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Vincent M. Powers
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Vincent Powers’s Answers

10 total

  • Motorcycle accident & need advice

    I was riding my motorcycle and a car cut in front of me. To avoid getting seriously hurt I dumped my bike. My bike however still hit his car but I rolled on the pavement. The driver was ticketed for failure to yield I am still sore and have d...

    Vincent’s Answer

    Unfortunately you will likely need an attorney in this matter. Insurance companies by just saying you are at fault can deny payment unless you demonstrate your willingness to proceed by hiring a local attorney

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  • Who is at fault if driver #1 came out of parking lot when struck by driver #2? Driver #1 looked both ways before exiting.

    Driver #1 came out of parking lot, looked both ways, clear, approached main street, then driver#2 sped down street struck driver #1. Police did not question driver #2. Gave ticket to driver #1 and told him it's his fault. Driver #1 is Chinese a...

    Vincent’s Answer

    Seems odd that deliver #1 did not see driver #2, Why not? When you leave a place of safety you should make certain it is safe to proceed. Sounds like driver #1 needed to look again prior to entering the main street

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  • Do I have a personal injury case ?

    I am employed at a treatment center. I was assaulted by a resident who is competent. I have a bad injury to my knee directly related to the assault in which resulted in surgery. Time loss of work and loss of overtime. A permanent impairment disa...

    Vincent’s Answer

    You have a worker's compensation claim and perhaps a tort claim. But you should consult with an attorney in your area

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  • 401 Withheld with Employer after 6 months of resignation.

    I resigned from my position around 6 months back, but because of company 'policies' they are not processing my resignation/termination. They are saying that we cant process separation without prior notice. Due to which they have hold my 401K. I am...

    Vincent’s Answer

    You should send a certified letter to HR requesting a copy of your plan and asking for instructions on how to transfer your 401K, once you get the plan, wrote the plan administrator

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  • Do I need an employment lawyer?

    I was offered a job and I signed the offer letter. I subsequently gave notice to my current employer that I was resigning. Two days before I was going to start the new job they called me and informed me that person who hired me was no longer with ...

    Vincent’s Answer

    In Nebraska you would have a claim for promissory estoppel, that is, you relied to your detriment on the job offer and have now been harmed. Check with a lawyer in your town or state, Laws are different, and the deadline for bring a suit varies

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  • I am being sued by my former attorney for not paying him in full. I had to hire another attorney to complete the job

    He made many mistakes on the decree including the incorrect address of the home. He advised me to agree to my ex's conditions concerning the house when I thought it was against good judgement. I hired another attorney a year later due to lack of p...

    Vincent’s Answer

    Ask him to participate in the Bar's fee dispute program. Here is a link and you can call them as well. BUT If you are being sued in Court you must file an Answer or their will be a default judgment entered against you for the full amount.

    http://www.nebar.com/displaycommon.cfm?an=1&subarticlenbr=76

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  • I just had a child 8 months ago I got checked today for stds and found out I have herpes I should have found out when I was

    Pregnant so I called the clinic that I went to while I was pregnant and they have no record of me getting tested so my child could potentially have herpes because they didn't test for it like they were suppose to what are my legal options Please h...

    Vincent’s Answer

    You should contact an attorney, you may have only a very short period of time to take action. Two years form the date of when clinic should have tested -
    (and only one year if the clinic is owned by the county, city or other political subdivision) Contact an attorney

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  • Last 2 out of3 paychecks my employer has shorted me. This weeks $300 short. Then its at least 2 wks to get money.

    I can been told by both supervisers and co workers to watch my check as this is common. Other than quitting is there anything I can do?

    Vincent’s Answer

    Contact attorney, under Nebraska law you are entitled to your pay plus attorney fees for obtaining fees

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  • I won my unemployment case via phone hearing & ER is now suing me and the Dept of labor- Can I counter-sue for mental stress?

    I am literally about to have a nervous breakdown- I am looking for employment daily and need a job- I just got paid for the employers portion (which I was initially denied) and am barely getting by. I just received a summons from the employer who...

    Vincent’s Answer

    No. Employer is just exercising its right to Appeal the decision, the same right you would have had if hte decision went against you.

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  • Can I be fired for saying I am uncomfortable with doing something?

    I work at a facility for those with intellectual disabilities. I have been at this job for nearly 6 years, a new individual just moved to the place I work today, she is 21 years old. At bed time, she wanted her back rubbed, I told her I was not co...

    Vincent’s Answer

    As an employee you need to perform your job duties. However in the scenario presented I think you should only perform a personal task when there is another employee present.
    Beatrice State Development Center should have policies and procedures. You should talk to your manager and if you are in the Union discuss it with your rep. You never want to be in a situation where you can be unfairly accused of misconduct.

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