Title: [CA] Employee or contractors? Curious what /r/legaladvice's opinion.

Question:
https://www.scribd.com/doc/309867466/Shaw-Et-Al-v-Wizards-of-the-Coast-LLC - the lawsuit in question.

Here's how it works. Wizards of the Coast (WOTC) created a card game called Magic: The Gathering. Lots of small stores (TO's) all over the world host tournaments. There's something called a judge program, where people who really know the rules and how to run tournaments. WOTC mandates that TO's hire judges to run their tournaments, and that a tournament isn't valid without a judge. These tournaments all build up to a large "pro tour" event run by WOTC directly, where they hire judges directly. TO's hire and pay judges directly.

The twist comes in where WOTC is able to control who is and isn't a judge, and can arbitrarily pull a judge's certification.

A lawyer, not involved with the case but involved in the judge community, weighed in at one point with the following:

"So about four months ago I was actually talking to one of these people as a potential "perfect plaintiff."  I haven't read the complaint yet because it's not publicly filed, but I'm willing to bet money that it's a Fair Labor Standards Act claim.

The gist is pretty simple: you can't be a volunteer for a for-profit enterprise.  It's illegal.  That's an important part of enforcing minimum wage laws.  Otherwise any company could simply have a "volunteer workforce" and pay whatever they wanted.

WOTC's relationship to the judge program is and always has been a mess.  They mandate that TOs hire them but don't set pay levels.  WOTC used to give a form of alternative compensation with a secondary market value, and still do in a more limited form as an incentive.  WOTC sets the standards and terms of future participation in the program and can "fire" a judge.  WOTC does put some Level 3s and higher on the payroll and has them actively manage the rest of the judging community.  Despite all of that, they claim the judges are volunteers with no legal relationship to WOTC.

That's probably not going to fly.

If I had to guess I'd say that the tipping point was when WOTC pissed a lot of people off by suspending judges who had a very peripheral role in the leaks of cards from Oath of the Gatewatch.  They used their power to exercise control over those judges, which is a smoking gun on the employer/employee relationship. And when you're relying on people having goodwill towards you in order to not enforce their legal rights, pissing them off is a very unwise move."

I'm somewhat curious because I'm being named in the class. I was wondering if anyone else had thoughts/opinions?

Answer:
 INAL and I didn't read the complaint, but it's my understanding that:

Well as a private business WOTC can do whatever they want when they provide a "certification" such as someone being a "judge" of MTCG tournaments. I'm assuming that these judges are not being paid nor are they somehow obligated to work events unless they choose to do so, this would be an argument against a employer-employee relationship. Also they're not paid by WOTC, but by the TOs, which would at most indicate a relationship between them and the "judges". Those TO's are only required to use WOTC judges when they want to connect their tournament to the WOTC tournament, which is a requirement the WOTC has every right to make.

As a analogue: The state bar can suspend a lawyer's law license, but still lawyers licensed by the state bar are not their employees. Or another analouge: FIFA can suspend a football (soccer) player and prevent them from playing in FIFA and associated tournaments, still the football player is not their employee. Being a "regulator" doesn't mean that those who are regulated by you are your employees.

So going by what you wrote here alone: There is no case, so I'm sure that you left something out, because lawyers are not in the habit of filing class action lawsuits for entertainment.


Title: [AZ/WA] Husband and I paid an aquaintence's company to film our wedding, and a year later hasn't delivered.

Question:
Last July my husband and I got married; someone he worked with also had a filming/photography company, who we hired to film the wedding and edit/create the video. After several months of not contacting us, I reached out to ask about the video. He said that it was almost done, and that he would keep me posted. He then had a baby, so two months later I kindly reached out again, remarking that I know kids can be crazy, and if he had had time to work on the video. He claimed to have sent me an email about it, which I never received, and said he would send it again. Still no email. A few days later, I got another message from him apologizing and offering to do a photo shoot free of charge, but nothing more about the state of the video. We got very busy with life and are now about to move to Washington (currently in AZ) when I realized we still hadn't heard back from him. I've been trying to get in touch with him with no responses.

Basically I just want to know what my next act should be. We paid all the money upfront ($400) and I still have the check imprint slip. Should I look into hiring a lawyer, and how will it work with him being in AZ and us being in WA?

Answer:
 You could give him a deadline, or have a lawyer write a letter and give him one, or check your contract to see if there already is one. Then, your best option is small claims court for the price you paid for the video. Unfortunately you can't legally force him to deliver the video, just the money, so it's a toss up as to whether he'd rather go to court and pay you, or just give you the video immediately. However it's possible he lost it and that's why you haven't gotten it. Answer #2: FWIW, the going rate for an edited wedding video is several thousand.

You could just ask for the raw unedited video and call it day. Later if you want to spend more money, hire someone else - more responsible - to edit it. But in the meantime at least you'll have the footage to enjoy.


Title: Legality of a non endangered animal skull on a car in Georgia US?

Question:
I'm making a mad max-esque show vehicle (road titled and driven in GA). Wanted to check the legality of mounting animal skulls purchased through a vendor they have some certification of legal acquisition. Skulls in question would be cow and bongo (Taurotragus oryx, native to africa), both of which have a least concern conservation status (lowest possible).
Topic:
Traffic and Parking

Answer: Imma need to see an MS Paint diagram of your plans.Answer #2: If it's not legal in Georgia of all places, what is 'MURICA coming to?


Title: Car accident. Insurance won't play ball.

Question:
Hello everyone. This is the rundown of the situation. I do not have any experience working with car insurance companies before so I would like you're advice.

*I was involved in a car accident. At the time of the accident the other driver could not produce insurance documentation for the police so I filed a claim under State Farm (my insurance provider)

*My car went to the shop and was repaired for total of $10,550. I paid a $500 deductible.

*The other driver has now produced insurance documentation. State Farm works with Geico.

*I am found 0% at fault. Other driver at 100% fault. Both by State Farm and Geico.

*Geico says their driver is only insured for up to $10,000.

*State Farm wants me to sign the Geico release form for $10,000. Meaning I would not get a refund for my deductible.

What are my options? The repairs cost $10,550. Is the driver responsible for the rest of $550? How do I approach this?

Basically State Farm is refusing to help me with this because it is cheaper for them not to pursue the other driver for the remaining money.

Answer: What state are you in? Most states are what we call "dollar one" meaning the first money that your insurer gets back must go to you to reimburse your deductible. Did you clarify with State Farm that they won't be reimbursing the deductible to you?


Title: What does "maintaining a common nuisance" really mean? (IN)

Question:
Hi all! I live in IN and a friend (25/m) of mine (we haven't really been close lately, but used to be good friends) was arrested after a long investigation, which culminated in police and SWAT raiding his house. He was charged with a multitude of things, most notably selling synthetic marijuana, along with having other drugs and needles in his room.

What bothered me though, is that they arrested his 63-year-old father for having a small amount of weed and "maintaining a common nuisance". It just upsets me because his dad is retired and super nice, and it sucks they had to bother him for the tiny amount of weed he smokes occasionally. But my main question is, what is maintaining a common nuisance?

I looked up the definition but from what I can tell, it's because his father owned the house that his son used drugs in? I know that my friend didn't sell out of the house, and that his dad had no idea he was selling or using drugs. I know you might say that his father should have known, but most of the things the cops found (big bags of synthetic weed, weed pipes, other drugs like cocaine, needles) were in my friend's safe in his room. Can they really argue that his father knew about this and charge him? I don't think there's any way they can prove it, and his son will definitely confirm that his father wasn't aware.

Thanks!

Answer:
 They didn't bother him for having a small amount of marijuana (which is actually illegal in Indiana). They bothered him because his idiot kid is running a drug operation out of his father's house and is pissing off all of the neighbors. The prosecutor charged everything possible because it encourages a plea, amps the odds of seizing the house, and helps restore the neighborhood to normal.

Maintaining a common nuisance could be a number of things but maintaining a drug den or a house where drugs are known to be used and sold certainly fall under that standard. Yes, they can charge him and almost no one will believe the kid.


Title: Wife fired from job because of a back injury...

Question:
Okay so to start this off my wife has been between jobs the last few months and has finally found a place she likes. She's been there for almost a month now and last week she injured her back at home. She has had some back issues for quite some time and has been going to a chiropractor at least three times a month.

The night she injured her back she could barely stand up and move around so she had to call in the next morning so that she could get to the doctor and see if they could help in any way. They didn't seem to have any problem with that, they just said "Okay, just keep us updated". The doctor got her signed up for Physical Therapy so she can go there three times a week to get her back to normal. She got notes from both of them saying that she was there and what the doctor was recommending.

Cut to today she finishes her eight hour shift and as she's leaving her boss calls her in to his office to talk. He said "I don't know what to do, you called in the other day, you had to leave early the other day too. We're going to have to let you go." Leaving her in complete shock because of how good she works.

Is this even legal? can they just fire you from a full time position with no notice? Thanks to anyone that can help. Anything will be greatly appreciated.

Answer:
 She hasn't been there long enough to qualify for FMLA, which would protect her job. Even if her back problems were a result of a disability, being able to miss work/leaving early twice in one week isn't going to fall under reasonable accommodations, nor is being able to go to physical therapy 3 times a week (and assuming missing some work to do that).

So unless you live in a state that has protected sick leave after one month of employment or she's got an employment contract/is in a union outlining when they can fire her, she's got nothing protecting her job as she's employed at-will.

As someone who has degenerative disc disease, I (literally) feel her pain, but there's nothing here.


Title: Landlord sold our condo, wants us out in two months.

Question: So there are five of us all on the lease (college town), who have been renting from this person for a year and a half now. We signed a year long contract and then did a renewal last October to extend our stay for one year (ending 10/31/17). We've interacted directly a few times but all the paperwork is through a property management company. Of course, he waited until we had sent in our check for the month of February before having us served with a notice, but we're wondering whether we're obligated to honor the contract by continuing to pay rent if it seems as though he's not fulfilling his obligations. Can anybody familiar with California law offer advice on whether we need to be paying rent and what our rights are in regard to getting back our initial deposit?

Answer:
 Unless your lease contains language otherwise he cannot terminate your lease just because he is selling. So just keep paying rent and don't move out.

If you stop paying rent then you will make it easy for him to just evict you.


Title: Louisiana - Landlord is deducting normal wear & tear costs from deposit

Question:
I'm a Canadian who rented out an apartment for a year in the US (Louisiana). Consequently, I don't have much familiarity with tenant protections in the US; I just know there are far fewer protections, and it's dependent on state.

I was floored to see how many deposits & extra amounts of money the landlord was able to request, and when we moved out, he refused to provide us with anything in writing that we'd paid up on time, or given proper notice, etc.

Now, he has ~$2000 USD of my money that he has yet to return, over 60 days after we've moved out. My partner called him to follow up, and he's claiming he needs to calculate deductions because there was some minor painting they needed to do.

We did a walkthrough with him once everything was out of the apartment, and he never said a word. In my opinion, the apartment was in the same condition we got it in. In Canada, this kind of deduction would never fly - it falls under normal wear & tear of a home. There was no damage to the place, and it was entirely livable when we left. We even cleaned the floors, oven, and left an upgraded showerhead & microwave behind for the next tenant.

Is this really a normal thing to deduct from a security deposit, and a normal amount of time to withhold the reimbursement in Louisiana? If not, can someone share some links indicating that he cannot withhold these deductions for simple touch-ups?

Thanks!

**tl dr;** Previous landlord is still withholding the security deposit for more than 60 days now, and will be deducting costs for re-painting minor touch-ups. What are my options?
Topic:
Landlord Tenant Housing

Answer:
 >My partner called him to follow up, and he's claiming he needs to calculate deductions because there was some minor painting they needed to do.

LL fucked up here. Security deposits in LA must be returned within 30 days of moving out (postmarked date).

Send him a certified letter that he's passed the period of time allowed by LA law to request more or send you a statement of itemized deductions and that you request your SD + $200 (that's the penalty in LA) or you'll be suing him in small claims court.


Title: Emailed copy of demand letter and person responded. Do I still need to certified mail a copy? (iN, USA)

Question:
Edit: Indiana, UsA

Tl;Dr I am filing a small claims against a client. He responded via the emailed copy I sent him, do I still need to certified mail him a copy?

Answer: It costs you relatively little to do it, and then he can't argue someone else responded with his email.  Also, I'm not sure about jurisdictional requirements, but if a demand letter is required as a prerequisite to suit then it likely must be sent by certified mail. Service rules are weird and finicky.


Title: Can i be forced to attend highschool as an 18 year old in California?

Question: I was intending on dropping ou at 18 and evenytually getting my GED or something, when i turn 18. My councilor told me i cannot legally drop since i am not emancipated from my parents. What can i do to gain control of my education? What rights do i have?

Answer:
 > "Dropping out of high school was the best decision I ever made.  I attribute all my wealth to that single decision."

-No one ever.Answer #2: Seriously considering staying to graduation. The GED is really not a great option. I am working with a youngling who is going through the process of converting her GED into a HS diploma because she is finding out that her employment options are quite limited with a GED.

From https://www.cde.ca.gov/ls/ai/sb/ :

> California compulsory education law requires everyone between the ages of six and eighteen years of age to attend school, except sixteen- and seventeen-year-olds who have graduated from high school or passed the California High School Proficiency Exam (CHSPE) and obtained parental permission to leave.

Your school is correct.


Title: Health Insurance company trying to retroactively charge my son after he got insurance?

Question:
So my wife gave birth to my son and he had to stay in the NICU a few days. During this time my son was under my wife's insurance so the maximum out of pocket for my wife of 4000 was met and no other charges was made. The Insurance had covered the NICU bill and it said my wife owed 0$.

  Fast forward 30 days, i sign up for insurance for my son, and now UHC wants to charge my son 4000 for the NICU. Is this legal? They are trying to charge my son for the maximum deductible even though his NICU stay was in the past while he was under mom's insurance?

How should i go about fighting this???

Answer:
 Depends on where you live and several other factors like where your employer is headquartered, if this was an existing policy, who's birthday falls earlier in the year you or your wifes, etc

If you recived a bill for specific charges from your insurance that should mean they have claims on file from the providers.  You need to call your insurance and ask them what's going on.


Title: Would it be legal for me to order a pizza delivery and open up the door naked so long as I don't leave my house, and maybe start up a conversation with the delivery boy/girl if they "like what they see?"

Question: Isn't it not streaking if you don't step out of your home?

Answer: No. It's sexual harassment and indecent exposure.


Title: Is previous Legal Sex Work grounds for termination at a new job?

Question:
Hello Lawyers of Reddit. My Roommate is facing possible job termination because of her past. She and her boyfriend had made several Adult Videos and posted them online, legally. Now, her coworker had found these videos and she asked him not to share this information. He decided to share it with another previous employee, who in turn, shared it with the rest of the current staff.

The current staff has filed several complaints that she is causing a "hostile work environment". She is now placed on mandatory leave of absence. She has been crying and is extremely distraught over the situation.  Her coworkers and boss have made her feel ashamed and has had her reputation ruined. (her words)

I am refraining from naming the Company, but will say that this company sells MANY adult products, from wearable adult content, sex toys, and content that includes adult nudity.  It is a very "sex-forward" company in a sense.

The official reason of her leave of absence is "creating a hostile work environment, and creating an uncomfortable work environment for other employees" as per her manager.

I feel like she is victim in this situation, Am I wrong?

&#x200B;

My questions are:

Has her privacy been violated by current and past employees?

Do they have the right to voluntarily view the adult content, and then, accuse her of creating the now "hostile work environment"?

How substantial are their claims, if, during hiring they are required to comply with selling adult toys and adult content?

&#x200B;

Any answers, and elaboration on related issues will be very appreciated. Thank you.

Answer:
 > Has her privacy been violated by current and past employees?

No.  Your friend posted videos publicly; it's not an issue for anyone to discuss that.

Past that, unless your friend has an employment contract specifying otherwise, they can be fired at any time for nearly any reason.  There's nothing illegal about firing somewhere for previously being a porn actor.


Title: (CA) I'm the owner of a grocery store and LP just informed me that an employee of mine has been stealing cash from the register

Question:
Today I talked with the employee in question and gave him the option to admit to how much was stolen or I'll have LP do a more thorough investigation. He initially denied the accusations but eventually said that he was taking just a few bucks a day that added up but I don't believe it at all. LP hired caught him processing fraudulent returns and possibly more. How should I proceed?

&#x200B;

Of course, the employee is now an ex employee.

Answer:
 What you "should" do is up to you.

You already fired him.  You can sue him for the amount of your losses.  You can report him to the police.

Or both or neither.


Title: I hit my girlfriend and she needs medical assistance but she doesn't want me to get in trouble

Question:
My girlfriend and I both go to a university in Minnesota. The university has a very strict relationship abuse policy and any university employee is required to report any signs of abuse to the police.
I have undiagnosed and untreated anger management problems that I never suspected I had until recently. Last night, I got mad and threw a bag of clothes at my girlfriend. The bag contained a hairbrush that I was unaware of that hit her in the head. Her mouth started to bleed and we are now almost certain that she has a concussion.
Because of her concussion, she cannot complete her coursework. We both want her to get medical assistance so that she can receive medical attention and extensions on her coursework. She, however, does not want me to be punished for what I did and we are afraid that if we report the injury to the university, they will investigate and punish me.
Is there any way to get her the help she needs without getting me in trouble?

Thanks.

Edit: I forgot to mention that we are both over 18 and are legal adults.
Topic:
Other Civil Matters

Answer:
 > I have undiagnosed and untreated anger management problems that I never suspected I had until recently.

This is not legally relevant unless your name has an MD after it, and even then you'd still need a professional to diagnose.

>Is there any way to get her the help she needs without getting me in trouble?

Take her to a hospital that isn't part of the university?

I'd see a physiatrist asap also if I were you. Your behavior is unacceptable and you deserve to be in trouble for it. A concussion from a hairbrush? it had to be going pretty fast... almost *unbelievably* fast.Answer #2: Focus on her, not you.  Get her the proper medical treatment ASAP.  Go speak to student counseling asap as well.Answer #3: 'Anger management' is not a valid excuse for being violent.

Answer #4: You need to take her to the hospital/doctor as soon as you can. From there you can either admit fault (i.e you hit her) and deal with the consequences or you can lie and say she fell or something similar. Answer #5: Man up and have her go to the ER. SHE probably "doesn't want to get you in trouble" because she afraid of you. Get a lawyer. Get a diagnosis and begin therapy. Get out of this relationship and stay out of relationships until you are certain you can keep from abusing your SO. Answer #6: Go get her help. If she has any lasting injuries from this assault that goes untreated, which is what this was, an assault, you're not only looking at the original charges, but you're probably going to be facing a lawsuit too.


Title: Bought a house in Texas, someone came by today in attempt to repossess a "rent to own" storage shed.

Question:
My husband and I bought a home in Texas 2.5 years ago. It has a shed out back. Well, today a gentleman with a truck and fifth wheel trailer came to the door asking if we were Mr. "former residents of this house". We state that we are not, so he begins explaining that he's here to collect the storage shed as it was a rent to own in the name of "former resident" who has not been making payments. The debt is around $1,000.  When we purchased the home we were not told of this agreement or debt. We asked him to mail paperwork and gave them our names and phone number. He did not have a business card, and in our shock of the situation we did not obtain a company name, number, address, or get the plate number of the vehicle he was driving. We can now only wait to hear from the company.
Could this possibly be a scam? What can we do to prepare ourselves for when the company calls us about the situation? What are our rights here?

Answer:
 Speak to your title insurer about this.  It could be a scam, it could be legitimate.

If it is legitimate, the insurance might pay the $1k to buy the shed.


Title: Felons owning antique firearms.

Question: So i understand that felons can own antique  firearms "manufactured" before 1898. Hoqever what im not sure about is rather if that means the gun its self was made then or if the design is. Because if a gun is 120 years old its either a rust bucket or worh thousands of dollars. But if its a new weapon such as a colt single action from 1873 but made in 2017 is that ok? Also the ammo does it have to fire a ball and cap or can it fire a premade cartridge? Can you make your own ammo if you follow the methods used before 1898? I live in Nashville Tennessee United States of America.

Answer:
 Replicas of pre-1899 firearms fall outside ATF control IF they follow the exceptions related to ammunition described in 18 USC 91.

A true pre-1899 weapon does not have this ammunition requirement.


Title: Protecting Husband's Interest in the Kids

Question:
I (F) have three kids with my ex husband. One is a teen, but the other two are younger than five. I filed for divorce when I was pregnant with my youngest, and I've been with my fiancé since the baby was a few months old. Now my ex isn't the worst father in the world, but part of the reason that we divorced is because he didn't want to be a dad anymore. His reaction to the final pregnancy was less than stellar (to be fair, we had essentially been told that I would have a slim chance of having more kids) and he tried to abandon the kids multiple times.  I'm proud at how my ex has stepped up to the plate in recent years and has become more responsible. I tell him this all the time.  My fiancé is great with the kids. He is super involved, his judgment is great, he's a scientific-based parenting person (so am I), and the kids genuinely love him.

Here's my dilemma: I know that if something were to happen to me, I would not want my kids to be completely at the mercy of their father. While he is getting better, he still has a long way to go. Their father also has an ego and I'm worried that if something happens to me, he might try to shut my fiancé out of the kids' lives completely.  He's already jokingly mentioned packing the kids up and taking them to live with his parents if I die.  Given that I have a chronic health condition, this is a real fear of mine.  I didn't know if there were any steps I could take to make sure that my husband (well he will be my husband at this point) isn't completely cut out of the kids' lives if something happened to me.
Topic:
Custody Divorce and Family

Answer: You can marry him and have the kids be adopted (which will require your ex’s consent and will terminate child support). Otherwise your soon to be husband is a legal stranger to your children and has no right to be in their lives.


Title: [Mo] Issue with cats damaging cars, apartment complex claims it's not their problem.

Question:
My boyfriend and I have lived at our current apartment complex for a little under 3 months now. We pay well over $800 a month, which includes 2 carports for our cars.

When we first moved in, we noticed a small amount of cats around our complex. I don't have a problem with cats. My parents always owned cats and dogs. My boyfriend isn't a fan of cats, but he doesn't hate them. He just prefers dogs. We noticed them and never had a problem with them. It was usually cold out so there weren't a ton.

About a month after we moved into our complex, I went to our mailbox and a woman came up to me asking if I had noticed a lot of cats in our complex, I thought about it, and there were more than when we first moved in. I assumed since it was warming up, they began coming out more. She said she runs a volunteer service that helps with picking up stray animals, getting them fixed and cleaned up, then tries to find them homes. She said she would try to see if the complex would allow her to do that, and hopefully there would be less cats. I didn't think much of it because we didn't have a problem, so I told her thank you and left it at that.

Now that summer has come a lot there are A LOT more cats around our complex. My boyfriend and I go on nightly walks, and we can count around 20 cats around the complex, sometimes more. They DO NOT look healthy. Although there are some that look like they have owners. But majority look like feral cats. My boyfriend and I have noticed paw marks on our cars, which we have both recently purchased. He owns a newer BMW, I own a newer Volkswagen. So they're not junkie cars. One night I came home, and noticed a cat sitting on my boyfriends car. When I walked up to it, it jumped off and ran off. My boyfriends car had multiple paw marks on it and fresh scratches. Not only that, but I've seen the cats spray on other tenants cars. My boyfriend called the office, and got a hold of a guy who said he has never experienced a problem with this before, but that he would look into it. He called back saying it wasn't their problem. He emailed them in hopes to get a response from someone else, but no one emailed back. This morning, he went to the office and told a woman who usually is very kind and tries to get our problems taken care of, and she literally said "It's out of our control and therefore not our problem".

We have tried everything to get these cats away from our cars. Moth balls, spraying them with water, and my boyfriend is in the process of buying a $200 car cover that BMW sells. My problem with this is these cats are pests. They are homeless, not fixed, constantly having babies, spraying, jumping on our cars and our neighbors cars. We bought carports to protect our cars from the elements. Obviously cats are different, but simply put we bought carports to protect our cars. Not only this, apartment complexes are supposed to take care of pests. Obviously this usually means bugs, but we don't see why cats are an exception. This has been going on for over a month now, and my boyfriend and I both have to get these scratches repaired. They are that bad. Like I said, I don't have a problem with cats. And we haven't had issues with our complex. We're wondering if we have a legal advantage and if they have to take care of this issue. He called two lawyers today and left them messages. We have photos of the damage done to our cars, but none of the cats actually on the cars.

 If you guys can recommend ANYTHING, we would greatly appreciate it. It's driving us crazy, and we've talked to another neighbor who is having an issue with it. Please help!

Answer:
 Feral cat colonies take months and months, and daily effort to control and manage.  Someone has to be there *every day* looking for fertile females, trapping them, and getting them spayed.  It's a constant battle, because after a few misses, a cat becomes "trap smart".  Different techniques and trap mechanisms have to be employed over time.   Just one or two fertile females can undo months of work, since the whole gestation period is only a few months.

Killing or removing cats doesn't work very well -- it just creates space for other cats to move in.  A well-managed colony retains a smaller number of neutered adults who are socialized to each other, which prevents other non-socialized cats from moving in.

The only way this gets done on any large scale is by volunteers like the woman you mentioned.  They remove kittens and find foster homes to acclimate the kittens to human contact.  They sometimes identify adults who are not completely feral (these are usually abandoned or lost pets).

For the remaining animals, that can't be socialized, they have them neutered, cut the tip off of one ear (to mark them as already neutered) and release them back into the community where they were trapped.  It's called "Trap-Neuter-Return".

The ideal is to have a minimum number of neutered, healthy adults.  Healthy adults will keep other strays and ferals (who are likely to be weaker) out.

Your apartment complex can't afford anything like eradication or extermination, nor could they afford to pay for colony management.  Best bet is for them to look up and contact a local rescue organization.

Google "trap neuter return" for more information.

Source: I was a volunteer for a kitten rescue/colony management nonprofit.Answer #2: Cats are not going to qualify legally as pests. Call animal control


Title: What repairs can a garage do without asking for permission of the car is in for MOT and service?

Question:
I posted this question on stack overflow this morning: http://mechanics.stackexchange.com/questions/21528/what-repairs-can-a-garage-do-without-asking-for-permission-if-the-car-is-in-for

"I recently sent my car to the garage for its MOT and service. It's a 1999 Nissan Almera so I wasn't expecting it to pass without some work being done to it.

However, when I got the invoice back it totals to £590. The list of actions taken includes replacing hand-brake cables, replacing rear brake pads and cleaning calipers and removing my drivers seat, welding washers and nuts to the seat base, bolting the seat base back on and refitting the seat. All in addition to the MOT and Service which are listed separately.

The MOT and service and the oils and such one would expect for a service total to about £220, which I am happy with as that's what I sent the car in for, but that still leaves £370 worth of extra work that I was never consulted over or phoned about.

Morally speaking I think it's ridiculous to carry out work this extensive without speaking to the customer, but my question is where I stand in legal terms. Does this fall under unsolicited services, or are they covered because I asked for the service?"

I have yet to pay anything and I do have the car back. Any info you guys can give me would be great!

Answer:
 Was all the work necessary to pass the MOT?

Did you give them permission do do what was necessary to pass the MOT?


Title: Are you allowed to commit a crime that you were jailed for?

Question:
So my colleagues and i have been nutting this one out at work today. Heres the hypothetical;

If you are convicted of murder of a person, lets call him fred, and then it turns out that fred actually faked his own death but you already served the time, can you then murder fred once the truth comes to light?
It sounds like it shouldn't be right, but then we have heard of the 'double jeopardy' law which we with our limited understanding take to mean that you cant be tried twice for the same crime, so surely you cant be convicted for the crime that you've already been convicted for.

Want to help us clear this up?

Answer:
 That's not how double jeopardy works at all. A wrongful conviction doesn't give you the right to perform the crime afterward.Answer #2: A crime isn't a nebulous meta concept, you're not convinced for murdering john doe, think about it this way, lets say you were convicted for murdered a person and you did infect murder the human in question but he was identified as john doe, and you were convicted of murding john doe, but it turns out that in fact the person you murdered was John Doe's identical twin Steve Smith, you couldn't then go kill doe.

a crime is a particular act, which includes at a place at a time which can be/ are important aspects of the crime.

it's not the same crime, double jeopardy applies to facing consequences for the same act twice not the same law be broken Answer #3: I think there actually is a film based on this called Double Jeopardy.


Title: Purchased Pupper Off Craigslist

Question:
Hey guys. Thanks in advance for any helpful hints or pointers.

Anyways I read an ad on Craigslist for a Pomeranian puppy. My girlfriend and I have been looking for one and we agreed with the other party to meet up so we could look at the two dogs they had available.

We picked this girl. https://imgur.com/gallery/I5E3g

Things were great and we decided to purchase her sister. After seeing her we noticed she was a lot less energetic and not playful. She seemed tired and weak. We put it off as fatigue. The original owners also told us that she had just eaten so she wasn't gonna eat anytime soon. Hours later my girlfriend spends a few hours snoozing with both dogs and the second we got is in obvious pain and whimpering. She wasn't even moving. We texted the original owners questioning them about any problems they had had with the second puppy. They have yet to respond to any phone calls or inquiries.

We took our second puppy Daisy to the nearby 24 hour veterinary hospital. They immediately took her in and put her on IV. Her temperature was low and so was her sugar.

After having the on-duty doctor examine the puppy he concluded that the original owners neglected the puppy and that they sold her to us knowing her condition.

Is there anything I can do legally here? Fortunately I do have a way to find out more about the people that sold her to us. I am just seeking some sort of compensation for the hospital care my puppy is receiving.
Topic:
Small Claims Procedure

Answer:
 A dog you bought off of Craigslist?
Not unless you have a written agreement warranting that the dog is healthy.
Did you get a shot record from the dog's previous vet?  That may give your vet somewhere to start.
You need to get the other dog vet checked asap, also.


Title: I recently found out about a 33 y/o man who impregnated a 12 y/a girl 10 years ago & he has never been arrested. Is there anything I can do to make sure this monster is behind bars?

Question:
This is in Arizona, and the man was 23 when he raped this 12 year old.

Since his family came from money and the girl's family were poor, they kept the police from finding out about the father by paying the victim's family out with cash payments every month.

I want this sicko in jail.. is there anything that can be done? His daughter is 10 years old and her mother just turned 23. Is that evidence enough to convict him of a past crime?

Answer:
 > is there anything that can be done?

You can report the matter to the police, if you want.  They may or may not investigate, and if they choose not to there's nothing you can do.

You may want to start by talking to the victim, and asking what she wants.  She's the injured party here.Answer #2: Report it to the police. AZ Rev. Stat. § 13-107 states there is no statute of limitations for "sexual conduct with a minor who is under 15 years of age."

That said, in a perfect world this guy would go to jail; However, with an uncooperative victim (victim and family receiving monthly financial support) and without some pretty good evidence (even if you could show payments monthly, they could be payment for anything) this is a pretty low chance the state would take the case.

That said we have only limited access to information here based on your post. Unless you provide more information for a better response (ie. what evidence you have), my advice is to report it to the police. Give them all the information you have and let them make a determination on an investigation.


Title: [ON] Landlord is telling me to cease using my own portable AC. Is this legal?

Question:
My apartment is a dump that he doesn't want to fix. When I run the AC it has a tendency to blow fuses (my brand new AC is 1000w)

Last night it was 34 degrees in my room.

I am moving soon, but my goal in this is to have some sort of responsibility come down on this guy for the condition of the apartment. He rents to students and just takes advantage of them.

So far(I asked in previous posts) I was steered towards the electrical authority about inspecting this place.
However he's said several times that an electrician had inspected this place, and if the authority is called without any issues you have to pay their inspection fees, which I can't afford.

I'm now going in this other direction, in regards to the reasonable enjoyment of my unit. Particularly, I'd like to say "you asking me to cease using the AC is illegal"

so is it?

damnit bot Ottawa, Ontario Canada

Answer:
 The general rule in layman's terms is that a tenant can install their own air conditioning unit so long as it's not

1. Specifically excluded in the rental agreement; and
2. So long as it doesn't damage the rental unit.

If the consistent blowing of fuses can be argued as damaging the rental unit (and I'm not sure on this one) you would lose.


Title: Rear-ended No injuries. Should I sue?

Question:
SO and baby girl in car. Everyone seems fine. Other driver admitted fault. Her insurance is taking care of repairs, car rental and new baby car seat. What about vehicle depreciation, lost wages, time etc.? Normally wouldn't make a big deal but this bitch was downright rude. Didn't even apologize after hitting us at a red light with my whole family in the car. Thanks.

Edit: In California and thanks for the responses. Seems like it's not worth the trouble. Most obliged Reddits.

Answer:
 What damages do you have that aren't already being paid?

The civil court system is not there to enforce your ideas of politeness.


Title: unpaid working interviews are they legal?

Question: [deleted]

Answer: That depends on what you're doing.  If it's actual work that benefits the company, they'd need to pay you.  What did they have you doing?


Title: My apartment is next to and above an abandoned bar, but it's being renovated and is set to reopen soon. Advice on noise complaints? Kansas

Question: I live in the quietest part of a downtown area in a small-ish town. My apartment is in a warren of apartments above some shops. Right below is a bookstore, and next to that is an old bar that's been abandoned for a long time, one of those places that never manages to stay open for more than 6 months. For the last 7 or 8 months, there have been a string of sketchy-looking guys with hammers very very slowly working on the interior. I've already had words with several of them about the loud music they play when they're mysteriously doing renovation at 1am. It seems like they're coming closer to finishing it and today there was a band in there practicing. I don't know if they're planning to perform there or just rented the space for practice. But they're so loud my floor shakes, and it's shitty country and soft rock covers so it's not even entertainingly loud. Since it's looking more and more like they're actually going to open as a bar and the renovations aren't just a cover for cooking meth (though I still wouldn't be surprised), what can I do as far as noise complaints? I tried to find info online about the noise ordinances as they apply to businesses in my area, but couldn't find anything. Where can I get info on how early and often I can call in noise complaints? Is there anything I can do from a legal standpoint that might force the owner of the bar to install more soundproofing or limit the volume to reasonable hours?

Answer:
 Uhm. You live above a bar. There will be noise. A lot of noise.

You can call the city to ask what their laws are but I doubt a band playing in a bar will violate commercial noise ordinance


Title: Speeding Ticket - Signing Officer didn't observe me speeding

Question: I was written a ticket last week (77 in a 65). The officer signing the ticket didn't see me speeding. A second officer was on the side of the bridge shooting radar and radioed ahead and had me pulled over and cited. Is this legal or should I fight it?

Answer: This happens all the time. The officer who observed you speeding can testify. He doesn't have to be the one to give the ticket. Just like if officer A observes a suspect underage with alcohol, and then officer B shows up, officer B can be told to issue the ticket.


Title: [NJ] Smacked by doctor, glasses broken

Question:
I work for a website design company in NJ and today we had a meeting with a pissed off client who that a two doctor chiropractors office. Long story short for why they are pissed is we promised them a website in 3 months, and we didn't have it ready - the meeting was to come up with a resolution. They asked for a refund (they paid 50% down) and my boss told them no - we had already done significant work and gave them the option of walking away, or letting us finish the site ASAP.

The one chiropractor got really mad about this, and started yelling, so my boss said it's time to go. As we were standing up my bosses shoulder grazed my face and knocked my glasses on the floor. When I went to go pick them up, and had just gotten my hand on them, the mad chiropractor slapped my hand hard, and made my glasses go flying. He ran and picked them up and said "You aren't getting your glasses back until I get my money back." My boss just hooked my arm and said it's time to go. As we were walking out, his partner yelled at him to "Give the kid is glasses back" (I'm 17) and chased me out the door to give them back.

My glasses were pretty messed up - the frames were all  bent from being crushed and there were a few new scratches on the lenses from being smacked across the room. We went right down the street to file a police report - but they were pretty uninterested and said they would file a report, but didn't mention doing anything else.

What is my next step here? They are probably going to be a few hundred dollars for a new pair. From reading on here, I assume having a lawyer write a letter will cost more than a new pair of glasses.

Answer:
 You can write your own letter demanding replacement costs. Find out how much it will cost and send them a copy of the estimate or bill. If they don't pay, sue in small claims.

The issue you have is your story indicates 2 instances where your glasses could have been damaged, when they were knocked off face or when slapped out of hand. A judge will be needed to determine whats more likely and/or what share of damage should be assigned to each act. Answer #2: 1. File a police report for the assault.
2. You can possibly include damages as part of the criminal complaint or can sue them in small claims court. Answer #3: Your boss needs to replace your glasses with company money and then bill the client. You were at work doing your job. This is your company’s problem.

And don’t settle for cheaper glasses, lenses, frames, whatever. Don’t milk it unreasonably either. But, you should be asking your boss about this. Also, when your at the doc getting new glasses, you’re on company time. IANAL


Title: My father was supposed to turn over my model train collection upon my 18th birthday and has made no attempt to do so, need advice.

Question: [deleted]

Answer: You may not have standing to sue your father. Honestly this is a complex question and you should get an hour with an estate attorney.


Title: Is this considered illegal?

Question:
If an underaged girls sends a picture of her butt to someone over the age of 18, will it be considered child pornography?

United States of America

Answer: Depending on the picture, it could *absolutely* be child pornography.


Title: (Ontario) Is my professor unethical

Question:
[deleted]
Topic:
School Related Issues

Answer:
 Are you the same guy in Ontario who has posted about plagiarism issues like 10 times?

Edit: if you want more information on OP's problem, check out [the posts that have Ontario in the title](https://www.reddit.com/r/legaladvice/search?q=Ontario+plagiarism+&restrict_sr=on).


Title: Got caught stealing at Walmart and idk what to do

Question:
So for starters I feel like crap for doing what I did and honestly I would take it back if I could but we know that can’t happen. I went to a neighborhood market Wal-Mart to get groceries and i skip bagged my groceries at the self checkout (scanning one thing, but then putting other non-scanned items in the bag too). I had ever intention of paying for the $100 worth of groceries that I had scanned, but when I tried to pay, I stupidly tried to use the Walmart pay option with my phone and it had my boyfriend’s employee discount card linked up. My card got declined and honestly I didn’t have the money to pay for the groceries that I desperately needed, so I just left the store, groceries in tow. They have footage of me not scanning everything and walking out. They got my info because the screen on the register was still pulled up with my boyfriends discount info on it (I wasn’t aware). They’ve flagged his discount card and I’m waiting to see if they are going to press charges... what can I expect? Like am I going to get arrested or fined? It’s my first offense minus minor traffic tickets that were years ago. I’m almost 23.. will my boyfriend face charges? He just got promoted.. help
Topic:
Criminal Law

Answer:
 You know you can always go to a food bank if you can’t afford groceries. Because of the amount you’ll probably be arrested and fined. Answer #2: You do not have to speak the police. I would advise you not to. Your boyfriend does stand a chance to be charged as well. Expect him to probably lose his job as well. Expect to be banned from the store as well. If what you stole is under $100.00 that is a Class C misdemeanor in Texas. There's no jail time associated with that but you can be fined up to $500.00. If it's over that it moves up to a Class B, which could be up to 180 days in jail and up to $2,000. I'm not sure whether or not these offenses qualify for a public defender but it couldn't hurt to try.

If you need help with food, try the [North Texas Food Bank](https://www.ntfb.org/FoodAssistance). Here is a [directory](https://www.homelessshelterdirectory.org/cgi-bin/id/cityfoodbanks.cgi?city=Dallas&state=TX) of Soup Kitchens, Food Pantries, and Food Banks in the Dallas area. These places will help you get food if you can't afford it. Please use these services instead of resorting to stealing. Stealing is only going to end up landing you in jail or fined and it's going to just keep pushing you further down into poverty. Get help so you can keep helping yourself improve your life.


Title: Quick uncommon child support question

Question:
My husband recently discovered he has an 8 year old son (check my only other post for the details).

If this child was hidden from him until literally a month ago, do we owe back child support to the mother who hid him?

We live in San Antonio, Texas and my husband's son and his mother live on Belleville, Illinois.

Answer:
 That is a very common child support question.

It is highly unlikely back child support will be ordered.


Title: Workplace attire in office, no formal dress code given out, is this discrimination? [MI]

Question:
I work in an office in Michigan, usually late afternoon to late evening hours. I and several coworkers were never given an official employee handbook, and the attire has always been extremely relaxed. People come in wearing tshirts and jeans, my higher ups come in sweat pants and PJs sometimes. Hardly anyone in the office wears anything more than casual attire. Nothing has been said about office attire until yesterday.

Yesterday, I (a female) was wearing shorts (since its been so hot here) and HR called me in and said I cannot wear shorts and that they'd be sending out a dress code email "shortly." No such email has been sent out.

Today, a male coworker is wearing shorts but he has not been called into HR. Double checked with him as well.

Is this discrimination? I know workplaces can require women to wear skirts while men wear slacks, but how can a workplace allow men to wear shorts while women cannot?

Thanks.

Answer:
 "Shorts" can vary a lot in length, and thus appropriateness in an office setting. Were you in Daisy Dukes while he wore khaki capris or something?

More information would help.


Title: Changing public defenders.

Question:
I'll try to keep this short.  This is in Missouri. My friend feels like her public defender is not acting in her best interest.  Basically she thinks the PD is trying to get her to become a Federal informant.

I don't know how much of the following is actually true, but I've known her for 20 years (and we've done drugs together in the past) and while she does have her flaws, I don't think she's as deep into this as they are charging her with.

She got in trouble last year for a small quantity of drugs (paraphernalia in her car).  They somehow got a warrant for her house and found nothing. As they were getting ready to leave, this other guy, who is a known informant, shows up and gave the LE some meth (an 8 ball from what I understand) and told them he just bought it from her.

She gets arrested, can't afford a lawyer, etc.  Meets the PD and they tell her she's being charged for 100 grams and the feds want to charge her for a kilo of meth.  However, they will reduce the charge of she tells them who sells drugs to her.

She's been telling them the other guy isn't trustworthy and made it up and she's not going to "roll" on anyone.  Yesterday she met with the PD again and was told they dropped the other guy's statement, but now a LEO has stated a similar but slightly different account of the events.  The PD is suggesting she pleads guilty to the 100 grams to save herself on the 1000 grams or she will be only charged with paraphernalia if she tells them who sells drugs to her.

She feels like she's being manipulated by the PD and wants someone else, but believes they would also be "in the pocket" of the feds.  Any other attorneys she contacted yesterday want a $10k retainer before they'll talk to her.

Does she have any options or legal recourse for finding someone else to represent her?

Thanks

Answer:
 She can ask the judge for a different PD at her next appearance. Answer #2: > Basically she thinks the PD is trying to get her to become a Federal informant.

That might very well be something that **is** in her best interest when it comes to this criminal case.  She doesn't have to follow the PD's advice if that's not a route she wants to take.  She can just clearly state "I'm not going to be an informant.  What other options are there?"  And then they can go from there.

But she can certainly request that someone else from the PD's office represent her.

But it's very possible she'll get the same advice from another Public Defender or private attorney.  The facts of the case are what they are- her odds of being found not guilty are not likely to substantially change with a new lawyer.

Answer #3:  That is literally what public defenders do. The state has made an offer and they are required to convey the offer to the client. Also the story or you are getting doesn't make sense. An eight ball is 1/8 of an ounce, or 3 1/2 g. You are talking about 300 times that amount. If they are charging her with possession, presumably they actually have the amount she allegedly possessed in the evidence locker.


Title: I have been frauded and i want to know what are my options?

Question: I bought a car from a private party.  They sent me a carfax report in an email and he deleted the part where it lists that the car was in an accident. I took the car to a dealership and they found out that the car is repainted so i ran my own carfax report and it does show that the car was in an accident. The guy changed couple of things in the report to make it look like it was not in an accident. I would like to return the car to the purchaser and get my money back. I know i might be out of luck but what are my options?

Answer:
 Yeah, I don't think the police are going to be of any help.

You either need to file a complaint in small claims court or get a lawyer to sue the guy in your regular civil court. Small claims usually only handles suits for small amounts of money (the limit varies by state) and no lawyers show up in court.

If you go to court you are going to be asking for 'damages.' Basically you made a contract with this guy to buy a car for cash (contracts don't need to be in writing and are fully enforceable if made orally in most cases). So the damages you are looking for are the difference in price from what you paid and what you would have paid if you knew it was in an accident.

You may also be able to get the contract rescinded, as if it never happened. He gets the car back and you get the money.

There may be other options available but I don't know the law of wherever it is that you are. You may also run into the problem of this guy having spent your money already and you not being easily able to collect.

So in short, talk to a lawyer (probably can get a free consultation) or try your luck in small claims court.


Title: [New Jersey] Landlord wants genealogy report before signing lease

Question:
So before signing the lease our landlord wants us to do some kind of Ancestory.com thing where we disclose the results to him before he lets us sign.

So it's not a big deal and we have nothing to hide but why the fuck is this any of his business? Can we say no? Would him refusing to give us the lease because of what the report shows give us any legal recourse? If it wasn't such an ideal apartment I'd book right now because this doesn't bode well for our future IMO.

Thanks

Answer:
 Non legal advice- run away from this crazy person, no deal in the world is worth this. You will be back here asking for advice about the next mad thing he wants, only now you will have a signed lease and it will be a lot harder to escape.

Also yeah, the only reason for this is racist. Or I guess an obsessive interest in genealogy? Answer #2: This will be the first of many crazy requests and they will only become worse and worse. Run away.Answer #3: It's *totally* relevant that your great-great-great-grandfather was hanged for piracy in the West Indies in 1721...your landlord doesn't want a bad element in the neighborhood.Answer #4: Insane landlords are the worst.

I'd direct them to HUD's excellent page on the Fair Housing Act, and rent elsewhere anyway.Answer #5: Huh. I wonder if this is intentional. Maybe he's trying to scare people away for some reason, like maybe there's a program where you get money if you make housing available in a needy area but don't have a sufficient number of applicants. Dunno.

Or maybe he's hoping to be sued and wiped out. Property is a burden, after all.

Or maybe he's batshit.


Title: (NJ)Legality of selling online hacks

Question: Say I have an aimbot that I'd like to sell for a popular fps game (e.g. Counter Strike). What the law regarding selling exploits for games? Can I be subjected to civil or criminal penalties for doing this?

Answer:
 Look up what Blizzard/Activision has done to cheat makers. Steam will be no different.  Considering it wouldn't be hard for Steam to say your hacks have cost them money I'd say this is a not-so-great idea. Better idea, be human and stop ruining games for us legit people. Answer #2: Well, on the civil side of things, you can be banned for violating whatever terms of service that your aimbots violate. You could also theoretically be sued if it's determined that your aimbots have caused damages in some way.

On the criminal side, it's exceedingly unlikely, but you could be brought up on charges under the Federal Computer Fraud and Abuse Act. /u/andpassword shared this link with me, and I thought that it was a pretty good read. https://www.eff.org/issues/cfaa


Title: Can I be arrested for this?

Question:
A while back, almost 2 years ago, I threw away a bong G pen and pipe in a bag into a forest near my house. Looking back it was dumb to do, but I got rid of it.

If my name was on the bag, could I be arrested for drug paraphernalia? It’s no longer in my possession but I am curious if someone ever does find it. I live in Wisconsin
Topic:
Drug Possession

Answer: I doubt it. Sweating small stuff. There is no way to prove it was yours and police have a lot better things to do with active investigations.


Title: Can I create a new LLC and "sell" or "give" it property from a different LLC? King County in WASHINGTON STATE

Question:
We own and operate a gas station that has a bikini barista on the property. We recently got an email from our gas provider (76, Arco, Chevron, Shell, etc. - not going to give specific company name) that the bikini barista could not operate on our property because it tarnishes their brand.

We own the property. Can we change the size of our property such that gas station acts like one entity, and the neighboring property could be owned separately, allowing us to run the bikini barista on that land?

Thanks

edit :

I appreciate it all the info and advice. It seems it won't be worth the time, effort, or money to pursue. It just really bothered me the way the gas provider talked to us. O well, good info regardless. Thank you all again

Answer:
 This end run won't satisfy the gasoline provider and do not be surprised if they terminate the agreement with you and seize their branded sign. You would have to sue them to stop them, and don't be surprised if you lose. The gasoline provider will argue in court that it would not have let you sell gasoline under their brand if the barista was there before it entered into agreement with you.Answer #2: The short answer is that yes you can.

The tax and future legal consequences of this can be complicated though.

For example if you simply gift it then you'll be essentially merging those entities for any liabilities and depending on what corp you have there could be tax payable.

The important thing is that you'll want a lawyer to draw up the transfer so don't bother getting advice about this on the internet. Get a lawyer to draw up the agreement and ask them what the appropriate way to do this is.


Title: [CA] Employee that was about to be terminated filed a complaint against me (employer)

Question:
Located in CA. I am trying to get in touch with my labor lawyer, but figured I should try getting some advice here meanwhile.

&#x200B;

I manage a small business (<10 employees) where all positions are 9-6 desk jobs. One of the managers has had a bad track record with fellow employees and performance isn't that great. His incompetence came to light this week by the owner of the business who expressed his displeasure sternly (but not disrespectfully). Now he has filed a complaint to the HR manager saying that he feels threatened for his job, that he cannot sleep at night because of the anxiety. Last Friday, He filed his complaint and left early to "see a doctor" while I was in a meeting, obviously to prevent me from laying him off that afternoon.

&#x200B;

I spoke to our HR consulting firm, who advised against laying him off at the moment because the timing of it may look retaliatory, despite the fact that his complaint is basically BS. They recommended that I hire external party to conduct investigation and then once everything is cleared then lay him off. But honestly that will probably take weeks and money.. while he just sits at his desk and does absolutely nothing and collect his paycheck.

&#x200B;

Although it kills me to offer this guy another penny, I am inclined to offer a severance of a month's salary, have him sign a release and just get rid of this toxic individual. Am I setting myself up for a disaster?

Answer: You have a consulting firm listen to them, or go get your own lawyer and listen to them.


Title: Bank lied to me about why they declined a chargeback

Question:
GA

&#x200B;

Hi, so at the the end of July, I found out that someone had stolen my information and made two charges. One for $100 through a company called JPAY that gives money to prisoners and another for $200 through Western Union to what I now know is a prisoner. I immediately contacted my bank and got my card canceled and did everything to report the charges and get my money back. I was given a credit back for both amounts and I assumed that everything was fine.

&#x200B;

Last Thursday, however, I found out that my bank decided to decline the chargeback despite never talking to me, so I went to the branch close to me. I go in and talk to the branch manager and call the fraud department with her and she tells me that my card was swiped and my ID was given to the teller who made the transaction and that Western Union declined the chargeback. I asked for all of the paperwork that the fraud department had (it was about 5 pages) and I was told I would have to talk to Western Union to try and get it sorted out.

&#x200B;

I call Western Union and they tell me that they had already sent the money back because they decided the chargeback was legitimate to my bank and that the money had been sent to my bank almost a month ago. I then went back to my bank and was there for an hour and a half talking to the branch manager and on a conference call with the branch manager and someone from Western Union's chargeback department. Ultimately it resulted in the branch manager and the Western Union rep having a somewhat heated argument and me still not having my money back but I was given a number from Western Union to try and figure things out for myself. I'm waiting to call Western Union tomorrow and I'm going to go back to the bank Tuesday but I was wondering what the people of /r/legaladvice think would be the best course of action.

&#x200B;

Thanks!

Answer:
 The good news is that debit card disputes are covered by federal regulation (Reg E), so if you feel that your bank has not handled your dispute appropriately, you can file a complaint with the Federal Reserve's consumer help site or the CFPB. You could also file it directly with the bank; at my bank, if we receive a written complaint that is determined to be a regulatory complaint rather than just a customer service complaint, there is a special way we have to process it and it gets taken much more seriously.Answer #2: >she tells me that my card was swiped and my ID was given

Swiped? Does your card have a chip? If so the chargeback should be granted without much investigations.  No one should be taking magnetic stripes in 2018 for that amount.  Ask your bank for the technical details of the transaction.Answer #3: Your bank sucks.

Get the statement & documentation from Western Union that the chargeback was provided.  Go back to your bank.  Tell them that you'll be consulting an attorney because this is ridiculous.

Also, after you get your money back, change banks.


Title: School wants me to pay for books I clearly gave back

Question:
At the start of the fall semester I was lended 2 books for a class I registered in. At the end of the semester I clearly gave the books back to the teacher and she saw me give them to her. I later got a phone call from someone saying that I haven't gave back the 2 books I turned in?? I clearly gave them to my teacher and they're saying I have to pay almost 400$ dollars! I told them that its impossible because I turned them in, but they're basically saying "Oh well we don't know where they're at so pay us" This is really unfair to me because I really turned in those books. What do I do?

This is in the US.

Answer: What proof do you have that you gave it back, and what has the professor said?


Title: Guy at gym breaks my phone and agrees to pay full cost but now is refusing to pay full cost of repair.

Question:
So I was at the gym working out with my phone on the ground beside me. About 3 feet away was this man who was benching without clips on the end of his bar. All off a sudden the plates slide off and land on my phone,  cracking it. I calmly told him that I have insurance on my phone and there will be a deductivle that will have to be paid. He immediately apologized and agreed to cover the expenses. I told him it would probably be around $200 to which he agreed. I took down his name,  and number.

He left the gym and I called my service provider and made the insurance claim. The total came to $150. I texted him and told him the price and asked where/when we could meet up. Now he's trying to put the partially one me for having my phone on the ground and says he'll only pay half. We had a whole long conversation about why he owes me, how it's my fault, etc.
I tried to negotiate by offering to pay $25 but he's refusing to comply

Another important factor is that we are both in technical training for the air force.  I told him I have valid evidence of his mistake including 3 witnesses and video surveillance from the gym.  He said my proof is invalid, my witnesses won't hold any weight, the surveillance has no audio,  and he can lie and say that he never agreed to pay. So now I have the text messages that show he would lie to cover his back. I told him to say no more.

What should I do?  I don't want to pay for his mistake.  I was thinking I'll just move up the chain of command here and/or go to the base legal center and see what they can do for me. Any advice is appreciated

EDIT: Just to clarify with everyone; I didn't have  my phone just laying out in the middle of the gym.  I was using  a machine with my phone on the floor about 1 ft away from my foot. There was a walkway in front of me which separated us. Hes very lucky that nobody happened to be walking by or my foot was there because that weight could have easily broken a foot. It's common gym etiquette to put clips on the bar as falling weights are a serious threat  to other people and the lifter.

Answer:
 >What should I do?

Well you can start by not leaving your phone on the ground at the gym 3 feet away from free weights. This was mostly your own fault. If I was the other guy, I would have told you to pound sand from the get go.


Title: (FL) My boss is asking everyone who they are voting for and is trying to force them to vote for her candidate of choice.

Question:
She owns the store and we don't have an HR department.

She keeps bugging people to tell her who they're voting for and has threatened to fire people that vote differently.

She even sends out emails mocking a certain candidate.

What can I do about this? I'm trying to get a different job but then she'll just keep doing this and it's not right.

Answer:
 Believe it or not, there are actually very few places that have legal protections against this kind of discrimination.

Tell them what they want to hear, then do whatever you want.

>2. Which federal law(s) make it illegal to retaliate on the basis of an employee's political activity?

>Political activity retaliation is not covered by the federal laws that generally prohibit retaliation based on race, color, sex, religion, national origin, age, and disability for private employers, or by the laws protecting against retaliation on the basis of union or concerted activity.
Currently, only California Labor Code; 1101, 1102, New York Labor Code; and Washington, DC; 201401.01 have laws specifically making it illegal to discriminate on the basis of an employee's political activity or affiliation, while two more states (Colorado Colo. Rev. Stat. %26sect; 24-34-402.5 and North Dakota N.D. Cent. Code %26sect; 14-02.4-01) prohibit discrimination on the basis of "lawful conduct outside of work." Some union collective bargaining agreements (contracts) include an anti-retaliation clause, which may include political activity. If such a provision is included in your union contract, it gives you a basis to file a grievance if you have been retaliated against because of your political activity.

[Source](https://www.workplacefairness.org/retaliation-political-activity#2)


Title: Passive-aggressive coworker calls out sick every time we're scheduled together. Is it ok for me to question this? [OR]

Question:
I work with someone who's been acting passive aggressively toward me in ways that are hard to articulate/communicate to management. (Refusing to acknowledge me unless other people are around, making passive aggressive comments near me that *could* be about me, but there's no proof, etc). One of the most consistent things she's been doing is that every time she's called out sick in the past two months, we've been scheduled to work together.

I'm considering seeking advice on how to deal with this from management, and have been keeping a log of all this stuff including every time she calls out of a shift we share. However, I don't want to cross any lines concerning questioning sick leave or anything like that. I technically have a position that is above this person, if that makes a difference. Sometimes I act as her supervisor, and sometimes I work as her coworker.

Answer: Check if https://www.askamanager.org has any advice columns along these lines.


Title: I just received a check for $500 from an out of state attorney's office, for the estate from a family member I don't have.

Question:
Here's the basic facts:
I am a 24yo male.
I live in a suburb of Detroit, MI.
I have never heard of any person stated in the paperwork mailed to me.

Well, the title says it all.  I just got this letter today via certified mail.  It's from an attorneys office that is in Chicago, IL.  I have received letters from them in the past stating I had to come to court back in September to receive part of a family members estate, but I have never heard of this person nor any person listed in the case and neither has any of my family. (I just wrote it off as a scam because I recently purchased a home, and at closing they said to be weary of scam mail.)  After the first letter came I left it with my dad to look over for the night. The next day he called and said he thought it was a scam too.  I had never told him my ideas about it either so I just tossed it. Then a few weeks later another one came. Same thing as the first.  Then they started arriving via certified mail. So that's 2 via regular mail and then 3 via cert-mail.  The last one arrived about a week ago but we werent home. So the mail man left a door tag, but my SO decided she would call the law firm.  Through her short conversation the receptionist stated I was being sued. So we wanted to now go get the letter so we could re-read the case because it clearly stated it wasn't a lawsuit. I went today to pick it up, got home, opened it up and here sits a $500 check.

EDIT: Clarification.

So where do I go with this? Do I cash it? Do I call them back? Are they legit, or is this a scam? Thank you in advance for your time.

TL;DR- Got 5-6 letters from out of state attorney saying someone I've never heard of died and is leaving me part of an estate. Call the firm, they said I was being sued. Few days later I get a $500 check. What is going on?!

Answer: bill collector? cash the check and they levy the bank account you used to cash it ...


Title: Someone is threatening to leak private information

Question: A while ago I was involved in some drama with some really shady people over a year ago now and one of them recently in no uncertain terms threatened to leak my phone number and my home address from an anonymous account. As of right now I have the screenshots and have already reached out on the website they threatened me on to try to figure out their IP address. I couldn’t find out too much online and they don’t have any real dirt on me just vague rumors without any tangible proof and I’ve already told them if they do so I will alert local authorities. What next steps can I take if any?

Answer: Your phone number and address is not private information.


Title: Arkansas, USA. Sister is suffering from domestic abuse from a crazy ex, what can I do?

Question:
So before I get into what happened today, let me provide some back story. My sister dated this guy for a while and they had a pretty nasty breakup back in February or so. Well, they had a kid and she has custody because he is a crazy drug dealing psychopath. He has beat her on multiple occasions, threatened to kill her, stolen thousands of dollars and thousands more in stuff from my family, and broke into our house more times then I can count. He was stalking our sister until this morning, when I woke up to sounds of my sister getting the ever leaving hell beaten out of her and her screaming and crying for help. I'm a 17 year old guy, but i'm definitely not on the small side. 6'2'' and upwards of 250 lbs. So knowing the situation with this guy and my sister, I called the cops and stalled him before they could show. She confessed everything to the cops, how he threatened her, choked her while she still had her baby in her hands, and slammed her head into the wall. He fled the house when he was told the cops were coming, but they picked him up on foot a couple blocks from my house. So he is currently in holding, but will probably post bail in a few days and get out. We have police reports from multiple occasions and are going to file a order of protection on Wednesday. But he is going to post bail and likely get out soon, and he has officially gone off the deep end. Other things happened in his life that I don't want to get into but can if need be, and it shows us that he is at the very end of his line. If he posts bail and gets out there is no doubt in my mind he will come back here and kill my sister, her baby, and probably all of us living in the house. So my question is, what can we do? If he comes close enough to us for the order of protection to take effect, it will probably be too late because someone will be seriously injured or possibly even dead. He is not mentally stable, and it is known to us that he has possession of one if not more firearms. I just got back from an extended stay at a summer job yesterday, and if I had not been there my sister and her child would probably be dead right now. Alright /r/legaladvice what can I do?

UPDATE: Thank you guys all for your help, asshole ex has been moved to the local Prison for violating his parole. He is serving a mandatory 6 months with no chance for bail. So he is there for at least a half a year, plus whatever is added on for the other 5 charges. He has a previous rap sheet for everything else he has done illegal in the past decade, so hopefully he will be put away for a long time. I will be taking all of the advice you guys gave me and anything I can do to further protect myself and my family. Thank you all so much.

Answer: OP, don't shoot him. Do report to the police that he has guns, if convicted of a domestic violence charge he will be prohibited from possessing firearms and they might be confiscated as part of his bail conditions.


Title: USVI Landlord gave my brother 30 days notice to vacate after selling the condo he is renting lease is not up until July

Question:
USVI Landlord gave my brother 30 days notice to vacate as they have sold the condo he is currently renting. He said fine and found a new place and will move in on April 7, 2019.  He notified his landlord that he can be out by the 7th. His landlord responded that she gave him 30 days notice to find a new place and that he is responsible for the rent through April 30. My question, is my brother still responsible to pay the full final months rent or is he only responsible for the time he is still occupying the condo (pro rated rent)?
The location is St. Thomas US Virgin Islands

Answer:
 IANAL.  Furthermore, since IANAL I don't know the fancy legal terms that go with the following.  That said...

A lease is a lease.  If the lease isn't over until July, he doesn't have to vacate until July.  If the owner wants him out sooner, the owner will need to negotiate that with him -- he can't just 'give 30 days notice'.  Selling the condo doesn't break lease, the lease transfers with the condo -- and if the landlord failed to disclose to the lease to the new buyer, the *landlord* is in a ton of trouble.

At this point, the power is all in your brother's court.  So long as he continues to abide by the terms of the lease, he can refuse to leave the premises until July rolls around.  Landlord can't do much without violating *their* end of the lease, and opening themselves up to legal action.

So lets be clear: your brother is being *nice* by leaving early.  He's doing the landlord a huge favor.

If he wants to be mean, he can tell the landlord that the only way he'll be out before July is if the Landlord buys the key back and writes off *all* of April's rent.  Just make sure to get that in writing.


Title: Pregnancy discrimination?

Question:
Since telling my employer I was pregnant I've slowly been losing hours. I'm still 4 weeks from my due date. I checked my upcoming schedules and got cut to less than 10 hours where I'd normally get 20-30.
I called my boss and asked why and her response was that it would be too hard to cover my shifts if I were to go into labor.
I feel like this is discrimination. Everything I've looked up says if an employer has less than 15 employees, which we do, that they are allowed to do this. Is this true?

Edie: Oregon resident

Answer: Yes, the relevant discrimination laws only apply to employers over a certain size.  If you have less than 15 people working there, they aren't subject to FMLA leave rules or the ADA rules.


Title: Tenants are assholes and probably won’t sign the letter informing them of their 30 day notice to leave

Question:
My family own a property that contains our house and a house we are renting out (MA). The tenants of the house are extremely disrespectful, don’t follow rules, etc. We decided to kick them out, so we sent out the letter through the post office, got it registered with a receipt and everything. Our only concern is if they don’t sign the letter that acknowledges that they need to leave. If they refuse to sign, what would happen?
Topic:
Landlord Tenant Housing

Answer: They don't have to sign it. You can tape it to the door in MA and that is considered proper notice. So skip the mail now (if they do not acknowledge receipt) and do that.


Title: My school threatened to sue me because of a meme I posted.

Question:
First off, this happened last year when I was still in high school, so it is mostly in the past but I was still wondering if their threat was actually legit. Here's the story:

During the year, I posted and made many memes about my school, teachers and my friends on my snapchat story, it garnered some attention and kinda made me popular (lol) but I digress. During the last day of school I used a Picture of a teacher that was posted on the official school's facebook page, I saved it and put a picture of thanos next to him with the caption "You vs the guy she told you not to worry about" (I'd show the image but I can't (?)). Much to my dismay someone told the teacher and showed my meme to him. He then came to me and asked me to remove (more like yelled at me to remove it) and me being the cocky bastard I was I called BS, saying he couldn't threaten me with anything of legal repercussions.

However, a few minutes later I get a call and a visit to the principal's office, he asks me to show him the meme and states that if I don't they'd sue me for I don't know what. He then told me he already contacted lawyers and they had a certain letter ready for me that would bring me to a lawsuit or something. I honestly kinda thought he was full of it, saying that both images of thanos and the teacher were publicly posted and the meme was transformative for both images. But then he threatened me with removing me from the school, and stating he used to study law and it was a clear easy case for them. At that point I bended over and agreed to be deleting the meme and removing it from my story. As soon as I did he called off (literally) the lawyers that he'd contacted. He also said every teacher in the school board was represented by a firm and that was the firm he contacted.

So my question is, was I in any kind of legal danger here or was this situation just a scare? I really would love to here you guys out.

Quebec, Canada

TLDR; Principal threatened to sue me because of a meme.
Topic:
Canada

Answer:
 > During the last day of school I used a Picture of a teacher that was posted on the official school's facebook page

…which you neither asked permission to use nor had some prior license to, thus exposing you to copyright infringement actions. The practical outcome of that is more likely to be a DMCA takedown to your US-based social media host than a lawsuit, but a lawsuit is technically possible, even if it would be a waste of the photographer's or the school's money to do so.

You also had no rights to the Thanos image, I'm assuming, although Marvel Studios do appear to be turning a blind eye to casual copyright infringement. Your theory that this constituted some kind of transformative use doesn't hold water: parody protections are a lot narrower than you believe them to be, and largely only protect parody which in some way criticizes or responds to the work being reused. That's not present here.

You can also face academic discipline for this, and there's nothing stopping your principal from noting your poor conduct when speaking to your future university's enrolment department.


Title: (TN, Montgomery County) Ex (M) won't leave me (F) alone, and keeps causing problems at work

Question:
I've been briefly looking up harassment laws in TN, and I am seriously considering filing against him.

I broke up with him 2 months ago and he kept coming up to me (at work) saying he wants to get back together, begging to have sex one more time, that he's not over me blah blah.

I told him it was over and we were never EVER getting back together and that I felt nothing for him.

So he switched tactics and began pushing all my buttons (provoking me to anger), until I would get angry and we would begin to fight (while at work).

I brought this to attention to my general manger, and she said next time he says something to me, to immediately go to a manager.

A few days later, he begins berating me saying I single him out and I harass him. I tell him to do his job, and he replies yelling, "JUST SHUT THE FUCK UP!" I said, "Excuse me, what did you say to me?" he repeated what he had said, and I immediately went and told a manager. Both of us were brought into the office and chewed out. I stood there quietly while he accused me of singling him out and bullying him (he's 200 lbs and 27 yrs old, I'm 100 lbs and 22 yrs old).  The managers ended up getting mad at me and told me not to talk to him anymore unless it was detrimental to work.

That was 2 weeks ago. Since that day, I haven't looked at him nor have I spoken directly to him unless it was detrimental to our work. He has repeatedly try to provoke me to anger, and has yelled at me and gotten in my face waving his hands saying, "HELLO ARE YOU LISTENING TO ME!? DID YOU HEAR WHAT I SAID?! I SAID YOU COULD GO GET A DRINK OF WATER IF YOU WANTED!! HELLOOOOO!!" I didn't reply, look at him, or change my facial expression from stoic, and continued working.

Just today he once again went to a manger complaining how I don't talk to him anymore.

I know when I go into work tomorrow I'll be chewed out for doing EXACTLY as management told me to do.

This is so frustrating and I'm exhausted from all the drama he's causing. I simply want to do my job to the best of my ability and then go home and relax.

What can i do? Is there anything I can do?

Edit: I also have proof of him calling me repeatedly after we broke up and a long, obsessive text message that includes him talking about standing outside my window to win me back

TL; DR ex is a coworker and keeps complaining to management in the attempt to get me demoted or fired. Please help

Answer: Get a protection order, and if management is allowing this kind of crap, they've shown their true colors.  No need to reward that with loyalty.  Find another job.


Title: I got a ticket for running a red light in North Carolina.

Question:
Like I said, I ran a red light. It was my fault, I was distracted by some homeless dude on the side of the street and ran a red light with a cop sitting maybe 100 feet behind the intersection. I was alone and therefor don't have any witnesses, though, and I don't think there was  a camera. Can this be reduced to an improper equipment ticket? How should I go forward?
Topic:
Traffic and Parking

Answer:
 >Can this be reduced to an improper equipment ticket?

It's possible.  A local traffic lawyer will help increase your chances.

>How should I go forward?

Only on the green next time.


Title: I don't know what to do anymore.

Question: I was kicked out of school for sexually harassing a girl on Facebook's messaging app. There were four times in the conversation that she told me not to go and/ or to the affect. I got one lawyer involved but after the first couple of payments things got expensive. My second lawyer whom I work with is fresh out of law school looked through everything and agreed that it wasn't as bad as the school's judicial system made it out to be. Did I say some inappropriate things? Yes. But it wasn't, extreme like I want to fuck you or slap you in the face with my dick or anything like that. My lawyer told me that that state's law is just that but it doesn't say that the school can't be stricter than the law. Two girl's got involved in it both saying that I said things that were when one of them was at all and just hopping on board with her friend. The first one told a professor and he didn't come to me when the first girl said something. Had I known that is how she felt I would never of even communicated with the second if they were that bat-shit-crazy. I was working towards my B.S. for an art degree. I feel like I have been set up. My manager/ coworker lawyer told me that he doesn't think we can win money but probably get me back in school. I really would like to speak to someone that is a judge or lawyer and tell me what they think. I signed a couple papers that I felt I was duressed into signing and they never told me the full extent of what it was about. The paper stated that I wouldn't video record or tape record the conversation with the administration staff because it was an informal meeting. But it is like what use is that if I can't refer back to what was said. And they made me sign shit which essentially prevents me from getting witnesses and what not. I was out for a month. I was allowed back but then I was shortly permanently expelled because I was accused of talking to other people about the situation to other students. In one of the papers I signed it said that I wasn't allowed to talk about it to other people that weren't part of the meetings. They never told me that and I guess it was my fault for not reading it completely but I think they should at least give me a copy of it in an email so I know what to expect the following day before the meeting or something. I still think I could win some money even though my lawyer doesn't think I can. I have worked hard for 4 years in college and to have my educational life stripped from me like that.... There needs to be a law in place that prevents women from trapping guys like this.

Answer:
 You harassed multiple girls online. Why do you feel "trapped"?

You won't win any money. Listen to your lawyer and stop being a dick online.Answer #2: Have a look at OPs history, it's quite something...

For example [Op gets fired from Subway](https://np.reddit.com/r/AskReddit/comments/5l9pz9/people_who_lost_their_jobs_by_going_off_on_a/)

>Lol. If I wasn't able to recover with another job within a month I would of gone back to the store and actually cut her throat wide open.

I would say troll but that's probably wishful thinking.Answer #3: you were [very](https://np.reddit.com/r/legaladvice/comments/4mofc4/i_got_arrested_wednesday_got_out_last_night_they/) concerned about your [cell phone](https://np.reddit.com/r/legaladvice/comments/4kjy85/if_i_have_some_stuff_lock_in_a_safe_or_a_scroll/) approximately 7 months ago.

Is this related to all that?


Title: [HELP] Easement by Necessity applicable in South Carolina for landlocked foreclosure?

Question: [HELP] I will be buying a piece of foreclosed real estate that is landlocked in South Carolina. The owner of the property in front of mine owns the land that the foreclosed house driveway goes through. The bank that has the mortgage on his house has blocked off access to the land I'm buying. I was told that the foreclosing bank sued the front property owner's bank to have use of the driveway but lost. In South Carolina, I'd think that the driveway would have to be available for use for access to the landlocked property under South Carolina real estate law. Is there any way to check the details of this lawsuit online and get an idea of why the driveway access was cut off in the courts? Thanks in advance.

Answer:
 >I will be buying a piece of foreclosed real estate that is landlocked in South Carolina.

Well why? Why would you do this to yourself?Answer #2: IANAL, but if you want a response in this sub you're probably going to need an MSPaint diagram of the property.


Title: (TN) auto shop has had car for over a year and car is no longer on their property

Question: in June of 2018 I brought my Nissan Xterra to a local mechanic shop to have a new motor installed, they had a cheap used motor (still have the receipt) and said they could do it. I've stopped by every week for over a year and they still haven't even worked on it. I have several recorded conversations stating it's been over a year and they are too busy to start. recently the car was "towed" to a mechanic friend of the owner (3 months ago) and the lies continue about progress. I've given the option of return the car and money for the motor and they refuse. I want to take them to claims court and would like some advice please

Answer:
 INAL

1) You need to be sure that TN is a one party consent state for recording, or your recordings are inadmissable. Period.

I suggest you give them three business days to return your car to you.  Do this in writing.  Send the letter certified mail with signature for delivery.

If they do not return the car I would file a police report for stolen vehicle and contact my insurance company with the police report and stolen vehicle complaint.

You should also file a formal written complaint with the board that licences this garage.

Then I would go after them in small claims court for the refund on the motor they did not install.Answer #2: I don't understand why you didn't do something after oh say a month. A engine swap is a two day job. The only way it should take longer is some parts had to be ordered. I would just straight up get the police involved. Your vehicle is probably gone, parted out or scrapped.


Title: I got a ticket for going under the speed limit

Question: The area i was in was a special event and traffic was crazy people were around and i was going slower than normal because i was looking for the place i was going but the turns were blocked. The cop didnt write an amount on the ticket but going by the statute its $355 ticket with 3 points. Do i have any chance fighting this? It was in Florida btw

Answer: I bet there is more to this story.Answer #2: Going under is just as bad. Many under the influence drive like the elderly on purpose, leads to crashes since people tend to tail gate.Answer #3: I would definitely go to the court date and explain yourself to the judge


Title: Solid hard something like a salt rock 0,5x0,5 cm in diameter in snickers damage in gums

Question:
Ok so the snickers expiery date is in 10 months and it was in the last piece spit it out got to the store got the check. It's a small corner store.

So like a month ago one of my tooth cavity fillings fell out and I had no mony to fill it so the gum was kind of half exposed.

So as i bit down on the snickers a piece of that rock must have seperated and now I have a nice piece of a rock stuck in there...

Now the question is what actions should I take it's been 3 hours can't really afford a lawyer financial situation is not that great.

I Should probably contact someone from this country that knows the law?

I'm just asking without suing what are the best actions to make in the first days of the incident?
Like so other people woukdn't get their teeth fucked.

Ofcourse I want compensation but I want to have the best odds of having a good case if it comes out to that.

I'll ask in some forums from my country I guees.

But I have been force hospitalized before and have a doc apointment at the end of the month to grt on meds this would be heavily used againt me right?

I have no insurance.

Location Latvia Europe.
Topic:
Personal Injury

Answer: You were chewing peanutty gooey candy on the side of your mouth where you knew you had a missing filling and exposed gum?