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Robert J. Kasieta
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Robert Kasieta’s Answers

14 total


  • Is it discrimination when a manager doesn't hire you because you're gay? And starts giving my girlfriend less hours?

    She accuses my girlfriend of stealing product from the job. Gives her less hours and talks about her stealing with other crew members. Since she found out two nights before my start date at church's that one of her employees was my girlfriend she ...

    Robert’s Answer

    The issue of proof in these cases often is the difficulty. There must be proof of discrimination and not just a suspicion of discrimination. The best proof is direct, a statement of discriminatory intent. Less preferred is indirect proof, an inference of discrimination. It will also be important to determine whether Texas state law complements federal law and prohibits discrimination because of sexual preference. Recent federal case law is supportive but it would also be helpful to have supporting state authority. I'm not licensed in Texas and so I don't know its state law.

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  • I am in search of a LITIGATION attorney, not someone who takes the easy road out by settlement. Anyone?

    Rear end auto accident where liability is undisputed.

    Robert’s Answer

    Certainly, there are many trial lawyers who have the ability to help in situations like these. Personally, I do not practice in Oregon. Consider looking for someone who has a national board of trial advocacy certification in civil trial work. That person has already tried a number of cases and is not afraid to go to trial. Be aware, however, that it is often smart to settle cases and is not necessarily a sign of weakness where the cost of going to trial, Even where liability is conceded, will not benefit the client. I wish you all the best. Bob

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  • Son was bit in the face by the daycare providers dog in Feb 2015. He had 22 Stiches. can I sue?

    the scar is pretty big. Now I'm concerned on how it'll age if it'll cause him pain or further disfigurement where he'll need plastic surgery.

    Robert’s Answer

    Most states do permit claims like these. Many states have statutes that actually provide multiple times damages where the dog has bitten before. Keep all of your medical bills. Take photos of the healing process. Learn what you can about the history of the dog. Finally, be aware that all claims are subject to statutes of limitation that ban claims after a certain amount of time. You should act promptly to retain counsel in your area.

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  • If other side failed to provide timely responses to discovery does that waive their right to present documents as evidence?

    I know that if someone fails to serve discovery responses on time, that waives their right to objections and to producing writings. But what are the writings in this case? If they are not permitted to present writings for discovery does that mean ...

    Robert’s Answer

    The judge has wide discretion in discovery about permitting even late answers. There are few bright lines, where the failure of a party to provide requested documents absolutely bars that party from using the documents. If this is a pattern of legal abuse, however, the odds are very much in your favor. You should bring all of the abuses to the judge's attention and ask for the strongest sanction that your jurisdiction permits, including prohibiting the opposition from offering any evidence because of violations.

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  • Do i need a lawyer to protect me from incriminating myself in a deposition hearing?

    Got a subpoena to testify and worked at plantiff's work place

    Robert’s Answer

    As a practical matter, it is best to have a lawyer at a deposition like this to protect your interest because lawyers are trained to make the necessary objections (and even, to instruct you not to answer) if your rights are threatened. If you want to preserve your Fifth Amendment rights, for example, you would not simply want to object but also refuse to answer. Other times, questions might be embarrassing or uncomfortable but they must be answered, and a lawyer can help you to understand the distinction.

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  • Is a Lawsuit considered a "Threat" or "Extortion"?

    If you inform a lawyer that you intend to file a civil RICO suit against him and his client, does that amount to a threat or extortion?

    Robert’s Answer

    The statement that one intends to sue is surely a threat, but I have never seen any case suggesting that it is extortion, provided that the basis for the threatened litigation is sound. If one makes such a threat without basis, it could be problematic, but so long as there is a basis for the threat, you should be ok. As an added protection, you might indicate that the "threat" of litigation is made only in the context of sharing information in an effort to compromise a claim. Such settlement discussions often contain the "threat" of litigation if the matter is not resolved.

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  • I need more time to answer interrogatories in U.S Distrinct Court, do I file with the Court requesting an extension of time?

    I have 30 days of service to answer several interrogatories pursuant to Rule 33 of the Federal Rules of Civil Procedure; however, the other party did not submit all documentation requested. Since the other party has not production most of the doc...

    Robert’s Answer

    Often, it is easier to simply ask opposing counsel for an extension. These are routinely granted, especially where the other party has not produced documents either. If the other party denies the extension, you should make the court aware by a motion to extend time, that you sought the stipulation of the opposing party, but it refused.

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  • Can I file a law suite?

    My boss recently disclosed my personal medical information to my co-workers and several of my regular customers. He told them about my hospitalization following an accidental drug overdose.

    Robert’s Answer

    In addition to what Atty. Leech indicated in his answer, you should be aware that Wisconsin has a privacy statute that might have been violated in this matter and that will provide you with potential recovery. That will depend on the exact nature of the information disclosed and any possible reasonable excuse the employer had for the disclosure.

    I hope that this information is helpful to you.

    Bob Kasieta

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  • Can i be fired for my tattoos

    i was hired with tattoos and never asked to cover them up. when customers complained and said it was offensive they fired me. when i called someone higher up in the company they told me i had been written up and accused me of cussing out a manager...

    Robert’s Answer

    Assuming that your tatoos are not part of some legitimate religious practice, and further assuming that there is no law in Texas protecting one in your situation (I am not licensed to practice in Texas), further assuming that you have no contract of employment, and finally assuming that you are in all respects an at will employee, then unfortunately, you can be fired by your employer for having tatoos.

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  • Can my employer make me repay the company for a lost deposit?

    I work at a restaurant/bar. At the end of my shift, I put my deposit in the safe like I always do. Three days later, my manager called me and said the deposit was missing, and wants me to repay it. I specifically remember putting the deposit in th...

    Robert’s Answer

    Assuming that you had no contract of employment making you responsible for the money no matter what, the employer would have to show that you were negligent or that you stole the money before the employer would have a legal right to have you reimburse the money. The employer could start a suit against you and have a jury decide whether you properly handled the money. The employer could also fire you for not, in his judgment, properly handling the money. I hope that this information is helpful. I am sorry that it is not more optimistic.

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