Title: Signed a lease for an apartment, doesn't start till next week, but don't want to move in now (San Francisco, CA)

Question:
I signed a lease earlier this week for an apartment. When I brought my GF over to see the place, she had a bad allergic reaction. The doctor says it could potentially be the carpeting. So I am now hesitant to move in. Messaged the guy who helped me lease the place (found the place on CL) and he says the building owner wants me to cover the rent at least for the first month and broker fee once he finds another person. What legal recourse do I have here? The lease doesn't start until next week.

Thank you very much /r/legaladvice

Answer: You're bound to the lease you signed. Your girlfriend's allergies are irrelevant.


Title: If you have sex with a transsexual person under false pretenses, is that a form of rape?

Question: Just curious. I read this article and it made me wonder about the similarities: http://www.independent.co.uk/news/uk/home-news/woman-tricked-blindfolded-friend-into-having-sex-with-her-by-pretending-to-be-a-man-10492472.html

Answer:
 If A British Tabloid ran an article that the sky was blue, I would go outside to make sure it had not turned green.Answer #2: https://en.wikipedia.org/wiki/Consent#Consent_to_sexual_activity

Tl;dr MAYBE. If the consent was conditional on being something, and it was a lie, that may be construed as an abuse of trust. However, I DOUBT it. Unless it has been a point to ask "are you transsexual", there is no lying, and no abuse of trust. So PROBABLY NOT. Per the article about an explicit conversation about " ewww girls aren't attractive," I don't know. Given the implication of consent by putting on the blind folds, probably not.

The problem is that I doubt there is any real precedence in the matter.Answer #3: Related, serious(-ish) question.

In Breaking Bad, Saul Goodman pretends to be Kevin Costner to get women to sleep with him. The next morning he is revealed to not be Kevin Costner. Is he guilty of rape?


Title: Parents not taking my brother's court date seriously

Question:
Posting for a friend who does not have reddit.

I'm going to say everything in the first person to make it easier for me:

So I am out of the house (over 18) I have two brothers one in middle school and one in high school. We will call the one in middle school K and the one in Highschool C. The one in middle School got caught sneaking his hands down a girl's pants during class(at least that's what he's saying, he won't directly tell my parents what's happening). Both my parents got called to the school where they were met with the principal, a social worker and a sheriff's deputy. The sheriff's deputy wanted to read him his rights and get a statement but my dad refused (trying to prevent him from giving any evidence in the strange case of this will go to court). He get suspended for a week and is done with sports so everyone assumes that that's the punishment.

About a month later my parents get four different letters none of which are certified mail about a court date addressed from the school. This is all within the State of Wisconsin (US). They are tempting to charge him with delinquency of a minor which somehow is a sexual assault of a minor charge (class c felony). He's only 13 I'm not quite sure how that's legal giving a middle schooler the same felony as a potential pedophile. I think this is a fear tactic that they're using and will be willing to plea it down.

So before all these events transpired my mom booked a cruise to out of the country and my brother signed up for a couple weeks summer camp (in a neighboring town so they could very easily pull him for the day and send him back to camp).

My concern: my mom is leaving tomorrow and is gun ho I'm going on this vacation with her sisters and her mom who just got done with cancer treatment (I understand why but this puts all of the responsibility on my dad who has a very crappy past of taking care of things). My dad is refusing to pull my brother out of Camp for the day for the first hearing.  He also is not hiring a lawyer but the court didn't offer us a public defender either which makes me think that this is going to get thrown out. Both my parents try to get ahold of the courthouse to reschedule and they never got back to them. He also thinks that this is a giant conspiracy against him personally (he's said this about other things.)

My concern is that are my parents going to be charged with contempt of court? By doing this is it screwing my brother out of a plea deal and making this go to a long court case potentially putting them as a sex offender if he gets convicted? Should I be worried about my high-school brother being cooped by CPS? Should I be planning to try to gain custody of him (he has two years left of high school is a straight A student and has been doing awesome with choir and the annual musicals, he has a bright future).

LT;DR: My brother in middle School got in legal trouble and is facing a felony. My dad is totally brushing it off , refusing to take him out of camo for court and my mom is out of the country.
Topic:
Juvenile and Youth Law

Answer:
 Get A Lawyer! This is not DIY territory and your dad isn’t doing anyone any favors especially your brother by ignoring this! What your brother did is sexual assault and at that age he should know better.Answer #2:  but the court didn't offer us a public defender either which makes me think that this is going to get thrown out.

IANAL, but you have to request a public defender, one is not offered,  and you can only get one if you cannot afford a private lawyer.  There is no reason to think this will be thrown out.  Your brother needs a lawyer!!Answer #3: Your brother needs a lawyer, like yesterday.


Title: Can I invest my day job salary into my S Corp?

Question:
This might not be the right subreddit. Please point me in the right direction if you know.

I'm currently working on a start up idea after hours while working full time. I was wondering if I could invest my current salary into my own S Corp?

My understanding is that the investment places me, as a shareholder, at an at-risk tax basis (the amount of my day job salary) allowing me to deduct my startups operational losses and at risk tax basis on my personal tax filing. Additionally, as an owner- employee, I can draw a smaller salary from my S Corp, reducing me to a lower tax bracket, while sheltering extra income through shareholder dividends.

Also, I do plan on seeing a CPA or tax lawyer, but I wanted to check if I was really off base on those before spending money on legal/tax advice.

Answer:
 The tax advantages from having an S-Corp largely arise when earning revenue in/through an S-Corporation, not contributing it as capital. The amount you invest is not deductible from your personal taxes. The corporation's expenses would be deductible to the extent of basis.

If your day job earnings are coming from W-2 employment and you put it into an S-Corp, and then paid yourself a salary from that S-Corp without any other revenue, you'd be paying social security and medicare tax twice on the same money.


Title: planning on opening family restaurant. can i get my father to surpervise kitchen if he is on tourist visa?

Question: i am planning on opening a family business and i wanna get help from my dad since he can cook. can he run the kitchen on a tourist visa? business is gonna be all in the family.

Answer:
 > can he run the kitchen on a tourist visa?

No.


Title: Lady opened door on my while on motorcycle, caused me to fall essentially totaling out my vehicle.

Question:
As title says (In California), a passenger in the ladies car opened the rightside door as I attempted to pass which clipped my handlebar, causing me to lose control and fall.

I notified my insurance and put a claim on hers. My insurance company concluded I was 0% at fault while her insurance has argued it was 50%-50%. However my insurance company isn't paying me out or arbitrating because I don't have collision coverage and they have no monetary interest in handling my claim. I've asked her insurance company for information on how they came to their liability decision and have yet to receive info.

Her insurance has cut me a check, which I've received but haven't cashed.

**What recourse can I take? Do I have a valid claim?**

I was filtering/lane-splitting to the front to do a right turn, as traffic was at a stand-still. I was traveling at a prudent speed (about 10 mph) but the individual opened the door in the middle of the street which didn't allow me to react. I couldn't have been riding too close to the vehicle as it only clipped my handlebar.

Answer: A lot of time insurance adjusters try to pull this stuff. Assuming you have the time, call the insurance agent of opposing party and simply state that you are sorry that you cannot reach an agreement with them, and that you will see them again when you sue her in court because they will be indemnified. A lot of times this will get you transferred to another agent who is more willing to work with you because going to court will require a substantial amount on their part.


Title: Sexist dress code email??

Question:
Hello. First post over on this sub, please forgive mistakes but I'm extremely upset and not sure where to go with this. Today I received a message from my employer, a "fun center" if you will that has an arcade/go-karts/mini golf, etc.

&#x200B;

" ANY GIRL WORKING ON TUESDAY JULY 16TH FROM 1:30PM-5:30PM MUST WEAR LONG PANTS, A LONG SLEEVE SHIRT UNDER YOUR POLO, AND YOUR HAIR UP. WE HAVE A PRIVATE VERY RELIGIOUS GROUP SO THIS IS NOT OPTIONAL! WE WILL ALSO BE CLOSED TO THE PUBLIC ON TUESDAY FROM 1:30PM-5:30PM FOR THIS GROUP. "

&#x200B;

In my area, it's supposed to be 91 degrees F on Tuesday.  There is no mention of whether or not the men will be in this dress code and I am assuming not. I know employers can change the dress code but can they do it in such a sexist way at the behest of an outside party?  Am I overreacting? I'm only posting here because my mother is questioning the legality of this.

Answer:
 > I know employers can change the dress code but can they do it in such a sexist way at the behest of an outside party?

For one four-hour shift, in the way and for the reason you described here? Yes.

> Am I overreacting?

I'm not sure, but the signs point to "yes."

> I'm only posting here because my mother is questioning the legality of this.

Sounds like your mother is overreacting.Answer #2: It sounds like a private party who happen to be (likely, but not necessarily) Muslim has rented the place out and the managers are making some reasonable, temporary changes to employee uniform to make sure the party feels comfortable there and can enjoy themselves. Maybe try thinking about it that way instead of "Omg sexist!" Yes, religious rules like that are inherently sexist but in this case, ultimately harmless to you. And you'd be helping the party have a good time in a way they probably don't get to enjoy that often in this country.Answer #3: Usually dress code violations mean you have to prove an “undue burden” to one protected category (in this case sex/gender). Basically that just means dress codes for men and women don’t have to be *exactly* the same, just equal in terms of effort or result.
In this case you MIGHT have a case, as you say only the women are going to have to wear pants and long sleeves in the middle of summer. I’d contact [the CHRO](https://www.ct.gov/chro/cwp/view.asp?a=2523&Q=315790) as they are the ones that deal with employment discrimination


Title: Blame for my Sister's abrupt lock out

Question:
  Recenty Homeless, something completly brand new to myself. This led to wanting to crash at a relatives where my sister live (at out Aunt)-Maternal side- where I am not welcomed. Thanks for reading in advance and lending your advice into the situation.

Keep in my mind I am looking to file for a wrongful eviction case in small claims, this is California.

   I'm currently sleeping on the streets due to a recent situation with a roommate who alleged that I beat her ( Felony Elder abuse) so I was detained then released without charges filed. She filed a restraining order upon myself so I could not go back or retrieve any of my belongings. I had only my phone and gym attire with boots when I was placed in handcuffs.

 After being released in South Bay, Chula Vista, on a Wednesday night, I made my way the next morning to the City I live the next day. Completely exhausted, hungry, (food is posion in there) & confused about my entire predictament. Luckily I have a younger sister (5 years) -I am 24- the lives in the same city and area that I frequent. With very little in every regard, I asked for a favor from my sister, to sleep at her residence on the second day being free. The first day was hectic, drinking all day with the local hobos, smoking with some dudes that also chill at a certain park, and was almost stabbed and jumped. Not to mention I smoked some weed that was laced with I don't know what. (Accidently) I can't even remembered where I slept that night.

  So when I arrived early in the morning to the duplex, being informed that my cousin (female) and Aunt would not be there. Allowing me to get some rest and eat a meal. Apparently the cousin's class was canceled, do not know how true this was, (she is the same age as my sister btw) and against better judgment I entered the domicle by way of my sister. I slept on the floor in the living room for a few hours. Then when they both left after a certain time ( my sister goes to a CC nearby) I ate left overs and some bread. Luckily nothing was said to my aunt at that point in time. I had saw my mattress and desk were still in the garage where I had previously took dwelling- I moved out April of this year- so the idea was to crash there until the gig was up. I left the back door to the garage unlocked and close by a makeshift lever. The door easily opens. There is another door for entry via the house, which the laundry room occupies that locks from that side. A door exist for access to that room as well. For reference.

  The first night was success, I hopped the wooden gate around midnight and snucked in around the backyard where there is a corridor that leads to the back door to the garage. The trickery part was waiting untill everyone fell asleep which my sister would give word about. To have the patience while I was dead tired just wanting to crash so bad. Also the would have to pass the window of my aunt's room while she sleeps with the lights on.

 Intially I thought about asking my Aunt to allow myself to sleep there so that I could get back on my feet faster. However thought against it since I presumed the bridge was burned. The following I thought I'd try sleeping outside to get a real taste for what's possibly to be my near future. I could not get comfortable, no surpise there. Then the second attempt on a Sunday night was a suceess. Same process. I was awaken by the cousin and aunt arguing about her later arrival the location where her" friends" dropped her off ( at corner past her curfew) when she usually arrives at the drive way, with the roundabout complex.

 The next morning the aunt took her phone and demanded she cleaned the garage ( it was a mess of clothes and stuff all around the bed) while she forade the cousin to go anywhere. I wasn't worried about her going into the garage and finding me out, for I know she does't respect her own mother's word. She promptly left for class to another CC nearby. I spent most that day at another CC for I am a student with one course underway. To which that evening class ends around 9.30, So I had to kill time and decided to eat at Wingstop nearby up until they closed.

 Midnight was the ideal time to sneak over the fence and through the backyard, but I hadn't received word from my sister. I was still delirious with a massive sleep debit and low on patience. I suppose I had too much to carry or was too loud getting over the fence. For right when I entered the garage my aunt opened the door to find me asking what was I thinking. She thought the worst at first, was I high or drunk, interestingly enough. Very much was I sober. I gave her my story in short, exhausted; I was about to have a nervous break down. I was making motions to leave, until she allowed to sleep there the night. The following morning, she offered to drive to a shelter she knows of in the next city over. I decline on the way over and asked to be dropped off at a Mcdonalds, nearby. She made the effort to drive to the furtherst McDonald's possible. I still at the time only had my phone on me, I had appeals & Hw to catch up on at school before a deadline. So I went to a Walmart in the plaza over to buy a backpack and some essentials. Then went to the campus.

  Apparently my cousin was still awake, interestingly enough since she works and supposedly studies. I don't know why she would be allowed to keep such a late sleeping schedule. Whatever. This is what my sister has told me, and that my aunt was scared to find out who was in the garage and not know what state they'd be in. Bullshit I think I'm sure the cousin knew it was myself, and my aunt likes to be dramatic. So on and so forth. My sister also told me that the aunt would be out of town during the upcoming weekend for a work conference. So there was my last opportunity to sleep inside on a bed to catch up on much needed sleep. To also make a feast with produce gained at a farmer's market that was giving it away. I was willing to wait.

  Note; I had already exhausted all that I know to find a place to crash but to no avail.

My little sister received some heat from the aunt, but compared to the actions of her own daughter - sneaking in friends and boys to fuck- this was in a perspective minor- in my opinion not that big of a deal. I am very grateful to what my sister had done at this point with also receiving her disc at the restaraunt she works at as well. However in my delirous state I didn' see any other options, for the location of the residence was a convient one in terms of public transport and distance to all that I frequent.

 The plan was to make a copy of my sister's so I could gain entry into the house ( when nobody was there) while not having to hassle my sister, since she is preoccupied already.

I think all of this backstory is essential as it leads up to the question at hand.

 I waited until noon Saturday, without my sister knowing the details of the Aunt's trip, I presumed she had left already. When entered the duplex, I had feeling that the cousin was there in her mother's room, by the music being played. I left promptly and called my sister to return to the house. So in respect I am her guest, and not leave the cousin in suspicion that I have a key. After a while she wasn't willingly to leave her boyfriends while she rested at that point time. In my delirious state, I entered and unpacked. With the intent of taking a shower. I receive a call and a text from my sister informing myself that the cousin knew I was there. So what I though her mom is gone, no troubles. unfortunately after my sister arrived to lend some school supplies that she no longer needed and that I did, then left. The aunt shows up. I was pissed. At my sister for not knowing the details of her travels so this could have been better planned. At the cousin for snitching. At the aunt for not being where I thought she was. Finally at myself for not being smarter about it.

 She entered, I said hey, She asked why was there & where is her daughter. Whatever. I said I was just taking a shower, and I don't know where she is. The aunt starts acting indignant about my lack of know where of her daughter.  She threaten myslef about having enough legal troubles at hand. For she claims that "I was breaking in" when I slept in the garage unnoticed. I told her my stuff is there -A mattress and desk- and that since my sister lives there, I am her guest. My sister had left at that point, so the aunt pointed that out. I left shortly thereafter, before she asked if I had a key. To which I denied. Wanting to go back after she actually left.

 I called my sister, told her what happen, what to say, not to return, and to wait until later that night. When presumably the aunt would leave. Lo and behold when we arrive later that night the locks are changed and everything else locked shut. I thought about going through the front window which was cracked open. With only an attachment securing further opening which is adhered with a weak glue, it could have easily been done. However I went around the backyard, heard the type of music being played, in the room and thought the cousin was there. Even in my delirious state, I saw that my sister could sleep at her boyfriends' (who lives with his parents in the same city) and myself found a low key spot to sleep in relative darkness and peace.

&#x200B;

I want to make this up to my sister, for all that she has done, at the very least I know this is a wrongful eviction. I even went to the court house in the respecting department, and gave the skinny. The advice was to go to small claims. I just don't know if I have time nor energy to go back. With lining up interviews for jobs, and school work to catch up on. So I need another POV on this matter, something I am not seeing/thinking of.

 I told my sister when she returns to the residence to take pictures of her key not working, which is a bit difficult to ascertain that situation. To also take pictures of her belongings in her side of the room. To also take pictures of her mail, and leave undisturbed.

Please lend your advice, this is a difficult period of my life, I would like the duress of my sister's wrongful eviction to be compensated for. Sorry for the lengthy post will edit if some parts are unneccessary.

&#x200B;

Answer: TL;DR: OP has been routinely breaking into his aunt’s house with the help of sister, who seems to have legitimately lived there. Aunt finally gets fed up with the shenanigans (having her home broken into) and kicks everyone out including sister. Can sister sue for wrongful eviction?


Title: (California, Los Angeles) Landlord is trying to unlawfully evict me from my house, what are my rights?

Question: I am currently renting a sing family home in the suburbs of Los Angeles. I have lived here since June 2013, and we agreed on a verbal agreement, it would be a month to month rent ($1,100). They did do us a favor in allowing us to pay $300 less than their current mortgage, but we would pay all the utilities (all under my name). Since then, we have had some problems with repairs which they refused to act on as they were doing us a ¨favor¨, we decided not to pursue any action. About last week, the landlord called me saying she has some prespective buyers to come and see the house, being shocked (at this moment no written notice has been given to me) I allowed them to come in. A few days later, the landlord calls me and says the house is sold and I have 30 days to move out. I told her I know my rights and I believe this isn´t right, she insist that I have no rights as no contract was signed and I no more business with her. What do I do? Then today I get a call from the landlord saying that in 1 hour she will come with inspectors and ¨many men¨, and I told her no as I was never given an advanced notice, she said she doesn't have to (she raises her voice) and that she has keys and can come in at any time she likes. I said you are harassing me and I hung up. What can I legally do? I have never received a written notice, and the economy is though and rent elsewhere is expensive, what can I do? I have proof of every month´s rent and all the utility bills are in my name.

Answer:
 You are owed 60 days written notice.

Refer your landlord to [Cal. Civ. Code § 1946 &  § 827a](http://www.nolo.com/legal-encyclopedia/california-notice-requirements-terminate-month-month-tenancy.html).Answer #2: It is not an eviction. It is a notice to vacate. If you don't leave after the 60 days, then she can move forward with an eviction. The notice to vacate you won't effect you or your credit and doesn't show up on credit checks.


Title: My mom is leaving us, and trying to do as much damage as possible.

Question:
Before I start I want to apologize for my grammar and username, but I honestly don’t know where else to ask and with my emotions and anxiety acting up I can’t exactly think straight, I just need some advice. Also this is happening in South Florida.

I’m the eldest son, I came home already stressed out from work yesterday and began to get in a verbal fight with my brother about him switching in between sleeping during the day and playing games all night (he has medical history with not eating right and sleeping either nothing or too much), I began to unplug all the games and put them in the living room before taking off to clear my head. (Both my parents we’re home at the time as well)

I then received a text from my mom “your dad broke the door hit me and it’s all your fault” followed by “I’m leaving and don’t know where”
(I’m typically used to this from her since she’s been doing this for the past 10-13 years)

I know my dad he’ll never lay finger on any of us or her, but I heard his side of the story the day after.

He said and shows me the bite mark on his arm which drew blood, he then explains, after I left my mom went off on my brother and dad, just verbally till some back and forth bs between her and my dad the led her to bite him and he naturally pushed forcefully pushed her away causing some bruising on her chest. He then let his anger out against the closet door and that’s it.

On this same day she tells me and my brother while my dads at work, “ I have a doctors appointment tomorrow, and I’m going to tell them your dad hit me, so they’ll arrest him”, then she goes “beginning of next year we’re getting a divorce and I’m taking my money , you two stay with your father” (she refers to half of the value of the house in which she says they’re going to sell with the divorce)

I honestly just want everything to go back to normal, before I through a fit. I still love my mom and I believe my dad is not the person she is claiming, she has done this a few times before in our lives, from hitting her self too treating to kill my father, but she’s my mom you know there’s only one and my dad would never tell anyone of it.

Weather or not the divorce is going to happen isn’t my concern, but my dads reputation is (as he is currently trying to become a us citizen); if she pulls through with this what are our options? (I do have screenshots and evidence of both the bite and broken door)

Answer:
 How old are you? And I know this is tough, but don’t let this set you back from your future. Your family is one thing but you have to take care of yourself.

Edit:
I was in this similar situation, mom and dad would nonstop fight, at some points even getting physical with each other. My mother was extremely depressed and bipolar (she was on medication for both). This past summer, they ended up getting a divorce, but chose to leave my little brother and I out of the aftermath. They never told us but I could tell right away something was off with my mother’s absence at home. I’m also a green card holder.

Also, is your mother a green card holder? Or is she a citizen and your father is using her to get his citizenship? If she is a GC holder then this shouldn’t affect your father’s eligibility for citizenship.  Answer #2: Keep the screenshots of her basically saying she was going to lie about domestic abuse. If you have any proof of her harming herself in the past to make it seem like it was your dad collect those as well. Unfortunately, a lot of the law sides with the women when it comes to domestic situations so your proof supporting your dad needs to be rock solid. Your mom sounds like a manipulative witch. I would recommend severing ties with her, regardless if she’s your mom.


Title: Past trouble coming back to haunt me (NY)

Question: In january of 2011 I jumped the turnstile in a nyc subway station and got caught. As a result I paid a $100 fine. Now 5 years later I am preparing to send out my n400 form to apply for citizenship. I was 18 at the time of the incident. Are there grim consequences regarding my application? Am I screwed?

Answer: Usually you have to have good behavior for the entire length of the qualifying residence period (usually five years, three air a spouse of a USC). Since this took place more than five years ago, and isn't a CMT or a crime which would otherwise make you inadmissible; them I don't think you'll have an issue. Just make sure to disclose it.


Title: A girl stole drugs from me, overdosed, and reported me

Question: This is in college. I'm in a fraternity and there was a party at the house yesterday. I hooked up with some girl and we went up stairs to my room. I offered her an Orange Tesla and we split and then drank more. We're making out, and then I hear my friend call me, so I walk out of the room and got distracted by something else. I walk back to the room like 20 minutes later and she's gone and I'm like oh well, then I realize that she also took about 18-20 from me, so I go looking for her for like the next hour. I drink more then pass out, then wake up and then my friend tells me that after I had passed out, a girl had a seizure, so they called EMS. Apparently, when she stopped, she said she got it from a  "a bro of the house" but didn't know my name, and so a cop was here this morning asking about it, and we all denied it saying that she was mistaken, and they left. She had like all 20 on her, so I think she might get charged with possession and is trying to get leniency for reporting me. I don't know what to do. Should I be worried?

Answer:
 By the way, as I haven't noticed anyone else saying it:

- Get rid of whatever other illicit substances (including any drug paraphernalia) you have in your possession, *NOW*! This includes alcohol, if you aren't 21. Probably a good idea to rid the house common areas of any alcohol so that you cannot be linked to that either.

- Stop doing any and all drugs *NOW*! This includes alcohol if you aren't 21.

- Cease all contact with this girl *NOW*! No FB, no texts, no communication whatsoever.

- Never, ever, ever give anyone drugs ever again! But this shouldn't be a problem, right? ...because you've learned your lesson and won't ever take or have possession of drugs ever again, right?

Get a lawyer first thing Monday morning, if not sooner as some criminal attorneys have after-hours contact numbers. If you don't know who to call, or know no one to recommend an attorney to you, call the state bar association for a referral in your area. If you include your location (as this sub requests) then more specifics could be offered. Answer #2: Now delete this post
Answer #3: I'm lolling that the post where the guy admits to felony possession is still on the internet.Answer #4: This post is the stupidest thing I have ever seen. Remove it. Delete it immediately. Go talk to an attorney IRL. This corroborates her story if she ever figures out who you are. Jesus man.


Title: If a neighbors tree grows into my shed, does he pay for the damages and to trim the tree?

Question:
I live in Jacksonville, Fl

I have a shed in my back yard that has been around for about 5 years and just noticed that the tree growing from over my neighbors fence has grown into the back of my shed. It has ripped through the roof and caused the side to crack.

Do i have the legal right to inform my neighbor that they must fix it?

I plan to go over to there house and tell them about in to see if they offer to. I just want to know my rights before hand in case they are rude.

Thanks Reddit

Edit- thanks for everything so far. I really appreciate it!

Answer: if his branches are on your property, you can cut them. you can't ask him to pay for damages because it was your responsibility to cut the branches before they caused damage


Title: They took all my $$

Question: NJ help! I had a judgment put against me by credit card, they took it all out of my bank account without any sort of notification is a this legal? I Also have another judgement same law firm will they work payment arrangements? Was out of work which is why cc didn't get paid

Answer:
 Sounds like a judge said they could do that. Did you go to court?

They will likely garnish your wages. It is easier then hoping you will pay when you have a history of not doing soAnswer #2: Remember, a judgment isn't the judge saying, "It's ok for the credit card to take his money to pay this." It's the judge saying, "It's ok for the credit card to take THEIR money out of his account."Answer #3: If they gave you a warning then you would just remove all of your money from the account. Yeah this is very legal and standard practice when people are awarded judgements against them.


Title: Girlfriend's dad caught mom cheating with a 20 year old. They ran away together yesterday. Her parents have close to a million dollars in stock with the family business (dad's side of family). Is there anything the dad can do to make sure that the 4 kids end up with the money instead of the parents?

Question:
The mom never worked a day in her life. The family business is on the dads end and he has partial ownership of the company (like 6% or something, maybe more). I don't know the technical term for it so please excuse me, but he has been putting all his paychecks back into the company stock where he receives good interest. They have close to a million dollars in that account. They also have two checking accounts that have about 10k each, and he is going to the bank right now to freeze the accounts as well as all the credit cards. He just found out 2 days ago she has been cheating on him for the past year. Yesterday, she randomly left the house with most of her belongings and texted saying she'd be back in a week but none of us believe it because she took all her valuables. Anyhow, my BIG question: Is there anything the dad can do to ensure that the mom is not entitled to the money that's in his companies stocks? Since she hasn't filed for divorce nor has she said she wants a divorce, can he take that money out now and split it among his kids or would that be fraud (would he need his wife's consent??--they have a company financial advisor that he hasn't talked to yet just thought I'd see if someone can add more info on that). Also, is there anything else he should do that we are not thinking about? Possibly something that could play out later in this process. The 20 year old kid that she is having an affair with was a family friend of one of the daughter's and he stayed with their family for a year which is how the affair came about. Anyhow, he's this oakie kid that has mommy and daddy issues and he's very dangerous in my opinion. He has a few loose nuts and I fear for their safety should the mom come running back. He owns a lot of guns, and I wouldn't put it beside him to go on a shooting spree. He has nothing to lose, no job, his family thinks of him as a reject, and he doesn't have too many friends now either. This is his one string that he is holding onto. Should the family be getting a restraining order now and does it have to be served to him? I'm not quite sure how that works either this is all new to us. I know this post isn't fully financially related and I'll probably make a X-post to other subreddits but thought I'd start here first.

As for the money, the dad is really sad about the life savings because his whole life purpose has been to earn enough money so that one day he can leave his children the money behind (even though the gf and I don't really need it as we are well off). Besides his job, he's never really accomplished anything in life, so he's extremely bummed about this.

Answer:
 Your father cannot unilaterally prevent her from taking marital property.  She's owed some part of "their" property.

He should hire a divorce attorney, like right now, and should review his options with them.


Title: Question about possible auto maintenance fraud.

Question: I had my car in for maintenance and an inspection and they gave my car back without checking or correctly adjusting the tire pressure after putting new tires on my car.  They had recorded the tire pressure as 35 psi for all tires but right after I left all four tire pressure monitors went off at the same time and none of the tires were at 35psi.  The front was 28psi and the rear was 32psi so that mean the service tech lied when recording my tire pressure.  Since they would lie and skip something that easy I’m worried they just lied and falsified the entire inspection and performed substandard maintenance to save themselves time.  Would lying on a car maintence checklist and not performing said maintenance that was paid for in advance to save time be considered fraud?

Answer:
 What did they say when you asked the manager what happened?

Sure, the whole place might be sleazy, or they might have one tech who is cutting corners, or their equipment is miscalibrated, or the guy recorded the pressure he was going to use but then forgot to finish airing them, or ....


Title: My sister is a lawyer. Is there anything I need to do to make her like my official lawyer? Would that be a bad idea?

Question: [deleted]

Answer:
 Here's what you do to make her your official lawyer:

1. Ask her to quote you a retainer. Ask for a payment plan, pay the first installment, then never pay again.
2. Call her at random times. Being extremely long-winded--and primarily focusing on your emotions and what you think is fair--describe all your problems that cannot be resolved through any legal recourse.
3. Disregard any advice that your sister gives you.

Congratulations! You have a lawyer!Answer #2: In your sister's place, I would not agree to represent a family member, ever.  It's an ethically treacherous area, because family ties may draw different loyalties.

What if you two have a falling-out as family members?  She would still be dutybound to represent you to her best knowledge and ability.  Do you trust she would do that *even after a massive family feud?*  Would you *want her to do that, after all that?*

Would you be willing to take her word, even if she tells you what you're doing is illegal, or legal but stupid (exposes you to liability)?  Would a business relationship (because let's not kid ourselves, it's a business relationship between you and your lawyer) sour your personal one, or the other way around?

Would **she** be OK with this dynamic?

Similar to the feud situation, she wouldn't be able to represent you in various different cases, where she may hold a personal interest (such as any relatives' estates, if you are both potentially inheriting), or where she may have other ties to the other party (say, you're suing her husband for a breach of contract).

All in all, I think there are too many potential pitfalls, and I'd never take on a family member as a client (and I'd be hesitant with personal friends, even).  My $0.02.


Title: Parent's Will. Interpretations? [Georgia]

Question: [deleted]

Answer: $10.


Title: Neighbors are harassing us, landlord already spoke to them, please help. Long post

Question:
Hi guys, thanks in advance for reading this.

TL;DR my neighbors are constantly breaking the lease by ignoring quiet hours late into the night, called cops on them twice, now we're being verbally assaulted. Unliveable situation

So it goes down like this.

Monday:9/21
Starting at 5:30pm, the neighbors from both neighboring apartments gather in the shared driveway and have a fire, yes a fire in the driveway (in a metal pit), and invite about 5-7 friends over for the fire and drinking. This goes on through the night when my girlfriend finally goes out  to ask them to take it inside (I was out of town for this incident). They refuse and continue to give her a hard time spending another 2 hours in the driveway. Meanwhile blasting music. Note there are quiet hours in the lease starting at 10pm. Also no fires are allowed in city limits without a permit, and then there are space restriction on top of that.

Tuesday 9/22: I return from my trip, nothing really happens.

Wednesday 9/23: I call the landlord to complain about this incident, he responds by saying they will speak to neighbor A but not neighbor B yet due to neighbor A history.
Wednesday night I am awoken to 8 dudes drinking and having a fire at 2am. Being very loud, neighbor A is not involved this night. Since I did not want to approach 8 drunk dude that I don't know, I called the police. They come and tell them to go inside and put out the fire, they do. 15 minutes later they are outside my apartment complaint about it and me then proceed to start another fire around 3 am so I naturally call the cops again, this time they disperse them and have them drive home. Night ends after a bit more complaining.

Thursday 9/25: I call the landlord again in the morning and report that the trouble is also coming from neighbor B. He tells me that he will speak the them in person that day.
Thursday night: I am there at about 8 and all the same cars from the night before pull up and they are outside again drinking and being loud. Around 9 pm my girlfriend pulls up getting back from school and is then immediately harassed by the neighbor B girlfriend, telling 'get to get a life loser' and 'do we have a curfew tonight' my girlfriend then comes in to get me visibly upset. I go out and confront the neighbor B guy about to which he asks why I called the cops and should have spoke to him, which obviously didn't work the first night. Then the girlfriend comes out and begging arguing with me and my girlfriend about how they don't have a place to go and that we better be prepared for Saturday night. She continues on about how my girlfriend isn't listening to her and then calls her a bitch, that immediately ends our concersation. I then go in and call my landlord and left a message about not paying next months rent and explains the situation. I also requested that he give my security deposit back due to the unlivable situation.

That night we drive to my fathers house to get away from it. And now I am asking you if there are legal actions to take against this or what to expect the landlord to do.

Thank you again

Answer:
 Every time they violate their lease agreement you can call the landlord.  Every time they violate a noise ordinance you can call the police.  Every time they do anything else you can ignore them.

You can give your landlord notice that you intend to move out, as per your rental agreement.  But you have to continue to pay your rent, as per your rental agreement.  If you simply stop paying rent because you don't think you should have to pay rent under these circumstances, then your landlord can sue you for the rent that you agreed to pay but didn't, as per your rental agreement.Answer #2: Give your landlord a chance to solve this.  By your timeline, you went from first complaint to threatening to withhold rent in 48 hours.  In that time, the landlord gave two warnings to two different tenants, which is a prompt and reasonable first response.

Unfortunately, it didn't work, but you have every reason to still believe the landlord is on your side here, and will escalate his actions appropriately.

If you threaten to withhold rent, however, you are now making it so the landlord isn't on your side any more, and now you are in a fight with both your neighbors and your landlord.  Why pick that fight if you don't have to?Answer #3: You can keep calling the police every time they break the law.


Title: [AB] What's the term for a fence that is put up just to annoy the neighbours?

Question: [removed]

Answer: Spite fence


Title: [VA, US] My girlfriend had her phone taken and data copied by her ex-boyfriend- including nudes we exchanged(we're both months away from 18)- and need advice about going to the police.

Question:
Was advised to post here after this: http://www.reddit.com/r/relationships/comments/37k28t/my_17_m_girlfriends_17_f_exboyfriend_17_m_stole/[1]

My girlfriend and I are both 17 and months away from 18, her ex-boyfriend stole her phone and copied all of her data to multiple places including messages in which she sent me nudes.

I was initially going to go straight to the police when I checked and found rulings about teens involved with consensually sending nudes like

    "In addition to the potential jail sentence and/or fine imposed by a Judge, a conviction for the offenses described above may require registration with the Sex Offender Registration Board for the next 20 years. Furthermore, the court may order the forfeiture and destruction of the computer or digital devices used."

and

    "even any minor involved simply in consensual sexting with a person his or her own age faces felony charges, up to five years in prison, and mandatory sex offender registration"

regarding sexting.

tl;dr: Want to go to the police about the ex-boyfriend but are afraid that the police will find out there are nudes we sent to each other (or the ex may tell them if we report him to the police) and we'll become registered sex offenders.

Topic:
Criminal Law

Answer: Yea probably not worth it. Stop taking and sending illegal photos.


Title: "Property manager", not landlord, using parental controls on internet in last month of renting

Question:
This is a very weird situation, so bear with me here...

I'm 32, and strangely enough a full-time single father (the mother became addicted to drugs after a surgery and decided that was more important than our kid).  I'm also disabled (Crohn's disease).

I've been renting from the same place for a year and a half.  There's a live-in "property manager", the home-owner's son, who's supposed to "manage" the place.  Anyway, this dude has been extremely fucking weird, abusive, and threatening, so I had to black-ball him and go to the owner - which was not an easy choice because I'd just assume he'd side with his son.  However, this was not the case and the actual landlord thinks I'm a pretty cool dude.  He's allowing me time to get out and he's told his son to basically shut up & leave me alone for the next 30 days while I go elsewhere.

Here's where it gets fun:  The landlord and I have an agreement that my services, including the internet, aren't supposed to be tampered with at all during the remainder of my stay here.  The little turd decided to change the WiFi password and use parental controls on the internet to block certain websites, namely Facebook.  I know - why am I bitching about FB?  Well, it's the primary tool I use to communicate with people, and now I need to coordinate a move and finding help without that tool.

So, weird situation summarized:  Landlord and I have a deal and his shithead "property manager" son is breaking that deal and no matter how many times his father tells him to put the internet back, there's no compliance.

There's also a deal where he doesn't touch my stuff and doesn't speak to me, those agreements are also being broken.

What the hell can I do?  Do I have any rights to tell this little puke that I'm going to get law enforcement involved to enforce the agreements with the landlord?

If it matters, I'm in Salt Lake City, Utah.

EDIT: I forgot to mention that the internet account belongs to the other roommate, not the shithead "property manager" son.  This other roommate does not agree with this and doesn't want him doing it, but she fears his "wrath", so to speak.

Life lesson:  Never become disabled - you get effectively walked on when you have to take awkward living situations.

Answer: You can do that thing that was effective the first time...where you told your landlord and he told his son to lock it up.


Title: NV Soon-to-be-ex lied about finding a new job and is burning through our assets. How do I protect us?

Question:
Summary: 1 yr ago my husband was fired for something awful but he's been lying about having a new job for months, pretending like money was deposited and burning our savings trying to make it look like we still had money.  I know I can't just start draining accounts, but if this divorce takes as long as I think it will, we won't have any assets left to divide & one of us will leave with next to nothing.  How do I protect our money without confronting him about what he did OR pissing off a judge?

Trying to make a long story very short, about 1 yr ago, my husband lost his job.  He said he'd been let go over a disagreement with the COO about the company's direction.  I wasn't happy about it, but he was making decent money (100k+ a year, not worth sneezing at in our part of Nevada) & I make 70k at the hospital, so I figured we could get through it.

About 3 mos in, he got a phone screen & then an in-person interview & then a new job.  He'd get up in the mornings, go for a jog, & dress up like he was headed off to the office. He'd be out of the house until after I got home or until after i woke up if I moved to nights.  He's always been a workaholic & I knew he'd want to make a good impression, so the fact that he was working more hours than a charge nurse didn't seem weird or anything.

About 2 mos ago, I found out he was lying to me about EVERYTHING. I tried to call him at work & the woman he said was his admin didn't know his name at all. She probably shouldn't have but she put me through to the hiring manager.  Turns out the phone screen was real & so was the interview, but he never passed the reference check.

He was fired for cause, not just disagreeing about the company's direction. I don't want to go into specifics but it's so bad I would be talking to lawyers just because of it even if he wasn't lying to me about having a new job.

Problem is, he's burning through our savings so he can keep lying to me & our neighbors about this great new job.  I know he's not doing it to make sure I can't fuck him in the divorce (I haven't confronted him yet), he's just trying to keep living the life we're used to.  I've been trying to tuck money away but it feels wrong to lie to him & I'm worried that's hiding assets or something.

I know the big thing is to get a lawyer and I'm looking for one.  I just want us to be able to divide assets equally when the time comes. I wish he could go to prison for what he did but I don't want him to starve & I'm not sure telling him that I know everything is a good idea.

Answer:
 Consult with a divorce attorney.  Ask if it would be appropriate for you to close any joint bank accounts and get your own.

If you need a referral to an attorney, contact your state's bar association.


Title: Our realtor used my wifes personal information to make a fake profile and fake review.

Question: Just like the title says, the realtor we used to buy our house used my wifes personal information to create a profile on a local neighborhood website with my wifes first and last name, along with our street adress. We have guardianship of a child whose mother we'd rather not know where we live. So were careful of listing our adress. He keeps begging us to talk to him, and even showed up to our house begging us to not tell his broker or hell lose his licence. We have no idea what to do or how much info hes leaked of ours, or any of his other clients. Should we contact his brokerage firm and make a complaint? How serious is making a fake review using someone elses info? Is this identity theft?

Answer:
 He was unethical and super poor judgment. In no way is this remotely appropriate and he is not trustworthy. Report him to his broker.Answer #2: Report report report.  Others (future clients, especially) need to know that this person cannot be trusted to act in an ethical manner with personal info.

/IANALAnswer #3: Sounds like that agent is very deserving of being subject to the repercussions of their actions.

Call the brokerage and ask to meet with the designated or managing broker. If they are not providing you with acceptable responses, there is a state licensing agency and or the state NAR with an ethics complaint.Answer #4: File a complaint with the Arizona Dept. of Real estate (www.azre.gov) ASAP.
Also file a complaint with his broker. This is unacceptable behavior. The ADRE takes these types of things very seriously. Source: am licensee in AZ.


Title: School Bus Company/Driver problems (New York State)

Question:
I have no idea how/if anything here is civilly actionable, but I'd really like some advice on how to move forward.

I have a child with special needs. She is essentially non-verbal. She takes a bus to a specialist school alone with an aid and a driver. The bus has video and GPS being recorded. We also have a GPS locator on her.

On the first day of school this academic year, the afternoon bus was very late picking her up from school and took a long time to get home. We reviewed our GPS information and it showed the bus seeming to get lost for a while, going in the wrong direction, etc. We chalked it up to confusion on the first day.

The next day, during her afternoon school bus ride, we got an alert from her GPS that she had stopped in an unexpected location. We checked up and found they'd stopped at a gas station for 14 minutes. They'd also taken a strange route again.

While we waited for the bus, we called the bus company to find out what was going on. They could not reach the bus driver or aid. Eventually the bus arrived. The 35 minute drive had taken close to 90 minutes.

When challenged, the bus driver burst into tears and said she had a) another child to drop off and b) had to stop for gas. The bus aid stayed very quiet throughout--he said practically nothing. We told her that she needed to check in when she dropped off the bus because the bus company wanted to clear up what happened.

The bus company asserted that no other child should have been on the bus. We notified the school that we wanted to find out what happened and told them what we knew so far. The last thing we got that evening was the bus company telling us that she had dropped off the bus but avoided talking to anyone.

The next day, the school told us that there was no second child on the bus. We notified the local police. An officer came by and took a statement from us. He told us that there was no evidence of anything criminal yet. The bus company was obligated to investigate, and would generally not try to cover anything up, because if they got caught, they could end up going out of business.

The school called back and told us that there had been a mistake, and there *had* been a second child on the bus that day. We went down to the bus company hq for answers.

They told us that the driver had overlapped two special needs students that should have been transported one after the other. The other student had been made to sit in a parking lot for 20 minutes waiting for our daughter. It was also strictly against policy to get gas while transporting special education students. Apparently it's normal to take up to 15 minutes to fuel these vehicles.

They also claimed that neither driver nor aid had their cellphones on them, which was why they could not be reached. Multiple messages had been left for the driver, but she ignored them and went home. The next day they pieced together what happened from their own GPS data.

We told them that we thought very strongly that the driver should not be driving a school bus with that.kind of decision making. They told us they had video on all of those buses and the school could view the recordings to verify nothing untoward happened.

Today we have been told that the files are corrupted and cannot be viewed. The school says nothing like this has happened before--they have seen plenty of school bus videos from them before.

Meanwhile, my daughter shows no physical signs of abuse or molestation, but has stopped sleeping through the night and has begun crying intermittently with no explanation.

TL;DR: Bus driver went off the reservation with non-verbal child. Bus company being (maybe) obstructive.

Answer: I'm not a lawyer, but I would say you need to talk to one who specializes in special needs children.  There are too many things that "went wrong" during this that makes me think they are covering up something.  The fact that the files are corrupted when asked for them and your child has a change in behavior are big red flags.


Title: [CA] Former Employer owes me 60% of pay and Fired me with Job abandonment

Question:
TDLR; Former job at Amazon Fulfillment put me on a LOA and agreed to pay me 60% of pay while gone. Had me jumping hoops for only $40 every two weeks. Then when back to work, gave my 1 week notice over the phone with there HR Line and weeks after got a email showing I was fired for job abandonment.

Okay this might get lengthy but please bare with me and give me all the negative and positive feedback and advice as possible.

So back in 2016 (September) I was hired as seasonal employee at Amazon Fulfillment as a Packer. Later (December) I was converted into Permanent Employee. One day coming into work, around January 1st, 2017, my department was switched to Pick which I was okay with until that specific job became strenuous on my left shoulder. Back in April/ May 2016, I was in basic training for the army and the M16 practice messed up my shoulder.

The pain got worse at work so I went to my jobs onsite nurse; he then recommended me to see hr to put me on a COA I think it was, don’t mock my words on what it was called but basically I was put on a 7 day leave and during those days, I was required to get documentation on my injury from a doctor. I went to a Urgent care and got that documentation, sent it to HR and then was put on a LOA. During the leave, I was told to get more documentation from my doctor and to fax it in on which I went back to the Urgent care to the same doctor and when I sent the documents in, I was told I needed an “actual” doctor, on other words, a primary care doctor. I never gotten a doctor on my own so my mom helped me out since I wasn’t on her insurance anymore. Once I got a primary care doctor, I got documentation from him showing I can’t work due to my shoulder issues. My LOA was denied and Was told to get more documentation. My doctor denied giving them the information they asked for because what they asked of was something he was unable to disclose for the privacy of his patient (myself). All that led to even more running around. I then was able to get X-rays and a MRI which showed I had a tear in my left shoulder. I sent in the documentation for this and another doctors note stating I can’t return to work. HR/LOAA Team kept asking for documentation on this. After about a week of going back and forth, I was approved for my LOAA as of March. I was told and also was sent a letter in the mail stating I get short term disability pay, 60% of my weekly pay starting on the 15th day of my LOA. After being informed on this, I spoke to the LOA team and they confirmed that this is true BUT I need to apply for short term disability through the state first and if the state denies me then my employer will pay the 60%. I went to my doctors to get my State Disability Papers filled out (it was partially filled out because my doctor didn’t want to disclose information again) and I mailed it in after. Got my letter that it was denied and faxed it to HR/LOAA Team. Then was told those were not denied papers, and I’m pretty sure if the letter shows denied then that means I was denied. With my depression and anxiety, I just got overwhelmed and just wanted to return to work because this was too much just to get paid and I had family issues with bills and other things needing to be paid.

It became a whole other issue just to come back to work. My doctor wrote my note to go back but with restrictions, HR denied the request so I went to get another note stating restrictions that will allow me to go back to my previous department; denied again. I then got a doctors note with no restrictions and to return to work mid April; denied again because I needed documentation... so the doctors note wasn’t enough. They wanted my X-rays and medical records. I was able to get the X-ray records showing I had a tear and a new doctors note to return mid May. Was approved and went back to work.

Now, when I went back, I was still in the department they switched me to (pick). Everything was hard on my shoulder and I was being told to quit by family before I really mess myself up. Later the next week, I called the HR 24/7 line and put in my 1 week notice. The man on the phone said he wrote it in the notes and apologized for my experience at Amazon; he then confirmed again that this was my 1 week notice. After my last week, I was done until I got a email stating I was fired upon job abandonment on June 22nd and won’t be able to apply for a year. I called the same number and was told there was no record of me putting in my 1 week notice nor a phone call being made. A month after, I called again and was told the same things about no record.

Being that my depression gets the best of me, this whole process has been a huge problem and it’s taken so long to even want to move on with it because its overwhelming for me. I understand it’s my fault as well, I’m just happy that I even came this far to ask what to do and would appreciate all the advice whether positive or negative.

PS. I am diagnosed with severe depression just so people don’t think I’m making anything up.

Answer:
 Your post is much too long and full of extra information we don't need.

I see nothing illegal about the situation where you might have recourse. If you haven't been paid and time due with your final paycheck, you can make a claim with DLSE. You may be entitled to a waiting time penalty.


Title: How to get rid of an unwanted guest?

Question: Hi reddit. Need some help. So a couple months ago the owner of our houses' bf moved in with us. He doesn't pay rent or contribute anything around the house. Now the owner wants him to leave but he's argueing that since he's established a residence (something to do with squatting I think?) he can't be forced out legally. Is there anything we can do about this?

Answer: You didn't provide your location, but he is likely correct in that he has established residency so you will need to follow the eviction process for your jurisdiction.


Title: How do foreign actors work in the United States?

Question:
I'm not talking about famous A-list actors.

I mean regular actors who, for example, come to the U.S. for pilot season to audition for TV shows, or actors at the beginning of their career.

Is auditioning essentially just considered applying for a job, and if they get the job, they'll get a work VISA?

But obviously not all jobs work that way. Foreigners can't just apply for any job in the U.S. and get a VISA just because they go a job. Aren't there rules like there have to be no qualified U.S. workers available?

Answer:
 > Is auditioning essentially just considered applying for a job, and if they get the job, they'll get a work VISA?

There are special visas for athletes and entertainers to cover exactly this issue.  They have different requirements and rules than regular visas.

There's one type that works for entertainers exactly as you've described - if they get a part, they can get a work visa that lasts the length of the part.


Title: Best friend thinks I ruined his marriage, might take revenge.

Question: [deleted]

Answer:
 Cameras?

ETA you should probably go on and return those tools, too.


Title: Writing a forced resignation letter NY

Question:
The other day I got a terrible rash/infection. I called my employer and followed the sick leave procedure. I saw 2 doctors and have 2 notes. The employer is not happy I called on sick and I think  I might get the resign or get fired choice.

What should I include in my resignation letter to help me obtain unemployment insurance? I was thinking of calling it a forced resignation.

To answer some questions asked I would rather have a resignation on the human resources record then a termination.

This is NY. Thanks.

Answer:
 Why would you agree to resign or write anything?  A forced resignation isn't a thing.

If they hold a gun to your head and tell you to write something, simply say "I would like to continue working here under the terms of my existing employment" and move on.


Title: College Acknowledges I Have a Medical Disability But is Unwilling to Provide Accommodations

Question:
I live in Virginia and am attending a school near Roanoke in the fall. I have been conversing with them via email and phone about possible accommodations for my severe Irritable Bowel Syndrome (IBS). I am on long term (and as far as I know, permanent) medication. I have to take frequent bathroom trips, have problems with "urgency" (needing to go to the bathroom immediately; every bathroom trip is "an emergency" as I have little control over when my body decides I need to defecate), and on infrequent occasions I get what my doctor called "stomach migraines". Like a conventional migraine, it involves excruciating pain, but in my abdominal and rectal regions, and it's not very clear what causes it. The pain is so bad that after my last one, I had difficulty walking because the nerves in my ankles and legs were sore from the pain. These migraines can last anywhere from a day to a week, and are more likely to occur during periods of high stress and when I am low on sleep. I have lower back problems that are also related to the strain on my rectal region.

I decided to apply for a Special Housing Accommodation (SHA). I wanted a private or at least semi-private restroom because of my problems with urgency and because I don't want to alarm people if I'm wimpering/crying in pain from the stomach migraine (which has happened) nor do I want to deal with that in a public restroom. Years of stomach problems have left me deathly afraid of public restroom usage and having to defecate in a public restroom or while people are being loud outside the door gives me anxiety and my doctor has sent the school a letter of recommendation for said private bathroom based on this anxiety alone, physical problems notwithstanding.

The school recently emailed me after "much deliberation". They stated, quote "We acknowledge that you are suffering from a medical disability. However, we do not deem your request for a private restroom reasonable. Our suggestion is that you obtain a room with close proximity to a standard restroom."

Now, this school has massive housing problems. Last year they couldn't fit all of the freshmen into the dorms and had to start putting three people in two-person dorm rooms. I can understand not wanting to relinquish one of their few dorms with a private restroom to someone who will not be paying the extra money for it. But I truly do feel I need these accommodations until I can get a better grip on this disease. Sometimes I feel like I'm acting privileged or selfish, but I try to push those feelings aside. I do not feel this is an unreasonable accommodation request considering the scope of my illness.

In addition to this problem, the school has previously told me that if I accept any SHAs, I will be automatically removed from the Living Learning Community I applied for since the building it is housed in does not have those accommodations (for those who don't know, an LLC is a special dorm area that people with the same major live in; I chose the Engineering LLC). This I can understand; that building just doesn't have what I would need, there are no private restrooms. However, I received pre-approval for the program along with a scholarship that was contingent on me being enrolled in the LLC. I contacted the Financial Aid department to see if that scholarship would be revoked if I was forced to quit the LLC due to the SHA, and they were ambiguous as to whether or not it would be. To revoke it I *know* would be highly illegal because they'd be revoking a financial aid reward purely because I could not participate in the program due to a medical disability that *the school acknowledges*.

My legal question is this - if I can't try and persuade the school into providing proper accommodations, do I have legal standing to sue for infringement of the Americans with Disabilities Act?

Answer:
 I doubt you’d get anywhere if you tried to make a court case out of this.

Your condition, while understandably something you’d like to keep as private as possible, doesn’t prevent you from using a communal bathroom. Even taking into account the fact that you might be more comfortable handling your condition with a private bathroom I don’t think the school is being unreasonable.

They’re not required to provide you with an accommodation. They’re required to provide you with a **reasonable accommodation** if doing so is *possible and doesn’t prevent undue hardship to the organization.*

“Reasonable” isn’t a set standard. What is a reasonable accommodation at one school for one person may be entirely different than at a different school for the same person with the same condition.

If the school is already having issues with housing all of their students, then the bar for what is an unreasonable accommodation request in is set at a much different level than if they had ample space.

If their population is larger than capacity, the number of accommodation requests is also likely higher than capacity. That’s something you have to consider, too. They can’t accommodate everyone with a disability or medical ailment, it’s simply not possible.

However, most schools have some sort of appeals committee for this sort of thing. Talk to someone in Residence Life or the office that handles Students with Disabilities. If you’re lost on who to call,call the Student Affairs office and they will direct you. Who knows, you might get somewhere Answer #2: Are you also worried the shared bathrooms will be often occupied, so you can’t access them? I think the school just has to provide accessible restrooms...


Title: What happens to your house when you die?

Question:
Hi everyone,

I live next door to an elderly man (in Santa Clara county in California) and his family who have lived in their house since the 70's. I'm pretty sure the house is paid off. When my neighbor passes away, will his (somewhat sketchy) heirs automatically get the house, or is there an estate tax involved that they will have to pay somehow? I'm curious if I'm going to have to live next to the sketchy heirs, or if I should sell my house and move away before the elderly home owner passes away.
Topic:
Wills Trusts and Estates

Answer:
 > What happens to your house when you die

The house attends the funeral, goes through some sad times, drinks it away. The pain subsides day by day. He gets by, a shell of a house he once was.

No seriously, it goes to whoever he leaves it to. If he doesn't leave it to anyone specific, it goes to his next of kin.


Title: Amazon charged a card not in my name or address, with no expiration date.

Question:
Amazon charged a card that hadn't been used in at least three years. The card had no exp date on file was not in my name, and had no CVV listed. I would like to open a class action suit against this practice. What are my options?

Located in Wisconsin

Answer: So you gave them some inaccurate information to charge, and they did?  And your damages are what, exactly?


Title: The company I work for needs people. Can I stand outside a second company that's closing a plant telling those people to apply at mine?

Question: Company I work for is expanding and hiring. A completely different company is closing their plant nearby in a few months. Would it be illegal for me to stand outside their property with a sign saying we're hiring and handing out business cards?

Answer:
 It depends. Honestly though - often companies closing plants both are giving severance packages and helping with outplacement. I might reach out to them to see if that was the case. Also what is your position within your company? They might not take kindly to you doing either of those.Answer #2: Does this factory have a union or other employee group? Because you could call that group (whose affiliated but not part of the business) and let them know of the job opportunities

Maybe they have a Facebook page or something similar as usually when people get laid off they start communicating about job opportunities Answer #3: Contact that company.  I have in the past worked with closing sites to help their workers find a new job.   This may require some agreement on when they come on board.


Title: Please help: landlords locked me out of my rented room for not following their unreasonable rules (stripping on the driveway where everyone can see me so I don't bring "contaminated" clothes home), police won't come, can I break the lock to enter my place?

Question:
Follow-up to my [previous post](https://www.reddit.com/r/legaladvice/comments/gdixab/my_landlords_made_unreasonable_demands_then/), see it for more detail.

Basically my landlords locked me out of my place because they fear I'm going to contaminate them (I'm a grocery store worker so I'm exposed to coronavirus). They want me to strip in my car so I don't bring back dirty clothes close to the house. I refused because  it's a 60 feet walk from the driveway to my door and everyone can see me from the street. They are terrified so they changed the lock on my door with all my possessions inside and told me they'll trespass me if I enter their property before the end of the pandemic. Aswas suggested here, I told them I would call the police because it's an illegal eviction but they answered it's not because I'm not really evicted, it's just temporary until the end of the crisis.

Then I called the police and they said they won't come for this as it is a civil issue. I called twice and had the same answer. Landlords wouldn't budge so I had to spend a second night in my car. All my things are locked in my room, I have no access to a shower even though I'm exposed at work and really need to get a shower and put on clean clothes when I come back from work. I would consider sleeping somewhere else but I need my stuff. If the police won't come, do I have the right to break the lock and open the door to my room, or is it breaking and entering? Can I be trespassed? I don't want  to escalate the situation but I don't know what else I can do.

&#x200B;

Edit: location is Michigan

Answer:
 > I called twice and had the same answer.

You need to call back and demand an officer respond. Per [Michigan EO 2020-54](https://www.michigan.gov/ag/0,4534,7-359-82915_82919_82241---,00.html), your landlord is **prohibited** from removing or excluding you from your home unless you "pose a substantial risk to another person or an imminent and severe risk to property." Furthermore, it states that "a willful violation of the Governor's order is a criminal misdemeanor."

If the police officer answering the phone refuses to dispatch an officer, ask to speak to the duty sergeant. You're being illegally prevented from accessing your place of residence.


Title: Sovereign Citizen Offenders

Question:
I'm a corrections officer, and I saw one of the sovcits my prison do something I've never seen before. I was wondering if anyone here would be able to explain the bizarre thinking behind this one.

The offender was signing for his legal mail, and to do so, there are columns labeled "Offender Name", "Offender Number", and so forth. Everywhere it said "offender" he crossed out the "r". Is he trying to void something? Anyone know?

Answer:
 No.  He's making the claim that he is the victim.  He is not the ofendER, he is the one being offended against.

It's as dumb as everything else they do.


Title: [GA] Got offered an internship. They want me to work 9-5 Mon-Fri for $500 a month. Is that even legal?

Question:
That's like $4.25 an hour...

Please let me know if there's anything you would like to know.

Answer:
 If it is a legitimate, bona fide, honest-to-God internship, where the purpose of the internship is to further **your** education and *not to benefit the company itself*, then sure, you don't have to be paid minimum wage and instead can be paid nothing or some other amount.

Most things billed as "internships" aren't, though.  Mostly they're just companies who want free work and don't want to pay for it.


Title: Wife let her boyfriend move in to our house

Question:
My wife left me several years ago.  She has yet to file for divorce.  She recently allowed her boyfriend to move into the property we still own together.  Her boyfriend is also separated from his wife, but not yet divorced.

My question is, in the state of Missouri, can the boyfriend or his wife lay any claims of ownership on the property now, or during their eventual divorce proceedings?  If so, what recourse, short of filing for a divorce myself, do I have to protect my investments in the property, which are substantial?
Topic:
Real Estate law

Answer: File for divorce. You gain nothing by not filing and put yourself at substantial risk by not doing so.


Title: Jury duty excuse denial (graduate student) KY

Question:
Hi there, I'm a graduate student in Kentucky and was recently notified of jury service. I submitted a letter requesting an excuse (as I am a student and a sole parent whose daily struggle with school/domestic obligations leaves me hanging on by threads), along with documentation of my class schedule and my daughter's daycare documentation (this is important because I commute an hour to school each day, and switched her childcare provider to be close to my school, making getting her to daycare at open and back to my city of residence in time for court impossible).

&#x200B;

**My request was denied.**

&#x200B;

 I looked up what kind of things I can do, but most responses are "quit making excuses and perform your civic duty".  If I miss a month of my program I will be dismissed. My program does not know what to do because no student has ever been denied. There do not appear to be any laws in KY to excuse my absence. Even if it were excused on paper, I couldn't keep up with my program after missing a month, and the program is cyclical, as in, if I need to step out I have to wait a year to resume classes. I have SO much student loan debt, as I've been paying for school and expenses associated with raising my daughter wit them. I can't afford for them to go into repayment. I can't even afford to miss a month of income from my job, I won't be able to afford rent. Getting this degree was my \*future\*, my daughter's future. I grew up in poverty and don't want my daughter to. I don't have any family support to rely on in terms of finances or childcare.   I followed the protocol. I provided detailed documentation. Is there anything else I can do?

&#x200B;

Tl;dr: jury duty denial, afraid of being kicked out of grad school, want to be able to provide for the needs of my child, don't know what to do.

Answer:
 You could try having somebody at the school writing a letter. But at this point you’re required to show up since you’ve been denied.

Worse comes to worse you make it so you don’t get picked for the jury so you’re only missing a day of class. Exhibit odd behavior when being interviewed, ask them to repeat questions and say you dont understand, come unshowered in dirty clothes...stuff like that normally works. You have to make yourself undesirable. Nothing illegal about this, just unethical. Good luck


Title: How do lawyers "win" or "dismiss" traffic tickets such as speeding or stop sign but normal people can't?

Question:
Location California Los Angeles County

So my lawyer claims that a ticket I got 1 year ago which I'm certain where im from officers don't show up most of the time, that he can dismiss it during trial.

The other case which I am certain since it's in a poor County and the officers need the money they will show up, I was going 85 in a 65 and he's saying he's gonna dismiss it.

May I ask how lawyers can claim this and win? Is there  some secrets they have that I don't know about?

Answer:
 Judges and prosecutors don't want to stand around and listen to a traffic attorney badger a cop for hours on the technical specifications of his radar gun and when the last time he calibrated it was.Answer #2: On top of generally just knowing the law and the likelihood of success? He probably knows the officers and judges better than you. He can also have some say in when the trials are held unlike pro se defendants. Answer #3: The secrets of the mysterious *law degree* and *bar license*...wooooooooooooooo...

In all seriousness, because they're lawyers. They know the law, and traffic tickets work with prosecutors in traffic court all the time. Hell, they probably play poker together. He can just ask for it to be dismissed. And if he can't get it dismissed, he can likely get it reduced. It's not "winning" really; it's "settling". Winning implies that you get taken (depending on your location) before a judge to argue your case, you lose, you appeal *de novo*, go before a jury, and you win. Or you win in front of that first bench trial.

So instead of paying the court, you pay him. He thanks you for it; he probably has $100K+ in student debt (unless he's old and wizened).


Title: [MO] Rape Threat from an Abusive Ex-Boyfriend while in a Highschool Class

Question:
For some background, I'll say how I got here:
I'm currently a junior in high school. Last year I got with a guy, I'll call him "Ro", who's pretty popular and he was fine for a while. His friends didn't really like me and all he really wanted me for was to be eye candy and to have sex. It doesn't help that at that time I was questioning a lot about myself.
One day, I came out to Ro as Female To Male Transgender. He was not okay with this. He began to abuse me and I began to hurt myself to help with the emotional pain. Ro knew this and used it to push me, almost to the point of suicide, before I broke up with him.
After I broke up with him he didn't stop hurting me. He and his friends have been bullying me ever since then. My school's administration has done nothing about it either, even though I went to them repeatedly when this first began, so much so that I've given up. The school is in one of the worst anti-LGBT areas in my state, so faculty, teachers, students, police officers, and even my own parents are all very against transgender people, which is why I am not currently too many people. Luckily, I'm only bullied by a few people, Ro, and his friends.
But today, this bullying went to a whole new level. Ro sent a message through one of his friends to me. His friend said that he was going to rape me.
Unless I met some simple demands:
On the last day of the senior school year I would have to wear a short, sleeveless dress (one that he used to love seeing me in), along with a full face of makeup, and a bra that makes my chest look huge, along with acting like I am a slut and like I'm still his girlfriend.
He's just trying to humiliate me, of course. He and his friends want to show me I'm just a silly, little, defenseless girl that follows her boyfriend's orders along with being able to call me an attention whore for my self-harm scars. I should just do what he wants and wear the dress.
Of course, I don't want to do this, and one friend advised me that I shouldn't do it so it doesn't happen again. And since the punishment for not doing it is being raped, I should've just told my teacher and gotten them in trouble. Except, Ro knew I would do that, and said that if I told anyone at the school, admins, teachers, or even other students, that he will find me and "make me pay".

I'm scared and confused on what I should do. I still have time to make up my mind, but I don't know how they'll get into trouble or what will happen to me if law enforcement gets involved. I'm scared to be out, I'm scared of Ro and his friends, I'm scared of the attention this will bring me, I'm scared that even if I do what he wants he'll still hurt me, I'm even scared to just go to school tomorrow.

Does anyone have any advice on what I should do or who I should go to?

[Edit] Does anyone know if there is a way to anonymously contact the police and report him? I don't want him to find out it was me that reported him, but if a friend of mine could report him or I could report him anonymously that would help me out a lot!
Topic:
Juvenile and Youth Law

Answer:
 You're being threatened with grievous harm, blackmailed and coerced. These things are crimes.

Report them to the police right now. Don't mess around with this stuff, keep making noise until you meet someone who knows this isn't a game.Answer #2: Call the police. Answer #3: This is not a matter for school officials or teachers.

It is a matter for the police.

Don't play into their games.  Take the message to the police.


Title: Representing yourself in a criminal case

Question: Anyone had any experience in this? The court says I'm not eligible for public defender, but I can't afford a lawyer.

Answer:
 Don't do it. Beg, borrow, and sell to afford one. Abraham Lincoln Had It Right - “He who represents himself has a fool for a client”Answer #2: The prosecutor who will be working to convict you spent three years in law school, passed an insanely hard test, and likely has years of experience doing this.

You're asking on reddit for help.

That's the current imbalance of skill and knowledge in play here, with your freedom at stake.

You need to figure out a way to get a lawyer or the odds or you being convicted are enormous.Answer #3: Is it a misdemeanor with no jail time?  Why aren't you eligible for a public defender?

Your chances of conviction if you go to trial representing yourself are roughly 99 percent.  Don't do it.


Title: Can I apply/do I have American citizenship? [Canada/USA]

Question:
I was born in Canada to married parents, my mother was a US citizen, and my father was Canadian.

My mother lived almost all of her life in the US, and only spent about 10 years in Canada before they split up, and she moved back to the US.

From what I can tell, I have US citizenship based on her nationality when I was born, and I should be able to apply for it through [Form N-600](https://www.uscis.gov/n-600).

I just want to make sure that I am actually eligible to apply for a certificate of citizenship before I go through with anything.

Thanks in advance!

Answer: Timing matters. What year were you born? She needed to have lived in the US for about 5-10 years *before* you were born--some of those years need to be after she reached age 14---so if she gave birth to you after 1986, and was 19 or younger, you do not automatically qualify. If it was before 1986--it is 5 years, and only 2 after 14. (So as long as she was 16 or older you qualify ).


Title: Is it legal for my school to have a non-functioning handicap stall in a bathroom?

Question:
I am an American in a public high school. In the only bathroom in the performing arts hallway, the handicap stall is nonfunctional due to a broken lock on the door. I'm currently on crutches and am getting a wheelchair soon for a knee injury and find it very hard to maneuver in the smaller stalls. The lock has been broken since last year and there have been no attempts to fix it yet. Is it legal for my school to do this? Is it a direct violation of any disability laws?

I want to address this with the principle personally, but want to get all the legal information first to present a case that makes them expedite the process. Thanks ahead of time!
Topic:
School Related Issues

Answer:
 >I want to address this with the principle personally, but want to get all the legal information first to present a case that makes them expedite the process. Thanks ahead of time!

Are you aware of anyone else reporting this issue to the school? Perhaps there haven't been attempts to fix it because not one's said anything. Having worked in IT before, it's amazing how many people encounter something like a jammed printer or a projector with a burned out bulb and grumble about how IT hasn't fixed it yet, but no one even let us know about it in the first place!

If you're not aware of it being reported previously, I might even suggest just asking the office staff how you officially make a service request. They should point you in the right direction.

As others have said, as long as the stall isn't viewable from outside the bathroom, and as long as everything else in the stall is operational, there very likely isn't a legal issue here. And even if there were the chance of legal issues, if its the first time its being reported, waving around legal threats wont' really endear you to the school staff. That kind of stuff may make them less likely to try to help you out in future non-legal issues.


Title: Multiple CPS reports

Question: My ex has called CPS on me four times. Each case has been closed and nothing was done. This last report was because he was mad that I called because my son was saying someone was putting their “pee pee” in his mouth. He called and told them he got a bite on his lip from my dog. All of this has happened in the last two years. Could I file harassment charges against him for this? CPS has told me they are fed up with him doing this but have to respond. I am out of ideas on how to stop this. Thank you for any advice!

Answer: So why haven't you contacted CPS yourself regarding the claim of sexual abuse by your child?


Title: How can I divorce my husband without losing green card?

Question: I am 22 and I marry an American man in my country first and then we went to America and marry again for me to get the green card. He has alcohol addiction and went to jail for 2 years. He will leave jail in June 2018. I do not want to be marry to him anymore but I do not want to lose my green card.

Answer:
 YOu'll need to contact an immigration lawyer and see if it's possible. Answer #2: Did you marry him specifically to get a green card? Or did you have a long-term relationship before your marriage, and you applied for a green card to live in the US?

If you married him only for a green card, that's immigration fraud and the US doesn't look kindly on that.

As you were married for less than two years at the time you applied for your green card, it is conditional. You will have to renew after two years for a new green card. You /can/ be divorced or separated to do this, especially as he is in jail. However, get an immigration attorney. You will have to prove that you entered into the relationship in good faith, and that the problems were irreconcilable. You can be divorced and still qualify for residency or citizenship on your own.


Title: [AR,USA] Parental Rights Termination of Father in Prison

Question:
My ex-husband was just incarcerated for the sexual abuse of my daughter, his step-daughter and two others. He has confessed to all of it, and has 13 felony charges. His wife wants to divorce him and has heard that it is possible to get a divorce if one party is in prison for very cheap. Is this true? Also, she would like to terminate his rights to her son that she has with him (of which the court granted sole custody to her) and change his name. Is that possible, and if so, how would she go about that?

On my end, I would like the same for my son and daughter (both biologically his) and my husband would like to adopt them. We don't want any of the children to share a name with their bio father. Is this also possible, and if so, how? There is already a protection order in place for no contact with the children by him.
Topic:
Custody Divorce and Family

Answer: Due to the seriousness of your ex’s conviction you appear to have a sound case to ask the court for the termination of parental rights. . It would be prudent  to hire a lawyer to advise you on the proceedings and how to submit your requests to the family court.


Title: How can you legally set a college fund that only the child can access?

Question:
Sorry, state is Texas.

(warning, the video is hard to watch)

[A video](https://www.facebook.com/MichelleObamaFor2020President/videos/1813558788920713/?hc_ref=NEWSFEED) recently surfaced that has a lot of people very upset. With good reason, it's horrible.

People are talking about setting up a college fund for this child, but don't know how to proceed. What would be the first steps?

Answer:
 Are you asking how to set up a trust fund?

Hire a lawyer to establish a trust, then go to the bank of your choice and open an account for the trust. Then deposit money into the account.


Title: Copyright Firm Wants to Sue for $3,000 for Reposted Image. Help Please? (Austin, TX)

Question:
Hi everyone,

I was hoping you could help my friend and I out.  My friend (let's call him Ted) set up a website about 8 years ago and we've had a bunch of us post content on it to a decently-sized audience.  On Christmas day in 2010 one of our former writers posted a typical "happy holidays" post containing a reposted image from Cheezburger, the meme website that all of us at one time or another discovered.  Today, Ted received the following email:

>Dear Mr. Ted:
>
>This email is a follow up on the letter you received from our firm dated 12/22/2015.
>
>This is a reminder that copyright images owned by our client were discovered on the Mr. Ted website(s) as the exhibits attached to the letter show.
>
>  Our client is willing to settle this matter out of court and without a lawsuit. If this case goes to court, the cost of the lawsuit is usually paid by the infringing party and can result in judgments, wage garnishments and liens to pay damages. Therefore, it would be cost effective and time efficient for you to deal with this matter promptly.
>
>  IT HAS BEEN 7 DAYS SINCE WE SENT YOU A LETTER VIA POSTAL MAIL AND WE HAVE NOT HEARD FROM YOU YET. ONCE 30 DAYS IS UP WE WILL RECOMMEND TO OUR CLIENT THAT THEY FILE A LAWSUIT IN FEDERAL COURT.
>
>  To resolve this matter promptly and amicably, please follow these steps:
>
>   (1) Immediately after receipt of this email, remove all occurrences of the image from your website(s), cease using it in any way, and confirm in writing that you have done so
>
>    (2) Immediately after receipt of this email, return to our firm the attached Release License, along with your payment in the form of a valid cashier’s check or money order for $ 3,000.00 payable to ''X''.  This can be returned to us via US Mail. You can also pay online at . If you choose to make your payment online, you can return the Release License via email to X. The email must include the case number (XXXXXX) in the subject line.
>
>  Please find the following items attached:
>
>  (1)  Power of Attorney – Representation Agreement
>
>  (2)  Copyright Registration
>
>  (3)  Evidence of the Infringement
>
>If you would like to speak with a member of our legal team about this claim, please call X or send email to X
>
>Best Regards,
>Copyright Division
>
>Law Firm of X

It seems that they decided to send this to us just three days prior to the 5 year statute of limitations.  Huh.

The infringing image (which I'd rather not post here because who knows what would happen) was posted by one of our former writers who left a couple years ago.  Since none of us have almost any legal understanding as to what we can do, I was hoping we could get some advice from you guys.  Any help would be appreciated!

Edit 1: one of our team members noticed that the plaintiff didn't copyright the image until ~~August of 2012~~ June of 2015, long after the 12/25/2010 posting date.  Does that mean anything?

Edit 2: We've removed the image from our site, it is no longer accessible.

Edit 3: The image in question (which took a while to find on the plaintiff's site) was created and uploaded in December of 2008.  Isn't that well outside the bounds of the discovery rule?

Edit 4: I'd like to thank everyone that has popped by today and left us some advice: we're going to compile everything we've learned in the past day and see about meeting with a lawyer probably in the next week or so.  I think it's safe to say that they cannot seek from us any attorney fees or statutory damages since the image was copywritten well outside the legal bounds of the 3 month limit.  At this point, from what we understand, they'd only be able to pursue actual damages based on how our use of the image would have impacted their sale of the picture and even then we could probably require that they provide us with a proper estimate.  Given that it was 5 years ago and the nature of the Christmas posting to wish everyone on the site happy holidays, I'm going to guess that said number would be very, very small.

If anyone has some more advice that they are willing to share, we'd happily take it!  I'll check in in the morning, y'all have a good night!
Topic:
Intellectual Property

Answer:
 Not a lawyer but went through a similar situation. In my case I got an image from a place I don't remember. I ended up NOT using it on any page but had uploaded it to our web server. Somehow they still found it and a year or so later we got a similar letter as you did.

In doing some research on the company that sent us the letter it was interesting to read a lot of similar stories. Basically, they would hope the letter scares people enough to cough up some money but they would never take anyone to court. We decided to delete the image from the web server and not respond to them at all. We never heard another word form them at all.

Answer #2: IANAL - It's always best to speak to a lawyer; Sounds like scare tactics.
*Usually* in order to be awarded any kind of settlement in court, the plaintiff would have to show that there was some sort of monetary loss and that the defendant was willful in the copyright infringement. They should have sent a cease and desist letter first, rather than just demanding money.
Immediately take down the image.
IF it was a former employee who made the posting, it would be enough to show that it was not willful and that you are currently doing everything in your power to correct the problem. Granted, ignorance is not a defense, but it does say a lot if you are willing to rectify the problem.
Take down the image and reply to them that the image has been removed but you see no reason that you owe them $3k in compensation without just cause.

Again, IANAL, but I have personally been through similar situations with content similar to this.