Title: NH - Cousins trying to go after my mother's inheritance

Question:
Not sure if this falls under estates or insurance or something in between.

My grandmother passed away yesterday. My mother has been my grandmother's full time caretaker for a decade, and grandma has lived with my mom for 28 years (she moved in the day my grandfather died and never left).

We cancelled Thanksgiving dinner, but my immediate family got together for a small meal. After a few drinks it came out that my 40 something year old cousin who hasn't held down a full time job for a day in her life wants to come after my mother for her share of my grandmother's estate. I learned that after my uncle passed away, cousin sent my mother an email stating that whatever share of my grandmother's estate would've gone to my uncle should go to her instead. And now she wants her money.

The thing is, grandma made it to 95 with horrible health for the past decade (lots of medical bills), so there's no money left. She only had a modest life insurance policy under which my mother is the sole beneficiary - which is 100% fair given the circumstances. Unfortunately my grandmother did not leave a will of any sort, but I'm not sure that matters if her life insurance policy is the only money available.

If it is correct that my mom is the sole beneficiary of this life insurance policy, is there anything my cousin can do? The cousin lives in Florida in case it's relevant, but my mom and grandmother are/were in New Hampshire.

If this actually becomes a real threat my mother will get a lawyer involved, but I'm curious to see what you guys have to say about this.
Topic:
Wills Trusts and Estates

Answer:
 The life insurance policy will pay out to whoever was named as the beneficiary(s).  If that's just your mom, she gets all the insurance.  If it's multiple people, it'll be split between them.

If the life insurance is set up to pay to your grandmother's estate, then it'll go to the estate and be used to pay off her debts and bills.

If there's no money left after all your grandmother's bills and debts are paid, then your cousin is SoL.  If there is money left over, then it'll be split according to New Hampshire's rules for intestate deaths.

Your grandmother was 95, so she lived through the Great Depression.  I would strongly suggest searching the unclaimed funds databases for every state that she has lived or worked in.  If she lived close to the border of another state, check that state as well.  While you're at it, check for her husband's name as well; absent a will, she likely should have inherited his stuff when he died, but they may not have bothered changing the accounts (or remembered all of them).

And when going through her possessions, check *everything* - every clothing pocket, rotted first aid tins, rolls of carpet, etc.  People who went through the Depression tend to squirrel money away and I've found it stashed in those locations (and weirder).

And I'm really sorry for your loss.Answer #2: Yes, your mother is the sole beneficiary of the life insurance if she is listed as the benefactor.  Non-negotiable.

Your cousin could hire a lawyer (because your grandmother had no will) and try to lay claim to any of her tangible assets (Property, stocks, etc), but as you stated, she doesn't have any estate left.

Your cousin can pound sand.


Title: I'm estranged from my grandmother, but many of my belongings are stored in her basement. She is moving and her house is being torn down and I'm afraid she is going to give or throw away my belongings. What are my rights?

Question: [deleted]

Answer: Have you asked her if you can have the stuff?  If so what did she say?


Title: Is there an argument that reddit moderators may actually be employees?

Question: Asking for a friend...but it seems like at a cursory glance that it violates the FLSA

Answer:
 No, not even close.

An 'employee' has a variety of factors.  Few to none of which are present for reddit moderators.

Someone can try to claim they are, but I don't think it would work.


Title: Trust Fund

Question: Alabama - My brother passed away and left his son (Dustin) a $50,000 life insurance policy. Dustin is now 21. His mother didn't want him to know about the policy until he was older so I didn't say anything. Today I learned that before Dustin deployed in the Navy his mother had him sign a POA to handle his finances while he was away. Needless to say the life insurance money has been distributed and Dustin didn't know about it. What are my options? How can I do a criminal background check on his mother's new husband?

Answer:
 you mean mom stole the $50k with the POA Or the kid never knew about it in the first place?

you can warn your nephew and advise him to revoke the POA. You can help your nephew get in touch with a lawyer and with his bank in order to protect what of the money is left and claw back the money that was stolen.

Google private investigators and security guard agencies. they probably offer background check services. or just buy one online. Answer #2: A POA requires the Agent to act in the best interests of the grantor.  In some areas it is illegal for the Agent to give themselves money from the grantor's assets regardless of what the POA says.

In any case he could definitely sue his mother in civil court.  But it sounds like he's not likely to do that :/


Title: [CA] 5 month pregnant GF demoted from Asst Manager position after requesting to have a 4 day work schedule for 1 semester to accommodate pregnancy/school schedule.

Question:
Back in August 2015, my GF was 4 months pregnant and an assistant manager of a corporate restaurant. She requested a change in her work schedule from 5 days a week to 4 days a week for the semester so that she can handle her school load while pregnant (Shifts would range 8-11 hours depending on closing duties). She would have stayed on as the AM and work the extra day if denied.

She was denied the request at the beginning of September 2015. Instead of allowing her to keep her position, she was forced into a demotion anyways  from asst manager because, according to the store manager "they preferred her not to be going to school" so that she could have open availability to them. Mind you, she had been an assistant manager for the same company for 3 years while going to school the whole time and has worked at the location for 2 years with the same store manager.

Mid September (within 2 weeks od the denial ) she was demoted to shift supervisor on grounds that her availability didn't work for the company. Immediately saw a drop in $/hr and hours per week.

In November she found out that ANOTHER assistant manager in the same franchise was PROMOTED to store manager, even though she openly expressed that she was also going to school full time while working for the same company, but she wasn't pregnant. My GF had a talk with this other asst manager in person to confirm all this.

In December 2015, my GF had a store visit from the district manager at her location while she was working a shift. She pulled him to the side to ask him why she had to be demoted because she was in school, yet the other AM was promoted. She filled him in on her being pregnant (which he knew already), that the shift change was for a semester only and that she would have stayed on working 5 days/ week as AM. The DM informed her that the conversation he had with her SM made it sound as if the SM left out information about her request back in August.

DM was under the impression/informed by the SM that:

- "my GF WANTED to be demoted because she didn't want to be an AM anymore."
- "That she didn't want to work more than 4 days a week."
- He was not aware that she only wanted the shift change temporarily for 3-4 months (semester length) but would still do 5 days/week if that's what she needed to do.

End of the year, my GF took her paid time off through the state (FMLA) and will be returning in May. However, she's not being reinstated as an AM when she returns.

My GF at first didn't think she was discriminated against, but now feels like she might have been. She wasn't even allowed to keep her AM position even after the request was denied. Looking into labor laws, she could have gotten a doctor's note saying she could only work 4 days a week and still keep her position.  She thinks because they didn't inform her of the law, that it was a simple mistake on the SM's side and the DM's office for not catching that and therefore the company should be let off the hook.

I feel that the SM did discrimate against my GF on purpose but is using her "availability/school schedule" as the legal reason for demoting.  It does not mention in their company handbook that she CAN'T go to school while working AND that if this IS company "policy, " then the policy should have stopped the other AM from being promoted.

What are your thoughts?

Answer:
 > End of the year, my GF took her paid time off through the state (FMLA) and will be returning in May.

Are you sure it's FMLA? FMLA is unpaid. Was this PFL?

> However, she's not being reinstated as an AM when she returns.

PFL (which is paid) does NOT guarantee job protection or rights return. If it's truly FMLA (unpaid) she needs to be reinstated to position, when she left, but that position was not as an AM, correct?

The school schedule thing muddies the water a lot here. Someone can absolutely be demoted, fired, whatever, for not being available due to a school schedule (regardless of whether that school is college, high school, or kung fu school). Employers also have no obligation to approve schedule changes because of school. Or to be consistent in whose school schedule they accommodate.

Did the other in-school AM request as much time off as your GF (or any time off) but was promoted, so that the only difference (at least that you know of) between them is that your GF was pregnant?

You can speak to a labor law attorney or contact the CA dept. of labor but what is your end game here, what do you want to see happen?


Title: I'm a mandatory reporter and my friend needs me to testify against claims her ex is making, but there could be a serious complication and I'm worried it would ruin my "credibility" and look bad in her favor

Question:
Okay, so I'm not sure how much details are needed with my problem, I keep editing details out,

I live in southern Louisiana, and recently my best friend Michelle* got the news that her ex husband Mark* is trying to get full custody of their kids (she currently has it) and only give her supervised visits by claiming things like she beats them with belts, their home is filthy and has roaches everywhere, and others. She has evidence against most of his claims, however some of them, like beating them and their home is filthy, there's obviously no way to really prove she doesn't beat them (but he would have no evidence showing bruises since she doesn't beat them), and she doesn't have any way to prove the claims against their living conditions aside from random Dept. Family & Children Services visits  (which, due to her current husbands ex wife going crazy, they actually *did* have DFCS visit and found the home fine, but that was once).

So I work for a hospital and do direct patient care, and her attorney told her if she had any friends who were mandatory reporters that visit the home often, to see if they would testify for her, which I am one and agreed to testify.

So here's my problem, again, with very few "details" and just the basics. I knew Mark first while he was just still dating Michelle, who I was not friends with at the time, they eventually got married and a few years later separated. during that time, Mark and I slept together for the first time. Mark and Michelle got back together but we still slept together a few times. As far as Michelle knows, we only made out and did some groping while they were separated and headed toward divorce, but never anything more and never while they were married. Michelle and I stopped talking for a few years after her friend made the claim that she saw us making out and Mark admitted we slept together (neither claim was true, and Michelle eventually learned that friend was lying). During the time we weren't speaking, her and Mark got a divorce, and I was still in contact with Mark from time to time to check in on their kids (I love them dearly). Mark invited me over to his apartment one day to spend time with the kids. He took a shower and the kids were outside playing with one of the neighbors kids, when he came out, he tried to get me to give him head. I wasn't comfortable with it, I was pregnant so it kind of made me feel sick, and I was in a relationship, so I declined. That was the last time I ever saw Mark. Michelle and I reconnected and are now really close. I told her about the incident at Marks apartment, but never, ever anything else.

I'm worried that if it comes down to me testifying, Mark will try to somehow use us sleeping together or claim the incident at his apt is just my way at getting back at him and use it to discredit me. I am 99.99% sure he has zero proof, I never sent him any dirty pictures, his phone broke many times while I knew him so couldn't have any saved texts (this was back when flip phones were in use), and I know we never took any pictures during our fun times (at least any I was made aware of). I obviously don't want to perjurer myself and would never, ever admit here on the internet that I do plan to deny the claims if he makes them without proof. If he makes them, can I ask to see what proof he has first? If I admit to them, what do I have to admit to? If I admit to them, how badly would it hurt Michelle's case (obviously I know you can't tell me exactly how bad but just an idea or if you've experienced something similar, that outcome). Is there a way for him to find out who is testifying for her before hand? If he can, does his attorney have to get proof from him regarding that claim and would her attorney know about it?

If I forgot any details or you need more, let me know.

Answer:
 You need to make sure her attorney is fully aware of all the facts so they can make the judgement about whether or not they want to risk you as a witness or not.

I think his attorney will struggle to establish the relevance of your past history with Mark or if they would even want to risk it (it could just as easily be turned around and affect his credibility as well).

But this is ultimately a decision your friend's attorney needs to makeAnswer #2: Given your history with both of these people, I don't think you can give unbiased and objective testimony.  If you do, you may be questioned about your prior relationships with them.  Will you be comfortable with the attorneys interrogating you about your relationship with Mark in court?

I would tell Michelle this and suggest she find someone else.

"Mandatory reporter" has to do with your occupation more than anything else.  It may help your credibility, but it's really not essential to testify.


Title: Need help with being served divorce papers please!

Question:
First of all, I live in the boring state of Indiana. So long story short, my cheating POS husband served ME divorce papers, only for some reason (he's an idiot, that's the reason,) he decided to serve them to Missy (married last name) and not Missy (maiden last name). I have not had the chance to change my last name yet to his (praise Jesus).

 I went to pick these papers up from the post office after an annoying week and a half of playing tag with the mail carrier and I was told by the lady working there that I cannot pick up said papers because the name on the envelope does not match the name on my driver's licence. I was overjoyed. I don't want them anyways lol. She marked them as undeliverable and I guess now they're being returned to sender.

 We have a status hearing in the middle of August and I have not gotten an attorney yet because I wanted to make sure I got the papers and saw his list of demands first. My question is what happens now? Do I have to get these papers somehow? Can he divorce me without me having to see these and sign them and get whatever he is claiming he wants? This is extremely important to me because I'm pretty sure he's trying to get one of OUR dogs. That dog is my child and is the only thing that actually matters in these proceedings. He can have literally everything else. I don't care. Does he have to re-file under the correct name? I don't want to go into a court unprepared and be blind sighted by his dumb ass. Any help is greatly appreciated. I have never in my life been involved in any legal matter in any way and I am truly clueless. Sorry if this got wordy. My middle name is thorough lol.

Answer:
 JFC. Just get an attorney and tell your husband to give you the papers.Answer #2: I don’t know why you don’t want the divorce papers. Getting and responding to them is the way to have a voice (tell “your side”) in the divorce.

You should get a divorce attorney ASAP and obtain a copy of the papers so you can respond with your attorney’s advice.

Anyone can file for divorce not just the most aggrieved party so the cheating is not relevant.


Title: (Brazil) Ex-girlfriend is demanding indemnity for breaking a "society" from a site she did the design

Question:
I am a programmer and had an idea for a site in 2009.
I created it and my ex-girlfriend did the logo and choose the colors. She is a designer.
I gave her half of the AdSense until september 2014. In this month, I decided not to pay her anymore because she hadn't done a thing since may 30 of 2012 and I was always programming new stuff and taking care of the site. The domain is mine. I never said it was a society, but I kept paying her half of the AdSense.
It is not a "business".
I said publicly in 2009 that she and I create the site. That is on twitter (and lots of people retweeted) and on some blogs.
She saw that the dollar was going up and emailed me yesterday saying she needed money, that it was a society (she repeated that a lot) and I broke it and not bought it from her, that she doesn't want problems and if I wanted to end the society, I should buy her part for US$ 15.000,00 (I think it is very high, but she said we could negotiate).

What do you think I should do? Negotiate and pay her? What are my rights?
Topic:
Computer and Internet

Answer:
 IANAL, and I'm not Brazilian, but it sounds like the two of you formed a "Sociedade em nome coletivo," or general partnership.

Like it or not, you've built a website that generates revenue, making this a business.

Furthermore, given the fact that you didn't hire her, but gave her half or the business's revenue for an extended period of time, which is right in line with the default division of profit in a general partnership.

It may very well be the case that she owns half of the business. You may need to consult a Brazilian businesses lawyer to figure out if that truly is the case.


Title: Update | [Florida] Realtors keep driving onto my property to show a plot of land for sale, they claim this is legal to do.

Question:
First, [here's my original post.](https://www.reddit.com/r/legaladvice/comments/3x7p30/florida_realtors_have_shown_up_on_my_property/)

And second, [here's my professionally drawn map of the property in question.](https://i.imgur.com/Vfsnkhg.png)

Lastly, thanks for your patience. A lot happened and I didn't want to ruin anything that was in the process of unfolding.

-----

I'm going to cut out a big chunk of what happened because it's not super relevant and I don't want to waste time. The gist is: the easement to the property in question is NOT on my property, but there WAS an easement there in 1986, however it was relocated when the property was surveyed and rezoned that year.

Fast forward, I went to the realty office and spoke with the owner of the company. He was pretty douchey - bald, short, fat, wore thick gold chain and a huge watch. Almost like he watched 80s movies and picks up fashion advice from the villains.

Anyway, he told me the owner of the property is very motivated to sell the land and that I should just buy it to get rid of the headache. The words he used and the way he said them immediately tipped me off that he was the one telling his realtors to pester me and go through my property and if I spoke up about it, I should just buy it myself. So of course I wasn't going to do that.

I told him that my gate is now locked to all trespassers, and that if he's lucky, I'll only call the cops when I see any of his employees on my property again. I regret saying that, but I was so frustrated with this guy, you don't even know...

So for the next week or so, I saw maybe two cars pull into my driveway, get to the gate, get on their cell phones then drive away.

The next week was Christmas and I got a visitor. It was the son of the guy that owned the property, visiting from out of state. His dad (the original owner) had died a few years back, and he was now looking to sell it because he doesn't want to pay the taxes and/or do anything with it. Apparently, someone at the realty office told him of what was happening and he wanted to come straighten everything out. He was extremely nice and apologized profusely. I ended up taking him to a bar (this was actually a few days before Christmas, don't want to send the saddest image possible of two older guys drinking alone in a bar on Christmas). Learned a lot about his dad taking him hunting and camping on that property when he was a kid. It was really nice.

So the property is about 80 acres in total, appraised at $280,000, but listed at $200,000. I told him I'd love to buy it and just keep it the way it is, maybe fence it off and add cattle to it, and his eyes lit up. I told him I don't have $200k sitting around and that I wouldn't feel right low-balling him. He kept pressuring me for a number, but I just couldn't come up with one that seemed fair.

Fast forward again, January 2nd. I get a phone call from the guy, asking if anyone has come to see the property in a while. I had almost forgot that the realtors used to pester me, and I was happy to report I hadn't seen any since we last spoke. He told me he took the listing off the market and dropped that realty company. He asked me again for a number, and I told him $100,000 was the highest I could see myself going. He said "sold!"

So a few days later, he showed up again with his lawyer, we signed some documents, I wrote a check, we went back to that bar to celebrate, and my farm just got 80 acres larger. Very, very happy.
Topic:
Other Civil Matters

Answer:
 Villainous realtors get their comeuppance? Check!

Owner of land makes a new friend, and has the property sold without the help of shitty realtors? Check!

OP makes a new friend, gains new land at a great value, sticks it to shitty realtors? Check!

And everyone lived happily ever after!!Answer #2: Your 100k is 100k more then he had. I bet he saw it like this. I got this land, i dont want it, its just costing me money to get something is better then nothing. You got a great deal, the seller is now 100k richer. Remember property is only worth what someone is willing to buy it for. I work in sales ive done crazy deals


Title: Hostile work environment?

Question: So I work for a franchised store which is part of a big corporate company. Unfortunately recently there have been some incidents with employees getting fired and all that blah blah blah. It's causing stress amongst the management. This is causing managers to talk bad about you where you can/cannot hear, daily fear for your job, the want to quit but can't because you need the job, and comments about how you could be fired. Assistant managers lie to get employees in trouble or fired. And talking to the gm does nothing since he causes some of the stress, if anything it makes it worse especially when talking to the gm involves complaints about an assistant manager. My next step is talking to corporate but is this a legal problem or not at all? Did I mention talking to our HR rep started all of this?

Answer:
 That's not a hostile work environment.

Managers are allowed to be mean to you.Answer #2: Not a legal problem.  "Hostile work environment" doesn't mean "the people I work with suck."


Title: A restaurant's "chef's secret sauce" contained ingredients I'm allergic to...

Question:
I'm in Wisconsin. I'm mildly allergic to seafood, but it's not something I usually need to be on the lookout for - I just avoid the seafood options entirely, and it can't usually be mixed with, say, chicken or beef dishes, unlike gluten or whatnot.

Today, I ate at an Asian restaurant, and the menu included a chicken dish "served with the chef's secret sauce" and no indication of what the secret sauce was, no warnings, nothing. Since it wasn't a seafood dish, I naturally assumed it would be fine for me to eat and I got that. Turns out the sauce did include seafood; I quickly erupted in rashes and mild swelling. It was quite obvious the sauce was to blame.

I don't plan to sue the restaurant or anything, but I'm curious about the legality of that. Surely, offering a "secret" dish that contains allergens with no warnings can't be legal, right? If not, I will let the restaurant know they should update their menu. Thank you.

Answer:
 Restaurants are not generally required to list every possible allergen in a menu item. It's on you to let them know if you have serious allergies.

Many Asian recipes contain fish sauce, so it's something you should be aware of in the future.Answer #2: You should be responsible for your own allergies. If I had an allergy, I would always ask. Even with fried food- do you make sure the fryer wasn't previously used for seafood? Nobody is a mind reader in the restaurant industry.  I'd mention my allergy every single time I ordered anything anywhere.


Title: i scratched a car trying to park :'(

Question: i was parking to get a few items, as i was trying to park, i scratched the car next to me. my dumb ass backed out and scratched it some more, my car was a little scratched and his had a scratch about a foot long. it wasn't bad on either ends but im scared my insurance will rise. however, he didn't take my insurance cuz i didn't know where my dad put it. so he took my number, car plate, car year and type. and a he took a picture of the scratch on his car. but he never took my insurance, does that mean they can still find out? can he somehow contact my insurance ppl from what he has?  (no cops were called)

Answer: Yes, you will still have to take responsibility for the mistake you made.


Title: [Ohio] My friend is being kicked out by her parents for being gay.

Question: My friend is 17, and she turns 18 in 6 months. In middle school after she came out her mother (only legal guardian) kicked her out for three days and she stayed at a friends house, then came home and told her mother she was kidding. Recently she went to a pride parade, and her mom got upset again, and she is expecting my friend out of the house by Saturday.

Answer:
 Your friend can tell her mom "no." Until she is 18 mom is legally obligated to provide for her. That said, having a plan for a place to go and someone who isn't garbage to live with is going to be a priority.

While CPS may be less likely to get involved with a nearly adult child, they can still be contacted. As can the police if mom attempts to forcibly remove her child.


Title: Can I sue my landlord for mold exposure? [CO]

Question:
I have been extremely sick for over two years with no explanation. I have had more doctors appointments and specialist visits than most people will have in a lifetime. I have developed a lung disease and many other health issues (but cannot "truly" prove it was the mold). I did test positive for mold toxins and I did have someone come in and test my apartment where they found Aspergillus, Penicillium and Chaetomium for a pipe leak in the walls.

Would I be able to sue and would it even be worth it? I can't necessarily afford a lawyer and would want to make sure there was an actual possibility of winning before I pay for one.

Answer:
 Depends on where the mold is and how often your place was inspected, repaired, cleaned before you moved in. Depending on where the mold is it could be your lack of cleaning that caused it.

If you just moved in and there is quite a bit then yes you can. If you have lived there for a while it is probably best you clean up the place.

Dilute bleach in water and spray.


Title: (NC) High school student being harassed by fellow student and their parent.

Question: Small town NC. A 17 year old student recently came out. A fellow student has brought parent into their business by taking video of females kissing (light peck) and parent is sending video of students around community, including the school principal. Administration is aware of situation, as the parent has previously messaged one of the students in the couple, accusing the student of “having issues with her daughter because she’s a straight woman.” Was wondering if there could be legal ramifications of taking photos of two minors without consent and sending them around?

Answer: The parents of the students involved can tell the shitty parent to leave their kids alone and not contact them further.


Title: I feel like I'm in Gone Girl - ex has fabricated stories, "evidence", and gotten fake witnesses.

Question: [deleted]

Answer: If your friends who are witnesses give a crap about you, you will ask them to show up and "testify" and they will agree to do so.


Title: Does the law protect my mother if she tells her verbally abusive and sexually coercive husband to leave a home they jointly own?

Question: Hi, I am trying to help my mother out. She tells me that when she called the police on her husband during past domestic abuse situations, they always tell her that she should go stay at a friend's house if she can. She is tired of being the one to leave and depend on other people when he loses his mind (he is certifiably insane and on various psychoactive medications which he mixes regularly with lots of alcohol--sometimes he takes viagara and tries to coerce her into sex). They live in NJ. Any legal advice would be helpful, since he is somewhat afraid of the law. In the meantime, I am trying to help her get a lawyer so she can get a divorce. Thanks for your input!

Answer:
 If she's being abused, but the police won't arrest him, she can try get a restraining order. The terms of the restraining order might force him to move out.

If that doesn't work, she'll need to either move out or wait for the divorce.


Title: Is my father sexual assaulting me?

Question:
I’m from Australia to start and for the past few moths my father has been touching and rubbing his hands on my ass, I’ve asked him to stop multiple times and tonight I said he’s sexual assaulting me, I was wondering if what he’s doing is actually illegal and what further steps I could take to prevent him from doing it again. Anything helps, thankyou. (If it helps I’m 15 and male)
Topic:
Juvenile and Youth Law

Answer: Yeah report it to the police cause this is sexual assault. And I suggest soon before it gets worse


Title: Someone called the police on me for no reason

Question: So today I was driving and had a green light to a left turn (not an arrow but the yield to cars going straight green light) and turned. A car in front of me had just gone and I was basically following them and someone was walking in the crosswalk and I had to stop suddenly to let them continue passing. I did not hit them. They suddenly yelled at me, turned around and hit my car with their umbrella. I continued driving and they chased me down and took a pic of my car/license with their phone. I didn't do anything wrong but I stopped and rolled down my window and asked, "can I help you?" And he yelled "I'm calling the cops!" This guy scared me honestly so I said "I didn't do anything wrong and I didn't hit you" and so I drove home. Did I do anything wrong or is this guy just crazy? What should I do? I'm in the US, Texas specifically

Answer:
 You were most likely required to yield to pedestrians crossing in the same direction as the green light. I highly doubt the police will write you a ticket for it, though.

Next time, be more careful.


Title: Sueing a mechanic shop

Question: So a local shop in Jacksonville Florida has had my Audi for 6 months. Not because of anything that has to do with my car, but because of a fight between shop owner and the mechanic who was working on my car. All of the mechanics in this shop are independent contractors. The mechanic pulled my motor then quit. Now the shop has no one to put it back in. Theyre claiming its the mechanics fault and respocibility lies on him which is bs. My car has been there so long i no longer have the warranty i got the motor with, so if the motor is no good im SOL. If i sue, what should i sue for. At this rate, it should just be for the price of the car. Theres parts scattered all over tis shop and i know the car wont go together properly.

Answer:
 You could sue for "Specific Performance" meaning that you're not suing to be awarded damages you're trying to get the court to order them to perform a certain serviceAnswer #2: Did you talk to the mechanic or did you talk to the shop when the car was dropped off? If it was the shop then they are responsible. If it was the mechanic and he just used the shop as a base then it's him.

I would get it towed to a new shop. Take pictures of the car as is before towing so the new shop can tell you if they can do it.
After it's fixed any extra cost you then go after the other shop/person that caused them. First demand letter then probably small claims.


Title: Can I change my pet's name to apply for insurance in MA?

Question:
My cat suffered from a blockage due to crystals and ended up in the hospital for over 4 days.  Since then, he has been to the vet multiple times for signs of blockage (in order to prevent another severe incident).  All of this has cost me way more than I can afford, but I love my cat and I want to do everything for him.  Since the initial incident, I looked into getting insurance...but with a pre-existing condition, it's impossible to get him covered.

If I change his name, change his vet, and miraculously get a clean bill of health during the initial check-up, could I attempt to sign up for Insurance without repercussion?

thanks for any input

Edit:
hah, thanks for the responses.  This is exactly what I was hoping to see.  My family wont let up on having me do this, and ignore my concerns that its unethical and illegal.  Hopefully this will get them to lay off.

For the record:
The initial hospital visit was 2k
Each vet appointment (of which there have been 5) with meds administered is $150-$200
The prescription food he needs to eat for the rest of his life is $90 every 3 weeks
They have a procedure they can do that is essentially a sex change which will prevent him from blocking for 3k

I have paid, and will continue to pay for everything.  If it gets to the point where I can no longer be financially responsible, I will contact a cat shelter that can care for him/find someone who can.

thanks again for the responses!

Answer: this is called insurance fraud and it's a crime.


Title: Two cars backing up in parking lot.

Question:
BLUF: Army base. Two cars backed into each other. Mine from the parking place. The other backing down the lane. 2 way flow of traffic in lane, she was backing up against the flow.

We collided, no damage me, bumper damage her. The police explained that if both vehicles were backing up then there is no “at fault”. She claimed she was not backing up. I was cited with a whopping $50 fine.

The next day the scene didn’t make sense to me in my head. So I went to the security office of the building and requested the security camera recording. In the video it shows her pass my vehicle a bit, then go into reverse and backing up several car lengths before we collided. Contrary to her police report.

I went to the military police station and explained the it to the officers and was met with “doesn’t matter”.

My question is, should I pay this fine, or do I stand a chance with requesting a court date with this video instead?
Topic:
Traffic and Parking

Answer: See a traffic lawyer, they aren't too expensive.  But either way if you think the evidence shows that you were not negligent/didn't do what the officer alleges you did then I'd contest it.  Traffic court is very informal and generally not the kind of place where you'd be ignored or steamrolled by a judge for procedural issues.  They'd likely just toss this out if you even had a minor amount of evidence to the contrary.


Title: Mom gave me money as a gift to help me buy car, and is now threatening to sue me for the money back? {TX}

Question:
So two months ago my car died and my mom took me to a dealership to buy a new car. The cost was $18,000 and I was prepared to put $1,000 down and make monthly payments on the remaining amount. Well my mom felt bad for me because my financial situation is not the best and it would take a long time to pay off, so she pulled out her check book and gave me $9,000 dollars toward the car.

I felt really bad and tried to refuse it, but she said it was okay and that this was my Christmas gift and she wanted to help me because she bought my brother a car last year and this would make it fair.

Well she got angry at me two months later (so mad she verbally abused me and punched me in the face a day after my wisdom tooth surgery) and is now trying to sue me to make me pay her back the money. Uh. Is that legal?! If I knew I had to repay it, obviously I would have never taken the money! The money was OBVIOUSLY a gift. I took it because she is my freaking mother and never expected her to try and SUE me. What should I do? The whole car is in my name and the remainder of the amount due is financed in my name. She stole my car title btw and won’t give it back. Which is whatever cause I just ordered a replacement haha.

Advice? My mom has a history of  mental issues (Anger issues, Narcissist) by the way. Should I just ignore her?

Answer:
 > gave me $9,000 dollars toward the car ...  said it was okay and that this was my Christmas gift

Unless there were some legal strings attached, such as the mental issues or something else in writing, your mother gave you a gift.

Legally, based on what you have written, you are fine. Personally, if you want a future relationship with your mother, figure something out.Answer #2: Can she sue you? Yes anyone can sue for anything.  Make sure to prepare your case, bring any proof you have that it was a gift any texts or anything. Itll be up to her to prove it was a loan and the fact that she did the same for your brother works in your favor that shes willing to give this kind of gift. You never told her you planned to pay it back or anything did you?

Good luck


Title: [Ohio] Weird Gas Station Employee Rules

Question:
My wife just started working down the street from where we live at a gas station while she finishes her degree.

They have two rules which strike me as strange.

1. If someone drive's away without paying, the employee on duty has to pay for the amount of gas dispensed.
2. If you do not finish your task list by closing time, you must still finish the task list but you will not be paid for your time worked after closing.

Are these rules legal?

Answer:
 1. It's not illegal to charge an employee and fire them if they refuse, but it would be illegal to deduct from their pay without permission.

2. Lol no. You have to be paid for time spent working. You can be fired if you aren't fast enough, but you still have to be paid.Answer #2: 1: not unless the employee agrees to the deduction.

2: absolutely not.

Those aren’t weird. They’re labor law violations that can be unpleasant for the gas station. If either comes up (docked pay without permission or unpaid labor) file a wage complaint with Ohio’s department of labor. Answer #3: The first isn’t necessarily illegal, but depending on how they tried to enforce it it could be.  The second is absolutely illegal.

You cannot deduct pay from an employees check without their written consent.  BUT the employer is allowed to have a policy where the employer must reimburse the company for any losses caused.

As for staying to finish work.  They are absolutely required to pay her for all time that she is required to be there.


Title: Friend got a fake 100 dollar bill from keybank. Manager even sees says fake bill and gives it back to customer saying he can't tell if its fake.

Question:
[removed]
Topic:
Removed - PII

Answer:
 Do you have a legal question?

In general, whoever has the counterfeit money when it is discovered to be counterfeit is the one that is SoL.


Title: (NC) quitting job after maternity leave?

Question: I'm almost 37 weeks pregnant and plan on taking my maternity leave a day before my baby is due and plan on returning 8 weeks later. But We decided working over 40 hours and a new baby was just to much.  I had planned on finding a part time job and giving a 4 week notice on my maternity leave I wasn't going to come back with the option to work until they did find someone.  I was told if I did leave I would be fined and told to pay back my short term disability pay.  My question is that can that legally do that?

Answer:
 IANAL, but at my wife's large multi-national employer, women who take maternity leave/short term disability have to come back and work for a certain number of days after the leave ends, or they are liable for repaying back all of the money they were paid during the leave (minus PTO days earned prior to leave). A woman in her department just did that a few weeks ago. Wife suspected she'd come back for enough weeks to keep the maternity and a few more to qualify for the annual bonus, but she decided a few days before  the leave was up she wasn't coming back. Left her entire department short-handed at a bad time of year. I'm sure that situation unfolds every day all across the country, and that is the reason for such policies.

Read your employee handbook, contact HR and request written copies of policies about leave, and weight the options yourself. Know exactly what it says and fully understand the pluses and minuses (including insurance ramifications) to quitting vs. staying in your position, then make the decision.


Title: Moved across country into an apartment filled with smoke; have a 7 month old. What can I do?

Question:
I signed a lease on a "no smoking" apartment prior to moving to Boston, MA. I have a seven month old and we were all the way in OR; plus it was a very fast move, so I didn't have time to see the place. I know, I'm an idiot.

The woman next door is old and a heavy smoker. My apartment reeks of cigarettes. The landlord occupied my space before and claims she couldn't smell anything and that it "never bothered her" but they are willing to let us out of the lease once they find new tenants.

Here's the problem: I'm in a new city and have nothing. My moving truck hasn't even arrived yet, so I'm with my baby in an empty, smoky apartment. I got an "air purifier" and the halls were steam cleaned but I can still smell it and I know it will only get worse. I'm going to have to pay to store my stuff (indefinitely??) so it doesn't also wreak of smoke when I finally can move out.

It's impossible to look for a new place because I don't know when I'll be out of here. The move was so expensive as it is and I can't be paying two rents for months on end while they find a new tenant (and I can't imagine they're super motivated to do so since they won't be losing a dime either way, in their minds). Once they do find a tenant, I guess I'll just have to scramble and find a new place instantly?? Tough to do with a baby and a dog, let me tell you.

They have my first month, last month, and a security deposit which totals 6k. Oh, and because the landlord and the smoking neighbor are just so close, the neighbor also has our key (we didn't say this was ok, she just informed us it was a fact and that we could meet this person who has a key to our apartment if want to and can tell the landlord whether or not we want her to have the key after, which is so unprofessional and frightening and awkward I can barely wrap my mind around it).

Is there anything I can do to get my money back? Ideally, I want to go to a hotel for a few days while I find a new place and have the moving truck deliver stuff there whenever it comes vs living in this shithole (it's actually amazing except for the poisonous air 🙄) for however long it takes them to find someone else. I understand they'll need to prorate the days I was here, but I can't stomach putting my life on hold to give them extra time after they duped me like this.

Any advice is appreciated...

Answer:
 Have you tried wiping down the walls (dish soap + paper towels)? Or are you saying the smoke smell goes through the vents?

If it was marketed as a non-smoking unit, try to speak to a local attorney.


Title: What can I do about civil forfeiture?

Question:
4 months ago I had my door broken down, the cops claim I was touching children and taking pictures of it, and had my phone, tablets, computer, laptop and other electronic devices taken.

They left me a search warrant with a list of what they took, and I have not heard anything but, "we're working on it" in those 4 months. No action has been taken, and it is clearly a false accusation, lest I have a perverted Hyde side.

What can I do? The best lawyer I could afford only told me, "Just wait," and every other lawyer that I have consulted has told me the same thing.

I want my things back, and I think it is clear that there is no crime and thus no action going to be taken by the police. There is no arrest warrant. What do I need to do to get my stuff back?

Answer: That isn't civil forfeiture.  That's police conducting an investigation.


Title: My mom has POA with my ailing grandma and is selling her house that I have a part stake in through her will

Question: My grandma has developed dementia and my mom no longer wants to care for her in her home so she's sending her to a nursing home.  To pay for this, they need to sell her house (apparently medicare/caid/whatever doesn't cover it unless the person has no assets?).  In my grandma's will I am being given half the house when she passes.  Am I still entitled to half of the proceeds once the house is sold?  Of whatever's left?  I am unsure about my mom doing this since she's awful with money but she is the POA so she's allowed to do this.

Answer: No. You are owed literally nothing. A will is for when people are dead. She isn't dead. It is her house and she can sell it to pay for her expenses. Answer #2: Unsure about what? Your grandmother needs to buy expensive medical care with her assets before I am willing to pay for it. This is why people are told time and time again not to count on inheritance. You get nothing in this situation even if she dies a day after the house is sold.


Title: UPS left package under my porch where I couldn't see it. Rain destroyed product inside (compter tower worth $849). They claim they aren't liable.

Question:
I ordered the computer 3 or so weeks ago and it said (allow 7 to 14 business says for delivery).

I patiently waited until today for the package. I made several phone calls before someone finally told me that it was delivered over 2 weeks ago, ahead of schedule. I told them I never received it.

They took hours to contact higher ups before telling me that it was likely stolen and they aren't liable.

Out of sheer coincidence I was going under my porch to grab my rub of salt from last year to prep the sidewalk when I see my fucking package.

My stairs are slotted slightly,  enough for rain to seep through. I took the soaked package in and tried turning it on. Dead as a doorknob. (Yes I plugged it in, I'm not that stupid!)

I called back furious only to be given a run around saying that it's my own fault and they have no responsibilities to my package once it's delivered.

Do I have a valid case here? Who the fuck hides the package under a porch and not tell you or make a note of it? I get that the deliverer was trying to not get my package stolen, but he also hid it from ME.

Fyi my porch is a wrap around and the package was waaay off to the side of the house, nowhere near the entrance or front door.

Answer:
 Call the vendor and tell them the computer was dead on arrival and see if they had insurance.

Don't plug in and try to turn on a wet computer you knob. Open it up (where possible), leave it in a dry ventilated space out of direct sunlight for 7-14 days to dry. Then try again.


Title: [New York] Landlord entering apartment at any time without prior notice, for the remaining duration of the lease

Question:
*Upstate New York, not New York City for clarification*

&nbsp;

It feels as if my landlord is being very intrusive and providing me no privacy.  After ~6 months of minimal communication with my landlord, I receive an email stating that he will be entering at any point for the remaining duration of the lease, to perform "emergency repairs" without giving any notice.

&nbsp;

I responded that I would like ~24 hour notice before he plans to enter, but he disregarded that.  He claims this is allowed, as the lease states "he or authorized personnel have the right to enter to make normal repairs, improvements, do code work, do maintenance work, or do other construction without prior notice."

&nbsp;

I have been trying to locate applicable laws, and the closest I have found is New York Real Property Law § 235, but I am unsure of how well they apply to the situation.  For example, § 235-d (1) seemed to be relevant, but it begins with "Notwithstanding any other provision of law, within a city having a population of one million or more ..."  However, my city is located in upstate New York, and has a population of roughly 30,000.

&nbsp;

I suppose my two main questions are:

* Given the lease clause, is my landlord actually allowed to enter at any point in time, for any reason, without proper notice?

* If so, what is the suggested course of action if he does enter under those circumstances?  Contact local police?

&nbsp;

**Edit:** I should clarify that while he claims he's making "emergency repairs" the work he is actually doing is along the lines of painting & tightening loose screws

Answer:
 First point: No

> Tenants have the right to privacy within their apartments. A landlord, however, may enter a tenant’s apartment with reasonable prior notice,
and at a reasonable time, with the tenant’s consent, either to provide routine or agreed upon repairs or services, or in accordance with the lease.

Number two:  You send a C&D, sue him for breaching terms of the lease (you have a right to quiet enjoyment of your property). Contact a LL/Tenant organization in your area for more info.

Edit: [this](https://ag.ny.gov/sites/default/files/pdfs/publications/Tenants_Rights.pdf) might be useful for you to look through.


Title: [UK] I accidentally forgot to remove a pocket knife from my bag before going through airport security

Question:
As the title says, I forgot to remove a pocket knife from my bag after moving from Aberdeen to Edinburgh and went through airport security. The additional issue is that the blade of the knife is apparently outside of legislation (more than 3 inches) which means that according to the officer who interrogated me, I could have been arrested if it were not for his niceness.

I am 27, a grad student, never had any trouble with the police in my life, what trouble can I realistically be in? The officer eventually let me through and told me that even if he didn't arrest me because, well, it's christmas, he would follow-up and it could end up in a warning and/or a fine.

EDIT: Thanks everybody, based on the feedback I am a bit less worried. If I have to pay a small fine so be it, it'll be a lesson learned for the future: don't buy a bag with too many pockets, or you will forget something bad in one of them. Hopefully the officers realized that it really was an honest mistake.

Answer: So what is the legal advice that you require? Sounds like it worked out pretty well for you.


Title: [x-post r/pf] Got a bill from my state Dept. of Revenue for $1400 I don't have. I don't know why or what to do.

Question:
Hey everyone, This is a throw-away because of embarrassment. I'm in quite a bit of a bind. I just got a bill from the Minnesota Department of Revenue for $1400 dollars. It doesn't say on the bill why I owe this money other than it's from the 2010 MN property tax refund I received. It says I have to pay by Oct 16 or they will garnish wages. I don't know what's going on.

I actually got one of these 2 years ago for about $700 bucks from my 2008 (or 2009, I don't remember) property tax refund. I paid it then because I a) had the money and b) figured I made a mistake on something I filed. Now I'm getting another one for twice as much! In all honesty I may have made a mistake on some form, I was still in college then, but I don't know what I did. Now I'm really worried I'm going to keep getting these bills every year or two!

I just don't have that kind of money laying around, and with only 3 weeks to pay I don't know what to do. The bill says I can apply for payments, which is what I'd have to do, but if I do that am I giving up my rights to fix this?

I guess the questions I have immediately are:

    Should I just pay this again?

    If not, who do I contact?

    Is this something I need a lawyer for because of the recurring possibility?

I really appreciate any and all help. I have no idea what to do.

I know this isn't a lot of money compared to what gets asked about in this forum, but to me this is a HUGE chunk of change. Thank you guys.

Answer: You should never pay a tax bill you don't understand. There is a number on the bill, call to get more information. If the debt is legitimate you may be able to set up a payment plan.


Title: (Ontario) Looking to annul an unconsummated marriage, looking for advice

Question:
My wife and I have been married for about a year, and I am looking to file for an annulment. I have no sort of legal council and no clue where to start. Her and I have been unable to consummate the marriage. She has started some level of treatment, but the damage has been done I'm afraid.
Topic:
Other Civil Matters

Answer: Did you know of the issue she has before you got married?


Title: Gap, PA Driving under expired inspection. Got ticket. Cop wrote down I have a 2 door car, but I have a 3 door. Should I fight the ticket on the paperwork technicality or just pay the $127?

Answer: You should definitely fight it.  That way you'll get to pay **both** court fees **and** the original ticket amount when the judge laughs at you and finds you guilty.


Title: [AB] A person scammed me and took my $200, the officer told me he won't get the money for me and says one of my options suing her, what do you guys think?

Question: [deleted]

Answer:
 No I don't think you should sue the prostitute for not having sex with you after taking the money.

Chalk it up to a lesson learned. Remember: you don't pay her to come over, you pay her to leave. Answer #2: >should I sue her?

Wow.  No, because you will not be able to properly name her, serve her, nor collect from her.  (And even if all of those things were POSSIBLE to do, they would not be worth the time, trouble, and money that you would have to expend to do them.)


Title: Pregnant and wanting to move away from my baby's father. Legal implications?

Question:
Some background on the situation...

My boyfriend and I have been together for a little over a year. I am from PA, he is from NY, we met in SC. His father still lives in NY, but his mother and brothers live in SC. We recently (Jan) moved four hours away from where we met and where his family, and my friends, live in SC. We are in a new town, with no friends and no family.

Now, I am 23 and he is 31. He makes roughly 24k a year, and I am a waitress. When I found out I was pregnant, I expressed the desire to go back to school which my boyfriend quickly shut down. Since then, my mother and grandmother, who both live in PA, have came up with a very good plan. They have refinished the basement of my mother's town home for me, and got me a job at a University. I would be making more money than my boyfriend, and I would go to school for free. My grandmother is retired and has offered full-time childcare while I go to school. Due to the fact that I'm still a resident of PA, I would also be eligible for government assistance there, should I need it.

My baby's dad is threatening me, calling me awful names and screaming at me,  saying if I leave he will get custody of my child because his family has more money than mine does, and because four years ago I was under psychiatric care for episodic depression. I've been on the same depression medication for the last four years, and I have had no depressive episodes since then. Even during my depression, I was never violent or expressed to urge to hurt anyone.

My question is two fold. 1) Are there any legal implications of my moving now? And 2) What are the chances of him getting custody based solely on the finances of his family and my old depressive episode, if the baby is born in PA and is surrounded by family, while he is still here, living alone?

I know these questions may not be cut-and-dry, or answerable at all, but I have my family encouraging me to return home (which is ultimately what I want), and his family telling me to stay here. I just need an outside, unbiased opinion on this matter.

TL;DR My baby's father will be living in SC alone and I hope to be living in PA with family when the baby is born. Are there legal implications of leaving the state while I'm pregnant? And is it possible for him to gain custody based solely on a depressive episode I had years ago and the financial status of his family?

Answer: Not legal advice, but he sounds unhinged. Move to PA as fast as you can. Let him file there.


Title: Keep receiving the same "threat" letters from a lawyer every month, but nothing has been filed through the courts (USA). Why?

Question:
My wife and I keep receiving the same letters and motions from a lawyer regarding a child custody/visitation case around the same time each month for the past few times. We call the courthouse and they say nothing has been filed. We talk to our lawyer and he also says nothing has been filed. We are fully prepared to go to court, and will most likely win due to having evidence that goes against what the other lawyer says.

The opposing lawyer sends court documents (without the filing stamp) through regular mail each time.

Why would they do this instead of just filing the motion at the courthouse?

Location: Ohio

Answer: The opposing party isn't paying the filing fee would be my guess. Just advise your attorney every time.


Title: Can TSA legally touch my labia during a pat down?

Question: This just happened in Chicago, IL. I’ve been pat down many times without having my private parts touched. It happened another time in Arizona, where it really hurt - she jammed the side of her hand into my labia twice. This Chicago incident wasn’t as bad. It was very uncomfortable but didn’t quite hurt.

Answer:
 In general without any other context, yes this is legal.

Answer #2: You were randomly selected for an invasive pat-down. They are legal and ridiculous


Title: [Hypothetical] Can slapping someone who rips your earbud out of your ear be self defense?

Question:
* Person A is wearing earbuds.

* Person B (a stranger) comes up to Person A and suddenly yanks on the cord so hard the earbuds come out.

* Person A slaps Person B instinctively, hard enough to leave a mark.

* Is this self defense? If not, are there other defenses of the slap which would mitigate or remove the normal legal punishment for using violence on someone?

Answer: Self defense means that you had a reasonable fear for your safety. It also means that your self-defense was the only possible means of keeping you safe - E.g. you could not run away, or convince them to stop attacking you, or intimidate them, or call for help in time and so on. It doesn't sound like your situation is actually dangerous, so any force you use is excessive. As for other situations, it may be the case that if someone invaded your home in a stand your ground state you  could have the right to use violence to make them or leave. That depends on the specific state's laws though, and generally requires them to actually intrude inside your home uninvited. Alternatively, if you have certain mental disorders or are proven to be insane you would also not receive the "normal legal punishment", though your caretaker may be partly responsible. I'm not a lawyer, and this isn't legal advice.


Title: Friend wants out of abusive relationship with bipolar person off her meds. She’s threatening to kill herself if he leaves, what can he do?

Question:
She is an undocumented citizen living in the US without healthcare. We’ve suggested dropping her off at a psych facility for a hold. Would that require her to have healthcare coverage?

She has no friends or family here. Though she is a danger to him, he doesn’t want to leave her high and dry with no place to go (they live together) or someone to watch after her when he decides to leave.

What are his options?

**Sorry if this is the wrong sub. If someone could point me in the right direction, that’d be great.
Topic:
Healthcare Law including HIPAA

Answer: He can leave. If he's sincerely concerned she might harm herself, he can speak to a suicide crisis line, or to emergency services, and let a professional deal with his former partner. He's not legally obligated to intervene at all, and he's likely not professionally equipped to help even if he wants to, if the threats of suicide are in any way sincere.Answer #2: Leave and call 911. Threats of suicide should be taken seriously, but are often in abusive relationships a way to make sure their partner doesnt leave them. Calling 911 ensures their safety along with letting your friend leave safely.Answer #3: Leave. Then call the police non-emergency line so they can check on her. But he needs to leave. Answer #4: When they threaten to kill themselves, call 911, then leave them


Title: (IL): My father (68) remarried my mother (60) about two years ago to save her from homelessness, and shortly afterward he became very sick. She mistreated him, relegated him to a nursing home and relocated $18,000 from his accounts. He's divorcing her now: can she take half his assets?

Question:
He's speaking to his lawyers today, I am asking here informally to get some bearing on easing my own mind.

My mother lost her home to foreclosure around 2012, and to save her from having nowhere to go and make sure she was cared for my Dad remarried her and let her move in with him. From the beginning she wasn't treating him well, though that may have no bearing on this. In spring of 2015, his health declined to the point where he couldn't get around easily by himself anymore and became largely dependent on my mother.

My dad was a partner in a family business which is just barely in the black, and when his health got very bad he was taken out of the business (to protect it from my mother, I suspect) and given severance pay of around $24,000. While he was in the hospital and later a nursing home, where he was kept on opiates 24/7, my mother spent $6,000 of that and moved the remaining $18,000 into different accounts my dad didn't have access to.

The opiates eventually caused a bowel obstruction that nearly killed my dad (I want to point out he is not suffering from dementia). He had an emergency operation to remove his colon and the lower third of his intestines. The assumption was that he wasn't going to make it, but he did, and once he was off the opiates his mental condition was perfect.

He asked for and I brought him a laptop in the nursing home, he checked his bank accounts and found all that money missing. He has since decided to divorce my mother, who again never treated him very well anyway, often referring to him as a piece of shit while he was lying there in that nursing home, so really it's a relief to me that he's going through with this.

What claims does my mother now have on his assets? Will he have to pay alimony to her? Again they were only married two years, all of these assets were acquired prior to the marriage.

Answer: She would only be entitled to half of the marital assets. So things acquired during the marriage, money put into joint accounts. A judge can deviate from the 50/50 split if it's fair. Although your dad's lawyers will best advice him on his to proceed.


Title: [TEXAS] Received letter in the mail for saying I owe $200 for "No Payment" in private parking garage.

Question:
[deleted]
Topic:
Traffic and Parking

Answer: You can ask them to verify the debt.  They need to prove it was you that was parking there.


Title: Did I break the law?

Question:
Hey there Reddit! Long time lurker here, first time poster on legal advice. I'm hoping that this is the right sub for this.

Highlights
Happened in Virginia
Manage the freight and logistics for a small company
Internalized a lane that an outside carrier was doing.
Accidentally told their driver they were losing their job before the company did.
Tried to do damage control, but it is starting to blow up in my face.
Outside carrier is threatening lawsuit?

Am I in deep shit?

Answer: You didn't break any laws but you could be fired.


Title: WA - Injured back at work, smoked weed with friend to stop pain, employer policy requires drug testing if there's an accident.

Question:
I had an injury at work and I used marijuana to treat the pain once. I never used it before, but it is legal in WA so I used it and it worked well.

The employee manual states "alcohol and illegal drugs" are not allowed to be used at work or to be under the influence while at work but does not directly mention usage in general as fireable. Now I have to take a drug test requested by my employer.

To anyone familiar with WA state laws in this regard:

Can L&I deny my claim based on a failed drug test for THC?

Because of the grey area that is marijuana in the state of WA, am I at risk to lose my job if I test positive for THC?

Is THC an automatic "fail" still in WA state for drug tests?

Thanks for your time, I really appreciate the help.

Answer:
 >I used marijuana to treat the pain once. I never used it before..
>
>Can L&I deny my claim based on a failed drug test for THC?

Probably. They're not going to believe this is the first time you ever smoked pot, and that you did it because you've never heard of ibuprofen or doctor-prescribed pain pills. They'll argue you were using drugs on the job, that your drug use was related to your injury, and that the test "proves" you lied.

>Because of the grey area that is marijuana in the state of WA, am I at risk to lose my job if I test positive for THC?

Yes, and the "grey area" has nothing to do with it. Even if smoking pot recreationally was indisputably legal in WA, you could still be fired for it.

>Is THC an automatic "fail" still in WA state for drug tests?

Usually. It depends on whether or not the employer/agency that ordered the test chooses to define it as a "fail".

You don't have a prescription/recommendation for medical marijuana, so you can't use that excuse for THC showing up on your test.


Title: If I'm shipping something legal enduring middle of shipping it becomes illegal can I get in trouble?

Question: [removed]

Answer: Maybe, but you decided to write a vague post that is useless for actually getting a useful answer to your question.


Title: Can landlord give tours while we still live here? (AK)

Question:
Hello,

We plan on moving in 2 months and our land lord has told us they have kind of an “open house” and plan on letting potential future tenants tour our house. So far they’ve scheduled at least 3 tours. We haven’t even given our formal notice yet.

I’m not completely ok with random strangers walking in our house while we still live here. I’m just wondering if this legal? Thank you.
Topic:
Landlord Tenant Housing

Answer: Yes if they provide adequate notice.


Title: [TX] Question about legal definitions

Question: [removed]

Answer: Neither of your sources is based on Texas law and thus are irrelevant to your question.


Title: Cops took pictures of me at a massage parlor...

Question:
This is in California. So I've been looking for a decent place in my city for my lower back. Found a place online that was open now and drove out there. I was a bit weary because of the shadiness of some places so I didn't know what I expect.

When I got to the door it had a buzzer which was the first sign it was a shady place. When I got in an older woman greeted me, she asked, "Is it OK if I massage?" I then asked her if she had any males (religious preference), she said. "No you come back next time".

So I left. The entire ordeal was about 2 minutes but when I went back to the car this massive black truck came blazing around the corner and stopped just short of my bumper. Nobody got out. They just sat there.

Then as I was driving down a street I noticed an all white SUV parked facing me. There was a man in uniform with a massive DSLR sitting there looking right at me.

The car isn't under my name, it's a friends. Should I expect anything to come from this?

Answer:
 You didn't commit a crime that can be proven in court, so you (and your friend, whose car tags got photographed) aren't going to hear more about this.

But your cover story is kind of adorable.


Title: What would happen if, as a test of your rights, you and a friend were walking, saw a cop and made it obvious he sees you say "Oh Fuck! Run!" and then you both start running away from him.

Question: And assuming the cop looks to be young, in good shape.  So would the cop run after you or what?  And lets say you don't run too fast and let him catch up to you and you just keep walking away from him?  He wouldn't have a right to stop you would he?

Answer: A cop can stop you briefly based on reasonable suspicion that you committed a crime, which this would meet. If he shouted “Stop!” and you kept going you’d now be disobeying a lawful order and pretty soon you’ll be the subject of the next viral video.


Title: boss is withholding pay and now threatening to dock it

Question:
so ive been working for this general contractor for around 4 months part time. He hired me on as an extra pair or hands, im a 17 year old guy. He fired me around 4 weeks ago for :poor job performance", most of which he was never there to witness even if it was the case. i am owed around 33 hours of pay from 2 past pay periods and he was refusing to pay me tose hours, now he said he will pay me but will be severly docking them because of my poor work habits.

Is he legally aloud to dock my pay like that, after the fact, and is by how much.

i live in vancouver canada, if that makes a difference.

thank

Answer:
 He has to pay you for hours worked, at the agreed-upon rate.  He can't decide to retroactively pay you less because of performance; his option is to fire you, which is the option he chose.

I'd start with the [Labour Relations Board](http://www.lrb.bc.ca/contactus/).  Answer #2: Nope. You should contact your....Ministry of Labor? Is that right Canucks?


Title: 14 y/o girl is lying about her age and is marrying a 24 y/o man. Can police track her down through Facebook?

Question:
My friend's daughter is a runaway, she's been doing drugs, hooking up with this man who she is now going to "marry.' She is 14 but pretends she is older than twenty-one, she has post images of her drinking/smoking pot/crack online. Is there something the police can do to at least bring her/him in? Our concern is that she's going to end up beaten or dead.

She has been in police custody before, but gave a false name and managed to avoid jail. From what I understand she has warrants out on her.

Our location is Orange County, in CA.

Answer: Yes, there are things the police can do.  Your friends need to report this.


Title: Lent my ex money. How do I get it back

Question: I'm in Massachusetts. I lent my ex girlfriend a bunch of money that she said she would pay back. I wrote checks so I have a paper trail and a spreadsheet of what I gave her and what she paid back. There is still a lot of money she owes me however she has now blocked me on facebook and possibly blocked me from calling or texting her. Whats the best way to go about getting this money back? I know shes currently living with her grandparents in Mass and she left her social security card behind at the house she was staying at with friends (which I had to go clean out because she left it a mess).

Answer:
 I would start by calling her and politely asking for payment arrangements. I would call her grandparents' landline to avoid any phone blockage and to implicitly let her know that you know where she is. If she won't cooperate or if she breaches a payment agreement, then it will be time to consider court.

How much does she owe you?Answer #2: I'd send a letter via both regular and certified mail (with proof of receipt) to her grandparent's address requesting repayment.  You might even attach screenshots of the texts and other correspondence between the two of you in which she promised to repay the money so that she's well aware that you'd have evidence that the transaction was a loan and not a gift.  Either demand payment by the date initially agreed upon (or, if you didn't specify a timeframe before things went south, give a deadline in the letter) and let her know that failure to pay by X date will result in you filing suit and seeking the principal amount of the loans, plus court costs, judicial interest, and attorney fees, if applicable.

Hopefully she pays without you needing to go to court.  Good luck!


Title: Boyfriend backed out of moving into apartment w/me, is a leaseholder. What do?

Question:
Title says it. We both signed the lease and contributed to the deposit. We were supposed to move in yesterday, we are pretty much breaking up and now he's not moving in. How do I get him off the lease, CAN I get him off the lease, is he still obligated to pay his share, what the eff do I do because I'm super screwed now. I live in Ontario, Canada if that helps.
Topic:
Contracts

Answer:
 If you are jointly and severally liable then both of you are still on the hook for all the rent.

Your landlord may allow him to sublet but it is unlikely they'll let him just walk away from the lease.


Title: My mother who is diagnosed with late stage 3 Alzheimers wants to get married to a scammer - Colorado

Question:
I have opened a case at adult protective services, and I will attempt to get conservator ship of her estate.  However I live abroad and can't return for two weeks.  I'm afraid she will get married during the interim.

My Questions

1.  Is she considered competent to enter into a marriage of her own volition with the Alzheimers Diagnosis?

2.  I have POA over her stock portfolio, but she (and the scammer) also have access to it.   Can I move the portfolio to another account in my name.   If so would there be tax or other legal ramifications.

EDIT - Thanks for your helpful responses, I'm not out of the water yet but moving in the right direction.

Sorry some of my replies were not placed correctly, It was my first time with a reddit mobile app.

Thanks again for your help gentlemen and ladies

Answer:
 Background check the guy to find out if he may already be married.Answer #2: How do you know this person is a scammer? That's definitely information you will conceivably need in this situation. For example, does he have a history of this behavior and, if so, did he take significant assets from the woman? Does he have an arrest record?

I'd be very curious to know more about this aspect.


Title: Tenant isn't paying rent at all. What should we do?

Question:
My father just rented out his apartment in NJ on April 2015. The tenant was paying on time for April and May until this month of June. They haven't payed anything. We contacted through text, calls and in person but the tenant keeps making excuses.

Our agreement says that if the rent isn't paid the agreement can be terminated by the landlord.

What would be the best course of action as of now.
Topic:
Landlord Tenant Housing

Answer: Contact a local landlord tenant lawyer to walk you through the Pay or Quit notice requirements for your jurisdiction.


Title: Can/Should I call Social Services? PLEASE HELP (Florida)

Question: [deleted]

Answer:
 Most of your post contains completely irrelevant details.

If you believe the children are being neglected or abused, call DCF.  If they have reason to believe your claims are substantial, they'll investigate further.  The presence of roaches in the house is a cause for concern.

Your judgement of his current relationship doesn't mean anything.  Maybe he's dating her for cheap housing, which she's willing to provide in return for feeling needed.  Doesn't matter.

Reports to DCF can be anonymous, but operate on the assumption he'll know who complained eventually.


Title: (IL) My (22F) neighbor (26M) has borrowed money from me in small amounts that have added up to over $2,000 over the course of a month. He is very inconsistent and keeps pushing back his paybacks due to “emergencies” that I don’t believe are real.

Question:
(TLDR at the end)

(I live in the city of Chicago) Hi, so my neighbor has borrowed money from me over the course of a month (October - November) that has now totaled to $2,266. It started out with needing money for catching a flight, then it was buying another flight out to his sister’s funeral, then it was his dog vet bills because he claimed his dog was sick, then it was his dad’s medical bills, then it was to cover a small amount of his rent, and the list goes on. He keeps giving me some sob story of how everything is really messed up in his life and he is really struggling. I was naive and way too trusting, and kept lending him money.

I sent him the money each time through Zelle (my bank account to his bank account). I have text messages, emails, and a recorded phone call of each “reason” and his promise to pay me back. He initially promised me to pay back the full amount by Nov 22, and explained exactly how he is getting the money, and even said he got a check from a family friend who offered to help pay off the debt. He sent me a picture of the check with my name on it for $1,500. Ever since then, some other “emergency” came up and dodged any questions I asked about the check. He would promise to meet with me to discuss the debt in person on some day, but when that day came he was unreachable (phone calls went straight to voicemail). He would then continue to send me a text here and there promising he would be home the next day, apologizing for not coming home, and then the next day the same thing happened.

Every time I try to call him, it goes straight to voicemail. He won’t reply to texts for half a day to a whole day later. When he does send a text, and I call him right away, it rings but he doesn’t answer. Today, I tried calling again but this time I got the “this phone number has been disconnected”. I hear him coming home (his door is right next to mine, I hear when the lock on his door unlocks/locks), and I try to knock on his door as soon as I hear it, but he doesn’t answer.

Through google, I learned that he had a history of burglary (convenience store 3 years ago). But he doesn’t have any social media accounts, no online presence, nothing. All I have now is our texts and emails, his address, and his full name.

I looked into the pro se court in Chicago, it seems like it would fit my case, but I wanted to hear if there are any other options I should consider and/or what I need to prepare for doing something like this successfully. I just graduated college a year ago, so this chunk of money is fairly significant for me.

I am also afraid of him just not being able to pay back that money. He doesn’t have a stable job or income, and he seems like the kind of guy that gets into debt issues a lot. Even if I win in court, how does the process of collecting payment work?

TLDR; my neighbor owes me $2,266 but is extremely unreliable and almost unreachable, keeps flaking on meeting with me, has disconnected his phone number and my only source of contact with him, and keeps pushing back his promise of repaying me further and further.

Thank you all so much.

Answer: You can sue in small claims for the amount, but if your neighbor doesn't have the money you aren't likely going to get paid back.Answer #2: Stop lending him money and ask him to pay you back.  I hope you have proof they were loans.


Title: Can I fly with a bench warrant?

Question:
I'm on misdemeanor probation (Non-Public record) for retail fraud. I failed to appear for a probation violation hearing and a bench warrant was issued to me out of MI.

I want to fly to California to visit family I haven't seen in about 5 years, is it possible I could be arrested at the airport, would the airport security or staff even have an idea I have a bench warrant?
Thanks in advance for any help you can offer me.

Answer:
 Better advice, don't skip probation and go fix this problem. Going to jail for a probation violation on a misdemeanor is pretty dumb.

Its hard to say if they do warrant check for passengers, and even harder to say if the California police would be a aware of a bench warrant in another state. At the very least its not something that's going to put you on the no-fly list. so you have that going for you I suppose.Answer #2: > is it possible I could be arrested at the airport,

Yes.

> would the airport security or staff even have an idea I have a bench warrant?

Generally, yes, the airport staff have access to NCIC and can see filed warrants.


Title: Spent the night in a holding cell because having a uniform, keys to the building and the alarm code is not enough proof I work there and not breaking in. Ontario

Question:
I work at a local computer repair shop. We're closed Sundays but my boss allows me to come in on Sundays because it fits better with my school schedule. As I was leaving yesterday out the back door 2 cops pulled up and arrested me for breaking and entering. I tried to explain to them that I work there, and I would prove it by unlocking the door and turning off the alarm. They said that wasn't proof and arrested me anyways. I didn't put up a fight because I'm not stupid.

They let me try to call my boss but he was out of town ice fishing for the weekend and didn't have a cell signal so he didn't get my message until this morning. They still didn't let me go until about an hour ago when my boss physically came to the police station and told them that I do work for him. Apparently someone down the street had called in about me because we're not open Sundays so no employees should be there.

Is there a complaint or something I can file about this? They didn't even check if I was breaking and entering, they just straight up pulled up and arrested me.
Topic:
Canada

Answer:
 Check with r/legaladvicecanada

Your only avenue of recourse is likely to be lodging a formal complaint with the police.Answer #2: You can file [a formal complaint](https://www.oiprd.on.ca/complaints/complaint-forms/) about the police's handling of the incident with the OIPRD.


Title: (CA) Friend who had a mental breakdown may want to pursue legal advice. Need advice.

Question:
Hello,

My friend had a mental breakdown that involved the cops being called our place. He woke me up early in the morning, yelling and asking me weird questions. I tried to calm him down, but he went on and on saying weird stuff. He picked up a glass object and threw it to the wall, shattering it and causing damage to the wall. He then went into his room, picked up an empty alcohol, threw it to his wall, and created a hole in his wall. Being terrified of his rampage, I locked myself in my room, called the cops, and he was arrested and sent to a psych ward for medication and evaluation.

My friend has been showing signs of mental issues for the past week. Each day, it was getting worse and worse. The night before he had his mental breakdown, we both took a hit of weed because he insisted over and over to try some. I took one hit and went to bed so I could get it over with. He called me yesterday saying that he talked with his lawyer, saying that I am in a huge amount of trouble that I did not tell the officers that I had taken a hit the night before. He says that me not telling the officers about me being high and me telling the officers that he has been smoking medical marijuana (he has been smoking medical marijuana to help him with depression and other factors) was a huge factor that could've prevented him from going to jail and the hospital. He also claimed that I was drunk during the night, which is not true, since I didn't have a single drop of alcohol the night of the incident. He also went on to say I was the one that wrecked the apartment! (I will be posting another post about getting out of my lease with him)

The officers never asked me if I was under the influence of anything. No, I was not high when I woke up (one hit does not keep me high for that long). It was 4-5 hrs after the hit when I made the call to 911. I answered everything the officers wanted to know about what happened and they went from there. I'm worried he might try and get legal action against me. My neighbors heard him yelling during the morning and causing the ruckus. Apparently, his lawyer is one of the best in the region, and I am afraid that they want to take legal action against me for stating that I made up all of these claims to send him to jail and the hospital and that all of this happened to him because I failed to tell the officers I had THC in my system. Any advice I can get from you guys? Should I lawyer up soon?

TLDR: Roommate went crazy, went on rampage in our home, called the cops, was arrested and sent to jail&hospital. He blames me for all of that happening because I failed to tell cops I was under the influence of marijuana (even though it was 4-5 hrs after my only hit). Now, he may want to take legal action. Need advice. Sorry if TLDR was too long.

Answer:
 Your roommate is a nutcase, ignore him.

You were under no legal obligation to tell the police about anything you did or to provide them with any medical information for him. They showed up, he acted nuts, they put him on a psych hold. You're not responsible for any of that.

If you get actual paperwork from the court, then lawyer up. Until then, sever ties and move on.Answer #2: Don't talk to him or his lawyer any more. Obtain a restraining order so he can't return to the home. If the cops or DA wants to ask you questions do not talk to them without a lawyer present. It sounds like his marijuana use kicked in schizophrenia. If a person has schizophrenia when they smoke weed they can show symptoms.


Title: Is it illegal for me to tell others that someone I know is a confidential informant (CI)?

Question:
An ex best friend of mine was busted for selling weed to minors, and was given the option of becoming a CI to avoid jail time, which he obviously chose due to the title. His girlfriend told me while the bust was happening, and he told us and a handful of other friends that he is a CI.
Since he chose to be a rat and actually sent one of our close friends to prison for two years (after manipulating her into selling him acid, great guy!), I have cut ties with him and the girlfriend. I want to know if it is legal for me to warn friends that he didn’t tell specifically. I am in Georgia in the United States.

Answer:
 Georgia Cop here.

It is not illegal, in and of itself, for you to tell people what he was dumb enough to tell you and others.  Obviously, snitches get stiches and all that mumbojumbo.

However; depending on who you tell and how you tell, you could easily cross lines into harassment and things of that nature.  If, godforbid, something were to happen to him as a direct result of your actions, a creative prosecutor could look at charging you with party to a crime and things of that nature.  Now if it goes all the way to trial or you actually get convicted is another matter.  But it doesn't help your case that you post on the internet and show your intent before it even happens.

Your [post history](https://www.reddit.com/r/AtlantaTrees/comments/94wxq0/is_buford_highway_anyone_elses_goto_smoke_pig_out/) is very interesting by the way and what you describe there is very much illegal.  Not to mention other posts you made were you all but identify yourself.

Personally, I have no issues with personal use weed....but bragging about DWI is not some I think is wise (not to mention driving while high to begin with).

*edit - words because I have fat thumbs.


Title: (Texas) Roommate trying to evict me

Question: SOS. My roommate is trying to royally screw me in need of advice badly. She is an leasing agent at the apartment complex that we live at. 2 days ago she told me she is putting her 2 weeks in and that this will break our lease contract and that I have a week to move out. Even though rent has already been covered for the rest of the month. The lease ends in february. I have been given no time to find another place to stay, and can't afford the to pay for the rest of the contract. The hit my credit will take also may make it hard for me to find another place to stay. Can she legally kick me out? Am I entitled to stay for at least the rest of the month? Can I pursue any legal action against her for breaking our lease, without my consent? We signed the lease together for the apartment, I have the document I just don't know how to post it

Answer:
 You probably have some kind of legal recourse one way or another.
 But first, did you sign a lease agreement?  If so, was it only with her or was it with the apartment complex?  If you signed an agreement, do you have a copy?

There's MUCH more to say about this, but I'd like to confirm some details first.


Title: Is there a legal risk with putting a family member’s address that isn’t yours for an employment application to receive relocation benefits?

Question:
The company that I will be working for offers relocation assistance (lump sum of $5,000 or the cost of relocation - my choice), but only for those who live farther than 50 miles from the office. I live 48 miles away and was told I would not receive relocation assistance due to strict company policy (this was offputting,  especially since the company has a very good reputation and is an industry leader, so I was quite surprised by this). Despite negotiating my offer they still refused.

Could I put my a family member’s (cousin with same last name) home address on my employment paperwork so that I qualify for relocation assistance? I would choose the lump sum of $5,000. What would be the risks of doing this? I would probably later change my address to reflect my actual home address after the processing of the relocation benefit. I also interned with this company this summer and so they have my real address already. Thanks!

Edit: if it’s illegal then that’s a definite no-no. Thanks for the prompt and insightful advice.

Answer:
 Other than it being felony fraud, no risks at all, assuming they never ask for your ID to confirm your address.

But yeah, no, don’t do that. It’s crime. Answer #2: _Is fraud illegal?_

Yes.Answer #3: That 50 mile number isn’t arbitrary; it’s set down in tax law by the IRS.

So beside the firing and blackballing, you also get to deal with federal tax crime issues.

Great plan. Answer #4: Is $5,000 worth your job at an "industry leader" and possible blackballing in the industry?Answer #5: “Hey can I get relocation assistance even though I only live 48miles away?”

“No.”

“Lol jokes I really live 51 miles away. Give me $5000 please!”Answer #6: The legal risks are that you will be fired, the company may sue you to recover the money, and as a bonus, you may have committed criminal fraud.


Title: [AR] Our apartment management keeps giving us warnings and write ups for bogus claims.

Question:
Hello all,

My Boyfriend (22,M) and I (22,M) recently moved down south for grad school this past June, we've been at our current residence for 3 months now. Everything was running smoothly for the first month, until we received our first "complaint". We received a written write up informing us that other tenants has had been complaining about noise. We spoke to the property manager the following Monday and she said that it a tenant had complained our dog was "bringing fleas down into their apartment and they're cats now had fleas". Bogus, as our dog does not have fleas, but she said not to worry about it, and that she filed it just to appease the other tenant. That was about a month or so ago.

Fast forward to last night, around 4pm we receive a letter under the door, informing us of another write up, our 2nd. It was another noise complaint, stating "Please keep down noise, Residents are complaining, and I want everyone to be comfortable and peace during quiet hours."

We're absolutely beside ourselves worrying right now as all of these complaints are bogus, and we have one more, a "final warning" left before possible eviction. We never blast loud music, or have parties, and our dog doesn't go on barking sprees at night or anything like that. We come home, cook, watch TV or play a video game and head to bed. We're very private and quiet people.

We've heard from friends in the area that this isn't the best place/neighborhood for LGBT to live, one going as far to tell us to get a gun. My boyfriend and I think this is less about noise, and our neighbors and management wanting us out for being gay. We're not sure what to do now, as moving is not an option, we're financially in no place to move, as we sunk most of our money into our initial move down here from the North. We're afraid to make any noise, and live our lives right now.

We know Arkansas has no protections on LGBT which makes this even more nerve-wracking. What do we do now? Is it because we have nosy neighbors and we're gay? How we go about proving these claims against us false? What's our next step? Ant and all input is greatly appreciated, thank you all in advance.

Answer:
 Get yourself a surveillance camera that records and saves the footage for up to 72 hours.

Set it up in your living room and record yourself. Save that footage monthly. If you get another complaint, go to the office with a hard drive full of video proof that you were not making noise and tell them if they don't stop harassing you, you will contact an attorney as they are violating the Fair Housing Act.


Title: My employer is refusing to pay me. [Texas] (x-post to /r/needadvice)

Question:
I work for a family owned oilfield construction company in a small, west Texas town that does roustabout work and contract pumping. Apparently it was declared last week by my boss (the owner's son) that if you fail to clock in for the day, you will not receive compensation. Though I don't recall that being said, other employees have corroborated that statement.

Because we get paid weekly, we are given time sheets at some point before payroll is done to approve of the hours that THEY have recorded down. This was apparently done on Friday. I was outside the office getting the truck ready for the day, so I did not approve of the hours that they have recorded for me.

I, admittedly, did foul up last week when I lost the key chain that is used to clock myself in or out, and I failed to tell my boss, believing them to turn up (yourself or someone usually finds them around the yard, it has happened many times by different people). Because I didn't have my clock-in key chains, I did not record my hours on the job clock for the hours I worked on Tuesday (4/14) through today (4/20).

Usually, this is a simple fix. I will show him what hours I didn't clock in for, he will double check them, and it will be a two minute fix in the computer. This morning, he told me there was no way to get Tuesday or Wednesday's hours added to the paychecks that are supposed to come out today, and further more, he says he won't be able to compensate me for failing to clock in for next week's check. At this point he should owe me a couple hundred dollars.

Is that legal?

**Bonus Question: They require us to be at the yard and outfitting our trucks for the day (cleaning, gathering tools/supplies) by 6:30am every morning, yet we have been told that we are not to clock in until 7:00am. Can they require us to work like that?
Topic:
Labor Law

Answer:
 You can file a wage claim with the [Texas Workforce Commission](http://www.twc.state.tx.us/jobseekers/how-submit-wage-claim-under-texas-payday-law).

Of course once you do that you should also be prepared to start looking for a new job. Answer #2: Getting your truck ready for work is time worked. You should refuse to perform any work if you are not clocked in.


Title: Puppy Breeder will not refund payment

Question:
I spoke with my landlords about having a dog. They let me know they had no issue with a dog at all, the previous tenants had a dog so no big deal.

I found a breeder through a friend who breeds Great Danes. I met with the breeder, have her a  $500 deposit for a female Great Dane. We drew up a contract which clearly stated I had given a $500 deposit signed by both parties 11/25/2018.

About 3 days later the breeder reached out to let me know another buyer had backed out of buying a male puppy with a color that I was looking for. She asked is I would be interested, I said yes. She said the male was more but she would give a discount if I paid in full that day. I made the decision and sent the additional $600 that day to fully pay for the dog.

I was slated to pick the puppy up on 12/27/18(today) however, my landlords (who I have a good relationship with) asked what breed we were going to get on 12/21/18. When I told them it was a Great Dane they said that the dog would be far too big and they expected I was getting something smaller. Long and short I can’t have a dog. This entire thing is unfortunate.

I reached out to the breeder informing her that unfortunately we couldn’t have the dog, and that I would try to help find him a home in anyway that I can because myself and my fiancée really had our hearts set on having him ourselves.

Now the breeder is refusing to pay back the additional $600. She is claiming that both the deposit of $500 & the $600 I paid are now hers (even though the contract clearly states a $500 deposit)
And that I can put that money towards a puppy in the future when I move out.

To me this seems pretty cut and dry.

Any advice?
Topic:
Contracts

Answer: The deposit is just gone. It's not the breeders fault your landlord won't allow the dog. What does your contract say about refunds should the contract be cancelled?