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ElleMD

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Everything posted by ElleMD

  1. One can't lose retirement benefits which have vested, but other non-required benefits can change or be discontinued. I've handled such changes and you do need to find out if it only affects new retirees or if you are personally affected as well. I've always grandfathered existing retirees, which it is possible to do so. It isn't always as there are some cases where certain benefits are just not being continued for anyone at all.
  2. This happens far more often than you might think. He should file the STD claim and make sure the WC carrier knows about the other surgery. He also needs to tell the doctor scheduled to see him for his foot about the other surgery as it may impact his ability to get to that appointment and the doctor may reschedule. Most often what happens is WC benefits are suspended while the person is primarily disabled as a result of another health issue, then resume if necessary once they have been cleared. It can vary by state in practice, and he may still get TTD from WC until cleared by the doctor for his foot, then STD would pick up at that point. Either way, this won't be either carrier's first rodeo and they will know how it plays out in his state.
  3. Talk to an attorney because the devil is in the details, but if the agreement is just between you and the father, you only need to allow the father the opportunity to exercise his parental rights as outlined in the agreement. Those rights can't be delegated to another party.
  4. I would strongly suggest your friend get an attorney. If she is hurting for money, try legal aid clinics, and law school clinics for free or reduced cost services. Multiple police reports that indicate she is not under the influence might actually help her; both in bolstering the claim that she is high "all the time", and that the ex has an unrealistic/unfounded concern for the baby's safety.
  5. It is a little bit hard to follow your post and determine what your question is. It sounds as though you have been off work for more than 12 weeks in the past year. If that is the case, then you are no longer covered under FMLA. Short term extensions of leave *can* be a reasonable accommodation under ADA, but nothing in ADA requires the employer to maintain insurance for an employee on leave. It isn't clear if you filed for that particular accommodation or not. While most STD plans will cover you for 6 months, that is not the same as leave from work. It is merely an income replacement insurance. Employers are free to have their own leave policies and allow more than the minimum the law requires. Any additional time beyond what is statutorily required (i.e. FMLA) is at the discretion of the employer and subject to whatever rules the employer has as part of their policy. It is not at all unusual when granting long term leave to make the employee responsible for some or all of the insurance premium. $774 is not overly expensive as far as premiums go. Nothing you describe, including the more modest raise due to already being at the top of the pay scale, or to keep your pay in line with colleagues indicates any sort of illegal discrimination.
  6. If you believe you may be misclassified, you can file a claim with the DOL or state equivalent. This is free to do.
  7. Power of attorney is not the be all, end all. It depends what on the scope of the POA. A POA also is not a substitute for a person of sound mind's own judgement and wishes. If your mother is capable of making her own medical decisions, no doctor is going to violate her wishes simply because her son wishes she chose a different option. If she does not want to have surgery and is willing to live with pain, that is her prerogative. If she were unconscious or otherwise unable to express her wishes, then a medical POA would come into play.
  8. I can't make heads or tails of this situation either, but the title is "Prescription meds DUI". If you were driving impaired because of medication prescribed by a doctor, you can still be charged. The actual charges may vary based on jurisdiction and circumstances, and you have indicated neither.
  9. If that is what the rough areas of your town look like, I want to live in your town. It is unclear what steps you have taken to address this with the current HOA, or if you are alone in your dislike of the new lights. There is no obligation to install lights or use bulbs you prefer. As these have already been installed there are limited remedies available. Even if they were not done with proper permits, the remedy wouldn't be to remove them necessarily. That one potential buyer disliked them and chose not to live there is not legal reason to force a change.
  10. This isn't the place to rant. If you want to rant, there are a million other places online to do so if you don't feel like finding a friend who will listen. This board is for legal advice. We can't help with family drama and whether you were there when your father passed or not. Probate has nothing to do with the hospital, hospice or the police station. Your mother's volunteer work has no bearing on any of this. Start here as you seem confused about what probate is https://estate.findlaw.com/probate.html I'm honestly not sure what your question is or where in the process your father's estate is. If your mother is still alive and married to your father, and your siblings are all your father and mother's children, and there is no will, you might not get part of the estate at all. It also matters if you were a named beneficiary on any life insurance or other benefit.
  11. If you didn't pay what is due, your landlord can file to have you evicted. While you don't feel it is your fault you can't pay, your personal financial situation is also not the landlord's fault. You didn't post many details that are relevant (and may not want to on a public board) but you can start reading about what is and is not legal here https://www.texasbar.com/AM/Template.cfm?Section=Free_Legal_Information2&Template=/CM/ContentDisplay.cfm&ContentID=25969 in greater detail. Page 25+ seems most applicable to your situation.
  12. You didn't post a state so I'm answering in the most general way possible. While aggravation of a pre-existing condition is typically covered under WC, every state draws that line somewhere different. Some states require that the work incident be a certain % at fault before a procedure or treatment is covered. Others cover it if the work injury is at all a factor. WC also isn't an entity so I don't know where you got the 75%. Are you saying the insurance company sent you to a doctor to determine whether the injury was at fault or based their decision on some medical report? If so and treatment you feel should be covered is denied you will need to appeal the decision. That process also varies by state so I recommend getting a WC attorney to guide you.
  13. Your husband recording the videos is questionable as far as crime goes. Now if he shares them, you get closer to crime territory. Taking photos or videos of one's self and spouse for your own viewing is unlikely to result in criminal charges. That would be up to the state to prosecute and racy pictures between spouses that stay private is gonna be a low priority. I get why this would be upsetting to you and why it might push you over into divorce-land- but do you really want those now private pictures and videos shared with the police, the court, attorneys, etc? Delete them or confront him with them and then delete. Your choice.
  14. Are the children actually neglected? Do they have food, clothing, a home to live in, medical care? Vacations are not required. It doesn't sound like she is leaving them unattended if they are staying with a sitter. If you could prove that she was truly neglecting the children, you *may* have a case to at least try to get custody. It isn't clear how these children and their parents/step parents are related to you. If you simply disagree with how their mother handles family finances, you are out of luck and can join the legions of other grandparents out there who disagree with how the grandchildren are being raised.
  15. I gather from this you and the mother were not married at the time the child was conceived and born. She could have filed for child support from the day the child was born, whether you were living together or not. Anything you paid before that was purely voluntary. You don't get "credit" for supporting your kid. Child support is a floor, not a ceiling. It is expected that you will still have child related expenses above and beyond support paid to the other parent. Paying a car note is not the same as paying to support your child. I gather you were not ever paying support for your child until ordered to do so. That isn't going to go over well with any judge. If you hadn't been properly served, you could have filed a motion back when you found out about the court order, but years later it is water under the bridge. It also would not have gotten you out of paying the child support you owed. Support is also separate from visitation/custody. You could have filed for visitation/custody at any time, including before you broke up, after you broke up but were living together, and all the time after that until you finally filed. While increased visitation can reduce the amount of support due, it is not always so. She isn't going to owe you money back. You owe what the court order says you owe until you file to have it amended and a court actually issues a new order.
  16. ElleMD

    owi - iowa

    This is an incredibly common consequence to refusing a drug/alcohol test. The field sobriety test doesn't mean much as it is not definitive.
  17. And when you talked to your wife about your child's unhappiness and the allegations that mom neglects her to go out drinking, what did she say? When you visited the residence of your wife and child did it appear that it was a safe living environment with evidence the child is being adequately provided for? As for your wife's immigration status, if you are a citizen, it is unclear what if anything you have done toward naturalization. If you are divorcing, that could have a huge impact on what might be in the works. If you have simply done nothing but cross your fingers for the past however many years, you have put your child in a very, very bad position particularly if your wife is the primary custodial parent and you are out of state. You being out if state means your daughter is more likely than not to end up in foster care for at least some period of time. Courts don't much care about the living arrangements of married couples and their children. Teenagers thinking the grass is greener elsewhere is also not really a shock, particularly grass they only see for a few weeks a year when there is no school.
  18. Not at all illegal to forbid employees from parking in the lot and taking up spots intended for customers. It isn't even unusual, particularly in places with limited parking. Look at most any store or shopping center. The closest spots are customer spots, not employees.
  19. ElleMD

    ms

    So they expelled your child for some behavioral reason and you want to sue them for what exactly? It seems pretty clear to me based on just what you shared that they don't owe you for anything paid or due if your kid is expelled.
  20. It takes more than just a Master's alone to qualify but this is really not a DIY project. You really need an immigration attorney to help you. https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2 is just a starting point.
  21. Dude, you aren't helping your case any. They did nothing at all that justifies your criminal behavior against them. This was not an illegal detention. You were a patient. You hadn't been released as you were still there. You had given permission to speak to your brother and hadn't revoked consent. If you were not in a capable state to do so, your revocation would be meaningless anyway. The guard probably looked concerned as you were spouting nonsense. You weren't in the middle of a boxing match, you were presumably leaving with your brother so there was zero reason for you to say anything let alone punch anyone.
  22. You criminally assaulted someone so a lawyer might be a good idea, but not for the reason you think. If the director does not press charges and you aren't arrested for assault count yourself extremely lucky. Nothing at all you describe is a HIPAA violation but you can certainly file a complaint if you want to do so. It doesn't give you any sort of private right of action. It sounds like you are in need of some serious mental health services and I hope that you get them before you end up in even more legal hot water or worse. The next person may not be a clinical director who "understands" your disorder and is willing to overlook your atrocious behavior.
  23. The note itself doesn't change anything as far as OSHA. OSHA violations also don't carry with them a private right to action so even if your employer does leave it off the OSHA log at the end of the year, not much would happen other than OSHA would tell them to correct the deficiency. They have much bigger fish to fry. Placing you on restricted duty is entirely legal, exceedingly common, and a best practice. No violation at all and has nothing to do with OSHA.
  24. The doctor need not be in the US, HOWEVER, doctors outside the US, unless they serve a large expat population, are generally confused by FMLA paperwork. Expect your mother to have to explain why it is needed and what is necessary. The fact that she hasn't seen the doctor in 2 months may or may not matter. For example, if she was blind from birth, a doctor certifying her visual impairment 2 months ago is just as valid then as it would be now. If it were recovery from surgery which took place 2 months ago, a certification from 2 months ago would be woefully out of date.
  25. Sounds like this was just a bad work environment and she is better off elsewhere. It happens. Could be that the owner has some sort of diagnosable mental condition. Could just be that she is a busy body. Either way, nothing you describe gives a clear indication there is any legal remedy.
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