Scott Thomas Fortune's Answers

A consultant in FL was paid to update a business plan. It wasn't done. How can I get the money payed refunded?

If you have a judgment against a company that is not collectible, you can try to have it collected from the new company that is run by the same consultant. If the consultant is the "alter ego" of both companies, he may be personally liable. An "alter ego" means that there is no real legal difference between him and his company. This is often the case in a small company, with 1 or 2 employees. This would depend on whether he and the company file separate tax returns, whether he pays for...

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I need a non-compete contract lawyer

You can probably avoid the non-compete. Sounds like bad faith by the employer. Your employer had a duty to enter into your contract in good faith. That seems to be lacking here. It may also have acted unconscionably. See a lawyer. I would challenge the non-compete.

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If a golf course cancels my annual membership in the middle of my contract do I deserve a full refund or prorated refund?

Unless your membership agreement says otherwise, you can sue for the loss of the benefit of your bargain. If the canceled membership causes you to incur expenses, you may be able to recover those too. But your membership contract may limit the damages recoverable I either party breaches. See a lawyer if you feel the breach was unjustified. If they canceled your contract due to some prohibited conduct on your part (bad behavior on the course) then you will likely lose.

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CAN AN EMPLOYER FIRE YOU FOR MISSING WORK EVN IF YOU HAVE A DRS NOTE OR A HOSPITAL NOTE TO EXCUSE THE ABSENCE

Unless you were out on a protected leave, your employer can fire you. If your employer has 50 or more employees, you may be covered/protected under Family and Medical Leave Act (FMLA). The FMLA allows you up to 12 weeks of leave, without pay but while continuing benefits, if you are out due to a "serious health condition." Were you out on FMLA leave? If so, your employer may not fire you for that reason. Alternately, you may be covered under the Americans with Disabilities Act (ADA). If...

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Employment question. Will going on short term disability automatically take me off FMLA, which secured my job?

If you have worked with your employer for a year or more, you are entitled to 12 weeks of FMLA leave for a qualifying serious health condition. Whether you qualify for short term disability benefits (STD benefits) is a different matter which is governed by the definition of "disability" in the STD contract. If you receive STD benefits while you are on a qualified FMLA leave, it will not affect your right to have up to 12 weeks of FMLA leave. Most employers will count the first 12 weeks...

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Am I entitled to this money?

If your state allows attorneys fees for such a claim, you may be able to get a lawyer to help you. And the seller may be guilty of conversion or fraud. You may get double or triple damages, plus attorneys fees. See a lawyer.

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Is it OK to request a copy of the signed settlement agreement from your attorney?

Yes. Your attorney should be able to provide you with a copy of the settlement agreement. We always give our client a copy of the signed agreement at closing (at the end of the case when the money is paid out). If he or she is busy, it may take a few days, but if it takes more than a week, you should call and ask what's going on. If my client thought the signatures were odd, I would want her to tell me. I could let her know if I agreed, or if there was a simple explanation.

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Is it legal for a job to tell you have approved vacation and then not pay you for it?

No employer is required to pay for, or even provide, vacation pay. But it may not fail to pay for an illegal reason such as race, gender, pregnancy, age, disabity.

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Could I make a lawsuit out of this?

Your bank can charge you a fee for being overdrawn. The best thing is to talk to a manager and ask that the charge be withdrawn. If you have not been overdrawn before, they will probably agree to your request. Do not DEMAND that it be withdrawn, but simply make that request. If your account was overdrawn due to an error by the bank, it is likely that they will withdraw the charge. The branch manager usually has discretion to do so. No lawyer would take a case based on a $50 overdraft...

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Do i have a case?

The company is not liable for an unforeseeable act of vandalism. But if it happened twice, and was about to happen a third time, the employer may be liable. Did you notify the employer the first time? Also, the company would be liable for the foreseeable act of vandalism (that is, it was foreseeable on the second, and definitely the third occasion) regardless of who was doing the damage/vandalism. The key to the property owner's liability is: 1. are you parked there with permission? and 2....

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