Title: Business Partner Has Grown Corrupt Over the Years. Can I Work Around this or do I Need to Seek Some Kind of Legal Requital?

Question:
I've been in an S-Corp with my partner for nearly 15 years, both of us are 50/50 share holders. We're located in California. My partner is my best friend's brother, a strict Mormon, and one of the very few people I thought I could trust when we set off on this business endeavor 15 years ago. The reason I needed to trust him was because he is the "money" guy while I'm the production guy.

That trust came to a halt about 5 years ago when I noticed he was buying personal items with our company card. I'm not sure what it was but something lead me to believe that he was up to something so I had to investigate. I noticed about $20k worth of personal purchases over the course of about 2 years. When I confronted my partner about this, he broke down in tears and explained how upset he was about this. He said things got out of hand for him and his family financially and that he had every intention of paying the company back. He paid the company back over the next several months so all seemed good. In the meantime, I started watching the books and our account like a hawk.

Fast forward to more recently, about 18 months ago, and my partner informed me that his wife was leaving him and he needed  some advance payments to buy his wife out of alimony (that's a whole other story). Other than the one credit card issue, I had no reason to doubt that everything would be okay. The company had a lot in AR so I knew my share would eventually come in. I didn't want his wife making things harder, and/or trying to go after his company shares so I agreed to the advances. Over the months we evened things out. Though now I've noticed that the last several months he has taken more advances without even telling me. To make things worse, I noticed that he paid a contractor, who did work on his home, several thousand dollars through our company account. To make things worse than that, I noticed that the past few months my partner is taking half his distribution checks under a different name. I'm not sure if he has a fake ID or if he's having someone else cash his checks for him. Either way, it doesn't look good. All the money, either paid as advance payments or made out to the contractor add up to nearly $70k!

This is the end of the line for me so I need to do something. Though at the same time, I can't be stupid about this. Our business is good and we definitely can continue to make money if we work together—my partner knows this as well. At the same time, I don't want to have to worry about my partner keeping up his shady ways. I also don't want to give him any notice before I decide how to go about things. So I'm wondering about three things:

1. Is there a way that we can setup the company so that neither of us have access to the company accounts? I'm thinking maybe we both sign over power of attorney (or something like that) to a neutral party and they are the ones who deposit our checks and handle payroll and distributions. I'm thinking/hoping this would solve the problem since he'll no longer get to pay himself or anyone else. To set this up, I'll have to threaten my partner that it's this or we go to "war". He stands to lose more if we do turn this into a legal battle. Of course, part of the deal would be that he makes good on the money he's already embezzled(?).

2. In case my first idea is a bad one, or in case my partner—once confronted—decides it's too drastic and tries to cut out of the business with as much as he can, what are my legal options? I want to come at him very prepared.

3. Is my partners seemingly illegal behavior going to cause problems for me down the road? And/Or can I use this against him if this does become a legal battle?

I want to avoid hitting the nuke on our business. Doing so would mean we're both scrambling for our clients and employees; I imagine it would get ugly. And that seems like it might be a best case scenario. That said, I feel like I'm being taken advantage of so I need to fix this ASAP.

**tl;dr:** I'm in a partnership (50/50 S-Corp in CA). Business partner is taking advance payments and using company account to make personal payments (in the tens of thousands). I plan to threaten legal action unless my partner agrees to allow a neutral party to take control over the financial affairs of our business. Is that possible with an S-Corp? And how should I prepare a legal case against my partner in case he does not agree, or the neutral party idea is not possible?

Answer:
 > Is there a way that we can setup the company so that neither of us have access to the company accounts

This is the kind of thing that _should_ be set out in your operating agreement. It's tricky to change after the fact, especially if the existing agreement has no clauses allowing the agreement to be changed over the objections of some of the partners. For example, a two-signature requirement on expenses over a certain amount is fairly common; when forming a partnership, it's worth engaging a lawyer to draft the operating agreement. Your company's bank may even be able to enforce your signature policy for you.

However, that's prevention, not cure. For now, you should talk to 1. an accountant, to review the books for any other anomalies you may have missed, and 2. a lawyer, because this is going to be a mess to sort out, well beyond anything you can reasonably take on yourself. Do both of these things _before_ discussing anything with your partner. Pay for the lawyer yourself, if you believe your partner is suspicious of you, and keep records in case it becomes feasible to expense that from the business accounts after the dust settles.

Your partner has a fiduciary duty to the other partners (i.e., you) to use the partnership's assets for the purposes set out by the partnership, and to deal honestly and fairly with you. Using the partnership's money to pay for his personal expenses, and hiding some of those expenses under a false name, looks like a fairly severe violation of that duty. Your lawyer will best represent your interests here, whether that includes salvaging the business or otherwise.


Title: Alcohol and tobacco infusions/usage in Iowa

Question:
Hi /r/legaladvice!

I am a bartender in Iowa. I would like to take some Kentucky barrel-aged tobacco and create a) bitters or b) an alcoholic infusion.

I have been trying to read through code to understand if this is a legal practice in Iowa. I don't want to even begin the process of obtaining the tobacco for this if it is not a legal practice.

The intent would be to use this in a bar (no food sales but we do have a food license). Alternately, I would enjoy this for home use if that is allowed.

I am stumped. Is anyone familiar with this niche realm?

Thank you very much!

Edit: thank you so much for the information related to nicotine toxicity. Another idea that a friend has had was to smoke a cigar/tobacco to create a smoked cocktail. Am I understanding correctly that, while this would be a lower concentration of nicotine and therefore less dangerous in general, serving this is still an unsafe option for my guests?

Answer:
 Not a lawyer but a fellow bartender, I can't remember the exact details but I read once that unless you really know what you're doing tobacco infusions can come out poisonous so just keep that in mind of you do (legally) go ahead with this.Answer #2: Not legal advice, obviously.

Alcohol infused tobacco is delicous, tobacco infused alcohol sounds disgusting.

If you want a smoke flavour in your cocktail there are  lots of ways without using tobacco.


Title: one punch rule

Question: hello, legal experts of Reddit I am seeking some legal advice as I recently found out that someone I know has accidentally killed someone with one punch . as I am from Australia obviously Australian laws apply. the story is that this person went out in town with a few friends and his sister and when they were leaving the club they were in some men (around 30 my friend is 19) started yelling at the friend's sister the usual drunk pickup lines. being the group of rowdy 19-year-olds they are they told them to bugger off (used much more colourful language) and one of the men came over and punched one of the boys in the face, my friend then turns around and punches him and accidentally kills him. I am wondering what the best and worst-case scenario is for his trial. fairly sure he is being tried for assault and kill or something

Answer:
 Your friend needs a lawyer in the worst possible way. He is looking at charges for murder.Answer #2: You might try r/auslegal and also mention the State as these laws differ from state to state.

For example, NSW has a possible 8 year minimum sentence.

https://www.nsw.gov.au/news-and-events/news/one-punch-assault-laws-pass-parliament/

While QLD could be minimum 15 years.

http://www5.austlii.edu.au/au/legis/qld/consol_act/cc189994/s314a.html

It also will depend on what they actually charge your friend with as different sections of law could apply (they could be lenient, they could go for the toughest charges possible).

Your friend really needs to speak to a criminal lawyer ASAP.


Title: (Texas) Contract “Daycare” Workers having to show up for no pay?

Question:
I used to work for a local fitness studio that provided childcare for moms during their classes. When I was hired, I was told to arrive to my shift 20 minutes early, clock in, and then wait for any kids to show up. If no kids showed up, I would clock out and leave. It sucked only getting paid like $4 for all the effort to get there, but what ever.

Then my manager sends out an email to all of the daycare workers introducing an “amazing new system”. This new system involved showing up 20 minutes early for our shift, NOT clocking in, setting up and then waiting for kids to show up. If kids did show up, we could clock in and then edit our time sheet to reflect when we actually arrived. If no kids showed up (something we have no control over...) we would go home without any pay.

I quit immediately lol, and so did several other girls. When this situation first occurred, I did a quick google search to see if it was legal, and I found that as contractors we weren’t guaranteed “show up pay”. But then [this ](https://www.reddit.com/r/legaladvice/comments/7jzcxn/texas_im_a_seasonal_worker_is_it_legal_for_them/?st=JB8A61IK&sh=da0b1e2c) post showed up and I began wondering if what they’re doing is actually legal?

Answer: If you can't set your own hours, you aren't a contractor. If you aren't a contractor and your employer requires you to be at work at a specific time, then you are "engaged to wait" which means you should be paid. Answer #2: I'm curious if you even can be called contractor in this instance.


Title: GF may have committed insurance fraud.

Question:
In WA. The GF was trying to get out of our parking lot and tore up her car because of the truck with a trailer was blocking the main thorofare. She was late for work and panicked and tried to get out, tearing up her car. car has a decent value. In her shock she filed a insurance claim stating that she found the car that way. Additional info, I am somewhat sure this is all on tape the truck was for remodel of an office in one part of the building. Claim has not been processed and less than a few hours old.
thanks for your help.

Answer: How does shock incite someone to commit a felony?


Title: Bitten in the face by a king corso while on vacation in Texas

Question: In April 2017, my wife was visiting our daughter in McKinney Texas. They went to a friends house and my wife was attacked by the king corso the couple have. The damage was extreme and permanent, from nerve damage to  facial scarring. We received an email from the attorney handling the case, which stated there was nothing he could do because  the owner of the dog and the owner of the house are not responding to the papers they were served. Is it true that there is no recourse ? No one is responsible?

Answer:
 The insurance company owes you nothing.

Sue the dog/house owner directly, and then they can either pay you out of pocket, or then they can deal with their insurance company.Answer #2: FYI it’s Cane Corso Answer #3: Lazy attorney. You absolutely have recourse, though the amount and type is up for grabs. The owners are responsible if you can prove negligence or unprovoked attack. "Extreme" and "permanent" are not easily-avoidable words if they were uttered by a medical professional.

But no salt-worthy attorney gives up because no one has replied to a service, that's just stupid.

(As an aside, I do hope that your wife is recovering, permanent facial nerve damage notwithstanding)Answer #4: The attorney certainly can do more. But I'm interested in the scenario in how this happened, is the attorney limited to demands alone because maybe some risk was assumed?


Title: [UK] Plane delayed for over 12 hours by a US airline, what should I do next?

Question:
Family holiday, and they've offered us free plane tickets totalling at around $900, but I'm wondering if I can push for more? Actual money instead of just tickets? How much should I expect, and are there any laws I can put in to remind them of?

I'm not sure where else to post this so I apologise if this isn't the right kind of sub to go to - I still hope I can get some help here. My parents want compensation for it more than anything, so I'm trying to handle it as best possible.

I'm trying to be vague here so as to not ruin my chances of getting money back from them, but if anybody wants to help me out I'll happily give you the airline details and so on.

Answer:
 >and are there any laws I can put in to remind them of?

None at all*.

>How much should I expect

Expect no more than they're offering.  You can try to negotiate higher, but they have literally no obligation to pay you anything.  At most you're only entitled to a refund, and that is if the flight is cancelled altogether.

*Well, there are perhaps some, but absolutely none that are relevant to you, nor any that a customer service rep/flight counter attendant is going to give a crap about and say "oh yeah, you're right, I owe you $7,000 because of statute X."  It doesn't work like that.


Title: Would there be copyright concerns with transcribing camp songs and games from memory?

Question:
23F currently in Minneapolis, MN. I've been a camp counselor and outdoor leader since I was 18 and am returning this summer to the same kind of work. Every year around this time, I wrack my brains trying to remember all my games, songs, and time-killer activities. Inevitably, my co-workers and I come back from the winter a little rusty and it takes us several weeks to have our brains fully in "work mode" again where we can call up activities, songs, riddles, and challenges on the fly.

Having recently self-published a book, it occurred to me that I could compile all the games, songs, and riddles that I could pull from my memory, type and format them, and print myself a quick reference book.

**My question is:** *would I run into copyright issues if I were to, eventually, polish up this book and want to sell it, assuming I wrote all these things down from memory and avoided songs or games with copyrighted names?* (a song mentioning McDonald's comes to mind...)

The stuff isn't even written down informally yet so this is really a hypothetical, I just figured I should put some feelers out there.

Thanks for the help!
Topic:
Intellectual Property

Answer: From memory doesn't really matter. You'd be fine if these songs are all in the public domain. You'd not be fine if any of them was under copyright.


Title: If child porn is viewed online but not downloaded, would the viewer still be in trouble? Ie say they went onto a random website by accident and found a gallery and then clicked away. [USA]

Question: I'd rather not provide the state I'm from with the high-controversy surrounding this fragile topic, etc.

Answer:
 Obligatory IANAL.

Yes, yes, and yes again. Holy hell, yes.

You describe the act of "going onto a random website **by accident** and **finding a gallery** and then clicking away."

A cybercrime unit, prosecutor, and judge may very well be hard-pressed to accept that you *accidentally* stumbled so close to such a site online. And then you describe *clicking into a gallery*/accessing a gallery. This is where what u/StopherDBF said comes in- when you click something like that, you are downloading data to your computer *even if you didn't explicitly click a download button of some kind*. Answer #2: You are downloading it into your browser, and definitely yes.


Title: [WA] Hands free driving law. Can you get a ticket reduced if you were on speakerphone but your phone was in your hand?

Question: The officer noted I was talking on the phone on speaker phone but the phone was in my hand. I was not committing any other infractions. I know this law is relatively new. I am wondering if people have successfully gotten this type of infraction removed from there record or reduced in these circumstances.

Answer:
 Your brain is still distracted even when using speaker phone. There is a good reason this law is in place.

You can hire a traffic lawyer if you like. In the future, try not to unilaterally decide the fate of everyone else's safety while you're behind the wheel.Answer #2: If the law says you can't have the phone in your hand, you can't have the phone in your hand. It's that simple.

And while it is relatively new, it's been in force for almost 2 years now. You have no real excuse. Try to fight the ticket if you want, but be prepared to pay the fine.


Title: My sick girlfriend's boss told her she would have health insurance after being full time for 3 months. She's been full time since September and yesterday her boss said she won't get insurance until March because she "never coded her as full time"

Question:
We live in New Hampshire and my girlfriend works for a large chain store. Her boss said she "kept getting notifications to code her as full time" but just didn't do it. My girlfriend has been struggling day in and day out with different illnesses, as well as been waiting over a year now for health insurance so she can MAYBE afford tonsil surgery. It's fucking tearing me apart to see her have to wait everything out, never going to the doctor, just hoping that she'll be okay. She's been incredibly sick the past few days, but has had to keep working because we pay the bills. Her boss got mad, asked her why she hasn't gone to the doctor, my girlfriend said because she doesn't have health insurance. This sparked the conversation where her boss explained that she never coded her as full time. I'm fucking pissed and hurt that she did this, so I want to know if there is anyway for us to get some money so we can just find out what the hell is wrong with her. The fact that my girlfriend could be dying for all we know and we will have no idea because we can't afford going to the doctor is the worst. On top of that, today is the deadline for getting Healthcare for next year, so anything we do needs to be immediate. I have no idea what to do.

Edit: This is really blowing up for some reason. Thank you all for your wonderful help, we're going to get her insurance on the marketplace tonight. Her boss seems to feel bad and told her to go to a minute clinic and she will cover the bill. Not the greatest, but it's something.

Answer: At most jobs you aren't eligible for healthcare coverage before you put in at least 90 days. You can get your own plan through the governments website.


Title: Car loan rejected what do I do

Question: I bought a new car 16 days ago. The paid off my trade in and I have not done the ttl yet. The dealership called today and told me the finance company took back there loan. What do I do from Here? They will have me resign I'm sure but what if they can't, what if I don't like the new deal? This is in oklahoma

Answer:
 Very common tactic. When you go in, know what you're getting into. I would immediately hand them back the keys and say, "Perfect, I couldn't really afford the car anyway, so let's get this deal undone".

You'll be very surprised at how quickly they can make the original terms work out for you. Answer #2: This is a pretty common shady dealer tactic. I'd go back and demand they unwind the deal.


Title: Mildly panicking - random lady who parked behind me called yelling about getting me arrested for a hit and run. I didn't touch her car.

Question:
I'm in Alberta, Canada. I do deliveries and she got ahold of me through the restaurant. I don't even know if I'm in the right place to ask for help but I'm still having severe anxiety over this and can't think straight.

I called the non-emergency police line but since this small town sucks so much they're closed by 5pm. I called my insurance company and they are also closed, yay! So helpful.

I parked on a residential street to do a delivery across the street. As I left I backed up very slowly and carefully to get enough room to get out and then went on my merry way. Next thing I know she called up the restaurant demanding to speak to me and claimed I hit her car. No way. There's no new damage on my car (not even the dirt is disturbed) but I get dinged up in public parking lots all the time and haven't reported all the scratches on my bumper.

But the thing is 3 years ago I did back into a car in a parking lot. At that time I exchanged information with the owner, we looked at the cars and agreed there was no damage and he told me not to worry about it. A few months later I found out he was trying to claim $10,000 in damage and the insurance company sided with him because backing out automatically makes you at fault.

I'm sick to my stomach over this and have no frame of reference for what to do. I can't afford to pay a year's worth of insurance up front like last time. Do I have any legal way of protecting myself if it comes to her word vs mine?
Topic:
Traffic and Parking

Answer:
 Insurance companies can match scratches on one car to scratches on anothet. You might not need to have records of the previous scratches if your insurance people can prove that none of the scrathes match.

Its not a perfect science mind you, but you're less likely than you think of being in a he said she said situation.


Title: [Indiana] Fiancee bought a HUD home for her sister. Wants to put title back in her name to protect sister from bankruptcy.

Question:
At the beginning of last year, my fiancee bought her sister a HUD house in Indiana. Due to HUD rules, the purchaser has to live in the house, so what essentially happened was the cost of the house was just given to the sister as a gift so that she could purchase the house under her name.

The sister not making great financial decisions and my fiancee is considering trying to get the house title back in her name so that it can't be taken if her sister has to declare bankruptcy.

1 - Can the title simply be transferred?

2 - Are there any time limitations before the property can be transferred after purchase as a HUD home?

Thanks guys.

Answer:
 Transferring an asset to a family member  on the eve of filing bankruptcy is the worst thing she can do. The house may be protected in a bankruptcy if sister keeps it and files. If she transfers it and files the trustee for her case will claw it back and sell  it for sure.

Edit words


Title: [FL] My mother's abusive ex is trying to convince her that her new boyfriend is a narc. He's ex-police, and nobody in our house sells drugs anyways. I believe he's lying, but is dating someone even a legal method of entrapment among narcs/plainclothes cops?

Question:
My mother (60s/F) finally had the nerve to leave her abusive now-ex (60/M), who I've posted about on here under different throwaways, and block his number and email. However, he has contacted her from a private number trying to convince her that "he heard from 'someone' that" her new boyfriend (62/M) is a narcotics officer, actually going undercover to "investigate" us. She has been seeing this man for roughly two months, going on dates to restaurants and shooting ranges together. They regularly text and feelings seem to be mutual. He is ex-police, no arrest record as far as I could search on sites like Spokeo. Her ex, however, is a notorious liar to women and police alike, and has a history in drug trafficking and domestic violence, including against my mother. He often lies to her and plays mind games with her, so I'm very sure that this is his concocted fantasy that he's crafting in order to try and "get my mother back".

I just want statements from those with legal experience that my mother's paranoia regarding her new date is unfounded, and that this is just her ex making up lies about him.

Is it even legal to date someone undercover as a form of entrapment? Or for families with no history of drug arrests to be randomly "investigated" by narcs?

Answer:
 Can people who are undercover date the people they're investigating? Yes. (Imagine if they couldn't; just ask someone out on a date to flush out the cops!) It's potentially skeevy, but yes.

Would a policeman go undercover and start dating someone just to find out if they were doing drugs? Unless your mother is doing cartel levels of drug trading, that seems *remarkably unlikely*. Imagine how much time it would take for police departments to send people out on a long series of unwanted dates to try to bust someone on a minor marijuana use charge.


Title: How to serve someone overseas?

Question: Let’s say, for instance I live in Michigan. My assclown of a landlord owns a single family home in Michigan which he rents out, but lives in China. He will not return my security deposit. He has always refused to give us a physical address, communicates only via email, and does not work through any kind of property manager. How do I sue him to get it back?

Answer:
 In China? Oooo, that sounds like a huge pain. I'm in Washington, so I can't speak from experience to Michigan, but according to their rules of civil procedure it appears to be similar (and of course their website for their rules is down for me so I can't really check). At the very least you are going to have to either serve an agent of theirs in the states or by certified mail to their last known address. If that isn't possible, you may need to motion the court to show that you haven't got an address and service will be at the court's discretion. An address might be possible to obtain via the tax documents for the home which might be public record, but I am unsure.

Word of warning; if you cannot serve your landlord, you would need to likely get a judgment on an American asset, such as a bank account. Depending on your damages you might have to settle for a lien on their property. Again, court discretion.

Lastly, I once was involved in a situation where a Japanese citizen was served via certified letter. The letter came back and the whole situation had an incredibly sad ending I won't go into here.

I am NOT an attorney. I simply work in the legal field. If anyone knows better, please correct me because I'm not an expert at all. Just a big nerd.Answer #2: https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/internl-judicial-asst/Service-of-Process.html


Title: Friend hit neighbors basketball hoop with car. What should she do?

Question:
My friend lives with neighbors who keep their basketball hoop in the middle of the culdesac.  The other day, she hit the basketball hoop with the front of her car.  She broke the stand, so the neighbors want her to pay for a new one.  Her car also has minor damage at the point of impact.  By the way, this is in Florida.

Does she have any legal obligation to pay for the hoop?  I know that a driver usually has the responsibility of avoiding stationary objects, but that it's also illegal to obstruct public streets.  Her family has also repeatedly asked the neighbors to move the hoop into their driveway when it's not being used, to no avail.  I personally think they should both let it go.  In my opinion, they're both at fault and should each take care of their own damages.

Answer:
 At least in the insurance industry world (I am not a lawyer, but work in insurance) stationary road objects, regardless of their placement, are your responsibility to avoid and you are liable if you hit them.

For example, if you hit a car that's stalled in the middle lane of a busy highway, you would be responsible for replacing the car you hit (or rather, your insurance would view it as a liability coverage claim that would increase your premiums).

From an insurance perspective, the history behind why the hoop was in the road, or how often it has been there, is irrelevant - the driver hit a stationary object and destroyed it, making the incident entirely the fault of the driver.

If car insurance got involved, the driver's insurance company would pay for the hoop, and the driver's rates would likely go up as it would be a liability claim.
Answer #2: Legally, your friend owes the neighbors a new hoop. As a separate issue,  their hoop is illegally placed and may be either moved or confiscated by city officials if you bark up the right tree. She may have to replace the hoop, then get it taken away, if both parties insist on being stubborn.Answer #3: I'd be amazed if there weren't bylaws for the city/county that forbid putting hoops in the road, even cul-de-sacs.


Title: Caught Title Jumping In Illinois

Question: [deleted]

Answer: If the police call you, politely decline to speak with them and tell them to direct any questions to your attorney.  If you don't have one, get a criminal defense attorney.  Your local bar association will likely have a referral line, but IMHO the best way is to ask your friends and family if they have a recommendation.  In the future, don't speak with *anyone* or give anything out -- such as the bill of sale you gave away -- without consulting an attorney first.  What may seem like common sense to you may actually be evidence against you.


Title: Discussion/question: Why wasn't qualified Immunity applied here?

Question:
Spotted this over on another subreddit: https://lawandcrime.com/crime/former-florida-police-officer-sent-to-prison-for-forcing-teens-to-strip-and-run-naked-to-avoid-arrest/

While I'm personally happy that abuse of power will be met with consequences, I'm not entirely clear on why QI either wasn't argued or wasn't upheld. I don't believe there is previous case law covering this *exact* situation (forcing people to run around naked in order to avoid arrest), and recent QI cases have been pretty resounding about the need for there to be an exact precedent.

Does anyone have any insight or educated guesses about this case?

Answer:
 Oh, that's an easy one.

QI only ever applies to civil cases, not criminal ones.


Title: Cops Came To My Door

Question:
Michigan.  I am Mom to an 18 year old male. I live in county A, state trooper is from county D, which is two counties away.  I came home from work and found a card from cop, asking kid to call him.  Kid is out west with friends for the summer.  Kid calls cop.  Cop says they must speak in person, but it's fine to wait until August.

I tell kid not to talk to cop under any circumstances.

I talk to a lawyer, and quotes me a price I can't afford. My questions are - at this point do we need a lawyer, or should kid just refuse to speak with cop and see what happens?

Also, is there any way to search court documents, police reports and such to try to determine what department Officer Friendly is with and what type of crime he investigates?

Answer:
 > I tell kid not to talk to cop under any circumstances.

Nice job

> at this point do we need a lawyer, or should kid just refuse to speak with cop and see what happens?

You are not obligated to speak to him at all.  Ignore it.Answer #2: >Cop says they must speak in person, but it's fine to wait until August.

that's oddAnswer #3: You or your son are under no obligation to speak to the officer at all. It would be wise not to if you do not have an attorney present.Answer #4: The county thing is basically irrelevant since you're talking about MSP. They have jurisdiction anywhere in the state. They're a "full-service law enforcement agency," meaning they investigate any crimes regardless of city, township, or county boundaries.

[Michigan State Police](https://en.wikipedia.org/wiki/Michigan_State_Police)Answer #5: Ignore it all until they have paper work sent to you or son. Don’t bother with lawyer yet. They might want your son to somehow admit to something. Idk


Title: [FL] Employer requires me to wear heels to work, but I have to lift heavy boxes and perform manual work for half my shifts.

Question:
**UPDATE: I had the meeting with HR and my manager. They have agreed to let me bring in flats and change my shoes as needed. Thanks everyone!**

I work IT for a company in Florida. My company has other female employees, but I am the only female who works for the IT department. The company dress code is office attire, but women must be in heels that are a minimum of 2 inches, no wedges allowed.

Now, this isn't something that happens every day, but about 2-3 times a week we have to perform server installs in our data center. My position requires me to lift 30lbs or more at a time, which I am able to do, but it is extremely difficult to lift some of our UPS units while wearing heels. The UPS's weigh over 200lbs each and even with a team lift, they are heavy.

Last week we were installing a new UPS and I tripped in one of our airvents and almost fell while trying to carry some equipment. The datacenter has numerous slotted airvents on the floor to cool the servers and my heels will get stuck in these vents. I have tried switching to a chunkier heel, but the vents are wide enough that my heels will still get stuck.

I have spoken with HR about my concerns and they have told me that there is nothing they can do for me because the dress code is what it is. Yesterday, I knew we had to install a new UPS and I brought a pair of flats to work to change into while we did the install, but one of the managers saw and wrote me up for wearing flats instead of my heels.

I have a meeting in a few hours about my write up and I'm hoping someone will have some advice for how to handle this situation.

Answer:
 I would try to approach this as a safety issue, not a dress code issue.  Ask if you can keep a pair of flats in your desk, car or locker to be worn only when you are working in the data center.Answer #2: Not that this is an area OP needs to veer into, but is there a case to made that dress code requirements based on gender are discriminatory? Answer #3: A dress code requiring heels? I'd be shopping for ties and insisting that they start calling me Bob.Answer #4: Your employer is opening themselves up to a host of worker's comp claims for back issues by female employees who were required to wear 2"+ heels.

Frankly, for a company that has an HR department, I can't believe they have that policy. And I have to wonder if their worker's comp insurance company has seen that policy.


Title: Is this legal?

Question: I’m in the state of Florida, I own a business. I accidentally dropped a wheel and a small chip occurred. Customer saw it and said it’s not problem they’re already messed up I was going to get them re done. Day after I get belittled, told how unresponsible I am, how he tipped me $22.50 and he shouldn’t have. I refunded him $72.50 to cover for damages he said doesn’t matter. Then he asks me to take down pictures I’ve taken on my property, alright I didn’t want any problems. Now he’s telling me he’s telling all of his group members not to go to me, how bad I am, and how I messed up. Starts saying you worked on my car sleepy, that’s fine it came out beautiful. I made a mistake, now he’s trying to get all of his friends against me, and legit said he is stopping me from getting business from them.

Answer:
 You dropped his wheel and damaged it.

He's allowed to tell people that.


Title: My boss is threatening to fire me because I don't have a car (tn)

Question: I work as a contractor for a landscaping company and every day we meet at the shop, get into the landscaping truck, and go from there) I told my boss that I would have another car in exactly a month. The other day he told me that if I didn't get a car within the week he would have to fire me. I get to work on time every day and I get rides from friends and uber. Can he legal fire me for not having a car?

Answer: Yes. Answer #2: Awesome. Thanks for all of the replies. I wish that the laws were a little different. Answer #3: Yep. He can fire you if he doesn't like your haircut. Answer #4: Chances are he's firing you for another reason and this is just an excuse. If he liked you and you show up on time and do a good job why would he have such a hair trigger on firing you over a temporary lack of a vehicle of your own?


Title: How do I end my marriage?

Question:
I'm in Ohio. Husband has a traumatic brain injury and is in a nursing home for the rest of his life. I need to legally separate myself from the situation so he can continue with Medicaid, the skilled facility he's in is one of few with TBI experience in Ohio. I don't think I could file for dissolution since his Short Term Memory lasts approximately 2 minutes, but divorce is too expensive. What can I do?
Topic:
Custody Divorce and Family

Answer:
 This may be too complicated to figure out in this setting.  I think you have surpassed the "what does the internet think" and fallen well within the area of "I need to sit with a lawyer who specializes in this".Answer #2: There are a number of organizations that work with families of TBI patients, I suspect one of them could give you the answer.  Talk to an attorney.

But the end result is that you can file for a divorce, and a guardian will be appointed to represent your husband.


Title: I was terminated after receiving a third disciplinary write up but these disciplinary write ups seem to be nonsense. (At least to me)

Question:
I am reaching out here to get some advice on my termination and to see if I have any legal grounds to challenge my employers decision, or if there is any other sort of action that I could take against it. My company policy is that employees are to be terminated once they have three disciplinary write ups, I received my second and third one today Monday May 26th however I believe that that conditions of these write ups are to be questioned.

To give some details of my job, it is a student job working in the store of the private university that I attend, a Federal Work Study program. I don’t know if this will make any difference, but I figure that it should be mentioned anyways. The location of my employment is in Maricopa County, Arizona, USA.

The first write up I received was about a week after I started working my position, the reasons for the write up being that I had not shown up to work. The day before however I had sent a message out to my supervisor telling her that I was sick and would not be showing up for work the next day because I was sick. As a result of me not showing up, not telling her who would be covering my shift, and for not having voicemail setup for my personal phone, I received this first write up.

About two and a half years after my first write up I received my second and third write ups simultaneously. These write ups were described to me this morning by my supervisor as **one single write up split into two incidents**. These write ups are a result of a remark I had made in response to the wastefulness of paper and plastic office materials. A remark where I may have said what would be considered by most to be a curse word. Recalling the event to the best of my memory my statement was “It’s fucking ridiculous that we’re wasting materials like this.” As described in the official write up I was 'screaming disparaging cursed-filled ramblings which demonstrated poor judgement, a lack of self-control, and insolence.' My remark in regards to wasting materials was the reason for the first part of this second write up.

The second part of this write up come from my response to my statement, at least that is what the official disciplinary document says, this is not the case. My supervisor confronted me, maybe about ten minuets after my other coworker had left for her lunch break and asked why it was that I was telling other employees that she was “fucking stupid.” To which I responded that, “I have said no such thing.” The write up details that this showed a sever lack of integrity and accountability of an employee. My response to the accusation of calling my boss ‘fucking stupid’ is the reason for the second part of my second write up.

The previous two events happened on the same day and, once again, as was described to me was a singular write up split into two, if that is something that is allowable.

I don't use Reddit very much so apologies in advance if my Reddit etiquette isn't up to standard.

Answer: None of this is illegal. Write-ups are not governed by law. You can fired for 0 write-ups or not fired after 100 write-ups. The write-ups don't have to be accurate.


Title: [NY] Evicting someone with a disability who has no lease.

Question:
This takes place in New York State. Suffolk County. Town of Huntington.

So I'm going to do my best to give a truncated version that is just pertinent to legal details as best as I can, if more information is needed I would be happy to add more. I tremendously appreciate your time and don't want to make you guys read a ton if you don't have to.

So essentially I have a couple living in a house my mother owns. We've recently had some disagreements and they've lied to me about a few things and would like for them to leave.

The female I'll call Monica (not real name) was in an accident years ago and has fibromyalgia and needs the use of a cane to walk due to her recently acquired disability. She is in her own case waiting judgement so it's not something she is faking.

Essentially they were forcing me to landscape for them (although it is in their lease to do) and they said that if I didn't agree to it they would consider looking for other places. Which worked out because my mom wanted to move in there anyway. So I informed them of this and they were pretty stunned, guess they were just bluffing and then started talking about how they love it here and they do not want to move.

Later we spoke and I said my mom would still like to move in there and I gave them 4 months to find a new place because I knew it might be difficult to find something.

The next day I get a call from I guess someone from a disability office saying Monica is with her and  telling me I can't evict them and 4 months is no where near enough time. I need to give them at-least a year or 15 months. I don't have a leg to stand on in this and I need to be more understanding because of her disability. But essentially saying that due to her disability I need to be giving her more time and cannot evict her just because my mom (the owner) wants to move in. I was very flabbergasted and upset. I never even said the word evict and they had no resistance and said "guess we have to move".
So one other wrench in this is that my mother is finishing up a divorce during this. The divorce is not finalized (but should be within the month) the judge has made a decision but it has to go through the proper channels like the clerks office and whatnot. My mom is going to get full control of that house and even now during the divorce she has full control over all the marital assets (including the home).

The tenants do not have a current lease. The lease they signed over with my dad (who was managing the house at the time) is from 2013 and was for only 1 year.

When I looked into things it seemed that my case was even stronger since my mom the owner wants to move in her self and they have no lease. I found things in NYC that were a bit similar but not so much in Suffolk County. Furthermore, other cases that I saw just had different circumstances that weren't pertinent to ours so I wasn't sure how well those situations applied to this.

So essentially I would like to know if I would have any problems evicting them due to the nature of her disability. If this is a fairly straight forward case and is it reasonable to expect them to be gone in 1-3 months max? Or would they be granted the ability to stay much longer and we would have to go to litigation for that.

I called a couple lawyers and left messages and I'm just waiting to meet with them, with labor day weekend coming up it is a bit difficult to schedule in so I wanted to write hear to calm down my anxiety dealing with this situation.

Thank you for your time.

Answer:
 > I get a call from I guess someone from a disability office

Hmm. Okay, did you verify who they were and that this was a real thing? In any case, here's all I can find:

>*In rent controlled apartments statewide and in rent stabilized apartments outside New York City, a landlord may not evict a senior citizen, a disabled person, or any person who has been living in the apartment for 20 years or more for purposes of owner occupancy (9 NYCRR § 2524.4; 9 NYCRR § 2504.4; NYC Admin. Code § 26-408(b) (1).).*

But very little of that probably applies, and you're not evicting anyone. You're ending a month to month tenancy. [In New York here's the process](https://www.nolo.com/legal-encyclopedia/new-york-notice-requirements-terminate-month-month-tenancy.html):

>*Except in communities with some form of rent regulation, rent stabilization, or rent control your landlord does not need to give you a reason (although acting on discriminatory or retaliatory motives is illegal). A landlord can simply give you a written notice to move, allowing you one month as required by New York law and specifying the date on which your tenancy will end.*

If they are not out by then, you have to take them to court to evict. But as long as you're not getting rid of them *because* they are disabled, I don't see why you would have a problem. Other than, an eviction is expensive and time-consuming, if it comes to that.


Title: [MI] Manager told Co-Workers I am unable to work because I have 'Cysts"

Question: [deleted]

Answer: You can ask the manager not to do that again, or complain to HR/a higher up, but nothing illegal happened here.


Title: [CANADA] TomTom GPS company stopped providing support for products that are less than only 3 years old, despite offering lifetime support. I purchased mine less than a year ago and was informed that it was "obsolete".

Question:
My TomTom GPS just completely stopped working after making an important rollover update (April 6th). It has since no satellite signal. [This](https://www.consumeraffairs.com/automotive/tomtom.html) [problem](https://discussions.tomtom.com/en/discussion/1111052/gps-update-didnt-work-how-can-i-fix-this) [is affecting](https://discussions.tomtom.com/en/discussion/1108335/gps-week-number-roll-over/p4) [tons of users](https://ca.trustpilot.com/review/www.tomtom.co.uk) and TomTom doesn't seem to aknowledge it. Customer support is a waste of time, since all they can do is tell you to update your device, which of course doesn't achieve anything.

&#x200B;

I understand that a company can stop offering support for obsolete products, but isn't 3 years way too early? My father's Magellan GPS is more than 10 years old and still receives updates regularly. TomTom doesn't even offer a replacement; all they can do is offer you a 20% discount on their brand new products.

&#x200B;

Is there anything I could do?

&#x200B;

Relevant link:  [https://www.reddit.com/r/BuyItForLife/comments/ab7l6x/id\_just\_like\_to\_encourage\_everyone\_never\_to\_buy\_a/](https://www.reddit.com/r/BuyItForLife/comments/ab7l6x/id_just_like_to_encourage_everyone_never_to_buy_a/)

Answer: Never buy anything from TomTom again. They are trying for planned obsolescence. I use buy phone now.Answer #2: I would see if you can file a report with whatever government branch handles consumer protections in your area. Being that your device is still fairly new, I would also see if there's any way you can get a refund with the store you bought it from, if you didn't purchase it directly from TomTom.Answer #3: As an attorney with over two decades experience, I have to say that this is the most blatant case of fraudulent advertising since my suit against the movie, The Neverending Story!


Title: Got into an altercation with a drunk guy and I was charged with battery. I believe I am innocent.

Question:
Upon leaving a restaurant on Mass street with the three male friends and three female friends I Was encountered by a gentleman whom I had not previously met. This man was seemingly attracted to one of my female friends and approached her and I and asked “are you taking care of this girl?” I replied “yes, I am” and asked if the gentleman knew us since he approached us as if we were close friends. After asking me question pertaining to his familiarity, the gentleman accused me of “acting big and bad” and proceeding to invade my personal space in a threatening manner. While backing away I stated: “Hey, can you get out of my face? I don’t know you.” While this happened a few people around the gentleman stated that he was drunk. This is a fact that was apparent as he slurred his words and continued to invade our personal space. As he came forward, he extended his arms and spit in my face while calling me a “black mother f***er.” Admittedly, I took offense to this. I have never been in such a situation and considering this was a complete stranger, I was taken off guard. At this point I am separated from the individual by my friends as well as bystander but he continues to call me “scared” while aggressively charging in my direction. Since no one restrained the individual, he was able to easily approach me and my personal space once again. At the point where he lunged towards me once again I reacted by pushing and swinging at the individual. At this point I noticed an officer which was a relief. The gentleman ran and I complied with all of the officer’s orders. She handcuffed me and issued me a citation after we conversed about my court date and the situation as a whole. She stated that she had had trouble with the drunken individual in the past and that he would be taken care of. After being let out of the car I was given a citation and the officer and I went our separate ways.

I have since obtained the police report and the cop stated that I said "I lost my cool." which I never said. How can I argue that I acted in self defense?

This is in Kansas by the way.

Answer:
 > How can I argue that I acted in self defense?

Get a lawyer, go to court, present your side of the story.


Title: Can I be sued for this?

Question:
I was in my room and a neighbor got arrested. I took a picture from my room while the police were walking her to the squad car.  She was outside on public property. I didn't post it to anything public, I sent it to a private groupchat with my roommates. Apparently the girl wants to sue. Does this case have any ground? I
 (Location: NJ,United States)

Edit: I don't know if it changes anything but it somehow other people have obtained the picture)

Answer: In the US you did nothing illegal


Title: IL- I was convicted and sentenced based in part on someone elses' prior. Can I sue?

Question:
I was arrested and charged with drug possession, and in court when the prosecutor was listing my priors, he listed one for "assault on an unborn fetus" , which I have never been charged with.  It is also showing up on the circuit clerk website, which anyone with internet can look up.   Who knows how this has affected my life; it could have contributed to lost job opportunities, etc.  Isn't it a form of libel?  What is my recourse?

Edit: I did tell my public defender about it, but he didn't think it was important. My main concerns are how can I remove this from record, and can I seek compensation for anything?

Answer:
 In what context was he listing your priors?Answer #2: I'm pretty sure your 3 drug charges for opiates is what caused your lost job opportunities. I wouldn't hire someone with 3 drug felonys without some AMAZING references.  Answer #3: I suspect your history of doing illegal drugs, as conveniently evidenced in your post history, had more to do with your drug conviction. Answer #4: > I don't want to pay a lawyer

You need a lawyer. This isn't DIY territory


Title: Can I sue this author or his publisher for slander or defamation?

Question: My father, long dead, was famous, or infamous and has several books written about him. I was recently given one of these books, published in 2006 and it has a very salacious section falsely claiming where I, 16 or 17 years old, took off all my clothes and started masturbating in a semipublic place and goes on implying that I was very mentally disturbed. This author may have a slight grudge against me because he sent me a copy of another book he has written and over the course of several phone calls I declined to give him any information. I live a very private life and most people aren't aware that my father had any children. What kind of lawyer specializes in this kind of law and how would I find one? Is there a statute of limitations, it's been 8 years since it was published? I'm in Oregon at the present but plan to move to California very soon

Answer: You have a number of issues here, including proving the statements were false and showing that the author was at least negligent in publishing them.  But there is also a one-year statute of limitations for defamation in California, and if the book has been published for 7+ years, you may have a difficult time overcoming that.  You will probably have to sue where the author/publisher is located, so that rule may differ if they are elsewhere.


Title: Please redditors help me, I have no idea what to do

Question:
I had a minor car accident/incident last Saturday. Whilst taking a left turn in a crossroad, I didn't see a civilian crossing, due to there being two lanes that could go left. He was an older man, who I didn't see, and had bumped with my car. Luckily I wasn't going fast, and I had hit the breaks immediately.

He fell onto his knees. I bolted out of the car to help him get up, but he wouldn't let me. He leaned on my car and pushed himself up. A few of us rounded around him after I moved my car out of the way to see if he was alright. Myself and another gentleman insisted on taking the man to the doctor, but he refused. So I offered to take him home.

There I wrote my name and number on a piece of paper. He said he wouldn't call, unless there was something wrong, as in if he was in pain etc.

Fast forward to today. He calls me out of the blue, saying he talked to a lawyer friend, who has told him he has the right to demand money from me. He said nothing about any pain, just that hw deserves to get something for the shock he suffered.

First, he wouldn't state the price, then I finally got him to tell me. 1000euros, which I can't afford at all. After I told him I have no such money, that I barely make half of that, he still insisted, saying half is way too little.

I ended the call after telling him i have to consult a few people as well.

My uncle suggested (hes not a lawyer) I agree to no more than 200euros. So I called the man back, telling him I will pay no more than that amount, unless he gives me proof of being hurt, or reporting the incident to the police, whatever.

He backed off, saying he doesn't want to be dragged through court, so he'd accept that amount.

Now my question to you is, what do you think I should do. Please, if anyone has any ideas to an altrrnative solution, etc. Help me.

Edit: Im from Europe.

Answer:
 You have basically negotiated a settlement agreement to avoid either of you being dragged through a court proceeding. You want to write up a simple agreement that says you agree to pay him and he agrees to discharge any claims for damages against you as a result of a collision that occurred on such and such a date. Both sign it, give him the money, be done.

OR you could continue to fight. He sounds like he probably doesn't have a case, and he may never sue you if you don't pay him. What you're paying for, essentially, is peace of mind. That's a decision nobody can make for you, especially not Internet strangers. Whether it's worth the $200 to put this behind you is entirely a judgment call on your part. Answer #2: >Now my question to you is, what do you think I should do.

Pay him the damn 200 euros and thank God he wasn't looking to get more, right after you finish thanking God you didn't hit him hard enough to maim or kill him. I'm not sure why you wanted my opinion but that's what it is.


Title: [NY] Does my private high school have to follow Title IX if they get Title 1 money?

Question:
The private, Christian high school I recently graduated from has a policy in the student handbook that if a student is found to be sexually active, pregnant, or the father of a child, possible consequences the school would enforce are “dismissal from school, (with possible readmission in the future), probationary status, restriction from positions of leadership and/or extracurricular activities, and mandated counseling.” However, according to Title IX, schools have to “allow you to continue participating in classes and extracurricular activities even though you are pregnant. This means that you can still participate in advanced placement and honors classes, school clubs, sports, honor societies, student leadership opportunities, and other activities, like after-school programs operated at the school.”

I’m under the impression that a private school has to abide by Title IX laws if they get money from the government. I know this school receives Title 1 money each year. Does this mean they have to follow Title IX, and therefore have to let pregnant students keep their leadership positions?

A situation like this has never happened at my school to my knowledge, so I have no basis on what the administration actually does.

Rights in Title IX: r/https://www2.ed.gov/about/offices/list/ocr/docs/dcl-know-rights-201306-title-ix.html

Answer: A private Christian high school can claim a religious exemption to a Title IX complaint even if it receives public funds.   In the current climate, such a defense is likely to be accepted.


Title: Lender prequalified us to buy a home, now we're about to get sued because he messed up.

Question:
With my wife and I expecting our second child we realized we needed a bigger home and started the process of buying our second house. Our current house we own under an FHA loan.

We went to a mortgage lender and received a prequalification for up to $175,000 with no other stipulations and during our initial meeting explained to the lender we wanted to buy our second home, close on it, and then sell the home we are in now as we wanted the luxury of moving slowly as my wife was rather pregnant and we planned to move over the course of a week.

We made a full price offer on a home of $149,000 plus the seller pay some closing costs which was accepted. We entered the contract, paid for inspections and appraisal, requested repairs, and began the process of boxing up our belongings to make the move.

Two weeks before we are supposed to close our lender called me and says that he 'made a small calculation error,' and our debt to income is too high and we would either need to pay off the $14,000 we owed on our car or switch to an FHA loan in order to qualify for buying this house. We agree to switch to an FHA loan. A few days after this he calls again stating he we 'can't have two FHA loans,' and that he 'always forgets that rule.' So we switched back to a conventional loan and paid off our car.

All of this loan switching resulted in us having to postpone our closing date by a week or so. Additional requirements we're made throughout this time requiring us to pay down a credit card, which we did. Then suddenly our lender tells us we had to sell our home in order to receive the loan for this new house. We attempted to meet this stipulation but our home didn't sell before the end date on our contract.

Now prior to the end of our contract a few things happened (I'm summarizing this because it's a lot.) We attempted to sell our home and even had a verbal agreement with one buyer but the buyer backed out. We then attempted to rent our home out which our lender said would allow us to receive the loan with a twelve month contract with a renter. While listing our house for rent (and still having it listed for sale at the same time) the sellers relisted their home while still under contract with us. This concerned us that they may sale the house out from under us even if we attained a buyer or renter on our own home. We mentioned this concern to our lender who also mentioned it to the selling agent who then began to call and text me personally despite me asking her to contact my real estate agent only.

All in all, we reached the expiration date on our contract and were not able to attain financing so we released our earnest money to the sellers and thought that this nightmare was behind us. Instead today (three months later) I receive a letter requiring my appearance at mediation and alerting me that they have a lawyer.
Location is in Kansas

Answer:
 How did your lender mess up here? Prequalification is not a commitment. You could have been denied at underwriting and still wouldn't have any recourse.

Why did you have to give your earnest money up though? Typically, if your financing falls through, you get your earnest money back. I'm not familiar with your state though, so perhaps that's a Kansas thing. Still seems weird to me though.


Title: Single mom in need of some legal advice!

Question: Hi reddit, before I get to my current situation let me give some background. Im a single mom to a 3 (almost 4) year old. His father is in the picture but I've also recently gotten engaged and will be getting married within the next few months. My ex (my sons father) and I HATE each other. We've tried counseling, which hasn't worked, there is 0 trust between us and like I said we hate each other. Recently my ex has asked me if we were going to ask for my fiance to adopt my son after we get married (he asked this because I had said in one of the therapy sessions that I would do anything to get my ex out of my life permanently, and I 100% meant it). I have been thinking about it but of course told him no and why was he asking. He said that he thinks it will be in my sons best interest for my fiance to adopt him after we get married because he doesn't want our son to grow up being pulled back and forth between 2 parents who would willingly kill the other and he said that he doesn't feel like hes really even our sons dad (meaning he feels more like the cool uncle). The last 6-8 months have been hard and my son increasingly puts up a fuss about going to spend time at his dads house, I don't know why, I know that they aren't mean to him and the dont hit him or anything like that I think my son just prefers to be her with my fiance and I. I can see where my ex is coming from, and as much as I hate him I can't really say hes a bad guy or a bad dad. So in my state you have to be married for 1 year before you can adopt a stepchild. The only way around that is if the biological father abandons the child (doesn't pay child support or see the child for 6 months to a year). My ex has agreed to be cooperative so that my fiance can adopt my son after we get married but my question is is it legal to just agree to abandon the child? Its what my ex wants to do so that way we can get the adoption over with sooner rather than later but I don't want anyone to get into any legal trouble over it.  My ex wants to do this primarily because he doesn't want to continue to force our child to spend time with him when my son makes it blatantly obvious that he doesn't want to spend time at his dads house. So, if anyone could give me any advice about how the easiest (and quickest) way we can go through with this I would really appreciate it. Id seek counsel but with the wedding coming up I really can't afford it. Please help reddit!! If it helps we live in Indiana.

Answer:
 Yes he can decide to abandon the child with your knowledge.

Adoptions are complicated. You should consult a local attorney. If the father is willing to give up his rights you might be able to get around the year wait. But only a local attorney would know.


Title: My parents stole my prescription of Xanax. I suffer from Generalized Anxiety Disorder.

Question:
I'm a 27(m) and was diagnosed with GAD a few years ago and have been prescribed to xanax ever since. I have pretty much kept it to myself, but my mom has known that I have suffered from anxiety, just not to the extent at which I was actually experiencing it, which can be pretty severe at times,

Due to being recently laid off and without health insurance I had to wait an extra week to week and a half before I could see the doctor and refill my prescription. Because it wasn't that much of a delay I didn't expect my tolerance to be affected, but I was wrong because I was noticeably affected after just taking one.

Now my parents think that I only got prescribed so that I can abuse them, which is far from the truth. So they snuck into my room while I was sleeping and took a nearly full bottle. Normal amounts of stress can lead to me having difficulty in breathing, dizziness, and on occasion nausea. At its worst I sometimes experience panic attacks and sweating, as well as the above-mentioned symptoms.

I called the doctor's office to explain the situation and was told they couldn't me.

Is there anything I can do or any sort of recourse that I can take in this situation?

Edit: This is in OKC, OK. As far as proof goes, they told me they took it because they believe everyone deals with anxiety and no drug will help that. I explained to them that I have been to more than one psychiatrist and have been diagnosed and prescribed the same.

Edit 2: My mom thinks that because I got upset when they told me they wouldn't give them back I must have a drug problem so she is now trying to convince me to go to rehab.

Answer: Unfortunately, the only real remedy to this is either moving out or having your parents arrested for stealing prescription drugs.Answer #2: Call the police it's theft.


Title: Asking for my roommate's sister, if she left home being physically disabled without telling her parents, what could the legal repercussions be?

Question: She's very unhappy living at home, lonely and depressed. Her mother controls her life and she's sick of it. She wants to come live with us in Montreal (She lives in Ontario), I'm fine with that but what could the legal repercussions be, if anything at all? We plan on getting her in the middle of the night to avoid a fight. She's of age (23). If we called the OPP after we have her and said she's not missing, she's with us, will this be sufficient? She doesn't have any mental disabilities, it's purely physical.

Answer: Not to be cynical (but I will be anyway!), i suspect that the mother is receiving money from the government to assist with her daughter's care. If the daughter moves out, then mom loses the income. That money should be available to the daughter now that she is an adult, or to the brother for assisting in her care. Answer #2: IANAL, but I believe that all that is sufficient is for her to tell her mother that she is leaving. If she is over 18, and there are no special custodial restraints (her mother may have care over her still, not sure what the exact term for this is), then she is free to leave, I believe. Maybe go talk to local PD near her and explain the situation? See what advice they have. Also, I'd suggest talking to a lawyer or waiting for a lawyer from here to respond (again, IANAL).


Title: Cys problems

Question: One day out of the blue i heard a knock at the door amd it was a cys worker demanding a urinalysis on the grounds that i have abandoned my family (sisters) because of my druguse. I complied, not knowing that because my perscription was old that it is no longer valid to take said medicine. I tested positive for opiates and amphetamines. I did have an old script for morphine and adderall.  They came aciuple days later with the sherrif. I am asduming to take my daughter. I have since than moved out of state. From pa to south carolina, before they could dig any farther. Its been a year and My roommate saus they still come everyother day to see if we are there, and they contacted the neighbors infirming yhem that i need a rehab facility. This, i feel makes me look just terrible , and i am highly embarrassed by this, seeing i only took perscribed medicines amd furthermire had old meds left. An addict would have taken all the pills...can they do anytjing to me? The father still lives in pa but diesnt really bother with us. He is kind amd helpful but never demands visits or anytjing.

Answer:
 If they came with the sheriff them they likely have a court order. And you fled. Which looks pretty bad.

So when they find you it is going to be pretty bad.

You should talk to an attorney in the county that is looking for youAnswer #2: > This, i feel makes me look just terrible

Yes, fleeing CYS and a sheriff attempting to conduct their duties does make you look bad.

> can they do anytjing to me?

I mean...are you asking if the state of PA can pursue you for committing crimes? Because...yes?

Get an attorney. Yesterday.


Title: I'm on call for jury service starting Monday, I lost my id number and I can't call in for a new one because it's the weekend, how the hell am I supposed to find out if I need to report?

Question:
I lost my 9-digit id that I need to look up if I'm required to report.

The only way to get a new one is to call the court house during business hours M-F, 8:00-5:00.

I'm supposed to check Sunday evening to see if I need to report by Monday at 8 AM which is the earliest I could possibly obtain my id number.

I don't wan't to ask for a day off work if I'm not required to report Monday, but I also don't want to miss jury duty and get in trouble.

Edit: I live in California, SF bay area

What am I supposed to do?

There has to be some way to get a copy of my id number this weekend.

Answer: Explain this situation to your boss.


Title: Is it worth fighting this ticket for a seat belt violation?

Question:
I got ticketed in CA because the shoulder strap of my seat belt was under my armpit. The violation on my ticket is CA VEH 27315(d)(1).

VEH 27315(d)(2) has this to say:
> For purposes of this section the phrase, “properly restrained by a safety belt” means that the lower (lap) portion of the belt crosses the hips or upper thighs of the occupant and the upper (shoulder) portion of the belt, if present, crosses the chest in front of the occupant.

It has nothing about the shoulder strap being above shoulder itself, only that it crosses the chest, which it still did in my case. Do I have a chance of getting the ticket dismissed? I had a friend in the car who can be a witness.

I'm considering a trial by written declaration, but I don't want to waste the time if I don't have a decent chance (and just cough up the money instead).

Answer:
 It even states "shoulder" when defining the portion. I'd expect that you would not with this. Speaking to an attorney who regularly deals with traffic court may give you some guidence.

&nbsp;

Also, depending on how tall you are, tucking the upper portion of your seat belt under your arm and above your ribs like that may have adverse and undesired effects in a crash.


Title: Can a 16 year old girl in Pennsylvania be in a relationship with an 18 year old?

Question:
So i know this 16 y.o girl from Philadelphia who is in a relationship with an 18 year old guy who is also in Pennsylvania. I just wanted to know if thats legal or not.
I found [this](http://www.premierdefensegroup.com/blog/pennsylvania-age-of-consent/) but honestly i didn't understand a thing. Also do naked pictures count as child porn?
Since im sure that they are doing that as well.
Thanks in advance

Answer: Yes it is legal. 16 is the age of consent in PA.


Title: Suing a university for misleading information?

Question:
I was hired as a visiting professor at a university in Texas three years ago. The job listing said "with possibility of renewal," and during my interview, the search committee made it clear that, while there were no promises of a permanent position, there was a history of these things turning into permanent positions.

&#x200B;

(For those not familiar, "visiting professor" in academia means a temporary position.)

&#x200B;

Fast forward to now: my contract is ending this year. For three years, my department has put a permanent position for me as their top budget request and been shot down. The provost has decreed that there will be no new faculty positions (in spite of record growth at the university). This effectively means that *there was never a possibility of renewal*.

&#x200B;

I really don't want to take any sort of legal action--I would rather just have the job that I have earned--but it seems wrong the way I am being treated. Am I grasping at straws here, or is there something legally wrong with promising the possibility of renewal when it doesn't exist?
Topic:
Employment Law

Answer:
 > Am I grasping at straws here, or is there something legally wrong with promising the possibility of renewal when it doesn't exist?

Are you claiming that they knew with 100% certainty that they would never get a permanent position for you, and that they were putting that as their top budget request just to fuck with you?

The possibility of renewal existed the entire time, it just never came to being. You don't have a case here.


Title: Is a smell enough of a probable cause to call the police on my neighbors?

Question:
So I moved into my apartment 6 months ago and have been suspicious about my neighbors since the beginning. A colleague of mine who used to date my neighbor claims that a meth user/dealer used to live in my apartment, or otherwise perhaps is my next door neighbor. I didn't think anything of it and figured he was exaggerating while hoping this guy no longer lived there. Now that I've been here awhile, I've witnessed a little bit of suspicious activity but never anything really all that bad. It's two guys that live there, with a difference in age that could make them father and son although they look nothing alike.

1) A couple months back the police knocked on my door asking for apartment 1, aka the weird neighbors. I directed them to the correct door, and later saw the two of them leaving in what appeared to be a rush. The older guy was unlocking the car and the younger had his hand on the passenger side door handle while paranoidly looking over his shoulder. I chose not to tip off the cops, for I didn't want to get involved.
2) I witnessed a drug deal one day in the back lot since I was unable to pull in and park I just waited there and watched. Younger suspicious neighbor got out of the passenger side of a random car, apologized, and then the car drove off.
3) It smells like cigarettes all of the time which to me is nauseating enough, but a few times I have smelled what smelled like burning plastic. It didn't smell like a fire, incense, weed, cigarettes, but rather like plastic. I looked it up and good ole google told me meth smoke can smell like burning plastic, cat urine, and ammonia.

So, because the other information I have is pretty much stale and irrelevant at this point, is the smell of burning plastic enough reason to get the police involved or tip off the narcotics department? With the combination of the heat and no AC the smell got so bad I couldn't breathe well and had to leave.

Do I contact the narcotics division? My landlord? Do I knock on their door and ignorantly ask if I need to call the fire department because it smells like something's burning? Any advice anyone has for me would be greatly appreciated.

tldr; I have suspicion that my neighbor whom I share a wall with is smoking meth and I can't feel like I can breathe in my own home. Do I have enough reason to contact the police, or will it be a dead end without a search warrant and just get me involved/ in trouble?

Answer: You don't need probable cause to call the police, you just have to speak honestly. Call the police, talk to them about your observations and they'll investigate as they see fit.


Title: Daycare filming!!??

Question: Really need some help here and I can’t afford a lawyer right now. It was brought to my attention by my child’s mother that my four-year-old son was crying at day care as 4 yr old sometimes do. His daycare teacher took out her personal cell phone and filmed my son crying. Instead of calming him down or figuring out why he was crying she filmed him to “show his mom that he was crying.” I’m about an hour and a half away from where he lives with his mother, still very much involved in every aspect of his life though.  My son is very shy and very quiet and we’re working with him to try to get better. He’s had a few instances where one or two other kids have picked on him to the point of bullying with no interaction from his teacher either. My son does not like to be the center of attention he does not like to be put out in front of others so naturally he’s had a very difficult time going to school every single day since this happened. Is a teacher at daycare legally allowed to be filming on their personal cell phone?

Answer:
 >Is a teacher at daycare legally allowed to be filming on their personal cell phone?

That's generally up to the school, and not a legal issue.

You should find him a new daycare.Answer #2: Just because you don’t like it doesn’t make it illegal.Answer #3: Who knows with no location. Probably perfectly legal and appropriate


Title: Posters put up for an LGBT support group at work are being taken down by an unknown coworker. What can we do about it?

Question:
Someone I know is working at a company in Michigan where this is happening. They help run the group, and have been putting posters up in the designated area so others at the workplace can be made aware of the group and potentially join. At first they thought the posters were being put up somewhere they shouldn't be, but it's clear only these posters are being taken down, while other group posters are left up in the same area. Apparently IT has security cameras that face the walls in question, but they will not go through the tapes to potentially identify the culprit. HR has not been contacted about his, because they have a history there of being very unhelpful, partially because they are off-site and managed by a 3rd party. Typically they don't act on any issues unless there are a lot of reports on a particular individual or topic.

What options are there to stop this type of thing from happening, and to reprimand the culprit? While can this be considered a minor hate crime of sorts? Since it's specifically targeting members of  this group.

Answer:
 Your first step is HR or your manager. If HR approved the employees posting the materials, they can go after the person. The manager may be able to request the videos from IT. Answer #2: > What options are there to stop this type of thing from happening, and to reprimand the culprit?

HR. Management.

> While can this be considered a minor hate crime of sorts?

...just...no.Answer #3: When you say designated area do you mean an area where anybody can put up a poster for any other type of non-work related meeting? (For example, Bible study, Jamie Lynn Spears fan club, priapism support group, etc)


Title: [Pennsylvania] Are part-time workers eligible for partial unemployment?

Question:
Sorry, I guess this isn't strictly legal advice but google hasn't proven very useful and I'm hoping someone with a background in labor law might know. Anyway, some context:

Back in August I started a new job in a grocery store. When I started I was getting 30-35 hours per week, but starting around a month ago our store manager received orders from the DM to cut hours across the entire store. In my case I went from 30-35 down to 19 hours last week and 18 the week before. Far from ideal, but I was able to scrape by in the interim and began looking for a new job in any case.

Then I went in last night to check the schedule for this week only to find I'm not scheduled for any hours whatsoever. The thought did occur to me that they're going to fire me/trying to goad me into quitting--even though I've never received any complaints or warnings about my performance--but I'd also be lying if I said this place has even remotely had its shit together the entire time I've worked there. I'm planning to go in this morning to talk to the manager just to make sure it wasn't some kind of glitch or oversight, but I want to be prepared for the possibility that, no, they really meant to put me down for zero hours and it might happen again next week without being formally fired.

All of this is pretty much already financially unsustainable (when my next paycheck goes in on Wednesday I will have a whopping $321.16 to my name), but until I hear back from somewhere I've applied I can't think of anywhere else to turn but the unemployment office, and everything I've been able to find only talks about receiving benefits for a reduction in hours for going from full-time to part-time. I don't want to waste my time going through the process if it's a definite, 100%, automatic no, so would I theoretically be eligible or should I not even bother?

Answer:
 Being given zero hours like this sounds like constructive dismissal to me, which should be grounds for applying for unemployment while you look for new work, even if the employer hasn't explicitly fired you.

But talk to your employer and make sure it's not a mistake or oversight as soon as you can, and then file, and then appeal if/when unemployment is denied initially, so there's a hearing for both sides.

Do you have copies of your paystubs showing your regular hours worked? If you can get those, they'll help.


Title: Brother threatened his ex with my gun

Question:
Florida.My brother was drinking heavily(alcoholic) and his ex girlfriend somehow took control of his email account and locked him out.

He was enraged and threatened her over the phone, even going so far to say that he would "put a bullet in her head" and apparently cocking my gun so she could hear it.

My brother currently rents a room in my house and we don't have a written agreement. I guess that means it would take 30 days to evict and I'd have to use registered mail for eviction notice if I wanted to ever go that route? I love my brother and want to help him get through this stage in his life but if he forces me I will evict if needed.

I'm concerned about the legal implications of a threat of violence with deadly weapon and my possible liability since he used my weapon without my consent.

Can someone please tell me how serious his threat was and any liability I would have considering it's my house, my gun and I'm aware that it happened(my gf was there and was concerned and I heard about it driving back home).

Thank you, any advice is appreciated

Answer:
 > He was enraged and threatened her over the phone, even going so far to say that he would "put a bullet in her head" and apparently cocking my gun so she could hear it.

Why is your firearm not secured from your alcoholic and violent brother?


Title: [Chicago, Illinois] I am being threatened to be sued for allegedly damaging a plane that was being detailed by my company.

Question: I own a small Detailing business that I started in 2018, I recently did a paint correction on a small propeller plane. 2 days after the job the client calls me belligerently screaming that we broke off a vortex generators from his wing and claims it almost caused him to die. He also claims that one of my employees admitted to breaking it although there is no proof of this. This client stated that if we did not bring him $500 within the next 30 minutes then he would put us out of business. He has since posted all over his social media to attack our business page on Facebook and leave us bad reviews, he has also posted my home address on his page with my full name. I'm not sure what to do from here but there is no proof that we damaged his plane. His lawyer has contacted us and we have not said anything yet. Any information is helpful.

Answer: you should have insurance for things like this. contact them and let your insurances lawyers duke it out with the clients lawyers


Title: TX,USA If something happens to me, how can I ensure

Question: That my live-in boyfriend gets to make decisions about my burial, etc. instead of my parent or brother?

Answer: ...courthouse wedding?


Title: [TX] Can you refuse police entrance to your room with no warrant if your parents let them in the house?

Question:
Im a 22 year old student living at home and commuting to school. About two weeks ago the police came to our door and lied to my mom saying that gang members have been stashing illegal weapons in homes in this area. They asked if they could come in and do a quick look around and my mom let them in before I could say anything.

My girlfriend was asleep in my room and I did not want them to disturb her so I stood in my hallway and would not let them pass. It escalated pretty quickly with both officers telling me to let them pass and one pulling a taser. I folded my arms and told them that I was not allowing them to search my room.

The other officer put his hand on his gun and made it clear he was ready to pull it out. I told him if you want to shoot a man wearing only a pair of shorts and is clearly unarmed go ahead and turned around showing my back to them. Sometimes I can be pretty cocky and this was probably not a smart thing to do but I did it so... meh.

This was when my girlfriend woke up and opened the door. She told them she was sick of hearing us and just search the damn room. I was forced against the wall as the officers passed me and then let me go. I followed them into my room and moved past them to lock my pc. I had a movie playing on it that I pirated so didn't want that conversation to come up.

They didn't say anything about my pc but they gave me shit about my gunsafe telling me to open it. I refused and told them it was bolted to the floor with locktite sealant applied to the bolts. (Which is true) They gave me shit about my closet being messy and searched through old boxes that had toys in them from when I was a kid. In the end they found nothing and left my room a total mess telling me that I was lucky I was not arrested and that I should comply next time an officer tells me to do something.

SO my question is can you refuse police entry to a part of your house if they were let in by a relative? If I had been there for the initial conversation at the door I would have told them no, but I wasn't there for that.

Answer:
 Do you have a lease, or otherwise pay rent? As it is, your mother, I assume, is both the legal owner and resident of the property, and, as such, has complete right to allow them to come in and search any part of the house.

You are incredibly lucky (and clearly privileged) not to have been arrested or worse.

Feel free to complain to the local PD if you believe entry was made inappropriately, but once they were allowed to search by your mother, she was the only one with the right to revoke.


Title: Sister's abusive heroin addict ex ran off with their leased car (CT)

Question:
Location: Connecticut, USA

My sister was in a long term relationship with a guy who was a heroin addict in recovery. They were together for years and even had a marriage ceremony, but never got a marriage license because of his bad credit and the fact that he was on parole for burglary.

My sister was smart and realistic and kept all property etc in her name (she was paying for it all anyway). Overtime he turned abusive and in October she kicked him out. For a while they were trying to work things out, but then she found out he was using heroin again, and she blew up at him. He ran off and we aren't sure where he is. (We do know he tried to steal money from her business account).

The single legal entanglement they had together was a leased car. She had been making the payments until he split. He took the car and my sister doesn't want to keep paying $400/mo  for this junkie to drive a nice car.

Both the junkie and my sister co signed the lease, but the dealership screwed up and only put junkie on the registration. The bank says she owes the money, but the car company says she doesn't own the car. As a result they won't turn on the LoJack to help her locate the car. Oh yeah it's a three year lease about halfway complete.

She wants to do a lease swap,  buy out the lease and sell the car, or otherwise dispose of the lease obligation, but she is stuck. He has the car and is more likely to sell it for drug money then cooperate, and he doesn't have the means to pay the lease himself.

The cops won't help, because she isn't a registered owner. She has reported all of this to junkie's parole officer (especially the embezzlement). He may very likely be going back to jail eventually.

My sister relies on her good credit and doesn't want to default, but she doesn't want to pay for the car for 18 more months either. Is there anyway for her to unscrew this screwed up situation?

Thanks for your help.

Update: Thanks everyone for your help. My sister went to the dealership and refused to give up until they figured out a way to get her LoJack access. We found the car. It's at junkie's parents house. (His parents blame junkie's relapse on my sister because "she abandoned him). Sister called the parents and they basically told her to pound sand and that the car belongs to junkie. We are going to wait and see if there is an opportunity to take the car when it's out of the house. Then we'll figure out our options. She may sell her car and just drive the lease. We doubt junkie will get the police involved because junkie is on parole, but we'll have to see. Thanks again.

Answer:
 The car isn't stolen and yes she owes the money. If she had come here for advice on whether to cosign on a lease with a drug addict with a criminal record and bad credit guess what the advice would be?

> My sister relies on her good credit and doesn't want to default, but she doesn't want to pay for the car for 18 more months either.

She has to decide which is more important.Answer #2: He can't sell the car without the permission of the lessor (as they should be on the title).

Her recourse is to continue making payments on the lease (per /u/swalsh411) and sue the ex-bf for the value of the payments she's making on a car she doesn't have access to.Answer #3: Still responsible for payments. You could consult an attorney & see if they can write a letter to the lease company about activating the lo-jack but aside from that, your sister is paying for her stupidity & there's not much else to be done.

If she values her credit, make the payments, wait for him to be arrested / the car to be impounded, get the car back, & be done with him.


Title: [West Virginia] 22 year old disabled girl in my neighborhood has 7 children being improperly taken care of. What can I do?

Question:
There's a girl in my neighborhood who's only 22 or 23, but she has 6-7 children, and no father(s) in the picture. It is very clear from just briefly being around this girl that she has severe autism or something similar. She is extremely shy, barely verbal, has bizarre behavior, doesn't comb her hair or dress properly. It makes me sick to my stomach to think that several men have been taking advantage of her, because this girl is in no condition to be a mother or perhaps even be in a sexual relationship.

Her children are all poorly dressed, skinny, have a lot of behavioral issues, constantly stealing from other houses in the the area. All of them live with the girl's mother in a tiny 1 story house. I've tried to talk her about her daughter's safety, but she tells me everything is "Okay" and to not get involved in other people's business.

I'm on the verge of contacting CPS to handle the issue of her children, but I worry that unless something is done about this girl that she will continue to get taken advantage of and have more and more children. I think she belongs in a facility where she can be properly taken care of. Is there anything I can do to help this family at this point?

Answer:
 A call to CPS is perfectly appropriate here.Answer #2: Child protective services for the kids, adult protective services for her.  A baby a year isn't healthy for anyone, much less someone with some kind of mental disability.Answer #3: maybe call adult protective services, too?Answer #4: >I think she belongs in a facility where she can be properly taken care of.

The bar on this is very high and its unlikely she will get put in a facility.


Title: statutory rape??

Question: my friend (18f) met a guy online and his profile said he was 22. they met up in Los Angeles, CA and ended up having oral sex and immediately afterwards he claimed that he was 17 and threatened to call the cops on her and drove off in his car. a few hours later, he texted her saying that he is going to file a police report for "statutory rape based on the fact that hes 17 and shes 18 and that they had oral sex." should she be worried about getting charged with statutory rape, even though he lied to her about his age with false info on his online profile and a fake id?

Answer:
 This is a pretty common scam (though admittedly it doesn't often happen in person).

The deal usually is that they ask for money in exchange for not calling the police.

Which is blackmail/extortion, and is also a felony.


Title: I withheld $220 from my rent this month to cover a repair to the heating system. Landlord is now threatening legal action. Maine, US

Question:
Alright, here's the deal:

In January the temps dropped well below freezing, and I was using a space heater to supplement the heat since we were both out of work and couldn't afford oil. The temperature stayed at 65 and above in the apartment the entire time, but somehow the baseboard pipes in both of the bedrooms froze and burst. I suspect there isn't enough insulation in the walls, in addition to the fact the the windows (that the pipes run under) are ill fitted to the point that i have to use packing tape to make sure the plastic stays on them because the wind coming through them will pull the tape that come in the kit right out. After the heating system was fixed I was able to get emergency assistance for 100 gallons of oil. 30 days later I had another 100 gallons of oil delivered because I was out again. And again 30 days later, I ran out completely and in the 6 hours that it took for the oil to be delivered (I showered that morning with hot water, when my boyfriend got up an hour later the heat was out, so I know that it probably went out in that hour interim) a pipe in my bedroom (which had just been repaired) sprung a leak. The landlord came by to start the furnace and gave us the number for the repair company, implying that we needed to pay for it because he had just put 1500 dollars into fixing the system. When the repairman came the next day at looked at the problem he told us that the pipe didn't freeze, that it was the type of pipe (he called it an expander) that was the problem. He replaced it with a different type of pipe, and charged us $220, which we paid out of pocket. I deducted that from our rent based on a couple things, which I included in the letter that I gave the landord:

1) Having lived in Maine my most of my life, I'm at least partially familiar with alternate heating sources like woodstoves. In houses where people use woodstoves they generally set the oil heat to around 55, so that it comes on at night if it gets too cold. I have yet to speak to someone (who had oil heat or some other alternate heating source) that has dealt with the baseboard pipes freezing, especially within a few hours of being off when the temperature outside was 32F and the temperature inside was above 60F.

2) The repairman specifically stated that the pipe didn't burst from being frozen, and that it was unlikely that it had frozen at all. The problem was the "expander," which commonly gives under increased pressure from the furnace starting after being off for a little while. Which isn't always attributed to being without heating oil.

In addition to this, the landlord has stated to be before that the pipes freezing is a problem in this apartment in particular, which compounds my suspicion that the insulation/window situation isn't up to snuff.

Since my pipes froze in January, the landlord mandated that I no longer use electricity to supplement my oil, and that I keep my thermostat (I pay for my oil) to a minimum of 68F so that the furnace kicks on periodically to prevent the pipes from freezing. The furnace ran all night every night for 2 months straight because this apartment can't hold heat. Despite the furnace being on all night, I would still wake up in the morning to it being 63F and below. I've now had a fourth 100 gallon oil delivery since 1/1 because of all this.

My question here is: What can I do? At this moment in time, I'm not prepared to pay the $220 that he's demanding. I have a check for oil, a check for electricity (I'm still paying off the $300 from January) and a student loan payment all pending, which pretty much exhausts my funds. Besides the fact that I don't think I should have to pay for this repair. But, of course he's threatening legal action. What recourse do you think I have? Thanks in advance.

Answer:
 [Here is the statute that details the procedure you would've needed to go through to deduct rent](http://law.justia.com/codes/maine/2013/title-14/chapter-710/section-6026).  Here is the pertinent bit:

>If a landlord fails to maintain a rental unit in compliance with the standards of subsection 1 and the reasonable cost of compliance is less than $500 or an amount equal to 1/2 the monthly rent, whichever is greater, the tenant shall:

>* notify the landlord in writing of the tenant's intention to correct the condition at the landlord's expense.
>* If the landlord fails to comply within 14 days after being notified by the tenant in writing by certified mail, return receipt requested, or as promptly as conditions require in case of emergency, the tenant may cause the work to be done with due professional care with the same quality of materials as are being repaired.
>* After submitting to the landlord an itemized statement, the tenant may deduct from the tenant's rent the actual and reasonable cost or the fair and reasonable value of the work, not exceeding the amount specified in this subsection.

Did you do all of those things before deducting rent?