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Questions Answered by Maurice Mandel II
2 Answers | Asked in Employment Discrimination, Employment Law and Health Care Law for Ohio on
Q: Hipa Law discrimination

put on a Safety Hold due to medical reasons . I am a Truck Driver

Maurice Mandel II
Maurice Mandel II
answered on Jul 10, 2023

Your medical condition could constitute a physical disability for which you are entitled to a reasonable accommodation. HOWEVER- the employer does not have to accommodate the condition if you remain a danger to yourself or others, with or without the accommodation. Blind people cannot be... View More

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1 Answer | Asked in Employment Law and Business Law for Tennessee on
Q: i got in trouble for a conversation I had in the break room. I never consented to recording. Is that illegal?

I was having a conversation with some coworkers about our bosses. The convo was heated, and all the employees were upset. We all got called out and in trouble for talking bad, but the only way they knew was from the camera recording in the corner. There was no consent i signed to be audio... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 10, 2023

Video or audio taping of a person without their knowledge or consent can be "wiretapping," and it is illegal in most states. The issue is are there any warning signs at the workplace that advise you there is taping or are security cameras in place? If so, you have been provided warning.... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: Does Massachusetts define Protected Concerted Activity for private sector employees?

Massachusetts has MGL that defines Protected Concerted Activity for Public Employees, but there is no mention of private sector employees. Are there laws that protect private sector employees in Massachusetts? Or is the only private sector protection at the Federal level(NLRB)?

Maurice Mandel II
Maurice Mandel II
answered on Jul 10, 2023

Usually this type of law addresses protection from GOVERNMENT ACTION based on assertion of constitutional rights, or it could be UNION action. (NLRB) If you are a public sector employee, your employer is the government, which is why they have these laws. For private sector employees, the employer... View More

2 Answers | Asked in Family Law, Landlord - Tenant and Probate for California on
Q: Hi, I have a question. My friend, a home owner, wants to sell his home, but his children demand money from the sale.

Hi, good afternoon, I have this friend who owns a home. His wife passed away recently. Now he wants to sell his home but his children (2, male and female, both working, older adults) have told him if he sells they want a share of the sale proceeds. Both children live in his house without paying... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 10, 2023

There is an old saying: "you can choose your friends but not your family." Your friend is not required to give the children a part of the sale proceeds for the home, UNLESS the wife left a Will granting the children her share of the community property in the house. If the man owns the... View More

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2 Answers | Asked in Employment Law for Ohio on
Q: Is this considered workplace retaliation?

I went to my Union Rep and complained about my Supervisor. My Supervisor ended up finding out and canceled my overtime that he specifically said I could work. Is this retaliation?

Maurice Mandel II
Maurice Mandel II
answered on Jul 10, 2023

Sometimes this makes you wonder who your Union is representing, doesn't it. Unfortunately, since you are represented by a Union, they are your exclusive representatives under the NLRA. You could file an unfair practices claim with them, or file a grievance with your union over the OT.... View More

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2 Answers | Asked in Criminal Law and Personal Injury for New York on
Q: My mother was assaulted by someone a few months back. She cursed at a driver who the pulled over and assaulted her

tonight I was walking home and the culprits have reappeared and parked the car in question down the street. Her wrist has been injured since she was shoved and pushed to the ground by the female drive who exclaimed : Who's the b**** now!!! hahah and drove off.

Being a new yorker... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 9, 2023

Your mother was subjected to a hit and run, sorry. Usually these cannot be pursued because the car and driver cannot be identified. You can file a "late" police report about the hit and run if you now have information about the vehicle and possibly the driver. They are subject to civil... View More

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: Yesterday I got pulled over and took to jail for speeding and passing in a no passing zone 82 in a 55

This cop is the only one that bothers me he's pulled me over multiple. Times he left me in the back of patrol car for 30 min with no air or window down and he turned from I could take u to jail to get out the car u going to jail cause I said I'm going check my phone to see if my GPS was... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 9, 2023

Passing in a "no passing zone" and going 82 in a 55 mph posted zone are traffic infractions. You can hire a traffic ticket attorney to represent you. The cop that is "bothering" you is probably assigned to patrol that area for traffic violations, which you admit you are... View More

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2 Answers | Asked in Traffic Tickets for Hawaii on
Q: Should I say YES or NO to the traffic violations on my oath ceremony?

Q: “Since your interview, have you been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance, including traffic violations?”

I got cited couple months ago for having expired insurance, but when I attended the court date they... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 9, 2023

What Oath Ceremony? Citizenship? Police force? Usually traffic citations are not considered crimes that you have to report on taking an oath regarding pending criminal actions. Usually they are infractions, unless it is a DUI or a misdemeanor. I really cannot say without knowing what kind of... View More

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2 Answers | Asked in Employment Law, Contracts, Workers' Compensation and Personal Injury on
Q: do i have the rights to sue my employer because of my condition now i get fungal infections and i get this in my work

I'm working in salon so I'm directly contact with the clients and one time i did client who have athlete foot but the salon don't have gloves it's finish so after that i get infected with this diseas now my face have fungal infection and it's getting worst it's spread... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 9, 2023

Sorry to hear about this. If you are actually an employee vs. and independent contractor, you can file a Worker's compensation claim with the state board where you work. You can get medical benefits and possibly lost wages. You may have an additional claim for "serious and willful... View More

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2 Answers | Asked in Employment Law and Appeals / Appellate Law for California on
Q: I won my Pua claim denial. My claim date was 08/21/2021. My last day of work was 02/02/2020. Will my claim be backdated?

Does the CUIAB automatically backdate a reversed Pua claim denial?

Maurice Mandel II
Maurice Mandel II
answered on Jul 9, 2023

Congratulations. I suggest that you go to PUA.GOV to find out the answers to your question, or contact the CUIAB, or EDD to find out the answers from the horse's mouth, so to speak. Unlikely it is prospective from the date of the appellate decision. Thank you for using Justia ask a lawyer.

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2 Answers | Asked in Business Law and Identity Theft for California on
Q: I have a unique situation in which my father used my name to open up a company to pay his employees and avoid taxes and

Workers comp. Now that company is being sued and it’s in my name. What can I do. I also have power of attorney durable and under the grounds of not being able to make sound financial decision like not paying anybody he owes. It’s notarized and effective immediately

Maurice Mandel II
Maurice Mandel II
answered on Jul 9, 2023

Dad has stolen your identity? You need to notify the creditors of his company that you are not responsible, possibly contact the police or you may be on the hook for the costs, and taxes. This arises in the areas of taxation and business claims. I recommend you contact several attorneys in your... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: iim rentin whit out a lease,the unit has mold infestation, and rats , and the tent does not have a renting permit what

What should I do the mold is affecting our health as well what can I do

Maurice Mandel II
Maurice Mandel II
answered on Jul 9, 2023

You have multiple legal issues. Most important is the personal injury through Mold contamination, you need a personal injury attorney for that. Then you have landlord/tenant issues. Are you living in a "tent?" as it says in your post? Or is this a house/apartment/hotel room? Is it a... View More

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3 Answers | Asked in Tax Law for California on
Q: Got a CP2000 Notice from IRS stating that I have not reported two 1099-NEC that are not mine.

The IRS provided some information on the 1099 including the amount and the issuer of the 1099s. One entity issued two different 1099s. I did some digging and discovered that both belong to my family members. They confirmed that they reported income for the two 1099s received from that issuer and... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 9, 2023

IRS makes mistakes just like any government agency. However, there are also a lot of scammers who pretend to be the IRS in order to commit IDENTITY THEFT, and you may be providing them with information about your relatives that could allow the scammer to steal their identity. I would contact the... View More

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2 Answers | Asked in Business Law, Criminal Law and Civil Litigation for California on
Q: Hello,Employee, damages business property and steals money following a scammers orders, police say they won’t act!

Hello,

I have a retail store in California, my employee alleges he received a phone call from someone who instructed him to take all the cash in the store and break into all our locked cabinets even the safe, and take pictures of IDs, checks, bank account information, insurance information... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 9, 2023

Sorry to hear that you were victimized like this. No, you cannot sue to police to get them to conduct a criminal investigation or bring charges. You can go over the detective's head to his supervisor to complain, but the police have discretion about what cases they will pursue. You need to... View More

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1 Answer | Asked in Consumer Law, Collections, Energy, Oil and Gas and Municipal Law for California on
Q: The electric Company came out today (Saturday) and disconnected my electricity (which is included in rent) is this legal

My landlord recently passed away and his heirs seem to think that an acceptable way to encourage the tenants to move out is to stop paying the utility bills, which are included in the monthly rent payments, and the electricity got shut off today (on a Saturday) - the utility company is now telling... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 9, 2023

This is awful. You need to contact the utility immediately to have service restored in your own name. Deduct from rent what you must pay. Your landlord is prohibited from doing this to force you out, it is in a statute, I believe Civil Code 1941.6, or close to it. You need to retain an attorney... View More

3 Answers | Asked in Civil Litigation and Landlord - Tenant for California on
Q: Can I sue someone without knowing his (mailing) address?

I need to sue someone a civil court, but I don't know his address. How could I serve the court papers without knowing his address? If I hire someone to serve the court papers, or ask the county sheriff to serve the court papers, will they be able to do it without me providing the... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 9, 2023

You can hire a private Investigator to locate the individual if you have some identifying information, car license plate, driver's license number, social security number, place of employment, bank account number...... But as Mr. Kane said, you have additional problems beyond just locating... View More

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3 Answers | Asked in Business Law, Civil Litigation, Civil Rights and Contracts for California on
Q: In both the small claims court and the civil court, if the defendant commits perjury, who can hold him responsible?

When suing in a small claims court and a civil court, if I, the plaintiff, can prove that the defendant has committed a perjury, which party can hold the defendant responsible? Who can sue the defendant for perjury? The District Attorney? The court? Or me, the plaintiff?

Maurice Mandel II
Maurice Mandel II
answered on Jul 9, 2023

I agree with Mr. Kane, that YOU cannot recover damages when someone perjures himself in court, however, perjury is a crime and could be investigated by the District Attorney or Attorney General. IMO, it won't be. These offices are overwhelmed with cases and investigating an alleged perjury... View More

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3 Answers | Asked in Employment Law for California on
Q: Termination for logging into a work account when I was not scheduled to work?

I work for a large medical group that has 5,001 – 10,000 employees in Orange County, California. I have been an employee without any write ups or disciplinary points for almost two years now. However, they have a strict policy about logging into our work accounts online when we are not scheduled... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 9, 2023

As I read your post, the termination hasn't happened yet and an investigation is ongoing, with you as the primary focus, and your job in potential jeopardy. If you were in San Diego at the time the WA computer logged in with your password, you need to provide all evidence to your employer,... View More

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: My license is Bossma3 he put BOSSMAE would I still be guilty
Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Your ticket won't be dismissed for a typo. If you go to trial, you can point it out to the court, may affect the credibility of the officer. Officer could file a correction in the meantime, before trial. I recommend you contact several attorneys in your area that practice this type of law,... View More

1 Answer | Asked in Traffic Tickets for Arkansas on
Q: If officer stops me for cracked windshield , law states he should give me reasonable opportunity to fix b4 citation. Meo

Meaning if I’m stopped again and issue not fixed then shall I be given a ticket.correct?

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

You can receive multiple tickets for the same equipment violation. Question is what is a reasonable time. A week? 2 Weeks? probably. 2 months, probably not, you pay 2 fines. I recommend you contact several attorneys in your area that practice this type of law, as soon as possible. Thank you for... View More

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