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Lindsey Bierzonski’s Answers

11 total


  • My father dies then my grandmother past a week later well is it true that all that was left to my father im entitles to gain

    all the money that was left to be divided is there anything stopping me from receiving my part of the money as long as im entitled to it

    Lindsey’s Answer

    In addition to what was posted above, what happens here would first depend on the wording of your grandmother's will. If your grandmother provided a statement indicating what she wanted to happen should your aunt or father pass away befor her, then that statement would control.

    Only in the event that the statement is not included would the other possibilities from the above posts come into play. A well written will does provide for what will happen should beneficiaries pass away before the person making the will.

    As you can see, there are many factors can come into play. Thus, I would strongly advise you to obtain a copy of the will and consult an attorney in your area who practices wills and estates. Good luck.

    Please note that this post is for informational purposes only and does not create an attorney-client relationship.

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  • Is it legal for a company to hire only non smokers, but allow their current employees to continue to smoke?

    A local company now states it will hire only non smokers, but it will allow their current employees to continue to smoke. Isn't that a form of discrimination?

    Lindsey’s Answer

    Furthermore, employment in Pennsylvania is "at will," which means that either the employer or employee can end the employment relationship at any time for any reason, unless it's an illegal reason. This goes for hiring as well. Employers can hire anyone or refuse to hire anyone for any reason as long as an illegal reason isn't a factor. Illegal reasons include discrimination based upon the person's age, sex, race, color, disability, religion, or national origin. There are some other possible reasons but there is nothing illegal about discriminating against smokers.

    If the company were not a private one, but a public one such as the government, then it might be possible that you have an "equal protection" claim because two classes of people are being treated differently. However, even in that situation, you would likely lose. Equal protection claims are not applicable to private employers such as local companies.

    Please note that this post is for informational purposes only and does not create an attorney-client relationship.

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  • Verbal Contracts?

    Grandfather of 2 children said he would pay 1K a month for each grandchild we had. Specifically stated "So if you have 12 you'd get 12K a month". Then made checks out monthly. (which the money was to help with the upbringing of kids) Now that ...

    Lindsey’s Answer

    There's a small possibility that you can claim you have come to rely on those payments so the payments should continue. The concept is called promissory estoppel or detrimental reliance. However you would still probably need to prove that you relied on his promise when you had the kids or relied on his promise when you say, quit your job or did something else against your own interest. There are other things that would need to be proven as well, so seek assistance. You probably would need to prove that you haven't done anything bad which made him stop making the payments. I would suggest consulting an attorney to evaulate your claim. $1,000 a month per child adds up to a lot of money over time. Good luck.

    Please note that this is for informational purposes only and does not create an attorney client relationship.

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  • My father passed away 6/09, An unknown will showed up at his funeral, that was a forgery, What is my legal stating as his daught

    The Executor had my father's will rewritten the day after his oldest daughter died, He was grieving, my father wasw with me,trying to get Airline Tickets to go to funeral. The will is a forgery, witnessed by Attorney and his secretary who is a no...

    Lindsey’s Answer

    As his daugther, you should have standing to contest the will because you would inherit from your father if the will is invalid. However, the lack of a Power of Attorney or Self Proving Affidavit does not immediately render a will invalid. You haven't provided very clear facts so I highly advise you to consult an attorney who can ask and answer questions to properly evaluate your possible claim.

    Good luck.

    Please note that this post is for informational purposes only and does not create an attorney client relationship.

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  • At what point is being paid time and a half required?

    my husband worked 16 hours in one day

    Lindsey’s Answer

    Under the Fair Labor Standards Act, overtime pay, as "time and a half," typically must be paid when an employee exceeds 40 working hours in any work week. The employee must also not be "exempt" from overtime, which can happen if the employee is salaried or a government worker, to name a couple exemptions.

    The number of hours worked in a given day can sometimes trigger overtime pay, but it depends on the type of job. There are also other gray areas such as whether time actually counts as "work."

    Your state law may have greater protection for employees than the federal law.

    You would really need to provide more information; but for the best response, consult an attorney in your state. Good luck.

    Please note that this post is for informational purposes only and does not constitute legal advice, nor is this post intended to create an attorney client relationship.

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  • My mother left 1/2 of one percent of her estate to the "Diabetic Society of America" of NY, NY in her will. I am the executrix.

    My mother left 1/2 of one percent of her estate to the "Diabetic Society of America" of NY, NY in her will. I am the executrix. I can find no such named entity. I believe she meant the American Diabetes Asso. but cannot prove that. The ADA is ...

    Lindsey’s Answer

    I agree with the above poster. Sometimes the Court will give the money to a similar organization with a similar charitable purpose, so the American Diabetes Association may be a good substitution. However based upon the limited amount of facts in your question, I would suggest that you may want to consult an attorney who focuses on probate procedures before approaching the Court. Whatever the Court chooses to approve as the appropriate action to fix the problem will depend primarily upon the specific wording of the will and then the circumstances surrounding the will's creation.

    Please note this post is for informational purposes only and is not intended to create an attorney client relationship.

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  • Can my job fire me because I have been on fmla because of a surgery

    I have had 3 knee surgeries and have been on 3 fmla's because of it, now my job is telling me if I don't return to work by Dec. 15th I will not have a job anymore. Can they do that legally to me or can I fight this somehow?

    Lindsey’s Answer

    The above poster is correct. To further clarify, please note however that the Family and Medical Leave Act (FMLA) only applies to employers that have 50 or more employees in 20 or more workweeks throughout a year. Employers with fewer employees are not required by federal law to provide you leave, unless the employer is "public" such as the government or a public school.

    The FMLA is federal law. You may also have similar rights arising under state law, specifically the Pennsylvania Human Relations Act, which generally applies to state employers and employers having 4 or more employees with some exceptions, or you may also have a claim arising out of an employee handbook depending on what is included in it. I would strongly advise you to consult an employment attorney in your area to discuss your situation. Good luck.

    This post is for informational purposes only and is not intended to create an attorney client relationship.

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  • Do i need an employment lawyer?

    i work for an EOE. When i was interviewed i disclosed about my spinal surgery in 2003 and that sometimes i have trouble lifting. i was hired anyway as an assistant manager. recently i was demoted to a customer service associate and my hours were c...

    Lindsey’s Answer

    If you believe that your employer is discriminating against you on the basis of a disability, you may have rights that are protected by the Americans with Disabilities Act. The answer depends upon your specific situation, what exactly you disclosed to your employer, whether you are fully capable of performing all the duties of your former position, whether they were trying to accommodate your pain, and more. You may also have a claim for partial unemployment compensation depending on your circumstances.

    Consult an attorney who practices employment law for more information on your rights. Good luck.

    Please note that this post is for informational purposes only and is not intended to create an attorney client relationship.

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  • What is the proper way to ask a judge to approve and sign a stipulated statement that has not been agreed upon by parties?

    Is there a particular format? or form to send this request to the judge? (Record is not available/parties can't agree/appeal is pending record or stipulated statement)

    Lindsey’s Answer

    In Pennsylvania, the format and requirements are set by local procedure and each court's local rules. Follow the rules published by your state and local court.

    Please note that this answer is provided for informational purposes only and does not create an attorney-client relationship.

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  • Employment law am I legal binded to give 30 days notice to an employer if its written in my no compete clause agreement

    I signed a non compete clause when I was hired an it stated I would give 30 days notice i did not give them 30 days I gave them 2 weeks now they are threathening to take legal action do they have a case

    Lindsey’s Answer

    Note that I am a Pennsylvania attorney but I can tell you to seek the advice of an attorney in your state. The answer you are looking for will depend on a number of things, including the circumstances surrounding the signing of the contract, what the terms are in the contract, and the circumstances surrounding your resignation. The contract may or may not be valid, first of all, but it still is possible they have a claim against you for breaching your contract according to whatever is specified in the agreement. Please seek the advice of a qualified attorney or try to work something out with your employer on your own. Good luck.

    Please note that this answer is for informational purposes only and does not create an attorney client relationship.

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