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COVID-19 Questions & Answers
4 Answers | Asked in Employment Discrimination for California on
Q: I believe I have a discrimination case against my prior employer of 11 years. In the time I worked for them I was

continually praised for my work by all of the personal. Last Aug I was laid of due to Covid-19. I wasnt called back when things opened up, and I have learned that a man had been hired to do my job and has been doing it since I was laid off. Do I have a case?

Maya L. Serkova
Maya L. Serkova
answered on Aug 10, 2021

What you have described may be discrimination; however, not all discriminations are unlawful. Specifically, only discrimination due to your membership in the protected class of people or because you engaged in protected activity are legally actionable. You have not mentioned any facts that... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can my employer require proof of COVID Vaccine in Florida if I have a medical condition?
Charles M.  Baron
Charles M. Baron
answered on Aug 9, 2021

Yes. However, if you have a diagnosed disability which a physician says makes you medically ineligible for the vaccine, and you are fired for not being vaccinated, you may have a potential disability discrimination claim, as well as a potential unemployment compensation claim. From what I've... View More

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1 Answer | Asked in Personal Injury and Medical Malpractice for Alabama on
Q: Can the ER ask someone with a high fever to sit in a car with no air conditioning in a parking lot that is 100°f
Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 9, 2021

Short answer is yes, should they is another question entirely. Many of the norms we typically associate with hospital protocols have been altered by COVID-19. If you suffered an injury as a result of that situation it may be worth contacting an attorney for a private consultation.

Medical...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Michigan on
Q: My 26 year old son has been incarcerated 7 + years his minimun was served 9-2020. We need a tough appeletic Attorney

Hes been flopped twice but has no additional incidents or any violent crimes. I am in Muskegon, MI he is in Baraga Correctional Facility we filed mandamus and need excellent representation

Brent T. Geers
Brent T. Geers
answered on Aug 8, 2021

Has he completed all his programming? And when and what were his prior incidents? Is he in for a sex offense? It would not be unusual at all for someone in on a CSC to be flopped twice, due to apparently no fault of his own. Additionally, with COVID, a lot of programming just hasn't been... View More

2 Answers | Asked in Employment Law for Michigan on
Q: Do I have any recourse against my employer for firing me for not getting the covid vaccine?

I have a medical condition that should be a contraindication to the vaccine; however, my employer disregards this and any other medical condition in their mandate of the vaccine. Should I resign or let them fire me? And do I have any recourse against them for it?

Brent T. Geers
Brent T. Geers
answered on Aug 8, 2021

You are in relatively uncharted waters. You may have an interesting case. But your biggest concern now should be what you are going to do to make ends meet between now and whenever your case gets resolved, which could be years.

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1 Answer | Asked in Criminal Law for Michigan on
Q: How can i help with hurrying up my daughter case in court what papers can i file for a case evaluation.

She has been in a mental health facility 2 yrs now and i know its been too long. The place is not helping her at all actually she has gotten worse since being there. With alot of different meds they have had her on. I told them shes became immune to them an they should do a wash. Meaning get them... View More

Brent T. Geers
Brent T. Geers
answered on Aug 8, 2021

There is nothing you can do to move the case forward faster. You can, perhaps, help her attorney do so. Her attorney is the only person the court will accept filings from. The Forensic Center is probably not inclined to take directives from you or the attorney.

Keep in mind that under...
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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Landlord is not renewing the lease because she wants to offer to new tenants. Is this ok during Covid?

Our lease is up at the end of August. Over the past 3 months we have been paying the rent a little later in the month because I lost my job due to Covid and have not received my unemployment benefits. We are never more than a month behind in rent. We have 3 school aged children and the landlord... View More

F. Paul Maloof
F. Paul Maloof
answered on Aug 8, 2021

In Virginia, there is currently no prohibition for a landlord offering a residential rental property to a different tenant at the end of the lease term. The current prohibition is for an eviction of the current tenant.

1 Answer | Asked in Employment Law and Workers' Compensation for New York on
Q: I got covid in January at work a coworker was sick and told management but they didn’t inform us I’m still sick.Help

Management didn’t inform the workers and I got sick . I’m still suffering from fatigue, headaches , hair thinning, teeth cracking and joint weakness I haven’t been able to get back to work fully I work once every two weeks because I get exhausted in the stores and can’t keep up. If I... View More

V. Jonas Urba
V. Jonas Urba
answered on Aug 6, 2021

Consult with a workers compensation lawyer immediately. Although it may be difficult to pinpoint where you contracted COVID, a skilled workers compensation lawyer might be able to tie it to your workplace. Good luck. Alternatively, if you have disabling conditions, ask your doctor about... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Dad tested positive for COVID. My daughter is negative. We are 50/50. He wont negotiate his time. What can I do?

We are one week on/off. He wants to pick her up even though his whole household tested positive. She is negative and I don’t want her to get sick. I told him I would give him back his time or use vacation days while I have her till his family gets a negative Covid test. He won’t have any of it... View More

Paramprit Bindra
Paramprit Bindra
answered on Aug 5, 2021

1. Try talking to the father again.

2. You may file a Request for Temporary Emergency (EX Parte) Orders and ask that no visitation to Father.

3. Depending on which county you live in you may consider filing a good cause report, but usually filing one requires immediate threat of...
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2 Answers | Asked in Family Law for New Jersey on
Q: Whats the process to file a motion acting as my own lawyer?? This is for family court for my sons mother to follow order

His mother has neglected to inform me of my sons address, doctors and their locations, school etc for years. The last overnight I had with him was March 10th 2020, upon covid I hadn't seen him till June 27th 2021

Richard Diamond
Richard Diamond
answered on Aug 5, 2021

This is not a simple enforcement application and therefore I suggest that filing an application on your own will be a mistake. Under the court rules, your certification ( your testimony) in support of your application can be up to 25 pages separate from all of the attachments ( exhibits) to your... View More

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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... View 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... View 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... View More

Jay P. Lechner
PREMIUM
Jay P. Lechner
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... View 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... View 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... View 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... View 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... View More

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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... View More

1 Answer | Asked in Employment Law for Florida on
Q: Can I get fired for not getting the Covid vaccine?
Jay P. Lechner
PREMIUM
Jay P. Lechner
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... View 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... View 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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