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Questions Answered by Maurice Mandel II
1 Answer | Asked in Employment Law, Civil Litigation and Juvenile Law for Arkansas on
Q: 16 yoa son attacked by juvenile coworker and his job did not fire other juvenile. Assaulted with weedeater.

My 16 yoa son works for a large christian camp weedeating and mowing. His coworkers who are juveniles keep haraasing him, which he has advised his supervisor. One attacked him with a weedeater and they did not fire that juvenile. Are they not wrong for not firing or reprimanding him? My son has... View More

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

Sorry to hear your sun endured this treatment. Employees are usually limited to worker's compensation benefits from on the job injuries. One exception is for the intentional physical assault by a co-worker. Then general negligence law kicks in. The employer can become civilly liable for... View More

1 Answer | Asked in Employment Law for Tennessee on
Q: My former employer is not paying my full time earned for my last month of work. Over $4,000. What can I do?
Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Under the Fair Labor Standards Act, employees are entitled to minimum wage for all hours worked, and may get double damages for non payment, plus other interest and penalties. Be sure to send a written demand for wages. You can contact the US dept of Labor or the Tenn. Labor commissioner. You... View More

1 Answer | Asked in Employment Law for Kansas on
Q: My employer is requiring me to travel for a conference. What travel time should be paid?

I will be traveling from KS to FL. It will be approximately 12-15 hours of travel time in 48 hours, in addition to an 8 hour conference. This is a required event. The first half of the trip will be during work hours, the second half after the conference will not be. How much of this travel time, if... View More

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

Well, in THEORY, the travel time is working time and your are entitled to be paid for it. In practice, the best thing for you to do is to discuss this with your employer beforehand and have an agreement as to how much you will be paid. Consider, how much would you have been paid if you were... View More

1 Answer | Asked in Employment Law for Connecticut on
Q: I'm a CA resident, live there & offsite/home based work. My employer is based in CT. Which state labor laws apply?
Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

You can certainly argue California labor laws apply. You are working in California. Remember, you are an at will employee, and if you make too much fuss, even if you are right, you can be terminated without any reason. Then you don't have a job but you may have a lawsuit. IMO having a job is... View More

1 Answer | Asked in Employment Law and Civil Rights for Alabama on
Q: Is it legal my husband's job put the workers into teams of two and now each teams hours are combined and split in half?

My husband works at a car dealership & he does get a certain amount an hour (I believe $20). He still actually gets paid per job he does (each job on a car is worth a specific amount of hours) so he gets paid $20 per hour for however many hours the specific job is worth. like say a car job he... View More

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

The Fair Labor Standards Act is federal law and very clear that an employee is entitled to be paid for all hours worked BY THEM. This "pooling" is illegal as you have described it. One of the members of the team is losing pay so the other team member receives pay. Husb. is not required... View More

1 Answer | Asked in Employment Law for South Carolina on
Q: I’m employed at a chain daycare. I put in for a transfer to another center. The new director keeps giving me a runaround
Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Sorry you are not getting your transfer promptly. You are considered an "at will" employee and can be terminated at any time with no reason needed, unless you have a written contract that says otherwise. If you make too much fuss about not being transferred promptly, you may be fired... View More

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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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2 Answers | Asked in Traffic Tickets for California on
Q: Do I need To pay off parking tickets if I move to another state?

I’m repossessing my car

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

Yes. Your license can be suspended, your car registration can be suspended. 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.

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: Could I lose my license over a speeding citation? I've never had any kind of traffic violation before and I'm 31.

Officer said he clocked me at 99 in a 70, but I wasn't doing over 85. Like I said I've never had any kind of traffic or speeding violations before.

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

In some states, your license can be suspended for 30 days for any kind of speeding violation. Not likely to be revoked.

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.

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