Title: Can a Russian/UK citizen have two totally different names and use two separate identities in the same country at the same time?

Question:
My ex boss is Russian and UK citizen and uses two separate names interchangeably. Is this legal? Ease note I can't say the names he uses but they are totally different and not translated. One is typical Russian and the second is and old English name. Both names CANNOT be googled.no recourd of either person on the internet which is fucked up. He's mid thirties and an arrogant show off so he would have social media unless it has been scrubbed.

Examples:
-He uses one name for Europe but travels for business to the US on a second name he doesn't use in the UK. I had to book his accommodation and conference entrance ticket on different names.
-He uses one name daily in the office but in the organisation chart of the company he is listed twice for two different positions in separate bodies of the company. He has lied on official documents!!
-his wife has a variation of the last name.it is spelt slightly different
- he uses the second / English name for bank, utilities etc.not the name we call him by in the office.
- he is a former high investment banker now doing industrial lighting. I think he fucked up somewhere to not be allowed to do banking anymore.
- comes from Russian family with unmentionable amount of money (top 1% if I ever met any)

Any help / clarification on how this is possible or legal is appreciated
Topic:
Business Law

Answer:
 Consider this; how hard do you REALLY want to dig into dual identities of a super rich Russian who has 1) decided it is a good idea to have a couple different identities and 2) has the resources/connections to have dual identities?

To answer your question, having two names in two different countries in itself isn’t illegal, and there are reasons a court might agree to this. If you’re from Switzerland but are building a career for yourself in the United States, a judge might allow you do get rid of Jeffrey Dahmer or Charles Manson. The important part of having two names is transparency in the fact that both identities point to the same person. If this isn’t a secret, and all parties are aware, it isn’t necessarily illegal.


Title: CA - Unwanted Tenant's GF! How can I get rid of tenant and/or his GF?

Question:
Context: I currently sublease a room to a tenant.  He's lived under my roof for 2 years.

I am the only person on the lease + I subleaser to another tenant.

My Property Management Lease forbids me to have sublease's.

Situation:  I cannot stand my tenant's GF.  She stays at the house more than he, uses more resources and makes a mess.  I've detailed my disdain towards her living under the roof more than he does. However nothing has changed for 6 months.

She technically lives with her parents; tho I doubt there's any type of formal paperwork orchestrated between them.

Question: What scope of options do I have to,

a) remove her from the premises
b) evict my subleaser?

Answer:
 I am so lost.  You state, and I quote;

>Context: I currently sublease a room to a tenant.

And then...

>My Property Management Lease forbids me to have sublease's.

And then you ask;

>Question: What scope of options do I have to,
a) remove her from the premises b) evict my subleaser?

Have you thought about what your property manager will do to you when they find out you have 2 unauthorized tenants in your unit?


Title: Does "non-exclusive easement for vehicular access" allow parking on a shared driveway?

Question:
Hi all, my neighbor parks her car on a shared driveway, making it difficult to drive into my garage. I live in Seattle, WA.

On the deed, it says that there is a "non-exclusive easement for vehicular access".  On the short subdivision document it says "vehicular access easement: location of easement area for vehicular access beneficial to unit lot a and unit lot b of this short subdivision".

Does that mean they are allowed to park on the driveway, or is it strictly for getting in and out of our garages?

Thanks!

Answer:
 If the language itself doesn't specify you'd need to consult an attorney who can help, at least if you wanted to make an issue of it. My _guess_ is that an easement 'for access' means they can drive through it but not park permanently on your property.

Of course, the best solution would be to work something out with her.


Title: Fired after PTO

Question: Alright.. Basically I took 5 days PTO (M-F). When I returned the following Monday I was let go from my job.. Whatever, I was told id receive my final paycheck direct deposit (which would only include my PTO). Fine.. Until no check came.. Now my past employer is claiming they don't have to lay the PTO I took because I didn't work the next monday.. This is Washington state.. Is this legal?!

Answer:
 If you returned on Monday, ready to work, then you are owed the PTO time, whether you actually worked on Monday or not.

They don't get to retroactively fire you.


Title: California trespassing law

Question: If someone walks onto your front yard that's not gated and there's no "no trespassing sign", and they haven't been asked to leave, are they trespassing?

Answer:
 Under California law the defense against a trespassing charge in the OP scenario would be lack of "specific intent" to interfere with someones property rights. Under California law trespass, where no prior notice of trespass is provided like no trespassing signs, must involve an intent to interfere with someones property rights. In [People v. Wilkinson (1967)](http://law.justia.com/cases/california/court-of-appeal/2d/248/supp906.html) a transient, who slept overnight on a large ranch, was found not guilty of trespass because their stay was intended to be limited and nearly unnoticeable. Hence didn't include an intent to interfere with someones property rights.

Of course you can cross that intent line very easily if you offer any resistance to notice or in any way interfere with or disturb the owner or their representatives.


Title: Can professional Magic players deduct the cost of cards on their tax returns?

Question: In practical terms the cost probably isn't large enough for this to matter, but hypothetically could they? If they did, would they be able to deduct it all in the first year or would they have to spread it out over the lifetime of the card?

Answer:
 Yes.
Ask your tax professional.
Of course this is a deduction of expenses against profit, so you can only deduct them against profits made playing Magic.


Title: Neighbor dumped several hundred pounds of salt on access road

Question:
Located in Maryland. Two neighboring properties and I have joint ownership (1/3 each) over a parcel of land that is used for a private road to access our properties. I've had legal and property damage issues with one of those neighbors, and today I noticed they dumped several hundred pounds of what seems to be salt on that property (mostly off the road). I sent a message asking about it, but haven't gotten a response.

The salt was dumped by a truck owned by a local pressure washing company, and I believe one of the owners or employees of the company lives at this neighbor's house, or is a family member of theirs.

I have three concerns about it - damage to several old trees in the area, pollution of the water my well pulls from, and runoff to the municipal stormwater drain just downhill of us.

We are expecting a good amount of rain tonight, so only a short time to deal with it.

&#x200B;

Is this an acceptable practice for my neighbor, considering they only have a 1/3 ownership of the lot?

If not acceptable, is there any course of action I can take to compel them to remove it today?

Can I remove it personally if the neighbor won't? I don't want to be liable for anything - this neighbor previously sued me over a bird feeder of mine...

&#x200B;

Thanks for any info!
Topic:
Other Civil Matters

Answer:
 Since a majority of Maryland is in the Chesapeake bay watershed, they have a specific government entity to deal with this and they take things pretty seriously

https://mde.maryland.gov/programs/LAND/HazardousWaste/Pages/index.aspx

Call the Solid Waste Program's Compliance Division at 410-537-3315.Answer #2: dumping chemicals of any kind is illegal. You have no way of knowing, and should not investigate, if this is salt or some kind of cleaning chemicals related to the pressure washing. Even if it is just salt, that'll kill every bit of plant life in the surrounding area once it rains. If it's not salt you have some pretty big concerns regarding everything you mentioned. First call to the police, second call to sewer department, third call to EPA.


Title: Currency exchange is threatening to sue me for a check they cashed that I already paid out on. Mobile deposit fraud, am I liable twice for the same check? (Illinois)

Question:
I have a small business in Illinois. One of my employees deposited his paycheck through her phone, making a mobile deposit, then he took that same check to a Currency exchange and cashed it there. When the currency exchange tried to deposit the check with their bank it was rejected. The Currency exchange is claiming now that I am liable to them as the employer. This seems outrageous. Am I liable?

They asked me to pay, and I told them no. Now they are threatening to sue me for the check amount plus attorney fees. The employee has left the state and has a felony warrant for his arrest, so he is not paying anytime soon.

Answer:
 Tell them to pound sand, and that if they sue you, you will countersue for *your* attorney fees.

The only one responsible for this is your (ex?) employee.  Answer #2: Tell them no. They need to go after the employee.


Title: I was fired because my boss found out I use dipping tobacco. [California]

Question:
I used to work at a Costco for about two months, then my supervisor found the can of Copenhagen Wintergreen I keep in my pocket. He told me right then and there to pack my shit and get lost. I only dip after work, or on lunch breaks, never when I'm actually working. Primarily due to the fact that part of my job was a CSR. Is this legal?
Topic:
Drug Possession

Answer:
 He could fire you for wearing mismatched socks.

Absent a contract for your job, at will employment means you're free to go when you feel and your employer is free to fire you for any non-discriminatory reason (race, gender, ethnicity etc.)

Also, quit dipping tobacco. It's a disgusting habit.


Title: My job won’t accept doctors notes

Question:
So I work at a very popular US retail store in Minnesota. I have a uti that has went untreated for some time, which caused the infection to go up to my kidneys which gives me excruciating pain. To the point where I physically cannot work. Some basic info about my work is that you can leave early, call in sick, etc. 6 times in 6 months before termination. They also don’t accept doctors notes.
This is where my concern comes in.
I was told that it is possible to get the strike off my record if I called HR (basically headquarters) . I did this to which I was told it was not possible to take off my record because I haven’t been working with the brand for at least a year and I was only taking one day off vs a week. This makes no sense to me.

Bottom line is I don’t want to get fired over something I can’t help, and I don’t see how it can be legal to fire someone because they were unable to work. This is a huge retail company that everyone around the world knows and loves. It worries me to think how many other people have been fired for this. I’m not sure of the legalities of it all but any advice would be appreciated.

Answer:
 This is legal, unless you have an employment contract stating otherwise.Answer #2: Drs notes are not a legal thing. You don't qualify for FMLA. They do not have to allow you more time off then you haveAnswer #3: Doctors' notice, generally speaking, have no legal weight. No state is required to accept doctors' notes, generally speaking. Some potential exceptions are workers comp, FMLA, ADA, and sick leave laws. (But not all of them and not in all circumstances require doctors' notes.)

Minnesota law does not require employers to provide employees with sick leave benefits, either paid or unpaid.

Are you [eligible for FMLA](https://employment.findlaw.com/family-medical-leave/fmla-eligibility.html) and if so have you applied for it? Edit: Sorry, just saw that you're ineligible for FMLA.


Title: Can I make my ex-girlfriend pay for property damage?

Question:
A girl and I recently ended things on a bad note. This is fine with me, but during one of our previous fights, she went kind of crazy and kicked a few holes in my closet door. I rent an apartment so clearly I'll have to pay for the door when moving out. Should I pursue this claim against my ex in small claims court, or is it not worth the effort? I guess I could better decide that when I figure out how much the door would cost to replace. Any advice would be appreciated though, I have texts of her admitting it and refusing to pay.

Edit: I appreciate everyone's help, and have made my decision to just replace the door and forget about it all. Court fees and all that hassle isn't worth my time or energy. Thank you all.

Answer: You need to ask yourself if it is worth it to bring her back into your life in order to have her pay for the door.  Legally speaking, and IANAL, you technically could take her to small claims for the cost of the door, but how much is your peace of mind worth?   Some times it is just best to cut your losses and move on.


Title: I go by my middle name. Can I write an initial as first name followed by my middle name, together in the "first name" category of documents [CA]

Question:
Ex. Name is John Jacobs Apple.
Can I list as:
First Name: J. Jacobs
Last Name: Apple

Answer:
 If a legal document is asking for your full name, you put your full name.Answer #2: My mother's legal name is Debbie June Eliza Wiggins. (Not actually, but close enough for this example).  She goes by June to all her family, friends and asks to be called this.

On all legal documents she must state her name is Debbie June Eliza Wiggins.  Because that is her name. You see?

EDITED TO ADD: Why don't you just change your name legally to that which you prefer?
Answer #3: For most purposes, you're allowed to use whatever name you want, as long as you're not using it for fraudulent purposes (e.g. avoiding debt). If they're doing a background check or comparing your name to your birth certificate or other documents, you could run into some issues.

ETA: If you think I'm wrong, please review the [Wikipedia article on name changes](https://en.wikipedia.org/wiki/Name_change). Here is a highlight:
> Usually a person can adopt any name desired for any reason. As of 2009, 46 states allow a person legally to change names by usage alone, with no paperwork, but a court order may be required for many institutions (such as banks or government institutions) to officially accept the change.


Title: [Lynnwood, WA] Good Deed Gone Wrong through a string of bad luck and bad decisions: Convicted of a Misdemeanor

Question:
[deleted]
Topic:
Criminal Law

Answer:
 > Jay takes a low-cost item (like a $0.67 candy bar) and tries to buy it with a credit card from the mystery wallet.

This was a very, very, very stupid decision. It almost certainly destroyed any credibility he had when he claimed he was simply trying to return the wallet. There's no reason to try to spend money off of the cards in the wallet if he was trying to return it.

You've already connected Jay with a lawyer. That's about all you can do, unless you are Jay (in which case, this is a question for your lawyer, not for the internet). If you feel like helping out, toss him a few bucks to help him pay for his lawyer, as a gift.Answer #2: When people steal credit cards they make a small purchase to see if it is still active. If it works, they then go and make more expensive purchases.

Your boyfriend is a liar and thief. Answer #3: "Jay" is fucked.

Jay should listen to his lawyer.


Title: [MI] Can I get in trouble for denying visitation if my ex isn't the one picking up our child?

Question:
My ex expected me to let his mom pick up and take our child this weekend ("his weekend") to take over his parenting time that he can't fulfill due to work. His mom would be picking the child up and dropping her off, and he would not be seeing her at all. I told him no, I don't agree to this.

I've never denied him parenting time before. Is that even what I'm doing? Can I get in trouble for not letting his mom take our child during "his time"?
Topic:
Custody Divorce and Family

Answer: If there's a court order defining this as his time, yes, you could, unless you can prove the grandmother is patently unfit and a danger to the child.


Title: (Denver/Chicago) How can I scare the guy who bought my car and hasn't changed the license plate? (And gotten a ticket)

Question: I know it was dumb of me to let him keep the plate on. I know. But anyway how can I scare this guy into changing it? I just received a $200 ticket he got at an Illinois toll. I sold it to him in Illinois, then I moved to Denver

Answer: You have to fight the ticket and give them a copy of the bill of sale.  Good thing you have some kind of proof you sold it right?


Title: My friend might have committed bank fraud and she needs help

Question:
Hey r/legaladvice, my (19M) friend (18F) might be in deep trouble. We both live in KS. Today she started having sugar daddy, which she gave her bank information to. Her and his terms are as follows: $200/day to talk to him and keep him company on the phone. Today, the man tried adding $200 to her account, but accidentally added $2000, which exceeded her account limit. Now her account is frozen and she is scared stiff. She comes from a semi-abusive household, and while her parents know about her account freezing up, they do not know about why its frozen. She's scared to tell them and doesn't want to go to jail. She talked on the phone with the people of her bank, but she had to lie and say she didn't know because her parents were standing right behind her. The bank told her it could be fraud. So shes upset and terrified. I don't know what to do, so I turn to you for help. Did my friend commit bank fraud? Will she go to jail? How can she get out of this? Can she get the money from the guy even after all of this? Thank You
Topic:
Credit Debt Bankruptcy

Answer: She’s not in trouble. She just needs to explain to the bank what happened. You are allowed to have money deposited into your account by other people. The limits are there to protect accounts. Once she has explained what has happened, they can fix the issue.Answer #2: Tell her to go to the bank alone and talk to them about it. Answer #3: Just want to chime in and say you may want to talk to her about re-allocating some of the money back to the guy. It's manipulation, and may be malicious. Something along the lines of him saying "but you liked the money right" and then comes the "escorting" wager held over her head for who knows how long, and then who know if he may further coerce her from there. They already "agreed" on some things, and he stepped over. Money is appealing, just keep your friend safe amongst the other legal issues you're dealing withAnswer #4: Is the extra money to buy the guy gift cards & send them to him? If so, that's a very common scam.


Title: My brother died today.

Question: With a heavy heart I write this title but I come here for some advice. My brother was a single 39 yr old guy living in my mom's trailer in Massachusetts. I plan on going through paperwork tomorrow but it doesn't appear that he has life insurance. He has a 20 yr old child who has, over the last couple of years, disowned him. My sister and I are now faced with the funeral and burial costs. I don't know if he had any savings or retirement plans, but I know he has maybe 15-20k between a car and a motorcycle that he owned along with his belongings. I'm not quite sure how to proceed. Could my niece, being next of kin, decide to take ownership of his car and other belongings and leave my sister and I to foot the funeral bill? Any advice is greatly appreciated as this is something that up until 10 hours has crossed my mind.

Answer: Did he have a will? It probably won't help cover funeral costs unless stated otherwise, but that's a way to get ownership of things.Answer #2: You are not legally responsible for any costs associated with funeral or burial, or any of his debts. Any debts he holds will be drawn from his estate, the remainder of which will likely pass to his daughter (assuming he has no other heirs at law or a will). His daughter can't legally take title without going through the probate process.


Title: Florida, ex-husband died and never took ex-wife off the mortgage.

Question:
The two divorced 11 years ago. Before the divorce  he had her sign some paper work that took her off the deed to the house and also took out a home equity loan with his and her name.

Over the years she has tried to ask the bank to take her off the loans and ask him to sign her off the loans, with no cooperation on his part.

He died recently. He has four children, all adults, all with different mothers. All pretty detached from each other. One of his older ones came down to look for a will, didn't find anything, changed his locks, and from the sounds of it, does not seem interested in the house, but also doesn't seem interested in cooperating with my mother on this issue.

What can she do to avoid all this debt now?

Answer: She needs to talk to an attorney. Because this is a cluster. She has no interest in the home but still owes that money. Only an attorney can try to mitigate this


Title: Pregnancy discrimination

Question:
I work as a barista for a big world wide coffee organization (I'm  in California). Since I was hired I made it clear I wanted to promote to a shift supervisor position as soon as possible. I caught on to the job real quick and progressed to the point where I was ready to promote. I also found out I was pregnant soon after I was hired. I told my manager when I was maybe 8 weeks (I don't really remember exactly when, but it was kinda early on cuz my morning sickness made me have to switch to nights)

Anyways I was more than ready to promote, but a little before I went on maternity leave my manager said that she hasn't promoted me yet because I'm pregnant, and that I'm ready but they're waiting till after I have the baby. At first it didn't bother me cuz I believed her, that I'd be promoted right when I came back. But we have a new store manager now and I've been there for three months and still no promotion.

My question is first, is this discrimination? Because I was pregnant I didn't get the promotion. Second, is there anything I can do about it legally? Is it even worth doing anything about it it? Also since I don't have proof that she said it to me, is there nothing I can do?

Answer: They are not required to promote you to a position just cause you want it


Title: Is it legal to require all female employees to tell their boss when they start their periods so he can track it?

Question: [removed]

Answer:
 Wow, that sounds exactly like sexual harassment according to the U.S. Equal Employment Opportunity Commission.

&nbsp;

This is what they have to say about it:

>Sexual Harassment
**It is unlawful to harass a person (an applicant or employee) because of that person’s sex.** Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
**Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general.**

>Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.

>Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, **harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).**

>The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

>http://www.eeoc.gov/laws/types/harassment.cfm

&nbsp;

You have two options.

1. You can find a lawyer who specializes in employment issues as others suggested and go from there.
2. Or you can directly file a harassment complaint (called a charge of discrimination) through the EEOC. Here's more info about harassment through the EEOC if you're interested:   http://www.eeoc.gov/laws/types/harassment.cfm

  And here is more info about their charge of discrimination complaint process:  http://www.eeoc.gov/employees/charge.cfm

&nbsp;

Good luck and please keep us updated! :)


Title: LEGAL ADVICE: Can the landlord force me to let him change my a/c unit because the commercial tenant continues to complaint about a drip?

Question:
I live on the fifth floor of an apartment building in New York City (Manhattan) and have an a/c unit that drips onto a commercial tenant in the basement level. (Space commercial tenant is renting now and operating as a restaurant) used to be a basement space, not even sure if landlord filed the proper C/O).

Commercial tenant has been in the space now for 9 years. And for 9 years I have allowed the landlord, via his super, (once this was done without any contact w/ me whatsoever - from my fire escape - and without my knowledge) to add all sorts of things to my a/c (like a hose, sponge, etc) to accommodate the needs of the commercial tenant.

However, at this point the landlord wants me to let him *replace* my a/c unit with a standing unit in my apartment – which I do not want.

Does the landlord have a legal right to force me to change my personal a/c unit (btw I have been a tenant for over 20 years)?

Any advice would be greatly appreciated as the landlord continues to harass me. Thank you.

Answer: Portable units will still need to drain at some point. A compromise suggestion might be to add a diversion attachment on current and future window units that bring the condensation drip to run back onto the building and direct it further away from the commercial tenant's space or tie into a gutter.


Title: Can my job request my school schedule?

Question: My part time job told me that they could work with my school schedule. When I submitted hours I can work they requested my class schedule to make sure it is consistent with the hours I requested. I allowed time for homework etc. when submitting the hours I was available. Can they rightfully ask for my school schedule for "proof?"

Answer: they can ask, you can refuse.


Title: Doctor did not perform procedure and now I'm getting calls from bill collector (CO)

Question:
Last year, I encountered issues with my bladder. One of the procedures they performed was a cystoscopy (look inside bladder). I had a follow up scheduled for the end of December 2018, but the doctor wanted to perform the procedure in her office.

I arrived for my appointment and they took me to an exam room where I was prepped (basically some topical lidocaine around the urethral opening). However, when the doctor tried to perform the procedure, it still caused me significant pain, at which point she stopped and asked if I would prefer to do the procedure under general anaesthesia (as before). I said "yes" and she said someone from her office would cobtact me to schedule the procedure. On my way out of the office, I confirmed again that someone from their office would ne getting in contact with me, and she affitmed.

I received a call about a week later from someone saying they would be calling me soon to reschedule. That was the first week of Jan. 2019. I have not received any further communication from their office but am now being contacted for payment for a procedure that was not performed.

I have asked for an accounting of the bill to be provided to me, but have not yet received anything.

What are my options at this point?

Answer: You still have to pay for the doctor's time and all the prep work


Title: 7-year-old racked up $300 worth of in-game purchases on dad's credit card. Is dad responsible for the full amount? (Ontario, Canada)

Question:
Asking for a friend, who I know can't afford this right now. Like the title says, the kid simply kept buying "gems" and apparently ended up buying hundreds of dollars' worth.

I've done some [googling](http://www.creditcards.com/credit-card-news/whos-responsible-kids-unauthorized-charges-1279.php) and apparently after a class-action in the US, Apple now offers refunds on such unauthorized purchases. I am not sure if that would be the case in Canada as well, but in any case I've already advised them to start a process with Apple.

Anything else? A credit-card dispute perhaps? (A concern would be that it might impact their credit rating, but I guess that's a secondary consideration.)

Other than selling off his video games, any other advice? Thanks!

Edit: Apple has replied and will refund the purchases.

Answer: Call apple/Google, they can do a mass delete of the game and refund.  Tell him to set a password.


Title: Did the writers of the Fifth Amendment intend for the Eminent Domain Clause?

Answer:
 Yes.

Eminent domain is a thing that predates America. The concept came over to the New World as a part of British common law.

Jefferson had actually proposed completely eliminating the practice, but Madison won out and entrenched the duty of government to provide fair compensation.


Title: Woman is threatening to out me/blackmail to my contacts list. What do I do?

Question: So I identify as a straight man but I have been thinking of exploring my sexuality. I was on grindr and came upon a trans woman who was interested in hooking up. We set up a time and place and when I came over, I immediately had a change of heart and wanted to leave. I said I had to use the bathroom, and when I came out, I said that my friend texted me and that she was in trouble and that I had to go. She became insistent that I show her the text (there was no text) and I was insistent that I wanted to leave. She kept asking "what's wrong with me?" and then when I tried to get out and leave, she blocked the door and forced me to show her my driver's license. She said she had to confirm that I was an adult. After several minutes of back and forth, I caved and showed my birth year. She now has been texting me and threatening to out/expose me to various facebook friends, including my classmates, ex girlfriend, and my mom. She told me to come back and apologize, but I don't feel safe going back. I did text back to apologize though. I'm very scared, what should I do?

Answer:
 If she posts anything on line calling you out, a simple "I have no idea who this person is or what they're talking about."  If you feed into it you will fuel the drama.  Treat it like a non-issue.

Going forward, don't do the whole "my friend has an emergency" line.  A simple "I'm a little overwhelmed.  I thought I was ready for this but I'm not.  Im sorry for inconveniencing you." is a lot more respectful and it's honest.

Edit -

Also, just to clarify, you seeing a trans woman does not make you gay.  There are plenty of straight men that date trans women and it doesn't mean in any way you or they are gay.


Title: Dad had open heart surgery and fell in recovery

Question:
My dad had his mitral valve repaired 2 days ago. My mom has been with him the entire time . She had tried to buzz the nurses with no avail during very routine situations.

At some point my dad needed to use the restroom. She buzzed again and nobody came. So she, 135lbs, helped her 210lbs husband to the restroom.

Waiting outside the restroom she heard a thud from inside. He had passed out and fell face first. Likely breaking his nose. She then walked in to in a pool of blood and assuming he had died and seems quite very tramtized by the sight.

I addressed the nurses and apparently the "nurse call" cord was not plugged incorrently.

The head honchos at the hospital are going to speak with my mom tomorrow. She isn't a sue happy person,  I just don't want her to say the wrong thing.

Should we lawyer up? I really don't want to make the situation worse but I need look out for my mom...

Baton Rouge,LA

Answer:
 Falls happen unfortunately. Ideally, your mother would have walked out to the nurse's station to get help prior to getting your father up.

The hospital is already going to pick up the bill for anything stemming from the fall. Your mother can consult a personal injury lawyer if she is looking for more than that.


Title: My boyfriends employer is changing his between salary and hourly depending on his hours.

Question: My boyfriends boss is crazy and he’s had multiple other problems with them. But he’s convinced that what they are doing with him is Illegal, so I just wanted to ask for help from the sub before he does something crazy and gets fired. He was working over 40 hours consistently so his employer moved him to salary, but now there are pay periods where they close early and he doesn’t get his 40 hours, his employer is paying him as if he were hourly. I tried to do some research on Utah labor laws but I couldn’t find exactly what I was looking for. But if I understood Utah law well enough even on salary he should be getting paid 1.5x for his hours over 40 on salary. Thanks for the help or any info you can point me in the direction of!

Answer:
 The company is violating federal overtime law. He can either be paid salary and make the same amount each week, regardless of time worked (provided his job duties qualify), or he needs to be paid overtime when he exceeds 40 hours a week.

He can either sue or file a wage claim with the US department of labor. Utah's labor department won't help because Utah has no overtime law, and the department doesn't enforce the federal law.


Title: [WA] Can manipulating someone into not applying for a promotion be age discrimination?

Question: My 50's mother in currently in a temp (6 month full-time I think) position and a permanent position opened in the vacancy of her coworker, same job just permanent.  She was told not to apply because it would interfere with her position possibly going permanent. Within a week of that, the application on the other position closed and she was also told her job was not being changed to permanent. They were going to close her temp and open an identical perm job in her slot that doesn't have a new application period but is pulling from the list of candidates from the job she was told not to apply for. She was told afterward that they were specifically looking for someone 'energetic and outgoing' in both positions. Given the fact that she was told she might be changed over, and was told she wasn't right after application closed, it is really fishy. Is this a defendable age discrimination case?

Answer:
 It might be, but it would be an uphill battle.  Your mom would say it's because of her age and the employer would pull together all kinds of documentation trying to demonstrate otherwise.

Keep in mind that permanent is a relative term since it's all at-will.


Title: i ignored cc bills out of anxiety- tried to make it right but apparently was too late. need advice.

Question:
i'm a person in their twenties just trying to live day-to-day. i have had a lot of issues with anxiety and depression and a main coping mechanism i've used previously was to pretend things aren't wrong. the first time it ever happened in a big way was when i was in university and my mental health issues really came to a head- i couldn't go to class. i couldn't even get out of bed. they kicked me out of school and i owed money which i almost ignored. thankfully it was a payable amount and i paid and it went away.

that was almost a decade ago and my anxiety has gotten better and worse, at different times. right now it's really bad. i've been ignoring collection calls and ducking creditors. when i recieved a letter from my cc bank's lawyer's office - i called several times and left messages but never heard back. this was a few weeks ago. i owe like 12 grand now because of interest and i wanted to arrange to start paying it off and speak with a financial advisor. i never heard back from the lawyer's office though.

i found a letter on my kitchen table this morning addressed to me, but with no stamp. one of my roommates must have left it there. i'm not sure if it was 'served' to one of them or if it was left in my mailbox. it was papers saying that i was served by the bank to go to court.

i just called the 1-800 number for my province's legal aid, in a panick - the automated message let me know i didn't make little enough to apply for it but that i might be eligible for something else.

i'm so scared to tell my family. i'm honestly such a disappointment already and i feel so low right now that i want to crawl into a hole and never come out. i have no idea what to do right now. i'm terrible at managing money so i have no savings, but i've recently been trying to budget and getting better at it. i even called my phone provider(which was the scariest thing to do for someone with my kind of anxiety) and got them to set me up with a better plan so i wasn't paying so much each month.

i'm so scared and ashamed and feel like a shitty person who doesn't have anything together, and my instinct is to not do anything but i know that is the worst thing i could do right now.

please if anyone can point me in the right direction i would really really appreciate it.

Answer:
 You need to appear in court since you have been summoned.  They can take you to jail if you don't.

If your mental issues are severe enough to make it where you can't handle life, then you need to seek some help.


Title: I am having a landlord dispute, that I believe has escalated to harassment/discrimination. Advice requested.

Question:
Ok guys, I will do my best to explain this with all the necessary details. Thanks in advance for even taking a look.

We just ended our year long lease at the place we are living in (a duplex with four sets of tenants), and living in the first month of our month to month basis until the lease is resigned. The month to month rules are exactly as listed on the lease. Our year had no written or oral complaints from our landlord. He has gifted us and seemed genuinely positive in all of our interactions. We developed a strong friendship with our neighbors upstairs and frequently had them over, as well as been over to their place. (Call them Brady and Steve) Both of us have frequent large gatherings involving the other. Our other neighbor (call him Rick) with us on the ground floor, has voiced 2 complaints about our noise before. However he has given us several gifts, had us over, and I would definitely consider him a friend as well. It has never been anything but completely civil. The final tenants, we have never even met or spoken too. We are happy here.

After paying rent this month, my LL dropped by unannounced (he has done this before, and asked to enter to do repairs without notice, but we've never minded even if it felt invasive) while I was at work and confronted my GF and roommate. He proceeded to put us on blast. We were too noisy.  Steve, and Rick had made numerous complaints to him about us. We can't have all these people over. We cant' have all these people can't stay the night. One of our cars has to go. People can't bring their pets over. He told her that those guys paid more then us so if someone had to go it was us. Shape up or ship out were his words.

My gf informs me of what the LL said and I'm irate. But soon, I'm embarrassed and just bummed the fuck out. We had no idea we had made the people here so unhappy, people we thought were our friends. We quickly agreed to move out and resolve it neatly for everyone. When Brady and Steve find out that we were looking for a place, they approached us and said that they had never complained about us to Eric, wanted us to stay, and considered us friends. Eric had asked them about us sometime in the past, and Steve had said we can be loud, but never that he had ANY problem living with us and the current way we lived.

We were confused at this point now, but figured maybe it was just Rick that had complained, and we could understand why he would, even if it felt like a turn of face for not coming to us if it was so bad. We figured we could definitely tone it down for him if that's what he wanted. Strange but not unreasonable. We shot the LL a text (his preferred method of communication), and apologized greatly and asked if we could stay. He said he was happy to hear it and wanted us to stay, he'd be in touch.

Here's where things began to take a really strange turn. We receive a letter from the landlord laying out these stipulations. I had not actually heard him address these issues myself, only my gf's panicked recollection of when he came by. I'll just quote these things. I'll also note, none of these are in our lease.

"The 4plex property is not like nay other, as I'm sure your now aware. The close proximity to your neighbors is almost like sharing an apt. w/them. Think of them as your roommates. Before you moved in, I stressed the important of communal living, every one getting along & respecting the privacy of each other. It seems we've strayed from that. Below is a list of expectations that should be followed in order to keep the peace @ the property.

(Note from OP here, the duplex is very simple. Four separate apartments of varying design, all stuck together. We can't get to each others homes through doors or anything like that)

1. Large weekly social gathering, be it for "game night" or "fight night" need to come to an end.
(This was my first red flag. We don't have game night or fight night...but I do watch a lot of UFC and play a lot of board games with my friends. I have no idea how he knows this about us. But I'm fine with this.)

2" Guests, friends & visitors coming & and going @ at all hours of the day & night needs to be curtailed.
(Don't know what he's talking about here. People usually arrive at my home between 10:00 am and and 9:00 pm. My gf works a changing schedule and sometimes works nights or early mornings so of course shes gonna be coming and going.)

3. Noise after 10 pm be from the tv or stereo needs to be turned down. I've received complaints from Steve upstairs and Rick next door. (Sure. Never knew this was an issue, but sure.)

4. No dogs ever!!! Tell your friends to leave them at there place.
(What? This is a pet friendly place. Everyone here except Rick has pets. We have 3 cats, and we've had dogs over multiple times while we've lived here. This is not listed in our lease either so it's not like we tried to hide it. We had always been treated as this was fine.)

5. No one is to spend the night. AKA Couch campers.
(I'm getting mad as I read this now. I have friends and family, and more then enough space for one of them to spend the night. Everyone else at the property actively have overnight guests. This is obvious.)

6. Your rental application states that neither of you smoke, but I've noticed on your outside patio table an ashtray that seems to get regular use. If your not using it I wonder who is?? Your apt patio is not a "Smoking lounge" for you and your friends? No smoking is aloud inside the unit either.
(We knew this was a no smoking apartment, and we signed as non smokers. I still do not smoke. I haven't bought a pack in over a year but I'll take the occasional drag. My gf didn't smoke at the time, though she smokes at her work now. She does not smoke at home. The ashtray is to accommodate our guests because I got tired of picking buds up. Some people who come over here are smokers. Brady upstairs actively smokes, so again, just accommodating. Seems entirely unreasonable. I don't think I should have to my guests smoke in the street.)

7. You have until the end of the month to find a new home for the white subaru. That should give you time to either fix and sell it, sall it as is, or have it towed off the property. It being used as a temporary storage unit is not acceptable.
(Understandable...but we asked the guy about this! We got a new car putting us at a total of 3. I pulled my jetta out of the lot and to a nearby sidewalk to not take up 3 of the 6 spaces. We told the LL the subaru broke down and we had a new car, did we need to do anything? He told us nope. So it has sat there for 5 months without a word from the guy. It has some random shit in it, I did not know the dude was looking in our car.)

8. Parking in front of your apt. is for the two of you and your cars. Plus space for "A" guest. The same goes for Rick next door. Your friends are not entitled to take up all the parking out there.
(Never knew this was an issue, I know for a fact we have never taken Ricks spot and there is a TON of parking on all the open sidewalk right in front of our home and Rick has never mentioned this.)

He then ends it saying this is non negotiable, and we need to sign it. I think this is ridiculous and do a little bit of online law reading. (I was in mock trial in HS so I like to pretend I know what the hell i'm doing) I definitely started thinking this shit was falling into harassment. So I figured, I just needed to talk to the guy myself. I'm not afraid of a tough conversation. After ignoring our request to meet for a few days, he finally comes over. I have taken a few nerve steeling shots and began my questions. I'll do my best to summarize.

Why did we not get any notice of any this in the past 12 months? Why were we not given a chance to address any of this? He told me he did not know. He just inferred that Rick was seriously unhappy and that we were "rocking the boat" and that everyone has got to be happy. I told him the guys upstairs are definitely happy (they spoke to him after we told them bout the letter and they told him they wanted us to stay, he brushed them off). He said that didn't matter, the issue was between us and Rick. I asked him when Rick expressed his concerns, at any point, why did you not come to us for our view of the situation, versus a rights stripping letter? He told me he did not know. I asked him if he would put any of this in our new lease, he said no. I asked him, does this apply to everyone here or just us? He told me just us. I'm started to get heated now and the guy can tell. So I asked him "Are you telling me my neighbor can have people spend the night but I can't?" He told me yes. I then told him that this was my declaration to quit harassing me. I feel you have fully begun to harass me, and this is a continuation of it. The guy starts yelling, "you wanna leave?! ITS THIS OR LEAVE!" and I told him I'd be out by the end of the month, and that I wasn't going to take this.

So, I'm fuming in my front yard, just minutes after this happens, and Rick pulls up. He says the LL gave him a copy of the letter. I make a snide remark because I'm hot. The guy comes over and immediately explains that he didn't complain to our landlord, our landlord just asked him questions about us. He had told him that we had been loud but that he just told us to quiet down and that was it. He had asked him if there had been dogs over, or how many people stay and when. What they are doing and what not. He then had us over, hung out with us, and showed us his text he sent the LL that he had no problem living next to us. He said the letter hurt him, made him feel awful, and made him feel like the bad guy that he had no intention to be.

So, I don't want to leave anymore. I want to stay because I am close to the people I live with and have nothing but positive relations with them. I don't know why this man manufactured this all about us, but the only thing I can think of is, he just doesn't like our lifestyle. If I have no choice really but to move, do I have a case for any sort? I don't like bullies and this guy actively tried to damage my friendships with lies and push me out of here. I don't want to just lie down and take it. Thanks again guys.

TLDR: My landlord lied about other tenants complaining about me. And is trying to get me to sign a ridiculous letter that strips me of various living rights that don't apply to other tenants, or is in the lease,(guests, people sleeping over, etc). We've had no complaints or anything from him this past year. We are on a month to month lease and he is holding this letter over us to renew. We want to stay to be with our neighbors in the complex who like us. We are on a month to month lease and he won't resign us to a year long without us signing the letter.

Answer:
 This isn't harassment or (illegal) discrimination.  It's certainly not illegal to tell a problem tenant to shape up or there will be no new lease.

Edited to add: It sounds to me like your "friends" have complained about you and just don't want to admit it to your face, not that the Landlord magically guessed correctly about things you were doing in an effort to ... discriminate against your "lifestyle" or whatever it is you're trying to claim. The only "bully" in this story is you. Answer #2: > We are on a month to month lease and he is holding this letter over us to renew.

Sign it or start looking for a new place to live.  Those are your choices.  I don't see any third options, but maybe someone else does.

IMO, this is not harassment.  Answer #3: Tl;dr

In general, if you don't have a lease in place, you can be evicted with 30 days notice.


Title: Insurance Company won't pay out after my car was stolen, citing a clerical error on an insurance application almost 3 years ago, on a different vehicle. (Alberta, Canada)

Question: I had my vehicle stolen from in front of my house on September 4th, 2017.  I filed a police report, and let the insurance company know right away.  I actually really wanted the vehicle back, even though it is my second vehicle and not really worth all that much. (I'm a big vw fan so i keep this little jetta around).  They offered me a value initially that was far lower than i felt the vehicle was worth,  so i kept going back and forth with them about this.  Sometime in January 2018,  the vehicle was recovered.  I was elated! There was some damage so they decided it would be a write off anyways.  Unlucky.  So we got to a number finally but before they paid me out, they put the claim on a "non prejudice basis" and started an investigation on the claim suspecting insurance fraud (it wasn't).  I filed my notice of loss with them, and let them go through with their investigation.  They came back and said that when i initially bought the insurance policy with them (3 year ago, and 3 vehicles ago) that i didn't accurately represent one of the vehicles i was insuring. (i said it didn't have any damage, and there was some, but never ever made a claim on it).  Because of this they are using it as grounds to not pay the claim.  It will be 60 days since I filed my notice of loss,  what are my options?  Do I sue?  Help!!

Answer: They will find any excuse not to pay. The issue is with the current car you are making a claim against. If everything is in order with the current insured vehicle, the insurance company doesn't have a valid reason to pay out a claim. Dispute their investigation and get advice from Alberta's Superintendent of Insurance.


Title: Can I refuse service to people in my store?

Question:
I don't want to describe the type of business but you can just consider it a "regular store".  I've been having a lot of thefts and I've been reviewing the DVR and it's the blacks stealing every time.  I'm fed up and I want to ban them from my store.

I'm sort of in the ghetto but they don't buy much anyway and where I'm from the real paying customers will enjoy a "brighter" shopping experience if you catch my drift.

If it's illegal to ban the race, can I cast a wide net and at least ban baggy pants\long tees from my store and catch 95% of them?  I see "No shirt, no shoes, no service" and some bars ban this attire so I don't see why it would be illegal.

While it won't get them out of the store, it will discourage them from coming, could I just charge them different insanely high prices so it is effectively banning them without banning them?  Similar to how restaurants give discounts for seniors, I am giving a discount (the normal price) to everyone but blacks.

I can always be rude to them which isn't illegal, but I want to stop the thefts.

Any help here?  I have an infestation.  Kentucky is the state.

Answer:
 If you're a troll, I give you a 1 out of 5 for Originality and a 2.5 for Execution.

If you're for real, I wouldn't help you if you offered me a million dollars.


Title: Coworker abandoned tools

Question: [removed]

Answer:
 This is *probably* theft, you can file a police report, but you might have trouble getting them to act on it.

You almost certainly have a strong basis for a civil case.  Take screen shots of the texts and save them multiple places.  You have the journeyman admitting to his actions.


Title: [Florida, US] My friend (21) is dating a minor (16). Is it even legal?

Question: He and I both grew up in a very Christian environment. Couples who date never had sex before marriage. But a friend of mine (21) got a girlfriend (16). Is this legal even if they don't engage in sexual activity? Her parents are fully supportive but I know that makes no difference to the law. Could he get in trouble for this?

Answer: No sex means totally legal


Title: (CA) Can a potential employer require an unpaid trial period?

Question:
This is in LA county, California.

I had a group interview for an assistant dog trainer position yesterday, and at the end she told us all that she would start us off with a three-day trial period. In this period we're expected to work half days (or stay for full, which she said was "welcome but optional") with no pay. She asked if any of us could start our trial periods right after the interview, but none of us were free (and I was pretty sketched out to be honest) so she just had us list the soonest time we could start.

Is this legal at all? And if it's not, is there anything I can, should, or must do about it? I don't know if I'd be required to report or at least warn them, or anything like that.

Sorry for the bother everyone, and thank you for reading.

Answer:
 > In this period we're expected to work half days (or stay for full, which she said was "welcome but optional") with no pay.

This is not legal. If you work, you must be paid at least minimum wage.Answer #2: When I was 16, someone tried this on me at his restaurant - after I had completed training. I called him on it and he cut me a check.

They likely know what they’re doing isn’t legal. Just let them know that you also know that.


Title: I broke my ankle at a nightclub. Should I try suing?

Question: I'm not exactly sure whose at fault here. I dont remeber much because I may have been drugged(only one drink and blacked out). I slipped and fell on the dance floor which resulted in a broken ankle, the floor was very slippery and very crowded(there was a big mosh pit). When I got up I walked off the floor and when I did I got snatched by a bouncer and escorted out of the building without a reason. I'm assuming because I was limping or appeared to be to drunk. Winning a case with alcohol involved may be impossible to win but if there floor had empty water bottles and garbage on it and is known to get slippery once it fills up, that would be on there end, am I correct?

Answer:
 > I dont remeber much because I may have been drugged

Do you have any evidence? Was it a beer or a mixed drink?


Title: Wjat happens if you commit a federal crime during the government shutdown?

Question:
Topic:
Criminal Law

Answer: Same thing that would happen if the government wasn't shut down.


Title: [MN] Marriage of Convenience, Marriage Fraud and the FAFSA

Question:
Long story short, parents pay 0 to my college, have paid 0, and will continue to pay 0. Their income has gone up resulting in my EFC (expected family contribution) quadrupling and disqualifying me from Pell Grant and all associated state grants. This leaves me utterly incapable of paying for college going forward. I have a friend who I trust with my life, has been my closest friend for years, and suggested the idea of a marriage of convenience in order to be considered an independent. Both legal natural born citizens, she is from North Carolina and will be moving to Illinois for Graduate studies in the fall. Any legal fees that result from the divorce are laughably small in comparison to the debt and lost wages by not finishing college for another 4 years. For sake of argument ignore the morality of such a plan or any chance of betrayal by the other party.  The actual legal advice questions:

*Does this constitute fraud? If so what are the laws which state so? My own research only dug up cases and laws relating to marriage fraud in immigration.

*What are the long term implications of being divorced as compared to never married once both of us would no longer be financial dependents? In other words what is the difference for a 27 year old single and a 27 year old divorced person in legal matters.

*Can things like debt, alimony, etc be enforced against the wishes of both parties, or in other words if both of us do not desire any division of those things, but wish to keep our finances separate as they will be through the marriage can a court enforce a division?

Clarification, I still have 1-2 years left of undergrad, she is going to be a grad student.
Happy to answer any clarifying questions, thanks for any insight you can give.

Answer:
 But ... if you are in a graduate program, you are automatically considered independent and your parent's income is excluded. Answer #2: Welcome to a situation that many people deal with every year. I dealt with it.

I recommend you don't. Either delay your studies or transfer someplace where federal loans can pay your tuition. You have no guarantee you'll receive anything even if you are an independent student: your spouse's income will be factored in. I waited to enroll until I was 24 and only received a Pell Grant for one year. You have zero guarantees.


Title: Being told i am not allowed to visit senior at my previous work

Question:
Backstory: i used to work at a senior care home and i still go back every now and there visit a resident that i grew pretty close to. She calls me her daughter. I quit the place on pretty bad terms. I quit about a year ago and am still visiting my old lady.

I am being told that I am no longer allowed in the premises because of the way I quit and because I am a previous employee of the place. What are my options?

Answer: They don't have to let you on the property


Title: Need advice about a potential copyright case involving a character we are trying to make a sitcom pilot about.

Question:
I have recently been informed that the character we have been making web shorts with has a similarity to a character on The Simpsons. Not a major character on their show but a main character on ours, and their physical description is similar. Beyond physical i don't think there is much other resemblance, but i don't watch the show to know.

I don't want to invest a ton of time into pursuing this if there is blatant infringement. My friends say that there is enough dissimilarity that it doesn't matter, but i don't know the law that well.

The character is Bumblebee Man - You can read a short bio here http://simpsons.wikia.com/wiki/Bumblebee_Man

our Character is named Frank, heres a link to a short -http://www.funnyordie.com/videos/31e2717a0b/frank-the-bee-ep6

Am i making too much of this?

EDIT: we are currently in Michigan, but we would try to make it national)

Answer:
 I think you're writing that the only similarity is physical.  Meaning, there's a guy dressed in a bee suit.  This is generic and the generic idea of a guy in a bee suit is not copyrightable.

By the way, Bumblebee Man on The Simpsons is himself a caricature based on another show.  Source:  https://simpsonswiki.com/wiki/Bumblebee_Man
Answer #2: I'm an expert on The Simpsons, so I will weigh in here. I conducted extensive research (26 seasons ay ay ay!) and determined that your character is nothing like Bumblebee Man. He is a Spanish TV host who wears a bee costume, and occasionally pops in for punchlines and to fill a church pew. Your bee has no accent, wears clothes and wants to date lady bees.

Besides, Bumblebeen Man is himself a parody of [El Chapulín Colorado](http://en.wikipedia.org/wiki/El_Chapul%C3%ADn_Colorado).


Title: Cabinet fell off wall - broken computer + glassware

Question:
Was just unloading the dishwasher about two hours ago when a cabinet fell off the wall, landed on my laptop and spilled all of my glassware onto the floor. The cabinet hit my head after hitting the counter, though I suffered only minor bruising. The laptop has a cracked screen but is still functional.

I don't have private renter's insurance, and just moved into the townhome ~2 months ago. I live in NE. What is the most diplomatic way to handle this in order to continue living at my current residence and (possibly) getting reimbursed for damages? I've already taken pictures of all the damages.

Thanks for any advice!

Answer: You can talk to your landlord, but unless the cabinet was installed negligently, I'm not sure there's much you can do.


Title: [MN] My landlord is refusing to install storm windows into my apartment like he is legally required to do. What can I do about it?

Answer:
 I would start here: https://homelinemn.org/

Applicable law, btw: https://www.revisor.leg.state.mn.us/statutes/?id=504B.161


Title: Retaliation for calling OSHA

Question:
The food place I worked in for the last 6 months has had some consistant safety issues, I have brought them up to the boss multiple times and have mostly been ignored. Recently they installed a new metal holder that I have cut myself on three times. So I've always been a squeaky wheel.

I reported the store to OSHA, they called me to condirm what I reported and were incredibly nice. He also mentioned I was protected from retaliation.

This week the new schedule went up, I typically work 36-40 hours a week. I was scheduled for 16, on what most people would consider, shitty shifts.

Who do I contact to report retaliation. I'm certain she knows it was me due to my history reporting unsafe things.

Answer:
 > *"I reported the store to OSHA, they called me to condirm what I reported  and were incredibly nice. He also mentioned I was protected from  retaliation. "*

&#x200B;

Call him back and tell him the situation - he already told you that you are protected

&#x200B;Answer #2: Reach out to OSHA and tell them what happened.


Title: Car was towed after being double parked by some one.

Question:
So today my girlfriend visited my Apartment complex. she was parked for an almost an hour as we prepared for our night out. The apt complex I live in has assigned parking and the spot my girlfriend usually takes was taken. so she parked in the spot next to it. when we were coming out there was a car sitting behind her car and another car. we were in a hurry and took my car instead. when we got back the other car was still double parked behind us, and it was late so we didn't want togo door to door to figure out who's car it was. In the morning gold car was still blocking us in, so my girlfriend took my car to work. when the tow truck came we thought they would pull the gold car but they towed my girlfriends car instead. after moving the gold car.. the only reason we couldn't move the car was that there was a car blocking us in. literally bumper to bumper. The tow fee is 300$ and I don't think it's legal to block someone in just to have them towed.
any and all help is appreciated.
we live in California, Santa Barbara.

Answer:
 You were parked in someone else's spot. You were towed.  End of story.Answer #2: So your girlfriend was parked in a spot that belonged to someone else?

My advice would be to pay the fee and move on. It is $300 and it is certainly easier to just pay the fee, not park your girlfriend where it should be towed, and move on.

Even if by some legal jujitsu you are able to secure a judgement in small claims court for the towing fee your girlfriend got for parking her car in someone else's spot, which would be hard, you would still need to collect.


Title: "We don't need a reason to fire you" as told by HR

Question:
I'm 1 of 9 partners in a 7 million dollar grossing company annually.  Long story short, we have gone through a huge shake up where the majority shareholder(president) is trying to put his incompetent son in charge of the business as the new CEO.
He has fired our best two people in my opinion who were shareholders, one of which has been there 28 years and was the VP.  He did this because the former VP spoke up and voiced his serious concerns about nepotism and the future of our company when the president retires in 1 year.
I've been with this company for 15 years and a person I use to manage is now my "boss" because the president saw him as a weak link and promoted him to get on his side.
When I finally speak up, my new boss presents me with a letter stating that I'm on probation for 60 days where I will be closely monitored because they feel I haven't accepted the new management structure. It states "after your 60 day period, your position and standing with {company} will be evaluated."
Our newly appointed HR person sat in on this meeting and stood by my new supervisor. This HR person has no formal HR training and was brought on to be an office assistant 1 year prior. Our president found her as a weak link as well and gave her the title of HR manager. She obviously has read something about HR in my state (Idaho).
I asked them after 60 days it's up to your interpretation if I have met your expectations and the HR responded "You are a white male under the age of 40, we don't need a reason to fire you."
Is this right? If they let me go, what legal action can I take if any?

Answer:
 Your state is an at-will state, meaning your employment can be terminated without cause.  If they do so, you'll be able to get unemployment benefits.

You should start looking for a new job now before unemployment surprises you.


Title: [MI] TL;DR Friend was called shitty in a massive text message sent out to every employee, including those under their authority.

Question: My friend is an LPN and a supervisor on her floor. She called the doctor in charge of medication to get pain meds for a patient.  She got a message back that the phone was not in service. She called hotline next, which is on a different floor.  She waited for the hotline to call back, but had to return to her floor because she has patients that are pretty needy.  The nurse on floor with hotline was aware of situation.  No one called.  She finished passing meds on my floor, told the patient who needed the pain meds what was going on and waited.  She went back to floor with hotline to warm up food because there wasn’t a microwave on her floor.  She then went back to her floor. Both are patient areas, but she is only a supervisor on the without the hotline.  While my friend was warming up food, the physician’s assistant from the doctor in charge of medication left the order for the pain medication with my friend’s aide, which is not normal. They did not to my friend’s knowledge call the hotline, as she would have heard it when on that floor, nor her cellphone when trying to deliver the order for the medication. The next day a text went out to 27 employees, some of which my friend supervises that her aide and her were “shitty”, and that they shouldn’t want to keep working there because they are “shitty”.  My friend is really upset about being called shitty. Does she have any legal recourse, like suing for defamation?

Answer:
 "Shitty" sounds like an opinion to me. Defamation cases hinge on the Defendant making an untrue claim that can be proven to be factually false. Unless "shitty" was meant in the literal sense, there's probably no defamation there.

This sounds more like a "talk to HR situation."Answer #2: No.  That's an opinion.  You can't sue someone for having a negative opinion of you.Answer #3:  Not at all.


Title: (Indiana) I'm being asked $55 to get my tires put back on my car.

Question:
Without signing any papers or even quoted anything, I'm being asked for $55 to put tires back onto my vehicle? Can this really happen? I went into a business and asked for a brake inspection. I made sure to say I'm only here because I have a warranty. They said they would look at it. Then I find out what's wrong with it and it's not under my warranty. I go to pick up my vehicle and they say they have to put the tires back on my vehicle for $55.

Without being quoted anything or signing anything, is this business allowed to charge me $55 to get my tires put back on my car?

Answer:
 Sure they are.

You also free to decline and offer to clear their bay by putting the tires back on yourself.

It's a standoff. Wait it out; they probably need to get your car off the lift more than you need the car.Answer #2: But shouldn't they warn yoU ahead of time of any charges that are going to be made?


Title: Question about being pulled over and the right to use a phone

Question:
I was recently pulled over in Austin for speeding (7 over) and was on my way to meet a friend. There were two officers, one at his car running my information and one on the passenger side of my car with his flashlight pointed in my car to monitor me. I was texting my friend letting him know I got pulled over and that I was going to be late and the officer told me not to use my phone. I asked him why, and he said for officer safety reasons. I told him I had never heard of that before and asked him if he had a legal right to tell me not to use my phone, and he said yes, that it falls under the officer safety law. This way, I am not able to call someone to come and harm the officers.

I have tried googling if it's actually illegal to use a phone while pulled over in Austin, Texas, but can't find an answer.

So, if I am asked to not use my phone while being pulled over, do I have to comply? Has anyone else experienced this?

- I pulled into a business and parked in the parking lot.

(Also posted this in /Austin)
Topic:
Traffic and Parking

Answer:
 There is no specific law which mentions cell phone use during a stop.

But during a traffic stop, you are being legally detained by the police.  That detention carries with it the limited ability to control or limit your actions.  Using your cell phone to contact an unknown party does present a legitimate possible safety concern for the officer(s) on the scene.

I would say that the instruction not to use your phone in that circumstance is a lawful order.


Title: 2 week paid vacation not an option for me, but given to a coworker

Question:
I live in Las Vegas, NV and work for a corporation that outsources customer service.

Last July, I had a hysterectomy due to a long term medical issue. When I reached out to my bosses and stated I just wanted to take a two week vacation rather than apply for leave, they denied it, stating I would need to use one week for unpaid FMLA and one week for paid vacation time, as they do not allow supervisors to take 2 week vacations. I still have all written communication regarding this.

Fast forward 10 months, and I'm told I need to work extra hours and cover for a coworker because he's taking a 2 week vacation. I agreed to do so, but I'm furious that they would grant a 2 week vacation to a coworker when they denied my own on the basis that they didn't offer supervisors this option.

Do I have any recourse, and if I did sue, could I expect to be fired? I saved all documentation regarding this because I had heard through other supervisors of colleagues who had taken 2 week vacations, but I could never confirm names of those who had actually done so. Now I do have a name and can make the direct comparison.

Answer: Unless there is a union or other contract they are free to compensate everyone differently.  For instance when they went to hire the other person they probably negotiated for 80 vacation hours a year, instead of trying for higher salary.


Title: What can we do legally when a child refuses to go to school?

Question:
This is in Maine.

Let’s start by saying, I started working with this family ~5.5 months ago. The young child (between ages of 7 and 10, but don’t want to get too specific), refuses to go to school.

We’ve set up a 504 plan to support the child’s emotional needs. The issue isn’t school itself, it’s being afraid they may miss out on something at home by being away. The child is very much a “mother hen” to their family and needs to know what, where, when, how, why at all times. We’ve done constant check-ins in school. Part-days if and when needed. The child has been very well accommodated in terms of meeting those needs, but to no avail.

They’ve also been linked to a therapist, one with a PhD that has been going to the home for observations and in-home therapy before and after school.

It took me 4 months to get this child re-enrolled with a 504-plan, and we all thought everything would be OK. However, since returning the child has maybe gone to school 3x in the last month.

The family has no control over their child, and the child knows this. If they don’t want to go to school, they won’t. And then the family blames the school, and myself, and the therapist for not doing enough to get the child back to school. They’ve threatened reporting the school to the state education board. But the issue lies within getting the child on the bus and off to school. The issue starts at home, and making sure this child is going. We’ve all done our part in helping to accommodate and support mental health and emotional needs.

They haven’t been in school all week. And they just texted me again to let me know. I know I shouldn’t feel this way, but I want to scream *what do you want me to do!? We have had this conversation over and over and over again!*

We don’t have truancy officers in this state, so what can we do? Is this something reportable to CPS or DHHS? Have a local police officer take a visit to the home? Something needs to be done to hold this child and their family accountable for not getting their child on the bus in the morning. This is serious, and I’m tearing my hair out trying to help but I’m at a loss.
Topic:
School Related Issues

Answer:
 The parents are responsible and are educationally neglecting their child.  It is too bad the parents can’t step up and actually PARENT their child.

Perhaps removal is the answer for now.Answer #2: [Here you go!](https://legislature.maine.gov/legis/statutes/20-A/title20-Asec5051-A.html)

There is a lengthy process, but ultimately the parents are responsible for this and can risk criminal charges as a result of the child's nonattendance.Answer #3: NAL- But this sounds like these parents are educationally neglecting this child. This is a *child.* If I ever told my mom I didn't want to go to school she would LAUGH at me and put me on the bus.

I would most definitely call CPS. The parents need to ya know, parent their child. If they can't maybe another family member can. But the whole 7-10yo being a 'mother hen' is kind of a cop out. What does this have to do with school at all? Are the parents putting the responsibility of caring for their siblings on the child? What else is this kid doing that they can't do after school? This is 100% a parenting problem.Answer #4: I would contact CPS as this is educational neglect. If the parents are enabling the child to opt out, CPS needs to step in to get the child into school somehow.


Title: Fair Housing Act vs Virginia Lease Laws vs Religious Laws

Question:
So  an interesting topic came up in a real estate license renewal class the  other day, that no one knew the answer to. I'm very curious as to what  more I could learn about this.

Here's the setup:

Fair Housing laws state that a property owner cannot discriminate based on sex, race, religion, etc in regards to tenants

Virginia Leasing laws require that all adult (18+) parties MUST sign any lease

Some religious sects do not allow women to own/lease property, and therefore can NOT sign such a lease

Is  the landlord in violation of Fair Housing laws if they refuse to rent  to such a family, as the landlord wishes to abide by state law?

OR

Is  the tenant protected by Fair Housing laws, even though it is in  violation of Virginia State Laws by not having all adult parties sign,  as the tenant wishes to abide by their own religious beliefs?

Also as a secondary question, how would something like this apply in a buyer/seller situation for a home sale?

Answer:
 In general:  state law trumps religious traditions.

If the Church of the Shoe God dictates that women cannot sign contracts:

The landlord cannot refuse to rent to you because you follow the Church of the Shoe God.

The landlord *can* refuse to rent to tenants who will not sign the lease.

It's a picky distinction but an important one.

There are religious communities/organizations that are allowed to be exempt from certain laws and regulations, but those are clearly spelled out (For example, the Amish are exempt from certain forms of taxation).  If the Church of the Shoe God got an exemption to the law requiring all tenants over the age of 18 to sign the lease, then the landlord would not be able to refuse their tenancy on those grounds.

With a home sale, it's different because there aren't laws that require every adult in the house to be on the deed or mortgage.  If your only grounds for refusing to sell the home to them was "I don't like the way you Shoe people won't let your women sign contracts", you could be running afoul of FHA laws and could be sued/fined/penalized for illegal discrimination.


Title: Boss fires me after I quit? Also boss could be illegally paying me less?

Question:
So I quit my job yesterday and my boss got in contact with me today and long story short, she fired me. Can she do that? Also someone has told me that she wasn’t legally paying me enough, does anyone know about minimum wage on a military base?
Topic:
Employment Law

Answer:
 The distinction between being fired and quitting usually doesn't matter. Unemployment's one exception, but being fired (without cause) is often better for that purpose

> does anyone know about minimum wage on a military base?

What did you do? Were you a federal contractor?


Title: (IN) False report of neglect to CPS

Question: Indiana--I got a call and visit from CPS today. Someone claimed I don't care for or feed my son (2.5 yr). I strongly suspect (though I have no proof) that my ex's family made the call. They have been harassing me for the last 2 yrs. The reports were (obviously) false. My questions are what can I do to protect my family when it comes to CPS? How can I stop the harassment from my ex's family? And can I do anything about these accusations?

Answer:
 You have no control over others making false reports. If there is an obvious stream of false reports, cps can choose to not investigate but that is rare. The reporters identity is not something that is released. So you cannot prove they did anything. They could also report anonymously.

 In regards to investigations, you can choose not to speak with cps. If the allegations are mundane, the report will likely close as being unable to investigate. But if not, then the police are involved and things escalate. So it is up to you. But if they are obviously false allegations, cooperation doesn't generally hurt. But again, it is up to you. You can hire an attorney to help with cps. That is your safest option.

Edit: sentence. Because my phone sucks today.


Title: Moving to new apartment no lease wtf. NYC

Question: So I'm looking for an apartment and I think I may have found it. So I ask about a lease and she says 'you don't need a lease don't worry about your rent going up if that's what you're concerend about". I just want a piece of paper that outlines her responsibility and mine. This is a BIG red flag for me am I wrong about this, i'm in NYC by the way.

Answer:
 NYC has very tenant friendly laws.  However I am not sure it is mandatory you have a lease.

If you want a paper lease, find a new place to live.Answer #2: If there's no lease, you'd be a month to month tenant. It's not necessarily illegal, but it's probably not the greatest idea. If you're not comfortable with it, you should find somewhere else to live.Answer #3: I've rented in NYC for many years, please do yourself a favor and find a place with a lease. And keep a copy in the cloud.


Title: Landlord is trying to extend lease duration AFTER I signed and without notice.

Question:
EDIT: I am located in Ann Arbor, Michigan.

EDIT2: It also appears that there is ANOTHER contract that one of my roommates had, this contract was from AUG 2013 to AUG 2015. I have not signed this one.

Hello. Just looking for some advice. Last August, I moved into an house that was already being rented to some friends of mine. I didn't sign a contract with my friends or anything during my move in. I just pay my portion of the rent and we call it good. Earlier this year, the landlord came by and had me and all my roommates sign another lease, one of the terms for this lease is that it goes from October 2013 to August 2014. I realized that at the time of my signature, that this date had already passed. The lease that I signed was an exact copy of the lease the other tenants had signed (they had been renting since 2013), I just assumed he wanted the names of new roommates on it. I was told by my roommates that our  lease goes til Aug 2015.

I'm in the process of finding a new apartment due to the end of that period coming up soon. Today our landlord said that the lease agreement we all signed goes from Aug 2015 to Aug 2016. A whole extra year from what we all believed. The landlord showed us a copy of the lease agreement we signed. It looks like he printed off a new copy of the page outlining the duration of the lease and changed the dates, then appended the page with all our signatures to it. We have a copy of the lease as we signed it, with the lease running from Oct 2013 to Aug 2014. The landlord never signed this one, I just realized. I certainly didn't sign a lease for 2014-2015.

What recourse do I have here? I've already put a deposit down on a new place. What should I do?

Answer: Generally, if he sues you, you bring your evidence and he brings his and the Judge decides. You will need to provide your location for more specific advice. Answer #2: Do you have a copy of what you signed?  Assuming that you do based on the dates you reference, what does it say happens at the end of the lease?  Does it renew for another year?  Go month-to-month?


Title: [New York] General question about what "reasonable" means.

Question:
I've been looking through various laws and failing to understand them. In particular, there is often a provision for when a person is acting "reasonably." Certain people are immune from prosecution for what would otherwise be crimes if they "reasonably believe" something. Most exceptions under Penal Law § 35.10 require a "reasonable" belief.

What's a reasonable belief? How is it determined? Is defense of oneself an exception to the general rules of causing harm if I have a "reasonable belief" that I am in danger?
Topic:
Other Civil Matters

Answer:
 The precise meaning of "reasonable" is often decided by a jury.  In fact, that's part of the point of having a jury in the first place.  As such, it can vary from case to case, depending on the facts.

It is a deliberately fuzzy term to account for the fact that the law cannot possibly explicitly account for every possible circumstance.  In a general sense, you can think about it as an "average person" standard.  If an average person would think your actions are reasonable, then they are probably legally reasonable.


Title: [Austin, Texas] My landlord nonchalantly informed me he is selling the building that I rent my apartment in. Year lease, halfway through.

Question:
Hey all. The title sums it up. It's extra complicated because my landlord is also my boss at my job. I learned a very important lesson for cheap rent on short notice.

I signed a year lease, halfway though it already. I was going to extend as I love my apartment.

He says they need to come in and take photos. Bring strangers through. I understand this and know it requires notice but I obviously fucking HATE it.

What to do about my lease? I am going to start looking for apartments today basically, and well, another job.

What does this mean as far as leases are concerned? Do they have to honor it? Can they casually break it and basically tell me to fuck off? I know I would be given notice but 30 days is not a lot of time.

Answer:
 Your lease goes with the sale. The buyer will be responsible for your security deposit. Neither you, your landlord, nor the buyer can void it unless you and your landlord agree to do so, or you and the buyer agree to do so.

Your landlord is allowed to sell the building. Provided they give you adequate notice (24 hours is standard), they can have potential buyers through to look at the place. You do not have to be absent, or to do any staging for the landlord, though it may help your relationship with the buyer if you're polite and helpful.

The new buyer is no more obligated to extend your lease than the current owner is.


Title: Black Mold in our apartment and landlord says its mildew.

Question:
I live in an apartment with 3 other college students and we moved in around May of this year. We rent from a large company that owns many apartment complexes around the area. We recently discovered that there is black mold in our living space and it has spread to every wall in the room. The first time we contacted them they said that it was mildew and we just needed to put a dehumidifier next to it to fix it. We have started to contact them as much as we can and logging the times that we emailed and called them. We have blocked off the area so no cats or people can get in the area.

So, is there any thing we can do to protect ourselves in this situation?

Answer: Have you tried cleaning it?


Title: Being screwed because of an "AS-IS" policy at a Pawn Shop

Question:
I'm in South Carolina

Alright, so 40 hours ago I purchased a Macbook and 2 Calculators from a small family run pawn shop.  I really went in there for the Calculators, but the laptop was right on the counter and was a pretty good deal so I picked it up as well.

The laptop wasn't plugged in, so I asked the person at the counter about it, and he said that it works perfectly.  The only reason they are selling it for so cheap is because they've had it for a while.

I brought it home and powered it on - the laptop's battery was broken and didn't hold a charge at all.  I thought it was no big deal, and I'll just bring it back to them the next day.

So I walked in, and *kindly* asked the lady if I could exchange or return the laptop because it was broken.  She said they had a no return policy, and all of their items are sold as is.  I told her that the person working the counter said the laptop worked great, and that I would not have purchased the laptop if I knew that the laptop was not working.  She mentioned that she *knew* the laptop battery was not working properly - but they still sold it because it was still "Working great".  We had an argument on the definition of "broken", and how the laptop technically wasn't broken because it still worked fine when plugged in.  I told her that her employee assured me it was working, and how her employee misled me into purchasing the computer.

Her husband than came from the back room and began arguing with me over the "As-is" policy, and how I shouldn't have purchased a used computer if I wanted to use it off the charger.  He said that laptop's batteries die after a couple years, and how it was stupid for me to think that this Macbook's battery should have worked.  He said whenever you buy a used laptop the battery will not work, and you have the factor the cost of a battery into the price (WTF).

The old lady at the counter then asked me how old I was - I said 16, and she said "You would understand what we're saying if you were older".  I immediately left the store - almost in tears because I couldn't believe what just happened.

I came back about an hour later with my dad - as you can expect the husband was *much* more respectful when my Dad came in.  He said he could do a store credit towards anything in the store.  I refused, and my dad said he thought a refund would be the only fair thing.  The guy disagreed, and said he would talk to his employee and call my dad with a resolution.

Well my dad got a call from the Pawn Shop an hour or so ago, and they basically said Store Credit is the only option.  The person on the phone acknowledged that the employee said the laptop worked, but they have an As-Is policy so it doesn't matter.  They also said I was no longer allowed on their property, and the only way to receive/spend the store credit is to have an adult use it for me.

What are my options?  Would a credit card chargeback be possible in a situation like this?  How would I return the laptop to them?  Can I get in trouble for posting multiple reviews to Google/Yelp or writing about them on social media?  Are they honestly allowed to sell multiple laptops with broken batteries without telling people or accepting returns?

I also want to add that I wasn't rude/threatening or anything to the people in the store.  I work in CS and would never be rude to any retail worker.  I was frustrated more than anything - but was not rude in any sense to the workers in the store.  I don't understand why I wouldn't be allowed in the store - especially to spend store credit that they are giving me.

Answer: You're lucky they offered a credit at all. As is is usually the end of it. Once you left the store you could have dropped the laptop, spilled something on, it replaced the battery with one that doesn't work, anything really. They don't have to take your word that you didn't do any of that. Take the credit and learn an important life lesson- buyer beware.