Title: [Virginia] Dog urine dropping through upstair's balcony to our balcony and windows.

Question:
I have lived in an apartment for a year and have upstair neighbor's who let their dog pee on the balcony. First 3 or 4 months, I haven't reported anything but only hoped that they stopped doing this. My bicycles, balcony chairs, hammock, etc. were all covered with urine, so that I now don't put anything on the balcony. I had dried fruits one day, and found that covered with urine next day. Once, I went up and asked what the drop was, pretending I didn't know what it's. They said that it's just water although I was 100% sure. About 4 month after, I finally reported it to Apartment manager and they sent a warning letter. But they have never stopped letting their pee for an year although the frequency is less.

So far, I have reported the problem about 4 or 5 times. Apartment manager said that they cannot tell what the policy is, but the policy seems to protect them not me because I am getting crazy whenever I see the urine mark on my balcony. I cannot even open door-windows because when the urine drops, it bounces back to indoor.

The upstairs look quite aggressive and are arguing all the time. My wife hates when I report to the manager because it doesn't work. She works home, so she is worried about it a lot. That's why I was not be able to treat this problem more aggressively. I just met Apartment manager again, and he said that it was reported to the head manager. But I have heard this comment over and over. So, I know that I will have this problem again until I move out.

Please let me know what you think and what legal process I can pursue. Thank you very much for your time.

Answer: Even if its water you can technically sue for damage to your property. This likely violates your states rules concerning peaceful possession as your landlord is letting your neighborhood damage your property while taking no steps to remedy the situation. This may give you cause to break lease and move. I would follow up with head manager, in writing, certified letter demanding some action or compensation be given in 10 days.


Title: [TX] Employer forcing employees to buy watch.

Question:
I'm sorry if anything like this has been asked before, I've tried googling/searching this subreddit for answers but I couldn't find anything.

My friend starts her first official shift at a watch retail store in three days, last week when going through training, they informed her their watches are part of their dress code and she has to wear them for every shift. Their watches are super expensive, she's also tried looking through the handbook for a dress code policy stating she must wear their watch and can't find it in there anywhere.

I understand they can fire her for any reason, regardless of whether or not she wears a watch, but can they really require her to purchase a watch from them?

Edit: Thank you to everyone who has replied! My friend is going to look for another job and in the meantime, do her best to not show her wrists or find a cheap one online. Thank you again.

Answer:
 Mandatory purchases can't bring you below minimum wage for any pay period.  [Here's the DoL fact sheet on that issue](http://www.dol.gov/whd/regs/compliance/whdfs16.htm).  But there's nothing in TX or Federal law that prohibits it entirely.  Answer #2: Would purchasing the cheapest required watch take her below minimum wage for the week?Answer #3: Just out of curiosity, would it be acceptable if she found and purchased one of their watches on ebay or craigslist or whatever (possibly even from an ex-employee trying to recoup their costs)?  Is the requirement just that she purchase/wear their brand of watch or does she actually have to buy it from them?  Just seems like a scam to me since they could make quite a bit of money off forcing employees to buy a watch then find a reason to fire them after a short amount of time and do it all over again with a new hire. I won't be at all surprised if this is perfectly legal however. Answer #4: If the company is who I think it is, my husband worked there about seven years ago. (Of course things may have changed).

If I remember correctly, he said the company gave them a budget of something like $125 after something like 60-90 days of employment. So they got their first watch for free, any subsequent ones were out of pocket with the employee discount.


Title: [VA] Is it legal for a Dr's office to charge for the transfer of medical records?

Question: My son's Dr's office is trying to charge me for having his medical records transferred to his new pediatrician. Is this legal?

Answer: He is allowed to charge you a nominal fee for duplication of the record, which is what he will have to do to transfer the record. He won't send his originals. It costs him some amount of money to do this. He is allowed to recoup those costs.


Title: [TX] Due to some highway construction workers negligence my mom is in the hospital and our car is totaled.

Question:
(Sorry using my phone to post)

My parents were driving on the highway and there was

construction happening on the highway above, a tarp must have gotten loose and fell in front of our car.

My dad swerved and hit the divider and my mom fell out of the car.

The car is totaled and completely battered and my mom fractured her ankle and her left arm and she had surgery on her right arm.

 The doctors say it will take 2- 3 months recovery time with rehab.

My mom's friend told me to sue the construction company but I don't know how to go about doing it.

Any help would be great. Thanks.

Answer:
 Wear your seatbelts kids.

Hire a personal injury lawyer, they'll take the case on contingency for sure.

Fair question though, how do you know it was a tarp from the construction company?Answer #2: Get a personal injury attorney, the Texas State Bar Association should be able to help with a referralAnswer #3: So this tarp as it fell, it severed her seat belt causing her to fall out of the car, resulting in the fractured ankle and arm?Answer #4: Has she filed a claim through her insurance yet? If not, that's the first step.

For any damages that her insurance won't cover, it may be worth speaking to a personal injury attorney. The Texas State Bar can refer her to someone. Her attorney can assess the case further.Answer #5: What evidence do you have that the tarp was from construction and not another car or truck?


Title: (GA) A guy I went one date with(in high school) is claiming that we're married and that he's the father of my children.

Question:
I went on one date with this dick in the 9th grade. I haven't spoken to him since then. Needless to say my husbands pretty pissed with him.

Could him running around telling everyone that he's married to me and the father of my children have any legal effects? Is this enough to get a restraining order?

Answer:
 no and no. ignore him.Answer #2: I am not a lawyer.

Make sure your husband does not give him attention as well.  You said your husband is "pissed", but you can make this non-situation worse if he gets physical with the guy or engages him verbally.  This "guy" is just looking for a reaction from you two.  Best you not give it to him.Answer #3: Nothing you can do. Ignore and move on. Your husband needs to deal with it, as if he does anything while "pissed", he will be the one spending time in jail. Answer #4: While that may not be enough for restraining order, it could not hurt to talk to the police about this so they have something on record and to see what they have to say. They may have some other way of helping you.Answer #5: For the people saying she cant do anything, wouldn't this fall under defamatory statements?

He is basically saying OP is an adulterer that keeps his children from him. Answer #6: Can I ask how you know this?  Have neighbors/church friends said "Hey, little Jimmy says he's your baby daddy" and they've passed it along to you, or is this something he's said to you or your family in person?


Title: 5150-ing a person without losing their kids to DCFS?

Question: How do I call the cops to have someone put on a psych hold without losing their kids to cps if they are alcoholic, abusive and refusing help?  There's someone in my life that has basically always been a real mean drunk.  I'm at a place where things have kind of come to a head for the last time, and I'm going to most likely have to call to have them placed on a psych hold so they don't kill themselves one night in a blackout (they get suicidal when they get really hammered), and the thing that I'm wrestling with is that there are 3 kids in the home.  The alcoholic is married, so there is a sober adult in the situation, so the kids are not in immediate danger, but this is the end of that line too.  The kids have places to stay within their extended family, and so I'm trying to figure out how to get those kids into the extended family's hands if the hold goes down against their consent.  That means the cops are in the picture, and I don't know enough of how the system works to be sure the kids aren't going to be lost down a system that is a potential nightmare for children.

Answer:
 >I don't know enough of how the system works to be sure the kids aren't going to be lost down a system that is a potential nightmare for children.

Unlike living with an abusive and sometime suicidal alcoholic? It sounds like DCFS should be involved. If they are a danger to themselves then call the police.


Title: HOA is limiting the number of guests that we can have. is this legal?

Question: They are not allowing certain guests anymore, and in addition to this they are saying we can't have more than 2 guests in at one time.

Answer: Is this a housing development or an apartment complex? Also, locationbot is gonna come for you


Title: I believe my current employer's practices are illegal in the state of VA

Question:
Note that I am employed in the state of VA.

I will first list what I believe they are practicing illegally, and then move on to my grievances with my employer.

I currently work at a golf course employed as a "cart guy" - which means I handle the carts, driving range, and attend to customer's bags.

1. I work 7-8 hour shifts and I am not given the opportunity for any lunch break. I believe this to be illegal in the state of VA.

2. We just had a change in ownership and management. New management requires cart guys to show up "30 minutes before our shift begins" to begin pulling out carts and performing other duties provided in our job description. The clock-in system is inside which we are not given access to until management arrives 30 minutes later. They say they will add 30 minutes to our time sheets everyday which is honestly bullshit. I've had a 9 hour workday (given no lunch break) not go reported on my paycheck because they'll "handle it."

Here are other grievances I have with the new management. My new boss has cart guys perform ridiculous and unnecessary tasks. Today it was raining heavily and we had a tournament. After the tournament we had a total of four golfers scheduled to play who of course cancelled. My boss told us to pull out 20 carts (with no tow bar) which takes around 30 minutes. Driving each cart to the circle and walking back to get another one. Each cart sits two golfers, meaning he required us to stock carts to handle 40 customers when we had 4 scheduled.

He demands that one cart guy stand in the rain at the circle waiting for golfers to arrive when none are scheduled, instead of allowing us to use that time to perform other tasks such as pick the range, restock sand, etc.

After busting my ass to cover the mistakes he made running his first tournament, he calls me in the office in front of another assistant golf professional employee and says "he senses hostility about the new policies" - when I ask him to name an example of hostility he can't. I tell him I'm hesitant about the new clock-in requirement after I've had previous experiences with hours not being reported on my paycheck.

I am leaving this job soon, but want to file a labor complaint when I do. Is this feasible?

Answer:
 1. There is no requirement for a break in Virginia unless you are under 16.

2. Refuse to perform any work until clocked in. If directed to do something state that you would be happy to do this once you have clocked in. If fired, file for unemployment and look for a new job.

>  My new boss has cart guys perform ridiculous and unnecessary tasks

Unless it's unsafe or illegal, you do what you're told. You could literally be told to shuffle a deck of cards or read Green Eggs & Ham over and over your entire shift and it would be legal.

> but want to file a labor complaint when I do. Is this feasible?

Absolutely if you haven't been paid for all time worked. You can contact the VA Dept of Labor.

http://www.doli.virginia.gov/laborlaw/laborlaw_forms_p1.htmlAnswer #2: 1.  Virginia does not require lunch breaks, so no violation there.

2.  If you are not being paid for all hours worked, this is illegal and can be reported.

Other grievances: may be annoying but not illegal.


Title: I got semi-hit by a car. Is there any legal action that I could take?

Question:
Just wondering. I was really pissed off because this idiot BACKED out from the traffic into the pedestrian white line walking zone and I was already walking and then he stopped for like 5 seconds so i was like ok i guess he's waiting and then this fucker drives his car up again and his car nudged the back of my leg and then he stops and then he backs up again to avoid me and then he drives into the traffic and does like a u-turn in the road...

But anyways, end of rant. Is there any legal action I could take for being like nudged or shoved by a car? I'm just curious, not planning on taking any legal action.

I was so angry (just came back from a rough 12 hr shift at work then i headed to the super market to do groceries while being so tired and then this idiot does his super dumb trick and nudges/shoves me when i was already in the pedestrian walk way.

Answer:
 You could have called the police.

So you have any damages to sue for? It doesn't sound like it from your post


Title: One of my managers and HR lady told me that it’s okay for costumers to be racist, scream, and even spit at me... that I only need to call a manager to fix any issue the costumer might have?

Question:
I work for a very well known seafood market and distributor of fish in Southern California situated in a wealthy area.

A costumer came in asking for 6 oz of salmon, I grabbed a piece and said what do you think about this piec... WHY ARE YOU GIVING ME THAT IT LOOKS LIKE HALF A POUND DIDN’T YOU HEAR ME I WANT 6 OZ!!!?? She said being extremely loud. She didn’t even let me finish to say that I was asking about what she thought about the piece I grabbed to cut her the 6oz off of that piece. (We gotta ask because some are thicker or thin than the other ones, center cut or tail etc).

I tried to explain her right after but good god, I couldn’t even talk, she continued spitting racial slurs, swearing, screaming crazy stuff at me, I had to step back and ask for help to a coworker because at this point I feared she might hit me or something! The first coworker I asked for help did nothing as he was on the other side of the case organizing some tags, the other coworker on my right was attending another costumer and told me to wait.

I told the lady he was gonna take over and do her order, and to wait for him as he was seconds from finishing the other costumer... I didn’t feel safe going back close to her because she couldn’t stop screaming, she went nuts. I walked to get away from where she was and she followed me around the fish case telling me more stuff even leaned on the glass, screaming why you’re not gonna give me what i want, why? Why? Why!?? She would scream , she was screaming at me: GO BACK NOW AND GIVE WHAT I ASKED you for!! After I tell her my coworker was gonna take over. I was petrified.

A couple days passed and then I got called to the office by my manager and a lady from HR to address the issue, basically they told me that when things like that happen to say excuse me one moment I’ll bring my manager....  I didn’t call no manager because it was early in the morning and didn’t see anyone near and I was tense and in shock with this woman going off at me, she said so so sooo many things that made me re-think about if I needed to keep working there, ruined my day, and felt extreme distressed.

I told my manager and HR lady that next time I’m calling the police and she immediately jump to say to FOR WHAT? And I answer; I don’t know I said, hate crime, racist slurs?? Then she said that if I call the police they’re gonna come and say: hmm okay, meaning they won’t do anything. Even though I was being harassed by this woman and feared for my life (you never know who has a gun in their purse nowadays).

Then HR lady continued saying things about situations she has heard “over the years”, she acknowledged we are in a rich area and that some costumers think they can talk to us like that, she mentioned of other coworkers being screamed at f*ucking Mexican, racist stuff and that once one costumer spit on one of our managers. There’s 4 managers and one GM. My manager was behind me while talking and the HR lady was looking at him weird, she said things costumers have done to coworkers to even out that what I’ve experienced is “normal” in the job, she tried to sooth me saying that it is okay when that happens, to always smile “to kill them with kindness” and go call the manager.

This place I work for makes millions and it’s been around since the early 30’s, family owned, and I totally felt they’re trying to take care of the image of the place at all costs, the costumer base we’ve is big and solid, Harrison Ford, Elijah wood to say a few and even Oscar winners walk in and out normally to buy us expensive fish.

Most of the people working here are Mexicans and I know some of them don’t have papers and I feel like they’re the perfect employee coz they can’t speak up for their migration status. They’ve no voice. So when I said I was gonna call the police they said that it is okay to be treated like that, literally, because they get that a lot that is normal.... and to just smile “to kill them with kindness” to let them say to me all their want and to just go get the manager.

Not even my mom talks to me like that, and it sucks for me as an employee that can’t defend myself because otherwise I’d get fired. I can deal with rude but not with someone going off at me being racist, calling out my roots, belittling my worth as a human being.

My manager and HR lady that this time they weren’t going to give me a warning, but that for next time I already know that this is gonna a normal thing. They looked at me as the bad person here just because I didn’t call a manager.

-What are my rights here?
-Can a costumer really do that to me?
-Any las codes to know or what to do?
-Am I right to call the police if I’m harassed like that by that woman again?
-Do I’ve to wait for a second time for this to happen to act out?

-Thanks

Topic:
Employment Law

Answer:
 It's not illegal to be racist.

However, if they do spit or otherwise physically assault you, then you can call the police.


Title: Legality of Going Topless [CT]

Question:
I live in Connecticut but I frequently visit Massachusetts, Maryland, and the Outer Banks.  I love going topless, especially at the beach.  I've tried finding guidelines for where/when I can go topless, but it seems to vary city by city.

Does anyone know what the laws are regarding what I love to call "free-boobing it?"

Edit: Thank you so much, everyone, for your advice!  I'm going to have a fantastic, top-free, summer!

Answer:
 Connecticut has an indecent exposure statute [§ 53a-186](http://law.justia.com/codes/connecticut/2005/title53a/sec53a-186.html).  Which wouldn't technically be broken just because you're topless but since

> a lewd exposure of the body with intent to arouse or to satisfy the sexual desire of the person; or

is going to be up to interpretation to the most repressed person who you encounter your results may be less than stellar.Answer #2: I was kind of curious, so I looked up the information for my state, Maryland. [Here is what I found](http://www.delmarvanow.com/story/news/local/maryland/2016/11/04/top-freedom-bare-chested-rights-ocean-city/92765904/): "In Maryland, it is legal for both men and women to be topless, as noted in Article 46 of the Maryland Constitution, which states the law cannot give preferential treatment on the basis of sex or gender."Answer #3: It's a matter of state and local law.

You need to check the laws on public nudity in the states and towns individually.Answer #4: Here's a decent run down on the state of affairs in Mass.
http://www.sunclad.com/pilgrim/capecod.shtml
Maybe go to a place that it's legal?
https://en.m.wikipedia.org/wiki/Gunnison_Beach


Title: Screwed over by an employer. What are my options?

Question:
Cross Lanes, West Virginia is the area I am in.

I'd like to start off by saying that this isn't the first time this has happened. I worked for another company for 3 years that suddenly went out of business. The owner did right by me even though it was abrupt he paid me all he owed me. I then got another job as quickly as possible at a security firm, I worked there for 4-5 months.

I am dependent as most of us are on my paychecks. The economy is bad right now and I live paycheck to paycheck. I have two children and a wife. My wife is going back to school and isn't currently employed because, even though times were tight we were making it. I get paid bi weekly and my employer messaged me on Friday when checks normally come in and said there was a hiccup and to come get my check tuesday instead. They apologized profusely.

I go about my business working shifts, outside of the office at different locations. They even message me and get me to work overtime. I agree because a little extra money could help. Meanwhile I call all my bills and get an extension, because from my last employer going under, and the gap between that job and this one it put us behind. I am not kidding though, when I say this was the week that put us back on track. I had enough money this week to pay all my bills up. It would have left us next to nothing for the week but we could have made it.

Tuesday, I get up early to go get my paycheck, to get all my bills paid. I walk up to the door and I see this.

[IMG]http://i.imgur.com/If23GNx.jpg[/IMG]

Just for more verification, local news story:

http://www.wowktv.com/story/29773929/local-company-closes-doors-without-notifying-employees-workers-say

My question is where do I go from here. I am currently job hunting again. However I have utilities ready to be turned off, and I busted my ass for these people. Worked overnight shifts and overtime, just to help them. I really have no clue what I can do. Please help...

$1300.00 is the amount due.

TL;DR employer closed, and didn't call me and let me know, via a sign attached to the door. Never received my last 2 checks.

Answer: file for unemployment and keep job hunting. contact you local United Way, they may be able to help with some of your bills and food.


Title: Have a hypothetical question regarding parental rights when a child is conceived outside of a marriage in (fl)

Question:
From what I understand about the law in Florida, any child born to a married couple is considered a product of the marriage. So let's say a woman has an affair and gets pregnant from said affair. She confesses to her husband and they decide to put the child up for adoption. Does the bio father have any right to contest it or is he SOL due to the fact that she is married and the law considers the husband to be the father?
Topic:
Custody Divorce and Family

Answer: The father can have a paternity test done to establish he is the father then he would have standing to have a custody hearing in a family court.


Title: Is legal action worth pursuing? (Landlord/tenant stuff, Oregon)

Question:
So, about eight months ago my wife, two kids and I moved from northern to southern Oregon. My wife had just graduated nursing school and found a job right off the bat. We did the move in a giant rush, as our lease with our previous landlord was coming to an end and he wanted to sell the house. So we found a place that looked great, was in our price range, looked to be a nice neighborhood. During the walkthrough, we asked the landlord if we were in a safe neighborhood. We had seen a random Craigslist post claiming "don't rent at (address), it's a drug neighborhood and your car will get stolen, and crappy people will drive up at all hours, yadda yadda" We told him that we had seen that posting, and his response was "I don't know why anyone would post that, this is a safe neighborhood." And honestly, it looked like a suburban storybook come to life so I figured a deadbeat former tenant was just being an asshat. So we signed a year lease and moved our family across the state.

Fast forward, and yep, the house at the end of the Cul-de-sac was indeed a drug house. The neighbors that I met gave me the headsup, "you heard about the house in the back, right?" and depressingly, the police seemed to be fine ignoring it. It was terrible. My 3yr old found a hypodermic needle at the end of our driveway. The stench of a honey lab literally woke us from our sleep. The house got raided by the sheriff three times (guns drawn, vests, the works) but anyone who got arrested was back at the house an hour later, business as usual.

Then, my wife's job at the hospital didn't work out. The job market in this tiny town was non-existent, so we had to cut our losses and stay with family in California. We got the kids with family, drove back up, packed our stuff, and cleaned the crap out of that house making it so it was rentable right away. We let the landlord know what was happening, so he came over for the final walkthrough. We basically had to buy out the lease (two months rent). The contract we signed required that we supply a receipt for professional carpet and blind cleaning. We were broke as dirt after the cross state move and my wife losing employment, so we just cleaned them ourselves. Landlord seemed fine with that, refunded our entire deposit leaving us owing just one months rent ($1400). We told him we'd pay him as soon as we got back on our feet in California.

So my wife kicked major ass and got a job right away, and we just got into a new house, I got the kids in school, finally got some breathing room. We got a text from our old landlord today saying we need to talk about getting our debt settled or he's heading to the courthouse. Whoah. I contact him and tell him we can start paying him on the 17th, my wife's next paycheck. He seemed okay with that.

Now here's the rub.  My wife doesn't want to pay him, at least not all of it. She feels that we were deceived about the safety of the neighborhood. I feel like we got off pretty easy, he could have held us to the contract and charged us for the carpets and blinds, kept some of our deposit, and even an extra month of rent since we didn't give him 30 days notice that we were fleeing the neighborhood. My wife disagrees, and feels I'm being submissive by not fighting this. I feel that taking this to court would be a colossal waste of time and energy, particularly since we can't prove that he said anything about the neighborhood, and getting a lawyer would end up costing us more overall. I'd hate for a Google search to bring back the fact that we had a legal issue with a landlord. Am I letting myself get taken advantage of? Because I feel that going to court with this guy will end up costing more.

Answer:
 > My wife doesn't want to pay him, at least not all of it. She feels that we were deceived about the safety of the neighborhood.

The landlord is not responsible for the safety of the neighborhood.

Your wife is flat out wrong here.


Title: Room-mate issues.. please help?

Question:
I'm not much of a reddit user but I really need some help here.

So I share a 2 bedroom apartment with a room-mate (lets call her Ms. Bullshit) and due to some recent problems, she has decided to move out. We are both on the lease and she is responsible for finding a replacement for herself. Now the last girl that she found was a snob who said she wouldn't like if my boyfriend ever stayed over. I was honest to her that he will visit quite a few times a week and might stay over sometimes. This did not go down well with her and she decided not to take up the room.

Now Ms. Bullshit didn't like this and threatened me that she would leave the apartment by the end of this month no matter what. I told her that it was her decision to leave the apartment, and I am not responsible if she ends up having to pay rent at two places (she says she already signed a lease somewhere else). I will assist her in whatever way I can but its not my responsibility. The only thing I have to hold her is a change of occupancy form that I have to sign if she wants to release herself of the lease. I will obviously not sign it until she finds a proper replacement. My concern, however, is that she will find some other way to just break the lease and take off and I will have to pay rent for the whole house. I cannot afford that!

If you have any thoughts on how I should handle this, please let me know.

Answer: She can move out all she wants. If she doesn't pay her share of the rent, you will need to pay it in full then sue her for her share.


Title: (IL) Can my job force me to come in with extreme weather conditions?

Question:
So I live in Chicago and anyone else who lives here will tell you that tomorrow the weather will be high temperatures of -12 f with wind chills reaching as low as -50f.

My job has made it clear that we have to come to work, and while they haven’t threatened anything if we don’t come they are posturing that it’s necessary.

Someone was telling me that because of the conditions I could not be punished or fired for calling off for such a situation, is this true?

Disclaimer: I fully intend to go to work, but I’m just curious.

Answer:
 No they can not force you, but they can fire you for not reporting for your shift on time. Answer #2: no one can force you to go to work and no one can force your job to employ youAnswer #3: So, the short version is yes they CAN fire you for something like this, but most companies WON'T. The simple reason being that unemployment is almost automatic in cases like this. The company doesn't want to pay it, so for good employees it is not worth it to fight over days like this that don't come up that often.

However, depending on the nature of your work and the business you are in, it may be worth it to them because they feel that they need someone who will come in during all weather conditions.


Title: Can a strongly worded letter be considered harassment? [OH]

Question: [removed]

Answer: Are you sure your therapist wants you to ACTUALLY send it?  A technique often used is drafting the letter and getting your thoughts out, but not actually delivering it.


Title: Intoxicated passenger?

Question:
I asked a friend about this (newly graduated lawyer) and his answer sounded wrong to me.

Basically, my question was if a driver gets hit with a DUI, their drunk passenger can't get in trouble because they weren't breaking the law.

His answer was that the passenger gets a DUI, too, for enabling the driver.

What would be the actual outcome for the passenger in this case? Let's say the stop occurs in New York, for argument's sake.

Answer:
 > His answer was that the passenger gets a DUI, too, for enabling the driver.

Your friend needs a refund on his law school tuition.

At least in my state.

Ask him to quote you the specific statute that criminalizes being a drunk passenger.

If he is able to quote a NY statute that he says applies, ask him to find you a case where it was charged and convicted under that fact pattern.


Title: Is there a way to get my legal documents from my parents' safe deposit box in the bank? I don't have a key and they won't go get them.

Question:
I know usually only the owners of the safe deposit box can access it. However my passport, social security card are in there and I need them. I'm applying for the Navy and yes, I did think a long time and critically  about this and I think it might be right. I will speak to recruiter but I need these documents.

However my parents would never ever go get them because they would disagree with my choice to apply. I haven't told them and don't wish to because I'm 22 and its my choice and life, not theirs. Also they wouldn't get them even if I didn't tell them why unless I told them why. I'm not sure what to say that would be believable to them. Even when I had a legitimate reason it took them days to go to the bank to get them because they were always busy...

Is there any way I can get them on my own even though I'm not an owner of the deposit box at the bank? They are my documents after all, so I should get access to them, and I'm not a minor so is there anything I can do?

EDIT: bot wants me to give location. I'm in Tennessee.

Answer:
 You don't need then to join the Navy.
If you have a drivers license or any kind of ID your recruiter can help you process from there.... heck. You can start this process with no ID at all.
Your recruiter can do a birth verification and you can get a NUMIDENT printout (the receipt that says you ordered a new SSN card) at the local SSA office.

Recruiters do this all the time.Answer #2: > Is there any way I can get them on my own even though I'm not an owner of the deposit box at the bank?

You can sue your parents, and force them to turn them over on penalty of contempt of court.  You can also get replacement documents for far cheaper, and likely easier.

But no, the bank will not give you access unless you're on the box.


Title: Roommate is getting an emotional support animal, I am allergic to dogs? Can I break my lease or stop her?

Question: I live in PA, in a 1,000sq foot apartment. I have allergies to dogs and have prescription allergy medications and allergy shots. My roommate has depression and decided she needed an emotional support animal. She paid a $100 to get a note online. Besides the validity of the note, is there anything I can do to stop her or break my lease without having to keep paying rent? I never thought this would be an issue since I was unaware of her depression upon moving in and the lease and the apartment building have a no pet policy.

Answer:
 Well, first of all, she needs a legit script from a doctor/therapist. Not a note online. Those mean absolutely nothing. It's a scam. Unless the landlord is a complete idiot, that's not going to fly. So she'll need to get an actual doctor or therapist to sign off on this. Second of all, she has to ask for an accommodation. She can't just bring an animal in, and too bad for the pet policy. If she brings in an animal without taking proper steps to set it up, it could get you both evicted.

Now, regarding your allergies, unlike a service animal, an ESA doesn't have to be a dog (or mini horse). If she can get the right paperwork together, takes the proper steps, and gets the landlord on board, maybe the two of you could compromise? Maybe she could get a cat or guinea pig instead?


Title: Landlord/Tenant Dispute

Question: We signed a year lease with an apartment complex ending through end of this month, we called the office this morning to clarify our final day so that we could properly schedule moving trucks they informed us that we did not provide them with a 60 day notice with intent to vacate, so we're stuck there until the end of November instead of September, as agreed to on the lease. How does even make sense? We signed a 12 month lease and did not renew the lease when they asked us two months ago.

Answer: What does your lease say about notice to terminate?


Title: [CA] I believe I was wrongfully terminated.

Question:
I worked at a Chinese restaurant as a server. We recently received a new Vietnamese manager due to our old manager wanting to seek a office job. I mention race because our new manager often plays favorites. Our Vietnamese manager only hired Vietnamese people during his first few weeks. I had multiple friends of different race that applied as well but never received any contact, but I did not think too much of it. He then promotes these Vietnamese workers within the first 2 weeks of hiring them. We’ve had trainees that have been working there far longer than these new employees, yet they were refused to complete their tests to complete training. Finally, he was more lenient with the newly acquired workers. Their mistakes were often glossed over however our manager threatens us with write ups and terminations over the same mistakes.

Finally, I decided to address that last issue in a group chat with everyone including our manager and his managers as well. I had reason to believe that one of these employees were risking the spread of foodborne illnesses. However, this was also glossed over by our manager as well. I’m not going to sit here and say my primary motivation was not to scare our manager in front of his superiors.

However today, my first shift after this incident our manager terminated me for vaping in the bathroom. I’ve quit vaping a month ago, and his argument was that another employee saw me come out of the restroom and he said that I smelled like vape. We bomb the bathroom with febreeze every night so if there was any scent it would be the febreeze scent. Additionally, he’s previously given another Vietnamese employee 2 warnings over suspicions of vaping without termination.

When I came back home, I’ve found couple reasons to believe that this was a wrongful termination due to retaliation. Labor code 1102.5 states

>Protects against retaliation for disclosing information, or because an employer believes an employee has disclosed information, to another employee who has the authority to investigate, discover, or correct a violation where an employee reasonably believes that the information discloses a violation of a state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation. Protects an employee who refuses to participate in an activity that would result in a violation of a state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation. Protects an employee who exercised his or her rights under Labor Code section 1102.5 in any former employment.

Additionally under EEOC’s retaliation page it protects
> communicating with a supervisor or manager about employment discrimination, including harassment

Finally since I was fired on my shift after I messaged my superiors, it would serve as a circumstantial evidence that my termination was as a result of these messages.

I’m thinking of looking for an labor attorney, but I wanted to see if I’m missing any fine print or any details.

Answer:
 Did you complain to the supervisors about discrimination or only about food handling?

If you claim you complained about non-compliance with a local or state regulation, you need to cite that regulation.


Title: Got scammed for over 30,000$ by a well known website.

Question:
ESEA is a third party program for a game Counter-Strike: Global Offensive, it is pay-to-play. It provides you extra security against cheaters while you play.

ESEA has its own referral program: for each user that signs up using your referral link, you get $6.95 per user referred. So, having known about this referral program for a while, I decided to look into it.

“To get started, we would recommend posting links on forums, Steam groups, social media sites, and even in public servers.”

“Start making money today by posting referral links on forums, Steam groups, social media sites, and public servers just to name a few places.”

From https://play.esea.net/index.php?s=support&d=faq&id=23 and https://play.esea.net/index.php?s=news&d=comments&id=11880

Seeing this, I decided to create an Ad on Google AdWords with the referral link provided by ESEA http://i.imgur.com/sqLTE2X.png . My link did not direct to ESEA’s main page, but to the subscribe page which lists all the benefits of the premium etc. i.e. https://esea.net/subscribe+refcode. The ad was not too successful the first couple of days, however it started to get around 1000 clicks per day. In the first 3 to 4 weeks of having an active ad, I was able to get ESEA around 500 new users ($3500 USD). I created a support ticket on the ESEA website and I was paid within 6 days. At this point, I was motivated more than ever, so I found ways to customize my Ad in order to get more clicks and it worked. Within a period of 4 months, I was able to get an additional 4423 new premium users that signed up using my referral link.

The total of users who signed up using my referral link is: 4934. This is equivalent to a potential increase to ESEA’s monthly income by $34,291.30, and $411,495.60 yearly. *Keep in mind I only get $6.95 for the first month users choose to have premium.

On September 24th, 2016, I created another support ticket to withdraw my balance for the new users which I got. I had a balance of around $22,300 USD. I was asked to complete a W-8BEN form and I did. I was then asked to complete a wire transfer form and I did. I was constantly told that my payment was still waiting to be approved. On December 16th of 2016, around 3 months after I first opened my support ticket, I get a reply from Brett Sheffield (Few) as well as an email saying the following:

"Mario, We have sent this via email as well.

After reviewing your referral case, we have come to the conclusion that we cannot issue payment for your referral balance. In order to gain referrals, you purchased ads for the ESEA Network through Google, which is a violation of their policies.

We will be zeroing out your referral balance, and have opted to not ban you from the ESEA network at this time. Attempting to do this again will result in stricter punishment moving forward. Any user who is using an ad network or third party redirect site to earn referrals will not be paid their referral balance."

On December 16th, they also modified their “How do I redeem my referral balance and get paid?” page and added: “Did not use a third party redirect or ad buying network to earn referrals”. The last time I had an active ad would be 1-2 months before this was added. Before: http://i.imgur.com/XwtSOKl.png After: http://i.imgur.com/02AaAvt.png

So after receiving that message, I tried reaching out to ESEA’s CEO Craig Levine explaining my case, he forwarded my case to “ESEA business leads” to get in touch with me on this. Tim Zhang contacted me and preferred to speak over mumble, Tim tried to explain that what I did was against Google Policies as Google restricts the promotion of copyrighted content. Here is Google’s definition of copyrighted content: http://i.imgur.com/3HZQ4ei.png.

Secondly, Tim claimed that I violated their trademarks. The way it works on AdWords is that companies have to apply for a word to be trademarked on Google in order to prevent unauthorized users from creating Ads using their trademarked work. ESEA did NOT register their supposed “ESEA” trademark. In fact, the trademark “ESEA” does NOT even belong to ESEA in the first place. It belongs to a company known as Ikonika Corp. See

http://i.imgur.com/ZF9IiRx.png

http://tmsearch.uspto.gov/

By the end of this conversation, Tim Zhang proposed that ESEA is prepared to refund the money I had spent on having these ads up which to me was unacceptable.

I even asked Tim if ESEA would have gotten all these subscribers even if I didn’t have my ad up and he said: “we would probably at least have gotten the majority of those subscribers”.

My Ad linked to http://play.esea.net/subscribe/ instead of http://play.esea.net/. What I’m saying is that I made it simpler for users to access the “Subscribe” page.

Three days after the mumble conversation with Tim, he sent me another email stating: “It has come to our attention that you may be considering an escalation of your referral dispute.”

He provides a screenshot of my Ad http://i.imgur.com/gHJZf39.png
This obviously proves that they were aware of my Ad and had done nothing about it. ESEA did NOT contact me nor submit a complaint with Google in attempt to take down my ad.

He also states that they consulted with their “Legal counsel”. However, this time he introduces a new reason. The reason being that I violated ESEA copyrights/trademarks. http://i.imgur.com/4z0g69F.png
Moving on to ESEA’s copyright infringement claim, my ad did nothing but direct people to their website (subscribe page) which is the entire premise of the ESEA referral program.

Once again, there was nothing that came up when searching for the supposed trademark/copyright protected content. ESL however, is trademarked. See https://euipo.europa.eu/eSearch/#details/owners/259074

Nothing also came up when searching through the United States Copyright Office Database.

So after stating the following findings, Tim Zhang goes on to say that their legal counsel “advised us to pursue legal action against you for a clear case of trademark and copyright infringement.”

“When last we spoke on January 18th, 2017, we offered to cover all costs you incurred in relation to purchasing these ads. As you have not yet provided us with these costs, we are prepared to offer you a one-time payment of 5,000 USD to settle this dispute. In addition to the 3,495.85 USD we have already paid out to you, this would bring your total referral redemption payout to 8,495.85 USD. Please let us know if you are in agreeance with this approach and we can send over the necessary documentation as well as process the payment immediately.” i.e. (Most likely including an NDA)

I did not bother replying to this email once again as it became clear that ESEA was not willing to pay what is owed to me. On February 14th, Craig Levine the CEO contacts me saying he wishes to speak over the phone. During this phone call, Craig explains that ESEA is unwilling to change their position. Craig goes on to say the same thing as Tim being that they feel “protected” due to Google’s Policies which is not relevant as it clearly states this on Google: “Google is not in a position to mediate third party disputes, and we encourage trademark owners to resolve their disputes directly with advertisers.”

Craig’s proposed solution was to compensate me with the cost of the ads as well as the one-time payment of $5000 that they had already offered. Craig expected me to explain to him as to why they should pay me my referral balance. At one point in the conversation, Craig says: “Our intent is to never to screw anyone or short change anyone or act on any deceiving fashion.”

“Being a part of our community is a privilege, not a privilege, a mutual choice we make. I can tell you very squarely that we are not looking to have antagonistic members apart of that. I think that ultimately builds the toxicity for the overall product.”

“If it goes sorta the big legal route and this or that, I can you promise you that any amount you receive aren't going to be as strong as our opening position here to you.”

So I had no choice here but to seek legal help, will not mention the names of the attorneys/lawyers for obvious reasons. The two parties exchanged letters. In summary, ESEA’s lawyer explained that ESEA was still unwilling to change their position. In addition, they explained that ESEA’s $5000 offer no longer stands. They also stated that ESL will agree to allow me to keep the $3500 initially paid out to me in exchange for dropping my demands.

The ex-employee (BIGG, had worked for ESEA since 2005) who was initially handling my support ticket left ESEA sometime around December. I reached out to him and asked him if I had been lied to and deceived this whole time. He explained that I was 100% within the ESEA guidelines and did not see how I would be in violation of Google Policies. See http://i.imgur.com/B1v6yxL.png (Conversation is bottom-up)

More here including screenshots from the support tickets, emails exchanged: http://imgur.com/a/Y9YkM
I also reached out to New Jersey’s Consumer Affairs department who referred my complaint to California, see

https://www.dropbox.com/s/c0h5ezdora5e5hh/NJCA.pdf?dl=0

MTG

TLDR: Got $34,291.30 in ESEA referrals from having an active Google Ad. Was paid $3500 but ESEA refuses to pay the remaining $30,739.85. They claim I violated their trademarks/copyright as well as Google’s Policies. Google specifically states: “Google is not in a position to mediate third party disputes, and we encourage trademark owners to resolve their disputes directly with advertisers”

Also, I found that another company by the name of Ikonika Corp. owns the trademark “ESEA”. I was also unable to find any copyrighted logos/designs etc. I found ESL’s trademarks/logos but none for ESEA. Was initially offered the cost of running the ads, was then offered one-time payment of $5000 in exchange for signing papers. None of which I accepted.

My Twitter https://twitter.com/ye

Answer:
 First I'm going to say that this is extremely common. Most affiliate networks and companies with referral programs do not allow affiliates to use AdWords, because they end up directly competing with the company themselves. If the company wants AdWords traffic, they can buy it themselves.

Secondly, nearly all referral programs contain language in the ToS that allows them to terminate accounts and withhold payments at will for almost any reason. If not, they will almost certainly have language that allows them to withhold for violating the terms, and allows them to change the terms at any time.

You should consult with a lawyer for sure, and maybe pay one to write a strongly worded letter to them in an attempt to get them to budge, but I really wouldn't have high hopes of seeing that money if I was you.Answer #2: You have a contract dispute that you believe to be worth $30,000. You need a contract litigation attorney, not free internet help.Answer #3: For that amount of money, go talk to a lawyer

However my prediction is that you violated their TOS and that will be their defense. See if you can find a lawyer that can come up with a counter argument and go from thereAnswer #4: ESEA replied to the Original post here

https://np.reddit.com/r/GlobalOffensive/comments/6cbh7g/referral_program/dhtfywr/Answer #5: This isnt the OP of the original postAnswer #6: An ad like yours violates the TOS for every affiliate program I've ever seen.Answer #7: This guy literally tried cashing out on karma of a post on r/globloffensive with 3k points. SadAnswer #8: You'll need to discuss the case with a lawyer that specializes in Internet law in the jurisdiction you're planning to sue.


Title: If a private citizen, not an agent of the government, places a recording device in someone else's residence, is that recording admissible in court?

Question: Let's say it's a friend's house and you were invited in. You're not breaking into a stranger's home.

Answer:
 The recording could be admissible in court for sure.

Of course, the private citizen almost certainly broke the law in placing the recording device without permission, so they could also be charged with the crime of wiretapping or similar even if the recording is used.


Title: My ex and I are planning to move (separately) to Colorado. We have a 6 yr old son and she also has a 1 yr old with another man. She lives with him currently and he is trying to block the move. What can we do?

Question: My ex and I currently live in Utah.  I say ex, but she and I were never married.  We have a 6 yr old son and up until last November she has been living with me.  While living with me she had a kid with another man and in November of last year she moved in with him as friends.  Her and I are both trying to move back to Colorado separately but he wants to keep his daughter here.  They have never gone to court for a custody agreement but he has been threatening to do so.  I have already been looking for work in Colorado and plan to move there as soon as I sell my house and find my next career.  Is there anything her or I can do to make this move smooth or are forced to battle it out in court?  If it comes to court, do we have any chance?

Answer: Generally, if there's no custody order, the biological parents have joint custody, which means he's absolutely within his rights to prevent her from taking their child to another state. She is going to have to take it to court to get a proper custody order and get sole custody in order to do so, which will be an uphill battle to say the least.


Title: Tmobile added my addict brother as auth user to my dad's acct. Charged 3k in new phones. Tmobile offered $100 credit

Question:
A bit of backstory. My brother wont admit it, but Im near positive he's addicted to heroin. He has stolen from my parents when he came to visit. He got caught on a chase ATM withdrawing money from my mom's acct.

Anyway, we're estranged basically.

My dad texts my mom and my brother has charged 3k in phones to my dad's tmobile acct. Naturally, my dad said OMG wth? So he calls and tmobile added brother as an authorized user without contacting my dad which enabled him to charge the account.

TMobile said at the fraud dept that he can ask brother to pay for it. Not happening because Im pretty sure he sold the phones. Then offered him $100 in credit.

We live in TX. The store and brother are in Portland. No idea what to do.

TL;DR addict brother was added by tmobile as an auth user (dad did not consent and wasnt contacted) then charged 3k in new phones. TMobile wont assist with the fraud. Wants my dad to pay it

Answer: Your dad has two choices. He can either accept the debt or he can file a police report on your brother which may expose him to serious criminal charges. T-mobile forgiving the debt without consequences for your brother is not an option.


Title: My mother is the assistant manager at IHOP. She has found out about a employee who has been charging extra on tips without the customers knowledge.

Question: She has informed the manager and she refuses to do anything about it. This isn't the first time that an employee has done this. About a month previous my mom and the manager had to call the cops because they found a very large amount (around 700+) in extra tips that the employee had been charging customers. Cops came filed charges and left. And now while going in and looking for similar instances of another employee doing the same thing. My mom brought the old receipts showing the crime  to the manager. The manager said its best to let it go since the previous incedent a month prior. She knows if she goes over her bosses head to her managers bosses boss she could get in trouble. Please help she's been sitting on this info for about a week and is afraid for her job. I live in ks

Answer:
 How can she NOT do something? First off, it's the right thing to do. That's theft.

Secondly, think of the possible consequences for your mom if discovered she sat on this information. That's a reason to be fired. It will get out. Someone is going to notice the extra charges and throw a fit.

And again, bringing this to light is the right thing to do. I wouldn't doubt that she becomes the next manager once corporate finds out her manager did nothing and your mom had the guts to do what is right.

Best of luck. Answer #2: In theory, having knowledge of a crime like this and not reporting it can be construed as being an accomplice, and in addition to getting fired, can lead to references saying she was an accomplice and blacklisting.Answer #3: After reading all of OP's replies I am under the suspicion that the manager is in on it and taking a cut.

OP's mother needs to contact corporate and the police.
Answer #4: Straight from there website for their corporate contact information:

Corporate Information
450 North Brand Boulevard Glendale, CA 91203

(866) 444-5144

Basically, she can report it to someone who cares who will do something, or report it to the police herself.


Title: Now that I'm 18 are my legal documents my property?

Question:
I turned 18 and want to have my passport, social security card, and birth certificate in my own place, possibly in my own secure deposit box, but my mother wants to keep them, most importantly, hidden from me. Now that I'm a legal adult, is my social security, birth certificate, and passport my legal property, even if I didn't pay for my passport years ago?
Topic:
Intellectual Property

Answer:
 Your mother is doing this to keep control over you despite being of age. It won't work, but it won't be particularly quick to get everything.

Your passport is property of the US State Department, not you. Report to the State Department it has been stolen. https://travel.state.gov/content/travel/en/passports/after/lost-stolen.html Your mother can have fun explaining to agents of the US Federal government why she has the passport to someone at the age of majority that isn't her own.

You can request a new copy of your birth certificate from the state you were born in. This doesn't require existing IDs, but be prepared to have copies of credit card statements, utility bills, etc, to show who you are. You'll want several.

Once you have your birth certificate you can get a state ID license, doesn't need to be a driver's license and a copy of your social security card.

With both the birth certificate and state ID you can get a new copy of your social security card. https://www.ssa.gov/ssnumber/Answer #2: Fun fact:  Your passport doesn't belong to you *or* your mother.  It's technically property of the US Government.

If she doesn't give them to you, and you're willing to burn a few bridges (though it sounds like your mom is doing a fantastic job of tearing them down on her own), contact the police on a non-emergency line and they'll send an officer to accompany you in retrieving the documentation.

Do not expect this action to result in the relationship between you and your mother getting better any time soon.Answer #3: Have you asked her why she wants to keep them?


Title: [TX] If relationship ends, can gf make claims on my house if she paid half the mortgage payment?

Question:
Kinda hard to fit the full question in the title. My girlfriend and I are currently shopping for a house. Since I make quite a bit more than her, I'm planning on having everything related to the house and mortgage put in my name. We were planning on her just paying half of the monthly payment, but my father is concerned that if the relationship were to end, she could claim some sort of partial ownership of the house since she put money towards it.

We've already talked about drawing up a document for the event that a breakup did occur, outlining the time frame she would have to find a new place to live (so I can't just kick her to the curb, and so she can't just squat) but I'd like to avoid having to do (and discuss) some form of lease agreement to protect myself.

Answer:
 Edit: below was based on original post.  OP should edit original to state he is paying entire down payment.  And still think the answer is to discuss the plan with your lady.  Make sure she understands you intend this to be your house that she lives in.

So the plan is to buy a house TOGETHER.  But if you breakup, you want it to be just YOURS?  Despite the fact she will be paying half the mortgage?  And the only reason the house will not also be in her name is that you want it in your name based on who makes more - again despiterhe fact she will be paying half?

Please tell your girlfriend your plan here.  I think you will no longer have an issue to worry about.Answer #2: I think the only way you will get around that is to purchase the house 100% on your own and then get a tenancy agreement for her. Who is contributing to the deposit? Seems unfair she pays off half this house and walks away with sfa if you buy it as a couple. Answer #3: You need to just buy a house for you. Then she can pay rent. Maybe 30% to 40% of the mortgage, but not so much that a court someday, somewhere, might mistakenly believe you and she were equal partners. Make this clear in paperwork, you're leasing to her, not co-owning.


Title: Received call from police. Unsure about what to do/think

Question:
Background: Occurred in California - I'm 21 and met a 15 year old at a volunteer gig. She had some school + depression issues, which I dealt with in the past, so it eventually became a mentor/advice relationship. I gave her my number so she could call me if she thought she was going to commit suicide or needed help. She then began calling me. We racked up something like 42 hours over the next 3 months. It eventually became a very innocent romantic relationship (kissing, but nothing more). There were a few instances of secretly meeting up to chat or hang out at a restaurant or a park. No sexual intercourse or the like occurred, however. A couple days ago her father found out about the calls/meetings and contacted the police.

This morning I received a call from an unknown number claiming to be a detective. He asked me questions about the incidents. Being completely green to the recommendation of "not talking to cops", I admitted to some of the accusations (being here, talking there, etc.) and I answered a few questions in a way that slightly deviating from the truth (saying it wasn't romantic - COMPLETED FUCKED UP THERE). He also asked a lot of moral questions like "don't you find anything inappropriate about this". It sounded like he was suggesting some sort of sexual contact investigation. He asked me to come in to the station to talk and come in to the station to take a lie detector test, but I declined. He concluded by saying until you hear from us, don't contact the 15 year old.

I'm a college student on 100% loans and no job, so there's no way I can afford an attorney. I have never been contacted by the police, so am completely unsure about what could happen. I'm not sure what they're truly investigating or what evidence they are looking for/need to make an arrest. I'm not sure if I may be arrested or when that would occur. I'm not sure how I should handle my school commitments (if I should drop my classes this quarter), my family commitments, or anything really because of potentially what could happen.

Again, I have never had a run in with the law before, so these questions might seem pretty obvious/stupid.
Any advice? What should I expect? Is there a way to find out the status of the investigation (whether dropped, continuing, progressing, etc.)?

Answer: You need to cut off all contact with the 15 year old.  You also need to stop making out with children.  Given your ages, and her compromised mental state, what you're describing is not a "very innocent romantic relationship".


Title: Local Newspaper misquoted my business.

Question:
My business based in Australia was featured in a news article which was printed in the local newspaper and the journalist incorrect and damaging information about my store.
For the most part the article was correct but when asked how i started the business I told them I started small/online and followed the Bootstrapping model. I watched the journo write "bootstrapping" on the pad and then in print they said i started by bootlegging.

I did contact them and they did print a retraction the next day but damage was done.

Now I run a collectible store in a town of 80,000 people so to have that printed is very damaging i feel especially when my whole business is about limited editions etc.

Is it wirth me persuing this further or should I not waste money chasing it?

TIA

Answer:
 Its 2020, 100 years since prohibition, so why not own it and have a boot legging promotion? Host a dress up day, the best 1920s costume wins a prize, 1920s specials etc.

Being serious though, for libel to carry, you have to show that the newspaper caused harm to your business. Given they printed a retraction the next day, they can show they attempted to correct the mistake made and it wasn't libellous in nature, I.e. it was an innocent mistake and no harm was intended.


Title: (New Mexico) Does my husband's new assisted-opening knife count as springloaded?

Question:
We are located in Albuquerque, NM, so we're under APD, BCSO, and NMSP jurisdictions.

My husband just got a sweet new pocketknife which arrived today from Amazon. While showing me all the neat stuff it can do, he did something and the blade snapped out very quickly, and I immediately asked to see it. It is the [Kershaw Brawler with SpeedSafe assisted opening](https://kershaw.kaiusaltd.com/knives/knife/brawler). He has bad arthritis, so having an assisted-opening knife seemed like a good idea.

However, New Mexico law is pretty restrictive with regards to knives; even in elementary school, I can remember someone bringing a butterfly knife onto campus and the cops and administration getting **very** serious about it, and that was in the early 90s before zero tolerance became ubiquitous. The American Tool and Knife Institute has a page about it [here](https://www.akti.org/state-knife-laws/new-mexico/), and KnifeDen goes into more detail [here](http://www.knifeden.com/knife-laws-in-new-mexico/), specifically

> Switchblades are illegal to own, carry, manufacture, buy, or sell in New Mexico. These include any knives whose blades are opened via a spring-loaded mechanism triggered by a button or similar mechanism, gravity, centrifugal force, or, as State v. Riddall demonstrated, a combination of these methods. State v. Riddall established that the state considers balisong knives to be illegal switchblades despite their functional differences, making them illegal to own or carry in New Mexico.

The relevant statutes seem to be NM 30-7-8 and 30-7-2.

From examining the knife, it looks like the back of the blade protrudes a little at the handle to push in, which swings out the blade, but the speed of it has me nervous about it being construed as a switchblade, and cops in my area tend to be very skittish to the point where we had to have the DoJ come in and investigate the whole department because cops kept killing people with mental illness.

I know there's no accounting for the whims of a bored or excitable cop, but what do you guys think? Is there precedent for assisted-opening knives being lumped in with switchblades? I'm scared to let him leave the house with it, but we live in a pretty sketchy part of town and he walks to work.

Thank you for your time and consideration!

&#x200B;

Answer: Federally the Speedsafe mechanism is not considered a switchblade because in addition to pushing the button you must apply pressure to fully open and lock the knife, but it looks like NM has extended out the definition to the point I'd probably avoid any kind of assisted opening knife there.  Answer #2: unfortunately it would fall into the category of spring loaded


Title: [South Carolina] Pulled Over for a DUI. Blew a 0.1. University Student. 1st Offense

Question:
I was out with friends Saturday night and had a bit much and felt well enough to drive them back home. I was pulled over because I forgot to turn my headlights on and I was driving perfectly fine. No one was hurt or car was damaged. Cop asks a couple questions and I did say that I did drink and from there did the dui tests and I believe I passed all of them really without a problem. They arrested me with dui without a breathalyzer test. It wasn’t until they took me to one establishment to take a breathalyzer. And put me in jail overnight. I was released on a PR bond since I’m a SC resident and University student. They gave me by license back and I picked up my car once I was released. My friends have told me that they know multiple people in the same situation as mine but worse and still have gotten there’s expunged.

What should I know? Feel free to ask questions.

There is a court date. And I am signing up for the ADSAP program soon.

We are in the process of looking for an attorney.
Topic:
DUI

Answer:
 >I was pulled over because I forgot to turn my headlights on and I was driving perfectly fine.

So you were drunk enough to not notice you were driving without headlights.

> Cop asks a couple questions and I did say that I did drink

Nice job, confessing. Makes it easier to get convicted.

>did the dui tests and I believe I passed all of them really without a problem

Lots of drunk drivers feel they aced the tests, and keep feeling that great all the way to their jail cell.

>They arrested me with dui without a breathalyzer test.

Exactly. None was needed since you confessed and likely failed the dui tests..

Then you failed a breathalyzer test, for good measure.

>What should I know?

Stop drinking and driving.

Stop talking about this until you complete your "process of looking for an attorney".

Listen to your attorney, and prepare for a rather tough talk from them on how many things you did wrong in this siituation.


Title: [UK]Sky taking money out of my account without permission

Question:
My sister joined sky 3 months ago, and I offered to pay the setup fee over the phone since she did not have a bank account sorted yet. When I was paying I specifically said that this is for a one of payment and they wont keep my details, and they said yes.

I was checking my statements today and noticed they took nearly £200 this month (My sister stopped paying her bill, another story completely) and they took it upon themselves to use my card to pay it off. I rang them up and they said since it was the last card used on the account they used it, and its in their polices and refused to pay me back and advised I get it of her.

I rang my credit card and reported it as fraudulent, and that I did not agree to it. They have terminated my card temporarily and are sending me a new one, and they amount is being refunded. However are Sky going to be ok with this? Will they come after me at all?
Topic:
Contracts

Answer: If they have cancelled your card, and are refunding you the money there is nothing more for you to worry about.  The card number will no longer be valid to collect from, so who cares if Sky is ok with it.  Your sister will have to take it up with them when her service gets cancelled for non-payment.


Title: [PA] Harassment and possibly stalking

Question:
Hello everyone,

A bit of background first.

My sister and her boyfriend decided to throw a housewarming party and let me, my brother, and my oldest sister know about a month ago, around Easter. Unfortunately, my wife and I were on vacation in Florida that day, my brother was working, I believe (police officer), and my oldest sister was also out of state.

Fast forward to the days leading up to, including, and after the party, which was Saturday, May 13th. My sister decides to put up on Facebook that she can't believe her siblings weren't going to be there, she's so offended, blah blah blah. Day of the party, same deal. After the party, Facebook says stuff like "I guess my friends are my family when even my siblings wouldn't come" etc. etc. Mind you, she's 35, not 19.

I decided to reply to the group text message between our family. This was Monday, May 15th. Basically, I said to knock off the bullshit. Enough is enough. My wife and I were over 1000 miles away, fuck off with the Facebook statuses, and if you have a problem with specific people, text or call them.

Well, she kind of went unhinged. She starts sending text after text. I responded once or twice more, basically telling her to be an adult. I also told her to stop badgering my wife about being a step mother (she was texting my wife about being a step mother to my son about a month ago as well and would not stop even after my wife requested her to). Finally I said it was my final message.

But not hers. Over the course of Tuesday - Wednesday, she send ~100 text messages. Ramblings of a mad person. Photos of her friends, of food, of our mother's grave stone. No one is arguing with her. No one is really responding at all, except for my brother who would say things like "Why are you bringing (my, TheChosenOne's) son into this". Not arguing with her, just one-offs.

I eventually blocked her number on my phone because she started sending texts in multiple new conversations. One to me and my wife. One to me, my wife, and my sister. One to me, my wife, my sister and her husband. She sent a photo yesterday morning (7 AM) of a cartoon character of her looking down at you, and the screen is blurred around the sides to look like a half open eyeball and it said "Good morning Sleepyhead!", as if she's standing over you while you were sleeping.

There's more. She sent my wife a few more texts and Facebook messages. My wife ignored them. **Then she sends my wife a photo of my son's mother's street address and phone number**. My son stays with his mother full time.

This has become rather alarming. My wife is afraid for her safety and I am as well. In addition, I am afraid for my son's safety.

All text messages are saved, between multiple witnesses on the group text messages.

What can be done?

Answer: The first thing you need to do is let your son's mother know of your concerns. The best way to help protect him is make sure his mother knows about potential threats to him. If you have not already done so, send your sister a very clear message advising her that she is to stop contacting you and your wife immediately, and that she is to have no contact with your son. If she continues to contact you in a harassing or threatening manner file a police report. If it continues you may be able to request for a restraining order.


Title: Construction Worker Throws Shovel at my Car and Somehow Plays the Victim

Question: [deleted]

Answer: You disobeyed a road worker and put his life in danger. You're not going to get any sympathy here or with the courts. Do you realize that you never have a right to drive anywhere?


Title: (MN) Hearing impaired in a call center, can I be terminated for not disclosing my disability

Question:
Like the title says I'm hearing impaired, I work in a call center for insurance. I've never had any complaints or any issues with my performance.  Recently I've been having a harder time hearing  members on the phone. It is usually due to 1of 2 reasons 1) noisy surroundings or 2) caller issues (bad connection, mumbling, or loud surroundings on the other end). I want to wear my hearing aids however the headset sits on top of the ear completely missing the mic from the aid, it would only amplify the surrounding noise I don't want amplified.

 If i disclose my disability now to seek assistance, can they legally terminate my employment, or require me to take a position that isn't in a call center setting?

Answer:
 You have a disability, that means if you inform them and ask for a reasonable accommodation they must offer one.  If you don't ask for an accommodation they can fire you for poor performance (or any other reason, but that's not going to be the issue here) and it won't be illegal.

As to the accommodation, the accommodation doesn't have to be the one you want, or even the best one, it just has to reasonably let you perform the job.  You cannot require them to change the core responsibilities of the job or to reduce your standards as the accommodation.  In this case the accommodation might be a different headset, or something similar, but if you cannot do the job with a reasonable accommodation they can tell you that you must accept another position or they can even outright terminate you at that point.Answer #2: I'm certain somebody makes a headset that is compatible with hearing aids. This is a good example of an accommodation that IS reasonable.  Get a note from your doctor that you need one, do some research to find one, and present it to your employer.


Title: US, Utah, is there any sort of legal precedent for discrimination against furries?

Question: [deleted]

Answer:
 HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA.

No.Answer #2: Your parents can restrict your web usage however they want.


Title: how to get rid of a county wide "resolution"

Question:
Hi!  I live in rural West TN and I volunteer at the local dog shelter.  10 years ago, a county wide breed ban was enacted.  It is a "resolution" not a law or an ordinance.  This resolution discriminates against the bully breeds and then unfairly targets people of color (because they are the people who have a pit bull more often than not).  The ban is not enforced in any way that I can see except that we at the shelter cannot adopt any dog labeled as a pit bull into the county and, as a result, sweet dogs with the label of pit bull are put to sleep at a disproportionate rate.  What can I do to overturn the breed ban?  I have been told it is the law but when I read the definition of resolution it seems more like an opinion.  And then there is the fact that it is not enforced in any way except in the way it impacts the shelter.  Or how can I get it changed so that we can adopt out pit bulls.  I perfectly understand that these bully breeds are the current dog "boogyman".  When I was a child, Doberman and German Shepherds were the big bad dog.  I would be glad to just change the wording so that people with proper insurance and other protections could adopt a pit bull.  It is just breaking my heart that these dogs are being euthanized for no reason other than they look "pittie" and we have run out of room.

I could only find a newspaper article about the resolution   http://media.iadsnetwork.com/contentitempdf/pdfs/2000/2866.pdf

Answer: I'd suggest reaching out to one of the pitbull advocacy groups, like the American Pitbull Association


Title: MO- am I allowed to record phone calls I make without letting the person I'm calling know they're being recorded?

Answer:
 If they are in a one party consent state, then you are fine.  You do not need their permission to record the audio if you are party to the call.

If they are from a two party state, it gets more complicated.  There is a case from California where a judge ruled against the defendant's who were from Georgia, stating that the stricter law (2 party) applied when a 2 party/1 party conflict exists.


Title: Can someone's husband override involuntary mental evaluation in Alabama?

Question:
My wife has been in the hospital all week. She has anxiety and has had a few panic attacks because she can't leave and doesn't have any control in the situation. I just got word that they are admitting her to the psychiatric floor for 72 hour evaluation and she can't do anything about it. Can I refuse this as her husband? All this is going to do is make her anxiety worse. This is a prime example of something that triggers severe anxiety in her and everyone she's spoken to has been very rude. It seems like they were waiting for me to leave because it all happened once I had to leave for work because I'd taken too much time off this week. They're trying to say she's suicidal because of an offhand comment she texted her sister while she was on strong pain medication. I know for a fact she is not suicidal and I know they have to take it seriously, but they are making the whole situation worse when they could send her home with the anxiety meds they've been giving her at the hospital.

EDIT - Thanks for the help, everybody. It turns out I was misinformed by her sister who tends to blow things out of proportion, which was the same sister the offhand comment was made to. Turns out the comment had nothing to do with suicide and her sister was starting drama. She's being released now.

Answer:
 >Can I refuse this as her husband?

No.


Title: I've been charged with a felony and 2 misdemeanors and am about to enter court...

Question:
-Felony: Posession of psyclocybin mushrooms

-Misdemeanors: Posession of Marijuana(less than a gram) & Paraphanelia (a pipe)

* I am a 19 year old student living in North Carolina
* Have a job
* Involved in local church
* Parents live out of country so Im staying with sister

I enter the court room soon. What do I do?
Topic:
Drug Possession

Answer: Please not guilty and ask for a public defender. Get your affairs in order.


Title: Questions about parental custody. California.

Question:
I've been trying to do the legwork on my own, but i'm getting conflicting reports or just no information on the situation. So i'm turning to you guys in hopes that someone could let me know how to proceed.

In 2001, my wife and her ex-husband's divorce had finalized. Per the divorce agreement, he gained full custody of my oldest step daughter, and we gained full custody of the second oldest. However, he refused to allow us to take our child-by-divorce out of state. We vowed to fight it once we got settled in where we were moving. Fast forward a few years later, to 2004, and while my wife is in the recovery room, still doped up on morphine and all kinds of drugs and in massive amounts of pain, this little notary guy shows up (we were all in the cafeteria celebrating the birth of my daughter, so she was alone for this event.) and convinces her to give up custody of my step-daughter. Naturally we were all furious she'd done it, but what was done was done, and we just sort of gave up and went on with our lives.

Last year, it comes to light that her home life is a wreck. She'd run away multiple times, she was drinking, smoking, doing drugs, skipping school entirely, failing her classes. Her biological father has his own live-in mistress that he has an open relationship with in front of his 7 kids. He routinely ignores the kids and isn't actively involved in any of their lives. I've had lengthy discussions with his wife through Facebook about how unhappy she is because if he's not working, he's making out/having sex with "The Other Woman." ...needless to say, the last time she ran away from home, she ended up on our doorstep. Of course we told her biological father to go fuck himself, she was going to live with us from now on, and that was that. He didn't fight it. He didn't argue. He just packed her room and came and dropped it off one day.

Now, hopefully in September or October, we are planning on moving back to louisiana, as there is technically nothing holding us to this state anymore. The oldest step daughter is of legal age to make her own decisions, and has already agreed to come with us. second oldest brought up the move with her father yesterday, and he called my wife and berated her for half an hour about how we're lucky to see her at all, and it's by his good graces that he lets her live here, and that there is absolutely no way she's coming with us to louisiana.

Is there something we can do? Some way we can fight? Was the document my wife signed legal? could it be argued she was under duress since she was heavily medicated at the time? Could we file for sole custody? would it even be worth hiring a lawyer for? For the first time in a decade I have my entire family with me, and we're all ready to move on to a better life, a new start. And he's just being an ass, in my opinion, because he can be. He's not involved in her life. He hasnt been all year. He's only seen her like twice. She's stopped smoking and drinking. She quit hanging out with the people she was hanging out with. She quit missing school. She's got all A's and B's this year so far. She's made a near miraculous life change from living here, and it just seems unfair that we're essentially forced to stay here until she is 18 and can make her own choices. (She will be 16 in September, when we are planning on moving.) I know in my head, I envision any judge saying "You have full custody." because of the circumstances, but I don't know "The law". So i don't know if i even have any recourse here. We don't want to leave her behind, because she'll just end up in the same situation she was in before she came to live with us, and we might as well just drop her off at Juvie on the way out of town and save some paperwork.

Thanks for any advice you can give.
Topic:
Custody Divorce and Family

Answer: This is way too complicated for this sub.  The answer to all your questions is "maybe."  You need your own lawyer to evaluate all of the court orders, agreements, and facts.


Title: (UK) Phoned Dominos Pizza and they hung up mid-call, decided to go there instead after finally ordering. Got told by the manager to leave and pushed out two-handed..

Question:
I didn't hesitate to leave at all, I questioned why and asked them first for their names to obviously complain later.

Anyway, to the point, after being pushed out two-handed for no reason I felt obliged to retaliate in the heat of the moment and threw a kick. That kick accidently partially cracked the bottom of their glass door panel.

Fast forward 30 mins (after getting pizza elsewhere and coming home) I get a knock from the police. They take my details and tell me that what she did wasn't classed as assault and what I did was classed as criminal damage. They asked me to pay £140 to get it fixed. I said "how do you know it cost that much?" she said she didn't, so I refused. I now have to go to a police station to be questioned. I have one week.

What can I do? Have I done the right thing by not paying? Should I continue and try for assault?
Topic:
Other Civil Matters

Answer:
 Why do you want to get charged with assault? Surely that would be a more serious crime. Plus you'd almost definitely still be liable for the damages.Answer #2: I'm a bot, *bleep*, *bloop*. Someone has linked to this thread from another place on reddit:

- [/r/bestoflegaladvice] [I kicked a Domino's pizza glass door and shattered it but it was an accident, I was trying to kick the shop manager. Can I press charges?](https://np.reddit.com/r/bestoflegaladvice/comments/3861h5/i_kicked_a_dominos_pizza_glass_door_and_shattered/)

[](#footer)*^(If you follow any of the above links, please respect the rules of reddit and don't vote in the other threads.) ^\([Info](/r/TotesMessenger/wiki/) ^/ ^[Contact](/message/compose/?to=\/r\/TotesMessenger))*

[](#bot)


Title: Ex refusing to let my son go on vacation unless I give him 50/50 custody (Canada)

Question:
Hey r/legaladvice! Quick background on the situation: My ex and I went to court last April because of arguments about school and what city our son should live in. The judge said that he will go to school and live in the city that he grew up in (my city). I was then granted primary custody, which I did not ask for, because the judge was very put off by my exs behaviour before and during the case. He was given alot of visitation, two evenings a week, and every other weekend, split holidays, and all PD days. He was also told he had to pay child support, as well as arrears from the years he has not paid. Thus far he has paid two months, nothing since.

On to the current issue. I am going to Mexico at the end of this year with my family and of course want to take my son along. I had spoken to my ex about this a while ago, but there was no solid dates set down at that time. Well now it's time to sign the paper work for passport and permission to leave the country. He told me that he will sign the paper work on one condition...that I see a mediator to have primary care taken away from me. I'm not sure where to go from here. I don't have a lawyer on retainer anymore but I have one who will take my case if he serves me.
Topic:
Custody Divorce and Family

Answer: I would go back to court and have the judge rule on a parenting plan modification outlining vacation. Answer #2: It is up to you. Your court order does not allow you to take the child during your ex's time. So, he has the choice to not allow him to miss his custody time with the child. It is court ordered time. He is also not obligated to allow his child out of the country. So you can either agree to what he asks or your child does not go on the vacation.


Title: Pennsylvania. Can a friend use my property as his rental property to make money without me charging him?

Question:
I have no interest or experience in renting. I was gifted a home for my grandmother, not worth much but not going to use and my friend offered to pay me to use it as a rental property. This is a really good friend and I don't want any of his money. He agreed to pay any operating expenses and also offer to do some renovations for free.

Is anything about this illegal? Me being the owner of the house but not the owner of the rental company? Looking for legal advice not friendship advice.

Answer:
 Yes, it's legal - it's essentially you're owning and they are managing.

I will give you the same advice I give anyone wanting to rent - talk it over with a lawyer that handles landlord/tenant law first. Your friend should do so as well, but with a different lawyer.  Then the lawyers can draft an agreement on how this will work, so that both of you are protected. You should also ask them how insurance should be handled in this situation.

There are many ways for being a landlord to go pearshaped, and only some of them can be prevented by proper preparation. Answer #2: You may wish to take some money from him for home insurance, as any injuries that may happen at the house will go through the home insurance that you should be carrying.


Title: NV(USA) [Hypothetical] Would it be possible to sue the NRA under the RICO act? -or other methods?-

Question: [deleted]

Answer:
 > I am wondering if it's possible to make the NRA stop the BS and make it safer in this country.

Huh? That doesn't even make any sense. Do you think the NRA somehow facilitates illegal gun sales?


Title: Legality of a free porn "tube" site

Question:
I have been considering the idea of creating a free porn site similar to pornhub, redtube, etc.  The problem that I have been having is determining what legal issues I may run into.

The obvious one is copyright infringement.  For the site, I plan on simply copying the embed code of videos from other free porn websites and pasting them onto my own site.  Some of the videos will inevitably come from big porn companies such as Brazzers, Bangbros, etc.

I have done some research and have come across *Flavaworks* *v.* *Myvidster.com.*  It is a 7th Circuit Court of Appeals case, where Judge Posner finds that Myvidster.com did not infringe on copyrighted material by allowing users to upload copyrighted works through embed codes.  However, this case does not directly address my situation.

If anyone has a different interpretation, has any advice, or sees another legal issue that I may have, please let me know.

Edit: Located in United States

Answer:
 Are you in the 7th circuit? Because if not, that ruling is likely irrelevant.

Copyright infringement should definitely be a concern for you, especially since most *tube sites host lots and lots of infringing material.

Another concern should be 18 USC 2257, because you may or may not be a secondary producer, regardless of popular opinion on the matter, depending on how your site functions. This is especially concerning because many *tube sites end up (perhaps not willingly) hosting underage content at one time or another, when they allow third parties to upload material at will.

It's also worth noting that if you attempt to monitor or police the material uploaded to your site, you may lose certain protections afforded to you under the DMCA, and may be liable for infringement even if you attempt to play by the DMCA rules. So it becomes a choice of which laws you want to abide by, the DMCA or child pornography laws, and that's a catch-22 type of situation. You're fucked if you do, fucked if you don't.

In short, it's a very treacherous landscape for you to venture into and you should not even attempt to do so without a lawyer with extensive adult entertainment experience advising you.


Title: [MI/NV] Is hiding a pregnancy from the child's father legal?

Question:
I've recently found out I'm pregnant (~13 weeks) and I'm planning on leaving the state and not telling the father about the pregnancy or the child. I was already planning on leaving before the pregnancy, and the father and I don't have contact right now, but if he somehow ever did find out I had a child would there be legal repercussions from leaving and hiding?

I understand he would be free to attempt to pursue custody/visitation if he discovered the child, but is that the only thing he could do?

I'm currently in Michigan, leaving for Nevada, which is where I intend to raise the child. The father and I are not married, obviously.

Answer:
 You've gotten the appropriate legal advice above, so I wont touch on that, but I would like to touch on the moral side:

I'll start by saying I have no idea what kind of man the father is, a good guy you dont like any more, or a real son of a bitch who is a disgrace to the genepool.

With that in mind I'd like to ask that you take some extra time to REALLY take into consideration what you want to do will mean for you, for your child, and for the father. You'll be denying your child a father figure for a good portion of their life, and you'll be denying a man his ability to be a father, to know what it is to be a father and all that that entails.

In the end you're the only one who can make this decision at this time, and you have all the information needed to do so, but taking some extra time and giving it even a second thought I think is justified.

then do what you feel is best for you and your future spawn. Answer #2: If you ever apply for any type of government welfare or Medicaid for yourself and the child you must honestly name the father of the child. You are under no obligation to tell the father of the pregnancy. Answer #3: You can do anything you want with your body and your zygote.

You can choose not to tell him about the baby. Know that that will be something you may have to explain to a child as to why you did it.