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Questions Answered by George W. Svoboda
1 Answer | Asked in Civil Rights and Constitutional Law for Illinois on
Q: what constitutes racial profiling from a legal standpoint?
George W. Svoboda
George W. Svoboda
answered on Aug 5, 2020

There are many laws against discrimination based on race. Racial profiling is a term used broadly to mean that race or ethnicity is used as suspicion that someone committed an offense. Usually, this is something that law enforcement is accused of. Proving racial profiling is a way to win a... View More

1 Answer | Asked in Employment Law and Elder Law for Illinois on
Q: My question is concerning the effects on a 64 year old woman from wearing a mask at a full time job.

I’ve been wearing the required mask at work since March 2020. We were informed it is now a requirement for employment. I do not work in the general public. I’ve reported to my manager of having a sore scratchy throat, & congestion, but now it’s a burning in my chest with trouble breathing... View More

George W. Svoboda
George W. Svoboda
answered on Aug 5, 2020

I'm sorry for your situation. You should go to the doctor and you should get tested. There is no clear evidence that reinfection is not possible. You described symptoms that your employer may believe warrants a test for the virus. You do not have to go to the doctor, but your employer may... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Landlord not returning security deposit

I am living in Bloomington Illinois. Last month we were planning to move out of our current unit (3rd floor) and move in to (1st floor) same building. The person moving out from 1st floor is my friend. We both went on June 19th and he gave a move out from July 19 and I gave move out from 3rd floor... View More

George W. Svoboda
George W. Svoboda
answered on Aug 5, 2020

If the $600 was a non-refundable application fee, then they don't need to return it. If it was a security deposit, they need to return it within 30 days after you move out. Usually landlords don't take security deposits until you sign the lease.

1 Answer | Asked in Real Estate Law and Tax Law for Illinois on
Q: My grandfather passed away yer ago and now is his home is for sale. Can I purchase through FHA?

My grandfather passed a year ago. His home is now for sale through his estate. As his grandchild, am I able to purchase the home through FHA?

George W. Svoboda
George W. Svoboda
answered on Aug 3, 2020

Yes. You can contact the administrator and make an offer. You will not get a special, family deal. The administrator can only take a fair market offer. You might ask the administrator to get an appraisal.

2 Answers | Asked in Landlord - Tenant for Illinois on
Q: I had a tenant break lease early and refuses to pay the termination fee in the contract she signed.

There was a two week notice clause in the rental contract ($300). She up and left then said she would pay me but still is giving me the run around, what legal recourse do I have? There is also a section in the contract that states she will cover legal fees if we go to court.

George W. Svoboda
George W. Svoboda
answered on Aug 3, 2020

You can sue her for breach of contract. You can sue yourself in small claims court and ask for court costs in addition. You can hire an attorney to sue for you. You may be able to collect your attorney's fees, but she may be judgement proof, meaning she may have no money or assets to go after.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I'm in Machesney Park, IL and I have a one year apartment lease; can the landlord increase the rent during the lease?
George W. Svoboda
George W. Svoboda
answered on Aug 3, 2020

He can only do that at the end of the lease not during the term. Even if the lease had a clause that provided for it, I doubt that it is enforceable in IL. Trying to raise the rent during the term of the lease is likely a breach of contract.

1 Answer | Asked in Consumer Law and Products Liability for Illinois on
Q: Dealer has "fixed" and given back my car multiple times, while the problem still persisted. Now they say it's unsafe.

A few months ago, my car started showing me a warning that the front passenger restraint system has a problem with it, which could cause non-deployment of airbags in the case of a crash. I gave it to the dealer for repair, and they told us they fixed the problem. The warning continued after I got... View More

George W. Svoboda
George W. Svoboda
answered on Jul 24, 2020

It sounds like the dealer has had the car multiple times for the same problem. If this car is relatively new, you may have a Lemon Law complaint. They probably didn't know that the car wasn't repaired the first couple of times they gave it back to you, so it would be hard to prove they... View More

1 Answer | Asked in Energy, Oil and Gas for Illinois on
Q: Hello i need to know what kind of lawyer i need i almost had my home burned down due to a mistake by the gas company .
George W. Svoboda
George W. Svoboda
answered on Jul 24, 2020

You can't sue the gas company for almost doing something. However, you can sue them for actual damages resulting from negligent or incompetent work. Look for an experienced litigation attorney. Suing the gas company won't be inexpensive. If you have a good case, an attorney may take the... View More

2 Answers | Asked in Family Law for Illinois on
Q: Do I need to notify the court that I no longer have an attorney representing me?

I don't have an open case currently. I have attempted by email and phone to get in touch with my attorney and no response. I was wondering if I needed to notify the court that I no longer have an attorney or wait until I find a new one.

George W. Svoboda
George W. Svoboda
answered on Jul 24, 2020

If your case isn't open, then the court won't be interested that you aren't represented by an attorney. Do you have a representation agreement with the attorney you are trying to reach? If so, it is not ethical for him or her to ignore you even if the matter they handled for you in... View More

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1 Answer | Asked in Family Law for Illinois on
Q: Can my parents dictate where I go to college if I'm still 17?

(Parents are divorced) I want to attend a college out of state but my mom is refusing to allow me to go. My father is okay with me attending an out of state college.

I was told if we don't agree (the three of us) then we go to mediation. What will mediation be like then? Can I request... View More

George W. Svoboda
George W. Svoboda
answered on Jul 23, 2020

Unfortunately, while you are 17, you can't make the decision on your own. However, once you are 18, you can do whatever you want (as long as you can afford it). You don't need your parents permission to apply out of state, but your mom may not pay your application fee. If you can get a... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: I was furloughed because of COVID-19 for my wife’s medical condition when I asked to return when all other employees

Come back in August from my department of which I was a salary manager they said yes but are taking my salary and manager title from me. But I have never had any type of verbal warning, written warning there should not be one thing in my employment file that would warrant or constitute them from... View More

George W. Svoboda
George W. Svoboda
answered on Jul 23, 2020

I'm sorry for your situation. It's not clear what type of discrimination you are claiming here. You may be able to claim family responsibilities discrimination, otherwise known as caregiver discrimination. You would need to show that the employer reduced your pay and position, because of... View More

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Illinois on
Q: Built home last year and the builder has our home photos all over his builders realty website. Not in our contract.

The photos are of the interior and exterior (3D). We are not comfortable with this and have asked before for them to be removed. It is in fact worse now on multiple building plans and has been taken down. What legal recourse do we have?

George W. Svoboda
George W. Svoboda
answered on Jul 23, 2020

You need to look at your contract in more detail. Is there an intellectual property section that addresses ownership of the plans and design? Also, if you closed on your property after construction was finished, the builder owned the property until closing. Up until that point, he had the right to... View More

1 Answer | Asked in Uncategorized for Illinois on
Q: In order to study pre-law, do the credits required to enroll need to be earned in a high-school class.

I am soon to be starting my junior year in high school and am interested in going into the law profession. I probably won't be able to get all thhn language credits through my high school due to scheduling. Can I earn these credits in a college course then enroll? Do I need to be in high... View More

George W. Svoboda
George W. Svoboda
answered on Jul 23, 2020

Congratulations on determining your interests for college and beyond. Many high school students find this difficult. Pre-law programs vary for each college. Language requirements are usually only suggested, and not required. Pre-law is not typically a major of study. Many pre-law students in... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Can my employer record private audio conversations without our consent?

We were recently made aware that not only do the district managers regularly watch video of us in the store, but they also listen into private conversations between managers and associates. We never knew the cameras also recorded audio. We are located in Illinois.

George W. Svoboda
George W. Svoboda
answered on Jul 23, 2020

You should not assume a right to privacy when working at your employer's business. About the only place you have a right to privacy when working is in the bathroom stall. Security video recordings are legal under the Federal "one-party" consent rule, which means only the employer... View More

1 Answer | Asked in Uncategorized for Illinois on
Q: Would I be eligible for a group home or a nursing home due to my medical problems?

Things not looking good for me. Seems that I'm going to be homeless but not sure any shelters will be open. I've heard people under 40 go to nursing homes

Family wont help me out.

George W. Svoboda
George W. Svoboda
answered on Jul 21, 2020

It's impossible to say without knowing the details of your situation. Nursing homes generally charge people to stay there. It is better to get an apartment or section 8 housing if you can. Call the Chicago Homelessness Prevention Call Center at 311 for advice regarding your situation.

2 Answers | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: How hard is it to get full custody as a dad?

The mother of my kids doesn't let me get share custody. Now she has blocked me and my wife and can't get in contact with her or my kids. Im tired of this. I just want shared custody over my kids. My kids have mentioned to me that want to live with me? Does it help if I file for custody... View More

George W. Svoboda
George W. Svoboda
answered on Jul 21, 2020

Getting full custody may be difficult. The mother has rights too, unless she is abusive or neglectful. The children's wishes may be taken into account depending on their ages. Remember, they probably say different things to each parent. That is typical survival behavior. They want to please... View More

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2 Answers | Asked in Criminal Law for Illinois on
Q: What possible charges am I facing if I’m accused of popping 1 tire on two different vehicles? And damages where $130
George W. Svoboda
George W. Svoboda
answered on Jul 21, 2020

Vandalism with damage of less than $300 is a Class A Misdemeanor in IL punishable by up to a year in jail and up to a $2,500 fine. You committed two offenses. If this occurred during the recent riots, you could also be charged with mob action. The most serious mob action charge is a class 4 felony,... View More

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1 Answer | Asked in Uncategorized for Illinois on
Q: Will going to the police telling them am homeless get me into a state run mental health clinic?

Likely considered homeless as I just live with my older relative over the years. Have no options really except maybe stay in my car as a distant relative pushed on me.

George W. Svoboda
George W. Svoboda
answered on Jul 20, 2020

A mental health clinic is not a place for free housing. It's a place for people who have serious mental defects that need to be institutionalized so as not to harm themselves or others. Telling the police that you are homeless won't get you sent to one. Why involve the police in this?... View More

2 Answers | Asked in Family Law and Child Support for Illinois on
Q: Hi, I was dating a girl 25 years ago, I found out she was married , and told Her I didn’t want to see her anymore , she

Got very angry , then told me

She had clomidia, then the next week said she was pregnant,.. then I never heard from her again .. I never had her phone number , she always had her sister drive her to my house ... 24 years later , I get a message on Facebook from a girl who claims she is my... View More

George W. Svoboda
George W. Svoboda
answered on Jul 20, 2020

You should be very careful what information you give out. You might need a written contract to protect yourself. They could try to go after you for back child support. A Tennessee man was ordered to pay $160,000 in back child support in a case like yours. That case was upheld on appeal.

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2 Answers | Asked in Family Law and Child Custody for Illinois on
Q: Are both my parents responsible for helping me pay for college? I'm hoping to get scholarships and grants but

my mom told me dad has to pay half my college education but they have no agreement for college. Something about going to mediation if the three of us can't agree.

George W. Svoboda
George W. Svoboda
answered on Jul 20, 2020

There is no right to college in Illinois and there is no law that states that your parents need to pay for your college. You will be an adult when you go to college. Your parents are only responsible for you at that point if they choose to be. This becomes tricky for a college student if their... View More

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