Title: Bag and bike park tool "donated" to goodwill

Question:
Hello legaladvice.
So. Just under a month ago I went to a party at a friend's house and rode my bicycle over with my commuter bag. It is a fairly expensive bag and it contained all my bicycle tools wrenches, chain whip etc. We go to the bars afterwards so I leave said bag there. The girl that hosted the party has a falling out with a particular member of our group (not me.) So 2 days later I receive a message asking if I can retrieve my bag. I live in a different city and said I would pick it up next weekend. She said okay. Proceeds to ignore my messages or say she won't be home that day or whatever. Finally I get fed up and say did you lose it? She states that my friends are (bad people) she used other words, and that she took both my bag and tools and dropped them off at goodwill. Then tells me she is happy she did it. I have proof of all these things. I filed a report and went to the goodwill but obviously these were all gone. All and all everything retail totaled to about 5-600 dollars.
Wi, United States

Answer: You can sue her in small claims for the value of your property.


Title: How much custodial interference / parental alienation is enough to pursue legal action... viably?! :/

Question: My state of reaidence is Oregon.  My son's father *my ex husband* consistently schedules extra curricular activities  (non school sports, young marine training ext) during my court ordered parenting time. My parenting time consists of the 2nd and fourth weekends of each month. He does have sole custody,  however a further example of what I am considering parental interference is: during my weekend one son will have a soccer game, however I must drive my son to his father's home,  wait for our son to change into his team uniform, our child must leave all items at father's resistance *or vehicle if not local at the time* and then when the game is over repeat... take him to father's home, wait for son to change and inspect all items.  Our parenting plan has been the second and fourth weekends as my parenting time for 5 months, in that span of time there has not been one weekend that I have gotten to schedule / do / independently dictate my son's and I's time.  There has been a practice, game, meeting or activity to have them at / to. There are many more examples of can give of my suspect of parental interference however I'm hoping this example alone should be sufficient in wither or not I stand a chance pursuing this via court venue. Regardless thank you to anyone who even just toOK the time to read my situation. T

Answer:
 Why can't your kid just bring the Uniform with him to your house on Friday night?

Yeah, you should take your kid to the game, but there's no reason for the uni to live at dad's house. Answer #2: Of course you can pursue changes to the situation via the court: get your visitation days changed.

Seriously, if the weekends aren't working out for you due to the kid's scheduled activities, then it's time to work out something that *will* satisfy you instead. Maybe you can discuss which days would be better, and get the agreement amended to those days instead.Answer #3: That's the thing, I support my children's sports... to further explain... the son that is currently doing soccer... on average every other game is out of town, 3-6 hours drive time... with a game the following day after *sat and Sunday games* I am not financially able to facilitate transportation to those games... so those weekends I loose 100% of my time with that son... as his father takes him as he is financially able to do so. No make up time is allowed per their father.  So no I do not want to take away from there activities however more often than not I'm loosing my entire weekends... I do feel that a present adequate time for a healthy parent child relationship is more so important than said activities.  :/


Title: (Ohio) Working 50 consecutive hours - do I have to pay for my own food?

Question:
Background: I work at a group home for adults with disabilities. I just got this job within in the past two months after being unemployed for a long period of time. So I want to keep my job but I don’t want to be screwed over either.

 The company is understaff so they have having me work two days in a row including the day and night shift. I can sleep during the night shift as long as I do the two hour visual checks on the clients. But, my clients do not always eat and when they do it’s very little. (This is sometimes a side effect of the medications they are on). I can grab some of this food but it’s not a  guarantee that there will be food for me. Do I have to pay out of pocket for meals while on shift?

Related: sometimes the company arranged a fun activities for clients that I am supervising. This week it was arranged that they would go to a movie. I was told that my company would not cover my ticket but I still need to go to supervise them during the movie. I feel like that is wrong but don’t know the laws well enough.

Answer: Your company does not have to pay for your meals, no.Answer #2: It depends on what’s stated in your contract, but generally, no. Your company is not required to pay for meals if you’re working a long shift.


Title: Found out a local franchise is rounding up all receipts of their customers in town and pocketing the change, can I sue for a considerable amount?

Question:
[IN] About a month ago I noticed that my purchase at said restaurant seemed to be more expensive than it should have been but it was close enough to where I didn't want to do the math.

Fast forward to tonight, my friend and I go there. My order comes out to 7.25 including tax. They charged the card $8.
My friends purchase came to 17.64 including tax. They charged him $18.

Essentially this has been going on for months in my town to most likely every customer that comes through that doesn't question their purchase. They have probably made thousands and thousands illegally.

Answer:
 1. Call customer support for whoever is locally in charge of the franchise. Keep receipts (you could probably go back to build up a paper trail) and get them to CS.

2. You could hire a lawyer who will, for probably around $500 write a cease and desist letter to the managers, franchise owner and their higher ups. This will get their attention but rather expensive.

3. I doubt you will be able to sue for any significant amount past what you have records of paying. You could sue  for $0.75 in small claims court. Not worth it given the filing fees are $45-$50.

4. You could call your CC company and file a dispute against the amount. They may reverse the amount charged and change the transaction to $7.25.


Title: Is it slander to pass on a sexual harassment investigation to a potential or current employer?

Question:
Is it slander for a previous employer to tell and reveal details of a sexual harassment investigation (that you were the harasser in) to a potential or current employer?

Mind you there was no conviction following the investigation; I wasn’t even fired. The entire investigation was based on a mildly flirtatious text I’d sent to an employee below me. There was no vulgarity, and there were no images, the texts could just easily be called flirtatious...that’s all that was investigated.

If this investigation were revealed by a previous employer, or even a former co-worker, to a potential or current employer, would that be considered slander against me?

Answer: Not if the statements were true (e.g. “there was an investigation/allegation/issue of concern”) or opinion (e.g. “He executed poor judgment in working with subordinates.”)


Title: [Canada/Mexico] When does lying become actionable?

Question: [deleted]

Answer: Lying can be actionable if it harms your reputation, e.g. it is defamatory. You could sue her if it resulted in damages.


Title: Is there anyway i could lose my canadian son in America?

Question:
So I've been having issues with my sons father and his family. I live in Canada, his father lives in Maine. They've been threatening me and my boyfriend a lot and writing very long slanderous statements about me on Facebook.
 Since the town we live on is on the USA border. I want to press charges on them. But I was told if I go to the cops they will call american child protective services on me (they have no reason to but theyre famous for making things up) and have my son taken at the border from me. Could this happen? His father isn't on the birth certificate and has zero rights to him. Also if it could happen would I have to deal with the american foster care system or would be returned to Canada ? HELP.

Answer:
 Private citizens do not press charges. You should contact an attorney if you think you have anything actionable.

They have no clue what they're talking about, nobody is taking your kid at the border. Nobody is doing anything when they have no rights to your son. If he isn't on the birth certificate, why are you still in contact with them? The onus would be on his father's family to do the legwork to prove that the father has a right to see the son, not you.


Title: DE, I have an abusive dad but I don't want him to go to jail. I'm not even sure if I can get him in trouble.

Question:
I'm a 17 year old girl in DE that lives with a physically abusive father and an enabling mother. During one of my father's worse abusive spurts, my girlfriend had called the police for me. However, before they arrived my mom managed to manipulate me into convincing them it was a false alarm. She succeeded and he was let off with a warning for "letting discipline get out of hand."

A week ago my dad tried bashing my head in with a glass jar and my mom had to restrain him. When I begged her to let me call the police she told me that she can't pay for this house alone. That we had no place to go because all of our family members live far away and I needed to go to school.

The people who rented our old house in NJ aren't paying, one of the parents is unemployed and they haven't been answering phone calls. My mom isn't good with confrontation and won't take legal action on them.

She still has the mortgage of that home and our current home under her name. She told me that we would be unable to get an apartment because of it.

Is this true? Are we really unable to move away because of those two mortgages? Is there no way I can report my dad and somehow force him to take anger management? Please help. I should have asked this question years ago but I always thought I deserved it until some good friends came along.

Answer:
 [Start here](http://dcadv.org/how-get-help)

Don't ask your mom for permission to call the police. Call them if you are, or she is, in danger. The link I provided can help with shelters and legal advice specific to Deleware.


Title: Need help keeping my navy career (PA) (fixed)

Question:
Ok, so a little back story.

Earlier this year, I was accepted into the nuclear engineering program within the US Navy. This summer though, I was hanging out with my friends and they ***not I*** were smoking weed in the car that we were riding in. One thing lead to another and the police pulled the car over and found people smoking inside.

The driver and I (passenger) were arrested for possession and possession of paraphernalia. The others in the back seat were not charged with anything. Which does not make sense to me because I was the only one not smoking... The officer on the scene says that the driver was charged for obvious reasons, but that I was charged because the "marijuana cigarette" was on the floor next to my seat, so in my area more than others. For this, I was charged with possession and the paraphernalia charge.

Here is where I ask, what do I do now? If i plead guilty and go into the first offender's program, I will get kicked out of the Navy ( I don't want this to happen). If i plead not guilty, I believe that I have the resources to fight the case and that I should be able to win, but the problem is that my ship date is early February next year, and fighting the case could take a long time.

The driver of the car has said that he will appear, or if he can't he will deliver a letter that is signed and notarized to the court officials (we are not sure who to give it to yet) and that maybe my charges would be dropped. (This legal advice that was given to me by an ex-state trooper, but when I spoke to my attorney about this, he said that it wouldn't work that way?? And he insists that I plead guilty... which I believe is my worst option)

What's my next move?
Topic:
Drug Possession

Answer: I don't think you can ship with pending charges.  I'll be blunt. (no pun intended). This poor choice in friends may end up costing you your career.


Title: My hand got bit while trying to separate my dog from a neighborhood dog. (California)

Question:
This happened Saturday night, on the 26th.  I was walking my dog around the block with him on a leashed tied around my waist, the usual.  There is a 2-3 foot brick wall separating this man's property and his neighbor's which is what allowed his dog to come around the corner of that wall and approached my dog at the sidewalk.  It all happened so fast, they almost immediately started fighting with each other but my German Shepard had the upper hand on this medium sized dog.  Both the owner and I were trying to separate the dogs, with my dog getting a few punches in the mouth/nose area, and in the end, I ended up with bites on my hand and some scrapes on my elbow and knee.  I was on the street by the time I was finally able to pull away my dog.

I spoke to a police officer today from the animal control division and he said that the best they could do, if I file a report, would be that both our dogs would be quarantined and that man would be cited IF his dog is not registered to the city.  As far as the dispute, he said that this is a civil matter and that I was in no way at fault because I had my dog on a leash and he didn't.  I missed out on two days of work already, and I'm missing out on one more, plus I had to visit a clinic to get a doctor's note so I can return to work, all costing me hundreds of dollars.

I don't want to sue the guy, I feel bad that his dog got injured and I know he had to take his dog to emergency care.  But I am losing out on money that I could be making, I work as a server and earn most of my salary through tips.  As it is, I'm already in debt and I cannot afford to get lawyers involved.

What I would like to know is the best way to contact this person and legally ask for compensation for my loses and how can I legally  hold him to it?  I have his cell phone number, his name, and I know where he lives.

edit: number

Answer: You can ask him to pay. If he chooses not to, the only way to force him to would be to sue. Or you can do nothing and get paid nothing. Those are literally your only three options.


Title: Landlord power washed balcony

Question:
Hey everyone so I'm wondering If I can get some insight on this.

So I live  in an apartment in Texas and my landlord hired people to climb onto my balcony and move stuff around to power wash it. I live on the second floor. I always come home for lunch as I live close to work and when I came this afternoon there was no notice. As I just got home, a note was left on the door and my stuff moved around on the patio really all without telling me. Luckily I locked my dogs up this afternoon otherwise who knows what could have happened. I generally leave my patio door unlocked. Is this a violation of my living rights? Is my patio my dwelling unit?

Answer: I think it's great your landlord does shit around your place, like power washing your patio. All's well that ends well.


Title: [WA] A backpack containing expensive gear was taken from the trunk of my car in my apartment complex. Recently I was searching for my lost cat and I discovered the gear on the floor of a locked maintenance area.

Question:
I had some slackline gear worth about $1k stored in a large backpack, and it disappeared a few months ago.

I saw the gear without the backpack on the floor of a random maintenance area in my apartment complex that contains broken washing machines and random furniture.

I am planning to just talk to the apartment and try to retrieve it but are there any precautions I should take?

I don’t know what happened. Someone may have stolen the backpack, and then dumped out the gear, and the maintenance guys put it back there. It is not obvious the gear is valuable: specialized pulleys, rope and webbing.

Any advice?

Answer: Call the police.Answer #2: Take photos showing your gear is in the maintenance area.


Title: Wanting advice on next steps against pregnant meth addicted sister (Indiana & Kentucky)

Question:
Hello, decided not to use a throwaway so I could refer back to this post. I am currently 18 years old as of March and I am working two stable jobs. I live in IN. My sister just turned 25 and is pregnant, due in November and has been using Meth and Heroin, switching variously, while pregnant. She went into a hospital program but left after one day. She resides in KY.

She sadly is not seeming to get clean and I am more than happy to take care of the baby. The issue is her not communicating with me anymore. Her and her boyfriend are addicts and after her boyfriend lost his mother in a coma, he lost custody of his little brother. They don’t have any income and are not fit.

Even though I am on my own for the most part, I live with my mother. She is a recovering drug addict who recently relapsed but is back on the road to recovery. She lost custody of me when I was a child and never regained it. She only has 3 year old drug charges but it’s still a concern considering we reside together.

Another thing is my father is on social security and has no charges to be concerned about. However, he lost custody of my brother in a civil suit against my grandparents. CPS was not involved, however.

What I’m asking is how I would make myself look best fit. Which parent should I lean on the most and should I go ahead and get a home study, background check, finger prints, etc. done? How do I do this since it is crossing state lines? I need help very badly because the baby is due in the fall. Thank you.

Answer:
 As unfortunate as it is, you have next to no chance of getting custody of the child.

Firstly, the state has to determine that the baby’s parents are factually unfit after they are born. Not that there are family members that would make better parents, the baby’s bio parents actually have to be an unsafe situation beyond the help of resources that can be provided.

If they do find that the baby would not be safe in that situation, they will seek to place the baby elsewhere. The state will prefer to place the baby with a relative (this is known as kinship care), but they will only do this if they feel that any relatives are suitable. Sadly, an 18 year old, especially if they aren’t entirely independent, is almost definitely not going to be considered suitable. You just won’t have the resources you need to adequately care for a baby


Title: Parents and credit card fraud

Question:
My parents opened a credit card in my name. At this point, I finally called the credit card company and told them it was not my card. There was a $1300 balance. They closed the card and said t would be a fraud investigation.

Wondering if this will get back to my parents. They opened the card 7 years ago - I’ve never seen it, made a purchase/payment/etc. Will they get in trouble? What does this investigation entail? Will it be investigated ?

Answer: Will your parents find out there is a fraud investigation and possible criminal charges? Yes. Very very likely


Title: I received a few large cash gifts (in euros) and need a way to get them back into the US.

Question:
Like the title states, I recently received a few large gifts in euro cash.  I don't have any european bank accounts and can't open any in time prior to my departure.  My main question is: I have a family member, who is a US citizen, and has an european bank account.  What would be the tax consequences of depositing the cash into their account and wiring the money to my account in the US?  To be clear: this person didn't give me any of the money, it is over the tax-free gift amount for a single person, they are a US citizen don't particularly want to cause them hassle with their taxes.  Will properly documenting the deposit and the wire alleviate the gift limit?  I view it as a free service they are providing me.  Don't know that the IRS would agree.  I'm open to other suggestions too!

Update: the bot is complaining about my lack of location.  I'm currently in the EU and my question is about US law.
Topic:
Tax Law

Answer: This sounds an awful lot like those Nigerian Prince emails....


Title: [WA] Major garage chain lost our car keys, car stolen from their lot the following day.

Question:
This is a major tire/garage chain in Washington.

Wednesday we dropped our car off in the afternoon to get four new tires, and planned on picking it up the following day since they didn't have time to do the work that afternoon.

Thursday we get the call to come pick the car up.  We show up, pay the $600+, wait for them to bring the keys over, when we see several of them start looking around frantically.  Long story short, we wait an hour for them to tell us they're sorry, but they lost our keys.  They asked if we had a spare, which we did not.  They said they would get a locksmith to come down and create a new key and fob.  I'm a pretty calm guy, and I understand crap happens, so I wasn't too upset and said to please notify us ASAP when the key was ready.

Friday we called them, still working on the key.  I gave them through the weekend (probably too generous).  Monday I called them for an update to be told, "Oh, we thought you picked it up over the weekend already."  NOPE.  They reviewed their security tapes, and at 2am on Friday someone hopped right into the car with our key and took off.

Is there anything I should be doing other than letting insurance handle it and filing a police report?  The store manager has been as nice as possible, but it's essentially out of his hands and dealing with corporate now.  I'm upset because they failed us several times over.  Losing our keys was bad enough, but we've found that of the 16 cameras in the store, none of them are aimed at the board where all keys are hung (for anyone to grab).  They also don't have a working camera of the parking lot (only an inside camera looking out through a window, extremely low quality).  They told us that NORMALLY they don't leave cars out in the lot overnight, they typically lock them up in the garage... but since they lost our keys, they "had no choice" but to leave it out in the parking lot.  They also lost a house key, and our address is in the glovebox, so we're contacting a locksmith.

Any advice appreciated.  The car was 100% in their possession, so I'm hoping we don't get too shafted here.

EDIT: After some vocal prodding, corporate has refunded our entire $620 new tire bill while they "continue to investigate."  No charge back needed.  I assume they know they're screwed.

Answer:
 Call the police, then file a claim. Most likely an inside job, a rando customer isn't going to jack some keys and hope he gets lucky enough to steal a car a day later. The timing makes more sense too with an employee taking the keys, wouldn't be surprised if it was the manager even either. Could have a connection at a chop shop, he has a "guy" who takes the cars there and he gets a cut. Pretty easy side-money.

Just my 2 cents, I deal with a lot of loss prevention. 99% of the time it's an inside job.Answer #2: It was an employee you can almost guarantee it. But their insurance will have to cover it. And if I were you I'd try and get that $600 back. Through no fault of your own you won't get to use the tired you paid for. Answer #3: Funny how people believe the keys were really lost. And not just stolen. Answer #4: In addition to calling the cops call the DMV and report it stolen and if you have a toll tag get that straight too.Answer #5: You paid for them to install new tires and deliver your car back to you with those tires on it. They didn't hold up their side of the transaction. Charge it back and let them add that to their insurance claim with their own carrier.


Title: Can cops pull me over for having an EXTRA break light out?

Question:
Hey guys, I drive an 04 Audi A6. The car has these lights near the trunk, and then the normal break lights. Just one of the *extra* break lights by the trunk is out, but both the real break lights work fine. Could a cop pull me over for this since it’s not a real break light and the normal ones work fine?
Topic:
Traffic and Parking

Answer:
 “Sorry officer, thanks for the heads up. I’ll get it fixed immediately.”

“Have a nice night”

“You too officer and stay safe out there”Answer #2: Generally, if you have extra brake lights, they're all required to be working.Answer #3: Yes, Police can pull you over for defective safety equipment.


Title: Granted someone lifetime estate then brought in a renter

Question:
My grandfather is elderly and in a nursing home. Back in May of this year, he went ahead and gave my mom her land inheritance so that she wouldn't have to pay inheritance tax when he dies. Part of her inheritance includes his house and the 2 acres it sits on. After the deeds were filed, the attorney came back and realized that he should have had my parents give my grandfather "lifetime estate". A new deed was filed in July 2018 to this effect (giving my grandpa lifetime estate). My parents both are playing dumb and saying they never actually filed the lifetime estate deed. Supposedly my dad took everything to the courthouse but didn't have all the paperwork so it never got filed. Well, I'm am looking at it on the county records site and it was  most definitely filed.

My grandpa has gotten much better after being in the nursing home and in rehab. I think he could be able to come home by January but my parents have a renter in the house now. How are they allowed to have a renter when they've given my grandpa lifetime estate?

Answer:
 You're correct in thinking that your parents are in the wrong. If your grandfather has a life estate, then they are not allowed to rent the property. They do not have current possession of the property. Answer #2: If your grandfather has an actual life estate that preceded the lease and he (or someone holding PoA for him) never agreed to the lease then he likely would have the right to evict the tenant and occupy the premises himself.

At the very least your parents would owe your grandfather any rent collected.


Title: [CA] Is there a site like glassdoor.com that makes legal costs in my geographical area more transparent in California?

Question: something like a Kelly blue book of legal services per city or region. I have no problem paying a fair cost for services for my particular area except I have NO IDEA what the fair cost is.

Answer:
 It's hard to nail down for a couple reasons. The first is that it greatly depends on the hourly rate of the lawyer involved. A more experienced or credentialed lawyer will cost more for the same unit of time. However that same lawyer should be able to complete the same amount of work more quickly than a less experienced worker.

The other issue is comparing cases. Some issues may seem very similar, but there is a certain aspect to one case which causes it to explode in complexity, and double the amount of hours required; doubling the costs.

Not all legal work is hourly based - immigration law is typically a flat fee, and could benefit from a system you're thinking about. But for most other things you need to get a quote after a consultation, which should include the lawyers hourly rate and how many hours they think it'll require. It's no different really than hiring a home contractor; it's a function of their experience, the materials they use, and how long they think the job will take, so it's going to require a specific proposal and quote, instead of a blanket price list.


Title: [TX] Terminating Marriage and Sponsorship to an Illegal Immigrant - How Do I Distance Myself Legally

Question:
\*\*\*TIMELINE\*\*\*

\--> Nov 2012 - I married an illegal immigrant.

\--> Dec 2012 - His First Infidelity

\--> Dec 2012 - He gets a DWI (.16% BAC), as an unlicensed driver. Immigration gets involved, but all immigration issues are dropped after seeing a judge. He gets community service/fines for the DWI

\--> Jun 2013 - His Second Infidelity - resulting in his giving me an STD he contracted from his partner

\--> Oct 2014 - I had his son.

\--> Feb 2015 - We hire an Immigration Lawyer to assist with applying for a visa. (There is now information out there that the man we hired would become known to turn in his clients as illegals and use their troubles to collect more fees.)

\--> Jul 2015 - Immigration (ICE) shows up at our home and takes him into custody. To get him out of custody **I had to sign a document** acknowledging he had no ability to obtain employment, operate a vehicle, or leave the country. I have no idea what this document was formally, and I cannot find any copy of it. For the next 17 months I provided the sole income for myself, my husband, and our infant son. This would include living with his 2 illegal immigrant brothers (who were working illegally) in our apartment.

\--> Jun 2016 - I move with my husband and child into my mother's house to get my infant son away from the illegal activity.

\--> Dec 2016 - I forced him to move out and I have been living on my own sharing custody of our son amicably with him since then.

Since then, the dates of things are a bit fuzzy, but since I see him twice a week and my son can talk now, I can put together a few things:

\- He eventually moved back in with his 2 brothers and they all live in a house owned by a nearby business that illegally employs all three of the men. They all three work under fake documentation and pay cash for their domicile.

\- He eventually got a car, and continues to drive illegally, to include transporting our son whenever he has him.

\*\*QUESTIONS\*\*\*

1) What is the form I signed? Any ideas as to how I can find out? ICE Hotlines keep giving me a runaround.

2) TX Courts do not recognize "legally separated" couples. Does this mean that I will be unable to distance myself from my husband's illegal actions even though we have been living apart for almost 2 years?

3) How can I go about revoking any sponsorship I may have agreed to?

Answer: I am not a lawyer, but since you signed documents, you probably need one. I would suggest speaking to an immigration attorney.


Title: NYC tenant; had no gas for 6 weeks; landlord is refusing a reasonable rent deduction.

Question:
I am an NYC tenant. National Grid turned our gas off because of a leak in the landlord's pipes (a neighboring apartment smelled gas and National Grid inspected multiple apartments and two apartments had leaky pipes).

We communicated with the landlord almost daily but it took them six weeks to get a plumber to come and fix the pipes to have our gas turned back on.

We asked for a 40% rent deduction for those six weeks. Their response was: "You should have bought a toaster oven. You can have a 10% deduction".

What are our options here?

Answer:
 your options are to do an HP action, withhold rent until you're sued and raise the gas as a defense, or bring a suit in regular civil court to seek an abatement. all of those are
bad ideas for various reasons.

10% is reasonable. you will never get 40%. the case law indicates a $10/day abatement but that is for no cooking facilities at all. Answer #2: >You should have bought a toaster oven.

Is your oven the only thing affected by the outage?  What did you ask of your landlord during the outage and what was their response?


Title: [WA] Speeding ticket 81 on a 60, can/should I contest it?

Question:
Got a speeding ticket at 1:15AM while going home from friends house. The officer was exiting the ramp and trailed behind me. I noticed the weird lighting on the vehicle and slowly tried to slow down. The officer pulled me over and said I went a max 81 on a 60 but was kind enough to give me 70 on a 60 with a penalty fee of $125. I understand the repercussions of speeding but this will surely raise my insurance premiums (recently turned 20) and I'll gladly pay the traffic attorney fee if I have a chance at dismissal. Sadly I totaled my mom's car after taking incorrect directions from her and cannot defer until 2021.

Any chance someone can give me some advice beside the usual "you shouldn't have been speeding," or "you deserve the ticket and the officer was kind enough to lower it," etc.

Thanks!

Answer: What do you think your defense would be if you decided to contest it?


Title: Abusive husband will not divorce

Question:
I have an abusive husband that sees no reason to divorce me.

I had a car wr eck and 3 strokes at the scene, was unable to work for 11 months. My insurance wouldn't help because the other d Iver left the scene.

I can't afford a divorce but he can.
He has been living with another woman for several years.

I have always paid for a new car every 4 years but I can't work now only because I have no transportation to do so therefore, I can't afford a divorce.

Answer:
 A divorce attorney may be able to help you set up an interim support order, and you can use marital assets to help pay for the divorce. If your spouse is denying you access to marital funds, that's often one of the first things an attorney will help you sort out. Call your local bar association or law society, or a local domestic abuse group, and ask for a referral.

Your attorney can also help you push a divorce through even if your husband won't cooperate, in most jurisdictions.


Title: In Ohio, my husband of almost 10 years filed for dissolution. What do I do from here?

Question:
My husband and I will have been married for 10 years in January. We have two sons, ages 10 and 8. A month ago, he moved out. Last week, he told me that I had to move out so he could move back in. He told me to leave the boys with him, but there was no way I was going to do that. Yesterday, he came over to give me dissolution papers. I was floored. I knew he had spoken to a lawyer. He said that it was about what his legal rights to the boys were. I have spoken to a lawyer and they advised me to not accept a dissolution. That I should actually file for a divorce.

We don't have many assets. The main issue, besides the boys of course, is our truck. It is completely in my name. I can't afford the payment on it though. He wants to keep it and keep making payments on it. I don't know if I trust him to actually make the payments.

He wants to do 50-50 parenting with the boys. Which I will not allow because we are living in separate towns and I don't want to disrupt the boys lives one week at a time. Also, because since he moved out he has seen them 3 times. I think this is more of a ploy to get out of child support. He hasn't paid for anything for them since he moved out.

What are my options here? I honestly don't want my marriage to end. But if he is insisting on it, what is the best way to go about it?

I made a post on r/relationships with the backstory if that is relevant. https://np.reddit.com/r/relationships/comments/5a465d/my_29f_marriage_of_10_years_is_ending_im_not/

Answer: You really need to see a divorce attorney immediately.


Title: PLEASE HELP - OVERWHELMED WITH DEBT

Question:
PLEASE HELP!

I was forced to close my business in 2012 (after 15 years) due to a series of devastating events from 2006 to 2012. Since that time, I have been overwhelmed with the tax and credit card debt remaining from my business. My credit has been ruined due to delinquent credit accounts. I have not been able to find meaningful employment over the past 4 years. In Feb 2016 my wife became unemployed after 16 years with her company. We have not filed taxes since 2011. We have exhausted our savings and over the past year have been drawing from our 401K for essential living expenses (and incurring 10% early withdrawal penalties). We have 2 children and are in fear of loosing our home. We are simply overwhelmed and need help sorting this out and creating a realistic plan to get us back on track. Your help is greatly appreciated.

Answer: You want to talk to a bankruptcy lawyer.


Title: Yard as Established Thoroughfare

Question:
Just bought our first home. Super excited.

One aspect I have a question on, however: There is a church behind our house that much of the neighborhood attends, and many of them use our yard as a cut through to the church (long walk otherwise). The prior owner had no problem with this and in theory I don’t either, but wanted to throw this out there for your opinions in case there’s something I’m naive about. Is it a problem to let this practice continue?

Only our immediate neighborhood uses it, as it’s a rather detached neighborhood, so I’m not worried about strangers using it, only neighbors. The neighborhood has a great sense of community and I want to continue that. But am I liable if someone is injured walking through our property? Is there something I should do to mitigate that liability?

I should also say we have a french bulldog. He stays inside unless we let him out to go to the bathroom. He’s very friendly and not territorial, so honestly I’m not concerned about an incident on that front, but thought it was worth mentioning. I’m planning on putting up chain link around the yard so he can run around, but I wouldn’t necessarily have a problem with people opening the gate to cut through.

Thanks in advance.

TLDR, yard is established thoroughfare. Should I let this continue?

Answer:
 > Is it a problem to let this practice continue?

Yes.

> TLDR, yard is established thoroughfare. Should I let this continue?

No. You should take action to prevent people from cutting across your property. If the path is used regularly this way for 15 years (including time before you bought the property and after you sell it), the users will have established a prescriptive easement - which will forever prevent you from interfering with that use of your yard as a pathway.

**EDIT: Removed advice that might, under the circumstances later disclosed by OP downthread, expose OP to civil liability.**


Title: MY FRIEND A DOUBLE MURDER SUSPECT IS IN THE HOSPITAL AND MIGHT NOT MAKE IT. Why can't we visit him?

Question: He has yet to be charged please help me and his parents are having a hard time right now. We are in Arizona and I'm sure he has yet to be legally charged due to his condition. Thanks reddit

Answer:
 Because of reasons.

You've given us nothing in the way of details, so no way to hazard a guess.Answer #2: You can't see him probably because he's a double murder suspect. Or because you're not immediate family. Or both. Answer #3: Because he's under arrest and you have no more right to see him than you do any other person who's under arrest.Answer #4: you have no right to see him legally. his parents might have more leeway but you aren't explaining the whole story so it's hard to give advice


Title: Is it common for apartment renters with a limited credit history or low income to be charged a rental premium? And why?

Question:
A place I've applied for has informed that I'll have to pay a premium on top of the advertised rent amount.
Topic:
Landlord Tenant Housing

Answer: They think you are a risky tenant.Answer #2: An increased deposit for bad or no credit is not uncommon.


Title: Denied service at a liquor store because my license is vertical with "21 in 2015" in red across the top. (Kansas)

Question:
I turned 21 at the beginning of the week and since have been denied the sale of alcohol because my license is still vertical. I am in Kansas but am using a California license since I am in college. This license does not expire until 2020. I understand that they have the right to refuse service to anyone.
Am I breaking state laws by using my vertical license?

Answer: You are not breaking any laws trying to use a valid ID to attempt to purchase alcohol. They are not breaking any laws refusing to serve you with a vertical license. Most places will not take one for alcohol, and you will need to get a new one, regardless of when it expires.


Title: [Ireland] Teacher 'abusing' power to send someone home?

Question: Not sure if anyone here is Irish, but, in school, my brother has been in trouble a lot, he can be cheeky and whatever, so, I never though anything of it, but, he was sent home again today, 20 minutes early from home time for 'not doing work' but he literally has proof that he wrote an A4 page and a half, which is quite a bit for high school, this has apparently being happening for most of the year, the teacher will say he didn't do work, he will obviously get angry, a bit cheeky and sent home immediately.. Changing school would be a hard option, is there anything legally we can have over the school in order for them to be kind of forced to change how they run?

Answer: I know very little about Irish law.  However, if your brother's response to anything is to get abusive, it's very unlikely that there's a legal problem here.  Have him correct his attitude problem first, then worry about the teaching staff.


Title: I'm so confused on copyright laws. Can I take a screenshot of a program or am I in violation? If I can, why can't I take a screenshot of a website logo?

Question: I am from the U.S.

Answer: You can screen shot anything you want. What you do with it is where you might cross legal lines


Title: Ex-husband didn't disclose student loans in divorce filings...

Question:
Asking for a friend:

1. Divorce was final in 2015; no lawyers used in this divorce; state of California.

2. Husband DID NOT disclose student loans on financial disclosures and the wife had no idea they even existed (husband routinely hid assets/debts)

3. Friend just checked credit report and there is a total of $35k sitting on her credit report. They're all in deferral and the interest has taken its toll on the balances.

5. She contacted him after viewing the credit report. He denies that these are his loans (claims that they're hers, which they're not). She did most likely sign as a co-borrower.

What should she do next? Obviously this should've been disclosed and handled in the divorce case.

Answer: She should speak with a divorce lawyer. This is why you always have a divorce lawyer when getting a divorce.


Title: My wife is being denied unemployment for a wrongful reason

Question:
Hello everyone,
Recently my wife was let go from her job on 12/22/17. Her boss told her she was letting her go based on “negative attitude”. They had a disagreement on how the shop should be arranged and her boss said she had enough of her negative attitude and let her go. We filed a claim with Colorado unemployment. Today we received the following letter from the unemployment office:

Please provide a response to the employer's statement. Is this correct? If information is not provided the deputy will make a decision with the information in the file.
Statement:
The employer discharged the claimant for dishonesty. Co-workers reported the claimant was going through the files to get personal information on clients because she wanted to quit and have her own business. On 12/22/17 it appeared the claimant again was taking information from the computer system, but she denied it. She discharged the claimant, saying she could not have a dishonest person working for her. It had nothing to do with the claimant wanting to move carts around. After the claimant left the employer picked up paperwork from her grooming station that showed client names and phone numbers.

A response needs to be received [VIA RETURN EMAIL] by 1/31/2018 8:20 AM Mountain Time. This information is needed to make a determination, and failure to respond by the specified date and time will result in a determination based on the information already on file which could potentially be unfavorable.

This account is wildly untrue. My wife has no record of any of her clients phone numbers with the exception of the one who have reached out to her after she was fired. She has responded to these clients by saying she is currently not working right now and cannot take on any appointments. She was never talked to about any dishonest actions. All of the employees were told in a meeting on 12/12/17 that they no longer have access to the scheduling computer, the reasons that were given was to cut down on scheduling mistakes so only managers have access to the computer. We in no way have the money to start up her own business. When we packed up her things there was no such documents in her grooming station.
My wife is devastated, she is by far the most honest person I know. We are just wondering what our next steps should be, we know we have to respond by tomorrow stating this is a false claim but after that if they still side with the employer what should we do. My work provides legal services at a discounted rate so “lawyering up” is an option.
Thank you in advance for all your help!
Topic:
Employment Law

Answer: Having the initial claim denied is very common. Your wife should assemble a response as directed and mail it back - and quickly, since the deadline is close of business this Wednesday. Generally if she files a response there will be a hearing to review the case, and unless her employer can corroborate their side of the story it's somewhat likely your wife's unemployment will be approved.


Title: (TX) the house I'm renting might be sold in a sherrif's sale!

Question:
I rent a home from a family friend, we signed a 6 year lease since rent was so low, ($350). We're 1 year into the lease. It's a great house, huge yard, and we fixed it up nicely in exchange for the low rent, locked in lease. We knew we'd be here a while and our family friend didn't trust other renters and didn't want to sell because this is his mother's old house.

The owner owes 1.5k in property taxes. We got noticed the house might go up for sale in a sheriff's sale.

What happen to us if the house is sold? Will we be homeless? Can we pay the 1.5k to stop this? will they have to honor our lease.

Answer:
 [Here's the relevant law.](http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.24.htm)

Excerpt:
>If a building is purchased at a tax foreclosure sale or a trustee's foreclosure sale under a lien superior to the tenant's lease and the tenant timely pays rent and is not otherwise in default under the tenant's lease after foreclosure, the purchaser must give a residential tenant of the building at least 30 days' written notice to vacate if the purchaser chooses not to continue the lease.

Translation: the new owner may choose not to continue the lease, but would have to give you at least 30 days as long as you paid rent on time.

You can pay the $1500 for him if you wish, and it seems like it would make economic sense. But you also need to consider whether or not he'll lose the house in another way (is there a mortgage on it?). If his financial situation is bad enough to make him delinquent on property taxes, it could just be a sign of more problems to come.


Title: I was advised to post this here. I went away for 5 weeks and came home to this I'm just looking for some advice.

Question:
So I went away for five weeks and about a week in a pipe burst, the on site manager of the apartment complex came in turned the water off and informed body corporate, they in turn did not do anything, did not inform my real estate agent and did not inform me. So fast forward to yesterday, I come home after five weeks and my entire apartment is covered in mould, almost everything I own is ruined. First thing I did was call real estate they had no idea and being a Saturday they told me they couldn't come asses till Monday, they did get a plumber in to fix the leak so the water can be turned back on, but realistically how does that help when the apartment can't be lived in, here are a few photos of damage but it is far more wide spread than this http://imgur.com/a/tnhBe

I just need some advice on what to do? I don't even know where to start...

A bit of back ground I live in Australia in far north Queensland and I don't have insurance (I know I'm an idiot but that's not the point of this story)

Also sorry for the formatting I'm on mobile because my computer was of course in my apartment.

Edit: thank you everyone for the advice I have called the RTA and they have given me some advice as well as a few numbers for free legal aid I am having a meeting with my real estate agent in 10 minutes and will work out my next course of action depending on the outcome. Again I can't thank you all enough for you advice and kind words at a shitty time. Oh and to top it off the battery in my car died today luckily I was covered for that!

Edit 2: everyone is trying to wipe their hands of the matter, real estate have even told me that I am liable to remove all the damaged property and will not have any entitlement to compensation. I have been referred to a free legal service so hopefully they can give me some better news... Because if not I have no idea how I am going to get through this...

Answer:
 If the responsibility for the apartment was on the complex (aka you informed them you'd be gone for those 5 weeks), at least in some states in the US (not australia) there are tenancy laws which state that since the apartment is uninhabitable you can move out for the time being and pass incurred fees for doing so to the landlord (or even break the lease and sue for damages).

That's the US, of course. But it's a place to start.

Edit: A wordAnswer #2: r/auslaw cannot give you any advice but they do have a sticked post with relevent online resources to give you some direction


Title: Furnace has been broken for a week. No heat.

Question:
My furnace broke on NYE. Landlord had people come out on the 2nd and they said it going to take 1-2 weeks to repair. PA law says it should be repaired in 24 hours. Landlord call and says he’s going to have someone come out by Monday (yesterday) in the meantime take $50 from the rent and buy a space heater. I found one for $60 and bought it. My house is still freezing.

Monday evening comes. I sent him a message. He responds that he called and got voicemail so he’ll let me know. I haven’t heard back yet.

I have a 4 old.  I can’t fall asleep because  it takes 3 hours for the space heater to warm up my bedroom. My kid can’t take a bath because it’s freezing.

What do I do?

Answer:
 This seems like a good resource:

https://www.palawhelp.org/resource/warranty-of-habitability

Since your apartment is essentially uninhabitable in this weather without heat, you would probably be justified in staying at a (reasonably priced) hotel at landlord’s expense. Your best best bet to avoid a contentious situation is to try to get the landlord to agree to deduct your hotel stay from your rent before doing it but in the end, if you withheld rent unilaterally, I think your landlord would have a hard time suing you for it.


Title: Recording children under 18 and posting it on YouTube/Facebook

Question:
I am running a talent show in Texas. I would like to post the videos of the talents being performed on a youtube page that is link to my organization's Facebook page as part of a resource bank. I am assuming for performers over 18 all I need is verbal consent from them saying it's ok to post their videos and their information with them, but what about people under 18? Some of them will be coming to the talent show without their parents.

Also, in general, are there any legal issues people generally run into with talent shows? There is no entry fee but there are cash prizes.

TL;DR: Want to post videos of talent show performs of any age on YouTube and Facebook. Children under 18 may be coming without their parents. Plus any advice on talent shows where things can go wrong.

Answer:
 > all I need is verbal consent

I would go further and get signed consent.

That said this is one of those small time v. big time and "what do you do if someone complains" if you intend to be respectful and remove a bid if someone asks and aren't tryiing to be the next viral sensation honestly you have no worries. If you plan to use them for marketing purposes you will def need actual consent.Answer #2: I'd suggest getting signed consent from those who are over 18, and from the parents of anyone under 18. have them sign it for photography and video.

it's probably not necessary but is definitely best practice and a good cover your ass move. thats what most summer camps and schools do. I bet you could find a template for this sort of waiver online.


Title: Is trash fraud a thing?

Question:
Live in New Jersey.   My apartment complex has two recycling bins, one for glass and plastic and one for cardboard/ paper.  There is also a large trash bin for general garbage.  Today, at 9 AM I noticed that a few guys show up in an unmarked pick-up truck and move bags from the recycling bins and place them into the trash bin.  At 9:20 AM, the contracted waste-management/ recycle truck came around to check the recycle bins. As they were empty, the big truck drove off.

I don't pay separate for recycling, but  I've got a feeling there is more going on here..

Is trash fraud a thing?  Is there an investigation agency to report this to?
Thanks.

Update #1:  At 10:45 AM, a man in a unmarked jeep drove up next to the bins.  He popped the trunk and there were boxes and bins filled of trash.  He then proceeded to unload the garbage from his car and unload it into the bins, filling them to capacity.  He then drove around the corner to another set of complex owned bins and began to unload from his car again.

Update #2:  It's Saturday at 7AM.   Different waste management company came around and picked trash only in the garbage bin, leaving the recycling bins still full.

Seems like "illegal dumping" suggestion fits on this. It appears that the first group of guys just move stuff over so the second guy can fit more garbage in the bins. On Monday, I will report this to the landlord and to the recycling company. Thanks all

Answer: Unless I'm misunderstanding something it sounds like the jeep guy is just illegally dumping at your complexAnswer #2: The intrigue of trash collection in this thread has enriched my life almost as much as oven mitt guy.


Title: [TX] buying a house.

Question: Long story short I am getting ready to buy a house and my GF wants to be on the deed. She will be contributing no money to the purchase and will not be on the mortgage. I believe it would be a bad idea to add her on the deed with her having no financial liability in the house, am I right? Is there anyway to meet her halfway on this?

Answer:
 About once a week, somebody posts here along the lines of "help!  I bought a house with my girlfriend and now we've broken up."

It's a foolish thing to do. If you're not committed enough to get married, then you're not committed enough to buy a house together.


Title: Burger King Claim

Question:
Yesterday at the Burger King drive-thru, between the first and second window, we encountered a torrential downpour out of nowhere. BK has these cement poles protruding outward away from the building, which I hit as the rain began. These poles are painted black, thus making them invisible in the conditions.

To me, and my limited knowledge, it would appear that the poles are rather hazardous considering location and color. Can I file a claim against BK’s insurance? My insurance company is of absolutely no use and the BK store manager seems to be dodging my calls. I am at a complete loss here. Does anyone have any advice?

The damage was fairly minimal and mostly just made the left fender hideous, but my door now sticks, which is concerning. However I can’t really afford my deductible right now, besides the fact that I think they are responsible for a negligent setup.

Thanks,

Tim

Answer:
 Wait... So you drove into a cement pole and you think it is burger kings fault?

Edit: Furthermore, you probably owe BK for the damage to their pole.Answer #2: You ran into a large stationary object. That is on you.

If you cannot see you should have had your lights on.


Title: Apartment has a limit of two pets, how does my right to an ESA factor into this?

Question:
I am looking at getting an ESA soon, and will have a letter from my doctor to go with it. I am at college currently (in Indiana) but I am wanting to move in with my boyfriend in the summer (in Iowa). He lives in an apartment with a two pet limit, and he has had his cats for several months now. The apartment does fall under HUD/Fair Housing Act. When moving in, I would be added to the lease. I know that if there was a no pet policy, the ESA (another cat) should be accepted. I know the apartment should not be allowed to charge extra for my ESA, if accepted. These are my questions:
How does the pet limit factor in, can the apartment manager tell us we have to get rid of one of the cats?
We would be moving during the summer as well, will the letter be all that is needed for the "extra" cat then?

Answer:
 >can the apartment manager tell us we have to get rid of one of the cats?

Generally yes, the ESA letter says you need to have cat and there are already two there.

Edit: Also, you don't have the cat yet? Then wait until you move to get one. Not all cats gets along and some cats will not tolerate moving into a house with two existing cats. Moving is also very stressful for most cats. So just wait it out for the next four months and you'll have two cats.


Title: Can I dispute my landlord's pet fine when I listed my pet on the application? (Florida)

Question:
Last night I found a notice posted on my door. My landlord is issuing me a $400 pet fine after maintenance saw my cat during a washer/drying checkup Monday. I never hide my cat during any inspections/checkups/pest control but I do keep him in my bedroom because on every notice there's always a line that states "Please keep any pets secured during the visit." This can't be the first time they've seen my cat because 1) when filling out an online maintenance request you have to specify whether you have a pet and what you're going to do to secure it and 2) I've even asked maintenance to wait at the door so I can put my cat in the bedroom.

The reason I said all that is because I thought I paid a pet deposit when I signed my lease. When I got this notice I initially thought they had my apartment mixed up with someone else's (there are over 20 buildings in my complex, at least 8 apartments in each). I put on my application that I had a cat and the leasing agent told me it would be an additional $150 deposit and that it would be combined with security so I'll get it back when I move out. I looked at all my documents because I was going to email them the page of my lease that states I have a cat and I realized there is no pet addendum! I found my original application and it clearly has my cat listed with all of his information. Somehow this didn't make it into the lease? I rented the apartment just 2 hours after seeing it (I was very desperate at the time) and the office stayed open for me to complete everything. My final payment of security deposit + rent wasn't even paid until 7:40 pm. They told me security was $500 so when I read the lease I saw $650 and thought that was with the pet deposit. Only now I read every last document I have and apparently they charged me a $150 "holding fee" *even though the lease started on the same day I saw the apartment and paid* and that got added to the security deposit.

Now I have no idea what's going to happen. Do I have any legal standing to not pay the fine? I literally signed the final application that has my cat listed 30 seconds before I signed the actual lease. I assume the agent just forgot the pet addendum because she was rushing but will this stop them from capitalizing on the mistake and charging me $400? The $150 I paid turns out to be a holding fee I guess I never actually paid a pet deposit? But it states in the final application "UPON APPROVAL OF THIS APPLICATION, APPLICANT SHALL PAY ANY ADDITIONAL DEPOSIT AS AGREED TO BETWEEN THE PARTIES" so could they even charge one if they wanted?

I'm just trying to find out best/worst case scenarios and what the leasing office is likely to do when I bring this to their attention later today. I'm including scans of the relevant documents (all personal information redacted) in case any of them are of use. This is scary for me because it seems like the worst case scenario is the office charging me $400 regardless of what I say and refusing to create a pet addendum since I already signed the lease without one, forcing me to get rid of my cat. Which I will break my lease before I do that, though I obviously don't want to.

[Pet Fine Notice dated December 10, 2015](http://i.imgur.com/qfa2NYt.jpg)

[Final Application - Page 1](http://i.imgur.com/5XTRjBJ.jpg) (states "Welcome Home" implying everything in it is approved for move-in)

[Final Application - Page 2](http://i.imgur.com/ghVovGa.jpg)

[Lease - Page 1](http://i.imgur.com/ZvbkNsw.jpg) (shows agreed upon deposit amount)

Oh and the problematic section of the lease says:

> **Animals.** *No animals are allowed, even temporarily, anywhere in the apartment or apartment community unless we've so authorized in writing. If we allow an animal, you must sign a separate animal addendum, which may require additional deposits, rents, fees or other charges. An animal deposit is considered a general security deposit. You must remove an illegal animal within 24 hours notice from us, or you will be considered in default of this Lease Contract.*

TIA for any help!

**Update:** Thank you for the responses, heeding the advice of everyone here I went to the office at 11am and they were closed! There was a note on the door saying they'll be closed until Monday to "spend time with their families for the holidays". Seems odd to me but I guess I have no choice but to wait. Makes me even more apprehensive since the notice states all animals must be removed within 48 hours... I will post another update Monday after I speak with them.
Topic:
Landlord Tenant Housing

Answer:
 Call them and explain the error. Hopefully they will just have you pay the pet deposit. But you signed a lease stating no pets. Answer #2: Franky, it sounds like a misunderstanding - they forgot to note that you were bringing a cat, and so when maintenance spotted your cat management checked your records and thought you had skipped out on paying the additional animal deposit.  I would stress to them that you noted you were bringing a cat in your application and that the leasing agent was also aware of that.

One would hope that they will understand that the error is on their end. Answer #3: I would call and explain it almost like how you explained it here.

Let them know you thought the $150 was your pet fee and not a holding fee because you included on your application that you had a pet.

I'd stress that you've even indiciated you had a cat during previous maintenance issues and you haven't been hiding it becuase as you understood, it was already taken care of.

I'd ask that since there was a misunderstanding they can verify by looking at your app if it's possible to waive the find and pay the $150 pet deposit.


Title: CA. while plea-bargaining, does the punishment ever increase in severity? Ie if the initial punishment was x days in jail, does it ever actually increase as a result of bargaining?

Question:
context: criminal court, misdemeanor, first offense.
Topic:
Criminal Law

Answer:
 Since there is no punishment assigned while negotiating a plea bargain, the punishment never actually gets worse because of the negotiation.

I'm reading your question as may I end up with a worse outcome because I negotiated than I would have otherwise.  The question is unanswerable on a case-by-case basis.  We can never be sure what the actual outcome would have been had we pursued a different path.   But generally, yes.  Sometimes plea bargains lead to greater punishment than might have been imposed with a guilty or nolo plea.


Title: Somebody attempted to send a package, in my name, to Peurto Rico. Anything I should do?

Question:
I got a call yesterday from a UPS facility down in Kentucky saying that somebody attempted to send a package, using my name. They called again today and I answered, I talked to a women and she mentioned how someone attempted to send a package using my name, and my partial adress (not everything was correct). They said that they needed an invoice for it because the description was minimal, thus prompting them to call and ask.

I haven't sent a package in ages, they used a ups account in my name (don't have a ups account), and I know nobody from PR.

The description was "goods"

Is there anything that I should do, or should I not be worried about this. Any advice helps.

Tbh I wasn't sure where to post it so I posted it here.

UPDATEEEEEEEEEEEEEEEEEEEEEEE:

/u/damageddude reccomended that I contact UPS through their chat, so I did.

After talking with three representatives to clear up the issues I learned that there were three UPS accounts all usin g my name and address. They are now blocked.

For the package: I am not sure what is happening with that, I told the representatives about it but they didn't have much information about it.

I recieved another call from the same number, this time a guy and I now know that it was actually a UPS number. I wasn't able to make the call but he was asking if I was still trying to ship something international because the customer service department contacted him.

Hopefully this is it and I won't get another call like this again!

TL/DR: Contacted UPS, 3 accounts in my name/address, all are now blocked, hopefully doesn't happen again.

Answer:
 Just tell them you didn't send any package, and hang up.  Keep in mind this might be some kind of scam where they claim they need a payment from you in order for them to send you back the package of gold bars that they have sitting there that they say they think you shipped.
Answer #2: actually if they are calling you, this sounds sketchy.  Don't give them any personal info.  It might be a phishing scam.Answer #3: Hi. I am not an expert in the field but I used to work for a very large company and I for a short while worked in a "tech support & order management" and often times I was tasked with tracking down a lot of strange one off orders.

This could actually be a sort of "laundering" operation where they send things to bunk addresses using partial real albeit stolen information. Sometimes they also will ship to one of these places, then use UPS to redirect the package to a different location, then use another service to pick it up again, making the paper trail way more complicated.

Now, these people are typically people who have a lot of personal credentials through data mining and things like this, but this method still has many flaws, such as UPS correcting the address and sending the product to the correct place, leaving a person confused but overall a gain in received items.

I would make sure your information has not been stolen and attempt to cancel or reroute the package. If you receive it, its still not considered theft but I would follow up with the company to see what to do with it.

edit: tagging /u/Gunten just to make sure this gets a read


Title: (FL) Sil has been missing for 2 months. She has 3 young children.

Question:
No one in the family has heard from SIL1 since in the last 2 months. She was living with SIL2 with her 3 children but then moved in with BIL. There was a falling out between them and her kids went back to live with SIL2 while SIL1 went to a temp agency for work. I'm not sure where or with who she was staying with during this time. Then 2 months ago she has stopped contact with anyone. MIL called the temp agency and they said they couldn't give her any info. She hasn't been on any social media, doesn't answer the last known number for her and most importantly she hasn't had any contact with her kids. My MIL wanted me to go to the police and give a statement. I'm just unsure of what to do how to proceed. She has a history of getting in with the wrong people and going down a dark path. We are very worried about her.

TL;DR SIL hasn't contacted anyone including her children in 2 months. What steps can I take to locate her?

Answer:
 Have you filed a missing persons report?Answer #2: Report her missing should be the first step if you haven’t done so already!Answer #3: Call the policeAnswer #4: You and your family's lack of concern here is... concerning. She has young children and has been gone for 2 MONTHS. What about when she didn't come home the first night or the second or third night?

Someone, like YOU, needs to contact the police NOW.

What I want to know is why you haven't contacted them before now. Answer #5: 2 months without hearing from her  is plenty reason all by itself to contact the police, the fact that she has kids and hasn't contacted them either is very concerning definitely report her as a missing person.Answer #6: Yeah go to the police.


Title: Forced to sign document that states all OT will be donated to the office - Pennsylvania

Question:
Hi guys!

My sister works in a dental office, probably 10 employees or less.

Today all of the employees were forced to sign a document that says all of their overtime will not be paid but donated to the office. They had to sign this or lose their jobs.

She's probably averaging at least 8 hours of OT per week. They weren't given copies of this document and she didn't think to ask. She's going to try to get a copy tomorrow.

Can they do this? Will this document hold up in court? In addition to finding another job, what should her next steps be?

ETA: http://imgur.com/bWlpowj - here's the document that she had to sign. I have to note that 95% of the time these employees are forced to work through their mandatory break. Just another way this employer is trying to cop out on paying their employees.

Edited, again, to add this:

No. There is no employee OT abuse. They are being forced to work through their mandatory lunch. There's 5 hours of OT per employee each week right there. These employees are also at work roughly 1.5 additional hours or more every day bc of patient load and inadequacy of the Drs. These same Drs have already verbally stated that they will not approve any OT, regardless of what this contract says.

It's hilarious that any of you might find this document okay under any circumstance.

Answer:
 This is entirely illegal & unenforceable.

No it won't hold up in court.

Her next steps should be to carefully track 100% of the her, time while she's looking for a new job.  The minute she gets a new job, or intends to leave, she should make a Department of Labor complaint.

She could make a complaint earlier, but the odds that she'll have a job after are pretty slim (even though terminating someone for making a complaint is illegal, it's relatively easy to find a "reasonable reason" that isn't the complaint.)Answer #2: If she actually accrues any overtime, a complaint to your state department of labor is in order. If she doesn't actually get any OT anyway, she hasn't been harmed.

But she needs to play the part of a rat fleeing a sinking ship. This kind of shit happens when a business's finances are in the toilet looking brown and lumpy, so even if she stays, it's unlikely she will have a job much longer.Answer #3: Soooo in this instance

1. It's not kosher, track your hours very carefully.

2.  Don't work OT.  You work your scheduled shift and no more.  You are scheduled until 5?  At 5pm on the nose, your coat is on and you are out the door.

If the employer requests you stay beyond your scheduled shift, they MUST pay you for it.  If they won't pay you for it, then don't stay.  Very simple.  If they ask why a simple "I don't work for free" should suffice.


Title: [RI] Is this illegal or some form of harassment?

Question:
My ex boyfriend has some things of mine. I have been trying to get them for about 6 months but he keeps making excuses and not being there when I show up. He's admitted to having them in texts and emails. He has some clothes, my ipod, my spare car/house key, some video games, my jacket. Not major stuff but stuff I want and stuff he admits to having.

I'm moving away soon so court probably isn't an option, it would be too far for me to come back.

I'm curious about if I could get into any trouble by posting stuff about how he hasn't returned my things publicly to sort of try to "shame" him into giving my stuff back. I know it's childish, but I'm at the end of my rope. He's kind of big in the esports arena, and popular on Facebook and Twitter. He acts like a great upstanding guy, and a lot of people would see this stuff.

Assuming I ONLY post factual things and no hyperbole/opinion, stop if he asks, and don't attempt to get around any blocks or bans by making new accounts if he blocks me, can I get into any trouble for this? Would posting screenshots of texts or emails cross into the danger zone?

It's childish, it's spiteful, I get it. Please don't lecture me on it. He's doing it to try to keep controlling me because he thinks I'm too meek to fight back. His online presence is like, sacred to him. I am not above trying for a little payback.

Answer:
 It's not libel or slander if it's true.  In general, no, you won't be in any real trouble.  That doesn't mean this won't blow up in your face, though.  He can scream all sort of claims he wants about harassment and whatnot.

By your own admission, it's childish.  Maybe you'd do better to target some mutual friends or maybe his family and ask them.  Tell them maturely and politely that you're having some trouble getting a few things back and ask if they can help.  Maybe they'll pressure him a bit to be nice and return the things.

edit: type-o.


Title: The Bee-Murdering Landlord of Mold House -- Am I Doing This Right?

Question:
A highly abridged version of what happened (Just fyi I live in Seattle) :

&#x200B;

1. We tell our landlord that his new dishwasher is dripping and has created mold in the cabinets. We tell him this in September, in writing. He ignores this for three months, during which we all have nasty hacking coughs.
2. On 12/14, contractors reveal that behind the walls a massive 8 x 6 feet wall of mold has flourished. They also have removed the sink. We immediately move  into an Airbnb for obvious reasons. Most of the food in the kitchen is destroyed by rot/mold dust/smell. We buy replacement food.  My roommate has a documented, massive asthma attack after being in mold house overnight.
3. We, with permission of the housing department, break our lease and move immediately and at great personal expense to a new place. We hire a professional move out cleaner. We tell him we will move my bee hive and chicken coop within the week.
4. \*Someone\* takes a sledgehammer to my chicken coop (thank God I'd evacuated my girls earlier) and thriving bee hive. All of my bees freeze to death.

The sudden move and airbnb etc. has been devastating to my emergency funds. Also there is literally no lawyer in Seattle that will work a mold exposure case. So what I am doing is:

1. Getting a sample of the mold tested to find out what the hell I've been breathing.
2. Small claims case # 1: Airbnb, replacement food and moving expenses against landlord.
3. Small claims case # 2: Back rent for September through December when we all breathed mold and got sick
4. Small Claims case # 3: Security and pet deposits return to us, replacing me chicken coop, bee hive and bees.

Does this sound basically right? Is there any massive mistake I'm making or other thing that I should be doing?
Topic:
Landlord Tenant Housing

Answer: You'll have the burden of proof with regard to the destruction of your beehive and coop. Did you call the police?


Title: My landlord is trying to claim my bulk payment of rent is non-refundable if evicted or if I leave.

Question:
I'm a student/researcher at the local college in this small Tennessee town. My wife and I have been living in this small cottage for just over a year on a month to month rental agreement (no written agreement , just Tennessee state law basics and recipts for all payments I've made).

We recently saved a group of kittens from a nearby river (the people around her will drown unwanted cats). The landlord has said we aren't allowed to have cats and that we need to either get rid of them , pay him 75$ or leave. I told him it would probably end with us leaving as I'm not going to pay him anything extra.

Then I reminded him that if I leave he is required under title 66 of the state law to refund me any prepaid rent. We are currently paid up through January so this would be $2700.00 .

He told me that he won't do that because that is against our agreement. He said "we agreed that money was non refundable". Of course he has no evidence to back this up so my question is can I strong arm him into refunding me the money? Or will this turn into a long drawn out legal battle?

Answer:
 >  I reminded him that if I leave he is required under title 66 of the state law to refund me any prepaid rent.

Which statute specifically?

How many residents does your county have?


Title: Retail store may be overworking my sister?

Question:
My sister is currently working at a retail store in Florida. She initially applied to work part-time so that she could balance work with her studies at college. This is her first job and she has been doing incredibly well, she's been given good feedback on her performance and has been upselling.

The problem is that, although she applied to work part-time, she has been working around 38-40 hours per week. Her schedule has made it impossible for her to pick up a class she needed to get financial aid, forcing her to pay from her own pocket. Seeing as this is her first job, she is unsure about what she can do about this, if anything at all.

Any advice and/or information would immensely appreciated. First time posting to this sub, sorry for any mistakes.
Topic:
Labor Law (Unions)

Answer: The store cannot force your sister to work more hours than she would like, but they're also free to fire her for not working when they want to schedule her.Answer #2: she can ask to work less


Title: Former employer won't leave me alone

Question:
I quit my job almost nine months ago due to extreme stress and unethical working conditions. I quit on the advice of my doctor who said the stress was taking a toll on me physically, and since quitting a therapist has told me I have work-related trauma.

My former employer would not stop trying to contact me because they need help with the work I used to do (very niche tech job). Despite leaving as much documentation as possible when I left, they were contacting me through phone, email, and text asking questions. When I wouldn't reply they sent messages to me through mutual Facebook friends on messenger. I'd had enough at that point, and I sent a Fb message back asking them to stop, and also asked a former coworker to talk to a higher up and get them to stop. This worked for a few months.

Now they've hired an unqualified replacement in my old position, and they gave him my personal cell phone number and told him to call me with questions. I am furious about this. They're treating me like a highly skilled free resource, and they expect me to help even though I have made it clear I want nothing to do with them. More than anything I'm outraged that they would give my personal number to a complete stranger without permission.

Every time they call me it's a trauma trigger. I end up in a panic attack and can't get anything done for the rest of the day. It has a serious negative impact on my life. It needs to stop, but apparently I need to get more serious with them.

Should I send a certified letter, or get a lawyer to send one for me? Other than being personally traumatic and disrespectful, are they crossing any legal lines here? Is this technically harassment? Any other tips on how to handle it?

Answer:
 1. Tell whomever calls that the call is being recorded.
2. Record the call.
3. Tell the caller that phone support is $200 per hour with a one hour minimum and ask how he would like to pay.
Answer #2: Have you considered changing your phone number? If the mere ringing of your phone sends you into a panic attack you may want to see medical/psychological help.  You can also file a police report.


Title: Is it true that audio clips under 13 seconds are generally considered fair use?

Answer:
 That's not true

https://en.m.wikipedia.org/wiki/Grand_Upright_Music,_Ltd._v._Warner_Bros._Records_Inc.Answer #2: The length of the clip can be a factor in determining whether a use falls under fair use. (See [17 USC 107](https://www.law.cornell.edu/uscode/text/17/107)). The length would fall under the third factor: "the amount and substantiality of the portion used in relation to the copyrighted work as a whole". However, this factor is not dispositive and there is no particular cutoff in length.

E.g. if the original is 15 seconds long, then a 13 second clip is basically a total copy, whereas if the original is two hours long, then a 13 second clip is more likely to be considered fair use.


Title: Wife has removed me from joint bank account and left me $700. Can she do this?

Question:
I've lived in Portland, Or for about 6 years now. Been married now for a little over a year, wife asked for divorce a month ago or so. I said sure, thinking that we could handle it amicably. Well, yesterday I won something on eBay, and when I went to pay for it, I discovered that the paypal account (which is her name) had a different password.

She is out of town, so I called her to see if she had changed the password for any reason. When I get a hold of her, she informs me that all the passwords have been changed, our bank accounts are now separate and I have $700 to my name.

Can she do this? Everything I google says she can't, but I don't wanna start acting like Matlock because I googled a few articles. If it isn't legal, what do I do? My aunt is a lawyer so I am trying to get in touch with her. Please help!

Any other general advice on what I steps I should be taking now would be very helpful.
Topic:
Other Civil Matters

Answer:
 Get a divorce lawyer. It's not illegal, but the judge may not like it if you are going through a divorce.Answer #2: She can (it's a joint account, there's nothing illegal about her accessing a joint account or changing the password in an account in her name. ). She can't try and hide the assets from division during divorce, and it's not going to win her any favors with the judge; but not illegal. Answer #3: Unless there is a court order already in place stating that she can't, she definitely can do it. Her name is on the account.Answer #4: Get your own account and don't give her the information.  She already has the information for that old account and she might still have access to it.Answer #5: If there was a large stash of marital assets in the account (money gained/earned other than through her inheriting it) then a divorce judge would have a problem with this.

Beyond that, yes this is legal.Answer #6: have you confirmed with the bank that the account is separated? My bank wont even do that you have to both go in and close the account and reopen separate ones.


Title: [FL] Does the police violate my rights when they pull me over?

Question:
To explain a little more, if you're traveling down the road in your automobile does a police officer have the right to pull you over? According to someone I know (That I very much disagree with most of the time) when they turn on their emergency lights for a small traffic violation (Lets assume that I haven't renewed my tag in 2 weeks) they are violating my right to travel. When an officer asks for license registration and proof of insurance, wouldn't I be able to invoke the [4th amendment](https://www.law.cornell.edu/constitution/fourth_amendment)?

Do I need a driver's license to [TRAVEL](http://law.stackexchange.com/questions/217/do-you-need-a-drivers-license-to-travel-in-the-u-s) in my automobile?

My car is paid off, I have insurance on it, the only thing I haven't done is renew the tag. Is that an emergency that requires the police to pull me over?

Edit: Thank you everyone for your answers, shoving this in his face is going to be the most satisfying thing ever.

Answer: Yes, they have every right to stop you. Don't listen to crazy sovereign citizens. Your right to travel only applies to you walking. Driving is a privilege that can be revoked or suspended. Answer #2: Does your friend have an American flag in his house? If so, is there a gold trim?


Title: My highschool found my conservative podcast, now they are trying to get access to my personal Google account because they deamed it hate speach

Question: What should I do

Answer:
 1. Is your podcast produced on a school account or school resources? If so, they have far more power to look further into it, especially if there is objectionable content.
2. Make sure you don't use the same password between the two accounts, and don't have your personal account linked in any way to your school accounts.
3. You should talk to your parents ASAP, because this could quickly get into lawyer territory. Even if your school has a justifiable interest in looking into this, they don't have any right to your personal account.
4. Under no circumstances, during this period, should you access a personal account from a school device.Answer #2: Define "Trying to get access."

What are they referring to as hate speech?

Where are you located?


Title: [Brisbane, Australia] Neighbour just killed a duck that had 4 ducklings with a bat in his yard

Question:
So before they got home we called RSPCA to see if they would come retrieve the ducklings and ducks because one was picked off earlier by a crow they said they couldn't because none were injured. The rest of them were chilling in the neighbours pool. My mum just went over then and was told that the neigbour killed the father duck and one of the ducklings was sucked "into the pool filter".

I was just wondering is there any law against what he did? Should we report him or not. Because we have two dogs atm and hes the kind of "bad egg" in the neighbour hood. So being the only people that know we're worried that reporting him could lead to more trouble with us, and we don't want any of our animals hurt.

Answer:
 NAL and especially not an Australian lawyer but I can Google. This looks like it possibly breaches the Queensland [Animal Care and Protection Act](https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/A/AnimalCaPrA01.pdf). Particularly part 2 section 18 (2).

I'd report him to the [RSPCA](http://www.rspca.org.au/report-cruelty) who are apparently the primary agency for handling animal welfare in Queensland.

I can't find a great link but native birds look like they are protected so even if killing the duck with a bat was "humane" it would still be unlawful if the duck was native.


Title: I have proof that my next door neighbor stole $800 out of my wallet. What can I do about it?

Question:
All of the following takes place in NJ, USA.

I went to Best Buy with my neighbor / best friend to return an open box monitor that was damaged on Friday, Dec 14, 2018. I had my wallet with me and we went in to return the monitor but I looked around at other monitors for a bit before going to customer service to return it.

When I got to the customer service counter and was being handed my $298 cash refund, I reached in my pocket and realized that I don't have my wallet! I snatched the cash, shoved it into my pocket and ran to the monitor section to see if it fell out of my pocket there. My neighbor offered to check in his car while I looked there.

I was satisfied with my search and realized that my wallet wasn't there. I see my neighbor walking back in the store and he tells me he can't find it in his car. I run outside and check everywhere around and in his car, but it's not there. I lost my debit cards, my work credit card, license, insurance cards.. all the things you normally keep in a wallet... plus $800 cash that I haven't deposited yet. I was freaking out.

I walked around the store a few more times and check the parking lot with a flashlight for another 30 minutes before giving up on my search. I go to security at Best Buy and talk to all the managers, describe my wallet to them, give them my name and phone number in case anything comes up. They assure me they'll call me if they find it, but I went back the next 2 days to be sure...

Today, at around 5:45 pm, my neighbor asks me if I want to go to Best Buy with him. I decline and say that I gave up on the search for my wallet. 45 minutes later he shows up at my door with a big smile on his face holding my wallet. I look inside and see that everything is there except my cash. My wallet looks exactly as I had it before losing it.. I figure they must have found it in the store. I ask him where they found it, and he tells me in the parking lot.

It's been raining all weekend here in NJ, so my wallet, if left in the parking lot for 3 days should show some sign of being wet. I hack a post-it note stuck on the inside that's in perfect condition with no ink running or anything. No cars ran it over or anything.. sitting in a parking lot for 3 days during one of the busiest seasons of one of the largest appliance stores around.

All these red flags made me think that he wasn't telling the truth, but, as my best friend, I wanted to give him the benefit of the doubt. I hopped in my car and drove straight to Best Buy. The store manager recognized me from being there everyday for 4 days asking about the wallet. He immediately approaches me and asking me if I had any luck finding my wallet. I tell him the story that my neighbor told me and he says they would have called me if they found it, and definitely would not have handed it off to someone that doesn't match the ID inside.

I double check with a few more employees and the security guy at the door, and they all tell me the same thing; What my neighbor said is not true and they never found my wallet. I had what I needed and confronted my neighbor. He claims that he got it from Best Buy and that my accusation is "ridiculous". I told him that I just went there and asked everyone and they all said they never found it. I start to raise my voice out of pure anger, staring at this giant grin on his face while he denies having anything to do with my missing money and insists over and over that he got it from Best Buy. I raise my voice even more, staring at him in full denial with a huge smile on his face. And he asks me to leave, and I do.

I get home and text his girlfriend, who I've been close to over the years that I've known him. She says she has no idea what's going on and says she heard me screaming from their front door and got scared. I apologized to her and explain the situation. She says she's not involved at all. He texts me telling me not to talk to him or his girlfriend anymore. I text him back, offering to give him $500 cash and will apologize profusely for accusing him if he can go with me to Best Buy and point out the guy that gave him my wallet... and he does not reply. I text his girlfriend a little while later saying that I don't want to get the authorities involved, but I will if I have to.

As I'm typing this, his girlfriend texted me saying she doesn't have $800 but will give me "some money" just to de-escalate the situation...

What is my best course of action?

Answer: To be honest with you I'm not seeing any "proof" here. Certainly seems strange but not enough for small claims IMO. I'd consider it an $800 life lesson to not carry so much cash and choose your friends carefully.


Title: Can my boyfriend's ex drug test me during custody mediation?

Question:
Hello!!

My boyfriend recently petitioned to take his ex-girlfriend (never married) to court for basic guideline visitation with their child.

Mom began withholding their son out of jealousy of our new relationship and has not let my boyfriend see his son since she discovered he was in a new relationship.

My boyfriend and I have no legal ties whatsoever.

We got mom's demands and response letter in the mail today, and one of the demands of mediation (not court yet!!) was that neither myself OR my boyfriend could see his son until we BOTH submitted to a hair follicle test on the grounds that "she has heard that his new girlfriend uses drugs."

Let me preface this by saying that I do not use drugs and would pass the hair follicle test, however, I do feel that my personal boundaries are being overstepped. I am not listed as a party on the original petition, but her lawyer checked me in as an "other party" on their arrival to court paperwork.

Can I be forced to submit to this drug test, or am I correct that the court will have no jurisdiction over me as I am not a party in this case? I just don't think "oh, I heard," (which she could not possibly have, as we have always lived over 2 hours apart and do not have any common people in our lives with the exception of my boyfriend,) is a valid reason to require me to take a $150 drug test.

Thanks, guys!

EDIT: May I also add that my background is 110% clean with no priors, convictions, arrests, anything; which is why I'm trying to decide if this could even be warranted or if a judge would realize that it was just getting out of hand.

EDIT 2: We do not currently live together, and will not until at least after court is over. (I realize she can request a modification once we live together.)

Answer: You can't be forced to take the test.  But if the judge feels it's warranted and you refuse, the judge may draw a conclusion based on that and issue a ruling accordingly.


Title: [NJ] Fired for "white supremacy symbols"

Question:
I was a VP at a Fortune 500 company located in New Jersey.

Yesterday afternoon, I was called into a conference room with HR and informed my employment was being terminated.  This was completely unexpected.  I asked why.  HR initially gave only a vague reason, "due to some behaviors."  When I pressed for more detail, I was asked to temporarily leave the room.  After 5 or so minutes, I was escorted back in and given the story by HR, and I also had my phone recording audio at this time:

Two weeks prior, I had a meeting with one of my direct reports at her desk.  Our office setup is an open office design so it is loud.  My direct report and I agreed on a course of action.  As I was walking away, she yelled out to me to clarify a particular point.  She was correct and so I nodded and gave her the "okay" hand symbol (thumb and index finger looped, with other three fingers up).  She gave me the "okay" symbol in return.  I continued back to my office and thought nothing of it.

Apparently, someone saw this exchange and reported it to HR for "white supremacy."  HR tells me that they have documentation that this symbol is a "white supremacy symbol," which is ridiculous.

I asked HR what was happening to my direct report who also used the gesture in return.  HR said she wasn't being disciplined.  I inquired why and HR replied (I have this on recording) "well, she is black and so it can't be white supremacy."

At that point, HR tried to get me to sign a document stating that I "knowingly used symbols associated with white supremacy."  I refused to sign, so they refused severance.

At this point, I do not want to work for this company, obviously, as this is completely ridiculous.   I am, however, worried that this company or people at the company will tell other potential employers that I'm a white supremacist or that I use white supremacy symbols which is in no way true.  I work in a relatively tight-knit industry where this kind of gossip could completely torpedo my career.  For this reason, a lawsuit would likely not be in my best interest either.

I have an appointment Monday to talk with an employment lawyer, but wanted to get any feedback from the experts here.  Is there any way I can prevent this company and their employees from relaying these ridiculous white supremacy assertions?  I think it's likely that gossip will spread without the full story and could percolate throughout the industry among my peers.

Answer:
 It is legal in New Jersey to fire you for giving the 👌sign. It's a questionable business decision, but in the absence of a contract overriding at-will employment or a union agreement, it's not a legal issue.

> "well, she is black and so it can't be white supremacy."

If HR was direct with you that your report is being treated differently on the basis of race, you could speak to an employment attorney. The NJ Bar runs a referral service that can connect you with someone. It's not _completely_ clear this would be actionable discrimination, but it's a bad look, even in nominal support of a visible minority.

> I refused to sign, so they refused severance.

This is also legal. Your alternative to severance is unemployment benefits. You will likely be refused initially - your employer believes they have cause to terminate you - but you can appeal and explain your case. If the facts are as you present them, it's probable your benefits will be reinstated. UI won't cover your full income for a job at that level, but it's better than nothing.

> I am, however, worried that this company or people at the company will tell other potential employers that I'm a white supremacist or that I use white supremacy symbols which is in no way true.

If this actually happens, again, speak to an attorney. It would be irresponsible for them to do this, and their own lawyers will generally advise them to confirm your dates and that you are not eligible for rehire without giving details, instead, and that's legally pretty safe.