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Questions Answered by Maurice Mandel II
2 Answers | Asked in Landlord - Tenant for California on
Q: less then 60 days notice

Landlord is selling place, he has an offer but the buyers want to move in our place. LL asked us verbally to be out by Dec 31. We have not given him an answer yet since its less then 60 days. He is pressuring us, and offered our security and 2500 to be out. We still have not agreed. Since this... View More

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

Sorry to hear that you are having this difficulty with your LL. 60 day notice is required for any tenant that has resided for over one year PLUS the LL is required to provide you with a moving allowance equal to one month's rent. Further, you are ENTITLED to a refund of your security deposit... View More

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4 Answers | Asked in Car Accidents and Gov & Administrative Law for California on
Q: How do we pursue a case against CHP in the San Bernardino mountains?

We were hit by a drunk driver but CHP did not perform a sobriety test. Instead the officer let him smoke a cigarette. The officer was told by locals that the man who hit us was “just weird” so he was let go. When we went to check our car at the tow yard his was there and filled with alcohol... View More

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

Your circumstances are irritating, most certainly, however, you are missing a point, that is, "Who caused you damage?" By the time the CHP got there, the accident had already occurred and the damages were already imposed on you, even if you had continuing treatment for PI damage. As a... View More

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1 Answer | Asked in Traffic Tickets for California on
Q: If a cop pulls you over and gives you a ticket for expired tags that you have to correct and show proof of then a month

Later a cop driving thru a business parking lot spots your tags and tows your vehicle .can they legally tow it when you have been getting car ready to be smogged with 4 or 5 hundred in recent receipts showing your trying to get it legal again ,but now the cars towed and all the "storage fees... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 1, 2023

Exasperating. Not clear what your question is, are you complaining that you were cited for expired tags when they were expired? It is a fix it ticket, $25 processing fee with proof of correction. But you cannot correct because your car was impounded, not really clear why, and you need to smog it.... View More

1 Answer | Asked in Real Estate Law for California on
Q: Can I put a lien on a property that is owned by someone that is deceased for 23 years for remodeling and upkeep of the p

Property

Maurice Mandel II
Maurice Mandel II
answered on Aug 1, 2023

Depends when the work was done and at whose request? Also if the work was in compliance with the licensing laws- work on real property must be done by a licensed contractor if it is over $600.00 in value. You should contact a real property attorney in your local areas soon as possible. Thanks for... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for California on
Q: Can an heir claim a property after 23 years with no will?
Maurice Mandel II
Maurice Mandel II
answered on Aug 1, 2023

That would depend on what has happened to the property in the last 23 years. Who paid the taxes? If it was sold at a tax lien, that was the time to assert your rights. IN whose name is the property now? Deceased people cannot own real property. You should consult with an attorney that handles... View More

2 Answers | Asked in Landlord - Tenant for California on
Q: Moved into an apt, washing machine has black mold. Can I take clothes to a laundry service and get cost reimbursement?

Moved into a townhome, place was not very clean but major problems are mold in the washer and fire door is warped and requires force to open. Manager still hasn't given us copies of a lease and refused to do an initial walkthrough when we first moved in.

Maurice Mandel II
Maurice Mandel II
answered on Aug 1, 2023

Do your won walk through with photos. Send the LL a notice re: repair and decuct to get the washer cleaned and repaired, and a notice that you will be deducting the cost of using a different cleaning facility and deducting that from the rent. You might want to ask for a complete replacement of the... View More

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1 Answer | Asked in Municipal Law for California on
Q: car that's been infront of my property for months I called to be junked I sighed what happens when owner calls to claim

The owner called tow truck company trying to get car back what happens now?

Maurice Mandel II
Maurice Mandel II
answered on Aug 1, 2023

Were the Police involved in the tow away? If so why did you have to sign? Usually cities have a 72 hour rule re: abandoning vehicles on the street, tow away after 72 hours. The police come out and mark the car then tow away after 72 hours. If that happened, no problem. Months is pretty... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: 10yrs + Owners need my 10x20 on end construction. Say $133 never increase if move storage. Now raising rent $35 and incr

Rented storage 10+ years, as a perfect tenant. Storage manager calls me with a proposal. The owners need my 10’x20’ storage because it’s on the end and they’re doing construction. The owners said that if I move my storage by next week, I can have a vacant 10’x30’ storage that is up the... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 1, 2023

Usually Oral contracts are just as enforceable as written ones if you can prove the terms. However, in storage rental, you usually have written agreements that say they cannot be modified unless in writing. You should make an appointment with a local attorney to discuss and show him all your... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Massachusetts on
Q: Can I sue my coworkers for bullying &/or harassment?

I, 21f, work for security overnight at a hotel in the Greater Boston area. I am the only female in my department and for almost three months the closet person to my age was still 20+ years. 2 weeks in ind. said the n-word twice and reported false information to our director regarding my... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 1, 2023

Short answer- yes, but there is no money in it. You need to file Gender/ Racial harassment complaints with the HR department. What they are doing is harassing you because you are female and black. This is prohibited under both Federal and state law. By filing a formal, detailed complaint, you... View More

1 Answer | Asked in Employment Law on
Q: Can my employer withhold my bonus even though I was and am currently employed and everyone else got it paid out to them?

We were promised a bonus for staying employed for 6 months with our company January 1,2023- June 30th, 2023 and mine is being withheld because I had an incident on July 8, 2023 and everyone that stayed got their bonus paid out on July 21, 2023 except for me. I am currently employed with the company... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 1, 2023

From your description, this appears to be a breach of contract, of course you don't say what the "incident" was. If it was severe enough to warrant your termination, the employer may have justification, but you are still employed, so it cannot be that bad, can it? You should discuss... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Missouri on
Q: Had to get a new prosthetic it took 4 weeks. When I told my manager I could work again he hired someone.

So when I finally received my new prosthetic my boss told me he couldn't wait and had to hire someone else. He told let's play it by ear and that he might be able to get me a couple nights at the door. I was working 5 days a week in the kitchen and the job I was doing was built around me... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 1, 2023

Multiple questions here. First possible discrimination by failing to provide a reasonable accommodation to a physically handicaped employee. Next, possible violation of the Family and Medical Leave act, if you were employed for over a year and worked over 1250 hours during that time. Finally, an... View More

1 Answer | Asked in Employment Law for Wisconsin on
Q: is it considered retaliation if i put my two weeks in at my job, then later i get fired ?

i was given a warning and i sign it, the next day i put in my two weeks, can a company fire me for putting in my two weeks ?

Maurice Mandel II
Maurice Mandel II
answered on Aug 1, 2023

In most states you are considered an "at will" employee, which means that you can quit or be terminated without any advance notice, and without any reason. Retaliation via an employment termination for giving 2 weeks notice of quitting, is not usually, by itself, a recognized form of... View More

2 Answers | Asked in Employment Law and Immigration Law on
Q: My Ex employer not giving me experience letter since he incorrectly says he is in loss because of me

In California, My Ex Employer is not issuing me experience letter.

My Ex employer says that - he paid me salaries when I was not billable for almost 3 months.

Yes he paid me, but I asked my ex employer to not to pay me if I am not billable. I have said that in emails, within 15... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 1, 2023

From your description, you must have been here on a special visa to be able to work as a foreign employee. Because of that you may have a special situation requireing the assistance of an immigration attorney. In normal circumstances, a California employer does not have to provide any employee... View More

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1 Answer | Asked in Employment Law for Illinois on
Q: Can an employer require me to attend meetings on my day off?

I am an exempt, salaried restaurant manager in Illinois. More and more we are being required to attend video meetings on our days off. I spent 3 hours of my last day off on video conferences. Is the employer allowed to mandate this on days off without compensatory time? Do they just own me... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 1, 2023

Federal and state laws require employers to compensate employees for time employed. "Employed" includes time you are permitted, allowed or required to work. "Suffered to work" is another phrase used. If these are "required" meetings, then the employer is obligated to... View More

1 Answer | Asked in Employment Law and Libel & Slander for Maryland on
Q: Can my former employer share my wage garnishment with customer and employees?

My former employer received a wage garnishment on me from a past debt. She is actually handing it to customers and employees talking badly on me.

3 customers and 2 employees have come to me about this. I am so embarrassed.

Maurice Mandel II
Maurice Mandel II
answered on Aug 1, 2023

You should speak with a local attorney that practices in this jurisdiction. Many states have confidentiality rules with respect to wage garnishments, and these are not public documents, others are different. Whichever, these are clearly being revealed for the purpose of negatively impacting your... View More

1 Answer | Asked in Employment Law for Florida on
Q: I have been working as a 1099 employee for over a year, but I should be a w2 employee. Form SS-8 is what I was told >

I should fill out to make this determination. I am not sure if my employer can retaliate if I fill out this form to make this determination. What is the best route I could take in this situation? Is there a way I can try and avoid retaliation? I live in Florida.

Maurice Mandel II
Maurice Mandel II
answered on Aug 1, 2023

Many employers deliberately misclassify employees as independent contractors, that way the employer can avoid paying their share of Federal and State employment and uninsurance taxes. You need to discuss with a local FL attorney about your rights, you may have other types of violations- improper... View More

1 Answer | Asked in Employment Law for Texas on
Q: Temp agency told me to be at my new job at 7 I was fired 2nd day for being late by supervisor who said it was 630.

I have it in writing from the temp agency to be there at 7 and I only heard from the supervisor that it was supposed to be 630 after he fired me. What can I do? I dont feel like this is right at all.

Maurice Mandel II
Maurice Mandel II
answered on Aug 1, 2023

Very sorry to hear that you were treated this way. The Temp Agency created this problem for you, you should ask them to straighten it out. If you cannot go back to work at the former company, ask the temp agency to provide you a new placement on a priority basis, without a charge to you. You... View More

3 Answers | Asked in Employment Law for California on
Q: Is there a statute of limitations on either reimbursements or back pay from an employer?

I was a volunteer then an employee w/ a religious/spiritual nonprofit from 2017-2021. Between 2017 and 2019 I put approx $2000 of purchases for the organization on my personal credit card. I neglected at the time to ask for reimbursements. It's all documented. They say a statute of limitations... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 1, 2023

Unfortunate that you neglected to assert your rights in a timely manner. $2000 is a lot for an employee to be gifting to the employer. However, in addition to the theories listed you may be able to avail yourself of a 4 year statute of limitations, which again, only reaches back to August 2019,... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: what is a lawful tenent

i was rented an apt in a bldg that is on the dangerous bldg list

Maurice Mandel II
Maurice Mandel II
answered on Aug 1, 2023

Sacramento has some pretty strict rules about neglected buildings. If left vacant for too long (30 days!) the building can be cited and put on the dangerous building list. If you rented this and have a written rental agreement, you may be legally entitled to occupy this, but depending on why the... View More

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4 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I have many items that my employer is in the wrong, first thing is i have been mislabeled as an independent contractor,

Unpaid wages, unpaid mileage, and discriminated against. About 2 weeks ago the owners came and made changes, and since then I have been the only employee who has not worked, they have even hired new people. Also I was the only female maintenence worker, now only the males employee have been put... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 1, 2023

I agree with my colleagues let me stress YOU HAVE RECOGNIZABLE CLAIMS AGAINST YOUR (FORMER?) EMPLOYER. Do not be afraid to bring them. It sounds like they misclassified you as an IC and have terminated you for a number of different and unlawful reasons. The value of the case may depend in part on... View More

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