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The company has done so many things and I have it all documented in audio recordings, emails and text messages. I have had my schedule changed when coming back off of vacation time without being told. The manager that told me his leadership was telling him to skip steps of the attendance policy was... View More
answered on Jul 23, 2024
If you were issued a "right to sue" letter by either the EEOC or the TWC, the time to file a lawsuit is 90 days from the date of the letter for a federal lawsuit and 60 days from the date of the letter for a Texas state court lawsuit.
In Texas, arbitration agreements are usually... View More
of the contract. I was hired at $48.000 + comm. and a non compete saying I owe her $3500 if I quit or get fired. She pays me $24000 now. Since he broke the contract, doesnt that free me from paying her anything? I had to find a new job to pay my bills
answered on Jul 22, 2024
It depends on the language of your salary contract as well as the facts and circumstances presented by the evidence. Like other contracts, an employment contract can be modified by the parties. If you and your employer agreed that you would be paid $48,000 + commissions, a breach would occur if... View More
I was told to clean the excess dirt off of a bucket from a skid steer and the operator maybe through negligence closed the claws on me crushing me resulting in trauma to left shoulder and chest. The machine that caused the accident has had a bad lever (responsible for closing and opening the claws... View More
answered on Jul 19, 2024
Receiving a Form 1099 instead of a Form W-2 is evidence that you were an independent contractor and not an employee, but in and of itself, it is not dispositive. Some companies misclassify employees as independent contractors to try to avoid having to withhold federal income tax and payroll taxes... View More
We don't have property but, a child together. They called Child Protection Services but, lied to them also. In their answer they said that my new lover is abusive but, the lover doesn’t even live with me. They’re not fighting for full custody but, is there a punishment if they lie in their answer.
answered on Jul 18, 2024
An answer contains allegations, not evidence. If they make an allegation in their answer which is not true, prove that it is not true at any hearing or trial using evidence.
I had a LTD business that is now dissolved. Since its dissolution I received a refund from an insurance company for overpayment of services. I have tried everything to deposit this check. The insurance company will not reissue it and I cannot sign it over to a third party. I am wondering if I can... View More
answered on Jul 18, 2024
Endorse the check on behalf of the company over to yourself as an individual and deposit it in your individual account.
I bought the backpack with my own money last year, and had no knowledge that she would be searching it. She just walked into my room, grabbed it, brought it into her own room, searched it, and shouted that she was going to call the police whenever she discovered that I had about 2 grams of weed in... View More
answered on Jul 16, 2024
Yes. If your mother discovered a bag of weed in your bag and reported that to police, police had grounds to legally search your bag.
The Anders Brief was filed on inmates appeal.
answered on Jul 16, 2024
The inmate would need to object to the failure of the attorney to comply with Rule 38 of the Texas Rules of Appellate Procedure, if applicable, and the the failure of the attorney to comply with the requirements of Anders v. California, if applicable.
Texas
answered on Jul 16, 2024
In most instances, a person accused of a crime is entitled to be released from jail pending trial upon posting reasonable bond and complying with the conditions of the bond. This right is guaranteed by the Texas Constitution.
I was involed in an auto accident in july 2022. My first lawyer was fired for cause in January 2024. The reasons included failing to provide LOPs so i could seek treatmen lack of communication, not being licensed in my state failing to submit PIP funding to my ins after i signed it.
which... View More
answered on Jul 16, 2024
You should inform your current attorney that the accusations being made are false.
Not being licensed to practice law in the state where the lawsuit was filed is very likely good cause to terminate a lawyer's services unless the lawyer was admitted to practice in that court pro hac... View More
JUL 4 - Citation - Small Claims/Debt Claim was posted on front door from Bexar Co Justice Court - "You have been sued." Trying to write the Answer letter to say we do not agree with the lawsuit. If I answer the citation without an attorney, can I later be represented by an attorney if... View More
answered on Jul 16, 2024
As long as the claim is against you as an individual, yes you can hire an attorney later.
Business entities like corporations and LLCs can only appear in court proceedings via a licensed attorney. Even an owner or manager cannot represent a corporation or LLC in a court of law unless that... View More
He hasn't given me his plea version. The plea packet from the Prosecutor was literally lies they wanted me to plead guilty to
answered on Jul 15, 2024
You can reject the plea deal and ask that your case be set for trial or you can reject the plea deal and ask for an open plea. An open plea is where you are not accepting the plea deal offered by the prosecution but want the judge to consider specific facts and circumstances in assessing your... View More
answered on Jul 15, 2024
If the person is a party or receives a subpoena, yes that person legally must testify. It's the same as being subpoenaed to testify in court.
answered on Jul 12, 2024
The LLC can sell the land whenever it wants to. The Company Agreement of the LLC will indicate who has authority to take action like selling its land.
Remember that the land itself is not part of your mother's probate estate. It is owned by the LLC. Company Agreements typically... View More
I was in a 1 vehicle accident and I was a passenger and I’m now waiting on a settlement from the drivers insurance company. I would like to have a lawyer write a settlement demand letter to start the negotiations process. Is that expensive? My mom was also a passenger and she received a lowball... View More
answered on Jul 12, 2024
There are many, many attorneys who represent individuals involved in motor vehicle collisions. Typically, they will accept your case on a contingency fee (1/3 is common) so you do not have to pay anything upfront. They receiver their fee out of the proceeds collected. A strong demand letter from... View More
65 yr old man has open 8” wound at base of skull, due to Lyme disease w/ zero doctors and Johns Hopkins fail to address by not returning calls for follow up appt, life threatening worsening of this over several years and attempts to minimally address pain
answered on Jul 12, 2024
Typically, it is difficult to maintain an action for medical malpractice due to a patient's inability to schedule an appointment. In a true medical emergency, the patient should go to a local emergency room or call 911 for paramedics to assess and transport the patient to a hospital. It is... View More
Asked I was not doing anything else at all is this legal?
answered on Jul 12, 2024
A person is required to identify themselves when requested by a law enforcement officer if that officer reasonably suspects that a crime has been committed, is being committed, or is about to be committed.
The officer is not required to tell you at the time what crime or why he suspects... View More
My family is selling a house owned by 6 siblings. They sold it (or are trying to) to a man who wrote them 6 separate personal checks. They all signed some kind of paperwork (unclear what), but left with no paperwork of their own to prove they sold the house. The checks were for approx 80k each, 10k... View More
answered on Jul 12, 2024
You may have an optimistic view of how quickly state government employees work. It is perfectly possible that the buyer, or escrow agent from the title company, promptly tendered the deed with the necessary recording fee and it hasn't been processed yet.
But it is unwise that the... View More
Sold our moms home and pocketed all the money. Now our mom no longer had a place to live.
answered on Jul 12, 2024
The only way your sister could sell a home that belongs to your mother is with your mom's permission using a power of attorney or if your sister has been appointed by the court as your mother's guardian.
If your sister sold the home with your mom's permission using a power of... View More
answered on Jul 12, 2024
Probably not. Federal court requires more paperwork and time than state court. $10,000 to plea a case in federal court is about right given the likely time and effort that will be required.
Because our Constitution guarantees the right to counsel to indigent defendants, pro bono legal... View More
My husband wants to keep the house and I do not want to be on the loan anymore. He can pay the payments and bills with support of roommates but is asking that I give him a year and a half to refinance. Do I have to hold off on the divorce if I agree to wait because his credit is not where it needs... View More
answered on Jul 12, 2024
You can get divorced and include in your divorce decree a provision that he has a set period of time to refinance or the house will be sold. At the time of refinance or sale, you can specify how much you are to receive. You will want to include an owelty lien and have him sign a deed of trust to... View More
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