Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Maurice Mandel II
2 Answers | Asked in Employment Law for New Jersey on
Q: Is an employer allowed to make you take a day off without pay for no reason and refuse to let you work bc of a holiday?

I am on a “probation” period as all newer employees are, but it doesn’t seem right to refuse to pay you for a holiday, make you stay home, and not give you work if you asked so you can get paid 40 hours that week.

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

Welcome to the workforce. You will find that many situations are not favorable to the employee. The law provides you with certain guaranteed rights, like minimum wage, some states require a minimum amount of paid leave for illness. But most scheduling is up to your employer, and he sees the... View More

View More Answers

2 Answers | Asked in Personal Injury, Civil Rights, Health Care Law and Medical Malpractice for California on
Q: Found driver from hit-and-run 7 years later. Incident left me with permanent brain damage. What can be done?

Multiple requests for police report were either ignored, denied, or told couldnt locate. Finally 6 years later, right after s.o.l. is up, they find and provide it. Info in it helps me identify the driver, it also reveals that police failed to investigate, lied and contradicted themselves, and tried... View More

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

There is a legal concept called "tolling" under which the running of the statute of limitations may be suspended. The facts you have provided are on the borderline as to whether you could benefit from tolling. It is an equitable concept and you would need to prove all of what you are... View More

View More Answers

2 Answers | Asked in Landlord - Tenant for California on
Q: As a renter in California do I have the right to ask for hot water and pressure in my apt from the landlords?

It's an old 4 unit building with old pipes and a very small water heater for about 12 people in all. I have lived here 4 years. We are not allowed dishwashers or washing machines but I know the unit downstairs from me has both. They run them seemingly 24 hrs a day. I've complained many... View More

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

Per Cal. Civil Code 1941.1 and 1941.3 as well as sections of the Cal. Health & Safety Code, a residential unit in California must have properly working utilities in order to comply with the "habitability requirements" of the law. What that means to a tenant is that, if your apartment... View More

View More Answers

3 Answers | Asked in Business Law and Employment Law for California on
Q: Hello, Have been working on opening a restaurant for about 1 year with a friend who cut me out right before opening.

My friend secured The investor to fund 100%. Our verbal agreement was to open this restaurant using the investor as a lender and share 50/50. Now that we re ready to move forward, found the place, the chef etc… my “friend” cut me off, said he s the one bringing the investor and doesn’t need... View More

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

Sorry to hear that you were treated this way. You need to remember, your business deals are worth the paper they are written on. If you want to do a significant deal on a handshake, without spending a couple thousand dollars for an attorney to draw up a proper agreement for you, you will be left... View More

View More Answers

3 Answers | Asked in Landlord - Tenant for California on
Q: Roommate who wasn’t on signed lease didn’t pay rent so I gave him 3 day notice to move out. Is that legal?
Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

From your description, you are the landlord in relation to this sub-tenant. The law provides if you are renting a room in your house to ONE person (only), presumably on an Oral lease, and you need to evict them you can do so on an expedited basis with 7 days notice, and you can get him out by using... View More

View More Answers

3 Answers | Asked in Constitutional Law and Criminal Law for California on
Q: What if someone left a backpack in babymamas house with a pistol inside she turned into the police
Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

I must assume it is your gun. You are entitled to reclaim your property, however, be warned that the police might want to investigate whether you violated the law by leaving the weapon unsecured in a backpack. I believe that the law requires firearms to be in locked containers, like a locked... View More

View More Answers

2 Answers | Asked in Traffic Tickets for Pennsylvania on
Q: My friend and I got pulled over in my car and my friend was driving with a suspended license

So my sister and mom were in the hospital and I was in a distressed state and I own a manual 2003 mustang. I drove it for a little bit and couldn't focus and pulled over and had my friend drive and that's when my friend got pulled over by the cops.

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

I hope your mom and sister are doing better. Unfortunately the law doesn't say "you are required to have a valid license in order to drive; unless your family is in the hospital or you are in a distressed state." I am sure that you feel bad that your friend got this ticket. The... View More

View More Answers

2 Answers | Asked in Traffic Tickets for Oregon on
Q: Can I get my traffic ticket dismissed due to wrong vehicle information?

I got a traffic violation for going 46mph in a 30mph. Once I reviewed the ticket I noticed the vehicle information was incorrect the license plate says it’s from OR when the car actually has a Californian plate due to it being a rental. Is this enough to get my ticket dismissed ? How would I go... View More

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

A speeding ticket isn't going to be dismissed because it had the wrong state for the vehicle license. It could be evidence for your defense to question the credibility of the officer. I recommend you contact several attorneys in your area that practice this type of law, as soon as possible.... View More

View More Answers

2 Answers | Asked in Employment Law for Massachusetts on
Q: My boss/the owner of the restaurant I worked at slapped my hand out of frustration. What are my options?

I recently got a new job at a small business pizza place. The owner of the establishment was also my boss/supervisor, whathaveyou. He was training me and I accidentally messed up a customer's order. He struck my hand out of frustration and walked away after muttering something to me about not... View More

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

I agree with Mr. Frick: you also have the option of filing a small claims lawsuit against the manager for battery. You don't have to have medical expenses to get emotional distress damages, and a physical assault like this is outside the worker's comp system. I recommend you contact... View More

View More Answers

3 Answers | Asked in Criminal Law, DUI / DWI, Employment Law and Family Law for Florida on
Q: I have a criminal case where I was setup and I need a criminal defense attorney like a pro bono where can. I FIND ONE
Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

As my colleagues have stated, as a Criminal Defendant you are entitled to: 1. hire your own lawyer at your own expense; 2. have an attorney appointed by the court to defend you if you cannot afford to hire one (except in infractions or traffic matters- where your freedom is not at risk); or 3.... View More

View More Answers

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Does insurance rise with the ticket 39:3-4 - DRIVING OR PARKING UNREGISTERED MOTOR VEHICLE. Will The ticket be on record

I just bought a bike on Sunday… and was riding it in my streets to learn and get the hang of it. The bike had valid insurance, the title was signed I showed the officer the title as well. I literally told the officer that I recently got the bike and was not aware it needed to be registered before... View More

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

In Calif. these are "fix it tickets" and if you provide proof of registration by the time you go to court, it will be dismissed with a processing fee. Not usually a point count ticket, so unlikely to result in an increase in insurance premium, but I don't speak for the insurance... View More

View More Answers

2 Answers | Asked in Traffic Tickets for Georgia on
Q: Super speeder definition in Georgia

According to the georgia.gov website, super speeders are "drivers ticketed for traveling 75 mph or faster on a 2-lane road or 85 mph or faster on other roads or highways." If I was going 80 on a 45, which happened to be two lanes on either side of a median (4 lanes in total), is this a... View More

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

What chance no suspension? Not good at your age. I recommend you contact several attorneys in your area that practice this type of law, as soon as possible. Thank you for using Justia ask a lawyer. BTW 7,000 pedestrians were killed last year. You don't want to be that driver, you could be... View More

View More Answers

2 Answers | Asked in Traffic Tickets, Car Accidents and Civil Litigation for California on
Q: I just received a notice in the mail from DMV It says that my residence address has been requested and released pursuant

To vehicle code section 1808.22 what's that mean?

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

I think it means that someone thinks you hit them and want to bring a claim against you. Better contact your Ins co, and ask them if someone has made a claim. I recommend you contact several attorneys in your area that practice this type of law, as soon as possible. Thank you for using Justia ask... View More

View More Answers

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can my landlord rake me to court over accidentally damaging a tree while mowing?

I was mowing the yard at my rental property and accidentally damaged a small tree and is now dieing and my landlord threatened to take me to court. Even though we see each other multiple times out of the day he refuses to come to me directly with any issues or concerns but instead will go through... View More

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

The direct answer to your question is Yes, the LL can take you to court over property damage. The issue is whether you were negligent in damaging the tree while mowing. Other issues are: Who is responsible under the lease to maintain the property? Did LL provide you with any instructions about... View More

1 Answer | Asked in Employment Law and Civil Rights for Massachusetts on
Q: I was terminated from my job and made to sign a promissory note, do I have to pay it?

A few weeks ago I was terminated from my retail job of 4 yrs’ I was brought in the office to speak to LP. I was not even clear why I was there and had to ask 2times. They questioned me for 2 hours.they accused me of giving free merchandise to a customer by not scanning it. I don’tknow this... View More

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

Most states have laws preventing employers from recovering damages from employees/former employees for ordinary negligence. If you made an error in ringing up an item, you are not responsible to repay the employer for this. Being detained against your will for 2 hours by LP could be false... View More

1 Answer | Asked in Medical Malpractice and Civil Rights for South Carolina on
Q: My primary care provider asked me why am I donating plasma, I answered because of financial reasons. After the fact

I felt like my privacy was violated. It was none of her concern whether or not I'm doing it to Save a Life or for financial reasons. I had to go there because the Plasma Place needed my primary care physician needed to type up a letter saying what medication I am on and whether or not they... View More

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

You voluntarily responded to your PCP, so no privacy invasion, or HIPPA- which is improper disclosure to third persons. Malpractice? Probably not. Even if it was one of these violations, you probably do not have any significant damages that would be recognized as compensable in a Court of law. This... View More

1 Answer | Asked in Immigration Law and Personal Injury on
Q: My wife was a US citizen when I filed the petition, she passed away just days before my visa interview, what i do now?

we also have a 6 months child who is US citizen as well but in critical condition due to a car crash in which my wife (sponsor) passed away. my visa interview is just 2 weeks away, what should i do now?

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

Terribly sorry to hear about your wife's death and daughter's injury. IMMEDIATELY contact an immigration attorney for representation. Impossible to say what the ramifications are. This case arises under IMMIGRATION law. You need to discuss with an attorney in your jurisdiction that... View More

1 Answer | Asked in Employment Law for Oregon on
Q: Can my employer tell other employees that I failed a drug test?
Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

it would appear at first blush that this is an invasion of your right of privacy, public disclosure of private facts. It isn't slander if truth is a defense. If this was part of a medical procedure the employer required, this could also be a violation of HIPPA - confidentiality of medical... View More

1 Answer | Asked in Family Law for New Hampshire on
Q: Can I pick up my granddaughter she hasn’t been to school in over a year. Can I get her and go to the police from there?

She has not been in school for over a year and I want to go get her. Her father, I believe has been doing drugs and she’s been living in a truck for over a year. Can I go and get her then from there go to the police so I don’t have a kidnapping charge? I want her to come live up here with her... View More

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

Suggest that you contact the school authorities where she lives, first and they can advise you from there. You don't usually automatically obtain custody of a grandchild without a court proceeding for the protection of the child. This case arises under FAMILY/CHILD ABUSE law. You need to... View More

1 Answer | Asked in Traffic Tickets and Immigration Law for New Hampshire on
Q: Can I drive with my valid home country drivers license and passport in NH? Spouse of US citizen waiting for work permit.

I’m married to US citizen and filed for adjustment of status and employment authorization. At this point I have my I-797 receipt notice and have done the biometrics. My home country drivers license, passport and US visa are valid. Can I drive in the state of NH while I wait for my EAD?

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

Most states require you to obtain a state driver's license after being a resident for a particular time period, it could be 10 days to 6 weeks. Non-Citizens can have US state driver's licenses. This case arises under traffic ticket law. You need to discuss with an attorney in your... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.