My office is opening in August. Everyone will be required to report in person. I have no health issues but my elderly father who is diabetic is living with me. I am afraid that I might possibly bring the virus home to my father. Can I get an accommodation to continue working from home in order to protect my parent?

No, not unless you, yourself, have a disability that makes you more likely to contract the virus. The Americans with Disabilities Act does not require your boss to provide an accommodation to you in order to protect a vulnerable family member. However, some employers have been willing to accommodate employees who find themselves in your [...]

By |2021-06-22T00:03:19+00:00June 22nd, 2021||Comments Off on My office is opening in August. Everyone will be required to report in person. I have no health issues but my elderly father who is diabetic is living with me. I am afraid that I might possibly bring the virus home to my father. Can I get an accommodation to continue working from home in order to protect my parent?

My employer has emailed our staff that we are expected to return to work in July, fully vaccinated. I do not trust and I am fearful of getting what I consider a brand new vaccine. Can my employer make me get vaccinated? Can I lose my job if I don’t comply with her request?

Under federal law and local law, an employer can require employees to get vaccinated in order to enter the workplace unless an individual employee has a disability that would be impacted by the vaccine or a sincerely held religious belief that prevents the employee from being vaccinated. In these cases, the employer must provide a [...]

By |2021-06-22T00:02:33+00:00June 22nd, 2021||Comments Off on My employer has emailed our staff that we are expected to return to work in July, fully vaccinated. I do not trust and I am fearful of getting what I consider a brand new vaccine. Can my employer make me get vaccinated? Can I lose my job if I don’t comply with her request?

I have started to work in person two days a week. My employer is very conscious of providing a safe work space for myself and my colleagues as well as our clients. I am comfortable working in the office, but I am very concerned that I might contract COVID-19 on the subway. Shouldn’t my employer have to arrange for transportation for her employees?

No. Your boss is not obligated to pay to get you to and from work. That is your responsibility. The General Duty Clause of the Occupational, Safety, and Health Act of 1970 requires that your boss provide a safe and healthful workplace that is free from serious recognized hazards. According to what you have described, [...]

By |2021-06-22T00:01:37+00:00June 22nd, 2021||Comments Off on I have started to work in person two days a week. My employer is very conscious of providing a safe work space for myself and my colleagues as well as our clients. I am comfortable working in the office, but I am very concerned that I might contract COVID-19 on the subway. Shouldn’t my employer have to arrange for transportation for her employees?

I applied to be a waiter in my local coffee shop. The owner is desperate to hire people since many of his former workers have found other positions. However, I did not get the job because I told the owner that I do not believe in vaccines and I do not intend to get the COVID-19 vaccination. I have a lot of experience and excellent references. Is it legal for him to not hire me? Don’t I have a constitutional right to refuse to get vaccinated?

The owner of the coffee shop is a private employer and has a right to ask his employees to be vaccinated as long as he does so in a non-discriminatory way. For example, it would be illegal if the owner only required Asian workers to be vaccinated, based on the false belief that they would [...]

By |2021-06-23T18:55:35+00:00June 22nd, 2021||Comments Off on I applied to be a waiter in my local coffee shop. The owner is desperate to hire people since many of his former workers have found other positions. However, I did not get the job because I told the owner that I do not believe in vaccines and I do not intend to get the COVID-19 vaccination. I have a lot of experience and excellent references. Is it legal for him to not hire me? Don’t I have a constitutional right to refuse to get vaccinated?

I heard that a new Power of Attorney went into effect on June 13, 2021. I just executed a Power of Attorney last year and I am still not comfortable going to a lawyer’s office or any other office for that matter. What should I do?

Your Power of Attorney will be grandfathered into the new law as long as it was validly executed in accordance with the laws in effect at the time of execution. This holds true for all Powers of Attorney but they, like your other estate documents, should be periodically updated.  If you have any questions about [...]

By |2021-06-23T18:56:53+00:00June 21st, 2021||Comments Off on I heard that a new Power of Attorney went into effect on June 13, 2021. I just executed a Power of Attorney last year and I am still not comfortable going to a lawyer’s office or any other office for that matter. What should I do?

What are the most important documents that I must have to protect myself if I get sick with COVID-19?

At the very least, you need a Health Care Proxy and a Power of Attorney. The Health Care Proxy will name an agent to make health care decisions for you and the Power of Attorney appoints an agent (s) to deal with your financial matters. But you should already have these documents, as well as [...]

By |2021-06-21T23:57:35+00:00June 21st, 2021||Comments Off on What are the most important documents that I must have to protect myself if I get sick with COVID-19?

My Dad contracted COVID-19 and died suddenly. He wisely prepared his estate plan a few years ago and named me as his Executor. I am almost finished marshaling his real and personal property but I can’t access some family photos he posted on his Instagram account since I don’t have the password. I would also like to retrieve his blog posts which consist of witty essays and commentary about when he grew up. What should I do?

There is a strong likelihood that you will not be successful. Your Dad did not own the Instagram or blog platforms. He had a license to use them until he passed away. At that point, Instagram and the blog platform, the custodians of these electronic records, took control of your Dad's accounts. You, as his [...]

By |2021-06-30T12:29:40+00:00June 21st, 2021||Comments Off on My Dad contracted COVID-19 and died suddenly. He wisely prepared his estate plan a few years ago and named me as his Executor. I am almost finished marshaling his real and personal property but I can’t access some family photos he posted on his Instagram account since I don’t have the password. I would also like to retrieve his blog posts which consist of witty essays and commentary about when he grew up. What should I do?

What happens to my property if I die from COVID-19 without a will?

If you have designated beneficiaries on your assets they will go to those individuals regardless of whether or not you have a will. However, any real or personal property that does not have a beneficiary designation will become part of your estate. If you do not prepare a will, an administrator will be appointed to [...]

By |2021-06-21T23:48:11+00:00June 21st, 2021||Comments Off on What happens to my property if I die from COVID-19 without a will?
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