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Andrew Perry Wirick

Andrew Wirick’s Answers

8 total

  • Can i sue for finding plastic in bubble gum?

    Good afternoon. Two weeks ago i found a piece of plastic in one of hubba bubbas gum and i thought ok it happens once is ok..and then i oprn the second piece of gum and i find the same exact piece of plastic. I called the company and they told me t...

    Andrew’s Answer

    Did you receive any type of physical injury from eating the gum? If not, even if you could prove they were liable you would have no real damages.

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  • I had to quit my job because another employee harassed me while i was on the clock. can i sue my previous boss?

    i had to call the cops to get the girl to leave the store. i told my boss the next day if they didnt fire her i could not work there anymore bc i feared for my safety. my boss refused to fire her, even though she came into work off the clock threa...

    Andrew’s Answer

    First, have you filed for unemployment benefits? If not you should do so. Ordinarily if one quits they are not entitled to such benefits, but you appear to have a case for constructive termination, which is an exception to that rule.I would need more information to evaluate a claim against the employer. You would definitely have a claim against the co-employee.

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  • Can I insist on being made whole before insurance subrogation

    I won a law suit, the defendant is now under investigation for prosecution regarding my case and others(fraud). My insurance recognizes over 1 million in loss, the policy maxes out at 400k, can they still insist on subrogation, here...

    Andrew’s Answer

    Indiana has a lien reduction statute, which allows you to reduce the lien in proportion to the percent of recovery v. total loss. You can first reduce the lien by 1/3 (for the attorney fees in prosecuting the case), then by another 60%, since you only recovered 40% of the loss (assuming the loss is 1 m.)

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  • How do I know how much to ask for, for pain and suffering, and a PPI on my foot?

    I was stopped at a light and rear ended. The police should have checked to be sure the gut should have been driving, but they didn't. However, I was injured. I had a severe concussion, ankle fracture, scarred face, had surgery, several casts, have...

    Andrew’s Answer

    I would agree with the above answers. An attorney has to review your entire situation and medical records before properly evaluating your claim. There may be indicators suggesting a need for future surgeries, for example, which could substantially raise the value of the claim.

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  • Can I sue for injury?

    I had shoulder surgery a month ago, but today I was in a car accident. We were t-boned on the driver side (other driver was at fault). I was on the driver side in the back seat, my shoulder hit the glass/ door. We were only going about 20mph due...

    Andrew’s Answer

    It is important that you not settle your claim prior to knowing the full extent of your injury. You are still treating and you may have injuries which will substantially affect the value of your claim (as well as your own future).i

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  • How can i file a complaint against the EEOC for discrimination

    I have filed several discrimination complaints with the EEOC for discrimination against men as bartenders. Every one of these complaints have been dismissed without even bothering to investigate the case. It is my understanding that one of their i...

    Andrew’s Answer

    Sounds like the Saloon has the BFOQ defense used by Hooters, that the bartenders need to be female because they are part of the "entertainment."

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  • Employer writes bad checks consistently. Is there anything I can do?

    First of all, if this has already been posted and answered I'm sorry, I searched first but found nothing. I've been working at an independent store for over a year. My boss writes me bad checks on a pretty constant basis. As it stands right now...

    Andrew’s Answer

    I would agree with the previous answer. Writing bad checks also likely violates Indiana Wage statutes, entitling you to additional damages and attorney fees if the matter is not corrected by your employer within 10 days of having received a demand letter to do so.

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  • Is it legal for a past employer to reveal in a reference check why an employee was discharged or fired?

    I am trying to gain new employment, and I believe my past employer is preventing me from this by saying negative things about me.

    Andrew’s Answer

    Generally speaking, it is legal for your past employer to make truthful comments about you in a reference. It is not legal for them to defame you, although the definition of defamation is much narrower than people would expect. Often former employers communicate the necessary information without making statements that may be viewed as defamatory by simply stating the individual is not eligible for rehire, a term which is usually the kiss of death for prospective employers. There are exceptions to this rule, but they are narrow.

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