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COVID-19 Questions & Answers
1 Answer | Asked in Employment Law for Texas on
Q: I recently got demoted due to not able to fulfill all my duties at work due to long covid aftermath, so i resigned. is

I have been medically signpost with depression and many other health issues due to covid aftermath.

John Michael Frick
John Michael Frick
answered on Nov 9, 2022

In the absence of a written employment agreement to the contrary, employment in Texas (and in most US states) is at-will. That means you can resign for almost any reason. It is almost certain that your former employer will not pursue any claims against you under the circumstances.

4 Answers | Asked in Bankruptcy for New York on
Q: I'm trying to find out how to get legal advice on bankruptcy or filing chapter 11 or the best rid of credit card debt

I'm disable with the pandemic that's going on can't afford to pay

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 8, 2022

If you have no assets or taxable income (for example you are on SSI), or very low income, Chapter 7 may be a good option. Alternatively settling the credit card debts individually may be a good option especially by doing so you may be able to damage your credit less, as a bankruptcy will remain on... View More

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1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Is my daughter’s mother allowed to withhold my visitation for COVID scares and positive tests even though I was exposed?

My 4 year old was exposed (supposedly) on Friday, but had surgery on her arm on Saturday, with no precautions taken by the hospital. I spent all day with her and her mother in the hospital on Saturday. Now, the mother states my daughter has tested positive and refused to appear at our exchange... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2022

No. The covid emergency orders explicitly stated that you could NOT do this. If she is doing this in violation of a parenting order then you can file a motion to show cause.

2 Answers | Asked in Immigration Law for California on
Q: I filed an I-130 for my husband, but I missed two interviews. The first one because the notice came late.

The second one due to having covid. It took ages to reschedule that second interview. Now they want evidence for why I missed the second one, but I never went to the doctor and don't have evidence. I think it might be faster to withdraw my I-130 and re-apply. Can I do that.?

Al Parsad
Al Parsad
answered on Oct 22, 2022

Was there a concurrent adjustment of status application filed by your husband? If so, withdrawing could be costly both in terms of money and time. If this was a stand-alone I-130 petition, they don’t usually call for interview unless there is an issue with your personal background as the... View More

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1 Answer | Asked in Employment Law for California on
Q: My employer is trying to force me to resign because I am not boosted when it wasn't a job requirement. Can I sue?

I recently got off the phone with someone from HR at my company and they told me that I need to get the booster or present a negative covid test every 72 hours if not I am will need to submit my resignation. The HR person told me that it is part of working at the company and not just at the... View More

Neil Pedersen
Neil Pedersen
answered on Oct 21, 2022

No one can force you to resign. Resignation is a voluntary act by you. However your employer can terminate you if you refuse to do what is required of you, including getting boosted. You would not have a meritorious legal claim if you are fired because you refused to follow the company's... View More

1 Answer | Asked in Personal Injury and Wrongful Death for Louisiana on
Q: My mother went to a hospital Nov 13 2021. She had COVID-19. She died Dec 7 2021. I believe she starved to death.

I visited every day and not once ever saw a plate in her room. My sister in law was visiting one day, lunch was being delivered to my mom's room, the nurse stopped the delivery lady and stated "don't bring that in there. She don't eat." Radiology was supposed to do a... View More

Tim Akpinar
Tim Akpinar
answered on Oct 13, 2022

A Louisiana attorney could advise best, but your question remains open for a week. I'm very sorry for the loss of your mother. One option is to reach out to attorneys to try to arrange a free initial consult, which is a standard courtesy with these types of cases. If a law firm felt that you... View More

1 Answer | Asked in Landlord - Tenant, Libel & Slander and Personal Injury for Arizona on
Q: can i find a lawyer for litigating a wrongful eviction pandemic on contingency

Greetings, I am seeking representation as a tenant in a wrongful eviction during the pandemic claim. In addition I have numerous claims concerning LTA as well as violations committed by the owner that arise from not visiting the property in decades. The landlord, primary tenant, never gave rent... View More

Tim Akpinar
Tim Akpinar
answered on Oct 11, 2022

An Arizona attorney could advise best, but your question remains open for a week. You are seeking an attorney - it's going to be difficult for law firms here to reach out to you. This is only a Q & A forum, not an attorney referral service. In addition to your own independent searches... View More

1 Answer | Asked in Immigration Law for Hawaii on
Q: Can Canadian citizens leave and return to the US if they are in the process of a visitor visa extension?

I am a Canadian citizen and have been in the US for just over 12 months. I have applied for a visitor visa extension before my 6 months expiration date and was given a biometrics interview, however, at the time my daughter's passport expired and we had COVID and we re-scheduled the... View More

Kevin L Dixler
Kevin L Dixler
answered on Oct 1, 2022

There is something odd about this situation. Usually those who file for an I-539 extension are not required to do biometrics. I sense that the wrong form was filed out, but more information is needed!

Canadians usually have a unique relationship with the U.S. The entry is often viewed as...
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1 Answer | Asked in Family Law and Health Care Law for Puerto Rico on
Q: What recourse toward hospital not living up to father's living will in PR? How do we take him off life support?

My father has been in residence at La Casa Del Veterano in Juana Diaz for many years along with my mom. Sept 24/25 he was taken to Hospital San Cristobal for problems with Covid, where they were told and then provided with a living will by my aunt. They said because it was created in the US, it... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 29, 2022

The Puerto Rico Notary Law, Public Law No. 75 of July 2, 1987, as amended, requires that legal documents authorized by notary publics in the U.S. be legalized by the government institution that authorizes the commission of notary publics in that state. Then, said document should be protocolized by... View More

1 Answer | Asked in Civil Litigation and Municipal Law for California on
Q: I was denied Rent help from an organization because I didn’t look like she wanted a person. Asking for help to look l

I have been ignored have contacted the city of Santa Ana supervisor,congressman ,program supervisor other programs and nothing

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

Different legal aid clinics have received grant funding recently to help those persons harmed by the pandemic. Maybe you should speak with a clinic in your area. If they can't help you, I'm sure they'll be able to connect you with local resources. Good luck. [I litigate cases.... View More

2 Answers | Asked in Employment Discrimination and Employment Law for Texas on
Q: Are employers allowed to force and administer a Covid 19 test
John Michael Frick
John Michael Frick
answered on Sep 21, 2022

No, but they can make it a condition of continued employment under many circumstances. If such a test is “job related and consistent with business necessity,” the employer can require a COVID-19 test as a condition of continued employment. This is largely being interpreted as meaning will the... View More

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3 Answers | Asked in Employment Law for California on
Q: Hello. I’m seeking advice on religious exemption from employers’ vaccination requirement for employment in California.

Currently, I’m in the process of being hired by an airline. According to the airline, “Where permitted by applicable law, must have received or be willing to receive the COVID-19 vaccine by date of hire to be considered for a U.S.- based job, if not currently employed by XXXXX Airlines. ”... View More

Neil Pedersen
Neil Pedersen
answered on Sep 19, 2022

There is simply too many questions in your post to be able to give a competent answer in this short answer forum.

A few things can be said.

First, any company can have a vaccination mandate if it wishes to maintain and enforce one.

Second, the Supreme Court only said the...
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2 Answers | Asked in Workers' Compensation for California on
Q: How does one find a local attorney for a class action 25+ work related, personal injury.

My coworkers and I were placed in harm and contracted the Covid-19 disease causing significant illness.(Hospitalizations) This was as a result of documented and substantiated negligence on their part. How can one find an attorney to take on a case such as this one.

Nancy J. Wallace
Nancy J. Wallace
answered on Sep 14, 2022

This attorney doesn't exist because such a claim cannot exist. Work-related injury MUST go to the Workers Compensation Appeals Board. Work-related losses filed in Superior Court as a class-action or personal injury will be dismissed for lack of jurisdiction. Superior Court judges are not... View More

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1 Answer | Asked in Employment Law for Washington on
Q: Can I take my boss to court?They continue to retaliate against me for medical issues even when they are excused by A DR

I’ve been with this company 2.5 years. I worked 5+ days a week with the “best” and busiest shift. Then, I got covid. My boss continued to harass me to leave my quarantine to buy an at home test even though I provided a positive covid test from the DR 1 day before. When I refused to leave my... View More

Brad S Kane
Brad S Kane
answered on Aug 12, 2022

It is illegal to retaliate against you for taking a protected medical leave, such as taking away your shifts or giving you less desirable shifts. If you have paid sick leave or your employer has at least 5 employees, your short term medical leave is likely protected.

1 Answer | Asked in Employment Law for California on
Q: Can i still collect covid 19 employee benefits for the time i worked for a company tested positive for covid

I was working for a company had tested positive for covid so was out of work for a week. I never collected my covid sick pay benefits. When i was well i decided not to go back to work for this company since my dr said i can easily catch it again working where i work. You see i worked for the dump... View More

Maya L. Serkova
Maya L. Serkova
answered on Aug 10, 2022

In theory, you may be eligible to collect your Covid sick pay retroactively; however, the exact answer will depend on the timeframe you worked for your former employer and whether your employer is subject to the 2022 COVID Supplemental Paid Sick Leave Law.

Covered employees in the public...
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2 Answers | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Can my employer make me get Covid tested weekly even if I don’t have symptoms? I am unvacc. and only one getting tested

-

Michael Zamzow
Michael Zamzow
answered on Aug 4, 2022

I don't believe there is anything suspect about this procedure, more information could tip the scales. The EEOC has published guidance on this and on mandatory vaccinations.

I would be curious to hear what an infectious disease physician would say. But from my perspective, on the...
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1 Answer | Asked in Education Law for Washington DC on
Q: What law can I use for the Dist. of Columbia to be able to use religious exemption from the Covid vaccine for my child?

This is for my child to be able to attend school this month.

Matthew T. Famiglietti
PREMIUM
Matthew T. Famiglietti
answered on Aug 3, 2022

You would need to get medical documentation from your child's doctor stating the child has a disability that prevents him or her from receiving the covid shot safely. I am attaching the exemption: https://osse.dc.gov/release/osse-encourages-families-receive-required-immunizations. Good luck.

1 Answer | Asked in Employment Law and Health Care Law for Illinois on
Q: Is there a place where I can file for monetary support while, I am unable to work while I am sick with covid .
Tim Akpinar
Tim Akpinar
answered on Jul 30, 2022

An Illinois attorney could advise best, but your question remains open for two weeks. It could depend on your work situation, disability situation, financial eligibility for programs, and other possible factors. Employment law and disability law attorneys might have better insight into this - you... View More

1 Answer | Asked in Employment Law for California on
Q: I was fired for no call no show. It's been more than 72 hours and they haven't paid or mailed my check

I had covid but I didn't call in so I was terminated for no call no show on 7/26. I contacted my ex employer and was told that I could pick up my check on 8/1 or it would be mailed to me. Isn't there a 72 hour law that the employer must abide by

Brad S Kane
Brad S Kane
answered on Jul 29, 2022

Waiting time penalties accrue when you separate from your job. Your employer has to pay all wages the day you are terminated or within 3 days if you quit. For each day the employer is late, you are entitled to 1 days wages as a penalty up to a max of 30 days. The statute of limitations for waiting... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Libel & Slander for Michigan on
Q: Assuming there is enough evidence to substantiate my claims. Is my ex-girlfriend accountable in any way for tearing our

child's amniotic membrane 8 weeks early to get on FMLA at work? and then for going out of her way to maliciously infect me with covid, and then for falsely accusing me of PPO and stalking when I asked to see my child too many times? How do I hold someone like this accountable? and how do I... View More

Brent T. Geers
Brent T. Geers
answered on Jul 21, 2022

If it is a crime you are alleging she committed, then you can certainly contact the police and make a report; it's likely they will say this is a family / civil matter and stay out of it.

Is there a current PPO? You need to file an objection and have a hearing about that. Until then,...
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