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Julie Beth Isen

Julie Isen’s Answers

4 total

  • Is it legal to fire or not hire an employee based on political affiliation if it is not a government job?

    I am aware employment laws vary from state to state.

    Julie’s Answer

    Without more information it may be hard to answer this fully, but yes, it can be legal for a private employer to fire someone based on political affiliation. California and a couple other states prohibit political firings, but most states do not have those laws in place at this time. Public employers are different and cannot fire someone based on political affiliation.

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  • Contractor failed to pass building inspection test for installation of new furnance. Who pays for corrective actions?

    I hired a contractor to install a furnance in my home. Contractor told me that his fee includes costs to obtain and pass inspections. Unfortunately, it failed the building inspection. Specifically, the inspector said that the gas meter...

    Julie’s Answer

    I do not believe you will have much success arguing against the city inspector. Even if the gas is the same place is was before, that does not mean the location was up to code before. Codes also change, so I would focus your energy on the contractor.
    The rest of this question, I may not be able to answer without the details of the contract. If the fee included the cost to pass inspections, then the contractor may be on the hook for costs up until the inspection is passed.

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  • In Florida if I as the plaintiff in a criminal case have been called upon by the defense attorney to a deposition and I refuse

    In Florida if I as the plaintiff in a criminal case have been called upon by the defense attorney to a deposition and I refuse to attend what can happen to me?

    Julie’s Answer

    I agree with Attorney Solis' answer and would just add that it appears that your title in this instance would be victim. Typically, a deposition out of state will have to be taken at your location, meaning they will have to come to you for the deposition. But you still have to attend, or you can be held in contempt. If it is a 5th Amendment issue and you fear you may incriminate yourself, that is an entirely separate beast.

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  • What must original contractor of home construction project do before filing Ohio mechanics lien?

    Does original contractor need to file notice of furnishing? My understanding is that all the original contractor needs is an unpaid bill, yes?

    Julie’s Answer

    As a general rule, if a Notice of Commencement was filed, a Notice of Furnishing must be served within 21 days of the first day labor or materials are furnished to the project. Since the Notice of Furnishing relates back only 21 days from the date of service of the Notice of Furnishing, the Notice of Furnishing will only protect labor or supplies provided 21 days before the service of the Notice of Furnishing.

    However, if a Notice of Commencement is not filed, subcontractors and materialmen have no obligation to file a Notice of Furnishing to preserve their lien rights. Owners and General Contractors should develop a habit of always filing a Notice of Commencement. On the other hand, subcontractors and materialmen are well-advised to always promptly file a Notice of Furnishing, regardless of whether a Notice of Commencement has been filed.

    In order to perfect a mechanics lien, the lien claimant must prepare and timely file an affidavit with the county recorder in the county where the property is located.

    The affidavit must state the amount due over and above all legal setoffs, a description of the property to be charged with the lien, the name and address of the person to or for whom the labor or work was performed or material was furnished, the name of the owner, part owner, or lessee, if known, the name and address of the lien claimant, and the first and last dates that the lien claimant performed any labor or furnished any material to the property in question.

    Blank form affidavits are generally available in many form books. In fact, the statute itself provides the form of affidavit.

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