Skip to main content
Thomas Richelo

Thomas Richelo’s Answers

1,254 total


  • Can one respond to pod/rogs with objections when answering/producing docs without filing motion to quash/protective order?

    Northern District Georgia District Court Tort Case. Initial disclosures with POD/ROGS were issued to both parties and deadline to produce was 45 days. Now the other side is raising for the first time objections verbally and rogs/pod are due in th...

    Thomas’s Answer

    You should understand what your question sounds like to lawyers who spend years in law school and further in practice to learn how to deal with such matters. You are trying to be your own lawyer and, as Mr. Riddle implies, encountering one of what will be many situations where you are outmaneuvered because you aren't represented. Imagine posting on a medical site that you decided to do your own surgery and have your chest open and now would like to ask which of those objects is your spleen. Ok, exaggeration, but this makes my point. Good idea to hire and pay a lawyer to handle this.

    See question 
  • Bipolar employee admits phone abuse on job due to illness. Can I fire?

    I have an employee that was just diagnosed with bipolar disorder. She admitted it to me over the phone and is sending in documentation from her doctor. She also admitted that she has been avoiding phone calls on the job due to her depression. This...

    Thomas’s Answer

    An issue (to which I don't know the answer) is whether bipolar disorder qualifies as a disability that is protected under the Americans with Disabilities Act. That's what you have to have an employment lawyer look into. There are some health or physical conditions that make certain people unqualified to perform certain jobs. If this particular job involves telephone contact with customers or business associates of the company and she cannot or won't perform that properly, then you may have legitimate grounds to terminate here. Tread carefully, but document whatever shortcomings there are in her performance and share those with an attorney.

    See question 
  • Do I have a better than 50% chance at an unlawful termination case, be it due to illness, age, or similar?

    I am a 55 year old divorced female. I worked for PhotoBooks Inc. (d/b/a Connect Healthcare) from February 2009 to January 8, 2016. I was hired as a Sales Assistant at $24,500 per year, and I ended as Print Account and Accounts Receivable Manager...

    Thomas’s Answer

    No good attorney will quote you probability statistics on your claim because it isn't that precise a science and because there are going to be a bunch of additional facts, some of them quite important, that are not covered by your post. I do feel you have enough of a basis to begin consulting with an employment attorney and many who take plaintiff's cases will give a free initial consultation as they evaluate your case.

    See question 
  • What are some possible outcomes for this charge ? What can happen ?

    I am 22 . Never have I been in trouble before . I got charged with credit card transaction fraud in the state of Georgia . I used my ex's credit card that was already on my Sprint phone bill account ( becasue he had paid it before ) to pay my phon...

    Thomas’s Answer

    Given the seriousness of the penalty and its consequences, you need to be working with a criminal defense attorney right away. Two things come to mind: have your attorney advise you on "first offender" program and also on the possibility of offering restitution as part of a deal.

    See question 
  • Which jurisdiction, and should I be looking at cyber or traditional defamation?

    My son, creator of software, sold to another party rights to use said software who now is claiming that my son is pirating and illegally using said software. In contract, both have rights to use said software. These claims are coming from the bu...

    Thomas’s Answer

    There are intellectual property issues in your case as well as defamation and possible some competitive practices claims. You need to conduct a search for an attorney or firm that can handle all of those issues. It is too complicated to perform a jurisdictional analysis from the facts you have given, so expect to have to consider several states initially.

    See question 
  • My question is what are the chances of me not getting a lawyer and winning this case?

    When my son was 2 years old his dad moved to TN for work, My son, my daughter and myself still lived in GA. Dad and I was still in a relationship, i started working for a company that can help with advancing in my career. A year into working my ho...

    Thomas’s Answer

    This is not a matter you can afford to deal with by not having a lawyer. In addition to family law, the bruises raise the possibility of criminal law issues. As noted by colleagues, when a child's welfare is at stake there is too much on the line to handle it without legal counsel. I'm sorry to hear about these things happening to you and hope you get it worked out.

    See question 
  • When will this happen?

    My case was settled 10/15 and I charged with 7 counts of battery In the state of Georgia. I sell health insurance. How long does it take before the Insurance commissioner finds out and I lose my license to sell ? Trying to prepare myself.

    Thomas’s Answer

    No one can answer that question definitely because the matter could be reported to the insurance commissioner right away but even if so no one can predict how long it takes for the information to move through the system. The only way you can prepare is to assume it may happen very soon.

    See question 
  • Does the 3 day contract law apply? If so, how do I proceed? Do I have any rights based on the salesman misrepresenting the car?

    I purchased a car in Newman, GA yesterday for $1500 it was too far for my mechanic to go view it so I asked key questions. I asked about fluid leaks or if there were any major problems and they said there were none. They lied. I took it to my mech...

    Thomas’s Answer

    If you are doing your own research, you may want to make sure you are "tendering rescission" and treat the misrepresentation about the condition of the car as fraud. If you hire an attorney, this may be a way to get a bit more out of the case.

    See question 
  • I'm 16 my boyfriend is 20, can my boyfriend get in trouble for being with me?

    I'm 16 and I'm turning 17 in about 2 months, my boyfriend is 20, we both live in Georgia, my mom approves of our relationship but his mother thinks I'm going to be the reason that he gets arrested, I've done some research and I saw that the age of...

    Thomas’s Answer

    You already have two, detailed, very good answers. This question, almost exactly the same, gets asked on a regular basis. There are a lot of issues that relate to reaching the age of adulthood which is 18 and it is best to remember you are young, you have a lot of time ahead of you, and you will be 18 in just 14 months. Put off the things that should be reserved for adults until then.

    See question 
  • 1. Can I break this contract and is it legal?

    Introduction: I am working with this employer for past 3 months. This employer acts as visa sponsor only on the document level and do not performs any sponsor. They have the employee paid for the expenses.Willing to switch to full time position a...

    Thomas’s Answer

    Unfortunately, you are trying to cover more than what this forum is designed to address. People usually ask simple questions to get a basic idea of what to do about legal matters and it gives them a start in the right direction. Here, it appears you have a rather complicated dispute going and it can only be properly addressed by an attorney who can view your documents.
    You have immigration law issues but also employment law and contract law will come into play. I suggest you reverse the process by using Avvo's Find a Lawyer feature to search for someone who has the mix of practice experience you are looking for, and interview that person. Good luck!

    See question