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Questions Answered by Raul Jauregui
1 Answer | Asked in Education Law for Wisconsin on
Q: Our school is refusing to allow our children with health issues to switch to a virtual model. Is this legal?

This is during a pandemic. The school is not screening students as they enter the building which has resulted in students being exposed to children who have tested positive. Our children and a household member suffer from autoimmune issues and one child is awaiting test results for leukemia.... Read more »

Raul Jauregui
Raul Jauregui answered on Oct 2, 2020

I'm very sorry to her of this situation which sounds dreadful, but, I hasten to add, I am not giving any kind of opinion.

I do think, from what little I discern just from this question, that if I was a parent in that situation it would seem to me that at the very least if my child...
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1 Answer | Asked in Civil Rights for Maryland on
Q: How can a group of student get a class actions started against a college for discrimination and retaliation?

There is a group of African American students who want to file a class action suite against the college, based on discrimination, and retaliation. When we speak out about any issues we have regarding grading, not registering us for class, etc. he either fails us, and does not go over the test with... Read more »

Raul Jauregui
Raul Jauregui answered on Sep 21, 2020

This sounds like a remarkable moment for that group of African American students to transform education at that school for them and for the next generations of students of color. When you say "class action" you imply getting a lawyer who has experience in race discrimination in... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: I had a conversation with my boss that he recorded without my knowledge. Can he legally do that?

He never asked my permission just told me that the conversation had been recorded then pulled out his phone and made a show of speaking into it and saying that this concludes this conversation at this time/place. At no time did I agree to this

Raul Jauregui
Raul Jauregui answered on Jul 16, 2020

What an interesting, and dangerous, situation. I am a Pennsylvania lawyer so nothing that I say here, beyond get an employment lawyer now, is legal advice. That said, Pennsylvania is the kind of state where both people need to agree to recordings. Here's the statute and you can read all... Read more »

2 Answers | Asked in Personal Injury and Education Law on
Q: Can a university ask students to sign a waiver (COVID) if not signing puts their registration on the line? (coercion?)

Our university has asked students to sign a waiver in order to return to campus in the fall. Those who sign the waiver relinquish their rights to sue the university or claim compensation if they get sick and/or die of COVID-19. Failure to sign the waiver means a student will have their student... Read more »

Raul Jauregui
Raul Jauregui answered on Jul 11, 2020

I represent college students in disciplinary matters so, by analogy, there's all kinds of attempts by the corporate personas now running higher ed, to get the students to pay the school as much as possible with the school doing as little as possible in return. This seems to be just one more... Read more »

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1 Answer | Asked in Education Law for California on
Q: Is a private flight University in California suppose to inform the students if there are any covid cases in the school?

As many student are concern here is that we know in our part 141 flight school is qurentining the student that have it might have the COVID19 in their room but no information are given out to the other healthy student so that we can be more aware ourself.

Myself and few other student are... Read more »

Raul Jauregui
Raul Jauregui answered on Jul 4, 2020

We considered something similar to that issue some time ago in this post which might guide your research. https://www.studentmisconduct.com/news/what-happens-if-i-tell-my-school-that-i-tested-positive-for-coronavirus-or-covid-19

2 Answers | Asked in Appeals / Appellate Law and Education Law for North Carolina on
Q: I am a student at college and they believe I have cheated on an assignment, should I plead guilty or take a hearing?

I was at university during the spring and once covid took over, I was online, it was difficult for me to resist the temptation to quickly get an answer. I tried my best to learn the material correctly but knowing I could just look it up made it difficult for me to learn properly. I blame covid... Read more »

Raul Jauregui
Raul Jauregui answered on Jun 28, 2020

I don't have a direct answer at all. But, just so you get a sense for how school staff treat students involved in disciplinary actions (these mostly deal with a spectrum of sexual behaviors) check out all that I regularly blog about. You may well come out with a view that whether or not you... Read more »

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1 Answer | Asked in Civil Litigation, Contracts and Education Law for Arizona on
Q: Do I have any legal recourse? My school publicized my personal and academic Information, SSN, photos, etc

My social security number, address, photos, transcripts, academic rank and deans letter we’re all accidentally made public through my school’s shared folders. I found out via a current student, and later received an apology from the Dean, as well as an assertion that the problem was fixed.... Read more »

Raul Jauregui
Raul Jauregui answered on Jun 23, 2020

I am sorry to learn of your situation. It seems to me the basic federal law for you to seek remedy is FERPA which you can find here, https://www2.ed.gov/policy/gen/guid/fpco/ferpa/students.html. There's also a mechanism for filing complaints here,... Read more »

1 Answer | Asked in Immigration Law and Sexual Harassment on
Q: My adult son-in-law was the victim of sexual imposition by my visa sponsor's CFO. Eligibility for U Visa?

My visa is currently sponsored by my employer. The CFO commited a crime against my son-in-law. This CFO is also our landlord (my son-in-law and my daughter live with me) and cuts my checks. However, I don't feel comfortable working for my current employer given that my son-in-law was... Read more »

Raul Jauregui
Raul Jauregui answered on Jun 12, 2020

You need a lawyer. Contact me directly if you'd like more information.

1 Answer | Asked in Employment Discrimination, Employment Law and Civil Rights for Illinois on
Q: I work in the restaurant industry. My boss has been extremely rude and vulgar to myself and my coworkers.

He has had some of my coworkers clean black mold, deep clean carpets for hours on end, worked construction within the restaurant in front of us. He drinks to the point where he is drunk and yells and screams at us consistently. Tonight he yelled at me for refusing to do another’s job when I was... Read more »

Raul Jauregui
Raul Jauregui answered on Jun 12, 2020

I'm very sorry to learn of your allegations and wish you good health. This is a matter that probably not just affects you but also your fellow employees. If this was happening in Pennsylvania, where I practice, I would immediately suggest that the employees band together with their... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New Hampshire on
Q: Been falsely accused at work of an affair with an employee based on an error in an expense report I approved.

I've always had a good report with my employees but now I'm worried they will start digging through emails and misconstrue funny / friendly IMs and Email. What should I do ?

Raul Jauregui
Raul Jauregui answered on Jun 11, 2020

welp, I don't think this is as much of a legal question as one of perception and general office culture well being. So my reaction would not be legal, but would be to look at the better examples of people who have first changed their office's culture and later, if the matter came up,... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Oklahoma on
Q: If you are fired for asking help from another employee. And have been targeted by your boss. Do you have a case?
Raul Jauregui
Raul Jauregui answered on Jun 11, 2020

It's difficult to answer this question on those facts and this answer is not an opinion just a reaction. From what I know of Pennsylvania law, there might be cases when asking for help is not a basis to sue. But you'd need to define "help for what" for his part. Same for... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can Walmart not pay me, worked there a few days, based on the details in the more information section of this question?

Hello all, this is probably a super specific and odd problem, but I figured I’d ask here and see where I get. I worked at Walmart for a few days, but got a call from an internship opportunity which I definitely had to take. My problem is that the person at Walmart I needed to verify my two forms... Read more »

Raul Jauregui
Raul Jauregui answered on Jun 11, 2020

It seems to me that Pennsylvania law is clear that anytime you work, particularly for a large employer like Walmart, you are entitled to some pay for that work. This assumes you were not volunteering there or at an unpaid internship. I would suggest making sure that Walmart actually has a record... Read more »

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