Title: Can police use friend as confidential informant against you

Question: Say a person had a best friend(friend 1) who had a prescription for a narcotic used to get off of opioids and that friend asked you to hold onto some of them so they don't run out. Them,being that persons(friend 2) best friend for 20+ years, they do it. Then said friend(1) makes a really dumb move and gets themselves arrested. They had his original prescription(but the police say the label was torn off) and they also had other narcotics on them. In addition to that, they had their children inside a restaurant. They getsl out of jail and asks this friend(2) to bring him some of the meds that they were holding for them. Now say this second friend knows the risks of having meds that don't belong to them, but he will take that risk to help out his best buddy. My question is, could the police use friend #1 to ask friend #2 to bring the medication and arrest friend 2  for something like distribution? Even if friend 2 isn't any type of drug dealer or user or anything like that?

Answer: Of course they can. That's, like, their favorite thing to do.


Title: Grandfather tried to poison me with black mold covered blankets. I just found out about them a few months later. Any way I can sue?

Question:
He kicked me out of his house and wouldn’t let me get my stuff. Then he put all my stuff in a large black bag. I didn’t have the space for it in my new place, so I left it alone for a few months.

Recently I opened the bag and got an awful smell. He threw black mold covered blankets in, infecting and ruining all my clothes.

Any way to call police and actually get results?

Answer: No.  Leaving your stuff in sealed bags for months likely caused the mold.Answer #2: You can wash your clothes. Black mold isn't anthrax, its not going to kill you in general, and most health effects are caused by long term exposure to it in a closed environment.


Title: [VA] Maintenance man arrested for leaving cameras in apartment bathrooms, one of which was mine.

Question:
Hey Reddit,

The maintenance man of the apartment complex I was living in was recently arrested for leaving cameras in girls bathrooms, one of which was mine. He would leave his watch in the bathroom when you called for maintenance, then come sometime a few days later to  pick it up, but it was actually a hidden camera. My roommate and I had quite a few plumbing issues, and she remembers him leaving his watch in our bathroom at least once.

 He was recently arrested, and when my roommate contacted the police about it, they said to inquire about the evidence and any footage of us, we'd have to press charges. We're both in college, and I'm not even in the country at the moment, but I'm freaked out and violated! What can we do? Our main concern is privacy and the destruction of any images of us, and making sure nothing was posted to the internet.
Topic:
Other Civil Matters

Answer:
 Your school should have a victims advocate center. They should be able provide affordable legal services and free counseling. I know I'd want to talk to a counselor after that, if only just to fully vent all my feelings about what happened.

If he's been arrested, the police are doing their job. They are already investigating. A victims advocate should be able to help you insure the videos are only in police custody, and possibly help you retrieve them after trial. As of now, it's evidence and you won't be able to do anything about it until the police are done with it.

First step is definitely to contact your school about their services. You can also think about a civil suit against the apartment complex for negligence, negligent hiring, and negligent supervision. You'll probably need a private attorney for that. The apartment complex is responsible to ensue this does not happen and to make sure they hire people who won't do this and provide adequate supervision in case someone gets through the hiring process.

*I'm not a lawyer, I'm a law student. This isn't legal advice, just an explanation of the process you should follow.


Title: Dog spay/neuter clause enforceable? (VA)

Question:
My fiancée and I, being relatively new dog owners, adopted a Corgi puppy from a breeder in Virginia. We signed a contract when we adopted the dog, and the contract has a clause that requires we spay her, however, the clause states that we are forbidden from spaying her until she turns 8 months old, and the window for spaying is open until she turns 14 months old. If we don't abide by the clause, we have to pay the breeder $5,000, according to the contract.

We took the dog to the vet and he had never heard of this and thought it was ridiculous, and that we should absolutely have the dog spayed at about 6 months old, as it substantially reduces our Corgi's chances of getting certain cancers.

We definitely want to spay our dog and have her live a full life - is this provision of her contract enforceable? Any help would be appreciated.

Edit: sounds like we're going to get a second opinion and talk to the breeder. Thanks all!

Answer:
 Not a lawyer, but a dog person.

Generally, spay/neuter clauses specifying an age are for the health of the dog. Waiting until the dog's growth plates have fully joined is the recommendation. For corgis eight or nine months is normal, while something like an Irish wolfhound would be 18 months to two years.

It can be controversial, but there are studies that show normal estogen/testosterone production until the dog reaches maturity promotes healthier bone formation, among other things.

But ultimately, talk to the breeder. A responsible breeder wants open communication with the people that buy their puppies.


Title: Family flipping out over my youtube video post.

Question: [deleted]

Answer: Considering laws vary from location to location, how can we possibly know if it is illegal where you live? ...and if it is what sort of civil or criminal repercussions you might face?


Title: Workplace asking about kids.

Question:
I just applied and interviewed for a promotion at work.  I have a nine month old son.  I keep my private life private and almost no one at work knows I have a son.

Suddenly today, a manager (different from the person who interviewed me) says, "So I heard a rumor that you have a baby?"  Which I confirmed.  She then asked me questions about whether my son lives with me, and if having a baby has influenced some life decisions I've made outside of work.

I feel like these questions were not social, but related to me applying for the promotion.  I've had a son for nine months and suddenly these questions come up the week I apply and interview for a promotion.

Did my work do anything wrong here?

Answer: No. You were not obligated to answer. A coworker asking social questions is not illegal.Answer #2: You can simply say you would prefer to keep your private life private and ask f there was anything work related he needed to discuss. It might make you seem a little standoffish but only an idiot wouldn't get the message.


Title: [PA] Hello, Doc! I'm a very buff man trapped in a skinny 21 year old boy's body. Give me steroids please?

Answer: If this really sounds like a good idea to you, please consider visiting a licensed counselor. There are people who can help you work through body image issues.Answer #2: Buff isn't a sexual identity.


Title: (Ontario) Online Tutoring Company Demanding 200$ Fee For Leaving Company

Question:
I recently (about four weeks ago) got hired to work as an English tutor online. At the time I was hired, they told me the hours that were available to work, told me the wage would be 18$ an hour, and that they would provide me with all the equipment. What they asked of me was that I commit to a minimum of 22 hours a week, that I had an empty room in my apartment, strong internet connection, and a laptop.

During the interview they told me my internet was fine, but after they came in and set up all the equipment (Flat-screen TV, green-screen backdrop, studio lights, and headset) they told me my internet connection was too weak and my laptop was too slow. I really wanted to work as an English tutor, and I felt a little bad that they had come in with all this expensive equipment for me, so I ended up buying a new laptop (on black Friday so it wasn't that expensive) and I changed internet providers, (spent about 450$ on the laptop and just under 100$ changing over the internet).

After that they said that everything was fine and I could start training. The training was unpaid which I didn't mind as I was sure after that I would start making money as soon as I started working. Now at this point I hadn't signed any paperwork to confirm I was an employee of this company, other than a piece of paper listing the equipment in my possession, which used the word 'renting'. When I asked about that (as prior to this I was told it was just on loan to me) my questions were dodged until someone told me that it was just standard paperwork, to acknowledge that I had everything, but again, nothing about the equipment being rented and no prices mentioned.

Once my training was completed I was asked to do an online seminar with the other tutors, (also unpaid) at which point everything was made clear. They company is renting the equipment to us (125$ a month, deducted from our pay) we eventually would need to build a client base to get booking for tutoring sessions (when I was hired they said they would be getting the bookings for us, so pay was guaranteed) there were 3 tiers for hourly earnings, 14$, 16$, and 18$ an hour (I was told only 18$) and any missed time (calling in sick or w/e for these overnight shifts) we would owe them double the time unpaid (so if I missed 6 hours because I was sick, I would have to work 12 hours unpaid). All of this made me start to doubt wanting to work for this company, but I was a little apprehensive to leave right away as again, I felt bad they had set up all this stuff.

Anyway, I finally sent a message to the guy that hired me explaining that I had to leave the company and apologizing for the inconvenience of having to come pick up all the equipment. He responded saying I would have to pay 200$ for the set up and the take down. Now I am arguing with him over that as I would have never taken the job if I had known about all of this in the first place. He is saying that he told me everything before I was hired. The only thing I have is a picture of the 'rental agreement' which does not say anything about costs, and the message where I asked about what I signed and they told me it was a standard paper just to keep track of everything, again nothing about costs.

So my question is, am I required to pay this?

Sorry for the long post I just wanted to make sure all the information was out there.

Answer:
 That’s not a job. That’s a MLM scam.

You should read the documentation you signed and look into the agency in Ontario that handles consumer fraud (attorney general? I’m not sure if that role is similar there). Answer #2: You need to review the rental contract, likely

> a piece of paper listing the equipment in my possession, which used the word 'renting'.

Figure out what it says. Your obligations only go as far as the contracts you signed.


Title: Ex boyfriend wants me to pay for his car

Question: I recently broke up with the father of my child. He hasnt worked since May 2018. At the time it was our agreement that he could stay home with the kid and I would pay for everything, this included his car that he bought before he lost his job that is under his and his moms name. Now that we're not together anymore I told him I will no longer pay for his car but still help him with his credit cards as I used them as well. Now he is saying that he is going to take me to court and make me compensate him for all that time he watched our son and make me pay his car because he claims he only purchased it at the time because we could afford it. Can he do any of these things he claims? I know law vary state to state and we're in VA.  He also wants me to pay him for everytime he watches our son as he is still unemployed and im working.

Answer: If he has primary physical custody it is possible he could get court ordered child support. The amount is primarily based on your income, your shared expenses for daycare or medical costs, and who has physical custody based on where your son sleeps. Who watches your son during the day, and other expenses like the car are generally not part of determining child support. It is also possible the court will impute an income for him if should be able to work but isn't, reducing the amount you would pay. You should get a lawyer, and get shared custody close to 50/50,  greatly reducing any child support you are required to pay. Generally VA does not grant retroactive child support to before the filing date.


Title: Can my doctors legally make me go cold-turkey with medicine until I can get a specialized person to refill?

Question:
I have been taking anti-depressants that HEVIALLY advise I DO NOT stop taking medicine without granted said from a medical professional. If I have to stop taking them, they will slowly loosen my dose.

It's been about over a year and a half and I had to switch doctors due to insurance.

Suddenly, I can't get a refill without a doctor's approval. Me and my dad thought "okay, seems simple with our new fast medical clinic."

Spent our insurance to a visit, and there's nothing they can do because they don't specialize in mental health medicine. You apparently need to have a certian specialist to do this stuff. We will get one but then ask if they can fill up one more bottle so I don't go with withdrawal and they said "they can't do anything."

The withdrawl is killing me, not phyically, but my mood has been out of control, I pass out over a little physical push, I feel super dizzy, etc.

Can they legally do this? Because my past doctor prescribed me it after a depression diagnosis and she wasn't specialised in this.
Topic:
Medicine and Malpractice

Answer:
 Yes. They can refuse to prescribe in that situation. In fact, if your doctor feels they lack sufficient qualifications to prescribe the medication, they *must* refuse. Legally, they can't give you meds that they are not trained to prescribe and monitor.

They should have given you a referral to a specialist who can refill your medications. Ideally, you could have called that specialist and they might have been able to get your refill prescribed before you ran out. Unfortunately it sounds like you weren't able to do that.

Since you say the medication you're on is an antidepressant (not a controlled substance), and you're suffering symptoms without it, I would suggest you go to an ER. The physicians there have wider expertise than most general practitioners, so they may be able to write you a short-term refill, and put you in contact with a psychiatrist to follow up with.


Title: Massachusetts - Mandated reporter with a summer job that is not a mandated reporter.

Question: I work in a public library in Massachusetts. One of our summer employees is also an employee of the local public school system. As librarians, we are not mandated reporters, but as a teacher she is. If the employee believed that a particular child/children in the library were being abused/neglected, would she be required to report this to CPS? The students in question *are* students in the district, but not at the school where she teaches, and have never been her students.

Answer:
 You are basically asking if the mandate remains even while not actively employed. First question of course is if she is actively employed. While some teachers fired/re-hired for summer others are still under contract and therefore still mandated. Assuming she is fired, the question because if she has any certifications whcih would be in jeopardy for failing to report.

Next, lets assume she is free not to report, what happens if it is learned she was aware of the abuse and did not report, a thing she would be allowed to do and would clearly be in best interest of child, would anyone want her as a teacher anymore?

Guess what I am saying is this is a dumb question, you think a kid is in danger report it. Mandate or not, be a human.


Title: A wierd approach: Government expands the duration of imprisonment thinking it will stop the crime.

Question: But I think number of crimes will become very less once government starts educating people clearly about consequences of crime before they commit the crime. About the duration of the imprisonment. What is your opinion?

Answer: Criminal punishment as a deterrent is... unreliable, I'd say. Plenty of studies out there show that increasing the penalty of a crime doesn't significantly decrease the instances of it. For one, it does nothing for crimes of passion, and even for pre-meditated crimes, if the person thought they were going to get caught they probably just wouldn't do it. I can't imagine a person thinking "Well I was fine doing 10 years for this if I got caught, but 20 is too risky for my tastes."


Title: Can women be made to pay child support to their child's father?

Question:
This is a hypothetical scenario, and it has nothing to do with me or anyone I know.

Can women be ordered to pay child support to the father of the children under said conditions:

This takes place in the USA, He has full custody, and he was never married to her,

Answer: Everyone thinks of the money going "to the mother" or "to the father". But in the law, the money is going to the child. In practice, it's just paid to whoever is looking after the child. It could be a grandmother or an uncle, anyone.Answer #2: Yes, absolutely.Answer #3: Yes, of course. Answer #4: Yes.


Title: My package was misdelivered to my neighbor's house. It's sitting on their front porch and they are not home. Is it legal to grab my package from their front porch?

Question: This is in IL.

Answer: Geez, just go get your package. No one is going to care.Answer #2: Why not. Is technically your package. At worst it could be trespassing but no one would pursue it.


Title: [Ohio] Many years have passed since we received a vague police phone call about a theft and nothing happened, no word

Question:
About 8 years ago (I was 18) my family received a phone call from a detective or officer regarding a report received about a claim of theft with me named, my father spoke to him and the details were laid out, and I was informed I should give the detective a call. When I called the detective I gave him my report number and information, and he told me he would call me back if he found anything. I was very confused by this. I didn't receive a call back, the next day I attempted to call him and there was no answer. I was never contacted by him or anyone else over these last 8 years. No arrest, no questioning or follow-up. What likely happened here? My apologies if this is informal.

Edit: I should have also included that the idea this may have turned into a charge without me knowing could have occurred and that it was a mild concern. I don't know how likely that is.

Answer: Odds are there was a report and nothing interesting happened.  You weren't charged, arrested, or anything else.


Title: Public Shaming-Oregon

Question:
Local police department posts (trying to be funny) post about kid who allegedly is breaking into vehicles. Public Information obviously, mug shot posted but...it has facilitated a viscous mob mentality in the comments. Hate speech, threats of violence, tagging relatives of defendant. Personal information, etc. it’s actually disgusting to read. The represents says turning comments off violates first amendment rights. This public shaming thing does more damage than good and is a form of punishment without due process.

Is there any ideas or suggestions legally that I can research.

Answer: Publishing mug shots and other public arrest records does not violate due process. I don't have better advice for you than: stop breaking into vehicles.


Title: Filed Small Claims against Former Employer - is my reasoning wrong? Colorado

Question:
I resigned from a job a couple of months ago after learning of tons of illegal activity going on. I talked to the owner of the company and told her I wasn't comfortable with how things were going, and when my paychecks were continually late I decided I had enough and resigned.

There are some crazy clauses in the employee contract; the main one stating that any resignation given with less than 30 days notice will reduce the employee's pay to minimum wage. Bummer for me that I was owed 2 paychecks when I resigned, and she stated that she would reduce both of these paychecks to minimum wage.

I sent a Demand for Payment of Wages...no response...and today filed Small Claims against her. I'm going to argue that my pay should not be reduced to minimum wage despite this being stated in the Terms of Employment because she asked me to do illegal activities I wasn't comfortable with, thus making the Employee Contract null and void.

Is this wishful thinking? Can I even argue that the Employee Contract is void because the employer is engaged in illegal practices?

I'm still owed money, even if it is just minimum wage. I'm just hoping to get what I earned because this has just been a nightmare.

Thanks for your help. I'm in Colorado.

Answer:
 First issue: the clause may or may not be enforceable under CO law, but it's definitely unenforceable to the extent that your employer is trying to retroactively reduce wages. So if you gave notice on Oct 1st at the end of the day that you would leave on Oct 14, that would trigger the minimum wage on all work performed after Oct 1st would be for minimum wage. That may be enforceable, but worth asking a lawyer about. However, if your employer tries to change your September wages to minimum wage, there is no way that will withstand a challenge.

Second issue: Assuming at least some provisions of the contract are upheld, no contractual duty to perform an illegal act is enforceable, so if you can back that up with evidence you'd have a good case.

Good luck!


Title: Ex gf still has one of my cars and is not giving it back!

Question:
Ex decided to become crazy and is keeping one of my cars in storage somewhere and not telling me. She bought it from me but never paid any on it. I kept the title in my name. Should I go for reporting it stolen or can I pursue her in court for car payments? I don't want to piss her off too much she used to be sweet but now she sounds like a killer lol

State of Texas any suggestions?

Answer:
 You can try to call the police if you want.

But you'll probably have more success suing her in court for the amount of the car or its return.


Title: I'm not sure if this is illegal? California.

Question: I work on a very busy street where there is no parking except in shopping facilities. All the road parking is painted red or has a sign signifying that parking there will result in towing. I have worked at my job for about 3 years with no problem with parking. The Parking lot has about 50-70 parking spots and there are 10 stores in total attached to this parking lot. Recently the owners of the property that the store is on, have hired security guards to tow any employees that they see parking in the parking lot. This has caused a major issue for all the employees. The only places to park are miles away in a residential area or in the back of the property. The problem with the back of the property is it's a skinny alley way with no street lights. On one side of the alley is the back of the stores and the other is a deep canyon. On more than one occasion homeless men from the canyon have approached female employees or harassed them as they make their way to their cars. The security guards were told and stated that their job was to keep the parking lot for the customers and the alley wasn't really their problem. I'm just not sure if it's legal to force employees to park in a potentially dangerous environment?

Answer:
 You could petition the city to add some parking.  Bring it up at a city counsel meeting.
Answer #2: They don't have to provide parking for you, but they're not necessarily in the clear if something bad does happen back in the alley (assuming it's part of the property).

The property owner could be open to a negligence claim under premises liability if somebody were injured back there because property owner failed to take reasonable steps to make it safe from a danger that they knew about.

Of course, if you bring this up ahead of time, it sounds like they'd be likely to declare the back alley a no-parking zone.  But premises liability is a legitimate cause of action.  The [Brian Stowe](http://www.cnn.com/2011/CRIME/05/24/california.fan.beaten.lawsuit/) lawsuit springs to mind.

So no, it's not illegal.  It's just dumb.  Any reasonable jury would be aghast at hearing the stories of harassment by aggressive homeless folks, the store owner saying "It's not our problem," and then somebody getting raped or beaten.

You should document everything you can which shows the property owner knew of the problem, and anything showing they don't care about the problem.Answer #3: Your company doesn't have to provide employees with parking facilities, period. So it's up to you where you park.


Title: Can a business owner refuse me access to his property if he has tenants on it paying for my services? New Mexico

Question:
I have started a Mobile RV Repair company in my area and have really taken the market by storm. I have beem operating for over a month with great success.

Today, I was checking in at the front office of one of the larger RV parks, one of my biggest earners, and they told me I am no longer allowed access to the property.

My customers live in their RVs in a space they rent from the owner. Because they live in them, if something goes wrong they contact me to fix their issue on their rig. I am one of two companies they can call. The other company has been in business for a long while and they have a waiting time of 2 to 3 weeks. I am within 24 hours. So, they call me often.

Is the property owner allowed to refuse me the ability to service my paying customers?

Answer:
 I am assuming that the tenants of the RV park have similar rights to the tenants of, say, an apartment building. Which means that, as their invited guest, your right to be there is contingent on the permission of your host, not of the property owner. The property owner would have a legitimate interest in banning a person who is disruptive, dangerous, or destructive to the property. Barring those, the tenants would have the right to associate with the people of their choice. Tenants also have a generally recognized right to have tradesmen visit them at their residence. Tenants have the right for their invited guests to be NOT harassed by the property owner.

Instead of checking in at the front office, you may need to start having your clients meet you off property and escort you on. You might also ask them to start calling the police non-emergency number and let them know that the owner of the property has started harassing their guests.


Title: MA: My girlfriend and her mom aren't allowed to give up their timeshare until they pay the rest of the maintenance fees

Question:
8 years ago, my girlfriend's mom(GM) decided to sign up for an undesirable week at a timeshare about an hour away. My girlfriend foolishly agreed to have her name put on as a second owner in case she wanted to go up at a different time, and signed all the paperwork. They paid for their unit in full at the time.

For the first several years, GM paid for the maintenance fees even though we seldom use the unit other than for bonus days a couple times in the summer. Maybe two years ago, we finally took our assigned week, and found that we really didn't enjoy the area at that time of year.

They had agreed amongst themselves to give up the timeshare, however I don't think there was official communication made to the company. Unfortunately, both my GF and her mom are mildly avoidant.

Within the past couple weeks, GM received registered letters addressed to both of them saying that they could be taken to court if they didn't pay $1,100 in fees. I'm assuming this is 2 years of Maintenance fees and some late charges perhaps.

Unfortunately both my GF and her mom are also low income. I believe her mom survives off of minimum child support, food stamps, and side work. My GF works part-time while caring for our 4 year old and makes less than 10K a year. Paying the balance in full and being done with it wouldn't be an option unless I wrote them a check, and I'm reluctant to given the absurdity of it all.

My girlfriend reluctantly entered into a payment plan with the timeshare company out of concern that her credit score could affect our ongoing apartment search. The $50 a month won't break her, but the terms seem absurd.

She was told over the phone that she was not able to give up the timeshare deed until the fees were paid in full. In other words, unless she pays right away , she will be assessed $500 for next year as well. She was also informed that there would be a $13 a month late charge, and a $40 annual fee.

Everyone is willing to accept the timeshare itself is a sunk cost, but are they legally allowed to make her keep it until she pays off debt under those absurd terms?

If it's relevant, the company billing her no longer owns the property. I believe they declared bankruptcy and are functionally out of business other than their existing contracts.

Summary: Can my GF and her mom (in Massachusetts), who are essentially indigent, be forced to pay for a timeshare indefinitely? What are our options?

Answer:
 >Can my GF and her mom (in Massachusetts), who are essentially indigent, be forced to pay for a timeshare indefinitely?

Of course. They signed a legal contract. I'm guessing the company is abidding by their end, so why shouldn't your gf and her mom?

They should borrow money to make the account current and sign away the deed to stop incuring fees.


Title: [CA] Father died with small estate, how do I pay his medical bills?

Question: So my father passed away this summer and his medical bills have kept coming. The only estate is a bank account worth less than $150,000. I have been referred to a probate lawyer who says that I can use the Small Estate Affidavit in California to skip probate and directly receive the account from the bank. If I do this, do I pay the medical bills myself?

Answer: Listen to your lawyer. But you use the estate to pay the medical bills. If the estate runs out of money, you do NOT use YOUR money to pay the bills.


Title: My therapist left without telling me!!!

Question:
Hello I’m a new poster on this subreddit. On mobile need advice quick this isn’t my therapist but my friends’

My friend recently found out that her therapist up and left the practice without notifying her. She’s been on antidepressants for 13 years now with success. Sadly when she called for a refill she was denied because her doctor wasn’t there any longer. They were rude on the phone to her and won’t allow her to get a new doctor without a referral. This can’t happen because her old one left(they told her this). We tried all practices in our area to several cities away and no one is taking new patients.
She needs this medicine and is back into a corner with no help.
We tried primary care doctor but the nurse told her they have no openings until November and they can’t help her with antidepressants. Please I want to help her so I don’t end up losing her. It might be dramatic but I’ve seen her without them for one day, it’s not pretty.
Any advice will be helpful. Thank you

Answer:
 Legally, your only real option is to file a complaint about the doctor and/or office.

 [https://www.dos.pa.gov/Pages/File-a-Complaint.aspx](https://www.dos.pa.gov/Pages/File-a-Complaint.aspx)Answer #2: This isn't the answer you are looking for, but if your friend is a danger to herself or others, you need to get her help now.  Call 911 if it's a pressing danger.  If not, take her to the ER.   They may NOT give her the script she prefers, but they are fare more qualified than you and I are to get her through the next week alive.  We see the negative side of involuntary holds here at LA a lot, but they save lives and if you fear for hers, don't hesitate to get help on her behalf.

This question would be much better put to the medical advice subreddits.   They would be able to help you navigate the fastest way to get back under the care of a physician who can help.

The old therapist did NOT violate the law by quitting their job.  They don't have a duty to notify every patient or to make arrangements for each patient's ongoing care.


Title: Austria: Company will not pay me the wage increase from last year, they say that because I quit the company, they only want to pay people who are staying.

Question:
So, this is the full story, I live in ***Austria, Europe*** by the way:

I have worked at my company for several years now. Last year I was promised a pay increase due to my hard work. This increase would be valid for the next year (now the current year, 2016). At the end of January, this year, I quit (the company has a 3month notification period)

Every pay check I have not seen my pay increase, at first they claimed it was a mistake. The last month they have been "discussing" it. Now a week before I leave the company I have been told by 2 different people "We want to save the money to give to people who are staying. Because you quit, we are not obliged to pay you"

The proof of the pay increase is written in an email from my boss who clearly wrote the amount and when the pay increase would be valid from. I do not have a signed contract for this, but, I believe this email constitutes as a verbal contract which are, as far as I am aware, legal in Austria. The boss has also verbally told me he would go to court and corroborate what the email says.

This company has many strange standards. For example, we have all in contracts. This means we do NOT get paid overtime, but we can take off time in lieu. However, to make it really fun, at the end of each quarter, any overtime over 40 hours, is just...removed and many of us were put on understaffed projects that required daily overtime to keep up with our tasks. I have literally lost hundreds of hours of work due to this practice and it was never an option to take the overtime as a holiday because this has to be signed off by the management (who will never allow you to take a month off to balance your overtime)

Anyone familiar with European law aware of the legal situation here? Are these 2 practices in any way legal? I intend to 100% fight the company decision, we have many resources here (Arbeiterkamer, etc) to help people in my situation, but it would be good to find someone aware of the laws and rules in Austria who could tell me if it makes sense to persue this or not.

Answer:
 I'm not familiar with Austrian law but the arguments will I suspect be the same anywhere.

Your employer will tell you that you manager can't unilaterally give you a pay rise; your pay rise needed somebody else's authorisation, they didn't authorise it and therefore it didn't go through. Since your manager is on side, chase these issues with him and keep a record.

As for overtime, it appears that if you work longer than 40 hours per week, you should be compensated at a premium of 50% or time off in lieu. If you operate under a collective agreement, then this may also clarify the situation. There doesn't appear to be any relevant exceptions to this rule - however this is where my ability to comment runs out.


Title: (North Carolina) Apartment Complex Not Respecting My Emotional Support Animal help!

Question:
Hi! I recently stumbled upon this sub and decided to give this a shot.

I'm a college student who suffers from depression and anxiety, so I got an Emotional Support Animal. He's a dog and I got him registered through USDogRegistry.org.

My apartment complex requested a letter from my doctor stating my need for an ESA and I complied with their request because you can't physically see my disorder/disability.

When they received my letter from my doctor (which was beautifully written and directly states my diagnosis and that they believe my ESA will help alleviate the symptoms of my diagnosis etc.), they told me that it isn't sufficient and it *needs* to say the word "disability".

Under the Fair Housing Act, it states that mental disorders are considered to be a disability and that it is within my rights for my pet fee to be waived. I took that to my apartment complex and they still are saying that the letter HAS to say disability.

My doctor doesn't want to put the word disability in the letter because it'll make it harder for me to get insurance and things like that in the future, but he understands that my disorder disables me when I'm going through depression or when I'm having panic attacks.

Is there any way to fight this? I'm so frustrated because I cannot afford a $500 non-refundable deposit for my dog and he is an ESA!

Answer: Just because you were diagnosed with a mental disorder doesn't make you disabled.


Title: Dog killed neighbor's dog in gated, shared yard in Chicago, IL

Question:
New to Chicago. From CA. Adopted dog from Humane Society in NV 8 years ago. I took my Labrador out to go to the bathroom in our shared, gated backyard/parking lot late at night 3 months ago. She is very obedient off-leash and I've done this hundreds of times over the past including meeting and being friendly with the human neighbors. The neighbor forgot her dog (some breed of Terrier) outside, off-leash, overnight (admitted to this). The Terrier went for my dog and my dog bit him. There was a struggle for less than a second before I pulled my dog back, but the Terrier was gone already. I was the only witness to the event and I was in shock since nothing like this has ever happened before. Not even when she came across wild animals (raccoons, possums, coyotes, bears). I went to research what to do next, but before I could find an answer, my other neighbor discovered the dog and contacted the owner. I attempted to speak with the owner the next time I saw her, but she verbalized the intention to seek vigilante justice when she finds the person responsible. I feared for my safety and the safety of my family so I kept quiet and moved (it was a dangerous area of South Chicago). Now, a former friend contacted the owner and is helping her collect evidence against me. I've been cited by Chicago: failure to restrain. I have a hearing.  I don't want my dog to be put down and I don't want to go to jail. I feel terrible for what happened, but I don't think it was my dog's or my fault. I am willing to pay some restitution. What do I do now that my dog has killed another dog? Am I vulnerable from a legal standpoint? Do I need representation?

I know what to do now (hindsight is 20/20), but please no comments on what I SHOULD have done. I never saw this coming and didn't prepare for it.

Answer:
 Go to the hearing. I highly recommend getting a lawyer to represent you at that hearing, since you may otherwise say or do things that could put you at a disadvantage in any future proceedings relating to this event.

As for your potential liability-  I'm not barred in Illinois, so I can't comment. Animal laws can vary substantially by state and municipality. Answer #2: This is definitely something I'd want a lawyer for. The other dog was unrestrained, but so was yours. And that's against the law and resulted in the owner's loss. And you're the only witness that can attest to what happened (and didn't immediately report what happened either). This isn't a great situation for you. This is something you'll want professional legal help with.


Title: [IL] can my landlord refuse to fix a rusty and faulty gate lock because Chicago says it’s “illegal?”

Question:
This is my first week at an apartment in Chicago.
I have keys to an incredibly rusty gate that leads right to the stairs up to my front door. The keys halfway work on the outside lock (it’s a tough turn but manageable) but the inside is incredibly rusty to the point where I can’t even stick my keys in.
So I have to basically, if I want to use the gate, use the outside lock by sticking my arm in between bars and contorting it to seem as if I’m opening it from the outside while standing inside my gate. My landlord said he’d call 311 as they had to approve changing the lock but apparently it’s illegal for him to change the lock??

He states the previous tenants added the lock without his approval and according to the city he cannot add a lock to that gate himself in the event that the fire department or police needs to get through. So he suggested I either use a bike lock (off the record) or I leave the gate unlocked. Neither which I’m comfortable with. Part of the reason I got this apartment was due to the lockable fence.

Does he have an obligation to replace the lock?

Also, the fence reaches around the back and has a lock around the trash area too. He says he has no key for that area so he suggested I walk all the way around the front
Of my house and down the alley to throw my trash out. Does he have an obligation to allow me to throw my trash out in the better and more convenient way?

Answer:
 Why don't you buy a small $2 can of WD-40, and use the little red straw thingy that it comes with to spray the WD-40 inside the keyhole and on any moving lock parts that you can find.  Then move any moving lock parts back and forth so that they get coated with the WD-40.  Repeat that process as needed over a few days.  Hang onto the little can of WD-40, because you'll likely find other places to use it.Answer #2: Not legal advice, but have you tried shooting some WD40 into the lock?Answer #3: As to the legal aspect, I'm pretty confident he can legally refuse to replace a lock he didn't install himself or approve, and the city has told him is illegal.

He could, perhaps, be required to remove the lock, but it doesn't sound like you want that.


Title: My friends uncle wants to give him money before he dies, but without the executors of his will finding out. Is this possible?

Question: [deleted]

Answer: Subterfuge isn't necessary here.  Until the day he dies, providing he's in his right mind, he can give his money away to anyone he writes.  Uncle writes check, friend cashes check, everyone is happy.


Title: Thinking of dating a friend who's under 18.

Question:
Location, NC, US.
She's 17 and I'm 21. I know it sounds a little weird, but we get along great together and have known each other for a pretty long time now. She's been bringing up the idea of us being more than just friends, but I'm not sure if it's legal given our age difference, otherwise I'd go for it.

Answer: The age of consent in NC is 16, but make sure you don't receive explicit photos of her until after she is 18Answer #2: NC age of consent in 16 so you are good to go. Make sure you wrap it up.


Title: My family member was one of 4 people laid off, all four are overweight and have health issues and were given a letter stating how much was spent on their health issues. Is this something we should pursue?

Question:
My family member is >40 years old and has high blood pressure.

The severance letter he was given (not signed yet) says that he is not allowed to participate in any lawsuits against the company.

The company is large, > 500 employees.

&#x200B;

What would be a good next step?

Answer:
 I would at least call some employment lawyers. This is a complicated area of the law - I don't believe this scenario is explicitly illegal, but there have been lawsuits for similar circumstances. I've seen at least two interpretations: that the firings are a violation of ERISA (which does not directly protect this but does regulate health plans broadly), or that they're a veiled form of age discrimination against the 40+ (which is explicitly prohibited under the ADEA).

&#x200B;Answer #2: Do you have the exact wording of the letter? PII redacted of course.


Title: Wrongful arrest???

Question:
A while back I was pulled over for not wearing my seatbelt. When I gave the officer my license, he ran it, and told me I had a bench warrant for my arrest. He put me in handcuffs and took me to the county jail even though I told him that it couldn't be real, after all, I have a concealed handgun permit that had been issued after this "supposed" warrant. I proceeded to sit in an overcrowded holding cell for 12 hours asking the correctional officers if I could have my phone call. They finally booked me because my family showed up, (my mom worked as a dispatcher in a different county), and they found that the warrant didn't exist, just as I had told the police officer and the correctional officers.

&#x200B;

Through the whole experience, I am out $600 bail, even though there was no warrant or charge, a medical bill for my ribs from laying on the concrete floor, 3 missed days of work (1 for arrest, 1 for recovery, and 1 for a day in court). The judge told me I was daft if I thought an officer arrested me for a warrant and it didn't exist but he found that I was right and they were wrong.

&#x200B;

What are my options in a civil lawsuit against the county? Is it wrongful arrest? Is it false imprisonment? What is it?

&#x200B;

Thank you in advance.

Answer:
 If the warrant existed in the system, probably none.

Feel free to talk to some lawyers, but I doubt your damages are high enough to interest a good one.


Title: Do I have a case for wrongful eviction?

Question:
I'm a 23 year old college student living in California. In mid December, I found a poster from a family renting a room in their house and I moved in.

Just yesterday, my landlord came into my room, claimed it was excessively messy, claimed that I was somehow ruining his carpet (I don't own any furniture yet, and was keeping my clothes in boxes placed on the floor), and asked me to move out by midnight. He also complained about an odor in the room which, to the best of my knowledge, no one else has noticed. When I pointed out that I am entitled to at least 2 weeks advanced notice, he threatened to have me forcibly removed by the police if I wasn't out by 12am. So I left.

There's a bit of backstory leading up to this, basically he had threatened to evict me last Wednesday for the same reason. However, I cleaned the room, he saw it, and agreed that it was in a proper state. I documented everything, I have pictures and videos which prove that nothing in my room was in any state of disrepair and that the carpet, walls, bathroom etc was not damaged in any way. I know I'll be able to successfully sue if he should chose not to give me my deposit back, but am I entitled to any sort of legal recourse for the short-notice eviction?

If it's necessary, I can further explain the events leading up to this.  But that's the bare bones. Right now I'm homeless, and attempting to manage two jobs as well as schoolwork. I just want to know what I can do.

Answer:
 Sounds like an illegal eviction to me. You had established tenancy. He had to give you notice to vacate. You shouldn't have left. If you want to move back in you can call the police and say you have been locked out of your home. Or you can (in most States, probably CA included) sue him for your damages due to the illegal eviction.Answer #2: Was the "odor in the room" which "no one else noticed" marijuana?

Why would you be worried about explaining the situation to the police?


Title: Dad is getting overworked, Wanna report the restaurant

Question: My dad's a sushi chef in a restaurant in Charlotte, North Carolina. I don't know details but I'm under the impression that employers are legally required to give employees a lunch break and moments to rest if their shift exceeds like 5 hours. Yesterday my dad came home after an 11 and a half hour shift without time to eat or sit down. I have no idea how to start, but I want this to address this. I've never made a post on reddit before so uh, please go easy on me

Answer:
 NC does not mandate employers give any sort of break for workers over 16. Unfortunately they can make him work as long as they'd like without a break. Working long hours with no breaks/meals is sadly very common in the restaurant industry.

IANAL, but I've waitressed a lot

[NC DOL link](https://www.labor.nc.gov/workplace-rights/employee-rights-regarding-time-worked-and-wages-earned/what-know-about-breaks)


Title: My dad passed away 15 years ago, his mother stripped me of my legal rights to his ashes, gave away everything he owned. Do I have any legal grounds?

Question:
As the title states. My grandmother on my dad's side hid my father's death from family and friends until two weeks after he passed. After the funeral and investigations were over. She donated all of his belongings and even kept half his ashes and gave the other half to a family friend, stripping me of my legal rights to them. Also there is belief that a life insurance policy which would be court ordered for me to be the beneficiary that may have been manipulated into going to her. I know it's been 15 years and there are statute of limitations but I'm not sure if maybe there's anything I still may be able to do. Any and all advice welcomed!

EDIT: This all happened in Florida, though I've heard my grandmother has since moved to Colorado and I as well moved out west so that may make anything I can do a bit more difficult.
Topic:
Wills Trusts and Estates

Answer:
 IANAL nor am I knowledgeable enough to help you but it may help others help you.

Was there a will?

Did his estate enter ~probate?

Who was responsible for executing said will and/Or if there was no will responsible for probate?

Were you estranged from your father (not sure if this helps)?

Was there life insurance, and if there was was, who were the beneficiaries?

Was there indication of what your father's wishes were?

When did the ~probate/estate close?


Title: Got simple assault charge, should/can I claim self-defense?

Question:
I was very drunk yesterday and got into a bit of an altercation.  I'm not sure exactly what started it, but I vividly remember being hit by a girl.  She was with a couple friends (one guy, one girl).  I did my best to protect my face and get out of there, but I did end up shoving her fairly hard, to the point where she fell.  I went to go meet up with some friends and had to walk past the area again and I guess they had called the cops and ID'd me to the officer who promptly cuffed me.  I was very cooperative with the officer, and he said he was giving me the lightest ticket he could, but he had to give me one.

I think claiming self defense is the best way to go.  I don't know what started the fight, but she was hitting me in the face, and I shoved her and then got out of there immediately.  I am considerably bigger then the girl (6ft 200 vs 5'6 140?).  I do plan on hiring an attorney if needed.

edit

My question really boils down to these few things:

1.  How hard will it be to get this dropped, or reduced to something that won't show up on my record?
2.  Is there anything I can do now to potentially get this dropped before it gets to court?
3.  Would the DA's potentially throw this out before it got to court.
4.  Besides the police report/summons, what other documents are available to me regarding the incident.

I'm in Virginia if that helps

Answer: You can claim self defense but whether or not it will hold water is another story. Hire that attorney and speak only to their firm in regards to the matter. I personally think that you will have a difficult time claiming self defense of you were intoxicated enough to not remember the altercation entirely


Title: School is refusing to honor my 504 plan and preventing me from graduating.

Question:
Hello, I'm a senior in High school, thank you for taking time to read my post. I am have a variety of health issues but the one at play here is my anxiety and overactive bladder. Because of these issues it is extremely difficult for me to get to class on time. At my highschool one tardy = one detention so I've raked up a lot of tardys over the past few years.

However after being diagnosed with my conditions I applyed and was given a 504 plan, which states I am allowed to use the bathroom at any time. And be up to 5 minutes late to class.

Since we are nearing graduation I've contacted my school Dean asking to be cleared of my tardy detentions because I believe they are invalid regarding my plan. But he is not a corporatable person. He has never replied to any of my emails. My parents called him once and he said he would look at my emails but he still never responded and has never picked up a call or responded to a voicemail from my parents since.

At my school the Dean is the only person with the ability to clear detentions. My school's 504 coordinator has said all she can do is defer me to the Dean and she has no way of clearing them herself.

I don't know who I can go to. I'm not allowed to graduate with the amount of detentions I have and there is not enough time in the school year to clear them either. I have not tried emailing the principal or super intendant, but I got to a very large school that deals with much bigger issues than mine, it's likely that they would just tell me I have to work it out with the Dean.

Is there anything I can do, I don't even know if the Dean is still reading my emails at this point. I'd be happy to answer any questions in the comments. Thank you.
Topic:
Disability Issues

Answer:
 With school disputes, a good place to initially go to is above the Dean. The school board or the superintendents office can lean on him to do his job properly, and it saves you from having to get a lawyer involved. I'd try contacting them first.Answer #2: Have your parents hire an attorney, and have that attorney send a letter to your school's 504 coordinator, with a copy sent to the dean. Shouldn't cost more than about $200. I'll be surprised if that doesn't light a fire under someone's feet.

If that doesn't work, the next step would be the US Department of Education's office of civil rights.

(800) 421-3481
www.ed.gov/ocr
E-mail: ocr@ed.gov


Title: Debt collector called be about a 10 year old medical bill

Question: I just received a call from a company called Dynamic Recovery Solutions. I did verify all my information with them. They are telling me that I owe a $600 medical bill from 2008. I have never seen this bill, it does not show up on my credit report and I have always had insurance. It seems by googling that this company buys old debts and tries to get you to pay them. I won't be paying them and told the lady as much. I let he know that if I did receive this bill that I would have submitted it to my insurance and obviously it is too late to do that. Did I just re-open an old debt that could be put on my credit report and I will have to pay just by verifying my name and address with these people?

Answer:
 It wouldn't be re-opened by confirming your details, but would be if you agreed that it was indeed yours.  Below is a link to a really good blog post regarding dealing with collection agencies.  See #4.  It may depend on how you said what you said.  If a company's business model is to buy and chase very old debt, they may have a liberal interpretation of what you said to argue that you indeed acknowledged the debt as your own.

https://blog.credit.com/2017/04/50-things-anyone-dealing-with-a-debt-collector-should-know-168944/


Title: Can New York City employers no longer ask for salary history from applicants?

Question: I'm not sure if this is the best place to ask this question because to some degree it's more of a general interest question rather than something that I specifically need help for.  I read recently (and you can too, here: https://www.nydailynews.com/new-york/nyc-employers-no-longer-applicants-salary-history-article-1.3022023) that on Wednesday, April 5, 2017, New York City Council passed legislation barring employers from asking job applicants how much money they made in past jobs.  Now the title of the article says, "can no longer," present tense.  But the first line of the article says, "will be banned," future tense.  My first question is: has this already been passed in the sense that it will definitely go into effect, if it hasn't already, without anything additional needed from some other part of government? I'm not too familiar with how legislation gets passed in NYC, but, for example, maybe the Mayor still needs to sign it into law or something.  If it has already been passed, and nothing further is needed from the Mayor or anyone else in order for it to take effect, my second question is: has this already gone into effect or is it scheduled to go into effect at some future date? If it has already fully passed and gone into effect, my third question is: how does this apply when an employer has more than one office, one in NYC and the other, let's say, in Jersey City, and either tells prospective employees that their job will be split between the two offices or that they aren't sure which office they'll be located in? Does the law apply then? My fourth question is: what if the job applicant lives outside NYC and are filling out an online job application for a position in NYC, does the law apply there? My fifth question is: what exactly is the enforcement here? How will this be enforced? If a job applicant is asked either on an application form or in an interview how much money they made in previous roles, it may be difficult for them to refuse to answer the question on the grounds that it wasn't legal that they were asked it.  Some online application forms for jobs in NYC make salary history fields mandatory and require the applicant to provide a digital signature attesting that all the information they provided is true to the best of their knowledge, so leaving the field blank or entering 0 or all 9's or some random number is not possible.  If an applicant were to be in an interview when this question was asked, it may be awkward for them to refuse to answer it on the grounds that them being asked it is illegal.  So what exactly is the enforcement mechanism? Is there a way to file a complaint after this question had been asked on a form or in an interview? If so, how do you file a complaint?

Answer:
 http://www.ndtv.com/offbeat/new-york-city-just-banned-bosses-from-asking-about-past-salaries-1678388

> The city's Public Advocate, Letitia James, said it would affect about 3.8 million workers when it takes effect in six months and extends the prohibition to private employers.

Answer #2: It has not gone into affect yet but most smart employers will start to follow it sooner to make sure they do not break it once it goes live. Informing hiring mangers and updating paperwork type thing.

If employers do not want their employees talking about wages then they should not ask others.

Answer #3: Enforcement will be through the city's anti-discrimination/equal opportunity commission. They have something along those lines. Answer #4: Paging /u/shady_landlord and /u/foghornlawhorn.


Title: My recently widowed mother has offered me a 20K mortgage down-payment to stop asking questions about my dad's will

Question:
Using a throw-away because.

I'll try to keep this as brief as possible. I'm not here for therapy but rather for advice on what to do next. Please excuse the sob-story details but I feel its necessary to get the full scope of what's happening.

We are a southern Ontario family. My mother, "Jane", is not a compassionate or generous person. Picture upper-middle class, white British background, comes from prestigious military family, hardcore christian. Jane has always had ample resources and money at her disposal. Jane suffered from postpartum depression with all three of her sons (I'm the eldest) and always refused treatment for her severe anxiety. My father, "Al", was usually absent, a career-obsessed high-ranking union boss who traveled more than he was home. Jane had full control over familial matters, Al always went along with whatever she suggested.

Jane was very clear to me growing up that she would never provide any kind of financial support for my education, career, or family if I chose to have one. She always told me that giving me money for my education would be a waste since I'd party it all away (in reality I've put myself through college twice on my own, graduating both times at the top of my class). She pushed for me to enlist as infantry and refused to support any other career path. Jane has made financial promises in the past to me or my wife to get attention and appear generous, especially around others, but later on she will conveniently forget about the arrangement and will play dumb if confronted. She has never once made the 40 minute trip to visit her own grandchildren, claiming her anxiety is too severe to travel. She created a boys' room in her house, complete with twin feather beds and rustic art, to show off to her friends... but refuses to allow her grandchildren to stay overnight.

Jane treated her middle son, "Hank", even worse growing up. We're talking real physical/mental/emotional abuse. I've always been close to my brother Hank, we know we have to look out for each other.

She openly played favourite with her youngest son, "Gord", treating him like her baby and spoiling him constantly. Gord refuses to talk or even message me, Jane has full control of him and works to keep us separated.

My entire life I've fought to stop my parents from mistreating Hank while Gord received lavish gifts, (like a brand new SUV or car), all while I was ignored and left to fend for myself.

We also recently discovered that my father, Al, abandoned his true first child, a daughter, along with her mother back in the 80's. She was only an infant when he ghosted from their lives. She is now a drug addict and mother of three living in squalor. Somewhere along the way Al opened up a secret bank account for her and was providing her with substantial support, although that came to an end around 2013 and it's all been spent on drugs since.

Right now if you're picturing a more depressing version of the Bluth's then you're on the right track.

Which, up until recently, I was more or less able to cope with. I've been able to help Hank due to my own career success, and I've been able to help myself through counselling. I've matured and achieved some stability while starting a new family for myself, free from past mistakes. I was finally able to not let Jane, Al and Gord have influence on my future happiness.

Al passed away 20 months ago from cancer. I suspect Jane inherited a sizable estate from Al's life insurance and pension. I don't know the contents of his Will since she's refused to show it to me or my brothers, though I strongly believe she gets full control of everything legally.

Leading up to the funeral, Jane couldn't handle the arrangements, eulogy, etc. due to her anxiety so I stepped in and did everything. While I took care of all the details she repeatedly promised to provide my wife and I with a new vehicle once the dust had settled. We couldn't afford a car at the time and we were struggling to get around with our babies using public transportation. I left my family at home, took the train and stayed with Jane for two weeks to help her out. I felt bad for her and it appeared like she had humbled herself and wanted us to be closer. I paid for all my own expenses and travel.

A few months after the service, once she felt a bit better, Jane did her usual trick of forgetting every car-related conversation we ever had. When I confronted her with a recording of her promise, she refused to acknowledge it. My wife and I had already made financial plans based on her promise and we were stunned when she reneged. Despite being the eldest son I received nothing and my mother refused to discuss inheritance with me. My wife and I have had financial difficulty since. I have three little children aged 1-5yrs (my brothers are both child-less) and we are crammed into a one-bedroom apartment. I broke off contact with Jane, but she doesn't care.

Hank was given Al's old work car, a 2008 SUV in rough shape. That's all he received. It broke down last year beyond repair. Hank wants to get married, he's been engaged to the same girl since before my father passed but Jane won't provide him with any more support. They are struggling financially.

In contrast, Gord has been given a brand new truck, had his wedding paid for, was moved into a duplex down the street from Jane, and she's constantly taking him to dinner, buying him supplies/food, they're going together on trips, etc.

The one thing my father Al had always wanted was for the house that he paid for to be divided equally among his three sons. I always suspected his Will clearly states this.

Yesterday, my mother shocked everyone by announcing she is getting re-married to a man she has been dating for about four months (she started dating six months after my father passed... they had been married for 25 years). I confronted her about it earlier today. Jane blamed her excessive loneliness for the speed of her decision. She even admitted that she wants to get married so she can have 'relations' without breaking any religious rules. They are planning to marry this December. She said she is going to sell/rent the house, purchase a RV, and travel around North America with her new husband.

New guy lives with an adult dependent, his son, who is mentally disabled. There are no real plans on how to set up the disabled son with care or living arrangements. The son is a well-known compulsive public masturbator. They both said he will have to "grow up and take care of himself" even though he clearly cannot hold down a job. Everyone else in their family refuses to care for him. New guy has two other kids; a son with a bat-shit crazy ex-wife who loves to sue people, and a daughter with seven kids who despises our entire family. New guy is also recently widowed and owns property which he apparently also intends to sell.

When I pressed her, Jane admitted planning to 'sell' the house to Gord and his new wife. She said it makes the most sense to give it to Gord because he lives the closest, spent the most time there as a kid, and is the only one who can afford it (which is a lie, his business is failing and he's selling his truck). I told her I know about Gord's business flunking and him letting go of all his staff. I said it makes more sense to rent the house to my family since we have three kids, need the space, we're both employed, our commute would be quite manageable, and we can actually afford it. She said no because we don't work locally enough.

At this point, I decided to guess that Al had put in his Will something about a 3-way split for the house. I said I knew about it and that if she gave Gord the house, somewhere down the road Hank and I would demand our shares of the real estate value and Gord would have to buy us out in order to keep living there. That made her pause and re-think her strategy. I must have guessed right about the Will. She said she had a 'counter-offer' for me (her words). She suddenly exclaimed that if I could find a home closer to where we already live, she would gift my wife and I the down payment, up to $20,000. It was heavily implied that this would be a payoff to stop me from going after the inheritance house. I have a skype recording of her saying this.

When I asked if she would need credit to cover the 20K, she laughed and said "I have more than enough stashed away to handle it", which basically confirms that she has hoarded my father's large inheritance for herself since 2016 and that she was more than capable of providing my brothers and I with fair, reasonable support, but chose not to.

I've since learned that after my father passed, Jane spent thousands upgrading the house, buying pets, and living large with daily yoga/nails/makeup/etc. I believe my father already had money set aside for a down payment for us, but Jane gave it away to other older family members so they could throw a big party. She's also recently donated large amounts to several charities.

I'm at a loss right now, I don't know what to do. On the one hand, I know if I wait until 2019 to roll around, my chances of getting anything at all out of Jane drop to zero. She'll disappear with her fortune and I'll never hear from her again. If I can arrange a mortgage quickly, I will be 20K ahead and perhaps have a suitable home for my growing family. On the other hand, I don't like the idea of trading 20K for what could be ten times that amount if the house were sold properly and I received my third as (probably) stated in the Will.

Any advice? Sorry for the long read. I'm guessing I probably need an estate lawyer or something.

TL;DR: My selfish inheritance-hoarding promise-breaking mother offered me a 20K mortgage down-payment for me to go away and sadly it might be my best option all things considered?
Topic:
Wills Trusts and Estates

Answer:
 1: contact a probate lawyer.

2: stop watching soap operas.


Title: [TEXAS] Landlord/parent-in-law started calling our rent "utility money" so she'll be able to evict us if it ever comes to that point

Question: [deleted]

Answer:
 That's not how this works. That's not how any of this works.Answer #2: It doesn't matter what she calls it, it's still consideration in exchange for a place to live. Do you have records to show you've paid every month or any other kind of agreement in writing. If you have text messages/emails make sure to save them all. Answer #3: It's unlikely a judge would be fooled by this.  If it looks like rent and pays like rent, it's rent.

That said, you should try to get a new place if you can.  You don't want to be the defendant in an eviction suit, win or lose.Answer #4: Doesn't matter what it is called, you are still month to month tenants. She can give you notice according to state law at anytime, and regardless of what it is called, the notice period is the same.


Title: Can an employer dictate how much a customer tips?

Question: [deleted]

Answer:
 If the hundreds of dollars tip was going to be on a credit card, there is a fairly good reason to not allow it.

There is a scam where the customer will later chargeback a large charge on their card to get a free meal/night out-
If the meal was $100 and they tipped $400, they later in the week or month will contact their credit card company to do a chargeback, saying it was a false charge or fraud. (of course this could backfire, but usually it works in the customer's favor). So by now the restaurant has rightly gave the $400 tip already to the server. Now the restaurant is out $500. They would probably ask the server for the tip money back and could also sue the customer for theft, but these things are a pain.

Easiest thing to do is disallow overly large tips on credit cards (although 20% is far too low. IME 50%+ is more common).


Title: Pulling a gun on my dog

Question:
Yesterday myself and the family took our dog for a walk at the park. This guy had his dog off leash while mine was on and his dog was whining at a distance at mine. At this point I will mention my dog is a pit bull with no aggressive tendencies, his looked to be a Queensland heeler. At a point where he was leaving my dog slipped his leash and approached his and began general dog stuff (jumping around, sniffing butts and the like) This gentleman kicks my dog in the ribs and draws his weapon (in a park with about 15 children under the age of 12) points it at my dog as I'm pulling it away and says to me "your dog is about to get fucking shot" after I pull my dog behind me I ask him what the deal was and he identified himself as an off duty peace officer (California department of corrections) and I ask for his badge number. He reluctantly gives me his badge and tries to angle it so I couldn't get a good picture. He then called the cops as we left saying my dog attacked him although he has no marks. My 7 year old son is now terrified to take the dog outside and thinks the cops are coming to shoot him. Do I have any legal recourse? Was drawing his weapon in this instance justified?

Side note: the gentleman in question is a prison guard, not a police officer. This happened in Kern County, CA

UPDATE: I have spoken with the local police dept and they said that drawing his weapon to defend himself was justified, however if he would've shot and there been no identifying marks on him or his dog to prove self defense it  could've moved to wreckless endangerment and ADW. I would like to thank you fine folks for your input, you've been a great help.

Answer:
 Tbh I wouldn't trust any pit that comes running towards my dogs. Too many bad experiences. Answer #2: >"off duty"

>prison guard

So basically he's one step up from mall security and he thinks he's hot shit.  Report it to the police and call the prison where he works if his badge had that info.


Title: Car towed illegally because of DMV mixup, should I pay the tow-yard?

Question: [deleted]

Answer:
 > but I had to pay $150 again because I lost the receipts for the $150

So it looks like your car was towed because of the alleged $150 unpaid tickets on your car, which means it was a valid tow.


Title: (CA) Pedestrian causes two vehicle accident on highway. What is the best way to receive compensation from pedestrian?

Question:
My buddy and I were involved in a motorcycle accident where I rearended him. He slowed down on the highway in front of me due to a pedestrian trying to cross. The pedestrian did not have right of way because he was crossing against the signal while we had the green light. The pedestrian also did not get hit, but we have a police report and witness statements claiming he was at fault.

My question is, what is the best way to receive compensation in this incident? I know a pedestrian struck by a vehicle may use his own auto insurance to get coverage, but can I also use his auto insurance to claim when he is not in a vehicle? (My buddy and I both only have liability insurance on our motorcycles.) Or is it best to just try and go to small claims court against the pedestrian?

Answer:
 There is almost no scenario where the pedestrian would be at fault for the damage caused by you rear ending your friend. This of it as anything other than a person in the road way, another vehicle, tree branch animal etc. If you friend attempts to brake and avoid an accident and you dont have proper time to stop the accident is on you. You have a duty to maintain a safe following distance, and clearly this wasnt the case.

Even had your friend hit the person, only then might the pedestrian be held liable, and then only for any damage the impact caused to your friends bike. IF you had still hit him that is on you. If a car rear ends another car, then in turn gets rear ended its 2 separate accidents.

So your friend should file a claim through your insurance and you should file one under your collision coverage should you have it.


Title: She is using a pickaxe as a self-defense weapon

Question:
I am currently protecting my sacred aunt/godmother from her no good husband. He was recently deported due to a DUI. Now he is back, and drunk everyday trying to take control of everything. He demanded 10k to pay off some debts,but became violent. He was close to hitting her, but her 10 yr old son tried to step in. Lucky, he (the son) was pulled away in time before taking a punch to his face. It was at this time the next door neighbor,and family friend dragged the enraged bastard away.

On Monday,he caught my aunt by surprise and asked if he can retrieve some tools to sell, and she said yes( she only opened the garage door and shut every door in the house). He took his tools and left before anything could occur( the entire neighborhood were spectating)

On Tuesdays, he hit both my aunt's and her neighbors car after a failed attempted break-in, Only a window was broken, any nothing else. She called the police to report the failed attempt and the damaged cars, and report who was the perpetrator.

Yesterday, He broke into the house (No one was home at the time) and stole a bunch of jewelry( both my aunt's and her daughter's) but my aunt speculates that he was after documents (mostly court documents) that she might use against him.

Now she is paranoid to be in her own house that she mostly paid for (she saved up 80k,and he only put in 18k), and constantly worrying about her kids. Unfortunately the house is in his name, and he demanding to be let in. She called me over to watch over her, but she needs help. There are some restrictions due to her being an illegal immigrant. She doesn't know what to do. She is trying to see it she can get the house and a majority of possessions in her name since she is the one who pays for them.  Any help would be grateful since she is scared for her family's safety, and I don't want to hurt the guy, but will if I have to.

Answer:
 The single best thing you could do for your aunt right now, on a legal front, is connect her with a divorce attorney. There really isn't a shortcut here - where there are a number of probable crimes here, the bottom line is that her life is bolted to his for as long as they stay married, and to protect herself she needs a divorce.

You might want to help her get in touch with a counsellor familiar with battered women, as well.


Title: Represented a client two years ago on a property deal but now she wants me to do more work. Is there a continuing legal relationship?

Question:
I represented a client two years ago on a property deal negotiating a lease, a right of first refusal and a purchase option. Now that the lease has ended the buyer wants to exercise the option to purchase from my former client. The buyer has taken 4 months to execute the option and is no longer paying rent. My former client wants me to send a demand and get involved again but I do not have time for the case. I expressed this to her and she became upset and said that since I was paid And it was only an email and a meeting I should do it. But I know I will get sucked in and it will be much more than that.

She paid me $2000 two years ago to negotiate the lease, option, and right of first refusal. I did that and was paid and I haven't heard anything about it until yesterday.

I never signed a fee agreement or termination of representation agreement with the former client. We were actually dating when I started handling the case and broke up before negotiations began (stupid to stay on, I  know.)

My question is: do I have a continuing duty to continue representation or am I done since I was paid for what I had promised to do?

Edit: this occurred in Louisiana

Answer: You've completed the work you agreed to in your initial contract, correct? And she's paid you in full, correct?


Title: Partner’s helicopter parents keep changing their mobile banking password on them

Question:
Some back story, my partner is 20 and in university their parents are paying for their tuition and they get a monthly allowance for rent, utilities, groceries and gas. Their parents keep changing the online banking password to see exactly how the money is being spent. Wanting to know where the money is being spent is understandable if they had a history of getting into trouble but they are a straight A’s student in a specialized program and is lucky if they have an hour of free time a day. Is it legal for a family member to take control of their account? What options do they have?
Topic:
Canada

Answer: If the parents are tracking an allowance they are paying for, this really isn't a legal one but a relationship issue. Yes, your partner can take charge legally of their own bank account,  but I'm betting the parents will just threaten to stop the allowance, which is totally legal,  of course.Answer #2: they can take their parents off, sure, but likely sacrifice the allowance. if it's that big of an issue, OP's partner might be happier if they just fill out the FAFSA and get a job. independence can be very fulfilling, and eventually will be necessary. it's a bad parenting job to control your adult kid like that because they're gonna be lost in the future. but of course, student loans are a total beast. if they're fortunate enough to have their parents paying, though, college is just a test of endurance after all.Answer #3: Your partner is free to reject her parents’ money and the rules that come with it. They are free to withhold it for any reason.


Title: Open carry of toy sword

Question:
Location: Sacramento,California, USA

Would it be illegal to open carry a foam sword, particularly in scabbard that would be made of wood? Trying to find a legal way to carry a sword, particularly a rapier, for the fashion of it without breaking the law. Is the [foam] sword being carried either by itself on my hip or in a wooden scabbard illegal?

Edit: Would wearing my cloak, which could conceal or cover it, impact the legality of this

Answer:
 In CA you are required to carry a real sword openly and sheathed. Concealing it is unlawful. Penal Code Section 20200. Some city laws are more restrictive than the statewide laws, and you can't bring a sword into many government buildings or schools. But it is generally legal to carry a sword sheathed at the waist, openly in CA.

In CA in this context a sword or dirk or dagger is defined as "a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death" So a foam toy sword is not a sword, it cannot inflict great injury or death. You could legally carry a foam toy sword openly or concealed, with or without a sheath.


Title: (NC) University Apartment Complex is Holding my Mail

Question:
Hello, I'm in my senior year and I live in a university run apartment complex. This year I decided to order my books through Amazon, and I paid for rush delivery to make sure that they arrived as quickly as possible when I got a feel for the ones that I would need. My books were scheduled to arrive this Thursday (1/19) and according to the tracker they did. However, I soon got an email from my apartment complex stating that they were overloaded in their "processing" of our packages, and that they were sorry for the inconvenience. It is now Saturday and I am still waiting for my books, some of which I critically need, which is why I signed up for priority shipping. I have two questions, one is can I demand my packages to be given to me (I know that they are in the apartment complex mail room) and two is there any way I can be compensated for my lost money on priority shipping? I talked to the student at the 'service desk" and was given the run around. she talked about how they were working as fast as they could to process our packages (as she played on her laptop). I see that title 18 part 1 chapter 83 says that the general obstruction of mail is illegal. Any assistance would be greatly appreciated.
EDIT: The books were shipped via UPS from Amazon

Answer:
 (IANAL.)  They are not obstructing the mail.  They are sorting and delivering it as fast as they can.  You and half the campus are all getting your textbooks, care packages, and start-of-term stuff delivered.  It is *all* getting delayed.  Your situation is neither unique nor exceptional.

Your expedited shipping is not going to waste; the sooner your package arrives at their sorting center, the sooner it gets to you, even if there's an additional delay.  (To note, when UPS is transferred for delivery to a USPS PO Box address, there is sometimes an additional delay of up to a day.)  If you paid to get it two days sooner, you will still get it two days sooner than if you hadn't.

Inform your professors of the situation if necessary.  Share a book with a classmate for a couple of days.  Answer #2: Were the books shipped to a PO box center at your apartment complex? Where they shipped via the USPS or a private shipper?


Title: A single residential home we want to buy in inner Houston shares a driveway with the neighbor. Both homes are 90 years old, but the driveway is fully included in the property lines of the home we want, and we cannot find any easement agreement.

Question: What do we do? We only want to buy this home if we can put a fence around our property. To make matters more complicated, the neighbors in question are also selling their property - they are elderly. Both homes are on the market now. Each property has shared the wide single driveway which is kept clear and just used to park vehicles in their respective yards. I believe the shared section may be just wide enough to be split in two - not sure. But I have read that constant use of a piece of property means the neighbors could possess some kind of rights to the driveway, even without an easement agreement. Both homeowners thought an agreement was on file, they never made one but believed it to be there when they bought their respective properties (one in 1988 - the one we want - and the other in 1994). I have had a difficult time trying to find out the rules for 100 year old shared driveways in Houston - all the ordinances etc are for new shared driveways. Also, there is a chance that us taking possession of all our property (if we buy this place) would mean the neighbors would no longer have a way to park on their own property. They would only have about 8' for a driveway. And we are not keen to buy the place unless we can take full possession of all of the property, and have our own driveway. I appreciate that disputes with neighbors can get awful - we're not interested in doing that and would even be ok with sharing the driveway with them until their house sells, and then putting a fence around our property. But we do not want to make stupid legal mistakes either. I know this is a weird case but if there are any real estate lawyers out there who see an obvious direction forward, I'd appreciate any advice.

Answer:
 > What do we do?

Buy another property. This is a mess waiting to happen.

Even in the absence of a recorded easement, if you remove your neighbour's access to the shared driveway, they may be able to sue for a prescriptive easement based on past use. Depending on how far back that use goes, they're reasonably likely to be awarded one, at which point you can no longer enclose that part of the property or otherwise prevent the neighbour from using it within the terms of the granted easement.

Since being able to close that section in is essential to the value of the property to you, pass on this lot and buy somewhere else.


Title: Request: Tips/Advice on researching and selecting a lawyer.

Question: Looking for general advice on researching lawyers.  I do have a specific thing I need assistance on, but I thought it would be a good topic overall and couldn't find anything in the wiki (forgive me if I missed it). Hit up google?  Yelp?  Go to that state's bar?  [Nationwide, but I guess Wisconsin if I have to put a location in.]

Answer:
 state bar is a good start.

But here's my $0.02 - Call your friends, business colleagues, and family and ask them for referrals for attorneys they've liked in the past, doesn't matter what practice area.  Call those attorneys and tell them who referred you and ask them for referrals for who they would use given your need. They aren't going to send you to a chump. Eventually two of those lawyers will identify the same person...and boom.


Title: [Oregon] Legal custody of my child, but I may want to move out of state...

Question: I have a legal custody decision in my favor for full custody of my child in Deschutes County of Oregon. What happens if I were to move out of state? My papers say she doesn't need to receive any visitation. My lawyer's last advice before I left her services said that the only thing I needed to do was just let the mother know where I lived (generally speaking). Not sure why. But my question is, how will an out of state decision affect my custody rights in another state?

Answer:
 You can't just move out of state without notice. Then the non-custodial parent been either agree or can fight the move. At that point a judge will make a decision on whether the move is in the child's best interest.

Jurisdiction will likely remain in Oregon for some time. The Order in Oregon should apply in any other state, though there are some caveats depending on where you live.

Edit: Oregon requires "reasonable notice" before you move 60 miles or more away. I'm not finding what they consider reasonable beyond that it has to be enough time for the other party to take legal action if they object to the move. Essentially, the more notice the better. You cannot legally move more than 60 miles without notice.


Title: International waters

Question: [deleted]

Answer:
 There are two concepts which are important - the flag state, and the coastal state. If you are within the territory of a nation, then they are the coastal state and can enforce their laws. The laws vary in what they can do based off of how far from shore they are - most laws extend 12nm from the baseline, certain financial, immigration, sanitation, and customs laws extend out to 24nm; and environmental resource management can extend out to 200nm. If you are outside the territory of any state, you are in international waters; and the sole authority is the “flag state” where the vessel is registered or originated. If it’s a US vessel, US law applies to It wherever It goes; even in international waters.

If the vessel is a “stateless” vessel, and doesn’t have a flag (or the flag state denies the claimed registration) then the vessel is treated as an “international pariah”, and the law enforcement agencies of ALL nations can enforce their own laws on It, even if there was no other nexus or connection to that other country.


Title: [CT] Was Just In A Car Accident

Question: [deleted]

Answer: Police don't determine fault. Your insurance company will determine that. If I had to guess, I'd say you'll be considered partly liable based on your narrativeAnswer #2: Just because the police found you at fault doesn't mean the insurance company will. Just relax and tell them what happened when you call. It's entirely possible that they will either find her at fault or split fault between both of you.


Title: Killer salad dressing

Question:
I woke up to these messages this morning:

June 16 2017

Re: Cease and desist illegal sharing of copyrighted material on social media

To: Me

From: Weed

Evidence on your Facebook social media platform indicates that on June 8, 2017 at 11:51 a.m. you illegally shared, on your personal Facebook page, a recipe for a weedkiller made using onions, garlic and oats which is copyrighted material created by me, Weed. You again illegally shared the recipe on June 8, 2017 at 12:14 p.m. on a Facebook group called “North Kitsap Community.” While I applaud your passion for natural methods, the recipe you published online does not belong to you. Publishing the material and instructions has cause financial damage to me and my company. You are hereby ordered to immediately cease and desist your violation of my copyright, or be found legally liable for damages to Weed

The recipe for a weedkiller made using onions, garlic and oats is copyrighted material created by me, Weed. The recipe is available only by purchase on my website. I spent years and thousands of dollars creating and perfecting this natural alternative to chemical weedkillers. This is a courtesy letter, ordering you to cease and desist using my copyrighted material. Sharing intellectual property that you do not own is financially damaging to me as copyright holder, and you may be liable for those damages in a court of law if you continue to willingly violate my copyright. To avoid prosecution to the fullest extent of the law, you will need to immediately comply with the following steps:

Remove the recipe from all social media platforms where you have shared it.
Provide information to me about how you came to possess the recipe. Did you acquire the recipe by purchasing it from me, or did you acquire it from another social media user? If you acquired it from another user, you must provide me with the name of that user and the social media platform, including the specific Facebook page name where you found the recipe with two business days to avoid further legal action.

If you fail to respond to both steps in a timely manner, the legal team will be forced to take legal action against you.

Your violation of my intellectual property rights must be removed immediately, or aggressive legal action will begin at the start of business on Monday morning, June 19 2017. Damages will be calculated based on the potential reach of your social media platform, including the number of people who are your Facebook friends or the number of members with access to the forum where you illegally published the recipe, the number of people who liked the post, and the number of times the post was shared.  If you do not immediately and completely comply with steps one and two outlined above, financial damages for copyright violation will be pursued to the fullest extent of the law. You are hereby also ordered to cease and desist from publishing any further information about my intellectual property, including the recipe, statements. Time is of the essence for your action. Damages and claims for damage are not limited to those items delineated in this courtesy letter of cease and desist.

Please give this matter your most urgent attention. Please let me know if you have any questions.

June 16 2017

Re: ADDENDUM: Cease and desist illegal sharing of copyrighted material on social media

To: Me

From: Weed

Regarding my previous communication to you regarding violation of my copyright. My records indicated that you purchased the recipe from me on June 10, 2014. As you may know, federal law does not allow for the copyright of a list of ingredients, but does allow for copyright of measurements, instructions, and legal agreements regarding copyright at the time of purchase. You have illegally published and distributed my intellectual property and legal proceedings against you will be filed on Monday, June 19, 2017 unless you immediately agreed compensate me for damages. Contact me immediately. Time is of the essence.

ADDENDUM TWO (Cease and desist): My copyrighted material and instructions, illegally rewritten and shared by you, to date has been shared 15 times from your original North Kitsap Community Facebook page post, 2 times from your post on your personal Facebook page, and 14 times from a copy of your post shared by Person on the “My Sustainable City- Port Orchard” Facebook page. You have 873 Facebook friends who have been able to view and take the recipe from your personal FB page. There are 6,464 members of the North Kitsap page whom you have given access to my material, and 346 Port Orchard members who have had access to the illegally published material. This means you have illegally given my material and instructions to 7,683 people so far, and this does not include the 31 times the recipe has been shared since you first posted it. I am investigating the total reach from each of those shares. The recipe costs $29.99 to purchase. The cost per person you have given the recipe to so far is $230,413.17. This amount does not include the 30 shares and re-shares of your posts on Facebook so far, so this amount of damages is preliminary. If wish to avoid legal action, you must promptly comply with the following:

You must immediately facilitate the removal of my material and instructions from your social medial platforms, as well as all 31 shares and re-shares of your illegal posts. You will also be held liable for any future re-shares of my material from your post, should they occur.
You must quickly negotiate a settlement with me and my company for the financial damages inflicted.

Time is of the essence. I request that you contact me immediately to begin settlement negotiations or I will file legal action on Monday morning.
----------
I've only responded that I removed the posts and he is welcome to submit a DMCA to Facebook. Does this hold water?

Answer:
 Did you, by chance, post about this in the North Kitsap Facebook group earlier today?

If not, he must be sending these things to tons of people.

If so, you're my neighbor, lol.Answer #2: So did you purchase the material and then republish it without permission?