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Douglas Richard Lloyd Jr.

Douglas Lloyd’s Answers

141 total


  • My employer is saying that I must give 30 days notice as per my offer letter and will not accept 2 weeks.

    The only agreement I have is in my offer letter which basically says I am an employee at will but if need to give 30 days notice but they may terminate me for cause at any time w/o notice. Can they force me to stay? The 30 day provision is somethi...

    Douglas’s Answer

    No, they cannot force you to stay - employee at will cuts both ways: They can fire you at any time, and you can quit at any time. Two weeks' notice is a rule of common business courtesy, not a rule of law. However, as my colleague notes, by not following the company policy of thirty days' notice, you do run the risk of your employer having a bad taste in their mouth when prospective future employers call them for a reference.

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  • Is there any law that says after covering an open position (promotion) after a certain amount of time it should be given to you

    I am currently working as an assistant program manager for a DMH funded program. I have worked for the agency for almost 4 years and have been an assistant manager for 2 years. I have been with this particular program for almost 1 year. I am curr...

    Douglas’s Answer

    No, there is not. The employer can hire, fire, demote, or promote any employee at any time for any reason (barring discriminatory animus), and no law compels an employer to do anything to the contrary. While this may be considered unfair, it is the nature of at-will employment.

    If you fear losing the pay raise, then try to immediately return to the quality of life you maintained prior to receiving the pay raise, and simply sock away the extra money over and over your assistant program manager salary. Your quality of life won't suffer, and you'll have a nice chunk of change in the bank when and if your employer replaces you with a permanent hire.

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  • Doi have to paid civil demand letter? please help

    i was cause shoplifting in Walmart, i was going to the room with them, they ask my ID and SSN, and fews question, i did not signs any paper from them. Walmart manager say that they going to send me a civil demand letter and i have to paid for it o...

    Douglas’s Answer

    A civil demand letter is the store's attempt to get you to give them some money and the hope is that you will be intimidated into doing so. In order for them to force you to pay, they would have to take you to court, prove damages, etc. Hiring an attorney to do this for them is likely going to cost them far more than the amount they would recover, so the odds of them actually suing you for it is generally low (but it's not impossible), though as the value of the shoplifted goods increases, so does the likelihood of further action. I've linked below to an excellent guide on civil demand letters.

    Paying the civil demand has no effect on whether a criminal complaint may follow. You could pay it and they could still attempt to pursue a criminal complaint, and may attempt to use your payment of the demand as evidence against you as an admission of guilt. Alternatively, you could not ignore it and they may end up doing nothing. The other combinations are possible too: pay it, and that'll be the end of it; ignore it, and they'll pursue a criminal complaint. If the police weren't called to the store at the time and/or the value of the shoplifted goods was low, criminal charges seem less likely. Unfortunately, no one here can predict what exactly the store will do.

    If they seek a criminal complaint, then you should talk to an attorney. Until then, the civil demand letter is a bullying tactic. It's the only power that loss prevention officers have.

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  • What is the probate contest (a deathbed addendum) process in California

    After the petition what happens?

    Douglas’s Answer

    This question concerns California law. You might be better off re-posting your question, changing your location to a city or town in California, so as to have a better chance of getting an answer from an attorney licensed in that state.

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  • Milford Water Co. in Milford Mass. informed us by mail about Cadmium levels in our water supply

    I looked up http://www.cadmium.org to look up what it is and the effects of exposure. You can look up the site for yourself, if you like. At the bottom of the first page it lists toxic effects to humans. It says it can cause adverse health effe...

    Douglas’s Answer

    I've moved the practice area of this question to "Personal Injury."

    Cases like these are always very fact-specific, but it sounds like a lawsuit may be possible based on the limited information you've provided here, particularly if you only came to learn of the cadmium toxicity recently. Still, you'll want to act somewhat quickly, and should begin by contacting a personal injury attorney who has experience with "toxic torts." Many personal injury lawyers offer free consultations where you can discuss more specifics of your situation and they can offer you information on next steps to proceed, if any. Good luck to you.

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  • My tenant texted me her notice to terminate a month-to-month lease.

    Is it legally binding in Massachusetts?

    Douglas’s Answer

    A text message is certainly not a commonly used form of formal written notice, though enforcement of electronic communications as legally binding becomes more prevalent every year. Ideally, a tenant should still have written notice delivered by certified mail or personally signed by a landlord to prove that notice was actually received.

    To play devil's advocate though, text messaging is a relatively permanent, relatively provable form of notice and clearly you have actually received it and read it (or else you wouldn't be asking this question) so you have been put on actual notice of her intent to vacate. To deny as much in court now could be perjury, if this causes a dispute which escalates to that level.

    The best practice here is probably to confirm with the tenant in an actual writing (or even e-mail, which is far more accepted than texting) her intent to vacate the apartment, and get a signed copy to both parties to minimize future disputes. Under Massachusetts law, she is required to give you at least 30 days' notice but other than the unwise form of notice, assuming she's given you that amount of time she's done nothing wrong.

    Once you've confirmed the intent to vacate in a signed writing, you can probably begin looking for replacement tenants.

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  • Civil demand letter from Shaw's in Boston

    I was caught shoplifting from Shaw's (less than $50 and all merchandise, all recovered by loss prevention) I just received a civil demand letter from the Shaw's loss prevention department demanding $500. It says that if I don't pay the settlement ...

    Douglas’s Answer

    A civil demand letter is the store's attempt to get you to give them some money and the hope is that you will be intimidated into doing so. In order for them to force you to pay, they would have to take you to court, prove damages, etc. Hiring an attorney to do this for them is likely going to cost them far more than the amount they would recover, so the odds of them actually suing you for it is low (but it's not impossible). I've linked below to an excellent guide on civil demand letters. As the guide notes, many attorneys on Avvo will tell you to ignore these civil demand letters, and I am one of them.

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  • A week after my car lease was completed with a 2.9% interest rate, the bank raised the interest rate to 4.1%. Is this legal?

    Will I get stuck paying the difference at the end of my lease?

    Douglas’s Answer

    I agree with Attorney Amarantes; the language of the contract will probably answer this question. You or your attorney should review the terms of the lease very carefully. It is certainly unusual, but not definitely illegal based on what you've said here.

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  • Aunts homemaker who is now fired sprayed Bio-defense which is an indoor pest control in aunts house can i sue old homemaker?

    The homemaker sprayed it all over the house on the dog and on my aunt. I went to help my aunt and her small dog and i got really sick.. I was put on prednisone and the dog was to.. I had a severe allergic reaction which landed me a trip to the em...

    Douglas’s Answer

    I'm really sorry to hear about what's happened, it's definitely not a lot of fun to be sick. Unfortunately, I think you might have an uphill battle pursuing legal action against your aunt's ex-homemaker, because you're asking if you can sue someone for using a product as it was intended. (Well, maybe not the part about spraying directly on a person, if that's true...). I foresee several problems with any possible claims.

    For starters, there's really no way the homemaker could have known that you would've had an allergic reaction to the product. This is especially the case because it wasn't your house, and you were merely a visitor when you developed the reaction. So it's not as if she intended to cause the harm you suffered, and that eliminates intentional tort as a possibility.

    This basically leaves a negligence claim as the only option. In order to prove negligence, you'd need to show that the homemaker owed some duty of care to you and that she breached that duty, which in turn directly caused the quantifiable injuries you are suffering. While the damages are certainly there and causation might be, I think the duty and breach aren't, and all four are required to bring a negligence claim.

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  • Terminated from job but had signed a contract for entertainment which the owners have since broke. Am I liable?

    My husband and his family own a bar and while I was working there I signed a contract with a band to perform weekly for a three month period. I am no longer working there and have recieved a notice of breach and demand for payment because unbekno...

    Douglas’s Answer

    I agree with Attorney Dufresne; you must have an attorney review the contract. If it was within the scope of your employment to sign this type of contract, it is less likely that you would be personally liable as you would be signing on behalf of the business. If you were, say, just a waitress and signed this contract purportedly on behalf of the business, the opposite is true.

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