Montana Q&A by Practice Area

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1 Answer | Asked in Employment Law for Montana on
Q: My employer mandated me at 50 hours per week. My check does not reflect my actual hours, it says a flat 40 a week, lega?

I am mandated at 50 hours per week. I often work over than, sometimes 90 a week depending on staff. My paycheck says I only work 40 hours per week, is this legal for them to do, if not what law states so?

Carrie Dyer
Carrie Dyer answered on Jan 14, 2020

The Fair Labor Standards Act requires that employers typically pay their employees no less than minimum wage for all hours worked, and time and one-half their regular rate of pay for all hours worked per week in excess of 40. Unless you are subject to an exemption, if you are paid on an hourly... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Montana on
Q: I feel like I was targeted and demoted in an effort to force resignation. Is there anything I can do?

I was promoted in june. Since then I haven't received 50% or more because of poor food cost or because of poor inspections. I feel like this was the first effort to Target me. I was a diligent employee for 13 years never missing a shift and working extra whenever needed. The problem is the would... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Dec 19, 2019

Unfortunately, no. You live in an at-will employment state, meaning you can be terminated from your position for any reason or no reason at all, without warning. The only exception to this general rule is if you feel you are being targeted for termination for an unlawful reason based on a protected... Read more »

1 Answer | Asked in Tax Law for Montana on
Q: This is going to be a real run on sentence but what if husband and wife are married filing jointly and the husband...

left his wife with a lot of tax debt that he lied to his wife about by saying he had paid it all off already, like 20 years ago, but really he just kept filing offer and compromise and bankruptcy but never went through with it anytime he did it and so the statute of limitations just kept pausing... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Dec 11, 2019

If you tried innocent spouse and do not have any appeals rights then the only thing that you can do is set up a collection alternative with the IRS. You need the assistance of a good tax lawyer. Most of us offer a free consultation and after speaking with you can offer you advice based on your... Read more »

1 Answer | Asked in Estate Planning for Montana on
Q: Co-trustee and POA. I'm being asked by co-trustee to sign a contract outlining mom's care to get paid as caregiver.

My stepbrother and I are named as co-trustees and POAs over our parents. Dad passed. Mom has dementia. I am staying with her in Montana and caring for all her needs, paying her bills, arranging for assisted living in Bend, OR.

The Wills and Trusts state that one can be paid to take care of... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 17, 2019

A caregiver contract makes perfect sense in your situation. It also helps document that those payments are not gifts in case you ever need to apply for Medicaid for her. Otherwise they would be presumed to be gifts. Medicaid applicants are penalized for all gifts made within five years prior to... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Federal Crimes for Montana on
Q: Convicted felon rights

Can a convicted federal felon for a drug offense gain custody over a law abiding citizen

Gary Kollin
Gary Kollin answered on Nov 5, 2019

our question does not make sense

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Montana on
Q: if our parents died without a will, would the court order that their land be sold, or could my siblings and I decide

ourselves how to divide it?

Nina Whitehurst
Nina Whitehurst answered on Oct 30, 2019

It depends somewhat on whether the property must be sold to pay debts and the expenses of probate.

1 Answer | Asked in Tax Law for Montana on
Q: Can I use 15 y/o tax transcripts to tell exactly when the 10 year statute of limitations expire for each year?

Even though my tax debt is older than 10 years the statute of limitations was paused by the IRS for unknown reasons.

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 28, 2019

You'd have to review all transcript over the entirety of the period for which the amounts were owed to pull out the transaction codes to see where and why the CSED was paused.

1 Answer | Asked in Tax Law for Montana on
Q: Does requesting tax transcripts pause the 10 year statute of limitations that the I.R.S. has to collect?

I know that trying an offer and compromise and innocent spouse pauses the 10 year statute of limitations. However, what are all of the things that are going to pause the 10 year statute of limitations? Thank you.

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 27, 2019

Requesting transcripts does not pause the collection statute expiration Date (CSED).

For more information I would look at the Internal Revenue Manual 5.1.19

https://www.irs.gov/irm/part5/irm_05-001-019

1 Answer | Asked in Contracts for Montana on
Q: Signing a contract as a company rather than a person

Our company is attempting to obtain services of a temporary employment agency. The bottom of the credit application states that the signer agrees that they are liable to pay and that any negative recourse follows the signer. We have no issue paying for the service, but we would prefer to sign as... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 24, 2019

You can do whatever you want to do; however, the lender you are working with does not have to loan money to a corporation.

1 Answer | Asked in Patents (Intellectual Property) for Montana on
Q: P#8428453 Most of the claims reflect that of a basic camera app. If I created a picture taking app could Snapchat sue me

Regrading Patent #8428453, it looks like Snapchat has a patent on a simple camera app. The only unique claim I see with this patent is the recording of a video or taking a photo based on the haptic contact time. If I created a camera app that excluded haptic contact time and had a separate button... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Aug 20, 2019

Sorry, but you are going to have to hire a patent attorney who specializes in computer science to really be able to answer this question.

1 Answer | Asked in Probate for Montana on
Q: willing to pay when we win theres a bonus included who has no mercy Not about the money IT WILL NICE. NO FREE ATTORNEY.
Nina Whitehurst
Nina Whitehurst answered on Aug 16, 2019

It is rare for an attorney to take on a matter on a contingent fee basis outside of personal injury and class action cases.

1 Answer | Asked in Probate for Montana on
Q: Have either left a message via voicemail/email havent heard back from any attorney, afraid I could loose a great of mone
Nina Whitehurst
Nina Whitehurst answered on Aug 15, 2019

Keep trying until you find an attorney. Remember, however, that attorneys in private practice do not work for free. If you offer to pay a normal consultation fee, and normal hourly rates after that, you might meet with more success. Same as hiring an electrician. If you are poor, you might... Read more »

2 Answers | Asked in Criminal Law, Family Law and Arbitration / Mediation Law for Montana on
Q: I am trying to find a lawyer no one is responding What can I do to get someone on board
Gary Kollin
Gary Kollin answered on Aug 15, 2019

How are trying to contact one?

Through s posting here?

You need to contact attorneys directly and individually

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1 Answer | Asked in Criminal Law for Montana on
Q: Is it best to get a lawyer in the state or out of the state when it comes to post conviction?

It's a case against the state and my friend heard that some lawyers in state don't do post convictions when it comes to a case against the state?

Gary Kollin
Gary Kollin answered on Jul 31, 2019

It is mot against the State. It is the same as fighting a criminal case

1 Answer | Asked in Insurance Defense for Montana on
Q: i got accident slid into road no insurance me the insurance co is saying they want 15719.00 absurd im disputeing what

i don't know how to handel it the girl never slowed at all my car was totaled and we were both fine she was able to drive her car

Tim Akpinar
Tim Akpinar answered on Jul 13, 2019

If the other side is coming after you for $15,719.00 and you are uncertain about how to handle it, you could consult with an attorney in Montana to review the facts of the accident, police report, property damage appraisals, and other details. From the brief facts, it isn't fully clear what... Read more »

1 Answer | Asked in Consumer Law and Personal Injury for Montana on
Q: What do I do if I suffered due to a cut in my mouth and lost a tooth because of a bread tie in a burger bought at sonic?

Do I have any rights due to negligent of a worker from sonic leaving a bread tie in a burger that was purchased at sonic. I had a hard time eating even baby food for almost 2 weeks ( had to take sips just to drink water )due to the cut on the roof of my mouth and lost a tooth and have seen my... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 22, 2019

As a starting point, you could contact an injury attorney in Montana to review and evaluate the details of the accident and your injuries. In these types of cases, recent dental history could become relevant. If the attorney you contact feels there is a viable case to move forward with, it would be... Read more »

1 Answer | Asked in Elder Law for Montana on
Q: Can I just go to the nursing home and get my Brother
Kelli Y Allen
Kelli Y Allen answered on Jan 13, 2019

This depends on many circumstances. Is your Brother competent? If not, does he have a healthcare agent or guardian?

1 Answer | Asked in Intellectual Property for Montana on
Q: I have a more detailed question in regards to legalities to copyrighted photo use.

I'm involved with a company that has a large community of 41,000 members on a social site. The original founder Janet has passed away recently, and someone named Melissa who is involved with a person named Dave who would take photographs specifically for the social page has threatened to sue us if... Read more »

Griffin Klema
Griffin Klema answered on Dec 26, 2018

This is a difficult situation. The start of the analysis is that the original photographer owns the copyright unless transferred by agreement to someone else. Based on the facts you provide, there might be an implied contract between the photographer and the group, either by the conduct of the... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Construction Law for Montana on
Q: May congress pass a law that requires a person to pay a fine because congress believes they're guilty with no evidence?
Gary Kollin
Gary Kollin answered on Nov 14, 2018

No. The constitution prohibits bills of attainder..

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.

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