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Lawrence Roger Holzman

Lawrence Holzman’s Answers

450 total


  • An Uber vehicle rear ended me. Can I sue Uber or is there a binding arbitration clause?

    An Uber vehicle rear ended me. Can I sue Uber or is there a binding arbitration clause?

    Lawrence’s Answer

    There is no binding arbitration with YOU! You should contact an attorney who does personal injury work (if you were injured) and they will take care of it. There is really nothing different about this than any other auto collision case from your perspective. The uber driver will have insurance that will cover the damages.

    The only time that the uber part of this would matter, would be if the injuries were so severe that the other driver's insurance were insufficient to cover it. In that case, your attorney might want to be going after uber as well. But I think that uber has done pretty well defending itself on the basis of having an independent contract relationship with its drivers.

    Depending on circumstances, your own underinsured policy could theoretically come into play if the other driver's coverage were insufficient and uber were not available as a defendant.

    But either way, there can be no "arbitration clause" with YOU because that's a contract principle.... and you don't have a contract with uber -- so there can be no binding "clauses" governing you.

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  • In what situations would a home seller receive all or a portion of the earnest money deposit?

    We accepted an offer for the sale of our home 2/29. There was a financing contingency for the buyer stating they needed to provide proof of financing w/in 40 days. When that time came, we signed an extension for 2 weeks (waiting on lender's receip...

    Lawrence’s Answer

    Unfortunately this can't be answered without reviewing the Kefalas contract because these can be very specific. Having said that, if you did not exercise the kick out clause then under most secure EM agreements you would be entitled to all of the fund.

    Unfortunately the difficult part is that now you need to either make a deal or take them to court.

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  • Do I have a case that needs lawyer?

    My meniscus got ripped while at work at the restaurant and I will be needing surgery. I'm going threw workers comp. so far 2 weeks out of work and about to enter the 3rd.

    Lawrence’s Answer

    Since you work in a restaurant, you may also want to speak with an attorney about your wages. There is a rising tide of wage theft among hourly employees, esp in the food service industry. Employers are using many mechanism to shortchange workers, including inappropriate deductions from tip pools, failing to pay all hours worked (lots of different ways they do this, including adjusting time entries after each shift), and others.

    In my office right now we have at least 10 food service cases under way. Contact an attorney for a consult about that in addition to a workers comp Atty (these are almost certainly different lawyers).

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  • What are my rights as an employee?

    I've been working for an insurance agent since May 16, 2016 as a producer. When I received my offer letter, it said I would be paid 18 an hour, plus commission. Since working there, I've written a number of polices, and worked 40 plus hours a week...

    Lawrence’s Answer

    These wage theft cases are rampant in our area!! You employer owes you money for the hours worked over 40 and also for the commissions. You are entitled to up to treble damages for the failure to pay wages as and when due.

    Both federal and state law protect you. In my office we've been seeing a vast increase in the incidence of wage theft. Typically employers resolve these cases quickly because otherwise they face the risk of paying not only you, but large lawyer fees to your lawyer. Having said that, we also have seen an increase in cases that require litigation. So, you never know. But in the end, you should be getting paid everything you are owed and then some.

    You should contact an attorney right away to go over your facts and your specific options.

    Larry Holzman

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  • Can an employer pay you less than what was agreed on?

    OK, so i called a lady named Nordia Dixon owner of "Global Entrepreneur Enterprises Inc." on craigslist about a job, she told me to show up the same day and start working if i wanted. I started the next day. No Safety gear, no tools, nothing. (She...

    Lawrence’s Answer

    Wage theft in various forms is just rampant in our area. I see it with clients almost every day. Your employer cannot retroactively change the rate of pay. She also cannot cancel a check like that. Potentially she is liable for 3x the amount of pay that was not made to you, plus attorneys' fees.

    You have rights under the Fair Labor Standards Act and the Maryland Wage Payment Act that provide the remedies listed above. You should contact a wages and hours attorney right away. In our practice we find that most employers wind up resolving these cases relatively early in the process --- and it doesn't matter how much or how little the wages stolen were, the recovery still happens the same way. So, there is hope for a recovery fast enough to actually help you in real time.

    There is also an issue to evaluate in terms of the daily rate and how many hours you worked.

    Larry

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  • Is it legal for an employee to be paid purely on commission with no guarantee they will be payed enough to equal minimum wage?

    if an employee works enough hours in a pure-commission job to equal, say, $400 of minimum wage payment, yet they did not make enough sales to be payed $400 or more in commission, is the employer required to pay the remainder to add up to at least ...

    Lawrence’s Answer

    Minimum wage is mandatory. BUT, there MAY be exceptions for commission sales persons under federal and/or state law. Unfortunately the dividing line can be pretty technical. Some commissioned sales employees must be guaranteed min wage and overtime. Others are exempt and the requirement isn't necessary.

    If you have concerns, contact an employment wages attorney and get some advice. There are many traps for the unwary with commissioned sales and employers frequently try to cheat, especially after a termination.

    Is your sales job inside or outside? Do you have an office at the company? What do you sell and who do you sell to? These are all questions that matter in terms of minimum wage issues.

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  • I was fired from my job after an accident. Is this company allowed to take my entire pay check without informing me?

    I went through an underpass that was too low for the company van. The only damage was the ladder rack got knocked off. I then lost my job. Today I was supposed to receive my pay, only to have my card declined. I reached out to one of the bosses a...

    Lawrence’s Answer

    Absolutely not!! The withholding of that check puts the employer at great risk now for having to pay you not only what you were owed but multiple damages.

    I'm finding that this and various other forms of employer wage theft are becoming more and more prevalent.

    The Federal Fair Labor standards act and the Maryland Wage Payment Act both protect you and provide multiple damages plus attorney's fees (so you should not have to go out of pocket to get your money back).

    Typically in a case like this I see recoveries within 90 days ( and sometimes as quickly as a few weeks).

    Find a lawyer who does these cases and get that check paid to you!!

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  • What do I do when my home will not sell and moving out of state?

    Purchased a home in Maryland and will be moving to Minnesota for a job. I have had the house listed and we are not getting offers on the home. There have been several people looking at the house, but all buyers say the home is too small. When I m...

    Lawrence’s Answer

    There are facts that are missing. Obviously you could lower the price to sell it. If you can't lower the price because the debt is to high then perhaps you can rent it out for an amount that would pay all of the mortgage. Then I a few years sell it when the mortgage is less and / prices go up.

    If none of that works then there are a range of options but if you have good credit you may want to push for renting it out if you can't sell it.

    You should talk to an attorney who knows real estate and probably bankruptcy and mortgage options. You may also have loan modification options.

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  • Can the courts make someone pay for your therapy if they're the reason you need it?

    In MD, could I sue my dad and win to make him pay for my therapy and require he keep me on his insurance until I'm 26 (he's threatening to take me off around my 22nd birthday this year because I don't want to talk to him) if he caused the issues f...

    Lawrence’s Answer

    I think Maryland may still recognize intra family immunity for negligence except for automobile negligence cases which are exempt from immunity by statute but even then only to the limit of available insurance.

    You may want to check in the family law section to see if one of those folks are up on this issue. Generally, my understanding is that you can't sue your parents for doing a bad job at parenting. Maybe as an intentional Tort, but even then my gut says this is tough.

    The line is a tough one to draw. But I think it's there.

    I'm willing to bet that the family lawyers know the answer to this.

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  • Can a retail business discriminate based on alienage (i.e. green card holder) vs US citizen?

    I am a lawful permanent resident (green card holder) and I have established a fully own Washington DC-based LLC. I purchased Quickbooks accounting software with the aim of using it to accept payments from my clients. But when trying to activate th...

    Lawrence’s Answer

    Generally not. I would need to do some checking regarding the banking component. In the wake of 911 etc there are many federal laws that affect banking and other contracts.

    Having said that, it's worth looking at more closely bc it duesnt sound right.

    You're going to need to retain an attorney to take your next steps.

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