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Kelly Earl Cook

Kelly Cook’s Answers

20 total


  • I gave my employer a two week notice and they decided to let me go after two days of that two notice. Do they still pay me?

    I have my employer a two week notice and they let me go after 2 days of that two week notice, do they still have to pay out my notice?

    Kelly’s Answer

    Generally, no, you are not paid for time you do not work. Giving a notice does not require the employer to continue your employment until the end of your notice time.

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  • If my boyfriends name is on a lawsuit does he have the right to know what its about?

    Employee filed at suit againist company and he was demoted because of it and they wont give information

    Kelly’s Answer

    Unless the suit was filed "under seal," that is with a request by one party and the agreement of the judge to keep the records secret, then the papers filed in the Court are public records. In many courts you can go online and look at the records from the Clerk's website. If not available there, your boyfriend need only go to the Courthouse and ask to see the file. He should try to get the "style" or name of the case (for example, "John Doe v. Richard Roe") and the "cause number) which usually is a string of numbers and letters, usually with the year clearly set out. For example, in Harris County District Court the cause number looks like "2012-XXXXXX" with the X's replaced with numbers. The clerk will need the style or cause number to locate the case.

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  • Do i need all my medical records available at the time i file the disability claim on line

    do i need to obtain all my medical files when filing or does the state obtain

    Kelly’s Answer

    You indicated this is a question about medical malpractice. I strongly suggest you contact a lawyer to discuss your case before attempting to handle it on your own. The Texas Legislature has put strict rules in place that control medical malpractice cases, and the Supreme Court has not hesitated to dismiss claims that do not strictly comply.

    I am not sure what sort of on-line filing you are referring to in your question. However, consulting with a lawyer will give you the chance to have the process explained fully and have your questions answered.

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  • Does travel time apply to an on-call person leaving from home to a job site in town when called out to work by your employer.

    When you get a call out and you leave to work on a customer trouble ticket, does the employer have to pay travel time during the commute to the customers home, if you are working during what is considered overtime.

    Kelly’s Answer

    This is an interesting question that will turn on your situation. For example, I would argue that if you are required to do work at home, such as logging into computers to check job sites, plan routes, confirm inventory, or confirm client instructions, then your travel time to work may be compensable and should be paid at the overtime rate if you were already over 40 hours in the week.

    The nature of your "on-call" time also should be explored.

    However, your specific situation needs to be discussed with a lawyer. You should visit with a wage and hour lawyer to discuss what rights you may have under the Fair Labor Standards Act (or FLSA for short). In my experience many, many employers are violating the law on payment of overtime.

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  • Dallas Tx. and about 3 years ago my girlfriend almost had accident in my vehicle. The other driver said she tried to run him off

    the road. She waited for police, but left before they arrived. I had full coverage insurance on my vehicle. The other driver went to the JP and went to court without my knowledge and received all medical damages and payment thru his own insurance...

    Kelly’s Answer

    • Selected as best answer

    It is a little unclear what happened in the JP court based on your description. It sounds like the Plaintiff (the person who sued) filed an "uninsured motorist" lawsuit against his insurance carrier. The Plaintiff's insurance carrier can then look to the negligent driver for reimbursement (called subrogation). If the driver isn't able to pay, then the carrier can petition to have the driver's license suspended. You need to talk to a lawyer who will be able to sort out the facts and try to get your license back. You may have to testify against your girlfriend, though.

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  • Is there a way to get around the California Micra Act ?

    I'm having trouble finding a medical malpractice lawyer. Where are the lawyers who got into the legal profession to be a purveyor of justice. All I've found so far are the ones rating a potential malpractice case by monetary return only. But somet...

    Kelly’s Answer

    I agree with the person who explained the high cost and low chance of winning most medical malpractice claims. Powerful insurance and corporate lobbies have nearly closed the court house door on many very deserving plaintiffs. If you are interested in the topic, consider watching the documentary HOT COFFEE which explains some of the ways that big business acts to curtail peoples 7th Amendment right to a trial by jury.

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  • I filed a lawsuit against an individual because she hit my car causing some minor injuries and vehicle damage.

    I filed a lawsuit in district court in Harris County, based on the information on the police report. However, the officer's handwriting was very hard to read and I mis-read the Defendant's name. So it is misspelled in the petition. I have since fo...

    Kelly’s Answer

    I agree with hiring a private process server. You should also speak to a lawyer about the case because if the event was over two years ago you may have a problem with the statute of limitations. In Texas a plaintiff must show "due diligence" in getting the Defendant served before the statute runs. Also, misnaming versus misidentifying the Defendant can be an issue. A lawyer should be able to help make sure you serve the correct entity as quickly as possible.

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  • I bought a 2011 f-250 Loaded.. 28 hours after i bought it my friend wrecked it.

    Bought a brand new (expensive) truck the other day.. Less than 28 hours after i bought it i went to a wedding. Upon leaving the reception i pulled my truck up to the exit door and waited outside my truck for the people who were to ride home with m...

    Kelly’s Answer

    Your friend sure didn't do you any favors. You need to consider several issues in getting this matter resolved, including what possible insurance coverage is available. If you bought the truck new and still had a loan, then the bank would have required you to have coverage to pay for the damages, less a deductible. Your friend's insurance may or may not apply, but if it did, then you could claim the loss of value you sustained as an additional element of damages. You should speak with a lawyer who can explore the specifics of you and your friend's situation in order to maximize the chance that you are made whole.

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  • Can I sue my son's school for negligence because he was stabbed at school by a student that had previously stabbed someone?

    My son was stabbed with a pencil at school. The school did not notify me of the incident. I called the school the next day to speak to the principal and he was "unavailable". I called the school district office and they called the principal. Th...

    Kelly’s Answer

    There will several issues to consider before it is clear if you have a case. If the school was a public school there will be issues of whether a government entity like a school is liable for that type of injury. A lawyer from your state would be the best source for that kind of information. The next question that the lawyer will probably ask is how injured your son is. Sometimes minor injuries are too small to litigate economically. Again, a local lawyer would be the best person to talk to in order to see if the claim would have merit from a legal and practical standpoint.

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  • I rear ended a vehicle at a stop sign. The cops were not involved we just exchanged phone numbers.

    THere wasn't any damage on sight of the accident, now she's calling me and saying she received an estimate with over $1200 worth of damages. Now what do i need to do legally.....?

    Kelly’s Answer

    You can tender the claim to your liability insurance carrier who has a duty to defend you from the claim as well as a duty to pay for any damages you may be legally obligated to pay, up to the limits of your liablity. If the other person cannot resolve the issue with your insurer and sues you, the insurance company will provide you a lawyer to represent you.

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