Title: [RI] Landlord keeping security deposit. Found out both neighbors are having similar issues. Is group action an option?

Question:
Hi /r/legaladvice!  Long time lurker, first time poster.

Here's the rundown.  This is a classic security deposit case with a slight twist.

* Last year I signed a 1-year lease on a unit in a triplex in Providence, RI. After the year was up, I chose not to renew the lease and moved out.
* When I showed up on the morning move-in day, the landlord was still doing repairs and cleaning out the apartment from the last tenant.  I wasn't able to occupy the unit until the end of the day and he left trash, broken fixtures, and dirt & dust in the apartment.
* While I was a tenant, my landlord was very by-the-book. He was very communicative while I was a tenant, fixed broken things quickly, and was religious about paperwork.
* 3 weeks after moving out, I received a letter in the mail from my landlord. This letter stated that I owe $100 on top of my security deposit and included an itemized list of damages.
* Upon further inspection of the letter, I started to get confused and upset.  It included major fixes to items that were not damaged at move-out.  It included repair for things that were broken upon move-in.  The cleaning bill seemed inflated and over-blown.
* I found out that other tenants in the building also had there entire security deposit taken with a similar suspicious list of damages.  If it improves our chances, we are willing to work together.
* I have pictures of the apartment when I moved in.  I do not have pictures at move out.
* I plan to take my landlord to small claims court.

My questions for you /r/legaladvice

* Is it possible to take group action?  Is that even a thing?  If I individually take action, does it help my claim that other tenants are in a similar situation?
* How do I prepare for small claims court, what do I bring? I have never been in this situation before and I feel lost and confused.
* What can I do to increase my chances of winning my case?
* Does the state of the apartment upon move-in have an impact on what cleaning & damages are legit?  Does the fact that the landlord was still in my apartment cleaning on move-in day matter at all?

Thanks so much for looking!

For reference, I combed through the threads below to before posting here.

* [(HI) Landlord is attempting to keep $2700 deposit- no concept of "wear-and-tear". Mentioned tenant laws and LL is upset because it'd be "unfair".](https://www.reddit.com/r/legaladvice/comments/39fgb3/hi_landlord_is_attempting_to_keep_2700_deposit_no/)
* [Landlord held all of $625 security deposit and then charged us $465 on top of it, for carpet he told us he had planned on replacing anyways (AZ)](https://www.reddit.com/r/legaladvice/comments/379bfs/landlord_held_all_of_625_security_deposit_and/)
* [[Washington] Landlord not returning security deposit after moving out](https://www.reddit.com/r/legaladvice/comments/25m53y/washington_landlord_not_returning_security/)
* [Landlord Trying To Keep Nearly Entire $2,800 Security Deposit](https://www.reddit.com/r/legaladvice/comments/3id1f2/landlord_trying_to_keep_nearly_entire_2800/)
* [(CA) Landlord won't return deposit, now threatening me... ](https://www.reddit.com/r/legaladvice/comments/1ygcra/ca_landlord_wont_return_deposit_now_threatening_me/)

Topic:
Landlord Tenant Housing

Answer:
 There won't be a group action.  I'm assuming you all had separate leases. You will each have to proceed individually.

Though here is a tip.  If you all file at the same time, there is a really high chance you are all calendared for the same day.  Whatever hearing judge gets the matters will see there are 3 separate individuals fighting the landlord for the same thing.  The judge will get the picture.

Gather all of your documents, and all of your pictures (I hope you have pictures showing the condition of the place when you moved out, if not you really don't have great chances of success).  State of the apartment at move in will have nothing to do with how you left it, unless you never cleaned the place when you moved in and just left the same mess there all year.  And move-in day doesn't matter at all.  You're tlaking about the end of lease and your move out.  Stay focused on those things.


Title: 20 year old younger brother just got sentenced to 4 years in prison, unfairly I believe. Anything I can do?

Question:
  I've never had a good relationship with my younger brother, but I personally, (heavily influenced by my mother) believe he's been handed out a longer sentence than he deserves. I've heard from my family members that the judge he had has been sending many other young adults to jail for ridiculously long sentences as well, as he retires in a few years and doesn't want them returning to him before then. Is there any legal action I can take? He's getting screwed in the system and all I can do is sit here and twiddle my thumbs. Since his sentence was handed out he was taken to state prison, and now he's in maximum security for talking(fantasizing) to other mates about escaping, cause he's an idiotic 20 year old. None of them got sent to max but him, if I understand correctly. Before he was sent away he was diagnosed with a personality disorder, BPD to be exact. He hasn't had the chance to be on medicine or receive any type of help, as he was into harder drugs before he was hit with this sentence. South Dakota is where this is happening.

I believe he was convicted with:

Assisting a runaway minor(16 years old,  parents approved legally at first, not sure what changed)

Possession of heroin(very small amount)

Breaking probation (false pee test, then he had a psychotic break and pulled a knife on my older brother and had the cops called on him)

Running away from police? I was told he tried to put on a car chase.. This was right before his probation, so he was probably on heroin at the time, unfortunately.

Edits: from super hero to super villain.

I appreciate all the advice! Thank you, everyone.

Seeing different points of views is definitely helping me see that how I originally felt about his sentence wasn't wrong. After being with my mother, however, I began to believe he deserved less than 4.

Answer:
 No, nothing you can do. He was tried, convicted, and sentenced. He should behave so he can shave some time off. Answer #2: His sentance is for 4 years and you think that's too harsh.

What crime(s) were he convicted of?

How extensive is his previous criminal history?

Were there other aggravating factors?


Title: I believe my supervisor is stealing from the business owner (LA)

Question:
I really like my job. I do bookkeeping and admin support for a small design firm. The owner/principal designer is currently on bedrest for the last trimester of her first pregnancy (with twins).
In her stead, her younger sister, Candy, is running the business side of things and the "junior" designer (who is my age) is handling the design side. I thought everything was working out well but have recently noticed on Fridays, Candy has been withdrawing $200-$300 from the bank around the corner in the late afternoon. For weeks, since her sister went on bedrest. She turns in receipts for the atm withdrawals, marking them as estate sale purchases, but there are never receipts from the sale, and our refinishing vendors don't have any extra stock. This is also not how the business normally works, usually there is back up/invoices/receipts for everything, and usually the designer picks out the stuff for Candy or I to purchase for them. Basically, Candy and I handle the money and the principal and junior designer handle the design.

I pointed this out to the other designer, asking her for advice about who I should go to. The owner/principal designer is under strict orders to avoid stress - the implication being it would be dangerous to the babies if she didn't. The other designer brought this withdrawal issue up to the owner's husband as she is over at their home frequently to discuss design matters.

Well, total shitstorm ensued - Owner's husband said something to Candy and now I'm restricted and cannot look at the bank statements any more or log into the bank account online. Candy is being openly hostile to me. I don't want to leave because I'm worried how much more Candy will steal, but I do want to leave because... this sucks. Candy signs all the checks and I've started noticing, in our accounting program, that she gives herself "advances" on paychecks as well (issues herself checks that she signs herself), but our payroll company still withdraws the usual amount, regardless of how much "advance" she has taken that pay period.

What should I do?

TL;DR My supervisor is stealing but I can't talk to the owner about it. I tried to blow the whistle and now I'm being met with reprisal.

Answer: Not your issue. Owner knows and doesn't care. So leave or stay. Up to you.


Title: After starting a new job, health insurance isn’t offered as stated in employment contract.

Question: [KY] I signed an employment contract for a salaried position in early June of this year. This company has ~100 employees. After receiving the initial offer letter, we negotiated salary and I pushed the proposed start date back a week due to conflict. The final signed offer letter and employment contract had my start date as June 18, included the agreed upon salary, and specified that health insurance benefits were to begin July 1. After starting, filling out all the paperwork, and meeting with HR, the head of HR notified me that because I pushed the start date back a week, their health care provider wouldn’t be able to get me covered until Aug 1, and “she must’ve forgotten to change that in my contract.” Do I have any recourse? I don’t have the countersigned version of the contract, just the copy I sent in when I accepted the position. It feels very scammy for them to just say “whoops” and do nothing to remediate the issue.

Answer:
 Most agreements I’ve seen say something like “You are eligible for health insurance the first day of the month following a full month of employment, July 1.”

Did yours say something like that?  I’m guessing not, since you said it was only delayed a week.

If this is a group plan and it doesn’t have a restriction like I mentioned (which may or may not have appeared in your letter) then they should be able to backdate the coverage start date. That happens all the time when people have kids.


Title: [OK] I keep receiving unwanted advances from a guy I met at my job, now he keeps trying to catch me at work where I can't avoid him.

Question:
This could possibly be a wall of text, and I apologize. I hope this is the correct subreddit, and if not I can delete and post somewhere else. I am having a problem with a guy that won't take no for an answer. I was looking for information as to what qualifies as harassment or if there is any way I can prevent a guy from coming to my work or attempting to contact me if he hasn't actually caused me physical harm. In this post I will be referring to him as "Jake".

I'm an 18-year-old female that works as a receptionist for an art gallery. My primary purpose is to greet people as they enter the gallery, give them information if needed, and just generally be kind and inviting (the gallery is located downtown in a bigger city, so we get plenty of tourists).

About a month ago, Jake came in and was just checking out some of the art, we struck up a conversation. We talked briefly about the pieces we had on display, but he kept referencing how much he loved to party, how much he likes women, etc. I remember at one point he said something like "I like getting my way, but I would never make you do anything you wouldn't want." Now, I'm all alone on the first floor, there is no one else around, so this kinda made me uncomfortable. Anyway, Jake goes to leave and he sees my phone buzz. It was a notification from Snapchat. He sees it and immediately asks for my Snapchat. I didn't want to antagonize him so I gave it to him.

Fast forward a few days and he has messaged me some pretty harmless stuff: "How are you", "What are you up to", etc.

Then he starts 'inviting' me to go out: "Meet me at x place for drinks, wear something sexy, and you can't say no!" I tell him that I have a boyfriend. He says that won't be a problem. I tell him that I'm working one of my other jobs. He offers to pick me up, if I just give him my hours and the address.

This continues for about a week, until he asks me to sleep with him. I tell him once again that I have a boyfriend, that he is being really inappropriate, and that I need him to stop contacting me. . I ended up blocking him because he continued these advances, getting more and more aggressive each time. He justified his persistence by saying that was "His job to seduce me and my job to resist".

Fast forward to today, and I receive a call from my coworker because Jake came into my work and asked to see me. According to my coworker, he said that he would continue coming in until he found a day while I was working.

I'm going to speak to my boss, but we have little to no security due to the nature of our gallery. Our building primarily consists of studios, with a gallery on the first floor.

I was kind to him initially because it's my job. I know that I shouldn't have let him have my Snapchat. I made some mistakes but I am looking for information about any legal means in which I can protect myself. Thank you.

Answer: If your boss won't have him banned from the property you can file a police report for the harassment.


Title: Can I obtain a police report protected by HIPPA? (California)

Question:
Hello legal advice,
I am wondering if it is possible to obtain a police report that my local law enforcement has said is protected by HIPPA.

A little background, my ex-husband was doing a lot of drugs and passed out on the couch after staying up at a rave for a whole weekend. My mentally disabled brother came inside with a splitting migraine and reached over my ex who was unresponsive on the couch and accidentally tripped when our 70-pound dog jumped on him. My ex jumped up claiming my brother had been touching his penis and proceeded to visit the local crisis center, file a police report, move out, and refuses to think anything other than his version of the story.

It's almost been a year now and my brother is not doing well having this over his head. He's gained 50 pounds and is severely depressed, and it negatively affects my whole family. We provided all the information about his disability to authorities and the DA did not pick up the case to my knowledge.

Due to the toll this is having on my family we believe we need answers. My ex told the authorities he thought it was my daughter touching him and told us to file for custody for her safety (this is what the cop told us).

We have the case number and requested the report. Our request was denied due to HIPAA and the authorities told us we would have to get a lawyer.

Basically, I'm wondering what the deal is on how to get the report released. Would the report include the above mentioned statement the cop said he included? Do I need a lawyer? I believe I could persuade my ex to sign a release form if there is one available.

Thank you very much for reading and any advice is appreciated!

Answer: Law enforcement is not a covered entity under HIPAA.


Title: Juror Summoms question; do I have to go?

Question:
*Edit to add location: CALIFORNIA*

Long story short (made this throwaway to ask) apparently I missed my jury duty summons (did not recieve letter) this led to me receiving a red letter last week stating that since I failed to appear I am being summoned to appear next week and if I fail to appear the letter threatens I may have to pay a $1500 fine or a jail term or both. Is that a scare tactic? I've never heard of anyone paying a fine or being jailed for not appearing for a jury summons and I do NOT want to go. So basically will my name be put down if I don't appear where I could potentially face those charges? Or if I throw the letter away will they have no way to prove I ever even received this one? Who even takes this jury duty stuff seriously anymore?! I'm probably ignorant as fuck but I am an independent contractor and will lose a chunk of money if I take that entire day to go to court. My financial security is more important to me, but will that land me a fine? Thanks for any serious advice or experiences

Answer:
 Yes, you have to go. Many, many people take jury duty very seriously, especially the litigants. Answer #2: >Is that a scare tactic?

Yes, and it is a legal scare tactic. It is your civic obligation to appear for selection.

>I've never heard of anyone paying a fine or being jailed for not appearing for a jury summons and I do NOT want to go

Too bad so sad.

>So basically will my name be put down if I don't appear where I could potentially face those charges?

Yep!

>Who even takes this jury duty stuff seriously anymore?!

Most people actually.

> I'm probably ignorant as fuck but I am an independent contractor and will lose a chunk of money if I take that entire day to go to court

Welcome to being part of society.

>My financial security is more important to me, but will that land me a fine?

Yes. If it would be an extreme hardship for you to be a juror you can plead that case with the court that you would not be able to afford living expenses by taking court off.
Answer #3: >I've never heard of anyone paying a fine or being jailed for not appearing for a jury summons...

Really?  *Really?*


Title: Video tape without consent.

Question:
I'm going to make this short and to the point. My wife owns a company and everyday they ship out many packages using UPS, so they come pick up her packages daily. Recently, she was not happy with the new driver they assigned to her company and she filed a complaint with his supervisor. Apparently, the driver found out about the complaint and confronted my wife privately in her office. Couple days later, she found out that the driver had secretly video taped the entire conversation and shared with some of his coworkers without her knowledge or consent. This was all recorded in her company and office.

I want to know if she has any grounds for legal action? and what the possible next steps would be?

Thanks in advance.

Answer:
 Depends on what state you're in.

Either way, she could complain to his superiors at ups.


Title: Might get fired due to marijuana test

Question: [deleted]

Answer: Not sure why you think its a violation of your privacy for someone to deduce who you are from public posts.


Title: [WA] I wasn't allowed on a flight because I used Skiplagged

Question:
I was flying through SFO about a week ago at this point and I booked a flight to Seattle as a hidden city flight connecting to Calgary. I didn't have my passport, but I was effectively only taking the flight to Seattle. An attendant sent me to special services desk saying there was a way for me to get on the initial flight, knowing I had used Skiplagged. The Delta attendant at the services desk, seeing my issue, was adamant about it being impossible for me to get on the flight. He then began lecturing me about how I was a hipster and how I couldn't "cheat the system" among other things. He included that it was possible to get me booked just for the Seattle flight, but simply wouldn't. Due to the circumstances, I needed to book an emergency second flight to Seattle.

Is there anything I can do about this? Can an airline decline service because of how I booked my flight?
Topic:
Douche

Answer:
 Also on the Skiplagged website:

"Bring your passport for international flights (even if you're not going all the way to the final destination). Some carriers require a passport to board the plane."Answer #2: Conditions of carriage on connecting flights generally require that you complete the entire itinerary, and that you can be bounced from any leg if it's clear that you cannot complete the itinerary. American Airlines, [for example](https://www.aa.com/i18n/customer-service/support/conditions-of-carriage.jsp#ticketvalidity), has this clause:

> Tickets for itineraries with more than one flight segment must be used in accordance with the sequence of flights as they appear in the ticketed itinerary and receipt.

Since you didn't bother to bring your passport, there was no chance of you ever entering Canada and flying to Calgary, which is as good a reason as any to refuse boarding for that itinerary. They don't have to take you partway there before refusing boarding.

If you want to fly from SFO to Seattle and have a reasonable shot at actually getting on the plane, buy a ticket to Seattle.Answer #3: > Is there anything I can do about this?

Yes. You can stop "cheating the system", duh.


Title: Sent an insured parcel via UPS to my friends in Miami. They never got, UPS admitted to have lost the package, but been “investigating” for over two months now. Parcel was relatively high value ($2000) and I did insure it for the same amount. What could I possibly do next to get my money back. Thanks

Question:
Topic:
Other Civil Matters

Answer:
 You complain to UPS to get the claim to move forward.Answer #2: Stop talking to the first people you call. As soon as they say they're still looking in to it, insist on speaking to their supervisor. Remain polite, and calm. If the supervisor says the same, ask for *their* supervisor.

Call *daily*, get ticket numbers, and keep track of names *every* time you call. Ask them in plain language, "I've invested $2000 in this item. You have accepted responsibility for loosing it. It was insured for the full value. How do you expect me to move forward?"Answer #3: Check the term and conditions you agreed to, it should state how much they have to investigate. Regardless 2 months seems excessive but if there exceeding the period they stated in their own terms then point that out to them.


Title: (NJ) Social worker lied about contacting my regular psychiatrist. Then ER doctors lied about my diagnosis.

Question:
I tried to kill myself 11/29 with benzos because the new anxiety medication I was prescribed made me depressed. My life felt like a mess. I had a concussion. I was failing classes. My anxiety was worse. so don’t remember much tbh just having thoughts the days before.

I went to the University hospital. Found out I hurt everyone who cared for me. and was sent to a university affiliated in-patient medical center to get better.

I was determined to get better. I did get better. I also almost died because I was lied to.

The social worker told me repeatedly that my regular psychiatrist knew I was there. I was worried because I need a low dose of medication because I’m extremely sensitive to antidepressants. As in a take a dosage for an 8 year old. They prescribed me a high dosage for an adult. I told them I was experiencing adverse effects and the RNs and psychiatrist told me it was a cold. I’m angrier at the social worker for lying though, because she told me that the psychiatrists at my inpatient were already in touch with my regular psychiatrist. I should’ve thought to double check. I did express my concerns of dangerous interactions but the doctors insisted it was safe so I’d be compliant with medication, and low which I couldn’t double check because I had my phone taken away. They prescribed my Zoloft 100 and Buspar 30 2x a day.  Both are known to interact with each other and produce a condition known as serotonin syndrome.

The day I was released, I was compliant with my medication. I was super happy though, almost trembling with joy. I thought I was anxious about seeing the people I hurt with my suicide attempt, that’s why I had slight tremors. I felt unnaturally good, so called my regular psychiatrist and asked if the new medication could make me high. She said no, I was fine because she assumed I meant the medication she prescribed me, not the ones I assumed the doctors in inpatient corresponded with her about. I went about my day well.

The next day, I woke up with chattering teeth. Funny but weird. My boyfriend was with me and thought it was weird so checked my pulse and temperature. Fine- 98.6° and 70bpm. The jaw tremor went away after two or three minutes. Nothing happened for one minute except a slight tremor in my hand. I figure it’s time to take my medication and reach over for it and then everything went to shit.

I remember the lights flaring up from the blinds, my face heating up, my boyfriend checking my pulse and saying it was high. As he took my temperature, I began to feel confused and tried to talk but couldn’t remember what words to say even though I knew CALL 911.

The sudden tremors in my entire body, my teeth chattering so hard as well that I couldn’t talk. My legs felt rigid. It was like having a grand mal seizure without losing consciousness. I was sweating and my feet was cold. My fever felt even higher even though my boyfriend said my fever was 104. I tried choking out call 911. He realized and called.

These symptoms weren’t constant but occurred for 15-40 minutes intervals with 15-50 minutes of being okay in between. It came in waves.

In the ER, they did a psych evaluation. Realized it wasn’t a suicide attempt when they counted the meds (because I had the symptoms of overdosing on antidepressants). My boyfriend was with me all day and made sure I took my medication. My brother didn’t believe me and left. My relationship with him is ruined possibly forever.

I mentioned serotonin syndrome. The 2 doctors and the mental health/social worker said it might be but nobody wanted to scare me off my medication. For 6 hours, they wouldn’t tell me what was wrong with me and only gave me tylenol (which didn’t work). I called my regular psychiatrist and she immediately diagnosed serotonin syndrome before I even told her what meds I was on. She had no idea I was in inpatient and that I was on two medications on such high dosages for a patient like me. She told me that I shouldn’t take any medication for 2 weeks.
They didn’t give me a direct diagnosis. I heard doctors and nurses talking about serotonin syndrome outside my curtain though. The 2 doctors said to the nurses to observe me but he thought I was going to my regular psychiatrist the next day. He didn’t leave any discharge instructions, just thinking I’d mention it to my psychiatrist the next day.
But I missed my train and was too weak to make the commute back. The nurse discharging me was freaking out that I was unable to make tomorrow’s appointment and I said my regular psychiatrist gave me instructions over the phone not to take the antidepressants. She called the same social worker (mental health worker?) who heard that I wasn’t taking any of my medications (birth control included) tomorrow but wasn’t phased. She said I moved my appointment to Monday, adequate enough.
She also comforted me and told me that it’s be over soon, the half life of Buspar is 12 hours. I thought it meant they diagnosed it as serotonin syndrome. They said it was my fucking BIRTH CONTROL causing interactions with my antidepressants when they discharged me. THERE ARE NO INTERACTIONS BETWEEN BIRTH CONTROL AND ZOLOF OR BUSPAR THAT CAUSES WHAT I HAD. ONLY BETWEEN ZOLOF AND BUSPAR.

My boyfriend and brother both yelled at me thinking I was careless with my medication for not checking for interactions between birth control. I did. There were none. My brother cut off all contact with me. My boyfriend said he needs space for a month. I’m frustrated cause this was the most traumatizing experience of my life, and my support network is gone because they’re traumatized too. I made a therapy appointment instead, called my mom crying and got her to pick me up so I could come home and see my psychiatrist.

If I listened to the RN (new shift, so she didn’t hear about the serotonin syndrome I guess), and took my Zoloft or Buspar today, my psychiatrist thinks I would’ve convulsed again and died. I don’t want to sue, but I need to make sure these doctors fucking get reprimanded for lying to me. The social worker needs to know as well. This cant happen to somebody else. My medical records just said I was admitted, no diagnosis or written/oral discharge instructions. No documentation. I just have the proof of my testimony and my boyfriend and my psychiatrist. My medical records online are as blank, I’m waiting for the input of all the tests they took from the blood and urinalysis.

I’ll still have these tremors for a few weeks, maybe a month. But each time they happen, I’m afraid I’ll degrade like the first time and end up in the ER again. I can’t afford to. I can’t have another support network leave. I wont commit suicide or do anything stupid because I’m emotionally numb and exhausted, but I just think I’ll give up.

Answer:
 Less words, more point-getting.

If you're looking for malpractice, that's fact-specific and not something this sub can really address.


Title: If a friend commits suicide, what happens to me?

Question:
I'm 16, female, dumb regarding laws and reddit. I live in Southern California.

've had an incredibly toxic best friend for the past year, and cut ties with him today. I was extremely calm and well put together.

However, he is suicidal, and begged me to take him back for almost an hour, guilting me with money, pictures, talk of a second chance, etc.

I am afraid he will commit suicide out of revenge/grief, and I will be blamed legally. I never told him to kill himself, always encouraged him to keep living and was always there for him. Yes, I have been frustrated with him before and told him so, and sometimes I would call him an "idiot", or tell him to "stop acting like an idiot".

Could I be legally in trouble?

Thank you.

Answer:
 >Could I be legally in trouble?

No.

But if you are concerned for his safety, you can tell your parents, his parents, or a teacher.


Title: JD but not bar member. What job title can I use to reflect law-related duties without getting into trouble with the state bar?

Question: [deleted]

Answer:
 Call them and ask http://www.calbar.ca.gov/Attorneys/Conduct-Discipline/Ethics/Hotline

Answer #2: The term you are looking for is "legal analyst". I have a friend who does this, she has a JD and works for a medical supply company reviewing legal stuff.


Title: University denying my wife get degree

Question:
My wife was going to school at Arizona State university. She had applied for graduation for December and met with an advisor to confirm she was all set to graduate.  Everything looked great.
Then,  in early January we find out that in a period of two weeks before graduation was supposed to happen (so some time in December)  the university changed how it evaluated a transfer credited from a course she'd taken at a previous college. So after  her advisor telling her she's all set, they go in and move the goal post.
Starbucks was covering her tuition, now she no longer works  there because we believed she was graduating.
Taking this one class (eng 102) could now cost almost $5k.

Not sure what our options are.
Appreciate any advice

Answer:
 Could she take it as a clep exam? ASU offers them for $35. Since she's already taken the class and it's English comp it shouldn't be too hard to pass.

https://uoeee.asu.edu/exam/clepAnswer #2: Not legal advice - I am not an attorney.  I do work in the financial aid industry though and there's a rule called borrower defense to repayment that may help you here even if you don't have student loans.  Within that rule, and applying outside the borrower defense rule itself is something called misrepresentation.  A school that participates in the federal aid programs is prohibited from misrepresenting various aspects of the program.  The applicability of transfer credits falls under this rule as a specific example if not in the reg itself, then in the preamble of when the reg was written (I'm on my way out the door or i'd find it for you).  I would approach the school's higher ups, politely, and ask if the change in transfer policy might violate this rule.  By extension but within the same rule, they can't misrepresent the cost of the program - one might argue that by changing the transfer policy right before graduation and forcing you to pay for another class, they are also misrepresenting the cost (a long shot).

Again I'm on my way out the door but the misrepresentation definition is in 34 CFR section 668 (or 600 - but i'm almost positive it's the former) if anyone else had time on their hands to find it.


Title: [Missouri] This Has Been A Living Nightmare I Just Want To See My Daughter!

Question:
Back in December a SWAT team kicked in my door. It's just me, my 2-year old daughter and my then girlfriend at home.

They say they’re looking for evidence of drug manufacturing and distribution. They find nothing (because that never happened) except for a single xanax in my GF’s bra.

I'm arrested for possession and booked and released. I get home, hug my GF and tell her everything is fine, it's been a giant mistake. She agrees.

The next morning her mother (who is obscenely rich and hates me) sends 3 thugs to my house to throw me out and threaten to kill me.

This is December by the way. It's cold.

The next day I return to find my belongings are all destroyed. Macbook, clothes, everything I had.

I move towards my daughter to hug her. My GF’s mom says she’ll blow my head off if I move closer. That I'm never seeing her again and she’ll bury me in court.

I look at my GF, she says it's out of her hands and that was the last I’d talk to them. A few days later my ex files an ex-parte restraining order saying that she's “afraid of what I might do”.

Now I’ve never hurt or threatened her. Ever. We were together for 7-years. A day before the hearing her mom asks me to meet her so we can talk. I agree.

She never shows. But when I leave I'm followed by two trucks. I pull over to ask what they want, they block me in and start screaming that I ran someone off of the road, I’m drunk, etc.

They called the police who luckily believed me and let me go.

So I now realize that her mother is not only rich, but willing to play dirty and capable of trying to have me framed for crimes and sent to prison.

So I missed the hearing and the order was awarded.

I was with my daughter every day. She was my whole world. And I planned on being with her mother for the rest of my life. This has absolutely destroyed me as a person.

I desperately need some advice.

Financially I'm stable but things have been rough. If I thought $1,500 for a lawyer gave me a fighting chance I'd do it. But I really don't think it would (could be wrong).

Here's what I want to happen:

I want the protection order dropped or thrown out. It never should have been granted and only serves to keep me from seeing my daughter

I want visitation rights. My daughter is being kept from me, my parents and an entire family who loves her and who she loves.

There's more to the story, but those are the main details.

If you have any questions please ask and thanks in advance!

Answer: Look into Legal Aid in your nearest major city or find a Family Law Clinic at a nearby law school. Those are your most realistic options at your budget level.


Title: Could this be considered assault or child endangerment or any other crime?

Answer:
 Yay, Dutch Law

>Met mishandeling wordt gelijkgesteld opzettelijke benadeling van de gezondheid.

intentionally worsening the health of another is equal to battery

So yeah, for us Dutch this could technically be seen as battery. Answer #2: In the US common law, there is a famous tort case involving someone blowing smoke in someone else's face.  The case is called Leichtman v. Jacor.  The short answer is that yes, it would be the tort of battery because the elements of battery - the act of causing offensive or unwanted contact, with the intent to cause such contact, and such contact actually results - are met.

Although, come to think of it, it might not rise to the level of criminal battery.  While the clearest distinction between civil and criminal battery is the degree of intent required, it is possible that some state laws require some degree of injury for criminal battery. Answer #3: Exactly which crime will depend heavily on the state, since statutory definitions for these types of things vary, but probably.Answer #4: yes, totally assault when the mother strangles you with a breast pump


Title: My 17 year old cousin was abandoned by his mother. We have no idea what to do.

Question:
Hi guys,

I'm not sure where to post this but here's the situation.  My cousin (who is a troubled kid, does poorly in school, smokes a lot, etc.) was recently abandoned by his mother.  She moved several hours away with her boyfriend.  They are from PA.  For the record they are dirt poor.   Right now he's living with my grandparents in PA but they are old and sick and can't properly care for him in the long run.

My mother considered taking him in but we live in a small house with no proper place for him and we don't have the finances to support another person.

I truly don't know what to do and it's extremely stressful for me and my family.  Any advice is greatly appreciated.
Topic:
Other Civil Matters

Answer: Non-legal advice, but perhaps there are social services he qualifies for since he was abandoned. Maybe start with calling the Pennsylvania Department of Human Services (http://www.dhs.state.pa.us/) and asking them where to go from here.Answer #2: Just care for him as best as you can.  It's not healthy for him to go back to someone that abandoned him, and if they have no money then you can't even really get child support (which would only be good until he's 18 anyway).  Look into social services in your area to see if there are programs that can help.


Title: My girlfriend and I bought a mobile home and it has been one disaster after another. What can we do?

Question:
So to first start this off, my girlfriend and I are young adults. We bought our very first home together while being 22. The people that we bought it from turned out to be a high school friend of my girlfriend's mother and said that she would help us out since we were so young and were excited about it. We went to look at the trailer and we pointed out some issues that they said that they had taken care of like: the roof has been patched, new siding on the trailer, floors redone, etc. We jumped on it for a total of 6k and were now home owners. We got all the paper work done and switched over and this is when I knew something was off about these people, it took them almost 2 months AFTER the paperwork was switched over to get out! We moved in and it was just a mess. We found out that the roof hadn't been touched in over 10 years to the point it was caving in on top of us (this is the important one) black mold in my office, floor rotted to the point where the carpet is holding it up (was not like this through the walkthrough) and just everything you can imagine went wrong. Electrical, plumbing, just everything. Fast forward 2 months and we scrounge enough money together to get a contractor, funny enough, this is another high school friend of my girlfriend's mother that she just swears by. Side note: my girlfriend really trusts her mom because she is the only one on both sides of our family that has owned a home. Ever. He royally screws us by adding 3 whole feet to our trailer roof, went 20 hours without heat during the winter, it was 40 degrees in our trailer (have photo evidence) and just did one of the worst hack jobs I have ever seen and I'm not even close to a contractor. Whenever I would bring up a concern to him he would reassure me that it wouldn't stay that way that he would go by our standards until one day he just packed up and disappeared and won't contact us back. I have no idea what to do because we are almost bankrupt and felt taken advantage of because of being a young first home owner.

TL:DR I feel as if I got royally screwed by the contractor and the previous home owners. First time home owner so I'm still learning and felt taken advantage of. Almost bankrupt because these people. Need help.
Topic:
Small Claims Procedure

Answer:
 Firstly, I'm sorry you guys are dealing with this.   Take this as a 6k lesson, and one that could have cost a lot more: if you purchase a home, go through a realtor and a mortgage lender, and have a home inspection done before you sign a purchase agreement.  I know 6k seems like a lot of money, and it is when you're just starting out, but believe me, it could have been so much worse.

Face it, you guys are not ready to be homeowners yet. You bought a decrepit piece of shit trailer that should have been condemned.  You hired a contractor probably running a shade-tree operation.  You well-meaningly bumbled your way through the whole process not really knowing what you were getting yourselves into.

Call this "home" a wash and move to a rental where you have a greater degree of protection.  Cut your losses.  Do you potentially have legal recourse?  Sure.  Is it worth it for how much it will cost you to file suit against your contractor?  Most likely not.

And for the love of all that's holy, stop listening to your girlfriend's mom!!!!


Title: CA - Was hit while driving by another vehicle. 100% his fault. His insurance company sends me a letter saying that I’m at fault.

Question:
This happened in California. I was stopped at a red light, when it turned green, I accelerated to cross the intersection where i was t boned by another car. Cops show up pretty quickly to the scene. They tested the sobriety of the driver who hit me because he mentioned he had wine and was on some medication. He was under the limit. The police interviewed both of us and determined that the person who hit me is 100% at fault and that’s what’s in the police report. It was also noted that the guy who hit me was looking at his spedometer as he entered the intersection and he also experienced a “lapse in time” and not sure if he lost consciousness. This was 3-4 weeks ago.

I got a call from the guys insurance asking for the police report, which I fax to them. After reviewing it they said that it doesn’t mean anything since the cops weren’t present at the time of the accident. Their insurance company was very rude during that exchange of calls and actually ended up hanging up on me. I got a letter in the mail today stating that they deny liability and that I am 100% at fault of the accident.

So what do I do? Tomorrow I’ll go to the businesses at the intersection and ask for their security footage (still hoping they have it after 3-4 weeks). Other than that this whole situation has been a nightmare and I’m not sure what to do

Answer:
 I would be reffering them on to your own insurance company. Answer #2: You don't mention your ins co.  You should have notified them, and they, and NOT YOU , should deal with all inquiries.Answer #3: So right now, they're doing what insurance companies do, and that's try to get out of paying anything.

The correct answer was "Really?  So your client was drinking, on medication, possibly blacked out, blew through a red light, and then hit me while I was driving with right of way through a green light, and you think its my fault?  We're going to have fun in court.  See you there."

Next, they're going to try to push for it partially being your fault.  Again, this is their script, they're playing the game.  They might go for 50/50, 60/40.  Simply hold your guns that if you're not paid 100% you're going to court.

They know the odds of them winning anything in court as soon as the words drinking and medication are said are basically zero, so they should settle before hand, but you need to show them you're serious.


Title: Did my husband try to kill me?

Question:
**Background:** Home is in in rural Texas, at the end of a private gated road.

We have indoor/outdoor animals, including dogs that can be noisy.

My husband is a uber-masculine-traditional roles kind of guy. He has **always** had a consistent, strong, habit to sit/sleep etc closest to the door, so as to be able to quickly respond and protect the family from any threat entering.   He is an ex military officer as well. Firearm type weapons are common in our home. Target shooting is a common family activity.

I am knowledgeable and have basic skills in how to load, shoot, etc, but not formally trained.   I willingly participated in these activities and enjoyed it for the most part.

For 6 mos prior to this incident, we have been having significant marital problems. I slept separately upstairs, in the master bedroom, behind an occasionally locked door. He slept downstairs, in the mother in law type suite/ which doubles as the safe room/ where the gun safes are stored.

**The Incident:**  On the night in question, I was asleep in my bed, along with my toddler child.

I was awoken in the middle of the night,  with an urgent shake, by my husband, whispering that he needed my help. Immediately. He continually urged me until I grudgingly followed him downstairs. When we got downstairs, he very briefly informed me he heard a noise outside and needed my help.   He handed me a shotgun. He picked up his own weapon, another shotgun, and opened the front door, and then...... Urged/ Pushed me to go outside BEFORE HIM.

It was very dark and very quiet outside (animals asleep).

I had walked 3-4 steps outside, when Alarm bells went off in my head, and I immediately walked past him, back inside, and back upstairs, without saying a word.  Locked my bedroom door and went back to bed. I was shocked and numb and in disbelief at what happened.

**I NEED TO KNOW WHAT A LOGICAL, REASONABLE PERSON WOULD INFER HAPPENED HERE.**

\*I am now legally separated, but i do not want to be an alarmist, or sound crazy when/if I explain my concerns to the court.  I don't even know if I would have any legal recourse in this situation regardless.

\*\*I did not give additional information about any prior behavior to prevent biased opinions and advice.  Thank you.

Answer:
 This is not a question for /r/legaladvice.

Try /r/relationships.  Or possibly /r/Texas.

Here all we can tell you is that you can get a divorce without claiming this.Answer #2: Questionable? Yes. Illegal, no.Answer #3: Are you assuming he believed there was an actual threat outside and was hoping you would be attacked?


Title: Classmate found my wallet and he used my credit card

Question:
I lost my wallet it only had 15$ dollars in it so I expected him to take that but he also used my credit card. He made many small purchase on the internet from 10$ out to 60$. What can I do?
Hawaii
Topic:
School Related Issues

Answer: Call the police, and report the crimes. Call your CC company and report the fraudulent charges.


Title: [VA] Eye doctor refuses to provide me with my Pupiliary Distance, which is a measurement required for glasses.

Question: Which basically means I can only order glasses through them unless I take my own PD measurement.  This seems silly to me because my eye doctor has that measurement taken by a professional.  Isn't my PD considered medical information?  I didn't think this was something that could be withheld from me?

Answer: The Pupiliary Distance measurement is classed as a dispensing tool rather than a part of the actual prescription of the person whose eyes were tested, thus there is no obligation for a PD to be provided on patient request. Good doctor's office will still give it to you, but they aren't required to. If you go to many online glasses retailers, they will have tutorials on how to take the measurement yourself. Answer #2: I'm pretty sure that you can go to Walmart and they'll measure your PD for free.  Then, take that measurement (and your prescription) and go to zennioptical.com.


Title: (CA) Can I choose a Congressman outside my area of residence to inquire about my immigration case?

Question: The Congressmen of my area is anti-immigration. I don't want to seek his help. Can I seek the help of a good Congressman in Chicago(base location of my company?) Is that allowed?

Answer: Not really. Your congressman is there to represent you. You're not some other congressman's constituent, so they can't do anything for you.


Title: ELI5: What is keeping people from abusing warranties that will replace devices if lost or stolen? What is stopping one from "losing" their device over and over while discreetly selling them?

Question: Hey guys, sorry if I violated any rules. First time poster to legaladvice.

Answer:
 The fact that committing fraud is illegalAnswer #2: First, it is illegal

Second, you have to file police reports for insurance purposes. The police will notice if you constantly get things stolen.

Third: most have a deductible. Not sure what they run now.

Forth: it is generally a lot of work to deal with product insurance


Title: [Alabama] Got into a car accident in May 2017 that is being labeled as "collision with object" even though I didn't actually hit any object.

Question:
So I was driving back to school in May 2017 in the rain. As I was getting close to my destination, the rain had stopped, but the road was obviously still wet.

I'm going the speed limit (60mph in a 60mph zone) to be safe, but a car rides up on my ride going (I assume) over the speed limit. As the car approaches I get kind of nervous because my car had felt kind of "floaty" throughout the trip so I take my foot off the gas and my car slows a little. As the car is riding up on me, I feel the air pressure hit the back right of my car pushing the back of my car sideways. I then start to hydroplane across the highway in front of the car, without hitting the other car, and end up in the grass.

***TL;DR: driving on wet roads, air pressure from another car pushes the back of my car sideways, and I hydroplane into the grass.

At that time, I was only an occasional driver on my parents insurance for the car. Now that I'm applying for insurance, the price is significantly increased because of that wreck being labeled as "at fault" and "collision with object".

Is there any way I can get that changed to get a better deal on insurance? I have no other crashes, collisions, or tickets on my record and I'll be starting medical school soon. I find it ridiculous that my insurance is going to be so much higher just because I pretty much got run off the road.

Answer:
 I'm assuming there was damage to the car, or that it was towed? There would have been no reason for insurance to be involved if not.

This is classified as "collision with object" because it was not a collision with another vehicle. The car hit something it wasn't supposed to (the grass, the shoulder, and whatever unknown debris), and that created damage, thus the "collision with object."

Whether you were going below the speed limit will not matter. You were going too fast for the conditions, which led to hydroplaning. The insurance company will make the argument that this accident would not have occurred if you were going slower, or perhaps had tires in better condition.Answer #2: Gonna throw this out there,  since its been a while since the crash you won't be able to do anything about it.  Id try to find a company with accident forgiveness or something along those lines.  Also the air pressure from another car coming up on your rear or even passing you at speeds isnt going to cause your car to spin.  If you were doing 60 then guarenteed it was just hitting water and hydroplaning, as it can happen as low as 35 mph


Title: Need Second Thoughts on a personal loan to my father.

Question:
My father has asked me for $27,000 USD immediately in a loan agreement. He wants this money to immediately pay off all his credit card debt.

//Agreement says the following:
Principal: $27000

Interest: 30.5%
Payment: $1400/month
Payment Period: 27 months

Late Charge: Ten days late = 5% of the payment, not to exceed $100.

No security provided by my father, and nothing listed.

//My concerns:

I equate any money given to family as a gift. Assuming the worst, I don't want to enter a legal situation with my father and this money is essentially disappearing and NOT getting paid back.

I lose a huge chunk of my savings and potential to invest, which I was about to begin a brokerage account on WeBull and start playing stocks as a proactive savings measure.

I have never, ever been in a financial legal agreement with my father.

//Other Notes:
I live with my parents in one house. I have not paid rent since 2014.

My mother, on the side, is giving me a check of her money for $9000 to "offset the cost."

**Am I missing anything? Are there other concerns I should have? Is the loan sound?**

Answer:
 Just make the money a gift.

If you're not comfortable gifting 27k to your father, then don't do it.

Also, why doesn't your mother just give the 9k to your father instead of you? That seems kind of shadyAnswer #2: Are you trying to get your father in more debt? Do you want to sue someone with no assets? I'm so confused as to why you'd offer him a predatory loan in his time of need.Answer #3: Nobody here is going to review the terms of your loan for you.

Have you considered paying for your parents rent that they can put toward their debt rather than charging them 30% interest on a loan?


Title: NY here: is it illegal to drive around with a tow-hitch on your truck if you arent towing something in that monent?

Question: say you and a stranger backed into eachother, & your tow hitch caused the damage on the other person’s car. is it illegal in that instance to have the tow hitch on your truck even if you arent towing anything?

Answer:
 Not legal, but practical advice.

Take it out. New York uses salt and that encourages corrosion. Leaving a hitch in your truck will lead to it being harder to remove and put in. If you're worried enough about the legal aspect, also worry about your truck and just take it out if you're not planning on towing in the very near future.


Title: Brain aneurysm at 20. Statute of limitations legal questions.

Question:
Hi there,

I had emailed my doctor about having headaches that I had never experienced before. I asked my doctor if I can be seen for a check up but she just told me to lay in a dark room and take some tylenol. She then added that If the headaches don't continue to get better in a week, then she will see me. A week from the date I had emailed her, I had a brain hemorrhage which also resulted in paralysis on the entire left side of my body at the age of 20. I would also like to add that two years before my rupture, I was hit by a drunk driver and suffered head trauma which I wss hospitalized for.

I waited too long to get legal advice as the statute of limitation in California is a year from injury. Is there anything that can be done? The injury happened in 2013 in California with Kaiser and I have the copies of the emails.The reason why I am asking despite the statute, is because I do not want this to happen to anybody else.

Since this has happened to me, My mobility has been such a big issue and has minimally improved, I had to have brain surgery, and recovery has been lengthy leaving me still unable to use the left side of my body after 3 years. I understand that ignorance of the law doesn't grant exceptions, but I truly  believe what had happened to me was negligence.

Answer:
 The statute of limitations is what it is.  You are welcome to consult a medical malpractice attorney to see if any of the extremely limited provisions where it might be tolled apply.

Not every mistake or bad outcome is medical malpractice.  What matters is if your doctor acted like a reasonable professional under the circumstances.  A brain aneurysm at age 20 is extremely rare.


Title: [IL] Apartment complex is trying enter without notice!

Question:
Basically, just a short question.  My apartment complex owners (I found out through a maintenance man of their's) are going to be conducting inspections of all the apartments sometime in the near future.  My response to this was, "Well, that's some shit because I'm pretty sure they HAVE to give me 24 hr notice before coming."  The maintenance mam says "Somewhere in the lease, you signed away your right to a notice."

Side note, I don't really care that much, I just like my privacy.

My question is, is this even possible?  I don't have a copy of my lease handy at the moment.

Answer: Illinois has no statutory notice requirement for the landlord entering your apartment.


Title: I might be getting evicted. [MI]

Question:
I just want to know what my rights are in this case. My parents are divorced but I'm over 18 and I go away to college live up there most of the year. My permanent address is listed as my moms house and I spend most of my time there when I am home from school.

I recently got home for winter break and my mom and I got in fight. She called my dad up when u was with him and I heard the conversation because the phone was on speaker. I'll spare you the details but she basically said that she's done with me and I can live with my dad. She told my to text her tomorrow to pick up some of my stuff. Know I think she might not be serious because she has a tendency to over react and then cool down later but if she does follow through what are my rights here? I assume that since I don't live there full time and I have another place to go she can just tell me to get out or does she need to formally evict me. Also I have a dog which is MY dog as I am the legal owner and the dog considers me to be his owner. I know that she won't let me take him but is there anything I can do to get him?

Answer:
 Your permanent address is your school. She simply didn't let you return, which is legal.

>. . . and the dog considers me to be his owner.

Did the dog tell you that? Dogs are considered property. You'll have to sue for the dog to be returned, if they find in your favor. If the dog was with your ma while you were at school, it will be difficult to prove the dog does belong to you.


Title: Employer violating local wage laws

Question:
This is a complicated story, but I'll try to keep it as simple as possible. I live and work in New York, but not NYC.

My employer has a contract with the city that I live in. The city has a living wage ordinance that requires that all employees be paid at least $15.52 per hour, unless the employee receives health insurance through their employer in which case the employer may pay a lower living wage of $13.14 per hour. The law requires that a poster containing all of the necessary information, including compliance info and who to contact for help, be posted for all employees to see. The poster is posted, but cut in half. It only goes as far as listing the 'with benefits' pay rate, and the rest is cut off.

My employer has been telling employees that they are not eligible for the higher pay rate, even if they don't have insurance. Their response is "we don't do that here" or "that's not how it works here". Many employees have tried over the past three years but none have been successful. The main reason for this is that the union rep responsible for our contract agreed with my employer and told employees they were not able to receive the higher pay rate. I was given the same speech when I began looking into this. The law makes it clear that anyone without health insurance, working for a city contractor, gets the higher pay rate. It's written very plainly and is not open to interpretation. There's a reason for this that I'll touch on later. Despite what my manager and union rep said, I knew that I could give up my health insurance and receive the higher pay rate because I had read the law myself.

I contacted the city auditor for clarification and was told that my employer is not complying with the law based on my explanation, and that we are in fact eligible for the higher pay rate. He told me that the city was sued over the very issue that I was asking questions about, and they were forced to rewrite the law to make clear that employees could choose the lower pay rate with insurance or pass on insurance and be paid the higher rate. When I told my union rep about this, he immediately started talking about the lawsuit and told me which company had sued the city. The auditor did not tell me which company had sued, but the fact that my union rep knew about the lawsuit tells me that he knew we were entitled to the higher pay rate but told us otherwise.

The auditor didn't ask for my employer's name, but said that audits are done every November and he will catch them next month. The thing is, my employer has been underpaying since they got the contract nearly three years ago. In each audit, the results of which are posted on the city's website, my employer was found to be compliant. The text of the most recent said "[Employer] submitted payroll records for 15 employees, none of whom are receiving health insurance benefits. Records show that all employees are being paid in accordance with the living wage ordinance. Therefore, we find [Employer] to be compliant.". My employer has 3 locations, and at my location there are half a dozen employees with insurance. There are also 3 employees that I know of who do not have insurance but are still being paid the lower rate. For my first six months, before becoming benefits eligible, I was paid the lower rate and was never even told a higher pay rate was available. My employer clearly didn't submit complete records.

The law says we're entitled to back pay and I want to pursue this, but I also want to protect myself. I live paycheck to paycheck and I'm supporting my mother. She lives with me and does not work.

There is a no retaliation clause in the law, and I'm a union member, but the union rep's actions have led me to believe he has a conflict of interest and will not back me.

The living wage ordinance says that if a company knowingly violates the ordinance, they face termination of their city contract, they'll be barred from entering into another contract with the city for 5 years, and will be forced to repay all money paid and forfeit any money yet to be paid under the contract that they had. The same punishments are in place if an employer retaliates against an employee for filing a wage complaint. Obviously, this is going to cause serious problems for my employer. If nothing else, all employees here are guaranteed to keep our jobs when a new company takes over. Supervisors/management are excluded, but the supervisors are typically hired by the new company as well. We basically work at the location, and the employer changes every five years. I'm not worried about losing my job if my employer is forced out, but I am worried about what my employer may do.

Are there any steps I can take to protect myself?

Is there any way I can be found liable for losses sustained by my employer?

I can't think of any other specific questions. I just don't know what to do. I feel like I'm in way over my head. I knew the law and wanted to get paid more. That was it. I've opened a can of worms and my employer may lose their contracts and my co-workers are looking to me to help them get what they're owed, which is pretty substantial in some cases. One woman is looking at 2 years of backpay, having been shorted more than two dollars per hour the entire time.

Any advice you can give would be appreciated.

Answer: You will need to provide the specific locality to see if CBAs are exceptions to the min wage ordinances.


Title: I’m a Single mom with an opportunity to move from the US to Mexico. Need to know what’s within my rights regarding having my daughter move with me.

Question: I live in CA. My daughter is 3. When he sees her more often she spends 3-4 days a month with her bio dad. Otherwise it’s a full 24 hours every other week. We don’t have a custody agreement just because it’s never been an issue, but child support is in place. I don’t think he’s going to be so happy about seeing his daughter less but there has always been a conversation about him leaving the state for work so it was going to happen eventually. I need to know all the legal stuff about emigrating to Mexico, what I need from her bio dad, and my options if he decides he’s not okay with my leaving and taking my child with me.

Answer:
 This is a complex discussion with a lawyer, probably not well suited to internet advice.

You probably need your daughter's father to participate in the emigration process, and probably cannot compel that participation.  So you're likely seeking some sort of arrangement to which you may mutually agree.


Title: PA USA person abandoned dog to me now wants it back

Question:
Someone abandoned their dog to me and now wants it back. I have texts records stating from them that the dog is permanently mine. Aswell as all of his original paper work they gave me when they gave me the dog including ACA registration, certificate of degree, health record. The chip however is still registered to the original owner as I've only
Had him a few weeks.

Edit: they claim they want the dog back because he got out last night and the police found him while I was searching and naturally they called the owner on the chip

Answer: Do you have possession of the dog right now? Dogs are property so if he gifted the dog to you then its yours and he has no claim. You should make sure to get the chip info updated though.


Title: I always see people suggesting that people file complaints against their employer regarding various issues.

Question:
What do you expect them to do when they lose their job after reporting? I could report my employer for several things. The thing is, it's a small place and word always gets around. I like my job, and I don't have anything personal against my bosses, but there are things that I could probably tattle on.

I'm in an at will state in a small town. If I went up against my boss and he decided to be petty about it, I'd be screwed. How is the average person supposed to deal with that?

Answer:
 Legally? That's considered retaliation, which opens up the employer to huge liability and damages.

Practically? Retaliation is insanely hard to prove. The only real scenarios where you can feasibly claim retaliation are:

* The employer was stupid enough to come out and say that they were fired in retaliation for the complaint

* The employee was an absolute saint at their job and followed literally every policy and regulation to the letter.

* The employer went outside of their stated disciplinary policy (i.e. the employer has a 3 strikes rule and you got fired on the first strike).

There's a reason why most people add "...and look for another job" when they advise people to file wage complaints.

Edit: a word


Title: [CA] Adopted a 4 year old. Now the biological father may want back into the picture.

Question:
So my wife and I are very concerned about this.

TL:DR ; Wife and I adopted a girl, bio relative/father may want visitation or rights. We terminated fathers-unknown rights during original adoption case. Bio-Mother claimed she didn't know which man could have been the father because there was so many. Does Bio-relative/dather have a case?

So this is a complex situation but here goes. Our daughter was born to a mother who was on drugs at the time of our daughters birth. Our daughter was born with a birth defect because of this. CPS took her away from her mother at birth and rights were given to her grandparents who are great family friends of ours. Over time we mostly cared for her because her grandparents were older and couldn't give her the attention she deserved. Over time we fell in love and wanted to take her in as our own. My wife(the girlfriend) and I were 18 at the time. We started the process for guardianship and were awarded guardian status of her a year later, at the time our daughter was 3. Then one year later we started the adoption process after she turned 4 (had to save up the money to pay for it) then it was finalized and she is ours. During the adoption case, we terminated any fathers unknown parental rights. The mother signed away any rights she could have had, and signed paperwork saying she didn't know who, or where the real father is or could be. My wife received a message on Facebook from a woman we don't know holding our daughter as a baby, in the grandparents house. This is what she wrote

"My brother is her dad he is not such a great person is why you and your husband are her parents. I am so happy you guys to love her. I dont expect contact i just wanted to tell you thank you for doing what you did for her i could never have done that. and having my own child now i am looking back alot and i am close to my other neice and nephew it breaks my heart that i cant see (daughters name). if i was in a better place in life i would have taken her but its ok im glad she is in a better place."

From her message it doesn't seem like they want anything but I really don't want to leave anything to chance. I need to get ahead of this because we raised her basically from day one and these people were not involved past birth. Does the father or this women if she really is bio-related have any sort of rights to her or could she possibly try to take her from us?

Answer:
 Sounds like the grandparents knew something, and didn't tell you.  That's uncool.

Don't assume that he wants into her life.  That said, I suspect he could claim that the parties involved knew his identity, and failed not notify him of the adoption and thus he didn't consent.

IF he contacts you, talk to a lawyer.  Until then, chill.Answer #2: IANAL, but in general there's no action you can take that would block a birth father's claim any more than the adoption you've already completed, and if you try to be proactive with his family it could end up stirring a pot you'd hoped to leave alone.

I think the way for you to get peace of mind is to find a lawyer who will give you a free or low-cost consult on the issue. My guess is that you'll be told not to worry based on what you've described--a child several years old, with continuity of care that made her easy to find if dad had wanted to find her, and an accepting message from her bio-aunt.


Title: [MD] My neighborhood association is threatening to tow my pick up truck because it doesn't have a bed cap

Question:
I just moved into this neighborhood, and there's a corporation\* that seems basically like the HOA. They are threatening to tow my personal pick up truck because it doesn't have a cap, where a cap is a windowed add-on that makes a pick up truck look like an SUV.

&#x200B;

Background info:

* Resident for two weeks
* Two notifications received - these come as stickers on my vehicle window, though the first wasn't on my truck, it was on the ground (probably washed off by all the rain)
* Girlfriend and I rent this house from her parents (it was previously her grandparents', who are deceased. RIP.)
* We have no signed documents with any parties (because it's family), but presumably, the grandparents and/or parents have signed and agreed to these by-laws
* My pickup truck is not a work vehicle, has no advertisements, logos, is not specially licensed, etc. It's registered in Virginia only as of now, in case that matters

Now, I got a copy of the by-laws for this place, and I've skimmed and OCR'd the thing to find parts relevant to my vehicle (also, this document is from 1975). This is the only mention:

&#x200B;

>8. No private trucks, trailers, campers or recreational vehicles, whether or not licensed as a Class A motor vehicle and no unlicensed motor vehicles of any type shall be permitted to remain overnight on the community property or on the property of a Private Dwelling Unit within the \[community name\] unless garaged.

&#x200B;

I plan on moving my vehicle to someone else's property (outside of this community) for now, because I don't want to pay for a cap and I don't want to get towed. Obviously. The Board for the community doesn't meet again until the second Tuesday of next month, and the impression I got is that's the only avenue I have to argue this. But, do I have any sort of legal argument? Or do I need to make a case based on "this is a ridiculous rule from 1975"? Have I lost this fight before it's even begun?

&#x200B;

(\*) I'm calling it a corporation because the by-laws documents I received is titled "Articles of Incorporation of \[community name\] Homes Corporation"

Answer: It's one of those things that made sense in 1975 but not so much now that trucks are so popular.  Back then, trucks were seen as working-class and blue collar.  Today, trucks are status symbols.  Your HOA is probably run by relics, though.


Title: Is doing a "Chinese Fire Drill" against the law? [ON]

Question:
Location, Ontario Canada

Would performing a chinese fire drill be an arrestable offense or result in a ticket or is it perfectly legal???

If you don't know  what a chinese fire drill is, Its where when you are driving with a full car, When you stop a red light, Your put the car in park and every single person in the car jumps out and changes seating, Than the new driver gets in, puts it in drive, and drive away like nothing happened

p.s its even funnier if you gotta guy in the trunk

Answer:
 Chinese fire drills are not in and of themselves illegal, but may cause you to run afoul of other laws, like impeding the flow of traffic or reckless driving (since the driver must remain in control of the car at all times, even when it's stopped).

Whether you get arrested or ticketed would be completely dependent upon what crimes or traffic infractions you committed in the course of the Chinese fire drill, and if a police officer observes you in the act of a Chinese fire drill, there is little chance he's going to just chuckle and move on with his day depending upon the traffic situation that exists when you do this silly thing.

It may be funnier if there's someone in the trunk, but it's also more dangerous, and at least in the USA, you would likely be running afoul of various states' seatbelt laws.Answer #2: How is this funny? I've never understood that.


Title: Passive Aggressive Traffic Cones

Question: One of my neighbors gets really upset when cars’ front bumpers hang over the curb even slightly, and has taken it upon himself to put traffic cones in people’s reserved parking spaces so they can’t pull their cars all the way in. I live in Boulder, CO. Is this legal?

Answer: Have you considered just moving the cones?Answer #2: If the HOA won’t handle it, you could try calling Boulder Parking Enforcement or Code Enforcement, or if the back of people’s cars are partially obstructing the roadway behind them maybe the fire department.


Title: [TX/VA] I'm 16 and my dad has stolen my PC that I purchased even though I don't live with him.

Question:
Long story short. I used to live with my dad and it sucked so I moved back with my mom. I purchased a $1000 PC with my own money and I built it myself. Now that I'm with my mom, my dad said he won't send it to me and that he doesn't have to. He live in Virginia and I'm in Texas. What can I do? Am I screwed? Please help.

Edit: also let me mention that none of the money was given toe by him, I earned it all, and that I purchased the PC before I moved with him.

Answer: He's not under obligation to send it to you. If you go to get it from him that may be another story but his not wanting to bother packing it up and shipping it is not the same as theft.


Title: Caught my landlord on camera trespassing into my apartment.. Incredibly stressful situation. Feeling unsafe. Any advice/help would be appreciated.

Question:
Hi everyone..

Last time I posted here was in regards to a gas leak that's been going on for 4 months since I rented the apartment. Long story short, I bugged my landlord forever about the gasleak and the landlords didn't like the fact that they had to pay for a plumber to seal the leak. Overtime, I suffered health problems because of the leak and had to make a emergency call to the gas company to force my landlords to fix the gas leak.

The gas leak soured our relationship and now I have a new problem. My landlord is very controlling and thinks she is above the law. She would put stickers on exactly how I should park my car and dictate things that are outside of his control.

We are obviously unhappy with each other since the gas leak incident and I was concerned that they would do something to my apartment while I was gone since they felt like they were above the law.

They even tried to evict us by threatening us to "show" the house while we were still living here. This stressed me out a lot.

This is what's on my lease under right of entry

"The Lessor may enter upon the leased premises to make repairs thereto, to inspect the premises, or to show the premises to
prospective tenants, purchasers, or mortgagees. The Lessor may also enter upon the said premises if same appear to have been
abandoned by the Lessee or as otherwise permitted by law."

Also according to MA laws, the landlord must have a reason(ex. to do emergency repairs) or they must give a 24 hour notice before entering the premise.

On our camera we caught our landlord entering our apartment through the backdoor with no notice whatsoever. She also has not mentioned why she went into our apartment and it's been over 24 hours. I am certain that if I asked her, she would deny it.

What are my options here? Any advice on how I can handle this situation? Personally I don't feel safe anymore since the landlord is acting like she is above the law.

In the lease it states "The Lessor may enter upon the leased premises to make repairs thereto, to inspect the premises"

Can she enter my apartment whenever she wants to "inspect the premises"?

Thank you for the help in this incredibly stressful situation for me!

Answer: Yes, she can, but she is required to give notice; I don't believe you can waive that right in your lease. But you need to figure out what you want here - do you want to keep living there but get her to back off? Or do you want to move out and terminate the lease early?Answer #2: I would get an attorney to write her a letter and include a screenshot from the video.  Threaten whatever,  unless they comply with the law going forward.  Probably cost $150. She will probably back down and you can live there peacefully.  Answer #3: What did she do in your apartment...?


Title: I wrote this letter to my mayor, it is a story of what happened to me tonight. BEsides me feeling violated I believe some actual injustices were committed. Is this true?

Question:
this is the letter I wrote to my mayor

"Hi D@#$%,

Im writing with high emotion right now so if I can't articulate things quite properly I apologize.  I am a resident of #$@%, I bought my house last halloween. This evening, Friday July 18 I had just come home from work, I put on some music poured myself a glass of sangria and went out my front door to weed my garden. I work almost 100 hours a week, weekends and most nights and mornings gardening and a full time job mon - fri 9-5. Friday night I take off, it is the only 4 hours or real relaxation I get all week.

As I stepped out my door a man ran across the street and into my neighbors yard. A police officer came screaming down the street and asked where he ran to. I pointed in the direction the man ran. Then a swarm of police officers came down the street. One I noticed with his gun already drawn, he was a bike cop I think, he had yellow on.  Him being a bike cop I thought maybe he had something to prove, it seemed strange there was nobody around they hadnt spotted anybody yet and this guy had his gun drawn. Eventually they drag a young kid out from the bushes(i think) in my neighbors backyard. Oh and also they were very rude to a group of teenagers that had stopped to look.

So anyhow they apprehended this guy, and then asked me where he had been in my yard. I told them I did not know, and they verbally berated me. Then they proceeded to just walk into my yard! I went back to see what they were doing, they told me to leave or they would arrest me, I told them that I owned this place and it was my property and I would do as I please and they threatened to sic a dog on me and arrest me again. The police officer with the yellow shirt on had his cuffs out and was ready to pounce on me.

Now I know they were not in pursuit of this guy anymore so I feel like they just should not have even been on my property at all. Though I know from previous experience with police that they just arrest people and figure it out later. I was afraid in my own home.

I just went back inside.  I decided to file a complaint. I went to the police station.  I waited around for an hour to speak with a supervisor.  When he finally came out he was very confrontational, told me he knew what my lifestyle was like and that I should change it and was generally trying to control the conversation instead of listen.He said I could not file a complaint there and I would have to go to city hall. He raised his hands at me multiple times and even made fake acts of shooting a gun at me on quite a few occasions. Coming from another person it may be a joke, coming from a police officer it is no joke at all. I left  making no progress and asking him how he could sleep at night.

Now my next door neighbor is a police officer and when I got home I noticed that he had just gotten home as well. I was and am scared of the police now(but not of my neighbor) so I went to talk to him just to make sure things were going to be ok. Nothing is worse than fearing your protectors(which, honestly, I already did fear police and now it is far far worse).  So I talk to Neil, my neighbor, the cop and I actually feel relieved! Neil acts how all police should, he was congenial understanding and helpful! So now that my wife was home we decided to go back down to the police station and tell the same supervisor how great neil was and that it is the way police really should act.

We did. same thing out of this guy, he was confrontational raised his hands at us and called us names.("fake hippies" amongst other things). Then he threatened to arrest us both, me and my pregnant wife(8 months due in sept totally psyched) that he would arrest us for tresspassing if we did not leave THE POLICE STATION! He threatened to arrest me multiple times, for what I do not know, maybe feeling totally violated is against the law in his head.

Anyhow, now im sitting at home and Im actually afraid to go out because I dont want to get arrested for going to have a beer somewhere. Im totally shocked at how I was treated.  I work hard, I  like peace, I like people and I treat them with respect. I am pretty sure the police had no right to search my property with no warrant and even if they did, they should just treat the citizens of this town with more respect and certainly not raise hands fake shoot threaten arrest and call names. They really shouldnt ever even talk down to anyone, they really should just take a lesson from Neil, my neighbor, hes nice and it would earn them a little more respect.

Anyhow this is my night off, I wish it werent this way its been a long week. Do you think there is anything you can do? Can I feel safe to go out and have a beer?"

Answer:
 You are completely within your rights to file a complaint.

But your narrative is clearly biased, disjointed, confusing, and not clear.

You went into the encounter with an agenda, and saw what you wanted to see, and you confirmed your own bias.

I wasn't there and I don't know what happened.  But I am 100% sure that the officers involved will have a wildly different version of events.

There are two sides to every story, and I am not apt to agree that you were somehow wronged based on incomplete information.


Title: My knucklehead 16 YO son keyed another boys car. Advice appreciated.

Question: [deleted]

Answer:
 No matter what you do they can still go to the police and report the vandalism. If you settle with them that would just mean they can't sue you for the cost to repair. But you can't negotiate something with them that would make the police not investigate if it was reported and they decided to investigate.Answer #2: Ask for a quote for restoration and make your son pay.

In terms of criminal liability, it's certainly there but this kind of thing (at least in the UK) tends to get written off by police as boys-will-be-boys if the victim is made whole for the damages and the culprit says sorry and hasn't done it before. If it goes to court, any halfway decent lawyer should ensure there's no criminal record n this case, especially if your son paid for the damage he did.

An outright demand for "$1500 or we go to the cops" is potentially dodgy in its own way- I've seen that interpreted (but haven't seen it prosecuted, I must say) as a form of extortion, considering no damages have been specified.


Title: (FL) My subordinate was involuntarily committed for mental health reasons; will I break the law if I tell our employer?

Question:
I am a middle manager. This morning I received a text from one of my subordinates that she was being detained by police on mental health grounds. I presume she was Baker Acted.

I told my supervisor that she was out sick today without specifying any further. Assuming she gets held for 72 hours for evaluation, will I be breaking Florida law and/or her privacy rights under HIPAA if I tell my supervisor why she is absent from work if he asks again tomorrow for more details?

There's nothing in my employer's policies about this and I wouldn't dare go to HR with this question.

Thank you!

Answer:
 HIPPA applies ONLY to hospitals, hospital personnel, hospital records departments, clinics, clinic personnel and their records employees, doctors, nurses, insurance companies and their employees. Basically, it only applies to healthcare personnel and insurance companies.

So, no, you won't violate her rights


Title: (Canada) Retail store voluntarily issues their "money" as a bonus, however if you do a return and you don't bring the coupons they deduct the amount from the refund, converting cardboard to fiat.

Question: Canadian Tire stores give shoppers "canadian tire money" during checkout as a promo, which later can be redeemed for merchandise. There is NO WAY to refuse the fucking coupons and just pay for your items, so you must keep them in case you want to return the item later. The problem I have with this is two-fold: they are effectively converting paper to money because most people throw the "cantire money" away, as they are typically small denominations - 5 cents to a dollar depending on amount of purchase and are not legal tender. Second problem is this has got to be some sort of tax avoidance scheme. I bet in the last 20 years they converted millions of dollars of their play money to fiat. Is there a way to file class action lawsuit and force them to reimburse all Canadians for all the cash they've taken in lieu of missing "coupons" ?

Answer:
 They are giving you free money, you are choosing to throw away free money. You might see it as a "coupon" but it holds value and can be use as tender in their store. Also, their return policy is pretty clear, if you don't agree with it. Go shop somewhere else.

If you got a gift card as part of your purchase, you would still need to return the gift card if you return your purchase. Same idea, just different form.


Title: [UPDATE]Tenant Issue

Question:
original post here: https://www.reddit.com/r/legaladvice/comments/3oznyi/tenant_issue/

So I've since been told that my complex will "not be giving any rental credits at this time." My walls are still damaged, my windows still can't be covered, and they busted another water main yesterday and today causing me more missed time at work. My husband and I have both lost more than 60 hours of work due to the construction and are on corrective actions at our job due to the construction and the apartment complex is unwilling to even accept a late payment on rent even though they were the reason we're late paying. They've even applied a $100 late payment to our rent for both last month and this month and threatened eviction. We've missed so much work that we can't move at the moment because 1. we have no where to go and 2. we don't have enough money to do so since it would require downpayment/1st month's rent/etc. I'm really unsure what to do at this point. What makes it worse is that our job of course isn't willing to be the least bit lenient on us regarding attendance either.

***Edit to respond to some flaming posts asking why we'd be late to work because of no water/electricity:

On several occasions the damage to the apartment required us to have to stay at home so they could patch the walls where they literally busted holes in them. As far as missing work due to can't take a shower, I have a medical condition and there are areas where I HAVE to keep clean to prevent infections. It can be done without a shower however it takes a lot longer and more attention to detail so it comes to about the same time frame either way. Yes, I have done this already a few times but either way it results in me being late to work. I don't want to sue them but I do want to know if there's anything I can do because at this point I'm paying rent for what feels like a condemned building and then getting warnings from management about my apartment being clean. I can't even use half of the rooms that are against the outside walls which includes both bedrooms. We can't cover the windows because they're still working on the walls and when we tried, the management said we had to remove the coverings as they were impeding the work crew. This means we either sleep in a room where the windows are completely open to the public or we sleep on the couch in the living room which is what we have been doing.

Answer:
 There are several free legal clinics in your area- I strongly suggest making an appointment. INAL, but they should be able to at least tell you your options. Answer #2: Didn't you say your lease ends at the end of November?  Please tell me you gave your 30 day notice on the 1st of this month!Answer #3: At this point, your best option is to get out however you can.

Go to your bank (or a credit union if one is available) and apply for a line of credit, or a credit card, or anything. Use it to get moved in to a new apartment.

Yeah, it's gonna suck having to go into debt, but at this point, *not* getting out by any means necessary is going to end up with you both losing your job, and then at that point you're likely going to get evicted, end up homeless, and the ~~eviction will keep you from renting any place that's better than the shithole you're living in now for seven years.~~ unpaid rent may show up on your credit report, which will render you effectively unrentable until it falls off.

Get out. Now.Answer #4: Just curious as to why you have had to miss so much work?  Keep a gallon of water sitting around to wash your face/brush teeth. Going a day without a shower isn't the biggest deal.


Title: City is making me pay for gutter construction.

Question:
I live in San Jose(California). My house is on the lowest point in a street so the water collects in front of my house. I requested the city to add a street drain to the front of my house. Instead the city told me that it was my responsibility to maintain and repair the "sidewalk, parkstrip area, and curb and gutter adjacent their(my) property." [source](http://www.sanjoseca.gov/faq.aspx?TID=18). However when I bought the house there was no gutter to begin with. So I have to find someone to build a gutter and foot the bill myself, all within a deadline.

I feel that There must be something wrong since we don't have a gutter to begin with and the city's Municipal Code only calls for repair and maintenance, not construction. Any advice would be helpful. Thank you in advance

Answer:
 Not a lawyer, but a civil engineer that prepares grading plans for custom single family houses in greater la/oc/riverside counties.
 Down here, what the city is telling you is correct.  while preparing a grading plan, you must bring the existing lot "up to speed." Like in LA area, many old neighborhoods do not have entire sidewalks.  For new construction there, we are required to construct a new sidewalk from property line to property line, as well as completely rebuild the curb and gutter,

I am not familar with your city codes.  your best bet is not contacting a lawyer but a civil engineering firm in your area that prepares grading plans.  Gl


Title: Boss expects me to sign a new NDA after firing me. Why?

Question:
I just got fired today from my second job and my boss casually asked me to sign a new 2\-year Non\-Disclosure Agreement.  There is no draft as of yet so I don't know the new terms. I also already have an NDA in place. I work in the fashion industry in an Asian market.

The first NDA I signed was a simple sub\-clause of 2 short paragraphs in my contract. I had such a sub\-clause too in my first job in the same market and industry.

When I got a pay increase, I signed an updated contract which reflected my new pay and also now included an appendix. The second NDA is 1.5 pages long in said appendix. I'm particularly concerned with the clause that states, "I shall not... at any time **after** the termination of my employment with the Company, use for myself or others, or disclose or divulge to others including future employees, any trade secrets, confidential information, or any other proprietary data of the Company in violation of this agreement."

Concerns:

1. I previously had a job in the same market and industry and therefore acquired knowledge on trade practices then. So, wouldn't it be ambiguous whether my knowledge came from my current company? I'm worried that this NDA would hurt me in the future.
2. I intend to start a business within the next 6 months in the same market and industry with a few partners, who are currently working in this company. They plan to leave too when our plan takes off. Taking into account that I already have some knowledge on trade practices and this industry prior to this job, how would the clause affect my plans?
3. Why would my boss bring up a new 2\-year NDA AFTER firing me? Honestly, he is not the most ethical person around so I'm afraid what he's up to.

Answer:
 I wouldn't sign anything unless there's something in it for you. If they are offering a severance or something that's contingent on signing it, then that's up to you to accept or not.

ETA: trade secrets and trade practices are 2 different things. Unless you're revealing proprietary information you're fine to use your industry knowledge.


Title: [WA] Husband sending our 9 year old child, alone, to visit relatives against my wishes. Do I have any recourse?

Question:
My husband is sending our nine year old to visit his family (without us) for a week. I do not him there without one or both of us there as my child has a chronic illness (asthma- currently controlled but not always so). My in-laws have refused to administer the treatment plan in the past because they "don't believe in" asthma.  Ignoring the treatment plan triggers flare ups of the illness that often require ER visits and hospital stays. They also smoke around him, which is a documented trigger of his for an asthma attack. My child's illness has flared up during and after visits with my in-laws because they did not follow the treatment plan. (It's a simple treatment plan- make sure my child takes two prescription medications before bed. Yet my in-laws cannot bring themselves to do that because they "don't believe in" asthma.) They also don't give him his rescue inhaler when he says he needs it because, to them, asthma is "just a cough and he'll get over it."

My husband knows his family will not follow the treatment plan. He also knows that they will not go to an ER if out child needs it "because asthma is just a cough." (Both situations have happened when my son was in their care.) Yet he feels that our child should have this visit, even though it may result an ER visit.

I do not have a problem with my child seeing my in-laws. I have a problem with them ignoring his treatment plan and my husband, me or both of us not being there to make sure our child takes the medicine and that he gets his rescue inhaler if he needs it.

He has scheduled a visit against my wishes. My in-laws are coming this weekend, while I am at work, and taking my child with them for a week. I did not know about this visit at all. I found out about it on Facebook when one of my in-laws posted about how they can't wait to see my child for the week.

Given the past history, I fear that my child's asthma will flare up. He's had a series of severe asthma attacks over the past year that have landed him in the hospital for a couple of days on a vent.

Do I have any legal recourse? My husband and I are currently married. I have tried to discuss this with my husband and he is not bending.

(edited to add the bit about being married.)

Answer:
 Take your child, move in with your parents, and file for divorce. In custody settlement, request that your in-laws are never with the child unsupervised.

"Do not kill your child" is literally the first rule of parenting. For most parents, it's kind of a given. If your husband doesn't care whether or not your child dies (spoiler: your husband doesn't care whether or not your child dies), it doesn't matter what other qualities he has as a father or husband. **He does not care whether your child dies.**

I love my husband. He's an awesome husband and a great dad, plus a wonderful lover and an excellent cook. If it suddenly turned out that he didn't care about whether our child lived or died, the next time I would see him would be in court.Answer #2: Make sure you get right of first refusal in the divorce. Otherwise your husband can send your son to his in laws during his visitation times. Answer #3: This may be downvoted but for the dates which your husband is planning on sending your child to the his family could you take your son and go on a "vacation"?Answer #4: Fuck your husband. Take your kid and get away from him asap. File for divorce immediately, and get custody with his parents never having unsupervised visits. This is NOT OK. The health, and LIFE, of your child is the most important thing here. I can't believe your husband and his parents.Answer #5: Sorry for being dense, but -- are you and your husband currently married?