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COVID-19 Business Law Questions & Answers
1 Answer | Asked in Contracts and Business Law for California on
Q: Using an online form for contracts but I cannot export clients' answers directly; can I paste their signatures...

I am using an online form software to have customers sign COVID19 declarations (i.e. affirm they exhibit no symptoms). The form supports signatures, names, and other relevant information for a legally binding contract. The form the customers fill out has the contract outlined in it.... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

It would be unwise for you to do anything to manipulate a signature from someone else. Your problem is both a legal one and technical one. You need a better online document. There are currently several platforms available to create the contract with signatures, and I just had to sign several for... Read more »

2 Answers | Asked in Business Law, Employment Discrimination and Employment Law for California on
Q: Does it matter if I “quit” or I am “terminated” after being furloughed due to corona virus? My company wants me to quit

I was laid off due to coronavirus in feb and got a better job during the time off. I was given my estimated start date but I am not going to Return to my original job. My employer is telling employees to resign/quit if they do not want to return. Is either in my best interest? I am enrolled in... Read more »

Neil Pedersen
Neil Pedersen answered on Jun 23, 2020

If you have a new job lined up and do not have to worry about immediately qualifying for unemployment insurance benefits, then the main thing for you to consider is what you want future employers to know about how your employment ended. Quitting to move on to a better job is usually a good thing... Read more »

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1 Answer | Asked in Business Law and Civil Litigation for California on
Q: My business rental is infested with fleas. It is uninhabitable. Am I responsible to pay rent?

We have bombed the location 3 times, treated 5+ and still infested from rodents living under the floor. We're paying rent though still unable to do business because of COVID. But the space has been uninhabitable regardless. Are we still responsible for paying rent if the space is toxic with... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 12, 2020

So sorry to hear about this. The value of the rental directly corresponds to the quality of the Rental, and it sounds like the condition has seriously negatively affected the quality. A rental comes with a "Warranty of Habitability" and if the LANDLORD breaches that warranty, your... Read more »

1 Answer | Asked in Consumer Law, Contracts and Business Law for California on
Q: Does Seller of Travel have deceptive business practice in my case? Should I take a legal action? What do I do?

I booked a full tour package for my family of 4 members in Jan 2020 for Jun 2020 (to 3 countries in Europe). I paid ~5700$ (50% of total cost) as deposit. The flights got cancelled in Apr 2020 due to COVID 19 by the airline. The Travel Agent withheld that info, didn't notified us about the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 11, 2020

Very sorry to hear your travel plans went poorly. No one can give you a definitive answer on how the case will be decided. Typical Attorney Answer: It depends.

First of all you have special protections and rights under the SELLER OF TRAVEL STATUTE, CALIFORNIA BUSINESS AND PROFESSIONS...
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4 Answers | Asked in Business Law and Insurance Bad Faith for Pennsylvania on
Q: I have a small business that has taken a big financial hit since shutting down due to my state’s stay-at-home order.

I have business interruption insurance, which seemed like the right coverage to apply for in light of what’s going on, but my insurance company denied my claim. I read through my policy, which says nothing about a virus or pandemic being an exclusion. Not sure what I’m paying for if this sort... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

1. Ask for them to put in writing the basis for the denial, and to state the policy section and paragraph. 2. To be sure you have what they have, ask for a copy of a)the entire policy b) the application.

2. If you had an agent that sold you the policy, get them to work on it--sometimes...
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1 Answer | Asked in Employment Law and Business Law for California on
Q: Can I be penalized if I quit a job I never officially started due to Coronavirus and they still can’t operate

Can I be penalized if I quit a job I never officially started due to Coronavirus and they still can’t operate but they were paying me a small amount of hours for 6 weeks. I have a new job offer possibly and want to resign this position never worked but want to know if I will encounter problems... Read more »

Maurice Mandel II
Maurice Mandel II answered on May 21, 2020

COVID presents a lot of unique problems. Who is it that is going to penalize you? The temp agency?

In California, you are an at-will employee. This means that you can quit at any time, you are not required to give notice, unless you have a contract that says otherwise. From what you...
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2 Answers | Asked in Consumer Law, Contracts, Business Law and Education Law for California on
Q: How should I request a university program in California to return my admit deposit since they have deferred starting?

I was selected in a program that has now deferred their start date due to CoVID. They requested a sizable deposit to secure my position in the program for their initial start date. The program no longer fits my timeline and they have refused to refund the deposit. What can I do in this situation?

John Francis Nicholson
John Francis Nicholson answered on May 20, 2020

I agree with Mr. Kaufman that you may need an attorney to sort this out. However, your question does not indicate whether you have contacted the university directly to find out what there policy is, and what writing is it based on. Some schools have a refund policy based upon a timeline that... Read more »

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2 Answers | Asked in Real Estate Law, Business Law and Landlord - Tenant for New York on
Q: I own a barbershop/salon the landlord wants 2 months of rent I'm suffering by the COVID19 Virus what is the best option?
Elaine Shay
Elaine Shay answered on May 18, 2020

Pursuant to Governor Cuomo's Executive Order, the moratorium on evictions has been extended to August 20th, so there is no immediate threat of eviction. However, the Executive Order does not relieve a tenant's obligation to pay rent.... It just temporarily removes the ability of the... Read more »

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1 Answer | Asked in Contracts, Business Law and Libel & Slander for Oregon on
Q: When a landlord wishes to sell and the realtor uses your name, plus claims you have no lease ?

Oregon commercial lease and a landlord wishing to sell your building and the realtor goes door to door claiming your closing and have no lease when you do. And the evidence was shown to be true and they had 3 law firms try a manmade default what would the law of limitations be time wise and how... Read more »

Gabriel A Watson
Gabriel A Watson answered on May 16, 2020

It will depend on specifics but you could have a number of different claims against the different parties you refer to.

Begin by looking at the terms contained in your lease--or if you do not have a lease there will be other rules that apply depending on the nature of your relationship with...
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3 Answers | Asked in Civil Litigation, Employment Law, Family Law and Business Law for Colorado on
Q: I own a business and employ my husband. His ex is demanding my business records as disclosures. What are my rights.

All business accounts are in my name only. I have a contract showing I purchased the business, not my husband. It is a medical practice. Some of what they are asking for are HIPAA protected. I would not give this information to my husband. The ex-wife filed a motion stating she wants it because she... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on May 13, 2020

Until his ex actually produces a subpoena or some other formal discovery request you don't have to provide anything. Once a formal request is made you would respond under the rules associated with that request. Just explain all the different reasons why the documents are not applicable,... Read more »

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1 Answer | Asked in Consumer Law, Contracts, Business Law and Construction Law for California on
Q: Is there a penalty for backing out of an agreement for an HVAC project that has not started?

I signed a "proposal and purchase agreement" for HVAC work for my home. I signed it on March 15, work is originally scheduled for March 30-April 3 but I had to postpone it until end of April. However, with the economic uncertainty due the pandemic, I might back out of this agreement... Read more »

John Francis Nicholson
John Francis Nicholson answered on Apr 4, 2020

Apparently you did not cancel the contract within 3 days, which, theoretically, locks you into it.

As you know these COVID-19 times are very uncertain, and we don't know how the courts are going to rule on the multitude of cases affected by the pandemic that are now before the court,...
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1 Answer | Asked in Business Law, Employment Discrimination and Employment Law for Utah on
Q: Is my employer required to offer sick pay if I am stuck without a babysitter as schools are shut down?

I am a widower and my son has special needs so I’m wondering about my rights

Rhiannon Herbert
Rhiannon Herbert answered on Apr 1, 2020

This depends on the size of your employer. The Families First Coronavirus Response Act takes effect today, April 1, 2020. Under the Act, employees who are required to stay home to care for children whose schools have been closed due to COVID-19 concerns are required to receive sick pay at 2/3 their... Read more »

2 Answers | Asked in Employment Law, Business Law, Civil Rights and Health Care Law for California on
Q: My company does not comply with the State of California's "Stay at Home" order and is not within the critical businesses

While many of my company's employees have began working from home, a few departments are being required to go into the facility to continue work.

The company is not within any of the critical business sectors outlined within... Read more »

Louis George Fazzi
Louis George Fazzi answered on Mar 21, 2020

First, you should comply with the state Stay at Home order as best you can. If you have a critical position within the company, you should discuss the issue with your immediate management or someone in Human Resources, if there is one in your company. Generally, use good common sense for yourself... Read more »

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2 Answers | Asked in Business Law, Education Law and Employment Law for New York on
Q: If I signed a contract from a school district to coach baseball and district closes b/c corona virus should I get paid

This is a contract for salary

not service. The school shut down the day of start of season

Derek John Soltis
Derek John Soltis answered on Mar 19, 2020

You should read the contract. If it was well written there would be a force de majure clause. The clause let's parties out of the contract for events beyond their control.

The clause may not be in there, and there maybe clauses in your favor, but without reading the contract no real...
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