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David Vincent Hiden
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David Hiden’s Answers

228 total


  • I have been suspended from a security position, with no knowledge of why.

    security guard

    David’s Answer

    Unfortunately, you give very little information which hampers my ability to respond to you. Call your supervisor or HR person and ask why you were suspended as employees don't just get "suspended" without reason. A "security" position could mean a lot of things: securities, law enforcement, private security, etc..but not sure what you do. Call any attorney who handles employment law like our firm or another AVVO rated office for additional information. Do not quit your job though - you will waive your rights to unemployment if you are terminated. If you are a union member, get ahold of your union immediately. Good luck.

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  • Seeking legal advice on "Investigatory leave" scheduled appointment Tue. 5/6/14 with HR to resolve my current job title.

    I'm seeking legal advice on "Investicatory leave" I had a schuedled appointment Tue. 5/6/14 with HR to resolve my current job title. Unfortunetly I was ecorted out Monday 5/5/14 @ 8:00 by UCSD security. My scheudle time is 9:00 to 5:...

    David’s Answer

    I would add that if you quit, you will almost be guaranteed to lose your right to unemployment - it's a tough market out there and you might not get a job as fast as you think you can.I would not resign, keep the appointment but bring a lawyer with you. If you are a union member, call your union and contact the attorney they recommend.

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  • I need to know if i have a chance at a personal injury case against my employer?

    I've suffered two lower back injury's on the job, the first i filed under state disability because i was unclear how i got hurt, when i returned to work a year later because of there negligence and trying to get me to quit,i re injured my back and...

    David’s Answer

    • Selected as best answer

    The type of case you are talking about is not called personal injury, it is an employment law case. Suing your employer outside of worker's comp. usually cannot be done due to the exclusive remedy rule. However, employment law cases are not subject to the exclusive remedy rule under almost all factual situations. You may have a case for retaliation, unlawful termination or other civil torts but a lot more facts need to be received first. You also may not be allowed back to work b/c your WC case, injuries and / or work restrictions prohibit it. Give us or any AVVO rated firm a call to discuss more in depth as more information is needed.

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  • I worked 12 to 16 hours a day for 23 days,no days off. Non exempt. Piece work. Reg. Pay,17.50 hr. I have done it for 4 years.

    What is the calculation of no days off in this amount of time?

    David’s Answer

    It depends on a lot of other factors that you have not mentioned. Give any attorney like our Firm or another rated AVVO office who handles these types of cases a call as you need to supply a lot more facts. In general though, it appears you are entitled to OT, as a general rule.

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  • A.S.A.P how can i find a fast way to know if my employer or DBA has been sued for the same thing before.

    i am suing my ex employer for overtime and i need to know that information. i already know someone tried to sue him for the same thing and my problem is that i am running out of time. when i called labor commission they told me it would take up to...

    David’s Answer

    Go online and search all records for plaintiffs or named defendants. Use your employers business name and any of the individual owner names as well. You can do this for each court district.

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  • California Workers’ Comp.; Attorney’s Fee question.

    I had 2 Attorneys; one quit when the case was at $28,000.00; the second Attorney quit when the case was at $50,000.00. After 5 years in pro per the claim is over at $110,000.00. They each have a lien in but will not tell me how much they want ...

    David’s Answer

    • Selected as best answer

    If an attorney quits a fee contingency case, absent good cause (i.e. client lied during discovery, threatened atty with harm, etc.), then the attorney forfeits fees and fee lien. At best, atty #1 would get some sort of lien based on the $28,000.00 offer and atty #2 would get a fee on the difference between $28k and $50k ($22k). Nobody will get a fee based on what you accomplished over $50k. Even so, a Judge may look at what the attorney did and why they quit to justify some sort of fees. If you have no issue with paying them something, simply call them up and negotiate. Get the final agreement in writing and present to the court - that way, none of your money will be held up. Good luck.

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  • Can I be charged with a hit and run if I wasn't the one driving when the accident occurred?

    My brother was driving my car and he lost control. We went over the center divider, but nothing was damaged, except for my car. I got a flat tire and the side mirror fell off (it was barely hanging on anyways). I was upset with my brother, so I le...

    David’s Answer

    This is a very slippery slope type of charge. The odds are you will beat it in court but you will need an attorney to do so. Contact a criminal defense attorney immediately.

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  • No insurance accident

    I got into a small accident but i dont have insurance i told the other driver i didnt have insurance since i just bought my car and he has all my info but i never got a ticket or citation. Can this person still come after me if we never made a cla...

    David’s Answer

    Yes, if they have uninsured motorist coverage, their insurance will pay the claim then the insurance company will come after you for reimbursement. You are liable for all reasonable medical bills, property damage and other damages. It is illegal to drive in CA w/o insurance so you need to get car insurance first before driving your car - the CA. minimum coverage is $15,000.00 right now and is pretty cheap.

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  • What is my best course of action related to the following uninsured car accident situation?

    My girlfriend hit another car while driving without insurance. The other driver did not file a police report and claims not to have called his insurance company (State Farm). He insists on having his "friend" repair the car without notifying State...

    David’s Answer

    To supplement the answer I already gave you this morning, your girlfriend is responsible for all reasonable medical bills and car damage, plus any reasonable damages such as wage loss, future medical and other damages. Do not give this person money without them signing a release of liability first - this is a very important document that will help your girlfriend protect herself. The answer takes a much longer time than can be written out therefore you should call an attorney immediately to discuss further. Calls like that are usually free the first time. Good luck.

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  • Do I have a case? Me vs lawyer?

    I went to a lawyer about a fall I had and its been about 6 months now and he put my case with another women case and sent me all her paper work and then he just told me I can't help you because of the other women case which does not have anything ...

    David’s Answer

    No, you have no case. The attorney, by accident, sent you the wrong file. However, attorneys are allowed to accept, or reject, whatever cases they want. If an attorney has already accepted a case / client, the attorney may end the representation without the client's consent unless the case is just prior to trial, in which case the Judge would have to approve. I would do nothing but let it go and find another attorney - think of it this way- if your attorney no longer wishes to be your attorney, is it in your best interests to try and force that attorney to represent you? No. Even so, there is nothing you can do at this point. The attorney did nothing wrong.

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