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COVID-19 Questions & Answers
1 Answer | Asked in Employment Law for California on
Q: Can an employer withhold promotions or raises because an employee is not vaccinated for Covid-19?

My employer violated HIPAA laws by asking why employees didn’t want to get vaccinated. They are telling our general manager they will not give a raise or promotion unless an employee is vaccinated.

Neil Pedersen
Neil Pedersen answered on Aug 4, 2021

Yes an employer can withhold promotions and raises, and even terminate an employee, who refuses to vaccinate against Covid-19. And it is not a HIPAA violation to ask an employee about why they do not want to vaccinate. HIPAA does not regulate employees, only health care providers and insurance... Read more »

1 Answer | Asked in Estate Planning for Florida on
Q: Is airfare reimbursed if you travel to handle estate business, like hiring an Estate lawyer in Florida?

I travel from New York to Ft.Lauderdale to get the probate of deceased relative started.

Phillip William Gunthert
Phillip William Gunthert answered on Aug 3, 2021

Very sorry for your loss and the passing of your relative, please accept my condolences and sympathy for you and your family at this difficult time. It in most instances is not necessary to travel to Florida to hire an attorney, start a probate or really do anything related to the probate initially... Read more »

2 Answers | Asked in Employment Law for Florida on
Q: Does a manager have the right to shame employee for not getting the Covid-19 vaccine?

I live in Florida and where I work it is recommended but not mandatory to have the Covid-19 vaccine. However, every chance my manager gets she bashes me publicly in front of my coworkers and customers. Saying things such as “ you’re going to be the reason another catastrophe happens”. If the... Read more »

Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on Aug 3, 2021

Good question. While a private employer is permitted to require employees to be vaccinated, information about an employee’s COVID-19 vaccination status is considered confidential medical information under the ADA. According to the EEOC, the ADA requires an employer to maintain the... Read more »

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Can the other parent restrict the other from visitation based on awaiting Covid results? Court appointed
Michael D. Birchmore
Michael D. Birchmore answered on Jul 30, 2021

The best response I can provide would be to tell you -- it depends. The law in general is always going to boil down to precisely what has happened and precisely what has occurred in court and precisely what court rulings have been made. Your question assumes that a "yes" or... Read more »

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1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Florida on
Q: Can I petition for custody of my grandson? Or at least try to get visitations established thru the court?

I had been raising my 6 1/2 grandson all his life. 100% by myself for the past 5 years with no help from his mother(my daughter) or his dad. 3 weeks ago his father showed up with his name finally on the B.C. & they also called DCF making outrageous false allegations concerning my 16yo son. The... Read more »

Camila Martin
Camila Martin answered on Jul 29, 2021

You should consult with an attorney that can assist you after getting more information on your particular case. You could file a Petition for Temporary Custody by Extended Family in Family Court where a Judge will make a determination on whether or not it is in the child's best interest that... Read more »

2 Answers | Asked in Adoption, Child Custody and Family Law for Florida on
Q: Is it possible for a grandparent to get custody of grandchild if for 6 years they were the ones taking caring him?

I have a 6 1/2 yo grandson I have been caring for and supporting all his life. About 3 weeks ago his father showed up to my door with DCF and with his birth certificate. I was told I had to let him go with his father even though the child doesnt even know him. For the past 3 weeks I have been... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jul 28, 2021

In family court (sounds like paternity in your case) there are no provisions for grandparent visitation. The only way that you might be able to pursue this is through dependency court. Look for a family attorney who specializes in dependency in your area that might give you a free or low cost... Read more »

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1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: I applied for covid-19 mortgage relief and now face property foreclosure. How do I avoid losing my home???

I was able to resume monthly payments, however, new mortgage service has denied me a repayment plan and refinance option.

Leon Bayer
Leon Bayer answered on Jul 27, 2021

You should have an immediate conversation with one or more bankruptcy lawyers. Chapter 13 bankruptcy is designed to give you up to 5 years to catch up your mortgage, all the while protecting you from foreclosure.

1 Answer | Asked in Personal Injury, Car Accidents and Small Claims for Florida on
Q: I finally got a court date for a small claims case. Would I be able to request to appear virtually? I'm the plaintiff.

I live in Atlanta. The case is in Orlando.

Charles M.  Baron
Charles M. Baron answered on Jul 26, 2021

You can certainly request it, but to find out whether the judge would consider it, call the judge's judicial assistant and ask him/her. You might be required to file a motion to make that request and to set your motion for a telephonic hearing. Or you might be told, "no, you filed suit... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: Can I get fired for not getting the Covid vaccine?
Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on Jul 25, 2021

Under Florida law, private employers generally may require employees to be vaccinated as long as accommodations are made for disability or religious objections, as recently described by EEOC. Under federal law, there have been recent challenges under 21 U.S.C. § 360bbb-3, which addresses the... Read more »

1 Answer | Asked in Divorce and Estate Planning for California on
Q: Mom has dementia. Husband refuses to pay for care. How can she have access to community property to pay for her care?

Due to Covid and mom's progressing condition, she is no longer living with dad in their shared home. Dad controls rents from RE rentals, and has made more money than mom. He will not pay for any care. My sisters and I are struggling to pay for mom's care. I have power of attorney to... Read more »

Julie King
Julie King answered on Jul 22, 2021

I'm sorry to hear about your situation. I am not a family law attorney, but I can tell you this: Your mother owns half of the community property in the marriage and all of her separate property.

Community property is property that was earned during marriage (assuming there is no...
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2 Answers | Asked in Car Accidents for Maryland on
Q: How long before a trial is scheduled for a July 2021 ticket? When I called they are still scheduling 2020 court cases.

I am currently suing the person that hit my vehicle, but didn't want to wait another 6 months to a year before my trial is scheduled. Should I contact my insurance company and pay the deductible to get my vehicle fixed? I have full coverage, but don't have full PIP coverage. I think this... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Jul 22, 2021

It might not be possible to reliably predict when a currently file case will make it to trial. As you know there are meaningful delays due to covid and there could potentially be more. It's a financial decision but you may well wish to pay your deductible and let your insurance company try to... Read more »

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We have rented almost 3 years. In September of 2020 lease changed month to month. Today we got 60 day notice to vacate

Landlord gave us a no cause eviction June of 2020 the day after we paid rent and late fee. When the moratorium was extended she rescinded that notice. A couple weeks ago she mailed us a notice of Rent increase effective Sept 1 but didn't give it to us until end of June, so definitely not 90... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jul 21, 2021

Your landlord's actions appear to be highly suspect but more exact details are needed to know much. Charging a late fee in June 2020 may or may not have been legal (it became unlawful to charge late fees during Covid but I don't recall the effective date off the top of my head). Any... Read more »

1 Answer | Asked in Landlord - Tenant and Estate Planning for Ohio on
Q: My mother wants to kick out my brother who helps take care of her.. she has dementia and alzheimers what can he do

She (my mother) tells everyone that it's his house ...he gives her money when he can hes an artist (tattoo):and covid has put a huge issue as business goes but he does wait on her hand and foot ....can she kick him out with no notice no nothing no eviction papers

Joseph Jaap
Joseph Jaap answered on Jul 21, 2021

If the proper eviction process is not followed, then he could sue her for unlawful eviction. It sounds like she needs help. If she is not mentally competent, and she has not executed a power of attorney, then someone might need to apply to become her guardian. Use the Find a Lawyer tab to... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for New York on
Q: I live in a non smoking apartment complex. Cigarette smoke in my apartment.

This has been going on since the beginning of this year. Landlord said they could not evict anyone because of covid-19. Second hand smoke is considered a health hazard. I had found that the Landlord can evict someone because of a health issue. How can I have my Landlord to honor there non smoking... Read more »

Elaine Shay
Elaine Shay answered on Jul 19, 2021

It has been extremely difficult for landlords to move landlord/tenant cases forward during the Covid-19 pandemic. For tenants that have filed Hardship Declarations, proceedings are stayed through August 31, 2021, except in very limited cases of extreme nuisance. Not to suggest that the health... Read more »

2 Answers | Asked in Arbitration / Mediation Law, Business Law, Civil Litigation and Probate for Ohio on
Q: I lived with my fiancé for 17 years. We ran a business together out of the house for the last 11 years. She died.

She left the house to her sister. I knew that. However, they took the business name and accounts and took control of the business PO Box and all incoming checks and entered them into probate in Greene Co. Ohio. I subsequently had to file all necessary paperwork and obtain a new federal EIM and new... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 19, 2021

If there is an operating agreement or partnership agreement for the company, you could make a claim for your share of the ownership. If any of your personal property was removed from the house, you could make a claim for return of that. Use the Find a Lawyer tab to retain a local attorney to... Read more »

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1 Answer | Asked in Family Law and Child Support for New York on
Q: I was told I voluntarily left a higher paying job, for a lower paying one to avoid higher support.

I left this higher paying job due to the stress levels and hardships of being understaffed and working mandatory overtime. This job was a new experience to me. I held on for 2 years, until COVID hit, we lost many workers, but kept the same workload. I was approved of a promotion that I didn’t... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jul 17, 2021

You can not voluntarily leave a higher paying job, for a lower paying job and expect a decrease in child support. Your income will be imputed based on your capability to earn, not your current earning. That is the law.

1 Answer | Asked in Criminal Law for New York on
Q: Question about ACD for petit larceny

I received an ACD for petit larceny back around the end of 2019 / beginning of 2020. Along with the usual "don't get arrested again" bit, part of the deal was to complete 20 hours of community service but for reasons including the unexpected arrival of the pandemic, I was unable to... Read more »

Brian Berkowitz
Brian Berkowitz answered on Jul 16, 2021

Thank you for your question. This is not something you want to have hanging over your head and if possible, you should reach out to the attorney who originally handled your case to see what, if anything they can do to help you and answer your questions. If you are unable or unwilling to contact... Read more »

1 Answer | Asked in Immigration Law for California on
Q: My husbands case was sent to NVC. Received 60 day period letter from NVC. Will we be getting interview by end of year?

03/2019 Pardon waiver approved

IR1- both in USA ( I’m a citizen asking for husband)

5/15/2020 Case sent to NVC and completed

5/28/21- received a letter from NVC that our case “ immigrant visa is documentarily complete at the National Visa center ...The next... Read more »

Agnes Jury
Agnes Jury answered on Jul 16, 2021

There is no way to know/predict for sure because it depends on how busy the Embassy is and how fast they are working on catching up with their COVID caused backlog. You can call the Embassy where the file was sent to see if they will let you know the date of immigrant visa documentarily qualified... Read more »

2 Answers | Asked in Immigration Law on
Q: my green card as a parent is in the final stage before interview. my daughter has one more paper to submit.

The RFE asked on March 15 2021 was for a tax paper. I would like to stall the process for a while. How long do i have before i must submit this paper and proceed for the interview and also avoid revokal

The reason is i am winding up and selling my properties which is taking time... Read more »

Agnes Jury
Agnes Jury answered on Jul 16, 2021

You should upload the final document within one year from the time of the request for it by NVC. Any further delay may be problematic. But I hope you realize that due to COVID restrictions and backlogs there may be a significant wait between NVC sending your file to the Embassy (once documentarily... Read more »

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Should I not pay my partial rent as LL failed to fix bathroom ceiling leak problem??

I am a decent tenant paying rent each month and following lease. I live in NJ. I got bathroom ceiling leak problem since 1 month. LL says this is due to tenant living upstairs using extra hose and not keeping bathroom floor dry enough. LL says they tried to request him to remove attachment as... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jul 15, 2021

Open an escrow checking account. Pay into that account an amount equal to the withheld rent on a timely basis. In form the LL that you will release the escrow to him once the necessary repairs are performed. Be sure that the amount of rent withheld is reasonable considering the work to be done.

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