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Questions Answered by Maurice Mandel II
4 Answers | Asked in Consumer Law for California on
Q: Hi. A body shop damaged many parts of my car & the owner won't take responsibility. He's threatening me over reviews

He's threatening to sure me over my bad reviews. I'm pissed because I've spent close to $2k fixing everything they damaged and people have a right to know about my horrible experience

Maurice Mandel II
Maurice Mandel II
answered on Dec 4, 2024

Sorry that you were treated this way, there are many unscrupulous auto repair shops and some of them are dealerships, however, there are also honest mechanics. You should ABSOLUTELY file against the shop in Small Claims. Check the business license with the city to see who the real owner is and sue... View More

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4 Answers | Asked in Employment Law and Small Claims for California on
Q: I've worked for an apartment complex for over 5 years Doing 2 remodels , and some general maintenance. Never been paid

I have witnesses ( current apartment manager, apartment owners son , and all the people living there) who said they would have no Problem testifying to me working. I'd say its at least 10 k for over 5 years. I still go and do maintenance to this day. The owners son tells me to be back the next... View More

Maurice Mandel II
Maurice Mandel II
answered on Dec 4, 2024

Sorry that you had your wages STOLEN by this apt owner. I hear about this all the time. Because you provided physical labor on the premises, you may also be entitled to file a mechanic's lein against the property. If you do, you have to be prepared to file a lawsuit to enforce it, however the... View More

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2 Answers | Asked in Traffic Tickets for California on
Q: can you serve a cr125 by mail san bernardino california

this is for a traffic citation from chp

Maurice Mandel II
Maurice Mandel II
answered on Dec 4, 2024

You know, I am looking at this form CR-125, It is a subpoena for appearance in court, and the proof of service says "I personally served a copy of this subpoena on...." followed by Date, time, place and the name of the person personally served. In plain English, a subpoena must be... View More

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2 Answers | Asked in Appeals / Appellate Law, Landlord - Tenant and Small Claims for California on
Q: As plaintiff, how do I prepare for an appellate hearing (small claims) in CA?

I filed a claim against my former landlord for failing to return my security deposit. The Court ruled in my favor, stating that the former landlord – who didn't appear at the original hearing – acted in bad faith.

The landlord filed a motion-to-vacate the Court’s ruling,... View More

Maurice Mandel II
Maurice Mandel II
answered on Dec 4, 2024

I think you misconstrue what your Appeal is about. A TIMELY Appeal from a Small Claims Judgment by a losing defendant usually results in a "trial de novo" this means a new trial, the same as if no prior trial had occurred. You seem to think this will be a trial about whether the LL was... View More

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2 Answers | Asked in Employment Law for California on
Q: Do I have the right to claim overtime compensation?

I work on a hospital here in Los Angeles as a part time employee on 12 hrs shift, 36 hrs a week. I've been with them for almost 14 years and that's been my work schedule from the very beginning. But my employer suddenly decided to change my work schedule to 8 hrs a shift, 40 hrs a week... View More

Maurice Mandel II
Maurice Mandel II
answered on Dec 4, 2024

Your rights are governed by 2 different things. first there are the laws, which are found in the wage orders for your type of job, located on the Labor Commissioner website. You may be WO 4 as a professional. In the wage orders there are special rules that apply to "Health Care Workers."... View More

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4 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Civil Rights for California on
Q: does anyone know of a contingency lawyer

i took my car to quick quack car wash and it damaged my license plate i was then given a business card to go somewhere to have it fixed which then the worker there added additional damage to my fenderliner and he said he may have done the damage but didnt want to fix it is there any lawyer that can... View More

Maurice Mandel II
Maurice Mandel II
answered on Dec 4, 2024

When your case is worth $2million, there are lots of contingency lawyers for you, but when your case is worth less than $2000 there are usually none. This is because many Attorneys charge more than $500 per hour and your case will take several hours to resolve. But, there is hope for you, it is... View More

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1 Answer | Asked in Employment Law for New York on
Q: Employment Contract sole provision ON SEVERANCE relates ONLY to waiver of claims

Contract sole provision is regarding severance : "Any severance payments will be

conditioned upon your execution and non-revocation of a release of claims in favor of the

Company and its affiliates in a form reasonably satisfactory to the Company"

Employer has... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

This ER has attorneys that drafted this GENERAL RELEASE "severance agreement." You need an attorney in your corner to tell you what you are potentially giving up in potential claims against the company, in exchange for the severance package. Are you giving up claims worth $10k for a $9k... View More

1 Answer | Asked in Employment Law for Arizona on
Q: I want to know if I have grounds to sue Walmart and for what.

I worked as a pharmacist for Walmart from October 2019 to March 2020. They hired me as a manager at a struggling store. I was told it was busy but not informed about the difficult technicians or how they had driven away previous pharmacists. My district manager, TZ, told me, “You’re their boss,... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

If you have anything, it is probably a defamation claim. The problem is the Board issued an action against you, presumably finding fault with your actions. Truth is an absolute defense to a defamation claim. Another potential problem that you mention is that this all happened 4 years ago. Statutes... View More

1 Answer | Asked in Employment Law for South Carolina on
Q: I have a former employer threatening to enforce a non-compete against me. What should I do in this situation?

I am writing to remind you that pursuant to the provisions of your Nexstar compensation plan you are bound to certain post-employment obligations as follows:

Through March 25, 2025, you may not, whether directly or indirectly, with or without compensation, enter into or engage in the... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

You really need to take all your documentation about this job and your agreement to a local attorney. The laws vary greatly from state to state about these non-compete agreements. In some states they are not enforceable against ordinary employees at all, in other states they are fully enforceable,... View More

1 Answer | Asked in Civil Litigation and Employment Law for Alabama on
Q: Can a contractor withhold a paycheck in alabama for personal debt to him from a 1099 employee if debt isnt from business

Vehicle was on monthly payment and was repossessed for 30 days behind , purchase was not linked to business contractor owned. Was told I wasn't fired or layed off but had to find a way to get to work

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

GA is always confusing. If you are a 1099, you are not an employee, you are an independent contractor and none of the employee protections apply to you. However, you may be misclassified as an IC by the employer, which can be a big financial benefit to them. They don't have to payroll... View More

1 Answer | Asked in Employment Law for Pennsylvania on
Q: I’ve been working for a company full time for over 20 years and they have never given me vacation pay or sick days.

The company I work for considers everybody part time but I easily work 40 to 50 hours a week. It’s a commission based per building and my portfolio used to be 200 buildings a month but now it’s 140 buildings a month since Covid hit. I constantly ask for vacation pay and they only gave it to me... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

Interesting situation, you could be covered by PA law or NY law or both. You would want to research which is more favorable. Check not only the wage laws/employee laws that provide that you are entitled to recover wages AND EXPENSES expended for the benefit of your employer, and you are entitled to... View More

1 Answer | Asked in Employment Law for Wisconsin on
Q: My mom has worked for 12 years routinely working over 80 hours a week but never receiving overtime pay.

My mom works for an in-home care facility for mentally disabled people, taking care of up to 9 people and the household, in Wisconsin. She typically works over 300 hours a month, and stays overnight while working as only one person works in the house at any time. She has worked for this place since... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

You should look at WI state agency for wage claims. https://dwd.wisconsin.gov/er/laborstandards/wageclaim.htm There is a 2 year statute of limitations for wage claims in WI, so your mom can recover 2 years of OT.

Some of the statutes also carry with them "liquidated damages"...
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1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: I was accused for criticism at work environment.My district manager met with me to discuss what was addressed to her

DM met with me on August 23.

My FMLA and disability leave on September 19th

I have not heard from The DM since

Can she terminate me while I’m on disability leave and FMLA

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

Most employees are "at will" meaning they can be terminated without cause or notice. However, if you are on FMLA leave, a presumption could arise that you were terminated in retaliation for taking that leave, which would be illegal. The employer can terminate you while on FMLA leave if... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Is it legal for my HR department to override my time clock for the day at work to make it seem as if I never arrived ?

I was recently terminated from my job. That morning I went to work and clocked in through an app on the phone , which we HAVE to be in the building to accomplish. After an hour of being there and working I was called to the office and fired . The company refused to let me go back in the building... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

If you are scheduled to work and you show up as scheduled, the employer is obligated to pay you. You could be entitled to a half day's pay as "show up pay." Check TX department of labor or search for TX wage laws. You can file a claim form. In direct response, no it is not legal for... View More

Q: I'm a teacher. While sick with Covid pneumonia, I was medically terminated for missing 1 day over 90. Was that legal?

I am a teacher in the state of SC. At the beginning of the 2021school year, I was sick with double Covid pneumonia. I used my days with the FBLA. The school district extended me 30 days but did tell me that if I missed 1 day over 90, I would be medically terminated and would have 5 days to appeal... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

When you have a medical condition that constitutes a physical disability, several laws apply to you, in addition to laws such as family leave acts (Federal and state). You may be protected by the Federal ADA and SC's equivalent disability protection laws. You should search for SC- employment... View More

2 Answers | Asked in Employment Law and Health Care Law for Nebraska on
Q: I have been working since July 23rd 2024 doing home Health Care and have yet to be paid
Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

NE has a state agency that handles wage claims- Nebraska Department of Labor- find them on internet. Under Federal and state laws, employees are entitled to wages for all hours worked. Most states require payment of hourly wages no less than twice a month, or it could be as frequently as by the... View More

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1 Answer | Asked in Employment Law for Kansas on
Q: Was I wrongfully terminated?

I put in my 2 week notice through email, on 9/16, to my boss, the VP and the owner but didn’t include the division boss as he runs the northern division and isn’t in our day to day activities in the Wichita division. I was just let go today from the division boss because he was upset I didn’t... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

In almost all states, your employment is "at will" which means that you can quit or be fired without cause or notice. Just because you give 2 weeks notice does not put you in a "safe harbor" period for the 2 weeks and you can still be terminated without cause or notice by the... View More

1 Answer | Asked in Employment Law and Personal Injury for District of Columbia on
Q: Hello, I own a delivery company with 15 plus vans in Northern VA. Employ over 50 people. In early August one of my

Drivers was involved in ann accident four hours after consuming a beer (caught on dash cam). Since it was deemed as minor accident at the time, my former employee went through the process of calling the cops and going through typical post accident protocol. He was not tested for alcohol at the... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

In your second post, you said this was a "former" employee. I responded to that with considerations regarding his continuing employment status. The dash cam video is important evidence because it is probably time stamped, be sure to keep it secure in case this whole thing blows up and... View More

2 Answers | Asked in Traffic Tickets for California on
Q: Can you still get your provisional license after you’ve gotten a traffic citation with your permit?

My 16 year old daughter was driving alone in the morning headed to school, and failed to stop for the school bus who was beginning to put their stop sign and flashing lights, the officer then pulled her over and only gave her a ticket for the school bus not for driving alone with a permit. But she... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

The law is not clear on what will happen because your daughter committed multiple violations. Until licensed, she is not allowed to drive alone, this is one of the laws she must learn, it applies to her no excuses, as all of the vehicle code applies to drivers. Of course the failure to stop for the... View More

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2 Answers | Asked in Car Accidents, Employment Law and Personal Injury for District of Columbia on
Q: Hello, one of my former employees was involved in a minor car accident during his work shift in company van.

Hello, on 8/4 one of my former employees was involved in a minor car accident during his work shift in company van. He was at fault as he was leaving where he was parked and bumped into another car that was coming up on his left hand side. Turns out he drank 1 beer 4 hours before accident occurred... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

I agree with Attorney Socci's analysis, but you have some other problems. You haven't said where he drank the beer, or whether the vehicle was moving (appears to have been drinking in vehicle b/c on dash cam video.) Virginia's vehicle code would probably prohibit drinking alcohol... View More

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