Title: [IL] Had police escort intoxicated individuals disrupting softball games

Question:
Hello,

So tonight for the first time this summer we had individuals who were clearly intoxicated cause a disruption to the softball game they were watching (the bleachers are right behind the dugout) and I as the field supervisor was called to deal with the situation and I noticed the individuals (3 of them) arguing with one gentleman who was not drunk or of the three holding one of them back from physically engaging with the two other drunk individuals he claimed were trying to steal his Gf’s kid’s bike. I asked the two drunk gentleman accused of stealing to leave and as they were walking out the other drunk guy who had just accused them put his arm around one of them and they were laughing it off and saying hey it’s no big deal right and basically acting like looks (they were WASTED) and so they withdrew to the parking lot and I kept my eye on them til they came and after ignoring my request for them to not go near the fields I called my supervisor who urged me to call the police. I did and they were asked to leave by then which they did and the gf who was playing had to go from her game cause her bf was drunk and the officers said he couldn’t drive himself home.

I was just wondering if there is anything I could have done different or anything I could potentially violate regarding someone’s rights? It’s a public park district with an organized and paid program (softball) taking place at the fields.

Answer: I'm not sure what you're asking here. You handled this properly by calling the police.


Title: Probate problem

Question: So my grandfather passed away a couple years ago and we went through probate and finally got everything settled. I was just served today and my aunt is claiming they found a hand written will while cleaning the house with my brother. They have no proof a will exists and say they haven't seen it since that day. I live in Texas.

Answer: You need to hire a lawyer. Too complex to answer here.


Title: Can I leave Australia with unpaid fines ?

Question:
It’s an “obstruction of police officer” fine. I honestly did not obstruct anyone, rather I’ve been shoved by two policemen when I went to console a stranger after he’d had a mini brawl with someone else on the street (and police men put him on the floor and he looked quite upset). I honestly had no idea what I did was wrong. And the close to $400 fine is ridiculous and I can’t afford that as I am a university student who graduates in about a month.
Topic:
Non-US

Answer:
 You can leave australia without a problem but you may have a problem returning. If you do not expect to return, then there's no problem. You may be stopped at the airport because Australia has implemented the collection of [unpaid monies](https://www.theguardian.com/australia-news/2018/may/27/child-support-debts-record-number-of-parents-prevented-from-travelling-overseas) at the border. AFAIK however this is only applied to child support payments.

So your situation as it stands is this;

* Leave before the notice period of your fine is up. If stopped at the airport, you will have to pay the fine.
* Leave after the notice period and hope that they have not extended the collection program to this specific infringement/fine.
* If you leave without paying, you may be barred or forced to pay the fine during entry in the future.


Title: Question about child support (Ohio)

Question: [deleted]

Answer: She will need to go to court to get a modification of the order, as well as a garnishment.


Title: Cut off from assets, need a lawyer (Indiana)

Question:
Posting this on behalf of a friend,

In January, her abusive asshole of a husband kicked her, and their 13 year old out of the house. At that time, he also locked her out of all of their financial assets.

He's been filing legal paperwork against her left and right, and the \(seemingly\) incompetent lawyer that she has managed to acquire is taking 3 weeks minimum to respond to her each time...

He's using the law, and their own money against her. She's already lost everything, now he's trying to take more... as well as take their kid away from her \(whom he also kicked out\).

Where can she get some help?!?!?!

Answer:
 She has a lawyer.  If she is dissatisfied with the services of that lawyer, she should seek new representation.

There's no "magic button" solution we can give here.


Title: I got over $100 in tips but manager gave me $2.

Question:
I live in Washington and I’ve been working at this dessert cafe for about 2 weeks. We have a tip jar as well as a tip option on credit cards. Almost all the tips come from credit cards. Every night when I clock out I see I’ve made $40-$100 in tips but after my manager does something with the machine I end up with $1-2 in tips. Is this legal? She’s never explicitly said we have a tip pool or have delved any further quite frankly into explaining how tips are divided. First time I asked her she said they go towards your $15/hr pay ($12.50 is minimum wage in washington). I don’t understand how that works since I get $40-50 in tips for a 5 hour shift. Where does the rest of the money go? I confronted her last night officially asking how the tips get divided because I’m having trouble understanding. She explained that the tips are divided between the front end and back end (cooks+dishwashers) and are divided by every hour everyone works. She also explained how its now a set $15/hr + no tips instead of $13/hr with tips because in the past the workers got upset for some employees getting more tips than them because they work the busier days. (???) She’s not that great at explaining things in English but she was saying how she has a whole team of financial advisors and her own CPA to figure all this stuff out implying that it’s all handled and taken care of.
We also don’t get any of the cash tips in the tip jar because of her reasoning which is “People don’t tip that much so every week it comes out to $8.” So she pockets that I guess. I also want to note she didn’t ever say in our interview that we get tips through the machine. She only implied we only get tips through tip jar, so when I first started working and seeing in a different tab that displays all the tips I’ve gathered I was shocked. Any advice for me please?

Answer:
 you can file a wage complaint [https://secure.lni.wa.gov/wagecomplaint/#/](https://secure.lni.wa.gov/wagecomplaint/#/)

&#x200B;

given that the amount stolen is so high, it's almost certainly worth filingAnswer #2: Tip crediting is not allowed in Washington, your boss cannot count your tips as part of your wage directly. The only thing aside from pay you your tips directly with your tips is tip pooling.


Title: I was sold a stolen computer, need advice!

Question:
Not sure if this is the correct sub for me to post this in but I'll post it anyway... Location, NJ

Long story short, 10 months ago I purchased a desktop computer from Ebay from a third party seller. Today, for the first time ever, I received a pop-up on my computer from 'Company X' asking me to register the computer with Company X's IT department. The message also stated that if I am not an employee of Company X that I should call the number below. After calling the number and speaking with Company X's legal department I learned that the Ebay seller was an employee of Company X and he sold me his work computer that is owned by the company. Naturally Company X is demanding I return the computer or face legal action. Ebay and Paypal both won't help me since the transaction is more than 180 days old. What can I do to recover my money? I have the seller's email address (from the paypal transaction) and the return address that is on the box he shipped the computer in. What should I do?

Edit: I did message the seller on Ebay and received no answer, thinking of emailing him directly.

Answer: All I'm getting out of this is that you contacted some random phone number that appeared on a popup and the people on the other side claim they are the rightful owners of your computer. That's...exceedingly wild. If their property was stolen they should file a police report.


Title: [Alabama] Wife is facing a DUI conviction but the only thing in her system was Vyvanse which she is prescribed to. Looking for advice on whether to go with a public defender or hire an attorney.

Question:
Good evening all! My wife found herself in trouble this past summer when she attempted to pick up some milk from a nearby gas station but was pulled over and got charges of failing to properly stop at a stop sign, not using a turn signal, and DUI. The DUI is what we’re worried about. She hadn’t been drinking at all. She passed the sobreity and breathalyzer tests, but the officer was sure she was on something and so he did a blood test. She was jailed and charged with DUI immediately afterward without the results of the blood test which could take a few days from what I hear.

She is prescribed Vyvanse and takes it daily. That’s the only thing that could possibly show up in a blood test. We weren’t worried about that until a little research uncovered several instances in different states (including ours, Alabama) where people were convicted of DUI for taking prescription medicine if the officer thought it impaired their ability to drive safely. In several of those cases the people were taking Vyvanse or Adderall that they’d been prescribed. My wife’s been taking Vyvanse for about five years now. She’s always been somewhat of an erratic driver but hasn’t been in an accident since she was 16 (She’s 40 now).

Some good news is is that while she was in jail she wrote a letter to the judge stating her case and saying that she pleads not guilty now and will do the same in court. After reading the letter the judge signed her bond just as I was coming with the bail. So that tells us that this is all might go pretty well. That’s what she thinks, but I’m not so sure and that’s what led me here.

Her court date is next week and she wants to be represented by a public defender (we’re tight on cash and have been unable to save enough for an attorney) but I’m worried that might not be good enough. She has a 17-year government career on the line. I’d rather her hire an attorney, but I’d have to borrow money from family to do that, which I’d be willing to do depending on your knowledgeable advice (thank you r/legaladvice). So, should we go ahead with the public defender or should we hire a local attorney?

Thanks for your time. Advice of any kind is greatly appreciated and if you have any questions please ask and I’ll answer them promptly.

Answer: One of the warnings on Vyvanse is "May cause dizziness and impair judgment and affect a person's ability to drive or operate machinery." Your wife can be convicted of DUI for driving on this substance. You may want to hire an attorney with good DUI experience.


Title: Was lent money by my boss and he is trying to call it in fraud now.

Question:
Hello,

I posted here a few days ago about my boss lending me money and wanting a contract; well he hasn't spoken to me until now and the first thing he said was he was going to call his bank and say that the check that was wrote was fraud. Is there anything I can do about this? I literally don't have the money and the only thing I really have is him saying he'd lend me the money on Skype.

Edit : In Texas.

Answer: He's planning to call his bank and say that the check he wrote with his signature on it is fraudulent? I think he's in a worse position than you are right now, perhaps you can recommend this subreddit to him.


Title: Restaurant spilled hot food on infant resulting in 2nd degree burns

Question: [deleted]

Answer:
 1. Yes (personal injury lawyer)
2. Ask the lawyer you retained, the answer will be very fact specific
3. Ask they lawyer you retained, the answer will be very fact specificAnswer #2: Don't expect punitive damages; those are generally reserved for intentional acts.


Title: Landlord sent me letter demanding three months of rent after being evicted, yet the unit has been rented out. What should my next steps be? Minnesota, specifically.

Question:
So I was evicted on October 5th. I left like I was supposed to and had my mail going elsewhere. I wasn't able to get my mail for a few weeks until two weeks ago and there was a letter from my old landlord. It's a statement/summary of charges and, among them, he wants money for the next three months (Nov, Dec, Jan). It does say, in the lease, that he gets the next three months of rent UNLESS the unit has been re-rented. I recently went to the unit, last night to be exact, and found out the unit HAS been rented out, since October 25th to be exact. The new tenant was a very nice woman who gave me her phone number and happened to be holding her lease, so showed me it and where the signed and the date. We talked some, she explained she moved in the day she signed the lease, and I also asked her if a door was repaired. She said there was a hole in the main bedroom door that he (the landlord) said he'll fix. Thats the same door I noted on my move in as damaged as well and he told me the same mess, yet is trying to charge me a fee for damaging it. The lady was incredibly nice through all this and even gave me her phone number and said if I need her, I'm free to contact her.

&#x200B;

My question is what should/can I do now? Obviously, the unit is rented out and has been since shortly after I left. The door is still damaged and, if the doors still damaged, I worry about what else could still be damaged that he's charging me for that I literally NEVER caused.
Topic:
Landlord Tenant Housing

Answer:
 The unit has already been rented out, you owe no money. The door was damaged before hand and since you marked it on your move in damages you don’t owe anything for that either.

Have you talked to your old landlord? I would just inform him you are aware it has been rented out and that you stated in your move in documents the door was already damaged. Maybe potentially hire a lawyer if he doesn’t budge about what you owe. Answer #2: Send your old landlord a letter or email explaining that you know the unit has been leased and that you noted upon your move in that the door was previously damaged. You could be subject to pay for the 20 days that the unit remained empty and any back-rent that was owed upon your eviction minus any security deposit that was retained by the landlord.


Title: Text message privacy

Question: I live in Georgia.  I sent a text message from my personal phone to a fellow employees,  who is also a friend,  work phone that he uses as a personal phone as well. My friend was talking about my text to someone and our manager overheard him and asked to see the text.  The manager then,  without my friends knowledge or consent,  sent the text message to his own phone. Is this legal?

Answer: never use your work phone as a personal phone. they not only have the right to its info, but upon firing often remotely wipe it (many an OP come asking for legal help getting the now deleted kid pictures back). Answer #2: A work phone is work property. Same as a wok computer/email being work property. There should be no expectation of privacy with data stored in work property.


Title: Boyfriend wrongly arrested for domestic violence

Question: [deleted]

Answer: Now, is that the real story?


Title: [CA] [ONT] My Friends father has yelled at her and her mother plus brother and has now kicked them out to their basement.

Question:
Like title says, my friend is a female and is the same age as me (15), I live in an entire city away from her and she just told me that her step-dad yelled at her, and than yelled at her mother & her and than started throwing stuff around and now they are in there basement with stuff blocking the door so he cannot get in.

Context, Her father asked her to do her homework at a specificed time, but she had her boyfriend over, so she never got it done at the time he wanted, but still got it done, he started yelling at her and than she said he asked her to get into there car to *talk* but than her mom stepped in and argued and, than he started grabbing stuff and throwing it around.

After that, they went down to there basement and are there together, staying away from her step-father.

I asked her who bought  the house and she said that her step-father did, but that if her mother & step-father broke-up, he would have to sell the house.

She's also said, that he smokes weed, however that's not illegal, but she said that he abuses there dog, She described it as, He picked her up with her skin and threw her across there room, he'll hit her, and tightly grab her skin and lift her, and hurt her.
She says he's emotionally abused all of them, and I can raise my hand for this, she has messaged me a lot, crying about her step-father, and how he would yell at her and tell her she's a horrible dancer or any type of horrible things.

What should I do to help her and her family, and what can she do?

Feel free to ask me questions or questions that I should ask her, I will keep this post updated.

Answer:
 They're barricaded in the basement to keep him away because he's being violent. This is an ongoing domestic incident. Call. The. Police.

Even if they all deny it and things settle down, it'll be on the books as having been reported. Multiple reports of multiple incidents will likely lead to more scrutiny in the future. Answer #2: Stop telling random people on the internet and call police instead,. NOW. Regardless of your friends wishes if she doesnt want them involved. This is only gonna get worse if nothing is done.


Title: Subletting to a minor

Question:
My roommate is leaving for grad school. All of our potential subleases have dropped off. One potential candidate  is a minor who will be working in a lab for the summer. What are the legal risks of me being her roommate? I am a 24F. I guess I would not be able to have alcohol in the apartment for that time. Is there anything else I should be cautious about before we pursue this further?

Edit:

I live in CT if this makes a difference.  Also edited punctuation

E

Answer: The biggest risk is that minors can void contacts, so they could just decide mid lease they want out and they would be able to do that.  They would have to pay rent for time they had been there, but going forward they could leave you holding the bag.


Title: (TX) Girl is lying about products she is selling being cruelty free, and refuses to support her claims with proof. What can I do?

Question:
Okay, basically, a girl with a very large business is claiming her products are cruelty free. This is not true. She sells things including gelatin, shellac, polysorbates, and lanolin, all of which are animal products and on PETA's website as not cruelty free.

Also, it's to my understanding that a company must prove any claims it makes, correct? Where can I find this?

Thanks so much! any help is appreciated!

Answer: "Cruelty Free" could simply mean the product isn't tested on animals.


Title: RE: Hogan sex tape case... Denton and Delaurio found "personally liable". What does that mean for them?

Question: Have their lives effectively been ruined now financially?  What does this mean for them?  Location: Florida.

Answer:
 Have you not found a satisfactory answer in the 4 other conversations you have participated in about this very topic?

My laymen's reading of the issue has led me to believe the judgement will be reduced substantially upon appeal. http://www.nytimes.com/2016/03/18/business/media/hulk-hogan-v-gawker-a-guide-to-the-trial-for-the-perplexed.html?_r=0


Title: Receiving random medical bills 7 months later. (Colorado)

Question:
Hello. So we had our first child about 7 months ago. Our insurance covered most of it, and what was left got paid off immediately. Now, 7 months later, we get some random bills from the hospital labeled as 'insurance adjustments'.

How can they just keep billing us for new things, months after everything should have been paid off? It just doesn't seem right. Am I going to get some new bill for something they forgot to charge us for when she turns 18? Is there some sort of 'statue of limitations' for medical bills? Is there any way for me to fight this?

Answer:
 Statute of limitations is in years, so they are fine there.

You need to call them and see what it is actually for. Maybe it is a mistake. Maybe your insurance made a mistake. You don't know what happened. Step one is always figuring out exactly what happened. Answer #2: Am a medical debt collector.

Judging by the fact that you sound like you don't know what's going on, I'll advise that you call the insurance to find out what's going on.  "Insurance adjustments" sounds like your insurance might have made adjustments.  The hospital usually bills you what the insurance tells them to.  The insurance can take back payments if they discover errors, it's not terribly unusual.

Ultimately, your bills are your responsibility.  You've paid an insurance company to assist you, not take over for you.  Call them and get their help in resolving your accounts.

Pro Tip: Conference calling is your friend.  If you, your insurance company, and the medical billing office are all on the line together, the typical finger-pointing double-talk should be minimized.  Bonus points for letting them know you are recording the call.

More Bonus Points :  Stay calm, treat the people on the phone like you would like to be treated.  None of the people you are going to talk to are at fault for your troubles.  They are in the same foul situation as you are ... the US medical system is suffering from a parasitic infection of Capitalistic Opportunism.  Unfortunately, America has been inoculated against the cure.  Good luck.


Title: Is it illegal to audio-tape a verbally abusive customer in the workplace?

Question: [deleted]

Answer: It would be legal and admissible, but I'm not sure what you hope to gain from your audio recording. Being verbally aggressive is generally not a crime or something you can sue over. Additionally, you can certainly be fired for doing so.Answer #2: A customer being mean to you is not illegal, so there's no point in recording since it's not something that will end up in court anyway.


Title: [AL] A few questions regarding DUI arrest

Question: [deleted]

Answer:
 If the officer can articulate sufficient observations of impairment, he can still be convicted of this charge.

He needs a criminal defense attorney before he starts worrying about a lawsuit.


Title: Ethics/Legal advice and opinions?

Question:
So I was on my way to a lunch engagement this afternoon (Christmas Eve) when a postal carrier hit me. I was traveling in the right-hand lane at about 40 mph (the speed limit) when she pulled in front of me from a side road, forcing me to swerve into the left-hand lane to avoid hitting her but I didn't get over far enough in time and her front end swiped my rear end.

No one was injured* but my car has serious cosmetic damage.
Is it advisable speak with an attorney?

Side note: When I said no one was hurt above I meant no noticeable injuries at the scene. Later this evening when I went to work the first task I attempted to perform caused me to notice a very painful and frightening twinge in my lower back that persisted over the next 5 hours, until I got off work, and is now still very noticeable while sitting and resting.

Full disclosure, I have back issues in that area anyway and it didn't seem the impact of the accident was violent enough to even aggravate said pre-existing condition but none the less I'm injured now and wasn't before so I'm tempted to believe the accident has something to do with it. Any input both professional and personal would be appreciated.

Tennessee, United States.

Answer: Contact your insurance company. You're welcome.


Title: (WA state) Landlord emails me saying I owe pet deposit. Ive lived here for 6 months already.

Question: Recently my landlord has sent me an email claiming that I owe them 250 for a pet deposit. Ive been living in my unit for 6 months already, and in my lease agreement there is a line that states "Resident has hereby paid to Manager $250 as an additional deposit securing resident's performance under this Pet Addendum and Rental Agreement." The pet rental agreement was signed by both me and the manager. What I think happened is, they lost the check I wrote for the pet deposit, and theyve only realized this 6 months later. Do I need to pay them? This is in King County, WA. Thanks!

Answer:
 > What I think happened is, they lost the check I wrote for the pet deposit, and theyve only realized this 6 months later.

You can verify this by looking at your checking account's statement. If so, stop payment on the check (just in case) and give them a new check. Delivering a check doesn't void your responsibility to pay if they lose the check, and payment is only complete when the check is successfully cashed.


Title: I work for a large chain company. I come in when they tell me, but if it is slow the managers tell me not to clock in. Is this legal?

Question: So essentially I come into work when I am scheduled, yet I am not being paid for my time being there if they do not want me to clock in. Of course they don't make me do any work they just have me sit somewhere, but I feel like if I am scheduled to work and I show up at the right time, I should be getting paid. Am I wrong for thinking this? Is this a normal practice? Yesterday I sat down for 50 minutes before I was finally allowed to clock in and work.  I am in Pennsylvania.

Answer:
 A little more insight, I work at a fast food place as a delivery driver. The manager doesn't instruct me to do anything while I sit there, however I am not really free to leave or do anything because there is no telling when he will decide my shift starts.  Also, his excuse was that it was my break.  However breaks are only supposed to last 30 minutes, and you are only supposed to get a break if you work 5 or more hours.  Neither of which applied to me.

The first thing I will do is talk the head manager about it.  If that doesn't work I am not really sure where else to take it.Answer #2: [Pursuing a Wage-Hour Claim in PA](http://www.workplacefairness.org/wage-hour-claim-PA).

**Waiting Time:**
Whether waiting time is hours worked under the Act depends upon the particular circumstances. Generally, the facts may show that the employee was engaged to wait (which is work time) or the facts may show that the employee was waiting to be engaged (which is not work time). For example, a secretary who reads a book while waiting for dictation or a fireman who plays checkers while waiting for an alarm is working during such periods of inactivity. These employees have been "engaged to wait."
[Source](http://www.dol.gov/whd/regs/compliance/whdfs22.htm)Answer #3: That's called being engaged to wait. You almost certainly need to be paid. Call your state Department of Labor (or equivalent). http://www.dol.gov/whd/regs/compliance/whdfs22.htm


Title: Company went under, filed for bankruptcy, employees did not get severance(3 day notice) -co workers looted computers and TVs since the doors were closing with 150k rent bill due

Question:
To whom it may concern:

Company went under by side stepping  with the WARN  exemptions.

Employees very frustrated started looting shortly after taking company computers TVs monitors etc...

Any legal ramifications? Company went bankrupt and president left agreeing to the looting  by co workers

Thanks in advance

Topic:
Criminal Law

Answer:
 > Any legal ramifications?

Yes.  You stole equipment from the company.  You may be sued or criminally prosecuted.


Title: Visa and Marriage

Question:
Hi,

Here's a quick overview of my problem :

I'm French, my girlfriend is American, we've been together for 2 years (she came to France for a year, and i went 2 times to the US for 3 months) I'm 22 she's 21.

We want to get married and live together in the US, but i currently don't have any visa except for the ESTA 3-months tourist visa.

I came to the US 2 weeks ago with the intent to stay for 3 months, get married, and figure something out to stay here legally.

I ran into some trouble at the border with the officer telling me that i can't apply for any visa after getting married, as this would be illegal.

Fair enough, i explained i just wanted to get married, go back to france after the 3 months and come back again right after to do the visa, at which point he got angry and told me i couldn't even get married on US soil (which is total bullshit based on my researches)

We're not really sure what to do at this point.
Apparently getting married and acquiring a visa are not seen as a good thing, so maybe i should find a way to get a visa without getting married, and get married afterwards ?

From what i saw there's only 2 visa i could apply for : K-1 and CR1.

For now my gf makes enough money to support both of us, but eventually i'd like to work as well.
No rush though, for now we simply want to be together, even if i can't work.

Here's my plan for now : Get married, go back to France once my current 3-months visa is expired, apply for a long term tourist visa, go back to the US whenever the tourist visa is approved, apply for a K-1 visa once i'm in the US.
I'm worried i might run into trouble because of the marriage.

What do you think ? Any better idea ?

Answer: It doesn't seem like your researches are going well friend so I suggest you stop that and hire an immigration attorney to help you work this out. Coming here and hoping to get permanent residency in *3 months* really shows how underprepared you guys are for this undertaking and an attorney can get you prepared. You will not be looking at tourist visas and it will take longer than 3 months.


Title: [Indiana] My girlfriend (a salaried employee) is being denied a week's pay because she's going to visit her family in TN over thanksgiving weekend.

Question:
I don't have a copy of her promotion contract/job description, but i do recall and am fairly certain it said she gets paid a set amount bi-weekly.

We have plans to visit her family  from Wednesday the 25th until Sunday the 29th.

Today, her new District manager came in and said that she won't be getting paid for the week she's gone- even though she will be working some of the days that week.  The reason he gave was that her paid time-off hasn't kicked in yet.  She brought up the "paid bi-weekly" clause and his response was that "He didn't sign that agreement."  The previous DM *did* sign that agreement, and furthermore, it's an agreement between the company and the employee, so it doesn't matter **WHO** signed the agreement on the behalf of the company, correct?

The company has already violated the job description in working her as many as sixty hours a week (the written description stated forty to fifty hours weekly).

If anyone is proficient in Indiana Business Law, I would appreciate being pointed towards some laws regarding employee/employer contracts that would be of use in leveraging the company into giving in.  I don't have a copy of the written agreement yet, but expect to have it tomorrow.
Topic:
Business Law

Answer:
 >so it doesn't matter WHO signed the agreement on the behalf of the company, correct?

Correct. If she doesn't get paid for time she worked, she goes to the [labor department](http://www.in.gov/dol/). If she's being denied PTO that she's contractually entitled to, then she needs to start speaking to a lawyer as well.

Also, some non-legal advice - if your girlfriend plans to go through with all of this, tell her to start looking for a new job now. Answer #2: Salaried workers can be docked a day of pay as long as they are absent the entire day. If she works a partial day, she needs to get paid for that day. But unless she's using paid vacations days, she doesn't have to be paid for the days she is entirely gone.

Also, a job description/promotion does not constitute an employment contract. She can be required to work any hours and do any job as a salaried employee.


Title: [23M] with 4 DUIs. Felony driving record. Feeling stuck in life. What are my options?

Question:
I'm a 23 year old Male with 4 DUIs, two of which are felonies. I would binge drink every night and would end up driving. I have never hurt anyone, thank God. I live in USA and manage a restaurant making 40k a year. The company is good and will take care of me throughout the legal problems I'm facing now. I'm currently out on bond and probably looking at 30 days in county in a coupole of months and 30 in workers house arrest afterwards. I have a job after I get out still. Regardless I feel stuck in life. I've been sober for 2 months now. Not looking to go back. I was just wondering if anyone had ideas on if there was a way to move to a different country after I'm finished with the repercussions of these last two DUIs. All I have is a driving record. Am I actually being held back from a lot?

TL;DR Is a felony driving record holding me back from moving around the world and getting ahead in life? I live in the USA.

Answer:
 You must have a heck of a lawyer if you are only looking at 30 days. I imagine you will be on probation and unable to leave the country for quite a while, given this.

Your criminal history will have an impact on where you can go. Some countries will take you, others will not. Australia and Canada, for example, won't.

But I hope you don't mind if I tell you that I think you are running from your problems instead of dealing with them here. All you are looking to do is change the scenery. That won't stop you from drinking and driving. Perhaps therapy and working through your issues would be a more productive way to start.

It sounds like you have a great job, something that will be hard to replace. Perhaps you would be best off staying with that job and continuing to build a solid resume, from which you may, in the future, be able to grow a career. As it happens, the restaurant business tends to be more forgiving of criminal convictions relating to such things than many other businesses.

&#x200B;Answer #2: Seriously? 4 DUI's? Perhaps your underestimating the significance of all these charges.  Out of country travel is not happening, and you'll have what is considered a significant criminal record.  This will follow you the remainder of your life. Your still young, but as you get older you'll come to understand the impact... travel, jobs, issues raising children (attending events, etc).

You #1 goal in life at them moment should be staying sober. A new year is upon us, start with a positive attitude and start making smart decisions, you've been on the wrong path, time to straighten up.

Good luck.

Honestly, 4th time should carry some heavy jail time.


Title: Father-in-law is withholding $100,000+ from Mother-in-law, and sexually harassing her. We need advice.

Question:
We live in Southern California, USA.

Firstly, I know, I know, talk to a lawyer, and I’ve sent an email to a family lawyer, I just want to make sure we tap into every available resource before moving forward.

What happened:

My Mother-in-law and father-in-law have had a very dysfunctional relationship. Father-in-law slept on a mattress in the living room for almost a decade, both estranged, living under one roof, until we finally convinced him to sell the house that my wife grew up in (house was originally under MIL, but had it transferred to his name because of a bankruptcy, or so I’m told.)

From the 6 years I’ve known my wife, I’ve seen how he is; Huge egotistical, narcissistic, bully who has verbally and physically abused my wife in her teens, and my mother-in-law, so of course he’s having a huge ego/power trip now that he supposedly netted over $200,000 from the house (he’s not telling us exactly how much).

He says the check is ready and wants to give half of my MIL’s money now and half after she signs the divorce papers. They both want a divorce lawyer, so it seems like a really dumb excuse. My cynical side/bullshit meter is telling me that he’s holding onto the money as a power move and that he won’t give her the rest of the money when she signs the divorce paper work(he confided in my wife his intentions, instructing her not to tell my MIL, which of course we did). My MIL told me that he’s been pressuring her to have sex with him for the money, going as far as cornering her and tormenting/sexually harassing her.  Disgusting shit.

I also suspect that he’s ready to run to Mexico, since he’s Mexican, has been visiting Tijuana, and has been talking about purchasing a house down there for $35,000.

I’m sending this to a family lawyer, and have instructed my MIL to record any conversations between them if they talk. Besides that, I’m at a total loss for words or what to do, all I know is that I hate seeing my wife and my MIL suffer from such a monster. My MIL and FIL are going to the bank tomorrow so that he can ‘give her her money’, again, my cynical side is telling me that he’s gonna shortchange my MIL and keep more than his fair share, or just give her half now and half possilbly never.

I just want to be prepared to act to any possible scenarios.

TL:DR FIL is holding money gained from them selling their family home hostage, and tormenting/sexually harassing my MIL, and I’m trying to be prepared for worst case scenarios.

Thanks in advance for reading this and for your help.

Answer: Your mother in law should get a divorce attorney. She should not record calls with him without consulting with said attorney because CA is a 2 party state iirc.


Title: [IN] What allows schools to confiscate personal property from students?

Question: [deleted]

Answer:
 Guardian In Loco Parentis.

The school is essentially your legal guardian in absence of your parents. That gives the school and its agents very broad authority to manage your behavior and control property you bring there.


Title: Can my dad stop my boyfriend from moving in with me?

Question: [deleted]

Answer: Unless it is in the custody agreement then your father cannot prevent your boyfriend from moving in.  However, I believe the age of consent in VA is 18, and your father can call the police on your boyfriend


Title: Ontario: Bad Speeding Ticket

Question: [deleted]

Answer:
 For those (like me) who aren't Canadian... that's 97 mph.

Honestly I'm surprised her license was only suspended a week. Should be 6 months.

There are lots of attorneys who are good at knocking speeding tickets down and spend all say in the courthouse fighting different people's tickets.

You might need someone a step up though since so much money is at stake.


Title: [INDIANA] My friends and I have recently signed a purchase agreement for a house with access to a major walking trail, and we just found out that the property lines do not actually grant us access to the trail, as the listing claimed they did. Could we legally back out of the contract?

Question:
Hard to simplify the situation in a 300-character title. This house claimed in its listing to have access to a major walking trail, and this was one of the major reasons we agreed to purchase the house in the first place. The purchase agreement is signed and the previous owners are already purchasing a new house of their own so they really want to close this deal and would have every reason to want to sue us for backing out. Are we at major risk of a lawsuit if we consider this to be majorly in bad faith and try to use that to invalidate the purchase agreement?

**edit: At this point in time our agent is writing up a contract to nullify this contract. Thanks for the advice though everyone!**

Answer:
 Did the purchase documents expressly state that you had access directly to the trail from the yard?

How are you barred from accessing the trail from the yard?  Is that bar a physical one that was visible upon inspection?Answer #2: I think it would be a lot easier to negotiate a lower purchase amount then trying to completely back out. This would also throw up a red flag to me of "what else were they exaggerating/lying about that I haven't discovered yet?" Not sure if it's illegal for the listing itself to be inaccurate, as it's just a representation, but if you were specifically told about this access during the purchase or it's in any paperwork that would be much more clear cut.


Title: Death threats recorded on audio

Question:
So here's the situation. My girlfriend has two children, and has been living with the father of those children for many years, despite them not having been together in many years. He is a verbally and emotionally abusive alcoholic, and she is currently in the process of moving out and finding her own place with the kids, though it's difficult on a cashier salary, especially with the children to worry about. She has many voice recordings on her phone of times where he has gone off on her, yelling about this, that, or the other thing. Ever since she told him I am in the picture, he has escalated, and many of his remarks are about how she's a slut for being with me and I'm good for nothing more than dick and whatnot.

Last night it escalated further. As I understand it, he has never actively been violent against her or threatened her (though he's created a few holes in the wall). But last night, while massively drunk, he approached her with a knife and went into grisly detail about how if I ever show up at the house, that's what he will use to gut me. She got a lot of this on recording, and although he reiterates the knife isn't for her or the kids or anything, he threatens my life multiple times over.

Now, I live in a different state and he doesn't know my full name or address, so I'm not concerned for my safety. I am concerned for her safety in case he continues to escalate, but that is why she's stepping up the process of finding her own place.

My question is this. Knowing I have these voice recordings, what kind of legal action would I be able to take against him if I should choose to? I'm not necessarily looking to throw him in jail immediately, but I would definitely like to know what kind of ammunition I have with this should things change. I also hope that this has given me something to lord over him to dissuade him from seeking partial custody of the children when she moves out. Any and all advice or information here would be greatly appreciated.

A few side notes.
1) In the recording, he never uses my actual name, but he does use twisted variations of it. (An example would be calling a guy named Ryan "Rytard" instead, that's the kind of thing he would refer to me as)
2) In reference to the potential fight for custody, he has already stated to her that if and when she leaves, he won't fight her for custody if she doesn't try and pursue child support. I just want to have something in place in case he changes his mind to ensure he stays as far away from those kids as possible.
3) The only reason the police haven't been contacted yet on the issue is that the house is technically his, not hers, and contacting the police would almost guarantee he would demand she leave, which would leave her and the kids homeless while she would scramble to figure everything out.
4) They live in Georgia, if there are any specific state laws that would come into play here.

Thank you and feel free to ask for more info if I need to clarify anything.

Answer:
 1.  Go to the police.  You can likely get a restraining order if you are concerned.

2.  He cannot legally kick her out of the house without a 30 day notice.  That doesn't mean he wouldn't do it anyway.

3.  If she get a restraining order (and she probably cannot based on his threatening a third party), he would be the person excluded from the house.


Title: Can a landlord that took over the leases after they bought the property change the agreement? Could they say no pets allowed even if the original landlord said yes, specifically in Virginia?

Answer: If the lease hasn’t expired and there was no clause with respect to sale of property, then new LL must honor the contract.


Title: [NY/NJ] I received a court summons in the mail 3 days after the court date.

Question: As the title says, Im currently stuck in a predicament where I was scheduled to appear in court within the state of New Jersey on July 19th but I received the letter in the mail on the 22nd of July. I tried calling into the office to inform them of this and hopefully reschedule but I was told that I already have a warrant out for my arrest because I didn't show up. I truly believe I should not be held responsible for missing the court date and the court administrator should be a bit more understanding. The reason I'm so concerned is because I'm an African American man and I know that increases my chances of being stopped and ran through the system where they will discover this warrant. Is there anything I can do to get this warrant removed?

Answer: As an aside, OP, the USPS really dropped the ball on this one. If you say its postmarked on the 11th, that means it was sitting in the mailman's truck for 11 days, which is unacceptable for high priority/high fidelity mail like court papers. You might wanna file a complaint with them if you have that video, and a sucessful complaint and investigation with them will privide more proof for you that it wasn't your fault. Answer #2: You need to get a lawyer and handle it before they pick you up at home like they did me. I lived in NY and had a DAT for driving with a revoked license. I ended up needing emergency surgery on my court date. I notified the court and was told they would send me a new date, don't worry. Well, either they never sent it or I never got it bc two years later they were banging on my door at 7am one random Saturday morning. You don't want to get picked up on  a Saturday. Answer #3: Would that be the red text located on the front of the letter? If so, the date written there is July 11th. That's 10 days ago which is an extremely long time considering I just received it in my mailbox today.


Title: I just want my fucking check.

Question:
So I've been working at this shady car wash for a few years. They do alot of illegal shit like have pople work for free, take people off the clock without telling them, have people wait for up to 3 hours to be put back on, etc etc

So I quit. I got a call from a owner saying not to come in and he wouldn't give me my check.

I want to go in with a cop to get it but I need to be sure that there's reason enough to bring a cop.

I mean, from how he sounded he is ready to punch me in the face if i go alone.

Fuck this mail bullshit its my check. Its payday. Give me my money. Its not that hard.

Im in Illinois USA

Edit: im going in soon with a cop just as an escort. Im not super pissed off like a comment said. I just want to go in, nicely extend my arm for my check, get it and walk away. Little to no words even need to be said. I'll update in a few minutes.

Answer:
 Absolutely nothing that cops will do.  If you quit and you weren't paid your final wages at the next payday, then your recourse is to file a wage complaint with your state's department of labor.  I'm assuming you're in the US.  Answer #2: [Here you go.](https://www.illinois.gov/idol/pages/complaints.aspx)

You can also call the cops and ask for an officer to escort you to the premises to pick up your check because you're worried that the owner might get violent.  The cops may or may not agree to send someone with you.


Title: I want to hold monthly movie nights at my studio space in Los Angeles. I'm focusing on older/lesser known films. I wouldn't charge for anything or advertise the films themselves. I know its probably still illegal, but is there any loophole that will minimize chances of fines or jail time?

Answer: Yep, there's a big one.  It's called getting permission from the copyright holder.


Title: Atlanta, Georgia: A local restaurant employs several illegal immigrants. How can I properly report this?

Question: [deleted]

Answer: Really? Is this affecting you somehow? Why don't you just mind your own business?Answer #2: Are they illegals or just of Mexican/Central American origin and you're assuming? You can get in trouble for filing a false report, though it is unlikely. Answer #3: Its not that easy, you don't call and next week immigration shows up with a van and takes them back. They (immigration) have to have multiple calls from multiple sources and then they might start an investigation. One thing, if this is your biggest problem right now, your a lucky person!


Title: [Nevada] Are brothels permitted to use forms of contraception in lieu of condoms?

Question: Assuming I could find a willing prostitute, are there any legal problems with engaging in sex acts without using a condom?

Answer:
 the requirement to use condoms isn't about contraception; it's about disease prevention. no other form of birth control provides the disease protection that condoms do.

if you find a hooker willing to do it bareback, you deserve the STDs you're going to get.Answer #2: state law requires condoms.  Answer #3: Yikes, man.  No, there's no way around that law.  Why would you even want to?


Title: How do I sue a stalker who also hacked my computer?

Question:
This person was so horrible to me. He ruined my life, and now I intend to revenge back at him twice as hard. I have nothing to lose, so I'm up for anything. What should I prepare for the legal actions?

How do I collect enough evidence to completely destroy this person's life?

Answer:
 This is legaladvice, not Liam Neeson advice. We don't do destroying people.

What did this person do and what damages do you have?Answer #2: What evidence do you have?


Title: Militant HOA is driving away our Tenant.

Question:
My wife and I have a condo near Atlanta that we rent out.  We live in Minnesota.  We have held on to the condo this far to wait for the market to recover enough so that we can sell it with minimal to no out of pocket cost.  Although we lose money monthly on the condo, we break even at tax time.  We are trying to be responsible adults but the HOA and property management company has a different agenda.

The HOA doesn’t like renters, and have made it their mission to drive renters out using the property management company as a strong arm.
We have attained and maintained the proper permits since first renting the condo out.  Out tenant has taken excellent care of the place for the past 4 years, and now, because of the HOA he is considering , moving out, and we are not in the position to float that mortgage for long.

HOA and property management group has been harassing us and the tenant with numerous false violations of the statute, under the rare condition there is a violation we and the tenant rectify it immediately.   The false violations happen a few times a week.  We have asked for dated photo evidence numerous times to confirm the violations; we have yet to receive a single photo.  The Property management company is sending out so many addition letters of violation they have levied additional fees on condo owners who rent out their units.

Yesterday our tenant encountered “volunteers” from the HOA who were inspecting the property for violation.    Our tenant politely asked a question about the numerous false notices of violation to the volunteers.  The volunteer basically began to curse at our tenant making the claim that “renters are driving the value of the condos down.”   Out tenant has had enough and is considering leaving.  This puts us in a very interesting position as finding tenants remotely is a challenge at best, and with the militant HOA, I am not sure I want to put anyone else in that situation.

We are going to see if we can list the unit for enough to get out from under it, but if we can’t we are considering strategic default and a short sale.  We don’t want to default on a responsibility we have desperately tried to take the high road on for years.

Do we have any potential for legal action against the HOA and property management company?   We are not alone and know other condo owners in the same complex having the same issues we are.

Answer:
 I would look in the HOA documents (by laws and declaration of condominium) and see what the requirements are to call a meeting.  I would then try to get together with as many other rental-property owners as I could and try to call a meeting to (i) force out the current HOA board, (ii) fire the management company or (iii) change the relevant rules.  Make sure that you know the by-laws and declaration well.

Make sure to save every piece of correspondence from the HOA/Mgmt - if you can demonstrate that they are making false claims you could theoretically sue them for tortious interference with your lease.


Title: Technically my car hit his while he wasn't moving, but who's really at fault? California

Question: I was driving up PCH one rainy day when I had to suddenly head back the way I was coming from.  So I pulled into the parking lot of some beach club in Malibu and got myself turned around to head south.  The parking lot driveway took cars directly onto PCH so there was a stop light at the end of it.  I ended up at a red light with my car stopped on a portion of the driveway with a very steep incline.  The car to my rear stops what seems like 6 inches behind my car.  When the light turns greens and I press the gas, my tires spin out from the wet concrete and I must have rolled back slightly because I bump him, and he caught some visible damage to the front of his obnoxiously expensive car.  Yes he was at a complete stop, but I never put my car into reverse.  Any car stopped in that position would have most likely had the same thing happen to them.  Am I (or my insurance) liable for the damage, and will my records show that I have an accident for which I was the at fault driver?

Answer: You could of made this post shorter by putting I rolled into a car is it my faultAnswer #2: Of course you're liable you hit him. You accelerated to quickly for conditions and slid back.


Title: Moving from Oregon to Idaho but need to request paternity changes

Question:
OR>ID
Ex is on birth certificate, he's voluntarily helping me remove himself and get her real father tested.
My question is, along with having to do a name change, will it be smart to file everything here in ID in a month when I move or begin filing everything in OR?
Her father and my ex want all changes made ASAP
Thank you

Answer: Is this the THIRD time you've deleted and reposted this? Please stop. Hire a lawyer. The answer will not change.


Title: Cash handling in the field

Question: [deleted]

Answer: Why doesn't the company have you make deposits directly into their account?


Title: My wife and I are having a baby and her step dad is a child sex offender.

Question:
He got locked up for jerking off in my wifes room when she was little and she told someone and yeah.

Now fast forward, shes pregnant (yayy). But the only thing I'm worried about it her step dad. I just can't trust a sex offender around my child family or not.  So what do I do? And shes not even living with me right now because I'm working full time and she wasn't to stay with her mom and step dad for a bit. Her mom is just as bad as him too, when he was charged they gave her mother a choice, get rid of him, or her. It's sad, but she sent my wife to a town to finish her school and graduated and that's when I met her.

Anyway, what do I do? I don't mind Dilico all over us, but I want to make sure this man is not allowed anywhere near my kid. How do I make sure he can't see my child?

Answer: I'm not quite understanding your situation. If you and your wife are planning on staying married, then you just agree that you don't let him around the baby. If you're wanting more control over the decision, then you might not be married for much longer. Answer #2: If he's on the registry, he may well have restrictions on where he can live, and how he's allowed to be around children. I couldn't find direct information, but per the [Ministry of Community Safety and Correctional Services](https://www.mcscs.jus.gov.on.ca/english/police_serv/sor/sor.html), you can contact OPP with questions. What's likely to happen though is that (I'll bet) her family kicks you guys out rather than him.


Title: What happend if the freight fowarder company I use found illicit content in my package?(USA)

Question:
by definition A **freight forwarder**, **forwarder**, or **forwarding agent**, also known as a **non-vessel operating common carrier** (**NVOCC**), is a person or company that organizes shipments for individuals or [corporations](https://en.wikipedia.org/wiki/Corporations) to get goods from the [manufacturer](https://en.wikipedia.org/wiki/Manufacturer) or producer to a market, customer or final point of distribution.[\[WIKIPEDIA\]](https://en.wikipedia.org/wiki/Freight_forwarder)

My question is if I use their services as a company and they found the ilegal drugs in my package first of all they wouldn't ship it because that's bad for them and it's international but they would contact the authorities. who's responsable for the package with illicit content the client or the company legally?

Answer: If you order drugs, you can be charged with that if those drugs are found.


Title: Employer doesn't want to pay sick time if on overtime (long story)

Question:
Hello, I've never posted on here but I've been lurking for a long time and always see some good advice on here.

Ok, so my situation is. I am a paramedic employed with a small city in Texas. I'm am not a civil service employee (fire dept and police dept are). We are paid on a 24/48 schedule. One day on, two days off. Since our pay period is every two week from Wednesday to Wednesday. On a regular check we average either 108 hours or 120 hours (due to days rotating) with overtime being after 40, even though these are mandatory overtime hours we have to work due to our schedule.

My boss recently brought up to me that city administration was questioning how our hours/overtime/sick hours were being paid out. They're arguing that if someone picks up an extra shift that's not in their regular 24/48 schedule and they call in during that period - they shouldn't pay the overtime or sick time, and basically just leave their check as it would've been normally.

Is this legal? My boss said they're looking into and talking to their lawyers but I can't imagine that something like this would be right. It's like we're being punished for having to work long hours and always hitting overtime. It's not something that is coming down for sure but it's something they're seriously considering. Please help.

Answer: Perfectly legal. The point of paid leave is to bring you whole not additional compensation beyond your normal hours.  But sick time has nothing to do with overtime as only hours *work* count. (unless your employer is being more generous than required and counting sick pay towards overtime).  In other words, the amount of overtime paid to you in any given week is not changed by you getting paid sick leave or not for missing a shift.


Title: Legality of purchasing DNP, 2,4-Dinitrophenol,(USA/KY)

Question:
Are there legal penalties for the purchase of DNP for the buyer?

I've browsed multiple sources, but I can't find anything reliable. As well, I've only found one lawyer in the state, far away, who deals with this or similar.

Answer: Dont make me look this up, I know the cool kids are calling it DNP -- but what is it actually?


Title: How to get out of jail?

Question:
I would like to preface this by saying I have no plans to end up in jail and am not doing anything illegal that would get me there either.
So the question is: How do I make sure that if I ever get arrested (for petty stuff like speeding or something) that I am capable of bailing myself out? Do I find a lawyer and give him a retainer? I already have a Criminal Defense Trial Lawyer but I imagine he is a little too big time for petty stuff like this. Does the situation change if I am in a different state and need to bail out?

Edit: Removed info because it is apparently detracting from the point
Location: TX

Answer:
 Whenever I'm planning to get arrested, I give a friend a few hundred bucks cash to post bail. That usually works for me.Answer #2: You call someone who will post bail for you. Whether it's a friend, family member, or paid professional.

Alternatively you can stop committing crimes. I find that to be the cheapest and most effective way to stay out of jail but YMMV


Title: [AL] Defense attorney calling me, a BNE victim, to answer questions

Question:
About a year ago my home was broken into and a number of items were stolen.  Because of the criminal being lazy, we were able to track him down and he was arrested.  The case has since, as far as I know, been in the process of being put together and a grand jury found enough evidence to continue to trial.  I haven't heard anything in months.

Today I got a call from the defense attorney asking me a bunch of questions, such as who the carrier was on a phone that was stolen, and why the police won't release to him the video evidence we have, and asking for the videos.  I refused to answer any of these questions without representation present.  He threatened to subpoena me, and I said I would be happy to answer these questions in court to which he said "we're trying to avoid that."

Is this common?  Should I have answered his questions?  I told him if the detectives were refusing to turn over evidence he needs to take that up with them.  Were my instincts right in not answering these questions?

Answer: Keep in mind that he isn't defending you and don't talk to him


Title: Did the San Diego Padres potentially commit a crime in the National Anthem incident (San Diego, CA, USA)?

Question: The Padres invited the San Diego Gay Men's Chorus to perform the National Anthem at Saturday's game for pride night. The chorus was brought out on the field and they were prepared to sing. But instead of being allowed to sing, a recording of a female voice singing the anthem was played while the chorus stood out on field, and the chorus was escorted off the field after the recording finished. The Gay Men's Chorus suggested that this could be a violation of the San Diego Human Rights Ordinance, or that it could otherwise violate hate crime law related to sexual orientation. Do they have any case that laws may have been violated in this incident? For more details, the statement from the chorus is [here](https://www.facebook.com/SDGMC/photos/a.399227552246.204864.179738907246/10154013817707247/?type=3&theater).

Answer:
 Jesus Christ. Let it go. There's no case here. Source: I'm gay and have a law degree.Answer #2: >With this as background, we call on the San Diego Padres and Major League Baseball to immediately launch a full and transparent investigation into the incident to determine if someone or some people intentionally engaged in anti-gay discrimination or a hate crime by playing a female’s voice to represent a group of gay men with the purpose of denigrating and/or ridiculing gay men

Well, that's easy. "Playing a female's voice to represent a group of gay men with the purpose of denigrating and/or ridiculing gay men" isn't a crime. The chorus' suggestion that it might be is almost unbelievably stupid. I can't find the text of this "San Diego Human Rights Ordinance", but I'm sure it doesn't apply with respect to this situation - the members of the chorus weren't discriminated against - if they were intentionally discriminated against - as employees or patrons, but as volunteer singers.


Title: Sublessee is leaving on a day’s notice, refuses to pay next three months’ rent

Question:
My sister is studying abroad right now, and before heading out, she found a sublessee to take over her room for the semester. They both signed the contract and all, but about three months before the sublease is up, the sublessee chooses to leave.

Is there anything my sister can do right now to get the other payments from the subleesee, or is my sister going to need to pay for the rest or the rent, even though she’s studying abroad? It totals to about $1k rent, but this is a lot for us (taking out student loans for studying abroad too already). The apartment is in Illinois, but my sister is outside the US right now.

Thanks in advance for any input!

Answer: Your sister is responsible for the rent if sublessee doesn't pay. As for getting it now? Your sister could take her to small claims court. That's assuming she could lawfully sublet her place. The court isn't likely going to enforce a contract that never should have been made in the first place. Answer #2: As it sounds like you already know, your sister is almost certainly responsible for the rent. When you sister gets back, she can sue the subleaser in small claims court. It would be far too expensive for the relatively small amount of money to hire someone to get the money now.


Title: Cops came into my apartment, found weed, but left. 3 weeks later...

Question:
Several weeks ago 2 of my buddies and I were up late, playing some Overwatch, drinking some beer, eating some pizza, and doing a little bit of smoking. All in all, harmless fun. We were being a bit loud though, and my neighbors called the cops claiming to have heard gunshots. So the cops come, and me being the drunk idiot I was, invited them right in without thinking to hide the weed. Well, the weed is one of the first things they notice and they start taking down our information. The one cop seems to be appreciating the fact that we were just having a good time and werent hurting anyone. He asks me to step out in to the hallway. I follow him out in to the hallway leaving my friends inside my apartment with the 2 other cops. In hushed tones the cop tells me that he is going to take his partners and leave but he hands me a phone number to call to tell him where I got the pot from. He makes sure to tell me to not mention that arrangement to his partners when we go back inside.

We go back in and he collects his pals and they promptly leave. A week passes. 2 weeks pass. Im in the clear it seems. And now 3.5 weeks later, my buddy gets a call from the PD saying they were trying to get a hold of me (they hadnt called me yet, so I assume they came knocking while I was at work). My buddy told me that the detective said I wasnt in trouble, he just wanted to get some information. And then i do end up getting a voicemail simply stating X X PD. Detective. Call xxx xxx xxxx.

I am not ratting out my friend who gave me the weed as a gift. It was less than a gram. What should I tell the detective and how much obligation am I under to give them information considering no paperwork was exchanged that night?

I live in Pennsylvania.

Answer:
 > My buddy told me that the detective said I wasnt in trouble, he just wanted to get some information.

Talk to an attorney before you even consider returning that phone call. It's possible you aren't in trouble… _yet_, and it's possible that you're already a suspect in an investigation and that talking to the police will only dig you in deeper.

You're under no obligation to speak to the police, either now or if you are arrested. If you're questioned in custody, you need to actively assert your right to an attorney: "I am not talking to you without my attorney present." will do it.


Title: [Texas] Broadband map puts me tight in the middle of a coverage blob for a isp that I want (cheaper price and way faster internet) but they say "the lines are down the road from you". And don't know when I'll get service.

Question: Do I have any way to force them to lay down the wire to my house, or to go and edit the map to where they're not false advertising?

Answer: You can't force an ISP to do business with you if they're refusing. And you don't really have any recourse for false advertising unless you're paying for that service and not getting it.


Title: Previous employer will not pay me the expense reimbursements they owe me.

Question:
I was employed by Company A as a consultant, who made me work at company B. I worked there for a year and a half with no issues. After that,
I was offered a full time position to work directly for Company B, which I accepted.

Both A and B are Fortune 100 companies with 60,000+ employees. This is in NYC.

A few weeks later, I recieved a letter from Company A saying that I was overpaid for one week, which after taxes and dedictions was about 1400. I did a full audit of every hour I worked and all the pay I had recieved and confirmed that this is true.

However, I also realized that the company never paid me for $1550 in expense reimbursements for a business trip.

I had already entered the expenses in Company A's system, as well as Company B's system. My manager (at B), and Company B had approved these expenses and already paid Company A. However, those were never forwarded to me.

At this point, I have a string of emails from my side asking to resolve the issue. My original email is from October of last year, with me asking for updates every 10-12 days. Many of the times there is no reply, sometimes there is an occasional "looking into it please hold on" email.

I have emailed and called several people at Company A and still now this issue sits unresolved. They have acknowledged in some emails that they checked and they do owe me (as do I owe them for the extra week) and they mentioned that the approval process is very high up since this is an old expense. My last email was a week ago emailing four people. (2 HR reps, 1 payroll guy and my prev manager at A) I mentioned that I am tired of following up and wish to resolve this asap. I also mentioned that I have to hold off filing my taxes because of this. My W-2 would show me to be earning more than I actually did and I need to fix this and file my taxes asap. No reply.

Should I go to the small claims court? Can I sue for the tens of emails and dozens of phone calls I have had to make? Should I hire a lawyer? Should I complain in company B? to who? These are large companies with a faceless HR dept 800 number where no one wants to take responsibility and it feels like banging my head against a wall.

I really don't know what to do.

Answer: Write Company A a letter that states you intend to bring to them to court over the unpaid balance if you are not reimbursed by a reasonable due date.  Send it to corporate HQ or their legal department (or both).  You can do this via email, if you desire, but I find a certified letter works best.


Title: Ability to prevent a separate room from being sublet?

Question:
I live in Ontario, Canada.

My girlfriend and I are looking for a sublet for the summer, and someone is offering 1 room out of their 2-bedroom apartment, saying that the other roommate will be out of town the entire summer.

Of course, we really don't want someone random living with us with the duration of time that we're there - is there some kind of clause we can put into the sublet agreement to prevent this, or some kind of recourse we can use if that clause is broken?
Topic:
Landlord Tenant Housing

Answer:
 Unless you get the absent roommate to sign an agreement with you saying he won't rent out his room, which seems extremely unlikely, you can't make the guy you are renting from promise that his roommate won't do the same thing he's doing.

And if you find the roommate to bring it up, chances are they will either stop you from moving in, or will think it's a great idea and do the same thing. Maybe you'll get lucky. Are you lucky?


Title: [AZ] Drive-thru cashier kept my change. Is this theft or am I at fault?

Question:
I ordered fast food and my total was $4.32 -- I handed the cashier $20.32  I didn't even realize she never gave me my change until a few hours later. I called the store and talked to the manager on duty and I suggested that perhaps one of the cash drawers was $16 over. He counted the cash and called me back to let me know there wasn't $16 extra in anyone's drawer and there's nothing he can do.

I know I shouldn't have left without making sure I got my change but it was an honest mistake. I assume she didn't make a mistake, as the money miraculously was unaccounted for by the end of her shift.

**Did she steal my money, or did I unwillingly give it away?**

*Edit: shorten and highlight main question.

Answer: Obviously you should have received change, but proving it will probably end up costing you more than 16 dollars.


Title: (canada) friend had his adderall stolen, is he screwed for the month?

Answer: Has he reported it to the police? If so, has he gotten a copy of the police report and gone to his doctor with it? Is this the first time he's needed a refill of his prescription early? Because it'll be up to the doctor's discretion about getting him another refill but having a copy of the police report and no history of prescription issues are points in his favor.


Title: Traveling from US to Canada - Expired Passport

Question: We were packing for our annual road trip to Canada to visit family and realized that my wife's (US citizen) passport expired 3 months ago. We can get into Canada, but I don't know about coming back in 2 weeks. Are there any good options to fix this or are we SOL this holiday season? She has a valid MO driver's license and birth certificate, but I don't believe that these are valid travel documents.

Answer:
 If you’re driving back I’m pretty sure your wife will be okay — afaik Customs and Border Patrol can’t refuse entry to a US citizen as long as the person is at a US port of entry and can provide reasonable proof of citizenship. That process might take a while without a passport though.

Is your wife’s license/ID an Enhanced Driver’s License? If so, she can get across the US/CAN border by car or boat without a passport.

Are you sure you can get into CAN without the passport? I thought birth certificate couldn’t cut it anymore. Pretty sure you need an EDL or passport. Answer #2: If you are a U.S. citizen or permanent resident, you must carry proof of citizenship such as a passport, birth certificate, a certificate of citizenship or naturalization, a U.S. Permanent Resident Card, or a Certificate of Indian Status along with photo identification. If you are a U.S. permanent resident, ensure you carry proof of your status such as a U.S. Permanent Resident Card.

[Canada Border Services Agency](https://www.cbsa-asfc.gc.ca/travel-voyage/ivc-rnc-eng.html#a3)


Title: My best friend broke onto my property and stole 600$ worth of marijuana paraphernalia, and ive been threatening to bring evidence of any of his previous crimes to the police if he doesn't return it all or compensate me in money.

Question:
I should preface by saying that I am 17 living in Colorado with my parents and I fully understand that my legal options are incredibly limited at best.

This is the primary reason why I confronted him directly rather than go to officials, as it isn't inherently legal for me to own anything marijuana related. My parents let me consume cannabis only on my property and only for insomnia under the laws which state that a youth may consume alcohol legally with parent consent on private property. Seeing as how weed is now legal in Colorado I would assume that it would apply to weed and all other age restricted substances (please correct me if I'm wrong).

I confronted him about a week ago (he had stolen from me 3 months prior but it wasn't until recently that I got more information.) And while he initially denied all involvement or anything to do with stealing from me, he stopped trying when I showed him screenshots of him full on admitting to how easy it was to steal from me and how easy it would be to clean it up. Even with all this he refused to pay me back under the fact that I couldn't report him as I would get in trouble too.

With all this in mind, I told him that if he doesn't return my stolen items or at the very least compensate me in cash that I will go to the police with evidence of him breaking in and robbing over 1200$ worth if vape stuff from a convenience store.

Would this be Extortion/Blackmail even though I'm just asking for him to return my stuff?? I would really like to get my stuff back but I would also like to keep myself from being locked up.
Topic:
Criminal Law

Answer:
 That is indeed extortion, don't do it. "Give back my stuff or I'll call the police about you stealing my stuff" is fine, "give back my stuff or I'll call the police about a different thing" is extortion.Answer #2: >Seeing as how weed is now legal in Colorado I would assume that it would apply to weed and all other age restricted substances (please correct me if I'm wrong).

You're wrong. Alcohol laws have specific provisions that allow for underage consumption under specific circumstances. They aren't blanket for all substances.

>With all this in mind, I told him that if he doesn't return my stolen items or at the very least compensate me in cash that I will go to the police with evidence of him breaking in and robbing over 1200$ worth if vape stuff from a convenience store.

>Would this be Extortion/Blackmail even though I'm just asking for him to return my stuff?? I would really like to get my stuff back but I would also like to keep myself from being locked up.

Yes, that's blackmail. And Colorado has some pretty steep penalties for it (think felony).


Title: Can a judge call ICE on a defendant after trial is over?

Question: Can a judge call ice or other law enforcement on a defendant after the conclusion of a trial? For example, if a defendant accidentally implicates themselves during trial in a different crime, can they be reported for such afterwards by the judge?

Answer:
 IANAL. If it's federal court, yes. If it's state/local court it may depend on the jurisdiction and whether state court employees (including judges) are prohibited from calling ICE if the subject's only offense is an immigration violation.Answer #2: As others have noted, it depends on the jurisdiction.   A federal judge could do exactly what you're asking about.  On the other hand, my state has a very firm policy\* that it does not proactively cooperate with ICE.  This includes judges.  State agencies cooperate with ICE to the extent that they must under federal law, but generally don't go beyond that.

&#x200B;

\*as well as a statute that applies specifically to law enforcement


Title: [TN] Wife cheated multiple times, 3 children between us, and she just got pregnant by another man. How does this affect custody of the kids?

Question: I would love to have custody of my 3 kids. She hasnt held down a job in 9 years, doesnt have transportation, and barely sees this kids. Now she is pregnant with another man's baby. Will this give me any leverage on gaining custody of my 3 kids? Oldest is 6 yrs old if that means anything.

Answer:
 No,  the fact that your wife had an affair and got pregnant is not leverage in a custody battle.  Answer #2: Tennessee provides [various at fault divorces](https://memphisdivorce.com/tennessee-alimony-law/at-fault-divorce-in-tennessee/) but the only thing that would influence the custody issue are things that she would've done in front of the kids.  Her "barely seeing the kids" has a bigger impact.

But realistically the optimum way to approach this is to talk to her, and see if she wants to be divorced and free to raise the child with the other man in her life without the requirement that she also raise her children with you.

If not, hire a really good divorce attorney.


Title: Dad got cheated on by his girlfriend

Question:
Hello like the title states my dad recently found out his girlfriend of six years was cheating on him. He invested over 40k into her house, I was just wondering if there is anyway he can take this to court. Thanks guys!

Location: Texas

Answer: Was there some reason he would have expected to get that money back, even before he knew of her infidelity?


Title: [CA] I am salaried and my work is generously paying us for the Thanksgiving holiday. However, they say if we work on the Friday after, we have to tell them because it is taxed differently, and they can't explain why.

Question:
This is a massive company and HR is notoriously slow about getting back to people.

The HR rep who came to see me said that if I choose to work on Friday I need to tell them because of the tax implications, but she was not sure what those were. I am salaried for a 7-day week and exempt (work 5 days typically). Can anyone give any insight into this?

Answer:
 CPA here.  Compensation is compensation.  You'll be taxed on it the same regardless.  They may be treating it differently as holiday or something internally.Answer #2: Are they paying you extra on top of yoru salary? IE: paying for your holiday, and if you choose to work, essentially giving you "double pay" for that day?

If so, they may be treating it - tax wise - as a bonus.


Title: Could be getting sued for defamation. I don't think it meets the definition. A little help before I proceed?

Question: I left a comment on facebook that listed two factual statements about this previous person's crime. I also made mention of some one freeloading off of one of my relatives, apparently they pay rent. I doubt that this is recorded in the tax filings of said family member. I also doubt the validity of her paying rent. I live in louisiana and the offended party, in NJ.

Answer:
 The factual statements are completely fine. You can't defame/slander someone with the truth.

As for the freeloader comment, in order to seek damages, they have to be able to demonstrate that they suffered a loss as a direct result of that statement. If they lost their job or something like that, they could pursue damages. If all that happened was their feelings got hurt, then you're in the clear.


Title: (WI) The bars behind my house don't clean up their broken glass, gets swept across the street into our parking spots, which has now caused a flat tire.

Question:
We've spoken to the bar owner previously so this is not a new concern. You can see tons of broken glass littering the street, and the rain causes it all to go right where we park our cars. Got out of the car today and heard a tire loosing air, as in a FRESH puncture... The police weren't much help, saying they don't think there's much they can do.

Any ideas? Thanks.

Answer:
 Small claims?   File the paperwork and see if the owner budges.  It sounds like this guy is the kind that only sees "green".  Answer #2: Call the health inspector on them.  Food, drunk people, and broken glass never mix well, and at least in Virginia that massive amout of broken glass would be a violation.

Also, sue them in small claims


Title: Do "lunch plans" with expiration dates run afoul of gift certificate expiration law?

Question:
I am currently a patron of a "lunch plan" service in Washington state (I won't name the company here because I'm not trying to start a witch hunt, but you can probably figure it out).

The way it works is this: you sign up for a monthly "lunch plan" where you pay a specific amount of money per meal, paid up front, for a set number of lunches to be redeemed over the next 30 days. Many restaurants around the area participate with this lunch plan service by allowing patrons to sign up for a specific meal on offer and pick it up via the service.

The draw is that the price per meal comes out to around 6 or 7 bucks, depending on how many meals you commit to. On the other hand, if you don't use your allotted meals all within the 30 day window, your cycle ends, you get charged up front again for another batch of meals, and any meals you didn't use are lost.

I and others have experienced this situation where we ran out of time to use our lunches and lost the remaining value for the month.

I considered that they probably rely on people paying up front for a service that they won't fully utilize as a way to pad their profit margins. I was reminded of the consumer protections in place concerning gift certificates and gift cards (which are more consumer-friendly in WA state than they are nationally).

From RCW 19.240:
https://apps.leg.wa.gov/RCW/default.aspx?cite=19.240&full=true

> 19.240.010
Definitions.
(5)(a) "Gift certificate" means an instrument evidencing a promise by the seller or issuer of the record that consumer goods or services will be provided to the bearer of the record to the value or credit shown in the record and includes gift cards.

> 19.240.030
Expiration date allowed, when.
(1) It is lawful to issue, and to enforce against the bearer, a gift certificate containing an expiration date if:
(a) The gift certificate is issued pursuant to an awards or loyalty program or in other instances where no money or other thing of value is given in exchange for the gift certificate.
(b) The gift certificate is donated to a charitable organization without any money or other thing of value being given in exchange for the gift certificate if the gift certificate is used by a charitable organization solely to provide charitable services.

Is it legal for this company to sell a promise of future lunches to be redeemed and then make it expire and take away the remaining value?

Answer: This isn't a gift certificate. It is a time locked service.  It is the same as a gym.  You sign up with the expectation of going every day and pay $X.  Inevitably, you only go 4 times in the month.  The other 26 days aren't carried over into the next month.  Or, better example, I buy a monthly commuter train pass, but sometimes I work from home.  Those rides I dont take in the month do not carry over into the next, they disappear when the dates I paid for are over.Answer #2: NAL but if this is illegal then most universities in the U.S. are breaking the law by selling limited meal plans that don't roll over to their students.


Title: Got paid less than minimum wage, spoke up and got fired. (Indiana)

Question:
(Just posted this in PF. was referred here.)

 I apologize in advance if this isn't the appropriate sub. This just happened and I need some advice before I go in to get my check tomorrow.

I run a small LLC and do some freelance work for the majority of my income. Finished my degree last year and have been doing a lot of different things, but no long term jobs. Late this summer, I answered an add on Craigslist for a ballroom dance instructor. It said you didn't need any experience at all. Well sweet, I like to dance and could use an extra few bucks on the side to get through the lean times. Sign me up!

I felt a little fishy about the thing from the start, but I told myself it was mostly because this place was so unorganized. There was one girl already working there at the front desk part time who I trained with, and I agreed to come in a few nights a week without being paid to learn the ropes. I looked at it as free dance lessons, and figured even if I quite before I ever got a check, it's no skin off my neck since I couldn't afford to pay for lessons right now anyway. I liked the instructors. Everything was fun. I'm not starving.

But this drags on for a few months. Finally, I get a call from the manager (the owner's son) saying I'm scheduled to teach. this is a Tuesday. I'm usually there Wednesday/Thursday/Friday and haven't taught yet, but I say screw it, as long as you pay me I'll come. This happens three times in a two week period. I'm still training too, learning to dance but also learning all their procedures, teaching methods, etc. Which obviously already know pretty well since I'm teaching, but whatever.

A few weeks go by. Multiple conversations about getting me on the payroll, but people are out of town and busy and it takes a while for me to get a contract. Finally do, get it filled out along with a W4 and turn it in on Friday.

When everything started, i was told the training was unpaid, but clearly I expected to get paid now that I am actually an employee. Over the next two weeks I am working a total of 27 hours. Some of this is manning a booth at the mall they were trying to use to get leads, which is a waste of time for all involved. Some of it is sitting around the studio. A bit is going over procedures. None is dance training, and they only have me teach one lesson.

Pay generally works on a per lesson basis. I found out just recently the starting rate is $10 a lesson, which is ridiculously low but whatever. You also get commission if someone you teach signs up for a lesson package.

So I finally sit down with the manager to fill out a time sheet. He says they pay $10/hr for the time I was advertising at the mall, $10 for some of the parties where I was dancing with our students, and $10 for the one lesson (plus an $18 commision since it was their first lesson and they signed up for more). But for the rest of the hours I was in the studio, nothing. I do the math, it works out to about $5.50 an hour. I tell him this is a problem, both ethically and legally. There has been talk about a minimum guarantee, but nothing in writing. This is Friday, Christmas is Monday, he says he'll talk to his Dad, figure it out, and call me Wednesday.

Wednesday: no call. I go in to get my check, but I'm not dressed to dance because our issues have not been resolved. I explain to him as an employee I cannot be paid less than minimum wage. He says any time you are not teaching is unpaid, and you should be learning and working on your dancing (regardless if there is anyone to work with). My understanding was always that initial training was unpaid. But this is sketch AF. I'm an employee. I'm here. I get paid, SOMETHING, period. It is a very civil discussion, no raised voices or anything. I ask him to get with his dad like he said he would, since he likes to play the "not my decision" card. I agree to come in the next day and teach the one lesson he has me scheduled for, but not the full eight hours originally planned.

That night, he leaves me a message and says don't bother coming in tomorrow, you can pick up your check Friday. He goes on that they have thousands of dollars out the door already training me, giving me free instruction, which isn't true at all because he told me himself the other instructors aren't getting paid to work with me, not to mention that only a fraction of the instruction I got was straight up "dancing." A lot was just their business methods, giving and receiving fake lessons with the other trainee over stuff we could do in our sleep, etc.

So that's where I am. I've long since written off everything before I turned in the agreement, though I will still get the $30 for the three lessons I taught last month. But For the two weeks I actually worked there, $5.50 an hour is it.

Now, this clearly isn't a make or break amount of money. On a financial level, it really isn't worth my time to fight over the difference between what I'm getting paid and minimum wage, and I never would have signed on for minimum wage anyway. But as a matter of principle, it really pisses me off, and seems clearly illegal.

So what do I do? Do i just take the check and let bygones be bygones? Do I threaten to file a complaint with someone? I live in Indiana. I'm honestly against their behavior enough to put way more time than it's worth into it if it would make them reconsider their actions. Clearly there is no future for me at a place like this anyway so it's good to get out soon, but I know plenty of small to medium sized business owners (and hire contractors myself), and know this kind of thing wouldn't fly anywhere else. But the manager insists that "dancing is different (and no, this is not a 1099 gig).

TL;DR: unpaid training what I agreed to (verbally). Unpaid employment is what I got (with paper trail). Any recourse, or at least a way to make these dumb-asses sweat (and yes, they are dumb. And a little slimy). Lend me your pitchforks please.

Answer:
 Yes but you won't get much out of it.  You are looking at speaking with the Department of Labor, Wage and Hours Division.  I'd call and speak with one of their investigators.  This is a low damage/no damage, low concern matter but if they have a new person on board, they may actually assign it as training for them.

Since you are not working there anymore, you have little fear of reprisal.

I'd speak with them (Google DOL WHD in your area).Answer #2: File a wage claim with your state's Department of Labor. Include all the time you spent training or otherwise working. There's no such thing as a "dance exemption" to minimum wage, and that includes the training period.

Don't threaten, just do. The Department of Labor will investigate and get you your money.Answer #3: It's clear they have no intent of paying you. Contact your state's department of labor and file a complaint for unpaid wages. you may also want to see if state law allows you to sue for additional damages.

No matter what, they are required to pay a minimum wage for every hour worked.


Title: Sister created hoax death of teacher

Question:
Ontario, Canada

My younger sister (intentionally) posted a picture on a location-based message board (similar to Yik Yak) a fake email from a local school claiming a teacher died. The message was widely circulated for about 10 minutes before she updated it admitting it was a hoax.

Obviously she's in trouble at home but legally would there be any problems? Has she committed any crime or are we clear in that regard?

Sister is a minor, and the school isn't the one she goes.

Answer: She could theoretically be charged with a crime if someone suffered as a result of her actions. Say for example if a relative of the teacher saw the post, believed it and was so traumatized they accidentally crashed their car. It would need to be proven that 1) your sister did something she should have known could cause harm, and 2) that someone was substantially harmed as a result of her actions. It doesn’t sound like this is the case, so any legal consequences are extremely unlikely.


Title: Underage girl on social media enabling pedophiles and posting nude photos of other underage people. Is there anything I can do?

Question: This girl is 15 and openly brags about how she receives sexual favors from adult men. She also encourages adults and underage boys to send her pictures of their penises. I'm not particularly worried about her, then again that might be bias because I cannot STAND her. But she admits that she's enabling these pedophiles and will not report them to the police. Im worried that these men will go on to hurt children. When I confronted her about it she said that she didn't care, even if they did. She also actively sends nudes photos to these guys and uploaded a photo of a 16 year old boy "pleasuring" himself. Some child porn ring bs is going on and this 15 year old girl is in the middle of all of it. I don't know what I can do to bring her down and get these adults she's enabling.

Answer:
 First off, lets not ourselves interact with minors on the internet who send pornographic images.

Second, you can report to police. FBI has an online internet tip page.


Title: Neighbour Suing My Elderly Parents Over A Shrub

Question:
Looking for some legal advise. My parents neighbour are suing them because their garden cut down part of a shrub that he mistaken for being on my parents property over two years. A small part of this shrub was growing onto our property.

This week my parent's neighbour sent a letter claiming he had an arborist look at the shrub  and the arborists claims our gardener killed it and that he will be taking us to court over damages.

Trying to find the best way to proceed on this matter. He has been a difficult neighbour for what its worth who has often tried to create conflict and even suggested to a neighbour they should try and buy the house together from my parents  because it hurts their property value. Part of me think he went out of its way to kill it after the fact.

Answer:
 Why don't your parents just pay them for it and avoid a court battle?Answer #2: They can legally trim the part that is growing onto their property. $1500 seems just a wee smidgen on the high side, but trees often have much higher value than one would think.

Does the gardener have business liability insurance? If so let them handle it. If not, I'd ignore the neighbor until they are actually sued. Their homeowners' insurance may also cover. Answer #3: How much money are they asking for and what kind of shrub was it?