Title: FMLA disqualification

Question:
Hi, I'm on FMLA from work currently due to a personal injury. The last two weekends I've been camping. Unbeknownst to me, one of my friends tagged me in a bunch of pics on Facebook. I'm friends with my supervisor, so its likely he saw them. Could he send those to HR and get me disqualified from FMLA, essentially firing me?
Topic:
Healthcare Law including HIPAA

Answer:
 Then can fire you and argue that you're a faker who is abusing FMLA leave. You can then challenge that on the grounds that "My job at UPS requires me to lift 30 pound boxes all day and I'm on FMLA for a lifting restriction and camping and setting up tents is not inconsistent with that."

There are cases that say employees on FMLA leave aren't required to stay at home with the curtains closed. They're allowed to leave the house and do normal things as long as they can show they are still unable to work.


Title: [Virginia/Ontario] Can my girlfriend accuse me of sexual assault?

Question:
Tl;dr Girlfriend says I sexually assaulted her because I allegedly picked up my pace sometime after she asked me to slow down during consensual sex and has threatened to press charges. Does she have legal substantiation to do that?

This incident occurred in Virginia but I live in Ontario, Canada. I was visiting my girlfriend and we were having sex. It was consensual and we were both in a position to give consent. Sometime while doing it, she asked me to slow down, which I did. A few moments later, she says I sped back up (I honestly do not remember having sped back up. Or to put in a better manner, certainly did not consciously pick up my pace). She says I sexually assaulted her and has threatened to press charges in the past.
However, she admits that, and I have screenshots of this, that the sex was consensual. She also did not “withdraw” consent. Not once during the act she said “no” or “stop” and she admits to that.

Does she have legal substantiation to press charges of sexual assault against me?

Answer:
 It's unlikely that the Crown will pursue sexual assault charges over a disagreement over _tempo_. There are some fairly detailed cases covering what is included in sexual consent, but pacing probably doesn't change the essential nature of the act in ways that would void consent.

However, I would encourage you to describe her as your _ex_-girlfriend. It's clear your sexual and trust relationship has broken down. That may be fixable, but when your partner is threatening to get the police involved, it's prudent to take a break first.

If you are contacted by the police, speak to an attorney (the Law Society of Ontario can refer you) before you respond.Answer #2: You're going to break up with this person right? Answer #3: Run away..Answer #4: save those msgs she has sent you about consent, and then leave her, and do not look back, you have done nothing legally wrong, she has no case here


Title: Dad is threatening to not support my mum financially after separation, unless she gets back with him

Question:
My parents split up over a year ago (I'm 20) We are from the UK.. They weren't married so my dad simply just moved out. The decision was mutual. When I was born my parents mutually agreed my mum would stop working and she would be a house wife and my dad would pay for all. My dad is her only source of income. When they broke up my dad said he would continue to pay the bills etc for us all to stay in the house and he would move out but continue to support my mum out of respect, which is very generous of him, as they remained friends.
Anyways, since my dad ended it with the woman he was seeing over the past year, he's wanted to get back with my mum. My mum has understandably been reluctant to do this, as the reason she wanted to leave my dad was because of the lack of affection she was shown in the last 2 years of their relationship.
My dad has a new penthouse 3 bed (I have a younger brother 14) over two floors and wants us all to move in. My mum is reluctant. However my dad is now threatening my mum saying she has to or she can find her own place. As my mum is unemployed, I feel this is really harsh on her as she's really worried she would end up homeless, and she has been turning to me a lot as its really upsetting her. Has anyone got any insight on this? Maybe in a legal point of view?

Answer:
 Does he pay child support for your brother?

Besides child support...he has no legal obligation to financially support your mother.

Im sorry but this is why it's important to never put all your eggs in one basket. Mom should have been looking for work the second she knew she was leaving him and it seems like that was quite awhile ago. You can't just rely on an ex boyfriend to keep supporting you the rest of your life. Answer #2: Just to make sure I understand: Dad is telling mom that she has two options, be together with him and he'll support her, or not be together with him and he won't support her.

How is that a problem? Isn't that the fundamental understanding in every couple where one partner doesn't work?

She can always speak to a solicitor to see about custody of the kids, child support thereof, and possibly alimony, but short of that, there's nothing "legal" about this situation.


Title: I'm thinking of setting up a Shopify store to sell NFL merchandise, I need some advice on NFL copyright laws?

Question:
I'm an Irish student in Ireland wanting to create a Shopify store to sell NFL merch, the market I would be selling to is people in mainland US.

I take it it's illegal to distribute merchandise with NFL or team logos without prior consent but can anyone advise me on the likelihood of the NFL or their lawyers coming after me for doing it? Do they really crack down on this sort of stuff?

This isn't going to be some huge operation, it's just a few mugs and hats.

Does anyone know what Shopify's stance is on this? They won't let me use their service if the NFL won't be happy with me?

I just want to make a little bit of money and avoid getting into trouble.

Answer:
 >I take it it's illegal to distribute merchandise with NFL or team logos without prior consent but can anyone advise me on the likelihood of the NFL or their lawyers coming after me for doing it?

High.

>Do they really crack down on this sort of stuff?

All the time. They don't even have humans doing it. They have bots which trawl the internet for links and are reviewed by their team counsel.

>Does anyone know what Shopify's stance is on this?

You will be banned once they catch wind of what you're selling when you cannot provide your licensing agreements from the NFL.

>They won't let me use their service if the NFL won't be happy with me?

Yes.

 >I just want to make a little bit of money and avoid getting into trouble.

Pony up millions to license NFL team copyrights or find another business avenue.


Title: I was given $330 in counterfeit money during a Craigslist transaction. What should my first steps be?

Question:
It looks like the scammer was using a text mail subscription and has already blocked my phone from calling. Also when googling the phone number the first 4 results are escort service listings.

We didn't realize until attempting to deposit the money this morning. I will file a police report today but is there anything else I can or should do?

Answer:
 Not legal advice, but check your home/tenant insurance - many policies cover small amounts of counterfeit currency (up to $500 or so) with no deductible for just this kind of event.Answer #2: >I will file a police report today but is there anything else I can or should do?

I assume that you don't know any way to actually identify the scammer.  You could file a civil lawsuit against them if you could identify them.  But serving them and collecting from them would likely be difficult.

It seems odd that someone would scam you by mailing you counterfeit money, when they could have just not mailed you anything.  Or did you receive the counterfeit money first, before you sent them something of value (and obviously before realizing that the money was counterfeit)?Answer #3: >I will file a police report today but is there anything else I can or should do?

If you can identify the person and their address, you can sue them.

Advice for the future: If you're selling something expensive on CL, require the buyer to meet you at a bank or ATM so you can watch them withdraw the cash.


Title: What happens if you accidentally bump into the presidential motorcade?

Question: Like say you accidentally rear ended the SUV at the back, are we talking jail time or just a higher than usual insurance premium or something?

Answer:
 It would be a fender bender like any other. A black suburban with federal plates and  a couple secret service guys inside doesn't get special consideration. In reality, you're never going to even get close to that last secret service detail car. Presidential motorcades have local law enforcement escorts. You're going to hit a city cop on a motorcycle first, and that's going to be treated like any other time you hit a city cop on a motorcycle.Answer #2: Lol. Yeah, that's never, never, never going to happen.

Presidential motorcades have miles of road completely cleared of traffic in front of and behind the actual presidential limos and SUVs. In front of and behind those are local police escorts. You would not come anywhere near a presidential motorcade on any sort of motorized vehicle.

If in some freak occurrence , you were able to get close enough to the presidential limo to hit it with your car/motorcycle, you would be tackled or crashed into, arrested by the Secret Service, and whisked away to a dark room somewhere and interrogated for a very, very long time. You'd be lucky not to be convicted of a crime. An increased insurance premium is the least of your worries.


Title: Hit a car at intersection that didn't stop because there wasnt a stop sign at their lane or in my lane. What can i do?

Question: More information....we just exchanged phone numbers and the accident was minor on both ends but the main thing is that their right side got a dent while my front bumper did. I called the cops and they said it's just up to your insurance now not us. What should I do? I'm freaking out here.

Answer: Report it to your insurance. Let them handle it. This is why you pay them.


Title: Handicapped Parking, Moved States

Question: I have recently moved from Idaho to Utah. I have had handicapped parking privileges for 10+ years after my spine was fused. In Idaho I was issued two hanging placards that are classified as "Permanent" and do not require review at any time due to the severity of my condition. In Utah hanging placards that are "Permanent" are only so for only a few years at a time before they require review. I prefer the placards as I am issued two and can keep one in each of our vehicles vs having a handicapped plate on my car only. I need to move my license over to Utah this week so my question is: is there any legal reason I must turn over my Idaho placards for Utah ones? Or is a legal placard a legal placard regardless of the state it was issued in or state it is being used in? Thanks very much to anyone who may be able to advise!

Answer:
 You will have to abide by the new states laws. States do not have to recognize another states placard.

[Link](http://www.dmv.org/articles/drivers-with-disabilities-traveling-out-of-state/)


Title: Loved one falsely accused. Looking for advice/anything.

Question:
Hi everyone,
Sorry, this is a bit long but I thought any pertinent information would help.

My boyfriend and I have been going out since February of last year. He is the type of guy that wants to help everyone so he had been staying in touch with his ex for a while while she was having problems (family member dying). Around the tail end of November last year, shit hit the fan.

She was living in San Francisco at the time and came down to where we live (Orange county, CA) to visit said family member. As an act of kindness, my boyfriend let her stay at his place. At some point, however, he broke the news to her that he doesn't want to stay in contact with her anymore. She went ballistic and started hitting herself and then went after one of his cats. He called 911 and the police arrived. They took pictures of her face, which had marks on it, and of his hands, which had a scratch on them in between knuckles because of the scuffle involving the cat. He told them to check her BAC (she had been drinking) and they didn't. They arrested him because she decided to say that she is his girlfriend and he beat her up. He spent 3 days in jail over Thanksgiving weekend before his family was finally able to bail him out. Then the process started. He's been called back to court periodically, showed up every time. I kept telling him to get a lawyer but he's really tight on money and apparently the people over at court have been telling him that things don't look so bad. He got a plea bargain for 180 days in jail and the offense lowered to a misdemeanor.

The trial is next week and everyone suddenly changed their tune, and only now he's scrambling to get a lawyer. His public defender is telling him that things look very bad because of those pictures. Here is the evidence that might be used:
The photos, of her bruised face and of his hands. I saw his hands not long after the incident and there was one clean scratch on one hand. The 911 call. I had been under the impression that the person to call 911 would be considered the victim. Crazy right? But apparently he decided to call the cops on himself, according to the people at court. She can be heard screaming in the background that he hit her, which I would think is not evidence at all but another accusation. But his public defender says that's a bad sign.

Here is the thing: he's never stepped a toe out of line in his life. He's never been to jail or even arrested. Anyone who knows him will earnestly say that he's one of the kindest guys they've ever met. He's never been violent. We've been together for over a year and it has never even entered my mind. He has a good job, his own place, everything.

She is a pathological liar and is prone to this kind of outburst. If he can prove that somehow, I think it would help (correct me if I'm wrong). He can at least prove that she was lying about being his girlfriend at the time. While it might not affect the domestic violence charge (since it applies to exes as well), it would undermine her credibility.

She's not even testifying against him, as far as I know. She's living happily in San Francisco. One would think that based on such insubstantial evidence it would be unthinkable to sentence a man to prison for felony. But, it just so happens that he's a black man "accused" by a white woman. And now the "public defender" who doesn't give a single shit about him is telling him that there's a very good chance that he's going to prison for a long time and he told me he's thinking of killing himself.

Please help us with any advice, anything. Neither of us has really tangled with the legal system before. He really wants to be a dad.

TL;DR: Boyfriend has been falsely accused of domestic violence; public defender is saying there's a high chance of conviction. What avenues to explore.

Answer: Are you sure that you fully understand both sides of the story?


Title: Bought a broken car without knowing

Question: *Ohio* I bought a car off of someone who told me that the only issues with the car were a busted headlight and an unprogrammed key. After buying the car on the way home it got very hot and overheated. Seeing this I didnt want to make it a big deal because I was sure it was an easy fix. After replacing a couple things we realized that the head gasket is blown. This was caused from the seller not telling us the car had an overheating problem. Do I have any ground here?

Answer: Used cars are generally sold As Is. This is why you absolutely must have a mechanic check it before you buy it.


Title: [TN] Is it legal to create a porn blog for profit in my state?

Question:
Hello everyone,

I have always wanted to start a porno blog for profit. My idea is to review porngraghy and offer opinions on the business. I do not know if it is legal in my state. Porn laws vary from state to state. It is legal to buy adult content and sale it in my state. That is all the legal information that I found on my state's laws.

Answer: Almost no one pays for porn anymore given the number of tube sites, why would you think somebody would pay to hear you *talk* about porn?


Question:
This is a mess. I’m angry, depressed, and confused.

Long story short, my ex and I have shared custody. Our son just turned 17 a few weeks ago, so we still have a year until he is officially an adult.

My ex gets the kids every other weekend. Last weekend after they got back my daughter seemed upset and wanted to speak with me.

She told me that over the weekend she borrowed a thumb drive from Jake (my son, no real names are used) for homework. Long story short, he forgot there was porn on it.

Not even “normal” porn. He is into extremes. All legal, but misogyny and rape were major themes.

When my daughter found this she told her father because it scared and upset her.

Evidently he sat them both down and explained to HER that porn is just something boys watch and it’s normal. It doesn’t mean her brother wants to hurt anyone for real, and that she has to respect his privacy.

My son is slightly embarrassed, but overall he feels he has done nothing wrong.

After my daughter told me what’s going on I let him know that he can’t watch that stuff in this house. It’s disrespectful to women.

He told me that I can’t stop him and that if I try he’ll just watch it at his dad’s.

I’ve spoken to my ex and he sees no problem with our son watching rape porn. I’m livid.

My daughter and I aren’t talking to my son and husband. I don’t know what to do. I want to protect my daughter from being traumatized, but what can I do? She is asking me if all men/boys hate women and if they are all like this. I don’t even know what to say to her.

Could I seek full custody?

TL;DR: My [39 F] ex [42 M] allows our 17 year old son to watch sadistic porn. Our daughter [15 F] is traumatized and upset. I don’t know what to do.

Answer:
 You are free to file for a modified child custody arrangement if you feel that is in the best interests of your children.Answer #2: You can file for a modification of custody. That's pretty much all you can do here. It doesn't sound like the dad was actively letting him watch porn and he found out about it the same time you did.

If your daughter is traumatized then send her to see a therapist. What her dad told her about porn  (that it is not real, some people are into extreme role plays and it's relatively normal for adults to watch) doesn't seem like he handled the situation in any kind of terrible manner.


Title: Child custody question, new partner with criminal record

Question: I am located in one of the Southern states in the US. I have a custody agreement in place with my ex, never married, for our 2 children, and we have complete split custody and trade off our kids every other week. I am in a serious relationship with someone who has a criminal history, drug related, that occurred over 10 years ago. I'm not 100% clear on the details but he was able to avoid jail time by doing a first offenders program. Well the ex did a background check on him and basically his entire family and is threatening me nonstop about taking full custody of our kids. Is it possible for him to win? As an aside, My new guy went through his own custody battle and now has full custody of his own child, so I was wondering if this could be a positive in the eyes of the court? I am constantly living in fear because of these constant threats and the fear of losing my children, but I am torn because I love this man and we are hoping to marry next year. Any advice?

Answer:
 Just wondering if he  has a drug offense why aren’t you 100 percent clear on the details of his history.  I would have a frank talk with your partner and demand a full account of the situation.  Their may be a lot more he has not told you that could come back to bite you and not just concerning the situation with your kids dad.  Might be worth you spending a few dollars for your own criminal check. Answer #2: Southern state isn't enough. We need an actual state, since laws vary by state.

That said, a ten year old drug conviction isn't likely to lose you custody. Especially if you and your SO can test clean. I cannot emphasize that enough. Instead of losing custody, it would be more likely that a new order would be in place preventing you from taking the kids around SO.

Have the kids suffered in any way at all from contact with SO?


Title: 911 call for fire turned into weed charge - PA

Question:
My girlfriend went to my house yesterday while I was at work to cook me dinner.  She claims the oven had flames in it and she freaked out so she called 911.  2 police officers and a fireman showed up. When they went into the house the fire in the oven was out but I had my bong sitting on the kitchen counter.

The one cop caught the bong and started questioning my girlfriend.  She does not smoke, it's not her house, and it's not her bong or weed.  He threaten her a little with getting a search warrant and "tearing the place up" if she didn't give him my weed.  She gave him the weed (less than a 1/8) and a couple other pipes I had by my stash.

He asked her who's it was a few times and she didn't say.  Just kept telling him "I don't know what's going on, i just called for the fire"  When he left he told her he would be charging her with possession and that was that.

My question is what do you think happens next?  My girlfriend has never been in trouble and has a spotless record.  She never does anything wrong so I can't let her go down for this.  Do I call the police and tell them it was me?  Will that change anything?

As it stands right now, what would happen next?  She will get a summons for trial I'm guessing?  Isn't this very beatable considering it wasn't her house or weed?  Should I call a lawyer now or wait for papers?

Please help anyway you can.  I'm 28 years old and I have my life together and I really need to handle this.  I understand the weed aspect of it but it was in my home and there was an emergency so she never thought about it.

Thank you!

Answer:
 Yes, she can be charged with it.

Yes, you can tell the police/court that it is yours.

Yes, they can charge you with it if you do that.Answer #2: > She will get a summons for trial I'm guessing?

Very likely, yes.

> Isn't this very beatable considering it wasn't her house or weed?

Not particularly.  She was in either actual possession or constructive possession of the weed at the time.  That's generally enough for a possession charge.  Given that she was also completely aware of the weed, since she led them straight to your stash, a possession charge is easy to prove.

If she's charged, hire an attorney.  Depending on the charge, she may be eligible for some sort of deferred prosecution arrangement.Answer #3: >but it was in my home and there was an emergency so she never thought about it

Life lesson:  Educate people who have access to your home about not talking to the cops, and hiding things like bongs before letting them into your home.Answer #4: You have a very difficult decision to make. Do you let your gf take the fall or do you admit it was yours?


Title: Do I have any legal grounds to get my money back?

Question:
Hi all! I'm in Iowa, USA.

I leased a 2bd/1bth apartment through a property management company last year with a friend. For the 3 months of the summer, I sublet my room in the apartment to my 2 friends & the original roommate continued to pay his rent but was gone in June.

The apartment was pristine when I left it.

I just got our security deposit invoice back ($1050) and I OWE $40. The fees listed are "Carpet Cleaning - SMELLS LIKE WEED" and "Smoking Fee - SMELLS TOTALLY LIKE WEED" along with a "Holdover charge".

I don't smoke & never have, neither does original roommate. Two subletters are known potheads, and when I called the landlord I was informed that they had actually been caught smoking weed in the parking lot of the complex and fined for that previously!!

LL said the holdover fee was because on move out day they went to assess the apartment & my 2 subletters were still asleep and had a bunch of their stuff in the apartment still, so we were charged $250 for that.

Obviously I'm pissed, and wish I had had the forethought to set something up with my 2 friends who sublet from me regarding the security deposit. Unfortunately, I didn't.

Do I have any grounds to get my money back? I am willing to fight hard for $1090.

Thanks!

Answer:
 In most sublet situations, you remain liable to the LL along with the subletters (joint and several).  The only time you'd be completely off the hook for their actions is when your sublease was actually a novation (essentially replacing your name on the original lease with theirs).

Point being, the "fight" here is between you and your subletters, not the LL.


Title: My friend wants me to help her forge AA papers.

Question:
My friend of mine was ordered to attended a number of AA meetings before returning to court, and she hasn't. Now she's turning to me to help her forge signatures so not all the signatures are in "female writing". She said they don't keep records at AA, and I could just sign a random name because the courts don't check to verify each meeting.

So my questions are: would it be a big deal if I just signed a random illegible signature of a random name? Do they even fact check the AA meeting authenticity? How much trouble would she get in if caught, and more importantly could it come back to nip me in the butt?

Answer: Thats an official court thing, I wouldnt risk it, its not like faking a note from your parents for skipping school.


Title: Work deploying Facial Recognition other 4th Amendment Concerns [TN/USA]

Question:
[TN/USA]  I've obtained evidence that our employer is implementing Tensor Flow based facial recognition and tracking to monitor employees movements around campus.
Employees have not been made aware of this change to the system, and they have not consented to a change in their working conditions.

Can I do anything about this? Or is submitting to this technology now a condition of my employment? Am I protected somewhat if I whistleblow and inform my colleagues of the new camera system?

Answer:
 There is nothing illegal about using facial recognition to track employees. There is no requirement to make anyone aware that they are doing this. This does not violate your 4th amendment rights in any way.

You should find a new job if you are uncomfortable with their security. Answer #2: The 4th Amendment prevents the gov't from illegal searches. It doesn't restrain private parties.


Title: [IL] Custody / problem child

Question:
A little back story, my ex and I were divorced in 2008, two children together.  Fast forward to 2014, she wound up separated from her abusive husband, 100 miles away, two new children in tow.

I took her to court to modify/gain custody of my children because she continued to allow her husband to play a role in my children's lives (more to this not relevant but crazy).  After much back and forth, an order was entered with the court that her husband is not to be around my children.  Not perfect but fine.

In the course of that fiasco her lawyer threatened to not only move the case out of the county that it was settled in and we had been working out of town to the county where she was living and force me to pay her legal fees, as she had no job.  My lawyer was of little help at the time.  They insisted that because I had her tied up with our case she couldn't file for divorce from her husband who was abusive to, at a minimum, my daughter. Probably not to the point of illegality, but certainly beyond anything appropriate.

Now, she is by all accounts complying with keeping her husband away from my children.  She has not filed for divorce or legal separation from him and still has no job.  One of my children adjusted surprisingly well in spite of all of this over the years and the other one did not.  He is constantly in trouble at school and is well on his way to being held back in the 7th grade.

My personal opinion is that their mother is nuts, erroneously blames me, etc.... but I digress.

So, because we are no longer married, what is the actual likelihood that I would have to pay the legal fees of my ex were I to take her back to court to remove the maladjusted child from her care?

She is still  unemployed, has 4 kids (2 mine), and is not receiving support from her current husband despite being separated from him.  I am of course bankrolling their entire lives (all 5 of them).  Luckily for all of us, I can pull this off and be ok, but I cannot lock myself in a legal battle where I am funding both sides with someone who is cannot come to an agreement with on anything.

Any thoughts on this?  Sorry if spelling or formatting is jacked, on mobile.
Thanks for all of your help!

Answer:
 So, you filed for custody and lost, even though mom is married to someone you say abuses your child.

Is CPS involved?

Did the court give a reason for not granting you custody, when you say your children are failing to thrive and being abused?

Generally, post divorce, the other party only is ordered to pay legal fees if their ex spouse had to file because of proven bad actions on their part.

So, unless you file motions that the court deems a waste of time, it is unlikely you will be ordered to pay her legal fees for responding to your  motions.


Title: My father died last night. Who is next of kin? (MN)

Question: Short and simple, but I'm having trouble finding answers online. Is it me (oldest adult child) or my living grandfather. He never married.

Answer:
 You and all his biological and adopted children are equally his heirs, if he was unmarried.  That includes, hypothetically, children he didn't know he fathered.

Answer #2: Sorry for your loss.Answer #3: you.  parents take after children.


Title: Just got both 10 day and 3 day "pay or quit" notices. AFAIK, I don't owe rent, and office won't be open for four days. Advise? (WA)

Question:
So, I'm beyond confused.  Got a knock on door about an hour ago, and opened it to see two separate notices posted, one 3 day pay or quit, and one 10 day.  The amount is minimal, but should be $0.

My apartment is a "tax credit" unit, as both notices state.  It is *not* a HUD / Section 8 unit.  My rent is paid via a state(?) grant by a "private" (might be a state actor) agency.  All I have to do is get a doctor every six months to say "Yes, he still has autism.", and show I'm still applying for SSI / haven't been denied. The amount owed indicates I'm being charged for a HUD unit.

I've been on wait list for HUD unit since move in (twenty one months), but have been told they cannot convert my unit (or any other) from tax credit to HUD.  I have signed no new lease agreement.  I have not changed units.  Neither notice says "HUD" or "Section 8".  Ergo, this is not a HUD unit.

The problem is neither the office nor the agency that pays my rent will be open for four days.  The first due to the holiday, the latter is only open on Tuesdays and Thursdays.  In addition, rent must be paid via either bank check, or postal money order.  My account doesn't normally include paper checks, and post office also won't be open for four days.

I have time to deal with the ten day, but I'm having a panic attack over the three day.  It seems an impossibility to obey due to the holiday.  What can or should I do?  I know of course to contact legal aid, no tenent union in this county to contact.  But again, I can't do that for at least four days.

Am I screwed due to a (probable) clerical error and a federal holiday?

Answer:
 From [here](https://tenantsunion.org/en/rights/faq/eviction)

> If the last day from a termination notice (10-day, 3-day, etc) falls on a holiday or weekend, is it counted in the notice period?

>If the last day lands on a holiday then you do not count it and instead it falls on the next day. However, weekends are counted like any other day. Make sure it is a holiday recognized by the court (not “Boxing Day.”)

Contact legal aid when the holiday is over. Answer #2: Remember, those notices only mean that the landlord can start eviction proceedings. If you're still there after 3 or 10 days, the landlord can't kick you out. First they have to go to court and get a judge to agree and issue an eviction order. You get to be at that hearing and tell the judge your side of the story.

Plus, just because they post a 3 or 10 day notice doesn't mean they have to follow through.


Title: My mother passed away without a will and now my step father is claiming all of her properties. What can be done here?

Question:
I was the biological son. My mother had 1 house, $100k in bank accounts+several stocks. My step father is claiming that he deserves all of that because he was legal spouse of my mother. Is that true ? Don't I deserve anything out of that ?

Location: Chicago, IL.

Answer:
 > Sec. 2-1. Rules of descent and distribution. The intestate real and personal estate of a resident decedent and the intestate real estate in this State of a nonresident decedent, after all just claims against his estate are fully paid, descends and shall be distributed as follows:
    (a) If there is a surviving spouse and also a descendant of the decedent: 1/2 of the entire estate to the surviving spouse and 1/2 to the decedent's descendants per stirpes.

Joint bank accounts and jointly owned houses will just become the property of the husband.  Assets that she owned that were hers alone should be split between the husband and you.  You may find that many of her assets were joint and will go straight to the husband.

If you and the husband are acrimonious, you may wish to contact an estate lawyer to assist you.


Title: Gym not enforcing it's own rules. Kids unattended in pool and getting hit by lap swimmers. US-SD

Question:
The gym I'm at states it will always have 2 lap lanes open. The gym has rules about no kids under 14 in the pool during open swim without a parent and no kids in the lap lane period. There is no lifeguard. There is no staff in the pool area.  When I ask the staff to clear the kids (pre grade school, grade school ages), they ask the kids to leave the lap lane, and the staff leaves the pool area.

I've emailed the manager. I've gone to the front desk. I'm in a contract with the gym.

I have hit two kids in my lane when I was swimming backstroke because the kids keep coming back in the lap lanes. We had to kick 6 kids out of the lap lane just to swim. The kids are throwing plastic toys, nerf toys and kickboards. They have all hit adult lap swimmers.

How can I get the gym to keep the kids out of the lap lanes? I've mentioned running into a kid and the kid could drown. The manager stated they will bring it up at their daily meetings to go in the pool area more often. They said they will not have a full time person in the pool area and it's up to the parents to police themselves.

Are there state, local laws regarding  unattended kids in pools?
Are they in breach of contract for not enforcing their own rules? The contract states all members must abide by the rules.
Am I liable if I injure a kid when swimming?

Answer:
 You likely can ask the gym to either uphold the rules as specified in your contract, or to release you from the contract.

One anticipates they may suggest they will enforce the rules and continue doing a relatively poor job of it.  You can then decide whether you want to litigate the "breach" in contract, or merely wait until the end of the current term before finding your new gym.


Title: [US - Calif] Co-own a home with SO (not married) for 2 years. Now we are breaking up, and she only wants to give me my original down pymt instead of buying me out.

Question:
Coming up on 2 years of home ownership. SO owns 60% stake, I have 40%, due to her paying more than me for initial down payment. We had verbal discussion about the "what if?" possibility of separating in the future, and how I would "volunteer" to let go of my stake, and only walk away with my DP, but there is nothing on paper detailing any of this. As I understand it, I volunteered initially because I was convinced we would not split, and it was a moment of caution only. I have and am still paying for half of the mortgage and utilities, until I have to finally move out.

I am trying to avoid a legal battle, but I also don't want to abandon my entitlement, or at least a sizable share of it, since the property is gaining value since purchase. I have a tough time with being the Nice Guy too often, especially with people so close to me, but I realize that I am entitled to my 40%. However, I want her to know I am willing to lower my stake, to make this less of a pain, to something more reasonable for her to buy me out (she doesn't have the best of finances, either). I understand the principal, but for my own mental well-being, I don't want her in dire straits either. A legal battle would cause a financial bind to the both of us in the short term, and especially if it drags on. Help!
Topic:
Real Estate law

Answer:
 >I am trying to avoid a legal battle

That ship sailed when you bought a house with a non-spouse.

Either you can relent and accept less than you are technically owed, or you can pursue this with lawyers. Perhaps a arbitrator could help get things settled more cheaply?


Title: Getting threats from lawyer with same name over misdirected client emails

Question:
Backstory: In 2009, a lawyer left a private law firm, who began forwarding all of his business emails to my email address. I have a semi-common name on a free email platform as my email address, let's say "danjackson@gmail.com". He has nearly the same email address, but with a middle initial that was left out, "danbjackson@gmail.com". This is not an uncommon occurrence. I get emails intended for random Dan Jackson's all over the world. Most are easily resolved, redirected, or ignored.

After attempting numerous times to resolve this issue, I finally was able to get the law firm to correct the error. No harm no foul. Since then, I have continued to get regular emails from new clients (he uses his gmail for business), containing sensitive information about his clients (social security numbers, financial data, names, addresses, phone numbers, etc). I searched my emails, and on 6 occasions in the past, I have requested that he do something to fix this. I suggested not using a common gmail handle for work business, or, at worst, starting to use dan.b.jackson@gmail.com instead, so clients could clearly notice the "b". Admittedly, I've grown progressively more annoyed that he hasn't taken some simple steps to avoid this problem over the past 5 years, so I acted rudely.

Cue today...I'll just paste the email correspondence

On May 8, 2015 4:27 PM, "Me" <danjackson@gmail.com> wrote:
> You are a lawyer. Why are you using a Gmail account? A real, professional looking email address costs $5/year. Does the University of Phoenix law school not require people to use a computer? That's the only assumption I can make.

On May 8, 2015, at 4:37 PM, "Him" <danbjackson@gmail.com> wrote:
> What the fuck is your problem? Are you jealous? Is your life so pathetic you have to troll me because someone accidentally sends you an email for me? Do you think you are the only Dan Jackson in the world? Why don't you change your email to add your middle initial and you won't have to deal with such a terrible inconvenience. Ass hat.

On May 8, 2015 4:46 PM, "Me" <danjackson@gmail.com> wrote:
> Haha. Strip mall lawyer going off! I'm jealous of a lawyer that needs to use gmail because he can't afford $5/year to pay for a proper domain?

On Friday, May 8, 2015, "Him" <danbjackson@gmail.com> wrote:
> Right. Strip mall lawyer. You are so clever. You must be a fucking genius since you have apparently never mistakenly entered an incorrect email address, ever. A normal person would have forwarded the email or replied to the sender advising them of their mistake. A total loser lacking any class would start insulting people over the 5 second inconvenience they incurred. Get a life.

On May 8, 2015 5:46 PM, "Me" <danjackson@gmail.com> wrote:
> You are a lawyer. So let's deal with facts.
1. I've sent you emails 6 times over the years asking you to resolve this problem.
2. Your website says "Our Company has been verified as a [industry security standard] company. This means we have the highest security standards when working with you and make it a priority to keep your information safe." I have received countless emails with your clients personal information, including social security numbers, addresses, financial information, phone numbers, etc, etc. This could all be prevented if you would just pay $5/year to get a private domain email address. Instead, you choose to use a free email service with an easily mistyped email address, and you don't remedy the issue despite being warned politely about the problem 6 times. Luckily this "Ass hat" and "total loser lacking any class" hasn't screwed your company and your clients. You are welcome.
3. I do not work for you. I am not your personal assistant. If you wish for me to be your personal secretary, we can sign a contract. I charge $250/email.
4. But since you've requested so kindly, I will, for free, contact your clients and inform them that their personal information was sent to some "Ass hat" from the internet who has repeatedly warned the owner of the company of this problem, and said owner has chosen not to take steps to remedy the problem.

On May 8, 2015 5:56 PM, "Him" <danbjackson@gmail.com> wrote:
> I'd suggest you be careful there tiger. Maybe you can find some other strip mall lawyer to educate you about which crimes you'd be committing using personal information not intended for you for illicit activities, as well as what tortuous interference and slander means should you choose to contact any of my clients. If you want to fuck with me, just be sure you understand what will happen.

On May 8, 2015 5:57 PM, "Him" <danbjackson@gmail.com> wrote:
> And if you don't think I am capable of reaching out to an executive or your supervisor at [actual company I work for, which he clearly fished from searching for me on LinkedIn] to discuss how one of their managers is threatening an attorney with disclosing confidential information inadvertently sent to them and commiting various other felonies over a simple typo in an email address, guess again.

So, clearly, I have not broken any laws. I just hurt his feelings. But when he starts threatening to contact my company, and slander me, he crosses a line. I doubt he will do anything, but who knows. I guess I don't really need any legal advice. Or do I?

**EDIT**: A few more emails have transpired since i copied this over. I got sucked into replying more, but don't worry, I will not be replying to any more emails from him if he responds.

On May 8, 2015 6:33 PM, "Me" <danjackson@gmail.com> wrote:
> Who is making threats and talking slander? I've done not a single thing wrong, illegal, illicit, slanderous, etc. The worst thing I've done is being a little mean to you for not remedying a problem that has existed for years that I've politely informed you about over and over, and which could be cured by simply utilizing a private domain for your business emails.
> I'm happy to discuss this over the phone if you'd like.

On May 8, 2015, at 6:59 PM, "Him" <danbjackson@gmail.com> wrote:
> Listen, whether I use a different email address for work or not, which is not hard to do since I own several domains, I will still use this email for personal use, as I have for as long as I can remember. There is a dancjackson somewhere in the Midwest, and several others as well. Do you chastise and insult them as well? I understand that several years ago when I transitioned from a large law firm to private practice, the law firm used the wrong address in their automatic response and you had to deal with a temporary inconvenience. Maybe I should have sent you an edibles fruit basket or something. I probably would have if you didn't act like such a dick about it. That was what, 4 years ago? Really, how many emails have you gotten this year? Is it such a big deal to click forward or reply? If you just clicked forward, I would respond to whoever it was and tell them to correct my email address in their contacts. One fucking button.
>
> Only you know why you would react the way you do instead of just acting like a decent human being. If the roles were reversed, I would have sent you a friendly email with pleasantries and inviting you out for a beer if you were ever in town.

On May 8, 2015 7:17 PM, "Me" <danjackson@gmail.com> wrote:

> You have told me already that I can't reply to these people because you consider it slander. Half of these emails also say "do not distribute". How can I say for certain that all of these emails are meant for you? I'm not going to forward around someone's personal information on a guess that it was meant to be for you. What if it wasn't meant for you? Wouldn't I be then guilty of distributing confidential information? Maybe it's for Dan B Jackson, the attorney that lives in New Orleans. Or one of the countless other Dan Jackson's who I've received emails for, and then stopped getting emails for after I asked them to remedy it.

> So far, every suggestion you have made on how to solve this is counteracted by you threatening me if I take that suggestion (reply to them, but if you reply to them I'll sue you for slander; forward me the email, but if you forward the email to anyone, I'll sue you for illicit actions). There has only been 1 suggestion which is totally foolproof. Get a private domain email. You can keep using gmail if you like it. I love gmail, I don't blame you. Gmail can handle and support private domain emails. You don't have to have an @gmail.com address to use gmail.  I just checked, you can get www.danbjackson.com for $9.99/year. Hell, I ever offered the suggestion that you use dan.b.jackson@gmail.com (which will still get delivered to you, but allow people to clearly notice the "b").

> I'm more surprised that you don't take this issue more seriously, and take steps to resolve it, rather than making personal threats, spewing profanities, and getting offended that some random person called you a strip mall lawyer and said you went to the University of Phoenix.

> This is crazy.

On Fri, May 8, 2015 at 7:38 PM, "Him" <danbjackson@gmail.com> wrote:

> Yes. It is crazy that instead of having the decency to click reply or forward, you'd spend your time sending me half a dozen emails on how I should change my email address.

> If you are uncomfortable clicking forward on the rare occasion you inadvertently get an email intended for someone other than yourself, my suggestion is to click reply, type the words "not me", then send. I timed it. Should take you all of 4 or 5 seconds. Telling someone that they sent an email to the wrong address by accident is not a crime. It's called being courteous. Disparaging me to people with the intent to embarrass me or hurt my business is a different story.

> If you get SO MANY EMAILS intended for Dan Jackson, perhaps it would make sense for you to change your email and not have to be inconvenienced so often. I understand www.danjackson.com is available for only $9.99.

On Fri, May 8, 2015 at 7:53 PM, "Me" <danjackson@gmail.com> wrote:

> I'm not in a situation where my business clients are getting their private information sent to randoms, so I have no concerns about using this email. And again, I am not your secretary. Also, I have, as a courtesy, replied "not me" to countless misdirected emails (maybe some were intended for you, who knows).

> I'm glad you are giving me lessons on "courtesy" though, after calling me "ass hat", "loser", and countless other names coupled with the threats that you are shouting.

> Also, www.danjackson.com is already owned, presumably by one of the other countless Dan Jackson's in the world who could potentially be the intended recipient of any email that hits my inbox. Remember, you aren't the only "Dan Jackson" in this world.

> It's Friday night. Grab a beer, enjoy the weather, meet up with friends. And, maybe if you have time, stop giving people my email address.

> Now please end this harassment.

TLDR: two assholes with the same name meet, threats ensue

Answer:
 Report the behavior to your local bar assocation.

When clients send you emails, you can notify them that they were sent to the wrong place and that you have repeatedly notified the attorney of the problem and requested he change his email address. Assuming that is true, your risk of being successfully sued for libel and slander is low.

That being said, if you piss off a crazy attorney you are likely to be in for a world of trouble. I am related to one. He gets in lawsuits more often than he washes his vehicle. I am not exaggerating.Answer #2: You should send this email exchange to popehat.com. He loves this kind of stuff that pompous lawyers try to pull.Answer #3: I have a similar email address that is my first initial and last name, and have all sorts of email ghosts, including: a college student in Milwaukee, a elderly and frightening conservative man in Tampa, a former citadel graduate, and a nice middle aged lady who constantly sends me sexy pictures meant for herself by accident.

My rule: I automatically delete without opening any errant email I receive, with two exceptions: state business and love letters. I've only taken the time to track down and personally contact one guy, a Utah small business owner because I was getting confirmation of his tax and DMV filings and his gas bills. Love letters (I've gotten three!) get a polite "you've got the wrong email address" because I hate the though of them waiting forever with no reply.

Non-legal advice? Just ignore any further emails and block this guy. He's only digging his own hole if his clients can't contact him.


Title: My neighbor's kids tried to steal my dog. [Australia]

Question: I'm 19, I just moved into a new house a week ago. Two days ago my neighbor's kids (12, 14) tried to "kidnap" my dog as a "joke", and he bit the 12-year-old's hand. Their father is threatening to sue, he seems to not realise that his kids tried to steal my dog. I'm really jaded currently, what are my options?

Answer:
 So, your dingo tried to eat their baby?Answer #2: Do you have proof that the kids tried to steal your dog? Did you report the attempted theft to the police? Where was the dog and the kids when the bite occurred? Answer #3: First of all, take your security camera footage down to your local cop shop and file a police report. This should at least cover you in the event that the asshole decides to try and sue.

If he does try to sue you, his chances of winning are slim. The kids effectively broke into your property to commit theft. Australian law permits prosecution of children over ten where it can be proved that they knew what they were doing was wrong. The fact that they were trying to do it in secret can be used to show that they did know what they were doing was wrong.

Get the police report though, this will be the biggest factor in covering your ass.

Disclaimer: I am not a lawyer, I only have a Diploma of Justice.


Title: [Quebec, Canada] Is there anything that can legally be done to get better lifestyles for two working dogs?

Question:
Hi,

I work for a company that uses dogs as part of their service. The dogs are kept in cages in the office garage about 70% of the week, and 47 of 48 hours on most weekends. While on the job, they spend the majority of their time in crates. As a result, they are bored and stressed. The physical living conditions don't seem to be in violation of any laws that I'm aware of, although there are times where the dogs are left to urinate in their cages because no one is there to walk them. This happens a few times every month. I was able to find [this](http://www.mapaq.gouv.qc.ca/fr/Publications/Guide_reglement_chats_chiens.pdf). Running it through a translator, I found some potentially relevant parts:

>The owner or custodian should also provide to the animal an environment conducive to the expression of
its natural behaviors. These correspond to the ways of being, acting and reacting that allow it
to manifest his needs, dispositions, innate instincts and affections. Natural behavior
can be expressed in many ways. For the dog, it can be run, to feel, to eat away from
play, explore or relax. For the cat, it may be to hide, to scratch, play, climb, run, hunt, explore and relax. Some activities and help to create objectsr a stimulating environment , by allowing animals
to perceive sounds, images , smells, tastes and sensations that reduce the risk of
develop inappropriate behavior. These objects and activities should be changed regularly
to maintain the novelty and interest of the animals. There should be more toys than animals
a park. To support the interests of the animals , it is advisable to store toys games after the period and
exercise and highlights the next day.
Here are some ways that can be used for expression of natural behaviors .Provide her toys (ropes, plastic balls ) and leather chews .
Allow it to work out .
Interact with it.
Put together several dogs in a park with toys.
Use an interactive food dish .
Provide flowerbeds where it can dig free.

Off hand, they interact with the dogs mostly in a professional manner, i.e. they give commands while on the job. I have never seen them play with they dogs in any capacity (throwing a ball etc). As far as I know, beyond the thirty minutes a day of walking plus intermittent 5-10 minute walks throughout the day on the job, the dogs get no other stimulation besides searching on the job. The dogs are not socialized with other dogs per company rules (there's a worry about the dogs being injured in fights).

It's just a shitty life and I'm hoping that there's some law against keeping a dog mostly caged for a full decade. I'm going to talk to my boss, but I worry that without any legal obligation he'd prefer to keep status quo. With that in mind is there anything that can be done?

Thanks!

Answer: Quebec unfortunately is rather behind compared to the rest of Canada in animal protection laws. I'd suggest contacting your local SPCA - they'll have a good idea of what the law is and what, if anything, you can expect to be done.Answer #2: The local SPCA can probably be of assistance?


Title: Irritated landlord, what do I need to do anything to protect myself?

Question: [deleted]

Answer: Make sure you know the terms of the lease and stick to them. Don't give him an excuse to terminate the lease early and add more chaos to your plans.


Title: Called to serve Jury Duty in NYC (again) and would happily do my civic duty, but timing is difficult.

Question:
I live outside of NYC, but have been called to serve in the District Court in NYC. I am supposed to be there by 8:30am which would mean leaving my house around 6:30am.

The problem is my younger child's bus doesn't come until 7:30 and I have to walk the dog. I wouldn't be able to leave the house until 7:40 (if I was lucky). My husband has to be out of the house by 6:30 and has responsibilities to his students to be at school on time.

I'm not looking to duck my responsibilities, but how can I manage to do both?

The other strange part of this is, I did serve in my local community last year. and I had received a summons to serve in NYC back in July. I sent in my proof of service but had now received another one, six months later. The six-months-later part is scaring me. I am concerned that it was interpreted as a postponement, I thought I don't get called for another four years. Is that correct?

Any suggestions on how to handle this?

Answer: Find someone to put your child on the bus and walk the dog earlier. It's a pain but that excuse would be laughable to them.


Title: Selling a house 99% share to 1%

Question:
I had a great opportunity that has turned south from a major cash call and the decline of the Canadian economy but my father who has the 1% refuses to see that and it has driven me into debt so bad I now have to live with him. (He signed as the bank would not cover the entire mortgage just a bit short)

Can I sell this condo without him giving permission and pay him out? I can not do this any longer I'm 24 and I've ruined some of the best years of my life slavering for this fucking place. Ive been wanting to move for 4 years but have been stuck here as all of my friends moved away and I'm depressed and lonely as fuck here. I could cut and run with 80k, I just want to go live my life, how do I do this.

And yes I've got into screaming matches with my father about how it's ruining my life but he does not listen and berates me for even considering it.

Alberta Canada

Answer: Yes, you can. But you'll have to take him to court and obtain a partition order to do so.


Title: Is buying a GME Game Stop legal?

Question: Hello, I have a question, lets say, If a redditer buys a stock now, due to the news of the game stop/reddit scenario? is it legal to buy a game stop stock now? is it market manipulation, since a redditer knows the value might go up, due to people holding?

Answer:
 Yes, it's legal. Most people buying stock are doing so with the hope that the value might go up—that's really the point. Simply buying the stock in reaction to widely available (as in, every media outlet imaginable has covered it now) information is not illegal.

That said, GameStop—a company that mainly exists to sell physical products that can more easily be ordered online or purchased and downloaded by those who don't want to risk going into a retail store for absolutely no good reason during a deadly pandemic—is obviously not a $22B business, and while the value could go up, the risk you could lose substantially all of your money when it more-or-less inevitably goes down eventually is pretty decent if you buy in now, particularly if you don't know what you're doing and don't have an exit strategy in mind.


Title: Which countries won't deport you if you immigrate illegally?

Question: I tried researching the answer to this question online but I wasn't able to find anything. In the democratic primary debates almost all of the candidates said they want to change American immigration law to allow illegal immigrants to stay in the country and offer a pathway to citizenship if they haven't broken any other laws. Is there any other country in the world that has an immigration policy like this?

Answer:
 Candidates aren't generally proposing open borders; they are talking about what to do with the millions of people who have already been in the United States for significant periods of time, pay taxes, raise families in the US, etc...

There is precedent for that. The US, under President Reagan, [legalized the status of ~3 million people in 1986](https://en.wikipedia.org/wiki/Immigration_Reform_and_Control_Act_of_1986). A number of European countries have had regularization programs, [including](https://www.migrationpolicy.org/article/regularizing-immigrants-spain-new-approach) "Belgium, France, Italy, Spain, Greece, and Portugal." [This masters thesis](http://webcache.googleusercontent.com/search?q=cache:Pv1WnJLXka0J:digital.library.ryerson.ca/islandora/object/RULA%253A6139/datastream/OBJ/download/Regularization_of_the_undocumented_in_Canada___lessons_from_Europe_and_the_United_States.pdf+&cd=2&hl=en&ct=clnk&gl=us&client=firefox-b-1-d) describes some of the programs that have been used in Europe.

Search on "immigrant regularization" and you'll find plenty of research on this topic.


Title: (Boston, MA) Need legal advice - Dad killed in pedestrian accident.

Question: [deleted]

Answer: You summarized it correctly.  You need a lawyer, and sooner rather than later.  Because if his wife filed suit, you may need to be part of that rather than filing separately.  Generally all people with a claim must be in the same suit.


Title: [DC] Landlord made an offer to compensate us to vacate, but will nor return security deposit

Question:
Our DC landlord has entered into a partnership with a government program and is now offering each unit $10,000 and 2 months' forgiven rent if we vacate by December 1. Upon further questioning, we found out that the forgiven rent only begins as soon as we sign the agreement, which means about 1.5 months' forgiven rent at this point. Finally, the agreement states that we forfeit the right to our security deposit, as the offer is "more than fair."

Is this allowed? Do we have any right to get our security deposit back?

Answer: Whatever your disposition is, I'm sure it's miles lower than that 10k. Just take the deal, the deposit probably isn't worth it.


Title: Looking for information about marriage-like contracts, and opting out of marriage defaults.

Question:
This is less "advice" and more "point me in the right direction". I'm thinking of how a partner and I can emulate some of the legal benefits and opportunities of marriage without getting married, and/or what options we have to restrict or opt out of some of the default aspects of marriage if we do tie the knot.

Examples of the first category:

* We can both write wills leaving our belongings to each other.
* We can will guardianship of our children to each other.
* We can sign contracts that allow us to take loans or go into debt jointly.

Examples of the second category:

* Things we can put in a pre-nup, such as not splitting our assets during a divorce.
* Things we can decide during the marriage, again such as making a will (with both parties' consent in most states).

Are there good resources I can use to find out more about these sorts of situations and what options are available to us?

For the sake of discussion, we will be living in California or Massachusetts for the duration of the marriage or non-marriage.

Answer:
 If you want the benefits of marriage get married. Don't expect any court to enforce a contract you have that is clearly attempting to gain the benefits but avoid what you perceive to be disadvantages. Marriage like many things in life is about taking the good with the not-so-good. If you're not willing to do that then maybe it's not for you.Answer #2: >We can will guardianship of our children to each other.

No, you can't.  Children cannot be willed.  If they have another living legal parent, they automatically get custody if you die.  Otherwise, you can have guardianship documents drawn up.

>Are there good resources I can use to find out more about these sorts of situations and what options are available to us?

The best resource is a local estate planning lawyer who can listen to your particular goals and recommend a course of action.


Title: Employer is constantly taking tips whenever there is a shortage of money at the end of the day.

Question:
Hello, I just started work at a small restaurant in California as a server, and for some reason, there is almost always a shortage of money at the end of the day. To put it simply, if the total revenue on our computer is 1500, the amount of money (cash/card) at the end of the day would be less than that. It does not happen everyday, but whenever there is a shortage of money, he will always take it away from our tips to compensate for his loss. We include a 15% automatic gratuity for parties of 3 or more, which is known to all customers before eating. He says that since our gratuity is mostly automatic, he has the rights to take from our tips, whenever he wants. He also selects certain employees who have attended the cashier register that day, and if there is a shortage, only takes away tips from that single employee. We actually don't have a hired cashier who is always at the cashier, and we, as servers have to also attend the cashier, because our boss only comes, maybe 3 hours before closing to attend the cashier and count the money for that night.
Is this legal?

Answer: Yes, it is legal.  Automatic gratuities have been deemed by the IRS to be service charges, and are not subject to the protections accorded to actual tips, which are at the discretion of the customer.  Service charges are the property of the employer.Answer #2: sorry i have to say it after running a retail store for a few years- the drawer can and should be accurate at the end of every single day. it doesnt mean youre stealing, but you should take your time and make sure youre giving exact change, especially since you have a computer telling you what to do. source: conditioned by starbucks as a teenager


Title: Is my employer required to pay for time spent changing into my required uniform.

Question:
I am required to wear a uniform during work. I punch in 10 minutes early (which is allowed) to give myself time to change and report to my post on time. I than am required to sign a sheet of paper saying that my punch in time is wrong and I write in my official start time. Is this legal? Live in Michigan

Also, I can not take my uniform home so I don't have the option of changing at home.

TLDR: my employer won't pay for the time spent changing into required uniform.

Answer:
 I believe this depends on the state.  Its called "donning and doffing" and is fairly well established.  I believe it depends on how much of a uniform you have to put on (I believe the original case had a lot of equipment to wear).   Check out this link [http://www.beasleyallen.com/news/donning-and-doffing/](http://www.beasleyallen.com/news/donning-and-doffing/)Answer #2: Are you getting paid for the punch in time or the write in time?

You could contact the DoL but honestly I'd start job hunting


Title: Trying to win appeal for unemployment benefits but a non-compete might have my hands tied [GA]

Question:
My unemployment benefits were denied because my former employer told the the claims officer that I was fired for misconduct. However, I  think my former employer made the the decision to terminate me and told a client of his plans the day before the alleged misconduct occurred!

Under GA unemployment appeal rules, it seems I have the right to ask this person to provide testimony, and if they refuse, ask the court for a subpoena. Unfortunately, I signed a covenant not to compete with my former employer where I cannot "actively solicit, contact, call upon, or accept employment with" a very large corporation where this person works as a high-level employee. The word "contact" in the non-compete troubles me. It seems no matter what I do to get this person's testimony, my actions could be labeled as contacting the client and might be against the non-compete. If I violate the terms of the non-compete it potentially opens me up to serious legal liability.

Is asking this person to provide testimony a violation of my non-compete? Is it a violation if I get the appeals board to issue a subpoena?

Answer:
 Wait... you can't even talk to the company's competitors? How in the world is that enforceable?

I'd appeal the ruling anyway. The question is whether you actually committed misconduct, not whether or not the employer is actually trying to spin it that way. If he lies in court and you have another witness highlighting that, he's gonna have a bad time.Answer #2: If you're contacting the client for a purpose *unrelated to competing with your former employer*, that seems fine. Terms of a contract need to be interpreted by looking at the context of what it's purpose is. Not contacting the client for any purpose whatsoever would be absurd. In any case, if your former employer tried suing you for breach, what are its damages? None that I can tell. Answer #3: This is probably employment lawyer territory.  You may have to go to court to get permission to ignore the non-compete.


Title: Not qualified for the position

Question: My husband is 43 yo and was placed on administrative leave of absent with out pay for 30 days starting today. It states that he failed to provide an AA degree for his position. He’s been working for the hospital for a year. When he applied for the job online, all information was provided and uploaded. Director, manager and HR accepted his application and interviewed him. He mentioned his 16 years of experience for the job he’s applying for and he doesn’t have AA degree. They told him as long as he knows the job and they will provide training as well. Gave him a job offer which he accepted. 90 days probation passed and gave him new schedule and he signed it. After a year of working, a new manager came in and asked him for his AA.  My husband gave the same credentials he gave initially and was told he doesn’t have AA. Manager told my husband he needs to submit his resignation after 30 days. No help from union bec no violation union contract and was advised to seek lawyer, was also told that employer will terminate me after 30 days.

Answer:
 Unless your husband has an employment contract, they can fire him for this, or any other non-discriminatory reason they choose.

&#x200B;

Do not let him resign, make them fire him so that he will be eligible for unemployment benefits while he looks for a new job.


Title: Best Criminal Defense Lawyer in NYC

Question:
I’m just wondering as to what makes a good lawyer, and how to find a really good one. Like Saul Goodman from Breaking Bad.

Asking for a friend...
Topic:
BestOf

Answer:
 Specific referrals are not allowed in this sub.  Your friend can find an attorney through:

https://www.nycbar.org/get-legal-help/

And just for the record:  The character Saul Goodman is not a good lawyer.  He is just another criminal.Answer #2: A good lawyer is known to the judges in their jurisdiction, in a good way.
A good lawyer will tell you the unvarnished truth of your case, good and bad.  Discussing it with you it should probably sound like them supporting the other side as they test and probe the facts.
A good lawyer doesn't lie about the bill, or about how much you should expect to pay.  They should be honest: it's trial, it is ruinously expensive. It's criminal so you'll pay me up front or I'm not doing it.  Etc.

Find someone who handles cases like yours a lot.


Title: how to discredit CFI Report in Family Court

Question: I represent myself and basically the report sates dad should get custody because she has missed part of school days. I would pick her up early to take her to therapy/or doctor appointments. Her father always refused to take her to therapy.

Answer: Your post is lacking a great deal of necessary information. My best advice is to tell you not to try to represent yourself in court. I really think you need a lawyer.


Title: New owner wants to run restaurant in accordance with Ukrainian law

Question:
I'm a morning shift chef working at an Eastern European restaurant in NYC. I usually come in before 6 to do prep for our breakfast service, however today I was met with a bloke claiming to be the new owner of the place. He said that we're going to be closed for at least a week while updates and renovations are performed, that's fair enough. The dodgy part is the new owner wanting all the staff to sign new contracts or be fired by the end of the week.

They didn't want to give me a copy of the new contract to take home before I sign it, but when I read it a few things immediatelly stood out, aside from grammar being slightly questionable at times:

1. It's explicitly mentioned that the restaurant is now owned by a company that's incorporated in Ukraine and therefore will be ran in accordance with Ukrainian law, and that supposedly also includes all labour disputes. Now, I know very little about law, but that doesn't sound at all legal to me. Correct me if I'm wrong, but if the business is located in New York common sense dictates that it should be ran in accordance with federal and NY State law.

2. The basic monthly salary offered to me in the contract is 2000 Ukrainian Hryvnia. Obviously I checked how much that was in USD on the spot, and it's roughly $75. The new owner assured me that I'll be able to make as much as I did previously or possibly more thanks to a system of bonuses, but none of that is explicitly mentioned in the contract. In any case, I imagine a deal like that breaks all kinds of minimum wage laws.

3. The contract allows the owner to let me go with a week's notice, while my quitting would require a 3 months' notice AND I forfeit all my earnings for the last month. I pointed out that the last part is obviously completely illegal and he can't expect anybody to work for free. After that the guy claimed he'd get rid of that last bit in a revised contract he wants me to sign.

I've been given until friday to come in and sign a new contract if I want to carry on working there. Now, I'm not an idiot and I realise that my time there is over, but I still prefer to consult someone who knows more about law than I do. What do you think should be my next move here?

Also, I suspect the new owner is either: planning to ruin the business for some reason, a scam artist (and not a very good one), or a moron if he legitimately expects an experienced chef to work for 75 dollars and a pinkie swear promise of being paid more than that in bonuses.
Topic:
Employment Law

Answer:
 This guy is a moron. This contract would be illegal in Ukraine, vastly illegal.

Apart from pay, in fact, Ukrainian labor laws are much better for workers than New York labor laws. That UAH2,000 base salary is also below the Ukrainian monthly minimum wage of UAH3,200.

As a fun little exercise, though, you might want to ask him if he actually wants to govern the business according to Ukrainian labor law.

As a 'Ukrainian' worker, you would suddenly have:

*No more at-will employment. You can quit when you want, but your boss cannot fire you. It is very difficult to fire you even if your role became redundant.
*24 days of paid vacation every year
*40 hour maximum work week
*Guaranteed hours every week
*Overtime paid at double hourly rate, capped at a maximum of 120 hours every year
*Overtime payment if you undertake work which isn't expressly detailed in your employment contract
*14 weeks of paid paternity leave, and unlimited unpaid paternity leave while any child is under 3

These are not rights many workers in New York, other than those working for the government, have!Answer #2: At this point you probably need to contact the police.
My thoughts are that the original owners (who you havent been able to contact) might have been either muscled out, or worse by a scam artist or organized crime.

A detective can also build a case against an illegal operation (pay and contract terms).


Title: Neighbors have a loud ultrasonic noise making device..

Question:
I asked if they could turn it off and the neighbor threatened to get more of them. (They’re very agoraphobic and spiteful people) If it were up to me and the law didn’t protect assholes I’d beat the shit out of them.

What can I do without screwing myself?

Answer: Call in a noise complaint.


Title: How is it legal to do unboxing and review videos on products that you don’t own the copyright or trademark of that product?

Question: In the United States

Answer:
 It’s classed as journalism and therefore protected. You are not promoting a product, you are giving an opinion.

NAL and not in the US so I’m sure you will get more accurate advice, but that’s the eli5 overview.


Title: Artist studio conditions did not match contract. There is active construction as we're using it, stalling our production , possible damage to our materials. (New Jersey)

Question:
Hey /r/LegalAvice,

My team just moved into a large creative studio space in a very large former industrial building in New Jersey, and we've been constantly disappointed and stalled with the unit's set-backs and frustrated by unfulfilled promises.

The first let-down was having a verbal agreement for furniture revoked at the last minute. We sold our old furniture based on a handshake that our new space would be furnished for us. I have some emails where they have agreed that this would be the case, and then soon as we were ready to move that promise was taken back. We had to then buy new furniture, which was much more than what we made from liquidating our old stuff.

Secondly, and more substantially, because of the work do we require certain environmental conditions in our space. Our materials are sensitive to climate. I was wise enough to have had our contract modified to include a term for this. It specifies that the organization will do everything it can to provide us with a particular temperature and relative humidity. So far, since August, they have yet to meet this target. They have been busy with construction, installing new HVAC, duct work, drilling and sawing. We have to be present when they do the work, and need to cover our equipment to protect it from dust and debris...so essentially we aren't able to do our work when they are here. This should have been done before our arrival. We're losing time, our productivity is stalled, and there has certainly been some damage to our materials, though minimal and likely impossible to prove.

Today, we had to leave our unit because of a noxious septic smell. They put our HVAC intake next to the exhaust of their sanitation unit. We'll probably lose a full day's work, and I want them to reimburse the organisation that employs me for my day's wage.

I want to propose to the director of the space that we be FULLY reimbursed for the rent we've paid since we moved in (August), and to reimburse my time for today, and perhaps another full day's wage to account for all the hours of construction over the months that have limited our productivity. I've already alluded to the reimbursement to his colleague, who said he probably wouldn't agree to the full amount. I will not take anything less.

I don't wish to take this to court, but I want to be aware of our legal rights. I want to ask for what's fair, and be clear on what I COULD get in court if it came to that.

I have pictures, emails, sound recordings of construction. How else can I prepare?

I'm obviously a little lost on what to do. Never been in this situation before but I know we've been wronged and I'm curious what those knowledgeable about Justice think.

Many thanks.

Answer:
 Not a lawyer. Commercial real estate is very complex. You need an attorney -- this isn't something random guys on the internet can help you with since commercial leases are far more complex and variable than residential ones.

EDIT: Did you have an attorney review the lease before signing? I sure hope so! If so, (s)he is the one to go to, no?


Title: How to offer a company..?

Question:
Hello guys,
I am new to this sub forum and i would like you to help me to sort something.

So the issue is that i am knowing so much method about stealing from other companies by one or other way (like Amazon, Tesco, EA, etc.). So when i try offering them a deal where both sides are profitable they are refusing and just go away or telling me to send a letter to their Head Office?

Europe, Bulgaria, Sofia

Answer:
 Huh?

I am going to guess that you have found exploits in some systems and want to profit off that. You will likely need to talk to an attorney and have them work intermediary for you.


Title: I have a question about what a lawyer told be about the public defenders office.

Question: [deleted]

Answer: Sometimes PDs aren't free, it depends on the specifics. He may not have been lying.


Title: 22 years old, relatively high income, single, no kids, never received money from the ol’ Uncle Sam, but I’ve never filed my taxes.

Question: How fucked am I? What do I do? Do you think I owe anything?

Answer:
 LPT: There are only two things you **must** do in life; die and pay taxes.

You need a tax lawyer yesterday to see how you can get yourself out of this nice hole you've dug yourself into.


Title: Doctor cut into my nipple for biopsy and it won't heal. Is the hospital or doc liable?

Question: I have had a lump on my nipple for years now and have had previous doctors that did a mammagram and ultrasound that ruled out that it was anything dangerous.  I'm currelntly pregnant so visited another breast specialist to talk about breast feeding.  This specialist decided to do a biopsy where they cut about a half inch deep and an inch across.  This was in February  and the spot will not close or heal.  I'm having my baby in August and it's looking like this will likely prevent me from breastfeeding.   I'm very upset and wish I'd refused the procedure as now I feel maimed! Is this negligence or malpractice? I'm in NC.

Answer:
 Have you addressed your concerns to that doctor?  A doctor?  Any doctor or health professional?  What was the response?

Answer #2: First, you have two breasts, I assume. You can breast feed from one breast and use suppliment.

Two, unless the doctor did something neglegent that is causing the wound not to heal then not likely. There are risks in all surgury. Healing problems is one. You can consult with a medmal attorney. Consults are generally free. But I am not seeing how your lack of healing was negligently caused by the dr


Title: [MA] I am a farm in a rural zone. Developer is trying to bypass zoning by creating an overlay district next to me to build a 30-unit 55+ cluster development. Taking some action, anything else I can I do?

Question:
Under current zoning they can build 13 homes.  They are going way beyond what is currently allowed out here and asking for multiple other variances.  They are planning to ask the city to create an overlay district in the middle of our rural area.  I have been talking to the city councilors who will be voting on this.  They are hungry for tax dollars is what I'm hearing and most are for the development.  I am very concerned about my farm and people moving in and complaining.  I am very concerned with our laws being meaningless and easily bypassed.

I have been gathering signatures for a petition against the development and zoning change.  Encouraging people to contact our city councilors.  I know I can hire a lawyer and appeal but that will be a big expense.  Some have suggested I contact local media.  I feel like the city does not care about me or my farm at all.  I'm feeling like I'm going to get screwed hard.

Thanks for any advice.

Answer:
 Broadly speaking you can fight this one of two ways: in the ballot box or in the courts. The former requires organizing, which it sounds like you're already working on. The latter would require a lawyer.

Are other people going to be negatively affected? You could look into pooling your resources for legal representation.Answer #2: Do they have right to farm laws in your area?


Title: (Iowa) getting a ticket while on a school permit

Question: I just got pulled over and fined a $127 ticket for being off route of my school permit. I was going to get gas because my car was under a half tank, which I though was under the guidelines because my instructor told me it was during drivers Ed. I then got pulled over for pulling out of my driveway to close to another car, the officer then explained how getting gas is considered off route. In the Iowa DOT guidelines it only says  "Stop for fuel on route or at the closest station off route." Did I break the law? And If I did should I argue this in court as a misunderstanding of the guidelines. Also the gas station is only about 3-4 blocks away from my house.

Answer:
 > "Stop for fuel on route or at the closest station off route."

Did you stop at a station on your route to school, or if there isn't one on your route, at the one nearest to your usual route?


Title: Summoned to court because family member defaulted on a car loan

Question:
I'm sorry if this doesn't belong here. I checked the wiki and the FAQ before posting.

I live in NH, and I've just been served papers to appear in court on a "motion for periodic payments."

It request only me to go to court, not the family member who I co-signed for.

I'm stressing out because it's for over 26,000 . On paper it looks like I make a lot of money but I have several thousand dollars of bills every month.

I'm also confused about why I am being sued and not the other party. The family member (I suspect is hiding stuff from me) is acting all surprised and says he doesn't know why he didn't get served as well..

I guess I know I'm legally responsible for his debt at this point which really really sucks because he absolutely took advantage of me . It's causing family drama and he's even gone so far as to not allow me to see my nephews any longer.

What should I expect? Will gain sympathy? Should I do research? I just want to know what to a expect.

Thank you.

Answer:
 Hello!  You're not likely to see what I would call "sympathy" but that doesn't mean this is bad.  This action is essentially to formally put the rest of the loan onto you.  This isn't a collection, but an acknowledgment that the party you cosigned for defaulted and they have no confidence they can collect on them.

The good news is that this proceeding will involve the judge looking at your ability to pay back this debt.  So, gather your financials and try to lay out income/expenses and what you can afford.  The creditor is going to be looking to maintain terms similar to the loan as closely as possible, but that's not up to them, it's up to the judge.

You will be able to sell the car after this to help pay down the debt.  Whatever you do, do NOT surrender the asset.  Credit bureaus view that as a next door neighbor to repossession.


Title: Call recorded without consent by University Public Safety Department

Question: I got a call from a university Public Safety officer asking me to talk about an "incident" from the other day. He alleges I got in a car and raced away before being towed off campus for not having a proper parking permit. He asked me if I saw a tow truck and decided to race away. I don't recall, I said. I dont recall driving to school that day, I dont recall seeing any tow trucks, I dont recall anything about anything, period. He said he would hand the "case" to the city police because, he alleges, someone has unpaid university parking tickets AND sped away in a car when said person saw a tow truck driving into the parking lot where a car that I have driven before was also parked.... HE ALLEGES. That vehicle has never been registered with the university and I dont know how he got my phone number. The individual in question had, according to him, 3 or 4 unpaid parking tickets and similarly drove off "quickly" when he or she saw a tow truck coming to pick up the vehicle in question. He will "continue" with his investigation, he claims. He, at the END OF THE CALL, stated he recorded the entire call. HE IS NOT A CITY POLICE OFFICER AND DID NOT GET MY CONSENT. According to the university, he is not a police officer. He is essentially an armed security guard with an agreement with city police to "investigate misdemeanors on campus". 1) should I be worried about his claims? 2) Do I have any legal recourse in his recording my phone call without consent? LOCATION = California.

Answer: What is there to be concerned about? You are completely innocent of any infractions. The good news is that justice will prevail in the end!


Title: (Florida) Can an employer randomly reclassify everyone as an independent contractors and halve their pay?

Question: My friend works at a local retailer. Starting Monday the owner is going to reclassify everyone(stockers,cashiers, baggers, supervisors) as independent contractors and halve their pay. Right now everyone is paid $8.00 a hour(supervisors get $9.50). That would put everyone below minimum wage is that legal? The owner threatened to block unemployment for anyone that quits.

Answer:
 No, that does not fly. Florida, however, does not have a state-level DoL. Your friend will have to use the federal Department of Labor.

In addition, your friend needs to find a new job. Sounds like the retailer is about to go out of business. If your friend quits, s/he is unlikely to get unemployment.

EDIT: Follow up question, OP. Minimum wage in Florida is $8.05. If your friend is making $8/hr, that is already sub-minimum wage. Contact the DoL immediately.


Title: (MN) Major food establishment food breaks

Question: [deleted]

Answer:
 > But i dont see anywhere stating WHEN the break must be

Minnesota law is silent on the issue, so it's up to the employer.


Title: I think my boss is trying to fire me after my car accident.

Question:
Sorry for the wall of text, but this is a complicated situation.

I've been working at a small family-owned business for 6 months. I do administrative work, everything from answering forms to creating spreadsheets about finances. I'm basically a "jack of all trades" and answer to everyone in the office. I'm the lowest ranking employee, and anyone can assign me work at any time.

Everything was going great, up until the middle of last month. I was in a bad car accident on the way to work. I totaled my car - It was a head-on collision on the highway. I've had mental health issues before this, and the accident really made things worse. I've been dealing with anxiety for years, and the accident brought me back ten steps with my progress. I'm having constant panic attacks again, I can barely drive without freaking out, and my boss is very unhappy with me.

Example: I've been late to work 3 times in the past week because I keep having panic attacks while driving to work. Today I had to pull off the highway and go into a McDonald's bathroom for ten minutes to calm down. I'm having a really hard time driving to work and really can't keep this up.

I've been visibly depressed since the accident. I'm currently on antidepressants, and I visited the doctor last week. I was diagnosed with depression and PTSD caused by the accident. I'm supposed to see a therapist once a week, and have an appointment coming right up.

As if all this isn't unfortunate enough.. It's really impacting my work. I can tell my boss is VERY dissatisfied with me since the accident. He told me he's "concerned I'm not staying on top of things" and criticized me for "not having initiative." He said it's important to be energetic and enthusiastic about work. In the mornings when we do the typical "hi, how are you" thing ... When I say good, he says "are you sure?"

I spoke with him last week about my mental health issues. I don't know why I did it, but something came over me and I felt it was important. We have no HR department because it's such a small company. I went into his office and said that I needed to attend therapy once a week because the accident had impacted me more than I expected. I guess I figured making him aware of these issues would make it harder for him to fire me.

He said this week we'll "have a meeting and come up with a plan" to discuss my progress with the company. I'm really not feeling well about work at all. I stress out about this constantly and dread work more than words can describe. I feel every day I'm on the verge of being fired. I wish I could take some time off, but I know the job won't be waiting for me if I do. My doctor said that if things don't improve I should take some time off.

This job is very high stress, and a lot is expected of me. The boss is throwing work at me constantly, and gets frustrated if it's not perfect. There are no rules about reasonable accommodations for a disabled person, since it's a small business.

Has anyone else been in a similar situation? Some people have told me he's probably trying to scare me into quitting so he doesn't have to pay unemployment. Do you think I should keep up with this job even though it's causing great distress? It's definitely aggravating my anxiety and making me feel awful every day.

I plan on calling the insurance company again today to see if the police report is ready yet. This was a mess of an accident - many cars were involved, so it's taking ages to determine who was at fault. I was at rest: completely stationary when it happened, and someone drove into me.

I don't think I'll be able to work for much longer. My performance sucks, I'm always late because of panic attacks, and I'm generally having a hard time functioning after the accident. I feel like I'm making a fool out of myself.

Tl;dr: Having mental issues after car accident, boss is suddenly really dissatisfied with my performance, wants to "have a talk" this week ... There's a lot of tension and I think he's trying to scare me into quitting.

Answer:
 >I don't think I'll be able to work for much longer. My performance sucks, I'm always late because of panic attacks, and I'm generally having a hard time functioning after the accident. I feel like I'm making a fool out of myself.

Your boss is under no obligation to employ a person who cant get to work on time.  If it takes you longer to drive to work because you are scared when on the road then you need to leave earlier.

He might very well be trying to scare you into quitting, however there is no guarantee you will get unemployment anyway since you can't get to work on time.

Answer #2: Even if it was a larger employer, allowing you to constantly be late to work on random days is not a reasonable accommodation.  If you have these attacks then you need to leave earlier to allow time for them. If you are fired, file for unemployment. Do not quit. You should look for a job that is less stressful and demanding.


Title: Someone is Posting My Child's Picture to Facebook Without My Permission; How to Remove? (PA)

Question:
Hello,

Someone who I know but have not authorized to do so is posting pictures of my child on Facebook without my consent, and refuses to remove the pictures. I have attempted to flag these images for review, abuse, inappropriate content, etc., but it doesn't seem as though Facebook's generic flags are enough to have the pictures in question removed.

I'm beyond frustrated and appalled, and I just want these photos of my child removed. Does anyone know the steps that I should take to contact Facebook to provide a more specific explanation of why the photos should be removed?

Is there a form to be filled out, a way to contact Facebook specifically, etc.?

Any help would be appreciated. Thank you.
Topic:
Other Civil Matters

Answer:
 Who took the photos and where were they taken?

Generally speaking, people can take photos of anything they want to in public and if they took the photos they own them and can post them.  They don't need your authorization.

EDIT:  I looked at you posting history.  So am I correct that:

1.  Your baby daddy is a peeping tom.
2.  You don't like that he has supervised visits with your child where he takes them to parks and amusement parks, because even though he didn't commit any crimes against children you think this is a "progression" of his criminality?
3.  Now he is posting photos he took of your kid on his facebook page.

Does that basically sum it up?  It makes it a lot easier for us to provide advice if you provide the details.Answer #2: Are they pictures you took or ones the person took? Were they taken in a public place (like at a park or school event or something)? Answer #3: Get off Facebook and think about your children's lives instead of perpetuating this petty oneupmanship with your ex partner. Pictures taken in public are just that, public. Have you considered a full face covering when taken them to the park? That might help put your mind at ease.