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Questions Answered by Maurice Mandel II
3 Answers | Asked in Employment Law for California on
Q: can a person be demoted/salary cut after 1 month because the employer misread her resume?
Maurice Mandel II
Maurice Mandel II
answered on Jul 12, 2023

If the employer misrepresented the conditions of employment to cause you to move into California, they may have violated Labor Code 970. 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 Traffic Tickets for New York on
Q: If New Jersey suspends my New York Driver's license would New York do anything about it
Maurice Mandel II
Maurice Mandel II
answered on Jul 12, 2023

If you have a DL issued by NJ, and it is suspended, you cannot drive in NY. 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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4 Answers | Asked in Insurance Bad Faith and Personal Injury for California on
Q: Can insurance company deny to pay medical bills baed on reasonable and customary fees?

I got injured in an auto accident from other driver. His insurance company doesn't want to pay my entire medical bills only a portion of it. There reason is that they owe only reasonable and customary fees. They say that medical bills are unreasonable and "inflated." It seems like... View More

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

Hope you are doing better. You need a personal injury attorney. This is how insurance companies operate and they take advantage of you if you are representing yourself. 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 Criminal Law and Domestic Violence for California on
Q: I was charged with second degree burglary, bailed out, I've had police reports made against me is that an enhancement?

While being on bail I've had a few police reports made against me and one stay away order wich they never showed to court to make long term restraining order.yet I've had zero police contact or interaction would that be an enhancement of my bail and can I be held on no bail when I appear... View More

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

First, nothing you are told on this site is binding on the government. If you think you have a criminal law problem, you need an attorney, the last thing to do is represent yourself and decide to get an attorney after you are sentenced to jail. You should contact an attorney practicing in this... View More

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1 Answer | Asked in Small Claims for Alaska on
Q: I had lost peace of luggage that Alaska Airlines FedExed to me and FedEx delivered it to the wrong address who is respon

who is responsible for reimbursing

me for the contents

Maurice Mandel II
Maurice Mandel II
answered on Jul 11, 2023

Depends on whether FedEx was given the right address by Alaska. They may both be responsible. Sorry to hear you lost your luggage, air travel is stressful enough without losing luggage these days. You might consider contacting FedEx to see what their claim procedure is, if not satisfied, consider... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Colorado on
Q: In a Colorado civil case, can the court rule ex parte on a motion for extension of time to file response to discovery?

Opposing counsel filed motion for extension of time on Friday evening. It states that I am opposed to the motion. I found his email with his motion Saturday evening; I filed my response Monday evening with the court and opposing counsel. He advised me that the court had already granted his motion... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 11, 2023

An Ex Parte application is basically a motion with shortened notice to the opposing side. You are usually told exactly the date, time and place where the motion will be heard by the Court so you can go there, personally or remotely, to present your opposition. You can search for the rule on google... View More

2 Answers | Asked in Probate for Tennessee on
Q: Hi, my name is Crystal and I just lost my father on May 25th. And was needing information about an instrument/document

My brother is wanting me and my other oldest brother to sign an instrument and I'm not sure what it means. Remind you this brother has been extremely rude and has left very disturbing messages to me and my oldest. He is wanting everything or nothing pretty much and I feel as if it should be... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 11, 2023

Very sorry to hear of your loss and your brother's behavior at this time. You really need to contact a PROBATE LAW attorney in your area right away, particularly if your father had any substantial assets like a house. Justia really isn't a place to get legal services, there are many... View More

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1 Answer | Asked in Contracts and Landlord - Tenant for Washington on
Q: Am I required to pay the full month's rent if I only lived in the unit for 14 days at the property manager's request?

Am I required to pay the full monthly rent if I only lived in the unit for 14 days? I requested to get my bathroom/kitchen vinyl replaced & the contractors discovered mold underneath the vinyl. I was asked to leave my apt during repairs which last 16 days. I was not aware of any leakage but my... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 10, 2023

Argghh! The leaky toilet seal case. Toilets sit on a "Wax ring" that seal the flow between the toilet and the sewer pipe. if it becomes dislodged or there is some other problem, there will be a leak into the floor that you don't always see, it goes into the floor under the ring. If... View More

1 Answer | Asked in Contracts for Wisconsin on
Q: Do all parties who signed the original contract have to sign a replacement contract in Wisconsin to be valid
Maurice Mandel II
Maurice Mandel II
answered on Jul 10, 2023

It Depends. (typical lawyer answer) It depends on what the contract says about modifications, does it require all parties to sign in order to modify? You have to read the contract because the terms will control modifications or extensions. If people don't sign, you cannot bind them to it.... View More

1 Answer | Asked in Collections and Traffic Tickets for Washington on
Q: A collection agency is asking me to pay a traffic fine from Italy in 2017. Do I need to pay this?
Maurice Mandel II
Maurice Mandel II
answered on Jul 10, 2023

Did you get a ticket in Italy in 2017 for driving? This sounds like a possible scam. Be very wary of this "agency" research them on the internet before you give them any money. The other question is "do you plan to return to Italy?" The Italian Highway Patrol (or whatever... View More

2 Answers | Asked in Employment Discrimination, Employment Law and Health Care Law for Ohio on
Q: Hipa Law discrimination

put on a Safety Hold due to medical reasons . I am a Truck Driver

Maurice Mandel II
Maurice Mandel II
answered on Jul 10, 2023

Your medical condition could constitute a physical disability for which you are entitled to a reasonable accommodation. HOWEVER- the employer does not have to accommodate the condition if you remain a danger to yourself or others, with or without the accommodation. Blind people cannot be... View More

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1 Answer | Asked in Employment Law and Business Law for Tennessee on
Q: i got in trouble for a conversation I had in the break room. I never consented to recording. Is that illegal?

I was having a conversation with some coworkers about our bosses. The convo was heated, and all the employees were upset. We all got called out and in trouble for talking bad, but the only way they knew was from the camera recording in the corner. There was no consent i signed to be audio... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 10, 2023

Video or audio taping of a person without their knowledge or consent can be "wiretapping," and it is illegal in most states. The issue is are there any warning signs at the workplace that advise you there is taping or are security cameras in place? If so, you have been provided warning.... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: Does Massachusetts define Protected Concerted Activity for private sector employees?

Massachusetts has MGL that defines Protected Concerted Activity for Public Employees, but there is no mention of private sector employees. Are there laws that protect private sector employees in Massachusetts? Or is the only private sector protection at the Federal level(NLRB)?

Maurice Mandel II
Maurice Mandel II
answered on Jul 10, 2023

Usually this type of law addresses protection from GOVERNMENT ACTION based on assertion of constitutional rights, or it could be UNION action. (NLRB) If you are a public sector employee, your employer is the government, which is why they have these laws. For private sector employees, the employer... View More

3 Answers | Asked in Health Care Law for California on
Q: Would it be good ok for a hospital to to not except you knowing you have inflamed and swollen appendix and tell you

To come back in 2 days

Maurice Mandel II
Maurice Mandel II
answered on Jul 10, 2023

I hope you are doing ok. Your question comes under the category of Medical Malpractice / hospital malpractice. but it is difficult to determine just what your rights were because there isn't enough information. There is a very short time period to bring a lawsuit, so you need to contact an... View More

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2 Answers | Asked in Family Law, Landlord - Tenant and Probate for California on
Q: Hi, I have a question. My friend, a home owner, wants to sell his home, but his children demand money from the sale.

Hi, good afternoon, I have this friend who owns a home. His wife passed away recently. Now he wants to sell his home but his children (2, male and female, both working, older adults) have told him if he sells they want a share of the sale proceeds. Both children live in his house without paying... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 10, 2023

There is an old saying: "you can choose your friends but not your family." Your friend is not required to give the children a part of the sale proceeds for the home, UNLESS the wife left a Will granting the children her share of the community property in the house. If the man owns the... View More

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2 Answers | Asked in Employment Law for California on
Q: 2 supervisors had the same position 1 gets promotion at after 2 year gets demoted to senior supervisor who has seniorit
Maurice Mandel II
Maurice Mandel II
answered on Jul 10, 2023

It would depend on what your employment contract, and the company policies provide. If you are not union, you are an at will employee and you may not have any seniority rights. Contact an employment law attorney to discuss and have him review your documents. Thanks for using Justia ask a lawyer.

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2 Answers | Asked in Employment Law for Ohio on
Q: Is this considered workplace retaliation?

I went to my Union Rep and complained about my Supervisor. My Supervisor ended up finding out and canceled my overtime that he specifically said I could work. Is this retaliation?

Maurice Mandel II
Maurice Mandel II
answered on Jul 10, 2023

Sometimes this makes you wonder who your Union is representing, doesn't it. Unfortunately, since you are represented by a Union, they are your exclusive representatives under the NLRA. You could file an unfair practices claim with them, or file a grievance with your union over the OT.... View More

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1 Answer | Asked in Cannabis & Marijuana Law and DUI / DWI for Georgia on
Q: i got a DUI/ marijuana i wqs parked engine turned off and keys not in the ignition what was his probable cause?

he stated that someone called in and said that i look intoxicated. i he gets me out of my vehicle but i refused the field sobriety test, breath test and blood test. there was no drugs in my possession but he still arrested me. with that said he also did not take my drivers license nor did he... View More

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

You need an attorney to represent you. 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.

2 Answers | Asked in Criminal Law and Personal Injury for New York on
Q: My mother was assaulted by someone a few months back. She cursed at a driver who the pulled over and assaulted her

tonight I was walking home and the culprits have reappeared and parked the car in question down the street. Her wrist has been injured since she was shoved and pushed to the ground by the female drive who exclaimed : Who's the b**** now!!! hahah and drove off.

Being a new yorker... View More

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

Your mother was subjected to a hit and run, sorry. Usually these cannot be pursued because the car and driver cannot be identified. You can file a "late" police report about the hit and run if you now have information about the vehicle and possibly the driver. They are subject to civil... View More

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: Yesterday I got pulled over and took to jail for speeding and passing in a no passing zone 82 in a 55

This cop is the only one that bothers me he's pulled me over multiple. Times he left me in the back of patrol car for 30 min with no air or window down and he turned from I could take u to jail to get out the car u going to jail cause I said I'm going check my phone to see if my GPS was... View More

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

Passing in a "no passing zone" and going 82 in a 55 mph posted zone are traffic infractions. You can hire a traffic ticket attorney to represent you. The cop that is "bothering" you is probably assigned to patrol that area for traffic violations, which you admit you are... View More

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