Questions Answered by Salim U. Shaikh

Q: Can I file a counter suit against the state for a case that judgment reversed after I have served all the sentence

1 Answer | Asked in Criminal Law for Ohio on
Answered on Aug 13, 2018
Salim U. Shaikh's answer
You may file against wrongful imprisonment and for damages thereon through Attorney of your local jurisdiction.

Q: How to know whether the employment bond is one sided or two sided? How to broke a bond without any legal complications?

1 Answer | Asked in Employment Law on
Answered on Aug 12, 2018
Salim U. Shaikh's answer
It all depends on the terms of bond that you signed. Signing of a bond/contract means that you fully agree to the given terms of bond.

There would be a clause as to how, who, when and on what grounds this bond can be terminated.

Q: What can I do about failure to return deposit/itemized deduction list?

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Aug 3, 2018
Salim U. Shaikh's answer
Did you timely notify LL of your move out? If so, then it was his duty to finally jointly walk through the premises and draw a list of damages, if occured during your tenancy. Secondly, as his claim is not acceptable/disagreed by you, you must sue him in the Small Claims Court for recovery of deposit as 30 days time has already passed. You may get double the amount plus cost of Attorney and other damages.

Q: Landlord was caught trying to get in basement when we weren’t home.

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Answered on Aug 3, 2018
Salim U. Shaikh's answer
LL was a trespasser if he entered your (rented) premises without prior notice of at least 48 hrs. LL cannot raise rent without a prior notice of 90 full days during which time you may opt to stay or move out to some other location. For that you have to formally notify him at least 30 days before your move out.

Q: PLS I NEED YOUR HELP, MY LANLORD TOOK ME TO COURT, FOR NOT BEEN ABLE TO RENEW MY ONE YEAR RENT. WHAT DO I DO?

1 Answer | Asked in Landlord - Tenant on
Answered on Aug 3, 2018
Salim U. Shaikh's answer
Insufficient info does not help to render a specific advice. However, as is evident, there exist a landlord-tenant relationship by virtue of lease agreement, which must spell out all such as to how a lease be executed, terminated, extended, etc. etc. LL intentions to get it vacated within 7 days without a cause is not justified unless there is a gross violation of agreement.

You are advised to seek Attorney's assistance of your jurisdiction for specific advice and in the meantime...

Q: Landlord wont give deposit back after told her 5 days after we sign I couldn't move in.

1 Answer | Asked in Landlord - Tenant for Alabama on
Answered on Aug 2, 2018
Salim U. Shaikh's answer
Deposit has to be refunded where there is no claim by LL once a tenant moved out. If deposit is not paid back after a lapse of 30 days then tenant may sue LL in a Small Claim Court who may order for double, Attorney's fee; plus other expenses so incurred as well as damages etc. etc.

Q: How do I press charges on a co worker for making me hug him and won't take no for an answer?

1 Answer | Asked in Employment Law for Colorado on
Answered on Aug 2, 2018
Salim U. Shaikh's answer
It falls under harassment of physical and verbal nature. You can also press charges for hostile work environment keeping a whole record of events and also discuss it with your confident colleague(s) to witness his hostility.

Q: My company overpaid me $8,000 over 4 weeks. Now they want their money back and I've spent it what do I do

1 Answer | Asked in Employment Law for California on
Answered on Aug 2, 2018
Salim U. Shaikh's answer
You have to settle their overpayment either in full or by instalments our of your salary if they agree to it.

Q: Can my employer fine me for not giving a 2 weeks' notice, and can they withhold my final paycheck for any reason?

1 Answer | Asked in Employment Law for Washington on
Answered on Aug 2, 2018
Salim U. Shaikh's answer
If your employer's handbook required an employee to give two weeks notice or deduct 75 in lieu thereof then it need to be followed. Exit interview is your discretion that cannot withhold your final pay check. If it is not done you may sue your employer after the defined period of payment settlement.

Q: Can I claim back 18 years’ worth of tax? Is by law all my driving while in the company car company business?

1 Answer | Asked in Employment Law and Employment Discrimination on
Answered on Aug 2, 2018
Salim U. Shaikh's answer
Company might ben preparing a case to get rid of your services. Before they build up excuses, you must seek their formal explanation as to when and where did you violate company's policy. Their formal explanation might help you to defend your case. However, you can also sue the company for spinal degeneration due to excessive car driving, etc. It would be advisable, if you consult Attorney of your local jurisdiction to prepare your case.

Q: Around 2013 I walked out and quit my job Recently found out emboss is saying I was fired for stealing

1 Answer | Asked in Employment Law for Iowa on
Answered on Aug 2, 2018
Salim U. Shaikh's answer
Yes, such an allegation after years of your abandonment of job need to be formally asked by your and explained by your employer. Such allegations without any due process, investigation, formal exchange of memos entitle you for defamation and damages thereof through a court.

Q: When does an employee have to pay for a drug test and a background check at a preemployment job interview?

1 Answer | Asked in Employment Law for Arizona on
Answered on Aug 2, 2018
Salim U. Shaikh's answer
If it's a prerequisite to produce a drug test and background check report prior to offer then you will have to pay for it. Likewise, if it is on the initiative of your employer then they will bear the cost.

Q: South Carolina employer automatically deducts 30 minutes of pay after 6 hours of work whether I take it or not. Legal?

1 Answer | Asked in Employment Law for South Carolina on
Answered on Aug 2, 2018
Salim U. Shaikh's answer
As 30 minutes break may be mandatory after each 6 hours of work then you must avail it and take a break in between. It would help your performance.

Q: I was injured on the job and the company has a private employment insurance company not workmans comp who denied me.

1 Answer | Asked in Employment Law for Texas on
Answered on Aug 2, 2018
Salim U. Shaikh's answer
In your case doctors' opinion seemed disputed. Relying on independent opinions, you may consult Attorney of your local jurisdiction and serve a notice to your employer for wrongful termination.

Q: i have been asked to come in for a DEPO for a case i filed with the merit protection board do i need a lawyer present

1 Answer | Asked in Employment Law for Texas on
Answered on Aug 2, 2018
Salim U. Shaikh's answer
Having limited details it would be difficult to render a specific answer. However, as this may be the first call by the board, they may be interested to find the facts of the case and to see whether your submissions need further probe into the matter prior to a notice to your former employer. At this stage you may not need a lawyer.

If lawyer was allowed by the board at this stage or later, you may then hire a competent lawyer to proceed with your case.

Q: what type of lawyer do I need to present a case against the department of economic security

1 Answer | Asked in Employment Law for Arizona on
Answered on Aug 2, 2018
Salim U. Shaikh's answer
Depends on the nature of case that you may like to present : corporate nature or employee vs employer.

Q: I have some questions about landlord/tenant laws.

1 Answer | Asked in Landlord - Tenant for Washington on
Answered on Aug 2, 2018
Salim U. Shaikh's answer
Ref your query : (1) LL cannot enter into the rented area or property without formal prior notice of at least 24 hrs.

(2) You must inform LL in writing about the rotten basement walls (with photos) and ask him to repair it immediately before it is multiplied.

Q: Im living in an apartment where the landlord doesnt allow visitors. My girlfriend and daughter visits me once a week.

1 Answer | Asked in Landlord - Tenant on
Answered on Aug 2, 2018
Salim U. Shaikh's answer
LL cannot restrain visitors as and when they visit to a tenant unless specifically specified and agreed by both parties.

Q: my question is will i be able to get my security deposit back if i move landlord i not put it in a trust interest

2 Answers | Asked in Landlord - Tenant for New York on
Answered on Aug 3, 2018
Salim U. Shaikh's answer
Would be appropriate to first write LL and formally delivered as to the current status of building, expenses so made on the maintenance/upkeep of premises during the years of your stay which, in principle, was the responsibility of LL and did not take care of.

Request inspection by building department in order to assess whether the said building is habitable?

Ask him the account details where LL had kept your security deposit, etc. Such violations of LL will help you during...

Q: filed Tenants Assertion but LL's lawyer delayed case & LL refused to renew lease, made us move, did Motion to Dismiss

2 Answers | Asked in Landlord - Tenant for Virginia on
Answered on Aug 3, 2018
Salim U. Shaikh's answer
Your Attorney must oppose the motion and assist court with documentary details. Must prove that LL did delay the matter referring to court file.

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