Title: [VA] My email address is being used for things I'm not doing

Question:
I live in Virginia.  Over the past several months, I have been receiving receipts for iTunes purchases I have not been making.  My credit card has not been compromised.  Nor has my Apple ID or my email account.

After some internet sleuthing, I have determined that a person living in Idaho has a son with my same name.  This child makes iTunes purchases, other purchases, and attempts to start new Snapchat accounts, using my email address.  My email address is my name.  The billing address on all the receipts I receive is an Idaho billing address.  The visible last four digits of the credit card number are not mine.  I have no weird activity on any of my accounts.  My credit is secure. I have no fraudulent credit card charges.

Occasionally, I receive notifications that someone is attempting to change my iTunes and gmail passwords.  I have two step authentication on all my accounts and these attempts are unsuccessful.  These always come in tandem with receipts from the Idaho name twin.

I have contacted Google, Apple, and Visa.  None of them are able to help me.  Fundamentally, none of them understand what the problem actually is.  They just tell me to change my passwords more frequently.  I don't want my email address associated with purchases if I can help it.  As this kid ages, I have no idea what he might get into.

Given the periodicity of his purchases and the size of them, I strongly suspect he is sneaking charges on his mom's credit card under the radar and having the receipts sent to a valid email address that she can't access making the purchases invisible.

I have attempted to look up this family's contact info via various whitepages, but whitepages sites all seem to be pseudo-background check.

Is there any advice that you can think of?

Update Edit:
No luck finding a working phone number for the name doppleganger.  Thanks for the suggestions though.

I called Apple back.  Since I have been getting mainly iTunes receipts with personal information, I stated my problem differently.  Originally, the Apple ID customer representative stated that this was a problem with Gmail.

My email address and apple ID follow the format of FIRSTNAME.LASTNAME.  The name doppleganger has Apple ID format of FIRSTNAMELASTNAME - lacking a period.  But Gmail DOES NOT actually recognize periods in its addresses. Apple's database DOES recognize periods.  Google stated that since Apple was the source of the receipts it was Apple's problem.  I happen to agree.

This time, I pressed the issue harder.  I stated that Apple was repeatedly sending me the private information of another Apple customer, it was their duty to reach out to the other customer and prevent further breaches of privacy.  The Apple tech initially balked.  I pressed.  He finally came to understand that it wasn't a Gmail problem, since Apple can't force Gmail to change how their database recognizes periods.

I was elevated to a manager at Apple and he was unaware of the discrepancy in period recognition between Apple and Gmail.  He stated that in the millions of Apple customers this represents a potential security weakness that must be addressed systematically.  We exchanged contact info and he will follow-up.  He sounded surprised when I told them about the periods and I directed them to an article in Slate about the periods. http://www.slate.com/blogs/future_tense/2013/08/01/dots_in_gmail_addresses_what_happens_if_you_leave_out_the_period.html

Since most of the issues here stem from iTunes receipts, this might deal with it.  The manager stated he would reach out to the other customer, my name doppleganger, and have them change their Apple ID name.

Answer:
 >I have contacted Google, Apple, and Visa. None of them are able to help me. Fundamentally, none of them understand what the problem actually is. They just tell me to change my passwords more frequently

That's the best defense, really. Whether this kid legitimately believes he has a claim to your account or he's one of the horde trying to break into it, your strategy is the same.

Mail something to the billing address asking them to tell their kid to quit being a jerkAnswer #2: If you have the kid's name, use facebook. It is super easy to find out his parents name and contact them that way. Even if he isn't friends with his parents, he is probably friends with some relative that could eventually link you to the parents.


Title: Seeking advice for HOA conflict.

Question:
My husband owns a condo. The building is "self-managed" by a board comprised of owners. It is a small 12 unit building. There are 20 parking spots. 1 per unit and 8 labeled "guest." By - laws state the spaces are for tenants and their guests. Most residents only have one car per unit and some don't have any car. Several "guests" park in the non-assigned spots regularly including myself. There is only one family that parks one car on the street as per the "rules" as stated by "management." There is no reason she should have to park on the street. I haven't personally seen the by-laws so I can not quote them, but this is what my husband tells me. The vice president of the board has a personal issue with my husband that stems from a previous marriage. She has been rude and harassing me since I've been dating him. This person insists on harassing us about parking two cars in the lot among other things. Yesterday she accused him of paying his dues late. She handles the monthly fees by having the checks placed under her door mat. Certainly not a secure or safe method, in my opinion. There is no way for her to prove when the check was placed under her doormat. The check was under her doormat before it was due. She is claiming we owe a late fee. Neither this woman nor myself can prove if the payment was made on time or not. This is the first time she has done this with the check. On an unrelated note, she also frequently locks me out of the building when I prop the door to walk 15 feet to the dumpster with a bag of trash. She pulls into the lot and enters the building. When I get to the door, the prop has been removed. Just mean-spirited and rude behavior. Juvenile, even. We are tired of the harassment and negative behavior and are curious about our options and rights on these ongoing issues. I would like to reduce or eliminate any need for her to have contact with us and ensure that we are all following the "rules" that seem to only be enforced when "management" sees fit.

Thank you for any advice you have or resources. We are in Bergen County, NJ.

Answer:
 > There is only one family that parks one car on the street as per the "rules" as stated by "management." There is no reason she should have to park on the street.

I don't understand this statement.  As is, this doesn't seem to have anything to do with you.

> This person insists on harassing us about parking two cars in the lot among other things.

In what way?  Is she claiming you're breaking the rules?  Is she taking any action against you?  Or is she just complaining?

> This is the first time she has done this with the check.

If this is the first time, then there's no pattern of harassment here.  Has the check been cashed?

> We are tired of the harassment and negative behavior and are curious about our options and rights on these ongoing issues.

The *only* potentially actionable item here is the late fee.  Everything else is not illegal, as you've described it.


Title: Need advice on how to proceed with a law office acting unprofessional

Question: [deleted]

Answer:
 Don't send her a dime until you verify that she is who she says she is.

Did you ask her which law office she works for during any of your conversations?  That would be the first thing I would do if she calls back, then I would do due diligence and make sure that she is legitimate by looking up that law office online and contacting them independently.  (I would also ask for verification of the debt as well, but perhaps not at this juncture yet.)

Her acting angry and trying to coerce you into sending money to her are things that scammers do every day.Answer #2: I just did a little research on this firm and it seems they frequently scam people claiming bad checks. So I will be contacting my bank to double check everything and calling her office back.


Title: Photograph taken on phone at work in Ohio, used for write up

Question: So my wife was written up today at a medical office. She had received a text from our babysitter that our son had an allergic reaction and used to phone at the front desk to call while she was working( she had no cell phone on her, only knew she got the text from her smart watch) a co worker took a photo and said she was on a personal call. They synced the photo time with call log to show it was a personal call and wrote my wife up. Was this legal? My wife recently reported some people at work for insurance fraud and now friends of co worker have a vendetta. My wife had no clue the photo was taken.

Answer:
 She has no expectation of privacy, so the photo is fine.

If policy is she cannot make personal phone calls, then they can write her up for that.

Next time she should ask to be relieved for a few minutes, or have the babaysitter contact someone that is allowed to speak during the day.Answer #2: >Was this legal?

Yes.  Ohio does not have protected sick leave for employees or family members, so they can call it whatever they want and write her up.

>My wife recently reported some people at work for insurance fraud and now friends of co worker have a vendetta.

In order to trigger retaliation protection in Ohio, your wife needs to notify the employer **in writing** and they have 2-3 business days to "remedy" the situation before reporting it to the authorities and receiving the retaliation protection.

Ohio has some of the most draconian retaliation laws in the country.


Title: Texas [Hospital] Doctor not informing patient

Question:
Back story: My nephew about 4 years ago injured his leg, he was sent into a hospital and had an X-ray taken of his leg. At the time the doctors found a growth. Inside his bone I would assume the marrow and they chose not to mention it to my sister. Fast forward to now and he injured his leg again, this time when they went to the doctor at another facility, they asked for his previous x-rays from the original hospital and noticed the growth on them, and they saw that it had grown in size greatly since then. They are sending him to a much larger hospital to have the proper testing done to determine what it is. My family fears it may be cancer. That is the back story as of right now.

My main questions are this; what constitutes "Malpractice" and if the growth were to actually turn out of be a cancer of any form, would the original doctors not informing us of the growth be liable, what I mean by that would we be able to file a suit against them for this. And I understand that you are not official legal advice, and yes if it does turn out to be cancer we would most definitely seek official legal counsel on the issue.

Answer:
 Automoderator is right but I'd like to add... that statement you made - at the time the doctors found a growth but didn't mention it. How do you know that?

Look at the discharge notes for your nephew and make sure that there's nothing documented about this finding from the ER visit. Then I would go to medical records at that hospital and ask for the chart/imaging/radiology report and see what was present at the time. (Call first, it's been a long time and it may not be in their EMR if it was prior to them going paperless). You need to figure out exactly what happened as memories change over a 4 year period. That's the reason documentation exists.

As an aside, I highly doubt that the provider didn't protect himself/herself during the disposition process and document that patient will follow up with "X". All providers working in an ER practice defensive medicine. Most ERs would treat the acute injury then advise you to follow up with a specialist/primary care with regards to the finding and give you a copy of the report.

I'm not saying that it couldn't happen.... but I would check the chart first.


Title: I'm throwing a house party and was wondering what my rights are

Question:
I'm 18 and live in california and I will be throwing a house party the same day my parents being the homeowners will be unpacking boxes at our new home. I just had a couple questions just in case cops decide to knock on the front door.
•If the cops ask me if I'm the homeowner can I refuse to answer that question?
•If I tell the cops the homeowners are not present are they legally allowed to come inside without my permission?
• If the cop asks me to show id am I legally required to show it?
•Can I legally not answer the door for them until they leave my property?

Answer:
 You can refuse to answer, if you'd like.  That doesn't mean that they have to stop investigating the situation, that they can't enter, et cetera.

The far, far smarter move is to not throw a party that will come to their attention.


Title: Legaladvice submissions that are clear fabrications

Question:
Is anyone else tired of legal advice submissions that are clear fabrications farming for Reddit upvotes? They are practically scripted at this point. There's one on the front page of legaladvice right now that hits practically every button guaranteed to get sympathy and upvotes

* The perfect (male) OP that just wants to to the right thing for the daughter HE DIDN'T EVEN KNOW ABOUT.  The only personal detail missing is the halo

* The lying, cheating, bitch of a woman keeping him from helping his daughter

* The ignorant husband and child

* The looming spectre of child support

It's basically from the laziest Reddit writing team of all time. I get that there are legal questions here, but at a certain point it's really just about jerking it to straw men.

Anyone have additional thoughts on this?

Answer:
 In all honesty, I think it's more annoying that *every single post* has someone who feels the need to call OP a liar and a troll. We get it already.Answer #2: The problem is, there's no way to tell real from fabricated. Even in real life situations like this, there's going to be a strong tendency for posters to:

 * portray themselves in the best light
 * portray their ex in the worst light
 * assume nobody else is paying attention

People are self-absorbed and act like bloody idiots. I'd say probably about 20% of the ones that look like "obvious fakes" are real, and about 20% of the stuff that sounds plausible is a complete fabrication. With no way to tell them apart, an advice forum pretty much has to default to pretending they're real just to remain worthwhile. You know what's even less interesting than fake stories? Endless comments about how every story is fake.


Title: Adult buying a high schooler vape liquid.

Question:
No sure what flair would apply here. I recently found out that my 15 year old brother got a hold of a vape pen thing and that one of his friends mum is giving him the liquid. Besides the fact that my brother legally cannot vape, and he managed to get a pen from god knows where, what are the legal consequences for an adult buying and giving an underage age teen drugs? My brother is already on a shitty path, and I hate that an adult woman is giving him this shit. What would be the best path for me to take?
Topic:
Canada

Answer: Tell your parents, and if they want to proceed with legal action they can.


Title: I'm angry and mortified — Falsely accused of shoplifting at Whole Foods in front of a coworker. What should I do?

Question:
Throwaway because I'm mortified.

I live in New York. A few weeks ago, I went to lunch with a coworker at the Whole Foods near our office (I eat lunch there 1-2 times per week, well I used to). We paid and ate our meals in the cafe area as usual. Afterwards, my coworker wanted to buy some snacks to bring back to the office, so she stood in line to pay while I waited for her past the checkout, near the exit doors.

I was checking my phone and noticed a security guard "hovering" around me - she was circling around my peripheral vision, clearly looking at me. I got a weird vibe, so I asked "am I in the way?" The security guard replied, "did you get that bag here?" pointing to my purse, a simple cotton bag I bought at the same Whole Foods for \~$30 a few months earlier.

I thought she was complimenting me, so I said "yes! they sell them upstairs." She replies, "Did you pay for it?"

I now realize she's accusing me of stealing and got flustered. I told her "this is my bag, I bought it months ago" and opened the top to show her my personal items inside. The SG said something else accusatory like "oh, I didn't see you pay for it..." At this point I'm REALLY flustered and showed her some loose stitching on the strap - hoping to show that this bag has wear and tear, I obviously didn't just yank it off the display.

Much to my embarrassment, my coworker walks up in the middle of this and figures out what's happening. She very snappily tells the guard "she walked in with this bag!" The security guard says "oh okay, sorry" and like a fool I say "that's ok." I was just relieved I wasn't being accused any longer. My coworker and I left and she promised she wouldn't mention it at work.

At first I was "no harm, no foul," but the more I think about it, the angrier and more embarassed I get. This store is literally a 3 minute walk from my office - I regularly see 5 people I work with when I go during lunch. The coworker with me is not my subordinate, but I do manage people at this company, and I'm horrified this could get out via her, or worse, another employee who witnessed it and doesn't know it was a misunderstanding. I'm royally pissed that I work hard to have a reputation for integrity at my work, and this idiotic person could damage that.

Any number of my coworkers or my bosses could have seen me be accused of stealing. I used to go there several times a week, but I don't feel comfortable going back, which is also awkward explaining to coworkers. A few days after the incident, I called the store and reported the incident to the manager and said I was very angry about it. The manager told me "I'm so sorry, I will speak to this employee, etc" - but I don't at all feel satisfied. She didn't even offer anything as a courtesy - I'm NOT trying to get freebies out of this, but her response was just so lackluster.

Thanks to reading here, I now realize this guard had no right to stop me and didn't follow any rules like watching me supposedly "take" the item (on that day I didn't even go to the area where the bags are sold). I'm the last person to file a frivolous lawsuit but I'm starting to wonder if I have some sort of recourse for this totally embarrassing and potentially reputation-damaging incident. Do you think this is worth pursuing? Would I get laughed out of a lawyer's office for this?

Thank you for any help you can give. My stomach is in knots whenever I think about it.

**TL;DR: I was accused of shoplifting a purse I bought months ago at Whole Foods in front of a coworker. I was not arrested, charged, or injured -- but I am totally mortified. Store management was not helpful when I complained. Do I have legal recourse? Is it even worth seeking or should I just forget it?**

Answer:
 >Do I have legal recourse?

I don't see you having any legal recourse based on what you posted.

Most of what you are concerned with falls in the realm of hypothetical scenarios that may or may not even happen.Answer #2: >I now realize this guard had no right to stop me and didn't follow any rules like watching me supposedly "take" the item

By your own description, all the guard did was ask you some questions. Asking questions is not illegal. You are making a huge deal about literally nothing. No crime was committed. The security guard was doing their job. Build a bridge and get over it.Answer #3: What are the damages you are planning to sue the store for?

Not even the coworker that you were with believed the accusations, so how could you have suffered damages as a result of the worker questioning you?


Title: (CA, USA) Homeless Father Passed Away, What Am I In For?

Question:
I was notified by the City of LA that my estranged father passed away last week. He was homeless and in court-mandated rehab when he passed. We have had no contact for over 2 decades and he has been divorced from my mother for longer than that. I (legal adult) am the only relative that can be reliably found. His father is still living but has left the country and is not able to be located. I also, allegedly, have an adult half brother who is not able to be found. I have signed the necessary paperwork to allow the county to dispose of his remains as they see fit as there is no one to make any other arrangements on his behalf.

Is there any other obligation that I would be under? Would there be any legal reason that I would need to pay for a copy of his death certificate? He had no assets that I have been made aware of (no property, no car, no employment) and any debt he had died with him. I do not imagine he has a will nor would he have had a bank account with any substantial sum in it (I am not aware if he was receiving any social services, and that's probably gone as soon as it was received anyhow) and may not have had an account at all.

I want nothing further to do with him or his death (and honestly am already put out more than I care to be) However, I know these things never seem to end, and want to know if there's anything I need to be prepared for in the future. Any advice would be greatly appreciated.

Note: I am aware that this seems like I am callously throwing a human being away - but I assure you, he chose to do that with what remains of his family long ago. I am dealing with the death of a stranger I may be legally obligated to by virtue of parentage.

Answer:
 NAL

Similar situation sort of, I hadn't spoken to my father in decades, got a call, L.A. he died I was the only number they could call.

In my opinion it's worth having at least one certified copy of his death certificate, there's a really good chance you won't need it but it's better to have it just in case.


Title: [AZ] Where to start with investigation into STBX's hidden assets? Divorce lawyer, private investigator or other?

Question:
My sister has filed for divorce from her husband. They were separated and in mediation for the past year.

Prior to this, her husband was partner in a business with locations in several states.  He travelled probably 90% of the time and had one other small business that we know of.  My sister worked part-time and took care of the kids.  They had a modest home (in her name) and each had a vehicle. They shared a joint checking account that he put money into so she could pay the bills at home. They each had their own savings account.  Any other accounts he had and the majority of his income were off limits to my sister and were never spoken of.

About two years ago, he sold his interest in the business after he received a DUI (I believe it’s his third in as many years).  He helped my sister purchase a new vehicle and said he was investing the rest. He began travelling again for several months for what my sister believed was business. We discovered (and he recently admitted) during that time he had at least two assault and battery charges across two states and was involved in at least three extramarital affairs.  After failing to return home or contact anyone for over a week, he was discovered by my sister in a grocery store parking lot with another woman; he moved out of their house the day after.  He said at that time he would ‘keep the roof over their head’ and keep depositing money into the checking account for the kids. She filed for separation in the following weeks.

In the past five months, he’s been charged with assault and battery twice. He has gone no contact with my sister unless he needs to be bailed out or to ask for a ride to court.  He sold his truck (~$60k) and all of his things he left at their home (basically everything but the suitcase he packed).  The monthly deposits to their checking account stopped coming and my sister went through any savings she had.  After their last mediation meeting, he told my sister plainly that he wouldn't pay spousal maintenance or child support, and refused to tell her where he was staying.

She filed for divorce and alleged that he has money or assets he has kept from her. Unfortunately, as much as I believe her, she has been unable to show any documentation that would prove it. Would witnesses (former colleagues or acquaintances) be of any help here?  In the time I’ve known him, he has been secretive at best and hostile/raging at worst; we have no hope that he will be cooperative at all during this process. Thankfully, he never laid a hand on my sister or the kids, nor has he threatened her in any way.  He hired a divorce attorney and a criminal attorney.

Lawyers of Reddit, what do you feel is the best course of action for my sister?  Should she hire someone to investigate this?  Who?  Is there any hope for this or do you think she would be grasping at straws?  She is currently living on a part-time income and is making plans to put the house up for sale.  Her lawyer suggested a forensic accountant, but wouldn't that involve a lot of documentation/transaction histories that she should already have?

**TL;DR Who is the best person to contact when trying to uncover a spouse’s hidden assets during a divorce?**

Thanks for reading this. I've researched this over the past couple days and am more confused than when I started. Any advice, feedback or questions are appreciated.

Edit: words

Topic:
Custody Divorce and Family

Answer: What's STBX? A company that you think he's hiding assets in?


Title: CO, TX & GA - I quit because I have a new job with a similar lined up. Now my old company is demanding I sign a non-compete which would prevent my new job.

Question:
**Edit: Title should obviously have been: "CO, TX & GA - I quit because I have a new job with a similar** ***company*** **lined up. Now my old company is demanding I sign a non-compete which would prevent my new job. Sorry, but I'm very pissed at HR atm because of their threats to my job in addition to everything else they put me through.**

&#x200B;

I work(ed) remote from CO, for a software contracting firm based in TX. I gave 2 weeks notice on 5/3 out of courtesy to the client I'm currently working for.

There have been MANY problems with HR, paperwork, benefits, etc (one of the main reasons I quit).

&#x200B;

I start my new job 5/28 with a competitor software contracting firm based in GA.

&#x200B;

Now HR from the old job contacted me and said that they "misplaced" my signed copy of the non-compete agreement (that I'm 95% sure I never signed) which would prevent me from working for  *"any business in competition with the Company’s business".*

This would pretty much prevent me from starting my new job, so I'm obviously not going to sign it.

&#x200B;

My question is this: if I refuse to sign this non-compete, can they withhold pay for my last two weeks working there?

&#x200B;

I really would like to work out my notice because otherwise my current client will be screwed, but I'm obviously not going to work for free and will quit without notice if they can withhold pay for refusing to sign that non-compete.

Answer:
 Or what, they'll fire you?

I can't see any obvious benefit to you for agreeing to a non-compete now, at the end of your employment, unless they are offering you so much money in return that the question of where your next job is would be irrelevant.

Your employer cannot withhold pay for refusing to sign a new agreement. If they do, file with your current state's labor department (or, in Georgia, speak to an attorney).Answer #2: No, you have to be paid for all time worked.  They can fire you immediately and not let you do the final two weeks, but they are free to do that anyways.Answer #3: They can’t withhold your pay.  If they do, file a wage claimAnswer #4: >that I'm 95% sure I never signed

The onus is on them to prove you signed it.

> if I refuse to sign this non-compete, can they withhold pay for my last two weeks working there?

Nope. They can fire you outright right now, though.Answer #5: No, but I would make it clear in my response that nothing was misplaced.


Title: (Oregon) I was suspended from school for 3 days over a library book with extra punishment pending.

Question:
 I'm an 18 year old senior.
I'll try to give the most complete and unbiased report I can:

* On Tuesday, October 20th. I was in the library working on homework and figured I would check in my health textbook.

* The book was inside of my car, and being lazy I didn't want to walk out. I went to the check out station and keyed my book in; planning on bringing the book in later the same day. I returned to my table with friends to continue homework, and the librarian saw me at the station and noticed an entry for a book being returned and asked me where the book physically was. I told her it should be back on the shelf or something similar because I figured she'd make a scene. Technically students aren't supposed to key things unless working as an aide, but I used to and didn't think it was too big a deal. Of course, I forgot to bring the book back that day, and she did an inventory check later and couldn't find the book. She filed a referral for my principal to review.

* I was called to the principal's office Monday 26th. He informed me I was written a referral by the librarian. He asked me for my report and I followed what I said above pretty closely, but left the part out about keying the book in. He then read to me the referral report and said the book was checked in, but no physical copy was present in the library. This whole discussion was more extended and pressing, but it came to a point where he kind of asked/told me if the book was checked in, then it should be in the library.

* I made the mistake of saying it should be and he led me to the library to look for the book. This closed the deal on me creating a false report which I fully accept. After not finding it, we went back to his office. I apologized, told him I keyed in the book and that it's currently in my car.

* The principal then pulls out sheets listing all potential violations and saw my case as a Computer Violation, False Report, Theft, and Interference with Campus Security Systems. But he marked just **False Report** and **Interference with Campus Security Systems** since the other two didn't seem as valid to him. The Interference with Campus Security is guaranteed suspension, and False Report punishment is up to his discretion. He let me out with three days of suspension starting Tuesday. I then went and returned the book to the librarian.

* By violating the Student Conduct Code, it also violates the Athletic Code which I signed when during sports registrations. For a first offense the student is to miss the next competition or activity. Cross Country had ended and I don't participate in a winter season sport, so I'm required to miss the first track meet in spring season.

We're supposed to have a follow up meeting, and I've heard they're viewing my improper use of the library check-in system, or interference with campus security, as a very serious offense. Despite this being my first offense, they plan on referring it directly to second offense consequences. It does say in the handbook that for **theft** or **property damage** first offenses can be moved depending on severity.

For a second offense, the student/athlete is required to miss four weeks of contests. Although I can't find it stated yet, this apparently suspends me from school sponsored functions too. This is unwritten, but the leadership adviser also wants to hold me to a double standard for being an ASB officer. She wants to suspend my involvement in any leadership activities for one month, but start in December when we have more activities for me to miss.

I don't mean to sound like a complete victim here, since I did do things wrong. Starting with what I said to the librarian, and I believe how I conducted myself in the interview led principal to be suspicious. Naturally I was super nervous and the false report was all on me, and I'm pretty sure he assumed I lost the book because of all that.

But what do you guys recommend? Am I right for thinking this is overkill for a library book? That a library computer isn't exactly a security system?  People do much worse and get off with much less all the time at my school... I just want to be prepared for the follow up and not miss anymore school/activities than I have to.

Answer:
 > Am I right for thinking this is overkill for a library book?

No. Look at it through their eyes; everything you did screamed "thieving kid trying to steal a book" - not once did you ever just admit that you were being stupid/lazy and hadn't gone out to get it. (until the very, *very* end)


Title: [Ohio] Wife put in her two weeks notice, she was walked out immediately and no one at the company is returning calls about her last paycheck/benefits.

Question: How long does a company have to get back to you on these matters?

Answer: There is no requirement in Ohio to be paid any earlier than the next scheduled paycheck. She can file unemployment, never hurts to try.


Title: My daughter had a life-threatening arrhythmia at school and was sent away by the nurse. Is this grounds for legal action? (Arizona)

Question:
My seven year old daughter went to the nurse last week complaining that she felt dizzy and weird, and that her heart was beating too fast. The nurse told her she was having anxiety and just needed to take some deep breaths, and she sent her back to class without examining her. On the way back, my daughter collapsed. Fortunately a teacher was nearby to witness this and was able to call an ambulance and perform CPR until EMS arrived. On the way over she was in ventricular fibrillation and she had a cardiac arrest, but they were able to resuscitate her. She is fine now and has been diagnosed with Long QT syndrome. Her doctors said that she is very lucky to be alive, as many children with these kinds of arrhythmias suddenly drop dead without warning and don't have any symptoms.

I am furious that the nurse didn't examine her. I realize that children often fake symptoms to get out of class; my daughter was in the middle of a test when she started feeling unwell. Even then, she should've at least listened to her heart or something. My husband talk to the administration and they said there is nothing they can do since the nurse had no way of knowing that my daughter had a life-threatening heart disorder. Is there anything I can do about it? At the very least I think this woman should be suspended and forced to undergo some kind of training so she never does anything like this again. I may be overreacting but it terrifies me to think that my daughter could've died because of this woman's mistake.

Answer:
 You can talk to a medical malpractice attorney. Given that your daughter's outcome would have been exactly the same no matter what the nurse did, I suspect you'll be disappointed by that conversation.

You can also complain to the school administration. Answer #2: I think you might be overlooking the best possible thing is what happened to your daughter. Let's say the school nurse checked her pulse, decided it was fast and let her "rest quietly" while waiting for you to come pick her up.

I'm an ER nurse, so not an expert on school nursing, but without a cardiac monitor, critical care or emergency experience - or pre-existing knowledge of your daughter's apparently until now unknown cardiac diagnosis (made by a cardiologist), she could have died with no quick-thinking teacher seeing her collapse in a hall; just quietly on a cot in the back of the nurse's office.

It isn't ideal, but the alternative is horrendous. Also, having every child treated as suffering potentially life threatening arrhthmias when faced with some test stress is going to not lead to great outcomes either.Answer #3: Yes you're overreacting. I understand because I'm a protective mom too. But the nurse had no reasonable expectation of anything serious. Her conclusion of anxiety, while wrong, was completely plausible under the circumstances. Even if she had recognized it, your daughter, and any other child, would've still collapsed. I'm sorry for your stress, but thankful for your daughter's survival. Best wishes


Title: What is the proper way to turn in a handgun that is not registered to you. A bit of a tricky situation I need alittle help with

Question:
So a very close friend of mine purchased a handgun with the intent of using it to commit suicide. He decided not to last second and came to me to take him to a mental health facility so that he could get the help he needed. However the situation is that he left his gun in my possession to "handle". I'm not sure the legality of the firearm I just know that it's never been fired and he had the instructions and everything that comes with a new gun so I'm assuming he bought if from a legal dealer ... However it is not registered to me , I really have no interest in putting it back in his hands after he's released from the hospital.

What's the proper way to go about this? Can I take it to the station tell them the story with no names and turn it in anonymously? I'm really not looking to get him in more trouble ( considering his history with the most local police  force or his current mental state) or myself for that matter if it was purchased illegally , if he doesn't have a license ect. There looks like alot of red tape here and I'm not sure what to do or even how to go about it when I do know what to do.

I'm sure if he wanted to keep this that he would have ran it home before coming to me as uposed to bringing it to me , if he wants to be mad at me for turning it in he can be , he's suicidal I'm not putting a gun back in his hands immediatly on release from the hospital ...I just don't know really where to go from here

Answer:
 There is no registration or permit required to possess a handgun in Indiana. So long as you are not a prohibited possessor (a felon, wanted for a crime, etc) there is nothing illegal about you having a handgun.

If he gave it to you, you can do with it what you like. Sell it, give it to the cops, throw it in a river, whatever.Answer #2: The easiest way would be to hand the gun to a lawyer, tell them your situation and ask them to turn it over for you. Given your situation, I can't imagine this costing much (probably free) and they'll know how to do it correctly without you getting into any trouble. Answer #3: Try googling your local jurisdiction to see if they have a program for surrendering firearms, then call ahead if they do. You don’t want to open carry a gun into a police station if they don’t know you’re coming.


Title: Civil Lawsuit can jail be given?

Question:
Using fake names, let’s say a man named Aaron has 2 civil lawsuits against him in the state of Oregon and California. Aaron has been served and hearings begin in 2022.

Aaron created an unregistered financial company and portrayed it as a way to rapidly grow investors money. In total, around 2 million dollars was taken from about 8 investors, and none of the money has been returned.

Aaron spent the money on planes, cars, travel, and new homes. While faking earnings and portfolio values to keep investments coming in. When investors asked to withdraw money, excuses were made then communication was cut off.

The court filings show complaints for Fraud, Breach of Contract, Securities Law, Theft, Breach of Fiduciary Duty, Penal code 496, Conversion.

The court filings show the plaintiffs are seeking back their original investments + 10% per annum since the fraud began.

Can a civil case lead to jail time? If Aaron does not have the money what might happen? Will court take assets if he is found guilty?

Answer: The terms "theft" and "penal code" refer to criminal charges. It is possible that both criminal and civil cases will stem from the same incident. Civil cases don't lead to jail time on their own.


Title: If I partook in some illegal activities, and need to talk to my doctor about it, will he report it to the police?

Question:
(U.S.) I've possibly gotten drunk for the first time over the summer (19), and all of a  sudden I've possibly been having symptoms of possible alcohol intolerance, if I go to my doctor and ask about it, would he send me straight to the police?

Note: it is not a hangover, I am positive on that

Answer: No, he's not going to report you for drinking.


Title: Can an ISP legally inject ads / promotional material into webpages?

Question:
I live in the United States, specifically New Jersey. Recently my ISP has started to inject promotional material into webpages that I look at. This means at the top it has a banner that provides information about a new service they are offering. The ads appear on multiple devices (including iPhone) so I have confirmed that it isn't a local virus or malware. The ISP has admitted that they are doing this to me over the phone. From what I gather, multiple people have submitted FCC complaints but the representative claims that it is legal for them to be doing this.

While for some people this wouldn't be a big issue. The problem is that when I am working from home and it appears on a specific display device. I can't close it like a regular device so it forces me to have to use a network wide VPN to prevent the popup.

Is this legal?

Answer:
 Yes It is legal. You can use a VPN to avoid this. Answer #2: Are they doing this to all sites or just sites that don't use SSL?

They shouldn't even be _able_ to do it to sites that have SSL without breaking things (SSL lets you know if someone tampered with the webpage, and modern browsers will make it very obvious). If you see it there anyway, try checking your computer and browser for malware. Some extensions allow people to inject ads into the browser that way.Answer #3: What ISP? Usually there is an opt out option for something like this.  Or they are doing it to their DNS and the fix is as simple to changing to another DNS provider.


Title: CA - Was served by my ex-wife tonight with a retraining order that includes my children. They are staying with me this summer. Am I legally not allowed to see them again until the hearing?

Question:
I just got back from dropping my kids off at my parents. We did our usual bed-time routine just at my folk's house. When they fell asleep I left.

I was served with a temporary retraining order from my ex-wife and it was granted. But also granted was the bit that includes includes no contact with the children.

After reading that I rushed them over to my parent's. This is the second time my ex-wife has filed a restraining order on me. The first time the temporary order was not granted and she failed to appear in court so it was dismissed without prejudice. Her only new claim is wholly fabricated but has the backing of her new husband who has been coming to the exchanges for months now.

Except for a week that ended on Sunday I have had custody of them the entire summer and have made plans with them for the rest of the summer.

I am going to speak to a lawyer tomorrow but I just can't wrap my head around not seeing my kids while they are in my custody per our custody agreement and in my city. Ex lives three hours away in a different county and filed there.

Also, I don't know what to do about the kids. My mom is great but she's pushing 70. Dad is nearly immobile. My kids are 5 and 3 and a handful at the best of times. My sister can help out a bit but she has kids too and a demanding job.

You're welcome to read my comment history for more restraining order shenanigans from my terrible, horrible, no-good, very bad ex-wife.
Topic:
Custody Divorce and Family

Answer:
 The standards for obtaining a temporary restraining order can be fairly low, and there's a good chance she didn't disclose the fact that the children are currently in your custody.

Regardless, you must comply with the RO, at least until you are able to speak with an attorney.


Title: [CA] Company merged with another. Now being asked to sign a "filming release form".

Question:
The document is worded in a way that implies my continued employment is contingent upon signature.

Doing photo shoots, or being in films has nothing to do with my current duties (engineering).

It's clear that this is _not_ about security cameras, but for advertising / media use.

    For valuable consideration received, I hereby grant to <REDACTED> (the “Company”) and those acting with
    Company’s authority and permission, the absolute and irrevocable right and unrestricted permission to
    copyright, in its own name or otherwise, and use, reuse, publish, and republish photographs, pictures, or
    any media of me or in which I may be included, in whole or in part, without restriction as to changes or
    alterations, or reproductions thereof in color or otherwise, made through any medium, in any and all media
    now or hereafter known in connection with the Company and Company’s products and services. I also
    consent to the use of any printed matter used in conjunction therewith.

... there's more, which basically says "you have no rights."

Am I required to sign away my privacy rights in California upon the condition of continued employment?

Answer:
 Get used to it. More and more companies are making this part of their standard paperwork.

One, no one wants to waste time combing through every photo of the company holiday party and picking out the ones where 1/3 of Bob's face is visible because Bob is persnickety about giving his employer the right to use the stupid photo in the company slideshow and recruiting documents.

Two, no one wants to continue to employ Bob once he's proven himself to be this persnickety person because today it's the stupid photo release and tomorrow it's complaining that he's too distracted by Sally's cleavage and the day after that he's getting into fights about who spends how much time at which water cooler while he's "working hard" (i.e., stalking Sally on Facebook because online voyeurism is the closest thing he has to a social life -- never mind having a casual conversation with a coworker at the water cooler unless, of course, it's Sally).

Don't be Bob.


Title: Is being diagnosed bipolar grounds to lose your teacher's license? [Texas]

Question:
My mom is showing all the signs of being bipolar, and I think her family doctor is about to refer her to a psychiatrist. Her doctor wants me to go to the appointment with her to check her answers to some questions about her behavior. My mom is 100% convinced that a bipolar diagnosis on the record would cost her her teacher's license. But obviously ignoring the problem would be really dangerous (she's currently on a 5 day and counting manic episode) and would probably be worse for her record than voluntarily medicating anyway.

I think she's going to flip out at me for answering her doctor's questions truthfully. I googled this question, and it looked like a lot of teachers shared stories about being bipolar. Just curious if anyone is specifically knowledgable about this.

Answer:
 It's the opposite. This would be a pretty clear cut case of disability discrimination.

But also, your mom's employer shouldn't ever know she's received a diagnosis unless she shares it with them.Answer #2: Bipolar teacher (though not schoolteacher) checking in. She has some protections under the ADA (bipolar is a recognized disability under the ADA) and can not be fired simply for the diagnosis.

As others have said, if she does something bad or unsafe she can be fired, even if the cause is her illness. So she can be fired if the symptoms are not managed properly, which should be even more of a reason to work with her doctors, take her medication consistently, and stay in therapy (or start if she hasn't already).


Title: On my way to get overdue insurance, accidentally tiny bump guy in front of me. Now he's trying to blackmail me.

Question:
So, I was on my way to reinstate my insurance because I hadn't had money in awhile. I was stuck in traffic, nobody was moving. Then a drink spilled over into my passenger floor and I went to go pick it up. I accidentally left my foot off the break for a split second and I tapped lightly into the person in front of me. I didn't mean to.

He motioned me to follow him to the gas station ahead of as we started moving. We pulled in and he's a self-proclaimed Actor. (He said that was his occupation.) He didn't look hurt or ruffled, he was rather cheerful. He didn't have ANY damage to his vehicle and none to mine. I took photos of his car, my car, and his ID. Even exchanged driver's license photos.

He said that he's probably not going to claim it because it wasn't a big deal. Nobody got hurt and no damages. So I thought: "Cool! Whew! We dropped it." We went our separate ways.

I went to the Insurance place that day, they weren't open and had forgotten that it was Sunday. So I decided to wait till the next day. I went and got a new Policy with the insurance company. Everything was cool.

A month or two passed. Totally forgetting about the accident, moved on. Then out of nowhere, the guy found me on Facebook and said he had put in a claim with his Insurance: Geico. He said that he had to go to the doctor and he had hurt his neck and then proceeded to tell me he had to replace his whole back bumper. Which is bullshit because there wasn't even a scratch!

He said his insurance has been trying to contact me and I was unaware of it. I don't answer numbers I do not know because I do get a lot of scam calls. I don't even remember my voicemail password. So I said I would call Geico and get it handled.

So I called. Got told that the investigation is closed and that they tried to send me mail. I didn't receive any. So I gave them an address. I'm waiting on their mail to go through the proper channels to correct the mistake. I will own it.

Then cut to today: This guy contacts me again, he's getting impatient, I told him I want to go through the proper procedures. He said he needs the money to make up for using some of his retirement money on the doctor and bumper replacement. He said, "You can send me $450 and I won't report you to the DOL and have your license suspended until its paid. It wouldn't hurt to have a little more money for compensation."

I explained to him that I am sorry about the situation and that I am waiting Geico and would much rather do this properly. Especially since he's the one that put in acclaim for a TAP...

So my question for anyone who is a lawyer or knowledgeable about these kinds of situations...

What is my BEST course of action here? I am aware I was in the wrong bumping him on the way to the insurance place. I understand that it's stupid driving without insurance even for a second. However this is the situation, I'm trying to solve it and I feel like he's either BLACKMAILING me or EXTORTING money from me.

Is there anything I can do?? (Also I live in Washington state.)

Thank you!!

UPDATE EDIT:

I just received Geico's mail from the small accident, they took his ENTIRE bumper off, even though there was clearly NO damage. Not even in the least. They gave him a new one supposedly.

On top of that, a doctor visit because he wanted to see if there was any "injury" to his neck.

KEEP in mind that this accident was a GENTLE tap while in non-moving traffic. No damage to either car.

I don't mind taking responsibility for this. That's totally fine because it's my fault. I want to do this through the proper channels. So, I even gave him the courtesy of letting him know that I got the papers from his insurance and that I will take care of what they gave me. He responded with:

"To Geico or to me? Because I don't believe those are the same thing."

I haven't responded yet and I don't even think I will. Is this even legal for him to blackmail me for money on top of paying the insurance company? He claims if I don't pay him outside the insurance, that he will take me to court. Which I actually find laughable because I would LOVE for him to explain to a Judge that he was trying to extort money out of me outside the proper channels over a GENTLE tap in non-moving traffic.

So... JUST to cover my own bases and be sure that I'm okay. I need legal advice on what to do from here. THANK YOU! You're awesome.

Answer:
 > "You can send me $450 and I won't report you to the DOL and have your license suspended until its paid. It wouldn't hurt to have a little more money for compensation."

Uh... what now? That's not how this works. He's trying to chisel you for $450. Keep a record of that correspondence. If their insurance gets squirrely, you can send them the correspondence and state "Your client is clearly attempting to acquire additional funds that he's not entitled to; this is part of a pattern of dishonest behavior."

He can't contact DOL and have your license suspended. That's not how this works, at all. They're a government bureaucracy that responds to government entities (like police that write you for DUI and the like). They won't give a shit (let alone two shits) about some random citizen calling them and claiming he got in an accident with you. The first words out of their mouth will be "Please file a police report" followed by "If you don't wish to, it's a civil matter."

You're fine. Let the insurance handle it.


Title: Los Angeles, CA - I interviewed with a startup online video company a few months ago. I had to pitch ideas to them. Long story short is I didn't get the job and they stole one of my ideas and made it, what do I do?

Question: They asked me to pitch series ideas, today I went on their facebook and from the content, to the title, they copied it verbatim. I still have the email correspondence and the pitch, do I have any legal recourse?

Answer: There's nothing in the way of protection for mere ideas that are freely and voluntarily given away.  You're encouraged to seek the opinion of a real life California attorney, but I'd honestly be surprised if he or she told you any different.Answer #2: If you do go for an attorney, you would want to look at an intellectual property attorney. Though I doubt you would have any real legal recourse since you haven't actually acted on this idea.


Title: Supremacy Clause Question?

Question:
Hello,

I have a question about supremacy clause conflicts. If a state passes a law that prohibits something (for example, talking on the phone while driving) that is not addressed in the US Constitution explicitly? Is it in violation of the Supremacy clause or would the state defend its choice to pass that law by interpreting some part of the constitution to justify that law getting passed? For example, while it doesn't explicitly say "no using your phone while driving", in the Constitution, but it does say "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility...do ordain and establish this Constitution for the United States of America."

Some legislators and judges may consider "justice" and "domestic tranquility" to mean being American citizens driving on public roads without the fear of being put in harm's way by some distracted driver.

Also, what about the reverse? What about when a federal law distinctly prohibits something, but a state passes a law permitting that same thing? I can't think of an example, but it seems to me that this type of legislation would get struck down pretty quick if it's actually mentioned in the Constitution. But, I could see how maybe the state could say something like, "yeah, the Constitution prohibits this thing explicitly...but another part of the Constitution kind of contradicts that part, so we sided with the one we like". What would most likely happen in this case?

Answer:
 Under the Tenth Amendment, the powers not specifically enumerated in the Constitution are reserved to the states. Meaning if the constitution doesn't talk about it, the state can make up whatever law they want.

Supremacy just means that if there is a conflict between state and federal law in the same area, the federal law can still be enforced.


Title: Let’s say an attorney in California decides they want to divorce their husband or wife. In order to gain the upper hand in their custody battle they falsely accuse their spouse of abuse. This leads to their spouse being arrested, charged and the attorney now has to testify at their criminal trial.

Question: Their testimony proves to be contradictory and inconsistent. Impeachment witnesses prove the attorney committed perjury.  Spouse is found not guilty of the charges. What State Bar rules did the attorney break? Is the attorney subject to discipline?

Answer: It's probably more efficient to complete your own homework.


Title: (KY) A psycho slammed a metal chair into my car. What are the steps I need to take to obligate this person to pay for the damage?

Question:
This may be hard for some to believe, but such is the nature of reality sometimes.

I stopped at a bar for a drink. Some people at this bar who are close with the owner do not like some of my opinions that I share on Facebook. I'm minding my own business, sipping my drink, and I'm asked to leave. I follow this instruction without giving a moment's fuss. As I'm walking towards my car, the individual (who it can be safely assumed inspired the call to action to have me kicked out of the bar) begins to make a move towards me. He gets held back by the bouncer who can see that he wants to fight with me. He verbally berated me as I opened my car door and got in. I start the car, put it in gear and "bam!" a metal chair gets slammed into the side of my car. I get out of my car and yell to the bouncer to keep him back while I call the police. When he realized that the police would be showing up very soon, he leaves.

Police show up. I tell them what happened. I get the bouncer to corroborate my story, which basically goes: I was asked to leave, I did so without fuss. As I was leaving I did nothing to provoke the psycho person and he hit my car with a chair and then he left.

I do not have a copy of the police report yet. I'll be getting that as soon as I can. It should contain his name and what he was wearing. My hope is that it is written in a factually accurate way which I described above.

Let's say that the police report accurately characterizes the situation. What is my best course of action to have him pay for any and all costs that I will incur in the course of getting the big dent in my car fixed?

**Edit**: Additional question: Will I need to do any sort of verbal dance in court should the psycho person bring up the fact that I was having a drink and on my way to my car?

Answer:
 You sue him. Potentially in small claims court depending on the total cost of repair.

And what the heck are you posting on Facebook that has made you so infamous that people want to fight you?


Title: Teacher gives detention to students for saying the lord's name in vain. Is this illegal? MA, USA

Question:
My niece is in middle school, and when I went to visit my sister this week she told me about her science teacher apparently getting very angry about students saying god's name in vain (Jesus Christ, oh my god, stuff like that), apparently even giving detention to students who do so.

Right now my niece treats it more as her being just another weird teacher than anything, so nobody is really following it up, but her mother was slightly interested to know if anything could be done if and when it became an issue for the girl.

Answer:
 Public or private school?

In public schools the general standard is that students have First Amendment rights to make statements that are not materially disruptive to the classroom environment. A statement like "Jesus Christ" or "oh my god" could be disruptive if shouted, but if the detentions are being handed out when the statements are just made in passing and there is no real chance of disruption, your niece's parents should contact the school administration and demand an immediate stop to the practice.


Title: Mother and son housing dispute

Question:
I am found myself in quite a pickle. After I got out of the military, my mother was struggle to hold down the house. In response to this, I was trying to be a good son and help her. So we did a VA home loan refinance of the house under my name only and I moved in. I was paying 75% of the mortgage as my rent among other expenses. The idea was that I was going to be given the house and eventually I would help her get a condo where she chose. Because I trusted her, I allowed her to pay the bills out of her account that I would add money to for the last 4 years. We got into quite a dispute and are not on good speaking terms. I decided that the only way to resolve this is to sell the house and I would take my investment out.

This was not agreeable as she was not "ready" to move yet. She decided to get a lawyer and he essentially said that I have no recourse because no bills were paid out of my accounts and we had no formal rent agreement. I am working on moving out of this toxic environment but I wanted to do a little preliminary exploration before I decide to seek legal representation. I don't, feel comfortable with the house in my name but with my mom paying the mortgage. I feel as though she could punish me by not paying the mortgage and it would ruin my credit. Is there any way for me to get the house out of my name immediately? Secondly, is it true that I have zero rights to this house? Finally, she said she would sue me if I took any of the money, is this possible? Any information would be useful.

Tl;dr House in my name, mother pays the bills from her account that I put money into. Says I have no rights to sell or retain any money from it. Help.

Updating 1: Thanks for helping me think clearly commenters. I contacted a lawyer for a free consult and he essentially says that at the very least I must not allow myself to be vulnerable to her ruining my credit. I will be meeting Friday.

Answer: Well first off, don't take advice from someone else's lawyer. Who is the legal owner of the house (i.e., who is on the deed)?Answer #2: Is her name on the deed?


Title: Landlord has been avoiding me after I broke my back on the steps(MI)

Question:
I live in Michigan in a decent sized apartment complex. At the beginning of February as I opened door to go to work there was about a foot of snow on the top floor and on every step down. The complex did not lay down any salt the day before when it started snowing, so i grabbed onto the railing and slowly walked down. The stairs are half metal and half concrete and once i got to the bottom and the stairs turned to metal, my legs slipped out from under me and i landed on my back on the edge of the steps. They didn't plow the snow the parking lot for till the next day, so i missed work and was stuck in home. By the next morning my back was killing me, so i went to the doctors and got x-rays, my doctor instructed me to go to the ER. In the ER i received a CT scan where they determined that i fractured my L5 vertebrae. I went to an orthapedic doctor who also confirmed my injury and told me i cannot work till it heals. I have been on short term disability since February 6th and filled out an accident report with the landlord to be sent to their corporate office. My landlord said they will call me in a day or 2. Three weeks later, i still do not recieve a call, so i contact the landlord again who says she will call really quickly and call me back with what they need from me. She never called me back, so on the following monday i called yet again and asked for the direct number, which she gave me and i called and left a message. It has been a week and i still have not heard back from them. Although I have health insurance, the doctors appointments, physical therapy, and lost of 3/4 of my pay, money is getting tight. Are they legally obligated to comply with me as i was injured on their property, outside of my apartment? Or should i probably just consult my insurance or an attorney? Thanks.

**tl;dr Broke my back on the steps of my apartment complex, they are avoiding my calls or requests to discuss compensation.**

Topic:
Personal Injury

Answer: You need to consult with a personal injury lawyer. If the LL has insurance they should settle the issues, if not you can sue the LL in court.


Title: My Dealership incorrectly installed an engine and it started smoking. Returned my car with a popped tire and damaged wheel. They refused to accept responsibility.

Question:
My car had an engine warranty.

The first dealership I took it to installed the engine incorrectly.

Engine started smoking after 338 miles.

Turns out, they shoved the engine hoses into the wrong place and clamped/screwed them in when they were supposed to use a spring.

The guy who fixed the issue said he was surprised it lasted even 300 miles before it started smoking.

My concern is that I might have engine problems in the future because of this incident.

I don't want to press charges, but legally - is there a way I can hold this dealership accountable for their actions (in case my engine does indeed fail on me).

Answer: You don't 'press charges' in this case, they didn't commit a crime. You have a civil case against them. Go to another mechanic, get a full diagnostic and quote to repair all the damage and demand they pay to put you back your car to it's undamaged state. Otherwise you'll have to take them to court for the damage done to your car.


Title: Tax refund garnished for my defaulted student loans, but it's husband's income. Help!

Question:
Location : NJ

My husband currently makes the money, I work part time and am home with our toddler. My student loan is in default, I've ignored it due to my own bullshit issues and being pretty broke. Our federal tax refund was taken as an offset. Can I get any of it back? We need that money and I'm panicking. I called the company that holds my debt and got on a payment plan, but they weren't able to help me with the garnished tax part, I was told there's a form on the dept. of education's website, but I can't find it.

Answer: Did you file jointly?  This was a federal student loan, yes?


Title: Standard Pro-Bono Contract for Injury?

Question:
Hello (Hopefully) Real Legal Professionals,

I was wondering if anyone familiar with injury could tell me if this sounds above board or not. Personally, I think it's absolutely absurd and I don't know how this can possibly be real, but then I remembered it's the US court system so I figured maybe one of you could shed some light.

The thing is ongoing so I'll leave out details but basically someone I know was injured by a company cutting corners, it got somewhat public and a few of the local attorneys offered to take on cases pro-bono.

I look at the contract and the fee for legal services is 33.33%, okay that's really high but I can understand, given that they're taking a risk and investing their time and money. Then the contract states that the signer understands that expenses and fees will occur during the course of the investigation and that these will be paid to the attorney after the 33.33% has been deducted. So let me get this straight, this company is probably not going to roll over immediately and will drag it out for a while, meanwhile the attorney can just add up 'expenses' at his/her discretion?

This literally sounds like the crappy plot of an old school cartoon, "Well actually 1/3 of the payout was deducted before the ink was even dry, so it's basically like it never existed, but before you get the remainder we need to settle up for all my billable hours, gas, parking, food, and my reject son who I brought on to help over the summer, he had a *pretty* plump salary and benefits package, so you see.. you actually owe me money!"

Also, I get that they need to see medical records related to the claim but why are they asking for full unbridled access to everything? I've never seen such a comprehensive list of medical tests and procedures. It doesn't really matter for this person, but I wouldn't give anyone access to that stuff, I don't want my deep-sequenced genome being leaked online because the lawyer decided to watch porn on their work laptop.

Also, why do they want unfettered access to previous employers and employment information? This incident wasn't work related (and in fact this person has been permanently disabled for many years) so I fail to see how a persons pay stubs from 15 years ago are significant.

Any help you could give in understanding this crazy, crazy world that you must somehow enjoy whilst you navigate through a linguistic's heaven and a literal(ist's) hell.

Answer:
 This isn't "pro bono," it's a contingent fee contract.  The attorney is taking a chance that very little or nothing will be recovered.  33 percent of nothing is nothing.

It is standard that costs are separate from fees.  Those should be itemized and available to the client for review, and they are also supposed to represent actual hard costs.  The attorney gains nothing by increasing the costs except the risk they will lose more if the case doesn't pay out.

The attorney needs to have a complete understanding of potential damages, which includes both medical records and work history.

If they client doesn't trust this attorney, they should not retain them.  If they do retain them, they must be prepared to cooperate fully, because the attorney knows what they need and the case needs, and the client does not.


Title: [Nevada] Local gas station has items that ring up as a higher price than what is displayed on the shelf. They won't correct it. Do I have recourse?

Question:
I frequent this gas station because it's close to my office. Last week I started buying sour punch straws. The price on the sticker is $1.19. The second time I bought them, I noticed that the register charged me $1.35. I said something to the cashier, he went over and verified the price, and picked up a pack of cookies that was $1.19 to charge me with. This same thing happened the next four times I went to this gas station, with different cashiers and different outcomes. One time I ended up getting my fourth pack free, and the most recent time, the guy told me there was nothing he could do and to come back in the morning.

It's annoying that this keeps happening and no one is fixing it. It's lazy at best, and a deceptive business practice at worst. I spent last night researching statutes pertaining to item pricing and found things for other states, but not Nevada. A Michigan statute required a refund and a penalty payment, and gave the right to sue for $250 in small claims court. More importantly, this store could be doing this for other items and doing it intentionally, and that's not okay.

Who can I complain to? Who investigates this type of bad business practice? If anyone could help me find the Nevada statutes (if any) that cover this, or has advice for how to move forward, I'd appreciate it!

**tl;dr - Gas station has at least one item that costs more at the register than it does on the shelf. I've notified several employees, but no one has fixed the discrepancy. Is this illegal?**

Answer:
 Have you checked to see if this is a consistent practice by purchasing something else? Could just be a mislabeled product or the product was incorrectly entered into their POS system. But if you really was to file a complaint, contact the Nevada Attorney General. They investigate fraud and deceptive business practices. http://ag.nv.gov/Complaints/File_Complaint

Edit: NRS 598.0915 defines general deceptive business practices in Nevada. http://leg.state.nv.us/NRS/NRS-598.html


Title: Can I sue my parents for abuse as a child?

Question:
When I was small with my sister she used to beat us with sticks, hangers, etc. like we would bleed and shit. Will there be any reprehensible outcome ? Not that I’m gonna sue them but is it possible? Or will it just get tossed.
Topic:
Other Civil Matters

Answer:
 > Can I sue my parents for abuse as a child?

Yes. But they will have defenses, including possibly the statute of limitations.

> Will there be any reprehensible outcome ?

I have no idea what you're asking. They won't be put in jail, if that's what you mean.


Title: [OH] I'm considering letting an online friend move in with me. If we don't get along living together, what kind of legal complications may I face?

Question: [deleted]

Answer:
 Someone looking to get away from home and can't afford to live on their own and hopes some random person they've never met from the Internet takes care of them for free sounds like a terrible choice for a roommate. You'll never have any expectations for getting money out of them, they'll have no skin in the game so damages and stuff will all be on your head.

Hopefully they are completely above board and don't have any friends/boyfriends/girlfriends that will need to crash for a few months or rip you off when they hang out. Maybe they won't drop out of school and just hang in your living room 24/7 playing video games on your system. Maybe they'll put the dishes in the dishwasher and take out the trash or maybe they won't know how. You could get lucky but I'm not going to bet on it.

How long do you want to play mommy to some stranger? If by 21 this is the best plan they can come up with, at least you know what you're getting into. Which is supporting a stranger until you have to evict them.


Title: Meeting Through Reddit

Question:
So I met someone through /r/dirtyr4r who lives in my city. She is sending some pretty raunchy pics.. wants to meet up and wants me to send some back.

What is the legality of meeting explicitly for sexual purposes over the internet? What is the legality of sending dirty pictures to someone you met this way?

She is 22 and I am 27... I know that I'd have to be careful in other regards... but the whole thing seems a little To Catch A Predator-esque.

Sorry I'm in New York City

Thanks

Answer: You should be careful about this, man. Saudi Arabia is still pretty strict about sexual offenses. It'll be worse for her than you, though.


Title: They arrested me for crimes I didn't commit, dropped the charges, but the aftermath is screwing me over. What can I do?

Question:
Created a throwaway because my real username includes my last name in it. So anyway this happened in Appleton, WI back in 2010. I was arrested for assault and battery and two burglaries that had occurred in a nearby town. After hours of interrogation (I had no idea what the hell they were talking about and kept repeating this) they finally took my fingerprints, snapped my mugshot, and shipped me off to the county jail. I was in jail for 2 days before they released me, because WOW, turns out they had the wrong guy!

The real guy was finally arrested. It's crazy but he and I could pass as brothers. We're the same height, same body weight, same black hair and green eyes. We're even the same age. So yeah I can see how sloppy police work ended up in them wrongfully arresting me.

Since then there has been an article published about my arrest and what I was being charged with. My arrest record and mugshots are all over the internet when you Google my name. The newspaper that originally published the story on my arrest later updated with a new story stating all charges had been dropped against me and the real suspect was in custody. However, all the 3rd party websites that republished the newspaper's original article don't have the updated story, so it still looks like I'm the guilty one. I've been let go from jobs after people Googled my name and found these stories and records online. I don't know what to do to get this fixed. I don't want to pay $500 for some service that may or may not remove my online records.

If you run a background check on me with my SSN or check the circuit court website, I have a clean record. But if you just Google my name, you see my arrest record from 2010, my mugshot, and the accommodating articles. Is there ANYTHING I can do about this? It's screwing up employment opportunities for me as well as the potential to move into management. No jokes, I had an old employer tell me he couldn't promote me because as a manager I would be dealing with clients all the time and he didn't want people dropping their accounts when they looked up my name.

TLDR; I was arrested for crimes I didn't commit, charges were dropped, but my arrest record, mugshots, and online articles about the arrest are still circulating the internet.

Answer:
 You need to use SEO services to flood the web with stories of your innocence, incorrect arrest, and your exoneration.Answer #2: I hate to suggest this because it's awful, but your best recourse might be a name change. There's really nothing you can do to remove those stories from the web unless you live in Europe.Answer #3: I know this might sound weird.... but have you thought about creating a website that describes what happened, tells your story and shows the pertinent pictures side by side. Have scans of court documents (...ect) and other pertinent links to show your case. (As for the pictures of you versus the other guy, make it ONE picture via photoshop so that a click shows BOTH pictures side by side.) The idea is to make it *easy*  for people to research you. I know it's not fair that you have to prove innocence,  but this might help.

I'm not sure if it would work but at least your story would be out there when you are "googled" (share the link with your friends via social media so there is "click" traffic.) Also having a public internet "billboard" might help employers see that you have nothing to hide.

Just my 2¢, GOOD LUCK!


Title: (FL)My coworker was forced to remove her crucifix when everyone else was allowed to wear jewelry, was that legal?

Question:
I work in a public middle school cafeteria. Jewelry is allowed except for ring that are more than just a simple band.One of my coworkers is catholic and she wears her crucifix every day and has since she started working her in August.

Our bosses supervisor did an inspection on Friday, he came up to my coworker and demanded that she take off her crucifix, when she asked why he said it was offensive and if she didn't remove it immediately she would be fired, he also told her that she can never wear it to work again. When all of us(our boss included) argued that it's not fair since necklaces are allowed, he threatened to fire all of us.

Our boss is brand new, she has no idea what to do.

Isn't that religious discrimination? Can we report him to someone?

Answer:
 I gotta say, I find it very hard to believe this story played out like this. It is absolutely illegal discrimination as presented. The supervisor would have to be monumentally stupid to say those things.Answer #2: She can go to whomever acts as HR in public school systems Answer #3: The Anti-Defamation League indicates that she may be allowed to wear it.

http://archive.adl.org/religion_ps_2004/expression.html#.V868BDT3aJI

88 See United States v. Board of Education for the School Dist. of Philadelphia, 911 F. 2d 882 (3rd Cir. 1990). See also Cooper v. Eugene School Dist. No. 4J, 301 Or. 358, 723 P. 2d 298 (1986), appeal dismissed, 480 U. S. 942 (1987).

A TampaBay newspaper offers some more insight.

http://www.tampabay.com/news/education/k12/few-hard-and-fast-rules-when-it-comes-to-religious-symbols-and-schools/1120386Answer #4: Does your coworker interact with students? Also, is the crucifix gigantic and in-your-face, or small and unobtrusive? Since public schools are a government institution, faculty cannot appear to be endorsing one religion over the other. Faculty is allowed to wear religious jewelry to a point, but it can cross a line of it's large and distracting.


Title: Hiring under false pretense

Question:
I will try to keep this brief. I’m also going to add that legal stuff is very foreign to me.

My wife has her masters in the Mental Health Counseling field here in NY. There is also a license that goes with her career which requires 3,000 hours of supervision to become fully licensed. Once licensed, she will have more room for growth and a higher paying salary wherever she may end up.

She started her hours immediately and earned 1,500 hours between two jobs.

Here’s where it’ll be hard to condense it all and be brief. I will do my best.

She moved to a new job, better paying, benefits, work environment. She made sure that there would be supervision available to finish up her licensure. She accepted the job, submitted all her paperwork to HR and the State of Education to continue logging her supervised hours. She completed her hours about 7 months ago and this is where things started to unravel.

She was wondering where the State of Ed was in processing her hours and began corresponding with them. They were confused because the log of hours my wife submitted of her supervision were already denied due to a corporate waiver expiring .

A little tangent but my wife was now pregnant with our first and we planned to have our first kid only when she had finished her hours.

Come to find out during the last few weeks of her maternity leave that her (and another coworker in the same boat except he started at 0 hours) hours did not count due to the companies waiver to supervise anyone for their licenses expired. It had, in fact, expired many months prior to my wife even being hired.

A blessing in disguise is that she has accepted a new, better paying job.  A friend who works there is certain she can log her hours and my wife will be putting in her 2 weeks at her old job soon. The downside is that she is now having to start back at 1500 hours and also has to pay for an extension on her limited permit for her license.

Also the coworker of her has also quit.

Is there any kind of legal action for compensation for the loss in time, she the fact that we made a huge decision to have a child under the assumption she was finished with her supervision? Can a lawyer represent the two of them to save costs on lawyer fees?

Thank you for any and all advice.

Answer: What steps did she take before starting the job to "make sure" the Office of Professions would accept this employer's supervision hours, and how much info did the Office of Professions give her (and when) about the waiver that was in effect? I am wondering whether she relied on information from the Office of Professions (or the prospective employer) before accepting the position as would seem to be her responsibility.


Title: Gaming website attempting to take £4k+ from my Debit Card

Question:
So i was on a skin website and i spent like £50 on a skin and the site wouldn't let me withdraw because i didnt verify my account,

so i raised a query with customer support asking whether its possible to take my skin out as i paid for it, then i went into my inventory and literally had atleast £10k worth of skins randomly in my account...

And then lowe and behold it let me withdraw 4 of them, ill not get into names but altogether they were worth £4,000.

Next thing i know my inventory is completely wiped.

So i got 4,000 from this site but then lost all my skins including the ones i paid for :Z

Then i got a deleted my account in anger and got a message from my bank saying there's been an unorthorised transaction of 500 from my bank so i said i didnt make it and my bank hasn't replied...

&#x200B;

What can they do?

The items were in my account so can they do anything about me withdrawing them???

Answer:
 The next honest skin website I find will be the first honest skin website I find.

You, them and every other user of that website are violating the terms of use for the games you are trading skins for - that "£10k worth of skins" is worth zero if the game cancels the accounts that try to use them.

Talk to your bank and try to avoid future charges... but be wary of whatever contracts you agreed to, since those fees MAY be legitimate.Answer #2: 99% chance your banking information is no longer safe.

Stop spending money on sketchy third party gaming websites. Or at the VERY least, pay with a prepaid credit card that was purchased with cash only and doesn't have your personal info attached to it


Title: MO - Accident causes by dog in road

Question:
Missouri

I witnessed an accident this morning and I'm curious about fault.

5-lane road, dog wandering around the middle. Dog wanders into the westbound lane. Car A, traveling in that lane, comes to a stop to avoid hitting the dog. Car B seems to be speeding and does not notice that Car A is stopped, and slams into Car A.

Does Car A have any liability for being stopped in the middle of the road, or is Car B fully liable?

Just curious. Oh, and the dog lived to cause chaos another day.

Answer: Car B should always be following at a safe speed, and distance. Car B would be fully liable.


Title: They just recently found William Kidd's treasure and my friend happens to be his direct descendant. Does he have a case to get some of that gold?

Answer:
 IANAL, but are you really asking if a pirate's descendant has rights to stolen treasure?Answer #2: While there are maritime laws and procedures that have influence here, let's play the "descendant" game. There are a lot of people who might claim some of the treasure, including the descendants of the people who Kidd, a pirate who was eventually executed in 1701, stole the treasure from. The descendants of the crew member he murdered might want to claim something, too, for wrongful death. As well as the descendants of the crew members he tortured.

To put it more simply, if I rob a bank and then die, do my great-great-great grandchildren get the cash if it's discovered centuries later? Answer #3: He never had title to the stolen goods, so no.


Title: Husband won the trial and the accuser is still harassing him

Question:
MI

This is a really long story, so I’ll try to keep it organized.

Basically, this all started when my husband was arrested at the Canadian/US border. He was pulled out of our car and detained in front of me. We had no idea what was going on, and we were coming back from a funeral. We have never had trouble with the law so it was particularly terrifying.

A few days before, he received a summons in the mail to appear on Tuesday. This was the Monday before. His cousin was (falsely!) accusing him of felony false pretenses. My husband called the police station (and recorded this call) and asked if he was okay to go to the funeral and the officer told him yes. As long as he showed up on Tuesday.

Well, he was wrong. My husband was detained and this nightmare began. It was Memorial Day, so I scraped together bail money (never thought I would ever have to do that) and got him back.

So, more details on this accusation. My husband worked for his cousin’s company as a subcontractor. If anybody is familiar with prevailing wage, that was how he was getting paid. My husband noticed their company doing sketchy things all the time, like rolling over employee hours so they wouldn’t have to pay overtime. He finally had enough and quit.

This screwed over his cousin, but my husband wasn’t responsible for that. He didn’t have any legal obligation to keep working for them. It got his cousin in a lot of trouble with his boss because he never did his job and checked on his job sites, and the cousin threatened to come after husband legally. To clarify, husband’s units were being held up because of other factors and the company refused to pay him for his time there, This was another reason my husband was fed up.

We just rolled our eyes because they actually owed him money for work he did and wasn’t paid for!

In going to pursue his cousin for the wages lost, husband’s grandma begged him not to do that so the family wouldn’t be destroyed (spoiler, the other side did that on their own). So he didn’t and decided to move on.

Well, then came that summons. It turns out, the cousin lied about being the owner of the company to file a (false) police report against my husband. We’re not even sure how it got to trial, but our lawyer basically said that the misunderstanding could be with the cousin or cop and that it wasn’t a strong point in pointing out that he shouldn’t have even been able to make the accusation in the first place.

He claimed that my husband was paid by unit instead of by hour and that he left units unfinished. He did leave units unfinished, but he was not paid for completing them. (He couldn’t complete them, as stated before.) He was kind of paid for the hours he spent starting/working on them. They quoted that my husband stole $14,000 from the company.

Nearly a year and $25,000+ in lawyer fees, and my husband was found not guilty today in less than twenty minutes by a jury. They absolutely destroyed the prosecution with the boatload of evidence proving him not guilty.

The cousin was caught lying on the stand—he at first said husband was paid by unit, then admitted that it was prevailing wage.

We were relieved, exhausted, and glad it was finally over!

Then another bombshell hit tonight. He called the cops and told them that my husband threatened him over the phone. He did not. He called cousin’s  boss and left a voicemail stating that he wanted to have a conversation about the wages he lost, but that’s it.

The cops came to my husband’s parent’s house and spoke to my husband over the phone (it’s the last address his cousin had for him). He told them the truth. The cop got back to him and said he saw through the cousin’s bullshit and the cousin recanted. That’s now TWO false allegations.

This guy has put us through hell the last year. Husband lost job offers because the case was bound over and showed as a pending felony on his record, we nearly lost our house financing because of lawyer fees, we suffered a miscarriage because of the stress, not to mention the $700/a month we now pay to lawyers. And that’s not even counting the money he’s owed from the company! Tonight was the last straw. I’m 9 months pregnant, and having the cops call and question my husband AGAIN after going through all this was too much for me. I’m already sensitive as hell, but this hit me hard.

Okay, finally, my question: what recourse do we have against his cousin? We’re not necessarily looking for financial compensation (although, getting our money back would solve a lot of problems for us.) I just think that there has to be SOME consequence for all of this. It just blows my mind that somebody can use the system for revenge and get away with it!

Thank you for reading if you’ve gotten this far. I would appreciate any advice!

Answer:
 I think you should talk to an attorney who would take it on contingency if you can find one. Sorry you guys are going through that!Answer #2: Wow $25k. I'm just pissed at whatever prosecutor allowed the DA's office to become the personal army in a family dispute.

Yeah if you are paying $700 a month for legal advice I'd use the professionals. Call you lawyer and tell them all of this.Answer #3: Speak to your lawyer about suing everyone, the cousin, company, police and DA's office. You don't need to know exactly which one should be responsible for what percentage of what you went through, you present the proof that this was a malicious abuse of the system and a major fuck up of the system by failing to fact check any of the accusations. You then present your damages (the amount you are suing for) and let the court decide who was responsible for what and how much they should pay. Chances are the big 3; company, police and DA will settle or will argue they have qualified immunity, the cousin has no such protection though.


Title: Insurance company refusing to reimburse me for stolen property because culprit is an ex

Question:
Location: Toronto, ON

Hi I was in a terrible relationship and when I broke up with my ex he stole my boat which I had a massive loan on. The cops got my boat back but my ex took off the outdrives which basically de-valued the boat by 50% (outdrives are worth thousands of dollars) however the cops are not really prioritizing my case so there's been zero progress regarding my stolen outdrives.

Anyways, I've tried to submit a claim with my boat insurance company and they're trying to say this is a civil matter. I never lived with my ex so there are no common law rights and we were never married. The boat's ownership is solely in my name. The insurance company I am with is Allstate.

Any help would be greatly appreciated.

Thanks

Answer: What? Insurance IS a civil matter. I would ask them to point out the exact policy language that is leading them to deny your claim. Ask for a manager, if that doesn't work, ask for their manager, if that doesn't work ask for their freaking manager. Answer #2: Small claims for the value of the outdrives would be your best bet here.


Title: My aunt, visiting the USA for a funeral, got delayed 2x for mechanical issues by United. Because of the delay, she lost her job. What are her options?

Question:
So I had the death of a family member at the end of February, for which I had a lot of family fly in from overseas. One of my aunts got delayed a few times trying to fly back home after the funeral, and had two flights out delayed.

My understanding is that both the flight delays were due to mechanical issues on the part of the airline, not due to weather delays. Upon returning home, she was released from her job for the additional delay.

What are the best next courses of action?

(also this is my first post in /r/legaladvice, so apologize in advance if more context is needed)

EDIT: Thanks for the responses. So the country is South Korea, so wondering if anyone has context on labor laws there.

Answer:
 What country does she live in? You won't have recourse against United but the question is whether or not her firing was legal in her home country.Answer #2: If she had to spend the night in a hotel and wasn't offered a voucher, she can request compensation.

She has no recourse for losing her job.  Flight delays happen -- people know this, and plan for it.Answer #3: You aren't going to be able to sue United because your aunt lost her job.


Title: How do I create a binding anti-litigation waiver for an event I want to throw on my own land?

Question: So, this is going to sound insane, but my friends and I want to throw a party of around 40 people in my field in rural Maine. Here's the twist, it's going to be an igloo party. Now of course I've been doing research and calculations to ensure the igloos will be safe, but I also want to ensure I'm in the clear in the event anything bad happens. Now I'm not a law professional, but I do have a good grasp of legal terms due to my line of work. Is there a basic waiver I can start from? Can I write my own? If I did write my own, what would I be stupid not to include? Can I make a waiver like a sign in sheet with multiple spots for signatures? Thank you for any help!

Answer:
 IANAL

But I don't think you can have someone just sign their rights to litigate away in this scenario. Unless you're a professional igloo builder with an insurance policy covering your creations, you cannot guarantee the safety of the structure.

If something happens, you can, and most likely will be sued regardless of what a piece of paper says.


Title: Can you get sued for calling what someone said racist?

Question: Basically, my friend did something a bit stupid and someone made a racist joke on Facebook and my friend screencapped the Facebook post and said "x (person's name)" is being racist on Facebook and posted it on Twitter. Could my friend get sued for this? For defamation? This is in America.

Answer: They could get sued.  Whether the plaintiff's claim(s) is/are viable depends on what was screencapped what your friend actually said.