Skip to main content
Marc D. Amos

Marc Amos’s Answers

6 total

  • Can an employer make a salaried employee clock in and out ?

    We are required to clock in even though we are on salary (teachers). We were told that it is to keep up with absentees, but there are rumblings that central office is going to run a report from the time clock and if we aren't clocked in, we will ...

    Marc’s Answer

    I assume that you have a contract with your school district. That contract will define your job duties, as well as timeliness requirements, etc. While Mississippi is an employment at will state, the contract provisions will control. Practically, I can't imagine that any real issue would arise, as I'm sure that even if you missed clocking in on a particular day, there would be provisions to recreate / correct the oversight. To answer your question specifically, an attorney would need to review your contract to determine whether it has a provision that would allow (1) clocking in or some other attendance check point, and (2) whether the contract allows for "docking" in the event of a failure to clock in. I would think that a "worked" day - even if not clocked in - would have to be compensated. However, I would also think that repeated missed "clocked in" days could create a red flag situation for continued employment.

    See question 
  • OUR AC/HEAT UNIT WAS HIT BY LIGHTING, WHEN WE CALLED THE INSURANCE THEY SAID WE WERE NOT COVERED BUT POLICY SAYS WE ARE COVERED

    BY LIGHTING, WILL THEY PAY

    Marc’s Answer

    I would suggest talking with your agent again. Provide your agent with a statement from the AC/Heating repairman which states that the unit was hit by lightning and is no longer operable due to that fact. Then ask your agent for a written explanation with respect to "why" your policy does not provide coverage. I would then suggest taking the written explanation, along with copies of the policy and AC/Heating repairman's statement to your attorney for review. In Mississippi, in order to establish a claim for bad faith, you must prove that the company denied your claim without an arguable basis.... In other words, that coverage clearly existed and the company had no "good faith" reason for denying the claim. The above proof would assist your attorney in assessing your claim and providing you with assistance.

    See question 
  • Mold in rental property

    just moved in within the month and the mold was painted over. it has recently rained and showen itself

    Marc’s Answer

    I'm not sure what your question is.... However, assuming that you want something done about the mold, you should consider doing several things. First, review your lease and determine whether it has any provisions that might apply to your situation. Mold can - in certain situations - provide some potential for health issues, so the landlord will probably want to correct the problem. So I would suggest contacting the landlord and informing them of the problem. If the problem persists, then you can consider taking action. A landlord is required - pursuant to the Mississippi Residential Landlord Tenant Act - to comply with the requirements of applicable building and housing codes that materially affect health and safety, and is further required to maintain the dwelling unit, its plumbing, heating and cooling system, in substantially the same condition as at the inception of the lease. If the landlord refuses to correct the problem, then you can (1) give 30 days written notice of the breach of the lease, and (2) assuming no repairs are made, either terminate the lease or make the repairs yourself and hold that amount back (assuming it is less or equal to one month's rent).

    See question 
  • Tenant signs 1 year lease and after 2 months decides he is paying too much and moves.

    Tenant signs a 1yr lease for $600,00 a month and after 2 months he was told by a goverment agency that he was qualified for a $400.00 house. He decided only to pay me that much. After explaning to him about the lease he agreed to pay us the full ...

    Marc’s Answer

    I assume that your tenant now seeks to pay you through HUD. Assuming your lease wasn't contingent upon the amount of money approved by HUD, then your tenant is responsible for paying the remaining sums owed on a monthly basis. Since he has now moved, you could sue him in justice court for the amount owed ($200 arrears, plus $600 per month until you rent the house to another renter). In addition, to the extent that you cannot rent the house for $600 per month to your new renter, the former tenant would be responsible for the deficiency. From a practical standpoint, unless the tenant has assets or a steady job, you may be chasing a judgment that will not yield any real return. However, if he has either, then you can execute on the judgment, garnish his wages, etc. Keep in mind that you'll only get one bite at the apple, so you may want to consider waiting on filing suit until you have found a tenant, so that your damages are concrete and provable.... So long as you file suit in a reasonable amount of time - certainly before the statute of limitations expires. Finally, justice court has a jurisdictional limit of $3,500. So, if your damages exceed $3,500, you will need to file suit in either county (if there is one) or circuit court.

    See question 
  • I am going out of town indefinitely and need to make my mother temporary legal guardian of my son while gone. How do I do this?

    I am going out of town. I need to give temporary legal guardianship ot 14 yr. son to my mother. How do i do this? Can it be done without a lawyer?

    Marc’s Answer

    I would recommend considering either a general and durable power of attorney, which would enable your mother to act in your stead, or if you want to limit her authority, a limited medical power of attorney so that she could make medical decisions for your child. This, of course, assumes that your "out of town" trip is of limited duration, as opposed to months. Your heading says "indefinitely," but your message didn't identify a time frame. If you are going to be out of town for an extended duration, you definitely need to see an attorney, as you may wish to have the Court award temporary custody to your mother. This would probably require notice to the father of the child, as he would be an interested party. Regardless, I would recommend contacting your local attorney for assistance.

    See question 
  • How do I file an appeal in mississippi in a child custody case?

    My ex has 2 felony drug charges, plus 2 domestic charges. Our daughter is 8 and has been in my care and custody all her life. We went to court on July 29 and the courts rule for HIM to have custody!!! I've already filed a petition for rehearal o...

    Marc’s Answer

    I'm sorry to hear about your legal problems. You should contact the Mississippi Bar Association - (601) 948-4471 - to see if there is any assistance it could provide. You should also immediately seek further legal representation. The following information is general in nature, and may not be applicable to your specific legal situation. Generally speaking, post-trial motions (such as a petition for rehearing) must be filed within 10 days of the entry of final judgment. After those motions have been ruled upon, an aggrieved party must file a notice of appeal with the trial court (chancery or circuit clerk) within 30 days of the court's ruling on the post-trial motions. Within 7 days of filing the notice of appeal, one should deposit the estimated costs of appeal with the court, and a supersedeas bond should be filed (to stay execution on the judgment) within 30 days. Notice should be given to the court reporter to transcribe the record, and upon transcription, the record should be designated.

    See question