By: LINDSEY O’NEILL, ESQ.
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Hello,
I gave resignation to my employer on 13th october and stated that Nov 12th is my last date. Since I’ve 8 days of vacation that I can use and wanted to use those before I leave. Thus I decided that I’ll take 8 days off from Nov 3rd till Nov12th which makes October 31st as my last working day. HR says that they can’t give me any vacation as I’ve resigned. I want to know if legally they are right or wrong ? If I still leave the current employer on 31st october, can they really stop me. Just to let you know that I’ve a 1 year contact which ends on Nov 12th. based on the contract, I may have to pay my current employer some money for relocation if I leave early.
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Lindsey Reply:
October 21st, 2008 at 12:04 pm
This is a very common issue in employment matters. State laws vary. I do suggest you contact an attorney to determine what rights you have, given your employment contract, the employer’s vacation policy, and the terms of your resignation. In some states, you can get “cashed out” for unused vaction time. Check out LawInfo’s Free Legal Resource Center for more information at http://www.resources.lawinfo.com. Good luck!
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in Nov of 07 I HAD AN ASTHMA ATTACK AT NY NIECES HOME I WAS TAKEN BY AMBULANCE TO REGIONAL HOSPITAL IN SAN JOSE, CA .
i was in-abated, for a few days in ICU. I was sent to a room after a few days I was doing well, I was as singed to a respiratory therapy,after a few days I was sent back to ICU for a tube to be placed into my (r) lung, i was woken up by the smell of VAINER I was on a dialysis machine . i had asked what was that machine? the nurse said that my kidneys had failed, I was in shock! My son was phoned that evening and the Dr indicated that I may not make it threw the night, when he arrived and spoke to Dr Folk, he questioned what went wrong? he thought that i was doing better. the Dr’s reply was he had cut my artery in error. my son was stunned, i was pretty week couldn’t move my arms hold my head up just was a complete mess. i was given 3 pints of blood and heparin etc, However when they catheterized the wound they left metal suitors in my wound , and the cauterized area became blackened like burnt toast, it was bizarre. i then counteracted (staff infection) i had a fever of 104 and was placed in a room. My respiratory therapist that was on duty ask me what happened I was getting better, she thought i had been released, or moved, when i told her about the cut artery, she to was in shock at my condition and really took extra care of me. checked on me before she went home. the 2nd night i was in my room I became very Ill i had a fever of 104 and asked the nurse for some kind of medication i was in pain and so much discomfort I called the floor nurse and asked for medication I had even asked for a Tylenol for my fever because i was burning up, I was miserable she said that she would check with the Dr on duty, every hour on the hour i was calling her she would make every excuse, I had even tried to call 911 from my telephone and couldn’t . I had stopped a nurse that was passing by the hall she entered the room placed a mask over her nose & mouth held up my head and called for the nurse to hurry up and come.i was told that my medication was being ordered by the on cal physician , the shift change came and I was so ill and told the am shift nurse she said that i should complain, when i requested the person that I would complain to , the nurse arrived to my room with a wet towel and started to wipe down my head, as tho i was being petted…she THEN told me that the medication cabinet was broken and she tried to use a screwdriver to open it needless to say I did file a report with the floor staff . I have blood clots to this day Im ill most all the time and am unable to work duu to the fevers that I have, my back and lungs are still in pain. due to the holes that are through out my lower lung areas. i know im leaving things out……
please contact me: by E-Mail funfilly4u@yahoo.com
Tracey Bowlin
663 Santos courtMilpitas, Ca 95035
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Lindsey Reply:
October 21st, 2008 at 12:05 pm
I can certainly understand what a frustrating situation this must be for you! If you haven’t already contacted an attorney, I suggest you do so. There are usually strict deadlines by which you would need to file a lawsuit based on a claim of negligence or malpractice. An attorney will be able to advise you about whether or not the facts of your case amount to a claim worth pursuing. You can find an attorney through LawInfo’s directory at http://www.lawinfo.com. Good luck!
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I have been on workmans comp. for about 7 months.Just today I recieved a letter from my employer stating that I no longer had health insurance.After 6 months they say that they have a right to terminate my coverage.I was NEVER informed of this NEW policy.I am on different meds and so is my wife.We can not afford our meds that we need.Can my employer do this without giving me advanced notice?
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Lindsey Reply:
February 6th, 2009 at 10:09 am
Hi Tony. I’m sorry to hear about your situation.
Under COBRA, workers have a right to continue their employer-sposored heath insurance, though they are responsible for paying the premium. Check out: http://resources.lawinfo.com/Search.html?q=COBRA.
As for whether the termination of coverage in your situation was wrongful, I suggest you speak to an attorney. Also, have you checked out the info in LawInfo’s Free Legal Resource Center?
Here are some ideas for you:
http://resources.lawinfo.com/Search.html?q=insurance+cancellation
http://resources.lawinfo.com/Search.html?q=workers+compensation
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My wife and me just signed a six month lease for an apartment (we are in New Mexico). We haven’t even paid the first month’s rent yet; it is due in two days. My wife found out two days ago that she was hired for a position in New York City and we have to move out of here within a month (we were living with friends and trying to wait it out as not to have to sign a lease, but it was unbearable living with people). Our lease agreement states that the property management company will charge us a fee for early termination and that they will keep the security deposit. If we assist the management company with finding new renters, is the management company entitled to the entire six month lease monies? If they find new renters, there are no damages, right? (We realize that we have to pay rent until they find someone and will most likely have to pay the rip-off fees that they put into the lease agreement.)
Thank You.
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Lindsey Reply:
February 6th, 2009 at 10:11 am
HI Mike. Congrats to your wife on the new job, but I certainly understand the problems it has raised with your rental. LawInfo’s Free Legal Resource Center has a variety of information about breaking a lease. Check it out here: http://resources.lawinfo.com/Search.html?q=breaking+a+lease
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Mike Ryko Reply:
February 12th, 2009 at 5:06 pm
Thank you very much Lindsey!
Best,
Mike
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I am the niece of a Mike and Cindy Smith [*all names changed by moderator*]. Mike and Cindy have had custody of Mikes niece’s daughter, Jenny for the last 3 years. Jenny was taken away from her mother (Anne) at the age of 1 due to a tip to DFS from a friend of her mothers. Jenny was found with no toys, food, no clean diapers, her hair was falling out due to malnutrition and depression. Jenny has been in custody of the Smith’s ever since. Jenny has evolved into our family as a daughter, sister, cousin, niece and granddaughter. She calls Mike and Cindy “dad” and “mom” and their three daughters “sissy”. I am her cousin, my mom is her auntie and my grandma is her nanny.
For 3 long years everyone legally involved has been telling the Smiths that there is nothing to worry about and that Anne has failed numerous drug tests and there was no way the courts could put Jenny back with Anne (Who Jenny refers to as her “play mom”) Even Anne’s attorney was caught begging Anne to drop the case because they were losing. Anne is living with her mother (who has been a drug addict for as long as I’ve been alive) and the father of Jenny. The judge made it mandatory that Anne not reside with either of them for they are bad influences. Anne disregarded what the judge had ordered.
About a year ago Anne got pregnant with another baby. The court contacted all the hospitals in the area and ordered a mandatory drug test on Anne before delivering her baby. The drug test was positive. The baby was taken immediately and put into foster care.
Even though there are all these facts that support that Anne is not a suitable mother it wasn’t enough. Mike and Cindy had been taking Jenny to a therapist for about a year. The therapist had diagnosed Jenny with a mental disorder due to neglect at an early age. The therapist was key in the case.
Jenny, today, is a sweet, energetic and smiley little girl. Jenny’s hair has grown in thick, her fingernails are healthy looking. She doesn’t eat everything in sight like she used to. She’s gained weight. She has a place in our family. We love her with all of our hearts. She is as big of a part of our family as anyone else.
Today, March 25, 2009, the district attorney (who had been telling Mike and Cindy that the case is practically won and that there was no way that Anne was going to get her parental rights back) has forgotten to subpoena the therapist. And instead of admitting to the judge that she forgot, she simply said she is working on reunification with the family.
Our entire family is heartbroken. We are lost and confused. How could something so major fall through the cracks? I am begging for help and advice. I’m not a pro on law but I know that this is not right. I find it hard to believe that nothing can be done. This little girl has gone through enough. Going back to Anne would ruin her. If you have any ideas or would like to offer help, our family would be eternally grateful. Thank you.
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I have had a check from a college sent to me in the mail in my name. It had written on it that it was for a research study. I had helped with a research study and was not paid for it not to mention that they owe me for a grant given and accepted that they just did not put through despite requests and now will not give the grant money I am owed anyways. So I cashed the check. Now they called and sent an email stating that the check was ment for someone else and I it didnt belong to me. They said I had to repay it or else threaten legal action. It was a check in my name. I have every right to beleive that a check in my name for any reason made by them and addmitidly made by them signed and dated by them is mine. do they have any legal standing?
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Lindsey Reply:
September 16th, 2009 at 12:13 pm
Hi Danny. Hmm… that’s an interesting one. Certainly, if you are ever sued you want to speak to an attorney right away. There are usually strict deadlines in place by which you must respond or else risk a default judgment against you simply by failing to answer. Whether or not they have any “legal standing” or could win a lawsuit filed against you would depend on a bunch of other facts about your situation. Wouldn’t hurt to contact a lawyer in your area for a consultation. I’d probably try a labor and employment lawyer first, since you said you had rendered services for them. You can find a lawyer at http://www.lawinfo.com. Good luck!
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What rights does a landlord do when a tenant threatens the Landlord’s contractor who was working in the common area of the building not in the demised premises.
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Mark Sweet, Esq Reply:
September 10th, 2010 at 1:21 pm
You may want to contact a real estate attorney at Lawinfo here ht
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i gave my property to let one of my friend who is working together its nearly 2yrs now & one day he asked me he needed some money can yu sign on da papers for me plse. i did, but after that he flowen to pakistan with his family . i am very worried about my property ,how can i find out what he did on my property plse
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