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Thomas L. Douglas
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Thomas Douglas’s Answers

21 total

  • Can I be required to do work off the clock as a job requirement?

    My recent employer required bank runs at the end of each shift for us hourly supervisors. This was expected to do after we clocked out to leave the building. The banks were ten miles in the opposite direction of home. When I constantly brought thi...

    Thomas’s Answer

    A lawyer would need to carefully examine all the facts involved in this case, but typically you are entitled to be paid for all the time you spend working for your employer. Based on the facts presented here, you may also have a whistleblower claim with respect to your termination. Wage and hour/whistleblower cases can be fairly complicated. You should definitely discuss this case with a lawyer soon.

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  • Is it possible to be awarded money for punitive damages in the state of Maine? If so then what is the likelihood?

    A blasting company working adjacent to my home severely damaged the concrete floor and walls my brand new house. They took a video'(for my protection) which shows the new condition of my home. They refuse to allow us access to the video. They als...

    Thomas’s Answer

    Under Maine law, an award of punitive damages is only appropriate if a party proves by clear and convincing evidence that another party acted with malice or that this party's conduct is so outrageous that malice is implied. That said, if your foundation and walls were damaged, it sounds like your claim may well be worth enough money to justify filing a lawsuit. Depending on the additional facts of the claim, there may also be a legal theory under which you are entitled to recover your attorney fees. You should discuss your options with a Maine attorney as soon as possible.

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  • Where do I start?

    I am either looking for an advisor or legel help. My boyfriend owns a business and I do all the billing and paper work. We have a client who owes us over ten thousand dollars. I have given the client a 30 day notice which the 30 days passed on ...

    Thomas’s Answer

    If your boyfriend's client is ignoring your requests for payment, he should consider hiring a lawyer and filing a lawsuit to recover the balance due. Prior to filing suit, boyfriend or lawyer might do some checking to see whether the client has funds or assets to actually pay the debt if boyfriend obtains a judgment.

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  • $40,000 loan for a skidder under a un-notarized contract. Payments stopped, can the money be retrieved?

    My naive friend loaned $40,000 of insurance money from the line of duty death of his paramedic dad to someone he met last year for a skidder to start his logging business. The criteria of the un-notarized contract was a payment of $800 per week I ...

    Thomas’s Answer

    Based on these facts, your friend would have a case and for this amount of money, it is absolutely worth it for your friend to hire an attorney to aggressively pursue repayment.

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  • Is there any fairness at all in our world?

    A person had my son arrested for trespassing. He had to hire a lawyer at an expense he could ill afford and went through a very trying time as he has never had trouble of any kind before. The person who had him arrested also had a restraining or...

    Thomas’s Answer

    Two things. First, from your account it seems that this 'person' is not afraid of your son if he is seeking him out, harassing him, etc. You might consider challenging the first restraining order on this basis. Second, sounds like your son needs a restraining order of his own against this person. You should discuss these options with an attorney soon, preferably before your son is accused of violating the current restraining order and ends up back in court.

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  • “Mom Died. Since then My Brother refuses to release any and all information and accounting with regards to Mom's Estate.

    “Mom Died. Since then My Brother refuses to release any and all information and accounting with regards to Mom's Estate. There was a Last Will and Testament, $10,000 Life Insurance Policy, $30,000 Irrevocable Family Trust, and a small house. My br...

    Thomas’s Answer

    If you have already demanded a copy of the Will and the Trust and these documents are not forthcoming, you should hire an attorney to formally request these documents along with a full accounting ASAP. The documents will confirm your status as a beneficiary, what your legal rights are, that status of the Trust assets, etc. Once an attorney has an opportunity to review these documents, he/she should be able to advise you re: next steps, including whether court action is necessary in order to protect your rights.

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  • I have recently been subjected to sexual harassment in he work place the company has not disciplined him. I still have to work

    I have been subjected to verbal and physical harassment for over a year now. i have just recently reported it to the company and I still have to work wit this individual. They conducted a investigation and just decided to arrange the shifts so...

    Thomas’s Answer

    Based on this account, there are still questions that need to be answered before an attorney will be able to advise you regarding possible courses of action. You should consult with a qualified Maine employment law attorney at your earliest opportunity.

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  • Our marketing agency developed a service agreement w/ a client and it offered no termination clause or refund on initial payment

    1st phase was logo design. 2 different concept designs were presented to client in advance of the contract which is unique. Client endorsed designs and wanted to direct tweaks and hired us. After we fulfilled rounds of requested edits, they decli...

    Thomas’s Answer

    Based on the limited information presented here, I think you're on the right track. Your right to retain payments made by the client pursuant to the service agreement will likely depend on the language of the agreement itself. The fact that your client has hired a lawyer to send you a demand letter is troubling - you should have the agreement and the attorney letter reviewed by a qualified Maine attorney as soon as possible.

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  • Stopped at stop sign took off and got hit in rear quarter panel spun van around how fast was the guy going

    speed limit was 25 doors wont even open

    Thomas’s Answer

    You'd be surprised at the many different methods that purport to be able to determine the relative speed of two automobiles in a car crash. Although opinions will vary, there are experts who can estimate the speeds involved.

    If you were injured in the collision, you should talk to a Maine personal injury attorney at your earliest opportunity.

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  • Do I have a chance to win?

    I bought a car Thursday from a guy who told me that the car needed nothing and ran great, I kept all text communications, and on Friday took the car for a purchase inspection and found out it needed 2-3 thousand in repairs. I contacted the guy bac...

    Thomas’s Answer

    Small claims court is probably a good option for this case and many people represent themselves in small claims court. At the hearing, each side will present their side of the case to the judge, who will then decide if you are entitled to a refund, etc.

    Go to the Cumberland County Courthouse in Portland and they can provide you with the forms you need to initiate a small claims action. A guide to Maine small claims actions can be found at the link below. Good luck with this case. http://courts.maine.gov/maine_courts/small_claims/smallclaimsguide/SmClms040312.pdf

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