About John Devendorf, Esq.
John Devendorf is a graduate of UCLA and holds a J.D. from Seton Hall University School of Law, where he was a Distinguished Scholar, recipient of the ALI-ABA Scholarship and Leadership Award, and a participant in the Immigrant Workers’ Rights Clinic and special delegation to Haiti.
A licensed attorney for more than a decade, John transitioned to a career as a legal content writer and editor after an externship with the IRS, a judicial clerkship, and practicing at a civil litigation firm in Princeton, New Jersey. John now lives in Portland, Oregon, where he enjoys writing, international travel, and escape rooms.
Articles written by John Devendorf, Esq.
Who Advocates for the Child in Court? Understanding Child Legal Representation
Children can have legal representation in court, but who speaks for them depends on the type of case and the laws of the jurisdiction where the case is filed. In some situations, a judge appoints an attorney for the child. In others, the court names a guardian ad litem or another advocate to investigate the child's circumstances and recommend what serves the child's best interests. Parents often assume the judge simply hears both sides and decides. But in many cases, another voice enters the …
Can My Employer Legally Share Any Info About Me With Coworkers?
Employers can share some employee information with coworkers, supervisors, and third parties. Generally, employers can share work-related information, including job title, work performance, and work contact information. However, employers cannot share private information, including medical histories, sensitive personal information, and other protected information. Employee privacy rights vary by state and depend on whether employers give notice or get the employee's consent to share …
What To Do if Someone Refuses To Give You a Copy of a Will
Once a will is filed with the probate court, it’s typically part of the court record. If someone is withholding the original will after a death, you may be able to ask the probate court to order that it be filed or produced, depending on your state's procedures. Executors have a lot to deal with immediately after the death of a loved one. You may want to give them a reasonable time to go through the documentation before producing a copy of the will. If they still refuse to hand over the will …
Facing Wage Garnishment? How To Protect Your Paycheck
If you have unpaid debts such as credit card bills, child support, or federal tax debt, you may be facing wage garnishment to pay off your debt. Creditors can get a court judgment and garnishment order to require your employer to take money from your paycheck to apply toward unpaid debts. If you get notice of a garnishment order, you may need to act quickly, such as by filing an objection, a claim of exemption, or a motion in the case, to try to stop or reduce the wage garnishment and protect …
Good Samaritan Laws: Your Legal Rights When Helping in an Emergency
Good Samaritan laws, which vary by state, can limit or bar civil liability for people who voluntarily provide emergency assistance. If someone acts in good faith to provide emergency assistance, they may be protected from negligence-based civil liability, depending on the state law and the type of aid provided. However, there are limits to Good Samaritan protections, depending on jurisdiction. To understand your legal rights and obligations when helping in an emergency, talk to a local personal …
Signed a Liability Waiver? You Might Still Have the Right To Sue
A liability waiver is a contract in which you agree not to sue for damages, but you may still have the right to sue for certain types of accidents. Depending on state law, some states still give you the right to sue for reckless or intentional conduct, or when the agreement violates public policy. Minor injury victims may still have a right to sue even after their parents sign a waiver. To find out if you can have a valid claim for a personal injury case after signing a liability …
How To Remove or Dispute a Negative Landlord Reference
If a former landlord gives you negative references, you can talk to them to resolve any issues, mitigate the damages by showing evidence of your reliability as a tenant, or ask a lawyer to write a cease-and-desist letter. If your old landlord is making defamatory statements, you can file a lawsuit to hold them responsible for your financial losses. With the competition for finding decent and affordable rentals, dealing with a former landlord's negative references is an unnecessary complication. …
Spotting Tenant ESA Fraud: A Guide for Landlords and Property Managers
Emotional support animals help provide emotional support to people with emotional or mental health conditions. State and federal housing laws protect tenants with ESAs. However, some tenants without emotional support needs use fake ESA letters to get around apartment pet restrictions or avoid pet deposits. The following guide helps landlords and property managers spot potential ESA fraud. However, before calling out a tenant or applicant for ESA fraud, make sure you understand the consequences …
What Are Subtenant Rights if the Primary Tenant Moves Out?
When the primary tenant moves out, the subtenant is often in a vulnerable legal position because they do not have a legal agreement with the landlord. In some cases, the subtenant can assume the previous tenant's lease. However, most states do not require the landlord to give special allowances to the subtenant, and the landlord can evict the subtenant for the tenant's lease violations. If the primary tenant plans to move out, discuss your options with the landlord to avoid a surprise eviction. …
Can You Sue Your Landlord for an Illegal Lockout or Utility Shutoff?
You can sue your landlord for an illegal lockout or a utility shutoff. State and local landlord-tenant laws prohibit self-help actions like changing locks or shutting off gas, water, or electricity to force a tenant out. Landlords in most jurisdictions have strict requirements for evicting tenants, including cause for eviction, minimum notice, and a court hearing to get an order to vacate. Tenants facing unlawful eviction can file a lawsuit against their landlord to recover financial …
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