Skip to main content
Mark Wayne Napier
Avvo
Pro

Mark Napier’s Answers

48 total


  • My dad got his leg amputated because of negligence of a nursing home do I have a case

    he ended up with a bad sore and it got infected and they chop his leg off from the knee down all because they couldn't take the footboard off for him

    Mark’s Answer

    Nursing homes in Ohio are strictly regulated by federal and state statutes. You should speak to an experienced nursing home attorney in your area right away. The attorney should know how to file a complaint with the Ohio Dept. of Health to have this matter investigated, and how to get all the public records available concerning the nursing home. And, nursing homes are to supply all the records pertaining to the resident to the resident or his or her legal representative within 72 hours, but you have to push them on this requirement. Most of them seem unaware of this regulation, or choose to ignore it. You can also check the "scorecard" on the nursing home by going to Medicare.gov and using their nursing home compare tool. Pressure sores are almost always avoidable. There is probably a case to pursue.

    See question 
  • My car has been impounded due to possible hit and skip. What should my next step be?

    It was towed early Sunday morning. After tracking it down I was told that it would be released once the investigation was over and will be receiving a letter saying so.

    Mark’s Answer

    From the information provided, I am not sure if you are a suspect in a hit skip or your vehicle was hit by a hit skip driver. If you are a suspect, contact a criminal defense attorney promptly. If your car was hit by a hit skip driver, the police may be keeping your car for a few days for their forensic personnel to examine the car, take photos, take paint samples, etc. Contact your insurance company also to report the hit skip IF your car was hit by a hit skip driver. Perhaps you have rental coverage while your vehicle is unavailable.

    See question 
  • Can I be let go during my probation period.

    In my 90 day probation period, a dentist broke my jaw and I had to have surgery. and my jaw wired shut. I was fired, is this legal?

    Mark’s Answer

    Unless you had an employment contract or were covered by a collective bargaining agreement that restricted the employer from firing you for this type of absence, then the firing is probably legal. If the dentist was negligent in causing your broken jaw, you may want to speak to a personal injury attorney about a possible negligence claim against the dentist for recovery of your resulting dental expenses, pain and suffering, and lost wages due to being fired.

    See question 
  • I was denied unemployment due to quitting. My reason was for working in a hostile environment. He was a bully to me.

    I worked there for almost 8 years. I have appealed this 2 times. I have a letter from a previous employee stating his attitude with me and a letter from my doctor that I have seen for a year now with ways to work with him. Do I have a right to un...

    Mark’s Answer

    His treatment of you may indeed give rise to "just cause" for quitting. Absolutely, you need to consult with an employment law attorney very soon to review your circumstances. Besides your unemployment benefits claim, you may have other potential wrongful discharge claims. The attorney will need some lead time before the hearing to prepare, send for a copy of the claim file, talk to any witnesses, and send subpoenas to compel any witnesses to attend or for your employer to disclose documents favorable to you. Don't delay. Good luck!

    See question 
  • Can my former employer keep my final paycheck?

    I recently left my position at a daycare that I signed a contract with the company to work at and I have not received my final paycheck. I have sent the company a Demand for Final Wages and still have heard nothing. I'm not really sure what th...

    Mark’s Answer

    Under what is commonly referred to as the Ohio Prompt Pay Act, an employer must pay its employees at least twice a month. If more than 30 days have passed since the regular pay day without payment of wages, then you may have a claim for non-payment and are entitled to what is owed you plus 6%. Call the Ohio Department of Commerce, Wage and Hour Bureau, at 614-644-2239 for information on how to file a complaint.

    See question 
  • I wrecked my car and am in fault, the other party is asking for a large amount but don't provide history service on the vehicle

    I left my information to the person I bumped into with my car (i was driving 30 mph). they called me last month saying they were getting they're car repaired and it would cost me $7000. I ask to have a second opinion from another collision center ...

    Mark’s Answer

    I think its worth your while to consult with and possibly hire an attorney to investigate the $7,000 repair bill and perhaps negotiate a lesser amount for you to pay along with payment arrangements you can live with. Otherwise, this may turn ugly and result in a judgment against you, impact your credit worthiness, subject you to wage garnishment, impact your employment, and result in a license suspension until the judgment is paid. Get an attorney now, not later when its too late to undo the damage.

    See question 
  • When do they remove evidence from a car accident and where does it go?

    If two people are in a car and it crashes and their luggage and a purse is in the trunk when the car is impounded, do they take the luggage and the purse out of the trunk on the scene or back at the impound lot?

    Mark’s Answer

    Depends. If criminal activity is suspected, the police may conduct an inventory search of all compartments of the car. If only a car accident, without suspicion of criminal activity, the trunk may never be searched. Call the impound lot and tell them you want to get your items out of the car. If there is a hold on the car, they should be able to inform you who you should contact to get permission to get your items. Good luck!

    See question 
  • My company is not honoring my employment agreement, and are documenting "write ups" and threatening termination for poor perform

    My current company recruited me away from my previous company, and made commitments that they are not honoring. I was in an operations/regional sales management roll previously (with a very large customer/employee count), and they recruited me fo...

    Mark’s Answer

    Your circumstances are not suitable for a quick answer on Avvo. You need to promptly schedule a consultation with an experienced employment law attorney in your area to review your circumstances and any potential legal claims or solutions. Gather any written employment agreement documentation and correspondence that relates to your circumstances to provide the consultation attorney to review.

    See question 
  • How long has "At will" employment been the law in Ohio?

    I never heard of it until earlier this year when our employee handbook was reissued and someone asked what "at will" meant.

    Mark’s Answer

    The "at will" employment doctrine arose in the 1880s during the Industrial Revolution. Federal, state, and local governments followed a free market philosophy and rarely intervened in employment practices. This doctrine afforded mutual rights to employees and employers. Employers could terminate employees at any time, and employees could quit their employment whenever they wanted.

    See question 
  • Do I need a lawyer

    The company werner enterprises is getting ready to fire me I belive for a accident that wasnt my fault the brakes went out on my tractor and I hit a moving train

    Mark’s Answer

    If you work for Werner, I will presume you are a commercial tractor-trailer driver. As you know, the FMCSA regulations and your company's employment manual, require you to conduct a thorough pre-trip inspection, including multiple checks for any braking system defects. You need to review all of this with a local employment attorney. Your attorney might be able to negotiate a severance package or at least lessen the consequences of this accident that might jeopardize your CDL. Don't go alone on this.

    See question