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Questions Answered by Nicholas P. Weiss
1 Answer | Asked in Employment Discrimination for Ohio on
Q: My employer is threatening corrective action if we don't divulge yes or no to having the covid shot. HIPAviolation?
Nicholas P. Weiss
Nicholas P. Weiss answered on Nov 29, 2021

Your employer is allowed to ask this question and get an answer. It is not a violation of HIPAA.

1 Answer | Asked in Employment Discrimination for Ohio on
Q: I work for a company in Akron, Ohio on 11/17/2021 my day off of work. My manager called called me to tell me I was susp

Suspended until further notice. On 11/18/2021 I called to see if documentation was filed and that I would come pick it up that day. Only to be called back fifteen minutes later to say they could not suspended me. But I was not allowed back to my designated area. Now they r offering me a job that I... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Nov 29, 2021

I'm assuming that this is a disability discrimination matter. If that is the case then they are likely offering you a different position as a reasonable accommodation for your claimed disability. If you don't take it it is likely that they can terminate you.

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: For a custody arrangement to change. What motions need to be filed?

Mom and dad no longer together. According to arrangement made, mom cannot move away from county. This was a request made by the father and granted by the court. If more details are needed, please ask!

Nicholas P. Weiss
Nicholas P. Weiss answered on Nov 29, 2021

Motion to modify parenting plan. You'll need to establish that since the last order there has been 1) a substantial change in circumstances and 2) that the change is in the best interest of the minor child.

1 Answer | Asked in Foreclosure for Ohio on
Q: Mechanics lien was recorded.contractor then filed foreclosure suit after the 2year limit Ohio RC1311.88,suit dismissed?
Nicholas P. Weiss
Nicholas P. Weiss answered on Nov 16, 2021

111.88 is for broker's liens. Mechanic's liens are governed by 1331.16. Those actions have a six year statute of limitations.

1 Answer | Asked in Family Law for Ohio on
Q: I have a civil protective order against my husband but he is back at my house can I get in trouble he has no where to go

He has manipulated his way back in the house with no where to go. Away from him. He is verbally abusive and mentally unstable. The other night he was either on something or having a mentally episode. He was talking out of his head making false accusations. He threw his phone at me and then broke it... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Nov 16, 2021

You will not get in trouble. Do not let him back in. Call the police if he contacts you again.

2 Answers | Asked in Landlord - Tenant for Ohio on
Q: Can we end the lease if we don’t have the washer that was promised to us? We have been living here a month waiting

If we end our lease can we get the deposit back or do we have to keep paying full rent even though we don’t have what was promised to us?

Nicholas P. Weiss
Nicholas P. Weiss answered on Nov 16, 2021

If the washer was a condition of the lease, then the landlord is in breach. Give them written notification of the breach, in writing. Wait thirty days. If they have not fixed the issue you can either 1) vacate without penalty 2) deposit your rent in court or 3) sue for damages. Do not reduce rent... Read more »

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1 Answer | Asked in Estate Planning and Child Custody for Ohio on
Q: Ex filed contempt of court charges due to missing 3 visits could not get to meeting point and wouldn’t come to my house
Nicholas P. Weiss
Nicholas P. Weiss answered on Oct 24, 2021

Can you provide some more information? What question are you seeking an answer to?

2 Answers | Asked in Family Law and Child Custody for Ohio on
Q: Does the opposing attorney have to disclose evidence against me?

I am representing myself in 2 custody cases but i dont know what i need to be defending myself against. As i am my own attorney, doesnt their attorney have to disclose whatever evidence they have against me so I am able to build a proper defense?? Please help me!!

Nicholas P. Weiss
Nicholas P. Weiss answered on Sep 27, 2021

He doesn't have to just because. You have to ask him for it. This is generally done by serving 1) Interrogatories (written questions seeking information) 2) request for production of documents (documents that may be relevant to the case) and 3) admissions of fact. This is possible, but really... Read more »

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1 Answer | Asked in Cannabis & Marijuana Law for Ohio on
Q: Can I get fired for failing a drug test even though I have my medical card and they hired me back at another location

I’m legally disabled since a young age and they’ve been telling me I might be able to get hired back for days now and they updated there policy but I’m left hanging not knowing what’s going on. I’ve missed 7days of work so far. And I have to start work at another location. They said I... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Sep 25, 2021

Ohio employers are allowed to terminate or discipline employees for the lawful use of medical marijuana. It is entirely at the employer's discretion.

1 Answer | Asked in Foreclosure and Family Law for Ohio on
Q: foreclosure notice Ohio help

We received a foreclosure notice for our house. The house has late payment for nearly a year. The house mortgage and deed is in my dad’s name. My dad traveled out of the US in Feb-2020 and he has a police warrant so he probably not coming back. My mom and two young brothers living in the house... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on May 24, 2021

They can continue to make payments. The bank doesn't care where the money comes from.

As to transferring the property the easiest way would be to obtain a divorce from your dad and take the house in the divorce subject to obtaining a refinance of the mortgage.

Call the attorney...
Read more »

1 Answer | Asked in Family Law for Ohio on
Q: Can a non biological grandfather get visitation under grandparents rights?

Daughter died Dec 18th 2020. My significant other and I have been together as husband and wife for 13 years. Daughter and bio father separated but not divorced for 1.5 years. I (maternal grandmother) cared for baby while she was at work, since birth. We've filed for grandparents rights for... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on May 23, 2021

You need to refile under your name solely to have any hope here. Grandparents have no rights to visitation if the parents of the grandchild are legally married. They can get custody, but only if they are able to prove that the biological parent is unfit or abandoned the child.

1 Answer | Asked in Adoption, Child Custody and Family Law for Ohio on
Q: My daughter’s friend (16) and her infant child were kicked out of her mother’s. She is staying with our family and we

would like to provide a long term and safe environment for them. What formal agreements or legal status can we be granted for this situation?

Her mother’s home is not safe for her or her child. Emancipation is not an option in Ohio. Her mother would be willing to “sign off” on some... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 20, 2021

You have three options so long as the biological mother is willing to sign-off.

1) Adoption. You can adopt the daughter, which would permanently cut off the biological mother from future parenting.

2) Guardianship. You could assert yourself as a guardian over the child in probate...
Read more »

1 Answer | Asked in Civil Litigation and Employment Law for Ohio on
Q: Can a business not pay you for hours you worked for their company?

I worked for a home health care company for about a month and they didn’t pay me at all. I had an old traffic violation warrant and went to jail a couple days, but was able to return to work. They claim that since I didn’t turn in my “hard copy” of my hours worked(this is just where I write... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 12, 2021

They are in breach of Ohio wage and hour law. Contact an employment lawyer or file a complaint with the Ohio Department of commerce.

1 Answer | Asked in Criminal Law and Federal Crimes for Ohio on
Q: I did get a payday loan and was not able to pay it, is that fraud?
Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 12, 2021

No.

1 Answer | Asked in Family Law for Ohio on
Q: My brother has hired a private attorney for us to oversee everything. Will that be enough?
Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 12, 2021

Can you give a little more information? What is the attorney overseeing?

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: My Dad passed away in Ohio, I live in WV. Do I have to go to Ohio to get my inheritance?
Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 12, 2021

You don't have to physically go there, but you do have to open up a probate case in the county where your dad either resided or passed away. Contact a probate lawyer in that county who can act as an administrator of the estate to ensure you are distributed your inheritance.

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3 Answers | Asked in Family Law for Ohio on
Q: If I have full custody do I have to let my daughter go visit her mother in another state if I don't feel it's safe to do

I have full custody in ohio and she doesnt have any legal rights as moved to california. Shes demanding I send her to California during the pandemic and I have no clue who she lives with or would be around if something happened.

Nicholas P. Weiss
Nicholas P. Weiss answered on Feb 23, 2021

If she has no rights to visitation then you do not have to send her. If she has out-of-state visitation rights you may have to send her. Review your custody order.

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1 Answer | Asked in Business Law, Contracts, Landlord - Tenant, Estate Planning and Probate for Ohio on
Q: Is my mom responsible for payment of a business lease if she is not on it? Dad died, no will, landlord wants a yearof $

My dad signed a 2 year business lease on 1-19-2021. He passed away 1-31-2021. He leased for 30 years from the landlord, was never late with his payment and now the landlord wants my mom to pay him a year's worth of rent to end the lease. She was never on the lease. They were married for 60... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Feb 16, 2021

If your mom is not a guarantor or co-signer then she has no liability to the landlord and should not pay anything.

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Ohio on
Q: Can employer work you past your doctors restriction on hours

I have a left foot injury before I started employment with my company and they was aware of previous surgery on ankle before I was hired after working for 7 months or so had several big knots in bottom of left foot that was causing me a lot of pain and discomfort my doctor put me on restrictions... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Feb 16, 2021

This sounds like you potentially have a claim for disability discrimination. If he terminated you because you could not or would not work beyond your work restrictions, that would be actionable.

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: My father passed away his bank account beneficiary is his ex-girlfriend but he said in his will im the beneficiary100%of
Nicholas P. Weiss
Nicholas P. Weiss answered on Feb 16, 2021

The bank beneficiary designation will govern and that money will not go through probate.

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