I was a production manager overseeing six staff. I had no idea I was going to be let go. Hadn't received any bad performance reviews nor disciplinary action. They even sent me to additional management training only two weeks earlier. And I regularly worked 50+ hrs/wk (salaried). It seems... View More 
answered on Mar 22, 2020
Unfortunately unless you have an employment contract with guaranteed income for a set period of time, you cannot sue your employer for the loss of your job, other than pursue unemployment. A layoff for virus would entitle you to receive unemployment, and moreover, any moment the US government is... View More
They have no insurance
answered on Feb 11, 2020
Yes. The owner is liable as an act of negligence, and if they have homeowners insurance may cover the dog owner for the claim. Not sure of extent of injury. If no medical treatment needed then may not be of much value. Certainly if stitches or more serious injury and medical expenses incurred... View More
I have the person's insurance, license, vehicle registration, phone number and some front dash-camera footage of when he hit me. He said he would pay, but he called to insult me and deny anything happened.
answered on Dec 3, 2019
You can file a claim with your insurance company and provide the other drivers information and they can go after the at fault driver for recovery of the damages. If you have a license plate And drivers name and information obviously you could still pursue a claim cvilly against the person. However... View More
The employee has been with the company for 2.5 years, its an outbound call center job. The reason for working at home is because the doctor requires the person to recover for at least 3-5 days. The job is denying me this, I have FMLA already but this is shorting my pay when the person may need to... View More
answered on Nov 22, 2019
Arguably you are suffering from a disability with a cancer diagnosis. So then your employer should engage you in a discussion and interactive process in attempting to accommodate the work restriction. If they have a legitimate business reason why you cannot work from home, then they don't... View More
when I was terminated. I was not on medical leave when the termination happened. I was at work. That is why I'm concerned about going forward with the surgery. Florida is a right to work state, and an employee can be terminated with or without cause. In my case it was without cause. But,... View More
answered on Nov 12, 2019
Well certainly if the termination is retaliatory it would be unlawful and depending upon facts there may be numerous other laws at issue, so again I encourage you to get your situation reviewed by counsel and you may as well contact me if you choose
for authorization. While waiting for the authorization I was let go from my job. I just received notice from the doctor's office that the authorization had been approved. And they wanted to move forward with the surgery. Am I still allowed to proceed with the surgery? I don't want to be... View More
answered on Nov 11, 2019
If the workers compensation carrier has authorized the surgery, and you have not received any notice of denial of benefits, then yes of course the carrier should be paying 100% for all medical treatment and the surgery. The fact that you were let go, assuming because you could not return to work... View More
answered on Oct 31, 2019
Unfortunately no lawyer and I doubt any medical professional can conclude there has been negligence by any medical professional just based upon this fact. However it may be worth obtaining all records to see if all certain medical protocols that were followed along with any issue of misdiagnosis... View More
I have on going lawsuit and proceeding pro sa and my ex lawyer filed that and u was wondering if I can take that back
answered on Sep 29, 2019
If you have not exceeded the time requirements you may yet be able to amend your interrogatories and your complaint to assert these damages. However if you have sworn answers or deposition testimony that swears you did not suffer such damages then consideration needs to be made based upon that
The New administrator is Haitian. I am the director of activities and the residents complained to me 2 times during resident council that the staff always speaks in creole outside their rooms daily. I gave my residents council minutes to the administrator 3x weeks ago for her to sign and she never... View More
answered on Sep 7, 2019
Unfortunately as an employee at will you don’t have any legal claim against your employer other than unemployment given these facts. Seek unemployment.
answered on Aug 27, 2019
Not very clear. But, if your question is whether you are entitled to overtime pay, that depends on all the facts related to your actual job duties. Being called a "manager" does not make you exempt under the law. Many companies simply put 40 hours on pay stubs. This again does not... View More
I haven't been able to contact, or received contact in over three weeks
answered on Jun 10, 2019
You have the right in any case to terminate an attorney, but, doing so may subject you to a lien on any future recovery depending upon the stage of things and work done. If you are not receiving communication, and cannot get an appointment, then you may not have a choice. However, you should... View More
What am I suppose to do?
answered on May 29, 2019
Any subpoena to appear requires reasonable notice, and depends on court how many days. Same day is not reasonable notice. I cannot see a court holding you in contempt if you just got served today, assuming it was properly served under the rules. Service was it by mail? fax? email or process... View More
Do I have a case? If not, why? I have more details.
answered on May 27, 2019
You have 2 years from the date of the act you claim to be negligent to file a claim so if it’s been 3 years since the infection you would be passed the legal time to file a lawsuit. However you should consult with a lawyer to be sure. As to the facts, infections occur from surgeries and more... View More
I filed for workers comp in florida for repetitive stress injury. I was accepted under reservation of rights and they are sending me to a doctor they chose. Does this mean I will be compensated for my past missed work/income? Can they decide later to deny me and make me pay the doctor fees of the... View More
answered on May 12, 2019
Stress is not an injury covered by chapter 440. If you mean repetitive stress fracture that’s different. Assuming it’s the latter you won’t be compensated u less you are out for at least 7 days. They cannot bill you after they authorized a doctor. Most it not all work computer lawyers... View More
My car was totaled in an accident that the policy holders car was involved in. The other driver was given a citation for failure to yield. I didn't receive any citations. The adjuster states that he needs to speak with the policy holder who wss not the driver at the time of the accident before... View More
answered on Mar 28, 2019
Your best option is to retain a lawyer to help you. I don't think its in your best interest to negotiate on your own. Secondly, you can just have your own insurance company pay the damage and they will subrogate or go after the other driver if your car is totaled and you need the funds to... View More
I work for a solar panel manufacturer and was not told by leadership or any supervisor to wear a mask when near certain machines. In fact, I worked an entire week without once being warned about the fumes and it took a fellow employee telling me about the fumes before i was aware of them.
answered on Mar 18, 2019
Any employer owes a duty to act reasonable and protect the safety of its employees
What do I file to keep her away from the property?
answered on Mar 8, 2019
Complaint with law enforcement for trespassing if you warned and will not comply unless it’s a public facility
The defense in a malpractice case responded that "plaintiff fails to state a claim upon which relief may be granted and, therefore the Complaint should be dismissed in its entirety." I have not yet submitted the exhibits/facts, only the affidavit from the expert witness. Is that what... View More
answered on Mar 7, 2019
This is usually standard verbage many defense put in their answer. Not clear if they answered. Sounds like you are doing this pro-se. I highly suggest you retain counsel if at all possible. If you do have counsel, then, you should discuss this defense asserted and how to respond.
I am the beneficiary mentioned above who has been receiving payments since 2012, payments are to stop in about 28 years. Since I am not disabled can I request a lump sum or a partial disbersement of remaining funds?
answered on Feb 22, 2019
Insurance companies always want to settle in a lump sum, but its subject to a negotiation with the insurance company. They will not simply pay you the present value. Do not negotiate on your own. I recommend you hire an experienced workers comp lawyer or law firm.
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