Title: My Dad Has Committed Tax Fraud In My Name

Question:
Summary:

Georgia, USA

I'm 18.

I will be attending college out of state starting in September 2018.

My dad (business owner, <10 legit employees) has been "paying" me on his payroll for multiple(unknown number of years, but after 2012) years, about $6000/y in "wages" on w2 while I was a minor. I did not do actual work for him to legitimize these wages nor have I been payed this money. I had the w2 at one time because I needed it for FAFSA but I have lost it.

I suspect he has been doing this to avoid taxes. He has said, since it is under a limit, I do not have to file a return, and I have not filed a tax return yet. I will file in April 2019? because I have a job now and they do tax withholding that I expect to get back.

I just recently(july 2018) discovered that there is a "custodial account" opened in 2012(just after divorce) with about 18k in it. I was not able to obtain statements.

I need to know my liability in this situation. And what I should do.

Long version:

My dad owns a small business(<10 employees, profitable dental practice, needs a "200k cashflow account" - my dad likes to brag but also act poor and give me little money for college because he believes his sons to be entitled, he has given no money to my brother, who attends college out of state).

When I was applying for college(early 2018), I needed to do my FAFSA. I knew I was on my Dad's payroll so I requested my W2 from him because I was required to report my own "income." I knew he was doing this for a couple years but never knew the implications because I was young. I did not do any work to legitimize these wages. I have done about $1500 of legitimate work for him that I was payed for(bank transfers).

When I confronted him during the FAFSA discussion, which was very heated as he was not going to give me any money for college, he said "you're not going to get any of that money", and "what, are you going to report me to the IRS". I talked him down by saying I was concerned for him or some shit and I didn't want the IRS coming after him. He came back two hours later and said "you know what, that money was for your truck." The truck is valued at 12k based upon online searches. Historically, the truck has been refereed to in gift terms, but my name is not on the title.  My dad also likes to change the past and say some money was for this and some money was for that.

My W2 reported about $6000 in wages in 2017. I don't remember if my SS tax or Medicare tax was paid(I'm leaning towards no). I have since lost the W2. I have tried to obtain my records from the IRS website but I don't have a credit card or loan yet and I have not filed a tax return so it won't let me confirm my identity to "view account" in the IRS website.

I recently had a debacle where my dad claimed to be able to deposit checks in my name. He always brags about how the bank loves him because he does all his business through them. This concerned me so I went to the bank. This also spawned this text:

"tthrowaway256. It’s most unfortunate that u think I have been deceptive or not forthcoming somehow about giving u money for your college grades and u actually  cite this as an example.  That is hurtful to me.  Truly.

You should ultimately maturely realize that u are actually not entitled to any further financial support from me and what I give u...and when I give it to u....and when I actually “inform you” of what I am going to give u...is entirely up to me and you should receive it with gratitude, not thinking that there is some type of deception behind any significant “gift” your father plans for you.

Sometimes I give gifts as a surprise...otherwise sometimes there becomes an environment of entitlement which I do not want to teach my sons about. Entitlement leads to selfishness and resentment which I don’t want to teach u. Again, u should realize that all those decisions are up to the giver of the gift and on the giver terms for the gift.

I have not been deceptive to u, but rather very gracious bc I actually love u and try to balance my relationship with you as yur father.

I hope this makes sense to u from a loving father’s perspective"

I have asked him how much he is "willing to contribute" before because I have to make educated financial decisions on where I can afford to go to college and he keeps these "surprises"($1200 for good grades) from me because he thinks "they shouldn't affect my decisions." I do not believe I am "entitled" to money from him. But he just whines and whines about money while my mother bends over backwards to pay for my up-coming tuition. Sorry about this tangent but I think my dads personality can provide insight into whatever is happening here and I'm pissed so I'm venting.

The bank told me my checking account was a joint account. And that I have a custodial savings account with 18k opened in 2012. I knew of a "savings account" but was never told the details, and it was mostly used for my dad to withhold my legitimate wages from me in the name of "saving for college", and I had to repeatedly ask for my legitimate wages. The first branch told me I could withdraw from it etc but the second branch(when I tried to obtain statements) told me I couldn't obtain statements and I can't make withdrawals. They also told me my dad is the one who would pay interest tax. The first branch also told me there where "many small transactions" in the savings account.

The joint-ness of the checking account doesn't concern me, I have separate accounts with a separate bank for all my money and storing all the monetary contributions for my college from my mother and father. I have kept the joint account because my father has agreed to pay me $10,000 total at $500/month for "the value of the truck" as I told him I wanted to sell it. He pays me the 500 through scheduled bank transfers which I learned at the bank was from the custodial account. As of right now he has payed me $2000, I transfer the money to my private bank accounts every time. I worry that closing the joint account may trigger him to not pay me for the value of the truck, so I have kept it. He likes to hold onto these methods of having control over me.

I know he was trying to avoid paying taxes on the W2 money. I don't think it affected my FAFSA that much because my expected student contribution was like $30. I don't know if I have Social Security or Medicare back taxes.

My brother lives in CA and tried to call the bank to find out if he has an account. He was told it is "confidential." Confidential accounts cannot have any info given over the phone. So my brother likely has a similar custodial account but he can't walk into this south east bank right now because he lives far away. He is the only other person I have consulted on this. I suspect the 18k account is just a portion of his 200k cash flow account and he is trying to cover his ass after I confronted him on the W2 during the FAFSA. The interest tax part was relevant because we theorized we could estimate the value of his theoretical confidential account using the interest reported by the bank, but it is likely only on my dads taxes.

I have a 529-like college savings(I forget what its called but it doesn't have restriction on what you can use the money for) that was funded before the divorce and has grown through mutual funds but withdrawals required both signatures from the parents when I was a minor. I am in the process of contacting the representative so I can take sole control of the account.

What is my liability? How do I resolve this? What could go wrong for me? What should I know? etc.

Thank you very much for your help.

Answer:
 On the tax stuff:

You know your father used you for tax fraud. You could turn him in for that.

You didn't file a tax return and sign it, so that reduces your liability. I don't see that you have committed fraud, you just know about him committed it.

He paid you just under the amount where income tax kicks in. He just paid the fica taxes, and no income tax on that money. This saves him around 30% on that money (depending on his tax bracket).


Title: [IN] Warrant for my arrest, first offense.

Question: Got busted smoking weed in my car with a friend at a park after curfew. Friend got arrested, the cop let me call for a ride and go home. Two weeks goes by and I find out I'm being charged with "visiting a common nuisance", a class b misdemeanor. I haven't gotten anything in the mail about this except from lawyers about representing me. Today, I checked my records online and saw that a warrant was requested for my arrest with a $400 bond. I've never been in this situation so I don't really know what to do.

Answer: If there is a warrant, you have two options: turn yourself in or wait for the police to pick you up.  You'll be formally charged and allowed to make bail. If you are indigent, you'll get a court appointed lawyer.  From there you can discuss your case and options with a lawyer.


Title: Apartment is fining me $100 for having items on my porch, do I have to pay?

Question:
I live in Atlanta, GA

Here is the relevant section of the lease.

(g) Balcony or Patio shall be neat and clean at all times. No rugs, towels, laundry, clothing, appliances, or other items shall be stored, hung or draped on railings or other portions of balcony or patio.

The fine seems excessive, and the lease does not mention fines or amounts of fines.  I would have gladly moved the items if they would have warned me. How are these things handled? Can they determine whatever fine they want and am I obligated to pay it?

Answer: Then tell them there is nothing about a fine in your lease and you won't pay. Also be sure you mention you won't break that rule again. If they take it from your security deposit someday when you move out you will have to sue them.


Title: Can you get arrested for talking to a cam girl/ online chat girl?

Question:
In Texas, can you be arrested for talking to cam girls, talking to those online chat girls, exchanging nudes with them or anything like that? Like lets say you are talking to one and exchange nudes and such, and when you decide to cut it off she threatens to go to the cops. Will they do anything?
Topic:
Other Civil Matters

Answer:
 You're being scammed.

Block and ignore. Don't send anyone any money.


Title: [MI and federal] Can my husband get in trouble if I smoke recreational marijuana in a state where it’s legal?

Question: My husband has a conditional job offer from a federal agency, contingent on him qualifying for Top Secret security clearance. I don’t really do drugs, but we will be in Michigan for Christmas and I thought it might be fun to try legal pot. I know he can’t smoke any, but if I tried it, could he get in trouble/lose his CJO? He’s already submitted his forms but hasn’t taken a polygraph yet, if that matters. TIA

Answer:
 If it's this questionable then I'd consider not doing it. Is it worth it to potentially jeopardize your husband's job offer? I think you'd probably be fine but if you're having to go to these lengths then I wouldn't do it.

The security clearance adjudication process is not to punish you for bad things you've done in the past but to determine if you are 1) trustworthy and 2) have anything that can be used for blackmail.

You can admit to doing (some) drugs in the past but what's disqualifiing is to not tell if you have done it because now if a foreign power finds out that the US gov't doesn't know they can threaten to expose you and make you lose your clearance. However if the US gov't already knows you can tell them to get bent.

All in all if you have to go through great lengths to justify it I wouldn't do it because I don't want to risk anything for my spouse. That's just my personal opinion. Like I said I think you'd be okay but why risk it? Just wait till after he gets adjudicated then try it.


Title: Taking FMLA California

Question: Gave 5 months notice that im taking Family leave for my new born son. Today one of the owners told me that my job is not guaranteed when I come back. We are union and in California. From what I've read it should be but would like some advice from someone who knows more than I do about this. Thank you.

Answer:
 You should speak with your union rep

As long as you (and your employer) meet the requirements for FMLA in terms of time worked, number of hours, etc, this is a protected reason. You would be entitled to the same position or an equivalent when you return


Title: Brother will not share loan information

Question: My mother passed away a year ago. Prior to her passing, we took out a line of credit on her house to pay for her stay at an assisted living facility. The house is valued at $550K and the line of credit was for $150K. The money should have lasted 6-7 years if only used for my mother's care but it was totally depleted in 18 months. My brother was her POA and handled her finances. He will not give us access to the account so we can see where the money went. He is under court order now, but still refuses to give us access and says that we are not entitled to it. We are all equal owners of the house and all of us signed the loan, so all owners of the debt as well. The banlk will not give us any details unless he gives them the ok.

Answer:
 Have you tried presenting the court order to the loan department?Answer #2: Have your lawyer tell the judge to make him comply.Answer #3: Banker here! Don’t hate me...
So you say that you all signed on the loan, that’s not very specific, but if you signed as a Grantor of collateral for the house itself, the bank can not show you the transactions. However, if you also signed the promissory note as a Borrower, then all you have to do is go the the bank and ask them to look up the loan transactions. I just got done with a similar case, but I will fully admit my speciality is Ag and land, not residential real estate, and depending on your location, the laws may be different.


Title: Indiana landlord hasn't removed a wild animal after over 3 months. Where can I learn more about my options and rights?

Question: I'm 5 months into a 14 month lease. While I haven't seen the animal in person, I can hear it scratching and sniffing and it's nocturnal. I suspect it's either a raccoon or an opossum, and either way, I have a small dog who goes berserk whenever she hears it. We're worried about her safety as well as our own, and I've tried multiple times to no avail with our manager office to get it taken care of. Can anyone point me in the direction of resources I can look over to see what I'm able to do?

Answer: A opossum/raccoon in a crawlspace/attic does not fall under the landlord responsibilities as seen [here](http://codes.findlaw.com/in/title-32-property/in-code-sect-32-31-8-5.html). You're going to have to hire your own animal control.


Title: I had an interesting night at the er

Question:
 Started day with nominal pain while on painkillers and continued with a relaxed schedule. Towards the evening the pain started to increase. I went to lie down, for approximately 2 hours, got up to urinate, and came to the conclusion that the pain was becoming unmanageable. In addition to pain in my flank, groin, and prostate, I was experiencing very powerful and excruciating muscle spasms in my groin. Returned to the ER. Was seen by triage and evaluated as a level 2 patient with a blood sugar of what I believe I remember to be approximately 250. I was told to wait, and while waiting attempted to give the best urine sample I could. As I was waiting I began to feel a sort of mental fog and agitation most likely brought on by a combination of the increasing pain as my medicine began to wear off and the elevating blood sugar.  After a period of time (unsure of how long), I asked how many people were in front of me and was told 14, and decided that that was an unacceptably long amount of time. Went and stood by the corner of the ER waiting area and security desk. Called 911 and requested an ambulance to the ER, under the logic that an ambulance carries pain killers and would be able to treat me sooner, allowing me to wait for an available doctor with less pain. The ambulance company was willing to help me, but informed me they could not pick me up from the ER or anywhere on hospital property. At this point I remember yelling in frustration, and sitting on the ground as another muscle spasm hit me. I sat there for awhile until somebody came up to me and said they needed to put me in a chair and move me. I asked them where they wanted to move me to and they said wherever I wanted. I said I wanted to stay where I was. At this point it was becoming harder to breathe due to the muscle spasms becoming closer together and the increasing pain of the kidney stone. The cold tile floor was offering me some relief and the position made it slightly easier to manage the pain than that of my posture in a chair. I remember them trying to talk to me and I basically ignored them, becoming more and more agitated, focused more on controlling my breathing and trying not to panic. Eventually a security guard came up and something to the equate of "We're going to have to move him, they don't want him sitting on the floor." I responded by saying "they can fuck right off." The security guard responded by saying "You need to watch your mouth and who you're talking to." I responded by saying "No I won't and you can fuck off too." The security guard continued to tell me I needed to get up, I continued to tell him I couldn't. At this point somebody came and wiped my face, as I had started to cry at this point, and put a cool cloth on my neck. During this, the security guard continued to insist I get up, and I tried to explain to him that I was physically unable at this point to no avail. I lost my temper after continuing this exchange, and snapped, asking what it would take for him to just shoot me, since that genuinely seemed like a preferable option to the pain and harassment at that moment. I remember they were calling me the wrong name (I believe it was something like Will), and I kept saying that wasn't my name, although I don't remember why they were calling me the wrong name, since it was very hard to think by this point. The guard said i was being obnoxious, and I stated back that suicide didn't seem like that bad an option. Then I asked what it would take to him to shoot me, would a broken nose do it? He said something to the equate of I wouldn't break his nose, and had threatened him twice. At some point a nurse came up and called me by the wrong name, and I held my wrist out and said "read my fucking name." I remember I was very confused about why they were continuing to call me the wrong name, but I was gasping at this point so it was hard to communicate. The nurse walked away and the security guard said if I didn't get up he was going to call the cops, I said something like "you better do that then." I just remember that I kept having muscle spasms, and every time I moved it would trigger a spasm. The cops showed up and told me I had to get up, and I stated I couldn't because of the pain from the spasms. Eventually they started to pick me up. I remember screaming from the pain, and my vision got tunneled and I blacked out. When I came to my chest hurt, and I asked what they had done to my chest. They tried to pick me up again, and this time they put me in a wrist-lock and lifted me that way. I tried to stand but failed, as my muscles spasmed and my legs gave out. I felt my weight drop into my left shoulder (which is injured and I am in PT for) and my left wrist, but they didn't let go. They picked me up and I remember screaming "It hurts" at least twice. They threw me in a chair. My eyes were closed and I was scared, trying to figure out why I was in the chair. I kept trying to get out of the chair because it hurt to sit that way, and they kept pushing me back. I remember moving, and it hurt to even breathe. Then I was outside, at some point I know they called my brother-in-law, and asked about my phone. When I was outside they asked my age, and made comments trying to get me to stop crying and commenting on doing it at my age. They asked me if I was there for kidney stones, I'm not sure how they found out. I was having trouble answering because I was in pain and also panicking, so couldn't get control of my breathing to answer properly. I remember I wanted to give a defense of myself but I couldnt, and there were so many people around. I felt surrounded and just wanted out of the situation. They asked if I had a prescription for Percocet, asked where it was, and made fun of me for using all of it. I tried to explain that I hadn't used all of my prescription but had left the bottle at home as it wasn't getting the pain under control, but they wouldn't listen, saying if I was going to use up all my medicine that way I wouldn't get help. They made fun of me, saying kidney stones didn't hurt that much and I needed to man up. They continued to mock me, while I was in agony in my testicles, unable to breathe. I felt so small and trapped. My brother-in-law eventually got there to pick me up. I was embarrassed, not wanting him to see me. He told me I needed to get up so he could take me to Mercy to hopefully receive proper treatment. I tried to explain I just wanted to get to the edge of the property so the ambulance could help me, but I couldn't properly communicate. I remember I started being wheeled towards the car and I panicked, my brother-in-law says I swung at the cops. I don't remember that specifically but have no reason not to believe as I was fully panicked by that point. I kept saying I just wanted to go home and get away from everyone. I just wanted to get away. My brother-in-law took me to another nearby hospital after consulting with my wife. the other hospital took me to triage. Triage said I had a blood sugar of 350. They gave me Toradol and morphine intramuscular while still in triage. I had immense relief within 15 minutes, and started  to calm down. Later they gave me more morphine and a Percocet with insulin. I was able to think more clearly after the insulin, no longer fogged. They released me between 7 am and 8 am.

so my question is what should I do. I could be argued to be the aggressor but was in an altered mental state and was in emotional distress.

Answer: You were in an altered mental state and emotionally distressed. This is quite likely to have caused aggressive behavior. What is it that you want to achieve? Everything seems to have been done properly, even by your own recollection.


Title: [NC] Father-in-law has been hospitalized for the past few weeks and does not want to return home with his wife. What are his options?

Question: My father-in-law remarried my wife's now stepmother and the two of them live alone in his house.  He is in poor health with non-alcoholic cirrhosis of the liver.  Hospice does home visits three times per week to administer his medication, but the other 4 days are his responsibility.  He is often confused due to the ammonia build up in his blood, which can cause him to forget to take the medication that reduces the ammonia.  A few weeks ago, he was taken to a hospice center and hospitalized.  Turns out that he had not had his ammonia medicine in days.  This caused him to maintain a coma-like state for 2 weeks and now that he is able to speak,eat, but not get out of bed, they are trying to release him.  He demanded today that they not release him to her, but the social worker is saying that they may have to since she is power of attorney.  Given what I know about POA, this does not seem accurate.  Please help.

Answer: If it turns out to be true that she can make him go back with her, and her neglect is endangering him, Adult Protective Services may be appropriate.  You may need to be the one who calls them and starts an investigation.


Title: Woman lost company phone. The Find My Phone App is locating it in our house, but no one has it. Now we are threatened with possible criminal charges.

Question:
[California]

This recently happened and I am freaking out. This lady comes to my house saying that her app tracked a company phone (she works at AT&T) to our location.

She came with two cops, and all asked questions. I told her no one knows where it is. She lost it at a bar and I'm the only one who is 21 at the house that goes near the area, but I never found a phone nor was I in the area around the day she lost it.

I told her that I don't have it. I told her if she really wanted to come inside and search then fine. I really don't remember finding a phone. The cops and her clearly did not believe me. She kept saying that there is very important information on the phone, but I clearly don't even know that information.

So now, she is saying that she will go to a detective and there will be criminal charges. I am clearly freaking out.  My family is being accused of something we don't have. What can the police legally do? Could this be an app mistake? What are some actions I should take?

Answer:
 Those apps are surprisingly bad at locating things that precisely.

But I'll say this:

>I really don't remember finding a phone.

doesn't sound like a ringing denial. Answer #2: "I do not have your phone, leave me alone."

Stop talking to her or the police. If charged with something get an attorney. Answer #3: Have you actually been in that bar?

Some of your wording contains slight red flags. If you have been in that bar and you “don’t really remember” finding a phone, probably lawyer time.Answer #4: https://www.gimletmedia.com/reply-all/53-in-the-desert

This may be of interest to you. The tl;dr is that yes, it could be an app mistake.Answer #5: If the phone is powered on and Find My Phone is working, can't she turn the ring on max volume and call it? Should clear things up if she comes back with the police.


Title: Corona problem at work

Question:
I work at a big box stores I'm sure you can guess which and we have just had our first confirmed case of covid I know they can't disclose who it was but they also aren't telling us if we were exposed to it or not is there anything that can be done about this I don't want to run the risk of getting this because they are keeping this from us
Topic:
Healthcare Law including HIPAA

Answer: They're not legally required to tell you.


Title: Opened a claim against my ex employer, they emailed a packet of documents pertaining to my employment to my attorney with my full social security number, was there a violation?

Question: I opened a claim with the labor board against my former employer. I have an attorney. My former employer emailed a packet of documents of exhibits that include pages with my full social security number where it was not necessary (like a page listing sales I made) and emailed it to both my attorney and the labor board. They didn't even try to hide some of the numbers. I feel really violated because it was done via  email and could put me at risk for fraud. Is this some sort of violation (like don't they have some sort of duty to reasonably protect my info) and should I be worried that they not only have my social but a copy of my passport (and what they can do with it)?

Answer: Not only do you have no claim, they were obligated to provide an unredacted copy of your full file to comply with the boards request for records.


Title: I sold my used car and them they returned it. Now they're asking for $500 in licensing fees from us.

Question:
We sold our car and we let them know of the issues it had (exhaust leak, timing belt to be replaced in 1 year). They bought it and then the next day said they changed their mind so we gave them their money back plus $30 for fuel. Now they are saying they'll contact the police and lawyer if we don't also give them $500 for their licensing fees. That's stupid because they had their own plates and licensing costs $60 max. I told them we already gave you a refund plus fuel, which most people wouldn't have done. I also said I am now blocking them. What should I do? The car was sold for $1500.

I'm in Ontario, Canada.

Answer: They sound like scammers - pay nothing. You didn’t even have to refund them and accept the car back.


Title: I'm leasing, friend and her bf tells me they're living in a uhaul and I offered them a place to live for a month.

Question:
They 'misunderstood' the terms for a month 4 days after paying me for a month and are now threatening to either sue me for $10,000 and enacting 'squatters rights' if I don't pay them back in full $1,000 but I was just trying to help out some desperate people. My lease is up in July and I have texts telling them the landlord is renovating during July and that they understood.

Chicago, IL

Answer:
 If they will take $1k and leave imediately, that's probably your best option. Don't give them anything until they are gone and you have a written letter stating such.

If you want them gone otherwise you'll need to give them notice to vacate, then file for eviction when they dont. You'll be responcible to the landlord till the apartment is empty. Evicting them will take you well past your move out date and may result in the landlord evicting you to empty the place.Answer #2: What's your question exactly? You have tenants now and they do have tenant rights so you need to give them notice if you want them to leave.


Title: BestBuy damaged my TV during an exchange and denied the exchange

Question:
**NY/Long Island**

What can I do? I'm livid. I'm a 21 year old full-time student and full-time worker. Bought a Samsung KS8000 on black friday as a gift to myself. Had signs of issues that I was worried about getting worse within months after the return/exchange period, so I brought it in for an exhcange.

It is a highly delicate, thousand dollar piece of equipment. I followed Samsung's unpackaging instructions to a T. Lay the box on it's side, have a friend keep the box stable with the specialized handle while you slide it out. I used this exact method repackaging the TV for return. On the other hand, Best Buy handled my TV aggressively. TV box upright, one employee gripped it by it's sides and ripped it out of the box. They turn the TV on to test it, and lord the crack in the display where his palm was made my heart drop.

Thinking about this whole situation gets me heated. They reported to their manager while I stood there awestruck. Of course, she denied the exchange. I argued and argued. At my young age I just don't know how to combat these confrontations yet.

They gave me a phone number, who they said might be able to take care of me - 1 (888) 237-8289. After hours and hours of calling and talking to a lot of agents, I had one employee (I think he was the manager of that department) come on the line and explain to me that this number is only meant to handle the return and exchange of delivery items. He said that this issue is the stores to deal with. He filled out a ticket for me, and was calling the store to speak with them personally, send them the ticket information, and then transfer me over to whoever had answered. After being on hold for maybe 7 minutes the agent helping me, Robbie, returned to tell me he was still on the line with me waiting for an answer from the store. Around 15 minutes the call dropped.

I'm gonna keep calling to see if I can reconnect with Robbie. He seemed pretty willing to help, and I have the tickets numbers he created (there were 2). I'm just so afraid that Best Buy will win by deflecting. They are awfully good at it - there is not even a corporate number I could call!

I'm sorry if I'm posting this in an inappropriate subreddit. Where does this belong?

**Edit** 1: Wording, Location

Answer:
 This isn't a legal issue, it's a customer service issue. Keep escalating with Best Buy. Speak to managers and supervisors and if they refuse to help, keep going up. You had someone submit several trouble tickets for you, so you might as well wait and see how those pan out.

Absolute worst case scenario you can file a small claims lawsuit if they absolutely refuse to do anything, but there's definitely no guarantee that will work in your favor at all.


Title: [CA] employer keeps ignoring me about it being hot and seems to actively make it hotter. What can I do?

Question:
So I work in a pet groomers as a washer in the back room. Because of all the dryers we use it get really hot in the back. I try to keep a couple fans going to try and keep things cool.

My employer is an older man and an immigrant from China so he has a thick accent and is sometimes hard to understand him.

Now, there's only a back door where we usually have a fan going to blow cooler air from outside. I have another fan that blows up and towards the door to try and blow warm air out. This works pretty well and can get a good air current going to keep things relatively cool.

My boss, who works up front almost all day, doesn't think so and will come back to turn off fans and close the door to the back, claiming that A/C is on. I keep trying to explain all he's doing is trapping the hot, humid air in and we hardly feel the A/C since the thermostat is up front. He keeps yelling at me instead and then insists on keeping the door shut, no matter how hot it gets in the back.

Idk what more I can do. Do I have any rights to get him to stop? I'm seriously worried someone is going to pass out from the heat since things haven't been cooling off here in CA and my boss doesn't seem to care.

On another note there are several other things I've been noticing that aren't up to safety codes, like uncovered electrical outlets next to where we dry wet dogs and that our turns are so rusty one of the bottoms is about to give out. Been thinking of reporting him to OSHA

Answer: OSHA's [guidelines](https://www.osha.gov/SLTC/heatstress/) start at 91°F, and don't specifically recommend any serious mitigation or protective gear until 103°F. What is the actual temperature?


Title: [UT] Adolescent Treatment Facility Abused Kids and Shut Down

Question:
TL;DR at bottom

Background: [CT] I was a troubled kid. At the age of 15 I ended up getting arrested for possession with intent to sell. I wound up getting charged with possession and put on probation for a few months. I broke probation (failed drug tests) three times in a row and knew I was going to jail so I "hid" in a treatment facility for 14 days.
My first night home after I was discharged, I woke up to two people from the hospital and one person I've never seen before busting into my room at 4 in the morning telling me to get up and that I was going to Utah.

Problem: [UT] I ended up staying at this lockdown, live-in facility for 7 months. I had to complete the program or else I was going to jail. It was intense. Strip down, squat and cough, the whole shebang. When I first got there they wouldn't give me a comforter. I had bedsheets and the clothing they provided for me (two tshirts, two polos, a sweatshirt, sweatpants, two pairs of guy jeans, socks, and undies), but since this place was in the middle of the desert it got VERY cold at night so I would have to layer everything at had and still be shivering at night. They restricted food as well and would tornado the rooms removing anything that we weren't allowed to have (extra food, pens, more than one pillow, etc.) A 5 minute time slot for showers was all we had each day to split between 4 roommates and there was literally no hot water.

The staff would regularly mess around sexually with the kids. I personally have never had anything happen to me other than being bear hugged by an opposite sex staff member and bent over with my rear pressed against his genitals.

They also had a room they called the BLC or the "Behavioral Learning Center." This was a small room with one door, no windows, no furniture, high ceiling with fluorescent lighting, and a dirty carpet over concrete. The walls had plywood nailed to them floor to ceiling. The BLC was where they sent you if you said or did anything they were against or if you were sick. The rules for the BLC were that you had to sit on the floor a foot away from the wall. You couldn't lean against the wall, you couldn't lie down, you couldn't talk to anyone, you couldn't do anything you just sat there. For hours. Sometimes days. But you had to be careful where you sat because the BLC guard wouldn't let you leave to go to the bathroom or drink water so kids would frequently urinate or defecate on the floor. If you didn't have a water bottle when you were put in there you were screwed. When you were in the BLC you couldn't eat the normal food so you got PB&J for every meal, which sucked because it was very common you'd be in there for a while.

Long story short, the place was shut down for child abuse. I tried finding more info on it but it's damn near impossible. I don't know if I'm allowed to name the facility. I found one class action suit a LONG time ago that listed "Guantanamo Bay Torture Techniques" as a reason why they were closed but in retrospect I don't know where I read that.

TL;DR Parents paid a boatload of money to send me to a court ordered, live-in, adolescent treatment facility that got shut down for child abuse.

Question: Is there any way I can get my parents money back for paying to send me to this place? They paid via a loan and are still paying it off, but since the place was shut down shouldn't they be able to get some money back? My parents only sent me here at the recommendation of the hospital I was staying in, could they be held liable? It was a LOT of money, and I did get my record erased (or so I'm told), but this place seriously FUCKED me up. Also, I was sent here  ~9 years ago.

I have stories for days on this place and left out many, many, many details. I will answer any question to satiate curiosity or that will help garner better legal advice, so ask away!

Answer:
 Holy shit that is a really fucked up situation and I am sorry you had to deal with that. I think this is may be too fact specific for anyone on here to answer. You may be best off on checking out the link at the bottom of my post and calling the bar association for a referral to a lawyer who specializes in this.

http://www.utahbar.org/public-services/i-need-a-lawyer/enhanced-attorney-listings/


Title: Would I be an accessory if I got in a car with someone under the influence who then hit someone?

Question: Title says it all, if I get a ride home with someone who has had a drink will I be liable if they hit or kill someone?

Answer:
 There was a famous reddit post with little to no follow up about a guy riding in a former drivers ed car. It had a non functioning second steering wheel and brake pedal. And they both got arrested for DUI

I recall there was some bad behavior by the two young men towards a female officer that may have led to this

Interesting topic


Title: Sold my car and after purchase buyer wants me to pay for $500 oil gasket.

Question:
Just about a week a go I sold my car in Illinois (also an Illinois car) to a gentleman who drove in from Indiana. He drove the car back and a few days later had the oil changed, and the oil change guy said he likely need to get a new engine cover gasket. The sale was a week ago and we signed over the title and he paid in cash.

I had zero idea that the car needed this part. My take is that he bought the car outright, even though there was no as is where, as clause in the bill of sale or sale is final. Again, i had no idea that car had this or any issue. I am not a mechanic. Also, the car is almost 8 years old and has just about 100,000 miles. Anybody have any idea how i should approach this guy and what I should and should not say?

I honestly feel like I have done nothing morally or ethically wrong, but was there anything illegal done?

Answer:
 IANAL

He did - or should have done - his due diligence prior to closing the deal.  If he had wanted to get it looked over by a mechanic, I am certain you would have allowed him to.  He chose not to.

You knew nothing of this part needing replacement.

You sold the car, I assume, as-is, no warranty?  Unless you specifically offered and handed over a written warranty, then you sold it as-is.

Tell him to go eat a bag of dicks.  Feel free to re-phrase that term as "Regrettably, all problems with the vehicle, known or unknown, are the responsibility of the buyer," if you want to be more polite about it.


Title: My brother is strongly considering legally registering his relationship with this gf of 4 months, and he is about to inherit 250k [Australia specific]

Question:
Ill start by saying my knowledge of Australian law is incredibly limited.  My assumptions below are assumptions.  Feel free to school me, thats what Im here for.

Background: Our grandfather died several years ago and left a sizeable sum of money to both my brother and I directly (his only grandchildren) and to my father, who is retired and financially very comfortable.  My father decided that in addition to the 80k our grandfather left to each of us, he would add 170k for us both, making it 250k that we are each inheriting.

This is obviously a very substantial sum of money, and puts us in a position most 25-35 year olds can only dream of.  We live in Australia where housing affordability is an ever increasing issue, and is quite acute where we are specifically.  You cant buy a free standing house here for less than 400k.  Rapidly ascending house prices and record low interest rates means we we both decided that purchasing houses now would be the best use of the money, and our father is in full agreement there.  My brother and I have lived together for years in a rental, and his GF has been here for  about a month after her accommodation fell through (more on that below)

My issue is this: my brother has a habit of going head first, 100% full throttle into relationships and having them blowing up in his face spectacularly. For example, he bought his current GF a car within a month of dating.  Only a $1000 P.O.S, but still, who does that?  Anyway, his GF is european and staying here on a working visa.  She is not english so she doesnt get an easy visa.  Backpacker-type working visas in Australia have tight regulations on what work you can perform, and on work you HAVE to perform.  One of these is the requirement to perform agricultural work for X amount of time in X amount of years, I dont know the specifics.  She was working on a farm on the outskirts of the city but left (along with all the other backpacking coworkers) because the farmer was an old sleaze, and was sexually harassing one of the girls.  I dont know the specifics of that either, but she and her coworkers quit. This was reported to the authorities etc, but the outcome to that is apparently unlikely to change this issue: This has left her without sponsorship for her visa, and farms around here arent very close to the city, the one she was working for was rare in its proximity and produce, as most are 1-2 hours drive from our city and are dairy\meat, and backpackers typically pick fruit etc, unskilled labor. Her working visa will expire in April 2016 without sponsorship.

My brother, in his aforementioned passion for committing 110% has been researching different visa types with her and he or they have landed upon a registered partnership\intent to marry\defacto registration as the easiest way to get her a different visa and allow her to stay and work.  My MASSIVE issue with this is that the law here puts civil partnerships\defacto relationships on similar footing with marriage.  Division of assets, the whole deal.  Even iron clad pre-nuptuals are virtually useless under Australian law.  She is bringing no assets or money to the relationship.

My brother is being a total doormat and has her living with us (as her accommodation was with the farmer). The issue is her legal standing as a partner who is accustomed to a certain lifestyle is reinforced when she is living rent free with him.

My father is VERY non confrontational and the best I can do is hope he talks to my brother too. I know my father, I really dont think he will withdraw\postpone his offer to pay 250k towards my brothers house no matter what I say. My mother was the backbone in dealing with my brother and would nip this in the bud, but sadly she has passed on.

I am going to have my father put in writing to his lawyer that his 250k to me is a "loan", so that if in my own lifetime I find myself in a division of assets situation, I can say that 250k of my mortgage is a debt to my father, and not my money to give.  Thats the best I can hope for with my brother, too.

Any advice you can give on the situation my brother is getting himself into would be helpful, maybe I can show this thread to him later.

**tl;dr**: my brother is as good as marrying a girl hes known for 4 months when he is inheriting 250k that will not be protected at all in a break up.
Topic:
Custody Divorce and Family

Answer:
 While you say pre nups don't exist or are worthless, that's not strictly true.
In Australia there are Binding Financial Agreements.

As well as pre-marriage, Binding Financial Agreements can also be entered into during marriage, after separation or after divorce.

The agreements are provided under the Family Law Act and allow the parties to enter into a private contract without the need for Family Court approval.

They must comply with the relevant legislation and are not protected by the Family Court so their validity can potentially be legally challenged at a later date.

While they can be challenged this would put him on a much firmer footing.

That said, if he's going to dive head first into this, there's not much likelihood he'll form a BFA.


Title: [MI] Can I sue the hospital if I don't have a bill?

Question:
I've asked about this situation before, but to recap:

On Aug 20th, I went to the ER with upper quadrant abdominal pain. I was 38 wks 4 days pregnant and had had been in the ER with issues with my gallbladder 4 weeks prior. The doctors assumed that was the issue again, ran a gallbladder ultrasound, and found 4 gallstones. I was given a prescription for Percocet and sent home. At no point did the ER doctors check my son to make sure my baby was ok. No blood work was done, no fetal heart monitoring, no ultrasound for the baby. Everytime I asked the doctors if they would check the baby to make sure he was ok, I was told "That's not hospital policy."

The next day, less than 12 hrs later, I woke up and my baby had stopped moving. He was dead. Blood work taken after the baby was gone, showed it was HELLP Syndrome.

I just found out from insurance that they covered the cost 100%. We don't care about money because no amount of money will bring back our son. Can we still sue them to get them to change their policy? Or does money have to be involved?

Answer:
 I'm sorry for your loss

Medical malpractice is very fact specific, you will need to speak with an attorney that specializes in that area.

You can also file a complaint with the accrediting body for the hospital (Joint Commission, HPAP, etc). If you want to do both, you should speak with your attorney first about how the complaint may affect your case

> Or does money have to be involved?

You do have to have "damages" to have a malpractice claim, that includes monetary costs, but also a lot more as well, like injury and loss of lifeAnswer #2: If you sue for medical malpractice, you will have to prove that the doctor's treatment fell below the standard of care (in that area) and that this negligence proximately caused the death of your child. It will really depend on what you complained of, what your symptoms were when you presented, what your history was, what baby's history was, and how the doctor responded.

You will have to hire experts to give their opinions on these matters and the hospital will hire their own experts. Medical malpractice is expensive and long. I tell you this not to dissuade you but so you can have some realistic expectation. You will need to get yours and the baby's medical records and take them to a med mal firm. Many med mal firms will, if they think you might have an actionable case, send your records to their own expert for review first.

Answer #3: > Can we still sue them to get them to change their policy?

No.

> Or does money have to be involved?

As a practical matter, yes - and a *lot* of it - because otherwise you won't be able to pay an attorney.


Title: Shoplifters tried to run me over- Mesa, Az

Question:
I work in a vape shop that was shoplifted a few days ago ($300) and instinctively, I chased the two thieves out of the store and stood in front of their car ( stupid I know but I actually didn't think they would accelerate.)  They started to accelerate slowly (~4 mph) until I could not backpedal fast enough and jumped out of the way. I got a partial plate and called the cops. I gave the police footage of the shoplift but they said it is unlikely anyone will get caught. What are my options here? Is what they did, in regards to trying to run me over, a crime? If so can you please provide the statute?
Thank you!

Answer:
 > I chased the two thieves out of the store and stood in front of their car

In the future: your employer's losses are insured, and can be replaced. Your life isn't, and can't.

> What are my options here?

File a police report (which you did). Let your boss know about the robbery. Maybe speak to a trauma therapist.

> Is what they did, in regards to trying to run me over, a crime?

It's [assault](https://www.azleg.gov/ars/13/01203.htm), among other things:

> 13-1203. Assault; classification
>
> A. A person commits assault by:
>
> 1. Intentionally, knowingly or recklessly causing any physical injury to another person; or
>
> 2. **Intentionally placing another person in reasonable apprehension of imminent physical injury;** or
>
> 3. Knowingly touching another person with the intent to injure, insult or provoke such person.

(Emphasis mine.)

It may also be reckless driving or a few other possible charges. However, it's at the discretion of the police to decide whether to move forwards with an investigation and possible criminal charges.


Title: Husband fired during our Honeymoon, on his scheduled/approved time off - for job abandonment. IIEE?

Question: [deleted]

Answer:
 >I want to be compensated for our emotional and financial losses.

And I want $2billion and to be surrounded by blonde, big-boobed bikini clad sloots for the rest of my days, but some things just ain't in the cards.

>I plan on going to his exit interview (Wednesday) and explaining (very nicely) that I feel I was wronged by their actions and I will pursue compensation.

That's a *bad* choice.  Your husband's professional career will be torpedoed by you showing up and demanding compensation you have absolutely zero entitlement to.  Stay home.

Your lawyer will tell you the same thing.  If he doesn't, then you need to find a new lawyer that has a few functioning brain cells.


Title: Offered a maintenance job while in Methadone Maintenance Therapy . Drug tested and told I had to quit the program to get the job. I quit the program and now I'm being told I can't get the job because...

Question:
In Louisiana...
I was told I had to quit the methadone program which I had planned to so at the middle of the month, which I was very up front about. They sort or made me leave earlier than I wanted to but whatever, I need the job or I'm going to be homeless so I complied.
I then find out I can not get the job after quitting the methadone program because the doctor or nurse had a son who went through the same program for 5 years, never tapered down, stayed at a very high dose the whole time and then quit cold turkey. The nurse says no one can work or drive or even cook while they are quitting or right after they quit methadone, which I was on for only 9 months. She saw him in agony because he quit like a moron and assumed methadone was just "the debil" and that it affects everyone like that. For the uninformed, it doesn't. I have had 0 withdrawal symptoms and it's been a whole week since my last dose.
They are saying I won't be getting the job now because they assume I'm her son in the sense that I'm extremely ill from withdrawals even though I went to talk to the people who did my drug test and who are telling me I am not capable to work or do anything one week after quitting to show them I'm 100% fine.
Can I do anything legally?
I am extremely sorry for the terrible spelling , I'm on a mobile at that doesn't let me see what I'm typing past the first line.. I will fix the spelling and grammar mistakes when I get to my desktop..
EDIT: Fixed the mistakes as best I could!

Answer:
 Wait, you were in a recovery program for an addiction and they told you that they cannot hire you as long as you are seeking treatment??

How many people work at that company?

Edit: asked because addiction is considered a disability (but continuing to take illicit substances is not)


Title: [DE] Vet overdosed my 4 month old puppy and caused fairly serious neurological damage, what can I do?

Question:
I'm in Delaware.

So back in August I got a wonderful little Boston Terrier puppy, and around mid-September, after she had completed the last of her vaccinations, we took her to the vet because she was having diarrhea and puked on my sister. She was diagnosed with Giardia, supposedly a fairly common intestinal parasite. The vet prescribed a 20 day run of antibiotics and we thought that would be that.

This past Sunday, we (my family, specifically my dad and I) notice she's walking with a limp and debate taking her to the vet. We decide that we'll see if she's any better in the morning and go from there. The next morning, she can't even stand, so we rush her to the vet as soon as they open. That's when we find out that someone had either mistyped or misread her weight (it was never made clear which) and dosed her for a 95 pound dog instead of a 9.5 pound dog. Thankfully, the vet always starts with really low dosages (she ended up getting about 1/3 of what a 95 pound dog should have gotten, still much much more than she could handle) so it wasn't lethal. It did, however, cause neurological damage relating to her muscle inhibitors, making her unable to maintain her balance or support her weight, and giving her near-constant tremors.

She stayed overnight in the animal hospital for three days (she just got home today, the medicine has been largely flushed from her system, but the neurological damage will take time to heal) and now she's taking Valium 2-3 times a day to help with tremors. We're already looking for another vet, but my question is, is there any legal action that could be taken against the vet? From what I found online, we could only have gotten the amount we paid for her, and that's only if she had died. I'm brimming with rage right now and just trying to help my dog readjust to home. Any input at all is appreciated.

Edit: Several people had comments regarding how she contracted giardia. We were told that she probably ate dirt or something else containing the microscopic cysts. She had been taken to our lake house several weeks prior, but the vet was very doubtful that that was the cause.

Answer:
 Not for nothing but giardia is not at all a common parasite in healthy puppies.  Giardia breeds in stagnant water in yards aren't being cleaned properly.  I'm not going to type up a ton of words since it will bore everyone but you need to get yourself to google.  Giardia is VERY hard to treat in puppies, it can take months and you have to make sure none of their poop stays in the yard. What kind of health check did you get from the breeder?  Did you see what kind of conditions this dog was being kept in?  My first step in this case would be finding out how this dog got this parasite and going from there. Answer #2: I did some quick research and it appears that neurotoxicity from metronidazole is reversible with treatment.

http://veterinarynews.dvm360.com/metronidazole-uses-toxicity-and-management-neurologic-sequllaeAnswer #3: Is the vet eating the costs of the overnights?  A dog is property, unless it dies there isn't much you can do if the vet is treating the dog at their cost.


Title: [California] What can I do to protect myself from swatting?

Question:
Hey legaladvice.

I've got a bit of a tough question. I'm a twitch streamer that, unfortunately, has been subject to frequent troll raids. Now, the troll raids themselves are hardly problematic, but the last raid that I had resulted in several individuals (or one individual with multiple accounts) threatening to swat me.

The first thing I did was to mute myself and call the police non-emergency number, since I figured an actual swatting was unlikely, and attempted to get some kind of record that the incident took place. However, the dispatcher passed me off to a desk officer (not sure of the guy's official title) who was unclear on the concept of swatting, and while he said he would make a note of it, I'm somewhat doubtful that he actually did. He was also quite irritated that I had no idea if they were able to ascertain my current address, and if they did, exactly how so.

I've watched /r/Twitch for a while for tips, as well as talking with other streamers, but I figured legal advice might have some unique points of view on this unfortunate phenomena.

Location: California, USA

Answer: You can't prevent someome from making false police reports nor the police reaction to those.


Title: 20 year old just broke my probation, I don't know what to do. Please help!

Question: [deleted]

Answer: Consult the lawyer daddy is paying for, quit being an entitled little prick, follow your probation, and stop talking about it on the Internet


Title: Fake $10 bill

Question: I went to go buy some food and when I went to go pay the lady at the register said that I had a fake $10.00 bill, and that they where required to keep it. I payed for the food and asked what they where going to do about this, and she said they give all fake currency to the authorities at the end of the night. I honestly thought maby she was just trying to scam me out of $10 so I called 911 and told them the situation and they told me I could either just wait there for an officer or I could leave. I didn't think it was worth the hastle to wait (since where I live unless it's a violent crime it can literally take hours for an officer to show up) so I left. I just wanted to know does this usually happen, and if so what should I expect?

Answer:
 Yes, it happens a lot.

You should expect to maybe get a call asking you if you can think of where you might have acquired a counterfeit bill. It likely won't go any farther than that unless you have a history with the cops.

For future reference, put your local PD/Sheriff's non-emergency number in your phone. That wasn't really a 911 situation.


Title: PA: Dispute with a neighbor.

Question:
I've been having this altercation with my neighbor across the street for me going on two years now. Him, being mostly a slumlord owning half the properties on the block (I feel like Baltic Avenue by itself while he's got hotel on both blues).
Meanwhile I spend most of my time at work, or keeping to myself, he constantly will banter me accusing of doing x and y to his property, (if a coffee cup from my outside trash bin blows into his property from the wind, its a major crisis).
So, today he decided, after calling the cops on me yesterday for a parking dispute because I had "Parked too close" to him,(I was close, to try to maintain my usual parking spot, and he was not blocked in as he had room far behind him), he decides to take his vehicles and work vehicles and call his friends and have them parked on the entire block, leaving me (disabled Vet) and my wife (type 1 diabetic) unable to park anywhere near our house.

Is this Harassment? if so/not what can I do about this? Because he's been up to this petty charade for about 2 years, so I believe we're beyond the point of "talking it out"

Answer: Sounds like a pain, but there's no right to any particular location on the street in public street parking, nor is there a right to "maintain my usual parking spot." If you and/or your wife have mobility issues you may be able to designate a space in front of your house as disabled parking with your town or city.


Title: [NM] Ordered pizza, was never delivered, still being charged

Question:
I ordered two pizzas from a local restaurant for delivery on their website and paid with my card. It was about an hour from closing time. The pizzas were never delivered and when I tried to call they had already closed. The next day I called them about it and was told that it had been a carry-out order that I never came to pick up despite my online receipt from their website saying very differently. The woman I spoke to said it was "showing up in their system" as a carry-out. I asked to speak to the manager and was put on hold then hung up on. When I tried calling again no one answered. I went there in person later to talk to the manager. After arguing with them the manager finally came out to talk to me. He changed the story and said that the delivery driver was not able to contact me and that I never answered the door. When I called him out on the change of story he threatened to call the police, so I left.

I'm not sure what to do now. I really want my $35 back. I have a receipt from them that specially says delivery and also includes a delivery fee. My phone number was entered correctly and I did not receive any calls from them. They screwed up and don't want to admit it. It's a small, locally owned business so there's no one else for me to confront about it. Is there anything I can do to get my money back or would I be better off just letting it go?

Answer:
 Dispute the credit card charge, merchandise not received.Answer #2: File a dispute charge on your credit card. Also, not legal advice, but you should consider posting about your experience on Yelp and other review apps.Answer #3: Dispute it with your credit card company. They'll have your back.

And tell them not to accept anymore charges from that company just in case they try charging you again after the dispute.Answer #4: When you file your credit card dispute (and you will win if what you posted is accurate) strongly note that you received no goods even though you were there to accept delivery. After you file, the company will have an opportunity to respond and then the CC company will make a decision. Usually takes about 90 days for a final dispute to be concluded. The CC company will not hold you liable until the dispute is concluded. The dispute must be done in writing...contact CC company for the process.Answer #5: Like Jellicle said, contact your "card" issuer and contest the charge because the merchandise was not received.Answer #6: If you paid with a card they would have to have a receipt with a signature. You 100% can get your money back because they obviously won't have your signature. Like the others said, call your card and dispute this.


Title: Can I lie to try to get my employer to invoke our non-compete?

Question:
 When I was hired I signed a non-compete agreement wherein my company can restrict me from working for a competitor for up to 12 months after leaving. During this time I would be entitled to my base salary from my company.

The agreement states that I need to tell my company of my intention to accept employment (this is typically done when you are still working at the company after you have accepted an offer but before you have formally quit), but it doesn't say anything about telling them exactly what company I'm accepting the offer at. It just says I need to tell them of my intention so they can determine whether to invoke the non compete.

It's possible that if I leave the company they will go ahead and invoke it anyways, but if I were to leave with an offer from one of our competitors, it would greatly increase this chance.

So my question is this: Let's say I want to leave the company and don't have another job lined up. Can I lie and tell them that I have an offer from a "competitor" without getting into details in order to encourage them to invoke the non-compete and pay me to do nothing for a few months? Or would this be committing some kind of fraud?

Answer:
 > Or would this be committing some kind of fraud?

Yes.  It would be committing the fraud kind of fraud.  Like literal actual fraud.


Title: Got a red light ticket by an officer and I plan to fight it by Trial by Written Declaration

Question:
Here's the story: Light became yellow and I coasted through the intersection as the light is turning red.  I was not speeding and was going 25-35mph.   I'm 90% sure the front of my car has passed the crosswalk line which makes me legally to be in the intersection and can proceed.

However, the officer was on the opposite lane looking directly at me.  So technically he can not see my set of lights but he can see that his lights turning red and he assumes my side turned red at the same time.  In addition, since he was on the opposite side, from his point of view, it is highly improbable that he can see exactly where the front of bumper is.

Of course, me and the officer do not have video evidence of any of this and all I have is my word against his and vice versa.

So is the above enough to put as the Statement of Facts in the Trial by Written Declaration?  If not, what else can I put?

I'm in Los Angeles btw.

Answer:
 > Light became yellow and I coasted through the intersection as the light is turning red.

It sounds like the officer interpreted the scene correctly.

You can challenge it, but you will almost certainly lose. He is trained for interpreting such things, you are not. He has nothing to gain by lying. As such, unless you can ***prove*** that he is wrong, you will be found guilty.Answer #2: Your best bet is to time the stop lights. You're arguing that he assumed you ran the red because he based it on his red light. You're also arguing that there is a time difference between your and his light. Answer #3: Go to traffic school to avoid points. With what you have said her you ran a red light. Look at the bright side, at least you didn't get tboned.


Title: My STBX Husband and I are getting a divorce, and of course its not a nice seperation.

Question:
My stbx filed for a nullity July 2017, I filed for a divorce in California. With both of those being filed a Summons of the court was issued.  Before our first court date we found out I was expecting so we both didnt go to court and decided to work on our marriage (basically because I refused to get an abortion), though we never dismissed the petitions. I had our disabled daughter in April. In May someone had hit my car and took off (hit and run). I made a police report, and thats when they told me to file a claim with my auto insurance. That's when I learned that he took my vehicle off of the insurance Nov, that went into effect April 30th. So I was driving in an uninsured vehicle (which is against the law in CA, and was never informed). He did leave my name on the insurance to be covered on his vehicles, one that he hid at his mothers house. That vehicle engine supposedly went out and the insurance sent him a check. He used that check to buy him a brand new truck. Hes also refinanced on the house without my knowledge, and was never given my part of the refund. From my understanding this is all in contempt of the Summons. What can I do about it?

Note: since our daughter was born hes only seen her 3 times in a year and we still live in the same house. He has not supported her or her medical needs. Hes  a lot of expensive items, but hasnt bought anything. I havent been able to work but every dime i get goes to getting our daughter to her bi-weekly appointments. Same daughter he is denying is his. Our last court date the judge said that he had to make a vehicle available to me, and he hasnt done that (since my car broke down eventually from the damage that wasnt fixed from the accident).

Answer: You should get a divorce lawyer asap


Title: Fired for being disabled in Ontario. Yep.

Question:
I’ve posted my situation below the cut with names and identifying information redacted for privacy.  I am looking for advice on how to proceed, advice on monetary compensation, and general support.

Basically I was fired for being disabled. The situation is really fucked up. It’s an organization that advocates for disabled people, i identified as disabled in the interview, signed a contract and paperwork identifying as a person with disabilities, and was subsequently fired for it. I know this is illegal. I know this isn’t okay.

I am speaking with a lawyer on Friday to ask questions about retaining counsel and what that means, but the long and the short of it is that I don’t really know what I’m doing. I know I have grounds but I don’t know to what extent and I don’t know the value of damages or what is reasonable to ask. What is pain/suffering/injury to dignity worth? What is being led on and giving up grad school for this worth? What is feeling like my whole future imploded worth? My partner has already commented on my anxiety is regards to looking for new work because of this situation and I have panic attacks looking at job ads. What is that worth?

Thanks for reading and I appreciate your time.

——

On July 9, 2018, I began working at the [corporation name] as a [position title], a summer student position. I was working under [Mr. A] who, at the time, was the Manager of [department name] at [corporate name]. I worked under [Mr. A]  for the summer on various projects to support [department name] and other departments in [corporate name].

During this time, [Mr. A] was aware of my weekly doctor’s appointments which took place every Monday at noon. These appointments are with my psychiatrist, [Dr. B], whom I have been seeing consistently since 2012. I took my lunch break for these appointments and, depending on traffic, was sometimes late back from my appointment. I communicated this with [Mr. A] and I was permitted to make the time up by staying late or cutting my lunches short. I did not miss more than 20 minutes of work time during the week. I also communicated the physical toll that my illness had on the one day I was ill. I was honest about my mental and physical health.

On August 15, 2018, [Ms. C] approached me and told me that [department] was hiring a [position name] and that she thought I should apply. At first, I explained that I was supposed to be moving to [city name] to attend [college name] for post-graduate studies where I hoped to pursue a career in working with [field of study that directly relates to corporation]. I realized that working with [corporation] was an amazing opportunity and still very much in my field of study and interest, and told [Ms. C] that I was interested in the position and would like to apply. I was encouraged and supported by [Ms. C] and [Mr. A] as I applied for the position.

On August 30, 2018, I discussed my health in my interview for the position. [Ms. C], the [department] supervisor [Ms. D] , and Human Resources Coordinator [Ms. E] were all present for the interview. I identified as a person living with post-traumatic stress disorder (PTSD). I believed that disclosing this information helped me to discuss my value on the team, how my own personal experiences with PTSD have helped me become a pillar of support in my community and how these experiences help me navigate sensitive information with empathy and compassion. My contract as a summer student with [company name] terminated on August 31, 2018 and I was supposed to move for grad school on September 3, 2018. I communicated this with [Ms. C] and [Mr. A] and told them I needed an answer before that date.

Extenuating circumstances set my moving date back to September 8, 2018 and I communicated this with [Ms. C]. I told them that, while my living situation in [city name] was getting resolved, I would continue to wait for the offer. On September 5, 2018, [Ms. C]. sent me an e-mail that read: “We are pleased to inform you that we would like to hire you for the [position name] starting immediately (might take a few days for the paperwork to go through though).” At this time, I did not have a potential start date, as the hiring paperwork was in progress.

At 2:15pm on Friday September 7, 2018, I received an e-mail from [Ms. D] with a copy of the offer letter attached. I did not see the e-mail until after business hours on Friday so had no opportunity to ask questions, discuss, or negotiate anything before the start date listed on the offer, which was September 10, 2018 at 9:00am. Previous to this, despite being told the position was to start “asap”, I did not have a date and was told it could take a while for my paperwork to go through. I do not believe that it was a reasonable assumption that I would’ve started my contract so quickly without any meeting, discussion, or negotiation. I did not plan on being gainfully employed the week of September 10, 2018, and thus had doctor appointments set out:
•[Dr. B], my psychiatrist, at noon on Monday September 10, 2018. This had been a pattern for several months, including during my time thusfar at [corporate name]. He has a 3-business day cancellation policy which will result in a financial penalty of $160 if not honoured.
•[Dr. F], OBGYN, at 9:15 on Tuesday September 11, 2018. She has a 2-business day cancellation policy with a fee of between $20 - $100.
At the time of my notification of employment, I was unable to change these appointments without being financially penalized.

At the time, between the flexibility offered to me previously at [corporate name] and the financial penalties of cancelling these appointments, I did not believe it would be a problem to attend these appointments due to the immediate nature of the start date of the position.

On Monday September 10, 2018, I went to the [corporate name] office for 9am. Upon entering the office, I was instructed by [Ms. C] to sit down and begin completing paperwork. This process took roughly an hour. When I was finished, [Ms. D] escorted me to my desk. It was at this time I told her that I had a doctor’s appointment at noon and so I would need to take my lunch at roughly 11:45 and I would come back after my appointment. I also informed her about my appointment on Tuesday morning. I told her I would take an Uber to and from my doctor’s office, at my own expense, to ensure I returned as soon as possible. I returned at roughly 1:10. I acknowledged that I was late and apologized. At this time, I had a discussion with [Ms. D] regarding my appointments. We discussed how flexible the appointments were and I told her that I was willing to rearrange my appointments- it would be difficult, but I could do it. I was even willing to cut the amount of appointments and the length of the appointments considerably to accommodate this job. [Ms. D] suggested that perhaps I could move my appointments to the morning on Monday, as there was a 12-8 shift that I could work.

I took this offer at face value as an accommodation and was thrilled that I would not have to lose my scheduled appointments with my psychiatrist. I called my psychiatrist and asked him if it was possible. [Dr. B] confirmed that it was possible, but he would need time to move his clients around. I communicated this with [Ms. D] and told her I would let her know as soon as I knew. We also discussed my Tuesday appointment with the OBGYN and she agreed that it was alright for me to come in after the appointment at 10am. I e-mailed all this information to [Ms. D] and confirmed that I would make all future appointments outside of office hours.

On September 10, 2018, I submitted notice to [school name] that I was withdrawing from the program. This cost me $500 in program deposits and another $227 in deposits from living arrangements. At this time, I had sold most of my belongings in preparation to move and, while my partner was taking over my apartment, I was dealing with being effectively homeless. At the time, it was all worth it for this opportunity at [corporate name].

On Tuesday September 11, 2018, I attended my appointment with [Dr. F] at 9:15am and, as discussed with [Ms. D], returned to the office as soon as the appointment was over, arriving for 10am. Knowing I was an hour late, I did not take my lunch. This was to make up for lost time and to cover the lunches of my coworkers. With no further discussion, I believed that this was an acceptable solution. At 12:09pm on Tuesday September 11, 2018, I received an email from [Ms. D] stating the time I was late back from my appointment on Monday and the appointment from Tuesday morning would be deducted from my pay as sick time, despite the discussion that I had taken time out of my breaks to make up for the lost time.

There was no further discussion of my appointments, so on Monday September 17, 2018, I assumed it was acceptable for me to attend my regularly scheduled doctor’s appointment as it took place during my lunch and simply endeavoured to be back on time. This psychotherapy appointment was progressive, and I expressed feeling content with my new employment opportunity and something akin to optimism as I began to feel I was fitting into the position, becoming comfortable with the company. I was beginning to replenish my belongings and feel less homeless, and I was excited to move forward. As can be seen in people with PTSD, stress and release of stress can manifest physically, causing stomach pain and diarrhea. Though I was back to the office on time, I experienced a flare of this chronic illness and was stuck in the washroom located outside the office. I e-mailed [Ms. D] stating that my chronic illness had flared up and I was very ill in the washroom and I would be back to work as soon as it passed. [Ms. D] e-mailed me back encouraging me to go home if I felt unwell and that “It’s ok!”. This was one of the worst flares that I have had in a long time and I was experiencing severe abdominal spasms and contractions that resulted in intestinal bleeding. Given the severe nature of the flare, I decided it would be the right thing to go home. I informed [Ms. D], after approximately 45 minutes in the washroom, that it might be best if I go home and apologized. In this e-mail, I also confirmed that [Dr. B] was willing to accommodate her request, moving my appointments to 9am on Mondays so that I could work the 12-8pm shift that she suggested.

On Tuesday September 18, 2018, I entered the office and nothing appeared to be wrong. I received my [corporate name] photo ID and was very excited to be a part of the company, feeling like it was finally official. I put the ID in my ID holder on my key ring. [Ms. D] told me that she would sit me down to train on the region I would assuming responsibility for later that day and, until then, to simply process requests. Please note that this e-mail is in my [corporate name] e-mail account which I no longer have access to. The day went on and at 4pm, I was approached by [Ms. D] and told to follow her. I thought that it would be for training, as I was told earlier in the day. Instead, I was escorted out of the office and to the boardroom where I was sat down with [Ms. C], [Ms. D], and [Ms G] (Union Steward).

At this time, I was informed I was being fired. [Ms. C] stated that my termination was due to my not disclosing my illness and belief that the employment offer was not signed “in good faith”. I explained to [Ms C]and [Ms. D] that I openly identified as a person with disabilities both in my interview as well as in my paperwork that they asked me to fill out. [Ms C] stated that they were unaware of my doctor’s appointments and that this was in violation of the 35-hour work week I agreed to when I signed the employment contract. She emphasized that I did not disclose my chronic illness to them prior to signing the contract which, again, was not done “in good faith”. I went on to explain that I had discussed moving the appointments with [Ms D], that I offered to move them outside of business hours but was suggested to move them to Monday mornings at 9am so that I could work the 12-8 with no lost time for work. I explained that I assumed that this was an accommodation, had I known that it was such a burden, I would have cancelled my appointments or moved them outside of business hours. [Ms C] repeated that because she didn’t know about my appointments and chronic illness prior to signing the contract, it was not in good faith, and was cause for termination. I continued to explain that, with how fast the hiring process was from getting the offer on Friday September 7 at the end of the day to Monday September 10, that there was no way for me to rearrange these appointments without incurring a huge financial penalty. I stated I would’ve cancelled my appointment for the 17th if I knew it was such a burden, that they should’ve spoken to me about it. At this time, [Ms C] stated that my termination was final and that “it’s done”. I was informed that [Mr A] my supervisor over the summer, had cleaned out my desk and I was not permitted back into the office. I was to return my keys, ID, passwords, etc… I felt humiliated.

At this time, [Ms C] and [Ms D] left the room. I was left alone in the room with [Ms G] to ask any questions. As I was not yet paying union dues, I was told the union could not support me through this, however she felt that this decision was “fishy” and hasty in nature. She provided me with information to contact the Law Society Referral Service, employment standards, and the ministry of labour. [Ms G] provided me with a tattered cardboard box with my things inside. My [corporate name] photo ID had been removed from my personal ID holder on my key ring. I told [Ms G] that I had food and snacks in the kitchen. She told me she would retrieve them for me and meet me in the outside hallway and pass them to me through the door.

As I left the boardroom feeling hurt, humiliated, and discriminated against, [Ms C] and [Ms D] were sitting in the waiting room to bar me from re-entering the office. I felt further humiliation and went to wait in the hallway for my groceries from the kitchen. [Ms G] passed me my food and I went down to the parking lot and called myself an Uber. After a few minutes waiting outside, [Ms G] came down and offered to get me an Uber on [Ms C]’s behalf. I stated I was already waiting for Uber. I realized at this time, that I was being watched from the office windows which looked down onto the parking lot. I felt as if they could not wait to rush me off the premises, that they wanted me gone as soon as possible. I continued to feel humiliated and I felt as if I was being treated like a criminal. [Ms G] offered to pay for my Uber but I declined- at this time, I had already paid for it and I just wanted to be home to process what had just happened. [Ms G] asked if I was okay and if I needed a hug, I hugged her and got into my Uber at 4:51pm. I have not heard from or been in contact with [corporate name]  since that time.
Topic:
Disability Issues

Answer: A TLDR might help here.


Title: Texas -- basically open carry inside my own home.

Question:
Texas here. I can't find this online but isn't it perfectly ok to walk around your own house with a gun visible?
Topic:
Criminal Law

Answer:
 You really should make one large post with all the relevant information.  If I'm piecing this together properly

Your drug dealer took your wallet and bought a TV

While she was buying the TV you, admittedly under the influence of some drug, drove and crashed your car.  You didn't file a report regarding the crash because you didn't want a DUI but you are thinking of filing it now because it proves you weren't there when she bought the tv (I am really unclear on this part, I may be reading it wrong)

You two have a bad relationship but she is the only one you can buy drugs from so you keep inviting her into your house.  The last time she was there she tried to steal something else and called the police saying you were going to shoot her

You believe she did this in revenge for you reporting the theft of the credit card
Answer #2: Yes. It is your home.

Don't answer the door with it pointed at someone. That could be illegalAnswer #3: Although Texas doesn't have a specific "brandishing" law, it's covered under the [disorderly conduct](http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.42.htm#42.01) statute.

>Sec. 42.01.  DISORDERLY CONDUCT.  (a)  A person commits an offense if he intentionally or knowingly:...

>(8)  displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;

Your house isn't a public place, so I think you'd be fine. I still wouldn't be the threatening anyone with it though.


Title: How is Justin Bieber admissible to Canada???

Question: How is he allowed to go in and out of Canada like a person who hasn't been convicted of a crime???? He was charged with DUI (reduced down to careless driving), felony vandalism (reduced down to misdemeanor vandalism), and assault in Stratford, Ontario. Doesn't make sense Chris Brown gets turned away, yet Bieber can roam in and out..

Answer: My guess would be because he’s Canadian. Answer #2: Justin Bieber is Canadian, all Canadians are admissible to Canada. Chris Brown is not Canadian, therefore not admissible to Canada.


Title: [CA] Is it necessary to list a spouse in occupants of the property, when my income is sufficient?

Question:
I'm planning to rent a place in California. The property management company has a policy that all adults planning to reside in the property should submit an application that verifies their income and employment. My spouse is unemployed and has no income, at this time. We need to pay $35 for a credit check which is pointless. And she's out of state, so I need to get her to sign a form and post it to me, which is a hassle. Am I legally allowed to skip mentioning her as an occupant, in this scenario?

TL;DR Is it legal to skip applying for a credit check for an unemployed spouse?

Answer: Sure. You can skip it. You will be in violation of your lease and will get evicted if your spouse lives with you at that residence.


Title: Is this animal abuse? NY state

Question:
So I have recently moved up to an old farm to take care of my grandfather in law. His son (uncle inlaw) now runs the farm.

I have learned that the farm is 100 acres, mostly field and he keeps the sheep locked in a small barn (maybe 40x100 feet). About 50-60 sheep in there. There is no fencing and they have remained locked up in the barn for about 10 years according to the neighbors. The barn has no lighting and little to no access to sunlight.

I recently entered the barn to see the conditions and was astonished to find the barn so filled with hay and debris from the animals you couldnt stand up. Had about 3 1/2 - 4 feet of clearance. For reference this was used a dairy barn back in the days. It has about a ten foot ceiling.

Many of the animals had trouble walking and one was even laying dead in there and it.took him days to dispose of the corpse. I called the police about the corpse but the officer didn't seem to be concerned with nothing else.

He also has a llama kept isolated in a seperate barn and it's hooves are starting to curl and the hair is super matted and I'm worried it will suffer heat problems come summer and most likely feet issues due to the hooves.

He only comes for about ten minutes a day to feed and water and then leaves. When asked about the poor conditions he states "there isn't enough time in the day to fix it."

I'm not satisfied with the officers ruling in the matter. Is there other legal options and does this constitute animal abuse?

I have a short video of the sheep as well I can upload.

Answer: Take pictures and videos of everything. That is definitely animal abuse. Take everything you have to the police and it’s up to them where to go from there. All you can do is collect evidence and report. No living thing deserves to be in those conditions.


Title: Verizon removed a discount on a phone I bought and is trying to give me bill credits instead of fixing the price. Question about small claims court.

Question:
*Edit to add location.  I'm in South Dakota.

This is so long.  Sorry about that.

Back in September,  I bought a Moto Z Play through the Verizon website.  They had a promotion where you got $200 off of certain phones on the device payment plan.  I would not have bought the phone at full price,  but with the $200 off I bit with the plan to pay it off in full.

The discount came off of the price of the phone.  My original order shows the price at $208 after the discount.

Two weeks later,  the screen died.  I took it in to the local corporate store and they ended up giving me a new phone.  I went in to pay the phone off earlier this month and found the price had gone back to $408.

I chatted with a rep online who said he put the adjustment in and gave me a number to call as I guess the account owner (me) had to verbally approve the change.  It turned out to be a phone sex line.  I called back and the next rep said she added the discount,  but it turned out that she had just given me a $8 per month bill credit.

I then went back to the corporate store where a lady said she submitted the form to have someone make the change,  and I should see the adjustment within 3-5 days.  Six days later I hadn't seen the change so I went back in.  Nobody could tell me where the form was in the process and they put me on the phone with a Verizon rep who would only offer me a bill credit again.  I explained that I only wanted the price of the phone to be the same as when I ordered it.  They couldn't help me again and told me to go back in today to speak with the general manager as she could help me.

I showed up shortly after they opened and was told the manager was in a meeting.  I waited about 40 minutes when a different employee asked if he could help.  He ended up telling me that nobody at the store,  including the general manager,  had access to anyone that could fix this problem.  He could only put me on the phone with another customer service rep.

I was already frustrated but had kept my cool.  I (probably stupidly)  made a remark about there being no way to get this fixed other than small claims court.  It was more of a frustrated joke than anything,  as I was willing to wait for the manager.  That was when he told me he, nor anyone else in the store, would no longer talk to me.

So that's where I'm left.  Small claims court.  My question is,  who do I list as the defendant, Verizon as a whole or the local corporate store for. Messing up the price in the first place?  And do I just go for the $200 difference?  Can I also ask for the filing fees?  Can I ask to have the whole phone paid (or the transaction reversed) so I can turn in the phone,  cancel my account and go somewhere else?

Thank you to anyone who reads this.

Answer:
 Call this number for the better Verizon CSRs. 1 800 222 8588

(Found searching this sub for past Verizon troubles) It is their customer retention line)


Title: Home damaged in police standoff next door, any advice?

Question: So like the title says, recently my next door neighbor had a stand off with the police for over 24 hours and we were displaced from our home due to gunfire and other nonsense. We contacted our county police department and they told us that they would be sending someone out to assess the damage to our property. We had 4 windows shattered from an explosion and shrapnel went through our siding into our attic. Also a lot of our fence was torn down during all of this. Luckily none of my family was harmed during this, just a lot of emotions from having to be evacuated from our home with just the clothes on our back. Has anyone had any experience with police damage to your property? Any tips on how to deal with this? Thanks!

Answer:
 If the municipal government addresses the damages, let them.

If they don’t, file a claim with your homeowners insurance and allow them to pursue the government if they find it appropriate to do so.Answer #2: It seems like they're at least starting the process to make this right, doing an assessment.  You should do an assessment of your own.  Photograph and note any damage.   Get in touch with your insurance company and get them in the loop.

For the moment, it would seem the city is going through their own process.  But doing this will give you the tools to move forward if the city's process is too slow, or doesn't make the appropriate repairs.Answer #3: The only legal advice I have would be that you may want to bring your own homeowners insurance into this because they can advocate for you. I don't know what Saint Louis County's procedures look like and how good they are with taking care of victims. I've heard about this incident and my heart goes out to your family. That's extremely scary incident. I wish you guys the best and getting made whole as quickly as possible. I'm glad to hear everyone's okay.


Title: [FL] Friend got fired for watching an employee break company property

Question:
We all work at a restaurant and last night my friend(A) witnessed another coworker (J) punch a computer screen out of anger. (A) told management that (J) broke the computer but didn't disclose that the computer was punched. Today when (A) went to work, our general manager pulled up the video recordings from the previous night and told (A) that he was being fired for not explicitly telling management that (J) broke company property by punching it.

Is this a fireable offense or is there any legal recourse within the state of Florida.

Answer: This is fine.


Title: Professor threatening to dock off final grade points if we fail to show proof of purchase for and E-Book.

Question: I'm in college and and it's pretty expensive. Books can cost a lot, so students have found ways around buying ridiculously priced books, and that is by buying second hand books. And so, the book that the class I'm enrolled in is based off on can be found for as low as $5. However, the professor is telling us that it is unacceptable to buy anything other than the newest edition and it can only be online. To clarify, he also means that we can't buy hardcopies of the newest edition-- only the E-Book. This is presumably because publishers aren't making as much money ripping students off, as the students are choosing to buy second hand books and re-sell them. He's asking for proof of purchase of the book for grade points so I'm wondering if it's legal for him to use our grade points as collateral.

Answer:
 I would contact the dean of your department.  It's an academic issue, not a legal issueAnswer #2: IANAL, but I am a professor.

There are many authorities in a school - never stop going up the chain.  Talk to the department head first, face to face, and respectfully.  Don't get what you want?  Go to the dean of students (who may send you to another dean).  Don't get what you want?  Go to a vice-provost.  Don't get what you want?  Go to a provost.

Still not getting what you want?  Campus newspaper time.

What the professor is doing is completely unethical.Answer #3: Let me guess... he is one of the authors?Answer #4: Go up the food chain and do it quickly.  This might not be illegal as in according to the law but it very likely violates accreditation agreements, which could put your degree in jeopardy.  Requiring proof you purchased a book essentially a pay-for-grade scheme.  So long as you can do all the work you are not required to purchase it.  For example, a professor can require you to have photoshop.  They cannot ask for proof you have your own copy.Answer #5: IANAL, but if he didn't include this requirement clearly stated in the syllabus then you have a strong case against this with the ombudsman at your college. Answer #6: At my uni, there is a group of courses that require you to buy their most current, in house published, brand new text book and then verify that you have with the campus book store. If you don't, you cant pass the course. This is however made very clear in the syllabus and is ratified all the way up the chain.

Start at the syllabus and work your way up.