Title: Employer made me sign a written warning that threatened to withhold paycheck for a 2nd offense [Florida]

Question:
I work full time at a small business that hands out paychecks every Friday (they don't offer direct deposit for whatever reason). The owner usually hands out the checks before they leave in the afternoon, but because I help close the store at night before leaving I've occasionally left my check at my desk. They treat this as a very serious offense, because "employee wages are strictly confidential" and they don't want employees knowing each others' pay.

I find this laughable for a number for a number of reasons:

* AFAIK it's not illegal for employees to discuss wages and we all know what everyone is paid anyway.

* In terms of "security", they keep the checks in a slot at the accountant's desk for anyone who wasn't working
Friday to pick up at their convenience, so even if someone was so curious as to physically open my check and see for themselves what I earn, there is currently nothing preventing them from doing so anyway.

* Only two other people work in my department and they get the same or more than me, so there aren't any employees with a viable claim to unfair pay

Today I got a very nasty reprimand for leaving my check behind over the weekend again; it was returned to me crumpled up, with a written warning that the next time I left my check behind I would not be receiving it, which I was forced to sign. That can't possibly be legally enforceable, right? They have to pay me for hours worked regardless. What should I do in the event that I get careless and forget my check again? Let's say they withhold the check and I challenge them over it - if they fire me, is that wrongful termination, even in a right-to-work state? Could I file for unemployment?

Answer:
 It is absolutely illegal to withhold pay as long as you've performed work.  If you challenge it and get fired, talk to an attorney.

I'm guessing they aren't stupid enough to hold your check back from you, though.  It just sounds like someone's panties were in a twist and they wanted to make a point about it.Answer #2: > AFAIK it's not illegal for employees to discuss wages and we all know what everyone is paid anyway.

What is illegal is your employer forbidding discussion of wages. That violates the National Labor Relations Act.


Title: Confused by legalese: calendar day vs business day

Question:
Hey guys, I'm a senior citizen, and English is my 2nd language, so please help clarify :

> As used in this Agreement, “days” means calendar days. Any time periods herein which end on a Saturday, Sunday, or State holiday shall extend to the next day which is not a Saturday, Sunday or State holiday.

Calendar days here means normal business days (generally M-F for most businesses), right?

**EDIT**: I'm buying a house with a 3-day inspection period. If contract is signed on Thursday. I have Friday, Monday, and Tuesday to get a home inspector to check on it, right?

Answer:
 No, in legalese calendar days means every day.  Business days means M-F but not holidays.

So it's saying that if something that's supposed to happen winds up on a Saturday, Sunday, or holiday, you get till the next business day to do it.

Example:  Something is due on August 9.  August 9 is a Saturday.  You get until Monday, August 11, to do whatever the thing is.


Title: What are my odds of getting join custody/full physical as a father?

Question: I live in Missouri, so let’s just get that out of the way. The quick and dirty of the situation is as follows. I make about 70k/yr in a stable position, financially independent, and active in my community. My girlfriend and I recently had a child who is 3 months old. She has no job and hasn’t worked for almost a year, has no savings, no car, and another child from a previous relationship. Things between her and I are deteriorating rapidly and I’m afraid should I decide I’ve had enough that she will have custody of my son and have no means to provide for not only him, but herself and other child.

Answer:
 Somewhere between 0% and 100%. There's absolutely no way to give "odds" in custody situations.

I will say this, if both parents are fit to parent, the courts will do everything that they can to provide both parents with equal time.

For instance, you mention you have a stable well paying job and she doesn't. Great, you can pay child support and she has the time to take care of the child. Courts look at all aspects of these cases.

Once again, they'll do what they can to keep both parents as involved as possible.


Title: Restaurant LLC owes my pop's small business 40k, and is reluctant to pay.

Question:
My pop's small business basically delivers raw foods to restaurants.

My dad collects money once a month from the restaurants, but this one restaurant has not paid for 2.5 months now.

At this point my dad is not going to deliver them any more goods until they pay, but it seems like their restaurant is slowly emptying out anyway.  They're most likely going to file bankruptcy by looking at how things are going.

This particular restaurant has been my dads client for ~20 years now, which is why my dad let them go on without paying for 2.5 months.  The restaurant owes my dad ~40k now, everything is documented.  The restaurant owners are ignoring all forms of communication, and refuses to pick up the phone.

My dad believes nothing can be done at this point and usually sucks up a big loss, but he is very close to retirement and this will be a major hit.

Can anything be done at this point?  Do we lawyer up or will it be a waste of time?

Location is in NYC

Answer:
 > Can anything be done at this point? Do we lawyer up or will it be a waste of time?

Nobody here is going to be able to answer that for you, it entirely depends on if the restaurant has any assets to pay your dad.  If there are no assets, there really isn't much that can be done.  Your dad should do what he can to try to figure out the restaurant's financial situation, and then make a decision about what to do.


Title: If a vehicle passes me on a double solid line, and I speed up, who is in the wrong?

Question:
Edit: I'm in GA

Edit 2: I'm not the asshole. My friend is the asshole. I was in the passenger seat.

Answer:
 Arguably you are both behaving recklessly, and therefore both in the wrong. Traffic isn't a zero sum game. Answer #2: Both of you. If someone tries to pass you, you are to let them pass you, no matter how unsafe/reckless they are driving.Answer #3: Why would you speed up?  Answer #4: Why would you do that?  Just to make it dangerous for everyone on the road?  If you aren't speeding when you speed up, then legally only the person passing on the double line is in the wrong.

If someone wants past you bad enough to take the risk, just let it happen and let it go.


Title: First time going to court, who does what?

Question:
Had a chat with a friend today about them going to court, Either they have been watching too many movies or I've just got my facts wrong..

Their situation..

Out one night, a man approaches her and her friend some words are said, the man attempts to grab her vagina through her clothes. she kicks him in between the legs, he swears at her calls her names. (this happened out the front of an ATM because apparently this may be important.. apparently..)

Friend goes to the police, tells there story. the end.

She now had to go to court regarding the case. as she is pressing charges for sexual assault on the man.

She said she didnt have to identify the man so the police must have got his image from CCTV from the ATM (umm.. ok i dont think this is the case, more like the police found the man fitting the description in the area at that time)

I asked who is pressing the charges, her or the police.. she didnt know. she said she spoke to a prosecutor lady once on the phone.

And thats it .. now she has to go to court.

So.. can some one explain to me what she's talking about, because i'm confused how someone can be not sure if they are charging someone, not sure if they have a representative and not sure what evidence they have or need to supply. Oh.. she also mentioned she maybe get money from the court/man (what?? im so confused here)

Thanks

Answer:
 Your friend went to the police, the police investigated the crime, and the prosecutor decided to pursue charges against the man.

When you hear people talk about "pressing charges," that is more or less asking if someone will cooperate with a criminal investigation in which they were a victim. The prosecutor is the one who ultimately decides if criminal charges will be filed and they can pursue criminal charges even if the victim does not want to cooperate.

Based on your description of events, it sounds like your friend is being asked to testify in the criminal case against the man that attempted to grope her. Her testimony would be part of the evidence used to convict him of a crime in that instance. Answer #2: /u/LocationBot location


Title: How can I prevent my gym from making a ridiculous charge to my card?(Xpost from personal finance)

Question:
I am signed up with a local gym. They have my credit card info and charge me monthly. I requested to quit last week, only to find that on the first they had once again charged me their (frankly absurd) monthly fee. Fortunately for me, the card was declined.

They claim to have a 2-week cancellation party. I can see no reason for needing the better part of a month to remove someone from a gym membership other than to fleece out an extra $150+.
Its absurd, so how can I prevent them from using my card information? Their first attempt was rejected and I see no new charges pending, so I want to move quickly.

Legally, can I do this? Can they sue or what? In the USA. I did not want to ask my credit card company until I understood my legal situation.

EDIT: **I did sign something to that effect**, but practically what can they do? Sue me for $150?

Edit for the bot: I am NC

Answer: You need to dig out your contact and cancel exactly as it tells you to in there. I bet you anything you didn't cancel right so you still owe the money. If you don't pay they will continue to charge you and they will send your bill to collections and it will tank your credit.


Title: Can I ask for rent to be prorated?

Question: My roommate and I moved into our apartment in Los Angeles, CA October 15th, I immediately noticed a gas smell coming from the very old oven and immediately contacted both the gas company and landlord. The gas company ultimately turned the gas off to the oven, and the landlord ordered us a new oven. When the oven was delivered, it was determined the oven would not fit without moving the gas line. We have now been without an oven for 5 weeks because the plumber she insists on using keeps cancelling. Is it reasonable to request a prorated rent for this inconvenience?

Answer: There's nothing illegal about asking. Sounds reasonable.


Title: What constitutes prostitution?

Question: If someone were to agree to have sex with someone, and mention before sex something along the lines of "this isn't related at all, and I'll still have sex with you if you say no, but I'm super hungry can you get me a burger or something?" would it be considered prostitution? How about if it wasn't a burger and was a dress, gas, or rent instead? What if it was mentioned after the sex? If this would be considered prostitution how is this different then asking someone who you're in a relationship with to pick up the bill on a date? Also assume this is located in Louisiana since I have to mention a location.

Answer: If this burger situation is prostitution then my boyfriend is one prolific whore.


Title: Does my employer have to pay me for sitting on the side of the interstate?

Question:
[Tennessee]

To clear things up, I work construction. Ever morning we load up the company trucks with whatever we need and head out to the job. They pay us ride time (though I believe they are required to because it's in the company vehicle and it is more or less mandatory.)

Now to earlier today. We loaded up everything we had to bring back to the shop and began our trip home. On our way a piece of plywood flew out of the back of our truck and struck another vehicle.

I am just a laborer and not the driver so it's not my responsibility to make sure everything is strapped down in a last check. We were specifically told the crew leaders (also the drivers) had to perform a final check before leaving the shop or job site. Although I did tell our crew leader it needed to be strapped down he dismissed it and told me to get in the truck.

Anyways we sat there for about an hour waiting on the police and getting everything solved. We get back to the shop and as I'm about to clock out I'm told that we were all clocked out by the owner of our company. I asked what time we were clocked out and he said when our crew leader called and told him about the incident.

So the question is, because I have to ride in the company vehicle and had to wait before I could get back to the shop aren't they required to pay me for that time?

Answer: Yes, you should be paid. Answer #2: They need to pay you for everything you do on company time, including waiting to get back to the shop, but they also can terminate your employment for no reason at all.


Title: Wisconsin - downstairs neighbor has one bedroom apartment for him and his 13 year old daughter. Is this legal?

Question: [deleted]

Answer: Why would that not be legal?


Title: Medical studies documenting delayed onset of soft tissue injury post motor vehicle accident

Question:
Hello redditors

Can  you link or forward me medical studies documenting legitimate  occurrence of medical studies documenting delayed onset of soft tissue  injury post motor vehicle accident?

I was rear-ended on a highway in late 2014. I initially  mentioned concussion, whiplash and sore back.

4  weeks, I mentioned both shoulders pain and restricted movement to my  treating osteopath. I mentioned it to GP in two months after that.  Ultrasound and MRI showed maybe some fraying. received osteo and physio  for a year. but the Shoulders still bad. Did keyhole surgery, which  found partial tear of tendon and cartilage of L shoulders and did a  repair (amazing what a thread and needle can do!). After a year of  rehab, I did the keyhole on the R shoulder which also showed partial  tear of tendon and cartilage, so did the repair.

during  this time, I noticed pain in my ankle, knees when I was able to go for a  jog again, and wrists when I was able to lift something heavy like  gardening.

The insurance company accepted liability for left shoulder only.
But  the independent medical board has assessed me that NONE of the injuries  were caused by the car accident, because of the delay of my reporting  it.

I have sought a review of that decision, and have a week and a half to make a submission.

Looking back, my reason for the delayed reporting were:

1. I  was made immobile at the hospital, with neck braces, lying on a  hospital bed. I therefore had no opportunity or the need to move my  shoulders in a way that triggered pain, which is when the arm is  extended and then force is exerted, like flicking on a wall switch with  arms fully extended or doing a push-up. Therefore I did not refer to the  pain at the Hospital.
2. When  the doctors were checking my body at the hospital, the examining  physicians never asked me to extend my arms and my ankles and wrists  fully and exert force like doing a push-up, which would’ve triggered the  pain. The examiners only asked me only to extend and move my limbs, not  move them **and** exert force.
3. Because  I was concussed, I was dazed, and especially because the neck pain was  so great that it was the dominant sensation, I didn’t notice the pains  in my other parts of my body at the hospital.
4. Because  of the neck pain and concussion, I took it easy in the weeks following  the car accident, by staying in bed as much as possible and relying on  my wife for everyday needs such as eating and toilets. As such, I  avoided exerting force unless absolutely necessary, and therefore I  didn’t trigger the shoulder pain, which occurred when I extended my arms  sideways and exert force forward, and my ankles when I fully compress  the ankle joint forward, and my wrists after hours of working at the  computer, and my knees when I exercised like walking and jogging for 45  minutes. None of these I did until much later in my recovery.
5. I  find that The torn tendon and torn cartilage pain is noticeably greater  in cold, wet winter, whereas I was rear-ended in warm, dry summer  period in November (I'm in the Southern hemisphere), which would’ve  contributed to the delayed onset.

Are  there studies that prove I'm not lying? Because I'm not lying. As a  Christian and as an officer of the law, I rather not receive a cent than  to lie for something like money. The thing that hurts me most is being  accused of lying, by the Government own doctor nonetheless!

Answer:
 >Can you link or forward me medical studies documenting legitimate occurrence of medical studies documenting delayed onset of soft tissue injury post motor vehicle accident?

That is not a legal question.

If you are unhappy with the offer the insurance company is making then refuse the settlement and consult a lawyer.


Title: [SF CA, USA] Landlord threatened to sue us [20M and 20F] after we complained about the lack of hot water.

Question:
Hi Reddit so me and my girlfriend are in a pretty big pickle here.

Back in October 2018 we were looking for housing for the academic year (we go to school nearby). We found a room that seemed perfect at the time , called the landlord, they ran out credit, and offered us the place. We asked them to explain the lease to us since this was our first time renting. The only two things we asked them was 1) "Is this lease month to month" and 2) How much was due up front.  They replied "yes the lease is month to month" to #1 and the landlord specified the amount for #2.  Satisfied with the explanation, we signed and promptly moved in.

About half of year goes by and there's no real issues. We pay rent on time and are never late. The only real gripe we had was that the landlord would always be remodeling the nearby rooms and always waking us up in the early morning without notice. The pool also didn't work but we wrote all of these issues off as a "it is what is" scenario.  I then realized that I never got a copy of the lease agreement and asked the landlord to send it to me. They sent me the agreement and I noticed that the lease wasn't month to month! It was for a whole calendar year! But again, I didn't complain ( I should have) And figured it was a mistake and that it'd get settled when we moved out.

It's now May and school is coming to an end in June. So on May 20th we sent a text message to the landlord giving a 30 day notice move out period.  No answer whatsoever.

To make things worse, the house's water heater starts to go haywire. The water would randomly  turn cold. We told the landlord about this and they poked at it until they "fixed" it. Not 1 day goes by that the water heater completely takes a dump and stopped working. Our housemates complains and the landlord said they would fix it--they don't.

I know in California hot water is a Tennant's right. So we told the landlord (via SMS) that we were going to be moving out because of the lack of hot water. Again no response.

And as if by magic, the next day there was a water heater tech. fixing the water heater. They ended up replacing the darn thing and in about three days time the hot water finally came back on.

Frustrated by this we decided to make good on  our last message to the landlord, and decided to move out. We rented a truck and started packing when the landlord came in and noticed us.

They asked why we we're morning out without notice and we explained to them that we had notified them only for them to tell us that they never got it.  They also brought up the fact that we were on a calendar year lease and we we're responsible for rent until the end of the lease. We brought up the fact that we had requested and that they explained to us that the lease was month to month. Only to be met with , "We don't remember that and if you don't pay we'll take legal action and we'll easily win."

So now me and my girlfriend are pretty on nerves now since 1) we have finals coming up and 2) we've never had someone threaten to file a suit against us-- and 2 just makes the anxiety of 1 go drastically up. We have money to pay for next month but after that we would have to find a job since our plans weren't to stay here for this long.

We're at a lost right now Reddit and would appreciate any help. Thanks y'all.

Answer:
 So it sounds like you signed a lease contract and now you’re trying to break it - Is that correct?Answer #2: You learned an important lesson about contracts here, at a relatively inexpensive price. Never believe the verbal representations of the person you sign the contract with.  Either read and understand it yourself, or find a third party to explain it.

I would call your city code enforcement for an inspection. If the landlord is incapable of providing hot water, there are probably numerous other code violations. But then I am petty like that.Answer #3: Unfortunately you signed a lease you did not read. And then tried to get out of it by raising a valid concern with the hot water. Homeowner (finally) fixes hot water and then you still leave? Leaving after your chief complaint is fixed does you no favors. Your credit will suffer and the landlord will go after you


Title: NY - Someone scammed my sister at high school

Question:
So my younger sister got scammed for an iphone at school...this is all on her and she acted really dumb in that regard but theres nothing i can do to change the fact that she got scammed now...

She got told that she would get a newer iPhone for $350 and she came home with a stolen old iPhone which was useless and she gave the stolen phone back for the money which she never received back(Don't ask me why she just gave the phone back...).

My mom contacted the school and they did their thing talking to the kid and to the parents and such, but the outcome of that is that the parents do not care and refuse to go along with returning the money back to my sister or the phone. They did admit to the phone scam and my sister has proof of other people who saw her getting scammed so theres no way of covering this up...at school they told my mom that the only way to get the money back is hiring a lawyer which costs more than what she got scammed for and shes in the mindset of giving up this case and consider it a loss...

I keep thinking about this and it doesn't add up to me...theres enough evidence that the incident did happen, can't anybody just go to the police and report it and let them investigate and find a way to return the money without accumulating horrible expenses? They have the kid's name that scammed her and everything too its not like a craigslist scam that happened in an abandoned parking lot...

Answer:
 you can file a police report and sue the other party for the money.  but it's up to the police to choose whether or not to investigate this.  and honestly, this won't be high up on their priorities.

suing the other party would require going to small claims court, and depending on what actual evidence you have, you might be able to recover her damages.


Title: Medical Malpractice? Anything I can legally do (STI test gone wrong)?

Question:
Hello all,

Just wanted to share my story and see if I had the possibility of any legal recourse.

So I went to a urologist about a week ago because I found a couple pin-head size pink spots on my penis that were persisting past a month or so. I figured it could be a form of low risk HPV so I wanted to get it checked out.

At my first visit, they asked about my sexual history where I said how many partners I had and that I was straight, etc.

Upon visual inspection they said that it didn't appear to be anything transmissible and to just come back if I wanted to in the future but not to worry about it.

The day after this appointment, they called me back and said they wanted me to come back in for a test on the bumps.

\---

I went to the followup appointment and she said they were going to take a swab from one of the bumps to test for HPV. I heard her on the phone outside the exam room talking to the lab and she was like "So I cant just swab the bump? There isn't a test for men?"

So then she comes back in and says that the test for men is an anal swab. I reminded her that I've never had anything "up there" before and that I was straight and that the types of HPV that cause genital bumps are low risk so the male anal pap smear isn't really warranted... especially given the fact that I'm not gay.

I asked her if she could just try diagnosing them visually again instead and if we could try the prescription cream treatment to see if it works or not. To which she just said she needs to do the anal swab and have it test positive before she would give me the cream. It just seems to me like she doesn't understand the strains of HPV at all.

She then called in people to supervise her administering this anal swab test... they all just crowded around my butt for what I can assume is the first time they ever administered this test since none of them knew what they were doing and seemingly just found out about the test's existence 5 minutes prior to this. It was painful and the most degrading and traumatizing thing. I feel like there is zero reason to be giving me an anal pap smear or am I misinformed?

From what I gather, there's no clinical reason to be giving me this painful, traumatizing test. I'm straight, presenting with mild symptoms of a possible low risk HPV infection... then they give me an anal pap smear which is given to gay/bisexual men and tests for high-risk HPV... from what I gather a lot of doctors don't even do this test on gay men let alone straight men with no symptoms of anal cancer. I really think the doctor was just clueless and thinks all HPV is the same so a negative male pap smear means the spots on my penis aren't HPV... which is incorrect.

Are there any measures I can take against them? I feel violated and traumatized from this.

Any help is appreciated.

Answer:
 This isn't medical malpractice. The doctor made you feel uncomfortable.

File a complaint with your state's medical board if you'd like, that is all you can do. Answer #2: This isn't malpractice, they were trying to find a way to diagnose the HPV since they couldn't swab the bumps.  Be glad the doctor called the company to see what test she could do.  The "audience" was there to make sure that there was no inappropriate touching and it was truly a medical test, that was for your, and their, protection.  It is possible to transfer the virus from your penis to your anus when you wash, if you are using the same cloth or bar of soap.  However, since it is suspected HPV you need to tell all of your future partners because you can still infect them and possibly cause them to develop cervical cancer.


Title: Mothers husband is stalking her and threatening her after throwing him out a few months ago.

Question:
First off let me apologize for the format, there is no internet here at my girlfriends house because they dont have the money to afford it. Im on my mobile phone typing this off. To give a bit of context,  my girlfriends mother threw out her father after they had a serious fight about the multiple affairs he had while they where married. (Hes had way too many affairs to count). This occured back in February 2015. Ever since then he has been giving the mother money every pay check to help with the rent and take care of the daughters (he's been giving them a bear minimum). Only recently has he been giving them less and less money each month. Last month they where unable to pay the rent and had to go to the mothers dad to get money to afford the rent.

Now the big issue is what happened yesterday on 4th of July. They have a linked debit card that had some money on it. Now the mother needed 150$ off of it. (There was an excess of 600$ on it, USD ofcourse) so she took the money to buy groceries and such. (This happened on july 3rd). He flipped out, spammed her phone. Spammed the daughters phones and such. He left her very vulgar voicemails on her phone. We believe this is because the mother has decided to move on and possibly because of the money but we dont exactly know. Almost forgot to mention, she filed for divorce a few weeks ago and this is in California.  He is a California Men's Colony worker and she is a stay at home mom. But back on topic. After the calls he decided to come to their house and try to get in and stuff and we had to sneak out and run out and go to a friends house. (His name is on the lease so we cant exactly call the police on him for breaking and entering and he has a key to the house still). After staying at a friend's that night and then getting up and coming back we got ready for fourth of july, the mom went out and bought food and I guess she realized he was following her and stalking her.

So she tried speaking to the police and I guess they said there's nothing they can do because he isnt threatening her or anything. So she tried heading home and he followed her there and got out of the car and yelled at her. He then took the food she had bought as "payment for the money she took". Then he beat her with a shoe in the face and in the stomach. She has a cut lip, bruised eye, and some marks on her stomach. After he finished beating her, he told her he Is going to be In her life as long as he wants to be, will never be rid of him, and that she Is HIS. This isnt the first time this has happened in there 15+ years of marraige. Shes tried filing restraining orders agaisnt him and etc. All sort of failed. She thinks it may be because of two misdemeanors she received when she was 18 but I dont know. Anyways, we had some friends come over to help her and keep her safe from him. He slashed one of the friends tire this morning (were pretty sure its him who did it, hes been kinda stalking us all and watching us, whom else would want to do something like that?)

Her main concern with contacting the police is that he may fabricate a lie or something and try to turn this on her (he has before). This man is very manipulative and controlling, especially of his wife, and has gotten her screwed over many Times when she tried to report him or anything.
My biggest question would have to be, what can we do in this situation. What exactly can we do to get him to leave her alone or possibly have the police get him to stay away. The mother fears for her life because her husband owns many knives,  ex military and I believe has a few guns. What can we do in this situation?  Thanks for the help.

Answer:
 Well... Wow.

> Then he beat her with a shoe in the face and in the stomach. She has a cut lip, bruised eye, and some marks on her stomach

Firstly, IANAL, but this is assault and/or battery depending on where you live. **She needs to document and report this. She needs to take pictures of the injuries she sustained in the attack, and she needs to call the police and file a report.** This needs to be done as soon as possible, while the events and the timeline is fresh in her and everyone else's memory.

Next on the agenda is to get separated. Get moved in with a friend or family member, and anything of hers she wants to keep needs to be removed from the premises where his name is on the lease, and she needs to get her assets out of accounts that list him as a joint owner (as the saying goes, "possession is 9/10ths of the law").


Title: [Pic] Could you do something like this in Florida?

Question:
http://imgur.com/mTwW5hG

And are there any possible legal repercussions in doing this?

Answer:
 If you don't know this whole game inside and out, don't do it. It won't work out well for youAnswer #2: That is at a DWI checkpoint at whatever state he is in.

It doesn't work on a traffic stop anywhere.Answer #3: No.  You can't even do that in whatever state he's in.  You don't get to decide what is or is not a lawful order on-scene.  "Open your window" or "Step out of the car" are nearly always lawful orders.


Title: Parents trying to withhold my dog from me

Question:
Hi everyone,

I'm just looking for some legal advice. I've had some drinking problems recently and ended up going to the hospital for detox about a month ago (voluntarily and my decision). I have my own apartment, a great job, and an awesome puppy.

Since I got out, I've been staying with my parents since they wanted me to. They have some control issues and are kind of "helicopter parents" despite me being in my mid-20s.

I've been sober since getting out and I'm on medication to help beat this as well as attending meetings. I'm planning on leaving to go back to my apartment (about 3 hours away from my parents house) in a few weeks but my parents are threatening to keep my puppy because they don't think I'm ready to leave/go live on my own again.

Can they legally do that? I have all the paperwork that shows I bought my puppy and that I'm responsible for her.

Thanks for any advice you provide. She's my entire life.

EDIT: Just to clarify, my parents realize that the puppy is mine but don't want me to have her because of my past problems.

Answer:
 Just take the animal when they aren't around.Answer #2: Legally, dogs are property just like a TV or furniture.

So they can't just take it from you.

But when adults who live together stop living together, it can be almost impossible for the police to determine who really owns what.

You say it's yours.  They say it's theirs.  You say you have paperwork, they say you gave them the puppy in exchange for rent for the last few weeks, etc.

So you'd likely have to sue them in court for the dog if it became an issue.


Title: [Virginia, Fairfax/Sterling] Doctors, Suicidal Thoughts, and Rights

Question:
Hi all-

I've recently gotten thrown down the rabbit hole of mentioning suicidal thoughts to a doctor and having said doctor pull the "Either go to a hospital for an evaluation or I'm calling the cops" deal.  I tried to do some research on Virginia's law code website, but I couldn't find much of anything regarding the specifics for when I searched various terms - Suicidal thoughts, emergency incarceration, Welfare/wellness check, 4th Amendment Welfare Check, etc..

Question is twofold - partially wanting to deal with the situation, and partially curious where the legal standard is.  What requirements are there for a doctor to have to report suicidal thoughts?  I told this doctor when i started seeing her that I stopped a certain medication (That I was trying to get back on) because I was in a bad place in my life and it was giving me severely suicidal thoughts, and she was just like "Oh, okay, well let me know if that happens again, here's the dose you wanted". Is there any process to appeal or challenge the validity of the doctor's statement?  Where does it legally say I "have" to check into the hospital (The hospital of her choice, she didn't give an option to talk to my shrink) or the police have to do a welfare check?  What are the requirements for a welfare check - can I tell the cops that I have an appointment with my shrink, and the thoughts were a one time passing concern, and I'm not a danger to myself?

It's alarming to me that I can allegedly be forced to go through this process, against my will, without any sort of physical backup aside from the doctor's interpretation of my words.  I've googled the crap out of this and can't find any actual law or official reference to the process, and would feel much more comfortable if someone could point me towards something concrete.

For the Do-It-Yourself folks, I'd love it if you could point me towards a better reference than https://law.lis.virginia.gov/vacode, that's what I've been using.

Thanks!!!

Answer:
 It's subjective. There is no law indication a guideline of what must be said in order for the doctor to perform their *duty* to notify.

If you are suicidal, and the doctor believes you will harm yourself or someone else, you can be locked up.


Title: Title IX issues

Question:
I’m the pres. of an lgbt club, and someone retaliated against me for kicking their friend out of the club for sexually harassing people by saying I (female) sexually harassed her. She said I touched her calf with my foot under a breakfast table.
The school has said I’m responsible, and I’m on disciplinary probation. I can appeal, but they threatened me and said it could get worse if I do. (Today’s my last day to appeal). They didn’t talk to any witnesses and they decided I was guilty bc I said I wore black shorts and they think I wore brown (the incident happened in Nov.). What should I do? Should I appeal it on my own? Look for an attorney? The only one I’ve found that does Title IX in Orange County, CA wanted 5k as a retainer. I support myself, I don’t have that.

Edit: this is at a community college

Answer:
 > I can appeal, but they threatened me and said it could get worse if I do.

Appeal and get an attorney.

There are a number of organizations that help students in higher education assert their rights. Your school should have a dean of students with resources.

Outside organizations such as The FIRE also take a very strong interest in this sort of thing.


Title: Breaking Lease to buy home

Question:
Location: Ohio (SouthWest area)

I have been approved for a home loan but am currently locked in a lease at an apartment complex. The lease is not done till January 2016 but I foresee me being in a house by September at the latest. I have already spoken to apartment management (my ex left a couple of months ago and he is still on the lease) about options. I know I can buy out the lease but its at a hefty cost of 2450. My devious plan is to pay rent till I close, then leave the apartment.
My Questions (as I have never done this). How long is the eviction process? Is there a way to agree to payments without an eviction on my record?

Also, my complex has a zero tolerance policy for bully breed dogs. Yet, every where I go I see Pit Bulls. Could I make the case to force them to break my lease based off of this information? I would have pictures of the dogs and owner on property to make my case.

I apologize if this is not in the right subreddit-wasn't sure where to go.

Answer:
 > How long is the eviction process?

Weeks to months.  But, if you surrender voluntarily, they likely don't need to evict you.

> Is there a way to agree to payments without an eviction on my record?

Sure.  Again, if you voluntarily surrender possession, they don't need to evict you.  You can arrange to make payments then.

> Could I make the case to force them to break my lease based off of this information?

No.


Title: Canada - tricked into arrest?

Question:
This is regarding a real scenario but I can't provide the province or many details in order to remain anonymous.

Disclaimer - Mobile & first time posting on this sub.

Can police get someone to go to a police station for one reason knowing they may/will be arrested for another reason on arrival?

Example - I call the station saying I want to discuss issue 1. I'm told to come to station in a few hours when they will have time. I arrive at the designated time and am placed under arrest for issue 2 by a different officer than who I spoke to earlier. Issue 1 is an indictable offense that has been resolved, issue 2 is summary offense.

Is this a violation of my constitutional rights?

I am clearly NAL nor the one who was arrested but would love to know if anyone knows of any case law that may be helpful as I haven't located any that address anything besides statements being voluntary.
Topic:
Canada

Answer:
 The police can ask you to come into the station without informing you that they have a warrant for your arrest, yes. It's not a "trick," as such, as the police have no obligation to help you evade arrest or to inform you of warrants against you.

If you believe that you may be facing charges, speak to an attorney before you speak to the police or allow yourself to be interviewed, even on an unrelated matter.Answer #2: The police arresting you for a crime when you voluntarily show up at a police station doesn't sound like an issue. You can till report the crime you came in to file a report about, but reporting a crime doesn't grant you some kind of immunity


Title: 4/20 Paraphernalia

Question: I live in Iowa. My mother (63) insisted that I (24) delete any marijuana related posts I posted on my facebook recently. Hypothetically speaking: She says that she could get looked over for a job promotion because of my posts and the fact that she is my mother. Isn't this illegal for an employer to do?

Answer: Unfortunately no, it isn't illegal. For your mother's sake I would at the very least private as much of your Facebook and other social media accounts as possible.


Title: Non-Compete - new firm name disclosure

Question: I have a non compete with my current employer. I am located in Florida. I hope to be putting in my two weeks notice soon (I have some hot irons in the fire for new positions) . I will not be going to work for a competitor, so the non compete should not be a factor.  However, I do not put it past my current employer to try to cause trouble for me with any firm that I try to go to work for (I could see her having her attorney contact them just to cause trouble).  She and I do not have the best relationship.  When I put in my notice, if she asks what company I am going to, am I legally obligated to share that information with her or can I decline to share that information unless she formally requests it and at that time can I force her to go through her attorney to mine.  The purpose being, I don't want her to have an opportunity to pull any shenanigans before I get started at my new job, if I have to disclose i'd like to string it out as long as possible.  So, how should I handle that?

Answer:
 An option: "I have some money saved up so I'm going to take a break. Maybe travel."Answer #2: If your non-compete doesn't require you to tell her, then you don't have to tell her, even if her attorney demands it. She may make a big stink, but you can just tell her to f--- off.

Good idea? Maybe not. Definitely burns a bridge. May mean that she fires you on the spot (ie you don't work the notice period.)


Title: I Am a 1099 (Contract) Employee Being Pressured Into Doing Work for Free.

Question:
I am a courier driver based out of Memphis, Tennessee.  The company that I work has multiple contracts fulfilled by 1099 drivers, such as myself.  We are issued delivery vans, but the lease payments, insurance, and maintenance costs come out of our checks each month.  We are payed on a per job basis.  If we are not working, we are not making money. Period.  Over the last couple of months, our dispatcher, who happens to be the owner's wife, has started asking me for favors.  These favors started out as simple tasks on my off days, such as changing oil for other drivers or helping my boss move furniture into their second story apartment.  These favors were all performed on my off days, and I gladly offered my services to do them out of a desire to help out the company and my employers.

In the last month, I have been asked to start doing these favors during work hours.  The first time, my boss' wife asked me to help move two recliners into the aforementioned apartment (a Christmas gift for her husband).  I assumed that I would be reimbursed for the deliveries that I missed out on by doing this for her, but I was not.  Two weeks ago, I was asked to move a drier from their apartment to their storage unit because my boss' "back was hurt." Again, I was not recompensed for the work I lost.  Today, I was asked to come to the office to help repair a tailgate on one of the trucks.  When I asked if I would be reimbursed for the work hours that I would miss, she told me "I thought you would be willing to help us out with this."  When she declined to pay me, I declined to help.  A few minutes later, my boss called me, yelling and cursing, stating that if I wasn't willing to play ball, he would find someone who was.  After explaining my stance, he left me alone.  I fully expect that the amount of work I am issued will be negatively impacted as a result of what happened today.  I have two questions.

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1: As a 1099 employee, if they intentionally cut my workload and redistribute it to other drivers, can this be considered retaliation?

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2: What recourse is available to me as a contract employee if I am retaliated against?

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Thanks in advance, r/legaladvice!!!
Topic:
Employment Law

Answer:
 Do you have a contract? As a contractor they can treat you basically any way they wish. You can sue them for the unpaid labor.

But the more important question is whether or not you should actually be considered a contractor vs an employee under the IRS definitions: https://www.irs.gov/newsroom/employee-or-independent-contractor-know-the-rules

The hirer doesn’t get to just decide as they wish. And they’ll be in a boatload of trouble if you’re supposed to be an employee.


Title: Laxative Candy Food Thief question

Question:
If i had a bag of laxative gummies in my desk drawer, and someone ate them without my knowledge or approval.  Would i be "liable" if they got sick?

What if i knowingly knew someone was taking snacks from my desk drawer (without permission) and had a bag of gummy laxatives in there that they ate and got sick from.  Would i be "liable"?  Would it be considered intentionally poisoning someone?

Sorry i'm using liable because i don't know the proper word to use in this context and it's the closest one i can think of

Answer:
 > Would it be considered intentionally poisoning someone?

Yes, it would be, because that's what you're doing.  You can't assault someone simply because they commit minor theft.


Title: [Ontario, Canada] Am I allowed to share copyrighted music via p2p?

Question: [deleted]

Answer: OK. But you are not doing it for edu or any reason other than to just steal music. So you wont be covered. There is no magic loophole to protect you when you willingly and knowingly break the law.


Title: I (MtF trans) am in a catch 22 regarding crossing the Russian border

Question: [removed]

Answer:
 The easiest thing would probably be to repurchase tickets in the name on your Russian documents.  It'll waste the money you already spent on tickets, but might wind up being the least expensive option anyway.  Assuming your document change happens while you're in Russia, you can use your original return ticket (in your actual status) to get back home.

I hate to suggest this, I really do, because I understand the situation, but you might want to dress "male" or "andro" going across the border while using your "male" documents.Answer #2: Unfortunately this sub mostly caters to American and our maple syrup producing neighbors to the North.

We may not be of much help here.

I'd start by reaching out to any LGBT groups and see if they have or know of any resources for immigration.

I wish you luck!


Title: License has been suspended since 2010. Help!

Question: [deleted]

Answer: You'll have to call the DMV and figure out what stipulations they require.


Title: Progressive left me stranded on the side of the road even though I pay for Roadside Assistance coverage.

Question:
Apologies in advance for any weird formatting, I’m on mobile.  My auto insurance policy includes roadside assistance which I’ve been paying for for a number of years. Today my battery died and I attempted to use the Roadside Assistance for the first time. I got on the phone and the representative claimed she couldn’t find my policy number. I was reading it to her correctly right from my app, I double checked that my policy was active and in good standing, it was.  And lastly I can open up my mobile app and the line item for Roadside Assistance clearly shows that it’s been selected and I have coverage.

I spent over an hour on the phone of them verifying my information meanwhile I’m stuck in the freezing cold and the rain without a jump. After over an hour of back-and-forth the representative stated that they were not able to “authorize“ a Roadside Assistance claim and that would have to pay for help.

I’m usually not litigious whatsoever but I am furious, cold, and stranded… And I’m sick of big companies screwing over their customers and the customer not being able to do anything about it. Is there anything I can file here like breach of contract? I’ve paid for a service and the very first time I needed to use it, I was left high and dry.

Aside from being legally required, insurance is supposed to give you peace of mind that it’ll be there for you when you need it most.  And that’s exactly what they didn’t deliver. At the very least I want a refund  for all the money I spent on the Roadside Assistance benefit because it’s an added cost to my auto policy

State: Oregon
Topic:
Insurance

Answer: This is a customer service issue, not a legal one. Call back and figure out why they couldn't find you in their system.


Title: Middle name changed after marriage, updated on Social Security card but DMV is saying I have to file a petition to change my name? Nebraska

Question:
Omaha, NE. When I got married, I changed my middle name to my maiden name because 1) I've always hated my middle name and 2) I have a unique maiden name and I wanted to preserve it as I am the last of my grandfather's line with this name.

When I got a new social security card, they allowed the name change and my Social Security card reads First Maiden Newlastname. However, when I went to the DMV to get my middle initial corrected (it was not updated when I initially got a new license and I finally made the time to go in and change it), they told me that I must file a petition to change my name because my Social Security number is for tax purposes and has nothing to do with my actual ID.

So, is this true? If so, what the heck is the process for changing my name? Is it expensive? And what the hell is my actual legal name if my Social Security Card and Driver's License say two different things?

I'm inclined to keep it the way it is except that I see the potential for future issues. I'm already unable to get a permit to purchase a handgun due to the middle initial being incorrect.

**TLDR:** Do not change your middle name when you get married. It's not worth it.

Edit: I have the answer: $82, four forms, and publishing the legal notice one day a week for four weeks, approval from a judge and voila!

Answer:
 The DMV website points out: "In order to change any other name, besides the last name, when using a marriage license, the full legal name prior to marriage and the full legal name after marriage must be on the marriage license."

Does your marriage license reflect your name as it was before the marriage on your license, and your name the way they're asking them to put it on the license now?Answer #2: What a pain!  I did the same thing as you when I got married in '93 (my mom had it that way, and I thought that's the way it was done), and didn't get any grief from the DMV.  Different states, perhaps?


Title: Office Lunch Theif is now suing me for ambulance and hospital hospital expenses, as well as emotional damages. What's now? [CA]

Question:
A few weeks ago, I posted [this](https://www.reddit.com/r/legaladvice/comments/b1dx6f/office_lunch_thief_decided_to_thief_my_spicy/?utm_medium=android_app&utm_source=share) about how my coworker was trying to press charges on me for choking after stealing and eating my spicy lunch.

The police came to my office the following Monday and spoke to my boss, and that's all I know because I took advice from this sub that said to not speak to the police at all. They stopped calling me and I thought it was over.

Then yesterday I got a letter informing me that the co-worker in question is suing me for thousands upon thousands of dollars! Apparently her ambulance ride and overnight hospital stay was really expensive, and she had to stay overnight because of a panic attack or something.

 She's back to work and told another co-worker that she had to be attached to a heart monitor for hours and she's saying that I poisoned her but the police won't look into it because she's old and I'm young.

Can she even do this to me? She's harassing me at this point! She stole my lunch, she got sick, she needs to pay for those hospital bills herself, right?

 I haven't done anything except bring the same lunch I've been bringing into the office for years now, and suddenly I'm getting sued and she's telling people that I'm a wannabe murderer.

I can't really afford a lawyer, but I could try if I really needed to.

What do I do?

Answer:
 Have you actually gotten served with lawsuit papers?Answer #2: If you get served, show up.

Also, get a lawyer.Answer #3: Unfortunately, you will need a lawyer to defend yourself. You should be able to get some free consults and they'll give you your options.


Title: Can an employer pay time and a half for religious holidays? [VA]

Question: As the title states, if I work on Ash Wednesday and Good Friday, can I request time and a half? I know that an employer in Virginia does not have to pay for holidays worked but I don't know if there is a different rule for religious holidays.

Answer: You can request it, but you probably won't get it.


Title: [CA] Neighbors smoking right outside my door.

Question:
Sorry for the late post, this just happened and I'm still pretty raw about it.

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My apartment is situated so that my door is at a 90 degree angle from my next door neighbors' and they all smoke. I, however, have severe asthma, and my door is not remotely air tight (gaps between it and the frame all around). As all of our doors open on the outside, from what I understand they can legally stand outside of my door and smoke. And they do - near constantly. (There are four people in the apartment, and there's almost always someone standing outside smoking.) When they first started up, I asked politely if they could not smoke right outside of my door. (They have a patio on the other side of their apartment that's nowhere near mine, and there are tons of tables and chairs a short distance away from our front doors.) They stopped for a few weeks, and then started up again. I said something again, and they said it was a smoking unit so I could deal with it (in much less nice terms).

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I've brought this up with the apartment complex's management, and they've told my neighbors, numerous times, that since they have a smoking unit they can smoke \*inside\*, and also telling them to smoke on the back patio, and to avoid smoking out front as a "courtesy to others". This hasn't stopped them, and the complex just kind of shrugs when I inform them of that, and sends another letter. I've asked them to fix my door but they haven't yet.

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I've generally avoided hanging around my door, but this morning I was leaving for work, and one of the women living there was coming outside to smoke. She lit up while I was locking my door, and blew smoke in my face as I turned around. It set off a bad asthma attack, and she just sat there laughing at me as I rushed back into my apartment. I waited for her to finish her cigarette so I could leave for work, but then she and her roommates started "taking turns" smoking outside, and I heard them specifically talking to each other about how long they could keep me inside. It was long enough that I missed work today. A few minutes ago, I went outside to grab my mail, and in the 45 seconds that I was outside my apartment, they all came outside and started smoking like chimneys, blowing smoke at me while I just held my breath walking past, and laughing at me, referring to me as a "stuck up bitch".

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I'm beginning to think they get some sort of perverse pleasure out of terrorizing me by smoking in the one place they've been asked not to, and are amused by the problems that causes me. My fiance thinks I should get an attorney to send them a cease & desist, and send them the bill if their smoking causes me to go to the ER for breathing issues.

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While I get that a cease & desist might scare them, it may also cause them to escalate. I'm not sure, really, what my options are for "next steps" other than to just be unable to leave my apartment unless I catch a time when they are not outside, and keep towels at my front door in a feeble attempt to keep the smoke out (the door has gaps all the way around, not just at the base).

Answer: Is that CAlifornia or CAnada? Also, specific county may help for this situation.Answer #2: See if there’s another unit in the complex you can switch to.


Title: Are Indoor cat only purchase contracts enforceable in WA?

Question:
I'm looking to get a purebred Bengal cat however most of the breeders I've looked at have as part of their purchase contract "This cat/kitten will be kept indoors and not be allowed to roam freely outside."

The contracts farther state that if the cat is ever allowed to go outside that the breeder can seize the cat and resell it.

I want to have a cat that can freely enter and leave my house at will. Is a clause that states that a cat must be kept indoors constantly actually enforceable in Washington State or do I need to find a breeder who doesn't have this clause in the purchase contract?

Thanks

Answer:
 >It’s a good idea to keep a Bengal as an indoor-only cat to protect him from diseases spread by other cats, attacks by dogs or coyotes, and the other dangers that face cats who go outdoors, such as being hit by a car. Keeping him indoors also protects local birds and wildlife from this avid hunter. If possible, build your Bengal a large outdoor enclosure where he can jump and climb safely. Bengals who go outdoors also run the risk of being stolen by someone who would like to have such a beautiful cat without paying for it.
Read more at http://cattime.com/cat-breeds/bengal-cats#5BuAGItSWxpjrqog.99

thats why they have such rules.Answer #2: If you want to have a cat that can freely enter and leave your house at will, you should purchase a cat from somewhere that doesn't force you to sign a contract agreeing to keep it indoors.


Title: If i am 11, do I have to pay Income Tax?

Question: I live in the UK and I am starting an online shop. Do I have to pay Income tax @ the age of 11?

Answer: If you're 11, you probably shouldn't be working. You also shouldn't be on Reddit. Its in the ToS that you need to be 13 or older to have an account.Answer #2: You have no ability to legally operate a business at your age, it is not possible. You cant sign contracts, you can engage most services, and you are even currently breaking TOS just to ask this question.


Title: My Father Forged My Signature Transferring my 50% ownership of my home to my Niece and is Evicting me

Question:
update Santa Cruz California
I own my home 50/50 on a title with my father and I lived in the home with my son's since purchase over five years. my father is elderly and now confused or just a spiteful Pr*#*. He tried to force me to sell and when I refused long story longer he has forged my name and removed me from the tile and replaced it with my niece's.
 My father filed for duplicate title and they told me today (the dept of housing) they do not require any notarizing for any transfer papers. The home is owned free and clear no mortgage, it has always been my home with my children. I paid homeowner's insurance in the beginning and the property taxes and the last couple of years he paid and then I paid again in 2015/2016  for the taxes. He argues then he sent email saying he wants nothing to do with me or my children or our house. I pay the space rent and by the way this eviction is a 60 day not filed though the court so as I can file a response. The park I live is does not allow renting your name must be on the title to live in the home. I still speak to the real estate agent with home sold us the home and he knows and has been in contact with my father and understands fully how confused and how his intent was to sell this house whether I like it or not. He also knows my father wants to throw us out on the street. Santa Cruz,California

Answer:
 The remedy in many states would be for you to sue for a “declaratory judgment” - the court would issue a ruling indicating the alleged deed transfer was fraudulent.

You need to talk to a lawyer ASAP. Answer #2: Yeah you need a lawyer to deal with this. It's fraud and slander of title. You should be able to get this sorted out though.Answer #3: Once everything is cleared up I'd also like to suggest maybe getting adult protective services Involved. Normal elderly people with all their faculties don't do things like this he might need to be tested for cognitive disorders.Answer #4: If you cannot afford a lawyer, [you can look here for civil legal aid services in Santa Cruz county.](http://www.lawhelpca.org/legal-directory?field_area_target_id=351&field_subtopic_reference_target_id=All)

Also, Santa Cruz courts have a [self help center](http://santacruzcourt.org/self-help) if you can't afford a lawyer and can't qualify for legal aid.


Title: Do I have a wrongful termination case? (IL)

Question:
With at-will employment, I wasn't sure if I had a case. Also, sorry if this is a little confusing, I sometimes have a hard time getting my thoughts to sound cohesive when written.

I originally got hired by the company in 2011 and was employed for 1 year before I was laid off. I was off work for 6 months before I got rehired by the same company (2013).

This July, I had a doctors appointment where I was diagnosed with a disorder that requires daily meds for the rest of my life. That appointment was on July 16th and I started my new medicine that day. By Friday, July 18th, I was starting to experience mild side effects. (all effects I felt were listed under side effects that were normal and would go away with treatment so I really wasn't too concerned). By the weekend, the side effects were in full force and caused me to call off of work that Monday (21st). On Tuesday the 22nd, I attempted to go into work. I was there for about 2 hours when the side effects started to make me miserable. I needed to go home and lay down before they got to the point that I wouldn't be able to drive myself home. I turned to a coworker and told her "I'm going home. I need to go home." She nodded and said ok. I went home and went to sleep. Woke up to a voicemail from the regional manager saying that coworker called and said I walked out and didn't come back and to not come into work the next morning until he speaks with my boss (who was on vacation at the time).

I texted that coworker and asked why she lied. She texted me back acknowledging that I said I had to go home but she said I should've said I was sick. My boss texted me asking what happened. I told her everything and she said she hoped that I wasn't quitting. That Wednesday I get another voicemail asking me to call my boss or the regional manager. I called regional twice, left a voicemail, then proceeded to call my boss. She said the regional manager made the decision for me to not come back and he was saying that I walked out so it was a termination on my end. I said that's not right, and was informed that she couldn't give me any more information and to contact the regional. I tried calling a few times and he never returned my calls.

Side notes: I got my review in June showing that I am an outstanding worker (which I have a copy of). I've never had any disciplinary action taken against me. A while ago a previous coworker screamed out "Fuck this, I quit" and walked out, only to walk back in later and she got put on a probationary period. I just flat out got fired for what I believe is no reason. You are allowed to miss two days without a doctors note, which I was within.

I was also granted unemployment. On the papers it says that there was no wrong doing on my end. Do I have a case? And if so, what type of layer should I seek out? There are so many it's a little confusing.

I still have the two voicemails from the regional saved and the text messages. I know better than to delete them.
Topic:
Labor Law

Answer:
 You were fired for not telling your boss you had to go. If you could tell your co-worker and were ok to drive home, then you could have told your boss or someone else in authority. I don't see an illegal termination here.

The unemployment decision has no bearing on whether or not you were wrongfully terminated. The vast majority of people collecting unemployment were not wrongfully terminated.Answer #2: > I just flat out got fired for what I believe is no reason. You are allowed to miss two days without a doctors note, which I was within.

I'm going to disagree, but it's not relevant to your question. Yes, they can fire you and no, it's not wrongful termination.


Title: Landlord is asking for fees to be reimbursed 7 months after moving out.

Question:
North Carolina

This started last July when I accepted a job that I had to move almost immediately for. The lease I signed with this landlord stipulated that I needed to give 30 days notice prior to leaving the property, which I could not do. We (my roommate and I) gave as much notice as we could, which was about a week.

The landlord does not live in the country so she had a rental agency handle all the things a landlord would normally do, and we never had any issues. The landlord herself kept in contact with us via email; we never actually met her. We informed the rental agency in the last week of July that we would both be moved out by the first of August. Since we had to leave so abruptly, the house was not cleaned as thoroughly as I would have liked to clean, and I had to leave behind some furniture.

At the end of August, I received a receipt from the rental agency notifying me that my security deposit (which was one month's rent) was used for cleaning the house, disposing of the furniture, and the remainder went towards rent for the month of August. Given the situation, I didn't expect to get anything back from a security deposit and didn't fight them about it. And I didn't hear anything else from them after that.

Now two days ago I get an email from the landlord roughly 7 months later telling me that I need to reimburse her for the fees she had to pay to have the house cleaned and the furniture disposed of. I sent her back a copy of the receipt I have from the rental agency which noted the same amount that she asked for is covered by the security deposit. She then told me that the security deposit only covers the month of August rent that she is due because we didn't give 30 days notice and that I still need to pay her for the cleaning and disposal fees.

My question is this. Am I legally obligated to pay her anything at this point? If this had happened directly after moving away I wouldn't be as skeptical but the fact that she waited 7 months to say anything about it makes me question whether or not there's any validity to what she is stating. I've seen you guys give great advice before and I was hoping that I wouldn't ever have to post in here myself but any insight you can give would be much appreciated.

Answer: If they were unable to rent the place in August, you would owe for august (or any portion of unrented time). You *do* *not* owe for the things that the security deposit is listed as paying for already. Refuse to pay that.


Title: Any lawyers in Massachusetts? I have a question about having to disclose mental health to employers

Question:
What DOES a person have to say when applying or interviewing for ANY type of job if they have a mental illness? If employers ask, do we HAVE to be honest and put down that we have one? Aren't we protected by the HIPPA laws? Can an employer override this and still have access/obtain my medical records?
For instance, lets say I want to be a doctor one day but I have a mental illness. They need to know if im physically and mentally competent for this job. They ask if I have ever been diagnosed with a mental illness and I have. Do i HAVE to say yes? If i say no, can they obtain my medical or mental health records depending on the job?

Answer:
 It's illegal to ask about medical conditions in a job interview.

https://www1.eeoc.gov//eeoc/publications/mental_health.cfm?renderforprint=1


Title: Executor not responding to requests

Question: My grandfather passed away 4 years ago, and left a sum of money to me. The will states that the amount should be paid to me in cash, but also states that the successor trustee has full discretion as to the timing of the payments, and if there is insufficient cash, the sum would be pro rata. I have asked him 3 times over the last 4 years about the money and he has completely ignored me each time. Since the will states it's up to him, does that mean it's likely that I will never see the money?

Answer: Demand an accounting. If he doesn’t respond then consider retaining an attorney.


Title: Opening a company in Delaware, Do i need a business license?. the company is a middleman between buyers and sellers for ammunition out of the country

Question: [deleted]

Answer:
 Probably.

You probably also need a lawyer for when the ATF jumps your ass for arms trafficking.Answer #2: And you're not a US citizen, AND your visa expired?!  Heh heh heh.  Sure, go sell munitions. Answer #3: You'll definitely need licensing, probably lots of it.  So you'll need to have an attorney familiar with federal and state laws, to vet your business plan.


Question: If a girl is fooling around with her boyfriend while he is driving and he hits someone is she in trouble and on the hook for it to? She was giving him head and the cops most def know because her boyfriend hit a pole after he hit the jogger and when the cops came they saw her boyfriend with his pants underdone and she has a mark from the steering wheel on the side of her head and her seatbelt bruise is on her side because she was turned and facing him when it happened. It's bad for the boyfriend because the jogger has a broken bone in her face and her arms and she lost one of her feet. But can the girl be on the hook or in trouble to even tho she wasn't the one driving. Thx. This was in NY where they live.

Answer:
 We'll need a NY criminal attorney for this one, but all the variations I've read about for vehicular assault (2nd degree, 1st degree, and Aggravated) have elements that require intoxication, or suspended license, or serious injury to more than one person, or serious injury to a child under 15 in the driver's car.

So the criminal charge will probably be reckless driving.    New York's distracted driving laws appear to focus on mobile phones and don't apply to more general, ahem, distractions.

He will probably be sued civilly, unless he has enough insurance to cover the damages of a person with serious and permanent injuries.

But OP's question was about the passenger's liability.

It's an interesting question about whether she will be civilly liable, as she was actively participating in the driver's reckless conduct.   It's not going to be difficult to prove that her conduct was a proximate cause to the driver's loss of control.

The girlfriend might be cited under the law that prohibits overloading of the front seats or loading cargo that blocks the driver's view;  she could be reasonably said to be [interfering with the driver's operation of the vehicle's control mechanism](http://law.justia.com/codes/new-york/2006/vehicle-traffic/vat01213_1213.html) if her head was between him and the wheel.


Title: Mom has 5 children. All 5 are listed as equal inheritors in will (state of Georgia)

Question:
I am one of the five children and I have power of attorney (she is 83 and in bad health) and the executor of her will. When she passes, how difficult is it to divide her assets equally? She is not rich,  maybe a 100k in equity in her home,  and the furnishings and stuff within the house.  25k life insurance policy, and that's all.

There is no directive as to what items go where... just an equal split of her estate between five adult children.

Answer: Sell the house and stuff and divide the money. If anyone wants tangible property, everyone agrees on value and it goes towards their share.


Title: Car accident from 2 years ago (New Jersey, USA) - person I hit from the back is suing for bodily injury

Question:
Hi everyone! Just searched for this subreddit in hopes of some advice.

I got into a car accident 2 years ago - my fault - and the person I rear-ended is claiming bodily injury. I was told he was suing *my insurance company* (no longer my insurance company, not sure if that matters). This week I was served papers with my name as the defendant, and was told to simply call my old insurance company to make sure they got the papers.

What does this mean for me? Is insurance covering this, or could something happen to me?

Thank you!

Answer:
 Contact the insurance company you had at the time. They represent you.  If you had insurance at the time, they will cover you.

Boom. That easy.


Title: Getting my life back together, then toll fees. Anything I can do? (IN)

Question:
A little backgroung:

Late 2018 (end of august) I was homeless, living out of my car, but still managing to work as much as possible. (Just not enough to afford a place to live) During that time I made multiple trips across a toll bridge to reach job-sites (i worked construction), however the toll bills were neglected. During October, I injured myself at work, found out my employee didn't have insurance, and everything spiraled to levels of begging and borrowing.

Fast-forward to now, I'm 2 weeks into an apartment lease and at a new job. In an attempt to get my life back together I start going through owed bills and paying what I can. Today, I am pulled over by the police and told that I had expired registration. I told them I wasn't aware (truthfully) and that I would correct it immediately. I attempt to renew my registration to find that there is a hold due to outstanding debts to the toll company.

I go online to try to pay and get the issue resolved, only to find out I owe an insanely high amount. (More than I can pay any time soon) Inspecting the invoices, I see that additional fees (administrative,

(I was unable to receive mail during the time that I was homeless) Upon attempt to pay it, I'm notified that I actually owe an extremely large amount that I couldn't possible afford right now, and that "Fees" make up 51.5% of what I owe them.
I understand the reasons behind fees like this in general, but that doesn't help me get to work without potentially being arrested/impounded.

Do I have any options available to me?

Answer:
 Option 1:  You pay all tolls and fines in full so you can drive your car again.

Option 2: They set up a payment plan, you can drive again when all payments are complete.

They've got $7,000,000+ in toll violations that caused them to start blocking registrations.

There's 3 other bridges with no tolls.

Your tolls and fines were fully accessible without mail at any time at a library since they have full online account access.

Carpool, uber, walk, bike, moped... With all the small town factory jobs in Indiana there's things to do other than illegal bridge crossings.Answer #2: There's no trick that will force them to reduce those fines and tolls.  I'm a little surprised they've ONLY doubled.    In many locations, failure to pay a $4 toll turns into a $200 citation.

Your only bet is continuing to reach out to their support staff, politely telling them about the situation, and asking for them to have some mercy and reduce the fines or start a payment plan and lift the hold on your registration.


Title: Nevada: It's a complicated situation, can't make a good title. GF might be being extorted/blackmailed on a few counts.

Question:
My gf's boss gave her physical cash to buy a car, and the title of the car is just in her name. Later on, he took the car back, and said he wanted the title of the car when it would come in our mail. I'm not sure if it's insured anymore, but we haven't had physical possession of the car for months. We have the title, and it's still just in her name.

Later on... yea it's complicated. This guy has bipolar, and manipulates people, and is incredibly rich, so it's hard for her family to stop seeing him... so basically later on, he's now just their band manager, and he took her to gamble. He gave her cash money to gamble with. She won 5 figures, let's say between 10-20k to keep things private, and had to sign forms to receive her winnings.

She stores the cash at her parents house for a bit til she reopens her bank account (short stupid story to that, pointless to get in to) and can deposit it. He comes over the next day and takes all the cash, saying it's all HIS winnings since she used his cash.

This guy is a millionaire and owns multiple companies, her family has nothing.

So here's the thing. Right now her family is on the verge of being kicked out of a home that he's helping them pay rent, and they already got kicked out once and then he said he changed his mind and let them move into it again. Luckily they have a friend here in this city that let them stay over (my place is too small) during the transition periods.

So now he texts her, saying he wants the car title. We would have just told him to give the car back and say we'll report him for stealing her rightfully owned car, but 2 things: He's crazy and rich and has access to lawyers, and 2) he could easily just threaten to kick her family out of that house, by just not paying part of their rent anymore.

We think that even after she gives him the car title, he would still kick them out of the house just cuz he's a heartless bastard that changes his mind all the time.

Is there any way we can sue him for threatening my girlfriend to hand over her property, and also sue him for taking her winnings? He's telling her to give up ownership of her car, and she's willing to do it to prevent her family from being homeless. If he does in fact make them homeless again... is there any way to fight it legally, seek damages or sue or something, whatever it's called? How about the casino winnings he outright stole from her? She still has the receipt for it, and now she's worried that the IRS or something is still going to try to make her pay year-end taxes on that, but she doesn't have it anymore.

Answer: Refer to the answers that were given last time you posted this thread.


Title: Scam plumber hoarding parts

Question:
We called a plumber to service our water heater. He spoke with the manufacturer and they sent parts directly to this plumber. He quoted the replacement labor alone out to $1,300. I checked the time for repairs with the manufacturer, and they said it was less than 1 hr labor to perform the repairs.

I returned to the plumber and said no we'll work with a different plumber and that I wanted the parts. They said they have not received them. I have played back-and-forth with them for a week, but recently called the manufacturer myself and they confirmed the delivery happened over a week ago.

I followed up with the plumber demanding a 3rd time (now) that they give us those parts.

1. Does the plumber actually have to give us these parts?
2. If yes, and they refuse to do so, what recourse do I have?

Answer:
 Who paid for the parts? If you did, you have a claim to the parts. If he hasn't given you the parts, you contact the police.

If he paid for them, he owns the parts and you can do nothing.


Title: If naked can a minor rob somewhere and if they are naked the footage is child pron?

Question: I’m not actually going to do this. Was curios as I saw this on r/teenagers. Just to restate the question. If a minor robbed a store/business naked would the security footage be child prom and it would be considered a crime to watch the footage?

Answer: No. Child porn needs to have a sexual component. It’s the same reason that pictures of children in the bath isn’t child porn.


Title: Is the arrest of the Golden State Killer, fruit of the poisonous tree?

Question:
Evidently, they entered the killer's DNA profile into a public database, but then they had to check a box to certify that the DNA belonged to them or a family member, which they must have done.

Does this make the arrest and everything after it legally invalid because of the lie?

[New York Times article](https://www.nytimes.com/2018/04/27/health/dna-privacy-golden-state-killer-genealogy.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region&region=top-news&WT.nav=top-news)

"The detectives in the Golden State Killer case uploaded the suspect’s DNA sample. But they would have had to check a box online certifying that the DNA was their own or belonged to someone for whom they were legal guardians, or that they had “obtained authorization” to upload the sample."

Answer:
 Absolutely not.

The certification is a civil issue.  You can't assert a 4th Amendment right over your relative's dna sample that he voluntarily surrendered.

In any event.  The key "match" wasn't made from the site l, but from a different abandonment sample defendant left after police were investigating him.

Familial partial DNA matching is an emerging field (had a bar committee meeting on it a few months ago relatingto howard beach jogger case), with valid concerns that you are right to touch on, but any limiting measures will have to be through new legislation rather than 4th Amendment jurisprudence.


Title: Searches from Police relating to Graffiti/Vandalism (AUS)

Question: [deleted]

Answer: If you want to avoid the police, stop breaking the law.


Title: I'm being sued for breaking an apartment lease (Texas).

Question: [deleted]

Answer:
 ELI5: You signed an agreement. You didn't uphold your end. The other side wants the money you agreed to pay.

You are in TX. It is very landlord friendly. You are very likely screwed unless you can show they rerented the place.


Title: Can my employer dock pay for long rest breaks without notice california

Question:
Hello,
I am a non-exempt employee in California at a pharmacy (billing). Employees are allowed 15 minute paid breaks for which we clock out and in using the computer at our desk. I found out today when I noticed my check was a bit off that the company is considering us clocked out for any minutes beyond the 15, and docking pay for those minutes. I have often taking a bit too long of a break (a minute or two, or rarely, five). I understand that California law only requires 10 minutes be taken, so the fact that time between going back and forth from our workstations is part of the 15 doesn't bother me (plus the break room's very close, so we still get more than 10 mins of actual rest), but is it legal for them to take that time out of our checks? I would figure if anything it'd be a write-up or warning.

Tl;dr my company's docking pay for breaks that go over 15 minutes. Is that legal?

Thank you for any and all responses.

Answer:
 so they are only paying you for the time you are clocked in? that seems pretty standard for most every jobAnswer #2: As an hourly employee, they only have to pay you for time worked plus paid breaks. So paying you for the actual hours clocked in plus two 15 minute breaks is reasonable. It's like being paid less for clocking in 5 minutes after the beginning of your shift, of clocking out 5 minutes before the end of your shift.

It's not that they're taking time out of your check, it's that they're not paying for time that you weren't clocked in.


Title: Strange phone call from a "Legal office" (their phrase, not mine...)

Question:
I'm in Indiana, and I received a phone call from a person who claimed to be from a legal office, and told me they would be serving me a summons at work, and assured me it would be embarrassing and I would potentially lose my job.  They offered to not serve the summons if I paid them $500 to settle some really old debt.  I asked for their address and the name of the company they worked for, and they wouldn't give it to me, citing privacy laws.  Should I be worried about this?

It's possible that I owed some sort of debt, they said it was for 5/3rd bank, and it was about 4 years back.  I had 5/3rd around that time, but I am unaware of any debt... I googled the number they gave me to call back, but came up with nothing.  I called again today to try to get the address and name, but they again wouldn't give it to me, and said:

"You'll get it when the summons arrives"
I asked "How is the summons going to arrive, you don't have my address?"
They said, "We don't need your address, it will be coming into your work so everyone can see"

My common sense tells me that this this just some shithole operation that buys up old debt and tries to collect by going nuclear on people hoping they will be scared enough to pay them something.

Thoughts?

Answer: Ignore it. It's a common scam.


Title: [TN] Probate Court - Local Rule - Must be represented by an attorney - Is this enforceable?

Question: [deleted]

Answer: Various legal aid agencies and law school clinics will provide free legal assistance to those that qualify. If you don't qualify, they'll likely have referrals for low-cost attorneys. Since you're in Davidson county, I would recommend calling Vanderbilt Law School's legal clinic and see what direction they can lead you in.


Title: [TEXAS]Don't want to get a lawyer; Charged w/ Possession of Marijuana. Advice?

Question:
Hey Reddit,

So tomorrow I appear in court for the first time for a possession of Marijuana charge, Class B Misdemeanor
**Penalties in Texas are : Possessing 2 Ounces or Less – Misdemeanor offense, punishable by 180 days in jail and up to $2,000 in fines.**

Heres my situation... After playing a couple games of late night soccer I smoked and went back to play. Later on I went back to my car to relax fell asleep and a cop woke me up an hour later, told me to get out searched me then asked If I was good to drive. 10 mins later he states that he apparently smelt weed when I opened the door (I do not smoke in my car) so it caught me off guard Officer asked if I had anything in my possession I let him know that I DID NOT. he began to search my car at this point he had already detained me and put me in the back of the car.... I don't know If, what or how much he found as I had just carpooled a couple friends to the field.

I know it doesn't matter who's weed it was as it was my car im already SOL I don't want to waste my time in court or get a lawyer. This situation only opened my eyes and put be back to reality... this is my first ever offense or run in wit h the Law and really just want to know what would be the fastest way for me to be over with all this and while avoiding possibility of any jail time at all. Also possibilities of getting the charge off my record, My future is pretty bright imho I work at Fortune 500 company and run a creative agency with a couple of mainstream clients. I don't want this to ruin my record later in life.

I know most of you on here are affiliated with an attorney somehow and all answers are usually yes. Do I really need a lawyer ? What could I do to make tomorrow my one and only appearance in court and get this over with if anything? I can afford a lawyer.

Thanks in advance!

Edit: After getting this response I plan on asking for more time and seeking a lawyer. The only reason I didn't at first was a lot of cases and result go the same way with/without a lawyer.

Answer:
 Get a lawyer.

A misdemeanour offence means that if you are convicted, you will spend the rest of your life answering "yes" to the question "do you have a criminal record?" Your lawyer can help you navigate the defence process and can hopefully help you negotiate a diversion, or a plea to a non-criminal infraction of some kind, so that you come out of this with your bright future intact.

There's likely nothing you can do to "get this over with" tomorrow. Even if you plead guilty - which you should only do as part of your lawyer's strategy to reduce your punishment - you'd still have to appear again for sentencing later, as well as for any subsequent probation.Answer #2: At your court appearance ask for more time to get a lawyer and then get a lawyer.


Title: Legally Changing my Name in Florida....Things got a Bit Twisted

Question:
Sorry if I make some mistakes, I'm writing this quickly on my smartphone.

So I got married in March of 2016, and when we were filling in our marriage license I expressed that I also wanted to change my first name and asked how to go about it. The lady told me that I can just take my marriage certificate with me to the social security office and that I could fill in the application for my new SSN card stating my NEW first and last name on the "name change" boxes. I got heckin' bamboozled of course...because once I finally got around to doing it, the lady at the SS office told me "oh honey, I need an official document that shows your first name is changed. I can only do your last name today because it shows up on the marriage certificate. I need an official document with your new name on it...why didn't you write it in on the marriage certificate when you were getting married?"......fml.

So now I've bought a name change packet at the family court.... but here is the issue....

**Birth name: **JANE A. DOE
**After the SS office visit:** JANE A. *SMITH* (on my SS card)

The name on my SS card does not match any of my photo documents. My passport is the only document that acts as my proof of citizenship and I guess also my "birth certificate" (I was naturalized).

The forms ask that I bring my driver's license, state ID **or** passport. So I'm thinking It'll be fine because they won't ask for my SS card. However, there's a section where they ask for "former names".

[The page with the Former Names section](https://i.imgur.com/YRPjxFp.jpg)

Can someone please advise on what to do in this situation? Is it okay if I go into this as JANE A. DOE and omit the fact that I'm JANE A. SMITH to the SS department, and simply request to get the whole name changed to ANNE D. SMITH?... or should I get my driver's license updated to reflect my last name change after marriage and fill out the forms?

I have to go back to the SS office after this part is over anyway to get my new NEW card  (and then change literally all my other documents as well). I'm just trying to avoid paying twice for updating all my documents.

Any help is appreciated. Thank you

Answer: The cleanest thing to do here is finish your name change to Jane Smith, then go through the process of changing your name to Janet Smith. You have the right document for that - your marriage certificate - and a new SS card. Get your passport and/or drivers license done next. Then go to the courthouse and do a regular name change.


Title: Was I coerced by an officer?

Question:
The other day I was pulled over by a police officer for a missing front license plate. The officer asked me to come to his car where he issued me a warning. I had my paper in hand, opened the car door and stepped foot outside when he asked me to come back into the car because he had some questions for me. I complied.

He asked me if I had brought any controlled substances back from Colorado (we were in western Nebraska). I told him "no". He stated that he wanted me to be completely honest. I replied once again with "no there are no controlled substances in the car." The officer then told me to think very carefully because I will be in a lot more trouble if he finds something when he searches my car. I was scared and unfamiliar with the laws in NE, so I confessed. Cannabis was found and I received a ticket.

Was I coerced or an unwilling confession? I was ready to plead guilty until I discussed this with an attorney. He didn't practice criminal defense but claimed that there was a possibility. Should I try to fight this?

Additionally, is there any way that I can have access to the dash camera to make sure that this is how things happened? (my memory is unclear from the adrenaline)
Topic:
Drug Possession

Answer:
 > Was I coerced or an unwilling confession?

Yes, you were coerced, but it was not illegal coercion. Answer #2: You were questioned and confessed. Nothing illegal about it.