Title: My boss won't let us write up reports when our clients come in covered in dried feces and old urine

Question:
[OHIO] I work at a facility where people with mental disabilities go to during the day. Some people need their attends changed during the day. Usually when they come in, they have dried, flaky feces in their genitals and their urine smells foul, is cold, and is usually all over their pants and wheelchair. We clean them up, change them, and put it in their specific restrooming book.

Now, according to my county (which I'm not comfortable giving away since I don't want to give away my identity), this type of thing is classified as neglect and an incident report needs to be written up. However, when I've written the reports my boss has reprimanded me, saying we can't "Start a war" with the assisted living facility these people live in since we receive a lot of clients from there.

I've made numerous reports to my county's board of developmental disabilities and to the state, but nothing changes.

Where do I go from here? I'd like to report it to the CEO of the company, but I know word will get back to my supervisor and he might fire me. Should I get a lawyer now before anything goes down? Should I skip reporting to the CEO and go straight to the county board?

Answer:
 Since an actual investigation of this may lead to some type of charges and we are taking about human beings, you need to call an actual attorney. Contact your state Bar Association and they will recommend someone for you to consult. This is not something that will cost you anything, but that type of consultation will serve to protect you in the future. An attorney in your state that deals with elder law will be able to advise you on further action. Since you have already spoken up and done the right thing, you will be in a precarious position if this does become public and you are not following procedures. Saying you were following orders will not protect you.

The internet is great for many things, but legal advice in this type of a case needs to be face-to-face and documented.


Title: Landlord refuses to give me a physical copy of utility bill Colorado

Question: My landlord makes me pay her utilities by sending me a text message, seemingly at random & with no regularity, to tell me how much I owe her, and then I have to pay it within the next few days. When I ask for physical copies of utility bills, she gets offended and threatens me with legal action. Is what she is doing even legal? What can I do to get a physical copy of my bill so I can know she isn’t screwing me over? She claims that by signing the lease, I agreed to do things her way. Please let me know if any more information is necessary. I am quiet, clean, and very respectful of the property, so I’m not sure why she has been so hostile towards me.

Answer: You can choose not to pay and ask for a copy of the bill to verify the amount you owe.  Your lease will largely control exactly what you agreed to and how your landlord communicates with you.


Title: Custody: How does visitation work when the non custodial parent lives 1500 miles away and has been absent from the child's life?

Question:
Location: mother & child in AZ, father in WA
(I know I need a lawyer & am working on it.)

**History:**

* I left my ex in WA to move to AZ toward the end of my pregnancy.

* Child is almost 3 years old. Her father has visited three times in her life for a period of one week each: for her birth, at 5 months, at 12 months. I have visited WA twice since leaving - when child was 15 months and 20 months. Father has not maintained phone or vidchat contact with child. They do not currently have a relationship, as child does not remember much from last visit 1 year ago.

* Child has special needs (autism), which makes transitions, new people & places very difficult for her. Sees many specialists, and will be attending special ed preschool through the school district when she turns 3. Father does not agree with the specialists and thinks he knows better. Does not want her in "government schools", early intervention programs, or various therapies. Says he would homeschool her instead. Has argued against getting her medically necessary dental treatment and fluoride toothpaste. Father has stated he does not want to be kept apprised of her diagnoses/treatments.

* Father is on the birth certificate, but there is no legal custody order in place. Father has not paid child support and refuses to do so. Father says he will not cooperate with child support action and does not want to go through the court for custody. Wants to work it out between ourselves.

&nbsp;

**Current situation:**

Communication with ex has been infrequent over the past year (his choice). He contacted me out of the blue last week *demanding* 50/50 interstate custody. He wants her either 6 months out of the year or 3 months on, 3 months off.

&nbsp;

I told him that was not going to work with her school or therapy schedules. Furthermore, he's basically a stranger to her, and considering her special needs, he would need to take it slowly so that she can get to know him. I told him I wanted to hammer out legal decision making, parenting time, and child support through the court.

&nbsp;

He refused. So, I told him if he comes to visit, I will meet with him so he can spend time with her, but no overnights or taking her on his own until we have a legal agreement. Told him he can call or vidchat, but with her special needs and age, she doesn't really talk on the phone. He called, and I gave her the phone and encouraged her, but she refused to talk. He blames me for this.

&nbsp;

I am in the process of getting a lawyer. I want to establish my parenting rights through the court, with or without his cooperation (to protect myself if he tries to come and take her to WA). I want sole legal decision making or joint with final decision making power.

&nbsp;

But, I am wondering what parenting time will look like? I know it is in the child's best interest to have a relationship with her father. But, how does that work when they don't really know each other and dad lives 1500 miles away? The court puts out a document for suggested parenting time, broken down by age and situation and the plan that meets our circumstances would give him two 3-5 hour periods per week.

&nbsp;

I feel the burden should be on him to travel to spend time with her and child support should be reduced to reflect his expenses. But, he seems hell bent on the child traveling to him for a significant portion of the year.

&nbsp;

How do courts handle it when parent/child do not have an existing relationship and live so far apart?

Answer:
 This is a complicated matter and both sides will be able to raise arguments as to what is in the best interests of your child. Internet advice won’t cut it. You need to review this matter with an attorney.

In the broadest terms a court is likely to find that meaningful parenting time with the father is in the best interest of the child. But when the parent and child don’t have a relationship there is often a process of starting slowly and building.


Title: [NJ] I think I'm being illegally evicted

Question:
I hope I can make this short. I live with my roommate who owns the house. About a month ago I got a Facebook message stating I had to move out by 8/1 because his work commute is too long and he's renting the place out to completely new tenants.

Flash forward today and I discover that was a lie and he also has been going into my room to snoop around. They're going to be staying there and using my room as a storage unit while he fixes the place to make more money.

Aside from the Facebook message, I have nothing else stating I have to leave by 8/1. What are my options if I stay and what are my options if I leave?

Edit: here's a link regarding the grounds for eviction in NJ. Can anyone clarify that? The landlord wants to evict for reasons other than the one above. http://archive.lsnjlaw.org/english/placeilive/irentmyhome/tenantsrights/chapternine/#9groundsforeviction

Answer:
 You would get an eviction on your record and struggle to rent in the future.

If you are a month to month tenant and were given notice to vacate then you leave.  The reason is not relevant.


Title: CA Divorce, how do I get her to stop stealing?

Question: Tricky situation, had a stupid DV thing that ended up a DA reject (Didn't hit her or aggressive at all) trying to avoid a Domestic Violence RO so have been out of the house and avoiding. Managed to not get served, treading lightly and being a ghost, she's moving out soon and I'll move back into the home in 2 weeks. However in the meantime she's been going through everything of mine trying to get as much money out of me as possible, Verizon records show she has called my (separate) bank for I don't know what.... Driving me crazy, I wouldn't put it past her to start selling off my separate property from before the marriage, (TV, Camera and Equip, etc). Anything I could do to stop her?

Answer:
 You can call an officer to witness you entering the property to gather up all of your belongings and then you take them somewhere safe.

If she sells anything of yours, bring it up during your divorce proceedings.  Judges don't take petty stuff like that kindly.

Until your divorced, however, it is a bit tricky and I'd secure a lawyer and follow their advice.


Title: Speeding Ticket- School Zone

Question: I got a speeding ticket for going 18 in a 15 school zone. The ticket says I was going 20 in a 15 school zone. Is it really illegal? Is this going to affect my driving record/insurance? Can I try and challenge it?

Answer: Yes, it's illegal to go even 1 mph over the speed limit.


Title: Hipaa

Question: [deleted]

Answer:
 This would probably be a HIPAA violation.  You could report it, but you have no cause of action against anyone for a HIPAA violation (meaning you can't sue anyone because they violated HIPAA).  I suppose you might possibly be able to sue the girl who works at the chiropractor if her violation of HIPAA was the direct cause of you losing your job.Answer #2: Finally a HIPAA violation that is actually a violation! I feel like people understand HIPAA as much as they understand the US tax code.

Report the violation. Also knowing you have a disability isn't cause for termination. If questioned by your boss, provide a doctor's note regarding any accommodations, if any. They could make up another reason to fire you but if you had a documented disability, I'd be very hesitant to fire you. The only messy situation would be a workers comp claim with a preexisting condition


Title: Hospital not following through, not sure what to do.

Question:
My dad was in the hospital [in Michigan] for trouble breathing. He was in the emergency room  for about a day and a half when his breathing became so dire that they performed an emergency heart cath at 2am. Before the procedure was complete, my dad had a pulmonary edema. He ended up in the ICU on life support for about a day and a half. He was then moved into a normal room. His entire stay was about 10 days.

The cath showed he has narrowed arteries in his heart. We were told that he needed open heart surgery, but if he wasn't strong enough for that, that they would plan on doing stents. The heat surgeon and cardiologist both stressed that all this needs to happen in a timely manner.

My parents don't have health insurance. They filed out some charity paperwork through the hospital (its a catholic hospital) that reduced his bills to almost nothing.

All of my dad's doctors had cleared him for surgery except for the cardiologist, who sent him home wearing a defibrillator vest. That was a month ago.

Dad has been to all the follow up appointments and no surgery has been scheduled. They just say they're continuing to monitor him.

My parents (and myself!) are becoming concerned about the length of time this is taking, considering nothing has been scheduled. He still has trouble breathing and is cold all the time now.

My dad thinks they're waiting for him to die and just using the vest as a means to not get sued for negligence.

Mom wants to speak with me today about hiring an attorney.

I don't what advice to give them. I'm hoping the legal advice community can help.

Sorry for the formatting, on mobile.

Answer:
 >All of my dad's doctors had cleared him  for surgery except for the cardiologist, who sent him home wearing a  defibrillator vest. That was a month ago.

The entire point of getting clearance from the cardiologist is to make sure he doesn't die on the table.  Generally speaking, the cardiologist has established guidelines of when to delay a surgery, and if your dad falls in that guidelines, he's getting delayed.

Filing a medmal suit is a great way for the hospital to decide not to work with you further. Keep in mind that they have no legal obligation to treat you.


Title: Accidentally saw CP?

Question:
Hey guys, I have a question. Last night I was browsing 4chan and came across a thread. An anonymous poster posted a 'nude' picture of a girl that looks 16-17.

I wish I could erase the image from my head and go back in time. The reason why I'm scared is even though I did not intentionally 'look' at it, a question asking me if I've ever seen CP before will be asked when I take a polygraph test because I am going into Law Enforcement.

Obviously I'll tell them the truth about what happened but I'm really scared that it's going to DQ me.

location: IL

Answer:
 First things first, get off of 4chan.  Unless you like residing in the cesspool of the internet.

Second, you don't even know what you saw.  Perfectly legal adults appearing as young as possible is the very foundation of the adult entertainment industry.

Third, clear your cache, clear your browsing history, and make better browsing choices moving forward.


Title: CA - Gay execution proposal

Question:
Hi all,
After reading the article below, I was curious of this could result in any repercussions from the bar association. I did a quick search on the CA website and there's a Matthew McLaughlin in Huntington Beach who is presently active. Would this violate any ethics codes?

http://news.yahoo.com/california-lawyer-proposes-ballot-measure-execute-gays-191800967.html

Answer:
 I don't know about CA, but most professional conduct codes are aimed at ensuring an attorney is representing a client responsibly. There's not much in them about personal conduct as long as there is no criminal activity, fraud, etc., that would affect your trustworthiness as a lawyer.

Personal advocacy such as this would not be covered by anything in my jurisdiction. He could even say negative things about gay people in a professional capacity it it was legitimate professional advocacy.

He would probably not be able to just make negative comments about certain classes of people (race, sex, religion...sexual orientation) in a professional capacity that was unrelated to his case in my jurisdiction without potentially violating the rules of professional conduct.


Title: A man came to my door claiming I had his package

Question: So earlier today a man came to my Grandmother's door (who I live with) demanding a tablet back that we didn't have. He threatened that if we didn't return it he would be back with the police to press theft charges. Does this sound like any sort of scam? Is it possible for him to press charges? He left his contact info for us.

Answer:
 The most likely possibility that comes to mind is that this man is using a service like Apple's "Find My iPad" which can give an approximate last known location for a device, and believes that the location it's showing is precise. (Which it isn't.)

If so, ignore him. Police cannot and will not follow up on this -- they need hard evidence of a theft, not a vague suspicion that a stolen item might be nearby.Answer #2: If it were me, I would call the police and make an ['incident report.'](https://www.cji.edu/site/assets/files/1921/importance_of_police_reports.pdf) *Link to pdf.*

I would provide the police with the contact information that the person left. That way, should the person return, the police already have a record of his previous behavior.  (In my area, you will be given a number with which to reference the incident report.)

Should he return, I would be polite but firm when I tell him to leave. If he doesn't leave immediately, I would phone the police and let them know that there is a man at my door that is behaving irrationally and refusing to leave... And that they should reference the previous incident report that you made.

Best of luck!


Title: getting married again without getting divorced

Question:
Hi all,

I'd like to marry my partner in the coming year, however my family wouldn't react to this well at the moment.

My question is that if I marry him now, can I marry him again legally without having divorced him after whatever period of time? I was reading and some blog post suggested that I can, but I wasn't sure whether it was applicable in the UK as well.

Many thanks for taking the time to read this.

TL;DR - want to marry partner. Can i remarry him without first divorcing him after a few years?

Answer:
 You can renew your vowels. Answer #2: You can get legally married once.

You can then have as many marriage ceremonies as you like.  One every week, if you so choose.Answer #3: You can do a courthouse wedding now and hold a ceremony later. In the military, I saw lots of people do just that. They got legally hitched and then later went back home on leave and had the big wedding.


Title: Chargeback fraud; will I get sued

Question:
To start things off
I paid around 50$ to buy steam wallet from a group that sells them. I'm from South East Asia

Now he told me to give him my account so that the transaction will be faster, I insisted to use team viewer but he said it would just be a hassle for him. In the end I gave him my account.

My account was well protected and he did say that he won't touch anything in my inventory and ao it goes.
In the end the transaction was successful and I got my 50$ on my account.

Then unknowingly I spend my 50$ off the bat in games. After a couple of days, I received an e-mail saying a chargeback was done in my account. Then everything that I spent on that 50$ they took it back.

I talked to the seller about it, and he is willing to give me back my 50$ by top-upping again since they did have their money back due to the chargeback. But I told him to contact the bank first about the chargeback and as of now there is still no reply from them, or at least that is what he's saying.

In my point though, I still don't want to accept their offer in the 50$ until we got word from the bank.

My dillema though is that, will I get into trouble? Like am I going to be sued? Because I did have permission to use their cc but I do admit that I did in fact violate steam's contract that I shouldn't let others use my account.

Edit: I spent the money unknowingly that I should have to wait a couple of days to actually spend it. Or at least that was his instructions.

Answer:
 ok. So you used someone else's credit card to buy a 50 wallet. You then spent that wallet "unknowingly," which is bullshit. Then the owner of the CC filed a chargeback against the original 50 wallet?

Also you could have lost your entire steam account by giving others access. They take it. Transfer everything out, and then you're screwed. Answer #2: Let me get this correct.

You paid somebody to get extra money into your steam account.

They linked another credit card to your account, charged said credit card and you've got your money.

Then the credit card owner did a chargeback and you lost everything.

I would not do this again because steam will block accounts if they are linked to fraud.

Because this smells like the person you bought the money from uses stolen credit card info to charge the credit card of an unsuspecting victim.


Title: Can we legally be evicted for emailing our apartment's corporate HQ and complaining about something? Full story inside.

Question:
We live in Florida, Orlando proper. We were 6 days late on our rent. This is not common for us, we've had some hard times lately. Besides that, we normally pay on time and online.

We got a notice in our door giving us the 3 day warning to pay or pursue eviction. That was fine. It's the law. However - This led my husband to be angry as the letter was kind of cut and paste but used the term "demand" which pissed him off. So he emailed corporate which owns a variety of complexes in various states.

He (knowingly this would go to corporate and everyone at our complex as well who worked there) explained in full detail that he intended to pay the rent but was going to be late, and used the term "fucking" in a sentence. I don't exactly remember what it said, but it was something like "we aren't fucking deadbeats and we don't need to be treated like such. A simple phonecall back to let us know you got our message would be enough." We have lived here nearly 3 1/2 years and just renewed our lease, meaning we intend to stay an additional year, reluctantly.

I went into our management office this morning to see if the rent posted, and I was greeted by both employees who sat me down to tell me (ME, NOT EVEN MY HUSBAND) that his vulgarity was unnecessary and that if "he had just come to US this could have been settled." Also they kept mentioning how it "makes them look bad, and they don't want that." Keep in mind, I mentioned he did. But that's besides the entire point now.

Later in the conversation the one girl mentions that if they get another email like that again (i'm assuming a letter to corporate) it can lead to eviction. "We aren't trying to threaten you, but I mean, things like this can get out of hand and we really, really like you and don't want this to happen." They must have said they liked me 20 or so times. It was weird.

Can it? Can a letter that goes to everyone at HQ lead us to eviction? I'm assuming they would use the example of us being late on rent as the reason, or maybe try to say my husband was being aggressive - but he really truly wasn't.

I searched high and low on google trying to find something that could explain the terms of eviction outside of being late on rent. Yes, I understand if you don't pay you get evicted. That I know. But they were making it like he was almost hostile for using one curse word to explain himself. In an email. Who went to everyone.

I recorded the entire thing on my phone just in case I would need it some point down the line (and to show my husband later because he's going to *love* this - sacasm).

Just wondering where the law stands on that.

Thanks!

Topic:
Landlord Tenant Housing

Answer:
 > Can a letter that goes to everyone at HQ lead us to eviction?

You can be evicted for lots of things.  Failure to pay rent is one.  Failure to abide by the lease is another.  Abusing or threatening employees is another.

The complex was right to do what they did.  Your husband was absolutely wrong to abuse the employees for doing what they were supposed to be doing.


Title: (California) Desperate! Judgement enforcement action took everything from my bank account and put me in the negative.

Question: [deleted]

Answer:
 That what happens when you owe somebody money, they go to court, they receive a judgement and they enforce a judgement.

You should visit r/personalfinance for public assistance programs you can utilize.


Title: Our mailman pontificates about Jesus (New York City)

Question:
Not our regular mailman, but one of the guys who occasionally delivers packages to our door. We have been hesitant to report him because our local post office is already horrible and we don’t want to deal with retaliation via more missing/late packages.

I would politely let it go but it is completely enraging that this guy spends time pontificating at every house when the post office routinely fails to deliver our damn mail.

Advice and/or commiseration over the current state of USPS welcome.

Answer:
 Sign for package.  Take package.  Say thank you.  Shut the door.

Are you sure you live in NYC?  Since New Yorkers are not generally known for being trapped in uncomfortable situations with strangers due to their own excessive courtesy.

>I would politely let it go but it is completely enraging that this guy spends time pontificating at every house when the post office routinely fails to deliver our damn mail.

OP, you live in NYC.  The odds that other residents are giving him the time of day to pontificate are close to zero.  Answer #2: Complain. That is your legal option. There is no other magical solution. Get a PO box and you don't have to worry about it

This is a legal sub. Not a commiserating sub. Answer #3: Practical advice, NAL: First, make sure this delivery person is USPS, not FedEx or UPS. A lot of people get the private services mixed up with the actual US Post Office. If the guy works for a private delivery service, you'll need to contact the company to complain.

If the guy is a USPS employee, go in person to your local post office and ask to speak to the Postmaster.  You'll have to wait awhile but someone will generally see you if you politely but firmly insist.  Tell the Postmaster that the delivery man is wasting time on his delivery route.  Don't focus on the religious content of his conversations unless it's truly harassing or abusive.  Instead, focus on the fact that he's wasting time and not getting your mail delivered in a timely fashion.  Document who you spoke with and ask for their  contact email and phone number. Followup as necessary.

Source: dealing with lots of USPS and other delivery employees in professional capacity.


Title: If an employee is required to work in an area exposed to the outside temperature, is it legal to forbid them to wear outerwear? TN

Question:
Girlfriend works in a renovated factory building. Since part of her job is reception, she sits alone in the front of the building, in kind of an open-air situation, whereas everyone else is in little offices.

The issue is that when the owner of her business bought the building, a lot of the glass panes were missing/broken. Instead of replacing them, he decided they fit in with the "spartan, artsy" idea he had for the space and had the broken panes removed and nothing replaced. So the wind blows straight in and onto my girlfriend. And because this area of the building is open to the wind, it's not heated, whereas the offices/break room are.

She asked if she could bring in a space heater, but was denied since it made things look "cluttered" in reception. She started wearing a thick sweater or a jacket in the mornings and tucking crackle-pack heaters in her boots (she has super low blood pressure and her hands and feet go numb and bloodless in the cold pretty quick), but then she was written up for "unprofessional dress" and told that she couldn't use the crackle-packs since they made her "walk like a storm trooper" when showing clients back.

She's complained to the owner numerous times about this situation, but he always tells her she's being a baby and that it doesn't get that cold here (sure).

Obviously the solution is to quit, but since the owner is her late father's best friend it's kind of a complicated situation. Since I have to hear about it all the time I wanted to know, is this even legal? Can an employer really say, "well I don't care that it's 36 degrees in here, no coat for you! Deal with it!"?

If someone were to make a call to OSHA, is this the kind of thing they would deal with? Would anyone? Thank you.

Answer:
 > Obviously the solution is to quit, but since the owner is her late father's best friend it's kind of a complicated situation.

I don't want to say that you can't or shouldn't look into all of your options (and I will let the lawyers answer for that side of things), but I'm not sure what *better* option you're looking for in this situation. Quitting is going to look much better to this owner than bringing the law down on them.

I used to work for a family friend, so I know that it can feel like a tough position; but frankly, she's not *obligated* to work for them. Put her two weeks in (or whatever notice is required by contract), don't talk shit to/about the company, and leave amicably.Answer #2: Thermometers are pretty cheap. I would buy one, or several, and place them around my work area. And track the temperature in Excel for a few days. Then not only can she say specifically, "It's an average of 45 degrees" or whatever, but that will also be nice evidence in the future. Also, worthwhile to make sure her complaints to boss are in writing. And BCC her personal email address


Title: [TX] Family member was charged with child molestation because CPS and police failed to follow procedure. Now that he's acquitted, what next?

Question:
Hi everyone.  As my title indicated, i have a family member who was recently acquitted of child molestation charges that were completely unfounded.  During the course of the trial, CPS and the initial investigating detective admitted that they did not follow standard procedure, and if they had, charges would not have been filed.

My family member's life was essentially frozen for four years while we awaited trial.  During that time, he was forbidden from being around his family that were under 17 years old, he could not get a job as any background check turned up the pending charge, and he was driven into a deep depression and we feel a case can be made for defamation of character and mental anguish.

We want to go after CPS and the police department, but the firms that our trial lawyer referred us to would not go after state agencies or LEO.  I want to search the state bar website to look for a new attorney, but i don't know what to look for.

Any help you can offer is deeply appreciated.  Thank you

Answer:
 Civil rights attorney for malicious prosecution?  If it was malicious.
Answer #2: I don't have anything to add regarding pursuing a civil rights suit, but now that he has been acquitted he should look into having the charges expunged from his record.  I don't know the rules in TX, but in my state anything that does not result in a conviction is eligible to be expunged.  If it's allowed, it would at least help out with background checks/job search.


Title: Hypothetically, what happens if you find a federal wiretap on your property and destroy it?

Question: See title. Would the average citizen be expected to identify a legally-placed wiretap from an illegally-placed one? If picked up and tossed in the garbage, is it destruction of federal property, vandalism or both? American law, please.

Answer:
 I'm not going to Google it for you, but the answer you seek could be determined in your state by looking up the term "involuntary bailment ___________(state)" - The theory of bailment is what are your duties when you come into possession of something that belongs to another person.

As a practical matter, no one is going to prosecute you for destroying something that exists only digitally. Wiretaps are no longer devices that attach to phones for the most part, it is simply something at the phone company that record your calls pursuant to a court order. But assuming you're talking about something like a GPS device attached your car it's highly unlikely that they could prevail in a criminal case against you for destruction of property for something you found attached to your own car.Answer #2: There was a story of a redditor who had exactly something like this happening. He said something stupid here, and later found a blackbox thing on his car, posted *that* to reddit and it was identified as a GPS tracker or something. His stupid statement (or it was his friends, I forget) landed him under surveillance and he caught them in the act of it.

I remember the post of the dude finding the blackbox. Julia Angwin talks about it in her book "dragnet nation".

https://www.wired.com/2010/10/fbi-tracking-device/

https://www.techdirt.com/articles/20150506/15083030905/judge-throws-out-lawsuit-redditor-who-found-fbi-tracking-device-his-car.shtml


Title: (NJ) I was just fired for getting into an argument with my boss; my boss and the owner of the company I work for said, "I don't give unemployment," can/should I still file?

Question:
I've been working for the same commercial cleaning company for three years, starting at 17. I've been working part time, as I don't have a car, rendering me unable to get more hours. I walk to work. I've been working around 17 hours a week, and I get paid every two weeks. I have never taken a vacation or called out. My mother and I work for the same company, but she's a manager. She has worked there for about seven years.

For context, my boss is an ex-sheriff and was kicked off the force. He sexually harasses employees as well as his own clients, calls them racial slurs, and verbally berates them. He scares his female employees into doing work, my mother being one of them. He has sexually harassed her and threatens to fire her, saying "I pay your mortgage, so be careful." Three days ago, he called her while I was in the car, accusing her of refusing work, talking about demoting her despite her following her contract (she works salary) as directed. He told her, I quote, "choose your words carefully and watch how you speak to me." He heard me in the background of the phone call say "wow, this is crazy," because I was upset. He replied and said "excuse me?" and I slipped. I said "you're talking like an asshole." So he snapped back, called me a whore, and hung up the phone immediately. *I know* I was being unprofessional, he and I were both unprofessional. I just couldn't take watching my coworkers be verbally abused, especially not my mother.

Didn't hear from my boss or his ex-wife (she also works with him) at all. No phone calls or texts. Today, my bosses ex-wife told my mother to tell me that I was fired for what I said over the phone. My mom said that that was silly and human resources needed to do that, not her. She then went on to say that my mom is a "poor excuse of a mother" for not calling and apologizing on my behalf. Eventually the ex-wife called me, told me I was fired, and tried to start another argument with me. She said that I should have called my boss back after what I said to "ask for the job back, because I know you need the money." So beg. She took it a step further and said that I called him a "jerk off" and threatened him, which I never did. I told her that I never did, and she got angrier and tried to hang up on me again. I asked her how I could've apologized on the phone, since he called me a whore and hung up on me and refused to speak to me. I asked about my last paycheck. I'll be picking it up tomorrow. She hung up. I recorded the phone call.

I planned on filing for unemployment, but I have a feeling that I will be denied. My boss brags whenever anyone quits or is fired, saying that he never allows anyone to collect unemployment regardless of the reason, and his "lawyer can attest to that." I'm afraid that because of the reason I was fired, that I will surely be denied and I don't have a leg to stand on, because it's his business and he can do whatever he wants. He's also very rich, and my family is poor.

I don't know if this is relevant information, but when cleaners are hired at this company, we're given a handbook. In this handbook, it says that what I did (being unprofessional and getting heated during an phonecall) would result in a meeting and a disciplinary write-up. Two write-ups and you're fired. I was never given a write-up, or scheduled for a meeting, nothing. I was just fired. I've never gotten in trouble at work, not even a complaint from a client. I have coworkers who do drugs at work, fight each other, and steal from clients, and haven't been fired, so I know it's personal. I don't want to work for the same company anyway, I just want to file for unemployment.

Basically, should I file, can I file, for unemployment? Can I be denied based off of the reason I was fired? Can I do anything with the information I have about his harassing and belittling his employees, and refusing unemployment benefits for anyone? I'm sorry if this is jumbled, I'm stressed from my last phone call.

Answer:
 Whether or not you qualify for unemployment is up to the office of unemployment benefits, not your employer.

You can (and should) file for unemployment, and, if denied, appeal.


Title: Served Raw Chicken at KFC [ON]

Question:
Hey there

So, I went to KFC about a week ago and ordered a chicken sandwich, took it home and began to eat it. About halfway through, I noticed the texture changed, different taste and it wasn't white meat anymore. After examining the chicken, it was still raw and cold to the touch.

I immediately called the restaurant and spoke to the manager on duty, who remembered me. I explained the situation and he basically told me "Oh yeah, the fryer does that sometimes man. Sorry about that. I can make.you a fresh one now if you want" I obviously declined the free sandwich as I lost my appetite, and was more concerned about getting salmonella. I spent the next 12 hours spewing out of both ends.

Since I wasn't satisfied with his solution, I submitted a complaint to KFC corporate via their website shortly after speaking with that manager. I have yet to receive a reply, and it was been more than a week.

Is it worth it to hire a lawyer and sue them over this? Or is this just a waste of time?

Answer:
 >	 I spent the next 12 hours spewing out of both ends.

That was either something you ate preciously or completely psyhosomatic.  Salmonella does not work that quickly.Answer #2: Sue them for what? You're in Onatrio so medical costs are covered by the province.


Title: NY - Just got home from visiting family for the holiday weekend and found a jury summons in my mailbox. From right now, I have less than 24 hours to give excuse or I have to show up on Jan 3rd. (1 week from now). Are they allowed to give such unreasonably short notice?? Is there anything I can do?

Question: [deleted]

Answer:
 >I feel like I'm being punished for spending a couple days with my family.

You must be joking. The summons was mailed and you didn't get it because you weren't home to collect your mail. You are comically overreacting here. Call the court tomorrow and see what documentation you need to provide to get out of serving jury duty and drive it over there. Answer #2: No one is punishing you for being away. Show up for jury duty on the 3rd. That's short notice, but you won't be the only person in that position. You'll survive.

Edit: Dear lord you whiny brat. You can do automatic postponement online in NY.


Title: [MA] If a restaurant advertises a food item as "fresh", but it turns out that is store-bought or frozen, can you demand a refund?

Question:
No, this isn't something that came up, and it's not very important. I am just curious...

Example:

I go into a restaurant that has a banner out front advertising "fresh seafood". I ask the waitress if the calamari is fresh. She states that it is. I receive my food, try it, and it is stone-cold and rubbery... CLEARLY having been frozen for a while. After checking with the kitchen, she informs me it is pre-packaged calamari. Can I ask for a refund?

(Yes, I am aware a GOOD restaurant will always air on the side of pleasing the customer, and would not have the customer pay anyways were they not fully satisfied. I am curious whether I am legally required to pay if they falsely promoted their product.)

**EDIT: My phrasing appears to be poor. I'm talking "we made this food ourselves," but it turns out to be "pre-packaged, wholesale-store, microwave-to-prepare" food.**

*EDIT 2: I'm still getting messages letting me know that seafood is often frozen at the docks. I get it. Please see previous edit. I'm asking about the waitress 100% lying and saying "we hand-molded the dead cow into patties ourselves and grew the cheese from cultures" when they microwaved a 200-for-a-dollar walmart hockey puck.*

Answer:
 The trouble is, there is in the USA no definition of "fresh" per se.

http://articles.latimes.com/1990-05-09/business/fi-308_1_fresh-seafood


Title: Brother won't distribute mothers estate to other siblings

Question:
(Ohio)My mother died ten years ago and her will, a simple one, left everything to my two brothers and me, equal shares to each. She named one of my brothers the executor of her estate. He has not distributed the bulk of her estate, has not given us an accounting of it, and refused to discuss it. The state where my mother lived says that if an estate isn't distributed within 6 months or so the executor is required to give the heirs and annual accounting of the contents of the estate. He hasn't done this either.
I've asked him several times when he plans to make the distributions and he says he has no plans and clams up. It is a significant amount and my other brother and I are at an age where we need to put our affairs in order.
What can we do to force the distribution? I hate the idea of having to get a lawyer and sue my brother, but it is beginning to look like that is what we will have to do.

Answer: The money is gone.  You can contact an attorney to sue him to try to recover your share.Answer #2: A lawyer will force distribution. Nothing else can. Sorry, but you need a lawyer. Depending on the size of the estate, a good estate lawyer, not just a run of the mill guy.Answer #3: It is long past time for you to retain an attorney. But I suspect you already know that, and you're just coming here for confirmation. Well wait no longer.Answer #4: You need a lawyer yesterday.  As others have noted, the money is almost certainly gone.  Indeed, given the delay, you may face difficulty proving it was there in the first place.   Be prepared for an ugly, ugly battle with you brother.Answer #5: Hire a probate lawyer. Consult your state bar for a referral.


Title: How do you explain to clients that your boss has been stealing and you weren't aware and didn't have anything to do with it? Please read text for more clarity.

Question:
EDIT:  I DO HAVE EDIVENCE THAT THE PRODUCER WAS STEALING SO A LAWSUIT WOULD NOT BE IN THEIR FAVOR TO BRING ON ME.  I DO NOT WANT TO SUE MY BOSS, I JUST WANT TO BE DISTANCED FROM WHAT THEY ARE DOING.

I've been working in Fashion for about 8 years now. Prior to casting I was an agent in NYC. I have a lot of agent contacts. I began working for a Producer who owns their own production company back in July of 2014. The producer needed a Casting Director to book models for the jobs they were producing. The only employees in this production company was myself and the producer.

I brought my contacts to the producer and we have since booked over 15 jobs with bookings exceeding $50,000 in model rates alone. It has been great for me because I'm able to help out former agents I used to know while I was an agent in NYC. The problem is, the producer is not paying the agencies. I figured this out on my own by simply questioning why I wasn't involved in finances and asking to be BCC'd on emails so I can see rates and negotiations and creative discussions. I was never made privy to any of this and now agencies are emailing me constantly looking for their model's money. I feel like the producer is destroying my relationships with people that I have worked with for over 7 years. How do I let them know, without sounding like a bitter employee, catty, or crazy that I have nothing to do with the money and I had no idea.

Answer:
 > How do I let them know, without sounding like a bitter employee, catty, or crazy that I have nothing to do with the money and I had no idea.

You don't, because you don't have nearly enough information to make this allegation and because you could be sued for disseminating this information if it isn't true.

Find another job. Answer #2: "I don't deal with our finances so I can't give you an answer directly, but I can put you in contact with the person best able to answer your questions."


Title: Is it illegal to tie my car to a tree?

Question:
Hey,

Yesterday my car got into a tiny accident and the front of my hood crumpled a little bit. I took it to a shop and they said it would be 3k$ to fix it. The car still runs fine and there was no internal damage. Off the record, the shop person says I could probably try fixing it myself by pushing on the bent sections. I decided to try this as I have not much to lose. In addition to just pushing down though I get a come along winch to try and pull the hood out at the same time, I'm pushing down on it. I need something to tie it against though. I decided to try and tie it against a tree on the edge of a park near a deserted road. In order to not damage the tree, I use climbing rope and tie it around it 4 times. Then attach the winch to the rope and my car hood.

Eventually, a driver comes along and asks me what I'm doing. This is after I am packing up since it only kinda worked. He stops for a bit and I can tell he is calling someone. I hastily pack up and GTFO since I'm scared of getting into more trouble than I already am with a fucked up car hood. I'm stressed about this and don't know what to expect. I am in Massachusetts.

Q: Was what I did actually illegal/a big deal and should I expect to have to deal with the police?

Answer: Inal, but i would have used my own tree. People get mad when trees get damaged, tying a car to a tree is not illegal, but have you read any stories about damaged trees on here? Answer #2: Have you tried a rubber mallet for your hood? That was what my mom had me do after a deer strike. Worked to get out the bigger dents that I had


Title: [Michigan] I'm having an intimate relationship with my employer. Could I be in trouble for prostitution?

Question:
Until recently, I was working for a cleaning service. I was assigned to a job, and met the client at his home, where I would be cleaning. He and I hit it off, and we started seeing each other outside of work. Eventually, the relationship progressed to the point where we were sleeping together.

Also during this time, he offered to pay me more independently than I was making at the service, so I quit and went to work for him full time. Now that seems like a bad idea.

I didn't think about it until my friend mentioned it yesterday, but could this be seen legally as prostitution? He's still paying me to clean his house, but we're also dating and sleeping together.

This is in Michigan.

Answer:
 This kind of sounds like the plot to a Seinfeld episode.  [Yup, here it is.](http://en.wikipedia.org/wiki/The_Maid_%28Seinfeld%29)

How much more are you getting paid independently, than you were at the service?  Is what you're getting paid grossly above fair market value for maid cleaning services? Answer #2: Are you performing a legitimate job for this money?  Like, he hired you to do something non-sexual?

If so, then no, it's not prostitution.  Plenty of people hire their wives/girlfriends/sexual partners to work with them.  We can debate whether it's a good idea, but it's not illegal.


Title: Safety issue denied by GM onstar

Question:
I have a 2017 Chevrolet and after 90 days most but not all services from OnStar require a subscription and payment for such.  For most of them, I agree and could care less. I don’t need turn by turn directions and concierge service.
.
The system is capable of a major safety function in that if a crash is detected and airbags deploy OnStar will attempt to contact the occupants and if unsuccessful, contact EMS and dispatch to the location of the vehicle.

I feel that this safety function has no business being included in the subscription cost. If the vehicle was manufactured to provide this service it should do so for the life of the vehicle.

Is this a potential class action lawsuit?

Perhaps in Tennessee?

Answer:
 What? They aren't obligated to provide this service for free. Why would you think otherwise?!Answer #2: Would it be nice and cool for them to offer it for free for life? Heck yes.

Are they under any legal obligation to? No.

Should a home security system that contacts emergency services automatically upon break-in be free for the life of the house?


Title: (MD) Employee has refunded customer purchases and pocketed the cash. No actual refunds issued. Legal recourse?

Question: We own a small market in rural Maryland. Recently we have discovered one of our employees has - at the end of the day - been choosing receipts of actual purchases by customers to make a refund payout, and then pocketing the money. As of the current date, we know only of the past week of this occurring, totaling $1500, but she has been employed for over a year by us and we are looking into acquiring the older computer logs. Do we have any legal recourse?

Answer:
 You can do any or all of the following:

* Fire her.
* File a police report for theft
* Sue her for the amount of your losses.Answer #2: Report her to the police, file suit against her for the amount you can document, and recognize that you will never see a dime of that money again.

This is an extraordinarily common way for employees to steal from the till.  Many bigger stores have automated tracking systems that identify this, and many smaller mom and pop operations manually check refunds from time to time to attempt to prevent it or at least make employees aware that they're paying attention.

This sucks and you should absolutely pursue her for it, but you should also chalk this up to a business lesson and write the money off as a loss.  A small market should really not miss $200 of theft per day for a whole week, much less the ongoing theft that I'm sure was taking place throughout her employment.

Every small business gets burnt by this eventually.  Its easier to track and deal with it now - I remember how hard it was to figure out back in the day when cash registers didn't keep meticulous searchable records.Answer #3: Call the police. Now. If she has been employed for a year, then I guarantee she has been doing this for longer than a week. We have a girl on probation that worked the drive through for 19 months at a local Burger King and was "issuing refunds" to customers who paid cash and was pocketing all the money and ended up stealing over $38,000 in the time she worked there. Call the police.


Title: Is it illegal to buy nude pictures if both parties are over 18?

Question:
Long story short, met a girl on tinder. She said she's selling nudes. I ask to confirm her age, she says 21.

I cashapp her $10 and she sends me five pictures.

State: NJ if that matters

Is there anything illegal about this? Is there any difference from this versus girls selling their videos online?

Answer:
 > Is it illegal to buy nude pictures if both parties are over 18?

...dude...have you **seen** the internet?

Yes it is legal to buy naked pictures of a consenting adult.Answer #2: If it's verified that both parties are over 18, then no. The problem is that you may not know she is over 18. She could say, "yes I'm 21" and hell even show you an ID but those can be bought ya know? Just be careful is all I'm saying


Title: Student Health charging me to release records to ... me!

Question:
I am a student at the University of California Davis (UCD), one of 9 campuses in California. All of our student health insurance goes through the UC Student Health Insurance Plan (UCSHIP).

Today, they told me that to send records they had in their system to another doctor or provider there isn't a fee and they fax them over immediately. But, I wanted those records for my own record keeping and to see what information was missing from their docs, if there were any. To get those, I have to pay $5 and wait three days. I did, since this is a mild inconvenience, but it also means I am going into a specialist appointment not knowing if they have all the right information.

My question is, is this legal? Is this usual practice? This is after all MY data. I gave them access to this information (came from another provider) that they now have locked me out of temporarily. I made a comment to the person staffing their help desk and she agreed it's meant to inconvenience me, so that I send it straight to the provider, so I get uninterrupted care (?). That's super unconvincing and I'm peeved.

I believe the student Union is becoming active on the health care side (there's a UC SHIP committee forming right now). How do we fight this? Should I just give up? The UC has many problems and this may be the smallest one. It's the principal of it.

Answer: Yes, its common practice to charge a nominal fee for releasing records.Answer #2: It is your data but that doesn't mean there isn't a cost of gathering those records.


Title: [FL]Taking an item and leaving money on the counter

Question: If no employee is present, you take the item and leave the value equivalent to the sticker price on the counter, could you be considered guilty of theft?

Answer:
 >If no employee is present, you take the item and leave the value equivalent to the sticker price on the counter, could you be considered guilty of theft?

Considering that Florida charges sales tax, and you did not verify anything with the store clerk, yes, that could constitute theft.


Title: (Utah) what rights do parents have over their children’s property

Question: Say the kid bought something, what rights do to parents have over that thing?

Answer:
 If the child is a minor, pretty much all rights. Parents are allowed to control what their children own, have access to, and how they use it. Answer #2: They can take it away, ban you from using it etc...

Do you have some specific question?


Title: Voluntary Temporary Guardianship of my child to grandparents.

Question:
Daughter and I: Arkansas

Father and family: Missouri

My child is 3 years old and has lived with me her whole life. We escaped an abusive situation with her father right after I gave birth via being sent to a woman's shelter on my doctor's recommendation. There is a police report with pictures out there somewhere that supports my claims of abuse. I kept absolutely 0 contact with him and his family.

That is, until November of last year. I contacted his sister first, who put me into contact with his parents, who eventually put me into contact with her father. Ever since then we have been making visits when possible and spending holidays and birthdays together. Always under his parent's roof and with his parents present. Earlier this month they got to have their first sleep over without me present, and everything has been going well.

Now, for the reason I made contact with them... and for what I hope to achieve next.

In October of last year I caught my then-boyfriend... being inappropriate with my daughter. I would classify it as molestation after hearing her talk more about it over the months. When I saw it I put an immediate end to it. I called the AR abuse hotline, started an investigation, got a restraining order from him, and dealt with visits from DHS undoubtedly called in for retaliation against what I had done to him. The conclusion is as thus: We have our restraining order, but as of last month I was found guilty of true negligence against my daughter since the abuse happened in my home. I am now on a central registry list but have had little follow up with DHS about what this actually means. As far as I understand, I'm going to need to start counselling and to prove that I've done whatever it is I need to do to provide my daughter a better home.

Now, here's the truth of it. I really do need counselling. I do need to learn a lot of skills I don't have in order to build a better home. I fully intend to. However, I'm finding that as things are now and without going into too many details, I am simply not giving my daughter a good home. I feel it is in her best interest both immediately and in long term to temporarily live with his parents. I'm thinking a year long guardianship while we share the week with her. My parents are out of the question. He himself is out of the question. I am failing. So, the only option left is them.

I trust them to do what is best and right for her. And I trust them to work with me amicably to find a solution. My question here is how do I navigate this decision? How do I go about this? Knowing all these details would it be best to do this in court or come to an agreement outside of it? Do I risk losing my daughter forever if I make this decision? How do I best protect myself AND her?

I'm sorry if this feels jumbled. I am happy to clarify any information. Please help. Thank you.

Answer:
 So here's the issue: right now , you are in trouble for putting your child in a situation where she could come in contact with someone who would hurt her.

Now, you're considering sending her to live with the parents of a man against whom you have a restraining order.

As you can see, this could potentially backfire spectacularly. If the grandparents do wind up allowing him contact in violation of the restraining order, it will look like you have made the same mistake twice. CPS frowns on making the same mistake twice.

Do you have any other options?


Title: Sister-in-law being evicted

Question:
  My sister-in-law and her husband live in Georgia and have been staying in his granddad's house for a few years now for free/no written agreement. I think he had asked them to start paying him money for it last year that they did not do. But now hes basically fed up and is kicking them and their two kids out.
  Im wondering if theres any amount of time he legally has to give them to find a new place and get moved.

Answer: Georgia requires that month-to-month tenants be given 60 days notice to vacate.


Title: Discrimination!

Question: Was asked to leave a library book sale based on "suspicion". Also falsely accused of "loitering". My disability can affect the way I look. Do I have a case?

Answer:
 I don't think it's possible to be falsely accused of loitering.

Do you have "[Bitchy resting face](https://www.youtube.com/watch?v=3v98CPXNiSk)", or some variation thereof?Answer #2: "Suspicion" of what?

What disability do you have?

What, exactly and specifically, happened?


Title: Race I signed up for potentially stealing hundreds of thousands of dollars from thousands of people. What do I do?

Question:
Hello all,

So, I signed up for the Baltimore 10 Miler about a month ago. The cost of the ticket at the time was $100 dollars. Last year, roughly 3700 people signed up for the race.

This is where it gets interesting. Due to COVID-19, they cancelled the race. Instead of refunding participants, they declared a 'virtual race', allowing potential participants "Participate virtually by running your distance and on your own “course” at your pace on your preferred date...". They also offered to allow you to defer for the following years race. Given this, they offer zero chance of refunding for your ticket.

This struck me as unfair and frankly fraudulent. I emailed the company personally asking for a refund, and they responded saying that this would not be possible, but they will be donating a portion of the registration revenue to a charity. Upon further investigation, I found that the main charity they are donating to is the Mark Ranganese Family Trust. Mark Ranganese is the owner of Corrigan Sports, the organizers of the Baltimore 10 Miler. HE DONATED THE MONEY TO HIMSELF.

So I guess my question is, is this legal? Are there any circumstances where I can get my money back? The product I would be receiving is not near what I initially purchased.

Thanks for reading.

Answer:
 Well, their registration policy clearly stated that there's no refunds. Per their website, you have two options:

- Participate in their virtual event, and get the premiums for this year (already paid for), or

- Defer your registration to 2021.

Keeping in mind that organizations hosting events like this have large amounts of fixed costs (premiums, office, staff, potentially non-refundable contracts with event vendors like sound, staging, fencing, porta potties, timing, etc). With that in mind, it looks like they're doing everything they can to be fiscally responsible while dealing with the pandemic.


Title: Falsely accused of sexual violence, injunction hearing coming up, can I get some sort of legal retribution/sue in civil court?

Question: In Florida. Long story short, had consensual sex with a girl, we were friends and I guess she regretted it, several days later she reports sexual battery to police, files temporary injunction for sexual violence. In her statement on the temp injunction there are several gross mischaracterizations, probably no perjury. The police did a controlled call with her calling me, nothing has come of it after a few weeks, haven't even been questioned. I have representation for the injunction hearing. I'm just shocked that someone can lie on this injunction form and totally try to screw up my life and/or put me in prison. She texted me and said she remembered nothing, yet was somehow able to remember (or make stuff up) when it came time to file with the police and for the temporary injunction. Just ridiculous that she is getting away with this, costing me a lot of money on lawyers. I believe she was coached by the police when writing the statement for the injunction filing, as there are many incorrect statements, but probably no case for perjury. Can I sue her for my legal fees, emotional distress, etc.? Any other legal avenues for retribution? I will consult with my lawyers as well, but I just woke up to my car being vandalised, I'm kind of pissed just need some advice, and it's Sunday, so I can't really call them. Thanks.

Answer: She told you she didn't remeber anything? Was she drunk?


Title: Campus Public Safety took my bags with no concrete evidence, NEED HELP FAST.

Question:
Hello Redditors,

I am located in Vermont.

I need some help from you guys. Ok so last night CPS (Campus Public Safety) was called to my dorm because my roommate was smoking marijuana in the room. I was not aware of this, I was not in the room at the time. CPS comes because the RA called in the smell, they come go into the room and confiscate all of his stuff. In the process one of the CPS officers questioned my roommate about the bags next to my bed, this is because they are girls bags and don't look like that they belong in a guys dorm room. The bags have glass in them which also sound like bottles of alcohol. I am 18, and our campus is a dry campus so alcohol is not allowed and if there was any in the bag that would be illegal. The CPS officer proceeds to kick the bag lightly, she hears the sound of glass and starts to feel it. They ask my roommate if he can open the bags, he says that they aren't his. Keep in mind there are three bags next to my bed, 2 have glass in them and the other one is open and has my books in it. Then they proceed to seize all three bags of the bags including the open one with my books. Which makes no sense because it is clear that it only has books and school supplies inside.

Is this illegal, that all they heard was the sound of glass, and took all the bags including my school bag. These bags all have zippers and were zipped shut.

I found nothing about them being about to seize students possessions in the policies the college has. In order to get my bags back I have to empty out the contents in front of them which I believe is a breach of my privacy, because they had no hard evidence to take the bags in the first place or have sufficient evidence to have me open them up. I want my bags back, and don't want to show them whats inside. According to the schools policies do they have the right to seize my stuff on the basis it "sounds like alcohol"?

On the basis that what they did was legal can they go into any room and if they find a bag that doesn't look like it belongs, kick and feel it, if it makes noise of glass take it, and call that noise evidence for seizure? Once again when I looked through the policies is says nothing on them taking students property. I am hoping I can get my bags back without showing the contents. Please help me if you have any questions I will gladly respond, or if you have any solution please send them my way. Also if I am in the wrong what they did was completely legal but something just didn't sit right. Please and thank you for any help possible.
Topic:
School

Answer:
 Is there actually alcohol in your bags?

If your end goal is to get your bags back, show campus security that the contents are not alcohol, and then deal with the possibly-improper seizure afterwards through the school's administration. If your goal is to make a point, hire a lawyer and sue for the return of your bag. I don't think there's a middle ground where you get your bags back quickly, without complying with the request to open them.

Generally, the school has no special right to keep your property. However, they also don't have to permit you or your property onto school grounds, including the dorms.


Title: I'm getting married and have a couple questions about changing my name, legal documents, and health insurance (California)

Question:
I'm getting married this Sunday to a wonderful woman and am super stoked! We're leaving to go travel around America this summer and have a couple questions regarding the legal aspect of our marriage before we depart. I guess I'll get right down to it, then.

1. I'm going to take her last name (let's use the name "Smith" as an example) but also want to keep my last name (let's use the name "Jones") as a middle name, while also keeping my middle name given to me at birth (let's use the name "Anna"). All together, that would be Jane Anna Smith Jones. Is this possible? I'm not looking to have two last names or a hyphenated last name. She also wants to adopt my last name as a middle name, would this be possible as well? How do we go about making this happen?

2. Once my last name has been changed, what changes, if any, to my legal documents do I have to make? Do I need to apply for a new passport? Do I need to change my signature? Is there anything of importance that I should be aware of regarding changes to my legal documents?

3. As an add-on to the question above, I have dual citizenship with the US and France. Do I need to contact the French embassy, or do I actually have to physically go to France to make the marriage official overseas? Is there a time limit for this? What rights does my wife-to-be have in terms of visas, citizenship, and travel options, if any, once we tie the knot? And again, is there anything of importance I should know about on the topic?

4. Finally, I am currently covered under my parents’ health insurance, but they have informed me that once I get married, I would no longer covered by them. When would be an appropriate time to seek new insurance, and what is the amount of time I should expect to wait after applying until I get insured? Should I contact my old health insurance provider? How does the whole process work?

Well, that’s about it in terms of what we need to know! If there’s any other information that would be useful and just good to know, please let me know. Any advice would be great and really appreciated.

Answer:
 1 - Yes, you can move your last name to take two middle names.

2- you go to SS, change name. Get card. Start changing names on DL, CC, Checks, Loans, etc. You can apply for a change in the name on your passport. You should. Women get a pass by just taking their marriage license. Men are going to have a rough time of it IMO. But technically you can use your current passport and marriage license.

3- No clue sorry

4 - You should start looking now. If it is work insurance (for either of you), you can change it within thirty days of the marriage.


Title: A guy that I have blocked keeps sending me messages through new means.

Question:
Hi,

So a guy I was previously interested started throwing red flags, so I blocked him.  Turns out, he didn't like that much.  He has continually made new email addresses and sent messages to my phone that way, and he even found my work email address and started messaging there.  I just sent him a reply stating "do not contact me through any means."

Here's the problem, none of his messages are remotely threatening or sexual in nature.  They're just stupid jokes and "friendly" tidbits about his day.  He says he wants to be "friends" a lot.  He hasn't shown up in real life at all, and I'm not sure whether further messages would give me enough justification to get law enforcement involved.  Advice?

Answer: Stalking and harassment statutes are incredibly varied depending on location.


Title: Manager on Salary puts herself in tip pool on busy days (Arizona)

Question: I work for an independent restaurant that’s also a catering business and mostly in the restaurant portion, my manager who gets paid on salary and mostly works for the catering will on busy weekends add herself to the tip pool and work the service even though she doesn’t get paid server wage like everyone else. She’ll get up to a $100 and no one can say anything because she’s the boss, is this legal? Or is the better question how illegal is this?

Answer:
 If she is working a servers job where she would normally collect tips, then she is entitled to those tips which she earns, however, as a manager she cannot participate in the general tip pool.

Edit - Moving [this article,] (https://www.wagehourinsights.com/2018/04/new-tip-pool-rules-changes-to-the-flsa-and-dol-guidance/) on recent changes to FLSA law that make its clear this would be illegal, up front.


Title: I just realized that I sexually abused my sister as a child. (Georgia)

Question: I think I'm going to literally vomit if I have to type this out again but uh... [Here is as much a summary as I'm put together enough to give.](https://np.reddit.com/r/confession/comments/66ffb8/tough_lovei_sexually_abused_my_sister_as_a_child/) My legal question is, will I be reported automatically as a pedophile for going to a therapist about this? I mean turning myself in might be what I should do, I don't know, but if this is going to start a chain reaction like that I'd like to get my affairs in order.

Answer:
 EDIT: /u/pythonpoole is correct, your therapist would be obligated to report you due to Mandated Reporter Laws, regardless of if it is privileged communication.

~~No. Your therapist could not disclose such information as it is privileged communication.~~

GA Code § 24-5-501 (2014)

>(a) There are certain admissions and communications excluded from evidence on grounds of public policy, including, but not limited to, the following:

>(1) Communications between husband and wife;

>(2) Communications between attorney and client;

>(3) Communications among grand jurors;

>(4) Secrets of state;

>**(5)** Communications between psychiatrist and patient;

>**(6)** Communications between licensed psychologist and patient as provided in Code Section 43-39-16;

>**(7)** Communications between a licensed clinical social worker, clinical nurse specialist in psychiatric/mental health, licensed marriage and family therapist, or licensed professional counselor and patient;

>**(8)** Communications between or among any psychiatrist, psychologist, licensed clinical social worker, clinical nurse specialist in psychiatric/mental health, licensed marriage and family therapist, and licensed professional counselor who are rendering psychotherapy or have rendered psychotherapy to a patient, regarding that patient's communications which are otherwise privileged by paragraph (5), (6), or (7) of this subsection;  and

>(9) Communications between accountant and client as provided by Code Section 43-3-29.

http://law.justia.com/codes/georgia/2014/title-24/chapter-5/section-24-5-501/

>I mean turning myself in might be what I should do

Since this is a subreddit for legal advice, I would advise you not to turn yourself in.


Title: (Q) Hostile work environment

Question: [deleted]

Answer:
 Most people don't understand what a "hostile work environment" is in the legal sense. What you've described isn't it. An asshole boss is legally fine - unless the motivation has to do with your membership in a protected class.

Can you give us specifics as to what he's done? Especially if anything had to do with your race, gender, religion, nationality, or something similar.


Title: CPS is investigating over 'wizard' comment.

Question: [deleted]

Answer:
"they were late with rent twice"  is a perfectly good reason, not "no good reason"Answer #2: CPS has a responsibility to investigate anything suspicious, and the child's words are enough to set off warning bells. That said, it sounds like they are satisfied so far that no abuse has happened, which is your best cast scenario.

I would not have other people (non-family) staying at the house while this is going on. Answer #3: How are 4 grown adults living in a large house unable to come up with lawyer money?

Cooperate with the investigators, keep the house clean and full of food, and under no circumstance should you son be left alone with his daughter ever again. Answer #4: I'm a bot, *bleep*, *bloop*. Someone has linked to this thread from another place on reddit:

- [/r/bestoflegaladvice] [You're a suspect, Harry!](https://np.reddit.com/r/bestoflegaladvice/comments/5sltix/youre_a_suspect_harry/)

[](#footer)*^(If you follow any of the above links, please respect the rules of reddit and don't vote in the other threads.) ^\([Info](/r/TotesMessenger) ^/ ^[Contact](/message/compose?to=/r/TotesMessenger))*

[](#bot)


Title: [New York] Relative passed away. Different relative not included in will. Different relative suing those included in will.

Question:
.
Topic:
Wills Trusts and Estates

Answer:
 consult with a lawyer. ask him whether you will be able to recover your costs from the plaintiff. you may be able to.

but generally, the answer is that will contests are pretty common. and yes, when you get sued, you gotta defend yourself. and that costs money.


Title: Reporting a Physician (Texas)

Question:
I want to report my late wife’s “physician” to the medical board and was wondering if there is any liability on my part. I can’t prove anything it is all what I would think is hearsay.

I won’t type the details here unless I need to, it is very painful. You can ask if that is necessary or read my post history.

Answer:
 I've read your profile, and I'm very sorry for what happened to you and your wife.

Go ahead and make the report.  You lived through the experience with her and this "physician," and your testimony is evidence.  They can also subpoena her medical file, the files of any pharmacy that dispensed ineffective drug treatment, etc.

The only liability you would have is if you lied about what happened or were found to be making a report in bad faith.  Just be honest and forthcoming about what happened and you'll be fine.

I am not an attorney, but I am a pharmacist who takes care of patients with cancer.  I only recommend and dispense the evidence-based standard of care.  It's heartbreaking when they are taken in by con men with unscientific woo and snake oil to treat their deadly disease, instead of the scientifically sound medical options.  Good luck.  I hope you get this guy.


Title: What can I do about uncomfortable apartment temperature in Texas?

Question:
Its 95 degrees outside. Its 82 in the rest of the house, 86 degrees in the nursery. Recommended temperatures for infants is 68-72F. They have checked 3 times this last year and said nothing is wrong with the apartment, but the neighbors are set to 70 and they are at 70. Ours is set to 72 and is 82/86F.

We really dont want a fuss and we know the landlords but this is getting unbearable and potentially harming our daughter. What can we do?

Answer:
 You can move out when your lease is up. AC isn’t an essential for habitability like heat is. If you think the landlord has breached the lease you can seek financial compensation by suing them, but I wouldn’t count on that working.

As an aside, infants lived in the heat for 10s of thousands of years before AC was invented, this isn’t putting your child’s health at risk provided you properly dress them.


Title: While on jury duty, I was fired for not working a Saturday that I was scheduled off for.

Question: [deleted]

Answer:
 > I was scheduled to be off Saturday. I informed them I wound not be in

I'm confused. When I'm scheduled off work I don't call them and tell them I'm not coming in why did you?


Title: Are there any ramifications for ignoring the Costco receipt person and just going passed them?

Answer:
 They can cancel your membership.Answer #2: Termination of membership.

In non membership stores you have no obligation to acknowledge receipt checkers.


Title: If I went into a bank and passed a note to the bank teller saying "Put xx.x money in the bag and hand it to me quietly.

Question: If i or someone else did the above and was caught, couldn't I or my lawyer argued that the bank teller handed it to me? If I had no weapons or anything.

Answer:
 Yes, they could argue that.

And they would lose and you'd be convicted of bank robbery.Answer #2: Note this is how most (Smartish) bank robbers work. They don't use guns or anything that would add 20 years to the sentencing as it's just not needed.

They are actually trained to give you the money and not notify anyone until you are out of the bank. Given you've just robbed a bank, the FBI office is now involved and you will be hunted down...Answer #3: you should add "please" and it will be fine


Title: TX-Employee Used Us to Acquire an Advanced Degree and is Now Leaving to Work for a Competitor. Can We Request a Payback of Those Expenses?

Question:
**EDIT: Thanks for the responses. It's come to my attention that requesting legal advice on r/legaladvice as a business that offers legal services is frowned upon. I really wanted to pick the brains of all of you (and honestly I was a little angry at the time I posted because I also felt like my personal kindness was abused by the employee, so again, sorry), but if this subreddit is taken as serious legal advice sought by its posters, then I apologize for the inappropriateness. Well, I apologize regardless.**

**I'll be sure to get our paperwork edited to prevent future occurrences like the one outlined below from happening again. Thanks!**

We are a small firm based off of TX. We are only 1.5 years old. We have been doing well and have slowly been working ourselves up to being able to provide higher pay and benefits to our employees.

We have an employee who recommended us to an Advanced Paralegal program. In response, we offered it to all of our paralegals. We paid them $100/weekend to attend (as it was a weekend course) and paid 50% of all expenses (tuition, books, etc.). This employee has now used this degree to work for our competitor in 2 weeks (she resigned yesterday). Our competitor is huge and has been in operation for many years. We have asked if we can make a counter-offer and she has declined twice (that is, she hasn't even allowed us to determine if we can make a counter-offer for her to stay). We fear that she will disclose trade secrets to our competitor as they are, as all big names across many industries, pretty ruthless.

While we were willing to be extremely kind about everything, as always our kindness is being abused again. (We supply our staff with drinks, snacks, frequent lunches, a very laid back environment and schedule, advancement opportunities, etc., and this is the 3rd time we've had an employee abuse it and then leave).

This employee has tried to recruit our other employees to apply for the same competitor during lunch breaks. She is now also communicating with managers and partners separately and at different times stating one thing to the managers and one thing to the partners. For example, the manager transcribed her Exit Interview and requested that she review it. The manager informed her that if she was not comfortable with any of the transcript, she can simply submit a request for it to be removed or changed. Instead of doing so, she went to the partners and informed them that she did not even say what was transcribed. Our manager CC'd her and the partners on the drafted transcript. Our manager has no reason to and would never lie or blatantly misrepresent what was said during the interview and then send it to the interviewee themselves and our partners.

She has signed the following throughout the duration of her time with us:
1. Non-Disclosure Agreement
2. Proprietary Information & Inventions Agreement
3. Employee Handbook

I 100% understand the need to look after yourself and go for opportunities as they come knocking, but she has done so while harming or attempting to harm our small firm. We want to maintain civil, but if any of her actions violated her agreements with us we would like to part ways without letting our small firm be used again.
Topic:
Other Civil Matters

Answer:
 You would only be able to go after her for tuition if she agreed she would owe it back.

>  and this is the 3rd time we've had an employee abuse it and then leave

So what have we learned??????  Make repayment of tuition a condition of receiving the benefit. This is common.Answer #2: If she is attempting to poach talent or is otherwise causing problems you do not have to let her work out her two weeks. I would escort her to the door immediately with her things in a box. If you want to retain your status as a ‘nice’ employer you can pay her out for those two weeks, but you don’t have to do that either.

There is absolutely no reason to keep an employee around that is trying to take your other employees with them on their way out the door. Answer #3: Paralegal training?  Does that make you a legal services firm soliciting legal advice from reddit?


Title: Can I throw furniture off my balcony (Canada)

Question: I'm moving out and I live right above the garbage area on the second floor of my apartment. I have a few large armchairs that won't go through the stairwell/doorways easily. Was wondering if I could toss them off my balcony (making sure no one is there of course) and then run down to move them into the dumpster. Location is Ontario, Canada.

Answer:
 you have my permissionAnswer #2: This is one of those thing that is technically gonna be legal, but which is almost certainly an awful idea. If your flying furniture damages anything (the tarmac, vehicles, the building wall, etc) you're liable for that. You could also conceivably be cited for a breach of the peace if you're making a bunch of noise doing something dumb.

I recommend you either take the chairs apart and carry them out, or simply give them away and let the new owner figure out how to get them down the stairs. I've solved similar problems with a "Free X, you carry it away. Bring 2 guys and a truck. This shit is big and heavy and I ain't helping" Craigslist ad.


Title: My neighbor is trying to make everyone pay for community services without a HOA

Question:
I live in a set of townhomes in Texas and lately one of my neighbors has been trying to arrange gardeners to help maintain the plants at each of our locations and the common areas which include a shared driveway and mailbox area. I was hesitant at first since her town home and the ones around her had actual gardens that need tending to and those around me don't have gardens, yet everyone was to pay the same amount (I only have one set of hedges and feel like my fee was subsidizing the gardening of others). The original person she hired was claimed to have cleaned common areas but my roommates and I found no material difference. After a few times, the service was canceled because a few houses weren't agreeing to it.

Fast forward to this week - She has sent a new letter for a more "comprehensive" service that is more expensive than the one before and states that with majority approval everyone will be required to pay. There is no HOA where I live and when I asked for the bylaws that would force me to pay I was told there is no HOA thus majority approval is justified.  That doesn’t sound right but with common areas I am little unclear. Majority has approved with all those with gardens signing up.

I have done a decent job maintaining my property and don’t see the need to pay for a service that does not seem to be needed. The shared spaces are perfectly fine IMO and don’t require any further work to them.

I have looked through my documents and don't see anything that says I would need to go along with such an agreement if I don't approve and know I am not bound to a HOA either.  After I offered to opt out and just take care of my own property and spaces surrounding my place I was told I still need to pay for the shared services. I'm not entirely against the services, I just don't trust the process (needs more transparency) and think the fees are a bit higher than they should be. Will I eventually have to cave in and pay for this extra fee or am I correct that I don’t have to pay if I don’t want the services?

Edit: Formatting & Thanks to everyone who helped lead me to what I believe are the correct legal documents that help defend my argument after lots of sleuthing around! Hopefully if this happens to someone else this thread can give you some ideas of places to start looking for answers.
Topic:
Real Estate law

Answer:
 If there is no HOA or condo association etc, who owns the common spaces?

* If you are not sure your city or county should have a map of the property, it will show if there are any common areas. It is my understanding that if a developer does not designate an HOA to maintain the common areas then the developer still owns them and is responsible for maintaining them. Answer #2: While you may not have a HOA, that does not mean that there is not a mechanism for home owners to deal with common area issues.  Also perhaps common wall and common roof issues if such apply.  Given there is a common area, there probably was something governing that unless these are really old town homes, most new developers stick in at least some basic rules even if they don't go full blown HOA.  It may not be in your deed itself but as an additional document that came with the purchase.

Or in simply put, no HOA doesn't mean you don't have to pay.  Depends on what else there is.  Ask those who want the garden to provide proof they can arrange for landscaping with majority approval. The landscaping contract (assuming there is a C&R that allows this to happen) itself also matters.  Depends on if you're subsidizing others or if you're merely paying for your share of the common area and others are bundling in their own lots and paying for them to get a bulk price deal.Answer #3: If you don't pay, do they have a method to enforce the fees?


Title: (New Jersey) Paver Patio materials truck caused deep ruts and assorted impressions in 9 month old driveway.

Question:
Hello from New Jersey!

I got a new asphalt driveway installed in October of '18, which has held up wonderfully. When finished, the contractor told me not to drive on it for a week.

Fast forward to Monday of this week, we're having a paver patio installed. The truck and trailer filled with the base material (the driver said no more than 10,000 pounds) have left a couple of tire ruts, and some impressions where trailers were resting on jack stands.

When I pointed this out to the mason, he cited this had never happened to him before, and it shouldn't have happened. He then went on to say that the driveway contractor most likely didn't put enough base material down, and that I should contact him to see what he says.

The driveway contractor said there definitely should have been some plywood under the wheels of the vehicles, to better disperse the load. He's coming later this week to assess the damage done.

My question for you all is, what recourse do I have? Here is the contract item in question

Limitation of Liability: (company) will exercise reasonable care to avoid damage to pavement, curbs, shrubs, etc.. However, (company) is not responsible for any damage to walkways, driveways, landscaping, or other improvements caused by tree removal, stump removal, stump grinding, or vehicles including crane used for tree removal.*

I think "reasonable care" would have been to put plywood down under the wheels where the load was heaviest.

They do have insurance, and I really don't want to get into a he said/she said between the two companies.

I still owe half the job cost to the company.. Should I hold the check until I get a reasonable solution?

Any help you are able to provide would be very helpful..

Answer:
 Since the asphalt has been there since October, its not that. The problem is that the driveway sub-grade was not completely compacted, or incorrect materials were used in the back fill (under the asphalt). The paver delivery truck just accelerated the final compaction, but it was going to happen any way, eventually. A driveway that was constructed correctly would not sink.
 And this is not uncommon, think cement trucks, appliance delivery, construction materials, etc.
I cant say that I have ever seen a contractor put down plywood on a driveway for a residential delivery. Sometimes under dumpster wheels they put little plywood squares to keep them from sinking, but thats it.  I am sorry about your situation, but since the contract excludes damage to driveways by vehicles, I think you will have an uphill battle getting them to pay for your driveway. I can predict that the contractor will claim that they have been using this truck to make paver deliveries for many years and this has never happened before. I believe that you will have more luck with your driveway contractor. They should know how to do compaction for driveways. On commercial jobs, we require compaction testing from a 3rd party prior to top coating.


Title: Someone hit me at a two-way intersection. I swerved into private property and broke a brick wall. What now?

Question:
[CA] I was going down a street where there were stops on the left and right. Someone was stopped on the right for a stop sign, and I maintained speed. As I was going down through the intersection (I did not have a stop sign), she hits my back near my right wheel and I spin out of control. My front slams into a house on the right's brick wall, and I break it. My knee hurt after. We exchanged insurances, etc, and filed a police report.

What happens now? She is liable for the damages right, because she hit me and I spun out?

Answer:
 > What happens now? She is liable for the damages right, because she hit me and I spun out?

The homeowner contacts your insurance company to pay for the damages caused to the wall. Your insurance company bills the other diver's insurance company for damages to you, your car, and the wall. They then either negotiate until everything is paid to everyone's satisfaction, or start filing lawsuits.


Title: URGENT! My relative was probably have been set up by his girlfriend IDAHO

Question:
I'm freaking out at the thought of him going to jail. The cops responded to a 911 call from my his girlfriend's apartment that ended ubruptly when the operator couldn't get an answer when they called back. They found him there in a hyper state under the influence.

He had her smashed phone under his foot and some synthetic drugs and approximately 3.5oz of marijuana on him The back door doorknob was broken. His girlfriend had a broken rib and bloodied, bruised nose and was hiding under a table. She had broken his nose and the cops say it was self defense. They found a baseball bat with her blood and his prints on it and spots where the drywall had dents in it. The neighbors also called 911 because of the screaming.

He has never done drugs but he had synthetic drugs and alcohol in his system. He doesn't even remember anything that happened after he got there. He says she invited him over, she says she ended the relationship after she caught him chatting with other girls on Tinder and he forced his way in. A hair test showed no past drug used except for marijuana. He's never had problems with the law before.

I know it looks bad. But he would never touch synthetic drugs or hurt anyone I swear. He thinks she drugged him and set him up. If I didn't know him so well I would think he was lying. I don't want him to go to jail and please immediately desperate what can I do. How long could they send him to jail for? He can't even get bail because they think he he's a risk but his girlfriend isn't acting traumatized at all. IDAHO.

Answer:
 There's very little you can do for him besides hiring him a Criminal Defense Lawyer right this very second.

The idea that she drugged him and set him up is much harder for a judge or jury to believe than the implication that he did it to himself and just doesn't remember.

You poking around isn't going to help and might even spoil some things. It's *very* important that you don't pick a fight at this critical time and it's *very* important that a good lawyer get involved *immediately*.


Title: [NY] Mother-in-law passed away, owned property, and left behind a bit of a legal mess

Question:
Here's the deal:

* My mother-in-law recently passed away.
* She had a husband (not the children's biological father) and two children.
* She owned property which is worth much more that she paid for at this stage, but still owed money on it. Her husband's name was not attached to this.
* She left behind a will, which she may not have seeked legal advice on, and as such was not signed by the correct number of witnesses. It's my understanding that this doesn't legal count as a will because of this.

I guess my question is: what next?

The husband and children want to honor the 'will'. It lays out that the husband can continue living at the house, and that when/if he decides to leave and sell, the money from the sale will be split in a certain way between the three of them.

A family friend who works in law (but not specifically estates etc) has suggested a couple of things:

* First that the husband needs to go through probate court to obtain ownership of the house.
* Secondly (and this is where it sounds a little excessive), that all three should get independent lawyers, and draft a contract between the three of them saying they want to abide by the will, and protecting the property from any potential future spouses.

Ideally, we'd like to avoid any unnecessary legal fees.

Any thoughts would be appreciated!

*Edit: Thanks for all the help guys! Sounds like what the family friend lawyer suggested (backed up by a bunch of you) is about the most reasonable and safe option to go forward with.*

Answer:
 That advice sounds reasonable to me, if you want to honor the defective will with the least risk of a legal battle.

Each beneficiary who would take a share under probate (ignoring the will) probably has a right to sue to set aside the will.  A court would decide on the will.

Avoiding that would require a contract, as you mention.

But even a contract could be attacked by an interested party on the grounds that they did not have fair access to legal advice.  The attorney who drafted the contract cannot equally represent all parties, because interests will almost certainly conflict.

Requiring each party to have their own counsel could reduce or eliminate that concern.

But all families are different.  My brother and I would not need a contract to honor our mother's wishes.  Your spouse's family may be like that too.


Title: Help with a hypothetical situation involving a high school

Question: I’m writing a paper around the following hypothetical situation. A 15 year old student had his backpack searched for a wallet that had gone missing. A knife and an unmarked bottle of pills was found. The school had a “zero-tolerance” policy and the student was immediately given a five day out of school suspension. The police were also contacted. My paper has to summarize the event and provide background for the superintendent, including relevant cases and laws. I’ve already discussed the “reasonable suspicion” precedent set by New Jersey v TLO but am wondering if there are any other cases or laws that jump out at anyone as being applicable in this situation. Thanks!

Answer:
 Basically, as a research guide, I suggest two things. The first is to go down, and the second is to go up.

Going down: read the opinions (including dissents) in NJ v. TLO and note down what cases are cited. If the citations seem relevant, those cases might be worth checking out.

Next, you can go up. I know there are free websites that do this, though I’m having a little trouble from my phone. You can search a case, like NJ v. TLO and see what appellate cases have cited it.

Going in both directions should yield a plethora of cases relevant to your topic.


Title: NYC My best friend (non US citizen) was visiting NYC for a conference tried to buy coffee mugs a Starbucks for souvenirs and was accused of stealing by the manager and arrested... Looking for advice!!

Question:
I am not sure where to begin, I am shaken by anger and frustration by this and am seeking a little advice on how I can help my friend.

One of my best friends was in NYC from Guyana for a 3 day professional conference, on his last day in town he went to buy some souvenirs from a Starbucks in NYC (location can be provided if it is relevant). He could not decide which mugs to buy, which is a problem I too have had many times before, he was going back and forth on the options when the manager without warning locked the door, informed him that he was stealing and the cops were called.

He was arrested by the cops and booked. I am awaiting the details of the arrest, but he was given a summons to return to face the charges. He was able to catch his morning flight out and has left the country.

I am incredulous about this, my friend is a very good and upstanding person, he visits the US frequently for work and to attend conferences and is now faced with the reality of having to return on his own expense to face completly ridiculous / false charges.

My questions are:
1. How can someone be arrested for theft without actually stealing anything?
2. There is not evidence of a crime. Is it possible to contact the court or someone to have them look at the case and agree not to file charges?
3. Is there any way he/I can deal with this without having him to expend a lot of resources and time to deal with these charges?
4. What else can I do to help?

This man is one of my closest friends and was the best part of living abroad, I have only returned to the US three weeks ago and then this. I am very disillusioned by my country at the moment and want to do all I can to help my friend.

Thank you

Answer:
 Were you there? Who knows what the manager saw or thought he saw.  He can hire an attorney to represent them and try and get everything dismissed.  But if he misses a court appearance he could be arrested anywhere in the country at the airport if he returns.

> Is it possible to contact the court or someone to have them look at the case and agree not to file charges?

Well you couldn't, but a NYC attorney could.