Title: Guardianship gets abused too often - time to scrap it? realistic?

Question:
Hi everyone,

Disclaimer: I am only familiar with the form of guardianship in The Netherlands, please correct me where needed.

So, as I write this, there are two threads on the front page of /r/legaladvice related to abuse of guardianship on a young adult. One by me [1], because i've been a victim of it, one by someone else [2] who's trying to prevent his parents from doing the same thing to him. (See footnotes for the links)

Not to mention the amount of cases where guardianship is used to exploit and abuse the elderly (https://stopguardianabuse.org/). That does occur more often than exploiting young adults, but young adults can just as badly be exploited. This doesn't seem to be very well-known yet, and so far, most information on guardianship abuse is about the elderly. But many people, of any age group, could be a victim of this, if the one who tries to get guardianship over a competent person, is crafty enough. See threads [1] and [2].

Guardianship is meant to protect the vulnerable... not to exploit the vulnerable and ruin their lives. How does it do that? Usually something like this:

1. Some party (parents, family, etc) decides they want control over someone close to them, someone who is perfectly capable of taking care of themselves and making decisions, at the expense of that person's rights. This can be for many reasons, usually not very ethical ones.
2. They take a look at the guardianship application process and start thinking of ways to bypass the checks (which is RIDICULOUSLY easy in some countries)
3. They bypass the checks using strategies like getting a therapist that will reflect their opinion no matter what the reality of the matter is, lying to the court, using loopholes that can be used to prevent the afflicted person from getting involved, etc. Differs per country, I believe.
4. Guardianship over competent person achieved.

---

Then, once they've gotten guardianship, these are some of the consequences:

- The afflicted person has their rights stripped away and all control over everything in their life is handed over to their abuser, who can proceed to do anything with it including prevent them from getting any help, prevent them from moving out into their own place, or breaking free from their abuser in any other way.
- Any psychological help they get has to be approved by the guardian who, once they approve the care, can then proceed to forcibly look into confidential data between patient and psychologist, thereby stripping the afflicted of privacy in mental healthcare. This can prevent the afflicted from speaking up about what happens to them to the psychologist, because that information is not confidential.
- The guardian is marked as the first preferred person to speak to in matters related to the afflicted. This means that if the afflicted tries to arrange help, and the guardian knows about it, the guardian can arrange an appointment with the one who has been asked for help, where the afflicted is not present, and proceed to discuss things with the caregiver that are then kept secret from the afflicted. This allows the guardian to discuss and influence care without the afflicted knowing what is being discussed or influenced. Entire plans can be set up without the knowledge of the afflicted. In such an appointment, the guardian can use legal pressure (empowered by guardianship) on the caregiver to somewhat force their hand.
- The guardians also get financial control. The forms of control vary. In some cases, the afflicted gets a seperate account with something akin to pocket money, and the guardian handles the required payments. In others, the afflicted keeps their bank account but guardians gain total control over it. They can first of all use this to track the afflicted - any payment they make can be seen by the guardian. This includes payments towards lawyers. The guardian can attempt to undo payments - including to lawyers. Any time an ATM is used, or payment is made in the world, the guardians can see the location data.
- They can also steal money, and then justify it with a deceptive story to the court, with something like "we took that money from her to protect her against strangers taking it from her". Even if that deceptive story is based only on irrational worry and nothing of the sort actually happened, combined with deception in the request for guardianship and what they show the court, they can use reasons like this to justify *stealing money*.
- In some countries (certainly The Netherlands) they can even prevent the afflicted from getting the help they *need*, by *law*, in order to prove themselves competent. In The Netherlands, getting yourself out of guardianship involves getting a professional to write a statement that states that you are competent. According to the law, that is the only legal way out if you are under guardianship yourself.
  - Except getting a professional who can do that in the first place is an act guardians can prevent or otherwise control. It's healthcare and all healthcare is under control of your guardian. While this should be an obvious, glaring flaw, there is no exception in the law to allow objective re-analysation of competency even if the guardian refuses. Thereby the guardian has a direct way to prevent the afflicted from ever lifting guardianship ever again.

---

Why is this law still in effect? It is FAR too easy to exploit, FAR too based on subjective opinion and FAR too hard to get out of once you're thrown in. As you may be able to tell from thread [2], it is also far too easy to claim something is wrong with someone who is perfectly okay - by using subjective therapists.

It was conceived to protect the vulnerable, but is used to exploit instead. I'm sure there are cases where actually vulnerable, incompetent people are getting protection that they actually need, but this law is constructed in such a way that it can easily be applied on people who are not incompetent and don't need nor want that kind of protection.

But from what I know, guardianship has been around for a while, and the law isn't easily changed. So here's the hypothetical question:

**What would it take to scrap guardianship and create a viable alternative (that is far harder to abuse) for those that *do* need a guardianship-like law?**

The threads I mentioned:

[1] https://www.reddit.com/r/legaladvice/comments/76j3ax/many_years_of_abusive_guardianship_one_simple/

[2] https://www.reddit.com/r/legaladvice/comments/76lero/il_im_autistic_parents_applied_for_adult/

Answer:
 I'm going to throw this back to you - what would be an alternative that doesn't have the same abuse potential? You example specifically mentions getting people to by pass safe guards. Answer #2: You are experiencing Confirmation Bias. The problem is that 99.99% of the time when there is a guardianship in place nothing bad happens. Therefore it is neither interesting nor news worthy. As such it is undiscussed. "I have a medical POA for my dad now that he's sick" or "my cousins came to live with us for a while so their mom could get her life on track". Nothing happens.

So in the rare instances where something bad happens, it _is_ newsworthy almost by definition because it is so uncommon. The fact that you only hear about the bad problems is, in many ways, evidence that the situation is working.

It's like Sewers - nobody ever talks about them unless there is a problem, so if you didn't know better you'd think sewers were nothing but problems that should be gotten rid of. You are smart enough to realize how much worse that would be, because you can imagine the alternatives. Here you can't imagine the alternatives so you think guardianships should be scrapped. Trust me, it would be far worse otherwise.


Title: Can a waitress use pepper spray to protect themselves? (Q's on self-defensive measures)

Question:
<resolved> thanks for your help guys.

Greetings LegalAdvice.

Im a lurker and had a question I'm hoping you all could assist me with.

My wife, manages a cafe in a rough part of town. I've gotten into fights with homeless, and she has been assaulted before by them. The area has flashlight security, that never come when needed. The cops being called after the fact basically never come (it closes at 2pm).

Would it be okay to use pepper spray as a deterrent for aggressive "people"?

Would it matter if a sign was posted?

This is in CA. Because the cafe is frequented by those with money we are limited with how much notifications we can use (as to not deter positive customers), but need to have the balance of protecting ourselfs.

Thank you for your time.

Edit. Im gonna use this to go by.

http://www.shouselaw.com/self-defense.html#1.4
Topic:
Troll Post

Answer:
 As a deterrent? No.

Edit: Troll.


Title: (OH) I paid attorney for legal work which she performed. She wanted more money for more work on same case which I paid. She hadn't started the additional work yet but asked me for more money which I refused to pay.

Question:
She then suggested, since I wouldn't pay her any additional money, that I hire another attorney to perform the additional work on the case.

It turns out I did not need an attorney to handle any additional work on the case. She refuses to return the additional money I paid her. Is my only recourse to go to small claims court? If I go that route, can the attorney embarrass me by putting personal specifics of the case in their answer?

Answer:
 Contact your local bar associationAnswer #2: NAL: There are a lot of facts missing here so its gonna be hard for anyone to give you a sound answer. What it sounds like is you got a tentative quote at first, and the legal work she did exceeded the amount she quoted which is within the realm of normal, which you paid.

The lawyer can bring up work done for you to justify her expenses - Rule 1.6(b)(5) [http://www.supremecourt.ohio.gov/LegalResources/Rules/ProfConduct/profConductRules.pdf](http://www.supremecourt.ohio.gov/LegalResources/Rules/ProfConduct/profConductRules.pdf)


Title: [Missouri] Friend of mine had a stroke, and on returning to work will be demoted, non-full time and hourly

Question: A friend of mine had a stroke a month ago, and had not been working since, due to recovery.  Just before his stroke, he was told he would be promoted.  Now, he is being told that he wouldn't be getting the promotion (which he is indifferent about) but he will be returning to his old position, which he has worked full time for 10+ years, it will be 35 hours a week, no benefits and it will pay hourly instead of a salary.  He would like to return to his old position but has no idea what steps he needs to take to make this happen.   Any help is greatly appreciated!  This is in Kansas City, Mo.

Answer:
 I'm not quite clear--I get that he's not getting a promotion, but is he getting a demotion?

And are there at least 50 people working there (or within 75 miles of there)? What has his employer said about the reason for...whatever is happening?


Title: [TX] Can I preemptively express that I don't consent to any search or seizure?

Question:
I live with my parents and the police came knocking on the door one day asking to look around without a warrant while I was not home. My parents didn't want to upset law enforcement because they are of the mindset, "if you have nothing to hide, there is no reason not to be searched," so they let the police in to search. The police come to my, 20M, room and say they would like to seize my computer for evidence. Again, because my parents "have nothing to hide" they consent.

If I had attached a signed document expressing ownership of the computer and stating that I did not consent to any searches or seizures of the computer, would the police have to honor that document? What if the document was on the closed door to my room?

Topic:
Searches and Seizures

Answer: No, because your parents can give them consent.


Title: Aunt asking me to be secondary on a new house mortgage

Question:
Location: USA, MA. So my aunt asked if I could be a secondary on her new house mortgage. I don't know jack about mortgages, houses, credit, etc. I know that first time home-owners will get special rates or something like that, and I don't want to 'use' mine on this... Will that impact it?

She says its because I have a bit of higher income, and I only need to be on it for 6 months before she transfers it to herself. (Her husband is the primary, I would be 'secondary'. Is that the same as cosign?) I also plan on moving out of state soon, but she's just telling me not to notify the bank. I don't know the legalities on any of this and was wondering if this will impact me legally in the future. Any advice (or if I'm posting in the wrong spot) would be appreciated!

Edit: Her reasoning is that since her name is still on her current house, she cannot mortgage the new one with her husband. And unless they sell that house first, they won't have a place to live during the transition. Also stated that it would help my credit score. Still gonna vote no, though.
Thank you everyone! Said no.

Answer:
 You're talking about helping your aunt defraud her lenders. Worry less about your first-time homebuyer benefits and more about years in prison.Answer #2: Yes you would no longer be a first time home buyer

You would also be 100% responsible for that debt if she decides not to pay.


Title: Neighbor caused fire to my unit with cigarette butts.

Question:
Arkansas. I have renters insurance. I filed a claim with them. We have porches on a three story complex. These porches are wood and stuff sometimes falls through the little slates (trash, cigarette butts, debris from storms and rain). The guy above on the third floor likes to drop his cigarette butts through the floor slates and they usually fall all the way to my bottom/ground floor apartment.

I moved in a month ago and found the porch covered. I took pictures and reported it. I don't smoke. It has been a weekly thing where I have to go out on my porch and clean up the porch and the area around it (bushes and by the air conditioner). Each time I report it to the complex with the pictures. They said they have asked the guy to stop but he says he doesn't smoke. Which is a lie because I have seen him multiple times out on the his porch smoking. I've taken pictures of him smoking. His statement to the complex has basically said prove I smoke. You can't prove I smoke and even if I did, you can't prove it comes from me.

No one lives directly above me so it has to be him.

So I keep doing my weekly ritual of cleaning my porch and picking up the butts.

One week I literally have to pour water on a smoldering butts that is sitting in some dry weeds that hadn't been touched by the rain. I report it to the complex. They say again, they will talk to the guy.

Around 1am the other day, I get woken up by a neighbor pounding on my door. There is a fire. Alarms go off It is in my bushes, the same bushes I clean up weekly. And it has spread to the siding of the complex. I get my kid out and we call 911. Fire department comes and puts it out but there is smoke damage in the house.

After they leave, I call emergency maintenance and then my insurance.

I don't have the report from the fire department but I am planning on getting it.

I've renters insurance so I am not to worried but the complex is asking what I did to start the fire since it wasn't any of their equipment. I didn't start the fire. It was likely one of the cigarette butts.

I am curious what happens from here? I am getting the vibe that they are trying to blame me. Do I need to get a lawyer or will this all be handled by my renters?

Is my documentation of the cigarette butts enough to possible prove that this might just be the cause? Is it my responsibility to pick up every single one? Could this somehow fall back on me?

Answer:
 You had me at renters insurance. Let them know and sit back and relax.Answer #2: Have you documented all the times you told them about this guy?Answer #3: IANAL I'd be half tempted to print out all documentation and drop off the thick packet to the office showing you've reported the issue to them in the past. Make sure it is handed directly to the manager rather than secretary or maintenance at the front so you can show them that you've been reporting the issue. Even better is if the fire investigation's report points to improperly extinguished cigarette because you've been documenting it. I'm hearing both the neighbor and the complex have been negligent in protecting the asset and have now caused damage.Answer #4: You handled this really well. You're this sub's and any lawyer's wet dream. Keep up your diligence and you'll be AOK.Answer #5: If you have what you say you do in terms of documentation and all those complaints you made just sit back and don't worry.

Just be glad you and your kid are fine and insurance will take care of things.


Title: Working 60 hours a week- no overtime for “from home” work?

Question:
My boyfriend works 9-5 Mon-Fri at a Tech Job. once every 6 weeks, he has to also work 5-9 at home doing tech support for customers and weekends too, and he has even decided to do his “from home” work actually AT work because he doesn’t have the equipment he needs at home. So he’s staying at work every day for 12 hours a day 5 days a week plus weekends.

I thought he should be getting 1.5x pay for any work he does more than 40 hours, but he doesn’t! He makes $18 an hour whether he works 40 or 80 hours a week. Am I missing something?

Answer: What are his actual work duties? Is he salaried exempt? If so, does he gross $720/wk regardless of whether he works 6 hours a day or 10 hours a day?


Title: My Daughter's Request

Question:
So little background... I was a teenage mother. My daughter's dad and I haven't been together her whole life (15 years), and we had joint custody, half and half. I'm well moved on, he married and had more children, cool beans.

Last summer my daughter came over for the weekend and stayed permanently. Shes been exclusively with me, spoke to authorities about abuse, child services was involved, all that. We are now going through the custody change, she's seeing a therapist, I set them up to have family therapy, all that. Doing my best here.

My daughter wants to get a summer job this year. She asked her dad through text and therapy 6 times for her ssn and birth certificate, he refused to give them to her. The therapist didnt think it was an unreasonable request, so her dad dropped them off at HIS parents house, who she doesnt speak to, to pick them up. Now they are refusing to give them to her. I've even asked them myself through email, and was ignored.

I know, it would be easier to just replace them, but currently where I live, there is no official office within an hour's drive to go and replace them. He has also told the government that I dont exist in her life, that he had sole custody, which now I have to wait until we finish court to get a new court order to send in just to speak for her.

Now that her dad doesnt have these documents, and her grandparents are refusing to give them to her, not me, is this a request I should make with my local police?

It's just one of those annoying 9 month long court games, but its really pissing my daughter off immensely.

Thanks for reading this, I feel silly, like I'm making a big deal out of it.

Answer:
 You can certainly ask the police to assist with getting the documents from the grandparents, but they may not be able to help. Technically every copy of a birth certificate is just that - a copy. The issuing agency technically "owns" the certificate, and it's hard to argue ownership of a copy - even if that copy is an official one.

The path of least resistance is to get a new copy. Either way, you definitely need to make the judge aware of your ex's antics and how they are impacting your daughter's life when this goes to trial. Generally courts frown heavily upon a parent acting vindictively at the expense of their own child.


Title: Crowdfunding campaign changed after being funded

Question:
I backed a crowdfunding campaign (a film) about a niche hobby a couple years ago. One of the perks for backers included your name in the credits. This hobby has a very small community. The project was finally finished recently and upon release they changed the title from the original one used throughout the campaign (and still on the crowdfunding site) to something more  controversial (likely to try to manufacture controversy to promote the film). Think something like a film about an annual snowman contest being titled "White Power".

Many within the hobby have found this new title offensive. Before it went live a number of backers requested our names be removed from the credits because we do not wish to be associated with this film as it is titled. We were told they'll remove us "from the next version" (whatever they mean by that). They went ahead and released the film on YouTube and social media with our names still in the credits and have no plans to modify or reupload it. Anything we can do to force their hand?

Answer:
 IANAL but I do work in the film industry. The title of a film being changed before release is a very common practice, a "working title" is often used.

How long before release did you request the changes to the credits?

It may seem like a very simple change but it can represent a significant investment in time and money.Answer #2: It's worth a shot to report the campaign to the crowdfunding platform.  Both IndieGoGo and Kickstarter have policies against hate speech/discriminatory speech.  An angry letter from the crowdfunder might get the producers off their asses.


Title: Can a shop owner have their camera pointed at a card reader?

Question: My boss has a few cameras set up in his shop and one of them is a close-up on the card reader. I was just wondering if what he's doing is illegal. Thanks.

Answer: While this sounds like a supremely bad idea, we can't say if it's legal or not unless you give a location. I'd hazard a guess it's legal though, just stupid too.


Title: How to fight Child Protective services? [MI]

Question:
It's a bit of a complicated story, but I'll do my best:

My sister is a recovering opioid addict. While she's been clean for two years, she's still been on methadone treatment. Her first child was born a year and a half ago, and though he had to stay in the hospital his first couple weeks, he is now an otherwise healthy boy.

Her daughter was born a few weeks ago, and she's having similar withdrawal problems as her brother. My sister goes to the hospital as much as she can. She's currently in the middle of a divorce from some lazy, white trash, scumbag and she currently lives with my parents and I, with her son periodically staying with his dad (usually with her there). He borrowed her car and crashed it shortly after she had her baby. Thus it's been difficult for her to visit the hospital as much, though she's there usually 3-4 hours a day. She does her best to travel to and from the hospital while looking after her other kid.

Evidently some nurse took issue with this and called her saying she isn't at the hospital enough and that "there are other babies" for them to take care of. Shortly after, my sister got a call from CPS asking her to come speak with them.

Though my sister had some problems, she's honestly been trying her best despite her lack of funds and support from her dead-beat, soon to be ex-husband. As a matter of fact, there has been a sickening lack of assistance to my sister and her children from his entire side of the family (and if it wasn't the nurse, we are quite certain his mother called CPS purely to spite my sister). On the other hand, the kid stays mostly with our side of the family, and we take very good care of him. I honestly do not believe prying these kids from our side of the family and throwing them in a foster home is in their best interest (the father and his white-trash family legacy is an entirely different story though).

We don't really have anything to hide, but I've heard horrible things about CPS and their 'investigation' process. I fear they may twist anything my sister or parents say against them, or inspect our home and turn little dust bunnies in the corner into a full-on cause to condemn our house. Further, my sister's not exactly in the best financial position, living on government assistance since the divorce began while her husband receives SSI, which I think may hurt her case.

What is the best way to approach the situation and how should my sister/parents handle any investigation or questioning by CPS?

Answer:
 Your family should consider hiring an attorney to help them with this process.

CPS sometimes gets a bad rap, and it's sometimes deserved.  In general, though, they do a good job in awful circumstances.  And most of the people doing the complaining are the people being investigated, usually for good reason.

CPS has certain broad latitudes in protecting children.  In general, telling CPS to buzz off doesn't go terribly well.  In a situation with as many red flags as this one(drug addicted mother, two children born with withdrawal symptoms, abusive or incompetent father) your sister already starts out behind the eight ball.


Title: Was this legal?

Question: So my 21 year old nephew was placed on an involuntary hold after being diagnosed with psychosis and in our state, a court has to decide if a patient needs to go to the state for further treatment. During the hearing my nephew was being very disruptive and wouldn’t stop yelling and the judge had ordered him to be gagged with tape. And I’m wondering if this is legal? Especially with a mentally ill person.

Answer:
 A 1970 Supreme Court ruling granted judges a broad degree of leeway in determining how to maintain order in their courtroom.  Disruptive defendants can be held in contempt, removed from the courtroom or gagged and allowed to remain.  The judge ordering your nephew be gagged was a poor attempt to balance your nephew's right to attend his hearing with the necessity of having the proceedings continue with minimal interruption.  That being said, I find it a cruel abuse of power and so does the ACLU.Answer #2: I'm sorry to hear of your nephew's problems.   I have very specific sympathies.

Most judges who hear these cases are very patient with the persons who are undergoing psychiatric crisis.   They can suffer with dignity large amounts of yelling and cursing and threats that would send any other defendant to jail.   The busiest court in Washington for these sorts of things is a special courtroom located at UW Medical/Harborview, where they conduct most hearings via video link to the jail, or a behavioral health hospital, so the judge can just turn down the volume and wait.   But the patient advocates need to be heard too, so a persistently out of control person can either be removed, or literally gagged.

The judge did not overstep her authority, nor did the attendants or bailiffs abuse your nephew in an unlawful way.

Mental crisis earns a person care and deference, but not special rights to continuously disrupt a court hearing.

I earnestly hope that your nephew gets the help he needs and responds well to treatment.Answer #3: Was he actually gagged with tape or did the judge say something along the lines of "If you don't stop being disruptive, we're going to put tape over your mouth!" ?


Title: Employer wasn't charging me for daughters' health insurance premiums - and now wants the balance paid in full over next 5 paychecks. Help!

Question:
I just received a call from them that they were not charging for my girls,claiming that I now owe them almost $4000. They want it repaid by keeping the amount owed from my paycheck over the next 5 paychecks, amounting to almost $800/check. There's no way that my wife and I can manage this. Any ideas, suggestions, or resources would be greatly appreciated!!! [US,Pennsylvania]
Topic:
Insurance

Answer: Off the top of my head I can't think of any state laws that prevent them from doing this. You could try going to HR and asking them for a longer repayment period, since this was their mistake after all.


Title: Can I sue for money I gave cheating ex that was given to improve his credit score for us to have a future together

Question: I paid 6,000 of my ex's credit card debit to improve his piss poor credit score bc we were planning a life together and would be unable to rent new places or buy with his score.  He cheated on me and we broke up. Can I sue for the 6,000 I gave him to repair his credit score?

Answer:
 no. you can’t sue someone for money that you gifted them.

unless you had some sort of contract that stated the money was contingent on him being faithful, you have no legal recourse.


Title: [MD] I'm curious. If I saw a crime being committed, such as someone being robbed, would it be illegal for me to yell "police, freeze!" in order to encourage the perpetrators to flee, rather than confront them?

Question: [deleted]

Answer:
 Why, if you yell "police, freeze" do you think it would encourage  the perps to flee? I mean I suppose it might but equally they might just, you know, freeze. The whole idea seems poorly thought out.Answer #2: Do you genuinely believe that letting a criminal think that you are a police officer will go well for you?

1. If there are other cops around preparing to intervene, they may get you for impersonating an officer. Especially if you mess up their plan of action.
2. If believing the police are present causes the actor to escalate violence instead of run away, you could become liable in civil court for the victims injuries.
3. You could get shot or stabbed.

How about just calling the real police?


Title: [VA/MD] Ex-wife refuses to communicate with me regarding visitation ordered by court, says she will get a restraining order if I try to speak with her.

Question:
I am divorced and have a custody and visitation agreement through the court system.  For about 5 months, my ex-wife has ignored all of my attempts to communicate with her to arrange visits and will not let me speak with our child.  This came out of nowhere after we had followed the order for about 3 years.

I repeatedly attempt to call and email my ex wife and she has not responded until today when she said that if I try to communicate with her again, she will seek a restraining order.

Can she actually do that?  I would have assumed that being that we have a custody/visitation order, there is an implication that we must have open communication, and that it's absurd to deliberately make matters more difficult for me to seek my mandated visits and contact with our child.

Also, if I were to pursue a "show cause" motion, how many times could she repeatedly refuse to comply with visits?  Is it possible that I would have to seek legal recourse each time that she fails to comply?

Answer:
 She has asked you to stop contacting her.  Stop contacting her.

Hire an attorney and have file to have her held in contempt of court.

The courts do not take kindly to the custodial parent refusing visitation.Answer #2: If she has asked you not to contact her, then don’t. Go back to court and make a motion to hold her in contempt for not complying with the visitation order. Answer #3: Do you have an attorney? If so, what do they say?

If you’re doing this yourself, you’d generally want her to be found in contempt of court for not obeying the court’s custody and visitation order and go from there. You’ll most likely need an attorney beyond that if this continues to get ugly.

As far as a protection order goes, she doesn’t have much of a leg to stand on if she’s in contempt and you are otherwise abiding by the order. But I’d stop contacting her at this point and work the issue through the court.Answer #4: >Can she actually do that?

She can try, but won't succeed unless she can prove you're detrimental to the situation as a whole. If you have a visitation schedule, why haven't you simply showed up to pick up the child at your allotted time?


Title: Buying an alcoholic beverage for an underage friend at a restaurant (New York)

Question: I'm about to visit a friend whom I haven't seen in awhile. We are planning to go to a nice and fancy restaurant which specializes in margaritas. I would feel bad just trying one on my own, so I ruminated an idea of buying two margaritas (legally, I am over 21), and sharing one with my friend who is underage. Is this legal? And if it is, would the waiter question/take action if he sees this happening? Thanks.

Answer:
 No it isn't legal. And yes, almost certainly the waiter will question what you are doing.

I'm willing to bet the the restaurant will also have virgin margaritas.Answer #2: Not only will the restaurant not be ok with you letting your friend have some of your drink, it's also against the law.  You can be cited with providing for a minor.   Restaurants do not take you providing alcohol to a minor lightly.  The Restaurant can be fined because of this and too many liquor violations can cause them to lose their liquor license.


Title: Mom wants to move in with me 2 hours from where she lives now but insists she can't because of my sister and her father.

Question:
To be a bit more specific, this is in California. She's a single mother, my sister is going on 6yo next month so very much a minor. They live 2 hours away from us, same state and everything. She called me the other day asking if she could live with my father brother and I because she's tired of being alone and struggling and misses her children. She has lived alone for a while now after leaving my sister's father. He was a drug addict, had a coke/heroine problem and was more or less a serial cheater. Causing problems left and right if she didn't put out. Anyway she got sick of him and left.

 She doesn't own her own place and moves around often because of housing issues/roommates/bad neighborhoods, usually with other people. As of recent she's renting a room with another family. She struggles daily to even feed herself and my sister because she works alone, has to pay for a babysitter, rent, and earns $8 or minimum wage an hour. Not much for a single mother.

On to the issue. We discussed her coming over but she mentioned she had to speak to her social worker about moving my sister as her dad still had visitation rights on Sundays. He takes her out for a couple hours then she comes back to my mom. That's it. She was told if the father doesn't let her move my sister then that is that and she can't move. As well as because she has a child support case open, though he has only recently started paying it(for one month.)

I've spoken to my dad who went through this before with us of course and he says that can't be true that because my mom has higher custody she can do what she wants and if the father wants to see my sister he has to organize something with my mom ie: drive here, meet halfway and spend time with her in the area etc.

My question is who is right here? Is there really nothing we can do for her? Can she do what my dad says and just move? I really want to help her and show her she doesn't have to be stuck there just because of the father and keep struggling. I'm currently unemployed and can't reach out to her myself, but the three of us are offering a stable place for her where she can eventually find a new job and just be at peace finally. I'm sorry if this post is a bit unclear, I just really need some help. I'll try and answer questions as best I can, thank you.

Answer: There's a written custody agreement. Your mom needs to look at that and see if it says that she can't move away or relocate your sister. It's very common for custody agreements to say that one parent can't decide to move the child away from the other parent.


Title: [fl] Bought a route, was guaranteed 650 dollars a week for the first 6 months untill route picked up, after 2 month they said they wont be able to fulfill the guarantee.

Question: I have emails and text from the realtor saying they guarantee it. If it wasn't for that guarantee i wouldn't have bought it, sounds like lying to investors to me but what do i know?

Answer: Bought what route? A paper route?Answer #2: Bakery route, sorry, i distribute bread to publix, walmart, winn dixie's, walgreens... Answer #3: Realtor? Route? sorry, what did you purchase? Did you purchase a delivery route or something?


Title: I was arrested and my car was taken for evidence.

Question: I live in Minnesota. I was caught selling drugs to an undercover cop (I'm a dumb ass, I know) and they raided my home and took my mom's car as I had driven it to them to sell the drugs to them. Is there any way to get it back before the trial etc. An attorney I spoke to mentioned something along the lines of "Innocent Bystander Seizure" or something like that, since the car is in my mother's name.

Answer: you don't. she requests it using whatever forms said police agency uses, then in court if those are declined.


Title: The restaurant I work for requires us to relinquish 30 to 50 percent of our tips. Is this legal?

Question:
I work for a restaurant in the US state of Georgia. The owner requires us to give up either 30 or 50 percent of all server tips (depending on which section we work). He claims it is to pay bussers, bartenders, and kitchen staff. Is this legal? Is there anything I can do other than look for a new job?

Edit: All servers are part of a tip pool. I noticed there is a distinct difference between "standard tip out" and "tip pooling".

Answer:
 No, this absolutely not legal.

http://www.dol.gov/whd/regs/compliance/whdfs15.htm

But it's a whole lot easier to find a new job than fight this one.


Title: Was anti-vax nurse's post about a patient with measles a HIPAA violation?

Question:
A nurse posted in an anti vaccine group about caring for a child with measles and some details about how severe the illness was, as well as saying she considered taking home a mouth swab to give to her kid. She did not have her personal information hidden, so people easily found the pediatric hospital she worked at and reported it. As the story went viral and was reported on by various news stations, they moved pretty quickly to fire her citing sharing private information.

https://abc13.com/health/nurse-fired-after-posting-boys-diagnosis-on-facebook/4080212/

This isn't a question about whether or not she can be fired for this, since this likely violated hospital policies about social media and confidentiality. What is throwing me is that everyone is a HIPAA expert after they have sat through training at some orientation at a hospital, and many people insist this specifically is a HIPAA violation. My impression is that the info she shared was not actually all that identifiable. The child's name hasn't been released, just a general age. There is only one child with measles, is that enough to be considered identifying? My very very non expert understanding anything not identifying is not a violation of that specific law (but may be violating state law or hospital policy). Is this correct, incorrect, or potentially up for debate depending on if someone intends to pursue fines?

Answer:
 If the information she released was sufficient to identify the patient, and the patient (or his guardians) did not approve the release, this was a HIPAA violation. Case reports are published in medical journals all the time that release significant information about a patient's pathology, treatment, or whatever. These are not HIPAA violations because patient identifiable information is scrubbed from the paper. If she released no information that could be used to identify the specific patient (and where she is employed is not such a marker), then this was not a HIPAA violation.

That being said -- *and this is pure personal opinion* -- any health care worker who is also an "anti-vaxxer" should be not be employed in a health care position. The data is not even close to equivocal regarding vaccines. They save lives and the risk/reward ratio is overwhelmingly positive. It's too bad that this RN was fired for the release of the picture instead of being fired for being a dumb-as-pig-shit anti-vaxxer.


Title: My mom threw out my laptop and has opened up my mail.

Question:
So my mother has been lying about things to make me upset, she not only threw out my laptop but also opened up my mail.. I plan on possibly taking her to court for the mail but what can I do about my laptop?

AGE: 22

Location: philadelphia

EDIT: Took the flair off.

Answer: How old are you? Did you buy the laptop? Do you live your mother? If, so do you have a place to stay after she kicks you out for bringing a suit against her?


Title: Is this a genuine loophole or can I take legal action?

Question:
I’m 14 and from the uk, Northern Ireland specifically. I’m almost sure that the law is schools must have religion classes but can not force students to attend. My school doesn’t necessarily force us to do religion for GCSE but they are threatening us into to doing it by not allowing those who don't attend religion to attend English literature.

Is this legal or can I threaten legal action?

Answer:
 As you are 14, no, you have no standing with the court as a minor.  Age of majority in Northern Ireland is 18, so you would need to involve an adult.

Let an adult know what is going on and they can help handle the matter on your behalf.


Title: I'm a man trying to take my future wife's name in Texas and it seems way more complex than the other way around

Question:
Hi everyone. Ive never posted here but i thought this would be a great place to ask given the legal aspect of this question. I did post this to r/Marriage already, but please let me know if another sub would be better for getting answers to this.

So im going to get married sometime in the near future in Texas. My wife to be is great, were really happy and excited. Were not doing a big wedding, just getting married at the courthouse because we don't like the hassle. The only issue is she wants to keep her name and i think it'd just be all around easier if we shared a last name so i figured I'd just adopt hers. Win-win. However after looking online it appears there isnt an option for the man to take his wife's name on the marriage certificate. Is this even legal with marriage equality? And more to the point, are there any men out there who've taken their wife's name in Texas who can tell me how to best navigate the process? Im in Houston if it helps any. Thanks everyone!

Answer:
 I got my name legally changed to my husband's in court in Travis County. This was maybe 6 months before we got married.

I just filled out some paperwork and sat there until it was my turn. It took maybe an hour, because I went during lunch and people were busy protesting city utility bills.  The judge just called me up, checked on the name to make sure they had everything correct on their form, then signed my form. Then I went down to the registrar to get legal copies.

Just do it that way.


Title: Can a landlord increase rent if a family member moves in?

Question: I have moved in with my aunt and plan to stay here with her for a couple months, but after a few weeks the landlord has decided to increase the rent because of me moving in, is that legal here in California? What can I do?

Answer:
 The question really is what is in the lease in regards to the number of people living in the house. If there is a set amount of people for the lease your aunt may be in violation and may need to negotiate an amendment which could include increase in rent.

Without seeing the lease it's impossible for us to know.


Title: [Indiana] Adoption Issue. Father is attempting to overturn an adoption.

Question:
Asking for a friend of mine. She got pregnant in her late teens after a one night stand. It's been approximately 10 years now. She has moved on and married to an awesome guy. Her and her husband moved forward with adoption proceedings for him to become the legal father of her son. It was granted some time last year.

The biological father has now filed a motion to set aside the adoption. He states that he was not given proper notice of the adoption. They did not know his address so notice was given through the local paper and he was given time to respond. He states that he does not live in that area and claims that they knew he didn't live there. He works for a carnival so he travels a lot from what I've heard. The biological father has never seen the child, never paid child support, and never attempted to be part of the child's life until now.

The mother did not receive the motion to set aside until the date of the hearing so she did not show.

I have no idea if a summary judgment was granted due to her non-appearance but she's afraid the adoption might be overturned. I've already told her to contact her attorney to get this straightened out. So my question is, what are the chances the adoption might be overturned that this point?

She called me crying over the phone over the situation. I'm a paralegal but I don't give legal advice and I don't work in family law. Any help would be appreciated.

Answer: You've given her the only advice we can give, which is  to reach out to her lawyer.Answer #2: IANAL...but can she now sur for back child support?


Title: Illinois. Someone keeps reporting us to the police and DCFS because our baby and 2 year old keep crying.

Question:
We own our own house in a smaller neighborhood. We have lived  there for 5 years now and never had an issue.

About 5 months ago this guy bought the house on one side of us. Around this time we brought our premature child home from the hospital. It is has been a hard time. The child screams a lot. We've met with doctors, done tests, switched formulas. The crying of the baby sets off the crying of our just under 2 years old, toddler.

Now, my neighbor can't hear the screaming from inside his house. We've, with his permission checked, and the police have been over and checked for themselves but he can hear the screaming and crying from his back porch, back yard, front yard and side walk.

Every time he hears it, he calls the police and/or DCFS. His reasoning is that we could be hurting the child, the noise could be disruptive to the neighborhood, etc. A two months ago, I had more insulation installed in the walls and bought noise cancelling curtains in hopes that might help.

I've gone out and listened from the street myself and it definitely helped muffle the sounds. The problem is that all the houses are close together, I think.

Anyway, he is still calling and it is starting to become a huge problem. Now he is insisting that he can still hear from his back porch but I don't see how. I can't hear the crying from my yard and his porch is farther than that.

The local police obviously don't consider it an emergency since they don't always come out or don't always come out right away but the the calls and visits from DCFS are getting annoying. It is especially trying on my wife who feels like an absolute failure because during the day she is having problems managing the screaming two year old and crying infant. The DCFS claims are always unfounded and dropped.

I'm ready to hire a lawyer and see what we can do. Obviously, we've tried to make alterations to the house, within reason that we can afford, to help stifle the noise. We are constantly working with doctors and reading about ways we can help soothe both the baby and the toddler.  None of our other neighbors have ever complained.

I'm having heavy wooden doors put in on the front and back of the house in hopes that it will block out even more of the noise.

Is there anything we can do here? I understand he can call the police whenever but at any point does it become harassment to contact DCFS on the constant?

I do understand he has the right to quiet enjoyment of his property. I get it. But calling DCFS is out of line, he can't hear it inside his home (and he has told the cops that), and it isn't always going to be quiet outside. There are going to be background noises. I can try to mitigated as much as can during hours that might cause him problems but he has to be a bit more reasonable here. He lives really close to a house that has two kids in it. He met us before he bought the house.

I don't know. I am just at a loss here. Any help? Advice?

Answer:
 DCFS investigator in Illinois here.  You can ask for reports to be retained for harassment.  If someone is making reports not in good faith that a child is being abused or neglected, we can flag reports as harassment.  If they are unfounded reports, you can request that they be retained as harassment.  That way, if they keep coming from the same person, the hotline will be able to see that information and take it into consideration before putting a new case through.

Shoot me a message if you have any questions about this process.Answer #2: Have you talked to this man and told him that crying children is normal and that he's causing a lot of stress to your family? Answer #3: You can get a decibel reader for about $20 off amazon. Find out what the noise ordinance laws are in your town are.

Next time the little Giblet gets fussy, measure the decibels. If it's well within the legal limit, which I'm sure it is, tell the crotchety old man to pound sand.  If he calls the police again, show them the readings.

I think at this point both DCFS and the police both know that you are not abusing your children. I think you've gone above and beyond trying to rectify this matter and the guy obviously has nothing better to do.

Good luck.


Title: Towing someone from your apartment parking space

Question:
I live in St. George, utah and have quite the issue with people parking in my spot. We just got back from a movie at midnight and this is not a one time thing. I have told people to move their vehicle many times but it keeps happening. As a tenet, am i allowed to call a tow company and have it towed myself?
Topic:
Traffic and Parking

Answer:
 I would talk to your property management.  They might be willing to help you out. Some are happy to call for a tow fast. Some may allow tenants to call for a tow.

Also call them each time someone does park in your spot.  This will give a record and maybe get them to be more proactive in towing violators.

I would also photograph the car and note down who violator is or is visiting. If it is the same tenants friends maybe the property management can do something about it.


Title: I was kicked out of my high school for "assaulting" a campus security guard, but I didn't.

Question:
I'm 17 years old, and about a month ago at a high school football game kind of drunk with my friends, and my friends were being very obviously drunk and a campus security guard noticed and brought us away to breathalyze us. We refused to and wanted our parents to be there so in the meantime they put us in the back of cop cars. About a week earlier at my school a kid got away with running from the security at a game while drunk and arm-barred a teacher to escape and was only punished with a suspension. So since I was drunk I thought it would be a brilliant idea to run, so I got out of the cop car and tried running and was immediately tackled by the police and arrested. Not so smart.

But the part where it all goes wrong is a few minutes after my arrest a campus security guard standing next to the door claims I KICKED her to get away, and nobody else actually witnessed it she just told the cop.

The whole school including myself believes the school railroaded me and used me as an example to try and stop kids from going to football games drunk as it was becoming an issue. So now I'm sitting on a pending assault charge and more and I was also expelled from my school for something I didn't do. So I am wondering what my best course of action is and if I win my court case if that has any impact on a  school's decision to get rid of someone and if it can be reversed.

Answer: Stop talking about your pending criminal trial. Especially stop talking about it on social media. Listen to your defense attorney. Answer #2: There's no way **whole school** **knows** you're innocent because there's no possible way they all could have seen it. The only way they **know** anything is because you're talking about it. Shut up. You think you're helping yourself about the assault but you're just admitting to other crimes like public intoxication and evading arrest. Stop talking about your crimes with **anyone** other than your lawyer. Answer #3: Your best course of action is to immediately stop talking about this incident and ask your parents to hire a criminal defense attorney, meet with the attorney and go from there


Title: Grandmother fell in nursing home. Twice in two weeks

Question:
In Texas.

My Nana was in the assisted living of a nursing home for which my family pays ~$6k a month.

Nine days ago she got up in the middle of the night and fell. She had a concussion and a broken hip and had the hip replacement surgery 24 hours later.

When she returned to the same nursing home last weekend she was transferred to a room right outside the nurses station for her duration of rehab.

She is still completely bound to a wheel chair and suffers from dementia. But last night she was left in her wheel chair and no one transferred her to her bed, around midnight we received a call that she fell and broke her other hip while trying to transfer herself to her bed.

Would this fall under any type of negligence for the nursing home?

she is currently at the hospital scheduled to go through another surgery at 5 PM this evening.

We've been having a lot of other issues at this nursing home (nurses accidentally doubling my grandfathers sedative medication for a month, etc)

Edit: thanks everyone for your helpful comments.

Answer:
 The first accident was likely just that, an accident.

The second incident, her being left in a wheelchair, presumably overnight, might be something to speak to an attorney about.  An elderly woman (?) recuperating from a major surgery and suffering from dementia probably shouldn't have been left in a chair overnight.  Also, they should have been aware by this stage that she is a fall hazard and prone to getting out of bed/chair on her own.  They could possibly have put an alarm on her, to notify them immediately if she tried to get up without assistance.

It's not necessarily negligence, but it might be worth having a consult with an attorney and asking the question.


Title: [AUS][VIC]Store I work at got robbed, owner wants me to reimburse losses.

Question:
Hi there,

So yesterday night the store I work at got burgled. I was the only one working that night (each employee work on their own) and did closing procedures. I hid all the cash that was made that day as instructed and made sure the front door (only entrance) was locked (I always double/triple check before I leave).

From what I gathered, the burglar broke in through the front entrance (lock wasn't damaged or anything), rummaged around, found and stole the cash. After news reached the owners, they are now blaming me and asking me to reimburse them around 3k (approx. the amount stolen) for doing a 'shoddy' job closing or face legal consequences, when I 100% know that the door was locked and secured. I denied all allegations they made against me.

Can they actually make me reimburse them in legal means? I work as a casual employee in a independent retail hardware store if that helps.

Answer:
 No. This is entirely illegal - he can go fuck himself. He should have insurance for this anyway.

Call Fairwork ASAP to report this.

www.fairwork.gov.au

Small businesses have some protections when it comes to unfair dismissal claims (usually based on number of employees and how long you have worked for them). This is why I am suggesting you contact Fairwork as soon as possible because if and when he tries to sack you it will fall under adverse action and give you a much better chance of being able to claim against him


Title: Is the way my company handles PTO illegal or just morally questionable?

Question:
I started a new, full time salaried job in September \[Colorado\] and during my meeting to sign forms and such with the head of HR, she went over vacation and sick days, letting me know that I get 10 days (2 work weeks) of vacation days and 5 days(1 work week) of sick days for a total of 15 days. These hours are accrued with each paycheck, coming out to me "earning" roughly 5 hours of PTO each pay period (Hope I explained that well enough). These days do not roll over - use it or lose it kind of deal.

What she failed to mention and that I found out in December, is that our office actually closes for 11 days over Christmas. Without pay and no one can work, no exceptions. When I learned this and expressed my shock/horror to my manager, she told me that most people just save up their PTO days and use them towards those 11 days so they aren't missing an entire paycheck.

What this means is that out of the 15 days of PTO we get, most people are having to hoard those hours to use all at the end of the year to cover those 11 days, leaving us with really only 4 days of PTO, unless we want to see a smaller first paycheck after the holiday.

I feel like this is some messed up way for my company to get around people actually taking time off. They tell us we have 15 days of PTO, but close our office with no pay for 11 days and tell us to save up our PTO to use towards those unpaid days. I know I will not be taking any more than 4 vacation days this year because I can't afford a smaller paycheck around the holidays and will put those 11 other PTO days towards the unpaid time off come December. From what I can tell around the office, everyone follows this thinking and no one takes vacations.

Is this actually legal and just morally wrong or has my company found some illegal loop hole in their PTO policy to make sure no one can/will actually take time off. I know I probably explained this horribly, so please ask if you need more clarification. Thank you!

Answer: There’s no law saying that employers are required to offer paid time off. Answer #2: Legally speaking, they don't have to offer you any PTO, they could shut down for those 11 days and they wouldn't have to pay you at all. I know it sounds shitty, but they are actually doing more than they are legally required to do.


Title: Does it make a difference whether or not the victim in a case shows up to the preliminary hearing?

Question: [deleted]

Answer:
 EDIT: You posted this 15 days ago.

If you have been *subpoenaed* to court, you **must** show up. You're facing your own problems if you do not. You already ignored the advice, so we can't stop you from defending a man who hurt you, but honestly, he's already fucked. They'll take him to trial whether you're there or not.

In addition, I'll just be blunt. The court knows you're offering a subjective viewpoint  and they won't really take your testimony into account. The DA decides to press charges, and it sounds like this is already going to trial.


Title: Wanting to change my last name to my husband's last name

Question:
Ok, I will start this off by saying that I'm in Oklahoma. I got married at the end of December and decided to keep my last name. Now, I'm changing my mind. I want to have his last name as mine. How do I go about doing this? A link to the forms I would have to fill out, or what kind of lawyer I would have to talk to would be nice.
Topic:
Other Civil Matters

Answer:
 > A link to the forms I would have to fill out, or what kind of lawyer I would have to talk to would be nice.

http://bit.ly/1pz2Dr1


Title: My neighbour drilled a hole in my wall!

Question:
(From UK) My neighbour started work (without a party wall agreement). His builders drilled a clean hole through into my bedroom where a brick smash my phone screen. It has been 2 months as he has been delaying paying the party wall suyveyor and now the builder who was supposed to so the work doesn't want to do it as it's inconvinent and my neighbour says he won't give me the money for the phone, and that he will only pay it into a phoneshop because he doesn't want me keeping it. We didn't go through court to be easy going and nice but he is starting to take the p***.

Now, am I not entitled to have the money for the damages paid directly to me, by law? The suyveyor who looked at my house a month later is yet to give me the suyveyor report in writing as he said he's waiting for the conclusion of the phone. We are yet to recivied anything written where the neighbour accepts liability of the damages. Just any advice please, thanks. I'm considering just taking him to court and not speaking to him as I am stressed and haven't the time to be dealing with him.

TL;DR: Neighbour drilled a hole in my wall. Is being difficult wont pay me directly for damages.

Answer: Try r/legaladviceuk


Title: I live in NY state and my auto insurance lapsed: I've fixed it and my license is still in good standing, should I be proactive about paying the fine?

Question:
My insurance lapsed for a few weeks because I'm a dumbass. I'm now covered again but I never received any mail from the DMV about this and according to the DMV's website my license is still in good standing.

I know there's a chance the lapse will turn up in the DMV's records and I might need to deal with it eventually, but at the same time I don't want to pay ~$400 if I might not need to. Is there any penalty for not paying the fine immediately, given that I now have coverage again and my license still has full driving privileges?

Answer:
 This is a common problem. First, figure out how much your fine should be. Next, mail the exact amount to the Governor in an envelope filled with loose change.

You're also going to have to go around to nursing homes for a few months to apologise to random New York residents.

For real though: you broke a traffic law and didn't get caught. Would you go to the DMV and say "excuse me, but I passed the speed limit by six mph on the highway the other day, who sounds I make the check out to?"

There is no fine to pay, because you didn't get a ticket.


Title: [ME] Selling a printer on CL for $100, guy sends me Cashier's Check for ~$2000 through the mail.

Question:
I was selling a laser printer on local Craig's List about a week ago and someone texted me and asked what the price was, I said $100. He said sounds good, and said he would send me a check for more then the value off the printer and I would cash it and give the extra money and the printer to movers who would pick it up. Sounds fishy. This is where I should have just stopped responding.

I told him I would only accept cash or a check for the exact amount. He says fine and that he would send me a check through priority mail. He then sent me a cashier's check for around $2K which I received yesterday. I asked him why he sent me such a large check and he didn't respond. I then said that I was very unhappy he had sent me a large check after I asked him not to. No response until today when he asked if today was good to come pickup the printer and extra cash. I said no, it's not a good day and I wouldn't sell him the printer.

My question is, what should I do with this probably fake check? I was thinking about giving it to the postmaster and letting them deal with it because it's fraud through the mail. I'm not 100% sure if that's a thing though. Should I just send it back to the return address?

Answer: Rip it up. It's a scam.Answer #2: The check is fake. it's a known scam.


Title: [TX] USPS Delivery Woman refuses to deliver my moms mail.

Question:
This has been going on for a month. My mom has been struggling with USPS since all her correspondence is bouncing.

She has gone personally to the local USPS office. And the manager ultimately said, get out and get a lawyer because he failed to get answers from the delivery women and my mom wasn't leaving without answers.

Now, shes getting issues with different institutions due to her not receiving their notices. Banks, billing companies and even whatever she shops is returned to the sender.

Facts:

1. She officially changed her address online. Has proof of having done so months ago.

2. The delivery women lied to her manager because she said the address didn't exist, yet its a big apartment complex and she delivers to everyone there. She also said her packages have no apartment number. Which contradicts her statement above, and my mom has proof that they do. Tracking numbers also contradict her statements. Lastly she says my mom "doesn't live there" which I can't possibly understand how can she make that statement.

3. Managers have been useless to address the situation by talking to the mail lady.
4. My mom has spoken personally to her and she said it would not be an issue anymore. It kept being an issue.

I really don't know how to proceed in this one. Whom should we contact to understand the root of the problem. I don't understand why would a lady pick on my mom for no reason.

 So maybe there is a technical issue that hasn't been corrected. But the post office isn't taking the time to figure it out.

I've written online complaints before and it usually goes without response.. I've complained about mailmen lying and not leaving the red paper when they say they went to my place. They never answer, and they never seem to care when I complain online.

Answer:
 When you say "manager," do you mean the post master? The postmaster is the head honcho, so to speak, for that zip code's USPS office. He or she is the one with whom your mother needs to start. Unfortunately, postmasters are busy and often hard to catch -- there should be a separate phone number for that office's post, have her call and schedule an appointment with the postmaster to discuss this in person.

If this started after moving/doing the change-of-address form, there might be a problem with the change-of-address. Instead of doing a new one online, have her go in and request a paper change-of-address form, and see if that helps.

If the postmaster cannot or will not help, try the national USPS customer service department -- she can call them at 1-800-ASK-USPS. They might be able to help her, or direct her to someone local who can. They can also contact the postmaster for her office, and help force a resolution.

In the meantime, like someone else suggested, have her rent a post office box, and direct all mail and packages to the PO box until this is settled. PO boxes are not free, but they are fairly inexpensive -- I believe we pay $6/month for ours -- and she can also set one up online [here](https://poboxes.usps.com/poboxonline/search/landingPage.do).Answer #2: Contact the postal inspectors?


Title: I nearly got into a fight last night, but avoided it by beating myself up. Now the instigator is threatening to call the police

Question:
I'm home for Thanksgiving (Illinois) and went out drinking with some old high school friends. Ran into someone I never got along with, and as me and my friends were leaving for another bar, he started to confront me. Basically, kept walking into my space and trying to pick a fight, threatening to hit me.

It looked like it was going to get violent, and in my drunken state I thought a good idea would be to start hitting myself in the head, rather than try to fight him. It worked because he was so confused he just called me some names and left.

But now he's texting me saying that what I did was assault and he's going to report it to the police. Do I have anything to be worried about?

Answer: If you didn’t hit him it’s not assault. However, hitting yourself, even if you were drunk might be grounds to have you involuntarily committed for a psychological evaluation.Answer #2: He believes you will call the police and say that he assaulted you.  Without any other evidence, that story is way more believable than the one where you beat yourself up.  So he went to the cops first.   If you talk to the police, let them know what happened, you can probably press charges for him making threats.   You're not going to catch a charge yourself.Answer #3: Call the place and ask for CCTV footageAnswer #4: No... you hit yourself. Answer #5: You need to lock down witnesses right now. Talk to anyone you know who may have seen this, including any staff at the bar (I assume this was at a bar). You will need a lawyer if he *did* call the police, but I would not assume this until the cops show up to question you. DO NOT TALK TO THE POLICE WITHOUT A LAWYER IF YOU THINK YOU ARE BEING INVESTIGATED FOR A CRIME, PERIOD. A lawyer can help you phrase this to focus on the details that sound a little more believable. It'll be worth the expense to not have a felony conviction (and hopefully not even the charge) on your record. If you can't afford one get a credit card and ask your lawyer about financing options like a set amount per month to pay after a certain up front fee.


Title: Manager Wage Increase Backfires in USA

Question:
I work for a multi-billion dollar company based in Winona, MN that pays their managers a salary plus commission. Upon learning of the new law for fair wages for managers, the company decided to comply by giving raises, then lower commission levels to compensate for the loss.

The new pay structure will result in the managers making about $200 LESS per month than they were before the law was enacted. To make what we were making before, we need to increase sales by twenty-five percent.

While the intentions of the President were noble and good, the legal loopholes have left us working harder just to break even.

How do we combat this?

Answer:
 >Upon learning of the new law for fair wages for managers, the company decided to comply by giving raises, then lower commission levels to compensate for the loss.

This is an overtime-related law. Do that many "managers" at your company work overtime? What company is this?

>The new pay structure will result in the managers making about $200 LESS per month

This doesn't even help if they are worried about the new law, which requires that salaried workers who make less than a certain amount must be paid overtime if they work more than 40 hours a week. If they just reduce your total pay, they aren't getting out of paying the extra for overtime.

It sounds to me like the new overtime law is a bullshit excuse to cut salaries or force you to make more sales.

1: demand a higher pay rate or commission rate

2: Find a new job

This company is fucking you. Don't stand for it. Answer #2: So what you're saying is, your company has decided to cut your wages and you are blaming it on someone else.

If the wage cut is substantial, you can quit and file for unemployment.  I'm not sure that $200/month qualifies.

Did you have any other legal questions?Answer #3: >While the intentions of the President were noble and good

You should assume the President of the company can do math and realizes that he is paying you less now. His intentions were most likely to comply with the law and at the same time to use it as an excuse to lower your pay in a way that you would likely blame on the government rather than him.Answer #4: An employee's best recourse to being mistreated at work is to find a better job.


Title: Got a traffic ticket for tailgating, have dash cam footage, do I still need a lawyer to fight the ticket?

Question: Last week my wife was pulled over for "following more closely than is reasonable/prudent considering speed/traffic" (Kansas 12.04.047) on her way to work the other day. At first I thought she was be over-dramatic, but when I pulled the dash-cam footage, I couldn't believe my eyes. I initially thought we would need a traffic ticket lawyer to fight this case, but after I looked at the video, do we even need a lawyer? I have never tried to fight a ticket before, so unsure of the process. FWIW my wife has never had a ticket before. I would post the YouTube link of dash cam, but it's not allowed on this sub.

Answer:
 Does the dash cam footage show her obviously tailgating or obviously not tailgating? You never really specify.Answer #2: You neglect to mention what the footage shows. If it shows clearly that she wasnt committing the offense she was cited for, then you probably dont need a lawyer.

The ticket should have the process to get a hearing outlined. You should call ahead to the court to see how to bring dash cam footage in (probably on a usb drive). Then your wife shows up with her evidence, pleads not guilty when called up, and states why she thinks she is not guilty. She should mention the footage right off the bat, dont wait for the judge to ask if she has evidence.


Title: Can a landlord just move in with his tenants? (CA)

Question:
I recently moved into a house in which the owner/landlord was renting rooms (3) to individual tenants on a month-to-month basis. Three bedrooms, three tenants. Things were cool for about a week. Then, one morning I got up to go to work, and the fucking landlord was sleeping on the couch. He said that he was moving in and would be living here indefinitely. The guy is a disrespectful slob (in addition to being unemployed; I didn't realize he didn't have a job or a separate residence of his own until he showed up here) and we tenants are getting pissed because he never mentioned this, or even the possibility of this, when we moved in. Obviously, he feels that, since he owns the house, he has a right to live here as long as he likes, but is this kind of behavior legal in CA? My understanding is that every rental agreement or lease in CA contains an implied "good faith" clause, and his misrepresentation of the kind of living situation we are paying to experience constitutes a breach of the implied good faith clause. Do we tenants have any kind of legal recourse in this situation? Thank you.
Topic:
Landlord Tenant Housing

Answer:
 That depends strongly on your lease and exactly what it promises you.

If it promises you a room, and access to common areas, and you still have that, then you have no real recourse.  You have to look at the lease and outline something that the landlord is failing to provide.


Title: My job was supposed to pay me on the 12th

Question:
I just got a work from home job and the first pay day was the 12th. They claim to have mailed out my check but I still haven’t received it. None of my coworkers have received theirs either. Are there any laws against this? I’m in NC and I desperately need to be paid. It’s already nearing the next pay day (the 26th) and they’re going to mail this next check out as well. Then after that they’ll do direct deposit but they claim to have issues with their direct deposit system so who knows if it will work?? I just need my check I’m behind on everything and I’m danger of getting my power shut off.

Also my trainer said the check would arrive no later than the 17th so I fear there is an issue but they keep insisting I wait/brushing me off despite the admittedly abnormal waiting period.

Answer:
 So the checks aren't coming and they claim to have issues with their direct deposit system.

Yeah sorry but it seems to me that you aren't likely to actually get paid since it sounds like they are pretty much broke and just trying  to keep the ship from sinking but in reallity the orchestra is already playing whilst the titanic is sinking.

It's time to find another job right now and file a wage claim with the DOL.


Title: Wife is moving from salary to hourly thanks to a new law.

Question: [deleted]

Answer:
 You seem a bit confused about a couple of things.

1. They're required to pay her for time already worked. Absent a contract to the contrary, hey're not required to continue paying her the same moving forward-- they're merely required to pay her minimum wage. She's welcome to quit.
2. How is this a demotion? What was her salary, and what is her new hourly rate? Salary vs hourly isn't a status, it's a compensation model.


Title: I made a down-payment on a motorcycle.

Question: Last night I went in see a motorcycle that I was interested in. I ended up paying $500 for half of the down payment but I didn't sign any papers with a contract. My question is, can I get my money back? I'm thinking of saving at least $1500 more. I live in Las Vegas, NV.

Answer: So you just gave some guy $500 who claims he owns a motorcycle without any written agreement and no proof he actually owns it?


Title: Children consistently left unattended in apartment fitness center

Question:
I live in an apartment complex near Baltimore MD and I've seen 4 children between the ages of 6 and 10 left unattended within the apartment's fitness center twice in the past 3 days. I've seen the children playing with various pieces of equipment, obviously dangerously, including a treadmill, stair stepper, bicycle, cable machine, and several free weights, while also getting in the way of myself and other residents during their workouts. The leasing agents must be aware of their existence due to their requesting access to the nearby restrooms. I have expressed how unacceptable it is for the children to be left unattended in the fitness center but they seem to be disinterested in my complaints or they let me know they've contacted the mother, both of which result in no action. Residents possess an electronic key fob in order to gain access to certain facilities within the complex, I am unsure if the mother gives them her fob or if the leasing agents allow them inside.

If/when the children become injured while playing with the equipment, can I or any other adults present be held liable? Is there anything I can do from my end to ensure they are not left within the facility? Is this a CPS level complaint if it becomes increasingly prevalent?

Thank you for any and all advice, I'm just trying to ensure the children aren't allowed to seriously injure themselves and/or innocent bystanders are held liable for their injury.

Answer:
 are you sure the children aren't related to the leasing agents? they could be responsible and that's why they don't take complaints seriously. I'd kick the up the ladder. Kids in a gym, unsupervised no less, is dangerous. If there's no one higher up you can complain to, i'd call the police or CPS. That's neglect.Answer #2: Do you rent or own your apartment?
I live in a co-op apartment - we all jointly own the building. If a child was injured in our fitness room, it would hit the co-op's insurance. If the insurance goes up, each shareholder's fees would have to go up to cover the cost. So for me, there would be actual financial damages to *me* should the situation go badly. I'm not sure how condos work, but I imagine it might be similar. Even if they didn't increase everyone's monthly fees, they would almost certainly raise fitness room fees to cover insurance increases.


Title: Friend was guaranteed a raise after her 90 days. Her 90 days are now over, now she's being denied her raise. What can she do?

Question:
My friend is a front desk agent at a hotel. At her interview, she was promised a 5% raise after her 90 days with a good review.

Yesterday was her 90 day review, and she had an excellent review. Her work performance is outstanding and everyone is exceptionally happy with her as an employee, so there's no reason she should have been denied the raise based on performance.

She has also only missed one day of work in those 90 days, and was never late, so it's not because of attendance.

When they told her she wasn't going to get her raise, all they said was "we are just not there yet" and told her they will look into it again in January.

It makes no sense. Every employee was given their raise immediately after their 90 days, but not her, and all they had was a "reason" that just doesn't seem right.

She has 2 kids and, with the holidays, really needed that raise. I love her and I want to try to help her as much as I can.

Is there anything she can do?

Edit: Michigan

Edit 2: Yeah, she didn't get in writing so as far as this job goes she's boned. Thanks anyway you guys

Answer:
 >Is there anything she can do?

Not really. She can negotiate or look for a new job.

That promise of a raise is unenforceable. They could give the raise and then immediately rescind it.


Title: Advertisements in websites/games downloading apps on my phone automatically without clicking... Is this legal?

Question:
I can't seem to find any antivirus or adblock that will stop this. I'll be watching youtube and an ad will come up, then suddenly a tab in my internet is open and downloading something, whether it be a game or just a randomly named file. Sometimes, I can't even find the file to delete it.

Often, it's on news sites. I have no trouble on the computer, but as soon as I use my phone, I get spammed with tabs of half naked women and a file with a string of numbers of letters starts to download without my permission while a popup that disables my buttons and only the option of "OK" blocks my ability to do anything but restart my phone. I'm not good with technology, but even when my phone was totally reset with all apps deleted but the internet it comes with, the same thing happened.

My dad, who works with computers, says it's not my phone so it's not a technology question. I'm just wondering why/if this is allowed.
Topic:
Computer and Internet

Answer: This sounds like malware. You should scan your phone. It's not a legal issue, it's a tech one.


Title: I'm nineteen, living in Utah, and missed a pot related court date. I'm an idiot and need to fix this problem

Question:
So here is the deal, I initially just had a citation for paraphernalia. I had a plea of abeyance, a $450 fine and a class. I didn't pay my fine of sign up for the class. Then I got busted again, this time possession, and paraphernalia. Then I missed my court date. Yes I'm a dumbass, and yes I make poor decisions. Clinical depression is a blast, but not the point. So, yeah. I know I have a warrant out for my arrest. How do I try to fix this big problem I caused for myself? Cuz right now I'm feeling  kinda, "you ruined your life, your world is gonna come crashing down around you all is lost" So, how do I take responsibility for all this and fix it?

EDIT: Laziness, immature laziness is also related to this whole fiasco

Answer:
 The warrant will have a bond associated with it.  You can turn yourself in, have someone post the bond for you (or pay it yourself) and then you'll have a new court date and no warrant.  Go to this court date.

At some point in the process, an attorney is going to be useful.  If you retain an attorney now, (s)he may be able to work something out whereby you get the warrant recalled and get a court date without the whole arrested part.Answer #2: Stop buying marijuana, use the money you would have spent to hire a lawyer.Answer #3: I am not an expert, but I can predict with near certainty that the advice you are going to get here is to find and hire the best lawyer you can, and to do it as soon as possible.  What you do next is going to depend a lot on the facts of your case


Title: [VA, US] Trivial but I know USPS can get legally messy- Unclaimed meal service box REEKS in our apartment mailroom. Any legal ways for proper disposal?

Question:
Someone received a shipment from one of those meal services (blue apron, hello fresh, etc.) at the end of February or beginning of march. It is no surprise that the tiny, unventilated mail room for my apartment building smells horrendously. Are there any ways to dispose of the box that are within the bounds of the law?

*UPDATE*: I tried to call USPS first, but ran out of time to wait on the line. Then I called the management company who is a rare example of a good, locally-owned landlord. I made them aware of the situation and asked if they could check if the resident still lived here and insinuated that a welfare check may be prudent. The box was gone as of last evening and there was one of those time-release, spray air fresheners installed in the mail room. Unfortunately I found out that it is installed at my eye level haha. Thank you all for your advice and suggestions!

Answer:
 You can try calling the USPS and asking. They'll know if you can legally dispose of rotting mail if it isn't yours:
1-800-275-8777.

 I wanna know what they say if you call.Answer #2: Not legal advice but have you checked if the intended recipient is OK? I know a few meal services in the UK (esp for the elderly) make a big deal out of people not picking up food packages.  Answer #3: Does your mailroom have an unclaimed property notice?


Title: [NY] Serial rapist just got an order of protection against me for telling people he's a serial rapist. Only confirmed victim won't come forward. Order of protection says "no third party contact." What can I still do?

Question:
I introduced this dirtbag to two of my friends and he coerced one of them into sex multiple times, seriously traumatizing her, probably the other one as well, and who knows how many others.

I've been spreading the word and he came to my house yesterday saying he was going to take me to court for slander. I was very excited to watch him either confess (he thinks what he did wasn't rape so he might) or perjure himself while getting increasingly frustrated that the court won't just trust his word.

I'm very disappointed he's going after me for harassment instead. The definition of harassment seems really stupid to me at this point, I don't understand how he was able to do this instead of slander. It seems like it completely changes the game, right? I know he'd fuck himself over in a slander case, but with this I'm not so sure. Am I wrong about that somehow?

First thing that's happened so far is I was just brought to the local court for an order of protection. It's just the usual, but this is the most concerning part:

>  Specify other conditions defendant must observe for the purposes of protection: NO THIRD PARTY CONTACT

The judge told me this meant I can no longer talk to people about him. I literally can't have any communication with anyone regarding him. This doesn't make sense to me, as I've had an order of protection against me before (I totally deserved that one though - mental breakdown, said some horrible shit) and from what I understand, third-party contact is just that, having a third party make contact for you. How can it prevent me from sharing information? It seems to me like the judge was just bullshitting because everyone in the justice system seems to be a pathological liar when it comes to grey areas. It probably just makes his job easier. Honestly, I don't give a fuck how easy his job is, while I'm trying to stop this kid from hurting anyone else.

So what are my real legal limits? Can I actually still contact people and tell them what I know as long as I'm not asking them to contact him or anything? What if others contact me about him, can I answer their questions? I'm prepared to deal with whatever amount of hassle it takes. I'm not afraid of jail time while the case plays out, either. I do not give a shit what hardships I have to go through for the sake of this endeavor, as long as I can prevail in the end legally. So don't give me the advice that makes things easiest, give me the legal truth.

As an aside - this is a much more important question, but I have to relegate it to footnote status because it's so much less likely to get answered - is there any fucking way I can get him to charge me with slander? It's such bullshit that this is being done through harassment laws, it shouldn't be possible. Can I appeal to get my charge altered? Like seriously, is there any (legal) action I could take that might trigger a slander charge? Or is this going to play out differently than I thought and there's just as much room for him to fuck himself over in this case as there would be with slander?

Answer:
 Get meds

edit: seriously, get medicationAnswer #2: Dude. Get some help. I'm willing to bet this "victim" never even claimed she was raped. Seems like something you would whip up yourself.

Your responses to everyone make you just seem manic. I hope you're a troll. Get some help if you're not, because I'm sure said counseling could have prevented this previous breakdown as well as this tirade Answer #3: How did he coerce her?Answer #4: I'm a bot, *bleep*, *bloop*. Someone has linked to this thread from another place on reddit:

- [/r/bestoflegaladvice] [I have an order of protection against me that prohibits me from talking about this person to anyone. Here's a 550+ word diatribe about that person. That I am posting on the internet.](https://np.reddit.com/r/bestoflegaladvice/comments/4697f0/i_have_an_order_of_protection_against_me_that/)

- [/r/darqwolff] [Confirmed Darqwolff alt HStark racks up two restraining orders, pleads his case in r\/LegalAdvice: "Serial rapist just got an order of protection against me for telling people he's a serial rapist. Only confirmed victim won't come forward...The other girl has a protection order against me."](https://np.reddit.com/r/DarqWolff/comments/46ca4q/confirmed_darqwolff_alt_hstark_racks_up_two/)

- [/r/drama] [OP has been telling everyone that someone is a serial rapist. After an order of protection is granted against them, they take to LegalAdvice and proceed to have a total mental breakdown.](https://np.reddit.com/r/Drama/comments/46ajv5/op_has_been_telling_everyone_that_someone_is_a/)

- [/r/mylittleandysonic1] [darqwolff vs legal advice: 2016 edition.](https://np.reddit.com/r/mylittleandysonic1/comments/46bbv7/darqwolff_vs_legal_advice_2016_edition/)

- [/r/trainwrecks] [\/u\/HStark (darqwolff) has some trouble with rapists and the law](https://np.reddit.com/r/trainwrecks/comments/46cmbq/uhstark_darqwolff_has_some_trouble_with_rapists/)

[](#footer)*^(If you follow any of the above links, please respect the rules of reddit and don't vote in the other threads.) ^\([Info](/r/TotesMessenger) ^/ ^[Contact](/message/compose?to=/r/TotesMessenger))*

[](#bot)


Title: Legal advice- Pepper spray while riding a bicycle

Question:
I have started carrying pepper spray while riding my bicycle to deal with mean dogs.
What is the legality of pepper spraying someone's dog?  I have yet to do it. I would only do it if the dog was on a public road.  I am in Texas.

Answer:
 Firstly, laws are going to vary widely by specific state and location.  There is no one catchall answer to your question.

> I would only do it if the dog was on a public road.

The mere presence of the dog on a public road does not grant you the ability to pepper spray it by itself.  If the dog is attacking you, that is a different story, but randomly pepper spraying dogs on public roadways will get you into trouble.


Title: [IL, US] first offense domestic battery. What should I do from here?

Question:
Here’s the situation, I’m a 18 F that has been charged with domestic battery (720 ILCS 5/12-3) in Illinois (first offense) and I am currently doing community service. I’m supposed to get 50 hours total and I was told that the charges would be dropped. I believe it goes on my record for life? I’m freaking out night and day, having major panic attacks frequently because I feel like I’ve ruined my future. I’m currently in nursing school and I haven’t told anyone other than my family what’s happened. I know that I made a horrible mistake in my last relationship. I’m reflecting back on the thoughts that led up to my actions during that awful night and trying to grow from there. I’m trying to think of what steps can I do from here to help get my life back on track? Is expunging/sealing an option? I’m lost on what I should I do. Please, if you have any info on my situation, I would be extremely thankful.

TLDR: I was charged with domestic battery, class A misdemeanor in IL. Court said they would drop the charges if I complete community service. Is it possible to get it expunged/sealed from my record?

Answer:
 You were charged with DV or you've already entered a guilty plea to DV? Who told you the charges would get dropped? Were you offered a diversion / first offender program?

It sounds like the prosecutor is offering you a first-time offender deal. If that's the case, there is nothing to get expunged/sealed. Just complete the terms of the deal and it goes away.


Title: Grade A a-hole assaults hard working man on bus

Question: Illinois: yesterday after working a long shift(10.5hrs) some grade A-hole which by the way was heavily intoxicated(had an open container) jumped on the bus I was in and asked me to use my phone. After I saw him put his phone away a red flag went right up. I told him no calmly at which point he offered money and when proceeded to say no again, but more sternly. He became verbally disrespectful and got up from his seat to get in my face. I told him I was going to call the cops and then it happened. This mf sucker puches me and I engage with this guy. We are fighting, wrestling and trying to overpower one another in a bus, like those ridiculous videos on YouTube. Anyway, after using my last bit of strength I was able to pin him down until police showed up. Now this idiot is facing extra charges for assaulting a police officer as well. Now as I ponder the different scenarios that could’ve prevented this outcome. One in particular keeps popping up in my head. The bus driver could’ve prevented this whole assault from happening if he would’ve refused entry to this intoxicated man. Can I sue the bus company or the driver or can I take any legal action at all? This ordeal taxed my body and now my wallet I’m going to the doctor later today to get checked out. Any advice would be helpful, thanks in advance!

Answer:
 You realize the bus driver is a hard working man as well, right?Answer #2: No you cannot sue the bus company for letting someone ride a public bus.

You sue the guy that caused the damageAnswer #3: Ultimately, the man's actions is his own. The bus driver didn't cause him to hit you. Him being drunk didn't cause him to hit you. He hit you because he was an asshole. There are plenty of drunk people who use the buses in your city without any altercations at all. The bus company would get major backlash for not allowing drunk people on public transportation. You know the whole trying to prevent drinking and driving thing. Answer #4: You gonna sue the cops too for not arresting him before he got on the bus? How about the store that sold him the alcohol? Maybe sue the person who signed his pay check for givimg him the ability to buy the alcohol. The whole point of having agency in life is that people are responsible for their own actions, not someone else's. Sue the guy that hit you if you feel the need to sue someone.Answer #5: Try contacting Illinois Crime Victims.  They could potentially pay for your doctor visit.

http://www.ag.state.il.us/victims/cvc.html


Title: Property manager not cashing in my rent. Am I liable?

Question:
Hey everyone. Not too long I mailed over my rent to my property manager (I live a good distance away) and I got tracking to make sure it got there. I've asked him repeatedly if he got my check but he doesn't answer but my tracking says its made it. As of now he should've had 3 weeks to cash my check in but I haven't seen anything leave my bank account and my rent was due 7 days ago. I've heard from him regarding other things but not my rent. Should I be concerned? I haven't heard anything from the property manager or the landlord about missing rent. I figured I would give him the weekend to cash it but nothing.

A bit of a side note, for other reasons I would like to get out of this lease. Is this grounds for an easy out? I'm not going through hell to break my lease but again it's not a great situation.

Thanks

Answer:
 > A bit of a side note. For other reasons I would like to get out of this lease. Is this grounds for an easy out?

He's not even doing anything wrong, much less giving you grounds to break your lease.Answer #2: In most jurisdictions, personal checks aren't stale until at least six months after the date on the face of the check, and many banks will honor them for much longer than that. Three weeks is nothing.

Keep enough money in your account to cover outstanding checks. This is firmly your responsibility, legally speaking, and if those checks bounce, you will owe the bounced check fee, your rent, _and_ may face eviction if you don't replace the check promptly.


Title: Sunday pay vs. Overtime pay

Question:
(Wisconsin) Hello, I work for a business that offers time and a half for working on a Sunday. Every other week they force a good portion of there employees to work overtime. The work week starts on Sunday so if they either choose to or are forced to work overtime the company claims that the hours of overtime worked are all on Sunday. Is this right? I even put in a payroll inquiry and have written proof that my overtime worked was on Sunday. Yet all my overtime came from a Saturday as that was the end of my work week.

  So I was expecting time and a half from two days and only received it for one. Can a Sunday legally be my time and a half for overtime if it is the first shift of the week?

  *Also this is an employee owned company, and quarterly bonuses went out to certain employees, but I did not receive one so I put in another payroll inquiry, asking if my position offered a bonus. My store manager told my department manager that employees are not supposed to know about bonuses. In an employee owned company shouldn't all employees have the right to know what positions pay what?

Answer:
 > Can a Sunday legally be my time and a half for overtime if it is the first shift of the week?

Yes.  Overtime rules in WI (and federally) only care that you get 1.5x for any hours you work over 40 in a week.  If you work 42 hours, you have to get 40 hours of regular pay and 2 of 1.5x pay.  It doesn't matter *which* hours are paid out at OT rates so long as enough of them are.  And you have no legal entitlement to Sunday "bonus pay" unless your employer has some kind of explicit policy saying you are.

> In an employee owned company shouldn't all employees have the right to know what positions pay what?

Not all information has to be made immediately available to employees, even if they own shares of the company.  They can put in a request for specific information as a shareholder, but that's not the same as just calling accounting or payroll and asking for specific information