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Mark Wayne Napier
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Mark Napier’s Answers

48 total

  • Why does a Geico SIU want to come see me? Do I need a lawyer?

    I come back to the parking lot one day, see a dent/damage on each side of the car. Report the claim to GEICO, take the car to the express center, adjuster tells me they'll be two separate claims since they cant be a part of the same incident. I sa...

    Mark’s Answer

    GEICO is apparently suspicious because you reported parking lot damage to opposite sides of the car occurring on the same day or first being noticed by you on the same day. Its out-of-the-ordinary from what they typically see. But, there are multiple ways this could have happened. So, consult with an attorney right away on how best to respond to the investigator's inquiries.

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  • My boss harasses me of something I didn't do?.....how do I file a harassment charge on her for harassing me ?

    I work for walmart for 6 yrs. and my boss says I took a order for a customer and it was messed up cause she had to give it for free.....I told her I didn't take the order she said I got to pull the camera I said pull it cause I didn't do it....so ...

    Mark’s Answer

    Not good that you quit. Always refer to your employer's complaint procedures in your employment handbook or online, and strictly follow that procedure if you have a complaint about a supervisor. You can apply for unemployment benefits, but if you are determined to have voluntarily quit, you will be denied benefits. You will have to argue and prove that any reasonable person in your circumstances would have been compelled to quit. Next time, never quit, unless you are being ordered to do something clearly illegal or unreasonably dangerous. Instead, make the appropriate complaint.

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  • My former employer wants to mediate but is vilifying me with exaggerated/false statements. Is this normal?

    I filed discrimination with the EEOC for my former employer after they terminated me. They want to mediate and I am ready to put this behind me because it's taken a lot of emotional toll-- but their rebuttals for the termination are making me sou...

    Mark’s Answer

    Unfortunately, employers do frequently allege misconduct on your part as a defense. Your summary does not state on what protected characteristic you base your discrimination claim - race, gender, age, disability, etc. What you need to show is that you were treated more harshly than other similarly-situated coworkers for the same or similar conduct who are outside your protected class. The motivation and reasoning of the employer to treat you more harshly than coworkers outside your protected class is the real issue. Was there a legitimate, believable reason why you were treated more harshly? Good luck.

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  • What are my options for defamation

    I'm not sure if I'm clear enough, I worked for a company that told me that one of their clients told them that I was accused of stealing and that they have me on video taking their merchandise out of the store and that it was being investigated, o...

    Mark’s Answer

    Defamation cases are more complicated than you might think. There can be legal privileges that may apply as a defense, and the standard of proof may be by clear and convincing evidence or by a preponderance of evidence depending on the facts. If you can prove defamation (false statement) with actual malice, I believe damage to reputation is presumed. Along with compensatory damages, if successful, you should be able to recover economic damages, like back pay, provided you mitigate your damages by reasonably looking for comparable work. You need to consult with an employment attorney in your area. Defamation has a short statute of limitations so don't delay.

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  • Can I sue for the difference between the actual amount I received from my full coverage insurance vs the actual worth of the car

    I was in an accident over a month ago. The at fault driver did not have insurance. My full coverage gave me about 3000 less than the actual worth of the car, according to Kelly Blue Book. Can I sue the man that hit me for that amount?

    Mark’s Answer

    Apparently, you used your collision coverage to be partially reimbursed for the "fair market value" of your car. The problem is that insurance companies typically ignore the Kelly Blue Book values, which are not in their interest to use, and will use instead an outside service to value your car allegedly based on recent reported private sales. These private sales are often reported lower than the actual sales price so the buyer's state sales tax obligation is lowered. You may want to spend the money for your own evaluation, and sue the uninsured man in small claims court. But, be aware that if the at fault driver did not have the money to keep his auto insurance active, than he probably has no monies to pay a judgment.

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  • Can I sue my employer for back wages

    I worked for the company for 9 1/2 yrs the company refused to give me a raise when I was let go my ending pay was $7.85. Is there any thing I can do about that?

    Mark’s Answer

    Perhaps. You should arrange an office consultation with an experienced employment law attorney in Cleveland. Maybe you have an overtime claim that you are not aware of. Were you always paid time-and-a-half for hours worked over 40 hours a week? Did other employees in the same or similar position as you get raises why you did not? If you did not, what was the employer's motivation and reasoning to treat you differently? Was their decision based on a protected characteristic like race, age, national origin, disability, and other such characteristics. If they treated everyone the same, and paid peanuts to everyone, then you may not have a discrimination claim. Also, if you got another job fairly quickly, then pursing a claim may not be worth it. But, consult with an employment attorney to be sure. Expect to pay a consultation fee.

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  • What if you have a legitimate injury from a medical device that malfunctioned, emergency thoracotomy afterwards, and job loss

    And no lawyer will take your case because it won't make them enough money? I have a medical background, and I understand what everyone did wrong. I'd love to get a lawyer. 3 turned me down.

    Mark’s Answer

    If a medical device malfunctioned, and caused you significant damages, then you need to identify the make and model of the device, and search the internet for a law firm or firms who may be handling similar device malfunction cases on a class action or multi-district basis. These medical device cases are extremely expensive and very risky for one law firm to pursue for one client. And, in Ohio, like many other states, thanks to so-called tort reform, your non-economic damages will be capped at a relatively low amount. Only wrongful death or catastrophic injury med mal or product liability cases are now financially viable to pursue because of caps and other tort reform measures. Very sad, but true. Good luck.

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  • Hello, Can I sue a person for causing me to lose my job and benefits?

    A fellow employee has gone to the HR Dept. concerning two small scratches on their inner wrist.

    Mark’s Answer

    More information is needed. How did the fellow employee get the scratches? Fight or workplace accident? Did the employee tell mostly the truth or a lie? Do you have any prior disciplinary history on this job? Tell us more.

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  • In Ohio can an employer terminate your employment when you have been off work for an approved medical/personal leave.

    My daughter was employed at a company that approved her to be off work from 7/31/12 through 10/22/12 under the Family Medical Leave Act. The company approved a personal leave until 01/01/13 due to complications and then allowed the personal leave ...

    Mark’s Answer

    The FMLA requires covered employers to give up to 12 weeks unpaid leave on a rolling year basis to qualifying employees. It appears your daughter exceeded the allowable FMLA leave. A company does not have to hold a position open indefinitely. If she is physically able to work, have her re-apply to the former employer for an open position. If she is qualified, and there is an open position, and they reject her, she may have a failure to hire claim. She also will need to mitigate or lessen her damages by making reasonable efforts to locate a similar job. Also, she should schedule an in-office consultation with an experienced employment attorney to review all possible legal claims and perhaps seek a severance package or company-paid job-seeking assistance or a favorable letter of reference. Good Luck!

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  • LPN falsely accused of abuse! PLEASE HELP

    Back in December I was working in a nursing home when an Rn supervisor, who i have had previous issues with, alleged that a dementia patient was tied to her wheel chair by her bath robe by an stna. I wrote a statement and kept a copy stating i was...

    Mark’s Answer

    Its unclear why they may be contacting you - as a witness or as a suspect. Regardless, consult with a local employment law attorney who also has some experience with criminal law. It may be nothing more than they want to talk to you about what you may know.

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