Title: Neighbor claiming my deceased husband owed him $900

Question: I am in Kentucky and I lost my husband unexpectedly in early April.  A neighbor just came over and claims that my husband had a tire roll into his son's car causing $900 in damages.  My husband never mentioned anything about this which would have been extremely out of character for him.  My husband would have at least mentioned it to me, even if just in passing.  When I said that my husband hadn't mentioned this and asked if he had any sort of report, he didn't.  Do I need to pay this?  I do have a probate lawyer that is handling the estate which unfortunately has no assets any more.  Should I contact my probate lawyer or would I need to contact a lawyer for myself?  The neighbor wants a check or my home owners information to file a claim.  I told him that I would need to reach out for legal consultation and he started to say that my husband tried to hide the fact that this happened.  At that point I ended the conversation. I would really appreciate advice.  Thank you.

Answer: Ignore it. Don't pay it. If he actually does anything, then worry about the next move. Answer #2: No. Tell him to cough up proof or pound sand.


Title: Does my friend have a claim against Lowe's?

Question:
I share an apartment with one other guy.  A few days ago he lost his key, so he took my key to Lowe's and had them make a copy.  A few hours later, he returned the original to me, and I put it back on my keychain thinking nothing of it, and left town for a business trip 6 hours away.  The same evening, he goes home and finds that the copy will not turn the knob no matter how hard he tries.  Eventually has to have a locksmith come out, and because we live in a small town, the closest and cheapest rate he could get was $140 to have someone sent out, because we live so far from anywhere.

&#x200B;

The locksmith got the door open and we've since had a mom and pop store make a copy of the original key, and it worked fine.  The locksmith mentioned to my roommate that Lowe's is notorious for this and has had many similar lockout calls because of Lowe's, because they only "calibrate their key-making machine" once a year.

&#x200B;

Does my roommate have any legal recourse if he escalates this with Lowe's and they will not reimburse him?  In other words does he have a viable claim for Lowe's to pay the $140 locksmith fee because it's foreseeable that their negligence could cause this to happen?

Answer: Why would you not test the key first? That’s like....rule #1 when making a copy is test it. I really doubt your friend has any legal recourse for not making sure it worked first.


Title: My boss has me write my own checks

Question:
So I am a 1099 self employed car salesman in California. I think there something fishy going on and seek advice. I get paid bi weekly via business checks from my boss. He makes me write the check though with my own handwriting. He never writes the checks with his own handwriting and the signature used is not his personal signature.  Its a made up signature used for all checks written to people like me, vendors, everyone. Is there something fishy happening.  Please advise.
I'm located in Northern california

Answer:
 The bigger issue is that you are almost certainly incorrectly classified as an independent contractor. You should file a complaint to the department of labor.

There isn't any problem signing checks with his permission.Answer #2: >the signature used is not his personal signature

As long as he's not *misrepresenting* the signature as being from another party (as in signing "Barrack Obama", or "The Starbucks Corporation" or "Deceased"), that doesn't matter, it's a unique mark indicating that he viewed and approved the document.


Title: Employee sleeping on the job, do I pay them while asleep? - CA

Question:
I've been searching but can't find an answer - can someone point me in the right direction?

&#x200B;

I have an employee who I've discovered has been sleeping on the job.  They person has been terminated and is due their final check.  Is it acceptable to deduct the time they were documented asleep this during this pay period (security camera shows them at their computer, computer screen blank, solidly asleep multiple times) from their final check, or am I required to pay them while they were at work even through they were asleep.  This was during standard 8 hour shifts.

Thank you!

Answer:
 Just pay them and move on.Answer #2: I am a lawyer and I have no idea if you have to pay him or not.

I will say this. Is the 8 hours he slept that week worth potential issues with your states labor department?

I don’t know if you have to pay him. But from the risk/reward standpoint I say you pay him.


Title: [Ontario] Bulldozer and construction equipment abandoned on property 2 years ago, nobody wants to claim it. What can be done about it?

Question:
I am asking this on behalf of my SO's parents because i have no idea how to help them with this.

Her parents live in the middle of nowhere and the nearest major city to them is Timmins which is almost an hour away.

Spring of 2016 the county paved and replaced the road infront of her parents place. During this they asked for permission if they could store some construction equipment on the edge of their property.

However when the work was done, a tracked bulldozer and some other heavy equipment were left seemingly abandoned on the edge of their property. After a few days apparently they were able to get in touch with the company who did they work and they were informed that it would be collected and removed within a few days.

In September 2016 they were unable to get in touch with the company any longer, following this her parents fled to Florida for the winter.

In May of 2017 they returned to discover some pieces of equipment were removed (or stolen idk what). I was able to find someone on linked-in who worked for the company and told me that the company went under in late 2016. This person gave me the name of the owner and contact information for the owner which unfortunately was out of date.

Their county has told them repeatedly they do not have the capability to remove the machine or the equipment, and since they don't have the keys for the machine it makes it kind of a moot point.

They are currently trying to sell their land/house, and apparently the fact there is a bunch of construction equipment sitting on the edge of their property is an issue. Someone they know has offered to come and collect it all free of charge but they aren't sure if they can legally do that, and if the company who owns it comes looking for it, what would happen?

Does anyone know what exactly should be done here?

Answer:
 Is it a bobcat by any chance?  If you get the model and serial number, you can get a key made.  Within the same family of earthmover they all use the same key.

I didn't not think you have much recourse with the city, since permission was given to park the stuff there.

You might want to find out who handeled the bankruptcy proceedings for the company, it might interest any debt holders that there is capital equipment that is still available for auctioning off.
Answer #2: Check with the Provincial Storage and Liens Act to see what you can legally do.


Title: Sony/PlayStation and Minnesota 325F.80 RETAIL SALES OF CONSUMER GOODS; REFUNDS.

Question:
I'll try to keep this short but if you want more information look at the bottom for more information.

**TL;DR:** Does the [Minnesota Statutes 325F.80](https://www.revisor.leg.state.mn.us/statutes/?id=325F.80&year=2014) allow me a refund because PlayStations [Terms of Service](https://www.playstation.com/en-us/network/legal/terms-of-service/) about refunds font is [under 14 points?](http://i.imgur.com/edd7UFy.png)

___

So I bought [this](https://store.playstation.com/#!/en-us/games/accel-world-vs-sword-art-online-launch-edition/cid=UP0700-CUSA07993_00-AWXSAOLAUNCHED00) game on PS4. This game had no screenshots or gameplay at the time I when purchased it. After I bought the game and played it I realized it wasn't like anything I found online. Then I decided to pursue a refund, I found out PlayStation didn't accept refunds but decided to ask anyways. When I was talking to customer support they directed me to the [Terms of Service](https://www.playstation.com/en-us/network/legal/terms-of-service/) and kept saying they couldn't refund me. I knew that in some places online sites had to allow refunds so I decided to look into this quick.

I found [this](http://consumer.findlaw.com/consumer-transactions/customer-returns-and-refund-laws-by-state.html) site for quick information and looked at Minnesota, this was the [source](https://www.revisor.leg.state.mn.us/statutes/?id=325F.80&year=2014) the website gave me. My interpretation of that, as a non-lawyer, is that if the bold font about refunds in the ToS isn't 14 points then I'm eligible for a refund. So I used [this](https://ux.stackexchange.com/questions/18884/how-to-check-correct-font-size) site to help me find the font size and [this](http://reeddesign.co.uk/test/points-pixels.html) site to find the pixel(px) to point(pt) conversion. [This is what I found.](http://i.imgur.com/edd7UFy.png) The font size isn't big enough.

Now I know this is going in deep just for a 60$ refund but I really do feel cheated. I thought I was getting a different product because they didn't have any screenshots or gameplay to show me what kinda product I was buying.

____

**Sources:**

Minnesota Statutes 325F.80: https://www.revisor.leg.state.mn.us/statutes/?id=325F.80&year=2014

PlayStations ToS: https://www.playstation.com/en-us/network/legal/terms-of-service/

The Tos font size: http://i.imgur.com/edd7UFy.png

The game page: https://store.playstation.com/#!/en-us/games/accel-world-vs-sword-art-online-launch-edition/cid=UP0700-CUSA07993_00-AWXSAOLAUNCHED00

The game page 7/18/2017 screenshot: http://i.imgur.com/B2wBRhh.png
Topic:
Consumer Law

Answer: You shouldn't feel cheated. What you should feel is encouraged by your willingness to do work to get what you want. I am really proud. I think you have no case, but I am really proud. If you were my kid I'd tell you to write all this up and send it to Sony and request a refund.


Title: Retaliation for sexual harassment complaint

Question:
[deleted]
Topic:
Employment Law

Answer:
 Hostile Work Environment is a legal term of art and contrary to popular belief, it does not mean that the workplace was hostile in the colloquial sense. Rather, it refers to a pattern of discrimination or harassment as a result of an employee's membership in a protected class. Please see [this link from the EEOC](http://www.eeoc.gov/laws/types/harassment.cfm) to better understand the advice you may receive. The majority of situations that many consider a hostile work environment do not meet that definition legally.

*I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/legaladvice) if you have any questions or concerns.*


Title: [Connecticut] 1099 Contracted Intern, haven't been paid for the month of August yet and Boss has been lying about sending my invoice to the finance department

Question:
I'm a paid intern for a Federal Grant Holder in the state of CT. I was promised a 3 month stipend of $6k for the summer ($3k in June, $1.5k in July and August.) After the stipend, I was kept on as hourly (still as a 1099) for $17 an hour because school started again and I can't be working 35+ hours a week anymore.

I was expecting my stipend for August around the 15th of September because that seemed to be when the checks were printed and mailed from the state department. It is not the end of the month and I conteacted the representative who handles our invoices directly because my boss has been saying she doesn't know why i haven't been paid. The response from the State is that they never received an invoice for my August stipend and no invoices for the change to hourly pay. My boss has repeatedly ignored responding to my emails so I have nothing in writing about her submitting the invoice.

I really have no idea what to do about how to get paid. Help please!

Topic:
Other Civil Matters

Answer: Talk to HR yourself, go above your boss' head to his boss. If they are unwilling or unable to help then go the [Connecticut Department of Labor - Wage and Hour](http://www.ctdol.state.ct.us/wgwkstnd/forms/wgfmintr.htm) to complain. You worked, you get paid. That's the law. If your boss is defrauding the company by not filing the proper paperwork then that's not your problem. You just need to be paid.


Title: SO and I in custody fight for his daughter...just found big violation on mom's part. What to we do?

Question:
We are in Iowa. SO and I are not married. His daughter (ten years old...I consider her my Step Daughter) has lived with us since October so mom could get on her feet again. SO filed for custody in early December when we realized she missed over 60 days of school last year.
SO has temporary custody for now. There will be mediation in a few months and then possibly a trial. Bio never called or saw SD before being served. We were also still paying CS and bio mom only stopped it after being served. The judge ordered that bio mom come get her(mom lives 4 hours away, same state) every other weekend and we go pick her up. So far no one has missed a pick up since December.
SO is compiling his case. Yesterday while searching online he discovered that bio mom got a ticket just a month ago for driving while suspended. She failed to mention to our judge when he made the order that she had no license. The ticket is under her maiden name.  Her SO also has no license so the two of them have been driving here every other week to pick up SD when neither of them have a license. I also have a video bio mom took while driving down the interstate with unbuckled kids in the car. It's terrifying! Do we sit on this and present it at trial or does SO tell his lawyer now? SD is not terribly close to her mom but likes her visits because she gets to see her grandparents whom she adores. We don't want to erase bio mom from the picture, we are committed to keeping her other family in her life(we are on friendly terms with her grandparents on bio moms side) but we also need to keep her safe. This is a big development and it could really help us. Advice?

Answer:
 > Do we sit on this and present it at trial or does SO tell his lawyer now?

Tell the attorney.  Follow their advice on how to proceed.Answer #2: wow. talk to an attorney, 60 days is unexcusable.


Title: Will I lose unemployment if I turn down a job far away? (Located in MN, USA)

Question: [deleted]

Answer: IANAL but 21 miles seems typical for commuting based on my experience. Answer #2: I really highly doubt 21 miles is going to be considered unreasonable. I've driven around that for every job I've had.Answer #3: "OP's lazy" is actually a pretty valid reason to cancel unemployment. Answer #4: If you refuse a job, you will loose your unemployment, period. That is why they stress heavily, both in the handbook and in the unemployment office, that you should never apply to a job that you would refuse.


Title: can i get fired over my appearance?

Question: i want to grow long hair but idk if id get in trouble with my employer if i do. also im a guy cuz i know that makes a big difference.

Answer: In the US, yesAnswer #2: Your state matters. Your job matters. Your employee handbook, if there is one, matters. Whether you are willing to wear your hair neatly pulled back may matter.


Title: Irresponsible sister is trying to get power of attorney from my widowed father

Question:
This is in Ohio.

About a year ago, my mother passed away in a gut-wrenching healthcare ordeal for the whole family. My dad, who is in his early 70s, has taken it hard (we all have), and recently he's had a few troubling mental lapses.

For instance, the other day we were playing cards and Dad couldn't follow the action and kept putting his discards on the draw pile. Another time he was helping my sister lift the turkey out of the oven, and then he just let go of it and walked away. She barely caught it.

Most days, he's 100%. We don't know if his intermittent problems are due to depression, or possible Alzheimer's onset, but we're concerned.

Now, I have two sisters we'll call Amy and Sarah. They're both considering moving in with Dad to help him out, because he hasn't been taking care of himself, and now that Mom's gone we feel the family needs to be closer.

Amy is the responsible one. Sarah has a bad history. She may be bipolar. She stole Amy's identity once, and ran up several thousand dollars in bills in her name, which Dad paid off unconditionally. She has committed fraud. And she has lived under huge debt her entire adult life - she doesn't seem to be able to control her impulses when it comes to shopping.

Now, Sarah is planning on moving in with Dad (which I support, they both need each other), but now she's pressuring Dad to grant her power of attorney. Also, she's trying to block Amy from moving in.

Based on her history, it seems pretty apparent that Sarah is angling to get control over Dad's money. Dad's pretty much a pushover with her, and I'm worried she'll get control, take everything, and disappear, leaving us with a destitute father to take care of. And with Dad's declining mental health, I'm worried he'll grant her the power of attorney if she bugs him enough.

Now, I know Dad's money is his, and he can do whatever he wants with it, but I'm worried my sister's behavior is predatory and could have some awful consequences for him.

So I'm wondering, do we have any options available to us? Is there any way to block her from getting power of attorney, based on her history? Or do I have to just stand by and watch all this unfold?
Topic:
Wills Trusts and Estates

Answer: Consult with an attorney experienced in elder law and consider preemptively seeking power of attorney for another more responsible sibling or party, creating a trust with your father's assets to provide for his care, with an independent trustee who cannot be influenced by your sister, or alternately petitioning the court for conservatorship before your father is able to make a bad decision regarding power of attorney for your sister. The more proactive you are about this the better off everyone will be.


Title: Is it legal to offer a great dane breed dog on the internet only to not sell the dog?

Question:
I recently was looking to buy a great dane puppy. After research on the internet I came across a private breeder. He claimed the dog had a champion bloodline and was offering 750 for the dog.

I live in Hawaii and he is in the D.C. area. The money went through and an hour before the dog was supposed to be flown out here, he said he cant ship him in his kennel. I call him back half an hour later to work things out and he has since sold the dog, took my money, and has blocked my number, not allowing me to contact him in any way.

How do I get my money back? Is this a lost cause?
Topic:
Douche

Answer: That was a scam. There never was a dog.Answer #2: You got scammed. There was never a dog.Answer #3: How did you make the payment?


Title: Scratched a car, didn't want to go thru insurance but now...?

Question:
Mid January I scratched a car in the parking lot where I work. Left my info, they contacted me two days later and the sum of our conversation was a mutual decision to not involve insurance and that I would pay to fix the damage. They sent me an estimate this week and my response to them was that I would make the check out to the auto shop and deliver the check to them or the shop directly. They stated they wanted the check made out to them.

So my questions are, why is it not appropriate to pay the shop repairing the vehicle directly?
What do I do now? (I damaged the car, I want to pay for the damage, not hand over a decent amount of money to be spent on anything)
Would I be in trouble for making a claim at this point in time.

Located in NY, United States.

Answer: What does it matter what they spend the money on?  You damaged the car and are responsible to make them whole.  If they want to leave the scratch, you still have to pay them for the damage.  Give them a check for the estimate, if you believe it is a fair price, and have them sign a release that the payment is in full consideration of the damage done and they are not entitled to anything more.


Title: Can employer roll their payroll processing fees to the employees?

Question: My company assets have been acquired with the promise to the employees that moved to the new company, that the company that was bought will pay them the salaries owed to them. They now received the money from the acquiring company  and instead of processing it all and give us the money owed, they try as part of the release forms to make us pay for the payroll processing fees which are estimated to be around 10&#37;\-12&#37;. Is there anything we (the employees) can do?

Answer:
 Yes. You can sue them for 10x damages if they even suggest such a thing. I'm basing that off the statutes of Atlantis which I decided to assume is your location.

In other words, you need to share your location.


Title: House we bought has a septic tank and not city sewage.

Question:
Ok, first of all I live in Iowa. Me and my Fiancee bought a house two years ago it is solely under her name (yes legally stupid to not be on it but it works for us and I really don't care about that at all). So 2 1/2 years ago we were looking at houses there were 3 things we looked at specifically:

1. Central air

2. FHA loan compatible

3. City sewers.

My fiancee grew up in a rural area and hated all the issues with the septic tank and said no way to screwing around with a septic tank. We found a property looked at it and loved it. I have a very good memory and remember looking at the website for the realtors and it saying city for sewage. I even remember the realtor walking us through the house and saying the property had city sewage since she knew that was one of our concerns. So long story short we bought the house. 3 months afterwards we were talking to our neighbor about the previous owners since we never got to meet them due to the house being in foreclosure something that wasn't told to us til the offer had been accepted. So our neighbor explains to us that no we have a septic tank. We call the city water and sure enough they tell us the same thing. So we are really not sure where to go from here. I know the file on the realtor's side has been changed to reflect the septic status. Is there any precedence for this. We have been duped into a situation neither of us wanted. We had issues with a terrible smell in the house for awhile did some basic septic maintenance and that cleared it up. Either way we were completly shocked that it was on a septic tank. There is no way we overlooked this.

Answer:
 > and it saying it was city for sewage.

What is "it"?

> My fiancee grew up in a rural area and hated all the issues with the septic tank

Sounds they had a poorly running septic system. Millions if not tens of millions of homes are on septic and don't have problems so long as basic maintenance is done.
Answer #2: A very similar set of facts was posted just 10 days ago (different state though). Maybe the comments there will be helpful:

http://www.reddit.com/r/legaladvice/comments/34ug82/arkansas_seller_property_disclosure_indicated/Answer #3:  Did you not get a home inspection? The inspector should have included this. Also it should have been on some documentation during your closing.

That being said, septic systems normally last a long time. Call a septic company to have it pumped. Tell them you don't know where the tank is. They'll be able to find it for you. They might charge a little more if they have to dig down to the tank.  Make sure you mark it so next time you can dig yourself. You'll need to get it pumped every so often, either determined by local regulations or size of the tank, whichever comes first. Other than that they are a piece of cake. Likely will cost you less than the extra taxes you would pay to the city.

Obviously none of this is legal advice.

Edit: Forgot to say congrats on the first? home and seriously don't let this get you too worked up, when I say septic systems last a long time I meant decades.


Title: My boyfriend is in the US on expired visa and got arrested for theft yesterday. Bail hearing delayed because DA hasn’t delivered paperwork. Is he being deported?

Question: The clerk at the courthouse said the DA hasn’t delivered the paperwork because they’re waiting on a signature on a complaint. Would she know that though? I’m worried the delay is because they’re getting deportation papers. Is this a possibility? Any help or advice would be much appreciated, I’m extremely worried and don’t know what to do. Do I need to get him a lawyer?

Answer:
 Yes it’s possible. In fact, probable that he is going to be physically removed from the country. The only thing here is if his case is adjudicated first. Yes, he needs a lawyer for whatever charges he is facing. But the lawyer probably can’t do much to help him if he’s under a deportation order for an expired visa.Answer #2: Given Trump's new no tolerance immigration enforcement I'd expect he will be treated with no tolerance.

So depending on the value of the goods expulsion and being barred from ever returning is very likely

Yea get dude a lawyers advice, but its pretty open and shut case, illegal immigrant on expired visa caught in a criminal act....no real defense Answer #3: You didn’t mention what state you are in, but in the state where I practice, the DA wouldn’t know someone’s immigration status unless it was part of the police report. Because your boyfriend is not documented, there is a very high chance that ICE will be present at his arraignment anyway. I would start consulting with immigration attorneys so you have one you can hire when he is detained.


Title: Decided to stand up to pushy cop, got put in handcuffs illegally. What are my options?

Question:
Moved to SC a few years ago and have had a few encounters with cops asking to search my car during traffic stop, stopping me on the street, etc. without a good reason.

A few weeks ago this happened again and I decided not to cooperate. I drove to a friend's house around 8PM and was finishing a text conversation in my car (sat in my car for about 15 minutes) when a cop pulled up. Apparently a neighbor had reported a "suspicious" car in the neighborhood.

I tell cop why I'm there and why I'm sitting in my car, but I say I won't show him my ID and he doesn't have a right to have it. (There's no stop-and-ID law in SC.) No swearing or yelling. He asks me to step out of the car and puts me in handcuffs and calls another cruiser in.

After they run their checks and look in my car through the windows and see they don't have anything on me, they let me go.

Annoying, but if it hadn't been an on-going issue I would brush it off. Here's my point. If they're doing this to a white guy with a clean record, they are treating minorities, poor people, or people with a record worse. If I could use my experience to reduce the aggressive police situation by pressing charges or filing a compliant I may choose to. What are my options?

TL;DR Cop asked for my ID without suspicion of a crime, put me in handcuffs when I refused. There's no stop-and-ID law in effect in SC so this was illegal.

**Edit:** Looks like I was wrong about it being illegal. Thanks all

Answer:
 Maybe they're wondering if you are casing the neighborhood for a burglary, as it's kind of odd to sit texting in your car for 15 minutes. If you feel they detained you inappropriately you can file a complaint with the police department.Answer #2: That is totally legal. Your activity gave them a reasonable and articulable suspicion that criminal activity is afoot. They briefly detained you while dispelling that suspicion. Looks perfectly acceptable.

[*Terry* stop](https://en.wikipedia.org/wiki/Terry_stop)

Answer #3: The cop did nothing wrong


Title: Commonwealth of VA trying to limit my right to work

Question:
So, I have been a teacher for Arlington Public Schools in Virginia for the past three years. This summer I began to run into trouble when, on the day that all contracts for the 2018-19 school year were sent over, mine was simply not included. I was told not to worry; however, I did start the process of figuring out what my contract status was by trying to contact our HR department. The folks over there gave no response to me or the school assistant helping me and others in this situation.

I really did try to get someone to let me know whether I was still officially employed by APS, but no one responded to any of my phone calls, voicemails, or emails. Finally, one person replied, but would only forward my questions on to someone else and get no response. I asked this person twice via email for someone to confirm that my contract was on the way, but he ignored both emails. Eventually, I just had to look for another job.

I was finally sent a contract on August 3rd, just about the same time I got a much better offer. I, of course, took the better job and let APS know within a few days. My bosses and colleges are very understanding about this situation, but as I am trying to cooperate with the resignation process, I get an email from HR (finally) saying they need to know the details of my departure because--seeing that I did not notify them by June 25th that I would be leaving--I am leaving APS With Prejudice and will need special permission to ever teach in Virginia again.

I see absolutely no reason why, after years of perfect reviews and hard work, the county and state governments should now get a say in where I can and cannot work. Clearly I could not give them the 30 days notice they wanted on a contract I received 20 days before the school year!

Their justification for this was cited as simply the "Code of VA" which I believe references [§ 22.1-304 A](https://law.lis.virginia.gov/vacode/title22.1/chapter15/section22.1-304/), which states

>If a teacher who has not achieved continuing contract  status receives notice of reemployment, he must accept or reject in  writing within 15 days of receipt of such notice.

Now, I did let them know within 15 days of receiving my contract; I just received my contract months late.

The contract I signed does have a paragraph:

>The employee may request that the school board release the employee from the terms of this contract by giving the school board thirty days notice in writing and setting forth therein the reason considered just cause for resignation. In the event the school board declines to grant the request for release from the contract on the grounds of insufficient or unjustifiable cause, and the employee breaches the contract, the school board may pursue remedies prescribed by the Board of Education or other remedies consistent with law or contract. The license of the employee may be revoked under rules and regulations prescribed by the Board of Education.

But it also states:

>This contract covers the period 08/24/2017 - 06/20/2018.

As far as I understand: my contract ended on June 20th after which time I was no longer under contract with Arlington. It was their obligation to provide me with a new contract to sign before this one expired. I am, therefore, no breaching contract in any way and cannot have the the government of Virginia limit my right to work.

Do you guys have any advice? Do you know a lawyer who would offer a free consultation and could work on this with me?

Answer: This is too specific for us to help with.  Find a local lawyer.  Ask other teachers for recommendations, call some firms that you find online, or talk to your union rep if you're unionized.Answer #2: Your teachers' union or other professional body often has lawyers available for members in legal disputes like you. Call them up and try to get them working for you. It's what you've been paying those dues for.Answer #3: nela.org


Title: (NC) Is asking for medical clearance to participate in a program a HIPPA violation?

Question:
Thank you in advance for your help!

I am starting a charity organization that provides a service to specific set of the population ( cancer patients and survivors).  This service would include hair and beauty services, so it could include exposure to materials and chemicals ( such as hair dyes, etc.).  For two reasons (first-because the health and safety of our clients is important to us and second, unfortunately, because we want to ensure that the potential clients have actually been diagnosed because sadly there are too many occasions when people lie for personal gain) we want to get a medical clearance to participate in our program.

Our plan is to have a form to be filled out by a treating physician that does not ask for specifics about treatment or diagnosis, but instead it lays out the service we are offering and has two check boxes- one that states that there are no foreseeable medical intervention on the patient that would restrict the patient from participating, and one that states that in the current course of treatment, the patient should avoid certain products or services ( and a blank space to fill in products or services), and a place for a physicians signature, name and contact info.  The form would be given to clients for them to have their physicians fill out.  There will also be a general liability waiver for the client, but this is just an extra step to both protect our clients and reduce liability.  We have an attorney who will be reviewing our contracts in two weeks, but I would prefer to go in with the contracts/forms on solid footing and not waste their time or ours.

I'm viewing this as similar to getting a medical clearance for a child to participate in a sport, but I want to make sure that I'm not missing something that may be obvious to others.
Topic:
Healthcare Law including HIPAA

Answer: Permission from a doctor to participate in an activity is not PHI.


Title: Being pursued by Social Services by overpayments that were made to her mother. Can we fight this?

Question:
My girldfriend is being charged over $3000 for overpayments they made to her mother when she was a very young child. Apparently, her Mother was given quite a bit of money that she did not need without reporting how much money she was getting from work/ child support.

Their explanation as sent in their letter : "You were overpaid due to the child support your mother received on your behalf and from your mother's work earnings. Child support and wages were not reported timely. Although the overpayment was incurred when your mother was your payee, you are found liable since the funds that she received was used for your support and maintenance."

Now obviously my girlfriend was not involved in reporting earnings or requesting those payments so it seems straight forward to us that she would not be responsible, but seeing as the government is confident enough in these charges to pursue a payment we were wondering what legal standing we have. We'll get a chance to review their file on Friday, but we were hoping for a better idea of what to expect in advance, seeing as the final meeting to decide if she is responsible is next Monday.

Answer:
 If GF's mother was receiving child support AND receiving public benefits for child support, then your GF benefited from the overpayment.

Often what happens is a parent receives child benefits while the father isn't paying.  Later, the father is made to pay, but instead of paying the government back, his payments also go to the mother.

That means mother was double-dippin' at the government trough.  And it was done for GF's benefit, so GF has some liability for repayment.

*How much* she benefited may be disputable, but the government can do this.  They've been aggressive about it in recent years, even seizing peoples' tax refunds.


Title: (Vegas) Public defender no-showed, now I have a warrant

Question:
Las Vegas, NV
I had a Drug Paraphrenelia charge on 6/12/2017, with requirement to submit 14 clean UAs by 8am on 8/9/2018. It took several months,  But I ended up entering a private rehabilitation center Jan 1st, 2018. I completed a 3 month program and was released 4/3/2018.

I called my public defender on 8/8/2018 to confirm that my rehab paperwork would suffice for the court's 14 UA requirement and was told to bring paperwork to court.

My public defender (Bellon) did not appear in court on 8/9/2018. I waited for 2 hours in court and was told to "talk to my lawyer". I was also told he is "a court-ordered private attorney, not a public defender".  I called and left messages that day and did not hear back. I left messages on 8/10 and did not hear back. I just checked my file online and my case is now in warrant.

What do I do? I do not have money for a lawyer and I do not have a vehicle. I live 45 mins from court and had to take an Uber for my hearing. What happens now? I am trying to turn my life around and prove to my ex and our kids that I am a changed man. I just want to resolve my mistakes and move forward.

Answer:
 Did you actually go in front of the judge or just talk to the clerk?Answer #2: >I live 45 mins from court and had to take an Uber for my hearing.

Do you have a receipt or something showing you did this trip you can turn into a printout? It would help show you were present.

Please write your state bar; this behavior by your attorney is 100% unacceptable, unethical, and he needs to be held accountable for it.

That said, if YOU were present you should not have a warrant for non-appearance. If you can't get your attorney on the line, I'd call the clerk and explain what happened and go from there. If you show in person, you'll just be thrown in jail.Answer #3: Did you call your attorney via cell phone? If so, keep records of you calling your attorney on the specific days. Contact the court and let them know what's going on. Your case being in warrant status is not terrible, but it will likely be worse for you if it you get picked up via traffic stop or they come looking for you.

Contact the public defenders office and ask if theres someone who can talk to the court on your behalf.  Let them know that you were assigned an attorney but he has not been responsive to your inquiries. I've seen defendants contact the court itself but I dont know how effective that is.

Answer #4: [ACLU has a lawsuit in effect](https://www.aclu.org/blog/criminal-law-reform/effective-counsel/rural-nevada-right-counsel-depends-size-your-wallet) for this same sort of problem that you're encountering. Insufficient legal representation in violation of the constitutional rights of defendants in Nevada.


Title: Two consecutive speeding tickets in two days! Help please!

Question:
First time posting in this thread. Looking for advice on current traffic ticket situation.

Basic info: I'm a 23yo who lives in Southern California and have been driving 5 years with a clean record (no tickets, no accidents, squeaky clean etc).

Yesterday I just received my first speeding ticket for going 60 in a 45. They said it'll take two weeks for the packet to arrive in the mail. And with my luck I got a second ticket literally this morning 1 street down from my house leaving for work. Cop said I was 57 in a 40. Im not asking for any sympathy or way to cheat the system but I want to know how to handle these tickets. I know I can take the online driving school to remove one of the two points but is it worth fighting the second ticket in court? Or in other words is there any way to avoid the one point on my record? At this point I'm fine with paying but I definitely don't want the point. I read somewhere online that a judge can offer a 12 hour driving school and I still pay the fine but it's recorded as 0 point violation. Can I do the normal traffic school online for one ticket and beg the judge for the 12 hour exception for the second? Sorry for long post but I'm freaking out (obviously) right now haha

Answer:
 You can contact a traffic attorney to deal with both of your tickets and get you the best outcome.

Stop speeding and you'll find you'll never get speeding tickets.


Title: My grandmother is holding my moms opiate pain medicine against my mothers will and giving it to her when she deems necessary not when she needs to have it.

Question: My mom has chronic pain with arthritis, osteoporosis, and 3 herniated discs. 2 weeks ago my mom had a compound fracture and had to get rods and screws inside her leg. When my mom get another perscription from the hospital she asked my grandma to hold on to it and give it tp her when she needs, but as my title says she has been giving it to her when she only thinks she needs it. It says one every six hours and the doctor said to double up  while she is healing if she feels she needs to. Well my grandmother being the over controlling person she is has gone full dictator over her medicine and sometimes my mom will be crying in pain and she wont give it to her. Some days she would only give her two a day saying "you dont need this medicine all the time" acting like she doesnt even have a broken leg or all these chronic pain problems she did before. She will certainly not let her double up like the doctor ssid she could. So needless to say when my mom got her refill on saturday she was not going to let my grandmother have her perscription again because of her constant negligence. Well my grandma gave her an ultimatum. Either give her the medicine or she would have to find somewhere else to live which is completely ridiculous. My mom. Cant work and is basically bed ridden most days because on top of the chronic pain she for one has the broken leg and two she has addisons disease with all kinds of other problems which basically keeps her from work. So what can we do about this? She made a deal with her the first time i understand i figured that might play a roll but she definitley did not want her having this refill and considering its a schedule 2 drug i figured legally there is no way she would be able to keep this.

Answer:
 Your grandmother can't just kick her out, nor can she control her medicine without consent. She can terminate your mother's tenancy with the appropriate notice, however.

The nuclear option here is to call the police. Another possible solution is to have a different third party dole out the medicine. Answer #2: You should contact Adult Protective Services. Your mother is a dependent adult, and your grandmother is abusing her. APS should intervene and will get police involved if necessary.Answer #3: Grandma could be violating federal controlled substances laws right there, not to mention ordinary theft. Time to call the cops now.Answer #4: > So what can we do about this?

Your mom can call the police. Your grandmother can evict her by whatever the legal method for eviction is in your state. You should talk about this with a counselor, because that is a seriously screwed up situation for you to be put in.Answer #5: Is your mother getting disability? If not, she should start that process now.


Title: [New baden, IL] Looking to sue parents for child abuse, possibly identity theft

Question: [deleted]

Answer:
 >I am looking to get all, if not majority of the money I lost. Along with that, I am looking to have the credit hits against me removed and or transferred to my parents. My credit currently is 525 (I've been rebuilding), and I have 3 parties seeking payment in excess of $2,000.

You have no civil damages. You were 18 and thus a legal adult, you did not have to sign anything you didn't want to.

You could report any assaults to the police. None of the other stuff is illegal, despite being crappy behavior from parents.


Title: I am renting an apt and received this letter on my door Friday. What should my next steps be? Located in Madison, WI.

Question: I have been living in these apts for a year and a half.

Answer:
 What does the letter say?

Edit: based on the text of the letter, stop using weed in your apartment.  What other advice would you like?


Title: Can I have someone prosecuted for dissemination of revenge porn? [California]

Question: I was recently sent sexts of a woman who I previously was in an LTR with for 9 months.  She informed me that the pictures were sent by her boyfriend (who she dumped me for) against her will while they were fighting and going through a rough patch.  It's my understanding that this violates the California revenge porn laws?  Can I report this and get him charged?  I screenshotted and saved proof of receiving the pictures, and of her saying they were sent against her will, so I have evidence even though she has gotten back together with him and does not want to press charges.  It's my understanding that it's up to the prosecutor and not the victim, is that true?  I would like to cooperate in the case against him because he slept with her while we were together and continues to mistreat her regularly.  I think her family would support me as well, because they do not like this guy and expressed regret that we broke up.

Answer:
 > Can I report this

Yes

>It's my understanding that it's up to the prosecutor and not the victim, is that true?

Yes

Fully expect to be shocked when she gets charged for this.


Title: Patron just dined and dashed and I have to pay at the end of my serving shift in 3 hrs. Help! What should I do? (Illinois)

Question:
Writing this from the bathroom at work on my break. 2 customers just walked out on a $50 tab, and the manager says I have to pay out of pocket. I only make 4.95/hr base plus tips. I know this is standard practice at restaurants, but it's never happened to me and I'm wondering what I should say when it comes time to pay up. I want to word my argument carefully and hopefully not pay, of course.

For more context - it wasn't even my table (I always watch diligently) but an order for pick up. Another employee handed off the food not realizing they hadn't paid. By the time I noticed, they were gone.

EDIT: Thanks, guys, for the help. In case you're curious, I did NOT end up paying out for the tab. After some back and forth, the manager requested that I pay 50%, but I repeated a few of the items you mentioned below and kept saying I wasn't comfortable with the policy. He essentially just gave me a warning and is not happy with me, but Im glad I didn't wimp out :) I'll keep my eye out for any suspicious deductions in my next check!

Answer:
 > I know this is standard practice at restaurants

It's actually not, and in most cases, illegal. Do not pay them cash and if they deduct it from your payroll, contact your state labor division.

Dine and dashing is just the cost of doing business, for the business, not you.


Title: Fired For Objecting To Uncompensated Overtime

Question:
With the attention-grabbing headline out of the way, here's the full story. TL;DR at the end.

Location: Texas, United States

**A tale of an unparalleled lack of professionalism.**

I have been considering posting here for some time, but was trying to work with my boss to come to an amicable resolution. As of today a mutual agreement is far less likely.

The setup: I worked for about five years for a small business (usually no more than half a dozen regular employees) that provided consulting IT services to the small business market. This was my first job after high school and some brief community college. This company is disorganized, to put it lightly, and lacks any means of tracking work time as defined by the FLSA (that is to say, there is neither a time clock nor a time sheet). We only track billable labor for clients. The owner is a casual guy whom I would characterize as unable to see more than 24 hours into the future. Issues are dealt with as he encounters them, with the minimum effort expended to put the problem out of mind.

My present dispute with my previous employer is in three parts:

1. Unpaid work outside of normal business hours for 2014

2. Potential wrongful termination for refusing to work uncompensated overtime.

3. A non-compete agreement signed in 2011

There was an ancillary dispute to (1) regarding uncompensated reimbursable work driving, but the owner has since paid that in full.

----

Uncompensated Back Pay
----

I was hired years ago as an independent contractor, a classification that has since been changed with the owner conceding that this was improper given the nature of the job. I and everyone else were paid a good hourly rate and did not generally work full time, business being somewhat slow. We were paid on the basis of client time, not "work time" as the FLSA would define it. If we drove 30 minutes each way to do 1 hour of billable client work, we were paid for one hour. At the rate we were paid, this was a fair arrangement in my view. It was an on-call job with irregular business; There would be days where I wasn't called in to do anything.

About a year and a half into this, things were starting to get busier, but company cash flow was inconsistent. To remedy this, we were all hired at salaries, based on our average billable hours at the time. In my case this was about 2.25 hours a day. These agreements were specific in not being tied to a performance expectation, other than availability during business hours (08:00 - 17:00). The owner explicitly said that if he called us at 17:01, we weren't expected to answer. If work needed to be done outside that window, we would be asked if we were available for it, and paid the normal hourly rate per client-hour for the work. It was ostensibly supposed to be time and a half, but that never happened. (I have documentation of this arrangement, which is fortunate considering the general lack of such paper trails.) Such work was relatively infrequent, and we didn't always get paid for it, but the issue wasn't pressed.

Since then, the workload has increased dramatically. There have been small salary increases, but nowhere near enough to maintain our effective hourly rate of compensation. This is annoying but becomes somewhat relevant later. As of 2014, the job was always full time, almost no exceptions. We were expected to show up at the office in the morning every day, rather than wait on call for an assignment.

With the company more busy, and with certain jobs only able to be performed outside of normal business hours, the demands for after-hours, weekend, and holiday work increased as well. I'm a team player and I needed the money, so I would take these opportunities anywhere they came up. This was not the usual sort of overtime work - these were relatively large jobs, or emergency calls, and for a few years I have been the only employee with the necessary skills and time to do them. Sometimes it was just a couple hours for work that could only be done at night, or a Saturday afternoon, but there have been several instances of going well beyond the call of duty. We're talking about all-night jobs, jobs where I would work through the weekend with two hours of sleep in my car. I worked 15 straight hours on Labor Day last year for a project nobody else was available to do. I did this because I needed the money, and because I was truly worried about what would happen to our customers if nobody else took care of them.

At the beginning of 2014, I was still explicitly asked to do these jobs, and told that I was doing so in exchange for extra money. This was made clear on several jobs. I was paid for one large job towards the beginning of the year, and at the same original labor rate on the basis of client-hours worked. But as the jobs increased, the money stopped coming. I would wait a couple pay periods with no overtime, then I might ask the owner about it, and he would say that it was coming, or that cash was tight right now but he still intended to pay. Eventually a few months became the rest of the year, and the extra jobs kept coming, and even some more explicit statements about getting paid extra for them.

It was clear that times were getting harder for the business, even as more work came in. We had lost our largest contract during the middle of my employment, which had been subsidizing much of the other work. Billing practices were poor - I estimate half of the work I did, on hours or off, was never invoiced. The owner became more evasive when I periodically asked about getting paid for work. Eventually, he started to say that he didn't think he owed me the pay, because I wasn't putting in 40 hours a week at the office. This was an odd thing to say, for three reasons:

1. Our original arrangement was that our salary paid for us to do whatever was asked of us during business hours, but after-hours work was to be paid the contract rate. At no time was this ever changed, implicitly or explicitly.

2. We were absolutely putting in 40 hours a week on average. At least. On my own time, I performed a detailed analysis of my whereabouts and work over the course of two months. The median week of working time (FLSA time) was just over 42 hours - before including extra time on the weekends. As my coworkers were suspecting as well, the boss was severely underestimating our workload. He would frequently come up with things for us to do "when we're sitting around twiddling thumbs". No such time existed in our workweek.

3. Our company has never had any labor time keeping mechanism of any kind. Certainly not a time clock or log, or even timesheets submitted by employees. The company only attempted to track client-hours for billing purposes. There has never existed any factual basis to make a statement on our workweek, other than the boss's own recollections and extrapolation. My personal time study is the only such data ever gathered at this company, and is entirely contrary to his feelings.

During this same time, the boss was falling behind on reimbursing us for mileage when using personal vehicles for company purposes. As work increased, the need for us to use our personal cars did as well. There were two vehicles available for company use, but four of us who might be in the field at any given moment. If they weren't available, we had no choice but to use our own. Our employment agreements explicitly included compensation for this. When I would ask about this, the boss would start to walk back on this guarantee. Instead, he would protest that he couldn't afford it, or that the customer's weren't paying him for it, so why should he pay us? I asked on several occasions that we standardize a new mileage policy that everyone could agree to, but this never happened.

At one point in the second half of 2014, I submitted an itemized list of mileage not paid, including each customer, ticket number, and date for each trip. The amount was nearly $600. Without ever speaking to me about it, the boss gave me a check for exactly $300 for mileage with no details on how he came to that amount. I'm certain he just made up a number he thought he could get away with.

By the end of the year, I had stopped assuming good faith on the part of my employer. For the past few months, I have kept extensive time logs and notes far in excess of what is required by the company to refute the boss's inevitable false statements. I asked for a meeting with the boss to discuss the matter of uncompensated overtime and mileage. It took a couple weeks for him to get around to this.

In the first meeting, I presented him with a list of jobs and mileage for 2014. (Note: There are countless instances of being forced to stay late or do small tasks outside of office hours here and there, but I did not choose to fight him on this. The amount of medium to large jobs on the list totalled over $6,000 already and I didn't want to be unreasonable.) His position was now that since he didn't invoice all of these jobs to the client, I shouldn't get paid for them, or that my getting paid should in some other way be linked to what the client was billed for the project. (Hopefully, readers here will not require an explanation as to how wrong this is.) He repeated his assertion that he didn't think I was working enough during regular hours, and that my pay for work outside of business hours should be offset by lulls in weekday work. Still, he acknowledged that he needed to make this up to some degree, signed off on a form I drafted that he had received the records, and promised to evaluate it all. This seemed like progress.

The next week, he actually paid the mileage in full. This was hoped for, but unexpected. Still, this was the least ambiguous area of my complaint, so there was no plausible way to say it wasn't owed. I consider this matter closed.

This week, he was able to meet to discuss the back pay. He had evidently read up on what he law was, and acknowledged that there were at least minimum requirements as to how overtime must be paid. However, he intended to apply this minimum standard in place of the hourly rate it had been previously established I was to be paid for such work. Additionally, he was now demanding detailed explanations for many time entries, in a manner that has never been the case for this company.

More important, he was trying to pay my submitted client-hours at the work-hours rate. Allow me to explain for those unfamiliar: A job may consist of a half-hour of driving each way, one hour of button-pressing, and one hour of standing around doing not much while waiting for the computer to do something. The client-hours that I would put into our ticket system would be 1. (In the case of after-hours time, I am extra conservative with this, to avoid accusations of padding time when I am getting paid extra.) In the same situation, the FLSA working hours would be 3 - the time spent actually doing work-related tasks for my employer, if not the client. There is usually around a 1:2 ratio of ticket-time to work-time in the day.

My boss was now trying to have it both ways - in addition to pretending like the arrangement we had to pay contract rates for after-hours work didn't exist, he was now trying to apply the lowest possible rate (effective hourly rate per FLSA work-hours based on salary) to the lowest possible measure of hours (ticket-time actually submitted for payment at the full rate). He was also attempting to whittle this down further, by demanding that I provide estimates for how much working time I had during each of the weeks in question, presumably to deduct each hour under 40 during the normal working week from the submitted after-hours work. As I have said previously, this is an impossible request, as no such data has ever been gathered. At no point in my employment have I clocked in or out or submitted FLSA work time sheets of any kind.

One fact that needs to be included here is that in his attempt to lower the amount owned, he eagerly included a payment he had made earlier in the year for one of the jobs I had put on my list. All fair, of course - if I was already paid, I was already paid - but the payment he was subtracting from the total was the full contract rate for the referenced job! In effect, he has provided still more precedent for the after-hours work to be paid at the higher rate based on client hours worked, and independent of the salaried on-call rate. This should be in my favor in establishing precedent for the higher rate for these after-hours jobs.

The last fact that is relevant: In our most recent meeting, the owner said he had lost all my signed employment contracts (we had three, I believe, based on a couple small raises). I don't really think this is deliberate on his part; The company is just that bad at keeping track of things.

**Question:** What hope do I have of recovering compensation for back pay in full?

----

Wrongful Termination
----

Having come to some understanding this week that the company was going to have to pay overtime to its employees, the owner announced in a meeting that we need to keep track of our time and notify management if we are nearing overtime. Additionally, there was no differentiation with after-hours work - we were to be paid the minimum standard under the FLSA. This is a reduction in pay, but I was willing to make the change if it was explicit and everyone would agree to it to remove ambiguities.

We weren't provided with any means to track this, such as a time clock, but as a stopgap measure it was progress. The policy was only meant for me, the only person who had pressed the issue, and I kept a meticulous time log for myself, the veracity of which has never been called into question (though this may change now that the boss sees me as a threat.) I went about my week normally, keeping track of time as I always do.

Today, I was sent with another employee to do a job a good drive away from the office. I had calculated that if I wasn't back at the office by 16:20, I would be over 40 hours for the week. At the same time, the client had made additional requests that expanded the scope of work, and it was unlikely that all of the work would be done in time for me to get back without going into overtime. I informed dispatch of this when I made a status check-in call before going to lunch, asking for them to make a choice on what to do.

While at lunch, the boss called me. I got him up to speed on the situation. He was clearly not pleased. I think he was taken aback that I did indeed work over 40 hours in a normal week, and that we'd run into overtime the first week the new policy was put in place. It has been my belief for some time that he is unaware of the full extent of what goes on day-to-day at the company, and what he sees as rare exceptionally heavy workloads are in fact the norm. His tone was one of frustration, surprise, and anger.

He said it was important that the job get done today, but didn't authorize overtime pay. He made a vague offer of time off next week. I reminded him that such time-averaging arrangements are not allowed by law. He really didn't like that. "I will not be threatened with the law!" was his immediate response. I said that I was not making any threats, but that was the policy, and I needed a decision one way or the other as to whether to continue work. He then said something angry to the effect that I had a bad attitude that he couldn't deal with. Me and my coworker were ordered back to the office immediately (poor guy was almost done with his job, but there was only one truck.)

When I returned to the office, I was asked to turn in my office key and credit card, collect my things, and leave. I was handed a letter of termination he had written on the way over, which alleged, in a scattershot list of complaints, poor performance and insubordination. I went home after that.

I think it's quite clear that I was fired as an act of retaliation for mentioning the overtime regulations, and refusing to work without pay. The ostensible reasons for my firing are laughable, as you can probably imagine. Why would an employee who was insubordinate and ineffective to the point of requiring termination have received steady raises and increased responsibility in the time leading up to the firing? The owner alleges that I fail to complete my assignments, spend too long on service calls, don't respond to emails, and schedule appointments without authorization. All of these are vague enough to be hard to prove or disprove; They're just thrown in the list for added flavor.

The letter also says that I have been complaining too much and "dictating the way the company should be run." I do make complaints, which the owner usually finds have merit, and I have insisted we implement better time tracking to avoid running afoul of the law. The owner dismisses such things as being "too corporate". I suspect he regards my continued employment as a threat, as I have started to become a hindrance to his desired business of keeping no records whatsoever and demanding employees work as long as he desires.

**Question:** Do I have a good case for wrongful termination? I was fired immediately after refusing to engage in an illegal practice. I think this is unambiguous. However, what type of remedy, if any, could I receive for this in court?

----

Noncompete Agreement
----

This is the most troublesome for me. In 2011, prior to becoming a salaried employee, I signed a noncompete agreement with the company. At the time, the boss joked that it was an unenforceable formality, a gesture of good faith. However, in my termination letter, the boss asks for acknowledgement of this agreement before receiving my final paycheck. The scope of the agreement would prevent me from doing anything related to my speciality for a 100 mile radius around the company for two years after termination of the employment contract for any reason. Needless to say, this makes establishing a career very difficult without major changes to my life or type of work.

The interpretation of noncompete agreements in Texas seems to be in a state of flux over the past few years, so I'm not sure what to make of this. However, a few facts could make it easier to nullify:

- I signed the noncompete as an on-call independent contractor, in a job that slowly became a very different one as a full-time salaried employee.

- My commitment to the job was in no small part due to the explicit promise that I would in time be making much more than I do even today, as I would be able to get more hours at the same contract rate. Months after signing the noncompete, I was switched to a very low salary, which never kept up with a dramatically increasing workload. My effective hourly rate per ticket-hour plummeted from 45/hr at the time of salary arrangement in 2011 to 26.22 at the end of 2014. Even in absolute terms, my annual salary for the past three years has been less than what I made in my first year on the job.

- A significant draw to sticking with this job was the promise that I would be working towards industry certifications that I could take elsewhere. As our workload increased and other long time employees quit due to the lower pay, I was given no time to study or work towards these educational goals. My job become one of putting out one of the company's fires after another for years.

- The business I signed the agreement with has in the most fundamental ways failed to uphold its end of our employment arrangement. This includes significant amounts of unpaid overtime, failing to pay reimbursable mileage as specified in the agreement, an extreme unwillingness to address these issues after they were raised, and possible wrongful termination in an attempt to avoid having to deal with their obligations.

**Question:** What are my chances of getting such an agreement invalidated?

----

I have a meeting tomorrow with my family to discuss how we intend to deal with this. It is almost certain that we will be looking for a good lawyer soon after. One hoped for outcome is for any settlement agreement to waive the noncompete agreement.

Any input this subreddit has would be appreciated; This is consistently some of the highest quality dialog to be found on this site.

**TL;DR:**

1. Employer refusing to pay for work done according to terms in place at the time. Want to collect as much of this as possible.

2. I was fired immediately after informing the boss that he was asking me to work under an unlawful time-averaging arrangement. Possible wrongful termination.

3. Noncompete potentially ruins my career, but it may be possible to get out of it considering the circumstances of the job.

Answer: Serious advice.....rewrite this and cut out 90% of it. Nobody will be willing to read a novel length post. Look at some other posts and take cues from their total length.


Title: Juvenile Traffic Hero: The Final Chapter

Question:
Went to court today.

Met with the prosecutor before the trial. Offered me not a great deal. He would dismiss the speeding ticket, slap me with a 6 month suspension no privileges.

I declined. Went to see Judge/arraign on second ticket before trial. Judge stated that the proposed deal was no good, saw I was good guy but needed to take responsibility.

Sent us back out, told prosecutor to offer a reasonable deal.

Other ticket to nonmoving violation. 89 day suspension with privileges. Fair deal. Parents also pressuring to accept. I accepted.

Judge sentenced that.

Prosecutor asked to hear what my arguments would have been. Started with my silver bullet: missing statute defining me as juvenile traffic offender. Quote: "*Looks down at citation*. Can't believe I didn't notice that. It likely could have worked."

Went on to discuss impeaching officer and other driver. He stated that he believed he could still prove beyond reasonable doubt but it was possible the judge would see it my way.

All in all, glad I held off as long as I did. Gotta be more careful on the roads I guess. About four years of almost no driving starting in the fall though. We'll see what happens.

Answer: You came through with the update.  Kudos.  Answer #2: Thanks for the update kid. I have to say though that I am massively disappointed. I was even trying to find the court you were at yesterday so I could watch the proceedings today. I feel like Lucy having the football pulled away. I feel empty. I may never trust or hope again. You promised so much. And I started to care. Pudor tu!


Title: Psi addendum?? My daughters abuser had pre sentencing investigation done, and it lists psi on his court docs then psi addendum, what does the psi addendum mean?

Answer: “Each side then has 14 days to submit objections. The probation officer will then respond to the objections and make a final recommendation to the Court in an Addendum that must be filed 14 days before sentencing.”Answer #2: Pre-sentence investigation.Answer #3: They're adding or correcting something on the psi. Could be anything to a name misspelled to he picked up a new guilty plea and they have enough time prior to sentencing to put it on the psi


Title: [US] California. Minor being scheduled for work during school Hours.

Question: I am 17 and I am a high school student while working part time at safeway. I am with the UFCW labor union as well. My manager keeps scheduling me during my high school hours. Ive been notifying the manager that I cannot go and have to go to school and thats what ive been doing. Its been almost a month now of the same deal of me being scheduled during school and having to tell the boss that im not going. The manager is aware of my school schedule and we have talked about it. I am a high school student. Can I be fired for going to high school when im scheduled during school. If i dont go to school ill be a truant or something like that, so I have to go to school... But will i be fired for doing so? Or am I protected with my California workers permit and labor laws and what not. Any help or advice would be greatly appreiciated. I need an education im not trying to bag groceries forever, but I dont want to get fired because theres not many options for people under the age of 18 who still need money.

Answer: What does your manager do when you remind him to fix your hours so that you aren't scheduled during class? Comply?


Title: Help! Being sued for 750,000 dollars for hitting a pedestrian :(

Question:
First off, I used to be a complete idiot and drove drunk more than I should have. I live in Davidson County, TN.
So one night after leaving a friends birthday party I started to drive home. I was about a mile away from my house when I was crossing through a five point intersection. It was dark and raining and I did have the green light. I went straight through and there is a known blind spot on the right of the intersection. It is not in the crosswalk but past it there is a pole and the pedestrian stepped out in front of the car right when I was rounding the street.
I slammed my breaks but it was too late. I hit him and he flew back unto the ground. I got out freaking out of course and was like oh my god are you alright.... no response.

an ambulance and cops showed up in minutes and I was taken for a field sobriety because I smelled of alcohol.

I failed... and then refused a blood test... then the cop got a warrant and searched my blood anyways. I spent the night in jail. I was not accused of any other crime besides DUI. Which I was charged with and did the minimum 2 days and 1 year probation.

Now I am being sued for 750,000 dollars by the man that I hit. He is claiming back pain and vertigo. I really terrible that i hit someone and have been worried about it since. But im just wondering what the outcome of this might be?

Thanks I know that is a lot to read, but any help would be greatly appreciated.

Answer: Report this to your insurance company.  They'll likely defend you.


Title: Speeding ticket when I wasn't actually speeding (Nevada)

Question:
The location of the alleged infraction is Nevada in Pershing county. Simply put, I was tagged allegedly going 97 mph in an 80 zone. I was going 85 with cruise control but there was an individual in the left lane blazing right by me right as I noticed a police cruiser going the opposite way turning his lights on. I laughed, expecting the other guy to get pulled over. Lo and behold, it was me!

I've been driving for 17 years and never have had a moving violation. He told me I was pegged at 97 but he was going to write me a ticket for 90. My dumb shit passenger proceeded to say dumb shit things and the officer walked away before I had an opportunity to make a case for myself. Unrelated but I am still livid about my passenger.

Question time: As I see it, I could:

1. Pay the fine, take a defensive driving course to knock the point off, and hope my insurance company doesn't pull my driving record for the next few years.

2. Go to court (4 hour drive away) and hope either the officer doesn't show or the judge takes pity on me.

3. Hire a traffic lawyer.

I'm not concerned about the cost of the fine, just the potential impacts to my insurance. Does anyone have any feedback on the above or any other options I haven't thought of?

Edit: yeah yeah, I was speeding a little, just not anywhere near the magnitude with which the officer claims to have tagged me. Sorry for the oversight, I drive around 2K miles a month and I apparently unconsciously don't consider 5 over speeding.

Also, is there any way for the officer to provide concrete evidence he actually clocked me specifically or is it just his word against mine?
Topic:
Traffic and Parking

Answer: 85 might not be 90, but it is still speeding, eh?


Title: I'm the only woman at my job, and I suspect they are not giving me equal pay. Catch - I signed a confidentiality agreement: Colorado

Question:
When I got hired at this small engineering startup, I was required to sign a confidentiality agreement. It was mostly about trade secrets and client information, but there was a clause that stated that I could not discuss my salary with coworkers.

My boss has made some subtly sexist comments, that lead me to believe he might not be giving me equal pay for equal work with equal experience and time at job. (He just hired a bunch of grads from my school with the same degree and no GPA or transcripts at the same time to do the same thing 9-5. Everything about us is the same except gender. I might even be slightly more experienced.)

Aside from this, I really love my job and would not want to leave or be fired. I rarely see my boss, and the rest of my coworkers are great people, but our relationships are strictly professional and I wouldn't expect them to stick their necks out for me.

Is there a way I can find out if I am getting equal pay without losing my job?
If I do find out I am not getting equal pay, is there some kind of law that would allow me to demand a raise?
Is it even legal to restrict employees from discussing salaries?

Thank you so much in advance for you time and thoughts.

Answer:
 Is your pay in line with what other people (in general) in your line of work make?

Because a couple of sexist comments is a far cry from being paid unequally.  I would question the reasonableness of your suspicion if that's all you have to go on.

You might have to sue them, and then get a court order to force them to release the documents.Answer #2: > Is it even legal to restrict employees from discussing salaries?

It is not, they are either expecting you to not know that or they do not know that themselves.

>Is there a way I can find out if I am getting equal pay without losing my job?

Get buddy buddy with someone in accounting and take them out for drinks.

Colorado is an at-will state so unless you have an employment contract you haven't mentioned yet your boss can fire you for so much as having a cell phone ringtone he doesn't like.  In fact, as long as it isn't specifically because you're a member of a protected class (gender, race, religion, age above 40, etc) he can fire you for whatever reason he likes.  He can fire you with no reason whatsoever if it tickles his fancy.Answer #3: Per NLRB, you can discuss pay with co-workers. Can an NDA override that? I don't think so.


Title: [Indiana] I'm planning on suing a former roommate for unpaid rent. Can I use his work address for the Notice of Claim?

Question:
This is in Center Township, Marion County, Indianapolis, Indiana.

Some months ago, my roommate moved out and stuck me with the full rent at our apartment. I've been paying it, but intend to pursue him in small claims court to recoup that money.

The Notice of Claim requires an address. I know where he works, but not where he's living now. Can I put his work address down on the form? And can I request Personal Service, so that a Sheriff's deputy delivers the summons personally?

I'm confident that he had his mail forwarded. If I put the last address I had for him on the form (which is still my address), will the summons be forwarded to his new address?

If it is completely necessary, is there any way of learning his current address without being super stalkery and creepy?

Is there anything else I should know about the process?

Thanks!

Answer:
 I post this information about once a month.  I just posted it earlier today in response to

https://www.reddit.com/r/legaladvice/comments/64yrjw/no_address_to_be_served_at/

Mail a blank piece of paper to his name at his last known address (your current address), and under your return address type RETURN SERVICE REQUESTED. If he has a forwarding address set up with the USPS, then they will return your mailing to you with a yellow sticker on it containing his new address.  It might be a little confusing to the USPS that the mailing and return addresses are the same (even though the names for the mailing and return addresses are different), so if you know some other address that you can use as your return address it might make sense to use it.

You can also send the postmaster at his last known address (your current address) a completed copy of USPS form 352.44a (Request for Change of Address or Boxholder Information Needed for Service of Legal Process).  I always include a self-addressed and stamped envelope for the USPS postmaster to return their response to me.


Title: Need help, my girlfriend and I got pulled over for edibles in OK

Question:
My girlfriend and I drove from Colorado and going to Arkansas. Ended up getting tickets worth a total of about $900

We got pulled over by 3 cop cars because we were using a temporary licenses, it was paper so we taped it on the back windshield so it wouldn't get wet. After we got pulled over, they said they thought the car was stolen, but we provided paper work. They told us to step out of the car because they saw that we were coming from Colorado, I assume. Then the cop asked if we had any illegal substances. I told them we had 4 cookie edibles(the size of small Famous Amos brand), they already had a dog ready, so they came and search the car. The search the whole car, even after they found the cookies, they cut our spare tire and everything.

&#x200B;

My licenses were apparently suspended, so they gave me a ticket for suspended license while driving. They gave my girlfriend a $500 ticket for the possession of weed, even though I told them it was my edibles. Court in December in OK.

&#x200B;

Is there anything we can do? The cops said the ticket wouldn't be on our records if we paid for it. Should we get a lawyer? Would it be worth it to get a lawyer?

Answer:
 Yes, get a lawyer, posthaste.

Each of you needs your own lawyer, too, to avoid conflict of interest.


Title: I found someone to sublease my room but the apartment moved them to a different unit

Question:
I'm in Austin Texas.
I found someone to sublease my room, they passed the background check, signed the lease for my apartment, and signed the subleasing paperwork with me. They told him that they needed to assign him to a different unit and there was a time limit on him doing so, so he signed the other lease for a different unit immediately after signing all the paperwork with me. Now, I don't have anyone to sublease my room and I was moving out TODAY.

Please help me because I have no idea what to do.

Answer:
 Now he is on the hook for two apartments/rooms. Not a smart guy.Answer #2: If he signed a sublease agreement with you then he needs to pay you even if he doesn’t move in unless the agreement allows him to terminate it. Answer #3: Keep all of the paperwork - how you found this tenant, brought him to management, etc.  you can tell management that you found an appropriate subtenant, and have thereby mitigated any damages they might have against you.

If they try to hold you responsible for rent from this point, by for example holding your security deposit. take them to small claims. The judge will not look kindly on them moving your tenant into another vacant unit and trying to hold you responsible when you found a qualified sub-tenant.


Title: If you are handcuffed by police, is it a crime to remove the cuffs (with your own key or by picking the lock?)

Answer: Yes, it is a crime.  At least in Florida the charge is usually escape or attempted escape.  Considering we have had police officers murdered by individuals doing exactly this I would highly suggest for your sake NOT ACTUALLY TRYING THIS.


Title: So I kicked a guy.

Question:
SO.. today on my campus there were anti-lgbt protestors. They weren't really doing anything (other than playing the bagpipes and chanting) but it's near finals week and I got pissed and stressed out and as i passed by this one jerk he tried to hand me his dumb pamphlet I kicked him in the leg without thinking. It wasn't that hard of a kick because I'm like 5'4 and 110lbs. I thought I could just kinda disappear afterwards but lucky me the fucking chief of campus police was right there. I apologized and cooperated and all that shit and gave him my number. He called me about an hour ago and told me that the guy wasn't going to press the matter, which is great, but now I'm stressed out that the asshole will change his mind or something. Everyone's kinda pissed at me (including me. Idk why I did that. I wasn't thinking clearly.) and not really in the mood to reassure me. I'm just wondering what you guys think, am I really in the clear here? I've never been in trouble for anything before ever, so needless to say I'm a little freaked out. Thanks in advance.
Tl;dr- I kicked a bigot in the shin like an idiot in front of campus police and am now freaked out.
Edit- I'm in Pennsylvania.

Answer:
 No possible way for us to know. He could have medical damages and sue you for them. He could later choose to file a police report. Those are both up to him.

You should probably attend some anger management classes if seeing an opinion you don't like causes you to physically attack people.Answer #2: Wow, nicely done, OP, you cemented yourself as the asshole.  If someone wants to hand you a pamphlet you say "no" and walk away.  He can report you for assault and battery and the police may charge you.  Might want to look into criminal defense attorneys.Answer #3: We have no way of knowing. Deal with it and keep your temper in check instead of physically lashing out at people.


Title: UPDATE (San Diego) Can I be sued for knocking down a drone flying in my yard and then erasing its memory card?

Question:
I know this sub likes updates, so here is mine. It doesn't have a lot of legal stuff though. I hope that is okay.

There was a lot of behind the scenes activity. One of my neighbors contacted the HOA Secretary to get the contact information of the member from that house since she was pretty sure that the guy was not the legal owner. The owners are his step-grandparents and basically don't live there 11 months out of the year (they are RV'ers and drive around visiting places and their kids and grandkids) and they let their step-grandson (daughter's stepson) live there for free.

I called them and they were very sweet people and absolutely shocked at what he was doing. I told them what he was doing with his drone and what happened in my yard and what was on the videos from the memory card. I also told them that he was doing the same thing for a few of the other neighbors and gave them the names that I knew of. The next day, they called me back and sincerely apologized for what he was doing and assured me that he would never be doing that again and that they were no longer allowing him to live there. Evidently, they don't know him terribly well, nor do they really like him, but they were doing this as a favor to their daughter.

I saw him moving stuff into a U-haul truck this weekend. As I walked by, he said that he was going to sue me for thousands of dollars because of the damage to his drone and then started cursing at me loudly. I had privately decided to pay for his drone damage when approached, but I think now I will make him sue me in court and make him admit to the judge that he was taking peeping tom videos with his drone. I suspect he will not sue me. If he does, I will get the attorney we used before when we were sued for a "slip and fall" on our driveway to defend me.

Answer: Serious question: back when I was growing up, there was a house on our block that had a cranky old man who would refuse to return a ball or a Frisbee that passed over his fence and landed in his yard.  We lost several of each over the course of a few years.  How is that substantially different from disabling a drone in the airspace over your yard?  Or was the cranky old man actually in the wrong and no one ever bothered to call him out?


Title: Hit by a Rental Car. Neither the rental or driver insurance wants to pay.

Question:
I was in a car accident in Charleston, South Carolina last summer. I did not receive any injuries and the damage to my car is about $2,500. The FR-10 report says the accident was the other driver's fault.  The other driver was driving a rental car but has full coverage with Progressive. The rental car company's insurance is Liberty Mutual.  Both insurances have denied that they have any obligation to pay. I haven't found a lawyer that is willing to take the case because its too little money and no injury was involved. What else can I do to recover the cost of damages to my car?

EDIT: I have insurance with Geico and have told them. They received a letter of denial from Liberty Mutual but not yet from Progressive. We requested a letter of denial from Progressive but they have refused, and said they cannot do that because they gave full coverage to the driver that hit me, but the rental car insurance company should be the primary insurance for that incident according to South Carolina law.

EDIT2: Thanks for the help guys. I'll update later this year to share what ends up happening.

Answer: Have you told your insurance company? This is why you have insurance after all.


Title: My University Wants to search everything I own for plagiarizing an essay

Question:
Does my school have the legal grounds to search through all of my electronic possessions?

I got caught plagiarizing a final essay and now my school wants to search through all of my social media, phone, computer, etc. Do they have the legal grounds to do so? They said they have no problem getting a warrant. Academic dishonesty is still technically not a crime right?

They have also been stalking my house.

I have never heard of any other college doing this to their students. Do you think they are bluffing or do I have to fully comply with everything they ask for?

Yes I know cheating/dishonesty is wrong, however this seems really extreme. Any thoughts reddit?

Answer:
 What kind of school is this?

The professor really locked kids in his office and talked about them committing suicide??

The university can expel you for plagiarism but that's about the worst they can do. I recommend getting a lawyer ASAP if what you are saying is true. Answer #2: What besides expulsion could they possibly do? Is this a BYU? Are you worried about being excommunicated?


Title: What happens to my grandma when my father passes away?

Question: My father was recently diagnosed with terminal cancer.  Him and I and his fiance live in my grandmother's house because she has dementia.  Currently my father has power of attorney for my grandmother.  I'm afraid that when my father dies, his girlfriend will end up with the power of  attorney and kick me out of this house and put my grandmother into a nursing home (which she vehemently is against).  My father hasn't signed a will yet and I fear he will not do this.  I just want to protect my family.  So my question is what happens to the power of attorney when my father passes?  I reside in California.

Answer: A power of attorney isn't a transferrable property interest. When the attorney dies, the power of attorney is no longer valid.


Title: How much flexibility does the law offer for age-restricted activities when the subject is very close to the age limit?

Question:
Completely hypothetical. For location purposes: USA

Suppose someone a day or two shy of turning 21 is caught in possession of alcohol; or maybe even a vendor is caught selling alcohol to this person.

Or perhaps someone over the age of consent is caught having sex with someone a day or two shy of the age of consent.

I think a reasonable person would say an individual just a day younger than the drinking age or age of consent is not going to become any more mature by the time they can legally engage in those activities. Does the law recognize this or is it a black and white, hard line?

Answer: So if someone 1 day short of 21 is now allowed to buy alcohol, what about someone who is 1 day short of "one day short of 21"?


Title: [CO] Who is at fault if a car spins out and you hit them?

Question: Hello so what happened is the car in front of me spun out after hitting ice and did at least 3 spins and bounced off the cement barrier before my car skid into his going over the same ice. I felt the only course of action was to brake and keep my car from spinning out too because it happened on a 3 lane bridge with cars in the other lanes so I wasn't about to swerve and possibly spin out too and hit other cars. Now his insurance is denying liability and putting me at fault because in his adjusters words "My client truely believes he was in control of his vehicle because he didn't hit any other cars before you hit him". Not only that she put it down as a rear end collision even though the damage is on the other drivers passenger side. Needless to say I disputed that and got an investigation open, and now they are "trying" to get another statement from their client. I say trying because I actually spoke to the other driver and he told me has not been contacted since he was asked for pictures when I disputed this accident being a rear end collision. Sadly I can't just go through my insurance because I only have liability but my insurance has already found me not at fault because the OP also gave them a statement and it matched up with mine. My  adjuster told me I can't be found at fault since he lost control of his vehicle first but we both could be found negligent.

Answer:
 Each accident is unique, which is why adjusters are assigned to determine liability.

Generally speaking, if you hit something in front of you, then you will be found at fault. When you took your driving test, you learned that you must keep enough distance between you and the car in front of you to be able to stop in situations like this.


Title: I (18F) am taking in my friend (18 tomorrow F) tomorrow. Is there a risk for legal trouble?

Question:
Copy and pasted from r/advice

Hey everyone I'm in a bit of a sticky situation and I'm looking for some advice. This might be a tad bit long.

My friend texted me about two hours ago that she needs me to take her in tomorrow. She turns 18 tomorrow and I knew she has some issues with her mom but this was a shock to me. I love her a lot and want to help her but I have a few reservations. Before anyone asks we are at least taking her in for the next week.

Her dad doesn't live her and her mom anymore. Parents still married but dad had to go to a state across the country to start a new job. They were going to follow him eventually, once she graduated. Her mom is insanely controlling and verbally abusive. I knew this and offered my help if she ever needed it but didn't expect her to need it. Now I am by no means about to go back on that promise, she is staying with us.

Her mom has very little interest in her, she's okay if she leaves so we don't expect any issues from her mom, but her dad is protesting it. For some reasons her dad can't come and get her and is telling her to tough out two more months (until the end of school). Her mom has taken away her car and has cancelled her data plan as well has relentlessly bullied her. It's gotten bad recently so she has contacted me.

Now in a perfect world we would take her in in a heartbeat and let her stay until she was on her feet again, but my mom is a mandated reporter and could lose her job if she doesn't take the necessary actions first. My friend has agreed that it's okay for my mom to let the counselor at school know and see how the school can handle it from their end. But my question is since she is 18 (tomorrow but whatever) how involved can the school truly get? I can't imagine they would be able to get social workers involved since she is 18, so I have no clue what else they could do.

Also we are concerned her dad could call the cops and say we are harboring a runaway even though she is 18. She is still in highschool so I know in some states the laws can be a bit wonky.

Idk, would we be okay if we took her in? If not what else can we do?

We live in Georgia for anyone who is interested about informing me about the legal side of things
Topic:
Juvenile and Youth Law

Answer: In Georgia the age of majority is 18 years old. At that point, your friend is an adult, and nobody else has any right to tell her what she must do or where she must live. It is perfectly legal for her to come live with you, no matter what her parents have to say about it, and there is nothing they can do to you legally over her decision to leave their home. It may not be easy for her, she may have many difficulties that she would not have if she lived in her parents' home, but there is no law requiring it.


Title: How do I counter a lowball insurance offer on my totaled vehicle. Not at fault.

Question:
I was in a multi car accident almost 7 weeks ago where I was in the middle and we were rear ended by a large truck with a trailer.
Long story short I didn’t hear from the person at fault insurance company until this month and that I had heard further from them for two weeks and I finally called them back and they told me that they probably have an offer for me soon.
Considering the full circumstance I expect them to lowball me on my vehicle offer how do I counter it?

Answer:
 Use carsoup, autotrader, ebay (for your area), craigslist to find prices for your vehicle and trim.

Make sure their write up has all the bells and whistles that were installed.


Title: My schools yearbook plagiarized my photos... (golden Colorado)

Question:
I'm a photography nerd, so naturally, every school event I go to that has potential to be exciting I bring my camera. Some of those photos I've given to teachers (for example, I have photos taken at speech and debate tournaments to my speech and debate coach). Many of those photos ended up in the yearbook, without my permission, and my and was never mentioned or give credit. In essence, they used photos I've taken, which are my property (right?), without my consent, without my knowledge, and without giving me credit for the work I did to create them. If that's not plagiarism I don't know what is.

So. What legal rights do I have? I am a minor (I'm 17), and I never officially copyrighted the photos or watermarked them with my name, does that change things? Even if it does, it's still illegal right?

It's also relevant that none of the photographers who had their photos appear in the yearbook were given credit. However, the vast majority of the photographers were members of the yearbook team, and they knew their photos would appear in the yearbook without them getting credit and they agreed to work with the yearbook team with that understanding. I never agreed to anything like that like they did.

Edit: I just realized I need to tell you about what my plans are for the time being...

Right now I'm working on documenting exactly which photos appear on which pages, and I intend to write and send an email to my principal and the teacher who is in charge of the yearbook team letting them know what they've done, that it's not okay, and that I do not want it happening with this years yearbook like it did last. I want to tell them that they can absolutely use my photos, if they give me credit for the work I put in them.

Answer:
 What do you want to have happen?

If you really wanted to, you could sue, get some sort of damages (but not your attorneys fees) and possibly get an order requiring the destruction of any remaining yearbooks.   But, you're not going to get enough damages to offset your costs.

My suggestion would be to go to the yearbook advisor and say "Hey, I noticed that a bunch of my photography was in the yearbook -- about 100 pictures.  I wasn't expecting that.  Do you think I can say on my college applications that I was a yearbook photographer?"  That brings it to their attention, but isn't confrontational.

There are all sorts of advantages in high school to having a good reputation among teachers.  They'll sometimes ignore the fact that homework was late.  They'll give you the benefit of the doubt on test questions.  Where you are, those advantages are probably better than anything you could hope to get by pressing this issue.Answer #2: I agree with /u/Bob_Sconce, spending thousands to recoup a thousand dollars and also pissing off your school administration is not the best move.

Do go to the yearbook teacher and ask him/her to credit you next time though. Its entirely possible a student made that part of the yearbook and didn’t know what they were doing, so a polite reminder to the teacher to check up on that stuff isnt out of line. Answer #3: The simple solution would be to demand credit on all photos and add it to any college or work resumes.