Title: let someone use my CC info once and they made more charges after

Question: Well, this is a dumb question I'm sure but I let a 'friend' use my CC info to pay a bill, however it appears he has made other charges on it as well. Can I dispute the other charges I did not authorize? I'm just unsure as I did give him the info to use, so he didn't 'steal' it, but I certainly didn't intend for him to use it beyond that. Thanks.

Answer:
 The legal thing to do would be to cancel the card, get a new number, and sue your friend for the charges they put on your card. Answer #2: A chargeback is inappropriate here. The bank will argue that you gave your card to your friend and are therefore responsible for the charges; the matter of what he was permitted by you to use it for is a matter between the two of you. /u/Rhonin1313's advice is correct.Answer #3: It's not clear if your bank would interpret your supplying the number as authorization or not.  You are best served to immediately cancel the card and issue a new one.

You're at an impasse.  If you pursue these charges as fraudulent or unauthorized, you will not be able to stop the bank from going after your friend for this criminal act.

You may be able to resolve this personally by asking to be repaid, but if you bring this to your bank or take it to court, be prepared to follow all the way through because this was fraud and you can't unring that bell.


Title: New Yorker driving to a friend's wedding in North Carolina, got a "wreckless endangerment" ticket and now have a mandatory court appearance in a state 12 hours away from my home in two months. What do i do?

Question:
Totally a predatory practice, i'm on a two lane highway in a rental vehicle with out-of-state plates, pacing traffic with tons of other locals. Highway is 95% a 70mph speed zone but, apparently, it dips down for a stretch of maybe a mile into 60mph. Of course, that's where the cop sits to give tickets so i wind up getting a 93 in a 60 which the cop tells me isn't just a speeding ticket, it's wreckless endangerment and i can't just pay a fine, i need to make a mandatory court appearance on June 9th, two months after i incurred the ticket. I live in NY so i'm obviously very reluctant to miss work to spend the money to journey all the way down to fight this myself. Do i hire a lawyer to do this for me? How do i find a trustworthy lawyer who won't blow off the appearance and will actually fight this down to a normal moving violation or less? Will i still get points on my license even if i'm out of state? Most importantly, what should i be expecting to pay for the lawyer/fines when all is said and done?

Any and all advice is hugely appreciated. I'm trying to get in the wedding spirit for my friend and the unknown horrors of what awaits me with this whole ticket debacle is really undermining my happiness for the bride and groom.

Answer:
 93 is excessive no matter what the speed limit is.

That being said, you should call local lawyers and talk to them.  One might very well be able to make a plea bargain with the DA so that you don't have to appear.

It's hard to give advice on how to find one that isn't a fraud.. that part of your question is basically offensive.


Title: Employer won't let me drive myself to work because I have suspended license, even though I don't drive for work at all. Can they require that of me? (IN)

Question: I currently have a suspended license. I live very close to work and choose to drive there even though I know I shouldn't. My employer recently learned my license is suspended and have told me I am not allowed to drive myself to work. They are afraid of liability. The thing is though, I do not drive for my work at all. I drive myself, clock in when I get there, clock out before leaving and drive home. Given that I don't use a company vehicle and don't drive while on the clock, can they require that I do not drive to and from work? I feel like this doesn't have anything to do with them and that they are placing this limit on me that isn't really any of their business. Am I wrong? EDIT: just adding on here. I'm not mad at my employer at all, I understand that what I am doing isn't right and completely my fault. I live 1 mile from the farm I work for in a very rural area. I know that doesn't make it right, but a little different than city living. They have asked my coworkers to pick me up and take me home. I feel like I'm inconveniencing my coworkers and just wanted to see if they could actually ask this of me. I'm not an idiot, or angry or anything, just confused. I appreciate your responses.

Answer:
 > can they require that I do not drive to and from work?

Unless you have an employment contract that specifically disallows such a thing, yes, they can.  Answer #2: >  Am I wrong?

Yes. Yes you are. You're continuing to break the law and your employer is attempting to look out for you rather than, I don't know, call the cops and tell them when you'll be leaving to drive on your suspended license.

You're an at-will employee. Barring a union agreement or employment contract your employer can require you to do a lot of things. Not continue to break the law is a relatively benign one. Answer #3: Dude - you live a mile from your work. This is easily walking distance. Why would you put yourself at risk in this way?Answer #4: If you're asking whether they can fire you for breaking the law *and* driving on their property without auto insurance, which may expose them to civil liability if you crash on their land, then absolutely they can.Answer #5: You should ride a bicycle. Your employment is at-will. They can fire you for any reason that isn't explicitly illegal (race, religion, sex, national origin, color, age over 40, maybe a couple others).

They don't even need a reason to fire you, but firing you for driving on a suspended license, even if that is done outside of work, is perfectly legal. But you aren't just driving outside of work. You drive to work. That means they have someone driving without a license on their property. Your auto insurance won't payout if you crash into their building or damage their property on a suspended license.

It's 1 mile. Walk or ride a bicycle. Or get roller blades.


Title: Suspected embezzlement, but no proof

Question:
I worked for a nonprofit in Pennsylvania for several years, and noticed that the treasurer was extremely unqualified (she indirectly worked for me, in the hierarchy). Simple requests would be outsourced, and she would generally avoid giving me direct answers. I wanted to fire her, but was prevented from doing so by the board. I did not have access to see where money was spent, as she would only show general categories. I suspect she was paying herself from the general fund, and paying the CPA to look the other way. I have no proof, just observed repeated suspicious behavior. For context: I no longer work there.

Should I report this to the IRS?
Would they do anything without evidence?
Is it possible to make an anonymous report?
What would you do in this situation?

Thanks!

Answer: Nothing, just move on. You have no proof of anything and no longer even work there.


Title: Military, Small Infant, and Leaving?

Question:
I am a young military spouse seeking advice in how I go about leaving my husband.
We are stationed on the other side of the country. My legal residence is still in my home state, where I want to take myself and my 2months old son.
My husband is very emotionally/financially abusive as well as manipulative. I do not have evidence of this but due to this I have to leave without warning for the safety of my child and I.
How can I do this without jeopardizing anything with my son?
I’m very scared once I leave my husband can call the authorities on us.
I’m not sure what my rights as a mother are as well as how the law applies to a military family.
Any advice would be greatly appreciated!!
Topic:
Custody Divorce and Family

Answer:
 I have experience with this. One of my soldiers was a shitbag.

Here is my knowledge specific to you leaving your husband with him being in the military.

He cannot withhold funds from you. If he is you need to contact his Chain of Command. If he is physically abusive you need to contact his Chain of Command. You will be granted a Military Protection Order. Your husband will be escorted to your home so he can grab essentials and be moved into the barracks until an investigation is completed. He will be punished. Your are entitled to his paychecks. If he is withholding funds from you they will force him to give you access. If he does not give you access he will face UCMJ action.

Once he is out of the house and you have access to money you are free to leave.

Now on the civilian side in regards to divorce I do not know anything about that.

Do not call his NCO. Call his First Sergeant or Commander.Answer #2: The child was born in Arizona, right? You are free to leave the state but your husband can file for custody in Arizona and you'll be told to almost immediately return the child to the state until custody is resolved.


Title: Architect leaving for competitor down street, to protect "trade secrets" and sensitive info should we write an non disclosure agreement upon leaving?

Question:
Located in Wisconsin
Just wondering if anyone could shed some light on how we can protect ourselves as best as possible from having our former employee use what they know to try and solicit the businesses clients upon leaving. Architecture is very regionally based and move is no more that 3 min away.

Answer: You have no leverage to force him to sign an NDA. That is why people do it at the beginning of employment, not the end. Answer #2: You can try to get an NDA, but they have no reason to sign it unless you offer significant cash consideration to them. I would never sign an NDA or NSA for a former employer upon departure unless they are willing to pay quite a bit. That is why you make it a condition to be hired.


Title: Advice on possibly sueing UPS for attempted animal assault?

Question: I'm not sure if this question can be posted here so I apologize if it can't. Yesterday I was out in my front yard with my dog, when the ups man drove up. He got out to deliver me a package, when my dog noticed. Without my dog moving, he gave a little bark saying hello. I got up to approach the ups man and sign for the package, my dog followed. The ups man then hunched over, alerting my dog, and the dog started to go forward being absolutely quiet. The ups man then began to swing my package at my dog, freaking him out and making him bark. Then he threw the package on my porch and yelled at me saying I'll never be delivered to again. Am I on legal grounds to sue in California?

Answer:
 >Am I on legal grounds to sue in California?

What are your damages?


Title: Boss told me my "job is at risk" they've hired my replacement. I have good reviews, I'm paid more than the replacement. Can I sue for wrongful termination?

Question:
I haven't been let go, but am expecting it any moment. I have seven years with the company and new management doesn't like my personality and is bringing in friends from their previous company to replace the old staff. I've have great performance reviews up until the new management came in where I got "meets expectations". They've hired my replacement. If they let me go can I sue for wrongful termination? I'm in a right to work state. Wyoming USA
Topic:
Employment Law

Answer:
 Wrongful in what way? Unless you have a contract stating otherwise or are part of a union and so are protected by a collective agreement, your employer can let you go in favor of their friends if they want.

Right to work refers to laws concerning union membership. It has nothing to do with this scenario.


Title: (NC, USA) Very important Pretzel Law

Question:
My daughter tells me that the hot pretzels at the Sam's Club "cafe" are very good. I'm a long-time Costco chick and I don't love and don't really want to buy a membership to a Walmart warehouse.

I remember being told that membership stores can't require people to pay for memberships to use the pharmacy or buy food at the cafe. I can find what look to be credible sources stating that pharmacies have to be open to everyone even without memberships but can't find anything for the food bar. Thanks in advance if anyone knows.

Answer: Why don't you just call and ask if you need a membership to enter the store, and to buy a pretzle?Answer #2: Why not just go with your daughter and get a pretzel together?Answer #3: You can't find anything because there is no law that says that.


Title: Conceal carry question.

Question: Me and my friend were having an argument and I just wanted to clear it up. If you rob a bank (or any store for that matter) with a gun but don't point it at anybody and you have a conceal carry permit will you be charged with armed robbery? Couldn't really find anything on google other then CC people saving the day. Thanks! I'm from Illinois but we were arguing about the Oregon situation.

Answer:
 > If you rob a bank (or any store for that matter) with a gun but don't point it at anybody will you be charged with armed robbery?

If anyone becomes aware of the weapon, including you telling them, showing them, or them seeing it, you'd likely be charged with armed robbery.


Title: My mugshot is on a local news website for a charge that got dismissed before going to court.

Question: A few years ago I was taken in and had my mugshot taken for a charge that was dismissed shortly after. The mugshot got posted to a local news website and is still up there after 4 years. I’ve tried emailing the editor several times, but with no response back. Would there be any chance that an attorney would be able to help get the picture removed from the website?

Answer:
 Were you arrested? Yes.

Is this legal? Yes.Answer #2: Bad advice in this thread.

You would get an attorney to petition the court to seal the arrest record, after which the news station should be compelled to remove the mugshot.

Depending on your state, there are generally two methods to have an arrest record sealed. One is to show factual innocence (very difficult) and the other is to show it is for the "public good/in the interests of justice" (a lot easier.)

If you are willing to research the laws in your state/locality, this is something you could potentially do yourself.

You would write up the petition to seal the record according to the rules of the court of the county in which the alleged crime occurred. You then cite some laws etc and explain why the record should be sealed because of factual innocence or for the public good/in the interests of justice.

You would then serve a copy on the arresting agency and the DA, as well as file the petition with the county superior court.

The arresting agency and the DA will have some time to challenge the petition. There will be a hearing where any objections to the petition will also be heard. Then the judge will decide whether to seal the record. Generally, if there's no challenge from the DA, the petition will be granted.

After this you would draft a letter to the news agency and include a copy of the order to seal the arrest.

If they don't comply, they can be fined etc.

You could also hire an attorney to do this for you. Depending on the complexity of the arrest, it could be a couple hundred maybe up to $1k.Answer #3: No, they aren't breaking any laws.


Title: [TX] My sisters boyfriend took our cat in the middle of the night and released him. We found him dead this morning

Question: I'm 16 and I live with my mom. We have a cat. My sister recently moved in with her bf and my mom and I were visiting family so we left the cat with them. I get a text this morning from my sister saying that her bf got in a car drove away and dumped the cat. I'm freaking out and tell her to look for him and she finds his dead body on the road. She's saying her bf is a real man because he apologized, which makes no sense. She moved in with him way to early and he literally murdered our cat. What can my mom and I do about this?

Answer:
 Depending on your local ordinances, you could file a police report for him dumping the animal--that may fall under animal cruelty. Alternatively or additionally, you could sue him for the value of the cat, which may not be much.

My condolences.

(Your sister is of course an idiot, but assuming she's an adult, there's not much to be done there until she figures it out for herself.)Answer #2: You can call the police. They may or may not do anything. You could also sue him for the value of a cat. Answer #3: Did you see the cat's body or pictures of it? Because if your sister doesn't care, as it sounds like, she might not have been in the mood to look for the cat and simply lied to you. It might still be worth it hanging up some missing posters near where it vanished, just in case. Answer #4: I'm sorry to say this - her boyfriend probably killed the cat. Get this guy away from you. File a police report. I'm so sorry this happened.

Edited, wording for clarity. Also, I hope your sister dates nicer men in the future.


Title: Apartment complex forgot to bill for increase, realized it five months later and now is trying to bill me for the lump sum.

Question:
I am in Georgia. I live in an apartment and I have been here for a year and four months. I renewed my lease four months ago for another six months. My rent for the year lease was $850 a month plus water and sewage. My rent for the 6 month lease was supposed to be $900 a month plus sewage and water. There was a mistake made somewhere and I only was charged $850 a month for the first four months of my six month lease until now. My apartment complex is charging me for the rent they failed to charge me for in the last four months. I attempted to call them several times and never got a response back. They are notoriously difficult to get in contact with and I wasn't given my lease renewal until months after my initial lease was up. I emailed, called and even took time off work to go up to the leasing office with no luck attempting to renew my lease. Eventually I found an envelope at my door with the new lease that I signed and gave back to the leasing office via a drop box.

Background:

There has always been some confusion due to a discrepancy in billed amounts that differ on the resident portal page online and the billed amount shown on the postage I receive. To pay I use the online payment option for tracking what I've paid through the resident portal. The amounts to be billed online have always listed the amounts billed for only water and sewage (they are rolled into rent where I live) so I pay what is listed on the postage I receive. During my first year I added these up and they seemed correct so I continued to pay the amount billed to me on the postage. I don't feel like I should be responsible for a mistake not made by me. I really like living in this area and the people are great, but the leasing office regularly drops the ball and I am usually dealing with something. What should I do moving forward? How should I handle the missed billing?

Answer:
 > How should I handle the missed billing?

You should pay what you owe.  You agreed to pay $900/month, you haven't been paying $900/month.  So you pay them the difference.


Title: Legal Definition of School Prayer

Question: What is the legal definition of what is considered to be a school prayer?

Answer:
 I don't know if there is a legal definition of prayer, but the Lemon test establishes that any school-sponsored activity

1. Must have a secular purpose;
2. Must neither advance nor inhibit religion; and
3. Must not result in an excessive entanglement between government and religion.


Title: I am a landlord with nightmare tenants who call often for aesthetic updates to the house (WA).

Question:
I have new tenants who rented my four bedroom 1920 craftsman house sight-unseen as they were moving from New York.  I took $50 per month off of the rent because they were boasting about how they would take care of small repairs/updates that they wanted.  Since they moved in, I have gotten 8+ calls in two weeks for aesthetic upgrades and style updates on the house, such as new flooring, re-finishing the deck, and even complaints because I did not inform them that the neighbors across the street have an ugly house.  This is getting ridiculous, as they will not tell me among all the complaints what actually needs REPAIR - I would send out a repairperson immediately.  If there is no actual repair needed, however, I've told them that they would be responsible for the house call from the plumber/handyman.

How can I communicate to them that the house is rented to them as-is and that they should be contacting me for repairs only if there is an actual need?

Advice appreciated - this is driving me nuts.  The last complaint session was a 45 minute phone call where he was upset about the power lines blocking the view, and the neighbors across the street, and that it "takes too long" to get hot water to the kitchen sink.

Answer:
 This sounds like insanity to me.  Look at the terms of the lease.  Does it say "as-is" in there or something similar?  If so, point it out to them.  If they continue to harass you about it, say, "It's in the lease we both signed.  That's the end of it.  I will hear no more about it.  Contact a lawyer if you'd like but he'll tell you the same thing."

You knocked $50 off the rent because they agreed to take care of repairs/updates.  Is that in writing anywhere?  Oral contracts are legally binding, but nicer to have in writing.  If they have so far failed to do that, inform them "We made an agreement whereby I would subtract $50/month from the amount due in exchange for your time/money in making repairs and upgrades.  This has not occurred.  Because you have failed to uphold your side of the bargain, I am terminating this agreement for nonperformance on your end."  Give them notice.  "Within 30 days."  If they claim there was nothing to repair, then the agreement is null and void.

Inform them since it was sight-unseen and there are certain risks that come with sight unseen, YOU are not responsible for them.  They took that risk.  "It is not within my legal or moral ability to change where power lines exist or the state of the neighbor's house.  Feel free to contact the government about the power lines and your neighbor about how ugly his/her house is."

How fast does the hot water come out?  If it's honestly unreasonable (more than 30 seconds-minute seconds seems about right) and they are paying for water, then fix it.  If not, tell them it's not an unreasonable amount of time and they need to be patient.


Title: Well known thrift store priced fake watch as if it were real [WI]

Question:
So I used to work at a well known thrift store, and one time while on the floor, the floor manager calls all sales employees to meet real quick. I was the only one to come. She pointed to a watch in the locked cabinet (if a customer wants to look at something in the locked cabinet, they have to ask an employee to open it for them and are supervised as most of the stuff is nicer/high end donations like electronics) and told me to watch it well and make sure no one stole it.

They had never requested extra precaution about a specific item (though I was pretty new), so I asked why. The manager told me when it was donated, they had it appraised by a jeweler and the jeweler told them it was a really good fake, so management “priced it like the real thing”. Those were her words.

Isn’t this illegal? I know I can’t do anything about it now but it always made me feel uneasy. I mean they knew it was fake but tried selling it as the real thing. (I don’t know who eventually bought it, I usually worked in the back).

Thank you for your input

Answer: Yes, it's illegal to sell counterfeit merchandise.


Title: New car, blew the clutch avoiding an accident, and it isn't covered, but there's more...

Question: [deleted]

Answer:
 I have to ask: are you aware your car comes with brakes? Your transmission is not your sole or primary means of slowing the car, especially in an emergency situation.Answer #2: You broke your car, I don't see how the financier is under any obligation to let you get out of the lease. Next time don't downshift from 6th to 2nd, just into neutral if you have to. Answer #3: > I can at lead get out of my lease without taking a credit hit

The finance company carrying your lease (Toyota Financial?) has nothing to do with the condition of the car, even if the damages to your car weren't your fault.

They will expect you to keep the terms of the lease and will not only affect your credit but likely pursue collection or even legal action if you don't make your payments on time.  And if you don't repair the damages to your car, they will charge you for those repairs at the end of your lease term.


Title: Possible Harassment charges?

Question:
My girlfriend's younger brother has been harassed by their upstairs neighbor since they moved in. The upstairs neighbor was claiming she smelled marijuana to the office, but they never ended up doing anything. One day she smelled it and knocked on my girlfriend's door and started screaming at her. She made statements like "those bitches at the front office won't do anything but I will" and "I'm going to get you kicked out". This was in April of this year. Two weeks ago, the police arrested her younger brother for carrying a half a joint of marijuana. This is the second time he has been arrested due to a call from this neighbor.

We are in the state of Texas, and weed is illegal. However, the neighbor upstairs has since become part of the front office staff and according to the police the report of her brother came from the office. Her brother has been followed by a undercover cop due to a call to the police from the front office. The front office was allegedly calling every time he walked outside.

Is this technically harassment?

Edit: my argument is that's an abuse of power, she's using her position to report something that otherwise would have gone unnoticed. My girlfriend is also worried that the neighbor may steal her social security number or use her information in malicious ways.

Answer: No, reporting illegal behavior to the police does not constitute harassment. Answer #2: If he is breaking the law, and someone is calling the police because he is breaking the law, that's not harassment.


Title: Will coworker get in trouble for keeping explicit photos of herself, taken as a teen? [PA]

Question:
I'm a high school student.  I have a part-time job and work with a woman in her early 20s.  About two years ago, she had some body and facial disfigurement as a result of a serious car accident.  We've become friends and have shared a lot with each other about our lives.

She mentioned to me that when she was about 16, she took explicit photos of herself.  She's never showed them to anyone, but after her disfigurement she felt that she wanted to keep the photos as a reminder of what her body used to be like.  She said she plans to always keep them secure and never show them to anybody but herself.

She seems to think that even if she couldn't legally consent to the photos at the time she took them, the fact that she's now legally "of age" means she can make that decision if the photos are of herself, and if she is the only one in possession of them.

Is that true?  I'm worried for her, and if she could get hit with some serious charges, I want to warn her, because I don't think she has any bad intentions.

Answer: Explicit pictures of minors are child pornography.  There is no way to make them legitimate.


Title: Found deposit of $9,600 in bank account. What to do?

Question:
Update: called bank. It was deposited into the wrong account by a number. My account has a 1 and the correct account has a 7 which were probably hard to tell on the deposit slip. seems like a teller mistake.

Just checked my bank account online and it seems there was a deposit of $9,600 made yesterday. I wasn't expecting any deposits. It doesn't say where it came from either so I don't think it was direct deposit. What do I do? What would happen if I withdraw it? Should I withdraw all my money? Will it affect my account if I do nothing? Thank you.

Edit: location is the state of RI

Edit: thanks for responses. Will contact bank when they open in a few minutes.

Answer:
 This happened to my sister. The bank accidentally deposited someone's money into her account. Thinking it was her bonus from work she spent it all. Then the bank realized their mistake and withdrew all the money back (which she spent) and over drew her account.

What ever you do, DO NOT SPEND THAT MONEY.


Title: Terminated from work when not scheduled and not informed until I reported for my next scheduled shift.

Question:
Basically the title, without getting into to many specifics I was terminated while off the clock, and not in the building, spent two days off at home then reported for my next shift. When I arrived at work I could not clock in so I approached a manager who after looking to find out told me I had been terminated. Am I entitled to reporting pay in New York or does this technically not apply since, unbeknownst to me, I was no longer scheduled to work.

Thanks.

Answer:
 Yes probably. You were "permitted to report to work".  Reporting pay does not require that you actually perform work.

http://www.blr.com/HR-Employment/Compensation/CallbackReport-In-Pay-in-New-York#


Title: Are there any U.S. states where you can (currently) be in an "accidental" common law marriage?

Question:
I'm talking about the hypothetical situation where, let's say, a man breaks up with a woman and then discovers that because they've been living together for seven years or something like that, they're actually married even though one or both of them never realized it or intended it.

I'm under the impression that while there are some states where common-law marriage still exists, it isn't going to happen unless (among other possible conditions) both partners are intentionally telling other people that they're married.

No particular reason I'm asking, just want to know the actual facts.

Answer: No. Because even the few remaining states that acknowledge common law require you to publicly identify yourselves and husband and wife, so you can’t be accidentally blindsided by this.


Title: What would the prison sentence be if you made someone shoot a bondage video against their will?

Question:
Nothing hardcore. Just standard stuff.
Topic:
Update

Answer: You mean if you raped someone on camera?  Prison.


Title: MN Infidelity

Question: I need a bit of help here folks. Looking to see if Infidelity is a valid reason for divorce in Minnesota. Also, how to go about it. I have a picture of her nude in his bed, and I'm just looking at options. Thanks.

Answer: You don't need a reason to get divorced in the US. Consult a divorce attorney.


Title: $350 theft from towed vehicle! Who do I sue?

Question:
A few days before Christmas December 2014 I was leaving a party and was pulled over right after leaving the valet. I knew I had a few unpaid tickets, so I took my $350 blazer jacket off and left it in the girl's car. Well, long story short she got arrested for crying excessively and not obeying commands like a good pet.

So, the car is towed to a downtown Houston lot with my expensive blazer and her Texas ID in the center console. The car was registered to her deceased grandmother who left her the car as a gift, also she did not have insurance on the vehicle.

The towing lot would not let her get her Texas ID out of the vehicle after being towed without showing car ownership or ID/insurance. They also would not allow me to get my property out of the vehicle OR acknowledge that it was still in the vehicle (I WAS AWARE OF ITEM THEFT FROM A PREVIOUS EXPERIENCE).

Who do I take to small claims court in order to sue? The tower guy or the towing lot? IF I am even able to sue someone for the value of the jacket? The tow lot claims nothing was in the vehicle when they sold the vehicle, but that is a damn lie. Tow trucker wouldn't have stolen her Texas ID.

Note:
This is the item which when I bought was being sold for $350 at the retail chain. This website lists it as last seen for $250 now 2 years later.
http://www.lyst.com/clothing/john-varvatos-usa-kenmare-velvet-dinner-jacket-black-paisley/

Answer:
 > Well, long story short she got arrested for crying excessively and not obeying commands like a good pet.

Ugh. I have nothing. Just ugh.Answer #2: Jesus, this story has so much bullshit it could put Monsanto out of business.

>Well, long story short she got arrested for crying excessively and not obeying commands like a good pet.

Ha! What? That's not what happened. But you do get arrested for resisting or assaulting an officer.

>So, the car is towed to a downtown Houston lot

This was a smart move. You have a car, **with no insurance, registered to a goddamn dead person**. What did you think was going to happen?

>The towing lot would not let her get her Texas ID out of the vehicle after being towed without showing car ownership

**It wasn't her car.** Letting people who can't prove ownership into vehciles is how shit gets stolen.

>Who do I take to small claims court in order to sue? The tower guy or the towing lot?

Are you shitting me? They let you off easy, and your reaction is to find someone to sue? Answer #3: > I knew I had a few unpaid tickets, so I took my $350 blazer jacket off and left it in the girl's car.

Okay, I just curious and this has nothing to do with the theft, but why would unpaid tickets lead you to take off a jacket?


Title: Can I sue my boss for discrimination? My boss demanded me that I not talk about my gender identity or sexual orientation. She said if I do so it causes trouble and said that I am. Ive told no one about my gender identity or anything. Also implied there would be repercussions if I did.

Answer: To have a viable claim, you would need to have an adverse employment action, such as being fired, demoted, denied a promotion or raise, etc.


Title: Bridal shop in Phoenix closed down

Question: Found out this morning randomly that Pearl Bridal in Phoenix AZ closed its doors on May 14th. My fiancé purchased a dress for our October wedding back in January. We did not receive notification of the closure or any pending closures. Lots of people are out of money and a dress. Thankfully we have time to adjust but could not imagine if the wedding was sooner. My question is, we purchased the dress for $1000 put the payment on our Credit Card. Is there any chase to get that money back? I’ve heard of these thugs happening before but wanted to get any idea of what others did in this situation.

Answer: Call your cc. Initiate a charge back Answer #2: Yup dispute and they should do a charge back Answer #3: Have you tried contacting them to see if they'll still deliver any dresses?


Title: Do gun owners have a legal advantage in self defense situations?

Question:
I have previously started threads about an ordeal I went through a couple years ago while living in an apartment. My landlord there was a violent psychopath, and he would from time to time break into my apartment and physically assault me. I have never owned a gun, so I would do things to him like beat him up, threaten to break his arms, threaten him with a knife, threaten to smash his skull with a dumbbell, and threaten to strangle him to death.  I have discussed this situation with people on forums and I have asked people if I had a right to kill this man when he was attacking me. I typically would get the response that I do not have a right to kill an attacker who has attacked me in my own home. But I do have the right to "stop the threat," whether or not that includes killing the attacker, but the moment the attacker ceases to be a threat, I can no longer continue using lethal force.

However, as I was thinking about this, I realized that this kind of law favors people who own guns over people who must defend themselves without a gun. The law seems to assume that a gun is just another weapon like any other. But it is my contention that, for all practical purposes, a gun is in a league of its own compared to other common weapons such as ones hands, knives or bludgeoning tools. This law wants to prevent people from defending themselves from attackers in an *excessive* manner, but the problem is that a gun is so much more *efficient* than other weapons that it allows the gunman to kill without any perceived excessiveness or brutality. However, other weapons in order to reach the same level of lethality often *require* perceived excessiveness or brutality. A gunman with decent marksmanship can kill an attacker instantly with a single shot to the brain or the heart.  But if a person tried to strangle someone to death or beat someone repeatedly with a baseball bat, the same effect is achieved only after considerably more time or repeated strikes.

Evidently, if my landlord had attacked me in my apartment, and I had had a gun, I could have simply raised the gun at him, aimed it square at his heart, pulled the trigger, and ended his life and I would have been in the clear from a legal standpoint. But if I had used my hands to strangle him to death, this would have been considered excessive force and subject to prosecution. I think this is unfair because it appears that the law does not so much penalize *excessive* lethal force as much as it penalizes *inefficient* lethal force.  If I happen to possess an *efficient* means of killing someone, this gives me a significant legal advantage.

Another factor that should be considered is that a gun has the advantage of distance. A gun allows the gunman to kill his attacker from a distance at which his attacker cannot immediately retaliate without first closing the distance. However, if I were going to bludgeon or stab or strangle a man to death, I would typically have to do so while inside the danger zone in which my attacker could initiate a reprisal even after he has apparently been subdued; the attacker could even fake being subdued in order to deceive the self-defender.  Therefore, continuing the use of force against an assailant, without a gun, even after the attacker has been subdued is qualitatively different from, and less objectionable than, continuing to shoot an attacker after he has been subdued.

You might be thinking from this post that I am just some kind of psycho looking for a way to kill people with impunity. But this is not true. I have just seen many examples of gun owners who, both in their own homes as well as in public, have gotten into self-defense situations and have shot their attackers dead, and have subsequently been found innocent of any wrongdoing. In the recent Florida case, a man while in a parking lot was pushed onto the ground by another unarmed man, and then he rose to shoot his assailant in the heart, killing him; and initially he was not even going to be so much as questioned by the police. Here is a video of an unarmed man who was assaulting another man in a similar manner to how my landlord would attack me in my home (r/https://www.youtube.com/watch?v=LjqtB9UXZp). However, the man in this video had a gun and shot his attacker dead, yet this killing was deemed justified.  Once, my landlord brought a friend of his with him to my apartment building and both of them ended up ganging up on me but I managed to fight them both off; a similar kind of assault occurs in this video ([https://www.youtube.com/watch?v=rflTEcXLkkU](https://www.youtube.com/watch?v=rflTEcXLkkU)).  Yet the important difference is that the assault victim in the video had a gun whereas I did not; the assault victim lethally shoots one of his attackers and the killing is deemed justified by authorities.  Examples, such as these corroborate my point that not only does a gun enjoy a *functional* advantage over other weapons but also enjoys an unfair *legal* advantage.

Am I correct in my assessment?  Does a gun have a legal advantage, or am I mistaken?  Are non-gun owners penalized for rendering essentially the same degree of lethality as gun owners?

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Answer:
 > Am I correct in my assessment?

No, you aren't.

Just like you weren't last time.

You can only use force until the threat ends.

If you shoot the guy and it hits him in the arm, and he stops attacking you and then you keep shooting him until he is dead, you used excessive force.

And if you get in a hand to hand fight with the guy, and you choke him and he passes out, and then you keep choking him until he's dead, you used excessive force.

It's the same rules.

Still.Answer #2: Your conflict resolution skills are terrifying. Answer #3: You seem to think that killing someone is the goal. It's not. Until you can wrap your head around that you're not going to understand anything else.


Title: 13 year old half brother stuck in abusive parental situation - how can we help?

Question:
Hey Everyone,

Urgent advice would be much appreciated.

I am typing this on behalf of my husband of almost one year. He has a 13 year old half brother (same mother, different fathers). He currently lives with their mother in Austin, TX. Their mother, to put it straight, is a drunk, ill, narcissistic and bad person. She is 100% not fit to parent, as evidenced by my husband and his older brother's childhood, and currently evidenced by the shit our little brother is going through.

His mother recently got so wasted she fell down her huge set of stairs, crushing the everloving fuck out of her foot. If it had been her head, she would have died. She drinks on average 1-2 bottles of wine an evening. After the accident she briefly switched drinking for popping as many pain pills as she could get. A few days after the accident, Tom (made up name for the 13-year old) learned his father had passed away. Immediately Ruth (the mother) was only concerned about how she'd get her child support, and what Tom would receive in the will.

That aside, Ruth's marriage to her new husband Mark was rocky from the start. He was previously divorced a well, and is a huge enabler of her drinking. He also has a son, Chester, who has behavioral problems and isn't doing well in school. Tom, also, is majorly depressed and threatens suicide over social media frequently. We have been desperately trying to get Ruth to get him into therapy, to no avail.

There's much more to this clusterfuck of a story, but I'll get to the point. Ruth had an altercation with Chester, which resulted in Tom supposedly telling Ruth something about Chester. Mark got incredibly pissed off and defensive about Chester, so essentially the two parents are fighting over how bad the other one's child is.

Mark and Chester leave the house to go get food, and Ruth starts draining bank accounts, getting locks changed, claiming she's going to divorce Mark. She's going absolutely batshit, but this has happened before - there's literally a 50/50 chance this could all blow over tomorrow. But we're not about to wait this time.

We want to protect Tom from this. He had a hell of a time dealing with the death of his father while his mother was making an absolute spectacle of herself during it. Is there any legal way we can either remove him from the household, or possibly gain custody? We just have no idea where to turn, but our only concern is helping Tom.

Any ideas as to what we can do? Thank you again for your help, we are living about 6 hours away and sick with worry.

Answer: Call the local CPS and see if they're interested. From what you've described here they may not be. It certainly sounds like a trying situation to live in but not something that is abusive.


Title: I've been living under a false identity and now am a witness/victim in a dv case

Question:
Throwaway account I'll only be on for a little longer if questions need answers

15 years ago I began living under an assumed name for a situation I needed to get out of (I'd like to not get into the details but it wasn't criminal on my end) my current job is a bit let's say under the table if you will
He has me do some jobs and pays well but has me listed working in another field under his employment.

As stated in the title I'm a witness/victim in a domestic violence case. My questions are

1 how deep will the defense lawyer go into my background? ( I know they won't find anything criminal in a standard check)

2 and if he does will he tell the defendant?

3 do they look into employment?

Defendants charge is 1 count domestic violence a misdemeanor and
It's probably a court appointed lawyer

I was hoping to resolve the dv issue and not have to start life over

This is in New England tri state area

Answer:
 I’m sorry you have to deal with this. At some point the police, prosecutors, defense attorney, judge or other similar party will ask you, *at the barest of minimums,* what your name is. If you lie to them, that is a crime. If this proceeds go a trial, for example, at best, your lie will be used to discredit you as a truthful witness, at worst, you would have committed perjury and could be jailed. Be aware that lying in other contexts can still be criminal. Your best option is to call an organization like RAINN or similar local domestic violence group to discuss what options are available to you. They’ll be able to help you navigate the system in a way that poses the least risk of exposure (either because of your past, or any present or future liabilities).Answer #2: NAL but I’m pretty sure it’s okay to use an alias name(s) as long it’s not used in connection with a crime in the United States. Answer #3: It's possible that the defense will attempt to use this to damage your credibility.Answer #4: My biggest concern here if I were you were be to be caught for 15 years of tax evasion for working under the table and not declaring income. I would personally sit down with a lawyer to talk this all through and get some advice on how to handle your specific situation because there's a lot at stake here for you, IMO.Answer #5: Under oath: ‘please state and spell your name for the record’

Think you are fucked from the get go on this one.


Title: Statute of limitations question

Question: I have just found out I have an open criminal case from four years ago. PC 503 felony embezzlement from California. I was never arrested or notified of anything and there are no warrants. Can I still be prosocuted ?

Answer:
 I presume that you know whether or not you embezzled money four years ago in California.

If you're able to look up a court record, it suggests that you have already been charged.  If you have already been charged, then the statute of limitations does not apply.

Hire yourself a criminal defense attorney to look into why the case appears to be stalled.


Title: Committed Unemployment Fraud [NY/NJ]

Question:
I was laid off from my job in November 2018, and I recently picked up a part-time bussing position. My unemployment is set to run out in a week or so — I believe this week is the last one to claim, and I just started working like four weeks ago. Anyway, when I submitted my claims, *starting* the week *after* I got the bussing position, I continued to file that I didn't work (didn't make anything over $450 anyway), but it was literally me having a blind spot in my thinking. I pretty much just check off everything and then file. I've had issues in the past with not following directions, being absent-minded, and not thinking things through, and now it could have royally screwed me.

The payout since I started working hasn't been much, but I did receive a notice today that DOL found out I have a job and have been working in the last few weeks of my UI. They collected the info online, but I guess now I'm waiting to see if I'll be eligible to collect this week *or* if I'm going to be notified for committing fraud. How should I proceed? They're not going to buy that I'm just a dumbass that doesn't pay attention.

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**Yes, I was working. In my mind, I don't have a full-time, salaried position — so when filing I'm in the same headspace as I've been for the past 7 months, which is "Geez, I still don't have a job." But, yes, I'm not technically unemployed. Also, I've transitioned out of a New York City startup job with good benefits to a bussing position at a restaurant. I wasn't sure how long I'd last, or that I was going to be hired on the spot.**

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How should I proceed with this situation?
Topic:
Employment Law

Answer:
 What you had "in your mind" doesn't matter so stop making excuses. You have to report all income earned every time you certify for benefits and this is made crystal clear.

Your situation for this week is no different than for past weeks. You can file a claim for this week and truthfully report any money earned. Each week (or two weeks, if you file bi-weekly) is taken on it's own as far as earnings during that period go. You can expect to receive a notice of how much you owe back along with a substantial penalty.


Title: [Texas] Friend with paranoid delusions and hallucinations told me she wants to get a gun, and a concealed carry license

Question:
Throwaway account. Skip to bolded text for the TL;DR.

I have a friend, let's call her K, who has been demonstrating many of the symptoms of paranoid schizophrenia. I'm not a doctor, so I'm in no way trying to accuse or diagnose K, but her behavior over the past year has gotten more and more erratic. She believes that the government is spying on her, that her food has been poisoned by her neighbors, and that the university she attends is plotting against her. K told me very recently she experiences visual hallucinations at unexpected times, and that's when I began to piece things out.

I've had friends deal with severe mental health issues in the past, so normally I would be ok with doing some research and talking with her openly and gently about seeking help. K is experiencing a lot of stress due to school, and I know that can trigger mental health stuff.

However, yesterday she told me she wanted to purchase a gun, and get her concealed carry license. She genuinely believes people are stalking her and trying to kill her - people like her neighbors and the government. At this point I knew I needed to intervene immediately to prevent her from acquiring a gun. K is not a mean or evil spirited person by any means, but I worry for the safety of herself, her roommate, and everyone she interacts with. There's no telling what a person will convince themselves if they are having delusions as badly as she is.

K won't be convinced that the gun is a bad idea. When I tried to tell so, she hung up the phone. She gets frustrated and angry when I don't agree that her paranoid delusions are legitimate.

**We live in Texas, where gun laws are extremely lax, but it is still illegal to sell a gun to someone with a diagnosed mental illness. K hasn't been diagnosed, so what are the proper legal channels to prevent her from acquiring a firearm? Should I call the police? Contact a lawyer? Contact some kind of Texas gun bureau? I want to handle this properly, but I'm worried that if the police show up to her house it will only confirm her delusions of a conspiracy against her.**

I'm getting coffee with K's roommate tomorrow to talk about K, and also offer her (K's roommate) a place to stay until we can confirm that K hasn't purchased a gun. K is a good, kind hearted friend who has struggled with depression, loneliness, and family issues all her life. I want to do what's best for her health and her safety.

Answer:
 Until she is either diagnosed with the diagnosis specifically stating she is incapable of safely owning a weapon, she is involuntarily committed by the court, or she pleads not guilty by reason of insanity, she can buy a gun. Tex. Gov’t Code § 411.172. Is the relevant statute.

You can tell the police and try to have her involuntary committed if you are OK burning that bridge. But that's not guaranteed nor am I suggesting it over just talking and trying to get her to see a doctor.


Title: Does tax avoidance via bonuses work? (Uk)

Question:
I'm an Engineering Student so pls spare me on my lack of business knowledge.

I was wondering, say I was to earn £100,000 a year. Ill pay income tax of £28,356 .

However if I agree with my employer to pay me £60,000 (or any reasonable amount) as my salary then provide me with a £40,000 bonus (or something of that sort), would I only pay  £12,356 as income tax? Or will the bonus also be taxable? And if so, is it taxed at the same rate?

Answer:
 Bonuses are taxed in the UK just as regular income.

Surely you didn't think the "one simple trick" to get out of income tax was taking bonuses instead of salary.


Title: [United States Michigan] Friend’s boyfriend got pulled over and got a few charges against him.

Question:
He got charged with a suspended license, open container, going 1-5 over, and had between 5-7 tabs of LSD on him.
His suspended license was due to a ticket not being paid on time and has no prior arrests.

He was 21 when it happened but turned 22 5 days later.

Any tips on what to do or ideas on what’ll happen to the guy?

She’s extremely worried about him so some quick help would be much appreciated, thanks in advance guys.
Topic:
Drug Possession

Answer: Possession of a Schedule I controlled substance is a felony. What he needs to do is get a criminal defense lawyer who has experience with drug crimes.


Title: Falsely accused with no refund

Question:
Hi,
I recently checked into a motel and the manager had a no refund policy.
He accused me the next day of drug activity which is FALSE!
He stated that the pizza delievery driver was a  drug run, and that I was acting suspcious.
He called the cops and nothing illegal found.
He kicked me out with no refund.
I have already contacted bbb(nothing done) and filed a complaint with the attorney general.
I do not have much money to hire a lawyer so what other recourse do I have?
ACLU? Media?
I believe this manager is a scam artist. He lied, took my money, and his housekeeper called me a horrible name.
Please advise.

Answer: The ACLU isn’t going to help you with this, and no one here will recommend going to the media. Your best bet is to take them to small claims court for the money you lost.


Title: I made a viral video when I was young and now I want it gone!

Question:
When I was young and didn't have the sense to think how my actions might impact me in the future I made a video and it went viral. Several news websites around the world picked up on the story behind the video and reported it. Many years later, I became a teacher, in every school I've worked in, children have Googled my name (which is unique) and found this personal information. I'm now about to start working in a new school and I don't want this to happen again as it is embarrassing and it does slightly change the way students perceive me.

Is there much that I can do in this situation? Is there any way I can have Google remove search results that point to me? I'm aware the answer is likely no, and don't post stupid videos online in future but if there is a solution to this problem I would be eternally grateful and there is gold coming your way.

EDIT: Location: UK

Answer:
 Thoughts:

you could always change your name

you could invest in SEO

you could try to get the video taken down by getting whoever took the video (was it you?) by filing DMCA takedown requests.

You can nicely ask news organizations and google to take stuff down

This is presuming you're in the USA.


Title: (NY) Retail Employer requiring employees to disclose arrests that do not result in conviction

Question:
I recently began work at a large Retail corporation before the holiday season. During training, the HR lead gave me forms to sign saying that if I am arrested while employed by the company, I am required to inform the company within 5 days, even if the charges are dismissed or the arrest does not result in a conviction. Is this legal?

On my first day, I called this into question, telling the HR Manager that I believed they could only require us to disclose unsealed convictions. I was told that it is "company policy" and "not open for discussion". Before my training period ends, I have to sign a plethora of forms agreeing to abide by company policy. There are several practices that this company does that I do not agree with, but this seems to be the only one that I thought was straight-up illegal. Would signing this form be a legally binding document, meaning I would have to disclose any and all arrests?

I wanted to have another discussion with the HR Manager about this issue before my training period ends. I would leave and choose another job entirely, but this store is one of the few hiring within my sphere of travel. I don't want to be fired as a result of pushing this issue unless I am legally justified.

From a quick google search, this issue seems to violate N.Y. Correct. Law §§ 750 to 754; N.Y. Exec. Law § 296(16) as it is described on http://www.workplacefairness.org/criminal-records-workplace#20

I am worried that this issue may cost me my job, but my workplace rights are more important to me. Unfortunately, the lack of employment opportunities in my immediate area has left me "stuck" at this job for the time-being. I want to have a conversation about this issue with my HR manager, but I fear the repercussions as I am an "at-will" employee.

tl;dr Employer requiring employees to sign saying that they will disclose any and all arrests, regardless if the arrests result in a conviction and/or are sealed/expunged.

Answer:
 > Unfortunately, the lack of employment opportunities in my immediate area has left me "stuck" at this job for the time-being.

if you are stuck with this job, i would not recommend starting fights with your employer over hypothetical matters


Title: Is my boyfriend in danger of statutory rape charges?

Question: I'm 15 years old (turning 16 in February), and I have a boyfriend who is 17 (turning 18 in September).  We both live in New Jersey.  So that means for about a 6 month period, he will be 18 and I will be 15.  I have seen sources say the age of consent is 16, but i've also seen others say that it is 17.  Even if we were to engage in no sexual activity during this 6 month period (limited to kissing/hand holding/hugging), could he face statutory rape/assault charges?  Also, when could we legally have sexual contact without any trouble?

Answer:
 The age of consent in New Jersey is 16 but there is a close-in-age exception if you're between 13 and 15 and they're within 4 years of age of you.

So, currently they would have to be within 4 years of your current age and at 16 that requirement goes away.

However, the age of consent is 18 if the other person is a relative closer than 4th cousin or has any legal or workplace authority over you.


Title: [Florida] Felon here; need advice/info on entry into Canada.

Question:
I’ve been doing some research and learned that felons ( and those convicted of lower level crimes ) have been turned away at the Canadian border.  I’d like to visit Canada ( Toronto, Montreal, Vancouver, etc. ) but I’d like to figure out process of gaining entry first before wasting my time and being turned away at the border.

As far as my criminal history is concerned, 16 year’s ago I was charged and convicted of withholding information ie. not snitching.  This was a federal charge.  I haven’t had any issues with obtaining employment.  I was able to get into college and get my degree as well.

I’m not much for making excuses and letting life hold me back.  That being said, I do like to be proactive and be prepared and that’s why I’m posting about this on this sub.

So, what can I do to be have a chance at being allowed entry into Canada as a visitor/tourist/sightseer?  Will I need legal representation?

Answer:
 You need to file for a waiver with the canadian consulate. DO NOT attempt entry or you will receive an automatic deferral.

You can apply for a trp

But because its been so long you may want to download and fill out a criminal rehabilation form.


Title: Bar patron drank and drove and hit someone. How much trouble can I be in? (Alberta, Canada)

Question:
I served 2 men 2 pitchers of beer, and 2 pounds of wings. They lived around the corner from the establishment and were there a number of hours. The one man got in his car and drove, and hit someone who is now in critical condition and may die. Me, as the bartender who served them, had no idea they drove until I heard about this. I have no visual of the parking lot and did not see them pull their keys out. How much trouble can I be in? How about the bar? Is there anything I can do to cover my ass if it goes to court?

Thanks Reddit!

Answer:
 1 pitcher over several hours with food doesn't seem unreasonable. According to the other post, it does not seem like you should worry too much, so long as your employer is aware that you did not over serve. Answer #2: >How much trouble can I be in? How about the bar? Is there anything I can do to cover my ass if it goes to court?

In Canada this falls under something known as *commercial host liability*.

>The courts have stated that in order for there to be a finding of liability against a host, there must be the following:

>A Special Relationship

>Duty of Care

>Foreseeability

>An Obligation to Monitor and Supervise

https://canadasafetycouncil.org/traffic-safety/social-host-liability

https://www.smartserve.ca/documents/10156/0/Legal+Cases/21a8f89b-ca26-4556-8263-ef6b08b6e9c5

In the US we call similar laws *dram shop liability*, and it varies state to state.Answer #3: IANAL.  I would suggest making sure that both you and the bar owner retain copies of this pair's receipts for the day, plus any security camera footage that exists.  Ideally, you'd want to have something that proves times of entry+exit (or start and end of tab/order, if your software does that - may be hidden in the depths and not on a normal receipt, but many places have ways of determining how quickly they turn over tables), plus what they ordered.


Title: As a consultant, is a purchase order I've received a binding contract?

Question:
The PO was issued in California, if that matters.  I provide consulting services to corporations.  A company issued me a PO for 12 weeks of work.  After working 4 weeks, they've said we're putting the work "on hold" because they're not ready yet.

If they flake out, do I have a legal right to be paid the amount of the PO, if they don't allow me to actually work to earn it?  If not, I could see people getting badly screwed by turning down other work based on expected work/income, then watching it disappear.  Any help?

Answer:
 IANAL. Managing partner of consulting company here.

No. Your statement of work or service agreement is your contract. A PO is simply a liability tracking mechanism to pre-approve liabilities and payments. A PO by itself does not establish a contract.


Title: Employer just added a non-compete in our paycheck

Question: [deleted]

Answer: I don't know much about non-compete agreements - hopefully, someone well-versed in employment law will show up - but I don't believe your employer can make this a condition of receiving wages for work already performed. Your employer may be able to require you to sign a non-compete agreement going forward, as a condition of continued employment, but he cannot hold your current paycheck hostage until you sign.


Title: (NC) Can loosing a parcel get me arrested?

Question: Hello. I recently did some card trading online involving me and another sending cards to each other via post my parcel arrived no problem but the parcel which I sent to the receiver got shipped to the wrong address but was not picked up and so waited in the post office until it was sent back to me however when I received it the parcel was open and empty. The person who was supposed to get the package is now threatening to call the police unless I send them money equal to the package or the package they sent to me. They live in New york so I'm not entirely sure what to do.

Answer:
 > Can loosing a parcel get me arrested?

No, but tighting a parcel might.Answer #2: He didn't receive his end of the trade, so you need to send the package back to him and talk with the postal service.

If it didn't arrive at the house and got returned opened, then you can assume a postal worker stole it and you should contact the postal service.

If that is what happened and you aren't just trying to rip someone off. Opening someone else's mail is illegal.


Title: [NC] Crashed my truck into a ditch yesterday morning. Slid off of an icy turn. I was freaking out since I had my little brother with me. Called the police, they came, gave me a ticket, and left. I can't afford another ticket at my age (18). Can I fight the ticket?

Answer: A ticket for what? What do you think your defense would be? Answer #2: If the ticket is for failure to control vehicle or driving too fast for conditions or something similar you likely have no defense. Because you admit you failed to keep your vehicle out of the ditch.


Title: Am I able to press charges against this person for harassment?

Question:
I Live in Katy, Texas

Okay so I broke up with my no ex-girlfriend (let's call her Jill) , who went back with her previous boyfriend (let's call him Jack), who was considered an asshole by Lisa's family. Keep in mind that I told this dude multiple times to stop contacting in any way, shape or form (blocked him from every social media and his phone numbers). The family basically says that they would like me to still "be part of their family" and their friend and stuff, her little brother calling me one of his best friends, and both her grandmother and aunt telling me that "whatever goes between me and Lisa, we are still gonna keep in touch with you". Lisa at first hated the idea of me being friends with them but she kinda got an overwhelmingly negative response from her family so she kind of accepted it and moved on, neat.

Fast forward to two days ago, Lisa texted me out of nowhere and told me to stop contacting her family. I told her that we already went through this and told her that I was going to block her number. She then proceeds to text me from another unexpected phone number telling me that I'm basically asking for problems and said that she was going to jump me. I then tell I told both her and Mike to stop contacting me ever again, and then I blocked that second phone number. Lisa then proceeded to re-open her old "deleted" facebook just to have Mike send me a voice message that basically said "Lisa tried doing this the nice way, but now we are going to have some fun. I know where you live, bitch". He does know where I live, so they are not exactly empty words.

Am I able to press charges against Mike for harassment and threatening? It's honestly getting annoying, and I wouldn't mind if he just told he was gonna jump me in the streets or anything, but it's a little unsettling having someone threatening you with your address, a place where my entire family lives.

Answer: I think you messed up your aliases.


Title: Bipolar wife wants to start a daycare on our home. I am uncomfortable with this.

Question: 37 f partner is currently going through a midlife crisis to the point that we are current sleeping separately. We are going to marriage counseling. She feels she needed more independence and I completely support this. We are have money trouble for the last few years due to her wanting to be a stay at home mom. I also supported this but sadly even working an average of 50+ hours a week at my job we have wracked up considerable debt. My working constantly probably led to the crises as it stands. She has decided that instead of getting a job she will bring in children to make money. I have previously stated that I am uncomfortable with having strangers children in our home. Personally it's something I did not want on top of the fact that she is bipolar and had been know to have issues with it in the past. In counseling I have brought it up and the counselor agrees that I am allowed to not want this but short of moving out what can I do to prevent this. I am a 36m and we have been together for 14 years and have two children 5f and 2m.

Answer: This seems more of a relationship issue, but surely, the jurisdiction you reside in has regulations and insurance requirements that must be met before one can open a legal daycare business? For example, CPR certification, liability insurance, and other rudimentary components of a barely safe place to leave kids for a day? A list of these requirements might be a way to approach a discussion about the merits of this business venture.


Title: Is it illegal to pick locks but do nothing else?

Question: Chatting with some colleagues at work right now, and we're debating the legality of simply picking a lock and then just walking away.  Is there an actual law forbidding it?  What would you be charged with if/when arrested?  What is the actual crime? [CO, USA]

Answer:
 In a lot of states (since you didn't post yours), the mere fact that you possess lockpicks or something that can be construed to be a lockpicking device can be considered a crime (possession of burglary tools).Answer #2: The other comments already cover the strictly-legal aspect of it, but think of this: let's say you walk up to someone's front door while they're away at work, pick their locks, then walk away.

Then, a burglar comes along, tries the doorknob, and lo and behold, it's unlocked!  He burgles the place and leaves.  Later on, it is discovered that they had video cameras recording activity at the front door, and now you're on video unlocking the door.

Is picking a lock strictly illegal in and of itself?  Maybe, maybe not.  But picking a lock that doesn't belong to you can open you up to other charges, like negligence, such that you might share partial legal responsibility in the hypothetical situation I posted above.

The answer to, "is picking a lock then walking away illegal?" is, "maybe, maybe not, but it would certainly put you at risk and liability for a whole slew of other potential illegal activities."


Title: My wife is leaving me she's moved away with my child to a different state. What do I do?

Question:
My wife dropped the bomb on me today. She doesn't love me anymore. She moves from Alabama to Pennsylvania a month or so ago, with plans on me moving up when she gets settled. That's all changed now apparently. What do I do? My whole world has flipped around in the last hour. I can't even begin to describe the thoughts and feelings I have right now.

Help. Please.

Answer: Happened to me too brother. So sorry. You must lawyer up for visitation rights and money stuff. Aside from that, and from now on, no matter what you are feeling...keep all emotions OUT of your dealings with her. Calm, rational, results based discussion will get you the closest to your goals, which are lots of time with your kid, fair money issues, and the least amount of drama. Also, go ahead and do some cryin', find a good friend to hang with, and get into a gym or exercise regimen to boost your self esteem and ease tension. Best of luck friend. It won't be easy but you'll survive.


Title: Need legal advice on a non-compete in a right-to-work state.

Question:
I had to sign a non-compete prior to me being hired by my previous employer. My position has since been dissolved and now left without employment. There are a couple of companies that I am looking at that require someone in the territories I covered.
Since I live in a right-to-work state, I have been told that a no compete is very difficult to enforce. I know I won't be targeted, but my future employer could be. Currently I reside in SC and the former employer is OH.
Would anyone have any helpful insight?

Answer:
 Right to work has nothing to do with it. (That's a union thing)

Non-competes are difficult to enforce because they are. Depending on your state they can be really hard to enforce.

You can get a consultation with a local labor/employment attorney and have them review it for you.


Title: [Illinois] Is it unreasonable to expect a registration fee refund from a festival cancelled due to weather?

Question:
Hi everyone, last week a group of friends and I attended [this](https://www.circlesanctuary.org/index.php/pagan-spirit-gathering/pagan-spirit-gathering) pagan festival in northern Illinois. It was supposed to be a week-long event hosted by a non-profit Church organization.

Registration fee was around $280 *per person*. Unfortunately, two days into the event we received heavy rains and the camp site flooded. The event was cancelled and we were evacuated.

Since this event there has been a lot of talk about refunds- there are about 1,000 participants so that's around a quarter million dollars. Some have voiced expectation of a refund and others have said "If you want your money back, go talk to a lawyer and you'll get laughed out of their office".

This even was insured, though I don't know what that covers. How reasonable is it to expect a refund from this? Thank you.
Topic:
Contracts

Answer: Did tickets/registration have any terms and conditions attached?


Title: [PA] Pulled over and being charged with DUI

Question:
I'm hoping to get some help better understanding my charges, and what the possible outcome could be.

 Towards the end of July I was pulled over for speeding. The state trooper said he smelled marijuana in the vehicle, I told him that I had a little bit of marijuana in a grinder and two bowls in my car. I told the officer that I had not smoked that day, that the last time I had smoked was the night before. Probably twelve hours before hand. I was asked to get out of the vehicle and they searched my car and found said items. Then the trooper performed a field sobriety test. After he finished, he told me his conclusion was that I was definitely on something. I was told that I could either lose my license on the spot, or that I could give a blood sample to determine if I was on something. so I was taken to the barracks where a more thorough sobriety test was conducted. The results for that were also inconclusive. The officers told me that I probably would be charged with paraphernalia. I was then taken to the hospital where they did the blood draw. Afterwards I was released.

I received a phone call about two weeks ago from the state police, the trooper told me that I was indeed being charged with a DUI.I asked him if he knew what all came back, and he told me the weed, and then something about my one antidepressant, I told him that I have a prescription for that. But apparently it was more than the legal limit. The trooper told me I would be receiving a summons in the mail with in the next week. I haven't received my summons in the mail yet, but I looked yesterday and I saw that my charges were finally posted online. I'm being charged with four misdemeanors, and a the traffic violation.

1. DUI controlled substance - schedule 1 - 1st offense
2. DUI controlled substance - schedule 2 or 3 - 1st offense
3. DUI controlled substance - metabolite - 1st offense
4. DUI controlled substance - impaired ability - 1st offense
5. Driving at safe speed

What should I expect? Is there a reason the paraphernalia wasn't listed on my charges, or should I expect some other legal issues to arise?

Answer: These are all excellent questions for your attorney.


Title: [TX] Getting divorced while being basically FWBs?

Question:
Hi reddit, using a throwaway because my main account has too much personal info.

My wife and I have been undergoing marital troubles. We don't hate each other, we just don't feel the same way we did when we got married (we were pressured into marriage right out of high school).

We don't have kids, we both have decent jobs, and we've been married for 3 years now (we've been trying to "save the relationship" for the better part of a year at this point). We've given up on trying to salvage it at this point, and have accepted we got married for the wrong reasons, and plan on getting a divorce in the next month or so. Currently, we basically live as roommates and FWBs. We hook up twice a week or so, and sleep in separate rooms.

One of my coworkers told me this is a recipe for disaster and that a judge won't let us divorce if we have sexual relations of any kind with each other. Is this true? Are there any other things about our slightly non-traditional marriage we should know about before filing?

Thanks in advance.

Answer: As long as the ground that you're seeking a divorce isn't living apart without cohabitation, you're fine. No one is going to keep you married if you don't want to be, but they aren't going to grant you a divorce on a lie in court.


Title: [TX] Underaged drunk stole my Uber and $200+

Question:
About a month ago, I was out with some friends. I ordered an uber home and when it showed up, these 3 very young, very drunk girls ran up and tried to get in. I calmly explained that I ordered this ride and asked them to please move. They told me "who cares, f*ck off" and as soon as the uber driver unlocked the vehicle, they jumped in. I asked them twice to get out of the car. Twice they responded very rudely and refused. One of them, let's call her Hannah, was particularly awful and drunk and I had a bad feeling about her. Eventually, the uber just started taking me home with them in the car.

I woke up the next day with a $220 charge from Uber. The girls had not gotten out after I got out, stayed in the car, and Hannah had thrown up all over the car. Uber has a $200 cleaning fee that I was forced to pay because these girls hijacked my uber. I also had to pay for their ride which extended past my arrival.

Now, I had no idea who these girls were and was pissed because I couldn't contact them. By some miracle, Hannah had somehow found me and contacted me (She wanted me to text the uber driver because she forgot her phone in the car). This was great because now I had her number and could talk to her about what happened. I first asked her if she threw up in the vehicle. She lied and said "omg no I would never". Conveniently, the uber driver had sent me multiple pictures proving that she definitely had so I immediately called her out about lying. She backtracked, apologized, and agreed to pay me the money.

A week later I had still not received anything. I contacted her again and she told me that she can totally start paying me Friday when she gets her first paycheck. She also told me that it's going to have to be $40 at a time but that she was definitely going to pay me. A week later, I still had $0 from her. I contacted her again. She said that she's definitely going to pay me but her mom won't let her pay me more than $35 at a time. That was about a week and a half ago and she has now stopped responding to me and has yet to pay me any money.
I know it's not a lot of money but it's more about the principle of the matter for me. I've been extremely polite and understanding with this girl, who was underage and drunk, completely rude, and has lied to me multiple times. She agreed to pay me 3 separate times in 3 different payment intervals and has yet to do anything. Is there anything I can do? Or did this young girl just basically steal $200 from me and I should move on?

edit: Decided to contact Uber. Thanks guys!

edit #2: It turns out that the Uber driver violated some of Uber's driver policies by allowing the girls in the car to begin with. I'm getting completely refunded as well as an additional $10 of credit in my Uber account! I don't know why I didn't contact Uber sooner. My anger towards the girls blinded me. Thanks everyone! except for /u/rvaducks

Answer:
 When you got in the car, did you inform the Uber driver that you were not paying for the girls? How did the driver think that he was getting paid for driving them?

This will be much easier to sort out with Uber than the girl, if you can.Answer #2: >Decided to contact Uber. Thanks guys!

Wait what???? Why was this not the FIRST thing you did???Answer #3: Next time just cancel the ride and wait for another Uber.

Even if you take the ride cancellation charge it's much cheaper than $200.Answer #4: Why didn't you immediately (like, the second the car drove away), contact Uber and tell them that someone else had taken your ride?  Then you wouldn't have been responsible in the first place.

You can take the girl to small claims court, I guess.  But you really handled this the absolute wrong way.Answer #5: Next time, if a drunk person hijacks your uber and is being unreasonable, tell the driver what's going on and have them charge the person accordingly.

You allowed them to ride with you an assumed responsibility.  You need to sue her to get the money back.Answer #6: Did you contact Uber about it?Answer #7: Lmaoo why not cancel the ride?Answer #8: Sue in small claims. Don't ride around with strangers. Answer #9: After seeing your edits, it might have just been a scam where the girls were friends of the uber driver, never threw up, and almost got you for $200


Title: [WA State]- Woman moves across country 11 years after last contact, alleges I'm the father of her 10 y.o. son.

Question:
I was just served, so forgive me if I ramble or sound a little shocked.  This came out of nowhere.

Background: I met a girl on an online dating site and we hit it off fairly well.  She coincidentally lived near my paternal ancestors homestead, and I had previously planned to do an "ancestry" type visit to the area, so I volunteered to come visit/meet her and go on a date.  She offered a place to stay for the days of my arrival and departure to save on a hotel, no strings attached, and also offered to join me on my exploration.  I agreed.  Seemed legit.

Long story short, it went OK.  She wasn't fully truthful in our prior conversation about her health situation (turned out she has herpes), but she came clean while were were talking the first evening after dinner.  I'm rather risk-adverse, but that wasn't an outright disqualifier for a relationship.  I understand how that might be hard to discuss until comfortable with the other person, and as long as the relationship hasn't turned physical before then, no harm-no foul.  She was otherwise pleasant enough to hang with, so we had a fun few days exploring, talking, and flirting, even though by the second day I had decided she wasn't someone I wanted to enter into a LTR with.

On the final day as I was packing, she propositioned me to have a sexual interlude involving mutual self-pleasure.  I had previously (the day before) told her I didn't think we had a future beyond friendship, and she said she was OK with that.  With this in mind, our previous discussion about her medical condition, and the understanding that it would not include any actual physical contact, I agreed.  She asked that I wear a condom for easy clean-up, which seemed logical at the time being it was her bedspread, not mine.  We did our thing, I disposed of the used condom and went to the shower to get dressed for my trip.  We said our goodbyes, with the understanding that it was not meant to be, and I headed back to the airport.

We lost touch soon after that, and a quick standard ex-check of her FB page a couple years ago showed she was in a relationship which appeared stable, still living in the same town, and no mention of a child.

FFwd 11 years from my visit- she's now single (according to her FB page), recently has moved to a larger city just 60 miles north of the small town I live in, and just this morning had me served with papers, saying I'm the father of her son.

I've since married (last December), and have already discussed this whole scenario with my wife.  She's supportive, and was the one who looked on her FB page to begin with.  She's also the one who pointed out the coincidental oddness of the timing of our marriage, this womans cross-country move, and the sudden service of papers with no prior notice of paternal responsibility on my part.  I hadn't thought of that until she mentioned it, and it is rather troubling.  On top of that, this woman has started a GoFundMe account to "...help...start [a] new life...".
One other thing my wife mentioned about her FB page- the header includes a pic of a female doll holding a tactical-style weapon.  Again, nothing damning or terrifying, but still a bit upsetting when speculating about her current state of mind.

My wife seems to think she's "looking to get paid" somehow, and using her son to do it.  I hope not for the child's sake.

Yes, I know, I need a lawyer ASAP, but is there anyone who has dealt with a similar situation?  What was the outcome?  What questions should I be asking in the meeting, and should I ask for anything specific such as a protection order, for example?

Answer:
 You will need to pray that a DNA test doesn't show  that she was crazy enough to save that used condom.  Answer #2: You're either Dad or you're not. I would say you're not. Not much you can do until the DNA test. I don't think you need a lawyer before the test results come back. A lawyer won't change the outcome.  Just don't say or promise anything else other than comply with giving a sample.

> and should I ask for anything specific such as a protection order,

Nothing in your post suggests anything close to grounds for an order of protection or no contact.


Title: Almost got arrested for "trespassing" on a playground that had no gates, because some friends and I were swinging on swings. Now have a court date.

Question:
I don't understand how this happens. Me and two friends went to a playground for 5 minutes, and we're just swinging and talking. This playground wasn't gated or anything. All of a sudden a cop pulls up and shines his flashlight on a sign that was hardly in view, under a tree, and had no light. He actually read us our rights, and barely let us off. Though now we have a court date.

What the fuck is this?  What should we do? Plead guilty?

Edit: This is outside of New Orleans, Louisiana

Answer:
 Was it at night? I'm not a lawyer nor am I in your state but here parks "close" at sundown and you are trespassing if you're there after dark. Check your local ordinances.Answer #2: While you weren't doing anything mischevious, you were technically trespassing.  There was a sign posted, albeit an inconspicuous one, but it is also your duty to know your city ordinances.  It also sounds like you were issued a civil municipal ordinance violation ticket, not criminally arrested.  Either way you are always best off hiring an attorney.Answer #3: Time is really important. It could have been trespassing after hours. Gang and drug activity can be an issue at parks and playgrounds at night.Answer #4: How old are you and your friends?Answer #5: Not a lawyer.  What did he charge you with (Penal Code Section)?  Were there signs stating that trespassers would be prosecuted?  After you were advised of your miranda rights, did you admit that you knew you weren't supposed to be there?

Honestly, you can probably make a case that you didn't know you weren't supposed to be there. Unless you are in a tiny county in the middle of nowhere, I am surprised the DA would even take the case. Get a lawyer, as long as your story is true, he could probably get he case dismissed or something.  But don't just decide to plead guilty. Any time you have criminal charges filed against you, you want to get a lawyer.


Title: Brother is missing from hospital.

Question:
My brother was admitted to a hospital last week for surgery, during his stay, he made a post to Facebook saying that he had 30 days left to live due to some sort of complication they had discovered.

Before they officially discharged him, he vanished from his room. I was told this , by his social worker from the dialysis center he goes to for his end stage renal failure. They contacted the hospital and pulled the discharge summary and it was listed there.

My brother lives in my house and has yet to return home, I filed a missing person report today with the city the hospital is located in, in the meantime the hospital refuses divulge any information regarding the nature of his health, his complications, or the treatment he was receiving.

What are my options for obtaining this information legally?

Answer:
 You probably do not have any legal options for uncovering your brother’s medical information aside form getting his permission to disclose it to you.

Obviously you should ensure that the police or any involved social workers are aware of what you know.Answer #2: Does whatever police department that you filed the Missing Persons Report know about his post and that he has a critical health care issue that requires treatment? They classify MissingPersons differently if there’s a health issue.


Title: Is it legal to fill another person's prescription with their permission?

Question: For several years now, a friend of mine has been suffering from a back injury. He recently moved from NY to Florida and has not been able to get a prescription for (you probably guessed it) Oxycontin. His doctor in NY understands this predicament as does his pharmacist. My friend would like me to pick up the prescription from the doctor, have it filled at the pharmacy and ship it to him from New York to Florida. This is something I'm extremely uncomfortable with for numerous reasons. My friend insists that there is nothing illegal about it whatsoever, but it doesn't feel right to me and I will not be doing it. I tried to Google an answer to this, but most of what I found were shady drug forums where people were trying to fraudulently fill someone else's prescription without their knowledge. Thanks in advance for any info about this situation!

Answer:
 > This is something I'm extremely uncomfortable with for numerous reasons.

You should be.  There's no reason for **you** to do this.  There is no reason why your friend can't get his prescription filled in Florida, and there are pharmacies that ship prescriptions, as well.


Title: [CO, US] Did employer violate HIPAA

Question: [deleted]

Answer: It is not a HIPAA violation for someone to ask you if you are under a lot of stress.


Title: False breathalyzer test

Question:
Hello, I was charged with a DWI Saturday night, I believe this is a charge I would like to fight. Some background info; before I got pulled over(for a unrelated reason) I had 4 drinks through the night my last drink being a hour and ten minutes before I got into the car with a water 20 minutes before I left, I felt sober  and I believe I was, I did field sobriety test which I think I did fine  because when I asked why/how I failed the officer said it was glossy eyes that said a lot, so I get down to the station to do a breathalyzer test and I find out my results the next morning a 0.42, this is deadly drunk and the arresting officer even said I was being nice and respectful, the test was obviously false, what can be expecting for this case?
Texas
Topic:
DUI

Answer: You are going to need an attorney to prove it was 'obviously false' because it isn't obvious to court.


Title: I'm being sued for a car my father bought for my mother.

Question:
I am a bit panicked and confused, I am sorry ahead of time time if this post is spastic. This is the first time this has happened to me and haven't slept much from nervousness..

I live in Las Vegas. Just came back from vacation and find  stapled documents in the mail saying I'm being sued. From what I am reading I am being summoned to court Tuesday May 1st.

The Attorney for this company (Ally Financial) suing me is saying my father has not paid car payments in over 6 months, and '' upon information and belief, you the daughter is in current possession of the Vehicle''.. and that is all they wrote about me.

My father bought this car for my mother, I never drove it. I guess my mistake was buying a new battery for it 6 months ago for my mother, she never told me he had stopped paying for it though. This is the last time I saw the car. I  had moved out living with my boyfriend and barely had contact with my family because I was always being asked for money.

My father apparently took the car to Alaska, according to my mother, where he lives and works. Neither I or my mother can get in contact with him.

I left a message on the attorney office machine (they had closed already) saying verbatim '' Hi please contact me as to why I'm being sued for a car I don't own nor has my name on it? '' and left my number, I probably should have not done that but I wasn't sure what to do, I am still not sure what to do...

Thanks again for the help, I could really use it right now. I don't want to go to court over something I don't own or have..

Answer:
 Did you co-sign on (or take out) any loans for the car? Is your name on the title?

You will need to respond to the lawsuit, even if you don't have the car. If you fail to do so, you may lose.Answer #2: I'm curious why you mention the battery purchase? In what way does that tie you to this car? How does record of a battery purchase even reach Ally?Answer #3: > ' Hi please contact me as to why I'm being sued for a car I don't own nor has my name on it? '' and left my number, I probably should have not done that but I wasn't sure what to do,

You didn't screw yourself, they're grasping at straws to see who has the car and trying to get it back. It's the "throw everything at the wall and see what sticks" strategy, sometimes when there are multiple parties involved someone will just sue everyone and let the judge sort out who's responsible. They saw you bought a thing, thought you had the car, included you in the suit.

You don't need representation, you can just go yourself for this. Just go to court, be like "I don't have the car, and I don't know why I'm here" and the judge will dismiss you. You don't have it, this has nothing to do with you.Answer #4: Go to court!
Follow the other advice here about an attorney but there is no time to answer in writing. If you don’t appear in court you will lose. Answer #5: I'm guessing they haven't been able to take repossession since he's in Alaska? Maybe they are just trying to find out where the car is.


Title: My friend went to the bank to deposit 5k but 6k was sent into his account

Question:
My friend went to the bank to deposit $5000 in cash but the teller counted it wrong and said she will transfer $6000 into his account. My friend didn't say a word and she proceed to deposit the money. Now he has 6k in his account when it should've been 5k. Is this considered fraud even if he didn't go out of his way to get that extra $1000?

California
Topic:
Criminal Law

Answer:
 The bank is going to find the error and your friend is going to be on the hook for that money if he spends it.

The smartest thing to do is to tell the bank about the mistake.


Title: Larceny: was asked to turn myself in, should I contact a lawyer first?

Question:
Gory details asside:
Received a call this morning regarding an officer at an old address with a warrant for me.  I talked to him on the phone and he told me it would be best to turn myself in.  I have no priors or anything even remotely close to anything.
Should I talk to a lawyer before anything?  Idk what they have on me, I'm sure they tracked me via credit card receipt or something.

Answer: Yes, talk to a lawyer immediately.Answer #2: Yes. Now. I would not have even spoken to the officer on the phone without contacting a lawyer. The cops are *not* your friend in this scenario. Call a lawyer immediately.Answer #3: I would also contact a bail bondsman and have one lined up so you can turn yourself in and walk right out. Some counties don’t set bonds every day, so double check with the bondsman or a lawyer about the right day and time to turn yourself in. Police might ask to speak with you, I wouldn’t do so without a lawyer.


Title: Boss is avoiding paying OT by splitting checks, is this legal?

Question:
My boss owns two restaurants under the same name, but each is registered as its own company. Therefore, if i work 60 hours in a week split between the two stores, I get two checks (one issued by “Company A, LLC” the the other by “Company B, LLC”) and no overtime unless my hours at one store exceed 40, which is rare. Is this legal in NY?

Edit: I’m in New York City

Answer:
 While this isn't the oldest wage fraud trick in the book, it's in the top ten.

You're almost certainly under the ["joint employment" or "common paymaster"](https://www.payroll-taxes.com/articles/qvertime-and-multiple-employers) categories in Federal law.

If the same person is your boss at two restaurants that literally have the same name, then there's no chance that they are considered independent operating entities under [29 CPR 791.2\(a\)](https://www.law.cornell.edu/cfr/text/29/791.2).

You are almost certainly entitled to overtime for work over 40 hours in a workweek in such a ["horizontal joint employment"](https://www.dol.gov/whd/regs/compliance/whdfs35.pdf) arrangement.

Keep track of all of your timecards and paychecks, and talk to the NY Dept. of Labor about [filing a wage claim](https://www.workplacefairness.org/wage-hour-claim-NY).Answer #2: Wow. I didn't realize this was illegal. It happened to me once. It was only like four hours so I wrote it off and refused to work any more overtime, but I hated my employer so much I would have filed a complaint. This was years ago, so it doesn't matter much now lol.Answer #3: That’s 100 percent illegal and a DOL/IRS “gimme” moment. Answer #4: You are likely going to get a payout under an IRS whistleblower law. Get a lawyer who will make sure you get your full reward, not just your back pay.


Title: PA 3310(A) Following Too Closely

Question:
Can I fight PA law "3310(A) Following Too Closely"? Interstate traffic locked up at the same time I glanced off the road (I drive a lot and glanced down to throw away trash from lunch; I told the cop this) and when I realized, I was unable to stop and avoid an accident. Thankfully no one was hurt. The cop charged me with 3310(A) Following Too Closely. I asked how they can assume I was tailgating and he said that it's one of the standard tickets they have to give, by law, to a person who caused an auto accident. I knew I wasn't going to win so I just said ok. What they didn't notice is I had a dash camera and the footage shows I wasn't tailgating extremely clearly; Practically every car in the clip was closer than me to their following car. It did show that traffic slammed to a halt (you see an 18-wheeler swerve lanes a ways ahead; Assuming something was in the road) and I didn't brake in time. If it was another charge like maintaining control, I'd agree to guilty, but I definitely was not tailgating. What are my options here? Thanks.

note: Throwaway for privacy reasons.

Answer:
 >I was unable to stop and avoid an accident.

Sounds like following to closely to me. Either that or some form of negligent driving. I am guessing you were ticketed for the lessor offense.

You can fight it. But your defense is that you were not paying attention and hit another car, instead of that you were driving too close.