Title: [US, TX] Boss threatened to fire me over a personal matter that does not involve work whatsoever. What should I do?

Question:
A 19 year old co-worker of mine ran to our boss crying about how I have been spreading rumors about her and her new boyfriend (which I haven't). For the sake of anonymity, we'll call my co-worker Michelle. My boss dragged me into her office and chewed me out saying that if she heard one more rumor being spread about Michelle and her boyfriend, I would be fired. She also listed off other employees that she would fire along with me (we all happen to be minorities).

I told one of my other co-workers about what our boss said and he said that she can't just fire us over a non-work related matter and that he will be attempting to take legal action against her. It also doesn't help that all of the employees she threatened to fire are minorities (Michelle is not a minority though).

Is this a situation we can take to court besides the discrimination?

TLDR: My boss wants to fire me and other minority employees to protect a 19 year old employee and her relationship.

Answer:
 > I told one of my other co-workers about what our boss said and he said that she can't just fire us over a non-work related matter

Yes, he can.  Unless you have an employment contract which specifies that he *cannot* do this, he can do this.  You would have no recourse for a firing such as this.

You can try for a discrimination suit, but the fact that all the fired people are minorities isn't enough.  You'd need to prove that you were fired *because* you were minorities - as in, the treatment of other non-minority people in a similar situation was different.  Given a specific accusation, that'll be a tough hill to climb.

One final note - saying this is "unrelated to work" is incorrect.  It's causing work drama, which affects the work.  Firing someone for causing work drama is going to be legitimate, nearly always, even if the instigating event happened outside of work.


Title: Friend's Uncle burned her Passport while in a drunk rage

Question:
To give context, a friend in japan wanted to visit USA to give gifts to her friends. Her uncle intervened and in a fit of drunken rage after an arguement, he burned her passport and gifts.

She always said he always had a negative outlook towards Americans but it's got out of hand now now. I want to help but dont know if there is legal action to be take since it's over in Japan.

If this subreddit doesnt cover Japanese laws or policies then I apologize. I just want to help my friend, shes really distraught after working hard for those gifts.

Answer: Get a new passport


Title: [CALIFORNIA] The place I volunteer at is forcing us to spend our money

Question: I volunteer for community service hours at an organization that tutors young kids. They are currently forcing us to spend our money to buy candy for them, and threatens to kick us out. Is this legal? What actions should I take?

Answer:
 By definition, you are there voluntarily. Nobody is forcing you to do it. Find somewhere else to volunteer.

It's shitty of them, but you can find 10,000 other places that'll sign off your hours


Title: My ex didn't show up to our final child support hearing, what happens now? (Florida)

Question: My ex (the petitioner of the case) did not show up to the hearing today. I currently live out of state, and was phoning in to the hearing. When I called in, they said she had not shown up yet and they would call me back in the next few minutes if she did. Got a call about 30 minutes later saying she never showed and they couldn't get ahold of her. What happens from here?

Answer: You can ask for the case to be dismissed or she can reschedule the hearing.Answer #2: You get the dog.Answer #3: shouldn't it go to default in your favor?Answer #4: This happened to me in PA, the judge chastised her for not showing, asked what I want, and granted it based on the evidence I brought that I was a good father and had the kids more often. She was the petitioner in my case.


Title: (Indiana) Legally who is the car owner?

Question: If a car was paid in full, no loan, and the title and registration is in your name, is it legally your car? I'm in a situation, and just need some advice.  My father and I had a falling out. He bought a 2012 S550 two years ago paid in full, no loan or anything. He was trying to hide ownership during a divorce so when he bought it, it was titled and registered to me.  I know technically it is his since he paid for it, but Legally is it his?

Answer:
 Legally the car belongs to whoever it is titled/registered to. It doesn't matter who paid or pays for the car.Answer #2: It probably technically belongs to you.

That being said, you can't just hop in your new Mercedes and drive off into the sunset giving him the finger.  It's not a windfall.  It's a giant clusterfuck involving fraud, the hiding of assets, and numerous other things.  And once this goes to court, it's going to get even uglier, and no one will end up happy other than your father's ex.


Title: Someone spit in my coworkers coffee.l [ID]

Answer:
 You can report it to police if you'd like.  They may follow up, but it is unlikely that they can find enough to file a report.

I'd also contact corporate.  Go higher up on the food chain.


Title: My employer has been failing to deposit my 401 deferrals ...

Question:
I checked my statement, and I've had no contribution since September 30. Before that, I was contributing about 1500$ a month. I asked about it today, and we had a meeting with the 8 or so participants (its a small company). The CEO has said he has been paying bills, etc. With our money, and that he will pay it all back in a month or two. He said he'll calculate the interest we would have earned. I asked how, because don't we all have different 401k choices (I can choose various strategies) and he said he'd look case by case and do the math based on buy/sell dates or whatever. I'm not even sure that's possible.

Googling, I find this is probably illegal.

I have though the CEO was pretty honest. My first reaction is to change my contribution to 0% so that if he does keep "borrowing" my losses will be minimized in the event he fails to re pay.

I'm guessing he'll see that and it will be the beginning of the end for me here. As of the end of last paycheck, I am missing $3952.67... Not including interest.

Wtf should I do? I love my job and the company seems to be doing OK.

Portland, Oregon, BTW.

Answer:
 > I find this is probably illegal

It is.  It's misappropriation of funds at this point, and also violates the terms of the 401(k).

> My first reaction is to change my contribution to 0% so that if he does keep "borrowing" my losses will be minimized in the event he fails to re pay.

Good idea.

> I'm guessing he'll see that and it will be the beginning of the end for me here

If he fires you for this, you should consider a wrongful termination claim.  You caught your employer doing something illegal.  If you're fired as a result of that discovery, you've got a solid claim.

> Wtf should I do? I love my job and the company seems to be doing OK.

If it were me, I'd look for a new job and stop contributing to the 401(k).  Either the company is in worse shape than you think, or the CEO just enjoys stealing from his employees for sport.  Neither are an attractive option for your future.  Answer #2: This is absolutely against the law.  Employers are responsible for timely payment of any amounts due the 401K and subject to a penalty for late payments in the form of an "Excise tax".

*"The time period described by the DOL regulations requires that a plan sponsor deposit 401(k) deferral, after-tax contributions and loan repayments (employee contributions) that have been taken from their employees' paychecks on the earliest date the employer can reasonably segregate these amounts from its general assets, but in no event later than the 15th business day of the month following the month in which the employer withheld the contributions from the employee's paycheck"*

[Source](http://www.benefitsconsulting.net/site/epage/46965_545.htm)

This is a sign of either severe neglect or the company getting into financial trouble.


Title: How do I make sure all my assets to go a specific family member when I die? I live in Pennsylvania.

Answer: If you have a will, you can ensure that you specify to whom your assets will go to.  Speak with an estates attorney to figure out how to do this specifically and to ensure that your wishes are correctly worded.


Title: Ex-Wife Lying She's Unemployed and Needs Spousal Support

Question:
My ex-wife and I were married for 18 months (together for 30 years prior) and got divorced due to her overspending a lot of my money and almost in the act of infidelity. We live in California.

&#x200B;

In a nutshell, during today's court case for the divorce hearing, the judge awarded her $1,250 in "spousal support" for 9 months and for me to pay $2,400 of her legal fees. She's claiming she's unemployed however a family member of hers told me that she's working for IHSS (In-Home Supportive Services) as a caretaker for her grandmother.

&#x200B;

Is there any way I can prove that she's employed by IHSS and NOT UNEMPLOYED as she's claiming? Could she then be charged for fraud? How do I go about proving to the court that she's employed and trying to scam me and the system.

&#x200B;

tl;dr Ex-wife and I got divorced and I'm ordered to pay small legal fees and $1,250 in "spousal support"; I have a family member of hers saying the state is paying her vis IHSS to be a caretaker for her disabled grandmother-how do I go about proving that she's lying about not being employed?
Topic:
Custody Divorce and Family

Answer: Subpoena any employment records relating to her from IHSS. Depending on your county, the court itself may have self-help facilities who can help you prepare the proper forms.


Title: Advice? My dad stole my little sisters social and bought a house and claims its under his name so it is his house?

Question:
My sister who is a minor had her identity stolen from our so called "father." I confronted him about it because when we run her social security # his name and the credit lines he has opened show up. One of the most concerning thing is he has a house mortgage under her social but with his name. He says the house is his and he never used her social. He's obviously lying. Me and my sisters are struggling and we want the house back since we struggled for it. **Can we get the house back? Is it legally his?** I am currently 18 I was wondering is he could just transfer it to me, we don't want to keep it under her name because she is a minor and its illegal. I want to present a quit claim deed and take over the mortgage under my name and social.

We live in the state of Washington btw

Answer:
 I don't know about the mortgage but he needs to be reported for identity theft so your sister can secure her credit for the future.Answer #2: Look, no one is going to be getting a free house out of this. Just call the cops and report him for identify fraud.Answer #3: You're not getting the house. Depending on the bank, they may just fix the "mistake" and put it on his SSN or they might foreclose and press for mortgage fraud. The only thing you can do is report it to the police for identity theft and then take the police report to the bank so they take it off your sister's credit report.Answer #4: Sounds like identity theft and mortgage fraud for starters. Report him to the police; it's the only way to clean up your credit. You can let the bank/mortgage lender know too. They might have more clout in having charges brought up.Answer #5: How did he buy a house doing this? She’s a minor... someone financed a mortgage for an underage person? What sort of income did he say she made? How did she have any sort of credit?

I dunno... Logistics of this seem fishy.Answer #6: You need a lawyer who specialized in restate.  There was a very similar post this week about almost the same thing also in WA.  Maybe it can give you some ideas.

 https://www.reddit.com/r/legaladvice/comments/9v5z89/wa_brother_used_my_identity_to_buy_a_house_do_i/


Title: X-Post from /r/asklegal - Solicitation of former clients if I did not sign a non-solicitation agreement in Colorado?

Question:
I'm considering leaving my employer and going off on my own. I am generally the only point of contact for approximately 75% of the clients my company has.

I have not signed a non-compete, NDA or a non-solicitation agreement. The employee handbook prohibits solicitation within five years of leaving the company. However, the end of the handbook has this clause:

"I understand that this Employee Handbook is not intended to create contractual obligations with respect to any matters it covers and that the Employee Handbook does not create a contract guaranteeing that I will be employed for any specific time period."

In addition, it makes clear that signing the handbook only indicates receipt and understanding of the handbook.

Is there anyone who is familiar with Colorado IP laws (or whatever other applicable laws) who can give me a general idea as to whether I'm exposing myself to any legal repercussions. I won't hold it against you, ha.

Answer:
 This would probably be covered under Colorado’s uniform trade secrets act as a customer list. Whether or not you took a physical copy of the list, if you learned the contents and retained them (the identities of customers) then using them for your own purposes would be infringement. Whether the list is actually a trade secret depends on if the information has value due to not generally being known and if your employer takes measures to keep it secret. If it’s not hard to identify customers then you might be able to solicit them (e.g. if you sell printed packaging to publicly-listed businesses).

You have a common law right to practice a profession that trumps non compete agreements if you’re not soliciting clients. Factual information, like I don’t work at XCompany anymore and call xxx-xxxx if you need to reach me would probably be fine to tell clients. But it’s very easy to accidentally solicit, so you should have an attorney familiar with the specifics of the situation look over anything you send out. Like “I look forward to working with you” might destroy your business so you should proceed with extreme caution.


Title: Can someone write me a contract regarding...

Question:
Can someone write me a contract regarding if a roommate who sand-lease does not pay rent or able by the end of the coming month or get a job and pay for the rent by the first, he/she must move out in one week?
Location: Austin Texas

Answer: No. This subreddit is for general musings on topics, often ending with "see a lawyer." This is not the place to get actual legal services. If you want those, hire a lawyer.


Title: Might be fired this week, need advice on how to go into meeting

Question:
7 years with this financial firm in NYC. I'm so frustrated I don't know where to begin.

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I'll start with why I think i'm getting fired- I believed my boss was stealing from the company. Not small things either. I followed company protocol to report it. As you can imagine, things between me and my boss have been tense since this news broke to her. Obviously, I was either wrong about her stealing or didn't build my case effectively.

&#x200B;

My question- how do I go into this meeting? Never been fired before, and I don't deserve this one (I don't think). My company has a non-retaliation policy for these types of reporting, but I would have to get fired to invoke it. Do I resign so I can keep COBRA coverage? Do I fight it? How hard do I fight to stay in a place where I will surely be ostracized?

I'm mostly mad at myself- I should have just kept my mouth shut like everyone else. I don't want this to get messy. If I'm asked to go I will, I can get another job.

&#x200B;

 I don't know where to even begin. Help!

Answer: You shouldn't resign.  You can keep COBRA if you're fired.Answer #2: Don't resign, not only will you not lose Cobra if you are fire, you will lose unemployment if you do resign.


Title: Ex tried to kill me. Was never sentenced or punished in any way. I now have lots of medical bills, lost wages, and am likely disabled for life. Can I sue?[TN]

Question:
This happened in Tennessee, Memphis to be specific, in October 2015.

My ex tried to murder me. It was a legitimate attempted murder. To make a long story short, he beat me then threw me in the back of my car and sped off, yelling that he was going to kill me. He purposely crashed my car at 90mph (I remember literally everything from the accident, and I looked at the speedometer).

I was ejected (I had no time for a seatbelt before he took off, which was throwing me around in the backseat). Both my ankles were shattered, my shin broken, my back broken, my nose broken, and a meniscus tear in my left knee. I just barely escaped being paralyzed.

Had surgery, got a back brace, etc. I was in a wheelchair for several months and the hospital didn't give me physical therapy right away. They didn't even give me a walker or cane, my grandma just had those already. I had to learn to walk on my own again. I was going to the hospital every two weeks, so they knew. I didn't know any better and figured I was supposed to learn on my own.

I was given physical therapy but I still can't walk properly or even sit long. I had to quit my job in november because it was causing me immense pain and they refused to put me somewhere that I would be more comfortable. This meant I lost insurance before I was due to have surgery on my knee, so I haven't been able to get that.

I'm in the process of filing for disability because at this point I literally can not work, not even doing a desk job, because I have to lay in bed to get rid of pain. I can't afford my pain and arthritis medications anymore.

I told the police this was an attempted murder. I said he purposely crashed my car (which was blown up btw) in an attempt to kill me.

He was in county jail for 9 months then released. I know because he contacted me once he was out. Before blocking him I did ask if he was sentenced and all they did was sentence him to take AA for a year.

This is an outrage in my opinion.

My question is **can I sue?**

I've dealt with any legal problems ever (I'm 24 now for reference) so I have no idea what to do, but I feel like these medical bills and such should not be left for me to pay.

He has no job, and if he gets one I doubt he'll stay long because that's what he always did. He was a slacker. So I don't even know if I can sue him.

What can I do? This stuff has ruined my life, at least for a little while.

I'll never be like I was before. I'll always have pain (my doctors say so, anyway, and at this point I'm inclined to believe it).

Please help me, r/legaladvice :(

Answer:
 Yes.

Contact a personal injury attorney and get a consultation. Your attorney can review the totality of the facts (including your ex's likely ability to pay a judgement) and advise you.


Title: Cease and desist letter over some bagels....

Question: So I have a restaurant in Fairfield, CT. It's more of a deli/cafe take out eat in self serve- honestly it's a little bit of everything. We've been around for 20+ years and don't plan on going anywhere. Anyway, my father does all the baking, he's been a baker for probably 35 years and owned a bakery in Norwalk prior to opening this shop. He decided to make these rainbow colored bagels recently and they've become pretty popular. We know people have done this before, it's a neat trick that's very easy to do. So the other day we get a letter from a bagel place in NY... turns out it's a cease and desist letter, and they own the TM to Rainbow Bagels. I think it's pretty ridiculous that someone can own a type of food. I guess my question is what can we do about this to continue to sell the bagels? My father is handling the situation and he doesn't seem phased by it. I just wanted to ask the internet what they thought. Can someone really own the TM to a type of food? Or is it just the name "Rainbow Bagels"? If that's the case can we continue to make and sell the bagels under a different name?

Answer:
 >and they own the TM to Rainbow Bagels

Quite the contrary.  They're merely the proud owners of a [trademark application](https://www.trademark247.com/rainbow%2Bbagel-86891856-1.html) for the term "rainbow bagel" (that means the USPTO hasn't even reviewed it, much less rendered a decision).  Until and unless that changes, they can't demand anyone to cease & desist anything.  So they can stick it in their bagel hole.

I suggest ignoring the letter and filing an opposition (either individually or as a conglomerate of local bakeries offering the product) with the USPTO on the grounds that "rainbow bagel" is either generic or merely descriptive and therefore not eligible for trademark protection.Answer #2: >  Can someone really own the TM to a type of food?

http://www.huffingtonpost.com/2014/01/15/cronut-trademark-dominique-ansel_n_4603532.html

Yes.

> Or is it just the name "Rainbow Bagels"?

Likely it is just the name. Potentially it is way the final colors are arranged once they are maded.

Call them Roy G. Biv's Bagels. You're welcome.
Answer #3: They're trying to keep you from using the name "Rainbow Bagels."  You can call them "multi-color bagels" or "spectrum bagels" or ...Answer #4: You can search on the uspto.gov website for registered or applications for registered trademarks.

You can't trademark a type of good, only a mark that indicates a good's source. I suspect the "owner" of the rainbow bagel mark would have a problem in that the mark merely describes the product, ie, a rainbow colored bagel. You can't trademark descriptive marks. If you really want to keep selling rainbow bagels, probably worth hiring a lawyer that knows a little about trademarks to respond. I would add that trademarks also only cover the market where a person sells their goods. I doubt a bagel shop in NY and one in CT have overlapping markets, unless they sell online or ship.


Title: (GA) Someone is asking money because my friend supposedly parked his car in their private parking lot.

Question:
He parked his car at his gf's apartment parking lot and found a note left on his car. Does he ignore the note or does he actually owe money? I  know if he legally owns or leases the space, he could have had the car towed, but he didn't. Here's the link to the note.

https://imgur.com/a/XcgTI

Edit: as far as how he knows my friend's info.. we're not sure. I'm pretty sure the guy would have called my friend instead of leaving a note if he knew my friend's contact info, though.

Answer:
 He doesn't owe the guy money.

He should not park in parking spaces that are assigned to other people unless he wants to get towed.  Then he'll owe the tow company a lot of money.Answer #2: Ignore it. He's a lunatic. Answer #3: Call him and laugh at him


Title: Threatened with lawsuit over dog issue nearly 2 years ago. Need some advice!!!

Question:
Some backstory: A while back there were two ladies walking along the front of my house, on the sidewalk. My home has always had a fence surrounding it and so my Labrador would roam around the front of the house with no problems. These ladies lingered around the door to the fence for a few minutes before my dog came over, reached his head over the gate, and bit at one of these ladies leather jacket. A simple grind of my dogs tooth on this jacket had stripped it of its faux leather. There was no damage done to her and after this my dog was sentenced to the backyard, only allowed in the front if someone was there with him. I got slapped with a ticket for this wonderful series of events, and considering he is my dog i paid it and followed all orders that animal control had given me. This happened back in March of 2016.

Today, i got a letter in the mail from the woman who was attacked. She is finally charging me for the damage to her jacket. The letter states that she is "willing to accept" $99 and sent an attachment of a ebay listing. It is also threatening that unless I pay in the next 10 business days she will file a lawsuit against me for the full cost of the jacket ($170), pain and suffering, mental anguish, and court costs/fees. There was also another envelope included in the first with her return address listed.

I work a part-time job that barely pays me more than minumum wage. My dog has never attacked a person before this incident or since. What I want to know is what are my options? What is the worst that can happen if I choose to ignore this letter? I feel as though if she wanted compensation for her jacket, that request should have come in when it happened, not nearly 2 years later.
I should also mention that the state is California.

Answer:
 Statute of limitations has probably not run yet, but it is incredibly unlikely that you will be sued over such a small amount. I would personally ignore the letter. Her claims for anything beyond the slight damage to the jacket are likely frivolous.

If served with a lawsuit, you will need to answer to avoid default.Answer #2: So worst that can happen if you ignore the letter, she sues you in something like small claims court for the jacket. If you ignore the lawsuit, you'll have to pay the amount the jacket was worth when it was damaged.

You can always negotiate a less amount if you want. Nothing is really stopping you from doing that. And as long as the law suit is within the statute of limitations, she can bring a law suit within that time period.


Title: Help! Airport charged my mom for another ticket and won't refund!!!

Question:
My mom recently came over from South Carolina to martinsburg, WV. She originally bought a round trip ticket and had no problem coming to me through the Dulles airport in Va.

However, on her way back to South Carolina the people at Dulles airport claimed that she didn't have a ticket. My mom gave them all the info they needed, but they said it wasn't in the system. So they told her they can sell her one for just over $200. My mom gave in and bought it and went home.

When she got home she called to see and it turned out she did have a round trip ticket and it was in the system. And she wants her money back for the plus $200 she spent, but they are saying they can only give her the $87 half of the round trip ticket she originally bought.

I'm just trying to get some help and see if this is actually right. I think this is unfair and they should refund for the plus $200 ticket since she originally had the round trip one.

Any advice/ help is appreciated. Thank you.

Edit: Forgot to include that this was United if that is any helpful info.

Answer: This doesn't make a lot of sense. Mom could attempt to file a chargeback with her credit card issuer.


Title: Ex-husband won't get his stuff that is in the divorce decree which is in my house.

Question:
My ex-husband is refusing to get his stuff that is in the divorce decree. It's taking up all the space in my shed and frankly I want his shit, like him, out of my life! My questions are:
Is it possible at all to get rid his of his stuff w/o him knowing about it if he won't come for it? How much legal trouble can I get into if I sell it, donate it or dump it?
If these aren't an option, what is the best way to get rid of it, legally?
I live in Kansas

Answer:
 I would recommend talking to your divorce lawyer, if you have one. You might also try a property lawyer, since I /think/ belongings like this fall under matters of tenancy. Or ask for a consultation and see what your jurisdiction allows. I'm not up on KS law regarding this; your decree doesn't have a specific timeline.

In your boat, I might try this: Send him a certified letter specifying a timeline for him to pick up his items. This way you have a record he received it. If you can lay out what the items are, even better. Give him a reasonable timeframe to pick them up. Thirty or sixty days may be fair. Lay out if he does not pick them up, you are treating them as abandoned and/or will charge him storage fees, or whatever. Run that by a lawyer.


Title: The saga of my ridiculous apartment management continues. "Returned" check means we pay fines or are evicted in five days?!

Question: [deleted]

Answer: There's no point in feeling any kind of way before determining whether or not this was a simple mistake.


Title: Enforcement case to put house back on market, will a notarized letter signed by both parties protect us?

Question:
My wife and her ex-husband split up 5 years ago. The house is in his name, but was awarded to her to live in until she was able to move out. In the divorce decree the proceeds were to be split 50% from the house sale. Well after we fixed up the house and got her moved into my place, two months after it was on the market he decided to pull the lock boxes, refinanced the house, and moved in illegally.

We had to hire an attorney and start an enforcement case. He's now willing to put the house back on the market, we're somewhat okay with him living there until the house sells as he claims he is broke. My question is, these legal fees are killing us, if he agrees to split proceeds of equity 50/50 from the pre-refinance principal amount of 128k, can we simply both sign a document and have it notarized to protect us to suspend the enforcement case? If he renegs on the deal then we'll sue him for all legal fees and get him out of the house.

Or do we have to go other routes to protect ourselves? Are we fooling ourselves into thinking he'll actually follow through? The market is booming right now post Hurricane Harvey for non-flood houses, and we think it's prime time to sell.

We're in Texas if that helps. Thank you all.

Answer:
 > if he agrees to split proceeds 50/50 from the pre-refinance amount of 128k, can we simply both sign a document and have it notarized to protect us to suspend the enforcement case?

Notarizing the document would accomplish almost nothing.

It sounds like he's already in violation of the divorce decree. I doubt a contract to do the same thing would suddenly make him behave. Answer #2: Court, I'm afraid, is your best bet here due to the illegal occupation of the house.


Title: (Alberta) Previous employer is refusing to give severance pay - what actions would you recommend taking?

Question:
I was first contacted by an awards company in my city last September about a job opportunity doing laser engraving. I had only recently graduated from High School and this opportunity was a lot more appealing than the mall job I was working at the time, so I set up an interview and ended up getting the job. I continued to work there for a few months and found that while I liked the job, my employer was a bit of a dick. He would often yell at employees, normally me but a few others as well, for making mistakes in their work. My fellow employees were very sympathetic, and we made sure to stand up for one another during these situations.

Three months in, approaching a week long Christmas break at the end of December, I'm called into my employers office where I'm told that my performance has not been up to their standards, and that they've decided to let me go from the laser engraving position. They would, however, offer me employment in their signage and decal department - but in order to do that, they would have to terminate my employment and rehire me which would reset my probationary period. If I chose to come back I would start on the first work day after the break, January 3rd. Over the course of the break I made sure to verify via government websites and the like that this probationary period would only be with the company, and wouldn't affect me in a way like this.

So I returned to work on the third in the new position and began training. However within the first two weeks the replacement laser engraver had left the company, and I was put back on the laser position. This continued for about a month, and in early February there had been a new hire. Initially this hire generally helped out around all the areas, mostly doing graphic design work. However about halfway through the month I was notified that he would be taking over in the laser position over the next couple weeks. I spent that time training the new hire, and at the end of the month was informed that I was being let go (conveniently as soon as the new hire was confident enough to handle most of the laser work himself). I was given my second Record of Employment and my final paycheque. My family was actually the first to bring up severance pay, which had not been included on the cheque. I contacted the previous employer to inquire, and was told that from what he was told, he did not need to pay it due to the break in employment. I asked him to look further into it ([I was sure I was owed the money](https://work.alberta.ca/documents/Termination-of-Employment-and-Temp-Layoff.pdf)), and that I would do the same myself. Weeks went by, with frequent ignored phone calls to the location. Eventually I ended up going to the location to confront the employer and was told that he had been in talks with his lawyer and hadn't had a solid response yet. He had also told me that he could not contact me due to not having my number (which I believe to be a lie, as the company had phoned me multiple times over the course of my employment). He also made sure to mention previous mistakes I had made at the company, and threatened to come after me for damages that may have resulted (which, as far as I know, is extremely illegal). In the mean time I set up a complaint via employment standards, and emailed him a "Request for Payment" form that I was provided.

I finally received an email response yesterday around noon, which I will include below (with sensitive information removed)

"Ryan....

We have consulted with our counsel and have been advised that because you were terminated within your 3 month probationary period, that further payment is not required.    As you are fully aware, you were  terminated and then rehired with a mutually agreed probationary period.   In essence, we were giving you "another chance".   Regrettably, your overall performance was deemed unsatisfactory in several ways which led to your termination.   Some of the issues, which you are fully aware of,  include (but not limited to):
          - lack of attention to order details causing further replication of work and replacement of damaged product / additional freight costs
         - lack of attention to the upkeep of the laser engraver and optics

          - ignoring important order deadlines

          - lying to me regarding the status of existing orders
           - customer complaints with response to your work.  More specifically, **** Electric has threaten to discontinue doing business due to the way you handled their account.  "I have asked Ryan to make  changes to our order five times and I keep getting back the identical mistakes.  It's as if he is ignoring my requests for corrections" says **** *. of **** Electric.

         -  repeated lengthy restroom breaks which average close to 20 minutes completed outside of normal breaks

Additionally, our counsel strongly suggested that we advise you that if this matter progresses any further, we will seek repayment of associated bills and costs.

We consider this matter closed."

I presented the email to my family members, and was told by my mother and step father that they would supply me with financial means to take the situation as far as I need. From what I can tell, my options here are to

- Go ahead with the complaint through Employment Standards, which would begin an investigation

- Contact a lawyer, explain the case, and potentially have a letter written up if the lawyer believes we have a case. From there I either receive the payment or take him to court and make sure I can drain as much money as I can

Thank you to all who read, and if you can offer any advice on the situation it would be greatly appreciated. Some further information

- The "Reason for Issuing this ROE" section of the ROE was left blank

- The ROE lists my Occupation as Laser Engraver, not the new position I was intended to work

- The situation he mentioned in the email about "lying" was also brought up when I was let go a month ago. This situation was merely a matter of miscommunication as far as I'm concerned (he wasn't very clear about the order he was referring to) although I doubt it has any legal standing anyways

- Over the course of my employment I received no performance write ups or similar forms of documentation

Thanks again everyone!

Answer: Don't take legal advice from the opposing party. You already understand the options before you; personally, I'd start with an employment standards claim. Let your employer demonstrate their case to the ministry rather than scaring you off of filing.


Title: [FLA] Apartment flooded. Not sure what I can ask the complex to do.

Question:
So Tuesday morning my fiance and me work up at 5:30am to find out entire apartment covered in water. Upon inspecting the place while starting to move electronics off the floor we found the A.C. unit sounded like a waterfall. (Background info: We had maintenance out to repair our A.C. two days prior because we were getting no air, needed to thaw and have refrigerant added). We immediately called maintenance and they had a crew of people out to start cleaning it up by about 7:30. The maintenance worker who came out, different then from two days prior, said he believed it was the heater coil (we haven't used the heater in quite a while, and we didn't have it on the night before). They told us the entire apartment would be uninhabitable while it's cleaned up (the crew out, not the people who actually work for the complex). We don't have renter's insurance (we do now), but I'm curious if I can ask for the complex to prorate our rent until it becomes habitable (They said at least a week)?

I called earlier today and tried to speak with the manager who's only response was "it was no ones fault but we're not compensating you." At this point I'm not too concerned with our belongings, just trying to figure out our living situation as staying in a hotel is not fiscally possible for us for an extended period of time.

Sorry for the formatting, doing this on my phone from work.

Edit: I had FLA in the title but this is in southern Florida to appease the bot.

Answer:
 Do you have renters insurance? That's who you would make a claim to.Answer #2: NAL - but the "it was no ones fault but we're not compensating you." line doesn't sit right with me.

It's their machinery that caused the issue that has displaced you from your home. You paid rent and you are either due a dwelling or you're due a prorated refund if they aren't able to provide you with shelter.

You'd need someone with more expertise to chime in, or you could read the statues yourself to see if there's anything there, but I imagine they either need to put you up in a hotel or another unoccupied apartment until yours is available again - OR give you a prorated refund on your rent and you can go to a hotel in the meantime.


Title: [US] keeping spouse on health insurance

Question:
I work for a large organization and I just received notice in the mail that my wife and I need to submit a bank statement with both of us on it and also the front page of our 2014 tax return.  To me this seems insane, especially since we could file separately and also we don't have a joint bank account.

Can my wife be kicked off my insurance if we don't submit these documents?

Answer:
 My company did an audit a couple of years ago. We had to submit a copy of our marriage certificate to show proof that we were married.

Of course now they have a fee if your spouse has insurance available through their employer, so good thing the company wasted money on the audit. /sarcasmAnswer #2: Even if you filed separately, the spouse's name and social security number would be on the front of the return. So, "insane" it's not.


Title: (GA) Is this an FMLA violation?

Question:
In Georgia, a female is employed in a capacity that pays both salary and commission.  This is with a major firm employing several thousand people.  The commission is based on the size of accounts held and growth in those accounts.  Generally speaking, commission has paid about 30% of the base salary (so $100k salary plus $30k commission for $130k total is typical).

Earlier this year, the female went on FMLA-approved maternity leave.  Upon returning from the leave, she was given an equivalent job with a new boss and co-workers.  However, she discovered that her accounts had been given to another employee.  She was given new, much smaller accounts such that her earnings will not be the same nor equivalent.   For example, she expects her total salary and commissions to drop from 130k to about 110k, or a drop in commissions from 30k to 10k.

Is this, or could this be, an FMLA violation?

Answer: She can't expect the same accounts back because someone had to take them over while she was gone and is now very familiar with those accounts as they are today. Coming back after some time off means there is probably a bit of rust so they want to make sure she is ready before throwing her back in the deep end. I dont see a violation here.


Title: Workplace Performance Law?

Question:
this may seem rather simple, but I'm getting different answers in my own research. I cant seem to Identify the most recent Workplace performance law in Utah.

 My friend works at a call center and not a particularly busy one either. There can be a lot of down time in between calls. So in that down time many of the employees browse the web or look up sports scores and such. Managemant at this company just said that if they catch employees with non work related material on their computer they will "fine" the employee 50 dollars off their check. I'm not sure as to the legality of that statement. Can a work place decide just arbitrarily decide how much you will be payed like that? its an hourly wage position so its not salary or anything, I don't know if that matters or not. And if it's not, what is the specific law that states so?

 TLDR: can a work place "fine" your paycheck due to performance on the job?

Edit: location

Answer: No, they cannot fine employees like that.  They can write them up, send them home for the day, or fire them for it.


Title: Domestic violence vs. Self defense?

Question:
Okay firstly, I live in Ohio. I've tried looking for self defense laws but have only found stuff on the use of deadly force.

What happened was, yesterday my boyfriend and I got into a big argument. I shoved him, and tried to walk away. He then grabbed me by the throat and dragged me back to his car. Once in the car he and I continued to argue until he turned on the radio so he wouldn't have to hear me. I smacked him several times, not hard enough to hurt him but to annoy him, and he came back at me with a smack to the face that left my jaw swollen, and bit my arm enough to puncture skin.

We continued to grapple, him bending my fingers back, and me clawing at his hand to get him to stop. This left scratches upon his hand. Then he shoved me into the car door hard enough that I got a friction burn on my face. I came back at him again, clawing his throat this time.

As we continued arguing I gave up and got out of the car, only for him to grab my phone. It's on his mother's plan but I am paying for it myself. He kept it from me, and in retaliation I bit him, since he had already bit me.

Now he and his mother are claiming it was self defense since I hit him first, even though I had no intention to harm him until after he bit me. Is it really considered self defense?

Answer:
 > Now he and his mother are claiming it was self defense since I hit him first

Who cares what they claim. Neither of you were acting in self-defense. If the police had been called you would both have been arrested, and both of you likely charged.

If this is not a troll post, if this really happened, you need to get out of this relationship and get counseling. This is not healthy (nor legal) behavior.Answer #2: You two need to get far away from each other.


Title: [Indiana] Wife injured, neighbors dog got out again

Question:
We live in a rural-ish area.  A subdivision, surrounded by cornfields.  The person that owns the barn approximately 300 yards away from my house has 2 large breed dogs (great pyrenees).  They are really nice dogs, but they have been getting out for years.  He's rarely there to watch them (I know this as I've spoken with him numerous times).  He only keeps the dogs to keep watch on his horses.  I have photographic evidence from as far back as 2012 of the dogs coming to our house.  The police have been called numerous times, and he's been cited and ticketed from my understanding.

So, the past week, my 5 year old daughter opens the front door and one of the dogs was outside.  I have 2 dogs, and they go running out after the farmers dog.  My dogs don't like other unknown beings in our yard (and I like it that way).  I don't like keeping my dogs kenneled all day long, so they are free to roam inside the house.  My daughter tried to keep our dogs inside, but wasn't able to.  My wife subsequently goes running after them, to ensure the safety of not only our dogs, but the children as well.  She didn't want any kids getting into the middle of a dog fight. As she's going to run out, she slips and falls and puts her face into the wall, and her knee onto the linoleum.  She ended up spraining her knee, and bruising up her face.  I was right behind her, saw it all, and was able to quickly get my dogs inside before anyone or dog got hurt.  Fortunately, my dogs are trained to listen to me...

I know anyone can sue for anything, as /r/legaladvice has taught me.  But winning isn't often practical in some cases.  The desired end result here is to first get the dogs to quit getting out, and then recovery of the costs for the ER visit.  Is this something I should sue the guy over, or would I be wasting my time?

edit: and the police were called again this time, we went by personal vehicle to the hospital because my wife hates ambulances, if it matters.

Answer: She slipped trying to retrieve her off leash dogs. It will be a stretch to blame it all on the other guy.


Title: (NC) Boss rounding pay down.

Question:
I work at a gas station. My employer seems to be rounding my pay down to the nearest half or quarter hour mark.

She is definitely not rounding up or down to the nearest quarter hour, as I'd have at least an extra hour or two logged if that were the case.

 Is this even worth contacting an employment lawyer over before she has stolen a certain amount from me? Would it be a better use of my time to contact a lawyer now, wait until more damages are accumulated, or just cut my losses and look for another job?

 If they fire me for complaining about this (or for a "random" reason right after I complain), is there a certain time period that I would need to have been employed before being able to collect unemployment?

I take pictures of my time card every time I clock out.

Thanks.

Answer: If you clock out at 7:07 they'll round to 7:00, but if you clock out at 7:08 they must round up to 7:15.


Title: Can you be deined a day off work to attend funeral.

Question: Hello, my girlfriend and I have lost one of the best friends we could ever ask for yesterday. We  live in Iowa. She currently works at Target as a soflines associate. To keep a long story short she was denied time off to attend the funeral this saturday. Her manager told her they had to quote "keep the ball rolling." My question is can they legally deny her the time off to attend? Also, while I have your guys attention, they also told her that she absolutely HAD to stay with the company until May 28th even though she never signed any contract abiding her to hold this job. Please help guys this week has been hard enough and I don't need any joke of a company making it worse.

Answer:
 IANAL

Yes, unfortunately they can.

However, if she takes it and is fired she ***may*** be able to get unemployment if she otherwise qualifies. I have been awarded unemployment based on lack of bereavement for a non-family member. YMMV


Title: Police want to charge me a fee for stolen moped

Question: Long story short, two kids hot-wired my moped one night and got caught. The incident occurred near my place and was not alerted until two days after the fact. Now the police want to charge me $70 for storing it. I know it's not a huge sum, but as a college kid $70 can go a long way. Is there anyone who might be able to help me get out of this??

Answer:
 Taking the thieves to small claims is the way to go. You should do this not only for the fee, but also for the repairs you'll need to get for your moped (I'm assuming that the hot wire caused damage). Small claims does not require a lawyer and you can hypothetically include court fees in your damages. Bring any and all receipts involving this incident  with you when you present your case. Answer #2: You pay the fee.

Then you sue the suspects for the amount to get it back.


Title: My rental housing company told me something pretty outrageous

Question:
I reside in South Carolina, USA. I rent from a housing company that if I had googled before I moved in, has a one star rating. Anyway, here's the tl; dr:

I've called maintenance 7 times in 6 months for things they've failed to take care of previously. Busted pipe, etc. One in particular is the THICK black mold far too gone to have possibly come from me. It appears as though they just cleaned the walls before I moved in. I call in an order and they wiped it away with bleach. It keeps coming back. I call again yesterday.

I get a call back and word for word the lady says 'Since our unit just isn't up to your standards, you're welcome to your deposit and termination of your lease.'

There is NO possible way I can move now. Not to mention, it's the master bath right next to me bed. I've been coughing non stop for 4 months, and my toddlers for 2.

I'm getting the redirect runaround on gov websites for the housing authority. Am I going the right route in reporting them? If so, can you provide a link to a site with actual info that doesn't redirect me? I've talked to several of my neighbors who have the EXACT same mold problem and got the EXACT same response. One neighbor even had their ceiling leaking due to a busted pipe in the bathroom and they put caulk on her ceiling and around the tub.

Answer:
 That actually sounds pretty nice of them to offer full deposit and termination of the lease. They're under no obligation to do any of that.

Also, there are about fifty thousand kinds of mold - unless you are a trained professional I discourage you from making assumptions about the type of mold.

Sounds like the apartments are shitty, but nothing is illegal or wrong about the situation you've described.Answer #2: If you are that worried about the health of your kids and yourself then take their offer and get out of there.  Answer #3: IANAL.

It appears there was a bill proposed in 2015 to prevent this kind of issue, but it died in committee.
https://legiscan.com/SC/bill/S0688/2015

A cursory search seems to indicate that your landlord doesn't have obligations to you regarding mold. [1](http://www.wral.com/rental-mold/15306657/), [2](http://www.wistv.com/story/28697941/wis-investigates-state-law-does-not-protect-tenants-from-mold)

I renovate buildings. It is likely there is a moisture problem inside your walls, and if you open them up, you'll find an infestation. That is a VERY costly fix that your landlord will never undertake unless legally required. Pulmonary issues are a big deal, and you should do everything you can to move.

You can try to [clean the issue yourself](http://www.scdhec.gov/HomeAndEnvironment/DisasterPreparedness/Hurricanes/Mold/). Since it's probably infested the walls, this is likely not possible to handle on your own.


Title: Being evicted after landlord broke lease, what rights do I have?

Question:
I'm in Arizona and am being evicted from my rental home for nonpayment of rent.
 The landlord already violated the lease on several counts and occasions (the home was deemed uninhabitable for over a month), and I was in the process of breaking the lease and seeking compensation as a result.  Unfortunately, I lost my job at the same time.  Knowing that I would have difficulty finding work without verified employment, I attempted to negotiate a compromise with the landlord (essentially offering to fulfill the remainder of the lease if they would waive one month's rent as compensation).  They stalled, late fees stacked up, and here I am today.

The judge I saw said "Eviction is a process... You'll have 45 days to vacate, and 20 days beyond that to remove your belongings.  They don't want your stuff."  Of course, I came home the other day to find the locks changed.

I had already begun moving my things, but still have a lot left and my management company is only allowing me a 1.5-2 hour window (on a weekday of course) to get everything else out, and I fear it won't be enough time.

1) Given that the landlord had already violated the lease on multiple counts, do I have any rights to have the eviction removed from my record or to get my deposit back (the lease says I get my deposit back if the landlord violates and breaks the lease)?  The judge if I paid the amount due I could get a "Satisfaction of Judgement", but I understand would only partially clear my record.

2) I feel I am still owed some compensation for what I had to endure in the home, and while I know that it was enough to constitute a lease violation, I am having difficulty placing a dollar amount on it.  The major things were not having a stove for 4 months, no hot water for one month, and 2 unannounced inspections.  I was hoping the judge would be able to take this into account when calculating the amount owed but he said that would be a separate matter.  I was originally going to ask for 2 months rent.

3) I don't have an audio recording of the proceedings, and it would take up to 5 days to get one from the courts (I'm supposed to get my things on the morning of 5/17, less than 48 hours from now).  Is it in my best interest to reschedule the move until I review the audio?

4) IF there is a discrepancy between what the judge said and the law/policy, would that give me any right to more time?  I would have hustled to move my things out sooner had I not been basing my actions on the judge's erroneous statement.

Sorry if that's TMI, I just wanted to cover all the background.  Any advice would be greatly appreciated.

Answer: Definitely get a lawyer. Even if you don't have much money right now at least get a consultation. This may be a small claims matter but I'm not a lawyer so don't quote me. The biggest matter to you, inform the lawyer, is that you have 45 days to move out and the landlord changed locks on you. This is ILLEGAL! Arizona is a No self help eviction state. A landlord can't change locks to evict a tenant. It's possible that you will be given monetary reparations for this. Report it immediately, and document it. Document or record anything you have, emails,texts, letters that show or prove that the lease was broken. This is your evidence and it sounds like you have enough to prove your point.


Title: Ex-roomate took my debit card # (but not the actual card) and withdrew money?

Question:
I know was him for several reasons but can't prove it unless I can get the police to check the security footage from the ATM or restaurant it was in.

I went to file a police report and the officer told me I needed an affidavit from the bank for them to check my bank records. I then contacted Chase bank about it and they emailed me paperwork stating it was fraud and they were reimbursing me, but it's not an affidavit. Do I really need that? I don't need the police to check my accounts, just the security footage, if it exists.

Just to complicate things a little I'm in NYC and the fraud took place in New Jersey. Any help/advice on what to do next would be greatly appreciated.

Answer: Take the paperwork they gave you to the police. Since Chase is reimbursing you, you can't take civil action against the roommate but Chase can


Title: Car renter owes me over $3,000. The car is supposedly not starting and is 5 hours away in a different state. What is my best method of recourse? (Austin, TX/Lake Charles, LA)

Question:
I have a small side car rental business that I have been running for the past 9 months. I bought several cars to rent out through a national peer to peer car rental service. Overall it has worked great. Except for this situation. I had a guy contact me through the site and request to rent my nicest car for an extended period of time and asked if I would come down on price. Since the service takes about 30% of the price he pays, I figured it would work out better just to do it on side and not go through them. I told him exactly what the rental terms would be and emailed it to him. How much it was per month, how often he needed to pay, how many miles he could drive it per month, etc.

It worked good for the first couple months and he made his payments ($1,200 per month), but then fell behind by a lot. He has been mostly very responsive to texts and calls the entire time, promising to make payments and catch up, and then claiming that he doesn't have any money to make payments. He says he is a contractor and his work has not been good about paying him.

I have told him on multiple occasions to bring the car back, and he told me he would (he claimed for a month not to be in the same state as the car and that he hadn't driven it for a while), but then said something was wrong with the car and it wouldn't start. He has for the past month told me that he has been working on getting it fixed and that he would bring it back as soon as it is. I am guessing it is never going to get "fixed" (he may be lying about it being broken, I don't know), and I am trying to figure out what to do.

The most important thing to me is to get the car back intact. It is worth about $20,000. I have threatened to report it as stolen since he is keeping it against my wishes, but I don't know if that would just make things messier. If I go pick it up (he gave me the address it is supposedly at), I may have to get it towed to a shop and hopefully get it fixed quickly. It sounds like a nightmare to go that route. Then would I then be able to file a claim in small claims court and expect to ever see any of the rent money he owes me? Should I report it as stolen? Please help!!

Answer: FYI you should get the GPS tracking and possibly even the remote kill switch for your cars if you are running a business like this


Title: Held in jail without indictment and no public defender (LA)

Question: [deleted]

Answer:
 Two finer points:

You mention the other party is a minor but no age. If the minor was even one day shy of 17 they legally could not give consent (assuming your friend is 18+).

He wasn't arrested bc he asked for a lawyer. He needs one however, perhaps pass the hat around his family? Answer #2: What is the bond set at right now? And what are the felonies he was picked up on?


Title: Family Member Defrauded By Social Carer

Question:
To give some context to this situation, my uncle received a substantial settlement (150,000+) from a work related back injury, sustained in the 90's.

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Fast forward to 2012; crippled with back pain from the injury & his doctor refers him to a "social carer" who would help him around the house for a few hours each day etc. It may also be worth noting my uncle had onset Alzheimer's, at the time.

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This "Social Carer" had no qualifications yet was referred by the doctor; which is questionable in my opinion but here comes the punch in the gut!

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It turns out the "social carer" would drive my uncle to the local bank to withdraw €/£/$1,500 (Cash only) every 48/72 hours, take him to go swimming (for the back pain), then finally bring him home and wait for him to fall asleep after taking his medication and take the money.

&#x200B;

48/72 hours would surpass and my uncle wouldn't have remembered he'd withdrew any money and he'd be taken back to the bank to withdraw another 1000-1500 in cash which would be stolen by the "social carer" once he fell asleep. This would continue to happen until my uncle withdrew 200,000+ in a 12 month period (2012-2013) and was left with no money.

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I'm doubtful anything can be done in this scenario; but wanted to reach out if there's anyone who has any advice.

Answer: Stealing that much money would most likely be a serious felony(I'm not in the UK though). There are ways that the police could look into it even if there isn't a paper trail (meaning the caregiver didn't deposit it into their bank account). If they were stealing the money they were most likely doing something with it. If they bought a car, house, other items or went on vacations out of their legal financial means those would be huge hints to the police and they may be able to prosecute on circumstantial evidence (assuming that they don't dig up hard evidence to go along with it).


Title: I made some profit, unsure how to proceed (Help)

Question:
Hi, i made some profit from spending my allowance on buying crypto late 2014,2015 and early 2016. And totally forgot about it. While moving from my parents house i found the pen drive that had the wallets stored. I would like to cash out a significant portion( but still invest in crypto). I figured i could use coinbase to cash out, but i am not sure how to report it o IRS and the bank. I live in Portugal and i have a ok paying job. Could some one shine a light how i could continue. I already cashed out 5k to buy a car.
Topic:
Tax Law

Answer: This would fall under capital gains. You only need to pay taxes on the profit that you cashed out.


Title: No siding on top half of my house. This week the temperature was in the teens, next week, the 30s. Is my landlord liable for my expensive heating bill? Washington

Question: I don't wanna post any pics, but some of the sheetrock is exposed to outside elements. About 90% is plywood, some covered in Tivek paper, 10% sheetrock exposed. They removed the siding in August and put up plastic sheeting which lasted through November and is now shredded. Im going to re-read my contract, but are there any laws pertaining to length of time to complete construction projects? What about pricey heating bill? Also, it makes the place look like a horror movie!  Landlord told me they are waiting on permits. Rent is expensive, any advice?

Answer:
 Lack of heat, or in this case, the inability to sufficiently heat, would fall into a habitability issue. Consult a tenant advocacy group. There are several in Washington if memory serves.

Chances are the advice is going to be along the lines of notifying your landlord that they are in violation of the lease and to fix it, or you will be forced to terminate due to breach of contract, and note that you will have no choice but to charge them for all costs incurred. Demand a complete return of your security deposit, costs associated with hiring professional movers, reimbursement for wages lost because of the move, and if your replacement apartment is more expensive, the price difference between them for the remainder of your current lease.

It's hard to place tenants in the winter. That means finding apartments is (typically) easier.

Edit: intoxicated spellings.


Title: My young sister(23) who has never committed a felony got involved with the wrong guys and became and addict based on traumatic life changing experiences.

Question:
Today I went to her first federal hearing in El Centro, California. I’m not sure if that’s the correct terms. I have never been involved in any process yet at the federal level. I took a notebook and wrote everything from the judge and the government who are prosecuting her and the driver. The driver is a category 3 criminal (I have no idea what that is) and was denied bail.

I was able to speak with her appointed attorney for 3 minutes and asked her to please let my sister be evaluated by a psychologist so she can get the necessary help. Her bail was denied since we are low income and she has zero assets.

Based on the observations i saw on the guy and her, im confident she’s being manipulated to take the blame. If convicted, her minimum sentence is 10 years. His is 20 years since he has criminal record.  She has two daughters. A 6 years old that is in custody with her biological daughter and a 1 year old that is with my mother. Have no assets or savings since i been living on day to day paycheck but I’m now desperate to get help because It would take a toll on my entire family and me, her older brother. I’m currently thinking of selling everything I have so I can be able to help her out. Even if it’s just to get pointed in the right direction I can used that money for compensation. I have more details about both from the hearings saved on my notes. Sorry if I’m not making sense. I’m just writing it from my phone and English is my second language so it’s a little difficult for me to express on writing.

I’m also assuming since there’s narcotics involved the DEA approached me and I wrote down the agent number and asked me if I ever wanted to talk to him. I thank him and left. I’m not saying anything to them without an attorney. The next trail is May 1.
Topic:
Drug Possession

Answer: If you can help her pay for a lawyer, then there's that, but that's about all you can do. You also need to face the reality of the situation. Almost every criminal's family members think they are innocent or being set up.


Title: Guy pressing charges against my girlfriend, threatening jail time

Question: [deleted]

Answer:
 NY State police crossed state lines just to question a 16-year-old girl about lying about her age on the internet? I guarantee you, she's withholding a little information here.Answer #2: The police are involved, most likely, for one of two reasons:

1. She is lying to you and used the site to scam guys out of money/gift cards. This guy may not have been one of them, as she claims, but if she sent pictures, or offered something in exchange, there could be a fraud/CP investigation.

2. The police believe that she's being exploited by her parents or someone who are forcing her to, essentially, prostitute herself on this site while underage. Answer #3: The guy can't press charges. The cops do that. And they probably won't. And he can sue all he wants, but he won't get anything. She and her parents should respond if he does file a suit. But, really, he's a nutter and he's likely only going to get himself put on some watch list. Don't sweat it. In the meantime, she really should quit lying about her age.

Also, how the flip did he get so much of her contact info?


Title: Child Custody - Father Rights - Harris County, Houston

Question:
Location: Harris County, Houston TX

My fiance's Baby Mama (BM) is in clear violation of the Child Custody Court Order.

She moved to a city 3 hours away, even though the child has a restrictive residency clause in the Order for our county.

She is refusing to let my fiance see his child, unless he sends her money (she keeps saying he needs to help her financially).

He has offered to send her money, IF she can give him receipts. She blatantly said she refused to provide receipts.

He said he would ship things directly to her (clothes, toys, school supplies, etc), she said no to that as well.

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My question is:  if we take her to court, will she have to move back to the county? Will he be able to take primary custody of child (since the residency restriction is only for the child)?

Because she is the mother, will the court automatically take her side?  (as I keep hearing)

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Answer:
 First some unsolicited life advice. Although it impacts someone you deeply care about, stay out of this. You're going to be the wicked step-mother and your involvement has a really significant chance of souring negotiations or court actions.

Your fiance has a court ordered custody agreement. It's incumbent upon him to enforce the agreement. She cannot restrict visitation to extort additional financial support. That said, your fiance can't demand receipts to substantiate the legitimacy of the things money he sent pursuant to the agreement was spent on.

Your answer: They *might* make the child move back to the county. He certainly can ask for primary custody.


Title: [CA] Girlfriend injured in non-fault accident, other driver has no coverage

Question:
I'm just past the two year anniversary of an accident I [twice sought help for on this subreddit](https://www.reddit.com/r/legaladvice/comments/2i7nfc/ca_followup_girlfriend_injured_in_nonfault/), and things have not really gone anywhere. (Accident 9/26/14)

**Long story short, a driver (P1) ran a red and t-boned my girlfriend, totaling her 80's BMW and sending her to the ICU for a week with bleeding in her brain and a broken hip** (if you saw the car you'd consider that a miracle).

On the day of the accident, my GF was on her like 2 mile drive to work waiting to make the last left turn of her commute when a 97 Ford Explorer ran straight through the red and impacted her 85 BMW 325e in the driver's side door, throwing my GF into the passenger's seat (Driver's seat didn't exist any more, the door was nearly touching the center console, steering wheel could be comfortably accessed from the passenger's side). My GF was totally unaware of any of this--she woke up in the hospital wondering how she got there.

Since the accident, at the advice of a couple lawyers we spoke to, we initiated contact with her insurance company with the intent to take whatever they could offer due to bottom-barrel insurance. **After about 6ish months of agonizingly slow snail-mail correspondence** (P1's insurance appears to only have the capability to correspond by typewriter from across the country), **their insurance company finally concluded that their official response was "fuck off and have a terrible day"**. Lawyers since then have essentially just said "yeah you can sue and win, but then you'd be out my fees and still have no compensation for your car." (SIDE NOTE GOING BACK: P1's insurance took possession of the wreck as step 1 of the claims process, never heard anything back about that. I'm assuming they saw the damage and noped the fuck outta there so either the yard has sold it as scrap or they did. EDIT: I'm told by GF that she actually only signed a paper that let P1-Insurance *see* the car not take possession of it, and the car was sold for scrap without our receiving any notice regarding it, not that it matters much)

2 years after the accident/hospital stay we **still haven't received any sort of bill for the hospital stay**. My girlfriend remembers filling out some sort of emergency healthcare forms that may have covered the damage (but if they did, they never informed us about it...).

At the end of the day, my GF is pretty discouraged about the whole thing, especially with how lawyers have reacted and just with how everything has gone. She doesn't seem to have any lasting repercussions (other than she's now driving my second car full time).

I a little surprised at how P1 is able to blow a red light and destroy my GFs car and send her to the hospital, not have any insurance coverage, and ostensibly get away without any repercussions.

So, in short, my question is that given what's gone on, **is there anything that we can do that would actually result in anything fruitful?** Maybe small claims to try and at least get a judgment about having had the car destroyed? It's not like it was worth terribly much in the shape it was in, but, you know, that's not really a reason to get away with it...

To answer some common questions:

* GF had no uninsured coverage and only liability insurance
* I have a police report that states with multiple witness testimonies that P1 ran a red light and hit my GF
* police report indicates that P1 was in violation of ABC123 "Red Light Violation" but *was not cited*
* GF was seen by multiple specialists and had at least 2 noninvasive scans performed during her stay, including an x-ray of her hip and some form of imaging in her head. For a time the doctors were considering hip surgery, and were concerned with bleeding in her brain. Based on this I had estimates of the cost of her stay between 30k and 100k, depending on how involved specialists were in that analysis.
* No attorney hired. All attorneys we've spoken to have said that the case would not be worth the fees. (Wouldn't mind paying a fee to talk over the case if someone can recommend a reputable attorney...)

The issue of statute of limitations has come up. Per my reading of the CA CODE OF CIVIL PROCEDURE regarding THE TIME OF COMMENCING ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY,

>§343. An action for relief not hereinbefore provided for must be commenced within four years after the cause of action shall have accrued.

or

>§335.  The periods prescribed for the commencement of actions other
than for the recovery of real property, are as follows:

>§338.  Within three years:

>(c) (1) An action for taking, detaining, or injuring goods or chattels, including actions for the specific recovery of personal property.

Are the most relevant texts and indicate 4 or 3 years respectively. I'm by no means an expert and am open to contradiction.

I'll edit with more details if necessary, but given the wall of text I sort of doubt that.

Thanks in advance for any advice you can give!

Answer:
 OP- It sounds like your GF needs to speak to a personal injury attorney. Has she done so? Your narrative makes a few references to lawyers, but it doesn't make it clear if your GF has one or notAnswer #2: First: Insurance agancies have 40 days to subrogate a claim, months are unacceptable.
Second: If worse comes to worse and that's about where your at then sue the other driver personally, even if youbhave to go to small claims court its better than nothing.
Third: Why haven't you explored California's uninsured motorist laws? On a personal note my B.F. was hit by a kid with no insurance, my B.F.s insurance agent used that set of laws since the car of the other driver had insurance in the past. I know it sounds weird but that's what he did and it ended well for us. Answer #3: It has been over 2 years, so unless you have filed a lawsuit before then, you may be out of luck. The statute of limitation for personal injury in California is 2 years.


Title: My friend stole his parents truck...

Question:
Not sure if this is the right place to ask this but...
Last night, my friend (16, not living at home) didn’t have anywhere to sleep so he decided to steal his parents truck. He drove a few blocks away and parked it to sleep in the cab. He also only has a learners permit. He was planning on returning it before they woke up, but he overslept and didn’t wake up until about 10:00 AM. His parents are probably assuming that he took it. What should he do now?

Answer: Bringing it back would be a solid place to start. I assume the relationship with his parents is less than ideal?


Title: Labor Law Q: Can I reprimand after viewing booze in employees car?

Question: I saw a 24 pack in his van trunk in plain view on our parking lot. We do not have a vehicle search clause in our drug and alcohol policy. Is just seeing the 24 pack in his van on the outside an allowed pretense for an alcohol test? Or is it not legal to view from the outside into his car on my property?

Answer: You didn't provide your location, but do you have any reason to believe the employee was drinking on the job? Was the 24 pack open? Who owns the van? It's kind of a d-bag move in my opinion to give a guy a hard time just because he had an unopened case of beer. Now if it's opened and there are empties all over the place that's something else.


Title: My paycheck does not list the accurate amount of hours I worked. I worked 21 hours and I kept track, but the check says 14. I'm making way less than I should be. What should I do?

Question:
I just picked up my paycheck and I was supposed to make $180. Instead I ended up making $110. I am very confused and frustrated right now because I know exactly how many hours I worked and I have no idea where to go. Should I let my manager know? Or just call the bank? What do I do? I'm located in central Missouri.

EDIT: problem fixed

Answer:
 The bank cannot help.

Talk with your manager about the discrepancy.  You have to be paid for hours worked.

If your manager or HR refuses to fix this, contact your state's department of labor; they can get you paid and can fine the employer.  Do expect to be retaliated against if you do this; you will probably be fired on some pretext.  You should probably be looking for another job if you do find out they did this on purpose; they will keep abusing you if they've done it in the past.
Answer #2: Talk to your manager, payroll, or whichever group is responsible for maintaining the official record of your hours worked and address the difference with them.

The bank won't be able to do anything for you here.Answer #3: Does the check stub say 14 hours? Or does the check for about 14 hours worth of money ? This is an important distinction. If it the first, talk to your manager. If it is the latter, are you taking payroll deductions into account (taxes, etc)?


Title: [TX] My Ex, a Pedophile who was never prosecuted, is going to be a teacher at my daughter's new school. What are my options?

Answer: This screams fake. Sorry but I found myself laughing at bits.


Title: [UK] Can my employer force me to use my personal phone to take out-of-hours work calls?

Question:
I work in the dispatch department of a small manufacturing company - by dispatch department, I mean it's me and one other guy arranging transport, loading stock, dealing with transport issues etc 08:00-17:30.

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Because there are only two of us working the same shift, and our products are collected/delivered 24 hours, I've been made to give my personal phone number to the transport companies we use so they can call me outside of my shift to deal with any transport-related issues that come up while I'm not at work. The problem is that this can be at any hour of the day - including while I'm trying to sleep at 2AM on a Saturday night. I've also been made to link my work Outlook account to my phone and to regularly check for emails in my own time.

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The callout policy works on a bi-weekly rotation between me and the other guy - when it's "my week" the policy states that my phone must ALWAYS be on, and never on silent. It states that I'm not allowed to consume alcohol, drugs or MEDICATION (yeah really) that could impact my ability to respond to work problems. This is all during my own time.

Is this legal? The company refuses to provide work phones. Am I within my rights to refuse to deal with anything outside of my contracted working hours if I'm having to do it with my own phone? If they do end up providing a work phone, am I still within my legal rights to refuse to deal with calls at stupid times of the morning?

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TL;DR: My company is waking me up every night with work calls to my personal phone, can I make it stop?

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Answer: r/legaladviceUK might be more helpfull.


Title: Cops let street racing happen

Question: As the title says, I moved into a really nice apartment on the quiet west side of a small city in the U.S. but what I didn’t know was that every Friday and Saturday night the city allows a bunch of street racers to come to my side of downtown and literally take over. They fill the empty parking spots of all the businesses because they are closed and line the streets. They then street race on the 2 streets around my apartment. I am paying a lot for this place and yet the police does nothing about this giant party that happens every weekend. I’ve nearly gotten in several accidents due to them driving like asshats and I’ve had it with the fact that I have to go to the other side of downtown or leave all together on the weekends to get away from the noise. It smells like burnt tires.... I literally call police all the time about it and have met with them but they say they’re doing all they can which is total B.S....I’m literally just waiting to be assaulted or something while walking by these people and don’t know what to do

Answer: Keep in mind that on a busy weekend night, police are quite often busy responding to active calls and higher priority calls. It may seem they’re blowing you off but that may not necessarily be the case.


Title: Paying Support, Ex Has Large Trust Fund

Question: [deleted]

Answer:
 > The trust can be used to evade taxes - ie, the "trust" buys things solely for the use of my ex.

Yes, this is the point of good estate planning.

If her parents are alive, then her inheritance is unknown, it is just someone else's money.


Title: (MS) Is it illegal to neuter my neighbor's cats?

Question:
Mississippi here. I have a crappy neighbor who doesn't take good care of their animals. All of their cats are intact (not spayed/neutered) and they let them roam the neighborhood freely. The mother cat is just over a year old and she is already on her 3rd litter. I'm not sure if the neighbor sells the kittens or if they die in kittenhood or what, but there is only 1 kitten remaining- a young tom who is beginning to be very active in the neighborhood. I feed and care for both cats and would love to get them fixed. I'm okay with paying for it, but what are the legal repercussions to spaying/neutering cats that I don't own? What are my options here?

Note: My neighbors are trashy in other ways too so I don't want to mention this to them. I'm hoping they wouldn't think it was me to get them fixed as we live on a busy street.

Answer:
 My mother had a next door neighbor who was doing the same thing. She went over and spoke to them, and asked if it would be alright for her to get the cat fixed. She stressed that it wouldn't cost them anything and that she'd transport the cat to and from. They were fine with it.

Unless you have some kind of bad blood between you, I would talk to them first, but that's just me. Answer #2: Call animal controlAnswer #3: It depends on if the cat is actually considered feral. In Mississippi, that means "any domestic animal, which has escaped for a substantial period of time from the care of an owner or custodian and is existing in a wild state." Feral cats may be managed under a city-sanctioned program that provides health checks and spay and neuter services for these animals.

Call animal control. Your neighbors may not be taking proper care of their animals but I highly advise against you taking them in for care when establishing an owner/ferality for the cats is up in the air.


Title: Saw people on Periscope in a self-described "trap-house" flashing guns. [IL / unknown]

Question: Was a scenario where most likely this wasn't a legal gun.  This is not anyone I know.  I was flipping through.  I have a screen shot that is very clear of the gun and the person holding it.    I don't know why I didn't realize how brazen people are with guns.  They were definitely the US, probably somewhere Midwestern based on the accents, but that's a hunch.  Does anyone care about this? Are citizens supposed to report this behavior or ignore it?

Answer:
 BREAKING NEWS: Wanna be thugs act hard on the internet. Film at 11. Answer #2: Why do you think his gun is illegal? In most of the United States, guns are easy for people with no criminal record to purchase legally, and they can do (almost) whatever they want with them in their homes, including show them off. If they weren't allowed to show off their guns, /r/guns wouldn't exist.

>Are citizens supposed to report this behavior or ignore it?

What *behavior?* Are you literally clutching your pearls right now? Hell, the guy's got good trigger safety.


Title: [North Caolina] My parents are threatening to call the police and say that I slashed the tires on their cars.

Question: I have done no such thing, but I have no witnesses. The family I live with have been at the beach since yesterday, and the only people to see me today saw me early in the morning, with more than enough time to get from here to my parents and back. I even got in a fight via text with my mother last night. If they do this, is there anything I can do?

Answer: It's not up to you to prove you didn't do it. It's up to them to prove you did.


Title: My dad sold off his delivery route to another person, but now they are failing to pay up for it.

Question:
My dad works for FedEx and last year he sold off his route to another contractor. He sold it for a pretty large amount equal to the amount it generated on a yearly basis. Both him and my mother were owners of the business since contractors had to name their own business even though they were still part of FedEx.

Anyways, almost a year ago he sold his route and truck to another contractor and they agreed (only verbally) to a set amount to be paid monthly for a couple years. However, now he has only paid my dad maybe 10% of it and refuses to pay up the rest. My dad tried and tried to contact him and every time the other contractor ignored him. Recently my dad received a cease and desist letter from his lawyer to keep him from contacting him further in hopes of receiving the rest of the money owed.

Now I know no agreement was officially made so I was wondering if there was any recourse to either get the route back or to make him pay up for what he owes. Thanks for any help.

Edit: Forgot location. New Mexico

Answer: He'll probably need to sue this guy to get the rest of the money; hop on Google and look for a contract litigation attorney in your area. Give them a call, tell them you'd like to see if they can help, and explain the situation. If your dad has any emails, texts, or voicemails that corroborate anything, make sure they are saved. I really hope those payments were being made in some traceable form and not in cash...Answer #2: Contact an attorneyAnswer #3: Yeah he was being paid by check once a month maybe for six months at most and then it came to a stop. Since our family is sort of short on cash after the whole deal fell through, what would be the most cost effective way to deal with it? Like what kind of lawyer would be best to go to.


Title: AC Unit caused damage to downstairs neighbor's apt. Landlord wants us to pay. (KS)

Question:
Hello, /r/legaladvice.

  A few days back (sept 22) me and my significant other noticed that the window AC unit in our apartment was leaking water onto the ground at a high rate. We immediately put a bucket and plastic down on the ground to keep it from damaging the carpet. The next thing that we did was call our landlord. She told us "I cant worry about this now, as my daughter is having a mental crisis, I will call somebody in the morning". We were told to turn the ac unit off once the temperature outside had cooled down. We turned the unit off entirely for two days, enduring the heat of our attic apartment during a hot Kansas summer. The water continued to drain out of the unit at a consistent rate, regardless of whether or not the unit was turned on or off. The heat eventually became to much yesterday (sept 25) and we fell back onto what the landlord had suggested what to do initially. (leaving it on until outside temp cooled down) as leaving it off was making no apparent difference in the rate of water draining from the unit.

Today (sept 26) we were finally gotten ahold of by the AC repair technician that our landlord was supposed to call. Apparently the apartment below ours had their ceiling incur damage as a result of the draining unit in our apartment. Our landlord seemingly did not make a real effort to help us resolve the situation that we treated as an emergency. We have done everything we can to get this issue taken care of quickly, specifically to avoid damage to the property.  She sent an email to my significant other stating that " [landlord] will pay for the damages to our apartment because they were caused by the faulty ac unit [they] provided us with. however they are holding us responsible for the damages to the ceiling downstairs due to us not turning off the ac unit like they had asked." The unit was draining water while it was off, there was nothing more that we could have done.

I do not feel obligated to pay for these damages, should I be? If I am, please help me understand why I am wrong.

Thank you.

Answer:
 Landlords shouldn't be allowed to buy guns. All summer they've just been shooting themselves in the foot.Answer #2: In writing, simple tell her that you turned off the AC as instructed, you are not an AC technician so do not have the skills to stop the AC unit from leaking even when is if off, AND since she has sent you an email admitting the AC unit was faulty, she should contact her insurance to cover the repairs to both units, thank you and have a nice day.Answer #3: IANAL, so this advice will be very limited. Try to limit talking to the landlord to written, and pay your lease on time, without paying any additional fees.

Kansas says for a/c repairs they have 5 days after you give written notice to make repairs.

Edit: if you have Renter's Insurance, give them a call. The landlord lying and saying you were told *not* to use it will probably be the fulcrum that will decide who's going to pay.


Title: Surprise baby

Question: [deleted]

Answer:
 Alimony is for ex-spouses, not co-parents. He's going to be paying child support, though.

As the supposed father, he has a right to establish paternity (usually via a DNA test; the courts can order one if the mother interferes). If he is the father, then:

* he has a right to seek access to his child, and
* he has a responsibility to help raise his child, through some combination of parenting and child support.

He and the mother should sit down, ideally with their respective lawyers, and reach an agreement about custody and support. They should then go to court to turn that agreement into a court order, to protect each of them and to protect their child.


Title: [US] Flying From Japan with $10,000 in Clothes

Question: I'm planning on going to Tokyo, Japan to buy around $10,000 worth of clothing (in particular Bape, Comme Des Garçons, and Undercover) to take back to the United States in May of 2018. The reason I'm doing this is because many Japanese brands are 20-40% less in Japan than they are in the United States, and I'm wanting to stock up these particular brands. I'm planning on selling many of these shirts when I'm back into the United States to pay for the trip, however I'm not selling all of them, I'm planning on keeping a fair amount for me, family, and friends. However, I'm aware that you aren't meant to bring back over $800 worth of goods from a foreign country. What would be the consequence, fine, or cost for bringing around $10k of clothing back with me, or is there any way to get around this? Thank you for any help! :)

Answer: Just declare them at [customs](https://help.cbp.gov/app/answers/detail/a_id/1239/~/what-must-be-declared-when-entering-the-u.s.)


Title: What is the legal ramifications for selling nudes of other people without explicit permission from them

Question: Wondering is it legal to sell nude photos or videos that aren't yours but have been posted on public forums/apps if they didn't show the face of the person or identify them in any way. (I'm living in the UK)

Answer:
 Any photo or video is "owned" by the person that took it unless otherwise specified.

If you just found it online, you 100% do not have the rights to sell it.

Also, /r/LegalAdviceUK Answer #2: No, dude, you can't sell pics from /r/gonewild to porn sites or use them to catfish men for financial gain without the original "model" and/or photographer's permission.


Title: [Austin, TX] Signed long lease with old landlady, new landlord says won't honor it.

Question:
About 2 years ago I started renting a house. My landlady was an elderly woman, and she said she was just glad someone was in the house that wouldn't ruin the place. Since I'm a college student, and the house is close to school, she agreed to sign a long lease with me for 5 years. I got an amazing price, my rent is about $300 lower than my neighbors, and the lease specifically states that rent can only go up at most 10% per year, with 60 day notice, and starting on July 1 (the month I signed the lease). Its an amazing deal obeviously. My old landlady never once raised my rent, and even took money off a few times for repairs I made.

A couple months ago she died and the house was sold to a new landlord. I met him once, he gave me his information, and that was it. On Monday I got a letter from him saying that he was coming by to check the house next week, and that he was not going to honor the long lease. It was not a formal letter, not from a lawyer or anything. He accused me of scamming a old woman, said he would be raising the rent within 30 days based on his evaluation of the house, and that I had to sign a new yearly lease. I tried calling him twice this week, but I only get voicemail and he hasn't called me back.

Obviously I don't want any of this. And I don't want to move since that would cost more and I couldn't find anything so close to campus at a decent price.

Can he do that? Just void my lease and make me sign a new one? We didn't have the old lease signed by a lawyer or real estate agent, but we did get it notorized when I signed it. I'm sorry if this seems silly, I've never rented from a person before just big apartment complexes so I don't know if things are different with individuals.

Thanks for the help!

Answer:
 You say you are a student. Most universities, if they have a law school, provide help to their students especially in landlord tenant. I recommend you give them a call. They may be able to help with this issue.Answer #2: If you have a copy of your lease with the prior owner, tell your new landlord to go pound sand, but be aware that they will likely look for *any* excuse to terminate your tenancy/evict. Texas requires new owners to honor existing leases.

That said, you may want to examine the lease to see if it has a provision to allow the landlord to adjust the rent. If so, he may jack up your rent legally in order to get you out.Answer #3: Remember to catalog your possessions in case he does a DIY eviction.  Frustrated landlords have been known to do so, otherwise follow the above posters.Answer #4: Keep copies of the letter from the new landlord, the old lease, and other proof of residence (e.g., mail addressed to you from utility companies, banks, etc.) at a separate location or online in Dropbox.

If your landlord later attempts to evict you later under some other pretense, the letter will serve as evidence of constructive eviction.Answer #5: Do NOT sign anything the landlord gives you at all. He must honor your original lease that was in place when he purchased the house. Keep your copy of the lease somewhere safe (not in the house if possible).


Title: Making an LLC and dont know weather to be a Single Member LLC or not

Question:
As stated in the title i am making a LLC in Indianapolis, Indiana (US).
I'm currently stuck with weather or not to make my company Single member single member or not. I plan on this being a film production and ETC. type company so i would want to hire people in the future. all of the info i have found online has been very complicated and was wanting some more professional advice on this matter. thank you very much.

Answer: Members are the owners. If there is only one owner, it's a single member LLC. If there is more than one owner, it's a multi member LLC.


Title: Is it legal to snore in my own home? And what should I do about the neighbor who keeps waking me up, so I stop snoring?

Question:
I have lived and snored in my condo for almost 7 years now (never any complaints from former occupants). I snore, and I know it can be loud. New guy moved in upstairs recently. He has banged on the floor of his apartment to purposely wake me up. He has done this 3 different nights 4 times total over the last month.  I have offered him ear plugs and a white noise machine at my expense, he declined, he doesn't feel he should do anything since I make the noise. I have added foam to my bedroom to dampen the noise. I have changes some personal things to help calm the snoring.
I have email him and demanded he stops his banging. He has replied he won't until I stop snoring. In my reply I told him that I think his actions fall into the legal definition of harassment.
So a few legal questions..
1)What do I need to do to prove harassment? Would you suggest some other legal method?
2) Am I in the right? The law has an exemption for "The unamplified human voice"; and I would need to cause 50 decibels in his apartment even if that was not the case. I doubt if I hit that but I have no way to prove that.

Other info
It's a small 3 unit building, I am current condo president.
I know snoring is a health issue I need to fix, but I will do so for my health, not his comfort.

Thanks

Answer:
 Hey buddy,

Loud snoring can be a major issue. Could be leaving to heart failure (your heart is working overtime to get air) or sign of blood clots. If its so loud and regularly a guy can hear it through walls, get that checked sir o madam.  Happen to me. Nearly died. Dying is not good. Answer #2: From someone with a neighbor that snores so loudly it wakes me and my guests up in the middle of the night, you're being just as rude as he is. They have masks that stop severe snoring and you should invest in one, since it's you making the noise. By refusing to do so, knowing that your snoring awakens your neighbor, you are doing the equivalent of banging on his floor. Why would it be his responsibility to work around your loud snoring at night, instead of your responsibility to stop it? Answer #3: If you don't see a problem with you waking him up why is it a problem if he wakes you up? Get your snoring fixed. For one its a health issue. You'll sleep a lot better. Second you'll sleep better because he will stop waking you upAnswer #4: Oh, oh—perfect [Coase theorem](http://en.wikipedia.org/wiki/Coase_theorem) problem! Answer: you should pay your neighbor money for his inconvenience and your convince, so you can snore and he'll stop banging on the floor.Answer #5: Consider getting a sleep study, getting the severity of your obstructive sleep apnea quantified, and getting definitive treatment (e.g. CPAP). It could save your life and make your neighbor happy. Win win. IANAL, just a physician.Answer #6: I would hate to live about you and would bang on the floor too if it shut you up.  Go see a doctor, snoring that loud cannot be healthy.