Title: [Pennsylvania] Cop searched my vehicle without consent. Found a small amount of marijuana and cited me with one count possession and one count of paraphernalia.

Question:
A couple hours ago I went to the park with two other friends. After parking the car and getting out a cop pulled up behind me, flashed his lights and then got out of the car, and told me to sit back in the vehicle.

The sticker on my license plate expired less than a month ago, but I had a receipt in my dash showing that I was still covered. He tells me he just need to run my plate number and he'll get me out of here.

Few minutes later he comes back with this smile telling me to get out of the car. He tells me he all of a sudden smells marijuana and asks me if I had any in there and who it belonged to. I told him multiple times there was no marijuana, and made it CLEAR that I didn't consent to any searches.

With a shit-eating grin, he says that in PA officers don't need a warrant if they have probable cause.

So after talking to me, then talking to a friend, who I know for a fact told him there was no marijuana in the car, he calls in backup. I am told to exit the vehicle. I get a pat down and so does my friends. Me and my friends were also recording the whole conversation.

The officer searches my car and finds a case of cigarette tubes that I used to use for rolling cigarettes, and roll-y machine with the filtered tubes, then sadly he finds an empty cigarette pack that had less than an eighth of an ounce of marijuana in it.

After a short while of him searching for more, he gets my information down (Height, hair and eye color, along with my contact info) and leaves.

This is my third time getting caught with a small amount of marijuana. The first two times I was 19, and I am 28 now.

I have on camera that I did not consent to any searches.

I don't have much money, but is it worth getting a lawyer in this case or should I just bite the bullet. I can tell you that the cig tubes and roller I were never once used to smoke marijuana with.
I just graduated college with a Bachelor's in communication. Is my future screwed now?

TLDR: Officers searched my car without my consent claiming it was legal in PA. Arrested me with one count of small amount and one count of paraphernalia. I already have one summary offense of marijuana, and one misdemeanor account of marijuana that I served A.R.D.  probation for a year with. What would you do in this situation?

Answer:
 It's pretty hard to argue that the cop didn't smell marijuana when he found marijuana upon searching.

> What would you do in this situation?

Hire a competent criminal defense lawyer immediately.Answer #2: >With a shit-eating grin, he says that in PA officers don't need a warrant if they have probable cause.

I'm sure that is exactly how it happened.

>I told him multiple times there was no marijuana

and

>then talking to a friend, who I know for a fact told him there was no marijuana in the car

Then what happened?

>then sadly he finds an empty cigarette pack that had less than an eighth of an ounce of marijuana in it.

Whoopsies!  You don't think you smell, but you reek of it.  The cop had probable cause to search your vehicle.

>This is my third time getting caught with a small amount of marijuana.

Then you should know how this works.

>I have on camera that I did not consent to any searches.

Consent doesn't matter if they have probable cause.

>I just graduated college with a Bachelor's in communication. Is my future screwed now?

Now? No. It was screwed when you declared communications as a major. The fuck do people do with that degree?! jk! I kid I kid . . . I picked the second most useless degree, law!

>What would you do in this situation?

You NEED a lawyer.  You said that you don't have much money.  If you cannot afford a lawyer, you should plead not guilty and ask for a public defender.  You could be looking at some serious consequences, including jail, probation, fines, etc.


Title: [KS] Is There Anyway I Could Provide A Sealed Testimony In A Child Custody/Visitation Case?

Question:
I am a family member of the plaintiff, who wishes to testify in some fashion in favor of the defendant. My family has taken primary custody of my brothers (deceased) son, and is battling his biological mother for sole custody and care.

Unfortunately, I don't think they should care for him for various reasons. Would it be possible to give any sort of a testimony as to why the child belongs with his mother, without revealing my identity. I know if my family were to find out, I would be ostracized.

Thanks
Topic:
Custody Divorce and Family

Answer:
 No, you can't secretly testify.  However, nothing prevents you from sending an anonymous letter to the mother's attorney, advising him of facts which he can then independently verify.  For example, if your nephew is not attending school regularly, the attorney can get attendance records.  If someone in the household has a criminal record, the attorney can get those records.  If they are running an illegal daycare, an investigator can document that, etc.  Information is power, so if you can anonymously get information into the attorney's hands, it might be very helpful.  He'll figure out how to document it for court.  Answer #2: I would say not a chance.  Let's say hypothetically you were able to give some sort of testimony, how would the court or attorneys ever give it any weight if they don't know who it's coming from?  For all anyone knows you could be a person paid by one of the parties to testify according to a pre-written script.

If you want to do what you think is right, you're going to have to deal with any consequences that result.

Edit to add:  Rest assured though, unless the mom has already been stripped of her parental rights, or unless she is in some extremely bad circumstances in her life right now, I can't imagine grandparents ever getting sole custody and care over the bio-mom if the bio-mom hasn't been deemed an unfit parent.


Title: Do I legally own my own waste?

Question:
I am from the USA

Do I legally own my own biological waste? Am I relinquishing the rights to my own waste by flushing the toilet?

What about the CO2 that I exhale?

Answer:
 yes you own the waste not so much the co2. yes flushing is abandonment. Answer #2: I was going to make a joke about suing somebody for breathing in your farts without permission but I'll pass.

(I'm here all night folks)


Title: Debt collector in Texas stating that I took out a "cash loan" so there is no statute of limitations. Is there such a thing?-- Texas

Question: Was contacted by a debt collector about a loan that I took out.  They gave me a date of 2015 for opening the loan.  Stated I worked at an employer I haven't worked at in 5 years and that the loan was deposited into an account I closed 6 years ago.  Texas statute of limitations is 4 years based off my research.  They told me to contact the original loan company to confirm this.  I did and found out the loan was opened in 2012 and payments were made on it for 3 months and then stopped.  This puts it well past the 4 years.  I called back the debt collector and they said, "oh its a cash loan so there is no statute of limitations".  Anyone heard of anything like this at all? It seems legit and its possible I could have missed an old debt but my main issue is them saying there is no statute of limitations.

Answer:
 LOL. No.

[Here is the statute](http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.16.htm#16.004). They have 4 years from the last day of payment. Ignore them unless sued.


Title: Parked car totaled by insured driver, insurance doesn’t want to pay my car’s full value

Question:
This happened in Illinois. As the title states my car was legally parked on the street and some guy came speeding down a residential street, lost control of his car and managed to wreck 3 parked cars. In the police report he claims he lost control of his car after the first car and swerved onto the 2 other cars to avoid a head on collision. My car was the second he hit and the insurance is claiming that if he hit my car to avoid a head on collision that they will not pay for my full damage despite their assessor deeming my car a total loss. I was financing this car so I still need to make my car payment at the end of the month and I am out of a job due to the COVID 19 outbreaks in my state, what do you guys recommend I do? Thank you for your time!
Topic:
Insurance

Answer: Do you mean that they are only accepting partial liability? Or that they are offering you less than the car could sell for on the market today? Or that you want them to pay the full loan but are underwater?


Title: Legality of Wellness Program "incentives"

Question:
Hello,

I'm looking for some advice regarding my new employers wellness program.

Allow me preface with some background information:

My office is in Houston, TX.
The corporate office is in St. Louis, MO.
My primary job responsibilities are sedentary (desk job)
I am a full time employee.
I am considered "at will" rather than contractual.
I have a basic understand of the ACA, EEOC and ADA.

Ok, on to the issue at hand. I recently enrolled in my companies healthcare plan. After filling out the usual paperwork and selecting which tier of coverage I would like I was informed of a corresponding wellness program. At first I was excited about additional incentives but quickly learned that this program wasn't about encouragement and providing resources, it was about saving the company money by enforcing punitive measures for employees who don't meet certain healthcare goals.

More specifically a $25/pay period wellness surcharge and a $75/pay period tobacco use surcharge. In order to avoid the surcharges you must submit a Biometric Screening (weight, body fat composition, blood pressure, lipid panel, among other things) to HR as well as earn additional points by reaching target BMI, cholesterol levels, and even participating in telephonic or online "health coaching sessions".

I'm a non smoker but admittedly a little over weight. Truthfully it's not an issue of being able to meet these goals but I don't feel like I should be required to share medical information with my employer that isn't relevant to my job responsibilities.

l loosely understand how this type of thing can be enforced under the ACA but it seems to have some grey area regarding discriminatory actions under EEOC and ADA.

I asked my employer if participation in the wellness program was mandatory and they informed me that if I wanted to enroll in the company healthcare plan that the wellness program was also required.

It may wind up being a moot point as I have another employement offer in the pipelines but I'm still really curious about what my rights are here and what courses of action I could pursue.

TLDR: My employer is attempting to enforce punitive wellness surcharges unless I submit a biometric screening and meet healthcare objectives. Participation is mandatory in order to enroll in their healthcare. Is this legal? What options might I have if I don't want to submit this information.

Thanks in advance!

Answer:
 http://www.entrepreneur.com/article/228670

It looks from some reading like thsee kinds of questions are still being hashed out in courts.Answer #2: > My employer is attempting to enforce punitive wellness surcharges unless I submit a biometric screening and meet healthcare objectives

Is it a surcharge, or is it a discount if you do participate.  Because that makes a huge difference to the legality.  If they're saying "Your insurance costs X, but if you enroll in wellness and get biometrics, it costs X-$75" then it's legal.  If they say 'Your insurance costs X, and if we catch you smoking, it becomes X+75" then that's legally problematic.

Also, the mandatory aspect is also a problem.  Again, they can have a voluntary program that earns you discounts.  But if it's mandatory before you even get to enroll in health insurance, it may be a HIPAA violation.


Title: AMPM Gas Station sold bad gas, car is in the shop. What are my options or what do I need to do in order for them to cover the cost of repairs

Question: Title says it. Technician confirmed it was water from the gas I bought. But the gas station is refusing responsibility. Do I have any options

Answer: In North Korea Dear Leader will punish those responsible for making poor quality gasoline.


Title: My boss is trying to take credit for my work and sell it

Question:
I work for a non-profit organization in the 'social work/community mental health' realm, it is a multifaceted organization that is large and widespread across a region of our state.  I have worked there on a two different teams for a total of 6 years.  It is a good organization overall, with it's drawbacks and advantages.  One of the advantages is: they will support you if you decide to pursue higher education - they are okay with you reducing your hours, working around classes, etc. etc. They will allow you to count your employment as your internship.  So, when I was in grad school the director of a different team asked me to help with a program that went into pre-schools and presented a 'social-emotional puppet program' to different classes.  There was no real guidance, no set 'lessons' - as far as I know everyone doing this just made up their 'lessons' on the fly (including myself).  There are a few programs like this, but they are evidence-based and consequently crazy expensive, so not really viable for our schools (rural, economically impoverished).

&#x200B;

Well, the teachers I was working with really liked me and really liked my 'lessons.'  My boss ended up asking me if I could 'write' some lessons up and help make this a better program that actually had some consistency, etc. She wanted a quality program we could make available to schools in our region for free.  This is100% something I want to do.

&#x200B;

 At first, it was supposed to be a team effort that I organized.  I tried, I tried.  I assigned people different topics, they wrote lessons (they were terrible), etc. This was about a year long trial.  Finally, I decided: forget it - I'll do it all myself.  So, for the next few months, every spare moment I had at work I developed lessons, created a 'kit' for classrooms including all the books, social stories, etc. that could be left in classrooms.  My boss asked me to create a training so we could train teachers how to do it and about the philosophy behind it.   I created the training, which was a TON of research, work, etc.  She gave me a budget and I ordered and designed the kits, the curriculum book etc.  Then I gave them the training and they had to submit it to the state for approval under someone else because I wasn't an 'approved trainer.' I told her at this point, I had huge reservations about this since I wanted my name attached to this since it had been all my work.  She asked if that was true, I said it was all my work except for two lessons.  I heavily edited, but did keep two lessons (out of 35) from a co-worker, but I did write the training all myself.  She said she understood, as long as I gave my coworker credit for her two lessons.  Skip forward a year after implementing this program in a few different counties: It is extremely successful, the data was in - it is the most effective program we are running, perhaps the most effective mental health/social emotional/pre-school targetted program in the state (the words of my boss and the data analyst).

&#x200B;

I am ready to revise things and make it bigger and better!  So I do!  I work my butt off (all on work hours) re-writing lessons, restructuring everything, finding and paying an illustrator, a graphic designer, collecting feedback from former participants, etc. etc.  My co-workers who did implement this in a number of places gave me ideas on how to make it better at a day of reflection I organized (that my company paid people to attend).  Guess which 2 lessons got the worst reviews?? The ones I did not write.  So, I scrap them and write 2 new lessons, and a few more people requested, I incorporate my co-workers feedback, etc. Make this book, get it printed and - damn straight - put my name on the cover.  It said: Written and Developed by: Me, Produced by: Organization.

&#x200B;

Well, my boss is not happy.  She says she feels like I'm not giving my co-workers credit - didn't they help write the lessons?  She then accuses me of trying to sell it! And then proceeds to tell me she wants to sell it to other regions (fuck no - I want it to be free!).

&#x200B;

Who owns this?  The organization who pays me (this is only a fraction of my job responsibilities and is not part of my job description).  What should I do to make sure my name stays on it and that it remains free??

&#x200B;

Answer: The organization who pays you owns it since you developed it as part of your employment, even if only a small part. You have no legal standing to keep your name on it or dictate how it is used or sold. Sorry!


Title: Employers don't pay drive-time

Question:
I live and work in Oregon, but also travel to Idaho, Washington, Utah, California, and Nevada for projects.

&#x200B;

I'm a Cultural Resources Management (CRM) archaeologist.  Basically, when there is construction or other type of project that could disturb cultural resources (on certain lands and in certain circumstances), there needs to be a cultural damage assessment.  Sometimes that includes fieldwork.

&#x200B;

Since these types of projects can be far and in-between and there are a limited number of archaeologists in any given area, we often have to drive long ways (4-15 hr drives) to get to a project area and back home after the project is complete or there is a break.

&#x200B;

Some employers pay for this drive time, most do not.  Some pay per mile for your vehicle, some do not.  Most employers pay for this drive time if you are in a vehicle that is owned or rented by the company, some do not.

&#x200B;

As CRM archaeologists, we often discuss these and other issues with employers, but nothing ever gets done about it. We are expected to work outside of the hours we get paid.  We work (and sometimes are required to camp) in freezing or extremely hot weather or conditions so bad that multiple individuals are sent home with injuries, but we are not compensated any differently than in good weather and good conditions (no hazard pay).  We would unionize, but there are many roadblocks that prevent our field from being unionizable and we don't often work with the same people or for the same company long enough to actually get together and solve these problems.

&#x200B;

Are employers required to pay for the time it takes you to drive to a hotel/project area and/or reimburse you for your gas or mileage?

&#x200B;

What can I read to know more about these types of pay issues in the future?

Answer:
 >We are expected to work outside of the hours we get paid

are you paid hourly or salary?  If hourly, then this is illegal. If salaried, this is not the case. as salary implies you work whatever hours are needed to get the job done. as long as total pay/hours worked > minumum wage, this is legit.

Your recourse is to find a better employer.


Title: Someone assaulted me, chipping my teeth. The home owner doesn't want me to use his address in court.

Question:
Location: Massachusetts

I went to an old friend's birthday party, and someone asked me if I was a cop then punched me in the face. Yes, really.

He chipped my teeth, and I want him to pay for the bills. We agreed that he would give me $200 for the dental estimate in three weeks, but that deadline is coming to an end, and he hasn't responded to my calls/texts.

The home owner also took out a knife when they were asking me if I'm a cop. People told me I should use a fake address in court, because he is paying off the bills in his dead father's name, and has a retarded brother. If they get separated or lose the house because of the address being mentioned in court, I am concerned that he might retaliate against me, or worse, my family.

Is it possible to not use the address of the incident in court?

Edit: Any advice on how to make sure I win in Small Claims is appreciated too.

Answer:
 Do not lie in court. Answer #2: Your location matters. You'll probably be asked for an address. If you don't mention the brandishing then he probably won't get in any trouble at all and the only reason he'll be contacted is to render testimony should need be. Answer #3: The location of the incident is literally one of the first questions that will be asked. As in, when you get subpoenad to testify, the questions will likely go something like this:

"Please state your name"

"Where were you on the night of X at 7PM?"

"While at that location, please describe the events that transpired"


Title: [MO] girlfriend's mom works part time in an Asian market for .15c over minimum wage. Her manager deducted over $40 from her pay check for "drawer shortage", putting her check earned well under minimum wage. Isn't there a federal law in place against this?

Question:
Missouri. It's my understanding that you can't have any deductions put you under minimum wage. Can we threaten them with any sort of legal action / report if they don't pay her proper check?

On top of all this, that scumbag of a manager rubbed it in her face, he literally said to her "does it make you sad?" after telling  her they were deducting it from her.....like literally what the hell dude?

Answer: In Missouri, deductions for shortages are legal only if they don't take employees below the minimum wage. However, some small employers (generally, annual gross sales under $500,000) are exempt from the minimum wage law. Otherwise, yes, this is a minimum wage violation, and she can file a [wage complaint with the State](https://labor.mo.gov/DLS/MinimumWage/file_complaint).


Title: Police report says I “appeared intoxicated”, but no blood work or breathalyzers were take. Can it be changed?

Question:
I had a bad accident on some train tracks, my bicycle got caught in the tracks and flipped me and caused an accident... I’m hoping to sue to cover the costs of dental repairs, but I fear that the police report saying that might be detrimental? Is there anything I can do? My lawyer says I need to get it changed if we were to continue the lawsuit. Is this possible?
Topic:
Personal Injury

Answer: An Officer is not going to change his report because you want them to, especially if your needing it to sue. I’d look I to getting a different lawyer to, if they think that is how they should go about winning a lawsuit.


Title: Landlord said that I don’t need to renew my lease. What does this mean?

Question:
I’ve been living in the same apartment for 2 years. This year when time for the lease rolled around my landlord didn’t email me asking if I wanted to renew. While paying my rent the next month I asked him if I needed to renew the lease.  He just said, “you’ve been living here for, what, two years? Nah, it’s fine.”

I’m not sure what this means. Am I under lease? Am I renting month to month? Can they kick me out whenever they like?

We don’t have any problems and I’ve always paid my rent on time. It’s kind of a shady area so I get the feeling that I’m one of the few tenants who never cause issues.

I’m just wondering where I stand legally.

Answer: It means you are a month to month tenant and you both have the flexibility to end the tenancy with proper notice, which is usually 30 days. It gives you both more flexibility. He doesn't have to offer you a lease if you don't want one, and you don't have to sign one if you don't want to.


Title: I got a traffic ticket in Texas, but the cop wasn't on the scene. Should I fight it?

Question:
I recently got a ticket for running a red light. The cop was NOT on the scene. I got into an accident, and the other driver said I ran the light (she T boned me in the intersection, she was in right lane of 6 lane street/3 in each direction).

If the cop did not witness me "running the light" and just speculating off of the other car's testimony, should I fight the ticket? If the cop did not see me do it, can the ticket stick?

I did NOT run the light. The driver was in the right hand land (3 lanes each direction) and she was turning right, and hit me.

Answer:
 Sure you can fight the ticket.

Ultimately both you and the other driver will testify before a judge, the cop will testify about what he observed when he came on scene (damage, debris in the roadway, etc) and then the judge will decide if you are guilty or not.


Title: [Texas] The apt manager told my family that they have to move out by March because the company is building new units. Is such short notice legal? [xpost r/NoStupidQuestions]

Question:
So, my mom called me and told me that they have to be out by March. This makes me angry because looking for a new place is not something that can be done in such a short amount of time. My mom works 2 jobs, 8+ hrs/day M-F and 16 hrs/day Sat and Sun. She has no time to look for a new place to live. Plus, my family is now down to one car because my father just had an accident that totaled the car. She and I live on opposite sides of the US (her = South, me = North) and I'm in the middle of looking for work, so I can't do much. The other kids are in college.

Is there any information I can give her that would help her out? Thanks for the help.

Answer: Is she on a fixed term lease or month to month?


Title: February 6th this year I was pulled over. Had no inspection tint on my windows and I was going 10 over the 65mph speed limit.

Question: The officer told me if I reported back to him with a legal vehicle in 10 days he would let me go for the inspection and tint citations. About 10 days later I called the appropriate magistrates offices asking if there was any way I could show the officer. The receptionist just told me to wait until my scheduled court date. Well that court date was may 5th. A week before my court date  the same receptionist called me and told me the officer would not be able to make the court date because he was injured (he’s okay I asked) and that my court appearance would be pushed back. It’s now June 2nd and I haven’t heard any word back from the magistrate since that last call. How do I proceed? Will they drop the citations? Should I call?

Answer:
 NAL, but it sounds like you're going to have to pay the citation for the problem. It's been more than 10 days since you were ticketed, and I definitely would not have taken the receptionists word for it.

IMO, the officer suggested you report back to him. You didn't, despite it being at the suggestion of the receptionist, and now you're going to have to pay.

You can try to fight it, but I don't personally put much stock in you having success. Might be worth trying anyway.


Title: How to get an underage Canadian to come live in the USA.

Question: So, this person I met online is in a house hold that doesn't treat her so well. Her parents are saying that the second she turns 18, they're kicking her out. Problem is, she's got nowhere to go right now. Except maybe my place. Problem is, I live in the Puget sound area. So how the hell do I go about getting her to legally live here?

Answer: Don't attempt to get an underage Canadian girl to move in with you, it's just a bad idea all around.


Title: How can we exercise our right to back-up our digital content if it's illegal to decrypt it?

Question:
From what I understand, when I purchase digital content from somewhere, I have the right to make a personal backup of that content. However, that content is usually encrypted (preventing backups), and the DMCA makes it illegal to to circumvent that encryption.

So, how can I exercise my right to backup my digital content without violating the DMCA?

Answer: You can backup something without being able to read it in an unencrypted form.


Title: How often do public defenders win court cases?

Question:
I'm 19 (in MN) and got a petty misdemeanor for a small amount of weed. Also my first offense. No money for a lawyer, but are the chances of me getting off with a just a fee and probation (which i'm assuming if passed my record is clean) very low if I have a public defender rather than a lawyer?

I know it all depends on what happened, but there are done things that I noticed during and after the situation. I didn't consent to a car search, and I live in an apartment complex and I was on the property when it happened. Since its private property doesn't that make the search unlawful? Even with reasonable suspicion?

Answer:
 >are the chances of me getting off with a just a fee and probation (which i'm assuming if passed my record is clean) very low if I have a public defender rather than a lawyer?

Uuuuuuuuuuuugh.

Public defenders are lawyers.

In some cases, you do better with a public defender.  While they are often overworked, criminal defense is *all they do.*  They know the law, the judges, the prosecutors-they have great experience in this particular area.Answer #2: > are the chances of me getting off with a just a fee and probation...very low if I have a public defender rather than a lawyer?

Public defenders **are** lawyers.  Public defenders are no better, and no worse(on average) than their hired counterparts.  Depending on the area, they're often the same people.

The outcome of your case rests far more on the particulars of your case than it does on your attorney.


Title: [Massachusetts] I was just let go and I'm unsure if it could classify as wrongful termination (possible discrimination, retaliation, and/or favoritism). Any insight or advice would be appreciated!

Question:
For starters, I'm aware that MA is an at-will employment state. This unfortunately is not the first time I've been laid off but the circumstances of my lay off seem fishy, so I figured I'd ask the internet for some advice.

This past Thursday, I was just "laid off" from my role as a Digital Marketing and Social Media Manager. The Director's reason was that the organization is going to outsource its marketing. My two other coworkers in marketing had meetings with him immediately after me, so I assumed that they were also going to be laid off. Turns out that wasn't the case. They're safe. And they've already hired someone to replace me, she starts this Wednesday.

This whole situation is fishy to me for a few reasons:

1. **Possible discrimination?** I am an Asian woman and was the only person of color in this organization. I was the only person laid off and am being replaced by a white woman. I have had no documented performance issues.
2. **Possible retaliation?** Just the other week (Wednesday, April 17), I raised a red flag about some potential unethical practices. In short: the organization hosts monthly lunches. There's been criticism (from myself and others) that these lunches are mostly white men and women. Their solution was to create a column labeled "Diversity" in the invite spreadsheet. Employees were asked to Google the invitees and determine, on our own with no input/consent from the invitees, if they were "diverse" in any way. If they were, for example, a person of color, LGBT, a person with a disability, etc., then they simply wrote "Yes" under the "Diversity" column. My concerns about this were ignored. *Note: I have two screenshots of the conversation and the spreadsheet in question*
3. **Possible favoritism?** To make this even more complicated, the Head of Marketing left in February. Instead of hiring a new replacement, the Director brought in a personal friend to act as a Consultant #1 (a white woman, in case that's important). My team spent an hour with her the other month and have not heard from her since. She then brought on a personal friend, Consultant #2 (a white man who, at max, has the same amount of experience as me), to essentially do an audit on our digital marketing. Again, no communication from him and no explanation from our Director. And finally, I learned that the woman replacing me next week used to work under Consultant #1 and knows Consultant #2. This new hire also has very similar work experience as me.

I'm admittedly frustrated about the situation because the decision was clearly not merit based. Obviously, you can't sue over that. But I just feel like I was pushed out because I, the token minority, was uncomfortable with the way they were handling diversity, and because Consultant #1 just wants her friends to have jobs. Maybe I just need to suck it up and put it behind me. What do you think, Reddit?

Answer:
 Anything is possible.

What evidence do you have of any discrimination?  You can't just throw theories out there and hope something sticks, nor can you allege discrimination and make them prove they're not.


Title: [TN] Police Officer wouldn't accept my insurance card

Question:
I'll do my best to keep this brief. I was pulled over this morning and the officer asked for my DL and insurance card. I tried to show him my insurance info on my phone, but he said that he could only accept a card. After getting permission to look through my glove box, I found the printed (on regular paper) info that my insurance company had provided. The officer wouldn't accept that either as it had to be a "card." I'm assuming he wanted it on card stock. I asked why he wouldn't accept either form of information, and he said it was up to his discretion as to what form of proof of insurance he would accept.

Anyway, now I have a ticket and a court date for a violation of the Financial Responsibility law.

Can I fight this at the court date, or am I out of luck because I didn't have a "card?"

Also, I thought that Tennessee had a system where LEOs could check to see if a driver had insurance. Why couldn't that be proof that I was insured?

Answer:
 He's mistaken about TN law, which says that all you need is:

Documentation, such as the declaration page of an insurance policy, an insurance binder, or an insurance card from an insurance company authorized to do business in this state, whether in paper or electronic format, stating that a policy of insurance meeting the requirements of this part has been issued;

TN Code 55-12-139


Title: Laws about not having a clock in the workplace?

Question:
I work at a green apron’d coffee company, where we recently hired a new manager. If you read my post history, you’ll know that I don’t really like her, and don’t think she’s “following all the rules” so to speak.

Being a busy coffee shop, we are expected to be on the floor without our phones at all times. The only thing is, the register doesn’t have the time on it at all, so the only source of timekeeping we had was an analog clock hanging on the wall.

It ran out of batteries last week, but our new manager decided not to replace them. She just took down the clock because she says it “helped time go faster”. Of course, now employees are accidentally running into overtime because they don’t have any reference of time (and neither do I, their shift manager). The only way I know what time it is is by taking out my phone on the floor, which isn’t professional at all. We also aren’t allowed to wear watches for health code reasons.

My question is, am I being overly critical, or is there any possibility that this is illegal? It seems rather shady. Thanks for your help?

Answer: No, there is no law requiring a clock to be available. Of course if people work to long because of this issue they must be paid, including payment of OT if they go over 40 hours in the work week.


Title: (Boston, MA) want reimbursement for heating the hallway

Question:
I've recently been trying to figure out how I used 850 kWh for my electric last month (1BR apt) when We were on vacation for half the month and ran the electric heat as little as possible (keeping apartment around 50 degrees)

It turns out that the hallway heater outside our unit, which runs full blast 24/7, is linked to our meter. We had no idea until I turned off the electric heat breaker and it turned the hallway heat off. The heater is turned on/off by a button in the hallway, so for example when I turned it off last night i noticed it was back on again this morning as I left for work because I guess another tenant turned it on.

I want my landlord to reimburse me for some amount of my ridiculous electric bills the past 2 months but I don't know if I have a legal reason to demand money or if the most I can do is ask nicely.

Answer:
 Click on "what is cross-metering?":

http://www.cityofboston.gov/isd/housing/faq.asp

Short response: yes, you can get a refund from the utility, they'll bill the property owner, the city will require the property owner to fix the electrical so that you aren't paying for common areas.


Title: I sold my broken down car to a mechanic shop, and yesterday the new owner showed up at my apartment very angry.

Question:
Short Story: My 2001 Toyota 4runner was totaled due to engine failure. I sold it to my mechanic shop for a couple hundred and signed away the pink slip. Fast forward 4 months and a new owner of the 4runner is at my doorstep claiming he had been "had" by the guy that sold it to him. He was given a fake carfax with false information. The REAL carfax had my mileage at 208k which is correct, the false carfax given to him said 66k miles. I wasn't worried for myself until he showed me the title with my name, address, signature, and a forged date.

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Question: Should I be prepared for any possible issues that will come from this? Wouldn't the mechanic shop be the last name on the title if I transferred it?

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Long Story:

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I used to own a 2001 Toyota 4runner. Bad luck doubled up together causing my radiator to bust, with a bad freeze cap, which caused radiator fluid to enter my engine. Car was totaled. My easiest option was to sign over the pink slip and sell it to my mechanic shop for 300. The mechanic shop said they were going to swap a used engine in, and then use it for rock climbing.

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Now yesterday, a very upset fellow was knocking on my door and asked if I was indeed the person listed on the title. Yay me, because I was. He started asking me questions about mileage, how long I had the car etc. After answering his questions he calmed down immensely and then told me about who he bought the car from. Apparently, the new owner purchased the vehicle but started to get suspicious (after purchase) when he noticed a smaller battery, super worn tires, and stereo equipment not working. He looked up the carfax online and it was listed at 208k miles, but the odometer read 66k miles. He was given a fake carfax. He went WTF and contacted the seller, but of course no reply. Then he went and found me. I gave him all the relevant information I could and gave him my cellphone as well.

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The one thing that stuck out to me as weird is that when he showed me the pink slip/title whatever it still had my name, address, and signature on it. The dates on the title were clearly written over as I sold it in Feb-ish and the forged date was last month. I would have assumed the new title would show the mechanic shop that I transferred the title to, no? And will I need to prepare for any potential BS from this?

Answer:
 >  if I transferred it?

Did you transfer the title and release your liability? The process varies by state.

If not, it's possible that they were title jumping.Answer #2: Did you submit to DMV that you sold the car to the mechanic?Answer #3: Dont worry about it.
caveat emptor.

I've bought and sold cars all over the US for years.

You didn't sell the car to the guy who knocked on the door. Soeone else did.

The new buyer had the option to run a carfax prior to his purchase.
He also should have the car inspected and the 3rd thing he should have done during the test drive is turn on the radio.

I know this sounds harsh, but unless you're in the business of buying and selling cars (dealer) then the new owner has little recourse on your part. He may say otherwise, but that's just talk.


Title: As an online student working to get my Master's Degree, my university is forcing me to pay new additional fees over $500 per semester to use campus parking lots, wifi, sporting events, and gym memberships... 500 miles away. Is there anything I can do?

Question:
As an online student working to get my Master's Degree, my university recently added new fees that simply do not save me money. I emailed individuals within the university and they are not able to permit me to opt out. Additionally, this includes paying approximately $120 per three credit course for books that I rent for the semester. Previously, I was spending about $45-$60 for books per 6 credits and able to keep the books for my leisure. Thus, I would love to opt out of these options.

Is there any legal argument that I have, as an online student, to opt out of these fees that I can not participate in since I am over 500 miles away. I would comprehend requiring on campus students to pay these fees, but as an online student over an 8 hour drive away it simply does not make sense.

Here is a list of what their website says the fees cover:
Activities Included:

-All required books and learning materials
As a central part of EaglesIN, all books and group-assigned content will be bundled up and ready for pickup at the beginning of term, so you can head into your first day of class confidently ready to learn (supplies not included).

-Lightning fast Wi-Fi
Google Fiber provides connection speeds up to 1,000 mbps. -Connect virtually anywhere on campus.

Campus parking
-Parking is available in any of 11 campus parking lots with a permit from Campus Safety.

-Access to Learning Commons and Hooley-Bundschu Library services
Services include computer access, laptops available for checkout, an IT help desk, library access and group study rooms.

-Private academic tutoring and learning services
Services include tutoring and reading and writing assistance.

-Access to the Fitness Center
Mabee Fieldhouse houses a fitness center with fitness equipment and an indoor track.

Health and wellness services
-Services include basic health services, health counseling, non-prescriptive medication and more.

-Valuable career services and mentoring
Services include career counseling, mentoring, job boards and tips on resume writing and job interview skills.

-Counseling services
Confidential counseling for all students is included to promote quality of life and personal wellness.

Print and scan services
-Services allow you to print at least 200 pages per semester or scan an unlimited number of pages.

-Admission to athletic events
All Avila home games for men’s and women’s sports are included.

-Admission to campus theatre, music and art events
Admission to a variety of theatre productions, music performances and art exhibits are included.

-Admission to special campus events
Annual events such as the Ethnic Food Festival, Harry S Truman Lecture Series and many other student experiences are included.

Answer:
 See if they'll negotiate with you.

Be aware that there's no legal issue here; this is a civil issue at best.

Those services are all available to you; the fact that you're not going to take advantage of them is a point towards the negotiation in your favor, but may not sway them.


Title: Sex in Colorado with a 'Minor'

Question:
So using a burner account for obvious reasons. I'm interested solely in the legality of sex with a minor as a 21 year old male. The female being either 16 or 17 (Junior in Highschool). She has made advances, ethical implications aside, what is the legality of this if she is either 16 or 17? I understand 17 to be the age of consent, but is 16 within age range at 21 years old to be a legal act?

edit: In essence, with romeo and juliet law etc etc... without having a relationship, can I engage in sexual intercourse with a 16 year old without fear of repercussion?

Answer: Can I just point out that if you're not sure if she is 16 or 17, she could easily be 13 or 14. In other words, don't make any assumptions about her age based on what grade she is in, what she looks like, I mean really, anything. My basic feeling is: if you don't know enough about a person to even know their age accurately, you shouldn't be having sex with them.


Title: (AL) I resigned from my job as a teacher in December. I still have not received my final paycheck, two months later.

Question: [deleted]

Answer:
 You should have already contacted your state labor department and possibly the department of education. File a complaint ASAP.

www.labor.alabama.gov

In most states a final check must be paid within a certain amount of time, usually 48-72-hours.


Title: Landlord telling me to get rid of dog that was already approved, or move out!

Question:
Hi reddit, I need some advice.

In January I moved into a one bedroom house in Washington state. It has a fenced-in yard for my dog, who I was planning to fly over from the east coast in April.  The property management company ("company A") allowed dogs, and I signed a pet agreement and paid a pet deposit.

In march the property transferred to a new owner and a new property management company ("company B").  As I understand the new owner received the property in an estate settlement.  I was informed of the management company transfer at the end of march, and was told to wait to be contacted by Company B.

At the beginning of April I still had not heard anything.  My parents flew my dog out to Washington as planned, and she settled into her new home.  That week I was contacted by an agent at Company B and made an appointment to go into the offices at Company B and sign a new lease.  Later that day I came home from work and found a note on my door that stated the owner had come by while I was gone to do a home inspection (even though I had had several conversations with the agent at this point and an inspection was never mentioned).

The next day while I was at work the agent and owner came to my house.  My boyfriend was home with dog.  Dog barked when they knocked on the door.  Dog is excitable and young and has a tendency to jump on new people, so boyfriend put dog in the bedroom while they looked around.

Dog is a mutt, and when I adopted her was told she is a lab mix.  All of her paperwork says she is a lab mix.  However, she looks like she has some pitbull in her.  Because she is a rescue, I do not know for sure what she is made of.  She is a sweet dog and has no history of aggression towards people.  She is just a jumper, which we are trying to break (which is why boyfriend put her in the bedroom, so she wouldn't have the opportunity to jump!) And again, her paperwork shows she is a lab mix, not a pit bull.

I received a letter today from agent saying owner wants me to get rid of my dog or move out.  Owner cites insurance liability of my dog being "one of 12 dangerous breeds" that could cause her to loose her homeowners insurance.  And because dog barked when they came to the door and put her in the bedroom, they claim she could be a "dangerous dog."

Can they do this?  I signed a lease in January allowing me to have dog.  All of dogs paperwork and vet records clearly state she is a lab mix.  Is there anything I can do to keep dog?

Thank you so much.

TL;DR Rental property transferred to new owner, who is now making me get rid of dog that was previously approved, or move out.  What to do?

Answer:
 This new lease you signed, what did it say about pets?

(By the way, you didn't have to sign a new lease, unless your old lease said it was no longer in force if the property sold)


Title: [CA] Officer made mistake on ticket

Question:
Recently got pulled over for my registration tags being expired (March 2018). Officer wouldn't hear me out when I tried explaining I already paid for 2019's registration and that mine was just incomplete at the time (which was true) and he told me something about my registration being expired as of 2017 and said the same on my ticket. Obviously, having 2018 tags, that's not the case. So while he cited me for the right thing (expired tags), he cited me for the wrong thing (they didn't expire in 2017).

I have already corrected the issue since and gotten my registration sorted out. I have no problem paying a fix-it ticket but I'm broke and would rather not pay that even - can I get my ticket dismissed entirely entirely since the CHP officer put the wrong thing down? I recall hearing about several similar stories. Or how does that work as a whole?
Topic:
Traffic and Parking

Answer:
 >can I get my ticket dismissed entirely entirely since the CHP officer put the wrong thing down?

Clerical errors generally do not invalidate tickets.

Many times with a lapsed registration, you can prove to the courts that you've fixed the issue and pay some small court costs/fees and be done with it.  Call the court listed on the ticket and inquire about whether this is an option for you, and how to go about doing it.


Title: Does my mom have a case against my former college?

Question:
Location: NY college, but we're based in TX

I'm not really invested in this, but my mom is. I'm just posting to see if...this is even viable.

I started attending a private college in NY in 2011, and later that semester was diagnosed by the on-campus psychiatrist with depression. I also started getting my ADHD prescription through her (I up'd my dosage, so I couldn't get it from the doctor in Louisiana I had been seeing).

Spring 2012, I left college early due to medical issues with the above problems. I went through a program over the summer to be re-admitted, and was accepted.

However, when I returned, the psychiatrist was gone.

She was no longer working at the college, and I could no longer get my medications prescribed. I couldn't even get my anti-depressants, because I had the prescription filled in Louisiana, and didn't know I wouldn't be able to refill in NY.

Time passes, almost a complete semester (I can't remember, it's just a depression haze), and the school *still did not have another psychiatrist on campus.* I was just told to go to the previous one at her new office, but depression and a lack of ADHD meds do a number on your memory, motivation, and procrastination.

And I failed out, and dropped out.

My mom wants to sue due to what happened, and how much money it cost her.

Would she even...get anything out of it? Would it be a waste of money to pursue?
Topic:
School Related Issues

Answer:
 Completely your fault for not finding another doctor in a timely manner.  Your health is ultimately your responsibility, not your college's.Answer #2: >. I was just told to go to the previous one at her new office, but depression and a lack of ADHD meds do a number on your memory, motivation, and procrastination.

So you were given a solution by the college but failed to follow through with the solution and now your mom wants to sue the college for what exactly? You can't sue someone else because you failed to do something.  How is it their legal responsibility to go to the psychiatrist and get you a prescription? How is it their responsibility to inform you that if you have a prescription in Louisiana you won't be able to get it filled in NY?

Yeah your mom can be sue happy and sue the one person responsible, which would be you but if she sues the college she will most likely lose.


Title: I work in Oklahoma as a foodserver and my employer takes .25/hr out of my $2.13/hr to cover a 'free employee meal' up to $6.50. Is this legal since i tend not to eat my employee meal? What can i do to fix it?

Answer:
 >Food Credit: The employer may take credit for food which is provided at cost. This typically is an hourly deduction from an employee's pay. However, the employer cannot take credit for discounts given employees on food (menu) prices.
http://www.dol.gov/whd/regs/compliance/whdfs2.pdf?cm_sp=ExternalLink-_-Federal-_-DOL

Given that they can do this as an hourly deduction, do take your employee meal, every time.  Take it to go, if you don't want to eat it.  Max out your $6.50.


Title: [VERMONT / MAINE] Some kid stole my sister's phone, which exploded in the child's possession, and now the kid's parent is trying to sue us for injuries

Question:
Yes this is an extremely weird situation. Here's the backstory:

My sister [lives in Maine] bought a shitty Chinese phone from Aliexpress a year ago. Up until today she had no problems with it at all (that she remembers, she isn't great with tech). She is visiting me [live in Vermont] for a few weeks.

This afternoon I smelled something metallic in the kitchen and asked if she knew what it was. She said she didn't know. I noticed a little bit of clear smoke coming from her purse and realize her phone was smoking. We panic a little bit and put the phone outside on my door step and start trying to fan the fumes out and looking a glass container and baking soda. A few seconds later we go back outside and see the phone is missing and see some kid running down the street. I immediately run into the street and scream "BRING THE PHONE BACK! IT'S ON FIRE! IT'S NOT SAFE! YOU'RE GOING TO GET HURT! PLEASE BRING IT BACK!"

We call 911 and tell them what happened. We tell them that phone was smoking and a fire hazard and chemical hazard (li-on battery). They say they're going to send the police out to look for the kid and a fire truck out and ambulance as well. An officer eventually shows up and questions us while other officers look for the kid. We don't hear anything else for awhile.

Fast forward a few hours later and a very angry woman shows up at my door. She says her son "found the phone in the middle of the street" and wanted to do the right thing and bring it back to us. But it burst into the flames the second he picked it up. He had to go the hospital for smoke inhalation and burns to his hands and arms. She says she's going to sue my sister for endangering a child, emotional suffering, and have her pay all of the hospital fees. She says she's also going to specifically sue me over the fact that the phone was on my property as she claims the explosion happened here in my front yard.

I haven't actually seen her son since he's still in the hospital but her ethnicity matched that of the kid I saw running away with the phone earlier, so I know for a fact that he didn't just "find it in the middle of the street." My doorstep is also 20 feet from the sidewalk adjacent to the street so that's another thing going for me. It also definitely didn't explode in on my property. I would have heard and saw that. Sadly I don't have an outdoor camera that caught this.

What do we do? We're panicking now. We have a meeting with a lawyer tomorrow but we're still scared.

Without video evidence I'm really worried that everyone will side with the kid and his mom. So far no other witnesses have come forward. It's just me, my sister, and the child. I'm really hoping that when the kid did wind up going to the hospital, they documented where and when he was picked up in the ambulance. That should be enough to show it didn't happen on my property, right? And possibly enough to show it was a theft?

I'm just so scared and confused for my sister right now. Any help would be appreciated. I know the lawyer is going to take care of it but it would be nice to have additional help and resources.

Topic:
Criminal Law

Answer:
 Tell the police that you found the thief and that you need a copy of the 911 call because they have threatened to sue you.

Answer #2: "over the fact that the phone was on my property as she claims the explosion happened here in my front yard."

"her son "found the phone in the middle of the street""

Let her explain that complexity to the judge.

Do nothing until she sues you or starts harassing you.  Don't talk to her or acknowledge her.  IANAL, but I don't think she's going to win on this one even if she does go through a lawsuit.
Answer #3: I'm guessing that when the police, and later the mother, were at your house none of them noticed the flaming wreckage of phone in your yard - because it wasn't there.  So for the mom's story to be true her son would have had to have *held on* to an exploding phone that was burning him badly enough to send him to the hospital all the way from your front yard to wherever the phone is actually found.  I'd love to hear his explanation for *that*!Answer #4: Your 911 call should be all the evidence needed to torpedo this woman's claims.Answer #5: If her son said that he found it in the middle of the street, then how did it explode in your yard? Her story contradicts itself. You'll be fine


Title: My college will not show me the housing contract I signed

Question:
I am attending a college in Rochester NY. For the past 3 weeks or so I have been having problems with my dorm, which has spurred me to look at the housing contract in case I want to move off campus. The residential life office has been less than helpful though. No one in the office seemed to know where to find the contract, and then the director told me my college no longer does paper copies of the contract at all.
They kept wanting to know why I wanted to see it, and were asking immediately if I was trying to trap my college by trying to find something in the contract I signed. I was told that the contract is online, even though I cannot find it on any website for my school. Where as most colleges have a pdf of their contract online for anyone to see. I was then told that, when I sign my housing application that I have the chance to send the contract to myself via email. But that is as far as I know the only way my college will let me see and read my housing contract. They would not give me a copy, and most in the office didnt even know where to find one.
Should I be worried about what I signed? And is there any way to make them show me the contract I signed?

Answer:
 No and no.  Save a copy next time.  Many institutions are using a new student checklist or a SIS to manage these now: this decreases the number of people who can pull one out of a drawer or even access one at all. Answer #2: I can't tell you about giving you a copy of the contract but I can tell you that most college on campus housing contracts require you pay for the full year regardless of if you stay the full year or not.  The reasoning is that's it's difficult to fill the spot mid-year.  In my experience colleges are also notoriously hard nosed about making exceptions to these policies.  I've tried to help several students on this issue over the years and not once have we been successful.

Instead of the housing contract, you might try looking at the student handbook to see if there's a housing refund policy listed in there.  Or the financial aid page refund policies.


Title: Can someone explain "all tenants are 100% responsible for the full rent" being paid in my situation?

Question: I signed a lease in NY with a room mate that stated we were both 100% responsible for the rent to be paid. Fair enough we both paid our half consistently. I had to move across the country for work (non military) so I had asked my landlords if we could work something out. Saying yes, yet not changing the "no subletting", part in their lease. This bugged me but I trusted their word and had no better option. Before I moved, they made me find a tenant who would sign a 3 way lease that amended the first one making it so myself, the new tebant, and my room mate would be 100% responsible for the lease, they made me make sure my room mate approved of him (my room mate could not care less about making the time to do so so I lost a few great prospects), and had to meet them as well. I got someone to jump through these hoops and moved out. Just found out a week ago that the new tenant skipped town, no one has done anything to try to replace him, and I owe half the rent.  Can anyone help?

Answer:
 You agreed to be 100% responsible for the rent. This means if anyone else doesn't pay, you need to pay rent in full. Not just 33% or 50% or whatever, but 100%

This is actually fairly common in just about every lease I've ever seen, though it's usually referred to as joint and several liability.

You need to pay the rent, or at least whatever share isn't being covered by a roommate.


Title: I have an order of protection on my ex and he's been posting indirect threats online, i fear for my safety

Question:
(illinois) the order of protection is good for another whole year, he can't go near me or my son. but i check his personal blog sometimes because i fear he might be up to something. he posted these things that I fear are about me:

"screenshot this one and remember that i'm coming, different face n different gear, ski mask with all black n no remorse for the taking of your soul"

"might call immigration and get you deported today before you make it home lol"

(i have DACA i can't be deported but he thinks it expired)

"i have sinned and will keep sinning, lord forgive those who cross my path n have to suffer n go threw hell with me"

Answer: You realize you're doing exactly what he wants you to do right? He wants you to read those messages and be afraid. Stop giving him what he wants and just ignore him.Answer #2: you need to stop checking his blog. there's no reason other than to scare yourself. he's allowed to make what ever posts he wants as long as he doesn't mention you. he's only doing this to scare you


Title: IA/IL: The tale of the missing will...

Question:
Asking for a friend - their father is getting up there in age, and he was always told that dad had a will. Mom's been dead for couple years. Dad lives in IA and owns a residence in IL. If Dad dies, and no one knows where the will is (one of the lawyers who had worked on it has since retired, the practice was bought out, but no one knows by who), does it just get treated as if there is no will? Would everything default to the adult children? Would it be possible to see if a will has been filed - if so, should he look in dad's current county/state or previous county/state?

Estate planning has been brought up. Dad is uncooperative, and my friend is just trying to get an idea of what he'll have to deal with when dad died - there is property, so most likely not a small estate affidavit.

Answer:
 If nobody can find a valid will, then yes the estate will be treated as if he died without one.  It's possible it's been filed with probate courts somewhere as a living probate, but you'd probably know about that because it's done to prevent challenges later and requires hearings and notification to all beneficiaries.  Or it might be kept by the successor to his prior law firm.  Or just sitting in a safety deposit box.

If he dies without a will, then the probate is handled based on which state he lives in.  In both IL & IA, that would mean the kids inherit everything in equal shares.


Title: Tow Truck Driver abandoned my 69-year old, diabetic, mother on the side of the road in 108* heat in SoCal. What can I do?

Question:
So today's been a long day...

My parents live in a remote area in Southern California. This morning, my mother insisted she could drive herself to her book club by herself. My father let her go alone.

About 50 miles away from home the car overheats, and she's stranded on the side of the road. She calls my father, and then the insurance company, and they send out a tow truck. At this point it's 104 outside where she is. After 2 1/2 hours, the tow truck still hasn't arrived. She calls back the insurance company, and the rep agrees it's taking too long, says it's ridiculous, and starts to order her a new one.

While she's on hold with the rep, the tow truck driver finally shows up and moves her vehicle on to the flatbed. The rep comes back on the phone, and my mother explains the initial tow truck driver arrived, and all is well now. The rep says; "Okay, we'll just cancel the second one then. You have a better day Mrs.[name]"

Seconds later, the tow truck driver looks at his phone, makes a face, and proceeds to UNLOAD MY MOTHER'S CAR RIGHT BACK ONTO THE GROUND. She starts frantically asking what he's doing, and he says; "Calls cancelled. I'm leaving." She tells him "No. They just cancelled the replacement tow truck. You're here. It's fine." He says; "Take it up with your insurance, lady..." and starts to leave. At this point, my elderly, diabetic, mother who walks with a cane is now begging with this piece of human excrement, saying; "No, listen! You can't leave me out here! You're my tow truck! It's 108 degrees out here! You can't just leave me out here alone!" To which the shitlord replies; "Not my problem." And takes off.

It took another hour and a half before my mother got another tow truck. I'm thanking a higher power she had thought to bring extra bottles of water in the car so she didn't fucking die on the side of the road. I have nothing but praise for the car dealership when she finally got there. They sat her down, gave her water and food, and did their damndest to make sure this little old lady didn't die on their sales floor. By the time my family got to her she had vertigo, her blood sugar was way too low, and she wasn't in good shape.

I feel like crucification of the tow truck driver would probably not be taken well by people who don't know this story. So I'm looking if there's any legal action I can take against this diseased human tumor for almost KILLING MY MOTHER.

If anybody knows a good lawyer in or around Los Angeles who can help with this, I would be very much appreciated.

Thank you for your time.

Answer:
 If she was suffering a diabetic problem she should have called 911. A tow truck driver doesn't have to provide medical care. Answer #2: It doesn't appear that she has any damages for any legal action.Answer #3: Call the tow company and complain. That's all you can really do. Maybe let her insurance know so they will be less likely to use that company again.Answer #4: His call got cancelled.  He is not responsible for your mother. She could have called a cab. Answer #5: > She calls my father

Where was your father? Not saying anything is his fault, just curious why he didn't go get her. Only one car?

When he looked at his phone and saw that the call was cancelled, he wasn't getting paid for being there any longer.

Unfortunately, I don't think there were any damages. The guy was an asshole but I doubt he can be sued for not giving someone a ride.


Title: How to deal with racist landlord?

Question:
North NJ

I (person of Indian origin) was looking for apartments in Northern NJ and found an apartment I liked in a predominantly white neighborhood. So I called the number and a lady picked up.

She was a little weird at first. I said I have a 5 year old son. She says "There are a couple of bratty kids next door of the same age. I dont know if you would want to live here."

After going over the house details and how many people will live in the house etc, she asks my name. I say it and she says "I am not interested. Good bye."

I heard it but did not understand fully and thought that maybe the line got disconnected. So I called again. She yelled "I wont rent it to you." I asked her "May I know the reason why." She said "I dont want people from elsewhere living here."

So here is my question - Can she do it legally? Do I have any rights in this regard?

Answer:
 You may be protected by the Fair Housing Act, but there is not enough information to come to that conclusion.

That said, you can still file a [Housing Discrimination Complaint Form](https://portal.hud.gov/hudportal/HUD?src=/topics/housing_discrimination) to put her in check.Answer #2: Judging by what you said, the woman is obviously shallow and a jerk.  With that being said.. would it be worth your time and energy to fight her to force you to live there.. and then if you win, the prize be that you have to live there and deal with her all the time?  She's not changing, trust me on that.

Life is too short to have to deal with people like her everyday.  I realize you may like the apartment but you are going to make yourself miserable if successfully force your way in there.

You are much better off surrounding yourself and your son with positive people, there are plenty of us out there! :)

Wishing you the absolute best of luck to you in your search!


Title: Landlord wants to evict us because of noise complaints. She claims that she has warned us before, but we have never received written or verbal warnings. Ontario.

Question:
I moved into an apartment with someone last summer. I had believed that we would be an excellent match as roommates since we seemed to live similar lifestyles, but that has not been the case.

He drinks all the time and often has friends over. They are still awake when I wake up for work. He often has parties on weekdays because of his schedule. I work Monday to Friday and have only had people over to drink once or twice since we moved in, and we are always respectful of the other tenants in the complex when we do. Because of this, I spend most of my time at my boyfriends house instead. Yesterday was one of those times.

Today, we received a letter from our landlord that stated my roommate had people over who buzzed every apartment for two hours to let them into the complex. He also had a verbal altercation with one of the other tenants while drunk. And there were people in the hallways between 1 and 3 am. I was not there for any of this. Apparently last week this happened as well, and there have been complaints that tenants can hear parties on the balcony. I never use the balcony because I'm not a smoker and it is cold outside now. I'm not sure if this was in reference to the summer, when we would spend time on the balcony, but I believe it was always a reasonable amount of noise. At least it was when I was there.

In the notice, she asks that we move out in February. Our lease is up in the summer. She also states that we have been warned before, which is not true. She once texted my roommate to ask him not to throw cigarette butts off the balcony, but there was never any formal notice or mention of noise levels. I'm also not a smoker, for what it's worth.

So, I am extremely upset about this because I do not want an eviction on my record when I am not the one who even caused the complaints. I understand that I should have better choice of roommates, but I had no idea that he had misrepresented himself. He said he was sorry to me and that he would never have people over, but I'm concerned that after a few weeks he will think it's okay and another incident will occur.

I can't afford to live alone. I have no one else to move in with, and I'm set to move cities next summer. I can't sign another year lease because of this. I can't afford first and last or moving costs. We lucked out with this apartment because it is very affordable. I was expecting to have more time to save up. I don't want to have to move out, and I don't want an eviction on my record either.

For what it's worth, the letter she sent was just a letter that requested we move out. She didn't fill out any forms or anything. I'm not sure what to do now. Should I move out on the date she gave us? Or should I stay and plead my case to her?

Answer: Collect screenshots of all the texts between your roommate and the landlord as well as your own texts with the landlord. Scan the letter she sent you and keep it as evidence in case it turns into anything legal.


Title: Landlord suddenly charging more than preferential rent, help?

Question:
I live in NYC, and signed a 21 month lease at 1875 a month. We paid the first 13 months up front, and my father is the guarantor.

Today they have started charging me 2700 instead of 1875, which is the preferential rent.

Is there anything I can do to to lower my rent? I can pay the 2700 but it is absolutely ridiculous and really this apartment is not worth that much.

Please help, I am frantic and so lost and so angry at these people. They didn't even install a heater until late February this year for me, and that was only after I threatened to sue.

Please let me know if you need more information, I'm having trouble thinking clearly right now.
Topic:
Landlord Tenant Housing

Answer:
 Alright , everyone here is missing the point. A preferential rent is an option the landlord has to charge less than the legal rent for a rent stabilized apartment. The legal rent here is 2700/ month, which the landlord cannot charge more than except when the lease expires.  21 month lease is very abnormal, especially for stab apts.  Your building has to be a J-51 tax abatement as the threshold for destabilization is 2500/ month unless there is an abatement.  You will have a preferential rider in your lease that should outline the terms, it won't be the main lease at all.  Most likely it should be the preferential rent for the duration. Also either the landlord is trying to sell the building, or you were a very disruptive tenant, or they are very shady.  Lmk if you have other specific questions.
Source: 10 years in real estate.


Title: [NH] Landlord lied about there being a fire escape

Question:
My girlfriend and I recently moved into a 2nd floor one bedroom apt. When we were viewing the place the landlord showed us a door leading to a steep staircase and told us that was the fire escape. Besides that exit the only means of egress is the front door of the apt. which leads to a small vestibule. On the day we moved in we tried to use that fire escape staircase to move in furniture and found two doors at the bottom: one leading to a neighbor's apt. and the other (which seemed to lead outside) padlocked shut.

We asked those neighbors why our (seemingly shared) fire escape was padlocked and they said some guy had been hanging around in the stairwell and they put that in to keep him out. I take this to the landlord in an email (hoping to have the padlock replaced with a deadbolt unlockable from both sides) and he tells me he doesn't "work" on the weekends and to wait for the first of the week to hear from him. That day comes. Nothing. He eventually tells us he will be down Friday morning to address problems. I went to work and my girlfriend waited around for hours and finally left to run some errands at 1. He was a no show but emailed later saying he'd get back to me first of week (never did once again). He has not once directly addressed the problem with the fire escape.

Yesterday, fed up with this, I went and spoke to those neighbors again and asked for a key to the padlock so we could at least get out in case of a fire. They invited me in and showed me that the door I thought was a fire escape was actually their closet they keep locked. There is no fire escape through that stairwell and no fire escape (or even a second entrance/exit) anywhere in the apt. I feel super paranoid now, and ultimately like I've been disrespected and lied to. We don't feel super comfortable remaining here and we don't know what to do.

Thanks in advance for any advice, friends.

Answer: Have you checked with code enforcement where you live? If your apartment isn't up to code then he hasn't delivered a habitable unit to you which is a breach of your lease and you can vacate without penalty.  You will probably have to give him written notice of this, but it's unlikely he can/will fix it. The city/county may tell him he can't rent it again until he brings it up to code. In the meantime I'd get one of those fire escape ladders right away.


Title: Child pressured to recant testimony of abuse. Illegal or just social worker stuff? [AL, US]

Question:
Sarah (11) says mommy grabbed her and moved her by the neck.

Jessica (17) witnessed the incident.

Children haven’t spoken to each other about the incident to father’s knowledge and older child Jessica processes out loud.

Incident occurred in police department parking lot for visitation exchange. No video, no police witnesses. Police intervened in the argument prior to any 911 call.

Sarah was “traumatized” according to officers on scene. Sent her to the ER with dad when he arrived and while the nurse and social worker can’t see bruising, ER diagnoses neck contusions. Father photo documents for 3 days. Bruising is very very hard to see, but for neck injuries, my and father’s research says even without marks the injuries can be serious to the vascular tissue.

Three officers were writing reports. Only one report has been filed a week and a half later. It cites an ER nurse saying no bruises were visible and generally gives mother’s side of the story that she didn’t lay a hand on her.

CPS social worker declares before seeing medical record that mother didn’t touch the child.

Judge in this ongoing custody case didn’t want to talk to Sarah because he didn’t want any of the kids subjected to more interviews.

Mother and social worker take Sarah 1 day later to a forensic interview center where (Sarah reports to her father via text) she is told by a police officer that he “knows she is lying” and her mommy will “go to jail” if she doesn’t change her story and this child will “be arrested” for “faking” her panic attacks and lying.  Police do not use this forensic center to interview children.
From text
“A investigator who started telling me I was lying and mommy was going to jail because of me and I would get arrested”
“he said he could arrest me”

An hour after this interrogation, older sister Jessica gets a phone call from the police department saying Sarah recanted her story and there is a warrant out for Jessica’s arrest and she has to change her story. Two lawyers confirmed with the police dept three separate times (latest 3pm) there is no warrant. Caller was male, didn’t give a name, and used female det.’s phone (dad and Jessica looked up the number).

Sarah is recorded on a phone call with dad that evening crying and saying she “can’t” stay with her mother and asks why everyone thinks she is lying. Dad asks “are you lying?” Sarah says “no”. Dad says “just tell the truth, I wasn’t there, I believe you and you are strong and you can get through this.” Very difficult to listen to this young girl just breaking on the call. Dad worried about suicidal ideation as older sister has past attempts that began around this age.

Lawyer confirmed this state wouldn’t arrest a minor for lying to police. Could Sarah’s account be of a legal CPS type interview or is dad right to think none of this is okay?

Trying to help talk him down and get him to follow his lawyer’s instructions (lawyer is gathering evidence to figure out the situation and be certain of facts before filing anything but holiday means quite a delay for court) but he is going mad with worry for his child and thinks worse treatment could be on the way. Wants to go over people’s heads and contact state rep and DHR Deputy Commissioner.

Thoughts? Perspectives? Advice?

Topic:
CPS and Dependency Law

Answer:
 Dad needs to give all of this to his lawyer. Jessica should talk to a teacher or counselor (mandated reporters) at school about the whole situation.Answer #2: IANAL, but sounds like witness tampering. Lawyer, cops.Answer #3: IANAL, however I work in an Alabama law office.

1) Is the "social worker" who took the child DHR or CASA/CAJA?  There is an important distinction there in Alabama.  CASA/CAJA workers are laypeople assigned by the court to "assist" in juvenile cases.  They are NOT Department of Human Resources/CPS agents.  Often times they are wonderful, however from the recitation, you either have someone who is grossly overstepping their bounds or someone that is new and incredibly stupid. If they work for DHR, then contacting their supervisor would not be out of the realm, because they need to know what is being said.

2) Has the court given Sarah a guardian-ad-litum? If not this may be worth hiring or asking for as that person is there to protect Sarah's interests.  If she has one, make sure that person is contacted regarding this incident.

3) Forensic centers interviewing children have audio/video in the rooms, if there is no record of this interview, something terrible and fishy has gone on.  If there is video, your attorney is going to have kittens, as will I expect the judge.


Title: Package might have gotten seized, what do I do next?

Question: [removed]

Answer:
 >what steps should I take to protect myself?

You should stop buying illegal substances, and you should stop having them shipped to you.


Title: In Missouri. Can I buy real estate without my spouse knowing?

Question: I made a terrible mistake when I married him, and I am planning on fixing that mistake soon. But I will need a place to live. I've found a property I really like. It would be easily affordable on my salary. Can I get a mortgage and buy real estate without him being involved? I had to sign when he sold his last house, even though my name was nowhere on it. Thanks for any guidance.

Answer:
 You're not legally obligated to notify your spouse during the purchase, exactly, but you _will_ be obligated to disclose it during the divorce as part of your asset disclosures. Depending on where you get the money from, it may be considered a marital asset and subject to division.

On balance, talk to a divorce attorney before you put an offer in, if at all possible.


Title: Belfast - How do I evict a gay tennant from my home legally asap?

Question:
[removed]
Topic:
Troll Post

Answer:
 It's illegal to evict someone (or not renew their lease) for being gay in Northern Ireland: http://www.nihe.gov.uk/equality_bulletin_22_-_sexual_orientation_discrimination_in_ni.pdf

You cannot evict him until June as long as he keeps paying rent, and you cannot decline to renew his lease for being gay.

Illegal evictions are criminal in Northern Ireland.

If the three of you don't want to live with him you need to find somewhere else to live, and allow him to stay and occupy the unit. Try to convince him to find new roommates I guess.Answer #2: what a bell end you areAnswer #3: Hello!

Can you please tell us why you do not want him to live with you?Answer #4: > One of our flatmates recently came out as gay, and me and 2 other people do not want him to live with us.

What do you think will happen to you? He hasn't changed as a person, literally all that's happened is that you've found out he's gay.... which he was before he came out to you.


Title: Is it possible to claim Squatters Rights in Denver, Colorado?

Question:
I am currently renting a house with 4 people at the moment and two of them have decided to move out. The problem is that me and and the other two roommates are not on the lease and the landlord isn't being cooperative in transferring our names on to the lease more than likely because of the high probability that they are going to tear this house down to build something new in short time. My question is, would it be possible that after the current lease holders move out that me and my other two roommates could claim squatter's rights on the house? If so how would one go about doing it?

one more detail: I've lived here for five years off the lease and the other two have been here for about two.

Answer:
 You can refuse to leave, the landlord can then evict you. If after an eviction hearing you still refuse to leave you'll be removed by the local sheriff.

"Squatter's rights" isn't what you think it is.Answer #2: "Squatters' rights" means you'd get to hang on to your occupancy through to the end of the eviction process, long enough to be kicked out by the sheriff's department, just like any other overholding tenant. It would not allow you to force a tenancy upon the owner against their will.

Since an eviction would follow you for seven to ten years, influencing your future landlords' decisions to not rent to you or to require a cosigner, that seems like a bad strategy choice.


Title: Nurse practitioner made a medication mistake.

Question:
I was recently in treatment for an opiate addiction. I was given a drug called Subutex which contains Buprenorphine. Buprenorphine is given to alleviate withdrawal symptoms but it is still is an opiate. The nurse practitioner at the treatment facility prescribed me a drug called “Naltrexone”. Naltrexone is an opiate blocker. If you were to consume any opiates while on naltrexone it would have no euphoric effects at all. Also, you have to wait 10-14 days after taking ANY opiates before you start taking naltrexone. If not you will go into a violent withdrawal called “precipitated withdrawal” which is essentially heroin withdrawal x50. The nurse practitioner at the treatment facility advised me to start the naltrexone 3 days after my last dose of Subutex. I did that and went into precipitated withdrawal. It was the worst thing I’ve ever experienced by far and I had to go to the emergency room. It truly traumatized me. I literally thought I was going to die.

The nurse practitioner admitted that it was her fault and she was counting it from my last heroin use and not my last Subutex dose. I had no idea about the 10-14 waiting period until after I did research on it. I also found out I was the first person that this happened to in the history of the company. And they prescribe naltrexone to almost every opiate addict.

Do I have a case? Is this malpractice? This happened in the state of Arizona. If more information is needed don’t hesitate to ask. Thanks in advance.
Topic:
Medicine and Malpractice

Answer:
 These drugs can be prescribed together, and within 14 hours of short acting opiods - e.g. see here: https://www2.health.vic.gov.au/about/publications/policiesandguidelines/buprenorphine-naloxone-prescribing-brief-guide

Unless you were off-label for your jurisdiction, it may be hard to make a caseAnswer #2: Talk to a lawyer because medical malpractice is super fact specific.  You have to prove not only that you suffered damages, but also that the person did not treat you with the necessary standard of care.

It's definitely worth talking to a lawyer about this.


Title: Stalking Injunction violation?

Question: My boyfriend and I live in Tampa, FL and he has a temporary restraining order against his ex for stalking. The court date is set for tomorrow. Now she has a YouTube channel that is filled with videos about/directed at my boyfriend and these have been going on for several months. But, over the past several days since she has been served she has been making YouTube videos saying that bad things are going to happen (like the world is going to end, he is going to have a seizure, he is going to become injured, etc.) if he pursues the court hearing and doesn't contact her. These videos we have been saving and putting on a USB to take to the hearing, but our question is that today she put a video saying that her ex husband will shoot my boyfriend if he shows up at the hearing tomorrow. Now we know that this is an empty threat because her ex also knows she is loony tunes and is not in any sort of cooperation with her or anything, but does this type of discussion violate the injunction? Would my boyfriend be able to report to the sheriff that she is making these kinds of statements on YouTube today?

Answer:
 > Would my boyfriend be able to report to the sheriff that she is making these kinds of statements on YouTube today?

Yes, report those threats. She has almost certainly violated the injunction.


Title: Car so late on payments it might be stolen.

Question: I have a friend who just moved from another state. He has a car that's from another state WAY late on payments, and we're afraid it's reported stolen. Because of this he can't put his name on anything around here. What do we do?

Answer:
 Assuming his financing is from an actual lender and not from Jimmy the Loan Shark, if he defaults on his loan then his car will (probably) be repossessed, not reported stolen. It's a civil matter, not a crime, if he defaults on his loan.

If he wants to keep the car, he should probably talk to the lender and find out if they're still willing to accept payments.


Title: PMI on mortgage question. Bank sold loan and terms changed without me knowing.

Question:
Here's what happened. In 2012, I refinanced my house with Bank A, which is a local bank who had previously treated me good, and said they never sold their loans. In 2014, they merged with Bank B, keeping Bank B's name. Sometime after they merged, they sold my loan to a big bank.

My PMI Disclosure document (which was signed and dated) states that the borrower can request to cancel PMI when 1) I reach the date when my loan is first scheduled to hit 80% of the ORIGINAL property value, or 2) the date on the principal balance actually reaches 80% of the ORIGINAL property value.

There is also a clause on Automatic Termination which will automatically terminate on the date the principal balance is scheduled to hit 78% (November, 2020).

Today, I went to my bank to put the chunk of money down so I could get rid of PMI. They told me that because they sold my loan, I have to follow under the new lenders PMI guidelines. The changes are, is that I now have to meet a 75% value of my REAPPRAISED property, OR hit 78% of the original value of the scheduled date, 11/2020 (This is the same as the original PMI statement).

My question is, is the PMI holder (?) required to honor my original signed contract with the original lender, or can they just changed their policies on a whim. Keep in mind, I have never signed anything after I had refinanced in 2012.

Edit: Also, nowhere the PMI disclosure does it mention selling the loan. I also live in Connecticut

Answer: PMI is federally regulated and has to follow the 80/78 rule you explained.  Now, if you refinanced, then the refinanced loan numbers are what counts as "original" property value for purposes of eliminating PMI.  When you refinance, it's essentially a brand new loan.  Either way, I don't see any way for that number to be 75%


Title: Can I sue reddit users for harassment?

Question: People on this website have taken to trolling me by repeatedly mentioning a current legal battle I have going on without knowing THE SPECIFICS about my situation. It’s really starting to piss me off. Can I potentially file a lawsuit and/or some form of digital restraining order against redditors who won’t stop fucking with me?

Answer:
 You can file a suit against anyone you want.

You are unlikely to win, even if you have provable damages, which you likely do not.


Title: [GA] My wife applied for SSI without disclosing my income. How can I protect myself?

Question:
My wife applied for SSI without disclosing my income. The SS office sent the money right away going on unknowing my payment. When the paper work was being processed they found out that I make too much money for SSI. My wife put the minimum income allowed for receive payments for our daughter (who qualifies for her disability). I have ever been contacted from the SSA to verify income. Nor have I signed any paperwork. I sent her some pay stubs but I think that she bent the truth to get the SSI.

SSA looked at my gross pay in their system and said that I make way too much money. Now she owes back the money for over-payment. I don't know why they didn't wait and did the verification first.

I know that this a big breach of trust. Other than that. Just preparing for worst case scenario. How can I protect myself?

Answer:
 Your wife could face a potential criminal charge but it’s unlikely to be pursued.

The most likely scenario is that the SSA keeps a record of the overpayment on file and, when she does become eligible for benefits someday, it will be used by them as a credit against future benefits.


Title: I am 6 months pregnant with no job, financially dependant on my (now ex) partner and he has just unexpectedly announced he is leaving me.

Question:
Hi reddit,

**Here is my situation:**

I am 28 years old and originally from Los Angeles CA. I met my (now ex) fiancé four years ago. He is 58 years old, a Swiss citizen and Monaco resident (never married and no kids). He is worth hundreds of millions of euros but (according to him) due to some complex financial situations his liquidity is apparently "limited" (at least for the time being). **I am currently 6 months pregnant** and he just announced unexpectedly he is leaving me. I am devastated and facing raising a newborn as a single mom, with very little job experience and no degree.

Together we have created a provisional separation agreement that would give me:

**$2 million as a one time severance payment**

**$200,000 annually (apprx $16,700 per month) for 18 years for alimony and child support (father will pay for all educational costs of our child until the end of his educational career and medical insurance of the child)**

**Currently I have in my bank account: $22,144**

**My first question is:** since we are unmarried and I still have not given birth, under European law this agreement is extremely generous. However, I am not sure if I could be entitled to a higher severance payment if this agreement is enforceable and interpreted under California law (I am quite confused with my situation being an American citizen but a Monaco resident, so I apologize if my question(s) aren't worded correctly or do not make sense...) Should I settle with the above agreement (is it fair? Technically I would be living well below the lifestyle I have become accustomed to over the past 4 years) or should I push for a higher severance payment and risk going into a legal battle (which he has already stated he would do if I asked for anything more and that he would bankrupt me and my family in the process)? My father is a tax attorney and seems to think that $2 million is not enough considering my ex partner's circumstances.

To give an idea of his lifestyle: he spends almost 2 million EUR a year on rent for his home, just purchased a home in LA for over $30 million (with a loan), is considering investing into a developmental property for upwards of $30 million +, rents an apartment in Germany and Zurich (apprx 120,000 EUR a year), owns a a yacht (valued at 2 mill EUR) and four super luxury cars.

**Two other questions remaining would be:** can he refuse to initiate any agreement under California law or is this something he has no control over?  Is he required to pay my attorney's fee's if this agreement is negotiated/handled under California law?

Thank you so much in advance for any support / advice!

Answer:
 You need an attorney. This isn't self help territory.Answer #2: Not trying to be judgemental, but if you can't make something of yourself with 2 million upfront followed up by 200k annually for 18 years, then I'm not sure how you can be helped in that department.  A lot of people figure it out with far less.

As far as the other questions, you need a good family lawyer to help you.  I'm willing to be your ex has an army of lawyers.  You will lose if you try to go up against him without an expert in your corner.  Answer #3: >I am quite confused with my situation being an American citizen but a Monaco resident,

California has no jurisdiction to compel a citizen of Switzerland to pay anything to a US citizen who he never married and has no joint assets in the USA.


Title: Being asked to remove photos of nieces & nephews from their mother that are in a profile book for an adoption agency.

Question: My wife's estranged & very hateful sister saw our adoption profile book and requested that the photos of her children be removed. Does she have the right to ask that? The public will not have access to them.

Answer:
 Of course she can ask. Asking a question is never illegal

Edit: who took the pictures? If she took them then she has the copyright and can decide how they are used


Title: [VA, Virginia] My mother has been enduring a possible allergic reaction or poisoning from her doctor's tests. This is not the first time this has happened and she's made it clear to her doctors. Potential for malpractice/negligence?

Question:
I understand that many of the details of this should be worked out directly with a lawyer, but there's a specific bit that I haven't found an answer to yet.

My mom's suffering through stage four lymphoma. Every 6 months or so she goes through a screening process that involves her consuming large amounts of a barium-based substance. We recently learned that most people subjected to this process are sick for up to about a day before it's flushed out of their system.

For seven years, she's been doing these tests and every time she has been out of commission for *5-7 days.* Besides the expected stomachaches and headaches she's also had to deal with vomiting, diarrhea, rectal bleeding, incontinence, and delirium. Drinking *water* would cause her to vomit it right back up. The only way we could get any water in her was to let her suck on ice chips for hydration.

This past Saturday it got bad enough that we almost took her to the emergency room because she wasn't consuming any water and we were afraid of her losing consciousness. She managed to start eating again, slowly, and since then [now Monday] she's been able to at least drink small amounts of water and keep some food down, but I wouldn't be surprised if she was incapacitated for at least the rest of the week.

She's explained her symptoms to her doctors previously but they insist she keeps taking the tests, even though they have admitted in passing they're not even necessary procedures as they can see her swollen lymph nodes at this point without using the scan. They brush off her symptoms as being hypnochondraitic and overdramatic, claiming they couldn't be that bad.

There's more to the story, but I don't want to get too specific about the doctors themselves.

What I need to know before going to a lawyer, is if there's precedent for this kind of malpractice. Most examples I've seen involve some kind of blatant physical injury like broken bones, severed arteries, etc. She has not gone to the ER in this state and if she's better by the time we make these claims there may not be any lasting evidence of her suffering. If she walks in recovered, do we lack the ability to make a case?

Thank you for your time.

Answer:
 Why hasn't she seen another Dr for a second opinion?

Having a bad reaction is not going to be malpractice. Considering she has been doing it for 7 years is going to work against her also. Malpractice is doing something contrary to medical standards. They are likely doing what they are suppose to do. Consult with a local medmal attorney who can look at her records