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Kevin Michael Monsour

Kevin Monsour’s Answers

53 total


  • Would i be able to fight my non compete clause in court?

    Im planning on leaving my job and starting my own business. I will be doing work that i currently do now in addition to work which my current company isnt set up too do. I will be offering services my company doesnt offer.

    Kevin’s Answer

    Non-compete clauses in Kentucky are generally legal as long as they are reasonable in time, scope and geographic reach. Based on your brief description, it sounds like you would be fighting the scope: specifically, a non-compete cannot be used to keep you from being gainfully employed. It can be used to keep you from taking clients from the other company, though. So it really is case specific, and will depend on the type of work you are currently doing.

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  • Do I have a case?

    I work full time, for a corporation in Kentucky. I have been employed here for a little over a year. For the last few months, I was put in a position to where I would have to work, off the clock, through my meal breaks. Sometimes, I was scheduled ...

    Kevin’s Answer

    Depending on the specific circumstances, your employer may be in violation of Kentucky law. There are two required breaks under Kentucky law. One is a reasonable break for a meal break. If you are required to work (such as answering phones) through a meal break, you must be paid for the time. If you are not required to work it can be unpaid, even if it you are not allowed to leave.

    You are also entitled to one 10 minute /paid break for every four hours worked, in most circumstances.

    Without knowing more details, it is difficult to give you specific advice about what actions to take. Have you complained to the "higher authority"? What is your job? How many employees are there? You mention an "un-adjusted time card", does this mean they are doctoring time cards? Was any adverse action taken against you for reporting the incident the first time?

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  • I received a refund check from the nursing home after my father died in the amount of 3100.00. I am administrator..can I cash it

    I also have five brothers and sisters who waived their rights when I was appointed administrator.

    Kevin’s Answer

    Mr. Compton is absolutely correct. Additionally, it sounds like they just waived objections to your being named administrator. Being administrator means that you swore an oath to act in the estate's fiduciary interest. That means that if the estate owes a third party for those expenses, your job would be to see that the third party is reimbursed. It means that if the money is reimbursing the estate, that the estate get the money. Because there was no will dividing the assets, the assets must be divided among the heirs according to state law. You should consult an attorney.

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  • Accidentally gave the wrong SS number, is that a felony?

    when I got caught shoplifting, I was so frantic and upset that when I was asked to give my Social Security Number I missed one number in the first set of numbers. It was not intentional, i was just so scared and said 8 instead of 3. I called the c...

    Kevin’s Answer

    You should hire an attorney to defend your case anyways. Find a competent criminal defense attorney in Fayette County through the lawyer search abve, and hire them to represent you. In most cases in Fayette the prosecutors probably won't be looking at your misdemeanor case until it comes up for arraignment/pretrial. At that time, they could attempt to add another charge if they feel it is warranted, so it would make sense to have your attorney in place already to deal with that.

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  • SS disability discrimination

    I have- a cyst on one of the kidneys a cyst on the pancreas hyperthyroidism heart disease Multiple Sclerosis Maybe oral cancer- this part is not confirmed yet. Theres something on the tongue that strongly looks like it. I have 3 at l...

    Kevin’s Answer

    The criteria for disability for an adult is that it: 1) results in the inability to do any substantial gainful activity; AND (one of):: 2) can be expected to result in death; OR 3) has lasted or can be expected to last for a continuous period of not less than 12 months.

    It isn't enough just to have the conditions that you mentioned. You have to show that their prevent you from being able to work. If that is the case, then I would recommend hiring an attorney in your area who specialized in SS disability.

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  • Is it legal for an employer to refuse an employee smoking in their own car?

    Employer forces employees to take breaks outside in dark by a creek that has snakes in it and refuses to allow employees to smoke or take breaks in their own vehicles outside on employer parking lot. Legal or illegal?

    Kevin’s Answer

    In Kentucky, you cannot be discriminated against for being a smoker, but you have to comply with all workplace rules. If your break is unpaid, you should be allowed to leave the property and smoke. But note, that the employer does not have to give you breaks for smoking, just an unpaid lunch period if you qualify (number of hours worked in a row) and a 10 minute paid break for every four hours worked.

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  • A woman has accused me of posting a picture of her newborn on my fb...saying I have posted this picture without her permission.

    I did no such thing. supposedly she posted the police report on her fb,...now what?

    Kevin’s Answer

    I am confused about what you are being accused of doing.. Who took the picture? Where was the picture taken? What is the content of the picture?

    What does the police report say? Unless there is some element you are missing in her accusations, I don't see a crime. . Depending on the answers to the first paragraph, there may or may not be some other action availed to her (civilly).

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  • Is it legal for a manager to make you work a shift for free (volunteer your hours) if you forget a name tag? Quote is in details

    Every time I walk in to either * or *, there's seems to always be at least one person who isn't wearing their nametag. When I bring it up with the person, all I hear is b.s. excuses. Upon speaking with a number of managers and employees, I have ...

    Kevin’s Answer

    Simply put, it is not legal to do this. They can terminate you for not wearing the name tag, but they cannot not pay you for your labor.

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  • Is it wrongful termination or discrimination? What should I do?

    Im a RN w/ a HISTORY of license discipline for diversion. My board of nursing investigated the charges implied by a different state board & totally reinstated my license. Got a state job 10/12 even with my discipline. 1 1/2 yrs later the OTHER ...

    Kevin’s Answer

    You may want to inquire with a local attorney. If the state board's suspension, while inadvertent, puts your employer in a position of having a suspended/unlicensed nurse working for them, then they likely have a non-discriminatory, legitimate, reason for the termination. If you are not a contractual employee, then they can fire you for any legitimate non-discriminatory reason.

    The next issue, of course, is whether your history of substance abuse is a disability or perceived disability. That will be very fact dependent, and depend on how or why they know about the history. Talk to a local attorney.

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  • How do I avoid paying a bill from a signed contract of an orthodonic bill of our child ?

    We both signed a contract with an orthodontist to half the cost of our childs braces. I have paid mine in full, and the orthodontist office is calling me demanding payment/

    Kevin’s Answer

    I assume this is between you and the child's other parent, who you are not currently married to. If you both signed a contract with the orthodontist agreeing to pay the full amount between you, and you separately agreed that each of you would pay half, then you are responsible for the full amount, and have a separate claim for the restitution from the other parent.

    If you signed a contract with the orthodontist saying that you would pay X, and the other parent signed a separate agreement promising to pay X, then the dentist might not have a claim against you directly...but does have a claim for whatever recourse may exist considering the braces that are currently on your child's teeth.

    Assuming you have a child support agreement or order in place, it might make sense to address this promise as a part of your agreement as a family law matter before the same judge.

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