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David Alan Zipp

David Zipp’s Answers

192 total

  • Comments: I was terminated the same day that I told my boss about cash issues

    Comments: I was terminated the same day that I told my boss about cash issues > going on at work. I was told that I dont fit in. I felt it was because I was > somewhat of a whistleblower on the situation. Recently the same boss was fired > for ...

    David’s Answer

    • Selected as best answer

    While not a whistle-blower case per se (these cases tend to be when an employee tells the public or someone in authority about alleged dishonesty or illegal activities and is subsequently punished for it), as it seems while you did inform an authority figure, they found a way around retaliation with the vague "Don't Fit In" excuse to terminate. You should be aware that Illinois is a right to work state and as such, an employee can be terminated pretty much at anytime and in your case, with very little rationale.

    I would caution against making a potentially ethnically charged comment as to the hiring of an African American to replace you it is not at all clear what the "qualifications" for your job were and how or why this new employee is not capable of doing the job.

    I often have clients in this situation. They want some resolution but they, and you will find that most attorneys will not take a case on this absent even more damning information in your possession. What I have found that works is to retain an attorney who will gather your information and prepare an affidavit for your signature that outlines the entire scope of your situation. You provide facts, evidence, and statements to support your position. We then send this package to the corporate Human Resources/Legal Department of the larger company you worked for.

    In some cases, this information is ignored. As your old boss was recently terminated for theft, the company may not want this information in the public sphere, so perhaps they will reach out to you. What can reasonably be obtained is for them to not protest your claim for unemployment and perhaps offer you some sort of severance package. I have even had one client who had a similar situation become re-hired and went from support to branch manager of a video game store. Results vary.

    I would be encouraging you to focus on the reporting of theft to the now known thief over this discrimination perception in any event.

    I'd be happy to give you a free consultation regarding exploring the concept of drafting a letter to your corporate office. To manage expectations here, there are numerous factors you have not disclosed such as how long you worked for this company, your level of education and training, your work history at this employer, any internal theft reporting programs the company may have had in place, the fiscal situation of this company, just to name a few that might influence the likelihood of a positive and productive response from your old employer's corporate office.

    Good luck, and all of my contact information can easily be found at my website

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  • My bank account was stolen by the bank,which was inactive for some time

    I have my bank pass book for a savings account ,but citibank lost the account and making excuses

    David’s Answer

    I highly doubt the bank lost your account. It does sound like perhaps the account went inactive or reached a negative status due to the amazing barrage of banking fees that now dominate the banking industry. Thanks Congress for your good intentions not well thought out that now has led almost every bank to nickel and dime bank customers at every opportunity...but I digress.

    Why not meet with the branch manager and bring your passbook with you. In the bank, they should be able to pull up a history of the account and together you and the branch manager can examine what actually happened with your specific account.

    You have any number of remedies and agencies you can escalate your situation towards, but unless you have had this in-bank meeting, and see the history for yourself, how can you ague without the facts?

    I encourage you to physically enter the bank and speak with the branch manager because you might be surprised at how accommodating the bank might be. You may have considerable assets with this bank and perhaps this one account slipped your mind. Be calm, professional, and if you do indeed have other accounts with this bank, make that branch manager fully aware that you are prepared to take your business elsewhere.

    You can sue anyone at anytime for anything. You can start all sorts of various governmental investigations and can write your local newspaper editor as many letters as you like. I urge you to first, meet face to face and learn what happened and if not satisfied, explore your options but always remember as the customer, you can choose to vote with your feet and choose another banking institution,

    Good Luck.

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  • My house been on foreclosure since sept. 2010. January 2013 my court date, i was given a dismissed without prejudice.

    I have tried everything to get my loan modified and its been 7th times that i filled out all the necessary form and documents but for them to tell me that they have not received it. I am so frustrated i dont know what i should do. Did they dis...

    David’s Answer

    You have already received excellent advice from the other attorneys. This additional answer is more to help you and other readers understand what a dismissal is in terms of a court case and what does with or without prejudice mean.

    In a civil case, meaning non-criminal which is basically any case not involving a prosecutor alleging someone has committed a crime, one of the ways this particular case can be end, and perhaps only temporarily is to be dismissed. What is being dismissed is the case from being active on the Court's docket. This means the Court will stop setting dates and expecting movement on this case.

    In criminal cases in Illinois, when the state wishes to dismiss a charge for whatever reason, it will ask the Court to accept that charge as being Nolle Prosequi, which my old law professor who adored Latin would proudly proclaim means "Not Willing To Pursue" even though most folks reasonably just see a Nolle Pros as meaning "Not Prosecuted." Not prosecuted is bad Latin, but that is exactly what is happening.

    In a civil case, if the party who brought the suit moves for dismissal they often do so "WITH LEAVE TO REINSTATE." As it implies, the moving party is asking the Court to remove the Case from the active Docket, but allow that party the opportunity to perhaps bring the case back up.

    However, just because an attorney did not add WITH LEAVE TO REINSTATE to a dismissal order, does not mean that they cannot do so. To be sure a case is over completely from that Court is a DISMISSAL WITH PREJUDICE.

    WITH PREJUDICE is not any sort of social stigma statement, rather it means that the Court is saying this matter is over and cannot be brought again in this Court.

    In the present case, I tend to agree with the other attorney who speculated perhaps a new bank has your loan and they may wish time to examine the documents and perhaps re-file the action. A dismissal right now for you means stand by to stand by. As has been advised, gather your documents and in this situation, I would reasonably expect to be contacted by the new holder of the loan sometime in the upcoming months.

    Loan modification programs change all the time, as does a person's relative qualifications. There is nothing whatsoever wrong in you continuing this endeavor. Should you be successful in a loan modification, you may find that the new lender will never bring their suit against you as an alternative resolution would have been obtained.

    Good luck.

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  • Can the school share my personal information with another child's parent who's has no involvement and my parents gave no consent

    My parents were never asked if they could tell another students parents about a problem at school that he had no involvement. Can I sue if they disclosed my personal information between the parents, the school and myself

    David’s Answer

    As an attorney and an elected member of my local school board, I have to echo Ms. Goldstein's comments.

    However, what you are describing is certainly grounds for your folks to reach out to the Superintendent for additional information, clarification, and explanation. If you and your parents are not satisfied with the results from this meeting, you can always address the local Board of Education at there next posted meeting. The Board is composed of citizens from the community who are the direct supervisors of the Superintendent. The Superintendent is the supervisor's of the teachers and staff.

    I do not pretend to know what the 'problem' you describe entails, but prior to exploring a lawsuit, I would highly encourage you to, along with your parents first reach out to the Superintendent and if not satisfied, make your Board of Education aware of the situation.

    Good luck and try to remain calm and collected in dealing with the Superintendent and understand that the Board of Education is a volunteer group of local elected folks who may not have intimate knowledge of the situation you are facing, so if you and your parents feel the need to address the Board of Education, please be prepared to quickly describe the situation to such an extent that someone not in the school daily might be able to track and follow.

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  • Rights as a landlord when a tenant refuses to sign a lease....she is on a month to month...

    I sent her a copy of her old lease, changing it to a month to month.My tenant has had 3 leases sent to her since september to sign. She keeps telling me she hasn't received them. I sent her another one, she said she received it and returned it to ...

    David’s Answer

    Attorney Goldstein has covered the whole gambit here. Make the repair - it is your property in any event and the repair issue is secondary from your leasing issues.

    When I have a client call me with as issue like yours, I usually advise them to stop trying to "negotiate" and give a 30 day notice to vacate. Her parents are not party to the lease and you have no enforceable long term contract in this month to month situation.

    A good tenant is worth their weight in gold. I advise clients to have all new potential tenants pay an additional non-refundable $50.00 background check as part of the application process. I have my clients actually have the potential tenant fill out a background check form which has their name, date of birth, social security number, employer, even close family members on it. You can run your own basic background check on or call me and I will get you in touch with my investigator.

    That is the stick - here is the carrot. Now that you have the background, give the tenant $100 off their first month's rent after they pass the background. A good tenant with no worries will see the value in actually saving $50.00 after a move into your premises, and you will have a file of information that should at least let you know your new tenant has a decent history, and if things do go south, you already have all you need to launch a far more likely successful collections effort.

    The simple fact that you require the background check will knock off 90% of your problem renters. A good tenant is an excellent source of monthly rental income. A bad tenant, once in your property can be a nightmare.

    Good luck.

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  • Am I required to report a potential crime that I heard about secondhand? I want to give benefit of the doubt.

    If someone told me about a potential crime that they think they saw another person commit, but they are not even 100% sure it was a crime, do I have to report it legally to anyone? I feel I am being bullied into telling someone what I saw, but if ...

    David’s Answer

    You seem to be describing hearsay within hearsay. First, you have no obligation to report on what you have heard might have happened. This would not preclude you from choosing to cooperate with an investigation if asked, but you are not under any obligation to do so. How can you be bullied to say something you say you did not see, but were rather only told somebody else saw?

    It sounds like you are being asked to speculate and by your own admission, you did not see anything. My best advice would be to say nothing as it seems you are uncomfortable and are being dragged into somebody else's issue.

    Good luck and keep a calm perspective.

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  • Can evidence be submitted at the trial? like police letter, social workers letter if not,can I add it to respond.court in 2weeks

    Can evidence be submitted at the trial? like police letter, social workers letter if not,can I add it to respond.court in 2weeks

    David’s Answer

    Your question is a bit confusing. I presume you are in a civil lawsuit. Has the other side requested discovery? If so, you would be asked for this evidence. You can always bring evidence to court (make 3 copies - 1 for you, 1 for the Judge, 1 for opposing counsel) as well as bring the original to satisfy the "best evidence rule" meaning if you have original documents you must show those to the Court.

    The Court will ordinarily consider most relevant evidence. Are you pro se in this case? If you have an attorney, perhaps you may wish to speak with them about this evidence. Perhaps they might be able to speak to the other side and negotiate a settlement.

    You have not offered enough facts to really offer much more. Good luck.

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  • Is termination of "tenancy" notice the same as termination of "lease"?

    My tenant has given 30-day notice of termination of tenancy, but the terms of the lease indicate "the Lease may only be terminated by ___ days written notice from either party". This clause is being used to prematurely end the term of the lease. D...

    David’s Answer

    Attorney Goldstein is dead on. Look over your lease. You as the landlord are considered the master of your lease. It sounds like you just forgot to fill in a number of days requirement on a pre-written lease. This could be problematic but you may also have language that says this lease runs from x date to y date. If you like, feel free to send me a scanned or faxed copy of the lease and I will give you a free consult. Email is and fax is 847-201-2574.

    Now that you have notice, I would certainly make every effort to list and market this space to a future tenant. Landlord's in Illinois have what is called a duty to mitigate which means if you can lessen your losses due to this tenant leaving, you have a duty to try to do so (at least if you hope to hold the leaving tenant financially accountable for the months on the lease they did not remain in the premises paying rent as agreed).

    In the interim, on my website I have a Zipp To Research tab located here where I have placed a quite helpful generic landlord/tenant PDF from my alma mater, The Southern Illinois University School of Law that may be helpful to you. Direct link here:

    Good luck.

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  • No water since Sunday, landlord was contacted, what should I do?

    No running water since Sunday. Repair man has come out since Tuesday, but only a few hours a days, and still no water

    David’s Answer

    Attorney Goldstein has given you excellent advice.

    You should also contact your landlord and request that he pay or agree to pay you back for temporary housing such as a hotel or an alternate property that you can reside in until your rental is habitable.

    It appears that the landlord is at least attempting to respond to your situation, however you should not have to live, especially in the dead of winter without running water. You have to deal with your landlord long after this situation is over, and as the saying goes, you do get more flies with honey than vinegar. If you have the email address of your landlord, send him/her an email stating what you have above. State that it is unacceptable for you to be expected to live in a rental without running water. The legal theory you are arguing is that a landlord is violating the implied warranty of habitability.

    My law school, the Southern Illinois University put together a very helpful Landlord/Tenant guide you can access from my website or click here for a direct link:

    In short, you cannot simply not pay your rent because of this situation or just move out without expecting consequences. What you could do is stay at a hotel and sue your landlord for the costs of the hotel due to his breach in the implied warranty of habitability. What I would propose is if this condition makes the home non-habitable (running water is a basic expectation by any tenant of any landlord), why not work with your landlord on temporary housing rather than just go off an get a hotel and sue later?

    Good luck and try to be productive in your communications with your landlord. I highly doubt that he/she intended this situation to occur.

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  • If my property is in a trust, where I am the only tree, can my spouse run for the HOA. They have told me no, but will elaborate.

    Florida property ;

    David’s Answer

    The best answer to your question will lie within the rules and regulations of your Homeowner's Association. Many HOA's maintain a website where you can download them. If not, contact your HOA and ask them for a copy of the HOA rules and regulations,

    I am not licensed in Florida and as you have asked this question out of McHenry, Illinois, you are likely to get only Illinois attorney answers. There may be some HOA prohibitions that are Florida specific and as such, it could not hurt you to re-post your question using the city or area in Florida of where the property is.

    In general, I would think that if you live in the home that falls into the purview of the HOA, I would have to initially challenge a rationale that having a home in a trust would exclude a party from eligibility to run for the board.

    The extent of the power of the HOA is limited to the controlling laws of the State/County/City where the property is and whatever legal restrictions the HOA has in writing. Many of these HOA's are little power clubs who enjoy ruling over their neighbors. I would recommend you arm yourself with the HOA rules and regulations and if there is no prohibition for residents to serve based on the home being held in Trust (it would be a first for me, and I represent a couple of HOA's), than unless otherwise prohibited, I would think you wife can run.

    Good luck.

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