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Questions Answered by Bradley Jay Jones
1 Answer | Asked in Workers' Compensation for Montana on
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

I quit the other job the job that I got hurt at won't work with my restrictions so I am totally not working but only getting partial temp benefits. Shouldnt i be getting full temp disability benefits?

Bradley Jay Jones
Bradley Jay Jones answered on Sep 21, 2018

This depends on how your employment ended. I suggest you contact a workers' compensation attorney to discuss your case. We are glad to help.

1 Answer | Asked in Criminal Law for Montana on
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
Bradley Jay Jones
Bradley Jay Jones answered on Apr 14, 2015

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.

1 Answer | Asked in Contracts for Montana on
Q: I received bad check for work I did on someones house

What can I do im out $1000

Bradley Jay Jones
Bradley Jay Jones answered on Apr 14, 2015

You need to file a small claims court action to recover your funds and costs related to the bad check.

1 Answer | Asked in Civil Rights for Montana on
Q: Can my person or personal belongings be searched as a passenger on a commercial motor coach (bus)

If so, on what grounds & what are my rights

Bradley Jay Jones
Bradley Jay Jones answered on Apr 10, 2015

This will depend on who is searching and why. Generally speaking you should not be searched on ground transportation by a civilian.

1 Answer | Asked in Employment Law for Montana on
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.

I am the manager of a small motel and the person who comes in so I can have a day off is being paid $30.00 per day no matter how long she has to be here answering the phone taking reservations doing laundry etc...

Bradley Jay Jones
Bradley Jay Jones answered on Apr 10, 2015

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.

1 Answer | Asked in Workers' Compensation for California on
Q: Hurt my back on the job, and receiving workers' comp. My employer wants me to come back to work, what do I do?

HR now wants to see me and possibly sign paperwork? Good idea or bad idea. Is the company trying to protect their interest, so they don't get sued??

Bradley Jay Jones
Bradley Jay Jones answered on Apr 10, 2015

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... Read more »

1 Answer | Asked in Employment Law for Montana on
Q: What steps can you take if a shady employer took down personal information during job interview?

I recently answered a referral for a book keeping position for an individual who is a lawyer with many "businesses". He asked many unethical questions of which wrote down my replies in a file. I later called to decline the being interested in the position. I asked if I could have the file with my... Read more »

Bradley Jay Jones
Bradley Jay Jones answered on Apr 10, 2015

Unless the employer is using your information for illegal purposes there is nothing you can do. Your information was provided to him voluntarily.

1 Answer | Asked in Criminal Law for Montana on
Q: In the criminal justice system does the burdon of proof fall on the defense attorney?
Bradley Jay Jones
Bradley Jay Jones answered on Apr 10, 2015

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.

1 Answer | Asked in Family Law and Public Benefits for Montana on
Q: Can My spouse collect Alamony without it changing her SSDI
Bradley Jay Jones
Bradley Jay Jones answered on Apr 10, 2015

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.

1 Answer | Asked in Workers' Compensation for Montana on
Q: Is there a set precentage that an attorney can take out of your workmans comp settelment
Bradley Jay Jones
Bradley Jay Jones answered on Apr 10, 2015

Montana state law limits contingency fees to 20% in workers' compensation claims.

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