Shane Allister McClelland’s Answers

Shane Allister McClelland

Houston Personal Injury Lawyer.

Contributor Level 4
  1. How long does a person have to settle a personal injury case?

    Answered almost 2 years ago.

    1. Brent Barnes Ivy
    2. Richard Kurt Arbuckle
    3. Robert C. Slim
    4. Gregg Samuel Harrison
    5. Sean Michael Patrick
    6. ···
    9 lawyer answers

    The time limit to file the lawsuit on a personal injury claim is generally two years from the date of the injury. Once the lawsuit is filed and all of the proper parties served with the lawsuit, there is no deadline for when the case has to be settled. Lawsuits can take a lot longer than people expect. It sounds like you already have an attorney, and if you do, then you should speak with that person about when the jury trial will begin.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. My husband tripped on the carpet, hit the marble wall and gashed open his head this weekend in a lake charles casino.

    Answered over 1 year ago.

    1. Daniel David Horowitz III
    2. Christian K. Lassen II
    3. Brian Heath Crockett
    4. Michael R Crosner
    5. Shane Allister McClelland
    6. ···
    9 lawyer answers

    I agree with Mr. Horowitz. Given that you don't think it was the casino's fault, then I don't think it is likely that the casino will pay for his medical bills. But I suggest you contact an attorney to investigate to see if there was a dangerous condition existing at the casino that contributed to his fall.

    3 lawyers agreed with this answer

  3. Hello, My wife has gotten sick over night and had to call in sick to work today. She emailed her bosses boss & HR since her boss

    Answered 7 months ago.

    1. Shane Allister McClelland
    2. William Fulton Broemer
    2 lawyer answers

    Is your wife pregnant? If so, then, depending upon all of the facts of her case, she may have a case for harassment based on her pregnancy. Was your wife terminated, docked pay, etc.? Each case is unique. I recommend that you speak with an employment attorney right away to make sure that your wife's rights are protected.

    2 lawyers agreed with this answer

  4. I was fired due to calling in and not having anymore sick toime or vacation time, is that possible

    Answered almost 2 years ago.

    1. Shane Allister McClelland
    1 lawyer answer

    Generally, if you do not have an employment contract with your employer, then your employer can terminate you for any reason so long as it is not an illegal reason (for example, an employer cannot terminate you because of your age, sex, disability, race, etc.). This is broadly known as the employment-at-will doctrine. The answer to whether you were terminated legally is fact specific, and it requires additional information than what you've provided in your post. Depending upon those facts,...

    2 lawyers agreed with this answer

  5. What can I do if my previous employer is giving bad references about me and blacklisting me ?

    Answered 6 months ago.

    1. William Fulton Broemer
    2. Shane Allister McClelland
    2 lawyer answers

    An employer cannot defame you. It is as simple as that. In other words, your former employer cannot make false statements about you with the intent of causing you harm and you actually suffer harm. If this has happened to you, then you should consult an employment lawyer immediately who can do a thorough evaluation of your potential case.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. Can I get an employer to change "fired" to laid off , let go, discharged or something other than fired?

    Answered 7 months ago.

    1. Robert Neil Newton
    2. Shane Allister McClelland
    2 lawyer answers

    I agree. There are a lot of factors that go into the answer to your question. There are circumstances where an employer will work with you on your concern, but it is a very fact specific situation, including who is your employer, what were the rumors, did the company lose business because of this behavior? I recommend that you speak with an employer lawyer as soon as possible to see if there is anything that can be done.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. As a 1099 contract employee working for a wedding company, do I have rights to the photos I take?

    Answered over 1 year ago.

    1. David C. Holmes
    2. Shane Allister McClelland
    3. Daniel O'Brien
    3 lawyer answers

    I generally agree with the answers below with one addition. If the photographers are truly independent contractors (and there is a separate test to determine that), then they may have rights to their photographs depending upon the agreement they reached with the company you work for. Even if they are 'employees' (i.e. not independent contractors), then their use of the photographs they take would be controlled by contract with the photography company or the individual purchasing the photos....

    1 lawyer agreed with this answer

  8. Legal advice on employment.

    Answered over 1 year ago.

    1. Debra Vera Jennings
    2. Shane Allister McClelland
    2 lawyer answers

    To answer your question, it is imperative to know if you are an independent contract or an employee. If you are classified as an employee, then your employer must give you a W-2 tax form at the end of the year. On the other hand, if you are a independent contractor, then he must give you a 1099.

    1 lawyer agreed with this answer

  9. Employer rejects mediation I filed with the EEOC for discrimination and retaliation Does my case look strong?

    Answered over 1 year ago.

    1. Shane Allister McClelland
    2. Marilynn Mika Spencer
    2 lawyer answers

    You may have an ADA claim, depending on the specific facts surrounding what happened with your employer. More details are needed to evaluate your potential case. For example, there must be a determination that you qualify for the ADA (e.g. what is your disability) and have you been terminated, demoted, etc. Please know that there are important deadlines involved in an ADA claim. If you wish to pursue a potential claim, then consult an attorney familiar with employment law as soon as possible....

    1 lawyer agreed with this answer

  10. Payroll

    Answered almost 2 years ago.

    1. Shane Allister McClelland
    2. Michael N Hanna
    2 lawyer answers

    Texas employers are required to pay an employee for the work he performs. And an employer cannot retaliate against an employee for requesting fair pay. Depending upon the specific facts of your situation, you may have a claim against your employer for unpaid wages. If you wishes to pursue a potential claim for unpaid wages, then you should consult an attorney familiar with employment law as soon as possible. You can email me at smcclelland@shmsfirm.com to discuss this matter or visit our...

    1 lawyer agreed with this answer

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