Title: [OR] Price Protection through CC being denied for a qualifying purchase

Question:
This is for a Chase Freedom card (NOT A DISCOVER CARD).

This is the terms for Price Protection: https://www.chase.com/card-benefits/benefit-details/freedom_vp/price_protect_v1

I was in Microcenter, saw on the shelf a really good price for a **video card** but they didn't have any in stock there. Looked online and it was listed online for the sale price and stores still had it in stock.

I buy the video card from Newegg. Right after I do that I submit all the paperwork to https://www.eclaimsline.com/ (they handle all the card insurance for my card, they are a sub division of https://www.allianzlife.com/).

I check today and see my claim is denied. I call, ask why. These are the various reasons I was given by different reps through a few different calls. Each one, I shot down.

* The first rep I speak with tries to tell me that because it's an enhancement to my computer and... (I cut her off because already, this sounds ridic).
* First rep puts me on hold and talks to someone again. Comes back and says that it's a limited life product because you upgrade them every few years so it's not covered. I tell her by that reasoning, almost everything is a limited life product. If TVs are covered, why not my video card? Given that I've had my current video card going on 5 years now, it's not THAT limited.
* Another rep tries to tell me that because it has a limited manufacturer's warranty, it's not covered by price protection. I call out that BS and explain that would exclude well, just about everything electronic then. Also, NOWHERE in the terms is that even hinted at for being a disqualifying reason.

At no point does ANYONE give me a reasonable reason that the video card isn't covered and points out the specific phrase in the price protection terms that clearly identifies a category which that video card falls under to be disqualified.

The only recourse is apparently to send a letter, in the mail, to eclaimsline's PO Box to appeal the rejection. This, to me, seems like a system specifically set up to deter people from following up with rejections on their claims. I've already emailed the CEO and a few others of Allianz about this, no response yet. I've contacted my bank and told them that after paying off my card I will be canceling my business with them (because why use a credit card where my claims can be arbitrarily rejected?). I will be contacting them again by phone tomorrow and demanding an email which clearly states the reason in the terms of the price protection which the video card is deemed disqualified for.

I will file a complaint with the BBB, FTC, and my state's attorney general. If they refuse to approve my claim I will take the matter to small claims court (when asking for compensation, do I ask only for the cost I am owed from the price protection or the cost of filing in court and all that as well?).

Anything else I should do?

Answer:
 > This, to me, seems like a system specifically set up to deter people from following up with rejections on their claims.

Yep.

> I will file a complaint with the BBB, FTC, and my state's attorney general.

Have fun. Chase probably doesn't care.

> If they refuse to approve my claim I will take the matter to small claims court

In the various different agreements you have with Chase, does one of them include you agreeing to binding arbitration for the resolution of all disputes? If so, then you probably will not be able to take this to small claims court. But you can certainly try. (You can also try using the arbitration... I suppose SOME percentage of the time the consumer has to win those.)

Sorry if none of this is reassuring. Fighting a bank isn't easy.Answer #2: A CFPB complaint will work, just be prepared for chase to try and place the blame on the benefits admin if their is any ambiguity. For that reason I'd suggest waiting until you have a letter in hand laying out the specific reason why it was denied.

Looking through the terms (https://cdn.f9client.com/api3/file/1130010/inline/VisaFreedom_V0000013_BGC10602_Eng.pdf?__gda__=exp=1497459677~acl=/api3/file/1130010/inline/VisaFreedom_V0000013_BGC10602_Eng.pdf*~hmac=1ff16df7e11b2e61438c29db9359957e57331135433068a9d1223a7f1b7c2cb4), there isn't an obvious reason a video card would be denied. I'd double check that you had the rest of the info they require exactly as they require it and try again.
Answer #3: You might try posting over in /r/churning, since that community excels at playing the CC benefits game.


Title: Owner has been jailed. Not sure what comes next. [Ohio]

Question:
This is for a few friends of mine. Thankfully I no longer work at this place.

The owner was sent to jail over tax evasion (the business is involved). He has a hearing today.

It's a small business with 3 stores in the state in a few cities. There is, as far as I know, effectively no corporate office anymore. Everyone was let go or resigned previous to this happening. The store manager at store 1 is effectively the district manager, store manager, and HR.

Recently they've been receiving debt collection calls to the store. Supposedly they transfered them to the owner and he would just hang up as soon as they came through.

Now he's in jail and it sounds like nobody knows what's going on. It looks like the stores are going to open today, but possibly only because they don't have anyone to say otherwise.

With the business being tied up in legal troubles, my former coworkers/friends are worried about paychecks. If they're working now and all of the money is frozen how will they get paid? They can't quit because that could effect unemployment. But they also don't want to work if its just going to be closing and they don't get paid.

Any suggestions on what they should do and/or information on worker's rights that might apply here? Everyone is totally in the dark. The news came out to everyone in an article in the newspaper. They had no idea.

Answer: Someone needs to contact the owner, owners family or owners lawyer. It sounds like nobody's going to ever get paid to me.


Title: Landlord locked up the house like a fortress...

Question:
Hi, my landlord locked up the house like a fortress. Blinds are closed that are never closed, the security door is locked and she is the only one with a key. I’m totally up to date with everything and was gone for a couple of weeks which she knew about. She isn’t answering her phone or returning messages. I have no warm clothes, or meds I need, along with a bunch other other necessities. Looking in the windows it totally looks abandoned. Any suggestions. I really need to get into my room.
Topic:
Landlord Tenant Housing

Answer:
 Call a locksmith. If your landlord also lives on the property, call the police for a welfare check to make sure _they're_ not in distress or dead.

If you're unable to regain access to your unit, make alternate arrangements, and keep your receipts for things like replacement medication, temporary accommodations, and the like. Your landlord is liable to you for damages due to a self-help eviction, or due to an accidental but extended lockout. Also keep records of your attempts to contact the landlord.


Title: Car towed from my own parking space.

Question:
Throwaway since this pertains to a specific situation.

As I was heading out today, I discovered that my car was towed by another resident in my apartment building. I was shocked because I have had this assigned spot for a year and a half.

After making a few calls (mostly to the towing company; the apartment management office is closed) and sending out emails, I have come to the conclusion that this situation occurred because recently my apartment management changed despite me remaining at the same building. I was under Management A for a year and a half, and midyear Management B bought out the property. We were informed via a written notice that states that the original lease is still in tact. I have been paying for a parking space since I start renting at this property and have the emails and bank records to prove so (emails saying parking spot # is mine and that it will be added to my lease, payment receipts, etc.) However, my parking spot must have not been transferred over correctly, so Management B must have sold the spot to a new resident recently. I recognize this is mostly an error on Management A. At the same time, I have been paying for a parking spot for the past few months when apparently I don't have one under this new management. I believe any extra payments in the managements eyes will remain on balance, so at least I'm not losing money, but the money still isn't going toward what it's intended to pay for. However. I am being told I need to pay $210 to get my car back. I don't have the money or time to deal with this, but unfortunately I need it to get to work tomorrow. I'll have to somehow find a ride to the towing place as well.

My question is this: who pays for the towing fee? Should I/could I seek for additional compensation? Not only do I have a unjust fee to pay, but I also have lost my parking spot. This may sound petty but a) imo it was the best spot in the parking lot and b) the lot is pretty full as is so I don't know if any other spots are left. I have yet to see my car so I am also hoping there aren't any damages.

I am ultimately hoping this can be settled privately but if I have to, I will look into a small claims court, so any advice is appreciated.

EDIT: location is IL

EDIT 2: update here with more questions: https://www.reddit.com/r/legaladvice/comments/5tw8io/update_on_towed_carquestion_about_original/

Answer:
 It sounds like your best bet is to find out who ordered the tow.

If it was management B then you need to show them your lease and ask for reimbursement because they should not have towed you from your spot. If management B mistakenly assigned the spot to another tenant they'll need to straighten it out and give one of you a new spot.

If another resident mistakenly ordered the tow it could be that they are mistaken about the assigned spot and they should reimburse you.

In other words, whoever ordered the tow is the one you should pursue for compensation. I would ask for additional compensation if you need to hire a taxi or Uber to recover your car or get to work.


Title: A 16yo fooled me into thinking she was legal, am I in trouble?

Question:
I recently met a girl claiming to be 20yo on the Plenty of Fish app, I sent her a photo, I received nothing from her in return,  now apparently her father called me saying that she is actually 16 and is threatening to inform the authorities unless I pay him $1000.00

I live in California.

What should I do?
Will I have to pay for a lawyer?

Answer: This is a scam. Ignore the "father."Answer #2: Scam


Title: (Canada, Ontario) Negative Vacation Hours

Question:
Hello,
I recently left my job at a large insurance company to follow my passion and start graduate studies. Several weeks after I had left my parents received a letter addressed to me stating I owe negative vacation pay in excess of $500.00. I have contacted the company's HR team and a representative informed me that I was disqualified from February's allotted vacation hours because I did not start on the 1st of the month (which was a Sunday), instead I started on Monday which was the second. Does this seem oddly unfair, can I challenge them on this as I worked the rest of the month? They have also marked me down for an entire week off in July which I never took. Lastly I was granted 1 bereavement day when I family member passed which has also been counted as vacation, is that one in the same? Just looking for some advice on what I can do, thank you so much in advance.
Additional info: Canadian, located in Ontario, I have all the legal documentation from my
employment offer.

Update:
Thank you everyone for the advice, I checked out the Ontario Employment board and the Ministry of Labour's page on vacation time. I was then able to get in touch with a HR rep at my previous employer and after a brief conversation and a couple emails they corrected their mistake and I am now off the hook. Once again thank you all.

Answer:
 "You don't get vacation if the month starts on a weekend" is literally one of the dumbest vacation rules I've ever heard and I've heard a lot. Whether or not that's illegal in Canada though I don't know. You should absolutely challenge the week they have you down as vacation and you worked. That should be the easiest to prove.  Did you complete a timecard? Would there be emails or some other record of the work you performed during the week?

As to bereavement leave, does your company have paid bereavement leave?Answer #2: Call Ontario Employment Standards. They enforce Ontario's employment laws and regulations.

http://www.labour.gov.on.ca/english/es/


Title: [CO] A company charged my debit card twenty times for something I should have been charged for twice.

Question:
I ordered a local produce delivery service from a small farmer co-op featured on the local news channel. I started my weekly delivery about three weeks ago, I should have received two boxes within this time but the second week the delivery guy’s car broke down and they told me it was refunded. The third box is due tomorrow. The produce box costs $25/wk. but they have been charging me $25 every day. My husband had a large amount of extra money on his last couple of paychecks because of overtime and travel pay and we haven’t spent any extra money so we haven’t been keeping on top of our bank account as much as we normally would. This week having a holiday my pay check didn’t come in at the regular time and I noticed I had way less money than I should have. Essentially I should not have paid more than $50 to this company, but over the course of almost three weeks have been charged $500.

I am currently trying to work with this company to get the full amount refunded. My issue is that I’m worried they aren’t going to refund the money to me. They said they refunded everything from this month but that the previous month’s refund is going to take a little bit of work. I asked for a receipt for the refund they did process and they didn’t respond to that email. Obviously, the refund hasn’t gone into my bank account yet.

I have never had something like this happen to me and I’m at a loss of what to do if they don’t refund my money. Fraud department at my bank? Small claims court? I’m going to give them the opportunity to correct their mistake but I’m trying to prepare for a worst case scenario.

Answer:
 Call tour credit card company and explain the situation.  They may be more effective at refunding you.Answer #2: Go into a bank branch and speak with a personal banker. They can put a reverse or a stop pay on the card for you!Answer #3: I'm going to be surprised if the company doesn't take care of it.  Small farmer's coops aren't necessarily the most organized or tech savvy of groups, so it doesn't surprise me that it might take a few days for them to essentially 'read the manual' and figure out how to deal with this.

I know it's stressful to have money missing, but a little patience may benefit you greatly.  We had a holiday and we're heading into a weekend.   It may take them a few days to get to it, but they may well STILL be faster than your bank.

The other options you mentioned are great- if they don't fix it, your bank is the next stop.  After that, it's small claims court.Answer #4: My advice is notify your bank, some banks have a 24/7 fraud line. I'd call them tonight and let them know what's going on, tell them you're working on getting the money refunded through the company etc.

It can take weeks for a bank to process refunds so you want to start the process asap.


Title: Painter Threatening to Sue

Question:
Thanks for any help in advance.

Spouse and I bought a house and hired a painter to paint the inside. The painter said it would take 5 days to complete the job and he would charge us $3,500 with $1,100 up front.  After 10 days (and not much work completed) he put the job up on Facebook (without our knowledge) and two guys showed up to "help." The next day he quits because he has to deal with his daughter that ran away and stole a car. He then said he was going to have the guys he got on FB to finish the job and to pay them the difference. We paid him an additional $900 for materials he had purchased. The other gentlemen took another two weeks and finished the majority of the rest of the work (they missed some things but oh well).

&#x200B;

Yesterday, received a call from his "office" stating we still owed him the rest of the money and we were going to be taken to court if we did not pay the remainder to him. My thoughts are he did not complete the job and quit. Am I legally responsible to pay this guy after paying the people he reached out to on Facebook? I don't have a written letter or anything stating he quit just verbal and his discussions with the new painters.

&#x200B;

Thanks

Answer:
 Wow, you're very forbearing.  I would have fired the guy as soon as he started getting "helpers" off of Facebook cause that's hella sketchy.

Anyway, you paid the painter $2000 with the initial deposit and materials.  There was a $1500 balance.  Did you give it to the Facebook guys, or did you give it to the painter to pay his "subcontractors?"


Title: [California] Rental enforcing HOA rules not in lease

Question:
Just over seven months ago, we signed a 12 month lease on an apartment. The lease does not stipulate any HOA rules, and has an extra page specifically stating that we are allowed our one dog.

Over the weekend, we had a letter placed on our doorstep that states that they're going to start enforcing HOA rules on December 1st, including no pets. Our landlord says that, since they've owned the unit, no HOA has ever been enforced. However, with the recent purchase of one unit, the new owner is pushing enforcement.

Our landlord has basically admitted that they don't know what to do, but they'll try to get the pet restriction waived. While that's the biggest part of it, another factor is simply that we didn't agree to this. They've decided we can't have an easy up cover on our patio, that we can't store our bikes on our patio (and we're also not allowed to store them in the car port, so idk where those can go), and we can't have the bbq we specifically asked our landlord for permission for before we got it. It's a lot of headache.

So, what are my options? Can I use the new rules as justification for breaking the lease? Would I be entitled to any compensation for the difficulty of moving?

We like our place, but I don't wanna deal with any strict HOA rules.

Does this sub do a pet tax? https://imgur.com/gallery/0M7gm

Answer:
 > Does this sub do a pet tax?

I didn't know what that was, but I've decided that we do.  No answers unless you post an adorable animal that you own and care for!!  So it is written, so it shall be!

Anyway, your lease is between you and your landlord.  The HOA rules are between your landlord and the board.  He's required to live up to the lease he provided you, and he's required to abide by the HOA rules.  So if fines come in, those belong to him & not you.

Realistically, he could get you evicted if you repeatedly & willfully refuse to comply and start collecting fines from the HOA because of the minor nature of the breaches (i.e. not getting to bbq or store a bike doesn't invalidate the fact that you have a place to live).  That minor nature also makes invalidating the lease by force unlikely.  But it is a good negotiating point.

> Would I be entitled to any compensation for the difficulty of moving?

Entitled, probably not.  But you can ask as part of negotiating an exit.


Title: General smell of weed in open air

Question: A video on YouTube showed a state trooper I believe detained and demanded ID from all motorcyclist in a general area because he smelled weed. If they didn’t give them up he would start inspecting all riders for safety and impound there bikes. I believe this is a 4th amendment violation big time. That’s like saying out I smell weed in a arena so I’m detaining everyone. Now if he had RAS of it on a single person then yes but to just detain everyone in parking lot area is to broad IMO.

Answer:
 This raises an interesting question: I’m in Canada. I don’t use pot myself, but it’s legal here now.

What if Canadian tourists enter the US, and their RV stinks of pot? I assume they’d probably be searched.

I believe of US customs ask if Canadians have used pot, or invested in growers,  they can be turned away at the border.Answer #2: Nope.  That a huge violation of the 4 and 5th amendment.  He can't impound all the bike because he smelled weed from some random source. Even mere detainment could be a huge civil lawsuit.


Title: Ex boyfriend says he will sue me for past abortion (FL)

Question:
This is a throw away since I have told no one besides him about the procedure.
When I was 18 I found out I was pregnant. At the time I had just broken up with my boyfriend. Long story short, he did a lot of cheating and I had some self respect. I decided immediately to get an abortion. I went and got the procedure, I was only 6 weeks so I got the pills for it. I paid for it all myself and decided to move on with my life. I made the mistake of telling him about it afterwards. At the time I probably still cared a little and decided he had a right to know. It’s been three years and I have not contacted him or even thought about him. He contacted me via facebook (no longer friends but I didn’t block him) telling me he was going to sue me for god knows what. Apparently the emotional distress in terminating his child. I didn’t respond, took a screenshot and then blocked him.
Just making sure, he has no legal grounds and this is part of those 95% of them never suing right?

Answer:
 He has no damages for which to sue. You were perfectly within your rights to undergo a legal medical procedure. Ignore him.

Edit: Ignore him, unless he gets a court of law to entertain this nonsense, in which case you must respond or lose by default.


Title: [CA] Both my parents are messed up: my mother was charged with child abuse and my brother and I were going to live with our Dad, but it turns out he's an abysmal parent.

Question:
California

I have a lot of emotions and thoughts I need to get off my chest, so I apologize.

If you click on my [profile](https://www.reddit.com/u/thatsnotkashmoney) and look at my post history, you'll see that I've talked about my mother being abusive and as a result we (little brother and I) got fostered for a while.

I thought I would be safer with my dad and he would parent us better.

I was so god damn wrong.

Keep in mind that I am a 16 year old that has had many other adults call me mature, and I've dealt with my mom's emotional and physical abuse for years so I know how to handle things.

When we returned from the foster house, my dad started to lay down some rules.

1. No riding in friends' cars
2. You can't get a license
3. We (as a family) can't afford to break anymore laws
   1. As far as I knew only my parents broke laws
4. Bedtime at 9
   1. I'm 16 for god's sake
5. 2 hours of electronics (including school work)
6. Restrictions on when I can call people on my phone (I'll go in depth later)

He also originally had blamed me and my brother for causing all these issues, and everytime I need him to spend money on me to buy something like an AP test he gives me dirty looks.

To take it further, my father is now removing my right to privacy.

1. He takes my computer and laptop at 9 every night, sometimes even earlier because he "doesn't want to wait for us"
2. He wants everything unlocked so he can see what we've done, and he's installed severe parental controls on everything
3. He secretly changed SEVERAL passwords to my accounts like my outlook, google, facebook, and this made it very hard for me to get the passwords back but I think I've got them all secured.

He argues that they're to protect me, but I don't really understand why he would be protecting me from things I've already seen, as well as constantly monitor and restrict my freedoms.

&#x200B;

When I talked to my social worker the first time, she negotiated that I should be allowed to spend time outside with friends, as well as a bedtime of 10:00 and more lenient electronic times. However, the only thing my dad has changed is the "spending time outside with friends" one, and even that he is overprotecting. For example, I had planned a volunteer thing with my friends at the food bank. He kept on arguing that he wanted to drive me there, and I finally gave in, and then he insisted that he and my brother watch a movie and wait for me to finish, and I told him 4 times that I would get my friend's parent to text him and tell him I would be going back with them. He STILL called me multiple times and asked where I was and if I needed a ride.

&#x200B;

One of the Rules (#6) states that there's restrictions on my phone usage. I can't call people from the hours of 8am to 3pm and 9pm to 7am. And every single time I have tried to contact my lawyer or social worker it seems to never go through. They're either ignoring me, or their numbers have been blocked somehow. Even if I call them its often too late. In addition, although I can call people from 7am to 8am, he often gives me my phone at the very last minute before I leave for school so I can't call anybody. We have an unlimited data plan, but he only lets me use 3.5 gigs of it and I have consequently turned off my cellular data because I don't want to risk using my data by accident at home (the wifi network is messed up because of more parental restrictions).

&#x200B;

Now that I've talked about all this shit going on, I guess the thing I have to ask is what can I do?

My social worker has given up trying to change my dad's parenting

My lawyer hasn't talked to me in over a month

My dad is adding more and more restrictions daily and making my overall mental health terrible - I'm getting anxiety attacks, which I got often when my mom was at home but they're starting again.

&#x200B;

Questions:

Do I have any right to privacy?

How do I get my dad to change his parenting?

What can I do to improve my current quality of life?

Should I continue seeing a counselor? They haven't done anything for me, and the 1 hour sessions never last over 20 minutes
Topic:
CPS and Dependency Law

Answer:
 This seems more like a family therapy thing than a legal thing. He is perfectly within his rights to parent his 16 year old. I don't thinks he realizes your maturity level. It seems to me like he is overreacting trying to protect you from the world, because he couldn't protect you before. A good family therapist might help open a dialogue about what are more realistic rules and respecting privacy.

Being 16 sucks under normal circumstances, under your extreme circumstances these restrictions are all the more grating.


Title: [Canada] Girl physically assaults and dumps beer on my boyfriend at concert then calls security on us

Question:
My partner [25 M] and I [23 F] went to a concert last night at a local venue. We were minding our own business as usual and enjoying the show. People were obviously excited, but we try to be forgiving and not be assholes to those around us (being Canadian, essentially).

Around half way during the show, this girl and her friend comes up behind us. They pushed their way through the crowd and was trying to "mosh" to a slow song -- basically being huge assholes to everyone around them.

The girl realizes that my boyfriend is the wall between her getting further to the front of the stage and starts elbowing him in the back. This proceeds for about 20 minutes. She is also muttering to her friend that she needs to get past us -- if I had heard this, I would told her to go fcking ahead.

My partner is an introverted and kind individual who usually "absorbs" shitty behaviour from other people. He only turned around to make eye contact, hoping she would stop. She did not.

The girl then leaves to go get a beer and comes back. She then proceeds to pour the beer down my boyfriend's shirt (inside, from the collar) while making eye contact with me and smiling.

I was like WTF and asked her kindly to stop. She starts whining about how people behind her pushed her, causing her to spill her beer -- which is not the case as I saw her pour beer INSIDE the back of my partner's shirt.

I said to her that I am sorry she got pushed and I am sorry her beer spilled (killing them with kindness in a Canadian manner) and asked if we could all just enjoy the show as we all paid the same amount of money to be here to celebrate this band. I turn around to enjoy the show.

Girl proceeds to pour more beer down my boyfriend's shirt and my patient, kind partner reacted defensively by trying to remove the beer can from her hand. She holds on tight and crushes the can and the beer is spilt. She then punches him in the face and chokes him by the throat (leaving visible red bruises and deep cuts from her nails). This is all witnessed by people around us.

Other patrons of this event pulls her off him and I hug my partner to protect him from this batshit crazy bitch. He is visibly shaking from being soaked, punched, and choked. I hug and hold him from behind, big-spoon style, and people around us were very nice and sympathetic.

Not even two minutes later, a pint of water is dumped on my boyfriend's head -- soaking him and everyone around him.

I immediately turn around and the girl has already ran away. Other patrons express their sympathies and gaves us napkins. Another patron says "don't worry, she's getting kicked out by security". We were like "okay cool" and went back to enjoying the show.

Ten minutes later, the security team at the venue pulls us aside and talks to us. It appears the girl has reported us fro spilling her beer and cutting her hand (???). The security team sees my boyfriend soaking wet but did not see the bruises around his neck (we didn't notice until we got home). They said that the girl's friends all claim we spilled her beer and assaulted her. I was livid because the exact opposite thing happened and the bitch cut her hand from the beer she threw on my boyfriend when he tried to defend himself. We were told that we would be banned from the venue if another altercation occurs. We were subsequently moved to the opposite side of the venue from the girl and enjoyed the show from there.

At the end of the show, we ran into some of the patrons that were beside us when the incident happened. They were all worried about us and expressed their sympathies, hoping we would never see this marvel of an individual again.

Long and behold, she was waiting for us outside the venue with her friends, ready to pick a fight. We gave her $5 for the beer as she demanded it and left the venue. Her friend thanked me under her breath for not "escalating the drama" and we were like WTF???.

I was wondering if there's any legal measures we could take to protect ourselves in cases like these. Is there anything we could do? Could we file for assault? This was an 18+ event.

We didn't check at the time, but my boyfriend is bruised and scratched up. There is a deep, bloody cut from a fingernail and deep finger shaped bruises on the neck.  She also tried to rip my purse from his shoulder, all in attempt to get us to "give up and move". Like I said previously, if I had known this was going behind me, I would have picked up and left or let them get to the front.

We are certain that it is not the first time she's done something like this nor will it be the last.

Thank you for your help, /r/legaladvice!
Topic:
Canada

Answer:
 >I was wondering if there's any legal measures we could take to protect ourselves in cases like these.

 You could have called security/the cops when she initially assaulted your  boyfriend. Or when she did it again. Or when she did it a third time.

>We gave her $5 for the beer as she demanded it and left the venue.

 The fuck?


Title: Psych Loophole

Question:
So I was watching psych, and his dad asked him where his Private Eye license is. Gus informs Henry that as a psychic detective agency, they aren't required to have one. Is this true?
Topic:
Business Law

Answer: Better suited for /r/legaladviceofftopicAnswer #2: It's fiction. They can make any rules they like for their world.


Title: Made a criminal complaint and police aren't taking me seriously and I'm being threatened and my tires slashed

Question:
I'm in Portland, Oregon.

Last weekend, I went to see a movie. As I left the theater, I realized I left my hat on the seat next to me. I ran back inside but as I got to the actual theater, I saw this young guy walking out wearing my hat. I told him that was mine and asked him if he was taking it to the lost-and-found. He told me it was his and to eff off. I called loudly for the manager and there was one right there. I told him and the guy kept saying it was his and was trying to leave. The manager kept talking to him, so I called 911. Surprisingly, a cop showed up about 2 minutes later as I guess they were driving nearby or something. They approached. The guy said the hat was his. I said it was mine and that it had my name written inside the head band, which shocked the guy. The cop looked at it and gave the hat to me. The guy started making some excuses. The cop was going to let us all go, but I insisted that the guy be charged, so I told him I wanted to file a criminal complaint for theft. The cop tried hard to talk me out of it, but I could tell that he resignedly took down my information and the guy's information and said that he would be sent something in the mail, I think. I have heard nothing from the police since. But, I have had 2 phone calls and 3 texts all from blocked numbers telling me to "stop being such a p----" and to drop the complaint. I have not returned those calls. The police don't seem to care when I called them about it and said there is nothing they could do. I woke up this morning and my tires were slashed. I called the police hours ago and I have not gotten a call or no cop has shown up here. Help. How can I make them take it seriously and get this to stop. Honestly I would not have called the cops if the guy had just given me my hat back, but he was so insistent and swore and insulted me the whole time, and I really liked that hat and it was fairly expensive (over $100) and thought he needed to learn it was wrong to steal. What can I do here?

Answer:
 Go to the police station and file a report on the tire slashing.  They're not sending out a cop because they have other things to do.

If the police don't file charges(and they don't have to, and you can't force them to) then you can sue the kid for the hat.


Title: [LA] How do I fire an attorney for non-performance?

Question:
TL;DR How do I fire my attorney mid-suit?  And if I do, how bad will it go for me?

I am a subcontractor.  I hired an attorney to get the (contractually obligated) money from a general contractor, and she has been pretty much doing nothing.  I paid her a retainer of a few thousand dollars to build the case against the contractor.  I email and ask for updates, get no response.  As far as I can tell, I'm no closer to getting my money now than I was a year and a half ago.  I understand that everyone's busy, but is a 2-line email once a month being a pest?  How do I fire my lawyer and get a new one?

What I'm afraid of is that I'll ask her to give me all of the documentation for the lawsuit and refund the portion of my retainer that she hasn't spent, and I'll be essentially out of luck.  Apparently the discovery process has moved forward, we are maintaining a lien on the project, and my employee who put all of this together for me is no longer with my company.  I'm at a loss as to what to do.

Answer:
 Dear Champerty Maintenance, Esq.: I am dissatisfied with the legal representation you have provided to me, and I am discharging you as my attorney, effective immediately.  Please do no further work upon my file, prepare an itemized accounting for your services to date, together with a refund of all unearned fees, and prepare my file to be retrieved on (date) / mailed to me at (address) / mailed to my new attorney John Barrister, Esq. at (address).  Sincerely yours,  Phriday.

and also,

Dear Louisiana State Bar Association, Attn: Disciplinary Counsel: My former attorney Champerty "Champ" Maintenance has done me wrong.  I hired him on date and paid him a fee of dollars to represent me in my lawsuit against Darth Vader.  I sent him emails on (list of dates) and called his office on (dates).  He has not answered any of my repeated requests for information.  Further, I cannot tell what, if any, work has been done to advance the lawsuit.  I have had to fire him (see enclosed copy of termination letter) but he has not returned my file to me, and has not presented me with an accounting of how he has earned the fees I have paid.  Please see if you can get him to answer my calls and provide my file to my newly-hired attorney.

Here's a link:
https://www.lsba.org/Public/Complaints.aspx

As far as the lawsuit itself goes, you will need your new attorney to get up to speed in the case (which takes some time), but that is not uncommon and frequently the lawyers on the other side will give that courtesy without even being asked.


Title: Loud Section 8 Tenants - What Can I Do??? [Ohio]

Question:
Using a throwaway b/c of potential SJW backlash.

For the past 5 years I've lived across from a home rented to section 8 individuals.  For the past 4.5 years they've been respectful, quiet, and never had a problem with them.

The local housing authority has a wonderful program where they relocate disadvantaged individuals from the inner city into nicer, former blue collar neighborhoods to "help" them which instead just ruins the neighborhood for the former residents.

That all changed lately when they apparently came to possess a powerful subwoofer.  Now I hear bass sound coming through my house every day.  They typically start late at night and it continues past 4 a.m., I can hear it thumping in my bedroom at the back of the house.

I've called the cops every single time I hear bass in my house and I've seen them banging on the door at night while the bass is thumping, they answer, turn it down, and resume 5 minutes later.

They also have a car visiting all the time thumping loud bass down the street and then it sits idle in their driveway for about an hour or more thumping.

Finally, I got fed up and used to local county auditor site to try and ascertain who the landlord was.  It's the local housing authority.  After the 4th/5th call, I told the police these are HUD/Section 8 tenants and wondered if there were rules they were violating and they told me to call HUD/local housing authority.  They told me that's up to HUD.

So today I called HUD and the lady acted so confused when I had a complaint about a tenant like I was the only person ever to call about that.  She said there are private landlords that rent and accept the Section 8 and nothing they can do, I asked the name of the landlord and she wouldn't give me it.

So I have no recourse and as a homeowner who paid over $100,000 for my home plus all the additional time and money I have sunk into it, I have less rights than section 8 renters that probably pay $50/month for a subsidized nice home?

What am I supposed to do?  Moving is out of the question.

Can I subpoena the housing authority for the landlord name and sue him?  Is suing my only realistic option for peace and quiet?  Who do I sue, the landlord or the indigent tenants and can I sue for an order to keep the noise level down and then who actually enforces that?

Answer:
 > I have less rights than section 8 renters that probably pay $50/month for a subsidized nice home?

Nope.  You've all got the same rights.  They're still people even if they're poor.

You need to keep making noise complaints.


Title: Creating Promissory Note Regarding Paying Off Girlfriend's School Loans [MD]

Question:
I'm just curious if anyone has any insight or things to consider regarding this. My girlfriend and I live together, and have both been in grad school full time the past year. She has just graduated and will soon have a full time job, I have another year of school.

I came into a windfall a few years ago and have left it mostly untouched with a brokerage firm, besides paying for grad school. As she's accruing interest and we're discussing marriage, it seems like a smart move for me to pay off her loans, and then we'll live off of her income next year. My half of rent, bills, utilities, groceries, etc. will be kept track of to "pay off" the money I'm spending on her loans, in the event we end up not getting married. Assuming we do get married, the promissory note would be replaced with a prenup of a similar nature.

It was my idea to pay off her loans (interest is insane!) and her idea to pay me back over time. Can we just write this up and have it notarized at the bank, or is this something we should see someone to write up for us? Are these contracts easily enforceable, and is there anything we should know before considering this?

Thank you, and if it matters my permanent residence is still technically in Florida while I'm in school, her's is now in Maryland.

**Edit:** While I appreciate all of the advice, much of it would be more appropriate in /r/relationships or /r/personalfinance and I feel like I didn't receive legal advice on my original questions.

Answer: This is a terrible idea.


Title: Ex-boyfriend used my debit card...

Question:
So I was with someone and ended up being arrested and went to jail for 40 days.. While in jail my (now ex) BF had my debit card and was using my bank account as his. Deposited around 7000$ in July half of which were cash or checks in my name. Two of them were in his name. Before I left for jail my account was not negative. When I got out it was negative 244 and he won't make it right because I broke up with him when I was in jail... I have made a claim with the bank but I'm waiting on that to go through so I can take the paperwork to the police dept. will this stick? Will I get my money back even though he had access to my card and bank account for months before? While in jail there was a phone call we had where he was insinuating that someone stole the debit card and that we should file something with the bank (he said it very sarcastically bc it was actually him and he just wanted to get the money back) please help he also put all of my things in a storage unit and won't tell me where or give me the key (he's in jail now for a VOP) what can I do?

Edit- asking from FL

Answer:
 Is there a reason you haven't called the police yet?Answer #2: Was it a joint account? If not, he has no right to it at all, and yes, he would be liable for the money spent while you were locked up.

You need to continue pursuing charges and speaking with your bank.


Title: A question about living with parent(s)

Question:
So, I live with my mom and her boyfriend. Her boyfriend barely lives here, has no legal way of claiming any kind of ownership of the house. I'm a legal adult. I currently have no job and don't pay rent b/c I have severe depression.

Last night, my mom's boyfriend got mad about something I forgot to do and proceeded to break open my (locked) door. He then proceeded to yell at me about various things to which I told him if he didn't like it, he should go get his gun and shoot me. He replied "I'm a crazy man, don't push me, motherfucker" multiple times. He also told me multiple times that I should kill myself when I said that I wanted to. He never once tried to actually do anything physical beyond the breaking open the door. I felt extremely threatened nonetheless having someone who's a good half foot taller than me shouting at me in my room and telling me to kill myself. I'm wondering if there's anything I can do here?

I forgot to include that I live in Virginia.

Answer:
 Are you an adult? You can move outAnswer #2: When threatened with violence, you can call the police. You should also prepare to move out ASAP though.Answer #3: You can call the police if he is threatening you.

For future reference - it does not help your case if you are encouraging him to threaten you by telling him to get his gun and shoot you. You should remove yourself from these situations rather than escalate them.


Title: Costco's Membership Agreement says they can search your backpack on exit, to what extent can they search you? What level of search can be refused?

Question:
First of all, let me make it clear, I am not just disgruntled customer. I happen to appreciate my privacy, and my rights, and I don't like them to be over-stepped.

Also, I understand that I entered into a contact with Costco, and agreed to their terms of membership, which allows them to search m on exit, to a certain degree. However, I think some associates are very aggressive in this manner, and much too invasive. More so than the TSA, which has come under plenty of criticism, so why not Costco too?

I want to take a minute to clearly understand to what extent the word "inspect" can be used to justify a search.

You could have an inspection that is from a distance, you could have an inspection up close.

So how much of an inspection is okay?

The term of the agreement I am considering reads:
"Costco reserves the right to inspect any container, backpack, briefcase, etc., upon entering or leaving the warehouse."

I hope it should be obvious that I'm not looking to make any legal case of this, that would be absurd. I'm just wondering in theory, are they crossing the line?

Most of the time when I shop there, I show the contents of my bag, if anything, or if empty, and the associate approves. However, I have ran into more than one associate who has seen my bag and wanted to open every little zipper on it. (Very small pockets, a couple inches.) I held my bag open fully to the supervisor. All of the contents were visible.

I thought this went beyond the inspection necessary.

I refused, and said if they have a problem with it, to get a manager. I pointed out that they don't even sell anything as small as those pockets.

Is it in anyway wrong of them to go into this level of detail?

Answer: [Same answers as last time](/r/legaladvice/comments/5naw8n/costco_will_inspect_your_bag_and_merchandise_on/).


Title: There is this app with which you can kill connections of all other devices in your Wi-Fi network. If I go to McDonalds Public Wi-Fi and do this things, Would it be legal? If not, which laws I could be breaking?

Question: For location bot, I'm in Los Angles.

Answer:
 Yes, of course it would be illegal.  Is this a serious question?

Harming or damaging another's property, including stopping it from working, is nearly always illegal.


Title: Would i have self defense rights?

Question: [deleted]

Answer: If you are *reasonably* afraid for your life or safety, you can use *reasonable* force to protect yourself for that situation.Answer #2: Please tell me you've called the police every time this has occurred.


Title: My friends girlfriend isn't paying her rent....

Question: So my friends was with his girlfriend for 9 years and has 2 kids with her. They recently broke up and he moved back in with his parents. Now she's spending her money on other things and he's being held responsible for her rent because he's still on the lease. The landlord won't let her sign the lease by herself because he said she doesn't make enough. He doesn't want this to go to collections but also doesn't want to put his kids out of a house when their with her. Anything he can do to get off the lease? We're on Manitoba, Canada

Answer: No, he signed the lease, he’s responsible for the rent.   It’s not the landlords problem that they broke up.


Title: Was arrested for a 3 year old possession of marijuana bench warrant last night in Michigan where weed is now legal.

Question: I (21m) was arrested and helf for 6 hours last night on a 3 year old bench warrant for possession of marijuana. I was 18 at the time and was in a very minor fender bender. When the cop came I hid my .5gs of weed in a bush about 10 ft away. The lady I hit showed the cop where it was and he put me in the back of his car. He proceeded to ask me if this was mine which I replied yes to. Then he told me he was going to have it tested and would follow up with me. I gave him my phone number and I beleive my email adress but I can not remember. He then drove away without giving me a ticket for the accident or the weed charge. Fast forward three years and I had never once received a notification leading me to beleive he was a nice cop giving a fist time offender a break. Then I got pulled over and arrested for this charge. Now mind you it is legal in michigan now and I am 21. My court date is may 2nd. What should I do?

Answer:
 You should get a lawyer.Answer #2: Even when you were cited, it was only a citation. Michigan made small quantity possession a citation similar to speeding in the 70s or 80s.

Here in Nevada, many DAs stopped prosecuting marijuana offenses as soon as the referendum was passed.

Before you get a lawyer, contact the DA’s office and see if they will just dismiss it.

Worst case is you plea no contest and get time served since you arrested. I can’t see anything more happening for a citation that you never had notice of.


Title: Wife missed two days of work, job is requiring FMLA leave of absence

Question:
Two weeks ago my wife had a TIA attack, essentially mini stroke with no major after effects. It was our day off together, so I rushed her to an EMT and got her into a hospital. She spent two days there, missing two days of work. She went back to work a day after leaving the hospital, and then went to see her doctor. The doctor gave her a note excusing her for 3 additional days, and clearing her to work after that.

Here is where things get confusing, and I am wondering if someone has had any experience with this before.

She is a salary employee, and her boss requested that she worked 6 days that week instead of 5. One of the days she missed was a Saturday (her day 6) and the Sunday right after that. Her employer is telling her that she needs to use PTO for the day she missed, even though she already put in a full week. It seems to me like that are essentially claiming as she only worked 4 days and has to pay for her 5th day off, even though she worked 5 and missed her 6th.

The week starting that Sunday is a different story. Clearly she missed 4 days of work so even as a salary employee she is going to have to use PTO for her missed days. BUT her benefits specialist is requiring that she fill out an FMLA leave of absence from work. Her work requires a doctor's note if she has missed 3 or more days in a row, which she had provided to them already.

As far as FMLA, by filling that out as a leave of absence, is she then protected from any sort of retaliation from her employer for missing work for the second week?

And for the day 6 PTO requirement, even though she had already put in a full week of work, is she legally required to do that?

We reside in Washington State, if that makes a difference. Hopefully someone might have some sort of guidance as to what to do. I am encouraging her to fill out the FMLA leave form regardless of what happens, as I believe that is going to protect her from her employer regardless of the situation. Thank you for your help everyone!

Answer:
 > filling that out as a leave of absence, is she then protected from any sort of retaliation from her employer for missing work for the second week?

Yes. They cannot fire or punish her for taking FMLA protected leave

*Without* the protection of the FMLA or a similar law, she can be fired for taking too much leave. The doctor's note requirement is company policy, it doesn't protect her by itself

> day 6 PTO requirement, even though she had already put in a full week of work, is she legally required to do that?

Is she salary exempt, or salary non-exempt? Work weeks can be defined as any consistent seven day period, is she sure her's lines up with the calendar week (Sunday-Saturday)?Answer #2: Yes absolutely submit the FMLA certification. It protects her job.


Title: Pulled over for doing something nearly impossible.

Question:
I am in the California Bay Area. So I got fucked. I was in second to slowest lane on 680(6 lane highway) , Going maybe 2-3mph over the car next to me. About 68-72 in a 65. Bike cop is on the side of the road.  cop flashes his lights, ignored as I'm being an upstanding citizen, he pulls up behind me and I move over thinking he needs to pass, follows me so I pull over.

Asks how fast I was going, I said "at a safe speed" he says I was going 90+

Writes me a ticket saying he visually estimated me going 90+

My bike is a 2001 Ninja 250, it is old and not making original power. The fastest I've gotten it to (at 2am on an empty highway) was 94 going full tuck/racing position and gunning the throttle for nearly 2 minutes. Without tucking down jt makes at about 85, which takes equally long to get to. Brand new the max speed is about 97-99 iirc. Do I even have a chance at winning, the only evidence I have is that it's difficult for my bike to get to the said speed.

I do plan on hiring a traffic lawyer as I'm 18 and insurance hikes could be absurd. I took traffic school already 13 months ago (brand new driver, got nervous at braking car, switched lanes and cut someone off. Did not fight the ticket).

Answer: Wonderful story.  Do you have a question?Answer #2: What's your legal question?


Title: [Ohio] Is it legal for police to shoot at a driver fleeing from a traffic stop?

Question: I saw two vehicles stopped with the rear one a police cruiser. As the police officer approached the vehicle moved ... and accelerated away. GUNSHOT, several more. I saw the police officer brandishing her weapon facing the rapidly shrinking profile of the vehicle. Needless to say I changed direction and left ASAP. WTF?

Answer: It is legal to use force like that if the circumstances warrant it. Because you don't actually know what the circumstances were, it is not possible to determine the legality of what you saw.


Title: (Wisconsin) Possible legal consequences for dropping out of high school after reaching the age of majority

Question: [deleted]

Answer: Nope. You're an adult, you get to make your choices. I just hope you have a good plan behind this so you don't end up like I did for several years until I managed to turn things around.


Title: If I kill myself in a gun range can the witnesses sue my family for emotional trauma

Question:
Hypothetical of course, if I were to kill myself and someone saw would they be able to sue my family?

USA

Answer:
 >No matter what problems you are dealing with, we want to help you find a reason to keep living. By calling 1-800-273-TALK (8255) you’ll be connected to a skilled, trained counselor at a crisis center in your area, anytime 24/7.

>http://www.healthyplace.com/suicide/suicide-hotline-what-happens-when-you-call/Answer #2: Please reach out for help.  Suicide is a permanent solution to temporary problems.

/r/SuicideWatch

1-800-273-8255


Title: Dentist burned my lip and now there’s a scar that’s deformed my natural mouth structure

Question:
The corner of my mouth now has a pinch to it, and a large scar bump sticking out...can I sue them?
Topic:
Personal Injury

Answer:
 Malpractice is beyond the scope of this sub. Certainly you should seek medical care to ensure the appropriate treatment.

Whether there is a claim here, either for the medical care or for other damages will depend on how the injury occurred and whether it was an ordinary risk of the procedure or through some error by the dentist. And to some extent the long term recovery and effect of the injury.

You might seek a consultation with an attorney.


Title: Does contract fine print supersede a designated representatives written assurances?

Question:
Recently bought a new car from the same dealership I leased my previous one. When I bought the new car ( not financed) I asked if I still qualified for turning in my lease early at no cost. Salesman assured me that I was still qualified. A week after buying the car I again asked, by email, if I was still ok turning in the car early. Salesman said he thought I was still fine but would double check. An additional week later ( 2 weeks post purchase of new car) I bring my old lease to turn in, salesman says I’m still good, I sign all the paperwork and go on my way. Now last week I get a letter from the dealer financing saying that since I didn’t finance any of the new car with them I owe the last months of my lease+turn in fee.

I have an email from a week after my purchase of the new car specifically asking if I’m ok to turn the car in and my salesman saying I’m still good and that they would even double check ( they didn’t). The general manager for the dealership is now saying that it’s my fault for not reading the fine print despite my salesman’s assurances to me both verbal and in writing and that all the costs fall on me.

So the question is, do the salesman reassurances to me, both verbally and in writing, which I in turn used as the determination for turning my lease early, possibly entitle me to some recompense in small claims?
I erroneously believed that buying a car from the dealership still entitled me to the early turn in program and my salesman repeatedly encouraged that belief. And I made financial decisions based on that assurance. Do I have potential success in a small claims case or am I really SOL because I didn’t read the fine print even if the salesman was telling me otherwise?

Answer: The fine print probably governs.  In fact, the fine print probably says something to the effect of the terms can only be changed in writing signed by authorized parties (which the salesman is likely not).  In fact, the salesman told you he would double check, indicating he really wasn't sure, or had to ask someone else for that authority.


Title: [CA] Neighbor is threatening us with legal action due to our dog

Question:
Hi legal advice, sorry for the long post:

At the beginning of September, I moved in with my girlfriend and brought my dog. She owns her half of a half plex. We installed a doggie door, so that he could be outside or inside during the day. Apparently he did some barking, which led to a nasty note from the neighbor.

To be a good neighbor, I offered to chat with him and provided my phone number. This led to him calling and yelling at me for about 5 minutes. After the call, my girlfriend and I decided that the dog would not be allow d outside during the day. He gets a long walk before work, and when I get home. And he’s only allowed to be in the backyard while we’re here.

After the first note, I reached out to the city to learn about their processes with dog barking complaints and I explained the situation. Per the city, a dog barking for extended periods outside can be a nuisance. However, that isn’t the case, according to them, if the dog is inside.

My girlfriend’s father helped us out about 2 weeks ago, using his leaf blower in the front yard, causing the dog to bark. This led to another nasty note, and me receiving a voicemail stating that “things will get ugly between us” if the situation doesn’t change. (I’ve saved this voicemail.)

As a courtesy, we drafted a letter to the neighbor, explaining all of the steps that we are taking to work on any barking that might occur(extra morning exercise, music to help block noise, etc.), and the information that I received from the city.

This led to another letter, claiming that our steps are insufficient, and that he has yet to contact the city, but is interested in going to court because he feels it is a nuisance.

I have contacted the city again, because I wish to be proactive, and I’ll be speaking with one of the animal control specialists soon, to hopefully gain some clarity and insight.

I have reviewed city noise regulations, and they only cover sound between 10:00pm and 7:00am. And there are not any regulations that cover dogs barking inside of a house. This neighbor is an elderly man, at least mid-80’s and is home all day, while we’re at work.

I’m going to pick up some insulating foam sheets, to try to prevent the dog from being near the shared wall during the day(extra courtesy).

At this point, im doing everything in my power to make sure my dog barks as little as possible during the day, but it’s not a perfect world.

Any advice would be much appreciated! Thank you.

Answer:
 People threaten things all the time. Suing you because your dog is a dog is one of the stupider threats I've seen.

Regardless, he's threatened you legally. That means it is time to cut off contact. If served contact your own counsel and respond. I seriously doubt you will be.Answer #2: If you're dog is barking all day while he's at home alone, he might have anxiety. Work with a dog trainer on how to help your dog feel relaxed and safe even when alone.

Unfortunately some neighbors have nothing to do other than complain. Continue being polite and documenting all his complaints.Answer #3: In terms of helping the dog, record when he's home alone to make sure he isn't barking a lot.  If he is, you should probably work with a dog trainer on that.

If he isn't your neighbor is being a dick.  That happens.  He has no legal leg to stand on.  You really have gone above & beyond what's required.

Ignore the neighbor.

In the unlikely case that he actually sues, do respond.  Otherwise, do not interact.


Title: Russia > Germany, will civil union give me the right to stay?

Question:
I am Russian, and have lived in Europe as a student for four years. My girlfriend and I have been in a committed relationship for a little under two years now, but long-distance because I study in France and she studies in Germany. After we both finish our studies this year, I want to move to Germany to live with her. I've been learning the language in my free time, and I'm excited to finally live together. Unfortunately, same sex marriage isn't legal there (hopefully will be soon!?). So I am wondering whether registered civil union will allow me to stay and work in Germany legally for now.

I've been researching it for a while now but I can't find any information that would make me certain

Answer:
 Thanks for paging me u/Zanctmao I'm not that familiar with German law regarding immigration specifically but since Germany is part of the EU I know the bare basics and went from there (luckily I can read German)

so u/germangirlfriend based on what I could find there is an option to become a german citizen and to stay in Germany when you are in a civil union. That is at least what several sources tell me [this is an english source for expats](http://www.expatica.com/de/family-essentials/Getting-married-in-Germany_100926.html) and then there is [this German source page 42](http://www.bundesregierung.de/Content/DE/Publikation/IB/wege-zur-einbuergerung.pdf?__blob=publicationFile&v=9) that seems to confirm it for me.

However when you want to start living with your girlfriend in germany and start a "lebenspartnerschaft" you probably want to talk to a German immigration attorney to make sure that you follow the proces correctly and jump through the right hoops, in that way you could become a German citizen within a couple of year.


Title: Placed on 24 hour shift under National Minimum Wage (UK)

Question:
A friend of mine works in a care home for young adults with severe learning difficulties. These people need 24-hour care.

She is paid approximately £7 per hour. She has today been placed on a rota for the following shifts:

14:15 - 21:45 followed by 21:45 - 07:15 followed by 07:15 - 14.45

She is concerned about working over 24 hours in a row (the overnight shift 21:45 to 07:15 is a shift where she is in the workplace allowed to sleep, but can be woken at any time to help the patients).

She is concerned that this will have a negative impact on her own health (if she is woken, she will get no sleep) and also on the quality of care that she can give to the patients.

Furthermore, for the overnight shift (21:45 to 07:15) she is paid a lump sum of £30 which is £3.15 an hour - she is entitled to a National Minimum Wage of £5.55 per hour.

Exactly which laws and regulations are being breached here so that she can effectively raise the issue to her boss?

Answer: r/legaladviceuk


Title: Girl I was dating got

Question:
My university has a book exchange group where people buy and sell textbooks (and ebooks). Being in my 4th year of university, I had built up quite a collection from buying these books. This year, I started dating someone and I decided to share with her all of the ebooks I made, and she decided to sell them. But for this whole past year where she's been selling the books, she was using my address as the e-transfer destination (we would go on dates with that money). I'm talking about reaching the $1000-1100 mark.

So now, the problem; fast forward to last week, we have an ugly break up. And to make matters worse, she gets an email by the publishers stating she is under investigation for piracy. She gave me a call explaining that, and stating how in the email it says a police report had been submitted on her. She thought I had a role in doing this so she told me "if I go down, I bring you down with me". Now I'm a little uneasy...  My question is: because she was the one to sell the material but I was the one directly getting the e-transfers, how much (legally) am I involved in this? I didn't get an email at all from this. And how should I proceed?

Answer: You sound like a co conspirator. Get your own lawyer when you get a summons.


Title: How would I pursue a license for marijuana for my depression in Ohio?

Question:
Topic:
Medicine and Malpractice

Answer:
 The short is: you can't.

The long answer is: Currently depression is not a qualifying medical condition to be prescribed marijuana.  You would have to petition the medical board to add your condition to the list.  Currently there isn't a process in place because the article nature program is still being rolled out.  [This](http://www.medicalmarijuana.ohio.gov/patients-caregivers) is a good jumping off point to start your education on the topic in your state if you're interested.

The helpful answer is: you need to have a conversation with your health professional to work out a treatment plan that works for you.

As someone who was diagnosed with depression and smoked pot I can tell you that it's not a panacea.  Hell, I think it was worse on marijuana for me.  I have absolutely nothing against recreational marijuana use (in fact, I'm all for it) but it's not a panacea for whatever ails you.  Depression is a very real disease and if you hope to treat it is something you should have professional help with.  Depression is also a complicated disease, and every treatment plan doesn't work for everyone.  This is very much something you want a professional to help with.  And while there is some promising research into treating depression with marijuana, it's still very new.  And again, it's also something you will want overseen by a medical professional.

Good luck.


Title: My wealthy father has dementia, and I need help declaring him mentally incompetent. (CA, US)

Question: My father has been diagnosed with dementia by a licensed neurologist. Another doctor he frequents made a point of pulling me aside to inform me that my dad is having severe memory issues, and that she would help me declare him mentally incompetent. He has progressed to the point where my extended family (my mother, to whom my father is married), my two brothers, myself, and my father's sisters) all recognize that the disease is getting to be advanced.  My father is no longer capable of making smart financial decisions. He has repeatedly made spur of the moment attempts to buy houses for people he's just met, donate tens of thousands to charities after hearing about them for 30 seconds, etc etc. Today he almost gave away his/my mom's entire fortune to fund a low budget movie after hearing about it through craigslist. My father keeps having narrow run ins with people who are trying to swindle him out of millions of dollars.  I should add that this behavior is by no means how he behaved before being diagnosed (say, 5 years ago at least).  I am worried for both my father's and mother's financial security, and I could really use help on this. My father refuses to believe/is unaware that he has dementia. He is a very stubborn man, and so the process by which my mother and I declare him financially incompetent may not include his voluntary participation.  My mother is completely on board with declaring mentally incompetent, but she is afraid of my father and doesn't know where to begin.  Any advice helps, thank you :(

Answer:
 A team up with your father's doctor and lawyer is going to be needed as you may briefly have to go to court. The biggest thing is going to be the family agreeing on who will be your father's financial/legal and medical Power of Attorney. First choice would obviously be your mother, but if she doesn't want to do it then one of your siblings or you could. The financial/legal POA doesn't have to be the same person as the medical POA if you really want to split up the responsibilities.

Does your father have a will? With the dementia diagnosis it's going to be very difficult to create or update a will (POA's cannot change wills for the people they're guardians of) so if your father has a will you should set it aside now in the event you need it in a few years. Make that clear to your family as well so people know that whoever the financial/legal POA is can't manipulate your father into signing something he ordinarily wouldn't.Answer #2: Ask the neurologist or the neurologist's staff.  Answer #3: There is no "declaring mentally incompetent" in California.  You need to look into a conservatorship.  This will require a lawyer.


Title: Update 5: (Miami,Florida) My husbands former employee is harassing me on Facebook and Instagram.

Question:
I managed to get a temporary restraining order. I should get a real one in the new year after the holidays.

However now she just has friends of hers following me around and taking pictures of me so she can post them on her blog. She has one of me at the beach, she's going on and on about how terrible she thinks I look without makeup and how could any company hire me to model.

Her blog has actually been great publicity for me.

Answer:
 >However now she just has friends of hers following me around and taking pictures of me so she can post them on her blog.

I know others would know better than I do, but wouldn't this still be a violation of the RO because they're acting on her behalf?Answer #2: It doesn't matter if she has her friends do it on her behalf. Ask your lawyer if your TRO includes third party contact, which this is. It should definitely be included.

They cannot successfully argue that they didn't know you were there when they took pictures of you.

PS:

For all you lazy fucks:

[1. Post](https://np.reddit.com/r/legaladvice/comments/3ttfqb/miami_florida_my_husbands_former_employee_is/)

[2. Post](https://np.reddit.com/r/legaladvice/comments/3u2jnj/update_miami_florida_my_husbands_former_employee/)

[3. Post](https://np.reddit.com/r/legaladvice/comments/3uvxnr/update_2_miamiflorida_my_husbands_former_employee/)

[4. Post](https://np.reddit.com/r/legaladvice/comments/3vazhb/update_3_miamiflorida_my_husbands_former_employee/)

[5. Post](https://np.reddit.com/r/legaladvice/comments/3vo8cc/hopfully_the_final_update_miamiflorida_my/)Answer #3: Is someone still allowed to run a hate-blog when that person has a restraining order against them?Answer #4: I know it's wrong but I really want to see this crazy lady's blog. Answer #5: Make sure the restraining order specifies that contact by 3rd parties is restricted too. Maybe you can see about getting specific language about not posting your image, but that might not fly.Answer #6: You should send her a cease and desist letter and threaten legal action. If criminal charges and a restraining order won't get her to back down maybe going after her bank account will.


Title: Ex-girlfriend filed ex-parte domestic PPO against me, not sure what to do (Michigan)

Question:
Hi everyone.  A few weeks ago I did contact her asking to get back with her. I was in a rough spot and I called her several times and sent several messages. The last time I spoke to her was last week when I asked her for roughly $200 that she had owed me back when we were in a relationship. During this last conversation I affirmed that I had no interest in a relationship with her or any contact with her after she gave me back the money she owed me.

Today I was served with papers stating that my ex-girlfriend had filed a PPO against me.

What gets me though is that the PPO states that the judge has determined that I am a PHYSICAL THREAT TO HER SAFETY. My ex has a history of lying and it wouldn't surprise me if she lied to this judge.  I never threatened her, I was never violent towards her, and I haven't done anything to her. and I never threatened her. I don't want this on my record.

Answer: [Defending Against a Personal Protection Order](https://michiganlegalhelp.org/self-help-tools/personal-safety/defending-against-personal-protection-order)


Title: [Texas]Can we get charged with anything if a wild animal bites someone on our property?

Question:
We have lots of wild animals around here, Bobcats, foxes, large Coyotes. Some of my neighbors are dumb asses and go walking around late at night.

One neighbors claims that one night(around 1am) she was taking a walk and stopped in my driveway to check her phone and a coyote(they are freakishly large around, they've taken down horses and cows before) ran past and "almost nipped" her. She says if one bites her on our property she would sue. Could or would we be charged with anything? My husband and I can't patrol this place 24/7.

Answer: Not sure how liable you would be when it comes to wild animals but while dealing with a dumb ass neighbor like that it wouldn't hurt to put up a no trespassing sign. Clarify you don't want them on your land especially if they apparently feel at risk.Answer #2: Not unless you are doing something to make the animals show up, like spreading meat or baits around your yard.


Title: (Ca) Broke my leg on my day off last week. Employer fired me because it would be a 'hardship' for the company to have me out that long.

Question:
There are less than 15 employees there. I've been working there for over 2 years and kept my nose clean.

I'll be out for 6 weeks and then would have been on light duty for 3 months.

My boss said he can't get a temp to care about the company and he can't have me out of work for so long.

Is this legal to do in California?

Answer: Yes it's legal. They are too small to be covered by FMLA or CFRA. When you can return to work, ask for your old job back. If they won't take you back, file for unemployment and look for a new job.


Title: Mechanic wont refund my deposit or repair my car. What can I do?

Question:
I went to get my windshield replaced at an auto repair shop. The owner said he can do it for $200 and took a $100 deposit to order the windshield. I was told to come back in a few hours, but when I did, he said it wasn't ready. It's now been two weeks and everyday I ask to come in, he tells me his mechanics are busy and I have to come back later. I've showed up a few times in person to try to get my windshield replaced. I checked Yelp, and it turns out he does this frequently. I should have yelped first before I drove in to that shop.

What can I do at this point? I already asked for a refund which he refused, saying the part is ordered and he will install it, but he just keeps avoiding me and pushing me away.

Location: New York

Answer:
 Do you have any kind of contract stating the $100 as a nonrefundable deposit?

If yes, then I'd say just cut your losses.

If no, then sue him in small claims. I can't speak to how a judge would rule but I imagine a business refusing to refund a deposit for work that wasn't completed, even within a reasonable timeframe, would be pretty straightforward.


Title: Browsing a well known adult website and an fbi pop up accused me of viewing child/rape pornography, which I wasnt.

Question: So I was browsing a well known adult website, and a "confirm reload" popped up on my phone. I brushed it off but I can't help but wonder if this was serious. I was on my android phone. It had a link to the fbi home page and seemed pretty legit. It didn't seem like the usually pop ups on websites like this. It was saying I was looking at unlawful pornography, with examples being rape and child pornography. I wasn't looking at either, I was actually on a video from the websites home page. Just wondering if this has any weight to it. As far as I know they wouldn't put a pop up like that, they would either kick my door down or send a letter, right? I am in America.

Answer: That's been around for awhile. Just a trojan virus/scam.


Title: [EU - SE&DE] denied Swedish maternity benefits - living abroad from country of employment

Question:
Hi! We would love to hear any advice on a tricky issue.

My wife and I were both working in Germany for some years, and she got pregnant. Then I got a job in Sweden, and I moved country two months before she was due to give birth. She started her long term maternity leave from her German employer and followed me to Sweden 6 weeks before she gave birth. Then she gave birth, all good so far.

We asked the German government if they would pay her maternity leave while she lives with me in Sweden - they said no, not if the baby doesn't live in Germany. We asked the Swedish government, they said no, not if she's never been employed in Sweden. So we wrote to the EU, as we understood under EU law she's entitled to claim maternity benefits somewhere, and they gave a "perspective" (but not a ruling) that Sweden should pay.

We then did a very lengthy application in Sweden but it got denied anyway on the basis she's missing some type of "bosattningsbaserade" insurance, which we are not sure what that even is. We have gotten her into the system all the normal ways and everything is totally transparent and above board.

Basically we are planning to appeal, but don't know what lies ahead, whether we will win any judgement at all, whether we need to escalate to the EU, whether the Swedish government will drag its feet and take 8 years to pay.

Has anyone encountered a situation where a new mother is employed in country A but lives in country B, and how did they resolve that?

Answer:
 Upvote so hopefully someone who has some info will see it. But unfortunately this is a sub focused mainly on US/Canadian laws.

I only know that to receive benefits in Germany you will need to maintain a residence in Germany and have had worked for a certain amount of time in Germany.

Try contacting friends in Sweden. Maybe some “mom friends” will know how to help/what to do.


Title: Why did I get asked for ID to buy cough syrup at Walgreens?

Question:
I bought some other things but once the lady rung the cough syrup she asked if I had ID I said no but then she asked how old I was... its not like I'm trying to buy beer why would you get ID'd for cough syrup? Did I do something illegal trying to buy it if I had no ID?

Georgia is the location

Answer:
 It's not used to make meth.

It's got dextromethorphan hydrobromide in it, if I've spelled that correctly.  People use it to get high.  It's abbreviated as DXM and it's had a history as a recreational drug since at least the 1990s.  It's a terrible way to get high, and usually people don't do it unless they have a lack of better options.  It's got a reputation as something bored teenagers do.Answer #2: >Did I do something illegal trying to buy it if I had no ID?

Not at all.  If you go to the liquor store and try to buy a 6 pack, the owner ID's you and you forgot your ID, you didn't do anything wrong by trying to buy the beer.  The same applies here, as long as your old enough to possess the cough syrup you're in the clear.  If the clerk sold it to you without ID and it was required, they could be in trouble.


Title: (CA) I think a police officer is stalking me. Possibly investigating me?

Question:
About 4 weeks ago i noticed the motion lights on the gate, at the end of driveway, turning on and off. It happens occasionally. Over several days I noticed them turning on and off a lot. I thought it might be a problem with the sensors and took a look. I happened to notice tire tracks off the road, on the shoulder. It looked like a vehicle had pulled into the same spot several times. I also noticed that the tire tracks were the same, so not different vehicles.

I thought is was probably just kids smoking weed or drinking. My house is located in a rural area at the end of a 4 mile long road. I only have a few neighbors, the closest one is about 3/4 of a mile away.

I took a look at the security camera footage to make sure. I have 2 cameras at the gate and several more throughout the property. It shows a car pulling up, and then leaving the view of the cameras, where it presumably parks on the shoulder of the road. I fast forwarded through the footage to see if there was anything else. One night, after the same car arrived, somebody walked in front of the camera and I recognized him.

6 weeks ago I spoke at a city council meeting in the town where my company is located. My remarks where not very favorable toward the city council.  I was given 5 minutes. With about 2 minutes of allotted time left a frustrated councilman waved to an officer to remove me from the podium. By that time the officer got to the podium, with cuffs in hand, I had wrapped up my remarks. I told him his job is protect and serve the community and not to do the bidding of the city council. Several people clapped and the officer allowed me to step away from the podium.

When the meeting was over the officer followed me to the parking lot and blocked my car in with his cruiser. I got out of my car with a camera and told him to move his car. He just sat there looking me in the eye, i guess trying to intimidate me. He eventually left.

This officer works in the city where my company located. I live more than 40 miles away in a town with its own police force. I think this guy is stalking me.

What should I do?

Answer:
 Keep recording, document everything. Get more shots of him on camera and take it to your local police.Answer #2: wait you skipped a dramatic payoff in your post. you recognized the guy on the CCTV. **was it** the cop?

if yes, then report him to his boss. that's easy. he's wilin. Answer #3: You could file a complaint with his precinct if you feel the need.


Title: (x-post from r/advice) SeriousMy aunt got kidnapped in India 6 days ago. I just found out today. I don't know what to do, and feeling hopeless. Help?

Question:
Edit: I live in Florida, USA.

**Some background:**

My aunt [27] is an Uzbek citizen, and has been working in India on and off for past 8-9 years.

Masha - acquaintance of my aunt. Friends with Shahnoza. Known less than a year. Uzbek.

Shahnoza - friend of my aunt. Owed my aunt around $10k USD. Known less than a year. Uzbek.

Driver - aunt would call him to drive her around. They've known each other for few years.

Two men that were there: One is Afghan, another is Indian. Boyfriends of Shahnoza and Masha.

I'm [21] an American citizen, and live here in US with my parents.

**From what we know so far:**

This happened on 24th September, around 10pm local time.

My aunt had around $4k USD on her that her boyfriend sent.

My aunt was getting ready for a birthday party to attend, so she went shopping during the day. Then she wanted to go to the hair salon and get her hair done, but Shahnoza called her and told her to meet by the bank so she could give her the money.

My aunt was on the phone with my grandmother, and last thing she said was that she is going inside and she will call her back after she picks up the money. She never did.

My grandmother assumed it was connectivity issue since it is a very common problem in India.

**Driver's statements:**

My grandmother called some friends there and told them that she is worried and she hasn't heard from my aunt. They called around, spoke with the driver, and the driver gave the following story to them:

*My aunt came out of the bank to meet the girl. Fight ensued, they forcefully pushed her into the car and drove away. Driver tried to race them but got left behind when a truck blocked the way (sounds like something out of a Bollywood movie, I don't believe it). Shahnoza, Masha, and two men were the ones that kidnapped her*

His official statement to the police next morning was that my aunt willingly went into a car, with no fight, he didn't know the people, and the Shahnoza and Masha were not there.

**Bank Cameras and Witness statements:**

No witnesses (even though there were people on the street). Bank cameras overlooking the street saw the car, but plates were not visible. We haven't been told who was there, and what happened. We will find out today.

**Shahnoza**

Yesterday she contacted my grandmother over whatsapp and asked her for the passport picture so she could help look and give it to the police. We're pretty sure she knows that the police is already contacted and that there is no need for her to contact them, plus she doesn't need a passport, a normal picture would suffice.

The consensus is that the friend is definitely involved.

**What we have done so far:**

The Uzbek embassy and the Indian embassy have been contacted by my parents. The police was also called in India.

My mom, my other aunt, and my grandmother are flying to India in next few days to help look. They're waiting on visas.

The police also told my family that they will have a warrant in next 12-16 hours to view the text messages, call history, and pull the last location of the phone.

--------------------------

I realize that my aunt did not make the best decisions, but she is just very trusting. And what happened has happened, I rather she not get judged for her decisions, we already know she messed up.

I'm so lost. I'm very close to my aunt, and with the reputation of scummy Uzbeks and corrupt Indians I'm fearing the worst.

What can I do? I'm willing to do anything to help bring my aunt safely home.

Answer:
 >What can I do?

Nothing. The Uzbek Embassy will coordinate with the local police to find your aunt.


Title: Elderly Neighbor car sale gone bad

Question: I am going to simplify this as much as possible to keep the story readable. I live in North Carolina, over a year ago I made a deal with my 50 something year old neighbor to buy his car. It has no license plate, key, or title- I agreed to pay him $500. The car was towed to my driveway where it still sits today. I have not paid him for the car because he can not produce a title. He refuses to get a new title from the DMV because he thinks that it 'my responsibility' because I 'own the car' now, which I legally do not. I desperately need this car gone, it is a massive headache and I do not know what to do anymore. Should I file an abandonment claim on the car? Should I push the car in their driveway? Should I call the police to mediate the situation?

Answer:
 NAL

For salvage, junk or abandoned vehicles:  https://www.ncdot.gov/dmv/vehicle/title/salvaged/#inpagenav_2

Looks like they want you to call.

I'd let the neighbor know you're no longer interested in the vehicle and to come get it.  Without a title, the sale was likely never completed.

If they refuse the DMV likely has a process for declaring it abandoned which would then allow you to junk it and likely keep the $$$ for recycling it.Answer #2: Since he says you own it, try calling a scrap yard, they will usually send someone over with a truck and pay you for the car.


Title: [MO/KY] How do I figure out how to make child support payments to my ex-wife without it "not counting"?

Question:
The divorce between my ex-wife and I was final in May of this year. It was an amicable divorce. We did not go to court, as we agreed to the terms rather easily between one another. Among this, I agreed to pay her $300 bi-weekly in child support - which I have done faithfully. We have never disputed about it.

Today, I happened upon [this comment](https://np.reddit.com/r/AskReddit/comments/6kz06c/divorce_lawyers_of_reddit_whats_the_worst_way/djpzupv/). It shook me up quite a bit, as I was completely unaware that there was any particular way or anyone I had to go through in order to pay child support. Because we have been on amicable terms, and because she still had a debit card for what used to be our joint bank account before it was awarded to me, I let my ex use the card to debit the account for the amount I owed her for the first few months, as that was convenient for both of us and she consistently only took what she was allowed. With her card now expired and our finances completely separated, it was my intent to write her checks from here on out.

I need to know what I actually need to do to pay her child support and, if I *do* need to talk to a lawyer, if I need one in Missouri or Kentucky (I am in Missouri, she is in Kentucky, the divorce was filed and granted in Kentucky). I tried Googling the information, but Google was utterly confusing and unhelpful. I would really like to avoid being in this guy's shoes come tax time. I know nothing about child support payments and nobody ever told me anything during the divorce process.

Answer:
 > Today, I happened upon this comment.

This is for **court ordered** child support. If yours is not court ordered, then you should be fine. If you pay by check, keep copies of them (from the bank as cleared, if possible) to prevent any disputes in the future.


Title: Broke up with my girlfriend her house his filled with my stuff, How long do I have to hold it? I live in PA

Question: She didn't live with me but she has a large amount of stuff in my home. After I broke up with her she stopped responding to me I want to know how I can legally get rid of/sell her stuff if she won't come and claim it.

Answer:
 Send a certified letter stating she needs to claim her property in 30days or it will be considered abandoned and disposed of. As long as it was delivered to her then after 30days, make it 30+a weekend to be safe, then dispose of it if she has not contacted you.

Just found this...
http://www.zawarskilaw.com/2012/11/26/pennsylvania-landlord-tenant-laws-regarding-abandoned-property/

So 30days after she gets the letter seems to be a safe number per PA law.


Title: [Las Vegas, NV] My husband had a seizure due to negligence of a medical professional.

Question:
To start off, neither my husband or myself has ever sued anyone, and we have no real desire to, however, because of what I believe to be a breach of policy, or an act of negligent behavior, my husband and I now have around 8 grand in hospital bills from him having a seizure.

My husband went to get his blood drawn for a physical.

He is an incredibly healthy late 20's male, who has a sentitivity to needles, he has incredibly high chances of Vegaling or passing out whenever he goves blood, and he always warns his nurse or whomever is doing the draw, amd very rarely do they take the appropriote precautions.

This time, he warns them, they laugh amd tell him to suck it up amd proceed to do the blood draw.

They then imediately ask him to stand up and leave, wherein he says he needs a moment, but they seem rushed so he gets up. Where he then passes out.

He makes it easily to the floor and there is no injury.

Once he seems to have kinda come around, they immediately stand him up again.

And this is where I believe there is a definite issue, because anyone who has ever taken first aid knows to elevate the legs above the head, and to wait until the patient feels well enough to stand.

Instead of this basic first aid, they stand him up, despite his protests, where he again faints, hits his head, and has a seizure. The first one of his life.

They call the ambulance, it comes to get him, i am called, i find him in the emergency room, hooked up to machines, vomiting and practically incoherant.

The doctor said that the only reason he had a seizure was because he didnt have enough blood getting to his head.

Because the employees of the blood testing center stood him up too quickly, and, in my opinion, DID NOT FOLLOW PROTOCOL.

I have talked with the head of cutomer relations and human resources, and they said they would see what they could do about the bills, however this happened months ago, and I still have to pester them to get any responses.

My questions are,

Should I hire a lawyer?

Is this something that we should sue about?

Are we overreacting?

I appreciate anyone who took the time to read this, I have been trying to deal with these people on my own for a while now and dont seem to be getting anywhere.

While we dont necessarily live paycheck to pay check, we are trying to build our savings, and had only been married for a few days before this happened!!!! We cant afford this bill, and are desperate for any advice!!!

Answer: Call a lawyer obviously, but basically every assumption you made about medical facts is wrong in your post. Don't take my word for it, get a free consultation.


Title: [Texas] Is oilfield gate guard work contract labor?

Question: I work as a gate guard for a oilfield. My employer pays me $100 a day and I stay there for about 3 days at a time without leaving before the next worker comes to the post. I was wondering if this could be slave labor since I don't get paid overtime.

Answer: Slave labor?  Seriously?  No.  They don't own you as property, and you're free to quit any time.  You might be misclassified as an independent contractor, and you might be improperly classified as exempt, but you haven't provided enough detail for anyone to say with any certainty.


Title: Why is rape treated so much worse than murder in our legal systems?

Question: [removed]

Answer:
 It ... isn't?

What is the basis for your question? The penalties both available and applied for murder in most legal system are much more severe than rape.

Which legal systems are you referring to where rape is treated worse?Answer #2: I don't really think it is, but whatever you're thinking of, maybe it's because killing someone can be justified. Plenty of the time it's legal, and even when it's not legal we still might lighten the murderers sentence based on their motives (like voluntary manslaughter). Most murderers have a reason for their crime other than personal gratification, a reason that most people will understand even if we don't like accept it.

There is no situation where forcing someone to have sex with you is justified, not in the same way killing can be. Rapists rape for personal gratification.

If you instead compare serial killers (who do it for personal gratification and usually choose their victims based on ease of access rather than any sense of justice) to rapists, I think you'd find they're vilified pretty equally.


Title: Being sexually harassed by a client in my workplace and the workplace isn't doing anything. What do I do? [PA]

Question:
I work with clients that have sustained brain injuries. My workplace follows a procedure, more of a claim, of establishing a client as "medically stable" before trying behavioral modification. We have a client that has broken an employee's wrist, blocked staff from leaving his room, routinely, and with increasing frequency, threatens rape, gropes and verbally threatens men, women, and other clients. He wears a condom catheter that staff have to assist him in putting on and he tried to grab the back of my head and force me onto him while threatening me, ripping out hair in the process. This "medical stability" process has gone on for over a year and his behavioral problems are becoming notably worse. He jumps from normal conversation to rape and has been becoming aggressive toward other clients within a group home facility.

I am done with this. This type of workplace fraught with sexual harassment cannot be legal. I am demanding that I be moved to another facility and I want to know what legal rights I have if I am fired, if I am harassed further, and what general legal actions I may be able to take.

Answer:
 So what has your employer said or done when you reported the physical assaults?Answer #2: What does "medically stable" mean? A condom cath suggests that his worst medical issue, at least below the neck, is incontinence, which is embarrassing, but not life-threatening or, generally, an emergency. What are the criteria your employer would use to declare him "medically stable" within the confines of their policy?

Beyond that, if you're not willing to leave immediately, speak to a lawyer. Your clients' brain injuries will likely discourage prosecutors from following up on any criminal complaint you might make, and, on a civil front, you need a good handle on what counts as a hostile work environment before leaning on your employer to improve things. What you're describing may qualify, but it's not as clear-cut as you might think.

While you're looking for a lawyer, you can and should file workers' comp claims for any injuries you sustain that require medical attention. It's not as good as avoiding injury in the first place, but their insurance going through the roof will likely make them rethink putting staff in the line of fire.