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Bryan L. Spoon Esq.

Bryan Spoon’s Answers

121 total


  • Can I file a discrimination complaint with the state?

    I was employed by Tumbleweed, however contracted to work in the schools. I lost my position at the school due to the principle at that school requesting that I not work there anymore. This was due to my health disability, where I needed to be of...

    Bryan’s Answer

    Is the agreement you talk about something you signed in order to work, or was it an agreement you signed after you were terminated in exchange for some amount of money?

    My initial suggestion is that you are going to want to file a claim with the Montana Human Rights Bureau (google it for the telephone number). From your brief statement, it would appear you have been illegally discriminated against based upon your disability. The ADA prohibits this type of discrimination and you may indeed be entitled to some form of relief. Call the Human Rights Bureau and speak with them about the specifics. They are very nice and will help you file a complaint. You do not necessarily need a lawyer for this, but getting one has its benefits. But call the HRB first and speak to Kim.

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  • What is a settlement range for a car accident for back injury caused by negligence of this type of auto accident?

    On January 7th 2016 I was in an auto accident. I was rear ended by a drunk driver while at a stop light. The police cited the driver with a DUI. I went to the doctor and had an MRI which showed I had a bulged disc in my lower back. I have some ...

    Bryan’s Answer

    I completely agree with my friend and collegue Scott. Any good personal injury attorney will take the time to sit down with you and discuss your options for a free initial consultation. Take advantage of that. Then you can provide all the details that matter and get some solid guidance.

    I'm sorry to hear about your situation. I wish you the best of luck moving forward.

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  • What's the limit on personal injury award (against both PD and county) for being shot by police officer?

    Is there a limit on damages sought against a police department and county for a personal injury case (e.g., being accidentally shot by a police officer)?

    Bryan’s Answer

    Mr. Flaherty is exactly right, and a great attorney.

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  • I have a strong case and proof of rights violated and false accusations the state made against me! I need a Lawyer

    I feel I have a strong case against the school and the state dfs! Recently my children were taken from me while in care of my mother temporarily. They claimed it was educational neglect, this in point I was resolving because my son was being bulli...

    Bryan’s Answer

    I would actually recommend contacting a family law attorney in Montana. That would be a good place to start. I wish you luck.

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  • Do I have a case?

    I believe I was wrongfully terminated from my job do to false accusations that I was making threats against the project manager. When I asked for proof and the signed witness statements they claimed they had, they would not provide them. It got to...

    Bryan’s Answer

    • Selected as best answer

    Actually, the answer to your question is a bit more complicated. Montana is the ONLY state that requires that an employer has "good cause" to terminate an employee. What you can do is write your employer a very short and succinct letter asking for the reason you were terminated and stating that anything they say can be used in litigation. Doing so will hopefully get you an answer to why you were terminated. I would also recommend speaking to a Montana attorney about what law governs your situation, as you may have a claim for wrongful termination. Keep in mind, there is only a 1 year statute of limitations on wrongful discharge cases. Another factor is whether you were an "independent contractor" or employee. I would encourage you to speak with an attorney in Montana.

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  • How do we stop a stalker

    We have a stalker. we have over 30 police dispatches to our house about this guy and the police did nothing. He vandalized our fence and we were told it was a civil matter! We finally got a restraining order against him and he didn't stop. The co...

    Bryan’s Answer

    • Selected as best answer

    You've gotten some good advice, but I would caution you to focus on attorneys who are licensed in Montana. Attorneys from all over like to answer these questions, and they have valuable contributions. But only an attorney licensed in the State of Montana can really provide you meaningful guidance. To be completely honest, I am tired of seeing the same attorney(s) responding with nothing but non-specific and generally unhelpful answers just to earn points on this website. Mr. Miller is not one of those attorneys, and the good responses you have received from (some) other out of state attorneys also provide helpful guidance. But there is one gentleman who posts in every jurisdiction one line answers that don't begin to address the actual legal questions asked. I would strongly urge you to view this type of post for what it is, rather than what it purports to be. Just keep in mind that attorneys are awarded points if they post anything at all on this site. That has led to what I consider spamming. A one sentence "answer" that really only serves to get the attorney additional points. I would caution you about these attorneys and would encourage you to consult the Montana State Bar to speak for a referral to an attorney actually interested in addressing your specific problem than accruing points on this site.

    That is my opinion. In any event, I wish you the best of luck, and I'm sorry to hear of your situation.

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  • Does this constitute Elder Abuse?

    I am 70 years old and was coerced with lies and false promises to sign an agreement to settle a lawsuit brought against me with frivolous claims designed to bankrupt me. The agreement is being grossly violated and I am prohibited from replacing m...

    Bryan’s Answer

    What constitutes "elder abuse" can be found in Montana Code Annotated Section 52-3-801, which is the "Montana Elder and Persons With Developmental Disabilities Abuse Prevention Act." Under section 803, "Abuse" is defined as:
    (a) the infliction of physical or mental injury; or
    (b) the deprivation of food, shelter, clothing, or services necessary to maintain the physical or mental health of an older person or a person with a developmental disability without lawful authority. A declaration made pursuant to 50-9-103 constitutes lawful authority.

    I hope this answers your question.

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  • Can the landlord evict us while we has the law suit going just because he wants to? We never were later on our bills in 1.5 yrs.

    My family and I moved into a rental property in Plains, Montana, June 2014. Month to month lease. after moving in we found out the landlord likes to do everything for the house ( trash pick up, rake, mow. ect,) so he has reason to e there daily. H...

    Bryan’s Answer

    If you have a lawyer for your accident, I would strongly recommend you consult him/her about this. That being said, there are anti-retaliation provisions in the Landlord Tenant Act. You should speak to your attorney about this.

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  • I started working for a Taxi company 6 weeks ago as an independent contractor. Company policy states pay day is on the 5th and t

    I started working for a Taxi company 6 weeks ago as an independent contractor. Company policy states pay day is on the 5th and the 20th of every month. My first pay day (02-05-2016) was not available because the company was putting it on my next p...

    Bryan’s Answer

    That sounds...odd, to say the least. I would direct you to the Montana Department of Labor Wage and Hour Bureau. (http://erd.dli.mt.gov/labor-standards/wage-and-hour-payment-act). Their number is (406) 444-5600. They should certainly be able to sort that out for you.

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  • Can they hold my w2s until I call if it's after January 31st?

    My ex employer did not mail my w2s out, I finally called after expecting to receive them in the mail, then was informed that they never mailed them and ask if I wanted them mailed or if I wanted to pick them up.

    Bryan’s Answer

    I'm not sure I understand the problem. Are they withholding your W2's, or did they just not mail them out?

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