Title: [California] Sister and her in-laws lie to get parents to live life doing hard labor

Question:
My parents had to move out of the house they lived in for 5 years.  Sister and her in-laws lied and took advantage of our parents by offering to buy them a house, debts paid off, a comfortable life where they don't have to work another day in their lives, and $2000 per month.  Parents took the offer because the offer sounds much better than living their normal life.  Father retired and turned business clients away because of the move.  Sister and her in-laws tricked parents into moving into a rundown crappy, old, broken-down house next to their vacation house on a farm in the middle of nowhere in Lucerne Valley, CA, USA 60 miles from the nearest city just so that they can have someone to clean and look after their vacation house.  Our father faced verbal abuse from sister's father-in-law regularly.  $2000 per month was a lie.  They took the car that is under my brother-in-law's name that was lent to us, but we made the monthly payments for 3 years.  They tricked my mother who is due for brain surgery to live under harsh conditions out there.  Father worked day and night on the farm with no income but still having bills and payments per month.  They didn't pay my father a salary, nor did they allow him to work outside.  Even if they did allow him, his van broke down from the move and could not drive 60 miles out to the city for work.  Sister's in-laws told my parents to start growing marijuana (before it was legalized), but my parents didn't want to do that.  Parents didn't have money or a car to move out.  So after about a little less than a year of living like that, I helped my parents move out with whatever I had in my bank account, but now my father's business is dried up because my sister and her in-laws tricked him and lied to him.  He has insomnia, depression, and anxiety since the experience of being manipulated by his daughter and her in-laws.

Sister's in-laws were poverty stricken only a few years ago then suddenly got millions and millions of dollars overnight.  They claim it's money from selling a deceased relative's land in Korea.  Don't have bank accounts.  Buys 3 luxurious LA condos, several high end BMWs, a Maserati, the Lucerne Valley 80 acre farm property, and countless other luxuries with cash only.  They tear up all receipts and absolutely refuses to sign paperwork.  They claim they do not want to leave a paper trail.

What steps can and do you recommend my parents take to get justice for being scammed into doing unpaid labor for little less than a year, ruining my father's business, facing verbal abuse, and suffering emotional and physical trauma from all the labor and abuse?  And how do we need to approach the situation to bring people like my sister and her in-laws to justice?

Answer:
 Tldr: Your parents, working adults. Were offered something too good to be true. Yet they still took it. Stayed when the offer turned out to be false. Became bankrupt in less than a year by continuing to spend but not earn.

You think you should be able to sue another party for your parents poor decisions.


Title: Sue Them!?!?!

Question:
What options did or do I still have to sue my previous employer (Casino) for not looking into my employee case that resulted into my involuntary termination. I was terminated about a month ago.

My supervisor refused to work with me to find someone to cover a shift I needed off. I requested those days off 2-3 months ago.

When I approached him nicely about the matter, he flat out refused me saying, "your on your own" "figure it out." I tried to inquire as to why and he was being extremely unprofessional with his mannerism and his words. At this point he was accusing me of being difficult.

(Context: how can I figure it out if he is the only shift manager for the day I need off and he is the only one with the employee contact numbers at that time?) He was being completely illogical.

I decided to create some distance between us, and excused myself to the bathroom. when I came back, he brought over a security manager and asked me to leave for the day. He escalated the situation to extreme's. He pushed and incident report in my personal space and told me to write a statement. At this point, I am extremely upset with him and lashed out calling him a "racist prick."

(Context: I have been dealing with this man's unprofessional attitude for 2 years. He practically get's away with everything, because he smooches up to the Bar Manager and creates problems with employee's to make himself look competent in his position. He is an extremely toxic individual and although I got terminated I am happy I do not have to deal with him and his excessive mood swings.)

 (Context: In addition, in a morning shift me and another co-worker, are the only people of color in a group of 6. The others don't seem to complain at all about his behavior I suspect either because he treats them half way decent [meaning they smooch up to him] or because they are scared of him and his ridiculous threats. He is a prime example of a work bully! I have seen plenty of hard working good employee's leave the Casino because of his corrupt leadership and foul behavior, and I have even seen them rush to transfer to another department.)

I am trying to take 3 state exams to go back to school. And that department was the only one with morning shifts available. I had no choice but to choose that shift to work. I work hard, I am extremely respectful, I get my job done, and I go home. He honestly had no logical reason to be rude, but I guess bully's in the work place don't need a reason to be disrespectful.

I vented out my frustrations to him verbally, banked down, wrote my incident report, and was escorted to my car. I had never once hit or verbally threatened this man throughout the entire ordeal.

But what really upset me was how he flat out lied to the security manager saying that my attitude "scared him" and that he need to "take control of the situation." He is truly a despicable man! lol

I am probably going to get commentaries stating that I still should have maintained my composure and remained professional, but no matter how I sized up that day. I really feel like he targeted me. Like he would have done anything that day to send me home or get me fired. Remember I have endured his attitude walking on egg shells for 2 years. What I should have done was write incident reports of his attitude and sent it up to HR and not have waited so long to address his attitude. Mangers there are like a gang. They don't care if each of them made a bad judgement call, they will still back each other up, because they do not want to lose their position.

I was asked to leave on 14th of Oct
Terminated on 26th of Oct.

On my termination day the HR Employee relations person appointed to decide on final termination just came back from vacation. Probably barely skimmed my 6 page incident report. Took the account of one man and his coercing of higher managers to terminate me and decided to let me go. He did not follow up with anyone on the floor to interview people or investigate the situation. I know, cuz I asked. He said no to all questions. At that point I did not care to continue explaining myself. I signed the appropriate forms and was escorted to my car peacefully. Came back about 2 days later to return my uniform. He told me they could not offer grievance pay? Am I entitled to grievance pay? was this an injustice?

Is it too late for me? Can I still Sue? What is the cheapest way to use the law to get justice? I really feel like this is a teachable moment for that company.

Answer:
 > He told me they could not offer grievance pay? Am I entitled to grievance pay? was this an injustice?

No, and no.Answer #2: it's not their job to cover your shifts, or even give you the time off, its a time-off request, not a demandAnswer #3: "Teachable moment." Lol only one needing a teachable moment is you. For how bad you tried to make your boss sound, you only made yourself sound like an unreasonable crazy person.

You have absolutely no legal recourse against your employer. It was your responsibility to find a cover for yourself.


Title: My ex moved with my daughter, AGAIN! What can I file?

Question:
My ex (we were never married) is now in Alabama. I am in Ohio. She screwed me in court and was given permission to move our daughter (almost 4) to Nevada last year (March 2015).

I got my daughter for the summer. When it was time to go back she flew up and gave a bs story about not going straight back to Nevada and was going to visit her mother in Alabama.

After "visiting" for two months she texted to say that they were moving there and she had already filed all the paperwork so that my child support payments will be going to Alabama.

After my Christmas week visit with my daughter my ex informed me that she was going to be moving to her own place after the new year.

I do not have this new address. I do not know where my daughter is living.  Her mother moves around like crazy (I tried to point all this out in court but my lawyer sucked and didn't even file the right paperwork so I could fight for custody of my daughter.

There has to be something that I can file but I don't know what. Please help me.  Every lawyer wants $5,000 in order to take my ex back to court for custody. I'll worry about that later. Right now I just want to file everything that I can to prove that she is an unfit parent who doesn't work, does drugs, (I just smoke weed -- she does weed and pills -- in front of my daughter!), and moves around constantly! 5 times in Ohio, then Nevada, and now twice in Alabama.

Answer: With that many states involved, you really need a lawyer.


Title: [Florida] Neighbor wants to buy a small chunk of my property

Question:
Hi LA! (Location: FL)

I jointly own my house in an unincorporated part of a South Florida county with my mom. I relocated here from NY and all my family and friends, including my mom, are still back there.

When I moved here in 2015, the first people I met and the only friends I've made here were my next-door neighbors. Although they are my friends, this couple has a documented history of not respecting boundaries, including being arrested for trespassing on the guy-behind-me's property, trying to adverse possess the empty lot behind them, and now this issue...

In 2017, these neighbors put in a fairly expensive pool and added a screened-in sunroom to their back porch. They did not follow the permitting process and have been cited by county code enforcement for encroaching my 20 ft setback. *Their only recourse is remove their screened in sunroom or purchase an approx. 9 x 30 foot piece of my fenced-in backyard to bring them into compliance.*

I don't particularly want to oblige them as they knew they were out of compliance due to their house being built within the setback. They were granted a variance on the house, but adding the screened room was not allowed. They knew this and built it anyway.

My mother wants to sell them the piece they need as a favor, but **I would like to know what questions I should ask before completing the sale**. She wants to do this quickly and easily without any conditions to the sale, like moving the fence to the new property line. Post-sale, they will effectively own a piece of my backyard. After this, she would like to put our property up for sale because she does not want to be neighbors with them.

Surveys have been done on both properties and the lot lines will be adjusted. If this is lawyer territory I understand, but was just looking for some practical advice from the LA community first.  THANKS Apologies in advance for the blog post. Here have a Shitty MS Paint Drawing® by way of apology.

[Shitty MS Paint Drawing®](https://imgur.com/mSeEl60)

Answer: Get a real estate attorney ASAP.  These people are already known problems in the neighborhood and have failed to respect other people and now they're telling you they want to buy your land but are trying to shortcut it.  Get someone to represent your interests and make sure every insane possible contingency is covered.  You have all of the power in this situation.  They're in the wrong, they know it, and the city knows it.  They can take your offer, or tear down their porch.  Anything short of "exactly what you demand" should be met with "thanks but no thanks"


Title: Could unpopular opinion hesitate prosecution?

Question:
Say someone gets arrested for a crime that most people who know of it think is dumb, And they win a charge. The people who heard about it are appalled and write about it. It goes viral and almost everyone agrees that this is stupid and he shouldn’t have been sent to jail.

Could public opinion lead to the Gov not enforcing a law as much?

Does the Gov really care about public opinion?

Answer: One could argue that public opinion got the West Memphis Three out of prison.


Title: I paid an acquaintance to take photos of my newborn in the hospital but they didn't show and now are not replying to me.

Question: I paid someone who I know through a friend 200 dollars to take pictures of our newborn in the hospital. She has taken professionals photos and has a photography page on Facebook. We contacted her the day of labor, told her he was born, and even asked her which day would work for her and the day we would be discharged. She agreed to a time then the day off texted and said she had pink eye. I don't want anyone with pink eye to come near my newborn so we agreed to do the photos when she was better. However, that day a friend showed us a photo of her on Snapchat out drinking that day. Which I don't really care what you do, but when we paid you to do something and agree to a time then you lie and do something else it becomes an issue. We messaged her the day after she said she'd be available sometime this week then we messaged her yesterday and today but now she's ignoring us. I asked for a refund but she is still ignoring me. She cashed the check already as well. What can I do?

Answer: You can wait, you can continue to bug her, or you can sue her in small claims court. What was your arrangement in terms of when she would edit and delivery the photos?


Title: Son’s mother moving out of state

Question: Yesterday, I talked to my son’s mother and was informed that she had just married a guy in the army and is moving on base with him in Tennessee. They currently live here not far from me in South Carolina. She told me that they are moving in two weeks. I had no idea about any of this. I’m on the birth certificate, but we’ve never been to court and have no legal agreements. What can I do?

Answer:
 > I’m on the birth certificate, but we’ve never been to court and have no legal agreements. What can I do?

Well, first you should clearly state here:

1. What problem you're trying to solve.
2. Your objective; what do you want to accomplish?


Title: My lawyer wants $500 for copies of my documents. Is that legal?

Question:
I am in NYC and in 2012 i applied for DACA with my then lawyer. since then i have been renewing my application on my own but this year all of a sudden my application was halted and received a request for additional evidence. part of the documentation that USCIS requires of me, I could not find in my own records. I suspect that my lawyer forgot to give me copies because I have the same exact folder she handed to me back in 2012.

I reached out to her and it seems she has 5 pieces of paper that I need and she wants to charge me $500 for it. I asked her why she can't just send it to me because they're copies of MY documents and she replied with this:

"Please remit payment of $500 so I can continue to work on your case and read your multiple emails."

I'm wondering what my options are with her -- she knows I'm on a tight deadline as my work permit expires in 3 weeks and I need to send in those documents. She also said if I want her to respond to USCIS, she will charge me an additional $500 for a total of $1,000.

What can I do to get my documents back?

Answer:
 Review your engagement agreement with her. It should have a clause that discusses document retention. In NY, if I recall correctly, the minimum period is seven years.

A typical engagement agreement will have a clause similar to "the documents in your file are your property and we will return copies to you at your request."

I'd find that clause, and quote it back to her asking her what's going on. It's possible that she's moved your files off-site to long term storage and requires a bit of time to collect the documents for you.


Title: Is it legal for an employer to require that girls wear makeup?

Question:
My girlfriend absolutely hates putting on makeup, and would rarely ever do it if it weren't for her job. I would totally understand if it's required for models or people who work in an industry where physical beauty is part of the actual job...however, she has worked at Victoria's secret (as a cashier), as well as 2 different waitressing jobs. All 3 of them have yelled at her, and Victoria's secret almost fired her for not wearing makeup some days. Is this legal? (Florida)

EDIT: Thank you, my question has been answered. For everyone asking, I promise I am not being a troll. (can't understand why everyone writes me off as troll as soon as I bring up an analogy that includes race)

Answer:
 Based on what you describe, yes.

She could get fired for almost any reason legally. If he job is based on customer interaction and sales, then yes she could be fired for refusing to play the part.

Answer #2: Legally, she can be fired for any legal reason.  Illegal reasons relate to membership in a protected class.

Preferring not to wear makeup is not a protected class, therefore she can be fired for not wearing makeup.  She could be fired for the clothes she wears, her perfume, her haircolor, just because the boss wanted to, etc.


Title: Comments from a female coworker that would be considered harassment by a man.

Question: \[CA\] I am a mostly timid person, extroverted, and do not like attention focused on me. I have a female colleague who consistently makes comments on my appearance. It is mostly about my clothes, but also about my physical appearance. It ranges from things like ‘you look great in that shirt’ to complements about my hair, but she also has made comments about my ‘booty shape’ in a pair of jeans. I hate it. She does it when other people are around and it really embarrasses me. It happens multiple times a week. She seems to single me out, probably because I am shy, but otherwise I have no idea why. I act embarrassed on purpose, but I am too shy to ask her to stop, and I don’t want to start any issues. I can’t help thinking that if she were a man, this would certainly warrant a complaint. We have an HR department, but it is literally one person. Our company is very small, so reporting this to HR may cause me to have more unwanted attention. If I complain to the HR person, do you think they would do anything? As in, is this sexual harassment, even though it is coming from another woman? What do you suppose they would do? My concern is that I would just be told to learn how to take a complement….and then I would look bad.

Answer:
 Either report it to HR or send her an e-mail asking her to stop Answer #2: You have to give her a chance to change her behavior before it can become an HR issue. She probably has no idea what she is doing is making you uncomfortable. Talk to her privately and let her know that while her compliments are very nice and she probably means well, they are also making you uncomfortable. Going to HR right now might make the problem bigger than it already is when it is possible it can be solved easily by just letting her know you're uncomfortable.

Now, if you've asked her to stop/told her it makes you uncomfortable and she continues- that will be an HR issue.Answer #3: AH!! NO NO NO! Tell her to stop, that the comments are making you uncomfortable, and if it doesn't tell your manager or HR immediately! This is making your workplace hostile and is not okay. Good luck.


Title: Question about massage parlors and the law.

Question:
So, let's say hypothetically I visited an Asian massage parlor for the first time in my life today.  Upon leaving the parlor, a person in a car in the parking lot took my picture with his cell phone and drove away immediately.  His car did not have a license plate.  Do I have anything to be worried about.

Location: Georgia

Answer:
 Why on earth would you worry about visiting a massage parlor? ... Unless you were doing something illegal there? Answer #2: Sounds more like a private investigator than a cop to be quite honest. As far as the cops are concerned, a picture of a person exiting a massage parlor is quite worthless if trying to pin a prostitution related charge on someone.

However if it's a PI, that's a whole other ball of wax. Do you have any jealous lovers?


Title: Please Only serious readers involving state school battle against tuition

Question: [deleted]

Answer:
 >I am specifically talking about the First Amendment "Free exercise Clause" that grants all American citizens the right to worship any denominational choice of their will.

You don't understand the First Amendment. It allows you to be Jewish without the government interfering. It does not allow you to break secular laws or to exit contracts on a whim. You voluntarily withdrew from school and didn't get anything in writing regarding the tuition expense.


Title: Attempting to draw from a "defined benefit plan" pension from the Laborers' Union early.

Question: I am located in the United States (Ohio) and would like information as to what my next step should be for attempting to draw from my retirement plan early. I joined laborers' union at 19 and recently withdrew my membership at age 25. I was a member for 5 1/4 credit years which makes me "vested" into the retirement. I haven recently stopped paying dues and am left the union to pursue work elsewhere. When i called to see if i could get my pension early they told me i have to wait until i am 60 y/o at which point i am entitled to $632 monthly for the rest of my life. I was told i couldn't withdraw any money early because it is defined as a 'defined benefit plan". Is that in some kind of fine print that i didn't read when joining the Laborers' or is there something i can do to get the money i worked for early?

Answer: You can't. That's what a defined benefit plan is.  Some allow you to start taking a reduced benefit amount at 55 but certainly not 25.


Title: Underage Girl send nudes, I stopped talking now father is threatening legal action

Question: I'm 22M, I matched with this girl on hinge and a red flag should've popped up cause her pics looked grainy and old and one looked like an entirely different girl but I went with it. Her profile said she was 20, things went well so I asked for her SC, but she said she used to have one so we started texting. I got curious and I looked at SC after I got her number and it was a dude's bitmoji, I figured she had been messing around and didn't think much of it. In the end, we were texting and I asked for her to send me a pic, I asked for underwear but she sent a nude, but I didn't think it was a problem cause I thought she was of age. That all happened yesterday afternoon and now her dad just called me saying he wants to pursue legal action unless I help pay for a physical altercation that happened between his wife and his daughter because of me. I'm pretty sure there was never a daughter in the first place and he was pretending to be the girl and sent me random pics of a girl he found somewhere and he's just trying to extort me for money but I'm not too sure. Any advice?

Answer:
 This is a scam. There is no father, and likely no girl. Block the number and move on.Answer #2: This is a super-common scam.  There is no daughter, no father, no wife, and no altercation.  Block and move on with your life.

LPT:  Don't trade intimate pictures with somebody until you've seen the parts in question in-person first.Answer #3: This is a scamAnswer #4: Extremely common scam. The girl doesn't exist. It's some guy in a foreign country trying to squeeze money out of you.

Block and move on.


Title: Lawyers of reddit, what was your highest legal education?

Question: This is not a legal question but it's the best place to ask since this is where all the lawyers gather.  Did you obtain a Masters or a Ph.D/SJD?

Answer: I'm currently in 5th grade.


Title: As an American citizen expat, would a divorce I get abroad be honored at home?

Question:
That says at all. In the past year, I've spent less than 3 weeks within the US, so I think I definitely count as an expat.

My job has me travelling a lot. For the next year, I'll be working in an Asian country where divorces go a lot better for men than the US state I'm from.

My question is, if I separate from my wife abroad, could she move back to the US and would jurisdiction over a divorce follow her? What if I get a "quickie" divorce before she moves back? Would she have recourse if a foreign judge finds in my favor regarding things like spousal support?

The marriage is just shy of 3 years old. There are no appreciable assets and no children. She is mostly dependent on my income, and I am fine giving her temporary (but not long-term) support until she gets on her feet.

LOCATION: A US citizen currently in South Korea. I may need to move elsewhere, specifically to Thailand, for work, within about a year. Originally married in Colorado.

Answer:
 With a three-year old marriage and no kids, long term spousal support is not likely in any state.  I'm not sure who you've been listening to that's told you otherwise, but you should probably stop listening to them.

While foreign divorces are generally recognized in the US, the kind of thing you're talking about, involving foreign forum-shopping, could create a fight in the US that you'll spend more money on than simply getting divorced in the US ever could have.

The simplest way, by far, is for the two of you to reach an agreement, and for her to file in the US once she reestablishes residence.


Title: (NYC) Accused of downloading a torrent - Letter says I'm about to be sued

Question:
Hey Reddit Legal Experts,

I received a letter today in the mail from a law firm. It states that this is their second attempt to contact me (I honestly didn't see their original letter). Basically they say this is their final letter before they "continue to prosecute the litigation. This may include seeking permission from the Court to depose you and/or amending the Complaint to replace the current "doe" defendant with your name and serving you with a Summons".

I googled the NYC based law firm and it is legit. I also googled the company they represent and it seems that they are known for going after people for a certain movie, that I actually have never watched myself.

My issue is that I have a LOT of people over to my place all the time, including my girlfriend's daughter, all using my wifi. While I have never watched the movie, maybe one of them have.

I am getting extreme anxiety over this letter. I have not had a full time job in years and am struggling to just make it daily.

When I googled the company they represent, I saw that there are law firms offering to help settle this for $750-$1,000 in fees (probably not including the actual settlement).

While the letter say "re: Doe", my full name and address is on the letter as well. So this means they 100% know who I am, right? Because according to the web search I did, they are claiming I'm still anonymous.

Honestly, I am too anxious about this entire thing. I'm surprised I didn't have a full blown panic attack.

Do I call the law firm in the letter and without admitting to anything ask them how much they want to settle?

Should I call a law firm advertised and ask them to handle this?
I don't know if I can handle their fee AND a settlement!

Does anyone have an idea of what cases like this will cost to settle? I just want this to be over. I also had to change my laptop last month when the battery popped (I have pics and emails and receipt to document this, but I know this may look suspicious as the letter says to preserve all evidence), Any suggestions/advice is greatly appreciated.

TLDR: I got a letter saying I'm about to be prosecuted for downloading a movie.

Answer:
 If you want to settle then call them, keep in mind this is a common scare tactic used to try and generate revenue, they have a good chance of losing in court because an IP address does not equal a person.  There have been multiple rulings over the country that have found that just because you have an IP address of someone downloading a movie illegally, you don't have a specific person.

Now if you call them and start discussing settlements and don't like what you hear you might have implicated yourself to the crime.

I'd advise to ignore their lawyers, wait for the court summons and call their bluff with a lawyer.  Their case is shit unless you give them the evidence they need.

edit: In the words of a judge in New York:
"provides only the location at which one of any number of computer devices may be deployed, much like a telephone number can be used for any number of telephones." - Judge Gary Brown of United States District Court for the Eastern District of New York.


Title: [Minnesota] Can you be busted for drugs during the investigation of a house fire?

Question: Just a curiosity of mine, if a house were to catch on fire, with marijuana in the home, could the investigation of the incident give way to being charged with possession, given a search into the cause of the fire is likely to follow?

Answer: If firefighters found weed they can report it to the police. If police enter the home and see drugs or paraphernalia they can arrest you.


Title: What can a mom with a husband that sexually abuses her children do to ensure their safety?

Question:
Im sorry if this was too much of a sensitive topic here, but we need expert advice and are desperate. My sister suspected for awhile that her husband was raping his 3 year old son, and she went to a forensic doctor to confirm her suspicion. Turns out, she was right all along and there’s evidence of rape, however, it isn’t clear if its his father or someone else who did it. My sister is certain that it is indeed her husband, because her son has been saying odd things about him lately. My sister is terrified of going to the police in her home-country (we live in a third world country biased towards men and their claims) so if she goes to court she’ll most definitely lose and her husband would get custody despite forensic evidence. And if she actually gets divorced and gets custody, he will kill her. This isn’t an exaggeration, and he threatened her many times. He also has friendships with criminals, people who could do it for him in case he was locked up. I know many of you have knowledge in western law only, but thats why I’m here. She wants to know if there is anything she could do to get her two children asylum in any first world country? They have Syrian passports and many countries make it a complicated matter to issue visas for Syrians already. How can she make her children obtain a visa and then seek asylum without their father knowing?
Topic:
Immigration

Answer: You might try posting in /r/immigration.


Title: Got written up at work, one of the things I was written up for was appearing tired?

Question: [deleted]

Answer: It's perfectly legal. I suppose you have the right to be upset, but yea it's not illegal.


Title: (Throwaway)Dating an autistic girl at 15 and 16 y/o

Question: I had a female friend for a while and started to like her and eventually asked her out. Around half a month later I find out she has mild autism. She seems to want to progress intimacy wise, so what are the laws? Is it considered rape if things of that nature are done with an autistic girl, even consensual? This is California.

Answer:
 You did not post your location, so I cannot speak to any 'Romeo and Juliet' law/exemption.

You also stated she has mild autism.  I do not know how that affects her functionality, but I am (again) assuming she is able to function in the real world.

Generally, rape laws deal with a lack of consent.  Some people cannot provide consent due to lack of mental capacity.  If she is high functioning, I would assume the facts would deem her sufficient to provide consent.  However, that is not certain, as it is very fact sensitive and dependent situation. To be safe, I'd avoid it.


Title: Verizon is the worst.

Question:
So I had fios for about 3 months then I canceled. I returned the boxes and everything and they confirmed I had no contract and that there's no cancelation charge. About a month later I get emails and letters in the mail from them saying I owe over $1000 for not returning equipment. I checked the ups tracking and sure enough it's delivered. I call verizon, talked to at least 5 people spent over 10 hours on the phone. Each one of them confirmed the equipment was returned and my balance should actually be positive. One lady even gave her email saying  to contact her if the account balance doesn't change in some timeframe, I do and she never replies. I sorta just left it, fast forward to today (about 6-7 months later) I get this letter in the mail.

Now there's definitely no reason to pay this because I actually did return the equipment and it was confirmed many times over the phone. Any advice?

Answer:
 You might want to take your name off the image.

You need to contact them and send them the proof that the equipment was recieved. Ask for confirmation that the debt has been deleted/cancelled. Answer #2: Pull a credit report too, to see whether the incorrect debt was actually reported.  (And if it was, dispute it).


Title: Pedestrian hit by a car. Driver wants to settle financially on our own. How much?

Question:
I live in California. On Tuesday even I was hit by a car as I was crossing a street on my way to my midterm. It was completely the driver's fault, and the cop who took the police report agreed. I wanted to initially file an insurance claim, but a friend of the driver called me and let me know that the driver is in the process of getting his citizenship and would like to settle it outside of court and insurance. He wants to compensate me financially. We are going to meet soon and discuss the amount.

These are my possible damages:
-$30 for my doctor's appointment
-I was ten minutes late for my midterm because he hit me
-I had to spend 4 hours waiting at the doctor to get my knee checked out when I could have been using that time to study for an important exam the next day
-the experience was terrifying and I have felt anxious crossing streets since

How do these translate into a monetary value? What amount of compensation should I settle with? I am not trying to get a ridiculous amount of money out of this. I understand that it was an accident and I don't want to ruin his chances of becoming a citizen, but at the same time HE HIT ME WITH A CAR. Reddit, please advise me.

Answer:
 I don't see how a claim to his insurance company will have any bearing on his citizenship, but I don't practice immigration law.

When I make a demand to an insurance company for a claim like this, I'm going to include the full cost of medical bills, any and all lost wages, and pain and suffering damages. Everyone calculates the latter differently. Make sure you have followed up on all doctor's appointments and been thoroughly checked out, and completed any and all treatment you're going to have, before you even *think* about settling. Keep in mind, the statute of limitations for filing suit in CA for a personal injury claim is two years.

Depending on the severity of your injuries, you should also consider hiring a personal injury attorney. They will take a percentage of your settlement as their fee, plus any costs. Most that I know do free consultations.


Title: Throwing a party. Does personal umbrella policy cover any possible lawsuits?

Question:
Hello. We are throwing a party in TX with another couple at an event venue that we are renting for the night. The party will be mostly people in their early 40s. We will be serving alcohol. We will have bartenders certified by the state alcohol commission with instructions to not over-serve. We will have bouncers to keep the party private and keep an eye out for people trying to drive home when they shouldn't.

That's all well and good. But, people do dumb things and accidents happen. Both couples throwing the party have personal umbrella policies with our insurance companies. My question: should we take out an insurance policy specifically for the party or do the umbrella policies cover us for this event?

Answer: Depends on what your policy covers. You should have a copy. Read it.


Title: [OK] Ex got high and stabbed his mother in front of our son

Question:
Located in Oklahoma

*No money for lawyer, contacted all legal aid resources*

My ex and I were never married, been in court since son was 2 months old.
Ex got supervised visitation for the first year because he's a "mental patient" (he has bipolar disorder, has manic depression and hears voices that tel him to kill people)
He ended up getting standard visitation and joint custody after I ran out of money for a lawyer.

We signed the joint custody agreement in February and in March, he was arrested for felony charges of domestic assault with a dangerous weapon witnessed by two minors, one being my 3 year old (my 3 year old actually was the one who ratted him out to the cops several days later)  and separate felony charges of 2 counts of assault and battery with a dangerous weapon after he wrecked his car while high on drugs.
Cps has been involved and found that he is not fit to be around my son, but they can't do anything other than give me a paper saying that my son is safe with my husband and I, but not with his biological father.

We have a custody hearing to review how joint custody is going on May the 18th and he is currently in jail, awaiting a court appearances on the 23rd.
His lawyer wants to cancel our hearing, but I'd like the judge to know what's going on.
Can I keep the court date and bring the judge print offs of the arrest and booking details and the court documents of his charges, and Cps statement? If so, would that even be productive? Or would the judge me annoyed?

The officers on the case advised me to get emergency custody, but I have no money and in Oklahoma, you're not allowed to file for emergency custody by yourself. Or so I've been told by every legal resource I've talked to.

Answer:
 Court clerks can't give legal advice which is why they are only so helpful.

See if your Court has a self help agency.  Generally, they will have packets for different hearings and will help you fill them out so you can file yourself.

You can also contact CPS and see if they can help you navigate the Court process to revoke your ex's visitation.

I would also suggest contacting your local Victim Advocate agency.  If your son saw your ex stabbing someone (especially a family member) he almost certainly qualifies for counseling service.  Additionally, given that this sounds like a DV situation (stabbing a family member) your local domestic violence agency might be able to assist you in getting a restraining order.  In the restraining order the Judge can order you have custody of your son.


Title: [NV]Evicting tenants for non-payment. Dogs abandoned, legal ramifications?

Question:
I bought a mobile home and am currently in the process of evicting the tenants for non-payment. They are not technically evicted until tomorrow morning, at which time the Sheriff is going to come and do a lock-out. Today I saw two large pitbulls barking in the window. Have not seen any sign of the tenants in four days now (I live nearby and can see the property every time I drive passed). There is still so much stuff in there that I guess they just left behind. One of their relatives, a friend of my brother, told us "They are not living there anymore; they moved out a few days ago". Because there are two large dogs locked inside, I'm assuming animal abuse, as well as lots of damage due to urine and defecation? What should I do? I feel bad for the dogs and angry for what damage may have occurred just leaving them trapped in there like that.

I wasn't planning to sue for the unpaid back-rent because they have a baby and I just wanted them to take what they could save and move elsewhere. But now I'm wondering, is there any kind of legal repercussion for their actions or is that all I can do? Do I have to press charges for anything to happen? If the dogs are healthy, is it not abuse?

I'm new at this and will keep looking into it, but I appreciate any help I might get.

Answer:
 Abandoning the dogs is definitely illegal and that’s a matter you need to take up with your local animal control. They’ll decide if it’s worth pressing charges. It’s a sad situation but it’s all you can do.

As for the damage, it seems like you’ll be keeping their deposit. If you need to, sue for damages if you’re not going to sue for rent


Title: Help me sleuth - Was my friend abducted?

Question:
This is a throwaway. I'm not sure if this is the right sub to post this but here goes:

Salt Lake City, Utah

My friend has 2 warrants, as she has been on the run from AP&P for quite some time. Yesterday, 6/9, at around 12:15PM, she was pulled over by a white sedan. With her warrants she should have been taken straight to jail with no bail. I called the jail many times yesterday and also today and they had no information on her being booked. Today she showed up home. She has minor seizures under intense stress, and suffers from slight memory loss when it happens.
She felt she was calming down after arrest, however she doesn't remember much from then until waking up in her car near where she was pulled over, late this afternoon. She remembers faintly something about a hospital, being tied down to a hospital bed in a small room with no windows and being 'probed', and having one of the 2 'cops' mentioning her seizure and not being able to accommodate her seizures in jail. She never saw anyone in this room other than the 2 cops, and couldn't move her head, but heard another person behind her - the supposed doctor. No nurses, couldn't hear any noises from the 'hospital'. She felt very drugged, and slipped in and out of consciousness. The next thing she really remembers is waking up the next day, in her car where she was pulled over. She had her phone in her hands and her wallet and keys sitting next to her in the seat.

Here's the info sort of summarized:

* White Sedan

* Siren (she heard the siren and looked back, saw the white crown-royal looking sedan and pulled over, thinking immediately that she's going to jail)

* No/unknown lights - She doesn't remember seeing any cop lights on the vehicle

* No backseat cage

* The cops offered for her to call me *with her own cell phone* AFTER ARREST (I have the voicemail)

* I called her phone at 6:31AM *this morning* and her phone was on, rang for the full rings, then went to voicemail. (She actually mentioned hearing her phone and saying something about it at the time, before I even mentioned this to her) I tried again at 12:11PM and the phone went straight to voicemail. Standard procedure for cops, and what she
* saw during the arrest, is they immediately turn your phone off, take out the battery and seal it in a property bag, along with her wallet and keys.

* She had perishable food in her car that is still good, which would have gone bad had it sat all day in the hot sun *including milk*

* She believes the milk carton is not the original one she had, as she remembers putting a green X on the carton to signify that it was hers (we live with a lot of people)

* Her original clothes are nowhere to be found, at all

* She is wearing clothes she does not recognize

* She has no hospital arm band, which they usually won't even let you take off until you are released from jail

Recently there has been an increase in local women gone missing, supposedly attributed to cartel abductions. There's no way in my mind that I can see that she would be released by legitimate cops. So, what the fuck happened?

please, any thoughts or comments are greatly appreciated, she's still really scared and honestly so am I. If you have any questions or if you need any clarifications please ask, i can be a little disjointed in my explanations

edited for clarification and more of her story
Topic:
Criminal Law

Answer: What is the likelihood that this is a drug-induced fantasy, or the product of a seizure-ridden brain?


Title: Girlfriend's brother "accidentally" shot two bullets while he was alone with me.

Question:
(throwaway disclosure) Basically, I crashed at my girl's apartment; she had to leave for work around 9 and I just slept in a little bit longer. I have to mention that her brother, had recently moved in with her for a couple weeks before he moves to San Diego later this November. She did not originally want him to move in however, her mother somewhat guilt tripped her to having him stay temporary saying things such as "he'd do the same for you."
Getting to the point, he was there that same morning I slept in. I was playing PS4 in my girlfriend's room with the bedroom door open and I was chatting with him a bit. Apparently, he is just casually playing with his piece that I had no clue of when I hear one shot fire. I look outside the room yelling "what the fuck are you doing?" When he shoots another round in to the couch. At this point my first instinct is to get the fuck out of there. While my ears are ringing, I run for the bedroom window and was about to jump out of it but decided against it. There was a neighbor walking his dog just outside the apartment , I'm assuming he is the one who later calls the police. I talk to her brother for a bit who is also freaking out and still fiddling with gun (dumb I know) while my anxiety is out the roof. He was claiming he didn't know what went wrong I don't really remember what we talked about but I left soon after. While I'm leaving, I notice multiple cop cars pulling up to the apartment. I still leave only to have my girl call me crying fifteen minutes later saying I need to come back. I talk to the police who were basically only concerned if I was physically hurt or not which I wasn't. I file a police report describing the situation.
Now here I am five days later, over-analyzing the situation. After talking to a lot of friends/family about the situation I'm starting to think it was not an accident. The biggest thing that makes me change my mind, is he talked to my girl after he shot the bullets saying how he can't live in this situation, waking up to her little sister in bed with a guy, and how we won't know or can't relate because we don't have a little sister.
What should I do? Why would he say all of that afterwards? In my police report, I stated that it was just some accident but him saying stuff like that after the fact, makes me think otherwise.

Answer:
 Nobody fires two rounds into a couch by accident unless they are utterly incompetent to own a firearm. I'm gonna guess that even though you said "I think it was some kind of accident" no cop is going to roll with that as an excuse unless they are horribly lazy. Regardless, you can call your PD (same ones you already reported to) and ask about amending the report.

Discharge of a firearm (twice) in a dwelling during an argument with another person is really so far past the concept of Whoops I Didn't Mean To.

And no, a big brother discovering his little sister's lover in the house is no justification for peeling a pair into a sofa. People who even pretend to act like that get their guns taken away, people who do that on purpose tend to go to jail.Answer #2: You could call the police and let them know that the significance of those statements has just dawned on your after the shock has worn off. They may want to do an additional welfare check. Answer #3: Guns don't just go off. There's several steps and each one requires an amount of force that is usually only deliberate. Answer #4: Very very very few times have people “accidentally” discharged a firearm. Your finger is on the trigger and the trigger was pulled. Sounds like this guy shouldn’t have that firearm. Even if it was an accident he shouldn’t have the firearm. He’s clearly either too reckless, or he’s unstable. If you are concerned with him harming himself, then take the proper actions to get him help. I’m not sure exactly what you are worried about here.


Title: A neighboring developer cut back our trees while we were buying the house, then trampled over our land and destroyed our boundary stakes to put construction equipment on his lot

Question:
We bought a house in December, on 5000-ish sqft lot on a hill. When we saw it at the open house, at the very top of the property there were some beautiful green willow (?) trees and shrubs in this magical little bower, right above the fence where our backyard begins. It was part of our lot, and was marked out with some boundary stakes. Super cute, and I was really excited to set up some picnics there.

But right before our official inspection of the house, the prospective developer of the empty lot (let's call them A) next to ours dramatically cut back/down all the willow trees without our permission (and it's distressingly ugly and bare up there now), but none of the willow trees were on their land--only on ours and our neighbor B's up the hill. The previous owners were extremely upset and apologetic, but they wanted to move asap and we still wanted the house, and honestly I wasn't sure at the time where the boundaries or laws were about this, because we don't know for sure what was lost (as it was before the inspection).

The only thing they left was a giant sucker branch that we ultimately had removed because it was... really depressing. So now the top part of our property is completely barren and covered in dead branches and twigs, and there's no shade there, so it's all completely dry and fucked up.

It was infuriating but we didn't know how to go about dealing with it, since the land technically wasn't ours at the time and the previous owners didn't want to pursue damages because they just wanted to move. I put up some boundary stakes and figured we could do some landscaping to that area once we had the cash.

But now I'm REALLY concerned, because they seem to treat the top area of our property as though it's part of their land. The developer B drove his construction equipment up our easement (not even a public road, but our easement) and right through that area, completely destroying our boundary stakes and the shrubs that were in that area. The bobcat is on his lot now, and has been for weeks (he's not actually permitted to build on his lot yet--something to do with the paper road to that lot not yet being built), and for it to back out it will probably AGAIN have to run over and destroy our land some more. I assume the developer isn't using the paper road for his construction equipment because the hill is a fairly steep grade, and only the clearing up at the top of his lot is level.

And when he had a guy come out to do weed-whacking as per the fire codes, the guy cut down plants and shrubs on the top of our property... AGAIN. They really act like this part of our lot is theirs, but it's not, and I'm getting really worried and angry.

And here's a twist... a huge parcel of lots right next to that empty lot is going up for sale very soon. It's extremely likely the developer is going to buy up all that land and develop that whole area because the only thing stopping him is that the paper road is too much work to build just for one lot. Do we want to make an enemy of the guy by complaining, or is he just going to be an asshole regardless? Apparently a couple of our neighbors have already sent in complaints about him.

Am I just worried about nothing or is this a problem I should deal with? And how should I deal with it if it is? Fence? Complaining? I'll put an overhead pic in the comments.

Answer: Get the surveyer to come and mark all the boundaries again (officially), add back the stakes and maybe even get a mesh or something to make it look semi fence like,  put up no trespassing signs,  and get pictures of all of the area.  Do you have an address for the developer? You should send something through certified  mail  to them detailing that they are not allowed access on our through your property, and they and their employees need to stop damaging your yard.Answer #2: Get an arborist to survey the damage, then have your lawyer send a demand letter for compensation and to trespass them from the property. When they don’t pay, sue them for the full replacement cost to return the property to before their damage plus your legal fees.


Title: Deaf teacher being forced out of classes

Question:
I'm a sign language major at the college I'm attending (in Ohio) and basically, shit is going down.

The most qualified person to be teaching our ASL classes is our deaf instructor who has been teaching with this school for ~25 years. After all this time, they will not employ him full time. On top of that, this semester they began revamping the entire degree without any type of communication with him. We only found out from a student in a class with a different teacher, who is not deaf nor is she teaching what needs to be known - the one who is being given all of his classes.

The head of the department is not returning his emails, and is only giving us enough of an answer to placate is, ie 'oh we are more than willing to talk to him.'

He can't call them, he's deaf. If he goes in for a meeting in person, there are no interpreters - even for official staff meetings. He has to rely on his ability to lip read. That said, even if they did bring an interpreter, they use one that is not certified.

He's been teaching most of the ASL courses for many years,  but suddenly he is down to one. They've completely gotten rid of some because this hearing woman didn't want to teach them.

Last year he contacted the Ohio civil rights commission and nothing came of that. We are currently trying to find a discrimination lawyer outside our county to make sure they're not affiliated with the school.

I'm wondering what the best way to go about this would be. Our entire class is trying to put this together and help him out, but none of us are terribly familiar with something like this.

I'm sure we will need to keep emails and such documented as proof, but what else can we do to get the ball rolling and (hopefully) get something accomplished. It's not even like them screwing him over is only bad for him, either; it's totally annihilating plans that myself and other students have had set up for our education.

Answer:
 > He can't call them, he's deaf.

Umm. YES HE CAN. [Relay Service.](http://nad.org/issues/telephone-and-relay-services/relay-services) If he doesn't know this exist, please notify him. Answer #2: We here, nor you, have any idea what the schools motivations/reasons are for what the school is doing.  If nothing came out of your contact with the civil rights commission, that is probably because there is "nothing" there. Answer #3: You are not clear about what legal right of this teacher's is being violated, or what the end goal of this dispute is - what does the teacher want out of this?


Title: Court order for insurance

Question: My sister (MA) has a son with a fellow that is in the Army.   He was court ordered to add the son to his health insurance over a year ago and has refused to do so.  What are my sister’s option/s to get him to comply at this point?

Answer:
 Go back to court and have him cited for contempt, probably.

Or contact his CO with a copy of the court order and evidence that he failed to obey it.


Title: [TX] Company doesn’t think they need to pay for travel time if it’s overtime

Question:
I live in Texas, and work for a pretty big Fortune 500 retail company. Recently I was sent out of state for a week to help out at a new location. During this week I worked 40 hours at the new location, and spent about 16 hours traveling. From some quick googling it is my understanding that when you travel out of town and stay overnight, you are supposed to be paid for your commute from home to your hotel, and back.

When I got home, I was told by my company’s payroll department that I would not be paid for any of my travel time, because “travel time that would put you over 40 hours for the week isn’t paid”. Apparently I was supposed to know this, and someone was supposed to have told me to not work any more hours on location than would add up to 40 when including my travel time.

Of course, this sounded like bullshit to me so I immediately contacted the Department of Labor, Wage and Hour Division, and explained the situation to them. They told me in no uncertain terms that all of my travel time had to be paid (up to a maximum of 8 hours of travel per day), and that it made absolutely no difference if said travel time put me over 40 hours for the week or not. I went back to payroll and told them this, and they said they’d look into it. Several days later they told me that the Department of Labor was wrong, and that they did not have to pay me for the travel time—but that they would pay me for it anyway, because it wasn’t fair that I hadn’t been advised to keep my hours down to avoid this sort of situation.

This specific situation thankfully had a satisfying enough solution, I got paid the money that (I believe) I was owed, but I am quite curious about the legality of the situation in case I have an opportunity to travel more for the company in the future. I’m very glad that I didn’t have to kick up more of a fuss than I did, I like my job and the company I work for and I certainly didn’t want to have to make an official complaint against them with the DoL.

I’m inclined to think that their willingness to ultimately pay up (while continuing to insist that they didn’t have to) means that they know they are wrong and are just trying to get this shady B.S. by people without pissing anyone off enough that they’d make an official case out of it. What do you all think?

Answer:
 This 16 hours you spent traveling: was it traveling to and from a worksite?

Business trips to other states or cities must be paid but travel to and from the worksite does not have to be paid; this travel is analogous to travel to and from work. Travelling to and from a worksite is not classified as travel time under the FLSA.


Title: How does US consent law affect underage married couples from abroad?

Question: In the UK, you can legally get married at 16, and have sex at the same age. If two people both got married at 16, and went on a honeymoon to the US, could the husband be arrested for statutory rape if they have sex on US soil? They are legally married, but under US law are having underage sex. Would it make a difference if they were unmarried? Or if one of the two was over 18, married to a 16 year old? Basically does the legal protection of being married follow them, and allow them to have consensual sex in the US, or would that be illegal for them to do, despite being legally husband and wife?

Answer:
 Underage sex isn't prohibited necessarily in the US. Each state has a different age of consent, usually between 14 and 18. However most states also have an exemption for married couples so they should be fine. Many states also have Romeo-Juliet exceptions that don't criminalize close in age sex even if under the age of consent.Answer #2: Totally an aside (you should be fine, as others have said) but you’re going to find yourself with less to do than you might in Europe, and basically nowhere will let a 16 year old slide on drinks like they do in the EU.

Unless you’re going to Disney world, in which case, you’ll have a blast.Answer #3: Where are you going in the U.S.? [Different states, different rules](https://en.wikipedia.org/wiki/Ages_of_consent_in_the_United_States). Marriage is generally a defense even in states in which the age of consent is under 18, but being unmarried would make a difference. Answer #4: In my state of California, the statute specifically states *"Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor."* [Pen Code 261.5(a)]


Title: Dad's will did not reflect a contract he signed. Wondering where I fit into it and how it will affect me. [North Carolina, USA]

Question:
My father was married to a woman for 11 months in 1999.  Apparently their divorce agreement said that she gets 10% of his interest in a business that he owns when he dies.

Dad died 6 years ago.  He left the business to myself and my sister.  After everything went through probate we ultimately decided to sell the business, and we put the money into different things (my sister bought a house, I started my own company).

A few days ago his ex-wife contacted me.  Apparently she got in touch with some old friends and learned that dad had died, and was unaware until now.  She has sent me a copy of their divorce agreement, which looks legitimate.  It does say she gets 10% of his business when he dies.

She asked me for 10% of the share of the business, and before I responded she learned we sold it, so then she asked for 10% of the profits of us selling the business.  I have not answered her.

1.  First thing's first, do I need a lawyer?  If so, should it be the lawyer who helped us get through probate, or a different type?
2.  All of my money is tied up in my business.  Could this result in her owning a share of my business, or me being in debt to her?

I would appreciate any thoughts you all have on this.  Thank you.

Answer:
 You should consult with a probate attorney to see if her claim has any merit now that the estate is settled. Answer #2: I'd absolutely contact a lawyer. Hopefully the probate of the estate was handled by a lawyer and if so you should use that lawyer or that law firm.

IANAL but here is by take on this:

This woman **had** (note past tense) a valid claim against the estate.  Clams have to be filed against the estate or trust within a certain time period, presuming the executor, trustee or whatever it is called in your state, follows proper procedures which would probably include publication of a notice.  If the claim is not presented within the time limits the claim would be barred - meaning that she'd be flat out of luck.

If the estate was run through probate by a lawyer then I'd imagine the chances are excellent that everything was handled properly and that her claim is years late and no longer valid.


Title: [NV/US] Is it il/legal for a business to make you buy bottled water?

Question:
I did my best Googling but couldn't find a straightforward answer. There's a urban myth that you can't be denied water if you ask for it, i.e., they can make you buy bottled water instead. Is there any truth to this?

Specifically, this came up in a conversation about T-Mobile Arena. Water is $5 and there does not seem to be any public water fountain available inside the arena. I asked at concessions if I could have a cup, and they said no. I have not tried to bring back a cup from a drink purchase and ask for it to be refilled with water, though, although I suspect I'll be told the same "Sorry, they won't let us do that."

I know some places get around the idea by saying they're charging you 50 cents for the cup, but that seems a fair bit more reasonable than $5 for bottled water.

Certainly not the most thrilling post to grace the pages of /r/legaladvice, but I appreciate the help.

Answer:
 If your question is "do they have to provide water fountains", that sounds like more of a local codes issue. To the best of my knowledge, there's no national requirement saying that they do.Answer #2: > There's a urban myth that you can't be denied water if you ask for it, i.e., they can make you buy bottled water instead. Is there any truth to this?

Not in the general case, no.  No one owes you water.

It's possible that your state or municipality has such a law.  I don't find one for Nevada or Las Vegas.


Title: Fired from job, saying I owe for PTO I used.

Question:
Hello,

I have recently been fired from my job and they are saying that I will have to pay back PTO I used.  I live in Wisconsin if that matters.  Do I have to pay back for the day I used?

Thanks.

Answer: Maybe. Did you use more than you had accrued? If this is a single day it's unlikely they would sue you for that, not worth it.


Title: [FL, US]I'm trying to apply for a Passport (U.S.) but don't have a birth certificate. I was born in Guantanamo Bay, Cuba. What could I do to get a birth certificate?

Question:
A little bit of background: I'm trying to apply for a US passport but can't because I don't have a birth certificate. I was born within the U.S. military base in Guantanamo Bay to Cuban parents and was brought to the US on a MediVac due to medical complications one month after birth.

So, I went to my local passport office and they rejected my passport application because I don't have a birth certificate. I was told I could apply for a birth abroad certificate which I don't apply for because my parents were not U.S. citizens at the time.

The passport office gave me the number to the vital records office in Jacksonville, Florida. They didn't know what to do so they told me to call the passport office in Washington, DC. I called DC and they told me that I have to call the U.S. embassy in Cuba. I called them and they told me that they do not deal with Guantanamo Bay matters. They told me to call the US embassy in Santo Domingo, DR. Turns out they don't deal with Guantanamo Bay issues either so they directed me to the US Embassy in Kingston, Jamaica. Apparently, Jamaica deals with Guantanamo Bay births ONLY if the child was born to US citizens. I feel like I've been sent on a wild goose chase and now I'm back to square one and don't know what to do.

Please if you have heard of any similar cases or know someone that can help let me know.

Edit: I want to make it clear that I am in fact a US citizen, I have the documents to prove it. There was some law that if cuban parents become U.S. citizens, citizenship is granted to the children. I was granted citizenship at the age of 5 or 6 after my mom became a U.S. citizen and have my citizenship documents but the passport office does not accept that. So I am a US citizen

Answer:
 Are you a naturalized citizen? Because it doesn't appear that you're a U.S. citizen unless one or both of your parents are.

"Many parents of children born abroad want to know if their children are U.S. citizens. The U.S. grants citizenship in one of three ways: naturalization, in which someone becomes a U.S. citizen sometime after birth; birth on U.S. soil; or birth to parents who are U.S. citizens. Contrary to popular belief, military bases are not considered "U.S. soil" for citizenship purposes. Therefore, the only way children born abroad can acquire citizenship at birth is through their parents."

http://military.findlaw.com/family-employment-housing/military-children-born-abroad.html


Title: [NY state] Legality of hiring a sniper to protect yourself during a legal peer-to-peer trade.

Question:
I was reading an article on /r/news about a person who was nearly killed during a Craigslist sale and I started wondering what the exact legal restrictions were on protecting myself against attempted armed robbery or attempted murder.

For example, if I hired a sniper to cover me and he shot the guy after I was fired upon, what would be the legal ramifications?  I wasn't sure how to phrase this as a google query, so I was hoping someone here could help me out.

I'm assuming that the trade would take place in a shopping center parking lot after hours and the sniper is using a hunting rifle, but beyond noise violations what else would happen?

Answer: Lmao this is probably the best legal advice post in recent memory.Answer #2: I'm imagining a hardened veteran sniper taking a call on a satellite phone, the guy on the other end is a greasy nerd like, "I was told you offer protection services, I am selling some used PlayStation games on Craigslist, when are you available?"Answer #3: You realize this isn't the movies, right?


Title: $2000 Fort Fiasco

Question: So, my mother (in AL) paid a couple (in LA) $2100.00 to custom build a playhouse for her grandchildren. She gave the couple a check and cash (in person and they do have a receipt) in October with a written promise to deliver on December 21st. The couple called that day to say that they needed to postpone deliver to the 24th. My mother agreed to that but reminded them that the playhouse was a Xmas present and that she had to have it on the 24th, the couple agreed. BTW, all correspondence has been through text message so there is documentation of all this.  So on the 24th my mom waits all day for the playhouse only to be told that they were on their way and the axle broke on the truck. My mom was skeptical but what could she do? The couple said they'd bring is Xmas day or give a "full refund by Friday". Long story short they didn't bring it Xmas day, didn't refund her money by that friday, and all EIGHT times they said they'd deliver after that, they haven't. Additionally, my mother has asked at least 5 times that she be sent a picture of the playhouse to have assurance that it even exists and they won't send her one. Needless to say this is all very frustrating. $2000.00 is a lot of money for my mother. She scrimped and saved all year to be able to afford it and now these people are screwing her over big time. What can she do here? Is there any criminal charge she can make or is this going to have to be a civil issue? What's her next step? Is it fraud since the couple say they have the playhouse but they don't?

Answer:
 This is a civil issue.

Answer #2: An unfortunate lesson learned in that she should have not paid them up front. Most people usually pay half, or some other portion, and then the remainder upon delivery of what was promised. She’ll likely have to take them to small claims court if they won’t follow through.


Title: My wife left me and filed false claims. Now my mother in law is doing nothing but harassing me. Can I sue?

Question: My mother in law is doing nothing but being a snake in the grass. She pushed my wife for a divorce and she pushed my wife to lie and say I hit her. Now she had a deputy serve me with an eviction notice. I haven't lived there in 2 weeks and we never had a lease or any verbal rental agreement other than we just had to pay the bill. No rent at all. Now she is wanting me to pay $2,000 in "back rent". Plus, I have respiratory issues now due to the mold in the house. My therapist says that I have emotional damage from her, etc. also, I live in West Virginia.

Answer: Do you have a legal question?


Title: can someone who is not a legal authority confiscate an item indefinitely even if you break the rules?

Question: hey, I live in Wichita Kansas and I was wondering if someone has an item confiscated from them does the other party, even if they are an authority figure, have the power to hold it indefinitely?

Answer: Yes, your parents have the right to take your Xbox away because you broke rules.


Title: Update: (Califorina) Can my husbands ex-wife force him to dress their children a certain way?

Question:
https://www.reddit.com/r/legaladvice/comments/3um0xf/california_can_my_husbands_exwife_force_him_to/

She's found a lawyer. She's going to petition for full custody, because in her mind the girls are dressing "slutty" yes she used that to describe her own preteen children, and demanded that we not buy the eldest anymore bras.

I doubt she'll get full custody.

Answer: Not only will she not get full custody, but the Judge will hopefully put her in her place!


Title: Can I lie to the pharmacist about what the needles are for?

Question:
I understand that this post is extremely sketchy and I understand that I am going to seem like a crazy drug addict or something of the sort. That couldn't be further from the truth.

I'm not taking anything remotely harmful. I was injured and there are some peptides out there that help with injury. I don't want to spend too long explaining about the drug because it is irrelevant. There are plenty of things that are legal and are injected.

That being said, in my state pharmacies are allowed to sell needles without a prescription. However, the pharmacist can still decide not to sell the needles to me. When the pharmacist asks me why I need the needles, can I get in legal trouble by lying to the pharmacist about why I need them?

I doubt the pharmacist will be very sympathetic to my (entirely true) story and it would be easier to lie about it. The state is Rhode Island.

Answer: A better plan would be to find a dr. to prescribe/administer them.  Very very bad things can happen when injecting unknown and unregulated substances.


Title: False advertisement on Samsung TVs

Question:
Hi, myself aswell as other people on the geforce forums have reported that all the ultra hd samsung televisions, despite being advertised to display 4:4:4 chroma at 60hz in 4k, aren't actually able to do so. Meanwhile, other users with LG televisions are actually able to have a 60hz video signal in 4:4:4 at the televesion's native resolution. Nvidia hasn't come out publicly to confirm wether or not the problem was on their end or if Samsung was to blame, but since there's been plenty of reports that 4k/60hz/4:4:4 works on other brands of televisions, it seems like Samsung lied about the specifications of their own products.

In my case, I still have the option to send the television back (even though I would have to pay a few hundred dollars to ship it back). But since I most likely purchased a product that was falsely advertised, I was wondering what legal options I have.

Edit: I live in Canada

Answer: You need to prove it was falsely advertised and that under no circumstances can the tv meet the promised specs.


Title: [Florida] My (19F) SO told me she was sexually harassed at work.

Question:
My significant other, Emily, is a fairly new host at a restaurant in Jacksonville, Florida.  One day her shift ended at 10pm.  Richard, bartender/1-day-a-week manager, clocks out at/around the same time and suggests to Emily that they go to Ale-House while waiting for the rest of their coworkers to join them for after shift beverages.  Richard is friends with the owner of the restaurant (Daniel).  Daniel's brother joins Richard and Emily at Ale House for drinks.  As other members of the restaurant get cut they trickle in to Ale House and join Emily, Richard, and Daniel's brother.  Emily told me that before any of the other coworkers arrived at Ale House that Richard was making advances upon her despite knowing about her boyfriend and having his own SO.  Restaurant employee numbers are shared with each other so that shift pick ups/exchanges are made easier so once other coworkers showed up to Ale House he began texting her trying to convince her to go home with him.  After his advances were refused repeatedly he left for home.  Because they were off the clock and at a nearby bar I know this doesn't count as work place sexual harassment but I wanted to give all the details that I know.
Next incident involved Emily and Richard being on the same shift.  Richard started saying inappropriate comments to other coworkers about Emily and Emily's appearance.  These coworkers told Emily what Richard was saying.  Richard then texted Emily mid-shift acknowledging her boyfriend but still insisting she go home with him for a good time.  Richard approached Emily to say something, but before the comment was completed Emily told Richard to go away and that she didn't want to hear it.  Emily told the assistant manager the text message and what Richard had been saying about her.  The assistant manager told the manager/owner (Daniel, who is friends with Richard).  Daniel then took Richard in private and verbally reprimanded him.  Richard sent an apology text to Emily and that concludes there communication as of now.  Emily went home crying after that shift.  Emily was extremely distraught.  No one should have to feel like they are constantly being watched, lusted after in the work place.  She called me on her way home and I told her to demand a formal sexual harassment write-up.  She drove back to her restaurant and talked to Daniel asking for an official complaint to be documented.  Daniel replied with, "I will write something up and have him sign it tomorrow."
What should she do here?  I'm worried that because Richard is friends with the owner that he will get off with a swat on the wrist.  How can my SO ensure that he receives the maximum consequences for his actions?

Answer:
  > Emily told the assistant manager the text message and what Richard had been saying about her. The assistant manager told the manager/owner (Daniel, who is friends with Richard). Daniel then took Richard in private and verbally reprimanded him. Richard sent an apology text to Emily and that concludes there communication as of now.

She reported. He was reprimanded. There has been no further abuse. Looks like they are even going to put it in writing (although I do not believe there is no requirement for that).

> How can my SO ensure that he receives the maximum consequences for his actions?

There are no "maximum" consequences. She can't demand they fire him and I don't think you have a great hostile work environment claim. She may want to ask for a report for HER records and ask that he never be given managerial powers over her so she does not feel pressured.


Title: My friend was involuntarily committed. Will they let his employer know?

Question: My friend called me up a few minutes ago very distraught.  He said that he was at the hospital because when he was filing a police report (he got scammed) they noticed he had been self harming and committed him.  He was freaking out about how he’s gonna get fired, that the police (or someone) was gonna tell his employment agency.  This doesn’t seem right to me.  Do they really tell your employer if you get involuntarily committed?  Or does my friend not know what he’s talking about?

Answer: I don’t think it’s their responsibility to call his employer. He needs to call someone either himself or a relative.Answer #2: The police are unlikely to call his employer. He can notify them and say he is taking sick leave.


Title: Best way to retain a lawyer who doesn't suck?

Question:
Location: WA

I've hired half a dozen lawyers in my life.  The deals always go 1) promising paid consultation 2) demand for high retainer 3) general non performance once retainer is secured.  Getting a good lawyer with a solid work ethic seems impossible.  Any tips for finding the good ones are much appreciated.

Answer: Frankly, if 6 out of 6 lawyers haven't performed up to your expectations, that means you have unrealistic expectations.


Title: My husband told me he had to wear a restraint suit in jail because he didn’t have his antidepressants. Could this be true? I don’t believe it

Question:
My husband was arrested a few month ago for Domestic Battery in Florida. (He’s a POS and we’ve now separated).

When he was released on bail I remember him saying that the police wouldn’t get his prescription filled because it was from a different state. He had a prescription to antidepressants (an SSRI).

He said because of this, they put him in a restraint suit where his hands were strapped to his ankles so he wasn’t a danger when he went through withdrawal.

This just seems so bizarre to me. Was he lying? He’s an ex-heroin addict and also violent (obviously) so I wonder if it had something to do with that?

Answer: Your husband is a liar as well as being a POS.  While there are a variety of restraining devices in use in Florida correctional settings there is no "restraint suit" that straps "hands to ankles".  Such a device would be considered cruel and unusual punishment.


Title: (Texas) Coworker steals, harasses, and manipulates. Boss won't fire him or even punish him.

Question:
Hello.

This post is on behalf of my boyfriend. He works for a small town movie theater. He works with a man, let's call him Mark, and let's call his boss (owner) Jeff. Mark is slightly handicapped. He has worked for Jeff for a very long time. Mark is an alcoholic. He is a bitter and manipulative man. He uses his handicap to get people to do what he wants. He sexually harasses the girls that work there. He touches their legs and generally makes them uncomfortable. He is horribly racist and will say the N word in front of customers. He steals money. He doesn't follow sanitary guidelines. If you do or say anything to upset him he will take you off the work schedule (he controls the schedule). Jeff is well aware of all of this. All of his employees have asked him to fire Mark and he won't. The girls won't press charges because they don't want drama or to be fired. No one will take action. Are there any laws against not firing an employee like him? Thanks in advance.

Answer:
 Nope the girls however can press sexual harassment charges against him criminally if the boss won't do anything about it.Answer #2: The not following sanitary guidelines might be worth a call to the local health board or whatever the equivalent is. As long as he's only stealing money from the business, it's not really any other employee's business other than Jeff. I mean, if Jeff doesn't seem to mind Mark stealing from him, whose business is it?

If he's stealing from other employees of course, that's a different thing.
Answer #3: No. They can employ whoever they want regardless of all the liabilities that person brings.


Title: Employer is trying to make me pay their insurance deductible - Virginia

Question:
I currently work for a car dealership in Virginia. A few weeks ago while being rushed to move cars back on the lot. I was involved in a slight finder binder with two of our vehicles. I was backing a vehicle out and ran the left front drivers fender into a truck. I was told by my sales manger & COO of the company that "things happen, we know it was an accident, don't worry about it". With that being said today my sales manager sat me down in his office and said the owner said I have to pay the insurance deductible of $1000. I could pay it now or over a period of time and it will be taken out of my check. He said the owner states it's "company policy". Since my employment a few months ago I've yet to see any type of company policy's or signed any papers stating I knew them. Once I said that they presented me with a paper from the ONE copy of the employees handbook they have, stating that I would be responsible to pay the deductible.

With all of that said, since I never signed an employee handbook, knew nothing of it when the accident occurred and was originally told not to worry about it. Do they have anything legal to stand on? Should I pay it or not?

Answer:
 The employer can't make you pay unless you agree, in writing, that they may deduct it from your pay.

With that being said, they can find a reason to fire you.

http://www.accountingweb.com/aa/standards/pros-cons-of-charging-employees-deductibles-for-preventable-accidents


Title: [Buffalo, NY] While leaving the parking lot at work, when making a turn my car lost traction and I hit the hitch of a parked trailer. The lot was unplowed and not salted.

Question: [deleted]

Answer:
 > I really wasn't going fast

You really were going too fast - that's why you hit the hitch and no one else did. Speed is relative to conditions. Sometimes when you're going 7mph (which isn't fast at all), you should be going 3mph.

--------

I also don't see how the building would be responsible.


Title: (FL) Repossession Tow Company Mysteriously Didn't Get My Release Forms Until Closing=Charging For Weekend Storage

Question:
I had my car repossessed yesterday morning around 1am. As soon as my bank opened I called to begin the process of getting my car back. By 11am I had paid off my balance (I have a time-stamped email receipt)  and the collector told me it would go through a middleman company who would email the release forms to the towing company. I was told it would take an hour to an hour and a half.

After two hours I called the towing company and was told they didn't receive it yet and to call back in an hour. I called them every hour to check. Around 4:30 they told me to call the middleman company and tell them to send it. Middleman company told me towing company would receive it in 15 minutes.

I called the towing company back and was told "We finally received your release paperwork! But we're closed, you can pick it up Monday."

Now they are charging a storage fee for the weekend. As well as a $75 fee for the return of my personal belongings that were inside the car.

My questions are:
-Is it illegal to tell me they don't have the paperwork until closing, or is it only unethical?

-If I had no way to get my belongings when they picked up my car, do I HAVE to pay $75 to get my things back?

-If I can prove that the release email was sent earlier in the day and NOT at 4:45 how do I go about reducing the weekend storage fees?

-If calling the Middleman company was the next step, why did they wait 5 hours to tell me? Again, illegal or only unethical?

Thank you for any help.
My car payment was $500
And the towing company fees are amounting to $775 altogether.

Answer: Tell the middleman🐗 ask them to pay the fee as they did it so lateAnswer #2: Most local jurisdictions (of large cities) know how shady Tow companies are, so they have a tow company enforcement board.  Look to see if one of those exists and read up on how to file a complaint.  You will still need to pay now but if the board finds the tow company did something shady - which is seems they did - you'll get back more later.Answer #3: I'm curious about OPs question regarding wether they have to pay for the return of their personal items or not? As of now this hasn't been addressed by anyone


Title: Selling knockoff AirPods

Question:
I am a minor in the U.S. selling 20-30 knockoff AirPods per month on eBay and offerup, however my listings clearly state that they are knockoffs and not the real thing (I’m not scamming anyone). I’m getting them shipped to me from China. The knockoffs are what are called super clones, virtually indistinguishable from the real thing. The packaging is identical and they have a replicated apple W1 chip (no clue how they pulled that off) which is what allows them to connect to your device when you open the lid. These products are clearly a trademark infringement since they look identical to the real thing and say AirPods on the packaging.

My question is, what kind of trouble would I be looking at if I get caught selling these? Will Apple or the Justice Department send a cease and desist letter or a warning to allow me to stop or will they go right to pressing charges. Would the situation be any different since I’m a minor? Would the punishment be less severe since I’m an individual? Thank you in advance for the help!
Topic:
Business Law

Answer:
 Apple could sue you and you could potentially face criminal charges. Just saying something is a knockoff doesn't resolve you of all liabilityAnswer #2: 2 million dollar fine and 10 years in federal prison for a first offense,

5 million/20years for repeat offense.

No kidding.

https://www.law.cornell.edu/uscode/text/18/2320


Title: What protections does my partner have from getting fired after getting married?

Question:
My (M) partner (F) and I are recently married (yay!), but she is hesitant to share that news with her company. She works at a VERY small (5 people) company and sexist/derogatory comments about women are routine there (in fact, women working at all comes up) - she's the only female in the office.

She is concerned that if she reveals that she's married, they may start to treat her differently, and think that she may get pregnant and be unable work etc etc. I told her (I think accurately) that if that happened, then an employment attorney would salivate over her case, and she should record any instance of someone saying that, especially if it's a superior (yay 1 party consent!).

I want to know what if any actual protections she would have in such a circumstance. Ironically, we don't plan on reproducing anytime in the near future, but her office culture is undeniably sexist/borderline hostile. She can't change jobs realistically either because she's on an H1-B visa and she'd need a new company to sponsor her until she gets her green card a year or so from now.

Just to say though, we're not looking to take ANY action at this time, only to understand what her rights are and what protections she should have if shit hit the fan. Thanks in advance!

Answer: A company that small is likely non covered by federal non-discrimination laws.


Title: Real Estate Agent/Owner misled and failed to disclose development on adjacent property

Question:
I recently bought a house in a rural area in Maine as I was sick of the stacked-home suburban life. When buying the home, I looked at adjacent land and noticed there were no homes, but it was subdivided out. I asked the real estate agent if there were any plans to build, they said no.

One week after our closing a developer began construction on the adjacent property. I talked with the developer about it and he said he bought the land from the same owner that owned my house. And not only that, he had a signed agreement from the owner than he could not begin construction until the house I bought was sold.

Having known this, I would not have bought the house. Is there any legal recourse I have against the agent and/or owner for failing to disclose this development?

Answer:
 Not a realtor, but I do not believe they are under any obligation to disclose any facts about other property that is not the one being sold. Could be shady/shitty but really doubt that is subject to any legal recourse.Answer #2: Not a realtor or attorney, but have done a fair amount of RE investing.

> And not only that, he had a signed agreement from the owner than he could not begin construction until the house I bought was sold.

This might be a stretch, but take a look at the first question in section 5 in the Maine disclosure form.

* http://entryonly.info/forms/ME/ME-Disclosure-Res.pdf

In that the seller had gone to the extent of having an agreement with the developer next door, one could conclude that this was a material fact of information that was being kept from you.  Also, was your real estate agent a seller's agent or buyer's agent.  There is a difference.  As I understand, if the agent was not specifically a buyer's agent, the agent's only duties were to the seller (who was paying for the transaction).

Did the realtor actually know about the future development and not say anything?

This is certainly not legal guidance, but....

> Potential seller disclosures range from knowledge of leaky windows to loud neighbors to information about a major construction or development project nearby. Not only do disclosure documents serve to inform buyers, they can protect the sellers from future legal action. It is the seller’s chance to lay out anything that can negatively affect the value, usefulness or enjoyment of the property.

* https://www.pressherald.com/2011/11/21/5-things-to-know-about-real-estate-disclosures/

This is certainly worth a consultation with an real estate attorney.


Title: (MA) no lease agreement, bad condition; was it ok to bail?

Question:
I recently decided against moving into a month-to-month housing situation a couple days after moving half my belongings in. The person I had met with initially to discuss the move seemed ok, but when I moved in there was a foul smell, dirty dishes at least a couple weeks old, and unmanaged trash in the kitchen area along with overflowing dryer lint (fire hazard) in the basement, disconnected smoke/CO detectors, and a general mess in the living room that I had been aware of but had for some reason assumed would've been cleaned by the time I moved in. There was also no flooring in my room due to the previous tenant ripping it up, which I was also aware of weeks prior, but the previous tenant and subsequently the landlord seemed to be dragging their feet to get it replaced, and judging by the collapsed cabinet floor under the sink and some long-broken drawers and shelves in the kitchen, I had reason to believe it might not ever get done. Additionally, the tenants had suggested there was a written lease agreement, but when I asked the landlord about when the carpet would be installed, the landlord asked me to leave the rent check, without me having signed anything. I should mention there was no background check, initial deposit, no anything besides text and email which were primarily with the tenants and not the landlord.

Initially, I was just going to withhold rent until the repairs were finished, but when I told my father (in TX) the situation he told me to get my stuff out of the house, block the landlord, not notify anyone of the decision, and never go near the place again, since from his point of view it sounded like I was being taken advantage of. I left the keys there and did as he said.

A few days later, the tenant I would have lived with is back from a monthlong vacation and informs me the mess in the kitchen was the previous tenant's fault, would not happen in the future, and that I should've gotten in touch with him and this could've been resolved. The flooring in the room is also done. I'm thinking he's right and what I did was a dick move, but still within my rights. But now the former tenant has also contacted me and is saying I need to pay the month's rent I bailed on, or at least a portion of it, since they had to pick up the bill. My father insists I'm legally protected from doing so since there was no written agreement. I'm not so sure since there seem to be laws in place for at-will (oral agreement) tenants, but maybe the awful state of the apartment means I can refuse to pay that rent (or a portion of it) anyway. Am I in the right, and what's the proper course of action here: paying all, part, or none of the money? Should I call a housing inspector on the place?

Answer:
 Sounds like a real flophouse. Why did you agree to move in if you saw it before and knew it was this gross?

Anyway, by moving your stuff in and occupying the apt (even for 2 days) you are responsible for at least 1 month’s rent. How enforceable this is depends on how much documentation your roommate can provide a housing court that you agreed to become a month to month tenant and took possession. (Texts, emails, Reddit threads etc.) If you need to give 30 days notice before ending your tenancy, you may be looking at 2 months’ rent.

PS moving into a flophouse with a plan that you’ll withhold rent until xyz things are fixed is not a good strategy.


Title: Not sure why I'm required to go to court?

Question:
Throwaway account

&#x200B;

I'm a 17 year old High Schooler in my 2nd accident, first one considered at fault.

About a week ago, I got into a accident in a intersection as I failed to yield left. Even though I don't blame myself for it happening, as I truly didn't see the vehicle until it hit the intersection, some research tells me that I'm at fault regardless of what happened. Originally, I was told we only had to pay the ticket and that would be the end, but not too long ago, a police officer visited the house while I was away at work, and said I was required to show up in court. When my mother started calling some numbers like the insurance, nobody could give us a straight answer for why I had to show up in the court of law, instead of paying the ticket. So the question is basically the title, why did I have to go to court? From my knowledge, not me or my family have requested this. If any further information is needed, I'll gladly share.

&#x200B;

Follow up: From what I understand, I can get some lenience and reduce the price of the ticket, does that mean they could raise the price as well? What's the procedure I should follow? Needless to say, this will be the first time every appearing to court, as a defendant no less. I'm quite clueless on what would be the best thing to do.

Answer:
 You're showing to be a risk on the road at such an early age.

Just dress nice and show up. A judge will ask what happened and then most likely issue you a fine and possibly require a driver's education /safety course. Or maybe something more harsh like restrictions on your license.


Title: Is my wife being discriminated against?

Question:
My wife had a person contact her about a job they wanted to potentially hire her for. A level 3 position specifically. After being told the pay range and job description Etc she submitted her resume. Filled out pre-employment paperwork and did a phone interview and an in person interview. She recently got a call where they told her they would only offer her $25,000 less than what the pay range was and that they would be hiring her for a level 2 position. She would be the only woman working in this group and there are at least 2 others in the group that have a level 3 position and are making the initial pay range they quoted. They made no changes to the job she would be  performing. Is that discrimination on their part? From my limited research it seems to violate the equal pay act and the section VII definitions on the EEOC (Equal Employment opportunity commission) but I don't know. I should probably mention this is in Texas USA.

Edit Clarified some confusing order of events issues with original post.

Answer:
 Not a lawyer. We need more information. The company my husband works for also works on a level system where your level corresponds to your range of pay. The levels also correspond to experience and time with the company but they do not necessarily correspond to job duties. Husband has been doing the same essential job in a variety of groups and capacities since he started working for this company, none of which have had that much of a bearing on when he gets promoted to the next level - time on the job is the biggest factor, experience and leadership being secondary factors.

tl;dr: The offer of a Level 2 position may be based on your wife's experience in the field. Answer #2: Unless you have proof of gender discrimination, like she is much more qualified than men making more, or a comment about her gender, or statistical evidence, you are not going to have a case.  Employers can have a job available and underfill it if they find an applicant they are interested in but isn't qualified for the higher level position.  That's what this sounds like to me.