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Michael Joseph Davey III

Michael Davey’s Answers

140 total


  • I want to know what can I do, because I just found out about my problem from X-Rays today after having surgery two years ago

    Several surgical clips in my left hemipelvis, severe pain all the time cyst on right ovaries, left kidney pain in my knees legs, right side under my abdomen!!! Had a hysterectomy, also back pain tired all the time

    Michael’s Answer

    If the surgical clips were left behind by the surgeon incorrectly and you just discovered their presence, you may have been cause of action for malpractice.
    Michael J. Davey, Esq.
    Eckell Sparks Law Firm
    Media, PA

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  • I filed employment discrimination with the eeoc about a year ago and now I was called in to schedule mediation.

    I was fired from a previous job because I was pregnant. I wrote my supervisor a letter stating for accommodation with my schedule and in my letter I told them that I was pregnant. I was told to reapply after I had my child. & I asked why am I gett...

    Michael’s Answer

    From the facts you relayed, it sounds as if you may have a viable claim for pregnancy discrimination under both state and federal law.

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  • Do I have a case?

    I told management I had to leave early because of depressive symptoms I was having one day. I was dating the owners daughter and she left me, well after I left early that day the owner and his other daughter, that works in management there also, d...

    Michael’s Answer

    It sounds as if you may have a claim for "regarded as" disability discrimination under the Americans with Disabilities Act and/or the Pennsylvania Human Relations Commission.

    You should contact an experienced employment law attorney in or around your area for a consultation, as soon as possible. That lawyer should also be able to assist you with your claim for unemployment benefits.

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  • Can I sue my former employer for wrongful termination and mental distress.

    My employer forced me to take a fmla leave after my husband passed away. My therapist told my employer I was not ready to return to work yet. My employer told me if I didn't return by a certain date I'd be fired. So I retured to work by that date ...

    Michael’s Answer

    If your employer forced you to come back to work before the expiration of your eligible and available FMLA leave time, you have a claim for unlawful interference.

    If your employer falsified the reason for your termination, then you may also be able to argue that the reason expressed by your employer for firing you was merely pretext and that the real reason was retaliation against you for taking your FMLA leave.

    Claims for interference and retaliation under the FMLA are, like many other employment-related situations, extremely fact-intensive. If you would like to speak about your situation in more detail, please feel free to contact me directly.

    Michael J. Davey, Esq.
    Eckell Sparks Law Firm
    mdavey@eckellsparks.com
    610-565-3700

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  • With limited tort can we sue for road rage when nobody was injured, and insurance paid for damages to vehicle>

    16 yr old son was in an accident and the guy admitted to making his own lane on road shoulder and cutting back in to lane and hitting him because he was angry and frustraited. they did pay the $3k damages to vehicle. Guy was also driving his buisn...

    Michael’s Answer

    Your son's ability to sue for punitive damages is secondary to the question of whether he was injured in the accident. If he was injured in the accident and is bound by limited tort coverage, then he can only sue for pain and suffering if he sustained a serious impairment of a bodily function. If he is unable to sue for pain and suffering, he will not be able to pursue a claim for punitive damages. Punitive damages is not a separate cause of action, but rather an award that is designed to punish a liable defendant that engages in willful, wanton or intentional disregard to the health, safety and welfare of others.

    If your son was bound by a full tort selection, or was limited tort but sustained a serious impairment of a bodily function, then given the facts that you provided, it sounds plausible that a punitive damages argument could be made.

    You should consult with an experienced personal injury attorney and discuss these issues, including what tort status your son will be bound by. Our office routinely handles automobile cases in Montgomery County. I would be happy to speak with you about this situation in more detail, if you would like. You can reach me directly at 610-565-3700 or mdavey@eckellsparks.com

    Michael J. Davey, Esq.
    Eckell Sparks Law Firm
    610-565-3700

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  • Auto accident. Neck disc herniation. Other driver at fault. What are next steps?

    Car totaled and received fair settlement already (12k). Neck disc herniation c7-t1. 4 months physical therapy with little improvement. Dr indicates may take up to 1 yr to heal. Medical bills are paid for by PIP in Pennsylvania. Lost time at wo...

    Michael’s Answer

    I am assuming from the way you structured your question that the "12k fair settlement" you received was for the property damage that your vehicle sustained..... That being said, the issues surrounding whether and the extent to which you can make a recovery for pain and suffering, medical bills and/or wage loss is complicated and depends upon many different factors. You should have a consultation with an attorney. That being said, our office routinely handles both simple and complex automobile accident claims and automobile insurance issues in Montgomery County, PA. I would be happy to speak with you in more detail about the specifics of your situation. Please feel free to contact me directly via phone or email.

    Michael J. Davey, Esq.
    Eckell Sparks Law Firm
    mdavey@eckellsparks.com
    610-565-3700

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  • Can I collect unemployment if I am offered a new contract but don't accept it, because duties differ?

    I have completed a 3 year contract and was offered a 3 month extension that ends in Sept. I accepted the extension but find that the duties are changing dramatically. Due to budget issues all other staff are being terminated. I will be expected...

    Michael’s Answer

    • Selected as best answer

    In providing this response, I am assuming that you are an employee and not an independent contractor. If you are an independent contractor, then you have no ability to claim or collect UC benefits.

    If you are an employee, the case law in UC provides that an employee who quits a job because the employer made "substantial and unilateral changes" to the employee's job may collect UC benefits. But, an employer is permitted to make reasonable modifications to an employee's job and quitting in the face of "reasonable modifications" is not enough to allow for UC benefits.

    What constitutes a "substantial and unilateral change," versus a "reasonable modification," is a determination that is made on a case-by-case basis and depends upon the unique facts and details of each situation.

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  • Hit by uninsured driver in delco pa, how do I go abt suing her and what can I go after

    I was at a stop light and was hit from behind by an uninsured driver, police were called. I soon found out she has NO insurance. she lives in a condo, her brother owns the car ,owns a house. she is now trying to dodge me, can I sue her and her bro...

    Michael’s Answer

    If you have uninsured motorists coverage on your personal automobile insurance policy, then you can obtain coverage from your own carrier, even though the individual that struck you was uninsured. However, it is important to put your insurance carrier on notice of the potential claim as quickly as possible. If you were injured in the accident, you may have the ability to recover pain and suffering as a result. Our office routinely handles many types of automobile accident cases and automobile insurance coverage issues and we are located in Media. I would be more than happy to speak with you in more detail about your case. Please feel free to contact me directly and I will review the issues with you.

    Michael J. Davey, Esq.
    Eckell Sparks Law Firm
    mdavey@eckellsparks.com
    610-565-3700

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  • Should I sue for unpaid wages? My former employer does not paying any employees an hourly wage. They receive tips only.

    My last day, I worked 9pm-3am and left with $33. We also must share tips, which I think makes the situation more unfair. If I bust my butt, the money handed to me, should be mine. I also had to clean an hour before the bar opened, and an hour afte...

    Michael’s Answer

    I agree with the previous answer, but wanted to add two other things:

    (1) If employer fails to pay the minimum hourly wages permitted via the tip credit, then the employer loses the benefit of the tip credit entirely and becomes liable to pay the full minimum wage rate for all hours worked; and

    (2) In addition to minimum wage violation claims, you would also have claims for unpaid wages under the Pennsylvania Wage Payment & Collection Law, under which you can also claim penalty damages and attorneys' fees.

    If you would like, please feel free to contact me directly and I would be more than happy to speak with about the details of your situation.

    Michael J. Davey, Esq.
    Eckell Sparks Law Firm
    (610) 565-3700
    mdavey@eckellsparks.com

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  • I have been laid off after 5 1/2 weeks due to lack of work. What can I do or what options do I have for an "unethical" situation

    I was "recruited" & offered more $$/benefits. When I received a call from a friend of this employer, I was wkg 40 hrs per wk as a med. recept. at another office. I accepted position based on a verbal contract. Now, 5 1/2 weeks later I am "laid o...

    Michael’s Answer

    From the facts you relayed, it appears that you would likely be eligible to receive unemployment compensation if you applied, given that you were involuntarily terminated for lack of work.

    From an employment standpoint, an employer is permitted to terminate an employee for lack of work or other economic reasons. And, as an "at-will" employee, you do not have any guarantee or expectation of continued employment under PA law. So any argument that your termination was unlawful because it violated the pre-employment agreement about the number of hours you were supposed to work, would most likely be unsuccessful.

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