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James M. Osak

James Osak’s Answers

1,509 total

  • Old employer I committed unemployment fraud. Started with a new employer. Can I be fired?

    No more

    James’s Answer

    Michigan is an "at-will" state meaning that you
    can be fired for ANY reason. So YES you can
    be fired by your NEW boss.

    See question 
  • Divorce Trial next week and lawyer is threatening to withdraw if I don't sign a $30,000 Lien on my settlement?

    I don't know if what he's doing is legal!. My original agreement with him when I hired him is that I pay him one good retainer fee and will pay him the remainder of the fees from my settlement. Now he's asking for another retainer ( I told him I...

    James’s Answer

    You either go with this attorney;
    Find another attorney and then file a
    COMPLAINT with the State Bar on him.

    SHOP AROUND. $20,000 THEN $30,000?
    That seems quite high for a divorce.
    How much is involved?
    Still . . . $50,000?????????
    WHERE did you find this guy?
    Good luck.

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  • Do I have a case for defamation or lost wages?

    I work as a server at a restaurant in downtown Kansas City. Yesterday when I went in for my shift, I was greeted by 6 member of our corporate office. They took me aside for nearly two hours asking vague questions, for the most part. What they f...

    James’s Answer

    There is something real "shady" going down here.
    You REALLY need to see an attorney to discuss this
    as he/she can ask more pertinent questions of you.
    There could be defamation and harassment charges
    along with other claims. I also question the "letter"
    you HAD to sign. You should have told them that
    you'll have your attorney REVIEW this document BEFORE
    you sign it and asked for a copy to show attorney. Never
    let management "bully" you into signing anything. Good luck!!!

    See question 
  • If you take a deal can you appeal if your lawyer made you take the deal and told you what to say in front of the judge

    the lawyer mind him say things at the last minute he pushed him to say things he didn't want to say and the judge accepted it i just can't believe it there job is to read the truth and give justice

    James’s Answer

    If you didn't do it then you shouldn't plead to it.
    You knew what was going down then you should have said
    "hey . . . wait a minute . . . I didn't do it and am not pleading to
    something I didn't do." As the others stated you now have to
    appeal . . . that's tough. Didn't your lawyer EXPLAIN what he
    was doing and your plea? If not then you may have to file a
    complaint on the lawyer with the MI State Bar. Good luck!

    See question 
  • What are the consequences if I sue and lose in small claims court?

    I have been defrauded, but I do not have strong evidence. It was based on oral statements and the witness was an employee (now former employee) of the guy who defrauded me. Witness said that he can testify, but that he has criminal record for ly...

    James’s Answer

    • Selected as best answer

    [1500th ANSWER]. You generally CANNOT collect for your "lost time" (wages) in a lawsuit
    UNLESS they can PROVE some sort of FRAUD on your part. If you're not lying then he has
    to "eat" his lost time. I think he's just a BLOWHARD trying to intimidate you into not suing
    him because he knows he messed up with you. It's also highly doubtful he makes $300/hour.
    Sue the blowhard and use your witness. Witness can explain to judge about his lying . . .
    maybe witness lied for the blowhard? Good luck!!!

    See question 
  • I was terminated Thursday morning. I want to see if I can take any action for wrongful termination. More details below

    I was working at a hotel as the night auditor. I was taken off the schedule Wednesday night and called into work Thursday morning. I was told by the General Manager that I violated company policy and I was being fired. They accused me of steali...

    James’s Answer

    [1500th ANSWER!]. As the other attorneys stated . . . NOT LIKELY.

    However . . . if you THINK that you were terminated BECAUSE of
    your: age, race, handicap, etc. then you MAY have a case because
    they would have "violated" Michigan "public policy." You will have
    to PROVE that they fired you for reasons OTHER than theft.

    Additionally . . . if they "demean" you to potential new employers
    (calling you a thief, etc.) then you MAY have a "defamation" claim
    as they really cannot prove that you took those items that they
    accused you of taking.

    Good luck!

    See question 
  • Is a site available where you can research the settelment amounts of cases or how many times a hospital has been sued and for w

    I noticed on some attorneys web sites they list cases and the amounts that it was settleled for. Is there a site for attorneys

    James’s Answer

    • Selected as best answer

    There are publications available at most law libraries.
    Usually called "Lawyer's Weekly" or some such name.
    Just ASK the librarian what you're looking for.
    Good luck!

    See question 
  • Can a man evict his wife from the home in MI if he purchased the home before they got married and it is in only his name?

    My grandson-in-law got mad at his wife and has given her eviction papers. They were married last August, and she sold her mobile home to move in with him. They have 3 children in the home. Can he evict her even though they're married? He has not f...

    James’s Answer

    Grandson-in-law sounds like a real winner!
    Tell him NO and to GROW UP.

    See question 
  • A Vancouver WA. travel agent sold us a destination wedding package full of lies and misleading info. Should we file suit?

    Package was not what was described. Resort was a scuba dive camp, not romantic or suitable for weddings unless you're a scuba fan. Accommodations were dirty, not 5 star as described. Personal recommendation from agent is what sold us.

    James’s Answer

    Also file a COMPLAINT with your state's "Licensing Agency" usually
    located in your stat capital (not always though). Also file complaints
    with the "5 STAR" hotels (national office) and again with their state
    "Licensing Agencies." Good luck!

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  • Is there a Michigan statute or Federal Statute regarding pro per subpoenas?

    In preparation for a denovo hearing regarding change of custody, I submitted subpoenas for the judge's signature for witnesses on my witness list. Every subpoena I submitted was denied (returned unsigned) leaving me unable to call certain witness...

    James’s Answer

    I've read your comments. Are you in State court OR Federal court?
    ---You are either a PLAINTIFF or DEFENDANT.
    ---All PRO PER means is that you're representing yourself (no lawyer).
    ---You FOLLOW the CIVIL RULES (Federal OR State as applies).
    ---Get the Michigan Rules of Court (State OR Federal) and follow the rules.
    ---If judge denies your requests then ask his/her court clerk WHY.
    ---If NO decent answer then APPEAL his/her decision. [Follow APPEALS rules].
    ---Some judges and lawyers treat PRO PER's like cockroaches . . . not human.
    ---That's the chance Pro Pers take without attorneys. FIGHT THEM!
    ---If you feel violated then file a COMPLAINT with the State Bar Judicial Tenure Com.
    ---Can you skip the subpoenas and just ASK your witnesses to appear? Some will.
    ---If judge cannot explain denials then he could be on the hook later (your Complaint).
    ---Good luck1

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