Title: Update to: Soon-to-be ex making up serious allegations to get custody of baby.

Question:
Here is the original post: http://www.reddit.com/r/legaladvice/comments/2z2vxj/soontobe_ex_making_up_serious_allegations_to_get/

TDLR: Sharing week-to-week custody with ex in SC, he's lied to our judge about everything and still can't manage to provide basic care to our baby, what are my chances of getting better custody schedule?

So, a lot has happened since this last post. Ex and I have shared joint custody, currently week to week, of our small baby for the last almost 2 months. I know it has been hell for me, but I can only imagine what it's doing to our son.

As far as hearing-wise, both the ex and I were required to take a drug test (hair and urine). For me, if you remember, it was because my ex was alleging that I was drinking heavily and that I was abusing both prescription and "hard" drugs while caring for our son full-time. Not that I was worried, but my tests came back completely clean. I am unsure of what his results were. I would assume that if there was something there, a hearing would have been established earlier.

We've both been investigated by DSS and our GAL, including home visits for both. Unfortunately, the weeks that both parties visited my home, it was my ex's week with the baby and they both haven't gotten to see how I am with my baby. But other than that, both meetings for me went well, as far as I could tell. My ex, in the mean time, has given them 3 different addresses and I was asked by both the DSS and GAL to confirm which address he is living at, but I have no idea. The last I knew, he was staying at his mother's and not at our shared apartment that I left back in February. Without bashing him, I did let both DSS and the GAL know that I wasn't exactly sure where he was living or what his new phone number is.

Getting on to the more important stuff. Every single Sunday that I have gotten my baby back from my ex has been heart breaking. He is never bathed (I could smell him even before I gave him a bath), he's had scratches all over his head, ears, and legs, this past Sunday, he had bruises on the inside of his thigh, he's noticeably lost weight (which is also something his pediatrician has noticed and taken note of), 2 times he's had absolutely awful diaper rash (which is unlike him), every single time his diaper needed to be changed like 3 hours before I even got him, etc. What really bothered the last time I had him was the fact that he started to freak out during diaper changes. He's never been weird about getting his diaper changed and now he completely loses it even when I went to undo his diaper to put a new one on it. He's typically okay if I'm wiping up his private area, but as soon as the wipe gets closer to his butt, he will cry out in pain and just scream and scream until I get his diaper back on and pick him up. My stomach just dropped the first time it happened. I figured it was just a one-time occurrence, but the next diaper change went very much the same way. It makes me sick to his stomach to think of what could be happening to this tiny little baby. Every time I pick him up from my ex, he's just a completely different baby. I don't know how it's possible for such a young baby to be anxious, but that's the only word I can use for him. He's almost afraid of going to sleep. I can only guess that my ex just locks him in a bedroom and lets him cry. During the weeks that my ex has him, he will easily log between 20-30 hours playing video games. I'm not positive he has a job, and I still believe that he doesn't have valid car insurance on his vehicle. I wholeheartedly believe that our young child is in danger while he's with my ex. I know it's easy to be dramatic in these situations, but I fear for my child. And yes, I have documented, taken pictures and sent all of this information to both our GAL and our DSS caseworker.

That all said... our next hearing is coming up in a few weeks. I'm just wondering, based on your experiences, what the odds are that the judge will revise our current custody setup? My ex, and this is easily proven, has lied about absolutely everything from our first court hearing - from the allegations, down to what he said he would do going forward. He led everyone to believe that he would be providing for and staying in our apartment (last I knew, he was at his parents house), that his parents would be primarily watching the baby (his mother hasn't even been back in the state since before the first hearing, and she's the only one with the tiniest bit of common sense but that's all I can give her), lied about everything he alleged against me (the mental issues, the drug/alcohol abuse). I mean, if I were a judge, I would be pissed that someone who clearly was/is in the wrong essentially wasted all this time and money but I don't know.

Should I be preparing myself for a huge letdown? That I won't get the majority of custody like I should? I don't by any means want my ex to never see his son, I would just like a better structured schedule where the baby is home with me at night and with my ex for shorter periods of time. His pediatrician even recommended shorter intervals for my ex's visits. And unlike my ex, this isn't about money to me. I'm not sure if he knows this, but I have absolutely no desire to collect any type of child support from him. I have solely provided for our baby since before he was even born, I don't need help with this. Will not wanting child support make a difference?

If you read all of my rambling again, thank you. I'm still trying to make sense of everything.

Answer:
 To add to /u/UsuallySunny, your child is not old enough (unless walking early) to get bruises in that location. You should have call the social worker immediatly. It is likely too late at this point but bruises in that location are concerning. Bruises on a non-walker and non-cruiser in that location are doubley more concerning.

You need to start logging everything. I mean everything. Get a composition notebook and log day and time of every drop off and pick up. Every crazy full diaper (weigh it, seriously). Pictures of bruises (no private parts). If you have a concern for weight, go to your dr and have a nurse weigh him asap. Log everything that happens at your place (bruises or anything). Log diaper rash. Take pictures. But the injuries you describe are seriously concerning depending on the childs mobilityAnswer #2: Have you talked to the social worker and your lawyer about the baby's physical condition on return?  Have you been taking pictures or otherwise documenting this?Answer #3: And just to state the standard: the child support is for the child, not to help you. By not pursing support, you are only depriving your child of money he is entitled to for his benefit. It isn't/shouldn't be a bargaining chip in custody negotiation.


Title: [Florida] Landlord is threatening to make us pay double for rent if we don't sign a new lease.

Question:
So my roommate Mike and I are renting a townhouse in Central Florida. We took on another roommate who is great. We have had no problems, nor have we violated any terms of the lease to our knowledge. Anyways, we signed the lease a few months ago and completely forgot about it until yesterday, while cleaning out the garage we saw our copy of the lease and noticed that we had a rental price of 1200. But for the past four months we have been paying 1375. I brought this to the attention of our landlord who responded

"You obviously understand that it was a mistake. And I have yet to get a signed copy from you ,therefore that is not even an executed lease agreement. I will resend the correct version and expecting a signed copy at your earliest convenience otherwise according to paragraph 30 of your lease agreement owner will start charging you double the amount."  Direct Quote from email.

She then called me. Explaining (yelling through the phone) that she never received a signed lease from us and that we could be evicted, she has been nice enough to ignore the fact that we "have not signed" the lease by not charging us double.

Mike (memory of an elephant) knows that he sent it to her and upon further research (an old email) he did. She even confirmed it with a "Thank you so much. I have received the lease agreement."

We are not sure what to do. We like where we live and if we can capitalize on her error (rushing us to sign the lease back in august) then we want to. If anything we feel that we should be reimbursed for the 4 months that we have been overpaying (according to the written word of the lease) and then will continue to pay the agreed amount of the new lease.

Thanks for your advice in advance.

Answer: If you have a mutually signed agreement, that agreement and all its clauses are viable. You are advised to read thoroughly and completely understand all its clauses BEFORE taking action you know will piss off your landlord. That you guys seemingly didn't even read/remember the portion of a the lease concerning RENT tells me you have no idea whats in there.


Title: [Illinois] Got into a car accident a few days ago, what's the process for filing a claim?

Question: [deleted]

Answer: Just phone your insurance company. They will take you through everything.


Title: Landlord doesn't want to let us out of lease or re-rent unit. State law says she has to.

Question:
I posted on this recently but have had some new developments since the last post. We recently moved into a new duplex home with a shared wall. Come to find out it's incredibly thin and we can hear every word the neighbors say. We're constantly getting woken up at night and it's become a real issue and source of anxiety. We emailed the landlord with evidence of the noise (multiple videos) and told her we wanted to break the lease. Based off everything I've found online, in the state of Ohio, we have the right to break the lease at any time and the landlord must make "reasonable effort" to rent the unit. We're responsible for rent only until the unit is re-rented. We're also legally entitled to "quiet enjoyment" of our living space, which we're not receiving.

Per http://www.nolo.com/legal-encyclopedia/tenants-right-break-rental-lease-ohio.html -

" If you don’t have a legal justification to break your lease, the good news is that you may still be off the hook for paying all the rent due for the remaining lease term. This is because under Ohio law (Stern v. Taft, 361 N.E.2d 279 (Ct. App. 1976)), your landlord must make reasonable efforts to re-rent your unit—no matter what your reason for leaving—rather than charge you for the total remaining rent due under the lease. So you may not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because Ohio requires landlords to take reasonable steps to keep their losses to a minimum—or to “mitigate damages” in legal terms. (One caveat, however: This duty to mitigate in Ohio does not apply if the lease includes language relieving the landlord of this duty.)"

*Note that my lease does not include any language relieving the landlord of this.

The problem now is that while the landlord has seen video evidence of the noise, she states that they do not rent homes during the fall/winter months when the "good tenants" aren't looking (her words), and that good tenants usually rent during the spring/summer. My question here is this: would only renting in specific months count as "reasonable effort"? If we were to tell her we're leaving anyway, is she not still legally obligated to try renting the home?

TLDR: Landlord legally required to make "reasonable effort" to re-rent home. Can she only rent half of the year and still consider that reasonable effort? If I get an attorney, do we have a chance, or is it pointless?

Answer:
 You have two main issues here.

Quiet enjoyment- this does not mean you're guaranteed silence.  From the little your post contains this does not come into play, and does not allow you to break your lease (without consequences).

Duty to mitigate damages.  After you have left your apartment (breaking the lease) your landlord must make reasonable attempts to rent out the apartment. Meaning that if you left with 8 months left on the lease you wouldn't necessarily owe 8 months rent. You would only owe until it was rerented.  Assuming an uncooperative landlord small claims courts often set this damage to 3 months rent.Answer #2: She can't just assume she won't find good tenants in the winter and not try to find any. Mitigation usually requires "commercially reasonable efforts" like at least posting the lease listing on a website or putting a sign on the lawn. If she does absolutely nothing, you can use that as a defense if she sues you for rent for the months she does nothing but wants you to pay. It's a defense to your paying rent if she isn't looking for a new tenant.


Title: Roommates girlfriend left and is going to stop paying rent, we are expected to cover her portion of the rent and damages.

Question:
Hey guys, a little backstory first.

I re-signed a lease at a house in Mankato, Minnesota that I had lived at for 2 years while attending college. The lease started On August 1st, 2015.

In November 2015, me and my girlfriend who were both on the lease moved out (Bought a house in a different city). We agreed to keep paying rent until subleasers were found. The catch here is that one of my roommates girlfriend's had been living at the house rent free since the start of the lease.

In February 2016, roomies' girlfriend decides that she is going to sublease after living their rent free for 6 months. We communicate via text message that she is going to take the lease starting in February. Her boyfriend contacted our landlord (who lives in Montana) to get the paper work in order to officially put her on the lease. She was going to be taking my girlfriend's portion of the lease.

Fast forward to this week, April 2016. There are still 4 months remaining ($1200) on the lease where we would be expected to pay. Roommate and his girlfriend break up, the girlfriend moves out a few days ago. Today, she sends a text to my girlfriend saying that since the paperwork was never completed, she isn't legally bound by anything and will not be paying rent any longer. She expects my girlfriend to begin paying rent again.

We called our landlord to explain the situation, and she fully admitted that it was her fault that the paperwork was never complete. Despite this, she tells us it is still our problem, and that if the girlfriend doesn't pay her portion of the lease that all of the rest of us who are on the lease will have to cover her portion of the rent. This is written in the lease that we signed as a means to keep the landlord from getting screwed out of money.

So basically the landlord is either expecting my girlfriend to start paying rent again on a lease she should have been removed from (landlord failed to complete the paperwork after a 2 month period), or she expects the other 4 of us to pay an extra $75 bucks for rent a month to cover the girlfriend that left. This is not including damage that her dog caused (a husky who ruined a wooden floor by splashing in a water bowl over and over again, holes dug up all around the backyard), that we could be charged for at the end of the year.

I am livid at this situation and looking for any kind of advice or steps I can take. I refuse to pay more than my portion of the rent that I agreed to keep paying ($300), and I don't think my girlfriend should be expected to pay anything seeing as the landlord completely dropped the ball on finalizing the subleaser paperwork over a 2 month period. The landlord also said that for each day that rent is late, it will add $5 to the total, which us other roommates would be expected to cover as well.

Please tell me there's something I can do to prevent my roomies' ex-girlfriend from completely screwing us all out of money.

Topic:
Landlord Tenant Housing

Answer:
 A sublease would not have removed you or your girlfriend's responsibility. All tenants on the lease are responsible for the rent *in full*. If one tenant doesn't pay their share, the others need to pay it. If your subtenant doesn't pay rent, you are still on the hook for it. That's the whole point. The people on the original lease can sue the tenants who don't pay for their share, but they need to cover it out of pocket first.

You guys need to pay the rent in full.Answer #2: Someone *on the lease* needs to pay the balance or risk everyone getting evicted. While your landlord is claiming responsibility for not getting the paperwork in order, it's also your fault for not following through to make sure it was taken care of. Note that if your GF doesn't pay the rent, she's opening herself up to financial liability from everyone else on the lease as her name is the name on the lease.

Your legal recourse is to sue the sublessor for the unpaid rent. Despite not having a signed contract, the fact that she paid two months rent and suddenly stopped paying is a good indication that there was an agreement in place.


Title: Preschool poisoned our 3 year old twice; now directors creating unwelcoming environment.

Question:
Hi,

Would appreciate any guidance here from the community. Encountering a very unexpected situation with my 3 year old daughters' preschool (Los Angeles area).

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* Preschooler: my 3 year old daughter has an obnoxiously crazy and severe food allergy (Celiac disease, can't have wheat / etc).
* (Incident #1) Preschool substitute teacher was un-aware of any allergy and gave her bread. Consumption caused severe vomiting, seizure, fainting and an ambulance ride to the ER via 911.
* Directors were very concerned and worked with us to "address" allergy policy gaps to avoid issue in the future; they also paid $350 health insurance deductible and paid 1 month preschool tuition.
* (Incident #2) Right after the first incident, just 2 months later, her regular teachers confused "vegan organic" cookies with "gluten free" and fed her parent-provided non-gluten-free cookies.
* Child has severe reaction again, eyes rolling in the back of the head, seizing, fainting, looks like she's calling Mr. Jesus and seeing the light. This time we were able to recover without going to ER at home.
* Here's where things go awry. After the 2nd time, the directors hit us with a mix of real concern, promises to implement change and allergy policies, yet somehow we are also beginning to perceive that we are becoming a "nuisance" to them. For example, the main school president does not attend meetings and disappears from radar, does not offer any tuition restitution or anything else to admit the issue.
* A week after the incident I scheduled a meeting with him to discuss the perceived awkwardness of him avoided us. He partially brushes it off as a general miscommunication and offers another free month of school. Great - I agree, we shake on it and I leave.
* (The ?WTF? and the crux of this post) About a month goes by since that conversation in the bullet point above and it has been complete avoidance of subject from the school director, no emails, no calls, no free month. Today I ran into him and asked him about this. His response blew my mind. According to him, he apparently wanted to approach my wife in person, but who "body language" was really negative and he felt unwelcome so he backed off and does not want to proceed with any resolution, he acted offended by her body language.

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I feel this is completely unprofessional, after all he poisoned our child twice due to lackey policy and enforcement, made false promises and is now offended by the body language of a woman who had to resuscitate her vomiting, seizuring child - twice, just months apart. I rode in the ambulance myself with a limp, pale, ghostly looking toddler - the dad rage is building.

I am not finding any obvious course of action here and it feels like we've been severely wronged by the school - but more so by the recent comments from the main director. Any advice is welcome, thank you in advance.

Answer:
 Honestly it's time for a new day care. Answer #2: >Right after the first incident, just 2 months later, her regular teachers confused "vegan organic" cookies with "gluten free" and fed her parent-provided non-gluten-free cookies.

Do you mean provided by some other parent?

It sounds like the daycare already covered your damages which takes care of the legal issues. You may want to consider a new daycare.

Answer #3: NAL but a person with anaphylaxis. This preschool is going to kill your child. They are blatantly careless and   unrepentant, and now they're shifting the blame to your wife for not being able to resolve the issue? Cut your losses now. Answer #4: It sounds like your best option is to find another preschool before they manage to kill your child. If this was my child she wouldn’t be stepping foot into that place again.

The part about the principal isn’t really anything that has to do with the law. There’s no law against finding someone’s body language “really negative” and he may not be available for every meeting.


Title: [New Jersey] University sent me a check I suspect is meant for another student.

Question:
My college issued me a W2 statement at the end of the year which reported that I earned a little under $2,000 in the year. I emailed them to say that I hadn’t worked for the university and to inquire about the error.

They stated that there was another student who shared my name that earned the money, but that the student had not received his money from it. I included him on the email and didn’t hear anything back.

Today, I received a letter from the university with a check enclosed for $650 of the total. I did earn about $150 for which I haven’t received a check for yet, but I’m almost entirely sure the rest is money earned by the other student.

What steps should/can I take? I’m assuming I shouldn’t cash the check and should report it to the university.

Answer:
 > I’m assuming I shouldn’t cash the check and should report it to the university.

Yes exactly that.


Title: Discriminatory Rent increase???

Question:
Location: Montgomery, TX

Am currently a full time "live aboard" on a Houseboat where my monthly slip rent was $310 Month. In my mail box today was a notice of new 1 year lease agreement. Slip rent increase to $340 mo, All live aboards must pay additional $100 per month per person living on boat plus additional $25 mo per pet....plus now only allowed one vehicle in marina parking lot or pay $25 per additional vehicle. I have two dogs and two additional vehicles. Sports car, SUV, HARLEY. This means a monthly increase of $230 or 75% increase totalling $2760 year. I have to make $3300 to spend $2760 This only applies to live aboard Tennant's and Of course every guy with a beer in his hand is a law expert crying foul. It does seem to discriminate as it only applies to live aboards......any other Tennant can use his boat 30 days a month with no extra charge, bring his vehicle and dog with no extra charge, have his wife and children all arrive in numerous vehicles with no extra charge......I does feel a bit like discrimination and at the least being targeted unfairly to pay more for the same slip space as the guy on the boat next to me who can bring his dogs and caravan of family with multiple vehicles at no extra charge. Note I've never once seen the parking lot full EVER.....the increase is specifically to gouge live aboards. Is this illegal???

Answer: Discrimination in the legal sense is violating the rights of a protected class of people, which can vary by state and city but is generally race, religion, gender, families, etc.  Charging far more for tenancy as opposed to casual use does not seem like discriminatory practice.  It does seem like the marina prefers to have people not living there full time though.


Title: What do people mean when they say medical malpractice is fact-specific?

Question:
In many posts on /r/legaladvice about medical errors I see a common response of "medical malpractice is very fact specific; you need to contact a medical malpractice attorney".  See, for example, https://np.reddit.com/r/legaladvice/comments/4nu5q3/grandpas_friend_went_into_surgery_and_got_wrong/

Why is this such a common response for questions about medical errors?  Are other parts of the law NOT fact specific??  What makes it more difficult to answer the question of "do I have a case for a wrong limb being amputated" vs. something like "do I have a case for my friend damaging my property"?

Answer:
 I'm married to a doctor, and I like to share legal advice threads with her. In every single medical one given, she can see ways it would and wouldn't be malpractice, and quite often the knowledge and information needed to determine that would have to have a complete review done of the actual information, not what the patient thinksAnswer #2: >Why is this such a common response for questions about medical errors?

Because not all medical errors are meidcal malpractice, and it is really dependent on the error and on the procedure if an error is medical malpractice. This means that it is pretty fact specific and that we shouldn't tell an OP that something is or isn't medical malpractice since we aren't medical proffesionals and even a medical proffesional would like to examen the patient first before making a conclusion.

>Are other parts of the law NOT fact specific?

They are, but it often doesn't involve another discipline that takes years of going to school before being allowed to practice. And at the same time a lot of the other parts of the law are a lot clearer as to point out where the line between OP being right or OP being wrong is.

>What makes it more difficult to answer the question of "do I have a case for a wrong limb being amputated" vs. something like "do I have a case for my friend damaging my property"?

Honostly a wrong limb being amputated sounds like a pretty good case, but there could be more to the story (so deffinitly consult an attorney).

On the other hand a friend who damages property is a lot more clear, you know that said friend damaged property and then there are the aplicable statutes.


Title: [California] Landlord failed to tell me that my appliances would be unplugged during extermination treatment. I came home to a fridge full of approx $100 of rotten food. Can I be compensated for the cost?

Question: I have told them this happened, they seem to be skirting around the issue. I want to know specifically if I have grounds to deduct this from my next rent check?

Answer: ...how long were you gone? Food in a fridge doesn't rot overnight...


Title: [NY] Friend owes $8,000 that was loaned to him in business agreement. How to get it back?

Question:
I'll try to keep this brief, here's my situation:

* In July 2014, I entered into an agreement with a friend, essentially investing in his record label. I was to see a percentage of profits in return for investing $8,000 (USD).
* At my request, the contract had a 'no-risk' line stating that I would see all of that money back, if the deal hadn't brought in at least the initial investment amount, in two years' time (July 2016).
* The contract was signed and notarized by a bank employee (not sure if this gives any protection at all).
* I haven't seen a single cent, and the 'friend' is now in Florida. I DO have his phone number, but not address. As a result, I haven't been too aggressive about asking for the cash back since he'll probably "do a runner".

EDIT 1: The contract bears his name as well as that of his previous company, which is an LLC. Although he's no longer involved with that company and it appears to be abandoned, it IS listed as active - not dissolved - on the NY Business lookup.

EDIT: I now DO have his address from doing a Florida business lookup. He's running a new music related thing there, and the Florida Division of Corporations site clearly lists his business and home addresses. So there's that!

I guess my next step is to send him a registered letter politely stating the facts and asking for the cash back. Thanks reddit!

Answer: You can sue him. Keep in mind though, if he has no money then it will be difficult for you to collect anything.


Title: How does child support work in California if you aren't married?

Question: [deleted]

Answer:
 > Is there a way to avoid it?

Nope - if you father a child, you'll be held financially responsible if the mother seeks support. Should it be any other way?

Answer #2: If the mother would take you to court for child support than the judge will order a paternity test. If the result of the test if that you are the father. Then the judge will order you to pay child support.


Title: [Ontario,Canada] UPDATE: Employer asking me to come back after temporary lay off

Question:
so as the title says, a few months ago i posted:
https://www.reddit.com/r/legaladvice/comments/52rn56/ontario_canada_employer_has_temporarily_laid_me/

Basically, what I predicted happened, I got an email today asking me to come back except I've relocated to Toronto. I suspect he's expecting me to say no so he can count it as a resignation and get out of paying me termination pay. Does anyone have any advice with how to approach this?

Answer: Ask for more money


Title: If Batman was real, would he be arrested?

Question: Sorry if this is the wrong sub for this question. I’m just super curious. A vigilante going around capturing people , using military grade weapons, and never showing up to court. Would he be arrested?

Answer: Absolutely he would.


Title: Hostile work environment in Nyc

Question: I was offered a job in nyc back in March that a friend helped me get, I knew her from my last job and we had a semi decent friend ship. Once I started working there she saw how everyone at work loved me and preferred working with me instead of her and became very jealous of me. She has created a very hostile work environment for more then just myself to work in. She looks for everyone's mistakes and instead of addressing it in a healthy team work helping way she immediately takes it to management and uses it as leverage to harass people to try to get them fired. She has done this several times with me but takes it way further with me than anyone else. With me she goes through my computer she goes through my stuff and finds anything that she can to use against me to make her case look better. It has gotten to the point where my boss doesn't like me and is always taking her side and believing her and wants me out of my job. I have had several of my coworkers come to me and tell me she has a personal vendetta to get me fired and or make my life hell in the mean time. What should I do?

Answer:
 Hostile work environment has a very specific definition in employment law. Despite the plain English meaning of the words, someone being hostile to you around you in your general environment does not make it a hostile workplace as far as employment law is concerned. It's just someone being a dick to you. That's permissible (although not good business). Even if your boss absolutely believed every word you said, and that the only reason your ex friend reported those things was because she had a personal vendetta against or or was jealous, even if your boss thought you were a better worker, there is nothing legally stopping them from ignoring all of that and firing you instead. There isn't a law saying your employer has to be fair or rational in deciding who to fire.

So you've got a few option.

- Leave, and find a better job.

- try and make up with your coworker

- discuss the situation with your boss and see if they will mediate a solution

- be so squeaky clean that she can't find anything to use against you

- wait until you're fired and collect unemployment.


Title: Car damaged while being pulled out of snow

Question:
I am currently stuck on side of road in KY in the snow.  I called AAA and they didn't send out a row truck but instead a pickup truck with a winch (I think that's what it's called).  As he was trying to pull me out he snapped my "t bar."  Now waiting on an actual tow truck to get that fixed.

Question is... Is the original truck liable for damage, AAA, or am I shit out of luck?

Answer: What did your insurance company say when you called them? This is why you pay them.


Title: (Louisiana) Elderly parents were sold 2006 FEMA trailer with dealer not disclosing that fact

Question:
My parents are victims of the recent flooding in Louisiana and needed a trailer to live in while their house is being fixed. They were sold a 2006 Katrina FEMA trailer by an unscrupulous RV Dealer. The deal was done in cash because he gave my parents a sob story about have to pay employees.

On the bill of sale the RV Dealer listed the RV as a 1998 trailer. The trailer has all the "uninhabitable" stickers peeled off and the Emergency Housing Unit sticker shows signs of tamper. We found out it was a FEMA trailer by looking up the VIN number in the GSO database. The RV Dealer never mentioned it was a FEMA trailer even after my parents directly asked him (they said they didn't know).

I tried to get my parent's money back but he RV Dealer threatened me and filed a fake police report on me (I had a cop come to my house).

We are trying to figure out our legal rights and have called FEMA, Toxic Waste, Lawyers, etc and no one seems to be able to help us.

While all of this is happening my parents do not have a place to live while their house is being fixed.

Answer:
 One of the articles I've found suggests calling the Inspector General at (800) 424-5210.

Also, try the things suggested here: http://grist.org/article/what-do-i-do-if-i-am-living-in-a-fema-trailer/Answer #2: Oh I can totally help with this one:

OP, look at Redhibition. Basically, in Louisiana, if someone sells you ANYTHING they knew or could reasonably have known to be defective, you can get a full refund. Answer #3: Have you tried the CDC?  Health department?  Answer #4: Since the trailer has a VIN number, you may also try and go through the motor vehicle office or maybe the county treasurer, or wherever they issue licence plates and vehicle titles. With a little luck they will prompt the police to go poke around on his lot and see if he has other similarly illegally modified trailers on his lot.Answer #5: What's wrong with it that they can't live in it temporarily?


Title: Our AR/AP person just quit. I work in CSR. My bosses are telling me I have train for her position even though I told them I didn’t feel comfortable.

Question: Can they force me to train for a position that I do not want? I work in Nevada. Please help. I like my current position and don’t want to deal with looking for a new job right now.

Answer:
 They can’t force you. They can fire you if you decline.Answer #2: > Can they force me to train for a position that I do not want?

*Force* you, as in with a threat of violence? No.

But they can *require* you to do it, as in with a threat of firing you.


Title: What--if any--laws would I be breaking if I mailed a box of feces to a politician?

Question: I'm interested in mailing a box of fecal matter (perhaps my own, perhaps that of an animal) to one or many politician or politicians. Are there any laws that prohibit such action?

Answer:
 This is illegal in any state.

Send fake novelty dog poop instead.Answer #2: If you are trying to send it to anyone above your local level, they will never know about. All you would do is disgust some intern or low paid administrator.


Title: (Texas) After a hospitalization I spoke to lawyers about medical practices. If subsequent investigations by state health/human services and medical board uncovered violations should I visit lawyers again?

Question:
tldr: I contacted two law firms last summer about med mal and was told that there wasn't enough in the records to pursue damages. Do subsequent confirmations of violations from DSHS and the medical board change how they might feel?

I know medical malpractice is not something within the scope of this sub, but this isn't exactly about that.

Last winter I was hospitalized after multiple ER visits in one week where I repeatedly asked for specific treatment of a chronic disorder which is relatively well-known in pop culture but also rare enough for many doctors/facilities to have little to no experience with it. I did not receive treatment until I went into shock during the third visit and had to be placed into a medically-induced coma. After a few months of recovery I decided to look at the medical records from the visit and on the advice of family and my therapist I asked two law firms if there was anything worth pursuing for damages. Both firms looked at the records in a free consultation and said while I was well-organized that the standard for malpractice in Texas was out of reach for what they could see.

I dropped it and instead reached out to the state health and human services department to file a complaint against the facility and then later I contacted the medical board about the specific doctor. DSHS verified at least one allegation in my complaint - by law I cannot know any more than that, except that the facility will now be scrutinized further in the future - and the medical board investigation continues.

Do the outcomes to these investigations matter much to any firms as it relates to a possible case? I do not want to waste the time of the firms which have already looked at my information. Thanks in advance. Sorry for being intentionally vague.

Answer:
 > Do the outcomes to these investigations matter much to any firms as it relates to a possible case?

Likely, no. The additional scrutiny that the medical board will have on the hospital and/or the medical provider will not change the fact that your charts do not show sufficient evidence of malpractice. You've had 2 law firms tell you that you have no case. That is usually a pretty good sign that you have no case.


Title: Lost Memories :(

Question: I dropped my wedding dress off about a year ago at a dry cleaners down the street from my house. I even had it repaired there as well. They called and left a message about 6 months ago saying that it was ready. I went in today to pick it up (as I lost track of time because I recently had a baby), and they told me that they had donated it a month ago. No calls, no messages, no emails, nothing. There is also nothing in my agreement with them that says that they can donate it if it is not picked up. Is there anything I can do legally to sue for the price of the dress/ emotional distress, ect.

Answer:
 Did you expect them to just hold it indefinitely free of charge?Answer #2: I'm fairly certain they have a sign somewhere about 30 days meaning abandonment - I've never been to one that doesn't. Answer #3: You can sue them in small claims for the depreciated value of the dress. You aren’t getting anything for “emotional distress” here.

Couldn’t have been that distressing- you waited six months and it was likely legally considered abandoned property. In this regard, a suit may not be successful.Answer #4: Very unfortunate.
  It may depend on your state, and the stores policy, but they did contact you telling you it was  ready to be picked up quite a while ago. Admittedly, you were aware, but too busy to pick it up. As another user mentioned, you “can” try and sue to recovery the costs, but they could also counter with holding fees. It really depends on the stores policy.. at my shop, any equipment that isn’t picked up 30 days after notifying them it’s ready, is sold off (which is stated clearly on the service agreement. Never had an issue).

Personally, I would realize that if it meant that much to me, I would have picked it up a lot sooner, and just cut my losses. Answer #5: I'm fairly certain they have a sign somewhere about 30 days meaning abandonment - I've never been to one that doesn't. Answer #6: Your state probably has laws regarding abandonment in this particular instance.  They should be available on-line.


Title: Well, I had a miniature mental breakdown and Googled the words "all apathetic people should be killed." I do not believe this and I regret doing this. How fucked am I?

Answer:
 Are you asking if the police are coming after you for that search? Location required but assuming you are in N. Amercia no one is tracking your google terms.

You should seek some help for mental health. Answer #2: Not fucked at all. Nobody is looking at your search history. There will be no consequence to this (unless you actually kill people, then the police will try to use your search history to establish motive).


Title: Caught speeding but officer did the math wrong on my ticket

Question:
I was going 77 in a 55 area (Virginia, fml) but cop wrote 15 "m" which I assume means miles? Poor handwriting. This is my first speeding ticket and I'm extremely scared bc I'm still with my parents whom I dont want to stress out. What options do I have when I go to court?

EDIT I'm not disputing it, I just want to know what I should say in court other than admitting. I don't know law jargon so how should I properly articulate if I can reduce the points or whatever? I have no choice but to go to court, according to the ticket.

EDIT Do you advise I get a lawyer? I've pretty much settled on doing a driving class before my court date but is getting a lawyer nece$$ary?

Answer: The cop was cutting you a break - rather than writing you for 22 over, he wrote you for 15 over. Consider it a kind gesture, pay the ticket, and move on. Answer #2: Anything more than 20mph in Virginia is reckless driving (a criminal offence) rather than a simple moving violation. He was likely just being nice by giving you the lesser offence, which is common if you're polite to them.


Title: Ex-employer reversing direct deposit?

Question: Virginia. A friend of mine recently was fired from her job (she couldn’t come in on her day off so her manager messaged her on Facebook and fired her). She was due one more check. Her direct deposit posted on July 13 (funds available). She paid her bills and moved on with it. Then earlier in this week noticed where the direct deposit had bounced (she was now -$400 negative) but the next day the bank rejected the withdrawal. So she had her money back. Now today July 20th she’s now -$430 because of a NSF fee, and the direct deposit was “FORCE PAY” taken out of her account. Her employer was a fast food chain. Is this legal? What can be done? The money she earned is from hours she worked.

Answer: Per ACH rules employers have 5 business days to recall a direct deposit starting with the first business day after the deposit was originally made. So if it was originally made July 13 then they would have until July 20 to take back the money but only for the exact amount of the original deposit. It's unlikely the bank has the ability  to do anything about it as they are just the middleman and they aren't going to mediate to decide if she was entitled to those funds. If she is unable to resolve it with the employer she can file an unpaid wage claim or speak to an attorney.  Either way she should include the NSF fees in hr claim.


Title: Pig Shit

Question: Moved into the country, and love my porch and view. Neighbor who has more money than he knows what to do with bought 12 pigs last summer. The flies were awful, as was the smell. We live in an area where livestock is allowed. Thst said, is there anything I can do? He doesn't take care of the manure on a regular basis and the flies are crazy. Thanks.

Answer:
 New York has a rather string Right to Farm law. However, under certain circumstances, farming practices can be deemed a public nuisance, unless found to be a "sound agricultural practice."  The sound practice determination is made on an individual case-by-case basis. . Your neighbor's land might first have to be evaluated to determine if it counts as a farm or as a guy-who-keeps pigs.

Here is a form for complaining to the State Dept. of Agriculture. https://www.agriculture.ny.gov/complaint.html  I assume that if this is not the right place, they will send you elsewhere.

I would also try you local county health department. Say that you want to report an unsanitary condition that is resulting in odors and flies.

Another possibility is to call the office of an elected official--local or state. Don't start with the complaint about your neighbor lest you get dismissed as a crank. Instead, say that you are having trouble finding the proper government agency to contact about your complaint and ask them to help you get to the right place. Even better, ask if they can get you a specific name of the person to talk to. This isn't asking for special treatment; these kind of constituent services are something elected officials routinely do.


Title: Can I get search history from internet provider? [NV]

Question:
My soon to be ex is living at our vacation home and the internet service is in my name there. What are the chances that I could request a history of websites/searches performed? Provider is Comcast.

My hopes would be a few... I can prove that the affair partner was using wi-fi consistently when he spent the night there, can prove she has looked up ways to screw me, ways to get out of having to work, etc...

Answer:
 You're not getting it. Get that thought out of your head. Answer #2: 0%

>Provider is Comcast

You as a person will never get this. Normally takes a subpoena and a strong arm. (Sometimes)


Title: [Indiana, USA] I have an idea for an app, but not the technical skills to make it happen. How do I protect my idea while I shop it around?

Question:
I have an idea for an app (I know. Everyone has an idea for an app.) But I sincerely can't find anything on the Google Play or Apple App stores that does what I'd like to do.

The big obstacle is that I'm not an app developer. So, I would need to partner with someone who has the technical skills to make the idea happen.

However, I'm afraid that if I go around talking to people about this, they'll take the idea and simply go do it on their own. So, how do protect my idea so that I can talk to people about it without risking my idea being stolen?

Answer:
 Not legal advice, but software development advice:

Honestly, ideas are a dime a dozen, and getting someone else to make your idea is at best very difficult and at worst a money pit; any developer you hire is never going to be on the same page as you, leaving your product to always be behind schedule, over budget, and less than you want.

The reality is that your idea will likely never truly come to fruition unless 1) you get extremely lucky and find a developer who has the skill to build your app and the integrity/naivete to not blow up when he or she realizes they're the one with the relevant skills or 2) you learn the technical skills to do it on your own.

I recommend trying option 2. There are vast amounts of technical resources to help you learn programming and many groups willing to help you hone your business idea, especially once you have a working prototype. Google for the first, meetup.com or local college organizations for the second.

Remember: ideas without an implementation are worthless. Your main concern should be getting the idea from your head to code.


Title: [California] How much legal advice can I give as an employee?

Question:
Hello!

As I reach into management roles at work, and an avid legal advice reader, how do I approach legal subjects at work?

My companies non-compete is completely illegal in 10 ways from Sunday.

Let's no even go on about some of the other stuff.

Can I as an employee (with no legal formal training) give legal suggestions?

Tax suggestions?

Do I have to tiptoe or can I just tell them it's f@ed up and here's what you need to do to fix it? (Since this is all internal, not speaking to other companies.)

Answer: You shouldn't be giving out legal advice if you are not a lawyer, especially in a corporate setting. Lawyers have actual training, and also have insurance for when they screw up. You presumably have neither of those things.


Title: Extra apartment "fees" for personal items left outside.

Question:
This is minor compared to some of the posts I've read here but I thought I would ask anyway.

I live in a sort of apartment community with a pool and a front desk. I left for a camping trip and I forgot an item outside my apartment overnight. A few days later I got a letter on my front door that said i had an "Exterior violation" and had to pay a 25$ fee for leaving my personal item outside. The problem is that I've reviewed my lease and extra fees for the violation of "property standards" as the letter says are not mentioned anywhere. I asked the property manager to highlight which part of the lease I had violated, and she highlighter the following:

&#x200B;

"The Resident is legally bound to pay all rent, fees, and other charges that come due, regardless of whether the Resident continues to occupy the apartment."

"Residents shall not dispose of trash, garbage or other materials in hallways, breezway, patios, balconies, or other common areas of any portion of the apartment building community." (no mention of fee?)

&#x200B;

I'm just particularly annoyed because my neighbors were pushed out because of these extra fees that seem random and are not mentioned on the lease we signed.

Answer: If they don’t spell out a fine, then you don’t have to pay it, but they also have the right to not rent to you, or evict you for breaking the rules concerning trash.


Title: USA, VA. Neighbor (42F) who I (22m) messed around with is threatening to go to the police??

Question:
Okay so I met my neighbor this past weekend while walking to my apartment after work. She approached me and asked if I worked for a certain company (because of my uniform) and was advertising her photography business. She said I should ask my management if they ever need photographs from a professional to contact her. ANYWAY, I noticed she was crazy right from the start, but really flirty with me. I thought she was cute and asked her out for
Coffee.

We met up later that day and ended up spending the whole day together. She seemed unique and weird but I was into it. We ended up going back to her place after 5 hours together. When we entered she looked at me and said “I really Want to kiss you right now” so I kissed her. This turned into making out and taking clothes off. But completely consensual. We both sorta brought up that we didn’t want to have sex. She likes to wait and I didn’t know her and I’m super afraid of STDs. So we touched each other in sexual ways. She even gave me oral sex. But the longer this went on the more turned off I got. She was just too crazy for me. She kept talking about “energies” and how the universe made us meet. She said she wanted me to finish inside her if we ever had sex.

Side note: I’m joining the military in October, she knew this and said we should basically be friends with benefits until then.

So I kinda just become not in the mood anymore, she asks me if “everything is okay?” And I kinda made it clear we needed to stop. This is when she starts freaking out. She almost starts panicking about me being uncomfortable and apologizing about going to far. I told her it was fine and I just wasn’t feeling it. So at this point she’s freaking the fuck out of me. I got the vibe from her that she’s the type to ruin a guys life if he broke her heart or something. This is when I remember reading an article online about a college student who audio recorded a crazy girl he slept with saying what they had done was consensual. So I pull out my phone and record. She is unaware of the recording. Basically in the 4 minute recording she states how “I didn’t do anything and she did everything” “sorry I made you uncomfortable” “I obviously crossed your boundaries” things like that. So i end up leaving. We say goodbye. The next morning she sends me weird long good morning texts. I ignore them, she texts me later in the day with longer texts about how she wants to see me again. Anyway I respond briefly with “thank you for the sentiments but I don’t want to see you again”
To this she starts freaking out over texts and ends up saying “I was heavily medicated yesterday and I don’t remember much” “what did we do?”

I’m in utter shock and tell her we just messed around, “don’t you remember?” And she acknowledges it. For some stupid reason I tell her I recorded us having a conversation afterwards right before we left, because she was scaring me. She flips out over texts and demands I send it to her. I’m at work and take a little while to respond, she starts saying she talked to a lawyer friend and “what you did was illegal.” I live in Virginia which is a one party consent state (don’t know if that helps) also the audio recording is just us talking (no sexual stuff) anyway she says that unless I send it to her she is going to the police and that she didn’t want this to “ruin your life”. So I send it to her and apologize for recording her, and that I was just scared. She starts saying “everything is going to be okay” “just breathe” and “let’s meet and talk about it” so we meet later that day

Before me meet, my roommate said she had come by the apartment looking for me, and he specifically said after closing the door she “waited and listened by the door” which is creepy as hell. So we end up meeting in her car outside my apartment. She starts crying and saying that she’s sorry and how in the past she had sex with a younger guy and got a criminal record because of it. She even lost her nanny job. She also said “woman have all the power, that’s not fair to men.” She was like “this is a good life lesson” and then she treated me to dinner. The whole time I was trying to make this as quick as possible and end it. But over dinner she said she wanted to meet with me once a week to “teach me about woman”. Don’t know what that means. And she gave me a bunch of gifts. So after dinner she drops me off at my place and we say goodbye. That night I sent her a long text explaining how I can’t see her again, we’re both adults and we should move on. She reply’s with “I appreciate you saying goodbye.”

I thought this was over. I just got a text today (4 days later) saying

“You are an evil and manipulative man”

I’m scared she’s gonna go to the police and say I raped her or something. She’s creeping the hell out of me. What do I do? I have the audio tape of her acting crazy, I have all the texts and pictures of the gifts. I kinda feared this the whole time. I’m not a bad person, I really wished I didn’t do anything with her. I don’t want this to hurt my chances of joining the military. I can give more details in the comments!
Topic:
Criminal Law

Answer: Do not engage her any further. Block her. If the police attempt to speak with you, do not do so unless on the advice of an attorney.


Title: PLEASE HELP!

Question: Hey i am having huge problems right now. I work in a company with mostly immigrants. I am an American by the way. I got this job after high school. It pays well. So in the beginning it was good. Now it’s just a mess. So pay attention to this. We work for production. We only get paid for the work we do. We work from. 7-5So for example we get a map there is 100 things in it we only do 20 we will only get paid for those 20 things. So if those 20 things only pay us 6 hours we would only get paid 6 hours for the day. First red flag. So on the map each job has time on it. We have a supervisor & he puts the time for us. In the beginning we would get around 40-50 hours by Thursday. 3 weeks later all of sudden were only Getting 10-20 by THURSDAY. My GF ( not the supervisor ) is like family to me . We have a 8 man crew we are all like family. Me & my brother are the only Americans. So the GF was telling us that hours are missing. We had this theory that someone is stealing time. We recently found out that the supervisor is the one stealing it. Once we’re done with a map the numbers he messed with are back or EVEN BETTER THE MAP WOULD DISAPPEAR. Right when we’re done with it poof gone. So no evidence for us. There is a lot of Supervisors that do this. They are called “dead persons” in my job. The supervisor put “dead persons” on the pay but the check goes to the supervisor. They don’t put one they put THREE.  Now LISTEN TO THIS. My GF ( my boss ) called the OWNER of the company about what is going on, & the OWNER SAID HE DOES NOT CARE WHAT IS GOING ON THAT HELL PAY US BACK FOR THE MISSING TIME BUT HE JUST WANTS HIS PERCENTAGE. He has promised to pay back missing time BEFORE to my crew never fu filled it. The people who are higher than us are  taking advantage because it’s most illegals. What can the illegals do you know? So i want to step up & help them be the voice for them. What can i do? There is a lot of illegal stuff in this job. I know my boss would know most of it. He is the one closest to the owner but i know he still has our back.

Answer: It's Wage theft. The Wage and Hour division of the USDOL will investigate and seek back pay l, where due, regardless of the immigration status of the workers. Pay is due for time worked, regardless of whether they are authorized to work in the United States. However, given the current administration, it is highly likely that ICE or other agencies will be notified as well.


Title: Didn't really know where else to ask this but thought this was as good a place as any: Are the NFL and the NCAA violating the Johnson Amendment by taking political stances?

Question:
Sorry if this is not the right place for this, but I was curious and thought you guys might be able to point me in the right direction. With all the news surrounding various football players and other athletes not standing for the Anthem and all that, paired with the NFL not reprimanding behavior that acts in a political fashion, are they therefore taking a political stance? Additionally, are the players acting as an extension of the NFL when they take political stances? The same question applies to how the NCAA and the ACC have chosen to remove their championship games from NC in protest of the bathroom bill.

My main underlying question is whether these actions jeopardize the organizations' status as tax-exempt or non profit entities. Again if there's a better place to ask this please redirect me there, but I'd appreciate any insight.

Answer:
 > athletes not standing for the Anthem and all that, paired with the NFL not reprimanding behavior that acts in a political fashion, are they therefore taking a political stance?

No, silence is not, by itself, enough to be considered the league taking a stance.

> Additionally, are the players acting as an extension of the NFL when they take political stances?

Not legally, no.  Your employees do not speak for you unless you've specifically authorized them to do so, or their job makes it such that the default presumption is that they do.  Like a publicist, for example.  There's nothing inherent in being a Wide Receiver that would make people believe you had the ability to express the political views of your employer.


Title: [USA-VA] Hotel desk clerk told me I couldn't check in to the room I reserved because I was under 21. She lied and stated that it was against Virginia law to allow me to check in.

Question: Do I have a case for discrimination based on age? I definitely faced some damages from having to sleep in my car that night.

Answer: No, you have no case.  And no, you have no damages.  You could have found another hotel that would have rented to you within policy, or even have read the hotel's check-in policy prior to booking, since it should have been clearly stated.


Title: My KIA Unintentionally Accelerated & Almost Killed Me

Question: [removed]

Answer:
 You accelerated the car. Not only has an "unintended acceleration" not once ever been proven to be a mechanical fault, but the power of the brakes is easily, *easily* enough to overpower even a very powerful engine. Sorry, but your foot was on the throttle.

&#x200B;

>I slam my foot onto the brake and the car moves faster!

Sorry, this won't be a popular opinion but this is evidence of my point.Answer #2: You have a couple of issues here. First, your car is obviously not under warranty anymore so you would have to pay for and needed repairs but you should go to another mechanic because it shouldn't cost that much. As to the unintended acceleration, has this specific model you have been reported to have that issue?


Title: Made to climb in an industrial trash compactor?

Question:
So my friend and I were swapping stories about our retail woes today when one of the things he said was being told to climb into their industrial trash compactor to knock out a bees nest. He seemed surprised when I told him they weren't allowed to make him do that. As I work in a different store and our trash compactor rules are very strict.

We both live in Texas, and he has told me, there were bees in the compactor. They tried filling it with trash and running it, but the bees were at the top, away from the press. So his boss told him to go down the chute and lay in it with a stick to knock the bees nest down. My friend says he asked if they could just call an exterminator because he didn't want to get crushed or stung, but his boss told him this would be cheaper and if he wouldn't do it he would find someone who would. So they turned the compactor off and my friend ended up doing it and nothing went wrong. However I am just not comfortable with them potentially sending him back in the compactor again. But at the same time, we are at the level where if it is legal and it is complained about could get him fired. So I wanted to make sure it is illegal before urging him to bring it up with corporate.

So my question is: is it legal in Texas for an assistant store manager to tell an entry level worker with no training on the trash compactor to climb into a trash compactor even it is off?

Answer:
 Most of this stuff is relevant only in the case of an accident. These types of issues are resolved in the context of tort law, but in order for this body of law to be implicated, there has to be an actual harm.

As nothing happened, there is no cause of action.

He could have a claim under the contract, or perhaps some sort of OSHA claim, but the specific instruction does not run afoul of any particular law.

More complicated questions arise if he refused and was fired, but that's not a bridge we're crossing.

Finally, this isn't legal advice, but your buddy should not get into a trash compactor.


Title: Kind of a weird situation involving being evicted without a lease. Kansas.

Question:
So, a couple months back I ran into a rough patch with my ex. Things got really bad with him, and a couple friends offered to let me stay with them. We had no real agreement behind it all, beyond that I'd "try" and look for a job, and help out with chores. They even told me not to worry about the risk of not finding a job, it would be fine.

Well, here we are now, months later, and I've yet to find one. One of my roommates lost his job, and has been lashing out at me in the process. I'm a financial burden, fair enough. The job market here isn't very healthy, and being unemployed for a time left my application rather undesirable.

I was told a couple days ago that I have "twelve days to find a new place to live." I can move back in with my parents, so getting out isn't necessarily an issue, but I won't be able to until the middle of April. They can't get time off to pick me up until then.

Unfortunately, this guy is dead set, dead serious about my "12 day" limit, even after I explained the situation. He says I can stay in a homeless shelter if I need to until then.

Now, I've done some light research and I've come to understand that in some areas, even without paying rent, if I've been living in a place for at least thirty days and have had mail delivered (I have), I'm considered some sort of tenant and deserve the ol' 30 day treatment. Does this hold true in the old state of Kansas?

tl;dr : Stayed with my friends for four months, didn't pay rent, do I deserve 30 days to vacate?

Answer: Yes it is thirty days notice. In writing. If they lock you out, call the police regarding illegal eviction


Title: (ON, CANADA) Animal Hospital Issues

Question:
So basically, we went to a vet for our cat, they told us she has diabetes, they did all blood work and etc, paid over $600 for this, since then we've gone in again, and another $70.

So we switched Vet Clinics, and have been informed that everything the other place did was half assed, half of her file is missing info, the tests weren't done correctly . Even more we found out the insulin they gave us is outdated and Vets dont even use it anymore. So the new one wants to re-do everything.

So do we have a legal coarse of action against the previous place?
Topic:
Other Civil Matters

Answer:
 Is the insulin expired or just not widely in use?

Edit:  I'm going to look at this from a veterinary standpoint, to help on the lawyering side.  (vet tech 15+ years)


Title: Dog bite at the dog park

Question:
I was just at the local dog park in California where my dog bit another dog. My dog is a gangly 40lb mutt and him and another dog got into a fight. The other dog was a chihuahua mix. This is the first time my dog has bit another dog. I didn't see who started the fight but I saw them both snapping at each other and then my dog grabbed the little dog by the scruff and shook it for a second or two. I tried yelling my commands but the owner of the other dog was drowning me out screaming and yelling at my dog. Not saying his yelling wasn't justified, just noting. After my dog released his dog he ran off. His dog came to me kind of whimpering. I didn't see any blood but I highly doubt there wasn't any present. Chances are it was punctured. At this point I apologize and say sorry and before I can say anything else he starts screaming and swearing at me. His girlfriend/wife scoops up the dog while in tears sobbing, says she is bleeding and needs to go to the emergency room. It seemed a little dramatic. I am trying to calm the man down showing empathy and concern. He finally does, we exchange numbers and he runs off to catch up with his girlfriend/wife. I called him, informing him of the closest vet open on a Sunday and told him to keep in touch.
I want to be clear that I am not trying to weasel my way out of paying for the little dogs vet bills. I want to do the right thing. I just didn't get to see the damage and don't know if it would have needed an emergency visit. I don't want to be taken advantage of. Again, I didn't see who started the fight but my dog was clearly more capable of doing damage to the little dog versus the other way around. He's never done this before so I don't see him starting it but either way I don't think it matters. My concerns are that they are going to take this dog to an expensive vet that will cost more than is needed and they are going to try and gouge me.
I worked in an animal hospital when I was younger and my dogs have been bitten bad before but I never had to take them to the emergency vet.

Am I fully responsible?
Do I cover the whole bill?
Should I have gotten pictures?
After the guy contacts me what are my next steps?
Did I do the right thing?

Thank you in advance and sorry for the lengthy post.
Topic:
Other Civil Matters

Answer: I don’t think you can control which vet they go to. However, you can probably request an itemized bill from the vet to make sure they don’t add anything to it and everything is accounted for.  You are almost certainly liable for this bill though, so good on you for being willing to pay from the outset.


Title: Can landlords refuse to provide keys to portions of rented house for safety concerns? [IN]

Question:
I recently moved into a duplex with limited yard space. During the house tour with the property manager and landlord, I mentioned growing herbs on the garage roof. My bedroom has a door leading directly to this roof, and the air conditioning units are on top of this roof area.

The landlords are refusing to provide me a key to the door to access the roof because "it is a safety hazard to let anyone on there." Our lease does not say anything about the roof, just that "the premises at [address]" will be leased for 12 months. Our lease also specifically releases the landlords from any personal or property damage for the duration of the lease and requires us to have $300,000 in renter's insurance liability.

I feel like it's really unfair for them to do this, but I'm not sure whether or not it's specifically violating the lease.

Indiana.

Answer: Are they maybe concerned what "herbs" you're growing?Answer #2: Honestly,  this sounds like an unsafe idea.  I'm a landlord in Indiana and there is no way in hell I'm letting anyone walk on any roofs. Our houses used for rentals tend to be older and at times unpredictable. That's asking for an injury and a lawsuit. I would let your completely out of your lease before I gave you a key to that door.


Title: Unpaid internship illegal?

Question: Hello all! I’m currently in my last semester of college and I’m working an unpaid intern at a Merchandising and marketing firm where they make us do a lot of work that in my opinion should be paid. I’m usually there for about 20 hours a week... I sometimes work for 6 hours a day and my higher up doesn’t even tell me to take a break or anything like any other regular part time job would do... what are the California intern laws?? Do we even have a law?

Answer:
 Unpaid internships in California require the authorization of the DLSE and meet an 11-factor test to be qualified.  It's very structured and designed like a learning curriculum.

What are your duties every day and what is this program like?


Title: Can an employer deny me a reference based on

Question: [deleted]

Answer: The short answer is they're not obligated to provide a reference.  Good, bad, or even pick up the phone if someone calls.


Title: [Texas] legally buying this house

Question:
Ok, so I am trying to buy my grandmothers house. She has dementia and is in a nursing home. My mother is the sole beneficiary (only child and my grandfather passed away 20 years ago) and power of attorney. I don't have the money to get a loan from a bank because I don't have a down payment. But my wife and I have enough to actually pay for it, like the principle/interest/taxes/insurance monthly. So my mother said we could "in house finance it." How can we legally get this done? And I heard of something like Deed of Trust or something, does that work in this situation?
Topic:
Real Estate law

Answer:
 You're going to end up buying a house you can't afford and it's going to have lasting consequences for you and your grandmother.  You're likely going to push for something like a land contract / contract-for-deed. This will be a critical mistake when your grandmother's nursing home wants the home to cover ongoing / previously rendered care. You'll lose the house you thought you were buying.

If there is an active mortgage / deed for trust on the property and you record *any* transfer deeds, you'll trip the due on sale provisions of your grandmother's mortgage and make the entire payoff amount due immediately.

I wouldn't move forward until I knew that the grandmother's able to convey clean title, the nursing home won't take the house from you, etc.


Title: neighbor abuses girlfriend tried to hit me. afraid for my life!

Question:
I live in an old house that has two apartments. My boyfriend and I live up stairs. The man in his 60s is an ex Vietnam vet lives with his 35 ish girlfriend. Since we have moved in the cops have been there once every two weeks sometimes more because he beats up his girlfriend calls her horrible things and a three year old lives there not his child. So we hear everything he claims she beats him up and I believed him until one night ab a month into moving in I heard a loud bang shook the house and then heard the woman's screams. I stopped and listened harder he said a lot of terrible things like that I don't want to repeat. Told her he hopes she dies I tried. to record it but audio was horrible. I didn't know what to do I didn't want to get involved and it went on for a very long time. He said no one's gonna believe you so go a head call the cops. Hit her threw her on ground said hopes she dies oh do you need an ambulance oh to bad. Eventually it stopped I wanted to call cops so so so bad... but I am very ashamed I didn't That night.They showed up anyway so I went and talked to them told them everything I heard. She was beat up bad with her kid in the back of the cop car.
It kept happening maybe not as bad that night but it was getting us to a boiling point. He hid from the cops for days in his apartment like a coward.
So a week ago he was screaming yelling accusing her ... The usual this time she tried to leave. and he gripped her up and threw her with the baby. we saw it this time she actually left.
So fast forward a few days this time there was an argument with another neighbor BC this guy lies to everyone and they believe him BC he covers his butt. My boyfriend and I know the truth so I heard him hit her and this time I yelled if you don't stop I'm calling the cops and a lot of explicit words threats at me. My boyfriend heard and said don't talk to my gf like that then he started threatening him. They exchanged words. And long story but my dad came over and approached the guy like why are you speaking like that to my daughter. He tried to fight my dad and then my boyfriend  other ppl intervened and then he started at me he growled at me balled his fists at me at acted like he was gonna hit me... I'm a 5'4 small woman and younger than his gf. No one saw this except my bf. We went to police station they did nothing.
And today I was going to my car and he walked outside and was staring me down. I asked him if there is a problem and he got loud I got scared laid on my horn bf came out he is threatening again. So again called cops they did nothing again. Found out he has guns buried in the backyard and it seems he is directing his anger towards me now. Keeps waiting until I'm alone and then does things. I'm scared and I don't know what to do im afraid he's going to actually attack me. He is a sick individual he brags to others how he killed ppl in the war. Any advice? We have separate entrances. He has two front and back we have a side door that has stairs. I'm actually living in fear!

Answer:
 >  Any advice?

Call the police.


Title: CA - Landlord refused to sign initial move-out inspection.

Question:
Today we had our landlord over to perform the initial inspection of our unit. We will vacate it on 06/13/18 and I requested this inspection by following California Civil Code 1950.5(f).

The landlord behaved in a very weird manner during the inspection. He said that "I made up this inspection" and that he had "no way to inspect the house because I haven't moved out". I had a checklist to document the conditions of each area of the house but he refused to sign it.

Should I send him the checklist anyways?  I am not sure how he's playing this. For example, he might be pretending that this initial inspection never happened. I don't expect him to follow the law and send a list of itemized dedications that might be subtracted from the security deposit after the move-out.

Answer:
 The purpose of that law is to give tenants an opportunity to remedy any issues with the unit prior to move out so nothing is deducted from the security deposit.

If your landlord refuses to do an inspection within 2 weeks of your move out, take a metric shit ton of pictures of every single nook and cranny in your unit.  If they try to withhold anything unreasonable from your security deposit, take them to small claims court for the return of your deposit.


Title: Employer accidently marked me sick, I came in anyway and worked my shift. Now they won't pay me. What do I do? (ontario)

Question:
So I work for Loblaws. I came in for my shift and saw on the daily I had been crossed out and marked as sick. I talked to my supervisor and saw her erase the sick and rewrite my name. I tried to punch in but the system wouldn't let me, but my supervisor promised that she would have that fixed. I took her word for it and now my paycheck came in with that shift missing. I talked to my other supervisor who said unless she can get someone corroborate that I came in, they won't pay me. Won't even check the cameras.

Is there anything I can do? Is this allowed? I came in for my shift. I talked to multiple people, I talked to that damn supervisor. They have proof I was there if they look at the cameras which are freaking aimed at me all day (I'm a cashier). I'm just worried that people won't remember because it was a week or so ago, and then I'm out 60 dollars, which I can't afford to lose.

Answer:
 They have to pay you for all hours worked.

If your employer won't voluntarily pay oyou, make a wage compalint: https://www.ontario.ca/document/your-guide-employment-standards-act/filing-employment-standards-claim

In the meanwhile, get some witness statements while memories are still fresh. Get a few people to sign and date a simple statement (e.g. "I was working on <date> from <time> to <time>. <Name> was also working on this date. I saw them working as a cashier from <times>."


Title: Orange county. My patient on a ventilator 24/7 and completely dependent was neglected for 3 hours due to drug use.

Question:
    I am a home health nurse. I was told by my patient that her nurse was passed out completely after trying to wake him up multiple times. Keep in mind she is on a ventilator 24/7 and completely dependent on her nurses for everything. My patient knows that her nurse was on drugs, most likely heroin. He was passed out and had to be waken up by the oncoming nurse for the next shift.
    I have another patient who was telling me a similar story involving the same nurse. This has not happened on one occasion but multiple times.
    What are my legal standing involving this issue? I want to remain anonymous and my patient is very distraught over the situation and I would like to make her involved as little as possible or none at all. He shouldn't be a nurse. What can I do to keep other future patients alive and healthy without disclosing too much information about myself.

Answer:
 Why do you need to remain anonymous? As a nurse you should feel like it's your obligation that your patients get the best care possible. A drugged out nurse is not allowing that to happen. You should absolutely report it to his/her superiors.

This shouldn't be an issue of you being mandated or not to report it, you should report it because it's the right thing to do. Answer #2: I've fixed the formatting for you:

>I am a home health nurse. I was told by my patient that her nurse was passed out completely after trying to wake him up multiple times. Keep in mind she is on a ventilator 24/7 and completely dependent on her nurses for everything. My patient knows that her nurse was on drugs, most likely heroin. He was passed out and had to be waken up by the oncoming nurse for the next shift.

>I have another patient who was telling me a similar story involving the same nurse. This has not happened on one occasion but multiple times.

>What are my legal standing involving this issue? I want to remain anonymous and my patient is very distraught over the situation and I would like to make her involved as little as possible or none at all. He shouldn't be a nurse. What can I do to keep other future patients alive and healthy without disclosing too much information about myself.


Title: Washington- I messed up, drank on the job. Got a DUI leaving work that day, jail time, and I was fired. Where to start?

Question:
So I made the worst mistake of my life on Wednesday. I drank at work. I was told to go home. On the way home, my car broke down right on the bridge, and before I could get roadside assistance a policeman pulled over to help. Long story short, I was breathalyzed, arrested, and taken to jail.

I spent the night there, was let out with out bail, and a court date coming up. I did get someone to alert my work that I would not be in on Thursday. when I was released I saw I had a message from work asking if I was coming in on Friday, and I said yes. Work said good.  Friday morning, 30 minutes after I got to work I was fired. I kinda knew that would happen.

My legal question is....where do you think my case will go from here? I worked at a place with high security, will I possibly be sued by the company for my negligence and the possibility they may need to review all m work?

Also, with the DUI, it is my first arrest. I don't get in trouble usually, and I have no tickets. I guess I blew high on the breathalyzer though. Advice there?

Answer:
 Get an attorney.  As far as misdemeanors go, DUIs have some of the worst consequences.Answer #2: I doubt you'll be sued by the company. I can't imagine they'll have any damages to sue over. You need to worry about the DUI above all else; get an attorney for that.Answer #3: >Where to start?

AA


Title: My boss is requiring me to sign a petition and call elected officials, when does this become illegal?

Question:
So I work at a school adjacent company that gets its funding through public school funding,our governor recently proposed budget cuts that would directly affect the company that I work for.
because of this my boss is requiring us to sign up to call different elected officials and members of our state government in order to basically read a script that has been written for us to lodge our opposition to The proposal. There is also a petition.
I don't know enough about the budget cuts in specific to know if I support them or not but I do feel uncomfortable with being required to support things because my boss says so. what is the law on this kind of thing? I'm in California.
Topic:
Employment Law

Answer:
 That would be a violation of the CA Labor Code 1102:

>No employer shall coerce or influence or attempt to coerce or influence his employees through or by means of threat of discharge or loss of employment to adopt or follow or refrain from adopting or following any particular course or line of political action or political activity.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1102.&lawCode=LAB


Title: Speeding 36 mph in a 15 mph school zone, please help.

Question: Hello, I know somebody who was just pulled over for going 36 in a school zone 15 (in Westchester, NY). So far the advice we've been given would be to not plea guilty, not get a traffic attorney, and go to court. Would you advise this? Please note that when we contacted a traffic attorney, we were told that our town is hard on people who speed passed schools. Thank you very much.

Answer: If your town is hard on speeders, you're a fool for not engaging an attorney.  It's a senseless risk.


Title: Question on selling a co-owned house with my sister and myself both on the title (Westminster, CO)

Question:
Hi all-

My sister and I bought a house together in 2006 in Colorado - about four years ago I ended up taking a job in California and moving out. She ended up taking over the payments and renting my portion out to a roommate until she got married last year.

Now, her husband wants to buy the house from both of us, and they've initiated a quick-claim (or quick sell?) that I need to sign off on by this Friday. My question is this - the house has appreciated about 20k or so - can I claim 1/2 of the profit of the sale of the house, as I co-own it? Is this ok even though I haven't physically resided at the address in a while?

If so, what do I need to do to insure that I get my share out of the sale of the house? (I.E. Notarized letter, something like that?)

If I should retain some legal counsel for this I'm open to suggestions or referrals as well.

Thanks kindly in advance!

Answer: You need a real estate attorney, don't sign the quit-claim until you have met with one.


Title: [FL] Tracked stolen items to a pawn shop but they've already been sold

Question: My wife and I have been working to track down some jewelry that was stolen from her back in October. We filed a police report and the person responsible was arrested and plead guilty. However, there are a couple of items that are extremely important to my wife so we've been keeping at our search to try to track them down. We finally came across one of her rings in a local pawn shop and verified that it was hers. The issue we're running into is that there were 3 other rings of hers that were pawned with it and they have already been sold. The pawn shop has stated that they keep records of the purchasers of items, but that that they won't release that information to the police. Is there any recourse my wife and I have to track down these items? We'd be happy to buy them from whoever has them now. They were fairly expensive rings and were given to her by family members who are no longer living.

Answer:
 Yes, you can sue the pawn shop plus "John Doe(s)" for the items, since they admit they had them.  During the discovery phase, you will subpoena the names of the people they were sold to.  If they still don't deliver the names, you get a motion to compel from the judge.  Violating that order is contempt of court.

You can usually do all of this in small claims if the value of the rings is not above the small claims limit.  It can be difficult, you might want a lawyer.


Title: Purchased a faulty product online. Seller refuses to accept responsibility for the refund.

Question:
Hi there,

I purchased a Lenovo laptop from a third-party seller online.  When it arrived, it was full of prepackaged software, including some known malware products like RocketTab.  There was no indication during the purchase that there would be any bundled software, etc. installed on the computer.  Because of this, I am trying to return it for a refund.  I paid by credit card.

The return policy on the seller's website says that all buyers seeking returns must speak to Lenovo Direct directly.  I spoke to Lenovo, and, of course, they told me that they are not responsible for third-party purchases in any way.  I've since emailed the third-party seller back, and he says the product is not available for return to them, as stated on the website.

So, what the website says is, "Due to Lenovo's policy this product is not available for return or exchange and must be handled with Lenovo Direct." The seller is saying that Lenovo does not permit them to accept returns on Lenovo products, which contradicts what Lenovo told me about their complete lack of involvement in third party sellers and their return policies.  Additionally, there was nothing during the purchasing process on the website that stated this purchase was final.

Regardless, I was sold a faulty product that did not arrive as advertised, and I wish to return it, get a refund, and never deal with this vendor ever again.  If they refuse to budge on their return/refund policy in the coming days, what resources do I have available to combat them and get my money back?

Thank you all very much.

Edit: I made this purchase in Illinois, and the seller is a website based in Ohio.

Answer:
 Have you ever bought a computer that didnt include software pre installed?   Just wipe it.

The product is not faulty Answer #2: Have you considered doing a fresh install of windows? That would fix it...


Title: Is this Wrongful Termination?

Question:
I (used) to work at plasma donation center as a phlebotomist. On 05/02/18 I was "caught" so to speak, performing a duty wrongfully. What I did went against our Standard Operating Procedure and unbeknownst to me broke a big rule in our company policy. On 05/04/18 I was immediately fired no warning for what I had did. Here is where it gets messy:

What I did wrong is actually common practice around my workplace. People have essentially been trained this way, including me, and also like I said many, if not literally everyone does it. Even the lead who wrote me up on the day of the incident has a history of doing it. I still have many friends there, that straight up have told me they have all done this before. In my bosses office on the day of my termination, he word for word told me he knows I'm not the only one that has wrongfully performed this specific duty, and even to this day performs it wrongfully. Also in his words, he said since I was the one caught doing it, that is why only I am getting punished. The following Monday after my termination (05/07/18) there was a building wide staff meeting, where my friend had recorded the meeting knowing this would get brought up. What management had said was there was an incident and from now on we have to be ethical in performing our duties and be honest. Essentially, they are forgiving and forgetting everyone else who has ever done it in the past, and if I were to bet, continue to do it now. Everything, and I mean everything at my work is documented on paper or digital, as well as there are countless cameras across the whole building. It is not hard at all to look back on any of the paperwork and double-check or see if anyone else has done what I have.

On the day of my termination I was 100% honest and forthright with what I did when talking to HR with my bosses present. My bosses fought insanely hard to keep me on, even offering to just give me a final written warning just to keep employed. Up to this day I had never missed a day of work, was cross-trained, was on the brink of a promotion, had a fantastic relationship with almost all my coworkers, and in general was an employee in good standing.

TL;DR I was fired over something that management knows is common practice around the building, and are just forgiving and forgetting about everyone else that has done it. Is this grounds for wrongful termination?

Answer:
 Wrongful termination means being fired because of your membership in a protected class, such as your race, or in retaliation for reporting illegal activities at work.

What you describe, even if 100% accurate, is not wrongful termination.

**Edit:**

In response to your edit... Yes, it may have been discrimination. Such as discriminating against you simply because they don't like you. But that isn't illegal discrimination. See above for examples of illegal discrimination.


Title: [USA] PSA: If you do not attend work because you want to strike on International Women's Day, it's entirely legal to fire you.

Question: [removed]

Answer: Should be common knowledge that not showing up to work can get you fired.Answer #2: I'm sure any woman who is unaware of this would not be the type to be browsing this sub


Title: Is it legal to hold a sign saying a negative fact about an individual on a public sidewalk?

Question: [deleted]

Answer: Check your local municipal ordinances. Strictly speaking and on its face, (1) is a statement of fact, whereas (2) is a matter of opinion, though both are protected, so there's no issue of inflammatory or false statements (unless 1 is untrue). However, there may be municipal ordinances that prevent loitering, disturbing the peace, or would otherwise prohibit this activity without first obtaining either a proper permit or notifying local authorities. I'd also check to ensure that the sidewalk is in fact public, as that's not always the case.


Title: (GA) My employer is not taking Federal and State taxes out of my monthly bonus

Question:
Hello, I am a salaried employee and have been working at this job for a year and a half. I receive a monthly cash bonus that is relative to our volume for the previous month. Though the bonus is in cash, it is still reported on pay slips so it’s not under the table. I never look at my pay slips cause my bonus is pretty steady throughout the months and since I’m salaried, I’m always paid the same. Today I decided to look on our online portal and found all my monthly pay slips and bonus slips. I couldn’t help but notice that there were no federal income taxes taken out of any of these bonuses as well as no state taxes taken out. Social security and Medicare was taken out. The bonus is technically higher on the slip than what I paid in cash to account for the FICA taxes. I am now worried that I will be short a lot of federal and state taxes (and potentially owe a penalty) for the year since these bonuses add up to $6500+ for the year. Is it illegal for my employer to not take out these taxes on my bonuses? When I started the job, those taxes were being taken out but sometime earlier this year it stopped. I was given no warning or announcement that this would be happening so I have not been able to plan for this. What is the best thing I should do in this case?
Topic:
Tax Law

Answer:
 >What is the best thing I should do in this case?

Talk to your payroll department about why income taxes are not being taken out. You should also talk to a CPA now about what your taxes are going to look like this coming tax year so you start preparing now


Title: [ny]preparing for a CPS home visit before child placement

Question:
CPS is going to be visiting my home to make sure it's a safe placement for my child after they have been investigating my ex-wife. My cabinets are well stocked, the house is mostly clean, but I was in the middle of a plumbing project and have a wall open in a room the child does not have access to. What are they going to be looking for here?
Topic:
Custody Divorce and Family

Answer:
 If the child does not have access to the room, you should be fine in that regard.  Be prepared to show CPS that the child cannot access the room, however (via lock or otherwise).

&#x200B;

They are going to be interested in knowing that its a safe environment for the kid.  Depending on the nature of the project, it may not matter at all.  But something like a hole in the floor down to the basement piping could be a problem.Answer #2: For younger kids - are medications, cleaning products, and sharp objects locked out of reach?

Do you have fire alarms in every bedroom and on every level?  Carbon monoxide alarms?  Fire extinguishers?

Do you have running water and at least one working bathroom with a shower or tub?

Do you have safe locations for each kid to sleep in?  They should each have their own bed in a bedroom, although bedrooms can be shared.

Is the house reasonably clean, without any major pest infestations, animal waste, rotting foods, or other biohazards?  Are exits accessible in an emergency?

Do you have a reasonable amount of suitable food in the house?


Title: Husband was laid off and the company gave us a 1099, this has never happen we usually receive a W2. Is this legal?

Question:
My husband was working as a courtesy officer at our old complex. We had to live there for the job. He would usually receive a W2 but not this time. The complex gave us a rent discount, there were no pay stubs for his job. I was wondering if this was legal? It says on his 1099-Misc he was paid 12,000+ over the course of the year, but we never saw that money because it was a rent discount. The complex management is always changing. We called them to inquire about this change, because we are loosing our entire refund and we were not notified of the change so we could save money to pay the taxes on what they say he earned. Also if this is legal can we write off this amount because he had a home office he for that job. He also used his own cell phone for calls for residents and he had to do daily and weekly paper for the office.
I'm located in TX

Answer:
 IANAL, but I believe the rent discount is considered income (which is why he got a 1099) and he owes Uncle Sam a portion of that in income tax. However, as an Independent Contractor he can deduct the expenses when filing his taxes, such as the cell phone, and ink/paper for the weekly paper, etc..

$12k for the year sounds high honestly, unless the rent was discounted BY $1000/month.

Sounds like you need the help of a Tax Accountant and not a lawyer.Answer #2: According to the lease, how much do you owe in rent monthly?  How much do you actually pay monthly?