lundi 17 décembre 2018

Auto Insurance: The Complainer Database Myth

My question involves insurance law for the state of: CA

I've helped a friend submit a complaint to the CA state department of insurance, about a 3rd party claim (against the insurance of the at-fault driver). Soon after she panicked as she heard from her father that anyone who complains to the CA state is put by the insurances in a "complainer database", which means she'll pay higher premiums next time she switches insurance.

I could not find a way to debunk this conspiracy theory. I googled this topic but found no discussion about it. I believe it is an absurd idea but makes just enough sense on its surface to be believable. I think it would violate a number of CA privacy and consumer laws. I realize it's almost impossible to dissuade a conspiracy believer, but I was wondering if anyone has a better idea than me on how to disprove it.

I guess I should re-evaluate my choices in the matter of friendships ^^


Auto Insurance: The Complainer Database Myth

Business Disputes: Legal for an Employer to Send Emails Using My Name Without My Consent

My question involves business law in the state of: Texas

I am an independent contractor. My employer terminated our contract (without complying with the 5 day notice requirement, by the way). She then sent an email to all of my LinkedIn contacts stating that it was my last day with the firm and stating that those contacts would "be in good hands with another person at the firm." It also stated that "they are truly the best in the business." I didn't say any of those things and didn't authorize the use of my name in any way. What legal recourse do I have?

She (her firm) also owes me commissions under the terms of the contract, and I would like to know if this unauthorized use of my name gives me any leverage in getting the money I am owed.

Thanks!


Business Disputes: Legal for an Employer to Send Emails Using My Name Without My Consent

dimanche 16 décembre 2018

Character Witnesses in Custody

My question involves a child custody case from the State of: New Jersey

I have a question regarding witnesses.

I currently have my in laws staying with me and my wife at her request. They have had a lot of access to our home life. I am concerned that they will testify that I am not a good father (even though I am good...or at least I think so). I dont have anyone really who has watched me as a father as my child is very young and we stay at home. I dont have a character witness to counter.

How credible would the parents of my spouse be? How much weight would their testimony bring, considering they would be pretty biased? I am especially concerned that they may lie and I wouldn't have much evidence against it other than my own testimony.


Character Witnesses in Custody

samedi 15 décembre 2018

Business Disputes: Axonhcs: Possible Fraudulent Conveyance

My question involves business law in the state of: New York

There is an action being brought against a plaintiff (AxonHCS) that I suspect may try fraudulent conveyance, is there anything that can be done in advance to prevent this?

https://iapps.courts.state.ny.us/fbe...BT04xNmrDrcw==


Business Disputes: Axonhcs: Possible Fraudulent Conveyance

Business Finance: Health Insurance Benefits

My question involves business law in the state of: New York

I have a business (C-corp) and I am the only employee of my business. Can I provide a health insurance plan for me as an employee funded from corporate money? What the maximum percentage (or $ amount) I can use from my corp?

And additional question. The plan that I am going to buy is eligible for HSA. Can I reimburse from corp account to myself medical expenses that not covered by plan, like amount that goes to deductible and co-payments?


Thanks


Business Finance: Health Insurance Benefits

Transferring Title: Lapse in Insurance License Suspended

My question involves vehicle registration or title in the state of: PA

My insurance company screwed up and didnt add vehicle i bought after i called them to add car. So we had a lapse in coverage and now license plate is to be surrendered for 3 months. If we get rid of the car will there be any other form of suspension or will the whole issue be dropped?


Transferring Title: Lapse in Insurance License Suspended

Denial & Appeals: Employer Claims Willful Misconduct

My question involves labor and employment law for the state of: Pennsylvania

I began employment on 09/17/2018 in a job that I had been seeking for over a year. I truly loved this job. This job also had a 90 probationary period. On 10/01/2018, the power failed at my house before my alarm would have gone off. I have a special alarm clock due to my severe hearing impairment. The battery back up keeps the time, but doesn't signal the alarm. In short I was late for work. I emailed my supervisor as soon as i woke up, and the only thing that was said to me was, that I had to work through my lunch. On 10/11/2018, i left my house at my usual time (7am). The drive to work is roughly 50 minutes. I had to be at work no later than 8:30. 1/2 was through my drive, i encountered an oversize load truck which I had no choice but to follow since there wasn't a passing zone in that area. A detour at that point would have seriously delayed me. I arrived at work 11 minutes late. On 10/15/2018, I encountered another oversized load, but was able to detour accordingly. While on the interstate, which had been under construction for many years, i got stuck in a traffic jam. Arrived at work 8 minutes late. On 10/18/2018, i was let go, because I was only allowed to be late 2 times in the 90 day period. Unemployment is denying my claim for willful misconduct.

The notice of determination states:
FINDINGS OF FACT
1. The Claimant last worked on 10/18/2018.
2:-The Claimant was discharged for tardiness.
3. The Claimant did not need to be warned as the claimant was within in 90 day probationary period.
4. The Claimant's reason for his last tardiness was he was stuck in traffic.


DISCUSSION
In situations where a Claimant is discharged for tardiness, the burden of proof is on the Employer to show the Claimant had been warned about his attendance and was aware that future tardiness could result in a separation. Once this is established, the burden shifts to the Claimant to show good cause for the last tardiness.
In this case, the Claimant had been warned about his attendance. In addition the Claimant has not shown good cause for the last tardiness. As such, the Claimant's actions constitute willful misconduct and benefits are denied under Section 402(e).
DETERMINATION
The Claimant is ineligible for benefits under Section 402( e) of the Pennsylvania Unemployment Compensation Law beginning
with waiting week ending 10/20/2018.


I was NEVER warned, ever.
Furthermore, the employee handbook was electronic. My job was so busy, i didn't have only a few minutes to skim through it. Therefore I was totally unaware that i would be fired.

Under UC Law for absenteesim and tardiness it states:
Prior to being discharged for absenteeism or tardiness, the claimant must have been warned about such conduct. In addition, there have been cases where one absence is sufficient to show willful misconduct. The reason for the last occurrence will be taken into consideration in determining if the claimant had a good reason for being tardy or absent. Absenteeism alone may justify a discharge, but without a showing of wanton and willful disregard of the employer's interests, benefits cannot be denied. Generally, if an individual has good cause for missing work, such as being ill or having an ill child, and reports off according to the employer's policy, that individual's conduct does not rise to the level of willful misconduct.

I don't see a provision or exception to that rule, for a probationary period.

My hearing is Tuesday Dec 18th.

Do I have a valid argument?


Denial & Appeals: Employer Claims Willful Misconduct