It depends on what the cause for the injury was. If the injury was sustained because of some improper upkeep of the premises, or a building code violation or other similar structural defect, than it would be the landlord. If the tenant, however, specifically altered the premises without the...Read more »
In order to recover for wrongful termination, you have to have been terminated for an unlawful reason, ie, sex, race, gender, or violation of public policy. There are several public policies which are actionable, however, a general business conduct or ethical deviance typically does not in and of...Read more »
Yes, if you as the plaintiff did not recover any monies, then the defense "won" with its defense (zero) verdict. The prevailing party is entitled to recover certain costs attendant to the litigation, including filing fees, court reporter fees for depositions and for trial, and other costs. Had...Read more »
When you say your dad's "information", are you referring to private and confidential information? All such information should remain protected. As for the 401K plan, your dad should contact a new broker and roll the old 401K into a new plan not managed by his employer's old broker.
There was a class action lawsuit against my work for unpaid wages and I am to benefit if a settlement was reached but the cause of action states 28:1441 Notice of Removal - Labor/Mgmnt. Relations. And I am not sure what this means
It means the case was originally filed in State Court and the Defendant removed (changed courts) to Federal Court. Many times in Class Actions, the corporate headquarters of the defendant is out of state. In such a situation, provided other parameters are also met, the defendant can remove the...Read more »
If you were injured on campus, you could bring a lawsuit against the school to recover for your injuries and other damages, if any (ie, lost wages). If the school is not a private school, you will have to sue the city or state or whatever governmental agency is in charge of the school. Be aware...Read more »
It depends upon what you are suing the other person for. If you are suing for money damages due to a breach of contract or a physical injury, you can receive a money judgement. In some circumstance, if you are trying to get the other person to specifically perform whatever he agreed to do, you...Read more »
If you wish to picket the site, you can, so long as you do not unlawfully obstruct the daily operations of the business (blocking customers, deliveries, etc.) However, instead of picketing, why don't you either sue him for your unpaid wages or contact the Labor Board to assist you in collecting...Read more »
Why have you worked for 2 years without demanding your wages due? If it is because you are working in exchange for free lodging, the law prescribes precisely how much money an employer can withhold for rent/lodging, depending on the size of the unit you reside in. In order for this law to apply,...Read more »
In California, an employer is lawfully entitled to request a verification from your physician regarding your disability or medical condition to support your medical leave claim. The fact that you do not have health insurance does not obligate your employer to pay for your doctor's time to prepare...Read more »
At first glance, the fact that the purported commission is from 2003 seems to make the action outside the statute of limitations. The statute of limitations is the time frame in which a lawsuit can be filed. The statute of limitations for a breach of written contract (assuming that is what this...Read more »
At the end of a Peronal injury suit my medical bills were $18,500.00 my lawyer only paid hospital $10,000.00 but subtracted the $18,500.00 from my settlement what do i have to do to get the $8500.00. Is there a statue of limatations this happind on july 30 2004 that same day this lawyer was placed... Read more »
First of all, the reduction of any medical bills should have been addressed in your retainer agreement. However, absent that, at best, I would think that the lawyer would be entitled to a percentage of any monies saved on your behalf. So, if he handled your case on a 33% contingency, then, at...Read more »
The beneficiary is entitled to the inheritance, and nobody else, including the State, can take the money. The incarcerated beneficiary's share of the inheritance should be held in Trust until he/she is no longer incarcerated. The estate's Executor or Successor Trustee has a duty to ensure the...Read more »
4850 time may vary from department to department, however, in California, if an employer requires that an employee wear a uniform, the employer must pay the cost of the uniform. Labor Code Section 2802, Industrial Welfare Commission Orders, Section 9. The term "uniform" includes wearing apparel...Read more »
Your employer is not required to hold your job open if you cannot work due to disability. However, having said that, an employer similarly cannot terminate you solely based upon your disability. Also, your employer is required to engage in what is called the "interactive process" in an attempt to...Read more »
The scenario you present seems quite unusual. A judge has discretion in allowing continuances to trial dates, but typically they strive towards getting the case tried rather than continued. However, there are factors which would cause the judge to continue the matter, like complexity of discovery...Read more »
I am not sure what the nature of your job is, or what your job duties are that require you to be in such an area, but your employer is required to provide reasonable means to ensure your safety. You should speak to Human Resources or a supervisor about your safety concerns, and request that a...Read more »
If you have been terminated because of a legally recognized discriminatory reason (race, sex, gender, disability, etc.) then you may have a wrongful termination in violation of public policy claim against your employer. Such a claim would entitle you to lost wages, emotional distress damages,...Read more »
Assuming your mother has passed away, it is public record and part of the probate docket in the court's probate file. You need to go to the Probate Court in the County where your mother resided, and look up "The Estate of 'Mother's Name'"
Your contract should specify exactly what your pay is, as well as how and when you are supposed to be paid. It would seem odd that your contract would state that you are to work for almost 4 months without getting paid. Regardless, in California, you are supposed to get payment of at least...Read more »
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