I am so sorry for your loss. Unfortunately you cannot sue this man for your mother's decision to discontinue dialysis and subsequent death. You can, however, file a police report for his theft of your mother's property, but first you would need to become legal representative of your mother's estate (executor or administrator, depending on whether she had a will). Once you are appointed executor or administrator, you may have other claims against this person, depending on the facts. For example, if he was living in your mother's property and was not a co-owner, you can have him evicted. More information is needed to determine your best course of action. It is understandable that under these circumstances, you would want to pursue every possible remedy against this person. ... Read More
I am so sorry for your loss. Unfortunately you cannot sue this man for your mother's decision to discontinue dialysis and subsequent death. You can,... Read More
If your wife left you, and you no longer want to be married, you can file for divorce. If you go to the Lawyers.com website, and type in divorce and what state and ounty you live in, the web-site will give you a list of lawyers who do these kinds of cases and also give you their contact information. Make sure you ask for a divorce or custody lawyer; you want representation from a person who knows a lot about the type of issues you will be dealing with.
Best of Luck!... Read More
If your wife left you, and you no longer want to be married, you can file for divorce. If you go to the Lawyers.com website, and type in... Read More
Parties who are divorcing often remain together in their home for some time prior to the finalization of the divorce. It takes a while to determine who will eventually leave, where they will go, etc. But keep in mind that one of the main purposes of a divorce is to eventually no longer live with (and be married to) that person. So, at one point or another, the parties usually make plans to obtain separate residences.... Read More
Parties who are divorcing often remain together in their home for some time prior to the finalization of the divorce. It takes a while to... Read More
Sorry, but the best answer you're going to be able to get without sitting down with a lawyer is "maybe". Here's why - non-compete agreements are disfavored in the law because, as you point out, they can keep people from making a living. They also diminish competition in the market place for ideas and prices, ie we want people who can build a better or cheaper mousetrap to do so. That said, the law will protect a business from employees stealing its secrets and using those secrets in the marketplace against it. So the law says that if an employer has a protetable interest in trade secrets, it can enforce a non-compete against its former employees, but only to the extent that non-compete is narrowly draft to protect those interests and no more.
In my experience, employers often over-use non-competes or draft them too broadly, sometimes out of ignorance as to what the law will allow and sometimes in a deliberate attempt to elimiinate competition in their marketplace. To know whether the agreement is enforceable, you will need to sit down with an attorney experienced in non-competes and discuss what trade secrets your employer might have that merit protection, whether or not you already knew those secret when you signed the document or whether the employer did not reveal those secrets to you until after you signed the document. Assuming you identifiy protectable trade secrets, then you and the attorney must determine whether or not the non-compete is overbroad in time, geographic area, or scope of restricted activity. For example if the employer only operates in a certain city or portion of the state, the law may not enforce a non-compete that purports to restrict the former employee's activities state-wide or nation-wide. If the trade secret is time-sensitive (e.g. a price list that changes every 6 weeks), the law will not enforce a non-compete that is longer than neessary to protect that secret. If the employer is the business of manufacturing a gadget that does a certain task and the former employee goes to work in a business that does that same task via software, the law may not enforce the non-compete because the employee's new employment does not directly compete with the old employer's activities. Finally, if there is no protectable interest that can be identified, the law would strike down the entire non-compete.
Look on this (lawyers.com) website for attorneys near you that practice in the area of non-compete agreements or look on the website for the Texas Board of Legal Specialization (TBLS.org) for attorneys that are board certified in labor and employment law.
Good luck.... Read More
Sorry, but the best answer you're going to be able to get without sitting down with a lawyer is "maybe". Here's why - non-compete agreements... Read More
This is a clearly histrionic explanation as had you legitimately feared for your life you would have sceamed for help, dialed 911 or simething along those lines. If being called a "smart ass" is as you described the basis for such fear and reaction, this likely entails a need for evaluation by a psychologist or psychiatrist as there is clearly a reaction to the events described that suggests some anxiety disorder or other circumstance may be involved. This is not intended to be critical of you but simply an objective opinion about your situation as described. In the mean time, take your business elsewhre and dont shop at Walmart if they treated you poorly. ... Read More
This is a clearly histrionic explanation as had you legitimately feared for your life you would have sceamed for help, dialed 911 or simething along... Read More