Title: Co-worker lied because I got her husband in trouble for discrimination in the workplace.

Question:
I have worked at a county organization for over 16 years and never had anybody file a complaint against me. One of the new employees who has been there less than a year filled a complaint with the main county human resources, ignoring the typical chain of command, with numerous allegations against me.

Her husband is a supervisor in another department within the same county organization as us and I previously filed workplace harassment against him for what seemed to be discrimination.

The main county conducted an investigation into her allegations and found them to be untrue. Much of what she accused me of was complete lies. The case was dismissed as the was no foundation to her accusations.

What recourse do I have? She lied in an attempt to slander my name, possibly ruining my chances at other job opportunities in the county. I know I was cleared but people still talk behind closed doors.

Answer: You were cleared. So what damages do you have? No damages, no legal case.


Title: [IL] renting to foster kids

Question:
My SO and I own a few rental properties in southern Illinois. We both grew up in foster care in the area. Him and I were discussing the difficulties we had ageing out of the system and thought of an idea.

Idea: Try to team up with the foster care system and rent specifically to foster kids to try and help out as much as much as we can.

We want to buy a couple houses with multiple rooms that we can rent separately, only for foster kids where the rent is pretty cheap and we can offer help. We also want to try to work with caseworkers to match up potential room mates.

Another thing we want to include is a clause that drug use is grounds for eviction unless they are seeking help or let us know so we can try to help.

Questions: what are the legalities around this? How would we get started?

Answer: Legal assuming they are adults. You need an attorney to create the lease. You should contact ILS programs to see where/who to talk to. There are programs in most (all states possibly by now) to support and help pay for housing for aged out foster kids.


Title: Ex wife uses Child Support only for personal expenses. Any recourse?

Question: My kids are in college, ex-wife uses 100% of CS for personal expenses and nothing goes to the kids at all. I end up paying for miscellaneous expenses, fees, etc. The ex has little money and I understand her plight, but the kids suffer due to the circumstances. Ex home state is Hawaii, kids live in other states 100% of the time. Is there any way to fix this?

Answer:
 Is Hawaii where the support order was entered?  When does the support order end?

If your ex isn't paying her share of expenses (often an order specifies a ratio by which expenses should be split) that is something your attorney can address in court if it's serious enough.


Title: Forged Signature on Paperwork Claiming I Did Damages to a Rental

Question:
**Backstory to this:**

The problem is from a rental car I used from Hertz while changing bases in August. The drop off location located on my receipt was a dealership that hasn't worked with Hertz in over a year. They still accepted my vehicle saying everything is fine. Had problems with this due to Hertz not recieving it and charging me for it. It was all taken care of with Hertz and the money returned.

**Problem now:**

Someone forged my name on a Vehicle Incident report claiming I have done $460 worth of front end damage to the vehicle. This must have been done by the dealership that recieved the vehicle in route to an actual recieving location.

**Evidence:**

I have a copy of the vehicle incident report. Its very obviously not the signature shown on my drivers license and its even spelled wrong. My information is also filled out incorrectly.

I have the receipt showing the drop off location. 3 Witnesses who saw what I did there (It was a change of base, so my 3 military co-workers picked me up at the drop off).

It was impossible for me to sign any Hertz paperwork there because they have none. Its not an official Hertz drop off location.

-----------------------------------------------------------------

I've sent an email to Hertz, and after review I'm pretty sure the fee will be dropped, but even if it isn't I want to sue. ***So, what I'm questioning is***, is this something I can sue on? Is it worth my trouble? What route should I take for this?

Answer: You could contact the police and report fraud, if you wanted.


Title: My girlfriend is 18 and I'm still a minor. What can and can't we do?

Question: I live in America, in the state of Virginia. I don't like to give out my age online, but in this instance i think it's okay. I'm 15 and she's 18, and she tells me that she would love to do more with me, but it's technically some type of rape if we kiss, hug, or even hold hands, just because I'm a minor. I understand we can't have sex because of our age difference, but how far can we really go?

Answer:
 >but it's technically some type of rape if we kiss, hug, or even hold hands, just because I'm a minor.

I am not familiar enough with VA's statutory rape laws to comment offhand with any degree of certainty. However, kissing hugging and holding hands between a 15 and 18 year old is almost certainly not statutory rape.


Title: [Minnesota] Fired for medical reasons even with doctors notes

Question:
I got a job at a major retail hardware store working in shipping and recieving. Before that I was in a bit of a rut in my life (being unemployed and losing my girlfriend etc) So about a week or so before I got the job, I went to the doctor for a pretty severe anxiety disorder. The doctor prescribed me .5 mg xanax and Zoloft (even though it's for depression, he raved about the anti anxiety effects it had, and i took his word for it).

Prior to seeing the doctor ,  I was stuck in a rut;  jobless, doing nothing, on unemployment . The .5mg xanax totally lifted the weight off my shoulders and change my life ( got myself a job, did my taxes, sent in a medical claim for reimbursement, just help me stop procrastinating and being a bum)

Cue a couple weeks later when the zoloft kicks in ( it takes a couple weeks for antidepressants to build up in your system for them to work) and along with a slew of other side effects including ED, mood swings, and a general feeling of not being myself, and drowsiness, (which is why it's supposed to be taken before bed) Zoloft made me sleep like I was in a coma.

I round up being late for work three days in a row, despite me having three alarm clocks an alarm on my phone and using my old phone and its alarm. I couldn't figure out why this was happening to me and why I couldn't wake up, even going to bed early and setting my alarms for 3.5 hours before I even had to start for work. That's when I did research and found out that the Zoloft has the side effect of putting people in a heavy state of sleeping. I told my employers that this is a side effect of my drug, but they didn't care. All they cared about was that I was late.

It took me about a week to finally squeeze in a meeting with my doctor for him to write me a doctors note, saying my new medication has the side effect and to please excuse his lateness because it is not his fault. They would not accept my doctors note due to it being "too late" , even though I told them I finally got a time set to meet with my doctor so he could give them an explanation.

Despite the doctors note they took no points off of my "point record" leaving me with 8 points (10 points is termination).

This takes us to yesterday, when I'm on my way to work. Of course withy luck, I get rear ended and get a little damage to my tail light.

 I knew this was going to make me late for work so I called ahead to the human resources department and left a message saying I was going to be late. At our store if you call beforehand and say you'll be late it only counts as one point, as opposed to being late without a call which is two points. So technically it should only put me at nine points (not quite termination).

I took pictures of the accident got the guys information and he said he would pay out of pocket because he didn't have insurance, of course, just my luck.

I show up to work and tried to explain the situation but they did not want to listen. They didn't care that I called ahead, technically making it only one point on my record, or the proof I had of the damage from my car being rear-ended and having the guys information, all they cared about was having a police report. I explained to them why I didn't call the cops, due to it being minor damage to my tail light and I didn't want to get this guy arrested (nice guys finish last).

I guess that was the straw that broke the camel's back and they fired me. Even though I should only be at 9 points.

With the main dispute I have is that they didn't excuse my absences due to medical reasons even with my doctor's note. I should technically only be at one point in total for being late for the rear ending, because my other absences were caused by medical reasons which were verified by the doctor himself.

I guess my question is is there any legal action I can take for them not accepting my medical reasons for being late? Would this be a wrongful termination? Or any other legal action I can take against them for firing me when I had legitimate medical reasons? Anything I can do at all?

Thanks guys

If there's not enough information here let me know and I can try to fill in the blanks for you

Answer: Same answers as 15 minutes ago


Title: Please help! My employer has been holding a promised raise for three months with no answer as to way, and keeps beating around the bush when I ask. What can I do?

Question:
Alright, so I work at a large, family owned business. After being promoted to a slightly more important position than my previous floor assignment, I'm still making less than coworkers who have been here for half as long and are still on the floor. I asked for a raise with review early august, received my review mid-late September but no raise. Too nervous to ask I just assumed they were working on it. A week goes by and I have an altercation with two coworkers and complain to management as I've been instructed to do so. Anyway they're using that as an excuse to not give me my raise despite the fact that I asked for it before the incident. I don't wanna delve too much into it here, I'm just looking for advice, who to contact, I will give more information to any PM's who are interested and willing to help. Thanks in advance! Also please direct any responses or questions to my inbox, thanks again!
Edit: Phrasing

Answer:
 We don't do PMs here.

You can quit and find a new job. They are not legally obligated to give you a raise. They are also not obligated to pay you more or the same as anyone else.


Title: Guest takes my car, no permission, wrecks it, insurance counts it as At Fault against my record.

Question:
Ontario, Canada

This friend of mine has issues. Bipolar/ADHD/drugs. I have a heart for him \*cough\* had \*cough\*... sometimes we'd hang out. I doubt location and cause of accident counts much so I won't get into that.

I'm in Niagara Falls with my gf staying at a hotel/resort. I find out my friend is in the area and invite him over. He brings a new gf.

He asks me if I can take them to get her methadone in the morning... yikers.... heroin addict, but hey, she's taking the medicine right? I say ok.

We have a good night. Everyone goes to be (passes out). I wake up to a phone call at 10 am. It's my friend, crying.

He 'didn't want to wake me' so he took my car and got in a wreck up the street. He has no licence (I knew this and wouldn't have ever given him permission). The cops charge him with following too close (rear ended someone) but didn't even ask if I wanted to press any charges.

Here I am 3 years later and I am looking for insurance and I get told I have an at fault accident and it's this one.

How the hell can I be AT FAULT when someone essentially stole my friggin car?

Yeah yeah, I'm sure they figure I gave him the car. That's crap. They had their adjusters and an independent investigator take all the stories. The stories are just like I said as far as I know. Hell, even if he said I told him to take the car... well, criminals will do that to avoid taking a charge.

I was insured by CAA for like EVER... if he said that, why would they take his word over mine? Well because it's what they want to hear that's why. But I don't think that happened. He fucked up and would have taken the charge. but they didn't arrest him so he'd have no reason to lie later.

In any event... what the hell is insurance thinking? Can they really hold the victim AT FAULT?

BTW, I don't show anything on my drivers abstract. I haven't had even a ticket for like 20 years.

Answer: Most likely, without reporting it stolen, the insurance company assumes you gave your friend permission to use the car. It might also depend on what the police report says. Ultimately, insurance companies are free to make their own determinations on fault and set their rates accordingly.


Title: [CA, USA] Child Support and Child Rights as an Adult

Question:
Hi there,

This is all a little convoluted. Essentially my mother and biological father separated 22 years ago (I'm 26 now) but never legally divorced. Bio-dad moved to England and we got back into contact a few years ago. Recently, he served my mom with papers officially for a divorce, and because of his guilt of being a dead beat dead he let it be known he was willing to offer a lump sum payment as he had found out that the original child support case was no longer in existence in the state they married. My mom stated that the lump sum should go to me and was prepared to sign for it when my step-father had a tantrum and is now demanding they be compensated. This is somewhat ridiculous because majority of my childhood expenses were funded by my grandparents and once I hit sixteen I got a job and paid all my own bills.

Question: As an adult do I have any power to demand the lump sum comes to me instead of them or am I at their mercy and have to hope they're nice enough to share? Thanks to any and all who answer :]
Topic:
Custody Divorce and Family

Answer:
 Child support  is owed to the parent, not the child  (you in this case). But if there's no open case and no outstanding debt, your father isn't under any obligation to pay anybody anything. Your mother could try to claim back pay on her child support but this long after the issue it's likely to be an uphill battle. She's entitled to try if she wants to though.

If your father wants to give a lump sum directly to you as some form of apology then this is a gift and completely separate from anything to do with child support. Meaning of course that it would be none of your step father's business.


Title: A teacher grabbed me - is this illegal? (Pennsylvania)

Question: [deleted]

Answer: The advice is the same from the last time you posted this. It may be against school policy, but it's probably not illegal. You should contact the administration.


Title: I purchased a reel of film, seller claims he still owns the rights

Question:
I recently purchased a reel of film that was filmed at a concert of a long deceased rock star, decades ago, by a fan from their seat.

The person who sold it to me just now claims that the filmer, who originally sold it to them, gave them a letter stating that the rights to it now belonged to them.

Now, I have zero desire to do anything commercial with said film... I’m just a collector. But I don’t like the idea of something I spend a good chunk of money on to be distributed or share by the seller at whim.

Does the seller legitimately own the rights? Or are they just blowing smoke up my ass?

Answer: If you only bought a reel of film, you don't own the rights to it automatically. Kinda like buying a DVD of a movie at Best Buy.


Title: Father wants me to return car that he lent me for years, threatening Stolen Vehicle call.

Question:
My father and I have had a falling out, and he insists I immediately return the truck he has let me drive for 2 years while I'm away for college. I am only 2.5 hours away from where my father lives, and have informed him that I am unable to drive the truck to his house as I have work obligations and that if he really wants the truck, it is here and I have no intent of keeping it from him. I offered to drive it to him in a months time when my schedule and schooling are freed up, but he has stated that I either drive it up tomorrow and pay for a ride back from a charter bus, or he calls the vehicle stolen to the police department. As I have no intent on keeping him from getting his truck and I have given him it's location, is he in the legal right to call the vehicle in stolen and will I be charged? \(Arizona\)
Topic:
Criminal Law

Answer:
 Are both of your names on the title? Or just his? You had his permission to drive the car it sounds like, at least up until now. As a result, I'm not entirely sure what the police department would do.

IANAL, but if I were you, I would try to work out something more reasonable, or maybe just let him know where the car is, that you're not using it, and he can come and pick it up. Doing this in writing (texts/email) would further illustrate that you made reasonable efforts to return it.


Title: Is this even legal on the front it is it gluten free and organic

Answer:
 Not at all. The USDA strictly regulates the word organic on product labeling. Any product using the word on the display panel (the front of the packaging) must contain 95% certified ingredients, unless the product says "Made with organic ingredients," in which case only 70% of the ingredients need to be certified organic. The only way that this company could escape fines and lawsuits would be if they sell less than $5000 of product annually, which exempts them from the regulation. This is quite illegal. https://www.ams.usda.gov/grades-standards/organic-labeling-standardsAnswer #2: I think what they meant by (it's bullshit) is the process to get the certification is bullshit, from what I understand it's an expensive and arduous process. And they were honest that the facility the product is made in has the potential for contamination, probably why they didn't get certification, maybe.

That's my interpretation based on context presented.

So in that regard, no it's not illegal unless they put the certification stamp on their package. In fact that statement on the back is so legal, and probably, required, that they didn't want to admit the facility they use is potentially harmful to anyone with a gluten condition like Celiac.

Again, my interpretation of the context. That statement was a cover your ass scenario rather than shitting on gluten free and organic lifestyles.


Title: (FL) Extorted in America

Question: [deleted]

Answer:
 Why would Tim think very little of America when he comes here and violates our laws?  He knew ahead of time he was not allowed to work, but did it anyway.

You can say truthful things all day long, but it is unlikely you'll be able to say anything that does not implicate Tim as well.  Whether or not Tim would get blowback is impossible to guess.

> Any advice would be appreciated!

Don't come to another country and violate their laws.


Title: [CANADA] How do I make sure my deadbeat mother gets nothing from the divorce?

Question: Answered

Answer: Divorce court is not for punishing people. Your mother will get whatever share of the marital assets that she is entitled to under the law. Your dad is already on the best course by getting your mother completely out of his life.


Title: [NY] Neighbor's insurance sending me bills

Question:
I used to have a willow tree on my property. A couple years ago, my neighbors on one side claimed it was "leaning" and they thought it was going to fall on their house. I disagreed with them, and since neither of them are arborists, just ignored it.

Last summer we had a pretty rough lightning storm. The wind was the strongest it'd been all year, and the strongest it'd be for the rest of the year. I know this because I checked. The tree fell down, mostly on my property, clipping a bush on their side, and hitting their electric cable going into their house. The tree fell at a 90 degree angle from the direction they claimed it was leaning. My neighbors of course, came out and started yelling about how I've "known that tree was dead for a long time" (it was green as hell, the tree removal guy I hired actually said "that wasn't a dead tree"

I paid the tree guy and his crew to come back and get it cleaned up the next day. My neighbor tried to shake me down for his homeowner's insurance copay and I told him no, as it was an act of God. A few months later, their insurance company sent me a bill with their "findings." I forwarded it to my homeowner's insurance to let them deal with it.  They investigated, found the same things I did, and said they would refuse to pay and handle it from there.

Fast forward ANOTHER few months and I got a letter from a collection agency telling me I owed my neighbor's insurance the money. I sent that along to my homeowner's as well, and they said they'd handle it. Today I received ANOTHER collection notice from this company.

My question is, without any sort of judgment, how are they able to send me bills for this? I don't owe them anything as far as I am concerned. I have no business relationship with them.

Answer: Ask the collection company for proof that you owe the debt.


Title: [AZ] My mom gambled away our rent money, and now I have an eviction on my record at 20. Is there any way to lessen the amount of time on my record?

Question:
My mom didn’t let me know in enough time for me to try and fix the issue, and this was so unexpected. I just need to know what my options are.

Edit: I understand there’s not much for me to do. An eviction lasts for how long on your record? Is it seven years like bankruptcy or until the debt is paid off?
Topic:
Landlord Tenant Housing

Answer:
 Is the lease in just your name or her name as well?

But an eviction is an eviction. If your name was on the lease there isn't anything you can do the lessen the effects it will have on your credit. Answer #2: Other people have answered your question, I just thought I'd add to make sure you focus on having a *spotless* record from now on. A few years down the line, people might give you the benefit of the doubt if you tell them your story. You were young, you trusted someone else, you got screwed. But if you have an eviction plus some late bills, now it looks like a pattern.Answer #3: If it's not too late, try to talk to your landlord. Offer leave immediately and make payment on debts owed to avoid the eviction.


Title: Minimal suturing because wounds were from self-harm... could it be a legal issue?

Question:
Using a throwaway for obvious reasons

So, a little less than 6 months ago, I got drunk and sliced up my arms. Again. Yes, I'm aware that this was not the brightest decision. But it was the first anniversary of the suicide of someone I considered the father figure in my life, so it was a pretty shitty week.

I went to the ER for sutures for the cuts. I suspect that the doc may have provided substandard care because of the nature of the initial injury.

The lacerations were quite deep and wide, but he only put two sutures in one of them, and one suture in a few more (5 total). I was drunk at the time and did not question this.

When I'd looked over and he was about to start suturing without anesthetic, I asked him if he was going to numb it first, and he responded "I assumed you had a higher pain tolerance than average," referencing the fact that I self-harm.

The wound was dressed, but I was not given any instructions on aftercare or how long to leave the initial dressing on, just that I should get the sutures removed after 10 days.

The next day, I went to the same hospital's prompt care, because I had come to the conclusion that the suturing was inadequate and I still had quite large open wounds. The doctor there was surprised at how few sutures I received and asked for the name of the ER doc and wrote it down. It was past the 12 hour mark so they could not be further sutured. The prompt care doctor called for a consult with a plastic surgeon about what to do, and I was given a special dressing that I was not supposed to remove or get wet for 3 days, however there was nothing further they could do to close the wounds. He was quite concerned about infection since the wounds were still very much open (not to mention the fact that I work in a microbio lab with bacteria, yeast, and fungi). In the end, likely because of the further care I sought, the wounds healed without infection, however this doesn't mean that the doctor provided the level of care he would have, had the wounds been accidental. Of course it's hard to definitively prove this.

I contacted one lawyer at the time, but he said that because I couldn't prove that the doctor's lack of proper care caused damage, and because the wounds were self-inflicted, I'd have a hard time making a case. I pretty much dropped it at that point, until finding this forum. I don't care about the money. But, to me, the fact that a doc would provide sub-par treatment just because wounds were self-inflicted (and yes, I have diagnosed mental illnesses, including major depressive disorder, which contributed to this action. And they'e disabilities. So to provide a worse standard of care just because the wounds were by my own hand seems unfair to me)

Pics have my unique identifying tattoos obscured

Pre-suture: [Pic (warning: somewhat bloody/gory)](http://i.imgur.com/5iLjCFC.jpg?1)

Post-suture (at prompt care <20 hours later): http://i.imgur.com/KGltCH6.jpg?1

Also, I have no financial interest in this. I am lucky enough to have really good insurance, and my father pays my medical bills (as court ordered, and, trust me, he can afford it). So this isn't looking for money. I just don't think it's fair that the doc treated me this way, and I don't want him to get away with it.

Edited to add: I also have a sober and reputable witness for all of this. I don't have family in the area, so the person who took me to the ER is an ex-prof/friend/adopted parental figure of mine whose lab I used to work in. So he has a PhD and was totally sober at the time and can corroborate all of this info

Answer:
 Wow, those are some nasty wounds. I hope you're seeing appropriate psychiatric professionals.

Malpractice lawsuits are all about money—money to pay for medical bills or to compensate you for permanent injuries caused by the doctor's poor treatment. If you don't want money, you don't want a malpractice case.

If you want to see the doctor disciplined, you can report him to the hospital he works at, which can have the same sorts of consequences any complaint to an employer about a bad employee might have. You can also file a complaint with your state/province/nation's medical board (I didn't notice your location in your post, though I might have missed it); they're the body that licensed him to practice medicine, and they can discipline him in many ways, from issuing a public reprimand all the way up to revoking his medical license.

If you do file a complaint with either the hospital or the medical board, make sure to mention the names of the prompt care doctors, since they can vouch for the inadequate job the ER doctor performed.


Title: [MA, USA] Mechanic cut out a structural piece of my cars frame and didn't tell me. When I noticed, they offered to weld it back in. Their welds have now failed. Part value is ~$800.

Question: Is there any recourse here? They cut it out last August, I noticed it in Sept or Oct. It's been a while.

Answer: Out of curiosity, what the hell were they doing where they thought cutting up your car was a reasonable option?Answer #2: if they dont put it back to 100% for free, lawyer up. take it to another mechanic have them inspect it and confirm what your suspicions are. make sure you have evidence before going in there. Answer #3: I sure wouldn't accept 'let me weld that back on there' for the exact reason you pointed out... the welds failed. If they truly did structural damage to the car, I would be suing the shit out of them for entire value of the car.


Title: (GA) Aggressive dog in apartment complex keeps charging at me

Question:
Hey y'all. I am a 24 year old male just moved into a new apartment 3 months ago our apartment is allowed to have dogs. as long as there not over 75 pounds. there is a resident with a big dog ( more than 75 pounds I think) that is very aggressive to me (probably scared of my wheelchair) I have talked to my apartment staff about 3 weeks ago and they said they will look into it. well Fast forward to last night I was getting something out of my car and was waiting on the elevator the resident and his dog was in the elevator. when they elevator door opened and the dog tried to come at me. Lucky the owner grabbed the collar of the dog and literally had to pick the dog up and hold him as the dog was trying to get free to come after me.  I love dogs and have several at my parents house but this dog would tear me to pieces if it got the chance. I am afraid its going to comedown to either the dog biting me and having the police involved or I will defend my self and use my concealed carry weapon when he charges at me. what should I do? I am going to my apartment staff today to tell them again that  the dog tried to come after me.
Edit I just googled the dog to see if I can find a picture apparently its a Rottweiler
also IF i had to use my weapon what should I call the police after or animal Control?

Answer:
 I'm sure you could probably work out on your own how terrible it would be to fire a weapon inside a closed space like an elevator even if it turned out alright. If you missed the dog, you could be in some relatively major shit whether you hit anyone else or not.

So do go to the apartment staff. You might suggest that the dog need to be muzzled, so maybe they have an idea of how to proceed themselves (instead of the seemingly common problem of them not wanting to make the tenant get rid of the dog, but not knowing what else to do to fix the issue).

Also if you can, invest in a can of pepper spray. They also have gel ones that don't vaporize (and affect anyone else nearby) you might want to look at.


Title: (IN) Landlord is trying to raise our rent by 15% if we renew. What steps can we take to prevent that?

Question:
Located in eastern Indiana.

Some details:

* We live in an income-controlled complex. I forget the term, but basically how much you make decides how much you pay.
* Our income hasn't increased. If anything, it's decreased since my girlfriend is now out of work.
* Our landlord said that she can "work with us" to lower it, but I feel like they're trying to swindle us out of more money.

I'll try to provide more information if asked.

Answer:
 Gotta know the term. Different subsidized housing has different rules about different things. Check your lease.

Is there an agency you can contact?


Title: I robbed my previous employer

Question: [deleted]

Answer:
 He extorted you, which is also illegal.

He probably isn't going to call the police, as that would land him in legal hot water.


Title: My company keeps at work without putting me on the clock

Question:
Hi all, I'm new here so I apologize for any formatting problems.

I recently got a job at a car wash after a long time of not hearing anything back on job applications everywhere I applied. I got to work at 10:30, like the management asked me to, and writing this now at 11:30 I still have not been clocked in because almost no cars have come through thanks to the overcast and rain chance.

Is the management legally allowed to call me into work if they aren't going to clock me in when I get here? I fear complaining because I NEED this job else I become homeless next month.

Answer:
 No.  If you're paid hourly, they are required to pay you for any time you are required to be present at work.  What they're doing is illegal.

That being said, they almost assuredly know this and are doing it on purpose to save money.  There's a real chance that they fire you for complaining because they're a small business that does stupid things.  It would be a wrongful termination and you could file a labor complaint in your state, but none of that will pay your rent next month.  If you can access the web while you're waiting, use this time to apply for other jobs and get out of there ASAP.


Title: A landlord is threatening to take me to court for a hold deposit check I canceled after not being able to get a hold of them before the dated time of the check.

Question:
So there was an apartment I was interested in so I filled out the rental application and gave this person the $25 fee, after what I assume a background check was performed they let me know I could rent it but required a hold deposit check, which was fine. I gave it to them on 9/18 and it was dated for 9/21 so I could have a bit more time to think about it. On 9/20 I decided the place wasn't right for me and sent them a text (this was how they wanted to correspond) informing them I was not going to take the place. I didn't hear back from them so I called and left a message. Finally after not hearing from them by the next day (when the check was to be cashed) I called my bank and canceled the check.

2 days later on 9/23 the landlord texted me back stating he was sorry to hear I wasn't taking the place but that I was fully aware that the check would be cashed. I didn't respond. Today he texted me that the check came back canceled and that I should expect to hear from his lawyer and that I was fully aware I would lose the deposit if I chose not to take the place.

I looked at the rental application I signed and made sure that nowhere did it state anything even involving any sort of contract (or else I wouldn't have signed it in the first place) It was simply an application with name, address and other pertinent information pertaining to a background check. I responded to him that I was not aware of any sort of legal contract and nowhere in the only signed document I had did it state it and that the check was dated 9/21 and that I informed him on 9/20 that I would not be taking the place and after not hearing back from him before the dated time of the check, I found it necessary to cancel the check before it was cashed since i didn't receive acknowledgment from him. He responded back in a very condescending tone with name-calling and stated the check was a legal document and not to ever text him again and only speak to his lawyer. Just completely unprofessional and not in a very business like manner.

Is this guy bluffing to try and get me to give him money or is this legitimate and he can really have his lawyers contact me? We had only been in contact for a few days from giving the application, to deciding not to get the place. We weren't moving in for another month anyways and the place had been vacant for over 2 months. I don't see how he lost any sort of time or money.

I already filed a police report for harassment, but should I contact a lawyer?

Answer:
 You had an oral contract with him that you would give him the hold deposit in exchange for him giving you an option to lease the apartment.  Post-dating a check doesn't necessarily make it invalid or prevent the bearer from cashing it before the date of the check; at most, it determines when the check will be cashed.  I don't know what state you are in but you need to look up your state's law on wrongful dishonor of a check.  Normally you have some period of time to make the check right before you would be liable for additional penalties over and above the amount of the check.

It may be the case that the oral contract for holding the apartment isn't enforceable in your state, but it's almost a certainty that the cost of an attorney to figure that out for you isn't worth it.


Title: What does the law say about creating fake profiles on dating apps?

Question:
Recently I found out my ex had been cheating on me while we were dating. simultaneously while physically cheating on me he was also active on online dating apps. I was beside myself when I found this out.
In an attempt to try to warn other girls that this is what this guy is up to, I wanted to create a profile using his name and photos and just put some sort of warning on there. Not planning on having actual conversations with anyone on there.
Seriously, this isn't an attempt at revenge, it just kills me that the apps make no effort to control this behavior and let people abuse the service in this manner.

Answer:
 >Seriously, this isn't an attempt at petty revenge, I doubt this will have any effect on his life, it just kills me that the apps make no effort to control this behavior and let people abuse the service in this manner.

You are likely opening up some sort of liability. It's a terrible idea. Also, why should it be the services responsibility to police their users? It's *his* responsibility to remain faithful.


Title: (FL) Bought a digital service, seller has since deactivated my product keys

Question: [deleted]

Answer:
 >Should I file a chargeback?

Yes.


Title: Got caught with a traffic cone in my trunk and it only took 4 cops to find it.

Question: I got caught with a traffic cone In my trunk in ny.  Told the cop I didn't do it and someone else put it there.  Kinda wondering if I'll just get a fine or could I go to jail for this even though I have a job.  Hellp??

Answer:
 Having a job is not an exemption to going to jail. You could very likely be charged with theft of city property. Will it happen? Couldn't really say one way or the other. Cops probably didn't want to do the paper-work over a relatively petty offense. That being said if you are charged the odds of going to jail are slim to none. Answer #2: I'm a little confused.

There is nothing illegal about having a traffic cone in your trunk. I have 5 or 6 in my garage right now. They even sell them at Lowes and Home Depot.

Did you admit to stealing the cone? Or did it have "Property of the City of XYZ" stamped on the side of it?

*Edited to remove second part of question that OP answered in another post.


Title: Pregnant teen sister, moving 5 hours away. Question about child support rights.

Question:
Hi. My 18 year old sister is moving in with me. I live in western Massachusetts she is coming from Delaware. She is pregnant by an abusive 30 yr old ex boyfriend. We do not plan to tell the ex about the baby. She will have completely moved up here to MA by the time the baby is born.

Does her ex have any right to the baby? If he finds out about it can he take her to court?

And does she have any right to try to sue for child support if she decides that that is what she wants to do?

Answer:
 >Does her ex have any right to the baby?

Sure, if the ex can establish paternity.  This depends on previous charges the ex may have on abuse.  Regardless, the ex can establish for paternity at the very least.

>If he finds out about it can he take her to court?

Yes.

>And does she have any right to try to sue for child support if she decides that that is what she wants to do?

Absolutely and it may not even be her choice.  In some states if a single mother applies for welfare, they apply firm pressure to find out who the biodad is.

If she changes her mind, she can go after child support.


Title: Boyfriend has a suspended license

Question:
My SO currently has a suspended license due to unpaid ticket. He will get it paid ASAP but money is very tight right now. We have been without a car for a few monthes. Yesterday I was able to have a friend at a dealership pull some strings and get me a car with no money down and manageable payments! Woo hoo! Life has been easy with no car and an infant

So I'm wondering what the worst case scenario is if I let my boyfriend borrow my car occasionally before he gets his license back? What if he had the baby with him? Putting the baby at risk like that is NOT an option, but I'm still curious what would happen if he did it and got caught?

Answer:
 > So I'm wondering what the worst case scenario is if I let my boyfriend borrow my car occasionally before he gets his license back?

Arrest, jail time, vehicle seizure, even longer suspension or revocation.
Answer #2: > So I'm wondering what the worst case scenario is if I let my boyfriend borrow my car occasionally before he gets his license back?

He gets further citations, his license suspended longer, and possibly jailed.

He cannot drive now. There is no "but what if" exception to that.Answer #3: This is a terrible idea. Don't even think about. If you think money is tight now just wait until he gets caught. He would also not be covered by your insurance if he were in an accident.


Title: [IL] Sister is going through a divorce while pregnant...

Question: My sister has been separated from her husband for about 8 months now. He filed for divorce about 4 months ago, and things have been progressing slowly with the custody battle. She has a new BF and she recently found out she’s about 6 weeks pregnant. The day after she disclosed this to her soon to be Ex, he called her telling her that the divorce documents were being updated to reflect her being pregnant and that the judge would treat her poorly based upon her getting pregnant while still legally married. Is this true? Why does she have to disclose this in the divorce papers if it isn’t his child?

Answer: It needs to be disclosed because this is actually a fairly common question in divorce proceedings. As far as the judge having any feelings either way; the judge couldn’t care less. It needs to be disclosed simply to show her soon to be ex husband is not legally responsible for the child. She is fine.


Title: Can my mom take my deed?

Question:
I'm going to make this as short as possible. I was ran over as a child and $69,000 was put into an account I was supposed to have direct access to when I turned 18.
I don't really know how to explain this part, as I was still very immature with money, banking, and the legal system, which I'm sure my mother counted on, and didn't know enough to realize how wrong the situation was, let alone to ask questions. That, and I was too busy enjoying traveling for the first time so young. The money was SUPPOSED to be transferred to my own bank and my own bank account immediately, but my mother received the money on her own credit card in her name....she retained full access to my money at all times, with the the info to check online and move money. She told me she couldn't give me the card since it'sin her name, but that I needed to open a bank and then she could slowly transfer the money to me so I don't get taxed on a large sum being moved to my bank or some shit. So at no point did I EVER have full access to my money. At one point during the beginning all I had was a temporary issued card to my mother I could use until I set up an account or went in to the bank myself, so I took it to San Francisco for a few days. Well, nobody told me banks automatically lock cards when they're used far away from where they usually are. The only option I had was to go to Bank Of America and the lady freaked on my mother when the full explanation was given to her (at first she thought I had stolen the card) very angrily demanded to know why the money was in my mothers name and not mine. My mothers a great liar, I forgot what she said but she got herself out of it with the promise it would be transferred to me soon. Oh, how I wish I listened better...
I was never given full access to my bank except that brief moment at the beginning. This is important because it means I was never able to truly track what was being spent in my account, aka if my mother was sipping into it. I did begin to get suspicious toward the end when I had managed to somehow blow through that much money in around 6 months with only two big purchases, but figured I had just been more careless then I thought. Oh well, I honestly don't care that much anymore if she did steal money from me. It was a lesson learned and I'm confident I'll be in a position again to do this whole investing instead of wasting my money thing right.
HOWEVER, I made it clear I wanted to buy property. My mothers been talking about doing so for years and years. Coincidently, she decided the year I was paid was the perfect year to purchase her own property too! So, being the loving sweet mother she is, ushered me off to have fun while she looked at dozens of properties. And found one with two lots, each $22,000 for 20 acres. She told me that after I had fully paid off my deed for a year (so from that day on) I would receive my half of the deed.   And then it turned to "I'll receive the full deed in my name and then split the title." I didn't question her, I didn't ask to physically see the property, I never saw the agreement between her and the contractor, fuck I don't even know the coordinates or the name of who currently owns it. All I know is that I trusted her when I should've done my own research, I should've waited until I had seen it, I should've dealt with the contractor and asked him why two seperate lots are being forced to go on the same contract and why I can't have the deed until a year in after I've paid it all off. But I didn't, so please don't tell me those.
What I do need is this: I've never been close to my mother. She's a conniving, abusive, manipulative bitch. The year before I turned 18 she began to get better, or so I thought. However, now I fear this was all a plan to get me to buy her my 20 acres, and I fear I probably paid for quite a bit of her 20 acres as well. We got into a horrible fight in which we vowed not to speak to each other again except the the cause of my property, and now she is leaving all my messages about my deed on read. How hard is it going to be to prove I paid for my 20 acres when she automatically moved the 22 grand from the bank account with my money in it, but her name on it?

Answer: You need legal representation now. She could probably be held liable for a full audit of the account, as she’s not allowed to spend any of your money for personal reasons. Your lawyer will then look into not only the account and trust, but also the property purchase. Get an estate attorney asap. Don’t warn her, just do it. Let the law and the cops deal with her.Answer #2: Speak to a estate planning attorney.


Title: How to get a pool club to assist me with identifying the man who got me pregnant?

Question:
Hi everyone. This is a weird question but I’m desperate and need to find out something.

Approx two months ago, I went to a pool club with my bestie who brought me as a guest.

I met this awesome and amazingly hot man who is either a member there or was brought as a guest (like me) - I’m not sure.

After a few drinks, we ended up having sex in one of their family bathrooms.

Not my most self controlled decision in my life but hey, I made a choice and now I gotta deal with the consequences.

Because now I found out I am pregnant - yes pregnant. I haven’t decided if I am keeping it yet or terminating.

But I do feel like it is appropriate and responsible for me to identify the father of this baby/pregnancy.

I called the front desk of the pool club explaining that I was brought as a guest of my friend (and gave her name to verify) and that I became pregnant as a result of meeting someone who is either a member or was brought as a guest. And could they help me identify him.

They do take a photo of every guest and their membership system also has photos of all their members.

It wouldn’t be hard to identify this man because he has very visible and identifiable tattoos and piercings and also has a small scar on his cheek under his eye.

Except they refused to assist me. They said that their membership is confidential and that they wouldn’t comply with my request.

My question is - since my option avenue for tracking this man down at the moment is this - and because they won’t help me based on my initial polite request... how can I get them to give me this information?

If I got a lawyer could they subpoena the membership list? Is that an option?

Or does anyone have any other ideas on how to help.

Because I really want to do the right thing and inform him and have a discussion on if he would want to be active in the possible child’s life and such. Like I said I haven’t ruled out terminating but I haven’t ruled it in either.

Location = Montauk, NY

Answer: The club has no requirement to help you locate him. You will not get a subpoena for this.


Title: [NYC] Can my employer force us to stop flushing toilet paper?

Question:
Bit of a weird one.  The toilet at my workplace is perpetually clogged and the super refuses to do anything about it.  My boss doesn't want to hire a plumber, so the solution is that we now have a new wastebasket across from the toilet and a sign instructing us that all toilet tissue must be disposed there.

This is pretty damn unsanitary and it doesn't smell great.  Is this something OSHA would be cool with?  I don't want to sue my employer or anything but I'm not cool with this.

Answer:
 Here's [the OSHA standards](https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9790).Answer #2: Just as a thought, I've lived in a couple of countries where this is standard practice because the typical plumbing can't handle the paper.  Wastebaskets need to have covers and be emptied daily.  I agree that it's an unacceptable situation in this context, but it should be survivable until you can get an actual solution implemented.

Edit: is your boss by any chance from a developing country?  Might explain why they think this is OK.


Title: Family member being accused of hit and run (Georgia)

Question:
Good afternoon. This morning my sister was in a minor accident - the woman in front of her hit her brakes in the middle of the intersection and my sister hit her brakes, too, but skidded into her (raining down here in the South). There is a 3-4 inch dentless scratch on the front car, and my sister's car is undamaged. So, I've read that it's almost certainly going to be down to her fault for not following with enough space to anticipate the stop.

Fair enough - but, after exchanging insurance information both ways (my sister has the woman's details, too), the police called and said they were responding to a hit and run report. The woman told the police that my sister just drove off!? The cop seemed reasonable and said to forget about it, but she's obviously concerned about what's going to happen now - the insurance stuff is expected, but is there anything she can/should do to protect herself should something come of the hit and run? She has all of the woman's information from the exchange, and the woman has her information (not sure how the woman explained a hit and run in which she got all of the insurance info - did she just give the cop the license plate and said she saw it?).

Weird situation. Any advice would help a great deal with peace of mind. For now I just told her to write down everything that happened while it's fresh in her mind.

edit: I've never been in an accident. As an additional curiosity, is it normal to call the police or with minor dings and dents is it normally an insurance-only issue?

Answer:
 I think that the police will agree with me that this isn't a hit-and-run.  Your sister stopped and exchanged information.  Unless there's a local law that requires police to respond to small accidents like this, then she did everything right.  My guess is that the other driver called because she mistakenly expected the police to come out - until your sister is charged with the hit-and-run (which is incredibly unlikely), she shouldn't worry too much about it.

She should call her insurance company and pass along all the information on the events to them so that they can deal with the other driver.


Title: Could I legally make a citizen's arrest on someone who is feeding the wildlife in a public park where it says "do not feed the wildlife"?

Question: I wouldn't actually do this, but I've wondered about it.  There's a bridge in Central Park where people toss bread down to the turtles and raccoons and ducks, but there is a sign posted that says not to feed the wildlife.  Is it technically a criminal activity to feed the wildlife, thereby justifying a citizen's arrest?

Answer:
 Absolutely not. You must be insane to do this.Answer #2: New York allows you to use reasonable force to detain someone who has committed an offence -- that is, a crime enumerated in the New York Penal Code. Feeding the ducks is, at most, a municipal bylaw violation, not an offence.

Citizen's arrests are almost never a smart idea.


Title: Older brother passed away, fiancé won't give my mother some items she wants.

Question: [deleted]

Answer:
 Common law marriage usually DOESN’T apply, especially since they present as engaged and not married.

I assume there wasn’t a will, in which case your parents need a probate attorney. Answer #2: Your parents need to get a probate attorney. You don't mention, but was there a will?

Your brother's debts pass to the estate, not to your parents or his fiance. If there was a cosigner on the student loans, that person is probably now responsible for them.


Title: [CA, US] Landlord never repaired blinds; blinds broke my computer

Question:
The day I moved into my new apartment I complained to my landlord that the blinds in my room were broken (broken individual blinds, they dont raise or lower, and they come disconnected and fall off frequently). This was about a week ago, and since then the issue has not been fixed. The blinds have come off many times, cutting my hand in the process, and now landing on my laptop, breaking the keyboard and requiring repairs.

Am I legally guaranteed compensation for my laptop repairs since  this is a maintenance issue that was previously brought to their attention?

Im in  Berkeley, CA if it helps.

Answer: Why would you keep your laptop underneath something you know is broken and prone to falling down, apparently with enough force to cut your hand?


Title: "Yield, it's the law" sticker on the back of buses

Question:
This is in BC, Canada.

I've always noticed that on the back of public buses, there is often a sticker that says, "yield, it's the law". Is this actually the case? Is it against the law for me not to yield?

If a bus pulled out in front of me as I was driving and hit me (say the side of the bus hit my car), would I be at fault?

I suspect that it's not actually the law that you always have to yield to buses, and if that is so, are they actually allowed to post those stickers on the back of the bus?

Any clarification or links to specific laws/case laws on this topic would be greatly appreciated. Thank you.

Answer:
 Google is your friend...

http://www.drivesmartbc.ca/commercial-vehicles/yielding-bus


Title: My university website is now posting every students SIN number on their student profile uncensored

Question:
Hello,

For context this is in Ontario Canada.
Our university recently \[this morning\] has changed the website students use for basically everything (course enrollment, personal information, etc.). We have found that on our profile page they are posting our personal SIN's in plain text (so uncensored). Every website that posts someones SIN I have seen ALWAYS censors the first 6 of the 9 digits as if someone gets this full number you can basically steal their identity.

I am trying to get the university to take our SIN's down or have them censor the first 6 digits as it is a huge security problem. Is what my university doing by posting this stuff basically publicly illegal?

Answer:
 Your university likely isn't covered by PIPEDA, but it's almost certainly covered by an Ontario provincial law. I would reach out to the [Information and Privacy Commissioner](https://www.ipc.on.ca/?redirect=https://www.ipc.on.ca/)'s office for this, as well as pushing on your school's administration directly. A formal complaint through that office will likely light a fire under your school.Answer #2: It should be noted that it does require you to sign in before accessing your information*

It is still pretty ridiculous however the fact that if you try to view any basic information on your profile, the very first thing you see is your SIN, Completely unsolicited & unwarranted.


Title: My former worker accused me of sexual harassment, and it's cost me my reputation and my business. Please, help.

Question:
I'm a woman who owns a nail salon. Currently we are only employing female workers. One of them is a lesbian I will call "Emily". Emily is very much out and proud, and is vocal with her affections toward women.

Recently, after we closed shop, I was alone with Emily. Emily approached me, flirting with me, and getting very...close. I am married to a man, with two children, so I basically rejected her very gently at first. Emily began to push herself on me, so I told her to leave. I didn't have the heart to fire her, and I just thought she was feeling lonely and desperate due to her sexuality.

The next day, Emily began to act hostile toward me. She accused me of acting inappropriately toward her the night before to the other girls and the customers. Like she did it in a very catty way, trying to spread rumors behind my back (and failing). Days later, I found out via one of the girls that Emily has been publishing these accusations online on her social media accounts, calling herself a "victim of sexual harassment". When I told others that **she** had been the one trying to force herself on me, nobody believed me.

At this point, I fired Emily, and demanded she recant her statements. Emily double-downed on the accusations, and brought the police in. I was questioned, and I denied the accusations. Not long after, the charges were dropped.

However, one by one, the girls have been quitting and accusing me of being a "lesbo pervert". I am losing business, and regular customers are not coming around anymore.

Is there anything I can do, legally? Can I go after Emily for damages to my reputation and to my business? How do I file for this?
Topic:
Douche

Answer: Defamation and libel lawsuit as well as other business torts.  Talk to a lawyer.  You have real damages to your business and reputation.  It's **not** true you have to prove them false, in some situations defamatory remarks can be 100% true and still be defamation.


Title: [TX] Can my parents legally abandon me?

Question: [deleted]

Answer:
 How long until you are 18? They sure can at that point.

Edit: They would need to go through an eviction process to get rid of you, they can't just throw you out as you are a tenant (even though you don't pay rent).Answer #2: No.  You call the police if they kick you out.Answer #3: Not now they can't. If they do kick you out before you are 18, you need to notify CPS. When you are 18, they can evict you through an eviction process (as stated by the other poster) but not just kick you out right away.

You probably aren't in school right now but when you do get back I would notify your school counselor if they are still doing this at that time.


Title: North Carolina - Employee Caught Embezzling

Question:
[removed]
Topic:
PII

Answer:
 Someone who steals over $30k from a friend, is not a friend. It's reasonable to assume he would never repay the money. Even if he did, repaying $200/month will take over 12 years with no interest.

Also, the store is easily googleable from the information you provided. Might want to delete part of it, where you say that he won't be able to pay.


Title: Im the Landlord How do I ask my tenants to move?

Question: My tenants pay on time no issues with that.  But, they want me to look for mold and fix a mold problem that doesn't exist. We signed a lease until November, they don't want to move because they just moved to the house in November.  Additionally, I applied for rental permit in my city and they are asking me to fix a few things that i just don't want to fix as financially it makes no sense for me.  I am knocking the house down next year.  Can I ask my tenants to move out and break the lease, I'm the landlord in this situation. I would rather just have the house stand until Im ready to knock it down. I don't need the hasle of dealing with fixing a house I'm knocking down.  Can I legally ask them to leave and break the contract as a landlord. Michigan.

Answer:
 You can't break a contract you've made just because you no longer want to follow it. You can *ask* them to leave, and you can even pay them to leave, but they don't have to accept your offer.Answer #2: You can ask anything. They can decline because they have a signed lease. Answer #3: We need more info about the mold problem. Is it black mold and making people sick or are they making a mountain out of a mold hill? I'm thinking the more serious of the two because you're knocking down the house. You're lucky they haven't called the board of health and reported you.

Mold isn't something to just brush off, it can mess people up.

Edit: If you're so sure the problem doesn't exist then send an inspector over there yourself to appease them. Answer #4: why are you renting out a place, without a rental license (from what it sounds like)and with a mold problem that is so bad that you are going to demolish the entire structure?!


Title: Tenant had stroke and is unable to write/sign lease renewal

Question:
(Indiana)

I have a resident that is up for renewal and wants to renew her lease, but she had a stroke recently and said that she can't physically sign the paper. She said that she can scribble but it doesn't really look like anything. She doesn't have a family member with power of attorney. I've never had this come up before. Do illegible scribbles count?

Answer: Assuming she still as the capacity to contract, just hire a notary to witness the signing.Answer #2: Yes, if she made the mark it's her signature, even if it looks different due to the illness. If you want to be double sure, you could have it notarized.


Title: Landlord withholding security deposit,wants money.

Question:
I am a PA resident,I recently moved out a rented property.I agreed to pay $600 for repair to the sewage system.The landlord is now refusing to give me my $1000 security deposit until I pay the $600.
My intent was to pay him with the security deposit,and receive the difference.

He told me the bank will not release my money until "they"(the bank) receive my $600. The paper I signed for the plumbing said the pipe was (I found out afterwards) false. I was told the plumbing was damaged because I had a lot of friends over. The downstairs tennant told me the rain and snow destroyed the pipes (as the landlord told her). I don't know if I can get out of paying the $600, but please,I really need my money,how can I go about this?

Answer:
 If he doesn't return the balance of your security deposit in 30 days PA law says that you can sue the hell out of him.

Your State also has a special restriction that he might not be following through on:

> For security deposits over $100, landlords in Pennsylvania must deposit the funds in a federally- or state-regulated institution and give the tenant the name and address of the banking institution and the amount of the deposit. Also in Pennsylvania, tenants who occupy a rental unit for two or more years are entitled to interest paid on the security deposit beginning on the 25th month of occupancy.

I suspect the reason that he didn't deduct the $600 from your deposit because he didn't actually deposit said money with the authorized institution and doesn't currently have the money to pay you, and is trying to get you to waste your time trying to extract money from the bank. That's really not cool.

[Here is the relevant law](https://www.thelpa.com/PA_landlord_tenant_act.pdf) (Warning it's a PDF). Review section 250.511a to 250.513. It says that if he doesn't pay you out in the 30 days then the court can issue *double damages including interest* (in your case at least $2000). Seriously, you aren't obligated to pay the guy additional money and the guy really should be paying you sooner rather than later.

Check out [legal aid](http://www.palegalaid.net/) if you need additional help.


Title: Professional House Hopper

Question: My neighbor is a kind hearted old man, been living there for years and years. Anyways he let a lady take refuge there because she was homeless. Couple months later he asked her to leave and she wouldn't so he served her eviction papers. After his lawyer failed to reach her at the house, he and a sheriff came back a week or so later to serve her the papers again and i assume with the sheriff there it was successful. Also assuming she has about a month to pack her things and leave, she filed a restraining order against him. We have not seen him in a week or so and he is technically not supposed to return to his own home for the next 3 or so weeks. Is there anything he can do?

Answer: Let his attorney handle it. He should know much more of the facts than a paragraph written by a third party, the law, and the local judges. No one on this board will be able to give better advice then your neighbor's attorney.


Title: [CA] Father has cancer, needs to register for medical, wants to transfer home ownership to me

Question:
My father was diagnosed with cancer 2 months ago. It is stage 4. We are not sure how much time he has.

He is starting chemo in a few days.

He cannot afford any health insurance anymore and he is planning on getting medical.

His concern is he is over 55 and he has read about the Medi-Cal Recovery. I.E. they will take the house after he passes.

I understand there is a clause for:

Surviving spouse/Registered Domestic Partner

OR

Surviving Minor/Disabled Children

OR

Property transferred prior to death – no longer in the
beneficiary’s name.

OR

Property not subject to probate, e.g., living trusts, joint
tenancies, survivorship, life estates, mobile homes, and
other manufactured homes.

He has asked to put the house under my name. My concern is I'm turning 23. I don't live in CA. I plan to purchase a house of my own within two years and would love to be able to use first time home buyer programs in TX.

What is the easiest way I can help my father but also make sure I don't get screwed over?

Answer:
 I believe it's too late anyway. There's a look back period of a few years to prevent just this.Answer #2: Not a lawyer.

You can speak to an attorney but the look back period in South Carolina is five years.

The good news is that while he is alive medicaid will not take his house at least in South Carolina.

Has he applied for social security disability?
They have a "fast track" to get some disabilities approved quickly.


Title: Texas - how to avoid buying a home in HOA

Question:
My husband and I are new to Texas and looking for a home to purchase in North Dallas.  We want to live peacefully without the interference of our neighbors. We mind our own business and keep to ourselves which is what we expect from people who live nearby.   With that being said, we do not want to be associated with an HOA in any way shape or form.  After doing some research I've found that an HOA can be formed after you've purchased your home. How can we avoid this?  Has anyone dealt with that?

Why would anyone want to live in an HOA community.  Seems like hell on wheels to me.

Answer:
 While I agree with yo on HOAs be aware there are benefits.

For example, we commonly read on this sub about homeowners suffering issues because their neighbors don't upkeep their property--vermin, leaks, drug dealing, what have you. Were they in an HOA the HOA would easily be able to go after the neighbor (at least more easily than the poster can).

However you have nothing t worry about if you don't buy a home that's already part of an HOA--you cannot be forced to join one that's formed after you buy (although their have been posts here where HOAs lied and tried to claim that). In fact I'd argue that would be the best of both worlds: be a non-HOA member in an HOA neighborhood. You get the benefits of the HOA's enforcement (nice lawns, no junky cars on cinder blocks in driveways, what have you) without being subject to it yourself (so go crazy with that neon paint!).


Title: Easement Question

Question:
I closed on a property yesterday. When we went for the final walk thru there is an Edison Utility Pole in the backyard that wasn't there when we went for our inspections or during Escrow. They put it in between January 13th and yesterday. First of all we didn't know there was a Utility Easement and second Edison said the owner gave them permission to put it there. I asked when and they said they were given permission on January 8th. We were in escrow then and no one told us about it. When we went for the inspection there were trees taken down and we put that we wanted an explanation in the R&R's why that was. The seller NEVER said it was to clear space for a pole. She said, the trees were too tall and interfered with the wires in the neighbor's yard.  Again no reference to they cleared it for a pole.
Edison came out with a crane and put that pole in. They needed access to the driveway and backyard and the seller is pretending she didn't notice a pole was put in??! She also checked no on the disclosures form about Easements.

What do I do?? If I had known about the pole I would not have purchased the house. Or I would've asked for a price reduction. I feel duped.

Who can I speak with?? We put all of our savings on the downpayment and deposit. Are there lawyers that take this on as a contingency?

I'm in Southern California.

Thanks!

Answer: You went through a final walk though... Noticed the pole... And closed anyways?


Title: Deep frying food in my apartment torched my kitchen (my fault)... Landlord has no hazard insurance or landlord insurance. Landlord has now made a "deal" with me to replace cabinets, stove, etc. with deals on Craigslist on the cheap to salvage whatever is left from my security deposit. Need advice.

Answer:
 *I am a bot (not really) whose sole purpose is to improve the responses for rental related questions in this subreddit.*

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**It appears you forgot to include whether or not you have rental insurance in your post, and if so, what they said when you called to file a claim.**

**Please update the original post to include this information.**

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[Report Inaccuracies Here](http://www.reddit.com/message/compose/?to=grasshoppa1) | [Author](/u/grasshoppa1) Answer #2: Your landlord not having insurance is not as relevant as you think. Even if they had insurance, his insurance would come after you for the damage.

> He's screamed at me on the phone for telling him that I don't think we should be liable for replacing things that weren't damaged in the first place.

Don't let him scream at you. Hang up on him if he does that. Even though you did something dumb that doesn't mean he can't communicate like a civilized human being.


Title: Washing machine broke leading to $5k in damages, landlord wants us to pay

Question:
# Info

- Downtown Toronto condo
- We have rented from the landlord for the last two years
- The tenants (my fiance and I) have tenant insurance ($1000 deductible)
- The landlord claims not to have insurance for the property
- The landlord claims we are at fault
- The landlord owns the washing machine

# Story

1. The washing machine did not stop filling with water and overflowed
2. Water flooded the room and lead to damage in three locations: building a common area, the unit below us, our unit
3. The landlord immediately replaced the washing machine with a new one
4. The building sent an invoice for the repairs to the landlord
5. The landlord has asked us to make a claim with the tenant insurance for the repairs
6. The tenant insurance says it probably got to be the landlord since they own the washing machine

What do you think I should do? Are we at fault? Do we owe this money?

Answer:
 You pay rent, owner maintains property. That’s how renting works.Answer #2: > What do you think I should do? Are we at fault? Do we owe this money?

You don’t have to do anything, other than reporting the defective washing machine to the landlord, it’s not your washing machine.

You are not at fault.

You do not owe this money.Answer #3: Do you know why this happened? "The washing machine did not stop filling with water and overflowed"Answer #4: Quite honestly I would think homeowners insurance (which the owner pays) should be responsible. He might be obligated to carry homeowners insurance - and even if he doesn’t it’s on him.Answer #5: https://torontotenants.org/services/hotline


Title: (OH) False sexual assault claim. Meeting detective please help asap.

Question: [deleted]

Answer:
 absolutely do not speak with this detective without a lawyer present. Answer #2: DO NOT DO THIS.  YOU NEED AN ATTORNEY.
Seriously goto youtube and watch "don't talk to the Police".

AGAIN YOU NEED A LAWYER.  DO NOT SAY ANYTHING
TO ANYONE ELSE.


Title: Landlord claims parking lot is "Water Retention Area" by EPA Law

Question:
Ok reddit I need some help here.  I recently moved into an apartment complex and every time it rains our parking lot floods.  The lot is kind of sunk down in the center and turns into a pond whenever there is a hard rain.  I haven't measured the depth, but it has definitely filled up to at least 6" or so.

My landlord sent an email to all of the tenants stating that there was going to be some construction going on in the parking lot to fix the drain and that we should park in the street. I figured this meant there would be no more flooding - but they never came and did any construction.

So yesterday after a storm I was fed up and sent the following email:

*Do we have an update on the parking lot situation? Frankly it is getting to be a problem. Yesterday the lot was so flooded that I could not get my car out of the lot.  This could become a problem if I have meetings to go to and am unable to leave.

Not to mention the possibility of damage to our cars if we get a really bad storm.  I know that you are working on the issue and we have been very patient, but I feel like this should be a pretty high priority as it is a safety concern at this point.*

This was her response:

*How long did it take for the water to drain out of the lot?  The lot is supposed to act as a retention area, EPA laws.  I really can not do much about that problem.  I am raising sewer 2 inches which should lessen the depth.  If you know it's going to rain, my only suggestion is to move the car into the street.  This would insure you getting out if you have appointments.  You can still drive through the water, I'm sure it will not damage your tires.  The water level has never reached the height to cause any damage.  The only reason I am having any work done to the sewer; as you notice the asphalt around the sewer has sunken.  In the winter,  as snow melts it accummulates in the sunken area, refreezes and causes a possible slip hazzard.   This is my main concern.   If you park your car next to the wooden wall, you will have no problems as the water does not normally reach that area.  I noticed you like to like to park in the stalls against the building, the water accummulated most where the sewer is, as that is the lowest point of the lot.*

Is this a real thing? Can a parking lot be a retention area?  I understand that the water has not caused damage YET, but it could.

Also I am frustrated with the response - She is just ignoring the problem and giving me a workaround.  If I tell her that my front door is broken, is her solution to use the back door?

Answer:
 A parking lot is NOT a retention area, ever.  There are products made to store water UNDER parking lots, but not ON them.  I've designed parking lots and detention areas; in most places the DEQ or whatever agency is responsible for water quality would ban that by statute.

Even if it isn't banned, using a the top surface of a parking lot as a retention area would be stupid, because you are putting extra stress on everything and degrading your subgrade faster, making the lot not last as long.  It just isn't done.  Potential damage to vehicles is also way too high.  You could flood a sports car pretty easily, and no one wants that kind of liability.

This doesn't sound like something your landlord would lie about, some idiot probably told it to her years ago and she believed it.  It's just such a stupid thing to say.

Try reporting it your city department of public works, you may have a clogged city storm drain downstream of your parking causing the backup.

If they say the problem is on your property, you might point out to the landlord that by not performing necessary maintenance, she is creating a hazard and would be responsible for any vehicle that is damaged due to her negligence.


Title: Can my friend legally be my "Legal Adviser"?

Question:
I am attempting to send a letter to a company that I was working with due to a, from my POV, breach in contract. I have contacted legal counsel but do not want to enlist their services until I first contact the company myself to try to find some solution. I wrote letter and at the bottom I have put my company and name and also my friends name and his title as my "Legal Adviser". Is this legal? If he is just providing me basic legal advice but has no qualifications he technically is advising me is my thought. I am doing it to make the individual who runs the company take this seriously as he seemingly has not thus far. Will I run into any complications if this letter is used as evidence in court? Located in Toronto,ON, Canada.

Thanks!

Answer: Don't do that. You're getting your buddy up for an unauthorized practice sanction.Answer #2: Putting your non-lawyer friend's name on the letter is not going to make anyone take it more seriously.  Just sign it yourself.


Title: Public high school requires student to divulge their sexuality.

Question: [deleted]

Answer:
 What happened if the kids refused to answer? There are plenty of things schools pretend are mandantory that are actually optional voluntary things. Answer #2: Are you talking about [this survey](https://public.health.oregon.gov/BirthDeathCertificates/Surveys/OregonHealthyTeens/Pages/index.aspx)? Because it does not ask for name or email; moreover, on the first page it says this:

>**DO NOT WRITE YOUR NAME ON THIS SURVEY.**

>**The answers you give will be kept private. No one will know how you answer.**

>This is NOT a test. There are no right or wrong answers, and **your participation in this survey is VOLUNTARY**. Please be honest with your answers. **If you are not comfortable answering a question, you can leave it blank.**

>Please do answer each question you are comfortable with answering. Just because a question is asked, that does not mean that we believe you have engaged in a particular behavior or that it is appropriate. Each question has a response to indicate if you did not engage in that behavior. If you don’t always find an answer that fits exactly, use the one that comes closest. If you are not sure what a question means, just leave it blank.


Title: Disgruntled employee brought in an assault rifle and I want to tell my boss to not put me at that job location anymore, but I fear i'll be fired for refusing to work.

Question:
I work for a mine as a security guard. we are a contracting company hired by this mining company but due to their own rules we, or anybody on the property, cannot have a firearm. permits do not matter.

 A week ago a disgruntled employee who works for the mining company brought in an AR-15 and had camped out in the mines after everybody left on the weekend. In the process he had removed all security cameras, & cut all power out from underground so on monday morning the work day started and when the employees went down into the shaft he had the gun pointed at them, had he went through with it he would have shot all of them- there would have nowhere to go. they said he was just standing there, in the darkness, waiting for them. He had a list of everyone he had a problem with and planned on killing himself afterwards. well the company fired him and didn't press charges because they wanted to keep everything sort of hush hush, out of the media spotlight.

No charges were made, so what's going to stop this guy from coming back? We cant have weapons to protect ourselves. im only 1 or 3 females and I feel like I wouldn't be able to stop anybody physically from causing harm to others. I want to tell my boss to get one of their more able-bodied officers to patrol the area. I have to be there tomorrow for 12 hours because they dont have anybody else to do it but it's getting to the point that I don't really care. they refuse to train anybody else so im the only qualified candidate, which is bogus. they hired 4 new people but because they have excuses (one can't work 12 hour shifts, one cant work weekends, etc) im stuck dealing with it. I want to tell my boss the next time he wants me to work that location to get someone else to do it because im scared for my safety. I have to deal with it tomorrow but i want it to be the last time i deal with it, do I have a right to refuse working at specific locations? especially if i fear for my safety?

Answer:
 > do I have a right to refuse working at specific locations? especially if i fear for my safety?

Yes, you do.

Your employer also has the right to fire you for insubordination.


Title: [Georgia] Court Tomorrow! DUI. 25 Year Old Female. First Time Offender. And Broke with No Lawyer! HELP !

Question: [deleted]

Answer:
 I really thought we had in the Wiki something about the whole "I have to go to court tomorrow - help me NOW!" thing.

*Warning. I had an interesting Monday and I'm tired of people trying to lie to me and ignore reality* I'm out of patience and I'm going  to give you the real deal.

You will go in tomorrow and you will be asked to say something. Say you need a lawyer. The court will figure out if you can afford one. If you can then you get to go find one. You PROBABLY should have taken some time to research and find one before you decided to ask a group on Reddit a few hours before you went in to plea.

You think this is going to be all OK but this is going to cost you a crap ton of money.

*TL:DR Snowflake will give every excuse under the sun - including needing glasses - for driving drunk and getting arrested*

> Any advice on how I should proceed in court tomorrow would be useful !

Get a lawyer. Stop talking and trying to come up with excuses.

Stop explaining how you were drunk and driving and apparently were driving in circles and you couldn't find your "friend"

Volunteering you were drunk and then explaining you were drunk doesn't help.

You can try that tomorrow if you want.

You can get a lawyer or you can tell the judge what you told us. It's up to you (Not recommended)


Title: Breaking lease by secretly moving out of apartment in Brooklyn, NY

Question:
tl;dr—what’s it spell when you break your lease by secretly moving out of an intimidating, probably illegal apartment in Brooklyn (zip 11216).

My boyfriend and I broke up and are on a year lease. We are also still great friends with each other and still living together and that part is fine.

However, we live in a brownstone that is completely open i.e. we don’t have a door of our own and our landlord is super volatile. His daughter lives in the basement level. His son has intimidated us, the landlord flipped when we called Con Ed (who shut off our gas because we had a rusted pipe to our stove), put some weird poison down when we had a mouse, get angry calls from his wife when we ask basic tenant questions.

The building is also zoned as A41 (single family dwelling—and we are no single family), violates a bunch of codes e.g. no chain lock, no peep hole, no access to all means of egress, etc. the list goes on.

We’ve paid our rent early every month (yes, early and every) and we’re actually quite sweet :)~ However, we know that if we were to ask to move out with a month’s notice on June 1 (our lease is up in August) that he would def. 1. say no 2. maybe would flip out n get violent.

Our plan thusly is to just secretly, ant-style, to move our things into our new places slowly but surely and then once we are out write him a letter explaining all the reasons that we took that course of action and that he can keep our security deposit of 1 month’s rent.

Does this sound… OK? We’ve tried to think of other options but this seems to be the safest/smartest… Any advice’d b gr8ly appreciated!

Answer:
 I'm not an expert in NYC landlord/tenant law, but the common law of contracts says that your lease is not enforceable because it is illegal. Accordingly, you could leave tomorrow and there isn't much he could do.

I will say that when I was in the "living in illegal Brooklyn apartment" phase of my life, it was an all cash arrangement with nothing in writing and all told worked out pretty well.


Title: Wife left with daughter. (OH)

Question: I came home from work last night to find my wife gone along with our 2.5 year old daughter and is now saying I may not see her unless she says so and it must be supervised. What can I do and what rights do I have? In Ohio

Answer:
 You hire a lawyer, go to court and establish a custody agreement. Short of that your wife can take the child and refuse you access. Answer #2: You have the exact same rights she has. That is, you already have the right to see your child. If she is refusing, she best have a damn good reason or this strategy will backfire on her. In a big way.

You need to file for divorce now. Right now. Like right now. The longer you let this go on, the harder it will be for you to get a visitation or custody schedule of your choosing. Between now and when you get an attorney, continue to ask to see your daughter. Respectfully. Do it in writing (like an email) so you have proof you were trying to see your child. Get lawyer asap. I can't stress that enough Answer #3: The big question is why is she keeping the child from you? Most folks that post queries such as this provide significant background. Is she alleging abuse?


Title: (NY) BIL is growing a lot of weed in his living room where I watch his kids. Can I be charged for child endangerment?

Question:
My sister is in an abusive marriage. Her husband has a lot of guns and whatnot and recently got into growing weed to make money. Sister has her days where I almost convince her to leave but she's dependent on his money, etc

So I'm a college student. Sometimes I watch my sister's kids while she's at her part time job (two year old niece and eight year old nephew).

I've been slowly able to coax her into leaving him but this week he escalated his weed enterprise into having an actual pop-up tent in their living room. I'm contemplating twisting her arm and saying I won't watch the kids until all the weed is gone. Then this whole tent thing happened and now I'm seriously considering it.

I've already covered her by talking to the county women's shelter. They know about the abuse, guns, and all that. A counselor there told me off the record that they'll protect her if we tell them about the weed too. Meaning that she won't be charged for child endangerment or something if/when they're taken down (I'll call myself if I have to—I want my BIL to be held accountable for forcing his family through this)

I've been spending all this time being frantic about taking care of my sister and the kids. Didn't even consider how I'd be affected till now. Can anything legal occur from this? I wanted to take action this week and get her moving out and start the process. Want to make sure everything in case anything happens between now and then.

Answer: If you're watching the kids when the SWAT team comes crashing through the door you can be charged with the weed as well as child endangerment. That's two felonies. Do not put yourself in that position. Period.


Title: what does retainer mean in legal language and how is it used in a sentence?

Answer:
 Sort of depends.
In movie or popculture speak, its a magic amount of money you pay a lawyer for the right to call them to have them perform other work for you that they charge for.

In real life, its an amount you put up with an attorney for them to bill against as they do the work.
As an attorney, you CAN sue your Clients for non-payment but IF you do your malpractice insurance carrier will raise the premium on your malpractice insurance so much that you might as well have not sued them.  This can lead to not getting paid.  To get around this, you get paid at least partially up front.  People are shy about that however, so you don't put it in your operating account.  Instead you put it in your IOLTA (Interest of Lawyers Trust Account) which holds client funds segregated by memo and from which you don't even earn interest (which given the size of my trust account, makes me sad), and bill against it.
When it starts to run out (I charge $200.00 an hour so when it hits $500 for me.  If I was charging $500 it would be $1000 etc) my engagement letter allows me to demand another lump payment to stick in the IOLTA and bill against.  If you don't pay, I file a motion with the court and withdraw from your case IE I quit.


Title: Employer did not do their due diligence before giving me a promotion. They are now trying to bully and demote me.

Question:
I was hired at my current employer in January of 2014 as an hourly employee.  In September of 2014 I was given a promotion to an Operations Manager of my own account and moved to a salary.  In November of 2014 my Supervisor approached me regarding the company vehicle that was to be assigned to me so that I would use (instead of my personal vehicle) to visit my client's various stores.  After running my driving record(which they ran when I was hired 8 months earlier) it was discovered by upper management that I did not qualify for the fleet insurance and could not drive the company vehicle.  I was immediately told that I could not use my personal vehicle and therefore could not perform the duties of the job but they would take no action at the present time to see if I could fix things on my end.  I was scared that I was going to get fired so I just kept my nose down and tried to stay under the radar as much as possible.  I never once complained about my 7 day work week because I thought it's what I had to do to stay in their good graces.

Change over in my upper management and I now have a new supervisor.  I call for a meeting with my new supervisor because I have received a job offer and wanted to talk to him about my future with the company and how my driving record might impact that.  He tells me that that my driving record will more than likely get me demoted and reassigned with a reduction in my pay.  I tell him I will not be taking the job offer from the other company because like my current job so much that I will just wait it out and see if he decides to demote me.

June 30 my supervisor takes me aside and informs me that I am being stripped of my title of Operations manager and my account it being given to another manager (who already has quite a large account that he's been running for 6+ years.) and that I am now to report to him as his assistant manager (he already has 2 of them.)

I no longer get to work from my home based office and must report to the new office for 8 hours.  New boss tells me that he doesn't have time to run my account as well as his so I will have to continue run MY account as well as support his.  This requires 12 hours of work per day, 4 of those hours from my phone before I go into the office.

tl;dr I am being demoted because upper management failed to do their due diligence before giving me a promotion and am now required to work 12 hour days handling the account I am no longer manager of as well as an additional job.

*Edit: I am employed in Washington state

Answer:
 Look for a new job, man. They're trying to get you to do the work, without the actual promotion. Answer #2: You told your employer about an outside job offer.  That's a risky move, sometimes good sometimes bad.  This time it went bad.  Absent a binding employment contract for a set term, they can fire you just for mentioning an outside offer.

Your career at this company is over (that's not legal advice, that's 20 years of being a corporate apparatchik prior to going to law school).

There is some discussion in some states (California, I think) that a promotion creates a kind of implied contract that you won't be fired right away.  I'm not sure there has ever been an appellate decision on this point, but even then, the time frame is maybe a couple of weeks.  You stayed in the job for months.

Answer #3: I'm sorry this happened to you but unfortunately you have no legal recourse. Personally I would have listened to your supervisor and jumped ship.

I recommend that you start looking for a new job.


Title: Friend of gf took car that she signed for.

Question:
As I said my gf signed for a car to help her friend out because she had bad credit. (bad idea I told her) Long story short the friend took off with the car after moving out and isn't making payments. What are our options to stop the credit from getting ruined? Or at least getting the car back.

Car was bought in Oregon and the person took off to Arizona.

Answer:
 You said in a comment that your GF is on the title.  This means it's your GF's car, which she has been loaning to a friend.  Friend has now disappeared with the car, therefore the car is now stolen.  Report it as such.  GF is still responsible for payments.  Avoid damage to credit by making payments.  Hopefully GF has insurance, time to make a claim.Answer #2: Well if you can find out her address, you can call the finance company, give them the address, tell them to go pick it up, then sue the friend for whatever is left over and her damaged credit.

I also think you can call and report the car stolen, beens it is in the gf's name. Then do the same thing.


Title: [Staffordshire, England] Can my employer ask me to attend a work event for customers, but not get paid?

Question:
So to give context, my employer is putting on a festival for our customers as winners of a contest. Bands, stalls, vendors all that stuff. Anyway, they wish for me to attend all day, to greet guests, perform some facebook live filming and such.

But the catch is, it would be unpaid. But surely I'm working for the company still on this time? It's during my normal work hours, they said I'd owe them that shift. Is this right? Should I be entitled to be paid for this? Or is it classed as Voluntary?

Any help would be greatly appreciated :)

Answer: Can you decline to do this without punishment? If so, then it might be "volunteer" activities. But if your bosses are insisting that you attend and perform activities, and there will be discipline for you if you don't, then it is work. The UK legal advice forum can put you in touch with the appropriate authorities.Answer #2: r/legaladviceuk


Title: $700,000 Restitution, 20 Years Old (X-Post-Personal finance)

Question:
Hi everyone, I am a resident of California and got convicted of a felony when I was 16. I got charged as an adult, so all adult rules apply to me. Anyway, part of my sentence was $700,000 in restitution. This debt isn't possible to discharge and it never expires. Currently I am in school and work part time, living with my parents. I currently pay $150 a month towards restitution. I am going to school for computer science, and am excelling, expect to graduate in about 2 years. I don't know what I'm really asking. 1.What do you guys think? 2.Should I legally leave the country? 3.Will this realistically ever be paid off?
4.There is no interest in my case, will inflation help me out? 5. General Advice would be appreciated. I'm pretty lost.

Answer:
 That’s… a house almost anywhere in CA. You can dig out, but it will take many years.

That said, how employable are you with your felony conviction?


Title: Fired for alcohol on my breath.

Question: [deleted]

Answer:
 > What are my options?

File for unemployment (probably it will be challenged, you can appeal but you'll likely lose that appeal) and immediately look for a new job. Don't make the same mistake again.

You also might want to speak with your doctor about your insomnia and other ways to combat it besides alcohol. As an insomnia sufferer myself I sympathize but showing up to work drunk and getting fired isn't going to make the night any easier.

Edit: What sort of job has a breathalyzer handy?Answer #2: File for unemployment, look for a new job.