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Our owner hired a women to do marketing as an independent

Our owner hired a women to do marketing as an independent contractor. However, she works in our office and he determines where she advertises, etc. #1 should she really be classified as a contracted employee or a regular employee. #2 can we write a contract that relieves us if she is injured while on company property, so that should would not be covered under our work comp or building insurance? Should she have a work comp policy for herself? #3 what is our general liability with an independent contractor doing marketing for us?JA: Not for this question, but they might if you need additional services. You'll have to ask the Lawyer about that. Because employment law varies from place to place, can you tell me what state this is in?Customer: MICHiganJA: Has anything been filed or reported?Customer: No, this is me asking upfront because my boss wants her to sign a contractJA: Anything else you want the lawyer to know before I connect you?Customer: That my employer has asked her to be in the office to do the work and has asked her to help answer phones. She also has a pre-existing injury and we are a manufacturer and she has access to the entire shop.

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Marc

Attorney at Law

JD

358 satisfied customers
I was going to pull up my most recent financial plan to cut

I was going to pull up my most recent financial plan to cut and past the exact text but the basic issue I have is that the financial advisor I have been paying for an annual financial plan for many years told me in the last years plan that both my wife and I could afford to retire this year. However after I quit my job, she told me I need to get another job that pays the same for some number of additional years. So now instead of being retired I am unemployed and scheduled to see a psychiatrist for anxiety and depression in a couple days. There was not any significant change in our spending or investments value over the year and a second advisor has since identified errors and unrealistic assumptions on the last two years plans from the original advisor. My question is if I may have any grounds to sue her.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Has anything been filed or reported?Customer: I don't know what you mean. If you mean legal filings agains her then no.JA: Anything else you want the lawyer to know before I connect you?Customer: Just that the advisor is licensed and works for Ameriprise.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,960 satisfied customers
I purchased a new car and traded in a car that I was upside

I purchased a new car and traded in a car that I was upside down on. I purchased GAP through the dealer. I tried to get my financing done through my credit union but they took too long so I financed through another bank. I finally got into contact with my credit union and they stated they couldnt do as a new loan but as a refi since I already purchased. I refi and thought all was well. I ended up getting into a not at fault accident and my car was totalled. Going through the insurance process they paid off 21k and told me the rest should be covered through GAP. The credit Union told me I didnt have GAP and I told them I did.... I even have contract in hand. The rep then told me that when I did the refi that it cancelled the GAP I had on the original loan and I should have purchased a new GAP policy on the refi loan. Well this wasnt explained to me and it was not offered to me at all. Now I amon the hook for close to 12k! What if anything can I do? I live in California if that helps.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,960 satisfied customers
The sellers of a property had an extension on paying the

The sellers of a property had an extension on paying the property taxes. After I bought the property I was charged for the past property tax. Since escrow should have deducted this cost how do I go about getting reimbursed for those taxes? Should I ask Escrow to pay me back?

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Ray

Lawyer

Doctoral Degree

39,248 satisfied customers
I sold my home a few months ago, and although I was selling

I sold my home a few months ago, and although I was selling "by owner," the buyer insisted on hiring an agent to represent him. A non-agency agreement was made part of the sales agreement, stating that the agent commissions would be paid by the buyer. Upon signing the closing documents, the escrow officer quickly summarized all of the numbers and I signed my portion of the contract. Several weeks later, I found that I had been assessed a seller's credit to the buyer for the amount of the commission. I was never asked to provide this credit, and I never signed an addendum or amendment to the contract giving my permission. When I asked the escrow officer and the buyer's agent about this, I was told the credit was to be paid back to me by the buyer, after close of escrow.Now, I am fighting to get the buyer to pay it... which he is refusing. I was told by one of your attorneys that I should go to the real estate broker and demand payment. The broker tells me it is not his responsibility, and that I need to get the payment from the escrow company since it was their mistake.Who is right in this situation? I don't care who pays me back, but I am owed the money and want to get it paid.

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Ray

Lawyer

Doctoral Degree

39,248 satisfied customers
Had a commercial insurance fire loss 31/2 yrs.ago.about 2

had a commercial insurance fire loss 31/2 yrs.ago.about 2 year ago we need to pay 1/2 fee to ins. co. [auto-owners] for an "umpire" & also need to hire a private adjustor to hear the dispute,i.e. between policy holder & ins.co. the umpire naturally found in favor or the co. looking back the agency that sold us the policy did not let us know an umpire would set the figure of our policy covereage. we were 1/2 insurer on the structure,had $750,00--umpire set the building amount award $380,000--the co. sent us a letter and state it over & closed the claim. we also found after the loss the agency that we had no inv.included under our business garage package. the building could not be rebuilt for less than 1.1 kkk our agent first stated we were under insured so a 20%-80%would apply??is the agency @any fault & is it past any limitation time??? no local attorney is very excited to file upon the ins agency--bk&c of Cheboygan mi

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,960 satisfied customers
My contractor has a current policy insurance insurance that

My contractor has a current policy for liability insurance insurance that has a million dollar coverage for each occurrence. He has agreed that the workmanship is poor and needs addressing. They basically destroyed in the interior of my home, electrical, floors etc...He has broken some laws in doing so. Been legally deceptive. I have been trying to work with him but in the end he is not wanting to fix ALL the work,just part of the damages. I am well within the time frame to file a lawsuit. We live in louisiana. The contractor, who I thought was very honest, I now know he has lied about many things, perhaps false reports and fraud. With all that said, he wrote me a letter and said he has NO insurance. I confirmed the policy was up to date, but he wrote back he has no E & O coverage ? so he says, no insurance ! What is an E & O policy ? and what would it exclude if I have a claim ? Thank you..Terri

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Roger

Litigation Attorney

Doctoral Degree

34,298 satisfied customers
In Texas, closing on a house and have questions regarding the

In Texas, closing on a house and have questions regarding the closing costs. They want to charge me prepaid homeowners insurance for 12 months ($1675.00) plus another 3 months homeowner insurance ($419) as "Initial Escrow Payment at Closing". That seems ridiculous. First, why are they entitled to 1 yr homeowner insurance premium? I can see the lender wanting insurance on the property; however, once I obtain the insurance that should satisfy the lender. How I pay for the premiums is between me & my homeowner's carrier. Second, is lender double dipping by asking for 12 months plus 3 months monthly insurance premium?Another question, what's the purpose of Title Insurance? Is it mandatory I purchase Title Insurance? What is Mortgage Insurance? Is that mandatory? What is difference between Owner Title Insurance and Lender Title Insurance? Thank you for assisting me in answering these questions.

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Maverick

Doctoral Degree

7,150 satisfied customers
I'm suing a contractor who I'm certain is going to declare

I'm suing a contractor who I'm certain is going to declare bankruptcy by time all the law suits against him are done. His construction business was has General Liability Coverage. The problem is that this contractors work was defective from the onset. If we let his defective work go with out repairing it, there will certainly be resulting damage. However, now there just a bunch of work that needs to be redone.I'm curious for one if his defective workmanship would be covered and as to whether or not this contractor has a say as to whether or not the insurance company can settle on their own, or if this crooked contractor can dictate whether or not he allows them to settle.I should add that his insurance is representing him in this lawsuit.

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Roger

Litigation Attorney

Doctoral Degree

34,298 satisfied customers
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