Title: Taking the wife away on a weekend trip. Leaving kids with Grandma. Is a power of attorney going to do anything to help them?

Question:
We are traveling out of state, about 5-6 hours away. We're leaving on a Friday morning and returning on a Sunday night. We're leaving our three boys with my parents (paternal grandparents) while we're gone.

My wife thinks we need a temporary POA in case the children need to go to the hospital or some other emergency situation. Is that really necessary?

If we did get it, would a notary have a template to do something like this, or do we need hire a lawyer to draft it?

Thanks!

EDIT: Sorry Sorry Sorry LocationBot. I'm in PA (not that you'd have accepted that anyway..)

Answer:
 I'm a lawyer that, among other things, regularly drafts powers of attorneys, although not in your state.

A POA wouldn't accomplish what you want it to.  And as others here have said, it wouldn't be necessary for your parents to obtain emergency medical care for your kids.

A financial power of attorney would give your parents the ability to make financial transactions on your behalf, everything from pay bills for you, to handle real estate transactions. Nothing you would need for just a weekend away. It would have no effect on care of your kids. Similarly, a healthcare power of attorney, signed by yourself, would allow your parents to make healthcare decisions for your care, if you would become unable to make your own decisions due to illness/injury/age.  So it wouldn't help with care of your children.

You're thinking of establishing a temporary guardianship, which is not a simple or cheap process, and which would frankly be completely overboard for a weekend visit.

If you and your wife really want to cover your bases, you want to make sure you each have valid wills, which among other things nominate a guardian for your children in the event something tragic happens to the both of you while you're gone.  Frankly, it's a good idea to have this in any event.
Answer #2: That's overboard. It's not like they would deny necessary medical care. But leave them a copy of the insurance card. (front and back).


Title: Is it legal... Opening a print your own gun shop.

Question:
So from what I gather with reading the news and some mild research it appears to be legal to:

   Manufacturer your own firearm as long as it falls within existing regulations (I.e. No machine guns, must have enough metal to be detected)

 It is also legal to distribute, possess and print the Cad diagrams that make 3D printable guns.

Technically it's feasible and economical. Legally it sounds like a potential nightmare.

People could go to a shop, rent time on a printer, and the shop could offer a consulting fee.  No guns are being sold, simply time on a printer.  Or is it more of just a maker space, people can print whatever just including guns.

It seems legal but I definitely feel like the ATF would shut it down.

Answer:
 This is the definition of a not-Internet-stranger-advice, not-DIY, find-an-attorney question (regardless of missing location).

Edit: Okay, OP has now provided a location. I get it.Answer #2: This is exactly what [Daniel Crowninshield](https://www.justice.gov/usao-edca/pr/sacramento-gun-manufacturer-sentenced-prison-manufacturing-and-assisting-others) went to prison for.


Title: [MD] Can I modify my custody agreement to prevent my exes new gf from interacting with my kids

Question:
Hello everyone, this is a throway account. I currently live in Maryland but my ex husband and I were married in West Virginia. We got married when we were both 18 because I got pregnant while we were in highschool together. We come from a small mountain town in WV, and I was actually 6 month pregnant at my high school graduation. We lived with his parents while he got an associates degree in IT and I stayed home with the baby.
While helping him with his IT homework I actually got interested in programming. The local community college only had an IT program and not actual computer science, but there is a small college near our town that actually did have computer science, so I decided to apply and actually got in. So while he worked, his parents looked after the baby while I went to school. I managed to do really well and graduated around the time our kid was 6.
 I actually applied to a Masters/PhD program in Maryland and got in, and also found a job as a part time developer. My ex was also able to find a better IT job, so we moved. Unfortunately my job plus the masters program kept me at work and school late, so my ex had to actually start taking care of our kid when he would rather be playing video games, so there started being a lot of tension in our marriage. He also didn't really help around the house much (the previous years we lived with his parents in order to pay for first his school and then mine, so his mom did a lot of the house work) So right around the time I finished the Masters portion of my classes we separated. During this time he still struggled with being looking after our son and being a dad so went ahead and got divorced a year later. I have physical custody and he gets weekends. Generally my son saw it as a fun time to hang out with his dad an play video games, and at least for his part my ex never flaked on one of his weekends.
I'm just about to graduate with my PhD, so I've had to rely on my ex to take care of our son a little more often now while I finish up my thesis. However my ex has a new GF. My ex was never really politcal before but his new GF seems to have gotten him right wing politics. Since my son was spending more time over there, I started hearing some crazy things when he came back that I would have to explain to him why i disagreed with it, or sometimes tell him its flat out wrong. Finally I learned that his new GF is definitely a supporter of the alt-right. Our son is 11 years old now and very susceptible to stuff like this. Our initial split was pretty cut and dry, and with my thesis defense coming up I don't have a lot of time to contact our lawyer, but is it possible to change our custody agreement to prevent my ex from bringing this woman around our son?

Answer: Almost certainly not.


Title: I believe my university is in breach of contract

Question: [deleted]

Answer: Your option was to drop the class during the add/drop period. But you decided to stick with it. You will get the grade you deserve and progress. That is their contract. I doubt it says "super high quality awesome great teachers for every class." File a complaint and don't take classes with the teacher again.


Title: I reported a very serious crime one of my family members was likely involved in and now the police want me to help them get more info out of that family member... Help? [Florida]

Question:
Hi, r/legaladvice,

One of my close relatives (we'll call her **K**) was most likely behind a very, very serious crime. K basically admitted this to me and has been bragging and laughing about it. Last night, I called Crime Stoppers to report her and my mom went to the local police station and told them. I talked to the detective she talked to over the phone (I live out of state) and told him what I knew (the same thing I told Crime Stoppers).

I am probably the person K confides in the most, so the detective called me today and asked if I would be able to squeeze more info about the crime out of her. I politely told him I would see and hung up.

Should I get a lawyer? I know I had nothing to do with her crime, I live 1000 miles away.... but the police make me nervous anyway, honestly. If K's crime had of been run-of-the-mill shoplifting or something stupid, I wouldn't even had said anything... but it wasn't. I don't want to be any more involved with their investigation than I have to be and I definitely don't want K finding out I'm the one who reported her. Where do I go from here?
Topic:
Criminal Law

Answer:
 At this point you can tell the detective "no." You gave them the basic information, it's up to the police to investigate. It's another matter if a subpoena or warrant shows up.Answer #2: If you're uncomfortable, don't do it.

It is the police's job to solve crimes, not yours. Answer #3: You're not required to squeeze more information out of her.  You did your due diligence and reported what you know to the police.  Politely let the detective know that you can't help.Answer #4: You are in no way obligated to gather evidence for the police.  If you are uncomfortable with the idea, with the action, or just don't feel like doing it, you don't have to.

If you so desire, you can cease your involvement with the investigation at this point.  You do not have to return the phone call of any officer, you do not have to meet with any officer, you don't have to do anything for them, *even if they tell you otherwise*.   If an officer ever threatens you with prosecution, with investigating you with a crime, so much as speaks to you unkindly, IMMEDIATELY cease communicating with the officer and seek out a defense lawyer.Answer #5: Can OP be considered an accessory depending on the crime and what OP told the detectives?

Although OP had nothing to do with the crime, OP knows about it.Answer #6: Do you want to comply with their request or not? If not, you don't need a lawyer simply to refuse further contact with the police.


Title: Ontario. Spouse telling me I can be charged with child abandonment

Question:
Right now I live with my spouse and four year old son. I have been depressed for as long as I can remember and have gotten worse last couple years. I am extremely depressed, anxious, and have suicidal thoughts. I want to leave my family to go inpatient at the hospital and possibly not go back. I am having a hard time coping with family life and am not sure I can recover mentally while at home. My spouse is very controlling and somewhat abusive. He had a problem with cocaine while I was pregnant and right after our son was born. I left him a week before I gave birth. Child protective services were involved to provide a safe visitation setting while he was in early recovery. He hasn't used for approximately 3 years.

He is saying if I leave without our son he will call the police and have me charged with child abandonment. He is the father of our son and is on his birth certificate. I don't understand why he is saying this. He says he can't have our son because of a suggestion from CAS that is 4 years old. He just doesn't want to be a full-time dad. I have been full-time mom because he is selfish and lazy. I am overwhelmed and just cannot cope. He is a great father, very caring and attentive. He just wants his freedom.

What are my options here? Can I leave to get help without being thrown in jail for leaving my son?

Answer:
 No, that's not what child abandonment is. Would you be abandoning your child if you left him with his dad while you were hospitalized for appendicitis?

That said, you've raised enough red flags about this guy that you might want to look into finding an alternate caregiver for your son while he's hospitalized. Answer #2: >He is saying if I leave without our son he will call the police and have me charged with child abandonment.

He cannot do that, only the police can charge you and they would first investigate to see if there was any evidence to support the claim.

If you are checking into a hospital for mental health help and leaving the child with his father it is no abandonment. Please do what you think you have to do to get the treatment you need.


Title: [Pennsylvania] Mentally unstable sister and her boyfriend(?) have been falsely accusing my mom and dad for several things for months now, including rape, fraud, and theft. My parents have done none of those things, yet they (sister and bf) intend to contact the police.

Question: [deleted]

Answer:
 >besides getting a lawyer ASAP, my mother is already on it, on top of contacting the bf's probation/parole officer

You have the answer to your question in your own post.

Your mother is on top of it - your legal counsel will give you better advice than anything anyone here could give you.

Relax, and wait to hear from your mother's lawyer.


Title: [BC / Canada] 50% share business partner is an alcoholic, constant harassment and damange to business from alcoholism. Options?

Question:
Hey /r/Legal Advice,

Posting on behalf of my father. He co-owns a business with an alcoholic partner. My dad has been sick for the last 3 years or so, fighting different cancers so he's not been able to get in and make the business succeed. His partner (let's call him Jim) is unable to run the business on his own effectively, leading to just barely clearing debts.

My dad wants out of the business. As far he understands, one of them has to buy the other out to sell the business. Jim has been an alcoholic for years, even going as far as installing a cot in the shop so he doesn't have to drive home drunk. He also constantly harrasses my dad with drunken texts and threats.

He recently went as far as to try and intimidate my dad through texts into hurrying up the paperwork to make an offer. "I'll pound your ass" was included in a few pages of drunken texts. My dad has a novel of evidence from drunken texts of harassment, does this apply to any sort of Canadian business laws which might affect the business?

I really don't know anything but feel like when someone's addiction is destroying a business, resulting in criminal behaviour (threats), I feel like there should be a way to legally prove that Jim is unfit, incapable of doing his duties and needs to sign over his half?

Sorry for the scattered details, I really don't know our options. My dad is seeking getting a consultation with a lawyer, but I wanted to reach out to check all resources. Happy to provide any more details, thanks for the help.

Answer:
 >I feel like there should be a way to legally prove that Jim is unfit, incapable of doing his duties and needs to sign over his half?

It's good that you don't write the law, because that would open a hornet's nest of people going after other co-oweners stating that they are unfit and thus have lost the right to their own property.


Title: I stole from my employer

Question: I work for a bank.  I withdrew 5k from 2 client accounts.  I got caught interviewed by extremely pushy LP person. Confessed everything, gave them my written statement, which in retrospect I think is a mistake.  Pennsylvania.  What kind of penalties can I face?  Thank you for your help.

Answer:
 The bank can submit a report and your signed confession to the police.  You can then be charged with third degree theft (stealing between $2k and $25k), which has a sentencing range of "a fine of not less than $2,500 nor exceeding $15,000, or imprisonment not exceeding seven years, or both."

http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=18&div=0&chpt=39

http://law.onecle.com/pennsylvania/fish/00.009.023.000.html

You can hope that the bank will not involve law enforcement, but I find that extremely unlikely.  $5,000 is a significant amount of money, and I would imagine that the bank would have several motivations for taking action against you (e.g., discouraging other employees from repeating your bad behavior).

This will not end well.  Get a lawyer now instead of waiting for the police to knock on your door.


Title: What happens when the Hippocratic Oath conflicts with the law?

Question:
I was watching Grey's Anatomy and the scenes from next week made me wonder what happens when a doctors oath to do no harm conflicts with the law. I wasn't sure if I should post this here or in a doctor related subreddit, so I figured I'd ask here first.

Let's say this is the situation. A child comes in needing surgery to save his life. He is 10 years old. His parents do not believe in medical intervention. The boy was in so much pain that he took the city bus to the hospital so he could get help. The parents are called and do not consent to surgery. The child will die without it and the doctor insists on surgery to no avail. He performs it anyways and saves the child's life.

Is he liable for operating without informed consent? Legally, is he supposed to let the child die?

Answer: Th correct thing to do is call CPS and they will get a court order allowing the surgery. Answer #2: The Hippocratic Oath is not legally binding.  If they conflict, actual laws take precedence.


Title: can i create a website letting ppl know about my neighbor?

Question:
I live in a little town in idaho, my HOA recently passed a new rule.  My neighbor was the one that basically pushed it through, while me and a handful of neighbors tried to stop it the vast majority of the folks didn't pay attention.

The question is could i create a website say..... www.thanksoandso .com post their photo and explanation of what they did the steps they took and send a flier out to all my neighbors along with my offending neighbors name, address and phone number or would that be slander?

Answer: Everyone will think you are *super* creepy and obsessive, and this might reach the level of harrassment.


Title: [FL] Girlfriend missed jury summons. What do we do?

Question:
My girlfriend was summoned for the 21st and due to personal matters completely forgot about the summons. It's been 5 days and we just found the letter of the summons. What should we do?
EDIT: She is diagnosed with PTSD, OCD, and bi-polar disorder. Can she file for an excusal from the next one?
Topic:
Criminal Law

Answer: She should call them and tell them she missed the letter. They'll reschedule her, or just tell her to forget about it. Happens all the time.


Title: Victim of Online Dating Scam

Question:
Hi,

I fell victim to an online dating scam of thousands of dollars to a real person from South Korea. He said he needed money immediately to avoid jail because he had been in a car accident, and that he would immediately come visit me if everything gets resolved.

After finding out it was a scam, I contacted lawyers in Korea so I can go prosecute him; however, he messaged me saying he was leaving Korea, and I am pretty sure he is coming to the States, because he said he applied for a tourist visa for the US (and probably used my information to obtain the visa as to why he's traveling!!!). He also blackmailed me with a photo he took (without my even knowing) and said that I gave him money for video sex! Which is NOT true at all, and I have evidence it was because of the car accident. This information came out of nowhere after I said I was going to sue him.

I filed a police report yesterday, and updated them that he may be approaching US soil, and they said they will get back to me. I'm not sure how long it will take for a detective to get back to me. Is there a way we can try this case in the USA if we catch him here? I am going through so much betrayal and heartache. I really want to get him for causing so much distress.

Thank you.

Edit: It was a screenshot. He gained my trust and I unfortunately fell for it. We video chatted, and I met his friends through video chat as well. He even spoke with my friends and parents...spoke to my mom for an hour. He sent me his passport, as well as his visa number saying he was ready to come to the States, and that all he needed was to finalize the settlement and law fines. I really fell for this guy and wanted to meet him. His passport picture does align with what he looks like on video chat, and I know his younger sister's information (haven't contacted yet). I know his roommate's phone number, but he's ignoring me. I lost contact with this guy after he kept saying I gave him money for sex and he's leaving the country. I have relatives in Korea, and they are trying to help me catch him. I'm wondering since he's a Korean citizen and I'm US, how would this work? He's caused so much distress, I've been seeing a therapist, and I really do want to catch this guy. I'm seriously heartbroken..

Answer: Why did you give someone thousands of dollars that you've never met? You'll end up spending thousands more to try to get some justice out of this. I think this is one of those instances where you just chalk it up to a life experience and move on.


Title: My (special needs) brother's employer is making him wear a name tag that is not his name

Question:
Basically the title. I got my brother - who has a mild/moderate learning disorder - a job setting up rooms for the conference center I work at. I was upfront about his disability but his boss didn't seem to mind. When he first started, she said that he would have to wear a name tag with the name "Ryan" although thats not even close to his actual name, until she could order him one with his own name. Fast forward to about 6 weeks later, she has 2 new employees with name tags that have their real names, and despite me and my brother reminding her on multiple occasions, he is still wearing his "Ryan" name tag and is even told to respond to that name. She told me the reason for this is that she doesn't trust him in the building by himself, but assured me (once again) that she would put in the order for the name tag. In the past she has told me that she will, she has, its on its way, etc.

&#x200B;

If you are a frequenter of this sub, this is the same woman that prevented my coworker from parking in the handicap spot.

&#x200B;

Is this practice legal? Discrimination? What if I confront her and she suddenly "doesn't need" my brother anymore, are there legal steps I can take to prevent that from happening?

&#x200B;

Thank you in advance.

Answer: There's not anything illegal about having someone wear the wrong name tag. It's not nice, but it's not illegal either. Answer #2: OP- It's fine (legally) for an employer to expect an employee to go by a different name in the course of doing business. While it's possible she's somehow discriminating against your brother here, it would be difficult to prove.


Title: I sent a wrong number a nude. California

Question:
I am not bright. About a month ago, I messed up a phone number and sent my nudes to a wrong number (ex. real # 555- 881-6661 but I typed 555-818-6616).

It was to the man I am going to marry but they had JUST gotten a new number so it isn't like I am just sending nudes out all crazy to random numbers. He told me he had gotten a new number by calling me on my work phone so I wrote it down on a pad of paper and put it in my phone later but I mixed some numbers up.

I immediately apologized by text and blocked the number. I was hoping I had accidentally got a landline or something.

About a week later, someone found me on facebook who had gotten my nude. Again, I apologized. She was not happy with that. I told her that I was deeply embarrassed and that I could promise her she would not be getting one from me ever again.  She found out my workplace and posted it to their facebook wall. It was not removed for a considerable time.

She then emailed it to my HR department who responded by telling me, telling me it was none of their business and immediately deleting the email. They were sympathetic.  It is now a month later and it is still showing up in random inboxes of people I know and workplace emails.

I need people to stop seeing my nudity, especially people I work with, and I don't know what to do.

This person may or may not be in california. I can't tell. I didn't really want to look into it.

Do I have any recourse here? Does this run afoul of any revenge porn laws?

Answer:
 In addition to what others have else said about getting a lawyer and filing DMCAs, California has revenge porn laws.  Call the police and explain what happened.  You know the phone number of who it went to and they did a stupid thing by contacting you on Facebook so now you have a name.... also chances are it's got the same area code as you, so they're local, meaning this is something your police department can actually do something about. Answer #2: Have an attorney send her a cease and desist letterAnswer #3: INAL so I won't offer advice but I wonder if this person is sending these emails and posting on Facebook under their real name.

This is crazy and I'm really sorry it's happened to you.  I can see it either being a mentally unstable person or a scammer.

Answer #4: You may also want to take screen shots of any text message or Facebook conversations between yourself and this person.

If you do speak to the police, you can use the screenshots to document the phone number you sent it to. This could assist the police in obtaining the actual identity of the individual contacting you.

I agree with the other comments that you should contact a lawyer regarding a cease and desist letter. Although nearly any lawyer could assist you, I would personally lean toward a family law or torts/injury attorney as they may have experience with revenge porn and/or harassment.


Title: [UT] I was verbally offered a raise last week, to be applied immediately. This week, my boss says that they will apply the raise on a paycheck by paycheck basis based on job performance. Legal?

Question:
Hi all,

I've been dealing with issues with this company for a while now. It is a retail based business, in their first retail building. Most recently, one of the owners sat me down and told me I "still have a lot to work on" but wouldn't be more specific. He then goes on to tell me that, due to my increase in job responsibilities, my upgrade from part to full time, and my being there for about a year (the longest of anyone at the shop), they were giving me a $1/hr pay increase, effective immediately and applicable to this paycheck. This was Thursday of last week, I believe.

A few days later, I was dog sitting and left a little later than I intended. I texted him that I was running a few minutes late, and that I was sorry. I arrived 6 minutes late and got right to work. That same day, I stayed 40 minutes later than I was scheduled, which meant that I didn't get a time to eat because I was heading to my second job right after. He asked to sit down with me, and I told him I was very short on time, but that I could spare a minute. He then told me that because, as a sales associate, I was expected to be there on time and "not leave early", they would not be applying my raise to that pay period. I didn't have time to stay and argue, so I said something along the lines of having to run and that I hope we could discuss this more later.

This morning, I got the following email:
"Hi AuraofBrie,

I wanted to make sure that I was unambiguously clear about the additional pay. While we have seen some improvements that have come from training and a commitment on your part to learning and doing a great job, the expectation is that you will be on time or early to any scheduled shift.

This is very easy to tell with our time clock.

The expecation is also that if you are on till close you will not be leaving early, before the last customer is helped and the shopa nd break room are cleaned. This is pretty easy to tell as well.

So what we will do is monitor from paycheck to paycheck. Pay periods that you meet these expecations the pay will be bumped up the additional $1/hr to reflect your increased skills and timeliness for that pay period. Pay periods where you did not reach that, even 1 time, will be subject to your standard pay rate.

After several months we should be able to determine at what level to keep you based on performance. The reason I'm writing this is I just wanted to make sure expectations are super clear. I want to be as fair as possible to everyone."

I have not yet replied to this email. I believe that what he is doing is questionably legal. He already verbally offered me the raise with no stipulations, so I feel like this is retroactively giving me a pay cut. I do not make a habit of being late. (Every once in a while, I'll walk in a few minutes late, but like 2 or 3 minutes, not more.) ONE TIME I had to leave exactly at 6 because I had a shift at 6:30 at my second job, and I ended up leaving at 6:15 anyway and he was still angry with me. I don't believe the second owner is aware of these issues.

Any advice is greatly appreciated. I have called the labor commission and left them a message as well.

ETA: I am pursuing other employment. This was the worst of many offences, and I want to put my science degree to good use.

Answer:
 Are they treating the extra $1 as a performance-based bonus perhaps? That would be legal. But they can't retroactively jerk around your base pay. So, if you should have been earning $11/hr for the week, they can't say "oops, you made a mistake so I'm paying you $10 for hours you already worked." They could reduce you to $10/hr from that point forward, however.

This whole thing is pretty weird.


Title: [TX] Son's dad is keeping him from me when he is consistently unable to see him due to work (sometimes 12+ hour days). Is this ok?

Question:
My ex and I have 50/50 of our 3 year old little boy.

Each Saturday on my ex's weekends (every other), he is unable to be with our son due to work (sometimes unpredictably 12+ hour days). Additionally, my son's dad has deferred custody several times to me, his parents, and at times, his brother to watch him overnight so he can do other non-work things. This past weekend, my son was with a non-custodial parent for 30+ hours... I ok-ed (first right of refusal) an overnight with his parents but not 30+ hours... my ex lied about it until I pushed him on it after my son said something...

I have asked to have my son on Saturdays since my ex can't ever have him on those days due to work. He is refusing. Even if I offer to switch days to maintain 50/50 and no child support because I think my ex is worried about that...

I have desperately tried to reason with my ex to settle this out of court or mediation. He won't budge.

Can I pursue this to get my son on days his dad will never be able to see him?

Answer:
 Is this court-ordered visitation, or an agreement you have?

If court-ordered, report the violation of the order to the court.  You might have to come up with a new arrangement.

If not court-ordered, get to court to have them determine custody.


Title: Legal risks to NOT getting married?

Question:
TL;DR: what if any legal risk do I have if I choose to not remarry?

I was married in my early 20s. Very unfortunate as i naively entered a bad marriage (stuck through it for 10 years). Now in my mid 30s I find myself wiser and in a wonderful relationship with a great man. We’ve been together for 3 years. The idea of Goldie Hawn/Kurt Russell lifestyle is appealing to me.

He’s interested in marriage and but I prefer the idea of being able to walk away if things go bad vs divorce. Kids are a maybe and I currently make more money. I want love to bind us vs paper. He has some health issues and I’m ok for now.

Aside from all the social disapprovals, what do I stand to lose legally if I avoid getting remarried?
Topic:
Custody Divorce and Family

Answer:
 > what do I stand to lose legally if I avoid getting remarried?

You could be barred from the hospital room/from even receiving information on what happened by default in the event something happens to your partner. You may lose the ability to assume the mortgage on property via Garn St Germain. You never see any of the tax benefits married couples have. You have no recourse for an equitable division of property should you separate.

And about a thousand other things.Answer #2: You and him have no rights to social security based on the other one's earnings. This can be a big disadvantage to the lower earning spouse.


Title: Felony assault charge question.

Question: I live in Florida in the Tampa Bay area, and just started seeing a guy who is a convicted felon (not looking for relationship advice). According to him, he got in a fight with his girlfriend at the time, and when things got heated he threw a wine glass at her feet and it shattered, hit her foot, and she had to get stitches. He went to jail for four months, had an ankle monitor for a year I believe, and he cannot leave the county for 5 years. I'm curious as to if his story matches up with the punishment or if he did something worse and just doesn't want to tell me. Thanks!

Answer:
 His conviction is public record go down to the courthouse and look for yourself.

What he did could be a lot worse, if he had a good lawyer or his ex was a bad witness, or the prosecutor just wanted a quick plea deal.  Or it could be exactly what he said.  Or something in between.  (My guess is that he's not telling the whole story, most people don't, but go to the courthouse and see for yourself.)


Title: Protecting myself with temporary guests in my home

Question:
Hello.  Location: Northern NY

One of my wife's friends is in a bad spot right now.  We're thinking about letting her stay at our house.  We would like to protect ourselves legally with her staying at our house.  We've come up with the following questions/precautions/etc:

- We will limit her stay to three weeks, to prevent her from becoming classified as a tenant
- She will have a key.  We're going to change the locks afterwards.  We understand there is a risk of theft.
- We would have a written agreement outlining the conditions.... But - would this help her establish tenancy should a dispute arise?
- My wife had considered having her do chores in exchange for letting her stay here.... But, I think that's too close to rent - would that help her establish tenancy?
- If a dispute arises, how do we remove her from the house?

Anything else I haven't thought about?
Topic:
Landlord Tenant Housing

Answer:
 >We will limit her stay to three weeks, to prevent her from becoming classified as a tenant

That alone will not prevent her from being considered a tenant.  Tenancy is more of an overall picture than a cut and dry thing.  Does she live there?  Does she consider this her primary residence (aka is she lacking another residence to return to)?  Did she move her things in?  If yes, she has a good case for tenancy, especially if you KNEW all of these things and still agreed.

>She will have a key.

This almost assures that she will be considered a tenant (guests generally do not receive keys).

>We would have a written agreement outlining the conditions.... But - would this help her establish tenancy should a dispute arise?

It wont prevent her becoming a tenant and forcing you to evict her if that happens.

>If a dispute arises, how do we remove her from the house?

Honestly, it sounds like you are taking on a tenant.  If you agree to let someone live with you, knowing they do not have another residence to return to, provide them with a key, and exchange something for their residence, you are establishing tenancy and must evict.

Frankly, if you knowingly allow her to establish your home as her residence (aka allow her to move in with you) , she becomes a tenant and you cannot kick her out.  You must evict her.

You really want to avoid eviction, do not allow her to move in with you.  Instead, give her money for a long-term hotel.  Otherwise, eviction is the risk you run by allowing her to move in.


Title: Demand Letter for MMO Account?

Question:
Hi All,

A few years ago I played Lord of the Rings Online. I paid for a lifetime account with them for $200 with my brothers credit card as I did not have my own at the time.

My account was hacked years ago and I'm trying to gain access to it. The company says they won't disclose to me why the account was banned and said they any communication from me would be ignored.

Is there anyway that a demand letter would have the release the account to me? Or refund the $200 to make me whole again, as the product promised is being withdrawn by the company?

I have the original invoice/receipt for the purchase.

The company in question is in MA.

Thank you for your time, if anyone can answer my questions! Greatly appreciated.
Topic:
Computer and Internet

Answer:
 I would be _extremely_ surprised if the terms of service you accepted included language guaranteeing you an account for life. It's much, much more likely that the terms mean that you have an account for as long as Turbine sees fit to do business with you, and that you will not owe any further subscription fees to maintain that account.

An indefinite account guarantee would be an unacceptably large liability if the game ever becomes inoperable, or if Turbine opts to discontinue service. It also would make it very hard to enforce conduct rules on "lifetime" players.

You can send a letter if you want, but odds are good it's no more meaningful than a polite request.

The _current_ TOS includes this:

> Account Suspension/Deletion. TURBINE MAY SUSPEND, TERMINATE, MODIFY, OR DELETE THE ACCOUNT AT ANY TIME FOR ANY REASON, WITH OR WITHOUT NOTICE TO YOU. Most account suspensions, terminations and/or deletions are the result of violations of this TOS.


Title: Mother took my laptop which was purchased with my own money. Do I have the right to take it back while visiting? Or is it "stealing"? (I'm 16)

Answer: Assuming you are in the U.S., your mother can take away your laptop in her role as a parent, to punish you, etc.


Title: [Australia] - Bullied by Law Firm after quitting internship

Question:
I would like anyones advice for me about what should I do when my old workplace is bullying me.

First of all let me introduce myself, I am just regular mid 20 year old girl from Thailand  who has always wanted to work full time in big city … I was former intern at a law firm in Sydney Australia. I applied for this job and I got interviewed early January 2015 and they accepted me to work as an intern Monday to Friday 9:00 – 18:00 (but when I was working there I actually had to work overtime everyday and they never paid me one cent for overtime work)  I signed a 3 month internship contract with them, on the date I signed they said to me as an employee I have to give them notice a month in advance if i should resign . However I was there as an intern so I thought this rule would not be applied for me.

I started working with them on 27th January 2015, I worked very hard every day and did many hours overtime every day.  As an intern they never trained me properly one on one or even provided me step by step guidelines on the tasks i was required to do. They assigned me many tasks to do each day, and the only feedback i got from them was negative. It was hard believe me …

Until one day I felt that I couldn’t work for them anymore when one of the lawyers asked me to find a training institute that could “BACKDATE RECEIPT of training course” believe me I had felt sick in my stomach the whole day when I was told I needed to do something illegal and it’s really wrong.  So after I finished my work that day … on the 18th February 2015  I got back to my place and sent them my resignation letter straight away. (I know I didn’t give them any notice. And they should know that they should not ask me to do illegal thing…. )  And I had waited for them to contact me but they didn’t do anything so they didn’t want me back and I thought I didn’t cause them any inconvenience. (if I did cause them any inconvenience they would call me to go back to the office to discuss the situation but they didn’t .)  So on the 9th March 2015 I emailed them to ask them to pay me my remaining salary

But they sent this back to me on the 16th March 2015.

http://i.imgur.com/n5KH6w0.jpg
http://i.imgur.com/C1ToLTb.jpg

Can someone please give me some advice on what i can do to stop them threatening me?

Thank you in advance and take the time reading
Topic:
Contracts

Answer:
 TL;DR:

OP signs employment contract for three months as Thai speaking intern. OP breaches contract by quitting without giving notice. OP decides to ask for the rest of her salary anyway, and is surprised when the Firm declines and asks her to pay their damages from her breach.Answer #2: Where is the bullying?


Title: [Georgia] Bought house with cash, didn't sign anything related to HOA, HOA threatening to sue over nonpayment of dues?

Question:
My wife and I bought our house in cash (no mortgage) October of 2013. When finalizing the sale, I signed documents related to purchasing the house, and I don't think HOA covenants were part of the deal (I can't find any in my copies of the paperwork).

Turns out there's a HOA in my neighborhood that just sent me my first bill ever for over a year of delinquent dues (addressed to someone who doesn't even live here), and I'm wondering if they have a legal basis for collecting those dues if I didn't sign a covenant agreement.

I've already emailed them asking for a copy of any document showing that I agree to be bound by any covenants when I bought the house. If they exist, I'll pay what I owe, but do I need to be ready for a legal shitstorm if they can't provide any proof?

Answer:
 Check the title. HOAs are generally attached to the title. You do not have to agree to the HOA. If the property is governed by HOAs then so are you. It goes with the property, not the owner. Answer #2: What does your deed say?Answer #3: It doesn't matter whether you signed a document or not.  HOA covenants "run with the land" and bind future landowners whether the landowner knows about them or not.  They do not require any agreement by the landowner.

[This](http://realestate.findlaw.com/owning-a-home/creation-and-termination-of-cc-rs.html) provides a useful synopsis of HOA-related law.Answer #4: If the land is encumbered with the hoa, then you're subject to it. Even though the seller's deed didn't reference it. That's because you're required to check old title documents to look for such encumberances. The deed not mentioning it may give you a suit against the seller, but you ate likely subject to the hoa.

Echoing others: have your lawyer check the title commitment. If the title company missed it, then something is seriously wrong with your home purchase.Answer #5: >I've already emailed them asking for a copy of any document showing that I agree to be bound by any covenants when I bought the house.

There's not necessarily anything you have to sign to be subject to this. Did you have a title search done on the property?  Does your deed mention any HOA CC&R's?Answer #6: HOA obligations are usually linked to the deed itself. are the dues for the time you've lived there only?  or do they go back to previous owner's tenure?  if they go back, you might be able to sue previous owner for his part.


Title: [Alabama] Sold a truck to this kid about 4 months ago... He texts me saying he's going to sue me if I don't give him a refund.

Question:
So, I sold this kid a truck back in August for $6500. I went over all the details with him, every in and out of this truck. I had recently replaced the motor in it a few weeks prior. I did this because the first one locked up on me about a month after I bought it. I had it professionally done at my mechanic and have all necessary receipts and paperwork for the motor.

Fast forward about a month after I sold it. The kids calls me up and said the motor is bad. I tell him that I'm sorry to hear that but there's nothing I could do for him. Just when I think this problem has gone away, he sends me an angry text today saying he's going to sue me and that he has witnesses and a bunch of bullshit (I'll link the text below).

I wrote the bill of sale up (and kept a copy) stating clearly as-is no warranty with the VIN, mileage, date, amount, and both signatures including a witness.

So does this kid even have a leg to stand on? I did nothing wrong here and he's claiming I knew all this shit that was wrong with it when I didn't. Plus, he had it for a good while before he said anything was wrong with it. I'm 95% sure that I'm good here but I wanted your guys' opinion on this. Oh, and I recently moved to the other side of the country so just the act of going to court will cost me money that I haven't budgeted for.

Thanks for any input you might have.

Answer: He doesn't have a leg to stand on, but it doesn't mean he can't sue you. However, he won't win. But the likelihood of him bringing suit is extremely low. You're better off ignoring him and just moving on with your life, until if and when you are served papers.Answer #2: How old is the kid?  If he's under 18 he might actually be able to legally unwind the contract.  He'd have to give you the truck back (and he'd likely be out any money he spent on the truck for repairs or modifications) but you might actually have to give him a refund if he's a minor.


Title: Being asked to pay for something I don't believe I'm responsible for

Question:
Also posted this in /personalfinance  Maybe this is better?

Hey guys, hoping for some advice - not sure if this is the best place for this post so any advice on that would also be helpful.

So I got married this past Sunday. Like many weddings we hired a florist, and rented a venue. Both bills were paid in full before the wedding. The venue had a lengthy contract we signed, the florist did not.
For the florist, we simply ordered everything and a deposit was made(credit card), then we paid in full later on (personal check).

One of the things we agreed on with the florist was to borrow two large urns to house some flowers. We were asked if we could return them to the florist at some point after the wedding (no time frame specifically discussed - 'at you earliest convenience') and we were happy to do so. The florist is about a 10 min drive from the wedding venue.

I thought it was a bit odd, but in the midst of planning a wedding, its all about getting to the bottom line sometimes...

Anyway-

Wedding went great. Both florist and venue did a wonderful job. Florist showed up nice and early and got everything unloaded and set up. It was beautiful. Then they left.

It was a Sunday, and we took Monday off from work to recuperate from the night before, and we both returned to work on Tuesday (honeymoon in a few months!!!). On Wednesday morning I drove to the venue to pick up the urns, not having heard from the florist at all.

At the venue the urns were not there. I spoke with the event folks at the venue and they recalled seeing the urns on the loading dock on Tuesday evening, and were very befuddled. Theft is extremely uncommon there - they pointed out that many of the doors on their grounds they don't even lock. I had them check with their grounds keepers, and they had no idea. So the urns are gone.

When we informed the florist of this, they insisted it was our responsibility. They wanted my wife and I to pay $160 plus tax for the urns. Additionally, they wanted us to go out and by them (apparently they are sold at Lowes) and deliver them to the florist ourselves.

Again - no written agreement about the urns. No time frame even verbally spoken about.

As an added piece of info, I learned that when the venue learned that we would be leaving the urns perhaps overnight, and that the florist did not plan to pick them up later on the day of the wedding, the venue informed the florist that they would refuse to store the urns inside and would instead store them on their loading dock. (not an uncommon practice for the venue apparently, simply a "CYA" on their part I think.) The venue informed the florist of this on THURSDAY before the wedding SUNDAY via a phone call (I believe they left a message).

So - the florist wants me to drive to Lowes, buy the urns for $160 plus tax, and deliver them to the florists shop.
My current plan: 1 - Inform the Venue via a phone call that I am being asked to pay for the urns and that I will be refusing. 2 - Inform the florist via a phone call that I will record (and inform them I am recording) that I will not be paying and to have a nice day.

THREE QUESTIONS: 1 - am I on the hook for these Urns in ANY way? 2 - is my current plan any good? 3 - what advice do you have for my phone call? My strategy is to get their entire side of the story (up until this point they have dealt with my wife exclusively) and then calmly and politely inform them I will not be paying. I don't want to argue, or try to justify....just "I'm calling to inform you that I will not be paying for the urns. Is there anything else?"

Bonus question: is there a better sub...perhaps legal related...that would be helpful for me?
Many thanks

Edit:  Formating

Answer:
 Yes, you owe them the money for the urns. No, your plan is not good. Look over the contract with the venue - you almost certainly agreed that they were not responsible for anything left behind. Even if you didn't - they were your responsibility. You should have asked a friend or family member to get them.

Why should the florist be out money for your mistake? You had a verbal agreement - and you want to stick them with the bill for your poor planning? That's a pretty shitty way to treat a  vendor who did a nice job at your wedding, not to mention a breach of the verbal contract.

And what exactly do you think recording the call is going to do for you?


Title: [CA] My small town has recently set a curfew of 10:00 P.M. for everybody the age of 18. It’s enforced by the police, and if they catch you, you can get fined a pretty substantial amount.

Question: Is this even legal? I mean, nobody actually follows it, but still, it’s annoying to have to hide every time I see police.

Answer:
 Legal and not uncommon.Answer #2: Have you considered not being out past curfew?Answer #3: Many, but not all, of these curfews have a caveat attached. For example, Indiana has a driving curfew for teens, however, if you can demonstrate a reason for being out late (work, driving back from a school event, etc), you will not be punished.

I don't know if yours has this caveat, but I encourage you to look into it, or lobby your town council to include that. If it does have such exceptions, just ensure you keep a copy of your work schedule or school event calendar handy.

Other than that, don't plan any trips to a late cinema. Answer #4: Don't do that then. Answer #5: Is it a permanent curfew or a temporary one? Just curious.


Title: What can I do with a neighbor harassing me?

Question:
So back story, I have a protective order against my SO other but it will be dropped to a no negative order in two weeks.

Ok so about my question. My neighbor keeps calling the cops and CPS on me saying my boyfriend is here. He isn't. He got out on Monday, I stayed with a friends just in case he showed up for a few days. She has called the police 4 times saying he was here when 1. He was in a whole different county. 2. Not even I was here. She also called CPS on 4 times in 2 weeks saying he was here. I got home early this morning and a Police officer showed up just a few mins ago with "reports" I might be hiding him. I'm not, he was here 10 secs and left, apologized and left.

Is there anything I can do legally to get her to stop? She also likes to go outside everytime I go out to take out trash or leave. My friend has 15 videos of her doing this. I come out, 30 secs later she's out. She also pointed a security camera right at my door, shes not the property manager. Its gotten to the point I don't like to leave the house cause she goes outside and just stares at me.

I live in So Cali in an apartment.

Answer:
 File a police report about the harassment.
Ask if there's any chance that she's connected to him in any way, and that her behavior is scaring you.

They won't do much right away but if she continues they will find it incredibly suspicious behavior on *her* part.


Title: Drinking and driving in Michigan

Question: My little sister got into an accident and got busted for drinking and driving. Everyone is okay. Thankfully. She blew a .19. She was at the bar from 6:30pm-1:15am. At what point is the establishment responsible? Shouldn’t they have cut her off at some point?

Answer:
 > At what point is the establishment responsible?

You're talking about dram shop laws. Even if that were applicable in this case, your sister holds full responsibility for her actions. If she had hurt someone else or damaged someone's property, then it is possible that *they* could sue the bar for their damages. But your sister wouldn't sue, not in your state at least.

Edit: As she is looking at jail time, fines, loss of her license, vehicle immobilization, interlock device, SR-22 insurance, and points on her license, she needs an attorney to handle this.Answer #2: This is a great question for her to ask her DUI attorney that she needs to get.Answer #3: That's not going to absolve her, but rather bring another party into it.  She'll still definitely be found guilty of driving under the influence by your description.

Re: the specific liability of the bar, that'll be difficult to prove since BAC means different things for different people.  Additionally, her BAC would have continued to climb after she was cut off or after she was served her last drink of the night.

Bartenders and other patrons could testify in a number of ways that would make sticking liability to them next to impossible.  Bring it up to her and her attorney but don't expect anything.


Title: [TN] Is it illegal for me to take mail that is addressed to me out of someone else's mailbox?

Question:
The small IT company that I work for insists on sending me paper checks in the mail, even though I have a bank account. I absolutely hate it because that puts me getting my check on Monday or Tuesday, as opposed to Friday when the other employees, who have direct deposit, get paid. I used to just go to the business that does our payroll and pick up my check, as it was set aside for me. For some unknown reason, the owner of said businesses now refuses to let me do that. If I were to take my check out of their mailbox before it was mailed to me, how that be illegal? If so, exactly how illegal?/ What are the consequences?

Sorry for the WoT.

Answer: Until it's delivered to you it's not your property. You certainly can't climb into a Fedex truck and take packages addressed to you.


Title: Should I run away?

Question:
So I'm currently 17 years old, living in Idaho.I turn 18 in three months. I have been seeking out a way to get emancipated since I was 12. CPS has been called on my parents many times and nothing has come of it. My school has contacted my parents when youth shelters offer to take me in. Any small thing causes my parents to blow up. For instance, my dad deemed my 13 year old friend a slut for wearing knee-length shorts in the 100-degree heat so he took away my bedroom door. In other instances, they have broken school tech, my belongings, burned my entire wardrobe, and taken away my "privilege" of using a bed, going to the doctor, counselor, or even my prescribed medication. Living here is pretty much a living hell. My mom even tried to stop me from pressing charges against an adult man who drugged and raped me.

I've done everything right so far. I've stayed out of trouble as much as possible. I graduated highschool early and I've been saving up any money I can get, which has accumulated to be about $250 over the last two years. (I'm not allowed to work or drive.) I've been accepted into a nice community college in Boise. And My friend's family has kindly offered me a place to stay rent-free for as long as I need. I have stayed there many times before. There is no reason to suspect they are looking to harm me in any way. They have the money to easily support me, and I will have many more job opportunities living there, and it is only 2 miles from my college.

I have 2 weeks between my 18th birthday and college classes starting. So my question is, should I "run away"? They will happily pick up my belongings on a day my parents aren't home. It isn't realistic for me to move and prep for college in 2 weeks' time. If I leave early, I'll have more time to do so.

What would the police likely do If my parents call me in as a runaway, which is a crime in Idaho? Would it be worth it with such a great chance of a better life?
Topic:
Juvenile and Youth Law

Answer:
 It is unlike that the police will force you to go home when you are almost 18. As long as you are safe and not doing anything stupid.

But 'is it worth it' is 100% up to you.


Title: If you get caught driving someone who is underage and under the influence, can you get in any legal trouble [KS].

Answer: It depends. Did you provide alcohol to the minor? Are you under the influence too?


Title: My company makes you pay a $5 fee to get back your lost & found items,

Question:
Example, you left an item in a common area of the office. The manager (or another employee) of the office finds the item & places it in a LOCKED lost & found bin. Once you discover your item is in the bin, you are forced to pay a $5 fee to retrieve your lost or mislaid item. Is this in any way legal? I can't find an answer to this specific situation on google, and I don't believe this "technique" is right by any means.

Update: the person who made the lost/found fee policy had left some of their items out and it was placed in the lost/found bin. Will update on if they pay the fee to get them back or not.

Answer:
 Call the police non-emergency number and tell them they are holding your property and see what happens.Answer #2: NAL. Some jurisdictions have specific statutes regarding lost or mislaid property and requirements of the finders of said property. If you provide a location you can get more specific advice.

Generally, the finder of mislaid property has no right to possession, except in some places if not claimed within a certain amount of time, provided that proper measures to locate the true owner have been made, as required by law. Your employer would also need an agreement with you to enforce this policy, since legally they gave no right to possession and must return property to its true owner.

It's similar in nature to Uber charging  $15 to return lost property, with the important difference being that it was added to their terms of service that every user agreed to.Answer #3: Weird. Who gets the money?


Title: (California) Retaliatory Eviction and Procedurally Correct Way to Seek Damages

Question:
Have faced a constructive eviction by landlord, including burglary, theft of a firearm, criminal threats, and repeated restraining order violations. We intend to seek damages, but are unsure when to ask for them.

I would like to include a request for relief and damages in the objection to unlawful retainer, itself. Is this procedurally correct?

If not, what would the title of my action be to get going?

Thank you, in advance.

Answer: Could you please explain what you're talking about? What's happened, who's taking whom to court and on what grounds?


Title: [USA] Is it possible to transport someone to and from a state line and have them walk across in order to avoid "transporting them across state lines?"

Question:
The idea being you would drive to the state line and drop them off, then drive to the other side of the state line, and wait for them to talk across the state line to your car.  Then you'd be in the other state having not taken them "across" state lines.

It's in regards to driving through different states that have different ages of consent.

Answer:
 You are not the first criminal mastermind to try to violate the Mann Act.

> Whoever knowingly transports any individual in interstate or foreign commerce, or in any Territory or Possession of the United States, with intent that such individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title or imprisoned not more than 10 years, or both.Answer #2: Brilliant. They'd never figure it out. Answer #3: "Transport" does not literally mean driving them across the state line. While I am sure there is a body of case law dealing with the specific interpretation of the term, I can confidently say that the mere technicality of them walking over the state line on their own will not undo the fact that you're "transporting" them. If they cross the border at your direction, with your help, and indeed would not have done so without your facilitating it, obviously you're transporting them.


Title: EU/NL: Pregnant from lightly abusive ex, I am at a roadblock.

Question:
I also posted to /r/relationships, but it might be smart to pop up here too.

(other post)
https://np.reddit.com/r/relationships/comments/61zwe6/im19f_pregnant_from_my_exfriend19m_who_has_lied/

To sum it up: I am pregnant from my ex boyfriend who has went as far as knocking out a teacher in high school by hitting. If you're from here you probably know how rare such things are. He has also went too far during sex before despite me not being OK with it, and has hit me on two occasions, as well as pulled out a knife saying if he kept the knife on him then he might kill me.

My question is if I should go for a mediator-lawyer kind of thing, where we'd sit down and discuss our options? So far he always demanded his parents are there, but his parents are very manipulative and rude people. His father was drunk last Saturday and accused me of sleeping with someone else. I'll gladly go to court for a DNA test, but if it comes to that, I want to press charges and also sue him for the two occasions of physical abuse as well as financial help for the mental damages I have sustained from the mental abuse. I can no longer sleep or eat properly and I am currently in treatment at the psycho-trauma center at a university hospital.

I want to sit down and talk, as we used to love and make each other happy, so taking him to court seems so extreme- but I also realise I am biased since I am hormonal and an overly soft person at times, and he has shown he can not be trusted so many times.

He was supposed to meet me today but emailed me saying if I contacted him again he'd go to the police, although the email sounded more like it was from his parents than his own words.

I of course won't accept this. A baby takes two to make, and I have said so many times to him that his input and wishes about to keep or abort matter to me.

Isn't taking this to court punishing him for his parent's stupidity? But he's 19, I feel like that is old enough to take responsibility and do the right thing as well.. I am meeting with my lawyer tomorrow, but I could really use some fresh set of eyes on all this.

What can/should I do?

Answer:
 "Lightly abusive."  That's so sweet.

Those bruises on your face?  Love taps!

That broken arm?  Tough love!

What about when he "lightly" abuses your baby?

Get real.  Get help.  Now.


Title: Can a university disciplinarily charge me for an offense when I was not of sound mind? (USA, CT)

Question:
I attend a private university that receives federal funding. I violated a rule in the non-academic code of conduct when I was on the brink of suicide and clinically depressed beyond comprehension. My thoughts were warped. I have a medical provider's report that says I committed the violation because "at the time, [I] truly believed that [committing the vioation] was the only way to potentially save [my] life." No one disputes that the violation was a consequence of my deteriorated mental health.

Can the school still charge me with the offense, and put it on my disciplinary record? Certainly, they can keep me from returning to school (I'm on medical leave) until they are satisfied my mental health is no longer a threat to deteriorate. But, I feel like I must have some legal protection for putting a disciplinary mark on my record (so all graduate schools will see) and sanctioning me when I committed a violation when not of sound mind and in order (I believed at the time) to save my life.

What do you think? (tl;dr: see title)

Answer:
 > Can the school still charge me with the offense, and put it on my disciplinary record?

Sure.  You violated the rule.  The reason is basically irrelevant.

What rule were you charged with violating?


Title: Dad surrendered my life insurance policy

Question: I was stationed in England from 2007 to October 2009, my mother and father gave up parental rights in the 90s. My grandmother had legally adopted me and my sister, and bought policies for both of us. My grandma just passed on a few months ago, so my sister decided to surrender her policy. She received around 500usd. She told me to do the same, but when I called, the company said I had already signed it over in July 2009. I had them mail the form that "I" sent, the signature wasn't mine, and one of my dad's good friends from across the state (whom I don't know personally) signed it as a witness. I believe they didn't ask for a copy of my id, and this was done through the mail. I'm wondering what, if any, options I have available. Thanks for any and all help.

Answer:
 Ask them how to challenge the surrender.

I'm wondering - were you stationed in England or were you there as a dependent? Was the company that held your policy in the US?


Title: Dad diagnosed with Alzheimer's at 62. Newish wife is taking control of everything (x-post from r/alzheimers).

Question:
My father (located in Georgia) was recently diagnosed with early onset alzheimer's at the age of 62. He has had a successful career as a professor of physical chemistry and a distinguished research scientist for over 30 years.

In the digesting of the reality that we are faced with I have started to formulate all the various aspects of care and coordination that need to be handled. In preparing to get all of those things together, I have learned of very disturbing happenings that have occurred during the time they have been married. In that time (and even as recently as within the past few months), there have been executive changes that have effectively given her position as his POA, the executeur of his will, and the primary beneficiary of his estate, all of which were designations previously given to us, his children (me and my sister), and one of his brothers. These changes were made entirely without the consultation of or notice to any of the family members.

I recognize that as his wife and now ultimate caregiver, she will be entitled to certain things. However, it is my sole objective now to regain some level of authority as it pertains to my fathers well being and to stop her from becoming to sole beneficiary for all that he has worked to accomplish. Moreover, I truly believe it is in my father’s wishes for the status of his estate and the power to make decisions for him to be with us, as it has been for so many years, and that he has been pushed into makings the changes.

I don’t trust this woman at all and am distraught over the situation we face and the battle that I know lies ahead. Hoping someone out there can provide some insight and guidance in to how we can go about reclaiming the authority to ensure that my dad is getting the best care possible and that all of his retirement money is directed to his well being.

Does anyone have any insight to legally what i can do to gain more control of decisions made about his health and financial well-being?

TL/DR: Dad diagnosed with alzheimers, wife (of 1.5 years) recently became POA and primary beneficiary to his estate, unsure what next steps to take.

Answer:
 Your father, if of sound mind at the time he made the designation, is entitled to place his wife in charge of any or all of his affairs. And doesn’t necessarily owe you any particular notice of his having done so.

If you don’t believe he made those designations voluntarily and from sound mind, you may challenge them. You’ll want an attorney and to prepare for what is a fairly expensive and difficult process.


Title: Workmans Compensation Issues

Question:
I own and operate a Landscape Construction business in the San Francisco Bay area of California. I am having some big issues with bogus workman's compensation claims.

A little background:

My father started this business 40 years ago pushing a lawnmower around for $10 per lawn. Through his hard work and determination he built the business up to a modest landscape construction business, the true american dream.

I have been exposed to the business my whole life but 10 years ago i (willingly) started working full time in the business. With my help and fresh ideas we have grown the business to a multi-million dollar operation.

We are simple hardworking folk and maybe a bit too trusting. We would like to believe that our employees are the same, and most of them are. Unfortunately we are finding there are a few people out there that like to prey on the workman's compensation system at our expense. We hire these employees to work and then they get a minor injury, or even a bogus injury, and hire lawyers to make bogus workman's compensation claims. Our workman's comp will usually settle for some large amount just to get rid of the case instead of dealing with it. I understand this might be the most efficient way to deal with it for them, but it comes at my expense.

What am I doing to wrong here? Is this just what all small businesses have to deal with? What can I do to protect myself?

Answer:
 Forgive me, but have you considered you may be biased? It's certainly possible one or two employees have successfully filed workers' comp claims that weren't entirely necessary, but workers' comp is very cutthroat, and succeeding with a completely bogus claim is almost impossible, let alone multiple times against the same employer.

You can be more proactive -- implement newer, more stringent safety guidelines, bring in new safety equipment, employ someone to oversee jobs to keep employees safe. If you don't already have a company handbook outlining correct safety procedures, you should have one made now. Maybe introduce safety briefs every few months, and more vigorous safety training for new employees.

Are most of these claims related to similar injuries -- e.g., are employees sustaining the same type of injuries from specific tasks and/or equipment? If there's a pattern, I would heavily focus on the cause of that pattern, and work to reduce the risk.

If you don't like how your insurance company handles your claims, you can certainly find a new one. But, I wouldn't be so quick to assume your employees are trying to get one over on you; never attribute to malice that which is easily explained by stupidity.


Title: Dad installed a lock on the mailbox?

Question:
[deleted]
Topic:
Custody Divorce and Family

Answer:
 It’s illegal, but you might have a hard time getting anyone to care. Talk to your postmaster, but it’s probable they’ll tell you this is a family matter.

Have you considered a PO box?


Title: If you "lose" a book from a library and pay the fine imposed for the book, are you free to resell the book at will? (United States)

Question: [deleted]

Answer:
 What you're talking about constitutes fraud, theft, etc.  The particular crime will depend on the specific state.

Misdemeanors and felonies are not a good foundation for a business.  You should go back to the drawing board.


Title: Help Reddit! I need some legal advice on how to get my boyfriend out of Iran and into the United States.

Question:
Hello Reddit, I could really use some professional advice, counsel or even help in the right direction. I've seen this community come together and I could really use some help right now on how to proceed with my problem. Back in January, I met a guy who lives in Iran, Tehran specifically. To protect his anonymity I'll call him John. John is 19, gay, and closeted. He lives a comfortable lifestyle with his parents and brother. John speaks and writes fluent English, is westernized in music, fashion, culture, and loves American television and movies. He is a budding artist and photographer. He's shown me his work and it's extraordinary. He's extremely talented. He also has immense interest in the Internet. It's his only outlet to converse with others like him. To say Iran has a repressive regime that persecutes homosexuals is exaggerated. The government is not hunting gays, however, it doesn't condone it either. John must live an underground homosexual life that can be very risky if he is revealed to be gay. He would like to move and immigrate to the United States but unfortunately his overbearing father has controlled his life and gives him little to no freedom.
John is especially frightened what his father will do if he is "outed" to his family. John feels extremely helpless and would like to pursue a free life in the United States. In January, I met John through an app. Our conversations started with our favorite musicians and television shows. We found we had a lot in common. We both have iPhones so we started Facetiming daily. Through these conversations we spoke often of what inspired us and how insane that two people with so much in common were separated by our governments political adversity. I'm not here to argue either side but the citizens of our two countries suffer when our common interests are very close. John is not religious at all. He could care less about Iran's alleged pursuit of nuclear weapons. John wants to chase his dream of becoming a graphic designer and have the freedom to love whom he wants.
This brings the story to me. I never thought in my life that I would want to fall in love and marry someone. Being gay and going through my past relationships sorta spoiled the whole idea of love for me. Then I met John. If someone had told me that I would meet and fall in love with someone half way around the world and specifically from a country that my government indeed referred to as part of an "Axis of Evil", I'd fall out from laughter. It's not only not in my nature to fall but I've never met someone who I could completely be honest with. Our hours over these last few months have made me a true believer in what two people can share. It's not enough though. We are separated by red tape and the bureaucracy of the strain in politics between our two nations.
My question and dilemma are this... How can I get him to the United States, specifically, the San Francisco Bay Area in California? We would like to get married but it's not the only solution we are looking for. Are there other ways for him to immigrate here that are legal? Can he claim asylum from Iran from their oppressive regime? Can he come here on a student Visa to start school? Is there someone who could use a bilingual Persian/English speaking and writing skilled educated person? Can someone sponsor him to apply for a work Visa?
I spoke to an immigration lawyer this week to review options. He said our best and most likely scenario was a finance visa. It required that we meet in a third party country, likely Turkey, which John has a visa for. Meet there, take pictures, document our time together then return to our respective countries to begin the process of getting a fiancé visa. While it does sound promising, it is rather expensive and would take approximately 18 months to complete before he could come here. I was hoping someone in the Reddit community could help us figure out a way to expedite this. We definitely plan on getting married. We are in love! As a United States citizen, who recently was given the right to marry under California's same-sex legislation, I would like to exercise my right to marry the individual I fell in love with. I understand that there are processes for this but I'm also fearful of John's situation in Iran. I believe time is critical and 18 months may be too long. Please Reddit, is there someone out there who has advice or a fast way to get John out of Iran and into the United States? PM me for questions. Thank you for your time, I appreciate it.
TL;DR Need advice getting my boyfriend from Iran into this country legally and swiftly.

Answer:
 Your passion is sweet and your are clearly very sincere, but this is the US government you're dealing with.   Unless he knows where nuclear weapons are hidden, there's really no way around it.

It sounds like the lawyer gave you pretty sound advice, and as a practical matter, spending some time together before moving forward sounds like a very good idea.


Title: Ice shanty search. Marijuana found. Was it legal?

Question: My friend(16) and I(17) were out ice fishing in his shanty(belongs to my friends dad) in Wisconsin. He was the only one fishing, and we were smoking weed. We had stopped smoking for awhile, and we were just sipping on some sodas, when a warren opens the door to the shanty unannounced, and demands to see a fishing license. My friend presents his license, however the officer had already seen the bowl we smoked out of laying out. We had less than .25 grams left, but he searched us both and I claimed the bowl and weed as mine. I got $1200 in tickets (1 for possession, 1 for the paraphernalia). My question is, was the search legal? Is there any way for me to have the charges dropped, or do I just pay the tickets?

Answer:
 Game warrens have a right to check ice shanties to see if fishermen have the proper licenses. That being said, once he sees the pot, he's not required to ignore it. Answer #2: Talk to a local attorney- drug charges can really mess with your life, not the lease because you could be prevented from getting any federal financial aid for college as a result.

Also, stop breaking the law. Especially in a place where you can get caught so easily.


Title: Fake $100

Question:
I was out shopping today with my girlfriend in South Carolina. She paid with a $100. As we were walking to the car a man came up and said the bill was fake. He was not wearing a uniform and did not have a name badge. This struck me as odd, so I did not give him any info, and we left. Do I need to contact the police? If so should we talk to a lawyer first? Any other tips would be appreciated. We did not get the bill from a bank or as change, we found it in a parking lot a couple of weeks ago.
Topic:
Other Civil Matters

Answer:
 >we found it in a parking lot a couple of weeks ago.

Which means it could very well be fake.

You should not call the police.  The store may or may not turn the bill over to the cops with any video footage that they may have.  If you call the police, and they have video, BOOM they got ya.

If the police are able to identify you from the video and make contact with you, then you should decline speaking with them until you get a lawyer.


Title: Which states do not require therapists to report sexual abuse that occurred during childhood?

Answer:
 If the client is an adult, the abuse happened years ago, and the therapist has no reason to believe other children are currently at risk, then the therapist may not be required to report at all, and it comes down to a judgment call.

If the client is a minor, and the abuse is ongoing, every state requires the therapist to report it.


Title: I let someone borrow money and now they are not paying me back. New York City. More Details inside

Question:
I'm in New York City. I let a friend borrow 5,000 dollars. I wrote out a letter stating that I let him borrow the money with the responsibility and knowledge that he will pay me back fully in 30-90 days. It was signed by me and by him on the bottom of the letter with the date. I also got this letter notarized at the bank the same day with him there.

I also have secret recorded conversations I did with my cellphone where he is saying he is going to pay me back and i let him borrow the money etc.

Now he is making up bullshit and it is past the 90 days. i can  tell he is trying to duck me and avoid me. What can I do legally? please someone help me and let me know

i might have missed some info so if you have questions please ask and I am sure i will remember info I left out.

Answer: Take him to small claims court, get on the docket, and sue him.  Then go through collections.  Be prepared to find that the value of your friendship was <$5,000 and that may be what you need to pay in order to get this person out of your life.


Title: Canadian lawyer takes big sum money but fails to submit the documents on time, and basically ignores me after saying it's my fault. Need help, details inside

Question:
So my aunt is trying to get an immigration visa to Canada from Ukraine. What happened is they found this Lawyer in Canada who said that it's a very easy case and it will be a 100% successful. They paid him a big sum of money for this. From the beginning my aunt sent him all required documents for him to submit for the visa. Everything was going great, and the lawyer kept giving updates and asking for more documents that the government was asking to proved. Which my aunt would always provide the next day.

For two years after they've been sending him all of the updates that were required by the government for the visa. What happened is that the lawyer simply did not submit them in time which caused their visa to be denied and basically the case was lost. And the lawyer himself said that he did not submit them in time, but obviously he won't give the money back.

Now for two months he said he overlooked the case and said that he thinks he did everything correctly and that he won't return the money. But what's bizarre is that he himself said that he messed and didn't submit the document updates in time.

Now he's basically ignoring the calls. And if we take him to court for this I'm not sure if we can win because we could lose a lot more money.

I'm trying to found out if anyone could provide any info on what can be done here to get the money back.
We have all of the letters from the lawyer where he clearly states that he did not submit the documents that he was suppose to on time.

Thank you, hope someone can help.

Answer:
 She can report the person to these guys:

https://www.lsuc.on.ca/

Honestly it sounds like a scam. I doubt an immigration lawyer would promise a 100% success rate. Note that immigration consultants can represent people in immigration cases in Canada, but they are regulated as well and a legit immigration consultant is also relatively unlikely to scam someone.


Title: Flying to Florida from Ireland to introduce a child to her father. Possible legal issues?

Question:
My friend is flying to Florida this weekend to introduce her daughter to her estranged father. Rebecca (name changed) is 7 years old. The family is very wealthy and I presume wield a lot of influence.

I'm assuming that because Rebecca is an Irish citizen and also a minor that they will not be able to take custody, but I'm wondering what kind of tactics they might try, given that the grandmother is very keen to have a grandchild and has been in contact a lot over the past few years.

Maybe they will try to get my friend to agree to something with a lawyer present or try to get information from her that may strengthen a case or something. It may all be perfectly innocent too.

Rebecca's father is apparently getting married soon, and his fiance will be there along with the grandmother, grandfather and some other family members. They will be staying in individual rooms or apartments in some resort.

My friend is keen to be open and honest with her daughter but is worried about the meeting in general. Mostly just nerves from the emotional load of the whole thing, but I'm concerned that there's an ulterior motive. If you where the families lawyer, what strategy would you suggest to a wealthy older women who wanted to have her way?

Any/all help is appreciated.

Answer: Father hasn’t even met this child in 7 years. He apparently has the funds to have visited her in Ireland if he’d wanted to. He’s about to marry someone not-the-child’s-mother. Doesn’t sound like all of a sudden he wants to abduct her.  But if the child’s mother is that concerned, why is she putting her daughter in this possibly dangerous situation?


Title: Can I still enter the United States?

Question:
I live in the Netherlands (so please excuse my English) and would like to visit New York with my family. Now normally this wouldn't be a problem except I've been on trail for attempted aggravated assault recently. The judge declared the charge to be "legally proven" but I was acquitted of all charges. Does this mean that I was "convicted" of attempted aggravated assault and will I still be allowed to enter the US?
Topic:
Criminal Law

Answer: Contact the US embassy in the Netherlands. They will be able to give you an idea if you will be able to enter or not.


Title: Employer illegally locking out tenants

Question:
I work for a small property management firm, and my boss wants me to call a few of our tenants that are behind on rent and tell them we will lock them out if they don't pay by the end of the week. I realize this is illegal. My boss gets angry when people inform her of this. My question is, can I get in any trouble legally if I am the one making the call to the locksmith? I know she will ask me to call him if the tenants don't pay up. I'm worried that if I tell her I don't feel comfortable making the call, she will fire me. This place is crazy, but I really need the job at least through the end of the year. After that I plan on getting the hell out.

In case it matters, I am in Illinois.

Answer:
 You're probably not on the hook just for being the one who calls.

The owner/poperty management can probably lose some money in a lawsuit if they lock people out.  Have they actually locked any tenants out?

I don't know if it's illegal to threaten locking a tenant out, but they surely can't just lock them out.

If you chose not to and are fired, file for unemployment. Also, start looking for a new job ASAP. Answer #2: A tenant could potentially add your name to a lawsuit, but that's unlikely.


Title: I do security at a Single Room Occupancy hotel in San Francisco. We have a tenant who CLEARLY has mental illness..believing he's being listened to through walls (he refers to "them" as "the eavesdroppers". He's a grown man with no family & refuses to accept he's sick.

Question: [deleted]

Answer: Call adult protective services


Title: Probably the stupidest thing you've ever heard. I need advice on Minecraft Server Hackers

Question:
Friends and I run a Minecraft Server and since Saturday, have been getting hacked by these two people non stop. We have done everything we can to prevent them from re accessing the server and they still come back. We have tracked their IP's and such, they are living in Ohio. My question is: Can we report them to the FBI for these actions and is it possible that we could be subpoena'd? I am under 18 so I am not even sure if I can report them.

I am living in Virginia, the hackers are in Ohio.
Topic:
Computer and Internet

Answer:
 What do you mean you run a server? Is this a shell account, a VPS or a EC2 instance, something you have in your bedroom with a cable modem? If you're administering it, secure it so they can't "hack" it. If you're subject to a network-based DoS attack, your ISP may be able to help you block or mitigate it. If it's hosted by someone else whoever administers the system can help you with blocking or securing it.

If they're doing something funny within the minecraft software they shouldn't be able to do then you'll need to patch for the vulnerability or report it to mojang.

If you're all on your own with administering this thing than you can take it as an opportunity to learn about how to secure systems and deal with security threats, which, if you're taking on the responsibility of administering something, is something you should know how to do. You have a fortunate chance to learn how to do this when it doesn't matter a lot. There are probably a lot of subs on system administration and security for your OS. Good luck to you! All of these options will be faster and more effective than anything involving law enforcement or the legal system.


Title: Already in contempt of court for a daytime curfew ticket, is there any point in doing the community service?

Question:
A little info. I'm a highschooler in western texas. A few months ago i got a daytime curfew ticket for skipping, and as part of my deal with the judge, I have to do 20 hours of community service and have no tardies, absences, iss or anything else. Well I got suspended a few weeks into the deal as I was forced to defend myself. They also gave me two days of iss and I have a few other tardies.

My question is, since I already have broken part of the deal, A. Is there any point in doing the community service oris it too late and B. Can my punishmenr be anything more than a fine i.e. me being sent to lockup for comtempt. Thank you all in advance

Answer:
 >Is there any point in doing the community service oris it too late

You still need to do this. The judge will be upset you got suspended. The judge will be pissed the fuck off if you don't do the community service.

>Can my punishmenr be anything more than a fine i.e. me being sent to lockup for comtempt.

You are likely going to just get scolded by the judge. You may have to pay the fine. You aren't going to jail for this.


Title: Should I sue?

Question:
Hello, I've never had to deal with something of this nature happening to me before, so I'm sorry if I sound a little harried and if things are confusing, but I will try to be as succinct and clear as I can.

I visited what I suppose is classified as a fast-food chain today and ordered two ice cream dessert items, one of which was strawberry cheesecake flavored and one of which was cookie dough flavored. While eating the strawberry cheesecake dessert, I found a peanut, which I am DEATHLY allergic to. I thankfully recognized that something was wrong, and therefore didn't swallow it, but if I had I would have gone into anaphylaxis. I called the store and the manager simply offered to remake the item for free. Normally, this would be entirely alright with me, but seeing as how my life was on the line, and seeing as how my tongue is still prickling like it always does when I come in contact with peanuts, I feel like I should be taking a stronger stance...

I live in Colorado, around half an hour away from Denver, and I purchased the food in Lafayette, if that helps with determining laws. I feel as though this warrants suing the company for negligence when it comes to cross-contamination, but I also don't know how much it would cost to hire a lawyer, to go through proceedings, or even if there's the slightest chance I could win the lawsuit if I did sue. I would really love some advice, as well as what my rights are in this instance.

Answer: You did not appear to suffer any damages.  And did you inform them of your allergy when ordering?  In a facility that uses peanuts, total cross-contamination prevention cannot be assumed if you don't ask.


Title: A friend was involved in a crime and I'm being questioned.

Question: A friend was arrested for armed robbery. He was with me when he was arrested. I had absolutely no knowledge of these crimes and had NO part in them. I've never been in any legal trouble and I don't know what to do. detectives searched my car and my apartment and they questioned me on the night he was arrested. They also called my job to ask me questions and returned to my apartment to question me further on Friday (almost a month after his arrest).  Should I get a lawyer? What do I do? I have nothing to do with these crimes and I want no part in this.

Answer:
 You can decline to speak to them further. You are under no obligation to speak to the police. If they keep pursuing you to talk, you need to hire a lawyer.

If you are subpoenaed for the trial, you must show up and testify.


Title: Just been served, being sued for unverified debt and wife's debt accrued before marriage (Idaho)

Question:
This is awkward as something similar just happened to a buddy of mine's wife, although somewhat differently.

I was just served with a lawsuit for a few collections accounts, totalling about $1000 plus $350 in attorney's fees. I discovered these accounts on my credit report earlier this year and was pretty sure they weren't mine. I sent the collection agency a letter for each account via certified mail requesting verification of the debt and never heard anything back. They dropped off my credit report a month or two later and I thought that was that.

Just last week, we discovered one of those accounts was now on my wife's credit report, along with some old medical debt from before we were married. Today, I'm served at home with the notice informing me my wife and I are being jointly sued for the debt I disputed plus the medical debt my wife accrued before our marriage. I have a few questions.

1) I'm being sued over debt for which the agency declined to provide any information. I have the receipts for the certified mail letters. Will that help in court? It's big kid court, not small claims.

2) Let's say it really is my debt. How will that affect me in court? I want to pay what I owe, if I owe it, but don't appreciate being sued for it.

3) I'm in a community property state. We know the medical debt is likely valid for my wife. Can they still hold me responsible for debt accrued from before I even knew her?

4) Should I lawyer up or just pay it to make them go away before going to court? I have the money but don't want to pay anything I don't have to.

Answer:
 1. It should help. It shows that you attempted to resolve the issue before the lawsuit was filed. The court costs and attorney's fees would not have been necessary had the collector replied with verification. It also shows that you're not some random deadbeat who ignored a legitimate debt.

2. If it really is your debt and it is still within the statute of limitations you'll be required to pay it.

3. No. They can hold her responsible but not you. Again, the statute of limitations may bar them from collecting. Location is important.

4. I'd lawyer up, or consider fighting it pro se. Get a consultation at the least. If you lose you're only out $1350.


Title: Moving Into A Drug House (Oregon, USA)

Question:
By the end of the month I'll be moving into a house that previously had been used to cook meth. The house has been gutted and has passed the states inspection. The landlord was very upfront with us about the previous tenants, but he's from Latin America and speaks very little English. For whatever reason he's not willing to give us a copy of the states inspection. We've found a website run by the state that confirms the address had been a drug house and has passed a inspection but we just wanted a copy of our own and thought it was odd he wasn't willing to provide one. Is there any legal reason why he would be unwilling to provide a copy? Thanks!
Topic:
Landlord Tenant Housing

Answer:
 I am not a lawyer.

Why would you move into a house that has tons of toxic chemicals embedded in the walls, landlord seams shady and run the risk of meth heads roaming the house because they do not know the previous breaking bad cooks have left?

What are the qualifications of an inspection?  What does it mean that it "passed" inspection?  These are some questions you want to get answers for independently.  Answer #2: Hire a translator to get this landlord to tell the whole storyAnswer #3: Have you tried calling [Brett](http://www.bcd.oregon.gov/druglabs/druglabs.html)?  Just the other day I called Brett about how to make a proper beef wellington.  Dude knew how offhand.

> For Oregon Health Authority certificate of fitness, contractors questions, history on a drug lab property, contact at Brett at 971-673-0440, Toll free: 877-290-6767, Email: druglab.cleanup@oregon.gov


Title: [IL]What happens if I can't pass a work physical at a job I am already working for?

Question:
I have been working part time as a custodian at a community college since March of 2014. A full time position recently opened up so I applied, interviewed, and my boss essentially said I'm in.

The only issue is the work physical. When I first started as a part time employee last March, I had to complete a *tremendously* difficult work physical that I think I barely passed. It involved many sets of squats, going up and down a ladder several times carrying a lot of weight, jogging on a treadmill, putting heavy boxes on very high shelves, etc. I was sweating profusely by the time it was over.

I am a female in my late fifties and while I am a little overweight and have a little arthritis, I would consider myself in pretty decent shape. I am certainly not a couch potato by any means and I have had physically demanding jobs my whole life and it hasn't bothered me. But the idea of having to do the physical again makes me very nervous and I am very worried I will not pass.

Just to give some more details, the new position is basically the same as the one I am currently in, but with more hours and better benefits. There will be no new duties or anything. Also, the work physical is not at all reflective of the physical demands of the job. As a custodian, I am on my feet all night but I don't do any heavy lifting and certainly no running.

I don't know if I could ask for an easier physical as an "accommodation" under the Americans with Disabilities Act, since I doubt arthritis and being a little older could count as a disability.

I am really hoping that this job comes through because I will have great benefits and health insurance, and I also like the job and all of my co-workers. I am very healthy and I am able to do my job without any accommodations. My bosses know this. Is there legally a way that I can get out of doing this crazy physical and still be hired on in the new position? Or is this simply something that is at the discretion of HR?

I would appreciate any advice you all might have for me! I will be checking back often!

Answer: I could see a case for age discrimination here if the test is in no way reflective of what you need to do the job and you are in good health and able to perform the job duties. Answer #2: I would ask nicely if you could skip the physical since you've already demonstrated you can do the required tasks, and if that doesn't work and you end up not getting the job because of the physical, consider mentioning an age discrimination suit to HR (assuming at that point you'd be willing to burn bridges). If the job duties aren't related to the physical, you might have a case, and even if you don't, the threat of a non-frivolous lawsuit tends to get institutions moving. However, I'd keep this option as a last resort. Good luck to you.