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COVID-19 Questions & Answers
3 Answers | Asked in Employment Law and Civil Rights for California on
Q: I’m a federal employee and going to refuse the vaccine mandate. If fired, will this violate laws meant to protect me?

Vaccine presidential mandate.

Neil Pedersen
Neil Pedersen answered on Sep 15, 2021

Mandatory vaccination is lawful. It has been since 1905 when the US Supreme Court issued its opinion in Jacobson v. Massachusetts. That decision, although old, has been cited to over 800 times and recently by our US Supreme court in the last two years. You will have no recourse if you refuse to... Read more »

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3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: What are proper steps to take ? Should I get a lawyer first?

So since working for employer I have had missing wages issues that never were addressed after a month of getting the run around I felt hopeless because the clock in were changing when I am well aware of my clock in times. Sunday was my normal schedule day and 4th of July landed on that day I was... Read more »

Niran Grimberg
Niran Grimberg answered on Sep 14, 2021

Under California Labor Code 1102.5, if you complain to your employer about something you reasonably believe to be unlawful, and the employer retaliates against you (in this case terminated you), you may have a case for whistleblower retaliation. I would recommend seeking a free consultation with an... Read more »

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1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: My mother has court ordered visits of one of my daughters, with the rise of Covid again, I'm not comfortable with it

They have 2 grown children who also live in MA and visit them almost daily, but my mother lives in RI. They aren't cautious, but I don't want to be held in contempt. I've offered video calls and outdoor visits, they won't budge. How do I keep my foot down?

Kimberly Erwin
Kimberly Erwin answered on Sep 12, 2021

I don’t know that you can. If the court order was entered after the start of the pandemic, you most likely need to allow visits. If it was entered previous to the pandemic, I would suggest requesting masks (as well as your other requests) be worn in writing. If they refuse, I would document the... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Forcing tenants out of their home (during moratorium) so house can be sold, but then not following through with sale.

Scenario: In Oregon, in 2020 during the moratorium. A landlord made their tenant move out of their home. Because the landlord planned on selling this rental to new occupants. After the tenant is forced out of the house, the landlord infact does not sell the house. But instead rents it out to... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 10, 2021

It all depends upon the exact timing, nature of notice's provided, whether the tenant left voluntarily or was evicted by the court, etc. 2020 contained many alterations of normal landlord-tenant law due to Covid and many changes were temporary, changing one or more times during the calendar... Read more »

3 Answers | Asked in Employment Law, Civil Litigation and Civil Rights for California on
Q: How do I request an exemption?

My employer has switched from voluntary to mandatory vaccination offering religious/medical exemptions.

Neil Pedersen
Neil Pedersen answered on Sep 6, 2021

If you have a medical condition that prevents you from taking the vaccine, get a doctor's note indicating as much and present it to your employer.

If you have a closely held religious belief that prevents you from taking the vaccine, you will need to present that information to your...
Read more »

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1 Answer | Asked in Estate Planning and Probate for California on
Q: How to move past trust administration delays?

My parents passed away just over a year ago in August 2020. My sister is the trustee and I am just a beneficiary. She hired an attorney and we are near the last stage of closing the trust. The law firm is in the process of putting together the accounting and keep telling my sister that... Read more »

Julie King
Julie King answered on Aug 30, 2021

Your sister needs to tell the law firm exactly what you said here, i.e., that they are the cause of the delay and she needs the document by the end of the day tomorrow. Other than that, your sister can just show up at the law firm and take a chance that they're open (due to COVID many people... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: After 5 yrs, our landlord told us we have a month to move out bc he is putting house for sale. Do we have any rights ?

We've always paid our rent even during covid. Is there any rights we have to get at least another month? We have 5 kids and 2 of us. It's hard finding a place now that is 3bd and not ridiculously expensive in such a limited time frame.

Leonard A Englander
Leonard A Englander answered on Aug 30, 2021

The answer is, unfortunately, not really. Landlord's have the right to give notice to a tenant at the end of a lease term. It sounds like you were on a month-to-month lease (correct me if I'm wrong as it would change the case entirely).

However, it's not like they can just...
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2 Answers | Asked in Family Law and Child Support for Georgia on
Q: Can I request a bank statement to show the judge how my ex-husband was able to pay his bills?

My ex-husband filed child support modification due to a job loss, after COVID his company closed, my ex has an engineering degree, 12 y exp, judge ordered him to look for a job we had a court in June before the final hearing. My ex still can't find a job, he’s been out of work for almost a... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Aug 30, 2021

It's possible to subpeona bank records so you can track spending and income. There isn't an easy way to explain the process. You have to issues the subpoenas, give notice to the other side and also know how to get them into evidence.

You should probably hire an attorney to assist you.

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can I sell my property in Harford Co MD when my tenants rent is paid by a rental assistance program during COVID?

My tenants rent is paid in entirety by Baltimore Regional Housing Partnership (BRHP). Our lease is month to month, and states 60 days notice must be given. The lease is between my tenant & I, and does not involve BRHP. I just want to make sure there are no extra COVID laws I need to abide... Read more »

Mark Oakley
Mark Oakley answered on Aug 27, 2021

You can always sell the property subject to an existing lease and the new owner must honor the lease terms and any other agreements you made with BRHP. If you want to terminate the tenant's lease and and sell the property without tenants in possession or subject to the terms of any lease or... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What are our rights here? 90 notice.

Our landlord originally said that he wanted to sell the property and when we refused to have any people come in for showings due to having small children and covid-19 he decided to contact his attorney, which sent us a 90-day notice and a check for 1650.(equal to one month's rent) saying that... Read more »

Gregory L Abbott
Gregory L Abbott answered on Aug 26, 2021

Substantial repairs requiring a tenant to vacate is a permitted reason for a landlord to issue a 90 day no cause termination of tenancy notice. Assuming the Notice contained the required information and was lawfully served, it likely is valid and likely enforceable. IF you move out and the... Read more »

1 Answer | Asked in Child Custody for Louisiana on
Q: I have Joint custody of my daughter, 15 years of age. My ex-wife is the domicile parent. Does my ex have the right to

give my daughter the Covid-19 vaccine against my wishes? My wishes were stated in a message to my ex on OFW, prior to the first vaccinination and again after the first, and prior to the second.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 26, 2021

Yes as the domiciliary parent, she has the right to give your daughter an FDA approved, CDC recommended vaccination which is also recommended by the AMA to prevent potentially terminal disease including: measles, mumps, rubella, polio, meningitis, HPV, pneumonia, chicken pox, diphtheria, pertussis... Read more »

2 Answers | Asked in Family Law for Florida on
Q: If me and my husband are only seperated, can i stop him from seeing our child because he is not vaccinated?

I fear for my 14 month old baby's life, my seperated husband refuses the covid vaccine and if he gets covid, he's putting my baby's life at risk. Can i stop him from seeing my baby unless he gets the vaccine?

Nicole Vette
Nicole Vette answered on Aug 26, 2021

If you disagree on time-sharing you need to file for divorce and ask for the court to order a parenting plan inclusive of a time-sharing schedule. I have never seen the court limit a parent's contact over not having the vaccine and do not think that is a likely outcome absent an extraordinary... Read more »

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Need to evict my rental tenant so my ill in-laws can move into the house, renter will not leave. Need advice

I have a rental home in Washington County, Oregon. He's rented on a month to month lease since 9/9/19. About 5 months ago I gave him a heads up that my in-laws may move back to Oregon and they may need to move into the house and he'd have to leave. I sent him a 60 day notice on May 15th... Read more »

Gregory L Abbott
Gregory L Abbott answered on Aug 25, 2021

Trying to do this yourself without an attorney is fraught with peril. You have already made several serious errors. Notices have to be either 30 days if they have been there less than a year or 90 days with a permitted reason. ALL landlord-tenant written notices being mailed MUST be mailed... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Landlord..If the rental lease expire aug 31 and no rent has been paid in 3 mos can I make the tenant leave

Even doing pandemic….there’s no contract/lease for September

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Aug 25, 2021

You need to give them 7 days' notice that you will not be renewing their lease and they need to vacate as of August 31. If they are not out as of August 1, you can try pursuing summary ejectment, but check the second box on form AOC-CVM-201 which says "The lease period ended on the above... Read more »

1 Answer | Asked in Probate for Texas on
Q: Does an executor have to appear in probate court in person in Texas? The executor of my will lives out of state.

The executor will not be able to travel to Texas.

Isaac Shutt
Isaac Shutt answered on Aug 25, 2021

In ordinary times, yes. However, if the particular court is still doing Zoom hearings due to Covid, then the executor does not need to participate in the hearing in-person. Check with a probate attorney to see how this particular court is operating.

1 Answer | Asked in DUI / DWI for Minnesota on
Q: My fiancé was charged in Minnesota for a DUI almost a year ago, it will be 1 year next month. They are now telling him

They are now telling him he was never booked or fingerprinted. Can he fight that? Or does he have to comply and go in since it was their mess up and he was technically never arrested for the crime.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 24, 2021

Getting booked and fingerprinted is a requirement when someone is charged with a DWI. I’m guessing that didn’t happen because of the pandemic. So he will need to go through the process. It doesn’t take long and he won’t have to spend any time in jail.

1 Answer | Asked in Criminal Law for California on
Q: If my wife or child dies as a result of the spread of COVID via an anti-vaxxer, can I sue for negligent homicide?

This assumes I can genetically trace this particular strain of covid back to the spreader.

Dale S. Gribow
Dale S. Gribow answered on Aug 24, 2021

anyone can sue at any time.

i suspect the issue will be whether you can find a lawyer to handle on a contingency or whether you could afford to fund a lawsuit................AND

whether there would be enough evidence to guess is you would not have the evidence.

1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: I have a 16 yr old granddaughter whom was living with her mother in GA. Her mom kicked her out and sent her to her fathe

To NJ. Granddaughter wants to live with father. Mother refused to send docs to father. As her maternal grandmother can I ask the court for a law guardian for my Granddaughter. Father can't get birth certificate, his name isn't on it. My daughter wants her daughter to live hard. Job corps... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Aug 23, 2021

Thank you for your question. I am so sorry that you and your granddaughter have to go through this stressful time.

The most direct answer is you can file a grandparents rights application and request formal custody of your granddaughter. Then the court can order your daughter to turn over...
Read more »

1 Answer | Asked in Immigration Law for Oregon on
Q: My wife sponsored me for AOS I-485 in the US but she's now on unemployment, can my income be used for I-864?

I entered the US this time on a B1/B2 visa and I wasn't working at the time I got married to my wife and we filed for Adjustment of Status and EAD in June 2019. She made enough money to complete form I-864 on her own. on August 2019 my EAD got approved and I have been working using that EAD... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Aug 23, 2021

Yes. As long as you are authorized to accept employment your income may be used as household income.

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: My tenants lease expired last year in Virginia, so now month to month. I wish to sell the house and have given her a 45

Day vacate notice so I can renovate to eventually sell. Is this legal with current COVID guidelines?

Steven Krieger
Steven Krieger answered on Aug 21, 2021

Selling is not a basis to evict, but the expiration of the lease is a valid basis to evict in VA. If you decide to hire a lawyer to assist with the eviction, I'm sure anyone who responds would be happy to help. Good luck.

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