James M. Osak’s Answers

James M. Osak

Madison Heights Employment / Labor Attorney.

Contributor Level 15
  1. Wrongful Death Filing? Negligence? Falsification of Medical Records?

    Answered about 2 years ago.

    1. James M. Osak
    2. Joseph Jonathan Brophy
    3. Robert Don Fink
    4. Howard Robert Roitman
    4 lawyer answers

    According to you the statute of limitations expire in April, 2013 . . . that's when you MUST file your lawsuit. Until then . . . your attorney may investigate to determine how to proceed . . . if at all. I would give him a deadline sometime in the fall (2012) to file or get another attorney to file. Your case may have some problems and not be as easy as you may think. Every case has its own merits. Good luck!

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  2. Should a pro se plaintiff attach exhibits to his lawsuit complaint for the Judge to understand the claims

    Answered about 2 years ago.

    1. James M. Osak
    2. Edward Jacob Sternisha
    3. James S. Lawrence
    3 lawyer answers

    YES. Additionally attorneys should and do attach SOME key evidence to their Complaints so the reader (judge/defendant lawyer/court) can understand their (plaintiff) position. Think of it as a "show-and-tell" school assignment--- remember those!? Pro se litigants are nortorious for filing "jumbled" paperwork with the courts. Anything you can do for "smooth sailing" through the court system only helps your position! Good luck.

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  3. Michigan traffic ticket

    Answered about 2 years ago.

    1. James M. Osak
    2. Jaynie Smith Hoerauf
    2 lawyer answers

    Simply CALL the court clerk, give her the ticket number, and ask what the ticket was for. She'll let you know what that gibberish means. It could also be some kind of cop code so the cop can remenber your stop if it gets to court.

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  4. I have had fmla protection for asthma for the last 9 yrs, recently my employer denied me, can they do that?I still have asthma.

    Answered over 2 years ago.

    1. James M. Osak
    2. John F. Brennan
    2 lawyer answers

    Generally, the Family and Medical Leave Act of 1993 ("FMLA"), see: 29 USC 2611 et seq., covers businesses with 50 or more employees (including state, local and most federal govt. agencies). The employee has to work a certain minimum amount of hours in the previous twelve months to qualify for coverage/protection. The employee is then allowed a maximum of twelve (12) weeks to care for a seroiusly ill family member or his/her self (employee's own serious medical condition). This stuff is not...

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  5. I have just filed a sexual harassment case with my former employer.

    Answered over 1 year ago.

    1. James M. Osak
    2. Kevin Rindler Madison
    3. Harry Edward Hudson Jr
    3 lawyer answers

    Talk to an attorney asap! HOWEVER, all your texts are "fair game" during discovery. You can "object" but they'll file a "Motion To Compel" and the Judge will decide.

    4 lawyers agreed with this answer

  6. Can a real estate co. accept a forged signature on a purchase agreement?

    Answered over 1 year ago.

    1. James M. Osak
    2. Michael T Millar
    3. R. Russell O'Rourke
    4. John W. Drury
    4 lawyer answers

    What kind of a question is this? A trick question???? OF COURSE . . . if someone FORGES another's signature . . . that's (1) ILLEGAL; and (2) HOLDS CIVIL LIABILITIES AS WELL. HOWEVER, you'll have to PROVE that your signature was in fact "forged." Was this person acting as your "agent" or "power of attorney?" If you didn't want these properties sold then you should not have consented to a) agent; or b) power of attorney. NOW, if you had NO idea that these properties were sold, and...

    4 lawyers agreed with this answer

  7. I feel I was threatened verbally by a pair of police officers who pulled me over

    Answered about 2 years ago.

    1. Jeffrey Scott Kaplan
    2. James M. Osak
    3. Andrew Charles Lapres
    4. James S. Lawrence
    4 lawyer answers

    If you feel "threatened" by these two copsters then you'll have to file a complaint on them with their police department OR the MI State Police.

    4 lawyers agreed with this answer

  8. Lawyer is trying to bully me into giving him free services.

    Answered about 1 year ago.

    1. James M. Osak
    2. Rixon Charles Rafter III
    3. Galen Gentry
    3 lawyer answers

    Bet you that this "lawyer" will be working for (defending) an Insurance Company in the near future. If Mr. Bar Attorney" doesn't provide you with a "website design brief" then hasn't he BREACHED the contract? Give him fourteen (14) days to provide you with the "brief" or tell him you're closing his file and he can go elsewhere to get a website. In the future . . . put in BOLD LETTERS that all fees you receive are NONREFUNDABLE. I know a web designer that's designed websites for...

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  9. I went to court with my landlord and the judge ordered me to pay or move out by a specific day. . The landlord told me that he

    Answered almost 2 years ago.

    1. James M. Osak
    2. Joshua Duane Jones
    3. Alan James Brinkmeier
    3 lawyer answers

    Oops . . . a lying litigant. So he lied to you. You should have gotten his "word" in writing. Now you're "screwed." He played you. Take him back to court BUT WHAT PROOF DO YOU HAVE? You have to listen and follow the judge. If landlord destroys/throws out your items you can sue for in small claims court. But again . . . WHAT'S YOUR PROOF that landlord allowed this extra day???

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  10. Can someone try to change the law to benefit themselves in pending litigation?

    Answered over 1 year ago.

    1. H. Joel Newman
    2. Jesse David Hoffman
    3. James M. Osak
    4. Liwu Hong
    4 lawyer answers

    Yes. You can ALSO try to change the laws if you wish. The Republicans do it all the time.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful