Stuart M. Address’s Answers

Stuart M. Address

Stuart Employment / Labor Attorney.

Contributor Level 16
  1. CAN MY LANDLORD REFUSE RENT?

    Answered over 2 years ago.

    1. Marva Lynn Wiley
    2. Stuart M. Address
    3. Carol Lynne Zimmerly
    3 lawyer answers

    If the notice was solely for non-payment of rent, yes he would have to accept the rent plus any late charges provided under the prior lease which is now month-to-month. I agree with the other attorney that if you are sued you should immediately file a motion for permission to deposit the rent into the court registry and then make a showing that you tried to pay him within the 3 days. If there were any other stated reasons (i.e. some other breach of the lease terms), you may have other issues....

    5 lawyers agreed with this answer

  2. Do I have a deformation of character case? Libel per se.

    Answered over 2 years ago.

    1. Stuart M. Address
    2. Jacob Adam Regar
    3. Michael Richard Jackson
    3 lawyer answers

    I agree with Mr. Regar. Statements to unemployment are subject to a qualified privilege. It is unlikely that you would have a successful defamation case under these circumstances though it is always possible you can find an attorney who will be creative and try on your behalf. If the statements are repeated to third parties, for example prospective employers, and you can prove them and they are statements of fact versus opinion, then you might have a claim. You might want to look at my guide...

    5 lawyers agreed with this answer

  3. I have a work injury. I have had surgery and I'm still in pain. I want to change my doctor. To one i think is better.

    Answered over 2 years ago.

    1. Stuart M. Address
    2. Robert Frank Melton II
    3. Christian K. Lassen II
    4. Andrew Daniel Myers
    4 lawyer answers

    If you have a work injury, you should absolutely have a lawyer. A lawyer can ensure that you receive proper treatment without difficulty and help to ensure that there is no retaliation from your employer as a result of the compensation claim. Without a lawyer, many employers do not fear retaliation whereas with one they realize the employee is aware of their rights and they might need to toe the line. As for changing your doctor, you can certainly do that though you probably want to do it in a...

    5 lawyers agreed with this answer

  4. What is a courtesy copy of a civil action exactly?

    Answered over 2 years ago.

    1. Stuart M. Address
    1 lawyer answer

    Typically, a courtesy copy is a copy being provided to you as a courtesy other than through formal service of process of a lawsuit. It doesn't require you to do anything until you are properly served but gives you notice of the lawsuit so perhaps you have more time to get an attorney. Sometimes, though, a "courtesy copy" is a tactic and is only a "draft" of a complaint which has not even been filed yet. You can check with the clerk to see if any such case has been filed. If not, its a tactic to...

    5 lawyers agreed with this answer

  5. Report me to the Bar Association

    Answered over 2 years ago.

    1. Stuart M. Address
    2. Inga L Stevens
    3. James Thomas Kinder
    4. Christine C McCall
    5. Charles Thomas Jr.
    5 lawyer answers

    You don't say what the remark was. Whether you have a viable bar grievance depends on what was said and what was done. The Bar only deals with ethics violations. If the issue is fees, the Bar may be able to refer it to mediation. If this still doesn't work, you could sue for breach of contract is there was one which would support a refund. I'm not sure what else to say given the lack of much information in your question.

    5 lawyers agreed with this answer

  6. Where is it legal where you can make fun of someone's religion?

    Answered over 2 years ago.

    1. Stuart M. Address
    2. Charles Thomas Jr.
    2 lawyer answers

    This is a very vague quesiton. You can make fun of anyone's religion under the 1st Amendment. Ridicule is not against the law and would not constitute defamation. Of course, if you make false statements of fact about a person, you could have trouble. However, even false statements of fact about a religion is probably not actionable because a court will not delve into the truthfullness of falsity of a religious principle. I'm not sure why you would want to make fun of someone's religion but that'...

    4 lawyers agreed with this answer

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  7. Employment Descrimination

    Answered over 2 years ago.

    1. Stuart M. Address
    2. Barry A. Stein
    3. Barry F Gartenberg
    4. Ty Hyderally
    4 lawyer answers

    You might. Additional facts are needed so you should call a local employment attorney. However, a key question is whether the "younger" employees were all under 40 (outside the protected classification) and whether you are over 40 (inside the protected classification). If so, you might have the potential for an age discrimination claim and should discuss all the facts and circumstances with an employment/discrimination attorney.

    5 lawyers agreed with this answer

  8. Do I need a wrongful termination or sexual harassment attorney?

    Answered over 2 years ago.

    1. Marilynn Mika Spencer
    2. Frank Wei-Hong Chen
    3. Stuart M. Address
    4. Rabeh M. A. Soofi
    5. Hadi Edward Ramsey
    5 lawyer answers

    You may have a wrongful termination and/or sexual harassment claim depending on much more facts than you present. Thus, you should discuss your detailed factual situation with a local experienced employment attorney. You should know though that simple verbal abuse unrelated to a protected classification (such as gender, race, age, religion, national origin, disability, pregnancy, etc.) are generally ok in an at will employment state even if unfair. The abuse has to be based on a protected...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Can I still come under whistle-blower laws for private companies/employee who refuse to do something illegal and was discharged?

    Answered 29 days ago.

    1. Stuart M. Address
    2. Richard Bernard Celler
    3. Joseph Charles Shoemaker
    3 lawyer answers

    Your situation will require actual contact with an attorney to discuss the detailed facts. If you were dealing with a public employer, then it is the public version of the Whistleblower Act which applies. If so, you would not be able to utilize the private Whistleblower Act. You do have a statute of limitations issue. You say the "retaliation" occurred on 12/31/12 and if the 2 year statute applies, you are still within it. However, it is unclear what "retaliation" occurred if you were...

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  10. Do I have to provide production against a default judegment?

    Answered over 2 years ago.

    1. Stuart M. Address
    2. Lewis Matthew Roberts
    3. Charles F Basil
    3 lawyer answers

    In Florida, there is a standard form of request for production approved of by the Supreme Court that is almost always sent out and which you are required to respond to otherwise risk contempt. Indeed, I have even had a couple people jailed until they responded after ignoring a couple of Orders of the Court to comply. In addition, other discovery of assets beyond the standard form is also permitted. Whether the request you have goes too far can only be answered by an attorney who reviews it....

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