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  1. Downvote
    PayrollHRGuy reacted to Faraha in The Narcissist and the Flying Monkey   
    Better Negotiations In Employment Structured Settlements
    The topic of the day is employment structured settlements. If you are an employment lawyer, whether you're a plaintiff, a defense lawyer or you're someone who is mired in litigation over wrongful termination, sexual harassment, failure to promote anything to do with an employment case. Then you really need to know about employment structured settlements. Because, to my amazement, there are not more structured settlements done in employment cases. I think a lot of it has to do really more with education then there are just tons of them, presented and then rejected. 1. When You Have An Employment Case
    All of the damages are taxable. Admittedly some people try to shoehorn in a physical injury case, but let's assume everything is taxable. Because that's really the majority of cases, when you settle your case and you'll see you get a million dollars you get to pay your attorney and you've got to pay taxes. What you may end up with is really a very small percentage of what you thought you were going to get. It really doesn't increase the level of it doesn't provide a large level of satisfaction. By structuring your employment structured settlement, you can spread the taxes out over a period of time and provide yourself with a safe and secure income, for a period of time.
  2. Downvote
    PayrollHRGuy reacted to Kreshay Caswell in Juliano Fernandes needs advice   
    Hi! I took out the extra policy and glad i did--My car broke down and it came in handy.
    Thanks Kreshay Caswell 

  3. Downvote
    PayrollHRGuy reacted to Faraha in The Narcissist and the Flying Monkey   
  4. Downvote
    PayrollHRGuy reacted to Faraha in The Narcissist and the Flying Monkey   
  5. Downvote
    PayrollHRGuy reacted to Faraha in Haven't signed the Final Settlemen   
  6. Like
    PayrollHRGuy got a reaction from pg1067 in Diving Accident   
    Then I believe you are done with any chance for a lawsuit.
    Title VIII
    LIMITATIONS Chapter 95 
    LIMITATIONS OF ACTIONS; ADVERSE POSSESSION View Entire Chapter 95.11 Limitations other than for the recovery of real property.—Actions other than for recovery of real property shall be commenced as follows: (1) WITHIN TWENTY YEARS.—An action on a judgment or decree of a court of record in this state. (2) WITHIN FIVE YEARS.— (a) An action on a judgment or decree of any court, not of record, of this state or any court of the United States, any other state or territory in the United States, or a foreign country. (b) A legal or equitable action on a contract, obligation, or liability founded on a written instrument, except for an action to enforce a claim against a payment bond, which shall be governed by the applicable provisions of paragraph (5)(e), s. 255.05(10), s. 337.18(1), or s.713.23(1)(e), and except for an action for a deficiency judgment governed by paragraph (5)(h). (c) An action to foreclose a mortgage. (d) An action alleging a willful violation of s. 448.110. (e) Notwithstanding paragraph (b), an action for breach of a property insurance contract, with the period running from the date of loss. (3) WITHIN FOUR YEARS.— (a) An action founded on negligence.
  7. Upvote
    PayrollHRGuy reacted to pg1067 in Are police automatically called on near-drownings?   
    What does "automatically called" mean?  Are you asking if there's some sort of nationwide surveillance system that "automatically" summons the police anytime someone "nearly drowns"?  Whether a "near drowning" will result in anyone being called obviously depends on the facts and circumstances of the incident and whether anyone involved is inclined to call someone (police or otherwise).
  8. Like
    PayrollHRGuy got a reaction from pg1067 in Death of CHP officer by intoxicated driver   
    Unless, of course, the will of the voters is unconstitutional and then he will fight for it.
  9. Like
    PayrollHRGuy got a reaction from pg1067 in Violation of home detention on a suspended sentence   
    See. You know more about the judge than anyone on this forum.  Lawyers local to you will know even more.
  10. Upvote
    PayrollHRGuy reacted to pg1067 in 3rd degree retail fraud   
    This article, published by a Michigan law firm, seems to do a good job discussing Michigan shoplifting laws.
    One additional point:  If you were shoplifting in 2011 and again in 2019, most folks are going to assume that you were also shoplifting during the intervening time and simply avoided getting caught.
  11. Like
    PayrollHRGuy got a reaction from pg1067 in Possible unlawful firing for teacher who speaks out against racism   
    You are a special ed math teacher.  How about you teach math.
  12. Downvote
    PayrollHRGuy reacted to Moniesamz2 in How can I stop 3rd party interference   
    This is an old topic so I hope you got this settled peacefully. But if not here’s what we did: Go back to court and ask your order to specify that no negative comments and parents not alllow negative comments by 3rd parties. You can print out harrasing emails/texts from Stepmom and slap them on attachments to a declaration that asks for all communication between mom and dad only on Talking Parents (which is a court approved online communication forum) unless it’s an emergency. This won’t stop Stepmom from butting in but this is the only site that the courts consider leagslly reliable and you can download and print out messages (they are marked read once a parent opens them) to use in court if necessary. Yes each parent has the right to consult step parents, but communication must be between mom and dad, and it’s up to you to fight for that boundary. Yes using online communication is a pain but when stepparents don’t understand boundaries, it’s necessary. Also, no one can bully you if you don’t let them. Stay firm and don’t pay for more than anything you are court ordered to pay unless there is a respectful communication from dad and you are allowed to pick up your son too. Lastly, see an experienced family therapist who specializes in parallel parenting (for high conflict situations where co parenting isn’t working) 
    Our Family therapist has been amazing for my husband and I and has given us guidance on how to minimize any damage to my stepdaughter from our side since we have No control over Mom and Stepdad’s behavior. 
    Good luck 
  13. Upvote
    PayrollHRGuy reacted to pg1067 in Diving Accident   
    Sure it would have, but the question will be whether it was a reasonable option.  I think pretty much anyone would agree that making an indoor pond at a bar 8-feet deep would be an extreme and unexpected thing to do.  And, as I commented earlier in this thread, no reasonable person would behave so carelessly as to dive head-first into a two foot body of water.  Moreover, and possibly most importantly, what if a person who didn't know how to swim accidentally was pushed into the 8-foot deep indoor pool and drowned?  Making the darn thing 8-feet deep would be far more likely to result in injury or death.
    I'll bottom line it:  if you get any recovery beyond the no-fault medical payment coverage that the bar owner's liability policy presumably had, it will be a stark illustration of everything that is wrong with the tort system in the U.S.
  14. Like
    PayrollHRGuy got a reaction from MiddlePart in Gave a refund instead of charging the card   
    Have you contacted your CC processing provider? If not do so. 
  15. Upvote
    PayrollHRGuy reacted to adjusterjack in Same name usage in logo   
    Those two entities have been at each other since 1984 according to the case decision that summarizes the history:
    There are several other cases that involve the Polo Ralph Lauren Corporation.
    You don't put your foot in a bear trap to see if the bear trap works. You already know that the use of "polo" in a clothing brand generates lawsuits. Do you think that PRL Corp won't hesitate to flatten you the minute your product hits the market?
    Figure out another way of naming your brand rather than a risky infringement.
  16. Like
    PayrollHRGuy got a reaction from pg1067 in Poor behavior/Sexual harassment   
    There is nothing in the OP's post that this has anything to do with her work environment.  As I read it I thought she was a tenant.
    Also just because a co-worker knew about a previous incident doesn't mean the employer knew.
  17. Upvote
    PayrollHRGuy reacted to FindLaw_JY in Ex MIA. I’ve paid real estate taxes on property in MO   
    I’ve removed the pictures since these are public boards. Please continue the thread!
  18. Upvote
    PayrollHRGuy reacted to Tax_Counsel in Blame the Hurricane   
    Not just interest. There is also a late payment penalty that is also added, though if the installment agreement is entered into before the statutory final notice is sent the installment agreement will reduce the amount of the penalty. It works as follows. The basic late payment penalty is 0.5% per month of the unpaid tax. If the tax remains unpaid at the time the statutory final notice goes out and there is no installment agreement, the late payment penalty becomes 1% per month. But if the taxpayer enters into an installment agreement before that final notice, the rate drops to 0.25% per month. So if you cannot pay it all when you file the return or get the first bill, promptly get on an installment agreement. It will save you you money by reducing the amount of the late payment penalty that accrues.
  19. Like
    PayrollHRGuy got a reaction from pg1067 in Evicting an adult child   
    burlingtony,  did you get a special deal on periods? Because you are using the heck out of them.
  20. Like
    PayrollHRGuy got a reaction from pg1067 in Desperately need help   
    Work Comp lawyers are a dime a dozen. If you can't get one to take your case there is a reason for it and that reason is most likely you don't have a case.
  21. Like
    PayrollHRGuy got a reaction from hr for me in Mowing   
    I agree. But you realize that if the HOA buys it, in one way or another you are going to pay part of the cost of buying it.
  22. Upvote
    PayrollHRGuy reacted to adjusterjack in Texas Code Sec 601.053 Evidence of financial responsibility   
    The section you cited requires:
    Section 601.121 is at:
    Do you think you can get two people to put up their homes or commercial buildings to guarantee that you'll pay what could amount to hundreds of thousands of dollars for an injury claim caused by one of your drivers?
    I spent 35 years in the insurance industry. I GUARANTEE (in all caps) that, with 20 vehicles you will have at least one at-fault accident per year that will cost you anywhere from a few thousand to hundreds of thousands. You WILL pay that money out of your pocket to keep your "sureties" from losing their properties and coming after you for reimbursement.
    Buy insurance. Anything else is a fool's errand.
  23. Upvote
    PayrollHRGuy reacted to RetiredinVA in Trust Money...Help!!!   
    You need to start guardianship proceedings immediately. If the house is in your sister's name, it will not be available at all for your mother's maintenance. It will also not be available to pay to you upon your mother's death.
  24. Like
    PayrollHRGuy got a reaction from Rosa in Primary parent died   
    A fiancee or even a wife of the dead father don't inherit your kids. Kids don't get to decide where they live. When and if you are served with something come back and tell us what. 
  25. Like
    PayrollHRGuy got a reaction from Rosa in Primary parent died   
    Having a mother is much more important than living in a big house. You might want to limit the visitation some during the transition period.
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