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Questions Answered by Andrellos Mitchell
1 Answer | Asked in Employment Law and Employment Discrimination for Maryland on
Q: I was terminated from a bus operator position in Montgomery County Maryland for a background check.

I was informed that I was terminated by the hr department because their investigator said not to proceed and that they could not disclose anything further that I would have to talk to the investigator. The investigator will not respond to me me after several attempts to contact him. I can... View More

Andrellos Mitchell
Andrellos Mitchell
answered on Feb 10, 2021

So, hire a lawyer and go meet with the investigator or do a 3-way on the telephone with your lawyer and the investigator. How are you going to move forward if you don't know why you were terminated? First things first.

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Maryland on
Q: I am an African American male , that has been dealing with haraasment, retaliation n more from my work place.

When I reported it to HR not once but twice I was told that He was within his right as a manager to do that. They never took what I report serious as a result I was fired n refused to resign. I believe the is a serious cover up between HR and this adminstration n department. Im in the Baltimore, MD... View More

Andrellos Mitchell
Andrellos Mitchell
answered on Oct 1, 2020

Well, you didn't pose a question so there is no answer necessary. However, if you felt your rights were being violated why didn't you file an EEOC Complaint? You may still be able to. Your facts were so thin, it's impossible to tell what your rights may be.

Q: I'm an officer the US Public Health Service station at a Federal Agency. Can I sue for harassment and retaliation?

My supervisor is harassing at work. Just flat out lying. He lied and put me on a PIP and issued me an LOR when all my work was up to date and at the start of a global pandemic when everyone was working from home. No negative counseling in 8 months leading up the PIP and LOR. I filed an EEO... View More

Andrellos Mitchell
Andrellos Mitchell
answered on Jul 29, 2020

It depends on what statute your are suing under.

Title VII provides that a court, in its discretion, may award reasonable attorneys' fees to the prevailing party. ... That determination is relatively clear when a plaintiff proves his or her discrimination case and a favorable judgment...
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2 Answers | Asked in Bankruptcy for District of Columbia on
Q: We need to file for bankruptcy can you help?
Andrellos Mitchell
Andrellos Mitchell
answered on Feb 26, 2020

Yes.

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1 Answer | Asked in Contracts and Civil Litigation for District of Columbia on
Q: What is the law regarding a moving company holding your items until you pay their demand for more money?

I hired a moving company to relocate my items in Seattle to DC. They are now claiming that my storage until which only held a capacity of 400 cu ft took up 425 cu ft of their trailer and that they have to transfer my items to a shuttle because the semi currently carrying my items is too big to go... View More

Andrellos Mitchell
Andrellos Mitchell
answered on Jan 21, 2020

Well, I think you should call a lawyer and see what he can do. It's going to cost, but probably less than the $853.00. If the lawyer can't work something out, if you want your property back you may have to pay now and sue later...if you have a legal grounds to sue. It all depends on whats... View More

3 Answers | Asked in Bankruptcy for Maryland on
Q: Chapter 7 bankruptcy and keeping your home

I have learned that if one file for Chapter 7 bankruptcy, he will lose his house if the amount of equity matches the amount to be paid to the creditors. There is one exception which is homestead exemption and allows you to protect certain amount of equity.

The question is after homestead... View More

Andrellos Mitchell
Andrellos Mitchell
answered on Nov 29, 2019

You don't get much of an exemption in Maryland under the Homestead Act. Homeowners and wage earners filing bankruptcy that may have too much equity in their home and are worried about being forced to get a second loan to pay off creditors or a forced sale to pay off creditors probably should... View More

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1 Answer | Asked in Employment Discrimination for Maryland on
Q: I asked my employer over a month ago to have Sunday off to go to church and they have not done anything as of yet.

What steps should I take next.

L

Andrellos Mitchell
Andrellos Mitchell
answered on Aug 20, 2019

First of all you should put your request in writing and explain why you need this day off. If you are going to be taking the same day off on a regular basis maybe you should take leave with pay or leave without pay or just make arrangements not to work on that day.

1 Answer | Asked in Employment Law, Elder Law and Employment Discrimination for District of Columbia on
Q: Coworker is making childish remarks and you say "your almost 70 yrs old and acting like a child."

Is one remark consider age discrimination or does it have to be a pattern of behavior?

Andrellos Mitchell
Andrellos Mitchell
answered on Aug 6, 2019

Well, it depends on what the policy is at your workplace. Generally speaking, I would say that actual... View More

2 Answers | Asked in Employment Law and Employment Discrimination for Maryland on
Q: If I'm already working for an company, can they fire me if a background check company doesn't provide a timely response

Let's suppose the background check company is the Federal OPM office, and the background check is for a standard public trust level job that doesn't require a secret or top-secret level clearance and that none of the jobs at your work site are classified. Further, Let's suppose the... View More

Andrellos Mitchell
Andrellos Mitchell
answered on Jul 13, 2019

This sounds like a hypothetical question. An employer can always come up with a reason to deny you a clearance, no matter how high or low the level of the clearance.

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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Maryland on
Q: Job knew I had disability. Sent a letter to say come to work, if no note in 6 days your fired. Was time to short?

I identified as a person with a disability. There was a class coming up I needed to be out for 2 days of a 10 day class for disability. Lead said her and manger discussed my request and said I should rethink going to my appointment, resign or they may terminate me. I was unable to attend that... View More

Andrellos Mitchell
Andrellos Mitchell
answered on Jun 30, 2019

No, not necessarily. It all depends on the facts, intent, and motivation of your employer, as well as whether or not you followed the law on requesting a reasonable accommodation. The employer knowing you are disabled is not enough. You must make a request for a reasonable accommodation, your... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Maryland on
Q: Im a federal supervisor. I manage a staff of 8. One of my employees is harassing me with frivolous emails and demanding

Over the last 2 years I have given this employee a letter of reprimand, a PIP, and a proposal for a seven day suspension. My upper level supervisor failed to sign off on the suspension. My upper level supervisor has promised over the last year that this employee would be moved. After a few month of... View More

Andrellos Mitchell
Andrellos Mitchell
answered on May 20, 2019

Just based on what you have presented I can't advise you. It requires meeting to discuss the case, review of paperwork, and research. However, it sounds like you may be open to getting in trouble with upper level management and should hire counsel to protect your rights.

1 Answer | Asked in Gov & Administrative Law and Libel & Slander for District of Columbia on
Q: What recourse do I have for being slander by my employer to congressional staffers/ hearing?

I work for a federal agency; a senior representative attended a meeting of enquiry on the Hill about an incident within the agency- at the location I direct/ oversee. The representatives did not have facts; instead, they blamed me for the negative outcome of the external investigation. I was asked... View More

Andrellos Mitchell
Andrellos Mitchell
answered on May 7, 2019

It definitely sounds like you need to hire a lawyer before you respond on writing or in person. Everything going forward will be shaped by your employer and the narrative he/she wants to create. You need to carefully counter that narrative. It is best to have someone speak on your behalf when... View More

3 Answers | Asked in Bankruptcy for Maryland on
Q: I have stopped making payments - for 4 mo. on credit card & medical debt - about 15,000. in debt. If they file judgement

& I die - can they take my life insurance of 10,000. for which my son is beneficiary? He is not on any of my accounts, but would be my executor to my estate - which is worth very little.

Andrellos Mitchell
Andrellos Mitchell
answered on May 5, 2019

No!

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2 Answers | Asked in Divorce for District of Columbia on
Q: My wife and I are getting a divorce. She is going to try and get alimony and child support. I am the sole provider for

I am the sole provider for the kids is this possible?

Andrellos Mitchell
Andrellos Mitchell
answered on Dec 21, 2018

Call me.

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1 Answer | Asked in Civil Litigation and Legal Malpractice for District of Columbia on
Q: Can a law firm be sued?

The law firm representing me in a civil/non-payment of rent pro bono case made a donation to a non - profit legal organization that filed an unfounded domestic violence (criminal) case against me in family court on behalf of a woman who married me for a green card.The law firm did nothing for me... View More

Andrellos Mitchell
Andrellos Mitchell
answered on Nov 30, 2018

Well, I guess you got what you paid for. But seriously, even though the firm represented you for free, if it was negligent in the handling of your case and breached its duty of care compared to other law firms in the community, handling the same types of cases, theoretically you can sue the firm.... View More

2 Answers | Asked in Bankruptcy for Maryland on
Q: So do I have this right? Filing chapter 13 means I can keep my home?
Andrellos Mitchell
Andrellos Mitchell
answered on Nov 30, 2018

In general...that's correct, if you meet the terms of the Plan.

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3 Answers | Asked in Bankruptcy for Maryland on
Q: Will medical bills go away if I file for bankruptcy?
Andrellos Mitchell
Andrellos Mitchell
answered on Nov 17, 2018

The short answer is yes, if you include them in your Bankruptcy as unsecured debt.

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2 Answers | Asked in Bankruptcy for Maryland on
Q: Can I file for bankruptcy if i can't pay a loan from a family member? there was no paperwork.
Andrellos Mitchell
Andrellos Mitchell
answered on Oct 31, 2018

Yes. A loan is simply a promise to repay money or something else of value. A promise can be oral or in writing.

An oral promise to repay money is just as valid as a written promise, and you can be sued for that promise if you default on the loan/debt.

You can also list that debt...
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1 Answer | Asked in Business Law and Employment Law for District of Columbia on
Q: Should I make an LLC and get paid through that, or just receive a W-2 like every other employee?

My new employer (there's only 2 of us in the company so far) has suggested I form an LLC so he can pay me through that instead of giving me a check each pay day like a normal employee would. He says the point of doing it this way is so I'll be taxed less and get to keep more of my money.... View More

Andrellos Mitchell
Andrellos Mitchell
answered on Oct 22, 2018

It sounds like a dumb idea. You are taxed as a sole proprietor, which for tax purposes means you are taxed as an individual. The LLC is more about putting a veil between you and the company to protect your assets in the event the company is sued.

4 Answers | Asked in Bankruptcy for Maryland on
Q: I'm about to lose my house to foreclosure and really want to prevent that from happening.

Is filing for bankruptcy my best option?

Andrellos Mitchell
Andrellos Mitchell
answered on Oct 12, 2018

It may be. I can't say for sure without reviewing your case. However, if you don't have money to set aside to pay into the reorganization plan for the arrears...it probably wont make any difference in the long run.

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