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Questions Answered by Mr. Andrew T. Bodoh
1 Answer | Asked in Employment Law for Virginia on
Q: My employer has not pay the employees in 7 weeks...how we get our back money. We are still working in hope to geting pd
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Apr 2, 2013

Failure to pay minimum wage to employees may constitutes a violation of federal law that gives the employee the right to sue, permitting them to recover their back pay and attorney fees at least. These things may also be worked out without a suit.

1 Answer | Asked in Employment Law for Virginia on
Q: Can employee be fired(performance) even though they complained to HR and asked for assistance; HR no response

Can employer (government agency) fire an employee for misconduct of work/poor work performance when the employee had been filing complaints to HR about supervisor harassment and unethical behavior while also stating that supervisor behavior was affecting work performance and causing mental... View More

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Mar 12, 2013

One would need more details to answer this question. There are limited claims one can bring against an employer for unlawful termination, and the nature of the harassment and unethical behavior may well be essential in this case. Additionally, there are very strict and rapid time limitations for... View More

1 Answer | Asked in Employment Law for Virginia on
Q: Can I sue my employer for intentional infliction of emotional distress. I filed complaints of unethical behavior
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Mar 12, 2013

Intentional infliction of emotional distress is a difficult claim to sustain in Virginia. One must show:

1.The wrongdoer’s conduct was intentional or reckless;

2.The conduct was outrageous and intolerable in that it offends against generally accepted standards of decency and...
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1 Answer | Asked in Employment Law for Virginia on
Q: My past employer owes me over $1,300.00 for loss wages and refuses to pay since I was let go. What am I entitled to?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Feb 16, 2013

Depending on the circumstances, you may be entitled to the back pay, some additional damages, and attorney fees.

1 Answer | Asked in Employment Law for Virginia on
Q: HOW DO I FILE MOTION FOR CIRCUIT COURT TO HEAR GRIEVABILITY COMPLAINT ON PERSONNEL ISSUE DETERMINED NONGRIEVABLE BY MGMT
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jan 8, 2013

Depending on the issue, you may or may not have recourse to the Circuit Court. You will almost certainly have to sue to put it in front of the Circuit Court. You would need to talk to an attorney to determine your rights. Be aware, however, that lawsuits are risky investments. In simple matters,... View More

1 Answer | Asked in Employment Law for Virginia on
Q: I am trying to sue my former boss and she lives in another state. Do I have to be in the same state to in order to file?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jan 5, 2013

No, but you will still need valid service upon her and you need to make sure that you can sue her in Virginia courts-otherwise a judgement may be null and void.

1 Answer | Asked in Civil Rights for Virginia on
Q: My son who is deaf got tackled from behind by 3 cops. And now he has a broken arm which required surgery

Do we have a case?

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jan 5, 2013

This depends on why the officers tackled your son. It is important to act promptly in these kind of cases to preserve as much information as possible.

1 Answer | Asked in Car Accidents for Virginia on
Q: My brother drove my car without permission and crashed it into a light pole. No insurance. Who's liable: me or him?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jan 5, 2013

Depending on the circumstance, you or he or both could be liable for the damage caused, though he may be liable to you for the damage to the car.

1 Answer | Asked in Car Accidents for Virginia on
Q: What kind of lawyer handles civilian/commercial auto accidents? The commercial driver is @ fault & my car's been totaled
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jan 5, 2013

A personal injury attorney. If you intend to hire one, it is best to do so promptly after the accident to preserve the full value of your claim.

1 Answer | Asked in Civil Rights for Virginia on
Q: What do you do when you have a family in jail and is treated badly by the deputies
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jan 5, 2013

You consider talking to a civil rights attorneys. In Virginia, claims on behalf of prisoners can be difficult and very expensive. Unless there is a blatant legal wrong or a very serious injury, these cases are often cost prohibitive to families.

1 Answer | Asked in Employment Law for Virginia on
Q: Is there any protection for a health care volunteer doing clerical job fired under false accusation?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jan 5, 2013

This depends. Virginia is an at-will employment state, meaning that generally you could be fired for no reason, good reason, or bad reason. That said, federal law prohibits employment discrimination on the basis of race, sex, etc. If you were really fired on one of those grounds, you may have a... View More

1 Answer | Asked in Family Law for Virginia on
Q: Does the property of a deceased person go to the ex-spouse if there is no will?

A woman is killed by her ex-spouse. When that woman's mother went to the bank to close her account, the back said that she had no rights, that the property belong to the exspouse.

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jun 14, 2011

This is a little more complex than one might expect. First, if by "ex-" you mean that the couple was actually legally divorced, then in the absence of a will it will be as if the person was never married at all, and generally the property would go to children or else to parents. Bank... View More

1 Answer | Asked in Car Accidents for Virginia on
Q: If a person was found guilty of running a stop sign, and caused an accident is he legally responsible.

Driver found guilty of running a stop sign and failure to yield the right of way and he hit the van my husband was driving. just prior to impact, my husband glanced in the side mirror to check other traffic. he is being told the insurance company for the car/driver driven by the other party... View More

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jun 10, 2011

Working with insurance companies may be difficult sometimes, but because the agreement with the insurance company is based on a contract, it is important to know what the contract says. The contract is essentially the "law" in this case. One could ask the insurance company the specific... View More

1 Answer | Asked in Collections for Virginia on
Q: In reference to 34-29 is this saying that 25% of my weekly pay will be garnished?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jun 7, 2011

That depends on what type of garnishment it is and how much one makes. Certain types of garnishments (like debts to the State) are not limited in this way. Garnishments for support obligations can be up to 60-65% of the check. For other debts, though, one is normally able to keep either $290/wk... View More

2 Answers | Asked in Family Law for Virginia on
Q: The mother has sole and legal custody of our daughter, she got it while I was on deployment. How do I change that?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jun 7, 2011

You probably would have to file a suit, but this is something you would want to discuss with an attorney to find out how the law applies in your particular case.

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1 Answer | Asked in Criminal Law for Virginia on
Q: What burdon of proof does commonwealth have to show in able to get a conviction under 18.2-371.1 subsection B
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jun 7, 2011

The burden of proof is "beyond reasonable doubt."

2 Answers | Asked in Criminal Law for Virginia on
Q: If criminal charges are dismissed at a preliminary hearing, can the prosecutor reinstate the charges somehow?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jun 7, 2011

Yes. There are a few ways the prosecutor could reinstate the charges, especially if new evidence was discovered.

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1 Answer | Asked in Bankruptcy for Virginia on
Q: I filed a Ch 13 Bankruptcy in May 2007, a creditor withdrew his claim and the court considered it as pd, so is it?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jun 7, 2011

It may be paid or it may not be paid (in fact). There is a chance it was paid out of the Chapter 13 plan, or else the debt was found to be satisfied in some other way. The real question probably is what should you do if the creditor tries to claim later that it was not paid? Well, if you have a... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: How do i get a domestic assault expunged off my record & how much does it cost

I was found guilty of domestic assault against my ex-boyfriend on July 8,2010. I was given a 12 month probationary period and a fine. I just finished paying my fine and I need to know what my next step would be so that i can get my nursing license back.

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jun 7, 2011

If you were found guilty of a crime, it cannot be expunged. To find out the process for getting the license back, it is probably best to contact the licensing agency.

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