Title: Hospital owes refund of over a thousand dollars but has avoided paying it for months now?

Question:
A little background: I work closely with elderly people in my community who are low income and/or disabled. My job involves providing any support they may need. This is a situation a person I advocate for is experiencing-

A hospital in the area (MI) owes this person over a thousand dollars due to a billing error on their behalf. Essentially, they billed the person for medical costs by mistake and then billed their insurance for the same amount, resulting in the hospital getting paid double. The hospital admitted to their error and said a refund check would be in the mail in 4-6 weeks. However, this was at the BEGINNING of the year and the person still hasn't been reimbursed! We've tried contacting the billing department multiple times and they keep giving us the run around, and the same response of "4-6 weeks." During a call to the billing department a couple weeks ago, they said the check was processed at the beginning of September and that it would be in the mail any day now...still no sign of the check! We called their legal department and their legal representative said to expect it at the end of the week, but it's been two weeks and still no sign. They have stopped returning phone calls, even after leaving voicemails about pursuing legal action.

This is an elderly person who is living off of food stamps and social security. A thousand dollars means being able to afford rent, bills, transportation, etc. On top of that, this person is SO incredibly sweet and patient, and has even said "if they are using my money to help someone else then I can't be too upset." I get enraged just writing this all out. Any advice on where to go from here?

(Sorry for being somewhat vague, but confidentiality and yada yada.)

Thank you!

Answer:
 This is a classic, and very simple consumer protection case, which can often be resolved by sending a sternly worded demand letter. If you have a local law school with a law clinic, give them a call. If not, reach out to your local legal aid office, it looks like this is their website http://michiganlegalhelp.org

You may also be able to find an attorney willing to take on such a simple matter pro bono though the local or state bar association.

Good luck!


Title: (Illinois) Mystery! Received a $1100 water bill when no one was home.

Question:
Edit: forgot to mention this is in dupage county and the city of boiling brook.

So this is a rental unit tenant ended his lease July 30th and we rented it back out Sept 31st. In the month of August when no tenant occupied the property the water was run from 5-9th of august 7000+ gallons each day. With the 5th and 9th day only being 3500 gallons.

Once again this was repeated on august 14th-17th. With the water usage being 7000+ daily. On the 14th it was 3500 and on the 17th it was 6500. This is suspicious to me because lets say the water meter counts a day as 12:00 am to 11:59pm. Then that means someone turned off the water on day 17 close to midnight???

An inspector came out and no leaks were discovered and the meter was reported as being fine. We also didn't show the house during this period of time so it wasn't a relator or a maintaince worker. Its like the water just turned on and of randomly.

Is there a formal dispute process because something here isn't right.

Answer: Sounds like someone was stealing water from your pipes while you were gone, maybe hooked a truck up to the main and supposed off water.Answer #2: Are your meters actually read every month? Some places only read every other bill and will charge you based on projected usage for the in-between months.


Title: Surgery without notification

Question: My girlfriends grandfather was taken to the hospital and has been there for a while and they performed surgery on him recently without telling them is it illegal?

Answer: Is there some reason he is unable to make determinations about his own treatment?Answer #2: This isn't even close to enough detail to tell anything.  Is he aware enough to make his own decisions? Was there a medical emergency? Does he have an advanced directive or a DNR?Answer #3: Surely they notified *him,* right? Is there a reason you think they needed to notify anyone else?


Title: My dental hygienist threatens to charge me an extra $85 for cleaning my teeth.

Question:
So my health insurance covers 2 dental checkups a year. Just a few days ago, I had a checkup and the guy cleaning my teeth says "you have to start flossing every day. You're not flossing. My work only covers cleaning your teeth with the toothpaste. Scraping stuff off your teeth because of your lack of flossing is not part of my job. Next time, I'm going to have to charge $85 to do that, but I'll do it this time."

I don't know if he realizes but this is the second time in a row he said that to me. And his tone and manner shows that he thinks he's doing me a favor and he's so noble and honorable for doing this part for free. Literally all he does is just scrape some stuff off my teeth with a tool and rinse my mouth with water, which takes 5 minutes at most. Is it legal for him to tack on $85? Cause if he really is going to charge me that much, then I'll just refuse to have him do that step. But the catch is that he always threatens me AFTER he is done doing it. So I'm afraid he's going to do 5 minutes of easy work and then say "this part was not included in your insurance. I'm charging $85 now."

Honestly, this particular dental hygienist really pisses me off. He is unprofessional and sleazy and I just don't feel at all comfortable around him. He says right to my face that I don't floss when in fact I do everyday, just maybe not completely properly.

Is it legal for him to charge me $85 for scraping stuff off my teeth before the cleaning?

Answer: so... A) this guy didn't charge you extra during your past visit, B) threatens to do it next time and C) you don't trust the guy? why are you going to him then? you're paying the man for a service, and if you don't like the service you just go to a different provider.


Title: [MI] Was not read my Miranda Rights when I was arrested for a warrant in my name

Question:
I live in Michigan and i was recently arrested for 2
a warrant in my name as a result of a traffic violation. When the 3 arresting officers cuffed me and placed me in the squad car i was at no point read my rights. My question is, are police officers always required to read people their Miranda Rights? If not, what are the circumstances in which they are not required to?

Answer:
 Police officers do not have to read you your rights unless you are in custody and they want to interrogate you. Answer #2: > My question is, are police officers always required to read people their Miranda Rights?

No. The idea that your rights are read on arrest is largely a Hollywood creation.

> If not, what are the circumstances in which they are not required to?

You must be read your rights before you can be questioned while in custody. Failure to ensure that you're aware of your right to remain silent and your right to an attorney before a custodial interrogation can render your statements during that questioning, and evidence that would only have been uncovered through those statements and not in any other way, inadmissible, but doesn't void the charges.

Statements made voluntarily, or during non-custodial interrogation (eg. if a cop stops to ask you something without arresting you), are admissible without a Miranda warning.

You weren't questioned, so they never needed to read you a Miranda warning.


Title: Can I sue a restaurant for failing to list nuts (cashews specifically) on an item?

Question:
There is zero indication of the item that it contained nuts. No where and I mean no where on the menu did they say to notify the staff if I had any allergens. It did not have an asterisk on the bottom about allergens in the food or anything.

The restaurant is an upscale Italian restaurant. I am not going to sue. I was told I had a chance at suing because I almost died due to not knowing they made their PESTO with CASHEWS. Zero indication at all.

Let me know!

Answer:
 If you have a serious allergy, the burden is on you to ask about allergens and see if you can be accommodated.

Pesto commonly has pine nuts and other nuts in it.Answer #2: > Can I sue a restaurant for failing to list nuts (cashews specifically) on an item?

They do not have to. While Congress designed the Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA) to cover packaged food items, *restaurants are not legally required to provide food allergy warnings for people who are allergic to ingredients in the food.*

Legally speaking, you shouldn't expect the server or the chef to provide a list of your meal's ingredients, or to warn you about cross-contamination since they're not required to do so. Many will do so voluntarily, of course, but you shouldn't count on it. (However, if the restaurant or food service company makes food and sells it pre-packaged for you to take home, those packages are required to list ingredients with allergy warnings.)


Title: [US] Turned 21 and got a new drivers license, HR says they have to fire me if I don't complete a new I9

Question: I'm being rehired, it's sort of like a summer internship, where I work during part of the year, and school during the rest. This will be my third "rehire" in the past two years. I used my drivers license as my "list B" proof of identification, and my social security card as my "list C" employment authorization document. They say my previous I9s are invalid because the drivers license is expired, and that I will have to complete a new one within three days. From what I have read, I should not have to redo anything. Am I wrong? Are they wrong?

Answer:
 Who cares? They already have all your information anyway. Is it really worth losing your job over the 30 seconds it would take to sign the form? In every state with at will employment the can fire you for whatever reason they want, including being argumentative about extremely minor issues. Answer #2: First of all, fill out the form even if you're right.  Second, you're wrong.

They're rehiring you, they need to verify your eligibility to be employed at the time of rehire, and they can't just reuse the old I-9 since the documents they saw are no longer valid now.  If they had retained you as an employee all this time then this wouldn't be necessary, but this is a rehire.


Title: Cop totaled my car. On the path to lose 30k on my car. What do I do?

Question: Hey, Denver resident here. Last week while driving home a cop backed his car into mine doing severe damage to the front. Repair shops were saying it would be 6-10k to repair until a few days later the car completely stopped turning on. Insurance is telling me with the miles that were on the car and the extensive damage from the crash, we’d get about 7k (70% of its worth). However, the car was in great condition and I know it would’ve lasted me for years still. Crunching the numbers I’m looking to lose around 30k on this car (it was nice 2012 Ford Fusion with gps, rear view camera, Bluetooth, heated seats).  What do I do? Can I/should I start a lawsuit against this officer? I was 0% in the wrong with this crash. I was driving behind the guy, he suddenly stopped in the middle of the street, and then reversed into me. Didn’t even have time to react. Worst of all the dude never even said sorry or showed any remorse. Would appreciate any and all advice. If there’s other subreddits I should post in, let me know! Thanks!

Answer:
 Insurance is there to make you whole. How are you calculating that a 6 year old Ford Fusion is worth $30k?Answer #2: The car isn't worth 30k.  You don't get a new car or if the deal,  you get made whole.  It sounds like if you were to sell the car before the accident it would be worth 7k.  So that's what you get.  You should be able to find a roughly equivalent vehicle for that price.   Answer #3: Was the cop on duty or off? If on duty, your insurance will go after the city/county/etc the cop worked for for reimbursement. If not on duty, your insurance will deal with the other party's insurance just like anyone else. Just keep working through your insurance. This is why you pay them.

FYI... I priced out a fully loaded 2012 Fusion with 100,000 miles and private party value was about $7,500, so it sounds like, unless there's something missing, AmFam is being reasonable with the value.

The way to think about your car's value is this: If you listed your car for sale on Craigslist immediately prior to the crash, how much would someone reasonably pay you to buy your car?Answer #4: Do you have a lot of negative equity on the car? I'm failing to grasp where the 37k total is coming from?

When they said they would pay you 70% of the value is that the payout if you want to keep the car? They should pay you 100% of the value of your car if they are going to total it out.


Title: Car accident police report is wrong

Question:
Long story short, I was in an accident where a person came into the center lane I was in, I moved to the left lane and they still came into that lane and hit me. They claim they were in the center lane and I move into theirs. Police came to the scene. I told the officer my statement and they theirs. The report has zero mention of my statement. Insurance says unless I get it amended I am at fault, but they almost never amend them. How can this be that my statement is completely omitted? The insurance rep did mention it was a county vehicle and I could infer from that they called in a favor. What are my options?

This is in new york

Update: Thanks for the suggestions. Spoke to a friend in insurance and am getting my copy of the report to see if they listed contributing factors. Will also be attempting to get this amended. I will update once I have more.

Answer:
 Go to the police department, ask for a supervisor, and politely explain your concerns. Make it clear that you just want your account of events added to the report as a matter of record, and that you don't expect the Officer to change whatever enforcement action he took.Answer #2: The presence or absence of your statement in the police report will make almost no difference in civil court.

The other driver will give their side.  You will give your side.  Absent any witnesses or other physical damage, it will be up to the judge to decide who is more believable. Answer #3: Whatever happens, add a 'Dash camera' to your shopping list.

/r/dashcam has quite a few stories similar to this.


Title: Me and my wife are getting a divorce, she wants to keep the house AND wants me to pay half of her closing costs?

Question:
Here is the backstory, me and my wife are getting a divorce. It has been fairly uncontested so far but she wants to keep possession of the house. I have paid every payment for the last four years, however I agreed under the circumstance that she pays me half of the equity. She had to get an appraisal for the refinance but we agreed to have an appraisal outside of her loan and she would pay half based on that. The appraisal came back with her owing me around $36,000. However, it was honestly more than i expected so I agreed to $30,000. Today she comes up to me and says she will pay $29,000 and I have to pay half of HER closing costs. She says that I am selling her the house so i owe her half, which is around $3,000. I told her absolutely not and reminded her that I am agreeing to $6,000 less in equity. Is there any backing behind this? I feel like I been more than fair but she is threatening taking it to court over this.  Is this something that happens when one person keeps the house? Or do I have a case if she takes me to court.

Sorry for the long post but thanks for hanging in there.

Answer: Splitting the closing costs is fair because they essentially reduce the equity available to cash out. The $29,000 to you doesn't sound fair unless there's a fact basis for that being half the equity. Did she calculate that number from the re-fi appraisal?


Title: My parents illegally adopted me 20+ years ago. Could they possibly get into any kind of legal trouble today if the government found out?

Question:
I live in Australia and when I was born my birth mother gave me up to be raised by her sister and husband; who I happily consider now as ‘my mum and dad’. At the time, no official adoption papers were signed nor any legal process ever undertaken. My birth mother had happily planned and agreed to hand me over to her sister once I was born, who I know now as my mum. When I was born, my birth mother simply recorded my surname as the surname of my now parents. From then on, my adopted parents raised me as their own, never giving anyone any reason to question whether I was theirs or not - simply because our surnames matched.

As mentioned, this was all done over 20 years ago.
So my question is - if the government or any legal officials were to find out what had happened those many years ago, are my parents likely to be charged or convicted for anything?

I also have siblings who have also flown under the radar by the exact same thing about 14-16 years ago - however, instead of being her sisters child, this time it was  the children of a close friends who have no family relation and had come from overseas when she was pregnant and had her baby here in Australia and had the surname recorded as my dads etc...

Any advice or comments on whether my parents could potentially face legal punishment today would be greatly appreciated.

Answer:
 That isn't an illegal adoption. Your bio mother is still your legal mother. She just allowed others to raise you. Which is legal.

What she put for your last name likely want illegal either. But I don't know Aussie law regarding that. Answer #2: One potential source of legal trouble could come around inheritance. Since you are not their legal child, you would not automatically inherit. Same with your siblings. A carefully drawn up will should remedy that problem.Answer #3: Think of it as a lifelong baby sitting service- your mother willingly allowed you to be raised with/by someone else. It wasn't an abduction, it wasn't kidnapping.


Title: TX - Got swatted today while I was out getting food.

Question: [removed]

Answer: This is beyond online advice, get a lawyer ASAP before anything disappears. Also, contact the ATF that your gun was confiscated, and when asked about it, they said you would never get it back.Answer #2: Just for clarification, why wasn't your AK in your gun safe?Answer #3: First thing Monday get a lawyer. A simple call from him to either a higher up or the DA should get your gun back


Title: Changing of child's last name...

Question:
I recently went to court for my child's last name to be changed and the judge granted for her last name to be changed but her fathers last name to be kept on it. The judge said her official last name is my last name. On the court papers it says her name, middle name, fathers last name and my last name. Now how would I indicate to her school that her last name is my last name? And where do they expect me to put her fathers last name (middle name) or where? So confused.... 😫😕

Topic:
Custody Divorce and Family

Answer: Just tell the school you had her name changed. Give them a copy of the order. They'll sort out how they want their own forms filled out.


Title: Family Dog Being Held Hostage!

Question:
Missouri. Need help! Our family dog of 13 years was recently taken from our home. We have a large yard and typically let the dogs roam while we are doing chores. A few days ago our dog went missing when my step-father was home alone doing chores. He stated that he remembered a dark colored SUV stopping at the road for a moment and then driving off, but at the time didn’t thing anything of it. We posted signs with pictures of the dog and posted to social media that night but no help. Fast forward to today, my mom gets a call from a lady claiming she found our dog near the road and picked it up for its safety. My mom relieved, asked when she could pick up the dog from the women’s home (around 30 minutes away) and the women stated that she would like to keep it as her kids have taken a liking to it. My mother expressed understanding but also reminded her that the dog has been with our family for 13 years and is important to our family as well. Immediately the lady stated that while they did have the dog, she has since wandered off and they are unable to find her (a change from the story given literally moments earlier). My question is what are our options for getting our dog back? This women obviously seems to be lying and trying to keep the dog, but she is a small dog and would not be hard to hide in the event of us finding out where she lives and coming. We do have the woman’s full name and around where she lives but not her address. Any help would be great!
Topic:
Other Civil Matters

Answer: Contact the police


Title: [MD] Shared pipes in condo clogged, HOA is blaming me for damages caused to neighbor

Question: So I live in a condo complex which is 3 stories. i live on the bottom floor. I made the mistake of flushing baby wipes down the toilet for a year. There wasn't any problem until recently where it clogged and caused water to over flow in my unit and my neighbors unit. The problem is the pipes are shared with all the floors, so there is no way to prove it was only me that caused the flood. I believe the HOA is supposed to annually clear the pipes with jetting, but they haven't done this in the 3 years I have been here. The HOA sent a plumber the day of the incident, and used my unit to snake the toilet. They pulled up a bunch of junk, including some baby wipes. Because of this, they are blaming me for the issue and want me to pay for damages my neighbor incurred. What should I do?

Answer: You admit to having caused the damage, so you should pay for it.


Title: Prescription drug for smoking cessation caused depression, suicidal ideation, led to contracting HIV.

Question:
I'm in AZ now, this all happened in TX.

Maybe seems like a stretch, but the more I go over my diagnosis, the more I'm able to make the connection. When I was in my early 20s, I took prescription Chantix to quit smoking. I stopped taking it after only a month and shortly after I became severely depressed with suicidal thoughts. Every day, I wanted to die. I thought about killing myself or hoped for some major accident to take me out every single day. It led to me not caring about my health and well being. I started engaging in risky behaviors thinking, well I don't want to be on this planet anyway, so who cares? Eventually that risky, self destructive behavior led to me contracting HIV at the age of 22. I'm 30 now, so this has been a while. It wasn't until just a few years ago that I realized the impact my depression had on me and how likely it was that my depression was fueled by the use of Chantix, which has countless reports of causing depression, suicidal ideation and behaviors.

I'm assuming this is maybe difficult to try and prove causation and that it's maybe been too long ago for me to do anything about it now, but I figured why not ask around and see what the consensus is. Being hiv+ is expensive and although the disease itself is manageable and I'm very healthy, the economic effect on my life is glaringly obvious. For example, I once had to quit a really great job with benefits because the prescription coverage was so poor that I wouldn't have been able to afford rent. Any time I think about advancing myself and getting into a career, I'm overwhelmed by the fear of losing my ability to afford Healthcare because it's extremely expensive and I need access to affordable healthcare to live. Btw, the insurance plan that caused me to quit... It was a real insurance plan, not a catastrophe plan, and it wasn't anything out of the ordinary. But things start to look a little different when you require a medication every month that costs somewhere around $3k per month supply and you need blood work done 2 to 4 times a year, costing over $1k each time.

Nobody deserves to be put through this. Please reserve your judgment of my character. I'm a nice person who went through a very rough time at a young age and is actively trying to find a way to a better future while dealing with the consequences.

Answer: Unfortunately, your side effects (depression, anxiety, suicidal behavior) are known side effects of Chantix. NAL, I don't believe there is any recourse here. I wish you luck in the future.


Title: Local sneaker shop is selling a pair of my stolen shoes! What can I do?

Question:
My shoes were stolen from me about 2 weeks ago and I spotted them on their insta. I'm sure that they don't know they're stolen goods, but what if I inform them? That would prevent them from being able to sell them right?

Help please, I don't know what to do! I live in LA, California

Answer: First, contact the police. Then, prove those are your sneakers (which I have no idea how you would do that)


Title: [WA] Roommate is trying to get me evicted

Question:
I am a 19yo female living in a 4 bedroom house with a 30yo male. I was a student in a tight spot when I moved in and I didn't really have many other options. When I moved in, the roommate said that since I didn't have much money, that he paid my deposit and that I could pay him back when I could. I had the money at the time to pay it, but just barely and I figured it was a nice break and put the payment on my to-do list. Everybody signed the leasing agreement and to me, everything seemed pretty kosher. Now, this guy was a bit off, but I just figured he was a lonely guy and wrote it off. He would go on about how I shouldn't bring douchebags back and whatnot.

The other night, I am straightening up as I'm about to bring a guy over and he flips. He tells me that I'm not allowed to have men over and locks me out without my keys or wallet or anything. The next morning, I break in through my bedroom window and collect some stuff and he tells me that I have two weeks to find a new place and that he's going to start throwing my stuff out if I don't leave myself. He then pulls out my last rent check and rips it up. He has also threatened to beat the guy I brought over if he ever sees him near me again.

It is worth noting that all my payments to the landlord have gone through him and now that I have reason to, I finally have the name and number of the landlord, only he won't pick up. I am willing to pay the deposit and the rent for the month, but at this point, I don't feel safe in the house. Is there anything I can do or should I just move on. I know that I do NOT want to live with this guy, but I also don't want him to victimize any other potential females that move in after me. I don't know how to protect myself or others in this situation and would love advice. Thank you all from the bottom of my heart.

NOTE: Since this has all gone down, he has referred to me as his "little bitch" and stated that "no other guy can have you". I have never had any relations with him that would lead to this level of possessiveness and am really uncomfortable living here.

UPDATE: I have gotten ahold of the landlord and talked with him about the situation. He says he is willing to help me get in and out of the house safely if that's what I need, but he still thinks I should move out. I asked if there was any way of staying in the house, but removing my roommate and he says he doesn't know what to do. Would a police report help in this instance of being able to remove my roommate from the house? I actually really like living in the house, it's just the roommate I can't handle being around.

Answer:
 You should be calling the cops and your landlord about anything like this, every time, and there is no reason you should be giving him your money - ever.  Let him file his eviction notice, it's likely a bluff.Answer #2: To sum it all up, you don't want to live with this guy, so you'll need to find another place to live.

In the meantime, you'll want a record of your roommate's actions and behavior, so call the police and file a report. I would imagine that having an officer show up to take a report while your rooommate is home would be optimal, but you'll likely have to go to the station to file one. Include the 'little bitch' comment and other similar remarks in the report.

Was your leasing agreement between you and the landlord or between you and the roommate? And how long have you been living there? And of course where are you.


Title: Sister's Ex husband is trying to sell sister's property on Ebay. How do we proceed?

Question:
When my sister was moving out from her ex-husband's house she suspected that he took some of her things while packing them up. One is a limited edition game boy and the other is her social security card. She has been scouring eBay for the item and today found it listed. There's no doubt in my mind that it is hers. The pictures of the device are on the counter in the Ex's house, the seller location also matches.

We went over to the house with a police officer and her Ex said he didn't have it and the police pretty much said we cant do anything.

My question is what are our options for getting the Gameboy back? The eBay listing only has 4 days left and I doubt the dispute will be handled by the police or eBay quick enough. Should I try to purchase the Gameboy so that he doesn't successfully sell it to someone else?

Located in Rhode island, USA

Answer:
 Obligatory IANAL, If the game boy is that important to her I would purchase it and try to sort it out, in the best case scenario the package would come with the Ex's home addres as return address, just make sure to use a name and address that the Ex's doesn't know about.

I would be far more concerned about the social security guide tbh, I would recommend her to check this link https://www.reddit.com/r/personalfinance/wiki/identity_theft

(I hope I'm not breaking any rule posting the link)


Title: Brother's car was hit. Other party refused to show insurance. He has recorded video.

Question:
Edit, This is TX, USA btw.

Just want to know what his legal options are to make these assholes pay.

Lady refused to show insurance and DLs. She said that she will bring them to court. Then they started making fun of a dent in his car calling him a bad driver.

A soon as they found out he was recording, they freaked out and demanded him to delete the video. Lady grabbed his shirt and tried to take phone away from him. He was recording the the floor the whole time, but you can tell by the way he was running.

A soon as he started calling the cops they fled. HE got their plate numbers, and police found the car. No updates yet. My brother never told cops about the video. I guess he was in shock. First time this kind of stuff happened to him. His young.

They were real assholes and he wants to screw them over. what can he do? I can upload video if you guys want.
Topic:
Insurance

Answer: Sounds like he needs to chill out and let his insurance provider and the police take care of it for him. Answer #2: Texas is a one party consent state so the video will be admissible evidence. He should submit a copy of it to both the police and his insurance company and let them handle things from here.


Title: Dr did a procedure on my daughter without my consent and didn’t bill me or inform me TX

Question:
My daughter is 18 and a senior in high school. She has been dealing with depression for a while, and some self injury. We have her in a support group for self injury which seemed to work she had been in remission for two years. We also have her see our family dr for her medicine. She wasn’t comfortable talking to anyone but the dr she has seen since she was a baby.

So last Friday she had a medicine appointment, I thought all was well. Turns out the night before her appointment she cut herself and deep. She didn’t tell me or her father, but told the dr. Her dr fixed the cuts with skin glue, and told her she wasn’t going to bill her for it, nor would she put it in her chart. I only found out a few hours ago because I saw the bandage on her leg.

I feel like what the dr did can’t be legal, I should at least be informed right? I pay for her insurance she only turned 18  a week ago. Legally she may be an adult but she is just a kid . What can I do?

Answer:
 Your child is 18.    A legal adult.     Things change, time to transition your relationship, and park the helicopter...Answer #2: Over 18 and over the age of medical consent. Due to privacy issues (I think its HIPA over there) the Doctor is not obligated to discuss anything with you, insurance or notAnswer #3: They don't have to tell you about any medical care your adult child receives. She's capable of consenting for herself.

You may see her as 'just a kid' but the law does not and you need to accept that and adjust your mindset accordingly.Answer #4: Nothing. She’s an adult...Answer #5: You don't think it is legal for a doctor to treat an adult without consulting with the adult's parent?


Title: Payday loans?

Question:
If I takes it a payday loan for 200 dollars in Ohio, USA what legal actions could be taken against me if I don’t pay it back?
Topic:
Small Claims Procedure

Answer: These places are in the business of lending to people with bad credit and poor money management skills and you just think they’re going to let it slide? Waiter, I’ll have what he’s having. You’re going to get sued 100% and lose.


Title: Previous landlords screwing me out of my deposit by charging for everything?

Question:
Hi /r/legaladvice. I could use a tip or two.

My wife and I moved out of an apartment a few months ago, and we got our deposit back ($100 out of $600), but they didn't give me an invoice or any sort of itemized list with it. I bugged them for one, and this is what they sent me over email, instead of an invoice:

>Hi REDACTED,

>Here's a brief rundown of what needed to be repaired in your apartment.  After comparing your check in and check out sheets, we found that several differences.  While the apartment was extremely clean after your departure, the replacements and repairs were insurmountable.

>Upstairs carpet stained in many areas

>kitchen cabinets painted poorly, paint marks on ceiling, walls & floor

>holes in doors

>holes in walls that weren't filled properly

>All of these things have resulted in full replacements and funds were taken out of your deposit for this reason.  Again, thank you for cleaning it so well, but unfortunately the carpet is being replaced, cabinets, painting and new closet doors are all going to be new in your apartment.

>If you have further questioning, please contact me.

>Thank you,

>REDACTED

So...

**The Place**

The complex is in **UTAH**, an older set of 6 fourplex-style townhomes. If I had to guess, I'd say 1970's. The cabinets were in not-so-great condition to begin with: the cabinet floors in the kitchen were warped and drooping from prior water damage (the disposal was leaking when we moved in). Naturally, we have no proof of that since they're getting replaced anyway.

EDIT: During the move-out inspection, the maintenance-man never said anything about any of these things. In fact, we pointed out to him that the cabinets were in piss-poor shape to begin with.

**The Manager**

When we moved in September 2013, the manager and her husband were the most awesome managers ever. Then 6 months or so later, they moved out and new tenants took over as managers. They aren't the smartest and failed on a few occasions to give us 24-hr notice upon entering the unit, BYPASSING THE DEADBOLT AND CHAIN LOCK.

**The Deposit**

We paid a $600 deposit according to our contract, including a non-refundable $150 fee, totaling a $450 refund if all went well. As I stated, we received only $100 back with no invoice, then the half-assed attempt I posted after I bugged them for a proper invoice. I've contacted them again regarding a proper invoice, but we'll see how that plays out.

EDIT: In addition, Utah law states that the landlord has 30 days to return the deposit. Our lease stated 60 days.

**The Carpet**

We were informed right before we moved in that **the carpet was 8 years old** and would be getting replaced after we moved out. However, back in June 2014, our unit along with 4 other units suffered a sewage backup of some sort and we were forced to stay in a hotel. Dealing with the renters insurance and the managers was a nightmare all on its own (different story). The downstairs carpet was replaced, but the 8-year old upstairs carpet remained.

---

TL;DR  shitty situation and shitty managers. If you need more details, let me know and I'll try my best to fill in.

Answer:
 Your landlord is required to give you an *itemized* description of deductions and an explanation for those deductions.  What your landlord sent is far from sufficient.

So your first step is to send your landlord a [notice to provide deposit disposition](http://le.utah.gov/code/TITLE57/htm/57_17_000300.htm).  If the landlord fails to comply with the notice within 5 days, then you go to small claims court, file an action to recover the entire amount + costs for filing + $100.

A bit of practical advice: don't bend on this.  If the landlord fails to deliver within 5 days, file suit.  Don't accept "I'll get it to you by the end of the week/month/year."

I expect the landlord will fail to respond.  When you're in court, he will have to countersue for any damages that the apartment suffered and proof of how much they cost.  We can't say what damages he will be able to prove, but the burden will be on him.  Any evidence you have of the condition of the apartment at the time you moved in, or damages outside your control, will be helpful to counter any proof he has of damage to the apartment.


Title: Somebody tried to break into my house. What should i do?

Question:
Location : Portugal

I managed to scare the person away but couldn't identify the person.The person rushed to the elevator and went up and got inside  of their house. Meaning its someone from my building.

How should I proceed with the authorities? I know its not on the USA but can someone give me some tips and advice on how to proceed with this?

Answer: I doubt most people are knowledgeable on Portuguese law.  Generally you call the police.


Title: As a tenant who might have black mold in apartment, is that something I have to take care of, or is it the landlords legal responsibility? (Washington)

Question: So my roommate and I have been getting sick a lot and we realized there's a spot in our bathroom that looks like there's a little nest of black mold. It's a vent/light fixture. And honestly it would be a pain to clean because of how the wiring and placement is, though not impossible. Long story short I want to know if the property management has any legal responsibility to have it cleaned for us since my roommate and I don't want to clean it ourselves and risk inhaling more mold or fucking up the wiring in the light fixture. It is an apartment complex owned by a local property management company. We also have an on site "handyman" who has fixed our wiring before when there was an electrical short. Any help is appreciated since I really have no idea what I should expect since I have never had this kind of issue before. And to be clear, I do not think I am owed anything, if I have to clean it up myself or hire someone to clean it, I will.

Answer: One does not clean black mold, one cuts out the entire bit of drywall in which there appears black mold.  Call the landlord, they are responsible for cleaning that shit.


Title: [MB] A am a witness to an accident, being taken to small claims

Question:
This is in Manitoba, Canada. Apologies, I only have a passing idea of the law.

I was witness to a motor vehicle accident. Long story short, while turning in an intersection, Vehicle B hit Vehicle A. (If you need more detail about the accident, let me know and I'll update.) It was not a serious accident, no one was hurt, just minor vehicle damage. I believe vehicle B was at fault. I spoke with the driver of vehicle A and was willing to be a witness.

(To those not familiar, private vehicle insurance in Manitoba is not a thing; Manitoba Public Insurance is publicly owned, so everyone has the same provider. They handle both sides and determine fault, etc.)

MPI called and asked for a statement. I provided it, and they ultimately ruled vehicle B at fault. The driver of B is now suing A in small claims. I am willing again to support the driver of A, and they've asked me to be a witness. I agreed.

I have some pretty basic questions about this. They are:

1. I have never been to court before. Is there anything I should know or look up beforehand? (e.g. decorum, rules, etc.)
2. I have copies of my email to MPI with my full statement, including pictures I took of the scene post-accident. Do I need hard copies? How many?
3. Do I need to expound on my witness statement in court? It's pretty thorough as is. Is there cross examination?
4. I have not been subpoenaed or anything, I don't know if that's even a thing for small claims. Is there some formal way I need to declare myself a witness?
5. I have not been in contact with B in any way, do I need to share my evidence with them before the court date?

I'm probably overthinking this, but I appreciate any help you can provide.
Topic:
Small Claims Procedure

Answer:
 1.  Small claims is designed for people who haven't ever been to court, so the rules are pretty relaxed.  Dress nicely, address the judge as "Your Honor", and don't speak unless he tells you to.

2.  If you take evidence, take three copies of everything.  You probably won't need more than one, but three is pretty safe.

3.  If you're called as a witness, you'll have to answer questions.  Take time to think about the question and then tell the truth, including "I don't know" or "I don't remember" if that's the case.  Yes, you could be cross examined.  Same rules.

4.  In Small Claims, you could probably just show up and one of the people involved in the case could call you as a witness.  It's a lot more relaxed than regular court.  If there's any procedure to be followed, that's up to the people actually involved in the case, not you.

5.  It's probably best not to contact the other party before court.  If you should share evidence, that's another thing that A should handle, not you.

Really, the main thing you could do wrong (besides lying on the stand, don't do that) would be to talk when it's not your turn to talk.  Judges don't like interruptions.  If the judge asks you something, then you can talk.  If he's listening to somebody else, keep quiet.


Title: [Update] I'm 16 and my dad refuses to get me vaccinated, him and our doctor falsify vaccine papers so my school thinks I am up to date but I'm not.

Question:
Original post: https://np.reddit.com/r/legaladvice/comments/3xaz7x/ny_im_16_and_my_dad_refuses_to_get_me_vaccinated/

Turns out my grandma had a record of which vaccines I really had recieved. I went to the travel doctor explained the situation and was given a tetanus booster, polio booster,  and hepatitis A. I was told I have to come back to get more later as well. Grandma paid for everything and I haven't told my dad I got vaccinated. I reported my original doctor that was falsifying the papers but nothing that I know of has happened yet. New doctor said I am all set to Namibia.

Answer:
 Read original thread; great news. That doctor deserves to have his medical license stripped. As long as you got the sign-off from your doctor stating that you have the necessary vaccinations to travel to Namibia, you're good to go.Answer #2: Good shit.

Also, if you're going the prophylactic route with malaria, check with your doctor as some malaria drugs can inhibit some vaccines. I know off the top of my head one drug inhibits the effectiveness of the rabies vaccine.

I know of a peace corps worker that died because of this.

Stay safe and good luck.   Answer #3: OP, I recommend you never tell your dad about it.

You've accomplished your goal, but remember some people are set in ways and will not acknowledge facts even with confronted with overwhelming proof.

If you value your relationship with this person, accept that they are deeply flawed and don't try to make them into someone who they can't be. The world is full of people like this sadly, across all kinds of areas of life.

Best of luck to you.Answer #4: Cheers for the update OP, your grandma's a boss. Have fun in Namibia!Answer #5: This is good to hear, but perhaps one of the lawyers here can set my mind at ease. If the father finds out, is there any way he could get the Grandmother in trouble, since she isn't the legal guardian, yet facilitated these vaccinations?Answer #6: Also a reminder that you'll probably need a meningitis vaccine before you go to college.


Title: Meth lab next door?

Question: Neighbor next door has basically abandoned the property. Is currently renting or letting someone stay there with no utilities. Always people yelling about drugs and fighting. Strong chemical/burning smells 24/7. Other than moving do I have any other options? Doing nothing has only led to things getting much worse.

Answer:
 Good lord, call the police and tell them about the smell.Answer #2: Call the police.

Police like easy wins as much as the next person, so make sure you supply a lot of detail.

For example, this:

"My neighbors are probably cooking meth." is only slightly helpful.

On the other hand:

"My neighbors, at 123 Fake Street, appear to be cooking methamphetamines in their basement. A strong smell is emitted from the southwest windows from 10AM to 3 or 4PM every other day. Whenever the smell is emitted, there are usually two additional vehicles - a Mazda 323, license plate ABC123, and Ford Ranger, license plate EFG789. On days when no smells are emitted, there are numerous vehicles that arrive and stay no more than 15 minutes. These include a Chevy Malibu which stopped on Tuesday January 8 at 10:00AM for 5 minutes, license plate XXXXXXX, etc."

You don't have to sit there with binoculars or put up a camera with a huge telephoto lens, but having detail means the officer taking your report can just punch stuff into a computer. If any warrants pop, then you're a lot more likely to get some attention.


Title: (ID) Can incarcerated juveniles be forced to take vaccination shots if they say they do not want to?

Question: I work at a juvenile correctional facility in Idaho and last week the nursing staff were doing general vaccinations for the incarcerated juveniles. 1 resident did not want to receive any shots and verbally stated that. Two staff then restrained him and forced him to be still so the nurse can administer shots. Is this legal? Can the state be sued for forcing an individual to have these shots?

Answer:
 As a minor, they cannot consent or revoke consent to any medical procedure (excepting reproductive health). Normally, their parent would authorize or deny consent in these situation. Because they are incarcerated, they are by definition wards of the state, and the state can decide on their behalf what medical procedures are required, and use force to enforce those mandates.

The close quarters of a correctional facility require a higher degree of public health prevention measures than the regular population, so vaccines aren't a joke in those situations.

There's a simple solution if they don't want the state to force them to be vaccinated - stop committing crimes which require them to be incarcerated. But there is no valid medical reason for them to refuse most vaccinations, barring any legitimate counter-indications (like an allergy to eggs).


Title: My manager is taking my tips

Question:
I'm a bartender in florida. My bar manager doesn't know how to write a schedule, and we are consistently understaffed. My manager comes back to help when we are weeded, but more realistically he comes to help when his friends are at the bar and he just takes care of them.

At the end of the night, he takes a portion of our tips because he was bartending. Hes a salaried manager.  Is this legal?  What statutes or laws can I use to determine if I'm over reacting or if he is essentially stealing my money?

Answer: The general answer is no, the supervisor can’t take a share of the tips. But this supervisor also bartends for part of the shift and now you have two conflicting principles: the tip is the property of the employee to whom it is given, and when you pool tips that complicates things. I can see arguments on both sides. Questions: is this supervisor also an owner? Can he/she hire/fire you, or is he/she more of a shift supervisor/lead? Does the supervisor only take a share of the tip pool when he/she has performed bartending services during that shift? Or does he/she take a share after shifts where he/she made no drinks? This problem really exists because of the tip pooling; if you guys didn’t do that then it wouldn’t be an issue; when your manager made a drink and rang up the customer they would keep that customers tip and that would probably be legal since it was given to them. I know bars don’t generally work that way since tabs are run and if you have a service bar, the servers tip you out so it’s customary to pool among the bartenders working that shift. But that makes this not an easy question, it really depends on a lot of facts and tip pooling has led to a lot of weird cases. Don’t know if this helps just some things to consider.


Title: Me [19M] with my roommate[19M], he got a cat without asking and is getting violent.

Question: [deleted]

Answer:
 1) You could call the police for assault.

2) Tell your landlord that he's violating the lease. Are your leases separate or together? If they're separate, it'll be easier for the landlord to evict just him.


Title: MA - Responsibilities of a company to an employee with ADHD

Question:
I declared to HR that I am ADHD, and provided signed psych eval documentation indicating such. The company's HR department has asked me to let them know what I need to be successful in my current position, and I've been so busy, I've not taken the time to put anything together for them.

Is the onus entirely on me to let them know what I need, or should they provide some kind of training for my manager, who has been rather unforgiving and obtuse at times?

Answer: You need to do your part. ADHD is a broad diagnosis, and not every sufferer has the same needs. You need to sit down and figure out what is making your job difficult, and figure out which accommodations would help with that. If you can't find anything then you may not need any accommodations.


Title: Can public school Teachers grade an assignment that requires one to pay to complete or attend?

Question:
In March, my school's orchestra will be going on an overnight trip that costs each student $150 to attend. The Orchestra Director, or Teacher of the Orchestra class, plans on making the attendance to this trip worth 30 points in the gradebook, regardless of the fact that some students may not be able to pay (although financial aid is available).

I'm wondering, for Washington State specifically, are Teachers allowed to do this?
Topic:
School Related Issues

Answer:
 Have you discussed this with your teacher?

I imagine they have a backup plan for those that cannot afford to attend.


Title: My brother is in prison for something I did. I want to own up and make sure he's released.

Question:
I'm 17. In Washington state. Last year I sold some drugs to a girl in the neighborhood and her parents told the police and eventually they arrested my brother who was trying to get rid of my drugs so I wouldn't get caught. I told my parents but they told me to keep my mouth shut.

I can't live with myself. He has to serve until at least 2021. He'll be 26 by then. He's done nothing wrong. It's all me. My parents keep telling me to keep it shut. They say it's already behind the point that I can do anything and I'll end up having myself locked up alongside my brother.

I want to confess. I'm willing to face whatever consequences that comes my way. I don't know what to expect. My questions is that if I confess, will they listen to me? And will they release my brother? Will they make his record clean so that he doesn't carry a criminal record for the rest of his life?

Who should I go to? Police? My brother's lawyer? Do I need permission from my parents? They don't want me to do it.

How can I make it right for him?

Answer:
 Nah don't bring this up to anyone. You owe your brother your life for this when he gets out. Go to school, get a good job and take care of him in any way you can.Answer #2: ~~Are you still a minor?~~

Clearly you are.  You said you're 17.  I'm an idiot.

In WA you automatically qualify for a public defender.  If you are in king county I suggest you contact [The Department of Public Defense](http://www.kingcounty.gov/courts/public-defense.aspx).  You will want to arrange a deal with them.

The problem is that your brother at least possessed the drugs long enough to be caught with them - which means A) he was in possession and B) was attempting to destroy the evidence. That said, it is possible that a deal could be worked out where his conviction was vacated and you pled guilty - But you need a lawyer on the front end.

If you're in a different county, google public defender and Island County or Thurston County or Grant County or wherever to find out which agency represents.
Answer #3: As others have mentioned you will not likely help your brother out at all, merely wind up with a record yourself.

I haven't seen anyone else mention that your brother could wind up with aiding and abetting or potentially other charges.

You could infact further screw your brother by bringing the matter before the courts again. Keep your mouth shut.

If you want to help your brother then stay in school, stay out of trouble and do your best so you can help support him when he gets out.


Title: This happened at 3AM. I got fucked up on crystal meth and was in a fast food bathroom by the sink half-naked when someone walked in. The person ran out and called security, who kicked me out. Could the police have been called? Could I have gotten charged?

Question:
State is California. City is Los Angeles.

This  happened at 3AM. I got fucked up on crystal meth and was in a fast food  bathroom masturbating. I exited my stall half-naked (in just underwear)  to wash my hands. Someone walked in and saw me. He ran out, called  security, who  kicked me out.

Could the police have been called? Could I have gotten arrested?

Answer: The answer to “could the police have been called” is always yes, because they can. If you had your underwear on in the bathroom, I can’t see you getting charged for that (after all, it’s a bathroom). However public intoxication and/or “disorderly conduct” depending on how fucked up you look/act when the police arrive is definitely possible. Not going to lecture you on how absolutely insane crystal meth will make you all while you tell yourself you’re completely fine though, I’ll let you figure that one out.


Title: (Florida) My former receptionist is violating her non-compete agreement. Options?

Question:
Two months ago I had to let my front desk receptionist go because my wife wanted to return to work because all of our kids are old enough to go to school in the fall (and we have day camp childcare arranged for the summer) The receptionist had a signed non-compete agreement when I hired her eight years ago. It states that she cannot:

**work at any other real estate office or for any law firm or insurance company office or property development office or government agency or advertising agency that handles real estate transactions, in any job at said places where her title is 'receptionist', 'secretary', 'assistant' or 'administrative assistant', in any of the 50 states that make up the United States of America, for a period of three (3) years.**

She's working as a receptionist for a realtor in the next city over. When I called to remind her about the non-compete she hung up on me. What are my options or recourse in this situation? Can I take action against her for violating the non-compete agreement?

Answer:
 That's an absurdly broad non-compete, and further, you fired her.  And why would you need a non-compete for a receptionist anyway?  If you were worried about secrets, you should have had her sign an NDA, not a non-compete.  Courts do not like non-competes that completely prevent someone from working, especially when you cannot point to any resulting harm to your business, and especially when it's a fairly low-level job held by a person who badly needs to earn a paycheck.

Consult a lawyer if you want to sink a a bunch of money into this, but letting it go is certainly worth considering.Answer #2: I think you should talk to a lawyer. Make sure you pay the retainer up front.

In all seriousness, you let the receptionist go, because your wife wanted the job (after 8 years of working for you) and no fault of her own.

Thinking about it logically, if you could just hire someone, make them sign a non compete, fire them and enforce the non compete, what do you think would happen to jobs? All of a sudden there is one doctors office in town instead of a few choices, and a bunch of people sitting around without jobs.

Get bent.Answer #3: Move on in life?  What are your damages?  A court isn't going to allow you to enforce a full 50 state non-compete for an administrative assistant.Answer #4: So you basically want to stop the woman from making a living. Wow. There's no way a court is going to uphold a non-compete for a receptionist, especially THAT non-compete. Did a lawyer draft that for you? You should fire him/her. You should also find a conscience.


Title: Brother arrested for child endangerment with no evidence

Question:
This is happening in TX. A few months ago my brother and his wife were notified by CPS that their oldest son (about eight) was at school with "a belt mark" on his face and they were investigating. The child had been spanked the previous night but my Brother and 2 witnesses never saw him struck anywhere but the seat of his pants.

Investigation happens and apparantly they have a forensic expert report "yep its a belt mark" and they meet with a judge. Both Parents were sentenced to parenting classes and my Brother cannot be with EITHER of his sons until completion.

Now, 2 months later, my brother has just been arrested at his work for Child Endangerment. What the hell can we do to try and control this dumpster fire? There's nothing I've seen that says the mark on the child wasn't from something at school and this seems wildly out of control.
Topic:
CPS and Dependency Law

Answer:
 They dont arrest without a TON of evidence for child abuse cases like this.

You brother belted the child. The child has a belt mark on their face. The child has had a forensic exam that says they were hit in the face with a belt...

Your brother needs an attorney


Title: New building owners want to meet to discuss a buyout (am in a rent-controlled building in a desirable neighborhood in LA)

Question:
I live in one of Los Angeles' most up and coming neighborhoods. I moved into my building about two years ago. I pay about $1150 for a rent-controlled, top floor one-bedroom unit with private entrance, hardwood floors, views, and no shared walls. I also live very close to the neighborhood's main intersection (within 2 minutes walking), very desirable spot.

The new building owners supposedly are not trying to evict anyone or invoke the Ellis Act, but want to see if anyone is interested in talking one on one about taking a buy out.

I'm planning on leaving LA in the next two years or so anyway (which I would not disclose to them obviously), and potentially moving in with my girlfriend soon. I love it here but if they offered me enough, I'd take it.

I'd like to know how much is a reasonable amount to negotiate?

Around this neighborhood, studio units on the outskirts of the area are going from anywhere between $1100 to $1800 a month, and a one bedroom across the street (albeit a nicer place) went for $2600 a month.

I feel like I stand to gain a lot by vacating. Some people have suggested I start with 25k and negotiate lowest to 20k (considering taxes, moving expenses, etc.)

I feel like that's reasonable but don't want to undersell this opportunity. Advice appreciated!

Answer:
 Not legal advice, but the best negociating advice I was ever given was "make them give the first offer".

That way if you're not even in the same ballpark as them, you can walk away. Or they could be willing to offer more than you're asking--if you offer first you could be shooting yourself in the foot.


Title: (NY) wages taken for customer theft

Question: My cousin is a cashier at a Sephora and they are not paying her for the day because somebody stole a product worth $150 during her shift. That can't be legal, right?

Answer: Definitely not legal. Contact the NY Department of Labor in case they do deduct from her wages.


Title: Should I ask to not be billed for repeating info to a new paralegal?

Question:
Hello and thanks so much for any insight and advice!

When I first signed up with my lawyer I was assigned to a paralegal.  Over the course of around a month and quite a few emails and phone calls I explained the details of my case.  Recently a new paralegal was hired and my case was reassigned to him. Over the last month I've had what I'm guessing is going to amout to 4 or 5 hours of billable time in emails and calls, all of which are me repeating and resending information I'd already sent to the first paralegal.   I've already gotten one bill that shows I'm being billed for at least some of this correspondence, and I'm wondering if thats just the way it works or if I should ask to get a credit.  I feel like I'm being double billed and using a lot of my own time repeating myself, but I also dont want to burn any bridges. Can anyone help me get some perspective?  TIA!

Answer: Yes, you can definitely question this bill.


Title: Is my employer illegally garnishing?

Question:
I recently started with a new employer and am in the process of being added to their health insurance. Their policy is good, premiums are low, deductibles low.. but they charge money to take time off. They charge $3 and some change per hour I don't work under 40 hours.

If I work 79 hours, it's $3 plus the premium. Their payroll shows that it's earned each pay period, which in my eyes shows that it's wages, and they actually offer no coverage, OR it's not earned wages, but rather wage theft if you miss because the document you sign to enroll has nothing outlining this. HR went over it with me, but it's simply in a folder, not anything I would sign to enroll. The only document to fill out to enroll has none of this information, it is simply on a random sheet of paper in the folder I was given.
HR stated "you get hired to work 40 hours"

Note: this is for unpaid time off, everyone is hourly and it's not uncommon to be slightly under 80 hours given the schedule.

It's not about the money, premiums are very low, it'll still be cheaper than most employers insurance with taking say 3 weeks off a year.

Hoping to get some opinions before paying for a specialized attorney.

Answer:
 You get paid hourly.
They offer health insurance, but it sounds like only to 40 hour a week employees.
So if you drop below 40 hours in any given week, you have to pay part of the coverage back?

What percent of the premium does the employer normally cover?

This does sound odd.


Title: Californians here. Had run in with police last night. SO was issued a Petty theft ticket. As SO was issued ticket it was discovered there was a warrant for SO as well, also petty theft from a few years ago. Court date in a month. Ways to proceed?

Question:
California.

So here is what happened. Last night(2AM) SO and I were intoxicated and grabbed a plant/pot(twice the size of a shoebox pot, small plant) and took it a street over and put it in the house. Honestly didn't think about it and would returned it in the morning when we came to our senses. About and hour later we wake up to police at the door, presumably a neighbor had called. They issued the SO a ticket for petty theft. Upon running the license they discovered a warrant had been issued for arrest at the end of 2013. This was for a Failure to Show at court.

The previous Failure to show at court was the result of a very unfortunate misunderstanding at a pharmacy chain store. Basically an animal collar was left in the cart as they walked out on the LP thought they were stealing. Now the fine from the store was paid off immediately after it had occurred but through miscommunication the need to go to court was lost on all parties.

Understandably petty theft isn't the biggest issue, especially when dealing with very low cost amounts but it was an unfortunate series of events. Now SO has court dates for both. They are actually on the same day at the same time. The thing is that I should probably be the one charged with the theft of the plant. As it was my idea and I carried it to and from.(No harm was done to the plant and we had it for an hour or so)

So basically it seems the best way to approach this is I take the charge for the plant(tell them in court) so the SO can deal with the failure to appear from a few years earlier. We are just worried if my SO has to have deal with both, subsequent petty theft charges don't look good. This is pretty much what we will be explaining to a Public Defender. Is there any other advice that can be thrown into this? We has honestly made a mistake with the plant, were extremely courteous dealing with the police and have no priors.

Edit. Court dates for both are at the same time, city, court etc.

Answer:
 > So basically it seems the best way to approach this is I take the charge for the plant(tell them in court) so the SO can deal with the failure to appear from a few years earlier.

For the love of all that is holy _do not do this_!  The best case scenario is that the prosecutor simply ignores you, as it's not unheard of for a defendant's SO to try to take the fall.  But it's just as likely that you will end up charged with theft as well.  They won't simply drop the theft charge on your SO.  And why should they?  From what you have said here, he's just as guilty of theft as you are.  Please, do not do this.  No good can come of that.

What you _should_ do is let your SO talk to his lawyer, and your SO should do whatever the lawyer tells him to do.  That is the only thing you should be focusing on.

That, and making sure your SO doesn't miss any more court dates, and that your SO is there early.  Believe me, you do not want to even be late to court when you've already got one failure to appear warrant.

Good luck.  Answer #2: This is the stupidest thing I've ever heard.  Talk to the public defender assigned on both cases and they should be able to get this cleared up for some kind of diversion.  Don't talk to anyone other than the PD.


Title: [MD] Quitting job soon. Questions and worried about possible retaliation.

Question:
This all takes place in MD which is an at-will state in terms of employment but there are
 still a few things that I want to get some clarification on and make sure that I (legally) cant be retaliated against in any way.

Heres my situation:

Preface: I work at a small sized company of about 60 employees.

1. I have no written contract with my current employer. However in the past she wanted me to tell her that I would commit to the company for a lifetime when I was expressing that I was underpaid and undervalued. I never said the words "we have a deal" nor did we do the traditional hand shake over it. I am mentioning this, as silly as it sounds, because I believe she will try to use this as some sort of verbal employment contract that has no end.
2. My development IDE is licensed to me, personally, as a part of the Microsoft Dreamspark program. I had mentioned this to her when I first started developing with another developer who has since left and she shrugged it off as a benefit since she didn't have to front the cost of a new license. The other developer ended up simply getting a pirated copy of the enterprise IDE, and the CEO seemed to have no issues with this (although I'm sure she can claim ignorance).

There are many more points that I can get into here but I am exhausted and just want this to be over, so here are my legal questions:

1. Basically from a legal standpoint all I am going to do is go in, hand her my signed two-weeks notice and I have will have a witness there for any further discussion between us. Because MD is an at-will state this is all I really have to do, right?
2. Can she somehow say that the conversation we had months ago constitutes a verbal employment contract, one that had no end (she said she wants a lifetime employee), and that because I "committed" to her that constitutes me agreeing to stay with the company until...whenever?
3. My IDE license leaves with me. It is non-transferrable per Microsofts TOS and EULA and therefore has and always will belong solely to me. I will reinstall the IDE to the free version which has a smaller subset of features (some of which might be required for the enterprise distribution that we were doing). Can she sue me for this or come after me in any way? I am stealing NO code from her as she owns all of the code I wrote while I was "on the clock." I am simply taking my IDE license with me when I leave and she will either have to buy her own enterprise license or continue using the pirated copy that one of the other developers had obtained.
	* Can this pirated copy come back to bite me in the ass in any way even if I never used it? Can she somehow say she was ignorant that I had or knew someone that had an illegal copy of the software and then somehow sue me for the fact? The developer who had obtained it quit long ago and I took his computer when he left as it was better than mine, meaning all of his programs are still on it including that illegal copy.

**Heres an important one**

4. After this is all said and done I want ZERO contact from this company. No ifs, ands, or buts. I will be gathering all of my coworkers there at some point and asking them, as a friend, to NOT contact me for ANY REASON regarding some information they need from me about the company or the network setup or the codebase. I will tell them that if they do contact me regarding needing information from me I will either ignore the request or simply tell them no. I am giving my boss two weeks to get all the information she needs from me.
	* Example: I have the only intimate knowledge of our codebase and the only intimate knowledge of all of the IT systems in place since the old IT guy left and I was basically forced into the position for non of his old salary. I am giving her two weeks to get all the information she needs from me and after that I want ZERO contact. I will ignore all phone calls and letters from the company unless they are from a lawyer, is this OK?

Answer: That's a lot of not relevant information. Yes all you need to do is give notice and written is best. You generally have no obligation to assist a former employer in any regard.


Title: I and many other girls were sexually assaulted by a man a few years ago. I have tried to come forward but they won't. How can I move forward?

Question:
So first off, my and the other girls assaults took place over 4 years ago. I know of 5 assaults he has committed. (If they are all true)

This has always been a touchy subject for me. I have gone over and over in my head what I could have done to handle it better. Had I not been 17, and so naive and afraid, I could have sought justice. But the man that had assaulted me has done it multiple times to girls I know; I want to finally find closure and have him face the punishment for the assualts he's committed.

I had  known the guy "Jay" since I was in 8th grade (2010), and around the time we also hooked up. This is a huge reason why I hesitated go to the police at first or have people believe me. But it does not give him the reason to assault me... Even though the assault took place 4 years later (2014) I have known of the other claims from the girls within the circle of my friends before it took place. None of the other girls made a police report. I had also been in a relationship for over a year during this time. In high school, (2011) when I first met him, he was accussed of rape. Detectives came to our school and interviewed many people, but the case never got further than that.

The night it took place I was hanging out at my friend Brianna's apartment. There was around 5 people hanging out including Brianna and Jay. Everyone was chilling out in her bedroom taking turns playing Peggle on the XBOX 360. Everyone else was drinking, but I wasn't since I had work the next day. I had fell asleep around 4 am in her bed while everyone was still awake in her room. This is the last thing I remember before the assault happened.

The assault took place in the morning... It is very hard for me to relive. I woke up sometime in the morning to Jay's fingers inside of me and him jacking his penis off on me. I didn't know what to do. I felt awkward, afraid, and motionless all at the same time. I made no advances, why is he doing this to me? Do I run, scream, fight? I just laid there lifeless in fright of   what could maybe happen. I didn't know what he could do... Within a minute or two his phone rang, then he got out of bed to answer it , since his phone was on the dresser across the room. I felt relief, thinking, maybe he did this to me in a mode being half asleep...? But he didn't... After he ended his call, he climbed back into bed and continued to assault me. After minutes (which felt like hours) I planned an escape. I eventually just sat up out of the bed, grabbed my purse, and ran downtairs to Brianna's garage. I called my sister to ask for a ride home. While I was waiting I could hear him right outside the door on the phone. I was so frightened; would he try to assault me again? I felt awkward, what if he came into the garage nonchalantly? Like nothing happened? I have never dealt with so much anxiety in my life. Thankfully, I was able to go home without facing an encounter with him.

I couldn't really process what had happened to me. I know it was bad, but since it wasn't rape, I thought others or police wouldn't take it seriously. That day was a blur. But eventually I told friends and family what had happened, and they encouraged me to go to the police. I made a report, but was later informed they could not make a case since there is no evidence and is "hearsay."

Jay also found out I did this through the grapevine. My sister received a threatening call from his mom (we didn't live the best lifestyle at this time, lots of drugs were involved.) They basically threatened my life.

Its been a long time since the assault has taken place. But I can't find a way to get over it. Plus the threatening calls has me afraid of reaching out and coming completely forward.

Jay just served 2 years  in prison for an unrelated crime (I believe bulguarly?) and is out now. But he never paid the price for what he has done to me and the other girls.

There is no evidence. I currently see a therapist (for this and other reasons) and she has always expressed that I need to seek closure. I don't know how. What can I do? The police would not pursue my case due to lack of evidence. And his rape case happened when he was a minor. Should I try to reach out to the other women? I am stuck in a rut... And finally want to move past this...

Answer: First, you should continue seeking therapy.  Past that, before you reach out to any other women who were assaulted I would recommend reaching out to the supervisor of the officer or detective who handled your case when you made your first report (the statement they gave you about hearsay is nonsense, your testimony is evidence and unless you are repeating a statement of someone else that was made outside of court it’s not hearsay), see if that can restart an investigation.  You should also try reaching out to the local prosecutor and explain what happened.  I won’t speculate as to why the cops didn’t pursue your case the first time, but I will say the reason you say they gave is bogus.  It may be that ultimately they don’t think your testimony alone is enough, but that doesn’t mean your testimony is hearsay.


Title: [CA] Leaving the country after wife asked for a divorce

Question:
What would happen if I left the country after my wife asked me for a divorce?

If she is unable to serve me or I don't sign the divorce papers, is there a time frame before a response is required from me for the divorce proceedings begin anyway?

If I am out of the country and unable to contest anything she may add to the divorce settlement, will I be considered by a judge? Or will she automatically win?

If I'm not in the USA, what happens if I don't do as was asked by a judge? ie. pay support, fees etc...

Answer:
 Most likely you would lose by default.  You can't force someone to remain married to you.  And probably lose your legal residency.

Why don't you try to mediate a settlement with her and get it over with?  Do you even know if she's going to ask for child support?


Title: Fell down stairs at apartment

Question: I dislocated my shoulder and fractured it. I went to the emergency room and may need surgery. The stairwell is really dark and I wanted advice on how to present the situation to my landlord to get money for medical bills. I'm in Oregon

Answer: Just because you fell does not automatically make the landlord liable. Answer #2: Why is this your landlord's fault? Really dark doesn't mean any light at all. Have you ever complained? You'll need to consult a personal injury attorney.


Title: Girlfriend stopped from flying to UK from Chicago, IL due to being a minor by her parents / principal.

Question:
Hi /r/legaladvice, I'll start from the beginning - It's not so much that I need a lawyer but, I need help to make sure everything I'm doing is right.

Since November, I have had a ticket booked for my girlfriend (living in Chiacgo, IL) to fly from O'Hare to Heathrow airport (United Kingdom). We've been in a long distance relationship for 3 years and first met previously this April. I got a job back in september and after my second pay day I booked her this ticket. When booking this ticket, I did extensive research to find which airlines allow a 17 year old to fly alone, as I found out [here](https://www.united.com/web/en-US/content/travel/specialneeds/minors/default.aspx) United Airlines allow this so I proceeded to book my ticket with them.

Up until yesterday everything was fine. Yesterday evening my parents made a phone call to my girlfriend's mother to assure her everything will be fine, but during that call we found out that my girlfriend had just called her parents to go down to her school as her principal had found out she was going to be missing school time.

From what my girlfriend told me this morning, the princibal boiled it down to 3 things.
* My girlfriend is a minor
* Minors are not allowed to fly alone (she would need an adult)
* If my girlfriend ended up flying to the UK for christmas and missing her school days, the princaipal would be forced to report her to her state's [Child Warfare](https://www.childwelfare.gov/) as well as mentioning [HHS](http://www.hhs.gov/regulations/index.html)

When asked why they'd report her, he simply said that if something happened to her while she was here in the UK, her school will be blamed for it alongside her parents (he proceeded to say, and I roughly quote this, "How can you go to people you don't even know?!" despite her parents assuring him that we've met and trust each other etc. followed by "you could be kidnapped, operated on and have your organs removed and sold. These things happen, you know." - in other words, scare tactics.)

Anyway. The ticket for her flight was cancelled this morning by yours truly and this next part is where I need the legal help.

One of the major issues is, right now, she can't fly during school time otherwise she risks being reported (and worst case repeating the grade), so am I right in thinking that if we re-book her a flight on the day she finishes school (after she finishes school for the day) and she goes home on the days before she goes back after winter break, there's nothing the school could do. She wouldn't be on their time, so they wouldn't get blamed for anything if (God forbid) something did happen. Am I right thinking that?

Next up was the issue about her being a minor, which was already resolved but has now resurfaced. Her mother seems to think it's Illinois law that a minor can't travel alone, however, with the united airlines "unaccompaniedd minor" service she would be allowed. (Also as some reference, my girlfriend has flown to NYC from IL to visit friends *alone*)

As a final note, I did manage to get her parents to pay me back the money I spent on the flight so that's not an issue. I'm just wanting to cover myself here so everything I tell them about the idea of booking her flight for when she finishe school is bulletproof. That there's no legal issues wrong with what I'm suggesting. I know this may be a bit different or the wrong place to post but any advice or confirmation would be a great help.

Answer:
 Airlines allowing minors alone isn't the issue. The issue is her parents have full control over her until she is 18. They are probably just saying they don't think she can fly alone because they don't want to hurt your feelings when they really mean they don't want their minor child going to meet and stay with some guy in another country they dont know that well. (which is why they have let her fly alone before but not now)

Just wait until shes 18 Answer #2: If you want a "bulletproof" plan, wait until she's 18. Trafficking a minor that you intend to have sex with is never a good idea.


Title: Missouri. Just moved in six days ago. Had issues with two apartment provided dryers. The last one caught fire after one use.

Question:
I moved in six days ago. The apartment complex provides washers and dryers in the unit. Four days ago I went to do laundry and the dryer wouldn't work. Well it would work for a minute and then shut down, getting very hot. Put in maintenance request and didn't use it. They came the next day, replaced it with another used dryer. I did one load while he was there, seemed to do fine. He left and went on his way. Didn't touch the dryer again until last night. Started a dryer load and pushed the start button, nothing was happening. Pushed it again and checked to make sure the door was shut just in case I am dumb. When I open the door I notice some orange glow coming from the back of the machine, get the fire extinguisher they provide in unit and put the fire out. I am not sure if it 100% works and by this point the smoke alarm is going off so I call 911 after using the fire extinguisher one more time.

The fire department comes out and blasts it with a fire extinguisher again because the glow is back. They then pull the dryer out from the wall and remove the back. The unplug it from the wall and blast it again.

The then take the top off because they said it was still reading hot and poured some water into the machine, I think. I couldn't really get in their way but they mentioned water and said it was reading hot on the top.

They basically ripped the dryer apart. Which is what they had to do.

They came over and told me there was lint built up in the back of the machine and told me to tell maintenance and not to hook it up again.

I called emergency maintenance and they said they would be here in the morning. They show up with a lady from the office to assess the damage.

They are saying they want to a) charge me for the dryer even though there is no way that built up lint in the back is my fault (lease mentions the machine being there to maintenance and replace)  b) they want to charge me to professionally clean the floors and walls c) they want to charge me for a replacement used dryer since " I went through 2 already" ( If you gave me one that worked in the first place we wouldn't have this issue)

They are refusing to let me buy my own new dryer. They are refusing to put one in until I pay for the broken one and the used one they want to install.

I have renters insurance but a) fire was not my fault (they claim it was because I did laundry) and b) I think this responsibility falls on them and not my renters.

What are my rights here? Lease clearly states dryer and the maintenance of are their responsibility. The floors and walls could easily be cleaned by me. No smoke damage at all, just the stuff and water left over from the extinguisher. It could all be easily mopped up.

 Do I have any liability here?

Answer:
 They provided a poorly maintained dryer. Had it been inspected and maintained properly, it should not have caught fire under ordinary use.

I don't see how they could blame you or defend that in court.Answer #2: > lint built up in the back of the machine

You also want to clean out your dryer vent tube as a clogged tube can cause a fire. If the FD's report notes that than show it to management arguing that you were only there 6 days, nowhere near the time it would take to get enough link to cause a backup.


Title: Fence installer abandoned project halfway through.

Question:
Awesome start.  Super into job. Definitely enjoyed his work and had clear experience, knowledge and passion.
He has another project waiting on permits and is in the middle of moving out of his house waiting on another house to become available to move into.  Clearly has a lot of shit going on and I understood the delays.
Today after 2 days of radio silence and no shows one of his employees calls me and fills me in on what happened

He spent all of the money the other job and I have paid him on cocaine and left his family at a hotel with $20 left in the account and went MIA.  Still has tools and equipment at my house.  Neither job is complete and he did not pay his employees.  The contract we signed does not specify a date of completion and has spelling errors.  I’ll have my wife send it to me so I can upload shortly.

What’s my next move r/legaladvice ?  I do not want coke on my property especially thousands of dollars worth on one brain...

Answer:
 You paid him in cocaine...?

Edit: Nevermind, misread. Still leaving it like this.


Title: (San Diego, California) The mother of my child wants to leave and take him with her.

Question:
Hello legal advice.

My friend and I had a child together. Things have always been touchy between us but they were always small matters typical relationship stuff. About a week and a half ago we got into a big argument and she finally had enough. She decided to leave and take my son with her. I don't know where she is staying or with who.

My name is not on the birth certificate but I am the biological father. I want to file for paternity as well as try to get primary custody of the baby. I don't feel his mom is able to provide a safe environment nor that she will be able to provide very well at all.

I was wondering what I should expect going through this process and what I should prepare. Any and ask advice is greatly appreciated. I'll share add much information as I can to clear anything up for anyone.

Answer:
 You should get a lawyer to start the process.

And start lowering your expectations.  Absence actual evidence of abuse or neglect, you are very unlikely to get primary custody.


Title: Deported brother has warrant for arrest for unpaid child support-Michigan

Question:
Hi all,

My brother was given a hearing for child support sometime in November of 2017. When this was issued, he was actually in an immigration detention center so he missed this hearing. He was eventually deported in July of 2018. Yesterday, my parents received mail from the court stating there was a warrant for his arrest due to unpaid child support. I called the detective to make him aware of the above timeline, and he said the warrant would be cancelled. Is it this the normal process? Can we request confirmation that the warrant was cancelled? Should I send proof to the detective of the deportation? It just seemed too easy to just call and the detective cancel the warrant. Thank you for your guidance.

Answer:
 This happens all the time. The state courts are totally unaware of what happens in immigration matters. Be aware that if the warrant isn’t “quashed” (like deleted) it may expire but it can be renewed for years and may present problems for your brother if he ever tries to come back.

What you can do is have your brother file a Motion to Quash the warrant.  He can do this all by mail.

All he has to say in the Motion is that his failure to pay child support and his failure to appear for court were not voluntary because he was in an immigration detention facility and subsequently deported (and also prevented from returning) by the US Government. If he has some form of proof of his time in the detention facility and date if removal/deportation (official notice of removal or letters of some sort) write, “see the attached document)s)” and attach a copy of the proof to the Motion.

If he doesn’t have any letters, you or another friend or family member could submit an Affidavit with the Motion swearing under oath that he was in the detention facility and then deported (but that’s a little more complicated).

You can find the templates with the basic format for a Motion and for a Proposed Order (if they want one) on the Michigan Courts website.


Title: Made a mistake and now I'm getting locked out of my apartment in 2 days.(Houston,TX)

Question: Hi I habe had an exxtremely busy month.My sister had a baby via c-section and since that was major surgery she asked me to stay in the hospital with her,and I agreed.While staying there my uncle was diagnosed with colon cancer and my grandmother decided she wanted to stay at the hospital with him through all of this so she asked me could I stay at her house with my special needs cousin while she is with her son.Again I agreed,but yesterday I came to grab clothes and there was a letter on my door saying that I didn't pay rent and that they were going to perform a lockout in 3 days. With all this stuff going on plus being 6 months pregnant I just entirely forgot. I want to pay my rent but I'm not going to be able to pay until the 19th.4 days after they do the lockout.Is there any way to ask for an extension or am I just screwed?

Answer: The "I forgot" excuse would make more sense if you had the money available to pay now.


Title: Can she do this? (X post r/law,r/FamilyLaw, r/AskMenAdvice)

Question:
What happens when you are seeing a few people, they all know you don't want to have children, but one gets pregnant. When you find out that she's pregnant, and you discuss you wouldn't be the father and that you wouldn't make a good father. She has plenty of time to deal with it and you go out of your way to help her deal with it, she gets mad at the idea. They tell you at that point that they want to cut all strings with you, never want to see you again, never want to hear from you again, don't need or want anything to do with your money and "just wants you to be a ghost." Now 2 years later she comes back and trys to blackmail you for money.

Can she do this? What are your options?

Location: British Columbia, Canada.

Answer:
 I don't know what you mean by "blackmail" but I'm guessing she's after chid support.

It doesn't matter if a man doesn't want to be a father, if the couple broke up, and if she swore up and down or even signed in blood that she doesn't want anything from him.

None of that is remotely relevant.

He still owes support to his child. Period. Nothing the two parents agree to among themselves will waive the child's right to support.

Answer #2: Can she tell you to support your offspring, whether you meant to procreate or not?  Yes, she can.


Title: I think Navient may have done something illegal

Question:
For the past couple years my wife and I have been getting really serious about paying off debt. We have a student loan left that is split between subsidized and unsubsidized portions (same interest rate) and, starting in January, we starting making a significant effort and have been moving at a considerable rate to pay off our unsubsidized portion. Every month any excess money has gone to the loan. I'll make the payment online and write down the new balance as soon as it has been applied. After the last payment we anticipated paying off the loan this month.

This afternoon I logged into my account and saw that the balance on the unsubsidized portion was $1,300 more than it should have been. When I looked at the history of the loan it looks like every overpayment I had made (which always followed the normal minimum payment) had been applied, withdrawn, and the minimum payment for the subsidized amount had been taken out and applied to the subsidized portion rather than unsubsidized portion.

In short, what happened is that on the brink of paying it off the unsubsidized portion Navient went in and applied my payments differently, even on payments that were made six months ago. Is this legal? Can they go in and apply the payments differently months later? If so, why would they be able to do so? Also, what is the point (other than to make sure I still have to pay the larger minimum amount that went up this month)?

To clarify again so there is no confusion, I kept making the normal minimum payment on both and it was separate from the overpayment I made. So there is no reason to remove the minimum amount for the subsidized portion because that had been made already (so in actuality the minimum for the subsidized portion has been made twice per month).

To further clarify, I always confirmed how all the payments were applied and they were never applied this way. Like I said, I have recorded the balance after each payment and starting in February the balance amounts are not even close and cannot be accounted for.

To top it all off, I have the PDF statements of what the balances were in previous months and it is very different from what Navient is showing on their website as what the "historical" balances are.

Answer:
 What do your loan documents say? Normally they'll lay out how they'll apply overpayments.Answer #2: You can dispute their balances based on your records, and thankfully you have far more than most people. But don't get too optimistic.

NAL, but for them to retroactively change how your payments are applied so you end up owing more definitely sounds fishy. Unfortunately, the federal department you would report this action to is either toothless, DGAF, or both.


Title: Lawyer says they got me out of contract, turns out they never contacted other party or did anything.

Question:
If a person hired a lawyer to get out of a contract, and the lawyer that was hired tells the client 'We got you out of the contract, its all done'  but in reality the lawyer did nothing, and never even contacted the other party in the contract is that legal?

Thank you

Answer: If you hired an attorney to do a service, and they did not do what they claimed, contact your local bar association.


Title: Fired for ‘vibes’ in CA

Question:
I (F23) had it brought to my attention that my bosses got ‘weird vibes’ from me after I was on workers comp leave(slipping and falling),and wanted to let me go. It was weird and seemingly unfounded (previously posted to jobs forum will link in comments). Since then one of the bosses was very passive aggressive, if not abusive.

Unfortunately it’s a mom and pop shop, and these two people are the owners. I could feel they were trying to get rid of me.

Today I get a call that they have decided to go trough with letting me go, and that they had my last paycheck ready. However I still never got paid for my first for days of workers comp, and they didn’t apply sick pay on a shift that I’ve been telling them to.

I don’t think it’s just them firing me.. they have no reason other than feeling it isn’t a good fit. I’m quite pissed honestly, as I’ve worked so hard and put up with so much from them.

Should I collect my last check? Make them make me sign something? Am I missing anything ? I don’t know if theirs anything I should do... I know CA is an at will state.

Answer:
 File for unemployment.

If they don’t pay the other hours out file a wage claim.


Title: (California) My roommate has decided to turn our kitchen into a "micro-restaurant" is this legal?

Question:
My roommate does a lot of "get quick rich" schemes, currently she's shoving World Wide Dream Builders (I don't know how she can't tell it's a scam from the name alone) down everyone's throat and now she's joined this app called ExtraPlate that's basically some hipster trendy bullshit where you run a "micro-restaurant" out of your kitchen. She opens her restaurant for whatever times she wants, the app lists her menu and how long it will take/if she delivers etc for each meal. As far as I'm aware she doesn't have any sort of permit or food handler's card and the app basically says "lol follow the rules of where you live please do good with your food".

My question is two fold, will me and our other roommates be liable when this inevitably blows up in her face since we share a kitchen?

Does the app really wash its hands of responsibility by saying "follow your local rules please" in the FAQs?

Thanks!

Answer:
 Lots of people do these sorts of "popup" or "supper club" things before they take the steps to run an actual restaurant or food truck. Basically they get people to kick in for groceries while they practice running a restaurant. It's SUPER annoying for roommates though. Also, technically illegal.

The penalties are not usually terribly severe unless someone gets food poisoning. The one in the news right now ... those penalties are a little higher than what I've seen in the past. Mostly supper clubs get shut down when they become good/big enough to attract notice, and you just have to shut down. Maybe a small fine. I know one couple who ran one until it attracted inspection notice, and then they opened a real restaurant.Answer #2: No, you and your roommates are not likely to be liable for this.
As someone who has gone through the permitting process in California though, it is infuriating that people like your roommate do this kind of shit and that things exist to encourage them to do so. Ideally your roommate will realize in the immediate future that there is little profit in this and cut it out. I don't know anything about this app but from the sounds of it, it is both dangerous and dumb as hell for both the provider and the recipient to participate in it.