Can I file a lawsuit to have a fraudulent w-2 revoked?
I am an independent contractor.My life line during the pandemic depends on gig worker assistance. A company fraudulently re-characterized me as a w-2 employee after I terminated all business relationship with them due to consistent... Read more »
I don't know what claims you could make yourself, but you could report the situation to the IRS. If they claim you were a W-2 employee, they should have been paying payroll withholding, and weren't. That can result in a 100% penalty against the company, and against anyone who had...Read more »
The parents are unmarried & recently separated. I want to make sure that the baby has same amount of time with each other. Because of the pandemic & the winter we are enduring. The father thinks I'm using it as an excuse to alienate. But he works (he has had the past week off cause of... Read more »
Hello, thanks for your question! I would recommend that you reach out to a local attorney in your area soon so that the attorney can learn more about what is going on and advise you as to how to proceed.
The title of your post says "without breaking a court order" -- is there...Read more »
I was recently stopped for an expired registration which if I'm correct right now is not even stoppable offense due to covid-19 and subsequently pulled out and surendered marijuana from my person to the officer he then without saying anything else to be watching his car got gloves one over to... Read more »
You're best legal challenge would be the reason for the initial detention. In Texas a police officer has to have reasonable suspicion that a traffic violation has occurred to pull over a vehicle. If the only reason the officer had to pull you over was the expired registration sticker it may...Read more »
insurance and her mothers rent and taxes. They split and she only allowed him 1 hour on Sunday to see them and only what she said they can do. Now its at 2 hours but he has not seen them in 10 months. He try to call them at the assigned time she gave them but has instructed boys they dont have to... Read more »
Your son needs to hire an attorney to file a suit affecting the parent-child relationship. This will give him an enforceable order regarding visitation and child support. If the mother does not follow the court's order the Judge has the option to give your son extra visitation days to make up...Read more »
A Texas attorney could advise best, but your post remains open for two weeks. As a GENERAL matter in ANY type of case, if an appeal contains multiple elements, courts could rule categorically on them, denying some and affirming others. A Texas attorney who works in Employment Law would have the...Read more »
Your 11 month wait for a disability decision from Social Security is about what I have been experiencing with my clients' cases since COVID. You can either call Social Security and ask about the status of your case or you can go to My Social Security and check for updates online.
The mandatory provisions of the Families First Coronavirus Response Act expired on December 31, 2020. Therefore, if you contracted COVID-19 and were out of work after that date, then your employer would not be required to provide paid sick leave under the Act. However, if this occurred in 2020,...Read more »
My father, who has previously been diagnosed with dementia/alzheimers, is recovering from covid and is having complications. He seems to be having stroke or heart attack symptoms after testing negative and the nursing home he is in isn't fully equipped to handle his recovery in my opinion. The... Read more »
The only way you can obtain power of attorney to act for your father is if he is capable of giving it, and does so. A guardianship requires court action, after proof that your father is unable to make his own decisions. (BTW, "Power of Attorney" refers to the document, not the person,...Read more »
My step daughters mother and her boyfriend tested positive for COVID. My stepdaughter who lives with them majority of the time tested negative in which my husband and I suggested she not stay with her mother if she is negative. But her mom refuses and says she will quarantine with her. She... Read more »
This is a unique problem related to the COVID situation. The Texas Supreme Court has issued a general order that parents are to follow the underlying order regardless of lockdowns and school closures. If a parent wants to deviate from the current order - for any reason including a positive COVID...Read more »
I was informed I had been exposed to the virus. When I told employer they said go home and quarantine immediately for two weeks and get tested. After receiving negative results I contacted immediate supervisor via text. After no response I contacted the owners wife via text stating when I would be... Read more »
It sounds like your employer may have violated the Emergency Paid Sick Leave Act of the Families First Coronavirus Response Act. Subject to some exceptions, employers with less than 500 employees are required to make 80 hours of paid sick leave available for full-time employees, and the equivalent...Read more »
I am going to file for SSDI. Should I apply for unemployment so that I can have income while waiting to hear if I qualify for SSDI? I think I may qualify with a grid rule. I received Workman's Comp for 2 years.
Yes, you can apply and receive unemployment benefits while you apply for SSDI benefits. It is a practical approach. Be aware, however, that there is a contradiction in getting both benefits since unemployment requires you to be ABLE to work and actively look for work, and SSDI approval requires...Read more »
This is a question coming across a lot of lawyer's desks, but there doesn't seem to be a strict answer yet. Maybe you and your landlord can agree to only do virtual showings. Check your contract to see if it says how and when they can show the house.
Bankruptcy since 2018, never missed a payment. Been doing it successfully, but since covid and working directly with covid patients I cannot get extra work since I'm constantly exposed. So I have not been able to get extra work. Now I cant pay my insurance, pay my utilities or my gas to keep... Read more »
If you have been in bankruptcy since 2018 it sounds like you filed under Chapter 13. A chapter 13 bankruptcy can typically be voluntarily dismissed at any time. Although before you dismiss you might explore seeing if you can modify your plan and possibly lower the payment. Under the CARES act, you...Read more »
Judge made rulings (eviction) against petitioner in domestic violence case without any filed legal actions in court (cross- complaint) against petitioner . How often judge made rulings and charges against petitioner without filed legal actions(cases) in court?
In general, a judge might deny a petition that was somehow defective. For example, if the court lacks jurisdiction, or the petition did not state a cause of action, or that it didn't show that the petitioner was entitled to relief.
Evictions are paused in some jurisdictions because of...Read more »
My so cruzs primary parent was his dad I have visitation rights nd all that I .I had bad issues with the law and depression. I have been maintaining well now for a long time.i moved to N.C. to have a better life i was going to fight for custody as soon as I had good time without trouble or drug use... Read more »
A Texas attorney could answer best, but your question remains open for two weeks. The short answer to your question is "yes." I know lawyers in the public sector who are exceptionally skillful advocates, bright, hardworking, and dedicated to their clients' interests. They would...Read more »
His dad,worth about 2 mill plus property etc is suddenly been moved into his brothers name and is there laws against this. If hes executor, isn't it his responsibility to provide probate details? . My husband is a jr & he was in the will for sure. His brother wont give him a copy of the... Read more »
A Will has no legal effect until it is submitted for probate. It then becomes a public document. Check with the local probate court. If the Will has not been submitted for probate, hire a local probate lawyer to review the "deeds" and file an application to determine heirship and...Read more »
If the Seller dies before the extension is signed or the sale closes, then you won't be able to close until someone is appointed by the Probate Court to act for the Seller - either an executor of the will, or administrator of the estate.
If the closing date has already passed, and...Read more »
The Families First Coronavirus Response Act requires employers up to 500 employees to provide paid sick leave if you contract the virus. If you have been with the company for at least 30 days prior to taking the leave, you should qualify for the paid leave.
She is concerned about contracting the virus and endangering her children and elderly parents. Her job roles only include interaction with patients at check-in from behind protective glass with a mask and scheduling appointments over the phone. No additional compensation is offered and if she... Read more »
If an employee contracts the virus or is seeking a diagnosis regarding whether they have the virus, the Families First Coronavirus Response Act requires employers with up to 500 employees to provide paid sick leave for any time off taken up to 12 weeks. It sounds as though your wife works for a...Read more »
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