Mark Wayne Napier’s Answers

Mark Wayne Napier

Cincinnati Car / Auto Accident Lawyer.

Contributor Level 10
  1. Can my former employer keep my final paycheck?

    Answered 23 days ago.

    1. David William Neel
    2. Mark Wayne Napier
    2 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered about 2 months ago.

    1. Brian Robert Dettman
    2. Christian K. Lassen II
    3. Mark Wayne Napier
    4. Nathan D McKinney
    5. Jeffrey Mark Adams
    6. ···
    6 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered 2 months ago.

    1. Matthew James Porter Coffman
    2. Mark Wayne Napier
    2 lawyer answers

    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...

    1 lawyer agreed with this answer

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

    Answered over 1 year ago.

    1. Neil Scott Rubin
    2. Lori Ann Strobl
    3. Mark Wayne Napier
    3 lawyer answers

    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...

    1 lawyer agreed with this answer

  5. I am getting unemployment in ohio my former employer has filled for a relief of charges will i lose my benefits?

    Answered over 1 year ago.

    1. Mark Wayne Napier
    1 lawyer answer

    In Ohio, if you did receive benefits to which you were not entitled, you will receive an overpayment determination that states why the payments were incorrect, the amount you owe, and instructions on how to pay the overpayment. If you receive a notice of determination of overpayment, then promptly contact an employment attorney who can advise you on how to appeal the determination. You must file your appeal within 21 days of when the overpayment determination was issued.

    1 lawyer agreed with this answer

  6. Am I likely to get a medical settlement if I wasn't seriously injured, but had to be induced earlier than planned?

    Answered over 1 year ago.

    1. John Maurice Holcomb
    2. Jeffrey Mark Adams
    3. Christian K. Lassen II
    4. Michael Lewis Eisner
    5. Mark Wayne Napier
    6. ···
    7 lawyer answers

    Sorry to hear about the accident, and the pain and complications it has caused you. You likely do have a viable claim. And, as one of the attorneys mentioned, a truck accident is much different than a car accident. Certain electronic and other evidence needs to be preserved by an immediate letter to the trucking company. The question in your case is what can be proven and what is it worth. You will be able to recover for those expenses, injuries, conditions, and pain that were caused by the...

    1 lawyer agreed with this answer

  7. My 88 yo father w damentia was in a assisted living facility was knocked over by a door.

    Answered about 2 years ago.

    1. Blake Allin Dickson
    2. Mark Wayne Napier
    3. Michael Brevda
    4. Jeffrey Mark Adams
    5. Timothy Lawrence Van Eman
    6. ···
    6 lawyer answers

    The server has a duty to your father to use the degree of reasonable care expected in a nursing home environment. He or she must be on the outlook for residents in opening a door into a dining room. The door itself must have had a window. This sounds like a viable claim, but an attorney will still need to investigate. Talk to a local attorney promptly so a letter warning the facility to preserve all possible evidence, witness statements, etc. can be sent by certified mail and fax. Its important...

    1 lawyer agreed with this answer

  8. I found a piece of gaze with an area of blood on it in my small fries as I was eating them. Do I have a case?

    Answered about 4 years ago.

    1. Mark Wayne Napier
    2. Anthony Dean Castelli
    3. Justin Lee Lawrence
    4. Andrew Daniel Myers
    4 lawyer answers

    Ohio does have a state statute that prohibits the sale of "adulterated" food, which includes contaminated food. Your facts raise several issues - how did the gaze get in the fries, did it cause you significant illness and pain, and did you timely seek necessary and reasonable medical care. If your only expense was the loss of the fries, without any significant illness or necessary medical treatment, then your "case" is really only worth the price of the contaminated fries. I would forget it if...

    1 lawyer agreed with this answer

  9. Can I be let go during my probation period.

    Answered 2 days ago.

    1. David William Neel
    2. Mark Wayne Napier
    2 lawyer answers

    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.

  10. When do they remove evidence from a car accident and where does it go?

    Answered about 1 month ago.

    1. Steven Harry Eckstein
    2. Ronald John Maurer
    3. Jay Scott Finnecy
    4. Mark Wayne Napier
    5. Andrew Y. Kim
    5 lawyer answers

    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!

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513-721-1975