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L. Maxwell Taylor

L. Maxwell Taylor’s Answers

6,100 total


  • What can be done for a religious threat in the workplace

    there's an employee where i work that called me a crackhead and now he's harassing me and he said I pray against you in Jesus name and I got a video with him saying it

    L. Maxwell’s Answer

    You describe a workplace personality conflict, not a case of discrimination on the basis of religion. You can ask your employer to intervene and separate the two of you, or instruct the co-employee to leave you alone, but I don't see any role for the legal system in a circumstance such as this.

    Not legal advice as I don't practice law in Montana. It's just my two cents on the facts you describe in light of general principles of law. Consult Montana counsel to obtain legal advice. I practice in Vermont ONLY.

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  • Valid ID

    I was turned away from a bar tonight because they said a benefit card is not valid. It is a government issued id. What gives?

    L. Maxwell’s Answer

    New York State Liquor Authority, Division of Alcoholic Beverage Control, publishes a list of Frequently Asked Questions. This is an excerpt from the FAQ. (See link to full FAQ below.)

    "What is acceptable proof of age to purchase alcohol in New York State? The following documents can be accepted as proof of age for the purchase of alcoholic beverages: (a) A valid driver's license or non-driver identification card issued by: New York State; the Federal Government; any State Government within the United States; the District of Columbia; any Commonwealth, Possession or Territory of the United States; or a Provincial Government of Canada; (b) a valid U.S. passport; (c) a valid passport of any other country; or (d) a valid military ID from the U.S.

    College identifications, employee identification cards or any other form of identification not listed above cannot be accepted as the primary proof of age, but can be used as a secondary means to verify the identity of the person."

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  • I need to file suit against McDonald's for negligence and endangering an unborn child.

    I found a cockroach in my beverage from a local McDonald's after I had already finished the entire thing. I'm pregnant and my husband drank from the same cup.

    L. Maxwell’s Answer

    The purpose of the law is to make injured persons whole. Where there has been no injury, there is no case.

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  • What does the legal term(constitutionality of statues) mean?

    I was looking over a civil cover sheet for the jurisdiction that I wanted to base my case on,when I came across the legal term (constitutionality of statues).

    L. Maxwell’s Answer

    Constitutions contain limits on what governments can do. (For example, the First Amendment to the U.S. Constitution begins, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press . . . .") But sometimes state legislatures, or Congress, passes laws that purport to do things that a state's constitution, or the United States Constitution, say that government can't do. And then individual litigants challenge those laws by filing lawsuits.

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  • I was convicted of felony child support in Mi. I got 5 yrs. double jeopardy says no more. How do I stop the IRS wage garnishment

    The total amount was for the entire arrearage. There was no ongoing support order at the time nor is there any now.

    L. Maxwell’s Answer

    The principle of double jeopardy means a person cannot be criminally punished twice for committing a single criminal offense. A wage garnishment is not a criminal punishment; it is a method of collecting a debt. Therefore the principle of double jeopardy does not apply.

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  • The employees at a local grocery store keep talking about me every time i go shopping. can i sue them for this?

    this problem has been going on for a couple of years. i have tried going to different stores around my area but the same problem occurs. i have chosen to go to the store i frequent because its closest to my home and its the store my family has b...

    L. Maxwell’s Answer

    It's a free country, and they're free to talk about you and share their opinions with each other. Your account includes nothing to make me suspect anything in the nature of defamation or discrimination on the basis of membership in a protected class. So the direct answer to your question is, yes, you can sue them--you can sue a ham sandwich because it lacks brown mustard--but nothing here makes me suspect you have a legal claim which, if pressed, would make them stop talking about you.

    Not legal advice, just my two cents. I don't practice law in Iowa or hold licensure there. Consult Iowa counsel to obtain legal advice. I practice in Vermont ONLY.

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  • Can my landlord keep my security deposit?

    My landlord says he is keeping my security deposit which is 1,000 because I had signed the lease for the upcoming year of 2015-2016. Yet there was a second spot that was supposed to be signed by my mom and he never got her signature so I told him ...

    L. Maxwell’s Answer

    I am confused by your post. You say the landlord is keeping your security deposit and that you signed the lease for 2015-26. I suspect he means you don't need to put down a new security deposit, he's just applying the one he already has to the new lease. So he's not "keeping" it (as in "now it's mine"), he's just holding onto it as security (as in "I'm holding onto your security deposit so that if the premises are damaged when you move out I have some money to make repairs"). Is this what's going on?

    The other thing is, I can't tell where the premises you are renting are, in Vermont or in New Hampshire. If they are in Vermont, Vermont landlord-tenant law is going to apply, but if they are in New Hampshire, New Hampshire landlord-tenant law is going to apply.

    So I'm not giving legal advice here, I'm just asking questions. Maybe you can repost your facts with some clarifications.

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  • If my father is getting older and we are going to sell his house to pay for assisted living care. Can items such as an old car

    be given to a brother. Car is only worth about $1000. My other brother is concerned that would be considered a gift and WILL CAUSE IRS issues or if later if his money is gone before he dies that if he needs medaid asst. that mig...

    L. Maxwell’s Answer

    There may be a way to save the house. It depends upon the jurisdiction. In some jurisdictions one can deed the house to offspring while the elder retains a life estate, and that transaction does not "count" for purposes of the lookback rules for medicaid eligibility purposes. Doesn't work everywhere, though. This is why consulting with an elder-care lawyer is obligatory.

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  • I am 4'7" and 29 years old, can I get disability?

    I am 29 years old and around 4'7. I've been a hairstylist for going on 8 years. My whole life I've been told because I'm short I could get disability and training for a new job. As the years progressed the nature of my job has taken a really hard ...

    L. Maxwell’s Answer

    Social Security Disability benefits are available to people who have worked in twenty out of the last forty quarters and who, by reason of a severe mental or physical impairment, are unable to engage in "substantial gainful activity" which means any job that exists in the national economy at which one could earn more than $1,090 per month. If any job exists that you are capable of doing at which you could earn more than $1,090 per month -- that's less than thirty hours a week at $9/hour (4.3 weeks per month) -- you are not "disabled" for purposes of Social Security Disability.

    These cases really turn on the medical records. Consult a lawyer who handles Social Security Disability cases who can meet with you and review your medical records to see whether in his or her opinion you have a fair shot at getting SSDI benefits. You don't need a lawyer to apply for them yourself, and most lawyers won't take an SSDI case until you've applied and been turned down, and have appealed to SSA asking them to take a second look, and have been denied again. At that point you become entitled to a hearing before an administrative law judge, and that's the point where having a lawyer may make a real difference.

    Good luck.

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