December 10, 2025 • 35 mins
DO YOU HAVE A LEGAL QUESTION? My favorite personal injury attorneys join me at 1pm for an hour of Ask the Attorneys! Gary and Brad from Bell and Pollock will be in so get your weird personal injury questions ready. The weirder the better! Find more about Bell and Pollock here.
Mark as Played
Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
The Mandy Connell Show is sponsored by Belle and Pollock
accident and injury lawyers.
Speaker 2 (00:04):
No, it's Mandy Connell.
Speaker 3 (00:07):
And Tonnemy.
Speaker 4 (00:17):
Say can the nicey three?
Speaker 5 (00:21):
Andy Connell keeping no sad thing?
Speaker 1 (00:27):
Welcome, Welcome, Welcome to the second hour of the program.
I am in studio with two of my favorite personal
injury attorneys, Gary and Brad. My first personal injury attorney
favorite is my late father. No offense, guys, the word
play and ask the lawyer. We've also got Justin in
with us and we are going to answer your legal questions.
If you've got personal injury questions, especially, we'd love to
(00:50):
hear them. Text them to five six oh.
Speaker 4 (00:52):
No, you got to call we.
Speaker 1 (00:53):
We've determined that we have to call here because the
text are not complete enough. So call us with your questions.
Speaker 4 (00:59):
Three oh three.
Speaker 1 (01:01):
Eighty five eighty five. That's three oh three seven one
three eighty five eighty five. Give us a call with questions.
Speaker 5 (01:07):
Guys.
Speaker 6 (01:07):
Good to see you all, Nice to see you, to
be your happy holidays.
Speaker 1 (01:12):
Well, so I have a question that's not personal injury related,
but I'm so annoyed I need to get some kind
of advice on this.
Speaker 6 (01:17):
All right, Justin, I think you better be ready.
Speaker 1 (01:19):
Okay, Justin, I have a question for you, because I
uh at a prior radio station that I worked at,
where I took this little rag tag radio station, and
I took it from no ratings in the market to
number one in the market with absolutely no marketing budget,
with no support or help from the company that I
actually worked for.
Speaker 4 (01:38):
And that's all will and good I look back at
as a point of pride for me.
Speaker 1 (01:41):
And as part of that, my husband and I put
together in two thousand and nine a massive tea party
event in Fort Myers, Florida. We had about four or
five thousand people come out. It was spectacular. It was
absolutely spectacular. Fast forward to today, one of the owners
of that company is now running for car Congress, and
in his video announcing his run for Congress, he says,
(02:05):
and we brought you the tea party in two thousand
and nine. Now here's what I'm annoyed. They did nothing
to support it except allow me to talk about it
on the radio. We did everything, We have all the
signed contracts, we fundraised with listeners. We did not get
any any material support from this radio station at all.
Speaker 4 (02:24):
I don't think he can do that, can.
Speaker 5 (02:26):
He do that?
Speaker 6 (02:26):
Well, Justin's going to answer you, but I got to
tell you.
Speaker 4 (02:29):
Were you an employee, yes, And I knew you were
going to say that, ding ding ding.
Speaker 1 (02:34):
There's even if we used a separate our own entity,
our own marketing company to put the thing on.
Speaker 7 (02:43):
Well, did you have a contract with them? A written
contract with our entity.
Speaker 1 (02:47):
Everything that is involved in that was contracted with our entity,
not theirs.
Speaker 4 (02:52):
So all of the stage.
Speaker 1 (02:53):
We rented, all of the vendors that we had, all
the T shirts we made, that was all contracted with
our marketing company. When I say zero material support, they
didn't even want to send somebody from our TV station
out to cover it. So it was one of those
things where we did it anyway in spite of them,
not with support of the right Justin, do I.
Speaker 8 (03:13):
Have any.
Speaker 9 (03:15):
So you're saying that there was a contract between you
and the ones that helped support it, but not with
the radio station.
Speaker 4 (03:22):
Is out how I'm understanding correct?
Speaker 1 (03:25):
The only quote support that was given was I talked
about it on my show and they didn't interfere with that.
Speaker 9 (03:32):
And then they wanted to say now they're saying that.
Speaker 1 (03:36):
They brought the tea party, and I know this is
petty and small. Justin I realized that this is petty
and small on my part. But I'm not particularly fond
of this person. And I don't like it that he's
using that event to run for office because it implies
that I support him, I think, because the event was
all done by me and my people.
Speaker 4 (03:55):
So do you see what I'm saying. I'm just annoyed.
Speaker 6 (03:58):
Yeah, I mean, send a cease and desist.
Speaker 7 (04:01):
That's what I'd say. I'd say, cease and desist.
Speaker 2 (04:03):
How to go out?
Speaker 1 (04:04):
Do I do I need to have that formally written?
Or can I send a letter that says to avoid
a formal cease and desist. I'd like you to take
care of this.
Speaker 9 (04:12):
I'd send a formal letter.
Speaker 2 (04:13):
Okay, yeah, all right.
Speaker 6 (04:15):
I tell you, and I'll tell you what. The general
rule is.
Speaker 10 (04:18):
The general rule, and this is in Florida, but is
if you're an employee and you create content and you're
while you're being paid as an employee, then it is
usually owned by the employer. However, there's numerous exceptions, and uh,
this was a little bit different. It's got a couple
of different twists on it. I agree with Justin you
send them most season desist.
Speaker 4 (04:36):
Yeah, I'm gonna do it.
Speaker 2 (04:37):
I'd be doing.
Speaker 1 (04:38):
I'm super annoyed by this. Okay, let's get to real
phone calls, people with real problems. Call three oh three
seven one, three eighty five eighty five. John in the Springs,
you're on with Bell and Pollock, Gary Brad and Justin.
Speaker 3 (04:51):
Well, thanks, Amandy. I'm a first time caller and twenty
August at twenty twenty four, I basically take a long
story short uh contract in sepsis, and so.
Speaker 11 (05:06):
Now I'm above the.
Speaker 3 (05:08):
Knee amputee on my left leg, and everybody is uh.
Speaker 11 (05:17):
Well.
Speaker 3 (05:17):
I think six months before that, I had a miniscus
surgery on my left knee, and through my family, we
talked to the doctors because I was in an induced
coma for two months and then a care center for
seven months.
Speaker 11 (05:35):
I know it was it was quite right.
Speaker 3 (05:37):
My heart stopped, essentially I died and but they got
it restarted.
Speaker 11 (05:43):
But the.
Speaker 3 (05:45):
The viniskus surgery that I had six months before seemed
to have a hell of excuse me half of the
time healing. And there's a few people said, you know, John,
You've got to talk to somebody. So I did talk
to that other attorney that advertises with you guys and
(06:11):
on TV the doctor and attorney right, and we're dealing
with I can say the name Common Spirit, and they
said there's some conflict of interests and refer to a
few others. But I've heard your shows before on Sundays,
(06:36):
so everyone's you know, should I pursue it or should
I just let it go?
Speaker 6 (06:42):
I'm so sorry that you're living through the.
Speaker 4 (06:45):
Horrible Yeah?
Speaker 10 (06:46):
Really, So the Mottot nine legal question is causation is
infection and and so you start with your can informed
consent form? Uh, and I'll promise you the word is
infection is you can sense that you have the risk
of infection. But that's not the end of the game.
That doesn't mean they have the right, absolutely right, just
because you consented to it. It's like consenting to stomach
(07:08):
surgery and you might cut, you might cut your spinal cord,
but that doesn't give them the right to do so.
It doesn't the right to give you infection.
Speaker 3 (07:15):
So the question is what I was already I was
already in a coma.
Speaker 6 (07:20):
You're already in you couldn't consent, Okay, it's already.
Speaker 3 (07:22):
In a coma when the surgery happened, and so uh,
you know, I personally didn't sign anything, but I did
consent to They said as your leg or your life,
and you know, I said my leg kind of like
a question mark. And then I woke up seven the
way I woke up almost two months later.
Speaker 10 (07:44):
It's a matter of it's a matter of causation. Where
did you get the infection, How did you get the infection?
Was it or was it reasonable? Did they have a
reasonably controlled or not? And those going you look in
the medical records.
Speaker 2 (07:58):
Technique exactly.
Speaker 7 (08:00):
You talk to the other law firm. They didn't get
your medical records because they.
Speaker 3 (08:04):
Have a conflict, right, That's what I was sold.
Speaker 7 (08:08):
Okay, at a minimum, you should contact us to get
your medical records, to be able to look and see
why you contracted sepsis. It's a surgical sepsis, is what
I'm understanding, And I'd like to see what it is
that caused the sepsis, what the medical records say, because
you may very well have some cause of action here
(08:31):
that this isn't a normal outcome.
Speaker 2 (08:33):
And when it's not a normal.
Speaker 7 (08:35):
Outcome that they would expect, then something happened, and the
question is why did it happen, and what caused it
and what was the situation.
Speaker 10 (08:45):
I'll tell you one other thing to make you feel
a little bit better or not better, I guess, But
do you get your eyes right open and let's pull
the curtain back, because that's what we do in the show,
our show, this show. I'm not saying this. I know
this all firm you're talking about. I'm not saying they
did this. But I've seen numerous lawyers in my career
say I have a conflict when they just don't want
(09:07):
to take the case. They could, but I have a conflict,
so I can't take the case. It seems like it
would be a very complex operation. Yeah, I mean there's
a lot of moving or not moving. I guess part
if I'm going to be accurate. I mean, this sounds
like a big deal.
Speaker 4 (09:22):
It is.
Speaker 3 (09:22):
When they did the surgery, I had seven surgeries over
a course of a week, and so they wanted to
leave enough of the left leg to do. You know,
I have a seventy thousand dollars bionic leg now on.
Speaker 9 (09:37):
My left leg.
Speaker 3 (09:40):
But it is I mean there's things that I need.
Speaker 12 (09:44):
Yeah, you know, and.
Speaker 5 (09:47):
You know I'm not.
Speaker 8 (09:47):
You know, I'm not.
Speaker 3 (09:49):
You know I don't want to go for the world.
Speaker 6 (09:50):
But just a little vil you did you see what
the records say?
Speaker 10 (09:54):
Just like Brad Pollack said, you need to see what
the records say so I can call you guys.
Speaker 6 (10:00):
Yeah, of course.
Speaker 1 (10:02):
Okay, give him a call, make an appointment in the office,
and just for my own edification, keep me posted on
this because now I'm interested. You don't have to, I mean,
as you work your way through. But what a what
a I mean, I'm just going to say it, John,
I'm grateful you're still with us. It sounds like it
sounds like that was a real possibility of not happening.
Speaker 8 (10:20):
Well, the.
Speaker 3 (10:27):
How I see this, the big guys thought done with me.
Speaker 1 (10:32):
Yeah, you have our number, Handy three oh three seven
nine fifty nine hundred is the number three oh three
seven ninety five.
Speaker 4 (10:39):
Give him a call and make an appointment.
Speaker 2 (10:41):
John, you have a call, talk to Garry or Brown
and let us.
Speaker 3 (10:43):
Closing comment is I did not see Red during that
whole time, so that's.
Speaker 2 (10:49):
A good thing.
Speaker 4 (10:50):
There you go, John.
Speaker 1 (10:51):
I appreciate the phone call, man, I appreciate it so much.
I can't even imagine, you know, waking up from a coma.
Oh yeah, by the way, we took your leg while
you're what I say, all right, so let's find out
who's that three oh three seven eighty five eighty five.
Speaker 4 (11:06):
If you've got a question, Dana in Denver, what do
you got for?
Speaker 12 (11:09):
Gary?
Speaker 4 (11:10):
Brad and justin.
Speaker 11 (11:12):
So. I have a small business and sometimes I get
paid via automatic deposit into my bank account. Well, for
some reason, when I signed up with a certain firm,
a wrong bank account was entered in the state of
Utah instead of Colorado. And I don't know if my
(11:36):
computer was hacked into or what happened. I don't think
it was the company who was paid me that did this,
but anyway, several payments went into that account and now
I'm out about twenty five hundred dollars. Is there a
way that that money can be retrieved? I've asked the
company and they said no, once it's deposited, they can't
(11:57):
do anything.
Speaker 6 (12:00):
How did it get deposited in the wrong account again?
Speaker 11 (12:03):
Well, this wrong bank account information was entered on their website,
which apparently, you know, when I set up my profile
on their website, I set up the information myself, right,
I know I didn't put the wrong bank account, so
I don't know if my computer was hacked into and
(12:26):
somebody and put this different bank so they could receive
my money.
Speaker 5 (12:31):
Is it a.
Speaker 1 (12:32):
Completely different number? Did two numbers get transposed or what
kind of error is it? Because I think if it's
a totally different number, then that that would be a
concern in my mind. But if it's just one, you go, oh, yeah,
those two numbers should have been the other way.
Speaker 4 (12:46):
Which is it?
Speaker 11 (12:47):
No, it's a completely different number.
Speaker 2 (12:49):
Oh well, it sounds like her.
Speaker 7 (12:53):
It sounds like a company received your money that wasn't
supposed to receive it and now won't give it back.
Speaker 2 (13:02):
Is that the basics of it?
Speaker 11 (13:05):
But yeah, that's correct. How do I go about if
it's possible to get this money which is owed to
me the company that was supposed to send me the money.
I don't think they're in error, They're just doing what
was input into.
Speaker 1 (13:20):
F right, I mean does this sound like if it's
a totally different number, maybe as a point it could
be fraud. Does he need to report it as possible fraud?
What's the first step here?
Speaker 2 (13:32):
Yeah?
Speaker 10 (13:33):
I mean report it as possible fraud. You report the
mistake and this company you make demand on them. I
don't care how they got the money. They didn't deserve
the money whatever. It might be innocent, it may not be.
They got the money, you demand the money back. Well,
there's a cause of action had for you know, college
called money hadn't received. There's another one for civil theft.
(13:53):
There's another one conversion. Uh, And there's ways to do it.
It's a long way around the ranch. It's not an
easy solution, but that's the solution.
Speaker 7 (14:02):
Well, you're talking twenty five hundred dollars. These people knew
they were receiving money. They weren't titled exactly.
Speaker 4 (14:07):
Yeah, I mean I'd love to tell you that.
Speaker 1 (14:09):
I think that they would just be like, please let
us get But we know how society works these days, right.
Speaker 2 (14:14):
But to give it back, you know, yeah, you have
a right.
Speaker 4 (14:17):
How does he find out who got the money?
Speaker 1 (14:20):
That's the other thing he's got. I mean, do you
have the bank account numbers and the routing numbers?
Speaker 11 (14:26):
No? I don't have that. I only have like the
last four digits, and so I don't know if I contact,
would it be the FBI contact?
Speaker 6 (14:38):
Well, where is this other entity located or do you
even know out of state.
Speaker 11 (14:42):
In Utah the bank account is in Utah.
Speaker 10 (14:46):
I would contact the FBI, I would contact I would
contact the Colord Bureau of Investigation as well, and we'll
be glad to help you. But point number one, it
has to be identified where the mistake occurred and exactly
what the mistake is. Number number two, there has to
be some kind of demand for return of the money.
Speaker 6 (15:08):
Period. That's it.
Speaker 9 (15:09):
That's the answer, because you can guarantee that if a
bank accidentally put money into your account, they're gonna want
that money back. Yes, yes, And so you know, contact
both both banks, find out who the bank is that
sent it, I'm assuming you know, and then find out
(15:30):
who the bank is that received it. Every routing every
bank has routing numbers, and you could look that up and.
Speaker 6 (15:36):
You make a demand on everybody trial banks, you make
a demand on all of them.
Speaker 2 (15:40):
It's your money. You have the right to know where
your money exactly.
Speaker 7 (15:43):
You know that if they put it into the wrong account,
you have the right to tell them to get give
it back or get into the correct account. And the
company that received the money, they know they're receiving money,
they're not entitled to.
Speaker 6 (15:55):
Well, let's use an analogy here.
Speaker 10 (15:58):
Look, when you have a regular business, you're going if
somebody steals your checks and forges your checks, business or personal, whatever,
it doesn't matter. The bank that cash the check pays you,
and they pay it automatically because they know they're liable.
So it's their close analogy. Oh you get your money back.
I've done it for people before and they can't say no,
it was a forgery.
Speaker 6 (16:18):
They have to check.
Speaker 10 (16:19):
So this mistake was made, has to be identified where
and demand who made on everything?
Speaker 2 (16:24):
How long does this happen?
Speaker 11 (16:26):
It happened within the past six months.
Speaker 2 (16:29):
I would take mediate action.
Speaker 4 (16:31):
Yeah, meediate action.
Speaker 6 (16:33):
You can give us a call. We'll we'll we'll be
glad to help you. That's what we do.
Speaker 4 (16:36):
Okay, all right, Data, did we get you moving in
the right direction?
Speaker 11 (16:40):
Yeah? Thank you?
Speaker 4 (16:41):
All right, Data, Thanks, have a great day.
Speaker 11 (16:43):
You know.
Speaker 1 (16:44):
My brother is a real estate broker, and one of
his agents added an extra zero to an escro payment,
an escrow account payment, and it went from twelve five
hundred dollars two one hundred and twenty thousand and one
hundred and twenty five dollars and by the time they
caught it and went to the guy that had gotten
the money, he had already blown all of it, and
(17:06):
when they came knocking on the door, he's like, sue me,
I got nothing, and literally he had nothing. He was
judgment proof and he went to the casino and blew
it all in like forty five minutes.
Speaker 4 (17:18):
And so they never got their money back.
Speaker 2 (17:20):
That's the problem you have.
Speaker 5 (17:21):
Yep.
Speaker 7 (17:21):
They got the money, they're not entitled to it, and
they go blow it exactly.
Speaker 4 (17:25):
Kim in Strassburg, You're on with Gary Brad and Justin
from mell and Pollock.
Speaker 12 (17:32):
Hi'm Andy, first time caller.
Speaker 4 (17:34):
Welcome you hear Oh go ahead, Kim's what's your question?
Speaker 12 (17:41):
My question is is that I recently went online or
contacted Helster's Colorado Medicaid to redetermine my son's Medicaid status
and I had received a document in the mail that
is an alternative form of applying for Medicaid, and so
(18:05):
as I was talking through with an agent that works
for Help Versus Colorado, it was discovered that there was
a bunch of incorrect information entered about my son's case.
One piece of information that had been entered that I
(18:27):
don't know who entered it how it got entered was
that he was employed by an irrigation company. And my
son is severely disabled, has never worked in his life,
has never earned a paycheck in his life. And I
(18:49):
was told by the agent that worked to redetermine Medicaid
benefit that they didn't know how it got there and
that I should contact ACT the Colorado Division of Labor
and Employment to figure out how that got there. So
what kind of recourse is there for having assistance with
(19:12):
people in putting information on a disabled person, adult person's
behalf that's incorrect that determines his Medicaid status.
Speaker 1 (19:26):
So this is like a big mistake that is costing
him in terms of the benefits he's going to.
Speaker 4 (19:32):
Be able to get.
Speaker 12 (19:34):
Yes, if he earns too much income, then that can
kick him out of his of his Medicaid.
Speaker 4 (19:43):
So you're asking how you get that fixed?
Speaker 8 (19:46):
Okay, how do you.
Speaker 12 (19:48):
Get that fixed? And how do you know that there
isn't somebody somewhere getting into his case file and changing
information that can affect benefit well point number one.
Speaker 10 (20:02):
Usually those notices give you a limited time to appeal,
like sixty days.
Speaker 6 (20:06):
When did you get this? What happened. What's the timing.
Speaker 12 (20:11):
We received the information in the mail probably two months ago,
and I just spoke with an agent yesterday that helped
me to complete his redetermination over the phone. So it
was edited yesterday. And the agent said that he could
(20:32):
not tell me who or when that information was changed,
because last year it was not there when we did
is redetermination, and this year it was there as well
as my husband and I. It was changed that we
weren't Colorado residence when we've been Colorado residence our entire lives.
Speaker 4 (20:56):
That sounds like somebody's getting fraud somewhere.
Speaker 10 (20:59):
I mean, they're okay, so wrong numbers you meet the
terms of the appeal. Looks like you might have done
that under the wire yesterday. There's some government services I'm
looking at it right now. You need to look it
up online. One is called County Human Services Officers Office,
the local County Human Service Office and Health First Colorado
for Medicaid Health First Colorado And if you can't remember those,
(21:22):
just look them up and contact them right away.
Speaker 12 (21:27):
Yeah. I just spoke with an agent from Health First
Colorado yesterday to go over all of my son's invination.
Speaker 6 (21:36):
Did they fix it?
Speaker 1 (21:37):
Did they fix all of the stuff though, did it
did it get removed? And did did it get updated?
Speaker 5 (21:43):
Yes?
Speaker 11 (21:43):
I was able to edit and change that.
Speaker 12 (21:46):
But because it was even there, he told me to
look into that. Did my son's bank account information? Because
he has to have under two thousand dollars right right
to his name?
Speaker 5 (21:59):
Okay, and so I have to get that and.
Speaker 12 (22:02):
Send that to Adams County Health. Let's see social Let's
see Adams County Health and Human Service.
Speaker 1 (22:11):
Can I have got to take a break? Can you
hold on or do you want or have you have
you gotten an answer.
Speaker 4 (22:16):
That you want?
Speaker 5 (22:18):
Oh? Sure, I can hold on.
Speaker 1 (22:19):
Okay, hang on one second, because I have a couple
more questions. It just sounds like Medicaid needs to investigate this.
We'll be back with Gary and Bradd.
Speaker 4 (22:25):
In just a second.
Speaker 1 (22:26):
Perhaps there is a reason to uh make sure that
your son's Social Security number has not been stolen, and
that that, to me would be the thing to worry about.
Speaker 5 (22:36):
Okay.
Speaker 12 (22:37):
Yeah, I was just wondering what recourse does a person
have when Medicaid handles all this private information from one
year to the next, and then suddenly it's all changed
and different, and then they throw it back at you
to investigate it, Like, shouldn't they be investigating it to
(22:57):
be like, oh, yeah, we don't know how this got changed.
We don't know where it's coming from. We'll look into that.
Speaker 4 (23:04):
I mean, Ken, have you met the government?
Speaker 1 (23:07):
It's like, I mean, if we're talking about a governmental agency, right,
so that's not what their concern is. Guys, you want
to give any final comments, Well yeah.
Speaker 6 (23:15):
I mean I think you said you got it, you
got it corrected.
Speaker 10 (23:17):
I would put a freeze on his credit credit for
the for future, and you're I don't think you're going
to get any satisfaction from the governmental agency. Just keep
an eye on it, put a freeze on the credit,
and be thankful that it got changed.
Speaker 7 (23:31):
I think in staying close contact with your case manager,
you know who that is, and they know there's problem
on this account, and you know, the minute anything looks
out of the ordinary or looks like it's not right,
get to hold that case manager, explain what you what
you're seeing, and make sure the case manager protects your
son's income.
Speaker 9 (23:50):
The other thing I would mention is if the tech
you know the text, whoever texted the message about your
social security being stolen, your sons. I would even go
to Annual Credit Report dot com and run a credit
report and see if there's any fraudulently loans that have
been taken out under with his credit report.
Speaker 12 (24:08):
Okay, so annual credit report.
Speaker 9 (24:12):
Annual Credit Report dot com, and you'll want to run
his credit and get his credit reports the top three
Experience Equifax, TransUnion and see if there's any fraudulent loans
that are being taken out.
Speaker 1 (24:24):
I mean, there shouldn't be any action on it at all.
You'd be surprised, seriously, there should be nothing on his
credit report. There should literally be nothing to see there
if he's so severely disabled.
Speaker 4 (24:36):
I hope that you get this, you know, permanently straight now, Kim,
keep me posted.
Speaker 12 (24:42):
Okay, thanks for taking my call.
Speaker 4 (24:44):
Thanks Kim.
Speaker 1 (24:45):
You know, with everything that we now know about the
SMALLI fraud in Minnesota.
Speaker 4 (24:50):
You'd think you'd hope that our medicaid.
Speaker 1 (24:52):
System would be more than like you should check that out.
You'd perhaps think there'd be a little more intellectual curiosity there.
Speaker 5 (25:00):
But no, but no.
Speaker 1 (25:02):
Craig in Longmont, you were on with Gary Brad and
Justin from Melancholic.
Speaker 5 (25:07):
Good Afternoon. This has to do with car dealerships. I
used to be a manager at a car dealership from
twenty twenty two to twenty twenty three, so all the information,
so I'm approaching the statute of limitations when it comes
to employment law. However, if one can actually do anything
in my case, I wanted to ask this question. When
(25:29):
I worked at this dealership, I was unexpectedly terminated in
January twenty twenty three, and it's a long story, a
lot of details, but we're talking about breach of contracts
and I'm not going to go into all the details.
But one of the things that did happen also is
I bought a vehicle from them. And one of the
(25:50):
sort of the unwritten roles in the car dealership world
is the kind of want you to buy a car
from them versus going to another dealership, right, and I
get it, but there's nothing legally that allows them to,
you know, for ship by a vehicle from them. But
I didn't know that at the time, so I plead
ignorance on that. However, I've got text message proof from
(26:12):
the general manager that he wanted me to buy a
vehicle from them, so it was kind of like implied.
And then so then right, after I bought the vehicle
from them, I was unexpectedly terminated sixteen days after that happened.
And at that point, up to that point, I had
no unexpected or I had no reasonable thoughts that I
would be terminated from that dealership. And then they suddenly
(26:35):
dropped that bomb on me at the end of January
twenty twenty three. So, and I know Colorado's in that
well employment state. And after the separate discussion, however, the
rub is, here's the legal question. If they drop a
performance improvement plan the day of my termination and never
gave me for a warning about a performance improvement plan
(26:57):
that they backdated six weeks prior to my TERMINI is
there any legalities there?
Speaker 10 (27:04):
Okay, what I'm going to say to you already know
Colorado is an employee at will state. Okay, so they
can fire you for no reason or any reason. Now
there's exceptions. You just kind of almost fit into the
case of Keenan versus Continental Airlines. Keenan was a pilot.
He sued Continental for firing him. They said we didn't
have a contract. He said, ah, did have a contract,
(27:25):
because it's your personnel manual. And the Cold Supreme Court
said the personal manual can become a contract that day forward.
All the entity's businesses say, this is not a contract
express or implied all that. But if you can prove
and it looks like you might have a shot at it.
The procedures for them to terminate you were not followed,
(27:47):
including backdating an application, and that you relied on those
procedures and they were supposed to follow them to terminate you,
even though it's employment of will you got a.
Speaker 6 (27:57):
Leg in the door, Okay, And that's what I think
you ought to do.
Speaker 10 (28:02):
Use their procedures and their fraud backdating the document against them.
Make demand. And if you make demand, then they're going
to say you rather go to say what do you want?
Speaker 2 (28:12):
Well exactly.
Speaker 7 (28:13):
I was just sitting here thinking the vacating the document
is the problem for them. Yeah, and it's in your corner,
and that's good for you. But I'm sitting here thinking, Okay,
how do we start calculating your damages?
Speaker 2 (28:24):
Are we calculating saying you had to buy a car
that you didn't want.
Speaker 7 (28:27):
To buy, or that you got an interest rate you
didn't like it was too high, or you know, did
you go out and get reemployed right away?
Speaker 2 (28:33):
Did you find another job? How long were you unemployed?
Speaker 7 (28:36):
And how long did you miss out on wages or
at income. There's got to be some damages associated with it,
and that'd be the question.
Speaker 2 (28:45):
That we'd have to sit down and go over in
some detail.
Speaker 6 (28:48):
Yeah, but and that's not our area of works. So
you got to take what I say was a grain
of salt.
Speaker 2 (28:51):
But I'm worried.
Speaker 10 (28:52):
Were December of twenty five? You said January twenty three?
I think, what did you say?
Speaker 5 (28:57):
What day? I know it's a three year statue on
the year, I asked. Yeah. So the general question though,
is if they had actually written it on the day
of when it was six weeks backdated, so I actually
wrote it the day that it was actually written, then
they withheld it from me. Then is there something there
versus what if they wrote it and then they just
(29:18):
suddenly backdated it to make it look like they actually
wrote it when it actually supposedly was written. Either way,
if I'd known about that when whenever it was supposedly written,
if I would have seen that a performance improvement plan,
everybody knows that that's a precursor to being terminated, and
that's like the queue to okay, start looking for another job.
(29:38):
And it's also the queue to not to stop looking
for a vehicle if I was in the market for
a vehicle and that my employer at that dealership knew it.
So you know, it's like a double whammy in a sense.
Speaker 10 (29:48):
So I'm still worried about your statuation statiations for fraudt
two years okay, But it's what's called a discovery statue.
Speaker 6 (29:57):
What does that mean.
Speaker 10 (29:58):
It's the time periods starts when you discover or reasonably
should have discovered the fraud.
Speaker 4 (30:05):
Oh that's interesting. I didn't know that. Yeah, hey, can
you hang on for one second. We got to take
a quick break.
Speaker 1 (30:11):
All right, hang on, we'll be right back to answer
this question because I have another question about this next.
Speaker 4 (30:16):
Get on it, dude. Whatever you're going to do, you better.
Speaker 1 (30:19):
Do it soon, because you're up against the statute of limitations.
Speaker 5 (30:24):
Well if it's only two years, I know, I went
through a lot of this with lawyers already trying to
present it, and it's like they blew me off and
even well within the statue limitation, right. So yeah, it's
just I'm just trying to get a general answer whether
it would have happened or not.
Speaker 10 (30:40):
Well, there's a two year statute of limitation for fraud.
There's a longer one for breach of contract. So it's
kind of fact driven. So I don't want you to
just relied totally on the two years. But you've already
talked to lawyers before, so well, I mean I.
Speaker 5 (30:54):
Emailed them, I call them, and then they don't call
you back. Where oh we're not taking cases or I
can't take your case. They give you something, they give
you something, or they just ignore you. Right, Yeah, it's
like you know, I only talked to one lawyer and
then I sat with him for two hours at almost
five hundred bucks an hour, only for him to tell me, well,
I can't help you, but I can't.
Speaker 4 (31:15):
Think you can pay the very on the way out there.
Speaker 7 (31:17):
Before you give entirely up, give me a call and
let's just talk on the phone and see if there's
a cause of action and a way to help you out.
Speaker 1 (31:26):
All right, Craig, three oh three seven hundred, call and
make your appointment, Bud, Thank you, all right, thank you.
We're gonna see if we get Pam. And we've only
got a few minutes. Pam, We've got a couple of
minutes left with Gary Brad and Justin from Bell and Pollock.
Speaker 4 (31:39):
What's your question?
Speaker 8 (31:41):
My question is I was schoolbus drivers. So I went
to school district and I had a student attacked me severely,
quite severely. Sais great. I called VIC files of it
for that. Now the school district is just sunning me.
(32:05):
They want to bring me for the situation which I
have done nothing wrong, and then they terminated me. They
wanted me to quit and sign off on a forum
that I wouldn't come back or speak of the incident.
(32:25):
I refused to do that, so they terminated me. And
now the only way I can go is through workers
comp because it was on the job injury with the
third party in fall. So the school district they're saying, well,
we didn't do anything. It was you know, the students,
and so I'm just very confused. Now I'm going the
(32:47):
route of workers comp. Of course workers comp here the
school district, right, and I'm finding that they they're not caring.
Speaker 7 (32:59):
For me, you know.
Speaker 8 (33:00):
So I did get a worker's comp lawyer, but his
take on it was, well, you know, you're not going
to put that hole. I ended up with a big
scar on my face good war. It's a mess. It's
just a mess, and it just seems like am I
(33:22):
just wasting my time? Because the school district has very
long reaching arms and it seems like nobody wants to
go up against them.
Speaker 4 (33:35):
Well, can I ask you a question here, Pam? What
is what did they fire you for?
Speaker 8 (33:43):
You know, they still haven't said it. They won't. I
even had my worker's comp lawyer, you know what's the issue.
I want to know why I was terminated? And the
worker complayers said, well, they don't fire you for anything,
so that they can't fire you.
Speaker 10 (34:00):
For filing a workers comp claim. They cannot do that.
I want you to call. I want you to call
our law firm, UH. We do workers comp. We also
have a great employment lawyers we work with UH. And
it might solve all put all eggs in one basket,
but I want you to get a second opinion.
Speaker 6 (34:17):
Will be glad to give it to you. This does
not sound right to me.
Speaker 10 (34:21):
No needs to be looked at another another set of
eyes legalized on it would be glad to do it.
Speaker 4 (34:26):
Is their video of the attack. Do you have a
camera on your butt?
Speaker 8 (34:30):
Yes, But they won't allow anyone They wouldn't even give
the video to the police. What the police were involved
in may you know, we're investigating, so they needed the
video and the school district said no, no, there's miners involved.
It took two months to get Oh.
Speaker 7 (34:51):
God, I'd like to know what the school knew about
this student violent if they did.
Speaker 8 (34:57):
Know about because it was it was just a fill
and bus driver and the one who actually did the vote.
Pronup me before you see that she's written a book
to management about the violence the tendancies of that particular boss.
Speaker 1 (35:18):
Okay, yeah, I mean I'm out of time, but you've
got to call call them off the air. Call Gary
and Brad at three O three seven fifty nine hundred.
Schedule an appointment, and I want you to update me
as well. Now I need to know how this story
turns out. Okay, Okay, thanks, Pam, give him a call.
That sounds fascinating. See this is when I want to
be a lawyer because I want to dig into this.
Speaker 6 (35:39):
Yeah that that just doesn't stop me.
Speaker 1 (35:41):
If they knew the kid was violent and didn't do anything,
then they have a liability here.
Speaker 2 (35:45):
Yeah, something was really wrong right anyway.
Speaker 1 (35:47):
Gary Brad justin a joy to see you all as well.
Thanks for playing along with her, asked the attorney today,
Thank you
Speaker 6 (35:52):
For having us happy holidays, ready to go,
The Mandy Connell Show is sponsored by Belle and Pollock
accident and injury lawyers.
Speaker 2 (00:04):
No, it's Mandy Connell.
Speaker 3 (00:07):
And Tonnemy.
Speaker 4 (00:17):
Say can the nicey three?
Speaker 5 (00:21):
Andy Connell keeping no sad thing?
Speaker 1 (00:27):
Welcome, Welcome, Welcome to the second hour of the program.
I am in studio with two of my favorite personal
injury attorneys, Gary and Brad. My first personal injury attorney
favorite is my late father. No offense, guys, the word
play and ask the lawyer. We've also got Justin in
with us and we are going to answer your legal questions.
If you've got personal injury questions, especially, we'd love to
(00:50):
hear them. Text them to five six oh.
Speaker 4 (00:52):
No, you got to call we.
Speaker 1 (00:53):
We've determined that we have to call here because the
text are not complete enough. So call us with your questions.
Speaker 4 (00:59):
Three oh three.
Speaker 1 (01:01):
Eighty five eighty five. That's three oh three seven one
three eighty five eighty five. Give us a call with questions.
Speaker 5 (01:07):
Guys.
Speaker 6 (01:07):
Good to see you all, Nice to see you, to
be your happy holidays.
Speaker 1 (01:12):
Well, so I have a question that's not personal injury related,
but I'm so annoyed I need to get some kind
of advice on this.
Speaker 6 (01:17):
All right, Justin, I think you better be ready.
Speaker 1 (01:19):
Okay, Justin, I have a question for you, because I
uh at a prior radio station that I worked at,
where I took this little rag tag radio station, and
I took it from no ratings in the market to
number one in the market with absolutely no marketing budget,
with no support or help from the company that I
actually worked for.
Speaker 4 (01:38):
And that's all will and good I look back at
as a point of pride for me.
Speaker 1 (01:41):
And as part of that, my husband and I put
together in two thousand and nine a massive tea party
event in Fort Myers, Florida. We had about four or
five thousand people come out. It was spectacular. It was
absolutely spectacular. Fast forward to today, one of the owners
of that company is now running for car Congress, and
in his video announcing his run for Congress, he says,
(02:05):
and we brought you the tea party in two thousand
and nine. Now here's what I'm annoyed. They did nothing
to support it except allow me to talk about it
on the radio. We did everything, We have all the
signed contracts, we fundraised with listeners. We did not get
any any material support from this radio station at all.
Speaker 4 (02:24):
I don't think he can do that, can.
Speaker 5 (02:26):
He do that?
Speaker 6 (02:26):
Well, Justin's going to answer you, but I got to
tell you.
Speaker 4 (02:29):
Were you an employee, yes, And I knew you were
going to say that, ding ding ding.
Speaker 1 (02:34):
There's even if we used a separate our own entity,
our own marketing company to put the thing on.
Speaker 7 (02:43):
Well, did you have a contract with them? A written
contract with our entity.
Speaker 1 (02:47):
Everything that is involved in that was contracted with our entity,
not theirs.
Speaker 4 (02:52):
So all of the stage.
Speaker 1 (02:53):
We rented, all of the vendors that we had, all
the T shirts we made, that was all contracted with
our marketing company. When I say zero material support, they
didn't even want to send somebody from our TV station
out to cover it. So it was one of those
things where we did it anyway in spite of them,
not with support of the right Justin, do I.
Speaker 8 (03:13):
Have any.
Speaker 9 (03:15):
So you're saying that there was a contract between you
and the ones that helped support it, but not with
the radio station.
Speaker 4 (03:22):
Is out how I'm understanding correct?
Speaker 1 (03:25):
The only quote support that was given was I talked
about it on my show and they didn't interfere with that.
Speaker 9 (03:32):
And then they wanted to say now they're saying that.
Speaker 1 (03:36):
They brought the tea party, and I know this is
petty and small. Justin I realized that this is petty
and small on my part. But I'm not particularly fond
of this person. And I don't like it that he's
using that event to run for office because it implies
that I support him, I think, because the event was
all done by me and my people.
Speaker 4 (03:55):
So do you see what I'm saying. I'm just annoyed.
Speaker 6 (03:58):
Yeah, I mean, send a cease and desist.
Speaker 7 (04:01):
That's what I'd say. I'd say, cease and desist.
Speaker 2 (04:03):
How to go out?
Speaker 1 (04:04):
Do I do I need to have that formally written?
Or can I send a letter that says to avoid
a formal cease and desist. I'd like you to take
care of this.
Speaker 9 (04:12):
I'd send a formal letter.
Speaker 2 (04:13):
Okay, yeah, all right.
Speaker 6 (04:15):
I tell you, and I'll tell you what. The general
rule is.
Speaker 10 (04:18):
The general rule, and this is in Florida, but is
if you're an employee and you create content and you're
while you're being paid as an employee, then it is
usually owned by the employer. However, there's numerous exceptions, and uh,
this was a little bit different. It's got a couple
of different twists on it. I agree with Justin you
send them most season desist.
Speaker 4 (04:36):
Yeah, I'm gonna do it.
Speaker 2 (04:37):
I'd be doing.
Speaker 1 (04:38):
I'm super annoyed by this. Okay, let's get to real
phone calls, people with real problems. Call three oh three
seven one, three eighty five eighty five. John in the Springs,
you're on with Bell and Pollock, Gary Brad and Justin.
Speaker 3 (04:51):
Well, thanks, Amandy. I'm a first time caller and twenty
August at twenty twenty four, I basically take a long
story short uh contract in sepsis, and so.
Speaker 11 (05:06):
Now I'm above the.
Speaker 3 (05:08):
Knee amputee on my left leg, and everybody is uh.
Speaker 11 (05:17):
Well.
Speaker 3 (05:17):
I think six months before that, I had a miniscus
surgery on my left knee, and through my family, we
talked to the doctors because I was in an induced
coma for two months and then a care center for
seven months.
Speaker 11 (05:35):
I know it was it was quite right.
Speaker 3 (05:37):
My heart stopped, essentially I died and but they got
it restarted.
Speaker 11 (05:43):
But the.
Speaker 3 (05:45):
The viniskus surgery that I had six months before seemed
to have a hell of excuse me half of the
time healing. And there's a few people said, you know, John,
You've got to talk to somebody. So I did talk
to that other attorney that advertises with you guys and
(06:11):
on TV the doctor and attorney right, and we're dealing
with I can say the name Common Spirit, and they
said there's some conflict of interests and refer to a
few others. But I've heard your shows before on Sundays,
(06:36):
so everyone's you know, should I pursue it or should
I just let it go?
Speaker 6 (06:42):
I'm so sorry that you're living through the.
Speaker 4 (06:45):
Horrible Yeah?
Speaker 10 (06:46):
Really, So the Mottot nine legal question is causation is
infection and and so you start with your can informed
consent form? Uh, and I'll promise you the word is
infection is you can sense that you have the risk
of infection. But that's not the end of the game.
That doesn't mean they have the right, absolutely right, just
because you consented to it. It's like consenting to stomach
(07:08):
surgery and you might cut, you might cut your spinal cord,
but that doesn't give them the right to do so.
It doesn't the right to give you infection.
Speaker 3 (07:15):
So the question is what I was already I was
already in a coma.
Speaker 6 (07:20):
You're already in you couldn't consent, Okay, it's already.
Speaker 3 (07:22):
In a coma when the surgery happened, and so uh,
you know, I personally didn't sign anything, but I did
consent to They said as your leg or your life,
and you know, I said my leg kind of like
a question mark. And then I woke up seven the
way I woke up almost two months later.
Speaker 10 (07:44):
It's a matter of it's a matter of causation. Where
did you get the infection, How did you get the infection?
Was it or was it reasonable? Did they have a
reasonably controlled or not? And those going you look in
the medical records.
Speaker 2 (07:58):
Technique exactly.
Speaker 7 (08:00):
You talk to the other law firm. They didn't get
your medical records because they.
Speaker 3 (08:04):
Have a conflict, right, That's what I was sold.
Speaker 7 (08:08):
Okay, at a minimum, you should contact us to get
your medical records, to be able to look and see
why you contracted sepsis. It's a surgical sepsis, is what
I'm understanding, And I'd like to see what it is
that caused the sepsis, what the medical records say, because
you may very well have some cause of action here
(08:31):
that this isn't a normal outcome.
Speaker 2 (08:33):
And when it's not a normal.
Speaker 7 (08:35):
Outcome that they would expect, then something happened, and the
question is why did it happen, and what caused it
and what was the situation.
Speaker 10 (08:45):
I'll tell you one other thing to make you feel
a little bit better or not better, I guess, But
do you get your eyes right open and let's pull
the curtain back, because that's what we do in the show,
our show, this show. I'm not saying this. I know
this all firm you're talking about. I'm not saying they
did this. But I've seen numerous lawyers in my career
say I have a conflict when they just don't want
(09:07):
to take the case. They could, but I have a conflict,
so I can't take the case. It seems like it
would be a very complex operation. Yeah, I mean there's
a lot of moving or not moving. I guess part
if I'm going to be accurate. I mean, this sounds
like a big deal.
Speaker 4 (09:22):
It is.
Speaker 3 (09:22):
When they did the surgery, I had seven surgeries over
a course of a week, and so they wanted to
leave enough of the left leg to do. You know,
I have a seventy thousand dollars bionic leg now on.
Speaker 9 (09:37):
My left leg.
Speaker 3 (09:40):
But it is I mean there's things that I need.
Speaker 12 (09:44):
Yeah, you know, and.
Speaker 5 (09:47):
You know I'm not.
Speaker 8 (09:47):
You know, I'm not.
Speaker 3 (09:49):
You know I don't want to go for the world.
Speaker 6 (09:50):
But just a little vil you did you see what
the records say?
Speaker 10 (09:54):
Just like Brad Pollack said, you need to see what
the records say so I can call you guys.
Speaker 6 (10:00):
Yeah, of course.
Speaker 1 (10:02):
Okay, give him a call, make an appointment in the office,
and just for my own edification, keep me posted on
this because now I'm interested. You don't have to, I mean,
as you work your way through. But what a what
a I mean, I'm just going to say it, John,
I'm grateful you're still with us. It sounds like it
sounds like that was a real possibility of not happening.
Speaker 8 (10:20):
Well, the.
Speaker 3 (10:27):
How I see this, the big guys thought done with me.
Speaker 1 (10:32):
Yeah, you have our number, Handy three oh three seven
nine fifty nine hundred is the number three oh three
seven ninety five.
Speaker 4 (10:39):
Give him a call and make an appointment.
Speaker 2 (10:41):
John, you have a call, talk to Garry or Brown
and let us.
Speaker 3 (10:43):
Closing comment is I did not see Red during that
whole time, so that's.
Speaker 2 (10:49):
A good thing.
Speaker 4 (10:50):
There you go, John.
Speaker 1 (10:51):
I appreciate the phone call, man, I appreciate it so much.
I can't even imagine, you know, waking up from a coma.
Oh yeah, by the way, we took your leg while
you're what I say, all right, so let's find out
who's that three oh three seven eighty five eighty five.
Speaker 4 (11:06):
If you've got a question, Dana in Denver, what do
you got for?
Speaker 12 (11:09):
Gary?
Speaker 4 (11:10):
Brad and justin.
Speaker 11 (11:12):
So. I have a small business and sometimes I get
paid via automatic deposit into my bank account. Well, for
some reason, when I signed up with a certain firm,
a wrong bank account was entered in the state of
Utah instead of Colorado. And I don't know if my
(11:36):
computer was hacked into or what happened. I don't think
it was the company who was paid me that did this,
but anyway, several payments went into that account and now
I'm out about twenty five hundred dollars. Is there a
way that that money can be retrieved? I've asked the
company and they said no, once it's deposited, they can't
(11:57):
do anything.
Speaker 6 (12:00):
How did it get deposited in the wrong account again?
Speaker 11 (12:03):
Well, this wrong bank account information was entered on their website,
which apparently, you know, when I set up my profile
on their website, I set up the information myself, right,
I know I didn't put the wrong bank account, so
I don't know if my computer was hacked into and
(12:26):
somebody and put this different bank so they could receive
my money.
Speaker 5 (12:31):
Is it a.
Speaker 1 (12:32):
Completely different number? Did two numbers get transposed or what
kind of error is it? Because I think if it's
a totally different number, then that that would be a
concern in my mind. But if it's just one, you go, oh, yeah,
those two numbers should have been the other way.
Speaker 4 (12:46):
Which is it?
Speaker 11 (12:47):
No, it's a completely different number.
Speaker 2 (12:49):
Oh well, it sounds like her.
Speaker 7 (12:53):
It sounds like a company received your money that wasn't
supposed to receive it and now won't give it back.
Speaker 2 (13:02):
Is that the basics of it?
Speaker 11 (13:05):
But yeah, that's correct. How do I go about if
it's possible to get this money which is owed to
me the company that was supposed to send me the money.
I don't think they're in error, They're just doing what
was input into.
Speaker 1 (13:20):
F right, I mean does this sound like if it's
a totally different number, maybe as a point it could
be fraud. Does he need to report it as possible fraud?
What's the first step here?
Speaker 2 (13:32):
Yeah?
Speaker 10 (13:33):
I mean report it as possible fraud. You report the
mistake and this company you make demand on them. I
don't care how they got the money. They didn't deserve
the money whatever. It might be innocent, it may not be.
They got the money, you demand the money back. Well,
there's a cause of action had for you know, college
called money hadn't received. There's another one for civil theft.
(13:53):
There's another one conversion. Uh, And there's ways to do it.
It's a long way around the ranch. It's not an
easy solution, but that's the solution.
Speaker 7 (14:02):
Well, you're talking twenty five hundred dollars. These people knew
they were receiving money. They weren't titled exactly.
Speaker 4 (14:07):
Yeah, I mean I'd love to tell you that.
Speaker 1 (14:09):
I think that they would just be like, please let
us get But we know how society works these days, right.
Speaker 2 (14:14):
But to give it back, you know, yeah, you have
a right.
Speaker 4 (14:17):
How does he find out who got the money?
Speaker 1 (14:20):
That's the other thing he's got. I mean, do you
have the bank account numbers and the routing numbers?
Speaker 11 (14:26):
No? I don't have that. I only have like the
last four digits, and so I don't know if I contact,
would it be the FBI contact?
Speaker 6 (14:38):
Well, where is this other entity located or do you
even know out of state.
Speaker 11 (14:42):
In Utah the bank account is in Utah.
Speaker 10 (14:46):
I would contact the FBI, I would contact I would
contact the Colord Bureau of Investigation as well, and we'll
be glad to help you. But point number one, it
has to be identified where the mistake occurred and exactly
what the mistake is. Number number two, there has to
be some kind of demand for return of the money.
Speaker 6 (15:08):
Period. That's it.
Speaker 9 (15:09):
That's the answer, because you can guarantee that if a
bank accidentally put money into your account, they're gonna want
that money back. Yes, yes, And so you know, contact
both both banks, find out who the bank is that
sent it, I'm assuming you know, and then find out
(15:30):
who the bank is that received it. Every routing every
bank has routing numbers, and you could look that up and.
Speaker 6 (15:36):
You make a demand on everybody trial banks, you make
a demand on all of them.
Speaker 2 (15:40):
It's your money. You have the right to know where
your money exactly.
Speaker 7 (15:43):
You know that if they put it into the wrong account,
you have the right to tell them to get give
it back or get into the correct account. And the
company that received the money, they know they're receiving money,
they're not entitled to.
Speaker 6 (15:55):
Well, let's use an analogy here.
Speaker 10 (15:58):
Look, when you have a regular business, you're going if
somebody steals your checks and forges your checks, business or personal, whatever,
it doesn't matter. The bank that cash the check pays you,
and they pay it automatically because they know they're liable.
So it's their close analogy. Oh you get your money back.
I've done it for people before and they can't say no,
it was a forgery.
Speaker 6 (16:18):
They have to check.
Speaker 10 (16:19):
So this mistake was made, has to be identified where
and demand who made on everything?
Speaker 2 (16:24):
How long does this happen?
Speaker 11 (16:26):
It happened within the past six months.
Speaker 2 (16:29):
I would take mediate action.
Speaker 4 (16:31):
Yeah, meediate action.
Speaker 6 (16:33):
You can give us a call. We'll we'll we'll be
glad to help you. That's what we do.
Speaker 4 (16:36):
Okay, all right, Data, did we get you moving in
the right direction?
Speaker 11 (16:40):
Yeah? Thank you?
Speaker 4 (16:41):
All right, Data, Thanks, have a great day.
Speaker 11 (16:43):
You know.
Speaker 1 (16:44):
My brother is a real estate broker, and one of
his agents added an extra zero to an escro payment,
an escrow account payment, and it went from twelve five
hundred dollars two one hundred and twenty thousand and one
hundred and twenty five dollars and by the time they
caught it and went to the guy that had gotten
the money, he had already blown all of it, and
(17:06):
when they came knocking on the door, he's like, sue me,
I got nothing, and literally he had nothing. He was
judgment proof and he went to the casino and blew
it all in like forty five minutes.
Speaker 4 (17:18):
And so they never got their money back.
Speaker 2 (17:20):
That's the problem you have.
Speaker 5 (17:21):
Yep.
Speaker 7 (17:21):
They got the money, they're not entitled to it, and
they go blow it exactly.
Speaker 4 (17:25):
Kim in Strassburg, You're on with Gary Brad and Justin
from mell and Pollock.
Speaker 12 (17:32):
Hi'm Andy, first time caller.
Speaker 4 (17:34):
Welcome you hear Oh go ahead, Kim's what's your question?
Speaker 12 (17:41):
My question is is that I recently went online or
contacted Helster's Colorado Medicaid to redetermine my son's Medicaid status
and I had received a document in the mail that
is an alternative form of applying for Medicaid, and so
(18:05):
as I was talking through with an agent that works
for Help Versus Colorado, it was discovered that there was
a bunch of incorrect information entered about my son's case.
One piece of information that had been entered that I
(18:27):
don't know who entered it how it got entered was
that he was employed by an irrigation company. And my
son is severely disabled, has never worked in his life,
has never earned a paycheck in his life. And I
(18:49):
was told by the agent that worked to redetermine Medicaid
benefit that they didn't know how it got there and
that I should contact ACT the Colorado Division of Labor
and Employment to figure out how that got there. So
what kind of recourse is there for having assistance with
(19:12):
people in putting information on a disabled person, adult person's
behalf that's incorrect that determines his Medicaid status.
Speaker 1 (19:26):
So this is like a big mistake that is costing
him in terms of the benefits he's going to.
Speaker 4 (19:32):
Be able to get.
Speaker 12 (19:34):
Yes, if he earns too much income, then that can
kick him out of his of his Medicaid.
Speaker 4 (19:43):
So you're asking how you get that fixed?
Speaker 8 (19:46):
Okay, how do you.
Speaker 12 (19:48):
Get that fixed? And how do you know that there
isn't somebody somewhere getting into his case file and changing
information that can affect benefit well point number one.
Speaker 10 (20:02):
Usually those notices give you a limited time to appeal,
like sixty days.
Speaker 6 (20:06):
When did you get this? What happened. What's the timing.
Speaker 12 (20:11):
We received the information in the mail probably two months ago,
and I just spoke with an agent yesterday that helped
me to complete his redetermination over the phone. So it
was edited yesterday. And the agent said that he could
(20:32):
not tell me who or when that information was changed,
because last year it was not there when we did
is redetermination, and this year it was there as well
as my husband and I. It was changed that we
weren't Colorado residence when we've been Colorado residence our entire lives.
Speaker 4 (20:56):
That sounds like somebody's getting fraud somewhere.
Speaker 10 (20:59):
I mean, they're okay, so wrong numbers you meet the
terms of the appeal. Looks like you might have done
that under the wire yesterday. There's some government services I'm
looking at it right now. You need to look it
up online. One is called County Human Services Officers Office,
the local County Human Service Office and Health First Colorado
for Medicaid Health First Colorado And if you can't remember those,
(21:22):
just look them up and contact them right away.
Speaker 12 (21:27):
Yeah. I just spoke with an agent from Health First
Colorado yesterday to go over all of my son's invination.
Speaker 6 (21:36):
Did they fix it?
Speaker 1 (21:37):
Did they fix all of the stuff though, did it
did it get removed? And did did it get updated?
Speaker 5 (21:43):
Yes?
Speaker 11 (21:43):
I was able to edit and change that.
Speaker 12 (21:46):
But because it was even there, he told me to
look into that. Did my son's bank account information? Because
he has to have under two thousand dollars right right
to his name?
Speaker 5 (21:59):
Okay, and so I have to get that and.
Speaker 12 (22:02):
Send that to Adams County Health. Let's see social Let's
see Adams County Health and Human Service.
Speaker 1 (22:11):
Can I have got to take a break? Can you
hold on or do you want or have you have
you gotten an answer.
Speaker 4 (22:16):
That you want?
Speaker 5 (22:18):
Oh? Sure, I can hold on.
Speaker 1 (22:19):
Okay, hang on one second, because I have a couple
more questions. It just sounds like Medicaid needs to investigate this.
We'll be back with Gary and Bradd.
Speaker 4 (22:25):
In just a second.
Speaker 1 (22:26):
Perhaps there is a reason to uh make sure that
your son's Social Security number has not been stolen, and
that that, to me would be the thing to worry about.
Speaker 5 (22:36):
Okay.
Speaker 12 (22:37):
Yeah, I was just wondering what recourse does a person
have when Medicaid handles all this private information from one
year to the next, and then suddenly it's all changed
and different, and then they throw it back at you
to investigate it, Like, shouldn't they be investigating it to
(22:57):
be like, oh, yeah, we don't know how this got changed.
We don't know where it's coming from. We'll look into that.
Speaker 4 (23:04):
I mean, Ken, have you met the government?
Speaker 1 (23:07):
It's like, I mean, if we're talking about a governmental agency, right,
so that's not what their concern is. Guys, you want
to give any final comments, Well yeah.
Speaker 6 (23:15):
I mean I think you said you got it, you
got it corrected.
Speaker 10 (23:17):
I would put a freeze on his credit credit for
the for future, and you're I don't think you're going
to get any satisfaction from the governmental agency. Just keep
an eye on it, put a freeze on the credit,
and be thankful that it got changed.
Speaker 7 (23:31):
I think in staying close contact with your case manager,
you know who that is, and they know there's problem
on this account, and you know, the minute anything looks
out of the ordinary or looks like it's not right,
get to hold that case manager, explain what you what
you're seeing, and make sure the case manager protects your
son's income.
Speaker 9 (23:50):
The other thing I would mention is if the tech
you know the text, whoever texted the message about your
social security being stolen, your sons. I would even go
to Annual Credit Report dot com and run a credit
report and see if there's any fraudulently loans that have
been taken out under with his credit report.
Speaker 12 (24:08):
Okay, so annual credit report.
Speaker 9 (24:12):
Annual Credit Report dot com, and you'll want to run
his credit and get his credit reports the top three
Experience Equifax, TransUnion and see if there's any fraudulent loans
that are being taken out.
Speaker 1 (24:24):
I mean, there shouldn't be any action on it at all.
You'd be surprised, seriously, there should be nothing on his
credit report. There should literally be nothing to see there
if he's so severely disabled.
Speaker 4 (24:36):
I hope that you get this, you know, permanently straight now, Kim,
keep me posted.
Speaker 12 (24:42):
Okay, thanks for taking my call.
Speaker 4 (24:44):
Thanks Kim.
Speaker 1 (24:45):
You know, with everything that we now know about the
SMALLI fraud in Minnesota.
Speaker 4 (24:50):
You'd think you'd hope that our medicaid.
Speaker 1 (24:52):
System would be more than like you should check that out.
You'd perhaps think there'd be a little more intellectual curiosity there.
Speaker 5 (25:00):
But no, but no.
Speaker 1 (25:02):
Craig in Longmont, you were on with Gary Brad and
Justin from Melancholic.
Speaker 5 (25:07):
Good Afternoon. This has to do with car dealerships. I
used to be a manager at a car dealership from
twenty twenty two to twenty twenty three, so all the information,
so I'm approaching the statute of limitations when it comes
to employment law. However, if one can actually do anything
in my case, I wanted to ask this question. When
(25:29):
I worked at this dealership, I was unexpectedly terminated in
January twenty twenty three, and it's a long story, a
lot of details, but we're talking about breach of contracts
and I'm not going to go into all the details.
But one of the things that did happen also is
I bought a vehicle from them. And one of the
(25:50):
sort of the unwritten roles in the car dealership world
is the kind of want you to buy a car
from them versus going to another dealership, right, and I
get it, but there's nothing legally that allows them to,
you know, for ship by a vehicle from them. But
I didn't know that at the time, so I plead
ignorance on that. However, I've got text message proof from
(26:12):
the general manager that he wanted me to buy a
vehicle from them, so it was kind of like implied.
And then so then right, after I bought the vehicle
from them, I was unexpectedly terminated sixteen days after that happened.
And at that point, up to that point, I had
no unexpected or I had no reasonable thoughts that I
would be terminated from that dealership. And then they suddenly
(26:35):
dropped that bomb on me at the end of January
twenty twenty three. So, and I know Colorado's in that
well employment state. And after the separate discussion, however, the
rub is, here's the legal question. If they drop a
performance improvement plan the day of my termination and never
gave me for a warning about a performance improvement plan
(26:57):
that they backdated six weeks prior to my TERMINI is
there any legalities there?
Speaker 10 (27:04):
Okay, what I'm going to say to you already know
Colorado is an employee at will state. Okay, so they
can fire you for no reason or any reason. Now
there's exceptions. You just kind of almost fit into the
case of Keenan versus Continental Airlines. Keenan was a pilot.
He sued Continental for firing him. They said we didn't
have a contract. He said, ah, did have a contract,
(27:25):
because it's your personnel manual. And the Cold Supreme Court
said the personal manual can become a contract that day forward.
All the entity's businesses say, this is not a contract
express or implied all that. But if you can prove
and it looks like you might have a shot at it.
The procedures for them to terminate you were not followed,
(27:47):
including backdating an application, and that you relied on those
procedures and they were supposed to follow them to terminate you,
even though it's employment of will you got a.
Speaker 6 (27:57):
Leg in the door, Okay, And that's what I think
you ought to do.
Speaker 10 (28:02):
Use their procedures and their fraud backdating the document against them.
Make demand. And if you make demand, then they're going
to say you rather go to say what do you want?
Speaker 2 (28:12):
Well exactly.
Speaker 7 (28:13):
I was just sitting here thinking the vacating the document
is the problem for them. Yeah, and it's in your corner,
and that's good for you. But I'm sitting here thinking, Okay,
how do we start calculating your damages?
Speaker 2 (28:24):
Are we calculating saying you had to buy a car
that you didn't want.
Speaker 7 (28:27):
To buy, or that you got an interest rate you
didn't like it was too high, or you know, did
you go out and get reemployed right away?
Speaker 2 (28:33):
Did you find another job? How long were you unemployed?
Speaker 7 (28:36):
And how long did you miss out on wages or
at income. There's got to be some damages associated with it,
and that'd be the question.
Speaker 2 (28:45):
That we'd have to sit down and go over in
some detail.
Speaker 6 (28:48):
Yeah, but and that's not our area of works. So
you got to take what I say was a grain
of salt.
Speaker 2 (28:51):
But I'm worried.
Speaker 10 (28:52):
Were December of twenty five? You said January twenty three?
I think, what did you say?
Speaker 5 (28:57):
What day? I know it's a three year statue on
the year, I asked. Yeah. So the general question though,
is if they had actually written it on the day
of when it was six weeks backdated, so I actually
wrote it the day that it was actually written, then
they withheld it from me. Then is there something there
versus what if they wrote it and then they just
(29:18):
suddenly backdated it to make it look like they actually
wrote it when it actually supposedly was written. Either way,
if I'd known about that when whenever it was supposedly written,
if I would have seen that a performance improvement plan,
everybody knows that that's a precursor to being terminated, and
that's like the queue to okay, start looking for another job.
(29:38):
And it's also the queue to not to stop looking
for a vehicle if I was in the market for
a vehicle and that my employer at that dealership knew it.
So you know, it's like a double whammy in a sense.
Speaker 10 (29:48):
So I'm still worried about your statuation statiations for fraudt
two years okay, But it's what's called a discovery statue.
Speaker 6 (29:57):
What does that mean.
Speaker 10 (29:58):
It's the time periods starts when you discover or reasonably
should have discovered the fraud.
Speaker 4 (30:05):
Oh that's interesting. I didn't know that. Yeah, hey, can
you hang on for one second. We got to take
a quick break.
Speaker 1 (30:11):
All right, hang on, we'll be right back to answer
this question because I have another question about this next.
Speaker 4 (30:16):
Get on it, dude. Whatever you're going to do, you better.
Speaker 1 (30:19):
Do it soon, because you're up against the statute of limitations.
Speaker 5 (30:24):
Well if it's only two years, I know, I went
through a lot of this with lawyers already trying to
present it, and it's like they blew me off and
even well within the statue limitation, right. So yeah, it's
just I'm just trying to get a general answer whether
it would have happened or not.
Speaker 10 (30:40):
Well, there's a two year statute of limitation for fraud.
There's a longer one for breach of contract. So it's
kind of fact driven. So I don't want you to
just relied totally on the two years. But you've already
talked to lawyers before, so well, I mean I.
Speaker 5 (30:54):
Emailed them, I call them, and then they don't call
you back. Where oh we're not taking cases or I
can't take your case. They give you something, they give
you something, or they just ignore you. Right, Yeah, it's
like you know, I only talked to one lawyer and
then I sat with him for two hours at almost
five hundred bucks an hour, only for him to tell me, well,
I can't help you, but I can't.
Speaker 4 (31:15):
Think you can pay the very on the way out there.
Speaker 7 (31:17):
Before you give entirely up, give me a call and
let's just talk on the phone and see if there's
a cause of action and a way to help you out.
Speaker 1 (31:26):
All right, Craig, three oh three seven hundred, call and
make your appointment, Bud, Thank you, all right, thank you.
We're gonna see if we get Pam. And we've only
got a few minutes. Pam, We've got a couple of
minutes left with Gary Brad and Justin from Bell and Pollock.
Speaker 4 (31:39):
What's your question?
Speaker 8 (31:41):
My question is I was schoolbus drivers. So I went
to school district and I had a student attacked me severely,
quite severely. Sais great. I called VIC files of it
for that. Now the school district is just sunning me.
(32:05):
They want to bring me for the situation which I
have done nothing wrong, and then they terminated me. They
wanted me to quit and sign off on a forum
that I wouldn't come back or speak of the incident.
(32:25):
I refused to do that, so they terminated me. And
now the only way I can go is through workers
comp because it was on the job injury with the
third party in fall. So the school district they're saying, well,
we didn't do anything. It was you know, the students,
and so I'm just very confused. Now I'm going the
(32:47):
route of workers comp. Of course workers comp here the
school district, right, and I'm finding that they they're not caring.
Speaker 7 (32:59):
For me, you know.
Speaker 8 (33:00):
So I did get a worker's comp lawyer, but his
take on it was, well, you know, you're not going
to put that hole. I ended up with a big
scar on my face good war. It's a mess. It's
just a mess, and it just seems like am I
(33:22):
just wasting my time? Because the school district has very
long reaching arms and it seems like nobody wants to
go up against them.
Speaker 4 (33:35):
Well, can I ask you a question here, Pam? What
is what did they fire you for?
Speaker 8 (33:43):
You know, they still haven't said it. They won't. I
even had my worker's comp lawyer, you know what's the issue.
I want to know why I was terminated? And the
worker complayers said, well, they don't fire you for anything,
so that they can't fire you.
Speaker 10 (34:00):
For filing a workers comp claim. They cannot do that.
I want you to call. I want you to call
our law firm, UH. We do workers comp. We also
have a great employment lawyers we work with UH. And
it might solve all put all eggs in one basket,
but I want you to get a second opinion.
Speaker 6 (34:17):
Will be glad to give it to you. This does
not sound right to me.
Speaker 10 (34:21):
No needs to be looked at another another set of
eyes legalized on it would be glad to do it.
Speaker 4 (34:26):
Is their video of the attack. Do you have a
camera on your butt?
Speaker 8 (34:30):
Yes, But they won't allow anyone They wouldn't even give
the video to the police. What the police were involved
in may you know, we're investigating, so they needed the
video and the school district said no, no, there's miners involved.
It took two months to get Oh.
Speaker 7 (34:51):
God, I'd like to know what the school knew about
this student violent if they did.
Speaker 8 (34:57):
Know about because it was it was just a fill
and bus driver and the one who actually did the vote.
Pronup me before you see that she's written a book
to management about the violence the tendancies of that particular boss.
Speaker 1 (35:18):
Okay, yeah, I mean I'm out of time, but you've
got to call call them off the air. Call Gary
and Brad at three O three seven fifty nine hundred.
Schedule an appointment, and I want you to update me
as well. Now I need to know how this story
turns out. Okay, Okay, thanks, Pam, give him a call.
That sounds fascinating. See this is when I want to
be a lawyer because I want to dig into this.
Speaker 6 (35:39):
Yeah that that just doesn't stop me.
Speaker 1 (35:41):
If they knew the kid was violent and didn't do anything,
then they have a liability here.
Speaker 2 (35:45):
Yeah, something was really wrong right anyway.
Speaker 1 (35:47):
Gary Brad justin a joy to see you all as well.
Thanks for playing along with her, asked the attorney today,
Thank you
Speaker 6 (35:52):
For having us happy holidays, ready to go,
The Mandy Connell Podcast News
Popular Podcasts
Las Culturistas with Matt Rogers and Bowen Yang
Ding dong! Join your culture consultants, Matt Rogers and Bowen Yang, on an unforgettable journey into the beating heart of CULTURE. Alongside sizzling special guests, they GET INTO the hottest pop-culture moments of the day and the formative cultural experiences that turned them into Culturistas. Produced by the Big Money Players Network and iHeartRadio.
Crime Junkie
Does hearing about a true crime case always leave you scouring the internet for the truth behind the story? Dive into your next mystery with Crime Junkie. Every Monday, join your host Ashley Flowers as she unravels all the details of infamous and underreported true crime cases with her best friend Brit Prawat. From cold cases to missing persons and heroes in our community who seek justice, Crime Junkie is your destination for theories and stories you won’t hear anywhere else. Whether you're a seasoned true crime enthusiast or new to the genre, you'll find yourself on the edge of your seat awaiting a new episode every Monday. If you can never get enough true crime... Congratulations, you’ve found your people. Follow to join a community of Crime Junkies! Crime Junkie is presented by Audiochuck Media Company.
The Brothers Ortiz
The Brothers Ortiz is the story of two brothers–both successful, but in very different ways. Gabe Ortiz becomes a third-highest ranking officer in all of Texas while his younger brother Larry climbs the ranks in Puro Tango Blast, a notorious Texas Prison gang. Gabe doesn’t know all the details of his brother’s nefarious dealings, and he’s made a point not to ask, to protect their relationship. But when Larry is murdered during a home invasion in a rented beach house, Gabe has no choice but to look into what happened that night. To solve Larry’s murder, Gabe, and the whole Ortiz family, must ask each other tough questions.