Title: Wondering about getting refund or partial refund from attorney (OH)

Question:
Retained an attorney to the tune of $5000 in anticipation of child being charged with a crime that would entail prison time. Long story short, no charges were brought and are not going to be.

The attorney met with us for about an hour, and took a few phone calls that maybe added up to another hour. I would like to ask for a partial refund of my retainer since what we hired him for did not come to fruition (and this was through no work on his part — he was uninvolved in the charges not being filed).

I know I can ask, but is this a thing that attorneys do in cases like mine where the retainer is sometimes returned, either in whole or in part? What would be effective wording and reasoning that I could use?

Answer:
 Review your Retainer Agreement. There should be a provision for that very situation. Hopefully it’s pretty fair. If you did not execute a few agreement of some sort you should definitely inquire about at least a partial refund. Answer #2: Yes, even if the retainer says it’s “non-refundable” realistically you can probably recover.  Attorney ethics prohibit an attorney from keeping money that hasn’t been earned.  If you were going to be paying the attorney on an hourly basis then the fee certainly hasn’t been earned.  Even if it was a flat fee matter it’s probable that in a fee dispute it would be found that at least some part of the fee had not been earned since the charges were never brought.  First thing to do is to call the attorney and say that since the matter has resolved you appreciate the help but are terminating the agreement and would like a final bill and refund of any unused fees.

If that doesn’t get you what you want look to to OH bar association.  Most bars have a fee dispute program or if they don’t you can always look to file a general ethics complaint.  That said, I would bet that simply calling and asking for a refund of any unused portion of the retainer does the trick.


Title: Joint Custody Suicidal 16yo

Question:
Hi all it's the 16 year old.

My parents have joint custody since I was before 10 years old , but I haven't slept overnight at my dads for a year or more. I rarely talk to him and he does not pay my mom anything.

I don't want to get into it but I do not get along with my dad , and I have diagnosed mental issues.

The problem is, I think he may want me to start going every other week like I did when I was younger. My mental issues amplify by a LOT at his house , and know if he does actually start getting me I will kill myself. I honestly thought he was out of my life and I would be done with him..... possibly going back is terrible news.

So if my mom wanted to get full custody would me being suicidal at his house be important or is it not important legally? Also he most likely wants to get me because another family member told him my mom needs help with money, and this was probably his cue to avoid paying- he's actually admitted that he got joint custody when I was younger so that he didn't have to pay my mom. He said it was a loophole.

What do I do? I was starting to get happy recently and don't want to kill my self....

NJ
Topic:
Custody Divorce and Family

Answer:
 First off you need to take care of yourself. You need to be in cousenling not only for mental health but if you do want to enter into evidence your mental state it will be more impactful if it comes from a health care provider.

Second, stop listening to your dad about legal stuff cause this:

>he got joint custody when I was younger so that he didn't have to pay my mom

Is nonsensical bullsit. Joint custody might reduce support payments but support payments are calculating with alot more variables than that.

3) Make sure you explain to your mom you don't want to go. Unless there is an ordered visitation schedule you don't have to and he would have to go to court to get that enforced.

4) look up lawhelp.org, find local LSC and make sure your mom knows of her legal resources in the event this ends up in court.


Title: I need advice on what can be done in regards to suing a school district

Question:
Background: A few years ago, I was raped repeatedly by a school tutor who had a prior conviction of raping a young woman in a different state. I tried reporting it to two different staffs at school who basically brushed me off and told me I didn't need to lie for attention and that this guy was a good person.
If you need more details, feel free to ask.
 I've already reported this and trial against the man is coming up in February.
So basically my question is how do I go about to suing the school for their negligence and what should I expect out of it?
I'm in the Northwestern part of Washinton State.

Edit: forgot to add my location

Answer: I'm sorry this happened to you. You might have a viable claim here for negligent hiring or something similar, but the school will almost certainly try to deny everything and avoid liability at all costs. This sounds like a complex claim and I don't want to give you bad information. You should contact a local attorney, who will be able to file the suit and tell you where to begin.


Title: Nebraska-City council considering ordinances setting amounts that can be charged for rent, insurance requirements based on building style

Question: Our city council is discussing an ordinance where any commercial structures that adjoin to another structure are subject to a yearly inspection and are required to carry a liability insurance policy of $1,000,000. In another ordinance that they are attempting to pass, they would be able to determine the amount of rent you would be able to ask or the listing price of any commercial property that is vacant. The punishment for failure to comply in either of these situations is up to 6 months jail time. In a meeting with the city attorney where building owners expressed concerns regarding the legality of all of this, the city attorney basically said that because they are the city council, they have the right to set these requirements. My question is does the city council have the power to put in ordinance in place requiring additional inspections, an insurance policy in an amount they determine, and tell you what amount you can ask for rent or list your property? I know many of the other owners are seeking legal council, I'm just curious if it would be in my best interest to do so as well.

Answer:
 There is nothing preventing several property owners from chipping in and hiring one lawyer to represent all of them. Yes, you should absolutely do this.

To what extent they are empowered to pass ordinances of this type is one question; to the extent that the specific ordinances that they're trying to pass are within reason/lawful is another. I'm hesitant to opine at all because I know nothing about Nebraska, let alone about the cities there, but I would not disagree that the requirements seem unreasonable and the penalty for non-compliance is a few orders of magnitude past unreasonable.

Why would the city council be passing rent controls on commercial properties? And what justification do they have for such a high amount of insurance?

In any case, fuck what the city attorney says. Of course that's what he's going to say, and he's going to have to argue it in court.

You all need an attorney ASAP. That attorney will be your best voice in city meetings and, if they attempt to actually pass it, likely file a temporary restraining order or equivalent to hold off the ordinance until y'all get your day in court.

In the meantime, research, research, research. Do market rate analysis on the buildings in your city and the equivalents in similar cities. Look up any instances where harm has been done because a commercial structure that adjoins another structure had insufficient insurance.

And do please keep us updated.


Title: Old drunk neighbor causing problems

Question:
So I'm not sure there's actually anything explicitly illegal this guy has done to me or family personally, but the guy has frequently taken swings at others while belligerently drunk and entered other's homes and caused problems.

A survey on the property revealed, much to his dismay, that we own a lot more of the side yard area than originally thought. This morning our dogs went nuts for some reason, and by the time I got to the door I couldn't see anything and thought nothing of it. A few hours later, when I went to take my dogs out to relieve themselves (in OUR yard according to the survey!) I found a piece of cardboard with a note attached to it and a brick. The note basically claimed the dogs went on their property and someone stepped in it. He signed it (which is how I know it was him) and around the note all in our driveway was smeared dog shit.

There is an HoA in place for the neighborhood, and the head guy already hates this drunk, so I'm sure we can get something arranged through that avenue, but I'm wondering if there's any legal repercussion for this matter or what I could do to posture myself in the event of something happening in the future. Can I legally request he stays off my property or face some sort of consequence? Is a restraining order possible, or even feasible? At this point we plan to plant little trees to mark the end of our property, with enough room to ensure the growth of the trees will never cross the survey line. But this guy is a complete belligerent drunk, and there's no telling when he's going to seriously hurt someone.

Also the brick was one taken from our property.

EDIT: This is in Upstate New York.

Answer:
 It's not much to go on, but that's vandalism.  You can call the police and they might very well arrest the guy if he's been a known problem for a long time.

If the guy has assaulted people, or broken into peoples' homes, those people have *much* better causes of action against this guy.


Title: Landlord wants us to deal with her boyfriend (NY)

Question:
This could be a long post, so my apologies from the start...

Back in February, my wife and I had an amazing housing opportunity fall into our lap - our landlady was moving out of her home, and offered it to us at a steep discount.  Due to some unpleasantness with a divorce and other factors, she still uses this address for shipping and correspondence.  We knew that things were messy for her financially, and she informed us that she was putting the house on the market, although asking far above the actual value of the house.

About a week ago, we received a notice in the mail, addressed to "occupant" from a law firm.  It was a notice regarding the foreclosure of the home, and that the house would be going up for auction shortly.

At the end of the day, this actually worked out (surprisingly) with our overall plans to move anyways.  My wife drafted a notice to vacate and emailed it to the landlord, informing her that we will be moving out and will be using the last month's rent we provided her upon signing the lease, and would like our security deposit returned.

Minutes after she read the notice, both my wife and I were bombarded by calls from the landlord's boyfriend; since we both were working, we were unable to answer.  He then sent a number of text messages to my wife demanding that we speak.  My wife told him that, because he has no legal stake in the house, we would not discuss anything with him without the landlord being present.

Late last night, the landlord texted my wife, and said that she would not speak to us about anything, and that any discussions would be with the boyfriend.  The thing is, there really isn't anything to discuss - we have to move out, and the house is not hers to control at this point.

We do not feel comfortable with this situation at all.  The boyfriend is a bit of a bully, and it seems like there is not much to discuss - even if we were leaving of our own freewill, we are providing ample notice, and we simply want the person with whom we signed a legal agreement to be the point of contact.  What can we do to ensure that?

Answer:
 > we are providing ample notice, and we simply want the person with whom we signed a legal agreement to be the point of contact. What can we do to ensure that?

You can't.  If she designates the boyfriend as her rep, you deal with the boyfriend.  You don't get to control her business or how she runs it.  Answer #2: She is allowed to designate her boyfriend (or anyone) as her representative - contact him and work out the detailsAnswer #3: Obvious questions:

(1)  Do you have a written lease?  What does it say about termination?
(2)    What did the letter from the law firm say?  Was the house actually foreclosed upon?

Not familiar on NY law on the matter, but at least in my state, the landlord has opportunities to take care of the problem, even past the date of the auction.   So, if you have a written lease that has a term in it and that doesn't allow you to just decide to give notice and move out, you might not yet have that right.Answer #4: 1. In NY a LL can designate an agent for rental matters.
2. Do you have a lease or are you month-to-month?  what is your "ample notice" in terms of date of notice, date of moveout, and date of lease expiration?


Title: My boyfriend got a DUI last and he’s in the military. What is going to happen?

Question:
My boyfriend is in the Airforce and is in training in Missouri but he lives and works in the USVI. They drive on the left side of the road there. So when he was driving to pick up McDonalds last night he by accidentally turned onto the left side of the road and a convenient cop happened to see it. I’ve been in the car when he has done it and it’s a usual mistake that people do when they drive on the mainland. Well the officer had suspicions that he was drunk and gave him a field sobriety test. My boyfriend says he believes he did okay. I can’t confirm that because I wasn’t there. The officer also said that he smelt alcohol on him. He admitted to me he had a couple of drinks last night. I’m disappointed but I’m glad that nobody got hurt. My boyfriend also said he refused to take a breathalyzer test. I know that can also have repercussions like he could loose his license. Anyways I’m here to get advice. I’m not here to read about how awful of a person he is for getting a DUI. I understand it’s not a great thing to do. He has no idea whether he should report it to his commander now or wait until the results of court hearing to say something. He’s an officer, and I read that it can be worse for an officer in the military than for an enlisted. Is there anyone who he could contact that can provide him with help in military legal assistance? I honestly don’t know what exact questions to ask. It’s a lot to take in. Any advice would be helpful.

TLDR: My boyfriend is in the military, got arrested for DUI last night. He normally drives on the left side of the road. He’s in Missouri for training where they drive on the right. He says it was a mistake. Cop pulled him over. He refused a breathalyzer. Got arrested What is expected? What should he do now?
Topic:
DUI

Answer: Get a lawyer. Period. He didn’t blow and that’s cool and all but he will most likely deal with a suspended license for a year depending on state and may have to deal with SR-22 insurance(state also). Either way this should not be taken lightly but you should not represent yourself in a situation that has a serious amount riding on it.


Title: Hypothetical; roommate claimed if stopped for DUI he would remove keys, lock the doors and consume alcohol in view of the officer & take a public intoxication charge. This just sounds stupid/illegal to me.

Answer:
 > This just sounds stupid/illegal to me.

You would be correct.Answer #2: This doesn't work.

The alcohol doesn't hit your system immediately.  So all of the officer's observations of impairment at the time of the stop (except the odor of alcohol) will be from previous consumption.

So that's enough to arrest.  Then when we get to the station, we do two consecutive breath tests, 30-45 minutes apart.  That will allow us to calculate the BAC at the time of the stop before the new alcohol was consumed.Answer #3: In many jurisdictions, just being in possession of the keys while near / in the vehicle is enough to assert "control" over the vehicle and get a DUI anyway.


Title: [West Virginia] A dog in my neighborhood was unleashed and killed my therapy cat in front of me. The owner of the dog refused to pay for cremation costs, can I sue her for the price of the urn?

Question:
Sorry if my post is a little messy, this just happened yesterday and I've been a complete wreck.

A little backstory: my cat was about 13 or 15 years old (I can't recall what age I adopted him, I think I was 7 or 8), and I'd had him since he was about three weeks old, and we grew up together. I have severe anxiety due to mental illness, childhood abuse, and the death of my father, and he was classified as a therapy animal by my therapist who'd I'd been seeing for four years at that point. He was my best and only friend and I'm just beside myself.

On Sunday I let my cat outside (he had arthritis and liked to lie out in the sun for a couple of hours before coming inside, I guess it helped because he started walking better once it got sunny) and went about my day. Later as I was outside, I saw a huge Boxer dog carrying something in his mouth; once I realized it was my cat, I streaked across the lawns to the neighbor's house where I basically had to fight the dog off my cat so I could hold him as he died in my arms. I was inconsolable and traumatized. The owner wasn't present, but her mother was and assured me that she was sorry and informed me that the young child in the house had incorrectly tethered the Boxer dog to its chain, causing it to break out of its yard and run into mine, where it found my cat.

After wrapping my cat up and talking to the owner when she got home, she apologized and offered to pay for any bills, which I accepted. I called a vet, got an estimate for cremation, and everything at that point seemed as settled as it could be.

I walked to her house this morning as I was headed over to the vet appointment to ask her for the finances she offered, and she refused, saying she didn't have the money and that she has leukemia and simply doesn't make enough to cover the bills. I told her I was sorry that she was ill but she is responsible for my cat's death and she needed to take responsibility, and she told me to contact her attorney. My mom offered to pay for my cat's cremation, but now I don't have money for an urn to put the ashes in (the vet doesn't offer free urns so it would come in a sealed bag).

**Since she told me to take her to court, I'm here asking for advice. Here's a TL;DR bulletpoint with information**

**My therapy cat was killed by an unleashed Boxer dog and the owner refuses to take financial responsibility.**

* The leash law in West Virginia states:

> §19-20-13. Dog running at large; liability of owner.
> Any owner or keeper of any dog who permits such dog to run at large shall be liable for any damages inflicted upon the person or property of another by such dog while so running at* large.

* My city within West Virginia's leash law states:

>  The City Code of Ordinances Chapter 4 states that "no person shall allow any dog owned by him or in his custody to run at large within the city. The term "running at large" means allowing a dog to leave the property limits of property owned, leased or occupied by its owner without restraint. The term "restraint" means being secured by a leash or lead, or being under the control of a responsible person and obedient to that person's command."

* The owner admitted fault and offered to pay for damages
* The owner then refused to pay for damages she previously offered
* The owner requested that I take her to court
* The owner verbally attacked me when I went to her house on Monday (I don't know if this is relevant but I'm including it)
* The owner admitted negligence in allowing her young child to handle a Boxer dog three times her size (again I don't know if this is relevant but she admitted to being negligent in this respect)
* The owner keeps three dogs in a 3x4 kennel in the backyard, which is way too small for the size of her dogs
* The owner admitted that her Boxer dog was actually looking for a different cat that has been wandering around her yard lately, so she admitted to knowledge that her dog had vicious intent but did nothing to prevent it

I can't think of anything else. I don't want pain and suffering money, I don't want to hurt her, I just want her to pay for the price of my cat's urn. I want to put this behind me so I can grieve my best friend. I haven't had a day of restful sleep or without crying and and wailing into a pillow for two days. I'm really hoping you guys have any advice, and I thank you in advance.

Answer: Unfortunately she doesn't owe you the cost of an urn (I'm not sure what that may be). She owes you the fair market value of your cat.


Title: Man in prison, wrongly accused

Question:
I met someone recently who is in prison. He told me his story and why he was there. He said he was wrongly accused of killing someone. He said he was working on it so he can get out.
This man has been in prison for 9 years! My heart broke. He is a very kind man and very naive at the time cooperating with police with whatever they asked. I could see how he got pulled into this mess. He is a little child like.

He recently said while frustrated writing to his AG (who doesn't seem to respond much).
"I don't want to die in here for something I didn't do".

I don't know how to start the process. We are in California.
Any help would be appreciated.

Answer:
 Don't be surprised if he starts asking for moneyAnswer #2: Just to be clear.  Has he been tried and convicted?  You said "accused" twice.  That is different from "convicted and sentenced."

Who is "AG" in this context?  The state attorney general?


Title: Husband is stupid

Question:
My husband fell at work about a year ago and was wearing a harness that was too big for him though he complained to his employer that's what they gave him. Eight months ago he stopped working and we began going through doctor after doctor to try to find the cause of some severe nerve pain he was experiencing.

Yesterday we discovered that his pelvis was fractured some time ago and is still not healed, and it was fractured right where the harness was. It's possible that the nerve pain was due to that too.

He didn't go to the hospital at the time but he did file a complaint with the company's safety people.

Do you guys think there is anything we can do?

If this post is breaking any rules I'm sorry in advance I've never posted here before and I'm on mobile

The accident occurred in new Mexico

Answer: Was a workers compensation claim opened?


Title: Landlord sold house we signed a one year lease on (TX)

Question: We rented a home in Texas in May of this year and signed a one year contract on it. We pay about $2200 a month and have had problems since moving in with little inconveniences here and there. Getting the landlord to answer the phone was just impossible but he would definitely call anytime the rent was due to make sure it would get paid. The home has three air conditioners and one of them hasn’t worked since moving in, there are leaks that he hasn’t fixed that are raising our water bill, the built in fridge stopped working a month after moving in. We just received a letter in the mail from our landlord saying that he sold the house to a new owner and that they could either choose to evict us in 30 days or allow us to stay for the remainder of the lease which ends in May 2019 but it would be up to that new owner. Does anyone have any advice on what the best options would be in this situation? Would we get our deposit back? Is the contract voided? We don’t exactly have savings to just pack up and move.  Any advice would be greatly appreciated.

Answer:
 > We just received a letter in the mail from our landlord saying that he sold the house to a new owner and that they could either choose to evict us in 30 days or allow us to stay for the remainder of the lease which ends in May 2019....

This is incorrect. The lease stays in effect. The new owner may choose not to renew it. They may offer "cash for keys" if they want you out, essentially paying you to agree to end the lease early. You can either accept or decline the offer, or negotiate for a higher amount.

If the new owner plans on occupying the property at the end of the lease, they may be more amenable to making needed repairs so it will be move-in ready.


Title: Is it illegal to sell my CPAP machine in the US?

Question: Long story short.. diagnosed with sleep apnea and got a script for a cpap machine. Struggled using the machine for over year while paying it off. Eventually get diagnosed with something else, had surgery and now I'm 100% back to normal. So now I have this $1000 equipment that I've paid for and don't need. Was hoping to sell it but I've heard in the US you can't? So any advice if I can sell it?? If not what can I do with it?

Answer:
 My understanding is you cannot sell it to another individual, but you can re-sell it to a specialized dealer (i.e. [https://www.secondwindcpap.com/Selling\_Used\_CPAP.html](https://www.secondwindcpap.com/Selling_Used_CPAP.html)) Answer #2: In general no.  Reselling prescription drugs is generally illegal because they're "controlled substances" and regulated by the Controlled Substances Act.  There is not similar act regarding reselling medical devices.

But, that's just federal law.  States can (and about half do) regulate sales of medical devices -- some of those states may regulate resales.

It's more than just CPAP machines -- there are a lot of durable medical devices where a resale market could exist.  (Crutches, for example.)

There are places online that will buy your CPAP machine.  I'd go there before I tried Craigslist or something.


Title: [MA] Can I charge people to use my HTC Vive in my dorm room?

Question: [deleted]

Answer: That's a pretty dick move. Just let your friends use it, you aren't gonna find a whole lot of people willing to pay to use your VR goggles. If you want to charge for a service you'd most likely need licensing & insurance AKA this isn't worth your time.


Title: [US][illnois]bought painting and she thinks i am reselling it (over $1650 in damages done)

Question:
this is for my friend

Some one has been fucking w/ me and i'm going crazy.

I purchased art from some one and she thinks I'm going to resell it. When hearing that she wrote all over the back of the canvas. "This is not for resale." "My art is not your profit." and wrote my name on it and ect.

Long story short I wasn't trying to sell it, but after seeing this I decided to edit a random pp transaction saying sold for $160 turns out your art is my profit. Then her 5 friends message me "we will see you soon."
This was on Wednesday.

3 days go by and I forget by now, because nothing has happened.

Well today my windshield and windows were smashed in on my truck. all my tires were slashed, and my licenses plates were removed.

 I now have found out who this is

Problem 1:
I can't fight this guy.

Problem 2:
He is very good friends with my sister, and her friends.

problem 3:
They know where I live

I am so frustraited while typing this w/ babyrage that this whole topic is a giant mess btw I will edit it all tomorrow morning and clean this all up.

If any one would like to help me find more info.
I am willing to pay in BTC/PP/WU any way To find info on his friends/him

Thanks
B.
Sorry for the giant mess I will fix it when I wake up tomorrow.

Answer: Call the police


Title: My neighbor, who I let live with me in a difficult situation, refuses to remove his stuff despite moving elsewhere. [Oregon]

Question:
A few months ago my neighbor got kicked out of his house and had nowhere to go so I allowed him to move into my place with the understanding that it wouldn't be for long. No documents were made up and he was not put onto the lease.

Tensions have gotten high as he hasn't contributed in anyway, other than making disgusting messes and never cleaning along with leaving his cat under my care when he suddenly got called out to a job.

He finally got a place with his wife three days ago and took some of his stuff with him. However, after the first night he asked if he could come back because they got in an argument. Although I refused, he showed up anyway.

The next day I told him he needed to leave and get his stuff out. He got angry and started yelling saying I would be liable if I removed his belongings from my property and that legally I was required to give him a 30 day notice before he had to remove his stuff. He has not been back since.

I own my home, but rent the lot it sits on and have a month to month lease.

My question is: am I required to give him a 30 day notice? If not what courses of action are available to me if he continues to refuse? This is in Oregon.

Answer:
 You let him live with you long enough to establish tenancy.  Give him written notice that he has to leave in 30 days.  If he doesn't leave, start an eviction process.

[Here's NOLO's article on Oregon's tenancy laws.](http://www.nolo.com/legal-encyclopedia/oregon-notice-requirements-terminate-month-month-tenancy.html)


Title: Caught smoking on campus, college sending letter to parents

Question: [deleted]

Answer: Yes, they're allowed to do this. I'd tell your parents before they get the letter, but that's more personal advice.Answer #2: They could mail a letter to anybody they wanted to that you were caught smoking on campus. There are laws that protect academic privacy but not this.


Title: My ex-wife has gone against a court order. What can I do?

Question:
My wife and I separated some time ago and have had an awful court case to agree to custody for our 2 kids. We ended up agreeing to a few things, and one in particular was that she could not change their schools without my express written permission.

However, she's pulled them out of school and signed them up somewhere else 200km away and is changing custody from 5 days every 14 days with me, to just a weekend.

My lawyer is a incompetent and isn't answering his phone.

What am I going to do?

I live in Victoria Australia.

Answer: Get a new lawyer if you don't like the one you've got.


Title: Is it illegal for an American to pass the Mexico-US border without showing their papers?

Question:
So let's say you go to Mexico and decide to come back how illegal immigrants do (hopping the fence, going through gaps, being smuggled etc.), would this be illegal? If so, why?

Thanks in advance for the responses to my dumb ass question

Answer:
 Yes.  Crossing without declaration at official points of entry is illegal without proper documentation, customs/purpose declarations.Answer #2: Yes its illegal, I believe its a charge of unauthorized entry into the US

If you’re trying to skip legal entry routes, it generally means theres a reason you cant legally enter the US, even if you are a citizen


Title: Virginia - "Typos" in the employee policy

Question:
I work for a small company (8 full time staff, including myself, 25 part time staff). There are five full time salaried employees and three full time hourly employees. I am full time hourly, my husband is full time salary.

Last February, the owners (who act as the general managers) revised the employee manual and approved it for distribution. I have copies of the e-mails where they approved it. The manual states, in the vacation policy, that **all full time salaried and hourly employees** are entitled to 10 days' paid vacation after one year of employment.

My husband and I applied to take five days' vacation. The owners are now claiming that there was a "typo" in the employee manual and that full time hourly workers are not entitled to any benefits whatsoever. One of the main reasons I stuck around here at full time hourly is because I thought I would eventually qualify for these benefits. And now, a week before we were supposed to vacation, I find out that my vacation days will be unpaid.

I never signed the original manual. There is a clause at the end of the manual stating that they can, at any time, change the policies. Is there any recourse for me?

Answer: You can file a complaint with the Virginia Employment Commission or you can meet with an attorney. Vacation time is not required in Virginia but there is precedent that if vacation is promised and the employee works in reliance of that promise, then the vacation pay is due to them.


Title: Expecting to have CPS called on me for MJ use while pregnant. What should I expect?

Question:
Hi. Hopefully this is the right place to ask this. I'm in Ohio. I'm 8 months pregnant and my hospital does automatic drug testing on all admitted Moms. I've been trying to quit for over a year, seen therapists about it, am currently seeing a therapist for the issues causing it. Tried and failed to quit about 7 times during the pregnancy. Currently sober but I don't know how long that'll last.

I expect to fail the test, but even if I test clean a test on the baby will probably fail. What should I expect if CPS is called? I've researched and heard everything from "CPS was never called" to "CPS came and investigated but nothing happened" to "CPS took the kids away for MJ use."

Will the father/friends/family be contacted? The father and I aren't together and don't speak, but he's planning to be involved after the baby is born. We decided to do 50/50 custody and aren't going to court. I'm worried CPS will get the court involved and automatically award him full custody when I test positive.

I have a job and a good home for the baby. No problems other than the MJ use and the issues I'm self-medicating for (depression and suicidal feelings). My doctors are aware of the depression/suicidal feelings but only the therapist I went to for the addiction knows about my use. I don't plan to use after the baby is born because I feel being impaired puts the baby's safety at risk, but I don't expect CPS or anyone to believe that. I'll be staying with my parents for awhile after she's born which will prevent me using. Not sure if any of that is relevant to CPS but there it is.

What should I be prepared for if they are called? Thank you.

Answer:
 >No problems other than the MJ use and the issues I'm self-medicating for (depression and suicidal feelings).

This *is* a problem. A very big one, especially if you'll soon be a mother. You need to address this *now* and be honest with *everyone involved in yours' and your baby's care* if you have any expectation of recovering and providing a good home for your baby.
Answer #2: >No problems other than the MJ use and the issues I'm self-medicating for (depression and suicidal feelings).

That is a major issue in the eyes of CPS. Marijuana is an illegal substance at both the state and federal level. If they are called and follow up on it, expect your baby to be taken from your care and placed in the care of the father or the state.


Title: What would happen if a liquor store/club took a genuine ID by mistake?

Question: I’m not sure this has ever happened, but if a bouncer or employee took your legal ID, would they get in trouble? This is assuming that you are 21 (in America at least).

Answer: In Indiana, it doesn't matter if the ID is real or fake, taking it is still considered stealing. You're supposed to just tell them you cant accept it but it's still their property and not yours to take. Of course, no one will call the cops and say "Hey they stole my fake ID," so places still do it.


Title: Half-owner of property just added her son to the deed without notifying other owner

Question:
Hi, /r/legaladvice

My mom owns half of a house in Florida that she inherited from her father. The other half went to her brother who passed and left his portion to his wife.

We've just been notified in the mail by a lawyer that the other owner added her son (my cousin) to the deed. My mom's concern is that we now own less of the home than the original 50% because of this.

We have no knowledge of what the first step would even be.

Any advice is welcome, I'm in the dark here.

Answer: You can't give more interest then what you have.  The most the owner can give is her 50% interest. So you are looking at your mom with 50%, her sister with 25% and nephew with 25% or some variety of that.Answer #2: If I were your mom, and I didn't live in the house, I would sell my portion immediately. Multiple people owning a house will bring disaster. This event is just the start.


Title: teacher fired for trying to protect myself from potential threat

Question:
Up front, I was working in a public school and this happened within 90 days of my hire...I know the contract allows dismissal without cause.  That said, I'm not new to teaching, have more than 15 years experience and was returning to the profession after taking nearly 10 years off as stay-home dad with my autistic son.

Quite simply, I was teaching at a great school, great kids except for one kid who seemed to just hate me, inside and outside of class, always muttering angrily when I passed, trying to recruit friends to join him.  His anger was constant and I felt like he was trying to bully me.

I wrote a note to his handler (he's in a support program) saying something to the effect of 'I want to state for the record that this student is making me uncomfortable inside and outside of class' and cited maybe half a dozen examples of his behaviors.   I was dismissed 15 minutes before christmas break without warning or cause.  A week or so prior I had been observed and given a positive professional assessment, was told roughly to keep up the good work.

Normally, I would not bother to protest - within the first 90 days they can dump you for any reason, and I understand that - but in this case I feel I was trying to protect myself.  The Columbine shootings happened in my third year of teaching, and I can tell you being in front of a class never felt the same.  I am not sorry for pointing out a potential threat, though I regret of course bringing it up in a way that triggered my dismissal.  My union rep said he'd get back to me but I haven't heard anything other than impotent outrage on my behalf.

Answer:
 >within the first 90 days they can dump you for any reason, and I understand that.

I am sorry but it does not seem like you do. Just wait for a call back from the union, but they'll probably just tell you it's within that period and to look for a new placement. Answer #2: >within the first 90 days they can dump you for any reason, and I understand that

If this is true, it doesn't matter that you were trying to "protect" yourself. I'm going to go ahead and assume that they found it problematic that a teacher was unable to be the adult and not engage with an ill behaved child. Your job is to teach and be the adult. Accusing a kid of bullying you suggests that you inappropriately interact with the students, and/or cannot lead them.


Title: My sister (33) is threatening to kill me (25F) and my mom.

Question:
In January 2018 my mom bailed my sister out of  jail, took custody of her three children, and they have been living with us since then. About three months ago my sister started threatening my mom saying she's going to kill her by slitting her throat or getting a hit on her. And recently she started threatening me. And even threatens to kill my two beloved cats. She helped an ex boyfriend in the past kill animals, including our family cats while I was on vacation with my parents, and is extremely violent. She's destroyed parts of my mom's house during her fits. I truly fear for everyone's life she threatens.

I am 25F and I do not have the means to move out. I have a loving girlfriend who I spend some nights with but I feel like I am intruding on her life and do not want her to rescue me from my terrible home life.

I can't walk in my house without being verbally attacked or threatened by her. The way she acts and talks about me and my mom sounds like it maybe a mental health issue, but she is so manipulative that she could very well talk her way out of a psych evaluation.

I have a voice recording saying she wishes my mom were dead and that she's going to put a hit on her.

What can I do?

Answer: Call the police.Answer #2: You need to call the police and file a report. Then seek out an order of protection on your sister for you and your mom.


Title: Divorce started out nasty - is any of this legal? [Wisconsin] What actions should he take now?

Question:
Posting for an acquaintance of mine who recently told me his story and asked for advice.

His wife left and didn't come home for three days. Worried, he decided to drive around to where she might be (friends/relatives, etc) just to try to talk to her and find out what's going on, and make sure she is ok. He doesn't find her. He sends multiple text messages, calls her phone a lot. He was afraid she may have been hurt, etc.

The next day, he gets a message from her, telling him to come home immediately, and pack a bag, she wants a divorce. He goes home and grabs a few toiletries and clothes. He grabs his hunting rifle, knowing it's fairly valuable, and assumes she might sell it. (unloaded, in a protective carrying case, in the trunk) He pulls out of his driveway, and is immediately pulled over by a few police officers, who grab him from the car, throw him down to the ground with guns drawn. They take him to the police station.

They explain to him that she stated he was a threat to her and to others, that he would likely be suicidal and go on a killing rampage, harming innocent people. Of course, this is pretty ridiculous. He explains his story and they release him an hour later.

He stays at a friends house, and the next day receives a restraining order, on the grounds that he was stalking her. (she claimed he was following her when he was looking for her while she was missing) She also claimed he was harassing her, showing the police the long list of missed calls and text messages. Restraining order states he can not go back to his home.

To complicate the story:
He soon-to-be ex-wife is good friends with one of the local police officers. She has been complaining to her cop friend about her husband being a POS for some time. My friend received the text message from her telling him to go home as soon as that officer came on duty. This leaves my friend thinking it was a set-up. She lured him in, knowing he would take the gun, and is making false claims to the police in order to destroy his chance of custody.

Is what she did legal? Is there anything he can do about it? What can he do now to ensure he gets custody of the child? (for reference, she has known mental health issues)

I realize he needs to get a lawyer ASAP - but his funds are extremely limited.

TLDR: Wife wants a divorce and full custody of child. Lies to the police, gets husband kicked out of his home. What can he do?

Answer:
 Hmm - I'm wondering if you've got the whole story. I mean yes, the narrative is logical but it does seem rather.... contrived.

After all - he did try to find out where she was (aka following her) and he did take his rifle with him.

I just think that no matter how friendly you are with him, you should perhaps consider taking a step back.


Title: Male of 17 years, looking to open a checking account with help from father who owes lots to IRS

Question: [deleted]

Answer:
 Are you sure you cannot open your open account? That doesn't sound right to me. Call a few banks and find one where you can have your own.

Do not open a joint account with your dad, the IRS can seize that money.


Title: Can my landlord force me to pay for electricity for the whole building's laundry?

Question:
I'm in Connecticut.

I live in a multi-family home, with 4 apartments in it.  In the basement there are 3 sets of washer/dryer that are free for the tenants to use.  I and my roommate noticed higher than expected electricity usage, and suspected the laundry might be on our meter as we couldn't find a separate one for the common utilities, and because the machines' breakers are in our apartment's breaker box.

After calling the landlord, we've been told that the laundry is on our meter and that we can work out splitting the bill with the other tenants if we want to.
This seems ridiculous to us, especially since we have no way to meter the power usage of the machines separately.  Besides, I doubt the tenants will be happy to suddenly pay for something that was listed as free in the lease.

What are our options here?  We can calculate the rough cost of the machines by their model's electric usage, number of loads estimate, etc.  But I don't want to withhold rent or anything unless I truly need to.  Is there any kind of law in CT prohibiting this kind of arrangement?

#Update:
My landlord is going to be moving the washers/dryers onto his own account.  We will watch for a usage drop in the following month and he will credit us that cost for the months we've been paying.  Thanks /r/legaladvice and /u/bornconfuzed!

Answer: Your LL is breaking the law. In CT "You only have to pay for the utilities used inside your apartment. If your meter includes areas outside your apartment, like public hall lights or another apartment, the bill must be in your landlord’s name. Call the utility company and say that you have a shared meter and you want the bill in your landlord’s name.  If the utility company won’t do it, call the Department of Energy and Environmental Protection at 1-800-382-4586 or 860-827-2622." [See "Paying For Utilities" on this page](http://ctlawhelp.org/energy-utility-problems-landlords#).


Title: Girlfriend has no birth certificate and we want to get married

Question:
hey guys ! I live in Iceland and my girlfriend is coming to visit from the states and we want to get married while shes here
For us to get married we both need to hand in our birth certificate but hers was lost some years ago
Here's the problem... she was born in Egypt and moved to the states when she was 3 years old
Do you guys know if she can get another copy of her birth certificate from the Egyptian embassy or can she get a new one from the US government saying she was born in Egypt or what?
Any ideas are gladly accepted thank you

Answer: She will have to get her birth certificate from Egypt. Contact their embassy for guidance.


Title: [DC] Prospective landlord required $1500 deposit to *apply* for an apartment. They rejected the application but approved and offered the apartment the following day. Landlord claims they will keep the $1500 if their offer for the apartment isn't accepted.

Question:
Obligatory asking for a friend yadda yadda.

Friend viewed an apartment off of Craigslist and applied for the apartment. Part of that application was to submit a deposit--one month of rent ($1500)--to the landlord. Landlord claimed if she was not approved she would get her money back. I thought this screamed scam but she did not listen. She applied for the apartment anyway and was harshly rejected by the landlord yesterday (made judgmental comments about her personal life, called her ignorant). He also claimed he had "buddies at the bank" that told him she had insufficient funds (she didn't) and brought up her student loans as another reason why he wouldn't give her the apartment. Today, however, he returned and said he called her bank and they told him she had sufficient funds so he is now offering her the apartment. Because of the manner in which he rejected her, she no longer wants him as a landlord. However, if she declines the apartment now that he has offered it, he pockets the $1500. Is this legal or legitimate? She's convinced that because she signed his application this means he can simply keep her money. I'm inclined to believe otherwise--especially since he rejected her first. This "contract" sounds frivolous. Moreover, the "buddies at the bank" comment hints at something illegal in my eyes. What are her options?

Answer: This sounds very scammy. You shouldn’t have to pay anything more then 30 dollars or so for a background check when applying for an apartment. If the check hasn’t been deposited you should stop payment on it now.


Title: Employer discriminating on 401k contributions?

Question:
Hi, I work at a large, well known company, so I assume what's happening here is legal, but I'm not sure how.

So the company has a standard 401k match that is the same for all employees, but also contributes an additional amount based on one's age. For example, if you're under 40, they contribute 3% of your salary to 401k, between 40 and 50 is 4%, while 50+ is 5%.

I presume the intention of this is to contribute more to people who are closer to retirement, but it still seems this is some form of age discrimination. I suppose my question is: How can the company justify paying someone more solely based on age? This also does not take into account anything like years of service or effectiveness on the job, just age.

Is this something that someone could have legal recourse on?

Edit: United States

Answer: This is not the same as contributing more based on race or gender. Age discrimination is somewhat unique in that only people over 40 are protected, unlike other protected classes characteristics where everybody is protected.


Title: I'm potentially about to be expelled from college due to "theft." Any help?

Question:
I thought about posting this on TIFU, but I realized this is a much more fitting subreddit since it isn't just some embarrassing story.

To make a story short, I'm already on academic probation due to a drinking citation (I'm 20-and that one was completely my fault). A few weeks ago, I went to the school's cafeteria for lunch and got two 8-packs of Chick Fil A nuggets. Since I needed a hand free for my wallet and since two were a little cumbersome for one hand, I put one in my pocket and promptly forgot about it. I blame the complete lack of sleep, not that it matters. When I got up to pay, I remembered the second pack a split second too late, and a worker who had seen me immediately pulled me aside (taking my credit card from the woman at the register) and asked me to turn out my pockets.

I complied, because it didn't really click that I was being accused of theft (for some reason, she avoided the words "theft" and "steal"), more just "hey dumbass, you forgot to pay." But next thing you know, I'm getting a letter from our student conduct office. Since I was already on probation, I'm facing expulsion from the school, or suspension if I'm lucky.

I really don't know anything about the real legal system or this one. Since my explanation does seem far fetched, I doubt I'll just be able to explain myself and get out of it, but I'm hoping that character might come into play (Dean's list, extracurriculars, etc), which could be a double-edged sword thanks to the drinking citation just earlier this semester.

Still, I'm just hoping to not get suspended. Anyone out there have some advice? Thanks

Edit: it's an NC school within the UNC public school system. I'd rather not get too specific with the exact school.

Answer:
 Just so you know, this is such a standard issue excuse for shoplifters that people will have a damn hard time believing you.  Especially considering that very few rational people would slip a box of greasy chicken nuggets into their pocket.

A "split second too late" doesn't quite work either.

Hope that they're in a good mood & you have enough other things going that they won't want to nail you to the wall.  Apologize & ask for forgiveness for being a dumbass.  That's about all you can do.

Actually, if you can afford it, talk to a lawyer or someone who knows how to deal with the academic discipling organization, preferably someone who knows your school.  They can tell you the best way to approach it.Answer #2: As a chick fil a connoisseur, you're full of shit.  2 boxes too cumbersome for one hand?  Unless you're a little person, you put on box on the other and hold from the bottom if you still have undersized hands.

But putting a box of nugs in your pocket?  That's a pure psychopath move.


Title: [Iowa/Illinois, USA] Out of State Power of Attorney/Accountant Niece Seems to be Trying to Get Her Uncle to Die Faster for his Fortune

Question:
EDIT 1: I put a bigger space between paragraphs for readabilty.

I have recently been hired by a woman named Janice* as a weekend caretaker for her uncle, an elderly man named Leonard (Leonard has a weekday caretaker as well, her name is Mandy--more on her role in this later). Janice lives in Illinois, while Leonard lives in Iowa, so she could not take care of him herself. Leonard is ninety five years old but in generally good health, excluding the mild dementia he suffers from. Leonard, while currently in good health, has put his niece Janice (he is childless) in charge of his wealth--and boy, does he have a lot of wealth.

Now, the issue here is that I fear that his niece Janice, who stands to inherit most of his money and worldly possessions when he passes, is not only depriving him of some of the things he wants/needs in favor of keeping his wealth, but is also trying to subtly speed up his journey to the grave.
There have been several situations that have led me to this conclusion, but in order to save time I will only detail three.

1. The “Tamiflu Incident” is the most damning, in my opinion, so it will go first. Mandy, Leonard’s caretaker of over a year, told me today that last year Leonard got the flu and was very ill. Mandy came to check on him and soon realized they were both sick--so she called Janice and told her she thought Leonard needed medical attention. Janice seemed “not very concerned” and told Mandy to “go home and get some rest yourself, and then come back and check on him in a few hours if you feel you should” but warned Mandy that she would not be paid for any extra time she would spend coming back to check on Leonard. Mandy decided to go with her gut and took Leonard to the hospital anyway, and it was discovered when he got there that he was suffering from respiratory distress. The doctors wanted to give him Tamiflu to boost his chance of recovery. According to Mandy, when Janice heard that the doctors wanted to give Leonard Tamiflu, she got very angry, demanding that the doctors withhold Tamiflu, citing his DNR. Leonard, while very sick, was still awake and somewhat coherent during this time, so in the end he did get the Tamiflu shot, but Janice still called the hospital in anger and cursed at several doctors, as well as Mandy.

2. Secondly, we have the “Recliner Issue”. Leonard has some mobility issues--he can walk with a walker, but getting in and out of chairs is an issue for him. Because of this, he bought himself a recliner that lifts and helps him stand up on his own. He bought this recliner years ago, and since then has realized that he would like a recliner that would recline further back, or even lay flat. His current recliner is no longer very comfortable for him, but it is his only other chair that he can get in and out of by himself besides the wooden dining room chairs. However, Janice won’t let him buy a new recliner, even though he has more than enough funds to do so. Janice says that they are “too expensive”. I looked into this myself, and you can get a top quality one for about $2000 dollars--pocket change to a man like Leonard. Mid range ones go for about $700.

3. Lastly, Leonard fell today. I was going to take him to the doctor for Mandy, as she could not make it to Leonard fast enough to get him to the doc’s on time for his appointment. Anyway, Leonard hit a bump with his walker on the way to my car, and the whole thing just collapsed, sending him to the ground, where he ended up hitting his head. The resident nurse of his apartment building came to me while we waited for the ambulance to get to us, telling me not to call Janice until we knew what was going on. That seemed odd to me, but I did as she asked. That’s when I called Mandy, telling her what happened, and she agreed to meet me at the hospital when it was decided that Leonard would have to go the ER because he was dizzy. While Leonard went to get a CT scan done, Mandy pulled me aside and said the reason why Janice shouldn’t be called in those situations is because she “has a tendency to interfere with his care”. That’s when Mandy told me about the Tamiflu Incident. She told me that she would not trust Janice with Leonard’s health, and so that’s why she is reluctant to inform Janice of any emergency medical procedures before they are performed. She waits till after everything is said and done to inform Janice, so that way nothing can be meddled with.

So here are my questions. What can I do to get some/all of the power away from Janice? Do her actions count as elder abuse in the state of Iowa? How would all this work, since she is in another state?
I just want Leonard to be able to live his last few years as he wishes, in comfort and good health. He’s a good man with a passion for art, and I believe he still has a quality of life worth living for. Thank you for your time.

*Names, but NOT locations or situations, have been changed for privacy.

Answer:
 If Leonard is competent (that is, a court has not appointed a guardian to act on his behalf) then he can designate whomever he wishes to act as his health care proxy...and frankly I used to advise folks to appoint a proxy who was nearby to take immediate action, like authorizing tamiflu for someone who might be out of it due to illness,  but otherwise in good health, and put whatever end of life/ do not resuscitate instructions into the living will that would be on file with the primary care doctor and the local hospital system.  Likewise, if Leonard is competent, he can spend his money how he pleases,  and (if his attorney in fact is preventing him from doing so somehow, like hiding his checkbook) he can revoke whatever power of attorney documents he wishes, and/or draft new ones that place specific limits on the authority of the POA, like requiring that all of dude's money be kept only in his account at Last National Bank, or prohibiting the agent spending morw than $X per day or month. But ultimately, it will be Leonard's decision to do so or not, and family relations being what they are, he may choose not even if he agrees with you.Answer #2: Does any of your certification or credentials as a caretaker make you a mandatory reporter? If so, I’d say when in doubt enough to ask “Is this elder abuse?”, report it. If you’re not a mandatory reporter, I’d still say you should consider reporting it.

You said there was more situations besides what you wrote here. Maybe this link can help you decide if you need to report or not: https://www.legis.iowa.gov/docs/code/2018/235F.1.pdf


Title: Update: police backing off our security cameras, apparently had no idea sheriff was harassing my wife

Question:
Wife called the local PD this morning and asked for a meeting with "whoever was in charge of officer's behavior." I think they thought it was regarding the ongoing issue we've had with kids using our property as a dirt bike trail, because they offered her to come in this afternoon. She had a much better shot of getting through to them on her own (couldn't guarantee I would keep my cool) so I stayed home. I almost went with her in the car to wait in the parking lot just in case she needed me, but it was too hot to make the kids sit in the car all that time.

She met with the chief of police, the lieutenant and the officer who usually handles the dirt biker issue for us. She brought up the cameras and the letter, they were well aware of the ongoing issue but claimed they didn't realize we didn't have any usable footage. They promised to send out a memo to the department letting all officers know our cameras were useless for accidents on that intersection, as long as we promised to notify them of any footage we catch that might be of interest to them (which has always been our policy) but they did confirm that one of the officers has to physically see and copy the footage themselves for evidentiary reasons. He apologized for the constant requests and said in the future, to call him directly next time an officer demands to come in and see it, and he'll personally come out and take care of it. We have his cell phone number now.

Then she brings up Sheriff Dickface and they had no idea what she was talking about, they seemed genuinely surprised. Chief asks her to give a detailed account of his visits, she hands him the DVD and her journal. They put the DVD on and their jaws collectively dropped to the floor in silence. No one would officially say anything except that Sheriff Dickhead is not a representative of our town's PD and that his requests are on behalf of the sheriff's department, not their department. The chief made a point not to say anything negative about him, except that his behavior is outside the scope of what he expects from his own officers, but he gave off a vibe that he was Not Very Pleased.

Unofficially, the officer we work with told her the sheriff's office is not involved in traffic accidents on that road and he has no idea why he would want our footage, and that the way he spoke to her was beyond unprofessional and crossing into harassment. He confirmed she does not have to open the gate for anyone if she doesn't want to, that a police officer must comply with a request to only visit a private property during certain times unless he has a warrant, and that she should call 9-1-1 if she feels unsafe. He basically implied she should ignore the guy and call the police if he shows up again, without actually saying so. I get the feeling they were trying to save face and not admit the guy has gone rogue for political reasons.

We have another meeting with the police chief on Wednesday after he's had a chance to review all of the footage. No idea what the next step is, but it seems like the local PD is on our side, even if they are trying to save face. Oh, and we now have officers patrolling down here. She hasn't been back an hour yet and a town PD cruiser came down our driveway and stopped, didn't ring the buzzer or get out, just sat for 10-15 minutes and then left. Possibly trying to scare the sheriff off, I think. I feel a lot better knowing they're checking up on things.

She didn't file an official complaint or anything, she gave a verbal statement and another officer took written notes. She asked that they not tell the sheriff's department that she made a complaint, but the chief said he will have to reveal who is complaining and it wouldn't be hard to figure out, anyway. Right now we're bracing ourselves for the backlash, but if the local PD is going to patrol our driveway, we should be ok for now.

Answer: Thanks for the update! [We love updates here!](http://i.imgur.com/bqEs7QW.jpg)Answer #2: That is awesome. I grew up around law enforcement and most of them are just regular guys/gals trying to do a job.


Title: Indiana mother in desperate need of advice on how to approach a young child neglect suspicion. Please help!

Question:
I believe my son is being left home alone by his father, who is the custodial parent, while he and his girlfriend are at work. In fact if anyone asked me right now I'd say I am 99.9% certain this is the case. The only reason I wouldn't say 100% is because I realistically can't be 100% sure. I have quite a bit of Evidence to support my theory that I actually came to by accident. I have not suspected this at all but a series of events that occurred today when I showed up to pick up jax all point to the fact that he was home alone. However I'm not sure any of this would be anything I could use to actually prove by the law that my son was home alone. That is where I need help. I don't know what to do. I'm terrified for my son's well-being and it breaks my heart to imagine him being locked In his room all alone for who knows how long or how often. He is 3 years old. I've talked to my family for advice and the best conclusion we have came to is that my proof isn't any real proof at all and nothing I can actually do about it except sit back and let it happen and try to come across another opportunity to catch my son home alone and to call the cops out at that moment. This is very hard as I live over an hour away and work. Please someone contact me and help me understand what my options are and if any evidence I have would be substantial enough to do anything. Im worried if I do report it but it can't be proven and my child ends up back under his care what measures he might turn to if he can't afford child care and is affraid of being caught .... Where might he keep jax then.At the end of the day if I have to sleep in my truck on the corner and call the cops when my son is left home alone (hoping I catch it) I will.

I'd like someone to be willing to take an in depth listen to my story and please help me.Thank you

Answer:
 Don't stalk his house.

If you knew when they are at work and think the child is home alone, contact the police non emergency line and ask for a welfare check because you think there is a toddler home alone.

Other than that, your proof is very light on actual proof. Just not seeing any adults doesn't mean they were not there. Answer #2: To be clear -- you went to your ex's house to pick up your toddler son and your son came to the door by himself, presumably with his little backpack and stuffed animals and whatever, closed the door behind himself, and left with you without there being any indication that there were adults present? Did you ask your son who was home with him?

Why did the court award custody to the father? Answer #3: Did you ask Jax if he was home alone?


Title: Ex step-daughter of deceased father is threatning to sue because she was not left anything in the will.

Question:
Back story: My friends father passed away about a year ago. He was married to a woman, with a daughter, but then divorced her many years before he passed away.

 In his will he left his estate to his four actual children (incuding his daughter), my friend.

His Ex step-daughter is now threatning to sue her because she feels my friend is witholding something from her, but was was still left out of the will.

Does my friends ex step-sister have any legal grounds for a lawsuit?

Answer:
 Let her threaten all she wants. She was left out - and it’s not her actual father so she really doesn’t have any claim. She can run up her legal bills for no result if she wants to...Answer #2: Step children are not entitled to anything but what they are left in a will (indeed even biological children who are adults are generally not entitled to anything unless the parent dies without a will and the intestate laws designate them as a beneficiary or they are left something in the will itself).

You friend can tell the girl to pound sand. If she does actually file a lawsuit it should be responded to with the help of an attorney.Answer #3: She has no standing to challenge the will.

She can claim to be a creditor. If her own mother had *died* while married to OP's father (in other words, if OP's father had taken control over her mother's estate), there would be a fair chance that OP's father owed her something. Since no such thing happened and the divorce was finalized, don't worry about it. That she is threatening to challenge the will just shows she is grasping at straws.Answer #4: You're in luck. Most of the time the question on here is 'how do I contest a will?', and the answer is, 'it's very difficult'. She'll be having that conversation with lawyers if she goes. The fact that she uses the word suing when she means contesting makes me think she hasn't got far with lawyers yet,


Title: Mom is accusing boyfriend of abuse resulting in miscarriage (Georgia United States)

Question:
My mom never liked my boyfriend and hated that I got pregnant with him. Ww started dating when I was 18 and he was 28. I was 12 weeks pregnant with a lot of complications making it a high risk pregnancy. She overheard me and my boyfriend arguing. The next day I miscarried and she is convinced that the argument caused it going as far as to talking to the police saying he hit me in the stomach WHICH IS SO FAR FROM THE TRUTH

So now everyone seems to think I'm a victim of domestic violence who is trying to protect her abuser because I am denying her allegations. I've gotten a few missed calls from the local police department. My boyfriend is keeping his distance because of those serious accusations my mom is making (I looked up laws in Georgia and IF he did cause me to miscarry, it would be feticide from my understanding)

What should we do? Will he be charged just based on my mother? Can't I just talk to the police and tell them she is making crazy claims that are untrue? Can I just not talk to the police at all and will they drop it since I'm not the one pressing charges/making accusations? Won't they need more evidence or something?

Answer:
 First, both of you need to not talk to the police. They are not looking to help you and you will not benefit by cooperating with them.

Second, if he is arrested, he needs a lawyer immediately. Don't fool around if that happens.

Third, over the longer term, you might consider how to completely excise your mom from your life. If she has pulled this insane stunt, chances are good there is lots of insane, controlling and manipulative behavior in both your past and your future coming from her. Whether or not you choose to try again for a child immediately, you might consider whether that kind of behavior is shit you want around you and the family you want to build. (Disclaimer: I say this because I have ejected both of my toxic parents from my life, for different reasons and at different times. My life is a much better place to live, and my children are way better off, for that decision.)


Title: Moved out of home, can't shut off gas now?

Question: **solved**

Answer: Well for starters if you don't pay the bill then eventually they will shut the gas off.


Title: Got hit by a car while riding my bicycle, and was offered a settlement by driver's insurance.

Question:
Two weeks ago, I was hit by a car on my way to work and broke my humerus (upper arm). The driver was at fault, and was issued a right of way citation at the scene. Since then, I've been in contact with Geico, her insurer, and I'm getting covered by PIP for medical expenses, and have been offered a $10k settlement from the personal injury liability. The field rep has told me she has 10/20 coverage and I've been offered the most I can get from the company.

I haven't spoken to a lawyer yet. I will in the next few days. I have no health insurance, and my primary concern is to get enough to pay for all the bills.

I'm in Florida, and just want to know the possibility of getting more than what I've been offered with an attorney's help. I know that they usually charge 1/3 of the settlement as a fee, so one thought I have is that I would need to be sure that the sum a lawyer can get me would still leave me with at least the amount I've already been offered.

Thanks a lot for any help.

Answer:
 You definitely should stop talking to GEICO and talk with a cycling attorney. Here is a list of cycling attornies in Florida https://velosurance.com/bicycle-accident-law/Florida

Here is valuable info on your UIM coverage. https://velosurance.com/information-center/uninsured-motorist-insurance-for-cyclists

I was in a similar accident and was offered $10,000. My attorney settled the case for $58,000. About 1/2 of that went to medical expenses and fees but after everything was paid there was way more than $10,000 for me.


Title: Parents are getting a divorce (CA) and my father is asking me for a letter with my side of the story to give to the court.

Question:
My parents are in a messy divorce process in California. Originally my mother just wanted a legal separation from him so "he can keep his money" she 'just wanted to get away from him.' Well, now she wants to bleed him dry and take him for everything he's got.

She has been saying that for years during their separation, but they just recently started the divorce process and now she's changing her story.

I'm in my 30s and live across the country, but my father has been nagging me for a letter to the court stating my side. That my mother continually said he can keep his retirement from the Navy, he can keep his money if he decides to work again (he's an alcoholic with clinical depression/anxiety and hasn't been able to work for a year or two since this has gotten him all in a knot) she just wants OUT.

If I was to write this letter, I was going to get it notarized in a sealed envelope that would be void if he was to open it. Would this even matter? Would a judge even care to hear my side? Should I be wording it a certain way for it to even be valid? Or is my dad SOL?

Answer:
 It is, in fact, legal for your mom to change her mind.

The fact that you live across the country and aren't a minor means your opinion doesn't really mean a whole lot. Sometimes it's best to just stay out of it.Answer #2: >I was going to get it notarized in a sealed envelope that would be void if he was to open it

Your dad's lawyer would never let a sealed letter that they do not know the contents of get near a courtroom. The judge won't care anyway. It's not about what your mom said in the past, it's what about gets decreed in court. Let the lawyers fight it out and stay out of it.Answer #3: If you are not available for cross questioning by your mother your statement will not be admissible no matter what you do to ensure that it’s clear it wasn’t tampered with.Answer #4: Such letters are inadmissible hearsay. No point in it.


Title: Anything I can do about a majority of coworkers smoking cigarettes inside of warehouse.

Question: I work in a warehouse setting which houses roofing material, over half of the people that I work with constantly smoke while driving forklifts and also when just walking around. Some people go so far as to light up cigarettes while others are eating their lunch. I’m tired of going home smelling like smoke and don’t want my newborn child to suffer in any way because of the third hand smoke. I don’t really want to have to take legal action I just want to work in a smoke free environment, any advice would be appreciated

Answer:
 This is what the law says: [http://www.smokefreenm.com/static\_pages/the\_law/](http://www.smokefreenm.com/static_pages/the_law/)

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Of course IANAL, so you may want to consult with someone who is.Answer #2: >don’t want my newborn child to suffer in any way because of the third hand smoke

There is no known study stating that third hand smoke is harmful in any way.

> I’m tired of going home smelling like smoke

Understood, but that may be legal depending on your state, which you did not provide.

In California, this would be illegal, but your story seems implausible for CA.

So... state?


Title: [Non-US] I was sent an order that should have been cancelled.

Question:
*\*\* TL;DR:  Seller decided to ship an order, that was going to be refunded, in an effort to scam me. Am I allowed to keep the package if I get my refund before it arrives?*

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Recently, I bought a product online. While ordering, I had the ability to choose from 3 different warehouses where the product would be dispatched from. I chose the German one since it was the only one inside the EU (to avoid customs).

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A day later, I found out (through DHL and not the seller himself) that the seller decided to send it from China, **without notifying me** (both the order, invoice and email stated it would be sent from Germany). After some back and forth between the seller and myself through email (and them denying to help in any way), I requested the cancellation and refund of the order. They denied the cancellation at first, and forwarded me to their Terms of Use (stating that they are not responsible for any custom fees). However, after I pointed them that *" (7.1) It is Seller’s responsibility to notify stock statuses to the buyers prior to shipment  (taken from their Terms)"*, they backed off and we agreed on the cancellation and refund.

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Fast forward a few days, and I got sent an email from DHL (again, not from the seller), that the order had been dispatched from Germany this time. Confused, I emailed the seller again seeking for an explanation. They told me that they decided to send the order, despite the fact that we had agreed on the cancellation - **again,** **without notifying me**. Bear in mind, that the reason why the order was not dispatched from Germany in the first place was because, as they told me, *"Germany warehouse stocks can only be ship to only some EU countries. We do not ship to Greece from Germany warehouses due to customs issues."* **which turned out to be a lie**, since they were able to send the order in the end.

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Frustrated, I requested that the shipment would be cancelled, considering that the order should have been invalidated as agreed. They completely denied it this time and told me that *"Only way to cancel the order now is you have to refuse the package and you have to wait for refund until it reaches back to seller's warehouse."* something that will take too long. They also advised me that *"We highly recommend to you to accept the order to avoid the delay in refund."* (how thoughtful of them).

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In the end, I decided to bring the matter directly to PayPal in order to get my refund, since they offer a really helpful buyer protection program. They have a history of refunding relatives, so I am not worried that they will do so on this occasion. So, essentially, **my question is:**

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In the event that I do get my refund from PayPal before the package arrives (could be unlikely - but I need to be sure), am I allowed to keep the package? The initial order was cancelled, meaning that the package they sent me is not part of an order. **I do realize that this may not be the most ethical thing to do**, but considering the unacceptably unprofessional way that they treated the matter, I do not know if I want to just remain passive on this.
Topic:
Consumer Law

Answer: You'll probably be better off posting in /r/LegalAdviceEU. This sub mainly focuses on the US and Canada, so there will probably be more people who can help you there.


Title: I want to break my lease. The landlord has agreed to let me find a replacement, but my roommate refuses to accept any replacement roommate so she can live alone while still paying half the rent. What are my options?

Question:
Location is California.

I signed a year-long lease with a roommate. 5 months into the lease, I had to move away. I notified the landlord, asking if I had any options, and they said I could find a replacement to fill my spot and remove me from the lease as long as the other roommate agreed. I was going to post an ad on craigslist for the room, but my roommate said not to bother -- they will never accept any new roommates. I asked why, and they said they don't have to -- they don't want a new roommate, and would rather stay in the place alone. I asked if they would be willing to pay more in that case, but they refused.

In hindsight, I should've been more careful signing a year-long contract with someone else. I know I can't just stop paying, since I'm still on the lease and therefore 100% responsible for rent. Am I stuck paying for rent for a place I don't live in for the next 7 months, or do I have any other options?

Answer:
 Does your lease ban subletting, or specify that your roommate must agree? If you can find someone to take your room on a sublet basis your roommate would necessarily have to agree to it.

There's also the carrot approach - offer your roommate a month or two worth of her rent to let you find a subletter.

Or, of course, the stick approach. Tell her you're going to stop paying your rent. She'll either have to help finding a new roommate or she'll be on the hook for your unpaid rent and she could wind up with an eviction. Same goes for you too, of course, so this isn't exactly a wise course of action, but if you get desperate it's an option.


Title: Neighbors complaining about smoking? Renters rights.

Question: [deleted]

Answer:
 > how could smoke be going INSIDE my neighbors apartment I do not know.

Small buildings have thin walls and often have connecting ventilation ducts.  It's pretty common

> If our lease does not state that he can't smoke inside the unit, is this legal to force him to smoke outside?

Most likely.  CA has a smoke-free housing law that allows landlords to make buildings smoke-free as long as they provide a smoking area and appropriate notice.  It's also legal to decide not to renew your month-to-month lease and give you 60 days notice to vacate.


Title: What kinds of media formats are able to he used in court (ID)

Question:
So I did some research a while back and thankfully, Idaho is a single party consent state in regards to recording calls/conversations.  What I couldn't find however, is what kinds are able to be used due to software limitations.

So to give more details, I recorded some calls and they're in an AMR file type, which can be opened in VLC.  But if the courts don't have VLC (who doesn't these days?), should I convert them to MP3 or WAV instead? Should I just get numerous thumbdrives with each file type?

And I know, "speak with your lawyer..." but that's not an option that's available to me, or I would.

Answer:
 You should talk to the court clerk about what technology and media are available in the court room. It is always a good idea to have several options and back ups, just in case.

Be aware that there may be extra steps to get the recording admitted as evidence; abiding by recording laws is a different issue than getting the recording admitted. This is especially true if the other side has an attorney.


Title: My girlfriend (17) repeatedly beat her ex (17) in the face after he called her dirty names and had been harassing her for months. He now wants to take legal action. What penalties may she face?

Question: I was not present when she punched him, the guy had been harassing her for months. I threatened him and that put a stop to it for awhile but at school he randomly walked up and called her a “stupid c*nt” and she lost her mind. She punched him several times in the face, turning him into a crying blubbering mess in the hallway. Definitely hilarious for me to hear about because he’s a scumbag but now I’m worried. There was minimal bruising but now his family is threatening legal action. What’s the worst penalty she can get for beating the hell out of a lowlife that had been harassing her for the better part of 2 months? What kind of recourse would we/she have?

Answer:
 The "hilarious" beating she delivered can get her charged with a Class A misdemeanor in Illinois, which can include up to a year in prison, a fine up to $2500, or both. His harassment of her does not really mitigate that.

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The DA would be pressing charges, however, not the family. If the family can provide some sort of civil damages (like hospital bills, missing school or work) then she could also be on the hook for restitution.

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Punching people: not worth it for a reason! The recourse is simple: criminal defense attorney if she gets arrested, and a tort attorney for the civil lawsuit.


Title: Crazy ex harrassing brother

Question:
Texas
My brother has a crazy ex that texts and calls all day. She contacts him, my mom, me, and his work. These are mean, crazy calls and texts. She has escalated to coming to his work and disrupting his business. She calls customer service and tells them he is on drugs at work. She even contacts his coworkers and boss, bosses boss. Once she came to his work the cops were called and she can no longer go up there.

He had a temporary restraining order but lost the case bc there was not enough evidence of violence.

We are afraid his job is in jeopardy bc she is being so disruptive.
Do we have any legal stance for harassment since she is putting his job in jeopardy?

Answer: He needs to get a good lawyer and get another restraining order


Title: [California] Is it legal to take pictures of women who are breastfeeding in public?

Question: [removed]

Answer:
 It's legal in many cases, but not all, to take pictures of people in public so long as both you and the subject are legally in the place where the picture is happening.

However, legal or not you are inviting trouble if you do this without prior written permission of the subjects.

Taking pictures of breastfeeding women without their permission might be legal, but it's the kind of creepy behavior where, if someone complains, the cops are going to hold you for quite some time while they try to figure out something to charge you with.

Now... If you're talking about pictures when you get their permission, pay them a fee, and tell them the blog where they can see their pictures.. I think it has the potential to make some beautiful shots and I'd enjoy seeing it.

Edit: I should add that permission is always needed to use someone's likeness or photo in a commercial way. Answer #2: Is it time for weekend /r/legaladvice already?  Damn, I'm not even drunk yet!


Title: BC-CAN Suspected laundry thief - can I set up a hidden camera in the laundry room?

Question: I suspect a neighbour has been adding their clothes to my wash cycle and then rinsing them to save money, hitching a ride on my $2/load so to speak. I bought one of those hidden camera pens and I was wondering if it's legal for me to set it up in the shared laundry room to try and catch this person with my hidden camera?

Answer:
 This is probably one of the most interesting things I've seen someone accuse their neighbor of doing.

So your neighbor waits until you start you laundry - and sneaks into the laundry room and adds their clothes - and then beats you back to the washer and takes their clothes out so they don't have to pay to do laundry?

Why do you think this is happening? And what would you like to do about it? And how much did the hidden camera spy pen cost? Where do you want to put it? What will you do if you find out this is true?


Title: Military Roommates and Lease Obligation

Question:
(TX) If two people are on a lease and one gets military orders to move, does the second person become responsible for the whole place or are they eligible to terminate the lease as well and find a more affordable place to live? Combined, my roommate and I share a $2000 house. I can pay my usual $1000 but when they move, I don’t have a spare $1000 to spend to cover it all. I’m up to move 5 months later so I don’t want to find a replacement roommate and leave them in the same boat shortly after. I’d rather move somewhere else but the lease doesn’t need for 3 more months. I’m pretty sure I’m still responsible for finishing the lease even though they bailed with orders, but does that change if I can’t meet the income requirement (3x rent) on my own?
Topic:
Landlord Tenant Housing

Answer:
 IANAL. Check you lease for the phrase "jointly and severally liable". If it mentions that phrase then you are likely still on the hook for the lease.

Either way you should talk to your landlord about it and see if you can work something out.


Title: Is filing a false report something the police have to charge, or something anyone can make a complaint about?

Question:
Just wondering, idiot former landlord always threatened to have me for "filing a false report" because he claimed he wasn't around when I called the police on his drunk ass for trespassing (he left of his own accord before the police got there, believing I wasn't home).  Didn't take him seriously at the time because he had no proof I was lying, but now I'm wondering if that's something someone could even do.

Was up in michigan, but I suspect this works everywhere.
Topic:
Douche

Answer: People get too much caught up in a semantics dance of the retards when it comes to the concept of pressing charges. Mentally challenged lay people scream and threaten to "press charges." Pedantic lawyer asshole types primly say things like "only the DA can press charges not individuals." That fact is that although a DA is the only one who can press charges, on a practical basis why has one not pressed charges against you? Simple. They don't know. How do they know? They know when the layperson goes to the police station to "press charges." In that case the layperson makes a complaint to a police officer, a police officer decides whether or not to kick it up to a DA and the DA makes the ultimate decision on whether charges are filed. The layperson can make things easier by saying they are going to ask the DA to press charges but this debate gets so boring because there is one factually and legally correct answer and another answer that is correct on a practical level.


Title: Eviction threat. NY need help!

Question: [deleted]

Answer:
 The leasing agent is full of hot air. As long as she has accepted your re-issued check(s), then she can't evict you for having a bad attitude. If she does try to evict you or give you notice, NYC has a wealth of tenant's resources to prevent an illegal eviction.

Ignore her.


Title: School Struggles and Marriage, am I Crazy?

Question:
Obvious throwaway account for obvious reasons, I've got a question that I don't really know who to ask- So as per the usual, i'm coming to Reddit.

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My partner(25) and I(31) have been together for two years, in that time we've talked about marriage but I've always told her that I want it to be right, I want both of us to want it. I don't want to half ass it. I'm not the most feminine of people, but damnit I've always wanted a wedding and if we are together until we're fifty before it happens, so be it.

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Well, in this two years I've watched her struggle on her own to afford schooling. As I have struggled with my own pains, (Disability, SSI, the entire governing process) It's been a painfully long journey of her being denied Financial Aide because her parents make good money, but have no intention of helping her.

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Cue this morning, when we were talking about how far she wants to go with school, vs how far we can afford to go together. I offhandedly mentioned that it's likely her financial situation would be reconsidered if she was married, much less to someone on SSI (disability). It might make it much easier to get financial aide, and help her through school in the long run.

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So my question is; Am I right? Is this legal? We intend to marry, we just.. might do it earlier if it helps us advance in life. Also, if my flair is wrong, feel free to change it. This seems like a marriage question, but also maybe a school one? Eugh.
Topic:
School Related Issues

Answer:
 People get married for all sorts of reasons. Love, children, insurance, tuition, citizenship.

Just don’t jump the gun for the wrong reason.

School will always be there for her to finish. Wanting to help someone you love is wired in us, just be sure it’s the right time and place. Answer #2: >It's been a painfully long journey of her being denied Financial Aide because her parents make good money, but have no intention of helping her.

At 25 this should no longer affect her financial aid or ability to get loans.  Your marriage should be financially irrelevant, as far as school is concerned. That said, you can read about that here: [https://studentaid.ed.gov/sa/fafsa/filling-out/dependency](https://studentaid.ed.gov/sa/fafsa/filling-out/dependency)

Get married because you want to get married.Answer #3: Also be sure to consider her income's effect on your benefits. I've seen friends marry and lose health/disability coverage. Answer #4: I'm confused as to why her parents income is a factor into her financial aid award package being that she is 25?

You don't need to get married, she needs to do some research into what income is and is not included in applications for financial aid. Answer #5: I am not a lawyer, but I do work in university financial aid.

Getting married for financial aid purposes is fraud, and will not actually help in this process because YOUR income would be required on her FAFSA, thus increasing her EFC.

Your partner is independent for financial aid purposes now that she is over the age of 24. She does not (and should not) provide parent information on future FAFSAs.


Title: job application asked for current salary

Question:
I recently applied for a job with the city of Manhattan, KS.  The job was for "Infrastructure Analyst" (GIS analyst) and base salary offered was around $45000.  In the job application I was asked to submit my current salary ($38400).  I wanted to leave it blank but my wife encouraged me to include it so I did.  I was interviewed and told I would be contacted by Friday of the same week.  Two Fridays later I received notification that the job was no longer available.

Monday morning, a new job is posted for the city.  "GIS tech"  but the job description was very much the same.  And the salary had been lowered to $18.65/hr ($38792/yr).  Which is within $400 of my current salary as I listed on the application.

Is this legal, and is this ethical?  I understand they want to hire a person for the pay they are worth.  And since my current job (GIS tech) is also in Manhattan it's a great gauge for other GIS job positions in that area.  But this still doesn't sit well with me.  I'm trying to determine if I want this job.

Answer: Yes, it's legal, unethical, but legal.


Title: Can my job make me do social media?

Question: I Just started a new job a few months back and now my boss is forcing us to make YouTube videos and post on our Facebook and work related pages within fb.  I  hate this.  My Facebook is for me and my friends.  Is this legal?

Answer:
 Your boss can include this in your job duties, yes.

Sign up for a new facebook using your work email.Answer #2: You could make secondary accounts to use for work purposes.


Title: Theft by check in Texas

Question:
Back in 2000 I was young and dumb and wrote a couple of checks which total did not exceed $500(misdemeanor).
I don't really remember it but I found out that I have a warrant from 2000 for this from a background check that was done after a job interview.
I do know the statute of limitations for theft by check is between 2-5 years in Texas.
I have called the county clerks office and they said if I pay the total of the checks they'll waive the court fees and drop the warrant.
My question is do I have to pay this now or since it's been at least 12 years after statute of limitations what can I do legally?
Topic:
Criminal Law

Answer:
 You should pay up and thank your lucky stars.

See, the statute of limitations is how long the government has to charge you. You've been charged already, so it doesn't apply.


Title: What happens if you destroy evidence even if the police see it, but can't prove it happened?

Question:
In the U.S., I know destroying evidence is a felony, but how can they actually prove it? Lets say you're camping near a deep fast river. The cops show up and smell weed. Just before anything happens the cops see you throw *something* into the river, in this case your weed and pipe. You technically just destroyed the evidence of illegal marijuana possession, but how could they ever prove that? Wouldn't it just be their word against yours?

Sorry for the dumb question, just can't sleep until I ask because Google is yielding me no results. TIA!

Answer: Most cases of "destroying evidence" would probably be more accurately be described as cases of "unsuccessfully attempting to destroy evidence." In the hypo you described, its unlikely they could get you for more than littering. The problem is, if you weed gets caught on a branch or a rock or something and they manage to fish it out, you are now facing the weed charges plus the felony destroying evidence charge. Risky gamble to make.