Title: California - The store I work at makes employees pay back bad checks if they accept them, among other things. Is this legal?

Question:
I work for a small grocery store that also cashes checks. I was offered a position (promotion of sorts) to also work in the check cashing office. I have heard from both co-workers and the boss that if you cash a check and it bounces or is fraudulent, then you have to pay it back out of your own pocket or make payments on it. I'm unsure if this is legal or not, it sounds iffy to me. It makes me paranoid about cashing anyone's check because there are some good looking fakes out there.

Other than the main problem, our store is also known for physically assaulting store thieves. There is a "wall of shame" with pictures of thieves after they have been forced into the back office. This all feels off to me and I'm not sure how comfortable I am with it.

To top it all off, a co-worker of mine has been giving me unwanted attention such as telling me that he loves me and trying to rub my shoulders and saying things like "don't worry, the camera cannot see at this angle". I tell this person to knock it off but it still persists. I'm sick about all of it but I am worried and I don't want to lose my job before I find a new one. They are notorious about keeping bad workers forever because they won't fire so they don't have to give unemployment.

Sorry for all the questions. Not sure what to do here, if anything. Thank you for your help. :)

Answer:
 Your instincts are right, that's a sketch workplace. Whether it is illegal or not with old from your paycheck almost doesn't even matter, since they can fire you for another reason if you cause trouble.Answer #2: I would never accept a check as payment then. Answer #3: IANAL. Federal Minimum wage laws dictate that deductions cannot reduce your pay below minimum wage. In California it is generally not legal. However, employers may be permitted to charge employees if the mistake was the result of dishonesty or gross negligence, or if the incident was intentional.

Gross negligence is described as a conscious and voluntary disregard  for the need to use reasonable care. Whereas negligence is simply the failure to exercise reasonable care.

What your co-worker is doing is harassment in the eyes of the law and you cannot be terminated for filing a complaint.

If I were you, I would contact the Division of Labor Standards Enforcement, for both cases. An employer cannot terminate you for filing complaints. And if you cross your T's and dot your I's they would be hard-pressed to find a legal reason to terminate you.

EDIT: IANAL


Title: Tioga County, Pennsylvania - I got charged with an M3 Harassment. DA refused to drop the charge and I agreed to plead guilty because I was told it wasn't a court of records so no admission on job applications. The job I just applied to saw it and thinks I lied to them. What can I do?

Question: I was seeing this girl and she was kind of freaky and we would post risque photos online. Someone who knew her emailed them to her mom and her mom lost her shit and the girl threw me under the bus and stuck to her story that she didn't agree to it. My lawyer said it was a bunch of crap and figured the charge would get dropped but right before we were supposed to go into the court room he told me they would settle it for a $300 fine and it wouldn't show up on public record if I plead guilty. Now I lived a bit away so it was a 1H10M drive just to get TO the court, on top of working a job that has an extremely unforgiving attendance policy, on top of not really being able to afford a lawyer to being with. I reluctantly agreed and even asked the judge, in front of my lawyer, if this charge would not have to be listed on any job application. They both told me it wouldn't appear as I had never even had as much as a speeding ticket so it's the most 1st offence you could ever get. So imagine my surprise when the job calls me back to inquire about this harassment charge and why I never mentioned it to them. What can I do? I tried calling the law office but they close at 4PM, same as the court.

Answer: Even if you plead down, the record of your arrest/charge still exists.


Title: Could a convicted criminal live on a yacht off the coast of the USA in international waters?

Question:
So I just recently watched a movie where in the end credits scene it shows that the bad guy, a convicted criminal, has escaped prison and is living the high life on a massive yacht.

I'm just curious is that actually possible? Could a billionaire who has one of those massive mega yachts do that?

How far can the US government go to get you in the ocean? What rights do you have in international waters? I've heard of cruise ships that launch from US ports then sail to international waters and then you can gamble on the cruise ship.

Answer:
 You're under the laws of whatever nation your boat is registered with. That's why those gambling ships are registered in the Bahamas or whatever.

So, in theory, if you were on a boat registered in the US, the marshals can come get you just like they would anywhere else. If you were on a boat registered in a country with whom we have extradition, same thing.


Title: Someone please help my Mom!!! This is a nightmare! (IA)

Question:
I am looking for any advice that can help my mom. She's not getting much useful from her current attorney and this has gotten desperate. Here is a link to the short version of this:http://www.reddit.com/r/legaladvice/comments/33jjdk/someone_please_help_my_mom_any_advice_short/

I am writing this in regards to my mom. I can’t name her because I am afraid of creating a legal backlash that will only make her situation worse. She needs help. A couple of years ago, a conflict began to arise between her and some of her neighbors. The conflict spilled over into the community activities and crossed into the realm of illegal activity from these individuals. Theft, harassment, and even threats with weapons were carried out against my mom. The last 2 years have been a nightmare. And the police have, until now, wanted nothing to do with it. Cash was stolen from the HoA and never accounted for. A number of items were stolen from a house nearby that my mom was overseeing for a landlord that lived in another state. A man, very drunk one evening, threatened my mom with a modified gun (a gun stamped “black powder only” that he had purchased and then had modified to a revolver and never registered).

And in all this the police have done nothing. For the thefts, she was told it was a civil matter. Apparently where she lives, breaking into a locked building and a safe is civil rather than criminal. When she reported the weapon threat, which a nearby neighbor had witnessed, police did not go and talk to the man. They did not go and arrest him. They sent him a summons in the mail. The case, as it were, went to a local magistrate who listened to her describing the weapon in perfect detail, as well as quoting the man on the threats he had made. She left, and was later notified by counsel that the magistrate had thrown the case out on the grounds that she was “not a credible witness”. At that point, my mom had never had a negative interaction with the law. She had never been arrested nor had anything more substantial than a traffic ticket. And she was given no explanation as to what it was the judge thought made her not credible. In a variety of previous incidents, she was told the county did not want to prosecute because they didn’t want or have the money to spend on the litigation.

Trespassing has been a continuing issue my mom has had to deal with on her property by these people. The constant threats and harassment have had a severe impact on her already declining health. Having had two heart attacks, a number of stints put in, being under fear of a stroke, and being on a number of medications for her heart and her diabetes, all of this is placing so much strain on her. And I know some people are going to suggest she sell her property and just move, but that’s crap. She’s at an age where starting over is not really an option, and she should not be forced off her land by bullies and criminals. Law enforcement vows to protect and serve, and she is not getting that.

Now, due to some of the actions that have been ongoing, there is a civil suit in the process. She saw that as her only option against these people, and at this point, she is looking at a need to sue the sheriff’s department to try to redress their role in all this. But since filing the lawsuit against these people in her community, things have only gotten worse. The harassment has gotten more intense.

The most recent incident of this was a few weeks ago. Now, my mom lives in a rural area in a state where buying a handgun requires a permit, but no permit is required for a long barrel gun like a rifle or shotgun. Due to nuisance wildlife in the area (gophers, and rats, and such) she carries a CO2 pistol anytime she goes outside on her property. According to the laws, a dangerous weapon is one that fires a round via an explosive charge, which a CO2 pistol does not. For that reason, buying one does not require a permit. Furthermore, the state’s constitution allows people to defend their property, but the state has duty to retreat laws that say when faced with a situation in which a person may use lethal force or may flee, the person has the duty to flee. If fleeing is impossible, then of course they can use lethal force. A CO2 pistol is not capable of delivering lethal force except by discharging it at point blank range in someone’s eye, and even then the resulting injury may not be lethal. So the duty to retreat laws would not even apply to it. In this particular state, a permit is required to carry a weapon in the city, either concealed or open carry, but not in rural areas. Also, the law states that a person may carry a weapon on their own property without a permit.

So here is what has happened that has made this situation desperate. My mom was at home working. She heard a chainsaw start up and at first didn’t think anything of it because it sounded like someone was simply trimming some small limbs nearby. She had left the house for something and upon traveling back to her house, she saw a truck for a tree trimming service and a vehicle belonging to one of the people who has been seriously harassing her parked in an empty lot behind her property (the top area of her property is wooded so she couldn’t see that from the house). She stopped the tree service truck and asked them what they were doing. They said they were trimming trees along the easement for the preservation of the power lines. Then he let slip there was a large dead tree back there they were also trimming. He stated he had been told the easement was 10 feet, but that was inaccurate. The easement is only 5 feet, and the tree was well away from that. She told them it was fine to cut it only if the tree was dead. Feeling uneasy about what was going on, she got on her riding mower (she can’t climb the hill in her health) and went up into the wooded area on her property to ensure that they were in fact on the easement. When she got there, she found the tree service was in the process of cutting down a live tree on her property. It was budding out, it was well away from the easement, and it was not anywhere near tall enough to be a danger to the power lines. And along with the tree service men was one of the neighbors that had been seriously harassing her and that she had told to stay off her property before when she had caught him trespassing. She told him to get off her land and they were not going to cut down that live tree. He refused. She reached into her jacket to pull out her cell phone to call police. In the process the CO2 pistol came loose and was about to fall so she took it out and set in on the mower so she could make the call. She stated that at first the men did not even see it. It wasn’t until the guy in the tree looked down and saw it on the mower that he told the others she had a gun and they left her property.

On the phone with 911, she told the operator what was going on and when asked about more details she said she did have the CO2 pistol with her and was told to put it away before officers arrived, which she did. When the Sheriff Deputy arrived, he stopped first and talked to the tree service and the trespassing neighbor. My mom watched the whole thing play out. They said she had a gun that she had taken out. The officer started asking them how she had taken the gun out…and specifically the officer asked them if she had just taken it out and set it down, or if she had taken it out and slammed it down and made a threatening gesture. The trespassers took the opportunity the officer had presented them with and they said that she had taken it out and slammed it down threateningly. He then told them to fill out statements for him. The officer then turned his attention to her. She told the officer he needed to come up there to see what they had been doing to her property. The officer refused, demanding she come down off the hill. She got on her riding mower and came down to talk to him. She told him what had been going on. He asked her about the gun and she informed him that it was a CO2 pistol and she had tossed it down the hill (which was grown up with tall grasses) when the 911 operator told her to put it away before officers arrived. She provided him the two clips with BBs that she had for the gun. He spent a while searching for the gun but did not find it. He did not ask her to fill out a statement. Instead, he placed her under arrest for some very minor charge. I don’t remember what it was she told me he said at first. When she got into the car, she asked him if he was going to allow them to return to her property to finish damaging the trees on her property, and he said yes, they would be allowed to finish. She said nothing else to him. She had not been Mirandized at this point. About halfway back to the station, which she noted the officer was taking the scenic route instead of the most direct, the officer changed his mind and told her he was going to charge her with assault. He made a phone call to run that by the DA. He was called back as they got to the station. When he took her out of the car, he told her he was placing her under arrest for aggravated assault and then proceeded to read her Miranda Rights to her.
My mom has a lot of medication she HAS to take. The officer had not even allowed her to get her purse with her required medications. They took the longest possible time booking her. She was allowed a phone call to her attorney who arranged her bail, but because she was not allowed to bring her purse, she did not have the $200 on hand. She called another friend who brought that down. She was told later by that friend that they had made him wait over an hour to post the bail after she was already processed. He took her home and she went up to survey the damage. The tree service had cut down two trees and then left them up there in a mess. Now she will have to pay another service to come out and clean it up which will easily cost over $1000. She took pictures to show that the tree was not dead and to show its placement on her property. The cop had told her that the service was cutting other trees, but the only other trees cut were on the personal property of the person who had been trespassing on her property. He was getting personal work on his property done with HoA funds. Other neighbors visited her over the next few days and told her the only trees cut “along the easement” were the ones on her property. No one else had been visited by the tree service at all. The day after her arrest, she found her mug shot taped up to the community mailbox. Her arrest record was not even available on the Sheriff’s department website at that point, and that county does not sell mug shots to online criminal record search sites. Someone went to the Sheriff’s department and directly got a copy of that. This continues for several days.

My mom’s attorney, who has been handling her civil case, did not even let her tell her side of the story. Now he wants $3000 just to represent her, and he is telling her to seek a plea deal and she will probably still do time. The judge told her that the charge carries a max penalty of 2 years in jail and a fine of $6500. This is the judge that will be on the trial, and as my mom put it, he seems to want to make an example out of her but giving her the maximum sentence.

Now remember everything I said about the laws concerning guns. Her CO2 pistol does not fit the qualifications of a dangerous weapon (it fires a projectile via a release of compressed gas, not an explosive charge such as black powder), nor does it require her to have a permit to possess it, and even if it did, she in on her property and is protected by the law (supposedly) in being able to carry it on her property without a permit. She is being charged with a class C misdemeanor crime based on the (again supposed) perceptions of the alleged “victims” who were lead in their statements by the responding officer. My mom’s statements on what happened do not even appear in the police report. In fact, there is a statement in the reports from a person who was not even present for the event!

My mom is absolutely terrified. I can’t take much more of listening to her in tears on the phone. She is convinced that if she is sentenced to 2 years in jail, it is a death sentence with her health. She is currently in cardiac rehab and has been doing well, but this could undo all of that. And even if she survives…then what? She is still making payments on her home. She also has a car payment and a tractor payment every month. While she has a decent job that she has worked her way up in, she isn’t sitting on the money necessary to pay those off. She has perhaps enough in her 401K to pay off her house, but then what happens when she retires? With her health, she needs that savings, and with her age, she would never make all that back by the time she needed it. She wouldn’t get anywhere close. So it’s a death sentence in two different ways to her. There are literally no good options we can see! Uprooting her life and trying to sell her place is just as bad an option honestly. She would be hard pressed to sell that land fast, and find a new place, and then there is still the criminal charges hanging over her even if she did. I’m just desperate at this point. And what’s worse, the people who should have been protecting her are involved in this harassment and persecution. It’s a small town with a good ol’ boy system. It’s pretty clear that someone has some ties with the local law enforcement, but we have no idea how to find those ties or what to do if we can! The people perpetrating the worst of the harassment where she lives both have extensive criminal records. Why would the cops and the judges not take my mom seriously when, up until now, she has never had such an issue? I realize, of course, that just because they have criminal records does not automatically mean everything they do is criminal, but this is all pretty obvious concerning what is going on and how it is impacting her. Many people have told her that if she had a man living at the house with her, that these people would leave her alone, but she is a lone independent female and apparently that is just the worst to be challenging these men on what they are doing.
Someone please help!

Answer: Paragraphs please and a TL:DR will get you better responses


Title: [WI] Friend was arrested for attempted murder when it should have been domestic violence?

Question:
My friend was arrested Friday night for attempted murder on his girlfriend.

According to him AND her public facebook post, during a fight he put his hand around her throat and pushed her against a wall then let her go and left. She did not require any medical attention. She's been posting pictures of herself without a scratch on her and laughing about the trumped up charge.

How does this classify as attempted murder? Is his 500k bail justified?

Answer:
 You weren’t there. You only know A. what your friend told you and B. what you’ve seen on social media.

Your friend needs to do two things:

1.	Hire a lawyer
2.	Stop talking to people about it


Title: How many dogs can you have in Deland, Florida?

Question: ^ pretty much the title. I know some places have laws limiting how many dogs you can have. What about Deland, FL?

Answer:
 Google says that Deland, Fla has an area of 48.4 square kilometres.

According to lovemydog.co.uk, the median length of a dog is 45cm, and the median torso circumference is 66 cm. If dogs were roughly cylindrical that'd make the median dog diameter 21 cm; they aren't, but the number of fat dogs should offset the number of tall ones so let's use it. These measurements mean a typical dog is, for packing purposes, a roughly rectangular loaf with a top-down area of 945 square centimetres; i.e., 9.45e-8 square kilometres.

48.4 divided by 9.45e-8 is 51216931.2. You can have fifty one million, two hundred sixteen thousand, nine hundred thirty-one dogs in Deland, Florida.

Answer #2: Apparently [no more than four](https://www.municode.com/library/fl/deland/codes/code_of_ordinances?nodeId=COOR_CH4ANCO_ARTIIKEAN):

>Sec. 4-7. - Number of dogs, cats and rabbits which may be kept at a residence.
>It is hereby found and declared that the keeping or maintaining of an inordinate number of mature dogs, cats, or rabbits in a city residential environment creates a health and sanitation menace due to the unabated excretion of fecal matter and urine of such animals which produces offensive odors and unsanitary conditions; consequently:

>It shall be unlawful and prohibited for any person to keep, harbor or maintain a total combination of more than four cats and/or dogs that have reached licensing age at any residence within the city.


Title: CA My boss is threatening to fire me for taking days off because of my Bipolar Disorder

Question:
As mentioned before my job has become incredibly hectic as of late due to turn over of employees, and the management here (in specific mine). For some background I started this job at the start of the year at a call center for window treatments, and I have been doing well here for a while. With the job I gained some more confidence, I felt happier and less anxious, built relationships, and I felt more control of my disorder. As time passed employees started leaving, call volume increased, and management’s mood shifted. As of the last month or two these changes occurred, with it my work load increased for something that is handled by another department plus my own. Recently I feel as if my manager started taking an issue with me specifically, she has moved my seat from my coworkers and friends to an isolated desk because of excessive talking and me falling behind on work. At first I was fine with this as I understood the logic behind it, but as time passed it dawned on me I was only behind because they were asking me to cover another department as well as my own and others were far more talkative. I had let this go as I figured I could handle it. Later my manager gave me two dress codes which I just found out from HR that what I was given a dress code on is appropriate and should not have triggered one in the first place. Once again I let this go as a minor thing and went on. But once again noticed the double standard. Within the last few weeks my schedule has been arranged to be alone, while others who are in the exact same position have been allowed to alter their schedule so they have a buddy on time away from desk. Through out my time here I have taken days off when I felt it appropriate whether it being sick, taking mental health days, or when I feel my disorder is acting out to an extreme. Due to not having sick days, I received a verbal warning, was told if I were to miss again it will affect my pay, and told that I cannot miss anymore for the next 6 months or punishment measure will be needed with potential termination. With all this going on I feel as if the progress I made has gone out the window and some days it is extremely hard to get to work.

With all the information, my work offers The Family and Medical Leave but only after a year of being at the job, is there a way to appeal this earlier. Is there a way that the Americans with Disability Act can allow me to take days off as needed with protection or allow some accommodations to assist me in this? I read online that these accommodations can be made if I meet requirements. I can get the info needed from my doctor.

Answer:
 There is no way to get FMLA protection early.

ADA accommodations must be **reasonable**. Not coming to work isn't really an accommodation, and it would fall back to FMLA anyway, which you aren't eligible for.Answer #2: You're not eligible for FMLA. You can request accommodations, but they're not required to meet them if they change the dynamic of the position as a whole. For example, if you have multiple sclerosis and a particular chair will help, they would likely allow you to purchase your own chair.

What type of accommodation would you request?Answer #3: Taking time of whenever you feel like it is not a reasonable accommodation.

FMLA or ADA protections will not allow you to dictate your schedule to your employer.


Title: (WI, USA) Am I allowed to have casual sex/dating during the waiting period after filing for divorce?

Question:
Wondering if I am allowed to use dating apps, or if that will be held against me in court after filing for divorce. If it matters, we already have a settlement agreement. And if casual sex or going on dates is allowed.
Topic:
Custody Divorce and Family

Answer:
 Assuming you're not in the military and you're separated, then you're fine. WI is a no-fault divorce state anyway. The judge isn't going to care.

That said, if you have kids, the other parent can request that you not bring dates home, or have someone else move in without prior notification/approval. So be careful on that front.

And of course, the obvious: you're welcome to try to have casual sex, but r/legaladvice cannot guarantee your success at achieving it.


Title: A friend of photographs foreclosed homes. They recently went to a foreclosed house that had a bunch of computers and tv's in it. Would they face legal trouble if they had taken any of the items?

Answer:
 Yes. Those items belong to someone that is not your friend. If your friend took them, that would be theft.

People are prosecuted all the time for stealing from foreclosed properties.


Title: [TX]I broke a person's rib while giving CPR to a person. They were unresponsive and not breathing. They're threatening a civil suit. Do they have a legitimate suit?

Question:
I'm part of a volunteer emergency responder group at my workplace. We get a text if there's a medical emergency in our area, and usually, we can get there before 911 does. I've been fully trained and am CPR and AED certified by the American Hearth Association, and can do other basic medical things. I also have a special badge that identifies me as part of the workplace's emergency response team.

I got a message about a man who had collapsed in my building. When I got to him, he was unresponsive and not breathing, so I followed my training and attached an AED and performed CPR until the paramedics showed up. While performing CPR, I broke one of his ribs, which happens sometimes. The paramedics took him to the hospital, and he survived.

It turns out he had a do not resuscitate card on him as well, which I didn't know because I didn't check his wallet. He's threatening legal action both for the cost of medical care for his rib, and because I performed CPR when he had a DNR card.

How much merit is there to his suit? Is it something I should be worried about? Can I expect my employer to help me if he does sue? Thank you!

Answer:
 Even a DNR tattoo is not enough according to this Texas lawyer:  http://www.dossey.com/Blog/2014/June/-Do-Not-Resuscitate-Tattoo-Will-it-Work-.aspx

It has a story about someone who was revived by an ER doctor who ignored a tattoo because it was neither notarized nor signed by the patient and two witnesses.


Title: Have to get a license in New Mexico but my Birth Certificate and my SSN do not match.

Question:
Like the title says I have to get a license in New Mexico. New Mexico has two drivers Licenses. The first one doesn't ask for proof of citizenship but you have to make an appointment to get fingerprinted. The  second one requires a birth certificate or visa, a Social Security card, and a utility bill to show proof of residency. So, I opted for what seemed like the easy option. thing is when I showed the clerk the documents, I found out that my Birth Certificate has a Jr while my SSN card does not.

So now I have to go to the Social Security office and change my name there and get a new card or go to a Judge and change my name on my birth certificate. My question is, with all my past documents not having the Jr (mortgage, marriage, Loans) would it be better to just change the birth certificate to mach all those documents even though it means having to set a court appointment or can I correct my name on the Social Security card and leave all my past documents as they are without the Jr?

Answer: You can correct your SSC and do none of that other stuff unless you have to in the future. I do not foresee you running into problems because you dropped the Jr on loans/marriage license/mortgage.


Title: Paid for destination wedding, received nothing

Question:
Couple from South Dakota, paid a company in California to marry us. The package came with a beach ceremony, a wedding officiant to marry us and a photo package to be mailed to us.

We flew some family out after paying, the beach ceremony was fine however the officiant never sent in the wedding license to the courthouse like promised and have never mailed us any photos.

They are not answering emails, and their phone goes right to voicemail with a full inbox.

The company had good reviews online and halfway through our process we received a letter saying the business had been sold to another party. Now all the reviews online are much similar to mine, people paying and getting nothing.

A few questions
1. Is this a small court claim type thing I need to do myself to get my money back?
2. Do I need a lawyer?
3. Would I get a lawyer in South Dakota or California?

Any advice would ease my beautiful bride a lot, thanks.

Answer:
 >the officiant never sent in the wedding license to the courthouse like promised

So... are you actually married? I feel like this is something you should look into on top of everything else.Answer #2: Did you pay with a credit card? If so do a chargeback.


Title: Wife's Sister Dropped Kids Off (TX)

Question:
Context: Wife's Sister (WS) is going through divorce. It seemed everything was going cordially- until this morning. WS and BIL co-own a trucking company. Today was pay day. Today, the check didn't get deposited in the co-owned account.

&#x200B;

This morning my MIL calls me and says she needs to talk with my wife. I oblige, and shortly after the call ends my wife asks me to work from home. I go ahead and make the call to work from home. Turns out WS is dropping off her two younger kids (genetically related to BIL) for the day...because her older daughter (from first marriage and not genetically related to BIL) *may* have opened an account with BIL and they *may* be getting an apartment together. I have no idea.

&#x200B;

Question: I have my BIL's two kids at my house. WS, MIL, and wife want me to hide the kids if he shows up and say they aren't there. How in trouble can I be if he calls the cops on me? I didn't kidnap them, WS dropped them off for us to watch them.

Answer:
 >  How in trouble can I be if he calls the cops on me?

If you refuse to allow a custodial parent access to his kids? Very.

>  I didn't kidnap them, WS dropped them off for us to watch them.

And barring a court order to the contrary BIL can come get them. Because they're his kids.Answer #2: If I'm understanding the implication right, he "*might*" be getting romantically involved with his step daughter? There could be a case for grooming a minor there if he started that relationship while she was a minor under his care.

I have, however, worked in daycare. You can't lie to his face about not having his kids when he's at the door. On the other hand, you can also take the kids to the mall, a museum or to get lunch.

Which is what I've done with a kid when my boss was worried a parent was coming to collect a child to follow through with their murder/suicide threat. I had a general permission form to take the kid with me so he and my son went to my friend's veterinary clinic and shelter where we spent all day on an impromptu field trip learning about animal health. The next town over.Answer #3: I wouldn't advise you to "hide" the kids, but you can certainly refuse to speak/answer door to him and tell him to take up any inquiries with his wife.


Title: [Canada] Estranged from extended family... oh look, inheritance

Question:
I've been estranged from my extended family for 10+ years.  They were/are abusive and undoubtedly have told many a colourful story to justify their existence without me in it.  I haven't seen my extended family's family for 15+ years so... estranged there too.  I have zero interest in any of these people and would not want them to know where I live.  Ever.

Facebook allows messages from randoms, even when you're fairly locked down.  Spouse got one saying someone in the extended family's family died (which we knew.  Google.) but also that I'm a beneficiary and gave the name/number of a lawyer.

If I contact that lawyer, will they share my contact information with the executor?   I feel like this is a hoovering maneuver to see if I'll take the bait.  Or its nothing but a guilt-soaked final letter about choosing to remain estranged from my abusive former-family.

I feel like it's not worth the risk or the money but I don't want to hold up any other beneficiaries.  I don't hate them, i just don't want anyone to have my contact information to pass on to the abusers (which is why I think I was likely added to the will).  Do they need to hear from me to finalize the estate?

Answer:
 One approach you could take, if you're interested in the inheritance and want the process to go smoothly, is to hire an estate lawyer of your own to represent you and to handle your correspondence. It'll cost a bit - every time someone contacts your lawyer, your lawyer's going to bill you for their time, or eat up a bit of their retainer - but it'll keep your direct contact information out of their hands, and you'll have a professional to look over the information you're receiving and to advise you on risks.

If you don't respond, the executor will _eventually_ receive permission to proceed with the dispersal of assets. What will happen to your share, if it exists, is beyond my pay grade to speculate about.


Title: Is this legal?

Answer:
 It misunderstands how credit reporting works, and assumes that the agencies won’t have the proper validation for the debt, which is almost certainly inaccurate.  That said there is nothing inherently illegal about negotiating down debts you have incurred, it just might fuck up your credit and take a ton of time.  But I’ve waited for medical bills to get to the 90 day range and then called the hospital to negotiate them before.  Hospitals are much less willing to do that these days, pre ACA I was able to do it a lot more often.Answer #2: Legal yes, but it doesn't actually work. The credit report has rules determined by the credit reporting agency. It has nothing to do with their ability to sue you, many of the debt collectors just don't care much about the report and would rather sue you instead.Answer #3: "Don't pay the bills, and let them go to collections and hit your credit report. The biggest collection agency for medical debt in the US is The Thomas Agency. When they start hitting your report, go online and contest anything that has hit from TTA, or any other collector. They have 30 days to prove that the debt is yours. They do not ever provide the proof.

You now have no debt on your credit reported related to your medical bills."Answer #4: LPT: move to a civilized country


Title: Can you use a passport for ID when you go clubbing in the UK?

Question: I'm 18, and recently went clubbing but lost my ID that I've used in the past. I'm going tomorrow and haven't got my ID, but I was wondering can I use my passport for ID to get into the club?

Answer: A passport is the best ID. It confirms age, identity, and citizenship.


Title: [VA] If the mortgage is in father-in-law's name and I'm making the payments, can I get kicked out?

Question:
Hello all! Just a quick and simple question. Here's some context:

My wife and I recently looked at some condos and small townhomes that we'd like to move into, since renting apartments in our area costs more than a mortgage payment would be and essentially feels like throwing money into a blackhole.

We love everything about the place and I can afford it (again, it costs less than our current apartment), but we will not be approved by our banks or the mortgage company that's partnered with the property.

My wife decided to ask her dad to apply for the mortgage loan on our behalf, while we make the payments - it's the only way we could've possibly moved into the new home. Later, after we've improved our credit a bit, we would refinance the home in our names instead.

I told my mom about this and she essentially flipped, saying it's not a good idea, he could get mad and kick me out, we're essentially paying for *his* home, etc.

I personally don't believe he would pull that - especially considering we have a child on the way. He's a bit bullish and old, but he's not a spiteful or mean-spirited man. But I can understand the reason for concern.

So, here's the question(s): ***can*** he kick me out without repercussion? (i.e., I can't take legal action or sue to get my money back (if it came down to that)). Is there something I should do, like talk with an attorney or create a contract, to protect myself?

Google has been no help, sadly. I'd appreciate any insight you all could offer.

Answer:
 >can he kick me out without repercussion?

Yes, you are a tenant, he is your landlord.

Why can't he cosign a mortgage with you?Answer #2: Always have a contract. Always. Even and especially with family. Nothing in your description sounds like he is legally obligated to ever let you buy the house from him. You're paying rent, not making house payments, which makes you a tenant who can be evicted.


Title: [CA] 5 yo daughter’s father is an alcoholic and I fear for her safety while she is with him on weekends

Question:
For the first time in 5 years my ex has been ordered to pay child support by the court but there is no visitation order. I ended our relationship a few years ago because he was a heavy drinker and drug user and would not stop. Before we separated he lost a job due to a dirty drug test. after we separated, he lost his commercial drivers license due to a DUI. He still continues to drink and drive. Last year, he was incarcerated for transporting drugs. He makes extremely poor choices. I know that he still drinks often because he is an oversharer on social media. He posts videos of him drinking all the time. He also posts videos of him making violent threats to people.

Despite all this, we have been very civil. There is no bad blood and all I want is for us to get along well enough to co parent my daughter as my parents did after they got divorced. Some issues I have with him are that he is in and out of relationships with different women and he introduces my daughter to any woman he dates. The day he got incarcerated my daughter was with him for the weekend and no one called to notify me. I found out through mutual friends and I had to track my kid down. Turns out she was with his girlfriend at the time. I had never met this woman and I was extremely uncomfortable with the fact my daughter was left with her.  Currently, he is dating another woman which I have met. She seems like a good person and he frequently leaves my daughter with her when he’s out drinking. Again, I don’t feel too comfortable with this. I would rather have her home with me and he can just see her whenever he isn’t going to be out partying. I have suggested this to him but he lies and denies his drinking and he asks my daughter to lie about it also which also bothers me as I try to teach my daughter to always be honest.

Another issue I have is that when he does have her on weekends, he wants me to either drop her off or pick her up. I personally think it is fair that he picks her up and drops her off at home as I do everything else for her throughout the week.

He is now threatening to go back to court and wants to seek 50/50.

I fear that this will happen and that my daughter will just not be taken care of as she should be. I hate conflict but at this point I want him to be able to see her as often as he’d like on the terms that he is not drinking or drunk. And for him not to leave her in the care of other people. Are these terms the court would allow?

Answer: Yes, those are terms the court would allow.  You need an attorney to negotiate that and fight that battle for you, though, because I'd bet my favorite body part he won't agree to those conditions.


Title: Got hurt at work. Doctor put me on restrictions. Manager said I might not be able to work because of said restrictions. Not gonna get paid for the time off. Can they do that?

Question:
I'm in Oklahoma for starters. I also work for a major corporation.

I got injured at work today, it's a thumb/tendon sprain maybe possible fracture. They won't be able to tell until Monday when the radiologist looks at the x-rays. I was put on right hand duty only. Which, thankfully I am right handed. I'm also a dog groomer. When I took my restrictions to my store manager today he told me that I might not be able to work because of said restrictions then told me I might have to go on unpaid leave. Can they do that? Do I not get some sort of FMLA or workman's comp since it was something that happened AT work? He said he'll let me know by Monday for sure what is going to happen.

Thank you in advance!
Topic:
Labor Law

Answer: You should qualify for workers comp since this injury occurred on the job.


Title: Family member used my identity, am now responsible for over 1000+ in unpaid bills (CA)

Question: [deleted]

Answer: You'll have to throw your mom under the metaphorical bus and report her for identity theft.  If you don't want to do that, you should put a freeze on your credit and pay it.


Title: Probation violation!? Prescribed Morphine while on probation and taking as prescribed causes levels higher than cutoff (300 ng/ml). PO says it's a violation! Legal rights!?

Question:
I have a friend who is on probation for a marijuana charge and he gets drug tested twice a week. He has a legitimate prescription for Morphine (guy was in a terrible accident had six surgeries and spent a year in the hospital).

Now... his probation officer (PO) says the cutoff levels for Morphine is 300 ng/ml however if he takes his medicine EXACTLY as prescribed he's guaranteed to test higher than the cutoff levels! In fact if he took half of one of his pills and ONLY that he'd still test higher than the cutoff. If you do the math converting mg to ng/ml it's clear the levels will be higher than the cutoff. His PO is saying that if he continues to test beyond the cutoff she's going to violate him and send him back to jail! It's even been documented that eating a few poppy seed bagels can get you to test around 300 ng/ml!

Just to note, the guy absolutely positively does not abuse his medicine. He takes it literally EXACTLY as prescribed.

What are the guys rights in regards to this!? I mean he has every form of documentation from his doctor he can get and has brought his PO the valid prescription documents and doctor records to indicate he's on Morphine and why. His PO just does not care and says the cutoff is the cutoff plain and simple. Can a lawyer help him? What should he do to ensure he doesn't go back to jail. Not taking his medication isn't an option because the guy is truly, seriously very very messed up physically. Even with the medication he has a hard time just walking around!

He's in Maryland.
Topic:
Criminal Law

Answer:
 That probation officer sounds like most of the ones I've interacted with.

I've never practiced in Maryland but usually how it goes in Florida and illinois is that if you have a valid prescription, the judge isn't going to find you violated your probation if you test high for certain drugs.

My guess is the probation officer is going to violate him, make a big brouhaha about the morphine, his lawyer will present the valid prescription, and the judge will be annoyed that the probation officer wasted his time and dismiss the violation. Could be different in Maryland so he should consult his attorney.


Title: Facing a potential 200k+ lawsuit. I have no savings, no assets. Should I settle or declare bankruptcy? (CO)

Question:
Six months ago there was an accident, I may or may not be at fault. The case against me seems strong enough for me to be very concerned about it. I have been warned that I may be liable for property damage in the 200-250k range. I have been offered a settlement of 47k.

The issue is that I have no savings and no assets and I'm in default on my student loans (around 90k after interest.) I have a job (55k Salary) that meets the bare minimum in my city to rent a 1 Bedroom apartment. I really can't afford another bill of any kind.

I'm waiting for some documents to come back to me so that I can be prepared for a consultation with a civil defense attorney.

Should I consider settling? Should I look in to declaring bankruptcy before or after judgement? Is it even worth pursuing a lawsuit against me to obtain a judgement that I can't pay?

Thank you in advance for your replies.
Topic:
Other Civil Matters

Answer:
 It sounds like you have plans to talk with a lawyer. This is a good idea. Based on what you've said, it sounds like you are "judgment proof," as you have no assets on which to execute a judgment. That said, having a judgment against you isn't ideal and can impact your credit, and if you do get assets in the future, those could be executed upon.

But at the outset, talk to the lawyer to get an assessment as to whether you are even liable. You say "you may or may not be at fault" - this is usually fact intensive and the details you've given here are insufficient to answer this question. Your lawyer will be able to do so.Answer #2: Was this a car accident? If so did you have insurance?

> Is it even worth pursuing a lawsuit against me to obtain a judgement that I can't pay?

Probably, because just because you can't pay now doesn't mean you won't ever be able to pay. If you were near death with no assets and no life insurance then probably not.


Title: (Texas) Blackedmailed by Uber driver

Question: I took an Uber with some coworkers and we were all pretty drunk, we had a girl I knew ride with us back to the hotel. My coworkers pass out and the girl leaves with a friend and I drive home. Next morning, my coworkers say cops came by that night and the Uber driver was saying that her wallet was stolen and she said it was the girl. Cops didn't find anything and left. The cops call my company and the blame got put on me because I knew the girl (by the company, not the cops) got in a little trouble and that was it. Now I felt bad for the Uber driver, she is messaging me saying that she wants 150 because thats how much cash she had. Then she changed it to 100. In the end she wanted 60 or else she would press charges and we would be accessories or something like that. I paid her, out of my own pocket, 30 and she said that was ok. I said I was a college student and I didn't have much and I was sorry this happened. She then texted me the next day asking for 30 more. She texts me a lot of things saying that she will still press charges if she doesn't get her money and will call my job again. I'm just not sure what to do, or if I even have a case. There was nothing to show how much money she had. I can't find the girl, who supposedly stole the wallets, information. I'm just at a lost.

Answer:
 >In the end she wanted 60 or else she would press charges and we would be accessories or something like that.

Extortion. Block her and do nothing unless you actually get a summons. She'd have to prove it was you who stole it...although paying the $30 may make it more complicated.


Title: Baby Daddy Wha?

Question:
So, Lets see if i can explain this. I am currently dating a girl who has a child. we've been together for 3 years now. Her child is 4. Her "baby daddy" left the state when the child was born. Prior to his birth he was involved in an accident. He was working for his own father, when he injured himself. He almost died, and was in a coma. Fast forward to today. He (baby daddy) lives in California with his mother. We allow visits when he comes to town, and have from time to time allowed the child to visit in California. The baby daddy, doesn't pay child support, nor have we ever pursued it. Baby Daddy is in the process of suing his own father ( yes you read that correctly) for multiple millions of dollars. They are in final stages of the process and sometime next week if things go as planned he will be awarded 10 point something million dollars. His mother (grandma) has verbally stated that they plan to setup a trust for the child, and would like to give us $500k to help with cost of raising him. Now, i'm just skeptical for several reasons. I don't want his money to be completely honest. I don't believe in suing. It breaks us down as a society and separates and estranges one another as a community. Not to mention this guy is suing not just some stranger, but his own father. Which blows my mind. I guess I have several questions. What would happen if we sued him for child support? Meaning what would he be required to pay as a disabled person. Secondly, what would he be required to pay if he was awarded 10 million dollars? Why do you think he's saying his plan is to give us all this money? What's in it for him? Tax write off? Or is he afraid that once he does get this large sum of money, we have some sort of chance to take it from him via the "legal / court" system? I know this is random, I just work a LOT, on call; so i'm never home. I work offshore in the Gulf of Mexico, so making an appointment with a lawyer is hard to keep. My girlfriend doesn't even want to talk about it, and i just want to make sure we aren't getting effed over. (yeah i said effed we have a 4 year old) Thanks in advance to any response, especially you trolls.

Topic:
Custody Divorce and Family

Answer:
 >I don't want his money to be completely honest.

Well, to be equally honest, it doesn't matter what you want.  You have no standing in the matter, and the child is entitled to the support of his or her father.  Will you be prepared to pay the full costs of college without requiring the kid to take out burdensome loans?  If not, then who are you to even think of turning down this money, if it turns out to be a real offer?

The father's motives are irrelevant.  If there's no support order, he owes nothing.  You should have a lawyer consult with you on any child support and tax implications and make sure the money is transferred in an appropriate form, but honestly, you are so far out of line in thinking that turning down this money (again, if it turns out to be real) would be appropriate, it's almost unbelievable.


Title: Professional Cuddling Services

Question:
I've been feeling quite lonely recently and I've recently discovered a bunch of websites that have "professional cuddlers" where everything stays platonic and 100% non-sexual. Is it illegal to pay someone for their time to cuddle?
.
Phoenix AZ

Answer: I.... Yes? I started internally screaming at the sheer thought of a stranger cuddling me, but if it would make you feel better then go for it. I would personally recommend getting a dog or friends you can hug on a regular basis, but if you want to pay for a cuddle, then it's your money.Answer #2: Watch out, that may just be code for "we're advertising this totally legal service that totally doesn't come with expectations of prostitution at all, obviously, hint hint."


Title: Can I get in trouble for wanting to buy a gun?

Question: I live in Greece where we have really strict gun laws and hunting guns are barely legal, I simply want a small hand gun for personal reasons. Is it possible I could find one online and or should I stop?

Answer: If it's illegal for you to own a gun then you shouldn't own a gun.


Title: I might have gotten an STD from a "friend." Are there any legal steps I should and/or can be taking? (On, Canada)

Question:
Throw away because this is rather embarassing.

Today an friend of mine that I recently had sex with told me that I might have an syphilis since her doctor told her she needs to be tested for it. She told me this saying something along the lines of "I got a call saying I Need to be tested for syphilis, so if I have it you have it lmao." I, now concerned since I was told she was clean (and me knowing I am clean since I lost my virginity to her (we all make mistakes)), told her that this is pretty serious and she just responded with "lol."

I plan on going to my campus clinic to setup a check for syphilis tomorrow.
.
If I come back positive, is there any kind of legal action I should or can be taking? Her reaction to this news seems very malicious to me so this is why I am wondering.
Topic:
Canada

Answer:
 It wasn't malicious if she didn't know about it before hand.

It sounds like she told you as soon as she was aware there may be an issue.

You should invest in condoms.Answer #2: No, no legal action to take.

Now if she knowingly infected you, that’s another story.  But syphilis is easy to treat if you get treated early on.

Use condoms.Answer #3: No. That's a risk you take with unprotected sex.


Title: Girlfriend brought up my past (which she had no part in) to my family and all my friends to make my life HELL because she doesn't agree with it. What can I do? (UK)

Question: [deleted]

Answer:
 >  what can I do?

Have you considered accepting responsibility for your own choices in life?


Title: (ks) I'm a mandated reporter, the police told the lady she was justified in hitting her kid and now she's calling my workplace and lying about the incident. And I'm not on the schedule next week.

Question: [deleted]

Answer: You did the right thing. File an unemployment claim if you're off the schedule for a week. If you're put back on no harm no foul but if not you will need to look for a new job. Answer #2: Who told you what the officer *supposedly* said?Answer #3: I think the problem is what you consider abuse may not be abuse.  Corporal punishment/spanking is permitted in Kansas.  Also, you typically are only a mandated reporter while in the performance of your duties(in your case teaching).  That being said...as long as you were truthful in what you reported you saw, that is for the investigator to determine.  Legally, you can't really be in any trouble.  Your employer may not you like you calling the police on their clients and likely is able to end employment if they so choose.


Title: First DUI, blew at 0.11 in Los Angeles

Question:
I invited a co-worker to go out for drinks after work. She seemed unimpaired while at the bar, and when leaving. Come to find out, she was pulled over and blew a 0.11 at the station. This would be her first DUI.

As the person who convinced her to come out, and bought her one of her three beers that night, I feel partially responsible. Trying to find legitimate advice that is not an ad seems to be difficult, so I figured I would ask here.

Should she "fight" it?
Should she get a lawyer?

Any tips or advice for dealing with this process would be appreciated.

Topic:
DUI

Answer:
 >Should she get a lawyer?

Yes.

>Any tips or advice for dealing with this process would be appreciated.

Your friend needs to get a lawyer, answer all of their questions honestly and straightforwardly, and refrain from talking to anyone else about the case. That's it.


Title: Accidentally Tried to open the wrong door

Question: (Pennsylvania) Today my friend invited me to his apartment and it was my first time going there. His directions were shaky and he referenced a corridor. I assumed that the front door was the foyer from which one could enter into the other apartments. Since I assumed that it was only an entryway into the apartment building and not into an apartment itself, I jiggled the door handle to open it. Thankfully it was locked. I eventually found his apartment, but I am worried that I might get in trouble for an innocent mistake. Could somebody tell me the chances of anything happening in this situation? Thanks in advance!

Answer: You jiggled a locked door handle because you thought it was another apartment...? You're fine.


Title: Seeking More Help, Animals were killed by neighbor's wolf dog (NE TX)

Question:
[Original Post](https://www.reddit.com/r/legaladvice/comments/88zvrf/help_animals_were_killed_by_neighbors_wolf_dog)

So the demand letter was sent and I gave them about a week or so to make a payment or at least reach out to us. She didn't. My Mom has been out of town and probably won't be back soon. The letter was sent from her since she was the one dealing with the neighbor. These animals were cared for by all of us at home. Since the demand letter has expired. Will my Mom be the one needing to go to small claims to file this or can I do that for her? I want to show my neighbors that we are incredibly serious about getting something in return, but since all contact has been from my Mom, I want to be make sure we do this right.

Thanks in advance for any help.

Answer:
 Whoever owned the animals should file Answer #2: So I can give you a little guidance here. In Texas, you are allowed to appeal from small claims court directly to the county court. It's considered a de novo appeal, which means the judgment from the small claims court will be set aside and you try the case all over again in front of the county judge (and a jury if you want). Also, I don't know what monetary damages you suffered, but you may want to consider getting a lawyer. I think you may have a breach of contract claim from the agreement you made with her in front of the police officer, and breach of contract claims allow the winning party to recovery attorney fees. Therefore, an attorney may take this on a contingency basis.

Good luck to you. Answer #3: I just read your update. I’m so angry for you!!  I really wish there was an appeal process in small claims court. But I guess if the appeal was heard in the same jurisdiction, nothing would change.


Title: Father wants to use LOGO of another company from England, is it legal?

Question:
So my dad has a small business, here in Connecticut.  he has owned it for about 40 years and is now using a company to make him a website. The name of our restaurant is also the name of a fairly popular chain in London.

The people making the website want our logo, which we do not have. I told him I have a friend who can make one but he really likes the London one and wants to use that one. I told him it might not be legal, its a pretty big corporation. but i'm not sure how international business law works. So would it be legal to use their logo?

Answer: Not even if he flips it upside down and changes the colors. Nope. nope nope. As a graphic designer, tell your dad to stop being cheap.Answer #2: Not even a little bit.


Title: I quit my job and my boss attempted to punch me in the face and threaten to beat me with a shovel.

Question:
I began Dec 9 2014 working construction as a framer making 25 an hour, first time working with this company and the industry. I was quite lucky to make that much an hour, however I had my own tools, 80 gallon industrial compressor, generator, a Step Van etc… I'm sure he was planning on me to pick up crew when we start work on other sites that don't have public transportation. The rest of the crew have criminal records, no ID and or a driving license.

The first few days into working at the site the boss would talk to me about how the other two are halfwits and how he's going to replace them. Which had me concerned, so I applied at other jobs as plan b. One of the days I take him aside and ask him if he really wants me to stay because I'm absolutely green, and if he would only need me for a few weeks. I told him that I have a job opportunity at another place. However if you are sincere about wanting me to stay I will. I told him I enjoyed learning this trade. It was a good work out and change of scenery for me. Considering I just spent the last 20 years in another industry and self-employed for the last 5. I told him in a nice way, I just didn't want any surprises. I should have listen to my intuition, it was almost too good to be true. Future raises 35 to 40 an hour eventually a foremen etc. Anyway!

I had enough of my boss being a complete racists, cynical two faced 0 to a 100 loud mouth. He's constantly making remarks about how he "hates Arabs, and would never higher the brown bastards, and how he doesn't trust the fuckers, not one bit." Which has been said more than a few times, although, confusing enough the last time he said that, he finished with "he has one that works for him, but he's a good guy." Constant sexual innuendo, whenever we are out eating in a public place towards women.

He has threatened another co-worker that was arguing with the foremen. Saying, "Shut your bloody mouth you little fucker, I'm a wolverine, all I need is 4 minutes with you boy! (The foremen and the co-worker were always butting heads) The boss has cursed out the foremen numerous times and even went off on a piece of scrap metal from the outside vent from a dryer. Slamming, punching, and trying to crush it, rip it apart and finally hold it up swinging it towards the foremen as if he's going to throw it at him.

Calling me up complaining about the crew and how he never trusts them. Complaining about how they want to borrow money, how they have a gambling problem. Mentioning they are going to steel stuff from the site, or about how stupid they are and how he's going to replace them. Which left me wondering what is he saying about me when I'm not present?

He never supplied a copy of the blueprints just rambling about what needs to be done which is fine but confusing when it’s time to get it all done correctly by memory.

On the 31st of Dec the boss starts talking to me as if I'm the foremen telling me the plans. I tell him you better mention this to the foremen or at least let’s write it down. Boss starts to draw it on a 2x4 without any numbers just telling me that he wants the windows 5' from the corner on the N wall with another one on the other end 5' away from the corner. I say ok. Boss starts talking to the foremen about the West wall and where the window should be placed. "The bedroom window center to the window below, and the other, center to the French doors." He leaves and we get started. We fix the beam, cut and lay joists, then start laying down the floor. Around 11:30 the boss comes back and is happy with our progress. We have a 30 minuet lunch, the foremen and the boss talk about where the windows on the West wall are going to be again and he leaves.

I hand the foremen the remaining of the floor boards which half way through he says to me. "You should handle those more with care!" I ask him what's going on? He says that he has to fix every tongue on them. I explain that I haven't been rough with them and that I was picking them up from the groove side down. I go over to the pile to investigate the way they were stacked from the company that had dropped them off. They were being crushed from another pile wood that was placed beside them at the far end. So I took a picture of it to show the boss what had happened to the pile and mention it to the foremen. This set us back a bit having to messing around with the tongue and groove. After the floor was laid down the foremen comes down stairs and asked me "What did he want done with the windows?" I show him the drawing the boss made and tell him what was said. That's when the foremen says. "No, he doesn't want that, we talked about that over lunch!"(The boss and foremen.) I said well...then I didn't hear that part of the conversation! I think we should call him to confirm. I call the boss two times, immediately one after another. He doesn't answer and the foremen goes on a smoke brake. The boss didn't return my phone call and the foremen says "fuck it, we'll do it the way the boss and I talked about during lunch." I said, ahh...I don't think that's a good idea, could we do something else, like the North wall instead? After all, we both agree that's what he wants done. He says "nope, we talked about this over lunch, he wants it done like this."

Foremen goes upstairs and yells out what he needs cut and handed up to him till the end of the day. I go up to help raise the wall into place. I lean out the window and said that doesn't look right. It's off set 3" from the window below! Foremen says "that's what the boss wanted, center to the bedroom." I say ok? Then try calling the boss one last time before the wall was secured into the floor. Again no answer or returned call.

Because of the mistake made on the 31st from the foremen I get a voice message left on my phone on Jan 1st: "I don't know what kind of game you are playing but if you don't give me a call back don't bother coming in...Fuck that!"

I call the boss back after hearing the message. He ends up going on a tangent about how he's going to get rid of so and so and what the fuck did we do blah blah blah, cursing and swearing making empty threats etc... I tell him my side of the story which I had nothing to do with it, and I tried contacting him 4 times that day regarding the situation. After he blows up on me about everything, he then apologies and says that he gets upset really quick. That I should come in tomorrow, which is today Jan 2.

9 am this morning the Boss shows up, calls us both over to his car and says "I want to speak to the two of you!" They argue about what happened, and how they both wanted different methods of fixing the problem. Then tells us that "he's not paying for us putting up a wall 3 times, and for the work that was done! We'll talk about that later! I'm not going to argue with you guys about it!"

Come to think of it, I overheard him asking about our hours to the foremen on the 31st. After the foremen tells him the hours the boss says "no fucking way you cock suckers worked those fucking hours, fuck that I'm not fucking paying you for that many hours, Jesus Christ." (In a non-joking manner.) So the foremen replies "Do you think that we are lying to you?" The foremen proceeds explaining what was done to justify our hours. Boss goes off on a tangent again, we just shake our heads and go about our day.

Back to this morning Jan, 2nd: After he chewed us out about the 31st and tells us about how he's docking hours and pay we head back to work. I work maybe 10 minutes before I say I've had enough of his crap (to myself.) I say to the foremen I'm done, I can't work under these conditions anymore, good luck! Foremen says alright buddy, take care! I get my phone out, thought I pressed record a video, put it into my back pocket and head down stairs to pack up my stuff.
I knock on the door to the house to see if the owners were home. I was trying to get back my extension cord that was running off an outlet inside their house through a wall sheeted with plastic over fiberglass. Nobody answered. Then the boss says in a demeaning tone. "What are you doing, slacking?"  I say, no, I'm done! "What do you mean you're done?" I'm finished working here, it's not worth it, I'm done. He says "good!" I say to him I may not be good (fast and know the trade) considering I've been doing this for two and a half weeks, but I try. From what I understand the site conditions are not really the best too. He says "Oh would you shut the fuck up, you fucking idiot, Jesus Christ." I start picking up my stuff to leave and say you're a cynical bastard under my breath.

That's when he loses his cool. Yelling at me at the top of his lungs he comes blasting towards me and stands right in front of my face (This guy is about 240 lbs and has worked in construction what I'm assuming all his life, he's a hot head and a tough guy for his age.) and yells "what did you say you fucking cock sucking ass hole?" I said, you want to get into my face and talk to me like this? You can dish it but you can't take it when somebody says something that may offend you? Now you have the audacity to get into my face? I've lost count the amount of times you've made maniacal comments and slander everyone as soon as they have their back turned, not to mention all the phone calls ripping people up. He then says that he'll "fuck me up" while putting his fist up as if he's going to punch me. I stand my ground just staring at him, and yell are you treating me? He takes a swing at my face (which I could feel the air from it to give you an idea how close it was), it didn't connect. I think it was more of an attempt to make me flinch or to intimidate me, possibly wanting me to retaliate. I yell again are you threatening me? He then runs over to grab a shovel to his left, charging towards me, holding it as if he's going to start beating me with it. Gesturing that he's going to swing it at me. I just keep standing there shaking my head, saying so now you’re going to threaten me with a weapon? He yells a bunch of stuff and I walk away saying keep it up, it's all been recorded, everything! Phone calls, text messages this morning everything. He starts walking towards me mocking me, I get into my vehicle and drive away.

Answer: You didn't post your location, so no one can give you any specifics, but most people would probably call the police if someone is trying to punch them or threaten them with a shovel.


Title: [NY] Looking to leave company, NDA states I cannot join competitor. What can happen to me if they find out?

Question: My current employer’s NDA states that I cannot join another “competitor” company within 1 year of voluntary leave and/or termination. Of course, I will not tell anyone where I am going to — however I want to know what they can do to me potentially if they find out.

Answer: If you are considering maybe violating your NDA, non-compete, etc you should have an attorney review and advise you. Sometimes they are enforceable, sometimes overbroad.


Title: [Louisiana] Can I break a lease because of rowdy, drug using roommates?

Question:
The apartment unit is a 4 bedroom unit with a shared living space and kitchen.  Each tenant signed a separate lease and was placed in the apartment by the apartment management.  Upon being placed in this apartment unit, it was found that the existing tenant had a friend (with child) living at the apartment without a lease.  The existing roommate frequently had rowdy friends over, at all hours of the night, and created a really poor living experience.  The child of the friend would frequently cry at night and wake me up.

This week the roommate disappeared for a few days and the apartment complex was looking for them.  Last night the roommate came home with 5 additional people and a baby.  One person asked if it was ok to "pass a blunt" around the common living area.  Before I went to my bedroom, overhearing their conversation, I found out that the roommate was missing because they were in jail for possession (heroin).

I know that usually roommate disputes are not the landlord's problem, but after doing some research, I found the following and would like to know if it applies to my situation.

[CC 2682 "To protect the lessee's peaceful possession for the duration of the lease."](http://law.justia.com/codes/louisiana/2011/cc/cc2682/)

[CC 2700 — Warranty of peaceful possession](http://law.justia.com/codes/louisiana/2011/cc/cc2700/)

I was also reading [Keenan v Flanigan](https://casetext.com/case/keenan-v-flanigan) and it says "The only question is whether it was the duty of the landlord, or of the tenant in the upper apartment, to take action to suppress the nuisance in the lower apartment. The district court held that it was the landlord's duty, and rejected his demand for the unearned rent. The court of appeal affirmed the judgment. "

Do these apply to my situation?  Can I use these to break a lease?

Answer: A conversation with the landlord about things like drug use extra people not on the lease living there or any other lease violations might get them evicted so that might be a route to try. Either way the first step would probably be just to talk to your landlord about it. If their actions are making you want to leave and would make it difficult to rent the place again then they might take action.Answer #2: IANAL but in the circumstance, I would tread lightly. If drug possession is prohibited in the lease then it would (likely) be grounds for eviction and they may attempt to either steal or damage your property on the way out; Which I'm guessing is why you're trying to get out of your lease instead of instigating your roommates for potential retaliation. I give you kudos for doing research but if anyone more qualified doesn't give you a response,  you could always find someone just to do a consultation. Best of luck!


Title: [CA] Reverse a garnishment

Question:
So my dad was sued for a nonpayment of a personal loan of about two grand. He never was served, so they went after my mom who is 100% divorced from him. Also her name was never on the loan paperwork and was added on after the case was already begun so they could sue her in place of my Dad.

So they ended up winning a wage garnishment against her and she paid upwards of 25000 dollars because of interest and personal hardship granted by the judge. 850 a month 1/2015-5/2017.

She is now currently living in Illinois, and was just notified of another granted wage garnishment for the same case that was renewed.

What I can do to help her fix this since I live in the by the court house this was filed in and get this reversed. She has proof from her pay stubs of the previous garnishment and a termination of the withholding order from the court.

Answer:
 Your mom needs to actually pay for a lawyer here.

The garnishment is just a collection mechanism, the problem here is the judgment against her that the garnishment is being used to enforce.  She needs to appeal that, or finish paying it.  Answer #2: A judgement of $25k on a $2k loan is impossible.


Title: I am being brought in for questioning

Question: [deleted]

Answer:
 You should say exactly nothing unless you have a lawyer present. Assuming that's how Norway's legal system works.Answer #2: You should get a lawyer now to be with you during the questioning. Your lawyer can advise you as to what you should say.

If you think a lawyer is overkill or unnecessary ask yourself- you are being brought in for questioning. Why wouldn't you bring a lawyer?Answer #3: While I'm only somewhat familiar with the Norwegian justice system, I do know enough to advise you to seek the council of a lawyer. You're a juvenile in a country that's relatively lenient, but that's no reason not to go in with every possible advantage. Don't admit to anything unless told to by your lawyer.


Title: I work in a DA’s office and want to adopt a dog from one of our animal abuse cases. How hard is it gonna be? (Colorado, US)

Question:
Like the title says, I work in a DA’s office as an assistant, not as a lawyer or anything.

Long story short, one of the cases I prepped this week is an animal abuse case. Defendant threw his dog against a wall and broke her leg, neighbor called the animal law enforcement division, they impounded the dog due to it needing emergency care, and then he surrendered it to the humane society because he wasn’t willing to pay the cost of medical care. He was charged with misdemeanor animal cruelty and neglect.

The dog isn’t currently available for adoption (I assume while its leg is healing—besides the injury, it’s very adoptable), but when it does become available, would I be able to adopt this dog? Is there anything wrong with me, using the info I obtained from my job, calling the humane society and saying, “I want this dog when it becomes available”?

I don’t care about how the defendant’s case goes and me adopting the dog wouldn’t affect how I do my job in any way. He’ll likely take a plea on his first appearance anyway.
Topic:
Other Civil Matters

Answer: You can't use the info you have to make any sort of "pre-claim" to the animal, as that would be unethical.  But if they are taking applications for him you can apply as a normal member of the public just like anyone else.


Title: Can I report my car stolen? My ex-wife has it and won't tell me where it is.

Question:
The car is in my name and our divorce decree states that she can use the car until January 1st.  She dissapeared today and told me lies about what she was doing.  Now she is ignoring me and won't tell me where my car is.

Can I report it stolen if the decree says she can use it?

Located in Georgia

Answer:
 The car is not stolen.  You can't keep tabs on your ex's comings and goings because she was awarded the use of your car.  Answer #2: not until January 1st. and even then it would be a matter for family/divorce court instead of the police.Answer #3: >Can I report it stolen if the decree says she can use it?

Seems like you answered your own questionAnswer #4: no


Title: Doctor WAY overprescribing narcotics to a known drug user. What can be done?

Question:
Illinois, USA

Family friend is a 65 year old male. He is addicted to heroin and has made zero efforts to get clean. He went to a specialist for addiction (didn't know there was such a thing) and ended up being prescribed 8mg of xanax a day and 80mg of adderall a day, and has been receiving that for over 10 years. To put that in perspective, someone who has bad ADHD may be prescribed 30mg of adderall a day, and someone with anxiety would usually be prescribed 1mg per day, for a limited time. I don't know what the logic was behind the doctor prescribing those things or why in that amount. He sees the doctor in person maybe once every other year, which I think is illegal if he continues prescribing controlled meds. He also gets his prescription in the mail in Michigan where he now lives and fills it there, which I think is also questionable.

All in all, I'm worried about this guy. He stays whacked out. He's getting up there in age and his body just can't handle this amount of drugs. He's constantly blacked out from xanax, and when he's not he's bouncing off the walls on adderall. Then in his social life he uses heroin just about every day. His doctor is well aware of his addiction and all of this is documented. This is why I think it could be malpractice. His life is going down the drain.

Also if it's alright, could we refrain from nasty comments about addicts? I'm strictly asking if this doctor's behavior is maybe malpractice or constitutes someone being called/reported at the least. If so, where do I start?
Topic:
Healthcare Law including HIPAA

Answer: Have you seen documented proof of these prescriptions?  Like the actual hard copy?  Because I'm wondering if this family friend is getting some of these drugs illegally. May very well have a valid prescription, but not at the quantity he is claiming.


Title: (AZ) I've been asked to testify against a neighbor in a DUI case. What can I except?

Question: I'm a witness in a DUI case against my neighbor. They have decided to plead not guilty and take it to trial. I've been asked by the prosecutor to testify as the only witness. I've never been involved in anything like this and I'm just curious about the process and what I can expect. Thanks!

Answer: On the day of court, just answer any questions asked by the prosecutor or defense attorney as honestly as possible.  If you don't know something, state "I don't know."  Don't advocate for either side


Title: "friend" totaled my car and fled the scene before police could arrive, do i have legal grounds to sue?

Question: [deleted]

Answer:
 You're friend is liable for the damage caused to your car. If you let him drive knowing he was intoxicated or not able to drive then you would be partially responsible as well, but that depends on where you live.

Do you have medical bills or is it just a totaled car?Answer #2: Were you also intoxicated?

Did you give the police your friend's name?  Did your other friend give the same story?

Because the police have heard the "my mystery friend was driving the car and ran away" story at more DWI accidents than you can imagine.


Title: My apartment has central AC, but it broke - My landlord says they will not fix/replace it, and is forcing me to switch a window AC unit instead. Need some help.

Question:
This is in USA, NJ, in subsidized housing. I had management visit my apartment, diagnose my AC and tell me it was broken, then received a letter stating this:

**It was brought to our attention that your AC system is not working. We have been informed it could not be fixed. We will allow you to purchase wall/window units for your apartment. As concession for your inconvenience we agree to reimburse you for ONE of your air-conditioner units you purchase.**

I do not want to lose having central AC. I would have to purchase two portable AC units to keep my apartment cool in the summer, but then have to figure out where to put both of them in the winter, as it is just a one bedroom that's already running out of space.

Would it be wise to offer to pay for the cost of fixing the central AC unit myself? I'm desperate to keep this amenity.

Is this something my landlord is allowed to do on such short notice?

What information would I need to fight something like this?

Do I suck it up and just be glad that they're at least paying for one of my two AC replacements?

Answer: Out of curiosity, is the electric bill paid by property management? Because that could really change the total pay-out that you would have to do if you got a window unit.Answer #2: Whether your landlord can do this depends on what is in the lease.  Most leases don't require a landlord to maintain an AC unit unless local statutes consider it a "necessary" utility and most don't.  It's mostly considered a convenience.  I highly doubt it's wise to offer to pay for the unit as they aren't saying "we aren't willing to pay for it" but "it can't be fixed" although maybe it's one in the same i.e "it can't be fixed without significant charge which we are unwilling/unable to pay for." Either way, even if the landlord is required to provide AC, it is pretty much a given that offering the reimbursement will satisfy that portion of the agreement/law.Answer #3: I just paid $3200 to replace an a/c. I don't think you want to go that route for someone else's property.


Title: NM-Judges decision was in favor of us, but we still have to pay their attorney fees???

Question:
So we've had an ongoing case for about the past year now, and here about a month ago finally had the trial, it was jury free. We were suing our past landlord for roughly $2,600. We've been waiting the past few weeks for a decision and although we haven't received anything via mail, we did see that the court website has finally been updated. The disposition is in our favor but right below it it says "awarding attorneys fees to defendant."

Now I'm not an expert, but why the hell would we have to pay them attorneys fees if the decision was in our favor? It was a cut and dry case so i'm very confused. Is this common? Is it possible the judge is going to award us the full 2600 but then mitigate their fees by making us pay them, best of both worlds? We don't know any amounts, all we know is what we see on the website.

Answer: Maybe it’s a typo, maybe you didn’t win as easy as you think and they got an award for part of the case, who knows.  Without reading the judgment it’s impossible to say.


Title: Signing a lease for a place, the contract states if we have to take the owners to court for any reason we have to pay their legal fees- is this legal?

Question:
In Connecticut. Should we still sign? I don't know if this is common for leases.  It states :

In the event that you (Landlord) have to go to court or take other steps to enforce the terms of this lease, I (Tenant) agree to pay all attorney’s fees, costs, expenses, and sums paid or incurred by you.  The law of Connecticut governs this lease.

Topic:
Landlord Tenant Housing

Answer:
 Does it say you have to pay if they win or just in general you have to pay?Answer #2: I think a court would read that as "I agree to pay Landlord's attorneys' fees if they prevail in enforcing this lease." I cannot imagine a court enforcing an agreement whereby you have to pay fees for your landlord to sue you if he loses. I would still ask the landlord to change the provision before signing it though. You never know what a judge might end up doing with that provision, despite the law. Answer #3: IANAL and I don't live in Connecticut. This is just an anecdote. This summer i lived in an apartment that had the exact same clause in the lease. I ended up having issues with my landlord, and explored the option of taking them to court.

When I talked to my lawyer, he advised me that such a clause in a lease goes against landlord-tenant law, and would be completely unenforceable. I'm not sure if this would be the same in your state, but I wanted to share my experience with the matter.Answer #4: Landlord/tenant law is state and often even city specific. Find a nonprofit tenant's rights organization in your area.

Generally speaking landlords often put terms in leases that contravene state or city law, making them unenforceable. I have no idea about the legality of this provision in your jurisdiction.


Title: Employer had me work 26 hours (NYC)

Question:
I am a salaried worker at a franchise hotel in NYC as an assistant front office manager. For the two months I have been working here, I have been doing 12 hour shifts from 7pm -7am on Friday and Saturday due to short staffing and one other colleague in the same position does the opposite 12 hour shifts from 7am -7pm.

Last night my colleague called out. The other two assistant managers could not cover putting me in a position to work over 24 hours.

Where do I go from here to get proper compensation and to ensure this does not happen again as I do not believe it to be legal to work over 24 hours.

Tl;Dr: colleague called out and I had to cover working 26 hours.

Answer: If you're properly classified and paid as salaried exempt there is no limit to the number of hours you can be made to work with no additional pay.Answer #2: Being salaried exempt, the state deems you fully capable and educated enough telling you employer to screw off. The State deems you capable of seeking employment elsewhere. its pretty simple your employment is basically a ongoing negotiation. one that your more than capable of doing.


Title: Canadian Student in BC NEED HELP

Question:
I have never in my life posted on Reddit before, not 100% sure how this works.

Hired a tutor to teach me for the course of 4 months in the summer for a really big test at the end of summer, claiming they were the best at it. They told me they will not tutor students unless they pay in full up front. I did and it was well over $4000. Since then they have continually lied, been late, beyond rude to me, cancelled last min and has still AFTER two months failed to teach me anything. They promised all these resources which I have yet to receive two months later, and if anything I have given them more of my own resources. When failing to answer my questions, they will waste our whole session 'searching' for it on google. Anyway, I could write a massive list of all the mean things they have said to me and give so many examples of why I am choosing to not put up with this anymore. The final straw was when they wasted our last 3 sessions, 2 hours each session to belittle me and compare me to all their other students, insisting I was not even smart enough to continue, if I didn't see them way more often during the summer. I CANNOT AFFORD TO SEE THEM MORE OFTEN. Rather than writing a very rude email, I opted to just explain that I would no longer be writing said test at the end of the summer and would really appreciate if they could refund me back the unused hours. They are refusing to do so, and all this emotional stress has made me so sick. I can't deal with this anymore.  I would extremely appreciate if someone could explain to me what I can do. All exchanges have been via email and Skype, I did not sign any contract. The amount they need to return is well over $1000 and for a student that is quite a bit of money. I have met them in person as they do live in the same town. If you need any other facts, I would be more than willing to let you know!

Answer: It comes down to whether or not they honored the terms of their contract. I doubt being nice was one of the terms – but I'm certain that for $4000 there were certain number of sessions. If they didn't meet with you for all of those sessions then you should sue in small claims court or whatever small claims court is called in Canada.


Title: Honest Company - dishonest practices - question about billing continuous subscriptions and class actions

Question:
Ok so I signed up for Honest Company subscriptions - two of them and have been receiving them for over a year.  I have a back load of diapers in my garage and decided to cancel my subscriptions.  I go online (the way I signed up) and looked around for a way to cancel.  I can not figure it out.  Thinking it is simply bad customer interface, I find their contact email and send them an email asking to either (1) cancel my subscriptions; or (2) direct me to how to do it myself on their website.  They write back and say I can only cancel by calling them.  I write back and say no thanks.  This goes back and forth for more than a few emails.  I look at their terms of service and they say that you can cancel by calling. There is no affirmative statement that states that is the ONLY way to cancel.  Funny the terms of service also state that I opt out of participating in any class action suit.  LOL.  I google online and see numerous complaints about this practice.

Here are my legal questions:
1) Can it be legal to continue to charge a consumer's credit card after they have given you express written notice that they withdraw their permission;
2) Is it legal to reject written cancellations and REQUIRE a person to call to cancel a subscription.

I asked around to my group of friends and they all had the same issue when they decided to stop their diaper service.  Most of them neglected to call in for a couple months so the (dis)Honest company received a few months extra subscription revenue from them.  I am guessing this is their strategy, since they have still refused to cancel my subscription despite having at least 3 emails where I request it.  At least they always end their emails laughingly with "delightfully yours" LOL.  I am slightly obsessed with this as a legal problem, obviously I could just call and cancel.  I just am interested in their legal stance in this issue.  thanks

Answer:
 Right from their TOS:

>You may cancel your membership at anytime.

>To cancel your membership, please call Honest Support at 1.888.862.8818 M-F 5AM - 5PM PST. Please note: Subscription Bundles cannot be cancelled via email, Facebook or other forms of social media.

It doesn't have to say the ONLY way to cancel is to call them.  How you cancel is set forth in their ToS.  Not a legal problem.  Give them a call and cancel.

Ninja edit:  You said you tried to email them your cancellation.  See also the ToS:  "cannot be cancelled via email..."


Title: (CA)Employer lies about employee reaching his "pay cap"

Question: Every year same story. My employer lies, and tells my fellow employee that they can't give him raise because he's reached his cap years ago. I know it's crap for two reasons. 1) Because there wasn't a cap limit when he started. 2) I make more than him, and I continue to get raises and have worked there half as long as him. He should be grandfathered into the no cap limit. Just like everyone else who's worked there as long as he has. He's completely oblivious to it, so they take advantage of it. I just feel really bad for the guy, he's someone that could really use any sort of extra income. Is this legal?

Answer: Absent a contract, the only time he would be due a raise would be if the minimum wage went up and he was under it.


Title: [WI] Falsely accused of stalking someone I haven't seen, contacted, or interacted with in weeks, who I communicated with very little when I did communicate with them, and with whom I only discussed things related to classes we were taking.

Question:
So I just got an email from someone who was in two of my classes (at a US public university) this past academic year accusing me of stalking her and threatening “further action” if I don’t listen to her request to stop communicating or interacting with her, including responding to her email.  What makes this strange is that I haven’t seen or contacted (or, honestly, thought about) her, directly or indirectly, in weeks and my contact with her was very limited and was exclusively related to class material and where in the university library a study group was meeting.

What is also strange is this person is an exchange student from China whose English, in emails she’s sent me, has had regularly occurring grammar errors, but the text of this email was, as far as I could tell, grammatically perfect. Also, it’s dated 6-30-15.

I don’t know what information is relevant here, otherwise I’d say more. I just really don’t know what to do. If the email is genuine, I’m worried that someone has been contacting her claiming to be me. If that’s the case, I want to find out who’s doing that and put a stop to it, but I don’t know how I could do that without contacting her and, in so doing, apparently risk legal action. Also, I would strongly prefer there wasn’t someone going around telling people I was stalking them, particularly since I most certainly haven’t been (since stalking, at least to my knowledge, involves direct or indirect communication and/or interaction of some sort, and nothing of that nature has taken place in quite some time).

How do I find out what’s going on? Should I preemptively prepare to provide evidence that I haven’t been stalking someone? What kind of evidence would that be? Is it possible I’m being scammed?

I’m happy to answer any questions in the comments. Thanks in advance.
Topic:
Criminal Law

Answer: Given the date on the email and the non-contact with the "victim", are you sure this isn't some sort of extortion scam?


Title: [Maine, USA] Parents moving on 2/18 and paid rent through 4/1, if they move and get the rest of their stuff over the next month can the landlord claim what's left as abandoned?

Question:
This is in Maine, USA.

My parents are moving out of their house on February 18th but have already paid rent through the end of March. They are moving most everything on the 18th (bed, dressers, clothes, etc.) but they have 2 snowmobiles and 2 trailers that they can't move on the 18th.

My father is worried that once we tell the landlord that they're moving and let him worry about winterizing the inside that the landlord will claim the 2 sleds and trailers as abandoned and sell/claim them.

Is this something he can do?

Answer: Yeah.  He can tell the landlord in writing that he moving out effective 4/1 and will hand over the keys then.  He should also make sure that he is following the lease when doing so.  Are your parents breaking their lease early?  And if not, are they following relevant state laws as far as notice goes?