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BK Managing Shareholder David Betras dispenses sage counsel during Free Legal Advice Monday on WFMJ Today

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Need free legal advice? You’ve got it the firstm Monday of every month…

September 14 was the first Monday of the month that wasn’t Labor Day, so BK Managing Shareholder David Betras was on the set of WFMJ Today  to answer questions from viewers and dispense sage legal advice. You can check out the show here: https://youtu.be/Apu75dJTfsE?si=itEtxV6j3rmUr54y

Question 1: Is there any way we can force a neighbor to cut down a large dead tree leaning over our house? It’s not an if, but when it’s going to fall and cause some catastrophic damage. What can they do?

David’s response: If it’s that imminent threat, they could probably file a lawsuit and ask the court to order the neighbors to cut it down. But if you’ve put that neighbor on notice and that tree falls and does damage your house then they’re going to be responsible for it.

Question 2: How can someone become a cosigner for someone else when they needed a cosigner to purchase something?

David’s response: I’m just trying to wrap my head around the question. So, someone became a cosigner for someone but that person needed a cosigner when they purchased an item. Well, if the bank or lender took them as a cosigner, then yay for you.

Question 3: My father-in-law just passed away. There is a safe deposit box, but the other person listed on the box is my mother-in-law, who has also passed away. There’s a possibility that there’s a will in the box. How do I get access to that box?

David’s response: Because both of the people who are listed on it have passed away you will have to file a motion with the probate court to get access to it.

Question 4:  What can be done about online threats of bodily harm being made against me by someone in Texas?

David’s response: Well, it’s a federal crime but the federal government very rarely takes those cases unless it’s something that’s clearly serious and over the top. You can call the Texas authorities and let them know this person is making online threats against me or you can file a police report here and see if law enforcement here will deal with it.  will pick it up.

Remember, if someone threatens you with bodily harm and creates a reasonable feat that they will carry out the threat that is a crime. It’s not free speech. That is a crime. So, if you are afraid that this person will harm you, a crime has been committed. It could be argued that the crime was committed in Texas because that’s where the person was when they made the threat, it could also be argued that the crime was committed here because that’s where threat was received.

Either way, I would file a police report in both jurisdictions and see if you can get a prosecutor to take it up.

Question 5:  I have a house in Youngstown that we’ve spent $50,000 to $60,000 renovating it in anticipation of selling it. The neighbor has basically abandoned his house. with all the contents, but won’t do anything to clean it up. What are my options?

David’s response: all the zoning inspector, call your council person in Youngstown, and have the city get on the neighbor about allowing their property to deteriorate. I’m very sorry that you want to sell your house and your neighbors just let it go. But someone will eventually buy that house if they just abandoned it. But the only thing you could do is be the squeaky wheel that gets the grease.

Follow-up question: Can I offer to buy it and then clean it up myself?

David’s response: Absolutely you can offer to buy it. But the first step is I call your council person, and I’d call the zoning department and tell them what’s happened. If they won’t do anything about it, then call your neighbor and see if they’ll sell it to you.

Question 6: I have someone who’s stalking me, sitting outside my house, calling from blocked numbers. I went to the police, asked for a non-contact or restraining order. Police said he actually hadn’t done anything yet except some harassment. So how can I force the issue before something more serious happens?

David’s response: Well, just because the police wouldn’t do something doesn’t mean you don’t have remedies.  You can go get a civil protection order. If someone does two things, closely associated in time, and this is stalking that gives you mental anguish, that’s going to be enough for you to get a civil protection order against them.

Question 7:How do I find out who owns an abandoned property? Can you get a property changed from commercial to residential as well?

David’s response: That would require a zoning change or variance.  You can find out who owns the property by going to Ralph Meacham’s website, Mahoning County Auditor, enter  the address and it’ll tell you who owns it.

Question 8: The electrical lines to my home run over my neighbor’s property. They’re being stretched out because of branches from the neighbor’s tree. So who would be responsible for pruning that tree to make sure the wires don’t get messed up?

David’s response: That’s interesting. The electric company. Okay. Can you just give them a call? Can McCall and say, hey, these wires are in danger of coming down, they’ll send their tree trimmers out and they’ll take care of that.

Question 9: Can I request a new public defender if I feel like mine isn’t taking my case seriously?

David’s response: You can write a letter to the judge and request that. If the judge determines that there’s irreconcilable differences or you’re just not meshing, generally they’ll get you another court-appointed lawyer.

Question 10:  What are your thoughts on grandparents’ rights? It’s so unfair that the mother of our grandchildren can keep them away from us.

David’s response: If the marriage is intact, you’re out of luck, totally out of luck. But if the marriage has ended, then you do have some rights.  You got some rights, but they’re not that great. You can petition for some kind of relief but it’s not going to be anything great.

It’s a terrible situation.

But since we’re talking about grandkids, I don’t have any grandchildren yet. I’ve been through four sets of hosts, five sets of producers. I still don’t have grandchildren. My kid’s got to get on the ball.

David will be back on the set to answer your questions on Monday, October 8. If you need help or advice call 330-744-8821 during the show or submit your question via email: wfmjtoday@wfmj.com or message David via the WFMJ Today Facebook page.

Can employers ‘out’ unvaccinated employees?

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Attorney David BetrasRecently one of our Facebook followers messaged us this important and interesting question:

“Can an employer ask workers if they have been vaccinated for COVID-19 and are they allowed to ‘out’ those who have and have not?”

Like most employment issues related to the pandemic, the answer to that straightforward question is complicated, multi-faceted, and evolving. But I am certainly willing to take a shot at responding.

I want to preface the discussion by reminding everyone of two critically important facts: First, employers are generally permitted to require all workers to be vaccinated. Second, workers who refuse may be disciplined and/or fired unless they are protected by a union contract, have a disability or object to getting a shot due to sincerely held religious beliefs.

Employers must offer people who fall into the latter two categories “reasonable accommodations” that will enable them to continue to work.

Now let us consider whether the Americans with Disabilities Act (ADA) permits employers to ask workers if they have been vaccinated. According to guidance issued late last year by the Centers for Disease Control and Prevention as well as the Equal Employment Opportunity Commission, the answer is yes as long as inquiry does not elicit information about a disability that would trigger the ADA’s requirement that all inquiries be “job-related and consistent with business necessity.”

Tip for employers: You do not want to do that.

To avoid running afoul of the ADA, employers should do the following when requesting vaccination information:

• Design the request so it is not likely to elicit information about a disability;
• Do not ask why a worker was not vaccinated;
• Warn employees not to provide any medical information when providing proof of vaccination.

Employers also have the right to ask for any number of reasons: to verify compliance with a vaccine mandate; prove that an employee has qualified for a vaccination incentive; to determine if an employee can return to work on-site; to comply with a customer’s demands that a vendor’s workforce has been vaccinated; or to inform the public that workers at a restaurant, store or other type of business that involves interaction with patrons have received their shots.

In fact, I can envision “Guaranteed COVID-19 Free” becoming a popular advertising slogan in the months ahead.

Now that we have a basic understanding of what employers may do, it is time to address what they may not do: They cannot “out” or identify workers who have or have not been vaccinated.

While it is generally legal to ask the question, it may be considered a medical inquiry which would make each employee’s response confidential medical information protected under statutory and common law. The law also obliges employers to protect workers’ personal and health information including their vaccination status.

I urge employers to take all steps necessary to meet that obligation.

As I mentioned at the beginning of the column, COVID-19 employment law is evolving rapidly so businesses and workers should protect themselves by keeping up to date with their rights and obligations.

While the pandemic is, hopefully, coming to an end, it may take years to resolve the legal issues and lawsuits it has spawned. I will do my best to keep my readers informed.

Legally Speaking on WFMJ Today: Fans suing NFL over blown calls

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In this episode of Legally Speaking on WFMJ Today, Managing Partner David Betras discusses the lawsuits filed against the NFL by fans distressed over the blown pass interference call that marred the 2018 NFC Championship game between the L.A. Rams and the New Orleans Saints.

You may view the segment on our YouTube channel or on the Betras, Kopp & Harshman Facebook page.

Federal suits have been dismissed, but a state court judge in Louisiana has allowed a suit filed in that state to move forward. David outlines whether or not the plaintiffs have a valid case.

One outgrowth of the bad call: pass interference can now be reviewed. According to a new rule implemented by NFL owners, offensive and defensive pass interference, including non-calls, will now subject to review. Coaches can challenge those calls in the first 28 minutes of each half.

Don’t forget, David and other members of the BKH team discuss the hottest legal topics on  WFMJ Today every Friday at 6:40 A.M. Don’t miss the interesting and informative segments.