Title: Bartender here and I’ve been falsely accused of a hate crime on YELP and FB reviews, what to do?

Question:
Last night a kid came into our bar. I’ve served them 3-4 times in the past and they’ve never been a problem. They usually just sit by themselves and have a glass or two of wine and tip fine and leave.

Last night they were sitting next to a couple, (sorry if the pronoun “they” is confusing, I only know that they are trans because of the incident I’m about to go into, they seem to present as male and spoke of their “boyfriend” so I don’t really know where they view themselves in all this but in my eyes it is pretty irrelevant anyways) the couple was discussing the recent Cardinal-B scandal, and quoting Cardi as saying something like, “I’d get back at an unfaithful lover by drugging them and getting them to sleep with a tranny”.

Now, I’m totally aware that “tranny” is not PC and I believe the couple is aware of that too, but they were just discussing what Cardi said. (Side note: I know this couple and the girl’s cousin who lives with her is also transgender, and I do not believe her to be bigoted in any way).

Clearly eavesdropping and slightly intoxicated, the individual inserted themselves into this couples conversation, accusing them of hate speech and trying to “educate” them on the matter.

I tried to explain that he misunderstood them and that no one in the bar was anti Trans or anti LGBTQ, but he kept raising his voice and yelling over anyone who tried to speak.

He went on about how his life was threatened daily and he could be killed at any second for being Trans.. I suggested that he maybe move to the other side of the bar if he didn’t want to hear their conversation and he yelled that he “had a right to be who (he) was.”

I don’t condemn hate speech. I’ve kicked people out for using the n-word, and have spoken up if I hear people use he term fa**ot, and have even spoken to people about rape jokes and other jokes that are in poor taste.

But this is a bar. People are drunk. It’s not my place to tell people what they can and can’t say, even if I don’t agree with it. A lot of these encounters are situational.

This couple was not being hateful in the least. This kid was looking for confrontation. This whole time I’m thinking, “I would kick anyone out who was being this aggressive and loud and harassing other patrons, but if I kick him out I just know he’s going to assume it’s because of his lifestyle and sexuality, so I don’t know if I should”.  Thankfully not too much later, he gave me an out.

Once again he started yelling about how he shouldn’t have to hear people speaking in such a manner, and so I said, “no one is keeping you here, you can leave!”

He then said anyways that I was kicking him out and that he was going to write a review.

Today I woke up to a text from my boss: “call me.” Apparently the kid is now all over FB and Yelp saying that I “invited violence against him” and that he was “scared out of the bar”

He did not name me but physically described me and I am the only tall, thin, blonde, white woman who works there and the community knows who I am (he also called me cis which I find an interesting assumption because he knows nothing about my gender identity or sexuality because it isn’t something I parade around at my place of work). He also claimed I was drinking behind the bar, which I was not.

But in all his reviews he claims I was the worst part because I incited violence against him, which is absolutely a hate crime.

None of that ever happened and he was in no way harmed. He has been victimizing himself.

We have video and five witnesses excluding myself of what transpired, but now he is threatening a protest outside of our bar. I am most concerned that he has accused me of a hate crime.

I want to know what I can do to protect myself, but also if he can be held liable for his actions as falsely accusing someone of a hate crime is a terrible thing to do.

There are so many people who are actually victims of discrimination and worse and they can’t always get taken seriously because little assholes like this guy exist.

TLDR: I was falsely accused of a hate crime and want to know what recourse I have/precautions I should take.

Answer:
 I don't think you have a legal recourse here. What this person describes is not really a "hate crime", but there are many people who use that terminology inaccurately. You won't be subject to any legal consequences here, the police won't even look into this.

You are probably not protected in your job (not clear on your location but typically in North America at least it's easy to fire people for any reason). You should just explain what happened to your boss and hopefully they are understanding about it.Answer #2: OP claims that the reviews make statements of *fact* that are false, and claim criminal behavior on the part of OP. This very well could be a case for defamation. But the above posters are right that defamation cases are not easy, and they’re likely expensive.

Talk to an attorney in your jurisdiction.


Title: Rear ended by dump truck, need settlement advice

Question: Help! I was rear ended by a dump truck driving a Chevy Cobalt. My car was completely totalled, the sheriff said there was no evidence the dump truck even tried to stop. ( I was stopped to turn and the driver claimed she didn't see me) they hit me going about 60 mph. Fast forward almost 2 years, I still have a rotated hip, spine damage, stomach issues, memory issues from smashing my head, nerve damage, pretty bad depression and now weight issues. They are asking me to settle with a settlement. I'm currently spending 200 a month at the chiro and will have to go for the rest of my life because I have permanent spine damage. If I even skip a week I'm in so much pain I can't even lay down. I don't even know where to begin when it comes to something like this. My dad said it's probably too late to get a lawyer. I'm not sure how much money to even begin asking for though. Any advise you can give me I would really appreciate it.

Answer: Contact personal injury lawyer. But take your time and look at reviews.Answer #2: Go see a real doctor, Chiropractors can’t medically fix chronic issues, see a Physiologist/PT, if a PT suggests you go to a chiropractor, go to a different PTAnswer #3: Lawyer up like now. And don’t settle for anything less then lifetime medical coverage pertaining to injuries from the incident. People may tell you take the money, but the money will dry up fast from medical costs.Answer #4: I would get a lawyer ASAP. You have 2 years to file a lawsuit from the day of the accident, based on my research. You should get a personal injury lawyer who will take the case on a contingency. But hurry and do it very fast.Answer #5: I don't have any legal advice for you, but you should seriously consider seeing a Physical Medicine and Rehabilitation (PM&R) doctor and going through physical therapy. There is no scientific evidence showing that your spine will recover better with a chiropracter.Answer #6: You should definitely talk to a lawyer. It may or may not be too late to file a lawsuit, a lawyer could tell you that. Even if it is, they could still help you negotiate a settlement in your best interest. If that much money is involved, it's definitely worth at least talking to a lawyer.


Title: Arrested for giving false information to a police officer.

Question:
Last night me and some friends had been drinking a bit and were walking around in a park. All of us were over 21, but we look young. I guess someone called the cops because my friend was being loud, and so they showed up, took our IDs and decided to  breathalyze us. One of my friends and I didn't have our IDs, so they asked us for our names.

I was NOT over the legal limit, I was NOT doing anything wrong, I AM over 21. However I was tipsy, and I gave the cop the name I use in day to day life. It's not my legal first name. I didn't even think about it. So obviously when he ran it, the name didn't come up. And when he came back and said that I realized my mistake apologized, and gave him the proper name.

Let me make a couple of things clear here. First off, the name I gave the cop is a name I can prove I use pretty much everywhere. It's the name on my school ID, it's my email, I sign up for everything with it, I get mail under that name. Secondly, if I told you my legal name you wouldn't believe me. Think of a stereotypical white girl legally named "Jose," for example (I'm a guy, that was just an example).

So when I gave the cop my legal name, he didn't believe me. He yelled at me, detained me, cuffed me, discovered certain reasons to discriminate against me, searched me, and arrested me for "giving false information to a police officer." I was later released after they ran my information and after spending several hours in a jail cell but I don't know what's going to happen next. I was cooperative the whole time. I didnt resist or anything.

Wisconsin for the bot.

Answer:
 > discovered certain reasons to discriminate against me

What does that mean? Answer #2: >I was NOT over the legal limit

That doesn't factor into public intoxication.

> Is this a reasonable legal defense for what happened? Am I likely to get convicted?

Those are great questions for your lawyer.  A judge/jury/DA may be sympathetic because you use it in every day life, but it is not a guaranteed defense.

I would address your odd discrimination blurb, but as you told /u/Internet_Ghost, you don't want to go into details and claim it is not relevant \(which is odd that you brought it up in the first place\).


Title: (CA) Company is refusing to refund a purchase made on a company card. Now we're out $1000. Anything we can do?

Question:
Located in California.

My husband has a corporate credit card in his name for work. He travels every so often and travel expenses go on this card. When this happens, all of his travel is booked through a system the company uses. All payments on the corporate card are made through us and then reimbursed by the company.

This particular trip happened about 3 months ago. Payment was made on the card and the receipts from the trip were submitted to his accounting department. Accounting department said they needed a full breakdown from the hotel, but the hotel is saying (3 months later) that they are not able to produce a folio because of the system he used to book the trip instead of going through them. He is not able to get a breakdown through this system he had to use either. He told all of this to his accounting department, and now we are out the $1000 we had to put on the card.

Is there any way to get this money back?

EDIT: We got it figured out finally! He went in to his accounting office and made them call. Sounds like the person at the corporate office he was talking to didn't know what they were doing.

Problem started when his accounting department said they needed an invoice (which he provided) and then came back and said they needed the folio. They were using the 2 words interchangeably which confused everyone. He called the hotel in front of his accounting department and asked for exactly what they were looking for and they still claimed they couldn't send anything. Once the lady in accounting he was working with called and cleared everything up, she was able to get what she needed!

Answer: I'd call the hotel and say you have to do a chargeback if they can't supply you with a receipt that proves the charges are valid. They'll find a way once they hear that. Don't actually file one though, since you know the charge is valid.


Title: Stepson's mom is moving without scheduling mediation - advice?

Question:
Here's the issue:

In December of 2016, BM (biomom) alerted my BF that she was applying and interviewing for a job in a state 1500 miles away from our current city in North Carolina. In February, she informed BF that she got the job and is moving. No extra info. BM currently has primary physical custody, and BF has SS EO Sunday and Monday through Wednesday every week.

A couple weeks later (beginning of March), BF was sent an email from SS's school with a form to withdraw SS for the 2017-2018 school year. In the email chain attached, BM informed the school that she would be starting the job "in the next couple of weeks" and that her husband and daughter (3) would be moving out there with her next month and that SS would be staying with her parents for the rest of the schoolyear. This was all new information to BF. Bf met with the person at the school and is NOT signing anything as of right now. The deadline to withdraw without paying a fee is 4/1.

The night after that email, BF received an email from BM with an ammended custody agreement drafted by her lawyer with SS spending the schoolyear with her, alternating Thanksgiving and Christmas, and summers with BF with the exception of a week vacation.

We are under the impression that she has already started her job and secured housing. BF is meeting with an attorney and filing for emergency custody (I think NC calls it temporary custody, actually) for the time that she has relocated, and is not signing anything until she files for mediation to discuss custody.

To prepare, we have notebooks of pictures of everything we can think of that might help, and the custody paperwork being filled out with a lawyer. We have also gone ahead and done any legwork regarding afterschool care at both the YMCA (which is a block from our house) and his current school, financial aid paperwork that we would need if we were to be resposible for payment, as well as financial aid for his current school, and any enrollment paperwork for the public school that he would attend if he were to live with us. His primary childcare is through BM's parents, who live in our city as well. BM has offered that they continue serving as is primary chilcare while he is with BF, though if things get contentious, we do not want to be reliant on that plan.

Please advise us to any legal forms that we should be looking out for, research that we can do, and questions and info for any lawyer that we have. While BM is trying to avoid any court time, we are not opposed to mediation or even a court hearing regarding custody. Though we understand that there is a chance it may not fall in BF's favor, it is utterly absurd to us that BM thinks she can unilatteraly decide to move alfway across the country and dictate custody, lifestyle, and everything else when BF has been involved and a great parent with an extremely good and loving relationship with his son.

I posted over in r/stepparents for anecdotal advice, and am posting here for more concrete legal guidance. My SO and I are consulting a lawyer, though our financial resources are limited, so any DIY research we can do to ease the burden is helpful. Thanks for reading.
Topic:
Custody Divorce and Family

Answer: Does his current order address relocation?


Title: Texas: what should I do? Is this abuse?

Question:
Hi! I'm a teenager in Texas (Dallas) and was wondering what I could do in this situation:

My dad was mad at me because I didn't want to go to my brother's band's concert. He told me to go to my room. He was blocking my way into my room. I ran past him, but I couldn't make the turn into my room fast enough because of the way my hallway is setup. I ran into my parents room instead. My dad chased me down. I pleaded for him not to hurt me. I have a brace on my right arm because I broke it recently, so I can't really defend myself.

My dad pins me down to his bed and starts hitting my chest and thighs. When I screamed, he slammed his hand on to my mouth which hurt a lot! (I have braces and very sensitive mouth tissue.) I threatened to call the police. He started recording me with his phone. I noticed blood from my mouth all over a pillow under me. I tried to find a (landline) phone in my house to call the police, but I think my mother had hidden them. I asked my mom if I could use the phone to dial the police. She refused. (My dad had left the house already.) Not knowing what to do, I went upstairs to try to get away from my problems. My mom kept trying to tell me how much "a danger" I was to myself, and that I didn't know what was best for me.

A day has passed and I still have no idea what to do. Any help would be great.

Answer:
 Yeah that is pretty unambiguous abuse right there. Here are some numbers you can call:

https://www.dfps.state.tx.us/Contact_Us/hotlines.asp


Title: I'm being sued, lawyer admitted to me they screwed up, can I countersue

Question:
This happened to Ontario Canada

I have a commercial rental property.  A guy claims to have fallen on my property, but there was a witness who saw him fall on the neighboring property.  The guy was told immediately that it wasn't my property, but he has gotten a lawyer and is suing me for 1 million dollars.

In June 2017 I was contacted by an articling student who wanted my insurance company information so they could make a claim against my insurance.  I told the student that I had a witness who saw the guy fall on my neighbors property as well as the security video that shows him walking into my property (and NOT falling)

Fast forward to 2018, I get served with the 1 million dollar suit from the lawyer.  I send a nasty registered letter to the lawyer outlining the evidence I have , and if the don't f-off and stop bothering me I will counter sue their client, and them as well.

So last week I called the lawyer to clarify a few things in the suit.  It was written by the student I assume and was really poorly written.  They kept refering to their client as a male and a female as well?  So we talk for a bit and I am nice and polite, trying to be disarming.  She says I know you claim this happened on the neighbors property, if you show me the evidence I will be happy to drop you from the suit.  I said I would have been happy to do that last year, but now that I am facing a 1 million dollar suit I need to get legal advice before I do anything.  She then admits to me that the student didn't let here know about my claim and evidence, and this prompted and an office meeting where they talked about the importance of passing on this kind of information.  I reminded her that because they had waisted two years persuing me, the time limit had run out to sue the proper property owner.  She screwed her own client. She admitted that she was aware of that and had even let her liability insurance company know about the error.  I was stunned she told me all this.  Big mistake.

So I am pissed at everyone involved here.  I haven't shown them the evidence yet.  I need to plan my next move, but I want to counter sue.  I'm just not sure if they have done anything wrong that I can claim damages for?  So they sued me, wasted  maybe two weeks of my time dealing with this over the past two years, and caused a lot of stress.  Can I sue for that?

Thanks

Answer:
 >A guy claims to have fallen on my property...1 million dollar suit...

What did he fall into a bear trap, fire pit, or pack of rabid dogs with a bite history?

Two weeks over a two year time frame really won't be considered significant and unless you were hospitalized due to stress you are out of luck there as well.  You can't really sue as you didn't sustain any damages. It sounds like two idiots got together to try and scam someone and are doing a terrible job at it. I would keep any documents indefinitely just in case and not worry about it. If you are looking for petty revenge just bask in the knowledge that the incompetence between the two of them now results in no money for whatever injury was sustained.


Title: Is it illegal to re-sell Krispy Kreme donuts from IA in MN to fund raise for my college club sports team?

Question:
EDIT: It turns out KK has a well established fundraising program. Thanks for the help, everyone.

https://krispykreme.com/Fundraising/Home

**The Plan**

Buy Krispy Kreme donuts in Clive, Iowa, drive back to school, and sell them to my classmates in central Minnesota for a profit

**Why I want to do it**

I'm on my school's water polo team and want a fundraiser to offset the cost of hotel rooms, food, and tournament fees when we travel. Krispy Kreme pulled out of Minnesota sometime during my classmate's childhood, but people still really like the donuts here. The nearest Krispy Kreme to school is a 15 minute drive from my home, so I can pick them up before I head back to school. I've brought donuts back to school before and given them to my friends, and people love them. I'm pretty sure it would be a good fundraiser for the team.

**What I'm worried about**

I'm mainly worried about re-selling a name brand food on campus because I obviously don't have anything to do with Krispy Kreme. Are there any laws that would prevent me from doing this? Is there a legal way to do this fundraiser?

Answer: No laws that I know of but KK has specific fundraising programs where you can get the donuts cheaper because of large volume you're dealing with, so why not just do it that way?


Title: Cellphone Number Given out against my will

Question:
So, I'm writing on behalf of my wife.  Someone whose name she doesn't recognize has managed to get her phone number and started messaging her.  The character has only revealed the name "Juan Garcia", and considering she is in a small town, the fact that she doesn't recognize the name and that it sounds like a bullshit generic name to her has her worried.

She doesn't know anyone who could have given the number out because it's a brand new phone number and less than 30 people have it.  She has actively asked every single one of these people if they had given it out and all of them said no.

So now someone has her phone number and she has no information on him, she was able to reverse lookup this number and its connected to several addresses ranging from her local area to some major cities about an hour away.  The most recent address being less than 5 miles from her house.

Additionally, there were about 11 aliases featured in the background check with a variety of crimes listed, with the most serious being a car theft conviction.

She took all of this information to the police in texas (the state we live in) and they essentially told her that because she responded to the mans text messages, there is nothing they can do.

What exactly is her best recourse here?  She is genuinely scared of this person because of their sketchy behavior and their insistence on trying to be her friend.

Obviously just blocking them seems like the best possibility.  But all the details of the issue make that seem like you would just be  blinding yourself to their messages which may also be dangerous.

Answer:
 >it's a brand new phone number and less than 30 people have it.

Phone numbers are reused.  Juan Garcia may have been acquainted with a person who was previously assigned that number.


Title: [Florida] Requested Jehovah Witness to put me on a do not disturb list. They came back. What are my options?

Question:
I am in florida. The JWs organization has been coming here even after we told them we weren't interested. I learned they had a list and requested they do not come here again. They came here again. What's the next step I should take? What are my options?
Topic:
Other Civil Matters

Answer:
 Not legal advice, just ex-jw advice. Next time they come, ask to speak to a elder because you are on the DO NOT CALL list.

Do not show up to the door naked, playing death metal, telling them you worship Satan or any thing else, believe me, they have seen it all and it wont phase them to leave you alone. I saw my first naked dude at the door when I was 5, the lady I was with just laughed it off and taught me eye to eye contact and ignore.

What you *can* do if they keep coming back is start to ask the questions they dont like. Example: Can you tell me more about the child abuse allegations in Australia where over 52 of your elders were brought before the Royal Commission. Can you tell me more about the 2 witness rule that says people that are sexually abused must confront the abuser in a judicial committee. They hate these questions and cannot answer them. They will avoid you at all costs because they will think you are a apostate or ex believer, and they fear that more than anything else because you might corrupt them. I.e. Satan is speaking through you.

Or you can just not answer the door. Good luck!Answer #2: My dog goes batshit when they come around...Just JWs never any one else. They tried a few times to open the gate to knock on my door but he rushes out there like greased lightning with toothache. They stopped after a while.


Title: Doctor sent me home when I could have died

Question:
I went to a hospital in reno Nevada when I was worried about my pregnancy, they informed me that I had a miscarriage and sent me home. A week later I went to a different hospital because I was feeling extremely Ill and found out that not only was I supposed to get a D&C (first pregancy wasn't sure I needed one at first) but they failed to tell me that I had had what is called a Molar pregnancy and it was spreading tumors all over my uterous and causeing my hcg to rise to dangerous levels. They also failed to give me the shot required for RH- blood types during pregnancy.( I went to the original hospital since the beginning of my pregnancy and should have already received the shot) Is there any legal action that can be taken. I have all of my hospital documents about my visits.
Topic:
Medicine and Malpractice

Answer:
 > Is there any legal action that can be taken

Generally speaking you cannot take legal action for what "could have" happened. But if you have actual damages from their lack of action, you can consult with a medical malpractice attorney (these cases are extreme fact-specific) about that possibility.


Title: [MO] Car towed for being "abandoned" while I'm on holiday break

Question:
I live in Kansas City and park on the street outside my apartment complex with no parking signs or restrictions in sight. I've been home for the holidays for the past week and recently found that my car has been towed for being "abandoned" and is currently sitting in an impound lot with a $260 fine that I'll have to pay to get it back (it's a perfectly good looking car, not a beater by any definition). I had a friend drive me to the airport so I wouldn't have to pay for parking and figured it would be okay to leave it on the street while I'm home since there were no visible restrictions. The parking control is closed for today so I'll have to call back tomorrow before I can get a response about it. Is there anything I should know when I call them tomorrow to get this fine revoked?  I'm just not sure how I should handle this since I've never had to deal with anything like this before. Thanks in advance for any help! Happy holidays, everyone.
Topic:
Traffic and Parking

Answer:
 It is likely that the ordinance under which the vehicle was towed includes some specification about not being moved in *x* number of days. In that case, you should likely pay your fine.

If you find that for some reason your car actually should not have been towed then you might take that up with the magistrate or whomever handles parking issues in that venue.  Though you should retrieve your car from the tow lot beforehand so as to stop the accrual of storage fees in the meanwhile.


Title: [NY] I was arrested for petit larceny for stealing at Walmart and was assaulted by one of the security officers. How do I go about pressing charges?

Question:
I know I was in the wrong and it was an incredibly stupid choice. I only have one other charge and it's still pending, possession of a controlled substance in the 7th. Anyways, I was walking out towards the exit doors of Walmart and these 2 big security guards shove me against the wall and I was like "Woah! What the fuck are you doing and who the fuck are you??" and they were like "Shut the fuck up asshole!" and shoved me into a room. When we got in the room, they told me to give me the shit so I lifted up my shirt and it wasn't there because they had already knocked it out when they slammed me into the wall so they kept screaming "Give us the shit!" so I was like "It's right fucking there" and pointed to it on the ground. Then the one guy shoved me against a chair and put his hands around my throat and pushed my head onto the desk next to the chair. That's when I got really pissed. I was like "You have no fucking right to choke me and slam me around like that. Call the cops or something, don't fucking assault me!" So they're like "That's it, we're calling the cops" and I was like "Good!". Now my question is, there is no way this can be legal, can it? I understand and take full responsibility for stealing the 2 small items that I stole but his actions were completely uncalled for. How would I go about pressing charges on him? My hope is I can make a deal with Walmart and say if you don't press charges on me then I won't press charges on you, after all the items added up to $29.76. If I can't make that deal with them, I definitely still want to go ahead and press charges on him. Any advice for me? By the way, I'm 18 and 120 pounds. This dude is probably like 30 and looks like a body builder.
Topic:
Constitution

Answer:
 What did the cops say when they were called?

Regardless, NY's shopkeeper privilege statute gives retailers and their security personnel a defense to charges such as assault when detaining a thief. You're going to have a hard time getting anywhere with your accusation. You can certainly file a police report and see what happens, but I wouldn't hold my breath if I was you.


Title: Ex moved my daughter 2k miles away and cut off contact 8 mo. ago and is now asking for moneywhile still denying any communication with my almost 4yo daughter

Question:
The mother and I separated about 1.5-2 years ago and our daughter will be 4 this November. My daughter was born in Phx, AZ she has my last name and I believe I signed the birth certificate and other paperwork at the hospital. At first we lived at my parents house. then I moved us into an apartment for a year at the end of which we separated and my daughter and Ex moved back in with my parents. I got an apartment with roomates elsewhere. after 8 months or so she began a relationship with someone from her hometown in AL and he moved here and ended up living at my parents house with my daughter and EX for a month or two before one day surprising everyone with 48 hours notice that they were moving to alabama. once there after 2 or 3 weeks I was cut off from any communication and barred from visiting my daughter and it has stayed that way till the present. also their reasoning for the 48 hour notice was they didn't want me to be able to file court papers for parenting time/decision making etc. Which I had attempted before and a year of time and $6000 in lawyer fees later I got a no to the parenting plan and didn't have the money to continue the case at the time so it got dismissed.

so now present day I haven't seen or talked to my daughter in 8mo, and that's not for lack of trying, and they are calling asking me to send them $250ish a month. I told them I have no problem sending the money but I want to talk to my daughter once a week and come visit for 3 days in December. they said no but maybe in a few months I could have some contact back and that if I didn't want to send the money and do it their way they would take me to court for the child support and quote "we will get nasty". they think that I will then legally have no access to my daughter (as of right now its just their word stopping me) and be required to pay them more than what they were asking for.

&#x200B;

so that's pretty much the gist of the situation so heres some questions

being in Arizona do I have paternity/any rights by being on the birth certificate and my daughter having my last name?

If I do have some level of rights has my EX violated them by either moving 2000miles/out of state away with 48 hours notice and without asking me and or refusing to allow me contact/visitation?

can I take any legal action that would improve my situation from Arizona or should I wait for them to file something in alabama because I am pretty sure I would be guaranteed more contact than I get now anyways

&#x200B;

If theres any advice anyone can offer that I might not have asked about but is pertinent to my situation that would be great. thanks for the time and consideration.

Answer:
 So you have never had an actual custody order right?

Then the bad news is that you waited 8 months to do anything so the residence of the child is Alabama and that is where you will have to file for custody and you won't be able to require that the child be returned to Arizona while you sort out custody which you could have done if you had started dealing with this before they had been gone 6 months. It's also not a great look that you haven't exercise your right to see your kid in 8 months.

If you want a custody plan then you need to file for one. Until you do that the monther doesn't have to talk to you or let you have any contact with the child. Answer #2: You should talk to an Alabama lawyer who specializes in custody disputes.


Title: Do I have a legitimate case for small claims? Employer fired/laid me off, and is now refusing to pay bonuses I was owed at the time of firing. [Pennsylvania]

Question:
Hi all, I'm trying to figure out if I have a shot of winning this case if I choose to take it to small claims court. I would appreciate any advice and feedback you have.

I worked at a small (less than 20 people) startup that was quite informal with its documentation, and had very few (if any) official HR documents and guidelines. The company had very lax policies, as we were young blood.

In (approximately) July, I referred my friend to work at my employer. At the time, we knew employees that who referred new hires would get bonuses, but it was an unspecified amount.

After I few weeks, my bonus was still unpaid and I hadn't heard any news of it, so I asked my boss (the CTO). He said I should email the president to check on the status of it, and what our policy is. I do that, and our president says we get a $1000 bonus from the time he is hired, and another $1500 bonus when the referred employee has worked there for one year. He says he’ll tell our accountant to write me up a check for the first $1000 bonus. This is in an email chain between myself, our CTO, and the president.

A few more weeks go by, and I still haven’t heard anything. I pinged the president again via email, saying I haven’t heard from the accountant. He responds to me, and possibly the CTO, and CC’s our accountant. His email is short and brief, and says something along the lines of “Accountant, can you cut /u/pure_honesty a check for $1000? Thanks.”

A few more weeks go by, and nothing. Then, I am suddenly and surprisingly laid off/fired from the company. It was a weird combination of both. There was 0 paperwork or anything I signed at the time of being let go. The termination was mostly due to pressure from the president. He didn’t like me.

So, that brings us to present day. A few weeks have gone by, and I emailed the CTO about checking on my unpaid bonuses (he’s been my only point of contact since I was terminated). He checked with the president, and surprise surprise, the president doesn’t want to pay me the bonus. His reasoning? “[New hire] not an employee yet.” This is technically true, because he is a 1099 contractor, despite the fact that he’s very much a part of the team (which I know doesn’t matter).

I could see the president’s logic working if he was upfront in the beginning, and announced the position we’re hiring for is contract, and won’t carry a bonus. But multiple times, I was assured the bonus was coming - and he even told the account to write me a check (which never happened). So, it sounds to me like he’s retroactively making up this “contractor’s don’t count” bullshit to try and keep me unpaid.

I think the email chain is pretty concrete evidence that I am owed the money. The problem? I was immediately locked out of my company email, and could never retrieve these emails.

So, the question becomes: if I can obtain evidence, either affirmation from the CTO that this email chain did occur or the emails themselves, am I likely to have a strong case?

Followup question: how can I obtain this evidence? Once I serve them, can I demand access to those emails? Can they just cover it up and delete them? Our email server was set up and managed by an external tech support team - can I request the info from them? Can I let the CTO know I’m recording the a phone call, and have him collaborate that such email exists? I’m kind of in a bind for evidence - it exists, but I don’t have access to it.

tl;dr - At the time I was terminated, my employer owed me $1000 as a bonus. After termination, they are trying to twist the logic so they don't have to pay me. The evidence I need is in their emails - how can I obtain this?

Answer:
 You can definitely ask someone in the IT department to retrieve the emails for you, but it's unlikely they'll comply with your request. You would need to subpoena the company you used to work for to get access to their email server and retrieve them. But the time and cost to do this is going to be very high compared to the sum you're owed. Even if you did get the emails, your former employer may be able to find another reason to not pay you the bonus.

You need to ask yourself if it's work $1000 to burn this bridge (eliminate this former employer as a possible future reference) for money you may still have a difficult time collecting on.


Title: [VA, USA] Pizza Trouble

Question:
So, here are the facts:

1. I rent an apartment at a co-op.
2. The co-op rules state:
 a. Boxes are not allowed in the trash chute, unless they fit easily
 b. All trash must be in plastic bags, tightly closed, before throwing it in the chute.
3. If something gets stuck in the chute downstream, the maintenance guy has to get in there and get it out. This is one of those occurrences that comes with a penalty fee.
4. The pizza box in question is small enough to fit in the chute.
5. I don't know if the pizza box in question was in a plastic bag.

I just got a call saying that one of my pizza boxes got stuck. The maintenance guy went to get it out, and he got injured. They're bringing in management and we will meet with the maintenance guy and the management at some point.

Here's what I'm wondering:

1. Can I be liable for the maintenance guy getting injured? From what I understand, it's part of his job, and it's a reasonable expectation for him to go down there

2. What else should I be worried about? Maybe getting kicked out of the apartment?

Thanks for all your help and advice!

Answer:
 1.  Almost assuredly not.  His worker's comp insurance would cover it, and his employer (the apartment complex) would be who is liable unless you actually *made him* go into the chute somehow.

2.  Possibly, depending on the terms of your lease.  But that's fairly extreme for one incident.  At a minimum, they're going to start keeping an eye on you and be pretty pissed.

Also, DON'T THROW BOXES DOWN A TRASH CHUTE!  Break them down into pieces, or walk them down to the dumpster.  Don't be that guy.


Title: How to build a case for custody of children

Question:
In Ohio.  I am married to a man who has two young children from a previous marriage.  Currently my husband and his ex do shared parenting 50/50.  We would like to get majority custody or full custody.

The ex-wife is completely off her rocker.  I  don't want to be too specific here, but is known for harassment of me and my husband, physical abuse towards adults and older minors, and we are seeing signs of emotional abuse to the kids. I think it is just a matter of time until she starts hitting them.

We don't have anything concrete except for a video that was captured of her committing battery and child endangerment.  She doesn't know we have that.  However, the video is around 2 years old and no charges were pressed, so we don't know if it would be admissible.

I wanted to ask how much we need in order to build a case.  The only one big thing we have is the video and everything else is just her constantly harassing us.

We are making logs of her phone calls, screenshots of her texts, and things that the kids are saying.  Anything out of the ordinary is being recorded now.  I want to demonstrate a pattern of behaviors and her erratic, completely unstable nature and get the kids out of her house.

Is there anything else we should be tracking?  At what point should we see a lawyer?

Answer:
 He needs to see a lawyer now and ask that question. You aren’t party to the case.Answer #2: The point at which you should see a lawyer is now, before you do anything else aiming to change custody.

If the kids are doing reasonably well with 50/50 custody it’s unlikely that the judge will want to change it.

If she’s harassing you and your husband, the appropriate action is to report that and possibly ask for a restraining order, not try to change the kids’ custody.


Title: Can my landlord legally tow my vehicle? (Ontario)

Question:
I need some advice as I'm not sure that what my landlord is doing, is actually legal  and junk.

Ok. Been at my apartment for well over a year now, and their is a parking lot right outside the building. I was told that there was 1 parking spot available for each apartment. Not assigned spots, but just a "park anywhere" kind of gig. I've never had any issues before.

This spring I got a job closer to my apartment so I stopped using it as much. Eventually, because everything I need is within walking distance, I stopped using it all together. I didn't think much of it until my landlord told me I need to move it.

Now they are stating that their insurance doesn't allow car's to be stored there and the insurance company is saying I have to move my car.

I explained I wasn't storing it, just haven't been using it and plan to start using it again in the future. But that's not good enough, they want it gone because "The insurance company says it has to move". If I don't move it they are going to tow it at my expense.

I'm getting a weird feeling like they're lying to me or what they are doing isn't legal. But I could also be dead wrong.

I'm just looking for some advice on how to navigate this. Thanks.
Topic:
Canada

Answer: Move your car then to a different spot and let the landlord know you took the car out today and parked in a different spot. If they are saying move it not remove it.


Title: Upstairs neighbor has been remodeling since June. Minnesota.

Question:
Hello, title says most of it. At this point I'm not sure she isn't just Dextering people up there. 6 months, too damn long.

She is driving me crazy. Minimum of 4 days/nights a week, including Saturday and Sunday every weekend.

She is pounding, scraping, clicking. Everything. It's maybe 950 sq/ft, what is she even working on?

Anyways, I've talked to my landlord, who has talked to her. Hasn't gone very far. They are condos, she owns the upper unit, I rent the lower unit.

Are there any rights that I can extend here? Information I can provide to my landlord to help speed up this process?

Answer:
 Look up your local laws on noise and time restraints for building. If they're using power tools, it may be illegal for them to use after a certain time of day (usually after 10pm until 7am). Certain places don't allow excessive or disturbing sounds if they're near a sleeping area as well.

Also check if you should address your complaints to the police or your city council. Sometimes it depends on the type of noise.


Title: NYC Hot water has been out for 2 months

Question:
Hi so I live in Manhattan and my hot water has been mostly out for 2 months. The landlord claims one of the two boilers blew and that he’s fixing it. Because there is one boiler left I occasionally get hot water for a minute but not enough to shower, by the time I shampoo my hair it’s absolutely freezing and I regret the attempt. I can’t do my dishes by hand with warm water and the dishwasher certainly isn’t getting hot water to properly clean my dishes. I’ve texted him regularly and called him many times about the issue and he’s given me the “it’ll be fixed this weekend” and here we are today my shower is freezing. I went up to the boiler room and took a picture of the second boiler up there not even hooked up (pic included).

What are my recourses? How can I legally withhold rent and how much can I withhold? I’d rather not involve 311 if I can, I’d like to use the fact that I didn’t call them as leverage in my rent negotiation in July, but ultimately if I have to call them, I will. Thanks in advance https://i.imgur.com/a8TMNp0.jpg

Answer: In NYC? No you don't withhold rent, you call 311 and code enforcement and they kick the guys butt and magically the boiler gets fixed.


Title: So I saw a post about a group of four armed regular citizens creating a road block. Given that they were all armed and stopping cars with no authority, what would the aftermath look like of a confrontation?

Question: It seems like a short reach to assume someone might reasonably fear for their life when encountering something like this.  Of course turning around may be the best idea, but it seems reasonable to think they may start shooting anyway.  Would they have to shoot first to warrant action or would their being there be enough?  Seems reasonable to jump to one of many conclusions.  Carjacking?  Kidnapping?

Answer: The aftermath in Atlanta was the death of an 8 year old child, Secoriea Taylor. Clearly it is illegal for regular citizens to create a road block whether they are armed or not.Answer #2:  The Sheriff's Office says Joshua Smith, Travis Lucky and Michael Meier  are being cited for disorderly conduct after allegedly blocking an  intersection east of Corbett. It is unclear why the three men set up the  roadblock.


Title: [California] Neighbor (HOA president) wants to dispute planned addition to home

Question:
Mostly asking this for my parents, but I live here too and pay rent so I'm more or less involved. We are adding on a second master bedroom to our house that just goes into our backyard (the yard is like a massive triangle that comes out from the house) because my parents are getting older, are legally physically disabled, and have trouble going up the stairs.
The problem comes now (today) because even after going to a board meeting of our HOA and having the addition approved, a structural committee for the HOA actually come out, view the plans and approve it, and having the city approve it, today our neighbor who is the head of the HOA came over to mince words about he's going to dispute it now because he's sure it's going to block his "view." View in question is a 1 story view of a mountain behind my house - but he never had this view until he added on to his own house about six years ago. Is this actually something he can legally fight? I don't know if he's just doing this because he isn't fond of my parents or really does want the view, but regardless I would think a consideration for a physical disability would trump his claim. I guess I just want to know is there's something we can do when he DOES file a dispute with the city.

Answer:
 If you've already pulled the permit and have signed HOA approval I have no idea what he plans to dispute at this point

What did he say exactly he plans on doing?

I could see in his position on HOA being able to reopen the approval, nut if he had that power why didnt he stop it while it was under review?Answer #2: He can legally fight it, but he's a little late to the party.  That being said, make sure to respond to anything legal from him if he tries to stir up shit.  And if you're brought before the city zoning commission for whatever reason make sure to note that he was aware of the planned addition well in advance of when he actually decided to be offended by it.


Title: [Kansas] Is it illegal for my parents to refuse to order me a new birth certificate?

Question:
I'm unable to order a new birth certificate because I need a proof of identification, which is why I'm ordering it (to order an ID so I can get a job).

However, I am unable to order the birth certificate without my parents proving my identity, and they refuse to help me, always making excuses. I have the money to order it, but not the required proof. All I have is my social security card, which my parents are also holding on to and refuse to give to me.

I'm starting to think that they do not want me to be able to leave. It's been about a year of this, and I'm getting tired of their excuses.

What are my options?
Is there any way I can possibly get the birth certificate without their help?

Edit: I'm 20 years old, so I'm legally an adult.

Update: I contacted the police, they've informed my parents that if they don't give me my SS card and fill out the necessary documents then legal action can be taken so yeah... that's happening. Now my family kind of hates me though so I dunno what to do next but.... hey at least I can prove my identity now.
Topic:
Other Civil Matters

Answer:
 Call a local Domestic Violence Helpline and explain to them that your family is keeping your identity documents from you in order to keep you dependent and at home. They may be able to help formulate a plan and know some notaries that will accept non standard identification.Answer #2: Crackpot theory: maybe you are an illegal immigrant and your parents are trying to keep the false paperwork from you.Answer #3: Does someone want me to delete it or something? I'm sorry I don't know what to do. Please don't down vote it that makes me feel bad.Answer #4: AFAIK, It's not strictly illegal to refuse to order these things for you, but i'm not sure if witholding your legal documents from you, as an adult, really is. Perhaps somebody else can help with answering that.

OP, you said you are 20 years old. Do you have or did you ever get a photo ID in high school or in college (if you went)? Those can be considered "state-issued ID's" and help you get a replacement (or duplicate, I suppose) Social security card, which you are going to need to get a job. Perhaps it can also help you with the birth certificate issue, if a notary will accept it.


Title: *NJ* Thinking of suing for personal damages relating to sexual assault. Standard of evidence question.

Question:
*** Update 2: Sorry for the depression, guys. What I'm probably going to do is talk to a victim's advocate or liason. After talking to some people, they said that victim specialists would probably have a lot to say in regards to this type of thing. Thank you for reading, and thank you for responding as well.  And in hindsight... hey, any ass in a court who wants to make PTSD and its related depression and anxiety a moment for shaming is engaging in shameful behavior him/herself. So thanks and bye for now!

*** Update:  Responses show I don't really have a chance. I'll probably just give up.  :'(
Thanks for reading.  I had hope.  this is a bit devastating.  What was the use of even reporting it?  It did nothing.
I know this update is probably a post for the depression sub and not here, but this is awful.

**Original OP:

Ok, so I'm still within statute of limitations for abuse and sexual assault from my ex husband.  I reported the rape/sexual assault about a year after it happened (and boyyyy that took all the courage I could muster, too).  I also reported this with DYFS at the time as an informational report (we have kids).

The police saw texts, and believed it happened based on what I said and on the texts, but there wasn't enough evidence for a criminal case.  I have since been diagnosed with PTSD.

1. Might my diagnosis swing the prosecutor toward trying him,

and

2. Might I have a shot in civil court for damages, considering the standard of Preponderance of the Evidence?

I don't have PTSD from how well he treated me, after all.  :/

Answer:
 First off, I'm sorry you had to go through that.

You can *ask* the prosecutor to issue charges.  But you cannot compel him/her to do so.

You can sue.

You will go and testify that he abused and assaulted you.  He will testify that he did not.

In this case "preponderance of the evidence" likely will come down to "who does the judge find more believable."


Title: How to make sure my family cannot contact my future child

Question:
I have been trying to get pregnant for awhile now and hopefully it will happen soon. I am already worrying about the drama that will ensue and I want to protect my future-child. I am asking for advice here since I'm not quite sure what things I need to look into and how much I will have to budget for this issue.

I live in Arizona. I have a very small family. I have my mother, father, brother and his wife. My father sexually/physically/emotionally abused my brothers when they were young and he emotionally, physically abused and sexually harassed me growing up. He has a clean criminal record and no psych record. I also know he has a penchant for being attracted to young children/adolescents.

I know he will do whatever is in his power to see my future child. The rest of my family will support him on this because I would be the one "tearing the family apart" for protecting my child.

I am afraid it would be easy for him to claim I am an unfit mother. He would absolutely take me to court for this. When I was in my teens and early 20s I did drugs and had multiple suicide attempts to deal with the memories of him. I am in a very happy, healthy, stable place and have been for some time, but I am afraid it won't matter.

What can I do to make sure he can't gain visitation rights, or that he won't be able to pick them up from school, daycare, etc? I am absolutely terrified at the thought of what he might do.

*Edit: I think I am more concerned about kidnapping than him bothering to go ahead with a legal process. Something he has done many times to family members and people he works with, is follow them, find out where they are going to be, etc, have binoculars just in case (I wish I were kidding) and do something ridiculous to "scare them for fun" or "make sure they're okay."

Answer:
 The school and daycare should not be releasing any child to anybody without the consent of the parent even if it's the grandparent.

My advice if this is so important to you? Move.


Title: Is it common for a lawyer to request authority to access "any information and/or documentation" relating to a client?

Question: My partner is currently involved in a medical negligence claim in Australia. Her lawyer has requested that she sign a document authorising the supply of "any information and/or documentation that may be required in relation to myself" to the lawyer. My partner is a little concerned about the scope of access granted by this authority and is wondering if this is a common request made by lawyers?

Answer: If you don't trust your lawyer,  it's time to find a new lawyer. The more information they have, the better they can represent you.


Title: USA, FL. If a minor escapes a juvenile facility and has managed to elude capture until 18, does the chase stop? (Hypothetical)

Question:
A minor escapes a juvenile detention facility and manages to elude capture until they reach the legal age. Since the crime was committed at around the time of 16 years of age, shouldn't the statue of limitations be exceeded?

Let's say it was for a non-violent offense, and he for the time during and after his escape he posed no threat to anyone or anything.

This is all purely hypothetical and has been bugging me for quite a few years.

Answer:
 No.Answer #2: >Since the crime was committed at around the time of 16 years of age, shouldn't the statue of limitations be exceeded?

Statute of limitations does not work like this. Answer #3: No.   They would be charged with escape,  which is a new crime.   Law enforcement would obtain a warrant and it would continue until the person is arrested.   If they are arrested after 18, they most likely face the full range of sentencing options,  including prison.   The sentence they escaped from would result in a revocation and new re-sentencing.


Title: Sexist Teacher

Question:
I am in Arizona, I have a teacher who openly picks favorite students. She is also openly sexist and says she knows the boys will be misbehaving. Recently she has gotten mad and she moved the class by gender. We are also no longer allowed to have our phones, backpacks or water. She says we are not allowed to go to the restroom or get water and we can’t have water bottles. She has also put all the blame onto the boys in the class claiming the girls would never have a spitball. Is there anything legally wrong with this? If you need more clarification feel free to comment.
Topic:
School Related Issues

Answer:
 Having to put away phones during class is probably OK. Setting bags in the corner is also probably OK if you still have access to the necessary materials for class.

The water and bathroom restrictions are a no no. If the teacher is taking actual punitive action based on gender alone that's also a no no.

Your parents need to have a chat with the principal to let them know what is going on.


Title: Ex-Wife Wants To File Contempt of Court (Child Related Issues)

Question:
Divorced with a separation agreement.

&#x200B;

Agreement has a section titled "Telephone Access" that states:

It is agreed between the parties that when the Child is residing with one parent, the other parent shall have reasonable telephone access with the Child.  The parent calling, shall use good discretion as to the time, frequency and duration of any phone conversation with the minor children.  Additionally, when the Child is residing with one parent, they shall be permitted to make reasonable calls to the other parent, without interference from the residential parent.

&#x200B;

Now, she is saying that I am preventing her from speaking to our son on the phone and violating the agreement. She says I am not allowing her to speak to him once a day.  She wants to send him to private school which is $1300/mo (I can't afford it), and claims I'm not communication with her about things that pertain to him (I don't even know what this could possibly mean).

&#x200B;

Anyways, I went through our call log from when things went from amicable, to ugly (May 15).

&#x200B;

Note, he goes to bed every night at 8. We bathe, read books, get PJs on, etc. all around 730, and at 8 it's lights out. He's 3 y/o and it's been this way for at least 2 years now. She's called numerous times at 8; to me that is not reasonable.  He also naps from 1:30-4:30p.  Again, there was a missed call around this time frame; not reasonable.  There are other missed calls, in which you can see I  called back within 5 minutes.  This could be because I was in the shower, not near my phone, outside with my kid, etc.

&#x200B;

What should I do here? Allow her to take me to court, don't get a lawyer, and prove my case?

&#x200B;

\[Imgur\]([https://imgur.com/Zv9IASE](https://imgur.com/Zv9IASE))

Answer:
 **Not in communication with things that pertain to him:** doctor's appointments, school reports, anything really that has to do with his day.

**How to fix:** Send her a text or email once a day letting her know what happened. 'Adam had a good day at school. He had chicken nuggets for lunch. They painted pumpkins.' Annoying? Yes. But good co-parenting practice.

**How to deal with phone issue:** "\[Mom's name\], we have a very set schedule at my house. Adam is always in bed by 8:00 pm which is when you call. Would it be possible for you to call at 7:00 pm instead? I agree it's important for the two of you to talk but Adam needs the structure as well." Then call her at 7:00 pm with your son. If she doesn't answer, that's on her, but you've at least tried.

I am not a lawyer but this is what my friend who is in a high conflict co-parenting situation has to do to protect herself from bullshit contempt. He still files against her and drags her to court but she wins every time.Answer #2: In the last month and half, how many times has she been able to talk with the child?


Title: [Minnesota] My employer cancelled by health coverage while I was in rehab and now I'm left with a $7000 bill. What should I do?

Answer: Don't panic (yet).  Worst case you're likely eligible for COBRA to continue your coverage from the date of termination.  First step is to talk with the benefits people at your company to understand what happened.Answer #2: Uhm. We need more than that. Were you out on leave, fmla, did you quit, get fired. What reason did they give.


Title: Was rear-ended. Now their insurance insists I use one of their shops. (OK)

Question:
Was rear-ended the other day, luckily there are no known injuries.  Now their Progressive insurance agent is insisting that I use their service depot.  The damage appears to be only aesthetic, but it could have shifted something vital on the body.  Given their behavior and my past dealings, I don't trust the agent or their shop to operate in my best interest.

* Can I legally use any body shop's quotes?
* Let's say I wanted to sell the car.  Would a Carfax report now show that I've been in an accident, lowering the value of the vehicle?
* What would you do to prevent getting screwed over?
* Should I postpone a settlement in case of any medical issues?  I do already have an injured back from my time in the Corps.

Final question.  I'm the middle car.  The car in front is claiming all kinds of damage from the accident.  In fact, I've got like 10 minutes of video of him trying to claim damage to his vehicle.  However, the video clearly shows that I did not cause any damage to him.  In fact, I'm pretty sure I didn't even touch him.

* Should I be concerned and/or alert the Progressive insurance agent?  I've mentioned it initially, but they seemed uninterested.
Topic:
Insurance

Answer:
 You hint at it in your second bullet point, but you are entitled to the diminished value between what your car would be worth without an accident and what it is worth now.

Most insurance companies won't offer this to you unless you ask for it.


Title: Signs keep getting put in my yard

Question:
I just bought a house in WA state and there are real estate agents that are putting their yard signs in my yard. I know my property line because I bought a few acres and walked its perimeter. I can see how the real estate agents might not know that the land is mine because it is in a place that is forested with no buildings around off the side of the road. I really don't like these signs because of there was a bunch of old signs there left to rot on the ground when I moved in that I cleaned up.

&#x200B;

I want to remove these signs and not have any more unsolicited signs put on my property. Can I just throw their signs away? I am not in a financial situation where I could go to court and pay a lawyer to represent me (if it got to that point).

&#x200B;

\*Do I have any options?\*

Answer: Have you told them it's your land and to stop?Answer #2: They’re trespassing. Presumably, the signs either have contact information listed right on them or list the company name. Inform them that they’re trespassing and damaging your property (you mentioned development signs, so I’m guessing they’re pretty big ones?) and if they come onto your property and leave signs again you’ll be pursuing legal action. It costs you zero dollars to go to the police and report trespassing. Posting signs on your property is advisable, and someone else mentioned trail cameras, which is a good idea.Answer #3: Fence off the property line. Or put in a formal complaint with the real-estate company that's doing it. You could also put up deer cameras on the trees to catch them in the act. They are motion sensor and have time and date stamps. So you can get a general idea of when they are doing it.


Title: My work just informed me that, for the next 40 days, we're going to mandatory 7 days a week. Is that legal?

Question:
Like the title says. I'm in Nebraska.

Edit - it appears that it's not illegal, just kind of shitty. I'm already averaging 20-30 hours of OT a week, so I'll just work until I die.

Ugh. I need a nap.

And I like my job. I already work a bunch of hours. I was just curious on behalf of the low-skill machine operators that are paid $9-10 an hour and are treated like garbage. I always feel really bad for them because I'm treated poorly but at least I'm paid pretty well.
Topic:
Employment Law

Answer: I hear so many people say that unions are no longer needed; that their time has come and gone.  This situation is a perfect depiction of how a union could level the playing field between employer and worker.  Dont get me wrong, some unions are bloated and waste their member's money.  Similarly many employers treat their employees well and understand the value of that relationship.  But when a worker is faced with an employer like this, he has absolutely no power.


Title: [TX] Minor Being Forced to Take Unnecessary Medication

Question:
Hello, I’m writing this post with permission for a friend who is located in Texas. They have a history of anxiety and used to take prescribed medication, however they have stopped the medication as they have since recovered and learned how to manage on their own. And not only that, but the medication makes them feel physically ill, to the point where it causes dangerous anxiety attacks, and nausea to the point where they will stop eating for prolonged periods of time.

My friend person lives with their parents as they are a minor (16y), however their family will physically hound and force them to take the medication despite their best protests. They are relentless and I do worry about the situation possibly escalating further.

I am not a licensed medical professional, however it’s absolutely plain to see that they are suffering, and I am seriously concerned for their long term mental health. They are currently not seeing a personal or dedicated mental health professional and they are not able to get into contact with their physician.

What can we do in this situation? I wish I could help more, but I am located in California, unable to immediately do anything other than offer support. Is there anyone we can contact and reach out to? Any and all advice is greatly appreciated.

Answer:
 The reason your friend thinks they can manage the anxiety themselves is because the medicine the family is forcing on them is actually working. It's a known cycle with anxiety and depression medicines. The friend can ask her family practitioner to refer them to someone. Answer #2: It can take months, or even years, to find an anxiety/depression med combo that works; and the reason is many of them need time to build up in your system. Your friend going off and on his/her medication is likely a factor in their anxiety attacks. Fucking with brain chemistry is no joke.

If your friend is really struggling, and it is possible they are, I suggest asking their prescribing doctor for a referral. Most doctors just want to help their patients, let them. Answer #3: Some antidepressants are known to cause significant side effects like increased suicidal ideations in children and teenagers. It's well documented.

However, it is extremely unwise for your friend to just go "cold turkey".

A visit with their doctor is essential at this point.


Title: Order of Protection and law school admission (AR)

Question:
Hello!

Recently i lost an order of protection case against an ex-girlfriend who claimed I beat her. (I didn’t. She attacked me in my own home and destroyed a bunch of my stuff and I defended myself. We are of similar size and she’s violent and crazy.)

I was planning on applying to law school in the next few months.

Will this affect my admission at all?

Answer: Yes, because law schools don't like to accept students who might have trouble getting admitted to the bar.


Title: Illegal Eviction Michigan- Lots of retaliation- Amish Lady is the landlord- No idea what to do.

Question: [deleted]

Answer:
 Calm down.

If you show up in court and the two of them are in hysterics and telling wild stories, and you are calm and collected, you can bet that the judge is going to find your story more reasonable.

If at any point you feel unsafe, call the police.

Stop speaking to them about the upcoming court case.  Ignore their calls.  The only time you have to actually speak to them again is in court.


Title: Husband was scammed

Question: So my husband was walking through our neighborhood (Brooklyn,NY) and a man approached him asking him if he'd like to buy an iphone 6S. My husband was apprehensive about this but the guy was very persistent and said that he really needed money for his kids. My husband went ahead and got him to lower the phone price from $450 to $300. He purchased the phone and then it turns out that it was a dummy phone and not an actual iphone. It has software installed but it's definitely not Apple. He took it to a verizon store to test the sim card and it did not work. The verizon employee told my husband that the serial number on the phone is linked to a stolen device. My husband reported the incident to the police and they said there is nothing that can be done about this because they agreed to the transaction. My question is regarding the serial number- is it a coincidence that the phone has a serial number associated with a stolen phone or is that device an actual stolen phone? The hardware for the phone looks real but the software does not. Also, besides selling the phone, which we would not do, what else can be done with it?

Answer:
 > is it a coincidence that the phone has a serial number associated with a stolen phone or is that device an actual stolen phone?

I have no idea, and that's really not a legal question.

> Also, besides selling the phone, which we would not do, what else can be done with it?

It might make an interesting paper weight!


Title: [TX] Ex-Wife Is In Jail - What Are My Custody Options?

Question:
She is the primary conservator. Our divorce has only been final for about 4 months.

Last year she was pulled over, caught with alcohol on her breath, and taken in. She hired a lawyer but skipped out on her court dates. Saturday she was picked up on a warrant. Outside of that, I don't have much info.

I'd like to try and get full custody of my daughter. How can I use this to my advantage? I don't want a dirty fight, I just don't feel she's in a stable environment.

Answer:
 Talk to your lawyer.

If there is other evidence your ex is an unfit parent, your lawyer may or may not make mention of the DUI as an indirect corroborating factor.

Without an otherwise existing fitness concern, the DUI probably matters little. Answer #2: You likely won't get full custody out of this right now.

But you should considering filing a motion, right now, to modify the custody order.  At minimum, the court will favorably consider entering an order limiting her ability to drive with your daughter in the car, and possibly consider supervised visits during the pendency of the resolution of the Failure to Appear charge \(almost certainly a Class A Misdemeanor due to the potential sentence on the underlying offense\).  The DUI charge is not a huge deal; the failure to appear makes it a huge deal, at least in custody\-land.  Answer #3: As a practical matter she is not going to be in jail for very long.  For all you know she might already be bailed out.  Skipped out or not, she is still innocent until proven guilty.  You are going to need more evidence than this to obtain full custody.


Title: [US] [KY] What are the legal ramifications if I punch my work supervisor right in the face?

Answer:
 If you are lucky, misdemeanor assault, punishable by a year in jail.

If you are unlucky, or have a tremendous right hook, felony second degree assault, punishable by 5-10 years.

I would advise you not to punch people. Act like a grownup and find a better way to resolution.


Title: My teenage son brought a kid home with today. TX

Question:
So my oldest son came home from school today (he rides the bus) with an extra kid. This kid is 17 and says his parents threw him out last July 2 weeks after his birthday. They told him in Texas as a 17 yr old he was an adult. I guess he had been living behind one of the local 7-11's then it got cold. He went to school the first week this year then disappeared, then showed back up today hoping to find a friend to let him stay the night. My son and this kid were friends until he disappeared after school started.

We talked to our son, we talked to the kid. I spent some time looking online for WTF do you do when your kid brings home a stray kid and ran across the national center for homeless kids number.

I called them, they said to call the police to make sure he hadn't been reported as a runaway. Did that. After an interesting conversation with the police they informed me that the kid hadn't been reported as a runaway or as a missing person and the parents were wrong about him being an adult (which I already knew). They recommended I call CPS. Which I did.

So I called the 800 number for CPS to file a report about this kid. Answered their questions. Which include but are not limited to, yes he can stay here. No he isn't in immediate danger. Yes we're willing to let him stay. No as far as the police are concerned he isn't a run away. Yes we want him back in school.

So I know someone is supposed to come within the next few days to check on him and talk to us. I guess it's not an emergency because he is currently safe?? Just wondering what exactly my husband and I can expect?

TLDR: my kid brought home a stray kid what the fuck am I supposed to do/expect now?

Answer:
 Sounds like you raised a really good kid, good luck with this.  Retain rights to the movie.Answer #2: At my grandpa's funeral, my Grandma said to me, "Uncle Dave was always bringing home stray dogs and that drove me crazy, so when he brought home Uncle Jim it was a nice change, and his home life wasn't very nice, and he did chores without complaining, so I let him stay". And that's how I found out at 33 that my uncle was not my real uncle. True Story. Not helpful at all legally, but something to think about. Answer #3: Not legal advice, but thinking ahead to after he's in your care [A Sense of Home](http://asenseofhome.org/) is an organization I would really recommend looking at. They're a charity that works with children who mature out of foster care and are left without enough resources to support themselves as "adults" right off the bat.
(I know this case isn't a typical "foster" but we have a great relationship with the founder, feel free to PM me for anything!)


Title: [mississippi] explicit tshirt

Question: I have a tshirt that says "karma's a bitch right". I was told that I couldn't wear that in a convenience store earlier and I was wondering if this was true. Is there a law against me wearing this shirt in public places?

Answer: Wearing it on the sidewalk, no. Any business owners can kick you out for it though. Businesses like convenience stores are open to the public generally, but they are not "public places".


Title: I want to yell and use extreme profanity as part of a marketing gimmick when cold emailing potential clients and customers.

Question:
I have a product, where I basically want to make a brand literally called "FUCK YOU <Insert Product>".

I want to send emails to decision makers in businesses basically saying something along the lines of:

"Listen here, you little shit. I have this goddamn product that is superior to your current system.

Suck my dick.

I will fight you to prove my product's value.

What the fuck are you waiting for?"

I'm being remarkably vague and general in this example, but along those lines.

I have no idea if this is illegal and what to expect. I do not intend to harass anyone if they ask me to stop contacting them. I will honor that.

The premise of doing this is to stand out from the dozens of emails most of these guys get every day with similar products.

Based in florida, would send to people all across the United states.

Also to note, I plan on purchasing a domain name with the words "Fuck You" in it. Any issues on that front?

Answer:
 Using someone else's trademarks in your own branding is going to get you sued, and probably quickly if you make an obnoxious ass of yourself like this. It's trademark infringement.

I'll refrain from commenting on your market research.

You can use profanity in domain names. For example:

    Domain Name: fuck.com
    Creation Date: 2001-02-09T21:10:07.0Z
    Updated Date: 2017-02-06T19:40:07.0Z
    Registrant Name: Ideawise Limited

You'll need to comply with the recipient's jurisdiction's regulations on unsolicited commercial email, such as the CAN-SPAM act.


Title: Can you plead the 5th during a traffic stop (US,CA)

Question:
What are you required to tell the police officer by law when pulled over? Basically I wan't to know what I must answer and what I can plead the 5th to if anything?
Thanks!

Answer:
 You are required to give your license, registration and insurance.  You aren't required to answer any questions.

Now I'll say something rather unpopular on Reddit.  There are times when answering some basic questions and being a nice person during interactions with the police can be beneficial.  If you apologize and take responsibility for, say, speeding, you might get a warning.  If you cite the fifth amendment and refuse to say anything, you are pretty much guaranteeing yourself a ticket -- and probably the most serious ticket the officer can legally give -- rather than having any hope of a warning or a downgraded ticket.

Obviously, whether answering questions is a good idea depends on the circumstances and what the officer is asking you about.


Title: LTD Pre Existing Condition

Question: I am looking for disability insurance as a self employed individual. I applied through Mass Mutual. My current primary of 1 year supplied my current medical records. My primary of 15+ years did not. 8 years ago I had simple back surgery (laminectomy and diseconomy), retuning to work only missing 1 day for surgery and 1 day for recovery.  I have no idea how Mass Mutual got word of this condition as there is no record of it at my current doctor. They are attempting to exclude it from my coverage. How long can they look back for pre existing conditions? And how the heck could they have legally gotten this information?

Answer: Insurance companies can legally obtain any health information about you no matter how old. They may have received it from an electronic record that was created by the insurance company who covered it. In order to assess what type of risk you are, they look up how much money has been paid on your behalf in the past. Disability insurance is not like health insurance. They can exclude you for anything and everything. A huge number of disability claims are back related, and you pose a greater than normal risk because of a past surgery. Maybe the underwriter(s) felt you believe this as well because you withheld this information on the application. Who knows, but it is 100% legal.


Title: Mail was opened by USPS and item containing Social Security Card is gone from package

Question:
Thanks in advance for any advice anyone here can give. The situation is that my girlfriend and I live in WA, and her mother mailed a package containing 2 coloring books, 1 containing her Social Security card. Upon receiving the package, there were 2 stickers saying "rewrapped at seattle network distribution center" and "were sorry that your article was damaged during processing". Apparently there was a note on the cover of one book that mentioned the SSN card, however foolish that may have been. The book with the note and the card are both not in the package. I may post a few more details later, but i was just hoping to get some opinions on what options she has. It seems all the USPS offers is to file a claim. Identity theft is obviously a concern.

Thanks again

Edit: words

Answer:
 It probably looked like your girlfriend's mother was trying to hide things (since she was) which turned up suspicious on package scans, which caused them to open and inspect the package.  Instead, she should send it via certified mail if she's concerned for its safety next time.

File a claim, monitor your credit.  If you suspect your identity has been stolen, follow the [process here to protect yourself.](https://www.identitytheft.gov/)


Title: My employer put a GPS system in everyone's vehicle that also tracks if the employee brakes "too hard" or accelerates "too quickly". We are being graded based on these errors using an arbitrary number that the owner has picked. Scores under a 90% is failure. He takes $500 from us when we fail.

Question:
EDIT: The GPS is in company vehicles. Not our personal vehicles. Sorry for the mistake.

The $500 that was being deducted would come out of my bonus/commissions, not my salary. Sorry for any confusion.

Hello r/legaladvice,

Like the title says. My owner is doing some things that I feel aren't legal. I've also requested specifics regarding these violations so that I can avoid them in the future. I am in the US and in Texas.

I'm assuming that I'm penalized when I surpass a certain RPM too quickly or apply too much pressure to the break pedal. But either the equipment isn't accurate every time or there are other variables involved because I can't seem to pinpoint what I need to do to eliminate my errors (that's just when it's within my control). The owner will not give me the guidelines to these violations so I don't even know what to not do.

After implementing this system he felt that anything below 90% (I do not know where he got this percent) would be treated as a failure for that quarter and penalize anyone who failed by taking $500 from their paychecks. I received an 89% so I was penalized. It was than discovered at a later date that the system will often times give employees a score of 99% when they hadn't even driven that day. So he changed the failure score to 89%, but would not reimburse me despite the inaccurate measuring.

I know there are things that every driver can do to make themselves better but it seems half of the time when I receive a violation it's the result of another driver which makes losing $500 even more frustrating.

I guess my concern is, can my employer create whichever kind of rules he'd like to and penalize us for whatever amount of money he wants to penalize us for not following those rules?

Thanks!
Topic:
Employment Law

Answer:
 Texas lawyer here:

You should go have an initial consult with a lawyer that does only or primarily employment law. Since they usually work on contingency, most initial consults are free.

And stop putting stuff on Reddit. It's all discoverable and admissible in court. But don't delete the old stuff as that's spoliation of evidence and may also be a crime.


Title: I revoked my two weeks and my boss accepted it but fired me and is now saying she's accepting my two weeks?

Question:
Two weeks ago I put in my two weeks because we where understaffed and I was extremely stressed out. However during that two weeks we put in new employees and work was running and I told my boss I would like to continue working there. She accepted it and even last Friday asked about me working certain shifts for the next week and had me on the schedule for the next week until about an hour ago. She removed me without any heads up and when I called her she said I wasn't fit to be working there and that everyone is stressed. I asked her if I should take this as me being fired because we talked about me working further than my two weeks, but she said she was just choosing to accept my two weeks.

Now I know my fired and all that jazz but she's going about it that just makes it go on my two weeks that I had previously put in.

I can't get unemployment and I haven't been putting in applications either. Is there a way I can report her, so she doesn't do this to other people?

Answer: You can appeal the unemployment decision and see if the office of unemployment buys your story over hers.


Title: Friend planning to run away at 17, I'm trying to think of all the legal consequences

Question: Title explains most, he lives in Western Kansas. He isn't dropped out of school and has a job at a Walmart in which he hasn't actually quit, and is just planning on never showing up instead of telling them. What could go wrong with either of these situations? He's trying to stay "hidden" until 18. Are there any other legal issues he'd be facing? Thank you.

Answer:
 [So your runaway friend isn't you or your underaged gf from 19 mins ago in your post history](
https://np.reddit.com/r/homeless/comments/6vo3az/soon_to_be_homeless_need_to_know_what_to_do/)?


Title: (Texas) Neighbors' new fence is on my land, right before construction is supposed to start on my new garage. Can I remove the fence?

Question:
My neighbors had a fence put up two weeks ago.  It is located on my property, 20' from the property line.  I have no idea why this happened. They are very well aware of the lines of the land. I had a survey done two years ago and put a boulder at the property line. They had a survey done right before doing the fence and it was consistent with the survey I myself had done. The surveyor put flags in the ground to mark it for them, and the fence is very clearly located very far onto my property.

Meanwhile, I started the process of having a garage built about several months ago. A month ago we made everything official and set a start date of this upcoming Monday. The neighbors' fence goes right through the middle of where the garage is supposed to be.  He is supposed to start on Monday.

I have been trying to contact the neighbors for ten days now.  I have called, sent Facebook messages, gone over to their house, everything.  They are obviously avoiding me.  I saw them outside grilling last week and went over to talk to them, and as soon as they saw me they turned off the grill, abandoned their food and rushed inside with their kids. I knocked on the door and no one answered.

I got someone to come out from the surveying company they used for their survey and write a simple report saying their fence is over my property line by 20 feet. I sent them a copy of it via certified mail and asked them to arrange for the fence to be moved ASAP due to my construction plans.

They have not responded.  I checked with the contractor to see if we could delay construction on the garage but he said that they are booked solid and if we delay, we won't be able to have the garage built until May at the earliest if we use this company.  They are the ones who own the rights to the garage plan and I have already paid them for design work on the plans, so if I go with another company I will lose money and start from scratch. Shitty situation all around.

The contractor's suggestion was that they professionally remove the problem section of the fence professionally and as safely as they can to avoid damage, and put the fence pieces on the neighbor's property, then bill them for the cost of the work.

However I am not sure if that's legal.  Can someone give me some insight as to whether I can do that?  Or if there's any other way to get this handled quickly?

(Similar threads mention police.  I asked them if there was anything they could do to help and they said no, this isn't the kind of issue they deal with. They also did not know if I can legally remove the neighbor's fence and put it back on their land.)

Thanks.

Edit:  Added clarification to garage stuff

Answer: I'm a surveyor and just went to court over something very similiar. Look up "spite fence" and yes you can legally take it down. Answer #2: I'm not a lawyer, but I am a land surveyor...obviously not legal advice, but if it was me I would take the fence down and make them sue me not the other way around. In other words, call their "bluff". As everyone has said, document everything and remove the fence as cleanly as possible and put it back on their land. But I'd be damned if I would allow them to take my property like that. Either way, good luck!


Title: Lead poisoning from my kitchen table? Cause for legal action?

Question:
Hey all, my wife and I currently live in Texas and bought a farmhouse table with a metal top from Anthropologie a few years ago. Recently we learned that our 2 year old daughter has excessively high blood lead levels. We tried to think of anything that could be causing it, called the water department, had an inspector come out, and couldn't find any significant source of lead. Then while eating today at our kitchen table, I realized it could be covered in cheap sheet metal from China with who knows what in it. Got out my Lead Check swab stick, swabbed the tabke, and it turned blood red, pretty much the highest intensity of lead possible. I repeated the test on a separate spot just to make sure and got the same result.
I called Anthropologie, they referred me to the Service department. Called the Service department and was told I could return the table at my own expense if I had a receipt (which I don't since we bought the thing years ago). I asked the service rep if she was the least bit concerned about thousands of people eating off of tables sold by Anthropologie causing lead poisoning. She said since the tables were no longer for sale then it was not something that could be changed at the manufacturing level. I said that was very obvious, but that a company that cared about it's customers should be concerned enough to consider a recall and at least do some investigating. I offered to let them even use my table for testing. She said she would pass the information along to "the vendors" whatever that means.
What do I do now? I would like to get rid of this thing ASAP, but I sincerely believe this same product could be causing excessively high lead levels in thousands if homes and I should pursue some form of legal action.
Edit: The table is called the Modern Farmhouse Table. My wife and I read the description and it says that the top is made of galvanized metal!?! I have a screenshot of it for records.
My wife -- who has never previously suffered any kind of mental disorder -- also has had some depression and panic attack issues in the last year. She has seen her doctor several times and been on several medications. After some quick Pubmed research, it looks like the elevated lead levels could easily be the culprit. It makes me sick to think that we have been eating off of this thing for years, the kids have been sitting at it for crafts, games, etc.

Answer:
 Just reposting this part as a direct reply to OP in case he's only monitoring his inbox.

OP has a product liability case, which can be brought against any/all level(s) of the supply chain.  The retailer is the most obvious target IMHO, but product liability is not really my thing.

It may be difficult to prove causation, but that's for your lawyer.

Also contact CPSC to warn them of the problem. ETA: and to have them do a recall.Answer #2: Seems to me this is something consumer protection groups would be interested in.Answer #3: report it to the feds https://www.saferproducts.gov/CPSRMSPublic/Incidents/ReportIncident.aspxAnswer #4: might want to email Tamara at http://leadsafeamerica.org/ She might have some advice/contacts


Title: I am experiencing what seems like an incredibly illegal situation at my job, including having a week of pay withheld, and I need some advice on how I need to proceed.

Question:
I am working at a retail store, for 5 weeks now. I received my first paycheck yesterday, and I was only paid for 83 hours, even though I have my timecards to show that I worked 104 hours, plus 3 hours in mandatory meetings. When I asked my manager about my paycheck discrepancy, I made a mistake in my math, and said there was an 18 hour discrepancy. She went on to explain that those hours were part of my "voluntary participation hours". When I told her that I never signed any documents agreeing to allow myself to work for a week for free, while selling product and making a profit for them, she informed me that I verbally agreed to it during my interview process, even though at no point in my interview were wages discussed- neither my hourly wage, commission, nor any mention of "voluntary participation hours". When I asked her for a copy of the company policy stating that this is the case, she provided me with a Word document, listing a breakdown of what the 18 hours are for. It should be noted that I have now heard from several of my coworkers a different amount of hours being withheld, from as few as 8 to my 24.

The paycheck being withheld is not the only concern I have. We are not being paid for when we are actually at the store. We must arrive 10-15 mins early when opening the store, and complete those duties, before we are allowed to clock in at 10. At the end of the night, we stop getting paid at 8:15, even though we frequently get out of the store around 8:50, if not later.

Having now voiced my concern with my manager about my pay, she has now cut my hours, and moved my location. I am the top seller in the stores, and I am recognized by her for such, yet my hours are still being cut. (I don't know whether this is worth noting, but when we receive our schedules, it is on Sunday for that Monday-Sunday, and the store location we work at can change at a moments notice. And there are mandatory meetings that are held, with less than 8 hours notice in some cases.)

There are some insanely shady things going on at this place, and I am getting taken advantage of. I could detail more things that are occurring due to terrible management, but I do not feel they are as illegal as the withholding of pay and modification of hours worked.

I have all of the emails and schedules, text messages and forms in my possession, if any are needed. Thanks for any advice.

*edit- This is located in Nevada.
Topic:
Labor Law

Answer:
 Complain to your state department of labor about unpaid wages.

Find another job.

Tell your co-workers to do the same.

Answer #2: You are entitled to pay for all hours worked. There is no such thing as unpaid hours. "voluneteer hours" don't exist, so you're owed for those hours. You also cannot be at work opening and closing without being paid, so the 10-15 minutes before, and the stuff after 8:15 also need to be paid. You are owed back pay. Contact your department of labor immediately as well as start looking for a new job, since you're not likely to have (or want to have) this one much longer after contacting DoL. Also when they fire you for sicing the DoL on them, do not forget to claim unemployment, and if denied because it sounds like this store will lie and say you were a bad employee and don't' deserve it, appeal the decision.

Finally IANAL so I can't tell you if having hours reduced as retaliation for complaining about illegal practices is itself illegal. Someone else will have to cover that.


Title: Neighbor in section 8 apartments keeps calling landlord, they're threatening to evict us both for her phone calls.

Question:
This lady has been complaining nonstop about nothing. The paper thin walls and shared porch weren't our design choices. Our 2 year old waking up at odd hours (especially when Dad works late) isn't abnormal. Her calling constantly about it is.

I've had to call once because she threatened to shoot my cat.

What the hell do I do?

Answer:
 are you on a term lease?  are you in violation of any clauses?

courts aren't going to evict you because a two year old is crying


Title: [US][OH][MI] Sister is endangering her children repeatedly, grandparents interested in suing for custody.

Question:
Hi all, I searched a bit for a situation like this as far as posts are concerned, but couldn't find anything similar enough to satisfy my curiosity, so here I am posting this.

Here's the deal then, my younger sister has 3 children and has been living in Ohio with their father (her husband) in what you could call a "maddening pit of chaos and uncertainty".

Her husband has been abusive to both her and her children prompting her to flee to our parents home in Michigan numerous times over the past few years. Her husband has serious anger issues as well as a profound disinterest in the children. He has hit her, choked her, kicked her, and done all of these things to his oldest daughter. The latest reported incident being him kicking her and bruising her back.

My sister has refused to press charges up until recently and has since filed an order of protection against him which is a good step as he is now out of their house.

This is where it gets tricky I think. She has no job, no source of income save for child support and some social security benefits IIRC. She refuses to find work (not that she could afford a sitter) and has burned every single bridge built for her in these past years.

We've called CPS on her numerous times when we've found out that her kids don't have access to food, have lice, and no clean clothes. She has invited people to her house to party and do drugs and so on, we have evidence of this.

Sorry to make a long story out of all this, but it's been an emotional roller coaster these past few days as she has moved out of her apartment and is now living in the living room of a friend who is a meth user.

The rest of her family want her to let her kids stay with their grandparents, but she refuses and this cycle of neglect continues.

My question is whether or not suing for custody is possible and worth pursuing. Clearly this isn't an easy thing to do, but we're terrified for the safety of her kids and she seems hellbent on doing as she pleases regardless of how it affects her children.

Sorry for my rambling, I'm just at my wits end.

Answer:
 >My question is whether or not suing for custody is possible and worth pursuing

No.  If CPS is not going to remove the kids from their parents, there is a 0% chance a court is going to rip kids away from their parents.  And that is without even looking into whether or not grandparents have standing to sue for custody.  Answer #2: What does CPS say when you've called them?