Questions Answered by Bradley Jay Jones

Q: I worked 2 jobs I got hurt and am rec. Temp partial disability but due to a domestic violence case quit the other job

1 Answer | Asked in Workers' Compensation for Montana on
Answered on Sep 21, 2018
Bradley Jay Jones' answer
This depends on how your employment ended. I suggest you contact a workers' compensation attorney to discuss your case. We are glad to help.

Q: Can a 20 yo that turns 21 in July date and have sexual relationship with a 16 who turns 17 the same day I'm Montana

1 Answer | Asked in Criminal Law for Montana on
Answered on Apr 14, 2015
Bradley Jay Jones' answer
Montana Code Annotated 45-5-503 discusses the penalties for sexual intercourse without consent. A minor does not have the capacity to consent legally so even if this is not forceful it would be what is termed statutory rape. I strongly suggest you avoid the chance of prosecution.

Q: I received bad check for work I did on someones house

1 Answer | Asked in Contracts for Montana on
Answered on Apr 14, 2015
Bradley Jay Jones' answer
You need to file a small claims court action to recover your funds and costs related to the bad check.

Q: Can my person or personal belongings be searched as a passenger on a commercial motor coach (bus)

1 Answer | Asked in Civil Rights for Montana on
Answered on Apr 10, 2015
Bradley Jay Jones' answer
This will depend on who is searching and why. Generally speaking you should not be searched on ground transportation by a civilian.

Q: I need to know if a person managing a motel is paid by the hour or on a day rate. This person is not an administrator.

1 Answer | Asked in Employment Law for Montana on
Answered on Apr 10, 2015
Bradley Jay Jones' answer
How the employee is paid is a matter of agreement between the employer and the employee. State and Federal minimum wage requirements must be met but how the wage is calculated is not a firm matter of law.

Q: Hurt my back on the job, and receiving workers' comp. My employer wants me to come back to work, what do I do?

1 Answer | Asked in Workers' Compensation for California on
Answered on Apr 10, 2015
Bradley Jay Jones' answer
Your doctor not your employer decides when you should return to work. I suggest you contact a California workers' compensation attorney because the law differs from state to state. If your doctor has released you, even to light duty, and the employer is ready for your return in Montana you would need to return to work or risk losing your wage loss benefits in the future.

Q: What steps can you take if a shady employer took down personal information during job interview?

1 Answer | Asked in Employment Law for Montana on
Answered on Apr 10, 2015
Bradley Jay Jones' answer
Unless the employer is using your information for illegal purposes there is nothing you can do. Your information was provided to him voluntarily.

Q: In the criminal justice system does the burdon of proof fall on the defense attorney?

1 Answer | Asked in Criminal Law for Montana on
Answered on Apr 10, 2015
Bradley Jay Jones' answer
This depends on the situation. Generally the plaintiff, in this case the state must prove all elements of the alleged complaint. The burden may shift to the defense if proof is offered or there is an affirmative defense. I hope this helps.

Q: Can My spouse collect Alamony without it changing her SSDI

1 Answer | Asked in Family Law and Public Benefits for Montana on
Answered on Apr 10, 2015
Bradley Jay Jones' answer
Yes, SSDI is not tied to resource availability. If your wife were receiving SSI the alimony would count as a resource and likely disqualify her from receiving benefits.

Q: Is there a set precentage that an attorney can take out of your workmans comp settelment

1 Answer | Asked in Workers' Compensation for Montana on
Answered on Apr 10, 2015
Bradley Jay Jones' answer
Montana state law limits contingency fees to 20% in workers' compensation claims.

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