Spencer Caswell Young’s Answers

Spencer Caswell Young

Oakland Employment / Labor Attorney.

Contributor Level 9
  1. Do personal injury attorneys prefer referral to chiropractors or orthopedic surgeons?

    Answered 9 months ago.

    1. Malosack Berjis
    2. Robert Andrew Michael Burns
    3. Mark David Apelian
    4. Richard Todd Rosenstein
    5. Pamela Octavia Pitt
    6. ···
    18 lawyer answers

    Attorneys and insurance adjusters generally prefer an orthopedist's opinion or treatment over a chiropractor's opinion or treatment. Like one of my colleagues below, it is good to have your primary care doctor have a written referral to the most appropriate service provider to show a chain of command, i.e. that you didn't just go to the ortho because you read that you should on Avvo, but rather you went because another doctor thought it best. I have gotten decent results from cases where the...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. How long should adjuster take

    Answered 8 months ago.

    1. John Reisz Hilgeman
    2. Spencer Caswell Young
    3. Tanya Marie Bachand
    4. Mario David Cometti
    5. Francis M Smith
    6. ···
    8 lawyer answers

    I am in California, this is not legal advice. Adjusters can take however long they want to take. They usually take a week to a month to give an offer. I find it extremely hard to believe however that the adjuster has made no offer given the facts above. It's your lawyers duty to give you an offer amount, no matter how poor/small it is. Maybe the case changed adjusters because the person on the case left, was not qualified to handle the case. Ask our lawyer to follow up asap....

    8 lawyers agreed with this answer

  3. Is it too late to file a wrongful death suit?

    Answered over 1 year ago.

    1. Malosack Berjis
    2. Robert Max Klein
    3. David B Pittman
    4. Richard Andrew Harting
    5. Glenn Tadaomi Honda Jr.
    6. ···
    8 lawyer answers

    You had 6 months from the date of his death to file a claim with the county in which he passed. The statute of limitations for wrongful death is 2 years. It appears you are too late by at least 4-6 years.

    6 lawyers agreed with this answer

  4. Last Employer won't mail me my last check and is holding it. I worked 10 hr shifts the 30 min lunch is taken from our OT pay

    Answered 8 months ago.

    1. Spencer Caswell Young
    2. Patrick John Phillips
    3. Neil Pedersen
    4. Daniel Michael Holzman
    5. Kristine S Karila
    6. ···
    6 lawyer answers

    You have a whole host of legitimate claims. Consult a local attorney and together stop this illegal activity. No, you're entitled to a 30 minute lunch. They can't take this out of overtime pay if the lunch is not an uninterrupted work time. Even if they lunch is uninterrupted, they most likely can't strip you of hours earned.

    Selected as best answer

  5. Employment: What would be the best route for me to take for employment with a law firm ?

    Answered 5 months ago.

    1. Spencer Caswell Young
    2. Pearlette Vivian Toussant
    3. L. Vincent Ramunno
    3 lawyer answers

    It's almost always a good idea to intern if you can afford it.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. My son in law saw a chiropractor for his back, which put him in the hospital with a herniated disk requiring surgery. No Ins.

    Answered over 1 year ago.

    1. Alan Baker
    2. Spencer Caswell Young
    3. Chris Matthew Limberopoulos
    4. Christian K. Lassen II
    5. Lawrence Michael Hall
    5 lawyer answers

    This answer should not be taken as legal advice because 1) I am in California and, according to your post, you are in a different state, and 2) we don't have an attorney-client agreement. However, general personal injury principles can apply which may shed some light on this. The answer to question 1, whether there is a viable negligence case, is: possibly yes and possibly no. Without reviewing the evidence, e.g. documents, medical records, and without interviewing witnesses who might...

    Selected as best answer

  7. Can i sue my work for sexual harassment without any recorded proof? is it legal to record my boss without them knowing?

    Answered 5 months ago.

    1. Michael Robert Kirschbaum
    2. Jonathan Aaron Weinman
    3. Stacy Yva North
    4. Spencer Caswell Young
    5. Sagar P. Parikh
    6. ···
    6 lawyer answers

    I too would need more specific and substantial facts about sexual harassment to know if you have a case. It is illegal to record your employer with an audio tape. I just settled a sexual assault/harassment case for less than we deserved against Home Depot because my client recorded her boss apologizing. Instead of recording, make contemporaneous notes by emailing yourself from a personal email account (not work email). Emails time and date stamp events down to the second and are useful...

    4 lawyers agreed with this answer

  8. Can myvemployer threaten me with termination

    Answered 6 months ago.

    1. Spencer Caswell Young
    2. Dana Leigh Ozols
    3. David Herman Hirsch
    3 lawyer answers

    There are not enough facts in here to suggest that your employer is doing anything illegal. There is no legal duty to promptly return an employee's calls. There is no legal duty to let another employee stand in for another worker, unless there is some disability accommodation requested, and even then, it's fact specific. Threatening to terminate also does not amount to a legal violation. You also have not stated why you need the day off, so it sounds like to me you to go to work or risk...

    4 lawyers agreed with this answer

  9. What means and requirements are needed for a strong sexual harassment case? Is HR required to follow company policies?

    Answered 8 months ago.

    1. Spencer Caswell Young
    2. Neil Pedersen
    3. Kristine S Karila
    3 lawyer answers

    Like most cases, a strong sexual harassment case is going to come down to having credible witnesses and documents to back up your own testimony about harassment. The harassment needs to be severe or pervasive. You need to file a complaint of harassment with the Department of Fair Employment and Housing within 1 year of the last date of harassment or negative action related to complaining about harassment. There is no law that says HR has to follow their own policies. However, if a company...

    4 lawyers agreed with this answer

  10. Is this job injury considered "personal injury"? Liability insurance?

    Answered over 1 year ago.

    1. Marc Lazarus
    2. George Costas Andriotis
    3. Robert Max Klein
    4. Andrew Daniel Myers
    5. Christian K. Lassen II
    6. ···
    9 lawyer answers

    If you are an independent contractor, you most likely do not have worker's compensation rights. However, there is a stringent test as to whether you were a contractor versus an employee. Employees have more rights, including Worker's Comp rights. CA judges err on the side of granting employee status. You should consult a CA employment lawyer for this matter. I recommend picking a local lawyer from CELA - California Employment Lawyer's Association. Check out www.celaweb.org. Regarding...

    4 lawyers agreed with this answer