Title: Claiming disability on a green card.

Question:
Location: TX, US.

I've done a lot of googling and keep getting mixed info so I decided to post here.

I came to the US on a visa two years ago and have a green card. I already had severe anxiety but I was optimistic about it getting better. After moving here I went through a traumatic experience which made my anxiety even worse than before. I am now reliant on muscle relaxers because I have chronic muscle pain due to tension and Xanax for my uncontrollable panic attacks, making every day really difficult to just function. I can't go outside without my husband because I freak out otherwise, I was home schooled a lot during my education and I did my entire degree from home because I just couldn't leave the house.

I'm assuming I will not be eligible for disability because I've only been here for two years but I just wanted to come here and make sure. Honestly, I had never even considered it before because I really thought things would get better and I've always been a very hard-headed person who wants to provide for herself and not take handouts, but my health has only gotten worse and I'm stuck in a vicious circle with not a lot of options. I've applied for so many work from home jobs but ones that I could actually do are hard to come by and any that I think would be good for me require me to have experience but I don't. My depression is getting worse because of this which is also making my muscle pain unbearable but I'm going to keep trying to figure out my options. Any advice will be soooo appreciated.

Answer:
 Your state might have different rules but you are ineligible for most federal benefits for the first 5 years of your LPR status, specially SSI and SSDI. If you do end up receiving any benefits whoever sponsored you would be liable to pay the government back.

You can request that your sponsor (your husband and anyone else that signed an affidavit of support) maintain you at 125% of the poverty guideline.


Title: [IL] Younger Brother (16 y.o.) was hit by a car, but my brother panicked and ran please help

Question: Hey guys, I have been worried all day and considering options and was hoping you guys could help me.  According to my little brother who is 16 years old, he was trying to turn when a vehicle behind him suddenly switched lanes to go forward and wounded up hitting him.  He panicked because he thought the car he was driving (my dad's car, which he took without my dad's knowledge) did not have insurance.  A few days later, my dad gets a mail from the police station stating that his vehicle was involved in a traffic accident and that they need a statement as to what had happened, failure to respond would lead to an incomplete case which would lead to arrest, suspension of license, or vehicle registration number being revoked.  The damages on my dad's car are minor, bottom half of taillight broken along with side view mirror.  My family is very poor so I would like to ask a couple questions before calling a lawyer for a consultation to be more prepared.  For one, would it be worth it to hire a lawyer for this case? As I mentioned, we are a poor family.  Two, would the punishment affect my brother's future? He is young and has the world ahead of him and I do not want a small mistake to affect his future.  Three, how much would a lawyer for this kind of case usually cost?  And finally, how should I prepare before speaking with a lawyer and what questions should I ask (if one is needed)?  Sorry if my grammar is off, just worked overnight and have been up 24 hours and are scared for my brother and parents, any help at all is greatly appreciated.

Answer: Your brother was involved in a hit and run. That is a criminal issue, and before talking to the police he should talk to a lawyer.


Title: Child injured at school - parents not notified [Kansas]

Question:
TL;DR My child was injured at school. School did not contact me and my daughter was sent to nurse 7 times for bleeding. I picked her up at dismissal and her face was swollen, bleeding and bruised. Took her to ER - referred to pediatric ENT and now I need some direction before meeting with principle and involved parties later this week. Was the school negligent?

I'll try to keep this short and fill in details if anyone wants me to.

Last Friday 9/2/16, my daughter was at school. She is 7. I received a voicemail upon leaving work from the school nurse saying my daughter was fine but she had been sent to the nurses office several times that day for nosebleeds.

My daughter has had a mild cold for the last couple of weeks, so I thought maybe her sinuses were irritated and that was what caused the bleeding. So I went to school to pick her up - dismissal is at 3:40. I went to see the nurse to gather additional info and she was gone for the day.

When school was dismissed, I saw my daughter's teacher walking towards me and told her I heard that my daughter had had some nosebleeds throughout the day. I explained about her cold and the teacher said "Oh yeah, that's probably what it was."

I briefly said hi to my daughter before walking through the busy parking lot to our car. As we approached the car, my daughter began crying loudly and saying "I ran into another kid on the playground and broke my nose, Mommy!" So I got her in the car and took a look at her face. No wonder she was quiet with her head down on the way to the car...her entire face was at least twice it's normal size and the nosepieces of her glasses were all but embedded in the bridge of her nose.

I quickly took a couple of photos as this was CLEARLY an injury and took her to the ER. It was determined that there was too much swelling to ascertain a nasal fracture at that time. She also had a huge bruise on her right knee and a big abrasion on her left knee. Both eyes were beginning to get black and even her upper lip was swollen. The hospital referred us to a pediatric ENT for followup. They also advised that we take photos every day as well, which I have done.

I am concerned about a couple of things here and don't know how to proceed. My daughter was injured on the playground following lunch at 10:45am. So from approx. 11:15-3:40 she was in plain view of adults that are supposed to be taking care of her. She was bleeding, swelling and in pain. Although she was sent to the nurses office, no one called me until almost the end of the day and there was ZERO mention of an injury. So, whether I would have decided to come pick her up and take her to the doctor or not wasn't even left to me. The school essentially made that decision for me and it was not a minor injury like a scraped knee or a papercut.

I'm concerned that the school is getting some sort of funding from the state with regards to a "x" days without injuries type of situation and injuries are going unreported. There was an incident last year in which my daughter was injured and no one called or made an incident report.

I have email the principle and demanded a face to face meeting but I was hoping to go into the meeting educated instead of just in "angry mom" mode.

Does anyone know if public schools get a kickback for this sort of thing? Also, can anyone give their opinion on this particular situation? No one mentioned my daughter's injuries - and my daughter told me that when she ran into the other child, her nose immediately began bleeding and she told the closest teacher, who sent her to the office. She then had to go back to class with her regular teacher who noticed her bloody nose and bloody clothes but did not notice her deformed face. That teacher then sent her to the nurse approximately 6 more times and neither one of them noticed her injury.

What direction do I take? I'm very upset (as you can tell) and need help.

Thank you
Topic:
School Related Issues

Answer:
 Not a lawyer, but I work in a school. I would strongly recommend  taking this up with the principal. Something isn't right about your daughter being sent repeatedly to the nurse for the same issue.  Maybe the nurse is overwhelmed or she isn't doing her job properly or something, but the principal definitely needs to know.  Answer #2: > I'm concerned that the school is getting some sort of funding from the state with regards to a "x" days without injuries type of situation and injuries are going unreported.

Huh?

> Also, can anyone give their opinion on this particular situation?

You wont like it. But here you go: You are worried about the wrong thing. Instead of worried about the schools funding the only issue is if they were negligent concerning your childs care. To that end,I don't know and I would advise talking to an attorney after you talk to your daughter's doctor to learn if any damage was caused by the delay. That their was a delay doesn't necessary mean they were damaged nor that they were negligent.

Now, some of your anger is that she was "in plain view" of adults and they didn't see. However, how long was the child in your view before you noticed? We know the teachers kept sending the kiddo to the nurse so atleast they were trying something. Was it reasonable? I dunno. Is the nurse incompetent? I don't know. Should you be concerned about the schools funding in this matter? Absolutely not.


Title: Credit Card Application - No Consent Given

Question:
Bought a product from a business (fairly large and known store chain) and was offered financing which sounded like a good idea at the time (as I had other large expenses).  Given my verbal consent to apply a "soft" credit check and had given the required personal information. Finally, received the product and financing was approved.

&#x200B;

A couple of weeks after the purchase I discovered that the sales rep actually applied me for a credit card. Never did he state this during the sales process nor have I agreed verbally or signed for a credit card.

&#x200B;

Once discovered I acted quickly and had done the following:

1. Called the sale rep and told him that this business practice is unacceptable.
2. Called the credit card company paid the whole amount, requested to close the card, updated the credit bureaus and requested an investigate (to be done by the credit company).

&#x200B;

A few days ago I got the results of the investigation back from the credit company. The conclusion of the credit company was that this transaction and the application were **fraudulent** for the following reasons:

1. I did not request the credit card.
2. I have not signed (nor consented) for the credit card.

&#x200B;

I am now considering to sue the store chain for the following:

1. Personal compensation for the "grievances".
2. Prevent this business (and others) from "unethical business practices".

&#x200B;

Should I try suing the store chain? or just let it go?

&#x200B;

Thank you.

Answer:
 Store financing 99.9% of the time is through a form of Credit Card. Depending on purchase amount, sometimes this will be set financing and set low/0% apr for a certain minimum purchase.

You consented to it when you gave your information and a verbal "ok" to apply for financing. Next time, ask questions if it's via a credit card or other method of credit. When I worked retail, most individuals already figured it'd be a credit card as it's pretty common knowledge.

If you're really disgruntled about it, best thing to do would be to pay it off and close it then ask better questions next time. You could possibly consult a lawyer, however in my non-legal opinion, it sounds like you're making a mountain out of a mole hill simply because you didn't ask enough questions.

Sorry, OP. Most stores use department credit cards financed by other Banks, and they'll be openly advertised throughout the store and the counter.


Title: I'm so lost right now. Police have deleted text messages from my phone and I just don't know what to do.

Question:
I was arrested by the police in May 2014 over accusations an girlfriend levied against me. The police took both of my phones, which contain evidence of the girlfriend threatening to 'tell the police all about me' and 'bring me down', as well as other texts that prove my innocence and show this was part of a poorly planned revenge scheme against me by her.

During the case, they've given me and my lawyer downloads from the phones, but they've either given me the wrong downloads or downloads that do not include the texts. I've asked for the phones back, but they've refused, claiming they might need to sell them down the line due to Proceeds of Crime (it's an outdated iPhone and an old Sony Erikson).

I was convicted and sentenced to 3 months in Prison earlier this year, and now I'm released, I'm facing Proceeds of Crime on all of my assets.

I've finally received the phone backs (they're not ordered for forfeit, so they had to release) and, barring one text that looks incriminating without context and was used against me as evidence of my guilt, all the texts from my girlfriend are gone. All the texts from a 4 year relationship.

The texts were definitely deleted while the phones were in police custody.

I've found an old iPhone back-up and the majority of the texts are still on there, but my lawyer claims the Police could just say I deleted the texts, barring the incriminating one, just before they arrested me.

How can I prove that these texts were deleted under their custody? Data recovery experts Kroll claim they can retrieve deleted texts, but not when the texts were deleted.

I'm so lost right now. I could be losing my home.

Location: I'm based in the UK and this took place here.

Answer: As the criminal justice, legal, and appeals process systems are appreciably different that in the US/Canada (where most of the posters of this sub inhabit), try /r/legaladviceUK.


Title: Physically disabled (32/F/Illinois) getting divorced by (37/M/Indiana), and he cut off my health insurance. Legal?

Question:
Hello friends.  I am a physically disabled woman with Muscular Dystrophy.  I became legally disabled while married to my husband.  There is no cure for my condition, and it will get worse until I die.  We were wed in 2010 and lived together from 2006-2013.  We have been in the process of a divorce since 2013 and I moved to Illinois when we became separated.  He is still in Indiana.  We were never legally separated. We have no children together, but I helped to raise his daughter (now 17) for the entirety of our relationship.  He has joint custody of her.

He recently changed jobs and decided to not cover me under the health insurance that he's receiving.  Because I work about 40 hours per month when I am able, I am unable to receive Medicare or Medicaid, as I make too much money.  However, I am unable to afford insurance, which would cost about 80% of my income.

I was told by a couple of lawyers that because we are still married, it is not legal for him to cut off my health insurance.  He is being represented by his sister, a brand new lawyer, and she claims he is not legally bound to provide health insurance or support from me.  He makes six figures, and I make just enough to be over the poverty line because of my disability.

He is trying to settle for $10,000.00 in support, a one-time payment.  I am trying to stay amicable and avoid fighting, but have also been told I am being stupid by not fighting for a huge settlement.  Any advice is greatly appreciated.
Topic:
Custody Divorce and Family

Answer: You need to hire an attorney. Honestly that is your next step.


Title: Company sent out memo that saying there will not be any bonuses this year. Can they do this?

Question:
I have worked here for 15 years and many of my co-workers have been here even longer. For at least the last 30 years the company has given every single employee, from the janitors up to the managers/supervisors an end of year bonus in December. Many people depend on this bonus to help them out around the holidays. Yesterday a company wide memo went out which stated that due to unforeseen circumstances and hard times, the company will not be giving an end of year bonus this year and they wanted to tell us now so everyone would have plenty of time to plan/save for the holidays.

The unforeseen circumstances and hard times they mean are the fact that the company lost a wrongful dismissal lawsuit this year and was forced to pay big money (rumor has it 6 or 7 figures) which ate up the expected profit margin. My co-workers and I feel it's really unfair to deny us our bonus because the company messed up and a former co-worker was sue happy. There is nothing about it in our employment contracts but they have been giving it for so many years and we all depend on it. My question is, can they legally deny us our bonus? I'm in Ontario, Canada.

EDIT: To the asshole who inboxed me saying you are going to rape "your mother, your sister and your wife". fuck you.

I just wanted advice. I get it there is nothing I can do. No need to be harsh or troll my inbox.

Answer:
 > Many people depend on this bonus to help them out around the holidays.

They shouldn't.


Title: Got offered $10K for marrying a girl so she can go home to Peru and then have access back to the USA...

Question: [deleted]

Answer:
 > This is marraige fraud right?

Correct!


Title: 23 [M] Friend asked if I would be willing to be his guarantor

Question:
Hi,

I have a friend who is currently looking to move out to New York. I have personally been friends with him since 7th grade, and I consider him one of my closest friends. While I would love to be his guarantor (his parents/relatives aren't qualified for it), I fully understand that the his burden of paying rent would ultimately fall upon me.

Profile of the tenant: The guy has a nice job in Investment Banking. He also has no savings, and student debt of about $180,000. Payments to this debt total about $770 per month. His rent is expected to be about $1,500 per month. Utilities on the high end are $200, and his gross income per month is about $7,000. His credit score is shit.

I assume my friend has at least six months of work available to him, and he agreed to pay me a security deposit of one month's rent up front, so that gives me a total risk limit of 5 months rent plus damages if he incurs any.

In general, I have been employed for more than a year, have great credit, and want to reduce my exposure to this guy as much as possible. That being said, I still would like to help him if I can minimize the risk on my end as much as possible. Do you guys have any advice as to how I can agree to become a guarantor while minimizing my risk exposure to this guy? (e.g. are there ways to make contracts binding him to pay me if he defaults, anything of that nature?) Thanks again!

Answer:
 Do not ever sign as a guarantor unless you have both the means and the expectation to cover the commitment.

LPT:  Never sign as a guarantor.Answer #2: > Do you guys have any advice as to how I can agree to become a guarantor while minimizing my risk exposure to this guy?

Becoming a guarantor means taking on risk. That's the whole point. I get that you want to help your friend but what you're asking is akin to "how can I go rafting and minimize how wet I get?" The only way to guarantee you don't get wet is to not get in the raft.Answer #3: There's a reason his credit score is shit: He's a bad risk.

If, however, you do decide to do this anyway, be sure to limit your liability.  The guarantee you sign should say something like "Notwithstanding anything else herein, Guarantor's maximum liability hereunder shall be $X and Guarantor shall have no responsiblity for any liability arising under any renewal or extension of the lease.  This guarantee terminates on [date]."  Answer #4: The correct answer to this request is: "No."


Title: I was charged with littering and given 1 month probation a $227 find and 8 hours of trash pick up community service. But I sprained my ankle bad and will not be able to do the trash pickup before the last day assigned. What do I do?

Question:
Topic:
Other Civil Matters

Answer: Grab some crutches and limp along and do it.


Title: Death of a legal permanent resident

Question: My spouse passed away. He was a legal permanent resident (Green Card holder) of the US, but a Canadian citizen.  He had been in the US 18 years. Do I need to inform the Canadian government?

Answer: IANAL. Canada has a universal pension plan, so you may be entitled to a survivor's pension from the Canadian government, assuming your spouse worked in Canada and contributed to the Canadian Pension Plan. Contact the Canadian Consulate to find out how to contact the CPP and get the ball rolling, they'll probably want to record the death of a Canadian abroad, although it's probably not mandatory for you to report that (it being impossible for the Canadian government to exercise any jurisdiction over you).Answer #2: Yes. Basically you need to inform the [Canadian consulate](https://travel.gc.ca/assistance/embassies-consulates/united-states) in Washington. Here's the [general page](https://www.canada.ca/en/employment-social-development/services/benefits/family/death.html).Answer #3: Sorry for your lossAnswer #4: My deepest condolences


Title: Is it legal for my employer to financially discriminate against me, essentially fining me, for simply being their employee?

Question:
Throwaway account because I'm pretty sure coworker knows my real account, and I don't really want them snooping my post history and bringing this up at work.

I recently started working for a public university in OK, USA. Upon signing my employment paperwork and starting the job, no one told me in any verbal or written capacity that I would be expected to pay for a faculty/staff parking permit. About a week into the job, my supervisor told me I needed to get two parking permits: 1 free parking sticker provided by another department that our department leases our specific office space from, and another one from the campus parking office that I would need to personally pay out of pocket for. The free sticker is supposedly just to signify that I can park in the employee spot at our specific office building, whereas the paid parking pass is something all employees are expected to get if they park a vehicle on campus. So, in order to be able to work there, they are requiring me to give a portion of my salary back to them if I choose to drive to work. Now, this situation certainly rubbed me the wrong way, but I had no problem doing what everyone else does and just dealing with it.

The parking office ostensibly  offers a payroll deduct option for employees to pay monthly for their parking permit, instead of all at once. This would mean that when I get paid (once a month), the payroll group would deduct 1/12th of the total cost of the permit (hundreds of dollars) per year. I was willing to go along with that, but the cycle for parking permits renews just before the fall semester starts, and I was hired in mid-summer. Once summer begins, they don't allow employees to begin a payroll deduct plan, and just expect them to pay upfront for the pro-rated remainder of the summer. Since I was living paycheck-to-paycheck at my last job, I barely had enough money saved to afford gas to get to my new job until I got my first paycheck at my new rate of pay. I was trying to move to the city where I got the job, so I was commuting from over an hour away until I found housing closer to the new job. I literally could not afford to pay the ~$50 upfront they wanted for a summer parking pass, but they refused to begin a payroll deduction program. I declined to pay and walked out.

Over the next few days, I was talking with some other employees that worked in the building. There are several other businesses housed there that are not affiliated with the university, they just lease the space in the building and do their thing. I discovered that none of those people have to pay for any sort of parking pass, they just get their free sticker and park in the employee parking right next to me.  This piqued my interest, so I went back to parking office and explained my situation, told them the office I work for, and asked if I actually need the paid parking permit, or just the free sticker, as long as I never ever parked anywhere else on campus except for where I was employed. They said "If you are an employee at (that building), working for the university or another business, you do not need to have the paid permit, only the (free sticker from leasing department)." I told them that sounded great and walked out. By this point, I had the free sticker attached to my car already, so I was feeling victorious. About a week later, I wised up and decided to ask for that policy in writing in the form of an email to my university email address. The parking office obliged and one of the employees sent me an email confirming that I was indeed not required to get a paid parking pass if I was an employee at my building, had the free sticker attached to my vehicle, and didn't park anywhere else on campus. Great! I don't park anywhere else on campus and I'm totally fine with that.

Fast-forward a few months, and one of the parking managers is reaching out to my supervisor saying that one of his employees (me) was misinformed by some of the workers at the parking office, and that my affiliation with the university means I am required to pay for a parking permit to park there. The other businesses in the building aren't paying for their employee's permits or anything like that, they literally just aren't required to have them.

So, another department at the university is requiring that I pay them hundreds of dollars per year, specifically because I am an employee of the university. If I wanted to park literally in the exact same parking spot every day, but I had decided to work at the taco shop in the same building, I would not have to pay and neither would my (hypothetical) employer.

So, I feel that I am being discriminated against based on who my employer is. Is it legal for someone to financially discriminate against you and fine you based on who your employer is, even if they ARE your employer?

ps. I realize this is somewhat ridiculous and I should probably just suck it up and pay for the parking pass. Since I am now able to automatically deduct the cost from my payroll every month, and can afford to do so, that is most likely what I will do. However, I would like to be armed with any relevant knowledge before I make that decision or make my case to my supervisor.

Answer: I've only worked at three universities in the US but I had to pay to park at all three of them. This is pretty standard.Answer #2: This is way to long, but I read to the point where you have to pay to park at your job. Of course that's legal, its incredibly common, your job is not required to provide free parking.


Title: Not sure if this is the right place for this, but can public schools ban students from carrying water bottles?

Question: My school recently prohibited students from carrying water bottles in the school anywhere but the cafeteria, meaning no water bottles in class or the hall ways. However, it is completely fine for the teachers to have their own. Is there a legal basis for the school banning hydration?

Answer:
 Perfectly legal. You unfortunately don't have a right to carry a water bottle around the school.

This is backed up by the fact that the school has a legitimate reason for banning water bottles.

The fact that teachers are allowed water bottles is irrelevant, as they are employees, not students.


Title: [VA/AK] Legal for employer to deduct monthly fine for smoking?

Question:
I work in Virginia for a company headquartered in Alaska. If it matters the company is Inuit owned, I'm a government contractor, and I work in a federal facility.

My employer deducts $50 per month if you smoke due to the increase in insurance cost for them.

My questions:

Is this legal?

Is my insurance allowed to share this info with them if the company asks. I recognize if I lie to the company I could be fired.

If this is legal, where is the line drawn? Are they allowed to charge the fee if I drink? If so, what about if I was a diagnosed alcoholic? Could they charge me for having diabetes?

Thanks

Answer:
 It’s legal. The line is drawn pretty clearly and easy to find with a google search:

>Under the health care law, insurance companies can account for only 5 things when setting premiums.

>Age: Premiums can be up to 3 times higher for older people than for younger ones.

>Location: Where you live has a big effect on your premiums. Differences in competition, state and local rules, and cost of living account for this.

>**Tobacco use: Insurers can charge tobacco users up to 50% more than those who don’t use tobacco.
>Individual vs. family enrollment: Insurers can charge more for a plan that also covers a spouse and/or dependents.**

>Plan category: There are five plan categories – Bronze, Silver, Gold, Platinum, and Catastrophic. The categories are based on how you and the plan share costs. Bronze plans usually have lower monthly premiums and higher out-of-pocket costs when you get care. Platinum plans usually have the highest premiums and lowest out-of-pocket costs.

Emphasis mine.

https://www.healthcare.gov/how-plans-set-your-premiums/

You can be charged more for smoking but not all the other things you mentioned.


Title: [CA] Woman threatened to call the cops for PDA?

Question: My boyfriend and I were making out in a public park when a lady who was directing what I assumed to be an after school program came and yelled at us, threatening to call the cops, as well as record the exchange. We are only 16, and were a good distance away from children in the surrounding area. While I've done SOME research as to whether or not it was illegal, I'm not 100% sure. There were no genitals and/or breasts exposed, and there was 0 contact with genitals. Would it have been illegal since she was offended by our PDA, and would it have been illegal on her part if she had began recording without our consent?

Answer:
 You were in public -- she's free to record you.

As for what you can do, you can get in trouble even if nothing is exposed.  Hopefully I needn't provide examples of sexual acts that don't expose genitals.  Even if it isn't indecent exposure, it can be disorderly conduct.


Title: Can I choose the courthouse where i want to get married?

Question:
Not sure if this is the right sub to ask this but here is my issue and I would appreciate any advice. My fiance and I are thinking of getting married in court in the next month or so. We are both residents of a town in Central Jersey and do no want to get married in that court house. My abusive ex and I were married there 9 years ago, and that place gives me bad memories. Can we choose where to get married, without being residents of that town? Possibly a city that means a lot to us? Thanks for your help!

Location: Hoboken NJ

Answer:
 So out-of-towners can get married anywhere, but residents can not?

Weird.

Can you get someone who is ordained to do a private marriage for you?


Title: Partner has control of project assets and is not responding to texts/emails/calls

Question:
So me and another guy have been working on a project for awhile.

I own the domain we're using and I have it pointing to a host on which our assets (html/css/jvs code and database backend stuff) are hosted.

I don't have the login information for this host. I've done all my work through him. I'm also a programmer, but he wrote the code. I've been generating content that the application uses and I designed most of the whole thing.

We had an agreement, which I can only really prove via Skype conversation logs that this was a 50/50 deal.

He recently got hired at Amazon and part of his employment was predicated on this project since he cited it in the interview.

Now I haven't heard from him in a month. I recently contacted him asking for the login details for the host, so that I could continue working on the project. Since I have potential investors and am consequently in a more time sensitive situation, I want to proceed but now I have a bigger concern.

His complete lack of response and unwillingness to respond to texts, emails, facebook messages, or calls, has me worried that either

A. he wants to take the project and run
B. something in his employment contract is precluding further work on this. he mentioned that amazon may have some competing projects that touch slightly on the same domain and therefore he might have some issues continuing work but that it would probably be ok
B-1. So maybe he isn't allowed to work on it or even let the project continue
B-2. Or maybe amazon thinks the project is entirely his and he doesn't want the truth about that to be known since it might jeopardize his employment.

My question is, what should I do now?

I haven't sent any threatening messages yet. I was considering telling him that I would contact a lawyer and/or Amazon about this if he continued to fail to respond. But I felt that was extremely committal and though I would be willing to get a lawyer and fight this, I was wondering if that was the right course of action.

I'm really at a loss for what to do since I've never encountered a situation like this before.

edit: I should also mention that I'm not even sure it's not simply the case that he's blowing me off because of his new job and/or girlfriend. Has completely lost faith/interest in the project and simply wants nothing more to do with it. But even if this is the case, I need to be able to continue work on the project and his refusal to respond is hindering that.

Location: I'm in Texas, the other guy is in Indiana

Answer:
 It seems to me the main issue here is copyright. The practical matters can be solved because you control the domain (which you can simply point to another hosting service) but since it seems you didn't agree to anything about copyright he owns the works that he made. To use his software you'll need his permission. Vice versa, depending on how much you did, he may also need your permission to continue. Hence, you'll need to get in touch to be able to continue working on this.

That said, the two of you do have a contract and if he abandoned the project you may be able to sue him for damages resulting from his breach of contract. You should have a lawyer look through the chat logs to see whether this is the case.

As for what to do now, I would start off by sending him a registered letter requesting that he continue to work on the project as agreed. Again, it might be a good idea to ask a lawyer to help you with this.


Title: Is throwing a pillow starting assault?

Question:
Australia.
Both in our 30s.

So I threw a soft pillow at my brother over a dispute over a TV session, it was my time to watch and he didn't want to give it up, and he got angry, retaliated, punched me 4 times in the back hard and once in the face. I have back soft pain now as he goes to gym and I dont. I had my hands up in the air the whole time not defending myself at all letting it all happen.

He reckons he would win in a police case because he was defending himself against me against 1 pillow throw which I had no intention to throw anymore since I walked away and it was self defense.
Topic:
Personal Injury

Answer:
 Four punches to the chest and one to the face is not a reasonable response to having a pillow thrown at you. You can defend yourself, but it has to be reasonable to the original assault.

Throwing the pillow back would have been reasonable. I don't think things would go in favor of your brother nearly as much as he thinks they would.Answer #2: You're in your 30s?  You both act like elementary-aged childrenAnswer #3: The response had no common measure with the initial "assault" .
Your brother is full of shit.  Answer #4: Throwing the pillow was assault.

But as soon as you stopped throwing pillows, the assault ended.

So when he hit you, it was not self defense, it was a new assault.


Title: Have dashcam footage of accident. Anything I should do with it?

Question:
I happened to catch a low-speed 4-car accident on my dashcam this morning, and I was wondering if there was anything useful I could do with it.  I've saved the unaltered segment and edited out a snippet around the actual accident.

Is there any sort of insurance claim evidence clearinghouse I could send this type of thing to?

I'm in California, and reported the incident (along with potential existence of video) to the CHP immediately.

**Edit:** [Here's the video](https://www.reddit.com/r/Roadcam/comments/3bk1i4/usa_oc_wrong_pedal_yep_still_wrong_pedal_you_can/) for those interested.  Rather mundane really, not even any visible airbag deployments.

Answer:
 You can post it to /r/roadcam. They would enjoy it. Answer #2: The footage would be very helpful to the four parties. (Well, probably, unhelpful to one of the drivers.) Contacting CHP (assuming this was a highway and not some local road) is sensible first step. Hopefully, the responding officer contacts you and asks for the footage. He can then send it to the other parties.

You could do an end-run around the CHP by requesting the accident report and then directly contacting the parties; But, maybe hold off on that for now.


Title: Unemployed MA, great short-term opportunity for work. Can I delay payment for three months until my benefits run out?

Question:
Hi r/legaladvice,

I am elegible for unemployment benefits for another three months and I am in a tough predicament. I got a short-term opportunity for work that could turn into a full-time job, but I am unsure if I should take it. I was hoping to delay my payment for three months after my benefits run out so that I don’t suffer financially after this period. Is this legal?

Thank you so much for all of your help!

Answer:
 No you can not take a paying job, delay actually getting paid, keep collecting unemployment, and then collect a lump sum at the end to have your cake and eat it too.

That would be fraud, and it's a felony.


Title: [OR] Owner occupied Home, Asked to leave

Question:
Pretty much all there is to it, it’s not a rental unit.
The home owner lives in the house and I’m renting a room from them.
We share living spaces and I pay fixed amount of “rent” each month and split electric.
This was a completely verbal agreement as I’ve known this individual for a few years.

Now the homeowner had asked me to move out because they would like to increase the rent for the room.
They said another reason was that I just simply do not fit in well or get along with other people living there.

I’m curious about what rights I’d have if anyone had any ideas.
I understand that I most likely would be considered a “Lodger” and not a “Tennent” because it’s an owner occupied home.
But I cannot find information specific to Oregon about the matter.

Ideally I’d like to move out by the end of March or April but they have asked me to leave by the end of February.
I cannot afford to move again until I’ve saved up money so Im trying to find out how much time I’d have if the owner served eviction papers or if that’s even required.
I do not want to be thrown out on the street, I will lose my job and life will ultimately become much more difficult but I feel I have no other options other than digging down and fighting for the room to buy myself another month or two.

Answer:
 They have given you sufficient notice to be out by the end of February.

Yes, forcing her to evict you will buy you time, but it will cost you your ability to rent in the future. You do not want an eviction on your rental history.


Title: Do I need a lawyer? Got a subpoena to provide my testimony on a case against the driver who failed to yield to my scooter and broke my knee. (TX, US)

Question:
Hi All!

I was in a collision May 10th. I have an electric scooter I used to get to work - about a mile away. I had been using the sidewalks most of the way, since I had confirmed with our local PD that my type of scooter cannot be driven on roads where the speed limit is 35 mph or greater.

I was heading back to work after lunch that day, and a car pulled out from the Post Office parking lot. The driver went past the stop sign on the exit driveway, did a "rolling" stop, and looked in my direction. I thought she was stopping for me. By the time I saw she was pulling out and blocking the sidewalk, it was too late for me to stop. I crashed into her car/door, and injured my knee from the impact.

The officer on scene gave her a citation for failure to yield. I have the police report, but since there is personal info on it I'm not sure if I should post - let me know if it would help.

I have been recovering since the accident, I ended up with two fractures in the fibula, and had to be on crutches for several months.

I have been going through my insurance for the health expenses, and advised them that the other driver was at fault for the accident. They said they would pursue them for their costs, and  I needed to open a claim with her insurance for my out of pocket.

I spoke with her insurance and have been waiting to finish my last doctor's appointments before filing the full claim with them.

I got a call today that I have been subpoenaed by the prosecutor in the driver's case. She plead not guilty to the citation and the case is now going to court, as the victim/witness they need my testimony for her trial. I have an appointment to meet with the prosecutor in a few weeks.

I have never been to court before and have some questions....
Do I need my own lawyer?
Any recommendations for the meeting?
Is there anything I need to be aware of?
Is there any risk for me in testifying?
Can they overturn the citation, and would I then be liable for the crash damages myself?

Thanks for your help!

Answer:
 As someone who has testified in court a lot.

You don't need a lawyer, you didn't do anything wrong, nor are you being charged.

Be honest, give simple yes or no answers and only offer explanations if asked for them.

Criminal Court and Civil Court are two different things.  Civil Court has a lower burden of proof than Criminal so even if the driver is found not guilty of the crime, they can still be found liable for your damages.Answer #2: If you intend to pursue a personal injury claim against the driver, I would recommend that you consult with an attorney prior to testifying.  It is possible that you might testify in a way that hurts or bars your claim.  Good luck.


Title: Being Sued by Wells Fargo for credit card debt of ~$10,000. Need guidance

Question:
I am extremely scared about this ordeal. Lost my job in 2014, didn't find work until late 2015. Racked up $10,000 in credit card debt during college and traveling up to 600 miles for job interviews after the downsizing.

I got a letter in December 2015 about the debt, they closed my credit card account in October of 2015.

So I called the number on the letter from Wells Fargo's lawyer and left a message with the him. I received nothing (no letters or phone calls in return) until today when I got a summons to appear in court by a deputy.

I have no idea what to do. I can't afford to pay back the $10,000. I have about $350 total.

I make $1,500 a month.

Am I getting sued and likely going to be put in jail because I can't pay the debt yet?

What do I do? I have no idea what to do.

I am located in Nebraska.

Answer: Check the r/personalfinance wiki on collections. You'll get through this. Expect a wage garnishment, but it's survivable. Answer #2: You won't go to jail. They will get a court judgement so they can garnish your paycheck


Title: Just got served papers saying I am being sued for a 2 year old car crash

Question:
I am being sued for 50,000 for a car wreck i was at fault of almost 2 years ago. I was insured at the time and have no idea what to do . I don't even know what it means to "Appear" within 30 days. i need it to be on a proper form and have proof of service of plaintiff's attorney. what does that mean? how should i proceed? Shouldn't my insurance have taken care of this, isn't that was i paid them for for like 6 years?

EDIT I am in Oregon, in the US.  I called my insurance and they said "It's still an open case, hmm, you should call the adjuster" and that was it. the adjuster is not open now. anything come to mind that could cause this to still be an open case?

Answer:
 Your insurance should take care of this.  Provide the papers to your carrier or agent ASAP.  The carrier should defend (pay for your lawyer) and indemnify (cover your loss up to the policy limit) you as long as you had coverage at the time of the accident.

Edit:  It’s not uncommon for insurance claims involving personal injury to drag out.   Insurance carriers want to be sure that any injuries aren’t going to get better before making a payout. It can take 1-2 years for a person to reach “maximum medical improvement”. It can take longer if the injury requires surgery.

It looks like the stature of limitations in your state is 2 years.  The injured person’s attorney likely “put the claim into suit” to keep the preverbal door from being slammed shut while the claim was worked out with the carrier.

Take it seriously - get the papers to your carrier - but don’t lose sleep about it. Answer #2: Your insurance should have taken care of this, and likely did. Contact your insurance again and inform them. This is what you pay them for.Answer #3: This happens.  I rearended a driver at a light and 2 years after the accident her husband sued me for something called lack of consortium.  Basically he was not getting any nookie so he sued me for ~~50000~~ it was only $25,000.  When I called the insurance adjuster/claims person they said it was expected to get something like this around the 2 year time frame.  They will deal with it.
edit suit amount.


Title: (Georgia, USA) Smoking on school grounds after hours

Question: [deleted]

Answer:
 if you are still students then you can get in trouble if smoking is against the school code.  if you are not students then you could face a weak trespassing charge, but likely nothing will come of that.

all in all, it's probably not a big deal.


Title: Can my landlord ban me from using the backyard?

Question:
My partner and I recently moved into a new apartment.  It's a very large townhouse split into apartments.  2 efficiencies on the first floor, 2 efficiencies on the second, and a one bedroom (ours) on the third floor.

I have a service dog and one of the perks of this apartment was the fenced in yard so we could take her out back and hang out.

The lease says that tenants receive shared use of the premises.  When we were viewing this place, the property management agent showed us the yard and we mentioned how it was the selling point for us.

We noticed that the people in this building are kind of recluses and NO ONE uses the back yard.  Well, we have a portable charcoal grill and have been spending a lot of time in the back yard (just us) to make dinner, set up lawn chairs, drink some beers, eat, and let my dog hang out off duty outside- something she never got to do in past rentals.  When we are done, the yard goes back to normal.  Everything is cleaned up, trash is disposed of immediately, dog poop always picked up, lawn chairs folded and placed into the hatch of the car for next time, grill moved to the corner.

Well the property management called us and told us that we are not allowed to use the back yard.  Apparently, the owner of the house's mother lives there and has severe asthma and the smoke from our grill comes through her window and gives her asthma attacks.  He also told us that she is allergic to dogs and that the dog hair "blows" onto her back porch, giving her hives.  And he said that we cannot hang out back there, as that's not what the yard was intended for.

 "Shared use of premises," he said, implies that we can all have access to the yard in order to walk through it to get to our cars, and that the dog is no longer allowed back there.

Now I think this is kind of ridiculous.  We are good, clean tenants, and if this lady's asthma is so bad she should close her back windows.  Also, I'm sure my disability is much worse than her allergy, and I'm sure she's making it up to begin with.

How should I proceed, Reddit? Am I within my rights to stand firm and say "no!" or do I have to comply since this is a common area?  Can I tell them that if they ban me from something that they implied I had access to, I will sue for diminished value of lease? Thanks!

EDIT:  I'm in Pennsylvania guys! Sorry, forgot that!

Answer:
 I would just ignore this attempt to stop your use of the back yard. They would have to sue to evict you. If the neighbor doesn't like BBQ smoke she can close her windows. There isn't enough dog hair to cause hives. Tell them if you are forced into court grandma is going to be hauled in for deposition and you will subpoena her medical records. Answer #2: It's called "tenancy in common". The backyard is a "common area" and therfore you and the other tenants have reasonable access and use of that area unless otherwise stated in the lease.

If it states in the lease "no BBQing" then you have to stop. Read your lease carefully.

Remember one thing though and this is important. There is something called "covenant of quiet enjoyment" that is either written into a lease, or implied by law. This means that the landlord can not allow a situation to continue that prohibits you from quiet enjoyment of your property. If she does allow this, it is considered "constructive eviction". It's very complicated but this is the way you can actually get out of your lease early. Although she may try to fight you in court.

EDIT: Take notes! When she calls, what she says. Does the mother come and bother you? Record it somehow. If this has to go to court, you looking prepared will improve your chances.


Title: My mom wants to sue the landlord for indirectly breaking my phone. (FL)

Question:
My mom and I don't live in the best apartment ever, but it is habitable. Our landlord does come monthly to collect rent and to fix things. He is a very defensive person, like my mom.

Here are some details I feel necessary to mention: we live in a two-bedroom apartment on the second floor. The stairs we use to get down are kinda weird, as most of the steps are not completely leveled and slope down a little bit. It was also wet since it rained the night before.

This morning, he happened to be here to install smoke detectors into our rooms. My mom told me to walk the dog, so I put on my sandals, get my phone, put it in my back pocket, put on the leash and walk out the door. As soon as I take the second step down, I slip and fall down a couple steps more, landing hard on my butt.

Now I ended up with a bent iPhone and a hurting back. I actually had back problems a couple of months ago so the pain is slowly coming back. My mom showed him the broken phone, implying that he should pay for at least my phone since the conditions of the apartment are technically his responsibility, but never explicitly said so. He claims that it isn't his fault at all, so a small argument ensues between my mom and the landlord, resulting in an extra $50 added to our rent, when we can barely pay what we already owe.

She also broke her phone at the same step by falling some time ago, and even slipped again there this morning before I fell, so she wants to sue him. I just want to know how exactly we should proceed with this since by suing him, he may kick us out of the apartment or something. Any advice would be great, and I'll try to answer any questions if any of this was unclear.

Thank you in advance.

Edit: My mom and I went to the walk-in clinic, and we both have a sprained back. This would increase our chances if we talk to a personal injury lawyer? And technically the landlord is responsible for fixing everything on his property, since he comes to fix most of it himself. Also, with the stairs, they happen to be very smooth, if it means anything.

Answer: This is not the landlords fault. Sorry.


Title: Can my boss sue for loss of business(?) if I walk out right now? [va]

Question:
I’ve been going through some seriously damaging personal issues the last month, and it’s has seriously affected my mental and physical wellbeing. I told my boss I would finish out April out of loyalty, but every day I’m here in this city, I’m getting worse and worse. It’s getting to the point where I am concerned that I am in danger. I need to leave, as an act of self preservation.

When I tried to communicate this to my boss in regards to the schedule, thinking maybe we could work something out, she blew up and chewed me out about how I don’t respect that she’s busy and her business is important, and that I should just get the other women to cover my schedule.

This is kind of the last straw in a series of selfishness myopic behavior on her part and I am 100% done. She is soulless and has no compassion for anyone. Under normal circumstances I’d wait until the end of the day and tell her to shove off, but at this point I’m ready to walk out right now. I work alone, so it would be me closing up the store.

I realize this is a very emotionally charged response but unless there’s a legal reason not to do this, I’m going to.

Answer:
 If you're under an at-will employment agreement (meaning you're not under contract), then you're free to quit at any time, for any reason.

It would be a bad idea to quit and leave the store open and unattended without making arrangements or at least letting someone in charge know.  That would be negligent behavior that they may be able to come after you for, in the event that something happens.


Title: CA - Fathers Rights / Child support (not married)

Question: I’m single and 20 weeks pregnant.  I’d like to know what rights my ex has.  He left me about two weeks after I found out I was pregnant.  We had talked to his family and we were trying to move out of my parents house, then one day he left because I was making life choices he didn’t sign up for, is what he said.  Really he was just looking for a way out. Anyway, we haven’t talked since May/June, and he said he wasn’t planning on talking to me anymore.  It took me a while to get over the relationship and to realize that I’m going to be a single mother.  I’ve moved on finally, but now I’m worried that he will try to get custody over the child when its born. I would like to file for child support but I don’t want him to be in the child’s life.  He’s shown no effort, no support, and no interest in the baby.  He hasn’t asked how the baby is or about appointments.  I tried to contact him today to talk about the baby and what will happen after its born, but I got no reply.  I don’t think I will file for chid support because I’m afraid he’ll want visitation rights.  I don’t want him to show up one day and take me to court, which he might do even if I don’t file for child support.  I’m only concerned about this because his dad threatened me that they would fight to get the baby.

Answer:
 You don't get to decide his involvement after the child is born.  He has the right to parent his child if he wants to.  He also has the obligation to support the child.  Those two rights are separate.

He has no obligation to have any contact with you now.Answer #2: He's likely going to be able to get visitation if he wants it and joint legal custody, that's fairly standard.

You should file for child support once the kid is born. Answer #3: You should file for child support and you should make sure that you have a lawyer when you do so so that you can also express your preferences in custody and visitation.

It is easier to be the person filing first than to be the person responding to someone who has filed, and you have already been told that he is intending to file to make sure that his rights are upheld.

While mothers do have the upper hand in regards to custody with newborns and infants - especially if they are breastfeeding - more and more states are heading towards joint legal and often joint physical custody.

Attempting to prevent the father from being involved in the life of his child however, can only backfire on you because the courts do consider which parent is more likely to facilitate the child's  relationships.


Title: could I take legal action against a traffic fatality that 15+ years old?

Question: [deleted]

Answer:
 If the authorities declined to pursue charges when the evidence was fresh, then the likelihood they decide to do so now, when no evidence is likely to still exist, is near zero.

Feel free to call up the district attorney's office in the county where it took place and speak to someone.


Title: Post on social media that you got fired.

Question:
Hello there,
I am asking for a friend that put his two weeks in the other week and Thursday would have been his last day but they terminated him last night for some bogus reason. He isn't worried about it as he has a different job already. But he posted on social media that his old job just opened up and the former employer send him an email that he might be sued for breaking the confidentiality agreement they had.

The company allowed him to state on his Facebook and LinkedIn that he works for them and such, why would it be against the law to say that his position just opened up?

Is it against any law to say you got terminated?
Anyone that can explain that a little more?

They also stated that he might have given out some information about his position and what his work was about but he would never give this information up.

Not sure if it helps to say what company he worked for.
And he is in Texas.

Answer:
 > against the law to say that his position just opened up?

It's not against the law, it's a breach of contract.  If he signed an agreement not to disclose certain things, then he can't disclose them.  They have the option of agreeing to let him do something that violates the contract, but have no obligation to allow it if they don't want to.


Title: I took my car back from repossession lot in Texas

Question: I did not break in, the car was repossessed past Friday,  I was able to find out who repossessed it,  I went to the location initially to pick up my belo from the car but I noticed the car was just parked in a lot, went inside my car and just drove it away as I had the keys.  What should I expect

Answer: It's grand theft. They legally had possession and you stole it. Expect a felony and arrest.


Title: Prosthetics, Property or people?

Question: if a claimant injures a prosthetic does that count as PI or property damage? [UK]

Answer: Almost certainly property damage.


Title: Is it illegal to use mass suicide as a threat?

Question:
And is it illegal to convince people to commit suicide for a cause?

If so, is it also illegal to use "solo" suicide as a threat?

Answer:
 This isn't an appropriate thing to discuss. Trying to convince suicidal individuals to kill themselves has been litigated as murder. Couching it as "for a cause" is irrelevant. If someone has committed suicide then that person was obviously suicidal, the group's leadership would likely be facing absurd imprisonment terms.

More specifically "do this or I'll kill myself" is a form of blackmail. It's ethically bankrupt and not legal. It's often used in domestic abuse situations, and only works sometimes in that situation. Trying to apply the same horrible tactics to society at large is unlikely to be successful and also a horrible way of going about things.

If you're trying to change things for the better, killing the people most committed to bringing about that change is unlikely to result in the desired outcome. "Martyrdom" is a reaction against an external power trying to quiet down someone saying something that people believed needed to be said. It's not as simple as a political message + death.


Title: I have 4 years before I lose my Australian and Norwegian dual citizenship. I would like to change the law or something like that. (Serious) :)

Question:
Thank you for clicking on my post! Please help me, I would be eternally grateful.

The Norwegian government will take away my dual citizenship when I turn 22 and I will have to chose a country to have a citizenship in. I need to change this somehow.

This also applies to my siblings and people I know in Australia. And also people I have read about online.

I am still awaiting a reply from the Norwegian embassy about this.

How can I influence the government to change this?? Or at least make me the exception to this rule?

Can I be chosen as the yearly "charity case" by a legal company? How can i become a "charity case"? (like in the Mabo v Queensland case)

If I need a lawyer, I only have $13,000.

I think Norway has community lawyers that work for free, like in America and Australia.

In the Act on Norwegian nationality section 18, it says:

"The King in Council may by regulations make provisions regarding exemption from the conditions for acquiring nationality laid down in this chapter for special groups of applicants." .
http://app.uio.no/ub/ujur/oversatte-lover/data/lov-20050610-051-eng.pdf

But how on earth do I contact the king in council?

Norway is a small country by population, so it shouldn't really be difficult for me to contact important government officials. And also it is an egalitarian society, so they would take me seriously. I hope.

Could I start a company in Australia, and that way they can't take away my Australian citizenship??

I have 4 years to fix this. I am just hoping someone will guide me on what to do!

About me: (you can ignore this if you wish)
I have extremely strong cultural connections to both countries. I was born in Norway and received my Australian citizenship by descent when my mum applied for it, when we moved here. (I was a baby). I have moved to Australia 6 times in my life so far, and I am only 18. I have friends and family in both countries. I am half Norwegian and half Australian. When I am forced to lose one of my citizenships, it would have to be my Norwegian. Although I will probably end up working in Norway for most of my life. I love Australia.

I feel like I am completely Norwegian and completely Australian. I don't believe much in nationalism, I feel international in some ways. I am just  part of the world, wishing to live where I feel that I belong.

Td;Lr I need to influence the government some how. I have 4 years to figure something out.

Answer: Take your $13,000 and start a company. Become wildly successful. Take your newfound billions and buy all the politicians in Norway.


Title: Dog Mauling & Law Suit

Question: A very close relative was recently the victim of a dog attack. While she was walking her poodle, which was on a leash, on the town sidewalk, another dog dashed off a porch and mauled her poodle, unfortunately killing it.  She was also bit on the finger although not seriously.  Police were called, report filed, etc.  The vet bills total about $5,000.  My relative is completely traumatized over this obviously.  Anyone have any experience with lawsuits in this area? We spoke with the dog's owner and she basically said she isn't paying for anything so we will now be going through the courts.  This occurred in NJ.

Answer:
 > Anyone have any experience with lawsuits in this area?

Yeah.

Did you have a question? Just asking what you chances are? They're pretty damn high. This isn't that complex of a case.


Title: [CA] Labor law. Part time employee now expected to be on call anytime on scheduled days off.

Question:
My fiance is currently employed at a Dental office in California.  She is a part time employee that works 2-3 days per week.  On 04-16-2018 another employee had a minor car accident and was sent home by the office.  The office manager calls my fiance at 8:57 AM to and asks if she can come in and be at the office by 10:00 AM.  My fiance asks if she can come in by 10:30 AM so she can shower, get dressed, and  eat, which angers the office manager.  My Fiance says she will try her best and the conversation ends.  We do not live far from the office, maybe only 10-15 minutes away.

A few minutes later she remembers we have Two UPS shipments arriving sometime today up to 8:00 PM.  The packages are a Crib and mattress as my fiance has just entered her 2nd trimester.  We live in a bad neighborhood and can't leave these packages outside. At this point she calls the office back to inform them she cannot make it due to the packages.  The manager asks what time, if the delivery can be delivered to the office, or if I can leave work and go home for them.  My fiance replies she doesn't know and will have to call her back and the office manager proceeds to hang up on her.  Next my fiance calls me at my office for help.  I tell her to try calling UPS and see if they can either change the destination or deliver the next day.  I also mention she may be able to ask the next door neighbor if the package can be delivered to his house until we get home.  After this call she sends a text message to the office manager at 9:24 AM informing her that she is trying to contact UPS for a solution.  Next she calls the office manager because she may not see the text.  At this point the office manager tells her the Dr. (Owner) says to just stay home for the shipment.  Fiance asks, are you sure?  Office manager says Yes, we'll talk about it Wednesday 04-18-2018.  The owners are very generous and nice people who don't like drama so they let the office manager handle the employees herself.

On Wednesday my fiance arrives at work and then the office manager tells her she needs to decide if she wants to stay or find another job because she is part time and "on call".  The term "on call" hasn't been said until now.  The office manager then informs her that she is not reliable despite coming in to help cover for other employees every other time they have asked.  The office manager also says that you need to be up and ready on your days off at 9:00 AM in case we may need you.  This then changed to you need to be ready anytime we may call you.  This whole conversation was one sided as the office manager would raise her voice any time my fiance tried to defend her position.  At the end of the conversation my fiance tells the office manager she needs to think about it and then proceeds on with the day as normal.

At the end of the day my fiance goes to the office manager and asks for a copy of the employee handbook.  The office manager proceeds to ask why, because your "on call"?  My fiances repsonse is "no, because I am part time and want to know what the office policy is."  The office manager states that she does not have a copy and tells her to ask the Dr. (owner )for it, which she does.  The Owner asks if she can email it to her to which my fiance accepts.
At this point my fiance is feeling bullied by the office manager and being forced into a decision hastily.  After hearing about this all I have begun looking into California labor law and see if anything applies.

Side notes:

Fiance has anxiety and depression which was discussed upon being hired.  This is the reason she is part time instead of full time to begin with.   There have been no issues in relating to anxiety or depression since her time of hire.  She just want to inform them prior to being hired so they were aware.
Fiance is now 13 weeks pregnant.

I apologize if what I have typed is hard to read, long winded, or contains spelling and grammar errors. Any advice on the situation is appreciated and I will respond to any questions.

Answer:
 >  The office manager also says that you need to be up and ready on your days off at 9:00 AM in case we may need you. This then changed to you need to be ready anytime we may call you.

If they stick to this particular gun, your fiance needs to be paid for all business hours that the business operates. Since they said "be up and ready" they're saying that your fiance is not allowed to sleep during this time. This means that the employee is not allowed to use their time freely, thus they are "engaged to wait" and need to be paid at least minimum wage for all hours that she is on call.

Answer #2: Other than the hand book I would also ask for clarification in writing not just from the office manager but the owner as well.
This may be something that the office manager just decided on and is not the actual policy.
I would have your fiancé ask via text or email for what was stated in the office for being on call so if there is an issue with payment for her time waiting or them dismissing her due to not being able to come in then you have a paper trail.


Title: [US] I received a payment for two iPhones through Venmo and they refunded it back to the guy. Please help me!

Question:
I met the guy through craigslist and sold him two iPhones through Venmo. I used Venmo because they claimed that "Venmo payments are completed instantly and cannot be cancelled." 3 days later the money that was once in my account disappeared and it wasn't until the day after that the transaction history showed that it had been refunded back to the sender. Venmo replied 3 days later saying "It looks like you were using your Venmo account for business transactions. We don’t currently allow business payments on Venmo – this is why your account was frozen. We don’t offer any buyer/seller protections or merchant dispute resolution services at this point, though we’re hoping to provide these in the near future. This is why we were not able to process your payments." The transaction was a personal transaction and the payment settled but they were the ones that returned the money 3 days after.

In their user agreement (https://venmo.com/w/legal/us-user-agreement/) it says, "Payment investigation is a process by which Company reviews certain potentially high-risk transactions. If a payment is subject to payment investigation, Company will place a hold on the payment and may provide notice to the recipient. Company will conduct a review and either clear or cancel the payment. If the payment is cleared, Company will provide notice to the recipient. Otherwise, Company will cancel the payment and the funds will be returned. Company will provide notice to you by email and/or in the account history tab of your Venmo App account if the payment is canceled."
They didn't provide me any notice at all before or after my money was sent back.

I then contacted the buyer that the money had been sent back to him and that if he could resend it. He said that he would once he got home and I guess that would be when he found out that he had both the phones and the money and stopped responding at all.

Please help me legal advice! Venmo doesn't have a number I can call and it takes three days for them to even respond to my emails. I need this money to pay for my housing and it's been affecting my sleeping and eating habits. Thank you for taking the time to read this big block of text.

Answer:
 You can sue the buyer in small claims court to get your money back. This is exactly why craigslist recommends buyers and sellers deal in person.Answer #2: >I need this money to pay for my housing

Look for alternative sources of money now. The legal process will take a long time (weeks or months) for you to get your money back and thats assuming everything works perfectly.


Title: Asperger Syndrome and Manipulation

Question:
I would greatly appreciate some advice and clarity regarding a relationship between my brother-in-law and his now ex-girlfriend.

Brother has aspergers and ADHD, 26 years old. Girlfriend is 27-28. They've been together for around four years, have two kids together with the addition of her other two kids from a previous relationship. He was just kicked out of the place they are living by her. The reason hasn't been disclosed, but this type of behavior isn't new.

Here comes all the history that makes me think there is a case here.

They first met after he was honorably discharged from the military. He disclosed to her his mental health issues along with admitting he was suicidal during his service. They dated for six months while he lived at his Aunt's place. He then moved in with her, the two children mentioned before, her mother and her brother. They were there until she finally received section 8 housing. Brother, GF and two kids moved into the new place.

After living there for 3 months, they found out she was pregnant. Brother proposed, she said no because it would change her financial situation. He went along with it, staying 'engaged', but not officially. She also asked him not to change his address to their new house and he complied. She also had him set up a bank account that she could put her money into for savings and it not be associated with her. She immediately took control of all the money that they would make over the next three and a half years.

Fast forward to their first child together being born. Then fast forward to their second being born. Neither of his children have his last name. She told him that if the state knew she had a second income (him), that they would reduce all the aid she has been receiving. He went along with it, trusting every decision she made.
Anytime he wanted to spend his own money, she would guilt trip him and tell him anything he wanted to buy for himself couldn't be justified. At the same time, she would spend outside of their fake budget and lavish gifts and parties on the kids (not such a bad thing), but on herself at the same time.

I sold him my old car for $1. She convinced him to trade it in and get a single vehicle for the family, but only in her name. This happened again and then once more for their current...errr...her current vehicle. She refused to ever have his name on any of the vehicles, her excuse being that his credit was too bad to include him as a co-signer. That doesn't make sense to me at all.

They moved back in with her mom at the end of December 2016, after being denied living arrangements at my wife's parents house. The reason? The county told her that there were too many people living in their house (not knowing of my BiL living there) and offered her a new place, which she refused because it was too much money. She didn't want to afford it, even though she would more than be able to.  Through her manipulation of welfare systems and my brother-in-law, she built up roughly $40,000 in savings.

Two weeks ago she told everyone in the family that he was abusing their children physically, had him close his  account and hand all the money over to her. He did it. We also saw all the children soon after. Nothing indicated that there was any abuse, from behavioral changes or outward appearances. From everything I've seen over the years, these claims absolutely do not match up with his behavior. She let him move back in as well. Now, today, he was kicked out for what seems to be the final time after being handed $50 from her. I have yet to receive any reason as to why, but I want to be proactive and see what can be done, or what should be done.

Thank you for taking the time to read this.

Answer: What is your question specifically?


Title: Can I destroy my own car?

Question: My car was towed and I probably won't be able to get it back. Can I go to the lot and assuming they let me "get something out of my car" can I basically destroy the car? I'm thinking cut the leather seats, break the glass, etc... but no fire. Is this legal?

Answer:
 So, while it is there, you are accumulating storage fees, which, I suspect you do not plan to pay.

They will eventually sell it.  The proceeds will go to offset what you owe.

They will bill you for the difference:  Storage fees - what the car sold for = Bill you get.

Are you sure you want to do this?  I mean... why not just donate your money to charity or something if you want to throw it away?


Title: Filing a legal complaint against HOA

Question:
This is a edited version of a summarized story that was deleted by thepatman[M] for being too long. What remains is all important and pertinent information needed for anyone who cares to give accurate response.

We are young first time homeowners and we moved into a upper middle class neighborhood with an HOA. When we met our real estate agent she assured us this HOA was basically inactive and only existed to do lawn maintenance and landscaping in the commonspace. We ended up buying the house, closed the deal in July of '16 not 2 weeks after we closed we noticed the "lawn care" leaves a lot to be desired, the yard is .25 acres and they mow about .5 acres of one patch of sod. No weeding or edging at all. We also noticed that they spray pesticides are herbicides, we put up a sign requesting they not spray. These were ignored. We made requests in writing and email to the HOA saying only a portion of the yard was being done and our requests for no spraying is ignored. That letter was ignored, so i withheld HOA fees since that is their only job. I then started getting harassing letters from the HOA about our fees and the backyard fence being not in compliance with some arbitrary rule they apparently made up (nothing in CCR'S regarding fences that applied to mine) and I own the land they wanted to claim for the neighborhood. I called the city and asked them if my fence was in violation they said that had no complaints on file and that the fence was fine. So we ignored it. This house had been here for 3 years with the same fence before we moved in and was never taken care of before, due to the fact the HOA at the time was owned by the people who built the house. After this incident seemed settled and done with they changed owners of the HOA to a new company (1 star rated on google and yelp)

The new company has not brought up the fence and has instead started harassing us immediately about my vehicle in the front of my house on the street (street parking is allowed and everyone does it) which i use to tow my ATV into the OHV riding areas ( I keep the ATV parked in my garage) Its a jeep wrangler, with a cargo bed nothing commercial just a average jeep that tows a single quad. There are several other jeeps and even much larger trucks in the neighborhood and they are no different. They have sent me tons of harassing letters sometimes fining me more than once a month claiming im in violation of a rule "No storage or parking of trailers, rv, boats or any vehicles larger than a non commercial truck." There are several glaring problems and hypocrisies in this claim. First of all, this is not a gated community, they do not own the infrastructure, this is a city street. Also, this was never an issue and has been there since I moved in until the new HOA that was elected without my permission or ability to vote on. I've noticed no one else is getting fines or letters, some people even park their jeeps in their front yard. We tried telling the HOA by Email, letter, and phone that this is not a violation and that almost everyone else in the neighborhood does the same thing, im blatantly ignored and followed up by more fines and harassing letters.

I've taken pictures of commercial vehicles towing trailers parked in the neighborhood as well as commercial sized pickup trucks as evidence (my neighbors RAM dually, etc) Other rules are not enforced either to other members of HOA, there's a rule about no satellite dishes and lots of people have them, there's a rule about no basketball goals and a couple of people have those too. There's a rule about no commercial signs or business but there's a lady who runs a nail salon out of her house at the front of the neighborhood and has for months with no intervention by the HOA. People keep their trash cans out in front of their garages even though that's not allowed, yet I'm the only one who is harassed about these rules. My neighbors across the street have more animals than allowed due to CCRs and they are not fined. In fact they are breeding dogs and selling them. They are also a nuisance, they bark every time they come outside and then I have to listen to the owners scream at the dogs to shut up.

The only difference between us and the rest of the people in the neighborhood is we are the youngest couple in the neighborhood (by far) we are late 20s and have no kids most people in this neighborhood are empty nester retired or have teenage kids, they are mostly 50-60+. My guess is they are don't like us and are probably guilty of some sort of targeted age discrimination.

There are other problems as well:

-We are NEVER invited to HOA meetings

-None of the common area landscaping is irrigated, looks like crap

-3 Trees they planted in my yard right before we moved in died (only house no trees in my yard)

-They will not allow us to join the HOA Facebook group -Irrigation in my front yard not serviced by hoa the sprayer heads out of alignment and it sprays our cars in the driveway not our grass leaving dead spots, this is their responsibility according to CCRs

-Retaining wall on the north side of my property in dangerous disrepair and they refuse to address it (major safety issue)

Then we got a new letter today in the mail saying they had another meeting we were not invited to where my neighbor 2 houses down (member of a board i've never been invited to speak on) decided along with some other old jackasses that they made a new rule if people don't pay the HOA dues and fines then they can garnish wages, take your house etc. Somehow I didn't get to vote in this matter either. According to the new "resolution" and "certificate of adoption" they mailed me. I've sent letters requesting repairs and maintenance to be done, only to be ignored, they only mow 1/3rd of my front yard ( a small sod patch) now they are threatening to garnish my wages or take my house. I've had enough. I want to sue them. I have the names and addresses of everyone involved that I want to take to court. I went to the courthouse they told me I have to fill out a legal form using specific legal approved language and request a monetary amount for damages to proceed.

I really just want to be dissolved from the HOA .We will sue for non-punitive damages and legal fees, but need to figure out what is a reasonable/standard amount.

I am looking for a previous case record of anyone who has sued their HOA because I need the legal verbiage and jargon to use as a format for filling my case so I don't need to hire an attorney. I would hire an attorney but at this time the cost is prohibitive, unless one could be hired pro-bono, as we only make moderate incomes and our cost of living is very high. I thank everyone in advance for responses, please reply soon I would like to file this as soon as possible before they spring some sort of action on me.

Answer:
 I have read through a lot of this.  You need an attorney.  The first thing you need an attorney to do is to determine, based on your HOA bylaws, if you are right.

Right off the bat (if I am reading this right), you started withholding your HOA fees because you did not like the way they were doing lawn care.

The attorney may say "Yea... you have a case"... OR the attorney may say:  "WTF are you doing?  You are about 1 more step away from getting a lien placed on your house, and you don't have a leg to stand on".

HOA's are notoriously draconian.  And, they most usually operate on firm legal grounds.

Even if you can find someone to write your lawsuit for you for free... I would say that you stand at least a better than average chance that that lawsuit would just be you pissing in the wind.Answer #2: What you're asking for is to have an attorney write your complaint for you.  You need to hire someone for that.  There's no standardized complaint for suing an HOA where you can just plug names & dates into a template.  It hinges on the specific facts of your case, your allegations, and the relevant HOA bylaws & deed restrictions.


Title: I just assaulted a man (he was in the wrong)for saying rude things to my girlfriend. I live in Texas. Short story inside. Help

Question:
I posted this over in askreddit and didnt recieve much help so let me preface two things

1. To start off there is no way I can convince you that I am not some thug that goes out and looks for altercations, but I hope by explaining in the most non biased way that you will see the situation for what it is.

2. I know I boned myself on this and I wont reject any negative criticism you have to say, but Im looking for help of my current situation

I was at a bar with my girlfriend that we frequent often. Towards closing time a obvious drunk man began rudely and obviously ( was facing her a few feet away and speaking in her direction) verbally harassing my girlfriend. I was trying to close out my tab at this moment. He was attempting to hit on her ( "hey baby bring that ass over here" etc..) I told him to leave. He said or what. So I hit him ONCE he went down and got up and the bouncers intervened.
We were escorted out, but later a bouncer I knew had told me that he was 90% sure the man was filing a police report.
Please reddit what can I do? My girlfriend is in tears and I am on the verge of a panic attack

I can provide specifics if asked

Answer:
 > I told him to leave.

You don't get to command people to do things in spaces you don't own or control when they aren't threatening your safety.

>So I hit him ONCE he went down and got up and the bouncers intervened.

You don't get to hit people when there is no reasonable fear for your safety.

> Please reddit what can I do?

Pray for deferred adjudication or probation, if it gets that far?

> I hope by explaining in the most non biased way that you will see the situation for what it is.

I'm interested in the biased version, 'cuz by the non-biased version, you're quite plainly guilty.


Title: Does a dog that eats part of a dead human body without killing it legally have to be put down?

Question: In the show Shameless, a dog is stuck in an apartment for several days with its owner who had died. It ate part of the body since it had no other food. When they are discovered, someone mentions that dogs that have consumed human flesh are legally required to be put down. Would a dog really have to be put down in that situation?

Answer: That's just one of the billion of completely made-up things in that showAnswer #2: No, that’s not a thingAnswer #3: Not on its own. But if the dog had gotten some disease or injury from eating this corpse, or developed a taste for human flesh the owner (or owner’s estate) might elect to euthanize it though.


Title: [Rhode Island] Neighbors in Apartment Complex continuously using objects to prop fire doors open

Question:
I live in an apartment complex in Rhode Island, on the third floor. The third floor has 4 units in a hallway with two fire doors, one leading to the front of the building and one leading the the back of the building.

They are large heavy non-latch doors designed to always swing closed unless something is obstructing them. This is in case a fire breaks out in one of the apartments, making the fire have a harder time spreading and collecting oxygen.

Recently, the neighbors across the hall from us have been using rocks or other objects to jam the doors open, believing it is "too hot" in their apartment. My girlfriend and I continuously remove the objects to allow the doors to swing shut.

There was a confrontation in the parking lot where one of the neighbors (a man) was standing by his car after my girlfriend had closed the doors for the third time that day. He postured, called her a "stupid bitch", and then his wife came down and tried to calm him down. They drove off, and after calling the office they directed us to call the police, who were unhelpful without someone having witnessed the event (I was not home at the time).

We issued a complaint to the main office multiple times about the doors and about the neighbor, but were told without eye witness accounts nothing could be done, though the did sympathize and "believe" it was him.

The main office did issue a letter stating that doors must remain closed at all times, yet the neighbors have not complied. I am told that without proof, or another eye witness to back up that it was them, that the office can't do much more than issue letters.

My next step:

1.) Record the neighbor through the eye hole in our apartment door placing a rock in the doorway (they are directly across from use so I do not need to leave my apartment to record). Will this serve as legal proof?

2.) Call the fire marshal the next time the door is ajar to have the apartment complex fined, perhaps prompting them to more rigorously pursue whoever the culprit is.

Are there any other solutions? Has anyone had similar experience? Any advice is greatly appreciated. Thanks!
Topic:
Landlord Tenant Housing

Answer: Fire Marshalls. They will make apartment owner care. Which will lead to a fix. Idiots blocking fire doors is why people die.


Title: GA/Hypothetical: Could Ken Bone sue companies using his image and name for shirts?

Question: I saw that he has started selling his own shirts, but also that other companies started selling shirts focusing on his name like "Bone Zone", "We Ken Bone" And using his image. Would he have a legitimate claim to sue them for using his name and image without consent or royalties?

Answer: Anybody making a buck off of someone else's likeness opens up the opportunity to be sued by that person. The risk will be there.


Title: My friend had his USAA bank account compromised and two loans taken out in his name. Now the bank wants him to pay.

Question:
From Denver:

 Putting this up for my friend who is not at all internet savvy. If I get any good advice I'll show it to him and let him/or maybe let him take over this throwaway account for answering questions directly.

This situation has been going on for some time, but he banks with USAA. About a month ago he discovered two hidden accounts(!), which turned out to be loans taken out in his name.
He called USAA as soon as he found out, and they started their fraud investigation, freezing his accounts.

A few days later they said that as a result of their investigation his accounts would be closed (checking, savings, and car insurance), he would be held liable for the two loans ($2500 and $5000) and that his checking and savings accounts would be put towards that balance.

So, he:

* called Experian and put a freeze on his credit
*     called the police
* called a lawyer
* changed **all** his passwords

The detectives tell him that USAA doesn't even believe that *he* took out the loans, but that he must have had an accomplice. (The funds were transferred to another bank out of state)

Apparently he called multiple lawyers, but hasn't found one interested in taking on USAA.

He has opened a new bank account so he can at least have access to new money coming in.

________________________________________________

So, what now? Is he boned? Can he find remediation in small claims court? I believe the sum of his accounts is around $3000.

Separately, is there something concerning the protection of his identity we've missed?

Answer:
 >So, he:

    called Experian and put a freeze on his credit
    called the police
    called a lawyer
    changed all his passwords

He did all the right things. Now it's a matter of "hurry up and wait".

>So, what now? Is he boned? Can he find remediation in small claims court? I believe the sum of his accounts is around $3000.

If USAA refuses to dismiss those loans, small claims court is his only option, and he will have to prove he did not authorize those loans.

However, there is an odd part of this story. You said the following:
>Putting this up for my friend who is **not at all internet savvy**.

USAA's banking is done all online. Sure, you can do some things over the phone, but with either medium there are multiple levels of user verification which are hard to crack. Plus, accounts don't simply stay hidden from the account holder. Either your friend's story is true and his account was hacked (possibly by someone who knows him closely), or he isn't telling the truth.Answer #2: This is nearly identical to a thread a few months ago that topped r/personalfinance. The consensus was that OP was either a troll or OP's girlfriend ("Stella") was involved in something shady and didn't want to admit it.

https://np.reddit.com/r/personalfinance/comments/3db0qo/usaa_bank_refuses_to_do_business_with_us/

EDIT: OP, not saying this is the case with your friend, but you'll probably find good advice in the 1200+ comments in that thread.

EDIT2: [Link to a mirror of the original, deleted, post.](https://np.reddit.com/r/bestof/comments/3ddmix/usaa_bank_refuses_to_do_business_with_user_top/ct4jm1r)Answer #3: USAA has some of the best customer service out there.  He should absolutely try to call back.  They've worked with me any time I've had issues, including fraudulent charges.


Title: (California) In retail, and was hired as a floor worker but am being forced to do janitorial work as well.

Question:
I work in a thrift store, and for a long period of time was not told to do janitorial work after the store closed. For the past 5 months we have been told we have to do janitorial duties included with our regular duties on a change to the employee handbook stating that "From time to time there will be special projects asked to be done, if an employee says no to do a project it will be considered insubordination and subject to termination."
The clause says from time to time, yet this has seemed to become a permanent change at this point and is done everyday. We still have a janitor so it's not like if we don't do it, it won't be done. We are also never told formally when our job descriptions are updated and have attempted to get a formal copy to which I am told I am not allowed to have a copy.
Honestly the employee handbook statement already had seemed to scream illegal, but wasn't able to find any sort of material which really went against it. If you can help reference me material as to whether it's legal/illegal for knowledge it would be much appreciated.
Thanks for the help.

Answer:
 Keeping a store clean is usually an essential duty for a retail employee. Unless they are asking you to deal with hazardous materials or body fluids without protection (or another unsafe practice) I would consider it perfectly reasonable.

There is absolutely no way that it is illegal to ask employees to take on extra duties. It may violate a union agreement, but that's the only possible excuse.

You may be young, so let me just warn you that this is something that you will be dealing with at every job you ever have. Answer #2: As long as the employer isn't asking you to do something illegal (or unsafe because of OSHA or any other workplace regs), there's no issue. Do what they ask or suffer the consequences.


Title: Is it legal for my apartment office to accept packages even though they will just return to sender? Oklahoma.

Question: Hi, my apartment complex just sent out an alert about how I have to sign up for this thing called parcelpending and give that external system my credit card number in order for the apartment to put my package in a locker for me to pick up 24/7. The only issue is this system charges $3 a day after a certain window and if I don't signup for it my complex will accept my package from USPS and return to sender. Is that legal for them to do? Shouldn't they just say they don't accept packages if they're going to force their tenants into a system that wasn't part of their original lease agreement? I may have signed something that allows them to accept packages for me, but I'm wondering how far that goes in a case like this. It's almost smarter for them to give us bigger mail boxes. At my other apartment they didn't accept packages and then I had to pick them up at the post office. Which is fine with me but if it's returned to sender how is the mail carrier going to know it's just my apartment being a jerk? I don't want to upload my whole lease because of privacy concerns. I'll probably end up signing up for the "service" just to bypass it all. But I can't help but feel like this is violating my rights.

Answer:
 You can ask the postal service directly if this is illegal for them to do. 1-800-ASK-USPS

If it's illegal, then they'll be the best resource for finding out how to remedy the situation.

Whether it's legal or not, it seems like your apartment is owned by people that have zero respect for their tenants. I would begin looking at other places that are not owned by the same people to see if there's any better choices available when your lease ends.Answer #2: I had parcelpending at my old apartment.  They incorrectly charged me a monthly fee (but sorted it out after contacting support).  Watch your credit card statement after signup just in case.

I'd recommend taking a screenshot after you've selected your apartment - it should show the pricing information, and if it doesn't show monthly fee, you could use this to dispute the charge with your CC if support doesn't work out. Answer #3: Can you refuse and get all parcels carded for pickup at the post office so they don't get delivered? I can do that for free in Canada (at least for stuff that I order). It might be an option for you. Even if I had to pay, I'd rather pay the post office in this situation.

This also seems like abuse of the postal system to me. They are accepting and then returning to sender which is making more work for the postal service. Return to sender parcels are usually refused at the point of delivery, not after. Call the post office and ask them about this.


Title: [NSW, Australia] A caseworker took our personal information, then quit and there is no record of us

Question:
Hi all, I'd like to see if there is anything I can do to protect myself against identity theft, or see if it's likely to happen at all.

My partner and I applied to be foster carers last year, submitted 100 points of ID and filled in paperwork for a police check indluding all our previous addresses, family information etc. The caseworker assured us this would be filed. We didn't here much after this other than "yes it's been filed, just waiting" and eventually just kind of forgot about it.

Last month we decided to continue the process, with a new caseworker who chased up the paperwork. Shortly after trying to track down our file, the original caseworker quit and our file is nowhere to be seen. Today we learnt that our police checks weren't filed either. Should we be concerned about our personal information and its location, and is there anything we can do/should do?

Answer: You could keep an eye on your credit, but frankly this kind of loosy-goosy behavior is totally normal for foster agencies.  If you want to continue with the process, get used to retaining copies of everything so you can refile them, and hounding workers to do the next step.  Sorry, but this is the way it goes.Answer #2: I work in foster care. It sounds like you had a shit caseworker who didn't want to do any work. The worker probably already knew they were planning on quitting and did a half ass attempt at going through the motions of licensing you and then never actually did any of the work. Monitor your credit just in case but I'm willing to bet the worker was just lazy and not trying to steal your personal information.