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My employer is planning to restructure our group, which will involve reallocating my team to other areas and eliminating my position. I have a copy of a draft letter from my manager to Human Resources that uses inaccurate information to justify these changes.
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answered on May 8, 2024
The mere fact that the information underlying the restructuring or RIF is inaccurate does not, by itself, create a legal claim for you. You would need to demonstrate that the restructuring was done in a discriminatory manner. So, the false information might still be relevant to a potential... View More 
A university or professor sues a student for posting a test onto a course sharing website for copyright infringement. During the proceeding, the professor or university wants to subpoena the identity of the poster and viewers of the test that poster posted; would this subpoena be granted? Would it... View More
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answered on May 4, 2024
In the context of a civil lawsuit, a Subpoena for the production of documents is only needed if the intended recipient of the Subpoena is NOT a party to the lawsuit. Otherwise, if the documents are being sought from a party to the case, then a Request for Production of Documents would instead be... View More
If Canadian laws ban importation and the sell of certain pesticides can a US citizen get in trouble for selling them to Canadian customers?
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answered on May 4, 2024
Obviously, Canadian authorities could attempt to criminally charge someone for engaging in that type of conduct - assuming of course that it is illegal under its laws. In addition, depending on the facts and circumstances, that same conduct could possibly subject someone to prosecution in the... View More
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answered on May 4, 2024
Merely being questioned does not trigger the obligation of law enforcement to read you your Miranda rights. However, based upon what you have generally described, at some point during those various events, your Miranda rights should have been provided to you. I would of course need to know much... View More
I’ve went to my employer about being racially discriminated and harassed. After that they pull the only other person of my race in the office. They ask him if he feels discriminated against he tells them no. At the end of the conversation my branch manager tells the other guy that he feels like... View More
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answered on May 2, 2024
You can always file a Charge of Discrimination with either or both the Illinois Department of Human Rights or the Federal Equal Employment Opportunity Commission. However, keep in mind that, in general, you need to be able to show that you have suffered an "adverse employment" action.... View More
Just like every other normal citizen I don’t have access to all the footage to make a determination of what exactly went down. But in the clip I saw a plain clothed officer point a gun and say get out of the car not announcing he was police at that point. Does that pose a threat to Dexter to... View More
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answered on May 2, 2024
Really good questions and insight. Clearly, members of law enforcement can be either in uniform or plain clothes, and of course may make, or participate in traffic stops. They need to announce their office, otherwise it is true that the individual may not even know or realize the individual or... View More
Officers charged me with Attempted burglary, possession of burglary tools, and criminal damage to property; because of broken lock. These serious felonies? What "typical" outcome? Thank you
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answered on May 2, 2024
There is no "typical" outcome. There are many possibilities based upon the individual facts of your case; the laws under which you have been charged; your own criminal history (or lack of it); and the prosecutor and jurisdiction you are in. Quite often, pleas of guilty are negotiated... View More
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answered on May 2, 2024
That will be up to the individuals prosecuting the case. If you are the only victim, then yes there is a great likelihood that they will want to call you to testify as a witness at trial. If you are asking whether you "HAVE TO" testify, even if you do not want to testify, the prosecutor... View More
I retained counsel, but I feel like they haven't been in communication with me. I've rarely heard from them after pretrial got continued multiple times. My case has recently been set for a trial and my lawyer still has not reached out to me. Is that normal?
Also, if I were to ask... View More
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answered on May 2, 2024
This is unfortunately a common occurrence. Clients often do seek the opinions of other lawyers - with the idea that they may change counsel. Your communications with other potential lawyers would be subject to the attorney-client privilege. Your attorney may be contacted by the other lawyer whom... View More
I live in Oregon and recently had two criminal cases expunged, yet when I Google my name the first hit is for Justia which shows a copy of the Oregon Court of Appeals decision which broadcasts to the world that I was charged with crimes that I did not commit. Doesn't this defeat the purpose of... View More
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answered on May 2, 2024
You make a very good point, and having that published decision out there defeats the purpose of your expungement efforts. However, the problem is that, once a Court issues an Opinion it is public - and it cannot be revoked or hidden just because the Defendant has now had his conviction expunged.
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answered on May 2, 2024
The concept and charge of felony murder is based upon the fact that, in course of committing a felony, there is a murder. States take different approaches in their statutes/laws as to what types of felonies qualify as the underlying predicate felony for a felony murder charge, as well as who is the... View More
I need to know now his test is anytime today
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answered on May 2, 2024
The PO does not have to allow you to be present. However, it would be surprising if the PO was not willing to talk to you. He/she should want to hear any relevant evidence. Then again, the PO is going to rely upon the results from drops, rather than taking any person's word for it.
I hired a company to do pest control. The tech they sent to my house stole my wallet. I have it on camera. I called the company, who told me he was on probation and I filed a report with the name they gave me. I know most reports don’t even get looked into but since he’s on probation will his... View More
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answered on May 4, 2024
You should make sure that you file an actual police report. Except in the most unusual of circumstances, his Probation Officer will be notified or find out.
I never signed a lease. We communicated mostly through email and text. They have my maintenance, escrow and final 3 weeks of pay withheld. I was supposed to lease a truck, but it never was ready. I was told I would get everything back, but they quit communicating after I came back to Louisiana.... View More
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answered on May 2, 2024
You do not have to retain a lawyer, but from the sounds of it, you may not get very far without one. You might also reach out the Illinois Department of Labor, or go to its website. You can file a Charge on-line for unpaid wages under certain circumstances.
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answered on May 2, 2024
Meaning that the attorney previously represented 4 of the witnesses in the case against you? All potential conflicts must be disclosed.
There is some to this case and I don't have the room to put it all in I do have a narrative of anyone is willing to help me! They trying to lock me in prison for something I was no part. I need someone willing to help me please! I do not deserve this.
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answered on May 2, 2024
It is difficult to answer your question without knowing a whole lot more information about the case that you are defending against. If you do not have counsel, you should contact competent counsel and explain in detail the facts, circumstances, and procedural posture of your case.
I got assigned a trial date on the LV Municipal Court's website. It's in over a month. Does that mean the prosecutor is not offering a plea deal in my case? Or can the case still be settled by a plea of no-contest and getting a less harsh sentence?
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answered on May 2, 2024
Just because a case has been set for trial does not meant that the Defendant himself or the Defendant's lawyer will not be able to negotiate and enter a plea agreement. A plea deal can happen on the very eve of the trial, and even sometimes during a trial.
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answered on May 2, 2024
It appears that you are citing to, or referring to a law in the State of Nevada - the Nevada UNIFORM CONTROLLED SUBSTANCES ACT.
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