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Howard Berkson

Howard Berkson

Boston Avenue Law, PLLC
  • Business Law, Collections, Employment Law...
  • Oklahoma
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Summary

Howard Berkson is the managing member of Boston Avenue Law, PLLC, which focuses on providing efficient, effective legal services to businesses in the areas of employment law, corporate law, contract law, and commercial law. Berkson also collects debts (recovery of delinquent accounts receivable) and enforces existing judgments. In addition to its legal expertise, the Firm contains executive level experience in human resources management, operations, and sales. As a result, the Firm understands the managerial, operational, and bottom line goals that must be balanced in finding solutions to clients' concerns.

Practice Areas
  • Business Law
  • Collections
  • Employment Law
  • Personal Injury
  • Insurance Claims
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
Oklahoma
Languages
  • English: Spoken, Written
Professional Experience
Managing Member
Boston Avenue Law, PLLC
- Current
Education
University of Illinois - Urbana-Champaign
M.A. / Labor and Industrial Relations
University of Washington, Seattle
B.A. / Philosophy
University of Tulsa
J.D. / Law
Honors: Graduated with honors.
Activities: Executive Notes and Comments Editor, Energy Law Journal.
Awards
Top Contributor
Avvo
Rising Star listed
Super Lawyers
"Super Lawyers" is just the name of the list.
Top Contributor
Avvo
Trial Practice Excellence for the Future
CALI
Legal Research Excellence for the Fututure
CALI
Civil Procedure I Excellence for the Future Award
CALI
Professional Associations
Oklahoma Criminal Defense Lawyers' Association
Current
Oklahoma Bar Association
Current
Tulsa County Bar Association
Current
Tulsa Area Human Resources Association
Current
Hudson-Hall-Wheaton American Inn of Court
Member
- Current
Tulsa County Bar Association
Vice Chair, Bench and Bar Local Rules Subcommittee
-
Speaking Engagements
Employment Law Update, Spring 2014 Continuing Professional Education Cluster, Tulsa, Oklahoma
Oklahoma CPA Assoc.
Websites & Blogs
Website
Website
Legal Answers
176 Questions Answered

Q. I am a member of a non-profit called Christian Healthcare Ministries.It is a ministry where members share members health
A: Whether you have any legal recourse depends on the contents of your contract with the organization and with their own established past practices. You should take your paperwork to an attorney familiar with contract law and review it with him or her in detail.
Q. Do I have any legal rights to co-workers, public knowing my medical information and harassment, without documentation?
A: Legally, "harassment" isn't usually what people think it is. I would need much more information to determine if you have been the target of illegal harassment. However, you should not provide that information here on this public forum. You should consider discussing that with an employment law attorney near you. As far as your medical information is concerned, it ordinarily cannot be revealed to the public or to co-workers except in limited circumstances unless you gave permission for the information to be revealed. You should also discuss that in detail with a local employment law attorney.
Q. I am in Oklahoma. Is it legal for an employer to hold my last check because of an exit checklist or exit survey?
A: No. Under the Oklahoma payday law, checks must be issued within certain time frames. An employer is not permitted to withhold payroll from an employee except under special circumstances. None of the circumstances you mentioned are special circumstances that allow an employer to withhold payment or to deduct from your paycheck..
Q. Can an employer force you to shave facial hair that is clean and well maintained?
A: Generally, yes, an employer can require employees to be clean-shaven. For safety reasons, there are few alternatives. If it is merely part of the company "look" that employees be clean-shaven, and if your facial hair is part of a religious obligation, then you may try asking the employer for a religious accommodation.
Q. As an employer am I legally obligated to provide a ride home after terminating an employee? In Oklahoma
A: Usually, no. However, if the employee is out in the middle of nowhere when you fire him or her, you can't just leave the employee by the side of the road without opening yourself up to significant liability. Naturally, the case against you would be much stronger if something bad happened to the employee, such as being struck by a car while trying to walk home on a deserted country road. However, if the employee ordinarily has no problem getting to and from the place where employment was terminated, and goes to and from that place as a part of his or her job, you probably have no special duty to provide transportation.
Q. my company is located in PA but I live and work in CA what state can I flle a lawsuite against them in?
A: It depends on the nature of your claim. Some claims possibly in PA, most claims in CA. You should talk to a lawyer familliar with employment law in your home jurisdiction, first.
Q. If the employer in Oklahoma cannot fill an I-9 for an international, what other forms must they fill out?
A: If you are technically permitted to work, then your immigration attorney should be able to guide you toward getting whatever documents you need to fill out Form I-9. Whether the document is a work visa or a social security card or a U.S. passport or something else permitted, you can't work legally without Form I-9. Moreover, working illegally could interfere with your immigration interests. You should discuss this in detail with your immigration attorney. If your immigration attorney does not know how to get the paperwork straightened out, then you need a different immigration attorney.
Q. Can an employer retroactively deduct wages paid due to payor source recoupment if the hours worked were assigned hours?
A: You might have a case against the employer for assigning you more work than you can bill and also for making a deduction you did not authorize, if you did not authorize the deduction.. However, it depends on a variety of details that you should discuss with an attorney near you who is familiar with employment law.
Q. What can a former employer say about my time employed i with them.
A: A former employer can be liable under different legal theories for bashing a former employee on a reference check. Defamation is one theory. Under defamation, you would say that you have been economically injured because they have made false statements about you (your character, your competency, whatever), knowing the statements were false or with reckless disregard for whether they were true. Another theory has a fancy lawyer name: "tortious interference with contract." Essentially, we would say that the former employee wrongfully interfered with your ability to form new contracts with new employers. There are subtle differences between these theories, and you can use them both at the same time. Usually, former employers do not say anything unless they are released from liability. Your potential case is much stronger if you did not sign a release. Often, employment applications have a release built into them. However, those releases often don't actually release former employers to give references. You should investigate this in more detail with an attorney near you who has knowledge of employment law.
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Contact & Map
401 S. Boston
Suite 500
Tulsa, OK 74103
USA
Telephone: (539) 777-1287