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COVID-19 Questions & Answers
2 Answers | Asked in Divorce for New Jersey on
Q: I have been battling a 4.5 year divorce. How do I get out of this? Judge is biased because ex is ill. No access 401k o

I filed a motion in January to finalize the divorce since I don't have access to my 401K. I also don't have access to my children's college funds (they are in college and we need the money). Still no response. During the last ruling, I filed with the appellate court because the judge... Read more »

Bari Weinberger
Bari Weinberger answered on May 12, 2021

Thank you for your question. It’s difficult to give a complete response without looking at the Orders entered in the case. A contested divorce taking over 4 years is not unusual especially if you live in a highly populated county such as Essex or Hudson. Now with COVID the time for completion... Read more »

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1 Answer | Asked in Employment Law, Workers' Compensation and Elder Law for Pennsylvania on
Q: This is extremely complicated and Covid related. At beginning of pandemic all persons over 60 laid off for months

Upon returning - we were required to disinfect all areas between patients with new disinfectants, masks and shields. By afternoon this had me vomiting violently. Sent home on many occasions suspected of infection. Occupational Medicine would not see me. I was consistently approved for time off... Read more »

Timothy Belt
Timothy Belt answered on May 11, 2021

That is indeed a complicated set of facts. It sounds like your doctor has indicated your condition is related to a work related chemical exposure. As such, this may be considered a work injury. If you have not already provided notice to your employer of a work injury, you have 120 days from the... Read more »

1 Answer | Asked in Employment Law for Nevada on
Q: Hair stylist friend fired without being told why she is being fired.

A friend of mine who is a hair stylist was recently fired from her job without being told why, she got COVID a few months back and when she returned everyone was mad at her and wanted her fired, she attempted per her boss to fix the issue and noone would talk to her, now she was given a notice is... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on May 11, 2021

Unfortunately, employers are not required to provide a reason for termination in at-will employment states. However, if your friend suspects she was fired because she had COVID or for a discriminatory reason (i.e. based on race, sex, age, disability, or religion), then she should consult a Nevada... Read more »

1 Answer | Asked in Child Custody for Louisiana on
Q: I want to shorten the agreed visitation time because my child is not being well taken care of.

The agreed visitation time is two weeks due to the father work schedule. The recent visit took a turn for the worse and I saw how sick and unkept ,without my knowledge, his heat rashes and eczema has progressed, as well as a peaking cold. His father left him to visits his girlfriend and left the... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 11, 2021

1) Get your child a Covid vaccination if over age 12,

2) if you have a judgment, you will have to hire an attorney to change it and can be held in contempt if you don't follow it in the mean time.

3) if you don't have a judgment, hire a custody lawyer to get one Nd you can...
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1 Answer | Asked in Criminal Law for Texas on
Q: How long does it take to get a dismissal for a misdemeanor criminal case? (Lowest possible criminal crime)

My friend was arrested in November 2020 is put on bail and has a court appointed attorney. The last thing he heard from the attorney is that it looked like it may be dropped because the plaintiff isn't responding to them. This was a month ago and the attorney also said he had 5 other cases in... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 10, 2021

Wow, complaining about a free attorney? Beggars can't be choosers. It isn't the defense attorney's decision when or if the prosecutor dismisses the case. Sure, the defense attorney can attempt to INFLUENCE the prosecutor but ultimately if you have a stubborn prosecutor sometimes... Read more »

1 Answer | Asked in Child Custody and Domestic Violence for New Jersey on
Q: I recently applied for my firearms license in NJ. I was denied due to my "violent and aggressive history."

I've been in a relationship for 6 years now and he had a nasty divorce/custody battle in the first three years. His ex-wife filed multiple false police reports against me thinking that it would sway the custody verdict but she ultimately lost custody. In one of the reports, she coached her... Read more »

Richard Diamond
Richard Diamond answered on May 10, 2021

I would contact your local police chief and / or the county prosecutors office and ask for the background search material and the source[s] giving rise to the concerns voiced about you. The less confrontational you are with them, the more likely they will be to provide the information sought (... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: friend made parole release 5/21 , got caught w drugs moved to g4 , no store , no ecomm , has to Do 6mth class now aug

Can they hold him that much longer why can’t they start class now instead of august how much more can they take from him he caught COVID in there

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on May 9, 2021

Sounds like he's somehow been enrolled in SAFP, an in-custody drug rehab. If you are saying that he can't begin the program until August, then that means that there isn't an available spot and he has to wait in line, while in prison, in order to get into the program and then... Read more »

2 Answers | Asked in Immigration Law for Florida on
Q: I-485 Application. We haven't heard from USCIS since August 2020.

I'm a US citizen. I've submitted an I-485 adjustment of status family-based for my wife on August 11, 2020. We've got the I-797C notifying me that process is in course at the National Benefits Center. I haven't heard from USCIS since then. We haven't even gotten the... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on May 7, 2021

Adjustment of Status through a spouse is taking longer than normal since COVID. This is because many offices closed for a while resulting in backlogs.

If your wife has been previously fingerprinted by the USCIS, she may not receive a bio appointment and they are using her previously take...
Read more »

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1 Answer | Asked in Employment Law for California on
Q: I’m being terminated at my job because I got a covid19 test at a medstat clinic for taking time off with flu-like sympt

I’m being fired because I didn’t inform them medstat had made me take a Covid test. Took my test 3/16, informed boss of positive results 3/22 when they came in.

Neil Pedersen
Neil Pedersen answered on May 7, 2021

You have asked no question. If you are wondering if it is lawful for your employer to terminate you because you did not disclose that you were having flu-like symptoms until 6 days later after you got the test results, the answer is yes. In this pandemic, employers have the awesome responsibility... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: Does hicks rule apply only in circuit court or also district court
Mark Oakley
Mark Oakley answered on May 7, 2021

The Hicks court opinion (from which the "rule" gets its nickname) only applies to the circuit court criminal rule of procedure that contains the 180 day trial deadline limit, and there is no corresponding 180 day deadline for trial in District Court, so no, the rule only applies in... Read more »

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: During the pandemic can a judge order the tenant to be out in 10 days cuz the landlord wants possession of property
Brent T. Geers
Brent T. Geers answered on May 6, 2021

Yes. There are specific criteria and a process to be completed to prevent eviction during COVID-19. And unless the tenant qualifies, evictions can still happen.

1 Answer | Asked in Employment Discrimination for Maryland on
Q: I am being pressured by my employer to receive the Covid19 injection against my will. What is my recourse?
Mark Oakley
Mark Oakley answered on May 6, 2021

Although the EEOC has not directly answered the question, it appears vaccine mandates by employers are permissible, subject to some obligation to accommodate an employee's religious beliefs or disability (under the Americans With Disabilities Act) that precludes their vaccination. If an... Read more »

1 Answer | Asked in Employment Law for California on
Q: Can I sue my manager for hipaa violation?

I took a covid test and my manager sent me a text saying she “snuck on the covid site and seen my results” without me asking her to do so.

Neil Pedersen
Neil Pedersen answered on May 4, 2021

No. HIPAA is a medical provider and insurer statute, not an employer statute. However there are laws that protect an employee's medical privacy. That said, in today's climate there is nothing unlawful about an employer knowing your status as infected or not with the virus. Anyway, the... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Seller of a rented home wants the buyer to take over as tenant 30 days after closing. What can new owners do to renters?

Seller says a 90 day notice to vacate will be given once the house closes. I don't think the renters are paying rent but I am not sure. Is there anyway to get them to vacate by offering money to leave the rental once we take ownership without having to go through an eviction? How long could we... Read more »

Gregory L Abbott
Gregory L Abbott answered on May 3, 2021

Sure - anything (more or less) that you and the tenants can agree to is likely to work - bribery has long proven an effective way to accomplish some goals. BUT if you are the buyer, with all due respect, you are crazy if you don't make the seller getting the tenants out (instead of you) as a... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Please letting is know how to legally avoid to pay the reallocation assistance fee to tenant under the below situation?

We are the landlords of a house that has rented to tenant in Portland. The original lease date was on October 01, 2018 to October 01, 2019. After the leasing ended, we renewed the lease with tenant and the lease would end on April 01, 2021. However, on March 15, 2021, we sent to tenant a lease... Read more »

Gregory L Abbott
Gregory L Abbott answered on May 3, 2021

You appear to be just racking up potential violations that may come back to haunt you. You don't say what the existing/now expired lease provides regarding renewal but within the City of Portland, a landlord is required to offer a renewal lease unless you meet specific criteria. And in all... Read more »

3 Answers | Asked in Estate Planning for Maryland on
Q: my mother is in the hospital incapacitated. she does not have a will. we're five siblings. we need a power of attorney

mom is physically unable but has retained some cognitive responses. she's unable to speak, only nods her head. we need help from willing attorney to come to the hospital in Germantown.

Mark Oakley
Mark Oakley answered on May 3, 2021

If she’s mentally competent she can sign a will and powers of attorney (Health Care POA and financial/general) but it gets tricky organizing witnesses and a notary public (for the POA) at a Hospital during covid. It can be done. Contact an experienced attorney who is willing to make Hospital visits.

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1 Answer | Asked in Contracts, Criminal Law and Real Estate Law for California on
Q: Landlord ?: can I technically give “1 day leases” with 0 tenant/landlord obligations to have a gathering during covid?

Technically couldn’t I give unlimited leases just for one day to have all attendees be considered “household members”

William Stanger
William Stanger answered on May 3, 2021

The one day lease isn't the problem. A contract (including a lease) is not valid if it has zero obligations. You are also limited in the number of legal tenants to two per bedroom. Further, it seems likely that such a lease would be deemed to have an "illegal purpose" and be void... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Neighbors turning on double flood lights which trespass directly into my second floor apt, all the way to my back wall.

I had a problem ten years ago, and now it is happening again with new tenants in this rental home property across the street. I alerted said neighbors to the issue, they explained homeless are trespassing onto the property. They turned on porch light and shut their gate for a few weeks. Now, the... Read more »

William Stanger
William Stanger answered on May 3, 2021

Depending on where you live, it may be a violation of a local law and contacting the City and waiting would be your cheapest option. I would also expect that you have a claim for private nuisance against the neighbor, and you could seek an injunction, but that would be expensive.

1 Answer | Asked in Employment Law for Michigan on
Q: Company keeping vacation time. Is this legal?

Company is based in Florida. Company asked employees to take vacation time (without taking days off) last year to “get the dollars off the year end books” with a promise to make it up to employees post-pandemic. Just announced everyone who gave up time will get 2 additional days this year, but... Read more »

Michael Zamzow
Michael Zamzow answered on May 3, 2021

From the employee's perspective, it depends. Generally the employer and employee can agree to modify the employment relationship anytime.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: what happens after lease is terminated but tenant didn't move out.

I am the landlord, lease is terminated with tenant. My lease has plenty for terminating early and hold over fee as well. I notified my tenant with letter and email. He acknowledged. He didn't move out since he wasn't able to get a place. I let him stay due to covid. Know he give me 60... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 3, 2021

You have made a mistake. Hire a competent attorney to file an eviction action for possession only today. You are only loosing rent monies dealing with the tenant in this fashion.

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