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Questions Answered by Charles Candiano
1 Answer | Asked in Employment Law for Illinois on
Q: Hi !! I have been working in a company from last one year the terminate my services today for a very lame reason !!!

I was issued a warning from 27th October 2020 which was ended on 26 dec 2020 in the written document and yesterday I was told that the warning was never ended and they can terminate my services for no serious reason .

Charles Candiano
Charles Candiano
answered on Apr 13, 2021

Illinois is an "at will" employment state. This means that you can quit your job at any time or your employer can terminate your job at any time with no obligation to state the reason for the dismissal or termination. The only restriction and termination is that you cannot be terminated... View More

1 Answer | Asked in Employment Law for Illinois on
Q: Was i supposed to get paid from employer if they told me to quarantine when husband tested positive for covid?

I tested negative.

Charles Candiano
Charles Candiano
answered on Apr 13, 2021

Your employer had absolutely no obligation to pay you during a period of quarantine. You're expected to live, sleep, and eat in close quarters with your husband who was sick. If you have never heard of Typhoid Mary, Google it. Your employer has to protect your fellow employees and has to pay... View More

1 Answer | Asked in Employment Law for Illinois on
Q: Can I be forced onto another shift & fired for not agreeing to move?

I spoke with management and they agreed I can move to first due to my childcare situation.

Fast forward to this year I was injured and since then they’ve been looking for reasons to let me go. I returned back to work and they said I have to move to second shift or else they will deem it... View More

Charles Candiano
Charles Candiano
answered on Apr 13, 2021

Your question is governed by your employment agreement, not by state or federal law. The only way for you to answer your question is for you to read your employment agreement or your collective bargaining agreement if you belong to a union.

1 Answer | Asked in Workers' Compensation for Indiana on
Q: Do you have to sign medical history consent to be paid work comp benefits?

I injured my shoulder, never injured before. MRI shows tear, company has suspended my family insurance, work comp insurance pressuring to gain authorization to investigate past medical history or possible denial of claim, their words in print. I'm not sure how to proceed. Work for biggest... View More

Charles Candiano
Charles Candiano
answered on Apr 12, 2021

The WC carrier has a right to your current medical records. Why do you care if they access your past medical records? They are of no use to the carrier if they are unrelated to your work injury and the carrier has a duty to protect them. In Indiana, the Workers' Compensation carrier has an... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: My friend was driving my car he got a dealing in possession of methamphetamine charge they found drugs on the floor

Does that make it mine because it's my car I got a possession charge probable cause charge so far

Charles Candiano
Charles Candiano
answered on Apr 7, 2021

"Possession" means that something is "within your scope of control." It has nothing to do with "ownership." Drug laws intentionally make NO DISTINCTION between possession and ownership because it is contraband - illegal to have it - irrespective of whether it belongs... View More

2 Answers | Asked in Traffic Tickets, Car Accidents and Insurance Defense for Illinois on
Q: I'm uninsured and someone lets me drive their car also is uninsured, i got into totaled the car, i do i have to pay?

got into an accident and totaled the car*, is it required to pay them?

Charles Candiano
Charles Candiano
answered on Apr 13, 2021

Pay who?

Other Car

If you were at-fault and anyone was injured or any property was damaged, you are responsible for all damages and injury that flowed from the accident. If there was another car involved and that car had insurance, it would have filed a claim under its uninsured...
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2 Answers | Asked in Contracts, Employment Law and Employment Discrimination for Illinois on
Q: Can my job fire me for not telling them I have a mental illness?

They made us sign a paper saying that I must disclose all medical conditions including mental illness and if I withhold any information and they find out I could get fired. So if I were to show up to work and told someone I had depression they said that they could fire me for that. But is this even... View More

Charles Candiano
Charles Candiano
answered on Apr 13, 2021

Your question isn't about employment law. Rather, it is about contract law. So long as the subject in terms of the contract do not involve contraband or other illegal activity, it has long been established that a person's right to contract is unlimited. Nobody "makes" you do... View More

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2 Answers | Asked in Bankruptcy and Car Accidents for Indiana on
Q: First I am a disabled man that was just in an accident w/o insurance and at fault on 2/19/21(3 days before my birthday)

I'm also htv from dui's. This is the fourth time caught w/o insurance. I've already called down state to see what with them is going to happen with my license. 1 year suspension, 3 years Sr 22 insurance, and a $1000 reinstatement fee unless the judge does something else. I'm... View More

Charles Candiano
Charles Candiano
answered on Mar 7, 2021

At present, you have no real options. Telling the Court that you are on a fixed income and disabled only gives the Court two more reasons why there is no compelling reason to give you a special privileges license. You will eventually need to file for Bankruptcy protection once the insurance claim... View More

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2 Answers | Asked in Traffic Tickets, Appeals / Appellate Law and Car Accidents for Indiana on
Q: is hitting a dog reason for license suspension in Indiana?, I found out I was suspended for an accident i wasn't in

was suspended for an accident involving a dog I wasn't involved in or even knew of...i got 8 kids, i cant afford this , what do i do now pro se?

Charles Candiano
Charles Candiano
answered on Feb 7, 2021

In law, a dog is a chattel (an animal that constitutes property). If you leave the scene of an accident involving property damage and fail to contact either the owner of the property or law enforcement in Indiana, you commit Class B Misdemeanor which is punishable by a fine of $1,000 and/or... View More

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1 Answer | Asked in Contracts, Criminal Law, Civil Rights and Sexual Harassment for Illinois on
Q: RE: Surveillance Abuse, police negligence, police harassment, espionage, radiation poison and Sexual Assault via device

I'm a whistle blower who worked in the radiology department at Mercy Hospital in Creve Coeur, Missouri. I have been a victim of surveillance abuse since 2017. What do I do when being denied an attorney and police are neglecting me?

Charles Candiano
Charles Candiano
answered on Jan 24, 2021

You need to re-post this under Missouri Law because the events took place in that venue.

1 Answer | Asked in Criminal Law, Juvenile Law and Sexual Harassment for Illinois on
Q: Can the parents of a "victim" of statutory rape press charges against the "offender" after the "victim" turns eighteen?

Suppose that two teenagers in Illinois (one fifteen and one seventeen) are caught being intimate by the police. The fifteen-year-old, though not yet the age of consent, was not threatened, pressured, or forced into this act by her seventeen-year-old boyfriend; they both went willingly out of mutual... View More

Charles Candiano
Charles Candiano
answered on Jan 24, 2021

On your facts, the only criminal offense with which the boy could be charged is "sexual abuse" which is a class A Misdemeanor. The boy can only be charged by the State's Attorney. The girl's parents may make a request that charges be filed but whether to charge someone with any... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Illinois on
Q: Belleville, Il. 62221 of St. Clair County. Question: Will get paid comp from missing 4 days of work (Covid 19)

In regards to being paid by worker's comp.

Charles Candiano
Charles Candiano
answered on Jan 24, 2021

If you contracted Covid-19 as a front-line worker, you enjoy a rebuttable presumption that it was work-related. Once that is proven, it is the same as any other Workers' Compensation claim. In Illinois, an injured worker is not compensated for the first three days that they must be off work... View More

1 Answer | Asked in Car Accidents for Indiana on
Q: If someone was involved in a hit and run and person who owned the vehicle told him it was you driving and you were not

There is a witness to who was actually driving the car. I'm being charged with out ever getting anything from the police or talking to the police. And both insurance company are holding me responsible through hersay

Charles Candiano
Charles Candiano
answered on Jan 24, 2021

If there is an eyewitness who can exonerate you, plead "Not Guilty" in Traffic Court and subpoena the eyewitness. The judgment of the Court will satisfy the insurance company. You say that you "[Never got] anything from the police." Is that because you live at an address that... View More

2 Answers | Asked in Car Accidents for Illinois on
Q: Can a 17 year old get sued / law suit on them ? Is that legal ? I am really scared, a minority and need advice
Charles Candiano
Charles Candiano
answered on Jan 24, 2021

You absolutely CAN be sued but it is silly to contemplate suit, just turn it over to your insurance company. If you do not have insurance, you owe whatever damages the other driver and occupants can prove. Under the circumstances, the other driver will process a claim through the uninsured... View More

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1 Answer | Asked in Bankruptcy, Criminal Law, Products Liability and Workers' Compensation for Illinois on
Q: What should I do to get my money back from the seller who owes me money?

It is a long story, but basically I was selling an item through an app with a protection policy of as long as you buy through the app then you are safe, but recently I got tricked into thinking this guy used the app to purchase some items to me, but he didn't and sent a fake email as... View More

Charles Candiano
Charles Candiano
answered on Jan 17, 2021

Nothing in your question makes any sense. Perhaps you are not fluent in English. I have used PayPal since 1999. When someone pays you through PayPal, you receive an email confirmation AND the funds are IN YOUR ACCOUNT. In the days before PayPal, when you won an auction on eBay and paid by... View More

3 Answers | Asked in Car Accidents and Traffic Tickets for Illinois on
Q: Why does my daughter have a ticket for an accident where she was the only person or vehicle involved in Illinois

My daughter was traveling through Illinois on her way back to Arkansas from seeing a friend. She Hydroplaned on the freeway after hitting standing water going 55 in a 65 she went off the road and totaled her car and she got a traffic ticket. No other vehicles or personnel were involved. It was... View More

Charles Candiano
Charles Candiano
answered on Jan 24, 2021

If you have an accident, it MUST be reported to the police. Your daughter was probably charged with leaving the scene of a property damage accident. She was NOT ticketed for having an accident. She was probably ticketed for NOT reporting it. Even when the only damage is to your car, you MUST... View More

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1 Answer | Asked in Car Accidents for Illinois on
Q: Got stuck called tow truck, tow driver winches my car out and my car hits his truck and damaged my car, is he liable?
Charles Candiano
Charles Candiano
answered on Dec 30, 2020

Yes. Once he took control over your car, he had a duty to return it in the same condition that he received it.

2 Answers | Asked in Criminal Law, Juvenile Law and Sexual Harassment for Illinois on
Q: Can I go to jail for a crime i did at 12-13 years old?

Would I get charged as a minor or and adult or not at all for a crime that I did around 12-13 years of age, now that ima 17 years, and they reported me at 18 with no evidence, only oral statements?

Charles Candiano
Charles Candiano
answered on Jan 24, 2021

1. NEVER admit to committing a crime in social media.

2. Two years after the commission of a Misdemeanor OR Five years after the commission of a Felony, you CANNOT be charged with ANY crime unless it was MURDER, which has no SOL (Statute of Limitations).

3. The filing of Criminal...
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2 Answers | Asked in Car Accidents and Traffic Tickets for Illinois on
Q: Why is an accident showing up on my driving record? I was issued a ticket, but it was thrown out in court.

A background check reveals the following information: *** ACCIDENT ***

CITATION ISS FOR TRAFFIC VIOLS OTHER THAN SECTIONS 11-501 OR 11-502 OF THE IVC

PERSONAL INJURY ACCIDENT

Can I somehow get this removed? Again, the citation was thrown out in court.

Charles Candiano
Charles Candiano
answered on Nov 17, 2020

The fact that you were cited does not change because you were not convicted. EVERYTHING goes on your driving record, along with the disposition. It cannot be changed, with very rare exceptions like misidentification (i.e. it wasn't you).

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2 Answers | Asked in Car Accidents for Illinois on
Q: I need your advice, Someone ALLOWS you to drive their car. You have an accident. They claim it on their insurance.

The insurance totals it out and cuts them a check for $6300 which goes to the bank leaving them owing $700. They then turn around and say you need to pay them $6000. Does this seem right? Not denying that something has to be paid, but it seems that they are trying to get paid twice. Advice me... View More

Charles Candiano
Charles Candiano
answered on Oct 25, 2020

Assuming that you agree that you were at fault for the accident, you would be obligated to pay the owner of the car $700 as that is the limit of the expense they incurred.

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