Title: Is it illegal for my employer to make me pay for the shipping costs to return company equipment?

Question:
I recently gave my two weeks notice to my employer. I work from home, and I have a lot of office equipment that was provided to me by the company when I started working there (computer, monitors, mouse, keyboard etc.).

I am planning on returning the equipment, but I wasn't expecting them to make me pay for the shipping costs. I never signed anything when they provided me with the equipment.

Am I wrong here? Are there any laws I can point to, so they incur the shipping costs?

I want to give them there stuff back, but they aren't making this easy for me.

Edit: I am in California.

Answer:
 While it's not a real stand-up business practice, there's likely nothing stopping your employer from expecting you to cover the costs of shipping these items back to them. [As you seem to understand] the items are their property, and you are required to get them back to them.

I think the best you can do here is to keep receipts of the shipping costs and deduct them an unreimbursed work expenses on your 2016 taxes.


Title: Am I legally married?

Question: From and reside in the U.S. and got married in British Virgin Islands in 2016. Got a marriage license while there and signed it after ceremony but no further actions taken once we returned home. Now that I am splitting with my 'husband' he says we are technically not married since 'nothing was filed' (assuming he means here in the U.S.). Is he right?

Answer:
 Don't take legal advice from the opposition.

Given that you completed the marriage license and have been carrying on as a married couple for four years, it's overwhelmingly likely that a divorce court would find that your marriage is valid even if the license was lost or not filed. If you've been filing your taxes jointly as a married couple, telling people in your lives you were married, and otherwise conducting the ordinary business of two married adults, that strengthens the argument your marriage should be recognized. Some states _are_ picky about this, but even then you should not write off your marriage out of hand.

If your husband is trying to dissuade you from seeking your share of marital assets, spousal support, or child support on the basis of a "technicality," take that as a strong sign that he will not negotiate your divorce in good faith and that you should speak to a lawyer.


Title: Girlfriend got "summons in lieu of arrest warrant"

Question: So my girlfriend is 22 and never been in trouble. She got in trouble in a tabc sting for selling alcohol to a minor about 2 months ago. She got a letter saying she has to appear in court on "summons in lieu of arrest warrant" but there is a bond on it for $4,500. So does that mean we will have to pay a bond when she shows up to court or that's what it will be if she doesn't show up? I'm just really confused and advice would be really appreciated. She doesn't have a lawyer yet. She is 100% guilty with proof from state police. How would you recommend she plead if she doesn't want to just take a class a misdemeanor and wants to get a lawyer involved? "no contest" or "not guilty"?

Answer:
 Get her a lawyer, show up to court.

The $4,500 is the bond amount if she were to have been arrested initially, I believe.


Title: Yes I am a DUMB ASS Cracker -- I co-signed on a loan for a truck. ex-BF not paying.

Question:
I should not have signed on the loan in the first place. ex-BF left my state in early March 2014 because he got a DUI in Texas and was forced to move there. He took the truck and promised to make payments. Since he left I have made every payment to protect my credit.

He let the insurance expire and has not registered the truck in the state and the plates on the truck expired at the end of August. Last week he told me if I sent someone to get the truck he would shoot them (yes he does have guns).

The last time we spoke he said he was moving before Sept. 20. He has stopped responding to my texts and phone calls.

Do I report the truck as stolen? Do I report it in my state or in Texas? Do I notify the bank that holds the loan? Do I send someone to get the truck?

I am too nice, I know if I report it as stolen he will go to jail (he is there because of a DUI). He is ex-military (not sure why I felt I needed to share that). I do not really want him to go to jail, partly because I would feel bad and partly because I fear he will seek revenge.

Answer: The truck is not stolen so you can't report it stolen. You also can't send someone to get the truck, because then you (or they) would be stealing it. Your recourse is to make the payments then sue him for the money you are out.


Title: [OH] Breaking a lease on our rental home. Lease says we will only lose security deposit, landlord insists we will have to pay remainder of rent if they don't find someone to move in.

Question:
My wife and I are 5 months into a year-long lease. The rent is too high and we are just breaking even financially. This isn't the landlords fault, however we need to do what's best for our family. We checked the lease and it only states that we need to give 30-days written notice if we plan to break the lease early, and that we will forfeit our security deposit. We considered it an acceptable loss if we found the right place before our lease was up.

Well, we did! So we gave the landlords a heads up well in advance of 30 days, and now they are telling us that if they can't find anyone to occupy the rental within 30-days of us moving out we are responsible for the rent.

That isn't stated in the lease we signed. If it were we would have never started looking. I have found a couple [random websites](https://www.nolo.com/legal-encyclopedia/tenants-right-break-rental-lease-ohio.html) that back that up, stating that it's state law in Ohio. However, they don't cite any actual sources for that, and I can't find it in any official capacity. Also 4 out of 5 people who own rental properties that we've asked say they've never heard of it.

So I'm hoping someone in here could shed some light on it for me.

Thanks!

Answer:
 It's not stated in the lease because that's just how common law works with a contract. Your landlord is entitled to be compensated by the party who breached the contract. He rented that place to you in lieu of having it available to rent to someone else. When you signed the lease, you agreed to pay the money for the duration of the lease. He has a duty to mitigate his damages by renting the place again, but if he can't find someone, you have to pay that difference because that's the agreement you had with him. Answer #2: Yes in OH except if there is explicit language in your lease stating differently, your LL has a duty to mitigate damages here.

If he does undertake a reasonable effort to re-lease the place and cannot find someone you and your wife could be found liable.


Title: Ex wants me to pay her after 2 years

Question: My exgirlfriend and I bought a bed together using her credit card. When she moved out she left all of her stuff. She told me she wanted the bed and would eventually pick it up. It's been two years and now she told me I can keep the bed and she wants me to pay for it. She also wants her dishes and clothes and all of her other stuff back. I'm gathering her items so she can take it but I dont want the bed. I bought a new one and was under the impression (because she said she wanted it) that I was just holding to it for her. It's been in storage, I have a new bed, and i dont feel i should have to give her the money for it. I told her this and she may take it now. I've moved since we broke up and some of the dishes are missing and i dont even remember half of the items she is asking for or where those could even be. If she decides to take me to court (if she feels petty enough) but she takes the bed am I obligated to pay her for the bed and her few missing items? Is there a time frame for me holding items for her. I havent heard from her in about a year and every conversation I've had about the stuff shes left has been "oh, yeah. I want my stuff eventually" but theres never been a specific date. I just got a text from her saying she no longer wants the bed but wants me to pay her for it. I'm just worried because I now have school loans and dont have 500$ to flat out give her for these items.

Answer: Tell her no. You're not obligated to pay for anything. She may attempt to sue you for the missing items and half the cost of the bed. If that happens, appear in court and provide the judge with the information you have provided us. She will get to explain to the judge why she feels that she can use you as a storage unit for two years without compensation. Answer #2: Tell her it's her bed and send her a bill for storing it.


Title: Can my [20F] statements over text be used as evidence in a case I am not involved in, and have not spoken to any legal professionals in relation to? [Sexual assault case]

Question:
Hold on. This is gonna be a wild ride.

About three months ago, I broke up with my boyfriend. Things were not good between us, and very toxic from both sides. There was some physical stuff, and sexual coercion toward me. It was very emotionally painful for me, as I am a rape survivor.

Around a month ago, a girl who had been with my ex since we broke up reached out to me, and said he had raped her. As a rape survivor myself, I immediately believed her and sympathized with her. (Since he had been sexually coercive with me in the past, it didn't sound like too much of a stretch.) I exchanged numbers with her, and allowed her to speak freely about what happened to her. In response, I was open about some of the coercive behaviors I'd been through. She's only 18, the age I was when I came out about the sexual abuse I endured as a child, so I really felt for her, and was immediately open with her. I described a few situations where he hurt me that really stuck with me.

Come to find out a few days later that she's crazy. She threatened to break into my ex's house, calls him constantly from alternate numbers (like 15+ times a day), all that. I see screenshots of recent texts of her begging him to be with her. I blocked her, and we haven't spoken in weeks.

It occurs to me that this chick is crazy, and may be lying about having been raped. I found out she's pressing charges against him, and they're going to court.

 I really don't want the texts detailing my abuse to be used in court against him. Since I really don't know who's telling the truth, and have not been personally involved with the case, I don't feel comfortable having descriptions of my experiences being coerced into sex by him used. Personally, I don't even really feel comfortable with him finding out she and I spoke at all. Despite the toxicity, my ex and I managed to end things pretty amicably. I don't want to have to revisit memories of the way I've been hurt any more.

If I am not and will not be part of the case, and haven't spoken to anyone related to the case about it, can my texts still be brought up in court/used as evidence?

Thank you for all the help. I know it's a confusing situation, so ask questions if you need any clarification.

Answer: Your texts probably can't be used without your testimony, but you could be subpoenaed to testify if they believe you have relevant information.


Title: 6yr old son left alone for 2-3 hours each morning while on bi-weekly weekend visitation, would this qualify at neglect?

Question:
So, I just found out this morning that my ex has been leaving our six year old unattended for 2-3 hour each morning for about a year while he sleeps in. Three years if you don't take into consideration his old room mates that were much more attentive to him that his father was.

Under PA § 3490.4. section (C) and (D)
       (C)   A recent act, failure to act or series of the acts or failures to act by a perpetrator which creates an imminent risk of serious physical injury to or sexual abuse or exploitation of a child.

       (D)   Serious physical neglect by a perpetrator constituting prolonged or repeated lack of supervision or the failure to provide the essentials of life, including adequate medical care, which endangers a child’s life or development or impairs the child’s functioning.

Would this constitute as neglect? He has so far not sustained injury, but he doesn't eat until his father decided to get out of bed 2-3hours later each morning.

He is left with a TV and an Xbox and told to not wake anyone up unless its an emergency. This seems ridiculous to me, I couldn't imagine leaving our son alone for that long no matter the circumstance. He has an IEP for speech and communication skills because they are under developed skills and I am having him see a behavioral therapist as well as he has a tendency to act out. I am Bipolar, his father had ADHD and tourettes, his behavioral tendencies are likely due to some combination of these things, but we are still in the process of any diagnosis.

I just don't want to see my son come to harm because hsi father wants to sleep in on the weekends... and he's being stubborn, convinced he's perfectly fine being alone for this amount of time. Am I being overly reactive or is this something that I should involve our children and youth case worker in?

Answer:
 If he is not completely alone in the house, there is nothing to say that the father needs to be up and interacting with him.  In many houses, kids get up earlier on weekends, grab some cereal, and watch TV while parents sleep in.   The Saturday Morning Cartoon block exists for a reason, and most kids are fairly happy with this arrangement.

You can mention it, but I doubt they will get seriously involved unless it is hurting or endangering the child, which it isn't. Speech/communication delays have little to nothing to do with this unless he also has cognitive/behavioral impairments that mean he must be supervised more than a normal 6 year old.Answer #2: No, it is not against the law to be sleeping in your house while a child is awakeAnswer #3: So is the son totally alone in the house, or is the father just sleeping in? Answer #4: You're being a little over reactive honestlyAnswer #5: Sorry, but this doesn't seem like a big deal to me.  At four my son would get up and turn on the TV by himself until somebody else woke up.

Your son is not alone; dad is sleeping just a few feet away.Answer #6: Get over it.


Title: Political Party Due Diligence

Question:
Are there any laws that require a state political party to actively avoid being part of a crime?

I seek advice on how to compel a Vermont State Political party that I am a  voter of, donor to and member of

 from contributing to a criminal conspiracy.

&#x200B;

Situation:  A possible political candidate for office has obscured their finances and has a long documented history of financial crimes and is currently being investigation for crimes.  And has been implicated in other crimes.

And would appear to part of criminal conspiracy.

&#x200B;

His business has admitting in court to have willfully violated reporting and record-keeping requirements under the federal Bank Secrecy Act for many years.

The potential candidate admits to being audited for tax problems.

This candidate has a documented record of being untruthful.   Including being untruthful and misleading about money.

News reports suggest this candidate is using campaign funds for legal bills.

This candidates lawyer has plead guilty to financial crimes committed at the direction of the candidate including campaign finance crimes.

&#x200B;

 Members of a conspiracy are liable for the foreseeable crimes of their fellows committed in furtherance of

the common plot.

It is foreseeable that this candidate will continue to commit new crimes.

&#x200B;

It is foreseeable to a reasonable person that contributing to this candidate is to risk furthering a criminal conspiracy if not becoming party to a criminal conspiracy.

&#x200B;

What laws can be used to protect this state political party from financially supporting this candidate?

Answer:
 > What laws can be used to protect this state political party from financially supporting this candidate?

You mean "force".  You want to force a political party to disavow a candidate you don't personally like.

You can't do that.  If the party is implicated in a crime(and there's no evidence of that in your post), then the party will be sanctioned appropriately.  If you would like to make a change in the party, you petition or run for leadership as appropriate.

You cannot use the courts to force a political party to do your personal bidding.


Title: Client Won’t Let Me Post Pics of Job

Question:
I own a small landscape company in metro Atlanta and recently did a job for a client that was incredibly difficult to work with.  The job turned out AMAZING but this guy gave me hell all the way through.  After completion I posted before and after pictures of his property on our Facebook page.

This morning he texted and emailed me to take the pictures down as I was not authorized to post them.  He said he’d take legal actions to have them removed if I don’t.  Is it illegal to post pictures of someone’s property in this context?  Does he have any legal basis for requesting this?  Thanks!

Answer:
 >Is it illegal to post pictures of someone’s property in this context?

It is probably legal to post pictures in this context, and the property owner might not be successful in forcing you to take those pictures down.

Though posting pictures over the objections of your clients may have impact on your business reputation.Answer #2: From a professional standpoint, you should *always* ask permission before posting photos of someone's home online in this way. Perception is important in business. Maybe put this in your contracts moving forward, that you may use photos for advertising purposes and if someone balks then you know not to. If they sign, then great.

Assuming you took the photos: are the photos of his backyard, inside the house, do they show the front of the house? Address? Easily identifiable? Practically speaking do you have the resources to fight him in court, even if you win? Do you even want to spend the money to pay Yelp to remove the bad review he's about to post?

Normally I'd say he can pound sand but (a) need a little more detail and (b) is this battle it worth it?


Title: I traded in my car for a new one, and after two weeks the dealer is making me give up the new car.

Question: I signed all the paperwork and was told I was approved. Until tonight I came to the dealer, because I had to sign a new contract for a lower interest rate. Is there any legal action I can take my parents and I are emotionally distressed.

Answer: You need to explain.  Your summary tells us nothing.  Your second sentence is not proper english and is hard to understand.


Title: Teacher at my high school threw away my 50 pants

Question:
This happened about 5 hours ago after I got let out of school. I have my gym period as my last period of the day so that's important to know. Basically I always wear gym shorts underneath my joggers. I can't even feel them so I just wear em anyway. So I get ready to play some basketball and I decided to take off my joggers and throw them up against the wall. Time had past and it was almost time to go home. Ive never forgot my pants before so this isn't something I've done frequently also. So with like 5 minutes left in class this kid fell from on top the bleachers getting a ball and that caught my attention. I already had my back pack on so I completely forgot my pants when the bell rang. My parents pick me up then when i get home I remembered I wore pants to school. So I then put something on my Snapchat story basically saying if anyone's at the school could you please see if my pants are in the gym. My friend who is on the wrestling team tells me exactly what type of pants and color and I hadn't even seen him all day so I knew he wasn't lying. He tells me that his wrestling coach had thrown them away in the garbage can. Outraged I asked another friend on the wrestling team if he had seen my pants, might I add he was also in my gym period and a close friend said he didn't see them when I asked if he say them. So I don't know what to do now. I'm 17 and haven't told my parents yet. They we're 50 pants from American Eagle and my family isn't that wealthy so I treasure these alot. I'm upset at how a teacher could treat someone's belongings like this and how I'm lost. Any help?
Topic:
Douche

Answer:
 Fifty pairs of pants or a single pair of pants that cost fifty dollars?Answer #2: You should ask the wrestling coach. You don't really  know for sure what happened.Answer #3: You’re upset that a teacher could treat your pants this way, when you yourself basically just abandoned them in the gym?

You can go to the school now, and look through the trash, or move on with your life.  Those are your two options.


Title: CA: Roommate fell for Craigslist scam

Question:
Yes, my roommate is an idiot.

While trying to sell a lawnmower on Craigslist, my roommate fell for a Craiglist scam and now owes the bank $2900.  He's pretty desperate for money and hasn't worked in over a year, so he decided to sell the mower that he bought several years ago when he was doing lawn jobs on the side (he no longer has a vehicle so he is unable to do that).  Roommate put ad on CL and someone who was moving to our town from out of state wanted to buy it.  The buyer wanted to send him a check for the mower and pick it up after he moved.  My roommate was skeptical at first, but somehow over several emails he agreed to this.  Because the buyer was going to be meeting him in person for the pick up, roommate decides to allow buyer to mail him a check.  Roommate receives a $2900 check for a $400.  Buyer says it was a mistake, he is out of town on vacation and mixed up his bills, tells roommate to cash check and keep an extra $300 to store the mower until it is picked up.  Roommate takes check to bank and thinks because the teller puts it into him account it must be a good check.  A day after the check is cashed, buyer asks for the remainder of the money because he is now stranded with his family on vacation.  Roommate sends $2200 to the Caribbean and keeps $700 for himself, which he manages to blow before the check bounces.  Roommate is still planning on meeting with the buyer until the bank calls him.  The buyer stops answering emails and phone number is a fake.

The bank wants the money for the negative balance on roommates account.  There is no way roommate can pay and he has almost no assets.  The mower is probably the most valuable thing he owns.

What is going to happen?   Will the bank sue him?  Can he go to jail for non payment?  Could he go to jail instead of paying back the money?  Roommate has chosen to not really deal with this now, he let his phone die so the bank can't get a hold of him.  Will people from the bank come to our house?

Now my roommate never told me about the check until after he has cashed it.  I would never have never let him do.  He has literally nothing.  He has no family to ask for help.  I can't help him, and he already owes me money from not paying me rent (we live in the house that I inherited from my dad after he died).

Answer:
 Out of the whole deal, the bank is completely without fault.  They followed banking regulation and custom.  Technically, your friend's recourse is against the scammer and not the bank.

The commenter saying "no one got truly fucked" is either thinking of a different kind of scam, or is wrong.  We get a post like this one every couple of weeks or so. Typically they range between $2K and $5K in losses.

Friend may be able to negotiate payment terms with the bank.  A lawyer might help with negotiation.

But it's not the bank's fault he fell for this, and the bank won't be the one to eat the loss.Answer #2: No, the bank cannot send him to jail, and is unlikely to sue for such a small amount.  Most likely, they will just charge him an overdraft fee and report him to Chexsystems.

How did he send the $2200 to the Caribbean?  If it was by check, he should look into getting it reversed.  If it was Western Union, he's likely out of luck.

I would suggest trying to negotiate a payment plan with the bank to bring his account back up to zero.  Unfortunately, there's not much else he can do, because the scammer is in a different country and almost impossible to trace.


Title: 1L ConLaw final invalidated. What now?

Question:
The 1L ConLaw exam at an unnamed law school may have been plagiarized from another institution's website by the professor.

The examination was open-note, and there are allegations that some students may have brought the question and model answer provided on the website to the examination room. There were also multiple choice questions allegedly copied verbatim from another University's resources that were available online. This information came to light following the examination, and not before. There is nothing to suggest that the professor conveyed to any student that she would take the exam from a particular source.

Some students are demanding a re-test; others are claiming that a mandatory re-take would violate the fairness in the rankings, GPA and transfer options for the students in that particular section. The other ConLaw classes in other sections would not be subject to the same test conditions, thus, they would be unfairly advantaged goes the argument.

My questions are:

1. Can the law school impose a new test and force the students to sit for a second final, even in the absence of proof that the exam was compromised by a student? Regardless of the impact it may have on scholarship retention, GPA and other metrics for performance?

2. In the event that a student leaves the second test feeling much worse about their performance, have they suffered damages that may be recoverable?

3. Can either side (those demanding a re-take vs. those demanding the exam count, or at least that the re-take be optional) seek an injunction to prevent this from happening?

4. Can we really be forced to sit for an exam written by a person who probably hates every one of us right now?

Jurisdiction is NY. I've tried to find some case law using WestLaw, but we have an exam on Monday for a different class so I couldn't waste much time.

If anyone has any idea on the answer to either issue above, I'd appreciate some guidance...even if it's just a case cite. I'll go read it myself. And obviously, nothing provided would rise to the level of forming an attorney-client relationship between us.

And for laughs, the best part is...this professor teaches ProRo too.

*Edited for formatting.

Answer:
 Yes, no, no, yes.

This is an internal administrative issue with the school and not a legal issue.

Some free advice-don't start your legal career by suing your law school because you're unhappy with a grade.


Title: [CA] Received a "NOTICE TO TERMINATE TENANCY" at my apartment. Never had any issues before

Question:
Here's some background: myself and two others have been living in this same apartment for the past 3 years. We've never been late on rent, never had a noise complaint, and never had a complaint from any neighbor. We don't party, we don't have people over, and have never even been contacted by the landlord/property manager. The cost of rent has always been the same, except just last month it was raised by $200. No problem, we still paid in full and on time.

So today I come home to a letter that says "NOTICE TO TERMINATE TENANCY." With a deadline of 60 days to be off the premises. I called the property management office to get some sort of explanation, but all I got was an office employee who didn't really have any answers.

Does anyone have experience with this? What legal resources do I have? I can't help but feel like I'm entitled to some sort of explanation.

Answer: THey want their property back. THey are giving you proper notice to vacate per law. So you leave in 60 days. They dont need a reason


Title: Been separated from my wife since Jan 2017 and no contact since Sept 2017. I just found out she is pregnant(not mine obviously), could she take me for child support?

Question:
Now I know this sounds absolutely crazy and I am not sure if I believe them, but people are telling me she could go to work and force me to pay child support for a child that is very clearly not mine. We haven't legally divorced yet and haven't spoken for 9 months.

Is there any truth to this? It sounds ludacris to me.

Answer:
 Of course she could. You are married and husbands are presumed to be the legal fathers of their wife's children. If you are getting divorced, get divorced. You will need a paternity test amd to contest paternity as soon as the kid is born. Do NOT wait to contest because she claims she won't seek child support.Answer #2: Per [Minnesota statute 257.55](https://www.revisor.mn.gov/statutes/cite/257.55): "he and the child's biological mother are or have been married to each other and the child is born during the marriage, or within 280 days after the marriage is terminated by death, annulment, declaration of invalidity, dissolution, or divorce, or **after a decree of legal separation is entered by a court**."

This is not the be all, end all. Seek out a divorce lawyer for assistance. Do not agree to sign any paternity documents, and you should have little trouble proving you aren't the father with no contact. However, presumptive paternity could be an issue. Don't take advice from non-legal professionals or your ex.Answer #3: **I'm not a lawyer.** Location is important. Some states in the US automatically put the husband's name on the birth certificate if he and the mother were married during conception/birth, even in cases such as yours.

Also, get that divorce sorted out ASAP.


Title: Sponsorship of a non family member for citizenship

Question:
Hello,

A good friend of mine is married to an American citizen, her husband makes under what the government allows for him to sponsor his wife.  They have asked me if I would be willing to sponsor her.

My question is what would this mean for me legally?  What am I responsible for?  What can I be held liable for?

I'm extremely skittish about signing anything, I was burned along time ago on cosigning a loan and this is like cosigning a person so any information would be appreciated.

Answer:
 If you sponsor her, you are financially responsible for her.

[Read through NOLO's overview to get a better understanding of what you'll be responsible for.](https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter3-5.html)

Personally, I wouldn't sponsor someone else's spouse.Answer #2: The general advice here is going to be don't do it. The risk is too great.

> I was burned along time ago on cosigning a loan

It's a lot like that, except with a loan you know how much you could be on the hook for. There is no way to put a definitive amount on what you may end up owing.


Title: [MN] was told that leaving my spare keys in my car can leave me liable for damages caused if it's stolen. How true is this?

Question:
I drive a 23 year old turd with a busted door handle and an interior that barely resembles that of seats and a headliner. Ever since I've had a car, I've kept a spare ignition key in either the center console or the glove compartment. I always keep a spare door key in my wallet and keeping its matching half in the car just made sense. When I had roommates, they also only got a door key and knew to leave the ignition key in the car when they returned it.

Yesterday I was chatting with my manager at work and he mentioned that should my car get stolen, because I keep this key in my car, I would be on the hook for any damage caused, up to and including personal injury and whoever stole my car would only get a ticket for joyriding.

I don't leave my car unlocked, but am now worried about keeping this spare key in my car. Any information on this would be welcome.
Topic:
Traffic and Parking

Answer:
 Your manager is an idiot. Some car insurance policies won't cover a claim for a stolen car if you in any way contribute to it being stolen by leaving the car unlocked and leaving the key inside.

Leaving an ignition key in the car is risky no matter what, but you're locking the doors, which generally means you aren't contributing to it being stolen.


Title: Girlfriend was a bartender at a bar in OK and quit her job to personal issues with the owner.

Question:
She filled out a W4 when she started in August of 2019 that he never turned in or may have “lost it”. She quit this month (October) because he is a horrible person who treated her like trash. When she started, the deal was $5 an hour for bartending and managing the small bar. She worked at a minimum 4 days a week, 12 hour days from August to October. That’s a lot of hours and when she brought this up when she quit he said “what paycheck?” He’s now refusing to pay her.

What legal steps can we take to ensure she gets her dues? Can she even pursue anything legally if the W4 is lost? Did he break any laws here? Thanks.
Topic:
Labor Law (Unions)

Answer:
 > the deal was $5 an hour for bartending and managing the small bar

What the heck? Was that a tipped wage? In any case, the W4 is not relevant, she needs to file a wage claim.

https://www.ok.gov/odol/documents/WageClaimForm.pdf


Title: Failed background check, but for what?

Question: So I recently had a background check at a pretty basic part time job. It came back that I failed. The question in the application was the usual felony conviction yes or no question. I was stupid and got charged with a felony for a fake id in college. It was later lowered to a misdemeanor and then with the help of my lawyer, we got a pretrial diversion. Ive since completed the diversion and to my understanding, it should be considered dismissed. When I look my name up in the clerk of courts, the felony case is visible and it says its been switched to a different court, this leads to another case that is the misdemeanor charge and both cases are labeled closed. How am I failing a background check for dismissed charges? Is it correct that the felony case is still visible even though it was lowered to a misdemeanor and then dismissed through pretrial diversion? I just don't feel that these circumstances warrant me instantly failing a background check for a part time retail job. Im wondering if something is messed up in the court records that shows me actively having a felony. Thanks for the help. Btw this is in Florida.

Answer: You are failing because you have not gone through the procedure to get the dispositions & record expunged.


Title: Parents were married 35 years, divorced. Father received settlement and Mom wants half. (Kansas)

Question: Hello everyone. My parents were married 35 years, about 5 years ago my Mother divorced my Father. She really took him to the cleaners. Recently there was a settlement dispersed to my Father. It's from the job he held when married, but the settlement didn't happen until after the divorce was finalized. It was delivered to my Mom's house by mistake, and she opened it. She knew it had his name on it, but she could tell it was a check and wanted to know what it was. Now she wants to go back to court and get half. Does she have a case? Personally I think she should be in trouble just for opening his mail. Thank you!

Answer:
 >Personally I think she should be in trouble just for opening his mail.

You're right. It is a federal offense to open someone else's mail.

In relation to the settlement, Kansas is not a community property state, so your mother is not due anything. Answer #2: She might have a case if the settlement is the result of events or actions of your father that took place during the marriage.


Title: Locked out in the cold.with my dog by a malfunctioning electric lock, can I break the door?

Question:
I rent a house in SC. The upstairs and downstairs units are separated by a small lobby with a shared front door. The shared door has an electroic lock where you enter a code and it unlocks, then we use our key to get into our actual unit.

The lock has failed 3 times on me, but in the past my roommates have been home to open the door from the inside. Each time the landlord has promised to replace it and then nothing happened.

Tonight I was home alone and I took my dog for a walk, when I came the electronic lock was unresponsive. I've been outside with him for over an hour at this point and I'm tempted to break the shared door or a window then I'll be able to use my key to get into my apartment.

I've called them twice and the voicemail says to email them if it's an emergency. I've emailed them twice with urgent tags with no response.

Tl;dr I'm locked out of my house by an electronic lock and the landlord is unresponsive. I've exhausted all my known outs and I'm leaning towards breaking the door to get out of the cold.

Answer:
 You will probably not be criminally charged if you do.

But you'd probably be responsible for paying the damage.Answer #2: Call a locksmith.
If the address on your ID matches this one they will open it for you asap.


Title: [NC] Landlord has been given letter for emotional support animal, called her attorneys anyway - what can she actually do?

Question:
My boyfriend has anxiety, depression, and panic attacks, and his (actual real licensed and local) therapist recommended an ESA along with the medication he has been prescribed.

He gave the rental company his paperwork, and they read it. He is currently fostering the dog he intends to adopt (started fostering the day after he gave the rental company his papers).

Now the owner of the property has contacted her attorneys and is threatening to get him kicked out, basically.

We know for that ESAs are not service dogs and not covered under the ADA but they are covered under the FHA, and he genuinely does need her, and the letter from the therapist is very clear about that.

We are going to call the HUD office tomorrow when they open. Can the landlord actually do anything or will they just have to drop it? Do we need to do anything else?

Answer: Is the dog already in the apartment? If so, he needs to remove it until the request is approved. If he is going against the lease and has the dog before it's approved, he can be given a cure or quit notice (remove the dog or be evicted). Is the landlord subject to the FHA?


Title: Between filing for divorce and finalization (6 months in CA), how are money/bills supposed to be handled?

Question:
Right before the time of petition, I was paying $2200 per month towards our bills, and my wife was paying $600 (based on us both contributing roughly 50% of our paychecks). Now that I've filed for divorce, my wife is refusing to contribute a single penny while continuing to live alone in the house with utilities I'm still paying for, and she says it's because she "needs to prepare for her future". It's my understanding that things should be kept relatively the same during this 6 month period. Can I get a court order to make her continue her same contributions (or to move out if she's not contributing anything)? I'm not living in the house right now. I looked up the definition of legal "status quo" in california, and came across the Santa Clara Guideline formula (40% of my income minus 50% of her income), which would actually put my requirement down to $1800 per month.

We were married 4 years and have no kids, no disabilities, and we're both employed with college degrees. I want to solve this amiably since we're not on bad terms (I think), so what are my options?  I'm really reluctant to make things messy (we're not out to backstab each other), but if she is choosing to do this I want to make sure she is aware of the legalities.
Topic:
Other Civil Matters

Answer:
 File a motion for temporary orders requesting the court to order her to continue paying the bills in the same manner as when you were together.
You will have to also note up the motion for a hearing. Speak with the court house facilitator or the clerks office.


Title: [UK, England] My mum has been a constant victim of domestic abuse for around 1.5 years from her boyfriend. Last night things escalated much further. Before I call the police, what can I look at getting him charged with?

Question:
Firstly I apologise if I am putting this in the wrong place. If so, please direct me to somewhere more suitable as I need help with this urgently.

The details:

Her boyfriend is very clearly unhinged mentally, and, as unfortunate as it may be, he lives on the same street as us (30 seconds' walk away)

At first he would just kick her out of his house over extremely inconsequential things, then it developed to occasionally pushing her over, "accidentally" bruising her. Two days ago or so someone (99.99% him) carefully placed nails over the driveway with the intention of puncturing my mum's car tires. Then last night he came over when no one but her was home with a hockey stick and hit her. When I came home this morning the garden gate was destroyed, a doorframe looked like it had been hit to pieces and my mum was extremely upset and bruised from being hit

He also stole her phone and perhaps other belongings and refuses to give them back

He very often harasses my mum via phone/iPad insulting her, and in fact does the same to me, her friends and her workplace (he appears there himself sometimes and insults them, demands to know where my mum is etc.) This has already ruined her experience at two of her jobs

He has recently said he will burn our house down. It may sound outlandish and perhaps it is a hollow statement, but this is a man who does possess extreme psychopathic/sociopathic tendencies and carries out terrible things on a whim

I'm sorry that this post has gone on for so long, to be honest there are likely many details that I have forgotten, as he has really done so much. This is a legal advice subreddit so that is what I hope to acquire in regards to what we can do (a restraining order won't accomplish much), however any other forms of advice are also appreciated.

Thank you

TLDR: Mother's boyfriend who lives on same street has abused her for 1.5 years. He came over last night and hit her with a hockey stick, destroyed parts of home, stole her phone. He possesses very clear sociopathic and violent tendencies. He has also said he will burn our house down. Need help

EDIT: The police just came over. I was still in the process of researching and wanted my mum to rest so I had not yet called them. Apparently an anonymous passerby on the street happened to be walking past when her boyfriend came over last night. They proceeded to call the police themselves. According to the independent witness, her boyfriend had a machete in his hand and was seen punching her several times. The police also mentioned that 7 times in the past they have had calls regarding his behaviour to my mum, although I can't say who it was that called

Answer:
 r/LegalAdviceUK Answer #2: > He has recently said he will burn our house down. It may sound outlandish and perhaps it is a hollow statement, but this is a man who does possess extreme psychopathic/sociopathic tendencies and carries out terrible things on a whim

Something I learned is to take people at their word when they say things like this. He may not actually burn the house down, but it's an escalation that you need to take seriously. Answer #3: Photo evidence is always a good place to start. Document everything, take pictures of her bruises and the damaged property, save screenshots of the harassing messages. The more evidence you can gather, the better. If this is a case that goes to court in the future, the evidence will go a long way.


Title: Will they arrest him if I call them AFTER it happened?

Question:
My brother is violent and a fucking awful person. Last night he had another one of his violent episodes and severely damaged our house. I called the cops on him but my mom told them not to charge him. Then this morning he did it again but my mom told me not to call them. But now my mom and I are gone and he’s at the house. Could I still call the cops on him for this morning’s incident? Or do I have to call while it’s happening? My mom keeps protecting him no matter what he does.

I live in GA.

Answer: Of course you can, call them now.


Title: Just got a speeding ticket for going 54 in a 35 that I thought was a 45. I need legal help.

Question: [deleted]

Answer:
 You were speeding no matter what the speed limit was. You were going 54 mph. You have no defense. Pay your ticket and slow down.

If you go to court, dress appropriately, speak respectfully, plead guilty, apologize, ask for lenience. Maybe the fine will be reduced.


Title: If I get scammed for fake tickets using western union, how would I get money back?

Question:
Topic:
Labor Law (Unions)

Answer: You're not


Title: If I am not included in my father's will is it possible to sue for my third as a blood relative?

Question: I think that my dad has made an offer to my other siblings to socially push me out of the family.  I guess this is kind of my "I'll go but I am getting my pound of flesh".   Iowa, U.S.

Answer: Your dad doesn't have to leave you anything if he doesn't want to.


Title: (SC) Friend's job is trying to make him pay back $1400 they erroneously have him over the last 10 months

Question:
Edit: title should be gave not have, I'm on mobile and words are hard late at night.

This past Wednesday my friend was paid, but noticed that their pay was less than usual. They went to the payroll person to ask about it and were told that they had been receiving an attendance bonus in error, so it had been removed from the paycheck. Long story short, my friend found out that the company had been audited when they got a new time clock system, which turned up a few mistakes with payroll which were being corrected, but now the company has given them a paper saying that they owe the company about $1400 of back pay due to this mistake.

Now for the back story: friend started working for this company about 10 months ago on an 8 hour Monday thru Friday shift. Normally the employees of said company are on 12 hour rotating shifts, but since my friend is also in college for a related degree the company allowed them to stay on 8 hour shifts until the degree is finished, with the assumption that they will be on 12 hour shifts eventually. Also note that shift employees receive an attendance bonus of $1 per hour when they arrive on time to each shift that week, do not clock in/out late for break, etc.

So what happened? When my friend received their first couple pay stubs - 10 months ago - they noticed that they also were receiving the bonus, which according to the employee handbook should not have happened. My friend brought this to the attention of the payroll person and was told that it was fine since they were going on a shift eventually. Nothing else was ever said about it; my friend has even talked to the payroll person about bonus-related matters in the months since they first started, such as clock malfunctions, locked doors, etc that resulted in late clocking in for breaks that would have lost them the bonus. But now suddenly the company is acting like this is all my friend's fault and they are now responsible for paying this money back! Is my friend liable? What are the options here?

TL;DR my friend got paid too much money and now the company wants them to pay it back. Who is responsible?

ETA so far not the advice I was hoping to hear, but I thank those that took the time to weigh in.
**I do hope that everyone read the part about how they did bring it to the relevant people's attention and was told it's ok, not to worry about it.**
But thanks again for reading. ;)

Answer:
 >my friend got paid too much money and now the company wants them to pay it back. Who is responsible?

Friend owes $1400Answer #2: > I do hope that everyone read the part about how they did bring it to the relevant people's attention and was told it's ok, not to worry about it.

That may be good leverage in arguing for a less painful repayment schedule, but it doesn't change the fact that the money is owed.


Title: CVS breached a confidentiality agreement

Question: [deleted]

Answer:
 If you had your mother's number as the secondary number, even if you didn't mean to have keep it or forgot it was there, then CVS did nothing wrong.  They couldn't have had her number unless it was provided at some point.

You can file a HIPAA complaint, but you have nothing personally actionable.  Update your information, and make sure your mother doesn't have the information necessary to access your accounts.


Title: If i am registered as nonbinary in my state of California, do laws referring to people as "he or she" still apply to me?

Question:
like could this be an argument for why i (they/them) didnt break any law (seeing as the law specifically discriminated to only apply to he/him and she/her individuals)?

i am not planning on hurting anyone btw, im just a curious nonbinary person

Answer:
 The types of hyper-technical interpretation that would allow a person to avoid liability based on pronouns are disfavored by the law as a general proposition, and if there were some ambiguity, the court would look to "the spirit of the law" or "the intent of the legislature," which would almost certainly include nonbinary offenders.

It also a common rule of construction that pronouns are meant to include whoever might be applicable to the situation, singular includes the plural, past tense includes present tense, "including" infers "but not limited" to, and so on.

Both of these concepts are also specifically addressed in the [California Penal Code](https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=&title=&part=&chapter=&article=):

> §7: ... words used in the masculine gender include the feminine and neuter ...

> §4: The rule of the common law, that penal statutes are to be strictly construed, has no application to this Code. All its provisions are to be construed according to the fair import of their terms, with a view to effect its objects and to promote justice.Answer #2: The judge will convict based on the spirit of the law, and the spirit is that the law is applicable to all humans with the pronouns simply being a formality. Yes, you will be subject to the law regardless of what you identify as.Answer #3: Yes, they still apply.


Title: [CA] Got into a car accident, I wasn't at fault, other drivers insurance company is dragging this on and trying to pin it on me.

Question:
So I got into a car accident a about 3 and half weeks ago. I called my insurance and then I called their insurance. They got my recorded statement of what happened during the accident and a guy to come look at the car, said it was a loss and if they find their driver at fault, they just junk the car and give me more.

I should also state that I got some neck strain after this and decided to visit the ER just incase it wasn't anything big.

I wasn't there for the car inspection. They just asked me which auto shop it was at. What the inspector didn't know was that the mechanic is a REALLY close family friend, so the inspector was gossiping on how they're going to try to pin it on me because I'm the youngest and least experienced driver. (I was 19 at the time, I'm now 20.)

Now, I've called the insurance company, I didn't tell him about what I heard, but I did ask him about how long this will take. He said he can't exactly say because his driver is calling back, so they can't take her recorded statement, and this was about a week and a half ago.

Anything I can do? (My mom wants to go to a lawyer and threaten the insurance company about taking legal action, I figure the insurance company doesn't owe me anything the other driver does, so this isn't going to amount to much.)

Answer:
 The other guys insurance has no obligation to pay you anything. They work for their client, not you. So threatening to sue them means nothing. You have no case against them. You can sue the other guy if you want.

Why are you not just letting your insurance company handle this for you?


Title: [SC] Can a spouse sign your signature on a legal document without your knowledge?

Question:
I need to know for the state of South Carolina if it's legal for a spouse to sign the other person's signature on a legal document. Especially if it was notarized without his consent.

The Solicitor is saying that a spouse can indeed sign, but I beg to differ. All the evidence I've found says that a spouse has to first have the power of attorney before doing so.

Answer:
 No.

And if the forgery is notarized, at the minimum the notary can lose his commission, and could potentially be liable for conspiracy to commit fraud or instrument forgery. Proving that a signature is genuine is the whole point of a notary.Answer #2: Short answer: No.

In complex cases of unfitness (hospitalization, commitment, etc.) a spouse can gain effective power of attorney; is anything like that involved?


Title: My apartment company is forcing me to vacate for multiple days without reimbursement or alternative living space. Are they allowed to do that?

Question: I just received an email that stated that I will not be allowed to enter my apartment for 2 days in the next month. It's also during the week so I would probably have to get a hotel room in order to make it to work. They have made no mention of even reimbursement of my rent for those days, let alone where I am to live. Is there anything I can do?

Answer: Why are the forcing you to vacate?


Title: Kid charged with Assault and Burglary

Question:
15 Year-Old was charged after attacking kid getting off the bus. The victim was instigating the argument. After that the 15 Year-Old attacked the victim in front of apartment with the 15 Year-Old's mom breaking up the fight. As the 15 Year-Old was leaving the victim saw and swore at the 15 Year-Old's mom. After the insult was hurdled at the mom the 15 Year-Old proceeded to attack once again in the doorway of the victims apartment. When the fight was over the kid said "Haha, now I am going to the manager." Which is when the report was filed.

There is history with the 15 Year-Old and the victim or more so with the victim's parents and the 15 Year-Old's parents. The victims parents are cousins with the manager and because of that  manager has been trying to get the 15 Year-Old's family evicted from the complex simply because the manager does not like them. The manager has not renewed the lease then proceeds to say that the 15 Year-Old's mom has not been over there even though she has. The mom has been over there to give a copy of the credit card and has also just been there to just renew the lease but the manager comes up with an excuse to no renew it.

I forgot to note that the victims mom saw the fight happen and proceeded to watch without an attempt to break up the fight. So where I am taking this is that it is believed that the victims parents told the victim to instigate the the fight so that the manager would have a reason to evict the 15 Year-Old's family.

Yes the 15 Year-Old deserves the charges because he did attack but this is more of a "How should we go about the management situation?"

How should the 15 Year-Old's mom go about handling this?

Answer: The fifteen year old's mom should probably start looking for a new place to live. Management frequently does not have to renew leases with tenants if they don't want to, and not renewing a lease with a tenant who has a violent teenager seems pretty reasonable.


Title: (L.A.) Guy put stop payment on 50K in checks after we shot his movie. And more.

Question:
I was hired to direct a film for an Australian man here in L.A. on an E2 visa (let's call him Harry). He was a difficult client to say the least. I hired my full crew, we shot for two weeks. Right after the shoot, I sat with him and he wrote out business checks for 43K to around 20 people for payment. We got into an argument about moving into post production 4 days later, and he put a stop payment on 25K of those checks. A few days later, my crew's money was being pulled from their bank accounts. He's since paid most of the crew after some heated discussions between him and I, but he says he's not paying a few people basically because he didn't like them and doesn't think they did a good job. He said they can sue him all they want, he has 3 corporations set up between him and the business account the checks came from (in Nevada) and they'll never get a penny from him.

Also, and this is an important one: He was one of two executive producers (money guys). The other EP (Tom) was paying for a lot of smaller things like locations, food, etc via credit card, and Harry would ask my producer to try and use the CC as much as we could so he wasn't paying cash out of pocket. We would get permission from both Tom and Harry before my producer would run the card through a company he uses, and he would then be able to pull out cash from his own bank account. Tom is now saying my producer didn't have permission to run the card and is calling fraud on my producer. His bank is not going for it, but every other day he gets a ping on his bank account from the CC company saying they're trying to take out 13K. The CC company that my producer uses has frozen that account.

We have all documents, paper trails, crew and actors of about 50 people for verification, 200K in footage that I shot, and more. This guy thinks it's a game and I swear he likes the drama and power he gets from knowing these people are dependent on him. I think I could probably get it resolved if I just stick it out and play the game with him like I was doing for 2 months, but I'm sick of it and ready to take it to the next level and make sure this guy pays up and calls the dogs off about the CC situation. I'm in the clear and have been paid in full and am done with it, but I want to look out for my people. What I don't want to do is spend big $$$$ out of pocket to hire a lawyer.

 What do I do? How do a get my people paid and get this asshole deported back to AU?

Answer:
 Your recourse is to file a law suit against him if he's not willing to work it out outside of court.

Contact the [California Bar Association](http://www.calbar.ca.gov/) and ask for a referral to a contracts lawyers.  I think that'd be the most appropriate lawyer.

A lawyer is your best bet.  You can include the legal fees on top of the amount of money you were supposed to have paid your crew.Answer #2: IF he is trying to hide behind LLCs he is about to get a good life lesson in breaking the corporate veil.

Not a hard thing to do for some guys fly-by-night operation.  Did you have production insurance?


Title: Non-Compete as Legal Slavery

Question:
Background:
So about a year-and-a-half ago I had considered going into business for myself. I am a skilled laborer and there were no other business is in my area that did the work that I do. Sorry if this is vague but I'm trying to protect myself. Anyways, I had applied for some jobs in the surrounding counties - I live in a very southern, red, and rural state.  It ended up that I got a job about an hour away from where I lived. The business had three locations, all around my county of residence essentially but not in it. The job turned out to be a good fit and the owner really wanted me to quit my other job, unrelated to the industry but well paying, and I used this to negotiate a decent wage relative to this state. Fast forward a year and I am going through a separation with my wife. In looking for a new home near her in my children I find one that can double as a business. I signed a very broad non compete with my current employer. During this time my employer was trying to convince me to buy a home closer to his place of business but I explained to him that I was trying to find something closer to my kids because she was the most important thing to me. I found the home on my work computer and he has cameras that he regularly monitors in the area where I work. Anyways, as I put in the offer on my home my employer coincidentally opens a new branch in the closest town to my house which is in the county that I reside. There is absolutely a 0% chance this is coincidental. When I find out about the new business being opened I ask my employer if I could work there instead as obviously it would leave me without a commute and closer to my children. My employer then denies that he is opening another branch. At this point I realize that something is off. I had planned on opening a business in my home that I can make extra money on the side, but I knew my employer was serious about the non-compete so my intention was to offer some kind of service or work that he did not so I wasn't competing against him. Not only to protect myself but out of respect for my boss. However after he decided to lie about the new branch and convince me to buy a house further away from my kids now I don't really care anymore. I have always been an extremely hard worker, very diligent, honest, reliable, and trustworthy. I already run his store that is closest to his home, it is an hour drive for me to get there. Now he is commuting to where I live to run his business here and I'm commuting to where he lives to run his business there. Obviously something is going on or that would not be the case.  He denied the new Branch so vehemently also, when I had already saw that it existed and when I asked another person who would know he confirmed that my boss had indeed open a new shop where I live. while I make decent money for the area for the work that I do I'm underpaid.  Early on into my employment I tried to convince my boss to open a shop closer to where I lived because if I wasn't having to commute and I was getting to spend that extra time with my kids and not having to spend the extra money and gas I would be very content in my employment. Now he has done that and screwed me out of the opportunity that I need and deserve. I realize this may come off as seeming a little bit entitled but I can assure you that if you were to actually witness the level of dedication that I put into my work you would understand. I treat his business as if it is my own, truly. I have spent my own time at home coming up with spreadsheets and whatnot that aid his business even.

The Non-compete:
First of all I realize I should not have signed this now but at the time I have never seen one before and I honestly didn't ever think I would be in a situation where I would have to compete against him. I assumed that it existed so that I wasn't trying to make money on the side in direct competition to him. The "well if that's too expensive there's a place that does it cheaper." I don't have a copy of it but I remember it was super broad and it was more focused on "trade secrets" and things of that nature although it went on to talk about a two-year time. And geographic location although it never specified one. Since I had worked and paid taxes for several years before with the same job title I was about to accept I didn't really see how that was enforceable since I am a skilled labor. I already knew the trade secrets. Not only have I not learned any working for my boss but I have taught him many of my own. (Mistake T_T)

Currently:
I'm still working for my boss and I haven't given any indication that this whole scenario has upset me to the degree it has. My employer has constantly talked about how if somebody violates a non-compete from him he will sue them for $150,000. It may have even given that number on the non-compete. I don't have a copy of it and for obvious reasons I can't ask for one. I have considered quitting and going to work for one of the other companies that now exist near my home, they did not when I first got my job. however my employer has been very clear if that were to happen he would have me fired from my new job. My job is highly technical and considered to be a very hard trade. I'm self-taught and have no formal training although I have been working in this industry for 13 years on and off.   Since we are in sort of a rural community the non-compete essentially makes it so that I have to work for my boss or I have to move away from my wife and kids in order to make a living. One of my kids is a step child and his dad would raise hell if we tried to move him away from his father so that really isn't an option plus I just recently purchased a home and I intend to live there for the foreseeable future. I feel like I'm being enslaved with a piece of paper. I'm thinking surely to God there has to be a better option than quitting and mowing lawns for 2 years until my non-compete goes away. Obviously I know I should probably speak to a lawyer but before that happens I was curious if anyone on Reddit might be able to offer some advice. There will be no TL;DR because I don't want advice from the barely informed. Thanks in advance.

Answer: If you want meaningful advice, you will need to edit the above to make it readable.  Focus on the actual details of what you're asking for advice on, rather than about having to drive, and your kid and step kids, and what a fantastic worker you are--because in the middle of all of that, it's impossible to figure out what your problem is


Title: [Cedar Grove, NJ] Pulled over for cell phone use when phone was away in a bag

Question:
Hi all,
I'm trying to help my girlfriend out with a traffic ticket. She was driving home from a coffee shop (less than a mile away from her house) the other day and was pulled over by a Cedar Grove officer. The officer gave her a ticket for cell phone use while driving. She is adamant that not only was she not using the phone, it was in her bag the entire time. The officer said something along the lines of "it doesn't matter, it's my word against yours and why would they believe you?" She wants to fight the ticket, but has gotten a prior ticket for cell phone use while driving so she's worried about her chances.

She is going to request the police report and the dash cam video, but a family friend on the police force has looked at both already. He says that the officer wrote in the police report that the phone was plugged into the center console and lying on the car floor, which she says is a lie. In the dash cam video she can be heard telling the officer that her phone is in her bag. She has a receipt from the coffee shop at 9:16, her last text message in her records was sent at 9:17 and the ticket was given at 9:19.

What are her options here? The officer doesn't seem to care about being truthful and is confident that she'll be cited regardless of what she says or does. I'm inclined to believe this as well.
If you're going to comment and tell me she's lying, save yourself 30 seconds and leave the thread. That's unhelpful.
Topic:
Traffic and Parking

Answer:
 >  In the dash cam video she can be heard telling the officer that her phone is in her bag.

Can you hear the officer telling her, "It doesn't matter because no one will believe you?"

Because not only is that evidence in her favor, it will look badly when she files the complaint against the officer.Answer #2: So she sent a text, put the phone away, started the car, started driving, got pulled over, the officer came to the drivers side door, got her information, pulled out the ticket book, wrote a ticket, and gave it all back to her within 2 minutes?Answer #3: Maybe she's lying? I just can't imagine a police officer saying to himself, " I think I will just pull this random person over and accuse them of being on the phone and taunt them by saying it's my word against theirs". Answer #4: If she sent a text at 9:17 and the ticket is marked 9:19, her chances aren't very good.  Incidentally, it takes around 2 minutes to check a driver's license and write a ticket.

Look at the video and see if you can get anything, but assuming she is telling the truth, this is going to be an uphill battle.


Title: Petland screwed me over

Question:
Probably posted to personalfinance but I was told legaladvice could help further. I'm in Kansas FYI

My gf and I went to petland to get a puppy. We didnt have any money to put down but we were willing to finance if necessary. We found a dog we thought was perfect but it had a fat 2 grand price tag. We decided we could afford to pay it off if the monthly fee and interest was low. Of course the sales man at petland was talking like a car salesman attempting to get us in and out as soon as possible. He found a financing company that would loan us 3000 and he told us it would be 174 a month. Okay that is doable. I went to computer and my dumb ass e-signed a document taking his word for it. So fast forward to today, we have our puppy and we love her to death but I was charged two payments in one month that was automatically taken out when I got paid (since I get paid biweekly). I call the finance company and they informed me I agreed to biweekly payments...well that sucks but at least we will have her paid off sooner. I had the rep email me the contract and once I recieved it I found that there was 144% annual interest....6 fucking grand on top of the 3 grand agreement... 9 grand for this pup!! So now we are basically screwed for the next 2 years unless I can do something about it sooner. Do any of you have any experience negotiating with finance companies? Can I reduce the interest by paying more in advances via taxes or student loans or even extra off the paycheck. I know this is my fault but live and learn I suppose...thanks

Tl;dr

Got ripped at petland and unknowingly signed for a 3 grand loan with 144% annual interest and I need a way to get out or reduce the ridiculous interest.

Topic:
Contracts

Answer:
 Go to a credit union, take out a loan for the exact amount you owe for the dog without interest, pay it off over the phone immediately, shut down the account and start saving money for that dog’s inevitable vet bills; if you haven’t saved for that then this issue will come up again at the vets office when they convince you to open a care credit card to take care of bills. Answer #2: > unknowingly signed for a 3 grand loan with 144% annual interest

How is it that nobody has mentioned usury yet?

[Usury laws in Kansas.](http://statelaws.findlaw.com/kansas-law/kansas-interest-rates-laws.html)Answer #3: Does your contract say what happens if you pay the loan off early?Answer #4: Did a decimal get misplaced? The maximum loan interest rate in KS is 15%.


Title: I am past the statute of limitations in Illinois, but the woman that abused me for ten years now has a job in a local school. How do I shield myself from libel or slander if I try to get her removed?

Question:
Most everything is in the title. Some other details about my story:

The woman that abused me was my babysitter and lived directly across the street form the elementary school that I believe she now works at.

The school was made aware of the investigation because my sister and one or two of her children were attending the school at the same time during the investigation and my family wanted them to not be put together during any activities.

No charges were filed. The abuse occurred for roughly the first ten years of my life until I finished the fourth grade at age ten. When I told my parents four years later, they contacted the police and an investigation was begun. I gave my story to the police including that I knew other children had been abused by her, but unfortunately I could not remember any of their names. We found out that the children of a friend of my aunt's had also been abused, but unfortunately the statute of limitations had expired by then - they were 7 years older than me. I know this is just hearsay, but the detectives working the case told me that basically the state's attorney did not want to move forward with the case because since it was just my story against hers they were afraid they would lose the case. And since it was a woman who cared for children and lived across the street from an elementary school it likely would have been fairly high profile and it was going into an election year and they didn't want to risk losing a case that might cost them come election time. Yes, I know this is not something I can prove, but it is what I was told.

Since she was being investigated DCFS took her children away. There was a court hearing to see if she would get them back. I was 14 at the time. One of the children from the other family also testified at this hearing. It was his 21st birthday that day.

I know that since she was never charged, she should be free to choose whatever path of employment that she wants. However, to me, it seem the school was a bit negligent in their choice to hire her because since they had been previously made aware of the allegations. And since more than one person was made to testify against her in a DCFS hearing, I think this is maybe something they should have looked into - especially considering that the one and only time I met this other person was that day in court.

Basically, I don't want to live a life where I haven't done what I could to protect other children from this person. I'm 35 and way past the point of the statute of limitations. I do want to pursue something though, but I want to make sure I shield myself from any liability.

Any advice would be very much appreciated. Thank you.

Answer: Depends on what you mean by abuse.  Some child abuse can have no statute of limitations.


Title: A coworker was fired for being high at work and has filed a case with human resources. She reportedly is pushing for everyone at our workplace to be drug tested. Does this sound legitimate?

Question:
I'm a barista at the fast food equivalent of coffee. You know the one. We are located in Kentucky if that matters.

I had a coworker who I will call "Katie". Katie was a terrible employee who was always out of dress code, always late, messing up drinks, rude to customers, super messy, etc. and she had a definite problem with authority.

My boss was pretty lenient though and was trying to work with her on being a better employee and she had been showing slight improvement.

Katie used to come to work high on marijuana occasionally and would just clean or do dishes in the back. She would just agree to do all the upkeep work so she wouldn't have to interact with customers. None of us regular baristas really cared because she seemed less argumentative and would just get all the work done.

One day, she came in high and was assigned to be making drinks. Katie messed up a whole bunch and the shift supervisor got really angry and asked her what was going on. She admitted that she was high to him and that's why she was messing up.

He reported it to our manager. Our manager followed policy and called in our district manager. They sat her down for a discussion about it and she was fired. This was the second time she had to meet with our district manager, the first being because she got in a screaming fight in the lobby with a former shift supervisor.

We never had any issues like this for as long as I've worked here. I've been really lucky that she is the first bad coworker I've had.

Katie was furious that she was fired and immediately opened a case with our company's equivalent of human resources. She feels she was wrongfully terminated since there was no proof that she was high and that it was a he said/she said scenario.

Corporate is asking her to take a drug test to pursue this case. I found out from another coworker that she has requested that the entire store be drug tested because she knows she isn't the only one who smokes pot recreationally and has reported that all of her coworkers do as well so it's not fair for her to be singled out.

It's true that a lot of the employees smoke, but they don't show up to work high. She was the only one. In fact, out of the 15-20 or so people that work, I only know of 3 that don't smoke pot occasionally. So if everyone was drug tested, almost every single employee would fail.

We're all college students, we know it's illegal, but I honestly don't give a damn what my coworkers do off the clock and in their free time if it doesn't affect their performance at work. And I know my boss doesn't care about it either as long as it's not taking place at work.

Katie's case is different because it affected her work performance.

Does this seem like a plausible thing that a corporation would do for a small case like this? I can't imagine they would drug test the entire staff. I feel like this girl is just bitter and trying to retaliate after getting fired so it sort of seems like all talk.

Answer:
 She can ask. The company can decide to do it or not. It seems prohibitively expensive as a CYA for firing an employee in an at-will state.

Your employer can still almost certainly drug test you and fire you for failing said test.


Title: Campus police officer broke confidentiality. (Tx state)

Question: i recently went through mental instability and was put in the pavilion. i am a minor and am currently attending high school, the on campus police officer (sheriff deputy) at my school broke confidentiality and told my friends where i was. I have two questions, was this illegal? and my mother is suing, will this stand up in court?

Answer: As far as I am aware, campus police do not have to be confidential.


Title: My crazy ex-boyfriend is filing for full custody of our baby and I'm at a total loss and scared

Question: My ex-boyfriend is going off the rails following our breakup and is going to be filing for full custody of our 1 year old son. He called the police on himself to come over to my home, which he has never lived in or been allowed to enter because he has shown up yelling in the street and causing a ruckus, to pick up some socks and t shirts of his I had. Even the officer who arrived said "he seems like he's coming undone". I don't know what steps to take here. Our son had previously been living with his grandparents because when I got pregnant I knew I wasn't prepared to raise a child but somehow we ended up doing it anyway. I don't want our son being raised by his father, his father is manipulative and controlling and completely irresponsible. But I'm not ready to be a full time mother either, which I have been upfront about since my pregnancy. I have no idea how to do what's best for our child.

Answer: You already **ARE** a full time mother. Deal with it. Your child's needs now come before yours. Your child's time/parenting is now more important than your playtime or alone time. Conversely, if you do not want full-time custody of the child, then the bio father is next person the courts will look to. If he presents himself decently to the court and the guardian *ad litem* (if applicable) then he may get custody and you will have to pay him child support.


Title: [MN] Can an individual disclose my private medical information to an organization I work for, in hopes to slander/discredit me?

Question:
I am on the board of directors for a very small non-profit organization and have always had multiple health conditions (nothing serious) and seemed to have flared up as of recently.

Our non-profit organization has used the same outside vendor to handle our finances and our financial rep will sit in on our monthly board meetings. Since it is tax season I have been getting multiple daily emails regarding tax related info for filing this year from our financial rep (this person is new). Over the past 6 weeks I have been hospitalized for a very short period of time on two occasions and I was not able to respond to our financial rep's emails in a timely manner and apologized and mentioned I had been in the hospital and that I wasn't able to view my emails as they came in.

Last week there was a monthly board meeting that I could not attend in advance. During this board meeting a motion was placed for a vote and it came to a tie and would be tabled until the next month's meeting where I could break the tie. Instead, our financial rep (whom is not a board member and has no ability to vote or have any say in board matters that are not financially related) spoke up and said that, "Since ahoky8 is not here and probably isn't, because he is constantly in the hospital for multiple health reasons, I can vote in his place instead if possible. Also, since it appears that he is chronically ill, he probably isn't competent to vote anyways."

Take note that the board of directors were furious by this comment, but they are all wayyy too nice to say anything to our financial rep, I however am not that nice when such things are said and disclosed about me with no context and falsifying that I would not be competent based on the fact that I had to go to the hospital.

I am not looking to take legal action against this person or the company our financial rep works for, but I would like to know if our financial rep has the legal right to disclose personal medical information about me to our non-profit organization before I had the chance to disclosed this information to them myself when I deemed it necessary? Also, there is the fact that this information was used to slander/discredit me.

Now that the board of directors knows, they have given me their full support and the only way I would be leaving the board of directors is on a voluntary basis should my condition continue to (hopefully not) get worse.

I thought I had read news articles and Reddit posts about such behavior and the fallout actions that came afterwards and was wondering if our financial rep can legally just reveal information regarding my personal health to an organization without my consent? It's one thing if I were hiding something that would actually make me incompetent, but that is far from the case.

I'm asking [/r/legaladvice](https://www.reddit.com/r/legaladvice), because I will be in contact with this rep's managers soon about said person's behavior, but wanted advice from a legal standpoint first. Thank you.

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Answer:
 >  I would like to know if our financial rep has the legal right to disclose personal medical information about me

Unless your financial rep is a healthcare provider, he is not legally compelled to keep your medical information secret.


Title: Condo Took Away All the Benefits - I'm a Renter

Question:
Hi everyone,

I am renting a beachfront condo unit in South Florida, and recently the property started going through a phase of construction projects that have severely damaged my ability to use the property. The only part of the construction that was explained to me prior to move-in was that the pool would be closed.

* I now have to take a 5 minute van ride to pick up my car, the van comes every 15 minutes. I used to have valet parking.
* Condo charged me $15 for a keycard to new parking lot
* Condo increased monthly charge for parking by $40
* Construction noise all days of the week except Sundays.

How can I go about fixing this situation? Am I eligible to receive compensation in Florida for them taking key benefits away?

I just want to move, but I feel like since these things are forcing my move, I should at least get moving costs.

Answer: Condo took away nothing cause Condo owes you nothing. This is between you and your landlord.


Title: Am i being sued. What does this letter mean and what should i do

Question:
Houston Texas,  receieving this letter i typed copied, so mind the typos. What exactly does this mean and what shoukd i do?

Mr. ******* this is a note to nexplain about your 2015 rear end accidend and what we need from you. Our litigation department will take this claim for negotiation. If there is any issues they will let us know. This is a simple straight up rear-ending accidnt. If something else happen at the scene we dont know about please let us know.

So far its a simple accident that the other persons attorney was missing records and bills on. It was never settled because we never got a demand from the attorney because the attormney could not get all the information before the statute date so had to file suit to protect the statue and keep the claim from expiring.

your policy has a 50,000$ limit person for this accident. We have no indication that it will take this amount. In order to settle a claim an attorney must have thier client sign a release that releases you from any further pursuit.

The handling litigation adjuster is ms ****** if you would like more detailed information. She is very good at her job and negotiating claims. It might be good to contact her so she knows how you want to communicate.

If you get served with the papers, please send them to us right away and we will take care of this for you, there is nothing we can to close this case until you get served. Call the agent on the buisness card and let him know where you will be so we can get this done. Please let ***** know if you have any questions and she will be able to explain everything to you..

Thank you ******* **( casualty claims adjuster, bodily injury

Answer:
 NOTE: This appears to be connected to https://www.reddit.com/r/legaladvice/comments/5xyyu7/being_sued/.

I'm shocked to see a letter like this come out of an insurance company. Your typos and punctuation notwithstanding, it's just not professionally written. The language is imprecise and overly colloquial. Did a claims adjusterns eriously use the words "straight up" in his note to you??

To simplify what they're saying, this note basically explains that (or at least makes it sound like) the lawyer for the other people has filed a lawsuit against you. Your insurance wants to pay them off to drop the case in return for them promising not to sue you for anything else later on. But they can't really do anything until you're served with court papers, so they want you to send them copies of the papers as soon as they arrive.

Since it sounds like they've provided a name and contact info for your adjuster, I would absolutely recommend you call her and ask her to clarify what's going on if it doesn't make 100% sense to you.

And definitely make sure this is an actual letter from your actual insurance company and not some weirdly fortuitous scam, or the other party screwing with you somehow. Just based on its tone and diction this letter sounds completely illegitimate. If it's clearly your insurance company's letterhead and has your policy number on it somewhere then disregard me, but man, they need to get some competent letter-writers.


Title: Can DCF make me leave?

Question:
Okay I currently live with my grandmother. My sister and her 3 kids also live here. My sister and her husband got into a argument over one of the kids, an argument happened and my sister went to jail. Now its to the point where DCF stepped in and is giving my sister custody during the week and her husband on the weekend. I am in no sort of a child provider for her kids, i dont baby sit or anything.

Now my question is since the baby lives in the same house the DCF worker said she has to run a back ground check on me and that I might have to leave the home. I have been arrested for simply battery and possession of marijuana. She said that she would have to take the info to her supervisor and take it from there.

Is it likely that I will be asked to leave the home while? I was not involved in the argument at all.

Location - polk county, florida

Answer:
 We can't guess whether it's likely.

DCF can't force you to leave without a court order.  They **can** force your sister to leave as a condition of retaining custody.  You'd need to decide which way you want this to go, if it comes down to it.Answer #2: In my experience, if the caseworker believes that it is not suitable for the child to be around you (in the same home), she can ask you to leave, or tell mother that mother can no longer have custody of the children while you are present in the home. She cannot *make* you leave your home, but she can try to get a court order stating that mother cannot have the children in the same home as you (meaning mother would have to move out if you didn't).


Title: Neighbors and private property: to give access or not? VT- USA

Question:
Hi all,

My good friend manages, and lives at, a camp with a long beach.  Her neighbor (that she does not really trust too much) asked if she could bring her kids into the camp property to swim on a regular basis. It was proposed as an ongoing arrangement.  My friend, the manager, does not want these people at the camp but also thinks that they will use the beach with or without permission.  For small town social reasons ejecting the family by calling the cops or some kind of court order is out of the question. So my friend choose to give permission to the family because, "She has heard of other people injured on a piece of land they weren't allowed on, and winning a lawsuit." I told her she was a fool to give permission to the family because they are definitely the type who will try to sue at the drop of a hat.

So, here comes my question: Who was right? Should she have let this family on her land? More generally- what are the legal advantages or disadvantages of allowing access to your property? Are there really legal examples (as commonly repeated in the rumor mill) of the trespasser (or even burglar) who slipped on the back steps and successfully sued?

Thanks!

EDIT: minor for clarity

Answer:
 There aren't any advantages to giving permission;  someone with permission is an invitee or licensee, and the property owner's liability to these is higher than the liability to a trespasser.

http://realestate.findlaw.com/owning-a-home/property-owners-legal-duty-to-prevent-injury.html

Your friend might also face problems with her employer -- I assume someone else owns the camp, and she's working there as the manager.

BTW, someone on this sub actually looked up the case of the "burglar who fell through the skylight and sued", and found that the real story was of a high school student who was climbing on the school's roof and fell through a skylight;  the school had known about the problem of students doing this, and had planned to board up the skylights, but hadn't gotten around to doing it.  The case was settled, probably because the school didn't want the risk of a large judgment given the history.Answer #2: > Who was right? Should she have let this family on her land?

That's completely up to her, and isn't really a legal question.

> Are there really legal examples (as commonly repeated in the rumor mill) of the trespasser (or even burglar) who slipped on the back steps and successfully sued?

Sure, it happens.

I'm not sure why your friend felt that they needed to give them access.  Giving them access increases her liability.


Title: About to loose status in canada as a student because parents dont want to support a "gay lifestlye" homosexuality is punishable by death in home country

Question:
Hi asking for a friend here. They are currently here on a study permit. They've been in canada over 4 yrs, theyve never left the country and they came when they were 16. The terms of their permit is that they must have sponsorship and be enrolled in school fulltime. Unfortunately their parents found out that they were gay (this person was assigned female at birth and now identifies as non-binary) and their parents have stopped sponsorship to them. Consequently they havent paid for this current semester and are not enrolled in the coming semester. Which means as of January 11 they are no lomger a fullbtime student. Will cic give a  removal order? If so will there be notice that they are at a risk of removal? What steps can this person take to stay in Canada as homosexuality is punishable by death in someparts of their country and nationwide a prison sentence of 14 years was implemented in 2014. The law is quite vague to the point that even suspected homosexuality is punishable by law and the authorities do not protect people in the lgbt community from any discrimination or violence against them.
 What are their options?

Im going to elaborate further because of the replies im getting. Their parents still sees them as a woman, and so would their native country. They identify as pansexual, but because they are currently dating a woman they would be living said "gay-lifestyle" their parents dont want to support.
Topic:
Immigration

Answer:
 He should speak with an immigration attorney. Here is the Canada asylum page: http://www.cic.gc.ca/english/refugees/Answer #2: In addition to the asylum page you could check out the resources [here](http://www.pflagcanada.ca/en/index.html). There appears to be quite a few connections that may be able to help your friend find legal resources.

Alternately, you could try to contact [these folks](http://www.immigrationequality.org/get-legal-help/). They're located in the US but they specifically address this situation. Maybe they can help point you in the direction of similar help in CA. Best of luck to your friend.  Answer #3: Not a lawyer, am Canadian.

I think your friend would do well to reach out to an LGBT activist group.  There are well-established groups who help in situations just like this.  I'd start with [Egale](http://egale.ca/), if they can't help directly perhaps they can offer directions to other services.

Sexual orientation is a protected class in Canada, and it's not unreasonable to think your friend might be granted asylum if s/he can show a danger to life if s/he returns home.

Good luck.Answer #4: your friend may be able to apply as a refugee.

http://www.cic.gc.ca/english/refugees/inside/apply-how.aspAnswer #5: This isn't advice, necessarily, but I've heard from expat friends that the immigration people in Canada are very reasonable and easy to work with (especially so when compared to their southern neighbor).  This doesn't make your friend's situation any less dangerous, of course, but it might help you find some peace of mind as the two of you go through this.