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Kennedy Legler III

Kennedy Legler’s Answers

10 total

  • Financial responsibility

    My finance was in a car accident and totaled a vehicle that was in my name and had no insurance. Now I owe $19,000 . Is he financially responsible for any of this? Also I traded in a car that I payed off and got a car for him in his name. My trad...

    Kennedy’s Answer

    YES...your fiance is financially responsible BUT so are you. You are both equally responsible. However, if you end up paying the whole thing yourself without any financial support from your fiance, you can sue your fiance for half so you would sue him for approximately $9500.

    NOW...if your fiance did NOT have permission to drive your vehicle and just took it and you end up paying the full amount, then the item would be considered stolen and he would be responsible for the full amount.

    AS far as the $3500 goes...that was a gift and there is no way to get that back. That is a lost cause I am afraid.

    Regarding the credit card... if he used them without your knowledge, and you did not know he was using them until you received your bill then you are not responsible for the $10,000 and you would tell the credit card company that your card was stolen and these were not authorized charges.

    I hope this helps!

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  • Did I get knowingly get shafted by my former employer and do I have any recourse other than being an unsecured creditior?

    My employer filed for chapter 11 on 6/01, my last day of employment was 5/30. I had a signed and dated contract on 5/30 for severance an unused vacation for $50,000. I read that the company had retained counsel on 5/24 in preperation for the filing.

    Kennedy’s Answer

    Unfortunately you do not have any recourse against the company.

    Were you shafted? Yes technically the company knew what they were doing. Maybe their economic situaiton was so dire they had no choice.

    Yes you could file to be an unsecured creditor but chances are you will likely get nothing. By the time the company has finished paying off its debts to other companies, the bank there will likely be nothing left for its employees because employees are usually one of the last ones in line to get paid. Secured creditors always get paid before unsecured.

    Hope this helps!

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  • What information is your employer entitled to?

    how much information do i have to disclose to my employers and who in the organization is privy to this information?

    Kennedy’s Answer

    You have disclose reasonable information. This includes your age, address, marital status, previous places of employment, criminal history, and many employers have a right to know about your medical history. It depends on the organization a lot of times. If you are working at a place that requires a lot of heavy lifting and strenuous activity, disclosing your medical history is not out of the ordinary.

    Who gets to see it?? Any of your superiors; that includes people in personnel, human resources, your boss, pretty much anyone above you.

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  • Can a potential employer mandate you give a copy of your pay stub from your previous employer?

    I work for a contract company and they lost the contract to another company. The new company has demanded that the applicants give them a copy of their pay stub from the previous contractor. Is this a violation of my privacy, and can they refuse...

    Kennedy’s Answer

    You do NOT have to give them a copy of your pay stub. That is not a violation of your privacy, so there is no actionable claim for them asking for that.

    If however they do not hire you because you refused to give them your previous pay stub, there is really nothing you can do. Florida is an "at will" state meaning an employer can hire and fire an employee for really whatever reason they wish minus of course discrimination based on gender, sex, race, disability and religion.

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  • Can my wife drop me from her health insurance at her employment just because she dosen't want to be married anymore and left.

    Health Insurance : My wife left me and now has told me she dropped me from her health plan at her place of employment. Can she do this before we are divorced as she has been the bread winner for years and carried the whole family

    Kennedy’s Answer

    Yes unfortunately she can do this. It is her insurance policy and therefore she can have whoever she wants on that policy. Even though you are still married, she can drop you or even the whole insurance plan at any time.

    Hope this helps!

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  • Employer added my picture on his ning site without my permission

    My employer added my pictures on his ning site without my permission. I do not have any aggreement or contract signed with him. Can he legally do this, and what are my rights on getting them off. I told him I do not want my pictures on his site bu...

    Kennedy’s Answer

    1. It depends on the content of the pictures; if they are demeaning and or personal then absent any contract stating otherwise, should you be able to prove that the pictures caused you some sort of emotional/physical/financial distress, then you would have a claim for defamation of character or invasion of privacy

    2. Absent a written contract, the employer can dictate vacation time unless he is discriminating against you based on race/religion/gender. If for example you are a female and he allows all the men to choose the times they take off, then you might have a claim for discrimination.

    I would suggest you secure a written contract from your employer and provide an addendum stating the times you would like to have off on vacation or state that you do not want your vacation time to fall on public holidays.

    Always best to get things like this in writing! Hope this helps!!

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  • Do i have any recourse as i am experiencing mid upper back pain as a result of air pocket on flight yesterday

    i was on a flight yesterday from las vegas to tampa and 1/2 hour prior to landing we hit what we were told was an "air pocket" myself along with the rest of the passengers literally popped up from their seats. luggage compartments flew open , i h...

    Kennedy’s Answer

    Unfortunately when you get on a plane you assume the risk that there is a possibility of turbulence. Furthermore, air pockets are likely considered acts of god and are out of the control of the airline and also the stewardess or pilot.

    The only way you would have an actionable claim is if you could prove the stewardess was negligent in putting the luggage up or failed to properly secure the drink station, and had the stewardess properly secured the luggage or the drink cart, then it would not have flown about and caused your injuries. However this will be quite difficult to prove.

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  • Can anything be done about an ex-wife posting slander on a public website (ie: Facebook)?

    My husband's ex-wife has posted comments about him (without using his name) on Facebook. It's obvious to everyone who she is talking about, and I consider it to be demeaning to his character. I asked her to remove the comment, but all she would d...

    Kennedy’s Answer

    It will depend on whether what was said was true or false...if it is true then there is really not much you can do other than sue for invasion of privacy esp. if it is something personal.

    If it is NOT true and you can show that he suffered damages via economic, emotional etc. and that it was viewed by prospective employers, personal friends, family members then you may have an actionable claim for defamation. Without knowing the substance of the remarks, it is difficult to say whether you have a claim.

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  • I puchased a certified used car from a local dealership earlier today. I am having issues already. Can I return it?

    The steering wheel has locked up three times while driving. The only way to fix it is to turn it off and restart it. I was nearly in an accident.

    Kennedy’s Answer

    This depends on what type of contract you signed when purchasing the car. If you signed a clause that stated you were taking the car "as is" or "with all faults" then I am afraid unless you can prove a consumer protection act violation, you might be out of luck. However, if you did not sign any such warranty, then depending on how long you have had the car, what type of warranty the car came with, and whether you have notified the dealer of these might be able to take your car back claiming the dealership violated the IMPLIED WARRANTY OF MERCHANTABILITY under the UCC §2-314. This section states:

    (1) Unless excluded or modified (Section 2-316...this is where the dealership says "you are taking this car as it is, with no warranty"), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale.

    (2) Goods to be merchantable must be at least such as:
    (a) Pass without objection in the trade under the contract description; and
    (b) In the case of fungible goods, are of fair average quality within the description; and
    (c) Are fit for the ordinary purposes for which such goods are used; and
    (d) Run, within the variations permitted by the agreement, of even kind, quality and quantity within
    each unit and among all units involved; and
    (e) Are adequately contained, packaged, and labeled as the agreement may require; and
    (f) Conform to the promise or affirmations of fact made on the container or label if any.

    In other words, goods must reasonably conform to an ordinary buyer's expectations, i.e., they are what they say they are. For example, a fruit that looks and smells good but has hidden defects would violate the implied warranty of merchantability if its quality does not meet the standards for such fruit “as passes ordinarily in the trade.”

    The other area you can come at this is a violation of the EXPRESS WARRANTIES BY AFFIRMATION/PROMISE/DESCRIPTION/SAMPLE (UCC §2-313). This would only work if the dealer said to you "Oh ya the car has no problems, the steering wheel works fine." That is an express warranty that the car has no issues/problems.
    (1) Express warranties by the seller are created as follows:
    (a) Any affirmation of fact/promise made by seller to buyer which relates to goods & becomes part of basis of bargain creates an express warranty that the goods shall conform to the affirmation or promise.
    (b) Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description.
    (c) Any sample or model which is made part of the basis of the bargain creates an express warranty that the whole of the goods shall conform to the sample or model.
    (2) It is not necessary to creation of an express warranty that seller use formal words such as "warrant" or “guarantee" or he have a specific intention to make a warranty, but an affirmation merely of value of goods or a statement purporting to be merely seller's opinion or commendation of goods does not create a warranty

    I hope this helps! Please do not hesitate to ask any other questions!

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  • Florida employee injured on job; employer has no workers comp insurance. Who pays for medical bills?

    ER has 3 full time EEs + himself. ER does not have Workers Comp insurance. EE hurt at work last Thurs. Reported injury to office mgr immediately. ER out of town until today. ER sympathetic but has not made any effort to offer payment for med...

    Kennedy’s Answer

    The issues set forth in this inquiry are more complex than they may
    seem. I will analyze each issue separately, followed by a final conclusion.

    1. Was the employer required under Florida law to
    carry workers' compensation insurance at the time of the employee's injury?

    Discussion: A business that has four or more
    employees is generally required to carry workers' compensation (separate
    rules apply for the construction industry). However, an owner or operator
    may not be counted as an employee under certain circumstances. For example,
    officers and corporations are considered employees, while sole proprietors
    and partners are excluded as employees.

    2. Was the injury to the employee incurred in the
    course and scope of his employment?

    Discussion: The definition of "course and scope
    of employment" can be some what complicated. However, it does not appear to
    be contested that the employee in the example was injured on the job.

    3. If there is no workers' compensation coverage, is
    the employer required to pay the medical expenses of the injured employee?
    Discussion: No, unless the employer was

    required to carry workers' compensation coverage at the time the employee
    was injured and did not, the employer may eventually be required to pay for
    his medical expenses.

    4. If there is no workers' compensation coverage
    available to the employee, and the employee has private health insurance,
    must the private health insurance pay for his medical expenses?

    Discussion: Generally yes, unless there is some
    specific policy exclusion in the health insurance policy, exempting workers'
    compensation injuries covered or not covered by workers' compensation

    Conclusion: Assuming the employer was not required to
    carry workers' compensation coverage due to less than four employee
    exclusion, then the employee's only recourse for payment of medical expenses
    would be his private health insurance company or self-pay.

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