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Questions Answered by Louis George Fazzi

2 Answers | Asked in Employment Law and Employment Discrimination for California on

Q: Racist memes sent in mass group text directed against employee and seen by the district manager of employee and ignored

All my co workers got together at a party and created racist memes about me and sent these through a mass group text to almost all the other employees in the district. This is a party that predominately had supervisors and a district manager attending. Nothing was done to stop messages being sent... Read more »

Louis George Fazzi answered on May 10, 2019

I agree with most of what Mr. Pedersen has stated. However, in addition to what he has advised, I suggest you log on to the website of the Federal Equal Employment Opportunity Commission (EEOC) [https://www.eeoc.gov/] and browse the remedies offered to workers in your situation. For example, you... Read more »

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1 Answer | Asked in Civil Rights and Constitutional Law for California on

Q: What's the law in California my constitutional rights

I just want to no

Louis George Fazzi answered on May 9, 2019

Well that is an awfully broad question. I recommend you read the Bill of Rights, which are the Amendments to the Constitution of the United States of America, primarily the first 9 amendments.

They are as follows:

"AMENDMENT [I.] Congress shall make no law respecting an...
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1 Answer | Asked in Civil Rights and Education Law for California on

Q: Can I use a recorded conversation as evidence against a school and school district?

I recently had a meeting with the principal and superintendent of my sons school regarding targeted, segregated, bullied, harassed, stalked, discriminated against and illegally searches my son has received several times by a female staff member. I brought a witness to this meeting who wanted to... Read more »

Louis George Fazzi answered on May 4, 2019

You should immediately see a lawyer competent to handle school district and issues like yours, and place the recordings (or copies thereof) into the hands of the attorney for safekeeping until she can determine what to do with them. But do not relinquish control over the originals in your... Read more »

1 Answer | Asked in Civil Rights for California on

Q: How do I get a surveillance video to sue 7/11 and the Orange County Sheriffs Department for discrimination?

I was wrongfully accused of stealing. Denied information on who was in charge of the store and how to get a hold of them. The Sheriffs were called and they proceeded to temporarily detain me. Take the change from my pocket and throw it on the ground. Tell me that if I wanted my change to pick it... Read more »

Louis George Fazzi answered on Apr 26, 2019

Start by retaining the services of a good civil rights lawyer. The first thing s/he will ask you is, what are your out of pocket damages as the result of the conduct of the people you want to sue. That is the measuring stick by which most good lawyers determine which cases to take. Your attorney... Read more »

1 Answer | Asked in Civil Rights for California on

Q: The United states supreme court ruled panhandling is covered by the first amendment can i sue if arrested for doing so .

Can i sue the city for violating my constitutional rights .

Louis George Fazzi answered on Apr 17, 2019

That depends on the facts and circumstances of your case. Since you didn't provide any, it's rather difficult to say.

1 Answer | Asked in Civil Litigation for California on

Q: Hi, I have a medical practice and was recently served with order to garnish wages by sheriff.

The employee listed is my wife who has never worked at our office or ever on payroll, how do I respond? Pls help

Louis George Fazzi answered on Apr 11, 2019

You must comply with the court order. You can afford the services of a local attorney to advise you more appropriately on the details of the matter, but as a practical matter, if the person whose wages are to be garnished is not an employee, then you should not have any wages to garnish. Best... Read more »

2 Answers | Asked in Employment Law for California on

Q: Can an employer require me to use PTO while receiving the California Paid Family Leave benefit from SDI?

I will be taking time off per FMLA/CFRA and my employer is based in NY but has an office here in CA.

1) Can they require me use PTO for the 6 weeks I will be collecting the California Paid Family Leave (PFL) benefit from the State Disability Insurance program?

From reading 29 CFR... Read more »

Louis George Fazzi answered on Apr 11, 2019

You must read 29 CFR 825.207 (a) and (b), which seems to indicate that the employer may require you to apply for the California paid leave if you want to be paid during your FMLA leave, which is otherwise unpaid. As I read it, you are entitled to FMLA leave, which is normally unpaid, but as a... Read more »

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1 Answer | Asked in Insurance Bad Faith for California on

Q: Filed a claim for MRSA 2011 that was approved, then 2014, 3 surgeries to save my arm from MRSA , denied my open claim

I filed a claim which was accepted. The MRSA continued, and I was treated for numerous infections until 3/2014, when I was hospitalized with MRSA SEPSIS. Hospitalized for 3 1/2 weeks in ICU, recovering from 3 emergency surgeries to save my infected arm. I reported my condition to my employer,... Read more »

Louis George Fazzi answered on Apr 6, 2019

You need a worker's compensation attorney immediately. You should have no problem finding one near your work.

1 Answer | Asked in Civil Rights for California on

Q: I need to make a third party claim to money that sheriff Dept levied upon. Due to parent name on my HS acct.

As person other then the judgement debtor. I need guidance with letter to release funds of my bank acct. And deny an obligation levied upon

Louis George Fazzi answered on Apr 6, 2019

Insufficient details are given to allow me to provide any meaningful advice. I need a detailed account of what transpired from beginning to end. You can find my questionnaire at http://www.louisgfazzi.com/forms/

Cut and paste the link into your browser, then Select the General form, fill it...
Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for California on

Q: What rights does a human research subject have when it comes to community engagement?

If I’m a human research subject who has never given consent to be a part of research or been formally explained as to how long the research will last, the research being done or anything about it and have never had a competency assessment to check my ability to be competent enough to give my own... Read more »

Louis George Fazzi answered on Apr 3, 2019

I can't even understand your question.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for California on

Q: Civil Appeal pending. 4/2 served Notice to Vacate. Given 5 days. Unable to meet that deadline. OPTIONS???

Louis George Fazzi answered on Apr 3, 2019

I have so many questions that need answering before I could even attempt giving an opinion. Does the civil appeal have anything to do with being served a 5 day Notice to Vacate (or Quit)? What is the basis of the Notice to Vacate? Unpaid rent? Something else? Options available depend on all the... Read more »

2 Answers | Asked in Civil Rights and Constitutional Law for California on

Q: what type of lawyer takes civil lawsuits to sue an attorney for misrepresentation and much more...

Louis George Fazzi answered on Mar 23, 2019

You must be thinking of a legal malpractice attorney. Just do a Google search and you will be able to select from a wide variety of different firms and attorneys who can help you. Most offer free consultations.

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1 Answer | Asked in Insurance Bad Faith for California on

Q: Interrogatories 4.1 and 4.2 The only insurance I have is HO and medical is my answer no?

I am the plaintiff in a suit against my former homeowners insurance for breach of contract and breach of implied covenant of good faith. Defense has served two sets same question, first set INCIDENT is " fire" and second set defines the suit above.

Louis George Fazzi answered on Mar 22, 2019

Shouldn't you be asking this question of your attorney? He or she should be assisting you in responding to the form interrogatories. These two form interrogatories ask for insurance or self insurance for liability, such as cases for car accidents. Specifically, the interrogatory seeks to know if... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Civil Litigation for California on

Q: Hi, Article 1 of the California Constitution says: Californians have "inalienable rights". Who protects these rights?

Some attorney says those rights are not guaranteed. Are they right?

Is it necessary any additional guaranties?

Louis George Fazzi answered on Mar 22, 2019

It is up to each citizen to protect his/her own rights. In order to do that, we all need to know what our rights are.

Rather than relying on "some attorney" out of context with your thinking or beliefs, read the California Constitution itself. It is freely available in any library or in the...
Read more »

1 Answer | Asked in Civil Rights for California on

Q: Can schools have cops remove a citizen from nearby park " with them committing an illegal act

Louis George Fazzi answered on Mar 18, 2019

There is not enough information provided to allow me to make a reasoned conclusion. You need to provide a lot more detail, such as who, what, where, when and how did the incident happen. Who requires you to identify all the people involved; what requires you to state everything that happened, from... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for California on

Q: If I get fired does the company I work for have to pay me for any accrued vacation

I have been at my job for 11 months. Our company policy states we accrue vacation time every pay period but can't use it until we have been there at least 1yr so if they fire me before my 1 yr mark am I entitled to be payed for all my accrued vacation time I have earned?

Louis George Fazzi answered on Mar 16, 2019

It seems from what you've said that you don't "earn" the vacation time until after you have worked for one year. This means that the vacation pay doesn't "accrue" until after you have been employed for one full year. In other words, the vacation pay only becomes "vested" (i.e. you have the right to... Read more »

1 Answer | Asked in Civil Rights, Communications Law and Internet Law for California on

Q: Is it legal for police to use dispatch records to expose someone when there isn’t a crime committed?

I called dispatch and gave my name. I then created an anonymous email account and contacted city council. A police officer wrote back (CCing the city council) and addressed me by name, which was given to police dispatch. is this legal? I feel that I’ve been targeted unfairly and the officer had... Read more »

Louis George Fazzi answered on Mar 16, 2019

Insufficient information to offer any kind of sound advice.

1 Answer | Asked in Civil Rights and Constitutional Law for California on

Q: I have a disability rights advocate that I believe is now working against me. Can I go to court over this?

My advocate has stopped calling and emailing with no reason as to why, however, I know she's seeing all emails and are in contact with the agency I retained her help for in getting what I need for my employment goals.

Louis George Fazzi answered on Mar 16, 2019

Get yourself another advocate. You have no idea what has happened to your advocate. Maybe she was ill or in an accident. Before you even think about other remedies, find out what you can about your existing advocate, then take the appropriate action.

1 Answer | Asked in Civil Rights, Constitutional Law and Small Claims for California on

Q: If I live in a house with someone who lost a lawsuit and owes a huge debt if they raid his house can they take my stuff

I live with my girlfriends family at her grandparents house and he just lost a lawsuit for his restaurant so they raided his restaurant to pay the debt if can they raid the house and if so can they take my stuff to pay his debt since its on his property

Louis George Fazzi answered on Mar 16, 2019

The short answer is no. You haven't said whether his business was sued or if your wife's grandfather was sued personally. In either event, his creditors cannot satisfy a judgment against anyone but the named defendant against whom they won the judgment, out of his or the judgment debtor's property.

1 Answer | Asked in Civil Rights for California on

Q: Sac county rhip came to a non rental house Said back patio didn't have permit spent $3000 but there was a permit

Louis George Fazzi answered on Mar 6, 2019

Insufficient information on which to provide a response.

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