Title: Unemployment Phone Telephone Hearing

Question:
I was given notice that my appeal had progressed to a telephone hearing.  I was wondering if I should seek representation for this or not.  Back pay for the past 10 weeks or so if my unemployment were approved would be roughly $4000.  I was discharged for refusing to make a phone call to a client and move an appointment.  I had made this phone call once a month ago for someone else's mistake and I personally was tired of covering up for him.  I had been with the company for 5 years.  I was fired for "insubordination"  When I was fired I asked for a handbook to clarify the rule and was refused one.  I may have received one 5 years ago but I don't recall.

My main questions are.
-Should I seek legal representation for this?
-What questions should I ask or information should I request prior to going into this meeting.
-Is there anything I can use to prove that others had refused to do tasks and not been punished? (that wouldn't be hearsay)

I will monitor the post through out the day today if more information would help please let me know.

Thanks

Edit: I am in Ohio, would it help my case at all that the request and the inconstancy of making the phone call was via text message on a day of rest/ day off - a sunday after being messaged about work for 3 hours?
-Also the employee that made the mistake originally was her daughter any mistake she had made previously I had to cover for, but any other employee would have been expected to over deliver and make it right by the client, but instead with any instance regarding her daughter I was made to fix the problems?

Answer:
 I don't think you will be approved. Generally speaking, straight up insubordination is grounds for misconduct unless you're being asked to do something unsafe, immoral, or illegal. If your employer wants you to make the same phone call every hour every day then that's what you do because that's your job.  If you don't like it, either negotiate to change your job duties or find a new job. But you're not going to get unemployment for flat out refusing to make a phone call.

If this had been a matter of "hey will you call this guy?" and you said "yes" and didn't because you got busy, that's a mistake and you would get unemployment. But it sounds like you were told to call and you just refused.


Title: Parents want me to pay rent even though they've said I'd don't need to. CA

Question: So my parents have said as long as I'm in school studying. I won't need to pay rent. But now my dad has come up very angry and keeps bothering me when I'll pay rent? I'm starting a new job soon. I'm over 18 but, if he were to try to evict me, would I have any options? Like since he started to demand rent from me, do I have a few days to leave or would I now qualify for renters protections?

Answer: You would have 30 days to move if he evicts you.Answer #2: To be honest probably cheaper paying your parents compared to what you’d pay the outside world!


Title: My Elderly neighbor fell and broke her hip on our front porch, are we liable?

Question: Neighbor came over to drop off some veggies from her garden, this was an unannounced visit, my wife was napping and I was not home. She was walking up to the front porch, misjudged the step and fell breaking  her hip. She is currently at the hospital awaiting surgery. Are we screwed ? Do we need to seek council? Any help would be great. We are in MI.

Answer:
 Working as a claims adjuster, I deal with this all the time. If the step was open and obvious, well maintained, then there's no problem.

But even if the step wasn't, like there was a chunk missing or something, then she would need proof that she stepped on the bad part of the step. If the whole step was bad, that probably means you had prior knowledge of that, so that would mean you might have some liability there.

The other thing is, she came over out of her own will. No one made her come over and use that step. So it was her own decision to do that and to use that step, there's no way you have have prevented the fall from happening.

Honestly, if she did make a claim, it would probably be denied unless she can prove that the step was unsafe and you guys had prior knowledge of it.


Title: IS IT LEGAL TO BRING UP A POLICES HISTORY IN COURT?

Question:
When you go to trail against a police officer, can you bring up their personal/criminal/work history as they do to civilians?

If so, is there a policy and what is it called?

CA

Answer:
 I am not a lawyer.

The basic rule for admissibility of evidence is that it has to be both relevant, and that its probative value must outweigh its prejudicial effect. So if it's relevant, yes, generally, but there are all kinds of exceptions and special rules. It can't be properly answered in the abstract.

If this is something you're planning to do, if you're planning to represent yourself *pro se*, don't.That's a bad idea. Please don't do that. Get a lawyer. If you don't know the foundational rule of legal evidence, you cannot effectively represent yourself at trial.


Title: Is this something that can be brought to court?

Question:
I have a pretty severe mental illness. On Wednesday I went through an awful episode where I overdosed and was rushed to the E.R. Immediately afterward, once I could stand up (I needed help for it mind you. I don't even remember any of this happening, I had to be told about it.) they had me stumble out of the E.R. (no wheelchair or anything) and put me in a police car to ship me to the mental institution.

Upon arrival, they had me sign several papers. (Once again, I was still 100% doped out at this point and was entirely incoherent while they had me scribble my name.) One of the forms they had me sign was a DNR form. I was just released from a hospital no more than 30 minutes prior (the two locations were near each other) for overdosing and they made me unknowingly sign a form saying it was totally fine to just let me die if any complications occurred.

My episodes (the bad ones anyway) are extremely isolated events that don't occur very often at all. I was finally coherent 2 days later and realized where I was, horrified of course. When I spoke with the doctor, she looked puzzled as to why I was even there because I am very high functioning and it's apparent. I was released that evening after being told it'd likely be a 2wk-1mo stay, but it took HOURS to get any feedback as far as getting out went. I was told I was cleared to leave and didn't get released until more than 5 hours later.

While there, I endured emotional abuse from other patients and the staff treated me as if I were an incompetent child. I repeatedly told them about my mental disorder and that I needed my medications, because I get extremely out of whack without them but they refused to give me them even with my pdoc's consent.

Before we left, I got to look at everything they had me sign while I was incoherent. Our social worker then informed me I was supposed to be held at the normal hospital for 72 hours so I could, for lack of better terms, sober up and be evaluated there rather than immediately being sent to the mental ward.

The ward was disorganized and dirty and the staff was very unfriendly and not understanding at all. My clothes were lost after having only been there for 2 full days, but that was really the least of my concerns. My main issues are the unconscious signatures and fact that I shouldn't have even been to the ward in the first place.

The entire process was horrible and most of it was unnecessary. Is this something we can take to court and make a claim out of? I live in TX.

Answer:
 You can try to file a suit, if you'd like.  There are a couple issues here:

First, I don't see any damages.  You were going to be held either way, whether in the hospital or the mental health institution.  The location is irrelevant.  I also don't find anything that requires a 72-hour hospital stay before a transfer to a mental health institution.  The fact that the institution was less than perfect does not translate to damages.

Second, you can't simultaneously argue that you were completely out of it *and* that they were wrong to treat you.  One of two things is true.  Either you were coherent, in which case you checked yourself in voluntarily.  Or, you were incoherent, in which case the officer can, under his own authority, transport you to an insitution for a stay of 48 hours if he can assert that you are mentally ill and a danger to yourself.  Both of those are undeniably true here.

In short, I don't think you have the grounds for a suit against anyone.  You can, and should if you feel strongly, talk to a medical malpractice attorney about the matter.


Title: Is it illegal for public schools to ask for money to give your confiscated phone back to you?

Question:
Asking this on behalf of u/Toxic__Phoenix, who asked this at r/NoStupidQuestions, but didn't bother to crosspost it here.

>I go to public school in the U.S. and it's pretty common for schools to charge money to get a phone they confiscated back from them. I'm sure the amount varies, but according to some kids at my school, it's illegal to charge that, even if it's legal to take them. I was arguing it's perfectly within they're rights to do it since we sign the Student Code of Conduct which has rules around cell phone use. Am I wrong or right?

>Edit: I’m in Texas if that makes a difference.

Answer:
 The public school is part of the government and can only impose those fees if there is a law passed allowing them to do so.

The school may refuse to hand the phone back to the student, but when a legal guardian comes calling, they have to return the property immediately. If they fail to do so, call the police and ask them to come with you to retrieve your property.

The student code of conduct is NOT a legal contract, so those fees cannot be defended based on contract law.

>https://abcnews.go.com/Business/story?id=8074283&page=1

Calling this fine an "administrative fee" is a joke.

Apparently, this is based on:

>a state law -- first passed in 1995 regarding pagers -- that allows a fine of up to $15.

Honestly, since that law is likely unconstitutional, I will not go look for it.


Title: [UPDATE] Coworker suing me for getting her dog out of her car

Question:
[Previous post here.](https://www.reddit.com/r/legaladvice/comments/3bws49/coworker_suing_me_for_getting_her_dog_out_of_her/)

For locationbot, I'm in Florida.

Thanks everyone for all of the replies, I read everything and it was helpful.

As soon as I walked in to work yesterday morning, I went to HR to tell them about what happened. I guess Cindy got there first though, because when I started to speak about it, the woman I was talking to stopped me and told me Cindy already informed them about the situation. I still wanted to tell her my side, though, because I wasn't sure how biased Cindy would be.

Anyway, after I left HR, Cindy emailed me a copy of an estimate to replace her window. I'm still not sure if I should reply to that or not, it's been two days now, but I don't want to say the wrong thing.

I talked to a different coworker and he said that Cindy still has lawsuit plans, but didn't tell him anything specifically. And since so many people asked me, the dog is a two-year old boston terrier. He is alive, but I'm fairly sure he's still staying at a veterinarian because he suffered brain damage. Again, I'm still not sure about specifics. Cindy is undergoing a police investigation, and I don't think they'll give her dog back to her, so I am worried about him.

This update probably wasn't very interesting, but I'll update again if something interesting happens/if you guys want another update. So I guess my question is: Should I reply to her email? Do I get a lawyer yet? I wouldn't need one at all for small claims court anyway, right?

Answer:
 Not legal advice, but if the dog has brain damage, and is in police custody, and they won't release it to her, there's a pretty good chance he'll be put down. To make a long story short, that dog was yet another victim of a neglectful owner leaving her dog in a hot car. Just another statistic. It's sad, and I hope this woman never gets her window replaced. Answer #2: Thanks for saving the dog, OP!  Sorry your coworker is bonkers.

I don't have legal advice, just a dark observation.

Since Cindy clearly doesn't give a shit about her own dog, I wonder if she knows how much money you saved her in costs to her vehicle.

$ Cost to repair broken window < $ Cost to replace a totaled car after an animal dies in it.

No amount of upholstery replacement can remove the smell of death.

Source: Former auto property insurance adjuster.


Title: Judge threatens additional jail time unless pending appeal is withdrawn?

Question:
[MI] I was sentenced to 6mo probation by district court. While serving this, I was found guilty of violating probation from testing positive for marijuana. Sentencing was stayed because I appealed, claiming the state's medical marijuana laws implicitly protect probationers from punishment for use otherwise legal under state law. Many months later, the terms of probation having been indefinitely extended pending the appeal, I failed an EtG alcohol urine test. When violated for alcohol, I asked that the judge wait for sentencing to see if my earlier appeal was meritorious ("I shouldn't even be on probation!") she said no.

My issue is, the judge told my attorney (in chambers) if I rescinded my appeal challenging how medical marijuana is interpreted against probationers she would give me 10 days in jail, but if I didn't rescind the appeal it'd be 20 days in jail. When I said I don't want to rescind my appeal (not believing she'd really do it) she banged the gavel and said "20 days!" then I quickly turned to my lawyer, reconsidered, signed the paperwork to cancel my appeal, and she gave me 10 days.

 Is this judicial misconduct?

Answer:
 You thought you were smarter than the judge. You weren’t. Your appeal was garbage. People on probation can be prohibited from doing otherwise legal things (consider your own example and drinking alcohol). You got what you deserved. Answer #2: Was alcohol prohibited by probation also?Answer #3: >Is this judicial misconduct?

What did your lawyer say?


Title: Civil. Judge seems unfair. Mandamus denied. Next step?

Question:
I'm involved in a case as a plaintiff. Without going into details, it seems that the court is going out of its way to be partial in discovery. I can expand if necessary. I've seen cases in which justices have been removed from a case due to simply suspected impartiality, but I have evidence of such and am simply asking for a correction at a minimum.

The mandamus was very detailed and thorough, yet the denial did not deal with any of the issues presented and instead said that discovery issues) should be dealt in final appeal. It seems this circuit has a case history until recently of obviously stating that rights are lost if this is not addressed at this point. That one case also had a mandamus denial and said that though rights may be lost, discovery issues should be addressed in final appeal. This seems quite prejudicial. From what I understand, en banc followed by a Supreme court mandamus are the only next routes? Given that certs are being seen at ~1% rate and en banc may be deferential/political, is there any hope?

USA

Answer:
 It's a bit unclear what you're asking. You don't have to try to speak like a lawyer here, that just confuses the issue in this subreddit. So just explain what's going on in plain English. We also need your state.

In general, I understand that you're unhappy with a judge's decision. Barring a motion for reconsideration, your recourse is to appeal. That's probably about it.


Title: Should I break my lease to save money?

Question:
I really wasn’t sure which sub I should put this in, so I’m sorry if this is in the wrong one. I feel
Like this could fit in to the personal finance, legal, or real estate.

Anyway, I’m a 19 year old college student in Missouri  who is currently living in his first apartment. I have very quickly learned how fast money goes. I proposed the idea to my roommate of possibly breaking our lease and moving home over the summer. For no negative reasons at all, to be honest our management has been great. But by moving home me and my roommate would save about $2000 in rent, plus utilities and internet. I would also be much happier at home getting see all of my friends for the summer, and also have a job lined up.

Our original thought was to email management and see what our options were. However, I didn’t want to put that thought in their heads if it were going to lead to negative consequences. Have you ever heard of landlords allowing tenants to change their move out date? If we break our lease anyway and they sue in court, will we be fucked? Being  that I’m 19, do you redditors see anything in my situation that I am not thinking about? Thanks you all for your help and advice.
Topic:
Landlord Tenant Housing

Answer:
 > But by moving home me and my roommate would save about $2000 in rent, plus utilities and internet.

You still owe the $2000 and they can sue you for it.

> Have you ever heard of landlords allowing tenants to change their move out date?

Yes, but it's rare.

> If we break our lease anyway and they sue in court, will we be fucked?

You will lose, if that's what you mean.


Title: Backyard mechanic lost my engine?

Question:
So this tale begins about 2.5 years ago. I approached a widely and highly recommended local engine builder (EB) about having a new performance motor built for my car. After a couple discussions we settled on a plan.

I pay $3800 upfront for the new motor and then over the next several months I pay EB a few hundred at a time, and every transaction was logged and signed on the same piece of paper as a handwritten receipt. The description of goods is simply titled "engine work."

Knowing that I'm paying in installments I'm not expecting anything to happen overnight, as there are several steps in the process like sending the block off to a machine shop to get prepped for the new internal parts. I check in periodically, usually getting a minimal update or "waiting on ___ to contact me back about X part." No big cause for concern for the first several months, after all I'm still making payments.

About 6 months after the first lump sum the engine builder tells me my block is being sent to XXX engine shop for prep work.

Well, ~12 months after the first payment EB says my block was at YYY engine shop that closed down a couple months ago, and the foreman there was resentful about something the company did and took all the remaining motors in the shop to sell off for himself.

Now, EB apologized profusely about the whole thing and stated that he was pursuing the foreman legally to make everything right and pursue all his clients' stuff. He says it won't be a quick process, but he is very insistent that he will make things right. I naively take him at his word.

Well, another six months or so pass and still nothing. No parts, no refund, no means to rectify the situation. When I ask him to explain everything, EB tells me that the foreman has disappeared and he will just have to fix things himself.

I do realize that I should have definitely acted sooner, I feel like I've been gaslighted about the whole thing. Everyone I've spoken to seems shocked that I've had any problems at all with EB.

So this is where I'm at today:
I've got a handwritten and signed "receipt" with payments totaling $6300 (all payments have been in cash at his request), and 25 months of waiting for a motor that I saw when I bought it, but has since disappeared.

r/legaladvice, what do?

Answer: Sue EB in small claims. This all falls on EB.


Title: [OH] public indecency for alleged sex in public in parked car, worth getting an attorney?

Question:
It was in the empty parking lot of a park at 1 AM, cops saw us naked because we didn't have time to put clothes on, only admissions made were "Sorry" as a response to "what were you doing" and maybe a vague "mhm" responding to "not drinking, just doing something in public you weren't supposed to be?"

However, I've heard that if you were definitely not trying to be in the public view you can argue that you weren't in public or 'knowingly' exposing yourself.

We were both over 18.

The ticket says 2nd degree misdemeanor, but idk. Also lists ORC 666.04 but that sounds like something else so this cop probably just has no idea what he's talking about.

Should we hire a lawyer?
Topic:
Criminal Law

Answer: I couldn't find a 666.04 in Ohio Code at the Ohio web site. You should get a lawyer and make sure that this doesn't lead to sex offender registration.


Title: Fire at school, issues with reimbursement of personal property

Question: I'm an elementary school teacher in California. Over our winter break, there was a fire on campus that destroyed two classrooms. One of my colleagues lost every single item in her room, about 90% of which she bought with her own money. The school is telling her that if they use insurance money to replace her items, they are no longer hers, but they belong to the school. Is this legal? Does she have rights for compensation?

Answer:
 The only thing I can think of is that the school is saying, rather clumsily, that their insurance does not cover teachers' personal items.  However, they are thinking they will get enough proceeds from the insurance to replace her personal items with similar school-owned items.

In other words, your friend had a computer of her own she was using because the school didn't buy her one.  The school won't replace that one, but will use insurance money to buy a school-owned replacement.


Title: Is there anything legally stopping a state governor from publicly guaranteeing a total pardon to whoever murders a certain person?

Question:
Suppose a state's governor decided he hated some particular person. That governor announces that if someone murders this person while he's in office, that he will sign an unconditional pardon for the murder and any other crime committed during the act that is within his power to pardon.

While he would likely find that he is suddenly a very unpopular governor, if the murder happens and he manages to sign the pardon before he can be impeached, can either he or the actual killer be held legally accountable?

Answer:
 NAL. That sounds an awful lot like conspiracy to commit murder. The governor could be prosecuted for that crime. The governor may also be able to pardon themself (depending upon the state), and it's apparently happened a number of times in the past:
[https://www.newsweek.com/trump-granting-himself-pardon-governors-641150](https://www.newsweek.com/trump-granting-himself-pardon-governors-641150)Answer #2: It simply depends on the state law. How is the pardon power worded? How is the state’s murder for hire, inducement to commit violence, etc. statute worded? It would no doubt be a groundbreaking case, but a state could argue that the governor’s offer to exercise his lawful power in exchange for a murder fell into some murder for hire or adjacent statute. As always, it just depends on the wording of the relevant statutesAnswer #3: Mot a lawyer, but I don't believe a governar can pardon a federal crime, just a state crime.Answer #4: He could presumably be charged federally with a violation of Title 18 Section 242, which makes it a crime for someone acting under color of law to willfully deprive a US citizen of their civil rights.

If he broadcast the message over state lines (say, if he made the offer on national television) the FBI might be able to charge him with a federal conspiracy charge, or charge him with conspiracy in another state in federal court on the theory that the crime involved conspirators in multiple jurisdictions.

That said, anyone who tells you they ‘know’ what would happen is probably wrong.  This would be a unique and complicated scenario that would have to be resolved by the courts in some manner.


Title: Refusal to Testify - Sexual Assault - Vancouver BC

Question: I was sexually assaulted and subpoenaed to go to court to testify. I do not want to testify. Am I able to refuse to do so without looking at jail time?

Answer:
 IANAL.

Subpoena is literally Latin for "under penalty". It is an **order** from a court and defying it is criminal contempt of court.

When a complainant refuses to testify, the Crown will often just stay the proceedings. Of course, in this case, the Crown has already gone to the trouble of obtaining a subpoena.

What would happen to you depends entirely on how determined the Crown attorney in this case is to pursue the prosecution. Nobody here can know how they will react. It is certainly, however, not "safe" for you to refuse to testify.


Title: [Texas] Sick mother-in-law was arrested for a DWI, may face possible insurance fraud.

Question:
I don't have the police report yet, so this is all word of mouth for the time being. From my understanding, my mother-in-law was driving in a construction zone and was rear ended (The severity of the wreck was very minor after seeing my mother-in-law’s car with just minor scratches on the rear bumper). The police were called and the person who hit mother-in-law called an ambulance and was carted away. The police officer that responded suspected that my mother-in-law was under the influence and administered a balance test which she failed. My mother-in-law asked for a breathalyzer and explained to the officer that she wasn't feeling well due to her gall-bladder being recently removed and that she ate something that she was not supposed to. She was denied the breathalyzer and was arrested for a DWI. I spent the whole day with her before she was arrested and know for a fact that she did not take anything that would influence her driving.
What should I expect now? I feel like she was wrongfully arrested after she explained her circumstances and she is also elderly so her balance is bad from the get go. Do we need to worry about a possible insurance fraud?

Answer: She needs to hire a criminal defense lawyer that specializes in DUI cases. There is no magic words that will make this go away.


Title: [IL] Mother died after doctor did nothing when they came in with high blood sugar.

Question: [deleted]

Answer:
 Medmal is very fact specific. You should be able to get a free consult from an attorney specializing in this area.

I'm really sorry about your mother. Of course you miss her. There is a pretty long time frame when it comes to filing suit, so I would suggest you take some time to grieve before you rush headlong into a law suit.


Title: Earrings

Question: Hello. I am 17, and am the main witness at a trial tmrw. Will it look bad if I wear earrings? I am a male.

Answer: This isn’t really a legal question but I would recommend no earrings. It is dumb but there are many people who judge men for wearing them (even subtle ones) and you are a witness and need to appear trustworthy to even those close minded ones. It’s dumb but there’s probably at least one if not a couple people on the jury who will trust you less for wearing them. Go for a more conservative look for sure.


Title: WA State- Schools questionable punishment has left a friend with PTSD

Question:
This is not me I am here on behalf of a friend, And for 2 reasons. 1) to see if there is a case in which my friend could possibly sue for child abuse at the hands of an elementary school for medical costs 2) to be pointed in the right direction of how to do so.

My friend in the grades 1-2 was punished by being locked in a school storage closet with no windows, and any way of getting out. School handlers would forcibly remove her from class and place her in this small confined space.

Now my friend the other day while hanging out with family was laughing, and out of nowhere she tried to remember the last time her lungs hurt this much and she remembered these suppressed memories of these punishments. She said she’d even remember at a young age getting anxiety attacks in class before being removed from having to go in the closet. Her sister was also there on an occasion and witnessed them doing this to her.

My friend now has very bad anxiety and depression as well as untreated PTSD and believes them to have stemmed from these incidents.

My friend is a very good student, she’s smart and did running start, and is in one of the best colleges in the nation. This episode has her in a very bad place regarding her mental health and I’m scared of the kind of impact this can have on her grades and schooling.

Does my friend have a case? And what kind of lawyer would be most helpful?

Answer:
 > My friend in the grades 1-2 was punished by being locked in a school storage closet with no windows, and any way of getting out.

If this is ongoing, your friend (and their parents) should talk to child protective services and escalate with the school board. Locking children into a closet is a fire hazard and a safety issue, and is _well_ beyond a reasonable punishment.

I'd speculate that the odds of your friend recovering any damages as a result are low, but she and her family could talk to a personal injury attorney about it.


Title: UPDATE to Posted a while back situation has escalated (restraining orders from ex and his wife)

Question:
(In NM, cuz the location bot yelled at me).

On Tuesday we had our third and final hearing in regards to the restraining orders.  The commissioner came in with a visibly different attitude.  At the second hearing, she stated that she was going to read all the email communication between me and my ex over the last six months (he'd submitted it as evidence of "harassment") and then she'd have a decision ready at the beginning of the third hearing.

Well she read the emails and came in and told my ex off.  She said there was far more disrespect in the emails from him towards me than the other way.  That I was clearly attempting to coparent and he would either respond rudely or not respond at all, making coparenting near impossible.  She told him he was clearly using the statute to get at me rather than for protection, and that he certainly did not meet the burden of proof to show that domestic violence had occurred.  She dismissed his petition on the spot and then gave his wife an hour to make her case.  She, too, failed.  Her order was dismissed.  She was also told off by the commissioner and told to stop sending me communication, especially "inflammatory and derogatory notes" that she is "requiring the children to carry to their own mother."  She unfortunately did not grant my counter petition either, but she told me to come back if the behavior did not stop or escalated.

She dismissed theirs with prejudice so they can never bring up the same "evidence" again.

And the real kicker for me, is that she recognized and upheld my transgender daughter's name and preferred pronouns in the courtroom, on the record.  My ex LOST HIS MIND over it every time it happened, and she finally told him to be quiet.  She called all four coparents in at the end and told us all to stop messing up our kids and figure out how to lower the level of conflict... and she used my daughter's preferred name the whole time.  THAT made me almost happier than the orders being dismissed (almost).

Just wanted to provide an update in case anyone was still interested!  :)

Last post:
http://www.reddit.com/r/legaladvice/comments/2ushkt/posted_here_a_while_back_situation_has_escalated/
Topic:
Other Civil Matters

Answer: Excellent update, but I really wanted to say thank you so much for being a proud and supportive parent of your daughter and her transition. Trans kids have enough issues without having to deal with rejection and bigotry from their parents. Kudos to you. Answer #2: Thanks for the update. Glad it got droppedAnswer #3: As a transgirl myself, on behalf of your daughter, that is something that means more to us than you could possibly understand. Answer #4: That's great, wonderful update.


Title: Stepdad want to evict me.

Question: My Stepdad is wanting to evict me from the house where I'm living with him and my mom. Can he evict me if I have nowhere to live elsewhere?

Answer:
 How old are you?Answer #2: > Can he evict me if I have nowhere to live elsewhere?

Yes.


Title: Being let go, job is threatening to send letter to potential employers (NJ)

Question:
So this isn't me, it is about my mom. I've been lurking long enough to know about at will employment, I'm just grasping at straws to see if there is anything she can do.

So my mom was hired a year ago at a public high
school as a spanish teacher. One of her students was failing because he would put in 0 effort every day. Multiple times he has said to the entire class spanish is pointless because "they don't speak mexican in his house." My mom set up a meeting with the child study team (he has an IEP) and his parent to discuss what to do. She felt the meeting went well and they came up with some solutions to help him in class.

The child then started taking all tests in the child study room. One of the assignments he turned in via email actually said "translated by google" on top. My mom emailed him and told him translating is not acceptable and he will have to redo the assignment. This is where it gets crazy. The head of child study emails her ripping her a new one, saying google translate is a "valuable tool" and threatening to go to the super intendent. She also told my mom to pass the student "or she would seriously regret it." She also said that the child accused my mom of telling the entire class he had an IEP. Now it is important to note that no where in this child's IEP does it say he can use google translate to do assignments.

They interview the class, where every student has the same response that she did not mention the IEP in class, but she is still written up for it.

So at this point they officially tell her she is being let go and will not be working with them in the fall. She tells her students she is being let go and they will not have her next year. She has become a pretty popular teacher so the students organize a petition and plan to go to the board meeting to tell them why they should rehire my mom. When the office gets wind of this, they call my mom in and tell her that if her students try to talk to the board they will put a letter in her file outlining her various write ups and will send it to anyone who calls for a reference about her.

So, my question is are they allowed to do that? My mom is distraught about losing her job and the unethical way this school operates.

Answer:
 WTF how is this kid not being investigated for cheating. Using Google translate on a Spanish exam is clearly cheating

Also as someone who was in special ed I am pissed about what just happened here. Just because a student is in special ed doesn't mean they get to get away with cheating and misbehaving.Answer #2: FWIW, in my experience the vast vast majority of these "I'm going to ruin your career!!" threats are completely hollow and never acted on. Once an employee walks out the door, they are forgotten about, everyone still has their job to do, and they either forget all about it or don't feel like wasting the energy on something that won't gain them anything.Answer #3: Is she a member of a union? If so then she'll have to exhaust all union  rules on grievances first.

They can fire your mom for any reason that isn't discriminatory, that is meaning in conjunction with a protected class, like race, religion, sex and so on.

She was fired it seems for insubordination and not wanting to break the rules. You can be fired for not wanting to break a rule, as opposed to a law, for which there is some protection (such as refusal to serve alcohol to a minor)

That said, while she may have no or limited legal recourse, it could turn into a pubic relations nightmare, and there may be administrative options open to her. An administrative guideline is an appeal via an internal policy rather than a law. Answer #4: The school can communicate any truthful information about your mother that they want.  Your mother **was** written up - that's not inaccurate at all.  Your mother will need to do damage control with her future employers.


Title: Boss has lied about overtime pay

Question: I found out yesterday that my boss has been refusing to add overtime to my paychecks for months. He said that he can't go back into the system and add on back pay for what they neglected to pay me and instead has offered me a pay raise of 15 cents an hour. He tried to spin it as though he were doing me a favor since a raise means more money per paycheck. I'm pretty sure time and a half is still more than regular pay though. It's disheartening to find out I've lost out on all that money I picked up extra shifts to get. Is there anything I can do here?

Answer: Well, do you have documentation on how much time you haven’t been paid for? You can go to the state / labor board over it. Believe me when I tell you the last thing an employer wants to deal with is a wage and hour audit.


Title: I wrote a computer program and I want to sell it different companies. What do I do to protect myself, and my code?

Question: I wrote all of the code for the program on my own. What do I do to protect myself and the code that I wrote? I am located in Indiana but the company I want to sell to is based in Florida.

Answer:
 Copyrights, patents and sell only licences for use.

It is advisable for you to speak with a lawyer.Answer #2: Welcome to the business part of software.

First of all, you'll need to decide or come up with a license. Presumably, you don't want one of the open source licenses, especially not with a copyleft provision.

You'll also need to decide how you're selling it, and make sure the license supports that method. Whether that's by monthly contract, per user, group sales, etc. What counts as a license, a single computer, a user, an entire organization? Will you be doing bulk discounts? These are all decisions you have to make or hire someone to do so.

If this is an app for Android or iOS, do you put it on their respective app stores? Not doing so is perfectly legal, but makes it harder to install due to the extra steps involved. The stores force you down a single licensing path if you go that route as they always do per user licensing and don't allow anything else.

Eventually, you'll probably want to have an IP attorney write up that license.

As for the business decisions, that's up to you. There are people that specialize in advising companies on such things, some of them might even have an IP attorney or are an IP attorney to do a better job writing such licenses. But ultimately, the business side is up to you and is not a legal question.

Another thing to consider is DRM. DRM is another way to protect your works, and is just as illegal to bypass as committing copyright infringement. But beware, DRM done wrong, or interfere with valid customer licenses, even accidentally, can be a major issue leading to lower sales.


Title: Injured on the job, employers changed timecard to withhold overtime pay (FL)

Question:
I am posting this on behalf of a friend of mine. I will be providing all the details that she has provided me over the course of our conversations about the matter.

Eight months ago, my friend was hired to work at a new bar/restaurant in our hometown. She was hired as a bartender, and was paid an hourly wage. While there, she routinely put in 40+ hour work weeks, saying after shifts to clean and do inventory (sometimes saying until 4 AM). However, the managers would always rollback her timecard to say she worked 39.9 hours, avoiding having to pay her overtime.

In addition to this, she was injured on the job. The restaurant didn't hire barbacks to help the bartenders with things like change out kegs. This meant that my friend (who is about 5'3" and 100 lbs) was forced to change out 1/4 kegs by herself. As a result, she injured her back, and has been seeing a chiropractor since she left this particular place of employment.

If it matters (and I imagine it might, if this is something she is able to move forward with), she was fired for "drinking on the job." Having a couple drinks is pretty common for bartenders, but this is the "reason," she was let go. The actual reason was because she complained about one of her co-workers not pulling their weight (said co-worker was the girlfriend of the GM who fired her). I imagine that the employer would be quick to say, "she was injured because she was drinking on the job and it impaired her ability to work effectively," if she tries to sue.

Our question is a simple one- does she have any legal recourse against her former employer? If so, does she have a case based on lost wages, injury sustained in the workplace, or both? She said that their computerized timecard system required a manager's password to make changes, and that these logins and modifications are saved by the program. I'm not sure if a civil case would allow access to something like that, but she believes that the modifications will bear out her story. Their security footage is also digitally archived (i.e. footage that would prove she was working well after close taking inventory, etc.). Any help would be greatly appreciated!

Answer: She can talk to a workers compensation attorney for the injury (though if she didn't file something documenting her injury at the time it will make it harder on her) and your state department of labor about the lost wages.  Drinking on the job is cause for firing; even without that she could be fired for pretty much anything that is not discriminatory.


Title: Help! Official complaint lodged against me at work...

Question:
TL;DR – 6 months ago, one of my direct reports (a former lawyer) lodged an official workplace complaint alleging discriminatory behavior. Following a 3rd-party investigation, I was cleared of wrongdoing, and this person was transferred to another department and we’re doing our best to avoid any risk of retaliation. Now, my HR team wants this person to report to me again. I feel this is a phenomenally bad idea but have no idea what my options are. Am I even within my rights to fight against having this person report to me again?

The Full Story:

So I lead the Business Development team in my (small) company.

About 6 months ago, I received a notice from my HR colleagues that an official complaint had been lodged against me. It turns out that it was one of my own direct reports, alleging discriminatory behavior based on gender and race. This person is also a former lawyer. I was also on the verge of putting this person on a 3-month performance improvement plan (PIP) and had informed them of this, literally days before this complaint was lodged.

We underwent what felt like a pretty grueling official third-party investigation. I consider myself to be a pretty steady, unflappable person. I survived years at the boiler room that was McKinsey & Company as a management consultant. I’ve certainly never cried at work before. After being grilled for 3 hours, I had to go sit in the office courtyard for 2 hours bawling my eyes out.

Anyway, eventually I was cleared of any wrongdoing.

Our office of course has a policy of non-retaliation (which I fully support), so we decided to transfer this person to another direct manager. We pretty much maintained this person’s portfolio, as well. And I don’t interact with this person outside of group settings (meetings, group emails etc.), where I do my best to keep it normal and civil.

(In many ways, my life is better now that I didn't have to worry all the time about how to coach this person to improve their performance. It was like a weight was lifted from my shoulders!)

Recently, HR came to me and said that they wanted to transfer this person back to me. Their position is that this person wants to keep doing Business Development and I’m the best-positioned in the organization to provide them with guidance and support.

I’ve come across many bad ideas in my life, but this has to be one of the worst. I feel it doesn’t set this person up for success, it doesn’t set me up for success, and it doesn’t set the organization up for success. As a manager, I wouldn’t feel safe providing feedback because I’d be constantly scared that I’m being monitored for signs of retaliation. And frankly, I’m afraid that I’d be setting myself up for a future lawsuit.

HR explained that we can do a process of mediation after this person reports to me again. When I asked what that means, they said that the two of us (this person and I) will sit in a room for a few hours and talk through our issues. Oh, and there’ll be a third-party there. This sounds like a pretty awful process! (Maybe you can tell, but I don’t have a ton of confidence in our HR team...)

I told them that I’m not comfortable with this solution and there should be alternative solutions for the work this person should do and who they should report to (I laid out another concrete option). I also told them at a bare minimum, we should go through a mediation process FIRST, and then decide if mutual trust has been sufficiently rebuilt to enable this person to work directly with me again.

But I have to wonder, what are my options here? How strongly am I allowed to push back? Am I even allowed to push back at all? A part of me is afraid that even this represents a retaliatory action…

Ultimately, I love my job (most days!). I’m trying to figure out how much room I have to advocate for myself in this situation. What I’d like to avoid is being painted in a corner and being so miserable because I’m forced to bend over backward, and eventually leaving the company because I feel I don't have any other choices.

So I'm struggling to figure out what to do, and would deeply, deeply appreciate any advice provided!

Answer:
 I don't think you will get much help here as this seems more like a human resources issue than a legal issue. Have you tried posting this on r/humanresources?Answer #2: Don't accept the person back into your group. Fight it for all you are worth. My wife had to go through a situation with a problem employee and it was detrimental to both her career and her mental health. She's just now, two years later, climbing her way back out the hole this person dug for her. Whatever juice you have, use it to keep the psycho away from you. Explain that the focus of your group is changing. You are over headcount. Whatever excuse you can manufacture.Answer #3: They would be setting this person up to allege hostile work environment....but I would go with the others suggestion of posting in r/humanresources Answer #4: FWIW, I think that the mediation BEFORE is a better idea.  People need to work out their differences - or figure out if they are not reconcilable.

As a general rule, though, he probably shouldn't be reporting to you.  Is he a habitual complainer?Answer #5: Oh, and if it's relevant - I'm based in California.


Title: Help! Received an email from Facebook pretty much saying they are going to hald my account over to law reinforcement. I have no idea what to do.

Question:
Here is the email

&#x200B;

 Hello,

We have received legal process from law enforcement seeking information about your Instagram account. If we do not receive a copy of documentation that you have filed in court challenging this legal process within ten (10) days, we will respond to the requesting agency with information about the requested Instagram account. We may need to respond to this legal request within less than ten (10) days if we have a reasonable belief that we are legally required to do so. Please respond to this message with a copy of any documents you file with the court.  If you would like additional information about the legal process, please let us know as soon as possible.

Thank you,
Law Enforcement Response Team

&#x200B;

What should I do?  And what sort of documentation do I need?  I also do not know which account they are talking about.

Answer:
 Well, first you should ask yourself "what did I do that would make the police want my account?"

And then, if anything at all comes to mind... you want to call a lawyer right now.Answer #2: This is very likely a scam.


Title: Father committed suicide in another state wife is being sketchy

Question:
My father died 2 weeks ago....his wife refused to tell my brother and I  anything... I assumed the home they had their and the 2 plots of riverfront were all joint tenancy.  Iasked about this last week and have gotten a little bit more information but I'm also super overwhelmed. (No will has been found though my brother said that I while back my dad had mentioned to him that he  was making a will) So, the home and surrounding land is only in my father's name. I can't get the information on the vehicles he owned until I get appointed executor which seems damn near impossible out of state. (I'm in Maine. He lived in Virginia and my brother is in NY) his wife won't let me in the house so I have no way of doing inventory and it seems it's all about money for her so I want to fight her because my dad had wanted a divorce and I know he wouldn't want her to end up with everything.  Where do I even start? I have some paperwork but it seems like it will be a full time job and I'll probably have to hire a lawyer in Virginia....

2nd question. My family has land in upstate NY and it has been in our family for like 6 generations. My father and my grandfather are the ones on the deed. I know my father wanted that land to go to my brother and I but was in some dispute with his siblings that I stayed out of. My grandfather is still alive. It seems as though my father's wife thinks she has some claim to that land as well...as far as I can tell it falls under survivorship and goes to my grandpa (who has dementia and we aren't telling what happened to my father) I know my grandpa has a will and didn't want to get involved in his kids fight over the land. I'm not sure if they got him to change it over to their names and not my father's before he got really bad. Does she have any claim on this land? I can't get any of the riverfront because it was joint tenancy but I don't know if the laws in VA are really different from the laws in NY.

Answer: Consult with a probate attorney in Virginia.


Title: Student in Maryland needs help with Forged Currency

Question: This is what happened. I am a broke ass college student trying to pay his way in school. I work 2 part time jobs one at school and one helping out my parents. When I get into work at my parents they told me they got a fake $50 bill and didnt notice it until after the fact. Basically what had happen was I look that bill as used it to to order pizza and the cops were at my door in a few hours. At first I lied to them to try to not get in trouble but later they found me in my lies and I told them the truth. The cop told me that he will have to think about that he was going to do and will let me know if he was going to arrest me. The next day I went to the pizza place and paid back what I owned. A few days later the cop emails me and asks me to write a written statement of what happened. He said it was voluntary and because I wanted to seem like I was helping I wrote one and sent it to him via email. Now I haven't heard back in a few days. But today I got "jail mail" the mail you get from random attorneys saying they will give a free consultation because they found out i was charged with a crime. So I don't know what to do. Im a dumb broke college student that fucked up and is seeking help. Do you recommend I do nothing until I get called to court or hear back from the cop or talk to the attorneys as soon as possible?

Answer:
 You need a lawyer. You already created a big hole for yourself here by admitting to the crime. You need to shut up, quit talking to the cops, stop admitting to shit, and get a lawyer immediately.

Under federal law, the use or attempted use of counterfeit currency is illegal if the person has the intent to defraud the recipient. A conviction for the offense carries up to 20 years in prison and a fine.

Maryland law prohibits a person from knowingly possessing or issuing, with unlawful intent, counterfeit U.S. currency. Violation of this statute is a misdemeanor carrying up to three years' imprisonment and a $1,000 fine.

You're looking at the potential for serious prison time here either way. You've admitted to both of these crimes outright. You knew it was counterfeit and used it anyway. You really need to pray, wish, or otherwise hope that you aren't charged with the federal crime.

Get a lawyer. Now.


Title: Can cops wait for a DUI to happen and not try to stop it?

Question: A friend of mine went to his friends house for lunch and him with 3 other friends were smoking weed on their back porch, the neighbor saw and called the school. they later drove back to school and the school officer was waiting for them to get back, he is now facing charges of 8 years in prison for driving under the influence, possession, extorting minors (he is 18 and smokes with friends that were 17), among other things. i am just confused the the cop doesn't have to go to the house and try to catch them earlier as when he was driving back he could have been in an accident. wouldn't the cop have to attempt to  stop them before endangering others lives? (Longmont, Colorado)

Answer:
 Firstly, law enforcement has no duty to protect. (Castle Rock v. Gonzales) He doesn't have to go to the house and catch them earlier.

Secondly, extorting minors? Based on your description of the scenario, contributing to the delinquency of a minor?

Thirdly, was he arrested?

Fourthly, there are some missing pieces here:

1. Driving under the influence requires some evidence. Like, FST's, a breathalyzer, etc. Was the arrest for DUI narcotics (marijuana?)

2. Possession requires...well, possession. Your friend would have to be in possession of the controlled substance at the time to be charged with it.

3. Extorting minors... I don't know what this is. Again, I'm guessing based on your description that it's akin to contributing to the delinquency of a minor. Is the neighbor a witness that's going to testify? Did the "3 other friends" roll on this kid and admit he was there?


Title: Personal Injury Claim against me pls help

Question:
About 2 years ago I was involved in an accident where I was charged at fault, at the time it didn’t seem as if anyone was seriously injured as it wasn’t a huge accident. I just received a claim against me and my insurance company for 2.2 million dollars and I only have a 1 million dollar coverage on my insurance. What happens if the claim gets settled over the 1 million insurance coverage? Am I liable for the entire amount remaining? I’m a 21 year old student with no way of paying any large sum of money, my family assets are worth maybe 50-100k as we do not own a house. What are the chances of the case settling above 1 million? Are 1m+ settlements common in car accidents?
Topic:
Canada

Answer:
 The claim is likely inflated by a substantial degree. This is a legal strategy based on creating risk for the insurance company. Insurance companies are obliged to settle within policy limits if possible, in order to protect their insured from the overage on a claim that is over policy limits. So, in short, the insurance company will not settle for over 1 million unless they intend to pay it, which they won't, given the policy limits. Also, no, settlements that large are not common. Answer #2: >Are 1m+ settlements common in car accidents?

Not commone, especially in Canada but also not unheard of.

You need to just give this to your insurance company. They will have a better idea of what an actual payout will look like. But yes, if it is more than your coverage you will have to pay out of pocket. If you have an umbrella policy somewhere (like maybe attached to homeowner's, or to your parent's homeowners) then you may need to contact them as well.


Title: [PA] Client in family court admitted to recording the court hearing secretly. We are in a two-party consent state. What can be done?

Question:
I work in a court building and hold pre trial conferences. This is not a record hearing and clients are not allowed to record during the conference.

Recently I had a client admit at the end of the conference that he had been recording everything secretly. My supervisor told me to just tell him to turn his phone off and continue the conference.

I will be seeing this client again and am nervous about him secretly recording me again. Since PA is a two-party consent state, he has already committed a crime when he recorded me the first time, correct? Is there anything that we could have done at the time, or anything we can do now regarding that? If he does it again, what should I do? I assume I can't grab his phone or anything. We have sheriffs in the building who stand in the room for the conference and they are able to make arrests but only if someone is basically attacking people. Would I tell one of them I want to press charges? Would I call 911?

My supervisor and director, and basically everyone up the chain, are unhelpful and think this is a non-issue and I'm making a mountain out of a mole hill.

I do NOT want to jeopardize my job so most likely I will just do what my supervisor told me and ask this client to turn his phone off in front of me prior to each conference. I can't search him though and he could easily bring a second phone that is recording.

Answer:
 "What *can* be done" is different from "what can I **make** them do?"

Because there are all sorts of criminal charges (including contempt of court) that CAN happen.

But you can't force a criminal investigation or charges to be issued.Answer #2: If it is a closed hearing, it doesn't really matter whether or not it is a two-party consent state, it is illegal regardless.

With that being said, in the interest of protecting your job, your only responsibility is to report it to your supervisor and follow their direction.


Title: Question about moonshine law. [US, AL & GA]

Question: I live in Alabama and occasionally buy legal moonshine from the liquor store here. However, if I go to GA and take the moonshine that I bought legally here, does it become illegal to posses it there? I really don't want to even risk it if legal moonshine bought in Alabama would be illegal in Georgia.

Answer:
 Most "moonshine" laws refer to distilling liquor without a proper license.  If it's for sale in a liquor store and labeled like ordinary commercial liquor, it's legal to purchase/consume just about anywhere in the US.

[Georgia does have limits on how much out of state liquor you can legally bring into the state.](http://law.justia.com/codes/georgia/2010/title-3/chapter-3/article-1/3-3-8)  It looks like the limit is a half-gallon of liquorAnswer #2: Legal moonshine is just unaged white whiskey.  This is like taking an energy drink and calling it Cocaine.  It's a legal product with an illegal sounding name.


Title: I can't confirm a story told that her husband turned himself in for child porn. I'm a bit worried for his safety.

Question:
My brothers exwife is famous in our family for outrageous lies and psycho behavior. My brother tries not to stir the pot with her over things because she wields his child visitation over him like a weapon.

Well now that woman has told my brother that her present husband has turned himself into the police after she discovered child porn on a shared cellphone they use for internet.

This was pretty shocking, and given her history for telling tall tales I wanted to see what the charges specifically were against him. The county they live in has a very active booking section on their website with photos/names updated hourly. And you can search it by last name alone, which shows him not in the system.

It has been over 24 hours since he supposedly turned himself in. Is there another place besides county jail where offenders like this might be held? I can't imagine him being interrogated for a full day without being booked for a self admitted crime.

And this husband is known to have no active family relations still on earth and is in poor health. The only person that would know if something happened to him is my brother who goes to visit his kids at their house every two weeks. The children are all disabled and young and mostly non-verbal.

At first I was outraged that someone looking up such things would be living in the same house as my nieces and nephews, but now that I can't find him in the system I am worried she is smearing him in a campaign to make us not want to look for him.

Should I call the sherrifs office? What would I say? I just want to confirm her story as true or false. Utah.
Topic:
Criminal Law

Answer: It's possible he was transfered to federal custody but it's more likely she is just trying to get a rise out of you.  You don't have any real right to know at this point.


Title: r/nostupidquestions sent me here, they told me that you guys could awnser my question, I'll copy paste it below.

Question: Ok, my question is, hypothetically, if I were to have access to some primates, (Gorillas, Chimpanzees, etc.) As well as assorted firearms and swords, and trained the chimps to use said weaponry against anything and everything, then released them into a crowded area, theoretically, are there any laws stopping me, that I can't bypass with a permit? If it helps, this would take place in America.

Answer:
 This just....  what?

The permit allows you to own it, not to arm it with weapons and set it loose in a populated area.

Your permit would be revoked, but that's the least of your worries compared to the murder charges and what not

You realize that you can't train a vicious dog and then go sic it on people, right?

Why would primates with firearms be a free pass?


Title: It just occurred to me, I might have a son who is about 13. Would I be obligated to pay back child support for 13 years?

Question: NY: (true story) Long story short I finally connected the dots and it is possible I may have a son from a girlfriend about 13 years ago. However unlikely, I would like to contact her and see if my suspicion is correct. I am not against child support had I been aware from the start, but I am concerned with having to pay back child support for the past 13 years as this would put a considerable financial burden on my family. If it was just me I wouldn't care but as a family we're struggling to get by as it is. What should I do?

Answer:
 Whether you might owe back child support at all (it might be too late for her to establish paternity involuntarily), and if so, how much, will depends on the laws of the applicable state. Probably the state where she resided at the time of conception, but possibly where the child was born or (less likely) where the child resides now.

If you cannot afford to pay **some** back child support, clamp down on your curiosity. Contact your old flame in another 5 years or so - when you are 100% positive that the child has reached the age of majority (19 years in Nebraska and Alabama, 18 everywhere else).


Title: My job was robbed

Question:
2nd time in two weeks. I do not feel safe going back to work and have been stressing all weekend long about going back. I go back into work tomorrow but am seriously contemplating going back because of the second time, coworker got into a scuffle with the robbers and they escaped.
I’m concerned they’ll be back for revenge because my job is in a bad part of town.  I have kids and I get paid way too little to risk my life. I’m not sure what to do.
I live in CA,US.

Answer: You can quit, or you can keep working there. What other options were you hoping for?


Title: Can I take a family member to court for cyberstalking? Virginia, USA

Question:
[deleted]
Topic:
Other Civil Matters

Answer:
 >Can my mother turn off my cell phone service if we have a verbal agreement that she would pay for it while I was in college?

Yes

>Can my mother monitor me through Facebook on fake accounts simply because she is my mother and get away with it or is that considered cyberstalking?

Yes she can, the fact that she is your mother is irrelevant, and the activity does not likely rise to the level of "cyberstalking".

>Can I press charges for cyberstalking and sue for emotional distress as a result?

You cannot "press charges".  All you can do is report something to the police.  If you report this, they will laugh at you.  You can sue in civil court for anything that you want, but if you sue for this, the judge will laugh and throw the case out.


Title: My city put speed camera in a construction zone that's been finished for a month now on the interstate knowing no one will go 40mph

Question:
Basically just got a thing in the mail from my daily commute of a ticket for driving 46 mph on the interstate. A speed camera set up at the end of the construction zone that has been empty and competed for a month, no workers, just a construction zone sign with a speed limit, and some cones. I am forced to go the flow of  traffic or it becomes a hazard in the morning.

Is this entrapment by the city to get tickets using a construction zone with no construction in it?

Answer:
 > construction zone sign with a speed limit, and some cones

If the construction zone sign is there, you need to abide by it.

> Is this entrapment by the city to get tickets using a construction zone with no construction in it?

No. You can complain to your local government officials about this policy decision, however.


Title: Question, My Sister (16yo) sent a bad pic out...

Question:
So my sister who is 16 sent a topless photo to an 18 year old dude she met online. Well the 18 year old posted said pic to some website or app or something, not sure what. I want to call the police but my sister is worried she will get in trouble, will she?

location is Indiana

Answer:
 She is not likely to be in trouble, but he is.  [Some analysis](http://www.criminaldefenselawyer.com/legal-encyclopedia/teen-sexting-indiana.html):

>However, it is a defense to prosecution if the texted images are only of the sender or recipient, the parties are not more than four years apart in age, the parties are in a dating relationship, and the sexting was consensual (that is, not part of harassment or bullying). However, this defense does not apply if either party sent the image (or images) to anyone else. (In. Ann. Code § 35-42-4-4.)

So he is liable as fuck, for sending it to third parties.  She should be fine, since they are within 4 years, and it was consensual.

It was still a dumb move, though.

If you know where it is posted, you can send them a takedown notice.  They can get in pretty massive legal trouble for hosting child porn, so most will take that shit down.  You can also let him know that sending that photo to third parties is a felony.Answer #2: IANAL- It appears that via this link [here](http://statelaws.findlaw.com/indiana-law/indiana-child-pornography-laws.html) that she *might* be falling under child pornography laws in Indiana.

Someone in your family should consult with an attorney before she talks to the police to get a more qualified answer.


Title: Fired from job in Washington state after panic attack

Question: I had a panic attack at work due to work related problems. I went completely unconscious and stopped breathing. My manager called my husband to come pick me up and the next day I was let go because the shifts they were having me work were causing the panic attacks and they were not willing to accommodate my request for different shifts. Other previous coworkers were able to be accommodated for many other reasons, but my requests for schedule changes due to my anxiety were repeatedly ignored. I was an excellent employee at that business for almost a year before being let go. It feels really shady how this all went down because we were understaffed already, and firing me only caused more problems. Is there anything legally wrong here?

Answer:
 > the next day I was let go because the shifts they were having me work were causing the panic attacks and they were not willing to accommodate my request for different shifts.

If the employer was unable to reasonably accommodate your need for specific shifts, they are justified legally in letting you go.

No harm in checking with a lawyer, but there is nothing here that points at illegal behavior from the employer.

For more information (including much more detail from the OP, courtesy of Location Bot), this is the previous thread posted by the OP a week or so ago:

https://www.reddit.com/r/legaladvice/comments/8ywjx3/i_was_fired_for_having_a_panic_attack_at_work/

Answer #2: Why were those shifts causing you panic attacks, and why do you think the other shifts would be better?


Title: I'm being taken to small claims court, but I'm not sure if I still have to attend

Question:
In Illinois, 17 years of age, for reference.

I had been in an accident and did not immediately complete insurance paperwork for my mother's insurance company. After becoming aware that I was being taken to small claims court, I had completed and mailed in said paperwork ~3 weeks ago. I have the court date tomorrow and I am unsure if I still need to attend. I also need guidance in how to find the information from either insurance provider.

If I am missing any necessary information,let me know and I will add it.
Topic:
Small Claims Procedure

Answer: Yes, you have to show up if you have a summons.


Title: I caught my neighbor being a peeping tom!!!! What do I do???

Question: [deleted]

Answer:
 There's nothing for you to do, really. If he had climbed a tree on your property and peeped in like a modern day George McFly, you might have something here. But as it stands, there's nothing illegal about standing in your own home, looking out your window.

I have windows that face my neighbor's house. If I don't want my neighbor to see in, I close the blinds.

There's no legal solution for you here. You have a creepy neighbor. Close your window.Answer #2: Get some drapes.Answer #3: You should get curtains or something for starters.


Title: So I peed a girls bed.

Question: To make a long story short (and this is not a joke) I was sleeping with a girl. While doing so I went to her birthday party, saw there was a bunch of guys she invited her ex boy friend being one of them. So i decided to get incredibly drunk and thats exactly what I did. We didint hook up that night but i slept in her bed and when I woke up i was soaking wet from my own piss. She was not happy, I was embarrassed this has never happened to me before. Needless to say she was pissed and I apologized greatly. The next day she said your lucky I was able to get it out. And then the day after that she said if you " don't want to be a douche bag you can pay me $875 because thats how much its going to cost me to buy a new mattress. I said can i put it on a card, she said she would rather just do it herself so she preferred cash. Later after I Ignored her she threatened to take me to court for destroying her property. Does she have a Case?

Answer:
 "What do you mean **I** pissed the bed? **You** pissed in your own bed!"

Not that anyone here advocates lying. I'm just showing that she is going to have a hard time at proving anything in court absent an admission. (Never lie in court.)

**Just offer to pay for a mattress cleaning. She doesn't need a whole new mattress.**Answer #2: You can have the mattress sanitized for under $200, call some companies that do carpet steaming/furniture cleaning.

SOURCE: someone peed in my bed once too. His friend worked for Sears carpet cleaning and came and sanitized my bed for me.


Title: Is there a way to push a mental health facility to improve? What are the current standards

Question:
This happened in Alabama 2019. Last year I visited a therapist and based on a journal entry from a few weeks before, I was sent to the hospital. From there I went to a mental health facility. I’d like to believe it was not up to code because it was not good. It was just a double wide trailer with 6 bedrooms, a bathroom, storage, and two offices. The same...well...turd remained in the corner of the bathroom for my 5 day stay. Our files were kept in an unlocked filing cabinet. Possessions were in an unlocked cupboard. It was day three before anyone noticed that I only had a hospital gown and offered me actual clothes. When I unfolded the shirt, a dead cockroach fell out. The staff threatened to keep me longer if I did not eat more. I can understand the concern because eating is important but I noticed that the packaged food always tasted off. I checked the date on a packet of oyster crackers and it had gone off in 2017. I don’t want them shut down because I know that people need and appreciate them but I do think the standards should be higher and the place should be cleaner.
Topic:
Healthcare Law including HIPAA

Answer: Report them to the health department. The fact that it is a double-wide is irrelevant. Schools use these all the time. But the filthy bathrooms and the expired food? Those might be health violations in your locality. As for the possibility of closing the facility, it takes a lot, at least where I live, to close something down over health violations. But the health department may force them to improve.


Title: Slipped and injured at a mall (no wet-floor sign)

Question:
My family went to a mall yesterday. On the way out of the bathrooms, while carrying our daughter, my wife tripped and fell on a wet floor (no wet-floor sign). She was able to angle our daughter out of harms way but she twisted her knee and bruised her patella. At the time it happened, she couldn't get up and we weren't sure if she needed a hospital visit. EMTs were phoned by a good samaritan (we were unfortunately unable to thank him before he left) and mall security took our statements. There were also security cameras in the area where the incident occurred. The spill was immediately cleaned up and other security personnel were eager to help us be as comfortable as possible until the EMTs arrived. They came just as my wife was finally able to feel like she could stand up. They inspected the injury and helped her stand (after verifying as well as they could that she didn't break anything). We were able to leave the mall on our own.

She saw a doctor this morning and it's expected that she will experience pain and have mobility issues for at least a couple weeks. I will be calling the mall later to get the name of the security personnel who made the report. Is there anything else I should do or ask? How should we deal with any medical bills we accrue as a direct result of the incident?

EDIT: This was in Kansas City, KS, btw.

Answer: You talk to the mall and file a claim against their insurance (or with them if they are self insured)


Title: Let go after suggesting a safety audit

Question: I was a high-level manager in a manufacturing facility of a family owned company in Columbus, Ohio that has about 35 employees. I made a suggestion to the executive team that we needed some kind of safety program because if the amount of time being missed due to things like headaches from dust inhalation, chemical fumes, and eye injuries. I had begun scheduling a local company to come in and do a safety audit, and my boss said, and I quote "I hope they don't take this too seriously and contact OSHA or anything." A couple of days later, I was told that I was being let go. No reason other than "Not working out" though I was given nothing but high marks over the first 6 months. This seems shady AF to me. Thoughts

Answer:
 File for unemployment. Whistleblower protections only apply when reporting to regulatory agencies. Next time if you have a concern just report it.

> I had begun scheduling a local company to come in and do a safety audit

Were you told to do this?


Title: Wife mom wants to buy a house and put it in my wife and her sisters name. How do I make sure I am protected?

Question:
So my mother in law is looking to buy a house cash and she wants to put the house in my wife and her sisters name. We just recently (August 2016) bought our first house and I am a little nervous to allow this because we would ultimately be liable for the taxes and home owners insurance on the house. Another concern I have is how far into my assets could someone go if they wanted to sue the property owner of my mother in laws house. Could they come after my primary residence? Should I look into creating a LLC to hold my mother in law's house to protect us, or would that be over kill.

Any insight is appreciated.

Answer:
 You protect yourself by not doing this.

Common reasons for this kind of arrangement tend to be felonies - hiding assets, dodging taxes, changing qualifying data for state/fed benefits, or avoiding losing the property in an impending lawsuit.

Some of those you could be an accessory to if/when the hammer falls.  If she can't give you a solid credible reason that you take to an attorney to make sure it's legal, then Nope that plan immediately.


Title: Being Touched By A Girl At My School, Can I touch her back?(California)

Question:
Alright so basically out of the 8 classes I have at school, in 1 class an attractive girl (which I've grown to like) keeps touching me in a sexual way. This is all with clothes on, in the middle of class. We sit next to each other, keep in mind I do not in any way find this uncomfortable and I'm gonna be honest I kinda like it. The Touching varies from holding my hand, putting her hand on my knee and moving it in a sexually way. There's also this thing she does with her leg where she like rubs her leg against mine. No, she hasn't touched anywhere near my genitals. Now let me say this once more I do NOT want her to stop in any way. However, the question is. Am I legally allowed to touch her back as she touched me? or do I have to ask for her consent? I am in 8th grade. I'd also like to state that this is not a troll post and I'm willing to show my I.D to prove it is serious. Thank You
Topic:
Juvenile and Youth Law

Answer:
 Don't do that in school. Ask her on a date. Ask for her consent. And remember that you are both underage.Answer #2: > I'm willing to show my I.D to prove it is serious.

Please do not post your I.D. on Reddit.

Also, I think that your update is the correct course of action (i.e. asking her out, asking her if it's ok to touch her, and keeping things out of class so neither of you get in trouble). Hopefully she says yes and things work out for you, good luck!Answer #3: Ask first.  Then maybe ask her out.  Answer #4: From a legal perspective, you're both minors which wouldn't cause you any legal problems. That being said, the best solution would be to ask her out given she's obviously super keen and you're not getting the message that she wants exactly that...Answer #5: Holding hands is not sexual; rubbing your knee may feel sexual to her, but might not be to her.  Same with brushing legs.  Absolutely ask before you touch her, period.

Good luck with the date!Answer #6: Always ask, but maybe don't do that shit in class. As for sexual stuff, if it gets that far (but it probably won't, considering your age), check the age of consent (I'm not sure if CA has R&J laws), and use protection. Maybe ask her out.  Good luck!Answer #7: My only advise is to be careful....what you are viewing as "sexual" might not be what she is intending.....Just talk to her man, you can certainly hold hands or something between classes but I wouldn't be doing anything DURING class. School is also not the place you want to get caught doing something sexual either......


Title: Speeding Ticket

Question: Hello, I got a speeding ticket yesterday, I was just going with traffic but he said I was going 78 in a 65. After he left I was reading the ticket and noticed he wrote down my social security number wrong. So, my question is can I get out of the ticket since he wrote it wrong? FYI, this was in Ohio.

Answer: clerical errors on a ticket dont invalidate it, sadly.


Title: My employer took tips away, but customers are still leaving them. We aren't allowed to collect what has been left.

Question:
I work in a coffee shop franchised by a grocery store. When we opened, tips from customers were allowed. A customer complained that one of our employees was putting her change in our tip jar instead of returning it to her.  No proof, dates, times, receipts were given. No investigation occurred; the director of the grocery store said all tips collected henceforth would be donated to a charity of his choosing (without telling customers).  It seemed shady, so I reported it to the state department of labor.  Very shortly after the claim was filed, a no-tip policy was implemented, instead.  We were urged to sign tip waivers; I still haven't signed one.

Customers are still leaving change as tips even after we tell them we aren't allowed to collect them. Technically our "tips" are being withheld.  My manager won't do anything for fear of losing her own job.

I don't think this is even remotely legal.    The US DOL and State DOL keep closing my claims because tips will be disbursed right after I file one. Many customers are disgusted with management because we suddenly no longer accept tips after nine months of having them.

What can I do?

Edit: I'm in KS, USA

Answer:
 They cannot take your tips

>Tipped employees are those who customarily and regularly receive more than $30 per month in tips.
Tips are the property of the employee.
The employer is prohibited from using an employee’s tips for any
reason other than as a credit against its minimum wage obligation to the employee (“tip credit”) or in
furtherance of a valid tip pool. Only tips actually received by the employee may be counted in
determining whether the employee is a tipped employee and in applying the tip credit.
Tip Credit: Section 3(m) of the FLSA permits an employer to take a tip credit toward its minimum wage
obligation for tipped employees equal to the difference between the required cash wage (which must be
at least $2.13) and the federal minimum wage. Thus, the maximum tip credit that an employer can
currently claim under the FLSA is $5.12 per hour (the minimum wage of $7.25 minus the minimum
required cash wage of $2.13).
Tip Pool
Requirements
: The requirement that an employee must retain all tips does not preclude a valid tip pooling or
sharing arrangement among employees who customarily and regularly receive tips, such as waiters,
waitresses, bellhops, counter personnel (who serve customers), bussers, and service bartenders. A valid
tip pool may not include employees who do not customarily and regularly received tips, such as
dishwashers, cooks, chefs, and janitors.

http://www.dol.gov/whd/regs/compliance/whdfs15.pdfAnswer #2: Would you, if not retained by your employer, regularly receive at least $30 in tips per month?
 Answer #3: Don't file a claim for "tips aren't being disbursed right now". File a claim for "tips weren't disbursed from date X to date Y, which is longer than the legal limit" (you should find out what that limit is for your state).


Title: Internet is disconnected until I call tech support, for no reason. Happens several times a month. [MI]

Question:
I know this doesn’t seem like much, but I’m graduating next semester with a BS in Computer Information Systems and need to speak with my development teams and such very frequently...

Basically for the past year or so, with a completely new modem, my internet has gone out randomly 2-4 times a month. It will stay disconnected until I call tech support and they bounce the port. This is literally the same problem each time, completely unchanged, but they don’t fix it.

Internet goes out, they guide me through the process, I tell them to bounce the port, internet is back on. A few times they’ve asked me to purchase a new modem from them, even though they just replaced my modem a few months ago.

Now this takes 1-2 hours out of my day just to call tech support and wait on hold, etc. This happens several times a month. So I’m losing 8 hours a month to tech support and then the added time of not being able to properly contact my dev teams... it’s just ridiculous at this point.

I’m just wondering what I can do? It’s currently out and I’m dreading spending time with tech support when I have a 2 year old who is going to freak because I’m not paying attention to her because I have to call century link for the 4th time this month.
Topic:
Computer and Internet

Answer: Contact your state's utility commission and file a complaint. Unless your terms of service include a service level guarantee, there's not much else you can do.Answer #2: Ask for a discount for all the time spent wasted on the phone, use said savings to buy your own modem already. I dealt with this same issue for a month and even that was too long. A Docsys 3 modem is cheap. They didn't care, it's way less egregious than other hijinks they pull, best bet is find a way to not be talking to phone support.Answer #3: What does their ToS and SLA say about outages?Answer #4: This may be an obvious question, but is this the only service provider in your area?


Title: My landlord has been keeping my mail -- will my protective order still be valid?

Question:
I have a No contact order on Janelle. She has violated it twice. My landlord (Ray) and I live in the same house with 2 other roommates -- Janelle used to live there with us, so its a DV... Ray bailed her out of jail each time and told me she was in Portland for rehab.

I found out today that she is here in Burien, not in rehab (so I'm in danger of running into her!), AND, he has kept my mail now for months, anything involving court! He told my room mate NOT to tell me but I,need to be in court on December 15th! Ray and Janelle still don't know that i know. He's simply not going to tell me! Janelle is his niece, by the way -- so I have been repeatedly thrown under the bus, but my questions are:

Will my no contact order (for 2 years) be cancelled? What on Earth could i be subpoenaed for? And, can Ray, my landlord, get into legal trouble for this?

Thank you in advance for helping me solve my,problem. This is devastating, I thought Ray was a trusted friend, but also I was the victim of Janelles assault! I don't understand his leaving me in the cold... Thank you.

Answer:
 Because USPS is a federal agency, he could be charged with a felony for interfering with your mail.

https://www.law.cornell.edu/uscode/text/18/1708

I would suggest getting a PO box to make sure youre getting your mail and then file a police report.


Title: [north Carolina] Quick question about hiring and drug tests.

Question:
I heard somewhere that they cannot ask you to take a drug test until you are officially offered the position in writing. I did a quick google search but all I found was in Minnesota. They are trying to make my coworker who works for a temp agency take the drug test before the official offer. Is that allowed? Is it only some states that require the letter first?
Topic:
Employment Law

Answer: There doesn't appear to be any law in NC which says a drug test cannot be required until a written offer is made.


Title: (MA) Went to pick up prescription from doctor's office and was told I could not have the script until I took a urine test....

Question:
I never signed anything agreeing to random urine screenings.

 I submitted to the urine test without really knowing what it was for, was just told that "it's the law" by the secretary. I called back later and was then told "a lot of people sell this drug and we do random drug checks to make sure it's in your system" by the nurse practitioner.

My psychiatrist prescribes me Ritalin for my anxiety. Generally I do take it regularly, but recently I got sun poisoning and have been throwing up constantly so I haven't taken my Ritalin in a few days as I was advised not to by my psychiatrist. I have proof of this. I tell the doctor's office but they seem to think I'm not telling the truth. They are now requiring that I come into the office so they can count my pills.

My question is, is this actually legal?? This seems insane to me? Thank you!

Answer:
 This is both legal and a critical practice for avoiding people getting a prescription for and then selling what is on the street a pretty valuable drug.

Having to go in to the doctor and validate that you still have the pills you didn't take while you were sick is a minor inconvenience that is important in defending the integrity of the system and ensuring those types of drugs are readily available to those who need them.

If you can't account for those pills, it is unlikely (though I suppose possible) that you would have any kind of criminal problems, but very likely you would have a hard time continuing to get the medicine.


Title: Question about double jeapordy.

Question:
I've never used this sub before, let me know if I'm outside the rules.

So yesterday I received a ticket for an expired registration on my car (by one day) and the ticket is for "expired registration under 6 months". Due to some mitigating circumstances, I cannot register my car before I have to drive again. I have school and work. If I were to drive the car again before getting it registered and we're to get pulled over for the expired tag, could they write me another ticket? Even though I've paid a ticket that punishes Me for having an up to 6 month expired tag? Not sure if that would be double jeapordy because traffic infractions aren't technically "crimes" as I understand it. I live on Florida if it helps. Thanks!

Answer: Each infraction is for *driving* with an expired registration. You could get a ticket and then get pulled over a hundred feet down the road and you could still get another ticket.


Title: [IL] Fired for wife submitting false paperwork to work without my knowledge

Question:
It’s a long story with a lot of layers, so I’ll try to keep it to just the important things:

In 2018 my wife fooled me and everybody in our life into thinking she had cancer.  I submitted FMLA paperwork from her psychiatrist and took days off using that.

She also “scheduled” fake surgeries and chemo treatments.  For those she falsified FMLA documents and forged real oncologists signatures and sent them in herself.

I was approved, and used 90 days of FMLA.  When I ran out of medical I was approved a leave of absence by my VP for 6 weeks in fall 2018. I returned to work for another 6-8 weeks before needing to get another leave of absence for an additional 6 weeks.

With one week remaining in that leave of absence my wife finally told me she didn’t have cancer.  I panicked for my work situation as no paperwork was yet submitted for the leave.  I ended up having her psychiatrist agree to send in legitimate paperwork as he believed me taking the time off work was admissible for her mental health which, obviously faking cancer and multiple suicide attempts, is true.

Now, 5 months after my last leave, my wife and I are divorcing.  When I split from her she contacted the FMLA company to say something along the lines of “my husband is using my cancer diagnosis to take time off work for no reason. Take him off this claim”

I got called into the office and asked about it, to which I came clean and submitted a voluntary statement with evidence of my lack of knowledge and the fact that when I found out my leave was approved by a doctor.

I was just denied unemployment as well and the decision letter reads:
“Claimant was using a false FMLA claim for days off even after he found out it was fraudulent. Since the reason the claimant was discharged was within the claimant’s control to avoid, the claimant was discharged for misconduct connected with work”

I believe I have a good chance to win the appeal as I never took any days off or had FMLA after finding out and my leave was approved by a doctor as well for good reason.

Do I have a case for wrongful termination against this company or would it be a waste of time as there was fraudulent documents in the first place?

Answer:
 You should be talking to your divorce lawyer about legal recourse with your wife.Answer #2: To directly answer - no, you do not have a case for wrongful termination. Even if you are vindicated in your unemployment appeal, you were not fired for any legally protected reason.

While your work would have been required to provide you FMLA leave for your wife's mental healthcare needs, they cannot make an accommodation which they don't know about and you hid that from them until the shit hit the fan.

You can certainly try to appeal the unemployment ruling, but I would recommend focusing more directly on finding a new job. I cannot see how you would be successful in that appeal without additional info.Answer #3: No you don't have a case. You are responsible for the accuracy of the information.


Title: Resigned my job - employer wants email access

Question:
Company want me to sign letter that says: "I hereby agree that (company) may access my email account including all email contained therein for further use of such emails in (company)'s business. I confirm that I only used my email account in accordance with (company)'s IT security guidelines which do not allow the use of email accounts for private communication."

Does this expose me to personal risk even if I did not use email for private communication?

Any reason I should sign?

Answer:
 >Any reason I should sign?

You quit. They can't force you to do anything.


Title: PowerPoint on Steroids

Question:
I run a training design company. I’ve recently started doing workshops on a piece of software called articulate storyline. It is really similar to PowerPoint but it’s a lot more powerful. Hence the name

Will I hear from Microsoft lawyers if I build out the URL powerpointonsteroids.com ?

It’s a catchy theme and one I can market and work with. I just don’t know if I’m legally able to. Any advice is appreciated.

Answer: You'd be begging for a trademark lawsuit.


Title: My former employer overpaid me and have requested I return the money.

Question: Until recently I worked for a large bank and knew before leaving that I had used up more holidays than I was entitled for the amount of the year so far. I was told it would be deducted from my wages but it wasn't. They've now written to me asking me to repay the £400 I owe. Am I legally obliged to repay it?

Answer:
 >Am I legally obliged to repay it?

Yes.


Title: Want to get out of subpoena'd deposition in NJ

Question: I was subpoena'd to testify as a witness to a car accident because I helped complete a police report and witness statement. I don't want to testify in this deposition. Any suggestions for getting out of this? How likely is the court/the parties to take action against me if I don't show up? This is in North Jersey. Thanks.

Answer: What makes you so frickin awesome that you don't have to participate in the legal process? If you were hurt in a car accident wouldn't you want witnesses to say what they saw?Answer #2: Is the reason because you were at fault in the accident? Can't find child care? I'm interested in why you believe you should be exempt from our legal system.


Title: Was interested in renting a house. Applied for it, and was accepted. But didn't sign the lease, and never moved in. Landlord is threatening to sue.

Question:
I'm in my 20s, based in Missouri, USA.

I was looking at renting a house, and had been communicating with the landlords of the house (a private family) via email and things were looking pretty good that I was going to go through with it and sign the lease.

However, out of the blue, another offer came up for a less-expensive house that was nicer than the original one! So I let the original landlord know — hey, sorry for stringing you along, but this is the better deal, so I'm going to go with it.

Obviously, the family was pissed. Well now they're threatening to sue me because I "showed intent to rent." Is that for real? I never even signed the lease!

Thanks.
Topic:
Landlord Tenant Housing

Answer: I don't think that "showed intent to rent" is a real thing.  You didn't sign the lease.  They can threaten to sue you, they can even actually sue you, and you would have to go to the court to defend against their claim, but I can't imagine that they would win.Answer #2: They are blowing hot air. They have absolutely no winnable case. Applying for a place to rent is not binding because you haven't seen the terms of the rental yet. (the lease). While it is true you can be held to a contract that you signed but didn't read, you can't be held to something you never even had a chance to review. There is no meeting of the minds. All you're doing is passing their qualification test for income, credit history, etc.Answer #3: In other news, a car dealership wants to sue me because I took a test drive and that showed "intent to buy".


Title: Hit by a car crossing a crosswalk in a no fault state

Question: I was out for a morning jog Monday morning, crossing a crosswalk when I had a walk signal when a car turning left did not see me (in my bright pink shirt) and hit me. I was rushed to the ER where I had many X-rays, CAT scans and an ultrasound. I'm now being told that being told that between my the two insurance companies I will be left with out of pocket expenses, do I have any legal ground to get the rest covered by the divers insurance company? Background: It took place in Florida, a no fault state, but the driver was issued a citation for failure to yield.

Answer: I would like to know what your lawyer says. This just happened to me In Pensacola, except no tickets issued. The 1 lawyer I talked to wants to go after my own auto insurance for uninsured motorist??Answer #2: Your personal injury protection will cover up to the first 10000 minus your deductible (and copay) If your bill is over 10,000 then you may make a claim under the at fault party and try and collect under Bodily Injury coverage or sue if you aren’t fairly compensated. You can include pain and suffering as well as your medical bills. If your total bill is under the 10k you can try and collect your deductible and out of pocket expenses from the other company. Sometimes they will settle to avoid a larger exposure.


Title: A subpoena

Question: So in all of my adult life I've never had to attend court for any reason. I'm in California btw. All of a sudden today I received a Subpoena in the mail to appear as a witness. The issue I'm having is I have no idea what I could be a witness to... and I'm not sure how to proceed. Thanks for any and all help/guidance that comes my way!

Answer:
 Call the court and ask.

Whether they tell you or not, the "way to proceed" is to go to the court and answer all questions truthfully.