Title: (Tx) not given enough time for lunch

Question: I was always taught on an 8h work day for a hard labor job you had to be given at least 45min for lunch and one short 15min break and a 10h work day its 1h for lunch and 30min worth of break time?

Answer: You were taught wrong. Texas does not require employers to provide breaks at all.


Title: Made to do the harder less appealing work because I am young and fit and male.

Question:
Work in a place where traditionally lowest on the totem pole does the hard crap work. It sucks but eventually you earn your stripes someone new comes along and you do less and less of the crap until one day you rarely if ever have to do it.

Here and there over the years I have had managers try to jump someone over me (usually because they are female or older and less capable) pushed it to the main boss and they agreed that was not cool. Couple of times this resulted in the newer employee quitting because the work is that disagreeable

New group of managers has decided the traditional way of doing things (and also the way all similar departments in the company still do it) doesn't matter to them.

So now it seems that the young men no matter seniority get to do all the hard work, while being told that what we do is the top, not the bottom.

Are there any laws that protect us? (CA)

Feels real shitty
Topic:
Employment Law

Answer: What evidence do you have that you are getting less appealing work because you are young and fit and male?


Title: 30+ employees exposed to high concentration lead paint via burning, grinding and welding at govt shipyard

Question:
Throwaway because

Location: United States, Virginia, Federal Shipyard

Incident: 30+ employees exposed to lead via welding, grinding and oxyacetylene torching. Management knew that the paint contained at least 3.8% lead and told none of the employees doing the work about it. No proper PPE or safety briefing was given so the employees had no protections against the toxic metal. Minimum would have been double coveralls, full face respirator, gloves, local and general ventilation, as well as posting of toxic metals signs warning of presence of lead for non-workers, local and general ventilation. Subsequent testing of the paint showed levels anywhere from 3-8%, with safety backing up that all of the aforementioned PPE and boundary establishment requirements were required by OSHA.

None of this was followed.

OSHA was contacted and they told the shipyard to investigate themselves. Shipyard sent back a response saying everyone had respirators, everyone was wearing coveralls and that an overwhelming majority of the work was done on weekends when no one else was around. All of this was false according to every employee who was involved that was interviewed.

Some of the affected workers are wondering if they have grounds to sue on the grounds that management negligently and knowingly exposed them to a potentially hazardous/deadly situation. So far blood tests administered from the medical clinic within the shipyard have shown no net increase in most employees, and only marginal increases in a select few.

Topic:
Labor Law (Unions)

Answer: I think you're deep into lawyer territory


Title: [GA] My employer is retroactively refusing to pay 60-70% of my salary because I "didn't do enough work." What are my options?

Question:
Last summer, I came to an agreement with a friend who runs a small (3-5 person) startup. He needed a roommate and the startup didn't have an office, so the agreement was that I'd live with him and do three months of full time (approx 40 hours a week) work for rent + utilities (water, electricity, heat, and internet, which he said would be about $120 a month in addtion to $430 a month in rent) and $5000. This was all agreed upon over email, so I have it in writing.

I moved in and officially began working on September 1. About a week later I drafted up a simple contract that basically said exactly what the email said, outlined the types of tasks I would be responsible for, and said pay would be evenly disbursed on the 1st and 15th of each month. He was enthusiastic about it and said he'd let his cofounder look over it, after which he'd sign it. He kept dragging his feet on it and I brought it up a few more times, but he still didn't sign and I didn't push it further (really stupid of me, I know). This startup was really informal and he was a friend, so I trusted I'd get the $5000 via bits here and there that would add up to $5000 by the end of the three months.

There is a bit of a gray area in that after the work period expired (Dec 1), I stayed on working for two more weeks, and did continue to live in the house.

By December 19, he had only paid me $700. When I asked for the remaining $4300, he said he wouldn't pay it because he didn't think I had worked 40 hours a week, and that I didn't have any time logs to prove it. He also said I hadn't pushed any new code to the codebase, so I clearly hadn't done 40 hours a week of work.

The issue is he *never* mentioned creating and turning in time logs until December 23. If he had, I would've happily made them. I also had written code, but much of it had to be deleted or couldn't be pushed to the codebase because his cofounder was supposed to rewrite the codebase within a few weeks of my arrival, and four months later (now) it still isn't done, which is why the product hasn't moved forward.

I asked why he made no mention during the three months that he was unhappy with my work, that he wanted time logs, that he didn't believe I was working 40 hours a week, or that he had no intention on paying me the remaining $4300. He said that I didn't really bring up salary that often, and to him that was my implicit acceptance of not receiving the rest of the salary since I wasn't working 40 hours a week. He's also claiming that I did receive some additional compensation, since I didn't pay rent or utilities in December (even though I worked for two extra weeks during December).

All of these conversations have been documented in emails, so I have them in writing.

He's offered to negotiate some intermediate amount, but on principle I can't accept this since it legitimizes him unilaterally and retroactively deciding not to pay me. It seems like the best option is to take him to small claims court for the $4300, but I don't know much about it.

Do I have a case even though there is no signed contract? This has really messed up my finances, especially considering that I gave up opportunities to work at much higher paying jobs for this. Thanks for any advice.

[Update](https://www.reddit.com/r/legaladvice/comments/2t37vw/ga_my_employer_is_retroactively_refusing_to_pay/)

Answer:
 Department of Labor. Small claims court. Roll over and accept it.

Choices are yours. Answer #2: What exactly did the emails say? Did the mention anything about conditions of work?

But yes, you can take him to small claims over it. Whether you'll be successful will depend a lot on what was said in those emails and what you can prove in other ways. Those could be considered binding contracts, or at least evidence of an agreement to pay you.


Title: [Boston, Ma] New landlord wants to discuss lease buyout

Question: [deleted]

Answer:
 There is no standard. Some things to consider:

* How much higher is your rent going to be for the remainder of the lease once you find a comparable unit in a comparable location?
* What are your moving expenses going to look like if you hire people to box, move, and unpack your possessions, with insurance?
* Will he return your security deposit and waive any claim against damages due to your tenancy?
* How much is the hassle worth to you, personally?

If you've got two _years_ left and the landlord really wants you out to renovate and raise the rent, you've somewhat got your landlord by the opportunities, here. Feel free to squeeze a bit.


Title: [Maryland/Florida] is it realistic to be able to get a joint custody agreement with court ordered rights limited to a specific locale?

Question:
The situation is as follows:
My current girlfriend and I have a 3 year old son. We currently live in Maryland for work. My girlfriend has been saying she wants to move back to Florida for a while now (I moved her up here for my work). I also just recently received a transfer order (not by request) at my job to go work out of state. My girlfriend decided once I received the order that she does not want to go anywhere else and will only move our son back home to Florida (her whole family lives there and it's where we lived before moving to Maryland not long ago) so she can have help with our son while I'm not there. She told me that I can go work where my job takes me and she'll go to Florida and that I'll just visit them. I was not okay with not being able to see my son so I talked to my boss who looked up policies and found that they have a location in Florida that they can send me. The only way they can send me though would be if I was to get a court ordered child custody limited to a specific locale, where I can not be a certain distance away from them (50 miles or so)  because of the custody agreement. This would mean that I would have to be in Florida in order to be working within the court order and therefore they can transfer me to their office there.

My girlfriend and I talked and it's something we both would be willing to agree on if it gets me to Florida and we can stay together. If I can't get to Florida, she will go regardless and I agree with her reasoning in being close to family since she has no help with him during the day now, and is therefore unable to work, since I work and will be working very long hours.

If we were able to get me to the Florida office, we would still want to live together as we do now, and we don't have any disagreements regarding anything else custody related. So other than the locale limiting aspect, we don't want to have any specific requirements or limitations.

Knowing all this, is it really something possible we can do? She called an attorney a few days ago in Maryland and they didn't seem to knowledgable on the topic. Florida has specific laws for joint custody and when I called an attorney there I was told very conflicting information. Just wanted to ask on here to see if i can at least get some info that can guide me going forwards.

Thank you

Answer:
 The whole thing seems very sketchy.  The best thing you can do is to keep the courts out of it and work with an employment lawyer to see if there is any way to get around the custody clause in your workplace.  Quite frankly, the loophole he's using doesn't even sound legit.  People should be able to pull strings if you're nice to them and know the rules.   DO NOT take the lawyer to HR, but rather speak to HR yourself armed with what the lawyer has given you.  You're looking for a favor, not for litigation.

&#x200B;

Custody orders could take \*months\* and you're betting on the fact that the judge will actually work with you across state lines.  That's a huge risk.

&#x200B;

Not only that, you'll be invested in the court system so if you did ever need to move you could be stuck waiting for court order modifications.Answer #2: Why not just move to Florida and get a new job? Since her entire family is down there maybe they’d help you a bit while you were looking or let you stay with them.


Title: (North Carolina) can I break a notarized document that hasn’t been court ordered, for the safety of my child?

Question:
So I’m going to make this as short and sweet as I can because I have been dealing with some bs for a long time and I need some help.

So the actual tldr version of this is that my son’s father was not around him for about 14 months of his life, we recently started doing child support and he started to take an active interest in being in our son’s life. We decided to keep as much out of the courts as possible, and drew up and notarized a document at the bank that states very basic custody rule for the both of us, however he does pay court ordered child support.

In one of the rules it says that we will both act in a civil manner for the well-being and raising of our son, and come to agreements with how our son’s day to day should be, however every time I bring up an issue he always says “yeah okay that’s fine.”, then does not do what we agree on when he has him on his three days. Recently his girlfriend has been sending me a lot of picture updates of our son, and I noticed that they put him to bed around 9-10pm. Our son always goes to bed at 7:30-8 when he is at my house, and gets a full nap. When he comes home, he has been very upset, cranky, and generally just out of wack for the first full day from when I pick him up from his dads after I get off work on Saturdays going in to Sunday.

Long story short; I brought this up to his dad, his dad got angry at me and started the name calling and escalating, I saw him when I picked him up where he told me “Thursday Friday Saturday, he is with me, and if you don’t like what I do with him then,  you can see me in court.”
So I left and he texted me a bunch of vaguely threatening messages, we had a phone conversation where he said he would beat my ass if he saw me in the street, then I hung up and haven’t contacted him since.

I don’t want to bring my son back to his father. He has never hit me, but he has raised a hand to me before in front of people, and he has also communicated threats before. I don’t want to see my son’s father anymore, but I don’t want to cut their relationship off completely either. I’m scared of what will happen if he lashes out.

If I chose to break a notarized document that HAS NOT been court ordered, will he be able to use this against me?

Thank you for any advice in advance.
Topic:
Custody Divorce and Family

Answer:
 If it has not been court ordered, no you don't *have* to hand him over.

It would not look good in court for you though.

Bedtime is really the hill you want to die on?


Title: My employer hasn't been deducting my health insurance premiums and I'm about to leave the company (MA)

Question:
When I started my job 15 months ago I signed up for health and dental insurance. Everything has been working as it should (i.e. I used it successfully and received the relevant tax forms). However, HR just pulled me aside and disclosed that they made a mistake and haven't been deducting the premium from my paycheck. Yes, I could have caught this if I studied my pay stubs more closely. But this was also my first job out of college and my first time with my own insurance. And it was their responsibility to take care of payroll.

HR was very, very apologetic and said that they will work with me on a payback plan. While I would like for them to call it a wash and start charging me, I understand this isn't how things work and that I will have to repay them.

The issue is that I have accepted a position at another company and will be giving my notice on tomorrow.

They can't deduct the entire sum owed ($140/mo x 15 mos = $2100) as it's more than my paycheck after taxes. I live/work in MA, which has fairly strong employee protections. What, if any, legal recourse do I have? I'm not trying to avoid paying, just trying to make sure I'm informed and not about to lose two weeks of pay.

TL;DR I owe my employer $2100 for health insurance that they failed to deduct but I'm about to put in my two weeks'.

Answer:
 It seems likely you can work out a reasonable payment arrangement with them.  While they may well be reluctant about that arrangement, nevertheless as you correctly point out, they likely can't deduct the whole amount from a single paycheck.  So they may have no other option.

You don't have a legal question yet.  You have a negotiation to have with your soon to be former employer.Answer #2: If you have any unused PTO, which they would have to cut you a check for on you leaving the company, you could instead ask them to take that amount of money and put it toward what you owe.


Title: [CA] Harassing calls from a food delivery company?

Question: [deleted]

Answer:
 >Am I legally on the hook for the payment? Could they send it to collections?

Yes and yes.

Answer #2: So you were able to push back deliveries but weren't able to send a quick email? Sorry but I'm not buying it.

Yes, you are on the hook.


Title: Hospital has women's only psychiatric unit. No men are allowed to work directly in that unit. AR

Question:
This is a hospital in Arkansas.

Just started working there. A big "teaching" hospital.  Won't give the name.

Found out they have a women's only mental health unit. They also have another co-Ed unit. The women's unit is small and safer to be in (less violence). They don't admit men. They don't allow men to work in the unit. All the doctors and staff in that unit are women. Maintenance men are allowed in on a scheduled basis when the women are at lunch. They eat lunch separately and go outside separately.

I applied to work on that specific unit and was denied because it is for just women only. My boss said it was because some of them women have been raped or involved in DV but men in the other unit have too and they aren't segregated from the wome apart from sleeping.

Is that discrimination? Excluding men solely based on that.

Answer: likely no, that will be a compelling reason to allow this. further, the unit may be housed there but technically a subsidiary (or the like), allowing that to be its actual mission.


Title: I just quit my job where I was classified as 1099 but I was clearly full-time. I was remote in a different state. Is it worth it to report to IRS or am I being petty?

Question:
Another post on here sparked my interest and honestly I wouldn't have even thought about this until I just realized I've been paying more in taxes than perhaps I should have.

Anyway, I'm a writer and I live in PA and for two years I worked for an agency in Florida remotely full-time. I was their Senior Writer and had a team under me that I was in charge of. I had set hours (although I worked 18 hour days), attended meetings regularly, had to request vacation time, and had all travel expenses reimbursed always.

I was on a 1099 and received a bi-weekly paycheck via PayPal with a set salary. I saved money for taxes last year and this year started paying quarterly. The pay was great but the work environment was toxic. If you need details I can provide but lots of yelling by the owner, a revolving door of employees. I survived so long only because I was remote. But even I quit a few times myself and was begged to come back.

This week was the final straw. I quit on the spot after another manic meltdown by the owner. I guess long story short now, is it worth telling the IRS I was misclassified as a contract employee? I know I'm still a bit emotional after this week so I don't want to do something just to be petty, but if I was paying more in taxes while he wasn't, well, then yeah that's not right.

Thanks for any advice.

TL;DR FT employee in PA worked for FL company remotely. Classified 1099. Just quit. Do I report to IRS?

Answer: You were definitely misclassified. Whether you report or not isn’t a matter of pettiness.


Title: No trespassing order (Florida)

Question: So recently my girlfriend and I got in trouble, I’m 17 and she’s 16. We would hangout at her moms boyfriend’s condo when they would go a date. She doesn’t care for my girlfriend or her two other kids, only buying them things to compensate for going out all the time and getting drunk. She started changing once she started she starting dating and officially get proposed to a man who is 23 years older than her, but that’s not the point. Anyways I would go over when her mom TEXTED MY GIRLFRIEND NOT ME “that I was not welcome” and I couldn’t go over. But her mom or her boyfriend never specified it to me directly I wasn’t allowed over. Fast forward after a month or two her mom checked her phone and she had videos of us hanging out at the condo and she flipped shit and said She wasn’t allowed to see me anymore. She took away all her belongs even to do homework. And her boyfriend filed a No trespassing order on me for both the Condo and the school she attends. I understand I’m not allowed to go to the condo, but can they really file a no trespassing order from my girlfriends school on me? I wouldn’t think they could because it’s not THIER private property? Help???

Answer: He wouldn't be able to file a no trespassing order for the school, but he can ask the school to do so, and they probably would.  Either way, if you've been served with a no trespassing order for ANY property, you need to stay the hell away.  It's time to move on from this girl.


Title: My GF was pretty stupid with her ex bf

Question:
So my girlfriend was pretty generous with her previous boyfriend, it was her first boyfriend. She gave him lots of money and now he owes her $6,000. He refuses to pay that back because she is not dating him. When they were living together but they had broken up, she told him that she was keeping the xbox because she bought it. He went on a tirade and hit her, stormed out of the apartment with the xbox and a knife. Since he had payed for half of the TV, he took it without telling her once he moved out. He has now blocked her, refuses to pay the money back or give the tv back. She is also the cosigner on his car that he is not paying for. She does not want to pay the car for him. What can she do?
Edit: I am in Washington

Answer:
 Did she give him the money?  Then it is his.

Did she lend him the money and have something to attest that it was a loan?  Then she sues him for the outstanding balance.

If she is attacked by someone, she files a police report.

She can't keep people's property ransom because she thinks she is owed money.  That is theft.

She can go and pick up the car and keep it if she is on the title.


Title: My roommate was contacted by a "detective" about sexting with a minor

Question:
Edit: I just want to say thank you to the people who responded so quickly to my post. I’ve sent screenshots of the comments to my roommate, and he seems to have calmed down. If anyone else has anything to say, please don’t be shy and I’ll show him the comments.

Hello r/legaladvice!

I'll begin by stating that all the information I have is second hand. My roommate didn't go into too many details as he was distraught when we spoke today. For context we live in Washington State, my roommate is male, and the other person is female. We have all been laid off so money is tight.

So. My roommate met someone on an online dating app. This person stated they were of age, in their late teens. My roommate is in his late 20s. They had been talking for 1-2 days, and apparently had sexted at some point.

My roommate told me he received a call from a "detective" (I don't know if this was a real detective or what since I wasn't listening to the call) from a police station in the city that the young person lives in. My roommate said this detective told him he was sexting with a minor, and wanted to get my roommate "in contact with the parents" for some reason. My roommate wasn't very detailed.

My roommate said he tried to contact the police station directly, but no one was picking up the call.

My questions for you lovely people are:

1.	Have any of you dealt with something like this? What possibly could my roommate expect to experience if this is a legit thing?
2.	Do you think this detective call was legitimate? Could this be some kind of scam?
3.	Does anyone know the laws regarding sexting with someone you think is a certain age but is actually a minor?
4.	How can my roommate gain further information? He is reasonably upset so he may not be thinking clearly. As far as I know he’s never had a problem with the law. I don’t know how to help him.

I did try to do some Googling for him, but I have a hard time understanding the legal jargon. Any advice, tips, or information would be so greatly appreciated.

Answer:
 This sounds like the beginning of a very common scam.  Next step is likely for the detective or parents to ask for an amount of money for therapy, or cancelling her cell phone, or to not prosecute him, or some such thing.

Your friend should stop speaking to anyone purporting to be law enforcement.Answer #2: This is 100% a scam.


Title: Got scammed $7000 by so called friend. Need help getting it back.

Question:
I'm new to posting so forgive me if I did this wrong but I posted in r/assistance and it was suggested I repost here as well for help.

So I met this guy through work, and one day me, him, and some other co-workers went out for breakfast. I hadn't hungout with him before but heard stories about how he was actually a millionaire, had recently moved to the state because his mom has cancer, and he was working just to meet people and not for the money. He kept this lie up throughout our whole friendship. He would post Facebook pictures, Instagram pictures, and post statuses about his lavish lifestyle. It all seemed real. One day he mentioned he needed someone to spend $10000 so that his company can reimburse them and write it off as a loss for company necessities, and thus avoid taxes. He asked if any of us had credit card bills to pay off. I didn't think much of it, but later that week he provided he his account information and paid off that credit card bill. In return, I provided him $5500 worth of gift cards which he would then reimburse me. He faked a phone call with his accountant saying the check would be sent to me and asking for my address and spelling of my name. I believed him. A couple of days later, the credit card payment bounced back after I made a second one from his account. His response was that my credit card company thought I had stolen his account information and had put a freeze on the payment. He said he authorized those payments and they should go through soon. Meanwhile, I am still waiting for that check. It kept not coming, and at that point I knew something was up. Yesterday I noticed that he liked my Facebook status and was no longer my Facebook friend. He had unfriended all of my co-workers as well. Talking to them, we realized we have no idea where he actually lives. I don't know what to do. I'm stuck with a huge credit card balance and no money to pay it off or pay rent. I was recently accepted to professional school and need to make a down payment to save my spot. Is there a case against him? I feel like I am at fault for handing him the money. I have texts and messages documenting that he was indicating he would pay me. Would this help at all?
Topic:
Douche

Answer:
 You can sue him. That's about it.

You might want to stop knowingly trying to defraud the government also. Answer #2: Here is my understanding of the situation:

What the con artist was asking you to do with the company reimbursement scheme was tax fraud and depending on the nature of the company, might count as defrauding investors as well. Fortunately, there never was a real fraud scheme, so OP can't be charged with anything. HOWEVER, the agreement you made with your friend was an illegal bargain and is not enforceable.

Because you agreed to commit an illegal activity, the court will see this situation as one where two con men walk into a room and one emerges a winner. The loser isn't going to jail, but he's not getting his money back either.

Source: I'm a tax accountant.


Title: [NYC] I got a seat belt ticket as a passenger and I have no drivers license.

Question:
The officer asked me for my license and when I told him I had none he stated and I quote, "We will issue you a license and when you retrieve it if you don't pay we will revoke it." The ticket even has the drivers license info field blank and the officer put my mother's car make, model, registration and plates. I do not own a car. I am 20 years old so I am not a minor.

My mother also got a ticket but she paid. She tried to pay mine as well but it wasn't in the system. I attempted to pay the ticket online but it did not show up. I setup the appeal with my mom (I've never done that before). When I went to appeal apparently the ticket was slapped with a $70 late fee. The judge denied my appeal and to pay the ticket and the late fee $200 total.

To be clear I was a passenger not the driver.

__EDIT: will be paying the ticket, thanks everyone! also I love that the upvote is a gavel. LOL__

Answer:
 Even if you don't have a driver's license, and have no wish to acquire one, you should still have gotten yourself a state ID for exactly this type of situation.  They're typically much cheaper, and they provide you with a photo ID that proves that you are who you say you are.Answer #2: That's pretty hardcore, even for New York City.

Usually the "Create a driver record, then suspend it" process is used when you commit a serious driving infraction like DUI that would itself lead to suspension of your license, but you do so in a State where you don't have a driver's license.

That State creates a Driver Record (more or less a license record) and then suspends it.   The suspension works its way through the inter-State driver's licensing databases, and your license gets suspended in your home State.

An adult passenger not wearing a seatbelt is a $50, no-license-points offense in New York.   That's about as far from a license-suspension offense as you can get.

If you've paid the ticket, I don't expect any further consequences.


Title: (PA) Totaled my motorcycle this weekend after hitting a pothole. Am I entitled to any payment for damages?

Question:
Sunday morning I was riding my motorcycle on a state highway in Pennsylvania when I hit a [pothole](http://i.imgur.com/48pvooN.jpg) going about 40 mph. Because of the shade and the fact that it is a busy stretch of highway, I did not see the pothole until the last possible second. The impact sent me flying from my motorcycle, causing me to lowside and hit the pavement. I was treated for minor injuries at a local emergency center.

Less than 2 hours after the accident, I returned to the scene to get better pictures of the pothole to find that it had already [been filled](http://i.imgur.com/83GXhk8.jpg). According to some of my friends from the area this pothole had been there for months, but was only filled once it caused an accident.

I'm still waiting on the final call from my claims adjuster, but his preliminary estimate put the bike at [a total loss](http://i.imgur.com/xIQ0at8.jpg). I do have full coverage, but the check they would cut me for a total loss would not even come close to the cost of a new motorcycle.

I tried opening a claim with PennDOT, but was told by the woman on the phone that "PennDOT has never paid for damages to rims or tires caused by a pothole" (which I question the legitimacy of because a friend of a friend claims to have been paid out for rim damage only weeks ago).

I'm not seeking a payout, just enough to cover the damages and costs for an accident that was deemed "caused by roadway conditions" in the police report. My question is since it seems insurance alone will not come close to covering all of the costs, am I entitled to any payment by the State of Pennsylvania for the damages to my motorcycle, my medical bills (ER visit and x-rays), my damaged safety riding gear, or any pain and emotional suffering?

Any advice on this would be much appreciated and I fully intend on seeking the advice of an attorney.

Answer:
 >but the check they would cut me for a total loss would not even come close to the cost of a new motorcycle.

You're not entitled to enough money to buy a new motorcycle.  You are entitled to be made whole -- enough money to buy the same make, model, year motorcycle with the same mileage.

Beyond that, I don't know PA's laws on potholes, sovereign immunity, or whether or not you are entitled to sue the state for any other damages.Answer #2: Fun fact...there's a specific law in this state that PennDOT and the state/municipal* governments aren't responsible for property damage resulting from potholes.

Medical bills you may be entitled to, but only up to $4,500.  You need to be able to show negligence on behalf of the state, which is going to require showing that they not only knew of the pothole, but neglected to repair it.

Pain and suffering is unlikely in these circumstances.  This is not the same as if another motorist hit you.  Even then, you would need Full Tort coverage in most cases, which is different from collision/comprehensive insurance for damage to the vehicle, to assert pain and suffering.

EDIT:  * As pointed out below, you can collect from a municipality if you hit a pothole that is on a municipality-owned street in PA.  However, doing so is amazingly difficult as you're required to prove notice.  Some municipalities will give you a payment if you report it.  Others will look to see if there was arguable notice made by a prior accident or report, then tell you to go pound sand assuming the damages will cost you less than an attorney.

As always, though, consult an attorney in your area.


Title: (Breach of Contract) Seller backing out a week before closing. [AZ]

Question:
Hey guys,

We are expected to close on the 11th of this month but the seller was recently let go at his position and now looking to keep the home.

Now this is terrible for that couple, but we are out the cost of inspection, appraisal, and the other homes we were interested in are either under contract or sold.

Now as housing pricing has increased it is making looking for a new backup home even more difficult.

I’m curious what options we have? Our realtor mentioned this is a clear breach on contract but lawyer fees might be more than any rewards we’d receive from a lawsuit.

I know we’ll get back our earnest money but are we entitled to anything else to help soften the blow?

Appreciate any help and guidance.

Answer:
 Talk to your realtor more about it and see if they can help. If not try contacting an attorney before you try a lawsuit.Answer #2: You can sue them for specific performance on the contract, but you aren’t going to win the house.  No judge is going to award someone a primary residence, unfortunately.  Suing them for specific performance will also keep you from looking for another house in the meantime and the lawsuit will take at least a year.

Was the contract contingent in any way on them buying a new property?  That will determine your next steps.

I would have your realtor let them know that you expect to be made whole and will sue them in small claims court for the actual money you have spent to buy their property.  You will not be able to recoup the difference in house values.


Title: [Massachusetts] School made a mistake on "standardized test" booklet and it has negatively affected my grade.

Question: [deleted]

Answer:
 > I've appealed the test due to an unfair disadvantage

What disadvantage? Was only your test this way? What were the instructions provided by the proctor?

>  file civil suite for a properly administered retake?

Yeah that's not going to happen.


Title: Super-inflated credit card charges while in Tokyo and unsuccessful fraud appeal to CC company.

Question:
I'm American but I was in Tokyo a few months ago.  While at one of the shady bars that rob foreigners, I bought some drinks.  However, upon looking at my CC transactions online the next day, my charges came out to be more than $5000 over what I ordered.  I filed a police report in Tokyo.  They absolutely refused to pursue criminal investigation, reasoning that because I was drinking and alone, I have no proof of my claims to having charged a lower amount.  I have no receipts.  "We can't press charges if you return to your country and the charges would have to be dropped."

I appealed the amount with my credit card company.  They froze the charges, conducted an 'investigation', but then several months later simply added the charges back to my account without ever having contacted me for info.  They mailed me a document with the results of their 'investigation'.  Basically all it said is 'charges valid'.  No explanation, no clarification or details.

*Edit: I pressed four people up to the highest manager my CC company would let me talk to.  It's "there's nothing we can do."  The CC carrier has receipts and drafts of the fake charges.  They told me that since I have no receipts of my own, I am unable to substantiate my appeal against the merchant.  So even though the amounts are completely wrong, it doesn't matter because I can't support this fact.  Once I authorized purchase of the amounts I agreed to (~$300), the merchant can charge any amount without consequence within the CC company's process.*

*These criminals understand the system in all its details and know exactly how to exploit it.  Since I gave them my actual signature once, they were able to reproduce it as needed on any amounts.*

*Anyway, CC company appeal process is done.  So it's legal action or nothing at this point.*

So... now what can I do?  $5000+ for a few drinks in a bar.  And no one in law enforcement, fraud detection, or evidently anywhere in the world sees a problem.  Can I get help with a lawyer?  If so, how?  I'm no longer in Tokyo.  This $5000 is in fact the last of my savings.

Answer: Roppongi. Not even once.


Title: My wife recently left me and I am afraid she will be able to do w/e she wants when it comes to custody.

Question:
My wife left me a couple days ago and i'm scared that she will just roll me over when it comes to this custody battle with our son.

I don't have the means of hiring an attorney (all the bills are in my name as is the apartment I was paying for.)

She has hired one and is talking to them now saying standard policy is I will get my son every other weekend, which just doesn't work for me.  I just need to find out if there is something i can do, short of taking this into a courtroom or actually hiring a lawyer to get more time with him.

Answer:
 Way more information is needed, for starters, what state?

How far away are you planning to live from each other?  How old is the kid?  Who has been the primary caretaker?  Do you both work?  Does one of you stay at home?

For the best chance of a good outcome, you really need an attorney.  Call around.  Find one willing to accept payments.  Sell things.  Borrow.  This is your kid; there should be no higher priority.  Once a plan is in place, changing it will be difficult.


Title: HELP!!! Fil in prison, refuses to sign house over to mil

Question:
Sorry for any formating/terrible story telling first time poster..
My father in law (FIL from now on) has gone to jail, he is facing multiple felony charges, federal charges & and many many more. My mother in law (MIL) has to pay 5 grand in back mortgage  because FIL is well a criminal who thinks he is invincible. We need to take him off of the mortgage and get rid of any ownership/ claim to the house, MIL and FIL have been divorced for 10 years and living sepratly, but they are both on the paperwork to the house..  part of the divorce agreement was that when their kids came of age (18) the house would be switched into their name after pay off. All three children are now of age but he took out a new loan a few years ago, we still owe 75,000.00 on the house. Also the house has been in Mils family for decades it was passed down over the years. Is their any way to push him off of the loan with him refusing to sign off? My mil can't refinance her credit took a hit when fil quit paying the mortgage, we are estimating he will be in prison for roughly 50 years which is basically a life sentence he is mid 50s. Please if there is anything we can do we will I wish husband and I could afford to just buy the place, we plan to rent it from mil but we don't want to run into any problems from fil claiming we are squatters or anything of the sort. HELP!!
Topic:
Real Estate law

Answer:
 Depending on what the agreement says, there's some possibility of a lawsuit to remove him from title...

But more importantly, that won't get rid of the mortgage. The bank can foreclose if it doesn't get paid.


Title: How do i get out of seeing my father. Tldr at bottom

Question:
         Every other weekend me and my two siblings (twins) go to my fathers house. Now keep in mind I'm 14 and the twins are 10. We all hate going there because he left our mom for this women. She has caused our family a lot of pain. For the first 7 months of the divorce he lied to us about who he was dating.

   There has been times where he has taken us back home to our moms, screamed at us, let his girlfriend call us pigs,and the girlfriend is always putting us down. After 1 month of know who his girlfriend was he decided to move in with her.

    The house is small. I share a room with my brother, my sister shares a room with a complete stranger to her (girlfriends youngest) and her oldest gets her own room.

    Me and my siblings are as said before put down,yelled at, and after we all get home our mom gets to hear us fight and cry about the weekend. This puts a toll on our mother.

But to the legal stuff. Me and my siblings want to not go there anymore. Whether its him out of our life completely or just a day we don't want to spend the weekend at his house. It feels like we live with strangers.

How do we go about not going to his house anymore.

Tl; dr:
Edgy teen wrote post about how his dad sucks and he has twin siblings how can he get out of seeing his dad every other weekend.

Topic:
Custody Divorce and Family

Answer:
 You have one thing working for you.  Idaho is a one party consent state so feel free for you and your siblings to record away.

Here is the sucky part.  At 14 there is precedent in Idaho for you to request custody change if your mother can get you in front of a judge.  However your siblings probably won’t be able to do the same.

Also, having the house be small may be an issue for you, but it might backfire with a judge.  Many people have shared small rooms.  If it’s a closet then you might have some leeway or under 100 sqft.  Being concerned that your sister is forced to share with a potentially hostile stranger is a concern.Answer #2: Your mom needs to talk to a lawyer to revise the custody agreement.  Usually, but not always, judges will listen to what teenagers want. Answer #3: Box 1
>Every other weekend me and my two siblings (twins) go to my fathers house. Now keep in mind I'm 14 and the twins are 10. We all hate going there because he left our mom for this women. She has caused our family a lot of pain. For the first 7 months of the divorce he lied to us about who he was dating.

 Box 2

>>The house is small. I share a room with my brother, my sister shares a room with a complete stranger to her (girlfriends youngest) and her oldest gets her own room.

>>Me and my siblings are as said before put down,yelled at, and after we all get home our mom gets to hear us fight and cry about the weekend. This puts a toll on our mother.


Title: Medical malpractice because of negligence?

Question: I had a doctor's appointment on Wednesday and I found out that I have anemia. I wasn't aware of it until I looked at a page they printed out for me that stated all my problems. I was diagnosed with anemia back in July but the doctor never mentioned it to me or gave me medicine for it. The only way I even knew was because I saw it on the paper the gave me on Wednesday. Am I able to sue my doctor for not telling me I have anemia? I have been having a headache for 7 days now and I sleep a lot, I'm thinking it is because of the anemia. Please help me. I live in California. Thank you!

Answer:
 Medical malpractice is very fact specific and it is unfortunately beyond the scope of this subreddit. It is highly recommend to speak with a medical malpractice attorney; your state's bar may be able to refer you to one. They typically work on contingency, meaning there is little up front cost to you. Similarly, consultations are typically free. It wouldn't hurt to meet with one, have them look over your info, and go from there.

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


Title: Real Estate - House size came back larger than advertised

Question:
California.  We are in the process of closing on a house. The house was on the MLS as 1500 Sq ft in size. When the appraisal came back, it noted the house was 1650 Sq ft. It's not a huge difference, but in a high demand area, where houses are generally priced per Sq ft, it is significant.  We are paying roughly $400/ft, and the comps of recent sales nearby (on the appraisal) notes averages between $390-430/ft sales.

Based on this report, and that my real estate agent has it now, do they have a duty to report the difference in size? I'd really not want the sellers coming back asking for another $50-60K, I would have to pass on this house.

Answer:
 Home sale contracts are written with total price.  If they get the square footage wrong, it really doesn't matter, at least for under reporting.

Most likely they used a different method to calculate the area.  They probably measured each room and totaled it up, instead of the proper method of measuring between the inside of the outside walls.


Title: I was fired from my job, was granted unemployment, and also won when the company tried to appeal. Wondering if I should take this farther…

Question:
Throwaway account because I think an old coworker may have known username.

I feel like there is a lot to this story, but I'll try and explain it all as simply as I can, and if you have any questions please ask. I don't know that I really want to get involved in a lawsuit (if I have a legitimate case), but many people (no one with law experience) keep telling me I may have a wrongful termination case.

I worked for a rental car company and was the branch manager. I was gone for a week on vacation, and during that week a "secret shopper" (with a hidden camera) came into my
office. The employee who dealt with the SS basically committed what the company would call fraudulent sales. Instead of offering the rental at, let's say, $30 and then offering the Damage waiver for an additional price, he just charged the customer $30 and included the DW in that price, giving himself credit for a sale he didn't earn.

When I get back from vacation, both employees that worked at the office (the one who worked with the secret shopper and one other) had been suspended. My boss basically said they were suspended until his boss and HR determined if one or both would be let go, with a small chance of me being fired as well. The reason both were at risk was because after the secret shopper incident, research was done and it was found both of them had fraudulent sales in the past, but it was explicitly said I had no record of doing that (because I never did).

My boss received a call from his boss to let
him know what they decided. When my boss hung up he gave a look at me, that I could tell I was the one being fired. He didn't say anything, and I said "is that it for me?" He said yes. At that time he said he didn't know what they decided for the other two employees, but eventually I learned neither of them were fired (not even the guy who committed the fraud to the secret shopper on camera).

I was never really directly told the reason I was fired, mostly figuring it was because of the action of employees I was responsible for. For what it's worth, both of the other employees were considered close to "management ready", as neither were new to the company (both had been employeed at least a year and a half, it's not like they had been recently trained.)

I filed for unemployment, and was granted it as the unemployed office employee who determined it basically said I didn't do anything wrong.

The company eventually appealed the decision, and we had a telephone trial. The company was trying to say I was fired for misconduct. When the company was telling there side, their story was completely wrong. They tried saying that I had talked on the phone to the secret shopper before I went on vacation and committed the fraud myself, and that when the secret shopper came in, the employee just printed up the contract and gave it to him. I think the employee speaking at the trial must have just been confused because that is not close to what happened and they should have video evidence to prove it. The judge didn't really give me a chance to say much, but I feel like that may have been because he heard what he needed to hear and knew their story didn't add up.

So, I'm not sure if there is more of a case there, or if I should just be happy that I am getting unemployment  at all, because it was something that employees I was responsible for did. I guess I don't really know if that is considered a fireable offense, especially when neither of them were let
go.

Also, I have been having trouble even getting a call back for an interview, despite a good resume and a lot of success at that company. Whenever asked the reason I left that company I usually say something like "willing to discuss" or if they asked if I have been fired in the past I have said yet. My wife was tried telling me I should not disclose that information because the new companies could not find out anyways, but I don't think that's accurate and don't want it to cause trouble for myself later if I were hired and then they found out.

Sorry for such a long post, but I really do appreciate any help, and please let me know if you have other questions.

Edit: forgot to mention I'm in Illinois.

Answer:
 Just because you have a valid unemployment claim does not mean you were illegally terminated. Answer #2: Please remove the name of the company.

You won the appeal. It's over. File your certifications and keep looking for a new job. Document your job search activities because they can ask for them.

As to applications you put in, yes you could be fired for lying but you could be fired for wearing a red shirt on a Tuesday or being a huge Vince Vaughn fan.Answer #3: I'm not a lawyer, but have worked in HR. Companies tend to be swamped with resumes and are are looking for ways to winnow the pile. Anyone who's been fired is usually a tossed resume. Here's what I've seen some people do: They come up with a vague reason for leaving; their goal is to get to the interview and impress the interviewer. They sometimes have a friend or someone (companies sometimes do this for $$) call the old company about potentially hiring the person to find out what the company will say. (I don't know the legalities of this, but it seems like you should have the right to know what a company is saying about you.) Some companies do not say the person has been fired for liability reasons. Others do. It helps to know what they'd say. Also, get the names of people you know will support you (and go over what they'll say), and provide them as references.Answer #4: Companies can generally fire you for whatever they want, you don't have a case for wrongful termination here. Just take the unemployment and run.


Title: [IL] Being sued for unknown debt from 2008, no contract. Need advice on how to proceed.

Question:
[IL] Being sued for "debt" from 2008
I am reposting this to provide with more context in the title. Sorry, I'm new to reddit.

Hi,
I’m looking for some advice on a lawsuit against myself. I had hired an attorney that represented me in 2007/2008 and paid him as I was told during the case, but after everything was over he sent me an invoice with something we never agreed upon. After receiving this invoice in 2008 I went in and talked to him and told him I didn’t agree with this invoice, long story short he just kept sending me invoices. Earlier last Month I received a letter from a collection agency saying I owed the money. I disputed and told him that the attorney was paid as agreed verbally during representation.  We never had a written contract and paid him mostly in cash as he requested during representation. So, as of last week I started receiving letters from other attorneys telling that a lawsuit has been filed against me.  I’m guessing at this point I need to hire an attorney and have an appointment later this week, but I don’t see how he would have a case with no contract.  Plus I’m not sure if I’m even looking at the correct attorney to use as they are bankruptcy attorneys. Any advice would be gratefully appreciated.  Below is the last response I received from the collection attorney.

“ It is my understanding at this time that there was no signed written contract, therefore, we cannot provide you with a copy of the same as requested. However, creditor mat be entitled to recovery under legal theories such as unjust enrichment/quantum meruit, oral contract, and/or account stated.”

Answer:
 In Illinois oral contracts have a 5 year limit.

 Written instruments have a 10-year limitations period while oral contact actions are limited to five years (735 ILCS 5/13-206) and (735 ILCS 5/13-205).


Title: My mother signed a lease for a room for me (California) in the morning. Later in the day, the landlord texts me saying he wants to call the lease off. No money has been exchanged and the room has not yet been moved into. Do I have any legal recourse?

Question:
This morning my mom signed a lease for me (I'm a college student with insufficient income) for a townhouse master bedroom to be occupied by me during my last semester of college this upcoming fall. It was a huge sigh of relief to get this done, because for the last few weeks we've been on a fruitless housing search for a short-term lease for me (4 months) on a single room near campus in a market saturated with long-term-onlys.

Later that same evening though, hours after the paperwork had been all sorted out, the landlord texts me a string of very angry, aggressive messages wanting to call the lease off. AFTER WE'D SIGNED IT. Essentially, he was retroactively angry at the way my mother had tried to negotiate terms with him earlier that morning before the signing. Now, I was in the room for the entirety of this earlier conversation between my mom and him, and I can honestly say that she wasn't being unreasonable or pushy with him AT ALL--during this final run-through of the house, she merely asked him (very politely) if he would fulfill some very basic landlord requests:

1) To shampoo the questionably clean carpet before my move-in (denied)
2) To clean the bathroom (evaded answer)
3) To remove a bunch of non-furniture crap out of the room that shouldn't have been there in the first place--bulky antiques, a big printer, old toiletries in the cupboards, dirty clothes and blankets sitting in the closet, etc. (He told us he refused to move these things himself but he said I was more than free to move this stuff to the garage myself upon moving in)
4) To transfer the unwanted furniture in the room to the garage (Denied, though he said I could move whatever furniture I wanted into the walk-in closet attached to the bedroom)

After the back and forth volleying, the landlord, my mom, and I amicably reached an agreement about the terms of the living arrangement: absolutely no cleaning is required of my landlord, and I am allowed to move (but not discard) any non-furniture items to the garage, while the furniture items (nightstands, dressers, bookshelves) must stay within the bounds of the room (this includes the walk-in closet.)

Not a perfect agreement, but whatever. I'll take it. At this point, we just want to get this done and over with. So my mom and him sign the lease. Handshakes and big, sunny smiles are exchanged between all of us. SERIOUS schmoozing is taking place in celebration. The landlord is super friendly with us and we stick around and chat with him like we're all old pals before my mom and I drive off feeling relieved about the close.

Cut to later that night. This is the text I receive: "The deal is off. You and your parents are way too much DRAMA for anyone to do business with. You lied in your email to get me to offer you the room and used your mother to try to change the offer you made me last night. It's a despicable way and shows no respect. I ripped up your mothers check and I want my key back ASAP."

Now to address the supposed "lying" I did in the email he's talking about here--I sent him an email the night before this morning's meeting, addressing some questions he had for me. The only guarantee slash offer I EVER made him in this email is that I wouldn't move the queen sized bed from the room. That was it. During my first meet with the landlord, he was super adamant about the bed staying exactly where it was and I happily agreed to not move it--so this grievance voiced here isn't even relevant because his terms are already being met. NO MENTION was made AT ALL in that email of any kind of cleaning terms OR of what would be done with the non-bed items in the room--that part of the negotiation was brand new. So the fact that he's calling me a liar and accusing me of being deceitful is really fucked up. (ESPECIALLY because in his Craigslist ad of the room he advertised the room as "furnished or unfurnished," effectively making HIM the liar here.)

Now he wants to cancel the lease and is demanding for me to bring him back his key. I will happily do both eventually because I do not want to live under somebody this capricious. (Furthermore, he's racist as fuck. While he and my mom were negotiating in person he straight up said at one point (half jokingly, I think?): "Ugh, Vietnamese people are always so demanding. You also always think everyone's out to take advantage of you" First of all--no. Second of all--we're fucking Chinese. But out of desperation, we ignored this red flag. But we also made the mistake of ignoring red flag #2 that came MINUTES later when he told us point blank that he never rents out to Persians because he doesn't want anyone who "even remotely smells of ISIS." Fucking terrible I know, but I assumed he was just one of those bigots who said awful things but was essentially harmless. There was also just something slightly manic and "off" about his personality general, but I chalked it up more so to him being quirky than unstable.)

So my question is--do I have any legal recourse here? My mom wrote him a check (that she canceled earlier tonight) paying for all 4 months + a security deposit UP FRONT (~$5000). He claimed to have ripped this up but I'm not sure if he did. Regardless, no money has been exchanged. And I have not yet moved in. Is there any action I can take against him? Does his signature on the lease count for anything at all? Should I withhold the key from him until he provides me proof that he destroyed the check?

And if there IS something I can legally do, should I even take action against him? He seems kind of mentally unstable and he DID mention during our walk-through that he carries guns on him for safety. Because of the lease and application, he has my current address and my parents' current address as well and I obviously don't want to endanger us in any way.

Any advice whatsoever on how to move forward would be greatly appreciated.

EDIT: Thanks for all the helpful advice, everyone. I found a new apartment and would now just like to tie up loose ends (void the lease + get back the check + return his key) with this guy and leave it at that. However, he isn't responding to any of my calls/texts to meet. What can I do?

Answer:
 Tell him you will exchange the key for the check.

Technically, you could probably fight him to make him rent to you, but it sounds like you don't even want that anyway.Answer #2: This is a no-brainer.  Nutjob landlord is offering you a free out of a lease, take it. Why would you move in knowing the LL is a nut, and that you'll probably have much more drama to deal with in the future.


Title: US: co-tenant involved in activities that I want to report to police.

Question:
I've contacted two landlord/tenant attorneys who didn't want to help me. They just said go to the police.

I'm in a lease and my roommate is manufacturing a schedule 1 drug. I want to report him to the police, but the property manager could evict all of us. Is there a way I can report him but not have the eviction on my record?

Answer:
 I think your biggest concern here should be avoiding any blowback from the criminal case. You want to do the right thing; you're the good guy. Yet, you live with this drug manufacturer. There's a risk of law enforcement misinterpreting the situation, even if you're the one making the report.

Consider looking for a criminal attorney instead of a landlord-tenant attorney. Bring that attorney with you to the law enforcement office when you make your report. Having an attorney with you legitimizes you. It can improve the way law enforcement perceives your role in the situation.

As to the lease: There's a good chance the landlord will want both of you out. If, after making your police report, you offer to end the lease, the landlord is likely to accept. What the landlord wants is for you to leave; a formal eviction is just a means to that end. But talk to your lawyer about it before you talk to your landlord.


Title: Texas - Driver who hit me canceled insurance on the same day. Advice?

Question:
I was driving on a residential road and a driver pulled out and hit my car. At the time, the driver had insurance but when I later called the insurance company, they stated that the policy was canceled shortly after the time the accident took place.

Is there any legal recourse for this? Their insurance company says they can't do anything about a claim being canceled the same day as an accident.

Answer:
 If it was cancelled *after* the time of the accident, then wasn't he still covered at the time of the accident?

Or was it retroactively cancelled to midnight the night before maybe?


Title: Can my gf take my daughter away from me?

Question: This is just scepticism so far, but i have a gf and we are in the midst of splitting up, and we were planning on taking a vacation to her home country, he Philippines, before things changed. We are not married but i did get her an engagement ring and we have a child with both of our names on her birth certificate. She hasnt threatened to do this so far but she has threatened it while she was pregnant in argumeny before. Is there any way i can prevent this?

Answer: The child would need a passport to leave the US, and to get a passport in the US, both parents need to sign off on the application, assuming it's done legally.


Title: PCP said he wasn’t allowed to give me a referral and to stay out of ER-I end up hospitalized a few days later

Question:
[removed]
Topic:
Medicine and Malpractice

Answer: I don't know where the malpractice bot is but malpractice is super specific and no one here can answer. Many malpractice lawyers will offer no fee consults--best bet is to reach out to one and provide them with all the details you have.Answer #2: IANAL. How were you damaged by this brief delay? PTSD is unlikely to qualify but you could talk to a medmal lawyer.


Title: MA DOR garnishing wages on a child that isn't his.

Question:
This is a close friend who isn't on Reddit. I agreed to post his story and hopefully someone can point us in a direction. (He has agreed to meet an Atty, we would just like to be prepared.)
We live in MA. The long and short of it is this; MA Dept of Revenue is garnishing his wages to pay for child support on a child that isn't his. He did sign the birth certificate for this child (dumb, I know, but at the time he had no reason to think the child wasn't his.)
The mom has absconded to Washington state without his permission. But $$ is still coming out of his paycheck every week. My question is two fold; 1.) Can we compel a DNA test to prove the child is not his and 2.) Can we do this given the mom and child are now clear across the country?
Any help is appreciated. I'm also posting from my phone, so, apologies on formatting.

Answer:
 He signed the birth cert so yes it is his child.

Yes you can file in court for a DNA test but he may still be on the hook for support since he willingly claimed the child. So until the bio father is found, he is the fatherAnswer #2: >He did sign the birth certificate for this child

So it's his child. If you're having a kid with someone you aren't married to, you need to have a DNA test at the time of birth and certainly before the certificate is signed.

The mom didn't "abscond," she moved and she didn't need his permission.

(1) Absolutely and he should be filing a petition with a court beyond ASAP to contest paternity.

(2) Yes.

How old is the child right now?

Answer #3: Even if he is not biologically the father, signing the birth certificate makes him the legal father. He will be on the hook for child support for this child.


Title: Job promised bonuses for working new years and it new years eve

Question: So my supervisor and lead both told our entire shift, That working new years and or new Year's Eve would get you a 200$ bonus per day. I was one of two people to work both and was told my supervisor boss said no to the 2nd bonus. Can i fight this? Oregon

Answer: Do you have this in writing?  If you make a big stink about it you may get fired. You can then sue, but good luck proving it if it wasn't in writing or getting any current employees to testify.


Title: Can I hit a sculpture of an elected figure with a baseball bat [PA]

Question:
[removed]
Topic:
Troll Post

Answer:
 If you own it, and you have permission to be in that property, go for it.

If you don't have both of those, then no.


Title: Best Buy mess up

Question: So my buddy order a MacBook for pick up at a local Best Buy. He paid for the laptop and everything. He went and picked it up no problem, he even has an email receipt. The funds were removed from his account. A couple days go by and he notices that Best Buy had issued the funds back in his account. He didn’t know what to do, so he called Best Buy and they told him to order another one online. But he didn’t because he already paid for it and the messed up and gave the money back. Jump to today and Best Buy called his wife and told her she needs to come in and pay for it, she said she is not going out because of Rona and being pregnant. They told her that they will send someone to the house the collect the money and if you don’t pay they will call the police. What can my buddy do? Should he just pay them again. Thanks.

Answer: I find it odd best buy makes house calls to collect money.  That sounds really odd.


Title: I live and lived in Florida. I got a collection letter from an old apartment complex I used to rent in.

Question: 3 years ago I left my apartment clean and followed the rules when I bought my house.  Two months after I left I received a notice that there was 1600 dollars damage.  I had done a walk thru with management and had it signed by management that everything was ok.   I had an old family friend who was a lawyer right a pound sand letter and he attached a copy of the walk thru letter.   Now three years later I get a letter in the mail from them saying that I owe them the 1600  bucks but they will take 400 if I write them a check now.  My lawyer friend has died in the interim.  Should I send them a copy of everything I sent them 3 years ago or will that reset the clock.  My gut tells me to ignore the letter and see what happens but just want to hear some other ideas.

Answer:
 What specific damage did they claim you caused that they didn't detect during the walk through? The walk through isn't necessarily definitive if you covered up some kind of damage. If you caused the damage they had to repair, then you're responsible for it. If it's normal wear and tear, that's another matter.

What you really need at this point is details of what specifically was repaired, how much it cost to repair it, and their reasoning as to why they believe you were the party responsible for the damage. When you're asking them for this, you'll explicitly assert that you're not responsible, and are not taking responsibility without proof that you are responsible (citing the evidence that you've got so far). This should ensure that there's no "reset clock".

Likely, they're still within the limitations of any debt you may owe (Florida is at least 5 years, but can be longer in some cases). They've still got at least two years to sue you over the debt.


Title: I live in New York. My Girlfriend married a mutual foreign friend in Texas to help him get his green card and didn't tell me for four months.

Question:
Last December, my ex-girlfriend mentioned during a phone conversation that our mutual foreign friend had approached her after work and asked if she would consider helping him obtain his green card. She explained then that he had offered her a certain amount of money in exchange for the help. We were in a long distance relationship as I'm in grad school in another state and she had remained behind, but we had planned for her to move to New York after her lease was up back Texas . Of course, after hearing about this offer I immediately warned her of the legal risks involved and strongly advised against it.  I was firm in my stance that while James was a mutual friend of ours, helping him in this way was out of the question. Anyways, we left the conversation at that. She wasn't going to do it and the topic never came up again.

She finally confessed via text last week that she went through the marriage and accepted the money.  A Justice of the Peace oversaw the marriage. I don't know who signed off on it or the date.  I haven't spoken to her since her confession. I feel like I should find a lawyer in case my role or knowledge of their fraudulent marriage comes into question from USCIS.

 Is this a valid concern?

What would be the cost of seeking legal advice?

What type of law does this situation fall under?

 Should I seek a lawyer in New York or Texas?

Am I an accessory to this offense? How can I report it to the USCIS?

Thank You.

Answer: Not your circus. Not your monkeys.Answer #2: You won't be a witness unless your ex wanted you to be one. You don't need a lawer. Unless you are looking for some kind of revenge, walk away and cut contact. Answer #3: OP not your bag. Usually only parties directly responsible for the marriage are held accountable for immigration fraud. You offered no "overt assistance" in carrying out the fraud. You cannot be compelled to report a crime in the US unless it's in very specific cases (child abuse, etc.) so you're in the clear as long as you shut up and don't say anything to anyone else about it.


Title: [Colorado] My boss just told me I'm fired for taking to many days off sick. Please Help.

Question:
I just started a new job about three weeks ago in tax law. I got hired in the customer acquisition side (cold calling business with IRS liens) Things have been going really well and my boss told me I was doing great for a new guy.
This past Monday I show up at work on time and realize I have a really bad cold. I ask my boss if I can leave and he says that's fine. I go to the doctor and she gives me two prescriptions. I didn't get a note from her because I didn't think I needed one.
I call in sick on Tuesday as well, left a voicemail on my bosses line. I come back to work on Wednesday, boss asks if I'm feeling better and I say I'm well enough to work. I go to work on Thursday and start feeling like shit again. Halfway through our lunch break I tell the HR manager I'm too sick to work.He says no problem and we'll see you when you are well again.
I call in this morning to tell my boss I'm too sick to work still and he says I'm fired. I told him my doctor gave me two prescriptions on Monday and I can easily get a note. He says it doesn't matter and he's letting me go. I'm going to the doctor right now to get a note anyways. What can I do? I really loved this job until this morning.

Answer:
 You've only worked there for 3 weeks. Read the company policy for sick time/paid time off, but most companies are going to give you only what they are required to. Some companies give you two or three weeks worth right at your hire date and then give you more every year on the year. Other companies will let you earn it over time. Like every week you get 2 hours of PTO and 1 hour of sick.

Check to see which type of sick policy they have. But if you're calling out sick and have neither PTO or sick time, then they can legally fire you.


Title: Driving with suspended license and expired tags.. Court case coming up (Florida)

Question:
I previously got 2 tickets for driving with expired tags on my car. I am a broke college student, I support myself and don't get any help from family or friends. Right now my job has me working very few hours and i haven't been able to pay the tickets. Because of this my license was suspended. I got pulled over again, for having expired tags, and the cop gave me another ticket for driving with expired tags and for driving with a suspense license with knowledge. I wasn't completely aware my license was suspended, I knew it was a consequence for not paying my tickets but I didn't know it was suspended at the time I got pulled over. So now I have a court date at the end of this month and I have no idea where to begin with this. I have never been in trouble with the law before, and I know that I am ignorant and should have just paid my damn tickets but I seriously did not have the extra income to do so. And I had to keep driving to get to work in order to pay my bills. My questions are

What should I expect at my court case?

Do I need a lawyer? Should I seek out a public defender now or will I have the option to do so at my court case?

Should I expect jail time? I know that is a consequence of driving with a suspended license but I'm praying it won't happen..

Am I expected to pay anything at the time of my court case?

Thank you in advance for any help you can offer.. I feel like an idiot for getting myself in this situation.

Answer: you should expect a long term DL loss, fines, fees, possibly more depending on the judge. an attorney may be able to mitigate, may not - there's really no good defense to your own ignorance. quite likely you will be expected to pay something then.


Title: Got fired. Was it legal?

Question:
I worked as a chef in Colorado at a resort. I was recently terminated for not adhering to the dress code. I have dreadlocks. I had dreadlocks when i got the job and had worked there for over a month. They lied to cover their ass saying i never went to HR which was the first place i stopped. Also i wear a chef hat at work that completely holds and conceals my dreads so they are not even visible while working.
So is that legal for a company to do?
What if I was rasta?
I don't want a lawsuit. I just want my job back.
Thanks

Answer:
 > What if I was rasta?

Well, *are* you?


Title: I'm a minor that just got arrested for shoplifting, can anyone answer some of my questions?

Question:
This may be a little long, but I'll summarize the questions at the bottom if you want to skip this.

So tonight I may have fucked up big time Reddit, I've been a long time lurker and didn't know where else to turn, so hopefully at least one of you guys could help me out or give me some tips.

So, I got off work tonight around 9, and went over to Target. I don't ever steal, but for some reason tonight I decided to. I walked over to the electronics section and took a phone charger and phone brick. I was on the way out of the store when I was confronted by a Target employee and the Assets Protection cop. They asked me for the items back and I immediately complied. They took me in the back and questioned me. I complied and i was respectful the whole time. The total amount was $64.74 that I attempted to take. They had me sign two different papers, one saying I understood I was banned from Target for a year, another saying that I admitted to taking both of the items. They didn't give me much of a choice about signing either, and I wasn't about to question them. They called the local police who showed up later. They wrote some papers up in another room, and came out to talk to me. They talked about how I could change and that only I could determine how I change my future. So after, they took me outside and talked to me for a bit, and it seemed like they were being nice with me. They let me go with a citation and a court date. Now, for the situation. I'm 16, this is my first time getting charged with this or anything else. I live in South Carolina, if that helps any. So basically my questions are:

1. What should I do between now and the court date? The court date is set for March 3rd
2. What is most likely going to be the outcome of this whole situation for me?
3. Am I able to go by myself to the court date and pay the fine, or am I required to have a parent due to being a minor?
4. Not as relevant and not really a needed question but, how should I go about telling my mom about this? I got in trouble about 7 months ago for taking some money from her, and her big pet peeve is stealing. How should I break it to her?

Thanks Reddit, if anyone could help me out or at least comfort me with some information that would be great. Stay great.
Topic:
Criminal Law

Answer:
 Compare:
> **I don't ever steal**, but for some reason tonight I decided to.

...with:
>... how should I go about telling my mom about this? I got in trouble about 7 months ago **for taking some money from her**, and her big pet peeve is stealing.

OP, I don't really have any solid legal advice for you - just some general advice. First, unqualified statements, like "*I don't ever steal*", are very rarely true, and are a cross-examination goldmine for any attorney with half a brain.
Second, you're a minor, and these sorts of things may not irrevocably screw up your life... But I really have no idea how minors are dealt with in South Carolina.
Answer #2: No one is ever a criminal until they commit the act.

> What should I do between now and the court date? The court date is set for March 3rd

Save your money. Reevaluate your life choices.

> What is most likely going to be the outcome of this whole situation for me?

We have no idea. That's up to the judge or prosecutor. You'll most likely be getting a letter from Target with a civil demand. This is why you save your money.

> Am I able to go by myself to the court date and pay the fine, or am I required to have a parent due to being a minor?

Won't matter, she'll see the mail soon.

> Not as relevant and not really a needed question but, how should I go about telling my mom about this? I got in trouble about 7 months ago for taking some money from her, and her big pet peeve is stealing. How should I break it to her?

We have no idea. Try cake. Moms love cake.


Title: My GF needs me to co-sign for an apartment. Can I make her sign a contract that says her pay check goes to me while in the lease together? (TX)

Answer:
 Sure but it is not something that can be upheld in court.

You are signing that if she doesn't pay, you are 100% responsible to pay. Even if you break up. Even if it isn't fair.


Title: Daughter bitten by neighbor's dog. Neighbor wants me to work through everything with her insurance rep. Should I still get a personal injury lawyer?

Question:
Original thread here: https://www.reddit.com/r/legaladvice/comments/6072s7/daughter_7_bitten_by_neighbors_dog_in_texas/

Short story is, my neighbor's pit bull bit my 7-year-old daughter (her face and hand) and we spent a day in the ER. Lots of stitches but hopefully no serious damage. I'm in Texas btw.

I already consulted a lawyer and feel comfortable with him. I have a rep agreement sitting in my email inbox.

But I just got a text from my neighbor that she spoke with her insurance rep and they want to "make things right" including "current and future medical bills". I'd still rather get a lawyer, I guess I'm looking for validation from you guys that I should proceed... Thanks in advance.

Answer: Get a lawyer. Otherwise your neighbor is represented and you are not. You have no idea what further complications might come up. They want to settle and not be responsible for them.


Title: Can I keep the Kilimanjaro Magnus multi-tool inside my car dash compartment while driving in NYC? It is a multi-tool, not a knife, as listed on the site.

Question: [deleted]

Answer: A knife is a knife, I can call it a spoon but it's still a knife. some basic info can be found right [here](http://www.knifeup.com/new-york-city-nyc-knife-laws/).


Title: Inheritance trustee stole our money. Please help us. [Georgia/Texas]

Question:
Good morning, /r/legaladvice. I need your help. This post may be lengthy and I'm on mobile so please bear with me.

Last year on his 35th birthday, my fiancé, David, was supposed to receive the last installment of a settlement his late aunt left him. He had received one at 25 and the second at age 30. The aunt's son, Harry, was the money's trustee.

EDIT: We contacted Harry in 2012 to see if we could withdraw the funds earlier than David's 35th but Harry told us he wasn't in a position to do that. So we said "ok" and went on with our lives.

When David's 35th birthday rolled around, we were expecting a check in the mail like we'd gotten the last two installments. After about a month, we decided to contact Harry because the check hadn't arrived.

It turns out Harry had withdrawn the remaining money (about $25k) a few years prior and spent it. All of it.

We had Harry sent us all of the paperwork he's obtained from the bank and it looks like he was scheduled to start paying the money back immediately but he never did. So now the account is empty and there's nothing for us.

We're in Texas and Harry and the trust are in Georgia.

At this point it's been almost a year since David's 35th birthday and we've gotten nowhere. We've contacted several lawyers in Georgia per the advice of a Texas lawyer we contacted but none have returned or calls or made any attempt to help. I feel so hopeless with all of this. David is a procrastinator and is just ignoring this problem and hoping it resolves itself. It's obviously not going to. We're financially hurting and this would help us out immensely.

Harry told us last June that he was awaiting a trial for disability payments and said he would use this money to pay us back. In April we received a letter from Harry that appears to be from his attorney saying that he's still awaiting trial for disability payments (including backpay for the past year or so) because there's a case backlog..

So, /r/legaladvice, I need your help. What can we do to obtain the money we are owed? I'm not really sure what all information I need to include here but please feel free to ask any questions! I'll be adding in edits as I get more info from my fiancé about the specifics. Thank you in advance for your time.

Edit: I found that there is a promissory note that says "Principle and interest due in one lump sum payment on June 29,2014 in the amount of $28,600. We have all correspondence with Harry in email.

Edit: Thank you all for your help. I finally found an attorney that has agreed to take a look at everything. Fingers crossed!

Answer:
 Unfortunately, your Texas attorney was spot on. You need a Trust and Estates attorney and you need one FAST. It sounds like the Trustee breached his duties, and is personally liable to your husband. However, the clock is ticking and the case should be brought soon. I do not know the statute of limitations on trust actions in Georgia, but I imagine it is getting close.

Find an attorney, now.


Title: (Scott County, MS) Police offers raided a family members house and found 36 grams of marijuana. They took her car which had no connection to the crimes and are using it against her to try and get her to set someone up.

Question:
I assume they would try to say she was using it for drug trafficking even though the car was clean. I just want to know what are her chances for getting it back? Her bail bondsman said the system is broke there and they'll take anything they can. Theyd even use it as a city car with the county name on the side. They even insinuated that if she fought for her car and didn't cooperate they'd add charges and make her case harder. When they had her outside with the car they were fighting over who's gonna take it for a joy ride and rag it out. If it was an old car it wouldn't be worth fighting for but it's a newer challenger she purchased legitimately with insurance money
Topic:
Searches and Seizures

Answer:
 Welcome to the world of civil forfeiture.  Fortunately for you, Mississippi passed a new law in 2017 that went into effect this year, which requires the government to prove in civil court that the car was related to the drug offense in order to keep it.  However, some law enforcement agencies have not gotten the memo, so your sister may need to pursue it.

She needs a lawyer for the drug charges anyway, so try to shop for one who can deal with the civil forfeiture at the same time.Answer #2: She should not participate in a sting operation. Many people have died while co-operating with police in an undercover operation. She needs to get a lawyer and stop talking to the police. If she can't afford one, she should ask for a public defender.


Title: He said she said case (Ohio, Cincinnati area)

Question:
[removed]
Topic:
School Related Issues

Answer:
 >was this legal?

To investigate a sexual harassment complaint?  Yes.

>Did this violate his right to be innocent until proven guilty?

No, he was not in a criminal trial.

>Did this break any other rights?

Not that I am aware of.


Title: How long do I have to pick up my last paycheck?

Question:
WA - Hi r/legaladvice I recently quit one of my two jobs due to personal reasons. I know it may seem like a dumb question but how long do I have to pick up my final paycheck? It's been about 10 days now since I've been able to get it but I haven't had the time because I work at my other job while my old one is open. Will my old employer hold my check until I can pick it up?
Topic:
Employment Law

Answer: Ask them to mail it to you.


Title: There is a women who lives across from Joint Base Lewis McCord in DuPont Washington with a device that can control my thoughts?

Question: [removed]

Answer: Seek psychiatric assistance for your schizophrenia


Title: [Kentucky] Girlfriends roommate trying to claim "abandoned property"

Question: Recently in April my girlfriend had a falling out with her roommate over some money she supposedly owes her. My girlfriend moved in with me and filled out a change of address form so she could still get her mail and I lived in a city an hour away. She has still paid her rent every month for this other apartment and her name is on the lease. We were getting prepared to go and get my girlfriends furniture and belongings from her old apartment. However her old roommate is now claiming that her things are abandoned property and now belong to her and is trying to use them as collateral until she gets her money. Can someone tell me if this is true or not? Nothing is stopping me from going and getting the stuff other than the fear of her being able to call the cops on me.

Answer:
 Go over there and get the stuff.

Whatever debts your girlfriend may have are irrelevant. Her roommate cannot hold her property ransom.Answer #2: > other than the fear of her being able to call the cops on me.

She can try to call the cops and she might even make the situation sound believable enough to for them to send somebody out, but it's highly unlikely that they would attempt to prevent you from removing anything from the apartment unless she were to outright lie about something, which would then get her into much worse trouble.


Title: [CANADA] Is it legal for your employer to cut a week of work if everyone threatens to go on strike?

Question:
Province is Ontario.
Basically I am curious of something that is going on at my mothers workplace. She and the rest of the staff have been working without a contract for the last ~3 months because the employer and union can't come to an agreement. At a meeting a few days ago with all staff, union, and the owner of the company, he said he wants to cut all benefits that everyone has and no pay raises for anyone. 99% of people voted to go on strike. Owner has also not been paying the insurance company for our benefits for the last 3 months.
Today a notice was posted that next week no one show up to work because "there is not enough work", except for a few select people for clean up, but only half a shift.

Is this legal? It sounds like punishment to me for threatening to go on strike and cutting everyone's hours.

Answer:
 Without knowing all of the details, it sounds like the employer may be doing a lockout: [https://www.labour.gov.on.ca/english/lr/faqs/lr\_faq3.php#what2](https://www.labour.gov.on.ca/english/lr/faqs/lr_faq3.php#what2)

&#x200B;

They may or may not have followed the correct legal procedure for a lockout. If not, your mother's union will address this at the labour relations board.


Title: Cousins are abusing 85 yr old grandparents financially, any legal actions that can be taken?

Question:
I have two male cousins that can’t get their shit together. They’ve been asking my grandparents (85 years old) for money for the past year+.

Cousin A has 2 kids, a wife, and a baby on the way (1 kid under a year old who is 10 months and apparently still wears 0-3 month clothes) and hasn’t kept a job past the first paycheck for 2 years. She’s a stay at home mom.

Cousin B has 2 kids and a wife who is afraid to drive or go outside, but not afraid to have babies. He keeps getting jobs that don’t pay him, has a ransomware virus and can’t pay him, his pay is on backpay (one was Mattress Firm-I don’t believe it), he still hasn’t gotten his tax refund (bull shit).

My grandparents believe this and have taken out $10k in one week at different times, but pay out at least $1k per week to them. They’re essentially paying for an extra 8 people (soon to be 9, two in diapers and the mom doesn’t breast feed because “it’s gross”) on a fixed income and their savings are getting significantly lowered.

I don’t understand how the people at their bank haven’t identified some type of elder abuse with all of the money coming out.

My grandpa is in poor health and has dementia. My grandma, we think, is in early stages of Alzheimer’s or dementia, or maybe it’s just stress-related.

Is there anything we can do, as family to keep their assets safe for them?

Thanks!

Answer: You can try putting in a call to Adult Protective Services, sounds like elder abuse.Answer #2: Location is important here, but assuming you’re in the US, your first step would be to contact Adult Protective Services in your jurisdiction to ensure their safety. Then you can speak with family law attorney to see what options you have.


Title: Ex boyfriend is suing me for gifts and money he spent during our trip

Question: [deleted]

Answer:
 Tell him, in no uncertain terms, to stop contacting you. Do not answer his calls, block his number, block him on social media, etc. Keep records of all his attempts to contact you, but don't respond. If he comes by, tell him to leave. If he refuses, call the cops.

Respond only to actual court documents. No judge in the world is going to decide this in his favor if you simply show up, say "I never agreed to pay for anything but my plane ticket, and this is pure harassment from a disgruntled ex-". He has no proof of anything, and one party in a relationship paying for hotel rooms on a vacation isn't in any way strange.


Title: Did not get renters insurance and now apartment is condemned, and I can't afford a hotel for a month

Question:
I don't know if there's any recourse here. I forgot to get insurance so I don't have anyone to cover a hotel for a month. I don't have $3000 extra for a hotel for a month (cheapest I could find with a pet is $100 a month). It's estimated apartment repairs will take a month and then I'll be allowed back into my apartment. Thankfully nothing in my unit was destroyed and I did talk to insurance about getting a policy as soon as I do move back in. I understand it was a mistake to not purchase and I usually do. I don't know why I forgot. I don't know what my options are except to be a wilderness man (go camping) as I don't have family in the area.

edit - in the united states - delaware

Answer: If you're still paying rent, your landlord is obligated to continue housing you despite the property being condemned. If he's refusing to then you'll just have to figure it out and sue him for your damages later. You should contact a local tenants rights organization to see if they can offer you any help.


Title: Title IX-worst case scenario

Question: Monterrey bay, CA - I'm in the middle of a title IX case I have a few question.  I feel I'm not guilty of what I'm being accused of.  However there is a preponderance of evidence for coercion against me.  Basically, what is the worst I can happen?  Can I go to jail?  expelled?  I'm meeting with the dean in a few days to discuss this.  What should I expect?

Answer:
 Campus administrative hearings are separate from criminal proceedings.  The campus administration cannot order jail time.

If approached by the police, ask for your attorney.  If served with a civil suit, contact your attorney. Answer #2: Paging /u/i_work_in_hiedAnswer #3: Hire a lawyer who has experience with college sexual misconduct cases. This is a weird area of law and there are a handful of people who are particularly well-equipped to deal with it. Google like, campus sexual assault accused lawyers, or something to that effect.

The school can't send you to jail but what you say in a campus hearing can be used against you in criminal court if you end up getting charged later. You need the right lawyer now.


Title: Can someone be convicted of murder if the body is never found?

Question: I'm watching a show where someone is buried under a construction site where concrete is then poured over it. The murderer wants to frame someone else. Could the other person be charged/convicted if the body is never found and there's no crime scene or murder weapon?

Answer:
 Of course.

Imagine how people would get away with murder if all they had to do was to throw the body in a lake.Answer #2: Constructive Evidence. If the facts support that a person likely, beyond a reasonable doubt, killed someone, then even if the victim's whereabouts are unknown, then it is possible (granted, extremely challenging to prove by the prosecutor) to get a conviction for murder.Answer #3: Ah, you’re watching You.Answer #4: Yes.


Title: Salary below minimum wage

Question:
Location: Colorado

I was wondering if this is legal, currently I am working as a general manager at a fast food restaurant my salary is 40,000 a year with another possible 12,000 in bonuses.  I am averaging so far 80 hours a week so if i do not meet all my bonus requirements i will be below minimum wage, on top of that they are taking any amount the store is short by in cash out of my paycheck.  Is it legal for my salary to be below minimum wage due to working so many hours?

Answer:
 I am assuming you are exempt from overtime due to your position as a GM.

Therefore your wage is legal.  You are not entitled overtime pay.  Exempt employee's salary is based on 40 hours/week.Answer #2: Not a lawyer. If you are a manager on salary you may be exempt from getting overtime pay, so they could legally work you till your effective hourly rate is less than minimum. But there are some strict legal conditions for you to be exempt, such as actually managing people. They can’t take a fry cook, elevate him to fry manager and get out of paying overtime. Maybe you can share more about your role and responsibility so a labor lawyer can weigh in on this.

As for your bosses garnishing your wages, this sounds like wage theft. Are they setting a revenue goal for you, and deducting the gap when you don’t meet it? Or is this when the cash register is short a few bucks and they are making you balance it out?

All that said, start looking for a new job.


Title: How can I get off a joint bank account shared with my adopted daughter? (Illinois, USA)

Question:
We adopted our daughter from the Illinois foster system when she was 16.  She was not a US citizen (but did have a green card).  In order to help her attain citizenship we opened a joint savings account  with a regional bank right after the adoption.

After she turned 18 she drained her account and left without notice.  We assume that she is seeking out her birth family, but she isn't talking to us and we don't know what's going on in her life.

What we do know is that she's draining her savings account of any money put into it, and the bank keeps applying penalties because she is below the $200 minimum.  We put in a little money to cover the penalties, but then she'll find out and withdraw it.  If the balance goes below $0 the penalties are much higher, and we don't want to be on the hook for them.

We want off the account.  The bank has stated that we cannot be removed unless she approves it, so we feel like we're being held hostage financially.  She is the primary and we are secondaries.

Is there any way for us to be removed from the account?  What happens if the balance goes below $0?  Can they take the money from our other accounts?  Can we be reported to a credit agency if we move our other accounts and the joint account has a negative balance for too long?

EDIT:  They also stated that we cannot close the account; she has to.

tl;dr:  18 year-old daughter left, but keeps creating a negative balance in joint account that's in her name.  We want to be taken off her account so we're not responsible for fees and penalties, but the bank says we can't without her permission.

Answer:
 NAL, but i do have 20+ years in banking.

if the bank says that they can't remove you at your request only, then that's that. they're likely advising you of that limitation because she'd have to sign a new signature card as the sole remaining account holder.

even though you cannot be *removed* without her cooperation, you should be able to just close the account on your own; each account holder will generally have the right to take that action independently. you'll have to confirm with the bank though.

to answer your question about it going negative, you are responsible for the account. the bank can take funds from any other account that you have to bring that account back up to zero, and they can definitely report out an account closed with a negative balance or pursue collections from you if you have no other accounts to pull from.

just close it and be done with it. your daughter can open a new account in her name only that you won't have any ties to.Answer #2: Contact the bank and ask them how to close the account. You may not be able to remove yourself from the account, but most banks will let you close it unilaterally. You may need to go in person, and you may need to zero-out the account. Every bank has different rules, and they'll be able to tell you what to do to get it closed.