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David Lance Dingwell

David Dingwell’s Answers

8 total

  • Can i legaly be fired because of gossip?

    there was a investagation at work involving some sexual rumors.i refuse to give a name as to where i got the information from.can i legally be fired?i have worked there for 5 years with a perfect record.

    David’s Answer

    You should review this matter with an attorney experienced in labor and employment law. Much of your answer depends upon whether you are a member of a union subject to any collective bargaining unit grievance process or other protections relating to discipline. If you have some other type of employment contract, that may also have bearing on what type of discipline they may apply in this particular situation. If there is no employment contract and you are strictly an employee at will, you may be limited in terms of your rights and remedies. However, if the discipline is more severe than what other employees in similar situations have been subjected to, then there is the potential of discrimination or retaliation depending on the specific circumstances. Generally however, employers have the right to investigate matters occurring in the workplace. Especially if the investigation involves issues of sexual harassment or other improper conduct. "Pleading the 5th" and keeping your job at the same time may not necessarily be an option. Employers expect cooperation in their investigations of these serious matters. Furthermore, the Equal Employment Opportunity Commission and the courts encourage employers to conduct thorough investigations to weed out and remediate harassment in the workplace. Therefore, the EEOC and / or the courts may not be very receptive to your complaint. You should therefore discuss this with an experienced lawyer to determine what rights you have.

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  • Can I cancel my employment contract?

    I signed a contract today, the 13th, for a teaching position that starts the 17th. However I have not sent in any of my paperwork to finialize the position. I just found out that I have another offer on the table with better pay in a different sch...

    David’s Answer

    You should have the contract reviewed by an attorney with experience in employment agreements. The provisions of the agreement itself may provide that either party may terminate the agreement at will. Even if it does not, you may still be able to terminate the contract and accept the other position if the prior school district's contract that you signed does not contain any restrictive covenants regarding where you can teach and it does not contain any penalty or liquidated damages clause for early termination. Keep in mind that this school district would likely give you a bad recommendation if they feel jilted by your sudden change of heart. To be safe, you should have an experienced contract attorney review the documents so that you know exactly what potential liabilities you may face if you do not follow through with this.

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  • If I have everything in a trust, do I need to put the children's names on the house title so to avoid probate?

    If everything is in a trust, do I need to put the children's names on the title of the house in order to avoid probate?

    David’s Answer

    I agree with the first answer. It is absolutely critical to confirm that the trustee of your trust is currently the titled owner of the real estate. If you deed the property to one or more of your children rather than to the trust, the terms of your trust will not reach the property because it does not own it. Also, you should make sure that the trust is listed as an additional named insured on any homeowners or property insurance that you have for that property.

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  • Working full time w/medical ins. Dr. restricted me at 8 months pregnant to 20 hour work week. Company cancelling my insurance!!

    Working full time w/medical ins. Dr. restricted me at 8 months pregnant to 20 hour work week. Company cancelling my insurance!!

    David’s Answer

    You should have an experienced benefits attorney review your employer's health plan agreement to determine what the eligibility criteria is for employees reduced to part time hours. If in fact you do not meet the required ongoing eligibility criteria, then you should be able to elect to continue your employer-provided medcial insurance by exercising a COBRA election. Again, having an experienced attorney reviewing the insurance plan agreement in light of your specific situation should provide you with the information you need to continue your coverage during and after your pregnancy.

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  • Probate

    I received a letter from the co-trustees that had a form K-1 in it from my mother's Irrevocable trust stating that starting 2008 and continuinf through 2011 that I will have to pay tax's on the remaining amount of the trust that will end in 2011. ...

    David’s Answer

    Depending upon the specific provisions of the trust agreement and the will, you as a beneficiary may in fact be limited in terms of your ability to direct the trustee on the management and investment of the trust assets. However, as a beneficiary, you may be receiving income distributions from the trust as a result of management and investment decisions by the trustee. If you are receiving income distributions, then the trustee may be authorized to issue you a K-1 schedule that reports what income has been distributed to you from the trust so that you are directly taxed for that income rather than the trust. Again, depending on the specific investments and the amount of income, this could actually be beneficial for you because the income tax margin rates are typically higher for trusts than they are for individuals. Therefore, if you are taxed in a lower income bracket than the trust, there are actually less taxes being paid as a result of the income flowing to you from the trust. If a K-1 is not issued to you, the trust would be required to pay those income taxes on the income, and the margin rate might be higher. The only way to evaluate this would be for you to have a tax professional review the trust's annual financial statements and what tax liabilities would be incurred if the K-1 was not issued to you.

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  • How do you get a retainer back

    We paid a retainer 3 month ago and nothing with ever filed againist us. Me and my wife would like all or part of our retainer back. What is the best way of doing this? We called the the lawyers office two weeks ago and asked for a detailed statem...

    David’s Answer

    Rule 1.15 of the Ohio Rules of Professional Conduct requires that an attorney that receives a retainer maintain those funds in safekeeping. Ohio specifically requires that the funds be deposited to a client trust account that is also referred to as an IOLTA account. The attorney may not withdraw those funds from the client trust fund until the attorney earns his or her legal fees or pays for client case expenses. "Non-refundable retainers" are prohibited by the Rules of Professional Conduct. Instead, the attorney must account for the retainer funds that you paid. Failure to account for those funds and/or provide you with a full refund of all amounts not earned may be a disciplinary rule violation. You can file a grievance with either the Ohio Supreme Court's Disciplinary Counsel (located in Columbus) or your local bar association's grievance committee. The Stark County Bar Association is a certified grievance committee, so you may choose to file your complaint with that office. In addition to a grievance, you may be able to file a disputed fee complaint with the Stark County Bar Association's Disputed Fee Committee. Another alternative, in addition to filing disciplinary and disputed fee complaints, is to file a lawsuit against the lawyer seeking the refund of the retainer. In addition, if the attorney's failure to take prompt legal action on your behalf has caused you additional damages, you may be able to recover more than just your retainer in a legal malpractice claim.

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  • How long do I need to keep my separated wife and her 2 children on my health insurance plan. They are not my children.

    Their biological dad thinks I should keep them on it. He is a contracted worker and does not get it. My wife, whom I am divorcing, cannot keep a steady job and can't keep insurance either. When can I stop paying for children that aren't mine, ...

    David’s Answer

    You should immediately consult with your divorce attorney regarding this question. The separation agreement, temporary orders, or divorce decree that is entered by the Domestic Relations court will normally determine exactly what your responsibilities are in terms of providing health insurance for your wife or soon-to-be-ex-wife. If there is no dispute that the children are not your biological children, and you have not legally adopted them, then you may not have any obligation to provide health insurance for those children that are not yours. Again, your divorce attorney can answer that question or file the appropriate motion in the Domestic Relations court to confirm what responsibilities you have.

    Once you determine what your legal responsibilities are under the divorce decree or temporary orders, the more important question will be whether your health insurance plan will even provide coverage to one or more of these individuals. If the health insurance plan is through your employer, an ex spouse is entitled to continued coverage for up to thirty six months pursuant to a federal law called COBRA. A divorce is considered a "qualifying event" that allows the ex-spouse to continue health insurance coverage benefits under that same plan for up to 36 months. Unfortunately, COBRA does not require your employer to continue paying the premiums for that coverage. Either you or your spouse must pay the monthly premiums for that health insurance coverage. Those premiums can be very expensive. Who pays that cost? Once again, you must consult your divorce attorney to determine whether the separation agreement or divorce decree requires you to pay those premiums during those three years following the divorce, or whether she is required to pay them, or whether you divide those costs equally.

    As for any minor children that are not your biological children, and were not legally adopted by you, few employer-sponsored health insurance plans would even allow such children to be considered eligible beneficiaries under the plan. If they don't live with you, and they are not your children, your health insurance plan may not even provide benefits for them even if you wanted to provide them with that coverage. To answer that question, you would need to review your health insurance plan agreement documentation to review who is an eligible participant or beneficiary under the plan. All health insurance companies are careful to define exactly who is and who is not an eligible beneficiary under the plan agreement. Ultimately, if the health insurance plan does not provide those children with any coverage, then even if you wanted to provide them with health care insurance pursuant to a separation agreement or divorce decree, you would probably need to purchase a separate insurance policy to provide them with coverage.

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  • Life insurance beneficiary

    if i have a child who is the beneficiary of my life insurance what do i need to do to insure that her father is not able to get this money if she is not of age 18 if i were to pass?

    David’s Answer

    As long as you are not subject to a court order that requires you to name the father as a trustee or custodian, you can create a simple trust agreement whereby you appoint a trustee that is someone other than the father (someone you trust to manage the money for your child until they are an adult) that will claim the life insurance policy death benefit upon your death and invest the money for the benefit of your child. You should contact an attorney to draft the trust agreement for you. While the trust itself can be very simple without a lot of complicated provisions, an attorney experienced with estate planning can make sure that your interests, and your child's interests are protected. After the trust agreement is signed, you would contact your life insurance company to change the beneficiary to the trust rather than to your child. Upon your death, the life insurance company will tender the payment of death benefits to your trustee who will then manage those benefits for your child without interference by the child's father.

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