Title: [FL] Denied alcohol because of speech impediment?

Question:
So my boyfriend and I recently went to visit my parents in Destin, FL and wanted to have a good night with a couple of drinks at Margaritaville. Being the responsible adults that we are, we ubered from where we were staying. Naturally there was a wait for dinner on a summer weekend, so we walked around the pier. After 20 minutes our table still wasn't ready so we decided to go ahead and get drinks from the bar. My boyfriend quickly ordered a drink but by the time I was ready to order our table was called, so he obviously took is full drink with him. When we finally sat down, we had some more time to look over the drink menu and decided we wanted to get a pitcher of margarita (because Margaritaville duh), even though his first drink was pretty much full. Now is when I should mention that my boyfriend does have a slight speech impediment and had to go to speech therapy when he was little. He does draw out his words slightly, but this is how he naturally speaks.

So we order our drinks and everything seemed fine at first. The waitress was nice to us and us to her. But she takes like 10 minutes just to put in our drink order, or so we thought, because after 10 minutes she comes back and says she doesn't feel comfortable selling us alcohol and if anything happened to us after we left she would be in trouble.

At this point we are super confused as to why she would think we have had too much to drink. I hadnt even had anything. And even though my boyfriend was planning on finishing his first drink, he could just as easily disliked it and not wanted it anymore. We explained that we didn't drive there and were willing to empty our pockets to show we had no car keys, but she didn't budge.

Neither of us thought about his speech impediment at the time, because he has never had this problem, but thats the only reasonable explaination we can think of. I understand that Destin has trouble with excessive drinking, but this just seemed extreme, especially since she wasn't selling me alcohol either.

We simply did not know how to respond to that situation, but we had already waited for dinner and were very hungry so we just sucked it up, but it really pissed us off and we definitely illustrated our frustration on our tip. We were able to get drinks after dinner at another place with no issues.

Like I said my parents live in Destin and we visit semi frequently, so I'm basically here to ask if there's any advice you guys can give me if this ever happens again.

Thanks in advance for the help.

Answer:
 >Denied alcohol because of speech impediment?

He wasn't denied alcohol because of his speech impediment.  He was denied alcohol because he sounded like he was drunk, and he might have sounded like he was drunk in part because of his speech impediment.Answer #2: Well, you can explain he has a speech impediment. If they don't believe you, they can refuse to serve you. That's about it. Answer #3: Former bartender here. We're allowed to refuse service for almost any reason, and slurring your speech is one that will almost always be a problem... Unless you encounter a bartender who doesn't care about over serving people. I feel for the guy, that must be a sucky thing to live with. Try to be considerate of the bartender who don't want to endanger their livelihood by potentially over serving someone. Tons of people lie to bartenders about how much they have drank and we have all been screamed at by angry drunks. Next time, have him find a table while you order drinks. Answer #4: So a sign that you on the way to drunksville is slurred speech which a person with a impediment and drawn out speaking patterns may reasonable be mistaken for. The waitress heard them from your friend, thought he may have had too much and cut it off. This is legal, and not doing so could get the establishment in legal trouble if an accident results(even if driving is not involved). Speaking as someone with both an impediment and a lisp I understand fully that this isn't fair.


Title: If a minor is caught with possesion of child porn will it go on their record and will they get in any trouble for it?

Question: [deleted]

Answer: Probably, depending on circumstances.Answer #2: Yes, he could be charged with possession of child porn.


Title: Am I required to also deposit my rent check for my landlord?

Question:
We are a business in Ohio. Our landlord moved to Pennsylvania last fall. We had been mailing our rent check to her every month. She told us to stop doing that because her bank in PA is out of her way and she has to make a special trip. She wants us to start taking our rent check to her bank here in Ohio, wait in line, explain the arrangement to the teller, then deposit it in her account. Besides taking up time, the other problem is her bank is on the outskirts of town so we need to make the extra trip to convenience her. Our rent check is written on or before the first of every month and is ready at the store on time which she technically has access too. The check was written on the 1st, but I was out of town and didn't get it to her bank until the 7th. She told me today it doesn't matter when the check was written, it only matters that it's in her bank account by the 1st.... otherwise it's late. Am I legally required to keep doing this?
Topic:
Landlord Tenant Housing

Answer: Talk with your bank and setup online bill-pay.  It's likely your bank can do an ACH funds transfer directly into hers, without any paper checks being sent.


Title: Can my mother, who cosigned title of my car, legally keep the car from me if it is my only means of transportation?

Question:
Hi there. About three months ago, I (22F) bought my first new car (yay!). However, being young and fairly broke, I had to take out a loan. My mother agreed to cosign the loan, as I had ghost credit and couldn't get one on my own, with the condition that she also be on the title. I agree to this, we bought the car, and all was well. I've been making the monthly payments, plus some, from my own bank account. It was all fine and dandy. Up to this point, I had been living in my parents' home, and they were paying essentially all of my bills, provided I follow their rules. This was not a problem, until it was, and then it was a BIG problem.

My parents and I recently had a rather large disagreement. Details aren't important, but it basically led to me moving out of the house, being kicked off the phone plan, health insurance, and car insurance. I've taken care of all of those aspects. My current problem is that my mom wants off the loan, meaning I need to refinance the car. I'm currently in the process of getting a loan approved, but my parents are not allowing me access to the car until said loan goes through. My mom physically held me down in the car while my brother removed the battery, and she took both sets of keys. She then moved the car to an unknown location while I was away. They told me they would drive me to work "if convenient for them," which it almost would never be, because I mainly work nights.

My question is this: Can she legally deny me access to the car, since her name is also on the title, given the fact that it's my means of transportation to my livelihood?

Answer: It's as much your car as it is hers. You could threaten the nuclear option and stop paying the loan. That would wreck both your credit. And likely she would be sued since she has more income.


Title: Is it illegal to impersonate a judge? Lawyer vonda Bailey is not a real judge and she's solving child support between two people without legal representation from both side.

Answer:
 From her YouTube page “about” section:

A courtroom based tv show involving cases with issues related to child support/spousal support in Texas. All episodes include actors. Vonda Bailey is not a real Judge. She is a licensed attorney in the state of Texas who primarily handles cases involving child support and spousal support. The cases are based on real life scenarios of events that occur in child support courts. Names, characters, businesses, places, events, locales, and incidents are either the products of the author's imagination or used in a fictitious manner. Any resemblance to actual persons, living or dead, or actual events is purely coincidental.Answer #2: A lawyer does have the authority to mediate, if memory serves. If this is one of those TV shows, the outcome is usually pre-decided.Answer #3: Just to add to this: there is also “judge pro tem”, which is an attorney that acts as judge.  This is somewhat common in small claims.  I believe they can also preside over traffic court (only cases that could not result in jail time). In my experience they always tell the litigants/defendants and the parties have to option to reschedule their hearing with a “real” judge.

BTW attorneys do this for free. It’s seen as a public service and ingratiates them to the court, for a lack of better words.


Title: (OH) Elderly woman won scratch off lottery for $150K. She asked my uncle to go cash in ticket in exchange for giving my uncle and Aunt $10K each. Aunt is on social security and Medicaid. Uncle and Aunt are married and both over 70. Will the lottery winnings affect my aunt's benefits?

Answer:
 A woman wants to give your aunt and uncle twenty thousand dollars for a car trip?

Have you considered that there’s going to be a scam coming here? Because there’s a scam coming here. Answer #2: Your aunt/uncle are going to get hit with ALL of the taxes if they redeem it for her

They can physically drive her there

But they can’t claim the ticket as their own

This lady needs to claim the ticket. Cash it in. THEN withdraw the money she’s going to give your aunt and uncle.

She’s trying to avoid paying the taxes on all of her winning by sticking your aunt and uncle with the bill
Answer #3: Sounds like a version of this scam:

https://www.wral.com/lottery-officials-warn-nc-residents-about-scratch-off-ticket-scam-/17711664/

Also, [these lottery scams: Never redeem a Lottery ticket for someone you do not know.](https://www.nmlottery.com/beware-of-scams.aspx)

* "This is a winning ticket, but I need money to claim it. If you help  me with  the upfront money, I'll share the jackpot with you."

* "I can't cash in my winning Lottery ticket because I'm not a U.S. citizen."


Title: Possible facebook charges?

Question: So I was talking to a girl for awhile on facebook and we decided to be together. A couple minutes later I found out shes had a bf this whole time. I confronted her about it on facebook then she blocked me. I then made a post with screenshots about the conversation which was all factual. I then texted the bf to tell him what happened. After that I texted the girl and told her I told the bf. Nothing happened other than that and I did not harass or threaten them or say anything else. They said theyre pressing charges. What can they press charges for?

Answer:
 > What can they press charges for?

They can't press charges for shit.

They can report any sort of harassment to the police.  What you did doesn't rise to the level of harassment.  The police will not care.Answer #2: Nothing.  Ignore them.


Title: [IL] Car crash caused by defective equipment

Question:
To preface, I purchased a 2018 Subaru WRX STi in July of this year. The car was pulling to the right under acceleration and would change lanes within a few seconds with only 30% throttle (Car displays throttle body) I contacted Subaru in Naperville and they agreed to replace the tire but required me to pay a $40 fee, when I left the lot the car was now pulling to the left as they rotated the tires. I called them back the next morning and the representative told me to continue driving the car until it became worse and he could try to warranty them out again.

 I was unhappy with the way he was trying to handle this so I went to another dealership and spoke to them. They drove the car, rotated the tires and it of course was still a problem. They told me to continue driving and they would try to get it taken care of. I took video of the pulling problem and posted it to Instagram where others were chiming in about the same problem.  Fast forward about two months to last week they confirmed they would be getting a new tire under warranty, for free and would be delivered this week as it was a problem that many other 2018 STi owners have been facing.

 Yesterday around 4:00pm the temp was at 50 F and the concrete was slightly damp. I was leaving a corner at about 15/20 mph and accelerated when the car pulled hard to the right and pulled me into a ditch and bouncing off of a tree causing damage to the front bumper, quarter panel and rear bumper.

In this situation could Subaru be held liable for the damages?

Answer: It's unlikely that Subaru could be held liable for those specific damages.  If you felt that the steering was a safety issue that compromised your ability to control the car, the prudent thing to do would be to stop driving the car until it was fixed.


Title: Car meant for donation towed from my street.

Question:
I live in Charleston, SC

Called a charity for pick up then found out today my car was towed away from the dead end of the street I live on. I had already taken off the license plate, I planned on transferring my tags to my new car.

I found out the police department called for a towing company. Now I owe money? I don't understand how this is legal. It was on a residential street. It wasn't in the way of anything.

I didn't want to take up space from the parking my neighbors and I share so that was my only option at the time. There also wasn't any sign there telling me my car would be towed.

I wasn't notified about it. Never got a letter or a phone call. I was out of town when they towed it.  Could I just give them the title? I don't even want the fucking car. The storage cost is about 300 dollars now, close to the value of the car

EDIT: Can I please get advice on what to do about it not just comments asking how I don't know about car abandonment laws already.

Answer:
 So you parked a car with no plates on a public street and felt that that would be a good idea? I would guess in your city, as in most, the car has to have plates and good registration to park on a public streets.

So yeah, legalAnswer #2: An unregistered car with no tags sitting on a public street?  What else were they supposed to do?Answer #3: In most municipalities you cannot park on the street without license plates. It is indeed a residential street, but it's still city/county-owned. You could probably give them the title to resolve the storage and tow fees, but it's at their discretion if they want to accept that. If they are willing to do this, do it sooner rather than later. The longer you wait, the more the fees will accrue and even if you give them the vehicle, you could be left with an outstanding debt that could end up being sent to collections.Answer #4: You could potentially give them over the title, but you may still owe money.

Are you seriously suprirsed that a non-driveable car, with no license plates, was towed from a legal street? Answer #5: How long were you out of town? Were you ticketed? I assume even without tag t hey have identified its your property?Answer #6: I would find someone to talk to, explain you were giving it to charity, show proof of such, be apologetic with them.

Be super patient during this whole time, do not get frustrated, do not raise your voice, you will be speaking to people who did no wrong and may be able to help you fix your mistake.


Title: My alma mater is withholding scholarship money from me (California)

Question:
I'm going to put this in it's most simplest form and please give me any advice.
I participated as a choral scholar in a small, elite choir at a university.

The scholarship for being a member is $4500. The university did not give me my first semester's scholarship, but, in my latter 2 semester, the school rewarded me the $4500 (first semester was somehow overlooked, but I won't get into that).

In all 3 of these semesters as a choral scholar, my GPA remained below a 3.0 (not proud but it is vital to my situation). When prompting the school later about never receiving the scholarship reward for my first of three semesters, they told me since my GPA was below a 3.0 that semester, that they cannot reward me the scholarship.

A qualification of being a choral scholar was having at least a 3.0 GPA. I was approached by faculty at school to join the choir, with all parties knowing my GPA and current standing, before I even joined in the first place. I even obtained the dean's signature for a late add and approval of my current standing.

My alma mater will not reward me the scholarship that was promised to me, even though my GPA never became an issue in the latter 2 semesters.

Is there a legal term about me receiving a specific amount of $$$ for latter 2 semesters, so why would they be able to treat the first semester differently? Any advice will help me. I feel betrayed by my school...

Answer:
 Man I hope you can sing because logic and common sense didn't seem to be taught at your elite school. You say the 3.0 is irrelevant here and you are wrong. You should look at this as you got two semesters of scholarship that you didn't earn and weren't entitled to instead of looking at being screws out of one. Because they screwed up and gave you something you weren't entitled to doesn't obligate them further.

PS: and you "award" scholarships not "reward" them. Jesus.Answer #2: I've never heard of someone referring to the school they are currently attending as their alma mater. Is that a small elite school thing?


Title: Dorm administration isn't sorting mail or giving it to students.

Question:
I'm in Massachusetts. I live in a college dorm. Mail is delivered to the dorm, where the administration/workers at the dorm typically sort it daily and put it into our mailboxes where we (students) can access the box and pick it up.

However, apparently they haven't been sorting mail so we're not receiving it, and they say it's just sitting in the back not doing anything. It's been this way for about three weeks.

I doubt it's intentional or anything (the people that usually do it aren't in, or are unavailable, or something?), but I keep asking daily and they just shrug and say "idk" whenever I ask about it. I heard there's laws against holding mail or preventing it to be delivered to the person of interest--how does that apply in this case?

Thanks!
Topic:
Landlord Tenant Housing

Answer:
 This is unfortunately very common. When I lived in a dorm, you simply couldn't get mail over winter break. (I got a PO box instead, which I was very satisfied with.)

I suggest complaining to both the local postmaster and whatever university office runs the dormitory system (rather than just your dorm specifically). When the Postal Service delivers to apartments, the landlord is responsible for passing the mail on to the tenants--the landlord can't just accept the mail and stash it away; if he doesn't want to handle mail he should refuse delivery.


Title: (Ohio) Is it legal to charge a "move out fee" and hold onto my security deposit for another year?

Question:
Hello /r/legaladvice!

My lease was up at the end of July and I made arrangements to move out of my apartment. My roommate remained (we were both on the lease), but she renewed her lease and she found another roommate. I was expecting to get my security deposit back and was excited.

Now the pickle: my apartment complex is now telling me that not only are the not going to give my security deposit back for another year, but that they are charging me $250 to move out, their logic being that they do not want a "revolving door of people." Is this legal? I signed a paper with the dates I would move out and with the person replacing me, and it is nowhere in there.

Answer:
 Not sure about the move-out fee - check your lease (and did you give proper notice for non-renewal?) - but here are some links saying 30 days after vacating for return of security deposit:

* http://codes.ohio.gov/orc/5321.16v1
* https://www.ohiobar.org/ForPublic/Resources/LawYouCanUse/Pages/LawYouCanUse-482.aspx
* http://www.ohiolegalservices.org/public/legal_problem/housing/ohio-landlord-tenant-law-what-you-should-know/ohiolt-wysk-12-2013.pdfAnswer #2: I'm in Ohio and have practiced in this area -- and I have to highly recommend you contact the legal aid in your area -- even if you make too much money to get help directly, they DO have resources in this area to give you - this is an area they get a lot of inquiry about and there are publications they send out that will help you, partly by way of explaining the law and how it actually works in practice.

It's also possible that this is a landlord that's been a problem in the past, which they'd want to know about as well.


Title: A company in the US changes the parking spaces closest to the entrance door to pink "ladies only" spaces (no change in space size). Is this a legal liability, and are there any past cases/instances of this type of situation?

Question: Company owns their own parking lot. Paints the 15-20 spaces closest to the entrance door pink to signify female-only parking. Space size does not change, but they're all the closest to the door. What's the precedence on this? Is the company at risk?

Answer:
 The only risk I see is if they are not following requirements for handicap accessible parking. As long as men with disabilities have equal access to parking for the disabled, a private company is free to allocate spaces as they see fit.

Now what would potentially pose a problem is if they were to fire someone for parking in said spaces. At that point you MIGHT (I'm not an employment lawyer so I don't really know and am just talking out of my ass) have a decent argument for wrongful termination on the basis of gender discrimination.

But to your specific question, I don't believe the simple provisioning of parking spaces in this manner poses a significant risk.


Title: Legal Tenant?

Question: Is a person who has lived in someone's personal home (not a rental property) without a lease considered a legal tenant after a certain period of time? Does evicting such a person require you to go through the same channels as you would if they had an actual lease? I live in Virginia if that helps at all.

Answer: If they live there, yes they are a tenant and must have their tenancy terminated via proper legal procedure for doing so.


Title: [KY] A friend of mine is dragging her feet on her divorce, and is expecting to get a large sum in maintenance at the end.

Question:
Hello everyone,

I’ll start with some background.

Husband: had an affair, wants mutual divorce from wife, is a medical doctor, does not currently hold his license and is not working full time due to other personal issues.

Wife: wants mutual divorce from husband, hasn’t worked in 25+ years, when she did work she was a secretary at a large retail company, has been a stay-at-home-mom since, is not currently working.

Kids: 16 yo.

Our primary concern for her is that she thinks she’s going to get 1-3k in monthly maintenance. However, both of them are dragging their feet, and we think he is doing so to wait out the child support and begin divorce proceedings after their youngest is 18.

Question: what kind (if any) maintenance do you think she has a chance at getting? We don’t think she can support herself let alone maintain their “doctors lifestyle” she’s been living on maintenance alone, but she’s convinced of it.

I know the judge will look at her situation and interpret what she thinks is the best route based on that, but what do you think the most likely outcome is?

What bearing does the fact that he’s not working full time, no longer licensed, and that she hasn’t been working have on the situation?

The reason I’m asking is to get some solid feedback from experienced people to convince her that she needs to be more proactive in her divorce.

Thank you in advance!

Edit: removed some (potentially) identifying information.
Topic:
Custody Divorce and Family

Answer: If he's not working full-time and is not currently licensed, and she's not working at all, what are they living on? How long has it been since he's actually been drawing doctor's wages? Maintenance, if any, would be set based on their overall financial condition (including the property settlement as part of their divorce), their lifestyle or standard of living in the period prior to the divorce, and his ability to pay, as well as her perceived ability to return to the workforce. Permanent maintenance is relatively rare, and tends to be awarded mostly in cases where her age or health is such that getting a job is never going to happen. (And if she thinks she's going to maintain a doctor's wife's lifestyle on $12K/year, or even $36K, she's in for a rude awakening.)


Title: Is it defamation if you say something negative in an interpersonal setting and word goes around?

Question:
Suppose you are talking with a bunch of acquaintance at a party or a friend or relative. You say something that would otherwise be defamation against someone or some entity. Possibly to blow off steam or whatever.

Word gets around from mouth to mouth. Can you be charged or sued under defamation.

Answer:
 That's the very definition of defamation.  Slander is defamation by word. Libel is published defamation.

Saying something that's defamatory could be you talking to one person, a small group, etc.


Title: (ARKANSAS) The people who live behind my grandpa's house cut down some trees.

Question: My grandpa moved into this house in 1978. The house sits on 5 acres with the house being at the front of the property. No one really goes out to the back unless we are mowing. Today I was mowing and  noticed 2 trees had been cut down on my grandpa's property. The now dead trees are laying in the yard of the people who live behind him. I talked to a friend of mine who is neighbors with this person and she said they told her that they had a surveyor come out and that is his property so therefore he cut the trees down. In almost 40 years my grandpa has always had the same property line. How do we go about this?

Answer: Get a survey done to make sure they were in the wrong firstAnswer #2: See if your county has a website that shows parcel outlines. Google "[your county name] County parcel map" .


Title: My university is threatning students who argue on social media against the suspension of two students.

Question: So a couple of weeks back, my university conducted a photography exhibition and two of the students used someone else's photos to exhibit. Right of the bait, the Institute expelled those students because of their policy. There are some students who are arguing over the harshness of the decision. The thing that is bothering me is that the university has warned the students who are arguing(mostly against the decision to expel) on social media to stop commenting otherwise they will be expelled too. Isn't threatening if you speak on social media a violation of free speech law?

Answer:
 Document the threats, and forward them to the ACLU or FIRE. These sorts of cases are  in their wheelhouse. Answer #2: Is your school a public school? If it’s a private school they likely can do whatever they want regarding speech. FIRE will likely write a letter condemning your schools actions if this reaches them, but I see their letters being ignored more often than not.

Edit: I’d love to hear anyone’s input on if there would be a case for breach of contract under the following fact pattern.

A private university has a student handbook which states that it is a binding agreement between the students and university. The handbook includes a clause that states students have the rights of freedom of speech and freedom of assembly on campus. A student who organized an orderly assembly that spoke against the school and someone who attended the assembly are both expelled for their actions. Do either have a case? Answer #3: Jurisdiction?


Title: Cursing in Public ticket

Question: Was recently stopped by a cop in Virginia on my way to school and he was a real dick so I called him one and now I have a ticket for 18.2-388 using profane language. What should I do? I have to show up to court and the ticket can be up to 250$

Answer:
 Anti-profanity laws have been struck down across the country as violating the 1st Amendment.

In theory, you could dig up a lot of case law and make that argument to the court.  You could also talk to the local ACLU and see if they would be willing to help you contest the statute.

Realistically, do what /u/jcar128 said.


Title: (Orange County CA) Printer History with Confidential Information HR threatening to fire immediately

Question:
So an interesting thing happened today. There have been rumors for a while about a potential list of employees who will be laid off. Someone in the office noticed in the printer queue from our HR manager (This printer is a public printer and used for most of the office) Seperate documents in the queue with titles that would say "termination notice - employee name."
Things got out of hand really quickly and the entire office knew by the end of the day. HR probably scared for their own job quicky called a meeting explaining who was the person who originally saw the Printer Queue as they will be fired immediately and if no one comes forward they will start making assumptions on who that person is.

I would like to know who is in the wrong here and do they have any legal standing

Answer: Legal standing for what? Filing for unemployment? Sure.


Title: Ex caught me logged into her online credit card account (does this matter?)

Question: [deleted]

Answer:
 > Does this matter from a legal perspective?

You mean the multiple felonies you committed?  Yeah, those matter.


Title: Need Help!! Friend is Trapped in Horrible Ultimatum and He May Never Be Able to See His Kids Again!

Question:
So, this is a complicated situation.  My friend is in a broken marriage and he just recently cheated on her with another woman that he loves.  Now, being a good person, he didn't want to cheat on his wife, so as soon as he hooked up with the other woman, he began to file for a divorce.  So, there wasn't any sneaking around or anything.

Needless to say, his wife didn't take this very well.  Not only did she threaten the other woman on multiple occasions, but now she forced my friend into a very difficult choice.  His brother-in-law is apparently a very rich man and so now he's threatening to send his wife and kids to Dubai and legally do everything in his power to ensure that he never see's them again.

But here's where the plot thickens.  His brother-in-law is offering him a choice.  He can either risk never seeing his children again or if he gets back together with his wife, he'll pay off his debt and provide him with a nice house in New York and let him be with his children.

I guess my question is, is this rich guy legally able to do this and if so, what can my friend do to fight this?  He makes about 50k a year, so by no means is he well-off.  But it just really hurts to see a good guy get beat down so hard by another person.  Like, how could anyone use someone's children as a leverage tactic?  Oh wait, well I suppose Trump is doing this.  But, yeah.  The whole thing is fucked up and I really want to help my friend fight this thing so that he can be with his children.

Btw, if it's already not hard enough, they're from Egypt and I'm also not entirely sure how legal they are as U.S citizens.  They do work at a reputable company in America, so I'm sure they have a work VISA at the very least.

Thank you for the advice in advance!

Answer:
 If your friend has enough money to get a good attorney, he can file the divorce and the preliminary injunction will forbid the wife from taking the kids out of state. The attorney will want to act right away to put a hold on the children’s passports.

But if the wife has a wealthy relative and they manage leave the country go somewhere like Dubai, your friend may be fucked unless he can get lawyers here and there. And he may be fucked regardless.


Title: Got demoted and need to pay rent, what do I do?

Question:
I work at a busy restaurant as a server/bartender. My boss has always been a little crazy but she's never effected my life until recently.  In mid May, i was invited to her birthday lunch. I was unable to attend as I worked a double the night before and the day of. The next day, I'm a food runner. In her 5 bottles of wine drunken conversation with me she explained that not firing me was a mercy. She also said that I am not allowed the 2 cigarette breaks in my contract and often adjusts the clock in times of my paycheck.
Can I claim constructive dismissal in Florida?
Or should I just release rats and wasps in the restaurant?

Answer:
 >Or should I just release rats and wasps in the restaurant?

Definitely do not do this.

>She also said that I am not allowed the 2 cigarette breaks in my contract and often adjusts the clock in times of my paycheck

Do you actually have a written employment contract? I've never heard of that with a bartender.  You should contact the department of labor about her adjusting your times.

Your best bet is to find another job; restaurants are constantly hiring.


Title: Mom and daughter in crisis, grandmother trying to make life for us hell need legal advice

Question: I live in Delaware, my ex and his mother live in Pennsylvania. My ex and I have joint custody, he is now doing a prison sentence (1-5years) for getting a drug and alcohol related dui with minor occupant (our daughter). his mother wanted to exercise his visitation while he is incarcerated, (i explained to my ex, his attorney and the grandmother i would only agree if my daughter had her own bedroom for the visits (because my 11 year old daughter expressed to me she does not like to go to her grandmothers because she has to sleep in bed with her grandmother) the morning of our pre-trial (april 4th) my ex, his attorney and the grandmother all assured me the grandmothers home was remodeled and a bedroom for my daughter was added. so i agreed to her getting his visits..when we went into court the attorneys told the judge we came to agreement. attys were to draft custody order and submit to the judge. i spoke with my atty (april 24th) and again expressed my concern about the sleeping arrangements my atty told me that they spoke to my ex's atty and they agreed order would not go into effect until a video of the grandmothers home or pictures of all the rooms in the home were submitted by the grandmother. The Beginning of (May) i started getting ignorant and threatening calls from the grandmother, every weekend she claims it is her weekend and that i better bring my daughter to her. she threatened that once she gets my daughter I wont get her back.she has called the police 7 times. and filed reports with child services twice. claiming i kidnapped my daughter, im abusing my daughter, and that im using drugs . the police have put in on file that her reports are not for concern for my daughter but instead to harass me. child services has investigated my home twice and said there is nothing wrong at my home. To this day I have received no video or photos of the grandmothers home ..my daughter stated to me she is afraid to go to her grandmothers and that her grandmother always wants her to lie to me. she said grandmother told her to lie to me and say she wasnt in the car when father got dui with her in the car and told her to lie to me and tell me that she has her own bedroom at the grandmothers, my daughter said she does not have her own bedroom that her grandmother makes her sleep with her.  On (june 22) I was served with a rule to show cause to find me in contempt for denying grandmother visits attached was the new custody order (dated May 25th)..i was told no order would start until the video or pictures were submitted. apparently my own attorney even lied to me ..What can i do to have this order vacated or dismissed or stop the visitation???

Answer:
 Talk to your attorney again and tell them they need to straighten this out.Answer #2: Can't imagine why you would agree to the modification that the grandmother took over the son's visitation, or why your attorney would say it was a good idea.

You were perfectly free to let the daughter see the grandmother whenever you want.  Now you are obligated to.  But, I guess it is what it is.

It's unclear:  Does the order stipulate the requirement for separate sleeping arrangements, and video evidence (which is also a little odd)?  If so, your defense in the contempt charges should be easy, as you are not in contempt of any order.

If it's an undocumented verbal agreement, not so much.

I think you should consider getting an opinion from a different attorney.


Title: I was out of town during a court date for a speeding ticket, I had plane tickets and everything paid. Tried calling the court to reschedule, but they never answered. What should I do?

Question: Now I have a liscense suspension. I'm thinking I should just go down there and explain it to them, but it's a small town so they'll try to get every penny.  I know I wasn't radared so I could have easily fought it.  (Jewett, Texas)

Answer:
 I'm a police officer and I'm here to tell you when I write citations the court date is a month and a half or more in the future. You had all that time to call and ask for a new court date. You didn't receive it on Monday and have a court date on Tuesday. Now your license is suspended and if you get caught driving you're in deep water. If you get into a crash you're also in deep shit because yo should have never been driving in the first place.

Call a traffic lawyer pay the fine, fill out the necessary paperwork to get your license reinstated. It's most likely on Texas DOR website or you can call and I'm sure there's a directory.Answer #2: It'll be difficult.

What you *should've* done is contact the court and ask to reschedule before your first date. If you had plane tickets bought in advance, the court likely would've agreed. Now that you've missed the date and been convicted, it won't be as easy.

You'll have to file a motion to re-open and ask the court to give you a new trial. You could also appeal on the same grounds but you'd likely be less successful. I'd recommend calling the court to ask how you can file the motion - a lot of courts accept motions by e-mail and fax these days.

I don't think you have a good chance, honestly, but it's always worth a shot.


Title: [Ontario, Canada] Mother needs increased spousal support payments

Question:
Hello,

The situation is as follows: My parents divorced in 2012 (I believe) and my father is self employed and makes decent money (into 6 figures). This has always been the case. My mother on the other hand has never made good money and has always taken care of us 3 kids (aged 19-26) and did whatever she could for us. The father being the less than ideal person he is has never really supported her, and has made a point to provide nothing beyond the minimum that he is obligated to.

For the last year or so my mother has had an awful time landing a job that pays anything. She is 52 and a hard worker, however, the job market is that such she will cannot even land a retail or food service job because she is over-qualified for that and the number of people applying for those jobs are high in her region.

My question is if it is possible to explore an avenue to increase the $800 or so that she gets monthly? And what would be the first steps in that? I am happy to do a lot of the legwork to get it in motion, I just need to know where to start. I am living in BC so it is a bit of a challenge but I want to support her in anyway that I can.

Thanks for any assistance.

Answer: You could all get jobs and contribute.


Title: I (20sF) want to stop seeing and potentially report my therapist (?F) who violated privacy laws

Question:
## Was told to cross post this here from r/relationship_advice.

## I have been seeing my current therapist for about a year. She ended up being the therapist my boyfriend also sees. Because I was seeing her for reasons unrelated to my boyfriend, I didn’t think this would be a problem.

## Eventually my boyfriend and I started having problems, so now the therapy session turned into discussing BF. I should have known this would be a problem but I didn’t want to undo any progress I’ve made and start over with a new therapist. Maybe it was my therapist’s responsibility to step up and say it was inappropriate and stop our sessions? I don’t know.

## My therapist said BF’s mom has continued to bring me up during her session, wanting to know when I last saw her and saying I don’t seem like I’m doing well. Which I think is already a privacy violation to begin with, right? Why is she telling me what his mom said in her session?

## Last session, my therapist told me that his mom told her some stuff about me and asked if I want to know what it was. I ultimately said no. Later in that session, she asked what I thought BF told people about our relationship issues. I said probably not much? My therapist asked if I thought BF said quite a few mean things about me. I was like ?! No !? And then she said “I think he’s lying to you about what he says.”

## Clearly his mom told therapist that BF said all these things to her, which I know is not true. BF does not have a close relationship with his mom and his mom constantly makes up stories. I think his mom just made up all these things, why I don’t know.

## But anyway, this is a violation of privacy, right? Therapist implied that his mom told her all these things, and then she told them to me. I feel uncomfortable seeing my therapist anymore. How do I tell her I do not want to see her anymore? If I were to report her, where do I go and would she lose her job? What would happen to her? I’m in America.

Answer:
 "America" is too broad of a location. But generally yes, from what you're describing it sounds like  professional ethics are being violated here. You should contact your therapist's licensing board. Provide as much detail as you can in terms of dates/times of the incidents, but don't make things up if you don't remember them. Answer #2: Wait, so your therapist sees you, your boyfriend AND your boyfriend's mom?

What type of license does she have (e.g., LICSW, LMHC, etc) and what state are you in?  is she in private practice or part of a clinic?  You should definitely report her to the appropriate agency.  She is not likely to lose her job, but will have a complaint against her.  The specifics of what that means depends on your location and her license.

As for what to say, I'd be direct and concise.  "I no longer feel comfortable working with you, as you have shared details of other clients' sessions with me.  My last session is/was mm/dd/yy."

NAL but a former LMHC.


Title: drinking soda while shopping, not paying

Question: my girlfriend has been drinking soda in the grocery store when she shops not thinking it was a big deal because she buys other things there all the time (not paying for the soda though), but she said the other day a manager followed her around and made her feel very uncomfortable. Now she is concerned they will track her down via her credit card purchase and get the police involved. She has done this since we moved here a few months ago and we live very close so she (we) go often. she has a habit of always drinking the same thing and is now concerned perhaps the store noticed and was considering it a bigger deal than she was. Is this something they can do, or would bother doing? She, and now I, am very concerned.

Answer:
 She can stop committing petty theft. Answer #2: >not thinking it was a big deal because she buys other things there all the time (not paying for the soda though)

Incredibly juvenile way to look at theft.

They can find out who she is, and they may attempt to have the police file charges or to sue her for the product she drank. If you're approached by the police or they come to your home, answer no questions and retain a criminal defense attorney. Answer #3: So I guess if I buy her car she has for sale I can steal her phone too since I'm giving her thousands of dollars already, right? She should stop feeling entitled to take things that aren't hers because she buys some other things there and STOP STEALING!!!


Title: Not sure if i fucked up... but my mom says i sure did

Question:
I got involved in a miniature fender bender in the pouring rain on my way home from work today. Tapped this older lady and she was just furious. It left no cosmetic damage and i was hoping we could walk away from this like nothing ever happened so no ones insurance would go up. Anywho she pressured me into giving her my information and she only had my name, phone number, and insurance card. Should i be preparing for a lawsuit?
Topic:
Traffic and Parking

Answer:
 No you did the right thing.  You’re required to give that information after an accident, even a minor one.   If she wants to sue you, your insurance will cover it.

If you had left the scene or refused to give your information, it could have been considered hit and run.


Title: Is this Illegal

Question: I’m 13 years old and me and my friends where trick or treating when this lady chased us down in here car, she  got out of here car and started to yell at us that we took all of her candy, we did not we took one piece as expected, she later decided to take all of our candy and dump it on the floor. She start to scream and cuss at us. She later pushed my friend while he refused to show her his candy. She threatened to call the cops. She followed us back to the house and proceeded to yell “the cops are going to arrest you fuckers” this middle aged woman yelled at us cussed at us and all just because we took one piece of candy.

Answer: Yelling at you is not illegal. Pushing your friend and dumping your candy all over the floor absolutely is. Tell your parents. Answer #2: Chasing you down, pushing, and dumping the candy would all be crimes. Tell your folks and together you guys and the other parents can decide if you want to go to the police. She may be ill, but if there was a risk of her injury you folks, that isn’t an excuse. She may also just have an awful temper. Answer #3: You need to report her to the police, especially if you remember which house is hers. She broke a few laws and none of you deserved to be treated that way. Answer #4: It was not legal for this woman to do this to you and your group of friends. Immediately inform the adults you trust about this issue and call the non-emergency police hotline as soon as possible. I would suggest that you compile all evidence you have immediately and ask those who lived in that area of town where the confrontation went down if they saw anything or even have video recording of that scenario. A lawyer would be important for you to get because you will be going to court if you decide to press charges. I wish you the best of luck with this situation.  Answer #5: Buddy, tell your parents. Did you get her plate numbers?


Title: What would you do if your co-worker was stalking and harrasing a 20 year old dating a 29 year old? Like your co-worker is stalking them and the couple doesn't know it and your co-worker plans on breaking into his apartment to assaults' the older party. What would you do?

Question: What would you do if your co-worker was stalking and harrasing a 20 year old dating a 29 year old? Like your co-worker is stalking them and the couple doesn't know it and your co-worker plans on breaking into his apartment to assaults' the older party. What would you do?

Answer: Dude, stop. You’ve made a range of posts about stopping relationships to killing people an the ages keep changing. Get help and get a different job before you change the life of somebody else and your own life for the worse, permanently.


Title: A person refuses to pay after I painted their house

Question: I painted a person's house last night and they refuse to pay... I charged them 2000 dollars since they had a big house and she refuses to pay saying "since we just met I won't pay you'll probably buy drugs" is there any way I can sue her to get the money she owes me?

Answer:
 Small claims court is your beat first step. You don’t have to have a lawyer for this.Answer #2: Suing her in small claims is how you can get it back. It helps if you had a written contract (but is not necessary, the law does not assume you'd be willing to paint her house for free). Save copies of any contracts, photos, communication between you and the customer.Answer #3: You can take her to small claims court.  You can also put a lien against her house until she makes restitution.  With a lien aginst her home, she can not sell it.Answer #4: Presumably you had some sort of written contract or just verbal?

Gather all evidence of communication between you and the client. If they own the home you can probably file a mechanic’s lien against the property if they refuse to pay. They won’t be able to sell until it’s released (they pay you).


Title: So I just got a letter saying my license is suspended. Indefinitely. (AR)

Question: So yeah, I was over the limit. Got pulled over for speeding. Hired a lawyer who told me they would handle everything. I didn't even need to go to my hearing...that was back in February. He said they would file a motion for discovery or something so he could get the dashcam video. Once he got it, he would call me and we would watch it together....i called him a couple months later, his assistant said they didn't get anything yet....today I get a letter from the state saying I'm suspended indefinitely. What!? I'm calling my lawyer on Monday, of course, but really..wtf. How does this happen when I spent the money on some legal help.

Answer:
 Contact your attorney. You're going to need to apply for a hardship license that will allow you to drive conditionally to and from work or school. Answer #2: > How does this happen when I spent the money on some legal help.

Maybe the drinking and driving had something to do with it.


Title: Would I (18f) be able to get a new child support card and suspend my mothers?

Question:
My mother and father divorced when I was young and my dad pays around 200 every two weeks in child support, he has a few thousand in back child support however so he'll continue paying when I'm in college. My mother and I aren't on good terms so I don't plan on keeping in contact with her once I move into dorms. We live in Oklahoma but my dad lives in Nevada so would I be able to contact Nevada's child support service to receive a card?

Additional info:

I do have a half sister but she is biologically not my dads. My mom doesn't actually know who my sister's dad is but the guy she's trying to claim is has 6(?) other children so if we get cs for her it's maybe 25 a week. I'm not sure if we get any for her at all however.

My mom usually spends the money on herself (cigarettes, energy drinks ect) and gets really pissy if I ask her if she plans to spend the money on her kids. That's why I'd rather try and get a new card instead of asking her for it because I know she's gonna throw a huge fit if I do.

Answer:
 No, child support is paid to the parent, not the child (even if you are 18.). It’s your mothers money, not yours.Answer #2: If he has back support, then he still owes for time during your childhood when he didn't pay. That money is legally and morally your mother's.

If your parents' custody documentation requires your father to pay new obligations accruing now that you're an adult, that document controls. If it says to pay your mother, the money goes to your mother. Most child support ends - other than paying down any arrears - when the child in question reaches adulthood.

Because money is fungible, even if your mother is using the child support payments to pay for her smokes, that still frees up money somewhere else in her budget to pay for the kids' needs. If she is not adequately caring for her kids, that's a separate issue.


Title: Girlfriend's brother won't be allowed to leave psychiatric hospital

Question: On Wednesday, June the 1st, my girlfriends brother (let's call him Michael) got into an argument with his brother (Jason) after getting drunk. The fight with Jason escalated and when Jason left, Michael cut his wrist horizontally with a pocket knife. He cut himself four times, and 2 were deep enough to require stitches.  We took him to the ER where they tended to his wounds and we had to wait for a counselor who would judge if he was a danger to himself or anyone else. My girlfriend and I had to leave as it was 4 am in the morning and both had to get up early for work. So we left him at the hospital before the counselor arrived. Mike had already made it clear that he wasn't actually trying to kill himself, he was just drunk and very depressed. The counselor decided that he needed to be sent to to a psychiatric hospital (Millwood Hospital in Arlington, Texas). After work, we tried to contact Mike but we learned that the hospital took away his phone making it almost impossible to get in contact with him. My girlfriend tried to get him out of there but they wouldn't let him leave even with a family member there. They are charging my girlfriends family around $1k a day and they will not let him leave even with his parents wanting to take him out. They won't let him leave until a doctor sees him to make sure hes not a harm to himself or others. A doctor didnt evaluate him until after 24 hours of him arriving at the hospital. What legal actions can the family take, being forced to pay that much each day, even when they don't want him there?

Answer:
 There is a reason that an involuntary psychiatric hold is called that: it is involuntary.  Neither the patient nor the family has the option to "opt-out" of it or leave.  They need to be cleared, and 24 hours is a very reasonable time frame for an eval.

There was PLENTY of cause to hold Mike.  If he was self-harming to that degree, he could easily have severed something vital on accident and done permanent damage OR accidentally bled out.  This isn't even a borderline case.   This is clearly an appropriate course of action.

There is nothing the family can do.  Maybe they should stop fighting the people who are actually trying to get their son the help he clearly so desperately needs and ask themselves why they are trying to prevent him from getting treatment OR why they did not intervene before this.

This is the life of their son.  Literally.  Why is that worth so little to them?


Title: Question about employer not giving employees their mail

Question:
Takes place in Delaware

Hey Legal advice,

Background A bunch of coworkers and I would like to organize a union for the blue collar workers of our municipality. The departments we hope to organize have 100+ workers in it and we need at least 30% to sign up to hold an election. We anticipate a lot of difficulty in pulling this off, but I am committed to trying fight the injustice I see here.

The Question: If we were to send 100+ letters to the workers whom we are hoping to organize, and address it to the Town hall or public works building in the following manner,

Joe Everyman
Anytown Public Works
123 Main Street
Anytown, DE 12345

Would the town have to ensure each addressee receive his mail? Should we do certified mail to have a record of the mailing? And would the Post Office inspector become involved if our employer throws away or refuses to distribute the mail?

Answer: Mail sent to your employer’s address can be opened by your employer. Personal letters should be sent to their home address or hand delivered.


Title: Got caught spraypainting

Question: I know, I'm a huge dumbass. I feel awful and embarrassed. I have court in 2 weeks and don't know if I should go talk to the owners and see if I could clean it up, or just wait and see what court brings. It was 3 different buildings I think, just got cocky. If anyone has advice, I would be very grateful.

Answer:
 Don’t talk to the owner’s, there not the ones charging you. The state is.

Talk to a criminal defense attorney before you talk to the victim’s.


Title: Unnecessary medical procedure and resulting nerve damage

Question:
Location: Colorado, USA

I had an endoscopy back in July because my family had been pressuring me to ensure I didn't have the same low stomach acid condition as my father in law (he was treated for high acid instead and I am treated high acid so they were all worried about the same nasty scenario for me in 30 years).  Told this to the PA who then recommended the endoscopy.

While prepping for the procedure, the nurse kept trying to put the IV in my right (dominant) wrist right below the thumb.  Finally getting it in, she hit a nerve and my arm lit up like I was being electrocuted.  She said to hang on while she got it in as if to just tough it out. I didn't know any better and tried to keep quiet after that.  I am still having pain problems with it, wear a brace at night, and can't lift small heavy things with that arm alone.  I called their nurse line a few days later when the pain became worse and left a voicemail around 1pm (their answering machine said calls before 4pm would be returned same day).  They didn't call back for three days.  I had already visited my GP's office for help by then and been instructed to use muscle relaxers (Rx provided) and a brace.

At my two week follow up , the PA said nothing about the low acid, so I asked.  She informed me there's no such test and implied that my FIL must have been in holistic medicine. It was clear by her tone she respects that as much as she does voodoo.  Insults to my family aside, she said she would talk to the doctor who performed the endoscopy about my nerve pain and get back to me, but I have yet to hear from her.  Why did we go through all the trouble and $1,000 out of my pocket for this procedure then?!

Due to estimate problems, they are now billing for more money (they assumed my deductible had already been met "because most people have done so [by July]" when they gave me the estimated cost and collected it).  A billing manager gave me 20% courtesy discount after an explanation of the situation.  She also said she would have the head nurse call me about the nerve pain from the IV.  I haven't heard anything from the head nurse.

I asked for a current statement of account today and they refuse to give me one.  They will not give me any written proof of this discount.  They will not give me a copy of their notes that outline the concession since they are proprietary.  When I explained that I need some kind of protection/guarantee that they're going to honor this verbal agreement, I was told: "I'm sorry things can't always go your way.  This is the way it is.  What do you want?" I have never been treated so rudely as I have in the two conversations with this billing department.  I strive to stay civil and grateful for the time of anyone I deal with, so I don't understand this kind of attitude.  I'm not calling in to yell.

I still wear a brace at night and sometimes use a heating pad.  It's too much of a bother to wear at work though.

Two questions:

1. Was the nurse's choice to put the IV there normal and should I just live with this or pursue it further?  Cursory googling tells me this spot is against standard nursing practice for this very reason.

2.  Are they allowed to withhold my account statement from me?  I just want some kind of assurance I only owe what they've verbally told me I do.  What's to prevent them from sending me another bill if I have nothing in writing?

Sorry for the wall of text.  The number of different providers and departments has kept me entirely confused.  I totally get I should have double checked the estimate  and my deductible, but the rest of this astounds me.

Answer:
 I have never heard of a medical provider not providing an account statement.  Escalate this to supervisors or the doctor him or herself.

If you believe you have nerve damage because their care was outside of normal medical care standards, see a medical malpractice lawyer.  These cases are very fact-specific.


Title: 2hr non-conditional eviction notice. What are my rights?

Question:
I was given a 2hr notice to leave the room I'm renting today.
(it's a safe and sober up in everette wa)
This is not enough time to get all my stuff together, in fact my time has already expired.
It is a day-day lease, and they are not refunding my deposit.
On top of this they want to claim the rent I paid in advance, claiming it falls under the deposit clause in the lease.
What are my rights, can I argue this?
Can I refuse to leave?
And no, I have not received a written eviction notice.

Answer: Safe and sober ups have their own weird rules from what I can tell. Have you tried calling whatever city department manages them?Answer #2: Transitional housing is often not covered by most of the landlord/tenant laws in WA (and many other states).  Why are you being evicted?


Title: Gone for 24 hours and the locks are changed. [NY]

Question: I got into an argument with a family member that I live with and walked away until tempers could cool down. I came to stay with a friend for the time being, and when I went home to get something that I needed, I found that the lock on the front door had been changed. What are my rights/privileges if any and how should I handle the situation?

Answer: Are you paying to live at the place you were kicked out? And how old are you? Regardless you may have tenants rights and they can't just kick you out, they have to evict you.


Title: Can someone decipher this email from my apartment complex corporate manager? I’ve been battling my upstairs neighbors rude behavior for months and I’m hoping for a resolution...

Answer:
 They are trying to get rid of the upstairs neighbor but aren’t sure they can. They will let you move out with no penalty if that is your wish.Answer #2: Your landlord is attempting to evict your neighbor, they previous sent them a 7 day notice(to move out, or cure whatever they were doing).

They saw your video and are talking to their attorney about what else they can do. With covid, there is a nationwide eviction moratorium from the CDC for non payment. It also covers evictions if someone else has no where else to go, but whether or not it would cover someone being evicted for cause is fact specific.  It covers until March 31st and may be extended again. Also in a lot of places the courts are still not operating at full capacity, and there are more evictions than normal so it will take longer than normalAnswer #3: I don’t know what he means by the covid piece.


Title: how much (if any) is inheritance tax (from life insurance) if you aren't related to the deceased? the receiver lives in Kentucky and the dead lives in florida.

Question:
and can you cite your sources please?
Topic:
Tax Law

Answer:
 First off, estate taxes are paid by the estate, not the recipient. (The same applies for gift taxes; the donor pays them, not the donee). Secondly, estates less than $1.5 million pass tax-free. If you're talking about an estate of more than $1.5 million, you need a lawyer, not reddit. Otherwise, no tax. Source: http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Estate-Tax

Secondly, life insurance is generally not part of an estate and generally not subject to estate taxes. Unless it's a truly massive policy that's arranged in a particular naughty way, generally life insurance benefits are tax free as well. Again, if you're talking about a huge amount of money, go talk to a lawyer or tax accountant.

Edit: I'm referring here to federal taxes. There actually may be state-level taxes that apply for smaller amounts. Florida law should apply to the estate, and florida does not tax estates anymore. Source: http://dor.myflorida.com/dor/taxes/estate_tax.html

Kentucky's law would not apply, but KY also no longer taxes estates: http://revenue.ky.gov/individual/inherittax.htm

Usually life insurance benefits are still tax free, but again, a lawyer or tax accountant would probably be in order.

Another relevant link: http://www.ameriprise.com/budgeting-investing/tax-center/tax-savings-tax-tips/taxation-of-life-insurance.asp


Title: Would it be considered theft to drink a soda in a convenience store after the clerk denied you the sale, even if you offered to pay for it afterwards?

Question:
https://www.reddit.com/r/pettyrevenge/comments/3mq34e/wont_break_my_20/cvhby1l?context=5

Not a big deal obviously, but I'm curious if I'm getting downvoted 'cos I'm a dumbass with little legal knowledge (which is true) or if I somehow got it right, and people are just upset it goes against the "justice porn" fantasy.

Edit: For LocationBot's sake I guess assume we're in NYC, but feel free to comment on the legality of it in your jurisdiction of expertise.

Answer:
 Why would you think that this *wouldn't* be theft?

Would it be theft if I took your XBOX to my house, told you were never getting it back, and then offered to pay you for it?


Title: Shot in the leg with nail gun at work.

Question:
This happened a two years ago, I only received about $300 in compensation from work safe BC, Canada. I never made a police report, can I still pursue a lawsuit against the asshat who shot me? As I had to some time off of work after the incident to recover. I still have anxiety about going to work, and am paranoid while working..
Currently still work in the same industry, carpentry..
Any help is appreciated!

Answer: Sue for what? You got your medical bills taken care of and I am assuming the $300 was for the wages lost. You don't have any quantifiable damages to pursue him for.


Title: If I was accosted but had a legal firearm on my person and subdued the attacker to the ground while still holding my firearm on him, and police were on their way, what would be the safest procedure for me to follow for when the police arrive so they do not think I am the attacker?

Answer:
 Keep your weapon pointed at the ground, follow all of their commands and make slow and deliberate movements.

If you call 9-11 before they get there make sure to tell the dispatcher that you’re lawfully armed, that you will do everything the officers tell you and give them a description of yourself.Answer #2: Put away your gun, let him up and wait for the police to arrive.

By the way, in most places in the U.S., it's illegal to use a gun on a person who accosts you.


Title: Break up=Baby? Ex being unclear on paternity

Question:
Oh boy, this is what incautious fooling around gets you.  26 in CT

Quick back story: Was sleeping with a girl we will call L while she dating another guy we will call C. C & L's relationship was always rocky and L started having an affair with me. C eventually finds out and L moves in with me temporarily, then to her Grandma's place for a month or so. I eventually find out that she never actually broke up with her C and is now living with him again. I wouldn't have minded so much had she been open about it. This causes a fight that seems to have terminated our relationship and as a parting shot so as not to lie by omission (part of our argument) she claims she's pregnant but not to worry. *que worried jpeg* I ask to meet to talk about this but she insists that no, she's got it. As I press harder she says that it is not my child, it's C's (what a relief!) but her story seems shaky AF. She changed her answers so many times and has history of only telling half truths. I don't know what to believe. She can't possibly know who the father is at this point and it very well could be mine. She seems not even to want C's help and is flatly denying the possibility that it's mine. I just don't know what to do.

TL:DR

I might have a kid and I don't know what to do. If it's mine I want to be there for it. How do I protect myself from some lonesome 18 year-old knocking on my door some day asking if I'm his/her biological father. I don't have a ton of $$ but could probably afford a lawyer if I needed one.

Halp.

Answer:
 Until the baby is born, there is not much you can do.

If the baby is born and she comes after you for child support, get a paternity test.

If the baby is born, but she doesn't come after you, and you want to know who the baby's father is, get a court ordered paternity test.


Title: ID- Made art piece using materials bought by somebody else, now ownership is in question. it may belong to jesus.

Question:
I created a very elaborate art piece for a nativity play for a church. A church goer paid for brushes, paints, and paper. I took them to my studio and made the piece. I returned the brushes and extra paints to her. And, I know legal advice is reals not feels territory but I spent about 20 hours on this piece. The church loved it, used it, doesn't care what happens next with it. The gal who bought the materials demands it's donated to the private school so the kids can do plays with it. I initially put up some resistance, because the kids here are g-d destructive and wouldn't give a fig about it except for to destroy it. Because church lady started such a stink about it, I said fine, but first I would like to take some pictures with it at my studio, then they are free to rip it apart as fast as their tiny hands can grab. She refuses and says it was a donation to Jesus and not mine, and since Jesus don't want it it belongs to her because she paid for materials. She refuses to "loan" my piece back to me. It may have something to do with the fact many of my photos incorporate nude figures. It really doesn't matter, I'm just a little annoyed because I put a ton of work into it.

Thoughts? Also feel free to convert this issue into an adaption of the "NEXT!" churchlady meme.

Edit: still in idaho

Answer:
 Lesson for next time: clarify these sorts of things earlier in the process.

When you gave the art to the church, was there any agreement or indication that you would be getting it back?

In the absence of any such agreement, it seems to me like the art was donated to the church and they can do whatever they want with it.


Title: We were at a restaurant and saw 2 very little kids bringing dishes back and fourth.

Question: We went to a restaurant (I’m not sure if I’m allowed to say what restaurant) and we saw 2 little kids maybe 6 and 8 walk around taking orders and bringing dishes back. At one point the older kid walked up to us and took pictures? (I am also clueless about that). And to top it off one of the 2 adults didn’t have a bra on. Keep in mind, this is a major food chain and has a 92 health score. Is this child labor?

Answer:
 > And to top it off one of the 2 adults didn’t have a bra on.

Um... what does this have to do with anything?

> Is this child labor?

Literally, sure. Legally, children who are age 12 years or younger are allowed to work on a farm, and 12-year-old children are allowed to work for their parents' business on the condition that their parents are the sole owners of the business or franchise they are working for. They can work at any time of day and for any number of hours, according to federal family business child labor laws. There may be restrictions at the state level. Some state laws do not allow parents to make their 12 year olds work during certain hours when they are meant to be in school, as stipulated by school attendance laws. 12-year-olds are also allowed to work in occupations for businesses that are owned by people other than their families. In such instances, they are bound by federal laws, as well as by state laws concerning work hours – particularly those laws connected to compulsory school attendance.

The state matters. In Missouri, family businesses do not have to comply with state labor laws, under the condition that the parent or guardian has direct control over the child employee.

You can report this to your state's department of labor.Answer #2: If the parents are the sole owners business it's fine.

Not having a bra...wtf does that have to do with anything?


Title: Car Towed by apartment Management while out of town, am I responsible?

Question:
I have been out of the country for the last 10 days on a much needed vacation. Upon returning I learned that we had gotten a snow storm and my apartment complex had towed my car to plow the lot. I had a few issues with this:

1. I received an email at 8:07am saying that they were towing my car that morning. I wasn't given warning whatsoever other than that, definitely no where near 24 hours.
2. I was registered to the complex with all of the required stickers.
3. There is absolutely nothing about towing due to weather/emergencies in my lease or any of the apartment rules. The only thing about towing is if I am removed from the premises for 5 days or more and also defaulted on my rent payments.  I read through them this morning

We are located in NH, could I potentially have a leg to stand on here? The fees are more than a grand and I am a little desperate.  TIA!

Answer:
 First thing's first, pay to get you car from the lot so it stops incurring fees.

Then, talk to apartment management, and ask them to point out what authorizes them to tow the car.  If your lease doesn't identify anything that allows them to, then ask them to reimburse you for the cost of the tow.

If they refuse, you can sue them in small claims for the amount you paid.


Title: Were my FERPA rights violated?

Question: I am a college student in Maryland who recently got in trouble for an alcohol violation. In the subsequent meeting with an administrator I was informed they couldn't tell my parents the details of the event just that a meeting took place. Later in the day my mom called the same administrator who gave her the full details of what happened doing exactly what she said she wasn't allowed to do. Were my rights violated?

Answer:
http://www2.ed.gov/policy/gen/guid/fpco/hottopics/ht-parents-postsecstudents.html
>Can parents be informed about students' violation of alcohol and controlled substance rules?

>Another provision in FERPA permits a college or university to let parents of students under the age of 21 know when the student has violated any law or policy concerning the use or possession of alcohol or a controlled substance.


Title: Would someone in the US with diplomatic immunity have to pay a parking ticket?

Answer: No.  It is an issue, unfortunately.  [Here is a short article on the subject from TIME](http://time.com/3421587/diplomats-parking-tickets-new-york/)


Title: Wedding Venue Deposit "Non-refundable"

Answer:
 So the TL;DR version appears to be 'My friends put a deposit down on a venue, signed no contracts, and were never told it's non-refundable.  Now they want a refund and the venue is refusing.'  Is that right?

If so, her recourse is to sue if this person won't return it.  At best, they have a verbal contract which says they have to pay X dollars to rent the space.  They aren't renting the space, so they don't owe the money.

File suit in small claims to recover the $1,400 if she refuses to return it.  Answer #2: Way too long, I suggest cutting it down so that more people will read it.

Is the gist that your friend paid a deposit, there's a dispute over whether anything indicated it was non-refundable or not, is now not getting that deposit back and wants the deposit back?

There's nothing you can really do other than suggest she speak with a lawyer, or file a suit in small claims court if she thinks she is right in that she is owed the deposit back.


Title: Possible faulty handheld radar (Australia)

Question:
Hey guys. Pretty desperate for help here. Anything would be helpful at this point.

My partner was driving us home from Sydney (we live in Victoria) and we were pulled over by NSW police about 15 minutes from the Victorian border. The office that pulled us over was extremely aggressive and rude and asked us how fast we were going. My partner admitted that he was speeding (going 120 in a 110 zone). She stated that he was going 157km. Our car can’t physically go over 140km, it starts to shake and become a nuisance to drive. We asked her for proof of our speed and she hastily showed us a hand held radar. We politely asked her for more proof and she said “if you want to argue with me, I’ll arrest you and take you to the station”. My partner had his license taken on the spot for 6 months and was given a 2,400 fine. There is no way we were going 157km and know that our speedometer is not faulty. Any advice would help us out. We’re pretty desperate as his job relies on his license and we really can not afford that fine.

Thanks in advance.
Topic:
Traffic and Parking

Answer:
 Make an appointment to see a lawyer who specialises in traffic law ASAP.

The lawyer will know the exact steps to obtain the correct records for what I assume was a LIDAR gun and it’s calibration records.

The lawyer might have some ideas how to verify that your car does indeed have difficulty going past a certain speed on a highway without various issues occurring.


Title: She cried rape

Question: So my little brother dated a girl for about a year. He broke up with her because she wont quit drinking and taking pills. She is 18 and my brother is 19. About 3 weeks after they broke up they had sex. A couple days after that they got into an argument because he wouldnt take her back and now she is telling everyone he raped her and was abusive. At first he let it go because rly what was he gonna do? But enough is enough it's been weeks now and shes still telling people. Its affecting him at work and with his friend. What could he do to help his situation?

Answer:
 He can pay a lawyer to send her a cease and desist order.  Allegations of rape are serious and this may constitute defamation if she continues to share these allegations without moving forward with police involvement.

Beyond that, don't speak with her or to her, and save *any and all communications* you find that have her name attached to them.

A consultation with a criminal defense attorney may be in your brother's best interests.


Title: [FL] License being suspended for red light tickets I never recieved

Question:
I received an Order of Suspension in the mail yesterday that my license is being suspended in two weeks because of an unpaid ticket, but I haven't been issued a ticket (ever).

When I called the clerk this morning, she said it was a red light camera violation I received while I was in a rental car (my car was getting body work done) and that the private organization that is responsible for red light infractions left off my apartment number which is why I never saw the violations. Never offered to get me a copy of said violation or told me how much I owe.

I am now trying to schedule a court date to have this dismissed since I've still never seen the violation, citation, don't know what the fine is, anything. All I was told is it was from May 31st and that the organization had my address wrong.

My question is do I need a lawyer to fight this or will simply explaining to the judge that I was never served a notice or citation (which the clerk freely admits was their contractors error) and had no way of knowing this happened and asking for the case to be dismissed be sufficient?

Answer:
 You may get some leniency if you can prove that they didn't send it to the right address, but I wouldn't expect to get away without paying the ticket at all. They likely have you on photo/video running the red light, that's more than enough for most judges.Answer #2: Im just curious, but it seems like if OP has to take a cab everywhere until this is cleared up, and that damage is a result of the private company's failure to properly mail the ticket, would OP'S have a chance at a case against that company?Answer #3: I once got a traffic citation in GA where me and another lady were pulled over at the same time. The officer gave me the the other lady's ticket, and I assume that he gave her mine. Anyways, after some research, this seemed like something that the legal system refers to as a 'failure to serve', or something like that. And the judge immediately dismissed the citation on my day in court.

Would this be something that OP might be able to use in his defense?


Title: Can an employer say something like this in a staff meeting (Missouri)

Question:
I started a job at a daycare last November.  Before I began, I emailed my boss to ask about dress code.  She sent back that they are very relaxed with the dress code and most staff wear jeans and sweatpants.  She told me to wear clothes that I was comfortable moving around in and getting soiled.  For about a month, I wore sweatpants and yoga pants with no issues.  Then one day I was pulled to the side and told to stop wearing yoga pants.  No big deal.  However, others were allowed to continue wearing them.

I didn't care too much because I could still wear sweatpants and that was the majority of my wardrobe.

Fast forward to three weeks ago.  There was a notice posted in our lounge that the dress code had totally changed and we were no longer allowed to wear form-fitting clothes.  We could wear athletic pants, nylon track suits, scrubs, khakis, or jeans.  I was wearing a pair of Victoria's Secret boyfriend sweatpants which are pretty baggy.  I went to ask my boss about wearing those.  She told me that they look good on me, but wouldn't look good on her.  For that reason, I wasn't allowed to wear them.

An emergency staff meeting was called yesterday.  During the staff meeting, we were told the dress code was being changed again because "some people can't handle it."

At this point in the meeting, she looked at me and said, "I'm going to pick on you.  Sweatpants, scrubs, and yoga pants look good on you but they don't look good on everybody.  I have to accommodate the majority of our staff and their body types.  So everyone will have to wear jeans or khakis."  I was wearing skinny jeans yesterday that definitely weren't skin tight, but they're not pants on the ground baggy.  Because of my body type, there's only one brand of jeans that I've been able to find (and can afford) that fit me.  They just happen to be boot cut and skinny style.  I asked in front of everybody if the jeans I was currently wearing would be okay.  She told me, "They look good on you, but they don't look good on me.  I'm going with no."  She then told me I would have to go buy jeans that were a bigger size (as in not my waist size) and saggy and wear them to work.

I was totally dumbfounded.  I couldn't believe this was said.  Some of my friends have said this is harassment, but I think it's just my boss being ridiculous.

Can she seriously create rules like this?

Answer: Agree with others.  SHe is being ridiculous but it's not actionable.Answer #2: Yep, she sure can.  I'm not sure I understand what her goal is, though--is she trying to find one type of pants that will look acceptable on everyone?


Title: I gave my 30 days notice to vacate to my terrible landlord last month and have not heard anything back form him. Can I just leave?

Question:
I live in California in a terrible apartment under basically a slumlord. No manager involvement, maintenance requests are ignored, plumbing issues, mold, roaches, and the exterior literally smells like human shit. I've actually posted about it here before when he tried to bully us into signing another year lease. My roommate and I are finally moving out (yay us!).

The office is never open when it says it will be so we were not able to actually hand anyone our letter stating our intent to vacate in person, instead we enclosed it with the April rent saying we intend to leave by the end of this month (its a month to month lease, so this is also the end of the lease term, so not breaking anything early).

We have been stressed all month packing and life getting in the way and it just occurred to me that I have not heard anything from the landlord about it. Nothing confirming he got it or notice for a move out inspection. Nothing. So now I'm not sure what's going to happen on the 30th.

I don't care about having an inspection, because frankly we don't intend to clean the place. We'll get any trash and junk out but I'm not scrubbing anything. There's black mold everywhere, I'm not touching it. We do not expect to get out deposit back, even if we did clean the place, and have made peace with that.

What I would like to do is just leave the door unlocked and the keys on the floor. Is this legal? Should I drop the keys at the office? Its never open when I stop by but I could put then in the after hours slot.

I am also concerned that the slumlord will claim he didn't get our notice and claim that we just abandoned the apartment and I'm not sure what the consequences of that would be. Could he claim we didn't pay rent for May (cuz we won't, cuz we moved) and then "evict" us? I know that can hurt your credit later. Is that a realistic concern? What can we do to protect ourselves?

Answer:
 > I am also concerned that the slumlord will claim he didn't get our notice

Do you have proof that he got it? A return-receipt letter sent via USPS or a tracking number via FedEx or some such?

> instead we enclosed it with the April rent saying we intend to leave by the end of this month

Oh. Did you take any pictures of the notice?

> Should I drop the keys at the office?

Yes and take lots of photos, document everything.Answer #2: Get your stuff out, lock the doors, and put the keys in an envelope and in the drop box.  Include a letter that you are returning the keys in keeping with the notice you provided to vacate on April 30.

Note that if the LL didn’t provide you the opportunity for a walk through 2 weeks before the end date, there is stuff in the California law about not charging you to repair.

They still have to send you an accounting of how your deposit was spent within a certain time period.  I don’t know the time in CA, but 21 days comes to mind.  If they don’t, you can go to court and ask for triple the deposit as damages.  So, you might want to include your forwarding address if you want to go that route.


Title: David v Goliath

Question:
So I’m a small business owner who got a lease in a upscale mall for a food retail business. My lease date was supposed to have started on 2/1/18 but didn’t start until 5/16/18 because they did not have the electric and plumbing work finished in time. They finished end of April.

I’ve asked them to give me 1.5 months rent approx 9k for extra expenses that we incurred because they were not prepared. First they said they would give 2 weeks then they took that off the table and are threatening to terminate the lease unless I pay from the day I started. I have 2 questions, 1 who’s in the legal right, would it be considered breach of contract if they were unprepared for us to be there on the rent commencement date on the lease?

P.S.
I knew 1.5 months was a bit of a stretch but was hoping to settle on 1 month.
Topic:
Business Law

Answer: This is a commercial breach of lease issue, which is complex, even without not knowing your location. Since this is 9k, call a local attorney.


Title: Let a friend use my credit card to rent a car for "2 days". It's now been over a month, the car has been damaged, and I can't get him to return it.

Question: [deleted]

Answer: That is theft.  You should call the police immediately.


Title: If a married couple, file for divorce, and they find out that they were never legally married, how would that affect things such as child custody, child support, spousal support/alimony, and splitting of any assets?

Question:
I've been interested in this issue since learning about an old 1952 movie called We're Not Married!  It's about five couples who find out that they were never legally married because the justice of the peace who performed their ceremonies did so before his appointment went into effect.

I'm curious as to how this might play out in real life.  Some questions I have include:

Would the spouses have no right to any assets that are not their own or shared?  I heard of a case in New York where a couple filed for divorce; the husband had significant financial holding from an investment, and he claimed that since they were never legally married, the wife was not entitled to a single penny of that.

Would one spouse have automatic custody rights?  (I ask this because in some places, like California, if a couple has kids while unmarried, the woman is the one who is considered to have sole custody of the children.) EDIT: I ask this because my understanding was that in some jurisdictions, if a child is born out of wedlock, the mother automatically has sole custody, even if paternity is established, unless and until the father can get custody in court.

Can it be argued that spousal support alimony is not owed because they were never legally married?

Would any jurisdiction allow a divorce to happen because they believed in good faith they were married?

Answer:
 >I ask this because in some places, like California, if a couple has kids while unmarried, the woman is the one who is considered to have sole custody of the children.

This is entirely inaccurate.Answer #2: In California it's called [Putative Marriage](https://definitions.uslegal.com/p/putative-marriage/) which protects people who believe that they were legally married whether they actually were.


Title: I just got a call from a police officer saying they arrested someone using a fake ID with my drivers license number, what do i need to do? (Oregon)

Question:
Hello everyone. I just got a call from the police saying that they just arrested someone and they had a fake ID with my drivers license number. I am kind of freaked out. Am i able to change my drivers license number? Is this identification fraud? They said the DA may call me in the next day or so.

Thank you

Answer:
 Get a police report, go to the DMV page below and report ID theft via form, get new driver's license and new number.

https://www.oregon.gov/ODOT/DMV/pages/driverid/idtheft.aspx

You should probably lock down your credit if you haven't done that yet.


Title: Can a wife sue their husband?

Question: My dad is planning on selling our house and moving out of state. There's a high chance that he will be keeping all the money even though my mom's name is also on the house. He's paid to fix up the house, but since he gets a disability check he doesn't make any monthly payments. My mom makes the payment, plus she's the one who has taken the loan out for it. If she sues him, is there a high chance she'll win and get the money? Or at least some. We're really short on money and it'd be nice to have some idea before paying for a lawyer if it comes down to that.

Answer:
 Sure. It's called "divorce". In it, the equity of the house would probably be split between your parents.Answer #2: He can't sell the house without all owners signing or a court ordered partition sale.Answer #3: Yes, she can sue him for divorce.Answer #4: > There's a high chance that he will be keeping all the money even though my mom's name is also on the house.

How is he going to do that? The best solution here is to not LET him keep the money. For instance, refuse to sign closing papers for the sale unless he agrees that half of the proceeds are to be wired to his account but the other half are to be wired to an account she has opened in her own name only. Show up at closing and make sure it happens that way.Answer #5: Your mom needs a divorce attorney.


Title: Is it typical for divorce attorneys to charge the same rate for their paralegals?

Question: I recently hired a divorce attorney and just got my first bill. It looks like the rate for the paralegal's services is the same as the attorney's rate. Is this pretty typical? (located in PA)

Answer: That's called a "blended" rate. It's common in some practice areas - bankruptcy is the obvious example in my neck of the woods (the bkcy court approves of it). A single rate is charged for all timekeepers, regardless of experience or task. In other words, the attorney's usual rate is reduced and the paralegal's usual rate is increased. The idea is that it eases administration without upcharging the client because it's a balance of multiple rates.Answer #2: Not typical but should have been covered in your retainer agreement.


Title: Baseboard heating won't shut off, no one coming to look at it until Monday. OHIO

Question:
We have electric baseboard heating in our apartment and on Friday we noticed that the heat was not shutting off at all, even if the thermostat was turned off. I notified the property manager immediately because too much heat is just as much of an emergency as not enough heat. She told us to shut the baseboard heaters off manually instead of using the thermostat which is not possible in this specific room. When I told her this, she said someone would be out on Monday. Which means the heat will have been running non-stop in the living room for at the very least 3 days. This is going to absolutely jack up our electric bill and I was wondering if there was anything we could do to put some of this burden on the property manager/landlord because they are not willing to have an emergency HVAC call made.
Topic:
Landlord Tenant Housing

Answer:
 Shut the breaker off.

Ask the landlord for a one time credit for the inconvenience. Answer #2: It's not an emergency. It can wait until Monday. You can try shutting off the power to the heater or opening a window until someone can come out.


Title: I received a check for a job I thought I was doing, moneygrammed some money, and the check returned causing my bank to go into the negative. Help.

Question: I received a check and deposited it, now today it says that the check for someone I'm working for and it was returned and the money was taken out of my account so now I'm in the negative. I believe I was scammed. He isn't replying to my emails, calls, or texts, and the company he "works" for seems to apparently not exist now. The bank said I can get the check from the bank today but I don't know what I'd do with it. What do I do? I don't have the money to pay it back because I used it for the person who sent it to me. I'm in Virginia, USA

Answer:
 This is a very common scam (posted on PF at least once a day, I swear).

You can complain to the bank about it but if the money is gone, it's gone, and you're out of luck. I'm sorry.

Note to everyone: checks take time to officially process. Even if it shows your bank account has suddenly gone up by the amount, the check can still fail process and that money will disappear. Checks are not immediate.


Title: I was involved in a fender bender August 27th and the other party left...

Question:
I was hit from behind by another car, she got out and gave me her insurance information and left the scene. I called the police but they never showed up. I was out of town and had to get back home, I called her insurance to file a claim but they are saying since she won't answer the phone (which I think is on purpose) they can't move forward with anything. What rights do I have? I really don't want my insurance to pay for this since it comes out of my deduction. I'm in Ohio, the accident happened in Dayton but I live in COlumbus.
Topic:
Traffic and Parking

Answer: File through your insurance, they will rectify this with the other party. If you do not have collision insurance and only liability then  you would need to sue the other driver.


Title: (NC) Ordered wheels but they were discontinued and tire shop is refusing to give me a refund

Question:
As the title says, I ordered some wheels from a tire shop right before Christmas and signed to have them order and they told me they would call me once they have been ordered to tell me when they will be arriving, a week and a half passed by and I never got a call back so I gave them a call and they said that they had forgotten but we’re going to order them now, then it turns out the wheels have been discontinued, but they already charged the amount to the in store credit card. I asked for a refund but they told me that they could not issue me a refund because it was a special order and they would have to charge me a restock fee even though the tires were never ordered and they are discontinued which does not make sense to me. They tried to offer me different wheels but I already ordered different ones from a different shop that I liked better. Can they really not issue me a refund? Do I have to file a dispute? What are my options?
Topic:
Business Law

Answer:
 Dispute this with the credit card company. If that fails, you can sue in small claims court. It's a very straightforward case.

That said, you might be able to get this squared away by calmly, but firmly, escalating with the company. This is one of those cases where it's simply crazysauce not to refund you and any reasonable person should see that. Unfortunately, it often takes a few tiers before you reach someone reasonable.


Title: Employer is knowingly aggravating my asthma

Question:
Location - California

Posting for a friend

My friend is asthmatic and at their work they have these scented air machines all over the place that make it almost impossible for them to breathe. When the employer was asked about this, they merely responded with “deal with it.”  Despite one or two medications, my friend most certainly cannot just ‘deal with it.’

My friend is already in the process of getting a note from their doctor outlining their condition and requested accommodations, but they’re worried the employer still won’t do anything. What would be the next step if that were the case?

Answer: The next step at that point would likely be speaking to California's Department of Labor, for now I advise he screenshot any emails or texts pertaining to this and putting copies in a google doc on a personal email (NOT A WORK ONE) and printing out copies for himself at home. He should continue to explain the condition after the doctor's note should the employer refuse, and document with time and date stamps that he informed them, if possible he may want to record conversations (Though he'd have to ask directly if he consents to a recording) though that likely isn't necessary now.