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Questions Answered by Mitchell Feldman
2 Answers | Asked in Car Accidents for Georgia on
Q: If you hit a car left unattended in the left lane on a interstate and get rear end teice who is at fault
Mitchell Feldman
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Mitchell Feldman
answered on Dec 4, 2018

The person who left the car has some likely fault but, your level of fault is also going to be part of any potential case, but that’s standard in any accident case because the law is comparative fault.

We need more facts as to whyWine and what led you to strike this car in the first...
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1 Answer | Asked in Employment Law for Florida on
Q: Can my employer withhold my last paycheck and tips for refusing to sign walking papers after being fired
Mitchell Feldman
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Mitchell Feldman
answered on Nov 27, 2018

No. If they won’t pay contact a lawyer

2 Answers | Asked in Workers' Compensation for Florida on
Q: I qualified for workers' comp benefits after being injured at my construction job. A month later, they laid me off. Does

this mean I'll be cut off from my benefits? I did nothing wrong to warrant the termination.

Mitchell Feldman
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Mitchell Feldman
answered on Nov 26, 2018

We need more faxed to give you a better response here to your legal questions. Chapter 440 the Worker’s Compensation act under Florida law prohibits retaliation. Laying you off may or may not be some sort of form of retaliation. If you’re unable to do your job any further unless you’re... View More

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6 Answers | Asked in Wrongful Death for Florida on
Q: If the state of Florida plans to charge the individual who ran over and killed my wife with a DUI, can I still file a

wrongful death claim or do I have to wait until the criminal matter is resolved?

Mitchell Feldman
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Mitchell Feldman
answered on Nov 26, 2018

If your spouse was killed by a driver who was under the influence you should immediately seek out the assistance of an attorney to help investigate the Facts, prepare a case, and see if there are others who may be held responsible and all insurance companies involved where you may look too for a... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Georgia on
Q: What can I do if my former employer doesn’t pay me my full paycheck that I earned?

He docked pay saying I took it from the register, but took more than the amount he said. He also already docked the previous paycheck the mentioned amount.

Mitchell Feldman
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Mitchell Feldman
answered on Nov 23, 2018

You are owed for the wages earned and you can request payment of seek to hire a lawyer to get the wages for you. Give a demand for pay and if not seek advice of counsel

1 Answer | Asked in Wrongful Death for Georgia on
Q: How can I get all the jurors thrown out if it comes to find out that one juror have been contaminated
Mitchell Feldman
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Mitchell Feldman
answered on Nov 18, 2018

Not sure what you mean by contaminated. If you have evidence the juror is engaged in misconduct then your lawyer should present to the judge for investigation and ruling

1 Answer | Asked in Personal Injury for Florida on
Q: What rule do I use for a Motion to Dismiss? It's a very general Complaint. Nothing attached as exhibits showing damages.

MVA and Plaintiff speaks about medical treatment, hospitalization, loss of employment,etc (the typical language) but nothing is attached showing or proving that there is a claim for the amount of $15,000 in the Complaint. I am Defendant in the case. It was daughter's vehicle that she had given... View More

Mitchell Feldman
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Mitchell Feldman
answered on Nov 17, 2018

Your insurance company has a duty to defend and hire you an attorney. Report the claim and let them handle. If they declined call a lawyer and do not attempt to practice law here. You cannot dismiss the complaint on the grounds you discuss

1 Answer | Asked in Car Accidents for Georgia on
Q: If I hit a abandoned car on the freeway in the fast left lane At night in the rain and car had no hazards on Who fault

I hit the Abandoned car from behind

Mitchell Feldman
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Mitchell Feldman
answered on Nov 17, 2018

The person who left the car there and potentially municipality that knew it was there and failed to get it towed or impounded

1 Answer | Asked in Employment Discrimination for Georgia on
Q: Is it legal for mgt to tell you that you will be replaced with Mexican labor and then actually do it?
Mitchell Feldman
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Mitchell Feldman
answered on Nov 17, 2018

If you company replaces you solely because of you not fitting a face or ethnicity that’s would be unlawful if no legitimate need.

1 Answer | Asked in Employment Discrimination for Florida on
Q: Can my boss force me to work on Christmas Eve, or is that some form of religious discrimination?
Mitchell Feldman
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Mitchell Feldman
answered on Nov 17, 2018

If you require off for religious purposes you should request it off and explain its for observance and not for just to use as to just have off for convenience but if business has a need and asks you to work and others it’s not discriminatory. If it prevents you from going to church that may be a... View More

3 Answers | Asked in Car Accidents for Florida on
Q: I was hit by a driver that was ticketed for failure to yield the right of way but she has no bodily injury on her policy

I have no uninsured on my policy but she was ticketed and my car was totaled due to her not paying attention and I want to know where to go from her maybe I can get help in a small claims case against her and her husband

Mitchell Feldman
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Mitchell Feldman
answered on Nov 17, 2018

She is still liable. However if you have um on your policy then you can obtain compensation or sue your own company. If you are hurt contact a lawyer immediately

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1 Answer | Asked in Employment Law for Georgia on
Q: Employer forgot to process change in direct deposit, deposit went to wrong (negative) account, won’t reverse. Can I sue?

Can I sue in small claims court? I sent the form 2 1/2 weeks in advance but the individual forgot to submit the form for processing. The direct deposit went to the wrong account which was negative and I didn’t receive any of the funds. They are saying they can’t reverse a deposit out of a... View More

Mitchell Feldman
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Mitchell Feldman
answered on Nov 14, 2018

As long as your employer paid you and the funds were delivered, I don't see a cause of action to "sue". You need to be paid for your work. If I understand, you had a negative balance account, and the back took the funds and applied to the balance owed. Thus, you have received... View More

2 Answers | Asked in Personal Injury and Car Accidents for Georgia on
Q: I got injured when I was side-swiped by a truck that ran a stop sign. They say I'm partially to blame for my injuries

because I wasn't wearing a seatbelt. Can they argue this?

Mitchell Feldman
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Mitchell Feldman
answered on Nov 12, 2018

It is a matter of comparative fault. But, the extent will likely be a matter of medical opinion and potentially other expert opinions.

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2 Answers | Asked in Sexual Harassment for Florida on
Q: If I used curse words in shooting down a supervisor who was sexually harassing me, will that negatively impact my

lawsuit against him?

Mitchell Feldman
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Mitchell Feldman
answered on Nov 12, 2018

No. Although simply harassing you doesn't just automatically create the right to file a lawsuit. You should first report the harassment to your company, and obtain legal advice, including paying for legal advice if this situation is not resolved.

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2 Answers | Asked in Wrongful Death for Florida on
Q: My wife never woke up from a surgery where she was under general anesthesia. The hospital says they're not liable

because the anesthesiologist was an independent contractor. Is this true?

Mitchell Feldman
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Mitchell Feldman
answered on Nov 12, 2018

The hospital may not be liable if they did not employee the anesthesiologist, but, may be liable of other staff such as RN's are involved and employed by the hospital, or if any other RN or staff employee contributed to the event. Assuming there was negligence and a failure to perform under... View More

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1 Answer | Asked in Car Accidents for Georgia on
Q: I was disoriented after my accident and worried

about everyone and told one of the driver's I'm sorry if he was hurt - now they say I admitted it was my fault b/c of that - can they do that?

Mitchell Feldman
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Mitchell Feldman
answered on Nov 12, 2018

In the world of law and lawsuits, what you say or said may be taken as an admission that can be used in any case. However, other facts may point to what happened and who is at fault. Like in life, if you say something but other circumstances or facts put such statements into doubt as being... View More

1 Answer | Asked in Workers' Compensation for Florida on
Q: I got approved for workers' comp benefits after receiving a medical evaluation. Now my employer wants a second doctor to

evaluate me. Could I lose my benefits if the second doctor finds my injury less severe than the first?

Mitchell Feldman
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Mitchell Feldman
answered on Nov 5, 2018

Yes you can if that doctor says the accident did not cause your injuries or there is no medical necessity for treatment. I think you need to get an attorney as soon as possible. Insurance company does not have a right to force you to go to a second opinion which is not an IME

Obviously...
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1 Answer | Asked in Contracts and Employment Law for Georgia on
Q: Is my employer obligated to provide me a copy of my signed/executed employment agreement?

My employer and I conducted contract negotiations remotely using electronic copies. When I received the hard copies, I made some final minor 'strike-through and replace text' modifications to them, intitialed the changes, signed the documents, and returned the hard copies by mail. I never... View More

Mitchell Feldman
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Mitchell Feldman
answered on Oct 25, 2018

You are a party to the agreement. I suppose your could file some legal action to obtain a copy, and refusal may be itself a breach of the agreement. However, if you are no longer there, they may be reluctant and have agenda as to why they will not release is, and I've seen this in many... View More

1 Answer | Asked in Sexual Harassment for Florida on
Q: Can my boss go to jail for sexually harassing me?
Mitchell Feldman
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Mitchell Feldman
answered on Oct 25, 2018

We cannot say if the conduct is criminal. However any offensive touching in a sexual manner could be a violation of a criminal statute.

Verbal harassment probably not criminal. I would focus on seeking advice for help in abating the situation with a lawyer and properly addressing the...
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1 Answer | Asked in Employment Law for Florida on
Q: Can an employer alter time sheets for employees without their knowledge simply because they do not support the times

So clock in or out times have been altered without employees knowledge. Part time employee in south Florida.

Mitchell Feldman
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Mitchell Feldman
answered on Sep 27, 2018

Under both the state and federal wage laws, as an hourly paid, non-exempt employee, whatever hours you work must be paid by the employer, and its in most circumstances, unlawful to edit or shave off hours worked and refuse to pay those hours. You must be paid for all hours worked. If your... View More

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