Title: I need help. I worked 32 hours and was paid $36.

Question:
Thanks in advance to anyone that can lend their informed opinions. To begin, I am in South Georgia, United States. I am a mechanic for a local trucking company. I manage the department, take calls, schedule customers, order parts, and do the work on customer's vehicles. I am also the only mechanic in the automotive department, so I just manage me, really. I was hired two years ago at $10/hr to sweep the floors and change oil. Through a series of promotions and added responsibilities I became manager after the last guy left. When that happened I was making $15/hr and had the whole thing riding on my shoulders since I was the only employee left. I'm not the quickest grease monkey in the world, and having to take calls and schedule and order parts REALLY slowed down completed projects. The boss was displeased with this and decided to move me to 'clock time.' So, basically commission, If im not turning labor hours, Im not getting paid. he told me what a great opportunity this was, since he was offering 60% of our $65 labor charge. so for every labor hour I complete, I make $39. Not bad for the area. Unfortunately, this is a small town, and we REALLY slow down during the end of year holidays. I'm still required to be there 40-50 hours per week unless I schedule myself some time off, whether I have work to do or not. He never paid overtime rates when I was hourly, and now that im on clock time he has become even more miserly. Two weeks ago, I had one tire job for the whole week. $36 was all I made that week. None of these agreements are in writing, but I'm pretty sure he is legally obligated to pay me minimum wage if comission doesnt exceed it based on the hours i was there, right? This week i turned 12.43 hours on paper and was present for 50 hours (stayed late to knock one out so it would be on my check). my check was $158.35. he claimed the two largest jobs I  on my ticket werent complete and he wasnt going to pay (jobs were done, customed hadnt paid yet.) I'm a 30 yeard old man sitting in my office fighting back tears. I dont know who to call, or what my rights are in the case of this comission arrangement. I want to walk right out the door, but work isnt easy to find around here, and i have a criminal record. I'm two weeks behind on rent and dont know how im going to pay. Any advice is greatly appreciated.

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TL;DR I'm getting fucked on pay, and i dont know what to do.

Answer:
 You need to call the department of labor for your state.  If you are required to be there, he has to pay you for the time there.
Many states have an on call rate as well.Answer #2: Take a look at this site https://dol.georgia.gov/obtain-information-about-employment-issue
File a wage complaint. Answer #3: I would file a complaint with your state DOL. I would also follow this by finding a new job and as soon as you find it tell your boss that you quit and walk out the door that way.  I would not even bother doing the two week notice. It would be quit and leave your boss hanging. He is screwing you chances are doing it illegally no point for you to try to save himAnswer #4: Is your boss also your HR department?Answer #5: You might want to consider contacting the IAM in your area. They are the union for truck mechanics and could possibly help you to fix this issue and give you guys a little more say in your workplace. They could also tell you what it would take to unionize your shop. Just another idea besides contacting the state labor department.

&#x200B;

[http://www.unionmechanic.org/about.html](http://www.unionmechanic.org/about.html)


Title: Brought my car to get my windshield replaced and my car broke down after they repaired it.

Question: Honestly don't know what to do. I went to Safelite to get my windshield replaced I was able to drive there with my car working perfectly fine and they were able to drive the car in but they weren't able to drive it out. They shifted it into neutral and pushed it out into the lot and I ended up having to have it towed. Bringing it to a mechanic, they said the axle on the left side front wheel is broken into two. Safelite is saying it is not their fault and they won't claim responsibility. What can I do? I live in NJ.

Answer: It's going to be nearly impossible to prove they broke your axel. Broken in two? It was likely being held on by a string when you drove it there.


Title: [PA] I can no longer afford my rent and my landlords have told me that I cannot legally break my lease

Question:
I'm in college and I don't really have family because they were abusive and I have distanced myself from them.

I transferred to my dream college a few months ago and I signed a lease with this apartment company which is off-campus.They have been nothing but sketchy. I paid them a huge deposit to move in and now they are claiming that they never received all of it. I have receipts of the money order. How does half of a money order go through?

In addition, on my bill there are hundreds of dollars in fees that they couldn't explain.Every other fee has a normal description but this one has a description of a random string of characters such as, "acmskfku". I asked one of the managers if he could explain it to me and he said that no one knew what it was for but I still had to pay it.

Also, my lease was for a specific room. When I arrived, I was told that the room was being leased already and that I would have to live in a different room. I have a bill of $100 for that under the description of "room transfer".

I tried to cancel the lease five days after I signed but I was told that I couldn't break the lease, not even under an Act of God and that I had to sublet. I have been trying to sublet this place since August but no one wants to move here because of the reputation of the managers.

I lost one of my jobs and I can no longer afford living here. I sat down with one of the managers and explained and he said that I would have to keep living here or sublet.

I don't know what to do. I really wish that I could pay them but I can't.

Answer:
 The practices you describe certainly sound questionable.  Much will depend on PA Landlord/Tenant laws and the wording of your lease. Here are some resources you can try for help:

[PA Attorney General](https://www.attorneygeneral.gov/Quick_Links/Pennsylvania_Attorney_General_Complaint_Forms/)

[PA LawHelp](http://www.palawhelp.org/issues/housing-and-shelter/tenants-rights) on tenant's rights.

[University of Pittsburgh](http://www.ocl.pitt.edu/tenants-rights) tenant's rights help.

Also, your city or town may have a tenant's union that can help you.  Google (city) tenants union and see what pops.

You might check with your university, and local law schools, to see if they have legal aid programs for students.


Title: Car was stolen from a mechanic's property. Can they be held liable? (British Columbia, Canada)

Question:
Hi r/LegalAdvice, my dad recently got a car tuned up at a local mechanic's, and they asked him to put the keys to the car through their mail slot when dropping it off. They mentioned the keys should be placed in a labeled envelope, but didn't explain why.
Because he didn't see the reason, and didn't have one, my dad put the keys through their mail slot without first putting it in an envelope. When he went to pick the car up the next day, the mechanic said the car had been stolen from the property because someone had stolen the keys through the mail slot.
They claim they can't be held liable, but earlier this week a car was stolen in a similar fashion from another place down the road from them. My dad filed a police report, and apparently they'll be installing a secure drop box soon. It seems insane to me that they haven't installed one up to this point and that they can't be held liable. I feel like they should've told my dad that not putting the keys in an envelope increased its chances of being stolen. I don't know, it just seems like so much negligence on their part.
Has this happened to anyone else before? Does anybody with legal experience have any advice? Much appreciated. (We live in British Columbia, Canada.)

Answer:
 Seems to me this is going to be a mixed liability. By handing your car to them to work on it, you make them responsible for the car and anything that happes to it while its in their shop. So they are responsible for any faults they comitted that allowed the car to be stolen. Which in this case, would be not having a secure box for the keys to be dropped in.

However your dad did ignore their instructions which if followed, would have at least decreased the risk of the car being stolen.

Their fault isnt really in not telling your dad why he had to stuck it into an envelope. Its in not taken enough precautions to make sure they would be able to safely keep your car on their property.

I'm unfamiliar with Canadian law, so I dont know how faults from the victim and a third party play together. They definitely can be held liable, but I dont know the influence from your fathers mistake on your claim. They might go free, or only have to pay a part since both them and your father committed a fault.

Someone familiar with Canadian law will have to answer that.


Title: Reported my first ever video to Facebook today, for violence! (FB v TV question)

Question:
My nephew commented on a video earlier and as I scrolled down facebook it automatically started playing, so out of morbid curiosity I watched it.
A minute later, disgusted with what I saw, I hit the report button for the first time ever, figuring that the video is crap that really should be taken down, and hey "graphic violence" was a fair description.

Within an hour I get a reply:
blah, blah, blah ... "Reports like yours are an important part of making Facebook a safe and welcoming environment. **We reviewed the video you reported for containing graphic violence and found it doesn't violate our Community Standards.**"

So, one person getting punched and kicked by a bunch of cowards doesn't violate your standards? Not even the final kid who LAYS HIM OUT with a punch from the side he didn't see coming??
Acceptable hey, nice work F***book, way to keep it classy! Cool then, I'm 39, I've seen some bad shit in my day, I'm moving on...

**My question:** How is it, that the Television (mass media) are put under such strict regulation from the government about so many things, like depicting violence on TV and showing Janet Jackson's boob, but facebook can just institute an auto play function that delivers much worse things to unsuspecting members of the general public?
Is it because I have to "accept" facebook's terms before using it, where as TV is free to air? Just wondering...
Thanks! (Pittsburgh, PA)
If you don't believe me and want to add to the 100k + views, then here, enjoy:
https://www.facebook.com/KurtissBerry/videos/1042327739146059/

Answer:
 Because when television (and radio, for that matter) started out, it was on federally regulated broadcast airwaves, which are a scarce resource, and Congress regulated it by enacting statutes.  Hence the FCC to create rules and enforce them.  TV regulation is limited to broadcast TV, and the regulation of violence, etc. isn't particularly strict -- not all that many fines are issued per year.  You remember the cases that do occur because they are reasonably rare.

Anyway no similar "decency" regulation exists for cable TV, or internet.  The only limits are obscenity laws, which, because of the first amendment, is not prosecuted all that often.


Title: Florida - Sisters husband(separated) tellin her she can't come home

Question:
The story:

My sister (25)and her husband(37) got married and then less than a month after she caught him cheating on her and they broke up but decided to stay in their apartment together until they can both afford to live apart and partially for the kids. They tried to get back together and then it didn't work out so they called it quits for good a couple of week ago. Well Monday night she had a date and he got jealous and was trying to sabotage her date and it all just led to a huge fight they both were threatening to call the police on each other and now because she threatened to call the police on him first he told her shes not allowed to stay at their apartment anymore and if she comes home he's calling the police on her to have her removed.

Can he do this ? His name is the only one on the lease but she pays half of the bills.
Sorry if I did anything wrong here never posted before
Topic:
Custody Divorce and Family

Answer: No, he can't.  You should also mention to her how colossally bad an idea it is for her to date while still they're living together--especially if they have kids.  Adultery is a misdemeanor in Florida.


Title: Ex roommate wrongly sued me and won (because I couldn't be there) while I was in the hospital. (College town, Texas)

Question: Roommate situation went sour and she evicted me because I was her sublessee. She proceeds to sue me for the June bills that I paid, but our other roommate didn't pay because he got fired (they're friends). She is saying that he paid, but I was the one who was delinquent on them which is a lie. She also sued me for the month of july's bills, and I stayed at a friends house the majority of the month before moving out. There were no written agreements for bills, and I was not on any kind of lease so I don't know why she was awarded *my* money. I don't have any proof that I paid her though, because I would just hand her the cash amount. Also, the judge said that he would wave the hearing because I was having surgery as long as I was out by the agreed date which he obviously didn't. The amount that the letter said that she was awarded was way higher than any bills we have had anyways. What can I do?

Answer: It sounds to me like the judge issued a default judgment, meaning that you didn't appear to defend yourself. If you were in New York, you can make a motion to vacate the default judgment by showing that there was a good reason for why you didn't show and that you have a "meritorious defense."  NY is pretty liberal in this regard, but I can't speak for the other states.


Title: What will CPS do about false child pornography claims?

Question:
 We are currently going through a very tough situation where a neighbor has called CPS and made a false claim. They have claimed that our 14 year old daughter sent nude photographs of herself on Snapchat, and that we are child sex traffickers. We are incredibly confused. Our daughter does not have Snapchat, and she has denied taking any photographs. We have all said that the claims are false, but we are wondering what CPS will do and how we can defend ourselves.
Topic:
Computer and Internet

Answer: Likely not much. Assuming everything you are saying is true, CPS will talk to you and the child, separately, and if there is no evidence or concern of abuse they will close their case. Explain that you have a crappy neighbor. It happens fairly often for CPS workers.Answer #2: You should probably call both a criminal and family lawyer ASAP


Title: Airbnb cancelled to raise prices

Question:
Hello! I had an Airbnb booked and after accepting all of the booking policies, the rental company went ahead and cancelled my reservation in order to raise the prices.

As stated in their booking policy, in the event of higher demand due to market conditions I would not have to pay a higher price. Do I have any legal basis into scaring them into honoring my reservation?

Their booking policy is attached.

https://imgur.com/a/WKLtf5i

Answer:
 Contact AirBNB. They generally frown on hosts cancelling a booking without cause, and may penalize them or ask them to reinstate your listing. If they've had problems before, AirBNB might suspend them outright.

An AirBNB complaint will be far faster and cheaper than any kind of legal action, and while it likely won't get you your room back, it might help hold them accountable for this.


Title: Can I be charged with cc fraud?

Question: So I was just informed by my employer today (restaurant) that I may be charged by association with credit card fraud because I was present with a coworker (at a liquor store) who used a stolen credit card. Apparently he stole a credit card recently from someone in the area and went on a bit of a spree. We ran to the liquor store right after my shift was over and that's where I'm on camera present with him. When confronted, he tried blaming the entire thing on me. Although security footage shows him pulling a card out of his own wallet, and paying for it. There are also charges from Walmart, where he admitted to being solo and to sprint, where his phone plan is. But yet somehow he's been trying to convince management that it's all on me. I've been warned that I'll be charged with this as well by my bosses, but they say they believe me to be innocent.....how could I possibly be charged with this?! There's literally video evidence of him paying for the transaction (the ONE transaction I was present for). And like a normal person, I presumed the card he took out of his own wallet was his....what do I do?

Answer:
 NAL.  Unless you work in law enforcement (if you did, you wouldn't be posting this), your boss/es saying you'll be *charged* means absolutely nothing short of your employment status being put in a precarious situation.  What did the law enforcement officials have to say about your involvement?Answer #2: As is always said on this sub, if the police come to speak to you, no matter how nice they are, or what they say, do not speak to them without a lawyer.

You say you didn’t know the card was stolen. That’s fair. I wouldn’t know if someone was using a stolen card, but given he’s alleging you did, you probably need a lawyer to handle this for you. That’s not fair, but I would rather pay for a lawyer in order to prevent criminal charges, than defend myself to the police alone, given there’s a risk you *could* be charged.

It really could be as simple as saying: “No, of course I didn’t know the card was stolen. I just went to the store with s colleague”, but it’s also a risk.


Title: If you drive while someone is intentionally standing directly in the path of your vehicle, and injure that person, can you be held civilly/criminally at fault? Is that reckless driving?

Question:
Canadian Pedophile exposer Justin Payne pretends to be an underage child on the internet and confronts men who would try to meet them in public, videotaping them and shaming them as he publishes the videos online. In some cases, Payne has stood in front of or behind an alleged predator's car, because he didn't want them to drive away because he wanted to talk to them about why they did what they did.

With where he stood, he essentially made it impossible for the predators to drive their cars without hitting him. He mentioned that they could get charged with reckless driving/reckless endangerment if they tried to drive away. Is that true?

If someone, *intentionally and knowingly*, stands in the path of your car because they do not want you to leave, and if you choose to drive anyway and end up injuring them, can you be held civilly/criminally at fault for reckless driving/endangerment? (Suppose, for the sake of argument, that you were driving the normal speed just for the sake of going about your day and that you did not intentionally drive fast just to injure them. You drove to drove; you didn't drive to injure.)

I think this is interesting because in this situation the person voluntarily chose to put themselves in harms way and are in a sense sort of "kidnapping" the person by making it difficult for them to leave. IIRC some states have laws that legalize driving past protesters if they are protesting illegally (as long as you do not intentionally drive into them just to harm them), so I was curious if this also counted.

Also, side note: in one video, Justin Payne actually decided to sit on the alleged predator's car as it drove away. Can he be sued for that? If he fell off the car because the driver was driving normally (and wasn't trying to shake him off) could the driver be charged? (He voluntarily chose to jump on the car).

Answer: Yes. It’s your responsibility to avoid stationary objects in the path of your vehicle.


Title: Need a case for the existence of global warming at school.

Question:
Okay so in my Earth Env class at school, we're doing a debate about global warming, and I'm on the "Stop GW" side. Need some convincing arguments

EDIT: It is done.

Answer:
 This is actually right up my alley, as I've worked for a few major environmental non-profits as a lobbyist. I've got piles of reports,  documentation, policy proposals,  and testimony from experts all over my hard drive.

I'm not sharing any of that with you, because you have to be seriously dense to think that this is the appropriate sub for your question.Answer #2: Not a legal question, and we don't do homework.


Title: My Landlord's typo will cost me a month of rent and utilities...how is this fair?

Question:
I moved in last spring to an apartment in Ohio, USA. However, when I called my leasing office in March to discuss move out instructions and where to send notice, they said my lease runs through May...as I had thought it was through April. However she checked me in "the system" and stated no...lease agreement goes through May.

Now this week I am going through my move in paperwork from last year and notice the date. My lease does state as I thought that the lease ends in April, not May as I was told repeatedly verbally and in writing. Now that I pointed out their mistake, they say because now I didn't submit the 30 day notice I am responsible for rent and utilities, as the lease automatically renews as a month to month upon it's end. It was my mistake not to check the lease agreement myself, but they gave me incorrect information regarding the agreement. I think I'm screwed, but am hoping for something. They are of course threatening eviction and I don't know how that works...if it's worth the money and just pay the worry away or fight for my rights.

My question is...is the leasing company at all responsible for the mistake they made in the information they gave me both verbally and in writing? I feel like I did no wrong and am being punished, yet their mistake causes no harm to them? And is having an eviction on your record that big of a deal if my future housing situation is not a worry anymore?

Answer:
 They are correct. You could have checked your lease right away and given proper notice. If you don't give notice, you're on the hook for the next month's rent.

Also, you typically still need to give proper notice, even if your lease is ending, so make sure you do that.


Title: California Drinking&Smoking law for minor

Question: Recently I've been told from multiple people around me that if a minor under 18 is accompanied by someone over 18 years old, the minor is able to consume alcohol. Sounds kind of odd though so I wanted to make sure. I surely am no drinker, and despite my hate for strong alcohol. I'd surely like to have some sip of wine with a nice meal and half a bottle of beer watching NFL. Also, I've been a vapor before I moved here to California. I vaped no nicotine just for the pleasure for I do not want nicotine addiction. With my parent's consent, will I be able to purchase and vape? I'd also like to smoke cigars once in a couple weeks. What does the law state about these cases? I just can't find a direct proper answer!

Answer:
 > I've been told from multiple people around me

Those people are dumb. The drinking age in the US is 21. CA has no exceptions for this.


Title: [USA - Indiana] If I file a report to the police about a sexual assault but choose not to prosecute, will the guy that assaulted be contacted about it?

Question:
I filed the report because I wanted to make sure that if he sexually assaulted another woman, he would be on record for having previous allegations. He did not rape me; he got drunk at a party and touched me whilst I was sleeping. Although I was very angry with him, I felt that prosecuting was unnecessary as I confronted him about it the next evening.

Although I am glad that I confronted him, and he apologised, he did say some things which put me on edge e.g. 'not ALL women would have reacted in the way you did' — so I felt it best to file a police report. That way, he knows that there will be serious legal repercussions for his actions in future. I hope that this will put an end to any creepy behaviour.

In the end, I texted him telling him that I had filed a report — just in case the police don't inform him. That's the only reason I wanted to know really. I want him to know that the police have him on file. I don't want this to happen to anyone else.

Answer:
 [Serious] Why would you file a report with the police if you choose not to prosecute?

The sole purpose of the police report is to investigate the crime with the purpose of prosecution... If you don't want that, then don't report it.Answer #2: You don't make the decision to prosecute, the prosecutor does.  Once you file the report, that decision is out of your hands.  The prosecutor will often take your wishes into account, but they're not required to.

Similiarly, we can't really guess as to whether they will or won't talk to the accused.  They certainly might, or they might not.  That's, again, out of your hands.


Title: Landlord might be selling our apt from under us

Question:
Quick question, my landlord is bringing an appraiser over to our apartment in Boston, MA. My girlfriend and I have just spent thousands on a realtor fee and moving expenses to move in here just a few short months ago. Might be jumping the gun here but I'm assuming if she does sell, wouldn't the new owners inherit our 15 month lease? I do not want to move again!

Thanks all, sorry if this is a dumb question.

EDIT: thanks all for the sanity check!

Answer: Yes, the new owners would inherit your lease intact.


Title: Can we use Facebook to look up an anonymous reporter making false allegations? (New York)

Question:
I work for an agency that takes care of people with developmental disabilities.  We received a visit to our office today from a gentleman who refused to give us any personal information (no name, no number), making an anonymous allegation of abuse against one of our staff.  He stated that this specific staff person is having seizures daily while driving and putting participants in danger, and we needed to fire her immediately.  He was very threatening and verbally aggressive, and I had to ask him to leave or I would call the police.
He gave us such little information, that we can't actually file a proper investigation.  It was also an allegation towards one of our most beloved staff.  She rarely takes sick days and works 40 hours a week - while we will be looking into this allegation, his claim that she's having multiple intensive seizures a day seems pretty unfounded.
I looked up the staff person on Facebook, and through public posts, found out the anonymous reporter's name as they were Facebook friends.  It appears that they dated and recently broke up, so we're thinking he's just trying to get her fired for revenge, which is something we do see at sometimes and usually follows the "erratic, angry report that seems completely exaggerated and the reporter refuses to write a statement or leave information" shtick.
My question is this - we now have his name from her Facebook.  As it stands now, we won't be doing anything with it.  If he comes back and continues to threaten us, or if he reports more false allegations, can we legally report him since we found his identity through public posts on her social media page?  Or will that come back to bite us?

Answer: There is nothing illegal in finding out who he is with publicly available information (Facebook, Google, etc.).


Title: Unable to report problems because of toxic HR department.

Question:
Quick BG: My SO works in the accounting department of a publicly traded, multinational firm in WA state. Recently, they've made an upgrade to a certain accounting software. The company's IT dept hired an outside consultant (with zero accounting experience) to do the lion's share of the work, which, was horribly botched. Now the company is essentially unable to pay its bills.

Vendors are starting to scream, executives are finally noticing. The damage is already into the millions of dollars. Axes are being sharpened, and they're starting the process of selecting heads.

The accounting team (F, 50s) repeated warned the IT transition team and their contractors (M, 20s) that the upgrade was inoperable, and refused to sign off. The IT guys bypassed these checks, and forced the upgrade anyway. There was a great deal of bullying and skullduggery involved. The very experienced accounting team (including the supervisors) frequently heard: "Stupid bitches can't even run a computer." Normal stuff, sadly.

My question is this: With the blame game in full swing, and given the above complaints, it would seem prudent from a legal standpoint to make sure objections/complaints have been voiced (and especially documented) to the HR department. However, this HR department has a years long history of retaliation. People who made complaints in the past like this were fired, with very few exceptions. They make no secret that their interest is to protect the company, not its employees.

So given the retaliatory nature of this company's HR department, how can she protect herself legally? Keeping it all within their department's loop seems to place the blame on the managers, who also tried to sound the warning. Any suggestions?

EDIT: I should have mentioned that, since this is a publicly traded corp, just about everything accounting falls under the SOX regulatory umbrella. So this is a legal issue one way or another. The IT people and the outside software engineers have never heard of Sarbanes-Oxley before, and have already racked up an impressive number of SOX violations. It's the accounting team, however, that are obligated to explain. Hence the original question.

Answer: I don't think you understand how these things work. Your SO is not entitled to fair treatment.


Title: Reddit, my boss is arguing with the schedule I was hired on. What should I do?

Question:
When I took this job, it was a Mon-Friday 7am-3pm position. I even strictly remember my boss joking about how "lucky I was" as no one else had that kind of job. I started taking a 6th day here and there to help out a coworker who was struggling with her kids at home. I replaced another women who, according to this co-worker, refused to go outside her Mon-Friday.

Fast forward to spring, and we come into staffing issues. My boss sat me down and asked for my opinion, and to help him out (and me, paycheck wise) I told him I'd work six days a week - for good. I was already working that anyways every other week, so it was no real change for me. I even remember him asking if I'd get burned out, if I'd be able to handle it, ECT ECT. Since then, I've done 6 days a week. I've also been readily available at every corner, regardless of time of day (it's a hotel)

Now, months and months later, my husband has been in a terrible motorcycle accident and requires care and trips to doctors appointments and physical therapy. I need to spend more time with him then at work. I assumed putting in all the extra time I did to help my boss out, he'd help me out. I asked to work 5 days with my 40 hours (as before I was working 6 with 44ish hours)

He LOST it. Went off about how impractical it was, how selfish I was, and that when I was hired I was 6 days from the very start. I know for a fact that's not true. I tried to argue, but he pulled up the last few schedules to "make his point."'....the last few schedules from the past month, failing to see a year ago I DID have 5 days a week, 38/40 hours. He even insisted the women before me only got their 40 when they did 6 days, which I also know is a lie. I couldn't make him see my side, he was stuck on what he believed.

This job has no real hr department as it's a family business. They also do not pay overtime, which I know is illegal. They will pay you what your hourly is after 40 but not time and a half. If I reported this, I'd be owed over $1,500 in OT. They also have no benefits so my time off is a loss to me. I'm also wondering how, if I leave, to report the unpaid OT.

I agreed to 5 days when I got hired, and that's what my job is. But because he'd have to do the job if I wasn't here, he doesn't want me to take off. I have no one to cover for me but him. I'm at a loss on what to do. I'm looking for other work but it's hard to come by.

Tl;Dr: I was hired 5 days a week but my boss is arguing it was 6, because I've been working 6 lately. I cannot get my 40 hours unless I work 6, and I need every penny of that 40 hours. I also don't get paid OT in the state of MD, and when I leave I want it reported so I can get paid what I'm owed.

Answer: Unless you have an employment contract specifying otherwise, your boss isn't obligated to accommodate your scheduling requests. You can either comply with the schedule or refuse and probably be fired. Or quit, but be aware that if you quit you most likely won't be eligible for unemployment benefits.


Title: Is there any legal obligation to buy this vehicle after verbal agreement?

Question: Car was posted on craigslist by owner. I offered $500 less than posted and she said she would get back to me. She texted back that she would accept my offer.  I called her and she said that she is still waiting for the title to come in from the bank.  It's been a week and the title is now en route via the USPS from Cali.    The thing is, I just found a better deal.  Is there a legal reason for me to buy car from her? I live in KS.

Answer: Legally, verbal agreements are just as enforceable as written. You offered, she accepted, that's a contract. In theory, she could take you to court. Will she actually do this? No. She'll probably be frustrated and will repost it on craigslist. Answer #2: You might just have a contract. Kansas uses the Uniform Commercial Code, where a contract for goods sold for more than $500 must be in writing. Emails and text messages are writings for this purpose.


Title: Any help for speeding ticket by motorcop?

Question:
Received a ticket from Motorcycle cop 3 months ago in California. He appeared behind me then passed me and positioned himself in front of my vehicle for a short distance. I didn't have to brake from his abrupt pass in front of me. It was a weekday at 1pm and there were cars on the right and left side of me (i was in the fast lane next to the HOV).
After a couple moments passed I just paid the officer no mind and paid attention to the road. Then he motioned to to the middle of the lane divide and passed back behind me. Then a couple seconds later he turned his lights on and pulled me over.
He told me I was speeding at about 80 in a 65. However I was driving behind the officer for a while and retained my speed. I believed I was going with the flow of traffic.
I can't understand some of the chicken scratch on the ticket but I'm hoping my last chance is to ask about the calibration records. The ticket states "paced 80+/65" next to the code 22349 (a) which apparently means a violation of going 15 over max speed limit.
I have a lawyer but she can't help me and has surgery on my court date.
Not looking for handouts or sympathy but I'm a 23 yr old broke, unemployed recent graduate and can't afford a 300 dollar ticket.... please help if you can. I've never gotten a speeding ticket before, only a fix-it ticket.

EDIT:
Thanks for the help, sorry again if my ignorance to the topic became annoying. I really appreciate everyones time and efforts to help me out.

UPDATE!!!
the officer didn't show up to court but i didn't realize and pleaded guilty for the ticket. I've decided to take traffic school and the judge was SUPER DUPER NICE and is allowing me to pay it over time. THANKS FOR THE HELP GUYS!!

Answer:
 > I believed I was going with the flow of traffic.

Not a defense for speeding, despite the urban myth that this is actually okay.

> I have a lawyer but she can't help me and has surgery on my court date.

Get a new lawyer. Is she at least trying to work out a deal to lower the speed and points assessed before your court date?

> can't afford a 300 dollar ticket

If you go to court (and your absentee lawyer hasn't worked anything out beforehand), then as long as you dress and speak respectfully, it is likely that the judge will lower the fine.

But as you did not include your location, despite the multiple prompts on this sub to do so, it's hard to give you anything but guesses. Some states are notoriously strict (like Virginia). Many jurisdictions (of which you did not share) have payment plans.


Title: Forced into a marriage [TX]

Question:
 Long story short me and my wife (unfortunately) got married a month ago. At the time she was 4 weeks pregnant and said that the only way she will get an abortion is if I marry her. So i called bullshit and we went to a ER and asked for a blood test. Test come back showing that she is indeed pregnant. So she held this over my head saying that’s the only way and we have to get married. In a way I felt forced into this marriage. Constant mocking me over text and in person saying how screwed I am if I don’t marry her. That same day we got married at the court house we had an appointment for an abortion pill. We went to the clinic for it everything went smooth there. She took the pill the same time I was signing papers. She had her period later that day I guess that was the abortion. Look really painful honestly.
Anyways now I’m stuck in the miserable marriage. I’m refusing to have sex with her since then but she doesn’t care as long as she is married to me. What can I do? File for divorce a month after a marriage?
Topic:
Custody Divorce and Family

Answer: Of course you should get a divorce. You certainly don't love this woman. You don't even sound like you have any respect or affection for her.  You weren't *forced* into anything, you just stupidly allowed yourself to get talked into it. Get a divorce, and grow up.Answer #2: What do you mean, what can you do?! You get divorced. For the love of your chosen diety, do not buy property, cars, etc with this woman in the meanwhile.


Title: Landlord keeps entering unit without notice, spending the night, etc

Question:
Location: Washington state

I am renting a bedroom in a three bedroom townhouse that was previously occupied by the townhouse owner. He moved out and now the townhouse is occupied by myself and two other adults, we each signed our own lease with the landlord.

The lease was official lease agreement printed from our city's housing authority, with all the usual lease wording. It does not specifically state rules around the landlord entering the unit, however our city tenant rights laws state that a landlord must provide 48 hours written notice to enter the unit.

However, once since i moved in the landlord texted our group chat informing us that he had business to take care of in the city so he would be spending the night in the living room. It was awkward being in the house that morning and seeing him sleeping on the couch. Twice he has texted us the day of or a day before that he was coming by to pick up some mail which was sent to the house.
Yesterday I heard voices in the kitchen and it was the landlord and his girlfriend in the kitchen getting a stack of their mail which had come to the house. They were there for maybe 30min but had not informed any of us he was coming by. Once I came home and found him sitting at the kitchen table working because he was killing time before meeting a friend in the city. This has all happened in the three months since I moved in.

I find it inappropriate and do not think it's legal. He would not be doing this if he was renting the house to a family I think, but somehow he thinks its okay because he's renting the rooms out separately. I assume, I doubt that he is totally unaware this is inappropriate.

Question: 1. Is what he is doing against the law? 2. Is there a difference, legally speaking, between renting the whole townhouse to one person/a family unit, vs. renting each room separately to non-related people? He is treating this like he still lives here and taking advantage by using it as his free hotel. 3. How to proceed? I was thinking of emailing him and requesting him to remember to give us notice before coming by, but I really just want him to stop coming by in general. I want to do this properly and leave a paper trail.

TL;DR: landlord comes by unannounced, spends night in living room, generally violates tenant privacy by entering unit without notice. How to make him stop/ what rights do we three tenants have?

Thank you!

Answer:
 > I am renting a bedroom

If you and the two other renters are all renting bedrooms and access to common space, then it is possible that the landlord does have the right to also use the common space. I agree that it is entirely inappropriate but it may not be illegal, depending on how the leases are structured.

> He would not be doing this if he was renting the house to a family

This is probably true because the lease would cover the entire house, not just the bedrooms.


Title: Hypothetical/Tennessee: Suspected DUI, blood draws, needle phobia, and battery?

Question:
I was reading an article earlier this morning on a 2012 Tennessee law (Tennessee Code § 55-10-406), which to my understanding allows no refusal blood draws at DUI checkpoints.

A question came to mind that intrigued me.

If a fully sober individual, we'll call him John, is stopped at a DUI checkpoint and for whatever reason is asked for a blood sample by law enforcement, and John agrees, however noting that he has an extreme phobia of needles. The officer then informs John that he cannot refuse the blood sample, and John cooperatively steps out of the car to attempt the blood draw. He goes into the blood test trailer where a nurse is administering the blood draws. When John sees the needle coming toward him, he panics, and the needle is pulled away for his safety. John then states "I can't do this, I can't" due to his phobia. The cop is called back in, and John continues refuse due to his phobia. Eventually, after many minutes have passed, he is held down, and as the needle comes toward him, John thrusts his leg out kicking the officer. He is then charged and arrested for assault under Tennessee Code § 39-13-101(b) and DUI (Tennessee Code § 55-10-401).

Would his phobia be a defense for the assault if the blood sample showed a legal blood alcohol content? Given phobias are a medical disorder caused by anxiety disorder, could it be argued that the assault was not intentional and that John was not consciously aware of his actions as a result of the anxiety, and as a result, had little to no control over his actions when forcefully exposed to that specific stressor?

Secondly, could the phobia be used as a defense for the refused blood draw which automatically results in a loss of driving privileges, again, especially taking into account that the blood sample showed a legal blood-alcohol content? Would John potentially be able to keep his license for unintentionally refusing due to his phobia?

What would be the odds of a judge dismissing this? And in the event of denied dismissal request, and denied plea bargains, what is the likelihood of a conviction succeeding in front of a Jury?

Answer:
 > Would his phobia be a defense for the assault

Probably not.  Phobias aren't a disability that require an accommodation at all. Even if they were, there are limits to what you can request.  You can't opt out of law enforcement due to a disability.  Even if you could, that STILL doesn't give you an excuse to commit the separate crime of assault.

>  could the phobia be used as a defense for the refused blood draw

Same answer.

> What would be the odds of a judge dismissing this?

Never say never, so.....0.00000000000001%

> what is the likelihood of a conviction succeeding in front of a Jury?

The inverse of the number above.  99.99999999999999%Answer #2: so, to prevent the loss of a license and a charge of assault, you are going to plead that you are unable to control your body, actions, or mental state due to the phobia? from a charge to instead being held until the phobia is gone.

not a smart move, and fyi I pass out at needles.


Title: Mysterious doorbell ring in the middle of the night (CA)

Question:
Last night, at around 2:30 am, someone rang the doorbell of my house. It woke up my wife, myself, and our daughter.  We were all pretty sleepy, and there was no one visible by the time we managed to check the front door.

While this is a relatively minor annoyance in the grand scheme of things, it has inspired me to come up with two questions:

* I want to get cameras around the porch area of my house.  Does anyone have a recommendation for which brand / setup to get?
* Assuming, hypothetically, that someone persistently woke us up in the middle of the night with the doorbell, and that we had that person on video, what could we do about it?

Thanks!  Location is California.

Answer:
 >Assuming, hypothetically, that someone persistently woke us up in the middle of the night with the doorbell, and that we had that person on video, what could we do about it?

Call the police, report the harassment, seek a restraining order.


Title: [Canada, AB] [Criminal] Help understanding laws and possible defenses or excuses

Question:
Hello everyone, Im fucked nice to meet you. Throwaway and information may or may not be fictional that is provided by me.

I have 16 charges and am wondering if there is any defences that could be used or useful for me to know about. Charges listed below.

x3 [Indictable] [Breaking and Entering](http://laws-lois.justice.gc.ca/eng/acts/C-46/page-77.html#h-99) 348(1)(B) /334CC

I was told there was no witnesses and this has happened +4 months ago. Stolen property from this residence was found in my possession of value exceeding $5000CAD (Cigar Collection)

x2 Possession [Don't understand this law please explain] [355 (B) CC](http://laws-lois.justice.gc.ca/eng/acts/C-46/page-78.html#h-100)

x1 CreditCard in my possession [342 (1) (C) CC](http://laws-lois.justice.gc.ca/eng/acts/C-46/page-75.html#docCont)

x7 ID documents in my possession [56.1 CC](http://laws-lois.justice.gc.ca/eng/acts/C-46/page-8.html#h-15)

x2 Punishment for theft? [334 (B) CC](http://laws-lois.justice.gc.ca/eng/acts/C-46/page-74.html#docCont)

Side Note: All crimes committed have happened 4-6 months ago. They claim to have DNA evidence. They have video footage of a accomplice but not me. On one of the properties there was marijuana. I haven't gotten a lawyer yet but am actively working on getting one. Any ideas or explanation of these charges would be very welcome thank you all. If more information is needed just ask and I will supply it if it isn't identifying to me or anyone else.

Answer:
 Well, since we don't know what's real and what's fictional, we can't really offer much advice.

You need a lawyer.


Title: [TX] Friends Mom took her Inheritance

Question:
Posting for a friend, her mom monitors her online activity, so she can’t do it herself.

Looking for advice for my friend. She’s currently 20 years old and is living at home with her Mom.

More than 15 years ago, her mom and Dad got a divorce and her mom remarried.  Their agreement was that she would keep the house.

7 years ago my friends Dad passed away and left her more than $150k so she could go to college and have a good life.

Last year my friends Mom told my friend that she had not been making the house payments for months and that they were going to lose the house. She begged my friend for the $150k to buy the house with the promise to repay her.

My friend really struggled with it because it was the house her father put a lot of work into, but she had trust issues with her mother.

She ended up paying for the house. She was supposed to be getting monthly payments, but after a recent talk with her stepdad, they found out that her mom was taking the money.

Her step dad gave her Mom 10k to put into my friends bank account and my friend never saw a cent.

Now her mom says she wants a divorce and wants to move to another city with her online boyfriend.

She’s planning on selling the house and using the money to move.

My friend is extremely distraught because she hasn’t been able to start university and has nothing because of her mother. She can’t afford a lawyer either.

The house deed is under her mom’s name and there was no contract between them for re-payment.

Is there anything my friend can do?

Answer: Your friend needs an IRL lawyer


Title: [UT] I was involved in a car accident with other party being an attorney. Now said attorney is threatening over the phone to sue me

Question:
The car accident happened last Friday around 545pm. I was going west and the truck was facing east making a left turn. The light had turned yellow just before I entered the intersection when the truck turned right in front of me and my front driver's side hit his front passenger side bumper and headlight (he wasn't that far into the intersection before I hit him meaning he turned at the last second). The cop gave us both contact forms with each others information and told me that the insurance adjusters are the ones to decide who is at fault. I did not receive a ticket.

We both called our insurance (Farmers) and submitted our claims and each got assigned an adjuster to do investigating then they were to meet after getting our statements and decide who was at fault.

Today I got a call from my adjuster and they said that they haven't come to a conclusion as to who is at fault yet because we have opposing statements and that they will need to wait for the police report to come through.

Right after I spoke to my adjuster, the opposing party called me and asked what I think happened. I told him the same thing I told my adjuster, that I was going through a yellow light when he pulled out right in front of me. He interrupted me and said that I was wrong, that he waited there until it was red to turn because he thought I was stopping and then saw me coming and that he was surprised I wasn't able to stop because I was going so slow but that I never looked at him once and said that I must have been on my phone. I did slam on my brakes before hitting him, he pulled out so close to me that I couldn't stop. I told him I was not on my phone, it wasn't even in my hand and he started raising his voice and yelling at me. He said that he is not going to pay for this, that I need to take fault and that he will sue me if I don't. That he will get the pictures from the traffic cameras that I ran the red light and my phone records to prove that I was on my phone and will take me to court. He said that he is an attorney. I said I was just going to let the adjusters handle it and he said that this is going to go way above the insurance. He repeated himself telling me that he won't take fault for this and I just said that I'm not going to talk anymore. He said ok, see you in court and then hung up.

 First of all, he shouldn't have made direct contact with me and should only have been working through the insurance company on things. Second of all he used verbal intimidation and threats to try and get me to do something that he wanted me to do. Him yelling at me and threatening to take me to court if I didn't change your story and take full responsibility is constituted as a threat. Third of all, he should know that he shouldn't use that form the officer gave us with our contact information on it to contact me.

Is there something I can/should do about him calling me to threaten me? I called my insurance agent to let them know but of course, that doesn't change much on there side besides make note of it to know what kind of person they are dealing with.

Answer: Do not contact him or interact with him. He is trying to make you say something which may not have happened and use it against you. The traffic cameras should support your statement if it is true  and he would be the one at fault. It is not illegal to pass a yellow light.


Title: Got a speeding ticket going 83 on a 55 in Illinois. Lawyer said I could get a deal for $400 fine, 12 month supervision, and traffic school

Question:
This is my first moving violation. I was driving down a rural road in Pontiac, Illinois. No other cars on the road, I forgot the speed limit would be 55 as I'm used to driving down IL-57 where the limit is 75. I was stupid and I screwed up. Since I was going over 25 over, I have to appear in court.

I was consulted by a lawyer who talked to the state's attorney down there. I got an offer where I can be granted supervision for a year and have 4 hours of traffic school, but I have to pay a hefty $400 fine. I feel there is no way I can battle this ticket in court, but I wanted to know if I would be able to get a better offer somehow or if is the only and best way to deal with this situation, other than having a trial and possibly getting jail time.

Also, are speeding tickets usually this costly once you get over the 25mph over range?

Topic:
Traffic and Parking

Answer:
 No one here is going to second guess your lawyer. If he says that's the best deal you're going to get, he's probably right.

Yes, 25 over is always expensive. It's a serious crime in some states.


Title: What do i need to know to fire an employee? (OK)

Question:
I run a small studio and I have a piano teacher that shows up every day high, not like, she's a stoner and she teaches piano, i mean, she literally tokes up in the parking lot and stumbles in to work to teach children.   If any of the parents have smoked pot before, they would know by looking at her.
She's also got a shitty attitude and comes in late.  All that aside, she is hourly and has no employment contract with us.  I want to let her go after her shift on Friday.  What do i need to know?  What legally should I tell her?

Answer:
 Unless she is under a contract that provides requirements for terminating her employment, you can fire her for any reason you want, as long as it is not for being a member of a protected class.  You could fire someone for not eating ham sandwiches, unless they don't eat ham sandwiches because they're Jewish or Muslim.

Federal protected classes: Race, Color, National origin, Religion, Sex, Disability, Age, Citizenship status, Genetic information

Oklahoma protected classes: Race, Color, National origin, Religion, Sex, Disability (physical or mental), Age, Genetic information, Military service, Being a smoker or nonsmoker, or using tobacco, off duty
Answer #2: "You're fired. Gather your personal property and leave. You will receive your final pay check on the next normal pay date"

I wouldn't even give her a reason. You don't have to provide one.  Call the police if she becomes disruptive. If she files for unemployment, you can attempt to challange it, but unless she failed a drug test, you have no proof.

You can, if you want, have her final pay check ready. That may make it go more smoothly.


Title: Is there any way to make it illegal to take stuff from a relative before their death?

Question: [deleted]

Answer:
 This should be simpler than a lot of the posts here make it seem:

Call adult protective services and let them know that your mother is bullying your grandmother into giving up $60k in money plus a lot of jewellery. They'll find it worth investigating, at the very least.Answer #2: Does it rise to the level of elder abuse?  Maybe.Answer #3: Even if your grandmother wasn't competent and there was a trustee overseeing her assets this likely wouldn't be an issue for the police but for a civil lawsuit to recover the assets.

If you are concerned that your grandmother is incapable of making her own financial decisions you can talk to an attorney about getting a guardian appointed to oversee her assets but it takes a lot to do that, we don't like taking control of people's money away from them in this country.Answer #4: As long as your grandmother is competent she is free to do whatever she wants with her assets


Title: Felony conviction, maritime implications and choices for a plea

Question:
My son, the redditor... got drunk and passed out at the bluegrass festival in San Francisco, California.

"You can't imagine how proud I am," his mother stated sarcastically.

The cops tried to rouse him and he went full bore fighting them off. He was not aware of what he was doing nor does he remember any of what happened. He ended up with a 7 felony charges for various levels of assault/battery against EMT workers and police officers and one threat charge to an executive officer. Several of the charges include "great bodily injury" in the language.  He has been cooling his heels for the last 6 weeks in the jail doing the preliminary stuff. He has bail of $100K. No one we know can afford to bail him out.

His preliminary hearing is on the 6th of next month, but in the meantime he has an offer on the table for pleading to one felony, release on time served, no probation.

The bigger problem is that he is a maritime worker, and we are not sure what the implications are with regards to his 3rd mate (officer) cert and his TWIC card. Let alone, would he have his passport revoked if he was a felon?

We just feel like before he takes a plea, there are things that we need to consider. Would there be a chance that these charges might be reduced or dropped in exchange for going to rehab? Is this going to tank his career certifications? There are body cam videos and discovery, none of which anyone has seen as of yet, his public defender included. I just thought that the cops are throwing a pile of charges to see what sticks to him and that jumping on a plea right away might not be such a hot idea.

Any advice would be greatly appreciated.

Answer:
 This is the first time I've ever seen the words 'maritime law' used appropriately in this sub.

Hell hath frozen over.Answer #2: why doesnt your son have a lawyer.


Title: Parent used my name for electricity bill. Now I owe money and it's in collections. My credit report/score has already been hit.

Question: Long story short, I never gave my parent permission to use my name, and I think the only way I can get them to remove it is if I file a police report against my parent. I kinda don't want it to come to that. I also fear that they have done other things with my identity as well, but so far, the only thing I noticed was the electricity bill.

Answer:
 >I kinda don't want it to come to that.

It's likely your best and only option.

> I also fear that they have done other things with my identity as well, but so far, the only thing I noticed was the electricity bill.

So you fear that they didn't only steal your identity for their electricity bill (Because they likely where already such deadbeats that they failed to pay their utility bills before they stole your identity) but you don't actually want to do the one thing that could really help you in this situation.

Sorry but it's though to help somebody who refuses to help him/herself especially in a situation where the criminal is a family member.Answer #2: You absolutely should file a police report for identity theft. Why should you protect them if they're willing to royally screw you over?Answer #3: You can either report the fraud or take responsibility for the debt.


Title: Landlord not renewing any leases. Hiking unit prices up by 40%.

Question:
A company bought my apartment complex a few months ago, and they just sent out an email that they won't renew any leases so they can renovate all the units, but tenant can apply to "transfer" to another unit once its renovation is complete. The units are going to be $500 -$700 more in rent. This is about a 40% increase.

Here are excerpts from the email:

>Over the next few months we plan to renovate the interior of all the  apartments as lease contracts come to expire. Renewing will not be an  option, however, transferring into a renovated unit is definitely an  option. <redacted> will follow up with each of you individually no later  tomorrow, with the transfers rates of floor plans just like the floor  plan you are currently residing in.

>
>We will do  our best to keep you informed as renovations progress and as we start to  have units available to transfer into.

I live in Austin, Texas. Can landlords backdoor raise our rent like this?

Answer:
 It’s not “backdoor”. Renovating and asking for higher future rent is 100% legal.

You’re not guaranteed a renewal.


Title: Friend filed change of address for her father's mail, he now wants to press charges against her for "fraud"

Question:
(Seattle)

My friend began receiving mail addressed to her father a few months ago, even though she has not seen him in over 10 years due to his divorce from her mother, and he has never lived in the house that she currently lives at and owns.

When she first began receiving the mail, she wrote recipient is not live at this address and returned it to the post office. The mail continued to arrive, so a few weeks ago she filed online, a change of address on his behalf. This worked, however he found out that she did that.

This morning she got a very angry text from him saying that she had violated sections two, 1001, 1702, and 1708 of Title 18 of the USC, and that he was contacting the fraud department of USPS and filing a complaint in order for her to be punished by fine or imprisonment.

Should she consult a lawyer, or is he just full of it?

I had looked up 1702 and 1708 and they mostly focused on obstruction of correspondence, and or theft of mail which she is not doing.

Update for future reference: Her father said USPS said it was a family matter and he could not pursue a legitimate claim. He did add that she should still expect a call from USPS to reprimand her (they never did, I'm assuming he said this out of spite). She's since blocked his number.

Answer:
 I mean, he can file anything he wants. Whether or not the USPS gives a shit about what he says is an entirely different matter.

It sounds more like he was using her address to dodge creditors and is pissed that they have the real one now.

Did she at any point say that she was her father on the online forms?


Title: Stop talking about me

Question: In a California divorce, can one add a simple restriction saying don't speak badly of me ever again?

Answer: how would this even be enforced?


Title: Neighbor has been telling other neighbors she's going to open my gate and let my dogs out

Question:
I'm a renter in OK. The house I'm renting has a 6' privacy fence. I have two large breed dogs who are generally well behaved. When I moved in, my landlord warned me about my next-door neighbor, an older couple who own their house. Supposedly, this couple have been antagonistic to the people living in my house in the past, including trespassing in the yard and calling the police for made up complaints. At least, this is what my landlord says. My landlord also warned me that this couple is very sensitive to dogs barking and has used this in the past to try to get dogs taken away. Neighbors have some small yappy dog that is largely kept inside except for supervised yard visits about 2x a day.

I mentioned I have two large dogs. I let my dogs out into the backyard when I am home, never when I am not. The dogs do like barking at a different neighbor's dogs, but due to my landlord's warnings, I am hyper-vigilant to their barking and make them come inside as soon as I hear it. The dogs have occasionally barked at the neighbor couple, but again, I make them come inside immediately. I do not let my dogs out when I am going to be inaccessible (in the shower, taking a nap, whatever). In fact, my dogs have somewhat trained themselves that if they are running around barking, they occasionally beat me to the back door to let them in (like they know they will be forced to come in).

Our neighborhood is a very small cul-de-sac that opens to a busy street. When I was first considering renting here, I was apprehensive - if my dogs got out, they would almost assuredly be hit by a car. My fence has a gate, but it does not have a lock. My landlord pays for yard service to come out and if the gate is locked, they can't get in. The latch on the gate was also installed bent when it was installed, so while the gate latches thoroughly, I would have to add a second latch to the gate in order to put a lock on it. My landlord also lives across the street from me and may be a nutcase herself. (Jury's out on that one.)

Today, my landlord came over to check the air filter and do some basic maintenance. I was chatting with her, and she mentioned that different neighbor had approached her to tell her that the neighbor couple mentioned my dogs were acting aggressively toward them and preventing them from ever letting their little dog out. (This is not true. I work from home two days a week and spend the entire day next to the window facing their house. Regardless of whether my dogs are in or out, I've never seen them even attempt to let their dog out to play.) The same neighbor (the one warning my landlord) mentioned the neighbor couple said they talked to the police about it and the police told them the correct course of action was to open my gate and let my dogs out. I'm positive the police said no such thing, however, I am now very concerned about my dogs' well-being. My landlord said she will talk to her lawyer and maybe send them a letter, but a letter will do me no good if my dogs get hit by a car. I went to the local craft store and bought some cow bells and rope and braided the bells to the gate so I can hopefully hear the gate open.

Can LA recommend any other measures I could take to protect myself? Keep in mind I do not own this property and can't make permanent modifications to it.

Answer:
 Fix the gate so it locks then install a combination lock and give the code to the lawn service company. If the latch was bent, can you fix it or replace it? I understand landlord permission. So ask the landlord or just do it yourself as a "renter level repair".Answer #2: Your landlord seems willing to work with you on this issue so the cheapest option for both of you would probably be to get her permission to fix or replace the latch and just padlock it and leave it unlocked on days when the lawn service  is coming.Answer #3: Also, be vigilant - the problem neighbour might try throwing poison bait into your backyard.Answer #4: If your landlord will allow you attach a second latch, get a combination padlock and give your landlord and the lawn service the code.

Also, get camerasAnswer #5: Cameras. Get cameras, and point them at the gate, and (depending on layout, maybe a second camera to) the fence that separates you. If they try something, then you'll have evidence. Answer #6: >Can LA recommend any other measures I could take to protect myself?

Tell your neighbor: Don't open the gate.


Title: Mom bitten by aunt's dog. Advice with how to proceed.

Question:
My mother was bitten by my cousin's dog at my aunt's home in Virginia. The dog was suppose to be put down this week. My mother was taken by ambulance to the ER and received stitches on her face; seeing a plastic surgeon this morning.

Should this be covered by my aunt's homeowners insurance? My mom's personal insurance (she's retired)?

Any advice is appreciated.

EDIT: I spent the day driving from Kentucky to Pennsylvania to Virginia and back to Pennsylvania. I want to thank each and every one of you for your helpful advice. I am working my way through the comments.

Answer:
 > Should this be covered by my aunt's homeowners insurance?

Probably.

> My mom's personal insurance (she's retired)

Probably, at least the ER care. The reconstructive surgery may be another matter. If her medical insurance pays the bill they will go after your Aunt (or her insurance) for reimbursement.Answer #2: >Should this be covered by my aunt's homeowners insurance?

Probably.  However, many policies lists breeds that the home owner must purchase an additional rider for (think your stereotypical viscous breeds: pits, rotts, presa canario, etc).  If it was that type of breed and they didn't purchase the additional rider, the home owner's may not cover it.  If that is the case, look to see if the aunt has an umbrella policy.  If not, see if your mom's home owners or umbrella policy would cover anything (probably unlikely).


Title: Pharmacy Charged me $0.00, now wants me to return

Question:
Good Afternoon /r/legaladvice,

I have recently started paying cash for my prescription medications in the state of California.

My doctor sent my script electronically to my pharmacy. This prescription was for 2 different CII medication's. Because of the way my insurance has worked in the past my refill dates for my two medications are off by about 9 days. I went to collect the first medication on a Thursday, immediately following my doctors appointment. The pharmacy only had QTY 28 of the total 30 on my script. One of the employees who isn't a pharmacist, a technician I believe, went into the back and spoke with the pharmacist for a while and then returned with the QTY 28 available. I thought you couldn't collect partial quantities of CII medications so I asked what was going on and I was told that I would be provided the partial quantity that they had available until they could stock and provide me the remainder. The technician told me they would contact me when the remainder was available, which they stated as likely the following Tuesday or almost 5 days later. I asked what day I would be available to collect my second prescription and was told it would be the following Saturday, or almost 9 days later.

When we finally reached the process of signing and paying for the prescription it rang up as $0. The technician was unable to explain to me what was going on, it seemed we both did not expect a $0 charge. The technician then went to ask the pharmacist to explain the situation to me, and returned shortly stating that the pharmacist was very busy and did not have time to explain the extent of the situation but that the charge of $0 was confirmed correct and that I should expect a call in several days when the balance of my prescription arrived.

On the following Wednesday I called the pharmacy myself after receiving no call from them. I asked both to confirm the date I could collect my second medication, and if the balance of my first medication was available. The technician examined my information in the computer and then asked to put me on hold. After probably a minute they returned and told me that the balance on my first prescription was available to me and that they would like me to come in immediately to collect it. I then inquired again about when I could collect my second medication, and that I would prefer to just come in for both at the same time. The technician then put me on hold again for around 20 seconds and when they returned said that they had the balance of both medications available to me immediately, a full 3 days earlier than I had noted previously, and restated that they needed me to come in and collect them today. The technician then added that I make sure I bring a method of payment that covers the original cost of the entire prescription, some several hundred dollars. When I asked about the previous confirmation of the $0 charge, and an explanation of what had changed I was told that they had made a mistake in charging me $0 and restated the need for me to come in immediately and collect my medications. I asked if they could explain how the mistake happened and I was told it would be explained to me when I arrived at the pharmacy.

So /r/legadvice, I ask you today, am I required to come in and pay the balance of this prescription? and to a lesser extent, is this pharmacy being shady as all hell? I'm certain I'm not supposed to receive the second medication until 2 days from now and quite frankly it feels like I'm being baited into returning so they can try and force me to fix their mistake.

TLDR; pharmacy charged me $0 for partial QTY of CII medicaiton, which I confirmed at the time of receipt as correct but the pharmacist was unwilling to personally explain to me the situation stating they were busy. Now they're asking me to come back in immediately, stating they made a mistake and seemingly attempting to leverage my medication in an effort to get me to return ASAP.

Moral obligations aside, What is my legal responsibility here?

Also, yes, this is my alt account for porn.

Answer:
 Partial filling of schedule IIs is regulated at the federal level.

https://www.deadiversion.usdoj.gov/21cfr/cfr/1306/1306_13.htm

You are obliged to return within 72 hours for the remainder. If you don't do so, it will be documented at the pharmacy, with your prescriber, and likely with the state's prescription monitoring program. The pharmacist is required by law to notify the practitioner, and there is a good chance your prescriber will no longer write prescriptions for controlled substances for you.

It is not wise to interfere with a pharmacy fulfilling DEA regulations. Answer #2: >I ask you today, am I required to come in and pay the balance of this prescription?

Yes, you know there was an error so just go in and pay for the prescription.


Title: Legal advice regarding bully boss

Question:
Hey guys, I hope you're all having a better day than I am. I am writing this post because Im pretty shocked at how my work situation has devolved over the last few months. I will try to keep this post as short as possible but would like to include as much information as I can for an adequate assessment of my situation.

I am a 27 year old doctor currently working in a teaching institution. The school is owned by a larger corporation. Since last August, corporate has sent over the senior vice president of the corporation to be the president of the school. This guy is a total tool. Ever since his arrival, we've had nearly half our staff leave and replacements take their place. This is largely attributed to him bullying my colleagues into part time roles despite their prior full time status (in an attempt to save money needless to say). My problem with him is that he is constantly power tripping and abusing his position. Here are several examples of what he has done to me specifically and how it has affected my work:

- I am a program director who reports directly to the Director of Education and the President. ( Since taking over my program has ranked number 1 in 5 of the criteria for program measurables out of like 300 schools) Upon getting the promotion to program director I was designated an office and was not given a raise. I was left of part time status still working 35 plus hours a week but with no benefits or health insurance. BTW I live in NYC.

- Several months after my promotion, I received a 2 dollar raise per hour, but its more than anyone had gotten in this school in the last 5 years. One day I was instructed to vacate my office for a new "Director of directors". I was told this via e-mail on a Wednesday and was told I had until the end of the following week to move out of the office. The Thursday of the following week I took off and the president and 2 of my coworkers raided my office, packed all of my personal and professional belongings and moved it into the clinic's dark room for x-ray image processing (a bit archaic if you ask me). To my surprise when I went in on the Friday to pack, all of my stuff had been moved (before the deadline I was given). I felt extremely violated that I had been so unceremoniously removed from my office. Not to mention, the legal implications of having my student's personal files that need to legally be in locked room and cabinet.

-I was repeatedly badgered for things outside of my control like student attendance and student retention. These are quite difficult to control considering these are college students. He constantly kept comparing me to the previous director saying he would have had this handled and this wouldnt happen on his watch etc etc berating me often in front of my students and colleagues.

-This morning was the last straw straw. The president had previously asked me to move from the dark room for fear of a sexual harassment accusation so I have been working out of a cubicle, but left my student's file in the dark room since it is the only secure area I have access to. This morning I was working out of the dark room/file room when the president walked in and started yelling at me, the conversation went something like this
"Hey, what are you doing here?"- Prez
"Just finishing up student tracking"- Me
"I thought I told you not to be in here"-P in an aggressive hostile tone
"Dr. (Director of ed) said I can stay use this space for my files-"Me until he interrupted
"I dont give a shit, I out rank her and what I say goes, now get the hell out of here"

... Needless to say this has left me incredibly uncomfortable and upset wit my work situation. Constantly being berated and treated in this manner has taken a toll on my work, my interest in my work and the way I conduct myself here, which is in a very uncomfortable manner. Im not sure if Im entitled to any legal action, I am searching for another job in the mean time but my students here need me and mean a lot to me. Any legal advice or steps I can take?

Also if I hadnt mentioned this earlier, the president was originally a mechanic then a restaurant owner who made his way into a corporate position so his demeanor is certainly in no way comparable to what you would expect a corporate goon's to be. Thanks for the advice before hand and I hope your situation is better than mine.

Answer:
 Your story sounds like you were asked to supervise things as might be expected of a program director, asked to work in a cubical instead of the office you once had, and that you repeatedly insisted on squatting in a dark room as an office despite being told not to.

None of those things are illegal.

If you don't like your boss, you're in the same position as many others.  You can look for a new job, hopefully with a better boss.


Title: [TN] Employer owes my friend money from bounced paychecks. When he says he needs the money, he gets accused of theft (with no proof) and fired. Now they refuse to pay him.

Question:
Posting on behalf of a friend -

My friend was an independent contractor for a small company here in TN. For three months they still (accidentally) had him on training pay until he realized he was getting underpaid. They owed him $1300 in lost wages. Him and the employer had set up a payment plan and he was getting paid a little bit each week. His last two paychecks though, have bounced, as the employer has not had enough money.

After confronting the employer about the checks bouncing and needing cash to pay his bills/rent, they send him an email stating that a client had accused him of theft, and even though there is a video of him going through the cabinet where the client's trash bags are kept (he cleans residences), there is no proof or video of him actually taking anything. But, they fired him anyway.

The employer is now saying they don't have to pay him any money that is owed (which is now over $2,000) and that a police report has been filed so they cops will be taking it from there.

What are his legal rights concerning this matter? Are any TN laws being broken? I know this is an at will state, but I feel like something is not right here.

We find it a bit odd that after saying they can't pay him, they fire him without solid evidence of theft (which was stated in the email they sent him), and refuse to give him the money that he is owed. He will be filing for unemployment as well.

Thank you in advance!

EDIT: Is there also any way to sue for slander/defamation since they are accusing him of theft with no proof? As this could hinder future employment?

Answer:
 First, you need to determine if he was REALLY an idependent contractor here:

https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee

Next, if you ARE an independent contractor, you'll have to sue for pay, if you're not contact the IRS and have them help your friend.Answer #2: Intentionally bouncing checks is a crime. Your friend should file his own police report. Answer #3: File a [wage claim](https://www.workplacefairness.org/wage-hour-claim-TN) with the TN Dept of Labor.


Title: My car got stolen and was found later..now I have to waste time going to court. :(

Question:
My car was stolen over night a few months ago. Few weeks later, I got notice that the car was at the impound. I went and picked it up (no charge) and thought that was the end of it. The car was smoked in, dash cam was missing and the blue tooth mic was ripped out. About 250 dollars in damage all together plus depreciation on the car now that the carfax shows it was stolen. Anyways, I wasn't too worried about it since this is my second car that I don't use much.
Two weeks later, I get a subpoena to show up in court today. I called the number on the notice and ended up talking to a prosecutor who said that they arrested the juvenile who stole my car and that I need to come to the court. She said that she will put me on the stand and ask me a few questions and that's about it.

So I take time off from work, go to the court only to have the other attorney ask for a continuance. Now the new date is next month and I have to show up again. Then it may go to trial! Then the prosecutor said that I will have to sue this juvi in civil court to get reimbursed for the damages, which again is a waste of my time.
So I guess my question is, what can I do to get out of all this? Can I ask the prosecutor to drop the charges since it was my car? I just want out. Or do I have to follow through with everything?
Edit: I am located in Virginia.

Answer: You can tell the prosecutor what you want.   They may listen but may not.  A subpoena is not optional in this situation.


Title: Facebook Swap site member, saying their property was stolen and sold to me, cops not involved

Question:
IL, USA

I bought a used lawn mower off a swap site from Facebook. I've bought and sold a lot of stuff and I have never experienced anything like this.

I met up with a girl at a mutual big box department store. That in of itself was an ordeal and was kind of shady as f***. Started it up and worked just fine. Gave her the money, but she didn't even count it and they drove away.

Next day I get a Facebook message from this woman I don't know. She is friends of people I know, so I accept the message. She says to call her ASAP, so I do so. She says her son's ex wife(?) stole the lawn mower from her and sold it to me "for dope money". The girl used a fake profile to sell me the mower, nothing related to her real name or profile. I sent her screen shots of the conversation with the fake profile. I asked if she had called the cops and the lady said "she'd rather keep them uninvolved".

She said she would call me in "about an hour" with what she wants to do and I never heard back from her again, until a week later (today). She says she wants to come by and get the mower. After discussing what to do with some friends, I told her: I want the police involved, with a police report and proof that the mower is yours. I want a report of the girl (ex daughter in law?) being arrested for stolen property. The lady will NOT come to my property, and that a police officer must retrieve the lawn mower from my property.

She said she had "planned on getting the police involved anyway" but I don't believe her.

My main issues are:

a) she didn't even know about HOW I came in to possession of the stolen property, only that her "daughter" sold it to me. I don't know how she found my FB profile without her daughter showing it to her - which is suspicious because the lady claimed to not know of the fake profile.

b) she didn't talk to me for over a week and didn't want the cops involved in the first place. She was ready, when she called me, to tell me she had the receipt when I asked for my money back in exchange.

I feel like this is a longer con and that I'm going to get scammed twice. I don't know what my rights here are.

Answer:
 It seems like your suspicions are reasonable.

I would maintain the position that I am happy to cooperate with the police but will not engage with anyone else in this matter.  Answer #2: It's perfectly reasonable to wait until the police are involved. Frankly I'm very suspicious of her for not doing that in the first place.

Let's assume a worst-case scenario. Let's assume it's actually stolen, and let's assume the owner calls the police, and let's assume the police contact you. Let's assume you fully disclose everything, and agree to give back the mower. I would be dumbfounded and shocked if you were then charged with receiving stolen property. Police and prosecutors generally have better things to do with their time than charge someone who had a plausible excuse and voluntarily returned the stolen property.Answer #3: You are definitely on the right track with your demands to get the police involved and whatnot, I just wanted to point out that this:

> I met up with a girl at a mutual big box department store. That in of itself was an ordeal and was kind of shady as f***.

Is in no way shady. People don't want some stranger showing up at their house, nor do they want to go to some stranger's house. A public meeting place is not only common, but smart.


Title: Are you legally forbidden to sell your house while being sued, even if it is to pay for legal representation?

Question:
My dad is being sued because a guest he had staying with him for 3 nights had brought a dog with them and a person is claiming the dog got out and bit them.  All my dad has is his house and its a tiny house literally in the middle of nowhere so its not even worth the amount they are suing for.  My dad has been told if he tries to represent himself he will almost certainly lose and since he has no home owners insurance they will force a sell of the house and take all the profits.  My dad has also been told that the cost of a lawyer to defend him in the case will cost about how much the house is worth.  This has upset my dad to no end but he figures if he is losing the home either way he wants to fight it because he doesn't believe their story nor does he feel liable and would like a chance to defend himself in court.

 So my dad has been talking to a few people in town about buying his house and because he lives in a small town word got out he was selling his house.  Then i was visiting him and while i was at a gas station a friend of the person that is suing my dad came up to me and said i needed to stop my dad from selling his house because it was against the law since he was being sued.  Now i can understand how it would be illegal if my dad did something like sold the house to me for a dollar just so that he didn't technically own it, but if my dad keeps a clear paper trail showing he is selling it for a reasonable amount and using the money to pay for legal fees is that not allowed?  I know this isnt a criminal trial but i feel like he should be allowed to defend himself even if it takes him using the money they are suing for since he hasn't been found liable yet.  This is in NC btw.

Answer:
 Who said your dad would lose the case?

Who is advising that the house would be taken?

Who is advising to stop the sale?

These are all questions that your dad's lawyer should be answering. He needs to stop absolutely everything else and speak to a lawyer, even if it's only for spot advice and not further representation. He should listen to absolutely nobody else besides his own lawyer.


Title: If a COVID patient received a Hydroxychloroquine prescription from a stand-alone urgent care clinic, would the doctor at that clinic be notified if the patient later went to the hospital and died?

Question: The pro-hydroxychloroquine doctor from the banned press conference said she treated 350 patients with COVID-19 at her (privately owned, standalone) urgent care clinic. And she said none of them died and are all doing well. Just wondering if she would actually have any way of knowing how they were doing or if HIPAA would prohibit that?

Answer:
 HIPAA wouldn’t prohibit it, but there’s no mechanism that would automatically inform her.Answer #2: The likelihood of getting through 350 cases of a virus with a 5-7% death rate in closed cases and not seeing even one death when one would expect the death rate to be around 17 is kinda unlikely. I don't think this one doctor knows something that no one else does, esp given the hype around hydroxychloroquine and the fact that everyone is trying it. Outliers are real, and they're expected, but this is highly unlikely.

To address your actual question though, no, if two doctors see the same patient and one discloses hipaa data to the other that's not a violation. Making sure your info is available to everyone that needs it is the "portability" part of hipaa, making sure it's not available to anyone who doesn't is the "accountability" part.Answer #3: It’s not a HIPPA violation but most urgent care docs are not casually following up on 350 patients to make sure the didn’t die of COVID. I assume she’s full of sh*t or has a research team helping track so many patients (she probably doesn’t).Answer #4: Yeah but the same doctor said that having sex with demons in your dreams causes infertility and endometriosis in women so can we really trust anything she says?


Title: NYC - Fertility Clinic Error in Scheduling Coordinated Care

Question: [deleted]

Answer:
 Unless you can prove that the scheduling error caused physical harm that made the surgery unsuccessful, you've suffered no damages.

I can't comment on your emotional distress, but on that note, unless you can prove that your emotional distress arising from the scheduling error caused a physical or psychosomatic reaction that made the surgery unsuccessful, you've also suffered no damages in that respect.

Consequently, you are unlikely to have a cause of action against the clinic. Answer #2: They had a scheduling error and fixed it.  You should have more embryos anyway, so it could still work, right?


Title: My daughter's biological father and his family has been absent for two years other than harassing me. I don't want them to be able to get rights to her if anything happens to me.

Question:
I live in Michigan. I have a four year old daughter. We have had no contact with her biological fathers family for 2-3 years. Her bio dad hasn't seen her in over a year, hasn't called in 11 months. We do not receive child support because I chose not to have the state pursue him when we received assistance because he was abusive towards me. We allowed him to see her in supervised environments at my parents house without me present but no formal custody arrangement was ever made. His mother and sister both contacted me today on Facebook. They messaged me to tell me that I am an awful mother and that it is my fault that they don't have a relationship with my daughter. They said that I kept her bio dad from her and chose another man (my SO of nearly three years. He treats my daughter like his own and plans to adopt her someday). Unfortunately, they both blocked me as soon as I read their messages and the message had disappeared when I exited out and reopened messenger. I didn't even get a screenshot.

I want to try to prevent them getting rights to her if I die, no matter how slim the chances. Is this something that is possible to do? I am a 26 year old woman with no major health issues.

Answer:
 > I want to try to prevent them getting rights to her if I die, no matter how slim the chances. Is this something that is possible to do?

In order to do that, you'd need to terminate the father's parental rights and have her adopted by someone else.  That is very, very difficult to do unilaterally.  Talk to a local family law attorney to see if you have options there.


Title: Former employer gave a REALLY bad reference

Question: I own an IT company that gets subcontracted out by other larger IT providers. A new partner tried to pair me with one of their new clients. The new client looked me up on LinkedIn, found that I worked for a business they do work with. I was fired by that company for unsatisfactory performance during a particular project some years earlier. When asked for a reference a person at the company stated "I wouldn't hire him under any circumstances". This caused the new client to not want to work with me. I was going to let it go but someone I told said that it was illegal for them to do that. Is that true? What are my options?

Answer: Your former employer was within his rights to provide a truthful statement to your potential employer.


Title: FDA Allergen Regulations and Restaurant Owners (National USA)

Question:
I work in the restaurant software industry, my coworker is designing a menu for a national chain and the corporate office wants to reduce the amount of modifiers available on their menu items, claiming that they want to coerce customers into consuming the dish the way it was meant to be eaten. I am concerned that without adequate modifiers available for the cashier to communicate to the kitchen staff, an allergen issue could arise.

Are there FDA (or other) laws/policies/regulations that require a restaurant to provide modifiers to their menu? I know that their are questions and policies differentiating prep, but could a restaurant refuse to make their entree without the allergen source and tell the customer they'll have to order something else?

Extra info: The restaurant isn't complex or high end, it's comparatively like a customer asking them to not put onions on a burger typically made with onions, and the restaurant doesn't give that option.

Answer:
 > could a restaurant refuse to make their entree without the allergen source and tell the customer they'll have to order something else?

Yes.  In fact, many do.  There's no legal issue there at all.


Title: A cop restrained my 5 year old at beavers! Now we are being denied participation for complaining, help!

Question: [deleted]

Answer:
 No one is going to read that unless you format it.

Hit enter twice for paragraph breaks.

Also, add a TLDR.


Title: Does my step daughter’s mother have a right to visit our new home before moving

Question:
For reference we are in California. My husband has a three year old child from before we met. Him and the mother of the child were never together romantically and he has had joint legal and shared physical custody since the birth. They are working towards 50/50 time being with each parent but now it is about 60/40(us having 40). He has had the same address since before the child was born and we have just decided to move. The move is about two miles from our previous address.

When he informed the mother of the move, about a week before we are set to stay there, she said she must come over to view the house before the child stays there. She also moved not long ago and we did not view the home. We figured she is doing well with the child and it is not mentioned on our court documents so we would not make a deal of it.

Does she have a legal right to come inside our home? We have given her the new address. I think her wanting to come is not for the child’s interest but with intentions of making us uncomfortable. I would just like to know our place in this

Answer: If the court order doesn't say it is required then no. You can decline.


Title: [ny] Question about illegal drugs purchased with the intent to commit suicide with

Question: [removed]

Answer: A person who did that would be put on a psychiatric hold for evaluation, and would also be charged with purchasing illegal drugs.


Title: US Travel Laws - in regards to recent news on guy being banned for life

Question:
Hey guys! First time posting on legal advice and also on mobile so apologies.

So I’m in a LDR. I’m from the UK and my partner is from the US. It’s tough but you do what you have to do.

Recently a story was released here in the UK about a British guy who was visiting his US girlfriend had his phone searched and is now banned from entering the US.
This story hasn’t been covered by any half decent papers (from what I can see so far) so information is limited and is to be taken with a grain of salt.

[Article](https://www.dailymail.co.uk/news/article-7048611/British-marketing-manager-visiting-girlfriend-deported-life-moving-text.html)

Basically what I’m asking is: can the US embassy just search my phone?

I plan on making a month long trip out next year and I’m worried something like this will happen. I’ve gone through our messages and we’ve talked about me eventually moving to be with him but I’m worried this will be taken the wrong way etc.

This may be a totally stupid question because I understand that there are privacy laws etc but due to the fact that I do plan on eventually (and legally!) moving to the US, being banned for life will certainly put a damper on those plans.

Thanks for any and all advice of dealing with the US Embassy etc

Answer:
 > can the US embassy just search my phone?

US Customs and Border Patrol would do that, not the embassy.  And yes, they can.Answer #2: Totally legal for US Customs to do that. They found evidence that he planned to be an illegal immigrant, so he got banned. He might be able to get the ban lifted someday, if he’s lucky.Answer #3: Yes they can and sometimes its random and other times if you watch you will see that there are certain things that will almost guarantee you will have your phone searched.  Most Immigration control points have signs posted that tell you to stay off your cell phone.  The last time I went through one, am a US citizen, but the citizen and non-citizen lines were close together the people that were having their phones searched were the ones that had been talking on them in line (even in the US citizen line).  Staying off your phone until you are through Customs and Immigration is your best plan.  If they ask to search your phone, let them.  Be polite.

If you are concerned about certain text messages being taken out of context, delete those messages.