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Maxwell Charles Livingston
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Maxwell Livingston’s Answers

669 total


  • Can I sue for wrongful death my mother died as a result of an aide at a rehab facility?

    An aide put her fingernail thru my mother's calf causing an inch and a half laceration. Fifteen days later she died from sepsis.

    Maxwell’s Answer

    That is horrific. I'm so sorry to hear that.

    There may be grounds to sue if you are appointed special administrator. Do you have any follow up questions I could help you with?

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  • Will I be able to recoup lost wages etc? can I sue?

    Was at football practice for school with 10 yr. old son. On adjoining field was mens softball league. Man hit a line drive over the fence, someone hollered, we ducked, I tried to shield my 7 year old daughter because we did not know where the ball...

    Maxwell’s Answer

    Is the softball league insured? Or, did the lessor of the field insure the league?

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  • Is it legal to change an employee's salary based on decreased productivity while on unpaid FMLA leave?

    I am a physician and half of my salary is based on my production. Salary is calculated twice a year in January and June and based on the production in the 12 months prior. In February, I took a 12 week unpaid maternity leave covered by FMLA. Wh...

    Maxwell’s Answer

    This may be deemed a pay cut for taking FMLA; if so, it may be seen as retaliatory. As someone who's handled retaliation cases, I recommend you consult (typically for free) a Wisconsin attorney who has handled such cases; otherwise, it may be difficult to recover for a possibly retaliatory act. Thank you.

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  • As a renter, how should I handle lead paint all around the property I am renting.

    The health department did a free lead testing and found lead paint almost everywhere. I have a two year old son. The shed is peeling like crazy. I almost think it's also an environmental as well. The road drains lead directly to the river. Moving ...

    Maxwell’s Answer

    It may be wise to consult with an Attorney on this for assistance. Thank you.

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  • How do I make sure that I have a solid case of Harassment in the workplace.

    Me and My Girlfriend both work at American Family insurance and since than we have been nothing but harassed and made examples of by one of the Managers. Ex. Put on probation, have to send emails when we arrive, have to send emails when we go on o...

    Maxwell’s Answer

    For a prima facie case of discrimination, you must (i) be in a protected class (such as race, gender, or religion); (ii) having satisfactorily performed on the job; (iii) having suffered an adverse employment action (such as termination or demotion); and, be treated worse than someone at your job not in your protected class (such as getting paid less or being required to do more). As someone who has helped with a great deal of these sorts of case in Wisconsin, I can tell you it is wise to consult with an attorney that specializes in this; they will typically not charge for a consult. Thank you.

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  • I need a legal document that says a previous tenant will pay me what he owes me.

    I just sold a duplex in which a tenant owes me about $10,350. I kept letting him slide on payments because he had just opened a new business. Now I would like for him to sign a legal document saying he owes me $10,350 and that he will pay me withi...

    Maxwell’s Answer

    As someone who has drafted such agreements and represented landlords who drafted agreements themselves (without attorney assistance) later in court, it is worth working with an attorney to have the agreement drawn up right.

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  • Can I proceed further legal action against the defendant after small claim had been ignored? What lawyers do I need?

    Valvoline instant oil change did an oil change to my vehicle and did not tighten the oil filter. The motor is seized due to lack of oil (inspected by Andrew Toyota Dealer license mechanic). I had filed for a small claim and the judge of Dane cou...

    Maxwell’s Answer

    I agree that you can file to enforce the judgment plus attorneys' fees and costs. Have you considered retaining an Attorney to assist? Assuming service was proper, Defendant likely will not have grounds to reopen here.

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  • Can the Union force my employer to take me off payroll and become an independent contractor?

    When Wisconsin became a right to work state, I opted out of the Union. From that point on my employer and I came up with a package to benefit both of us since I did not need any of the Union package to where I was just a payroll employee and they ...

    Maxwell’s Answer

    Mis-classification mostly centers around control around employment (if employer controls = employee; if employer does not have control = independent contractor); this is an over-simplification but gives you the general idea. 7th Circuit has recently ruled on this distinction in a FedEx case. Are you saying that you are truly an employee but you are being treated as an independent contractor so they avoid paying benefits and/or taxes? Thank you.

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  • How to proceed after boss verbally denied my ADA accommodation request

    I have disability accommodations at work (work 2 days a week as a secretary rather than as a CNA) . When I talked to my boss about changing them to schedule me as secretary whenever possible (when the normal secretaries call in as well as my 2 day...

    Maxwell’s Answer

    It would make sense to file a written request then you will have proof of the request should she try to retaliate. Best of luck to you. Thank you.

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