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You guys helped me out before big time so I'm hoping you guys can help out a friend of mine. My friend was recently fired from our job because he called in sick after getting in a car crash. Of course this sounds like "whats the rest of the story" but apparently they told him that he was "undependable the past 2 weeks and left the kitchen a mess, but never said anything to me about those things until after I called in about me not going in." Some people have told him that he should call up a lawyer, but he doesn't know what to do. Personally, knowing the people we work for, it seems to me that they are capable of lieing just to fire someone, especially for something like this. So I was just wondering if some of you Legal Goons think he should peruse asking someone about this or if it would be worthless to do.
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Jun 21, 2011 23:13
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Methodis posted:My friend was recently fired from our job
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Jun 21, 2011 23:18
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Crap my bad, I accidentally deleted it out of the post along with answers to the 5 questions. It's New Hampshire.
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Jun 21, 2011 23:21
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They don't have to lie about anything to fire him legally. He didn't show up for a shift, and accident or not, they can fire him. Or, they could've fired him for no reason at all.
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Jun 21, 2011 23:24
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Hmm ok that's what I feared for him. I'm guessing if he had to stay in the hospital it would've been a different story but since they let him go there's really no way around it.
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Jun 21, 2011 23:27
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Methodis posted:Hmm ok that's what I feared for him. I'm guessing if he had to stay in the hospital it would've been a different story but since they let him go there's really no way around it. It most likely wouldn't have been any different.
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Jun 21, 2011 23:38
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Methodis posted:Hmm ok that's what I feared for him. I'm guessing if he had to stay in the hospital it would've been a different story but since they let him go there's really no way around it. Possibly, but in most cases, not. http://en.wikipedia.org/wiki/At-will_employment
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Jun 21, 2011 23:51
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In theory, you can't be fired for taking legitimate medical leave even in an at-will state. In practice, proving why you were actually fired is easier said than done.
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Jun 21, 2011 23:59
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Alright, thank you all. Will pass on the words to him.
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Jun 22, 2011 00:05
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I work in California in the food industry. I work from 9-5:30 and am expected to take (1) 30 minute meal period as well as (2) ten minute breaks. I know California law stipulates that after 5 consecutive hours of work you are entitled to a duty free meal break. http://www.dir.ca.gov/dlse/faq_mealperiods.htm My boss wants me to take my 30 minute meal period after I've only been at work for 30 minutes (at 9:30am). At which point I would be expected to work until 5:30pm (a total of 7 1/2 hours) with only my (2) ten minute breaks. Clearly, this seems unreasonable. Is it legal, though? After doing some reading I found that the 10 minute breaks are supposed to be taken as close to the middle of each 4 hours as possible, but It doesn't go into any detail about when it's appropriate to schedule the 30 minute break. In order to be in compliance with the law, if I take my break at 9:30, does my employer have to give me another 30 minute meal break at 3:00pm (after 5 hours of work)?
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Jun 22, 2011 02:46
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Thuryl posted:In theory, you can't be fired for taking legitimate medical leave even in an at-will state. In practice, proving why you were actually fired is easier said than done. If you live in an at-will state, do they have to write a reason on the pink slip? Do they have to stand by that if someone tries to sue for wrongful termination?
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Jun 22, 2011 03:03
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Sacramento, California renter, and I need advice: I really like my 2br/1ba house I share with one roommate (Judy), and I'd like to stay. Judy is going to move to Chico to be with her boyfriend, but is very flaky about when this is supposed to happen. Originally she wanted to move out this month, now she wants to move out in September. This is not okay with our landlord, who wants at least a six month lease. I want to stay in the house and find a new roommate. Our lease ends in June. Our landlord informed me that she's going to give us 30 days notice for the month of July. Landlord also said she's open to having me take over the entire lease, subletting to Judy for three months, and then have me find a new tenant/be totally responsible for the rest of the lease. Judy heard this and decided it was the new plan, but it doesn't work for me. I'd rather just find a new roommate who wants to stay for at least six months, or move. Whats my best course of action here?
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Jun 22, 2011 03:22
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I'm not sure if this is the right place to ask this - it seems a big enough deal to me to warrant it's own thread, but perhaps class action law suits are pretty normal-schmormal around here that it ain't. On 9/9/09 my daughter was born. She was born with Down Syndrome and the past couple years have been full of doctors visits and hospital stays and operations, and now we're just about done with everything (everything major, anyhow). My wife was on Zoloft and when she found out she was just over a month pregnant she quit outright. Here's why I'm here - we have just heard about this big ol' class action lawsuit against Zoloft because someone somewhere has said that it can cause a large number of birth defects that my daughter demonstrates (/ demonstrated). Easy money, right? Well, I don't know. First off - how the hell do class action suits even work? How would I participate in this? How do I get my  ? I've tried to do some research (read as: I googled) and I've read something that says that members of the lawsuit, if they get their own lawyer, can be named members of the suit and get fame and wealth while getting their specially designated bits of justice. However, things are also tricky because I'm not sure if we'll even qualify. The claims against Zoloft say it causes lots of things (heart defects, abdominal problems, persistent pulmonary hypertension are some) and my daughter has been diagnosed and treated for an A/V canal defect (had heart surgery) and Hirschsprung's (had booty surgery) and has had pulmonary hypertension her whole life. When we learned about these conditions of hers, though, we were told that these things were fairly common to Down Syndrome. So would the fact that she has Downs disqualify us from this lawsuit because the drug company can simply say "it's not our fault, she has Downs. That's a Downs Syndrome thing."? I understand that a lawyer would be the one to make the call of whether or not he'll take the case, but I didn't know if someone here might have the knowledge to tell me to not even bother or to proceed to talk to a lawyer.I'm hesitant to fill out some online form or call some lawyer from TV and get manipulated and screwed over so someone can make some money off my daughter's hardships (well, except us). I'm mostly just wondering what are things to look out for? How would I proceed? Should I just contact a local lawyer? (I'm in WA. and I'm military, if that can work for me somehow) Should I call Ronny Deutsch and go ahead and throw my case in with her constant pitch for fibromyalgia cases? The summary: Zoloft is getting sued for birth defects that my daughter has. My daughter's birth defects were always explained away as being attributed to her having Down syndrome. Should I sue the hell out of them?
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Jun 22, 2011 04:05
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Rhatas, while I can't answer your question specifically, I seem to recall from the millions of briefings I got as a private that as a member of the military you could obtain free legal advice or consultations by asking to speak with a member of your posts legal department. I mostly remember them handling wills, divorces and courtmartials but I think there might be someone there would at least point you in the right direction.
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Jun 22, 2011 04:38
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DJ Sizzle posted:I don't know if this is the right place for this, but I have a question about digital media. Not a lawyer, I would contact the ASCAP for help with the matter.
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Jun 22, 2011 06:01
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Angry Hippo posted:In order to be in compliance with the law, if I take my break at 9:30, does my employer have to give me another 30 minute meal break at 3:00pm (after 5 hours of work)? I'm not a lawyer, just a dude who has worked in California like you do. Since I worked for a national retail chain, they made drat sure everything was done properly. That is one of those things they were always warning us about - every 5-hour period requires a 30 minute break, so on an 8-hour shift you have about a 2-hour window in the middle of the day in which you can take the break (we generally got to choose when). Too early, and they're forced to give you another one (more often they'd tell you to clock out early before the second 5-hour mark). Too late, and they Edit: Here's some info. Note that if they don't give you the break on time, they have to give you an extra hour's wages for that day. Maybe it's worth it to you to listen to the boss and skip lunches after all. Just keep a detailed time sheet. Choadmaster fucked around with this message at 11:26 on Jun 23, 2011 |
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Jun 22, 2011 07:11
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Foma posted:Not a lawyer, I would contact the ASCAP for help with the matter. These people? This is what came up in google along with a lot of other music related websites. "Angry Hippo posted:Rhatas, while I can't answer your question specifically, I seem to recall from the millions of briefings I got as a private that as a member of the military you could obtain free legal advice or consultations by asking to speak with a member of your posts legal department. Yeah, I'll give them a call and set up an appointment - that's a good idea. I was just wondering if anyone here has had any experience with anything like this.
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Jun 22, 2011 15:09
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Rahtas posted:The summary: Zoloft is getting sued for birth defects that my daughter has. My daughter's birth defects were always explained away as being attributed to her having Down syndrome. Should I sue the hell out of them? Well, you actually have a couple of questions here: First, if there is a class action against Zoloft, should you join it? Without knowing the details of what is wrong with the drug, how it causes birth defects and whether the drug caused your daughter's condition, my general reaction is: NO. Class actions are fine for remedying small wrongs against large groups of people who otherwise wouldn't bother suing. The result is often a huge payday for the lawyers, a small payday for the representative plaintiffs and a pittance for most of the class members. In your case, if there IS something wrong with Zoloft that could have caused your daughter's problems, then you potentially have some very large damages that a class action isn't going to net you when all is said and done. You should really talk to a lawyer who specializes in cases involving injuries by drugs and medical devices. IF you have a case, it's going to be more complex than most personal injury lawyers can handle. It's going to require some expensive experts and the drug companies are not known for rolling over on these types of cases. If there is a class action pending that might affect your case talk to your lawyer about it and whether you should opt out.
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Jun 22, 2011 15:57
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Saucy Socks posted:I'd rather just find a new roommate who wants to stay for at least six months, or move. Whats my best course of action here? You're not asking a legal question at all. Craigslist? Network with friends? How else do people normally find new roommates or places to live?
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Jun 22, 2011 16:51
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Choadmaster posted:Yes. I think you may be wrong. I won't try to interpret the decision in this case since I'm not a lawyer but this says it made stuff like "early breaking" legal. http://www.vtzlawblog.com/tags/brinker-v-hohnbaum/ I always find it amazing how low employers will stoop for a buck.
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Jun 22, 2011 18:19
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ChubbyEmoBabe posted:I think you may be wrong. I won't try to interpret the decision in this case since I'm not a lawyer but this says it made stuff like "early breaking" legal. Hmm, my last hourly job was before 2008, so I hadn't heard of that ruling! That's a bitch. Looks like it's waiting on the California Supreme Court now; hopefully they interpret it such that having one meal break at the very beginning of a shift isn't sufficient. That kind of defeats the purpose of a meal break, after all.
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Jun 22, 2011 20:19
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So I got married in Collin County, Texas during May of 2008 while on leave from Afghanistan, I was medically retired due to injuries sustained in combat in February 2010 and our son was born in May 2010. We stayed in Denton County, Texas until November 2010 when we split and she moved with my son to California. I stayed in Collin County until this Monday when I came down to Travis County. We have no assets to speak of (house, car, debt etc.) and as of right now can amicably agree on custody, child support and visitation. I have heard that if she files in California I would lose half of everything I make in the future, along with anything a future spouse makes. Is there anything I can do to still file in Collin County, I'm not a resident here yet so does that mean I'm still a resident in Collin? This is worrisome to say the least.
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Jun 22, 2011 20:39
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trampletheweak posted:So I got married in Collin County, Texas during May of 2008 while on leave from Afghanistan, I was medically retired due to injuries sustained in combat in February 2010 and our son was born in May 2010. We stayed in Denton County, Texas until November 2010 when we split and she moved with my son to California. I stayed in Collin County until this Monday when I came down to Travis County. We have no assets to speak of (house, car, debt etc.) and as of right now can amicably agree on custody, child support and visitation. I have heard that if she files in California I would lose half of everything I make in the future, along with anything a future spouse makes. Is there anything I can do to still file in Collin County, I'm not a resident here yet so does that mean I'm still a resident in Collin? This is worrisome to say the least. Go down to the court and file right now if you want to keep your divorce in Travis County. I don't know how Texas works, but in my state the only qualification you need for filing a divorce is being physically present right now with an intent to remain. There is no prior time limit necessary for jurisdiction over the divorce. So you would be able to file in Travis County if you applied my state's law. Child custody is different. Again, I have no idea how Texas/California works, but in my state the child needs to have primarily resided in the state for 6 months (less for newborns obviously). Therefore, if you applied my state's law, it sounds like Texas may have jurisdiction over your child.
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Jun 22, 2011 20:44
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BigHead posted:Go down to the court and file right now if you want to keep your divorce in Travis County. Here I have to be a resident in Travis County for 90 days in order to file. After calling lawyers all day that's the only thing I've found out.
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Jun 22, 2011 20:53
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trampletheweak posted:Here I have to be a resident in Travis County for 90 days in order to file. After calling lawyers all day that's the only thing I've found out. That sucks. You may need to file in Collins then, if you want to keep the divorce in Texas.
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Jun 22, 2011 21:18
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BigHead posted:That sucks. You may need to file in Collins then, if you want to keep the divorce in Texas. Yea that's what I'm thinking. It's this 50% of everything I could make in the future she would take that's disturbing and also what my spouse would make. That could be a very very large sum of money if it's who I'm seeing now. It seems so gently caressed that it can't be true.
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Jun 22, 2011 21:27
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trampletheweak posted:Yea that's what I'm thinking. It's this 50% of everything I could make in the future she would take that's disturbing and also what my spouse would make. That could be a very very large sum of money if it's who I'm seeing now. It seems so gently caressed that it can't be true. You can say "hosed up", dude.
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Jun 23, 2011 03:04
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trampletheweak posted:Yea that's what I'm thinking. It's this 50% of everything I could make in the future she would take that's disturbing and also what my spouse would make. That could be a very very large sum of money if it's who I'm seeing now. It seems so gently caressed that it can't be true. This isn't how community property works. This isn't how asset splits work.
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Jun 23, 2011 03:09
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Hello lawgoons! I'm in a kind of legal pickle and could use some advice. When I was 14, I went to see this lovely dentist (think Dentalville and its ilk), who claimed I had 23 cavities and needed to spend all my parents' insurance money RIGHT NOW to fix my decaying maw. Now I'm 19 and have my own thing going, I go to a real, good dentist, and have learned that acquiring 23 cavities in a year is an impossibility. The new dentist and I have concluded that the old one drilled holes in my teeth to bleed money from my parents. Since the old dentist flat out refused to give my dental records to my mom, I decided I would go to his office as a Legal Adult and demand my records. Surprise, his office has been shut down by the Las Vegas Courts. How do I get my medical records now? I'd like to eventually press charges against this guy because I have exorbitant medical fees from having to replace his lovely fillings, but I can't prove he's a fraud unless I get my documents.
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Jun 23, 2011 06:01
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Lieutenant Dan posted:Hello lawgoons! I'm in a kind of legal pickle and could use some advice. I'm not barred in Nevada, but a lot of people in your situation might file the lawsuit now, and use the 'discovery' process of the lawsuit to demand the medical records that they won't turn over. Edit: for more clarification, I'd recommend seeing a Nevada personal injury or med malpractice attorney, and explaining the situation, because it sounds like the clock is running rather quickly on potential claims you may have.
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Jun 23, 2011 07:04
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Choadmaster posted:Yes. This isn't true, or doesn't appear to be after a brief search for case law. See Brinker v. The Superior Court of San Diego, which reads in part quote:(3) employers are not required to provide a meal period for every five consecutive hours worked; Employers are required to provide a 30 minute lunch break if you work a shift over five hours (and two if you work over 10), but there is no requirement that you get one every five hours worked consecutively. However, the case is currently pending in the California Supreme Court, so who knows what's going to happen. John McCain fucked around with this message at 08:37 on Jun 23, 2011 |
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Jun 23, 2011 08:33
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NancyPants posted:If you live in an at-will state, do they have to write a reason on the pink slip? Do they have to stand by that if someone tries to sue for wrongful termination? It may be jurisdiction dependent, but generally no to both.
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Jun 23, 2011 08:54
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So I think I just got busted for trespassing in IA. I'd gone to a state park to have a bonfire (not knowing it was actually a state park, it was just "that place in the woods with the fire pit") and had left my wallet in my car, came back and the license was missing after I got told to run, cause there were sherrifs. (I wanted to just stay and own up to it, but the guys I was with pretty much dragged me along) Already called the cops and said I'd be in in the morning to clear it all up, I'm just going to get a trespassing ticket, right? I'm supposed to move on monday, if I go in, explain it to them, and be willing to work with them with whatever, they're likely to work with me so I can still move, right? I just don't want to move and wind up with a warrant for like, failure to pay or something.
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Jun 26, 2011 11:42
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You should have stayed. It is really hard to be trespassing on unsigned property without being asked to leave. Like impossible in most states. Now you'll get trespass (flee=guilty knowledge) and maybe some sort of resist/delay or fleeing charge. Tell your friends they're loving dumbasses.
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Jun 26, 2011 23:17
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My Dad had an uninsured heart attack recently. Because he's low income, the hospital offered a settlement of 24k (the medicare rate), but if he doesn't pay by July 1, they're threatening to charge the full 124k (their "standard" rate). I think they qualify for the medicare rate no matter what, as in California, the California Health and Safety Code applies: http://www.oshpd.ca.gov/hid/products/hospitals/fairpricing/HSC127400_CharityCarePoliciesSB350.pdf quote:(d) A hospital shall limit expected payment for services it provides to a patient And yet, the hospital is insisting that they need $10k down on July 1st and $450/month until until $24k is paid, or they'll have to pay the $124k in full. Furthermore, the hospital is apparently required by law to notify my parents of all laws protecting them, but haven't: quote:127410. (a) Each hospital shall provide patients with a written notice that shall So my parents are bad at this stuff, and have left 5 days to figure this out. What's our next step? s0meb0dy0 fucked around with this message at 00:23 on Jun 27, 2011 |
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Jun 26, 2011 23:53
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nm posted:You should have stayed. There was underage drinking involved on their part too, so I understand, but still, that's like, a ticket and forcing them through alcohol abuse classes. I got popped for being in a state park after dark, it's an $80 ticket.
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Jun 27, 2011 05:59
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I'm working an uncontracted job abroad in the Republic of Cyprus. (yes I know this is a long shot) Two days ago, I wrote the consulate in Cyprus an e-mail, and received a reply stating that because this is a personal matter, I should consult a lawyer because the consulate cannot get involved. Here is the e-mail I sent. Would a lawyer be able to help in the worst-case scenario?quote:Hello,
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Jun 27, 2011 07:25
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Bellabel posted:I'm working an uncontracted job abroad in the Republic of Cyprus. (yes I know this is a long shot) Two days ago, I wrote the consulate in Cyprus an e-mail, and received a reply stating that because this is a personal matter, I should consult a lawyer because the consulate cannot get involved. Here is the e-mail I sent. Would a lawyer be able to help in the worst-case scenario? You're a 21 year old who made a mistake. Bright side: you're living in Cyprus, which any 21 year old would love to do. Even if you don't see a nickle, you're still getting out ahead. Unless you owe debts to the Cyprus mob and you need money (in which case get your rich American parents to help you). Take your month of slave labor as a lesson to write poo poo down, especially employment contracts. Turning to your legal argument, I haven't a clue how Cyprus works. But in America, doing substantial amounts of work is usually prima facie evidence of the existence of a contract, even an oral one. You wouldn't have done the work without a contract right? The details of the contract are usually unprovable without some evidence, but if you were in America you would get paid something for the work you've done.
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Jun 27, 2011 18:37
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I'm starting to get a funny feeling about my older brother who is handling my Father's probate. My dad didn't leave a will, but left a complicated estate and three sons from three mothers. The estate is taking forever, over a year now, to get settled and my brother is less than forthcoming about it. We've met, literally, three times ever. Only two of those being this century. Would speaking with a lawyer, I guess an estate one, be useful in my case? I don't necessarily want to take any action but want to be assured that everything is being followed up and filed correctly and my brother isn't trying anything shady. I'm not really sure what I'm asking I just know that I'm trusting a complete stranger to be on the up and up. I'm in Texas and we signed a probate agreement that dictates a three way split. Can I request copies of that in any official manner? Mine was lost in a move.
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Jun 27, 2011 21:21
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I live in California and I want to sue the hell outta my neighbor. This rear end in a top hat got drunk and high on heroin at 10 am earlier this week, and decided to take his girlfriend's car for a spin. He threw it into reverse, punched the gas, and drove backwards down the street until he hit my car. Then he kept going, ramming my car through my garage door and doing significant damage to the building. He managed to destroy two garage doors (mine and my upstairs neighbor's), and the dividing wall between our garages, not to mention all the stuff he destroyed IN the garage (tv, computers, furniture, etc). My car is completely totaled, and I have no idea how he managed to crush my car up so badly. He was arrested for failing a sobriety test (breathalyzer and blood test), violating his probation, driving without a license, and probably some other stuff. I haven't seen him since the accident, so I'm pretty sure he's still in jail. Tomorrow it will be a week since this happened, and my car is STILL stuck in the side of the building. His insurance is dragging their feet, not getting ANYTHING done, and they're trying to give me a check for a little over $1000 like that's going to make it all better. That car is my only transportation. There is literally no public transportation in my area of town and I've had to rely on friends to give me rides to work. His insurance company straight up told me they would not be reimbursing me for a rental car. I've been late to work every day since the accident because my friends are unreliable, when before I had been late only once in the two years I've worked there. It's a fairly old car (93 Chrysler LeBaron convertible) with high mileage, so the blue book resell price is low. However, the car ran perfectly for years before last week and had a lot of work done on it before I owned it. I feel like I'm getting hosed over because speaking from experience, there's no way in hell you can get a car that runs for only $1000. This whole situation is so incredibly stressful and I really feel like I'm being hosed over. Every day, I've got strangers standing out in my front yard pointing and taking pictures. It's getting to be embarrassing when people come up to me and insinuate that I am terrible at parking, when I had absolutely nothing to do with the accident. http://ventura.edhat.com/site/tidbit.cfm?nid=58939 That's a flattering shot of the wreck. The entire rear end is smashed, along with the passengers side which is the side that's stuck in the wall. I've got other pictures showing all angles of the damage, and I'm sure there's some floating around on the internet by now with PARKING FAIL written all over them. ugh. So my question is, can I sue for something like this? To be honest, all I really want is a rental car until I get a replacement car that runs as well as the one that got totaled. I don't care about the damage to the building, because I rent and it's not my problem.
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Jun 27, 2011 21:23
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