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Brian Hester’s Answers

59 total

  • Can i sue my employer for wrongful termination they are an at will company

    my boss fired me without reason but they are an at will company

    Brian’s Answer

    You cannot sue your emplouer simply because they fired you without reason. Termination "for cause" or "without cause" is an issue significant to whether or not you may be entitled to collect unemployment benefits. But that is an administrative issue, not one for a court of law.

    Generally speaking, if your employment is "at will" you can only sue for wrongful termination if the termination was based on a form of discrimination prohibited by state or federal statute or otherwise violates a public policy.

    An employer can fire an "at will" employee for no reason, good reason, or even a bad reason (they don't like Browns fans, for example) so long as the reason wouldn't constitute as a legally recognized form of employment discrimination.

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  • Is a lease with an option to buy real estate legal in the state of ohio ?

    Is buying and reselling under a lease option trasaction legal in the state of ohio ?

    Brian’s Answer

    In short, yes, it's permissible to include an option to by real estate in a lease. You should consider retaining a lawyer to make sure that the option includes terms that favor and protect you. For example, although it includes an option to buy, does it also give you (as the option holder) the right to match any offer made during the option period? Say the owner gets an offer to sell the property more than the option price, but you haven't elected to invoke the option yet. Does the contract spell out the rights of the parties then? If there's an option price, have you appraised the property to determine if it's a fair price?

    You should consult with a real estate lawyer (especially if you're the seller) to make sure that you understand when the necessary residential property disclosures must be made, etc.

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  • What can I do to recover a vehicle belonging to me that is in the possession of my long term live in boyfriend?

    My live in boyfriend of 16 years took a vehicle registered in my name and has not returned it.He left all personal belongings in my home.We have been living together off & on for about 16 years.We've been having alot of problems & I have told him ...

    Brian’s Answer

    If his name is not on the title, then it's not his car. Aggressive stance would be to report the car as stolen with law enforcement or warn him that you will do so if the car isn't returned.

    Also, if you can afford a lawyer, and you know where the vehicle can be located, you can have you lawyer file for a writ of replevin, which is a court order for the return of personal property. If granted, the sheriff or baliff takes the writ and takes posession of the item.

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  • If a landlord evicts you, can they keep your security deposit

    my landlord wouldnt fix anything then he told me he would i told him as soon as he is done i would pay rent he never fixed it and gave me a eviction notice from him it never went through court now he said he is keeping my security deposite

    Brian’s Answer

    Did you move out?? If you moved out, did you give your landlord a forward address. If so, he is required to send you an accounting within 30 days of your move out as to how the security deposit was applied.

    It sounds like you didn't pay the rent because of a dispute over repairs. Unfortunately for you, Ohio law does not give a tenant a right to not pay rent over repair issues. Instead, what you need to do in the future is pay rent into an escrow account at the local municipal or county court having jurisdiction, and sue your landlord for noncompliance with making repairs.

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  • Can a criminal record be sealed after one year if you get a diversion and have good behavior for a year?

    If you get charged for a 4th degree misdemeanor but get a diversion to this charge, after one year of good behavior can this charge/record be sealed forever (made to be like the charge never happened)? I was charged with disorderly conduct and th...

    Brian’s Answer

    I'm assuming you received this charge in Ohio. Some diversion programs automatically expunge records upon satisfactory completition. So first, make sure it hasn't already been expunged. But, yes, you can ask that record expunged. Consult a lawyer.

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  • Can i move without paying my landlord the remaining rent that i owe him i signed a year contract i live in an apartment

    in canton, ohio . my neighbor is physically threatening to hurt me and screams at 12;30 a.m. because he was mad. i told the landlord what he did, but nothing is changed i fear he is going to hurt me. i can't walk down the stairs with out someone b...

    Brian’s Answer

    First, you should consider a civil protection order against you neighbor if they are physically threatening you. Second, you should send a letter with delivery confirmation or certified mail, return receipt requested, in which you tell your landlord what is going on and asking that they do something about the neighbor who is threatening your quiet enjoyment of the premises.

    Your landlord may claim tht he's not legally liable for the activities of his other tenants. If you break the lease, you can use the certified letter and your landlord's lack of response to it to claim that by doing nothing, he breached his duty to provide for the quiet enjoyment of the leased premises. And therefore, the court could find you are not liable for the remainder of the lease.

    Most courts rarely grant damages in the amount of the remaining terms of a lease. A landlord has a legal obligation to mitigate their damages and demonstrate that they did everything within reason to find a suitable tenant to replace you. You'd only be liable for the time period between when you moved out and a new tenant goes.

    However, approach the landlord this way. If this guy is a problem for you, he's likely going to be a problem for any other tenant. You, on the other hand, have been a good tenant. If anyone should go, it's the guy threatening you who is going to make it difficult for someone else to move in.

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  • Does a Non Compete hold up if I am laid off?

    I signed a Non Compete - it stated I may at any time, work in my industry however, I cannot contact any customers obtained while working for my employer for 2 years after my leaving the company. I was however laid off...

    Brian’s Answer

    A Non-Compete Covnant is still enforceable even if you are terminated. Whether THIS Covanant is enforceable may be debateable. Generally speaking, most court hold that a CNC is only enforceable if the restrictions are reasonable in duration and geographic limitations (if your employer doesn't have an office anywhere near where your new job is, then they likely cannot bar your employment under a CNC.)

    Factors a court is going to look at is the time, geographic limitations and the skill and training your job required as well as your access to the employer's trade secrets (client lists, etc.)

    Of course, an employer can waive their rights to a CNC. From what you said, it sounds like you can work so long as you don't contact any of your ex-employer's clients. I think it's likely a court would find this a reasonable restriction and find that it is enforceable.

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  • My landlord will not fix what needs to be fixed?? Now they are telling us to get out??

    We have always paid our rent and since we have lived in our unit, well at the end of march I sent the landlords a certified letter stating some problems we were having and I asked that they be fixed? Well most of them were except for the leak in t...

    Brian’s Answer

    How much time do you have in your lease? Send another letter, via certified mail, recall the events from the last letter and asking that she make the plumbing repairs. Take photos of the leaks and any damage it's causing. If she continues to refuse to make the repairs, go to the municipal or county court (not common pleas court) and ask about putting the rent in escrow with the Court and filing a complaint for her failure to make necessary repairs in a timely manner.

    So long as you are current on your rent, timely pay the rent in full in escrow, and have remaining time in your lease.

    She cannot evict you simply because you are asking her to make repairs to keep the place habitable. *IF* she begins eviction proceedings against you, you should file a counterclaim (in writing) that the eviction is retailation for your demand that she fulfilled her statutory duty as a landlord.

    She cannot do "self-help" eviction as well (changing the locks, barring you enterance into the apartment without going to court and having you evicted.)

    You need to get this months' rent in escrow ASAP as it is already late and get June's rent paid into escrow on time.

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  • Can I force my ex-wife from my home? She doesn't help out financially anyway

    My ex-wife loaned me the down payment on the mobile home I live in. But now she holds that loan over my head. Since she say's she is entitled to live here by means of that loan. I feel I am being unjustly forced to let her stay. Since then I have ...

    Brian’s Answer

    Is she on the title to the manufactured home? If not... and you didn't agree for her to pay rent or that in return for the loan she could stay in the trailer as a term of the loan, she's got no right to use the loan as grounds to live there.

    If all she did was loan you the money for the downpayment and she's not listed on the title of the home, all she's "entitled" to is having her loan repaid. That's all you promised her at the time. My bank loaned me over $100k for my house. They have a mortgage on it. That doesn't mean that the bank's President can show up to my door and insist on bunking with me. Same thing applies to ex-wives who have no legal title to the house.

    In other news, you could give her a choice: either credit what you've been paying for her share of the utilities etc towards her loan and for as long as she lives there or she moves out by the end of the month. If she doesn't agree, give her a three-day notice to leave the premises. On day four, go to the local municipal court or county court that has jurisdiction over where your house is located, and look into filing an eviction action against her.

    She may sue you for nonpayment of the loan, but since she doesn't have a mortgage on the property, she cannot foreclose on you. (Tthe primary lender already has a mortgage on your property that would be first in priority and I doubt there's any real equity in the house. for her to collect on.)

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  • I'm currently beng garnished for a bill my dad racked up on my credit card 10 years ago. What legal recourse do I have?

    Basically what happened is that my dad used my credit card to purchase some items (i don't remember what now) before I even moved out the house. He never paid me back and I have actually never used the card myself. At the time I had no money as I ...

    Brian’s Answer

    Did you know your dad was using your credit card at the time? How about a month later when it showed up on your bill, did you notify the credit card company that it was an unauthorized charged? If your answers are yes and no, then it's your debt. How old is this debt?

    Regardless of the above, your only recourse at this time is to sue your dad for the money. You may have statute of limitation/statute of frauds issues since you had no written contract for your dad to pay this debt.

    Ask your day for the money to repay this. If he refuses, consult a lawyer to see if you still have a claim and decide if you're willing to pursue it.

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