Question not specific. Are you currently in a chapter 7 bankruptcy case? If so, creditors are stayed from collecting from you - no matter what the source of the funds. Upon filing a bankruptcy, any garnishment in place is stopped. Talk with your bankruptcy attorney - hopefully you have one... View More

No, it is not legal.

No for profit employer can have volunteers working for the business without paying them at least the minimum wage and there must be a least two pay days per month. What this employer is doing is clearly unlawful and you as the employee has the right to retroactively... View More

Surprising to hear that Disney took this stance with respect to you. Usually, what the patron wants, the patron gets because an unhappy patron does not return. I would start by sending a notice of rescission to them by certified mail, RRR, stating that you are rescinding the contract on the basis... View More

Yes, you can file an objection based the fact that the Will sought to be proven was in fact revoked by a subsequent Will. You should also file your own petition for probate based on the new Will, the terms of which you’ll need to prove by clear and convincing evidence in the absence of the... View More

Yes.

You are considered to be employed at will. As such you can be terminated at any time and for any reason or even no reason at all. Your employer does not have to have a good reason to choose someone over you when cutting staff. Seniority is not a protected characteristic. You not... View More

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... View More

You can't transfer legal ownership of the property to yourself without a formal court order upon final distribution of the estate and that won't happen until October. The loan by its terms comes due within 1 year of the borrower's death. Keep your lender informed on the progress of... View More

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... View More

In California, covered employers are required to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for certain family and medical reasons, such as an employee’s serious health condition. However, the Americans with Disabilities Act (“ADA”) and workers’ compensation... View More

You are entitled to a full refund of your money. They cancelled and now they cannot reschedule to suit your schedule. You need to send them a letter "rescinding" the contract based on their cancellation and demand your money back within 10 days. If they don't do it, don't... View More

There is a website for the San Mateo courthouse online. You should search for that and find out how they are handling traffic or any kind of case. You may be a lucky one that is caught with the COVID Court closures, and not be assessed for FAILING TO APPEAR, which adds at least and additional... View More

The ticket that you signed, giving your promise to appear, in order to be released will have a date on it by which you need to report to Court. You don't have to go at that exact date as long as you go BEFORE that date to see a Judge for Arraignment- entering a plea. Having said that, the... View More

First, very sorry to hear about your circumstance, it must be very difficult to feel punished while trying to do the best to raise your child, and these are the most difficult times. Few people were trained to be teachers but they now find themselves in the multiple roles of wage earner, teacher,... View More

Whoever told you that is wrong.

The recent $1,200 stimulus check (or deposit) everyone was entitled to receive from the IRS was not a free gift. The payments are legally considered as advances on any tax refund the taxpayer recipient might be entitled to at any time in the future.... View More

Retaliation is not unlawful unless the action that triggered the retaliation was legally protected. Most forms of retaliation in the workplace are therefore not unlawful.

There is likely nothing unlawful about your employer forcing you to get tested as a form of fitness for duty... View More

If you are a properly classified independent contractor, then the terms of your contract control your relationship. Whether either party can change the terms of the contract and when that can happen will also be determined by the agreement. If there is no specified length of the agreement and... View More

Dear cyclist,

Unfortunately, we're missing some relevant information to provide an evaluation. If the bike had a problem that could be fixed under warranty, the business should fix it free of charge. If you simply want to return it, it is reasonable that they have a restocking policy... View More

Yes, that is legal. In California you are considered to be employed at will. That means your employer can change the terms and conditions of your employment at any time and for any reason or even no reason at all. If you do not like the new offered job, you have the right to say no. However,... View More

You are going to get a typical Attorney response to this: I don't understand your question. "High risk" for what? Covid 19? High risk employee? Since you posted in Employment law, I assume are you considered a "high risk employee?" That answer is also- it depends on the... View More

We are involved in times and events that are unprecedented. Employers and employees are left with little to guide them with regarding how to interpret things. And attorneys advising those employers and employees cannot know for sure how the law is eventually going to shake out in these areas.... View More