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Edward Mclean Lyman III

Edward Lyman’s Answers

19 total


  • If I wrote a statement in my private blog (free of any specific names or places), can my boss write me up for defamation?

    I wrote a comment on my personal blog, and it posted to facebook. I posted the comment because I was frustraited with things at work. It did not include any specific names or places. My boss got ahold of it somehow and said that it was libel. I ha...

    Edward’s Answer

    On a side note, not necessarily applicable to the situation you described, the National Labor Relations Board argued recently that terminating an employee for speaking her mind on Facebook.com about her boss, was wrongful because posting such a message is a protected concerted activity. This case was settled before a decision was reached.

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  • Am I infringing on a trademark, or can we co-exist?

    I have received a cease and desist letter from an attorney for a company that deals with youth of a particular ethnic background and their respective families. They claim to offer educational services for these individuals. My company offers con...

    Edward’s Answer

    This situation requires a thorough analysis based on facts that are highly specific to your situation only. You'd have to provide a lot more detail about the marks, the services, registration information, etc... You should contact an attorney to determine the merit of the cease and desist letter and assess your risks, etc.

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  • Is there someone reliable to pay to find out who is sending me harassing emails?

    Briefly put, the person is using a screen name so I don't really know for sure who it is. I want to pay someone to find out but I don;t know whom to trust, etc. Any advice? Thank you,

    Edward’s Answer

    If you feel that you are being harassed by someone in this situation, you should save the messages and contact the police. If criminal conduct is occurring, the police should be able to easily identify the harasser.

    In addition, you can contact an attorney familiar with harassment to assist you.

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  • Do I have a police misconduct, civil rights case? Forced into taking a drug test, exceeded the pat-down, emotional distress...

    An electronics warrant was issued for my boyfriends brother, while searching the home they violated the scope of the search warrant and went into my boyfriends closet, opened a drawer and went through a closed box to find drugs irrelevant to the ...

    Edward’s Answer

    It's quite possible that the conduct of the officers violated your rights. Were you criminally charged with any wrongdoing? If so, you should contact a criminal defense attorney.
    As for emotional distress of being forced into a drug test and/or being patted down, the question is what is your damage? Have you gone to a psychiatrist or psychologist? Is the emotional distress severe? How humiliating could you feel in front of a mother whose son is served with search warrants and meanwhile contraband is found in her home) There are several issues here.

    Again it's possible that your rights were violated in some sense, however, the question will always be what are your damages?

    In situations like this, you might be best served by cutting your losses and considering whether you want to continue associating with a boyfriend who put you in a position where you could be charged with a criminal offense.

    With that said, you should still consult with a police misconduct attorney to fully assess the situation and review the police report. Also, you must act immediately. A claim must be filed against the proper government entity and/or employee within six months of the date the incident occurred.

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  • Are my ADA rights being violated, and if so, what can I do about it?

    My employer has granted approval for my service dog to accompany me at work. Now the building management is denying me access to the building with my dog unless my employer gives them copies of the confidential medical documentation I provided the...

    Edward’s Answer

    • Selected as best answer

    They can ask if you if the service animal is required because of a disability. Generally they cannot require you to show documentation. Contact a civil rights attorney to further discuss this matter. You can also get additional information directly from the ADA by calling 800-514-0301.

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  • I have a work related injry and have missed days from work do to pain , can i be fired

    just recently i slippe din fell in the store i work in , well on duty , i been going to company doctor as well as therapy and a chroprator , due to the pain i have had to call in missing days from work , there are work restrictions like a 10 minu...

    Edward’s Answer

    It's best that you immediately contact an employment attorney that has experience in discrimination and retaliation. It's difficult to give an assessment based on the facts you have presented. One would need to know more detail such as how the slip and fall occurred, whether you presented doctors notes excusing you from work due to injury related pain, etc. It's important that you contact an attorney now to determine what types of evidence you may be able to obtain, what causes of action you should pursue, etc.

    When you are injured at work you should contact an attorney that specializes in workers compensation. However, since you've now been terminated as a result of your injuries, your claims might be resolved better by an attorney practicing employment/disability discrimination and retaliation. These causes of action may render a better result than what a workers compensation claim can achieve for you. Contact an attorney today, if you cannot afford one, do not hesitate, most attorneys that handle these claims work on a contingency fee basis.

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  • What do you do if you get hurt on the job and they fire you due to what they say is i lied on my applacation

    do to the fact i said no to the question have i ever filed a claim for workmans comp claim. i have never but now i no that my job had filed a claim in the past due to the fact i was burnt at work so my boss took me to urgent care for trea...

    Edward’s Answer

    If the injury occurred almost a year ago, you need to act right away and contact an employment attorney for advice about workers compensation and disability discrimination. Some statutes of limitations in these situations are short, so talk to someone today. Most attorneys that practice workers compensation and/or discrimination work on a contingency fee basis and will consult with you without any upfront charge.

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  • Do I have a claim against my employer?

    I was forced out of my job due to an officer of the corporation harrassing me. I am the controller of a company and the wife of the president who was also an employee was harassing me to made her a personal loan so she could pay personal bills. ...

    Edward’s Answer

    Aside from a worker's compensation claim, you might also have other valid claims. For example, harassment and/or retaliation.

    You should immediately contact an employment attorney to analyze your facts because statutes of limitations can be short on these claims. Feel free to contact me with any questions.

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  • What can happen if I'm charged with a 148.5a in Burbank CA?

    I had filed a report against my ex husband saying he threw me in the couch and then recanted

    Edward’s Answer

    Violation of California Penal Code Section 148.5(a) is a misdemeanor. Therefore, you could go to jail and/or be required to pay a fine.

    California Penal Code Section 19 provides: Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a misdemeanor is
    punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or by both.

    You should immediately contact a Criminal defense attorney. Do not delay. If you would like a referral to one, feel free to contact me.

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  • My lawyer filed for bankruptcy 7 minutes before foreclosure sale of my home. but the bank still went on with auction

    My lawyer filed for bankruptcy 7 minutes before foreclosure sale of my home. but the bank still went on with auction. Now my lawyers are saying that te sale of my home is illegal and the bank will rescind the sale because I am under bankruptcy p...

    Edward’s Answer

    • Selected as best answer

    Typically Chapter 7 Bankruptcy places an automatic stay on proceedings such as a home foreclosure. However, this is only a temporary hold.

    You should seek further information from your current attorney in regards to your questions and why a particular strategy is being implemented. He/She should have a much greater understanding of the facts and assist will be able to assist you best.

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