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Questions Answered by John Michael Frick
1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: I was granted permission to sue my employer in December 2023 and they have been retailing sense. What can I do?

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

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Employment Law for Texas on
Q: If my boss broke our salary contract, does that free me from paying her back for any training? She pays me 1/2

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

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Personal Injury, Workers' Compensation and Employment Law for Texas on
Q: I was injured at work by the skid steer operate with a faulty lever that was not fixed by the employer.

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

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: My spouse filed an answer and majority of their answer they lied and also had a child during our marriage.

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.

John Michael Frick
John Michael Frick
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.

3 Answers | Asked in Banking, Business Formation, Business Law and Gov & Administrative Law for Texas on
Q: How do I deposit a refund check from insurance company for a LTD that has been dissolved.

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

John Michael Frick
John Michael Frick
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.

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2 Answers | Asked in Civil Rights and Criminal Law for Oregon on
Q: Can I be charged for anything inside of my backpack if it was searched by my mom and given to the police?

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

John Michael Frick
John Michael Frick
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.

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1 Answer | Asked in Criminal Law for Texas on
Q: On what basis can an inmate object to a motion to withdraw from the attorney after an anders brief was file

The Anders Brief was filed on inmates appeal.

John Michael Frick
John Michael Frick
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.

1 Answer | Asked in Criminal Law for Texas on
Q: Why was a person who was released from prison after serving 2 years, Denied parole. Arrested for robbery, remain free?

Texas

John Michael Frick
John Michael Frick
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.

1 Answer | Asked in Personal Injury, Civil Litigation, Libel & Slander and Legal Malpractice for Texas on
Q: What can I do about my former/fired attorney sending a letter claiming false accusations about me to current attorney?

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

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Small Claims for Texas on
Q: FYI - JUL 18 DEADLINE -Answer debt claim Citation. If we answer w/o lawyer by JUL 18, can we be rep by attorney later

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

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Criminal Law for Arizona on
Q: How do I get heard in my case? There are important mitigating circumstances but my attorney isn't hearing me. Human smug

He hasn't given me his plea version. The plea packet from the Prosecutor was literally lies they wanted me to plead guilty to

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Employment Discrimination and Civil Litigation for Texas on
Q: If a person is deposed, does he/she legally have testify in a deposition?
John Michael Frick
John Michael Frick
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.

1 Answer | Asked in Estate Planning and Probate for West Virginia on
Q: My mother owned 45% of stock in an llc. Her estate is in probate. Can part of land of llc be sold without a vote?
John Michael Frick
John Michael Frick
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...
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4 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Is it possible hire a lawyer to write a settlement demand letter to an insurance company for an accident I was in?

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

John Michael Frick
John Michael Frick
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

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2 Answers | Asked in Elder Law, Health Care Law, Medical Malpractice and Personal Injury for Maryland on
Q: If hospital and doctors fail to treat life threatening wounds, or address pain, is this elder neglect??

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

John Michael Frick
John Michael Frick
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

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2 Answers | Asked in Criminal Law for Florida on
Q: I was a passenger in a valid traffic stop in Florida and was arrested for obstruction I refused to say my name when as

Asked I was not doing anything else at all is this legal?

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Real Estate Law, Banking and Business Law for Massachusetts on
Q: What are the problems with a house sold in Massachusetts that has not been recorded with registry of deeds?

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

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Elder Law for Texas on
Q: My sister sold our 87 year old moms home and left her with me because My mom no longer had a home

Sold our moms home and pocketed all the money. Now our mom no longer had a place to live.

John Michael Frick
John Michael Frick
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...
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2 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: Are there any federal lawyers that are under 10,000 dollars?? Or pro bono federal lawyers that aren't court appointed?
John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Divorce, Real Estate Law and Family Law for Texas on
Q: We have both agreed to divorcing. Only tie to each other, other than marriage, is our mortgage that we are both on.

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

John Michael Frick
John Michael Frick
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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