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Questions Answered by Harley C. Erbe
1 Answer | Asked in Consumer Law for Iowa on
Q: I bought a vehicle from a dealer and the transmission went out in it after 5 days of ownership.

What kind of attorney do I need to hire?

Harley C. Erbe
Harley C. Erbe answered on Apr 15, 2018

You need an attorney that practices consumer fraud law. Specifically, Iowa Code 714H, Iowa's consumer fraud statute, is probably your best bet.

3 Answers | Asked in Personal Injury for Iowa on
Q: If the police don't file charges ,could i still sue for personnal injurys

My boy and his wife were jumped leaving a bar. My son has a broke jaw in 3 places and his wife has a broken arm. The police have not filed charges because they say there is conflicting stories.

Harley C. Erbe
Harley C. Erbe answered on Feb 2, 2018

You, and your family, can still sue. Claims would be available against the perpetrators of the attack and the bar. Contact an attorney for a full review of both possible claims.

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2 Answers | Asked in Car Accidents for Iowa on
Q: What should I ask for in a vehicle accident settlement?

I was in my work vehicle and I was hit by a drunk driver who ran a red light. He did not have a drivers license, he was arrested, but his passenger fled the scene and he attempted to flee the scene in his vehicle. He hit me at a high rate of speed on my driver's side of my work vehicle. The airbags... Read more »

Harley C. Erbe
Harley C. Erbe answered on Jan 30, 2018

Every personal injury case is different and unique. Personal injury attorneys spend a lot of time on each case analyzing and evaluating its value. You'll need to hire one for that kind of analysis, which can't be achieved through a short question on this forum.

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1 Answer | Asked in Employment Law for Iowa on
Q: I have appealed a denial of unemployment benefits, this goes to an ALJ.

Is the former employer required to send me a list of the charges they used in the initial hearing which resulted in the denial ? I was not aware of the information they used against me at this telephone hearing. I will be 65 in April. I showed up to work and was told I was terminated. Eventually... Read more »

Harley C. Erbe
Harley C. Erbe answered on Jan 24, 2018

You could consider submitting interrogatories and document requests to the employer seeking the information you desire. Those are allowed under the administrative rules that govern contested unemployment benefits appeals. You could also review the administrative rules to determine how you can... Read more »

2 Answers | Asked in Car Accidents for Iowa on
Q: I was in a car accident at a gas station and wondered if I could ask them to give me the video to review who is at fault
Harley C. Erbe
Harley C. Erbe answered on Jan 21, 2018

You can ask, but the gas station has no obligation to give you a copy of the video. You can only force production of the video through a subpoena. A subpoena's only available if a lawsuit's on file.

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1 Answer | Asked in Libel & Slander for Iowa on
Q: What is a soon-to-be 55 year old woman to do in the case of slander/age discrimination?

It seems as though the laws may be stacked against me as there is no way to prove age discrimination either... I've been shunned by my peers who also have a degree in Accounting.

Harley C. Erbe
Harley C. Erbe answered on Jan 14, 2018

There's not enough information to evaluate your question. The short answer about what to do is to meet with a lawyer to discuss the situation and determine whether you have a legal claim. From the cynicism in your question, it sounds like you may already have done that and received a poor... Read more »

1 Answer | Asked in Libel & Slander for Iowa on
Q: is it wise to attempt a slander suit on my own?

I am an in-home caregiver and the daughter of a client has made exaggerated and false statements to my office regarding how I provided care for her mother resulting in a written warning

Harley C. Erbe
Harley C. Erbe answered on Jan 14, 2018

It's never a good idea to handle anything but a small claims case without a lawyer. Also, defamation cases are difficult to win, particularly when the statements at issue will be defended as statements of opinion. Opinions are protected under the First Amendment; they usually cannot form the... Read more »

1 Answer | Asked in Consumer Law, Contracts, Small Claims and Civil Litigation for Iowa on
Q: Can you sue in small claims court for money and the termination of a contract on a car?

I was sold a car and the dealership committed fraud and lied in their contract. The contract is worth 18,000. I want to retrieve $5,000 from them and also want the debt of the contract to be gone. Can I do this if the small claims court max is $5,000?

Harley C. Erbe
Harley C. Erbe answered on Jan 11, 2018

If you have good evidence of fraud, there's no reason to limit yourself to small claims court. You should instead pursue a claim in regular district court under Iowa's private consumer fraud act, Iowa Code Chapter 714H. I have information about that law on my website. Iowa Code Chapter 714H... Read more »

3 Answers | Asked in Personal Injury for Iowa on
Q: The lady who was at fault only carried the min insurance. Can I sue the insurance company for more?

I was in an auto accident back in March 2017. My back was hurt very badly. I'm still getting treatment and nothing has been helping. It is possible that I will have this pain for the rest of my life. The lady was at fault and was only insured for $20,000. I do have underinsured insurance. My... Read more »

Harley C. Erbe
Harley C. Erbe answered on Dec 18, 2017

You'd have to make a claim through your underinsured motorist coverage. That's what the underinsured coverage is there for. The other driver's insurer isn't obligated to pay more than its coverage limits, so it appears that her insurance has been exhausted. You'll have your underinsured motorist... Read more »

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1 Answer | Asked in Employment Law for Iowa on
Q: Was just fired from a job for a having back problems. Dr requested I be put on light duty for 2 weeks. Was then fired

Was told I am a liability, and was being fired. This issues has only been a problem for a few weeks. Back just started getting bad from working and needed to be light duty for 2 weeks while attending the pain clinic to find a solution. Was I rightfully fired?

Harley C. Erbe
Harley C. Erbe answered on Sep 15, 2017

The answer will depend upon the specific factual circumstances of your situation. You should schedule a meeting with an employment law attorney.

1 Answer | Asked in Contracts and Real Estate Law for Iowa on
Q: I have a land contract. The buyer is trying to force me to take full payment immediately.. Can he do that?
Harley C. Erbe
Harley C. Erbe answered on Aug 8, 2017

This question can't be answered through this service. The contract would have to be reviewed. Details of the underlying situation would have to be gathered. To get competent, useful advice, you'll likely need to schedule a meeting with an attorney.

1 Answer | Asked in Employment Law for Iowa on
Q: Is a business in Iowa obligated to pay out accrued PTO if an employee leaves the company?

I have taken another job through a different employer. My current employer is refusing to pay out my accrued vacation time. Is this legal?

Harley C. Erbe
Harley C. Erbe answered on Jul 10, 2017

It depends on a few variables. My website includes several articles about PTO payouts upon termination. They might help you decide whether your employer's acting legally.

3 Answers | Asked in Personal Injury for Iowa on
Q: My vehicle was rear ended and I have received two tears in my rotator cuff area that will require surgery. should i get

a personal injury lawyer or settle with my insurance company?

Harley C. Erbe
Harley C. Erbe answered on Jun 15, 2017

You absolutely need an attorney for injuries that significant. Otherwise the insurance company will just bat you around and try to walk you into an unfair settlement. I wrote about the risks of handling your own injury claim here:... Read more »

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3 Answers | Asked in Car Accidents and Personal Injury for Iowa on
Q: My car fell off tow truck because they didn't hook up correctly. The car hit me should i sue
Harley C. Erbe
Harley C. Erbe answered on Apr 7, 2017

It depends. Both the towing company's liability and your injuries and damages need to be evaluated. You should schedule a meeting with a personal injury lawyer for an in-depth discussion of this situation.

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2 Answers | Asked in Personal Injury, Municipal Law and Real Estate Law for Iowa on
Q: What do you do if a neighbor applies chemicals to your property after you have told him not to
Harley C. Erbe
Harley C. Erbe answered on Feb 17, 2017

It depends upon the damage to your property and whether it's worth pursuing a legal claim. More information is needed.

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1 Answer | Asked in Employment Law and Employment Discrimination for Iowa on
Q: I am a truck driver for a small company. I am also 13 weeks pregnant.

My boss has recently pulled me from my normal route due to having to make restroom breaks, he had told me I would pull a different trailer but the past couple days has not "had" work for me to do. Is this considered pregnancy discrimination?

Harley C. Erbe
Harley C. Erbe answered on Jan 17, 2017

Possibly. More details regarding the employer's basis for both actions would be required to evaluate your situation. If the employer admits that those reasons had anything to do with your pregnancy, the next question is whether the employer was justified in taking the pregnancy-related action.... Read more »

3 Answers | Asked in Personal Injury for Iowa on
Q: My husband slipped and fell on a wet floor at the hotel we were staying at. He broke his elbow.

When we asked the hotel for help paying the medical bills they said it wasn't their responsibility because they contract out for their cleaning and the cleaners weren't hotel employees. Is this true?

Harley C. Erbe
Harley C. Erbe answered on Nov 4, 2016

The hotel's wrong. It's potentially liable for anything that happens on its property. The cleaning service might be liable too. Whether there's a case against either depends upon the specific facts of your husband's fall. To investigate this further, you'd need to schedule a meeting with a... Read more »

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1 Answer | Asked in Nursing Home Abuse for Iowa on
Q: My Mom was released from a nursing home and then she passed away -- I wasn't notified. Do I have a case?
Harley C. Erbe
Harley C. Erbe answered on Nov 4, 2016

It's not clear from your question what you think you should've been notified of. That your mom was released from the nursing home? That she died? I'm quite sure that the nursing home would have had no obligation to notify you of your mother's death and, even if it did, that your damages for such... Read more »

1 Answer | Asked in Employment Law for Iowa on
Q: Does my employer have to pay commissions after I resign?

My position was 100% commission and I have open sales I haven't been paid.

Harley C. Erbe
Harley C. Erbe answered on Aug 8, 2016

Possibly. Commission arrangements can be very tricky when it comes to post-termination payments. More detail would be needed to fully evaluate your situation. You should contact an employment law attorney for a more in-depth discussion.

1 Answer | Asked in Employment Law, Employment Discrimination, Federal Crimes and Sexual Harassment for Iowa on
Q: I have been sexually harassed by my boss, I went above her head and told her boss about it and nothing was done.

Her boss wrote me a check and asked me if the issue would be dropped. Her boss also said they would have a meeting with her and get her to stop saying the nasty comments and touching me and she still does both. I feel unsafe and uncomfortable going to work. What else should I do? This is a seasonal... Read more »

Harley C. Erbe
Harley C. Erbe answered on Aug 8, 2016

Since you put the employer on notice of this conduct, yet the conduct's continued, you may have a claim for sexual harassment/hostile work environment against the employer for allowing the harassment to continue after you complained. That claim would be started through your local human rights... Read more »

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