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Thursday, March 31, 2016

Workplace bullying

Is this bullying? Can they treat me this way?


Asked 24 minutes ago - Independence, MO
Practice area: Employment

A few weeks ago I had asked my main supervisor if i could move to early week day shift every since I have asked that and my on shift supervisor got wind of it she has been yelling at me for no reason even for talking to my coworkers whom are working right next to me. At this factory I feel like I am being bullied by my supervisor and have honestly not been back since I really do not feel comfortable going back and would rather seek new employment. I got called in a few days ago on a Tuesday I had asked if I could leave early due to the fact I had a conference call with my school supervisor which I missed because I was told" there is no leaving early for anyone", but yet anytime I ask to leave early for something important and get told no moments later someone is leaving early. I have asked to leave early due to my kids school activities or something with my kids and I have been told can't your mother-in-law do it?


Answered It appears that you are being bullied and singled out, the question is, are you being discriminated against or just being bullied. If you are being discriminated against based on being in a protected class(race, age, sex, religion, etc) then you have plenty of remedies including contacting the eeoc or the Missouri human rights commission. If you are not part of a protected class, then you have a lawsuit against your supervisor for intentional infliction of emotional distress. The IIED(intentional infliction of emotional distress) would require a lot more incidents and more severity of actions. In general, there is no protection by law against bullying when you are an adult.

Wednesday, March 30, 2016

License valid in one state but not another?


License showing suspended in one state but valid in my home state?

Asked 7 days ago - Los Angeles, CA
Practice area: Government

License showing suspended in one state but valid in my home state?

Asked 7 days ago - Los Angeles, CA
Practice area: Government
I currently have a license in state A. According to my home state's DMV (state A) my license is valid, but in the state where I received my citation (state B), my license is showing a suspension due to no insurance. The no insurance citation I received was just over two years ago, so am I correct in assuming that if I never drive in the state where I received the citation (state B), that I can drive in my home state or any other state?

ATTORNEY ANSWERS (1)



  1. Answered This could be clerical error in either state. Depending upon if the states have an interstate compact agreement on traffic crimes, the insurance citation could make its way to your home state and have our license removed. I would consider getting your violation taken care of in state b so there is nothing hanging over your head.
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Tuesday, March 29, 2016

Battery: Poking in the chest?


Can she do anything legally

Asked 7 days ago - York, NE
Practice area: Residential Real Estate
My wife lives in Nebraska an her neighbor has physically assaulted her by poking her in the chest. She now comes to her window an rants an raves non stop. The police have been called an say the landlord needs to address this she says they can't get involved to call the police. My wife is disabled an has a heart condition which the stress has sent her regent care already. What can she do is the refusal by the landlord considered reckless endangerment?

ATTORNEY ANSWERS (1)

  1. Answered Your wife has 3 options here, press charges and file a report with the police and ask for a restraining order., sue the neighbor for battery, sue the landlord for allowing a dangerous tenant to reside on his premises putting others in danger. Her best case is the first one, the second one would be hard to show damages, and the third one I would see as a loser case. The pursuit through the criminal justice system would appear to be the best avenue. Having a heart condition makes her sympathetic to the police and if she can demonstrate the neighbor knew this and was poking her chest, she can have him arrested or at least have him avoid her by court order. Her neighbor has committed common law battery by all accounts but the key question is damages, what more has she suffered because of his yelling and unwanted touching. You have not listed any and so I do not see much of a case. The final case involving the landlord would be almost impossible. Neighbors will yell and argue with each other. Did her neighbor act beyond the reasonable bounds of a simple argument? Would a reasonable landlord assume this man is a danger to all around him? From all appearances this would be a week case. It might be best for her to try to move, the landlord might be sympathetic and let her out of her lease.

Monday, March 28, 2016

Employment Contracts


Do i have the right to sue?

Asked about 1 hour ago - Saint Louis, MO
Practice area: Employment
I have been working 50 to 60 hours per week since November 2015 for enterprise rent a car. My boss who is an area manager informed me i have not been eligible for vacation or benefits because they said i declined full time which is not true. But they have kept me at full time hours and still the same hours per week. Do i have the right to sue?

ATTORNEY ANSWERS (1)



  1. Answered You are certainly able to sue. Your best case will be denial of insurance benefits. You are what is generally tagged, "variable hour employee." You have not agreed to do full time but sometime do full time. If your hours of the employers insurance measuring time period are above 31 hours, you qualify for health insurance to be offered. The second part of your case will center around your employment agreement. If in your employment agreement you are to receive these benefits, then you have a contractual suit against your employer. The main thing will be what the language is in the agreement. If those benefits are not listed in your contract you may have a case for a verbal agreement or reliance damages(this however is a weaker case). You can also contact the department of labor to see if they can provide any help. The main thing you need to do is get ahold of your employment contract. Best of luck.

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      All information provided by this site, including summaries and articles on legal topics, is general in nature and provided for informational purposes only. This information is not intended as legal advice, and should not be taken as such. Legal advice involves an attorney’s application of legal knowledge and judgment to specific facts and circumstances presented by a client. Before providing specific advice, a lawyer may need to conduct legal research and/or obtain additional facts. Nonlawyers should therefore not draw conclusions about what may be legally required, permissible, or advisable based solely upon consultation of general sources of legal information, including this and other law firm websites, without first seeking appropriate legal advice.

Saturday, March 26, 2016

Failure to register vehicle effect my license??

Any advice for an upcoming "mitigation hearing" for expired tabs (on an older secondary vehicle)?

Asked 25 minutes ago - Yakima, WA
Practice area: Speeding Ticket
I currently drive a 2007 Nissan Frontier but decided to take out an '84 Toyota Pickup that my grandfather had gifted to me awhile back. This vehicle usually sits parked by the house but a friend of mine and myself have started in on fixing it up. When we took it out for the night there were no issues, it ran pretty decent. The only bad thing was it turns out the tabs were 11 months expired. The following Monday after receiving the (indicated) "traffic" violation I renewed the tabs to cover the next two months and for the hearing that was to come. Additionally, I have two previous tickets in the last 10 years, one for not wearing a seat belt and another for speeding.

**Second note** The citation was marked as a "traffic" violation and was given to me without any review (unless that is standard.) Will this affect my car insurance rates?

Answered Washington state is similar to Missouri in the fact that both use moving and non moving violations. According to WAC 308-104-160-Parking violations, equipment violations or paperwork violations relating to insurance, registration, licensing and inspection are considered "nonmoving violations." This means your case should not affect your insurance. RCW 46.16A.030 states that failure to renew your tags is a traffic infraction. So to the best of my knowledge, pay your ticket and move on.
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  • www.speedingticketkc.com

    https://twitter.com/speedingticketk/ 

    https://www.facebook.com/SpeedingticketKansascity 

    https://plus.google.com/+Speedingticketkc/
    All information provided by this site, including summaries and articles on legal topics, is general in nature and provided for informational purposes only. This information is not intended as legal advice, and should not be taken as such. Legal advice involves an attorney’s application of legal knowledge and judgment to specific facts and circumstances presented by a client. Before providing specific advice, a lawyer may need to conduct legal research and/or obtain additional facts. Nonlawyers should therefore not draw conclusions about what may be legally required, permissible, or advisable based solely upon consultation of general sources of legal information, including this and other law firm websites, without first seeking appropriate legal advice.