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[NY] My parents want to deed a property to me and retain life rights, I don’t know where to start or what questions to ask.
| My parents bought 2 parcels of land deeded together about 25 years ago in the town I grew up in in upstate NY. One parcel is about 4 acres, the other is about ~.1 acre down the road on the lake. The ultimate plan was to build their home there, but they never got around to it (my father’s job provided cheap housing, so it was never a necessity). When my father retired last year, they bought a house in Florida and moved their primary residence there. They had kept an insurance policy tacked on to their renter’s insurance that covered the property (there’s a shed on the larger parcel that they use for some storage and a dock on the smaller, but I believe their main concern was with liability). Since they’ve bought a house in Florida, they no longer carry the renter’s policy (it expires next month), and that insurance company refused to insure just the land. Additionally, their homeowner’s in Florida will not insure it since the property is in NY.
Out of the blue, my mother mentioned deeding the land to me, so it could be covered under my homeowner’s policy (I have not yet talked to the insurance company about this) since I still live in NY, and keeping life rights so they can use the property or still build a house or cabin in the future.
Would I need to talk to a real estate lawyer about this? Estate planning? I’m not sure what questions to ask or what language to use.
My main concerns I’ve come up with over the past few days:
1. Is there any easier way? If all they’re looking for is insurance, it seems drastic to transfer the property.
2. My sister lives in California. I had always assumed that the property would go to both of us upon my parent’s death, but she wasn’t mentioned. I haven’t spoken to my mother in the few days since she first brought this up, so I’m unsure where that stands. I’m certain if she was consciously left out of the discussion it was more due to the fact that she’d have no real use for the property or maybe even interest in it, but it still makes me uneasy. Maybe it's just that I'm in NY and could get insurance on and look after the property. I’m well aware that this needs to be sorted out before anything happens (if only for my peace of mind). How would this work if it were deeded to just me vs to both of us?
3. Tax implications as far as being “given” a piece of property. Would I owe taxes on it now? Or after they die and the transfer fully takes place?
4. Who would be responsible for the property taxes on the land?
5. What happens if I die before my parents? Does my “portion” of the deed pass on to my wife, or does full ownership revert to my parents? Do their life rights stay intact?
6. What happens if I am forced to declare bankruptcy or otherwise have creditors come after me? Would they be able to take the property? Is there any way to ensure my parents continued rights in the event of something like this?
Thanks for any advice that anybody can offer. This whole thing really threw me for a loop, and having a general understanding of the law around this would be very helpful in making plans to move forward with an appropriate attorney.
Topic:
Wills Trusts and Estates
| A transactional real estate lawyer will have all the answers you need. A recommendation for one from friends is the best way to find someone, but you can also call your county's bar association for a referral (just have to tell them the type of lawyer you're looking for). |
Employer refuses to terminate an employee who threatened to kill a staff member using a gun. What can I do?
| This employee was just reinstated after a 6 month investigation and home work assignment for telling multiple people he was going to shoot and kill a co-worker at work. A separation order was put in place between the 2 employees, however the perpetrator has a history of work place violence and pulling a gun in a road rage incident. I don't feel safe. What do I do?
| Why haven’t you called the police. This is what they are for.Answer #2: You can quit. You can complain to your managersAnswer #3: You've stated you work for the police - do you have a union rep you could go to?
​
I think it's really important to consider your own safety at this point. Can you put in for a transfer to a new department? And in this case, do you even want to work for this county to begin with?
​
Good luck OP - I really hope things shape up soon.Answer #4: Make an OSHA complaintAnswer #5: State-run corrections? Are you unionized? Sounds like a Union issue to me. If you are not, your best bet may only to be getting together and having each employee tell management that they do not feel safe working around this employee. If that does not change their mind, those of you willing to do so can threaten to quit, and then follow through. |
Neighbors are ruining the neighborhood
| So the house next door to my dad’s house is for rent, once again. The landlord made it section 8, in a neighborhood that is far from section 8. Mostly everyone in the neighborhood is very quiet and old. They all keep to their selves. The landlord keeps moving in people who have large parties, let their kids run around in the road, and the last 3 tenants have had the cops there CONSTANTLY. The landlord is not apart of an HOA. I plan to talk to him and ask him if he will do a background check on the next people he moves in, but another neighbor told me he is very rude and unresponsive to this. Is there anything I can do? Or should I just suck it up and shut the fuck up?
Topic:
Landlord Tenant Housing
| Unless they're breaking noise ordinances or doing anything illegal, there's nothing you can do.
"neighborhood is far from section 8" is a pretty fucked way to describe things, too. That's not legal advice, that's just my opinion. |
Child law SSN and taxes
| My ex wants our daughters social because he wants to claim her on the taxes which I think he can't unless I fill out a form because I'm the custodial parent. He's threatening me for court and I'm scared he's going to actually go since it's about money and while he's there he would have the option to ask for more time with her to hurt me further. So today is my chance to give it to him with no hassle of court. Should I give it to him and just file for fraud because I didn't technically give him permission on the 8332 tax form? In our court agreement it says nothing about taxes.
The reason I don't want him to claim her is because he will have access to her social every year and put up a fight for the money. This past year he's only paid 2 months of child support so NOT half of the support throughout the year. I didn't work but my grandmother paid for everything. This year I'm going to get married and my husbands income will count as my own then I(we) will claim her.
So in short... Help? Do I give it to him and figure it out later?
California. USA.
| He could get the kid's SSN himself if he wanted. I'd just hand it over next to express written indication you're not giving him any tax permissions. Answer #2: If your court order is silent on taxes then you can either work out an agreement between the two of you or go back to court. |
I am worried about being charged with furnishing alcohol to a minor
| Hi everyone. I go to college in Michigan and bought some alcohol to some minors. Anyway the minors got busted and got Minor in possession. I wasn't with them when they got busted. Anyway, they have a court hearing soon and I'm worried if they will sell me out. What should I do?
| If the police contact you, don't answer their questions. Say nothing. Ask to speak to a lawyer.
|
Sent unsolicited pic to girl on Whisper app
| [NC] So a girl that I sent an unsolicited dick pic to on an app called whisper is claiming she is going to contact the police. She also claimed to "have 5 guys arrested in the past 2 days". Is that even possible? Am I fucked? What are my options here?
Topic:
Other Civil Matters
| Serious question, something I've always wondered. Has the ole....
Him: My name is Steve
Her: My name is Julie, how are you?
Him: <transmits dick pic>
Has that **ever** worked for you? Has a girl ever been some impressed with your dick that she just threw her supple body at you and demanded sexual satisfaction?
I just don't understand why males think this is normal and the best way and best probability to score a date.... |
Is this stealing on the job worthy?
| Okay so I am a nineteen year old, and I work as a part-time bakery worker. I mostly just do frozen set up and work at the closing hours because during the day I go to college. I feel guilty because every now and then I would take something from the sales floor at the bakery and eat it. Granted, I don't eat all of it. So I would take like a pack of brownies, I would eat only one of them, and then I would put them on the sample area at our bakery so then we can serve them as samples. I don't pay for them, I see people doing that when I work sometimes do that. I work at a grocery store so there are more than just bakery people. I never got yelled at, I never got fired or anything. I have been working here for a year. I would also eat a bagel if I get really bad hungry, they are only 99 cents. I still don't pay for it though, and I know that's a criminal offense of stealing. Same thing with the sample thingy where I take one out of the package and put it at the samples, that's stealing also. I don't know what they would do if I ever get caught, there are cameras but like if nobody sees you do something it's like the cameras are useless. I have heard people getting caught in trouble of doing other things, however never by camera. Another person who closes the store does bad stuff to. He uses his very own Swiss army knife to open boxes and stuff, and that's a automatic termination of they ever see him do that (especially since he doesn't wear a cutting knife). I know I said the things I do are stealing, but I have never ever walked out of the grocery without paying for something. And even sometimes when I have a bagel I would pay for it. I just feel like they will fire me. I am only 19, and my primary focus is college, so if they fire me it's not the end of the world it's not like I have family to feed. But I just don't want to be arrested for having a bagel once every other week or so. However I know corporates are brutal and they don't give a shit and they will press charges on me. Nobody has said anything to me about it, and everytime I walk I In nerves my boss never brings it up to me so I am assuming as of now nobody knows. I will begin to stop this because I still feel bad and scared I will be arrested and shit. What do you guys think?
Topic:
Consumer Law
| I believe stealing is illegal in every jurisdiction on earth. You should probably stop that? Answer #2: Just stop eating food without paying for it and you'll be fine.Answer #3: Also, learn to embrace the healing power of paragraphs. Answer #4: Stop stealing. It doesn't matter if you never leave the premises. |
(Argentine, MI) Landlord claims 4000 dollars in "occupancy fees" in arrears, despite my not being an occupant or leaseholder. This is after withholding the security deposit for "violation of lease",
| To start, this issue began in March of 2017. On March 22nd, after i was spending the night at my gf's apartment, we opened the door to find a notice to quit document pinned to the door by a magnet. There was a cover letter for this notice, which was dated March 14th, and detailed charges which would be incurred (rent) by April 6th (date of file plus 30 days), while the actual document was dated for March 5th. Imagine our surprise when we found out she had 8 days to vacate, or face having eviction filings. We fully documented everything from this point, as the discrepancy in dates sent up red flags. She did not recieve any notice through first-class mail, despite the landlord's claims. She vacated the premesis on March 31st, as per the lease agreement's final day. We moved into a new apt, together, on the same day.
Fast forward to April 22nd, the date of actual delivery plus 30 days, and the deadline for an itemized list of damages passes without word from the LL. Then, April 30th, the hard deadline for return of security deposit was missed as well. On May 2nd, she finally recieved the itemized list of charges. This included $200 for "cleaning", which amounted to removal of coat hangers and empty boxes, as well as claimed nails in the wall (blanket fee in the lease agreement, but still not the professional cleaning implied by the lease), a complete forfeiture of security deposit, based on a breakage of the lease (cat on premises for 5 days while a home was found), charges totaling around $300 for damages (which fall under "normal wear and tear" e.g. vertical blinds being worn) and a charge of $3975 for "occupant not on lease".
She filed on May 15th, a small claims suit in the district in which the LL's LLC is registered, and where the property in question sits for $1080, the security deposit x2, which michigan law states (to our knowledge) is standard for missed deadline on security deposit return. Today, June 16th, 2017, we recieved notice that the suit has been removed from small claims and moved to general civil court. I believe this is justified on their end by the fraudulent claim of $3900+ charge for occupancy ($75 per day per person) of persons not on the lease. I have a notarized letter from my mother that confirms that at no point did i occupy any residence but hers (the same address on my driver's license, and under the law).
My main questions center around the definition of "occupant" under Michigan law, as that totals the majority of the counter-suit we anticipate from the LL. LL missed the deadlines, but my gf also violated a clause of the lease agreement by having a cat not approved by written consent; forfeiture of security deposit is the language, but is seemingly illegal citing the Michigan statute stating "security deposit is only to be used for actual damages". No damages were incurred by the cat, and was resolved the day that the issue was brought up, idk if that is relevant. The LL's lawyer served the removal on the 6th of June, and undercuts our court date of the 19th. We would like some help.
What constitutes "occupancy" for Michigan, or somewhere similar?
Is the clause forfeiting security deposit for a pet not stated legal, or standard?
Should we be concerned that the LL has forced the suit into general civil? The attorney on her retainer filed the removal order
If the notice to quit is filed in such a way that its full term falls after the term of the lease, is the renter liable for rent/charges until the end of the lease, or the term of the notice itself?
The list of itemized damages was recieved after the deadline of 30 days from vacation; does that constitute forfeiture of security deposit on the LL's part? If not, what might we be entitled to?
We're lawyering up, that's not in question.
| Does your lease say anything about guests not staying more than x consecutive nights or something? How often were you actually spending the night there? |
Abandoned?
| Can a individual legally move into a abandoned home/ ghost town which we have many in Michigan rebuild and or repopulate? Legally?
| You can move into the area as a squatter, then as long as you treat it as your own for 10(?) years it can become legally yours. Answer #2: Or you could look up who the owner of the house you want is, and offer to buy it for some incredibly low sum.Answer #3: The other side of this as well is that you can pick up some of those properties for next to nothing at tax sales and not have to deal with the risk of squatting. Some of them the city may be willing to give away if the property or area is blighted enough because they will get the property taxes. |
Students advising students
| Hey R/legaladvice
So I currently am a student senator for our university and one of the biggest issues facing our students is off-campus housing. We have had 4 student housing fires in the last 3 years as well as our student hired lawyer is most utilized for landlord tenant issue resolution. Because of this I have decided to champion housing issues as a student rep and am working on several programs to deal with these issues.
The specific program I have questions about is a lease review program. In this program students from student legal society would receive training from our student hired lawyer as to what to look for in a lease when reviewing it for legality and applicability. From there we would work as a group to review students leases that they bring to us or we seek out and not give them any advice other then if they should seek input from our student hired lawyer or not.
This is one of several programs and I am curious of the legality or possibility of such a program to gather information as to how landlords are working within our university neighborhood. We have several other programs but personally this is my favorite program idea we have but I just want to make sure we won't be walking any narrow lines legally in doing this. Any and all input would be greatly appreciated, this would be happening in the state of Wisconsin if that helps any more
TL; DR we want to create a student reviewed lease program and want to make sure we don't step on any toes doing so.
| > if they should seek input from our student hired lawyer or not.
The answer should always be yes. |
Minnesota, United States - Is it legal for a hospital to film in a patient room without consent?
| I have epilepsy. I was hospitalized in the ER after a seizure. After the seizure I had what's called a post-ictal state, which means there are temporary changes to my behavior which I don't remember. Basically the hospital said they are pressing charges against me because I spit at a nurse in the patient room. The police officer said that "they have it on tape and, if they see it on tape, you have to go to a judge."
Is it legal for a hospital to be filming inside a patient room? I doubt there are security cameras inside the patient room, but it is possible someone was recording it with their cellphone. Is any of this admissible in court and is it even legal for a health care worker to do?
Thanks.
Topic:
Healthcare Law including HIPAA
| If you were postictal and violent you very well could have been placed in a filmed room, for your safety and the safety of the staff. This is legal. |
Failed breathalyzer with no drinking Michigan
| [deleted]
| you were drinking, and cleaely a lot more than you remember. Is any drinking a violation, you need to talk to your attorney pronto to get ahead of this. |
Roofing Company did a poor clean-up
| Recently, a roofing company came to my street to work-on/replace the roofs of some of the houses on my street. I did not hire them for any services, but I let them use my driveway to leave some of their equipment. In addition, many tiles the roofs feel down onto my driveway. Before they left, they did clean up, but did a poor job. When I went to check, I found a nail left in front of my doorstep, and saw many tiles left in my trees. Is there anything I can do?
| If you only found one nail after that many roofing jobs, they did a fairly decent job of cleaning up. You could sue them for the clean up, but honestly how much is it going to cost for you to pick up what they didn't?Answer #2: Clean it up. |
99 Problems
| Seeking advice; would like to know if I have a winning case or not. What it boils down to is I would just like my money back, because this isn’t fair.
Back in July or August I was going to gift a check of $800 to my current girlfriend, within the context of her using it to pay for tuition to go back to school. This check was presented to her without a date. When the check was brought up we both agreed that I could not afford it at the time, and she didn’t have time for school.
She ended up going back to school without using the check, and I was given the impression that the check was disposed of.
Fast forward to late October and we break up. Split was seemingly amicable, we just didn’t work out. She became privy to knowledge of the mother of my child coming around and staying the night. Then 3 days ago she deposited the check.
The date was signed by here which is not a crime. If I take this to court as a small claim, how likely is it that I will win?
She has said twice since that she “was going to give me the money” but I was being an indecent human being. Which isn’t ground to not do so, AND I have been perfectly civil in the matter.
All of the text messages are saved. Is it worth it to go through the process, or do I just bite the curb in this one?
| You gave her a check. She cashed it. You're SOL. |
[US] If you get hit by a vehicle, when you're on a bicycle, what options do you have? I mean, on the law side of things, what do you do?
| Assumptions:
* You're still alive
* It was the vehicle drivers fault
* Cyclist followed whatever laws need to be followed
| You do the same thing you'd do in any other auto accident: make sure everyone is okay, call the police, get the driver's insurance info. If you have damages, you can recover against the driver or his insurance. |
Possible Insurance Fraud: Counselor won't step me down from intensive outpatient but insurance won't pay for more
| I need to complete this outpatient program or I won't have a future anymore.
The program has three phases, which are intensive outpatient (IOP), clinical (regular outpatient), transition. I've been in IOP for many many weeks because I don't agree with my counselor on some aspects.
My counselor refuses to step me down to clinical because of our disagreements. Insurances, however, won't pay for any more IOP. I'm told I need to pay out of pocket and that only my counselor can make the decision for me to leave IOP.
This is frustrating because I've already spent money on this program, and I need to complete it, but insurance won't pay anymore for IOP, and I don't have the kind of money to pay out of pocket.
| It's not insurance fraud. You disagree with your counselor. They say you aren't ready to step down, so you aren't ready to step down. I'm sure they'd like to step you down because they're going to get paid from insurance, they're not necessarily going to get paid from you. |
Emotional Support Animal
| I recently moved into a public subsidized housing complex where they allow animals but they discriminate against any Pit-bulls and Rottweilers. My question is seeing I've gotten a new Rottweiler just now thirteen weeks of age, would it be acceptable to pursue acceptance of this animal within the complex as an emotional support animal. There is very little housing I can afford on my student income and being restricted to this single complex that is discriminating against my animal companion makes it extremely difficult on me. Any further suggestions, or thoughts on the subject would be of great assistance.Location Minnesota.
Thank You Very Much.
| > My question is seeing I've gotten a new Rottweiler just now thirteen weeks of age, would it be acceptable to pursue acceptance of this animal within the complex as an emotional support animal.
Emotional support animals are not a tactic to be used solely to get your pet into a complex.
If you have an actual diagnosed disorder, and a psychiatrist who agrees that you **require** this animal, maybe. If you don't have that diagnosis, and a treatment plan, and an order from your treating doctor, then you wouldn't qualify.
|
Subletting Apt for More than my Current Rent
| hey there.
I currently am leasing an apt in Los Angeles, CA. The unit is rent stabilized and the rate I have is frankly 30-40% under-market rate.
I love the place and want to live there for many years to come. I am, however, taking a fellowship for the next year out of country and thus want to sublet the apt for the next year.
I will be leaving the apt fully furnished. Am I legally allowed to sublet the apt for more than I am paying, keeping in mind the unit is fully furnished? I can't imagine the landlord can step in and say that I am overvaluing the furniture.
Thanks in advance for any and all advice.
| > the rate I have is frankly 30-40% under-market rate
That's the entire point of RSO.
Los Angeles doesn't screw around. If you proceed with this plan you may or may not be sued, but you are likely to lose your tenancy in the unit for violating RSO for one or two reasons. One, using the rental unit for an illegal purpose. Two, failure to renew a similar rental agreement. You would not be able to get the subtenant out, legally, without going to court and testifying that you were illegally subletting the apartment. Way too much of a risk. If allowed, sublet it at the price you pay. Profiting off of something meant to make housing affordable is going to make the city attorney salivate, and with you out of the country, you'd be returning homeless and to a real legal mess. |
[WI] Neighbor Making False Assault/Dog Attack Claims
| Approximately a week ago, my girlfriend was taking our friendly, 35lb beagle out for a walk, and when returning, a neighbor of ours stopped to pet him in the vestibule of the building. Another neighbor of ours (known to have a dislike of dogs) was in the vestibule at the same time. According to my girlfriend, our dog sniffed at the dog hater (never touched him) and this person quickly pulled out what appeared to be a whistle on a rope and hit our dog with it. My girlfriend, reacting, shoved the old man away from our dog and scolded him, telling him not to hit our dog, to which he replied, "Well, I have pepper spray..."
Fast forward to today, and I find out from our building manager that the DA is requesting video footage of the incident. I haven't seen the footage myself, but I asked the building manager if there was any reason he could have seen for the resident to hit our dog, and the building manager indicated in the video the resident appears to attack our dog unprovoked.
I've also learned through speaking with the building manager that the dog hating resident has changed his story from "nothing at all happened" to my girlfriend punched him in the face after my dog attacked him; I'm guessing the second story is what he told to the police. I'm wondering if I should be calling around to a lawyer at this point, or wait to see if the cops even want to talk to my girlfriend (she knows not to speak to them without a lawyer) in hopes that once the DA obtains the video, this will just all be dropped.
It may also be important to note that this man is old and somewhat feeble (walks around on crutches, doesn't seem to be able to take care of himself as he wears the same clothes every day).
So my questions are:
A) How much can someone defend an attack against their dog? Is shoving someone away after they hit your dog a reasonable response?
B) Do I need to be looking for a lawyer right now?
C) Is there anything I can do legally to ensure we don't have any more issues with this guy (possible restraining order?)? (Getting back at him for hitting my dog would be an added bonus.)
Updated Question:
D) Is there any way I can find out what exactly this guy's story is that he gave to the police? Not sure if that's a "criminal complaint" or what.
| > A) How much can someone defend an attack against their dog? Is shoving someone away after they hit your dog a reasonable response?
Depends on the situation at hand. As described, I would say the first reaction should have been to remove the dog from the situation (backing up, moving to another location, etc.) but then again, I was not there. If I had felt that the attack against the dog was the first but not the last, I would have been inclined to do the same, and separate the man from my dog.
> B) Do I need to be looking for a lawyer right now?
Wait it out. I find out it odd that the DA would be investigating at this stage. If anything comes of it, lawyer up.
> C) Is there anything I can do legally to ensure we don't have any more issues with this guy (possible restraining order?)? (Getting back at him for hitting my dog would be an added bonus.)
Legall, I do not think there is anything you can do at this point. If threats or other violence continues (even against your dog), then a restraining order may be a viable option.
--Edited to respond to all questions--Answer #2: You should ask for a copy of the video too! Just to be on the safe side, always get your own copy! |
United States (Michigan) : Can a patient who is medically competent refuse a transfer to a different hospital?
| The title pretty much sums up the question. If you're able to link to any medical law information regarding the topic, that would be fantastic. I can't seem to find a truly solid source to answer the question on my own, alas.
Topic:
Healthcare Law including HIPAA
| A competent patient can refuse the transfer, and unless it's an emergency, the current facility can discharge the patient.
You don't have to go to the new place but they don't have to let you stay at the old place. |
Wife put on paid leave because she has eczema
| My wife works for the state of Kansas, and also has eczema. Today she was put on paid leave through Monday and told not to come back until she had a doctor's note clearing her for work again. While she had been told it was due to concerns about communicability, the letter she received from her departments chief counsel was non specific in that regard. Overall it has been a fairly unwelcoming work environment, and we are taking steps to find her a job somewhere else, however she has felt she had a target on her back for months now. She has contacted her dermatologist and the note should not be a problem, but is this something we should be more concerned about?
| I mean it's only prudent to make sure that a skin flaking illness is not communicable. If the work environment is hostile it only makes sense to be seeking employment elsewhere though. |
Fired from work because an employee took a swing at me
| Hello reddit. I'm here today seeking some advice. Yesterday me and an employee had an altercation at my place of work. words were exchanged and the situation went spiraling out of control fast.
The other employee came at me and took a swing. He missed but was charging at me and we both went to the ground. Other employees broke up the incident and we were told that both of us were fired.
Today, in attempt to get my job back, I was informed the other employee was not fired. This has me upset. After all, he charged me and threw the punch. What can I do? I'm worried with a termination of "fighting" at my job will make it very difficult to find future employment. I live in Oregon and not sure about the laws. Do I have a case? What should I do?
| File for unemployment, look for a new job, and if you have issues managing your anger get some anger management therapy. Learning how to deescalate a situation before people start swinging is a valuable skill. |
Two bills that I did not agree to pay for (Lawyer, Therapist)
| Hello, I went to see a lawyer with my mother and signed a legal paper. She was the one who payed the lawyer. I did not sign or verbally agree to pay anything. He sent me a bill for 500$. I also used to go to therapy sessions with my mother. I was sent a bill for 200$ dollars and did not agree to pay in any way. Should I ignore these, tell them I never agreed to pay, or pay? Thanks
| There isn't enough information. Presumably you are an adult and you received services. You should pay for the services that you received. If there was a misunderstanding (between you, your mother, and/or the service providers) about how much the services cost, and who was paying for them, then get that cleared up. |
HIPAA violation by my fiancé's bosses?
| My fiancé is a licensed clinical psychologist in the state of Georgia who has recently been hired into a group practice. The group practice includes:
Psychologist #1 (Practice Owner)
Psychologist #2 (Practice Owner)
Fiancé (Licensed Psychologist)
Two Front Office Staff
Two Psychometric Assistants
He has found out that his psychological reports are being taken by the other two psychologists so that they can "review" them, without his or the patients' permission. These reports have not been redacted. He has not asked for these psychologists to "review" his work nor was he given the chance to redact the information (as he was not informed that they would be reviewing his work). This has happened on at least 5 separate occasions without anyone's consent (his or the patients). In so far as proper file storage and protection, he had been told that once a patient file is complete, he is to put it in a basket in the front office where it gets scanned and then the documents shredded afterwards. It is from this basket that the practice owners are taking these reports. Aside from that, he keeps his patient files secure in a locked cabinet (of which they also have a key).
The practice owners seem to view him as a "supervisee" despite the fact that they have not entered into any supervisory arrangement that would allow for any sort of discussion of patient care / treatment. As I mentioned, he is licensed by Georgia to practice psychology independently. Even so, as far as I am aware, HIPAA only allows for the bare minimum of disclosure for the purposes of seeking outside counsel / assistance with patient care. Again, that is not occurring in this situation.
The way the patients are divided in this office is that a patient is referred to the practice in general and then whomever has availability that aligns with the patient's availability will be able to see that patient. They do not share patients once the intake process has started.
He has brought his concerns up with them and they admitted that since "we own the practice, so you don't need to redact the information". He has them saying this recorded on tape (Georgia is a one-party consent state).
There are also other ethical violations that he will be bringing up with the State Board and the APA.
As far as we are aware, this constitutes a gross violation of HIPAA. We want to confirm that to be the case before we waste the board's time with an investigation.
We reviewed the consent form, which uses language stating that my fiancé might CHOOSE to consult. You may note that in this scenario, HE is NOT choosing to consult. THEY are effectively snooping and forcing the consultation. That seems to us to be a rather important distinction. Again, he is individually licensed- there is no supervision being sought from these guys.
I can appreciate a certain level of quality control for the sake of the clinic's name, but these guys seem to just be bullying at this point. It really does come down to stylistic choices, and that's just not ethical. For example, they are now demanding he use their templates for his reports (which are only 3-5 pages long at most, written at a 5th grade level (their words) and primarily biography of the client, with... very strange diagnoses which the data doesn't really present (Dx of ADHD from testing where they ONLY used a WISC, based on a "scatter presentation?" Dx of depression and ODD after a car accident a year ago when the 6yo kid saw his own insides and now becomes distraught when the family drives near the accident site?)). They also demand he write in sections, rather than in an integrated format, which would be against his training, and therefore unethical.
If he doesn't comply with the proposed changes, they have threatened to fire him. They have openly stated that, despite being fully licensed & panelled, they do not consider his license equal to theirs. It's been terribly demoralizing for my fiancé.
| Review by the practice owners as you describe it likely falls squarely under "health care operations," for which disclosures do not require notice or authorization. Health care operations includes quality assessment and improvement activities as well as evaluating provider performance.
Your fiance seems to be misguided about the level of oversight the practice owners can (and typically do) provide.Answer #2: Not a HIPAA violation. The practice group can share and review the charts of its own patients. You can imagine how impractical it'd be if a hospital wasn't able to share charts among its staff just because one doctor didn't want to share. |
Workers Comp Case Catastrophe
| All events take place in California.
I was injured over a year ago at work and I believe I suffered a concussion. The workers comp doctor just checked my neck and gave me medication. After a month of workers comp, he closed my case and told me that I should be fine since I’m young. I told him I still can’t handle the work (drought conservation crew), but he insisted on closing my case. My employer told me they’re dropping me from the program (government funded) and it was too bad that I couldn’t handle the work. I struggled for quite a while now with the pain and have tried getting the case back up, but they run me in circles calling a bunch of people who never answer. It happened sometime in May or June I believe.
What can I do to be compensated at this point? I had a lower back injury this past summer, but I can tell the pain is from the old injury too.
| Get an attorney. An attorney will get 15% of any award, but it’s well worth it. Find one near you that specializes in WC. It shouldn’t cost you anything out of pocket. |
Business undercharged me by $100 (on $125 bill), wants to collect a week later. Do I have any legal obligations?
| I was recently charged $25 by a local business for a service when the written cost on the invoice was $125. I didn't notice until I got home, and frankly, they were quite rude and unpleasant so I was just going to let it sit and do nothing about it. They only had my name, cell number, and credit card number; no other identifying info.
A week later they left me a voicemail and text message saying they realized they mischarged and to go back to get it fix. My question: am I under any legal (not moral) obligation to get this fixed? What is the worst that could happen if I just ignore it? They have no way of knowing that I even gave them a real phone number.
Thanks for any advice
| You have an obligation to pay the amount agreed to. A mistake in accounts receivable doesn't void or modify the agreement. If you don't pay, assume it will go through the normal collections process, damage your credit for no good reason, and potentially land you in court over $100 + interest + fees, turning a small bill into a large one. |
Ex-wife
| If my fiance's ex-wife changes her mailing address to our new house, would she have gained any legal power over us? Like installing camera legally or whatever? She is an attorney and treats him like dirt whenever she likes. She is also moving soon to a home within a block of us. She love to fight with him and it's very uncomfortable for both of us. It appears she has had her mail forwarded her and I can't think of why she would do that. Baffled.
| I would contact the post office and tell them that someone is forwarding their mail to your house and you do not know why.
But no, using your address does not make her a resident. |
Spain/UK: Is it legal for me [17F] to "dirty talk" by text with a consenting friend?
| Is it against the law for me [17F] to speak in a sexually explicit way (no images invovled) to a friend [33M] if we both consent? I am aware that exchanging images/videos would be illegal but cannot find any information on just roleplaying/dirty talk.
This would take place solely online, me being in Spain and he in the UK. We have no intentions of meeting up in real life.
I would really appreciate any information about this as I have not been successful with finding any online so far. Thank you.
| Whilst its' legal its' not great that your 33 year old friend is willing to do this with a 17 year old. 'Technically legal' doesn't really make this okay. I'm pretty sure he's fielding the question through you and not posting it himself because he knows he'd get backlash for what he's doing. |
Dog escaped from dog kennel, got injured, and has led to $6,000 in veterinary fees
| A few weeks ago (first weekend of December) my wife and I dropped our dog off at a kennel for the weekend. We we're taking a trip away for our anniversary and had no one to watch our dog. We are new to the area but did use the kennel once before over Thanksgiving with no issues.
On the day we were to pick her up, the kennel called us and informed us that someone had hit their fence with their car which led to a hole being made which my dog escaped from. They said that she ran across the highway near by and they lost sight of her. My wife and I took half a day of work immediately to search for our dog. We didn't find her until 30 hours later.
When we finally found her, she was limping and had obviously been injured. After taking her to the vet, we were informed that she had a severely broken leg which required a specialist to perform the surgery. We went forward with the surgery and she is healing now.
While getting our dog the care she needed, we attempted to work with the kennel to determine whether they would cover any of our expenses. They refused, stating that it wasn't their fault that our dog was injured because someone hit their fence. The hole in their fence was one plank wide and about 18" from the ground to the top of the hole. We weren't sure whether the hole was there before we dropped her off earlier in the weekend. We also aren't sure if a police report was filed for the car hitting the fence.
They filed an insurance claim after two weeks to determine whether their insurance would cover the damages. The insurance provider determined that there was damage to the fence inflicted by a 3rd party so that means the kennel's negligence was not the reason for our dog's injury; they would not be responsible for the vet fees. We found this out a couple days ago and are lost as to how we should go about this.
I have reached out to the kennel and received no response. It just doesn't feel right that we should have to pay for all of the fees when we were in no way responsible for our dog's injuries.
Do we have any legal ground to sue for damages? Any advice is greatly appreciated.
| You can sue them. Then the insurance is going to have to explain in court why a kennel isn't liable if they let dogs out in an area with a damaged fence.Answer #2: If the kennel can't produce a police report, then sue the kennel.Answer #3: See if a police report was filed. Go after the driver’s automobile insurance. Answer #4: Find out if there is a police report, if not why did they not make one.
If a car hit their fence then they should have the driver's contact info, and you may be able to hit up their insurance. |
I work at a kennel and a dog bit me. Boss is telling me not to go to ER [New Jersey]
| I work in a kennel and a dog bit my hand earlier today. I told my boss about it and after we cleaned it up, he told me it didn't look that bad. He made a few phone calls and then told me not to go to the emergency room several times. I called him a few minutes ago to tell him I'm not coming in tomorrow since it's getting worse and he emphasized that I should not go to the ER and that I could use his doctor if I want to see someone.
This whole situation seems a little fishy to me. On one hand (Pun totally intended), my hand is very important to me and I would be unhappy if something bad happened to it because I didn't get it treated properly. On the other hand, I might be overreacting as I've never been bitten by an animal before and I don't want to unnecessarily screw my boss over, even if he might not have my best interest in mind.
Could someone maybe clarify what my boss is so worried about? Keep in mind that I wouldn't want to go to the ER even if he didn't mention it because I'm broke and live in the land of the free. I'm just worried that his reaction might be a result of a bigger mess he's not telling me about that might come back to hurt me in the future.
Update:
I went to the ER. They gave me a tetanus shot and a prescription for some antibiotics. They said that most bites get infected, but that I'll probably be back to normal in a few days.
I probably would not have gone if it weren't for you guys. It was definitely worth it for the peace of mind.
Now I just have to give my boss a form to fill out to pay for my bill. That's definitely going to be fun and not get me yelled at/fired lol.
| He doesn't want you filing a workers compensation claim. Not too mention, the incident could likely affect his insurance. There might be reporting requirements for an attack that he wants to avoid. Lastly, in some cases it is necessary to destroy the animal for testing. If it belongs to a client, he would want to avoid this at all costs. He is screwing you, in order to cover his ass.
A bite from a dog, especially one that you are not completely familiar with and confident in its medical history, is a big deal. You may require a painful round of anti-rabies drugs.
As for being broke, as this was a workplace accident, your employer should be picking up the tab.Answer #2: Head to the ER. If a bite on the hand gets infected, you could lose function in your hand. Answer #3: Please update that you went to the ER. The bite will get infected. Cat bit my finger once, got infected and I had blood poisoning less than 12 hours later, red lines going up my finger and all. |
[WA] Was shipping an envelope out of a USPS. I was short $1.65. The clerk processed it anyway but told me to pay the remaining money back to her personally tomorrow. I'm kind of scared about this
| [deleted]
| If you can't meet her at the time she's working, put the money in an envelope and tell someone to give it to her when she arrives. Make sure you check later if she did receive the money.Answer #2: She probably paid for it out of pocket. Obviously the right thing to do is pay her back, but I can't imagine you'd go to court over $2. |
.09 DUI - First Ever Offence
| Location: California
Hi, I received my first DUI yesterday. My BAC was .09. The police officer that pulled me over told me that he saw me run a red light. I completely forget a certain street had a no turn on red sign. It was very dark, so I didn't see it like normally. He also told me I was speeding at 100 MPH. He said it took him a while to catch up to me.
He and the officers he was with had me do field tests and never told me if I passed them or not. I'm not sure what they look for. I took the breathalyzer test twice after and after the second test they told me I was under arrest. I was not brought to jail, but to a first time offender program where I slept for the night.
I understand what I did was wrong and going forward I will live life without drinking and driving. What I'm wondering is what should I do now? My court date is two months away. I currently have around $6k saved up. I know of wet and reckless, but I'm not sure if I'll qualify because of the speed they said that I did and running the red light.
Thank you.
| Hire a lawyer. Do you have any paperwork stating specifically what you are charged with?
Driving at 100MPH drunk running at least one red definitely has the potential to be an especially serious DUI charge. You are incredibly lucky here, and I hope you realize that. You could have killed someone and be looking at years of imprisonment. |
Los Angeles. Question about apartment management disposing of my storage unit contents without notification.
| So I just discovered that my apartment building had an issue with fire code compliance and they 'threw out' my $3000 Sleep Number bed that was boxed up in my storage unit, (the place I have is furnished).
They apparently posted a notice on a bulletin board in the mail room, and supposedly in the elevators, that the building storage units contents had to be brought into height compliance. The notice was mailed to unit owners, but not renters of those units. I received NO notice regarding my specific unit being non compliant (I have no idea if it was NOT compliant!). No mail, email, phone call, voice mail, text, nothing.
I had NO idea about this, as I park my car and go straight to my apartment, never go into mailroom because I have a P.O. box.
Building manager basically said, 'oh well'. When I said 'you could have just called me when you saw you were about to throw away my obviously expensive bed' i was told they didn't have time to call people.
This is insane.
Is a notice on a (not my residence) door or bulletin board legally considered as ME being notified? Any suggestions on resources to understand my rights in this situation? Thanks for any feedback!
| Another route is if the owner of your unit is your landlord and he failed to notify you, he may be at least partially responsible.Answer #2: Do you have an agreement with your apartment management company for the storage unit? Do you pay for using a certain amount of storage space per month? |
I don't want to blackmail someone but I think this would qualify if I did it
| Quick background, I live in MA, went to school in MN, and my reunion is coming up. On the reunion committee is a man who sexually assaulted me in college. I didn't press charges, mostly because I was afraid to lose my education, and the respect of others. Of course, hindsight, should've done it, twenty years of PTSD has not been worth it.
Anyway, I have skipped all reunions because he has been there, but now he's showing up on the committee, and I actually want to go to see old friends. It sounds like I would be blackmailing him if I sent him a note telling him to remove himself from the committee and not show up to the reunion, lest I let his wife and daughter know his history.
So is there a way I can tell him to back off, remove himself, and not have it seem like blackmail?
| > So is there a way I can tell him to back off, remove himself, and not have it seem like blackmail?
Yes.
You can tell him what you want him to do without the "or else I will do this." |
Repeatedly not getting paid until I bring it up to my superiors each time it happens?
| If the company I work for doesn't pay me for literal *weeks* after the intended payday (Imagine not getting paid for 2-3 paydays in a row), and they've only ever fixed my missed payments several days *after* I brought it up to them days after the payday goes by (so, about an extra week of waiting), and this specific "instance" has repeatedly happened possibly over 1-2 dozen times over a couple *years*, is that grounds to take legal action that I'm often not being paid on time (and might not ever if I never say anything), or is a company "just forgetting to pay their employees sometimes" a common thing in the business world that I didn't realize?
(Also, I don't know what to Flair this as. I'm new here and it's a long list.)
| By law in Ohio, you need to be getting paid at least twice a month. https://ohio.gov/wps/portal/gov/site/help-center/faqs/labor-law/labor-law
'Forgetting' to pay employees, or constant payroll issues usually indicate that a company is having financial issues and is struggling to meet payroll. It is a red flag, and it is likely in your best interest to find another employer before you end up working for free.
You can file a complaint or make a wage claim, with Ohio's Bureau of Wage and Hour administration (614) 644-2239.Answer #2: You need to check Ohio’s labor laws (should be available on-line) ,but as far as I know it is illegal to withhold pay. |
Who's Responsible for the Broken Tooth? (TX)
| My kid attended a sleepover hosted by a friend at the local zoo. A few minutes before it was over, while they were on the playground, and supervised by at least three adults, a boy fell and broke one of his permanent teeth. No one pushed him, he just lost his balance on one of the climbing toys. By the time I arrived to pick up my own kid, the injured boy's mom had arrived, the boy was icing his mouth, and they were trying to find an emergency dentist (Saturday morning).
My friend took me aside and asked if she should offer to pay to have it fixed. I told her that I wouldn't think she was at fault, however I am curious about the actual legalities. As the host, is it her responsibility to take care of any medical costs?
| Accidents happen. People that have children understand this and aren’t usually looking to point the finger at someone else for their own misfortune I at least hope that anyway! HAAnswer #2: The zoo probably has insurance that covers injuries that happen on the property. |
[MD] Cheating Ex on car note and my name is on her kid's birth certificate
| Hey--
Backstory: Was with girl. Her and my name are on the car note and car title. I was also under the impression that the kid we had when we were together was mine, so my name is on the birth certificate. She has since told me this is not true.
What rights do I have? How can I get her off of the car title that I pay for every month?
| You have about three years to contest paternity, after that its generally too late. |
CA - I want to record myself reading books and post them online. Would I be violating copyright law?
| Hey all, I recently got a new desktop mic and have found a love of reading out loud to people and thought recording myself and posting to YouTube could be a fun vocal exercise for myself while providing anybody who wants, some background noise. I'm not looking to profit from this at all and just want to put myself online. will I be violating any copyright laws or anything by doing so?
| Yes, this would be considered a Public Performance. If the works are copyrighted, you would be opening yourself to a lawsuit. If the work isn't copyrighted, then you're fine.
[Here's a good resource](https://www.goodreads.com/list/tag/public-domain) for finding works in the public domain; which you could read to an audience without issues. |
Neighbor stole my package, opened it, & returned it - all caught on tape
| So I stayed at a friends place out of town overnight, and the next day I came back to find a package delivered the day before that was clearly torn open. All contents were inside. It was a $40 necklace, so clearly not worth stealing, which is probably why it was returned. There are tons of cameras everywhere in my apartment building, so the management went through the tape and found the culprit. Unfortunately, they are unaware of exactly who it is (honestly - I don't think they want to tell me) and are working to figure out his name.
I am wondering what I can do at this point. It was clearly done with the intent to steal my package, but probably once he realized it was a worthless item, he chose to return it hoping I'd think it was a delivery guys fault (except I know the delivery guy... so he told me directly he put it down with no rips). Is there anything I can charge him with? Or will/should the management do something like show the police? Can/should I request that? If he does it once, who's to say he doesn't do it again to someone else, so I'd hope to at least put something on his record.
(In US)
Topic:
Other Civil Matters
| If it was delivered by the post office that's a federal crime.Answer #2: Have you considered calling the police? |
If I marry my fiancé do I risk getting in trouble?
| So I am in the US military (stationed in Washington State) and my fiancé and I would like to secretly(not inform our families) elope on the first, as I am getting deployed a few days later. Anyone familiar with the military will know about all the benefits of being married in the military such as BAH and FSA while I’m deployed. We are planning a large open wedding in July when I get back. We brought up the courthouse wedding idea to get our much needed financial benefits sooner rather than later to our families and my (military family) understood, her parents lashed out saying that if we did we’d have to pay them back for the wedding(I know legally we wouldn’t have to but we don’t want to burn that bridge). So I went to my base legal office and looked into ways they could find out, which is why we want to do it in 2018 since claiming her on my 2017 taxes would pose an obvious risk of either fraud or her parents finding out (she is a full time student so still technically her parents dependent). So the big question here is if we get married is there anything I missed that might give us away to our parents. She is concerned about health insurance since she is on her fathers plan currently and is worried that he will get in trouble if we get married and he doesn’t know and she stays on his plan until she and I “get married” in July. I don’t intend on signing her up for Tricare(military medical insurance) until July. I hope I didn’t miss anything.
Honestly neither one of us particularly want the July wedding. Her mother does and she is their only daughter blah blah blah. But we are too far in now. As they have already spent money on down payments and things for the wedding to say don’t worry about paying for a big wedding.
Topic:
Insurance
| People have separate civil and religious ceremonies pretty regularly. There's nothing illegal about it - as far as the law's concerned, the only meaningful bit of your wedding is the part where you sign the paperwork in front of an officiant and witnesses.
If your fiancé's parents are willing to pay for her wedding on the condition that she does not have a separate legal wedding, that's their right. Neither of you are entitled to have them pay for your wedding, and they can put more or less any condition on their help that they want: if you don't like it, say no. You can't have it both ways: if you lie to them to get them to pay for something, that's fraud, and if you lie to the government to get marital benefits when you're not married, that's _also_ fraud.
In many jurisdictions, someone's family members can request copies of their marriage paperwork from city hall without any special permission. In a few jurisdictions, marriages are still published regularly. There is a real chance your fiancé's parents will know when she gets married. |
Fired after asking for a raise during a promotion. What options do I have? (OR)
| Hello all! This is my first time posting here, so forgive me if I do not do this correctly. I am in Oregon.
So I would like some advice. I have been with a company for 2+ years now as a paid employee and was an intern for 1+ years before that. My direct supervisor went on maternity leave three months ago and I took over her responsibilities and acted in her stead while she was gone. She decided to not come back to work and our boss was livid. She gave one month notice and he told her to not come back in to train anyone.
Now in the meantime he said (in e-mail) that I would take over her position and that we would discuss a pay increase and that my other coworker could move up to full time. We would not be hiring anyone else. We set up a time to talk and that was today. He was still angry about my supervisor but seemed positive moving forward. Everything has been going great the last three months and I have gotten great feedback from others that I work with. He even said another supporting supervisor was "extremely impressed" with out performance.
After that I e-mailed him asking for a pay increase. I stated my new responsibilities and what I asked for was very very close to what my previous supervisor had been making (But about 19k difference to my current pay). He then responded that that would not be possible due to financial constraints. I then asked if there was in room for a salary increase of any kind. He never responded.
Then the other supervisor that was impressed with my performance said that my boss was "livid" he left the office and would not return calls. He told her to talk to HR and put up job postings for me and my coworker immediately and that we were to find new work.
I was shocked and told her that I thought this was reasonable and had no idea that he would be this upset. Later she e-mailed and said that our boss would like to talk on monday.
He is known to be a handful and has lost working relationships in the past for behavior. He has also offered me marijuana while working. What are my options? I had a great relationship with my previous supervisor and have had no bad remarks. I have never been in this kind of situation before. Thank you very much.
Topic:
Labor Law
| Your recourse is to file for unemployment, and afterwards, try to find a boss who's a little more stable.Answer #2: You can file for unemployment and that's about it. And while it may not have made a difference you should have had the discussion about the raise in person and not through email. Email tend to convey, or not to convey emotions that may never have been part of the senders intent. Next time talk about a serious issue like that in person. |
Fractured my face on a Lime scooter.
| Last Friday night I was leaving a bar in Austin, TX to go home. Just outside the bar was a Lime scooter that was unlocked ready to ride. Typically if you want to ride one you must download the app, take a picture of your drivers license, agree to terms and conditions/ liability waiver, etc. However, like I said, the scooter was already unlocked by a previous driver. So I hopped on and cruised into the darkness while my friends wrangled our Uber. The next thing I know I’m in the ER and my face is throbbing. I can’t remember exactly how I fell because the concussion caused severe amnesia. There is a possibility the scooter locked on me mid ride. I didn’t remember anything for the next 2-3 hours immediately following the incident. My friends described me as Dory from finding Nemo as I my brain would sort of reset every couple of minutes and I would ask them why my face was hurting. So 5 Uber rides, 2 private ER facilities, 2 CT scans, 4 points of fracture in my face, 7 stitches, and $2,100 worth of medical bills later, I finally got home to rest. The doctor recommended I see an ENT doctor or plastic surgeon within the next week to see if I will need surgery as one of my fractures left a fleck of cheek bone in my sinus cavity. I do not have health insurance.
So my question to you, redditors, is if I have any sort of case here to sue Lime for monetary compensation.
| You're asking if you can sue the owners of the scooter you stole because you crashed it while drunk?Answer #2: So, let's net this out:
* You were drunk
* You left a bar, and stole a scooter
* You weren't wearing any safety gear
* You crashed the scooter, injuring yourself
* And you want to sue someone
No, you have no case.Answer #3: No, you don't have a case. For one, you weren't even authorized to ride the scooter... |
Would like to sue brothers for cheating me out of my father's estate.
| My father died 20 years ago of a sudden heart attack. One week before he died, we reconciled after ten years of not seeing or speaking to each other. He told me that he wished he could change his estate, but he had made it an irrevocable trust that couldn't be changed, and that my two brothers were in it, but I wasn't. I was working at a high-paying job at the time and told him all I wanted from him was to be back in communication, so of course when he died a week later, I was devastated.
Flash forward a few weeks. Turns out he either hid or destroyed his will, because nobody could find it. And when there's no will, the estate goes intestate, with all the siblings getting an equal share. But that wasn't to be.
Flash forward to me in a lawyer's office conference room. My brothers and I each had attorneys, and the purpose of the meeting was to negotiate 'how much I was going to get' from the 15 million he had set up for his children. (His second wife also got 15 million, and my mother got very little).
My lawyer and I were astonished that my brothers didn't want to divide up the 15 million between the three of us. Because I was grieving losing my father right after getting him back in my life, I ended up settling for 500k.
Flash forward 20 years. I'm now a writer, and my finances are up and down. Now that I'm 59 years old, I'm starting to think about my retirement, something my brothers don't have to worry about.
I realize the statute of limitations is way past, but is there any way I can sue them for cruel and unusual punishment? (Or anything else?) Part of the reason for my brothers’ animosity is because I'm transgender, which was a much bigger deal twenty years ago.
My father died in Chicago, where the trust issues were settled. One brother now lives in Texas, and the other in Kentucky. I now live in Arkansas.
I've worked my ass off all my life and they haven't had to. Is there any way I can sue them?
| Uhhh, you settled for $500k. What makes you think you have any valid claim now? Being transgendered has no relevance here, not sure why you even mentioned it. Answer #2: >I realize the statute of limitations is way past, but is there any way I can sue them for cruel and unusual punishment?
No. Preventing the re-litigating of old matters like this is exactly why we have a statute of limitations. Besides the fact that legal matters have to have a definite end at some point so people can move on with their lives, memories fade, papers get lost, and the reliability of any resolution becomes increasingly questionable.
You chose to settle back then. You can't sue now for something arising out of the same matter. Take what comfort you can from knowing what your father wanted, and move on.Answer #3: I think the main point you are missing is that if the assets were in an irrevocable trust then they are guided by the trust deed and his will is irrelevant anyway. |
Caught in a park after dark - am I charged or anything?
| A friend and I were caught in a park after dark. The officer took both our licenses, spent quite a while in his car with them, and then told us to leave without saying anything about a ticket or anything or any charges. Does that mean he let us off with a warning, or should we expect to get something in the mail?
| Depending on your location, the police will probably have years to decide whether or not to charge/ticket you.
Realistically, they probably just took your name, checked your background and made a note in case it happened again. If I were you, I wouldn't worry too much, but do stay away from that park after dark from now on. |
(Pennsylvania) Potential child custody situation.
| Hi. My live-in girlfriend of 4 years has been recently threatening to leave and take our 2 month old daughter with her. The gf has been acting increasingly hostile and irrational ever since the baby was born. She has no job, I am the sole source of income. She is not on the lease for our townhouse. She really has nowhere to go but swears that she'd make sure I wouldn't get custody. I work a stable oilfield schedule, working two weeks on/off. She says there is no way I'd be awarded split custody, regardless of my schedule. I'm a good father, she has no reason or basis for keeping me from her. If either of us would be considered a threat to the child, it'd be her. But I don't know how the courts would see it. Any advice? What are my chances of getting joint custody? Thanks in advance.
| Has she been evaluated for post-partum depression?
There is a very very good chance you would be awarded joint legal custody; what the physical custody would look like, given your job schedule and the baby's age, is hard to say, but certainly you have a good case for at least some visitation. |
Will the FBI kick in my door (MA)?
| The other day I was looking at some of the leaked celebrity nudes and I was brought to a website which seemed to have pictures of every major female celebrity. However, I didn't recognize one of the people and as it turned out, they were relatively young (19). I have high anxiety and OCD so I began searching her age at the time of the picture (19 when it was leaked) and searched pornhub to see if it was there because I know they strictly monitor the site (it was). I am also a little nervous that the site was illegal. It boasted 12,000 pictures and the banner was all adults, but I am nervous that this site was illegal and monitored by the FBI. I think I made this worse by searching if the site was legal or linked by major search engines. The domain name had the word "banned" in it but I am not sure if this is just to make it seem scandalous and to refer to the leaked nature of the pics. Basically I am just really paranoid that the FBI will kick in my door. Did I do anything illegal?
| I think you may want to check your CO2 monitor.
But actually, no. The FBI is not kicking down doors of people watching porn. And the site is not actually banned. |
[CA] Sex offender in [OH] neighborhood.
| [deleted]
| > Is this guy required to register in Ohio? Is he likely to be in violation of terms of parole/probation, or is that a case-by-case matter?
Depends on his crime and sentence. Why do you think he is in violation, nothing you posted indicates that he did anything wrong yet? Where do you suppose sex offenders are supposed to live?
> What legal obligations do I have to report this guy's background?
None. Why would there be a legal obligation to tattle on your neighbors, especially ones who haven't given any evidence of wrongdoing yet?
> Are there any restrictions built into this offense relating to this guy's access to kids' organizations, schools or churches, or is that a case-by-case matter?
That's between him and his parole officer. Keep out of it. |
What happens to you in the witness protection program?
| I'm curious, what happens to you when you're in the witness protection program? Are you still allowed to use your phone and log into social media? Are you allowed to be seen online, like on Instagram or Facebook? Are you still allowed to talk to immediate family, or do they have to go into witness protection with you? Also, will they kick you out of the program if you text close friends while in witness protection?
| People in witness protection are there voluntarily, and are not restricted from resuming their lives. They're not under arrest, their rights have not been restricted by the courts, and they're not under any kind of guardianship.
However, if you don't cooperate with the requirements of the program, then the program cannot protect you. The point is to make you hard to find, and making contact with old friends, posting to social media, and otherwise standing up and saying "here I am" runs counter to that. If you persist, you can be kicked out of the program, as you're clearly not interested in being protected. |
No payment for crops.
| Okay so my grandparents are farmers and they dropped their crops off at an elevator and they were supposed to get a check Thursday for them, they didn't get a check so they called and the elevator said they went into bankruptcy and they won't be getting a check and they cannot get their crops back. Is there anything they can do to either get their crops back or get their money? We are in Michigan if that helps.
| They can file a lawsuit and/or get in line with everybody else who is owed money. They may get some portion of what they are owed but it will take a long time. |
CA Landlord doing illegal construction in the unit underneath me on and off me for 4 years offering to pay me off to shut up and leave
| Hello law wizards -
I've been in a kind of shady rental agreement with a landlord here in Los Angeles for 4 years, with no lease, and a verbal month to month agreement. The tenant before me refused to pay rent for several months before he was successfully evicted, and I don't know the rest of that story.
He's been doing very loud construction underneath me in 5 or so different stretches throughout the time I've lived there, which is needless to say, pretty obstructive to my freelance work at home as a post production sound designer, besides being distracting and stressful in general. I can remember now 3 separate girlfriends I've had in 4 years all explicitly complaining about it, so it has been going on for a long time. The latest development is him creating a unit for his daughter underneath me, not mentioning that he'd be doing construction or that i'd have a new neighbor directly underneath me, but simply starting construction and hoping I wouldn't care.
I've also been struggling with a mysterious chronic low level feeling of illness, and monthly bouts of full on viral type infections, which is an enormous problem. I started to suspect mold, so I mentioned to him that I wanted to pay for an inspection. When I mentioned that, he panicked, and started offering to pay me off to leave, and engaging in all kinds of bizarre personal tirades about his wife and how she victimized him (and refused to have sex with him? what do I care???), and acting sort of like a terrified cornered animal. He admitted eventually that the construction he's doing is against city code, and if I had a mold inspector come by, they would screw him over.
I am absolutely livid about the intrusive construction he's doing which interferes with my work over the years, and breaks at least a few civil codes (1927 and 3479 I believe), not to mention his practically daily accosting of me as I come home. I'm going to take him up on his offer to pay me off, and I'm here to ask about a ballpark figure of actual dollars.
I pay $1081 per month. What is a reasonable amount to settle this with him rather than take him to small claims court? I haven't found any viable way to move out yet, so that aspect of it is still uncertain, but regardless, I definitely demand he make this right with money.
Thank you!
| Are you asking how much he should pay so he can continue to break the law? We don't do that here. |
Took my car to Mavis discount tire, they ripped my tires and refuse to compensate me without spending money with them.
| I took my car to Mavis Discount Tire in New York. Long story short my old tires I wanted to keep for the spring where torn in the process of placing my winter tires on. I spoke with both the store manager and District manager and neither refuse to remburse me anything without spending money at their store.
Iegaly am I obligated to purchase new tires from them? I refuse to spend anymore money at any Mavis location.
| Were the damaged tires past their useful life? if so they really didn't damage anything of value. |
Do I have to drop this bomb to protect myself?
| This week, I'm receiving an unexpected but substantial work bonus. I'm also in the process of extricating myself from a toxic marriage, which I don't think my spouse is aware of, since I'd like to keep my profile low until I'm ready to take the plunge. (My therapist is working with me on this.) I haven't told him about the inheritance.
It's not that I'm worried I'll eventually have to split this money with him--I know I probably will--but I'm terrified that he'll want to spend it all on a business that we've been talking about for a long time. (He wants badly to get it off the ground, but I'm backing off for obvious reasons.)
We keep separate accounts, so I could easily put the money away and keep quiet, EXCEPT that my brother is also getting this bonus. These two are good friends--brothers, practically--and they talk about everything. It's only a matter of time before my husband finds out. As I see it, I have three options:
1. Try to get ahead of this by telling my brother about the state of my marriage and asking him to keep this information on the DL. This might not work because my brother is closer with my husband than he is with me and I know he can't be trusted with this info. (It's complicated and working out this dynamic just isn't relevant or possible right now.)
2. Get out in the open about how I'm planning to leave--well before I'm ready--so that I don't have to spend this money on the business and we can just work out whatever split the law mandates.
3. Just go along with whatever so that I don't have to drop this bomb yet.
Like I said, the marriage isn't great, and just telling him that I don't want to start the business anymore won't get me far and will probably make things worse.
What am I going to do?
**\*\*TL;DR\*\***: I'm on the DL trying to leave my marriage, but an unexpected bonus is forcing me to either blow my cover or watch helplessly while my husband spends it on a future I don't think we have. Need advice on protecting this windfall without blowing up my life.
| If he can't access your account, he can't spend the money.
The rest of this is more an r/relationships problem than a legal one. You know the legal answer already. |
[PA] Roommate lost 1500 dollars, I’m wondering what we should do.
| My roommate lost 1500 dollars today, and I believe I know who took the money. He is a drug dealer for the school, and knew where the money was. He is not coming back to school next year, and he is home for a weekend as I am writing this. Most likely, he took the money before he left, and is now spending it on drugs at home. Is there anything we can do?
(We go to a boarding school.)
| You can report it to the school or the police. All they can do is question the person and see what happens. |
Live-in Nanny Needs Legal and Moral Advice/Opinions
| I'm going to give as quick a summary as I can.
I'm 23 years old, live in Northern Alabama, and have been a live-in nanny for one woman and her son for the past year and 8 months. I am still in this position.
Quick low-down on the events I've experienced here:
-She got back with her drug-addicted ex-husband (biological father of her child) and sent him to rehab for a couple of months before he moved in with us. He wasn't too bad until he started using again, and then he went nuts and after she kicked him out, he broke back in. She held him at gunpoint and I had to try to talk him down.
-She dated a guy, let's call him George, who is the son of a man who owns multiple strip clubs in my region. George moved us into his home (half the size of our original one and smelling of weed to boot) while he was alright for the first few months, things turned sour very quickly. Lots of arguing, shouting, etc and so forth. He kicked us out of the house twice, the first time he walked in and simply told me to "pack bags for me and the little boy", whom he was telling everyone he had paternal feelings for.
The second time, all three of us (the mother included) went to a hotel where we stayed for a day, after he cut the water off on us (it was a simple fix though) and he took the internet router, etc. Threw a real shitfit. I got dumped by my boyfriend of seven years because he couldn't stand her or her decisions or attitude.
-She moves us into a really nice house, gets away from George and everything settles down for a month or two. She briefly dated a really nice guy but dumped him quickly for some sort of weird feeling she had.
-Got back with George who raped her after being provoked by her (admittedly handsome) cousin and her's affection and his drunkenness. The cousin was a retired marine suffering from PTSD but still put George down and kicked him out of the house and kept him "at bay", if you will, until police arrived. We filled out our witness statements and everything.
-She drops the charges (she had a restraining order against him and everything) because he wasn't going to go to jail for it, she thinks, because of his father's connections.
-Two weeks later, she's moving George into our house because she's pregnant and wants the father of her child to be a part of the child's life. She's asking me not to be enraged that he's living with us and not to treat his very presence as an affront to all that is good and moral.
-He refers to the little boy as "his" and has him calling George "Daddy".
-I'm sick to my stomach every time I see him coming out of her bedroom. Know for a fact that she was raped because I had to rush across the house when she screamed for help and hold her while she cried and muttered incoherently and her cousin beat the shit out of George.
Now she doesn't want me to leave as her nanny.
I would leave, but there's a problem.
When George kicked us out of the house and my now ex-boyfriend dumped me, she agreed to sign the car over to me under the terms that I serve another year and a half as her nanny/housekeeper. I was glad to agree because I thought she was done with George and that we could move onto a more peaceful life. This was a part of the agreement. She signed the car over to me much earlier than we agreed upon but she expects me to stay for the rest of the "term" I agreed to, though every other aspect of our verbal contract has been breached. I desperately want to leave, not only because of the situation, but also because I have some sick relatives. Obviously though, I can't go anywhere without a car, and there's the moral factor to take into consideration.
So...Legal advice, what do I do? Do I break the verbal contract's last leg and take off or do I stay and serve out the remainder of the term, even through everything?
What she's done for me, is she's helped me pay off fines I had (by paying me regularly and on time), helped me get a new driver's license, and given me the car. She's been emotionally supportive when I'm too stressed to handle things, as I've done for her. I have a girlfriend who lives in Connecticut, that would be willing to move me in, if my sick family no longer wants me. I've been estranged from them for years, but now they want my help because of my live-in caretaker experience. Opinions? Advice?
| > I'm 23 years old, live in Northern Alabama, and have been a live-in nanny for one woman and her son for the past year and 8 months.
> I [want to] leave, but there's a problem
> she agreed to sign the car over to me under the terms that I serve another year and a half as her nanny/housekeeper.
> She signed the car over to me much earlier than we agreed upon but she expects me to stay for the rest of the "term" I agreed to, though every other aspect of our verbal contract has been breached.
Thats the only relevant part of your tale. You agreed to get a car for working a term. You got the car and now you want to leave before term is ended. If you leave early she can sue you for the car. You can take the car cause it is in your name, but she could sue you for the value.
Nothing else matters. You know your options. Good luck to you.
Answer #2: You're not asking for legal advice, you're asking for relationship or life advice. There's /r/relationships if you're interested.
Me, I would give two weeks' notice to be nice, and then take the bus out of town at the end of two weeks or at the first instance of feeling threatened.
|
My girlfriend was sexually assaulted
| I don't know if I'm in the right sub but my girlfriend was sexually assaulted and doesn't want to go through the legal system because it's a joke and a humiliating process. The guy who assaulted her has done this to other women, he records people without consent, forces himself in situations where he's not invited, pretty much a rapist. What I want to do is get the word out about him because he will continue to do this to other women, in my mind this would be a public service. I can't legally do what I'd actually like to. I'm asking you, reddit, what would be the best LEGAL course of action? Again, a one on one court battle is out of the question.
Here's the story,
My girlfriend (not at the time) was with another guy who she was having (consensual) sex with. This one time the guy suggests they go out for dinner, he surprised her while on the date saying that his friend was going to join them. She thought "weird but okay" so they go back to the rapists house where they were feeding her shots. The guy she was dating at the time started to get physical and the rapist left. He walked back in while they were having sex and she said "no" and asked him to leave, which he did. Then he comes back in (she's in shock at this point) and whipped out his d*ck, he's a large guy and she was terrified so she did what she felt like she had to do so she wouldn't be physically hurt.
I am certain this was planned without her knowledge. The guy she was dating is actually being helpful and saying he would be a witness if need be, although it was planned ahead of time I feel confident saying that all you could accuse him of was being a coward and not saying "no" to his friend's idea.
Again, she won't do anything through a court but people need to know about this guy. He's a disgusting pos and will and has done this before. The guy she was dating confirmed this to us. What's the best way to get his name out without legal recourse towards the real victim in this situation? Even if you could suggest a better sub this would be greatly appreciated, thank you.
Edit: we are living in Ontario, Canada. I don't want to get anymore specific than that
| > What's the best way to get his name out without legal recourse towards the real victim in this situation?
None. Unless you expect this guy to take being called a rapist publicly lying down, there is no route to get information out without going through proper legal channels. She is free to speak her truth, but he would have recourse that would eventually require her to go through a legal arena. Answer #2: Legal advice: she needs to call the police.
Practical advice: she should contact a helpline for victims of sexual assault, who will be able to give her the support that is needed during this difficult time. |
Local Tattoo shop fucks me over twice with a bad tattoo and stealing my deposit.
| Context
I got a really bad tattoo cover-up from one of the artists at this shop. Which is both unfortunate and confusing because she's done 2 other tattoos for me and did an amazing job. I'm glad I stopped her from finishing the shit show while I had the chance.
Now begins the task of finding someone to cover it up. This was going to be more difficult than I imagined. The artists I've contacted either want nothing to do with it, ignore me, or tell me they may be able to cover it up using a dragon or a snake. I've learned that my options are limited, and finding someone to collaborate a working design with is becoming less and less hopeful. I had one artist suggest tentacles, and when I asked if he had any other ideas he was offended and began preaching about "how I'm the type of guy that needs everything in writing" and emailed me later saying that "He'd have to pass on the project". The tattoo is so dark that another very reputable shop I contacted to cover it up said they could help me if I do tattoo laser removal to lighten it up as much as possible. Sounds like fun. No. $300 dollars and two excruciatingly painful sessions later, I saw zero results. Even the bits of the faded original tattoo you could see underneath showed no improvements. The nice lady that owns and operates the tattoo removal studio told me it could take up to 12 sessions to remove. I'm not willing to dump another $900+ and subject myself to more painful treatments on a gamble.
So I decide to try my luck again with a cover up and just black it out with a design. I've been told something organic like feathers works well for cover ups so I found some splatter like crow designs online and figured it would be dark enough to cover everything up. The same tattoo shop I got the bad cover up at has an artist named Thor there that does some really beautiful work. He's done two other smaller projects for me and he's a really nice guy, or so I thought. Now I know what you're thinking. "Why the fuck would you go back to the same shop after the first bad tattoo? Don't you know how to learn lessons, stupid"?
Well hypothetical asshole, one of the artists there is actually a good friend of my girlfriends, and he suggested I talk to this Thor guy about covering it up for me. I call him, and he asks me to come in so he can take a look at it. I go in. His facial expression is concerning but he seems optimistic. He asks for a $60 deposit and we schedule a time for me to come in at 5 the following Monday. Thor requests some pictures for reference so he can draw a design around the dumpster fire tattoo, and that he'll send me what he comes up with so we can collaborate a design that will work and that I'll like. Sounds fucking great right? No. I finished work early that Monday and sent him a text telling him I could come early if he wasn't busy. He responds "Nah bro", and "Actually if you wouldn't mind showing up about an hour later so at 6pm or so I just got a flat so I'm running late". Sounds reasonable. Shit happens. Eventually, he tells me "Actually I don't think that's gonna work I still have to do my first appointment before I can get yours". So we reschedule for the following Friday at 12 when they open.
Friday couldn't come soon enough. I was really excited to get this butt butter of a tattoo covered up. Again. I had work but I busted my ass to get it done, commuted over an hour from the last customers location, bought water (over 105 degrees outside and I was on a motorcycle), paid for 2 hours of parking, and was on his shops doorstep by 11:55. Waiting on the bench, I watched the clock pass 12. I knock. No answer. So I send a text. To my extreme disappointment, but honestly not surprised because this fucking tattoo has cursed me, he responds "I'm sorry bro I'm not going to be able to make it till 5 today". Are you serious? I'm here and already paid for 2 hours of parking and have taken off work resulting in a loss of wages (Piece work pay). At this point I've lost trust and all faith in this tattoo shop. So I texted him back "I'll come pick up my deposit later." He responds "Can't do that bro", and my blood starts to boil. I say "Whys that", and he says "Deposits are non refundable". He never said anything about this and I didn't sign anything acknowledging it either. So I tell him "I can take you to small claims court if you like", and he responds "Or you can be a man and just get your tattoo". I can be a man really? Wouldn't a "man" be someone who shows up to his obligations? Wouldn't a "man" tell a paying customer before his appointment starts he's not going to make it? Wouldn't a "man" give someone their money back if they weren't happy with their services especially if he hasn't done any work for it? So, trying really hard to keep my composure, I respond "I'm sitting outside your building right now. You steal clients money and then insult them. Not smart. I'll see you in court". After that I get a steady stream of messages. He tells me "sometimes shit happens", and "if you can't be a little patient and accept the situation for what it is then Unfortunately I'm sorry what else can I say". He goes on to say "You don't get your deposit back because that deposit goes towards research and development as well as the stencil has already been madeyou". Fair enough. Except he never made the stencil. I texted him about it several times and he never answered. So I called and got him on the phone. He sounds annoyed. He tells me "I'm still working on it, it will be finished when you come in". Bullshit. He was going to draw it on the spot like every other tattoo I've ever gotten. Not to mention I was the one that did the "research and development" for him when I texted him 8 examples of what I was hoping to get done over a week prior. He continues, "I didn't become one of the most respected tattoo artists in Tucson by stealing my clients money that's not the business I'm in", and "you've already had problems with other artists at my shop your patronage has been more of a hassle than anything so if you want to start throwing threats about small claims court I have to ask you to please not ever step foot in our shop again and I'll see you in court". So now I guess the bad cover up I got from one of their other artists was my fault. Sorry to hassle you by coming back to the same shop that fucked up my arm and give you a paid opportunity to do the right thing. What I came to realize after this whole fiasco was the fact that he never intended to do the tattoo in the first place. I know this because the guy that's friends with my girlfriend that works at the shop told us "He does that all the time. He's done it to my friends and it pisses me off". I can't blame him for referring me to Thor. Thor does great work, and like I said, he seemed like a nice guy.
Shower Thoughts
On a more personal note, this entire tattoo mess has been exhausting. I've been trying to find a solution for covering it up since the day I first got the damn thing almost a year ago. It's embarrassing to show and people constantly ask me the five WTF W's about it. This whole situation gives me anxiety, and all I want is to get it covered up. I just want a professional that takes pride in his craft and treats his clients with respect. For that I would gladly pay whatever the cost. It's been difficult to find someone with these qualities in my area. In my experiences they're disrespectful, narcissistic, and rudely opinionated. They act like they're doing you a favor for giving them your business. It doesn't help that most of these artists talk shit about one another and their clients as soon as they leave the building. The girl that did the 2 out of 3 good tattoos for me left the shop she was at before because she got tired of all the shit talking. It seems they all know each other, and it feels an awful lot like I'm walking through the fucking halls of my middle school again. I don't care about your drama, I'm just here for a tattoo.
Legal Questions
Sorry this turned into a bit of a rant. Long story short is this worth taking to court? An attorney I contacted instructed me to file a complaint with the Attorney Generals Consumer Complaints Division. Small claims clerk told me that I need to find the tattoo parlors statutory agent to serve the papers too. The problem is he isn't an owner there, and I don't have his personal contact information. I think tattoo artists are like barbers where they pay rent for the chair they use. You can pay for this information. You have to pay a fee to process the claim. You have to pay someone to serve the papers to him. And then there's even more wages lost going to court. It doesn't seem worth it but from what I've learned of this guy he does it to people all the time and it's not right. There's more to running a business than the quality of your craft. I just want my deposit back. What should I do?
| Sue him in small claims or don't. If you want further advice cut out literally the entirety of this wall of text save for the "he didn't make his appointment 2x and won't refund me." |
I really need advice. I think my lawyer is acting unethically and now I feel trapped.
| [removed]
Topic:
Removed
| I think what you have is a lawyer who is tired of having a client who is constantly second guessing him. By all means find another lawyer if you have lost confidence in this one, but just because you think you know the law better than your lawyer doesn't mean you do.
1) he's fed up with your foolish ramblings
2) I don't actually understand what you are saying there
3) you do understand that a lawyer dealing with criminals probably has a lot of clients who have the same prosecutor? It was absolutely appropriate for him to ask you for privacy. Everything isn't all about you.
4) Oh my god! They went out the same door and then came back together through a new door! Shock! Horror!
5) Again no idea what you are talking about here
6) Oh really. That's not at all uncommon. |
Can the WeChat ban by the US possibly violate the constitution?
| To start, I am not an American and I have never been to America, but I am a Chinese-Canadian and WeChat user. I believe that the banning of WeChat could possibly violate the 1^st amendment right to freedom of speech and 5^th amendment right to property.
The 1^st amendment right is self-evident: you remove the app from the app store, depriving a person's right to download it onto a device they own--for iOS, at least. For Android, an easy way to sideload the app is by download it from WeChat's official website.
The 5^th amendment argument of "nor be deprived of life, liberty, or property, without the due process of law" is more complicated. Not only is WeChat an app that allows you to attach debit or credit cards, but it is itself capable of holding (and allowing you to use) money (in Chinese Yuan). One can argue that by removing a person's ability to download WeChat, you deprive them of their right to owning the money in their account--or using it.
Another, much bigger concern is overseas Chinese residing in the United States over the age of 50. Persons in this age group are eligible for a Pension depending to their work history and where they worked--similar to Social Security Retirement benefits for Americans. In China, a person is legally required to make annual recertifications proving that they are still alive, and practically the only way to do that is to make use of apps within WeChat such as 粤省事 (Guangdong Province affairs). These apps use full legal name, national ID number and facial recognition to identify a Pensioner and send data directly to the Chinese Government proving that this person is still alive and therefore continue to be eligible for their monthly direct deposits of pension (sometimes these monies can add up to thousands of dollars per month every month until the Pensioner dies). Failure to recertify results in their Pension payments being suspended, and if someone is not able to do so online, they would probably need to either go to a Chinese consulate--which requires extremely cumbersome documentation if that Pensioner is still a Chinese citizen or outright impossible if they are already a US citizen and lost Chinese citizenship; or go to China (they may not be able to do that, especially with something like COVID-19 travel restrictions). Does this count as an even bigger act of "property deprivation" by the US government against a US resident (either lawful permanent resident or citizen) without due process? I mean, these people themselves have not broken any US laws, but by virtue of their phone breaking down or having to get a new phone, etc... they are deprived of the right to their Pension--which is their rightful property.
| The first amendment does not guarantee the unfettered use of any means of communication that may ever be created. The concept of freedom of speech is much more about the freedom to express any idea than the manner in which that idea is expressed.
The stuff you bring up with regards to the fifth amendment is focused on the wrong part of the phrase. What matters isn't the 'property' part, it's the 'due process of law' part. I frankly don't know enough of the specifics of any of this to break down exactly how that plays out here but suffice it to say a president taking action in accordance with a law passed by Congress at the very least isn't a clear violation of due process. |
[CT] Moving out of a place I rented for 17 years, unsure of what exactly I'm liable for.
| My landlord is a nice old fellow but he was recently diagnosed with dementia. Him and his wife decided that they wanted to sell the house I had been living in and I was fine with it. I've had a very great relationship with them so I left within a couple weeks, just this last Saturday, and I'll be going back to finish cleaning the place out this weekend.
I had never signed a lease nor did I pay a security deposit when I moved in. The house itself was in poor shape when I moved in and they charged me about half the normal rent for the area. I'd fix things as they'd go and inform them of any repairs I made along the way. They didn't raise the rent, I didn't complain about the place falling down around me. I had also turned an unfinished storage space into a full bathroom and painted most of the rooms and cabinets before leaving.
The landlord swung by while I was taking the last of our stuff out and seemed to imply that I needed to have the place professionally cleaned, replace the carpets, and come back to rake and shovel. The garage door had also been broken for a few years and he was insinuating I'd have to cough up for replacing it.
The cleaning is fine, I figure I'm liable for that but the carpets are 10+ years old. Would that fall under normal wear and tear and be his responsibility or mine?
As for raking and shoveling, there's no snow on the ground and I've already moved out so I'm not sure why I'd have to come back to shovel the place. I cleared the yard of branches and sticks but hadn't gotten around to raking by the time they told me they were selling. Am I responsible for shoveling and raking?
The garage door was basically disintegrating from rot and the old springs that helped to lift it rusted out, so you have to manhandle the thing to get it open. It wouldn't close all the way, so he and I had agreed that we'd be better served if we forced it closed and sealed it to prevent the elements from getting in. The door was trashed long before I got there and probably needed replacing a decade ago, am I on the hook for that?
| After 17 years I would say that a professional cleaning makes sense, the carpets, I'm not too sure. Answer #2: This guide from CT's government website seems to state that your only responsibilities are to ensure it is in the same condition you received it.
It also seems as if you have a oral lease which I would imagine would make proving damages against you essentially impossible.
https://www.jud.ct.gov/publications/hm031.pdf |
Brother married a girl from Thailand and didn't tell anyone. Now they want to divorce. What to do?
| My brother met a girl while working as a cook in a Florida resort from Thailand. When they came back to Michigan in April they decided to go to the courthouse and get married. My girlfriend gets a text from the wife that she needs to talk to her. Tells her that they got married in April and didnt tell anyone. They seemed to be actually dating and then she moved to South Carolina to work on another resort while my brother stayed behind. Now she wants to get a divorce and he won't talk to her. That's about all the detail that I have.
My concern is that I don't want anyone getting in trouble for a fake marriage for immigration purposes even though they didn't do it for that.
Any advice on what goes down in this type of situation?
| I don't see any concern. If they don't have anything pending with immigration then there is no issue of whether it's a sham marriage or not.
Answer #2: Nobody is going to get in trouble. It obviously isn't a fake marriage for immigration purposes if she wants to end the marriage. All she needs to do is go to the courthouse and file a "Petition for Dissolution of Marriage" to begin divorce proceedings. |
Florida - Not honoring policy on receipt.
| Hello,
I was baffled by my local Gamestop trying to return a video game. On December 28th, 4:46 PM I bought a used game. Before purchasing the game, I asked about the return policy. The clerk told me that I had seven days to return the game if I didn't like it. The receipt I received, which I still have, states the same. Today I walked into Gamestop at 4:35 and spoke to the assistant manager about returning the game. He told me that I can only get a store credit. I showed him the receipt and explained the policy. He replied that they changed the policy at the beginning of the new year. Accordingly, the policy on my receipt is no longer valid. I tried explaining to the man that the policy on a receipt is an agreement between the buyer and seller. He repeatedly told me that it is "always the manager's discretion to change the policy." He seems to misunderstand what that means. Yes, the manager can change a policy. However, a new policy does not affect purchases prior to the policy change. I told him that I will to speak to the manager tomorrow. He stated that she will say the same thing. Granted, the game is around eleven dollars but the principle is bothering me. I am going to return tomorrow to speak with the manager but I fear she'll also deny my argument. Any suggestions on what to do?
UPDATE: Submitted feedback on site listed on receipt. District manager from Chicago contacted me about the feedback. Realized I was in Florida. Had another DM contact me. DM agreed that I was within policy rules. Told me to return to the store. I got to return the game and I was given a 10 dollar gift card. The assistant manager had to make the return and hand me the gift card. :p. All is right with the world.
Topic:
Contracts
| I agree with your interpretation. If the manager tomorrow is difficult I would go up the corporate chain.
But I have to say this http://www.gamestop.com/gs/help/Returns.aspx makes no mention of a policy change.
>Pre-owned Guarantee
>This pre-owned product has been carefully tested, and is guaranteed to work. If you are not completely satisfied, simply return the product within 7 days for your money back or identical exchange within 30 days of purchase.
I'd be inclined to print this out.
Edit: I hope you have some evidence, though, that you tried to return this within the 7 days. Because tomorrow you will be outside this period. |
I've just received a rental termination notice which I suspect is illegal. What do I do? (Toronto, Canada)
| I'm renting a condo unit under what I believe to be a standard contract. I've taken both pay and hours cuts at work and I've been struggling to keep up with bills. My last three rent payments have been paid in full 1 to 10 days late.
Today I received this email. http://i.imgur.com/wg8q57Qh.jpg
I was under the impression that I could not be penalized for rent payments less than 14 days late, and that after the 14 days the landlord must go through the courts / landlord-tenant board for an eviction.
What do I do? How do I respond to this?
| That's not legal notice of termination, since it's not in one of the forms required by law. If your landlord wants to evict you for non-payment or for persistent late payment, they need to give you one of [these forms](http://www.sjto.gov.on.ca/documents/ltb/Notices%20of%20Termination%20&%20Instructions/N4.pdf).
Conveniently, that form outlines _exactly_ what you need to do.
However, they can give you that form the first day your rent is late, if they want. They don't have to give you 14 days before giving you notice - the date of termination has to be no earlier than 14 days from the date they _do_ give you notice.
Pay your rent. Let your landlord know that you expect to be given notice of termination in the legally-required form next time. Stop paying rent late unless you want to be evicted: persistently-late rent can be cause to terminate, once your lease expires. |
Stabbed and cut by needle in hotel bed. Managment did nothing. What can I do?
| My fiance came down to CT form NH for a a couple nights. Last night while with her in the hotel bed, my hand was cut pretty bad by what I found to be a pin needle looking thing sticking straight up out of the mattress. It was like one of those needles used to keep dress shirts together in the package. There was a decent amount of blood and I took pictures of the bloody bed and my hand with the needle. My fiance was scared to lay back down so she inspected the bed more. She found a small NAIL sticking straight up out of the mattress right by where the needle was. It almost looked like they where placed there intentionally to hurt someone.
It was around midnight and I called down to the front desk and asked when the manager would be in. The font desk clerk apologized when I told him what happened and said for me to come down in the morning. This morning I went to the front desk with the needle and nail in one of those plastic hotel cups. The manager said he was sorry and said "maybe" they would give me a discount the next time I came to stay. Meanwhile, the cut going all the way across the palm of my hand and up my thumb is throbbing and inflamed. This is a major 3 star hotel chain, FYI.
What can I do?
Edit: spelling
| Some Neosporin and a bandaid would probably help.Answer #2: Post a truthful yelp reviewAnswer #3: Did you make an incident report with the hotel? They will have procedures for recording accidents with injuries of any sort. This would have made a record if future problems took place.
The should pay for any medical expenses and should really have comped the room for you when they saw the injury.
I'd write a complaint letter to the national office and the local hotel.
You can also post a comment on review sites. Yelp, Tripadvisor, Hotels.com, etc.
Unless you have some real monetary damages there isn't much more you can do. Answer #4: You can keep nagging and probably get a refund or a free stay for another time.
What exactly do you think you are entitled to here?
If you had medical expenses, you could probably get them covered, but it doesn't sound like you do. Answer #5: You should get a lawyer in the area and then sue the hotel chain for kajillion bajillion dollars. |
Do I have legal standing to hold this company accountable for their representatives words?
| Hello there, I would appreciate information/advice on if I have grounds to pursue legal action against a company that lied to me. They are claiming that they did not understand my question during our correspondences. The basic synopsis is that I ordered some crypto currncy, and they wanted to verify my identity. It may be important to note that I ordered the currency through a wallet, that uses this company to confirm and process the actual order. It is a reasonable request to prevent fraud, and it is for my security, so no problem. After submitting the photo they requested for the verification I emailed the staff of the company that processes the order and began to voice my concerns because the verification time may take up to 48 hours. I know that the value of these currencies change and sometimes rapidly, and I wanted to speed along the verification process if possible. I asked how the verification time would affect my order, knowing that the market is volatile and that the price may change. I was reasonably concerned about my order going through with a change in the price. I was told by their representative in explicit terms that verification time would not affect my order and I was to receive the exact amount I ordered. Later my order was cancelled with the explanation that the price had changed too much and my order was cancelled. Eventually I was in contact with their supervisor, and presented my argument. Her explanation to me is they their support team did not understand my question. I feel my question, and concerns were passed along to their team in a clear way, and that they mislead, and have wronged me. In my correspondence to their supervisor I proposed that they rectify the situation by accepting my order and that they would have to cover the cost difference of the market change. This was refused. Does the reassurance by their representative not constitute a verbal agreement? Can I pursue any legal action here? I will provide you with the email I sent to the supervisor of the support team that presents my argument and includes the emails I previously had with their staff. I have removed the details of my identity.
From me
To
Support team
At 10:13 AM
Dear Supervisors name,
I was very clear in my questions and the response from your team was also clear. You can see it here, I have bolded the important parts for your convenience. After making my order I immediately contacted your team so that you could verify me as quickly as possible so that my order would go through.
On Wed, 9 Aug at 1:48 PM , I wrote:
To whom it may concern,
I just made a purchase order for xxxx Crypto with payment ID: xxxxxxxxxx. With my particular credit card, the numbers are on the back with the 3 digit PIN. It is impossible to take a picture with my face and the middle digits of my card number, as well as my 3 digit pin blocked out. If you require, I can send you another picture of the back of my card, with some paper over it, but I of course would not be in the picture as well. So, for this transaction I just took a picture of me with the front of the card, that has my name on it. Please let me know if this is OK, or if you require further verification.
Thank you,
My name
Hello my name,
Thank you for contacting Support.
For security reasons, your payment is currently being reviewed for manual approval - an analyst will go over it shortly.
This should take no longer than 48 business hours.
We apologize for the inconvenience - this was done to assure your safety. Future transactions should prove much faster.
All the best,
Representative 1’s name
Support Team
On Wed, 9 Aug at 2:08 PM , I wrote:
Hello Representative 1’s name,
Thank you for the quick response! I do have a question about my transaction. **Today seems particularly volatile in the market and I was wondering how this verification time will affect my purchase order.** Any insight would be appreciated.
Thank you,
My name
On Wednesday, August 9, 2017 7:15 AM, Support team wrote:
Hello my name,
Thank you for contacting Support.
**You are to receive the exact amount you have ordered.**
Please let us know if you have any more questions.
All the best,
Representative's name
Support Team
As you can see I asked how the volatility in the market could affect my purchase order. This was my only question, and it was easy to follow. It was established by your representative (representative's name) that regardless of the volatility, I would receive the exact amount I ordered no matter how long the verification may take. This was his response to my only question, and his answer was clear. I would receive the exact amount I ordered. Regardless of the market changes, once I was verified I would receive my purchase order, at the price point for the amount I ordered. This was clearly established and communicated.
As time went on I grew increasingly concerned about my order. This can be seen here, again I have bolded my question for your convenience.
On Thu, 10 Aug at 7:55 PM , I wrote:
Hello again,
I apologize for asking so many questions. I'm sure the manual approval is going along fine and will be confirmed shortly, but I cant help but be concerned about my order. My original question that began this thread of emails is; If the front of my Visa with my name on it along with my face is too blurry, or you really need to see the numbers on the back of my card would you ask me to either send you another photo of me with the front of my card and my drivers license for further verification? or something similar? or would you cancel my order? **I'm concerned about getting the price I paid for.** Again, I apologize for asking so many questions. I'm certain verification is moving along as quickly as it can on your end.
Thank you,
My name
This time I was answered by Representative 2
On Thursday, August 10, 2017 1:14 PM, Support wrote:
Dear my name,
Thank you for your email.
Please, kindly be informed that if the photo does not meet the requirements - we will send you another request.
We do not cancel transaction unless you failed to respond to the verification link sent within its validity of 3 days.
Sincerely,
Representative 2
Support Team
At this point it has now been established that my transaction would not be cancelled unless I failed to respond to the verification link, and it would not be cancelled due to changes in the market. The only thing that I was waiting on was to have my identity verified. I was extremely happy with my service at this point because it was clearly indicated to me by your team that once I was verified my transaction would go through.
On Thu, 10 Aug at 8:22 PM , I wrote:
Hello representative 2,
That is great news to hear, thank you so much! I would just like to say your support service is wonderful and extremely timely. I personally really appreciate it.
Thank you again,
My name
At this point I have received an email asking for a new photo of myself which I proceeded to take and upload. I then decided it would be a good idea to confirm the transaction.
On Fri, 11 Aug at 10:57 AM , I wrote:
To whom it may concern,
I have sent you previous emails regarding this issue, on my particular credit card. I hope my new upload is satisfactory. I had to cut out some paper to block out some of my information on my credit card. I hope that your service can recognize how difficult it is to provide a picture with the information you requested on this particular kind of credit card. Maybe take note that on the (credit card name) ALL information is on the back. The front of the card just has only the cardholders name. It is extraordinarily difficult to take a 'selfie' with this kind of credit card showing only the information you request. Due to the extreme difficulty I would like to ask you to confirm again some questions for me. If it is too difficult to read my picture due to it being blurry, or if when taking it the piece of paper I used to block out the middle digits on my number moved slightly blocking out a digit you required, would you email me another notification? or because you have emailed me once to fix the problem, would you cancel my order? **I am just very concerned about receiving my purchase at the price point I paid.** Lastly, will this take another 48 hours for manual confirmation? Thank you for your help.
Kind regards,
My name
I voiced my concern about my new upload. Because its been established that I only need to be verified for my purchase to complete I asked about the possibility of my order being cancelled. I received another reply from representative 2
On Friday, August 11, 2017 4:02 AM, Support wrote:
Dear my name,
Thank you for contacting Support.
First of all - please, kindly be informed that if the picture does not meet the requirement, you are being sent another verfifcation request, but the transaction keeps being pending, not cancelled.
As for the cards, where the name and last name are not on the same side with the card number - you may try taking 2 selfies holing the card from different sides, then combine them into one picture and upload it via the link.
As for the approval - this may take up to 48 hours, but we are doing our best to proceed with the transactions the soonest possible.
Sincerely,
Representative 2
Support Team
It is clear from this response that nothing has changed in regards to the possibility of having my order cancelled, and that I could rest assured everything was fine. I then proceeded to discuss with representative 2 about what your team will accept for verification for future references for myself. a few hours later I received this much to my detriment. It also clearly shows that what representative 1 had told me, was in fact a lie.
Support
To
me
Aug 11 at 10:22 AM
Dear my name,
Your payment request from wallets name has been cancelled.
The rate has significantly changed since you have started the payment process. Therefore, your payment request has been cancelled.
We advise you to restart the process - chances are the process will be much quicker, thus avoiding the current issue.
payment ID: xxxxxxxx
For more information, visit our FAQ section at Supports website
For any question feel free to contact us at support teams email
Sincerely,
Support team
I have clearly established with your support team that processing time would not affect my order, and then I received this email saying that it in fact had affected the order, due to the rate increase. This was a concern I communicated with your staff multiple times and was reassured would not be a problem. So I tried to reach representative 2,
On Fri, 11 Aug at 5:56 PM , I wrote:
Hello Representative 2
I just received an email saying that my payment was cancelled from your end. This is EXACTLY what I was afraid of. can you rectify this problem for me?
Thank you,
My name
And I was answered by a new staff member,
On Friday, August 11, 2017 10:59 AM, support wrote:
Dear my name,
Once the payment is cancelled, we cannot resubmit it in any way.
You can attempt a new payment if you still would like to make a purchase.
Let us know in case you have further questions.
Best regards,
Representative 3
Support Team
At this point I began the process of trying to reach you,
On Fri, 11 Aug at 9:14 PM , I wrote:
Dear representative 3,
I would really appreciate it if you forwarded my request to your supervisor and would ask them to contact me, thank you. I understand that with the weekend I will not get a reply right away. I would also really appreciate it if you supplied them with all the the emails between this email address and your support team. Also, if possible could you forward it with the following message:
To whom it may concern,
I placed a purchase order August 9th for the amount of xxxxxx. payment xxxxxxxx I have made 4 prior purchases through your service and wallet name, and I thought it was wonderful, and so I was hoping to have another great experience as I invested more into this exciting currency. Understandably, my purchase was greater than my 4 previous purchases through your service and it required further verification for the safety of me, the cardholder and you, against fraud. My particular credit card is constructed differently than a regular credit card. It was rather difficult for me to provide the required verification, as you can see in my emails exchanged with representative 2, and I was uncertain if it would be acceptable for security reasons to doctor the photo of some information prior to sending it to you. After submitting the payment request I immediately contacted your support to explain the difficulty I was having and asked for reassurance that I would receive my order. Throughout this process, knowing the volatility of the market I asked multiple times about the security of my purchase, and that even with the volatility it would go through. I was reassured more than once, it would not be a problem. Upon my second verification photo I provided to your team, my order was cancelled, not due to the invalidity of verification, but with the justification that the market moved too much from my initial order. Again, I was reassured that my order would not be cancelled, that I would receive the full amount, as you can examine in the email chain with Representative 1. It appears as though due to the amount of time it took both your team and me, to verify my identity, that was justification to cancel my order, even though it was explicitly told to me this would not happen. My humble request, even though the market has changed, is that you follow through with the original order, and stay true to your representatives words. It was greatly disappointing to receive a cancellation, and it was also extremely disappointing at how difficult it was to reach you, especially considering I praised your staff for their helpfulness throughout my exchanges. I understand that the market is volatile, in fact once one of my previous orders through your service was cancelled due to the volatility. I understood that at the time and it was not an issue. This time its only an issue because your team reassured me that even through the delay of this verification process I would still receive my order despite the market change.
I'm glad I finally have reached you and I have clearly established evidence of your staff giving me reassurances that:
1. Time would not affect my transaction, despite changes in the market and I would receive the exact amount I have ordered.
2. An unsatisfactory photo would not cause a cancellation of my order
3. Once I was verified my transaction would go through
Earlier today I was in contact with Representative 1 again and I received this,
On Saturday, August 12, 2017 12:26 AM, Support wrote:
Hello my name,
Thank you for contacting Support.
We apologise for any inconvenience that was caused to you. Please note, that we, support team, do not have the access to information on why your payment has been cancelled.
If you are dissatisfied with our service in any way, please let me bring some clarification in what me and representative 2 have said to you.
First of all, I presume there has been a misunderstanding between us. I have told you, that you were to receive the exact amount of crypto currency that you have ordered. I am sorry for this to happen, but I replied to your question: if the verification time will affect your order in any way. In fact it would not have, if your order was approved. The customer is to receive the exact amount of crypto currency the customer has ordered.
Concerning representative 2’s replies, everything told to you was correct. Moreover, your documents were approved, so nothing wrong with them.
I am deeply sorry this has happened, but as I have stated earlier, we can not tell you the reason for this cancellation, because we we possess no such information.
Please let us know if you have any more questions.
All the best,
Representative 1
Support Team
From this email, It establishes that my identity was verified, and that everything that was told to me by your representatives was true. It also says that your staff does not know the reason for my transaction not being approved, but as I have shown you, it was not approved due to the rate increase. The rate increase is directly related to the amount of time the verification process takes place. I clearly indicated to your staff on 3 separate occasions I was concerned about my order, and the price point I ordered at, and I was reassured there was no problem by them. In the end my order was cancelled by an Analyst, for the very reason I consistently addressed to your representatives I was concerned about. I have shown clear evidence establishing that, due to not one particular person's fault, your company has mislead, and wronged me. What I originally sent to you stays true, I humbly request that your company rectifies this situation, and as this situation drags on, my proposal becomes increasingly more costly for you. I would like to pay xxxxxx for xxxxxx. In this situation unfortunately your company would have to pay the cost difference I request that your company stays true to its representatives words and you will make this happen. I hope to hear back from you soon.
Thank you,
My name
This was the response I received from the support teams supervisor:
Support
To Me Today at 3:28 AM
Hello My name,
I have reviewed the correspondence with the team, and while I understand that your question about the cancellation regarded the change in the market price, at the time your question was not fully understood, and the response you were given regarded the cancellation due to the verification process. I do understand your frustration for the misunderstanding, and I apologize for the inconvenience it has caused you.
The support team can provide you with the estimation of the time it would take to process the payment, but they cannot guarantee you a quicker processing time, as it depends only on our analyst team, which takes care of your payment.
As I understand the unfortunate circumatnces, if you would like to make another payment I will make an exception of this rule, and I will try personally to make sure the payment process is quicker. If you would send us a reply to this email once you had tried a new payment, I will try to make sure the payment is verified as soon as possible.
As for your question about the partner policies - as there are indeed many partners to us, the policy that is relevant to you is the partner you have used in your purchase, Wallets name. You can browse through their provided service on their website: FAQ
You can also see the full policy you have agreed to when buying from Support, in our terms of service: https://www.support/terms-of-use/
Please let us know if you have any other questions.
All the Best,
Supervisors name,
Support Team
If you have any questions please let me know and I can try answer them or provide you with more information. I suppose what I am wondering is, regardless of their terms of service, did their team not make a verbal contract with me? are they not responsible for their representatives words? Can misleading a customer like this actually be protected in their terms of service? Is there anything I can do?
Thank you
| You're going to need to post a condensed version with better formatting. Or hire a lawyer.Answer #2: So they canceled your order and gave you back your money? You are made whole. You have no damages.
|
[TN,MS] I take prescription medication for ADHD. Started a new job and drug test collection site released a preliminary result to employer of me failing drug test. Company rescinded job offer despite a clean result from lab. Left old job for new one and now I'm unemployed.
| Two locations because I live and work in TN. Drug test collection site is in MS. Not sure if that matters but I want to disclose anyway. Here's the story:
I have ADHD and have a prescription for medicine that will show up on a drug test. Never had any issues before. I would usually go give the sample and tell the collector about my medication and even show them the bottle. They always tell me the sample is analyzed at the lab and I would be called for any issues. I would always get a call by the lab informing me of the positive result and I would give them my prescription information. Upon verifying my prescription, the lab would send back a negative result. No issues whatsoever.
I was offered a new job and as a result, put in 2 weeks notice with my old job. During the interview, I was told I would have to take a drug test and asked if there would be any issues. I told my manager there would be no issues.
On my first day, my manager told me to leave an hour early to take my drug test (for which I would be paid). I went to the collection site, provided my sample, and informed and showed my bottle to the the collector. As usual they told the lab will contact me for that info. After providing my sample to the collector, they did a preliminary test with those strip things. To no surprise it came back positive for the category of what my script is for. I reminded the collector of my prescription and I was told it is being sent to the lab and I will be contacted by them. I didn't think anything of it, just business as usual. On the way home, I get a call from my manager and she says there was an issue with my drug test. I immediately tell her it's because of prescriptions and it will be cleared up with the lab when they analyze it. She seemed positive about it, saying she believed me when I told her I would have no drug test issues and still believes me about this issue, but in the meantime, I should not come back in till it is cleared up with the lab. I understood her position and agreed, knowing it would just take a day or two and things would be cleared up and I would be back to work.
Just to speed things up, I called the lab the next day and was told they don't have my sample yet but they marked my name as priority so I will be called by the MRO as soon as it's analyzed. I get a call the next morning by the lab, give my script info, and he verifies it while I'm on hold. He comes back on the line and tells me everything checks out and he is sending back a negative result. I immediately call my manager and tell her that it has been cleared up with the lab and she will get back a negative result. She tells me she will contact me as soon as she hears from the lab. A couple hours later, my manager calls me and tells me that she got the negative result back but HR has decided to rescind my offer. She goes on to express how apologetic she is and she would want to hire me but HR has made this decision and her hands are tied. I asked her to explain more and she says that HR explained to her that it is too risky and also that I wasn't honest in my interview by saying there would be no issues with my drug test.
Now I am jobless with no income. I left a perfectly good job to take this one because it was more money. I'm not sure what to do. I still want this job and would like to resolve this as amicably as possible. The manager is on my side but according to her, her hands are tied by HR. I feel this is the result of someone in HR that is a little overzealous in their job. ADHD is considered a disability so could this be considered discrimination? Should I file an EEOC, should I get a lawyer, what can I do? Like I said I left a job for this one and now I have no job. Thanks in advance for your replies.
| Did your manager explicitly say it was because of the failed preliminary test that HR were rejecting you, despite the proper test coming up clean? Because preliminary tests are more likely to have false positives and false negatives, and this sounds like they've set themselves up for being sued for discrimination based on a disability.
[This comment in reply to a similar situation](https://np.reddit.com/r/legaladvice/comments/5casqx/job_offer_rescinded_after_positive_drug_test_for/d9w7vnb/) suggests you've got a reasonable case, presuming that the facts are as you outlined in this case. Answer #2: Is it just me, or is this the second ADHD pre-hire drug test failure in this sub in two days?
Proper procedure would be for the lab to not give any result until they've verified the prescription. Do a search on threads in this sub, looking for posts where I mention "FMCSA" and "benzodiazapenes" for details.Answer #3: It's reasonable for you to assume that "are there going to be any issues with your drug test?" is referring to illegal substances. Were I the job candidate, I would not assume that question was asking me to divulge information related to a disability because your disability is unrelated to the job.Answer #4: Improper medical inquiry - ADA....check it out.Answer #5: Are prospective employers allowed to ask you about medical conditions during an interview?
I definitely wouldn’t want to disclose that I have mental illnesses and take several medications; especially at an interview. I worry that would be a reason I would be passed over and someone else would be hired.
ETA: u/kstram answered this question already in another comment. Answer #6: From your update, what app is it that you use to record all your phone calls? Answer #7: My company recognizes ADHD as a disability. Is this a discrimination case? |
Someone stole my stepmoms phone & cash apped themselves $200. I found out who it was
| What the title says. My stepdad and mom went to a clothing store on Sunday (fathers day) and my stepmom set her phone down for a minute when she realized she didnt have it, it was already gone. They called it, but it was turned off. But they managed to get in to her Cashapp and send themselves $200. My stepmom and dad arent very tech savvy or up to date with technology so didnt think about how they could find this person.
So I went over today and had my stepmom sign in to her cashapp account from her new phone. Turns out they tried to send themselves $600 first but she didnt have that much in her account so they settled for $200.
Anyways the email that it was sent to was right there. So I wrote it down, typed it in to Facebook, and up pops the person we think it is. Here's the thing. The email has this persons first name in it and it's very uncommon spelling, the profile definitely matches up.
Now my first instinct was to message this person and let her know about the incident that happened, that we linked the email to her and that police will be called. I was hoping maybe she would maybe offer to pay the money? But most of it is pure curiosity for what she has to say for herself. But that's probably a bad idea bc she might just remove her whole profile. Her profile says where she works, and other social media account information.
I guess my question is, is this enough for the police to take action? The email linking to the Facebook, is it enough? I had a plan that maybe I can message her, and somehow get her to give me her email address. And if it's the email linked to the cashapp then theres absolutely no way she can deny it's hers at that point. But I'm guessing my best bet is to not contact her at all?
Any suggestions?
| Call the cops. You have all the info. DO NOT contact this person first.Answer #2: Definitely don’t contact her until you take legal action, just to be safe. People don’t usually return what they’ve stolen when asked politely.Answer #3: I would also like to suggest that you, if you haven't already, screenshot her profile and any critical information that may be deleted later on once she realizes how she was found out.
The reason being if the cops can't get enough evidence, or they don't believe there is enough, they won't send chargers to the local AG. At which point the only option is to sue her in small claims were the burden of proof is a lesser amount then criminal charges.
Also does your stepmother's stolen phone have any GPS location finder like Apple phone finder or Google timeline? Having this information would greatly help any case against her if the last turned on location was that person's house or place of work. |
My roommate wont let my friends stay in my room while i'm not home. What are my legal rights?
| My roommate and i are both on the lease for our two bedroom apartment. I had a friend visit me for the week and since i leave for work around 730am, i told my friend they could sleep in and leave when they feel like it (mind you they were only in my room and weren't in any common areas of the apartment.) My roommate got really mad about this and told me she didn't want any of my guest in the apartment when i wasn't there. so my question is, does she have any legal right to kick guests out my room if i give them permission to be there? say for instance, if she calls the cops saying there is an intruder in the apartment, could my guest get arrested? I'm having guests stay with me soon and i am planning on them staying there while i'm not home and i would like to know if there might be any legal repercussions for this. Also, as far as i know there is nothing in my lease against doing this. I'm in California BTW
| Your guest needs to leave when you leave. Your roommate absolutely doesn't have to deal with a stranger when you're not home. It's an unwritten rule of being a good roommate. Answer #2: > does she have any legal right to kick guests out my room if i give them permission to be there?
Unless your lease has some very unusual rules about guest occupancy, the not. You both have a right to the apartment if you're both on the lease.
> if she calls the cops saying there is an intruder in the apartment, could my guest get arrested?
Legally, they aren't an intruder or trespasser. But the cops won't know that if nobody is there saying otherwise, so it's not impossible that the police would ask them to leave. It seems very unlikely they'd be arrested, but again, it's not completely impossible that it would happen because nobody is there in the moment to clear things up. |
(Kansas) Two 13 year old girls arguing over text is it a crime?
| I have a 13 year old daughter who recently got into a text spat with another girl in school. Both kids were in the wrong for what they said and how they said it. I am currently taking away privileges and all that fun parent stuff.
I received a phone call from the school about it today. None of this happened at school, or with school issued property so they school just wanted to let us know that the other girl's mother called to complain. She said that if it continues they will contact the local authorities.
Is that even a thing? I know full well that my child was being an asshole, but is it some sheriff worthy stuff?
My kid is terrified right now because she is convinced her life is over. She is a straight A student and is never in any trouble. She damn near shitting her pants.
We are blocking this other girl on all social media and she isn't allowed to speak to her at school (which really isn't that big of a deal).
Should I keep the messages that were sent earlier in case something happens? I have a feeling that the other kid is only telling one side (my kid showed me all the messages yesterday and I already knew before the school called) and I'm worried my daughter will get railroaded or some shit.
Thanks!
| Harassment is a thing, as are threats. No one knows what what was said. The only advice would be to print off text logs and keep them for your records. Answer #2: There are a variety of ways that people texting each other *could* be worthy of police involvement or even charged as a crime.
Whether or not this situation rises to that level is a question we can't answer. Certainly if your daughter is contacted by the police you should have her politely decline to answer their questions and consult an attorney.
|
[CA] Is my relationship illegal?
| 5 years ago, I met someone online in an online community about music and art. He was 17 at the time. I was 28. We started out as friends talking only online. 2 years later, him 19 and me 30, we met at an art event and we hit it off.
Last year, we started a relationship.
He's 22, I'm 33.
I understand that our relationship is not conventional but we are happy. But his parents does not approve and threaten me.
Telling me that what I'm doing is illegal. Calling me a psychopath and other very mean things, calling me a creep and telling me I should date someone my age. My boyfriend is on my side. He doesn't like the way his parents are treating me.
So, is my relationship an illegal one?
Thank you.
| You're both adults. Bang away my friend, bang away.Answer #2: having a relationship with a minor is not illegal. it's illegal to have sex with them while they are a minor. so if you never had sex when he was 17, there's nothing to worry about. Answer #3: You're both adults, so it's legal.Answer #4: Since he is not a minor, as long as he is not developmentally disabled, there is likely no legal barrier to your relationship.
Even going by the "Half your age plus seven" rule of thumb, you're only one year off. So I don't think it's nearly as creepy as his parents are making it out to be. Assuming that you are a man, I'd wager to say that the idea that their son is gay is still fresh, and that's playing a lot into their attitude. If you're a woman, then disregard - it just means they're putting their nose where it doesn't belong (which is true in the other situation too). |
Ticket for cannabis that did not belong to me
| Long story short, my friend had a party that I helped him keep under control, and the cops ended up at his house. It was just me and him at this point, but we still had some things to deal with.
First of all, my friend (17) got hit with a ticket for underage drinking due to cans of beer strewn across the deck, no summons. I (18) took the fall for a dime bag of marijuana that somebody had left, because Connecticut is a decriminalized state, and anybody over the age of 18 just gets a ticket.
Now, I had no issue doing this, and I would do it again in order to keep my friends record clean, since if they pinned it on him he would have a summons.
The responding officer said my license WOULD NOT get suspended. He said it was just the ticket and that's it.
So I paid the ticket...
Now its looking like my license will not only be suspended, but my car insurance will go up as well.
This really isn't fair, it wasn't really my weed. My friend knows that, my parents know that, and even the responding officers acknowledged that.
So what should I do?
| The fact that it didn't belong to you doesn't matter, see [here](http://en.wikipedia.org/wiki/Constructive_possession).
The suspension of the license is likely administrative by whatever your DMV is called. The police have no control over that. Even if they do, police can lie to you.
>So what should I do?
You can hire a lawyer if you want. Doesn't sound like you have any grounds to fight this. |
I want to evict my boyfriend from the house I'm renting.
| My boyfriend has been living with me for the last eight months. He isn't on the lease. He started contributing rent a couple months ago. I work from home and he disrupts my ability to work. I want to know if I can give him a notice to vacate signed by me, or if I need my landlord to sign it and send it.
I live in Florida and as I understand it, I can serve him a notarized 15 day notice to vacate and have it set for the 1st of May since he paid rent on April 1st.
| If you're on the lease and he's not, he'd be considered your subtenant
The notice can come from you |
I (19f, Iowa) got caught at Walmart and was given Theft in the 5th degree. It is my first offense for anything and I owned up to everything. I’m now wondering where I go next?
| Obvious throwaway because I know what I did was wrong and I do not want to be mobbed by angry people. This isn’t some sob story and I know what I did; I just need some advice and help for my future. Thanks in advance.
Alright, so just to out everything out in the open and be honest, I am a 19 year old girl in Iowa and this Tuesday around 2:30ish I had went to Walmart and concealed 2 Instax Mini film packs as well as fake swiping 4 of them too. I have never stolen anything in my life and never once would have done this, I thought. The idea came from my friends after I vented to them that I was low on film and was asking where the cheapest place to get them was. They told me that they don’t even pay for their film at all and just steal it from Walmart whenever they are low. They explained their technique and how they did it to me. Thinking that the way they do is just so ~easy~ and ~quick~, I fell for it and made the desicion to do it as well. Apart from this day, I have never in my life stolen anything and always paid for whatever it is that I wanted — hell, I even pay my way through college because my parents cannot afford to help. I thought that since they could get away with it, so could I. Wrong. After I “paid” for my items, I quickly tried to leave Walmart but was soon approached by security; the first thing that they said to me was, “Do you know why we are stopping you” and from there on out, immeadiately, I complied and said yes.
They took me to a back-side room and asked me to hand over the merchandise, which I did. They began to question me and I told them everything. I knew better to just he truthful and straight up and that it was easier for everybody if that were to happen. The female security reasoned with me and told me that she understood where I was coming from. That she was once a rebellious teenager and did break the law a few times as well. She compromised with me and said that I could ID myself that she and her partner would let me go and escort me to pay for the items I had wrongfully stole. I obviously agreed however I had totally forgotton that I had only my debit card on me in my purse and had forgotten my entire wallet in my car. I begged for them to escort me to my car so that I could get it or hand over my keys to them so that they could get it but they refused because that could be a liability. I understood so they had to call the local PD on me. While waiting, they spoke to me and as corny as it sounds, they treated me with respect and was forward with me. They even shared stories to me about them while they were younger and assured me that I wasn’t just some ‘serial thief’ and that it wasn’t going to be the end of the world for me,, especially since it was my first time committing any crime. They just agreed that I still was just a kid who had made a bad choice and was owning up to it and that, that was all I could do. I didn’t expect them to be so relatable which shocked me because in all the movies and TV shows, security and cops are always portrayed as very mean, strict, hardened people who doesn’t tolerate anything. I saw them as real people who just did their job and to be honest, I shed a few tears because of them. They were very nice people.
The cop was just as nice as well which made me even more disappointed and angry in myself. Even though I didn’t personally know any of them, I had felt like I let them down because of how nice and respectful they were. No screaming, yelling, or pointed fingers. The cop took notes on what had happened and then took me outside to my car so I could get my ID to show who I am. He walked with me and explained what was going to happen: I was getting Theft in the 5th degree since it was my first offense and because everything I had took ($60) was under the limit of $200. At this point, all I can do is just accept my actions and just ask where to go from there. The cop said that he has dealt with situations like this and said that there is two ways the end result could be. The first he said would be the fasted to get it done and over with: say I’m guilty and pay a fine. He said that that’s what a lot of repeat offenders do and that it will stick on my record. The 2nd he said is what I should shoot for: get a deferred sentence and be on unsupervised probation for 3-6 months, as well as pay my fine and the cost of what I had stolen. After that he made me sign a piece of yellow paper that says, “CONSENT TO DELAY OF INITIAL APPEARANCE” on the top. I was let go after that.
I have never even stepped foot in an actual courtroom so I have no where to go next. I am not denying, lying, or trying to sneak my way out of this. I have been very honest and complying with the entire ordeal so there is no ‘not guilty’ now. I am deciding to keep this to myself and not involve my family in this because of the backlash. I have however told my boyfriend because I had a guilty conscience and couldn’t hold it in when I got back to our house. I am a legal adult and I can handle this myself. This was my consious move and I own up to it. But even if I am taking the mostly private road, I still do not know what to do. The piece of paper I signed for the cop said that I needed to appear in court by the 24th of this month however the cop also said that I could go sooner, even this week. I am planning on going in the morning (Friday the 13th — wish me luck ha!) but am confused. Do I just walk into court? Who do I speak to? I am really hoping a deferred sentence because from me googling it, I can deal with the consequences and still have it be erased from my record when I complete what is asked of my successfully. Do I get a lawyer or public defender? Will I go to jail? Will this be a a prolonged thing where I have to go over multiple days? I have $300 in savings plus my taxes are coming soon ($500ish) so hopefully I will be able to pay what needs to be paid mostly and on time — Who do I pay? The piece of yellow paper mentions the time of 8:30 am, do I have to go at that time speficially? How do I explain what I would prefer and is there some sort of compromise? I’m afraid of the book just being thrown at me, even though that is what I deserve. This is a scary feeling and I can’t help but feel small. I wished I never went to Walmart on Tuesday. This is what I get but any help and advice and heck, even a step by step explaination would be wonders for me.
I have also included the yellow piece of paper as well.
http://imgur.com/BmcMvzV
Thank you.
Topic:
Criminal Law
| Loss Prevention here.
Because of the amount you will likely also get a civil demand letter in the mail. It has nothing to do with us, its our legal team that sends them out. This is in addition to criminal proceesings.
As far as the criminal court date goes, if you can't afford a lawyer, ask for a court appointed one. Even if you are admittedly guilty and want to own up to your actions, you want a lawyer who has your interests in mind helping you navigate this.
|
My friend thinks he is already screwed for his divorce so he doesn't even want to hire a lawyer. Should he? (Mississippi)
| I have a friend that needs help. This friend was served with divorce papers a month ago. He thinks he is already screwed and doesn't think getting a lawyer will help him. I think he needs one.
**The background:** My friend is not perfect and that is acknowledged. He was cheating on his wife. He had the woman he cheated over while his wife was in the hospital recovering from minor surgery. They had lit some candles and the ones downstairs caused a fire while they were upstairs. It burned the house down. The cheating is not a secret any longer because him and the woman he was cheating with were found by firefighters or police and they were not wearing clothes. They were hospitalized for inhaling the smoke and the woman he was cheating with was found to be pregnant (no test yet but she says it is his and he believes her but they can't test yet). He also has $70,000 in debt from poker and cards that his wife didn't know about until she started looking at finances because everything they owned was lost in the fire and the house is gone. He also spent $5000 from their bank accounts on the woman he was cheating with. **The facts of the marriage:** They are both 27. 5.5 years married and 8.5 years total for the relationship when she filed for divorce. They both work full time, he makes approximately 25% more in salary then her. They each have health insurance through their jobs. They don't have kids. The only other debt there is besides his secret debt was the mortgage on the house that burned down. They co-owned two vehicles that were lost in the fire and both of their names were on all the other bills. They had a joint bank account and a savings account he spent the $5000 that were in them on the woman he was cheating with without telling his wife and there is nothing left. His wife knows about it. The divorce was filed on the ground of adultery.
He thinks that there is no reason for him to get lawyer but I think that given how bad he messed up that he definitely needs one. But I've never gotten divorced or been to court or needed a lawyer so I don't know. Who is right, I know he messed up AND IS NOT PERFECT but I think he definitely needs one or it will be worse. If I'm wrong I'll accept it. (The location is Mississippi)
| He's obviously not very good at making the right decision, by failing to get a lawyer, he is continuing that pattern.
Things will probably go poorly for him, but getting a lawyer will help him decrease the damage.Answer #2: He is far from merely "not perfect" and at least according to this description, he's a walking disaster area.
That said, he should get a lawyer. And he is getting to keep that gambling debt all to himself, and probably some of the losses from the fire he started with his mistress.
So he's going to be screwed for a good long time.
This story sounds more like karma than reality. |
I hit & ran in someone else's car without a license.
| Location: North Carolina, USA
First things first: I'm an idiot for having done what I did. Remorse doesn't even begin to describe how awful I feel about hitting and running. However, what's done is done, so I'm only able to make the best of my giant mistake from here forth.
Two weeks ago, I used my SO's truck to make a trip to the grocery store. When leaving, I backed out of the parking space too far and hit the car behind me. No one was in the parked vehicle. It was just a minor tap since I was backing out slowly. I proceeded to get out of the car to check the damage. There was no damage to the truck, and no visible damage to the other person's car. Being that there was no damage to either, I proceeded to drive home. I did not leave a note or take down the vehicle's information. Stupid, I know. I was a bit shaken up, because I haven't been involved in accident (minor or major) in over eight years. When I got home, I just sat there and contemplated what had happened and what I should have done instead to rectify or help the situation. Approximately two hours later, a police officer came to the door and began asking me questions - saying a witness saw me hit and run the vehicle. I was honest and forth right with the officer; apologetically explaining to him that I was startled at the scene but didn't see any damage and very wrongfully chocked it up to being less crucial as it was. I was also honest with him about not having a driver's license, and the vehicle belonging to my SO. He wrote me a warning ticket for NO DL, and filled out a police report about the event. He wrote a police report and a citation for the hit and run. The accident can be handled between insurance companies and settled at the courthouse in March. The officer stated that all I'd need to do is bring the appropriate documentation providing insurance settled the claim and I'll not have to pay any court fees/fines. Being that this was another person's vehicle, it's been difficult for me to get in contact with the claims adjuster. I did find out the person I tapped is claiming damages - when I know there aren't any. Granted, my word is essentially invalid at this point. I'm currently awaiting a call back from the adjuster to give my side of the story.
I'm unsure of the process ahead of me being that I also do not have a valid DL, I hit and ran, and it's someone else's insurance/vehicle. If someone could please give me some insight on the situation, or where I can easily obtain information on what to do next, I would GREATLY appreciate it.
| >He wrote me a warning ticket for NO DL
That was lucky.
>citation for the hit and run
Do you have the statute number on the ticket?
> I'll not have to pay any court fees/fines.
That might not be true.
SO insurance may or may not cover the damage. Since you are an unlicensed driver it will depend on the coverage. You will have to wait and see. |
[CA] I am addicted to opioids and set up an appointment with an addiction psychiatrist tomorrow afternoon. What possible ways could seeing an addiction psychiatrist make it back to the company I work for or negatively affect my career?
| For this past 3-4 months, I have developed a pretty severe opioid addiction. I feel I should point out that what I have been taking is not actually illegal in the US or California. It is a heavily concentrated extract of a plant kratom and I have been buying it online and getting it mailed to me. I am addicted nonetheless and get severe withdrawal(can barely get out of bed, cannot eat anything, throw up, the works) when I don't take it. I have remained completely functional throughout this time and have not let it affect my job performance at all.
I reached my wits end with my addiction yesterday and scheduled an appointment with an addiction psychiatrist tomorrow afternoon. The thing is I graduated from college last Fall was able to get my dream job working for one of the biggest biotech companies in the world. I could not ask for a better first job out of college and I am exactly where I want to be in terms of my career. Is it possible for the fact that I am seeing an addiction psychiatrist to make it back to my employer in any form? Could it affect my career in the future? In what ways?
Using my weak google skills, it looks like California has some pretty strict medical confidentiality laws but I know very little about law.
Topic:
Healthcare Law including HIPAA
| This is definitely something you can ask the psychiatrist about tomorrow. One of the things they should go over with you during your initial paperwork is the limits of confidentiality and what they can and can't report, and to whom, and how they protect your privacy with your insurance/HR/etc. But your insurance claims, by themselves, shouldn't in any way be making it back to your employer.
If you end up needing to take time off work, you're totally fine being vague about the reason (you might want to decide on some wording about, "It's medical, and I'd rather not get into it. It isn't serious, but has the potential to become so, so I wanted to get it taken care of now."). A decent manager will have the discretion and good manners to not inquire further. People have all kinds of chronic medical conditions that require care that makes them take time off work sometimes.
Finally, good for you for making the call, and best of luck. I think that whatever your concerns about your employer finding out, your chances were much worse if you didn't make the call, and your addiction got worse, and started noticeably impacting your work. That's a hole that a lot of people can't dig themselves out of. That you called a pro and are getting help and taking steps to figure this out reflects well on you, and hopefully, even if your employer finds out, they'll take that into account. |
How bad is this going to be for me
| Sorry never used reddit before but I really need help and don't even think this is the right place to go. I'm 25 and never paid my taxes since I was in high school, just figuring out how dumb that was. I just need to know how bad that might be when I go do my taxes this year. Like will I go to jail. Or just saddled with back taxes and debt for the rest of my life.And it gets worse. I had some social benefits and failed to report to the social security office when I got a job and kept I said benefits.Like I said dumb. I'm a kid in a man's body .But any one for advice or a place to get it. Sorry if I'm doing this wrong or this is the wrong place. I'm in the US.
| Never paid taxes or never filed taxes? That's two different things and everything depends on that.
Most people like you have standard w2 income so the withholding is done aka paid and then there's commonly a refund. The IRS is very easy to work with as far as government agencies go.
The people you hear with the massive tax issues are usually self employed and don't pay. That would be really uncommon for someone like you.
So make a list of all the jobs you had about how much you made and make an appointment with an accountant.
The possible issues here range from a return netting you some cash, breaking even to paying but I would feel it's more likely that you're closer to money in than out. However your accountant will be your friend in this. They're not free and you need them. Your accountant will set your strategy but don't be surprised if you file for an extension and spend the summer cleaning this up. I wouldn't lose a lot of sleep as you're making the correct decisions now.
Also /r/personalfinance should be on your defaults from now on. Answer #2: Unless you have really high earnings, you aren't going to jail.
I had a relative who genuinely believed that the income tax was unconstitutional. He vocally refused to file a return. After several years of arguing with the IRS, he was criminally charged in federal court. His lawyer prepared and filed the missing returns. He would have received a refund if he had filed. (You can't get a refund after 3 or 4 years or so.). Anyway, he got convicted but served no jail time. He only got prosecuted because he was vocal about it.
Gather the info and file the returns. |
My girlfriend (13F) is trapped in a messed up home life
| So my girlfriend is stuck in a horrible home life where her mom is addicted to drugs and she brings all these men over and she doesn’t buy enough food for all of them. So she’s stuck in this shit and I’m living in a stable home life with a mom and dad in a large house with means to keep a stocked fridge. I want to get her out of there I hate seeing her in that situation and she is super depressed being there. I don’t know what to do. Is there anyway she can live with us.
Topic:
Juvenile and Youth Law
| Call CPS. |
[California] Employer is unable to or unwilling to disclose how much vacation time employees have.
| So the department I work for changed companies who own it. And we are having problems with the new HR department (in New York) letting us know how many vacation days we have.
Many emails and requests have been ignored or given the run around. And now people are not getting paid for time taken off that has been approved.
Is there any recourse we can take to just find out how many days we have so we can plan our lives accordingly.
| If vacation days are given to you as part of your employment contract, you definitely have the right to know what your current vacation balance is. I would physically go to HR and make the request, or call them. Emails are easy to ignore.
If you are still ignored, bring a copy of your employment contract to an employment lawyer to discuss the ramifications of such a thing.
Likely, if the company change is rather recent, they're still sorting out who has what, and it'll take some time to get paperwork in order if the purchase wasn't terribly organized. |
Help me. I am living with a abusive family.
| I am living with an abusive father, I have thought of one question. If my father has tried to stab me but I have avoided his stabs and I have felt afraid and stabbed him in self defense in the eye and around his body due to self defense but no cuts on me. he has tried to kill me before and take away my life. If I have done that and I have stabbed him around his body and one of his eyes in self defense only and he has had history of abuse of me. what would happen to me and my father? I live in Missouri, USA. what are the laws of this scenario and what will be the consequences in this scenario. I would like to know the books of laws during this scenario federal and state level. what will the police do to me? I am 15 years old. please I need your help and I do not want to harm anyone unless if my life is in danger. what will the consequences be?
Topic:
Update
| If you are living with an abusive parent, you need to reach out to CPS. If you are in immediate danger, you need to call the police.
Stabbing someone in self-defense might be justifiable, but not repeatedly stabbing a person after they've stopped attacking you. So, no - you're not going to "stab your father in the eye and then also around his body due to self-defense." If he attacks you, you can *reasonably* defend yourself and call the police. |
My husband wants to marry a second wife - and she's only 17 (Boston)
| My husband and I have been married for 14 years and living in the USA for 12 years (I'm 34, he's 38). The marriage was registered in Iran.
He regularly visits Iran for business purposes. He wants to marry an employee's daughter in Iran. She's 17 but will be 18 by the time the marriage happens. I think it's immoral. I spoke to her on the phone and she told me she consents to the marriage, but she's a girl not even a woman. I dont think she fully understands. Also we are a lot wealthier than her family so I feel like she only wants to marry him for the money. My husband told me he doesn't need my permission to marry again and it won't affect me as she will be living in another country anyway. Culturally and islamically, it's not uncommon, and he's right that he doesn't need my permission .. but it's not right in this day and age
We have two kids, I'm worried about the assets being divided between me and her, we have significant family property in Iran and the USA (all titles in his name). I'm also concerned about the future inheritance of my children.
What are my legal rights in the USA? Divorce wouldn't be an option as I'm not able to financially support myself. I don't have a college education and I won't be able to maintain my current lifestyle with a low paying job
| > What are my legal rights in the USA?
Bigamy is illegal in the US.
Go tomorrow morning and see a divorce attorney who can help you sort out what is actually going on and what your options are. Good luck.Answer #2: If divided isn't an option to you because you don't want to change your lifestyle, then you stay married and put up with it.
Or you can talk to an attorney about divorce |
Class-action settlement for the wrong amount, lawyer is unresponsive, what are my options?
| I'll keep this fairly long-story as short as possible.
I was involved in a class-action lawsuit against a former employer for the improper payment of wages. In this class-action, there was two separate classes: opt-in and opt-out.
As part of the settlement terms, the opt-in plaintiffs split a portion of the settlement while the opt-out plaintiffs split another portion. The class of opt-out plaintiffs is *much* larger than opt-in, meaning the settlement amount for each individual is much smaller.
I chose to opt-in to the lawsuit and was receiving all the communications as part of the opt-in class (this acts as my proof). However, when I received my check it was much smaller than expected with a notice that I was receiving it as part of the opt-out class. When I contacted one of the two law firms (both located in Alabama) to see about the error, I was informed that the settlement administrator may have mixed up my settlement with someone with the same name (fairly common first and last name) and they would look into it.
This was over five weeks ago. Despite repeated phone calls, emails, etc. I have not heard anything back. I am located in Florida, and driving to their office isn't exactly an option. I even called the *other* law firm and someone there did return my call, said they spoke to original attorney and there were "looking into it."
As part of the settlement terms, you have 90 days to cash your check as "acceptance" of the terms. Since it's already been 39 days, I'm getting nervous that the 90 day window may expire without receiving the proper amount.
What are my options to get some kind of resolution? Do I need to hire my own lawyer to draft a letter for the original law firms? I'm at a loss with this one and would appreciate help.
Law firms location - Alabama
My Location - Florida
Company Location - Florida
Thanks!
Topic:
Labor Law
| Written correspondence is a lot harder to ignore than a phone call, especially when sent CRRR. |
Our team took a ride back to our school on a bus with a flaming tire
| After a late-night tournament, our team boarded a bus to be taken back home. About halfway through the ride, a couple of us started to notice a really terrible smell. We thought that maybe we were just passing some weird industrial factory or maybe a garbage plant, but other than that, we didn’t put much thought into it. Looking back on it now, it was definitely an incredibly intense burning rubber smell.
At one point, on the highway, a car honked at us repeatedly, but we all just thought he was an angry driver who was mad at the speed-limit-driving bus (he was probably trying to warn us that our bus was smoking).
So we got off our exit and continued to suffer through this smell for about 20 minutes. We tried our best to just ignore it, but it seemed to keep getting worse.
We finally got back to our school and a couple of my friends spot a large column of smoke rising up from the back right wheel (we were seated right above that wheel). We promptly got off the bus, but none of us fully believed that the wheel had actually caught fire; until I spotted an orange light emanating from the inside of the wheel.
Under more investigation, the inside of the wheel was, in fact, totally on fire. The inside of the wheel hub was completely engulfed in flames, so one of my classmates ran into the school and grabbed a fire extinguisher (idk if there was one inside the bus or not). They knelt down to get a clear view of the fire and successfully put it out.
With that situation over with, and with the driver calling for help, our team went our separate ways. However, after the excitement ended and the adrenaline faded, we all started to feel absolutely terrible. We all seemed to have roughly the same symptoms: a kind of pass-out-queasy feeling, a throbbing + stabbing headache, pain in the mouth/throat/lungs (most commonly: the lungs), and bits of delusion (eg. not remembering parts of the ride home, believing the texts that they sent were actually other people texting them, etc). Also, my friend with asthma had an asthma attack after they got home. This same friend also believes that they had passed out while on the bus (but when they asked sons other friends, the friends just said that they had fallen asleep).
My friends believe that we have basis to sue the bus company, but I am a bit doubtful.
Which leads me here. I know absolutely nothing about legal stuff, so it would be enormously appreciated if someone smarter than me could advise us on what our best course of action is.
Thanks.
| Get medical attention first, to make sure you get any treatment you need. If your doctor concludes that your symptoms are due to being exposed to a hazardous chemical, contact a personal injury lawyer. |
I received a phone call from someone i don't know and a number i cant call back saying i'm in a lawsuit. What am i supposed to do? [PA] (I'm just a high school student!)
| I received a phone call with a recorded message saying that I am involved in a lawsuit with someone i have never heard of before. it asked me to call a number and respond within the end of the day. It also said i should receive a summons in the mail within the next two weeks, and gave instructions to bring 2 forms of ID into court and other things that went over my head... i couldn't write the number down and redialing just gives me a busy tone. I'm really confused as to whether this is some sort of a scam or not. i thought it was a phone scam till they called again in the same hour with a similar message. i'm just a sophomore who's never even gotten in enough trouble to see the inside of a principal's office, so i have no idea why someone would do this.
| A telephone call is not, generally speaking, proper service. If you do get ahold of them, ask them for identification of the lawsuit - court and docket number. Answer #2: It's a phone scam. ~~You're a kid, which means that even if had done something. the plaintiff would be suing your parents rather than you. Try to not worry about it.~~
EDIT: I stand by it being a phone scam, however.Answer #3: Stop worrying. If you actually get served with a summons then worry.Answer #4: It was likely a scammer trolling for a victim. Just ignore it. |
What should I do? (If anything)
| [deleted]
| So,
What did you steal?
Because; y'know what? It makes it seem like you are missing out some key details there, particularly since you got a citation.
Your race has nothing to do with it. Don't make it into a racial issue. |
Wife and I were served by a couple my son rear ended.
| This is in NY, today we got served because my son had rear ended a couple at low speed, he was insured and they initially went through insurance. The accident was reported as being very low speed (under 10 mph) but they are claiming they can no longer work or enjoy life.
We work very hard to maintain our basic expenses and it is not easy to keep our heads about water and I am afraid that if I deal with this improperly the outcome will be dire.
What direction should I investigate?
Thank You in Advance
| You should forward the information to your insurance company, who will take care of it. If it was a low speed crash, it is doubtful that the damages will exceed your policy limits.
This is why you have insurance.Answer #2: Contact your insurance company and let them know.Answer #3: Report the suit to your insurance. |
My girlfriend and I started dating when she was 17 and I was 16.
| Now that she's 18 her dad says we can't date because it's a class 1 misdemeanor in VA. Is this true? And is there any way around it?
| You can date. You can't have sex (or do anything sexual in nature).Answer #2: Virginia's age of consent is 18. Their is no "Romeo and Juliet" exception in Virginia law. As I read this, she is 18 and you and either 16 or 17. Any sexual contact between you two will result in her being guilty of a class 1 misdemeanor punishable by up to one year in jail and a $2,500 fine. She may also be required to register as a sex offender, which WILL ruin her life.
The is no way around this. By law you cannot consent to sexual contact with someone 18 or older until you are 18. Her father is 100% correct about no sexual contact, but you can date so long as nothing sexual is involved. |
(CO) Best friend's ex-wife making up lies to get daughter over Christmas
| This is my first time ever posting on Reddit, so apologies in advance for not really knowing what I'm doing.
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My best friend was scheduled to have his daughter (3 yo) this weekend starting at 4pm this evening (Friday) until Christmas Day. At 3:30pm, he got an email from his ex-wife's attorney stating that effective immediately he can't see his daughter over Christmas. They submitted something to the court (I don't know if it's an injunction or what the formal term is) that outlined a series of reasons why his daughter is not safe around him. Reading through it was horrifying - it's basically a list of slanderous accusations suggesting that he is sexually abusing his daughter. It said things like she screams and cries every time she has to go visit her father, that even though she's potty trained, she peed her pants twice in 10 minutes after a visit, and a bunch of other stuff. There's no evidence to back any of this and everyone who know my friend can vouch for what an amazing dad he is. This is definitely not the first time she's made similar false claims. Anytime he's pushed for increased visitation time, this has happened. In today's case, this comes only a few days after he told her he's going for 50/50 time (he currently has about 30%).
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This whole thing is obviously just an attempt (and so far a successful one) by his ex-wife to take their daughter for Christmas. My friend was made aware of this 30 minutes before he was scheduled to pick her up, which happened to be on a Friday before a long weekend. Though the document was submitted to the court, it hasn't been reviewed or approved by a judge. And no court (or attorney) will be open until Wednesday after Christmas.
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My friend tried desperately to get a hold of his attorney - and when that failed, any attorney who didn't take off for the weekend. But so far, no luck. That's why I'm turning to Reddit. Chances are this won't get sorted out until after Christmas, but I figured I'd see what legal options he has. I feel terrible - he has been crying uncontrollably ever since he found out and I hate seeing him like this. Any help / advice would be greatly appreciated.
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| Did her lawyer send a court order saying he can't get kiddo? Because if there's no court order, I'd take the current one and have the cops meet me to go get my kid. |
Hypothetically if Trump and Obama were to get into a fistfight, what would the secret service be suppost to do (Since both are under USSS protection)
| I’d imagine they would intervene as soon as possible, separate the two, and report it to the authorities.Answer #2: I imagine they have all placed bets on this exact situation, so they would probably help out their guyAnswer #3: They'd intervene to save Trump, because lets be honest: neither president is a trained fighter, but Obama is in much better shape and Trump probably believes he's as tough as Vladmir Putin. |
|
As a landlord, am I legally allowed to search through my tenant's rental unit for incriminating evidence if I suspect that he has been participating in illegal activities in the unit?
| [deleted]
| You can't search his room.
You can give him notice and evict him.Answer #2: No, you cannot search his room. You cannot even enter it without permission, or without giving advance notice.
|
My girlfriend's roommate regularly harbors her fugitive boyfriend; my gf wants to report him but is scared of being thrown under the bus. Advice?
| So, my girlfriend, let's call her Z, has one roommate, Y, and Y's boyfriend, X, committed some non-violent crime (detailed more below), fled the scene, and now appears to have a warrant out for his arrest. Z is sick of the stress of possibly being caught with X while he's over with Y. I'm trying to help find a solution that doesn't get her in trouble.
X crashed his car into something (Z doesn't know exactly what) and fled the scene. The police have gone looking for him, showing up at both Z and Y's apartment and Y's mother's house. Unfortunately, Z has known this for awhile, basically since it happened in June-ish of this year. Only now is she fed up enough to report it.
Y keeps saying that X will turn himself in, but it's been weeks of that lie, and we're sure that he has no plans of going to jail/prison. Our only recourse is to either turn him in by giving the police a tip when he's over or simply not doing anything (which makes her very nervous).
I guess my question is, if X is over her Z and Y's apartment, can Z call the police, tell them that he's over, and not be in fear of prosecution? Thanks in advance.
Also, this is my first post here, so please lemme know if I've done anything wrong here.
EDIT: The bot has informed me that I need to include a location: New Berlin, Wisconsin, USA.
| Yeah, Z can call the police and give them a tip. No problem at all. |
How bad is insurance fraud
| [deleted]
| It's bad.Answer #2: Why would they pay for it if you were parked but wouldn't pay for it if you did it?
Im an agent in NY, Im really curious. Either way it is a collision claim.
|
Reported someone to the DEA- what now? Do I need a lawyer myself? Georgia
| Background: a doctor prescribed large amounts of drugs to my nephew who was 19. Nephew died from the drugs. (Used as directed.)
*the statute has passed and we are not seeking a med mal suit*
So I called the DEA to report the bad prescribing habits. They are extremely interested and are investigating- but can’t give me any info on what happens next (understandable). They brought in states attorneys and an OIG guy too.
Question is, do I need a lawyer myself for any reason? This is an extremely well known and popular doctor in the area- will they know I turned them in?
Does anyone know what to expect here? What is a DEA investigation like? It’s all so secretive and nobody can tell me anything. I’m so nervous and scared and wondering if this was the right thing to do.
| Your anonymity should be held against this doctor. Since you reported this to the DEA and they have started an investigation, the only things they may need from you is a statement or some evidence of the prescription. After reporting stuff to any enforcement figure, it tends to be taken out of your hands and becomes a case between "The Doctor vs. The DEA."
As for secrecy of what info you're being given, the DEA also has to be cognizant of the doctor's rights and that everyone is innocent until proven guilty. They can't go around telling you everything they have if the doctor ends up being innocent.
You most likely won't need a lawyer since you simply reported it and were not involved in the incident. |
(MI) Got a citation for parking on the road during a snow emergency
| Back in March, I was driving my dad's car since he's out of state. I usually park it on the street since our drive way is small. I hadn't realized, but a snow emergency was declared, and so an hour after it was declared I received the citation, which I found the next morning. I called the court to ask what my options were, and I chose to appear in court for pre-trial rather than pay the fee (Which was over $100). My dad is listed as the defendant, so I'm going to be representing him. I'm honestly not sure if I have a case here to get the fee lowered or removed, but I would at least like to know what my options are and how I should proceed. Thanks in advance.
| > My dad is listed as the defendant, so I'm going to be representing him.
Are you a lawyer?
In any case, it seems like you've been accused of doing exactly what you did. Why are you wondering whether you
>have a case here to get the fee lowered or removed
Answer #2: So you're going to pay the fine.
That's how you proceed. |
Take Windows to Small Claims for new PC over Win 10 Audio Broken after update?
| So in a recent Windows 10 Update (October) it messed up the audio on my new PC. I've tried updating, removing then reinstalling the audio drivers, etc.
&#x200B;
The only fix I had was downloading software from RealTek's website and installing that. While it did fix my audio problems it is still slightly messed up. (Plays audio, but when I plug in headphones it plays through headphones AND on-board speakers). I have also tried to fix this issue by selecting a default audio playback device. Although it was still messed up.
&#x200B;
Anyway this has gotten quite annoying as I am taking some online programming courses and when I try to go to Starbucks and study up I have to keep the volume very low so I don't annoy anyone (as again it plays through my on-board speakers AND my headphones).
I have done research on this Windows 10 issue and surprisingly a LOT of people have had this problem. I'm not looking for a $100 Million lawsuit, im simply wanting a 100% fully working PC and Microsoft support has been no help when I contacted them
I do know that most big corporations will settle in small claims court BEFORE the court date as it wastes their time to even show up so I feel this is my best option.
I would assume this is a "Damage" as it has caused the software to not work properly and it wasnt caused by me.
| You are legally allowed to sue. You chances of winning are about 0%. You can simply rollback the update or restore from backup.Answer #2: Stop making big deals out of such small things, you're learning to program, you know the basics of a computer. Roll back the update and get on with life. |
Ex caused bankruptcy, still not paying his share
| My ex and I were divorced ten years ago. In the divorce decree, he took $20k of our mutual debt while I assumed $60k ($25k of that was student loans for me so I didn't expect him to pay those).
ALL of the debt was in my name because he had filed bankruptcy prior to us getting married. I was young and didn't know better. He paid his part for almost a year, so I didn't see a reason to check up constantly. Then he stopped paying without telling me and I started getting calls when my accounts were almost 90 days past due.
Up until that point, I had impeccable credit. I mean AMAZING for someone who was 28 years old. My score was over 800. I never had an issue financing anything. However, because of his decision to stop paying, I had to start trying to make up for him. I fell behind on my own payments, eventually defaulted on my student loans, and three years later, filed for bankruptcy.
Over that time, I did some things that have shaped who I am now. I never went on any state or federal aid. I actually couldn't because I didn't qualify. I was a single mother with two little children who were three and one year old. My ex paid me child support but nothing for daycare (that's what was in the decree). I made $1100/2 weeks and daycare was $1100/month. I actually had a girl who worked for the daycare tell me if I quit my full time job, she could help me fill out the paperwork to get whatever aid it is to get daycare assistance, WIC, food stamps, etc. I politely declined. My parents helped me occasionally buy clothes for the kids but otherwise, I worked my ass off.
So now it's been ten years since the divorce and six since I filed bankruptcy. My ex felt bad for me having to file so he paid me an extra $50 in support for two years. Then he stopped. He now works two jobs, has another kid, and I've never taken him back to court for anything.
Currently, he's not paying his half of the kids' medical bills. He never has. It's in the papers that he has to, but he refuses and says he doesn't have the money. He also takes the kids out to dinner and to do stuff on the weekends he has them. I also know he's out running around when he doesn't have them. I'm so tired of him not being responsible for his share, but I'm afraid that if we go to court, I'll have to reveal what I make now. I've almost tripled my income since we divorced and I did it by working hard, almost starving to feed the kids when he wouldn't do anything he was supposed to, and going through hell with him. I've forgiven him for what happened when we were married but I'll be damned if I'm going to let him pay a dime less towards our kids.
TL;DR: Ex refuses to pay half of court mandated medical bills for his kids. It's a pattern. I'm afraid if I take him to court, my support will be reduced because my income has increased (but so has his). We live in Missouri.
| I believe you want to get your lawyer involved. You just want the Ex to pay what is outstanding.
Even if the Ex applies to have the custody/support agreement changed he is still on the hook for any outstanding amounts.
You may want to check with the lawyer on automatic wage garnishing that is administered by the state. |
I was refused a job interview because I'm mute, I literally can not speak
| After an email correspondence with a prospective job, I explained that I cannot participate in a verbal interview where I speak. I explained the translation process, which they explained that they were not interested in hiring me because I could not satisfy their requirements. Legal? USA, California
| Does the job require speaking?Answer #2: If you were getting email correspondence and they said they do not wish to hire you because you are mute, get a disability lawyer and use those emails as evidence to take them to court for discrimination. If your job was sending emails from home you could 100% do it without talking.Answer #3: Is this one of those instances where a small employer gets to skirt the law because they have few employees?Answer #4: What’s the job?Answer #5: The only way this would be legal would be if the job required you to be able to speak as part of the responsibilities (e.g. a call center could legally refuse you because you can't use a phone).
File an ADA discrimination complaint and get a lawyer. There's a good chance you just made some money... |
[CO] is my apartment office allowed to accept a package and then later return it to sender?
| [deleted]
| How long had it been sitting there waiting for you to pick it up? |
I messed up and sent nudes to a fake snapchat profile, what now?
| Title. I'm in Boston and I recently got involved with a fake account on tinder and that evolved into me sending videos on snapchat. I know that this is a very dumb thing to get involved in. I had a lapse of judgement.
I don't even know if they saved them or if they have malicious intent. I'm not sure yet, but I'm going to assume this is the worst case scenario and they're planning on posting the videos i sent online.
Is there any way I can stop them from doing this?
What's my next step? Should I confront them about being a fake profile? Should I claim that I am below age? (I'm not, but maybe I can scare them into deleting the videos by telling them I lie about my age on tinder)
They don't know I know their profile is fake yet.
Thanks in advance. I know this is dumb.
Topic:
Computer and Internet
| Just don't contact them anymore and move on with your life. Explaining how bad it would be if it got out can open you up to some extortion attempts. |
Found my wife's stolen computer via LogMeIn ... now what do we do? (xpost r/ProtectAndServe)
| When we left the US last year, we shipped all of our belongings from LA. When we received our shipment several months later in Europe, my wife's iMac was missing.
We filed a police report with LAPD, and that was the end of it.
A few days ago the computer came online, and I could see it's IP address through my LogMeIn panel. I was able to log in to the computer remotely, and establish it's precise location in an office in LA. I was also able to see the email & contact info of the person who now has it.
We are wondering what our next step should be.
If we call LAPD, will they go to the establishment and 'seize' the computer? Ship it to us? (I have the original Apple receipt with serial number.)
Or should we call this person directly and tell him it's a stolen computer? My fear is that if he is malicious he could just take it offline, take it home, and properly wipe it.
Or send a friend in LA to the office to talk to the guy?
No idea if the guy in possession is the thief; he may have just bought it used on Craigslist or something.
Thanks for any advice...
**UPDATE:** After about an hour on the phone, and speaking to 11 different officers at different LAPD branches, the "final" answer was, "No, we will not go there, because we could not enter without a search warrant. Why don't you go there yourself and try speaking to the person? If there is a problem you can call 911."
I find this ludicrous. LAPD is advising us to enter a potentially dangerous situation, on the off chance that this guy will say, "Oh, here, take your computer"? I don't see that happening. So should I send my biggest, meanest friend to intimidate the guy? I'm not even in America.
I could also contact this person, but arm myself with a stack of incriminating Craigslist personal adds, his browser history, his bank info, tell him I have all this personal stuff on him, his email account, etc ... basically "cyberbully" him into handing it over ... but then I would just be acting criminally as well.
I find this absurd. Item was stolen. I know exactly where it is. Yet police is unwilling to do anything.
*"Serve and Protect"?!?!*
| > We filed a police report with LAPD, and that was the end of it.
Contact the LAPD and give them your case #, tell them you have tracked your laptop. |
(Texas) I was in a car accident on Wednesday and i was not at fault...
| I was driving on the outside lane of the road and i was hit by a girl that she was not paying attention and merged into my lane hitting my fender and my tire with her vehicle, how ever there was not a police report made since there was a minor collision i called the cops because she was trying to leave and they gave us a form called the blue form, i called Geico (her insurance) to file a claim and apparently she called to said we were at fault and there was no damages to her vehicle.
I have a recording of her stating that she was at fault and the officer she talked to us told me she admitted full responsibility of the accident and she has it on camera, but there is no report,
how do i ger Geico to take care of my claim if they lied to the insurance?
In the recording she admits her mom has been the one talking to the insurance and she has not talked to them, she says in the video twice when i was calling her that, " why would i not be at fault?" she also stated on the call that "she did not tell them it wasn't her fault for sure"
So basically her mom is using someone to pass as her daughter or she is lying about her not talking to the insurance, how can i fight for my repairs besides the stupid blue from from the dmv ??? Austin Texas
| Simple, contact your insurance and let them deal with it. |
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