Title: Second Update: Superintendent of new apartment said we are not allowed to walk on floors after midnight (Quebec)

Question:
Look, I know Halloween is coming up, so this will seem convenient, but this has taken a turn for the horror-esque. Previous installments of the shitshow that is my living situation:https://www.reddit.com/r/legaladvice/comments/56srhr/superintendent_of_new_apartment_said_we_are_not/

https://www.reddit.com/r/legaladvice/comments/58v1ci/updated_superintendent_of_new_apartment_said_we/

We sent a registered letter last week and didn't hear back for a few days. Finally, the landlord calls me. She apologizes for the delay, she's been sick, blah blah blah.

Anyway, I tell her how furious I am, that she needs to rip up the lease and reimburse me for moving costs, that I'll be filing a complaint with the Regie, that I've spoken to previous tenants who said this was recurring behaviour, etc...

She weakly apologizes. Then, the justifications: the previous tenants were college students who threw parties, so his behaviour was understandable, that he had promised not to do it again, that he said the noise has gotten better, that all of his references had checked out when they hired him...

I stop her, tell her that his promises mean nothing to me, that his actions were inexcusable under any circumstances and that the reason we've been quieter is because we are terrified to walk in our own home, to the point of panic attacks (which is true - I had the third panic attack of my life a few weeks ago, thanks to this jagoff).

She said she will have to check with her boss (her father owns the building, technically) about ripping up our lease and she will call us back on Friday.

Later that day, the old tenant we've been in touch with puts us in contact with one of his then-roommates. Turns out, we really have been getting off easy.

According to her, he used turn up the music AND all the TVs he owned and would then go sleep in a vacant unit, leaving it to blare all night. When confronted, he would begin screaming that they all needed to be punished. When one of them begged him to not do this, saying she had a final exam the next day, he called her retarded and refused.

Oh, they also told me he had toy trains everywhere in his unit (which he had shown us when we first came to view the apartment) and also a life-sized boy doll that sat in a chair in his living room (this, we did not see, but Jesus H. Christ, if he actually has that, it's beyond creepy).

That's bad, but they told me there were people who had it even worse. They gave me the phone number for someone who had lived on the third floor they had become friendly with and who had the real shit show experience. So I called her.

This poor woman. She had been living in the apartment building for three years and said they had gone through four supers in that time. This guy was the last one and by far the worst.

She had a small dog who had to wear little boots in the winter. She would leave them on a mat outside her apartment door. Never a problem until he got hired - he would scream at her that she was not allowed to leave them there. Of course, eventually they disappeared. So, she went to confront him...

And he pulled out a hammer and started threatening her.

Needless to say, we are now more than angry - we are scared. We've gotten written statements from all these old tenants about their experiences.

And of course, the landlord did not call me on Friday.

So, we're going to the Regie first thing on Monday to file our complaint. I was hoping they would make things simple - rip up the lease and let us move. Hell, we've been apartment hunting and had found a really nice new place. But we don't want to risk being sued by just unilaterally breaking the lease.

Hopefully having an actual complaint filed with the Regie and beginning the mechanism to pay rent via deposit with them will kick things into gear. I really want my next post to be the last, in which we can all laugh about this ridiculous situation.

As always, if anyone has any advice for how to speed things along, I'm all ears. Sadly, the formal process for doing things seems to take a while.

Answer:
 If someone is being threatened with a hammer, call the police. Call the police every time something like that happens.  A history of a tenant causing police attention may cause the landlord to pay attention.

You cannot leave without consequences until the Regie says you can. You are right that the process can take some time especially if one parties tries to cause delays. You can't speed it up, but you can do your part to minimize delays.

Answer #2: How hard is it to find a new superintendent that the landlords just put up with this guy instead?Answer #3: If you have a municipal noise ordinance, call the cops next time he blairs his stereo after-hours. Don't knock on his door, let the cops roll up and hear it.


Title: I got asked for a private BDSM live cam session (porn?) [AZ]

Question:
Background: I’m heavy into the BDSM scene. If you check my post history, you’ll see a lot of the stuff I do. In particular, I’m skilled at shibari and suspension bondage. I tie up a lot of men and women and serve as a board member in the local kink community. I also do a fair amount of impact and breathplay.

Problem: We’ll I got an interesting message today. A gentleman reached out on my Fetlife asking if I’d be interesting in a live cam session where he watches me tie a girl up in a hog tie, choke her, whip her, spank her, tie her tits, and pull her hair. In the kink world we just call it a bondage, breathplay, and impact scene. Not at all unusual and something very well within my abilities.

He offered $3,000 US for the show and he’s legit (vetted via video chat). I’ve never monetized my content before and I know there are some tricky laws when it comes to BDSM. I’d really like to not go down for domestic violence. I’ve seen a large amount of kink shoots online and they all start with the model stating their consent and demonstrating their knowledge of what they’re in for. What other legal stuff should I look out for? Anything in particular about AZ laws (he is on the east coast of the US)? Is this porn or not? Would this be effectively filming my own domestic violence?

I have a couple different partners I could call on and split the fee with. I assume I’m going to use Skype for the session and have the money in my PayPal before we begin. If there is a better alternative let me know.

I read LA every day so I’m excited I get to post here.

Location: Arizona

Answer:
 This is way WAY beyond what we can advise you on here.  You need a lawyer.

I'll leave this up in case /u/grasshoppa1 has anything else to add, but it will be locked shortly.


Title: Downloading a pirated e-book, having it printed by a publisher in China and then shipped over to US

Question:
\*This is a throwaway account created just for this post\*

I have been using pirated textbooks since the start of college. I'm a poor ass student and there is not way in hell for me to afford original textbooks. For reference, buying books for even a single semester can easily run me upwards of $700. And that's just the main books. There are professors who teach like two topics from the main book and one from some reference book, and if I buy the reference books too for them, well, you can imagine the cost. So, as unethical as pirating is, I just have to do it.

I have always liked books in their physical form. e-books - reading off computer/phone screen - has never been my type, but my poor ass has to get by them. However, recently, I was stuck with an idea: what if I download a pirated book and ask a publisher, like Lulu, to print it and ship it to me. However, because of copyright stuff, that couldn't work out. Then I thought, what about Chinese publishers? There's got to be someone out there who would print my books? And as it turns out, there is.

I am able to get a $150 paperback book for just $20 (and that too with a hardcover) from a Chinese supplier I found on alibaba. But, I don't know how serious an offense it is to get such a pirated book shipped to the US. I don't know of anyone who has ever been in trouble because of pirating e-books, but a printed copy of some pirated e-book shipped from China, that I am not too sure of. Anyone here who can provide some legal advise on this.

I have done some searching of my own. [There is this answer on Quora](https://www.quora.com/Is-downloading-pirated-content-illegal) and it has given me some hope, but I am still not sure. So, if anyone can provide their legal opinion on this, I would be really really grateful

&#x200B;

Thank you in advance!

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TL;DR: Want to download a pirated textbook and send it to some book printing factory in China to print it and ship it to me (in the US). Doing so, I can save over $130 over a $150 book. But how illegal is it? Can I get into trouble for this?

Answer:
 You could face jail timen especially since you are importing contraband across international borders. You could also be sued into iblivion by the publishers for copyright infrigement.Answer #2: This is just as illegal as if you had Lulu do it. You also run the risk of it getting seized at the border, and importing fraudulent /counterfeit goods. So this route is probably cheaper, but even less legal.

Book piracy is a massive issue for authors, but publishers set the prices, not the authors, trust me, the author of that textbook isn't getting rich off it.

IANAL.


Title: can a parent sue a child for leaving them?

Question:
throwaway because few family members and friends follow my main.

I'm an engineering student in India, and I'm planning to leave my parents after I graduate because they've just been too abusive to me since my childhood, and since I'm an adult, they have just been after me to get married as soon as I graduate, so I'm not a bother to them, I always thought I lived in a progressive household, but I guess I was wrong. (my mother even tells her own sister to marry off my elder cousin who lives in a small town but she is letting her work and all family drama is happening. )

I guess I am asking for help in this community to know how do I survive if I completely cut contact with them, can they sue me? because that's what they constantly say to make me not leave. I know they'd track me down if I'm in India and make me come back and marry me off to maintain their status in society here, so I even considered going to a country where they wouldn't find me. it's really hard for engineers to get jobs abroad since the curriculum we study is outdated, I'm ready to do all the hard work for the next 2 remaining years of my engineering, I want to pursue for post grad , man I have so many ambitions, and it doesn't include getting married against my will to any random guy and have kids this young. Believe me or not I'm from an upper middle class family in Mumbai. I am not financially independent my folks won't even let em have my own documents so I had to secretly order from officials that I lost my adhaar or PAN and stand all day in my area so I could save the postman delivering it to my house door so I won't get caught having my own documents.

just any legal advice would be great, even if you guys could tell me my plans are not crazy or illegal perhaps.

Answer:
 Although i be highly surprised if they could sue you, i don't know Indian law so cannot say for certain.

And neither do most of the other people on this sub.

you may want to ask on /r/LegalAdviceIndia/


Title: My pain in the ass neighbors haven't paid any real estate taxes since 2002 (they are behind $42,000). How have they not been evicted? What exceptions are there?

Question: [deleted]

Answer:
 They can't be evicted because there is nobody with a superior possessor interest in their home.  I have no idea why Fairfax County wouldn't hold a tax sale.  In my state, the count treasurer sells the taxes to investors and if the taxes aren't paid, the investors receive a treasurer's deed, meaning they own the home.  Once they own the homes they cam evict.  I have no idea why Fairfax County would not take action on the past due taxes. Answer #2: >Why are my asshole neighbors treated differently?

You neighbor isn't being treated differently from you.  If you stop paying your taxes, then you will be treated the same as your neighbor.Answer #3: Yes call the Treasurer's office and ask. There could be a few reasons:

They are working on or already on a payment plan

They Owners are over 65 impeading the tax taking process.

The Treasurer is waiting to publish a list of tax taking, or has not started the lengthy process. This should be a call or talk with the City council, or a councilman or the mayor. Or this person is a city employee able to evade these procedures.


Title: Can one person, by themselves, commit conspiracy in NY?

Question:
I'm in an argument with an acquaintance. My understanding is that NY is a unilateral conspiracy state, and as such only cares about the defendant's subjective belief regarding the formation of an agreement to commit a crime, such that the mental states of anyone else does not matter - I could commit conspiracy by forming an agreement to burn down a building with an undercover cop, who then arrests me when I buy a can of gas. The question is whether a second person is actually necessary, or if because it is a subjective test, I could be guilty of conspiracy if I am mistakenly under the impression that I have an agreement with someone that is in fact not a person. Ignoring, for the moment, any mental defect defenses:

Let's say I believe my stuffed animal is animate, and I agree with him that we are to burn down a building. He will bring the lighter, and I will bring the gas. I go out and buy the gas (or take whatever overt act you choose). Have I committed conspiracy to commit arson?

I point to cases like [People v. Schwimmer](http://www.leagle.com/decision/197815766AD2d91_1147/PEOPLE%20v.%20SCHWIMMER ). Particularly relevant is:
>The requisite intent is to join with others to commit a substantive crime. If an individual believes he has so joined, it is sufficient to establish complicity, regardless [66 A.D.2d 96] of the actual fact of agreement. Such mistake of fact certainly does not relieve the individual of criminal liability (Penal Law, § 15.20). If the individual defendant misapprehends the true intent of the other persons with whom he sought to join, it may have an adverse effect on the successful accomplishment of committing the underlying crime, but it does not detract from the culpable mental state of the defendant.

My acquaintance points to the [Penal Code](http://ypdcrime.com/penal.law/article105.htm), and the common law definition of conspiracy as an agreement between two or more people.

Who's right? Can you form a conspiracy by yourself in NY?
Topic:
Criminal Law

Answer:
 If you're forming conspiracies with your stuffed animals, you probably aren't competent to stand trial.

Change the hypothetical to a chat bot. The arsonist has a conversation with one of those "woman in your area wants to chat" bots, and mistakenly believes they have agreed to commit a crime together.

I am not a lawyer, but I'm going to guess "no." The citation you provided still requires "other persons." The perp may "misapprehend the true intent of the other persons" but that still requires "other persons."


Title: How can you win a plagiarism lawsuit, regardless of what sign you are on? Is it a defense if you plagiarize a book or movie by accident?

Question:
https://www.avclub.com/in-dramatic-third-act-twist-screenwriter-accuses-gilli-1821086184

The filmmakers involved with Gone Girl, plus the author of Gone Girl were used for plagiarism.

How will each side prove their case?  Does it matter if they were not aware of the screenplay that was allegedly plagiarized?

Answer:
 >Does it matter if they were not aware of the screenplay that was allegedly plagiarized?

Yes.

“Plagiarism” is an academic term. The actual offense alleged is copyright infringement.

The type of infringement most people are most familiar with is faithful copying, like if I take a book and copy it word for word.

There is another class of infringement involving *derivative works*. If I colorised *Steamboat Willie* and sold copies of that (or gave them away, or screened them publicly), that is clearly derivative work. If *Steamboat Willie*’s copyright is valid (which is not certain), the Walt Disney Company could sue me over that and win, or for staging a live action adaptation, or for many other creative reinterpretations of Disney’s work.

For *Gone Girl* to be a derivative work, it would have to in some way be derived from Leslie Weller’s screenplay.

Demonstrating that people creatively involved with *Gone Girl* were aware of the Leslie Weller’s screenplay would be a big deal for the plaintiffs.

If the plot similarities were arrived at via complete coincidence, that’s not copyright infringement.

Increasing amounts of similarity look increasingly suspicious. If the names of five major characters were identical, what would be the chance that that was a coincidence? Not great.

The court will have to weight the similarities of the works and the evidence of their provenance and decide which side has a preponderance of evidence.


Title: Death threats?

Question: So my bosses son, who also works at the same shop, threatens me with a weapon in hand twice over trivial bullshit.  I have 2 witnesses and camera proof. If the conversation doesn't seem to go my way between me and the boss in a little while what are my options?

Answer: Report it to the police


Title: Landlord refused to leave my room while I was partially undressed, do I have any legal rights to keep her out of my room? PA

Question:
My landlord comes into my house whenever she wants to and has never once given me notice. I don't think there's any laws in PA requiring landlords to give notice. It's annoying and I feel like it's an invasion of space.

Last week was the last straw. I was laying in my bed partially undressed and she opened my door to look for some keys she thought she left there. She didn't knock before coming in. I had to tell her THREE TIMES to leave my room and shut the door before she actually left. I was absolutely livid. I spoke with her today about it and she says she knocked and I didn't answer, neither of which happened. She refused to admit she did anything wrong.

Do I have any way to keep her out of my room? The door to the water heater is in my room so she needs access very occasionally when there's repair work going on, which is fine with me. Other than that though, I'm not ok with her coming in my room.

Update: So yep, there is a cause in our lease about our landlord providing 24 hours notice before coming to our house except in cases of emergencies. Any advice as to where I can go from here would be much appreciated!

Answer:
 >Do I have any way to keep her out of my room?

Door-chain, or if you're afraid to screw something into wood, a door-stopAnswer #2: How often is she letting herself in? Even if there is no law requiring her to give notice, this could violate your right to quiet enjoyment if she is showing up too frequently. Answer #3: A landlord can include an entry clause into the lease/rental agreement. Read both carefully and get back to us.

And there's this. http://www.landlord.com/landlord_right_of_entry_by_state.htm#PENNSYLVANIA:_Answer #4: Does she live in the unit?Answer #5: Are you renting the house as a group of five, or are you renting your bedroom and access to the common areas?Answer #6: PA doesn't have laws requiring a landlord to give notice before entry because PA doesn't provide any statutory right for a landlord to enter the property during the term of your tenancy.  Any right of the landlord to enter (excepting possibly cases of emergency, abandonment of premises, etc.) would have to be based on the terms of the lease.  Absent a lease provision providing for entry, the landlord does not generally have the right to enter the leased premises.

In short, your landlord is trespassing.  If the landlord is entering the property repeatedly and without permission, there's a colorable argument that she's violating your right of quiet enjoyment and in breach of the lease.


Title: Bought a used car with a bank loan($3500) - less than a month later it needs a $2500 repair. Do I have any legal recourse?

Answer: Your warranty should explain what recourse you may have. You should also dig up the inspection report from the mechanic you took the vehicle to before you purchased it.


Title: My Mother Lied to the Police and Had Me Arrested for Domestic Violence & Assault, But Realistically She is Actually Abusive as I Have Proof

Question:
[NJ] I need help asap... So my mother put in a report to the police about me allegedly committing domestic violence and assault. I was arrested yesterday, I'm 18 years old, so it is on my record, which I will fight in court on the 27th. To elaborate, she claims she was 'hit with a forearm or a closed fist,' according to the no contact order issued by the police on me, when that is evidently a lie, and has no proof that the bruise on the inner area of her arm was issued by me.
    To begin, yesterday was my sister's middle school graduation, which you had to be at the graduation site at 4:30. It was 4:15 and my mother decided she was going to leave the house, and go out for about an hour carelessly. When she arrived back she found out my older sister bought gifts for my sisters graduation and had given it to her. So my mother decides to go search my sister's room and tear it apart to find the graduation gifts; Not to mention as well as clothes she had given to her some time back. She took the clothes and the gift to our guest bedroom which has a lock on it, which is where she hides everything she has taken from us for no reason. Next, my sister whom was supposed to graduate, quickly went in the bedroom so she can't lock everything in there w/ hopes of acquiring the things again. My sister would touch the bag and try get the things taken, and m mom would yell "Stop touching me!'
     Next, my mom would proceed to take the things downstairs and to try to leave the house, but my sister followed. My sister said to my mother that she was insane as well as that she was going to let my family members know about her abusive side, as my mother damaged the shirt she was wearing by trying to remove her from the room. My mother then responded 'yea and I'm going to tell them about how you were trying to pull down my pants to see me naked!" My younger sister laughed b/c that was a complete lie in which she would not mention to the police when saying the fabricated report.
Nonetheless, my sister would follow her around the house w/ hopes of seeing where she was bringing the stuff she had taken for no reason.
     Eventually my mom was standing at the door, as I'm w/ my younger sister to protect her from my volatile mother, as she is known to be abusive, and was in a full rage at this point. My sister then barely graced the bag,  and my mother would strike her across the face, nails included while yelling "Stop touching me!" That being said I pushed my mother out of anger and stepped in front of my sister to protect her. She then proceeded upstairs, I followed, she then some of my stuff and threw it down the stairs. I went to go retrieve it, and took a huge second load and threw it on me, I walked up the steps to get very threatening hand gestures, in my face, with intent to scare me. I then spat on her, unsure if it landed on her to kind of say "leave me alone,"( which was wrong of me,) she spat back, got me on my lip and nose, I then did it again,(which I shouldn't have) as well as her too, this time she it got my back as I ducked. I then went into my room and she left the house.
    Hours later, the police arrived at my door to arrest me for domestic violence and assault, (she oddly didn't tell them about us spitting on one another); as I stated she claimed I left a bruise on her inner arm, even though I only pushed her, (I believe it could be a bruise from when she beat my sister on June 13th, and as a result of self-defense from my sister, she left a mark on my mom, as well as my mom on her.) It is now on my record, which I will attempt to dispute on the 27th. My mom is known for letting her discipline get out of hand, she has made my sister bleed, left scratch marks, pinned her to the ground, beating my siblings to the point of barely being able to talk, & more; (I do have evidence of abuse committed by my mother, on several occasions, and can show proof if asked for.) What should I do about this record and charge, and opinions on police reports I can place on my mother??

Answer: By your own words, when you 'pushed her out of anger', you assaulted your mother.Answer #2: You spit on her and pushed her, yeah that's not good, you're 18 you might just wanna move out and stay away from her, I doubt you can fight this


Title: Out of blue eviction and lease change

Question:
I'm so stressed out...long short story, my fiancee tricked me into giving back my ring, locked me out, took my keys and basically evicted me out of the apartment we live together and pay for/both names on the lease for no reason.

Luckily I'm leaving for the holidays anyway but unfortunately I'm trapped. Her dad flew over and apparently packed alll of my things and mailed to me against my wishes. I texted my ex fiancee to not touch my things because I'm still living there.

I contacted the apartment complex people and let them know I was forced out (12/21) and they told me that my fiancee told them I simply left...

They didn't even mention that they gave her a form to release me from the lease which was signed on (12/22) I found out about it yesterday (12/28)  the date I have to "move out" is on Jan 1st  IF I SIGN IT

Remember I'm not even in Denver now....

My fiancee refuses even to talk to me...Her dad is doing all lifting and it's stressing me out because I'm left in the dark.

What the hell can I do?

My furniture, car, medication, clothes, valuable things and well my life are all there.

Answer: This is an illegal eviction. You can call the police and sue as well. But maybe the better curse is to retrieve your belongings and sign the paper. Your call.


Title: Was this sexual assault (VA)?

Question:
I live in virginia. I have a good friend that I've slept with before (recently). We've been really good friends about 8 years so I trust him. He came over to my room after partying since he lives further away and didn't want to take a cab. We were both a little drunk. We kissed, which was fine, then he started trying to take off my clothes. I said I just wanted to sleep since I was exhausted but he insisted so I said I wasn't going to sleep with him but if he wanted to jerk off with me naked in the room that was fine. He kissed me for a few minutes and then tried to get it in but I kept pushing him away, and I got pretty upset over it because it hurt, I was completely dry. He kept saying it was an accident. After like 25 minutes of me telling him I just wanted to sleep and him accidentally ("") putting it in I decided to just go to sleep because I thought he'd leave me alone. I was emotional and told him I didn't want to have sex, that I was going to sleep. He got emotional like "I'm so, so sorry I didn't mean to hurt you, I was just trying to fool around". Then 2 minutes later he did it again but then went in fully because I didn't stop him (so much forit being an accident), I could've kept pushing him away but it was a combination of trusting him and just being tired. He finished a couple minutes later.

I was talking about that night and a friend told me this was assault but it didn't feel like it since I could've stopped it and just told him to get a cab, I don't feel bad over it. I feel kind of bad for him since he was freaking out the next morning and now a friend has these bad ideas about him. I'm not intending on attempting to sue him or anything, I'm just curious if this is true, if it fits the legal definition in va.

Answer:
 As soon as you withdraw consent it becomes illegal. If you choose to report it to the police or not is your choice. Answer #2: He had sex with you without your permission. Yes, that is rape.Answer #3: Yes, he raped you.  Answer #4: Yes, this is rape.  Answer #5: Don't be friends with him anymore. He is definitely not a "good friend".Answer #6: Yes, it does meet the definition of rape in Virginia. It's entirely your choice as to whether or not to report it, and I implore you to not let anyone try to force you to make that choice. However, I would recommend cutting ties with him, as it sounds like he might repeat his actions in the future. Answer #7: First, you are entitled to your feelings, but know that you did nothing wrong and have nothing to be ashamed of.

Second, RAINN (1-800-656-4673) is a great resource if you want to reach out for some support. Here's a link to find a local center: https://centers.rainn.org

To answer your question, rape is covered by 18.2-61 of the Virginia code. The relevant definition here is sex against a person's will by force. There is no requirement that the victim resist. Jones v. Commonwealth, 219 Va. 983, 986 (Va. 1979). The facts you've described meet all the elements. He physically made you have sex when you didn't want to. That's rape under the Virginia statute.


Title: I backed in to a Mercedes and the driver drove off after acknowledging the damage, what do I do now? (TN)

Question:
So I’m driving my spouses LX570 today which is a lot bigger than my daily. I stopped at a road side fruit stand with a tiny parking lot and when trying to exit I backed into a C63. The trailer hitch ball thingy punctured right through the front bumper of the Mercedes. I’m not a mechanic but I would think her whole bumper would need to be replaced it. Zero damage was done to my car.

Anyway, I re-park and find the driver. She’s old. Like, looks like she smells like pee old. I apologize profusely and start getting out my insurance information. The owner of the fruit stand says he’ll call the police, the old lady gets hostile and basically says she doesn’t have time for any of this, tells me her son will handle it and gets in the car and drives off. I didn’t get her contact info.

So here I am. The problem is I absolutely am 100% responsible for the damage to her car. I think she’s probably old and didn’t realize the extent of the damage. Later I think she’s going to get home and someone is going to “have time to deal with it” and wonder who the hell fucked her front bumper. I’m also wonder if it’s her sons car, does that matter?

The owner of the fruit stand didn’t want to take my info because he didn’t want to be involved. Should I call the police non emergency line and tell them what happened or not worry because she drove off? I am absolved of responsibility because she couldn’t bothered?

Answer:
 You did your due diligence. You stopped and attempted to exchange information.

Personally I would physically go to the police to fill out an incident report.

That's all you can do, and then stop worrying about it. If it somehow comes back to you, she can file a claim with your insurance.


Title: [IN] I sold a handgun to someone I know a while back and last night it may have been used in a double homicide.

Question: [deleted]

Answer: This is way beyond internet advice.  If cops show up, you say you will answer questions with your attorney and immidiately hire a criminal defense attorney.  You can't even imagine all the ways this can go wrong for you, depending on the mess your buddy was involved in.


Title: My parents in Ohio are being evicted for refusing to sign an addendum to their lease.

Question:
My parents moved from Southern California in May '14  Their landlord is quickly spiraling out of control, they already have an attorney in order to deal with him and his threats of eviction. My mother has been late on the rent a couple of times, admittedly, but has always paid within days.  Come to find out last month, the landlord states that there is indeed a 5 day grace period, but he has charged late fees dating the 1st of the month.  He also told my mother to deposit the rent check on the 27th of the month so that it clears her bank by the 1st. I told her that based on the language of her lease, this is illegal and he is breaking the contract they signed.

The meat of this story is in May the sump pump began to fail and the alarm was going off. She notified him as such and he told her he would send his repairman out to take a look at it.  Several weeks passed and during this time, the area they live had a storm go through that lasted several days. The water table in her area is high, as they're less than a quarter of a mile from Lake Erie.

The storm combined with the high water table caused an area of the basement to flood.  The sump pump overheated and quit, there was too much water.  She immediately notified him of the flooding in the basement.  He told her to call companies and get it taken care of.  She did make some calls and no one would speak to her and told her they needed to speak to the owner of the house, as he would be responsible for the repairs.  So he did and hired someone; the LL came to look at it and at this point asked her how she wanted to pay for the damages to the carpet and to the pump.  She was taken aback. He presented her with a bill totaling over $3,000. This was just for the remediation. He then told her there would be another bill to replace the sump pump. He then stated he would return with an addendum to mediate and discuss a repayment plan, telling her she was responsible for the repairs, maintenance and damages caused by the sump pump.

The lease does stipulate that the tenant is responsible for normal wear and tear repairs up to $200.  I feel that the sump pump goes above and beyond normal wear and tear, as it is a part of the house.  To further this point, she did tell him about the pump alarm going off and he did say that he was going to contact someone to get it fixed.

The lease does go on to say that the tenant is required to keep all plumbing in working order. That any damage to any plumbing apparatuses and the cost of repair and damages caused by such will be at the cost of the tenant.

When my mom called to tell me about this, I advised her that she needs to find a landlord/tenant attorney immediately. She did do that and he told her not to sign the addendum to the lease contract. Her LL then flew into a rage and berated them (this isn't the first time) and demanding that they sign the addendum to the lease.  During this tirade against my family, he admitted to my mother that he didn't have flood insurance on the house, as it was an extra premium he didn't want to pay.  He also let a file with all of their information and information on previous 3-day eviction notices for the rent being more than three days late, in addition to 3-day evictions for other tenants in other properties. The following day, while my mother and brother were out running a couple of errands, the LL showed up and pushed past my mentally and physically disabled father and began rifling through boxes and personal things looking for the folder that my mother had set aside for safe keeping.  Thinking that the LL would at the least call and ask to come over to retrieve it. She was sincerely mistaken he would have the courtesty and respect to do so.

Today they found a 3-day eviction notice taped to the door with yesterday's date on it.  Their attorney has told her "don't worry, he doesn't have a leg to stand on, he should have been maintaining the sump pump prior to your moving in and he has failed to do that." He is also sending a letter to cease and desist harassment of my family and to advise him it would be in his best interest to them finish their lease in peace. There's obviously a lot more going on with their LL than I could ever possibly say here.

Both of my parents are disabled and retired both civil service and military. I guess my question is where do my parents stand in regards to their eviction?  will it stand? There's not much that I can say or do to help from 2500 miles away.The language in their lease is vague and is a form lease pulled from a site like legal zoom. The landlord/tenant laws in Ohio are just as vague as the lease.   I've done a lot of research, but I need some reassurance that they will be okay.
Topic:
Landlord Tenant Housing

Answer:
 I am genuinely curious why you need to hear the opinions of a bunch of strangers on the internet when your parents have a competent attorney who is telling them everything they need to know. Do you not trust him? The internet can't give you assurances that anything will be okay. Only your parents' lawyer can realistically assess the situation. Answer #2: Your parents' lawyer knows far more than internet strangers.

I just wanted to say I initially misread as being in Illinois and was very confused about Lake Erie being 1/4 mile away.Answer #3: Just to put your mind at ease a bit, your parents can not be evicted without a hearing on front of a judge. The 3 day notice is telling your parents that the landlord thinks they are in violation of their current lease and they have 3 days to fix it. If the deficiency is not fixed, then he can file for an eviction with the court. He will be assigned a hearing date and your patents will be notified. At the hearing, your parents will get to speak to the judge. If the judge thinks your parents have not done anything wrong, then they will not be evicted.

In summary, the landlord can't just decide to evict for any reason he wants. He has to convince a judge, and your parents get to tell their side of the story. Answer #4: Your parents have an attorney. Ask him your questions. Any armchair lawyering we do online won't be nearly as accurate.


Title: I want to recreate a scene from an animation into a movie and make money off of it, can I get into any legal trouble?

Question: Basically, what I'm doing is re-creating the last scene from Once Upon a Time in the West but using stop motion animation with Lego. I'll be using audio directly from the scene, but the animation will be all done by me. Is this legal and can I get into any trouble for it?

Answer: That would be a fairly obvious infringment of someone's IP


Title: I was denied medical attention for being deaf.

Question:
This Monday I visited a pain specialist and when I was called for examining me, he refused to exanimate me because he could not write to me. None of the other doctors or staff offered to “write” so I could be examined by the physician. So in theory, I was discriminated for being deaf, i was deniend medical attention because I was deaf. I live in new York, is there anything I can do or anyone I can contact?
Topic:
Medicine and Malpractice

Answer:
 Do you speak sign language? (Asking because I know not all deaf folks do.) You are absolutely entitled to an interpreter, free of charge; you probably just have to give them advance notice so that they can arrange it (interpreters don't just wander the halls).

Your first stop should be Patient Services Administration to explain what happened. I found their phone numbers fairly easily [here]( http://nyp.org/patients/important_phone_numbers-col.html), but I'm having trouble finding emails, which would presumably be easier for you (and you want these things in writing anyway). If you aren't satisfied with the response from the hospital, you can call the NY State Dept of Health. https://www.health.ny.gov/publications/1449/Answer #2: Did you notify them that your needed an interpreter?


Title: [IL] Can/Will an employer request a background check after 17 years of employment?

Question: I've worked in a hospital for 17 years and my boss today told me I need a "Health Care Worker Background Check". From what she tells me, prior to 2008 they weren't required and since I was employed before that, I need it now. This is what worries me: I was involved in litigation against the hospital. The hospital is being sued and I was a witness (I spoke the truth which was in favor of the hospital). I have a feeling the hospital will cut ties with anyone they can involved in the lawsuit. Now my director is asking me for this background check. The problem is back in 2001 I was arrested with brass knuckles. I was going to be charged with a felony but my lawyer brought it down to disorderly conduct. From my understanding, I don't have to disclose "disorderly conduct", so a "No" answer under "Have you ever been convicted of a criminal offense" would be appropriate? Can I be fired for "disorderly conduct" if it involves a weapon? What are my options for this background check?

Answer:
 You don't have to consent to the background check.

They don't have to continue to employ you either.


Title: Too Many Patients

Question: My GF works as an RN in a VA hospital. The floor she works on is the Cardiac and Telemetry floor, but they do a lot more than just that. The floor is always understaffed and the nurses are handling 7-9 patients each every day. My GF has told me multiple times that the patient load they have commonly is unsafe for them and the patients. I am not knowledgeable in healthcare law and practices but my recommendation to her was that if she feels that the patient load she is scheduled for currently that day is too many, to refuse to accept that many patients. When I made this suggestion she stated that the new manager they acquired would fire her. So my question is that she has gone to her HR department about the patient load before and they have done nothing about it, so what other organizations should she contact outside of her hospital? Should she refuse to accept a high patient load if she feels its unsafe, and what to do if shes fired?

Answer:
 I have worked in healthcare for 15 years and at no point have I ever been on a unit where there was a safe nurse to patient ratio.
Often I would handle 30-50 patients when coworkers would call off when working in a nursing home.
Working in psych I would have up to 8-12 patients that on any other unit would all be 1:1’s.

All hospitals and insurances care about is money.

So. While I’m on her side. The VA won’t care. If she leaves it will hard for her to find a safe unit. Until the US pulls its head out of its ass and cares more about safety than it does about money. And people will still sit and bitch about the quality of care and not quite understand why.


Title: [CO] I was denied employment because of a relative's reputation with the company. Can I file for discrimination?

Question:
~~I was seeking employment, applied somewhere, then after two weeks I called to see if the position had been filled, and I was notified by staff that the general manager of all of their stores within the area had "veto'd" my application due to my relation with my family member. I did not at any time disclose that I was related to them, nor did they. The company assumed this only because we share an uncommon last name. I have taken the information of the GM and plan to email them after new years. Can what they did constitute as discrimination? If there's anything unclear about the story or if more details are needed please let me know.~~

**EDIT: Great! Thanks for the information, no more responses needed.**

Answer: Not hiring someone because of their relation to someone else is discrimination, but it is not illegal discrimination.


Title: [GA] My dog bit the service tech

Question:
Hey r/legaladvice, first time poster, long time lurker. Hoping you all can help.
The situation: A few days back, I had a company come out to do some service on our home. I have a dog that I made sure was in the backyard to keep him out of the way while the tech was performing the work. At some point during the work they were doing, the tech informed me he needed to access some things on the outside of the house. I foolishly figured that because the dog has always been cool with every person he's ever met, i was fine to take the tech out to the back yard.

Well of course, the dog ended up nipping the tech in the leg. It was far from serious, just a couple of scratches with no running blood, and as soon as i yelled at the dog, he ran off and hid in the corner of the yard. I assured the tech that the dog was up to date on all of his medications and shots. He finished all of his work and left. I didn't think that much more of it, as the tech didn't seem too upset, and the bite wasn't very bad.

Cut to several days later and i get a call from the tech, saying that after consulting with his company and his family, he elected to go to the emergency room to get a preventative shot and anti biotics, and that as soon as he gets a bill, he would like me to pay for these expenses. Hey, my house, my dog, my responsibility. I have no problem making this guy whole for this incident, but i want to make as sure as i can that this ends here, so i have a couple questions:

* The tech said that he did report the incident to his company. Should i be expecting a claim from them for the treatment against my homeowners insurance?
* While the tech stated he reported it to his company, he contacted me in a personal capacity. Anything i should be concerned about here?
* If i do end up paying for the guy's ER visit, would it be a good idea to make getting a signed release of liability a condition of payment?
* Anything else that i should be thinking about?

As i stated earlier, i have no problem doing what i need to do financially to take care of this. I just want to do everything i can to quash it here.
Thanks,

Edit: Formatting

Answer:
 I would be asking the tech why he isn't going through a workers compensation claim since it happened while he was on the job. Answer #2: I don't know what advice to give about the first three bullets, but I do want to warn you that there is a very good chance your dog will have to be quarantined. When the tech disclosed to the ER why he was there, they would filled out an animal bite form for the CDC. I had to go to the hospital for stitches last month after stupidly breaking up a dog fight between my two dogs and one of them accidentally bit me. Even though it was my dog, and it was not intentional, I still got the letter from the CDC telling me that I needed to list her last rabies vaccination date. Luckily they did not take my dog, but I had to keep her quarantined in my house.

I don't know what the rule is for all states, but I know in some states they have no choice but to take the dog, and you have to jump through hoops to get them back. I don't say this to scare you, but to warn you not to panic if this happens. If the rabies vaccine is up to date, and this is the first instance of your dog attacking someone, you should be fine to wait out the quarantine and then get your dog back. Answer #3: Don't pay anything. Workers' Comp should cover the injuries and the company could sue you for costs if they so wished. If they call back, simply ask to be directed to whoever is handling the WC claim


Title: Bought a car, got a warrant.

Question:
So back in March, my wife and I financed our first ever almost new car.
We used the car that happened to be registered in my name as a trade in. I signed the title and we left the dealership with our old car. Then last month I get 2 separate tickets in the mail from a town like 2 hours away for an abandoned vehicle. The trade in had been abandoned but was still registered in my name. I went immediately to the dealership and the salesperson we made the deal with told us not to worry, she would fax in the necessary paperwork to take responsibility for the car. She acted like it wasn't a big deal, like it had happened before. Then today I get home to find 2 warrants for failure to appear. My wife had already called the dealership who promised to re send everything and make it right. I have a paper saying we traded in an impala with the same Vin as the tickets. What the hell do I do here? Do I need a lawyer? I don't wanna drive 2 hours just to get arrested while they figure out what's what. Plus I work all week.

Edit: location bot wants me to let you know I'm in Michigan, USA not Saudi Arabia

Answer:
 You need a lawyer. Failure to Appear is separate from the tickets; you had a solid defense here in that you sold your car, you had a solid case against the dealership for wasting your time by making you drive up there to appear for a car you don't own, but courts are not amused when you don't follow their orders. The dealership can't make those right - they can try to talk the police and the courts into doing it, but it's NOT in their actual power.

Start calling lawyers and be prepared to surrender to the police. It'll be a pain in the ass to sort it out now, but it's better to have this happening on your schedule rather then the cops pulling you over on your way to work and tossing you in jail for those warrants while it gets sorted out. Be proactive.


Title: Missouri - Emotional Abuse in the Workplace?

Question:
I work for a small/medium sized company as an office assistant. The other two people in the office (the office manager and secretary) treat me horribly.

They only pick on  me for certain things. For example, the office manager heard me over the phone giving my email to a support person over the phone. She told me I needed to give her my email password "incase I'm not in the office and they need something" and "that it was sketchy that I'm emailing clients from my email". Except that I don't speak to clients at all, she knows that. Many other people in the business use their own emails without a problem.

The owner's assistant also heard the office ladies and a sales guy talking badly about me while I wasn't there.

The past few weeks I have just been coming home and crying about how I'm treated at work. I would normally just say something to HR but the office manager is HR. Both myself and the owner's assistant have said something to the owner about how I am treated but he just shrugged it off.

What really sucks for me is that I've been bullied my whole life and the fact that I have to put up with it at work is so shitty.

Any advice would be helpful, thanks!

Answer: You can ignore it, or quit and find a new job. No legal issue here.


Title: What to bring to court for child support payments.

Question:
Mother is 25, child is 6, state of Florida.

Asking of behalf of my girlfriend of 3 years and her (and our lack of legal knowledge).

Recently she was served papers to make an appearance for a hearing to have the father's payments lowered. About 5 months ago they were raised (to what even she agrees was a high amount).  But prior to THAT, they were uselessly low.  The child spends 99.9% of the time under care of the mother, despite the time share agreement being something near 60/40 mother/father. The father has spent maybe a grand total of two weeks with the child since he was 4, and is currently over 4 grand in arrears.

Immediately after the child support payment going an amount that would of been reasonable had the time share been adhered to, the father joined the army and moved to WA state, leaving the child in practical full care of the mother for the next three years. The courts also told the mother at that time, thay despite the change if occupation and location for the father, she could not file for child support adjustment for three years (which ehen she did, the coirt ordered the high payment she felt bad about). Since that high amount was ordered she has received an average of $60 a month in child support from the father ( hence the large arrears).

Questions are how could she prove what amount of child support is actually needed to help support the child? She's not looking for anything extra and even felt bad about the higher amount above. What forms or evidence or what to point out while in front of the judge, as she won't be able to afford a lawyer like the father will have.

Thanks.

Answer: IANAL but I think you should definitely get one, if the guy is in the Army there are ways to have the Army itself take the money out of his pay and send it to her. The military does not like deadbeat dads.


Title: I believe I'm being extorted by my neighbor..(United States/Georgia)

Question:
Hi legaladvice, sorry for the storybook:

After a fairly wild night of drinking, I was dropped off in front of my neighbors house, and accidentally went into it instead of my own house.  I entered through the backdoor (which was unlocked), and proceeded to stumble into a table, knocking over and breaking a small lamp and several picture frames.  My neighbor awoke to the ruckus, and upon realizing my mistake and seeing him, I exited to my own home and went off to bed.

The next morning, my neighbor woke me up and proceeded to show me the damages ($50 max).  After I left for work, my fiancee called to inform me that they had called the Police and had filed an incident report.  I spent the rest of the day feeling like a complete ass, and had my fiancee apologize to his wife, during which point she gave her $100 cash as reimbursement for the items that I had broken.

This morning (several days had passed since the incident), I was once again awoken by my neighbor.  After apologizing profusely and once again explaining it was a very horrible mistake, he told me that he would not press charges against me if I paid him a $500 "fee" over the next month.  I was immediately taken aback (as I believed this to be extortion), but said nothing and told him that I agreed.

I feel very helpless, but I have no idea what action to take from here.  I would rather not have the law involved, as we both have families that solely rely on our financial support.  I plan on contacting an attorney next week, but needed to get this off my chest and thought this might be the appropriate place.  Thanks!!
Topic:
Criminal Law

Answer:
 Do NOT accept these terms without talking to an attorney.

Even if it was his idea, paying a victim money to drop charges can constitute tampering with a victim or witness- a serious crime.


Title: ticket/drivers license suspended (please help!!!!!!!!!)

Question: before i explain the situation, i dont want people to yell at me for speeding because it won’t help my current situation at all. i’ve learned my lesson and whatnot. anyways, i got three tickets in the first year of having a drivers license (i’m 16) and i’m not sure if i’ll get my license suspended for that?? coming to you guys to ask if i should go to court and try to get off the last ticket or bear with it and hope my license isn’t suspended. i’ve tried to figure out the points system in utah, which is where i’m located, but i’m still pretty lost. i’ve gotten one ticket for stop sign violation and two (including the most recent) for speeding under 10 miles an hour. help would be greatly appreciated

Answer:
 You are getting 35 points for each of the speeding tickets plus 50 points for the stop sign infraction. You now potentially have 120 points. As an under 21 year old, 70 points will result in a suspension. It could be 1 month, it could be a year. I'm guessing it will be closer to a year. If you can do anything to mitigate any of these tickets then do it. The last ticket is speeding  right? If you could get that dropped, well you are still looking at a suspension but it might be for less than a year.

You may be eligible for a drivers improvement course which can remove 50 points. I would strongly suggest you do that if feasible. Even so - suspension is probably in your future.


Title: [IL] Refusing medical care/risk of having CPS called

Question: [deleted]

Answer: I'm sorry your first two childbirth experiences were traumatic, but you have to realize that they don't just stick newborns in the NICU for the fun of it. If they're doing that, it's because your baby has a very real risk of immediate health problems, up to and including *death*. Bonding *is* important, but it's not as important as keeping your baby alive.


Title: Ex roommate put me as driver in an at fault accident, what legal steps can I take moving forward?

Question: So, I found out the other day my old roommate had put me as the driver during a wreck we were both involved in, he was driving, I was in the passenger seat. I know this because I got a call from a Geico representative stating I was at fault for a wreck and had to pay for the damages. Said wreck has also cause my insurance to skyrocket? What can I do moving forward, if I can do anything???

Answer:
 Was there a police report filed?

Whose car was this?Answer #2: Call the insurance company that you had at the time of the wreck and inform them. Tell GEICO and any rep from the other insurance company(ies) involved your story.

If you are ever served with suit, then your insurance company (at the time of the collision) has a duty to defend you. Call them.

Your rates shouldn't have been affected by an unresolved claim that is being investigated. Something else is going on there.


Title: (Texas) Can I make an app for 7 Habits of Highly Effective People without getting sued?

Question:
I want to make an app which tool enables 7 Habits of Highly Effective People framework.  If you are not familiar, it is a process you can use to organize priorities based off of your values and invest your time in things that matter.
&nbsp;
&nbsp;
&nbsp;

There already exists a business that sells training/tools for this process, mostly targeted at organizations.
&nbsp;

&nbsp;

Assuming that the app I build does cost money and it clearly follows the 7 habits framework, does this seem like a legal risk?  Is the framework public domain? Could I request written permission to build it? Any input is appreciated.

Answer: That term is almost certainly trademarked, so yes, you could get sued.


Title: Is a bank allowed to discriminate, due to a disability.

Question:
Moments ago my encounter with the bank:

me: hands drive\-thru teller my check from my university \(I am using voc rehab so the university cuts me a check, for the pell grant\) Asks her if their will be a hold on the account if so how long. \( My account is negative\)

Teller: I have to put a 3 day hold on your check

Me: How am I going to get by past this weekend? \(starts crying\)

Teller: Let me ask my supervisor

Supervisor: we are going to put a 7 day hold on your check.

Me: I will tell you I have a gambling problem, I am just now acknowledging this realize this and I am trying to get better....if you will also notice that my income is from Va compensation as well as SSDI, I am rated at a 100&#37; for ptsd and found to be completely and totally disabled. I admit I have a disease. I admit I a addicted to gambling.  I have kids, they do not need to suffer when I have a check and the reason I am in the negative \(as you can see is I gamble....A lot\) I have no control \(my documented diagnosis that received the 100&#37; rating is "chronic, complex, severe PTSD w disassociation, Complex for an addition bi\-polar, Ocd, anxiety disorder, depressive disorder\)

Supervisor: you can use wes banco

Me: My drivers license expired....why was it going to be only a 3 day hold until I admitted I was addicted to gambling, when you confirm this you make it a 7 day hold. I have 2 kids and start summer classes on the 21st. I have no way of feeding my kids, getting to class or anything for an entire week. All because I am addicted to gambling , then me \(sarcastic, At least I am not addicted to drugs or suicidal yet like 22 other veterans a day\)

Teller: \(sarcastic\) way to think positively.

\(Less than an hour prior to this, I spoke with a BBT rep regarding my account, that was recorded by them....this lady was so kind that she allowed me to "vent" about going blind in one eye, the struggles I am going thru, my break lines going out...she was so kind and we talked about 20 minutes that I asked if there is a survey that I was sure you could get credit for your kindness. I do not talk to many people. I do not like leaving the house...I am suffering from many mh conditions...I wanted to let someone know that her listening to me vent really brightened my day.  She could not find a number or a way for me to leave positive feedback...I wanted her supervisor to call me so she could get recognized for being great at her job.  I am a disable veteran and I am thankful when a stranger will listen to my struggles like a friend.  BBT does not recognize hard workers, they do not care about disabilities. I realize that there are so many laws protecting banks that while I have food in my freezers to be able to ride out the storm. I will not be able to leave the house or take my daughter to day care \- even though I will be charged as if she was there \(their policy\) because a bank refused to deposit a check from the state because I have Many mental health disabilities that would easily create a reckless gambler.  It sucks that banks do this to the sick....they make more money off of gamblers than they do off of healthy people...i will spend ATM fee's at a chance to hit that dopamine button again. Because I have a void.

Answer: This is unreadable and there is no clear legal question. I think you need to have somebody else manage your finances and probably help from a mental health professional.Answer #2: What disability do you have that the used to discriminate against you?


Title: Received a collections notice for unpaid electricity bills ($719.03), haven't lived in that apartment for almost 3 years. (Apartment was in MD I moved to PA)

Question:
I'm 22 and have never had an issue like this before. I paid my electric bills at the apartment until the day I moved out. I remember talking to the electric company, informing them that I was moving, and also with my landlord, so that whatever needed doing on their end could be done.

I never received any bills after I moved out, and as far as I know there were no tenants in the building after we moved out. I do know the house has been sold since then, but up until the sale no one lived in the apartment I did.

I'm completely lost as far as what actions to take. I did contact my landlord this morning - haven't heard back. I can't call the collections company or the electric company today being that it's Sunday.

Please let me know if there's any more information I can provide you with. I'm not sure what all you'll need.

Thanks in advance.

Answer:
 What is the date that the charges are for?Answer #2: sounds like your in a situation of "i never should have gotten a bill in the first place." it's weird, but anyone can bill anyone else for anything, then send it to a collections agency, which the credit reporting agencies will trust without verification. so anyone can tank anyone else's credit score.

approximately in this order:

- send debt validation letter to the collections agency. tell them you only want to communicate via mail.

- whenever the collections agency sends you something back, they'll include in the letter "we weren't able to verify your statements, please provide more information." that's bullshit. THEY have to prove you owe the debt, you don't have to prove you don't owe it. send them a letter right back, telling them you couldn't verify their claim, and that they should send whatever information they have, and you'll review it. do that until they stop sending you more doccumentation.

- for each credit reporting agency: request a copy of your credit report. start an online fraud dispute. this is where it gets difficult, because these companies have bankers hours. you have to call them and request a fraud dispute when they inevitably tell you it was validated (i.e. they just asked the debt collector and they have the same identifying information). insist they have no basis for claiming you owe the debt. whenever they send you a letter, call them and ask for an explanation. ask to talk to a supervisor, the first level people are call center people and don't know anything.


Title: A situation regarding my dog

Question:
Currently , my partner and I are in a bit of a hard situation where my rear neighbours dog keeps jumping over the fence and gaining entry into my backyard. I’ve spoken with the owners on previous occasions and about 4 months ago when the dog ripped the fence palings off the fence and gained entry into my backyard it attacked my pup. So we (mainly me) are constantly worrying about the dog jumping over the fence and attacking my dog again.
The owners have been told to add a 45 degree extension to the fence to prevent this , but have not yet done this .

What I want advice on is whether or not it would breach any laws if my partner and I were to put barbed wire (or something alike) on our side of the shared fence to prevent their dog from jumping over .

Also , if we did put barbed wire on our fence , if their dog did manage to jump on the fence and attempt to get over and get injured , would I be liable at all ?  Thanks !!
Topic:
Other Civil Matters

Answer: Barbed wire is designed as a barrier for slow-moving animals like cattle. They brush up against it, get scratched, and move away. It will injure a jumping dog, but won't stop it, so it's probably not the best choice.


Title: Ignored jury duty. Am I going to jail?

Question:
So I recived it a month ago, and I forgot about it and lost the paper. I'm 19 and in college and it was stressful for me and I was in denial. I was supposed to be there 14 days ago. what should I do?

edit: CA

Answer: Nah, breath easy. Just call the court on Monday and tell them what happened. They'll reschedule you.Answer #2: Call the court house and ask what to do. Generally they will reschedule you. Don't miss rounds 2.


Title: PA - Life and Death - How to stop an abusive parent from finding a hiding child (18 years old)

Question:
Hello!

I'm an 18 year old in PA who left an abusive home days ago. My mom has been trying to find me and has contacted the police. I emailed her and told her I am fine, but she demands that I tell her where I am. I'm scared to do so because she will almost certaintly hunt me down and force me to go back with her.

Two things: she said that she will file a missing person report. Will the police tell her where I am? How can I stop that from happening?

And is there anything I can do to make sure she can't find me? I'm really scared and I need help.

Answer:
 You're 18, so you are no longer a child. This also means that she can't force you to go home with her; you can move anywhere you please. If she puts a hand on you, you call the police and report it.

If she falsely files a missing person report, police may make contact with you. If you inform them you do not want her to know your location, they will most likely contact your mother, inform her they found you but you don't want your location known, then tell her to stop reporting you missing.

No, there is no method you can use to ensure she can never, ever find you. That simply isn't possible.Answer #2: You're 18, she can't make you go anywhere.


Title: I am writing my final paper on Thumbtack Inc's patent and wonder why other companies like Porch or Angies List are not affected

Question:
I am a senior interested in going to law school and am writing my final paper about Thumbtack's patent and what it actually does. My understanding is that they have the patent for their process of how their site works, but it is extremely similar to companies like Porch and Angies List. Obviously they are not infringing the patent because I can't find any lawsuits assosiated with this, but I don't understand the differentiation. Maybe it is how things are worded?

[Thumbtack's patent](https://www.google.com/patents/US9177056?dq=thumbtack+inc&hl=en&sa=X&ved=0ahUKEwi52qPN_7fMAhXFWCYKHVanBvcQ6AEIKzAC#backward-citations) basically describes their process, their rating system, search, etc.

EDIT: Because of the bot, the location of Thumbtack Inc is located in San Fransico, California.

Answer: I would expect that Thumbtack's patent would be invalidated in light of *Alice v. CLS Bank*. If a court finds that the patent is for an abstract idea merely implemented by computer, then the court will decide that it is not patent eligible.


Title: [CA] Apartment issues over pet bunny

Question: [deleted]

Answer:
 Rabbits with rabies? Would they read what the Humane Society has to say, do you think? http://www.humanesociety.org/animals/resources/facts/rabies.html?referrer=https://www.google.com/

Escalate this to someone higher up - - How can you give your bunny something that isn't required, recommended, available, suggested or even potentially warranted?

Call Animal Control and see if they can help bring these guys back to rabbit reality...


Title: Daughter injured at YMCA swimming pool. A few questions. Virginia.

Question:
My daughter is 8 and was swimming at a local YMCA pool and was playing with her friends. On of friends did a hug pickup and dropped her in the pool and my daughter hit the back of her head on the lip of the pool. I had been correcting her and her friends but this one slipped by me. At no point did the lifeguards stop them or correct their horseplay.

The Y did nothing but provide an ice pack.  1 day later she vomited a few times and was admitted to a Neuro unit and eventually ICU for a brain bleed. She has turned out to be ok but was in ICU for 2 days and the hospital for 3 days.

My insurance is Tricare as I’m retired military but am wondering if there may be grounds for a lawsuit.  I haven’t spoken with the Y since the incident as I didn’t believe she had injured herself badly at first.

So you know, the majority part of me just wants to go and speak with them about their lifeguard but want advice from y’all.

Answer:
 > but am wondering if there may be grounds for a lawsuit.

Absolutely. The friend is still liable even if it was just an accident.

>  I haven’t spoken with the Y

What do they have to do with this?

Your daughter was injured by her friend. How does YMCA have a role in this?

> peak with them about their lifeguard

I would speak more to the parents of the child who dropped your daughter.


Title: Local ATM always dispenses less money than I request and I think it's intentional as the shop owner owns the machine and I've seen him filling it.

Question:
So my question is kind of simple, and this is more of a principled issue then an actual crisis.  Put simply when I request money from an ATM I am entering in to a financial transaction where I agree to pay $4 dollars to gain access to say $100.  More often then not the machine dispenses substantially less, some times as little as $20 with out prompting me to accept the modified terms.  Is this legal?

Is my agreement to pay the fee in anyway governed by my agreed upon transaction stating I'll pay 'X' dollars for 'Y' to be dispensed, or no ATM usage isn't regulated and this is simply a buyer beware sutuation?

Located in NJ

Answer:
 I would stop using that ATM and call up whoever owns it.Answer #2: OP, are you saying that you request $100, and the machine, _without prompting or informing you_ changes that to $20?

If I'm understanding this right, you're saying that the actual amount deducted is fine, but you asked for $100, and it's saying, "You wanted $100?  Here's $20.  Now gimme my fee."  without a chance for you to back out of the lower amount.

Is that correct?Answer #3: Is the correct amount deducted from your bank account? Also why are you still using this ATM?Answer #4: Why on Earth would you continue to use a shady ATM machine?Answer #5: If the ATM is set to allow max $20 withdrawal at a time, so you have to incur repeated fees, that may be legal. If it charges you as if it dispensed $100 and only have $20 that is illegal as hell. Answer #6: ATM Technician here!

My advice? Stop using that ATM. Everything about this is sketchy, and there's a lot of misinformation here.Answer #7: It's common for managers or shop owners to fill ATM's. The company accounts for the withdrawal activity (it's usually done via phone line in the ATM automatically) with the ATM owner/bank, and keeps enough in the safe to have the ATM operational at all times. Then the store takes a percentage of the fees. It's cheaper than sending an armored truck to each ATM in every shop and gas station. I managed a grocery store, and had to fill and balance the ATM every day. It had a transaction limit also.

What does your bak statement look like? You aren't losing $80 every time you go there, are you?


Title: [MI] About to start the adoption process on stepson, father is in prison, what should i know upfront?

Question:
Hi all,

After dating this wonderful woman for 18 months we got married yesterday, and the next step is to adopt her firstborn son, but the situation is very complicated.  Here is a brief timeline/backstory

In 2014 My wife was 18, and dating a guy.  She broke up with him early into the relationship because she found CP on his computer.  About 2 weeks later he was raided, arrested, and convicted for it, and from what I have been told the CP was the milder things on his computer, there was supposedly some legit snuff and bestiality too, was sentenced to 10yrs, but can get out at 8 with good behavior.  A few weeks after his arrest she found out she was pregnant, but unsure who the father was because of timing.  Before we met, she took her son to see him 1-2 times before he was even 18mo

In 2017 we started dating, and she finally found out through the courts that he was indeed the father.  Once her and I got serious she completely cut the last little bit of contact she had with him.  I have been Daddy for this boy longer than anyone else, and im all he remembers at this point, although he never knew or recognized his Biological Father in pictures  As for myself, I am well grounded, good job, nice things, etc.  The only thing that could even potentially be said is im a mmmp patient, but since I am fully legal and genuinely following the laws to the letter I dont see that being an issue.

Assuming the biological father wants to fight this, I have 3 main questions

1) how uphill of a battle is it going to be considering he is in federal prison for CP/snuff ?

2) Am I able to subpoena details from his original case as evidence?

3) Will he be provided a lawyer by the government or is he on his own as far as resources?

Answer:
 Is the guy in prison listed on the birth certificate? Is there any one listed as the father on the birth certificate?

IANAL If there is a father listed on the birth certificate you would need to have his agreement/approval to terminate his parental rights and for you to adopt your stepson. I would hire a lawyer who specializes in these kinds of adoptions to help you and your wife navigate this.


Title: (US - SC) Little sister got a DUI this morning. What should/can we do?

Question:
Right, for context I'm currently living abroad. I got a call from my mom around 5am saying that my sister (mid 20's) was picked up for a DUI and she blew a 0.08. She's currently in custody.

I'm pretty out of the loop as to what her legal options are so any advice would be appreciated. Note: I'm not condoning what's happened in the slightest. This is going to put a massive burden on my mom that I want to minimize as much as possible. She can't afford to look after my sister, she can barely make her own expenses.

Answer:
 ALWAYS get a lawyer for dui. Answer #2: For the best outcome she needs an attorney.

Your mom needs to let your sister be an adult an deal with the consequences of her actions by herself.


Title: I originally posted this to r/prochoice, in regards to an article about anti-abortion signs.

Question:
[I am still interested in the legal answers, so if it's not a big deal, please take a look.]

...

This is probably a stupid question, sorry...

Is it illegal to openly display (for lack of a better word) gore? If someone wanted to print stills from a violent movie, blow them up into a poster, and then carry them around on a sign, would that be okay?

Because that's kind of what the anti-abortion signs sound like. Does freedom of speech include parading around in a public space with images of disembowelment?

Or if "violence" is the problem there, is it okay to parade around in public space with huge images of someone's open heart surgery? Or surgeons amputating a diabetic's foot so that it doesn't cause problems for the rest of the body?

I think most people would say that these images are unacceptable for public sign-waving, even though they are necessary medical procedures. Why are the graphic anti-abortion signs any different?

Answer:
 The thing about freedom of speech is that it's not governed by what a majority of people find acceptable.

Displaying these images might piss people off, but I can't see it being illegal in part of the United States.Answer #2: Pick a jurisdiction, any jurisdiction.


Title: Parental kidnapping/illegal immigrant

Question: So last night my brother's bm took thier baby and we don't know where she took him. The bm is an illegal immigrant who overstayed on a work visa but the baby was born here and she never got him a passport. She doesn't have the baby's birth certificate or took anything really so she can't really go far. The birth certificate has my brother's name on it but he never went to court to establish paternity.  What should we do? How can we get my nephew back? They live in Georgia if that's relevant.

Answer:
 If both parents are on the birth certificate, and there’s no custody order, both parents have a right to take the baby anywhere, so this isn’t a kidnapping. To prevent her from being allowed to take the baby, he’d need to go to court and get a custody order.

Is the brother a citizen or legal resident? If so and if he doesn’t care about her being deported, he could call ICE or the police. If he doesn’t want her deported, call a local group that works with immigrants and ask for advice — I’m not sure if asking for a custody order would end up getting the attention of ICE.


Title: Can you sue if you find hair in your food?

Question: I’m not going to do this cause it’s just hair but if I wanted to will I be able to sue a place like ihop if I found hair in my food?

Answer: what are your damages?


Title: DACA Card and domestic flight

Question: (KS) myself and a couple friends, one that is an illegal immigrant with his DACA card are leaving on a flight to Florida. I'm just curious to see if he could encounter some trouble when trying to fly within the U.S. and some ways to evade said trouble! I've never heard of anyone being deported as a result of flying but I don't know many illegals that have flown. Thanks!

Answer: Your friend will need a government issued photo ID, same as anyone else.  If they have a state ID card, passport, or driver's license, they should use that.


Title: PA - Landlord keeps letting himself into my apartment without permission.

Question:
I'm in Pennsylvania.

I'm late on rent this month, and my landlord keeps letting himself into my apartment to try to collect it. Being late on the rent isn't really my fault - there were some fraudulent charges on my bank account at the beginning of the month that cleaned me out, and my bank won't reinstate my funds until there's an investigation - which I'm assured will be over soon. He hasn't started any eviction proceedings or anything yet, if that's relevant.

It's happened twice now. The first time was Tuesday morning. The door was locked. I work from home, and usually have noise cancelling headphones with loud music playing to avoid distractions, since my downstairs neighbor can be pretty loud. All of a sudden, I turn and see my landlord standing in my apartment, yelling about the rent. He said he'd been knocking for a while. He also commented that my apartment was a mess (admittedly, it was a little messy, but it really wasn't that bad. There were just clothes everywhere because I was going through a bin of some of my old stuff, trying to find something specific) and that I needed to clean.

The next day, I come home from running an errand to find a note taped to my door saying that he needed the rent asap, and - this is the kicker - that he thought he told me to clean and that the apartment was still a mess. So he must have let himself in again.

It makes me really, REALLY  uncomfortable that he's just been letting himself in. I have some really private stuff in pretty plain view because my girlfriend is the only person who really ever comes over.

Is this legal?? Do I have any recourse or anything?

Answer:
 Have you explained your lateness?
Do so and then post date him a check for a week or so from now.


Title: Might get sued not sure what to do

Question:
So here is the background

I was recently let go from a job that wasn’t paying me this is important later

A few months ago, I planned on taking my life. All of my friends panicked and tried finding me but couldn’t do it on their own, so one of them called the police.  Fast forward an hour or two, and I was talked down by another friend so I head back to my apartment where all my friends become relieved that I’m ok, but 5 minutes later a police officer comes into my room and offers to take me to the ER. I declined because I had calmed down and I assured him I was in good hands with my friends.

To the important part,
So the friend that called the police rushed home to try to help me and parked in the handicapped spot because he wasn’t sure how much time he had. The police officer on his way out of the building saw my friends car and ticketed him because my friend doesn’t have a handicapped placard. My friend told us he tried to fight the ticket but the court still required him to pay.  The next week or so everything was really tense between him and I till I confronted him about the whole situation and we talked it out. I decided that I’d offer try to pay him back for the ticket once I got a job and wasn’t skipping meals just to pay for rent because I felt kinda shitty about him getting a ticket over this. Now he is asking me if I intend to pay him back now or if he needs to go through “other means” which I take to mean a law suit.

Does he have a case? I’m not sure what to do and it’s stressing me out so much especially because I’m having so much trouble finding a job and I really can’t afford court fees on top of everything else. Any help will be appreciated
Topic:
Other Civil Matters

Answer: he has no case. it's his own fault for parking in a handicapped spot. you owe him nothing


Title: [DE] What is the legal scope of a bystander/intervening individual in a domestic disturbance situation?

Question:
I apologize for the poorly worded title, but I couldn't figure out just how to phrase it.  I was involved in a situation last weekend that leaves me wondering what I can do about it.

The scene:  Coming home from work at about 2230 in an apartment complex.  I'm walking with a lady friend from my car toward my building when I hear yelling and shouting.  I tossed her my key and told her to get in the car and stay put, and took off.  Three buildings down, I round a corner and there is a couple involved in a domestic dispute of sorts.  Best I can gather is one person had the child, the other person wanted the child, something similar. The woman involved had her car parked and running outside the building and was cussing and getting physical with the man involved, who was cussing back.  They're pretty much grabbing and shoving each other overtop of a ~10 yr old boy.  The woman tries dragging him to the car, the man tells him to go inside.  The poor kid is confused.  I didn't have my phone on me, it was in my bag in the car.  What I ended up doing was getting their attention, trying to calm them down and diffuse the situation, and ask them not to cuss in front of the kid.  They never really reacted to me, but the pushing and shoving died down a bit.

My question: as an uninvolved person, if someone is grabbing the kid and physically dragging the kid, or getting violent with each other, what can I do?  I wanted to put myself between the fighting couple and the kid so he didn't get hurt, but I didn't want to risk some sort of kidnapping charge for blocking a parent from access to their child.  I didn't want to put my hands on anyone for fear of assault.  That said, is there anything I can do to protect the child, or break the two up, without opening myself up to charges?

Answer:
 The best you can do is call 911. I'd be really surprised if someone pressed charges for you placing yourself between them and the child if it was getting violent, but I'd also be surprised if you didn't walk away with a black eye.

I think the best thing to do would either call 911, or if they seem able to take direction, ask them if you can sit with the child on a porch (within their view!) while they duke it out, so the child isn't physically in the middle of their cussing and grabbing.


Title: Is it not lawful to send cash through the USPS?

Question:
We tried sending cash to someone in another state. I know the risks and accepted them. It was a relatively small amount (other person isn’t tech savvy enough for Cash app, etc.) and I had stuck a couple of papers around it so it wasn’t easily seen. We got to the window to mail it out and the conversation went like this

>Postal Worker: Do you have anything you’d like to insure?

Me, thinking that since we were placing cash into the envelope in front of him and he’d see the exact amount, we could insure the cash

>Me: Yeah, we’re putting $X in and we’d like that insured.

>PS: It’s dangerous to send cash, you know.

>Me: Yeah, I understand the risks. Can it be insured?

>PS: No, we don’t insure cash. It’s not lawful to send cash. You can get a money order here and the other person can cash it at the post office.

At this point, he went from cautioning us to preventing us from actually sending cash. Is it actually “not lawful” to send cash through the mail? And is that the same as being illegal or does it carry another meaning?

I see this guy often so I thought maybe he might just be overprotective for us, but I don’t know. It got me curious.

Answer: All those Christmas cards with 20's and 50's. How could this be different? Answer #2: Just hide it in a brick of weed.Answer #3: https://www.snopes.com/fact-check/sending-cash-u-s-mail-illegal/Answer #4: My MIL works as a mail carrier and sends cash all the time. She refuses to use PayPal or Venmo or any other transfer app. Heck, she still won't do online banking and refuses to pay for groceries with anything but a check.


Title: My apartment won’t let me smoke even though weed is legal? (Michigan)

Question:
I came home today to [this note ](http://imgur.com/GUFnndB) on my door. Since the laws in Michigan just changed to legalize marijuana, can I still not smoke recreationally in my apartment? It says illegal drug use which makes sense but it also says no use of medical marijuana which like what. Also, does community mean all of the property or just my apartment? Thanks in advance!
Topic:
Landlord Tenant Housing

Answer: Pets are legal too, but apartments can ban them. Answer #2: Community probably means the whole property in this context. And yes, they can ban things that are otherwise perfectly legal.


Title: COVID-19 whistleblower rights in the US?

Question:
While I haven’t tested positive yet, I learned today that a coworker who I have been in close contact with just tested positive for COVID-19. I was told not to tell ANYONE about this or it would be a HIPAA violation. I then learned that this same thing has happened at several other store locations. I was under the impression that it would only be a HIPAA violation if we revealed the name of the person who had it, but my higher ups are saying that we can’t even mention that ANY employee tested positive and  pretend like nothing happened. I feel like they are BSing me and that this is a string of coverups that is endangering the public. People deserve to know if they went to a store where a cashier had COVID-19.

If I were to disclose this info, and I have plenty of proof in the form of text conversations, what are my rights and could I get in trouble?

Answer:
 No store with a cashier has to be compliant with HIPPA. Unless you already have a professional relationship as a heath care provider with the employee HIPPA doesn't come into play.

>If I were to disclose this info, and I have plenty of proof in the form of text conversations, what are my rights and could I get in trouble?

They can fire you for cause. No unemployment.


Title: Found out all my co-workers got a raise, but I didn't, because I do extra/after hours work, so I'm already "making enough money". This work is not tied to my base salary, but considered a 'bonus'. I'm guessing this is just unfair, but legal, right? (California)

Question:
I work for a tech company and we all just got annual raises. Everyone got 5% except me - I asked why I didn't get the raise like everyone else and they said it's because I'm already making extra money from the side job that I do for the company.

However, the side job is not tied to my base salary, and when I signed on to do it, it explicitly stated that it is not tied to my base salary and can be stopped at any time.

I worked very hard all year doing my regular job which pays way more than the side job, and it feels unfair to not receive a raise like everyone else. Also, the side job could end at any time, and I know I won't receive a raise if this happens.

It feels like I'm being punished for taking on extra work, rather than rewarded.

The side job is a separate paycheck, applied as a 'bonus' and not a part of my regular base salary paycheck, and in the original agreement, it is stated that this is not tied to my base salary. However, when it comes to decisions regarding raises to my base salary, they are taking it into consideration. So essentially, they are cherry picking when it is tied together and when it is not. If it wasn't tied to my base salary, then it should have no bearing on raise increases to my base salary. They even told me I did a good job this year, this was the only reason why I didn't get a raise like everyone else.

I tried researching a bit about unfair wage practices, and California labor laws, but couldn't find anything similar. I know, in particular, companies don't have to give raises to begin with, so it's probably just one of those things where it feels unfair, but there's nothing I can do, and it's legal, right?
Topic:
Labor Law

Answer: Yes, they're legally allowed to punish you for taking on extra work.Answer #2: I would find a new job and then state this reason during the exit interview.


Title: I got drunk, let down tyres - representing myself

Question:
I live in  a small country town in New South Wales, Australia. I got drunk one night with my mates and on the walk home we saw the bus that belongs to the bowls club. It was about 3am so everything was shut.

My mate told me that if you put a small rock in the cap of the air valve and tighten the cap back up it slowly let's down the tyre. (From the rock being pushed onto the valve pin from the cap)

Not even thinking I tried it. Apparently I did it in front of a camera.. Next day (being a small country town and me representing the town in rugby league - most of the town comes and watches the games) a police officer took my statement and a week later issued me court papers. I got charged with malicious damage. I have decided to represent myself..

Is there any tips or helpful advice?

I do night shift its 2am and finish work at 530am and I'm meant to be at court at 930am (today) thanks in advance.

Edit: thanks for your advice, such a stupid was to go to court. So embarrassing, thank you so much for your input - didn't know what to expect first time offence.

Answer:
 Today?

I know nothing about Australian law, the crime, or even exactly what you did. Nevertheless, if you need help right now and have no time to get a court appointed attorney or other help I would suggest that you argue lack of intent. The word "malicious" suggest some sort of intent element. I would think that if you didn't intend to do any damage you shouldn't be found guilty.

If that doesn't work talk to the judge about alternatives to the fine. Sometimes judges, (at least in the US) will allow you to do community service work like cleaning up the side of highways instead of paying a fine.


Title: How do I enforce parenting plan? Police won't help!

Question:
GF sons Father ignores parenting plan in Florida. Supposed to be sharing her son half the week every week, it's judges orders. Yet he just keeps him. Has no regard for the child's desire to see his mother. Actually said one day when she was trying to pick him up from school," you're not his mother anymore!"  We feel he has the kid brainwashed as he's only 12.  What is the point of a parenting plan if there is no one to enforce it. She's losing hope and talking about suicide and I don't know what to do.
Topic:
Custody Divorce and Family

Answer: Your girlfriend will likely need to go back to court over this, and hiring a family lawyer would help.


Title: Can someone please explain what this means

Question:
I am starting a new job and I was a little concerned with the following line in my contract

*"Duration*

*Article 5*

*This Contract is concluded for a limited period of two years and the Employee’s employment under this contract shall commence as of the date of issuing a stay and work permit by a competent police station."*

The company is located in Europe (Croatia)

Does this mean that I cannot resign for the next two years?.If yes, is bonded labor legal in Europe?

Answer:
 That's exactly what it means. If you look further into the contract, there should be a stipulation of what happens should you or your employer terminate employment early.

If this is unacceptable to you, you can walk away before you sign, or you can try to renegotiate the terms with your future employer.Answer #2: > Does this mean that I cannot resign for the next two years?

It means that your resignation is subject to the terms of the contract, but you *should* be able to resign. I'm not an expert in Croatian law, but slavery is illegal in basically every country in the world. You can always leave, but you may incur penalties per the contract.


Title: Fiance (23/m)'s death will be ruled as on overdose. Will I still get life insurance benefits?

Question:
Hello. My fiance passed in February and I just got the news from the coroner that it will be ruled as an overdose as he had illegal drugs in his system.
The final death certificate is still not finished though.
He had life insurance through his work, I am in desperate need of the money seeing as we split finances, but now I'm not sure if there will be a clause.
Any help is appreciated.
Also, I live in Ohio.

Answer: IANAL but used to be in the insurance industry. On a typical life insurance policy the main exclusion was suicide within two years of policy origination. Do you know if it was ruled as an accidental overdose or suicide by overdose? Work policies could obviously be different but if it was accidental I would bet that the policy should pay. Again, IANAL and impossible to tell without reading all of the clauses. Answer #2: Sorry for your loss.


Title: [CA] My employer is asking me to pay $13 for a refunded meal. As an hourly employee, is it legal?

Question:
I work at a restaurant who has had a recent change of management. This guy is nice to me for the most part, but can be a real douche when he gets stressed or things dont go his way.

Yesterday, during the lunch rush, I was super busy and the only server on staff during this time. I had to host, run food, take orders, check out customers, buss tables; I was obviously busy. A lady came to pick up her take-out order and ended up only receiving half of the order. She comes back and asks for a $13 refund for the forgotten meal. My manager comes to the front to comp half of the meal and says I owe him the $13. I thought he was joking so I never gave it to him.

I receive a text later that night reminding me that I never gave him the money for the togo order we messed up. I told him I would bring it in the next day.

I just want to know if this is legal? Im looking for a new job, but I just want to know if I should bring this to the attention of higher management. This is not the first time he has done something that is questionable or just downright awkward.

edit; I know $13 is not much which is why I am not putting up any resistance. I value my job and it is my only means of survival.

update; I went to work as normal tonight and nothing was said about the situation... lol. 13 bucks

Answer:
 Yeah OP, get out of there.  If the manager can't cover a simple 13 dollars and can only afford/keep one server doing like all of the jobs in FOH, there's a major problem with the business and you need to get out. You're saying it was just him, you and the cooks working that shift? Thats not normal. They're out of money, and if the last manager quit too Im guessing theyre having trouble keeping employees. Run, run as far as you can as fast as you can.

Higher ups probably already know how screwed they are. Answer #2: 100% not legal. Answer #3: I would absolutely mention this to higher management.

First off, since the refund was for food she never got, there isn't an actual loss to account for. Taking $13 from you would be straight up stealing.

Second, any wage deductions, fees, or fines should be in writing and based on an existing policy or agreement.

Third, the manager authorized and provided the refund so he is responsible for the transaction, not you. This isn't really a legal issue but most restaurants consider a manager responsible for all shortages so a higher up will likely take your side.