Brian Russell Hester’s Answers

Brian Russell Hester

Hamilton Business Attorney.

Contributor Level 10
  1. Should we fill out a witness statement if we are suspects in a felony theft case?

    Answered over 4 years ago.

    1. Brian Russell Hester
    2. Kevin Patrick Ondrey
    3. Edward Jerome Blum
    3 lawyer answers

    You have the right to remain silent. Anything you say will be used against you in a court of law. Sure, they say MAY be used against you, but it should be WILL. Anything you write in that statement is admissible at trial, whether you testify or not as an admission of a party opponent. You know what else is in those Miranda warnings? You have the right to an attorney during questioning... I'd exercise that right.

  2. What can i do to stop my current employer from discussing my medical history?

    Answered over 4 years ago.

    1. Brian Russell Hester
    1 lawyer answer

    Consult with a lawyer immediately. How does your employer know about your hospital care? Is it's solely from the fact that the health insurance you received from your employer? Regardless, you might have a federal HIPPA claim as well as potentially state common law claims.

  3. Bashing from a fomer employer

    Answered over 4 years ago.

    1. Brian Russell Hester
    1 lawyer answer

    The problem is that you said that the statement came from a non-management person which means chances are the former employer is not liable for the untrue statements. If you know what this person said and their identity, then you should contact your former employer and notify them of the situation and ask that this person be reminded that all job references should be made by relevant management or H.R. If they refuse to do, then their failure to take corrective action may open them up to a...

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

    Answered over 4 years ago.

    1. Brian Russell Hester
    2. Gerald James Huffman Jr.
    3 lawyer answers

    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...

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

    Answered over 4 years ago.

    1. Brian Russell Hester
    2. Gerald James Huffman Jr.
    3 lawyer answers

    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...

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

    Answered over 4 years ago.

    1. Brian Russell Hester
    1 lawyer 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...

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

    Answered over 5 years ago.

    1. Brian Russell Hester
    1 lawyer 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.

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

    Answered over 5 years ago.

    1. Brian Russell Hester
    1 lawyer 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...

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

    Answered over 5 years ago.

    1. Brian Russell Hester
    1 lawyer 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,...

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

    Answered over 5 years ago.

    1. Brian Russell Hester
    1 lawyer 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...