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Questions Answered by Maurice Mandel II
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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1 Answer | Asked in Criminal Law for California on
Q: My brother was caught with ammunition he has 2 strikes on his record but he’s also diagnosed schizophrenic fears 4 life

With him being a schizophrenic and thinking everyone was trying to kill him he’s also a crystal meth addict he found the ammunition n kept it for protection but he had no firearm he had a paintball gun… he was just accepted to a rehab program in San Bernardino county what can we do so he can... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 28, 2023

If your brother is charged with a crime or a parole violation, he needs legal representation. He may be entitled to the services of the Public Defender's offices or he will need to hire a private attorney to represent you. Cannot answer these specific questions posted here with out full... View More

2 Answers | Asked in Employment Law for California on
Q: I had bi-polar and I had told my employee verbally with Dr's notes before and after termination, but still terminated

I had bipolar and I had told my employee verbally with Dr's notes before and after termination, but still terminated.

I just could not find the email that could keep the communication words " I had bipolar" on paper though only Dr's accommodations leave both before and... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 28, 2023

Both Federal and California laws protect employees who have physical or mental disabilities who can still perform the essential functions of the job. These cases always involve problems of proof. You can file a claim with the DFEH and they may investigate, however, you best chance is to find a... View More

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2 Answers | Asked in Municipal Law for California on
Q: I had a tree removed and the park charged half of the bill. What can I do to get back the money they charged me ?

The tree removal service that removed the tree deemed it dangerous and affecting my home fondation.

The bill was $1000.00 and the park charged me half $500.00

If I read the law and understand it, I should have not had to pay half of the bill Park should have paid the full bill.

Maurice Mandel II
Maurice Mandel II
answered on Jul 28, 2023

Thanks for your submission. Unclear why the park charged you to remove the tree, or which law (remember there are many, many, many books of laws- you need to point out which one you found) you are referring to. You should take all the documentation to a local attorney for a consultation. The... View More

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2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for California on
Q: We need to know our options.

Worker was paid cash, he fell off ladder and hurt himself. Went to the hospital he told them he was hurt at home ( this was about sept oct 2022). As a result of injury he can no longer work. What is the consequence of 1. turning into insurance now, 2. giving him some cash or 3 ?? I think he is... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 28, 2023

There may also be an issue of whether he was entitled to have you provide worker's compensation coverage. You probably thought that he was an independent contractor but the law may see it differently. Payment without any written settlement agreement and release could be bad for you later, if... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: What can I do in defense of a property owner promising me the property if I clear it and now is trying to evict me

I've been on the property for 2 years I was told to clear the property and protect it from transit from living on it and in exchange I would be able to rent to own it. Now she's trying to evict me without payment or property what can I do in defense

Maurice Mandel II
Maurice Mandel II
answered on Jul 28, 2023

You should also consider that the owner of the property may owe you wages for the time that you worked on the property. You can file a claim with the Labor Commissioner, and recover wages for the prior 3 years, along with substantial penalties, liquidated damages doubling the unpaid wages, etc.... View More

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3 Answers | Asked in Estate Planning and Probate for California on
Q: Does a person have to fill out a form to give away their cut of an estate?

When my mother died, my older brother did not want anything to do with her estate because 1:he did not like or want anything to do with her and 2: she didn't have much. He told me to go ahead and sign for her bank account and anything else it's all mine. So now I am due an inheritance... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 28, 2023

If mom died before grandfather, she cannot inherit from him, only live people inherit. The issue is what does Grandfather's estate plan say. If Grandfather left property to you mom "or her heirs." you and brother could be inheriting directly from grandfather, and his waiver may... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Regarding unpaid wages, is the labor commission office my only option?

I was hired and worked few days & allegations of drug use came up.I believe my employer took the fact that I’m on formal probation as a way to not pay me thinking, I wouldn’t do anything out of fear. fast forward. She is blowing up my phone & acting like my best friend cuz this week we... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 28, 2023

Sorry to hear you are being treated this way. I have practiced this kind of law for over 35 years. You are ENTITLED to have an attorney represent you at the labor commissioner, but you are responsible to pay the attorney, or you can represent yourself. The reason to have an attorney is that a... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Hello, I have a friend who is now blind due to eye surgery and seek legal recourse in order to regain his sight

he has been dealing with the eye doctor who messed up his sight for over a year the Dr. tells him he can fix it that it just takes time to do it. all my friend wants is his eye sight back he doesn't care about money or malpractice he just wants to see again, I believe the Dr, is just jacking... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 28, 2023

A medical malpractice claim has a very limited time in which an action may be brought in Superior Court. There are also requirements that a warning letter be sent beforehand. Whether your friend wants a lawsuit or not, he needs to consult with a medical malpractice attorney in your local area,... View More

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1 Answer | Asked in Criminal Law, Traffic Tickets and Municipal Law for Texas on
Q: I was coerced by a judge into taking a plea on a charge.

I was arrested and had to post over $720 in bonds to get out jail for 2 no registration tickets and a disorderly conduct ticket. One no registration ticket I was guilty of. The other was dismissed. The disorderly conduct ticket was issued to me by a police officer that was not at the scene when... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 12, 2023

The "mediation" with the prosecutor is not a trial, you are not entitled to confront your accuser, therefore your rights were not violated. You were entitled to be represented by Counsel at that proceeding, did you have a PD? Private attorney? Why not? You need to speak with a criminal... View More

1 Answer | Asked in Traffic Tickets for Ohio on
Q: I was stoped by OHIO SHRF Dpt for speeding and ficticious tags...impounded after refusing search..i If anything is fin

Illegal is found. After an invetory search after I've already been given a ticket. What are the rare Ramafications of that?

Maurice Mandel II
Maurice Mandel II
answered on Jul 12, 2023

Your impounded car is now in the custody of law enforcement and can be searched. If they find illegal contraband, you can be charged.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Given a citation in Georgia for left lane pass in a semi truck was wondering if I could fight it given the details.

I was driving a semi truck and was avoiding a truck doing probably 45 in the middle lane in a 70 my right lane was not available. The officer said my right lane was open but I don’t know how he could determine that he was driving in the left lane at least a half mile behind me. Also he did a... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 12, 2023

Hire an attorney that specializes in traffic tickets. Look for them here or search on Google. You should contact an attorney practicing in this area of law right away. Thank you for using Justia ask a lawyer.

1 Answer | Asked in Traffic Tickets for Arizona on
Q: I have court tomorrow for a traffic citation and I’m out of town. What should I do?

I have court tomorrow for a traffic citation (unsafe lane change) I request a continuance last week and haven’t heard back. I am currently unable to make it to court tomorrow because I am out of town for work. I’ve called the court and the city clerks they both said they can’t do anything and... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 12, 2023

Call in the morning about 10 minutes before your appearance time. Check the court's website for the courtroom that you are assigned to and be sure that you are speaking with that courtroom's clerk. Is isn't a city clerk, it is a courtroom clerk. Or hire a traffic ticket attorney.... View More

2 Answers | Asked in Landlord - Tenant for California on
Q: Can my landlord make a change to the parking agreement different from the lease?

Beginning July 18th 2023 we will be implementing a new parking permit program for each assigned spot in the underground garages. This program is a pass that is required to be on the dash or hanging on your rearview mirror while parked in your assigned spot. You can interchange it between cars as... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 12, 2023

It depends what the lease says. This seems to be a reasonable security program to protect you and the other tenants. You should contact an attorney practicing in this area of law right away. Thank you for using Justia ask a lawyer.

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2 Answers | Asked in Car Accidents on
Q: Should a person plead no contest or guilty when leaving the scene of an accident in a parking lot, with no injuries?

Law enforcement was notified later that day. My son met with the owner the next day and insurance has covered the repairs. He was cited by the junior college police and is now facing misdemeanor charges. Should he get a lawyer?

Maurice Mandel II
Maurice Mandel II
answered on Jul 12, 2023

A misdemeanor is nothing to be casual about. It is not an infraction, which is what most tickets are. Your son should definitely retain a criminal law attorney in Texas. Thank you for using Justia ask a lawyer.

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3 Answers | Asked in Foreclosure, Landlord - Tenant and Small Claims for California on
Q: Am I entitled to my portion of the money given to move out?

While living in a home that goes into foreclosure as a tenant with the home owner who also resides in the home we were given the “cash for keys” option. The owner had the parties residing here sign the agreement that when accepted gave the homes occupants (3in total) 15,000 dollars to aid in... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 12, 2023

It depends on the agreement that you signed, whether you are entitled to that money. I would think you are at least entitled to your statutory move out allowance of 30 day's rent if you were there more than 1 year. You should have contacted an attorney before signing any significant agreement,... View More

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3 Answers | Asked in Employment Discrimination, Employment Law and Libel & Slander for California on
Q: Coworker published fake review about me on yelp, employer knows it’s her but won’t do anything because has no proof

One of my coworker was recently hired. She’s the wife of one of the supervisor, no work experience no knowledge of language. She was hired for my same job, and given one of my best shifts. After she created a multitude of problems with customers and coworkers, employer reduced her shifts to only... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 12, 2023

It sounds like your employer is retaliating against you for reporting sexual harassment by your co worker. This is prohibited by law. You should contact the Department of Fair Employment and Housing and you can submit a complaint with them over the internet, or have an employment law attorney do it... View More

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3 Answers | Asked in Employment Law for California on
Q: In the work place, can inappropriate comments on social media by customers count as a hostile work environment?

I contribute to the company's social media accounts and will occasionally see inappropriate comments on our social media pages and in our private Facebook group. Some comments are sexist or sexual in nature, and make me uncomfortable. My boss does nothing to curb this conduct from customers.... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 12, 2023

There have been many recent cases about just this kind of situation, and the employer is required to prevent a sexually hostile environment that is pervasive or severe. You should contact an attorney practicing in this area of law right away. Thank you for using Justia ask a lawyer.

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3 Answers | Asked in Traffic Tickets for California on
Q: making a left turn to leave coronado ,car in front wasn't going.made left got 22107 21650 21460 for one mistake. Why ?

cars were honking, I guess person in front wanted to teach a lesson. I waited a minute then cut behind him and made my left . Cop was just waiting. Said he does it all day.Said he could have charged me for 4 counts. He charged for three. Why so many for one mistake? should I go to court and explain... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 12, 2023

Traffic citations often have multiple counts, but not usually for exactly the same offense. For instance, if you are solo in the car pool lane, that is one offense; if you crossed the double white lines to get into the lane, that is a second offense. You can be charged with both. You should appear... View More

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3 Answers | Asked in Employment Law for California on
Q: Manager erred when offering me a position

My new employer erred and did not confirm if I was barred. I accepted a position and moved to Los Angeles based on interviews in which I stated my status was ‘bar pending’ as well as stated that on my resume. I was not asked, and, never provided a license number. My manager is insinuating that... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 12, 2023

What do you mean "barred?" You mean restricted from performing that kind of work? If you cannot perform the work because of a court restriction or an absence of license, you may have some problems. However, there is Labor Code 970 that prohibits an employer from inducing you to move... View More

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