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Questions and Professional Answers

Questions and Professional Answers

  • Employment Applications

    In 1991 I was convited of embezzlement. I served my sentence and i am no longer on parole or probation. My question is how long to i have to keep disclosing this information on employment applications?
    • Re: Employment Applications

      Although your record is forever, most reviews contain only the last ten years. Nevertheless, a CORI check might reveal it forever.

      Chester V. Shea III
      Law Offices of C.V.Shea III
      484 Main Street, Suite 570
      Worcester, MA 01608
  • Job Application

    If a generic application is already completed and has a resume attached and presented to a business for potential employment is it a state law that says if the business'OWN application is not filled out then it is against the law to consider the generic application. The business application is taken from a generic pad bought at the local supply store.
    • Re: Job Application

      I am not aware of any such state law.

      Michael E. Hendrickson
      Attorney & Counsellor at Law
      211 North Union Street Suite 100
      Alexandria, VA 22314
  • Public Employment Applications

    Are municipality employment applications public after the closure and interview process. I also work for the Muni and it states on the application that they are not confidential. Thank you very much for your time.
  • Completing Employment application

    my question is regarding employment applications, where they ask if you have ever been convicted of a felony, I was but it was dropped to a misameanor, how would i answer this question when completing employment applications?
    • Re: Completing Employment application

      I'm not a criminal lawyer. My understanding is that you were charged with a felony, but you or your attorney bargained it down to a misdemeanor. If that's right, you never were convicted of a felony and you would be telling the truth if you checked the "no" box.

      Robert F. Cohen
      Law Office of Robert F. Cohen
      P.O. Box 15896
      San Francisco, CA 94115-0896
    • Re: Completing Employment application

      I believe Robert is correct. It would depend on if the question asked if you were ever "convicted" of a felony or "charged" or "arrested" for a felony.If you would like assistance, please feel free to contact me through my website www.theLawShack.comScott Linden

      Scott Linden
      Scott H. Linden, Esq.
      1510 Cotner Ave
      Los Angeles, CA 90025
    • Re: Completing Employment application

      If you were 'convicted' of a felony, it wasn't dropped to a misdemeanor, and you have to say yes to felony. If you were 'charged' with a felony and it was reduced to a misdemeanor that you pled guilty to, then you don't have to say yes to felony.Either way, I can help you get your record expunged and the conviction removed so you can say 'no' to conviction, as long as you didn't spend prison time. Contact if interested in doing so.

      Terry A. Nelson
      Nelson & Lawless
      2134 Main St., #130
      Huntington Beach, CA 92648
  • prescription drugs

    I am divorced and my ex wife has custody of our 16 year old gilr. I have medical insurance on her that will pay all but 10% on generic drugs but Mom says she has to have the brand name which is a whole lot higher. Am I legally responsible for the difference in the generic past the 10% of the generic brand?
    • Re: prescription drugs

      The first question is whether the divorce decree orders you to pay for medical care or does it just order that you provide health insurance. If it does order you to pay for medical care, then the question would be whether the physician has determined that the brand name medicine is necessary. If so, then you probably will be responsible for the difference. If your decree only orders you to pay health insurance or if this is just the other parent's preference, then you would most likely not have to pay.

      Gregory Napier
      Troutman & Hays, PLLC
      4740 Firebrook Blvd.
      Lexington, KY 40513
  • could I patent a generic drug?

    Hello,Could you patent a generic drug for a novel method of use and make money on it as a new drug? How protect my IP?I have identified a unique mechanism of action leading to root cause of the disease (rather than treating symptoms as other drugs go). We also said that this mechanism is modulated (or suppressed) by generic drug used to treat cardiovascular disorder. The patent for this drug expired in 2003. To protect the intellectual properties for a mechanism that could be treated by a generic drug we think that we should file a patent application for a novel method of use for a generic to treat neurological disorder, and also give a brand new name for it. Does the IP weak in our case? What to do to protect ourselves better and make money on it? We canât force physicians to prescribe our medication. How we could deal with it? Could we for ex. instead of 5 mg genetic we could suggest to take 6 or 7 mg?I would appreciate any input. Thanks a lot.
    • Re: could I patent a generic drug?

      Novel uses of existing drugs are patentable. The extent to which such patents can be enforced to bar the unlicensed use of the product is questionable (particularly if off-label), but one FDA-approved it can at least generate royalties if a manufacturer wants to advertise that use, or the ability for you, if you manufacture or have it made for you, to market the product for that use and to preclude others from doing so.

      Daniel Press
      Chung & Press, P.C.
      6718 Whittier Ave., Suite 200
      Mclean, VA 22101
  • employment application

    I live in California. Is there a time limit or frame as to when I can stop listing my 1999 felony conviction on employment applications or are there steps to take to do that?
    • Re: employment application

      try expunging it. contact me directly.

      OCEAN BEACH ASSOCIATES
      OCEAN BEACH ASSOCIATES
      2185 Sunset Cliffs Blvd.
      San Diego, CA 92107
  • Privacy Law and Subpoena for Business Records

    Hi,I've just received a copy of a subpoena for my employer to produce: resumes and cover letters, offers of employment, employment applications, performance evaluations and reviews, benefits elections, employment contracts, and any other documents in the personnel file or employee file pertaining to said party's employment. It seems at least the perf. eval. and reviews should be covered by a privacy act, how do I get that any anything else I can stopped?Thank you.
    • Re: Privacy Law and Subpoena for Business Records

      You would have to file a motion to quash with the court. The extent to which you can quash the subpoena will depend upon the purpose for which the documents are sought.I'd be happy to consult with you for free and my rates are very reasonable.

      Samuel Lovely
      Law Office of Samuel Lovely
      451 W. Bonita Ave., Suite 9
      San Dimas, CA 91773
  • Crimal background check for employment

    About 18 years ago, I was convicted of petty shoplifting, second offense-same crime which I believe is a felony. I served no jail time only probation. My question is : Must I still answer yes on employment applications to their question of any crime convictions? How far are background checks conducted on pre-employment screenings?
    • Re: Crimal background check for employment

      It depends on the employer. If you think that they will check that far back then you need to put the reference on your resume. If you do not place it on and they later find out it is then up to you to explain that it happened when you were a kid and hopefully the employer will buy it. Normally I would suggest expungement, but you are not eligible as you have at least 2 convictions on your record.Good Luck.

      Gregg Manes
      Gregg A. Manes, Esq.
      333 South Main Street #701
      Akron, OH 44308-
  • How to get employment records (applications, reviews, ratings, etc...)

    I was recently denied employment as a resident advisor for a public institute of higher education. I need to review other applicants' applications in order to confirm my strong suspicion of discrimination. Are they public records? How can I be able to view them to check for more evidence of discrimination? I would also like to view the employer's ratings of each application; how do I request that information? I have tried to research this myself, but could not find anything about how to get the records. I did find out that federal and state law requires the employer to keep the information for 2 years because the information is useful in determining discrimination. However, it is unclear if that information is a matter of pulic record. If it isn't, what is a matter of public record regarding their employment process as a public institution of higher learning? How can I get all of these records? Thanks.
    • Re: How to get employment records (applications, reviews, ratings, etc...)

      Nice try, no brass ring. All such oersonal material would be mandatorily confidential, just as yours would be against someone else wanting to see what you submitted. The only way it would ever be disclosed is in 'discovery' during a lawsuit, and then usually under limited conditions.

      Terry A. Nelson
      Nelson & Lawless
      2134 Main St., #130
      Huntington Beach, CA 92648