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1 Answer | Asked in Employment Law, Personal Injury, Employment Discrimination and Libel & Slander for Texas on
Q: A year ago, I discovered my boss was spreading lies to fire/bully me out of my job.

My boss tried to fire me by spreading false rumors that I was threatening and bullying coworkers. She falsely claimed in a group chat with other managers that I was a gangster and mentally unstable. The store HR representative accused me of being a warlock/witch who casts spells. After discovering... View More

John Michael Frick
John Michael Frick
answered on Jun 28, 2024

Employment discrimination requires proof that your employer took adverse employment action against you based upon an unlawful reason such as your race, color, nationality, ethnicity, sex, age, disability, religion, or pregnancy. Your employer can lawfully take adverse employment against you based... View More

1 Answer | Asked in Foreclosure for Texas on
Q: Does an HOA violation survive a foreclosure under Texas law if no lien was filed

There was no fine issued.

John Michael Frick
John Michael Frick
answered on Jun 28, 2024

It depends on the language of the applicable Declarations, deed restrictions, and HOA rules. A lien impresses an obligation, such as a fine, on the property itself and gives a new Buyer notice of that obligation. But that obligation exists notwithstanding the recording of a lien. A fine imposed... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I feel that my previous landlord is charging my family and I wrongly after we have moved out of the residence.

This is what I said to the landlord:

Good morning, I looked over the statement you send my husband and I. A lot of this doesn’t make sense or add up. There is no way we owe the apartments $2,133.45.

We were on no lease agreements and we left 8/1/2024. The amount here doesn’t... View More

John Michael Frick
John Michael Frick
answered on Jun 27, 2024

It would be unusual for someone to refer to someone else as their landlord and to occupy an apartment without a lease agreement of some sort. While it is legally possible to have an oral lease of less than one year, it would be extremely uncommon for an apartment complex to allow someone to occupy... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Can I travel to Puerto Rico on my OPT and return to the mainland United States without a visa?

I have a valid driver's license and EAD card. My visa stamp on my passport is expired for re-entry.

James L. Arrasmith
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answered on Jun 26, 2024

To answer this question accurately, let's break down the key points:

1. OPT (Optional Practical Training) status

2. Travel to Puerto Rico

3. Return to mainland United States

4. Expired visa stamp

Here's the information you need:

1. Puerto...
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1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Business owner Dallas Texas commercial Triple nnn lease agreement. What are tenant expense rights.

This is in Dallas Texas. Need a lawyer to look over my commercial lease agreement - agreement is a Triple nnn lease. I want to know my rights as a tenant in respect to the expenses the landlord says I have to pay and also if I have a say in those expenses such as how much I want to pay, to whom is... View More

John Michael Frick
John Michael Frick
answered on Jun 26, 2024

In a typical triple net lease, a commercial tenant pays a pro rata share of the taxes, insurance, and common area maintenance expenses incurred by the landlord typically based on a ratio of the square footage of the space rented by the tenant divided by the total rentable square footage of the... View More

1 Answer | Asked in Immigration Law for Texas on
Q: My green card was approved in 2022 but delivered to wrong address which is my former address. And, i need to travel out

of country soon. We reapplied for re-delivering green card to my new address. It’s still being reviewed and it’s been 16 months since we reapplied. Is there anyway to travel to out of country ?

James L. Arrasmith
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answered on Jun 26, 2024

I understand your situation and the urgency to travel. Here's some information that may be helpful:

1. Emergency Travel Document: You might be able to apply for an I-131A, Emergency Travel Document, at a U.S. embassy or consulate abroad. This allows lawful permanent residents to return...
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1 Answer | Asked in Car Accidents and Personal Injury for Texas on
Q: Can I seek more compensation after verbally accepting a settlement offer?

I was on a test drive in a car and someone pulled out infront of me . Their insurance has accepted full liability. They called and made me an offer to settle. I accepted verbally but have yet to sign anything. Can I rescind the offer and seek more compensation even though I did agree verbally?... View More

Natasha S. Walker
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answered on Jun 25, 2024

It is possible that you could withdraw your acceptance, but it depends on several factors. How much time had passed between the time the incident occurred and the time the offer was made to you? Were you injured as a result of their insured driver, and if so, did you or were you seeking the... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Lawyer mislead client on a case advising that is was a ticket not a deferred probation. Now on my record

My attorney urged me to sign despite my concerns after charging me 10,000 in advance having done no actual work,

John Michael Frick
John Michael Frick
answered on Jun 25, 2024

he two terms are not mutually exclusive. A case can be the result of a ticket and can be disposed of by deferred probation. T

When a case is a "ticket," that means the defendant has been issued a citation to appear (the "ticket") rather than being placed under arrest...
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1 Answer | Asked in Lemon Law and Consumer Law for Texas on
Q: Ancira sold new car to me but to wait for shipping from other state but I found doc it was here all along - fraud?

After signing bill of sale got approval of credit my bank financing I find online doc through DMV for efile of vehicle test detail mytxcar.org the car was here prior to my going to dealership_ and my history report states " title brand" through tax office here.

John Michael Frick
John Michael Frick
answered on Jun 25, 2024

Was shipping the vehicle from another state a "material" part of your agreement, or was it only incidental? Fraud typically involves a misrepresentation of a MATERIAL fact. Did you justifiably rely on the vehicle being shipped from another state for some reason? How did that reliance... View More

3 Answers | Asked in Car Accidents for Texas on
Q: Can a motion to settle be filed in a bus accident case.
John Michael Frick
John Michael Frick
answered on Jun 25, 2024

What is a "motion to settle"?

Perhaps you mean a motion to dismiss pursuant to the terms of a settlement agreement?

The parties to a case can always settle. In fact, most cases end in settlement between the parties. Sometimes, mediation is used as an ADR method to...
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1 Answer | Asked in Real Estate Law for Texas on
Q: we purchased property in TX in 2022 with house and shop and 11.02 acres. No easement was disclosed for pipeline ROW

The title company claims there is no easement right of way agreement on record with the county, but the ROW agent says the pipeline is going through our property in September!

John Michael Frick
John Michael Frick
answered on Jun 24, 2024

If there is no recorded easement, you have plenty of time to file a lawsuit against the company that is threatening to put a pipeline on your property and to set a hearing for a temporary injunction before September.

Do not wait until it becomes an emergency or it will almost certainly cost...
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1 Answer | Asked in Traffic Tickets for Texas on
Q: If I take a defensive driving course does that make me liable for civil charges In a following too closely ticket?

We were both ticketed. She was originally going to be ticketed for no signal but ended up ticketed for no license after I left

John Michael Frick
John Michael Frick
answered on Jun 24, 2024

No. Taking a defensive driving course should not impact whether a jury finds that you caused a collision by following too closely. Similarly, the other driver being ticketed for no license will likely have no impact on whether she caused the collision.

On the other hand, evidence that you...
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2 Answers | Asked in Tax Law for Texas on
Q: Remote worker outside of state

If I work for a texas company and my residence is still texas. But I work remotely, if I take my laptop and go work, let's say, in South Carolina for 2 weeks. Does that mess up taxes for the company? They are telling me that it does. But that doesnt make sense to me. I'm not moving.... View More

John Michael Frick
John Michael Frick
answered on Jun 24, 2024

You may be legally required to file a nonresident state income tax return in South Carolina. Texas, of course, has no state income tax. Most other US states, however, do. Each state has the power adopt its own laws in this regard. As a result, those laws differ from state to state. If you... View More

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2 Answers | Asked in Tax Law for Texas on
Q: Remote worker outside of state

If I work for a texas company and my residence is still texas. But I work remotely, if I take my laptop and go work, let's say, in South Carolina for 2 weeks. Does that mess up taxes for the company? They are telling me that it does. But that doesnt make sense to me. I'm not moving.... View More

James L. Arrasmith
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answered on Jun 25, 2024

This is an interesting tax law question. To provide a concise answer:

Generally, working remotely for 2 weeks in another state should not significantly impact your or your company's taxes, especially if you maintain your Texas residency. However, there are some nuances to consider:...
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1 Answer | Asked in Securities Law for Texas on
Q: Can financial advisors be personally liable (in addition to their firm) for breach of fiduciary duty/negligence?

Hi, I am conducting some legal research for my firm. I am being asked to determine whether an CFP and Enrolled Agent has individual liability for alleged breach of fiduciary duty/breach of contract?

the situation is that a client is suing the accounting firm for breach of contract, breach... View More

John Michael Frick
John Michael Frick
answered on Jun 24, 2024

There is a reason you are being asked to do this research.

Some courts have held that a financial advisor can, but does not necessarily, owe fiduciary duties to a client. Other courts have held that, like all agents, a financial advisor does generally owe fiduciary duties to a client....
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can I break my lease if the property manager does not fix air?

I live in Texas and the temperature inside my unit reaches up to 81 degrees whenever the outside temperature is in the 90s. My bedroom is hotter than the rest of the unit and reaches 83 degrees. I have submitted a work order to the office and sent a certified letter with photos of the thermostat. I... View More

John Michael Frick
John Michael Frick
answered on Jun 24, 2024

The answer to your question depends heavily on local ordinances and the language of your lease agreement.

People were leasing space to live long before the invention of air conditioning. As a matter of common law and state law, there is no legal requirement that a leased space have working...
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1 Answer | Asked in Family Law for Texas on
Q: Can I emancipate without parental consent if I have another place to reside.

My girlfriend has very mentally abusive parents and she doesn't want to be anywhere near them. She has places she can stay but her main concern is being able to legally emancipate without their consent. They have prevented her from passing school by cutting off all forms of contact with... View More

John Michael Frick
John Michael Frick
answered on Jun 24, 2024

A parent must verify the petition unless both parents are unavailable or their whereabouts are unknown.

Your girlfriend must be at least 16 years of age and living apart from her parents and, most importantly, be self-supporting and managing her own financial affairs. One thing that...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: do court appointed attorneys have to communicate with thier clients

my son was charged with aggravated sexual assault and given 82 years in prison but filed an appeal but his court appointed attorney hasn't communicated at all with him is this normal? i cant afford a private attorney for him I am afraid dead lines will be missed and he hasnt even spoken to him... View More

John Michael Frick
John Michael Frick
answered on Jun 24, 2024

Typically court-appointed attorneys do speak with their clients as needed. Because an appeal must be based on what is already "in the record," a court-appointed appellate attorney has much less need to speak with a client than the trial attorney did. By "in the record" I mean... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Texas on
Q: My patent was denied because the reviewer claimed that if I combined two existing patents.

The reviewer denied my patent once claiming that my idea operated the same way as an existing product, once my lawyer better explained to him how it operates he agreed that he was wrong about it, but came back saying that if I combined two existing patents I could've get the idea to build my... View More

James L. Arrasmith
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answered on Jun 22, 2024

This is an interesting and complex patent law question. To provide a thorough answer, I'll need to explain a few key concepts in patent law:

1. Novelty: For an invention to be patentable, it must be novel (new). If your invention is identical to a single prior art reference, it lacks...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Texas on
Q: i need help finding out if a tire with a neon tread embedded at the legal wear point is patented or not
James L. Arrasmith
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answered on Jun 22, 2024

To determine if a tire with a neon tread embedded at the legal wear point is patented, you'll need to conduct a patent search. Here's a concise approach:

1. Search the US Patent and Trademark Office (USPTO) database:

- Visit patents.google.com

- Use keywords like...
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