Jason Lucas Gunter's Answers

Is a business liable for injury even if the injury is reported several days later?

Sorry about your hip. Initially, you would have to prove a negligent act, such as the placement of the post etc. Its a very tough case even if you did report it right away and had a witness. To answer your question, yes, the business "could" be liable, but its a matter of proof that it occurred and the delay in reporting weighs against you in an already tough case. Also, not to diminish your pain, but generally the client needs a fairly significant injury, for example a broken bone, in...

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Is there a law that requires employers to have a set pay day?

Frustrating I can imagine. No such law exists. Its basically a contract . . . he performs work and they aree to pay him at a rate and frequency agreed. Sounds like they are on shaky financial ground . . . your husband is going to have to keep dealing with these delays or consider moving on . . . if they fail to pay him, he would have a claim for breach of contract for unpaid wages and perhaps a federal minimum wage claim. Good luck to you both.

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Should I request a personal injury settlement amount or wait for an offer from the defendent?

As an initial matter, continue working hard and in good faith with your attorney to get a positive outcome. Try to be patient when you get frustrated. The case itself has some potential but its far from perfect . . . it also can be a challenge for a doctor to differentiate between the two injuries. The good news is that it sounds like they want to negotiate. Be honest with your lawyer and tell him you need his opinion on the likely range of outcomes if the case were to be tried. One of...

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If you are past the 300 days to file an EEOC complaint and you file a complaint with the FCHR could you get a right to sue?

You have 365 days to file your FCHR complaint. If you did that, then you are traveling under "state law" . . . FCHR will not issue a "right to sue" because that is typically a form issued by the EEOC. However, if FCHR does not make any finding after 180 days, then you have the right to proceed in court as if they had found "reasonable cause" . . . If they find "no reasonable cause" within that time, then you are relegated to an administrative hearing (not court). This can be very complex so...

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Can I sue my auto insurance company for an accident over a year ago?

There are a number of issues here, but the short answer is that you should get a free consultation with a Florida personal injury attorney. You are well within the statute of limitations. Yes, there will be issues with causation (i.e. whether your problem was caused by the accident), but those can be debated in negotiations. An attorney can help you get to a doctor to get further evaluated if necessary. The doctor will ultimately need to relate your injury to the accident. There are...

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If i was injured in a food store in maryland on a wet floor and tore my achilles tendon is the suit filed in maryland or in penn

Your suit can generally be filed where the incident occurred, or where the defendant "rides" . . . This sounds like a case where an attorney would give you a free review and answer both venue questions and liability stuff. Its a serious injury and these are tough cases, so get it reviewed ASAP . . . Plenty of qualified Maryland lawyers to look it over

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Do I qualify for back overtime pay based on the following information?

Hello, I did some quick research on the job in general and it looks like most employers treat the position as non-exempt and pay overtime. It comes down to analyzing your duties specifically . . . however, it appears you may be misclassified. If I am missing something, my feelings won't be hurt if another AVVO lawyer points it out. Attorneys will give a free consultation on FLSA cases so you should have it evaluated when you get a moment and can email or call a lawyer. Also, you need to...

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The company is not paying my vacation time accrued from 2010.

This is going to turn on the company's written policy. To cut to the chase, you should ask human resources about the 2 weeks and get their position. If there is nothing in writing expressing a forfeiture of past vacation accrued, there is Florida caselaw indicating its been "earned" and you are entitled to it . . . I have seen employees recover vacation pay in small claims court.

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Is an overtime case worth over 100k for a single individual a lot?

I agree with Attorney Slack. In my experience, a $100,000 OT "claim" or even a "settlement" would definitely be on the very high end for a single plaintiff . . . you would need to have a high effective hourly rate and/or significant OT hours worked . . . But, you have to consider "liquidated damages" a/k/a "double damages . . . so, if you have $50,000 in a base OT claim, you can easily get to 100k by applying the FLSA liquidated damages provision. If you have a claim anywhere near that...

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The only downside of filing with the FCHR than the EEOC is if they find "no reasonable cause" within 180 days?

Its certainly helpful if they find reasonable case . . . but, the vast majority of cases I have been involved in the agency's findings are not admitted into evidence . . . It does make it easier to secure at attorney sometimes if you have a "reasonable cause" finding . . . good luck

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