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COVID-19 Questions & Answers
1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Landlord..If the rental lease expire aug 31 and no rent has been paid in 3 mos can I make the tenant leave

Even doing pandemic….there’s no contract/lease for September

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Aug 25, 2021

You need to give them 7 days' notice that you will not be renewing their lease and they need to vacate as of August 31. If they are not out as of August 1, you can try pursuing summary ejectment, but check the second box on form AOC-CVM-201 which says "The lease period ended on the above... Read more »

1 Answer | Asked in Probate for Texas on
Q: Does an executor have to appear in probate court in person in Texas? The executor of my will lives out of state.

The executor will not be able to travel to Texas.

Isaac Shutt
Isaac Shutt answered on Aug 25, 2021

In ordinary times, yes. However, if the particular court is still doing Zoom hearings due to Covid, then the executor does not need to participate in the hearing in-person. Check with a probate attorney to see how this particular court is operating.

1 Answer | Asked in DUI / DWI for Minnesota on
Q: My fiancé was charged in Minnesota for a DUI almost a year ago, it will be 1 year next month. They are now telling him

They are now telling him he was never booked or fingerprinted. Can he fight that? Or does he have to comply and go in since it was their mess up and he was technically never arrested for the crime.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 24, 2021

Getting booked and fingerprinted is a requirement when someone is charged with a DWI. I’m guessing that didn’t happen because of the pandemic. So he will need to go through the process. It doesn’t take long and he won’t have to spend any time in jail.

1 Answer | Asked in Criminal Law for California on
Q: If my wife or child dies as a result of the spread of COVID via an anti-vaxxer, can I sue for negligent homicide?

This assumes I can genetically trace this particular strain of covid back to the spreader.

Dale S. Gribow
Dale S. Gribow answered on Aug 24, 2021

anyone can sue at any time.

i suspect the issue will be whether you can find a lawyer to handle on a contingency or whether you could afford to fund a lawsuit................AND

whether there would be enough evidence to prevail.......my guess is you would not have the evidence.

1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: I have a 16 yr old granddaughter whom was living with her mother in GA. Her mom kicked her out and sent her to her fathe

To NJ. Granddaughter wants to live with father. Mother refused to send docs to father. As her maternal grandmother can I ask the court for a law guardian for my Granddaughter. Father can't get birth certificate, his name isn't on it. My daughter wants her daughter to live hard. Job corps... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Aug 23, 2021

Thank you for your question. I am so sorry that you and your granddaughter have to go through this stressful time.

The most direct answer is you can file a grandparents rights application and request formal custody of your granddaughter. Then the court can order your daughter to turn over...
Read more »

1 Answer | Asked in Immigration Law for Oregon on
Q: My wife sponsored me for AOS I-485 in the US but she's now on unemployment, can my income be used for I-864?

I entered the US this time on a B1/B2 visa and I wasn't working at the time I got married to my wife and we filed for Adjustment of Status and EAD in June 2019. She made enough money to complete form I-864 on her own. on August 2019 my EAD got approved and I have been working using that EAD... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Aug 23, 2021

Yes. As long as you are authorized to accept employment your income may be used as household income.

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: My tenants lease expired last year in Virginia, so now month to month. I wish to sell the house and have given her a 45

Day vacate notice so I can renovate to eventually sell. Is this legal with current COVID guidelines?

Steven Krieger
Steven Krieger answered on Aug 21, 2021

Selling is not a basis to evict, but the expiration of the lease is a valid basis to evict in VA. If you decide to hire a lawyer to assist with the eviction, I'm sure anyone who responds would be happy to help. Good luck.

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1 Answer | Asked in Employment Law for California on
Q: Employer claims they do not have to pay me for hours I worked, my manager always approved my time card. Do they owe me?

During covid my hours and wage were adjusted, I was told verbally that my hours had been restored and proceeded to work a 40 hour week. My manager approved my time card for 7 months. The time tracking system sent me emails that said you are a full time employee and must submit for a 40 hour week.... Read more »

Neil Pedersen
Neil Pedersen answered on Aug 19, 2021

If you are an hourly employee you must be paid for all time you spend working for the employer. That is true regardless of what the employer tells you about what hours you are to work. While you can be disciplined and even terminated for working more hours than your employer instructed you to... Read more »

1 Answer | Asked in Workers' Compensation for Indiana on
Q: I contracted covid-19 December 2020 and have had continued complications from the virus. Am I eligible for worker's com?

I contracted the virus at work, kroger. I am still having complications from the virus and unable to work. I was advised I might be eligible for worker's comp.

Charles Candiano
Charles Candiano answered on Aug 19, 2021

Probably not. You are neither a healthcare worker nor a first responder. Hundreds of thousands of people have contracted this virus which is to say that the likelihood of PROVING your exposure to be work-related is very low. Moreover, Workers' Compensation has express exceptions within the... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Our landlord just told us he will not renew due to wanting to sell we can find another rental due to the high demand

People are moving here so when we apply for homes there’s already several apps on one home can we qualify under cdc extension

Barry W. Kaufman
Barry W. Kaufman answered on Aug 17, 2021

No. Your landlord is never required to renew your lease, and doesn't need a reason to not renew. Consequently, your tenancy will end at the end of the lease, and you must leave. A non-renewal is not an eviction, so Covid rules are completely irrelevant.

1 Answer | Asked in Employment Law for Alabama on
Q: Can a company require covid restrictions at one location only when they own companies across 21 states?

They are only requiring corporate people to go home if unvaccinated. They do not require this for the entire company. If they fire someone would it be legal?

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 16, 2021

In general Alabama is a right to work state and a person can be fired for almost any reason. It is also likely fine for them to institute this policy for Alabama only. The limitation would be if you are protected under the ADA to avoid receiving the vaccination due to some pre-existing health... Read more »

2 Answers | Asked in Employment Law for Florida on
Q: Is my employer required to pay me for my quarantine?

I'm unvaccinated and was exposed to Covid by a coworker at work. My job is requiring me to quarantine without pay for a minimum of 7 days. Are they allowed to withhold pay from me since I was exposed at work?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 15, 2021

By "making you quarantine" your employer is being responsible and doing what the law requires them to do to protect ALL their employees.

Regarding paying you: If you are a salaried employee or have a written employment agreement that speaks to this issue than your employer will...
Read more »

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: So, from what I've read, the tenant has no legal right to contest an 'eviction' notice regardless of nature.

I currently rent through an LLC, have been in this home for 10+ years. Spoke with the property manager who claims I was not on a yearly lease and that my month to month was no longer going to be honored. Please bear in mind I did know I was on a month to month. I am not behind on rent even through... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Aug 14, 2021

A landlord can terminate a month-to month tenancy with 15 days notice (the notice must be a valid written notice delivered according to the requirements of the Lease or statute). Termination of a tenancy is not an eviction, so none of the COVID rules, regulations or pronouncements from on high have... Read more »

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1 Answer | Asked in Employment Law for Florida on
Q: Can my boss force me to wear a mask at work that says "Not Vaccinated" on it?
Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on Aug 12, 2021

No. Information about an employee’s COVID-19 vaccination status is considered confidential medical information under the ADA. Additionally, under Florida law, every employer who provides health insurance benefits "shall maintain the confidentiality of information relating to the medical... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: After a job closes down after it’s spread of Covid and everyone were told not to come but without proof of negative test

And I was never scheduled after

So my question is can a job fire you for not showing up after telling you not to come w/o proof

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 12, 2021

Yes. Why? Because Florida is an “at will” state, which means private employers are free to hire, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any time, i.e., “at will.” The only thing employers cannot do is make any of these adverse employment decisions... Read more »

2 Answers | Asked in Employment Discrimination for California on
Q: Medical freedom is a right! Mandated covid injections & testing should not be required by employers. NOchoice NOvoice!

Who can I talk to about obtaining legal counsel to defend my medical freedom against my employer?

Do I have a case???

What type of attorney do I need ?

Louis George Fazzi
Louis George Fazzi answered on Aug 12, 2021

You do have a choice, and that is not to work for that employer. Employers have the right to determine the safety rules to assure the ongoing safety of all employees. Employers can require that all employees be vaccinated against Covid19, just the same as when we were all vaccinated as children... Read more »

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2 Answers | Asked in Car Accidents, Consumer Law and Insurance Bad Faith for Georgia on
Q: I was in an accident, the police officer could not determine who was at fault (although it was evident).

I took this to small claims court to prove that I was not at fault and won my case. This accident happened in 2019 and I was diagnosed with cancer a month afterwards.

I had to request several contingencies due to radiation, chemotherapy, physical therapy and recovery time. During this time... Read more »

Titus Thomas Nichols
Titus Thomas Nichols answered on Aug 11, 2021

They're going to try and scare you into accepting a lower amount of money by threatening to appeal.

You need an Attorney who will represent you in the appeal. Otherwise they will appeal the case a demand a jury trial.

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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... Read 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... Read 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...
Read more »

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