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UPDATES ON CHANGES THAT AFFECT YOU
Anyone who knows or should reasonably know they are infected could be held liable for transmitting the virus to another person. We owe a duty to others not infect them with the virus. We also have a duty to comply with health regulations the violation of which might give rise to a presumption of negligence or constitute negligence per se.
Liability depends on the foreseeability of the harm. We know COVID-19 is virulent, and highly contagious. Negligent transmission of diseases based on both actual and constructive knowledge has resulted in liability on individuals who have harmed others Earle v. Kuklo, 26 N.J. Super. 471, 475, 98 A.2d 107 (1953); Mussivand v. David, 45 Ohio St. 3d 314, 544 N.E.2d 265 (1989); Berner v. Caldwell, 543 So. 2d 686 (1989)).
Someone who is symptomatic and has tested positive for COVID-19 would have actual knowledge, but even a person who has no symptoms but has been in close contact with an infected individual would have constructive knowledge. Neither party should act in a way that puts others at risk. It would be negligent to do so.
You have heard that ignorance of the law is no excuse, which is true, but COVID-19 has received extensive media coverage and it would be difficult or impossible to find anyone who does not know how the virus is spread from person to person.
Finally, the negligent conduct must be the proximate cause of infecting someone else. But if, for example, the transmission can be attributed to sustained indoor contact with the negligent infected individual the causation element might easily be proven to the satisfaction of the jury.
The Center for Disease Control and Prevention guidelines as of July 11, 2020:
Individual who has had close contact = less than six feet for more than 15 minutes:
a. Exposure to:
1. Person with COVID-19 who has symptoms (in the period from 2 days before symptom onset until they meet criteria for discontinuing home isolation; can be laboratory-confirmed or a clinically compatible illness)
2. Person who has tested positive for COVID-19 (laboratory confirmed) but has not had any symptoms (in the 2 days before the date of specimen collection until they meet criteria for discontinuing home isolation).
b. Recommended Precautions for the Public
1. Stay home until 14 days after last exposure and maintain social distance (at least 6 feet) from others at all times
2. Self-monitor for symptoms
a. Check temperature twice a day
b. Watch for fever*, cough, or shortness of breath, or other symptoms of COVID-19
3. Avoid contact with people at higher risk for severe illness fromCOVID-19
4. Follow CDC guidance if symptoms develop
A covered Georgia entity is only liable for injury or death if he or she can prove gross negligence, or willful and wanton misconduct , or reckless or intentional infliction of harm.
The Act defines a “COVID-19 liability claim” as a cause of action for:
Under Georgia law, there is no liability for an injury or death of an individual entering these premises if such injury or death results from the inherent risks of contracting COVID-19. You are assuming this risk by entering these premises.'
“Wrongful Termination” is when your employer fires you without just legal cause. The dismissal must violate some law. It is not enough that the employer fired the employee over a dispute or personality conflict or because the employee feels aggrieved. Usually Wrongful Termination is based on illegal discrimination.
Whether you can sue your employer for wrongful termination depends on whether you have a contract of employment or are an “at will” employee. An employer can fire an at-will employee for any lawful purpose, but an employee that has a contract of employment has a much better chance of collecting money damages for wrongful termination. If your employer fires you before the end of your contract and by doing so violates the terms of your contract you may sue for money damages.
An at-will employee may also sue for money damages depending on the facts of the case. If your employer ends your employment you should document your case by collecting all documents you received from your employer from day one of your employment, especially documents and statements made during the termination process. Take notes!
FALSELY ACCUSED OF RACISM
A false accusation is an unfounded or unsubstantiated allegation. It can be an intentional or reckless disregard for the truth. False accusations involving racism may entitle you to money damages because it will tarnish your good reputation. An employer who falsely or recklessly accuses an employee of being racist causes the employee to suffer public scorn and may inhibit the ability of the terminated employee to seek other employment.
Even if the employee does not have a written contract of employment, an “Implied Contract” may govern the relationship between employer and employee, and the employer may lack good faith and fair dealing.
Some employers have written policies that are contained in an Employment Manual.” Even an at-will employee may be able to sue the employer for violating the terms of the Employment Manual.
To avoid firing an employee the employer may try to make working conditions difficult for the employee, such as a change in work schedule, or decreased hours of work. The employee must prove circumstances were so adverse that any other reasonable employee would have resigned, and the action by the employer was intentional, or after knowing of the circumstances the employer did not take remedial action.
The law defines “protect activity” for which an employer may not fire an employee; for example, an employee has the right to report sexual harassment, or refuse to violate the employees religious beliefs and practices; furthermore, an employer may not fire or demote an employee for taking leave for medical purposes, or to vote, or to serve in the armed forces, or to attend jury duty, or reporting an EPA or other violation of law as a whistleblower.
Retaliation is the most commonly alleged claim. The Equal Employment Opportunity Commission has defined several prohibited practices by an employer.
Furthermore, depending on the facts, it could be retaliation if an employer acts because of the employee's EEO activity to:
Morelli Law represents and has successfully represented thousands of injured employees and employees wrongfully fired from their jobs.
Condo living is booming as giant cranes carry building materials fifteen, twenty, and more stories above street level, more people are interested in knowing the law.
Associations with 150 or more units will have to publish financial reports on a webpage that is accessible to members but not to the public. Board members will be limited to eight years on the board, but they will be able to continue in office if they win a super-majority of votes. The law prohibits board members from hiring relatives and board members cannot collect a paycheck for cleaning, painting and repairs.
Board members face much of the same regulations and challenges as do municipal officials. “sunshine regulation” do not apply to condominium associations, but the condominium law states that a “meeting” takes place if a quorum of the board or committee members gather to conduct association business. The Board must post a 48-hour notice of the meeting in a “conspicuous” place before the Board can hold a meeting. If the notice is delivered by mail the Board must give notice at least 7 days in advance of the meeting.
An association may not hire an attorney who represents the management company. Neither board members, the manager nor the management company may buy a unit at a foreclosure sale for unpaid assessments. And the condominium association may not employ any company owned or run by a board member or anyone who has a relationship with the member be it family or financial. A board member or manager may not solicit, offer to accept, or accept a kickback from any person who has business with the association. The association must remove an officer charged with a crime. Anyone charged with a crime may not be elected or appointed to the board. Board members are not to use credit cards issued in the name of the association or billed to the association for payment of any association expense.
Rental policies differ widely. Some “vacation rentals” are available on a daily rate, but most condominium associations usually limit rentals to weekly, monthly, and even limit a unit owner to one rental per year. The is well settled law that allows condominium associations to limit the rental terms and frequency, but the law protects owners before the board approves the change. By statute owners must agree to any change in rental term or frequency; however, if they sell the unit, the new owner is bound by the changes.
Fla. Stat §718.303 provides remedies available to the HOA for tenants who violate the declaration, rules, and regulations. (hereinafter “documents”) The Florida Condominium Act requires tenants to comply with the documents. The remedies provided by law are expressly incorporated into the leasing agreement. (Fla. Stat. § 718.303(1) & (3)) The HOA may choose to pursue one or more of the following remedies - damages, injunction, impose fines, and suspend use rights to common areas with some exception. The HOA may not suspend use rights to limited common elements intended to be used only by that unit, common elements needed to access the unit, utility services provided to the unit, parking spaces, or elevators. The prevailing party is entitled to recover attorney’s fees and costs. The unit owner is also entitled to reimbursement for the units share of assessments that were used to fund the HOA’s litigation expenses.
Notice of violation requirements are strictly enforced by the courts. Fines are not liens against the unit. The HOA must first serve a notice of violation giving the alleged violator 14 days’ written notice and an opportunity for a hearing. (3)b) The maximum fine is $100 per/day per violation up to $1000. Eviction is not a remedy provided by statute. Only the unit owner may evict the tenant since they have privity of contract and the HOA does not; however, Fla. Stat § 718.116(11) provides other remedies.
FLORIDA CONDO OWERS:
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The loss of a loved one is difficult enough without having to worry about what to do with the belongings that were left behind. Let us guide you though these difficult times.
IF THE DECEDENT'S ESTATE CONSISTED OF PERSONAL PROPERTY OR PROPERTY EXEMPT FROM CLAIMS OF CREDITORS WE WILL ASSIST YOU IN FILING THE REQUIRED FORMS TO SETTLE THE ESTATE AND TAKE POSSESSION OF THE PROPERTY OF THE DECEASED.
A personal representative should always engage a qualified attorney to assist in the administration of the decedent’s probate estate. Many legal issues arise, even in the simplest probate estate administration, and most of these issues will be novel and unfamiliar to non-attorneys.
The attorney for the personal representative advises the personal representative on the rights and duties under the law, and represents the personal representative in probate estate proceedings. The attorney for the personal representative is not the attorney for any of the beneficiaries of the decedent’s probate estate.
A provision in a will mandating that a particular attorney or firm be employed as attorney for the personal representative is not binding. Instead, the personal representative may choose to engage any attorney.
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Morelli Law established in 1968 and has been serving clients in five states including Florida and Georgia.
You can be sure you will receive compassionate and competent representation and the most affordable fees.
Business law involves creating new businesses and dealing with issues that arise between business, customers, and the public.
We draft all the documents required by law. We guide companies to follow the law. We will help you choose the business entity best suited for your enterprise and create new entities by filing the necessary documents with the Secretary of State.
Selection of the proper business enterprise depends on many factors. The primary purpose of forming a business enterprise is to shield owners from individua liability. Operating a business in your name puts all your personal assets within reach of creditors. We are experts in guiding our clients through the many legal challenges that face new ventures.
Anyone performing construction work should understand whether or not the work they are performing requires a contractor’s license. Many states have strict requirements concerning construction work licensing, and Georgia and Florida are no different. In these states unlicensed contractors are barred from making legal claims for recovery of payment. There are, however, a few exceptions to the licensing requirements.
Limited liability Your financial liability is limited to a fixed sum, i.e. the value of your investment in the company or partnership. If a company with limited liability is sued, claimants sue the company, not you or our investors.
Sellers and Buyers: Let us help you negotiate your sale or purchase before you sign away your rights.
You need an independent attorney. We are not associated with any real estate broker. Therefore, we can give you the best independent advice.
Your interests and the broker’s interests are not the same. The broker wants to earn a fee and doesn’t have to live in the house you are buying. There are may pitfalls and you want every advantage a good and independent attorney can give you without any loyalty to the broker.
We do not represent realtors and lenders so you can be assured that we have you covered and will loyally represent your interests.
FREEE INITIAL CONSULTATION
WE ARE SO SURE THAT YOU WILL HIRE OUR FIRM TO GUID YOUR GEORGIA HOME PURCHASE OR SALE TAHT WE ARE OFFERING A FREE CONSULTATION
YOU WILL NEVER HAVE TO SPEAK WITH A SECRETARY.
You will have direct personal contact with your own attorney who will be in charge of your case.
Every question you have will be answered promptly and curiously. We know you have been hurt and we intend to help you recover your health and the most compensation possible.
Insurance companies have lawyers and they do not want to pay claims. You need a law firm successfully wining cases against insurance companies for more than 50 years.
· Voluntary Petition
· Summary of Schedules
· Schedule A __ Real Property
· Schedule B __ Personal Property
· Schedule C __ Property Claimed As Exempt Schedule
· D __ Creditors Holding Secured Claims Schedule
· E __ Creditors Holding Unsecured Priority Claims Schedule
· F __ Creditors Holding Unsecured Nonpriority Claims
· Schedule G __ Executory Contracts and Unexpired Leases
· Schedule H __ Co-debtors
· Schedule I __ Current Income of Individual Debtor(s)
· Schedule J __ Current Expenditures of Individual Debtor(s)
· Declaration Concerning Debtor's Schedules
· Chapter 7 Individual Debtor's Statement of Intention
· Statement of Financial Affairs
· The means test forms and calculations
· Mailing Matrix Creditor list formatted for electronic delivery.
· Court Fee waiver
This chapter of the Bankruptcy Code provides for "liquidation" - the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors.
One of the primary purposes of bankruptcy is to discharge certain debts to give an honest individual debtor a "fresh start." The debtor has no liability for discharged debts. In a chapter 7 case, however, a discharge is only available to individual debtors, not to partnerships or corporations. 11 U.S.C. § 727(a)(1). Although an individual chapter 7 case usually results in a discharge of debts, the right to a discharge is not absolute, and some types of debts are not discharged. Moreover, a bankruptcy discharge does not extinguish a lien on property.
If the debtor's "current monthly income" (1) is more than the state median, the Bankruptcy Code requires application of a "means test" to determine whether the chapter 7 filing is presumptively abusive. Abuse is presumed if the debtor's aggregate current monthly income over 5 years, net of certain statutorily allowed expenses, is more than (i) $12,850, or (ii) 25% of the debtor's nonpriority unsecured debt, as long as that amount is at least $7,700. (2) The debtor may rebut a presumption of abuse only by a showing of special circumstances that justify additional expenses or adjustments of current monthly income. Unless the debtor overcomes the presumption of abuse, the case will generally be converted to chapter 13 (with the debtor's consent) or will be dismissed. 11 U.S.C. § 707(b)(1).