I have partial complex seizures. I list my position due to back injury. Management moved me to another department but using heavy machinery....

Question

I have partial complex seizures. I list my position due to back injury. Management moved me to another department but using heavy machinery. They know of my health & medication are they wrong?

Answer

Not necessarily. If you require a reasonable accommodation to perform your job it is your duty to make that request. If they moved you to this new department because they knew you have a physical disability that would prevent you from doing the work so they could fire you then that may be disability discrimination.

how can i fire my attourney. he keeps dragging the case on and cant give me a set amount to pay

Question

how can i fire my attourney. he keeps dragging the case on and cant give me a set amount to pay

Answer

Write him a letter and tell him he's fired. Ask when you can come pick up your file.

Do this IN WRITING. Don't use a phone. Don't send an email. PAPER. Keep a copy.

And while you're waiting to hear back from him, start talking to other lawyers.

This is an issue of a very heated debate between several attorneys we've consulted and we can't seem to get a definite answer on this case. ...

Question

This is an issue of a very heated debate between several attorneys we've consulted and we can't seem to get a definite answer on this case. My brother and I own a data recovery company in NYC that we just started up about 1 year ago. We are now facing our first legal trouble and would like some advice on the matter as we do not have deep pockets to hire an attorney.

The case:

We had a wedding photographer (client) who needed photos recovered from a hard drive. The client agreed to proceed with a $4500 quote to recover the data. After a successful recovery, we made several attempts to contact the client to pay the outstanding debt. After sending numerous letters and emails we learned that the client fled the country. The contract that the client signed stated that his property would be ours after a certain amount of days if he did not claim it.

About a week later we received a call from one of the brides whose photos were on the recovered disk. She said she knew the other brides and would contact them to gather the sum owed.

A few days later her father who happens to be an attorney in NYC sent us a letter that basically stated that her daughter does not know the brides and she is willing to pay $1000 of the total amount owed. He gave us by Friday to respond or he will be taking "further action" to obtain the photos.

Our contract with the photographer states: "The client is the legal owner, representative, or otherwise has a legitimate right to the property or act on the owners behalf and all data contained therein sent to NYC Data Recovery Services. Any property left with NYC Data Recovery Services and unclaimed for 60 days, will be disposed. At which time, NYC Data Recovery Services shall have no liability to the client or any third party."

We've sent this to the attorney and he replied with the following email:

"If you are suggesting you intend to destroy the hard drive and discs containing the photographs of my daughter's wedding and those of 5 other couples, I strongly urge you to consult with legal counsel. Doing so would constitute an intentional prima facie tort that would subject you and your company to compensatory and punitive damages. You are on notice of my daughter's interest and rights to the images as well as the rights of the others as yet unknown. I further suggest you reconsider my daughter's offer of $1,000 for her images; in the event of litigation, the costs will far exceed the amount in controversy and makes no sense. I will be in touch as soon as I have further information."

What are our options? What if destroy the data? Are we liable?

Answer

Keep in mind that not every legal claim and assertion that opposing counsel makes means that it's a correct legal claim or assertion.

You may recall that I replied with a brief general overview a few days ago. I'm sure this is very stressful for you, so keep in mind that it would not be costly at all to retain an attorney to write a reply letter and negotiate a fair amount for your recovery services. Feel free to contact me directly.

Roman R. Fichman, Esq.

www.TheLegalist.com │ @TheLegalist

email: Info (@) TheLegalist (dot) com

t e l : 2 1 2 -- 3 3 7 -- 9 8 3 7

Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. No intention exists to create an attorney-client relationship or any other special relationship or privilege through this post. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.

My wife cheated on me 2 years ago. Beyond that, her mother has been a tremendous thorn in the side of our marriage and actually encouraged h...

Question

My wife cheated on me 2 years ago. Beyond that, her mother has been a tremendous thorn in the side of our marriage and actually encouraged her infidelity and helped her arrange it. My wife and I have drawn up our own post-nup, which we have had notarized, that says if she is found to cheat again, i will divorce her and she will not contest, she waives her right to any maintenance, any share of marital property, and gives up her parental rights to our kids. We both signed and it was notarized . we live in NYS. is this enforceable?

Answer

As you describe it, probably not. But you should have it reviewed by an attorney...

Answer

The part which states that she gives up her parental rights is unenforceable. As to the rest of the agreement, there are requirements which must be satisfied to uphold the agreement. You should consult an attorney.

What make of lighter did James Bond light his ladies cigarettes with?

What make of lighter did James Bond light his ladies cigarettes with?
In Dr.No and Goldfinger Bond used a Dunhill Broadboy Mk2 lighter. It is a much better looking lighter than the Mk1, and they are very hard to find.

What are the release dates for Teen Wolf - 2011 Night School - 1.7?

What are the release dates for Teen Wolf - 2011 Night School - 1.7?
Teen Wolf - 2011 Night School - 1.7 was released on:

USA: 11 July 2011
Hungary: 13 July 2012
Belgium: 28 October 2012

A search warrant was excuted 8 weeks ago at our residence, we were not home at the time. How long do they have to file charges, and how do w...

Question

A search warrant was excuted 8 weeks ago at our residence, we were not home at the time. How long do they have to file charges, and how do we find out who/what was their probable cause?

Answer

Statutes of Limitation apply to the time period from the date an offense is committed to the date it is charged. Even for misdemeanors, this time period is often a term of three years or more.

Answer

While the law enforcement agency should have left a copy of the search warrant at your residence, that will generally not state the underlying probable cause for the warrant. In addition to the search warrant, an officer or detective has to file a supporting affidavit that states all of their reasons for believing evidence of criminal activity will be found at a particular place or on a particular person. If charges are eventually brought, you will have a right to a copy of the search warrant affidavit and will most likely want to challenge the probable cause. Remember, do not talk to law enforcement if they come back to your residence and want to talk to you about what they found. The best thing you can do is retain an attorney and notify law enforcement that you're not speaking to them without your attorney present. Feel free to contact me at 651-222-6603 if you have any other questions.

Answer

Minnesota has statutes of limitation for most crimes, limiting the time a prosecutor has to file a criminal Complaint or Indictment. The shortest is three years. You might think twice about trying to find out what they claim to have giving probable cause - at least prior to being charged. If you are chgarged with a crime, that will be easy to get as part of discovery.

How much horse power does an army tank have?

How much horse power does an army tank have?
The Vietnam War M48A3 90mm gun Patton tank had a 750 hp diesel V-12 engine.

The M1 Abrams has a 1500 horsepower gas turbine engine.
Most current production medium to heavy battle tanks will have motors rated from 900 - 1500 horsepower, while a light tank may range from 400 - 700 horsepower.

What is the last car on a freight train called?

What is the last car on a freight train called?
Guard's Van or a caboose.

What famous people were born on June 16?

What famous people were born on June 16?
People born on June 16 1988Keshia Chant, Canadian singer (b: June 16, 1988)

1980Joey Yung, Hong Kong singer (b: June 16, 1980)
Nehir Erdo?an, Turkish actress (b: June 16, 1980)

1977Kerry Wood, baseball player (b: June 16, 1977)
1972Hank von Helvete, Norwegian musician (b: June 16, 1972)

1971Tupac Shakur, American rapper and actor (b: June 16, 1971 ; d: September 13, 1996)Derek R. Audette, Canadian artist and poet (b: June 16, 1971)

1970Phil Mickelson, American golfer (b: June 16, 1970)
James Shaffer, American guitarist (Ko?n) (b: June 16, 1970)

1967John Franklin, American actor (b: June 16, 1967)
1966Jan Zelezn, Czech athlete (b: June 16, 1966)

1955Laurie Metcalf, American actress (b: June 16, 1955)

1952George Papandreou, junior, Greek politician (b: June 16, 1952)
Gino Vannelli, Canadian singer and songwriter (b: June 16, 1952)

1951Roberto Durn, Panamanian boxer (b: June 16, 1951)

1947-minu, Swiss columnist and writer (b: June 16, 1947)

1942Giacomo Agostini, Italian motorcyclist (b: June 16, 1942)

1941Lamont Dozier, American record company executive (b: June 16, 1941)

1940Neil Goldschmidt, Governor of Oregon (b: June 16, 1940)

1938James Bolam, English actor (b: June 16, 1938)
Joyce Carol Oates, American novelist (b: June 16, 1938)

1937Erich Segal, American author (b: June 16, 1937)

1935Jim Dine, American artist (b: June 16, 1935)
1934Dame Eileen Atkins, English actress (b: June 16, 1934)

1930Vilmos Zsigmond, Hungarian cinematographer (b: June 16, 1930)

1929Ramon Bieri, American actor (b: June 16, 1929 ; d: May 27, 2001)

1927Tom Graveney, English cricketer (b: June 16, 1927)
Herbert Lichtenfeld, German author and playwright (b: June 16, 1927)

1920Jos Lpez Portillo, President of Mexico (b: June 16, 1920 ; d: February 17, 2004)John Howard Griffin, American writer (b: June 16, 1920 ; d: September 9, 1980)

1917Katharine Graham, American publisher (b: June 16, 1917 ; d: July 17, 2001)Irving Penn, American photographer (b: June 16, 1917)

1916Hank Luisetti, baseball player (b: June 16, 1916)

1912Enoch Powell, British politician (b: June 16, 1912)
1910Juan Velasco, President of Peru (b: June 16, 1910)

1909Archie Fairley Carr, biologist (b: June 16, 1909)
1907Jack Albertson, American actor (b: June 16, 1907 ; d: November 25, 1981)

1903Helen Traubel, American soprano (b: June 16, 1903 ; d: July 28, 1972)

1902Barbara McClintock, American geneticist (b: June 16, 1902 ; d: September 2, 1992)
George Gaylord Simpson, American paleontologist (b: June 16, 1902)

1897Georg Wittig, German chemist, Nobel Prize laureate (b: June 16, 1897)
1896Murray Leinster, American author (b: June 16, 1896)

1890Stan Laurel, British-born actor and comedian (b: June 16, 1890 ; d: February 23, 1965)

1880Otto Eisenschiml, Austrian-American chemist and historian (b: June 16, 1880)

1874Arthur Meighen, ninth Prime Minister of Canada (b: June 16, 1874 ; d: August 5, 1960)

1858King Gustav V of Sweden (b: June 16, 1858 ; d: October 29, 1950)

1840Ernst Otto Schlick, German engineer (b: June 16, 1840)

1838Cushman Davis, American politician (b: June 16, 1838)

1837Ernst Laas, German philosopher (b: June 16, 1837)

1836Wesley Merritt, American soldier (b: June 16, 1836)

1829Geronimo, Apache leader (b: June 16, 1829 ; d: February 17, 1909)

1826Constantin von Ettingshausen, Austrian geologist and botanist (b: June 16, 1826)
1820Athanase Coquerel, French protestant preacher (b: June 16, 1820)
1813Otto Jahn, German archaeologist (b: June 16, 1813)

1806Edward Davy, English physician, chemist, and inventor (b: June 16, 1806 ; d: January 26, 1885)

1801Julius Plcker, German mathematician and physicist (b: June 16, 1801 ; d: May 22, 1868)

1792John Linnell, English artist (b: June 16, 1792)
Sir Thomas Mitchell, Australian explorer (b: June 16, 1792)

1738Mary Katharine Goddard, American printer and publisher (b: June 16, 1738)

1644Henrietta Anne Stuart, Princess of Scotland, England and Ireland and Duchess of Orlans (b: June 16, 1644 ; d: June 30, 1670)
1633Jean de Thvenot, French traveler and scientist (b: June 16, 1633 ; d: November 28, 1667)

1613John Cleveland, English poet (b: June 16, 1613 ; d: April 29, 1658)

1612Murad IV, Ottoman Sultan (b: June 16, 1612 ; d: February 9, 1640)

1606Arthur Chichester, 1st Earl of Donegall, Irish soldier (b: June 16, 1606 ; d: March 18, 1675)

1591Joseph Solomon Delmedigo, Italian physician, mathematician, and music theorist (b: June 16, 1591 ; d: October 16, 1655)
1583Axel Oxenstierna, Swedish statesman (b: June 16, 1583 ; d: August 28, 1654)

1514John Cheke, English classical scholar (b: June 16, 1514 ; d: September 13, 1557)

1313Giovanni Boccaccio, Italian writer (b: June 16, 1313 ; d: December 21, 1375)

we are struggling with paying rent, but sending money every week to get caught up and have advised him of problems and are trying very hard....

Question

we are struggling with paying rent, but sending money every week to get caught up and have advised him of problems and are trying very hard. He shut off electric on friday., we have ni water or electric. I am 70 years old on disibility and there is a child in the house. It is raining and cold. What should I do. We are trying and don't want to move. but hre wants all money right now,

Answer

contact the electric company - it is against the law for the landlord to cut off the utilities.

Answer

Also call Code Enforcement, Health Department and the police.

Is it possible to delete a social security number on a bank c.d to a estate tax I.d number...

Question

Is it possible to delete a social security number on a bank c.d to a estate tax I.d number...

Answer

The bank will likely offer to close the CD and open a new CD with the estate Tax ID number.

How can you locate instant centre in side view swing arm geometry?

How can you locate instant centre in side view swing arm geometry?
Project a line running between the top control arm/frame mountingpoints in the side view plane. Do the same with the bottom mountingpoints. The intersection of the two lines is the SVSA IC.

What are weft threads?

What are weft threads?
When weaving cloth (fabric) on a loom, the weft threads are the ones that are passed back and forth horizontally over and under the vertical warp threads.

I recently purchased a 2014 ford focus and traded in an 03 Chevy cavalier. My cavalier had liability insurance coverage. I was not required ...

Question

I recently purchased a 2014 ford focus and traded in an 03 Chevy cavalier. My cavalier had liability insurance coverage. I was not required to upgrade my insurance premium to full coverage at the time of the bill of sale on the new vehicle. I was not aware that my new car was not fully covered at all. When exiting the dealership, I was struck on my right side by another driver, but because I was making a left hand turn in the state of Mssouri, I was found majority at fault. I am now responsible for the damages to my vehicle because I was underinsured during the time of the accident. Is there anything I can do from a legal standpoint here?

Answer

Meet with an experienced insurance attorney to determine if there is any liability on your agent or his company for filing to either properly advise yor or to property insure you.