Title: (OH) Denying someone a job if they smoke?

Question:
My restaurant is trying to transition to smoke free.  Of course there is no smoking inside, but this means from employees too.  Currently there are no smoke breaks for employees.  Depending on how long you work, you get up to a certain amount of time for your break.  After that, it's all you get.  So you could take 5 minutes to smoke then get back to work, or take 30 to eat and hang out.  It's all unpaid, so it's not like they are smoking on the clock.  If they go to smoke, they must go out to the garbage area.  It's in a separate space from the restaurant with walls around it, so customers can't see them smoking.

First off, is creating a policy like this legal?  I don't think smokers are considered anything so "discriminating" against them isn't illegal, right?

How would one tell if someone went out to smoke in the first place?  Would coming in after your break smelling like smoke be enough to get you fired?

During an interview, is there a way to find out if someone smokes legally?  I don't think you can ask "Do you smoke?"  However, could you ask "Are you able to work 10 hours straight without smoking?"

Answer:
 Smokers are not a protected class, so yes, you can be fired for smoking. Lots of hospitals are now requiring that their staff not smoke.

> How would one tell if someone went out to smoke in the first place?

You can tell. Someone who has been smoking *reeks*. Answer #2: >How would one tell if someone went out to smoke in the first place?

Because the stench clings to your clothes.  Non-smokers often can instantly tell someone they are around recently smoked.Answer #3: Being a smoker is not a protected class. They could fire you for smoking. If they want a smoke free environment, they can legally have one.


Title: A journalist website named and shamed my girlfriend, among many others for voicing an opinion

Question:
We're both Irish and somewhat clueless when it comes to legal matters. But recently my girlfriend replied to an Instagram post with a controversial opinion, and last night her phone exploded with replies and messages from Instagram, calling her disgusting and a monster. The website, scarymommy.com, never contacted her but posted her name and comment, along with many others for the readers to see. She never gave permission for this and has been having panic attacks ever since due to some seriously nasty messages she's received. Does she have any grounds to stand on in terms of legal action, should they have asked her permission first or contacted her at all?

I'll leave a link to the article but for anonymitys sake I won't be naming her, because I don't want to send anymore hateful comments her way

https://www.scarymommy.com/nike-ad-underarm-hair/

Answer: The comments were public. When you post controversial stuff on a public page you have to be ready for the consequences.


Title: [WA] Does this nurse have a misunderstanding of HIPAA?

Question:
Does the HIPAA Privacy Rule prevent medical providers from ***receiving*** information from an outside party absent a release?

My neighbor's brother is currently undergoing a mental health crisis. He carries several mental health diagnoses, including intermittent delusions, primarily of paranoia. When they come on, he refuses to take his medications. This current episode has lasted two weeks and he has already checked himself out of a voluntary inpatient treatment facility in Seattle as a direct result of his paranoid delusions. It has become clear that the staff at this facility were not completely aware of how significant his delusions were. It wasn't until he checked himself out that this facility fully grasped the extent of his delusions and his inability to care for himself. They have since undertaken some kind of process to involuntarily hold him. (I'm still not clear on what exactly this process is, and I am not clear on why it couldn't have been done before he checked himself out against medical advice.) Of note, he specifically denied this facility's request to share information with his family. The family first heard about the hold when a "designated examiner" called looking for ways to contact him.

My neighbor and her family have come to me because I am a physician, but I'm not a psychiatrist. We live in Montana. I've been trying to help them navigate the health system to help him as best they can, and also understand what has been happening.

Today he took himself to an emergency room that apparently has no access to any of his previous medical history. He called his sister today while in the ER and was in and out of his delusions again, but it was clear that the ER was in the process of discharging him without medication. We believe the ER was operating under the assumption that this is a stress related episode and that they ruled out a heart attack based on the tests he told his sister about.

My neighbor tried to call the ER to tell them all about his history and how the first facility was trying to locate him to place him in an involuntary hold. She was put in touch with a charge nurse that literally said, "La la la la la... He hasn't signed a release, so I'm not allowed to hear this information because of HIPAA."

I can provide more detail on request, but to get to my question: Because he has not signed a release, is the medical staff unable to ***receive*** information from an outside party?

My understanding is that this is not the case. I don't see any regulation under HIPAA Privacy Rules that would prevent the attending physician from hearing important details about his past history that he may not be able or willing to make them aware of, even if they were to come from a third party.

Like I said, I'm not a psychiatrist, and I'm sure psychiatrists and ER physicians and staff deal with mental health crises where patients cannot relay their history all the time. So I assume they know more about how this goes, but I believe this charge nurse is misunderstanding HIPAA laws or possibly my neighbors' intentions, or something else.

Any comments/advice/illumination would be greatly appreciated.

Answer:
 HIPAA would prevent the nurse from acknowledging him as a patient without the patient's consent. HIPAA doesn't exactly prevent her from simply listening. However, the emergency department has a policy built around HIPAA that she may have been following.

Regardless, what she did did not *violate* HIPAA.


Title: Child denied enrollment to private day care center even though she qualified for a medical exemption

Question:
Location: Virginia

My child was denied enrollment to a private day care center that has locations nation-wide. She has a medical exemption for vaccinations (as is VA state requirement) because she is immunocompromised. We submitted letters from her medical team along with the standard forms explaining when she would be eligible to receive certain vaccines. Our understanding is that as part of the school's standard process, it notified one of the parents whose child also has a medical condition, the parent objected to having an undervaccinated child in her child's classroom, and the school denied our enrollment. The school told me that if it weren't for the other child/parent and their objection, that my child would have been accepted.

My questions is: did the school have the legal authority to dismiss the medical exemption? We were told her enrollment was denied "because she isn't fully immunized."

Answer: If it’s a private daycare, they can deny admission to anyone for any reason.


Title: Is there anything I can do about my stalker?

Question:
23F living in Texas. Grew up in North Carolina and when I was 16 and stupid, got romantically involved with 21M. We dated for less than 2 months before I broke things off. He didn't handle it well and proceeded to call me 5 or 6 times a night (even into the early hours of the morning, 3am, 4am) and not say anything when I picked up. He followed me home from work at least once that I know of (which is scary because I lived in the middle of nowhere and was essentially alone). This went on for about 6 months - I didn't know what to do, so I contacted the police, who told me that unless he was threatening me, there wasn't anything they could do about it - apparently the phonecalls and following me home from work ("how can you be sure it was him?" "I saw his license plate" "still not enough to say he's threatening you") weren't serious enough for me to file a restraining order.

Eventually I changed my phone number and he stopped contacting me. 4 years later (my senior year of college) he somehow found me on campus and tried to talk to me. I ran into the dining hall to lose him in the crowd, and I did. Not long thereafter, I received a text message from him apologizing for everything he'd done, stating that he "just wanted to talk." He often did this when contacting me before,  but I knew it was just a ploy to get me talking to him again. I replied to the text "If you ever try to contact me again, I will notify the police. Do not respond to this message." Not sure if he responded, because I promptly blocked him.

Right after graduation, I moved to Texas for a job. I hadn't heard from ex-bf since my senior year, so I thought he'd forgotten me. A few days ago, he tried to add me on Facebook; I blocked the request immediately. He also just tried dialing my cellphone (I know it's him because I remember his old phone number); it only rang once before hanging up but I know it's him. I blocked this number again.

My question is, is there anything legally I could do to protect myself? It's been 7 years since I've had any kind of a relationship with this man and he STILL cannot let it go. I'm genuinely concerned because someone this delusional is impossible to predict. I want to file a restraining order, but I know the cops will just come back with the whole "he's just calling you but not actually harassing or threatening you, so there's nothing we can do."

Please let me know if there's anything I can be doing to protect myself. Thanks in advance for your help!!

Answer:
 Go to the police like you said you would. You need to get a restraining order clearly. Answer #2: also stalking in tx is a third degree FELONY..
please read the AG of TX statement on stalking and do what it says. https://texasattorneygeneral.gov/cvs/information-on-stalking


Title: Is there a maximum legal number of babies per household?

Question: [deleted]

Answer:
 No.  In fact, if you have enough, you might eventually get a TV show (Duggars, Bates, Willis Families, etc).

HOWEVER, there are occupancy codes that children/babies factor into.  So could someone turn you down for an apartment/house because your family is too large?  Yes, absolutely, so long as they are following the appropriate laws.

If you want to have infinity babies, you generally want to own your place.  Renting in most areas gets expensive otherwise.


Title: [Question] [florida] just got served papers... im being sued.

Question:
So back in 2013 i was in a minor car accident. Minor as in no damage to either car and i was clocked at 2 mph (mechanic checked). The lady i hit claims she has perminant damaged to her spine and that she can no longer live a fufilled life and she is suffering "extreme mental anguish" exact quote from the papers. She refused medical attention at the scene, and waited 13 day to seek medical attention. The officer on scene was only going to give a warning as there was ligit NO DAMAGE TO EITHER CAR but the womans husband demanded i be punished "to the full extent of the law" also exact quote. They also ended up being cited as the woman has no title, registration, or insurance for the vehicle she was driving. This did not make them happy.

So cut to last year when i recieve a letter from their lawyer that they are going after my 100k in medical coverage. My insurance offers her 2k. They decline and i think thats the end of it. Until this morning when i get served papers saying they are suing me personally for any and all assets totaling up to 100k. Insurance says they have no case and at this point they are being malicious against me and greedy.

What can i expect from this? They are demanding a jury trial. This has been dragged out for almost 3 years.  They have refused any offer made by my insurance company. This has been a pain in the ass. Ive mussed work. Ive had massive episodes ( i have a documented and proven mental disability). Is there anything i can do? Im honestly terrified
Topic:
Traffic and Parking

Answer: Contact your insurance company and their lawyer will be able to tell you the process and what to expect.


Title: Got carried out of a bar without being asked to leave first. I’m pressing charges for battery. Do they have a case for trespassing?

Question:
Hi all.

Last night I was at a bar and I waved to get a bartenders attention, as I’d been waiting for at least 20-30 min and a new round of people were being served before me. A relatively standard practice to get the bartenders attention in a crowded bar.

I am 5’0” and thus not extremely visible behind the bar, so I kneel on the barstool next to me as I wave to get the bartenders attention. She tells me to sit down. And I tell her I will once someone acknowledges me. She tells me to sit down again and I tell her that i’m fine and I don’t need a drink anymore - just to give me my card back so I can go. She tells me to sit down, and I tell her I will once I get my card back. She calls me an asshole to other people at the bar, comes out of the bar and picks me up and carries me out of the bar. She tells me she’ll call the police, and I say that I’ll call the police for assaulting me (I later realized it was battery). I ask her what I did and she says trespassing. At the entrance of the bar she puts me down and a security guard asks me to leave and I tell him I still need my card. The bartender calls from behind the bar that I’m trespassing, but the security guard doesn’t touch me, so she comes back out from behind the bar to carry me a few more feet until I’m fully outside. I ask her again what I did to get kicked out and she says trespassing.

I wasn’t asked to leave or told I was trespassing until I was being physically carried out. I know I have a case against her for misdemeanor battery, but does she have a counter-case or way to get out of it with charging me with trespassing?

Answer:
 This is the very definition of a pointless case. I doesn’t sound like you have any damages except your pride, and frankly you don’t sound like a very sympathetic plaintiff. Even if the judge agrees with your arguments that this was a battery (and they very well could), the amount they award is going to nominal at best. Sometime the “winner” of these cases gets awarded a single dollar.

While trespass is normally criminal in nature, civil trespass is a thing as well. But again, they don’t have any damages either, so they’d only get nominal damages and an injunction preventing you from going back there.

In other words, it’s a big waste of everyone’s time. If you’re concerned about the customer service you received, contact the management.Answer #2: Once you were told you were trespassing, you were trespassing. Carrying you out of the bar without telling you to leave was foolish on their part. However, it does not sound as if you actually suffered any harm. She would not have a counterclaim against you in a civil suit, however. You didn't do anything to her, as far as you have told us, and there is no lawsuit for trespassing. It is a criminal complaint.

When you complain to the police they will review the situation and make a decision about who to charge and for what. Then the prosecutor will decide whether to go forward with charges.


Title: My landlords won't give references (good or bad) without me giving my 30 days notice. Is that legal?

Question:
Portland, OR: I'm trying to find a new place to move into soon and I my landlord just told me that they won't give references unless we put in our 30 day notice.  What if we're applying for a place that won't be available until 3 months from now?  Also, what if we don't get a place in 30 days?  This seems very sketchy.  I'd appreciate any guidance you can give.
Topic:
Landlord Tenant Housing

Answer: Your landlord has no obligation to give you a reference at all.


Title: Is This Entrapment or am I Just Stupid?

Question: My buddy got pulled over the other day for speeding and the officer asked to see my license. I was smoking a cigarette and repeatedly asked the officer what he would like me to do with it. He never answered and then backed away from the car. Being nervous and taking his actions as a sign, I dropped it onto the ground. He then wrote me two citations for littering and told me he was going to suspend my license. None of this seems right but I'm concerned.

Answer:
 The latter,

Realistically though, it's not entrapment. If he had put a gun to your head and said "Drop the cigarette now", then maybe. Entrapment is a very high bar to meet and your situation doesn't get there. Essentially, the law enforcement officer has to convince you to do something that you would've never done otherwise. Answer #2: Not entrapment.  How exactly did the cop backing away give you the message that he wanted you to drop your cigarette?


Title: [CO] What should I expect if I refuse to pay price gouging car rental toll fees?

Question:
Hi guys. If this is too trivial for this sub I apologize. I read through all the rules and I think this technically qualifies.

Long story short, I rented a car and paid all their extortionate "administrative fees", but now they've hit me with yet another one in the form of "administrative fees" for the tolls I incurred on the road in Colorado. The tolls themselves come to a grand total of $9 but the "administrative fee" is $30. This is, in my humble opinion, blatant theft.

I am a resident of Florida, but I picked up the car in Nevada and returned it in Colorado. As it happens, the Florida AG [appears to agree with me](https://www.miamiherald.com/news/business/article217582545.html) and is suing this very same company over these practices right now. However, since that suit is specifically about paying tolls in FL, and I incurred mine in CO, I sort of doubt that means much for me.

Anyway, I'm inclined to ignore these pricks, but before I do that I would like to know how thoroughly they're allowed to destroy my entire life over these nine dollars if I refuse to bend over. What are they gonna do to me if I don't pay?

Thanks very much.

Answer:
 Pay them and read the contract next time before you sign it.

If you don't pay, they'll send your bill to collections and you'll get your credit dinged over $39.


Title: My dad sold my scooter without my permission, or the title. Now he wants to make me pay for the cost of a new title.

Question:
I left my scooter with my dad because he wanted to fix it up. I told him that if he still wanted it after fixing, I’d transfer the title to him. 6 months later, he  texts me and says that he needs the title. It comes out that he sold it, for $150 just to get rid of it. I was a bit mad that he sold it for so little but I agreed to give him the title. Well I’ve moved a lot in the 6 months (homelessness and couch surfing) so I’ve lost the title. I’ve got no extra money laying around to pay for a new title so I asked him if he could send me a little bit of the money for it and he laughed in my face.

Is there anything I can do? I don’t care about getting the scooter back since it’s 5 states away. I’m just pissed he’s making me pay for something that he sold out from under me.

Sorry I forgot locations. I’m in Texas and the scooter sale happened in Iowa
Topic:
Small Claims Procedure

Answer:
 Well, he sold it. Sounds like it's his problem. He can take the money from the proceeds.

Alternatively, he can send you the money, and you can then offer to pay from what you receive.


Title: (CA) I was in my backseat with my gf and person took pictures of license plate?

Question: Help!!! So I was caught in the backseat of my car giving my gf a butt massage at a old mall and some guy came up to my car and started knocking on my window and started taking pictures of my license plate and told me to leave in 5 minutes and never come here again. I asked why he was taking pictures if I didn't do anything wrong and he said to not worry about it if I wasn't doing anything wrong. Will I get a fine for this or be reported??

Answer:
 He took pictures so if he finds you on the property again after you've been explicitly told not to be there, they can pursue trespassing charges.

Don't go there again.


Title: (Texas) Out of town at a bachelor party. Had a falling out with the group. I am the only one with a vehicle and drove up here. I could drive, but I know I am above the legal limit. How can I sleep in my vehicle without risking a DWI?

Answer: Hide your keys in the bushes and then sleep in the unlocked car.


Title: [AK] Father of unborn child talking custody battle?

Question:
A little information about where we live:

We live in different cities here in Alaska. He is about 2 hours away, and about 30 minutes from the nearest hospital. Not even delivery drivers will deliver to him, that's how far out in the middle of no where he is. I live in the biggest city, Anchorage, near my unborn childs hospital and near everything she could need.

He has been to the appointments and what not, wants to be a part of everything, and I would NEVER take that away. We are not, nor have we ever been, together. This was completely unplanned and a very happy accident.

Here is my issue:

We had a conversation a couple weeks ago about him taking her over night after she was born. I told him that I was not comfortable having her that far away(2+ hours) from me or from and sort of medical care(30+ minutes) while she was still breastfeeding and still young. He got angry and asked me if we were going to have a custody battle. I let him know that he was more than welcome to come see her when ever he pleased, but he seems to have this idea in his head that she will be spending nights out in the middle of no where with him right away.

What are mine and his rights here?

Edit for information: We have nothing to do with each other aside from appointments and the occasional "How is she doing?" text. He was supposed to move in to town so he could be closer, but has since (apparently) decided not to.
Topic:
Custody Divorce and Family

Answer:
 Right now, you have the right to refuse him anything (including be at the hospital and on the birth cert) until the baby is born and he files for custody. He will get some form of custody. He will not likely get over nights for the first 6mo but he likely can after that. Answer #2: First, by Alaska standards, 2 hours (driving) from Anchorage and 30 minutes from a hospital isn't even the *edge* of nowhere, let alone the middle of it.

Second, no judge in his or her right mind will deny overnight parenting time based on the theoretical possibility that a serious injury *might* occur 30 minutes away from a hospital. There are such things as medevac helicopters, you know.


Title: My friend's dorm roommate reported her for being undocumented and she was arrested. How can we help her not get kicked out of school or deported? Please help (NC)

Question:
[removed]
Topic:
Troll Post

Answer: It takes more than a single phone call saying "I know where an illegal is" for a person to get arrested. So, I'm calling bs on your post.


Title: Leaving abusive husband and he is unwilling to break the lease (TN)

Question:
I’ve made the decision to exit an abusive relationship, and we are both on our lease. Our landlord is willing to let us out of the lease, however my spouse said he is unwilling to “uproot his life” and unwilling to move. He said that I am responsible for half of the bills (rent and any utilities) and will be required to pay half. I am unable to afford a new apartment and half the bills for the previous home. Am I legally on the hook for half the bills if he makes the choice not to look for new housing or even try?
Topic:
Custody Divorce and Family

Answer:
 In TN, you can legally break a lease with little to no repercussions if you have an order adjudicating domestic violence and the order provides:

1. that one party move out immediately and vacate the premises (happens in 99.99999999% of DV cases)
2. that the perpetrator is prohibited from contact with abused (see statistic above)
3. that requires perpetrator to stay away from victim's residence (same statistic), OR
4. that finds that the perpetrator or victim continuing to reside in the rented or leased premises may jeopardize the life, health, and/or safety of the victim or the victim's minor children.


Title: [US-CHINA] Can the US embassy help a US citizen arrested in China who entered using a non-US passport?

Question:
A family member was detained by Chinese customs while entering on a Taiwan passport w/business visa. Chinese legal procedure is a complete mystery to me, but what I've managed to hear is that they have the right to hold someone for 37 days while they question. During that time, only the lawyer can visit, and the lawyer is not allowed to be present during interrogations. What the US embassy website says is that the Chinese police are required to notify them within 4 days of arresting. But my question is if this applies if the person is a US citizen, but didn't enter on a US passport? Can I contact the embassy and ask them to visit?

Any advice would be a great help, thank you!

Answer:
 This probably needs to be a question you ask them

In case of an American Citizen Emergency, please call (02) 2162-2000 and press * (star) at any time to reach an operator or duty officer.  If calling from the United States, please call 1-888-407-4747.

It's the American Institute in Taiwan and they will probably know best if entering under one passport impacts processing, etc.

You can always call the embassy and ask but I would try [these people first.](http://www.ait.org.tw/en/about-us.html)

Although they are more Taiwan/US relations people they probably have familiarity or at least will have the knowledge to point you to the right places for assistance.


Title: Neighbor 'harassing' me for composting on the property (ME)

Question: Long story short, my upstairs neighbor has a tendency to hurl insults at me when I am outside (i.e. walking to my car to leave for work) that include things such as "go back to school and learn how to fucking read," "stupid fucking broad," ""you must be really fucking stupid," etc. He has not threatened physical violence, but has thrown away my compost and tampered with the composting bin. I realize that compost is a ridiculous thing to be causing so much trouble, but I'm wondering if this is serious enough to hold up in a harassment claim. Interactions generally include him yelling, swearing, and saying derogatory comments. Communication is impossible, he literally just yells over me the entire time. I want to know what my options are, as this is really terrible to live with. Thanks.

Answer:
 He's harassing you and stealing from you. This is definitely enough reason to ask for a restraining order and ask police to file a report.Answer #2: Yeah, everything about this screams "disorderly conduct" at the very least. Contact your local police department and tell them what's going on. They probably won't press charges, but will go have a chat with him.

Going forward, take notes on what happens. Eg, "October 23 3:41pm - neighbor yelled 'you must be really fucking stupid' as I walked inside". If the behavior continues, call the police again -- though I'd wait until you have a few more offenses.Answer #3: Do yall share a landlord.

You should record what he says to you and once you've got several recordings call the police and try to get a restraining order.


Title: NY- Local store will only let me use card if MY name is on it

Question:
Recently my husband and I moved for his job. In the town we live in there is a locally owned grocery store, and any other big name grocery store is 30 minutes out of town. So it is way easier to go to this local grocery store...

I’ve recently encountered a little issue when trying to use my debit card... Now, my husband and I share a bank account, both of our names are on it. However, we only have one card for this account, and it has his name on it. The grocery store will ONLY let me use that card if he is there with me. When he isn’t there, they won’t let me use the card as it has HIS name on it, not mine, never mind the fact he is my husband and it’s my bank account too...

Is this legal in NY?

EDIT: Yes, I know I need my own card. For some reason this not letting me use the card practice just particularly annoyed me I guess.

Answer:
 Yes.  It's even good practice.  How happy would you be if they let someone use your husband's card because the person claimed to be the spouse.

Get your own card.  For a joint account they should issue both of you cards anyway.Answer #2: Why don't get you a debit card with your name on it?Answer #3: How's are stores supposed to know you're on the account?  You could easily be a disgruntled ex-wife/sibling or just a thief.  Get a card with your own name on it.


Title: Hey all, I'm in California (Los Angeles) and my girlfriend's son has been on the receiving end of some gnarly cyber bullying since January.

Question:
We printed out the texts which clearly show intimidation, threats, and support suicide. (Her son wrote about wanting to kill himself and the girl he was texting said, "everyone thinks you should.") the school has been having issues with this girl already.

Now, we printed out the texts and went to the police to make a report (cuz everyone was saying to) and the police said that there was no need to make a report and were just apathetic through the whole process. Any thoughts or advice would be greatly appreciated.

Key Points:

- Her son isn't an angel. He swore back and insulted this girl but only as a reaction to her aggression.

- The girl never threatened him directly, but her cousin took her phone and texted that he was going to beat him up. So a threat was made but no actual actions came from it.

- The police say that there's no way to actually know who texted the threats so they can't make a police report about it.

- The principle knew that an issue was happening and neglected to inform us.

- This girls mom approached my girlfriends son at school and chased him down and berated him for being mean to her daughter.

- The texts from this girl are emotionally abusive.

So:

-What is the best course of action?
-Has a crime actually been committed?
-Any Suggestions would be greatly appreciated.
Topic:
School Related Issues

Answer:
 Take away his phone and social media access. You can't force the police to care and it looks like they don't.

I would also work with the school: there's no reason that the girl's mother should be talking to him at school.


Title: Need some help regarding a landowners liabilty after my vehicle was damaged on their property.

Question:
So this is my first time posting here, so I apologize if I sound confusing. Long story short, today I tried to take my truck into a parking garage which did not have a low clearance sign. The roof of the garage tore the kayak rack off of the top of my truck. Is the landowner or operator of the garage liable for the cost of repairing/replacing the parts of my rack that were damaged, since they failed to have a low clearance sign warning me? Thanks!

Edit: This is in Gunnison County, Colorado, in case that helps

Answer: This, this right here...is a damn big part of what is wrong with the Good Ol' U S of A. Take responsibility for yourself. I drive a truck, and as a truck driver I feel it is my responsibility to know how tall my truck is, and as such if I misjudged and drove my truck into a stationary object I would blame myself. Hold myself responsible for my own actions. Not try and go after someone who didn't warn me.


Title: Got hit by a car

Question:
Yesterday I got hit by an SUV while crossing in a crosswalk with the light. A woman in the SUV was making a left and hit me from behind, sending me flying and i landed on my tailbone. Some kind folks helped me up and called 911 and there's an accident report. I was taken in an ambulance. I have insurance. Nothing is broken but I'm in a crazy amount of pain all over my body so tomorrow when the doctor office is open I am scheduling an appointment. I am just curious what reddit has to say about this since everyone is like "SUE HER"  but I'm unsure how to proceed. I am waiting on the bills/ claim from the hospital and when I can finally leave my bed and head to the precinct to get the Accident report.

Edit: I am in nyc

Answer: You proceed by contacting a reputable personal injury attorney, as soon as possible, BEFORE you do anything else.


Title: If I file for divorce while in the process of inheriting money, would my ex be entitled to it?

Question: I'm the executor of my grandparents estate and it is almost done, but there is one property left to sell. I should get upwards of $50k once it sells. I'm miserable in my marriage, have been for a while, but my spouse keeps saying that if we get divorced now that the process has already started, they would be entitled to 1/2. I don't know if I really care anymore, but I'm curious if that's true. We have been married for 12 years, in Texas, as is the estate, no pre-nups and no one has cheated (to my knowledge)

Answer: Good news. Anything you receive through inheritance is separate property unless you commingle it with marital property. So even if the divorce hasn't started, keep your inheritance totally separate and it will remain yours. Consult a family attorney about the best way to do this.


Title: Doctor's office ordered expensive STI testing without my consent during routine wellness exam

Question:
I live in NY and had an insurance plan that I found through the NY State of Health exchange, if that makes any difference.

I had recently switched insurance, so I decided to make use of my annual wellness visit, which I thought would be covered be insurance. Anyway, a few weeks later I get a $350 bill from the lab. Apparently the doctor ordered every STI test available, most of which were not completely covered by insurance. I was not informed of this, nor did I ever consent to it. I did not go in with a genital/sexual problem. I made no mention of such a problem or history of one to the doctor. I have been married for 5 years and monogamous for 9. I have been tested for STIs since then for immigration purposes, and would definitely have declined the testing had I been informed of it.

I realize that this is not the fault of the lab, but I would like to know about the legality of performing a battery of STI (including HIV, all hepatitis, syphilis, chlamydia, etc.) tests on a someone without their knowledge or consent. BTW I am not pregnant or seeking to become pregnant, I am 31 and otherwise healthy. This was a routine wellness exam.

I might add that the doctors office was incredibly shady. They appear to make the majority of their money from cosmetic procedures and weight-loss pills. Yes, this was the office my insurance company sent me to. The front desk staff were adamant that wellness visits were *never* free to the insured and insisted that you would always have to pay an additional $100+ fee any time you enter a room with a doctor. They also billed me for "medical care" to receive my 100% normal results in person since they refuse to do it over the phone. I spent 45 minutes waiting to see a doctor for 10, who basically said "you're fine." Billed $100, not covered by insurance at all since it was considered "additional care" and not part of the wellness visit.

My main concern is the STI testing. I feel violated and taken advantage of. Is there anyting I can do?

Answer:
 Who's billing you? The lab directly, or the doctor's office?

If it's the lab, you can refuse to pay the bill and litigate against the lab. Or, you can pay the bill and sue the doctor's office. If it's the doctor's office, you can refuse to pay the bill and defend yourself from their collection attempts.

The doctor's office cannot bill you for services rendered without your request. Answer #2: This may be a little obvious, but have you called the lab? Since you never consented to any STI test, maybe there is a billing mix up?


Title: Hiring Illegals (Mexican) Legally?

Question:
There is a Mexican citizen that is in the country on a 90 day tourist visa.  He is an outstanding worker and I would like to offer him a full-time farm and ranch position in Nebraska.  How can I get this accomplished?

To complicate things he has a family and children in Mexico he would like to bring.

Most employers I speak with just pay under the table and don't ask questions.  If I were to go this route what is the best way to protect the business (we are a small operation)?

Answer: Congratulations, you've already been a party to a violation of federal law, as he is not allowed to work while on a tourist visa!Answer #2: As you recognize, the legality of this is questionable. It would not be ethical for us to help you skirt immigration law, and you would not want to rely on the advice of random Redditors to avoid paying large fines anyway.


Title: A question about citizenship, visas, and college

Question:
Hey this is my first time on this sub but I'm kinda in an interesting place

My names Blake and I'm an 18 year old Australian living in America under an E3b visa. The visa is a work visa provided by my dad and because of that I'm basically linked to him if I want to stay in America

Here's my issue right now. I want to pursue an education and go to college like any kid, I was already accepted to my top school and have wanted to go there and expected to but my parents want me to instead go straight to work and move back to Australia

Personally I really don't want to take this route since I would rather peruse an education. The here the issues arise

What real options do I have. Under my visa I know that if my parents wanted to I would be cut off and forced to move back. I know this is a Hail Mary to see if anyone has any experience with these kind of visas but how do these really work and all. Would it be possible to transfer to a new one myself some how

Second would be student loans. I'm fine with taking them but I was told there was no way to get them anyway with my citizenship. I don't even have a bank account right now. Does anyone know how banking under a visa would work

Personally I get that most people will see this as some immature teen going against his parents. But I really just want to pursue an education and go to college rather than just straight into work in a country I dont really want to go back to. I know this is lighter than most stuff but if anyone knows anything would love any help

Thanks
Blake Wells
Topic:
Immigration

Answer:
 No, we see a very young adult, but an adult nonetheless who is free to make their own way in the world.

Talk to your school's admissions department. They've almost certainly dealt with international students who need to get a student visa on short notice before, and they should be able to point you in the right direction. They can also help you navigate financial aid and scholarships you might qualify for.

Do keep in mind that these departments tend to be overworked and understaffed, so expect to do a fair bit of the legwork yourself. Asking here is a good start; other posters will likely have some suggestions for you. The more you can help your school help you, the easier a time you'll have.


Title: Restaurant Owners Taking Tips

Question: I work for a fine dining restaurant in Pennsylvania. The servers all make $3.00 an hour plus tips. When there is an event (wedding, shower, wake, party, buffet, ect.) We get paid $15.00 hourly flat with no tips, which might not seem that bad at first. Most of the time the checks for these events are about $1500.00 and the owner charges an automatic gratuity of 20% which in this case would be $300.00. On average two servers work these events and make about $45.00 - $60.00 each for three to four hours of work. Is it illegal for the owner to pocket the additional gratuity that they are not paying the servers when the customer paying assumes it is going to the servers that took care of them?

Answer: Pretty sure that "automatic gratuity" line items on a bill are **not** legally tips (in the labor law sense), actually.  They're a service charge that the restaurant is allowed to do with what it will.


Title: Lost in Estate Problems. Any advice is welcome.

Question:
After the automod response I will list my current location but would I possibly be allowed to remove it soon. Borderlines are notorious for stalking those who do not provide them with the attention I see and I've had to change my number and move since her death last summer.

My mother killed herself 6 weeks after her father died (with whom I was estranged). She was severely mentally ill and also had been diagnosed with Borderline Personality Disorder as well as her sister, who is now the executrix to my grandfathers estate.

My mother was destitute when she died. She lived in public housing, spent all her liquid money on drugs and alcohol and without trying to sound overly dramamtic.... she turned the entire family against me after I realized it was either going to be me or her. (See Raise by Narcissists for more info.)

My aunts lawyer has sent me a package with an offer of much lower than I feel I should receive given that the house alone is insured for three times as much as the appraisal showed. My grandfather possessed two vehicles and this is the most odd of the entire conundrum: I found documents in my mothers belongings that state she titled her vehicle to my aunt the day before she killed herself. Before I continue please let me emphasize that this is not about the money. These two women have been so mentally disturbed their entire lives that their own mother, my grandmother, warned me the day she learned that she had fatal small cell carcinoma to never trust her daughters. She then proceeded to tell me a story of how many times my aunt had tried to harm me, and had faked a pregnancy just to steal the attention from an unborn child. I don't say these things for sympathy. I'm no contact with anyone, I am just hoping that this will give some sort of inside as to why this decision is so difficult.

Of note, the appraisal did not include the possessions. My grandparents were very involved in high value antiques. These items were typically involved in storage and that storage facility was not examined by the appraiser.

In addition, my grandfather ran a word working business. If you are unaware of the value of such items. This was no "doctors bag" size of a couple of hammers and wrenches. An entire building adjacent to the barn where they kept their vehicles housed table saw(s), a planer, a lathe, collections of antique tools in excellent condition. This isn't even including the Craftsman tool chests (before the quality started slipping a bit) and the hundreds of handtools.

At this time my attorney has told me I'm limited to two options:
to accept this settlement (which will barely cover my mothers gravestone) or to sue my aunt.

I have spoken to my therapist who thinks I should fight. I've spoken to my husband who also thinks I should fight as well as my bestfriends. But what kills me in this is that they arent' the ones facing a two faced manipulative borderline person that screamed at me like I was the devil while I planned my own mothers funeral.

Realistically I believe I can come away with twice the current offer. I possess all of the family photographs and slides (they were teenagers in the 70's) and I know my aunt wants them. More than anything I know she wants the house my grandparents lived in. But considering how well my borderline mother convinced people who I'd never even met of what a monster I am/was, which included hateful emails and letters I could never in a million years believe someone would send even in fiction to the grieving daughter with an absent father.

I apologize for rambling. I have a week to think this over and I've been agoraphobic since my mothers suicide. I hope to God they don't find this. I apologize for any and all typoes at it's 5am and I have been a wreck since Saturday. Much thanks.

sorry I didn't even spell this username right... its just a mess

Answer:
 To summarize: you feel the executrix of your mother's estate may be offering you much less than it is really worth. Some trusted sources have advised you to press a legal claim but you are concerned about the difficulties of ANY interaction with this executrix because of her personalty.

If that summary is correct then I can offer you one piece of advice. One service that lawyers can offer is an arms-length transaction. In other words the lawyer conduct all (or nearly all) of the interaction for you.Answer #2: >(See Raise by Narcissists for more info.)

Sorry but I would delete this sentence we generally don't like that sub. (since it might as well be called please validate me and say that I'm the victim in any and all situations even if it is clearly me that is wrong)

However you have to make your own decision do you want to have a battle with your aunt (for which you can hire a probate lawyer) or do you just want to walk awy from it with what was offered to you (you could of course make a counter offer).  This is the only thing we can say since you didn't post a question.


Title: Oklahoma --- Employer has failed to deposit 401k contributions (both match and employee deferrals) for nearly 6+ months.

Question:
This is pertaining to my wife.

She worked for a dentist in Oklahoma for the past 7 years. I say worked because they recently 'filled' her spot while she was on maternity leave (which is another matter I'm peeved about) and let her know at the Christmas party that she no longer worked there.

Upon finding out she no longer has a position to come back to, I went ahead and had her pull up her 401k so we could review her options for rolling it over. I noticed immediately that the amount in her 401k seemed off due to her income and began tracing the deposits. I printed out every paycheck since she started the 401k last September and printed out her entire 401k deposit activity. I counted at least 6 months worth of deposits which were withheld from her paychecks and have not been deposited into her account. Along with those, they have not deposited the employer match (the plan calls for a 3% match, which is exactly what she was contributing as well).

I'm obviously upset at myself for not taking the time to review her 401k in detail since I'm so anal about mine, but her job has basically been optional since we've been married, so I just didn't worry about it.

That being said, what are our options here? We've already contacted the office manager who claimed to "know about the issue" and that she "would 'take care of it'" and also that my wife wasn't the only person affected.

Should we contact a lawyer or file a complaint with the DOL? My understanding is that the practice only has 7 days to get the money into her account once it has been deferred from her pay.

Thanks in advance for your help, and I will certainly answer any questions about details I may have overlooked.

Answer:
 Advice for the 401k:

Continue contact with the office manager and make sure the employer takes all required steps to remedy the situation. The employer should've made the deposits in a timely matter, which should've been a matter of days. The fact that 6 months worth was withheld is a very big red flag - errors like this have a significant chance of stemming from more deep seated problems within the organization, and may cause the office manager to be churlish in an attempt to save effort or hide an (in)ability to pay. Do not let up on them.

What the employer has to do for your wife:

1. Deposit all funds (contributions and match) within a reasonable amount of time (7 days).
2. Deposit missed earnings from interest. This is mandatory, and you can get the IRS involved if they fail to perform this. Follow up via the process outlined by the IRS for employers to self correct to ensure the numbers are correct: [EPCRS](https://www.irs.gov/retirement-plans/epcrs-overview)

The employer then has some more paperwork to file with the IRS and  Department of Labour (DOL), and can face extra taxes for making this error, but nothing that should concern you or your wife.

You can follow up with the DOL if they fail to make amends within the week. Contact the Employee Benefits Security Agency at www.dol.gov or 866-444-3272. If you are particularly magnanimous, you can also check with your wife's co workers to make sure people aren't being stiffed.

Edited in correct EBSA DOL number


Title: [CA] Parent dies. Parent's debt is transferred to only child. Less than a week after death, Parent's property (hundreds of miles away) was burglarized but police won't take a police report because child is not the owner nor is related to the name on the property? But wait, there's more!

Question:
I have a family friend who currently living this this nightmare.

A couple years ago, my friend's father married a woman who owned her own home in Northern California.  6 months ago, the wife died (leaving the father in the home that she owned). She had no other children or relatives. Two weeks ago, my friend's father passed away (with many thousand dollars worth of debt). Less than a week ago the (now unoccupied) house was burglarized: multiple safes were broken into and many/most valuables in the house were stolen.

My friend tried to submit a police report in the city the house resides in but was told that they would not accept it because the son is not the owner (on paper).  The house was still in the deceased wife's name and the husband wasn't listed on the deed.

How does the son (1) take possession legally of the house and (2) submit a police report of the stolen items from the house?

Answer: Debt is not passed down after death; it will be paid out of the estate. Anything left over will go to your friend. Your friend needs a probate attorney where the house is located. And call the police and report it


Title: [Meta] I categorized all posts from the past 5 days and graphed them by category, here are the results

Question:
[Here is the end result graph](http://imgur.com/tvRE5HI)

**EDITED CAVEAT**: I didn't grab all the posts in the post 5 days, it seems. I paged through the 'new' category with RES and never-ending reddit enabled, and it skipped a bunch. Just now if I scrolled through the new categories again, and I get 800 posts. When I was making my graph I only saw 485. Now, assuming the ones I missed are randomly distributed it should be okay, but who knows what they are. So this is definitely non-scientific, but probably a good rough idea for the current timeframe. (I also didn't get any deleted posts as I did this as a retrospective analysis.)

I was bored, and distracted, so the categorization is admittedly somewhat arbitrary. I'm sure I misclassified some, and changed my mind about what goes where midway through, and other things to make it patently non-scientific.

Here are some notes of what I considered to be in each category (more or less):

* **Apartments and Houses**: Most things to do with owning or renting went here. Includes issues as a tenant or landlord, habitability, eviction, neighbor disputes, roommate disputes, HOAs, security deposits, and dorm issues. About the only thing not here is foreclosure issues, which goes in the next category...
* **Consumer Law & Finance**: To do with buying and selling stuff, or money: credit and debit, loans, debt, consumer lawsuits, eBay disputes, refunds, bankruptcy, taxes, foreclosure. Big exceptions are things related to medical debt or hospital bills (which are in the *Health Industry* category) or rent and security deposit disputes (which are in the *Apartment and Houses* category)
* **Traffic & Motor Vehicles**: A sloppy category with much to do with cars: traffic tickets, car accidents and the aftermath thereof, licenses, car insurance, registration. Not car financing, which is in the *Consumer Law & Finance* category. Not DUIs, which are in the *Drugs and Alcohol* category.
* **Labor Law**: Most things having to do with employment I put in here: being paid (or sometimes not being paid), overtime, employment classification, getting hired or fired, and much of workplace going-ons that aren't covered in another category. Notable exceptions are workman's comp and disability (which is in the *Health Industry* category) and non-competes (which are in the *Contracts and Such* category)
* **Contracts and Such**: Many contract-related issues, with the exception of leases (which are in the *Apartments and Houses* category) go here. This includes contracts, T&Cs, legal documents, lemon laws, POAs, prenups, those infamous fitness center contracts people are always wanting to get out of early, and general question of the 'how do I make a legal document to do such-and-such?' and 'what does this legal document or law even mean???' variety
* **Other / None of the Above** Things that either didn't fit, or I was too lazy to read and classify, or overlooked, ended up here. There's some stuff about pets, and non-automobile liability, and raffle/lottery questions, and school-related issues. Also there's questions about owning private nuclear reactors and transporting dead alligators and other odds and ends.
* **Family & Relationships**: A somewhat sloppy category here that encompasses a lot: getting married, getting divorced, some of the aftermath of being divorced, custody disputes, problems with exes, and issues between parents and kids and other relatives.
* **Violent Crimes**: Assault, murder, rape, child abuse, molestation, domestic violence, harassment (online or in person), stalking. Also threats and accusations thereof.
* **Stealing and the Like**: Stealing tangibles or intangibles (like credit card numbers), shoplifting, false charging, unclaimed property, embezzlement, scams, and general "I gave this person something and now they won't give it back!" civil issues. I also tossed in B&E and vandalism here just 'cause.
* **Drugs and Alcohol**: DUI/DWI/OWI/etc., possession of drugs or paraphernalia, public intoxication, Minor in Possession, underaged drinking, open container, etc.
* **Health Industry**: Anything to do with hospital billing, health insurance, ACA, malpractice, disability, medicaid/medicare, or HIPAA got tossed in here, assuming I noticed it.
* **Immigration and Similar**: Questions about immigration, visas, and citizenship.
* **Intellectual Property**: General IP, trademark, copyright, patent, and fair use questions.
* **Defamation**: Defaming people online or elsewhere, nude pictures, revenge porn, and even mug shot sites
* **Wills and Estate**: To do with what happens after someone dies, or when people are thinking about what might happen after they die and planning for it.

I need a better hobby.

**Edited** to fix a typo or two I noticed. I left in the ones I didn't.

**Further edited to note:** For the curious, this ended up being 485 posts. Nearly 100 posts a day, wowsers!

Answer:
 I started a similar project in which the percent of replies to legitimate questions were answered with solutions that requires time travel - go back and get renters insurance; don't take jobs that pay under table, don't have spoken to the police; don't sing a lease in a pet free apartment and get a pet and so on.

I appreciate very much that these answers are intended to help the next reader and I believe hundreds if not thousands of renter policies have likely been purchased via advice given here.

But the three or four posters who answer many questions like this I felt were insulting and not actually answering the question as to what to do: usually "call a lawyer and hope for the best."

It was a decent percent. But this is still my favorite sub and I feel despite the sarcasm that runs through I feel this is one of the most helpful subreddit on the entire site.

Thanks for your work!! It's quite interesting and something I've wondered myself. Answer #2: This is interesting!  Thanks.


Title: Have been paying rent for a 2 Bathroom apartment for 7 months yet 1 of the bathrooms has been completely unusable for the past 5 months. What are our rights? Can we pay less rent?

Question:
Have 2 roommates, so 3 people living in this apartment. The owner bought the place off of a guy who renovated it right before we moved in.

Well the previous owner did the one bathroom wrong and mold began forming under the shower tiles due to improper tiling.

Since then, our current landlord cleared all the mold by ripping out the shower/toilet, making it unusable. But it's been FIVE MONTHS and the bathroom still isn't usable. He comes in one day a week and does a few little repairs himself.

The lease doesn't say anything explicitly about paying less rent if parts of the apartment are unavailable, and I don't see anything about withholding rent for damages in any Pennsylvania renters documents.

So what are our rights here? We've been paying rent for a 2 bathroom apartment but it has only been 1....

Answer: Why aren't they fixing your bathroom?


Title: Turkish Rug Smuggling

Question:
So I’m going to preface this by saying I’m not going to do it but I’m just curious if anyone can shed some light on this strange situation. I also recognize that this probably doesn’t constitute smuggling but how could I pass up a title like that?
On my recent trip to Montenegro, my Turkish air bnb host propositioned me to bring rugs back to USA with me. He said that it is legal for an American to bring in three Turkish rugs a year. I would pay the tax on all three rugs and he would then send one to my address and two to his warehouse in Texas. He said then that after six months he could legally buy the rugs back and he would pay twice the amount of tax I payed. So basically I would double my money. The tax for one of his rugs could be upwards of $5000, so we’re talking about a decent chunk of money here. Just wondering if this is illegal and/or how illegal it is. Just to reiterate I AM NOT GOING TO DO THIS. I literally don’t even have enough money to pay the tax on one Turkish rug but it was just a strange situation and I’m curious if anyone has any knowledge about something like this.

Answer: It's blatantly illegal. He's trying to subvert tariffs. You are not allowed to bring those rugs back into the US for commercial usage, only personal. Answer #2: in addition to being tariff dodging, It could be a scam, he sells you the rugs then later says he doesn't want to buy them back or something like that.


Title: I was put on tv show LIVEPD and humiliated on tv for something I was INNOCENT of. Can I sue police department or network?

Question: [removed]

Answer:
 > Do I have a case?

You do not.  You were in public and filmed in public.  You have no reasonable right to privacy in such a situation.

As is, you are not innocent of DUI just because you blew a .02, nor can you "not be held" because you blew a .02.  Answer #2: No case. Humiliation is not actionable. Speak to your police ombudsman or to your alderman about whether it's appropriate to broadcast routine traffic stops on live TV, instead. Answer #3: Did you sign a release to allow them to air the footage of your stop?


Title: Trying to relinquish my child support order in exchange, the father signs over his paternal rights. Is this possible? (FL)

Question: I have a horrible relationship with the father of my child. He was abusive and just an overall douchebag, he was actually sent to jail in June 2014 by his current gf/fiancé/wife, who dropped the charges when he proposed. I’m terrified he will hurt my daughter. He hasn’t passed me child support in a year nor has he tried to see my daughter. I couldn’t afford a lawyer to take him back to court and honestly if it gets him from staying away that’s fine by me. It was a struggle at first but once I picked up 15 hours at work, it has been bliss and manageable, also my parents help out a lot. However the state of Florida has taken steps to enforce child support: Denial of passport, intercepting any income tax refunds if he files, suspension of driver’s license, reported to the credit agencies, next is contempt of court. He really cares about his driver’s license, so it’s brought him back in our lives. I saw him  on May 20th where we went in front of a magistrate and he tried to appeal his driver’s license. He said he can’t work without a license, hence no money. So the magistrate said if he’s truly serious about supporting my child and being back in her life, he will pay me 1500 (includes 1 month of child support + 1000 in arrears) by June 16th and then it will be reinstated. He still hasn't seen my daughter but has already hinted at me not getting a dime and how all I care about is money. I told him all I want is him out of my life, and that I’ve asked him various times to leave us alone and I’ll drop child support enforcement. For the first time ever, he replied okay. So right now, he is willing to sign over all rights to my daughter and in return, I drop all child support enforcement and deny that he owes me 7k in child support. Is this possible?

Answer:
 >he was actually sent to jail in June 2014 by his current gf/fiancé/wife, who dropped the charges when he proposed.

That's not how things work. Victims cannot drop charges.

>For the first time ever, he replied okay. So right now, he is willing to sign over all rights to my daughter and in return, I drop all child support enforcement and deny that he owes me 7k in child support. Is this possible?

Do you have a husband who is willing to adopt the child?
If not, it will be difficult for him to voluntarily terminate his parental rights.

You can have the arrears removed if you want, unless you were on public assistance, and the money he owes is to pay that back.


Title: Can I buy a name brand product, repackage it, and sell it?

Question: [deleted]

Answer: no, and companies that find out (and trust me, they always do) will dismember you hardcore legally, thatyou wont have 2 cents to rub together.


Title: My dad is kicking me out and told me to take my stuff and he wants to keep the car he bought for me

Question: North Carolina, USA - Obviously there isn't a lot I can do in terms of him owning the car but my grandad has paid over 5k dollars for him to even keep the car(its been repoed once and he had to pay 2000 dollars to get it back and I crashed it once and no other vehicle was involved so my grandad also paid for the repairs and that was 3500 dollars) he also drove my 15k dollar four wheeler or quad to some of you into the ground and its practically worthless now. I have drove it since 2014 and hes the only one that takes it to the ATV park. The quad is in my name. I'm just wondering what I can do about all this because its essentially 15000 dollars that I'm being screwed out of. I have tried to see if he would sign the car loan over to me in exchange for the quad but he has refused that. What should my next actions be?

Answer: Move out and start your own independent life.


Title: (Illinois) Insurance not covering a hospital stay for a heart attack.

Question:
My mom recently went to the hospital for severe chest pain and had a heart attack in the ER the hospital was in Indiana we live in Illinois. She had to stay a week there until the doctor released her since it was a severe heart attack. She has the Obama care coverage here in Illinois i think its blue cross or something the silver package. She got a letter after fighting to get the bills covered saying the final review is done and they wont cover what they should.

From my understanding they cover all but the deductible. But because the hospital she went to isn't in her network they wont pay. It was the nearest hospital and she had no choice what hospital to drive to she needed help ASAP. What can we do about this? Is there someone we can write we cant afford a lawyer. We have talked to the hospital administration and the insurance and no one will help her. Thank you for taking the time to read this.

Answer:
 > She got a letter after fighting to get the bills covered saying the final review is done and they wont cover what they should.

WHY won't the cover it? What is the specific reason for the denial?


Title: Using your phone to record video in Wal-Mart or (more specifically) H-E-B (Austin, TX)

Question:
There was an incident with a customer that led to some /r/PublicFreakout but upon trying to capture it with my phone, billygoat badass security guard swiped at me to put my phone away and threatened to kick me out.

Would I be in the right to tell him to "fuck off" so-to-speak? And keep filming?

I would believe that I can do whatever with my phone, whenever as long as it isn't in a bathroom or changing room.

Would love some clarity on this.
Topic:
Other Civil Matters

Answer:
 There is no expectation of privacy in a Walmart so you are legally allowed to film

Walmart is however private property so they are legally allowed to kick you out for trying


Title: Fiance bought a fraud ring

Question: This is kind of long but, my fiance bought a ring from a kiosk in the mall, it was called something like Brilliance Diamondz. There was also a small store with the same name. We spent more than 600 dollars but had gotten it on sale. When he purchased the ring they had given him the wrong size, and he was told the only way to return and get the right size was to send it through the mail to the "corporate office. It took way longer than it should have for them to receive the ring after we sent it (almost 2 weeks) and took them more than two more weeks to " process" the ring as they told us. Eventually we just told them we wanted our money back and would go somewhere else. So it took about 2 more weeks to recieve the check. When we finally got it in the mail we were more than happy but didn't worry about cashing it for a while. When we went to the bank that was on the check we were told we had to make an account since it was a personal check which would take up to 10 days to process. When my fiance went to pick up the cash and close the account because we didn't need one at that bank, there were police waiting and he was put in handcuffs for fraud. Turns out the place he bought the ring (both the kisok and store) up and dissapeared and the number was disconnected. Its been almost a month since the police put him in handcuffs and he explained what happened. At first, they told us it would be resolved in a week, and now for two weeks theyve been saying they'll either meet with my fiancé and his lawyer and my fiances work or they will send information through his email. So fat neither has happened and we are at a loss of what to do. We have never been through anything like this and just want our money back and the police aren't helping. Sorry for the long story and I'm not sure if this is the right place to post it.

Answer: Was he arrested/charged with a crime? It's entirely possible the police realized he was just an unlucky customer and not trying to break any laws.


Title: Uber driver filing a claim against me (Boston, MA)

Question:
So my friend ordered an Uber (on her own account) for me after a party in Boston. I opened the window to throw up outside and some of it got in the inside, which I'm obviously really embarrassed and apologized for profusely. The driver was absolutely furious, and after dropping me called my friend and demanded her info/phone number in case we tried to contest the charge. I ended up being charged $218 which seemed really exorbitant, so I (very politely and apologetically) wrote an email to Uber from her phone explaining the situation and asking if there was any possibility of seeing the receipts for cleaning since I was happy to pay but felt the charge seemed pretty extreme. Shortly after submitting this, my friend gets an email from James River Insurance telling her that they cover Uber claims and that one was filed against her--first off, I'm really confused as to why the driver would file this only AFTER I had questioned the charge (was he copied in on this and got angry, or what happened?) and how it works if she isn't the one responsible for any damage since I was the passenger. Finally, what merit does this claim even have--if I pay the cleanup fee, how is it possible that he's submitting another claim against me, since there's no way the damage was so substantial? Any advice would be greatly appreciated, I feel a little threatened by this driver but also don't want to pay a ton of money just because he is angry that this happened.

Edit: the insurance claim is for $500+. The issue is NOT the cleaning fee which i said i would pay, it's the additional money for something that is covered by the cleaning fee as is. The driver submitted a photo of my "vomit" which is 90% rainwater from the outside, and is using this as proof.

Answer:
 $218 for a cleaning isn't unreasonable, especially if it's something awful smelling (like vomit).

>I'm really confused as to why the driver would file this only AFTER I had contested the charge

Doesn't matter, the driver probably just took a day or two (or three, or whatever) to figure out the process.

>she isn't the one responsible for any damage since I was the passenger

If she booked the Uber, she's responsible. It's in her user agreement.

>if I pay the cleanup fee, how is it possible that he's submitting another claim against me

Let the insurance company know that you already paid. Ask what they're coming after you for. Ask for receipts, detailed invoices, and paperwork supporting their claim.

What did the insurance agent say? Did they demand payment? Or were they just advising her that a claim had been filed?

What was the $218 for?Answer #2: Most likely the damages to clean it was more expensive than the amount Uber was going to give to the driver.  If it got inside of the door, under the carpet, ect that can be very expensive clean job.  He filed an insurance claim for loss of buisness, the cleaning, and whatever damages where done when you did that.  Answer #3: The uber cleaning fee is like a flat $250. I'm pretty sure it's in the contract...

And a full detail ain't cheap. It's not a couple swipes with a shop vac


Title: (Update) I wrote a computer program on my work computer while on company time that saves me hours of work every day.

Question:
A few months ago I wrote a post asking for some advice on a computer program I wrote on company time. [Here is the original post for reference](https://www.reddit.com/r/legaladvice/comments/3jv7la/i_wrote_a_computer_program_on_my_work_computer/). This SubReddit was more then inviting and EXTREMELY helpful, so i thought Id give a little back story and update everyone.

TL;DR: Today I accepted a promotion a work because of a computer program I wrote on company time. Thank you to everyone who helped in the first thread.

First off, I am a night auditor at a local hotel. I started writing this program because my co-worker got fired, and I was working 7 days a week for 2 months. I was so bored with doing my job that I decided to make my computer do it for me. When all was said and done V 1.0 Took 4.5 hours of human work and turned it into 22 minutes of computer work, and I have been using it every night without error for about 3 months now. V 2.0 is on it's way.

Some of the advice I recieved was to be careful who I showed the program to because if the wrong person didn't understand what I did and claimed I "hacked" their system, and I could be in some big trouble. I ended up only showing two people, and it turned out to be the right two people. They both were managers from other properties who started talking me up at some big manager meeting. Tonight my manager approached me asking to see the program. After showing him everything I have done he said, and I quote "I support you doing this 100%". It is such a weight lifted off my chest to not have to worry about my managers finding out anymore!

The more important part about the update is the second person I showed this program to was a manager at a resort in town. He spoke to the people above him (again talking me up), and as of today I accepted a promotion, title change, and pay raise. All do to me getting bored at work! I don't need any more advice legally speaking. All my questions were answered in the original post. I just wanted to update this most amazing thread on how they helped me get a promotion.

THANK YOU ALL.

Here's the update /u/doctoraloha
Topic:
Intellectual Property

Answer:
 Is the resort owned by the same company? (It sounds like it is, but I wanted to check) You need to still be careful about taking something you developed for one company to another employer, since the original company has a claim of ownership. Answer #2: Can you elaborate on what the program does?Answer #3: Oh, it's so nice to see employees being rewarded for being innovative!

Though, it's kind of sad that we default to employers punishing this kind of activity and thinking. I'm so happy this worked out for you, OP!Answer #4: That's fantastic. What a great update! Best of luck in your new position!Answer #5: Thank you for update kind stranger. I lurk this subreddit and there is a big shortage of updates :)


Title: I don't have anyone willing to take over power of attorney for me in my life, but I KNOW I don't want my parents making medical decisions for me. Is there a way to arrange this? (MO)

Question:
It's just frustrating that if I am incapacitated in some sense, that the power of attorney automatically falls to my estranged family, who would elect to keep blood from me, even if it meant me dying.

I don't have people willing to take over full POA however. They don't want to make financial decisions for me. What do I do? Is there a way I can file legally binding documents with local hospitals that take my parents' say out of the equation?

Answer:
 Your state publishes an [impressively comprehensive guide](https://ago.mo.gov/docs/default-source/publications/lifechoices.pdf) on the subject. Creating advance directives and designating someone to make medical decisions in your absence will help a lot, even if your only goal is to bar someone from making decisions for you.Answer #2: > I don't have people willing to take over full POA however. They don't want to make financial decisions for me.

A person can have medical POA without financial, in most cases.Answer #3: Have you actually asked your friends and they've all said no?Answer #4: There are professional companies you can hire to do just this. If you reach out to an elder care attorney (since old people with estranged children or no relatives are the most common users) they should be able to refer you. You can typically hire them, have an intake meeting where you go over your health wishes in every conceivable scenerio, and then do the paperwork to declare them your POA. Billing varies from an annual fee, to hourly billing only when they actually are in a scenario where they need to act as your POA. It is generally very cost effective since their customer base is often elderly people with limited resources.


Title: MIP Charge - $605!?!?

Question:
This didn't actually happen to me, but rather, a group of my friends (in the state of Georgia). My friends were riding with a girl (sober), and there wasn't enough room in the car for everybody, so 4 people were riding in the back seat (as well as one in the trunk, but he was not found by police so that's kind of irrelevant to the story). Anyway, they were pulled over because the officer "saw 4 heads in the back seat". Officer asks a few questions and then asks for one or two of the kids in the back to step out of the vehicle; kids step out, one stumbles, officer assumes everyone is drunk. No breathalyzer tests were done and no alcohol was confiscated. The officer relied purely on the fact that one kid stumbled (and actually told one of my other friends that he was drunk because "his eyes wouldn't dilate"), and then he preceded to give all of my friends $605 MIP tickets. What do I tell my friends to do? Is this something they should pursue in court or should they just pay the fine?
Topic:
Alcohol Related Other than DUI

Answer: Had they been drinking? How old are they?


Title: [TX] Victim of fake check fraud

Question:
I will keep things kind of vague and ambiguous (because I am legitimately paranoid and have lost all trust in humanity), but it should all still make sense. I won't lie and say I wasn't suspicious from the start, but I consider myself an extremely intelligent person who rarely falls prey to tactics. I've been on a streak of goodwill, being a good, conscious person and really had a lot of trust in people subconsciously, I guess. This would end up biting me in the ass, very, very hard.

Rewind back about a month. I was unemployed for about two years and finally received what was seemingly a great job opportunity through Indeed. Everything about the process seemed legit, I talked to a guy(never met him, just exchanged emails saying I was hired and I took the bait, seeing as I was quite excited to finally be employed). It was a very well set up and elaborate trick, I'll have to admit. They covered every single detail and it's part of the reason why I fell for it, using legitimate, existing nonprofit organizations and even the identity of the COO of the organization to make it seem like a good partnership.

He basically walked me through the process where he mailed me a large fake check for several thousand dollars and was told to deposit it in my account(it definitely looked real to me). I was told he was in another country and couldn't take care of stuff, hence had me do this transaction for him. Sure enough, the next day the funds were withdraw-able and I followed his instructions to a T, ready to please my new employer. When they were withdraw-able, I immediately sent out the funds to another account as he asked. This was for several thousand dollars, a huge chunk that will leave me in pieces for quite awhile.

Only a month later(today) did I find out my mistake when I got a physical mail from my bank that the check had been bounced. Did some research online and it seems like most people who have suffered this same mistake are not able to somehow retrieve their funds. I am now hitting myself because how stupid I am for not realizing this is a really common scam and why I didn't just google whether such a thing was legit or not, there's hundreds of people who have reported being victimized by this. I'm really depressed about this and I know I fucked up really bad and it's my fault, but is there anything I can do to still salvage my situation? Any words of advices, support, any steps I need to take to cover myself from further trouble? Sigh...

Thanks /r/legaladvice, you guys are great

Answer: the money is long gone, there is no way to recoup your losses.


Title: (Virginia) I was tricked into agreeing to testify as a witness against a friend in court tomorrow, how can I avoid this?

Question: When a friend and I were expelled the school cop told me ( I was a minor then) with no parent or lawyer present that if I testified against the friend I got expelled with he'd only give my 6 months probation and if I didn't he'd make sure to make it hard for me. I met with my new probation officer who put me on 3 months diversion and the school cop had no involvement in the matter. Later I got letters on my door summoning me and my parents to court as witnesses. What can I do? I feel that I'm not obligated to testify, can I plead the fifth? That's what someone told me but I really need help because this isn't fair.

Answer:
 >I feel that I'm not obligated to testify

You are obligated to testify.  That's what a subpoena, or court summons, is.

>can I plead the fifth?

Only if answering would place you in the position of confessing your own role in a crime you haven't already been prosecuted and sentenced for.Answer #2: It is a court *order* not a request. You legally have to go.


Title: [FL] Dealership advertised a price but when I called and was ready to book a plane ticket told me it was a downpayment. It was listed on their website as MSRP - Discount = Price. Am I entitled to that price?

Question: [deleted]

Answer: So your idea is there is a sale where you can get something that is 40k for 4k? Methinks this is a clear error and errors need not be honored.


Title: [Texas] Bank activated features on my account that I did not consent to.

Question: I worked for a bank in Texas for a while. Let's call them ShittyBank of Lubbock Texas just to protect their precious privacy. Part of working there was that I had my bank account sectioned off from non-employee bank accounts for privacy reasons. The bank required me to have an account with them to get paid (or so they told me). Begrudgingly I abided and set up an account with them. While we were setting up my account I made TRIPLE sure that I did not consent to overdraft charge features on my account. They're a scam and everyone knows it. I was assured that this was no problem. I even tested this several times. Sure enough, my account was unable to be overdrawn with a debit card. Not so bad... When I left the bank to go back to college they must have re-created my account in the non-employee section of the bank accounts. The reason I suspect this is because one day.... and here's where the story get's a little convoluted.... One day I was in the town where I went to college and wanted to eat something for lunch. All I had in my posession was a paycheck. I, remembering that I still had an account with ShittyBank, decided to stop by and get my check cashed. They said they would not cash my check because I hadn't had any recent activity on my account. I said "That's OK, just deposit that money and give me a little cash to go eat on". At this point it was just a matter of spending that money back down to near zero and I would be OK. Bear in mind that while I was going to college I was making less than $1000 a month and lived by myself... I had very very little money to spend. When the time came that I knew I had a low amount of money in my bank account, I tried to log into their online banking app to see exactly how much. By the luck of the draw, their online banking system was actually down for maintenance or something. I said to myself "well, I can't overdraw the account, so I'll just keep making small transactions until they are declined. After a few small transactions (soda machines on college campus) and a few days later, I decided to try the online banking application to check my balance again. I was overdrawn by $350. They had charged me $25 each time I bought a $1 soda. I attempted to contact the bank and express my concerns. After all, I have NEVER had an account with overdraft features turned on in my life. I made sure of it EVERY time I opened a bank account just for this reason. After calling and calling, all I would get is put on hold for 20 minutes and eventually hung up on. So now I have this charge held against me and I have moved over 1200 miles away. I cannot open a bank account anywhere now because of this and they still refuse to even talk to me about it. Can I take legal action. I know for a FACT that I never signed to give them consent for this "banking feature". I think they turned it on in error. Can I legally require them to produce the paperwork to prove this?

Answer:
 Per CFPB regulations, your bank cannot charge overdraft fees on debit card transactions unless you "opt in" to overdraft protection.

You will be liable for any amounts you spent in excess of your balance. If your bank can document that you opted into overdraft protection, then you will also be liable for the overdraft charges.

Based on what you wrote, I would suggest you file a complaint with the CFPB [here](https://www.consumerfinance.gov/complaint/).

The rules are different if you are overdrawn because of not-debit card transactions, such as a check, or a returned deposit. Answer #2: Ok - is what the service you are talking about an overdraft link of credit? If so then you would have to explicitly opt into it due to the regulations under the Truth in Lending act. I would keep escalating with the bank and mention this fact. In the meantime file a complaint with the cfpb.


Title: Crazy cat lady, help! [Texas]

Question:
This may be wordy to provide context, any advice appreciated.

TL;DR crazy cat lady feeding cats in front of my house. Can we trap or relocate legally? Can we do anything to make her stop?

I moved into my townhouse in 2009. The town homes are off a busy road and the parking is in a rear alley way. The prior owner/tenet of my home "capped" the automated sprinkler system on half of the property. Because of this, grass does not grow in the rear next to my drive way. An area about 4 feet wide and 10-15 feet back typically has dirt/weeds/sand but no grass.

My neighbor (we share a wall) allowed a woman (Crazy Cat Lady) to come and feed the stray cats in the neighborhood. On my drive way. Because of the no grass, these stray cats have taken to using my property as a litter box. Soon (or maybe they always did) these cats were entering my fenced in yard to use my garden as their litter box. My yard stunk of cat shit.

In 2012, after trying to spray the cats with a water hose every time they were on my property I asked CCL to stop feeding the cats on my property. This caused a giant exchange of words between us, and my (at the time) roommate. CCL insisted the cats have rights and they can enter my property if they wish. Things got heated and CCL tried to hit me with her car. At this time police were called. An officer responded immediately, told CCL she can not enter my property to feed these cats and she needs to stop. CCL began screaming at the officer, officer stressed she has no right to enter my property and she was in the wrong. CCL eventually left, the officer sided with me and suggested we call animal control. Animal control advised me if they pick up the cats I will be charged a fee. CCL stopped feeding the cats on my property, now feeds them about 10 feet away in the neighbors drive way. Cats continue to use my property as litter box. Still stinks. My roommate moved out and my SO moved in. He got tired of the smell, so he dug out the dirt and put pea gravel in to try and keep the cats out. We now have pea gravel coated cat shit.

My neighbor died a few months ago. No one lives in his house currently and my partner and I have asked his sister to tell CCL to stop feeding the cats.

This brings us to today, CCL is still feeding the stray cats. At this point there is a pack of assorted strays hanging around. Because they have an easy/constant food supply there are more and more of them. Some are fixed, most are not. So in addition to the stink, we get serenaded with the howls of cats in heat and males fighting.

Tonight I asked CCL to stop feeding the cats as the neighbor has died and they are still constantly on our property. She refused and called me heartless and inhumane. I've asked her to take the cats to her home if they're such a concern/priority, she called me illogical. I told her if they continue to enter our property we are considering trapping them, she called me a criminal. I told her if she refuses to take them she needs to clean up all the cat shit and she called me crazy. She then told me if the cats disappear she'll file charges against me because it's illegal.

So what can I do? Is it legal to trap and relocate them? Is it harassment to keep asking her to stop? Who is right? CCL insists the cats are protected by the law. Is anyone familiar with these laws? Thanks for your time.

Answer:
 IANAL, but I would call up a local shelter and ask for advice.  Look especially for shelters that manage feral cat colonies.  I'll bet someone there would be happy to discuss how to manage the cat problem.Answer #2: IANAL, this is practical advice about dealing with a pack of feral cats.

A lot of areas have [Trap-neuter-return](http://en.wikipedia.org/wiki/Trap-neuter-return) programs that will come trap the cats, de-sex them, vaccinate (usually) them and return them to their area (in some cases they'll put the friendliest ones up for adoption as pets, further helping the issue). You'll want to see if you have one in your area and get in touch with them about your problem.

While this doesn't solve your immediate problem, it *definitely* helps keep your problem from growing over time. I can't overstate how effective TNR is. Without it, you'll be overrun in a matter of a decade or less and if you plan to stay in your house that long, that's going to be untenable.

Even if you can't get CCL to stop feeding them for some time to come, it will prevent the problem from getting much worse. Google 'my town, my county' trap neuter release (subbing 'my town, my county' for your *actual* town and county) and you may find some resources. If you can't find anything, PM me your town and county and I'll be happy to dig around for you. Generally these services are free to you and are provided by volunteers.

Also there are services that will come out and clean the cat poo from your yard periodically. Yes, this will be cash out of your pocket, but you can weigh 'lack of cat poo in my yard' vs. the cost of getting that done.


Title: IP advice for adapting plots with mature themes for children (US)

Question:
I have been adapting stories from mature movies, books, and games into age appropriate stories for my toddler with very positive responses.  I am considering writing some of my adaptations into books to sell, but want to get a better sense of the relevant IP law.

I think that the work would be transformative in three ways:
* The elimination of violence and heavy modification of conflict would create a fundamentally different story and different characters.
* Their short length would make them similar in many ways to cliff notes, which are legal.
* It would demonstrate that the mature plot can be adapted for small children
* It would target an audience that the IP should have no intent to touch.

On the other hand I would be profiting from it and using other peoples' characters, even if they are dramatically altered.

How would that balance out?  I'm guessing that if this is at all legal I would have to be really serious about the marketing restrictions - R movies and M games might be a good start, but maybe others would be doable?  And how might I identify books that could be adapted?
Topic:
Intellectual Property

Answer: You would be sued into nonexistence. Without a license to do what you're proposing, you might as well skip the book-writing phase and just write the IP-holders checks for violating their copyrights.


Title: Hi, my friend forgot to pay for one item at Walmart and we walked out together and found out later it had never been billed, I don’t feel right about it but my friend shrugged it off, can I just go back and pay for it? What do I do?

Answer:
 Forget about it.

Accidents happen, and there is nothing to gain by going back to the store. It is unlikely they will let you pay for it, and there's a chance they'll be dicks about the whole thing and call the cops after you confess to shoplifting.Answer #2: I read a story about someone who returned to pay for an item like that and got charged with shoplifting. If you really feel bad about it, go buy it again but scan it twice in the self checkout. So you pay for two but get one.


Title: I'm being kicked out. My brother insists I have until Friday I thought I had to be given 30 days

Question:
I live in Maryland. I've been living in my mother's toxic horribly abusive house. She's done everything she can to sabotage my life and me getting my independence.
Today we got into a fight and she hauled off and hit me in the mouth out of nowhere.
The situation is my brother owns the house, my mom rents the basement apartment and I've been living there for two or three years now. When we moved in she told me I don't have to pay rent like I was at the old place. My brother insists this means I'm not a tenant and if my stuff isn't out by Friday he will put all my stuff on the street. But I get mail there and everything my mom has ever told me is if you get mail at an address you live at you have to have 30 days notice to get out. He's harassing me through text as I write this daring me to get the law involved. I cannot get my things out in the 1-2 days he's given me. It's not possible.
What are my options? My whole world is collapsing around me and I don't know what to do I am so terrified I can't handle this anymore.
My brother loves to get in on any abuse directed towards me. He's beaten me in the past and harassed me for being gay and so has my mom. Every time I've called the cops after they get physical they cover for each other and the cops bitch at me for wasting their time and lying.
Please help me

Answer:
 If OP's brother is doing drugs around his kid, wouldn't CPS care about that and start an investigation?

Not related to the eviction, just trying to find a way for OP to get some relief and maybe calm his POS brother down a bit.


Title: I was the victim of an online order prank; the fake bill was $700 USD

Question: I live in Los Angeles, CA and I think someone may have done this to me from abroad. I suppose he/she won't be extradited for this?

Answer:
 Okay, so you didn't order the food, so you're not responsible for the loss the restaurant has suffered, so your damages here are next to nothing, except time wasted. Unless you told them you'd pay (which you should not do, no matter how many times they claim you're responsible)

The owner of the restaurant could pursue it against whoever ordered the food.

In a more practical note: Are you a streamer or something? If you're getting this kind of attention, it might be wise to contact most of the pizza and other food delivery locations around you to mention that deliveries to your place should be double-checked (or just outright denied if it's from a place you wouldn't normally order from). They'll appreciate the heads up, hopefully.

And you might want to start thinking about what might happen if the person targeting you decides to SWAT you. Perhaps have a pre-emptive chat with the local police force. They'd still be required to come out, but you might at least be able to get them to knock first so you don't get raided on false pretenses.


Title: (NY) Neighbor stealing electricity

Question: [deleted]

Answer:
 Call the landlord and call the power company. And call CPS if you want. Answer #2: Definitely call the power company. Don't go messing with it yourself, just call the power company and let them do what they do.

Also, maybe call CPS. It sounds like a really shitty situation worth looking into.Answer #3: If the garage meter runs through your circuit, go to the breaker panel and turn it off.  Keep it off, especially if the garage is not part of your lease and you don't have any access to it.  If the landlord wants power out there, tell him to pay you for electricity.Answer #4: Can you find the fuse or breaker box, or ask the landlord about it, so you can use that to turn off the power to the outlets that are in the garage?  Yes, you can report them to CPS - that's not going to help you, but it may help them and/or their kids.


Title: Evicted our Roommate- what if she doesn't leave?

Question:
Greetings, r/legaladvice,

Today, my girlfriend and I gave our (former)friend notice that she had five days to leave our house, where we were allowing her to stay. We live in Louisiana, and landlords are only required to give five days notice. (She had done serious damage to her bedroom).

My question is how do we proceed if she does not vacate within the time given?

Answer: You file for an eviction on court


Title: Being forced to renew lease

Question:
my backstory: I live in Connecticut and am moving to Florida. I found a sublease at the beginning of March and had planned to move in on April 28. I signed my lease electronically on April 23, sent it in and got a notification that it was approved on April 24. I have a copy of the approved lease that states that my lease goes from April 28-July 31, and I have signed a lease elsewhere at the start of August.

I got a call from the office of the place I am renting (it is a condo complex for college students) this morning, April 25, telling me that there was a mistake with my lease. Apparently the previous occupant had renewed her lease for the following year, meaning that it would continue from August 2018-August 2019. I had only planned on subleasing for the summer and made arrangements as such. I was told that because I am taking over her lease, I have to renew for the rest of the year and need to sign a new lease reflecting this. I was never informed of this by anyone until now. The previous occupant and staff never told me so I was unaware of this, and they told me today that it was an error of one of their staff members. Had I known, I would not have signed a new lease for August and likely would have made different arrangements.

So now I am stuck in a corner. I can’t back out of the lease I have signed that starts in August and do not want to. The office has told me they will see what they can do for me, but has said several times that I will need to sign a new lease covering both the summer and the renewal through the rest of the year. Is the lease that I already signed and submitted legally binding for them? Do they have to honor it if I refuse to sign their new documents or is there some loophole that they can use that will force me to renew if I want to move into this apartment? I am also obviously in a bit of a bind because if this falls through I do not have anywhere to live, and I am supposed to be leaving on Friday, April 27 from Connecticut to drive down there and move in.

Edit to add some info: if I agreed to take on the renewal I could find a subletter for the rest of the year, but would have to pay a $600 fee to break the lease. And would also have to scramble to find a subletter in the next few months.

Please let me know if anyone has any advice on how to proceed!
Topic:
Landlord Tenant Housing

Answer: The lease you already signed is binding. They can't force you to sign another lease as an extension.