Title: [Ince-in-Makerfield, UK] Woman in West Virginia, USA phoned my business and asked me for money, constant abusive messages, how to deal with this legally?

Question:
Throwaway for privacy and identity reasons. I posted this here rather than at the legaladviceuk subreddit since it involves the USA, not UK.

I run a business in Wigan, and recently I've been getting phone calls and abusive messages/voicemails, demanding $500,000 (which, according to Google, is worth £344,721) and to pay it within 90 days or she'll tell everyone I slept with her.

The thing is I've never even met this woman. I did a 1471 on the abusive messages and they turned out to be from West Virginia, USA, they had area codes 301 (prefixed with the 001 code since it was international). The woman spoke in a thick American accent and the calls were rather angry, and one call was asking about sex and when "she'd like to fuck my big dick".

I suspect this woman has got my phone number from a business directory, my business is fairly well-known in Wigan (won't say what or who, just that I'm self-employed and travel for work).

I've kept the recordings as evidence, told my wife, she knows I'm not having an affair, said the woman was "mad, crazy, stupid, not someone I'd like to meet" and suspects she's trying to extort money from me.

Your rules say posting personally identifiable info is a bannable offence, so I've only given my town and basic detail.

The reason I'm asking here is due to the nature of the offence; under whose laws is this prosecutable, British, American or both?

I'm not a legal expert so seeking advice in the matter before this gets any worse.

If anyone could help me work out the best legal way to deal with this, I'd be very grateful.

Hope I explained this all OK, not familiar with this site's etiqette, but there you go.

Answer:
 Call your local police in the UK and make a report that you're being harassed and extorted.

And if you have the money, hire a lawyer in the city in West Virginia where she lives to go in and meet with the police about it and to convey a copy of your police report in the UK.

If you don't have the money you could always call the police where she lives yourself and send a copy of the report you file locally.
Answer #2: Not that it probably matters, but 301 area code is in the Maryland/Washington DC area.  West Virginia area code is 304.


Title: [US] Host Ignoring My DMCA notice.

Question:
I've recently came across some content that I wrote, and that the owner of the website broke their terms which would make the license to use my content revoked (?).

The owner of the website (Located in GA) was not willing to remove the content so I (Located in NH) submitted a DMCA to the Host of the site (Located in TX). The host ignored it, then proceeded to make a post on Webhostingtalk (a popular forum) stating how their review found that the content was allowed to be used by the site because of the terms of service (which were revoked?).

My question, does a host have the ability to do this? That seems like where the Counter Notice would serve it's purpose; I don't think the Hosting company can (without a lawyer) just do the job of a court of law and decide whether my Intellectual Property was violated or not.

What would be the next course of action. I sent a local internet law attorney an email with the situation, however, I don't think he practices this area (more software development).

Does the host have the ability to do this? Shouldn't the website owner be submitting a counter-notice then I would theoretically have to take it to court if I received a counter-notice.

The reason I want it removed so bad is because this content doesn't reflect my character anymore and I don't want it floating around on the internet. I wrote it about 2 years ago, and a lot has changed and the website owner is being stubborn and not removing it.

Thanks

Answer: The DMCA notification process exists so that hosts who follow it can avoid liability for both infringement and takedowns, as long as they play by the rules. The host is free to ignore your notice, but by doing so they lose the "safe harbor" provisions of the DMCA. So your recourse is to sue them. For copyright infringement, you would have to be able to show actual or statutory damages.


Title: Can I get a firearm if I have a medical marijuana card?

Question:
I live in Arizona and I love Weed. But the up bad part about that is that Arizona is very conservative with weed. I need to buy a new firearm for my job but I also want to get a medical marijuana card. Would it be possible for it to not show up in my background check when buying my firearm?
Topic:
Other Civil Matters

Answer: No, you cannot have both.Answer #2: Marijuana is federally illegal and you are specifically asked on the 4473(federal form) if you are using any illegal drugs. Knowing lying (answering no to that question) on a federal form is a felony. If you answer truthfully the store won't even run your background check because you indicated you can't own a firearm.


Title: Squatters in my backyard? [AZ]

Question:
I rent a single story condo with a fenced in backyard. All the condos are individually owned, our landlord/owner is a work acquaintance of my fiance's.

Anyways, we have been out of town for work for the last month and will be until November. Our LL knows. We don't want to move out, and our lease doesn't end until Feb. anyways. I have been coming home every week or two, depending on my schedule, just for one night, to check on the place, pay bills, what have you. The last time I was here was July 29th. I just came in today, and it seems there are some homeless people hanging out in my backyard at night or something.

So first of all, the house hasn't been broken into or tampered with at all. Just the fenced in yard. They would have had to put their hand over the back fence to unlatch that fence door to get in. It's a 6 ft fence maintained by our HOA. So when I got here, my water in my backyard was running. Looks like they left it on and the hose burst. Backyard looked semi flooded but was dry 15 minutes later, since it's 112 out.... So I don't know how long the water was running.

There's a shopping cart, a bucket, some kids toys, and some kids clothing strewn across the yard. It looks like they also used our electricity. They also used both our full sized charcoal grill and our mini camping one. The full size one looks like it was left open and subsequently destroyed by monsoon storms, which were pretty bad a few days ago.

So... I guess my question is, can I get rid of their stuff? And should I file a police report? If it were up to me I would pack their crap up in the cart and wheel it outside the fence with a note. I wouldn't mind throwing in some bottled water and maybe even the small grill, if they are that desperate. But I don't want to get in trouble for removing their stuff. I am sure when they come back and see my car they will not enter the yard to get it themselves. And if they did... Well, that would almost be worse. I don't want to see them in my yard.

Should I file a police report? I need to leave tomorrow and I don't want them just coming back. I thought to flip the breakers for the electric out there but the breaker box is in the yard, so they could just turn them back on.

The loss of the grill and cost of water running, even if insurance would cover them, is probably not worth my deductible. So I don't think I will file an insurance claim. Just unsure what I should do with their stuff and about calling the police. Sorry if it isn't much of a legal issue, I just don't want to get in trouble if I move their property.... Thanks.

TL;DR ::: can I remove the property of seemingly homeless people who have been camping in my yard for less than 2 weeks? Is it worth it to file a police report?

Answer:
 Definitely file a police report just to cover your balls, but yeah, remove their stuff. It's your property. It's going to be hard for them to claim anything when they're the ones breaking the law. Answer #2: Along with what others have said, you might want to turn off any valves inside that allow for the outdoor water spigot to function.  Ditto for any outdoor electrical outlets.  Gas grill?  Kill the feed as well.

Edit: saw that the breaker box is outside (wtf?).  Put a big-ass lock on it.Answer #3: Definitely file a police report. Answer #4: File a police report. Try to talk to your neighbors so that if they see anything while your out of town they can call the police.


Title: Potentional malpractice lawsuit?

Question:
Location: Oklahoma

Hey r/legaladvise,
       I'll try to make it quick but with enough detail. Back in January my father was found deceased in his home, The ME ruled his cause of death "blunt force trauma to the chest sequela" with the manner of death undetermined. A week prior to him being found he was admitted to the emergency room because he fell off of some steps and landed on his chest; On the autopsy report they noted that his lower front aspect of left ribs #6 and #7 were broken, lateral aspect of left ribs #4 and #5 were broken, right ribs #4, #5, and #6 were broken as well.
I got a text from my aunt today saying that our family lawyer had spoken to one of my uncles and said that according to the autopsy we might have grounds for a lawsuit against the hospital for discharging him with 7 broken ribs. I understand that this may be a long drawn out case if there even is grounds for a concrete case. With this being a case against a hospital I imagine they have a solid defense team.  My question to r/legaladvise is would this be something that would be worthwhile to pursue, would my family's lawyer and I be able to make a concrete case with this information provided?

Answer: If a real attorney told you it would be worth looking into then go see a malpractice attorney.  Hospitals get sued all the time and while they usually win in court they settle whenever they see it as in their best interest.


Title: Ex-girlfriend is getting ready to accuse me of distributing child pornography/creepshots. Its not true but accusations like that can kill my life/career. What can I do to protect myself legally when accusations like this are made? [CA, USA]

Question:
I am management in operating  a mixed used building that contains offices and restaurants. A couple months ago, the local police department arrested a guy taking creepshots of the various people in and around the building. As a result, I took it upon myself to look online to see if anymore of these exists to try and see if other people have posted photos online from a possible hidden camera in the building. Thankfully, I didn't find any fixed, hidden camera photos but there were definitely other creepshots posted on various websites.

Recently, I broke up with my longtime girlfriend on bad terms in which her immediate response was to warn my female roommates that "he probably won't hurt you but he's a creep and takes creepshots". I talk to my roommates and while they are friends with my ex, they also understood my motivations with my search history and my ex's recent unstable behavior which led to the breakup (our relationship had been rocky for at least a year by then).

A couple of weeks go by and my roommates inform me that my ex has "evidence" that I was distributing child pornography and creepshots and that I have photos of them and my other friends on my computer too. My ex refused to show them at least some of that evidence as she is "building a case".

I don't know what other evidence she might have and the fact that my ex knew all my passwords and once installed malware on my old laptop makes me paranoid that "evidence" was fabricated or played up. What can I do to legally protect myself from such accusations? Is there a way to counter it before it happens?

I just want it to be ended as cleanly as possible because i know that if it does go to trial, my main legal defence would be to exploit her mental illnesses and that's the worst possible thing to do to a person imo.
Topic:
Criminal Law

Answer: Those are serious allegations. I would contact a lawyer and seek information on a cease and desist letter. You need to get ahead of this, not wait for it to come knocking on your door.


Title: Possessing Kratom after the DEA ban on September 30

Question: So I have used kratom over the last fewnyears for body pain.  News hit yesterday it becomes a schedule one substance on 9/30.  Without giving it much thought, I placed two bulk sized orders totaling 12 kg or about two years worth, for personal use.  They are on the way to Pennsylvania, my state, due to arrive by mail in few days.  Have I broken a law already?  I am willing to accept I lost the money, but I am am afraid of keeping it, so my plan is to dump it on arrival so I am not in possession on 9/30 when it becomes scheduled.  How badly have I fucked up?  Can I get arrested before the ban is in place?

Answer: Assuming it will arrive after September 30, you may really want to consider not picking up the package.


Title: [MA, 23yo] In a bit of an stressful pickle, hoping to get some help...

Question:
I'll just start out with this: I am tremendously ashamed about what I did, I owned up to everything when I was asked about it, and am very aware of what I did and what the repercussions of my actions are.

So, a year or two ago I heard of a site where people trade inappropriate pictures from ex-girlfriends. Several months ago, regrettably, I started a thread of my own. I kind of just forgot about it and haven't updated nor seen that thread in at least three months now, but I received a call from a deputy with my town's police two days ago about that activity.

He said that A) He knows that I was the one that started this particular thread that ended up hosting underage photos, and B) I am not as anonymous as I thought, which I was fully aware of at the time of posting the thread. I'm not sure why that fact didn't process in my head at the time, but I wholeheartedly regret it. Regardless, I owned up to both points **immediately** as he brought them up. (I have a completely clean criminal record and I am otherwise a completely normal 20-something with a job and working towards a future. Needless to say, I was beyond spooked when I got the call).

He then went on to explain that the person who originally spoke to him about this thread wasn't filing charges, and that all she wanted me to do was to deleted the thread. The deputy referred to some other guy in similar shoes who went and did this exact same thing and is currently sitting in jail for it. So of course, me being extremely frightened over the whole ordeal, I went and deleted the thread as soon as he told me to even before hanging up the phone. I really can't stress enough how scared I was.

**So with all that said, here's my question:**

I know exactly what I did, I did exactly what I was told to do to fix it, but I am still *very* paranoid that the person who brought the thread up could change her mind in the future, press charges, and send me to jail. Is this a possibility? Even now, after I deleted the thread?

I also received a call from "USCW" this morning asking for me, and I've never heard of them before. Any idea what that is, and if I should be worried?

I regret everything, and is something that wont ever happen again. I truly appreciate any help on this matter. It's eating me up inside. I haven't told anyone about what happened, and would just like to know what could possibly happen in my future.

Answer: scam.  ignore it.  fake cop with spoofed numbers. the next person to call you, if there is such a one, will ask for $ under some pretext.


Title: Why did this judge on Law and Order have to recuse himself?

Question:
 There's an episode of L&O where a guy named Eric rapes multiple women and in court his defense is that porn made him do it. All is well until Olivia, one of the main detectives, inexplicably (they do not bother to explain how she did this, let alone *why* she would have been doing anything that brought this information to her attention in the first place) discovers that the presiding judge received a pretty benignly lewd video email at some point in the past. The video depicts [that probably Cuban dolphin ecstatically humping a fully clothed man, to said man's sheer delight...it's not a porn...the dolphin is trained to simulate the motion on demand...why am I still talking about this...it's not the point](http://i.imgur.com/JPNl67x.gif). Apparently, Olivia absolutely has to turn this information over to the defense, if she doesn't and it gets found later, the judge's objectivity 'will be called into question and trigger a mistrial.'

 Olivia and the ADA confront the judge about the matter. He states that the email came from 'that idiot law clerk' he fired last year, he is 'trying to stir up trouble.' He asks the ADA if she thinks the video is obscene. She says it doesn't matter what she thinks, it matters what the defense will say, and that, "if this comes out in trial the defense has grounds for appeal." The judge does recuse himself.

 I don't understand what that appeal would be based off...Eric could appeal on the grounds that the judge has the same relationship with the internet as anyone else?? Even if that material was truly obscene, shouldn't its presence on the judge's private server be more indicative of the potential for bias in Eric's favor? If it's that easy to convince a judge to recuse himself, is it also a way criminals try to control which judge presides over their case?  "Judge so-and-so hates my guts, let's send her that recording of Equus..."

 L&O SVU takes place in NY. The year would have been like 2008-09.

Answer: The situation as you describe it has no basis in reality. First, it isn't Brady material because it has no relationship whatsoever to the guilt or innocence of the defendant. Second, I can't see any possible way this would indicate any kind of bias whatsoever on the part of the judge.


Title: [VA, USA] Not allowed to leave my desk for any reason, sometimes including other job tasks

Question: [deleted]

Answer:
 Non legal advice: stash a box of breakfast bars in your desk or car for mornings like these.Answer #2: You're being paid for lunch, so they can set an expectation for you to be available.

There is no legal issue here. It's a shitty situation, but that doesn't make it illegal.Answer #3: Wake up earlier, you're an adult. If you don't like waking up early spend sunday making lunches and breakfast, portion them out for the week and take those to work. Also might I recommend buying one of those tiny tiny crock pots. Buy some canned soups and in the morning throw a can into the pot, by lunch you have a nice warm meal at your desk.


Title: [Illinois] Do I have any recourse to convince the States Attorney to file complete charges against the woman who caused my wife's death?

Question:
This year my wife was killed when her stopped vehicle was struck by a woman who was driving under the influence of multiple drugs.  Through the investigation it was determined that she was stealing these drugs from her place of employment.  At this time the states attorney has filed two counts of aggravated dui and one count of reckless homicide.  The states attorney offered her a plea after a 402 conference earlier this month.  The defendant then last week requested a stipulated bench trial which as described to me would essentially provide an option for a not guilty verdict but the judge would be bound by the same guidelines of the plea for sentencing should she be found guilty.  Because of this I feel she has no incentive to take the plea deal.  I feel like now is the time to press the other charges as an incentive for the defendant to take the plea deal so this can all be over.  That being said I would also like to see this woman also charged for stealing the drugs from her employer as well so she can be prosecuted for her actions to the fullest extent of the law.  Do I have any recourse to convince the states attorney to file these additional charges?
Topic:
Criminal Law

Answer:
 >Do I have any recourse to convince the states attorney to file these additional charges?

I'm sorry that you're going through this.  You can contact the DA and express your wishes to him/her.  But there is nothing you can do to force their hand one way or the other.  It's entirely in their discretion. Answer #2: I'm terribly sorry for your loss.

But the answer is "No."

The prosecuting attorney has *absolute* discretion on what charges to file on any given person.

Outside of political/media pressure, there's nothing you can do.


Title: We can't figure out if my SO's dad is trying help him or help himself because of inheritence/loans mess. (x-post from personal finance)

Question:
So, my SO's side of the family is a mess. His dad is a doctor, but is incredibly irresponsible to the point that he's in massive debt (500k) from living a lifestyle well above his means and being self serving. To get an idea of this, he will buy his 6 month gf a new Mercedes car before getting his own children health insurance. Basically, if he wasn't legally required to take care of his children, he wouldn't. They are not a priority to him at all. As a result, my SO grew up poor, and is the only successful member of his family by working hard to make a better life for himself.

Now, the only reason why he could afford college or take out loans is because the one family member he has left that has great credit, a lot of money, is his grandmother who graciously cosigned his student loans. Having shown how intelligent and responsible he is, she offered her help. Well she just died.

He's already graduated college for a year or so, with 160k debt that he has been able to pay, but the monthly cost is so much we're living paycheck to paycheck. Over the holidays his dad is telling us about how he, himself is set to inherit a few houses which we already know what he plans to do: immediately sell them and pay back his debt. The grandmother did not write her grandchildren into her will because the majority of them are still quite young. We know his dad, there's no way he's going to help out my SO with a single dime of the inheritance, which we accept and understand because we are adults, but that's not what's pissing my SO off right now.

So before the inheritance can be split among the family members they need documents about any debts the grandmother may have had because according to law, if the cosigner dies, they are legally allowed to collect on the debt right then and there. Seeing as my SO does not have the means to pay off the debt in that instance, they'd seize his grandmother's assets.

My SO was at work his dad called, words were had and my SO is pissed. His dad immediately calls me to tell me what's going on, and I'm not sure what to think or do right now. His dad is basically saying that we don't want them to instantly collect, he doesn't say why though I assume it's going to result in bad credit. He says that we don't want them to know that his grandmother is dead and that we should avoid it if at all possible. He wants my SO to collect papers for his loans so they can go over the wording of the contract to see what they do to avoid having them seize the assets, and essentially have my SO continue paying his loans. He says they can get the documents themselves but that it would notify the loan companies of his grandmother's death, and we wouldn't want that. What it sounds like to my SO (and me too really) is that his dad is trying to get more money for himself. We get this feeling that he's being sneaky and is essentially trying to scare us into writing off something potentially good for us. I don't know what to think, I'm still trying to wrap my head around this situation. I want to know what the consequences are if we do or do not comply.

I need to call his dad back at some point. Any advice?

::EDIT::  To add insult to injury, he suggested to my SO that he refinance his loans through MY parents so THEY'D be the ones paying up if he screw up paying loans.  I found this pretty offensive.  We also live Southern California.

Answer:
 > He says that we don't want them to know that his grandmother is dead and that we should avoid it if at all possible.

That sounds disturbingly like he's planning to defraud the insurance company.

The matter here is pretty simple: Your SO's college debt is also his grandmother's debt.  Debts from an estate get paid before inheritance is distributed.  The lender has higher priority than the father.

> He wants my SO to collect papers for his loans so they can go over the wording of the contract to see what they do to avoid having them seize the assets, and essentially have my SO continue paying his loans.

There's no issue with this.  Reviewing a contract to see if it's favorable to you is perfectly fine.

However, you're absolutely correct here; this is potentially a great boon for your SO, and he's under no obligation to assist his father in overturning the loan.  He can call the loan company and report his grandmother's death if he wants to.

There is one potential issue here; if they call in the entire loan, and grandma's estate doesn't cover it all, your SO is likely on the hook for the remainder.  That may be a substantial chunk of money.


Title: [Northern VA, USA] We signed a lease and paid deposits with our pets listed, condo association suddenly won't let us have multiple pets

Question:
Please let me know if there's any recourse for this, as we're really stressed, and we were scheduled to move this weekend.

We, through our realtor, searched for a townhouse that would allow our three cats, which is abnormal in the NoVA area.  We found an owner who was working through another real estate agent on a delightful little townhouse that was perfect for us.  Really, we're in love, which is why this is so devastating.

Our application was accepted, the lease was sent to us, and it explicitly listed our three cats, their ages, and the fees for having a total of three pets.  We signed the lease, and submitted certified checks to the owner's realtor, as was instructed.  We've been setting up our utilities getting ready for our move when we received a shocking email.

Apparently, the condominium association that controls the unit does not allow multiple pets.  We only found this out now, three days before our scheduled Lease Start Date.  It's bewildering that our application was accepted, but my bigger concern is that this lease was signed, and they're suddenly reneging on it without warning, and at the last minute.

Is there any recourse for this?  I assume we'll be able to get our deposits and paid rent back, but other than that, are we SOL?  Are they obligated to cover any payments we already made to utility companies?

Thank you so much for any information you're able to give us.

Answer:
 You can probably terminate the agreement as the lessor cannot actually provide you the rental per the terms of your agreement because his HOA will not allow him to do so. It's not uncommon for an HOA to restrict terms of a lease. The lessor might not have even known about those particular rules with the HOA.

What payments did you already make to utility companies for utilities you haven't used? Usually you can cancel start dates for utilities and get deposits back.


Title: Illinois- Ethics question about advice from new sister-in-law

Question:
So my wife's sister is an attorney with a bigger firm, and in the past she has done us small favors like check leases and contracts (documents that represented me and my then fiance jointly) and she then gave us advice on specific clauses in these documents on how to proceed. Additionally my wife and my sister-in-law are very close, but me and my sister in law have never had anything more than an amicable relationship with nothing particularly personal.

&nbsp;

I got married about a month ago and have recently found out that my sister-in-law (a month or so prior to the wedding) gave my wife advice about us signing a prenuptial agreement. This advice was given alone to my wife, and was not asked for at all.

&nbsp;

Now, I have other friends who are attorneys who work for similar firms as the one my sister-in-law works for, and from what I know this behavior just seem off. Most of my friends are very hesitant to ever give out any legal advice when asked and almost never when unasked. They typically are greatly discouraged from giving advice (according to them to prevent liability to them and their respective firms).

&nbsp;

Additionally my sister-in-law's specialty is not family law (she is in the corporate area). So it seems like it is an even iffier situation since she is giving unsolicited advice to her sister (to whom she is not an objective third party), in an area that does not involve her specialty.

&nbsp;

While I am sure nothing will ever come of this (too much family drama), the situation just bothers me, especially since my sister-in-law did this when I was absent and she was alone with my wife (my wife's parents are also vehemently against prenuptial agreements, so my sister-in-law had to make sure my wife was alone from them too when she did this). If anything it seems like a really crappy way to be "welcomed" into the family. Any input is appreciated, Thanks!

Answer: Do you have a question?


Title: [USA, FL] Small Claims judgement in my favor but the person it was filed against has now died.

Question:
Hello!  I hope this is okay, because I’m a little lost with what my next steps should be and both the courthouse and google have not proved helpful yet.   This is dealing with Small Claims in Florida.

Last year (Mar/Apr 2018), i was hired for as an Event Coordinator with a local LLC.  After six weeks and the event was over, the owner decided he didn’t want to pay my invoiced amount (approximately $4000) saying that he was bankrupt.  I don’t believe he ever filed any paperwork to that effect, as he held another event in October of that year, and had more on the books for 2020 all under the same company/LLC info.

I brought him to Small Claims where his lawyer met with me (Dec 2018) and agreed to pay my amount owed within 90 days.  To no ones surprise, he didn’t pay me by the date.  I was starting to research new lawyers to help me go after the money, or at least advise me on next steps. (The courthouse said when I called that I would have to pay more money to open the case back up to be able to pursue getting funds because I guess it closes automatically regardless of if the amount is paid or not.)  A couple of weeks pass, and in May 2019 I find out that the guy has died.  I have reached out to several lawyers in town about Small Claims/Employment specialities, and no one has called me back, or the ones that did referred me to places that haven’t called me back.

I’m hitting a brick wall, but I know now is the time for me to collect.  I don’t know if I should start branching out and contacting more lawyers regardless of their speciality (or maybe a discipline I’m not considering)?  Or should I just try to do this myself?  Google is telling me to get a collections company involved, but I’ll lose like half my settlement if seems.  If anyone can point me in a direction that would be great.

If it helps, I am not the only individual he owed money to.  There was at least one other Small Claims filed, and two more that have unpaid invoices all relating to the same event.  I’m just the only one who hasn’t given up on getting money back.

Thanks for any direction you can point me in.
Topic:
Small Claims Procedure

Answer: you may have to go after his estate. although if he has no assets in his estate, then it's unlikely you could collect on anything. you may want to get in touch with an estate lawyerAnswer #2: I've dealt with both probate claims and small claim judgments in my state (though not yours). I can't get the link to the form to work but just Google "Florida probate claim form" and it's one of the first ones. No fee to file, but you'll need the estate information so you can fill out the form and send it to the county the probate case was filed in. If the estate is insolvent you won't get anything but it's not any different than right now.


Title: Employer made me sign offer letter with set date, background checked me, drug tested me, then told me the position is no longer available.

Question:
Hello,

[California, US] Per the title, I went through a rigorous onboarding process with a consulting firm for a client. They sent me an official offer letter with start date of March 19th, which was signed and everything, including the other onboarding tasks such as drug testing, background check, I-9 forms, etc. I quit my job the prior Friday.

Consulting firm communicated with me that there were delays with my asset requisitions (laptop, office space, badge, etc). I waited an entire month, jobless, as I already quit my past job since the offer letter stated I would be starting March 19th.

Fast forward to now, they informed me last week that the position I applied for could not secure the quoted funding so now I'm left in the dust.

Are they liable for anything? Or is that just the nature of consulting firms?

Please advise -- thank you all!

Answer:
 Promissory estoppel may apply. They made an offer, you accepted. Did the offer letter state compensation, position title, and benefits in addition to the start date? If so you may be entitled to reliance damages, e.g. you relied upon their offer, accepted, quit your previous position, and are entitled to be made whole by their breach of contract.

Did the offer letter indicate the offer was dependent upon 'passing' drug test & background check?

If so, you were in a binding contract and unless you failed the drug test, background check, or I-9 requirements you have a case.

The question is whether or not it's worth it to pursue, and of course dependent upon the specific language in the offer letter.


Title: [Quebec, Canada] Found .22 caliber rifle in newly bought house. Legal to keep? Unsure of licensing laws in Canada

Question:
Hey folks,

My wife and I purchased our first house back in September - an estate that used to belong to a late relative of hers. After all was said and done, when we were settling in, we found an old .22 caliber rifle in our bedroom that my wife believes belonged to her grandfather.

I'm not sure of my legal obligations here - is this something I'm allowed to be in possession of? I'm aware that as an older firearm, it wouldn't exactly be wise to try and *use* the thing, nor do I have any plans to do so. Just not sure if it's legal for me to even be in possession of it (neither my wife nor I have any kind of gun licenses) - and if not, what I'm supposed to do with it.

Please note that we don't have any children and it's currently being kept safe and out of reach, so there shouldn't be any actual firearm *safety* concerns here - just not sure what I can (or should) do with the actual gun in question.

EDIT: As neither I nor any friends of mine either have or plan on getting the necessary licenses, I'll be contacting the RCMP tomorrow to come by and dispose of it. Thanks for the prompt replies - it's appreciated!

Answer:
 This isn't exactly your situation but the spirit is the same:

http://www.rcmp-grc.gc.ca/cfp-pcaf/fs-fd/will-testament-eng.htm

You need a license to have it.  You can either get a license or sell it.Answer #2: You should check the value of this rifle before you do any thing else. Some old .22s are valued in the thousands.


Title: How long do I have to keep my abuser's belongings? (Maine)

Question: I have been living with a man for 18 months.  We moved into a house in February that I purchased solely in my name with the proceeds from selling my car.  We have no rental agreement between us, and he has contributed ZERO in the past 18 months.  A week ago Sunday, he beat me (not the first time) and assaulted a teen from across the street.  The police arrested him,  and the condition of his bail is that he can only pick up his things with an officer present.  Since then,  he was arrested again for dining and dashing at a local restaurant /bar.  I got a call on Friday that he used me as a reference on an apartment an hour and a half from here (I told the woman exactly what had happened). I also found out he stole a good number of my box sets and sold them in another state.  How long do I have to keep his things?  (2 trash bags full of clothes,  3 back packs, and two reusable grocery bags full of his shoes). I'm applying for a PFA order, but haven't been able to leave my house out of fear,  my car is in the shop,  and he stole my debit card when he left,  so I've been waiting for the new one.

Answer:
 I'm sorry this has happened to you.  Good for you for taking action.

[Here's the law](http://www.mainelegislature.org/legis/statutes/14/title14sec6013.html) for a landlord's responsibilities on a tenant's abandoned property, if he won't come and pick it up (with an officer present).

Sorry, not sure if domestic abuse laws in Maine overrule this in your situation.


Title: Can an employer drop my hourly rate of pay for hours I've already worked because of me quitting?

Question:
I did a quick Google and most people that ask this just walked out of work and never went back. But, I notified my employer two times today that I will no longer be able to work as of me handing them a written note and telling them verbally. I have to take care of my dad who is starting to get very ill. I also told them I would be able to train someone for one week to take my position just on a slightly shorter schedule than normal (i normally work 3am-1pm, I told them 3am to 9am), which I thought was a good gesture considering I was not able to give much notice. I would continue my regular shift if I could, but my mom picked up a new job to pay medical bills and my  I dad normally gets up at 7-8am. Nonetheless, They had accepted my offer. This conversation happened 10 minutes before I left (10:00am)

   I had already explained this once earlier in the day as well, as I was supposed to leave at 9am to start taking care of my dad today. I told a manager around 6:30am that I was quitting but I was giving them a heads up so that they could try to call someone in to take my spot, as I didn't want to just walk out and leave them with no one to take my position. Is appeared as though the manager did not take me seriously because she told me no I couldn't leave and decided not to call anyone. Even though I probably should have left at 9, I stayed over an hour after.

When i drove home from work I got a call while I was driving. I don't text or call while driving so I let it go to voicemail. When I got home they had left a voicemail stating that if I was in fact quitting that they were going to make sure I got paid the least amount as possible for all upcoming checks ( the person who left the voicemail was the same person I talked to in the beginning paragraph). I get paid biweekly. I should have 2 checks coming up (for days I have already worked) and a 3rd check for training this next week.

It doesn't seem in the slightest to be legal to adjust the rate of pay for hours already worked but not yet paid. I get paid $9.00 an hour and I will assume they are dropping it to minimum wage. I can understand if I left them without any notice at all, or I left with debt somehow.

My question is, is this legal? (In Kentucky)

Note: I understand it is common courtesy to give two weeks notice. But that is not always an option. IMO I am a good worker. I am not a trouble maker, nor am I lazy( though I was earlier in life) I work hard and keep my head down. I am always smiling and making people laugh and I've never cause a problem other than having headphones in when I wasn't supposed to. If anyone asks for a favor I do it without hesitation. I'm always very helpful and I'm always doing more than what I get paid for. I know this doesn't matter in a legal sense.

Sorry for the long post, I sincerely appreciate any response, thank you.

Answer:
 Absolutely not. You giving short notice does not mean they can arbitrarily change the amount you're getting paid for. If you have anything in writing detailing your rate of pay at 9.00, save it, and do not delete that voicemail either.

https://apps.labor.ky.gov/onlinecomplaint/


Title: I’m being charged $120 restocking fee and I want to know if there’s anything I can do

Question:
So I bought a product that was about $900. Realized I immensely overpaid and wanted to return the product. Paid $30 for shipping and sent it back only to find I was refunded $770. The package was unopened and new and I was never informed on the restocking fee or policy until after the return was made. I know there are some rules made by the FTC regarding return policies so I wanted to know if there was anything I can do about this. I just feel $120 is excessive especially considering the package was sent as received.
Topic:
Computer and Internet

Answer:
 https://www.consumer.ftc.gov/blog/2017/12/tips-holiday-gift-returns

FTC just warns that restocking fees can be 15% or higher and you should know before you buy....this leads me to believe your screwed.


Title: Car repossessed because automatic drafting wasn't that automatic

Question:
I got an auto loan several months back with Suntrust. I work during regular business hours, so I set up automatic drafting with them to avoid having to take time off work to go to the bank every month. Then last night, my car was repossessed. I take off work and call them, and apparently they didn't auto draft because of additional paperwork. They said they sent me multiple letters (never received, except for one confirming my address which they've known since I gave it to them in July) and phone calls (every call from an unfamiliar number was silent when I picked up). Now they have me on the hook for missed payments, late fees, repo costs, and cancellation fees from the first collection company. Obviously I'm fine paying the missed payments, but all these other charges are a result of not having the auto draft set up like they told me it was, and not getting in contact with me like they claim they did.

Help.

Answer: Missed payment**s**? Why didn't you notice when you missed the first payment?Answer #2: It is your responsibility to make sure your bills are paid.  Did you not notice the payments were not coming out of your bank account every month?


Title: My wife's is being changed from a full time employee (W2) independent contractor (1099), can she still get unemployment?

Question:
So the company she was working for has not been doing so well, there have a lot of layoffs recently and turnover is high. She works on bigger projects for the company, but the company no longer has the money to continue those projects.

&#x200B;

So, she was informed late last week that she would be converted to an independent contractor as of today. She was also working on a side project directly for the owner of the company and the owner wanted to keep her on board to finish that project - she is now being paid hourly at a slightly higher rate (if compared to what hourly would have been assuming 40hr weeks back when she was salaried), but there will probably be fewer hours. She wants to complete the project so that she can at least add it to her portfolio. The job is expected to last until early next year, maybe until February or so.

&#x200B;

I'm not sure exactly where this belongs (since it's not strictly a legal problem, maybe?), but I was wondering what the rules for unemployment would be? Normally if she got laid off right away and was no longer working for the company she would be eligible for unemployment, right? Since she's 1099 and technically still working, I assume she's not eligible now, but what about when the project finishes in 2-3 months time? We live in Illinois, if that has an impact on how unemployment law works here

Answer:
 The defining feature of a "contractor" relationship is a contract, which is a kind of _mutual_ agreement. Your wife cannot be "made into" a contractor without her consent: she's being told she will be fired, and is being offered her job back on a contract basis. The marginal increase in her rate of pay is probably also a substantial pay cut, as your wife will be fully responsible for taxes and benefits costs she would otherwise split with her employer.

If her employer follows through, she should be eligible for unemployment if she refuses to accept the offered contact. If the contract is substantially the same as her current job, and allows her employer the same degree of direct control over her day-to-day work, then her employer may also be attempting to misclassify her, in which case she can ask the IRS to review the situation. If they find that she was an employee the whole time, she can retroactively seek recourse for any employment law issues, such as overtime pay or tax withholding issues, but personally I think it's likely better for her to look elsewhere and avoid the problem.

It may be worth her time to write to her employer and CC herself at an address her employer does not control confirming that her employer is ending her employment, just to have a record of it. I wouldn't put it past an employer willing to try to push people into a contract role to also claim that they quit voluntarily.


Title: US Citizen marrying an immigrant here on a Visa

Question:
Sorry if this has been answered before. I did a search and couldn't find anything to fit my case closely enough for comfort. But...

I live in Georgia, my fiance is in the US from the Phillipines. She's been here for over 2 years, via multiple Visas. Internship, Visitor, and she just had/has a work Visa. Her work Visa extension was denied a little over a month ago. To her knowledge it was good through maybe mid-to-late June, and she was applying for a one-month extension via visitor Visa (I think, this is all so confusing to me.)

We are recently engaged and want to get married. I'm pretty damn sure she's still here legally, which, I hope, makes things simpler. But, I don't know any of the immigration stuff. If she's still legal, what do we need to do? Other than, ya know, getting married. Or, should we do something else before getting married? Is there a proper order to things that I might fuck up by marrying her before doing something else? My friend said she brought her husband to the US via a fiance Visa, but my fiance is already here, so I feel like that'd be a moot point for me.

I know getting an attorney is going to help, or more realistically, end up being necessary, but I don't know when I should get one involved. Money will be a little tight as I'm probably going to be the only one paying anything given she won't legally be able to work for a while. I just want to do things right and not get myself ripped off or mislead (as I ask the internet for advice, yeah)

Answer: If she is already here legally, then the appropriate steps are to get married, then file for an [adjustment of status](http://www.visajourney.com/content/i130guide2) by dual-filing forms I-130 and I-485 (among others; those are the important ones). It helps if she is currently in status when you file; but as long as you're a US Citizen and she was lawfully admitted, it doesn't make *too* much of a difference. Once she has the receipt indicating they've received the I-130 then she won't be deported unless they deny your petition (which would be unusual for a bonafide marriage and no criminal record).


Title: Intro to Forgery 101

Question:
Hypothetically speaking, if someone were to forge a doctor's note for the sake of receiving a refund for two online college classes, would that be criminally illegal or solely punished under the school? (Asking to settle an argument)

Bonus question: what would be the odds of the school finding out if the sender spoofed a hospital's fax address as the sending address?

Answer:
 Criminal law varies by jurisdiction.

Yes this would be criminal. It would be theft by false pretenses and forgery.

I won't speculate as to the other question.


Title: Flooring guys had to move my fridge, but it fell on one of them. Should I be worried?

Question:
Obviously, my first and foremost concern is that the kid is okay.

I am renovating my house through a designer, who hired a flooring company to restain the floors. They needed to move the fridge outside to do the floor underneath. Today they moved the fridge back in, but somehow it fell.

It fell onto the leg of one of the workers, who looked pretty young, possibly a teenager. There were 5 or 6 of them trying to move the fridge. The one that got injured may have been the head flooring guy’s son.

Anyway, the fridge literally fell onto the leg of this kid. They picked it up immediately. It didn’t look like much more than a minor injury (I’m a doctor), but we advised they go to the ER to get it checked out.

Now i’m worried that this kid got injured in my house. The flooring people were hired by our designer, and she says its unusual for them to put the fridge all the way outside when doing floors. But I am very worried this will come back to us in the future as a lawsuit.

What can I do to protect my family in this situation?

(I have umbrella insurance, about a million)
Topic:
Personal Injury

Answer: The business should have workers comp insurance if it's an actual legit business.


Title: Ran from the police. [NV]

Question:
So I'm not sure how many details I need to include about this, but basically my friend from Nevada asked me for some advice and I'm going to try to help him out. (preferably no lessons because again, this was my friend)

Basically he left his school (only goes once a week because it's homeschool or something) and I guess he said he was leaving for lunch so he goes down the street with a pipe and some marijuana. They smoked and my friend who this story is about, had a lot of a particular thing in his bag. Boom, after they smoke a cop rolls up.

Says something like "Blah blah blah, you're being truant so I'm gonna search you."

First guys clean, second guy had bud and paraphernalia, *boom* arrested, he tells my friend to hand him his bag, my friend successfully runs away from the cop.

He's safe now but he's asking me what's the worse thing that can happen and what steps he should follow in order to get out of this.

Answer:
 "Your friend" is guilty of misdemeanor resisting arrest and faces up to 6 months in jail and $1000 fine. I suspect the cops will pretty easily get "your friend's"  name from the other guys there and track him down. "Your friend" needs an attorney, or he's going to end up with a criminal record.

If/when the cops come, you (*I mean "your friend"*) should refuse to answer any questions until represented by an attorney.


Title: Is it better to hire an attorney with "brand recognition" or a lesser known who might give more personal attention to a case?

Question: NEW JERSEY Hi, I'm debating whether to hire an attorney who is well known in their field and works for a big firm ("heavy hitter") vs. a lesser known independent attorney who would likely give my case more personal attention. My thinking is, the opposing attorney might be less likely to mess around with a "heavy hitter" but the "heavy hitter" might also not care enough to fight for me (my case would not be a huge money maker).  The "heavy hitter" will have an associate handle my case whereas the "lesser known" will likely do more direct handling of my case. Thoughts?

Answer:
 One thing to keep in mind is how you feel about the actual attorney handling your case.

A good rapport with your representative can go a long way.


Title: Car accident(rear end)

Question: I was driving down a construction zone going the speed limit when the car infront of me slammed its brakes and I hit him. The reason the car slammed its brakes was because the car infront of hims tired popped but he didnt have his hazard lights on. He also couldn't move to the right because there were cinderblocks on the right. I was about 5 car lengths away but my f150 was too heavy to stop in time. Am I fully at fault?

Answer: You are nearly certainly at fault. If you don't have time to stop you were too close. Have you called your insurance yet?Answer #2: Yes you're at fault


Title: In a civil restraining order case, if a preponderance of evidence is shown to the judge, can the respondent deny all claims and force the petitioner to go to trial?

Question:
I am living in New York City and I have a pending restraining order against my ex in civil court. I haven't seen or spoken to my ex since June 2015 and yet he has harassed me incessantly: 200+ phone calls from blocked numbers, 100+ facebook messages, 100+ emails from fake accounts to both my personal and work accounts(which he found by calling my old job and finding out where I currently work). Also, stalked my friend in person to find out information about me and several other stalking/obsessive behaviors that have me terrified, like showing up to my house after 4 months of no contact and tried to physically come inside despite my room mate refusing entry. I have overwhelming evidence of all of these events like written testimonies and text conversations.

I had heard that with RO cases, the petitioner only needs to demonstrate a reasonable amount of evidence and fear of the respondent to get the permanent restraining order upheld. However I also read that the respondent can not agree with the judge's decision and thus go to trial.

My ex has severe borderline personality disorder and bipolar and will fight tooth and nail to run me dry. He lives at home and is unemployed but his family has money. I live on my own and struggle and cannot take off from work. He knows this and has said before if I ever took him to court, he would drag it out and make me suffer. I am worried he will deny all charges and not agree to the terms and end up taking us both through a lengthy and expensive trial where he will bring up a ton of irrelevant information about the nitty gritty of our relationship, as he claims I put him through mental anguish (many scorned BPD try to use the courts to punish their exes).

So can someone tell me:
1) Can a respondent actually deny charges and take us both to trial, despite hard evidence of stalking/obsessive behavior that will not stop?
2) If he **can** take us to trial, what evidence/argument would actually stand up in court to prevent me from getting an RO from him, other than if I had fabricated all the evidence or had contacted him during the temporary RO?

He also vowed that if I ever went to court he vindictively sue me for mental anguish that he thinks I put him through for 7 years (actually I could counter sue for the same because he tortured/abused ***me***) to make me "regret and pay for what I did to him". Do these kinds of cases hold up? He has no loss of income from his "mental anguish" because he was already extremely suicidal/depressed/unemployed for years before meeting me, and even during our relationship when things were good (he has been fired from jobs and he also left jobs because he's unstable).

Answer:
 1) Of course he can deny the evidence.  Generally the way this works is that you get a temporary order in place if the judge believes the evidence, and the trial is to determine if the order should be more permanent

2) That depends on the evidence you have and the evidence he has.  There's no one magic thing that guarantees an outcome one way or another.  Every case is different.

The mental anguish thing is bluster.  That's just something people say.


Title: Male Teacher accused of inappropriate sexual email to student, afraid he might be fired.

Question:
Hey everyone, I'm seeking advice for my husband. He is a male teacher at a Junior high in CA. A while back, he used a classroom I-pad to send them some photos for a project they were working on but forgot to logout. Google saved the account password, and another student using the I-pad, thinking it would be funny, opened my husbands account and sent an email a few days ago to a girl in the 8th grade.

Subject: SEX
Body of email: want to have sex

Now reasonably the girls parents are upset, and my husband has been placed on administrative leave until an investigation can be conducted. The school told him to prepare for at least a month of leave until this can be resolved!

His school is non union and I'm afraid that they might try to fire him over it. What should we do to protect his job and ultimately his career?

TL;DR- Husband accused of sending sexual email to student, worried he might get fired. Please advise on what we need to do to protect his job and career.

Answer:
 > Please advise on what we need to do to protect his job and career.

He needs to be speaking with an attorney. Preferably one with experience working in the education field. A lot of this is going to come down to his contract.Answer #2: Can your husband show where he was at during the time the email was sent?

Where was the iPad at?

Answer #3: Even with the union your husband would likely lose this job, if he's really lucky they won't come after his license. He needs a lawyer badly and he better hope the student confesses or gets ratted out.


Title: My boyfriend was forced to do a unpaid trial for a job interview

Question:
So my boyfriend applied for a company that collects classified documents from offices and hospitals and shreds them. They had two positions open, “road” which is being in the truck collecting the bins and loading it on the truck, and warehouse. He wasn’t sure which he wanted to do so they said “Why don’t you do a side by side in the truck and see how you like it then you can choose”.
So he did. He worked 8 hours that day. At the end of the day they told him they would call him in a couple of days. He thought it went well.
Then they never called him. Of course he followed up a few times to ask on the status but they just kept evading him saying the manager was in a meeting etc. Finally he received and email 6 weeks later saying that the position has been filled.
Okay, it’s one thing they didn’t hire him for whatever reason. But is it legal to make someone do a “free trial”? This is the second time a business has done this to him. We’re in the state of NY if that helps. TIA

Answer: File a wage report claim thingy with the department of labor so he could be given the money owed for his time worked.  Answer #2: A lot of places will call it a "working interview" and try not to pay you for it; however, it's considered tax fraud anywhere in the US, so have him report it. It's very common in places like dental offices (formerly a dental assistant, and I had to see this garbage happen all the time, and had to be the "bad guy" and tell the office manager off). He performed the work duties during a full shift, and the company benefited from him being there.


Title: Am I being paranoid or could I be facing criminal charges?

Question: Let me preface this by acknowledging how stupid I am. I got extremely drunk recently and left my wallet in a cab containing my school id and a small amount of cocaine. I live in nyc. If this ends up in the hands of law enforcement could I be charged with possession? To be more specific, do you think they would try to charge me even if they could? What steps should I be taking to protect myself?

Answer: You should start by immediately deleting this message and contacting a criminal defense attorney.


Title: Kids ate marijuana edibles and went to hospital. Police want a statement. Missouri

Question:
Hi legal advice.  First of all (and most importantly) everyone is fine.  Kids had no bad reactions and went home within a few hours.  Also, throwaway account, obviously.

&#x200B;

Several months ago, my wife and I had friends from Colorado bring edible chocolates one night.  We had 2 squares left and put them in a difficult-to-reach cabinet above our fridge.  We thought they'd be safe there, but we were wrong.  We know we were stupid.  We didn't even enjoy them, to be honest.  We should have just thrown them away.  But we can't go back in time, obviously.

&#x200B;

Anyhow.   About a week ago, my 8 year old was poking around the kitchen for dessert and ended up finding the package.  He split the last two pieces with his brother (4yo)  They were acting a little weird that night, mostly tired and with red eyes.  We found the package and freaked out.  We called poison control and they said to take them to the hospital.  We went immediately and the kids were admitted and transferred to Children's Mercy.

&#x200B;

We felt just terrible.  Stupid and worried and embarrassed.  Nothing like this has ever happened to us.  We like to think of ourselves as pretty responsible parents but this seemed to prove otherwise.  There were lots of tears on the drive over.  A social worker came to talk to us, along with a police officer.  We were candid about what happened and they thanked us for being open and honest.  The officer said he didn't think we had anything to worry about but that they had to send the report to the state and it was within the realm of possibility that we would be charged with child endangerment.

&#x200B;

A social worker came to our house the next day for an interview.  She said specifically this was not an investigation but an "assessment".  She said she saw no reason to worry and that if we were going to be arrested she would probably have heard about it already since she works alongside the police department.  She said we and the house looked fine and that she would be closing the report with DFS that day.

&#x200B;

We breathed the biggest sigh of relief and did our best to put it all out of our minds.  Until thirty minutes ago.  I just got off the phone with the local police department.  They said they were wanting to finish the report to send to the state and that they'd like my wife and I to come in for statements.  The detective was polite and professional and said she'd schedule it for whenever worked best for us, taking into account our work schedules.  She said it would take less than thirty minutes and then we could go home.  She noted that we could take turns so that one of us could watch the kids while the other gave the statement.  We settled on next Wednesday evening, after work.  She wants to record our statements.  Before getting off the phone I asked if we were facing any charges and she said that the report says child endangerment, but it's up to the state whether they want to pursue anything.  The tone of her voice made it sound like it was a long shot that anything bad would happen, but then, she does want us to come in willingly and make her job easier.

&#x200B;

1. Do I need a lawyer before going to that appointment?
2. How much trouble could we be looking at?
3. I'm freaking out a bit.  I know we were stupid, but this really was an accident, and not part of any sort of pattern for us.

&#x200B;

Thanks in advance everyone.

Answer:
 1. Never speak to the police about a potential crime you're accused of without a lawyer.

2. A lot.

Get a lawyer and do not speak to the police without them.Answer #2: 1. Get a lawyer now. Do not talk to anyone without one.

2. This is very serious. Worst case scenario, you lose the kids. Get a lawyer.


Title: Would it be legal for the government to mandate, for safety's sake, that everyone wear a fluorescent yellow shirt, pants, shoes, and hard hat while in public?

Answer:
 It would be legal to pass a bill with that intent and effect, yes.

Whether the resulting law would hold up in court afterwards is complicated, but it hardly matters - the very next election would likely be decided based on who is most likely to repeal the "adults can't be trusted to walk around safely" act. Passing grossly unpopular laws is a great way to end your party's term in government and potentially to discredit the party entirely for a long time afterwards in the eyes of the electorate.

It's not _entirely_ uncommon for retiring politicians to sponsor or even help pass unpopular-but-beneficial laws on their way out the door, but something like this would be seen as a huge overreach, and would damage the party afterwards.


Title: Adult Webcam Business from home? [CA, US]

Question: [deleted]

Answer:
 Camming from home is almost certainly not going to be considered an adult entertainment facility.

You really need to mind your own business too.


Title: [MA/CA] Employer not honoring stated vacation policy, and disagreeing that it says what it says.

Question:
Hey folks,

My company updated their vacation/leave policy back in July when the state of California changed their paid sick leave laws. Our company already complied, but sent out an updated vacation policy to the company that stated:

1. New employees begin accruing vacation hours immediately (previously they had to wait 60 days)

2. For the first two years of employment, employees will earn 10 vacation hours per month (15 days a year)

3. At the beginning of the third year of employment, employees will earn 12 vacation hours per month (18 days a year)

Previously, the policy read "When employees reach three years of service, they will earn 18 days a year." The updated policy was a little more generous to both brand-new employees, and those who had been there between 2 and 3 years.

Last month was my 2nd work anniversary (I started January 2014). I expected to see the extra vacation hours on my paystub, and emailed payroll asking them to correct it when my paystub didn't reflect them. Payroll forwarded my email to HR, who responded that according to their records, my hire date was January 6, 2014, which calculates to 2 years, 29 days of service, and that I would "begin to accrue at the higher rate on January 6, 2017 (the beginning of [my] third year)."

I tried responding, outlining each year since 2014, and how many years of service I would have in each one, and which year of employment was beginning on each date, but they aren't having it. They insist that 2.1 years of service means I'm still in my "second year" (I guess because 2.1 starts with the number 2?). Given their insistence, I'm starting to think that whoever typed up the document accidentally removed a year from the requirement for the 18 vacation days, because it uses considerably different language to describe it than the previous policy (which said you needed to complete 3 years of service) did.

Despite the fact that it may have been an error, this has been the published vacation policy since July.

My question is: Am I entitled to my extra vacation hours from January, as outlined by the policy? If they say it was a mistake and update the policy to say that employees have to wait three years, can they change it retroactively? (Some of my coworkers reached their 2-year anniversary in July and haven't been getting the extra hours this whole time.) Would they be violating any wage and hour laws by not granting the vacation hours they promised? I'm at-will, so they could probably find a reason to fire me if I push this, but could they fire me *because* I tried to make them honor their own policy?

The company is headquartered in California, but my division is in Massachusetts.
Topic:
Employment Law

Answer: They can fire you for almost anything. This is a crappy situation but unfortunately not illegal unless California has some sort of weird law prohibitively changing policies retroactively.


Title: A Very Strange Case of Identity Theft - Over $70K

Question:
Was hoping to get some advice or hear of similar situations. Feels like I'm losing my mind here...
Received a call from Hydro One stating that I owe a large balance ($70k) for property X. I figured this was either a mistake or a lame attempt at phishing for information because I don't own or lease any such property. Told them they have clearly made a mistake and to double check their records. About a week later I received another call from Hydro One stating that it was in fact my name that was on the lease agreements of the property as well as my driver license. At this point before giving the gentleman any more information I googled Hydro Ones number and called them to verify his identity. Hydro One confirmed that it was in fact them and the case is legitimate. At this point the only thing I could think of is identity theft. I reached out to my local police department and filed a report. I've yet to hear back from the investigator but Hydro One continues calling me (even after I gave them the police case #) and now they are saying that they confirmed that lease payments and the bank account associated with the lease payments are under my name as well.

Was wondering what my next move should be here. The police seem to be very slow to act and I'm constantly getting harassed by Hydro One. Given the large $ amount does it make sense to seek legal counsel? I'm honestly baffled that someone was able to open bank accounts under my name and lease a property without setting off any alarms. I've checked with my credit bureaus and no red flags there.

Edit: Location is Canada

Answer: If you are the account holder as Hydro One believes, ask them to send all documents and records of the account to you. Have a look for yourself. In the meanwhile, run a credit report to check for other accounts. Tell Hydro One to bump your account their fraud department.


Title: (Hawaii) Co-owner of home installed locked mailbox, refuses to give me key

Question: I own 50% of a property and one week ago the other owner (my brother) has removed the old mailbox and replaced it with a locked mail box. He has refused to give me a key to the new box and my mail and packages. All my texts and phone calls have been ignored. I purchased a PO Box but I am not sure how I can get the mail and packages that have already been delivered to the mailbox from him. I have video footage of my packages being delivered into the mailbox (USPS has time stamps and location of delivery) and him retrieving the mail. What rights and legal options do I have to get my mail?

Answer:
 practical (temporary) advice, not legal advice

put a second mailbox next to it with your name on it, and his name with an arrow to his mailboxAnswer #2: If it isn't owned by the USPS, there is little they can do.  If your brother is keeping the mail or destroying it, you may have something there. Answer #3: As 50% owner of the property you can replace the locked mail box with your own, locked or otherwise.  Answer #4: Why do you think your brother did this? Are you in a dispute with him? Could he be trying to do something with the property against your interests? I would be concerned not just about your mail but the mail he is receiving that he might _not_ want you to see.

Edit: but -> not (mobile typo)


Title: Purchasing a house with my boyfriend and a co-signer but I am not on the mortgage, worried about how to set up the title

Question:
We are in CT, USA.
My boyfriend and I are purchasing our first house together. We are splitting the mortgage payments and both putting in money for the down payment and renovations.
Ideally we both would be on the mortgage, but I started my own business a year ago and was denied for a mortgage. My boyfriend alone wouldn’t qualify for the amount we wanted to borrow, so his grandfather is co-signing on the mortgage.
So it’s my boyfriend and his grandpa on the mortgage. His grandpa is putting in zero towards any of the home and will not be living there, he’s just doing it as a favor to us.

A lot of my friends are saying I’m getting in a legal mess buying a house while not being legally married, because it offers less protection.
My boyfriend said he would just put me on the deed, but someone recently told me that it doesn’t work that way.
I tried speaking with our lawyer for the house closing, but he said unfortunately he has look out for my boyfriends interest only, because I’m not on the mortgage.

I’m worried because I’m investing over 20k on just the home deposit alone. And everyone is making me feel like I’m not a part of this or warning me against it.
My worries aren’t my boyfriend doing something shady, but more so that if something god forbid happens to him, I’ll be owning a house with his next of kin. Or if his grandpa is on the lease and he passes, a third will go to cousins and will will have to buy someone out when they never even invested a dime into the property.
Topic:
Real Estate law

Answer:
 Your friends are right.   Without being married and without your name on the title, you are really a glorified renter.

If you are determined to go through with this, you should have a separate contract about what happens if you split up while unmarried.  Because he will own the house, not you.


Title: Dentist brushing his fingers on my boobs every f single time

Question: My f dentist/ ortho ALWAYS f "brushes" his finger on my boobs. For example, he dropped a cotton ball, but instead of letting me get it, he used his hands to pick it up on my chest. He also always touches the "bib" and uses it to wipe my face, which means he would always touch my boobs! I am so f furious right now that I don't know if Im typing this properly. At first, I thought it was intentional but after some time I realized that he is harassing me. I no longer want to go back to him. My braces need to be adjusted rn but Im still trying to figure this shit.

Answer:
 Using the bib to clean your face is very normal. I’m an average male and have had the bib used to wipe my face my whole life.

Why isn’t the solution to find another dentist? Using the bib to clean your face isn’t illega. Answer #2: It sounds like you need to sit down with the dentist and express your discomfort. If the behaviors don't stop then you can escalate further.Answer #3: How old are you?


Title: Is there any legal consequence to giving out a false SSN? [CA, AZ]

Question: I'm a medical student going on an out of state rotation.  The school has setup and is paying for my housing during the rotation, however, the housing site has asked for my SSN for "federal, state, grant tracking, and reporting purposes."  Frankly, I don't want to.  If I put a false SSN, am I committing a crime?

Answer:
 > Frankly, I don't want to

Then don't accept the free housing. I really question your ethics.


Title: [San Bernardino, CA] Click it Ticket that I'd really like to reduce or get out of.

Question:
So here's an explanation.

I'm 21 and got kicked out of my house while out of town. A friend gave me a ride to my house to pick up some stuff but his car didn't have a working seatbelt. I don't know anyone else who could have given me the ride so I just went.

Long story short I got ticketed for no seatbelt and was wondering what my options are.

I've never gotten any other ticket or even been pulled over. I really feel like I had no choice other than to go since I had the clothes on my back and $40 when I found out I couldn't return home.

I 100% know I broke the law, but I need to get any slack I can.

Thanks for any help, this is being written on mobile so forgive any errors or the short explanation.

Answer:
 Not sure how you reduce an already floor ticket.  A "click it" ticket is as low as citations go.

You do not have any defense.  You can beg for mercy from the judge and hope they will dismiss the ticket (unlikely given how poor CA is).


Title: Obviously sex in a car parked in public is illegal. What If you got a really dark window tint, a put a windshield cover up?

Answer: uh . . . . having sex in a parked car isn't illegal. Have sex where the public can SEE you is illegal.  From the millions of teenagers before you, FIND A BETTER PARKING SPOT.


Title: Is child support payer entitled to reimbursement for being charged for arrears from prison time?

Question:
PENNSYLVANIA -

My friend went to prison as a young man and racked up $17k worth of child support payments while incarcerated. For years, child support has been hitting him with astronomically high random bills to "make up" for the arrears. He learned today because his usual caseworker (a real charmer) was sick, and the new one informed him that they'd done away with the practice of allowing debt to rack up while you're in prison /ages/ ago. He's actually going to be able to fill out a form to have the arrears wiped out altogether.

Here's the rub, though.

Would he be entitled to reimbursement for all the arrears payments he made while that new law was in effect? And is the court legally liable for that money as opposed to the child's mother, since this caseworker was well aware and withheld such stupendously important information for years?

He absolutely doesn't want to get money out of his ex or take from his kid, but this was... shocking. Watching it happen for years really destroyed my faith the system altogether. They'd send bills for more than he makes in a month with 2 weeks to pay, and coldly tell him to borrow the money or "get it somehow" when he'd point out it was impossible. Failure to pay? Jail! Only released him if someone paid the balance.

Because of his poor health and disadvantaged start in life, it led to his being entirely indigent. He had to stay in an abusive relationship for years just to have a place to live because of how badly this impacted his finances. It was absolutely inhuman.

Does he have any recourse?

Answer: More likely he would be entitled to an offset rather than reimbursement. They're not going to force the mother of his child to pay reverse child support, but they might reduce the amount he owes going forward for a time until the mistaken arrearages are wiped out.


Title: Excessive serves? Divorce. Arkansas

Question:
My husband filed for a divorce. I know this because I've been served 6 times over the last three days with the exact same paperwork.

They all come to my work, go to HR and ask that I be called up. I am in an office environment so I usually have to leave a meeting to go get served. The first time was fine. The second was a bit weird. By the third time, it was getting a little annoying. I've gotten served twice a day over the last three days.

Some it looks like are from the attorney's office and there was one that said he just worked as a contractor. I don't know that much about these people. They usually just ask if I am who I am and then hand me paperwork and have me sign something and then leave. They don't say their names or who they work for and shrug it off when I tell them I've been served.

I called the attorney listed on the paperwork but I can't get anyone to return my call. I haven't yet found an attorney or else I'd ask him/her what to do. I told my husband that I was getting a lot of serves and that I get it, he wants a divorce, the one serve is fine, and he said to talk to his attorney.

The paperwork is all the same. I've lined them up to see if maybe there is a correction in the latest ones or something but nope. Same paperwork.

I don't know if they will try to serve me again today but, you know, the pattern so far dictates that they will.

I was hoping someone could give me some perspective into why this is happening? Is there anything I can do on my end. I won't be able to see a lawyer until next week. I'd really not have to deal with getting served the same paperwork again at work today.

Thank you!

Word: added something to make the post make more sense. I hope.

Answer:
 It sounds to me that the two likeliest scenarios are that the attorney and process servers are very incompetent or are looking to harass and embarrass you. I have worked in the legal field for over 20 years and have NEVER heard of that happening before.

If I were you I would contact an attorney right away and find out. Be sure to save all of the paperwork that you were served with and have the details as to when you were served each time. Answer #2: You don't _have_ to go out and meet a process server. Tell the receptionist to tell them you're not available and to send them away.


Title: If I pay rent, can I be arrested for trespassing?

Question:
I’ve lived in the same townhouse in Roanoke VA since September. My roommate was the original lessee and told me he’d put me on the lease and to move in with my dog. I’ve been giving him rent money to give to the company ever since. (Because it’s an online portal and the accounts are confusing to set up, but he has one.)
In December, I found out I hadn’t been put on the lease and tried to figure out how to make it happen, but I was side railed by the roommate who wanted to get out of the lease because he’d had a mental breakdown and lost his job, etc.
Now the rental company has told me I can’t be on the lease even though everything was just explained and to leave ASAP, or I’d be arrested for trespassing.
If nothing else, I had an oral agreement with my roommate and money was exchanged for rent, and there are messages to prove that.
Does anyone have experience with this??

Answer:
 You are a tenant, even without a lease, and have rights - namely you cannot be removed straight away like that.

https://www.roanokeva.gov/1429/Virginia-Landlord-Tenant-Act


Title: [TX] I am the non-custodial parent of a 3yo whose mom just went to prison and is now living in a drug den.

Question:
I will try to keep this focused, so here's the situation:

* The kid is 3. I used to be on drugs, made some poor choices, and a year later I found out by way of letter from the Attorney General that this kid was one of those poor choices. I take care of my financial responsibility but otherwise I have not been involved or even met the kid. Not displacing responsibility, but just to help understand a little about the mom she has told mutual friends she lied about being on birth control to get pregnant on purpose and trap me.
* The mom shot meth while pregnant, and is just generally a pretty messed up human being.
* Found out yesterday by a mutual friend that the mom went to prison this week (2 years min), signed power of attorney to her parolee husband who has spends all the child support money on drugs and the kid spends most of his day strapped into a car seat.
* The grandma isn't capable of doing much, but she tries her best and is probably the only constant in the kid's life currently. But she is poor and they have better plans with the money that is supposed to go towards his care.
* I live 6 hours away and work constantly.
* They are living in a fifth wheel trailer (so, no address)
* I have filed a report with CPS and PD and they agree that the child should be removed from the house...if they could find it. The last known address is a trailer park where the number listed doesn't seem to exist (PD attempted a welfare check last night).  I gave them as much info as I could.
* There's a lot of things I would *like* to see happen, but my priority is making sure there's intervention and that the kid is safe. Legally speaking, what are my options here?

Thank you!

Answer: Did you get a DNA test to establish that the child is yours ?


Title: Friend got burnt by her airbag during accident.

Question:
Might be wrong flair, I apologize for that.

She was going 60 and the person in front of her braked hard immediately and she rear ended that car. When the airbag deployed it burnt all the way down her arm and she has a Chevy emblem burnt into her forearm. Is this worth pursuing recompense for the burns from this seemingly defective airbag?
Topic:
Small Claims Procedure

Answer:
 This is the equivalent of saying "I was in an accident that was my fault. The seatbelt prevented me from being ejected from the car and dying. The seatbelt left me bruised and gave me cuts. Can I sue??"

The airbag worked as intended, and SAVED YOUR FRIEND'S LIFE. She should right them a thank you letter, not start a lawsuit.Answer #2: The air bag stopped her from dying when she smashed into a chunk of metal due to her inattention. The law doesn't pay people when bad things happen, it pays when something beyond a bad outcome occured. Rapid movement generates heat. Without more info, you really don't jave enough to sue off of. It may make sense to get a free consult, but don't hold your breath.

Don't be surprised if she gets sued.


Question:
*Beep Boop Beep Beep Boop*

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Original Post:

https://www.reddit.com/r/legaladvice/comments/5dn9m5/ontariocanada_update_employer_asking_me_to_come/

Author: /u/korhalf

#**[Ontario,Canada] UPDATE: Employer asking me to come back after temporary lay off**

> so as the title says, a few months ago i posted:
> https://www.reddit.com/r/legaladvice/comments/52rn56/ontario_canada_employer_has_temporarily_laid_me/
>
> Basically, what I predicted happened, I got an email today asking me to come back except I've relocated to Toronto. I suspect he's expecting me to say no so he can count it as a resignation and get out of paying me termination pay. Does anyone have any advice with how to approach this?

Answer: This post is still asking questions and should be unlocked.


Title: Accused of Eluding, Resisting. May have to act as own Criminal Defense Attorney.

Question:
EDIT: Location [USA, IDAHO] I have been accused of Eluding and Resisting in September 2014. Citation and court notices sent to an old address and I was picked up on a warrant in June 2016 after police responded to an alarm at my work.

I've been unable to secure an attorney and the judge has kept my trial set for December. I'm exploring every option to hire an attorney but I may have to represent myself in court.

I've received the discovery and the only evidence being presented is the police report. In it, two officers are busting up a party in the woods on private land. They pursue a white pickup truck and the driver flees the vehicle. They did not pursue and there are no audio or video recordings from the police. The passenger was the owner of the truck and he told the officers that I was the one driving the truck because he was too intoxicated to drive. Based on that, they filed 2 citations. Eluding and Resisting, both misdemeanors.

Now, I won't go into the whole shpiel, but I've never met the person who told the police it was me (I have a wild conspiracy theory that kind of makes sense but I won't go into that). Nor was I at this party. As far as I can recall I was at home with my roommate but neither of us have any evidence of our whereabouts from that evening.

Any help is greatly appreciated. I'm at a loss and honestly flabbergasted that this is the Criminal Justice System at work. I apologize if this isn't the place to seek help with such an issue.

TL;DR : Wrongfully accused of Eluding and Resisting, can't afford lawyer and ineligible for public defender, may have to act as own attorney in trial.

Answer:
 Your narrative is kind of tough to swallow without a reason why the driver would finger a complete stranger.  Is it possible he knows someone with a similar name to yours?  And "resisting"?  How do you get a resisting charge if you weren't there?

Anyway, if you've tried to get a public defender but don't qualify, the legal system expects you to beg, borrow, hock, sell whatever you need to.  Old baseball cards, the electric guitar/amp/drum kit, car, etc.  "Can't afford an attorney" generally means "no way I could possibly scrape that money together".  If it means eating canned beans and peanut butter for a month or two, that's what it means.

You really can't afford to do this *without* an attorney.  Not that it's impossible -- some people manage to win self-represented criminal cases.  But the long term cost -- especially if evading is being charged as a felony (you didn't specify) -- of losing this case is probably worse than you're estimating.


Title: [US-IL] Sideswiped by a rental car while I was driving a rental car, now my insurance company says they're giving up on trying to recover my $1000 deductible. Can I sue the other rental company without knowing the name of the other driver?

Question:
**Please note that there's a quick TL;DR at the bottom if you don't want all the details :-)**

Back in January of this year I took a family trip out to Chicago, IL to visit some relatives and do some sight-seeing. While in Chicago I rented a large minivan and opted against the added insurance options the rental agency pushed at me, since my normal car insurance covers rental cars too.

During our Chicago trip I was driving downtown to do some sightseeing with the family and while on the freeway, a black SUV came roaring up on my left and cut into my lane, crunching against our van hard enough to do serious damage to the front-left corner of 'our' rental van. The vehicle that hit us was driving extremely erratically, swerving from lane to lane and driving significantly faster than anyone else nearby. Upon realizing that A) we'd been hit and B) the other car wasn't even thinking of stopping, I gave pursuit while my wife called 911. I was able to keep up for a few minutes, but the other car was driving so dangerously (including racing past other cars on both shoulders of the road), I had to fall back. That's when I saw two (possibly more) police cars which appeared to be chasing the car which hit us - presumably this explains why the other driver was being so aggressive: they were trying to get away from the police.

I took the next available exit, and the rest of our day was spent talking with my insurance company, the car-rental agency, and miserably trekking from one police station to another until we were finally able to locate a State Trooper who could take our statement. The trooper was able to confirm that the car which hit us was also a rental car, though he couldn't provide any further info about the driver.

I eventually ended up paying the $1,000 deductible on my insurance plan to cover the repairs to the rental van, but at every step, my insurance company assured me that they would "do everything they could" to recover my deductible fees and return them to me, since it was clearly a "not at fault" accident from my side.  I also spoke with an internal investigator at the rental agency which owned the car that struck us - he confirmed that the person who'd been driving was also the registered renter of the vehicle (though I still don't have a name), and that he was "acting real fishy" and avoiding all attempts to get his statement.

Now I've gotten a form letter from my insurance, in which they say, "*After reviewing the facts surrounding the above-referenced claim, we have concluded that a possibility of recovery by <Insurance Company> does not exist. Therefore, we regret to inform you that we must close our file and not further pursue the matter.*" The letter goes on to say that I have the chose to continue to pursue the recovery of my deductible myself, though on my own time and on my own dime.

I find it morally unacceptable that some jerk can crash into me and *I* get stuck footing the $1000 bill for it. What would be a good next step here? Can I file a small-claims suit against the other rental agency, or should I be more focused on trying to find the name of the actual person who was the registered renter of the car that hit me?

**TL;DR: Got sideswiped while driving a rental car by someone else in a rental car. Paid the $1,000 deductible to my insurance, but now they're giving up on recovering my out-of-pocket expense. What do I do now if I want to pursue this on my own? Can I sue the other rental agency, or should I focus on trying to find the name of the person who'd rented the car that hit me?**

Answer:
 Your suit is against the other driver. If that driver isn’t identified in the police reports you may be able to subpoena the rental agency.

You might note that suits against people being chased by the police are often good money after bad.Answer #2: NAL but if your insurance company has given up collecting the money it probably means they hit several dead ends and think it would cost too much money to recover the deductible.

Like the other comments said, you're probably going to spend a lot of money to get very little, if any, back.Answer #3: Not legal advice, but did you pay for the rental with a credit card? Some of my cards have rental insurance on them and you can try to file a claim and recoup some losses there. That might be easier than going after someone in a possibly expensive legal battle when they might not even pay out any judgements against them.