

posted Jan 25, 2016 10:26 AM [EST]

Answer to Wrongful

Wrongful Termination

Based on the facts you describe, it sounds like you may have grounds for a claim of wrongful termination. If your suspicions are correct, and your termination had to do with your employer's "feelings" for you which were rebuffed, you may have a claim for sexual harassment. There are procedural requirements for preserving and bringing such claims, and certain time limitations apply. In order to properly address the issues you raise, and identify all potential claims, I strongly recommend you consult with a lawyer as soon as possible. If you would like to set up a consultation meeting, please feel free to call me at my office--303-888-1100. Thanks for your question. Nina H. Kazazian, Kazazian & Associates, LLC, Denver, Colorado.

posted Jan 9, 2006 4:18 PM [EST]

Answer to contractor not paid

Collecting compensation for independent contractor

Though not covered by the Colorado Wage Act, your husband may have claims for breach of contract, unjust enrichment, and/or equitable estoppel. If he had a written agreement which defines the compensation he would be paid, the primary claim would be breach of contract. If not, he may still be able to recover through other claims. If the work was performed in Colorado, the suit could be brought here. If the principals are located in Colorado, or the company has operations in-state, that would facilitate service of process for an action in-state. Otherwise, the suit may have to be brought in a different jurisdiction.

In order to evaluate the merits of his possible claims and other factors of a potential lawsuit, you should consult with an attorney. Please feel free to call me at 303-860-8400 if you would like to set up a consultation.

posted Mar 23, 2005 10:13 AM [EST]

Answer to Retaliation for Filing Workers Compensation Claim

retaliation--workers comp

In general, it is unlawful for an employer to take adverse employment action (such as termination) against an employee for filing or inquiring about filing a valid workers comp claim.

Based on the information you provided, it does appear that your termination was causally related to your inquiry about how to file such a claim. You may have a valid claim for wrongful termination based on retaliation.

There are other facts to consider, such as whether your workers' compensation claim would be valid, and also if there were any valid reasons for your termination (which the employer may cite). Accordingly, you should schedule a consultation with an attorney to evaluate your case. In some instances, the employer may be required to pay your attorney fees if you prevail on your claim for termination in retaliation for inquiring about filing a workers' comp claim.

If you are interested in scheduling a consultation, please feel free to contact me. My office telephone number is 303-860-8400 x 112.

posted Sep 14, 2004 10:54 PM [EST]

Answer to Fired because of injury.

Termination and injuries

If you were fired in violation of company policies or the Family Medical Leave Act (or worker's comp--if the injury was work related), you may have legal claims arising out of your wrongful termination.

In order to assess a potential FMLA claim, I would need to know how many employees your company has (is it over 50?) and how long you had been employed there (at least 12 months full-time?). If the answer to both of these questions is yes, then you probably have claims for termination in violation of the FMLA and for interference with your FMLA rights.

You may also have a claim for wrongful termination in violation of company policies, but this would depend on what the employee handbook (or other evidence of policies or practices) says about your situation.

If the injury was work-related, you probably have a claim for retaliation under the workers' comp laws.

You may have other claims under ERISA (federal employee benefits statute) or state law.

I would also want to get some information from you to assess whether you might have any discrimination claims.

In short, your situation calls for a consultation with an attorney. If you are interested in setting up a consultation with me, please let me know. My office number is 303-860-8400.

posted Aug 12, 2004 5:27 PM [EST]

Answer to COBRA eligibility

COBRA eligibility

No. Your eligibility for COBRA does not require that you give two weeks notice. Unless you are terminated for good cause, you will be eligible for COBRA (or continuation of your health insurance under the state statutes) for a certain time period (usually up to 18 months).

Under the federal statute (ERISA, which applies to employers with 20 or more employees), the employer/plan administrator has 30 (or 44 days, if the employer is also the plan administrator) in which to give you written notice of your right to COBRA and the information to allow you to elect that continuation coverage. You then have a limited amount of time to elect and begin paying the premiums.

The statutes (both state and federal) are very specific about the time limits and what information the notice of rights and election of benefits forms must contain. Also, if you elect coverage but do not pay the premium on time, you will lose it forever.

If you have any questions about your rights to continued coverage after you leave, or other employee benefits/employment law questions, please feel free to contact me for a consultation. More info about my practice can be found at www.kazazian.com. />

posted Jul 24, 2003 12:45 PM [EST]

Answer to Bounced paycheck after quitting my job

Bounced paycheck

Employers are required by law to pay the wages owed. If your employer has still not paid you all the compensation and accrued but unused personal leave time owed, you may be able to sue for the wages, plus attorneys' fees. Plus, the law provides for additional damages for writing bad checks. If you would like to pursue this, you should consult with an attorney. If you have additional questions, please feel free to contact me directly at nina@kazazian.com

posted Feb 6, 2003 11:28 PM [EST]

Answer to Defamation/Non-compete/and wrongful termination

defamation/wrongful termination/non-compete

Your question raises several issues, most of which cannot quickly be answered. You may very well have claims for defamation and wrongful termination, as well as other claims. If you are still interested in retaining an attorney and would like to schedule a consultation, please contact me at (646) 349-3462. For more information about my practice, please visit my website at http://www.kazazian.com. />
Thank you.
Nina H. Kazazian

posted Oct 29, 2002 07:54 AM [EST]

Answer to non compete

non-compete

The way to find out the legality (or enforceability) of the non-compete before the employer has filed a lawsuit against the employees would be to commence a lawsuit which asks the court for a declaratory judgment.

Practically speaking, it might make sense to wait and see if the company actually tries to enforce it against the employees of the new company. In either case, the court would probably decide that the non-compete was generally enforceable in part and revise the other parts according to the law (for example, duration, geographical scope, etc). But the court might also determine that it should not be enforceable against employees who were terminated for lack of work.

Since I have not reviewed the non-compete and have very limited information, this answer is intended only as general information and not legal advice specific to your situation. No attorney client relationship has been formed by this exchange. If you have additional questions, please contact me directly at (646) 349-3462 to schedule a consultation. For more information about my practice, please visit my website at http://www.kazazian.com. />
Thank you.
Nina H. Kazazian

posted Oct 29, 2002 07:44 AM [EST]