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Massachusetts Questions & Answers
2 Answers | Asked in Criminal Law, DUI / DWI, Employment Law and Workers' Compensation for Massachusetts on
Q: Former UPS Driver wrongful termination?

Hi! I am a former UPS driver who was terminated after an employee accused me of drinking alcohol in the UPS truck and "acting drunk". The police were called and I passed a field sobriety test. My manager required me to submit to a "drug and alcohol test" although when I went... Read more »

Michael Levin
Michael Levin answered on Dec 22, 2021

Generally speaking, an employer can always require a drug test. However, your question appears under the heading of "workers' compensation," which only deals with workplace injuries. It belongs under the heading of "employment law," and I will defer to experts in that... Read more »

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4 Answers | Asked in Immigration Law for Massachusetts on
Q: K1 home situation

Hi, I have some doubts on the address that I need to put on the ds 160. My fiancee is currently living in a room and is looking for a 1bedroom apartment for us. I wanted to know what does the interview officier need to know? Would I be able to live with her in the room or should she immediatly get... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Dec 4, 2021

As long as your immigration case is credible you have nothing to worry about, issues may arise when parties began fabricating things for immigration purposes.

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1 Answer | Asked in Employment Law for Massachusetts on
Q: Can my employer refuse to pay me for missing work due to being positive for covid?

Owner of company knowingly put me in danger of contracting covid by making me drive in a work van while he was visibly, extremely sick. Within days of that exposure I was diagnosed as covid positive. Refuses to pay me.

Rhiannon Herbert
Rhiannon Herbert answered on Nov 24, 2021

While numerous laws were enacted in response to COVID-19 in 2020, these extra protections all expired on December 31, 2020. Now, whether and how much pay you are entitled to is governed strictly by the Fair Labor Standards Act (FLSA). The FLSA does not require employers to offer sick pay or pay you... Read more »

1 Answer | Asked in Car Accidents for Massachusetts on
Q: While driving, I was hit by another car that didn't stop at stop sign. He was not insured. My car is totaled.

My car was towed to a storage facility and I don't know who has to pay for those fees, since his supposed insurance company, GEICO, says his insurance was expired or invalid (?). I had coverage for uninsured and underinsured drivers, but that only covers bodily injury. I'm filling a claim... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 17, 2021

A Massachusetts attorney could advise best, but your question remains open for two weeks. If you have to get rid of the car, you may want to consider taking photos. Your post does not mention injury, and I hope you were not injured. But if there were any injuries here and the matter needs to be... Read more »

1 Answer | Asked in Copyright for Massachusetts on
Q: I hired a company to create a logo

I hired a company to create a logo for my business which will be starting in the future. They created the logo for me and before they emailed it to me they wanted all sorts of money to get a copyrighted. I did a quick search and think I found out that it does not need to be copyrighted unless I... Read more »

Robert Kost
Robert Kost answered on Nov 17, 2021

There's a lot to sort out here. First, if you paid for a logo, I'm not sure why you're obligated to the vendor to copyright it (meaning: register it with the copyright office - see below). A more fitting form of legal protection is probably trademark, which is very different from... Read more »

1 Answer | Asked in Probate for Massachusetts on
Q: My Dad died with a will leaving everything to my stepmother. Can't I still inherit part of his estate?

She just sent me a legal paper to sign giving up my rights to any of his holdings. He still owes my mother $80k for back child support.

Lillian J. LaRosa
Lillian J. LaRosa answered on Nov 17, 2021

So, did your mother pursue a Contempt action to establish the arrears? Is she living and able to pursue the claim against her former husband's estate? If not, are you the Personal Rep of her estate? You really need to discuss the whole issue with a Probate attorney ASAP as there is a one year... Read more »

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Would starting a new master's program right after PhD impact my chance of filing for the EB1-A visa?

Greetings,

I hope the message finds you well. I am an international graduate student and I recently defended my PhD dissertation (STEM field). I intend to file for EB1A visa; I think I've met 3 out of the 10 criteria. Then there's that second part from USCIS that reads... Read more »

Samuil Buschkin
Samuil Buschkin answered on Nov 16, 2021

The definition of extraordinary ability is a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor. You prove extraordinary ability by showing “sustained national or international acclaim” and that your... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Massachusetts on
Q: I want to make a nft colection, but I'm concerned about copyright.

The idea is to make dogs dressed as marvel superheroes(for example dog ironman, dog spiderman). Is that legal, and how far can I go in that direction without paying a fine

Robert Kost
Robert Kost answered on Nov 16, 2021

You are correct to be wary. I'm sure the trademark lawyers at Marvel are alert to any and all uses of their trademarks. It's not so much a "fine" that you would pay, as much as it might be money damages and an injunction against using the marks on your non-fungible and... Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: If I am the sole manager of an LLC with an asset (property), during a divorce would that company (and asset) be jeopard?
Lillian J. LaRosa
Lillian J. LaRosa answered on Nov 10, 2021

Assuming this is a Massachusetts divorce and if your question is whether your interest in the LLC is an asset to be divided by the Probate & Family Court in property division in a divorce, yes is the answer. However, the allocation by the court still depends on the statutory factors so... Read more »

2 Answers | Asked in Copyright for Massachusetts on
Q: Am I allowed to publish my old LP collection on YouTube? Are there also state laws prohibiting this in Massachusetts?
Robert Kost
Robert Kost answered on Nov 8, 2021

By "publish," do you mean digitize and upload? Without knowing more, I believe the answer is pretty clearly NO.

Section 114 of the Copyright Act speaks directly to "sound recording" rights in, for example, your old LPs. That right belongs to the copyright owner....
Read more »

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1 Answer | Asked in Real Estate Law for Massachusetts on
Q: If my mortgage is in default, can I sell part of my land?

We are back $5,000 and have an offer of $25,000 for a part of our land

Christopher Tolley
Christopher Tolley answered on Nov 8, 2021

You would have to obtain the permission of your current mortgage holder. They may not be willing to accept a partial payment in exchange for a release of part of the mortgaged land, and they certainly will not give a release unless you are current on the mortgage payments. They also might want to... Read more »

3 Answers | Asked in Employment Law and Immigration Law for Massachusetts on
Q: Which work Visa do I need as a Bangladeshi citizen to work @ a Coffee business in Boston MA. They are my ex UK employer.

Dear Sir/Madam,

I am from Bangladesh, I recently received job offer from an employer in US and I would like to know what's the procedure for Bangladeshi citizens to be able to meet the immigration requirements. I will be working at a Coffee chain shop in state of Massachusetts which I... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Nov 7, 2021

You may qualify for an L visa or you will need an H visa. More information is needed. Secondly, it is the employers responsibility to take care of the initial visa requirements for the employee. I suggest you have the emplooyer contact an experienced immigration attorney.

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1 Answer | Asked in Medical Malpractice for Massachusetts on
Q: A pelvic scan showed swollen lymph nodes in groin, needle biopsy showed positive for cancerous cells, surgery removes

Nodes on one side but pathology says all negative for any cancer?

Tim Akpinar
Tim Akpinar answered on Oct 31, 2021

A Massachusetts attorney could probably advise best, but your post remains open for four weeks. It isn't fully clear what the issue is from the brief description. It is clear you are interested in learning about your legal rights in a matter involving a surgery and a medical diagnosis. One... Read more »

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: I own a rental property which only has master insurance. An adjoining unit had a water leak that caused damage to my

unit. The other unit insurance adjuster has said that there is no negligence on the owner of the unit so no liability reimbursement required. The water clearly came from the other unit. Do I have a legal recourse here to sue for damages? Thank you.

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 27, 2021

This is really more of an insurance issue than a real estate question. Some people hire independent adjusters to deal with claims for property damage.

1 Answer | Asked in Education Law for Massachusetts on
Q: Can the school provide the details of a ratio between sped and general ed in a classroom cohort?

I would like to know if the general ed cohort my child is in is heterogenous. She feels that it is in a targeting special ed group because she is on a IEP- I have requested the ratio of gen ed to special ed in this cohort and the school denied the request. Do I have the right to know as a member of... Read more »

Kimberly Winslow
Kimberly Winslow answered on Oct 26, 2021

This is not a privacy concern, but there is no explicit "right to know" either. As you correctly note, you are a member of the team. The information may help you to make informed decisions about appropriateness of placement, etc.

1 Answer | Asked in Trademark for Massachusetts on
Q: Hello, I seek to make a trademark and wanted to know the process, requirements, and cost.
Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 26, 2021

May take six to eight months, cost can vary.

Consult with an attorney.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Will applying for CPT conflict with my marriage-based green card application?

I'm currently on F-1, but I'm waiting for my marriage-based green card interview date and work permit (I already did my biometrics). I wish to apply for CPT for an employment opportunity directly related to my course of study (I'm a Ph.D. student and already used my OPT after my... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 24, 2021

No.

You may apply for your OPT EAD as planned which would not affect your pending AOS LPR case.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: My home was shot up with me and my kids in side. Then 3 days later it happen again but we were not in the house the

Second time. I provide a written letter on how we were told by the police to not go back and it was unsafe. Now they are trying to collect for un paid rent and damages from the bullets and the condition of the home. Can I appeal due to General Rules

Section 8-112 - Termination of tenancy... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 22, 2021

You need Landlord Tenant counsel rather than real estate counsel.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: I have changed my status from an F-1 to an H1B visa on US soil. Do I have to be out outside the US to renew my visa?

I had an f1 visa on my passport and I do not have an h1b visa stamped on my passport, however, i got a legal status for a h1b last October (2021). I wanted to enter my visa and was hoping that this would allow me to travel internationally, however my visa on my passport is still an F1.

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 19, 2021

Immediately advise your assigned immigration attorney retained by the sponsoring company.

1 Answer | Asked in Real Estate Law and Probate for Massachusetts on
Q: My father owns a home but does not live in it, my sister is living In it. My dad has a will and leaves estate to both

of us. how does my sister living in this house currently impact that? does she have rights to keep the house and not sell if my dad passes?

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 18, 2021

The terms of the Will govern and whether or not there are debts and liens to be paid by the estate are also considerations for the Personal Representative. If the property is left to both of you, you can also seek reasonable rents. Sometimes the other devisee is interested in purchasing the other... Read more »

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