Title: (NY) Is is legal for the government to dump carcinogen like PCBs into the woods?

Question: Hi I found a weird fenced off area in the woods in New York and it had nothing labeled on the front gates or anything. I found a sign in the fenced off area saying PCBs dumped in this area or something to that effect. I could not find any information about it in my area - it is pretty deep into the woods. Just wanted to know the legality of this and how is this safe as there is a river that runs through the place thanks.

Answer:
 The sign is almost certainly a warning sign related to *past dumping*.

"Hey, head's up, toxic stuff was dumped here, don't eat the dirt."


Title: Landlord selling house

Question: As the title says my landlord is selling my house. It is a double and they occupy the other side. An offer they have received is asking for all window ac units and all window coverings. Both sides! Is this even legal? Can they ask for a tenants belongings if they were not provided in the lease agreement?

Answer:
 Ummm...they can ask for it, but your landlord can't sell your stuff. He can however buy it from you (if you agree) so he can sell it. But that is a lot of moving parts. He'll have to explain to the prospective buyers what he can sell and what he can't. Answer #2: If the AC unit belongs to you, then it is yours.

If the AC unit is your landlords, then it depends on if your location requires the landlord to provide AC by law, and if your location doesn't require AC then if your lease says your landlord will provide you AC.Answer #3: The buyer can ask, there is no reason for the buyer to know you supplied those and your landlord can ask to buy them from you, you can say yes or no or yes but I want more money.


Title: Apple’s faulty charging adapter tried to electrocute me; i lived to tell & today Apple started a global recall!

Question: [deleted]

Answer:
 >Any advice or recommendations are appreciated!

Follow the terms of the recall and get a new charging adapter.

Success.


Title: Dog killed another dog while leashed on my property

Question:
Yesterday I went to take my dog out. She was leashed and I opened the door to my apartment but neither me nor the dog had stepped out when my neighbors unleashed Pomeranian came into the door barking at my dog. My dog bit it and I believe killed it although I haven't spoken to the owners since the incident. I live in Alabama. She was still in my apartment and on a leash and the other dog was off a leash and barking and provoking her in the door of her home. Am I liable?
Topic:
Other Civil Matters

Answer: Update: my boyfriend spoke with the owner. The dog did die but they insisted it wasn't our fault and they don't blame us.


Title: We filled for divorce he filled for bankruptcy

Question:
I'm in the middle of a divorce with my soon to be ex hisband of 30 years (hopefully). After a year of collaboration style divorce we have not reached any real solutions. He has decided to file for chapter 7 bankruptcy on some of the bills, as well as shared assets. I don't know what that means for me.

We are divorcing in Massachusetts

Will his name be removed from shared assets and I have full ownership?
will I be stuck with the bills even if we have not  settled in the divorce?
On joint credit cards can I request he still be responsible in the divorce, if he filled for bankruptcy against that card?
Should I be getting a lawyer?

Answer:
 Yes.  Lawyer time has been reached. Answer #2: If your husband successfully files for bankruptcy then the creditors on joint accounts will likely come after you. So yes follow u/Zanctmao 's advice. I would not be surprised if your STBX already has a lawyer who advised this. Answer #3: Not an attorney but worked at a bankruptcy firm. This happens a lot after divorce since the debt cannot be sustained by one individual in the former partnership. Any joint accounts will be discharged for the petitioner only. You wil be liable for the debts alone unless you file for bankruptcy to discharge it too.

Depending on the stage he is at (I assuming you received the 341 notice ) there may be time to intervene if legally applicable (this would be something an attorney would have to advise you on). If your divorce had been finalized you could have a potential shot at contesting too if the divorce decree awarded him responsibility for joint debt.

As it stands (from what is provided) you are being informed as a codebtor. If you have any more complex issues you need to see an attorney. Pro se isn't recommended for bankruptcy as with most places of the law.

Edit:

*Not sure why this is being down voted.

*The husband and OP have the right to file bankruptcy.

*The husband is doing so.

*This means OP as codebtor is going to be responsible for the debts by herself.

*She needs to see a lawyer to see if there is anything she can do regarding the situation and joint liabilities.

Not really applicable to OP but  divorce decrees do sometimes award debt responsibility to an ex-spouse and it's a legal document that can effect a BK case.


Title: Is secreting a child a successful tactic in family court? (Kansas)

Question:
I haven't seen my daughter in six months.  The mother is secreting herself and my daughter so that I can't be in her life and to avoid the family court system.  The most recent order granted us shared residential custody, but she remains in hiding.  My attorney and I want to file a contempt of court against her, but since she's nowhere to be found, she can't be served.  It seems there's nothing that can be done until she is found.

I've hired a private investigator to attempt to locate her, but so far, nothing.  I'm worried that when she is finally found and we go to court, the judge won't do anything because of the amount of time my daughter has been with her mother without me, and would disrupt the "status quo," even though it's a result of her disobeying court orders.  I'm worried sick about this whole situation.  Is there anything I can do?

Answer:
 As long as the shared custody agreement was entered in court and signed by a judge, and she is violating that order, you should be in a good spot.  Even if she pops into another state and tries to file, the new state will defer jurisdiction to the home state.   Something very similar happened to me a few years ago, we had 50/50 custody, she disappeared and surfaced 3000 miles away and tried to file for custody, it took almost 4 months from her resurfacing but the old&new courts got together, gave jurisdiction to the old state and finally gave me full custody.

.

The best thing you can do is try to find her, search Craigslist for her cell# and search court records in the surrounding states and anywhere else you can think of.  Hang in there, right now is hell and despair but you've got the best position when it goes down Answer #2: Ask your attorney what to do.

Answer #3: Service by publication?

Not sure if this is something you can do.

http://kslegislature.org/li/b2015_16/statute/060_000_0000_chapter/060_003_0000_article/060_003_0007_section/060_003_0007_k/Answer #4: Amending:

No. Child support and visitation are considered by statute in Kansas to be two entirely separate matters. A parent cannot withhold child support to enforce visitation rights nor can a parent deny visitation to enforce child support. If a parent is being denied visitation, the parent can file a motion with the court, even without a lawyer, to enforce visitation. If visitation is being wrongfully denied, the judge can correct the situation.

http://www.ksbar.org/?child_custody

Just keep pursuing. I'm sorry about your ex being unreasonable.


Title: [FL] Landlord may have violated my privacy

Question:
I am trying to suss out whether it's feasible to file suit. [Redacted date] my landlord filmed me being brought from my apartment, down the stairs, and into the parking lot by paramedics while I was having a serious medical issue that landed me in the ICU.

It made not only me uncomfortable but my partner, my roommate, and the paramedics.

I assume I have a leg to stand on because this was on private property that I pay rent for and none of it occurred on a sidewalk, etc.

I haven't contacted the landlord. Should I call the police and file a report?

Answer:
 First:  What are your damages?

Being made uncomfortable is not something you can collect a settlement on.

Second, you have the same expectations of privacy as, like, any celebrity, or public figure who has mobs of paparazzi outside their resident at any time.

Your landlord could sell the video to national news outlets, and be viewed by millions and become rich in the process, and you still wouldn't really have any kind of claim against him.


Title: Need advice on Child support/custody hearing

Question:
Hi and thanks for any help in advance.  I am posting this for a friend who is not reddit savvy.  I hope I am not breaking any rules.

"Gave birth to my daughter approximately five years ago . Her father has not been in her life since the day she was born.

In January 2015, I decided to pursue child support. I had no way of contacting him, as I had tried his prior cell phone number as well as emails that I knew, therefore the only way to find him was to go through the DOR in MA.

Fast forward to a year and a half to April of 2016. He was scheduled for paternity testing (as he is not on her birth certificate) which he did not show up for, all three times. Court date was set for April 7th where he again did not appear, and he was then automatically adjudicated onto the birth certificate for failure to do paternity testing, and ordered to pay $214/week in child support. A date for June 2 was set, for a two-month review case as "sometimes when people start getting money taken out of their checks, they begin showing up."

June 2nd came, and he again did not. DOR then looked into his current earnings, where they saw he was earning an average of $2300/week (sales).

Last week, I received a letter in the mail regarding a motion he put forth to decrease child support payments. Court date is set for September 6, 2016. He has a lawyer, I do not. No custody order is present. "

She would like advice on:
-Possible shared custody?
-She declined to go after back pay before, is this an option now?
-Does she need to hire an attorney?
-General advice on what to do before the Sept 6 court date.

Thanks all
Topic:
Other Civil Matters

Answer: She needs to get an attorney so that they can line up everything that needs to be done procedurally to be able to use his nonpayment as leverage for the custody hearing.


Title: Do game wardens have different privileges than police officers?

Question: [deleted]

Answer:
 It's a very persistent Internet rumor that [doesnt have any basis in reality](http://m.statesman.com/news/sports/leggett-game-wardens-powers-shrouded-in-mystery/nSspp/). Game wardens are subject to the same constitutional requirements of any other police.

Their might be restrictions on your hunting license which require you to do certain things, but they certainly can't perform warrant less searches of residences.


Title: Father was set to inherit, but now what?

Question: I found my father last night when going to visit him. He died at 42. My grandfather passed a few years back and since then it was an ongoing battle between my father and his siblings when it came to the estate. My understanding is that everything had finally been settled, checks drawn and just awaiting final signatures for funds to be dispursed from the probate lawyer. Since my father passed before dispursement of the checks does this mean that my fathers inheritence will be dispursed between his siblings or does it go to me as his next of kin? This is in MA if that helps. Just not sure what the next steps are here, should I contact the probate estate lawyer today and tell him what has happened? I dont want to sound money grubbing but I know that my dad would want me to have it and not let his greedy siblings get their hands on it.

Answer:
 I'm sorry for your loss. Your father's inheritance will most likely go to his next of kin. Your father passed away after your grandfather. That's what matters to the law, not whether or not the probate of your grandfather's estate was finalized before your father passed away. Answer #2: I can only speak regarding Texas law.

Since your dad died after your grandpa, your dad's estate is the beneficiary. Does your dad have a Will? If so, then your dad's Will controls who is going to inherit his portion of your grandpa's estate. If your dad did not have a Will, then the rules of Massachusetts intestacy control who inherits (which probably means your mom (if married to your mom) or you (and your siblings)).

Yes, you should contact the probate attorney to let him/her know that your dad died so that they can change the beneficary. The bad news is that you may now have to probate your father's estate to be able to transfer everything in accordance with your father's Will.


Title: (US-GA) My SO was given a car by her father and he was making the payments on them (car was sold by an individual, not a dealership). In whatever contract they signed, he said he would fix the AC. -->

Question: So I dropped the car off with him one weekend to get the AC fixed, and now he is refusing to give it back. Apparently her dad is behind $600 on payments on the car. Fine, ok, I get that. Thing is, I had to replace the battery in the car which cost me $135. So, that battery is mine, right? Am I allowed to go and get the battery, along with other personal belongings that are in the vehicle? As a side note, when I replaced the battery, the one he had in there was for a lawn mower or something, it was half the size it should have been.

Answer:
> So, that battery is mine, right?

Probably not. When you install a part in a car that is necessary for operation, it is generally treated as melding with the car and they are one item. It'd be the same thing if you replaced the brakes or anything else necessary for safe operation.

Even if this is a time where that doesn't apply, you owe him a car with a working battery. I highly doubt you still have the old battery, so you'd still have issues.

> Am I allowed to go and get the battery, along with other personal belongings that are in the vehicle?

No. See above for the battery info. As for the personal belongings, you would have to get permission. If he doesn't return them, you'll have to sue him for them.


Title: Help! I'm a foreigner and might've been scammed by a hotel company during my trip to the US

Question:
I've recently been to the US for a month and had to book a hotel last minute in San Francisco, CA. When I paid for the reservation with my credit card, I noticed I was billed for 100$ more than the deal I'd gotten online, which I was told was a deposit that would be returned to me had there been no damages to the room. Fast forward one month and I have not been refunded nor even contacted by the hotel whose staff will not respond to my e-mails. I need this money back ASAP but am already back home in another country. What should I do?
Topic:
Non-US

Answer: Contact your credit card company and dispute the additional amount


Title: I think my friends dogs killed my kittens.

Question:
I have a friend in my neighborhood I've known for 10 years, we've always been close but I rarely see her now. She has 3 adult dogs and is fostering puppies, rarely her dogs somehow get out of the fence but they're very friendly and would probably never hurt a person; but they do attack other animals. My friend says 2 of her dogs were rescued from fight pits so I assume that's why they do that.

I also have a dog who escapes often but doesn't attack humans or animals but just roams around greeting neighbors and exploring the woods behind my house. One day while my friend was walking 2 of her dogs my dog ran up to her because she really likes my friend and her dogs attacked mine and hurt her. I let this slide because my dog was fine in a day or too and she wasn't meant to be outside anyway.

A few days ago her 2 dogs from the fight pits escaped and quickly found there way to my yard, most likely because they know us and we have 5 cats that go outside and 1 stray that had 2 babies in our yard. We have been feeding the stray for over a year. I was in the kitchen by the back door when I heard rustling leaves outside and I knew it was a dog because all the neighbors dogs escape and come into the yard and chase my animals. I ran out there and saw the two dogs; out on my back porch there is a decent sized hole in the wall that leads under the house and this is where the stray and kittens stay, this time I didn't see them there so I assumed they ran into the hole. I calmly lead the dogs to the front yard and try calling my friend and texting her and she doesn't answer. I looked at the dogs snouts for blood and though their snouts were slightly pink, I couldn't tell if it was blood or their pink skin (their hair is short), my mom doesn't think there was blood. Me and my mom shoo the dogs away and they run around the rest of the neighborhood. I keep trying to contact my friend with no luck and we get all the cats inside that we can. I still hadn't seen the stray, her kittens, and one of my other cats. Later that day my friend finally texts me and says her mom got the dogs and I find my cat, but still no sign of the mom and kittens.

The next day the dogs got out again and came to my yard again. This time they caught one of my cats but my mom stopped the dogs and my cat got away, and mom made the dogs go away but the cats wouldn't come back inside. I was with friends at the time and headed home once my mom texted me what happened. I came home and searched for the cats filled with adrenaline and found all of them safe including the mom, but still didn't see the kittens.

Me and my friends start walking around the neighborhood searching for the dogs to take them home because my friend didn't respond to my calls and texts again. I don't see the dogs and walk to my friends house and talk to her mom. I informed her her dogs got out again and asked if she got them and she said she did. I explained to her that her dogs have been trying to attack my cats and I understand how difficult it is to keep a dog from escaping sometimes but that I'd like them to try their best to not let it happen again. She said she was trying and she apologized and I left.

Its been around 2 days and the dogs haven't gotten out again and I still haven't seen the 2 kittens. I already know them being dead is a possibility but try to just think the mom just moved them. This morning I went outside through the back door and immediately smelled death. I walked to the hole and the smell became stronger and there were flies around the entrance, I looked in the hole but didn't see any bodies. Note I didn't go inside, I just looked from the outside. I came in a told my mom and she said she thought she heard a kitten meow in the front yard but when I checked the place that she heard it there was nothing there.

I am not sure what to do and I don't know if the kittens are dead or not but they probably are, at least one anyway. I want some justice but this is my friend, and I'm not sure what to do. I feel guilty for my lack of action in protecting the cats more and I don't know whis in the right or wrong or if there is anything I can actually do.

Answer: You keep referring to the mother cat as a stray.  If so then they aren't your kittens.  Also you have no proof that the dogs did in fact kill the kittens.  IF the kittens are dead there are any number of predators that can kill stray cats that live outside.  So I am not really sure what your legal question is.


Title: School experiment

Question: I am a high school student that is planning an experiment with other students. I am planning on giving around 20 students protien shakes. I am 18, but my instructor and I were wondering if there was any repercussions of human experimenting that could get us in trouble. Any help?

Answer:
 Are you making these protein shakes yourself? Buying them from a store? Are the parents of these kids giving consent and agreeing they won't hold you financially responsible if your shakes make the kids sick?

High schools don't have institutional review boards for safety and ethics, so experimenting on people is a horrible idea.


Title: [Georgia, USA] Legal question about being publicly humiliated in National Retail Location

Question: [deleted]

Answer:
 >As I was checking out, the store manager was called over, and told me he could not honor this voucher due to fraud, basically calling me a criminal in front of a line of other consumers waiting to check out behind me. He said he would need to photocopy this voucher and I could come back tomorrow.

I'm pretty sure he wasn't calling you a scammer, but that there are lots of fraudulent vouchers floating around so he had to verify its validity. He even asked you to come back the day after to pick up the product if it checks out.

No you can't sue anyone.Answer #2: How/why did your receive these vouchers?  There is a lot of fraud with these.


Title: Is my company allowed to fire me for calling off sick?

Question:
I work for a small business that offers PTO for sick days and vacation days. I need to use one of my accrued sick days for work next week for a doctors appointment that was able to squeeze me in months ahead of time. My boss will not approve this sick day, saying they are understaffed (which is not true AT ALL). He then told me if I call in sick that day, it is grounds for being fired and I will be replaced. I was in shock: I have earned these sick days and now he is threatening me and I was wondering if this is legal? I have only called off one time in the 15 months I have worked here, and always arrive to work 15 minutes early.
Topic:
Employment Law

Answer: You most likely are in an "at will" state. Yes they can fire you.


Title: [California] Girlfriend works for a place that doesn't pay the required extra when she misses her lunch break from being too busy. Manager claims they don't have to because the company is based out of Montana

Question:
Am I right to assume that this is complete and utter bullshit? The working laws are based on the state that the employee works in, not the state the company is originally from, correct? The building is in California, she works in California, and pays California income taxes.

She repeatedly misses her lunch break at least once a week, working 7 and a half hours straight and when she asked about the missed meal period (because I pushed her to do it since it's unfair) the response from her manager was that they don't pay it because the headquarters is out of state.

Answer:
 Yeah, that's not even close to legal.  The business is in California and thus is subject to California's laws.  [This](https://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm) site will give you more specifics about what to do and has a link about halfway down with where to file a complaint.

Keep in mind that although California has protections against retaliation, it still takes time to go through that process and in the meantime she would be without a paycheck.  The safest bet is to start looking for a job ASAP as well.


Title: TX- I think my brother is a pedophile, but lack real evidence

Question:
I have an older brother who has made public statements on his Facebook that seem to implicate pedophilia, but I am not sure if this is enough for the police to begin an investigation. Am I making a mountain out of a molehill or will this be taken seriously?

Long version- I have an older brother who is currently 34 that I have recently been in contact with after 2 years. When he was 32 he was found to be dating a 17 year old girl. Her parents put a stop to the dating, however no charges were pressed as she was old enough to consent. However the entire affair caused a fight within my family and my brother cut off all contact with myself, our parents, and our younger sister for two years.

Last week one of our grandparents passed away and my older brother reached out to me via Facebook. After chatting I began to look through his posting history and found a lot of unsavory things. He has made frequent comments in the vein of "old enough to bleed, old enough to breed." He often posts photos of underage actresses, nothing pornographic, just stills from movies they have been in or photos from the red carpet events, but with comments about how "hot" they are and how he would like to "get his hands on them."

The most recent is a rant he made shortly after a cousin was married, in which he states that men should only go after "pure" girls who can be "trained" and claiming that adult women are too "broken" to marry. He has frequently posted links to stories about high profile divorces and made comments such as "This is why I want a girl I can mold, not some washed up crone." <--That is his actual comment to the Antonio Banderas divorce.

I've spoken to our parents and they feel he is just making comments, not enough for the police to be concerned. However I have a sinking feeling in my gut that something more is going on. Are Facebook posts enough to begin an investigation, or am I just overreacting?

Answer:
 > Are Facebook posts enough to begin an investigation, or am I just overreacting?

Unless you have actual evidence that he's abusing underage girls, there's nothing to go on here.  The police can't dig around in someone's life to find something to charge them with.

It's not illegal to be attracted to underage girls.  It's not illegal to post photos of underage girls.  It's not illegal to say "I want to have sex with underage girls!"  None of that is evidence of a crime.


Title: Private car park fines...are they legal or scams?

Question:
I seem to be always getting "fined" in private car parks for slightly overstaying the allowed time or forgetting to display a ticket on my dash. This is how fining like this gets treated by the law in Australia:
http://www.linkedin.com/today/post/article/dastardly-car-park-fines-should-you-pay-mark-robert-bradbury?trk=prof-post

(I know very amusing!!! ) Seems you really have to prove liquidated damages. But is it the same in the US where I am heading to for 6 months. (AUS)

Answer:
 No. Most lots will just tow your car.

Colleges will fine you and generally can enforce it through the DMV or by holding your transcripts.


Title: Nothing but hearsay with no evidence

Question:
How and why is this possible? Short version.. a cop took and received nude pictures of an underage girl. This girl also claimed rape before but it was proven a lie . Charges were pressed yadda yadda. The underage girl claims an acquaintance of hers, who is closer to her mom than herself, and knows the cop convinced her to send the pictures to the cop and took the pictures for her. The acquaintance also wanted a three some with both.

The third person, the acquaintance? There is no evidence whatsoever that she was even involved.

The cop plead guilty and is a witness against the third person, and is also claiming that they were involved.

How has this gotten so far? I know the third person, she is a close friend of mine whom I have a lot of trouble believing she was involved. She has a daughter the girls age ffs. She's facing a long time in jail because two people just claim she was involved with no evidence at all? I've read the papers myself and there's nothing that even suggests a third person.

Can someone explain how this is happening? Also what my friend can do to avoid a long incarceration due to a horrible and i mean horrible bs legal system.

Answer:
 Let me see if I've got this right...

Two people, an underage girl and a police officer, are in trouble for what I'm assuming are possession and distribution of child porn.

They both claim that a third party, your friend, was involved in these illegal actions. They even go so far as to say that she masterminded the whole thing.

However, no physical evidence exists linking your friend to the crime.

Oh boy. First off, the testimony isn't hearsay at all. A minor is accusing an adult of very serious crimes, and physical evidence exists that those crimes occurred (the pictures) but do not implicate your friend (she isn't in the pictures).

Has your friend hired a lawyer?

Has your friend been charged yet?
Answer #2: Have you read all the relevant police reports? Have you listened to the court testimony for the case?

If not, then you have no idea at all as to what evidence there is or is not against any of the suspects.


Title: Worth filing a small claims case against coworker who broke my cell phone?

Question: Was off the clock texting at work last night when another employee walked over, tried to take my phone without my permission and when he pulled it, it dropped and the screen cracked. He's refusing to pay for anything and says that it was an accident and hes not responsible. Do I have anything worth going after? My job is saying they wont be able to get it fixed and that its between him and I to get it figured out, but he refuses to do anything. What should I do?

Answer:
 Having the screen fixed should cost less than $100 and the time and effort involved in small claims will probably not make that worth pursuing for any reason other than the principle of the matter. And that assumes that you would be able to easily enforce the judgment after winning which is questionable.

But yes you likely have a valid claim.


Title: [GA] I have evidence of my dad purchasing 20 high level THC vape cartridges. And he is planning on selling them

Question:
(This is my first post on this sub) I'm only 15 but I have evidence of my dad buying the cartridges and the sellers plate. But this isn't the first time I've been with during his "deals" he once bought 20 40oz glass jars full of weed. I really want to report it but I'm scared that he will do something. And I've tried to tell my mom about how I don't feel safe around him hes a bad driver and a druggie sometimes being high while driving, and by sometimes I mean all the time.

What can I do?

Well this is the end sorry about my grammar

Answer:
 Have you first considered telling your dad how you feel, and politely yet firmly saying youre not okay with it and dont want to be involved? Try that first, it may solve everything. The next step would probably involve your mom, followed by the police if that fails.
This is assuming marijuana is illegal in your location.


Title: [FL] My apartment has a mailbox with a new key lock. Post office says it’ll cost $25 to get me a new set of keys.

Question:
Do I really have to spend money to access my own mail? When we first moved in, the lock was busted so we were able to just open up the door and get our mail. Then over the last week they replaced the lock and told us we need to pay them for keys. Is this legal?
Topic:
Landlord Tenant Housing

Answer: Yes.  What else do you want to happen?


Title: [IL-Chicago] Is It Illegal to carry an Exacto Knife, Scalpel, or an Assisted-Opening Knife for protection?

Question:
Hey, I'm in Chicago and I'm thinking of getting something for self-defense. I know official Chicgo law states that blades of any knife must be under 2.5 inches and that certain knives aren't allowed to be owned or carried at all.

But are Exacto Knives, Scalpels, or Assisted-Opening Knives among them? I know switchblades aren't legal, but technically Assisted Opening Knives open with a spring mechanism after they're already opened a bit like a folding knife.

I guess what I'm asking is, are any of these three knife options legal for me to have or should I go with a basic folding knife?
Topic:
Criminal Law

Answer: Unless you are *highly* trained (and I mean hundreds of hours of practice), using a small blade for protection is a fool's errand.   A whistle and pepper spray would be both more effective and far less likely to get you killed or injured.Answer #2: Sounds like a good way to make a robbery turn into a murder.


Title: [CA] Must a STOP sign be present for a stop to be a... stop?

Question:
First: this is not about a non-visible stop sign. This is about a sign not being there at all.

I've read in a few places that a stop **sign** must be present at a convergence of two roads for it to be considered a legal stop, but I have never seen a source for this information. Thus if the word STOP is painted on the ground but there is no posted sign, a vehicle is not required by law to make a full and complete stop before continuing through the (not-) intersection. I am hoping to find a section of the California Vehicle Code or other applicable legislation that either proves or disproves this information.
____________________
I have been informed about CVC § 21804, which in this case seems to conclude the other vehicle had right of way so my issue is resolved. I am curious about the stop sign thing, though, so that question still stands.
____________________
Explanation of my situation: I understand simply not stopping is unsafe, and I did actually come to a complete halt. I was exiting an alley onto a roadway where vision was blocked by a telephone poll and three large trucks parked in a row on the side; neither I nor the other involved driver could see each other for at least 50 feet before the intersection. After stopping, I nudged myself into the lane to gain visibility; *this action resulted in the side of his car just scraping the nose of mine instead of a complete t-bone.*

The oncoming vehicle was speeding at least 10 mph above the posted 25 mph speed limit and produced skid marks 20' in length. The insurance company claims the oncoming vehicle had right of way because of the STOP written on the ground in the alley I was exiting despite there not being a sign. I claim we have equal right of way because of the visibility, and his speeding puts him at fault. At 25 mph he would have been able to avoid me, after I did everything I could to avoid an accident.

Answer: Alley has to yield to main Street.


Title: HR Department completely useless. Need other options in Delaware.

Question: So my fiancé works with a woman who is supposed to be teaching her about her job. She has been working with this woman for several months and at every turn the woman seems to be stopping my fiancé from learning. Either by withholding information or doing small things herself, or by being flat out uncooperative and hostile. My fiancé has reported her coworker to HR several times and nothing has come of it. It almost appears that the HR department is protecting this woman rather than dealing with the hostile work environment that she is creating for my fiancé. Is there any type of legal recourse against the company or the coworker. My fiancé is at the point where she would rather leave the company she's been with for years than spend another day dealing with a woman who makes her life hell.

Answer:
 Your fiancee is not entitled to pleasant co-workers.

It's not illegal for this woman to be a raving rude lunatic.

What you've described is not, by any stretch of the imagination, a hostile work environment, not in the legal sense anyway. Read [this](http://www.wisegeek.org/what-is-a-hostile-work-environment.htm) for more information about a hostile work environment. Generally, the harassment has to be targeted at someone due to their membership in a protected class.

>she would rather leave the company she's been with for years than spend another day dealing with a woman who makes her life hell.

That sounds like a good option. If she is unhappy, she should leave. She is not going to have any luck pursuing this through legal channels.

There is no law that requires that employers make their employees happy.


Title: Was terminated due to down internet

Question:
I had just gotten a new work at home job and this past Tuesday my orientation. It was 8 hours long and about 2 hours in my internet went out. It was out for 3 hours due to maintenance. When it came back up I immediately logged back into work and was told by the trainer that I couldn’t finish that day. I asked if I’d have to send all the equipment back and reapply, she said no and that usually they’ll just have me start on the next training session.

So, over the next days I called to get an update and was just told someone would reach out. Finally yesterday I got a call telling me they’d be going over some “end of employment” thing. I was surprised, told them what happened and what I was told. He just said he wasn’t sure why the trainer told me that and that they’d be sending me out shipping labels to send the stuff back. Great.

I left my old job for this one after I was officially hired. I now have no job due to the internet being down. Nothing I could do about that. I totally understand not missing time so early on, but I would honestly have thought that being work at home, they know that those types of things can happen. Guess they know, just don’t care. And I’m also upset because I thought I still had a job according to my trainer. Anyway, I wanted to know if there’s anything I can do at all about this? It’s also an at-will company.

Answer: I work full time from home. I have a minimum of 2 internet sources at all times and quick access to a cafe in dire emergencies so stuff like this doesn't happen. That's what you need to do when you work at home. You were unable to perform the job and the fact that it happened on your first day made you look incompetent. Outside of some kind of contract, which is highly unlikely given your location, yes, they can fire you.


Title: We're stuck at our apartment

Question:
In NJ.  We're currently renting an appartment, but no longer wish to stay there.  Our lease ends in December, but it always seems that all the good rentals pop up either halfway into our lease or a few months before it's up.  If we were to break out lease, it's a $1000 penalty fee and the contract states that we my still be responsible for rent.  If we did a month to month contract, it's 10% on top of our current rent (we can't afford that).  If we went 6 months, it's also extra.  The complex management is out of a lawyers office and all of their terms are pretty much seamless.

It seems like this apartment complex makes it neigh impossible to leave other than EXACTLY on the day your lease ends.  I feel like we're stuck here.   It also seems that all the good rentals seem to never pop up towards the end of our lease.  Is there anything we can do, or are there any loopholes that we could take advantage of?

Answer: Get a cheap month-to-month somewhere else while you look for a longer term place?


Title: Where do lawyers research from?

Question: Is there like a website or something? Sorry if this is a stupid question.

Answer:
 Electronically - Westlaw, LexisNexis, Fastcase, Casemaker, maybe a half dozen other nationwide online services, and a plethora of state-specific services provided by bar associations and continuing legal education organizations.

Hard copy - West's case reporters, Shepard's Citations, and countless legal encyclopedias and topical practice materials like Corpus Juris Secundum, Federal Criminal Practice, Collier on Bankruptcy, White & Summers Uniform Commercial Code, etc. A lot of the hard copy stuff is also available electronically.


Title: Pulled over, now have to appear in court?

Question: [deleted]

Answer:
 These are not just "fees". You have been arrested and charged with multiple crimes. The cop just decided not to take you into custody. You lucked out.

You need a lawyer. If you cannot afford one, go to court, plead not guilty and ask for a public defender. This is no joke. Having a criminal record can effect the rest of your life.


Title: [MA-US] Friend was falsely accused and was found innocent, does he have any recourse to remove aggressively written news articles against him?

Question:
A few years ago my friend was accused of child molestation (I'll leave out details for the sake of protecting his identity) and it became woefully obvious the parents were just seeking out a civil suit and forcing their child to lie.

One issue that came up recently when he was talking about it with me is he is extremely hurt by certain local articles that still have his image and name up linked to the case but not that he was innocent after the fact, some of which were written quite harshly against him when the news first came out.

Does he have any legal recourse to have those removed or does he just have to leave it for future employers/others to find. It's something I never thought of and clearly really affects the poor guy.

Answer:
 Best thing you could do is help him hire an seo firm for online reputation Answer #2: Take a look at the [right to be forgotten](https://en.wikipedia.org/wiki/Right_to_be_forgotten) and how it's implemented in Europe. If you do a minimum of thinking, you'll see why this is a) a horrible idea, and b) impossible to implement.

As /u/thepatman points out: Facts are the defense against libel. If the articles were libelous, then your friend has recourse. If not, there's nothing to do.


Title: Wife collects unemployment every summer because her contracts are August-April but continues to teach dance while collecting unemployment. Is she breaking the law?

Question:
First off, we live in Ohio.

My wife is a professional ballet dancer in our city's ballet and has been in this profession for several years now. Contracts in the ballet are from August to April each year, leaving a few months of unpaid time during the summer. It is commonplace for dancers to file for unemployment during this time, which I see no problem with. She had been doing this before I met her when she was in a different state's company, and says that most people opt into doing this.

However, my wife also teaches ballet at two different studios part time. She doesn't teach too much during the summer, but still obviously makes money from this while collecting unemployment.

My question: is this breaking laws? I'm wondering if maybe you have to make a % of your base pay before not being able to qualify for unemployment anymore.

Thanks in advance!
Topic:
Employment Law

Answer: I’d be more concerned about if she meets the requirement of actively seeking full time work.


Title: Renting troubles. Need advice now as this is a situation that is going on currently.

Question:
Okay, this is going to be somewhat lengthy. Sorry in advance.

Ive recently been in an argument with a contractor who hired the nephew (who, I was told was her brother, and it is now obvious he had no prior experience) of my landlord to do a stucco wall repair following a pipe repair that left a large hole under the sink to the outside of the townhouse my friend and I are renting. I have the texts saved and locked with dates and times to prove what I'm about to say but as to protect identities of the parties involved will not be linking pictures of the text. Names will be replaced with "-----" with description of the person in parenthesis.

The repair was shoddy and a mess was left. They guy had left the entire mess to be rained on staining the tile in stucco residue on the back patio. I texted the contractor letting him know the guy he brought over, introduced to me, and showed what to do in the back area to repair the wall, had done a less than sufficient job at the repair, and didn't attempt to clean up. This was the text:

"So your guy made a mess out of the back patio. There are stucco stains all over. I was going to attempt to hose it off but the hose was damaged as well. Also, I dont feel its my place to clean up after him.
02/14 9:43 AM"

 I got no reply, but the guy who did the repair came by unannounced, entered my back gated area, and started cleaning at 4:00 PM. He knocked asking for a screwdriver to which I was happy to provide and continued cleaning. He cleaned the mess and left, again, unannounced. Its not perfect but its much better than the condition it was left in. Then about an hour and a half later I got a text saying this:

"Hey Bitch he's not my guy but one of ur landlords close friend s. So ill pass this along and hope -----(no clue who that was) and -----(name of repairman) leave you in one peice after they drag you thru all the dog shit that we had to walk thru to even look at the repair. I've known -----(landlords name) for 34 years and its my recommendation she takes ur negative attitude seriously.
-----(text signature of person texting)
02/14 5:22PM"

To which I replied:

"Well for one I wasn't being negative, and two, that was very rude. I assumed he was your guy since you brought him over here. And I'm not okay with you threatening me.
02/14 5:36 PM"

Then one minute later I added this:

"Also, He came over and cleaned it and did a good job of it too. I don't see why you would even be texting me.
02/14 5:37PM"

It was then my roommate informed my landlord of the matter. She forwarded me this:

"-----(name of roomate) I apologize the cleanup after stucco repair was not sufficient. Today was the first I heard of it from ScoobyD00BIEdoo's text. I told -----(repairmans name) to go over immediatly and clean and he did. He sent me photo. He said it started to rain at the vcompletion of job which is why there was stucco residue. He should have gone back the next day it didn't rain to hose down. Can I ask you a big favor. Can you and ScoobyD00BIEdoo go direct to me only for everything or anything you need.
02/14 9:56 PM"

I was asleep when this was recieved and replied when I woke which stated as follows:

"Yes that's fine, I just really don't appreciate threats of being called a bitch for that matter. This is really something I'm not okay with and feel nobody would be if in my position. I'm going to save the texts just incase any transgressions do happen to arise as I feel a tad unsafe in the place we're renting. Nothing I said should have provoked an angry response, least of all threats. I was surprised getting that text seeing as how the issue was resolved over an hour prior to the said text. I think it was very unprofessional.
02/14 11:49 PM"

While texting all of that out I recieved a text from the contractor, it read:

"I'm not threatening u. How dare u try to dismantle friendships and my work ethics . I have no respect for punks who start trouble and game all day in a dungeon. Don't ever contact me again or I will turn u into the authorities for harassment . Ur nothing and disrespectful to try and make me and -----(name of repairman) and i I look negligent. Look in the mirror looser.
02/14 11:46 PM"

I texted the landlord after reading saying:

"I wasnt going to press it further but I just recieved another angry text from him
02/14 11:50 PM"

I reread the text and messaged her again saying:

"He says there were no threats but clearly there were. I was thinking of letting this lie but now since it seems I'm being turned into the authorities I'd rather them get the story straight. I do not appreciate this stressful situation
02/14 11:57"

Then I replied to the contractor:

"I'm no punk nor am I trying to dismantle anything, you're doing that yourself. What I said was in no way out of line or deserving to the reply I received. And the fact that you're still texting suggests to me that you're still not grasping that. The name calling is completely inappropriate and I do not appreciate the rude texts at such a late hour. If you're wanting the authorities involved so be it. You'll be hearing from them within the next few days.
02/14 12:05 AM"

To which he replied:

"I've forwarded ur msgs to a friend at hbpd for last time leave me and my family alone
02/15 12:07 AM"

To which my final reply was:

"You're the one who texted me antagonizing further. I suggest you stop being childish as this isn't the way the world works. I've done nothing to you or your family so there's no reason to say I am. You're clearly in the wrong here sir and I'd appreciate it if you'd stop texting me so late. We'll deal with this in the morning.
02/15 12:23AM"

After that I was up in anger at the stupidity of this guy, not able to fall back asleep. When my roommate awoke today he informed me that he didn't send the texts from the contractor that I sent to him to the landlord as he said he would do the night before so I did so myself after texting her this.

"I want you to know that I'm not angry with you or your brother.(I found out from the roommate who spoke with her on the phone that the guy was her brother) You guys did nothing wrong.  Your brother did the job, and came by and cleaned up when mentioned. I'd like to forward you the texts so the information is all out there. There are no bad vibes between us, only -----(the contractor) and myself. Sorry to text this so early.
02/15 9:38AM"

Then I sent screenshots of the texts between me and the contractor one minute later and received a text saying:

"Thank you
02/15 9:39 AM"

I replied:

"Not a problem. Sorry for the unintentional drama.
02/15 9:40 AM"

Then added:

"Also, I never contacted the authorities in the matter, I wanted to speak with you first since I now know you were trying to help your brother out with work. Its not my intention to get anyone in any trouble, but the fact that I was threatened to be drug out of the house while it was just me and ----'s(roommates name) 4 year old here doesn't sit right at all with me.
02/15 9:46 AM"

I then received a text over an hour later from her (landlord) stating ths, and this is where my problem lies:

"ScoobyD00BIEdoo, This dispute is now between you and -----(contractors name). I have done my job as a landlord and repaired and cleaned as you requested. I have asked -----(contractors name) and you to please stop communication, but you are both grown men and will do as you please as you both have demonstrated. -----(repairmans name) is my nephew and I used him for the repair not -----(contractors name) because he did it for no charge and I'm a little short on money. -----(contractors name) brought him over to show him how as a friend and left and had nothing else to do with the job. I hope you two work it out, but please know, -----(roommates name) and I have nothing to do with the drama. My lease contract is with -----(roommates name) not with you.
I wish you the best.
02/15 10:53AM"

To which I replied:

"Again, sorry for the drama. I didn't mean for any of this to fall on you which is why I texted -----(contractors name) about it. I only texted you about it after reading your text stating 'go directly to me(you) only for everything you(we) need from now on.' and after he replied again negatively, with intentions being letting you be aware of the situation, nothing more.
02/15 11:52 AM"

I then finally added my last text which read:

"And to be clear as the co-signer of the lease I am in fact part of your lease contract. Please don't take anything I've said to you or him negatively as it was not my intention. But I do not appreciate you saying that.
02/15 11:32 AM"

To which she replied:

"ScoobyD00BIEdoo. What exactly do you want me to do as a landlord? I'm confused
02/15 11:41 AM"

I left it at that and sought advice here. What should be my next course of action? I do not feel safe in the current place I'm living and the fact that she tried telling me that I'm not part of the lease contract makes me think somethings up..

Please Reddit legal advice, I beg of you, what should be my next course of action?

Edit: I wasnt aware quotes would force all text onto one line, sorry for the inconvenience. To scroll over easily without the click and drag of the bar simply click inside the text window and use your arrow keys to go right and back left. Again, sorry!

Edit 2: Deleted the 4 spaces before quotes as informed it would make this easier to read.

Answer:
 OMG **LET IT GO!!!**

Yes, the contractor was a douche but he did not threaten you. You have nothing to worry about. LET IT GO. Your landlord seems very reasonable. You want your pound of flesh from the contractor and its only making things worse. The repairs are done to your liking and you never have to speak to the contractor again in life. LET IT GO, live happily. Landlord is doing nothing shady but is tired of dealing with you and prefer to deal with your roommate (who I am guessing is less dramatic).


Title: Burn ban

Question:
Hi all,

So last Friday there was a burn ban in effect in my state and some high schoolers decided to have a bonfire. There was alcohol and weed at the party, but my friend didn’t consume. He didn’t start the fire, aid to progressing the fire, he basically just stood around. And after an hour or two he left. Can he be charged with anything? (PS we have no “legal duty to act” law in my state)

Answer: Yeah you could theoretically be charged after the fact. “No duty to act” doesn’t apply here.


Title: I recently broke up with the father of my unborn baby, and it's getting ugly. Please help me.

Question:
I was told by r/babybumps to post this here. I'm not familiar with this sub, so please bear with me.

Ok, a bit of backstory first. I am recently divorced, and have two daughters (ages 6 and 4) with my ex-husband. I dated a guy for about four months after my divorce, and we accidentally got pregnant. Soon after discovering I was pregnant, I realized I didn't want to be in a relationship with the father any longer. I tried to stick it out, and make it work, but I'm not in love with him. I stayed in my marriage for as long as I did "for the kids sake," and I'm not doing that again. Maybe it makes me selfish, but I think I deserve to be in a relationship with someone I'm in love with, someone that truly makes me happy.

Anyway, since the breakup, the father has turned very mean, and negative toward me. He's turned his family against me. I understand that he is hurt and angry, but he's literally bullying and badgering me into agreeing to a custody arrangement NOW. (I'm only 16 weeks along, btw) And he's not even willing to budge on what he wants. He is demanding 50/50 equal time, right off the bat. He lives in another state, which means he wants to take my breastfeeding newborn from me, to another state three hours away, for a week at a time. Is it just me, or is that just insane? I've tried to explain to him what a bad idea that is, but he won't relent. He says he can just give the baby formula, that it's not imperative that it be breastfed. He also has ZERO experience with a newborn, and lives alone where he is, with no friends, family, or support system. His family all lives in the same state as me.

I don't want this to turn ugly. I just got through a very ugly, bitter divorce. This is just too much. I'm so stressed out and upset that I'm wishing I weren't even pregnant. This baby didn't do anything to deserve this. I don't know what to do.

For reference, I live in Delaware, and he lives in Virginia. If you need any more info on the situation, please let me know.

Answer:
 Tell him you will be happy to let a judge decide the custody after the baby is born.

He won't get 50/50 off the bat but will eventually if that is what he wants. Generally they start giving more time at the 6mo mark.


Title: I am 16 and shot my "friend" with a metal co2 bb gun and it penetrated his hand, his parents are pressing charges.

Question: [deleted]

Answer:
 1. His parents cannot "press charges", only the police/prosecutors can do that. The victim (or his folks in this case) can file a police complaint. The police may or may not investigate -- *though in this case, I suspect they will* -- and if there is sufficient evidence, the prosecutors will file criminal charges against you.

2. You pointed a gun at your friend and then *SHOT* him? Did you think guns were not dangerous? What did you think was going to come out of the barrel when you pulled the trigger? ...rainbows? ...a flag that unrolls and says "bang"?

3. What is your legal question? What to do? Get a criminal lawyer. Don't answer any questions unless your lawyer is present. Stop playing with guns as if they were toys. If/when the parents (or their insurance company) sues you and your parents for damages, get a civil attorney to defend you.Answer #2: I cannot comment on your possible criminal charges, but you learned a valuable gun lesson.  Never point and fire a weapon at something you do not intend to kill.Answer #3: It doesn't really matter where you bought the gun or even what model. You shot and injured someone. In addition to criminal charges his parents can sue for medical expenses, time off work, etc.

You need a lawyer.Answer #4: "I'm in Canada"

This is useful.

"I bought it on Amazon. It's a blah blah noise".

This is not.

Congrats. You have inflicted bodily harm. You have broken the law. You can be charged and sued.

Get a lawyer and throw the gun out before you do something ever dumber.Answer #5: convince your friend that it is stigmata Answer #6: Tell your parents and get a lawyer if they file suit.


Title: I’m 17 year old arrested for possession for weed. Is it possible for my school to find out?

Question: I live in Ohio. I go to a private school on scholarship that has a strict no drugs policy. I was pulled over while driving 2 days ago and eventually arrested and charged for a small amount of weed that was in the car. My family is currently trying to get the charges dropped but I’m so worried that my school will find out and I will get suspended or have my scholarship revoked. Is it possible for them to find out since I’m a minor? Need advice!

Answer: Yes it's possible.


Title: Colorblind Nurse

Question:
Hello,
I a new graduate nurse. I have applied to this hospital in Ohio for the position in the operating room. I had a great interview and was given a job. The HR stated that the job was mine "temporarily" until I pass the physical, background check, and drug test.

I did not pass the vision test, specifically Ishihara test (color blind test). I was told by NP who was administering the tests that it shouldnt be a problem as she never across anybody who was denied employment. About a week later I was contacted by HR and told that it may look like I  will not be able to work in that capacity. After talking on the phone and explaining that I have never had issues during school or life with color issues she was told that they would have to talk to manager/HR about me. A week later I was told that they were still talking to their legal department.

A week or so later I was given to another HR who according to her is in charge of main new graduates. I went to two more interviews and have applied to numerous other positions. I am continually denied new grad positions without much explanation and just refusal automatic letter. When I try and talk to the HR person I was assigned she states that I do not have neccessarily experience or something special they are looking for that position, even though on the ad it does not specify that anything else is required BUT being a new graduate.
The two interviews I went to did not pan out either. HR person told me that one floor was interested, but she will have to talk to the manager more and see what kind of accommodations they may do for me. She did not specify what exactly those accommodations entailed. She stated that manager went on unexpected vacation and have not contacted me in three weeks after that.

Until yesterday I had yet another letter stating that I should attend new employee orientation. I contacted assigned HR person who stated that was a mistake email, since I have not been taken of of their "hired" roster and should not be attending the orientation. She said that she is still trying to figure out what kind of "reasonable accomodations" she can do for me, without explaining what does that exactly mean.

I am at complete loss of words. It had been a completely messed up roller coaster ride of emotions. Color blindness is not part of the disability act, I have never had any issues during school or even my driving test. None.
Any advice? I just do not know what else to do. All I want is to get a job and be able to help people, yet I feel like I have been yanked around with empty promises.

Edit: I believe I forgot to mention that there is at least ONE color blind operating room nurse already working at that facility.

Answer:
 Plenty of nurses who are color blind have fine jobs, so *at worst* you can move on and find a non-crazy hospital to work for.

I would also try contacting someone at the hospital, perhaps an ombudsman, and asking if they *really* have a policy of not hiring nurses who are color blind. Oh, and /u/bestoftherest222 's suggestion was excellent -- check out those glasses that "correct" colorblindness.Answer #2: Have you tried contacting someone from the Ohio Nurses Association or the Board of Nursing? I feel like they might be able to help.

I used to work in nursing management at the Cleveland Clinic and I've never heard of a nurse being denied employment due to color blindness. Answer #3: This is not legal advice, but have you looked into the color blind glasses and if those glasses can help with your type of color blindness?  I imagine if they do work out your only limitation would be requiring glasses.

http://enchroma.com/


Title: [CA] Is it illegal to discuss fantasies about things that would, outside, of the fantasy be illegal?

Question:
In my free time, I enjoy having NSFW conversations and discussions with people, sometimes playing various roles. I've done this over the past 5+ years.

Once or twice, I've had the other party tell me how they fantasize about torturing, raping and killing someone but tell me it is purely fantasy and that they would never do it. I understand that it is completely possible to have fantasies as "Strange" as these, and have read works of fiction where stuff like that happens, and give them the benefit of the doubt.

However, is it illegal for them to say these things? Discuss them purely in fantasy? I'm assuming it so, because like I've said, there's erotic literature like that and it's purely in a fantasy setting.

Could I get some clarification on this?

It's very appreciated. :)

Answer:
 Read about the "cannibal cop" case (NY but still helpful to figure out how to get your kink on online while covering your ass).

I'm not a CA lawyer, but general American law:

Discussing illegal fantasies = generally okay.

Planning illegal acts = never okay. So sharing real-life pics/names, whatever your actual intent, could be enough to bring charges against you.Answer #2: Yes that is legal to discuss.

Be careful that you are not having these discussions with minors, and you always run the (minimal, probably) risk that if the person you are talking to actually does one of these things, an overzealous DA will read transcripts of your conversations and interpret them as planning rather than fantasy.


Title: Hired a part time assistant who is terrible at her job. Is it possible to not pay her the full amount? What else to do? (Quebec, Canada)

Question:
I'm not sure where to post this, and this seems probably the most relevant. Hope it's okay.

So, my friend runs a small one person startup business doing personal training. She hired a part time assistant, paid on an hourly basis, to do some data entry, write some letters, other administrative tasks, and do some basic stuff on the company's Wordpress website. (The employee is effectively self-employed, and bills my friend for hours worked).

The employee's work has been terrible, and seems to overstate her abilities. Basically, my friend has to redo over 2/3 of all the work the employee has done. Furthermore, the employee bills way more time than expected for the tasks at hand.

My friend is understandably frustrated and pissed off, as she feels like she's wasting her time and money in hiring this employee. She is in the process of firing the employee, and she wonders if there's any ?legal? or other grounds that she can pay the employee less than the amount the employee billed?

(ie. Employee spent 20 hours doing a few tasks that should only take 10 hours. Only about 1/3 of the stuff is usable, and my friend has to spend a bunch of time fixing the rest. What to do?)

Any advice/thoughts are much appreciated.

Answer:
 Pay her for hours worked regardless of quality, fire her based on the lack of quality. Lesson learned. Maybe next time consider a probationary period upon hiring or rethink training.Answer #2: She has to pay the agreed upon amount, barring a contract that pays per completion of the task instead of an hourly/salary rate.

I would suggest next time, your friend hire them on a probationary period at a lower rate, and pay them a higher rate after that probation if they keep them (applying the rate retroactively would be a good measure).


Title: What can I do for a neglected dog? [MD]

Question:
My roommate has a golden retriever that they don't care for. For the past 6 months, I have had to feed the dog and let him out of his cage. When I'm not home, he may sit in his crate all day without being let out. When I've told them to care for their dog, they've neglected the dog even worse out of spite or pride.

 I am moving out in a month, and I'm concerned that the dog will be completely neglected in my absence. I don't want to wait for the dog to starve half to death and live in his own excrement before I call animal services. He has a developing ear infection, but is otherwise healthy and up-to-date on his shots right now b/c of my help. Is there any preemptive action I can take?

Possible useful details:
We have an HOA.
Our tiny yard is full of his poop.
He's crate-bound.

Answer: Ugh. IANAL, but in addition to ASPCA and police, you might want to give a call to your local no-kill shelter. When I volunteered at one, there were a couple times we arranged with animal control to take in neglected dogs -- it seemed to expedite the process of them taking the dogs from their owners that we were going to give the little guys their shots and a place to live. This wasn't in Maryland, but it can't hurt to check out if any local shelters have that kind of relationship with the city/county animal control officers.Answer #2: Call animal services and tell them you believe this dog is being abused. Don't make a unilateral move to take the dog with you, because it's still the roommate's property.


Title: My best friend gave me HIV through contaminated food. What now?

Question:
I'm an idiot. I should have never eaten that piece of food. I knew in my heart it was contaminated. I had a hunch. I had this overwhelming feeling.

But I ate it anyways.

I at first said no, when he offered it to me. Because I knew he was an ex - heroin addict and he told me one time while we were drunk that I need to "keep my distance from him" because I "don't want to catch anything he has". I didn't think much of it, but I eventually put two and two together that he must have hiv or hep or something. He never directly told me he had it. But indirectly, yes.

Anyways. Back to the day I contracted a disease that would end my life as I know it.

 I was so hungry.

I fleet saying no but he kept pushing it on me. I finally gave in.

The entire time I'm eating it, he's looking at me with a 😬😬😬 face.

 Later that night at the party, I saw him come out of the bathroom after taking a shit.. and he didn't wash his hands... then he went straight to making more food

Fuck.
Fuck.
Fuck.

Fast forward to now. I'm having problems. Symptoms of hiv. I haven't had sex. And I haven't had problems until I ate that food.

I'm going to get tested but I'm almost positive I'm positive.

What kind of lawyer do I call? What do I do? My friend is from a wealthy family.. I would feel bad suing but this literally ruined my entire life.

Help.

Answer: HIV is not transmitted through food.


Title: Town took over 1000 dollars to repave driveway, never did it, left driveway ripped up.

Question: The town I live in was adding curbs to my street, and we had the option for the cement people to also repave the start of our driveways. We paid a little over 1000, and so did most people on our street. They came to rip up the old one, and within a week every other house was finished, but they never repaved ours. The concrete people left, and the city has no plan to fix our driveway, now a recessed gravel pit, and they have no plans to refund us. What can we do to either get a refund or get them to fix it?

Answer: Have you called them to see if it was an oversight? If you paid and they haven't done it, you could look into small claims court


Title: [OHIO] Can I possibly break a lease for the 18-19 year that I was asked to sign 2 weeks into my current lease?

Question: [deleted]

Answer: $500 is very generous to be let out of your lease.


Title: 7 Year old broke a fountain in hotel, getting charged $14,000.

Question:
I'm using a burner account because my father doesn't want me really saying anything about it where my aunt and uncle could find out. This isn't a legal issue, just our family is complicated when it comes to money.

My aunt, uncle, and cousin (7 year old girl) went to Disney Land in Florida this week. My cousin is a little hyper but not that much for a 7 year old. When they were eating breakfast she got her hands dirty and ran off to find a place to clean them. The place that she found was a fountain and she accidentally knocked it over. I'm not sure how she knocked the fountain over or how large it was but I do know that the hotel is charging them over $14,000 for the damages. They've already paid $5,000 which I think is extremely stupid because a fountain that can be knocked over that easily is an obvious safety hazard. What should they do in this situation? Are they legally required to pay?

Answer: They don't have to pay anything until a court says so but the parents can be sued. The parents should ask for evidence of the replacement costs


Title: Hunting treaty rights as a mixed race couple

Question:
Hi Everyone.

My wife is Cree and has aboriginal hunting rights under Treaty 6. I am of European descent and do not . Previously we have hunted together only in the appropriate season and after acquiring tags.

What is the legality of us hunting together under her treaty rights? The proceeds of our hunts are used within our immediate and extended family and not sold.
Topic:
Canada

Answer: You definitely cannot hunt with them, as you have no rights. You may be able to obtain a permit to assist in hunting, but that’s it - contact Alberta Fish and Wildlife for info.


Title: Do I have grounds to sue the Los Angeles Parking Enforcement Bureau, and if so, where do I start?

Question:
I have been in an on-going ticket battle with the City of Los Angeles regarding my preferential parking pass.

I live on Street X, and have a parking pass assigned specifically for street Y. There are almost never any parking spaces available on Street Y for which I have been assigned a pass that I pay for. As consequence, I sometimes must park on Street X (where I live) if I wish to park within half a mile of my residence. When I park there, although it is the same DISTRICT for which my pass is assigned (and the same street on which I live) I will invariably receive a parking ticket from the same officer.

My argument is not that the specific code for which I receive the ticket (LAMC 80.58L) is invalid, but rather that the Preferential Parking office is selling useless products to residents who must park. Namely:

If there are fifty parking spaces available on Street Y, and the city sells 200 parking passes to park on Street Y, the city has sold 150 products that cannot fulfill their purpose, which is to prevent a parking ticket.

Am I bonkers for thinking this is a legitimate case?

Answer:
 Bonkers.  A lack of parking where you are permitted to park doesn't mean that you can park somewhere you aren't permitted to park and not get a citation.

You could conceivably argue that you deserve a refund for the price of the permit if they guaranteed that you would get a parking spot, but somehow I doubt they made any assurances that spots would be available.  Answer #2: Did the parking pass sold by the city promise/guarantee a parking spot every single day/night when you bought the pass, or did the parking pass just make you eligible to park there on a first come, first serve basis?  If so do you have a copy of that agreement?

An example would be a university sells more parking passes than parking spots available.  If you park where students are not allowed to park, you get a ticket.  You cannot sue the university for selling a parking pass when sometimes parking is impossible on campus.Answer #3: > Am I bonkers for thinking this is a legitimate case?

Yes.  A parking pass is not a guarantee of a space.  It simply entitles to you park there if a space is available.


Title: [PA] My son's father lost his job. What his going to happen with the child support order now?

Question: As the title states, my son's father was fired from his job and the state (Pennsylvania) had an attachment order on his wages because he owes arrears to the state because my son received TANF from the state. What can I expect to happen now that he has no income? I rely on that support money to help keep a roof over my son's head and am panicking a little right now because I don't know how I'll make ends meet without it. Any advuce would be great.

Answer: If you aren’t already, sign up for food stamps. If the father has no income they can’t take anything from him. He’ll likely owe back support but you won’t see it until he starts making money again. Sorry to hear the bad news, good luck


Title: Restraining Order after death

Question:
I have a restraining order against me in California, that was filed on behalf of an unwilling and dying family member (we are fighting the grounds as a whole due to false testimony) l. Included in the order is a stay-away order of their property and jointly owned property in their and my name.

When they die, am I able to access my property again?

Answer: A dead person doesn't own property. Their estate can but not the person. And it completely defeats the purpose of a protective order if the protected party is dead. I think you would be OK. But you should probably get a more reliable source than me for this.


Title: My emotionally stunted relative was tricked into buying a car that won't start.

Question:
This is in Houston, Texas.

Basically I have a cousin who, while not mentally disabled, has little to no life experience and/or social interaction. He was tricked into buying a supposedly working car from a private seller.

He has the title with the owners name and address and signature. He may also possibly have a bill of sale, he was dodgy when asked and said the guy just "signed his name".

The car immediately broke down after my cousin drove it to one place. It has 700k miles on it. It's a tin can now.

Is it possible to get a refund? Outside of just tracking the guy down and asking for the money back? Is there a law that prevents the emotionally stunted from making decisions like this? Any help would be appreciated.

Answer:
 >Is it possible to get a refund? Outside of just tracking the guy down and asking for the money back?

No, he bought a used car as is. If it broke down that's not the seller's problem.

>Is there a law that prevents the emotionally stunted from making decisions like this?

No, of course not. Adults are allowed to make their own decisions unless they have some type of disability that prevents them from doing so. You don't need to take a test to be an adult you just need to make it to the age of majority.


Title: Do I have a legal obligation to notify the authorities if my ex threatens to kill himself?

Question:
I was dating an abusive guy who threatened to kill himself every time I broke up with him, to the point that I called the police twice because he was saying specific stuff like "I'm about to take all these pills". I have finally gotten out of the relationship and now live in another state, he's blocked on everything but sent a Snapchat request that I haven't accepted yet. I feel like I have to accept it because I have family at home I'm worried about and I don't want him to show up and harass them, so I feel like I have to accept the request to give him a platform to talk. If he threatens to kill himself when I accept the request, do I have to call 911 and send them to his address? If I do nothing and it's not a bluff as usual and he actually goes through with it, am I legally liable for not doing anything when he threatened it?

Edit: our relationship took place in California and I am now in Oklahoma
Topic:
Criminal Law

Answer:
 Nope.

But the point is moot because you shouldn't accept the request, block and report.


Title: Can you be refused sale of alcohol on the basis of different license?

Question:
Hello, so today was my birthday and I turned the old age of 21 which means I can purchase alcohol. Now I live in SD, USA and we have two forms of license here. One that is given when you are a minor and it expires one month after your 21st birthday (red) and the other is the regular old license(blue). Now when I was getting alcohol tonight I was told that I could be refused service at bars and stores based on the fact I had a "red" license. Is this true? Is this something I have to worry about until I get my full fledged regular license? Or was this guy just full of it?
Any advice would be awesome.

Answer: They can refuse to serve you for a number of reasons, red license or blue as they have no obligation here. They can certainly refuse to serve you while you have your red license if they'd like to, but this would be up to the individual bar/store.


Title: If the stage chooses to prosecute a rape case without the involvement of a victim, what factors increase the likelihood of a conviction?

Question:
Sometime ago, the rapper Nelly was accused of raping a young woman on his tour bus. He was arrested. But he was released shortly afterwards without charges being filed, though the investigation continued. About a week later, the alleged victim chose to drop the charges because she was unable to deal with the pressure of having accused a well-known famous celebrity of rape. Nellie was about to celebrate the fact that his name was apparently cleared, but apparently he celebrated too early. The the police are still choosing to investigate these allegations further. Their goal was for the case to be prosecuted with or without the alleged victim. Their plan is to gather up as much evidence as possible and then deliver it to the prosecutor who was in make a final decision of whether to bring rape charges against Nelly.

Under what circumstances can the police and prosecution bring a strong case against an accused rapist if the alleged victim chooses not to participate in the investigation in the prosecution of the case? If there isn't any DNA evidence, will that make it hard to bring the case to court? what type of evidence has the likelihood of standing up in court without the alleged victim choosing to be involved with the case? Is it likely that the alleged victim will be forced to testify?

Answer: They can subpoena any witnesses even if they are not willing.


Title: [US-VA] How can I warn a colleague without treading too close to slander?

Question:
I am the minister of a small church, and I am good friends and working colleagues with the leaders of several other similar churches in my area.

A woman who has been a member of my congregation for a few years has recently approached one of those colleagues, saying she has mutually "parted ways" with us (which was news to me, but that's not an issue -- she's free to do as she chooses) and is interested in exploring membership with his church.

While she was with us, she descended from being a lost person in need of community to being an active instigator of drama.  I, and several others of the community that I trust, have personally observed her lying and manipulating people in order to garner attention through drama.  Further, she has told me (in ministerial confidence) that she has been diagnosed with Borderline Personality Disorder.

The colleague she approached has recently had several members of his community hurt pretty badly through the machinations of a similarly-manipulative person, and what they need least of all right now is to welcome another into their midst unwittingly.

So what I need to know is:  to what extent can I warn him about the potential risk to him and his congregants she poses without venturing into possible accusations of actionable slander?

What she told me in confidence stays with me, of course.  But can I (based solely upon my observations of her duplicity) tell him "I do not trust her", or "I do not believe she is worthy of trust", or "I fear that she would cause drama like your recently-parted member did"?

Where is the line between expressing personal opinion, expressing professional opinion to a colleague, and outright slandering or defaming someone?

Answer:
 You could compliment her figure, calling her a "**proverb**ial 26 24-26" :)

Answer #2: Truth is an absolute defense to slander and defamation. Additionally, the statements you mentioned:

>"I do not trust her", or "I do not believe she is worthy of trust", or "I fear that she would cause drama like your recently-parted member did"?

Are all matter of opinion, not factual statements. So those are all OK.Answer #3: I’m not a minister, but I’m a person and I think keeping quiet about this type of behavior is exactly what allows it to continue. I think you should share your experience about this person with someone you trust to be compassionate and objective.


Question:
 [georgia, usa] Ok so I’m freaking out. I was pulled over today and told by the officer I was driving on a suspended tag. I have paid my insurance and have never missed a payment before. All the officer would say is that the reason is unknown for why it was suspended.

After receiving the citation the officer told me that I could go to jail for it, and that I should talk to the tag office and call my insurance company. He also said that 99% of the time it’s because my insurance has lapsed. Immediately after he drove away I called my insurance company (geico) and asked if my insurance has ever lapsed. I was told no it’s never lapsed and that I currently have full coverage. After reading online I’m now terrified as it could be a misdemeanor charge. I have never received any notice saying my tag was suspended, nor have I ever missed a payment. I have only been pulled over once in my life 5 years ago traveling back to Georgia from Connecticut (pulled over in ny for speeding). What do I do
Topic:
Insurance

Answer:
 Tag is not the same as insurance or drivers license. It’s your license plate/vehicle registration. You need to go to your local dept of revenue (online) or county tag office.Answer #2: first

R-E-L-A-X

Second

Get in touch with the DMV and find out why your license is suspended would be the first place to go.

Third

Resolve whatever reason it is behind your suspension.

Edit: Ok lesson learn Georgia doesn't screw around with drivers licenses.


Title: Moved in 2 weeks ago, landlord bit my roommate and everyone in the house does drugs

Question:
My goal is to recoup as much of my money as possible and leave the toxic situation.
When I moved in there were 4 women and a child. The landlord owns the house and rents rooms out.
$1k deposit, $1k first months rent up front. After 2 weeks my landlord accuses one of the roommates of stealing her laptop. Things escalate over the course of approximately 5 hours. By 11pm I hear screaming and i come out of my room to see my landlord with a bloody fist full of hair and the roommate with hair in her hand and blood running down her face. This carried on well past 1am and I had work at 430am that day. I later informed the landlord I was extremely uncomfortable and will be leaving. This went surprisingly smooth, she said she understands and apologized. Later in the day I approached my new neighbors to ask them what they saw or heard. They informed me that I moved into a drug den. All the women use and sell drugs out of the house. He even claimed he saw the landlords daughter selling a gun out on the street. He then explained this ladies story of divorce and hardship with all the fallout it entails.
I reflected on my short stay and started to see the warning signs I overlooked initially. I could never get in the bathroom before I left for work at 330am. I thought it was so weird that there was someone in the bathroom at that time. the neighbor said they were most likely shooting up. I've also seen people come and go at all hours and no one in the house has a job.

So anyways. I got out, well.. kind of.
I moved as much stuff as I possibly could as fast as I could move it. Tomorrow I just have a few more things to pick up and then I will be turning in the key. I spoke with a housing assistance hotline and they suggested I mail her a letter stating my request for my money back and if she doesnt comply, to take her to small claims court. My concern is that there were no police reports filed after the brawl. I have a picture of the roommates wounds but that's about it. Do I have suffice reason/evidence to pursue a refund of my $2000? This was only supposed to be temporary until my gf was ready to move in together this fall. Taking a loss on this will really set my savings back. I am trying to do this right but I feel like I'm on my own here.

Tldr; accidently moved into a drug den. Landlord bit my roommates ear in a brawl so I made a quick departure. What's the chances I'll ever get my money back?

Answer:
 NAL

I'd say, if they are really hard drug users, that the moment you gave them your rent and deposit, they spent it. So chances of getting your money back are nil. I'm guessing you didn't have a lease? If not, then the only thing I could see you recouping, legally, would be the deposit, since you need to give 30 days or more notice when you intend to leave a month\-to\-month lease. You also still stayed there for a couple weeks, so certainly not the full rent payment for the month.

However, what's incredibly concerning to me is that *there is a child on the premises* where drug transactions and gun sales are taking place. Call CPS and the police for what you witnessed. They've been endangering the welfare of a child.


Title: [California] Is there any way to go on state disability without a doctor signing off due to a strongly-held personal belief?

Question: [deleted]

Answer:
 Very unlikely, since any leave granted without at least a glancing look by a doctor would be pretty easy to fake. For all a company knows, you could be stuffing blankets in your shirt and then afterwards claiming a miscarriage for a free 3-month vacation. Not saying you are, but without seeing a doctor, they won't have a shred of evidence suggesting otherwise until after they grant 3-month leave and you bring the baby in or something. And even bringing children to work can cause a host of further legal issues relating to safety. So it's easier on everyone just to get a doctor's note.

I know you say to stay on topic, but "personal belief" is such a vague reasoning they would probably reject it unless you're chummy with the insurance guy. It could be anything from "I think hospitals are gross" to "my religious prohibits outsiders from touching me".


Title: [Vancouver, BC] Two Things: Can a police officer force me to allow me ex into my apartment, and about her stuff...

Question:
She suggested she might bring a cop to gain entry to my place. My ex stole my things and has been verbally harassing me every time I try to communicate with her about getting them back. She is not on the lease.

I gave her until the 30th to get her things out of my apartment. Do I have the right to destroy/sell her things after the deadline I gave her has passed?

I am more than willing - and have made it clear to her and others - that I am willing to facilitate moving her things, so long as she is not present when doing so.

Thanks for your help everyone.

edit: She was formally diagnosed with BPD, so she's a bit crazier than most crazy exes. I don't want her around me at all because she is at least emotionally dangerous, and could easily just start saying that everything is hers, and it'll be her word against mine...

I'm just trying to protect myself from her and her influence. She's very good at manipulating people, I'm learning.

Answer:
 Is she on the lease? If so, its still legally her place too and she can ask the police to facilitate entry. Otherwise, the situation is murky because there is no tenancy law in BC which would apply. The police might come by to keep the peace. If she was living with you in a place in your name only, and you recently made her leave without a chance to grab her stuff, then she has the right to come get it

You do not have the right to just destroy her things after giving her a short deadline. You are not *quite* in the same position as a landlord, but the requirements that landlords have for abandoned property are good guidance:
http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/ending-a-tenancy/items-left-behind


Title: [Florida] Landlord attempting to evict me in order to scare me into saying that I have information about my roommate's behavior, when I have no knowledge of the event.

Question:
College-aged tenant, have lived in this apartment complex for a few months with no real big issues. Toilets broken, bugs, stuff you'd expect out of off-campus cheap apartment living.

&#x200B;

I have had a decent friendship going with my one roommate \[who I will call B\] in this 3-bedroom, but my other roommate \[who I will call C\] I know almost nothing about. He seems nice, we haven't had any issues, but I don't have his number and I never learned his name until the night regarding this event, so we aren't very close at all. This may seem trivial but I promise it's necessary context.

&#x200B;

So on the night of this event, I did not get home until fairly late at night (I'm not sure exactly what time, but I believe before midnight). At 2 in the morning, I am laying in my bed in my room, and I hear loud knocking on my front door. I don't get up to answer it, and I don't exactly remember if B had answered it, but 10 minutes after that set of knocks there is apartment management and security (not police, and no warrant was present) in my apartment. Management then knocked on my door, I told them to come in, and they asked me if I had heard any shots or seen anything earlier that night, and I replied that I hadn't (as I hadn't).

&#x200B;

This is what they told me: There was a shot heard in the complex (which is a fairly populated complex, mind you), and a call was received at the front desk of my complex at 11:30 P.M. They suspect it was C.

&#x200B;

They then asked if they could search my room, which I allowed, and found nothing. They charged us with nothing.  They left the apartment not long after 2 A.M. They then came back into the apartment, again, an hour later (a little after 3 A.M.). I was attempting to sleep, they opened my bedroom door without knocking, turned on the lights and threatened that I would be held liable if I was found to be lying about having no knowledge of the event.

&#x200B;

They then leave my room, do the same to B, and attempt to open C's door. C was not home (as I found out the next morning), and I am unsure whether or not they entered his room while it was locked & he was not present. They then left the apartment.

Several things:

1. We never received any kind of notice of their visit until they came, and according to the little of Florida tenant law that I've looked at, they require a 12-hour notice before entry.  They entered our apartment 3 and a half hours after having received the call about a shot.
2. I did not allow them to enter my bedroom the 2nd time they entered the apartment at 3 A.M., as I was attempting to sleep. I'm not sure if this is legally relevant at all but it seems like a breach of privacy of some kind.

I wake up this morning, and I receive an email from my complex stating this: I am in violation of my lease, under the section of my lease which states that neither me, nor the occupants, can discharge a weapon on the premises. As a result of this, I have 7 days to move out. It was sent with the headline '7 Day Notice of Non-Compliance (WITH NO OPPORTUNITY TO CURE'. \[This is the email\]([https://gyazo.com/b8716c519a1cb49fd3e4f593c5d045d8](https://gyazo.com/b8716c519a1cb49fd3e4f593c5d045d8).png)

&#x200B;

They told my roommate when he went to speak to the front office, essentially, that if we don't fess up to having knowledge of the event, then we are getting evicted. I sent them an e-mail a few hours ago stating this:

&#x200B;

>Hello,
I’m not sure why I’m receiving this notice. As I’ve already stated to the security and management, which came into our apartment last night at 2 A.M. and again at 3 A.M (past the legally reasonable hours of 7-30 A.M. to 8P.M.). The security came into my room at 2 A.M. after knocking and me letting them in, asked to search my room (which I allowed, as I have nothing in my room which would be against any of the rules of the lease, and they found that to be true in their search).
They came in again at a little after 3 A.M., after having left the apartment for about an hour, came into my room without knocking while I was attempting to sleep, turned on my lights, and asked me again, threatening that if I was found to be lying about not knowing anything of the events, which I still do not, I would be held legally liable. What I had told them, and what continues to be the truth, is that I had not gotten home until late at night, and from the time I had gotten home until they knocked on my door I had not heard or seen anything.
I did not, and continue to not, know anything about the events charged until 2 A.M., when the management and complex security entered our apartment (without any legally required 12-hour notice) and asked if I had known anything. The only thing surrounding this event which I have received any information about is this email,  saying that I have 7-days to evict for 'intentionally misrepresenting'.
What I have been told so far is this: A shot was heard at \[complex\] at some point last night, a call was received about this shot at around 11:30 P.M. (according to the management early this morning), and my apartment is, from what I gather, suspected to be the origin of that shot.
I am finding this notice of eviction to be on unfounded grounds, and the methods of inspection of that charge to be on legally-gray areas. Landlord and security (though no police presence and no warrant were given) came into our apartment without notice at a legally unreasonable time (2 A.M. and 3 A.M.) without a legally required 12-hour notice. I am seeking to get this in writing in case further legal recourse is necessary.

&#x200B;

Answer:
 Florida requires property managers to be licensed by the state. At least one person in the office has a license, find out who it is, and talk to them. Let them know you have not violated the lease, won't be leaving, and if your apartment is entered again without notice you'll file a police report for trespassing, and file an ethics complaint against their license. If you think this complex is breaking the law regularly you might want to file a complaint anyway.

If you are served eviction papers tell your side of the story to the judge.


Title: Anesthesia mistake. Was not operated on but suffering psychologically. Any advice?

Question:
Hi guys. The family and close friends I've told about this situation are telling me I should sue, but that is expected because they're upset about what happened. I wanted to hear some unbiased advice on what I should do.

I was at a hospital for elective stomach surgery earlier this month. What was supposed to happen is I was going to be given anesthesia, get a breathing tube, then be given rocuronium (a strong muscle relaxer) to paralyze my diaphragm in order for a breathing machine to operate my lungs.

Instead, the anesthesiologist did not give me any anesthesia and only gave me the muscle relaxer. I was completely concious and awake but I could not move or breathe on my own. It was horrifying. I could not breathe, move or open my eyes or anything. Luckily, I had the ability to move my right thumb. I moved it as much as I could and the surgical team thought I was having a seizure. They slowly brought me back, the whole process took about a half an hour. For that half hour I thought I was dying. It was like being in a coffin.

I am very thankful that I was not operated on, but if I did not somehow have the ability to move my thumb, I would have been cut open feeling everything. I have not been able to sleep as well as I usually do. Whenever I'm falling asleep at night I feel out of breath. I'm already on antidepressants and my dose was doubled, I was given Xanax, and sleeping pills. I'll start randomly crying. I'm all fucked up and I'm sorry for sounding dramatic. I'm just very confused and lost. But this is r/legaladvice, not r/mentaladvice.

I know that medical negligence cases are very difficult to prove. But here, I was told straight up that an error was made and I should have been given anesthesia. What do you guys think?

Answer:
 Medical malpractice cases are case-specific; you find a med-mal attorney, tell him or her all about it, and he or she reviews your chart with a consultant physician, usually, and they decide whether you have a case.

It sounds to me like this was obviously negligent and doesn't meet any standard of care and that it's worth talking with an attorney about.
Answer #2: Someone made a mistake, you suffered a loss from it, they have insurance in place to cover them against these types of claims.  It is really that simple.

The unfortunate part is that the doctor's insurance company isn't going to pay you a dime unless you get a lawyer. The reason for this is because your losses aren't easily quantifiable like they are in a car accident where a new fender cost $X.

The best med-Mal lawyers will charge a 40% contingency and they are probably worth it. What state are you in?

NAL. Answer #3: You can talk to a medical malpractice attorney. Most consults are free.
Answer #4: You need to get in contact with a lawyer as soon as possible because the longer you drag It the worse your case may it may not be in court.

Also be sure to write down all the details of your surgery what they were operating on your personal information and all details related to what happened that day. The more descriptive the better your case will be for your lawyer. Although it's case by case the more detailed facts you have the higher your chances will be.  Good luck