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Michael A. Goldstein
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Michael Goldstein’s Answers

747 total


  • I'm writing an expose. I'd like to have mediation w/ the org. in question so that the book can be published. Is this ever done?

    This is an involved book about my own experience as caregiver at a nursing home. I give details about the good services offered, which set the facility as an example. I also point out some shortcomings of the system. The intention is to raise a...

    Michael’s Answer

    Are you trying to obtain the consent of a specific nursing home to use their name in the use of your creative work to generate profit? If so, then you simply need to negotiate with them a license to use their name and likeness. If this is not what you are asking, you may want to reach out to an attorney who handles authorship and copyright issues.

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  • Employment attorney

    I was hired as a gm by a company I had previously interviewed with. I have an email saying to come to massachuttes. He would make arrangements to turn the hotel over to me. I drove from nc to mass. When I got there, I found out he hadn't bothered ...

    Michael’s Answer

    It sounds from the facts provided that you relied upon a written representation of employment and incurred some damages. If this is the case, then you may have a claim for promissory estoppel to recover your losses and put you in the position you would have been in had you not relied upon their promises. With that said, I would consult with a licensed MA attorney to review the email chain and any documented losses.

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  • I work for the USPS and my manager is trying to get me fired and telling coworkers lies about me. What can I do??

    I have some allegations against me , which I'm sure I will be vindicated once the investigation is completed.. But my manager has had it out for me for the 6 months she's been there.. Even to the point I've had to be put in a 24 hr heart monitor b...

    Michael’s Answer

    Your first step is to file an official complaint against your manager with Human Resources, and detail all of the comments made by your manager to third parties. If at that point, management does not take any remedial steps, then there are very specific procedures to follow in filing a claim against the USPS. You will want to consult with an attorney who has experience in cases against them, as it is not a simple employment matter.

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  • I went to a deposition on July 17 for a car accident that happened on September 2013.

    How long does it take for the other insurance to settle after the deposition?

    Michael’s Answer

    There is no time frame to settle a case during the discovery phase. If after your deposition, the insurance company believes liability and damages are clear and the cost to defend is not worth it, they will likely make an offer. However, if they think that your demand is just too high, or that they have a good defense, they may or may not even make an offer. They could take their chances with a Summary Judgment Motion first or even go to trial.

    If you are litigating this case on your own, you may want to seek counsel at this point.

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  • Discrimination by landlord..

    Can someone get monetary damages for a landlord discriminating against them on a background check after they gave deposit?

    Michael’s Answer

    I am sorry to give the lawyer answer, but it depends.

    If you were provided a contract and tendered compensation, and the contract did not specify the landlord could keep the retainer as a result of a background check, then the failure to return your deposit, likely would be a violation of the consumer protection laws in Massachusetts. However, if you provided false information, and signed an authorization to conduct a background check, then you may have a more difficult fight on your hands. In any event, it is likely that if the landlord is not going to rent to you, should request a refund of the deposit in writing, and seek the advice of a landlord / tenant attorney in your area right away.

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  • Civil rights violation?

    Does a cop have the right to run your cori for a landlord friend who then denies you an apt based on this illegally obtained cori? Do i have a case of discrimination AND of the illegally obtained cori? What type of damages..since he told me i co...

    Michael’s Answer

    During you application process, did you ever sign any documentation allowing the landlord to request a CORI (now called CARI in Massachusetts)? Do you have anything in writing, even an email that indicates the landlord agreed to lease the apartment to you, which you could use as evidence?

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  • No lease for closure and ppl walking in

    My family was given the opportunity to stay in a for closure as the house was given by owner to bankruptcy. We were told to keep he property safe till bank asked us to move. The original owner changed her mind after 6 months and wants to try an k...

    Michael’s Answer

    Do you have a signed lease from an earlier time? In not, you may still be viewed as a tenant at will on a month to month lease and have rights to quiet enjoyment of your property until you are properly evicted or sign an agreement that you will move out on a certain date. Your landlord will not be able to use the bankruptcy as it sounds like all action is post petition and the automatic stay will not help the landlord. You should consult with a landlord tenant attorney in your area right away to ensure your rights are being protected.

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  • Are there any statutes of limitations regarding disciplinary actions in the workplace and the date of incident?

    Incident occurred on September 5, 2014, but a disciplinary action wasn't written until November 24, 2014 and received December 5th of the same year.

    Michael’s Answer

    There is no specific statute of limitations on employer disciplinary actions if you are an employee at will, (meaning that you have no written contract that address your question directly). However, the more time that passes from the alleged incident to the time when the employer brings it to your attention or attempts to take some adverse action against you, raises an inference of prextext, as there may be some other issue, such as retaliation for asserting some protected right.

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  • Can my spouse file bankruptcy by himself?

    If we are married can he file bankruptcy on his debts without it affecting me his wife?

    Michael’s Answer

    It is common practice if all debt is held by one spouse that only the one spouse file for bankruptcy to eliminate his or her debt. However, part of the analysis will still hinge upon your income and household expenses. If you as a household have income above the median in your state, for your family size, your husband may have to file a Chapter 13 case and will need to make a payment plan to the Creditors based upon household disposable income.

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  • Are there many lawyers who will take payment plans?

    How hard is it to find a lawyer that will take a payment plan? What is the best way to work out a payment plan with a lawyer?

    Michael’s Answer

    It really depends upon the type of bankruptcy case you file. In a Chapter 13 case, where you have to make a repayment plan with your creditors, many attorneys will agree to put their fees, or at leas some portion of them through the plan. In a Chapter 7 case, your best bet is to find an attorney who will work with you prepetition to take payments, but will not file your case until you are paid in full.

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