Kansas Recent Legal Answers from Lawyers

In general, although there are some rights guaranteed by statute (minimum wage, no discriminatin on the basis of race, religion, etc.), your employment rights are governed by the agreement between you (or your union) and your employer.  Do you have a contract which specifies the criteria for promotion?  Were those criteria violated?  Were you discriminated against in the promotion process on the basis of your race, religion, gender, etc.?  If not, your employer has no obligation to promote you.... Read Answer

In most states, it is permissible to record a conversation as long as one of the parties to the conversation consents.  When you tap someone's phone and record that person's conversation with a third party, neither of the parties to the conversation has consented.  However, if you record your own conversation with someone, it is legal in most jurisdictions even if that person did not consent to the recording. ... Read Answer

I am sorry to hear about this.  I recommend you go to the website below to find more information about HIPAA violations and how to file a complaint.    http://www.hhs.gov/ocr/privacy/hipaa/complaints/.  Best of luck. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed as a result of this response.... Read Answer

As a general matter, a parent corporation is not liable for the obligations of its subsidiary corporation, wheher those obligations arise out of a tort, contract, or some other basis (e.g. statutory liability.)  The owners of a corporation are not liable for the corporation's obligations, even if the owners are corporations themselves, except where they have agreed to be (e.g. if they guarantee the corporation's lease) or in rare circumstances when liability is imposed by law.  Assuming that the subsidiary corporation has operated properly so that there is no basis to "pierce the corporate veil", the parent corporation would not be liable, again absent its agreement, unless it had been the recipient of a fraudulent transfer from the subsidiary, in which case it could be liable to the extent of the transfer.  I'm not sure what you mean by corporate looting, but if you mean that the parent siphoned off the subsidiary's assets, leaving the subsidiary unable to pay its creditors, those creditors would have a claim against the parent corporation to the extent that it improperly received money (or other assets) from the subsidiary.   For example, if the subsidiary, despite owing a supplier $500, distributed $300 to its parent as a dividend and was then unable to pay the supplier, the supplier would have a claim against the parent for $300, plus interest.... Read Answer

Yes, but some contracts are required to be in writing, so you have to be careful not to fall in one of those categories.  Also, contracts generally require consideration (quid pro quo) to be valid.  For example, contracts which can't be performed within a year generally have to be in writing to be enforceable, which means that an agreement that you will, out of the goodness or your heart, share any lottery winnings you have in 2016 would have to be in writing to be enforceable and also would be invalid for lack of consideration, while an oral agreement to share any 2014 lottery winnings in exchange for the other party agreeing to clean your house once a week for the next 3 months, probably would be enforceable.... Read Answer

Individuals who have a conditional green card and become divorced have an opportunity to file Form I-751 petition to remove the conditional basis of residence status. A successful application would prove that you have had a bona fide marriage. Documentation to prove such could consist of birth certificates of children born of the union, photographs, leases or deeds, insurance policies, utility bills, credit card statements, telephone bills, banking statements, affidavits from family members, friends, neighbors, or others, etc. The burden of proof will be upon you to prove through documentation the bona fide character of your marriage. You would likely be requested to interview and explain what happened in your relationship. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence... Read Answer

It is hard to sue a hospital for an infection because it is difficult to prove that the infeciton was preventable. That said, you may have a case against the doctor, because accepted standards of care require prophylatic antibiotics in patients undergoing knee surgery. Click here to see what I mean.  If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.           Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read Answer

I am a Utah divorce and family law attorney, and so my comments will relate to Utah law. The Utah Code, Section 30-1-17.1, governs annulment: Annulment Grounds for. A marriage may be annulled for any of the following causes existing at the time of the marriage: (1) When the marriage is prohibited or void under Title 30, Chapter 1. (2) Upon grounds existing at common law. I won't keep you in suspense a moment longer regarding your question about whether fornicating before marriage with another person constitutes a basis for annulment: 64 A.L.R.2d 742 - Concealed premarital unchastity or parenthood as ground of divorce or annulment ? 2. General rule and applications Apart from the questions of pregnancy at the time of marriage and extraordinary circumstances or fraud which the record may show was an inducement to consent to the marriage contract, it is a general rule that premarital unchastity or the bearing of a child out of wedlock, although concealed by one of the parties contracting a marriage, will not afford a ground for divorce or annulment, absent statutory basis in that regard, or amount to fraud which will have that effect. American Jurisprudence, Second Edition (Database updated November 2013) Annulment of Marriage, Thomas Muskus, J.D. ? 13. Premarital unchastity As a general rule, a marriage will not be annulled by one of the parties on the basis of one of the parties' chastity prior to the marriage, especially where such premarital sexual activity does not result in pregnancy at the time of the marriage. Similarly, prenuptial unchastity of a husband, although concealed from his wife at the time of marriage, is not ground for annulment. Observation: It has been stated that the rule denying annulment for unchastity recognizes no difference in de-gree of unchasteness or promiscuity, whether it is for hire or not.[4] ? 14. Prenuptial pregnancy or parenthood As a general rule, pregnancy before marriage, concealed from the husband, who has not had sexual relations with the wife previous to the marriage, is considered a fraud which is a sufficient ground for the annulment of the marriage. Clearly, a man cannot have a marriage annulled because his wife is pregnant by him at the time of the marriage. The fact that a woman falsely represented, before her marriage to the plaintiff, that her minor daughter was the child of a former marriage, is insufficient to support an annulment. Also, the failure of a husband, prior to his marriage, to disclose that he had had an illegitimate child by another woman is in itself insufficient to show fraud necessary to warrant annulment of the marriage. Grounds (from http://legal-dictionary.thefreedictionary.com/annulment) State law governs the grounds for annulling a voidable marriage. Couples should not be obligated by the serious duties incident to marriage if both parties did not genuinely intend to be married. Fraud is the most prevalent ground for annulment. The Misrepresentation, whether by lies or concealment of the truth, must encompass something directly pertinent to the marriage, such as religion, children, or sex, which society considers the foundation of a marital relationship. Physical or emotional conditions may also be grounds for annulment, particularly when they interfere with sexual relations or procreation. Other health conditions providing grounds for annulment include alcoholism, incurable insanity, and epilepsy. The mere existence of one of these conditions is a sufficient ground for an annulment in some states, whereas in others, an annulment may be obtained for fraud if such a condition was concealed. Courts may also annul marriages that involved lack of consent, mistake, or duress. Lack of consent might arise if one party were senile, drunk, underage, or suffering from serious mental illness, or if there was no genuine intent to marry. A mistake as to some essential element of the marriage may also justify a... Read Answer

Having an affair means primarily couples are incompatible and need a divorce. However, when a spouse invites strangers over for affairs when there are young children in the house, that is relevant on the poor judgment of the parent. Is the spouse or children at risk of harm? Is she a good mother otherwise? Contact our office if you want to file for divorce and pursue this further.... Read Answer

This is a no fault state, so infidelity will not, in and of itself, have any bearing on the divorce. However, if she spent community funds in furtherance of the affair, you can be refunded a share of those funds. If she has numerous men at the house and such can be shown to have a harmful impact on the children, the parenting plan can put restrictions on her conduct while the children are with her. You have the same rights to the children as she does. If you have a history of actually taking care of the children on a regular basis, you can make the argument that it is in the children's best interest to be with you the majority of time. You do not say whether you've seen the children since the separation or what degree of care taking you provided prior to separation. Both will have an impact on the parenting plan. Don't wait to get a parenting plan in place. The longer you wait, and the children are living with her and seeing you on an irregular basis, the worse your position.... Read Answer

Her questionable decisions regarding men may help you in your custody case, but not necessarily. An argument could be made that she is not exercising good judgment, especially if the children are being exposed to it. You should get an attorney to help you immediately, if you haven't already done so.... Read Answer

Unless she is doing something in front of the kids or in the same house at the time they are then your wife's affairs have no relevance This is a No Fault state and as such her affairs mean little for the divorce although do effect Child Custody and Visitation if her actions are a danger in some way to the children.... Read Answer