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Questions Answered by Mitchell Feldman
1 Answer | Asked in Employment Law for Florida on
Q: if a case where my job called authorities was dismissed what can i do

allegedly crystal meth was in this package i was arrested and everything case was dismissed for lack of evidence what can i do

Mitchell Feldman
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Mitchell Feldman
answered on Feb 20, 2019

This may be a case of malicious prosecution which is a tort. Seek advice if attorney

3 Answers | Asked in Medical Malpractice for Florida on
Q: can a surviving spouse sue for malpractice individually or must the deceased estate sue.I’m told only the estate

can sue and me, her husband can’t individually bring a case to court.

Is this true? I reside in the state of Florida...thank you so much for anything you can offer me.

Mitchell Feldman
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Mitchell Feldman
answered on Feb 18, 2019

you will need to set up an estate on your own with estate/probate attorney, or if there's a medical malpractice case set up, attorneys like we do, have a relationship with another law firm that you can be referred to for this part. Essentially, the estate brings the case or legal action; but... View More

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1 Answer | Asked in Workers' Compensation for Florida on
Q: Yes I would like to know what retirement from employer and you also file for disability why would I have to repay money

To employer residents in Georgia

Mitchell Feldman
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Mitchell Feldman
answered on Jan 30, 2019

The question is not clear. If you are retiring then how is it you are getting disability income? Most work comp lawyers including me will offer free consults on work comp matters. Find someone and make an appointment by phone or in person.

2 Answers | Asked in Employment Law and Sexual Harassment for Florida on
Q: Is it harassment if my boss, the CEO, is inappropriately messaging me late night after hours?

He was messaging me suggesting I go along with him on a trip out of the country then ended it by saying jk your husband wouldn’t allow with a winky face. Then continued to message me asking if I’ve been to a place and I said no and he asked if I know where it is and I said no and he told me... View More

Mitchell Feldman
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Mitchell Feldman
answered on Jan 27, 2019

From these facts, its not clearcut under the framework of Title VII, but since the company has terminated your employment (not just the wife) through the actions of the wife, then it appears the company's action can arguably be deemed to be a form a retaliation even though it was issued by the... View More

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1 Answer | Asked in Employment Law and Federal Crimes for Georgia on
Q: After 4yrs of emply + w/out warning, I was told to resign or b/fired. I also believe there might be reverse discrimation
Mitchell Feldman
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Mitchell Feldman
answered on Jan 22, 2019

Not enough facts here to provide any basis to believe there is anything unlawful about your termination. As to reverse discrimination, if that's your belief, then you should discuss the facts and information with an attorney and seek legal advice.

1 Answer | Asked in Employment Law, Workers' Compensation and Business Formation for Georgia on
Q: Workplace bullying.. what do I do?

Okay. So my boss cussed me out yesterday and sent me home and gave me two days off. The “reason” for this is because I cleaned a room, as I am a housekeeper and the vacuum that was provided by the job wasn’t working. I stated this to my boss. Upon inspecting my room, she started yelling at me... View More

Mitchell Feldman
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Mitchell Feldman
answered on Jan 15, 2019

Unfortunately there’s no anti-bullying law. There’s no law that says your employer has to be nice with you and there’s no law that says being mean and nasty is actionable. However when there are specific violations of the minimum-wage or overtime laws changing an editing cards and there’s a... View More

3 Answers | Asked in Health Care Law and Medical Malpractice for Florida on
Q: I live in Crestview Florida I am currently in Orlando Florida which is 6 hours away in the hospital I think I have a

Medical negligence lawsuit do I get a attorney in crestview or Orlando

Mitchell Feldman
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Mitchell Feldman
answered on Dec 28, 2018

You can get an attorney anywhere who is licensed in Florida and no need to restrict based upon either of those 2 cities ita of no consequence

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4 Answers | Asked in Wrongful Death and Medical Malpractice for Florida on
Q: My dad died due to a doctor's negligence during surgery. Should his family file both medical malpractice and wrongful

death claims?

Mitchell Feldman
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Mitchell Feldman
answered on Dec 26, 2018

The claim is the same and is about and based upon a finding of medical negligence. The death act speaks to damages available. Thus any attorney will know to comply with medical malpractice presuit requirements and make a claim of negligence if supported by an expert medical opinion.

The...
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1 Answer | Asked in Employment Law for Florida on
Q: Hi there.I've been working in the same company for more than six years.The work schedule is from 7:30 am to 4:30.

I only get paid eight hours.So I wonder it is legal that the company take an hour without being paid?Can a lawsuit be made agains them for that?

Mitchell Feldman
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Mitchell Feldman
answered on Dec 23, 2018

If they are automatically deducting an hour for a meal break and you are working through some or all of the meal breaks they have to provide you the opportunity to clean those hours and clock in and out a report that otherwise you would need to be paid for those hours if you worked

1 Answer | Asked in Stockbroker Fraud for Florida on
Q: I believe my broker is defrauding me and I suspect that other clients are being similarly defrauded. How do I contact

them to start a class action?

Mitchell Feldman
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Mitchell Feldman
answered on Dec 12, 2018

You obtain the assistance of a lawyer to review the claims and he or she will assist in this regard if there is a claim to be brought. I would not worry about a class let’s start with what happened to you and whether there is a chance for recovery or a claim against the broker at issue. If... View More

1 Answer | Asked in Workers' Compensation for Florida on
Q: In a Florida I was injured at work and the doctor put me in light duty and that was not given. I was taking my pain meds

and Drive was arrested for a DUI and consequently fired as a no show. I am unable to get another job due to still no release from the doctor and this is 9 months later. Am I entitled to WC compensation due to not being able to get a job.

Mitchell Feldman
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Mitchell Feldman
answered on Dec 12, 2018

First I will tell you it’s contrary to your best interest to not have representation in this Worker’s Compensation claim. So my purse recommendation for you is to obtain an attorney. Attorney will fight for you and your rights under Worker’s Compensation law to get the benefits you were... View More

2 Answers | Asked in Car Accidents and Insurance Bad Faith for Florida on
Q: State Farm Insurance Company, my carrier, two days after I was hit by a person DUI of drugs who hit me with a 5,000 lb

truck causing my car to roll over three times and land on its driver side an inch away from a house after going through a line of trees and a fence said that I was eligible for "expedited settlement" even though I wasn't ready to settle and did not ask to settle. I already have had 4... View More

Mitchell Feldman
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Mitchell Feldman
answered on Dec 12, 2018

The first thing I will say is of course you need counsel and her attorney and why if you are seriously injured he did not obtain representation is contrary to your best interest. Do not try to play lawyer with the insurance company or insurance companies and the other parties. If you were seriously... View More

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2 Answers | Asked in Wrongful Death for Florida on
Q: What are survivors entitled to if they win a wrongful death claim?
Mitchell Feldman
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Mitchell Feldman
answered on Dec 12, 2018

The damages or enumerated in the statute and does it depends on the survivors relationship the amount of dependency whether there was financial support or just emotional support. If there is a potential lawsuit or claim against somebody for causing the death and there are dependent spouse minor... View More

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3 Answers | Asked in Personal Injury for Georgia on
Q: I slipped and fell in the bathroom at bidgetel hotel broke my back i need help
Mitchell Feldman
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Mitchell Feldman
answered on Dec 5, 2018

Well if there something that you believe that the hotel did wrong to cause you to slip and fall such as where there was a leak that they didn’t warn you about then of course consult a lawyer. You are free to contact myself or anybody else who does personal injury and I’m sure anybody can be of... View More

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1 Answer | Asked in Medical Malpractice for Florida on
Q: During a Lipo suction procedure, my lung was punctured and collapsed, I was sent to the ER and was admitted to ICU

Was admitted for 4 days. I had put my daughter as my emergency contact, at the place were I was having the procedure, but she was not contacted until the following day in the afternoon. Can I sue the doctor who performed the Lipo for malpractice?

Mitchell Feldman
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Mitchell Feldman
answered on Dec 4, 2018

You Question about suing for medical negligence or malpractice as you call it depend upon an opinion from a similar physician in same specialty who can conclude that the physician performing the lipo suction was negligent meaning his treatment frll below the piper standard of care.

As to...
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1 Answer | Asked in Employment Law for Florida on
Q: I have a question about an employment contract for a manager to be paid by commission only in the state of florida.

It states at a minimum commission received will equal one and half times federal minimum wage for all hours worked including those in excess of 40 in any week or approximately $11. when the state minimum wage exceeds the federal, the employer is required to pay the state minimum. Would that apply,... View More

Mitchell Feldman
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Mitchell Feldman
answered on Dec 4, 2018

If you are being paid minimum wage then you are to be paid time and one half state min wage for overtime.

If you are paid a commission and employer promises that if your pay dips below time and one half min wage for all hours worked it should be based upon the state minimum wage.

3 Answers | Asked in Sexual Harassment for Florida on
Q: I'm an intern at a tech company. My supervisor has made some sexually explicit comments to me. How do I approach this as

I'm not an actual employee?

Mitchell Feldman
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Mitchell Feldman
answered on Dec 4, 2018

If you were subjected to sexual harassment by anybody in a professional setting and you need to bring this to the attention of the appropriate person or department would be responsible for investigating and handling such complaints. Your employer is subject to the civil rights act in as an intern... View More

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2 Answers | Asked in Personal Injury for Georgia on
Q: Is the statute of limitations different for children's injuries versus adult's?
Mitchell Feldman
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Mitchell Feldman
answered on Dec 4, 2018

Generally no difference.

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1 Answer | Asked in Medical Malpractice for Florida on
Q: was injured because a nurse gave me the wrong drug. Who can I sue?
Mitchell Feldman
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Mitchell Feldman
answered on Dec 1, 2018

If any medical professional was negligent you may have a legal cause of action against the person and the his or her employer such as a hospital or physician group.

2 Answers | Asked in Car Accidents for Florida on
Q: Will my health insurance through work pay for my medical bills for a car accident I was in?
Mitchell Feldman
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Mitchell Feldman
answered on Dec 4, 2018

Yes. If you no longer have any pip or never did then yes

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