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stephen83

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  1. I stated that he lives in Illinois.
  2. My son lives in Illinois and was rear ended. While the officer was running both drivers information my son found out that his license had been suspended. The other driver was ticketed for failure to reduce speed to avoid an accident and reckless driving. The other driver stated to the officer that he had been distracted. When the driver found out that my sons license was suspended he stated that he was going to dispute both the tickets and the insurance claim because he is in school for his CDL and that since my son doesn't have a license he's not at fault. So my questions are, can the driver dispute the insurance claim since my son license is suspended? Also, can his insurance claim be denied for that reason?
  3. I work and live in the state of Illinois. We work 12 hour shifts and there is currently a lot of overtime. The company I work for is telling us employees that you can not work your 7th day because if you do they will have to fill out some kind of paperwork because of the law. Do you know if there is a state or federal law that states you can only work 6 days, then you have to take a day off? Our shifts are kind of weird because our 7th day varies between Thursday or Friday. Meaning one week it's Thursday and the next week it is Friday. We do have a union but they have never heard of that. If there is a law that states this could you please tell me what law and where I can find it. Thank you for your help.
  4. My sister was involved in an auto accident that resulted in injuries to herself and my nieces. He vehicle was totaled. The accident was the other drivers fault. A week after the accident my sister hadn't heard anything from the other persons insurance so she contacted them herself and found out that the people never reported it to their insurance. The started a claim and sent her paper work but told her that they could not send an adjuster out to her because there may be some discrepancies. It has been a month and she hadn't heard anything still so she called the insurance company again and they told her she just has to wait. That the policy holder and the driver have not responded to their calls or letters so she will be contacted when this is done. The driver didnt show up to court on the court date so we are assuming he is not going to cooperate with the insurance either. In the mean time she is without a vehicle, missed work, in pain and getting harassed by the city because of having a broke down vehicle in her driveway. What can she do about this? Since there was insurance on the drivers car arnt they suppose to handle this regardless of the policy holder or drivers cooperation?
  5. stephen83

    fmla

    A friend of mine is on intermittens fmla because her 3 year old son was diagnosed with leukemia back in May of 2012. She is also pregnant with the due date being Feb.14,2013. We have short term disability so that will cover the pregnancy. We live in the state of Illinois. Her son has to have a procedure done which she wants to have done before she has the baby so because it is a new year she has 90 hours of vacation. She put in for her vacation so she could do this but the company told her she was on intermittens fmla so she can't use her so she can't use her vacation. Our question is can the company do this? Also is this considered 2 different fmlas'? One for intermittens fmla and 1 for her pregnancy. Thank you for your time.
  6. i'm sorry, i live in the state of illinois. as far as our union goes, we have our union president, vice president, secretary, and sergeant at arms at the plant. they're the ones that don't know and yes, it's not that great we have a hard time getting a hold of our union rep. people call her but sometimes it is weeks before she gets back to you. the point system is not in the contract because the employer wouldn't put it in the contract because they wanted to be able to change it when they felt needed. but you need to understand that we are the only plant with a union that this company owns and they really don't care if there is a contract or not. they have owned us for 2 years now and have put the union board and employees' through the ringer. we file grievances but they keep trying to put the screws to us constantly. we can't trust them for nothing.
  7. at my job we have a no fault point system.before we would get wrote up if we would forget to punch in or out. now my company want to give us points if we missed punching in or out; or have forgotten or lost our card. we do have a union but they really don't know if the company can do this. we all look at it that the point system is for absents. we want to know if there is a law or something that says a company can give you point because you forgot to punch in but you are working all your hours. a lot of the time if you forget to punch in or out, you find out when you get paid and your check is short. then when you complain, they tell you that you didn't punch in on a certain day so you didn't get paid. then you have to prove you were there at work. please help if you can,
  8. I live and work in the state of illinois. I am a fork lift and clamp truck driver and have been doing so for 27.6 years with out any problems. In late january, the company purchase new trucks. The new clamp trucks have a button you have to push on the lever you use to open the clamps. The first week my right hand started to swell and hurt so I told my supervisor. He told me to alternate my thumb and pointer finger, so I did. By April I couldn't even bend my pointer finger, my thumb and middle finger and wrist were hurting and swollen. Also the seat belt on the truck goes from right to left, and the emergency brake is on the left side of the truck, so my left wrist and thumb was swollen. By the way, I was not the only driver complaining. I finally told the company I wanted to go to the doctor cause I couldn't take the pain any more. I went to the doctor and was told I had tendinitis. I was put on light duty and did therapy. The therapy wasn't working, so they sent me to a different doctor who sent me to a hand therapist. Now it is July, so I have been on light duty since April, during this light duty, I am sitting on a chair that is like a bar stool for 12 hours everyday I worked.l. I started having muscle spasms from my neck going down my arm, and my groin area down my legs. I feel like I'm going crazy with all the pain every where. The therapist called the doctor because I was crying and couldn't take it anymore and told the doctor that the company was doing more damage to me than helping me. . She told me because there wasn't anywhere for me to rest my arms and my feet weren't able to touch the ground is why I was having the spasms. The doctor finally gave me something for the pain and told me the company disabled the button on the truck, so he was going to put me back on the truck. Now it is September and now they sent me to a orthapedic doctor who says I have carpel tunnel, tendinitis and a little bit of arthritis. He .gave me a shot of cortizone in my right wrist, it helped for a couple of days, then all the pain came back. When I went back he gave me another shot in my left wrist, that helped a couple days but the pain came back. What I want to know is if the doctor takes me off work how much does worker's comp pay? Also what can I do if he doesn't take me off work. It's been 5 months now and the pain I feel and not being able to do much is driving me crazy. I also went to my own doctor and she wants me off work but that would go under short term disability. I really can't afford to be off work cause I'm the only one working.
  9. stephen83

    FMLA

    I WORK IN THE STATE OF ILLINOIS. A FRIEND OF MINE WAS IN THE HOSPITAL FOR 2 DAYS, BUT SHE WAS ONLY OFF WORK FOR 5 DAYS. THE COMPANY SAID SHE DID NOT QUALIIFY FOR SHORT TERM DISABILITY, SO IF SHE TOOK HER FMLA THEY WOULD TAKE 2 OF HER VACATION DAYS. SHE ALSO HAD THE OPTION OF TAKING POINT FOR HAR ABSENCE. MY QUESTION IS CAN THEY DO THAT?
  10. stephen83

    OVERTIME

    I'VE BEEN WORKING IN A UNION SHOP FOR 27 YEARS, IN STATE OF ILLINOIS. WE HAVE ALOT OF OVERTIME, AS WE ARE A CONTINIOUS OPERATION. IN THE PAST, IF WE VOLUNTEERED TO WORK OUR 7TH DAY, WE WERE ALLOWED TO. WE COULD WORK AS MANY DAYS IN A ROW THAT A PERSON COULD HANDLE. WE HAVE IN OUR CONTRACT THAT THE COMPANY CAN NOT FORCE YOU ON YOUR 7TH DAY, EVEN THOUGH WE KNOW IT IS A LAW. NOW THE COMPANY IS SAYING WE CAN NO LONGER WORK OUR 7TH DAY. THEY ARE STATING SOMETHING ABOUT THE LAW HAS CHANGED AND THEY HAVE TO WRITE A LETTER TO THE STATE EVERY TIME AN EMPLOYEE WORKS THERE 7TH DAY. THEY DO PAY US OVERTIME FOR EVERY OFF DAY WE WORK AND TO BE TRUTHFUL, EVERYBODY LIKES THE MONEY. IF IT IS TRUE, COULD YOU ALSO TELL ME WHERE I CAN FIND THIS LAW.
  11. stephen83

    Reform Act

    The Sentencing Reform Act states that "[a]n individual found guilty of an offense shall be sentenced...to in a term of imprisonment as authorized by subchapter D." 18 U.S.C § 3551cbj(3). Subchapter D, as described in 3551 houses 3581((3). Section 3581((3) states that a sentence "for a Class C felony,[be] not more than twelve years." I have been found guilty of a class C felony and givin more than 12 years as authorized by the SRA. Does a sentence of more than 12 years violate 3581((3), and thus, be a sentence imposed in violation of the law, or does the sentencing reform Act not govern sentencing as Congress intended?
  12. stephen83

    sentencing

    Under Apprendi v. New Jersey, 530 U.S.466,483 and 490(2000), any fact increasing the statutory maximum for an offence must be submitted to a jury and proven beyond a reasonable doubt. I went to trial and was convicted of RICO conspiracy but was acquitted of murder as a predicate act, leaving me with a statutory maximum of 20 years. Because of Apprendi, the government had to allege and prove to a jury the homicide in order to raise my max from 20 years to life. At sentencing, however, the judge made a finding by a preponderance of the evidence that my conviction involved a homicide; a fact that raises my max to life. Of course the sentence would be reversed had i been givin life, but I was not. However, did the judge violate Apprendi by making a judicial finding of a fact which would raise my max even thogh he did not sentence me within the enhanced range, thus abusing his discretion and violating my II Amend?
  13. stephen83

    sentencing

    Jones v. U.S., 526 u.s. 227, (1999) found that allowing a judge to make findings regarding " serious bodily harm" to a victim in a carjacking under a perponderance of the evidence, which would raise the maximum possible sentence from 15 to 20 years would present a Due Process issue. Under 18 U.S.C.§ 1963(a), a finding of a racketeering activity carrying a max of life would raise the max for RICO from 20 to life would I be correct to say that a findin of murder as a racketeering activities (carrying a life max), assuming my max is 20 after trial, be the same type of judicial finding as "serious bodily injury" as was barred in Jones?
  14. stephen83

    sentencing

    "nder the Sixth Amendment any fact that Exposes a defendent to a greater Potential sentence must be found by a jury, not a Judge." Cunningham v. Calfornia, 127 S.Ct 856, 863-64 (2007). Is this true or not? I was found guilty in federal court ofracketeerin conspiracy; whitch carries a 20 year maximum. However, if my conviction was based upon a racketeering activity carrying a life sentence, say murder, my maximum is raised to life under 18 u.s.c § 1963(a). My max was 20 years after the jury verdict. I was givin that max at sentencing. So my main question is, if a Judge at sentencing makes a finding, by a preponderance of the evidence, that my RICO conviction involved a murder, does the judicial finding have the effect of raising my max from 20 years to life?
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