Tom Riley Law Firm Answers Legal Questions

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Today we are speaking with Peter Riley of the Tom Riley Law Firm about a variety of questions from viewers.

We start this week with a question asking, what are our rights, to not get a vaccine, and keep our jobs? Peter explains that employers have the right to require vaccines and have been doing so for many years. There are some exceptions, including if you may be allergic or have other health issues that would prevent you from having the vaccine. You may also have religious grounds, but most likely it will be very difficult to prove your religious exemption.

Andrew asks, do you think anyone could ever overturn right to work laws so labor unions can make a comeback? This is more of a political issue and not a legal issue. It will be up to the politicians and voters to make changes to the right to work laws and allow for change to those kinds of laws.

Since a federal judge overturned the Iowa anti-mask mandate, the Catholic Diocese has not required masking mandates based on the absence of “private” in the Federal ruling requiring public school districts to wear masks. Do parents have legal recourse? Peter understands that there is going to be a more detailed hearing as this is a temporary injunction. Parents could present their concerns in regards to private schools in the same way parents did for public schools You could contact the attorneys that presented the public school case and discuss options with them.

Stan is asking about co-workers that refuse to wear masks at work and refuse to be vaccinated. Do you have any rights as an employee in situations like this? The short answer is most likely no. Employers have the right to determine workplace protocol. It will be up to the employer to enforce policies and require, or not require, things like masks in the workplace.

Recently, a Cedar Rapids pulled Sylvia over for speeding. She asked to see the radar gun an the officer refused. Are there legal options? Peter tells us that there may be recourse if you fight the ticket. The officer is not obligated to show you when being cited, but if you fight the ticket and go to court, you do have the right to see the evidence. If the officer didn’t preserve the evidence, then you may get out of the ticket.

Scott asks about last years storm. 4 old walnut trees fell and the rep Scott used told them the wood from those trees had no value and removed them. Scott later learned several neighbors that also lost walnut trees were compensated for the wood from their fallen trees. Scott feels he was cheated and is asking if there is any action he can take for being mislead? There may be, based on the contractual agreement. Even if it was an oral agreement, that can serve as a contract. There is also consumer fraud protection under the consumer fraud statute, If you can prove that the tree company conducted unfair practice, you may have a case against the company.

Kevin is asking, can a judge reverse the decision about a 50/50 retirement if the other party withdrew and closed out his retirement before transferring? If there is a decree that was based on a factual assumption that turns out not to be true, you may have some recourse here. Generally cases are decided based on the evidence at the time of trial, and typically what happens afterword isn’t a factor. This may be a unique situation though and you should discuss it with the lawyer that was involved with the original decision.

Do spouses have financial responsibility if their spouse was sued, for example, for drunk driving? The first issue is, who owns the vehicle, because owners in the state of Iowa are liable for what happens with the use of their vehicle. You may have potential liability for the damages of the consent driver.

Patricia asks, is there a law concerning price gouging in rental properties? Peter tells us he is not aware of any rental rate regulations. There may be some issues if it’s section 8 or subsidized housing, but generally speaking rent is negotiated and there aren’t any regulations.

Our family recently ordered a meal from a local restaurant and had it delivered by GrubHub. Our 4 family members became violently ill after eating the meal that night. Neither the restaurant nor the delivery service were willing to listen to the concerns of the family. Do we have any legal recourse? Peter tells us that you may have a case with the restaurant if you are able to prove that it was food poisoning and that the food you ate from that restaurant was what caused it. You most likely won’t have a case with the delivery company unless they somehow were negligent in caring for the food. That’s not normally likely in such a short time where the delivery company has control of the food.

For more information you can visit the Tom Riley Law Firm.