Title: Excessive force used by club bouncers

Question:
I promoted for a club for a couple weeks under the table. I would bring people in and get paid a certain amount per person I brought, in cash. One of the  co-owners of the club “hired” me but there was never any proof of my employment.

A couple weeks ago I was out bar hopping with some friends. We ended up at the place i promote. I got very drunk at one point in the night and blacked out. I blacked in standing outside being yelled at by a manager and bouncer. I was obviously very confused because I had no clue why I was being yelled at (I was told the next day that I walked into a glass door and when I was told by an employee that there was a door there and to just open it I replied “dont tell me what to do” and something else that was rude). I repeatedly told the manager “I dont want to cause any problems, I just want to know why I’m being kicked out?” I had no recollection of what had happened so i was very confused as to why i was being yelled at. But the manager continued yelling at me. I tried explaining that I promote for them and didn’t want to cause any problems but the manager replied “you dont fucking work here get the fuck out”. Drunk and angry I replied “fuck you” and my friends and I left.

Later in the night I went back to try to talk to the manager again hoping everything had calmed down. The bouncer was being very rude and wouldn’t let me speak to the manager. I saw the manager in the distance and walked under a rope to go talk to him (obviously not the best decision but I was drunk and determined). Three steps in I was grabbed from behind, and hit to the floor by a second bouncer. They picked me up off the floor and physically threw me out of the club. They threw me directly into a metal trashcan and I was knocked unconscious for a short period of time. When I opened my eyes I was on the floor with blood all around me.

I called the police and they cane and took a statement from me and from the manager of the club. The bouncer said that I swung at him 3 times (which was a lie) so he had to do what was necessary. The police didnt end up doing anything.

I ended up having to take an ambulance to the hospital, get a ct scan, and get 6 stitches to my head.

I have 2 friends that work at this club and they saw the security camera footage from that night and confirmed that I did not swing at anyone, and that I recall the events just as they happened. They also informed me that the co-owner who had hired me was bought out and no longer worked for or owned the club.

I just got the bill in the mail from my insurer and its pretty hefty. I’m in college and dont make more than $300 a month so its going to be tough to pay it on my own.

Is there any action I can/should take against the club? Is there anything I can so to get them to help pay for my bills?

I dont know exactly what entails excessive force or if I was in the wrong or anything about this situation so id appreciate any help/advice I can get.

Thank you!

Answer:
 It sounds, frankly, like you should be relieved you weren’t charged with a crime.

You might lie low lest that change. Answer #2: You were definitely in the wrong.

The bouncers can't lie to the police.


Title: My friend wants me to marry him and his fiancee [TX, USA]

Question:
One night long ago when I was bored on the internet, I signed up to be a minister for one of those bullshit online churches. The ones where the legal creed is "1. we respect all creeds and religions 2. Everyone has the right to marriage." It's a fun fact to tell at parties, so it's generally common knowledge in my friend group that "tubes can legally marry people".

Now come several years later, one of my friends has proposed to his longtime girlfriend and they want to legally get married just to get it out of the way before they have the big ceremony. He asked me to do the honors, because he'd rather have my name on the marriage license than some random judge. I'm honored that he picked me, but I'm little concerned because the same Texas statute that lists out the people who can legally perform marriages in the state of Texas (one of which is "any registered officer of a religious organization, i.e. me) also lists out that it is a crime to fraudulently perform marriages.

Is it likely that doing this is going to come back and bite me in the ass? I'm a first year law student and I really don't want my legal career ruined by getting arrested for fraudulently performing a marriage because I didn't fit the qualifications by some interpretation i'm not aware of. The County Clerk's office said that they don't check religious organizations or any sort of certification or qualification, but the County Clerk isn't a judge or a lawyer. My guess is that they don't worry about it unless the marriage turns out to be a sham, which I really don't think is likely here. Any thoughts?

Answer:
 These types of ministers are really common and perfectly normal.  You should be fine, provided your license is still valid.

Ps--I thought this would be some interesting thread on the legalities of poly marriage.  I was disappointed.


Title: Can the police legally kick you off of public property?

Question:
So this incident actually happened a few years ago. My friend and I were fishing off of a town owned dock that is specifically for fishing and many other people were fishing there too. Next to this dock is a town owned dock that is leased to a private company. The dock master claims that my friend went on it to fish (Honestly i can't even remember if he did or didn't). So long story short, he called the cops and even though they didn't have any real proof, they forced both myself and my friend to leave, even though we were on public property. When I told the officers this, they said "We're the police we can do what we want". Like that is legitimately what they said. I am also not sure why I was ever kicked off because the person who called the police told the officers that I didn't do anything. They just said I had to go because I was a friend of the person.

So is any of this legal at all? And when (If ever) is it legal for the police to kick someone off of town-owned public property? This is in RI btw.

Also, The police in my town have a long history of being VERY corrupt. It's a small town so nobody really holds them accountable for anything. Any suggestions on this part too?

Answer:
 The White House is public property. That doesn't mean you can go and have a BBQ on the lawn.Answer #2: > And when (If ever) is it legal for the police to kick someone off of town-owned public property?

Pretty much always.  "Public property" doesn't mean that you get to do whatever you want with it.  "Public property" means that the public, through their elected officials, decide what gets done with it.  So they can close it, lease it, or set rules about what's done there.

The police would be in the wrong if their actions weren't authorized by whatever entity was in charge of the property - that seems unlikely.


Title: Fines for open windows

Question:
State: Minnesota

A little back story: in June my apartment complex was bought and the new owners have begun changing everything.  Pet policy forcing me to get rid of my cats. When rents due. When quiet hours start. ect.

Today I was informed about a new policy. As of today October 6 the landlord is turning on the heat.  Because of this she know has posted that if we have a window open it will be a $500 fine per window open.

These apartments get extremely hot even during the winter, I like my room to be cool, but fans don't help when they just push around this hot air. I also have to remove my portable air conditioner that cools the bedrooms because the exhaust requires a window to be open.

Is this something she can do? She's come in and is basically controlling how we live there at this point.

Update: I was never given a copy of my lease by the previous landlord. I've requested several times for a copy. I work with my old landlord now and she remembers most of the lease but no way to confirm.

Update 2: the signs talking about fines were removed and replaced with a sign that says she's going to enter the apartment without notice and close windows.

Update 3: picture of the notice https://m.imgur.com/a/3SWVB

Answer:
 Does your lease allow for such a fine?

Your landlord can't just say "new fines!" and have it be so.

Same goes for pet policies, rent due dates, quiet hours, what have you.  Unless the lease you have allow for such changes, they can't change.


Title: [FL] Is it possible to change my daughter's last name?

Question:
My daughter has her father's last name who she has no relationship. She would visit him maybe once a month since she was born then stop for several months. Very inconsistent until three years ago when she spent Thanksgiving with him and he ended putting his then girlfriend in the hospital. I stopped visits with him immediately. He hasn't tried to contact me. I don't know where he lives, if he's in jail or how to get in contact with him.

My husband and I have raised her since she was five (She is now 9). We are now married and expecting another child. We worry that since we all have the same last name, my daughter will start to feel left out since hers is different. She's already asked us if she can be "one of us" (same last name) which broke my heart.

We've already gone to lawyers to see if we can do a step-parent adoption but every lawyer has basically told us that this is a very hard thing to do in Florida and will cost us about $15,000 which we just don't have. In this case, what ruined us was that my ex was paying me child support for two years which established paternity. Which is why it would be so hard to have my husband adopt her. We'd be taking away my ex's parental rights (apparently the 13 arrests ranging from domestic battery to felony drug charges don't matter).

Obviously our main goal is to have my husband adopt her but for now a change of last name is what we're going for. I was told there's a way to do this without a lawyer but I'm not sure how to go about it. Any advice would be greatly appreciated. This topic weighs heavy on my mind and heart everyday. I need to get this problem solved.

Answer:
 There is no way to do any of what you want without a lawyer. It just comes down to how much you are willing to give up and pay to achieve those ends.

It is possible to do all the leg work in the courts *pro se* but it will require a considerable amount of work and research.


Title: [GA]Is it legal to leave my 17 year old son alone at home for a week?

Question: He's a good lad. Good grades, good friends, mild mannered, and very unlikely to do anything stupid. This being said, is it legal for him to be home alone by himself for a week? I have a business trip to Berlin coming up, and the circumstances make it difficult to think of another plan.

Answer:
 Policy-wise, I found this: http://dfcs.dhs.georgia.gov/make-sure-children-have-supervision-during-holidays He's over 15, he's mature, it should be fine.

I'd have people check in with him (as in physically go to the house to check on him) if I were you. Cause even if he's a smart kid, the temptation to host a party or something could be pretty high.

The biggest risks, I think, are either that he does something stupid, or that someone at school finds out and freaks out. But I don't think you should worry too much about the latter, and the former is something your judgement will be better than ours on.Answer #2: I was in college at 17. Flew down to LA to see my girlfriend for a week. You know him better than anyone on the planet so you wouldn't consider it if you didn't know he's ready for the challenge. Seventeen is pre-man - he'll be fine


Title: [California/Minnesota] I got stopped for a traffic violation and was told about a restraining order against me, what should I do?

Question:
So today as I was biking home from work I blew through a stop sign in front of a cop (I am not a smart person), and rightly was served a citation. Now the officer took my license and looked to see if I had any other violations on my record, which up until this point had been clean as far as I knew. When he came back he told me that I had a restraining order against me, but he couldn't tell me anything else about it. I don't think that I have ever done anything to warrant this and it was never served to me, so I'd like to get it taken off my record as I think that it was an error. Is there any way to do this?

For some additional information, I grew up in Minnesota for almost all of my life but this last year I went away to school in Boston, however this summer I'm working in California, so I got my ticket in CA.

I really do believe that this is an error and I don't want it on my record, is there anything that I can do about this? And since I'll most likely never return to Minnesota can I do what I need to remotely?

Answer:
 Sounds really weird. Call the police department on their non-emergency number, let them know what happened, and ask for more information. It's impossible for you to obey a restraining order you have never seen.

If they won't elaborate, ask if they can tell you which court granted the order.

If they won't tell you that either, call up the courts in your area, ask to speak to the clerk, explain the situation and see if they can tell you anything.


Title: Lawyer wont pay me the remainder of my retainer fee because their accountant is on vacation.

Question: Not much more to say, other than I need the money now and I suspect that it's probably not legal for them to withhold my money now that I'm no longer using their services.  They say the accountant will be gone until December.  What can I do?  (I'm in New Hampshire)

Answer:
 > I suspect that it's probably not legal for them to withhold my money now that I'm no longer using their services

What does your retainer agreement say?
Answer #2: Argue with them.  Tell them how much you need your money back.  Be a pest.

Suing them won't help you get your money back *faster*, it helps you get your money back *at all*.


Title: (MD) Landlord sent an email stating that we are being subject to random weekly inspections. This is not in the lease.

Question:
My wife and I just moved to Maryland and signed a lease at a clean place. However, our second week in the apartment, we received an email stating that our apartment was chosen to be randomly inspected this week. There is nothing about weekly inspections in the lease. The closest thing is a clause stating that the landlord may enter the apartment at any time without notice. We agreed to it because we assumed they would be using that clause for repairs, not to inspect our apartment every week.

I also don't know anything about right to privacy laws in Maryland. My job was rushed and I didn't have time to do proper research. I have nothing to hide, but I value my privacy and don't want people coming into my apartment whenever they choose.

Any insight would be greatly appreciated.

Answer:
 Disclaimer: I am a lawyer, I am not your lawyer, I am not licensed in Maryland, and I am not giving legal advice.

You can certainly contract away some rights and you might've signed away more than you wish you had. A quick search isn't finding me much, so I'm going to punt it back to you. This is going to depend a lot on Maryland/local laws and regs. Try contacting your local branch of Maryland Legal Aid and even if you don't qualify for their services, see if they can point you in the right direction.

&#x200B;

Looks like this is you (according to [http://www.mdjustice.org/files/MLATenantRightsEvictions.pdf](http://www.mdjustice.org/files/MLATenantRightsEvictions.pdf)):

**Southern Maryland**
*Calvert , Charles, St. Mary’s*
15364 Prince Frederick Rd
P.O. Box 249
Hughesville, MD 20637
(301) 932-6661
(877) 310-1810Answer #2: Do they say you've selected for Random Weekly Inspections, or that you were randomly selected this week for an inspection? Because the former very strange absent other information, but the landlord doing a few units at random each week and then not coming back through for an extended period sounds like something that many apartment complexes do - they pull your number, inspect and it goes into the done box until they've inspected the entire complex, then they start over.


Title: [Ontario] Moved out with no sublet. Still paying rent and someone else moved in.

Question:
Sorry for the wall of text. Long story short I had to move out from where I was living due to a breakup. Three roomates and I had signed a lease from June 1st 2016 - May 31st 2017.

I phyically moved out February 1st but continued to pay rent because I could not find a sublet for my portion of the lease.

We all paid rent to my ex and she sent the lump sum to the landlord. When we decided it's best for me to move out she owed me ~$900 at the time so her and I agreed that I would pay her 3 months worth of rent minus the $900 (last month which is May was paid at the start of the lease).

Here's some confusing numbers to follow:
Rent: 487.50/month/person
Internet: 84.80/month

The internet bill was in my name and from the start of the lease we decided to pay as follows. I would send my ex 487.50 - 63.6 (3 other shares of internet) since I paid the bill monthly.

The other two roomates would pay her 487.50 + their share of internet (21.20) each month. This evens out in the end to minimize the amount of etransfers and after the bills are paid we each pay exactly 487.50 + our share of internet which is a grand total of 508.70.

When I moved out we agreed since I'm not using the internet and they can downgrade that I don't pay any share of internet and will keep deducting it from the rent I pay since I have to pay the internet bill. So after I moved out I paid 402.7/month. (487.50 - 84.80).

So when I moved out I had 3 months left to pay and decided to pay them in a lump sum. 402.70 * 3 = 1208.1 now we subtract the $900 she owed me. I sent her a final payment of $308.1.

Here's where stuff gets interesting: our lease ends May 31st. Someone is moving in may 1st and taking my spot in the lease. They told him that it was already paid for that month and he doesn't have to worry about it. They signed a new lease on the same house for June 1st so there are no papers stating he's allowed to reside there from may 1st to may 31st. I said he can move in may 1st but he must sublet from me for that month as I'm not willing to pay for someone else to live there.

It sounds like he's going to move in anyway and I won't see that money. What can I do about this?

TLDR: I paid rent until May 31st, someone is moving in may 1st, taking my spot in the lease and won't pay me for that month

Answer: Sue your roommates for the rent you paid


Title: Can I anonymously report an office affair between a manager and a subordinate, as it is becoming uncomfortable? How do I do this?

Question:
I'm in a situation where one of my married coworkers is having an inappropriate relationship with her boss, and it is becoming uncomfortable in the workplace. Their relationship as of yet is not sexual, but the emotional intimacy and crushing is definitely there - both in the office and after-hours.

What are my options in terms of cutting this out with the least amount of problems?

Location - Oregon

Answer:
 I'd look at all your bills, figure out if you could pay them while collecting unemployment, and then make a decision as to what is more important. This is none of your business. Answer #2: This isn't really a legal issue, but what kind of company is it?  Are you large enough to have an HR department?  And is a non-sexual relationship against company policy?Answer #3: I have the same problem at my job. Except that the coworker's love affair is with food. All day his emotional intimacy and crushing is definitely there, and it is become uncomfortable in the workplace. He announces, every morning, what restaurants have coupons. Every morning. And every afternoon he won't shut up about dinner. I've never heard one person talk about processed cheese product so much. Answer #4: 1) How do you know their relationship isn't sexual? Do you follow them home at night to make sure they aren't having sex?

2) You'll have to look at your company's policy on fraternization to see if it violates it. It most likely does not since you say the relationship is "non-sexual." If it is you can take it up with HR or an authority in your company. This isn't a legal matter, it is a company policy matter.


Title: Utah: fired without another manager present, for asking to be talked to like an adult anything I can do?

Question:
I haven’t been written up or anything in the past. I worked for smiths.

I called HR and they said they would have a meeting with me and a couple managers but it never went through I guess.

I’ve been looking for a job and think I’ve found one, so while I’m not as worried i figured I’d post this.

I have a family lawyer but I’d rather not have the whole family know I got fired:( so help please?

Answer: It's not illegal to fire you for asking to be talked to like an adult. Nor is it illegal to fire you without another manager present.


Title: Contractor agrees to finish a parking lot, fails to do so, and expects to get paid. What do I do?

Question:
The job:

I have a 200x200' flat area here in the desert that I want to use as a parking lot so that heavy vehicles can park there without getting stuck. RVs, pick up trucks, etc. The area to be our parking lot had been previously cleared of vegetation and leveled with a wheel loader. The terrain here is pretty soft and I wanted to make it hard. Another requirement is that the contractor would have 1 day to do the job, I needed it done today because a big group is showing up tomorrow at 6AM with all their vehicles and needed to park there.

I got in touch with the local construction materials company and they gave me the number of a contractor that could do the job.

The contractor told me over the phone that crushed asphalt b type would work for my needs and that with 4 truck loads we should be able to cover half of the 200x200ft area.

What happened:

We agreed we'd meet at the property at 8.30 AM. His bobcat arrived with an operator, and he arrived in a delivery truck with 17 tons of material.

We walked the property together first - I showed them the area. I asked where he thought would be best to drop the material - he said in the “parking lot” is fine. I asked again - are you sure you won't get stuck? He said he had 4 wheel drive and it would be fine. From experience I've seen people get stuck in this type of terrain before but they said they knew what they were doing so I said OK.

The truck then went into the parking lot area to dump the first load - then it got stuck. This was 10AM. They try to get it unstuck. 1 hour passes, contractor says he'll get blocks, another hour, I’m starting to get nervous because the job won’t be done in time. He says someone is bringing him chains. 3PM he says he's almost got it out… it's 5PM (sunset here) and it's still stuck - now there's a bunch of people there helping them.

At this point I just told him to get his stuff out of the property, we're not moving forward with this. Obviously they didn’t finish the job, and they’re still stuck, and the parking lot isn’t done at all.

What do I do? Do I need to pay him anything now? Do I need to pay for the materials he dropped, even if it’s useless for me? He just made me lose a bunch of time and money.

As a side note, I should mention that the contractor told me in the AM that the material he had ordered (4 truckloads because he agreed that would be enough to cover at least half the parking lot) would be enough to cover ½ the parking lot. At 5PM he completely retracted. Told me he didn’t know how much 4 truckloads would cover but obviously not ½ the parking lot. So then I asked him how many then?! He asked his (older) friend? He said \~35 truckloads. This is wayyyy outside our budget. Then I also hear that this was never going to work that he should’ve compacted with water, a compactor, and then put base. I also hear that we had to dig 2 inches below, put gravel, and then put base for it to work. I don’t know any of this. Which is why I had contacted him in the first place!

He’s not experienced now it’s apparent. He also refuses to just come to terms that he’s not equipped for this job, doesn’t understand our needs - or lies to get the job completed.

Answer: California contractor here with my two cents. In writing, I'd reiterate the agreement with regards to needing it done in a day, the money you've lost with it not being completed, as well as additional expected cost to get rid of the dumped material. Tell him you're paying him nothing and he can take you to small claims court where an arbitrator or judge will decide what's fair. If the ordeal and his ineptness cost you, I'd take him to small claims court, in CA there's services that will do all the leg work for you, and you just show up in court.


Title: Psychiatrist office is trying to get me to pay a $65 fee for no-showing to an appointment. Do I legally owe that money?

Question: I’m in Ohio.  I made an appointment to see a psychiatrist but got cold feet and decided against it at the last minute.  I never signed any paperwork agreeing to be on the hook for any cancellation fee, but now they’re billing me $65 dollars.  With the holidays coming up money is tight so I’m just wondering if they’re bullying me, or if the threat of sending the bill to collections is possible.  Any advice is appreciated!

Answer: It’s common to have no show fees. You took up time out of their day and took time away from other patients, they make damn sure they get some kind of compensation whether you come or not.


Title: [NH] Recently quit job (with two weeks notice) and they will not pay out my 88 hours of PTO

Question: Can they legally withhold earned vacation time? I thought I was doing the professional thing not using any vacation time and giving proper notice, but now I'm being screwed.

Answer:
 New Hampshire considers PTO, vacation, and sick pay wages, and they are owed to you upon termination.

[Section I states they must pay you wages.  Section V states these are considered wages.  Section VII-3 states owed wages are due at time of termination.](http://www.gencourt.state.nh.us/rsa/html/XXIII/275/275-43.htm)

Let them reconsider their actions.  Then file a wage complaint with your state's department of labor.Answer #2: "Will not pay" or did not pay? Contact HR.  It may be coming on a separate check or it may be an oversight.  If the company is any size at all they're not likely to just withhold pay you're entitled to.  Dealing with the repercussions is too big of a headache.


Title: What is the difference between "donating" for pirks/goods and actually "buying" those goods/pirks?

Question:
I am US-based, and I am a bit curious about how you can give away pirks for donations, vs actually selling a product.

For tax purposes, accepting donations for pirks is obviously more preferable, but I wonder how legal this is? How can people on crowdfunding websites literally sell their product for a donation? You back them, they send you the goods... but the backing is a donation.

...Just trying to wrap my head around the legalities here.

I have a website and youtube channel that gives away programming tutorials, and I am looking to crowdfund some series. I would like to give away pirks for donations, but I have begun to wonder about the legalities here... and what is the defining line between selling goods for $$ or giving pirks for a donation.

Thanks for clarity!
Topic:
Business Law

Answer: Perks, not pirks. (short for perquisite.)


Title: Tenant refuses to pay rent and she says she doesnt have to. Will the court make her pay? - Indiana,US

Question: So I'm 20 years old so i do not know much about renting out houses. However my dad has been renting out a second house for over 10 years without a lease to a former tenant but it was hard getting her out since there was no lease. This time around my dad did get a lease for the new tenants that says that after 7 days of non payment the landlord can choose to break the lease. That is what my dad wanted to do since these people have been paying inconsistently and incomplete since they moved in. However, we cant get a hold of them. They wont answer the door or phone and just avoid us. She mentioned to my dad that many people can just leave a lease and not pay. I wanted to know if this was true. Also if we can just evict them or if we need a court order for that, and if we do take them to court will the judge force them to pay the remaining 2 months of the lease or will they be able to tall their way out of paying.

Answer:
 Your dad needs to serve them proper notice and file for an eviction.  They won't be allowed to live there without paying unless he drags his heels.  He should consult an attorney if he doesn't know how to do this himself.Answer #2: >Also if we can just evict them or if we need a court order for that,

Do not kick them out without following propper procedure, this includes getting a court order and serving propper written notice first.


Title: [oregon] can non-custodial parent pick child up from school early without permission from custodial parent and in conflict with their custody agreement?

Question:
My friend is a single dad.
He is the custodial parent of his and his ex’s son. Son lives with him full time.

The mom is only supposed to have him on weekends.

They have joint legal custody (never married) and a written agreement stating she has him weekends only, and that the father has him all week.

Yesterday she showed up to the school and picked their son up early- the school never called his dad and she kept him overnight and took him back to school this morning with no breakfast.
This was never agreed upon ahead of time, and she got him earlier than the release time because she knew she wasn’t supposed to take him that day.

Their son missed practice yesterday, he had no idea where his kid was at for like a half hour, and basically my friend is furious.

1) When he found out what happened, told the school, again, he’s the custodial parent and that they have a legal agreement she only has him weekends.

School claims that without a protective order against the mom, they have to release her son to her. They also said they’re not obligated to call him to tell him, either.

2) Mom claims that because they have joint legal custody, she’s not obligated to abide by the written parenting agreement and can take him whenever she wants.

What does my friend need to do here?

He has paperwork that needs to be served to the mom calling for full legal custody to be granted to the father (he’s been supporting his son alone for years and only recently did she decide she wants him on weekends again. She also tried to take him out of state one time. She has had abusing partners in the past and a serious drug problem- kid is not safe with her. She’s been emotionally abusive to the child as well- ex: telling him his father is a piece of shit and that he’s just like his dad- telling him that she can do whatever she wants and dad can’t help you, etc... kicking him out of the house and making him wait outside for his father to pick him up because he argued with her about something... the kid came over to my house one night, sobbing because of the last incident (I was babysitting his dad had to work). It’s awful to watch...

Aside from getting the ball rolling on this legal custody paperwork- what else can he do to ensure this does not happen again?

How responsible is the school for releasing him to the mother when they knew ahead of time what the issues were?
Is her violating the written parenting agreement in place currently, grounds for legal action?

Any help would be greatly appreciated. Thank you.

Answer:
 The school is not obligated to mediate their disputes. If she is violating the court ordered agreement for custody, the remedy is to take it to the court and they can find her in contempt of the order.

If the written agreement was not handled in court, that should be your next step, get a family lawyer to assist in making it a legally binding document.


Title: [USA] I am Australian. I have a job in Australia that lets me work from home. If I move to the USA but keep that job, would I need a working visa?

Question:
Assume for the case of the hypothetical question that my Australian employer is 100% fine with it and doesn't care where I live. I'd be an Australian citizen working for an Australian company who pays wages into my Australian bank account, but I'd want to rent a house in the United States for let's say two years at least. (And ignore for the case of the hypothetical question the fact that I might have difficulty renting a house as a non-resident etc etc.)

I'd be residing in America, and I'd be working. But would that qualify as *working in America* for the purposes of immigration law, visas, taxation? Would the US government want me to have a working visa to continue my Australian job? Would they want me to pay American income tax?

I'd imagine so, since living in America means I'd be benefiting from many of the things American taxes pay for. But on the other hand, I'd also be bringing in money from overseas and spending it in America every week, like a permanent tourist. Of course the law has nothing to do with what I'd imagine, so I don't know why I even mention this.

Answer:
 As a threshold matter, hypothetical questions belong in /r/legaladviceofftopic.

The [Code of Federal Regulations](https://www.law.cornell.edu/cfr/text/8/274a.1) defines employment relative to the control of employment for aliens as (emphasis added):

> The term employment means any service or labor performed by an employee **for an employer within the United States**, including service or labor performed on a vessel or aircraft that has arrived in the United States and has been inspected, or otherwise included within the provisions of the Anti-Reflagging Act codified at 46 U.S.C. 8704, but not including duties performed by nonimmigrant crewmen defined in sections 101 (a)(10) and (a)(15)(D) of the Act. However, employment does not include casual employment by individuals who provide domestic service in a private home that is sporadic, irregular or intermittent;

As long as they don't register their company in the US, you'd likely be fine from the work standpoint.

However, as noted by other commenters, the US does not have a visa type that would allow you to indefinitely remain in the US as a tourist. So, your hypothetical is a bit impractical.

> Would they want me to pay American income tax?

If you were physically present in the US long enough, they would expect you to file a tax return.Answer #2: Yes you would need a working visa.

A few other things:

1) You cannot be a permanent tourist, generally the max is 6 months, there are exceptions if you are retired Canadian of normal retirement age.

2) Usually they ask you at the border how long you plan to stay, if your answer is longer than a month or two they are going to ask how you will support yourself, saying that you are working without a visa is a bad answer.


Title: Employees giving out information

Question: One of my co employees gave out my personal information,  didn't even ask who was calling just took a number. This has caused my wages to be garnished on an old car loan from  years ago and we have been forced to file bankruptcy.(Arizona) can I sue for damages

Answer: You want to sue someone because you didn't pay your own debt?


Title: Damage to rented home by friend's dog

Question: My wife and I rent a home. While we were on vacation this past week, we allowed her friend to stay in our house and figure out her next move (leaving an abusive relationship, blah blah blah). We had one condition, which was that she not have her dog in our house at all. Long story short, she did have her dog here. The dog urinated and defecated on our living room rug and on the couch. Both will have to be replaced because they can't be cleaned. The friend is denying wholeheartedly that the dog was here for any amount of time. Is there any actions to be taken to ensure that we don't have to pay for the damages caused by her dog in our house?

Answer: You can sue her for the damages you'll have to pay.


Title: [Colorado] Charged with 4th degree Arson 3rd degree misdemeanor. First offense

Question:
About a month ago I took a plea deal admitting guilt to 4th degree arson and was charged with 50hrs of community service that I have to complete by December. And the charges will be taken off my record. Due to my working 45+ hours a week to afford my rent and other living expenses it is very hard to find the time to complete these hours as I only have time available on Sundays and I only given 2-3 hours each day I'm there.
The maximum penalty of the charge is 6months jail time or $750 fine
Just curious on the chances they'd give me the jail time if I am not able to complete the allotted community service time. Also how long would the charge stay on my record?
Just to be clear I still plan on attempting to complete the hours I am just curious.

Answer:
 If I were the judge, the odds would be 100%. I can't imagine how you don't have time to do 50 hours of community service over 6 months. 45 hours a week of work still leaves at least 30-40 hours of free time.

Realistically, I have no idea. Answer #2: There are 23 Sundays between today and December 1st. At 2-3 hrs a week you will be fine.

If you aren't required to do your community service at a specific place, I'd look for places where you can spend more time there. A few full Sundays could make it easier.


Title: Community college could not be contacted, forcing me to take a course I wanted to drop, anything I can do?

Question:
I originally wanted to go to my community college and start taking courses. However, plans changed when I decided I would be moving within a year. I attempted to drop all of my classes online, but one class “Intro to Texas”, wouldn’t drop on the website unlike all the other courses.

So I called their registrar multiple times and no one picked up. I received an email today that due to my enrollment in the course I would have to pay 30% of the $700 course because the drop period had passed.

I received no notification of final enrollment in the course, no notification of my financial aide being accepted, and finally no emails saying that I was even in the course.

I’m pretty upset and feel like I’ve been intentionally dodged so that the community college could make a quick buck. Is there anything I can do to either get the % reduced or get rid of the amount completely? Thank you all in advance.

Answer:
 So you called multiple times, no on answered and you just decided to do nothing further?  That one is on you. Answer #2: Some schools have dispute offices you can try.

Answer #3: So when you went to campus in person to drop the class what'd they say?Answer #4: Why didn't you try going to the office? How far in advance did you try to drop it?


Title: False arrest in DUI case. North Dakota.

Question: [deleted]

Answer: Anything to what? For one, that's not a "false" arrest. You were arrested and charged with a DUI and it appears to be legitimate. Hire a competent lawyer to defend you.


Title: FL renter-Blinds wont go down, landlord is calling a blind guy and taking it out of my deposit. Can she do that?

Question:
So I was trying to be productive today and clean my window seal. From the day I moved in, in January, the blinds were slightly up from the window seal but I never bothered to put it down, as I enjoyed the sun beam in the morning. Though, today I went to put them up and now they wont come back down. I texted my landlord (who lives in the apartment as well) and asked her to help me get them down. She walks into my room, goes I don't know how to fix it, I'll call a blind guy tomorrow, and it's coming out of your deposit. Mind you this landlord is insane. She tried to charge me maid service because I wasn't vacuuming the house, yet she hadn't even asked me to. I don't know what to do. This is only an 1/8 of the bullshit she's pulled. I don't feel that she is justified to take this blind fixing out of my deposit, when I didn't do anything but put them up.

17. The Landlord will return the Security Deposit at the end of this tenancy, less such deductions as provided in this Lease but no deduction will be made for damage due to reasonable wear and tear nor for any deduction prohibited by the Act.
18. During the term of this Lease or after its termination, the Landlord may charge the Tenant or make deductions from the Security Deposit for any or all of the following:
 a. repair of walls due to plugs, large nails or any unreasonable number of holes in the walls including the repainting of such damaged walls;
b. repainting required to repair the results of any other improper use or excessive damage by the Tenant;
c. unplugging toilets, sinks and drains;
d. replacing damaged or missing doors, windows, screens, mirrors or light fixtures;
e. repairing cuts, burns, or water damage to linoleum, rugs, and other areas;
f. any other repairs or cleaning due to any damage beyond normal wear and tear caused or permitted by the Tenant or by any person whom the Tenant is responsible for;
g. the cost of extermination where the Tenant or the Tenant's guests have brought or allowed insects into the Property or building;
h. repairs and replacement required where windows are left open which have caused plumbing to freeze, or rain or water damage to floors or walls;
i. replacement of locks and/or lost keys to the Property and any administrative fees associated with the replacement as a result of the Tenant's misplacement of the keys; and
j. any other purpose allowed under this Lease or the Act.

edit-added part of my lease

Answer:
 Doesn't matter. Can't make a claim for your deposit until you leave at which time you have the right to sue if she makes inappropriate deductions.

I would just youtube blind fixes tonight and see if you can't whip this nut. Blind problems are pretty much universal.


Title: [NJ] Can Apartment Complex Landlord force tenant/guests to park head in?

Question:
My daughter lives in an apartment complex. The parking lots are between the buildings, essentially at the rear entrances. She has a preference to park head in, but occasionally backs in (like when emptying trunk).  My wife, on the other hand, prefers to back in. When it's time to leave, she finds it easier to pull out of the space heading face out instead of backing out.

My wife babysits our granddaughter during the week. So, for months now, my wife has backed into the space and been there all day.  (No 'guest only' spaces, btw.)

Today, my daughter got a letter from the apartment complex with a picture of my wife's car. The letter says that the car is not parked head in, and that next time it will be towed.

Is this legal? Can a Landlord or Property Manager dictate how you park your car?

Thank you in advance.

Answer:
 > Can a Landlord or Property Manager dictate how you park your car?

On their property, yes they can.  Their ability to enforce depends on the lease and the complex rules, but it's very likely those allow them to make rules like that.

More, if your wife doesn't comply, they can simply ban her from the property, and she has zero recourse.Answer #2: I have the same restriction here.

I just park the way the property owner dictates.

I imagine there is some reason for it, for example, some states do not require front license plates.


Title: Signing for a senior week house and I'm under 18 can I do this

Question:
I was looking over the lodging agreement and it never states that the person signing has to be over 18.  Should I just get someone else to sign it in my group that is or not worry about it.  The only worry I have about getting someone else to sign it is that the agreement has my information on it and asks for my signature.

Edit: this would be ocean city Maryland

Answer:
 You can sign.  They can reject your signature, since you're under 18.

Also, if you sign, you are individually responsible for whatever happens in that house, damage-wise; I'm guessing that your 'senior week house' is likely an excuse to party and drink, so ask yourself if you're willing to pay 100% of the damages your friends will do to this place.


Title: Cheating Fiancee eviction (Colorado).

Question:
Hello r/legaldvice.

I have just found out my fiancee is cheating on me. I live in Colorado and we have both occupied the same house for just under 3 years. During this period she has gone to school full time, while I have worked full time. The house is in mine (and my fathers name). She does not pay rent, not does she contribute money in my direction. I contribute little money in her direction, though I pay most of the monthly bills. I would like to legally evict her, but the laws for eviction always refer to a lease. Other places have implied I need to file some sort of form with the state.

I have not confronted her today, but when she gets home I plan to tell her she needs to find a new place to live. As an aside we have one other roommate who she is cheating on me with. I intend to evict him as well. I would like to make the official notices to them in the morning if possible.

My questions are, what are my legal obligations to her, what is the minimum time period I am required to give her to find a new living location, and what forms if any am I required to file.

Answer:
 1. Absent a lease she is a month to month tenant.

2. You have to give 30 day notice from the beginning of a rental period. If you give her notice today/tomorrow she has to be out on or before Feb. 29th.

3. You must give notice in writing. Just telling her doesn't count.

4. If she refuses to leave, file for eviction with the court on March 1.


Title: Is sex discrimination in hiring a tutor legal? (NY and CT)

Question: I sometimes work as an independent contractor for a tutoring company. They talk to clients, and then pass on the requests for work to us. Occasionally, they'll specifically ask for a female tutor (much more rarely for a male one), presumably because the student is a girl who's more comfortable working with a woman. Is this legal? If not, does the fact that my company isn't themselves discriminating, merely passing on the requests of others, relevant?

Answer:
 You can't help client preference.
My girlfriend is a care taker and females see a lot more hours then males due to client preference.
Turns out old men like female care takers and so do old females.


Title: [PA] Almost no water flow in apartment when other tenant uses water. Landlord is blaming the water company saying there is nothing that can be done.

Question:
I live on the second floor of a three level building which is divided by floor. Water is included in our rent because floors 2 and 3 share the same water service.

When the tenant on floor 3 uses the water, our water flow dissipates to almost nothing. [Here is a video of our shower water flow when the other tenant uses their sink/shower/toilet.](https://vid.me/k7xw)

When I bring it up with the landlord, he kind of blows it off and blames the water company. I've reached out to the water company and they said that there is nothing wrong with the pressure on their end.

Should the landlord be obligated to install some kind of water pressure booster system or install a second water service line?

Answer:
 Have you talked to the floor 3 neighbor about this at all?  If you were to approach them, I'd ask "Hey man, does your pressure ever get really low when I run my faucet/shower/etc?" if his is always fine, then the problem is where your service branches off from the main tee...if he has the same problem, then you could argue to the landlord that he's not providing sufficient utilities and work out a solution with him.

You need more data to make a determination as to what to do.


Title: Friend made a loan and now the friend won’t repay

Question:
State is Virginia, and this is for a friend of mine who does not have an account.

A little over two years ago my friend made a loan to a friend of theirs. My friend got it in writing, 3k loan, 6 months to pay, 1k of interest. Took a picture of the friend signing the promissory note. Over the past two years their friend has constantly gone against their word, has repaid none of it, agreed to meet and not shown up. My friend has asked for ever increasing amounts of interest, all over text, because of how long the loan has been and because of going to meetings that then never happened. The debtor has agreed to repay 8k over text, the 3k loan and 5k in interest.

What can my friend do in this situation? They easily have a case for small claims court but want to take the debtor to court for the full amount agreed over text. Small claims court is only 5k so my friend would not get the full amount. Does my friend have a solid case for regular court?

Answer: $1000 on $3000? Your friend has a future as a loan shark, he just needs to find someone to collect for him. Vinny Bagodonuts is available, I hear. Answer #2: Your friend should look up the Usury laws in Virginia as the law limits how much interest you can charge in a year. Without doing the math it seems unlikely that this interest rate is legal.


Title: Dad works for Citigroup for 20-plus years, he commit suicide, now Citigroup withholds Pension

Question:
Hi everyone. The event happened over 10 years ago but I was recently in contact with Citigroup and have a low 6 figure pension that I am now the sole beneficiary of. (I will split equally with siblings)

Citigroup is now offering me only $80 a month until I had retirement age of 65 and that I can get a lump sum. I'm 35, and was 25 when he passed in 2008.

I would like to get the funds in a lump sum as was what was supposed to happen when he made me the beneficiary in the event of his death.

 I also want to pull it out of there ASAP because I have little to no faith that Citigroup will be an entity within 30 years, and if their customer service is bad I can only imagine trying to get this from the bank of Beijing.

 I've been fighting to get progress or closure on this Pension for 4 years at this point, and one of my siblings is going to have a child soon. I'd like to give him his share.

Can anyone suggest what type of a lawyer or agency, or service I should contact regarding pension recovery for my deceased father though Citigroup? Or point me in the right direction on who can help. I'd even

I'm not trying to sue Citigroup as that would be silly and ridiculous.
 I'm more want any party that can work for me to file all the necessary paperwork with Citigroup. They have you mail many documents down to Florida which miraculously get lost and delayed. And their phone service is absolutely ridiculous and intentionally designed to stall the mail, and general process. Errors, things flat-out not being sent things being sent to the wrong address, the wrong forms being sent Etc. Each time adding 7 to 10 business days. It feels incredibly intentional and borderline illegal.

Any advice would be really helpful as I'm stressed about this. I'd also love to hear any similar stories that former Citigroup employees have had with pension issues.

 Thank you all! And sorry for the long rambling post.

Topic:
Employment Law

Answer:
 An attorney specializing in employment law would probably be your best starting point.Answer #2: Never attribute to malice that which can be explained by ~~stupidity~~ bureaucracy Answer #3: OP- /u/Spellchek is correct, you likely want an employment law attorney. If it's possible to get, you also want all the documentation you can get on Citi's pension plan (namely how does it pay out to the beneficiaries if the pension-holder passes away)?Answer #4: Citigroup is one of the oldest banks in the United States. It was founded in 1812 which is only a few years after the US was founding national banks. It will be around.

Like everyone else said, hire an employment law attorney. Make sure you have a copy of the terms and conditions of the pension. Him committing suicide may have voided this, or changed terms.

I am sorry for your loss, even if it was 10 years ago OP. I can understand wanting to get this resolved and move on.Answer #5: Have they explained why they are withholding the lump sum until you are 65?


Title: Can I be forced to use Comcast?

Question:
I've lived in two apartments, one in Salem, MA., and my current one is in Peabody, MA.
At both complexes, I was told simply "we use comcast here".
Can they legally force me to do so? Is there any chance I can fight this?
Topic:
Computer and Internet

Answer:
 You can choose to use nothing if you want. Answer #2: They can't force you to use comcast.

They can restrict what companies they use in their complex.


Title: (CA) Accidentally brought a gun to LAX

Question:
So my bestf's husband went home to Ca for his grandfather's funeral. Going through belongings, one of granpas antique guns gets dropped into a bag of his for safe keeping but is forgotten. This antique, non-firing and no ammunition accompanying gun gets found on the x-Ray for carry on at the airport.

He is arrested. Taken to South Central. 16 hours later after bail allowed to fly home.

I have read so many cases of people being given a warning or a slap on the wrist for this exact thing. It wasn't intentional or even a working firearm.

Wondering how to proceed with a lawyer.

Edit: grammar

Answer: He needs to hire a criminal defense lawyer in California. Depending on the facts the federal or State government may not prosecute him, but he does need a lawyer to handle this for him.


Title: Initial Hearing after Domestic Abuse charge: What to say?

Question:
So, last Friday evening, my husband and I got into an argument, which led to him pulling my hair aggressively. I was angry and had been drinking, so I called the police to report it. He ended up getting arrested, charged with domestic battery (I believe), and we were leaved under a no-contact order. I've been trying desperately all week to get this no contact order lifted, but I'm still waiting. His court date is next Monday, and I plan on going. I want to help clear this up, and hopefully get the charges dropped or lowered. While he shouldn't have done what he did, I don't think it warrants the repurcussions of a domestic violence charge. I haven't been able to figure out who the attorney assigned to the case is and I really just want to help. What I'm wondering is what I should say in court in his favor and if there's anything else I can do to help?
Thanks in advance!

Answer: You should ask his attorney if you can help in his defense.  But this is common of a abuse victims, and a big reason why they can't just decide to drop charges. You can not cooperate but it's entirely possible they don't need your help. They have whatever you told them on the phone, and the observations of the officers at the scene. Also, if he confessed, they have that.


Title: Is it legal to walk through a courthouse parking lot (when you don't work there, and don't have an appointment there), or is it considered trespassing?

Question:
During my lunch break from work last week, I went for  walk like I usually do.  I happened to walk through a courthouse parking lot, but a police officer soon approached me and informed me that I wasn't permitted to walk there and that it was private property.  I immediately wondered how that could be, as it was a courthouse, and courthouses should be public by default.  He then informed me that this particular courthouse deals with family issues, and due to the threat of people upset with verdicts, security is always higher in places like that.  I simply took his word for it, and left without causing a fuss.

Does this make sense?  Do courthouses cease being public property when they begin dealing with family issues?  Are courthouses public property at all to begin with?  I would simply like to know this so I can avoid any problems at all in the future.

This is in the USA, by the way.  The state of California.

Answer:
 The area can be public property but still be restricted to people who need to be there.  For example, you can't just go wandering around a prison, or most schools.  Family courthouses are, statistically, the courthouses where acts of violence are most likely to take place.  So what the guard said makes sense, and is a perfectly valid policy.

How to avoid problems?  Leave when asked to, and don't return unless you have a valid reason.


Title: Teacher recording students during midterms to deter cheating

Question: I live in Virginia, and I was taking one of my high school midterms and I noticed a camera on my teacher's desk. Is he allowed to record me if I didn't know about it? I didn't sign the sheet that opted me out of pictures and videos at the start of the year, does that give him the right to do this? Thanks for any and all replies.

Answer:
 > Is he allowed to record me if I didn't know about it?

Video recording is of no issue.  Audio may be, but it's likely your conversation would either have no reasonable expectation of privacy and/or you consented to such recording.


Title: Is my employer legally able to deny me to use medical marijuana at work? To deny workplace accommodation?

Question:
I have multiple conditions for use of it. It is prescribed by a doctor. I would like to consume mainly CBD at work. Work involved a group insurer to decide as they didn't know what to do. The insurer asked me to send them in documentation until they found out that I had been using recreational drugs. They advised me I have to be in an in drug treatment program or in the process of being in one because of this. Is this legal for them to deny workplace accommodation? I can't just go to rehab and neither do I want to because of drug use. I have setup counseling but need to do this in baby steps IMO.

I am in Canada

Answer:
 > I am in Canada

Thanks for your location. The MMPR Act covers this. From an HR/Company perspective, medical marijuana is treated the same way as a person with a disability with prescribed medication. Basically, you have to request an accomodation. Then it becomes a negotiation between you and your employer. Your employer should can use the following guidelines:

1) A prescription for medical marijuana does not entitle an employee to be impaired at work;

2) A prescription for medical marijuana does not entitle an employee to compromise his or her safety, or the safety of others;

3) A prescription for medical marijuana does not entitle an employee to smoke in the workplace. Smoke-free laws apply to smoking marijuana in the same way they do to regular cigarettes;

4) A prescription for medical marijuana does not entitle an employee to unexcused absences or late arrivals;

5) The employer is, however, required to attempt to find suitable workplace accommodation for disabled employees who have a prescription for medical marijuana use, just as would be required for any other disabled employee with a medical drug prescription.

So, they should work with you to find an acceptable solution to your situation, but it's absolutely legal for them to say no because of one of the above-mentioned reasons.


Title: My public defender wants me to plead guilty.

Question:
So back in July, I was arrested for Criminal Trespasaing and Simppe battery under the Family Violence Act in Georgia. The victim, my girlfriend, got the no contact order dropped and filed a petition of non prosecution (which basically means she wishes for charges not to be pressed and for them to not prosecute).

In Georgia, the state automatically picks up any family violence charges, so I know her filing won't necessarily mean it will get dismissed or dropped. I have arraignment on Novemeber 5th, and my public defender told me they will decide then, based on her petition, whether to continue the case or not. If they do continue it, he wants me to enter a guilty plea. Is this the smartest thing to do? Should I plead no contest instead? Thanks in advance.

Topic:
Criminal Law

Answer: You have an attorney appointed to represent you. Nobody on this subreddit is going to contradict their advice.


Title: A little advice please.

Question:
Long story short, I had a child with a woman out of wedlock a few years back. We were both drug addicts at the time and split ways soon after realizing she was pregnant. She sued me for child support, and I pay out of every check, I'm not contesting that. I've never even seen the child. She never spoke to me after everything happened, ignored my calls and texts, has me blocked on social media etc. I know for a fact this woman in our time together played the system. She had medicaid for her and her previous child, a state issued low income insurance that covers any of the childs medical needs for $10 regardless of what it is, was issued food stamps she used herself and sold to her friends. I myself make very little money. I work 40 hours a week, I have no government assistance. Today I received a letter from my insurance provider that she charged my insurance thousands of dollars for the child's recent hospital visit. ( I don't know about other states, but where I live it is court ordered you provide insurance for any child you pay child support on if your employer offers health insurance at a "reasonable price.") My question is do I have any rights here? I know in the short time we were together her child from a previous relationship got sick and went to the E.R. one night. Even though he had Medicare/Medicaid and that state issued insurance I mentioned previously, she spoke with the nurse to have the fathers insurance charged since he was a "dead beat dad." This woman now has a third child by a third man who she is doing the same thing to. Any advice is greatly appreciated. Thank you for your time.

Edit: I live in Arkansas.

Answer:
 > Today I received a letter from my insurance provider that she charged my insurance thousands of dollars for the child's recent hospital visit.

Your post doesn't make this insurance relationship clear.  Is your child listed as an insured party on your health insurance?  Have you been court-ordered, or have you agreed, to provide health insurance coverage to your child?


Title: $1500 owed to Comcast

Question:
Back in December I signed up for Comcast business class because my roommates and I used a lot of data (we design games). When I spoke to the representative on the phone I specifically asked if there were any fees involved with cancellation and such or changing of my service if I needed to in say 6 months from the time of signing up.

The representative I spoke to assured me that there were no fees involved and I could cancel at any time. These details were important to me.

Well I moved to a new city 5 months later and needed to cancel my service. upon cancellation I was told that I would have to pay 1500 to cover the rest of my 2 year contract. 2 year contract? When I signed up I saw nothing that said there was a 2 year contract on the agreement I signed.

Edit: I'm in the US

**Edit 2:** I spoke to the people that I am living with and they said that they will cancel their service and we can use my line, I just have to pay the difference. I'm still going to contact the VP of Customer Service to explain my situation to see if I can get a discounted rate at the very least.

Answer: Ask Comcast to show where you agreed to a 2 year service agreement.


Title: Hypothetical How does U.S. deal with punishing people who break U.S. laws in countries where it's legal? *NOT an extradition question*

Question:
So this is probably going to trigger a lot of emotional debate (I apologize in advance r/subredditdrama), but my husband and I were watching a show where someone's child was born with a terminal illness and died after a few months. I know some European nations allow parents to euthanize a newborn if it is born with a terminal illness, or an illness that passes some predetermined threshold of diminished quality of life. I don't know all the technicalities, I just know it exists.

So, my question is, if someone in the U.S. has a child with one of these conditions, and goes to a country where it's legal to euthanize the child, will they be charged if they come back to the U.S. after the euthanasia takes place? Once again, this isn't an extradition question. I couldn't find any precedents, and something like this would certainly be front page in the U.S. Is it something that is technically illegal but they never go after people as long as they don't try to get a death certificate or nobody reports it? Or do medical professionals overseas have some sort of system in place where they essentially falsify a death certificate to help out the parents (if they wanted to bury the child at home)? Would love to see a precedent or at least a scholarly article about it if it hasn't happened before.

For all the people who are losing their minds right now, I'm not pregnant and have no plans to travel abroad to euthanize my non-existent child. I'm just curious about how people would go about this because it seems like people with means could make it happen.

Answer: The US court would have no jurisdiction over a single act that took place elsewhere. I suppose theoretically, since the plan would have to have been made in the US (since that's where they left from), some sort of conspiracy charge might be possible? It would be an uphill climb, though.


Title: [CA] I Canceled My Gym Membership - Now They Are Refusing To Refund Me

Question: [deleted]

Answer: You can sue them in small claims court.


Title: THC Vape cartridge on airplane

Question:
[removed]
Topic:
Removed

Answer: Are you mentally deficient? No. First nobody is going to believe an e-juice cartridge maker is going to accidentally have THC cartridges on hand to mix up. And second having illegal drugs on you  doesn't require that you did it on purpose to be charged. It's having the drugs in your possession is enough.


Title: Car towed without warning

Question: In Milwaukee county, I had parked my car in an abandoned parking lot, on an intersection where a lot of people drive past with the intention of selling it. As far as I could tell, there was nobody who owned the building, no way to contact the owner, and there was not a no parking sign. Today, I found out that the car was towed, no warning, no notice of towing, and a no parking sign was placed by a private company. I called them and they said I could pick it up tomorrow and would have to pay 360 dollars. I have no idea if I just am going to have to pay to get it out of impound or if there is something I can do about it.

Answer: They don’t need to give you a warning or put up a sign since you parked on someone else’s private property.


Title: (Florida) I moved out a month in advanced and gave my roommate checks to balance out my bills for rent. He never cashed them.

Question:
Our Lease ends July 31st. My roommate and I do not get along. He doesnt talk to me I dont talk to him.

May 28th Vial Email"I will be living in another location for the month of July as well as the end of June. I will begin moving my things out the week of June 19th-25th. I will still be renting here @ XXX XXXXXX as I have set up to balance my portion of the lease agreements."

The email describes what I intend to do in order to pay my remaining amount for the apartment.
I moved out the 19th of June and picked up my things (living room, bedroom and bathroom) and left on the 24th of June. I had left a check for the internet bill for the month of july, I even went as far as having no internet until july 7th due to my roommate having paid his portion of the bill cycle. I informed him I would be cutting the internet as it was in my name. I gave my rent for July a week prior to moving out, left it on the counter and the roommate took it.

June 21st: "I'm coming over on Friday with family to move my things out. I have to transfer the internet service. Spectrum will not let me have two accounts nor will they let me transfer an account to another name. I'll transfer service on the July 7th as it is the end of the bill cycle and it has been paid for. You will have to start service under your name. I'll pay you half of the internet bill to you for July instead to balance out the last month of internet. I'll leave the check on the counter on Friday. "

My roommate never responded to any of my emails. I even asked him if he had any questions to ask me.
Jump forward this week. I asked him if he was moving out so I could cut energy service since our lease ends the end of July. I forgot to send him the energy bill for June as it is in my name. He agreed to pay his portion of that bill and the current bill. I told him via email  that I would come pick up my mail and I'll come pick up the checks. I also asked him what is going to happen with our deposit.

This was his response: "You have no mail. The only mail for you in the box has been junk mail, coupons and stuff, and I chucked that out since you never said you were coming back to pick up mail and didn't give me a forwarding address. As far as I'm aware you're going to have to ask them back for your half of the deposit as they're not cashing it back to me just so I can repay half of it. "

The then followed up with:
"Also, I never cashed your last month rent check, nor the internet one, so just mail me a check for $401.60 and you'll save yourself the trip."
 I took  measures to pay internet and rent in advanced but he decided not to cash the money checks I gave him. I was in charge of utilities, he was in charge of rent. He would pay rent in full and I would the supplement the rent payment with a check in his name. This was never an issue. I checked my bank account and I don't see my checks were cashed.
He states he didnt cash my checks even though I gave him the means to supplement the rent payment. The checks have not been cancelled and I dont feel I should have to write another one. If he wants the money he can cash the checks. What are my legal obligations in this situation?

Answer:
 > What are my legal obligations in this situation?

To provide him with the money agreed upon, or reasonable means to obtain that money. A check is a reasonable means to obtain the money.

Either he lost the check, he destroyed the check, or he's planning on scamming you out of extra money. All three of those situations don't oblige you to do anything until he can provide a reasonable explanation for why the check hasn't been cashed yet, and you've decided whether or not to cancel the earlier check.


Title: My Girlfriend Wasn't Paid For Her Pre-Employment Training [Georgia]

Question:
My girlfriend picked up a new job as a server at a new restaurant location. She had her interview one day, then was asked to come back and "audition" the following day. They required her to dress in uniform and she followed another server around. Here's where it gets interesting.

In the time she was following, she was working. She took orders, ran food, bussed tables, etc. She did this for four hours. Her employer did NOT pay her for this day, calling it an "audition" and stating that it was not mandatory paid. She only found this out three weeks later when she received her check. Furious, I looked up the FLSA rules and found the following.

>According to regulations, an employee’s time attending a meeting, seminar, lecture, or training must be counted as hours worked unless it meets each of four requirements:

>The attendance is outside the employee’s regular working hours;

>The attendance is in fact voluntary;

>The meeting, seminar, lecture, or training is not directly related to the employee’s job;

>**And the employee does not perform productive work while attending the meeting, seminar, lecture, or training.**

That last condition is what leads me to believe that they are required to pay her. However, I've seen some sources stating that pre-employment training has different rules. At the end of the "audition", they told her to come back the following day for "training", which she was paid for. She was never told an official start date. Can she still collect those four hours of time?

I've advised her to report to the DOL, because they've also been shorting everybody's checks as well as not placing accurate dates on them, but she's reluctant. She has records from the restaurant that have different dollar amounts than what she's being paid, even taking taxes into account. She'd brought this up to them before, and they wrote her a check for the discrepancy like it was nothing, which seems like a major red flag to me.

Answer: She will need to file with the US Dept of Labor or sue them or let it go. GA does not have its own enforcement process.


Title: 1v1 basketball game for cash dispute. [Iowa]

Question:
So I had a rare opportunity in my life to play basketball against a former D-league bench player. I am a pretty good athlete, having made varsity at my local colosseum. I started talking some smack to some dude and we ended up setting up a 1v1 basketball game for winner take all $1000. We were playing to 11 and the score was 8-3 when the other dude got injured and said he couldn't go on. I said that I won since he was injured /giving up, but he said that we never agreed on what happens if there was an injury. Other dudes were there to witness the 1000$ wager and it seems to me that I was well on my way to winning. Dude didn't even look injured and probably said he was "injured" just to avoid giving me a grand. Is it worth cooperating with the police if and when they do press charges against him if I inform them of his misdeeds (with witnesses)?

Or is basketball not regulated like this? Should I just go to small claims court?

Answer:
 Assuming you do not have a mental defect or are not trolling you are not entitled to money. First, betting on the gambling is not legal so any contract that may have been formed is not enforceable. Second, even if it was not illegal it still wouldn't matter. This was a mutual mistake. The other guy was right. You didn't agree on this issue. So the contract would either be unenforceable or would have to be rescinded because it cannot be properly reformed for that missing issue.

More importantly this was one on one. You didn't win but you still want the money? What kind of man are you? What a giant pussy. Wait until he is better and then challenge him like a man. A bitch crying even though he didn't earn the money? Who cares if he is faking? Win like a man or take nothing. Man up.


Title: Ex is holding my property hostage. Michigan.

Question: So my ex and I split up in January 2016. She was cool with me storing my stuff I couldn't take to my new living situation, until she got mad at me. She's now decided I am the Scum of the earth. Problem is, we have a loan together. She's the main person on the loan and I am the cosigner. She hasn't made any payments on the loan in over a year, and has clearly stated she has no intention to. I have no problem paying off the loan and then taking her to small claims for her half of the loan. So back to my question.... how do I get the stuff she is holding back? She says she will give it back to me when the loan is paid off. That will be about two years. I plan on moving to the other side of the country well before then, so I won't be able to just wait that out. Also she keeps threatening to sell anything she chooses if she doesn't feel that I'm paying enough extra towards the loan. The stuff I'm talking about is a mix of family heirlooms (completely irreplaceable, handmade stuff from my granddad etc) and a fair amount of marijuana paraphernalia. I have my Michigan medical marijuana card; she does not. She's also threatening to have me arrested and thrown into jail over a completely made up story about a "package that was seized by customs". Never happened. What do I do? I don't wanna go to jail over something she made up. And I don't want to lose things my family left me.

Answer:
 Let me get this straight, you cosigned on a loan under which she is the primary party, and she is telling *you* that you better pay it off and do it in a timely manner?

What the hell kind of loan is this, and just why does she think she can order you to do any of that? Answer #2: The loan is a red herring. If she has your stuff and won't let you take it back, ask the police to help you. They might go over there with you, ask a few questions and as long as everyone agrees it's your stuff, they can tell her to give it back, and that way in case she throws a fit of some sort you have witnesses that you didn't do anything illegal. (also: don't do anything illegal. Really helps. Don't engage in any argument or acknowledge provocation.)

Edit: If the package thing never happened then there's nothing to worry about. No cop is going to do anything because some rando tells them with no evidence that customs seized a package. Even if it did happen that is not the local PD's concern.


Title: Honesty with the officer left me with a CPM ppl 221.10

Question:
I decided to be honest and I guess overly truthful. So before they arrested me I had smoked a joint with friends in the park it was 9pm wensday or Thursday night after we finished we saved the roach (terrible idea). Went back to my car to relax left everything off and hung out in my car and chatted about 15 minutes later cops walk up to the car flash their lights and I step out to talk the first thing they ask "you guys smoking"? I say "yes" then the cop asks can I see it and like a moron, well I was stoned so I just complied like a sheep and gave them small Mason jar with about a dime worth of weed and the roach (we bought a dub earlier in the day) the cops proceed to tell us "you know it's illegal to smoke in public I just say yes or oh ok. Cops do some stuff then offer to arrest all of us or just me my friends were wussies so I decide to take the charge and get arrested ...... Cops also searched my car since they could now that I gave em a joint I'm guessing they never read me my rights idk why not i thought their supposed to. At the Precinct I got an DAT but I felt the whole thing was unnecessary I was respectful to the cops and even the cops were surprised when I was in the cell I shared my water with others in the cell because one guy was feeling sick. Anyway this was my first time being  arrested and my last hopefully I just want to know what should I pay a lawyer look I don't have much money I get financial aid and rent a room for 150 bucks per month I live off free food from the senior home I volunteer at and buy ramen noodle soup and tv dinners honestly low budget so what can I do to get a criminal defense lawyer pro Bono I'm beginning to feel like that option is next to impossible.

Sorry for the grammar

Answer: Get. A. Lawyer. If that drug charge becomes a drug conviction and you can say goodbye to your financial aid.


Title: A New Mexico marriage, and one spouse dies. What happens next will shock you...

Question: [deleted]

Answer:
 > Does she have any legal standing?

Yes.  She is his wife, and likely entitled to the entirety of his intestate estate.  However, if he died testate (with a will), then she receives what the will leaves her.  However, she may be able to "elect the spousal share," which is usually 1/3 of the estate.  This depends on state law.

Further, there may be equitable principles that remove her entitlement, as they have been estranged so long.  She should consult an estate attorney, or, leave it alone.


Title: [NC] Theoretically- Would CPS be allowed into my home or can I require them to get a warrant first?

Question:
I'm foreseeing a potential issue with some... unintelligent(ish) care givers at my daughter's day care. The main question is: if this turns into a situation and CPS is called on us, what are our rights as parents? I'd have no problem being cooperative BUT I've heard horror stories and would feel better knowing possible choices I can make. I'm having a tough time reading up on our rights as parents because my brain is already burnt from a long work day.

Backstory, if anyone is interested: My daughter is 11 months old and just started day care a month ago. She's in the 'infant room' and is supervised by several care givers. I like the place and got great vibes from them. I mainly like the security and 'no-nonsense' from the lady who owns the place. She is very by the book and it adheres strictly to laws of child care.

My daughter has a blocked tear-duct OR an allergy to something that affects only one eye. It makes her eye watery, dischargey and red. She's had it since she was born. That's why her pediatrician (great doctor, came highly recommended) is not worried at all about it and said it's likely a blocked tear duct and it will resolve on it's own or require a procedure to fix it later. The reason it gets red and irritated-looking is because the day-care people don't wipe her eye consistently and it irritates her skin when the cruddy stuff dries to it and builds up. I don't expect them to be able to stay on top of wiping one baby's eye every couple of minutes (like I could when I was a stay at home mom).

Because there are several care-givers, I have repeated this several times... they all ask about it and I completely understand. One lady said another baby is dealing with something similar. Fine.

The past several days they have told my husband and I that she has been acting like she isn't feeling well. Very tired and screaming loudly at times. Obviously I've been worried and asked how she was today. One of the ladies said "She's been so tired today. I think she's sick. Miss [owner] said it's because of her eye and I tried to tell her it was a blocked tear duct or an allergy but she wouldn't listen to me..."

Then I go and read the logs they keep for her every day and, lo and behold, they only put her down for a nap ONE time a day, early in the morning. She's a baby and always takes at least two naps a day. So OF COURSE SHE'S TIRED. She hasn't been put to sleep for an afternoon nap for at least four days.

Obviously I'll be speaking to Miss [owner] (and repeating myself) to try and get ahead of this thing... but I have no idea what this lady's reaction will be. Hence the question about CPS. I don't know what her policy is on acting on suspicions of neglect and I'm curious as to some advice, specific or broad to keep in mind for future reference.

Answer:
 You do not have to talk to CPS but they will get a warrant and it will be much more difficult.

You should get a note from the doctor staying the problem, effects, and the need to keep her face clean. Keep a copy and give one to the day care.


Title: DirecTV is suing my small business. I would like help on how to find a lawyer to fight this charge.

Question: [deleted]

Answer: Do you have a defense?


Title: Coke machine storage

Question:
The non-profit I work for had a Coke machine for 15 years we filled ourselves with drinks we bought directly from Coca-Cola.  Last year Coke convinced us to upgrade to a newer machine they would fill themselves that would use less energy, have a Credit Card reader, etc.  A year later and it didn't sell enough drinks (we didn't know that was a requirement) so they decided to stop servicing it with no notice.  Today I walked to the dining room to buy a drink and found the machine unplugged, open, and empty.  I had to call Coke and get the run-around for 20 minutes before they informed us it was being recalled.  Since they took our old self-service machine we are stuck with no machine at all.  They offered us a cooler that we can't lock instead - but we're not a gas station and can't justify a refrigerator we can't keep non-Coke products in.

Aside from my obvious frustration over everything (and I made it quite clear to Coke that I'm livid) is the matter of the machine itself.  They're not actually taking it away until they find a new home for it.  This lets them find a place for it without paying to store it at a warehouse or move it twice.  It takes up a great deal of space and if it isn't going to be stocked we'd rather it be gone now.

Our building is on prime real estate and other for-profit companies using our space for storage are required to pay rent.  It's unfair to those businesses if Coke can use our space free of charge.

Are we obligated to store this machine, or can we demand its immediate removal?

Answer: Jesus. Calm down and take a break. It depends on what the terms of the agreement says. I think it is unlikely that they put in a full vending machine without a written agreement. So you need to see what that says. And maybe think about birds and puppies. This is not anything to get "livid" over.


Title: Malpractice in the ER? Florida - Brevard County

Question:
Not once but twice this year I’ve been to two different ERs in Brevard county, both times I was treated horribly by staff and felt they didn’t listen to my symptoms and didn’t treat me accordingly. My biggest problem though is that both times I did not get a physical exam from anyone working and I have to seriously wonder if that’s standard protocol in the ER. Also I’ve had to fight to get my lab results from anyone verbally or written/printed. The first hospital never gave me my labs or told me the results and the second one very rudely obliged my request. I’ve been hellishly sick since May and lost some 40lbs and the doctor at the health clinic has just tried to throw antidepressants at me and I’ve refused them but they keep pushing them.

TLDR; Brevard county Fl ER staff not administering physical exams upon entry to the ER on two separate occasions at two different hospitals. Would this be considered malpractice if I have a severe enough undiagnosed condition?

Answer:
 The ER isn't there to diagnose chronic conditions.  Their purpose is to stabilize your condition so that you don't die before you can get in to see your PCP.

If you're going to an ER for weight loss and feeling like shit, they're going to look at you and say "Welp, you aren't about to die today" and send you on your way.  You need to make an appointment with an internist.


Title: Can I withhold my inheritance from my husband?

Question:
Hello, any advice is appreciated. My husband and I do not keep seperate finances; our paychecks go in the same pot, we own a home and cars jointly etc. He has two children from a previous marriage, and I have one. I recently inherited just over $200,000 from my mother's estate. My concern is that this money will eventually be devided between the three children after we pass, and I would like to keep it just for my son. Do I have the right to withhold my inheritance from my husband? In Washington State.

Edit: thank you so much for the good advice! I will be contacting a lawyer to decide whether to set up an account in my name or a trust.  Thanks again.

Edit 2: Some people have left harsh criticisms and inbox messages about my decision to keep this money just for my son. I didn't give any information about our family life, because I didn't consider it relevant,  but I'll give some details now. Our children are school age. My two stepchildren live with their mom and stepfather most of the time. Although I love them, I am not a mother figure to them. Nor do they need me to be; they already have a wonderful mother. My parents were not wealthy and they worked very hard to leave me a nice inheritance. I don't think they would like for 2/3 of it to go to my husband's kids, who they did not know well. I don't plan to hide this money from my husband, but i wanted to make sure that my decision was a legal one before i told him. My husband stands to inherit a decent about too, and what's good for the goose is good for the gander. I don't expect to see any of that money.

Please remember that there is a real person reading your comments, and in my case, someone who recently lost a parent. When you don't have all the information, it's always fine to withhold judgement.

The vast majority of comments were very helpful, thank you for that.

Answer:
 Yes. It is not community property. Put it in an account that doesn't have his name on it. Answer #2: > An inheritance is the sole property of the spouse who received it, regardless of whether it was received before or during the marriage, and not subject to division. The only time inheritance may be subject to division is when a couple decides to divorce or if inheritance funds were shared or used to purchase marital property during the marriage.

For such an amount, it might be worthwhile to hire a lawyer to help set up the account (and your will) so that it is and remains separate and would go only to your son upon your passing.Answer #3: Not a lawyer, but I work in finance and we get this a lot with client accounts.  It's not uncommon for a client to have two trusts, one for the husband and one for the wife, with different beneficiaries on each.  So consider looking into establishing one.Answer #4: IANAL but I work in wealth management. I would highly suggest putting the funds in a TOD (non-probate transfer on death) account with your son named as sole beneficiary. It draws a very clear line.


Title: 15 years oldGot caught stealing a soda with friend, have to go to court

Question: Me and my friend were thirsty but had no money so we go to Rite aid and steal sodas. Only problem is there is a cop nearby and a worker chases us out of the store and flags down police. We run from the police but are eventually caught. They handcuff us, put us in the car, call our parents. We are let go but we have to go to court. I’m worried because I don’t want to jeapordize my future with something so small. Keep in mind I steal less than 2 dollars worth of shit. Do you think a judge will put a charge on my record? I have great grades, play a sport and I’m really worried this will hurt everything I’ve been working for. I know it was stupid of us by the way.

Answer:
 Was it worth it?  A snickers bar or a truck load of them is stealing.

If you don't get into anymore trouble, it should go away when you turn 18.  It's a small offense, but strike 1.  Walk the strait and narrow.


Title: [NJ] Signed a contract with an Indian job consultancy. Now in trouble. Please advice.

Question: Hi all. I recently signed a 1 year contract with an Indian consultancy. The contract says that the company would provide training for me for 2 months after which i will take up interviews for contract positions with its clients. If i break the contract, I'm liable to pay them $10,000 (training fees). Now the problem is, I have only a year of experience, but the company wants me to completely make a fake resume adding about 8 years of experience in it to get a job that I do not even qualify for. I did not know this earlier, and if I had known, I would not have signed the contract. I feel like I made a HUGE mistake. Now what can I do?

Answer: You need to go and talk to a real lawyer. One dealing in employment related law. This is a bit too sensitive for the Internet to properly advise you, and the damages for advising you incorrectly could be large.


Title: Hit by car...police claims cyclist at fault

Question:
Hi... I (the cyclist) was just hit by a car at a T intersection by an oncoming car.

Basically, I was coming up the T and slowed down (almost to a complete stop) for a car to pass. After the car went and the other side was clear, I went to cross the street at a pedestrian crossing. While staring at this guy, he proceeds to drive right into my side. He came out of the car immediately and kept apologizing and saying he didn't see me. Luckily, no bodily damages due to such a low speed impact and my bike is probably going to need some work. After the police grilled me, it sounded more and more like it was my fault for being hit because I didn't come to a complete stop and walk my bike through the crosswalk. This is during commuting hour and literally hundreds of bikes go through this pedestrian crosswalk without getting off! The police officer said that the accident was my fault because I didn't stop and he didn't see me and I should expect a call from his insurance company about damages!

What should I expect for the next coming months? If it helps I'm in California. Please help! I'm honestly just so shocked that I don't know what to think.

Answer: You admitted to breaking the law by not obeying the vehicle code and coming to a complete stop.  With that on the police report you're almost certainly going to have the opposing insurance company come after you to collect.  Time to lawyer up my friend if you don't have your own vehicle / umbrella liability insurance.


Title: [Ut,USA] After being contacted multiple times, Amazon will not reply or take down my original IP being sold on their website.

Question:
The products at hand are custom designed vinyl stickers that my business sells on multiple websites. Note that the Amazon seller is not re selling our companies product but instead they copied the original design of my products. I have contacted Amazon multiple times over the past couple months with little to no response. One of the products is "Amazon choice" and is the businesses original design. Also to note the Amazon seller did not even bother to change the product display picture, they just took my original picture and cropped it a bit smaller. We discovered these products on Amazon after noticing a large decline in sales with these specific designs.

I am wondering what legal actions I have to get these products taken down off of Amazon.

Answer:
 You might want to post on the amazon seller forums on Amazon's site.

Answer #2: Did you start from this page?

https://www.amazon.com/gp/help/customer/display.html/ref=hp_14061711_claimcopyright?nodeId=201140760

A company that wants DMCA protection has to file such an agent and act on requests to remove offending material, lest they be sued for the copyright infringement and lose their safe harbor.

From Copyright.gov

> 17 U.S.C. § 512(c)(3)(A). Upon receipt of a compliant takedown notice, a service provider must respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of the infringing activity. If a service provider fails to do so, it may lose its safe harbor protection and be subject to an infringement suit.

Have you registered your designs with the copyright office? If so, great, that gives you more bite to your bark when dealing with IP thieves. Answer #3: Do you know what country the other seller is located in?


Title: [TX] Accidentally ran a red light because the huge Tractor Trailer truck in front of me blocked the light. Got a ticket. Can I fight it?

Question:
I really feel this is unfair since the truck was blocking the light, and was going at a fast speed I just assumed the light was green.
I didnt know the light was red until I was halfway across the intersection.

The light camera got me and I got a ticket in the mail.
I've never run a red light before and I never would, it seems silly to do so.

I honestly feel if it werent for the truck in front of me this wouldnt have happened.

If I go to court to fight this, do I have any chance to win my case?

ps ths ticket is $75, which is fine, but I dont want the points on my driving record

Answer:
 If you couldnt see the light, it's because you were following the truck to close. You ran the light, he didnt make you do it. You are at fault, pay your ticket.Answer #2: "I was following a vehicle too closely to see a stop light" is a really poor defense to a ticket for running a red light.

Don't follow trucks closely at intersections.Answer #3: Yeah you're supposed to be far enough behind the truck to see the light. You'll lose if you fight it. Depending on the prosecutor you may be able to get a deal where you pay the fine (or a little bit more) and no points are assessed. It's at least worth the conversation.


Title: [Canada] Ex-stepdad may try to sell my mom's art during divorce.

Question:
I posted just yesterday that my ex-stepdad has declared bankruptcy during divorce proceedings with my mother (For anyone that reads the other post she has decided to not move any of their assets). He informed her he intends to come to their property to retrieve some joint assets to sell.

When he left her she took some time off work and took up her old hobby of woodworking and "crafting" as she likes to call it. She mostly makes home decor out of recycled materials. Thus far she has accumulated quite a bit of this stuff which is stored on their property, where she is still living. So far she hasn't sold any of it and isn't sure when or if she will. She has quite a good eye for these things though so personally I think she could make quite a bit of money off most of this stuff. She hasn't assigned any sort of monetary value to anything though and in the past when she did this hobby she gave away her creations as gifts.

We have a reason to believe he went on to the property when she was gone and photographed some of her "crafts," not long before he informed her he'll be selling off any joint assets. Nearly everything she's made was created after they had already separated, which wouldn't be hard to prove as she sent me pictures of the things she made as she was finishing them, this was after his new fiancee announced their engagement on social media (which I have screenshots of).

My questions are: Do these "crafts" count as marital property that they will have to split in the divorce? Can he force her to sell them? If she removes them from the property would that count as hiding assets during the divorce? She doesn't have a history of selling these items, can she argue that she made them as gifts for her family, as she has in the past? Do the crafts even have any monetary value if they are entirely made out of reclaimed or recycled material (all of which she was given or found for free)?

Answer:
 If she made the crafts after they separated, your question will depend on whether the materials she used were acquired before.

But really, how much are these things worth? Unless she's selling them for thousands of dollars, they won't matter much.