Stuart M. Address’s Answers

Stuart M. Address

Stuart Employment / Labor Attorney.

Contributor Level 16
  1. How do you file a complaint for criminal negligence? Can this be filed against an attorney?

    Answered over 2 years ago.

    1. Stuart M. Address
    2. Alexander M. Ivakhnenko
    2 lawyer answers

    You cannot sue anyone for "criminal" negligence. Anything criminal is up to the State Attorney's office; you can certainly go file a complaint with the police and see if they refer it to the State Attorney's office. However, you may be able to file a civil case for negligence (professional malpractice). You may also be able to file a grievance against the attorney with The Florida Bar. You should discuss your facts in detail with a local attorney who handles legal malpractice cases and if you...

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  2. Can an employee be fired for horizontal violence when there is no proof?

    Answered over 2 years ago.

    1. Stuart M. Address
    2. Arthur Thomas Schofield
    2 lawyer answers

    In Florida, you are an at will employee subject to termination for no reason, a good or bad rason, fair or unfair reason, factually correct or incorrect reason. Your primary protection is agasint discrimiantion. Thus, you can be fired. You would not have a claim for wrongful termination unless it was based on discrimination relating to gender, race, age, religion, national origin, disability, or pregnancy. As for defamation, even if the other employee lied and you can prove it, you would at...

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  3. CHARGING SALES TAX FOR ORDERS ONLINE (FLORIDA)

    Answered about 3 years ago.

    1. Stuart M. Address
    2. Henry Daniel Lively
    2 lawyer answers

    This is quite complicated. Technically, the internet is still the Wild West. However, vendors are supposed to charge sales tax if they have a "brick and mortar" store in your state. If not, they can get away with not charging sales tax. However, even if they don't charge sales tax, you are STILL RESPONSIBLE legally for the sales tax and are supposed to report it and pay it as a "use tax", which I can say that perhaps nobody does and I have never heard of any action against anybody as a result...

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  4. Doesn't my PI lawyer have to negotiate an excessive medical lien, not just deduct the entire bill from my settlement?

    Answered over 2 years ago.

    1. Jeffrey Alan Adelman
    2. Jonathan Hayes Groff
    3. Robert Frank Melton II
    4. Stuart M. Address
    5. Tom Lindsey Copeland
    6. ···
    7 lawyer answers

    I agree with most of what the other attorneys said. Even though there are no points left on this question, I will give my additional two cents. Depending on the language of your representation agreement, your attorney may not have to negotiate your medical bills, and this might be your responsibility from your share of any settlement or judgment paid to you. However, it is more than standard that as part of the services PI attorneys provide to their clients that they work quite hard (the...

    4 lawyers agreed with this answer

  5. I,ve been slandered by management

    Answered over 2 years ago.

    1. Stuart M. Address
    2. Christian K. Lassen II
    3. Joel Jay Kofsky
    3 lawyer answers

    If management has complained to YOU, it is not slander. If management made the statements to others, and they were statements of fact, it might be slander but you might also have a situation of a qualified privilege depending on who the statements were made to. Also, while you might have a slander case such cases without any actual damages are difficult to win and most attorneys will not accept them on contingency fee contracts absent some special circumstance. In a homeowners/apartment...

    4 lawyers agreed with this answer

  6. Salaried employee made to work weekends

    Answered almost 3 years ago.

    1. Stuart M. Address
    1 lawyer answer

    If you are a properly exempt employee under the Fair Labor Standards Act (FLSA), you can be made to work as many hours as necessary whenever necessary to do your job. No additional compensation is required. However, often, an employee will "promote" you to a "salaried" position to avoid additional pay and/or overtime. If this was proper since your duties and responsibilites make you an exempt employee, it is ok. If you are not properly classified as an exempt employee, and are non-exempt, then...

    4 lawyers agreed with this answer

  7. Is it preferable to have a female lawyers in medical malpractice suits against male physicians

    Answered almost 3 years ago.

    1. Barry A. Stein
    2. Stuart M. Address
    3. Earl Kenneth Mallory
    4. Joseph Jonathan Brophy
    5. Christian K. Lassen II
    6. ···
    7 lawyer answers

    I believe I answered a similar question a few moments ago. It is best to post once. However, as to whether it is best to have a male or female attorney for this type of case, honestly I do not believe that it matters. What is important is to have a competent attorney with whom you feel comfortable and with whom you can relate and who you trust can convey your situation if necessary to a jury in a persuasive and sensitive manner.

    4 lawyers agreed with this answer

  8. How can I protect myself having received a surprise petition for a dissolution of marriage when I can't afford a lawyer?

    Answered almost 3 years ago.

    1. Stuart M. Address
    2. Kristopher Robert Reilly
    3. Juna Madray Pulayya
    3 lawyer answers

    Unfortunately, the answer is simple. You must get yourself an attorney. Many matrimonial attorneys will take on cases and seek recovery of their fees as part of any eventual property settlement so you don't have to pay upfront. However, if you are being sued for divorce and there are any disputes about property, assets, or children then you absolutely must have an attorney. I wish you the best.

    4 lawyers agreed with this answer

  9. How many times can a summons be issued?

    Answered almost 3 years ago.

    1. Stuart M. Address
    2. Bradford Petrino
    3. Curtis Lamar Harrington Jr
    3 lawyer answers

    If there is a valid basis for seeking reissuance of a summons, there really is no set number of times in which a summons may be issued. It is an issue for the clerk to issue a new summons and then for the court if the issuance of a summons which is finally served is to be challenged.

    4 lawyers agreed with this answer

  10. I brought a car from a dealer did $500 downpayment and a trade in and now they want to cancel the contract cause i dont want to

    Answered almost 3 years ago.

    1. Stuart M. Address
    2. Ronald Lee Burdge
    3. Linda Yin Liang
    3 lawyer answers

    The answer to your question all comes downt to the initial paperwork. If the purchase was subject to financing approval and you were not able to get approved, then they have the right to seek the return of the car. If the purchase was final and without a contingency, then they probably have no right to change their mind or require you to put a third party on the deal which just gives them someone else to go after in the event of a default. You might want to have a local attorney review all your...

    4 lawyers agreed with this answer

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