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Lindsey Bierzonski’s Answers

16 total


  • My father dies then my grandmother past a week later well is it true that all that was left to my father im entitles to gain

    all the money that was left to be divided is there anything stopping me from receiving my part of the money as long as im entitled to it

    Lindsey’s Answer

    In addition to what was posted above, what happens here would first depend on the wording of your grandmother's will. If your grandmother provided a statement indicating what she wanted to happen should your aunt or father pass away befor her, then that statement would control.

    Only in the event that the statement is not included would the other possibilities from the above posts come into play. A well written will does provide for what will happen should beneficiaries pass away before the person making the will.

    As you can see, there are many factors can come into play. Thus, I would strongly advise you to obtain a copy of the will and consult an attorney in your area who practices wills and estates. Good luck.

    Please note that this post is for informational purposes only and does not create an attorney-client relationship.

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  • Is it legal for a company to hire only non smokers, but allow their current employees to continue to smoke?

    A local company now states it will hire only non smokers, but it will allow their current employees to continue to smoke. Isn't that a form of discrimination?

    Lindsey’s Answer

    Furthermore, employment in Pennsylvania is "at will," which means that either the employer or employee can end the employment relationship at any time for any reason, unless it's an illegal reason. This goes for hiring as well. Employers can hire anyone or refuse to hire anyone for any reason as long as an illegal reason isn't a factor. Illegal reasons include discrimination based upon the person's age, sex, race, color, disability, religion, or national origin. There are some other possible reasons but there is nothing illegal about discriminating against smokers.

    If the company were not a private one, but a public one such as the government, then it might be possible that you have an "equal protection" claim because two classes of people are being treated differently. However, even in that situation, you would likely lose. Equal protection claims are not applicable to private employers such as local companies.

    Please note that this post is for informational purposes only and does not create an attorney-client relationship.

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  • Verbal Contracts?

    Grandfather of 2 children said he would pay 1K a month for each grandchild we had. Specifically stated "So if you have 12 you'd get 12K a month". Then made checks out monthly. (which the money was to help with the upbringing of kids) Now that ...

    Lindsey’s Answer

    There's a small possibility that you can claim you have come to rely on those payments so the payments should continue. The concept is called promissory estoppel or detrimental reliance. However you would still probably need to prove that you relied on his promise when you had the kids or relied on his promise when you say, quit your job or did something else against your own interest. There are other things that would need to be proven as well, so seek assistance. You probably would need to prove that you haven't done anything bad which made him stop making the payments. I would suggest consulting an attorney to evaulate your claim. $1,000 a month per child adds up to a lot of money over time. Good luck.

    Please note that this is for informational purposes only and does not create an attorney client relationship.

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  • My job is causing me so much stress on a day to day basis. This has been going on for years now. I've had supervisors fabricate

    stories that caused me to have an extensive record, mostly lies. I go through this all the time and I'm sick of it. I've been written up consant times and even put on probation. I feel as though I'm being targeted, please help!

    Lindsey’s Answer

    Depending on your level of stress and the conditions of your workplace, you may also have a claim for worker's compensation or grounds for a lawsuit against your employer for intentional infliction of emotional distress. You have provided very limited facts in your question, so I would highly advise you to consult an attorney who can ask and answer questions to evaluate your claim. For instance, you haven't mentioned what attempts you made to address these issues through Human Resources or a higher level supervisor. Good luck.

    Please note that this is for informational purposes only and does not create an attorney client relationship.

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  • My father passed away 6/09, An unknown will showed up at his funeral, that was a forgery, What is my legal stating as his daught

    The Executor had my father's will rewritten the day after his oldest daughter died, He was grieving, my father wasw with me,trying to get Airline Tickets to go to funeral. The will is a forgery, witnessed by Attorney and his secretary who is a no...

    Lindsey’s Answer

    As his daugther, you should have standing to contest the will because you would inherit from your father if the will is invalid. However, the lack of a Power of Attorney or Self Proving Affidavit does not immediately render a will invalid. You haven't provided very clear facts so I highly advise you to consult an attorney who can ask and answer questions to properly evaluate your possible claim.

    Good luck.

    Please note that this post is for informational purposes only and does not create an attorney client relationship.

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  • At what point is being paid time and a half required?

    my husband worked 16 hours in one day

    Lindsey’s Answer

    Under the Fair Labor Standards Act, overtime pay, as "time and a half," typically must be paid when an employee exceeds 40 working hours in any work week. The employee must also not be "exempt" from overtime, which can happen if the employee is salaried or a government worker, to name a couple exemptions.

    The number of hours worked in a given day can sometimes trigger overtime pay, but it depends on the type of job. There are also other gray areas such as whether time actually counts as "work."

    Your state law may have greater protection for employees than the federal law.

    You would really need to provide more information; but for the best response, consult an attorney in your state. Good luck.

    Please note that this post is for informational purposes only and does not constitute legal advice, nor is this post intended to create an attorney client relationship.

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  • My mother left 1/2 of one percent of her estate to the "Diabetic Society of America" of NY, NY in her will. I am the executrix.

    My mother left 1/2 of one percent of her estate to the "Diabetic Society of America" of NY, NY in her will. I am the executrix. I can find no such named entity. I believe she meant the American Diabetes Asso. but cannot prove that. The ADA is ...

    Lindsey’s Answer

    I agree with the above poster. Sometimes the Court will give the money to a similar organization with a similar charitable purpose, so the American Diabetes Association may be a good substitution. However based upon the limited amount of facts in your question, I would suggest that you may want to consult an attorney who focuses on probate procedures before approaching the Court. Whatever the Court chooses to approve as the appropriate action to fix the problem will depend primarily upon the specific wording of the will and then the circumstances surrounding the will's creation.

    Please note this post is for informational purposes only and is not intended to create an attorney client relationship.

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  • Emplyment Agreement

    I have an employer XX Inc, who is trying to sue me based on employeement agreement I signed, with them, stating that I am working for the same client through another firm. Is there any way, I can prove the agreement I signed was invalid. As I only...

    Lindsey’s Answer

    First, please consult an attorney within your state. There may be grounds to invalidate the contract but this is an unusual remedy, such as if you were coerced into signing it, but a mere employment relationship isn't enough to create coercion, which would require a threat of something like bodily injury or death. Your employer mostly likely made sure the formalities surrounding the signing of the contract were met so that you won't be able to invalidate the contract as a whole.

    However, it sounds like you may have a non-compete clause in the agreement. If you do, the terms of the non-compete clause may or may not be enforced by a court due to its specific terms being too vague or too restrictive. The law on non-compete clauses varies greatly in each state. The law is also very fact intensive - one small factor may change the outcome of the case.

    Therefore, I would strongly advise consulting an employment law attorney within your state to determine your rights and possible remedies. Take your copy of the agreement with you. Good luck.

    Please note that this post is for informational purposes only and is not intended to create an attorney client relationship.

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  • I quit my job- can I still sue?

    At my last job, the COO told me on numerous occasions that it would be impossible to hold a high level job (like mine) at the organization and have a family ( I was newly engaged). He also made comments like "Please tell me you're not pregnant" ...

    Lindsey’s Answer

    Please note that I am not licensed within your state.

    Assuming you do have a valid claim under Title VII (federal law), which may protect your right to have a family or get married in certain circumstances, generally you have 300 days from the date of violation to bring a claim before the EEOC - Equal Employment Opportunity Commission.
    If you left your job in February, you may have already passed your deadline to file a claim. Even if you are not yet past the deadline, you should consult an attorney within your state to determine whether you have a valid claim and whether the deadline has passed. In some situations the deadline is extended. An attorney will require more information concerning your treatment versus the treatment of others who are in similar job positions. You would also have to be able to prove that the way they treated you was so horrible that they forced you to quit your position.

    Your state law may also offer more expansive protection than the federal law or a longer period of time to file a claim, so consult an attorney within your state to assess your claim.

    Good luck!

    Please note that this post is for informational purposes only and is not intended to create an attorney client relationship.

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  • Can my job fire me because I have been on fmla because of a surgery

    I have had 3 knee surgeries and have been on 3 fmla's because of it, now my job is telling me if I don't return to work by Dec. 15th I will not have a job anymore. Can they do that legally to me or can I fight this somehow?

    Lindsey’s Answer

    The above poster is correct. To further clarify, please note however that the Family and Medical Leave Act (FMLA) only applies to employers that have 50 or more employees in 20 or more workweeks throughout a year. Employers with fewer employees are not required by federal law to provide you leave, unless the employer is "public" such as the government or a public school.

    The FMLA is federal law. You may also have similar rights arising under state law, specifically the Pennsylvania Human Relations Act, which generally applies to state employers and employers having 4 or more employees with some exceptions, or you may also have a claim arising out of an employee handbook depending on what is included in it. I would strongly advise you to consult an employment attorney in your area to discuss your situation. Good luck.

    This post is for informational purposes only and is not intended to create an attorney client relationship.

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