Title: CA: Need financial/legal advice regarding cash income

Question:
I have a salaried day job that pays me in checks that I obviously pay taxes on, and I have a side job that pays me in cash. I do try to buy as much as I can in cash rather than using a credit card, but I still deposit a good deal of it into my bank. In April, over the course of the month I deposited about 2k in cash.

How much can I get away with depositing before it raises red flags? Is 2k a month spread out in different transactions a big deal or no?

How likely is it that I'll be forced to report and pay taxes on my cash income? Is that easy to avoid or no? If I deposit some of my cash into a retirement account, is it not taxable anyways?

Also, if I do report just the cash I deposited, is there any chance that the IRS could point out my credit card bills are drastically lower than they used to be and conclude that I had additional unreported cash income used for groceries etc., and tax that too?

Answer:
 > How likely is it that I'll be forced to report and pay taxes on my cash income? Is that easy to avoid or no?

You need to pay tax on your income.


Title: Could I be charged for assaulting the man who sexually assaulted my girlfriend in front of me?

Question:
I was on sixth street in Austin last month when my girlfriend and I were walking around. There was a group of about 6 young guys walking behind us and I heard them talking in laughing. I knew they were up to no good from the start... My girlfriend was showing me a place that we should visit in Austin on her phone when one of those punk ass kids ran up behind us and quickly reached under her dress and groped her. At this moment the kids behind us started laughing and quickly went in a different direction and I didn’t know what happened until I saw the guy who did it run away.

I tackled him to the ground and hit him about 6 times before I was pulled off of him by a couple of bystanders who started asking me why I did what I did. I was about to leave but of course the police showed up within a couple of minutes and detained me. Long story short I was booked for assault and had to stay the night in jail. An investigator told me that the guy who I fought was not under 18 (which I was stressing about) and that he was in the hospital for a broken nose and a fractured cheekbone.

I plead not guilty and told them that there were several witnesses on how he sexually assaulted my girlfriend. The officers also never told me if he would be detained or booked for assaulting her.

This whole situation pisses me off so bad that it makes me sick. I’m not entirely sure where to go from this point. I don’t even live near Austin so this makes things so much more complicated. They told me that I would be contacted soon regarding my case.

Will I have to go back to Austin for a trial? And shouldn’t he have been arrested for the fact that he assaulted my girlfriend? Does he have the opportunity to press charges?
Topic:
Criminal Law

Answer: You should get a criminal defense attorney.


Title: Unpaid retail internship

Question: Well, I applied for a cashier's position at a Fort Worth Texas comic book shop and I got an interview!  During the interview process the manager told me that my position would not be a cashier, but rather a non-compensated intern.  This is not what I had in mind, so I declined the offer immediately.  On my way out, I talked with a few employees there and they were all unpaid as well.  It was apparent that they were under the impression that this "internship" would lead to a paying position.  They have been working at this store since it first opened, (a few months) and are still not being compensated for their time.  Are these guys being screwed over? is the practice of hiring people for unpaid retail positions legal?  If so, is there some sort of authority I can file a report with?

Answer:
 Not even remotely legal.

File a complaint with the local Labor Department.

Interns are meant to be trainees that you are teaching something useful to, and they (definitionally) cannot replace employees.  This is illegal bullshit.


Title: Maybe a stupid question.... I recently got into a small fender bender. The insurance is sending me money to fix it, but I can't afford the deductible. Is it legal to keep the money or do I send it back?

Question: [deleted]

Answer: You don't have to fix the car ever. By paying the 750 the insurance company deems you "whole" keep it and never repair it. The insurance company does not care. Their job is done once you cash the check.


Title: [MN] Can I shoot my neighbor's dog?

Question: I'm in Minnesota, and my neighbor's dog keep jumping the fence into my backyard. This is a small, angry dog that keeps barking all day, and has attacked my cat in the past. If I were to shoot it the next time it trespasses into my yard, what would be the repercussions?

Answer:
 Maliciously killing an animal is a felony. You should call animal control if you are concerned about your neighbors dogs attitude. Answer #2: You can't shoot the dog just because it's in your yard.

If it's actively attacking you or your cat, that's a different story.

Call animal control and have them come out and get the dog every time it happens.

No need to prove your manhood to your neighbor by killing an animal that belongs to them...Answer #3: Not a lawyer but I think you should try other things before killing an animal..

Have you talked to your neighbor? Called animal control?


Title: While using earbuds, a piece of the earbud became lodged in my ear canal. What type of attorney should I seek?

Question:
I chose consumer law.  I hope this was appropriate.  Also hope it’s Ok I created a separate account to ask this question.  If I hadn’t the specific brand I use would’ve been obvious.

I sleep with earbuds in every night.  I’ve had these earbuds for almost 2 years.  They have interchangeable tips, with one type of tip being a “memory foam” material that you squish down, and insert in your ear.  The tip expands providing a nice seal.

Inside the foam tip, there’s a small rigid plastic circle that appears to be glued in place.  On the earbud’s driver itself, there’s a “male” type connector that this plastic ring attaches to.  This is how the foam tip connects.

Well, I woke up with the foam tip pushed all the way over the driver.  Inspecting the other tip made me just think this little piece broke off in the bed and I didn’t think much of it.  That morning after my shower, I went to clean my ears and upon insertion of the q tip I felt a sharp pain.  I’m pretty sure this piece is lodged in my ear canal.  I have a constant sharp pain and my hearing seems to be off.

I don’t have health insurance and I’m frightened to go to the hospital.  I contact the company via Facebook and they told me to submit a warranty claim, which I did.  I’m starting to think I need an attorney to help me get this company to pay for any medical bills incurred, as I’m pretty sure their earbuds aren’t designed to do this!

Can anyone give me advice?  I’m not looking for any kind of “pay day” but if there’s permanent damage...gosh I hope there isn’t.  I don’t know what kind of attorney I contact, or if an attorney would just laugh at me :(. The company is based in California, I’m on the east coast USA.  I’m really scared.  Any advice at all will help me.
Topic:
Consumer Law

Answer:
 > What type of attorney should I seek?

The kind that's a doctor and can get the chunk of plastic out of your damn ear before it ruptures and ear drum or causes an infection.

Go. To. A. Doctor.Answer #2: Right now, you have no damages. Thinking about legal action is premature. Go get your ears checked. If you have substantial bills as a result, speak to a personal injury attorney about the viability of a claim.

Personally, I'm not optimistic; resting your head on the earbuds is likely not normal usage, and you likely bear some (possibly all) of the additional risks that come from doing that, including the risk of injury. However, you never know; your attorney can review the situation, and consultations are cheap.Answer #3: If you really want to pursue it, then an attorney familiar with product malfunctions is where you want to go.

But right now you have two problems:

(1) You have no damages. You need to get the piece removed from your ear.
(2) You slept with the ear-bud in your ear. Most reasonable people would realize that there's a risk doing this.Answer #4: Go to a doctor, get a diagnosis, and start looking into fixing that first.

You should *never* clean your ears with a q-tip. Medical associations have been strongly advocating against it for the past several months/years.

You might be able to recoup medical costs/damages if you were using the earplugs correctly but you need to get to a doctor before that. Stop worrying about suing, worry about your health.


Title: US-based healthcare supplement related startup questions

Question:
I get that I'm definitely going to need my own lawyer if I seriously pursue this, but I'm hoping to get some quick answers here first before I spend a bunch of money. Any help is appreciated.

I'm working on an oral immunotherapy product for peanut allergies. Basically, you take minuscule doses of peanut flour that gradually increase over time. This is very successful in clinical studies (like 80-90% of patients become practically allergy free compared to 0% in control groups) and some doctors administer this as an outpatient service, as in the doctor who runs oitclinic.com. In most of the clinical studies, the patients do testing before and after the study in a hospital, but they take the peanut doses at home by themselves with instructions to self administer epinephrine and get to a hospital if they experience a severe reaction (rare).

This is a life changing product that is safer than strict avoidance (the current standard of care), and I think it's unacceptable that it hasn't come to market yet. I personally have nearly died twice in the last year from accidental exposure to peanut.

One company, aimmune, is pursuing fda approval for a peanut+drug combination product, and their website says they believe fda approval will be necessary to convince consumers it's safe - not that it's legally necessary.

Because this is just peanut and not a drug, I think you can sell predosed peanut flour as a nutritional supplement along with an instruction protocol identical to what was used in the clinical trials.

My questions are

. Do you agree that this is a legally viable product?

. What types of things can and can't I say in marketing the product?

. Do I have to get approval from any agencies or governing bodies before I sell this?

. Do you know anything about getting insurance for a company like this? Or any other ways of protecting myself?

. I haven't formed a legal entity yet. I am thinking a Delaware s corporation. What entity structure and location would you recommend? I am intending to live and work in California and sell to customers around the US.

Thank you very much for your help!

Answer:
 I think your profit potential approaches 0 over time ahile your liability potential approaches infinity. If you become successful you will immediately face clones and you have no proprietary backing to prevent that via patents, while a single customer having a severe reaction will ruin you.

You need incredible amounts of insurance, the normal "oh just get a million in business liability" does not apply here, you need high tens of millions at least, talk to a business lawyer, if they don't go pale and faint when you tell them your plan is to sell peanuts to people with peanut allergies.


Title: Someone Cashed My Financial Aid Check

Question:
Location: Chicago Illinois/ California

I recently moved to California for graduate school from Chicago. My school mailed my financial aid check for the whole quarter to my house back in Chicago in September. I contacted my father in early October once I found out where the check went to see if he could forward it to me.

He reported that he could not find the check. I asked the school if they could put a stop payment on the check but they encouraged me to wait 30 days, so I did and put a stop payment request out on October 26th.

I have been contacting the school ever since as I was running out of savings and needed this money and just heard today, an hour before closing for a long weekend that my check was cashed on October 10th with no further details and with the office closed until Tuesday.

Just wondering what my next actions should be. Thank you

Answer: Contact the police. Make a police report and give that to the school.


Title: (FL) How can I legally defend myself if the debt collector shows up again?

Question:
I've had a debt collector harassing me and showing up at my door for debt that isn't mine. I've even sent them written statements that the debt is not mine but they don't believe me.

Someone who works for the debt collection agency showed up at my door about a week ago. I called the cops but he left before they got there, I live outside of the suburbs so it can take 30min+ for the police to get here.

The employee that was banging on the door threatened to come back and "break down the door if he has to next time".

What are my legal self defense options if he does decide to break down the door? Would castle doctrine apply once he's on the property or once he's actually inside the house? If I have my neighbor watch the house(as in sit in the living room)while I'm out would the castle doctrine apply with him too?

Answer:
 Get a free consultation with a consumer protection attorney so they can talk with you about the possibility of filing a FDCPA complaint against the debt collector.Answer #2: Threatening to break down your door in the state of Florida?  Does he have a death wish?

Stand my ground applies in this situation.Answer #3: Castle doctrine in Florida does not apply to the property itself like the front yard but a dwelling, residence, or vehicle. This is specified in Title 46, chapter 776 under justifiable use of force.


Title: Someone kicked my dog intentionally (RI)

Question:
As said in title, this happened in Rhode Island, I was not present but my mother was, and this is someone we know. My mom babysits my nieces, and my brother in law is usually the one to drop them off. My puppy, is still a puppy and is very playful with my youngest niece, he has never hurt her in the 3 months we’ve had him, but he is half her size now. My brother in law was convinced my dog was trying to bite my niece, my mom, being the grandmother would never let this happen but he took it upon himself to kick my 8 pound dog onto the pavement where he landed quite a distance from the intensity of the kick. My mom confronted him saying “they were playing, there was no reason to kick him” and he said “he was biting and he just a dumb dog” to which she replied “if we were watching the same situation, he was not biting her.”

Later in my mom sent him a message asking him not to ever kick the dog, because it would be appreciated since she provides free daycare. He became highly upset and had prohibited my sister and their kids from seeing us. Big asshole, I know, regardless my sister still had brought the nieces, and the guy is realizing how much he needs my mom, but my mom is wondering if there were anything she could’ve done in this situation legally. It might be too late now but for future reference since we have two dogs and also to show the asshole that my puppy is not “just a dumb dog” and has rights as well.

Answer: This sounds like a family issue more than a legal one.


Title: I can't be fired for nost being able to go to work on a day because I was in jail, couldn't make bonds and because of the holiday weekend the judge or bonds wouldn't be back until monday can I?

Question:
It was for a DUI with specific medications that I'm prescribed and apparently its a big deal. It happened thanksgiving night so the Judge and bondsmen were done for the until the next Monday. My car was damaged so I couldn't use it as collateral and the bail for that day was 5000 that I simply dont have So I'm resigned to a few days of jail. A really nice officer let me use my cellphone so I can talk to my mom dad and family real quick and the last thing I did was text my manager at 7 am and she responded this with this at 8:51 An hour after we(the store opens) and a cop brought it to me to open and see
"This looks really bad Steve on a holiday. I really nee you to come in so if you get out of I need'you here"
And that was after I sent her this message to explain
"Sarag It's David. I'm only getting 10 minutes to text people because I begged the police officer and he said he appreciated that I have some responsibilities to take care of. Anyway I'm in Jail and I can't pay the bail because of the holiday weekend everyone in the State Goverment isn't working. At least the judges aren't and don't get back until monday so it looks like I wont be out until then. I cant even pay the bondsman because I don't have any collateral after my accident. I'm really so sorry about this and if you can find someone willing to work a burner shift then I will pay them an extra 50 out of my own pocket and will work mondays and wednesdays(my days off)if someone wants a shift change
anyway end of that wall of text. I can only assume shes acting so flip because she thinks I'm lying. I cant wait to bring her the paper that proves I was there and she can eat it. Someties I make mistakes but I am a person with integrity so her whole reaction really bothered since obviously I'd be getting paid thank stuck here waiting til i can get 2k saved up once banks start doing normal hours again
LOOONG tangent, they legally can't fire me for this, can they?

Sorry live in Utah I'm sure they have some of the worst laws for workers  I'm sure. Is the whole exigent circumstances not helping me then with the fact that they are closed and i cant talk to a judge or bondsman?

My defense would be predicated for on the fact that I was held somewhere against my will for 3 days for a crime I didn't commit and am guilty of. I also asked for a lawyer when they were interviewing me and they kind of ignored my question. Does that not change the situation all all? I feel like there should be some kind of leeway here because I'm getting fucked by thanksgiving weekend. Do I truly have no remedy?

Answer:
 You can 100% be fired for not being at work (unless you have a contract which says you can't).
Answer #2: Not sure how you are posting to reddit from jail..

Assuming you have no contract, no union and are an at will employee, then yes they can fire you for calling in, no matter the reason and don't need a reason at all to let you go as long with very few exceptions of which this isn't one.

If you are let go, you can file for unemployment, but you may be denied as the employer had cause to let you go for missing a scheduled work day. Answer #3: A state would be helpful, but considering a lot of states are at will, why would you think they couldn't fire you?Answer #4: >I was held somewhere against my will for 3 days for a crime I didn't commit and am guilty of

Uhh. No. DUI isn't only alcohol if that is what you are thinking. If you took medicine (legally prescribed or not) and it impares your ability to drive, you are driving under the influence.

I don't understand the timing, because I can't see how it is possible for you to be posting on Reddit while locked up, but either way, when you are released, you will want to get a lawyer.

As far as your job goes, you did something irresponsible that caused you to not be able to show up to work. They have every right in the world to fire you.


Title: Finances father gambled away her parents home

Question: My fiance's father gambled away the home that he, her mother, and her 25 year old sister live in. It has been in their family for 5 generations. The mother and father divorced 20 years ago but never physically separated. Her name is not on the deed. Never was. She has been paying for all of the taxes and Bill's and expenses for years. He is a mentally I'll person. How should she go about separating and does she have possible rights to sue to recover loss. This is in Connecticut USA

Answer: Who' name is on the house's title?


Title: Girlfriend $17,000 in debt, she wants to file for bankruptcy

Question:
She’s 27, has no assets, has a decent job. Wants to file for bankruptcy. I personally told her not to do it, it’ll affect her for several yrs to come.

All her debt is in collections, some credit card, the others are hospital bills, phone bills, etc.

My question is what other alternatives does she have so she can go about this differently other than bankruptcy

Answer:
 > what other alternatives does she have

She can pay down the debt.

She can negotiate a lower rate.

Consulting with a bankruptcy attorney is a good idea.Answer #2: r/personalfinance


Title: Maybe you guys can help me with an issue with my kid's mom up and moving with her. (xpost from daddit)

Question:
We got into it and I can't see things being repaired between us soon. If I don't sign some ridiculous "agreement" of hers by tomorrow, she is threatening to take my daughter and move out of state. I signed a VAP and was delighted to learn she can't do that. When I let her know, she casually informed me she would just move to the border, since where her new job would be at is just across the state line.

Her not being able to move was the only good news I've gotten in this whole ordeal, and it got wiped out from under me. Does us having a VAP only stop her from leaving the state, or does it also stop her from moving a certain distance? Has anyone had any dealings with this? We are currently in Illinois. She is threatening to move her about 3.5 hours away.

Thanks in advance! I work in the morning so I will check this when I wake up, and hopefully find some help.

Answer: If you don't have an active custody order in place with set visitation times for you, then yes, she can absolutely move with the child. If you do, not so much. It's in your best interest to get a custody order set up ASAP.


Title: [Massachusetts] Unequal wages for equal labor

Question: I started working at a medical device company in August of 2011.  I applied to the position through craigslist.  The same day I was hired, Jim was hired to do the same job as well.  Jim interviewed as I did, but a key difference is that he is a friend of a friend of the Vice President.  He did not know the Vice President before being hired, but knew a friend of the Vice President.  He started at 52k a year and I started at 37k a year.  We are both still employed there and do exactly the same position.  From wage raises I now make 42k a year and Jim makes 54k a year.  I provided salary requirements when I applied to the position which were based on the national average for the position.  If I requested a salary over 50k a year I strongly doubt I would even got an interview.   It's worth noting that my highest level of education is a bachelor's degree while Jim's highest level of education is a high school diploma.  I am 32 years old now and Jim is 49 years old, so he technically does have more previous working experience.  The reason I am aware of the wage discrepancy between myself and Jim is because a former worker in payroll informed me of the wage discrepancy and even provided printed documentation of it.  I did not snoop or even request the salary information from that worker.  She resigned maybe 6 months after she told me for her own personal reasons.  I find it inherently unethical that management has gone along and paid Jim drastically more than myself for so long day after day.  I would have substantial guilt doing this to somebody who I know does exactly the same job.  I believe this could be considered illegal based on The Equal Pay Act Of 1963 which prevents any discrepancies in pay between people within the same field within the same company.  Should I seek litigation?  **I believe that advising me to simply find another job is letting management off the hook**

Answer:
 The act you reference makes it illegal to pay differently based on gender.  That doesn't mean that men and women have to be paid the same, just that the difference can't be *because of* gender.

"Let's pay him more than her because he is a friend of a friend of the boss" is legal.

"Let's pay him more because she is a woman and therefore deserves less money" is illegal.


Title: Broke up with girlfriend; She's demanding i move out the same day, but i need a few days to find a place. Can she force me to move out the same day?

Question:
This is taking place in NYC. I have lived at this address for about 4 months now, i have keys, i've gotten mail here; all the usual things ones does when they live somewhere. As far as a lease, my girlfriend doesn't even have one. Its a 3 family home and the owners who live on the 1st floor rent the basement and 2nd floor apartments. Whatever issues we have as a couple reached a boiling point this last week, and she got really upset and was yelling, demanding i move out that day by 7. (This was around noon, 1PM i got this email from her. I told her i cant find a place that fast and i have nowhere else to go, and her response was, that's not my problem."I I know that in most situations if you're a tenant you cant be kicked out of your place without being given some notice, even without a lease.

To be clear; i agree with her that the relationship is over, and i'm fully intending on moving out, i just need to find a place first, and that's kinda hard to do if you're on the street with no computer or place to sleep.

For my situation:

Girlfriends apartment but she does not have a lease.

I have been living there since mid January.

I have been paying rent to her.

I have keys, and i have received mail at this address.

No domestic violence or anything of the sort.

Is she able to kick me out without any notice?

If i go outside for any reason (like to look at a potential new place, or get lunch and she tries to lock me out, what should / am i able to do?

Answer:
 That other comment has misinformation in it, and you should always be skeptical of statements like “Everything I’m tellin you is 100 percent fact.”

You don’t need to have been there longer than 30 days or have received mail there to be a tenant. You lived there, so you are a tenant and she can’t just kick you out without giving you notice. You aren’t a squatter and there is no “squatters law.” Yes, it’s nice to have evidence that you live there, but you are a tenant regardless.

You should expect that she’s probably going to try to illegally evict you, and you’d be wise to secure your most important documents and belongings elsewhere. If you think she’ll be rational you can try to forestall her by explaining that she owes you 30 days notice and/or asking a police officer to tell her she can’t just lock you out or put your stuff on the curb.

If she tries, you absolutely want to call the police to document it. They’ll come out and try to talk her into letting you back in, although it’s highly unlikely they’ll force her to. Police will generally tell you this is a civil matter and you need to sue her. Your best next step after you’ve got the police report is to visit your landlord on the first floor, explain what happened, and ask him to let you back in. You’re his tenant too, so if you’re locked out he should call a locksmith for you (and charge your GF if she hasn’t given him a copy of the new key).

You’re in NYC, so you have some of the best tenants rights organizations right there in town. I suggest you call them and run your questions past them as well.


Title: Lucky my SO is alive. Central Michigan DUI.

Question: [deleted]

Answer:
 AA and an attorney. He's lucky he didn't kill a family and himself. .22 is serious levels of alcohol, be prepared for him to lose his license for a decent period of time (up to a year), which may also impact his employment. Expect the possibility of an IID when he gets his license back. Possibly 3 months in jail and a $500 fine.

He was going the wrong way on a highway with a high BAC (Michigan has High at above .17). I'd expect the book to be thrown at him, but an attorney may be able to plea out a wet reckless. Answer #2: Good on the AA meetings and therapy. You need a Criminal Defence lawyer, now.Answer #3: Judging by the title I was expecting a lot worse, so I am glad it wasn't worse. As others have said get a good lawyer, and I would suspect the offense would be treated generally similar to other first offense DUIs. Don't get a repeat offense or violate probation, as things quickly get tougher.


Title: Underage friend is being blackmailed with video of him having gay sex

Question:
Using a throwaway because he knows about my actual account. I live in Connecticut, he lives in Utah.

About a year ago, my online friend was fooling around with a guy from his school, unaware that his webcam was on. Somehow, someone hacked into his webcam/computer, recorded the entire thing, and started demanding money from him or else they would send the video to his family.

I'd assume the common procedure for this sort of thing is just to block and ignore the person, but it's gotten to the point where it's extremely stalkerish. For example: the person emailing him random pictures of him IRL. So far my friend hasn't sent the person any money, but their demands have increased from $250 to almost $1,000. His parents have zero clue that any of this is happening, I'm the only person he's told about it. I've tried to get him to contact the police, but every time I ask, he gets mad and refuses because his parents are mega-religious and doesn't want them to know that he's gay and having sex while underage.

Can I report this to the police even though I'm not actually involved? What would happen if I did?
Topic:
Juvenile and Youth Law

Answer:
 He needs to sit down with his parents to tell them what happened. Then he will need to go to the police. If he is under 18 then this is child pornography and the blackmailer can also be charged with that. I know this is difficult, but at this point he really has to confront his blackmailer. YMMV. IMHO.Answer #2: > someone hacked into his webcam/computer, recorded the entire thing, and started demanding money from him or else they would send the video to his family.

Nobody hacked this if they know who he is how to find his family.  He knows this person.Answer #3: You have proof of what he is saying is true? I've encountered people who claim a tragedy, just to mooch money off of friends online. Has he asked you to cover the funding for him?

Tell him to suck it up and go to the police, regardless. If his parents can't accept that he's gay, it'd be made worse by him keeping secrets.Answer #4: Has he asked you for money to pay the alleged bribes?  The "someone hacked my webcam that was accidentally recording my underage gay sex" sounds a little contrived.


Title: Construction workers building a house beside us keep coming into our yard to use our power

Question:
Hi everyone. I’m located in Canada, B.C. and I’m at my wits end with the construction workers building a house next to mine.  I apologize if this isn’t the best place to post this please direct me somewhere else if needed.

When they first started building the house about 9 months ago they claimed they came over and asked if it was okay that they use our power (which is false because everyone in our household was at work that day).  We went over as soon as we got home and saw a random extension cord hooked up outside our front door. We confronted them and they said their boss talked to us and said it was fine.  We politely told them we did not mind if they used it as long as they ask us first. They said that it was no problem and not to worry as they were going to be renting a generator soon.

Well flash forward to 9 months later and they are still using our power outlets but have now also started to open our gate to our backyard and plug in their cords there as well.  We have caught them using our hose as well (which they didn’t even bother to bring back they kept it at the construction site).  We have a dog and live on a busy street so we do not like the idea of people coming in the backyard unless we are aware of it.

We have walked over to try to get the name of the company they are working for but have not had any luck.  We have also told them numerous times that we are not responsible for providing them with the tools they need to build a house.  We are wondering if there is someone we can report this to or if they are legally allowed to do any of this.

Thank you for any help you may be able to provide
Topic:
Canada

Answer:
 If you can shut the breaker off for the outlet.
Turn off the hose bib.

Post signage ? Not sure with trespassing in your area but posting a sign simply asking them not to do it is a good first step potentially. Answer #2: You did something nice and now they are taking advantage of you. Their failure to bring a generator to the job site is not your problem.  You shouldn't be paying for the electricity they need. Have you put up a sign and/or turned the breaker off for that outlet?Answer #3: In my county (mid-Atlantic US) it is *very illegal* to have a prolonged construction site operating without any power or water. Are there any similar such laws in your area? Answer #4: If you can, get a security camera.

Inform them that they are no longer welcome on your property. Then start calling the police when they trespass.


Title: (ND) My wife's employer told her when she was interviewed that they would pay for her Master's degree in full. After two weeks at the position they told her they would not pay it.

Question:
My wife is a school teacher. She turned down two other offers from schools for this one. One of the key reasons she accepted this one was because they offered to pay her Master's credits in full.

Now the administrator told her they would not be paying because "he assumed she was going to the -local college- rather than the -similarly sized college 2 hours away-" and that her credits cost too much.

How do we go about this? She will have to quit her Master's program unless we get some financial help. Do we go to the school board? Superintendent?

Please help.

Edit: She is already half-way don't with the program

Answer: What do you have in writing from the job offer documentation?


Title: N

Question: So my car broke down late at night so I decided to leave it parked on the side of the street and get it the following day. I asked the people who lived where I parked if it was okay to park there and they said it was fine. Someone else called the cops and it ended up getting impounded. I was parked the wrong way and I had temporary plates on it that were hard to read (I have regular plates, I just haven't put them on yet) so here's my question; is my only recourse to pay the impound fee or is there something else I can do?

Answer:
 Something else like leave your car there forever?

Your car was illegally parked in violation of multiple laws.  If you want it back, you pay the impound fee and then pay the parking fines.


Title: (Missouri) Friend injured at work... employer claiming she reported too late for workman's comp.

Question: A friend of mine works part time as a lifeguard. About a week ago she tripped and stubbed her toe on the clock and didn't think too much of it. After a couple of days of pain getting worse she went to the doctor, had x-rays done and found out her toe is fractured. She is now in a boot and her doctor told her she should check into workman's comp. After talking to her employer, her boss told her they can't do anything because she did not report the injury the day of and they would've needed to drug test her to make sure she was sober at the time she was injured. I don't know much about workman's comp laws in Missouri but this doesn't sound right to me at all. Can someone explain to me if her employer was in the right, and if not the proper steps she should take next? Thanks in advance!

Answer: She needs to file a claim. Period. Her boss is not an expert in workers comp, it’s not his job to determine whether or not coverage applies.


Title: I got accidentally let go from work.

Question:
I know this sounds odd but it's true. I was accidentally let go from my seasonal job. All the managers at my store told me after I got let go that it was a mistake because they all intended to keep me. I was also told to expect a call from the HR lady who let me go in which she would offer me my job back. I was told this twice but I still have not received a call and it's been 3 weeks since I was let go. Is it okay for them to be leading me on like this, is it even legal for them to have let me go when they supposedly intended to keep me and they had it in writing that they meant make me a permanent employee. I need some advice I don't know how to exactly approach this situation. (I'm from California just for clarification)
Topic:
Employment Law

Answer:
 Even a "permanent" employee can be let go at any time for no reason.

If it's been three weeks, I'd start looking for other work.


Title: (New York)crazy mom is threatening to kick my bro out of grandmothers house no rental agreement whats his recourse ?

Question: he's been there live in caretaker for 3 months and has been living there for 3+ years no rental agreement rent has been paying rent in cash, she threatened him with 30 days just last week, what advice can you guys offer?

Answer:
 Does your mother have control over your grandmother's affairs?  Whose name is the house in?

Assuming the mother has control over the affairs, she can give a legal notice to vacate.

If not, the GM would have to give the notice to vacate.


Title: Drugged @ a bar w a history of druggings

Question:
Forgive the “throwaway” account that I’ve created to discuss this topic. I actually decided to post here because the RAINN AMA (connection in a moment).

About a month ago during the LA Pride festival I went to a local bar called The Abbey. It was 3pm when I was thinking about calling it a day and then it was 7:30pm and I was in a medical tent with IVs in me and all of my items stolen.

At first I thought I drank too much and lost my things like a dummy but my card was fraudulently used at the bar I was last at, and I only had 3 drinks over 3 hours and I know how I react to drinking. I tried to file a police report and was at first turned away and told I must have just been drunk. I filed a report after returning a second time but when my ID was mailed to me and drove it in a third time my detective said it wasn’t even listed as stolen and that he had to be elsewhere. Now he won’t return my calls. He was supposed to get the CCV tapes of the bar to see if we could trace what happened to me.

The cops who took my report said this happens all the time at this bar. I looked online and there are several victims going back several years. It seems at though the bar tenders are the ones doing this to patrons.

The bar wouldn’t answer my calls or emails. The cops aren’t helping. RAINN hung up on me when I called...  Peace Over Violence won’t return my emails. The one lawyer who did take my call said it was too big of a case for him, and the other lawyer I called said it wasn’t worth his time if I wasn’t raped and that it’s a “mere” drugging without harm.

I don’t know what happened to me in the missing time. I don’t know if I was assaulted. I didn’t feel penetrated and was so out of it when I was picked up from medical care that I didn’t think to get a rape kit done.

I’m pretty friggin exhausted by all of this, but there has to be SOMETHING that can be done if the management has been aware for years and won’t do anything nor respond to the patrons who were injured on their property.
Topic:
Other Civil Matters

Answer:
 Your problem is lack of a lot of any evidence that anything happened + you were drinking/drunk.

So, your best option is to leave a review. You dont have any legal avenues to go down that I can see


Title: Can a landlord come into a unit if he knocks and asks if he can take a look around? [LosAngeles]

Question:
A roommate is causing havoc by renting out the living room through Airbnb and had a non-lessee move in and receive mail. The landlord has not seen first hand what and who is staying at the house. He would like to see the house and I want to show it to him, but does he need to give any kind of notice to all tenants? Can he just show up or pre-schedule something with me (I'm on the lease) ?

Thanks in advance!

Answer: Any tenant can let the landlord or any guest into the common area or their own room.


Title: My children's father never responded to petition -- North Carolina

Question:
[deleted]
Topic:
Custody Divorce and Family

Answer: TLDR: the dad didn't respond to a petition for child support and custody, what does she do next? No money for a lawyer, applying for legal aid. Answer #2: Google local women's groups in your area. They often have lawyers who volunteer with them and may be able to help for free or at a very discounted price.


Title: [Virginia]Lived with friend for a month and was told by landlord (father of friend) that I was a "guest" of my friends and would pay my $250 rent to him. Landlord asked for rent a week early and then evicted me for not having it. Do I owe him back rent legally?

Question: As a principle, I normally would pay it regardless. But after how he went about it (He is bi polar, and my mother called him later that day to calmly talk about what happened and he only said "fuck you hon, your son owes me $250" and hung up) I really don't want to pay this man a dime unless I absolutely legally have to. Also, a lease was never signed.

Answer: This sounds like you were a tenant illegally evicted. Did you pay rent at the time you moved in, and this was the 2nd month, or had you not paid anything at all? Do you have any evidence (text messages, voice mails, testimony of witnesses) on what the agreement was and when your rent was supposed to be due? Were you actually evicted through the court, or did he just tell you to get out?Answer #2: If he comes after you, counter that it was an illegal eviction and that he demanded rent early with no notice. He'll lose far more than you will.Answer #3: If you agreed to pay $250 a month, then, yes you owe him the money for the time you stayed there. Normally rent is due at the beginning of the month, not the end.


Title: Won't take cash??? CA

Question: Not really an issue since I have the money in my account to pay, thanks god. But I just picked up my car from the body shop and they have posted a notice that says they no longer accept cash payments. To my understanding, when payment is due if I have cash they have to take cash?

Answer: >*There is no federal statute mandating that a private business, a person or an organization must accept currency or coins as payment for goods or services. ... Massachusetts is one state that actually does have a law on the books that requires all retail establishments to accept cash payments however.*


Title: I’m think being cyber stalked and I’m not sure what I can do. [Canada]

Question:
I met a guy, let’s call him Andrew, on tinder three years ago. We hung out once, I didn’t feel a connection and let him know I wasn’t interested in pursuing a further relationship and stopped talking to him. He continued to message me on Snapchat, Facebook messenger, and IMessage . I proceeded to block him on all after he began to send me very sexual messages that were just completely inappropriate.

I got a new phone a few months later but same number. I didn’t post anywhere I had received a new phone but I started to get messages that matched the area code of where Andrew was from but when I asked who the ‘mystery’ texter was, they wouldn’t answer,  just played coy saying it was ‘someone special who thought a lot of you’. I blocked the number and let it at that.

A few weeks ago, I got a text from an unknown number that was flirty and made me uncomfortable. I was out with my long term boyfriend and he suggested I block the number which I did however the final text I got gave a very identifying characteristic that Andrew himself talked about the one time we hung out and I knew then that it was him. So at this point he still had my number, and despite changing his he kept mine and was still trying to contact me.

I have Andrew blocked in all social media, everyone with a similar name just in case it’s an alternate account. And recently I’ve been gaining a larger following on Instagram and YouTube so my socials are fairly public. I don’t want Andrew posting those inappropriate comments on my posts or videos.

As recently as tonight he made a new Instagram and posted an edit on the account of two of us professionally photoshopped in a marriage ceremony. I reported it to Instagram and am waiting for it to be removed. I blocked the account and have had several followers DM me about whether or not I was cheating on my BF with this random guy (Andrew).

Is this considered Cyber Stalking? Is there anything I can do to legally to prevent him from interacting with me? Or am I at the mercy of being public on the internet?
Topic:
Computer and Internet

Answer:
 You should definitely consider talking to the police, because it sounds like this is veering into criminal harassment territory.

&#x200B;

The other thing you'll want to do (though it's going to be annoying) is to just get a new phone number and only give it out to people you trust.


Title: Is a non-compete valid if I never received compensation? UTAH

Question:
I was offered a position in a company as a coach working for X company. They had me sign the paperwork witch included a 1099 and a non-compete, but it's been months and they haven't started working me, or even responding to my messages. I now want to coach privately, but I do not want to breach any contracts.

Thanks for any help.

Answer: Basic contract law states that if you receive nothing of value in return for a promise then that promise is not binding. If you decide to coach on your own I would make sure you inform them of this if they do offer you work someday.


Title: [US]: Would a fully functional light saber be protected by the 2nd Amendment?

Question: ([Brought to you](https://www.reddit.com/r/AskAnAmerican/comments/alf7dk/would_a_working_lightsabers_be_protected_by_the/) from r/AskAnAmerican.)

Answer:
 Considering NY recently had to reverse their ban on nunchucks I'd say yesAnswer #2: Probably be regulated more like a sword than a firearm, generally legal to own and cut inanimate things on private property with, but a huge liability in every sense to carry for "self defense".

Possibly restricted by a slightly generous interpretation of the 1958 Federal Switchblade Act.Answer #3: Yes. Like elon's flame thrower sales


Title: A social security issue. [Ohio, USA]

Question:
So, I've been faced with a simple problem. For a retirement plan, my father is receiving social security checks since there's a minor in the house that he cares for. (Me). This check will last until I'm 18, or if still in school, my graduation.

Here's the problem, though. Is said money is -my- name? If so, can I use it for as I please? I plan to move out ASAP, with the SS assistance money that's been collecting, I'd be capable of having around three months of saved money for rent. Of course I'd likely stay to save up further funding, but, I'd like to know if the check can be used for anything after I move out. My mother spoke of the check not being applicable if I move out, aka, I can't use it. (I'm hesitant to believe her, as she's been stretching the truth to keep me at home for as long as possible, and kept contradicting herself)

Thanks for the advice in advance.
https://www.ssa.gov/planners/retire/yourchildren.html

That's the link to the site over retirement.

Answer:
 > Is said money is -my- name? If so, can I use it for as I please?

No. No. The money is used to support you; presumably for food, rent, utilities, etc...


Title: [CT] Doctor falsely claimed I forged a prescription and filled an expired prescription. Do I have a case for defamation?

Question: Hi all - thanks in advance for any helpful comments or advice. Here's the situation: I've received treatment for ADHD at a local clinic for several years. My medication services were managed by an APRN there, who works under the supervision of a psychiatrist. Long story short, the clinic and I had a falling out (because they weren't respecting my rights and their conduct was abusive in my opinion), at which point the APRN and psychiatrist both claimed in my medical records that I forged an Adderrall prescription and filled an expired prescription of the same. Neither claim is true - both are demonstrably false. What are my options? Do I have a case for defamation?

Answer:
 First, HIPAA allows you the right to request amendments to your record if you believe the information is incorrect. [Click here](https://www.hhs.gov/hipaa/for-individuals/medical-records/index.html) for a brief overview of that and the regulations where you can find more details.

Second, how did you find out that your record states this? Were the records forwarded to your new provider and the provider denied care because of the accusation within the record?


Title: Who is at fault if I hit a cyclist who is riding (not walking) through a crosswalk? (Ontario, Canada)

Question:
A few days ago I was making a right turn and almost slammed into one. Had to slam on my brakes. This is basically how it went down: "k, check for pedestrians. None. Check traffic. None. Put foot on the gas and turn... WHOA BIKE."
Since he was riding instead of walking it through the crosswalk, he crossed the entire thing in like 1-2 seconds, so even though I had already checked for pedestrians... There he was. So if I had actually hit him, what would have happened?
2nd question: what would happen if the same situation happened, but instead of a bike, it was a normal pedestrian sprinting as fast as he could through the crosswalk?
3rd question: are bikes ever actually going to obey the rules of the road? :(.

Answer:
 Answer to 1st question: your car will possibly get scratched or damaged and the person will probably file a complaint or even sue you.

Answer to 2nd question: If it was someone running so fast and you hit them, you are at fault still. Because you're supposed to check your blind spots over your right shoulder.

Answer to 3rd question: It depends on the individual. If there was a sign for cyclists to stop and dismount, then they are obligated to follow the rules. If there was no sign, then the next responsible one to be more careful is the one driving a car (assuming they are more educated on traffic rules and regulations)

This is just my opinion. Drive safely :)


Title: I think I fell for a weed scam.

Question: (For reference, I live in Massachusetts) I know already that I’m an idiot for trying to buy weed online, so don’t tell me that. But I was dankrupt and wanted to smoke, so I searched “buy weed online” and found a website called “Marijuana Pot Strains” (totally legit lol). I ordered 2 distillate cartridges, totaling $120. I sent the money via Western Union to Georgia (US). They sent me a tracking number via a courier service they use called “CourierXpress” that claimed they would deliver to me discreetly. However, I checked my tracking number and realized my package was held due to lack of insurance. I email the website and they replay saying that my package was held at UPS customs because I did not have an insurance document required so that UPS would not open my package. They needed $200 for it, so I sent it via Western Union again. Then the next day I check my tracking number and see that my package is held do to lack of TAL. I receive an email from “upsinsideragent@mail.com” after I emailed the weed website about it, saying that DHS is holding my package. They explain that Massachusetts is one of the few states that requires government-sealed packages to have a travel agent’s license (TAL) in order for it to be legit. My package had a government seal on it from me buying the insurance document. They said I would need to pay $1,200 for this license, which I do not have the money for. I was given an a person to email that would be able to negotiate time for me to get $500 to send via Western Union to Cameroon for part of the payment of the license. The guy keeps telling me that he “doesn’t know the outcome” if I don’t send the money. I’ve been freaking out about them opening it and getting arrested. I just want to make sure that this is a scam before I send more money.

Answer:
 You are being scammed.  Never send money for anything with western union.  Their courier service is obviously fake and the tracking info is whatever they type on the website to trick you.
There is no package, never was going to be a package.

Stop sending them money and stop talking to these scammers.


Title: Can bars/restaurants stop serving alcohol to drunk patrons?

Question: I'm talking about New Jersey, USA. Not too sure about other states/countries.

Answer:
 According to this, they are required by law to do so.

http://www.phillyburbs.com/news/crime/serving-intoxicated-people-a-law-that-is-rarely-enforced/article_2ec24b16-6970-5e44-8233-0a689b17ae36.html


Title: Shady Uber middleman threatened to report me to a collection agency because I don't want a part in his referral scheme anymore

Question:
Located in Toronto, Canada

I made the mistake of getting involved with an unlicensed rental agent who would provide a car, insurance, and maintenance in exchange for me becoming an Uber Partner via his referral and compensating for gas, mileage, and a small rental fee for the car. I worked for one day and made $130 (after Uber's commission), plus an extra $100 from the referral bonus = $230.

During some downtime during the 9 hour period I worked, I realized that in the long run there's no fucking way I could make a shit ton of money doing this if I needed to pay him every time I did a stretch. So I told him I want out. He told me that he's sorry I felt this way but I owe him his share, which totals $161 ($61 for the total use of the car and a $100 sign-up fee which is really my share of the Uber referral bonus for completing >10 rides but he claims it's his own business fee), and if I don't shell it out by Wednesday, he's reporting me to a collection agency.

Here's the fun part: I don't have a contract with him. He was supposed to meet me at the end of my 9 hour stretch to make me sign documents and what-not. He didn't show; his business partner did though, and he didn't have anything for me to sign either. The only contract I have is with Uber, the Partner arrangement to work as an independent contractor for them, which is between me and Uber.

He created the Uber account for me but the first thing I did when I realized this was all bullshit was go rogue on his ass and change the login credentials to lock him out. I want all of my money when payout time comes, and that's now between me and Uber. I don't feel bad for using his car and all that for the one day because he already got his $100 referral for me from Uber.

Because I don't have a contract with shady guy, does his threat to report me to a collection agency hold up?
Topic:
Contracts

Answer:
 To report to a credit agency you have to first become a member of that credit agency's reporting network. There's a long list of requirements and it's a rather strenuous process for the business. See [here](http://www.experian.com/consumer-information/reporting-to-credit-agencies.html) for an example of the process. Now, I can't verify this, but I really doubt Mr. Shady has done the work (or even would qualify) to become a member of any credit reporting business.

Regardless, if he does report it, you have the ability to dispute any marks on your credit with the reporting bureau. So you can safely tell this guy to pound sand, and if it does show up on your report (very unlikely) then call up the credit bureau and sort it out with them. They all have an established process for disputing marks against your credit.


Title: Dog keeps charging at me. (Louisiana, US)

Question: My neighbor's yappy dog keeps getting in our lawn and anytime it sees me, it charges at me. It's not a big dog, but I've never had a dog bite me before. It terrifies me. I already talked to them and told them I'd file a police report. There are strict leash laws here. I have a video of the dog in my yard and another vid of it terrifying my cat. Instead of the neighbor being an adult, she got the kids in the car and drove around having them yell at me. I'm thinking about getting a bb gun or pepper spray for dogs. Can I legally kick, mace, or shoot towards the dog if it keeps it up?

Answer: You are allowed to defend yourself from an aggressive animal. Keep a record of the times that you have talked to your neighbor. Pepper spray is probably better than the bb gun from a perspective of not doing permanent damage to the dog, and it will be a better deterrent.


Title: Was pulled over. Had a gun and a dime of weed. Was given a ticket?

Question: I was pulled over in the 9th of this month. I was on my way to work but forgot I had my weed in my pocket and my .22 pistol on the seat. I didn't have a seatbelt on and was pulled over. The cop asked if I had anything and I told him about the weed and my gun. He later gave me a ticket and said, "You aren't going to jail but I'm gonna have to give you a ticket on possession less than 2 oz and unlicensed to carry." I bought the gun legally and work at a corner store. I called a lawyer and he told me that I'm more likely to dismiss one but not the other. I have a clean record and I go to college. I'm trying to better my future and I don't want to let this ruin my chances. I wasn't arrested than, but my lawyer says that they are likely to put a warrant for my arrest by the end of this month. I live in Texas, so hence the hatred for weed but lenience on guns.

Answer:
 You are the luckiest human on earth.

You have a lawyer. Listen to your lawyer. Stop carrying a gun without a license. Answer #2: What's your question? We cannot predict the future, and your lawyer is almost certainly more knowledgeable than anyone on this sub about local laws and practices.


Title: If a person over 18 is living with their parents and their parents take the person to the emergency room for a life-threatening drug problem are the parents obligated to pay for any of it?

Answer:
 For REAL answers, specify a particular country and/or state. But as a GENERAL answer, no.

Once the child is an adult, the parents do not have any special legal responsibility any more than some other relative or a stranger would. The hospital bill is entirely the responsibility of the patient. (And on the other hand, the parents have no special rights to insist on treatment or even know about it. The person can refuse treatment unless they are medically incapable of doing so, in which case the hospital is legally required to provide lifesaving treatment and the patient is obligated to pay for it.)


Title: Police forced us in the lawn in underwear

Question:
I was getting ready for bed when at about 9 at night the police came to our door and pointed  a gun through the screen door at me, demanding we turn over a person who did not live at the residence.
No form of explains or civil talk did anything an instead the door was forced open at gun point.
When told no said person did not live there they forced the door open, used several flash bangs (we have burn evidence photos) destroyed rooms (again we have photo evidence) and forced us on the lawn  in our underwear (the house is rented to me and four other roommates who are military or former mil.) Again we insisted there was no person that lived there and I had a lease stating so that said person was not there nor did anyone know who said person they were looking for was.
There was no warrant shown at the door but apparently we later learned there was a warrant.
We were humiliated, held at gun point and forced onto the lawn in underwear while begging if we could at least put on clothes.
Do I have any legal recourse?

Answer:
 You can either:

a.) file a complaint with their department

b.) contact a lawyer and sue

Or both.


Title: Condo Association is trying to force my elderly tenant to quit smoking on her apartment balcony but there’s no rule against it

Question:
Originally posted in r/homeowners but it was suggested to come here for help

[original post ](https://www.reddit.com/r/homeowners/comments/c5y934/condo_association_wants_us_to_tell_our_elderly/?utm_source=share&amp;utm_medium=ios_app)

I’m usually the first to advocate no smoking anywhere, but for our tenant
who can’t get around very easily anymore, I am trying my best to keep her happy and in her home.  She’s 82 and smokes, she has her whole life.  First they (condo board) passed bylaws that made the entire building smoke free, so she did what the rest do, went outside on her balcony.  But now they want her to stop that.  If she wants to have a cigarette, she would need to have to walk to the park area which isn’t easily accessible to her and across the parking lot.

There’s no specific condo bylaws that states it’s prohibited, but in our second warning the property management sent us today they wrote;

It has come to Managements attention that your tenant is still frequently smoking out on the balcony and as a result the smell has been disturbing to other residents.  The complainant states that as a result of the second hand smoke from your tenant that they have been forced to go back into their unit and shut all their windows and patio door as it physically bothers them causing them to get stuffed up and feel unwell.
If you could speak to your tenant regarding this matter and ask if they could refrain from smoking on the balcony as it is affecting other residents.
 As per the Bylaws:  Common Property
 13(9)  Owners must not use or enjoy the real or personal property of the Corporation or the common property in such a manner as to unreasonably interfere with its use and enjoyment by other Owners or occupants.  No portion of the real property of the Corporation or the common property may be used except in accordance with the Bylaws, policies and rules established from time to time by the Board and/or the Corporation.
 Please advise our office once you have spoken to your tenant and advise of what corrective action will be taken to ensure that they refrain from smoking on the balcony.
 Thank you in advance.

I replied that I would look into what our options were and what actions could be taken and that I would get back to them right away. I feel like they could tell me to stop barbecuing too because that might bother people.  Am I required to tell her to stop smoking?  Is there anything the board or property management could do if I tell them she can continue?  The building is already constantly riddled with cigarette and marijuana smoke inside so I am really skeptical that it’s her alone that is the issue and anything could be considered bothersome or interfering.  What can I do?  I’ve already told my tenant it’s bothering people and she felt awful and insisted she’s not even out that much but would watch for open windows and stuff but this seems ridiculous.  Or is it?

Appreciate any advice, thanks

Edit: talked to tenant to see how everything’s been and if she’s noticed smoke still or anything etc and she’s just said that she’s smells ‘the marijuana’ all the time from the balconies adjacent to her, it’s possible the cigarette smoke isn’t even coming from just her balcony
Topic:
Landlord Tenant Housing

Answer:
 Many tribunals and courts have held that smoking on a balcony, whether cannabis or tobacco, can indeed interfere with the rights of other tenants. No specific bylaw required.Answer #2: NAL - but... seems like they’re being pretty reasonable.  Your Tennant is stopping other people enjoying their apartments.  I’m not sure why being 82 should get her a pass.Answer #3: Sorry OP I went through this same thing, but from the perspective of someone who was receiving the unwanted smoke.

I ended up determining that I might have to sue the other party for interfering with my right for quiet enjoyment. This isn't smelly fish cooking, or having conversations at night.

This is toxic, odorous smoke interfering with someone's right to live in their home.

You have no leg to stand on here, and need to tell your tenant that times have changed and she either needs to walk to an allowed area to smoke, or she risks you being fined, or her being sued.

That's the reality here.Answer #4: Buy her a vape pen?

Seriously, though - you'd be arguing with them over what is 'unreasonable' or perhaps over the fact that she is not 'enjoying the real property belonging to the corporation' but rather of that belonging to you. I don't expect that argument is going to get anywhere unless it comes on letterhead from your lawyer.


Title: Car loan troubles... CT

Question:
Hi all, I am in Connecticut and have a question about lemon laws/car loans. Here's the skinny:

I purchased a car on 9/20/18for $9000 with a car loan for 7000. It "passed a safety inspection" according to dealer. About 2 weeks later, I begin to smell gasoline inside the cab. Now this smell is STRONG. Like I've poured a gallon out onto the carpet. So, having been a smart shopper, I had purchased an extended after market warranty along with the car. I called the dealer to make a service appointment. They tell me it will be 2 weeks to a month before they can look at the car. But I'm welcome to drop it off. I check my warranty contract; I can take the car anywhere, so fine. I take it to a shop to be looked at. My car is leaking gasoline onto the hot exhaust, causing the smell. I'm told under no circumstances is it safe to drive this car. Also, this is not covered under my warranty. Ok, great. I call the dealership and essentially said please either A) take this lemon back, give me some of my deposit back, let me out of my loan, and sell it to someone else, or B) fix it on your dime.

They came an towed the car back to their service center about 3 days ago. I have been calling, and I am getting the run around from them. The manager is ALWAYS "in a meeting", no one else seems to know anything! Sometime I call and "oh yeah, it's almost done, should be ready later" sometimes, oh we don't have that car here, other times it's the manager is in a meeting, he's gonna call you right back. I would just go up there, but they have my car! I can't walk there, it's 3 towns over.

What are my options?

Answer:
 Lemon laws apply to new car purchases.

Did your buy car as is? Check the papers you signed when you purchased it.


Title: Ex-GF is holding my pets and hookah at her apartment in Mansfield, TX and not willing to return them while EX-BF is threatening my pets and myself.

Question: I am in the stupidest situation. So I was with a girl and my cats are at her apartment in Mansfield, TX and shes not willing to return them to me at all and claiming them as hers. She went back to her ex boyfriend and her ex is the one I am wanting to take action against because he's made threats via twitter towards my cats and has also made threats towards me and I have screenshots of him saying said threats. I also have a feeling my animals are being neglected at her apartment as she isn't there and could be depriving them of food and water. These individuals are sick and that ex boyfriend has a criminal record in Arlington, TX and Mansfield, TX I think. He's a troublemaker and what he's saying against me and my pets isn't going to help his case. I have tried to get my pets civilly but now I am looking to take legal action. I have my adoption papers for my cats and everything to prove they are mine. He's made clear threats towards me and my cats. Really looking to get this ball rolling and retrieve my poor pets.

Answer:
 Have you tried contacting the police to see if they would be willing to escort you over there to collect your things? Legally your ex doesn't have to permit you or the officer into the apartment, but it can help defuse the situation.Answer #2: The police can escort you to her apartment to pick up the cats and any other personal belongings that you have there.

Regarding the ex-boyfriend's threats, make a police report and give the cops copies of the texts or e-mails. Inform them that you would like to press charges.  Ultimately this (whether charges are filed) is up to the DA, but at least this way you have a report on file.


Title: How to Itemize/Provide Proof of Damages in an EEO Case? Live in CO, Employed by US Fed Govt (Labor Law)

Question:
**Some simple background information about the case:** I was discriminated against through acts of reprisal/retaliation by my employer. This happened once 16 months ago, then again 9 months ago. Both incidents are covered under the same case and resolve at the same time. There have been other attempts (note: plural) made against me, but I went through great means to resolve them in other manners since I learned reporting it to the EEO would result in extending the duration of the case (to me, it appears my management takes advantage of this practice).

**Important information:** First, I am representing myself and have been from the start. Secondly, at this time, the EEO formal investigation is done and I have submit for an agency decision. This allows the agency to review documents and decide if they agree that discrimination occurred or if they disagree. I don't see how they will justify it (documents clearly outline discrimination), but they sure don't seem to care about me so they may just disagree to make me go through the Federal District Court Hearing for appeals (which can take a while). Lastly, the "defendant" for the first incident is no longer employed with my employer.

**Why haven't I left?** The most important reason is always that *I shouldn't have to be forced out when I'm not in the wrong*. Additionally, the hours and pay were too great for me while in college. Now I'm just looking for a job to move to where I can make use of my degree.

**So how to itemize damages, in the event this resolves in my favor?** I'm mainly talking the mental and emotional damages that have been incurred from the actions themselves in addition to the fact I work in a hostile environment. I'm told visits to the psychologist would have been very useful for that, but I have reasons from my childhood on why I don't trust or like anyone in the field of psychology/psychiatry (10+ years of abuse by the system). Since social and romantic relationships were damaged/ruined due to the effects from everything I've taken on, I really hope they can't just walk away because I was too afraid to see a "professional". School work was effected, including negative hits to my GPA. The hits to my GPA have made me very slightly disqualified for some positions I wanted to apply for. Obviously I'll never receive a promotion with my employer. As mentioned above, my work environment has proven hostile. Since I have been doing the work that a lawyer would do to defend me, is that billable at the rate of an average attorney?

Any advice would be helpful. If more information is needed, I'll be around throughout the day and later in the night to reply to comments/PMs.

**EDIT:** The first act of reprisal taken against me was an unlawful investigation my employer opened against me. Their initial reason for it isn't supported by policy, directive or law. Their intention, by the depth of their investigation, was definitely to terminate me. The second act of reprisal was disciplining me for the actions of another coworker of mine, and this person's interaction with a third coworker.
Topic:
Labor Law

Answer:
 Are these two actions what constitue your initial EEO claim? Or you had an initial claim, and these two actions were taken to "pay you back" for making the initial claim? Because that is what reprisal is. If there was no report before this, it isn't reprisal.

That's not to say that the actions weren't discriminatory (although you haven't given any facts that suggest they were), just that it wouldn't be retaliation.

As for damages, you definitely aren't entitled to anything for the time spent "doing the work of a lawyer". You need to give a specific action the agency can take or a specific dollar value. You don't file a claim for hurt feelings. You file a claim because a bad evaluation was entered, so you want the agency to remove it. Or you were most qualified for the promotion, but the discrimination made it go to someone else and you lost $x in pay, so you want the promotion and back pay. What did the discrimination do to put you in a worse position? Bad GPA and hurt feelings aren't things the agency will take action on.


Title: Me [18M] planning on moving to San Francisco, CA with my gf [17F] found a place, payed deposit and first month, and now the landlord is asking for more, we contacted them, no response.

Question:
Me [18M] and my gf [17F] were planning on moving for college to San Francisco, CA. We finally found a studio that was a really good deal, $1350 unfurnished and $1800 security deposit and after talking to the manager of the apartment through email, they sent us the lease signed by the manager and the landlord. We signed the lease and sent them the security deposit. Our lease is supposed to start in August 3rd. Now they email us that the past tenant, brought in her cousin and that the landlord is considering refunding us, and giving it to the cousin, unless we pay 3 months of rent, like the cousin is willing to do. We’ve email the manager, and called, we haven’t gotten a response. I don’t know what to do, or how to deal with this. Is this even legal of their part?
Topic:
Landlord Tenant Housing

Answer:
 I would not give them any more money until you meet the landlord and see the apartment in person. I’m not convinced this isn’t a scam.

Out of curiosity, by what method did you pay the initial security deposit?Answer #2: You have a signed lease? Then you have an apartment. If the LL doesn't give you that one, they're obligated to provide you equivalent accommodations, or you can sue them for breach of contract (and possibly for damages you incur from that breach).

Email the LL with a copy of the lease and inform them that you expect them to stand by the terms of the contract they signed, and let them know you will be there bright and early on August 3rd for the walkthrough. Answer #3: You haven't seen the landlord or the apartment in person?
How did you find the apartment? If it was through Craigslist or something that isn't a reputable real estate listing site then there is a distinct possibility this is a scam.
Give the landlord a phone call and look up the address of the apartment to see if it is really for rent from the same people.


Title: (California) My sister recently brought back her POS baby daddy (again) whom I wish to not live with. She has had restraining orders against him. (He is on the lease) Is there anything I can do to stop him from being back here?

Question: Yeah, he steals from me, from her. He starts random fights with me, with my sister and she is being shady by trying to sneak him back in. Is there ANYTHING I can do legally to prevent to or to protect myself?

Answer:
 If he is on the lease she doesn't need to sneak him in he has a right to live there.

Is this a fixed term lease that you're in the middle of?


Title: Business wont refund cash purchase.

Question: [deleted]

Answer: Yay something simple that I, NAL, can answer. Take his butt to small claims


Title: [CO] Health insurance issue: new baby and income

Question:
Hoping for some guidance here.

We bought our health care through Colorado’s marketplace. We recently had a baby and the day prior I called to have him added to our insurance just like I did with the first one.

Only this time, it kicked both kids off to CHP+ (Medicaid essentially) which we don’t actually qualify for. We went in and updated our income but now Cigna is telling us we have to talk to the marketplace about it and the marketplace is telling us we don’t have a choice because our income wasn’t updated prior to making the phone call.

Any ideas of how we should/can handle this? We just want both kids in the insurance we’re paying for and don’t want to get screwed regarding the costs of the new baby post delivery.

Answer: So there's a few odd things about your story.  Generally, you can't add a child to health insurance before it is born.  That is why you have a 30-day window after they're born to do so.  Also, CHIP is not Medicaid.  It has higher income qualifications (among many other differences) so with your increased family size you may actually qualify now.  You need to call the state agency in charge of CHIP--it won't be through the marketplace, they just do what is basically a referral to the state program.  Talk to them.  Make sure that you were actually enrolled in CHIP and not just referred to CHIP--usually enrollment in CHIP or Medicaid requires a separate application, not through the marketplace but directly through the state.  If you were actually enrolled, ask them to review your income and family size and verify qualification, and follow their instructions if you do not.  Do this ASAP so you don't miss the 30 day window to enroll your child on your health insurance.Answer #2: I would post in /r/insurance if you have not


Title: Can my school remotely install a monitoring program?

Question:
Recently I moved to a new school, and in their IT Acceptable Use policy it listed (from memory):

> You give agree to allow the ICT team to remotely install programs, control your computer and execute commands regardless of the network you're on, and understand that this software may send information back to the team which includes: web activity, emails, IM and other messages, periodic screenshots, key inputs. This information may be stored for as long as is deemed necessary.

I assumed that it was just a 'threat', however on connecting to the network I noticed a large number of requests attempting to install software remotely. Being technically inclined my computer was secure enough that nothing could be installed, however I decided to let one in, then quarantine it and analyze what it was collecting/sending:

**Collecting:**

* All keyboard input (including password input)
* All mouse clicks
* Cookies from Firefox, Chrome and Safari
* Web history from Firefox, Chrome and Safari
* Modifications to the users home directory

All of this information was sent to a remote server over HTTP, so totally insecure.

To me, while technically allowed by their Acceptable Use policy, I can't believe that what they're doing is legal. Any information? At the moment I'm storing everything in the cloud (Google Drive for Business, £75 a year for unlimited storage. Google are welcome to all my money and data), and at school I'm using a Ubuntu Live USB (so every time I turn on my computer it's like it's fresh out the box).

Location: England
Topic:
Computer and Internet

Answer:
 University or High School?

Public or private?

Who owns the computer?

Are you on the school network?


Title: Houston, TX. Ex will not give back the things I left at his house unless I meet with him one on one.

Question:
I dated a mistake who turned out to be crazy and lack boundaries. I broke up with him today and he is insisting I see him one on one or he won't give back the things I left at his house. Should I have an officer escort me to get my things back or what do I do about this? Should I look into a restraining order? How effective would that be?

Edit: I live in Houston, TX

Answer:
 > Should I have an officer escort me to get my things back or what do I do about this?

Sure, you can ask.  Or take a friend.

>  Should I look into a restraining order?

For what?  All he's done so far(according to your post) is demand to give you your stuff in person.  That's not a reason to get a restraining order.


Title: [California] I got a massage a couple days ago, was given a "happy ending" I initially agreed but I just wanted it to stop after 3 minutes.

Question:
So here I am, hard working 19 year old. I have a lovely girlfriend and my legs and back are just fucking killing me.

So I go into this massage parlor right next to my place. Walk in, two Asian ladies are talking, one of them comes to me and gestures for me to follow her into a room.

She spoke in very broken English but I got what she was saying. $40 for a 30 minute massage is what I paid for, with my debit card. Then she told me to take off all my clothes.

I layer face down and she turned off the lights and began massaging me. Felt great. I also had a bit of a boner, not full, a semi, but I read that it is normal so I ignored it. Eventually I flipped over.

I should have said no when she did a jack off gesture to me but I didn't I laughed and said, "sure" with me being stupid and aroused. I didn't fucking think.

She started to rub my little guy. I did say stop when she started to rub my nipple too but she kept going. I think she thought I meant to stop rubbing my nipple.

I never came, she just stopped and eventually told me to get dressed while she left the room. She came back with another receipt and asked for my card again. To pay her for her secondary service. I obliged because I didn't want to deal with her and whomever else if I said "No"

Signed a receipt, she said something about me coming back tomorrow to which i just kept agreeing to, trying to get the fuck out. I made a stupid mistake and I want to know if there's anything I can do.

I feel like what is happening there is illegal and it would make me feel like less of a shit if I could report this somehow, preferably without turning my dumbass in.

TL;DR Had a regretful experience at a massage parlor. Midway through I stopped wanting it but she kept going. Want to report without getting arrested or something.

Answer: Do you have a question, or are you just practicing for your eventual Penthouse Forum submission?


Title: Company has been paying our vacation at a reduced rnte for years and says they have no intention of back payments.i

Question: I work for a company that pays us off of a production bonus. Your PTO is calculated using the average of last year's bonus. It was found out this week that th calculations we're done incorrectly which resulted in about $2-$3 less per hour. When asked about it they recognized it as an honest mistake and said they would adjust it to the proper amount immediately but that there was no intention of back payments before September. Is this in their rights?

Answer: You could sue them. You won't be able to file a wage complaint because vacation time isn't required in SC in the first place.


Title: [TX] Unauthorized use of health insurance by a school district.

Question:
My daughter is a senior in special education in a Texas school district.

Although she has Medicaid (she's on SSI), we use my husband's work insurance mainly with Medicaid as a secondary policy.  For reasons I won't get into (mainly because the school doesn't have adequate safeguards on data), the school does not have her social security number or her Medicaid ID.  They were given our health insurance information only in conjunction with a field trip permission form; no other authorized use was assigned or agreed to.

Yesterday when reconciling some claims, I noticed some odd entries on my daughter's account.  Investigating further, I discovered a number of claims (over $2K total) from "Health Services Provider."  After a few calls to the health insurance company, state Medicaid, and even law enforcement, it was determined that her Medicaid insurance was never used (thus not compromised), but someone was putting charges on the health insurance account under the name of "Texas Medicaid".  After further review, it was determined that these originated from the school district.

First, we did not provide or authorize the school district to charge Medicaid or our insurance for any services.  (The reason is that they denied services, illegally, in the past and as such, we feel that the money they 'saved' is more than sufficient.)  The school cannot figure out what happened or where they got the information or how their 3rd party got the data or authorized anything.  It smells like bullshit to me.

My concern is several:
1) Lack of proper control of data.
2) Charging accounts/policies without proper authorization or notification.
3) Lack of a paper trail knowing who did what with what data.
4) Did they get the data from my daughter?  What if her social security information is compromised?

Is this lawyer up time?

Answer:
 >but someone was putting charges on the health insurance account under the name of "Texas Medicaid"

What do you mean by "Charges"? Did they submit claims to the primary insurer? What "account" - your family's account with the primary insurer? Or with the school? And what do you mean by charges - are they asking you to pay these charges, or are the claims to medicaid or the insurer? Apologies but I'm not sure what this actually means or what you think the school district did or to whom they did it.Answer #2: Is it possible that your daughter has been seeking health care without your knowledge?Answer #3: You might try /r/insurance to get their take.Answer #4: Is it the school itself, getting reimbursed for some IEP services?  I used to work in a school that billed Medicaid for ST/PT/OT services.  We had to get permission, though.Answer #5: If your daughter's school (directly or indirectly) provided medial care to your daughter, you are liable for the cost of said care. If you have insurance, and the specific services are covered, it would be up to your insurance to pay for said services. Payments made by the insurance company are not "authorized" by the insured. Answer #6: Does she receive any therapy? Speech, OT, or PT?


Title: [OH] I just sent some person who has an email address close to mine my Tax Return and Bank Statment docs. How do I protect myself and my family?

Question:
We are currently in the process of buying a home, the lender sent an email requesting more information to close out the loan to complete the purchase.

I retrieve the information and send it over right away. After sending I immediately notice that I sent the information to the wrong person. I intended to send it to my email address for my own copy.

My tax return information has my entire filing for 2015, my ssn, my kids and fiance's ssn, everything.

What do I need to do to ensure nothing happens to me or my family?

Edit: They emailed me on my work email, and I was trying to send a copy of what I sent them to my personal email. But entered the wrong email address.

Answer:
 Did the person reply?

You could put a freeze on your credit. Most people are honest and don't want to go to prison so likely nothing will come of it.


Title: Private car owner refuses to sell to non-whites

Question:
In California, USA. My friend had this experience today with a private seller. We have screenshots of a private message exchange between the seller and my friend where the car owner explicitly states that they will only sell the car to a white person, as well as saying that other races have dirty hands.

Is there a civil case to pursue here? I can provide screenshots of the exchange (names and phone numbers blocked out, of course) if it’s relevant.

Answer:
 A private seller is permitted to do this, as ignorant as it might be. It is the civil liberty of the seller to refuse to sell to someone based on whatever stupid logic they follow.

A public dealership can not discriminate in this way, since there are laws against doing so. But they do not extend to individuals in the same manner. Answer #2: If it's a private sale that doesn't involve any car dealership, then it's probably legal.  Federal & state anti-discrimination laws don't apply to individual interactions like that.  Private party car sales have almost no rules short of "Don't commit fraud"


Title: [Connecticut] Why is suicide illegal?

Question: Illegal in the sense that the state can legally sell you to a private business to prevent you from doing it, not in a criminal sense. Why is this?

Answer:
 "Legally sell?"

Um.  No.

The overwhelming number of decisions to attempt suicide are not committed as the result of rational deliberation.  Society has an interest in preventing it.

You misunderstand what "illegal" means.


Title: Is my landlord able to dictate what kind of shower head I use? She says mine is "wasting" the water that is included in my rent and she'll be coming in tomorrow to make sure I've removed it. [Wisconsin, USA]

Question: I live in an older apartment complex and I've been having issues with my tub/shower. First, one day after taking a shower, there was a knock on the door. Two maintenance guys came in and said there was some water leaking into the basement coming from my bathroom. They said it wasn't a big deal and would only take a few minutes for them to replace a part. While they were in my bathroom they made a comment laughing about the shower head saying they had never seen one that big. It's a large shower head on an adjustable arm so that it I can get it up higher since I'm a tall guy and because I'm not a fan of the small brass one they had on there. Showering yesterday, there was a knock on the bathroom door and it was my roommate saying maintenance was there and needed me to hurry so they could have another look and see why it was still leaking. (To be honest I think the cracks in the tile and grout are allowing the water to get behind and run down). This time it was one of the same guys and he seemed unhappy with me and suggested I was showering wrong. He asked me if I was leaving the shower curtain open or outside the tub or something like that. He commented that there was water everywhere including the floor and I must be doing something wrong. I assured him that I was showering normally and that the moisture on the walls and tile floor was from the condensation (the water has a tendency to suddenly turn EXTREMELY hot at which time I step out of the water [but not the tub] and wait for it to go back to normal - this produces a LOT of steam and everything in the tiny bathroom collects condensation) He didn't make any changes to anything, said nothing about the shower head, and left. Today, when I got out of the shower, there was a slip under the door from the landlord saying she would be entering the apartment in 24 hours (the minimum about of warning). The note read "The large shower head in the hall bath must go. I will be in to see that it is removed. You are wasting water". Water is included in my rent. How can she claim I'm using too much when there is nothing in the lease saying how much is allowed? And can she dictate what shower head I choose to use? Especially when I have to squat down to get under any normal one because it comes out of the wall so low.

Answer: Your landlord is probably misinformed about how shower heads work.  The size of the head has nothing to do with the amount of water it uses.  It will usually say the GPM rate on the head.  If its an issue you can put in a water restricter, but if the GPM number for the original head and the one you replaced it with is the same, you're not using any more water.


Title: [UK] got fired, and it doesn't make sense

Question:
Hi, I'm going to try to make it short as possible.
I've worked at the company through an agency.
Last week i got in a heated argument with a co-worker (it's a girl, but she identifies herself as a boy, let's call it T). Because I've had similar events in my past (my jaw got broken couple years ago), during this argument I've put my hand on that person (between the shoulder and neck), i didn't pushed, I didn't forced, as a defense mechanism, making sure the person doesn't try and hit me. Monday, i got a call from the agency manager, let's call him Bob. Bob called me, letting me know I shouldn't go to work Monday, as an investigation has started, prior to previous week events (happened Wednesday last week). Today Bob called me and told me that i got fired,, because of the coworkers statements and photo/photos with the bruises on the T's neck.
I know i left out some, but you could ask  me

To mention :
1I've chatted with a former co-worker during the night, she said that nobody gave a statement during work hours(so they might not exist). I've called Bob today and asked if i can see these so alleged statements and photos. He said that he can't show me the photos, but he waits from a response from HR in order to send me the statements.
2. In the company, there's a warehouse and office. When i came for the interview (in May this year) , I've applied for the warehouse post (i got hemoroids and it really hurts my ass staying on a chair for hours daily) . They've said they don't have an opening anymore, but, i could work in the office till there's an opening. There was an opening in the warehouse last month, but the office manager didn't let me go, didn't got the '' ok'' for me to go,coz she needed people in the office.
3. If there's a photo or more, does it counts as evidence if they were made at home, i mean, some people don't like me in the office and they could've easily lied in their statements if any. But that' 'photo' ' thing really bugs me. What stops me to make a scratch and take a photo and say I got it from her/him?
I moved to London in March, I'm from a different country. I don't know how the law and such work around here

UK, London

Help?

Answer:
 UK person here, and like has already been said- you got into a physical altercation and they are well within their rights to fire you. You absolutely should not have put your hands on them regardless of whether you were concerned they would hit you or not. If you felt threatened then you should have walked away and spoke to the manager/someone in charge. Furthermore, the language you are using (using "it" or "she" instead of "he/him" for an individual you know to be a trans man) is transphobic which in itself is also a perfectly legal reason to fire someone. You don't work for that company, you are an agency worker, they don't even need a reason to fire you, see the following: "If you’re an agency worker you don’t have the right to: claim unfair dismissal if you’re sacked without notice or good cause"Answer #2: No, it makes sense. You assaulted and misgendered a trans coworker. You're a piece of shit. End of.Answer #3: Can't speak for the UK, but in the US you described nothing abnormal about the situation.

You got into a physical altercation with another employee and they fired you. Makes perfect sense to me. Doesn't matter that the facts may have got garbled.

In the US, you can fired for literally any reason, or no reason at all short of a protected class.


Title: Friend found an earring in our brand new jar of Nutella and bit into it. Potential Nutella Lawsuit? Do I have grounds for action and, if so, how should I start the process?

Question: [deleted]

Answer: Yes, you are being ridiculous. Getting a foreign object in your food is not akin to buying a winning lottery ticket. You can sue for your actual damages. From your description above, it sounds like your damages are equal to the cost of one jar of Nutella, and nothing more.


Title: [California] Can you really win a lawsuit against a doctor for unnecessary procedures?

Question:
Throwaway, location in Alameda County, CA.

I remember an episode of House where House was annoyed with a patient and made him have his temperature taken rectally, the patient sued and won/forced the hospital to settle. Does it usually go like that in real life?

To try and make a long story short, my SO and I went to the ER for him last night because he was in a lot of pain (we're fairly certain from complications arising from a colonoscopy he had a month ago, he's not felt right ever since) and his bowel movements looked akin to a crime scene in the toilet.

The doctor was fairly dismissive, especially upon learning my SO had an appointment Monday with this GI doctor. He was VERY condescending and essentially made us feel shitty for coming when we had an appointment Monday anyway. He treated my SO like he just wanted drugs.

My SO is allergic to CT scan dye, but has had alternative methods used in the past, including taking some meds beforehand to counteract his mild allergic reaction or just drinking the Barium cocktail before the CT. This doctor, upon finding out his mild allergy, ordered that the CT be performed with the rectal method.

We firmly believe that the doctor was just retaliating and was annoyed that we even showed up in the ER that night, so he ordered a painful and humiliating method of getting the CT as a deterrent--we've all heard stories of doctors doing that in the past. We witnessed him being an asshole to his staff that night as well.

Miraculously once the bloodwork he ordered turned up clean, he was suddenly more polite to us and asked us to not blow off the appointment Monday even though the CT came back clear tonight.

Do we have a winnable case if we were to try and take action against this doctor? Shoving an anal probe that is deep and inflated up my SO's rectum was very painful for him and made the situation worse, plus my SO felt violated. There were other options available to the doctor and we feel that he chose the most painful one on purpose as a deterrent. Is it not worth going past making a formal complaint to the hospital's HR department?

What can we do here? Thanks in advance!

Answer:
 But it wasn't unnecessary at all, he came in bleeding out of his rear and said he was allergic to the dye, they can't just leave him to bleed out into his bowels and if the doctor isn't familiar with his file they aren't going to wing it on something he's allergic to and risk sending him into anaphylactic shock. Just because other techniques have worked in the past doesn't mean that is what would be done at a given point in the future.
  Answer #2: No.

You came in with a problem and the doctor performed a treatment that is, from your description in the post,  acceptable for the condition your SO was in.

> Shoving an anal probe that is deep and inflated up my SO's rectum was very painful for him and made the situation worse, plus my SO felt violated.

It was a medical treatment your SO decided to do. I find it difficult to believe there is any malpractice here. Not all medical treatments are pleasant.

You have a weak case at most and no malpractice attorney would take it. Either go to a different emergency room or wait until monday for your appointment.

Answer #3: How you 'feel' isn't going to win a case. He chose a valid diagnostic method.