Title: If I die in MD, does my life insurance get used to pay down debts?

Question: I have free life insurance to the tune of 2xsalary through my insurance.  I doubt that's sufficient to pay off my debt.  I do not have cosigners on any of my debt, and lack any significant assets (seriously, I don't even have a car).  Would my student loan companies be able to go after my life insurance money, or would it go directly to my beneficiaries?  And does it matter if a beneficiary is in a different state?

Answer:
 If your life insurance is paid out to a named beneficiary, it is not considered part of your estate and it is not subject to claims from creditors against the deceased's estate. The named beneficiary will receive the benefit payout directly and it does not pass through probate.

Note that this is not the case if the *estate* is the named beneficiary on the policy, or in most cases if there is no named beneficiary or all of the named beneficiaries have died before the insured (though this depends on the policies of the life insurance company; most will default to paying out to the estate in those cases, but it's not a legal requirement, and some might default to paying to certain individuals like surviving spouses, children, siblings, etc.). If the policy does pay out to your estate, then the amount would be considered part of your estate and would be used to settle debts to creditors and otherwise divided among your heirs during the probate process just like the rest of the assets of your estate. You should read your policy and check with your insurance provider to make sure you have a named beneficiary to avoid this issue.


Title: [WI] Homeschooled 12 year old still can't read. Time to call CPS?

Question:
Unfortunately, WI has pretty lax homeschooling laws, but I'm wondering if it falls under neglect.

The same kid's mother has a daughter who wanted to try high school. She tried it for 4 weeks, and then decided it was too hard and her mother happily pulled her out.

Both kids are incredibly far behind academically, but it's the only sign of neglect. Should CPS be called? What would CPS do?

Answer:
 She sounds like she is a victim of educational neglect. You can report your suspicions that proper education is not being provided to the local school district they reside in. There is no assessment mechanism in WI, so it is up to you (concerned individual) to report this. Be sure to provide as much information as possible, and be thorough. This is not a case for CPS, as it falls under educational neglect.

Check out [this link](https://www.responsiblehomeschooling.org/educational-neglect/how-to-report-state-by-state/)  for more info. You can get specific info about WI there. Answer #2: Are you sure there is no learning disability in the mix?Answer #3: If that is the only sign of neglect, CPS is probably not the appropriate route. Even though they are homeschooling, they still fall under the purview of the local school district and that is the best place to start.Answer #4: Getting anyone to take action on educational neglect is *incredibly* difficult in most states. But you should still make a report, and keep making reports. And have others who are aware of the situation make reports as well. It's doing pretty much irreparable damage to these kids.

If, in the very rare case that she has such a severe learning disability that reading isn't possible for her, she needs specialist help.

I worked on a similar case, parents insisted the child had learning disabilities and it turned out they just needed glasses very badly. Answer #5: Unfortunately, it doesn’t seem being a crappy teacher is neglect. Information [here. ](https://dpi.wi.gov/sites/default/files/imce/sms/pdf/home_faq_2015_09.pdf) However, where there is smoke, there is usually fire. If you suspect neglect, look for actual proof and let everything else fall where it may.


Title: [California] Did I threatened my father?

Question: It all started this morning when my father asked if I wanted to go to the grocery store with him. The purpose on why he asked is that so I get to know more about the road for my upcoming driver license test. I said "Wait, right now!?" with a explosive reaction still sitting because I just finished my breakfast and I believe it was too early to go. Also it was 6:30 a.m. when this began. Now granted I shouldn't have done that to my father but he got up went towards me when I was sitting and still sat for the rest of our argument. He asked if I wanted to fight and I declined it, he sat back down and asked if I was threatening him which I still denied. We argued for a minute or two on describing my reaction on which he said was right for it was a reaction on wanting to fight. I asked if he wanted to call the police for this matter to which he said "Go ahead" but I decided to drop the matter of the calling the police because we'll be wasting their time and we will look like idiots for calling them. I then walked to my parent's bedroom and immediately told my mother to wake up so we can settle on who was right. We told our story to her and improvised my reaction to his proposal to go to the grocery store. She said I was right and I should ignore him and walk away because there isn't any use into arguing with him and so I left. An hour later I decided "Why not ask reddit!" and so I'm here. So did I threatened my father or am I and my father idiots for arguing about a mundane matter. Also should I call the police? because I did believe he wanted to start a fist fight when he walked up to me when I was still sitting and asked if I wanted too. Can he go to jail for this?

Answer:
 > or am I and my father idiots for arguing about a mundane matter.

Yes.Answer #2: How mad is your mother for waking her up for something so ridiculous?  Get your emotions under control.  If you react this way to your father asking you to go for a drive, you will be back to legal advice before long with real issues.Answer #3: Truly, science has surpassed itself when it made possible for a 14 year old to have a 14 year old child.

And let your mother sleep!Answer #4: You woke up your mom? Seriously?

You know he was doing you a favor, right?

If I were your dad, I'd wake you up at 6am every Saturday and Sunday for the foreseeable future. Just for funsies and all of the flea markets in a 10 mile radius.

Edit: Looking at your post history, you're 19. You're 19 years old and getting in fights with your dad over going to the grocery store. I thought for sure you were 13 from your post.
I just can't even.


Title: Does Etsy give out sellers address to lawyers?

Question: I have an etsy shop where I sell accessories from my house. A high fashion company sent me by mail a cease and desist signed by their lawyer. They’re claiming that I copied their designs (which isn’t the case). The letter has been addressed to my etsy shop name and has been sent to my house. Not only is the letter threatening (asking me to agree to pay for their attorney fees), I feel like my privacy has been invaded. How did the lawyer get my address?I thought maybe one of my customers bought something from me just to get my address, but my name appears on the shipment. If this was the case, then why wasn’t the cease and desist addressed to me instead pf my etsy shop?

Answer:
 You're getting spun up over a minor issue when a major issue is staring you right in the face.Answer #2: Its possible Etsy gave your address. Or maybe the lawyer used Google. Or a search service that specializes in finding people. Doesn't really matter. It isn't a violation of your privacy. The much more important issue is the content of the letter. That is what you should be focusing onAnswer #3: You're about to be sued by a company with probably millions of dollars to spend on a lawyer and you give a shit about Etsy providing your address?

Pro-tip: If this company wants to sue you, they would find your address even if you were off the grid living in a bomb shelter 500 miles underground. They didn't need Etsy.

Focus on the important part of your situation.


Title: 12 page essay or jail time? Is this allowed?!

Question: [deleted]

Answer:
 Where are we talking about?

What country what state?

It matters, A LOT.


Title: [NYC] I was grabbed by the neck and hit on the face on the subway, police say it was only harassment

Question:
As the title says, I (30F) was involved in an incident on the subway. There was a small altercation between a man and a small older woman in which the man threw an object at her and screamed profanity and insults at her. The train was crowded and feeling bad for her, I told her off to the side when she came back my way to just ignore him. Well, he overheard me and turned his screaming at me at which point his brother jumped up and got in my face.

When I ignored the brother, he grabbed my neck and hit me in the face with his other hand. Luckily, others on the train were able to get him away and called the police and MTA who were waiting for us at the next stop and took my report along with details from a couple of witnesses.

Despite the fact that I was grabbed by the neck and hit in the face, the police insisted it was only harassment and not assault because there was no weapon, I was not bleeding, and he didn't squeeze my neck to stop me from breathing.  The man also claimed to be bipolar and they refused to send him to psych for an evaluation. They wrote him up for harassment and let him go, told me to be on my way and I feel so violated.

What should I do (if anything) after I pick up my police report? It's infuriating that someone was able to be violent with me (and could be in the future with someone else) and was allowed to carry on like he had done nothing wrong. Is it true that I was only harassed and not assaulted?

Answer: In NYS, the statute for assault requires actual physical injury. If you were injured, ask to speak to a supervisor about this.Answer #2: File a complaint with your local police station. Someone else could help you with more details on how to do that because this is definitely assault.Answer #3: If it makes you feel better, think of harassment as the lowest level of assault charge.


Title: [US][GA] A restaurant increased their tip from me, what should I do?

Question:
First of all, this isn't a crazy amount of money. My food was $8.91 and my tip was $1, however, they charged my debit card $10.91.

And before anyone says I tip like shit, no one served me, I walked in, ordered some food from the guy working the bar, he handed me a bag and I left. Unfortunately, I couldn't afford much more than a dollar tip, because I'm a student on a strict budget.

Anyways, what do you think I should do. I have my receipt with the final value written by me scribbled on there. This one dollar won't cause me to get kicked out on the street, starve, or anything too serious, but I don't think restaurants should do this kind of crap.

Answer:
 First off, go back to the restaurant and ask to talk to a manager, and show them the receipt and the difference you were charged.

If they refuse to help, contact your bank and show them the same.Answer #2: I'm pretty sure that's illegal - I would talk to the manager, and if they won't return the money, report them to whatever entity in that state issues them a business license. A letter to the State Attorney General wouldn't hurt, either.

It's just a dollar, but there's legality and principle here, too. This is not something we want all restaurants taking up as a habit, because "Nobody gets in trouble for it".


Title: Please Help! Lawyer changing agreement 16 hours before court.

Question: [deleted]

Answer: You can fire them and hire a different lawyer potentially.  You can talk to the partner and see if you feel comfortable with them handling your case.  You can complain to the state bar that your lawyer wasn't communicating with you (that's the number one complaint against lawyers).  What exactly are you looking for as far as advice here?


Title: (Canada, ON) - Roofers Did Unauthorized Work On Our Roof and Minor Damage To Our Deck - What Are Our Options

Question:
We live in townhouse unit with 5 neighbors. Four of them have paid one company to redo their roofs, while my neighbor and will be getting our roof done separately.

This morning, all the supplies and workers arrived. My wife and I were gone all day and when we returned we found a shovel used to remove shingles, several old shingles (some with nails), and nails scattered across our deck. Three deck boards also have gouges, likely due to the shovel falling.

This caused me to question the workers and let them know that cleanup would be required since our dog frequently goes out on the deck. In speaking to our neighbor (the ones who are with us and aren't paying this company) we discovered that the roofers have actually replaced half of our roof by mistake.

We would like to know what the best course of action is with this? Do we lawyer up right away, or do we look to make a deal for the rest of the roof?

Since they have done work on our property without our approval, I figure there must be some legal precedent that I would like to use as a guide for my next steps.

TL.DR. - Roofers replaced half of our roof by mistake, made some small damage to our deck. What are my best options?

Answer:
 Getting a newly installed roof probably isn't going to qualify for damages, a newly installed is of higher value than the previous. Get someone to inspect the roof. If the job was done poorly or with inferior materials to what was there prior you may have a case. You could reasonable demand payment for a professional inspection.

As to the damage to the deck, get and estimate and demand payment.

If the roofing company doesn't pay the demand you'll need to sue them.


Title: They're trying to take my silly domain from me!

Question:
I've bought a number of completely absurd cat pun related domains over the years for no reason other than to entertain myself. After years, and what I would assume is ~5 visits/year, I just got a notice from the owner of a trademark related to said pun:

> We noticed that you are using the domain name [REDACTED] for a website that shows images of [REDACTED] costumes.
>
> While we are flattered that you like our brand, we have to be diligent to ensure that our trademarks and copyrights are used correctly.  If we allow uses like yours, we run a risk that our brand will be weakened.  I’m sure that’s not something you intended or would want to see happen, as a fan of the brand.
>
> In order to resolve this matter, we request that you transfer the domain name to us.  Please log in to [REDACTED], unlock the domain name, and provide me with the authorization or EPP code so that we can initiate the transfer.

I _really_ like the domain—if for nothing other than sentimental value. I'd be more than happy to take down any content there, but do I really need to transfer them the domain as well?

Any input would be apprecated! Oh, and this is in California.

Answer:
 Not saying they won't escalate this because... They might. But that's clearly parody. They're being jackasses. They're going to bully you, unfortunately. I love the site.Answer #2: You don't **have** to do anything.  They're negotiating a settlement to forestall other action.

You can counter-offer(I'll take down the pics but not give up the domain) or you can ignore it and roll the dice.


Title: [Michigan USA] My uncle is executor of my grandmothers estate, says I'm due $120K but every month there is a new excuse not to pay.

Question: Last fall my grandmother passed away here. Her son (my uncle) is the estates executor. He told me in November that I am in the will for $120,000 USD. He told me he would send a check in about a month. Every month thereafter I would call him (or he'd call me) and he would provide me with another reason why it will take another month. This has gone on since Christmas. Recently I called a local probate attorney and he said I should get an inventory of all the estates assets. He said he could do it for $200/hr but he cannot tell me how much it will cost if he has to "investigate" the assets. I asked him if there was any way I could know if the $120K is accurate. He said no. I mean, what if it is $250K? He could just lie. My uncles behavior seems shady, and I'd like to know if anyone else has been in this situation, and what, if anything, I should be doing?

Answer:
 Ask to see a copy of the will.  Most likely your state requires that the will be filed with the probate court within 60 to 90 days after the death.  So if your Uncle won't give you a copy-ask him if its been filed and then go to the courthouse and see the copy.  If he clams it hasn't been filed then you should tell him that the law requires filing.

Your Uncle also needs to too an inventory of all the assets of your grandma as of the date of her death.  Ask to see the inventory.

if the will says you get 120K and the inventory says there is 120k ask (in writing) when it will be distributed.  Your Uncle has the right to pay all the estates outstanding bills before doing any distribution.


Title: Friend got kicked out of his own store. What can he do?

Question: This is a situation a friend of mine (lets call him Jeremy) is facing. When he opened the restaurant, he did not have his green card yet (he only had a student visa, with green card pending). Thus, a "friend" of his (lets call him Chad) offered to sign the papers in his stead. So now, Chad kicked Jeremy out of the restaurant and is trying to sell the building. is there anything that Jeremy can do? Any input will be greatly appreciated.

Answer:
 To be clear.  Chad owns the property.  He signed the papers, it's his land.  Jeremy would probably have a claim for purchases made in reliance of Chads promise to use the land.  Also, I would want to know how much money Jeremy gave to Chad.  Did he pay for the whole thing up front.  Did he promise to pay him down the line.

Basically though, If he lost enough money I would certainly have him consult a lawyer.
Answer #2: Sounds like it is Chad's restaurant, not Jeremy's. However, it also sounds like the stakes may be high enough to get a lawyer to look into this. It could help if he has his deal with Jeremy on paper.


Title: Landlord/ Mailbox Dispute

Question:
Hi There! First time poster to this Sub. I am a resident of Stamford, CT and currently rent a standalone house with my girlfriend. There is one other standalone house at the address, and our landlord lives around the corner in a much larger house. She is not a pleasant woman to deal with at all.

There is one mailbox at our address. We assumed it was for us and the other rental property. However, our landlord gets her mail there, as well as some other businesses we do not recognize. The mailbox has recently been damaged and will not stay closed. Our bills and our tax documents have all been ruined because of the heavy rain and snow here in the Northeast. We asked her to repair the mail box and she refused. She told us to get a PO box. That is something I don't want to do, the post office in my town is very inconvenient to get to. I went to the post office and they told us we could just put up our own mailbox with our names on it and they would deliver our mail there. She also informed us that we have "too many magazines" and that she has been throwing them out! That is a federal offense! We informed our landlord that we would pay for our own mailbox and put it up ourselves and she said that we are not allowed to. My question is, are we allowed to put up a mailbox across the street next to our existing mailbox like the USPS told us to do? Would she be allowed to touch it? She has already admitted in writing to tampering with our mail.

Thanks in advance. I can answer any additional questions.

Answer:
 Put up your own mailbox with your own name.  If she tampers with it, call the police.

Inform her not to touch your mail, and call the police about it.  Her throwing your magazines out is a no-no.Answer #2: >She has already admitted in writing to tampering with our mail.

It sounds like in addition to being "not pleasant" she's also not very smart.

In regards to you installing an additional mailbox, in my area the town owns the property from the edge of the street into our property five feet. I learned this when a new home was built next door and they tore up my front lawn to run the utilities. I've run into the same in other towns though the amount varies.

Since the post office has already approved it I would give a quick call, or visit, to the local assessors office and ask them. If the town owns the first few feet in your landlord can't say a thing about it since it isn't technically her land.  Answer #3: Get a lockable mail box.


Title: My (F 18) Ex (M 31) is showing work colleagues, friends, and family nude videos of me he took without my permission while we were together.

Question:
Title pretty much sums it up.

* Looking at Australian law.

* I was 18 at the time the video was taken.

* In the video I can be seen telling him to stop filming.

He is threatening to keep showing more people. Not sure what my options are in this situation. Any advice/suggestions would be great, please help!! :(

Thanks in advance :)

Answer: I know [this page](http://www.lawstuff.org.au/nsw_law/topics/Sexting) mainly discusses situations involving people <18, but the bottom part certainly applies to you.


Title: [GA] Marijuana DUI, abstain from smoking until court date?

Question: [deleted]

Answer:
 > solicitors can be pretty manipulative

Great way to ask for free help in a forum full of lawyers.

> Will they attempt to drug test me in court? Do I need to refrain from smoking until then?

Yes, in some jurisdictions it is not at all uncommon for the prosecutor to say "I'll offer X lenient deal" or "I'll dismiss X charge entirely if he pisses clean today." I have no idea whether that's standard practice in your particular jurisdiction, but the risk is yours.


Title: My wife ingested soil from an airline served breakfast sandwich

Question: [deleted]

Answer: Either you care about her health enough to go to a doctor or you don't. But don't expect the airline to care if you don't. If she's feeling better she's *probably* just fine but it would be better to have a doctor examine her and run whatever tests he thinks are needed. Toddlers don't die because they eat a little dirt.


Title: [Update][CA] ex and her father filing a restraining order on me for domestic violence

Question: [deleted]

Answer: Quit talking to this person and her family and move on with your life.


Title: I have some mental health issues so does that make me exempt from being drafted?

Question: I was almost admitted into a mental hospital so I Guarantee they have it on record.

Answer:
 Depends the mental illness. Military can ignore certain things/ make exceptions when they need to recruit more people.

Also “almost” admitted into the hospital means you were cleared as not being a harm to yourself or others, which is something they pay attention to


Title: [MB Canada] realtor gave out our phone number and information.

Question:
My mother owns around 600 acres of land in a small town nearly 6 hours away from where we currently live and somehow a realtor got our information and phone number and is giving it out to people so they can call us and ask if we would sell to them. My mother has never expressed to anyone that she wants to sell because she's leaving it all to my brother and I. And we have never been in contact with this realtor ever. How did this realtor get our number and is it legal for her to give it to random people? We've had 4 calls in the last week.
Topic:
Real Estate law

Answer: In all likelihood the realtor probably looked up the owner of record at the local deed office, or hell even found it online if tax assessor info is online in Canada like it is in most parts of the US.


Title: House fraudulently sold with fake signature

Question:
Hi everyone. Thanks for taking the time to read my post, I will keep it as succinct as possible but let me know if you need any more information.

My father owns a construction company in which he used to purchase a home in an adjacent town to where we live (New Jersey). This house was producing rental income and he eventually paid it off and owned the house free and clear. A few years back, my parents decided to permanently relocate to Brazil and left a family friend in charge of collecting rental income for this house and sending it to them in Brazil. Things went smoothly for a few months but then started to hit the fan. Inspectors came and found additions to the house that weren't permitted and told the tenants to stop paying rent until it was fixed. This family friend was trying to resolve the issue but there was a lapse in communication with the back and forth and eventually they lost touch and this house was just sitting vacant for a while.

Well, unbeknownst to my parents, a few months later this family friend forged my fathers signature on a quitclaim deed to transfer it over to her husbands name. Subsequently, the sold it to one of those "we buy houses in cash" companies for about 200K (all profit -- house was free and clear). Clearly there are a lot of guilty parties involved, attorneys, notaries, and obviously this family friend. She has been in trouble with the law before for mortgage and insurance fraud and is no stranger to these kind of crimes, which my parents did not know.

Now my question is: is there any way for me to redeem this property? Maybe sue for damages from the title company that allowed this transaction to happen? Or get the property back?

Also, due to visa issues my dad is not able to come to the United States right now to fix this, is there any way that I can represent him with a power of attorney?

Finally, I am not currently in a financial state where I can pay the crazy hourly rates for a lawyer at this time, what would be my best bet from here? Should I try to negotiate a fixed fee with a lawyer and take out a loan to pay this? Or maybe work out a deal where I can pay him after the lawsuit?

Any help would be greatly appreciated. If you need any additional information you can PM me or comment below.

Answer:
 well.  deeds always need to be notarized and maybe witnessed and filed in to the public counties records.

so how was all of that done with a fraudulent signature?

how did you even discover the property was actually transferred?


Title: Uncle broke vertebrae in neck and spine. Intern at hospital closed him up in his bed and moved him even though not supposed to.

Question: Title. My uncle is in rough shape. Doctors orders where he "cannot be moved at any cost"  Well, intern didnt know because no nurses put a sign on the door that says "Do not move patient". Family told him, he moved him anyway. He screamed in pain. Closed him up in his bed at a 45 degree angle. Also, nurses tried giving him a bath.  Uncle is now having to take another MRI. They may try to pull something funny and say he was already like this. Nurses seem incompetent as well even though warned multiple times by my family that he needs a sign on the door. What should my cousins and aunt do?

Answer:
 AFAIK, legally, you can't do much until it's shown that he's worse off. If the intern's actions caused further damage or injury, consult a malpractice attorney.

In the meantime, consulting with the hospital's officials and discussing what happened and informing them it is by no means okay for someone to not only go directly against a patient's family, but for someone who can't be bothered to check the chart (where the do not move would've most probably been written) to be dealing with a patient at all.

You can't sue, unless there's damages, but you can sure as heck go to hospital higher ups.


Title: Morality Clause -Texas

Question:
Well the internet hasn't been much help, so I am hoping one of you might be. First let me explain a little about our situation.

My boyfriend and I have been together for 3 years and we've recently been discussing moving in together. He has a morality clause in his divorce decree that states no overnight paramours (partners of the opposite sex) are to be present while the children are in his custody. We have followed this clause since the very beginning, and due to not having a lot of money, we don't plan to try removing it. However, considering we are not married, which would null and void the clause, moving in together is not so simple.

SO.

My question is if we move in together, and I get a hotel to sleep in (alone) while the children are there, would that be breaking any part of the clause? We are just trying to be happy and move on while doing things the right way. Any advice you guys have is greatly appreciated.

Answer: IMO he should try to get the order modified.  Answer #2: Correct me if I am wrong but would overnight paramours not count for someone who lives in the place? You would be a permanent partner at that point yes?


Title: [CA] Allegedly Bill Murray was forced to endorse the new Ghostbusters. What kind of legal contract can compel speech like that?

Answer: He is credited in this movie, actually.


Title: My school are making me sign a rule that says "I also give my full consent to drug testing, should suspicious circumstances so dictate"

Question:
Hi, I'm 18 and I'm finishing my A levels. I'm going to this new private school in **FRANCE** and in the "CODE OF CONDUCT" that I'm expected to sign it says "I also give my full consent to drug testing, should suspicious circumstances so dictate". I don't take drugs but I'm curious to know:

If I sign this, does this basically mean any day they could just say, we need to take a blood or urine test? Isn't the only person allowed to do that in France is policeman or a doctor? Is it legal for them to have such a rule (in France)?

Hope this is not a stupid question and I hope you guys could help me out, Thanks!
Topic:
School Related Issues

Answer:
 I have no knowledge of the legal system in France, but my guess is that since it's a private school they can make drug testing a condition of attendance if they want.

And they almost certainly mean that they will have a doctor actually do the test. It's unlikely that they meant a teacher would be collecting the sample...Answer #2: Again, not from France, (Italian here) but yes, it's not a "rule" they impose you. It's a "code of conduct" that YOU chose to abide by when enrolling in the school (unless they are morons, in the enrollment form there'll be a clause that you accept to abide by the rules)

Things would get interesting AFTER they get the test. Because according to EU Privacy laws, medical tests are one of the most protected bits of information you can have,  and I doubt they also have a privacy clause where you explicitely authorize them to maintain  records of medical character  of yours, and transmit them around (for example, from the office who manages the tests to the office who manages discipline)

But  - after all - even if they don't , what are you going to do? Sue them? You'll only get expelled from the school (I bet they have THAT well covered in their code).

So, I get you'll have to suck it up, if you want to get into that school


Title: [Nashville, TN] I'm 17. Me and my friends are going to organize a house party next week at my home. There would be beer, but no hard booze. What should I care so that we guys don't get into trouble with law enforcement.

Question:
Our parents are liberal, so they have no objection to it. We won't have any loud music which would cause nuisance, Also no illegal drugs.

What do you suggest we do so we wouldn't get surprise visit by local law enforcement ?

Answer:
 Not have a house party with a bunch of underage people drinking.Answer #2: This opens your parents up to severe civil liability (if one of your friends drove drunk afterwards, they can be sued under social host laws, because they served a minor).

There are also criminal penalties for [contributing to delinquency](https://sites.google.com/site/scadcoalitionwiki/main_page/tennessee-social-host-laws) of a minor and providing alcohol to an underage minor. The link lists the penalties for both.

Even without music, a large gathering of drunk teens playing MarioKart or whatever is likely to still be loud enough to annoy the neighbors enough to trigger a noise complaint. None of you have likely drank enough to know how to properly regulate your behavior while drinking, and it's entirely possible for things to spiral out of control without you meaning for it to.

If the (sober) parent is the only one to answer the door to talk to the police, they may be able to convince them you're just a loud bunch of sober teens. But it falls on their own head, as well as the minors, if anything goes wrong. Answer #3: > There would be beer, but no hard booze.

Not legally relevant. Alcohol is alcohol.

> Our parents are liberal

I'm liberal. I would never allow this. But if somehow I lost my brains and did, I'd up my insurance to several million and confiscate all car keys. Edit: spelling.Answer #4: If there is no call for the police (due to noise, etc.) then they aren't going to magically appear for no reason.

You are risking criminal charges, and your parents are undertaking a *massive* civil liability by allowing this.

Legal advice: no alcohol parties until you're of legal age.


Title: [TX] My aunt is pursuing a divorce (husband doesn't know yet), their 8y/o son wants to visit the dad, if he takes the son against his (and the mother's) will, is there anything that can legally be done about it since the divorce hasn't happened yet?

Question:
A little background, he has a record of felony drug charges and was kicked out after she found a bottle of urine in his lunch bag (she suspected he was using again and this just sealed it for her).  She isn't really worried about him taking the kids, but her family is.

If he just grabs the kid and bolts, is it technically kidnapping if custody hasn't been officially declared since the divorce hasn't happened yet?  Will his record be taken into account?  We're trying to talk her out of it because we aren't giving him the benefit of the doubt that she is, but her son really wants to see his dad.

Thanks.

Answer:
 > If he just grabs the kid and bolts, is it technically kidnapping

No. As the bio father who is still married to the mother, he has just as much right to the child as she does.Answer #2: Your aunt should talk to a divorce lawyer about getting a custody order in place as soon as possible. If she can adequately document the drug use and any unstable behavior she might be able to get one on an emergency basis.Answer #3: if he is a legal parent of the child, until a custody order is in place he is within his rights to take the children.


Title: Eh.. Got caught

Question: IN, USA, 26, So got pulled over. Had a roach in the car I didn't know about. Cop found it. K9 didn't find shit. Stripped the car down to nothing. Found nothing else. No jail. Released on the street to drive home. Prosecutor is pushing for 90 days in jail. Lawyer isn't hopeful it'll go over very easy. I know I broke the law. No denying that. Just curious what I could do to help myself in this situation or just any advice. Not trying to get off with nothing. It'd be nice but I know I broke the law here in this bullshit state.

Answer: Your lawyer is familiar with the details of this case, your prior criminal history (if any), and the individual prosecutor and judge. Talk to your lawyer and do what he/she says.


Title: [US] If someone is commiting a crime against me, and I verbally identify myself as a police officer in order to stop them, am I still guilty of impersonating an officer?

Question:
Say, hypothetically, I become aware of someone breaking into my home. Not knowing what else to do, I make the master of all bluffs and point a flashlight at them while yelling, "Police! Hands in the air!"

Suppose then that this ruse somehow actually works - perhaps because the suspect cannot see in the dark that I do not actually have a gun and currently am in my boxers - and the would-be burglar complies. A short phone call later, actual officers arrive and perform an actual arrest.

Am I in trouble for pretending to be them as a way of intimidating the burglar into not running away? Would impersonating an officer be excused, in whole or in part, on the basis that I was making a good faith attempt to protect my life and my property?

Answer: You would be better off saying you have a gun.  You would be better better off actually having a gun.


Title: [KY] Wife Fired after Workmans comp claim

Question:
Little bit of background.
She worked for the company a little over 2 years, during that time received 3 performance based raises for a little over $11k/year. Never had any documented performance or attendance issues.
About a month and a half ago, my then fiance fell down the stairs at work spraining her ankle. She went to urgent care and was out for that day and the following day.

The day she got back to work on a limited duty release (No stairs, no lifting etc., but a desk job so it shouldn't matter too much), she was ~~written up~~ spoken to and given a verbal final warning for poor performance. (No documentation of this was ever signed)

During the time that she was on limited duty, she was restricted to only the downstairs areas of the building as there was no elevator. The company owner began the petty BS here, he moved all social gatherings (Birthdays, end of week social times etc) to the second floor as opposed to the first floor they were normally on  in order to exclude her. Also during this time he came in to her temporary office on the first floor and stated that this incident was costing him a lot of money and he did not appreciate it.

We then got married and took a week for our honeymoon, when we got back, Monday morning she went to see her Dr and got a full release to work. She then went into work and was promptly let go within minutes of turning in the full release. The reasoning was "it is not working out".

Do we have a case for wrongful termination or retaliation?

Answer:
 Can they document the alleged poor performance?

She should file for unemployment immediately if she hasn't already done so.Answer #2: Was there a workmans comp claim? They have investigators that check on people and stuff (like sit outside your house and take pictures) and if you went and took a vacation before you were officially cleared it can come across as lying the entire time since you were well enough to say walk on sand or do various activities on vacation but claimed you couldn't use stairs or lift anythingAnswer #3: I'm not familiar with worker's compensation in Kentucky, but I would be shocked if the statute does not address retaliation for filing a claim. In Washington, discrimination for filing a claim is illegal, and the state investigates claims.

I would contact a local worker's compensation attorney.


Title: Assault charges against autistic individual

Question:
So I'm not sure if this is the right place to ask this question, but noone at work is helpful and i dont know where to go.

Heres the situation. I work for an organization that's a home for severely autistic individuals. I take care of them, take them out shopping and just generally help them through life.
Now there's one individual I primarily work with, who over the last month has had 6 violent episodes, involving myself and other co workers where we've been bit, scratched and thrown around. Now  after an incident like this we follow a procedure where the police and an ambulance are called to deal with him, since myself and my coworkers cant be hands on at all. Now every time hes had an episode hes been taking in an ambulance and treated as if nothing bad had happened, and then hes back at the house the same night, which is complete BS but legally we cant do anything about it since its his home.

Ok so heres my question. I care about this individual greatly, but I want him to understand that attacking myself and other care takers is not how you express yourself, since up until now whenever he attacks someone he gets exactly what he wants in life. Food, TV and to see his Mother at the hospital. So to my question.
I know I can press Assault Charges on him, but when the cops come to handle an episode can I press charges on him, have him arrested, and then drop the charges in a couple days? Would he stay in a jail cell during those days? I dont want this on his permanent record at all. This is PA, and the individual is 23 years old, but his mother is still his legal guardian.

Answer: You can't use the legal system to "teach him a lesson" unless you actually want him to suffer consequences.


Title: [UK] Insurance renewal - do I now have to tick the box saying I have had a 'special condition' imposed?

Question:
I have been a homeowner for 15 + years. In that time I have successfully shopped around for best buildings and contents insurance deals using comparison sites.

About 10 years ago we had to make a claim for some flood damage and the only other time was last November when an opportunist thief came into our house through an unlocked back door (while we were at home!), took a set of keys and stole our car. We claimed for new locks on our household insurer and the cost was £255. The car was a write off and insured with a different insurer.

The house insurers have written to me today to say that my policy is up for renewal but that they have added a Theft Restriction clause to our policy. I rang them about this and they said that this means any future claim would require signs of forced entry to be successful. They quoted me a renewal price which didn't seem particularly competitive so I am shopping around.

However, because I now have to tick the box which asks whether I have ever had a 'special condition imposed' on my policy, the number of insurers willing to quote is down to 3 (from 40+ last time) and the prices are astronomical. I took out this tick box (for the sake of comparison) but left in details of the last claim for £255 and I immediately get a great field of quotes to pick from.

Having to tick that box seems almost to have semi-criminalised me in the eyes of potential insurers. Do I have any recourse to dispute this or is that it? The fact that the key question asks if I have ever had a special condition imposed suggests that the rest of my life will be blighted by a claim for £255 (a good chunk of which we paid through our excess!)

Answer: IANAL. Did you actually renew the policy after they put the restriction in the renewal? If not, perhaps you wouldn't have to tick that box because you never actually had a restriction on the policy. I'd check with an actual local solicitor to be sure.


Title: [CA] Bought a MacBook from FB marketplace, it broke a week later.

Question:
Yes, I know buying it off of FB marketplace was a bad idea, but my cousins did it successfully and I naively followed in their footsteps.

As in the title, I got sold a failing MacBook. I went to wipe the hard drive since he didn't give it to me factory reset, so I didn't want to take any risks for my privacy. Turns out the SSD failed and was going to do so eventually according to the Apple genius bar person. So I tried to contact this dude for a refund last night and I think he blocked me on Facebook, since my messages aren't sending.

I bought the MacBook for school (I'm a broke college kid and thought the prices were good), and this was being sold cheaply and was advertised as perfectly functional, and the bank teller was there when I made the transaction to the dude. The MacBook, when I got the diagnostic, also has his number and name listed as the owner of it (though I don't have this information on hand, I saw it when I was getting diagnostic test done on the MacBook) I have screen shots of me buying it off of him as well.

I know it's a long shot, but I'm out $600, and want to do absolutely anything to get some money back. What can I do from here?
Topic:
Consumer Law

Answer: You can try suing them but you will most likely lose, you bough a used product if it broke a week later that's not the seller's problem.Answer #2: If the guy wont voluntarily give you a refund you don't have a lot of options.  Sales like this are as is.  Unless you have evidence that the seller intentionally misrepresented the condition of the computer you're not going to get anywhere in court.


Title: Issue with 3rd Party Verification Company

Question:
Hi,

I had sold a pair of shoes on a 3rd party website (StockX). (Have done 43 sales, amounting to over $15k). It was near the value of $4.2k. The company denies me shipping the shoes. I have picture of drop off receipt, and UPS claim form that it is infact lost. The claim form will pay StockX directly by check the value they claim.

&#x200B;

However, StockX has suspended my account and have said I 'never shipped out the shoe to StockX.'

&#x200B;

Any advise? UPS won't pay me because the prepaid label has both StockX shipping and receiving address, So legally they are now the actual sender. So they will get a check to their address.

&#x200B;

Thanks.

Answer:
 /yawn

this user already got exposed as a fraud on /r/sneakers

claims he's never used reddit in his life, yet posts on all the relevant sneaker sub-reddits within 30 seconds of making his account
no picture proof or video proof that he had the shoes
throwaway account of a deleted user from few days ago /u/youngjohn32
already banned and deleted from /r/sneakers https://www.reddit.com/r/Sneakers/comments/9yn9ax/how_stockx_stole_my_money/


Title: [California] Found New, Secret Mortgage During Divorce Discovery.

Question:
Between the time I moved out of her home (inherited before the marriage and fully paid off) and the time I finally filed and got her served (longer than I expected, we tried to reconcile) it looks like my STBX got a mortgage on her house, I only found out about it during discovery and have signed no papers for a mortgage.  She is claiming it as co-debt.  My lawyer is looking into it, but has anyone had this happen to them?

My question is:

* Is it really co-debt? (probably)
* If I am co-owner of this debt, does she need to buy me out of my portion as part of the divorce?
* Could I be stuck with part of this debt even though I have no part of what was bought with it?
* Could I have been dumb enough to have trusted her? (Yes, obviously!)
* Why is mortgage spelled that way but pronounced "more-gage"?

I have a lawyer, but asking questions usually ends up costing me $50 and they're already looking into the circumstances of the mortgage, I just need a clue of possiblities.

Answer:
>Why is mortgage spelled that way but pronounced "more-gage"?

Blame the French.


Title: Employer installed spyware on employee's personal items

Question: My partner just discovered that her employer installed spyware on her personal phone and her business laptop without her knowledge through her employer's own admission. It is a small business with no HR. Is this illegal? I'm assuming the business laptop is legal, I was wondering specifically about the personal cell phone. Thanks!

Answer:
 OK. Let's start by getting our terminology straight. Spyware implies that they installed something to monitor her personal dealings without her knowing. I suspect this isn't the case since the told her they installed it.

Instead, I suspect they installed mobile-device-managment (MDM) software, which is fairly standard for many companies to install on devices that access company information. Generally speaking, they help ensure that the device has the latest patches and provide the ability to remove all of the company's data from the device in the case where it is lost.

You didn't name the software, but I suspect it is something like VMWare's airwatch product. In that case, the product isn't designed to capture personal data, but just to enforce policy. But in that case, she would have had to either install it herself, or unlock her phone and allow someone else to install it, so she would have given consent.

If she has an app installed called "Hub" or accesses email with an app called "Boxer" it is likely just Airwatch.


Title: Help: brother was rear ended, lost the case and now has a large debt owed for medical expenses

Question: [deleted]

Answer: Where is his insurance in all of this?Answer #2: Negotiate with the doctor/hospital to reduce the amount owed to something manageable.  Failing that, bankruptcy is the main option.


Title: Can i take an item from the trash at the store i work in?

Question: Hello, this is really important. While taking out empty boxes today at work to the trash, i noticed that a bunch of items were thrown away because they didnt sell. It was a rather small box with some phone cases, protective glass covers for cellphones, and an item that caught my eye instantly. It was an armband for your cellphone that locked it in place to help you carry it while you run. As i run everyday, this is really good. It costs 24.99 euros and i cant afford it. Im only an intern there for a month every year cause of school, and i was there a month last year. Where it is located, there are no security cameras so im planning take it out of its box, either wear ir all day beneath my clothes or put it inside my Tupperware that i bring inside a sack that's inside my back pack. While passing security, She only checks our bags (its not even her that searches, we are the ones that open it and show it to her) and it shouldn't beep while i leave the store cause its out of the box and its made of lether and plastic right? The items are going to be destroyed and trashed, is it that bad to take just one? Could i get into serious trouble it i get caught? Could i get fired even?

Answer:
 Ask your manager if they can sell it to you for one penny or something. That's what I'd do when I was store manager. Paper trail and all that.

When I was a retail manager, catching an employee fishing damages or write-offs out of the trash was an insta-firing (and possibly beyond). It's infuriating but every single place I worked did this.

Employees regularly damage or straight up throw out perfectly good product to later fish it out, it's a common form of shrink. To prevent it they just say "No dumpster diving" Answer #2: If it's in the trash, then they obviously don't want it anymore. HOWEVER, I would definitely ask your manager/supervisor if you can take it. Better to do that than try to sneak it out of the store and get in trouble. Worst case, they say no and you have to fish it out when it hits the dumpster.


Title: Are prenups worth it? What should be included?

Question:
Seattle, Washington here.

I think that all marriages should include a prenuptial agreement. I've read they're amazing and then I've read they were torn apart in court.

How to I make sure my prenup is iron clad?

Answer: You and your partner find separate, experienced domestic relations attorneys in your area and then negotiate everything.Answer #2: You can start by including your state, as each state has its own requirements for a valid premarital agreement.


Title: My dad in [North Carolina] is withholding my mail [Guam]

Question:
I'm active duty military on Guam. My father lives in North Carolina, which is also my home of record. He is withholding my mail and refusing to give it to my brother for him to send to me. What can I do?
Topic:
Douche

Answer:
 Why is he doing this?

For starters, have your mail forwarded immediately.  You can file a change-of-address form with the USPS from anywhere.


Title: [NC] Ex wife leaving daughter

Question:
I have been divorced for about a year now, and separated for two. We have a custody arrangement for our daughter that says I get her for one week each month (Saturday until the following Sunday.) I wanted more time with my daughter, but that was the arrangement we came to. Also, my ex lives out of state.

So I just found out that she may be leaving the country for 8-12 weeks (may be more, may be less) at the beginning of next year and is planning on leaving our daughter with her boyfriend. I am extremely concerned with this, and would rather our daughter be left with me for the duration. It was recommended to me by a friend to seek out child protective services to expedite the process around the court system, but I don't know what that entails.

My questions are, would CPS be a good way to go? And what other legal actions can I take besides just not taking our daughter back after I have her (which I think would be illegal)? I don't want to break any laws or run afoul with the court system or police, but I don't know what I can do.

Thanks

Answer:
 Child Protective Services is not a program to mediate between parents. It's for reporting abuse that is currently happening to children. You thinking that your daughter would be better off with you than with her mother's boyfriend is not abuse.

Calling CPS would be wasting everyone's time and quite possibly causing legal trouble that is undeserved. Reread your court order and see if you have a right of refusal. If you do not I would suggest contacting your lawyer and seeing what your legal, actually productive options are.

Also? Ditch the friend. Someone who would whimsically tell you to file false CPS reports is not someone you want in your life.


Title: Car dealership says they made a mistake on my warranty

Question: I bought a used car about a month ago and they were supposed to give me a free 1 month/3000 mile warranty with the purchase. The contract stated 3 year/36000 miles... They called saying they just noticed a mistake and want me to go in and sign a new contract to limit the contract to what they intended. Do I have to do this? Or is the contract enforceable? I'm in Hawaii if that helps.

Answer: Don't do it. It is their mistake and they own it.


Title: Kicked out at 18

Question: Hey, someone I know just turned 18 this this year and their stepfather is wanting to kick them out of the house a month after they graduate, the stepfather owns the house and they live in Tampa, Florida. Their home address is set to their current place of living and their stepfather is telling them that he wants to see them go out on august 1st homeless. Is there anything he or someone can do to prevent this? They have a driver's license that shows that their home address is where they currently live.

Answer:
 That is more than adequate notice. Your friend needs to find a  new place to live.Answer #2: >Is there anything he or someone can do to prevent this?

Not really.

As long as step dad follows the legal eviction process (which he sounds like he already started by giving your friend a month notice - *edit* which appears to be more than the minimum required), then your friend either needs to move out or face the eviction that stepdad will have to file (which could effect any rental applications he has in the future because having an eviction is a bad mark on those).


Title: Protective Order and Property Rights?

Question: Hello! I live in Maryland. I have been married for 5 1/2 years, and have a 9 month old and a not quite 3 1/2 year old. Recently, my husband assaulted me, and punched me in the face. Like, a serious punch. He fractured my nose in 2 places and I am looking at 6 root canals as a best case scenario (my top 6 front teeth are abscessed but also a bit loose, so worst case are surgical implants to support the crowns). I have filed a protective order. He is not a bad father and has never done serious physical damage to me before, or anything that would cause me to believe he would harm either of our children, so we agreed to joint custody with him having some evening and weekend visits. Here is where it gets complicated: So that I  can feel safe in our home and because of the protective order, he is staying at his parents house for the time being. His parent's house is not an appropriate environment for young children, which is something we have both agreed on for some time. There is no room in our budget for him to purchase an additional apartment or home. So, I vacate our home and stay at my parents house so that he can have our children in our home during his weekend and evening visits. He has a fish tank in our home that has been a point of disagreement between us for some time. It is extremely heavy and not anchored to the wall, and the stand is not particularly sturdy. He has explained to me that the weight of the tank prevents it from being properly anchored. It is blocked off by a freestanding baby gate, but my daughter is now big enough to pull the gate out from the wall and get behind it. I am terrified of her trying to climb up to see into the tank and knocking it over onto herself. It would completely crush a small child. My husband agreed to remove the tank from our home via text message multiple times in the past few weeks. I gave him time to do so, and he agreed again to remove it this past weekend. Now he is refusing. He is stating that he can bolt the baby gate into our wall to make it safe. He has done nothing yet to make it anchored or safe in any way. I don't believe that he will actually get it done, and I am also planning to divorce him, and since neither of us have the funds to buy the other person out of our home (we thankfully have a good amount of equity), we will be selling it. I don't want the walls damaged. Am I within my rights to sell the fish tank and it's contents, and deposit the funds from the sale into our joint bank account? What would stop him from selling other household items during his weekend visits in retaliation? I'm not sure what my options are. He clearly thinks I'm being vindictive in regards to the fish tank, but it's just a safety hazard. It always has been, and having caught my daughter pulling the gate out and going behind it more than once recently has me more concerned than ever. Any advice is greatly appreciated. Thanks in advance!

Answer: What is the value of the fish in the tank? How would you sell the tank without killing the fish? Also, it's probably a bad idea to allow your husband in your home when there's a protection order. You're both violating it. Also, of course this dangerous man could hurt your kids. Don't be foolish.


Title: My mother’s social security number was stolen and we now have to pay a debt we are unaware of.

Question:
As the title says, my mothers social security number was presumably stolen and we got a letter from the Oregon Department of Revenue (We live in Oregon) saying that we owe $1,018.48 dollars to the Construction Contractors Board Agency. For context we don’t do anything with construction or contractors and we received the letter on the 23rd. The letter also says the debt must be payed by the 31st. I know absolutely nothing about how this stuff works and was hoping for some help on what steps we should be taking to sort this out. I’d be happy to answer as many questions as I can as well. Thank you.
Topic:
Contracts

Answer: Call the non emergency police number and file an identity theft report.  In writing respond back to the Board that her identity was stolen and reference the report #.Answer #2: At the very minimum you need to contact them and inform them this is a fraudulent debt. If you didn't incur the debt you shouldn't pay a penny. It will be a headache and hassle to deal with and may take some time but don't pay anything.


Title: Molested and police aren't doing anything. Help.

Question: [deleted]

Answer: You cannot make the police do anything. You can call CPS about concerns for the 9yr old. You can file for a restraining order. And should stop going to your parents home


Title: Brother hit by a car today.

Question: My brother was legally walking through a cross walk when he was struck by a car that was turning left. It was one of those lights where people can drive straight or wait for when it's clear to turn left. This happened two hours ago, he's in the hospital now. We have all the drivers information, my brother has no health insurance and he works as a restaurant server who needs to walk to preform his job functions. Is it vital that I get a hold of a lawyer immediately? Can it wait until Monday? What kind of lawyer should I look for? We're in phoenix Arizona BTW.

Answer:
 I do think that often people think they need a lawyer when in fact, if the facts are clear, the insurance company for the driver will actually compensate him for his injuries without any problems at all. Your brother can expect to get his medical bills paid plus payment for his lost wages.

In the event you decide to get a lawyer, expect 30% at least of the settlement to go to the lawyer. If you decide to go the lawyer route, you are looking for a personal injury attorney.

Also, if you decide not to get a lawyer do not sign off on a final agreement with the insurance company before you are absolutely certain that all his health issues relating to this accident are resolved.

What I want to warn you about is: sometimes people think of this sort of accident leaves them in a position to get some kind of massive payoff (often for the "pain and suffering" aspect). I'm not saying you wouldn't get something but it's often minimal.

I hope he isn't too seriously injured.Answer #2: It is not vital for you to talk to a lawyer today.  Your brother needs to get treatment and that should be the focus.  Call the insurance company and open a claim.


Title: Power Company Cutting Down my 75 year old tree [Colorado]

Question: [deleted]

Answer: Generally the power company easement means yes, they get to cut back pretty savagely.  However, in my area the power company covers the costs--are they saying it won't for yours?


Title: Just received a letter from a lawyer threatening to sue about an image that I posted on my blog. What should I do?

Question:
Hi,
So from what I understood, I should supply them with all the information requested and then they will make me pay x amount?

I have already complied with one of their requests which was to desist on using the images (2) so I removed them from the post.
My blog does not even get 5 unique visitors daily.

Here is a copy of the letter with personal information removed.

Answer:
 There's a lot of bluster there.  You've taken down the image.  There's very little chance that they'll go after you for anything else, considering your situation.  They send the same letter to people who DO have money.

Were it me, I would write back to say something like "I believe that my use of the works was a fair use under applicable law.  But, in the interest of avoiding a prolonged dispute between us, I have removed the images.  The use was limited to my personal blog, which received, perhaps, 5 visits per day.  I trust that you will find this issue closed."

It's true that they could push the claim, but there's not a huge chance that they would.

That said, you may go onto Pacer to see how many lawsuits these people do eventually file.  Ignore the one against Wiley -- that's going after a much bigger fish than you are.


Title: Health insurance issue with my employer

Question:
My situation is a bit long but here's all the details I have:

I started a new job here in Denver, Colorado in October, 2017. I was informed by the interim HR representative that I would have to wait until 60 days after the start of the next calendar month to be eligible for any benefits, including health insurance. So on January 1st, I would be able to enroll in a company health insurance plan.

I go back to the HR office in January, and it's a new HR representative who informed me that this was her last week of employment with my company. She told me that actually I 60 days  to apply for insurance after starting employment, and since that had passed, I could no longer apply. I missed the enrollment period because I was misinformed.

I come back a week later, there is no HR rep, but our Operations Director is filling in. I inform her of the situation, she reviews everything, and shows me a document I signed where I stated that I had received and read the employee handbook, and she informed me that this policy of having to apply within 60 days was in there. I'm SOL.

Since then, I have amassed several thousand dollars of medical debt from various emergencies.

I go and read the handbook for myself today, and turns out she is wrong. The handbook does say that I have to wait 60 days for insurance eligibility, and then I have a 30 day window to apply.

So they misinformed me about health insurance enrollment, and I've ensued an enormous amount of stress, pain, and debt because of it.

What should I do?

Answer: Have you showed them the part of the employee handbook that backs up your statements?


Title: Fired wedding coordinator

Question:
We've fired our wedding coordinator for failure to fulfill basic obligations. She keeps saying she'll return our deposit, but then conjures up a new excuse. The Yelp page for her business is littered with negative reviews similar to our story.

She works at a school with children and we have legitimate concerns that she's unfit to do so. Are there any legal repurcussions for us if we contact her employer (the school) to express our concerns?

Answer:
 Do not contact her employer. You have no frame of reference regarding her ability to do her job. You are putting yourself in a terrible position by contacting her employer.

That is not how adults handle conflicts. Sue her in small claims for your deposit.


Title: My boss was repeatedly violating the law regarding lunch breaks. After I started complaining I was fired for ‘violating company policies’ for something that happened nearly a month prior. Boss still working there despite telling upper management. Do I have any rights or protection here?

Question:
To try and sum up what happened and give an outline...

Beginning of November I exchanged a product that I had purchased two days prior for something else in our store. I did not have the product that I was returning with me but decided I would bring it in on my next shift. Upon doing so I was told by the manager that they had done inventory the day prior and noticed the missing product and said they were looking at it as an attempt by me to steal the product. The manager said he knew that I did the exchange but wasn’t fully aware that I planned to bring the exchanged product back in later. This is an act we let our customers do all the time so I didn’t see a problem with it at the time. I also had only been working for the company for roughly 2 months and wasn’t aware of the rule.

Despite all of that, he told me they were going to need to tell HR and let them handle the situation. I provided a long written statement outlining the situation and was then told a day later my district manager would be reaching out to me to discuss things further.

The next day I didn’t get a call, so I asked if I should call him. My manager said no he might have been busy so he’ll get to me tomorrow. Another day, no call. This goes on for a week and eventually I stop asking and figure my statement was enough and they understood it was an honest mistake and was letting it go...

Fast forward a couple weeks and now that I’ve been an employee for a while I start noticing my boss is violating multiple lunch and break laws. Multiple employees, including myself were going well beyond the time one was supposed to work before being given a break. In fact there are multiple days and instances where we were given no breaks at all despite working 8+ hours. So I start complaining about it to my co-workers and texting my girlfriend about it.

Fast forward another week and I find out I’m moving to a different state (family matters) and ask to transfer stores. I have multiple interviews with managers at the new locations I am wanting to transfer to.

I share this info with my then boss and they then proceed to fire me the next day and say it was because of the event that happened nearly a month ago.

After being fired I reached out to some people above my boss and explained the situation and that I feel I might have been terminated in retaliation to my complaining about lunches and breaks. I tell them they can check any employees time card in that store and they will see multiple violations over and over again.

It has been almost a month since I was let go and shared that info with the higher management and I found out my old boss still has a job there despite breaking the law.

The way I’m looking at it is, I was supposedly let go for violating a company policy. But yet, my manager not only violates company policy, he also violates the law and doesn’t get let go. And it all coincidentally happened after I began complaining about it and told them I wished to transfer stores.

Are there any laws or rights I have that would allow me to get my job back or at least be listed as re-hireable in their systems? It seems like that should be an option at least, or at minimum fire the manager that was breaking the law?

Answer:
 First and foremost, you didn't post your location, and some states don't require breaks.

Secondly, how is "taking an item" and "deciding I would bring the replacement on my next shift" not theft?


Title: Employer is adjusting minute amounts of time on union employees time card to reduce incremental overtime and inserting lunches when they don’t take one— I need help!!

Question:
I’m actually a payroll person and the past 3 pay periods I’ve noticed that things I’ve approved have suddenly become unapproved.

Upon looking at the audit record, I noticed that my boss had changed people’s time card punches to reduce any incremental overtime they might have incurred. I.e I worked 8.09 hours but he’s reduced it to just 8 hours. He did this on multiple employees. He has also inserted punches for employees lunch even if they say they never took a lunch. He wants to avoid being on the bad boy lists.

The problem is that the employees don’t keep their timecards and don’t pay attention. But it feels so ethically wrong to me and I was worried I would be held accountable. I am not union. But I told the union what was going on because I don’t want peoples checks to be shorted even if it’s just a little bit. Now the union wants to quietly investigate and wants names...but technically I’m confidential and cannot give any names or timesheets. I really just shot myself in the foot and I’m damned if I do, damned if I don’t and will more than likely lose my job for speaking up. I’m just having panic attacks over this whole situation. What do I do??

Tl;dr— boss is changing small amounts on people’s timecards to reduce their OT. I am non union but told the union about it because it feels very wrong. Now They want proof but I’m confidential and can’t give it unless the employees request. Employees haven’t paid attention and apparently I’ve shot myself in the foot for small amounts of pay.

Answer: Tell union you can't disclose, and reccomendto them that all employees begin tracking hours, those who see a discrepancy can then go to them and they can make a claim that way. Report to the department of labor for your state if it has one. This is wage theft regardless. If its being done in a software program double check to see if it logs who make edits and document it as best you can to cover your ass.


Title: Broke bank of america ATM

Question:
Hi,

My wife deposited between 4200 and 7200 usd , can't remember for sure the exact amount , well since my wife is from China, she didn't read up the limit on the total number of bills to put inside atm.

At first ATM took the money and only credited $300 and showed error message on display, after informing the staff inside the bank we were given phone number and told to file a claim which we did. After several days of investigation, they only credited $2990 usd, so my wife feels they corrupt between $800+ at least.

First time ran into this issue and I assume i should hire a lawyer regarding this bs.

Answer: If your wife does not remember within $3000+/- how much she deposited then you are going to have a hard time with a lawsuit.Answer #2: Well you will have to prove what you put in first. Can you do that?Answer #3: ask about surveillance cameras. if she was sorting or stacking the money at the machine before putting it in, they may be able to get some kind of count from the video. might not, depending on resolution and angle and what she did, but it's worth asking. They do audit the atms when the cash is reloaded, but they can't just assume all of the variance is yours.Answer #4: This is the dumbest thing I read today.


Title: Can my friend sue?

Question: [deleted]

Answer:
 Really, your friend wants to sue? His son is an adult, it's time to stop being a helicopter parent and let the son work things out for himself. It'll just make things far worse if daddy is still fighting his battles for him.Answer #2: Your friend would literally like to sue for hurt feelings.

No, you cannot successfully sue for hurt feelings.


Title: [MA] Bought my first home, was pushed to NOT get a title 5 inspection by my inspector, attorney, realtor, and lender. I think it has failed, what do I do if my specific has failed but I already own the home?

Question: As stated above, bought my first home less than 6 months ago, there have been problems with the oil tank here and there but nothing too bad. Well, our toilets haven't been flushing that well and backing up, as well as our kitchen sink. I am about to get the tanks cleaned and flushed but my brother who is a plumber said he can foresee already it being a faulty septic. Did I screw myself over listening to my team? They ALL work together very closely with other real estate closings; that's why I chose them. (maybe bad idea on my part I thought it would work out) the previous home owner said their title 5 inspection passed so I was told by each of my team members to not pay for another inspection; something my brother has scorned me about since. So if it doesn't pass and I didn't get it inspected before closing, am I in the hole for $20k? If so is there anything I can do? I feel so helpless if my brother is correct on this.

Answer: You should have gotten one done, they probably aren't liable unless you can show they knew about the issue and pushed against it anyway , yes you'll be out a bunch of money to fix this mess Answer #2: If a realtor pushes against an inspection then they are violating the realtor code of ethics.  contact the board.  Answer #3: In Arizona, lenders won't fund a mortgage without a septic certification inspection.... did you buy outright?  If financed, the lenders didn't require such an inspection?


Title: Divorce advice for my mom

Question: So my dad left in the middle of the night without saying a word, has had very little contact with her since. It's been over a year. My mom has been trying to get a divorce and be civil about it but he wont cooperate. Now she wants to get a lawyer and get it over with but she doesnt want to lose the house since she still has 2 kids living with her (one of which with a disability) and 2 grandkids. What are he odds of winning the suit? she just wants to keep the house. Is there some sort of abandonment she can use? Any advice would be appreciated.

Answer:
 She should make an appointment for a consultation with a lawyer and ask the lawyer these questions. (She could also consider having such consultations with a few different lawyers so she could compare them and hire the one she likes best.)

There aren't enough details here for anyone to give really any kind of assessment of your mother's specific situation. In general, divorce courts make an effort to fairly divide assets, and it's unlikely that a fair division would end with a man who abandoned his wife and family being granted full ownership of the family's former home while his ex-wife is tossed on the street with nothing along with one disabled child, a second non-disabled child, and two grandchildren. Your mother should get a lawyer who will fight for her fair share of marital assets.


Title: My boss is hostile, controlling and is trying to prevent me from finding a new job. (x-post from /r/jobs)

Question:
[deleted]
Topic:
Douche

Answer: Many companies are understanding if your current employer cannot be contacted for a good reference. You should speak to a lawyer about the non compete, but generally you have to receive compensation beyond continued employment for it to be valid.


Title: [WA] Employer switched my visa over to TN, but did not notify payroll. Employer hasn't been taking out any federal taxes for nearly a year and now I'm stuck paying a lump sum of taxes.

Question:
Obviously I have to pay my taxes, but is there any recourse I can take?  Employer won't at minimum pay late fees and each department (payroll and team that handles visas) blames the other.  They had the audacity to thank me for my 'contribution' to making their process more seamless, however.

I'm a foreign citizen and had no idea which taxes I was supposed to be paying - the transition team was apparently supposed to either do it for me or notify me of what to do.  Neither of which happened.  The visa which I was on before was already set straight (tax wise) and lasted for, I think, another 6 months when my company decided to switch me over.

[Does any of this apply to me?](http://smallbusiness.findlaw.com/business-taxes/penalties-for-violating-federal-employment-tax-rules.html)

I'm just not in much of a position to shell out thousands of dollars.  :/

I will be meeting with an attorney.  I just wanted some input or thoughts beforehand. Maybe some good questions to ask.

Answer:
 > I'm a foreign citizen and had no idea which taxes I was supposed to be paying

Well you should. It's the responsibility of every worker in the US to know what taxes they should be paying.

Penalties that an employer may face do not include paying your late fees.

I wouldn't get your hopes up that an attorney will be able to do anything for you other than get you fired if you complain too loudly or threaten a lawsuit.


Title: UPDATE: Can I (legally) be fired for refusing to date a customer after my boss orders me to? (Wyoming)

Question:
Original post [here](https://www.reddit.com/r/legaladvice/comments/3nxh8l/can_i_legally_be_fired_for_refusing_to_date_a/)

So I didn't show up for the date. I work in a store that sells watches and other high end jewellery, so this wasn't a business lunch type of situation. Also I am 23 and the customer is 46. The date was supposed to be at his house, just the two of us. The customer actually came to my place when I didn't show up because my boss gave him my address. I didn't open the door but he wouldn't leave even though I asked him to 3 times and I had to call the police. They came and told him to leave but the next day I got flowers and a not from him asking for a second chance at a date. He also phoned me more than once. I had to go to court and get a restraining order, he was really surprised it got granted but the judge was not happy with him. The police were on my side and one of them thinks he (the customer) thought his money would get him out of it. Luckily he has stopped, left me alone and not contacted me since the order came down.

My boss did fire me. He also said I was fired for misconduct so I can't get unemployment. I am talking with a lawyer and can't say more at this time. Just wanted to give everyone an update because people were so supportive. Note that I am not looking to sue and get lots of money (like people thought in the my original post), I just want to be able to collect unemployment and to show my boss that he can't treat people like this in the name of profit.

Answer:
 >  The customer actually came to my place when I didn't show up because my boss gave him my address. I didn't open the door but he wouldn't leave even though I asked him to 3 times and I had to call the police.

What a moron.


Title: Girlfriend raped. Lawyers, and everyone else please help me

Question:
Hello all,

Saturday night, my girlfriend was taken to someone's apartment and raped. She's had a rape kit done, but what other steps should we take in the coming days in the case she wants to pursue legal action? Is there anything we can do to increase the chance of conviction? Any advice would be appreciated.

If anyone has any general advice on how to handle this as a boyfriend it'd be really appreciated as well. You guys are life savers.

If more info is needed for advice let me know and I'll see what I can do.

Thank you

Answer: Counseling for both of you. If she’s not comfortable with intimacy don’t be surprised. And just be there. If she wants to talk about it she’ll talk just don’t pressure her. And watch her for cues if you move too fast or touch her a certain way it may be a trigger and she may not want to say anything. Read up on rape trauma syndrome and ptsd just in case. She may want more company to go out, run errands. It’s hard to feel safe after being attacked.


Title: Possible trickery/coercion into accepting settlement I didnt sign? Bad guy CANNOT win.

Question: [deleted]

Answer:
 Your story is extremely unclear. I have no idea what you meant by your narrative, other than we're missing a big part of the story.

So, some guy tried to steal your IP, blackmailed you, slandered you, and your lawyer didn't do a good job?


Title: Neighbor says I'm responsible for $150 in melted chocolate bars

Question:
A neighbor and I have helped each other out with receiving deliveries from time to time.  If she is buying a gift for her kids that she doesn't want shipped to her house, she'll ship it to mine, and I do the same.

The other day, she said she was expecting an important delivery, and that it couldn't be left out on her doorstep, because it had perishable items inside.  She knew I would be home during the day and asked if I would get the package when it was delivered and bring it indoors.  I agreed, and she said she would text me when she got the delivery notification.

She did text me -- but I had an urgent matter happening at home at that moment, so I wasn't able to get to her doorstep until an hour later.  I brought the package inside, and when she picked up the package it was clear that the items inside had melted.  This woman ordered 50 fancy custom chocolate bars for an event and had them shipped in an unrefrigerated container in 90-degree heat!

She left me a voicemail the next day, demanding to be reimbursed for the melted chocolate bars.

$150 might not be a big amount for some people, but it is for me.  I accept _partial_ responsibility, because I told her I'd bring the package indoors and I was delayed in doing so.  But who has chocolate shipped in 90-degree weather in an unrefrigerated box?  For all I know the chocolate could have melted while it was still in the delivery truck.

Is she partially at fault too, or do I need to pay the full $150?

Answer: You dont owe her anything. Politely tell her to pound sandAnswer #2: Meh they were probably already melted when delivered anyway UPS truck with the door open gets hot too.


Title: [US] What's the least amount of pixels you could copyright?

Question:
When does an arrangement of pixels become a unique work of art?

Is there precedent?

Thanks in advance!

Answer:
 Zero.

There’s no formal requirement that a copyrightable work exist in a digital or quantized form. You can enforce copyrights to a painting, a film photograph, an analogue recording such as a record, or a work of text.


Title: Oregon. Rent cashed, but they gave us a 72 hour notice of termination.

Question:
Hello everyone ,

We paid our rent on 11/04/17 with money orders from Western Union that were directly made out to the apts management company. This Friday the 10th they gave us a letter of 72 notice of Termination. Luckily we kept the receipts, and took photos of the originals. Today I called the customer service line, and found out that the money orders have been cash. They were cashed the very same day the office gave us our notice. I assume they have not been stolen, because it was made out to their company in a sealed envelope with our information.

I plan on getting documentation for Western Union on the transaction, and it tracting information (like where it was cashed, and to whom). Irregardless could our office claim we never paid on time since they cashed it late? But if that's the case why would they cash it without the late fee added on?

Honestly I'm just livid with them. We tried to go speak to them today but they were on a 2 hour lunch break, and closed the office immediately when they got back (we repeatedly went there). The apartments as is are in a decrepitude. The railing on our stairs aren't attached. All our neighbors smoke on the property. The office refuses to clean our property.

To top it all off the continuously use our old roommates names on legal documents even though they signed off of the lease, and won't use my name. I talk to them about it this spring, and they claimed even though I had signed over year ago I need to prove I had renter insurance before they'd put me on... So I got renters insurance brought to them, bur they still are addressing the wrong people in our letters. I thought about contacting our old roommates to let them know they never removed them from our lease, but didn't want them to worry about this bullshit. Should I talk to them? Their overseas.

Should I just go to corporate on Monday with all our documentation, and file a complaint? Should I email both them, and corporate? Should I take photos of our apt complex to show corporate? Should I just get a lawyer?

Portland, Oregon

Answer:
 First of all, I would never, ever pay rent with a money order again. Western union is scam central. It may be hard to prove who the money ended up with. In the future, sending rent or communication via certified mail forces them to sign a receipt verify they received the mail and when.

Secondly, if they keep claiming that you aren't on the lease, I would put that claim to the test, especially if you want to move out.

With the office never being open, the shitty apartments, and the money order, this sounds incredibly scummy and you should probably get out as soon as you can.


Title: Sole legal custody; Gov refusing to grant child passport

Question:
My fiancé was awarded sole physical and legal custody of his son. Mother has minimal supervised visitation.

When we were in court, we expressed our desire to get a passport for his son. Unaware of the requirements, our lawyer asked for a stipulation to be added that the mother sign any legal documents necessary to get the passport issued - should we need it.

When we looked it up later, the requirement is just for the parent to have sole legal custody. So we made an appointment, submitted all necessary paperwork & were told all is well.

But we are now being refused approval of the passport because they say that the custody order requires the mother to provide paperwork.

We have talked to at least 7 different people who say they will “reprocess” it after we explain the situation. Then this morning we got a final ruling that it will not be approved.

We ask to speak to supervisors and are told that’s not possible. They are requiring the mother sign a form and provide photo identification. But she has no identification, and she’s extremely difficult to deal with (hence the court ruling).

Do we have any options here?

Answer: It doesn't matter if the mother is as stubborn as a mule, there is an order from the courts she must comply with.  The courts have means to motivate non compliance of court orders.


Title: Got a DUI and haven't done anything?

Question:
So 6 months ago I was pulled over the morning after I had been drinking and was given a wet and reckless. The way the cop explained everything I thought that was that (yes I know I'm an idiot). I told the officer I was moving soon but didn't have a new place yet so I didn't have anywhere for them to send the paperwork. He said it would arrive on time and it didn't. I was also told I had 10 days to appeal the wet and reckless otherwise I would just get it. I was under 21 and blew a .079 and he let me off so I figured appealing it would be a waste of time.

I was not proactive and never called to give my new address. I am terrible at dealing with problems in my life (like tickets or medical issues) and ignored it. I knew my license was suspended for a year but I just tried to change my insurance because it went up so much and I found out I actually got a DUI.

I have no clue what to do or even where to begin. I'm a poor college student and will probably need to dropout now. Basically how screwed am I and what steps do I take to correct this monumental fuck up?

TLDR: Got a DUI 6 months ago and have literally done nothing about it because I didn't know I got it. What do I do? I'm in CA if that matters
Topic:
DUI

Answer:
 You need a lawyer.  At this point you have to have one.  I know you said you are broke, so you may need to go to r/personalfinance and figure out how to budget so you can decrease expenses while increasing revenue.

Check your college's legal clinic (if applicable).  They may be able to help you.

Other than that, beg and borrow for any money.  Find a lawyer who can work a payment plan.  Get a 2nd, 3rd, 4th job.


Title: [NY] Kids broke into my camper and caused damage, what do?

Question:
Some kids broke into my camper and caused what might be extensive damage. Broke windows, rain got in. Discharged fire extinguisher all over instrument panel, clothes/bed/everything.

The two "yoots" who dunnit are known, I have only been able to contact one family. I spoke to the boy's (A) mother, and she talked to A, he admitted that he discharged the fire extinguisher and that the other boy (B) broke the window.

Since I have a recorded confession and the mother said they would fix what they caused, I am curious if I need to go to the police. I don't want to cause any waves in the community for the two families.

I still have to contact B's family because they are responsible for the windows.

Do I need a police report if I have a confession?

Would the vandal's family homeowner's insurance policy cover something like this?

Answer:
 > The two "yoots" who dunnit are known

Immediate props for knowing to drop a My Cousin Vinny reference in LA.

You don't need a police report. It's also not a terrible idea.

If it were me I'd get an estimate for the damages, give that to mom, AND file the police report. Because regardless of the criminal implications you're entitled to be made whole.

It's nice of you to want to not make waves. It also means you're allowing significant criminal vandalism and B&E to go unpunished. Answer #2: Personally I would go without the police report, because they agreed to pay. You would only need a police report if you were going to court or if you wanted them prosecuted, so as long as both families continue to be cooperative the police are not needed (besides calling the police may anger the families and make them not want to pay). Answer #3: I don’t know the answer but this is something that you should consider and you didn’t address.

As of right now, you shouldn’t go for the police report if they really are willing to pay for the damages. Both parties should agree to that. But if they don’t agree, or one or the other doesn’t want to contribute to the damages, the question is if there’s a time limit for when to file with the police. Like, if you file in a month when you realize they’re not paying, is that going to cause any trouble at the station when they’re like “why didn’t you file before?”


Title: Hello again issues with neighbors at my parent's house

Question:
Still in Pennsylvania (PA).

I'd say this guy was the spawn of Satan but the would be an insult to Satan. (sorry if that counts as a personal attack)

He films us without us knowing when we are outside after nightfall (about 6 pm) we'd hear him scream "I got you on video" he has called the cops on my parents for just talking to each other outside after 9 pm.

And just this past weekend he filmed us leaving at 3 am to go to a funeral in Michigan. The most noise we made was closing our doors.

Do you guys know of anything I could do?

Answer:
 Setting up your own security cameras would be a great place to start.

IANAL, but these types of neighbors seem to *eventually* take to calling police and potentially making false claims by only sharing part of the story.

Being able to easily defend yourself by way of direct evidence is the best protection.


Title: Terminated for threatening to whistle blow

Question:
Hi Reddit,
I need some advise.
I had a role as a security expert/developer for a smaller company (40 employees). I have my CISSP and CEH certifications. I was terminated this past week and the reason was because they want to "move all developers in-house" . They offered me a 2 week severance agreement. I have not signed the severance agreement yet.

I've been working with them since July of 2016.

Their network was compromised in October 2016. I was the one who discovered the compromised server, contained it, and rebuilt the server from scratch and documented everything. They rejected my request to do further forensics investigation and or/hire an external security firm for this situation.

At that time, (and still currently), we were working with a fortune 500 business (+10 mil contract) to have them as a new client. They put us through a vigorous security audit.

We did not reveal to the prospective client that we were compromised. I'm assuming this is because of the fear that the client would back out.

I told my management that we should let the client know what happened but they did nothing. I feel like they saw me as a threat and that I might blow the whistle. That's why they really let me go.

What should I do?
Negotiate a much larger severance package?
Seek out a lawyer?

Edit: I am a US citizen located in the Midwest and my employer is based in New York City.

Answer:
 You can seek a labor law attorney but that is not techinally whistleblowing I don't believe. I believe whistleblowing would be if you said we need to alert police or public not you feel you should tell a potential client why you shouldn't be hired.

I mean your a security guy. You found a security concern and you fixed it. Thats a normal thing now. Answer #2: Wow, I would have fired you in a heartbeat.


Title: (FL) Our neighbors are blaming their bedbug and lice infestation on us, they're threatening to sue for $5,000.

Question:
We threw out an old computer chair and our neighbors apparently grabbed it before the garbage collectors did.

We **do not** and **have never** had lice or bedbugs.

They claim they started to notice bedbugs and lice a few days after they took the chair.

They want $5,000 from us by next week to pay for exterminators, lice treatments and to replace their mattresses. My husband told them that it's not our fault and we won't pay them. That's when they threatened to get a lawyer.

Do they have to prove that their infestation is a result of the chair? How would we prove that their problems didn't come from us?

Answer:
 They'd have to prove that you intentionally or negligently caused their infestation. Since they took discarded furniture from the garbage collection area, and apparently didn't bother to verify whether the furniture had an infestation before doing so, they're going to have a hard time with that.

Stop talking to them. If they serve you with a suit, respond and show up. Default judgements over dumb lawsuits do happen.Answer #2: Ignore them, they're opportunists looking for an easy payday. If they do sue you then you respond officially. At present you do nothing, do not speak to them or reply to contact, they'll stop bothering you.Answer #3: My girlfriend blames the moon/planets for subway breakdowns. I blame hipsters for driving up rents. You can blame anyone for anything, proving it is completely different.Answer #4: Dont worry, they cant actually afford a lawyer.


Title: [TX] Creeper Restaurant Patron

Question:
A regular at my bar in Texas keeps getting complaints. I sent him an email saying the young ladies are creeped out and to cut out his creepy shenanigans. Now he's threatening a lawsuit and claiming to be an LEO.

Can I ban him now? Is that retaliation?

I think the answer here is a strongly worded letter. But from reading this sub I know posters never have any idea. Help?

Answer:
 By and large private establishments that are otherwise open to the public are free to restrict entry to whomever as long as those people aren't refused because of their membership in a protected class.

Next time he steps in the bar, tell him to leave and that he's not welcome any longer. If he persists, call the police and have them remove him. Answer #2: Yeah, you can ban him. Tell him he is not welcome. If he shows up, he's trespassing.


Title: I signed a document that I did not fully comprehend

Question:
When I was in school in the US, we were taught that land was taken from Native Americans by tricking them in to signing agreements even though they do not speak the same language. What is this referred to, legally speaking? I was under the impression that laws were implemented to prevent this.

How does this relate to terms of service or contracts that are not really read?

Answer:
 It does not relate at all. It is the duty of the signor to read and understand the contract.

There are some defenses to that, such as fraud, undue influence, and misrepresentation. But those would be on you to prove. Simply not reading or understanding a contract is not a defense. Answer #2: Fraud against natives has nothing to do with your failure to read a TOS.Answer #3: Those contracts that no one reads because the signer has no ability to negotiate any terms are called contracts of adhesion. Sometimes terms of those contracts can be ruled unenforceable due to unconscionability (terms so bad you never would have agreed if you had a choice) or due to being unexpected/unreasonable/unfair in that type of contract (I think sometimes arbitration clauses can be found unenforceable this way?).Answer #4: In contract law you might argue there was no meeting of the minds, if the natives didn't understand they were agreeing to a contract or exchange.Answer #5: I'm a bot, *bleep*, *bloop*. Someone has linked to this thread from another place on reddit:

- [/r/bestoflegaladvice] [The Native Americans were lied to when they entered contracts to sell their land to Europeans, that means I can avoid contracts I don’t read right?](https://www.reddit.com/r/bestoflegaladvice/comments/9ilt3g/the_native_americans_were_lied_to_when_they/)

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