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I bought an S8 cellphone from a Samsung store in Taiwan then moved to Canada. Just a week ago I broke my phone screen. Today I took it to Samsung in Richmond, BC. They are refusing to fix their own product.
| Saying it was bought in Taiwan and they can't fix it in Canada. Even though it is the same phone and model made in korea and the only thing they need to change is the screen. Can they do this?
Any advice on what i should do next. I told them I still want to send it to them and I want them to reject my claim in writing so I have paperwork showing they rejected to fix their own phone which is less than a year old. I know the warranty is not valid but how can they refused to fix their own product. Any advice will be great.
| > I know the warranty is not valid
They can refuse to work on yout phone for pretty much any reason if you are out of warranty. It might just be company policy.
Your best bet is probably to go through a 3rd party repair center. |
My landlady gave a few days notice of raise in rent, mid-lease, and refuses to communicate in writing. Missouri.
| I signed a lease in March 2017 with a real estate management company. There is an annual auto-renewal clause. Later that year, the real estate management company stopped doing business with the lady that owns my building. I found out when I came home to a deposit slip taped to my door with note saying this is how I will pay rent going forward. I called the real estate management company and my contact there said they were not managing any of her properties anymore and yes, I pay to the bank account shown on deposit slip.
A year and a half later, early this month, a note was left on my door from my upstairs neighbor telling me to call landlady. I, wanting a paper trail for all communication, left a note on the neighbor's door advising of my email address and phone number for text purposes. I assumed she didn't see my May rent payment, so I sent a photo of my money order stub and deposit receipt by email to the landlady's daughter. I had previously dealt with her regarding a maintenance concern so I had her email. No response. So I figured that was it.
A couple days ago I received a hand written letter in mail, no return address and nearly illegible, telling me she "doesn't have email or text". I need to pay her personal bank account not the bank account I had been previously paying without issue (though no new bank account info was provided). Also, the rent is going up, effective immediately. She asked I call her.
Today I call her, and I ask for her return address. She refuses to provide. Then she began to complain about how long it took me to call before reiterating the letter she sent. I again asked for return address. She refused. I reminded her I have a lease. She exclaimed "not with me! You will pay my account the new amount or you will leave!" I told her I would seek legal advice and be in touch, before hanging up.
I called legal aid of eastern Missouri. I was advised when management moved from the real estate management company to her company, she was entitled to draft a new lease for me to sign. But, until she produces a new lease, the current lease is still in play. I was advised to continue paying according to lease and into the same account I have been. They found her address and told me to send a letter stating until there is a new lease, I will follow old. I know the address is good because I searched her phone number, turns out to be a landline at the address legal aid provided. I intend to send certified, return receipt.
Legal aid said to call back if/when she responds and especially so if she attempts to evict.
Is there anything more I can do?
Topic:
Landlord Tenant Housing
| No one here is going to have better advice than the lawyer you already talked to. |
Are there really places in the United States where it is legal to buy a degree from a diploma mill and use it on a resume?
| I had never heard of this before today and it's blowing my mind. The extent of my knowledge on the subject is more or less limited to what I read in [the wikipedia article](https://en.wikipedia.org/wiki/Diploma_mills_in_the_United_States) right now. It says that some states have taken measures against degree mills, but that kinda implies that some states have not.
Is this something that people can actually take advantage of? Is it all a big scam? If so, are there legal consequences for the people running these degree mills?
If I go out and purchase an unaccredited degree today where the only requirement is to write some trivial background info on myself, can I start signing my name as "iamabadideaama, PhD"? Can I state on a job application that I have a bachelor's from Bullshit University or wherever I got it? I also see mention of exemptions for religious institutions. So is it somehow more legal if I get my degree in theology from Bullshit University of Christ the Light?
Before you tell me, I do realize that it's probably pretty easy for employers to check whether the degree is from an accredited school or not. I am just surprised that "not accredited" can apparently mean "literally just sells custom degrees to whoever wants one" in some places. Is it a terrible idea (in terms of legality-- I'm not worried about being popular) to try this and document/publish my experience with it? For any state-specific laws, I'm in Louisiana, although I wouldn't mind hearing about other places if there's anything especially interesting to be said. Thanks!
| Use of honorifics is not legally regulated except for monitoring of professional practice (medical boards, Bar associations). You're free to call yourself as a Ph.D. without any degree at all. Nothing makes lying on a resume illegal.
So obviously you can truthfully say you have a piece of silly paper from a diploma mill. |
Can an officer write me a ticket after the fact?
| This happened a few days ago in Michigan. I was coming home, and turned onto the "main" road I live on (I actually live off a smaller road, with a nice community on it). I live in a "country" area.
When I turned onto this road, I noticed some people standing off to the side of the road, so I slowed down-probably to around 30. I started to go around them, and sped back up to the speed limit (50). I noticed there was a cop with this group of people, but thought nothing of it, and went home. I don't have a garage.
I was at home for about 30 minutes when I heard a knock at my door. I answered it, and it was the police officer. I stepped outside to talk, and he told me he was writing me a ticket for speeding on that road. I asked what he meant, because I definitely wasn't speeding. He said I accelerated around that group of people, and I didn't exercise caution. I accelerated after I was mostly past them, to get back up to speed, which I explained to him.
He explained that an animal had been hit, and probably by someone speeding, and since there are no posted speed limit signs people need to drive the speed they think is safe. I stated that I drove 50 down that road, because it was a "country" road and it was the same speed as the rest of the roads around the area that do have posted signs. He said he was still writing me a ticket, and that those people wanted him to.
Can he legally do this? He didn't get my license plate information when I passed them, he didn't have a speed gun, and he didn't come to my house until about a half hour after the fact. I feel weird that he went and hunted down my car to knock on my door to do this. If I had a garage, he never would have found out where I lived and this wouldn't have happened.
I can pay the ticket, and I will definitely be more careful around people, but I feel like this is illegal of him to do?
| Yes he can write it after the fact, it's perfectly legal.Answer #2: I think it is safe to say every citation is written after the crime has occurred |
(X-post r/Parenting) I think my mother (68/f) is molesting my sister's infant daughter (1/f). What legal action can I take?
| [deleted]
| Everything you described here can generally be explained by legit reasons.
>The doctor chalked it up to a milk allergy. In my opinion, this doesn't just happen to small children.
Fortunately, nobody needs to worry about your opinion regarding this matter, because a licensed medical doctor's diagnosis holds great weight.
But what can your sister do? Quit allowing a suspected child molester to mind her children. Cut her loose. |
Returning an item I already got a refund for?
| I just bought a couple things in person at a store with my debit card. I was charged more than I thought for one of the items, and went back. It turns out the item I had bought costed double the others, because it was a special edition, although the price was not advertised.
Because I had just been there, the person gave me a full refund for the item, and I have the refund receipt so I'm pretty sure it went through. However, the person didn't ask for the item back, and I forgot to give it back. I'm going to be out of the area soon and I also don't think I should give something back if they didn't ask for it (plus they didn't even advertise the correct price). I had given them my email for promo reasons and the sales person just emailed me asking me if I was around because they forgot to get it from me. Am I legally obligated to return this? The item cost ~250$.
EDIT: location is Los Angeles.
| Bring it back. |
[Utah] Police found weed in car while driving in Utah. Given citation. Clean record. What can I do and what can I expect?
| We had legally bought a couple joints and some edibles in Colorado. We consumed it in CO, not in Utah. When we were stopped in Utah, it had been 24 hours since we used. I didn't really realize how draconian laws are in Utah, and since I am not a habitual smoker, it didn't even occur to me to really stash the weed somewhere secure. I felt very stupid when we got caught. This is what happened:
My friend was driving. She gets very nervous around police and freaked out when she noticed she was passing a sheriff's car. She was not speeding, but did what I thought was an awkward lane change to get out of the passing lane, and positioned herself in front of the sheriff's car. Sure enough, their lights turn on and we get stopped. Police said they stopped us for failing to remain in one lane (honestly, I don't think that actually happened. My friend used her turn signal...maybe she did the lane change a bit slowly, but that's about it).
I was pretty confident nothing would happen, because we were not under the influence and all of the weed was out of sight. Unfortunately, I made one mistake. The night before, I had left the wrapper of one of the edibles on the dashboard. It didn't occur to me to throw it away as we were being stopped because I didn't even realize it was there. The cop must have seen it when he came to the window. He said "There is Marijuana inside the car isn't there?" I stared blankly. He then said "You know how I know?" Then he stuck his hand through the window and grabbed the empty wrapper. Unfortunately, when asked if there was more marijuana in the car, my friend said "just the leftovers from the night before", referring to the rest of the weed cookies, and told the cops where it was when they asked.
They made it sound like they thought she was high (she wasn't). They then asked if there were more drugs inside the car, and also said "honesty is the best thing you can do". I said "just the marijuana". They then said "we're gonna search the car". I was caught off-guard and wanted to say no, but felt like I couldn't decline at that point. I don't recall giving clear consent..at best I went...."uhhhhh, ok?". But I did step out of the car when they asked. They searched the car and found the rest of the weed cookies, and two pre-rolled joints we had bought, along with the receipt of the purchase. They did not arrest us. They did not field sobriety test us. They told us to get back in the car and wait. They came back and gave us a citation of marijuana possession and drug paraphernelia. My friend, who was driving also had included in the citation "failure to stay in one lane" but this was marked as a "warning" with no infraction given. They also mentioned the bottle of wine we had in the car was illegal because it was brought across state lines (I did not realize this was illegal), but gave us a pass on it, as they said it was a very hefty fine. The cop was like "so you call the court next week or we'll issue a warrant. It's just a class B misdemeanor, at least it's not a class A or felony. You'll pay a fine".
My questions are:
1. What can I expect on my first day of court? I should plead not guilty just to preserve my options correct?
2. Will they offer a plea on the first day, or is that typically reserved for the second court date?
3. I should probably take a plea deal right? Not go to trial.
4. Should I get a lawyer, or will a public defendant suffice?
5. Can my friend be charged with a DUI as well, or get drug tested? Even though the police did not cite us with a DUI?
6. Can our driver's licenses get suspended even without a conviction?
7. What are the typical plea deal conditions for first offenders? Is there a chance the case gets dropped completely with no consequences?
My goals in this are (in order of priority):
1. My clean record stays clean, for job prospects and licensing purposes. I am applying to EMT jobs in a couple months and medical school within a year. I can't have a misdeameanor conviction on my record.
2. My friend is not charged with a DUI (she is a nurse, and can't have that on her record or risk losing her license).
3. Our driver's licenses are not suspended
4. Eliminate or at least minimize monetary cost (e.g., fines, lawyer fees, etc.). I just moved to SLC and do not have a job yet. I'd rather do community service as an alternative.
Thanks!
| You need a criminal defense attorney. This isn't self help if you want a chance to keep your record clean. |
Is it legal to kill someone if they are harming or killing someone else in the same room?
| I want to be able to protect people but I want to do it legally.
| (No, this does not mean it's legal to murder abortion providers)Answer #2: This post almost shows premeditation, which would be illegal. You are allowed to use reasonable force to defend yourself or a 3rd party if you feel you or their life are in dangerous. You can only use enforce force to take yourself out of danger in most situations. Everything depends though. Don't go looking for trouble. Answer #3: Generally you are allowed to use reasonable force to defend yourself from harm. That includes deadly force to defend from death or serious bodily harm. It varies state to state, but most states apply the same standard to defense of others. |
Trade school I attended will not stop harassing me, even though I told them I am not interested in their assistance in finding employment?
| I will try to keep this short.
A few years back, i attended a certain for-profit school, before I knew that I shouldn't join a for-profit school. I graduated my trade program and found employment, but later quit that job and continued my education through them to get my GE courses done. I later find out that the degree I earned was basically worthless and couldn't be transferred anywhere.
Every few months now, they call me to ask me if I am still employed and if I would like assistance finding employment in my field. The first few times I said I would appreciate the help. And every time they told me to send them my resume and I heard nothing from them until they would call again and run the same script again.
Eventually I got tired of the run around and told them I don't want them to call anymore and I am working a sales job that earna more than I was in my trade anyway. After that, they started to call and email again and again more frequently to ask the same thing. Finally, I snapped and told them to stop harassing me.
So recently, they told me I needed to sign a waiver to tell them that I no longer need assistance and am continuing my education elsewhere (which i am, but I missed my enrollment period and need to wait for the fall). So I finally printed the waiver and looked it over. It says I need to provide documents to prove that I am going back tp school elsewhere and lack of interest in finding work through them does not make me eligible for the waiver.
Since I don't have the documents yet, and wobt until I go back in the fall, I feel sruck. What ib the world can I do?
| Assuming you're in the US:
The school is not just harassing you. Trade schools in the United States have to meet very specific criteria for job placement and retention in order to maintain their ability to receive FAFSA loans, etc. Losing that status is what effectively killed ITT, for example.
That said, the school does not have the right to call you forever. Most of these places are pretty small administratively, and the person calling you likely has a list of names he or she has to call and get a status on.
Explaining your situation and telling the school that you are simply not going to be a placement number may help. Also calling the school directly and speaking with someone in administration (not employment services) could get them off your back.
Lastly, if you do any work in that field privately (ie, you learned electrical work and do wiring for friends/family for some compensation) you can tell them you are self-employed. That also effectively clears you from their list (they'll probably even make you business cards).Answer #2: location? I mean, you could pay a lawyer to write them a sternly worded letter. or just filter their emails into your spam folder and use the mr number app to block their calls. |
Parent broke into house to take dog
| A friend of mine (A) mother was treating a dog (Tito) very poorly. The mother called and asked A to come check out the dog because he was very sick. A went over and saw Tito was very malnourished, and living in a cage of his surrounded by his own feces. A then asked to take the dog home and care for him, and the mother agreed and let her take him.
We’ve had Tito for a couple days now, and came home to him missing. After freaking out we came to the conclusion she had him. The mother then text saying she wanted him back. We had already spent lots of money on calcium tablets, food, vitamins and bedding to make him comfortable and hopefully get him back to health. He was already more playful and happy.
In order to get the dog they either picked the lock or climbed through the window in our apartment to get him. They do not have keys or access to get in.
Where can we go from here? It is technically the mothers dog, but should not be in her care.
Arizona
| Report her to your county animal services for animal abuse. If you have or can get pictures of what you've described, even better. I have no idea whether or not they'd release him to you because protocol will depend on the county but from my experience most places will be glad for an opportunity to keep their occupancy low. |
Is it legal to act as go-between for two people in jail or with no-contact order? (Indiana)
| A friend of mine was recently charged with domestic battery against her husband while on probation for a DUI. This violated her probation, and she's now sitting in jail for a few months until trial because she can't afford to bond out. The state also issued a no-contact order against her for her husband. Shortly after she was arrested, her husband was charged with a DUI while on probation for a domestic battery against her (can't make this stuff up.) His no-contact order was dropped before all of this happened, but otherwise his situation is the same with him being stuck in jail for a few months. She wants to write him, but she can't because inmates can't write other inmates. (She apparently doesn't mind violating the no contact order and says she's in the process of getting it dropped.) She wrote me a letter and, to get around the prohibition on inmates writing other inmates, she enclosed a 2nd letter to him and asked me to mail it to him from my address. She also asked me to do the same for him, receive letters from him and send them to her. I don't plan on doing this, but I have some questions for my general knowledge and for future reference.
I assume that she's committing invasion of privacy if I do send the letter to him, right? But am I also committing a crime by facilitating it? Also, if she does successfully get the no contact order dropped, would I be committing a crime by acting as intermediary for their letters then? If so, what crime?
Thanks.
Edit:
I want to reiterate-- I am NOT doing this. I know it's a bad idea. I'm just curious about the legality of it.
For the tl;dr version, I am really only interested in the legal answers to these questions (not ethics or advice) :
Is it illegal to contact someone on behalf of someone else who is prevented from doing so themselves because of a no contact order? I'm pretty sure it's illegal for the person with the no contact order, but is the intermediary also committing a crime?
Is it illegal to act as an intermediary between two inmates who are prevented from contacting each other directly by jail rules?
| Stay the hell out of this. This is drama you don't need. |
[MN] Was sexually assaulted at 18 by 15 year old male classmate. Charged with felony but charges were dismissed. Any hope for a normal life?
| [deleted]
| If you had been 3 months younger, you would've been charged with statutory rape instead, so it still would've affected you.
You can get this fully expunged off your record, as you received a stay of adjudication, and did not (I assume) commit any misdemeanors or felonies since this time.
Invest in a lawyer to do this, it will not be too difficult given your disposition.
http://www.mncourts.gov/Help-Topics/Criminal-Expungement.aspx
Best of luck, but this is actually a lot easier than you think. You can only have not been allowed to get it expunged if you were required to register as a sex offender. That prosecutor did you a huge favor. |
Paying a $300 ticket by mail. How will I know if it's been received?
| Basically I got a $300 ticket for MIP while on Spring Break in Florida while I live in north Georgia. I'm back in Georgia and planning on paying the ticket with cash in the mail and wasn't wanting to risk the letter being lost or just now knowing if it's been paid properly. Not sure if this is the right subreddit to ask, so sorry in advance.
| This is the right sub for your question. Before you mail that ticket in with a payment, you need to understand that you are pleading guilty to a misdemeanor. You will have a criminal record in Florida. Do you have the option of appearing in court?Answer #2: You should never ever ever pay with cash. Use a check or money order. Check is better, because you'll have access to see when the check is cashed.
If you're worried, send it with a controlled delivery method, either one that USPS offers, or use UPS or Fedex. Answer #3: Don't ever send cash in the mail, it could be lost or stolen, and is untraceable.
Get a money order (can be bought right at the post office) and send them a certified letter with return receipt so you have a record they received it. |
[NC] Inheritance from my grandfather
| I know this might make me seem greedy and heartless but I'll spare the feelings and only talk about the financial aspect of this.
My [20] widowed and decently well-off grandfather [86] has cancer and been given 3-4 months to live. He is somewhat estranged from my mom and has a much better relationship with me and formerly, with my sister [23].
My sister has a lot of problems, including an exorbantly expensive drug addiction for the past 7 years. She dropped out of school long ago and parties with unsavory characters while I've worked my ass off getting good grades and am currently working on an engineering degree from a well-known university.
Both my parents (divorced btw) kicked her out a couple years ago when she started stealing from them to fund her drug problem and my grandfather has been supporting her ever since, getting her an apartment and laying her bills and frankly I have no idea why, she has shown absolutely no gratitude to him and has already blown through an enormous amount of his money on drugs, vacations, and who knows what else and yet he still gives her money to "get her life back on track".
Anyway, I talked to him in person over the weekend when he announced his condition, and said that he was planning on leaving about $360k in investments to be split equally between me and my sister, on the condition that I continue to support her for the rest of her life.
When he told me that I stayed composed and strongly objected to his plans calmly, but inside I felt absolutely betrayed and enraged, angrier than I ever have in my life. She has already blown through tens of thousands, likely 6 figures worth of his money, while I've been working part time in high school and over the summer in college and studying hard. Granted, he sends me generous Christmas and birthday checks of $1000, but I assume he does the same for her.
I don't expect to inherit anything meaningful from either of my parents other than my grandfather's and my dad's parents' property, and I might not be getting all of that either, if they sell it, and so I'm pessimistic about my financial future.
So in other words, this is basically my life's inheritance I'm counting on, and he's only giving me half of what he has after he's wasted so much to her, so basically he's planning on giving her well over half of my money I need for my life. This isn't even accounting for the fact that if I have to "support her" she'll end up taking even more of my money after she inevitably blows through her half in a few years.
I don't really know what to ask other than what can I do in this situation? Is the whole supporting my sister condition of the money actually enforceable or will it be mine for all intents and purposes after he dies? Is there any legal action I can take to try to get more than half, if not all of it? Really I just want any advice on how I can improve my situation here.
| > said that he was planning on leaving about $360k in investments to be split equally between me and my sister, on the condition that I continue to support her for the rest of her life.
Wow, what did you do to make him hate you so badly? That's _awful_.
If he proceeds with this, I would generally recommend you disclaim your share of his estate entirely and walk away. However, with nearly $200k on the line for your share alone, speak to an estate litigation attorney before you make any decisions. It may be that the condition is not enforceable, or that his actual will changes between now and his passing.
"Counting on" an inheritance is never a good idea. Nobody owes you their money - not even dead family members. Your grandfather could well still change his mind - and leave you nothing, if he chooses.Answer #2: > half of my money I need for my life
It's not your money, whether you think that you "need" it or not. If you are uncomfortable with the conditions attached to your inheritance, you can disclaim the inheritance. |
Yes, your landlord can search your Colorado apartment for weed
| >It all points to one key message, Eppler said: Read your lease.
Half of /r/legaladvice right here. |
|
[NM] HR refused discussion of accommodations; communicated ADA info to my boss without my consent
| I work for the state of NM. 18 months ago I was granted an ADA accommodation. I filed extensive paperwork from my doctors documenting the disability and HR approved some minor accommodations to my workplace.
My health has gotten worse and, along with my doctor, I decided I needed to seek new accommodations in order to continue at my job. My doctor suggested I request a more altered work schedule, and/or the ability to work from home part of the week. Last Wednesday I made an appointment with our department's head of HR. The first thing I said (literally), when I entered his office was, "Thanks for seeing me. I need to discuss a confidential ADA-related matter with you."
I got as far as asking for a modified schedule as a possible accommodation, when the HR rep cut me off by quoting ERISA regulations and telling me no schedule accommodations were possible because they would conflict with ERISA. He was very emphatic and verbally aggressive, and refused to listen to my request. It quickly became clear I wasn't getting anywhere, so I apologized for taking up his time and left--I was out of the office in less than 10 minutes.
Yesterday I got pulled into my supervisor's office. She said the HR director had contacted her and told her of my ADA request, and that it couldn't be accommodated because of ERISA. I was so shocked at the breach of confidentiality that I just politely acknowledged the conversation and left. Of course I needed to bring my boss into the conversation at some point, but when I previously applied for an accommodation HR was explicit in telling me I needed to bring all such matters directly to them and not involve my boss in the request.
I'm very upset that the HR rep immediately contacted my supervisor, when I expressly said it was a confidential issue. This job required us to take training which covered ADA issues and it was very clear that details of ADA requests weren't to be asked, or discussed, as it would violate the privacy of the disabled worker.
Did the HR rep violate ADA and/or HIPAA by contacting my supervisor when I explicitly said the conversation was about "confidential ADA" matters? Did he violate ADA guidelines by aggressively shutting down my request for a schedule accommodation by just quoting ERISA guidelines, and repeatedly telling me my requested accommodations would not be available? (I'm not asking for opinions on whether the accommodations would have actually been considered reasonable--that's a separate issue.) I'm wondering exactly what laws, if any, have been violated here.
| Well I am fairly certain that the HR isn't covered under HIPAA unless they conveyed PHI, and even then I'm not 100% sure
The ADA does not prevent HR from telling your boss you requested accommodations.Answer #2: As employees typically do, you overshared. You don't need to disclose the medical reason you need accommodation, just that you have a disability and what accommodation your doctor says you need to perform your job. |
Drunk at my job
| Ok so i went out to lunch and have a few beers, was not totally drunk but i think one VP smell that i had some beers, can they fire me for that?? If he goes to HR and tells on me, can they legally fire me for this? Or do they need proof?? And if they try to fire me for that, what should i tell them if they pull me in the office and say they are firing me for this, just deny all of it?? Im in Texas by the way
| >If he goes to HR and tells on me
Son. Your boss doesn't "tell" on you. He reports you. He's not your classmate in kindergarten, he's the VP of the company.Answer #2: > i think one VP smell that i had some beers, can they fire me for that??
Yes, absolutely. Either for intoxication, or just for drinking in general.
> what should i tell them if they pull me in the office and say they are firing me for this, just deny all of it??
No, don't lie. That just makes things worse. Either tell the truth or don't say anything.Answer #3: Can they fire you for working while intoxicated? Yes, of course they can. I doubt any union or contact would protect you but that is the only other option of you have one.
Say whatever you want. It is legal to fire you for being intoxicated at work. You may or may not qualify for unemployment |
[Hypothetical, EU]Would requiring asylum seekers to do community service (cleaning streets of trash etc.) for their application to be considered violate the Geneva Convention or the European Convention on Human Rights?
| This is for a hypothetical discussion I've been having. I know the ECHR has provisions banning compulsory labour, but I also know of several countries (that are signatories) where having a job or be actively looking for one is required for receiving benefits. Any help?
| Yeah probably. States have an obligation not to return people to persecution, they make sure that they are fulfilling this obligation by giving people who claim asylum hearings to determine if their claims are well founded. Requiring some unrelated task to be performed in order for people to access their right is probably not acceptable.
Generally speaking "receiving benefits" is not a right that people have, it's a policy decision made by governments, and it can be conditional. |
Erotic content that I recorded and hold copyright is being used on online to make money. [CA]
| I am a photographer and a videographer and I provide a service for nude/erotic content as well. There are several pricing tiers (e.g. personal where I own the copyright and they have access for personal use, I own copyright and they hold the right to monetize online, they own copyright, etc). There are contracts that precisely reflect these.
This couple got the personal tier which only allows them to use it for their own personal use however I've discovered that it hasn't been true at all. Several of the videos that I recorded of them are being used online (both for sale on manyvids and monetized on popular free websites).
I've contacted them about upgrading to a different license or buying the copyright and never heard back. After the email, they have both defriended me on Facebook. The content are still up.
What is the best course of action for me? Should I contact the websites to take down the content and sue for damages? Do I need a lawyer?
| You should start by sending DMCA take-down notices to the sites that are hosting the content that is infringing your copyright(s).Answer #2: > should I contact the websites to take down the content and sue for damages?
DMCA takedown. Google it, it's easy. I'd register the copyrights first, even though legally they already exist.
> Do I need a lawyer?
Probably, and if you want to sue for *statutory* damages (which requires you register the works with copyright.gov) then you absolutely do. |
My S.O was hit by a car (CA) is there a way we could file a claim even if he was at fault?
| My S.O was hit by a car this morning while riding his bike to work. He was riding on the sidewalk and was waiting for the car to go, but the driver was waiting for whatever reason. My S.O then decided to cross and thats when the vehicle hit him. He flew onto the drivers hood and injured his shoulder badly. When the police and paramedics showed up to the scene they informed him that he was at fault because he was not following traffic. However, the driver should have seen him if my SO was in front of him, right? I need some advice to see what we can do because he probably won't be able to work for a bit. We just had our first son 2 weeks ago and I've been staying at home to tend to him and my S.O is the only one who works in our home.
| First: many insurance policies cover damage regardless of fault. Your health insurance would likely cover him. Your auto policy *might* cover him since it's a vehicular accident. You'll only know by asking.
If you want to gain recompense from a person or policy *other* than your own, you can only do so if they have fault. If your SO is truly and completely at fault, you've got no one else to recover from. |
Photographer Issue (Not Getting Photos After Six Months)
| Hello All,
My wife and I were married in November of 2018 and had a wonderful wedding. Our photographer showed up on time and took a great number of photographs and the day with off without a hitch. A few days after the wedding the photographer sent us five photos that served as a "sneak peek" and thats the last and only photos we have received. Since then I have messaged her countless times and have received little to no response, in January she said she mailed the photos out on a USB Drive and when I pressed her for a tracking number she said she didn't have one. I gave her the benefit of the doubt and waited a few months (we had terrible weather in Michigan and I assumed issues with the post office). However, in March when I messaged her again telling her I didn't receive any mail she agreed to meet up with me to physically hand me the photos, we set up a place and a day but she ghosted me on the day of when I attempted to set up a time. She has blocked my wife on Facebook and she has deleted her social media, website, and Instagram. I know I probably have a decent case for breach of contract, however, we have unfortunately misplaced the contract that we received ( I know rookie mistake, we moved a month before we got married). I am wondering what my legal remedy would be without a contract (if any), I have saved all communication and have the PayPal invoice that shows I paid her. Thank you for any advice!
| You can sue her in small claims court for the photos or the deposit/money you have paid her to date in the hopes she would be willing to get you the photos. |
[Oakland, CA] One week ago I signed a lease on an apartment and now the landlord is backing out because his partners want to sell the house.
| Not sure what to do. He was supposed to drop off the keys to me yesterday, and instead texted me that he would be returning my deposit because his partners had decided to sell the house and they are now in escrow. I mentioned legal action, which I cannot afford, and he didn't care and told me not to threaten him. On Tuesday I will now be homeless with an entire apartment worth of stuff with no plave to go. What is my best option here?
| Read your lease. I want you to specifically look for language about the landlord and what happens if they are unable to deliver the premises to you. |
Hall for wedding reception creates one issue right after another for big day.
| I'm located in Ontario, Canada.
I got married on November 24th of this year and although everything was beautiful the venue for the reception was causing one issue after another.
We booked the hall in October 2017 and were given a price list. Then in October 2018 we were given a brand new price list which resulted in being more.
We wanted wine for our guests and since they would not let us use their in house wine as table wine we had to get other wine. However we were not allowed to purchase it ourselves so they went to the LCBO and purchased it. The price their includes the tax. They then turned around and sold us the bottles of wine for use as table wine. When doing so they charged us a 14.2% tax/bottle and then a $7/bottle corking fee plus 13% tax.
Then the day before the wedding we get to the hall and find it decorated for a Christmas party happening on November 26. We asked if the decorations where coming down only to be told no. it wasn't until the bridesmaids negotiated with the hall manager that the red decorations could come down as long as they do it and they come back the next day to put them back up. So up the ladder the ladies went taking down Christmas decorations. The hall manager then decided that they don't have to come back the following day as she doesn't want to have to come in to open the hall and she'll just deal with it.
The big question is should those decorations have even been up in the first place? And should non hall staff been going up ladders to take down the decorations?
Then the day of the wedding. We had the hall until 12:00AM / midnight. Unfortunately the hall manager decided to take it upon herself to start taking down tables at 10:30pm which resulted in the remaining 30 guests leaving a lot faster.
So not sure if this manager had any right to do what she did or if I'm just becoming a grumpy old man. Any and all thoughts are welcome.
| What does your initial signed contract say? Breakdown of tables is quote common before the end of an event. I know for our wedding the facility started breaking down tables around 9 pm- we still were dancing around midnight.
​
Venues are entitled to charge whatever they feel right for alcohol. I would go over your contract with a fine tooth comb to see if there is anything about decor, liquor surcharges or early table breakdown.
​
I wish you luck! |
Bought goods off of an American website, website failed to mention import tax fees in shipping costs, got billed with surprise invoice. Whose responsibility is it
| I live in the UK, I bought £36 worth of goods off an American website during a sale. At checkout it charges $10.40 for international shipping, I payed for the goods and shipping and receive them after a few business days, fast forward to a week later and I receive an invoice from shipping for £19.33, which I believe Is unfair because it doesn't mention that these fees may apply on their website or anywhere during checkout so I infer that these are included in the shipping cost mentioned above. Whose responsibility is it to pay for this invoice. Thanks in advance for the reply
Topic:
Non-US
| It's yours. Those are taxes and duties charged by your government on imported goods and will be charged whenever you order something from another country.Answer #2: >Whose responsibility is it to pay for this invoice.
The responsibility is yours. It is your responsibility to know the laws of your country and the taxes and fees when it comes to importing things. Not every American company is going to know UK laws dealing with import duties and taxes |
Would this be considered money laundering?
| If someone picked up money made through illegal activity and delivered it, would this be illegal? No transactions involved, just taking the money from person A to person B.
Alabama, USA
Topic:
Criminal Law
| It would not be money laundering. However, it would almost certainly amount to aiding and abetting, conspiracy, and a slew of other charges. |
[MA] Husband says he wants to split up. Can he kick me out of our house?
| Hi all. First time posting, and on a mobile, please be kind.
So I will spare you all of the backstory and get to the point. My husband says he wants to end our relationship. He also says he wants me out of the house. He has made these threats before, they usually come when he has done something wrong and I am upset with him.
Last time he wanted to kick me out I let him know that I would not be leaving our house as all of my belongings are there and it did not seem fair. He told me that since he is the only one on the deed I had no legal rights to the house and to GTFO. I again said that all of my stuff is in that house and I would not be leaving without it. He told me to get on the phone and get a U Haul, to be out by the end of the day. When we cooled off we were able to talk things out. But I am afraid that this is where we are heading and want to know my rights.
Facts and questions:
- I am not on the deed, he purchased the house with the help of my "gift" (sadly my credit was not good at time of purchase) While he did put most of the money down I definitely helped.
- I contribute every paycheck towards the mortgage.
-I have done a little research and sites say that although I am not on the deed that it is our marital house. Is this true?
- In normal eviction cases I believe there needs to be 30 day notice. Am I allowed to ask for 30 days to move my belongings?
- All boils down to the question. Can he kick me out???
| [No, he cannot](https://malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter208/Section34B). The only exception would be if he was able to get a domestic violence restraining order; which would prevent you from coming into contact with him - obviously meaning you couldn't stay together. The only other way is a court order during the divorce proceeding.
>M.G.L. ch. 208 § 34B "Order to vacate marital home". Answer #2: [This link](http://www.divorcenet.com/resources/divorce/marital-property-division/massachusetts-divorce-dividing) has some interesting information: "*a house owned by one spouse alone can become marital property if both spouses pay the mortgage or other expenses, or contribute to significant improvements*.". Bottom line is, even though you're not on the deed, you will be entitled to at least a portion of the house. I don't know how that will affect things if he tries to evict you, but at minimum he would have to go through the eviction process, which probably wouldn't do him any favors with the judge in charge of the divorce proceedings.
I would highly suggest you get yourself an attorney now and start planning for your very contentious divorce. I foresee you having trouble coming to an agreement about equitable distribution of all the marital assets and debts, and you need to make sure you protect yourself now and get as prepared as possible.Answer #3: Very very helpful. Thank you guys!!! Will be in contact with a lawyer. |
(California) medical marijuana card + owning a firearm
| Here’s a question - my (live-in) boyfriend has a medical marijuana card. I want to own a firearm and keep it in the house. Is that legal? Is he able to go to a range with me and shoot it for recreational purposes? This may be a silly question but you’d be surprised at how little info there is about this! I live in California. Thanks!
| Federal law is the problem. Guns + drugs together have sentencing enhancements, they should never be in the same place. This is the same reason the dispensaries couldn't have armed security, despite all the cash on hand. |
Fiancé wants me to bring son back
| Earlier this month my fiancé and I got into a pretty big fight and she told me to leave and I told her I wasn't leaving without our two and a half year old son. She said fine and I wrote up a paper stating where I was taking my son and that it'd be for 3-4 weeks or until she could get better transportation and we both signed and dated it. Fast forward to Now and it's only been two weeks and she's saying if I don't bring him back she's getting a ride from her friend to come get him. I need to know what legal standing I have and what rights I have.
Here's a little back story/info: I'm disabled and draw disability and have stayed at home with our son since the day he's been born. My fiancé works 40+ hours a week and is off two maybe 3 days at most. She is bipolar and has had a few mental breakdowns one of which she pulled a knife on me and I had to call the police and she was admitted for 72 hour psych eval. She was released under the assumption she was going to get help immediately. She hasn't seemed help or taken any of the medicine they prescribed her so her issues haven't gotten any better. She's constantly yelling and screaming my son and I and saying hurtful things and honestly I don't feel comfortable with the idea of her having him without me being there.
Now She insists that I bring him back and that she can handle him, and she wants to have primary custody. She says she can afford to pay rent, pay for everything he needs, and pay for day care/child care(which is what I've been taking care of by being home with him for 2.5 years)
My biggest concern is she's going to be constantly screaming and yelling at him like she's already doing except I won't be there to stop her or take the brunt of it, and that she'll find a babysitter that isnt fit or a good choice just stick him with them because they're cheap and he'll overall be suffering at home and at day care. And she hasn't gotten a reliable vehicle that could even meet me at a halfway point between us.
Should I bring him back to her, or what do you think I should do? I've spoken to a lawyer who suggested I write up the paper stating where I was going to take him and for how long. Please can anyone help. Thank you in advance.
Also all three of us are residents in Tennessee but my son and I are currently in NC/SC with my family which She agreed to.
Topic:
Custody Divorce and Family
| >I've spoken to a lawyer who suggested I write up the paper stating where I was going to take him and for how long.
Did you hire this lawyer?
If you are named as the father on your child's birth certificate, you are entitled to keep your son, at least until you file for custody. And filing for custody is your immediate next step.
If you didn't hire the lawyer you referred to in your post, you need to hire one now. Any lawyer you hire will likely file a motion with the court, asking that temporary legal custody of your child be granted to you while the custody issue is being worked out. |
My wife being sexually harassed at my workplace, what can I do?
| I work for a medical practice that has multiple physicians rendering service. One of which is a chiropractor (the company owner's brother), whom I have a good working relationship with (my role is IT). My wife got into an accident some time ago and has been receiving care from this chiropractor, but in her last visit, she told me he got a bit too handsy with her and touched her inappropriately on her butt while adjusting her. She didn't quite know how to react because she wasn't sure if it was necessary for him to make a particular adjustment work or not. What options do we have? Also, if more info is needed I am happy to provide it.
Edit: Forgot to include location. I'm in Florida.
| *You* can't do anything.
If your wife chooses to do something about the matter, she can. It's not clear from your narrative whether she works there. If she does, she can report this to HR. Otherwise, her recourse is:
1. To complain to the management.
2. To file a complaint with the medical board.
3. To sue for damages, if any(unlikely)
4. To report the matter to the police. |
[UTAH] Can someone be terminated because the police visit them at work?
| Hey guys,
So, backstory: In 2010 my sister (then 19) illegally parked her car in a church parking lot and received a parking ticket while she was gone. The car is registered in my mother's name, not my sister's, so technically the citation went to my mother, but my sister never told her, and ignored the ticket.
A few months later, the court 'served' my mother with a court summons at our house. She was not home, and my brother (then 18) signed for the summons and just put them on the counter, never telling my mother.
My parents went through a divorce that same month, and my mother never saw the summons, never found out about the ticket or anything.
Now today she called me because the police came to her workplace (she works in an office building) and she was called down to the front desk. (She told me) they gave her the option of going with them right then to jail, or to pay her $300 ticket. She didn't have the money, but made a post-payment for Friday, and they let her go.
She went back to her office floor, and her boss was there and told her it was time for her to go home. She asked if she could retrieve her purse and keys from her desk, and he escorted her back to her desk, then asked her to leave 'for the day'.
She is now worried she doesn't have a job, as this supervisor won't return her calls from today (although he might just be busy, this all happened 3 hours ago).
In Utah, can you be fired for something like that? She says he muttered about it being 'embarrassing for the company', and she doesn't know what to do.
Any advice?
| My advice is: Your mother should get a new family. |
Can my landlord make me sign every page of a 100 page lease? [Seattle, WA]
| They asked me to sign my lease online. It was over 100 pages of documents, but only about 30 pages were the lease, then there were several addendums, a voter registration form, instructions on how to get rid of mold, etc. All the documents that our city and state requires to be included with a lease.
Some of the addendums didn't apply to me, though, and some were filled out incorrectly, so I asked for a physical copy to sign. The property manager hemmed and hawed and said they could get me a physical copy but I'd have to sign each of the 100 pages or my lease would be invalid.
From a contract standpoint this is obviously bogus, but I'm guessing they can still require me to do this (sign every page including instruction sheets, etc) if it's their policy? Is there any way to make them treat this rationally or not if I want to live there?
Topic:
Landlord Tenant Housing
| Your landlord is entitled to ask you to sign / initial / draw a flower on each and every page of the lease. And not choose not to execute or perform on the lease themselves unless you do.
Obviously you can negotiate with them. You can't force them to do differently. And in Seattle a landlord approaching things with *extreme caution* is perfectly reasonable. |
Munchhausen syndrome by proxy (Oklahoma)
| Hello, I have a question about Munchhausen syndrome by proxy. Growing up my mother would always make my brother and I go see psychologists and make up symptoms for us to get put on medication that she would then occasionally sell. She would also tell me what to say if the doctors asked me about anything to do with things such as ADD or depression. I am currently trying to get a job as an Air Traffic Controller, a career I've spent the last 8 years working towards (through the military.) I was straight forward with the FAA doctors and explained to them the situation, but they tell me I am pending medical disqualification due to many of the things found in my records form when I was a child. Is there any protection for me since it was fictitious and against my will?
| That's not Munchhausen. That's your mother being a drug dealer.
You would need to demonstrate this to the FAA. Answer #2: Has your mother ever had a documented psychiatric diagnosis of munchausen by proxy? It's exceedingly rare, and if she actually had it, she would have been making you take the drugs, not selling them.
Go to a doctor of your own and get a complete workup and review of your old records. You're going to have to pay out of pocket for this. Then have the doctor write a letter for you with the findings.Answer #3: I do not know about ATC medical qualifications.
But, as a pilot, I know that for complicated pilot medical questions, there is one authority: I am not going to name him specifically, because we do not make specific referrals here. But, if you head over to /r/flying, he will well known.
In the pilot community, he has a reputation for not only being the absolute best authority on the matter, but also surprisingly responsive for a guy who is the go to guy for pretty much everyone for complicated medical issues.
But, again, I do not know if his expertise would apply to ATC medical disqualifications. |
WA: My rapist comes to my work, and it causes me emotional harm.
| TL:DR at the end, plus my questions.
So, he raped me back in 2009, so the statute of limitations has expired from my knowledge. We were really young when it happened. I was 13. My mother had me convinced I wasn't really raped because that was the kind of mother she was back then.
After middle school we went to different high schools, and I thought "oh cool, I won't ever have to deal with him again." But alas, he's back.
I work at a big blue box store.
About a year ago I actually sold him cigarettes, I could no longer recognize someone who occasionally haunts my dreams because his face is so poc marked from doing meth.
Now about a month ago I am at the customer service desk, and he strolls up wanting to return something. I look up and he says "how have you been?" And smirked at me in a way that said "yeah, I know I am causing you harm" so I stammered out "I'm going to go get my manager" let her know of the situation and ran to the back room and I wouldn't come out until he left the store.
Today, he was in my store trying to steal stuff. AP said he was twitching like a tweaker, and that he wouldnt stand still because he was over heating. He was eventually deterred and said he "left his wallet at home" and would be back for his basket. We totalled up his basket, and it was well over $400 of stuff he was planning on stealing.
So I let AP know that the guy makes me extremely uncomfortable. They told me they can't ban him until he actually steals something, or if I can get a restraining order.
TL:DR man who raped me in 2009 shows up to my store, causes me great mental anguish, and tries to steal from my store. He cannot be banned until he actually steals something, or I get a restraining order.
My questions, can I actually get a restraining order even though the statute of limitations has past? Is it true that consultations with lawyers are usually free? I really need advice. I am scared to go to work.
| How old are you now?
According to this,the statute of limitations for child rape is 3 years..
http://app.leg.wa.gov/rcw/default.aspx?cite=4.16.340
BUT..the statute is tolled until the child is 18. So..if you were 13 in 2009 and turned 18 in 2015,the statute of limitations has NOT expired.
So I would consult a lawyer and possibly the police.Answer #2: Go to the police and report everything: the rape, your age at the time, and his current harassment of you. I don't know whether you are correct about the statute of limitations, but there may be exceptions to it. Even if the police cannot charge him with anything at present, they can still connect you with victim's services.
You may be able to get an order of protection /restraining order. Victim's services can point you in the right direction.
I'm so sorry you were hurt, and that no one stood up for you. It's not too late to get the help you deserve. Answer #3: Consultations are generally free, but even if they aren't for whatever reason in your area you're talking less than $50.
You can get a Temporary order any time you fear for your safety. Whether or not it sticks and turns into a permanent protective order depends.
Stores can refuse service to anyone for any (non discriminatory) reason. They can refuse him service and trespass him from the property, but they won't due to some policy or other.Answer #4: I'm sorry that happened to you. Are you sure it's past the statute of limitations? Looks like there's exceptions for rape. You might fit into those exceptions. Even if you don't, you'll need to report that as the reason for your wanting to get a restraining order. |
Employer retroactively "prorating" hourly wages when employees work overtime.
| This is not my employer, I work for a neighboring company. This is at an Amazon Delivery Station. All the companies here are shady and they all have their ways of perpetrating wage theft on the delivery personal. This one made me chuckle though, it seems absurd. This cant be legal??
California
Topic:
Employment Law
| Unless they are salary, then they should file a [wage and hour complaint](https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm). You can't change someone's hourly rate without prior notice.Answer #2: So I worked on a similar case as a law clerk in an employment firm. Defendant was a contractor that delivered for Amazon in several states. None were CA, but this is under a federal law, so it's going to be the same, unless CA has an applicable state law that is contrary.
It is perfectly ok to pay a weekly rate, so long as that rate is not less than the minimum wage. It is often listed on the paystub as a fluctuating hourly rate, but what it's called on the stub is less important that how it actually gets paid out. Many will often include "bonuses," which adjust the rate. The effect of the "bonus" is one situation where what it's called, not how it functions, is the key, but that is different from the base pay above.
Also, these workers likely fall under the motor carrier exemption to the FLSA, and would generally not be entitled to OT pay, although the status of these drivers is not settled in the caselaw nationwide and varies some between circuits as it's still a fairly new industry.
Further complicating things, is that many of the drivers themselves are independent contractors, not employees under the meaning of the FLSA. This isn't universal, and many contractors are mischaracterized and are indeed employees. This status is dependent on several factors, and there is some minor variation between circuits, although the differences are not great (largely turning upon the weight that circuit gives to each of the individual factors).
**TL/DR:** This may or may not be entirely legal, depending upon several factors. |
16 year old girlfriend is pregnant
| Ok so my 16 year old girlfriend is pregnant in the state of Iowa I would like to know what kind of supplemental help she can get what rights she has now as an "adult" like what she can and can't do now without her parents permission and what are my rights as the father?
| Unrelated to the issue at hand (or maybe related) if you are truly 16 years old, for the love of god delete the nude photos right now.Answer #2: There are no "additional rights" she has just because she has a kid.
She still needs to obey her parents and figure out how to take care of a kid at 16.
Are you the father?Answer #3: You have no rights until a baby is born. After she gives birth you should take a DNA test to make sure it's your child. Then you can go to court and assert your rights. You will have rights to visitation and to pay child support. Newborn visitation is short and usually at the mother's house or a agreed upon place. Newborns eat every two hours so the court won't take the baby from Mom for very long if at all. But as the child gets older you will get longer visitation. After the baby is weaned you can get overnights.Answer #4: Courts can give permission for minors to marry without parental consent. Since you are not married you don't have parental rights until the child is born and you get a paternity test or she names you as the father on the birth certificate.
You will definitely need a family lawyer to help you navigate this. Best of luck. |
Large chunk of glass found in ice cream
| I was at a restaurant in my hometown known for its ice cream. Halfway through my sundae, I took a bite and felt this huge chunk of what I initially thought was ice, but then I realized it wasn't cold enough to be ice. I spit it out and it was a huge chunk of glass that had been buried in the ice cream.
I called the waiter over and he said something along the lines of, "Oh sorry, sometimes things are dropped and break in the kitchen and when the ice cream tubs are open things can fly in". Ok...
Can I sue for this? This is in Connecticut.
| No, you can't sue. You weren't hurt. You have no damages to recover. You can report the restaurant to the health department.Answer #2: For?
A new sundae? How much did you already eat? You'd likely be better going for a cone/scoop.
Demand a banana split, settle for a waffle bowl and sprinkles. Answer #3: Complain to the restaurant, get a new ice cream. Problem solved! |
Mentally challenged 15 year old strangles 4 year old
| A friend's of mine was at one of those indoor trampoline parks this weekend and out of no where a 15 year old boy who is mentally challenged and on a field trip with a home he is in begins to grab her 4 year old daughter by the throat and choke her. Luckily within moments the parent realized and struggled to remove the 15 year year olds hand from her daughter's throat. Obviously a very emotionally charged moment. The young girl was taken by ambulance and was luckily ok. The police and paramedics said 2 more inches to the left and she was dead.
The question is who could be legally responsible for this? The trampoline park? The home for not supervising their charges close enough? The police have said there is basically no criminal charges to be filed.
In addition the police have stated that the trampoline place has had incidences before.
The mother has run into dead ends so far as what to do. This seems like a civil matter. Her desire is the kids in the home for challenged kids shouldn't be allowed to socialize with such young children at this place of business which gets into the ADA probably.
Does anyone have any experience with this or advice as to the next step?
She is in Massachusetts
Edit: so home is in reference to a group home where the kids are sent and then watched by "qualified" supervision. In my experience these supervision are young people outnumbered by their charges by 1 to 10 who generally have very little control over their groups
| His parents or guardian. |
[US, NJ] Friend's landlord doesn't seem to know how laws work. Showing up whenever he wants, goes through mail, rewrites contract, etc.
| My gf's sister rents in Garfield, NJ. The landlord thinks it's perfectly fine to show up whenever he wants and walks around the apartment, moving furniture, unplugging things from the outlets (saying it wastes electricity), and snoops around. He also peeks through the windows, goes into bushes to look through side windows, and has been caught multiple times watching through the window when he things no one is home after he's been caught going into the apartment unannounced. Next up, he goes through her mail. He's been caught 3+ times going through her mailbox and taking things out saying "It's junk mail"... His wife called and yelled at us for yelling at him not to go through the mail and she said "He's just old school". And finally, my favorite, he sent her a new a contract with whiteout over the part that says she was entitled to one parking space when she first signed the lease. She had a one year contract but after she complained about the unannounced visits, he retaliated by sending her an updated contract with whiteout. She never signed this new contract but he believes it's enforceable. The only reason I'm seeking help is because she just received a cease and desist letter from the landlords lawyer saying she can't have her boyfriend over because he is believed to live there, even though he doesn't, and a few other complaints he has against her, mainly as a retaliation because she called the inspector when she found out the fire alarm and monoxide detectors weren't working so the landlord put plastic bags over them and put electrical tape over 90% of her outlets.
I know it's very illegal to go through someone's mail and to let yourself into a tenants apartment without their knowledge or a heads up. I also know it's not legal to just change a contract whenever it suits you. But I lack the legal vocabulary to discuss these issues with the landlord or his lawyer. She can't afford a lawyer so I'd like to at least know some of the laws that he is breaking and what it's called. Thank you for any help!
Topic:
Landlord Tenant Housing
| > His wife called and yelled at us for yelling at him not to go through the mail and she said "He's just old school".
Tell his wife the next time he does it, he can tell a federal jury about how old school he is. [This site may help you find the resources you need.](http://www.njto.org/)Answer #2: [This handbook has some helpful information for her](http://www.lsnjlaw.org/publications/pages/manuals/tenantsrights.pdf).
The landlord showing up whenever he wants and snooping around is violating what's known as the "covenant of quiet enjoyment". If he enters the apartment without permission or proper notice, that's tresspassing.
Ultimately, though, it doesn't sound like the landlord is going to stop just because she says to. So she needs to decide what she wants to accomplish here.Answer #3: Next time she catches him peeping, call the police. It's possible he could end up on a sex offender registry. Is it possible to get a lock for the mailbox? Afaik, stealing someone else's mail is a federal crime. You should definitely report him (presumably to the post office or a postal inspector??, though I'm not sure).
Perhaps make it clear to him that if she finds someone in her apt. without permission she will assume they are there for nefarious purposes and shoot.
TL;DR: Document everything and start calling the police every time he does this shit. Also, see if it's possible to get a key for the mailbox (you may need to give a copy to the postal carrier/post office). |
[CA] Years ago I agreed to buy a car stereo from an acquaintance for a combination of cash and bitcoins, I paid the cash part but then lost contact with him. Now he is chasing me and demanding I give him the exact number of bitcoins we agreed on years ago.
| Years ago I was introduced to a guy who was happy to sell me a car stereo for a combination of cash and bitcoins which I used to be into back then. Sadly I lost interest and sold them all but at the time I struck a deal to pay the guy mostly in cash and a small (back then) number of bitcoins - about 15 of them. To be honest, he was only interested in the cash and I threw in the bitcoins as a gimmick so while I got the stereo and paid him the cash for it we never got around to sending him the bitcoins before we lost contact.
Fast-forward to last week and I happen to run into the guy again and we have a brief conversation. Seemed friendly enough except a couple of days later I get a phone call from him (he had somehow gotten my number) and in a much darker tone reminded me I still owed him the bitcoins and he wanted them - all 15 of them - ASAP. Of course I don't have any since I lost interest way before the price of them skyrocketed. I tried to explain that to him but he wasn't having it and continued to insist that "a deal's a deal" and how I got them wasn't his problem. I tried offering him $50 and then $100 which was way more than their cash value at the time but he was absolutely insistent that I needed to pay him the exact amount of bitcoin we agreed on at the time. He claimed that the law was on his side and that if I refused to pay he would talk to some of his "friends" who would make sure I did. I don't believe that was intended as a physical threat as he had mentioned earlier in the conversation that one of his friends was a lawyer.
So I need advice. Does he have a case and could he force me to pay him 15 bitcoins which I don't currently have? I definitely don't have the money to buy them for him at current prices but at the same time I don't have the money to afford a legal defense or lawyer.
| The statute of limitations has most likely run out. Also, no court anywhere is going to make you pay $80,000 for a car stereo. That's just ridiculous.
|
Banned from Warhammer Store/Club, Refusing to Refund Purchased Merchandise [CA]
| [removed]
| How did your miniatures lose value? They should be worth the same whether you are allowed in the store or not.
(And it seems as if trespassing you from the store was appropriate. I commend them for taking care of their employees.) |
If batman was real what crimes would he be committing in his fight against crime?
| What state is Gotham city in?
Generally though,
- Assault
- Battery
- Causing public disturbances
- tonnes of traffic laws
- tonnes of FAA regulations
- Possession of explosives and weapons charges
- Destruction of public property
- False imprisonment
- Code violations (Bat Cave)
- Child endangerment (Robin(s))
Might be quicker to list crimes he hasn't committed... |
|
Police show up with two angry men accusing my brother of stealing I-phone, were trying to enter home. Afraid of vigilantism. Need help how to get sheriff to be accountable/protect home.
| A cop and two men knocked on my door and straight away began accusing my brother of stealing their I phone. They were saying find my iphone showed my house. Cop seemed to know suspects, since incident reportedly happened mere hours before at restaurant they were at. My brother repeatedly told them that this wasn't possible and that no one was at that restaurant. But the officer kept trying to find a way to come in and kept accusing, acting as if find my Iphone is the hand of God telling him who took it. When I asked for officer's name and complained about the disturbance he did the whole dismissive/angry "Want my badge too? A phone number to call??" The two men seriously looked like they were going to come back. I am now afraid, mainly because my mother mainly lives alone in this home and she is old and speaks little English. What are my rights here? Are the Police obligated in any way to make sure that the two men do not seek vigilante justice? That their officer's hostile behavior could enable this behavior? I need to know what to tell the Sheriff to make sure he takes action. This happened in Texas, which is another reason why I don't feel I'm too paranoid thinking the two men (don't judge me, but they were rednecks) will show up again and perhaps with firearms.
| No the police are not obligated to do anything to protect you or your home.
You can file a complaint about the officers conduct. You can call the police if anyone shows up at the houseAnswer #2: Tell them to listen to the podcast "Reply All," episode #53, "In the Desert." This couple had multiple people come to their house accusing them of something similar. It turned out that the address service used by "find my phone" was messed up in their area, and sparse wifi coverage resulted in phones being mistakenly "located" at this house.
Then again, these vigilantes don't sound like the types that enjoy reasoning or podcasts. |
Do I have to return extra items mailed to me? (Canada)
| I recently ordered some boots from www.shoeme.ca
I ordered size 8.5 then realized I needed size 8 so I emailed them to send me size 8 instead. However, they ended up sending me BOTH the size 8.5 and the size 8. They politely asked me to return the size 8.5 but I am wondering, am I legally obligated to do so?
In the US isn't there a law that states that if something is mailed to you then it is legally yours, or something along that line? Is it similar in Canada?
Thanks for the advice!
EDIT: I AM returning the boots. I am just curious as to the legality of the issue.
| >In the US isn't there a law that states that if something is mailed to you then it is legally yours, or something along that line?
No
>Is it similar in Canada?
No
Stop being an asshole. |
Personal information and walmart
| This is whats going on. I bought a nerf gun for my son at Wal-Mart for Christmas. I found the same nerf gun $40 cheaper, so naturally returned it to Wal-Mart. I got a call yesterday (well voicemail) from a Wal-Mart customer who bought the nerf gun.. it gets weird here.. they said Wal-Mart put my personal information on the box and decided to use it to contact me to see if there is anything wrong with it. I am naturally paranoid with my personal information as is most people. Why would they do this? What should I do? sorry if I am in the wrong sub-reddit.. Thanks in advance
p.s. I do not frequent Wal-Mart often, it was the only place for this particular nerf gun at the moment
I am in the chicago area
| Your information is personal in nature, but is by no means private. Your full name, birth date, home address, and sometimes phone numbers are all generally a matter of public record and readily available to anyone who wants them.
It may be weird, but I don't believe it to be illegal. You can choose to answer or not answer their questions, and you can tell them to not contact you about the Nerf gun in the future. |
If you injected someone with hormones such as estrogen or testosterone without them knowing, would that be considered assault?
| You injected them? Yes |
|
Texas - Possible hell neighbor property problems incoming.... Please help!
| First off, if you clicked on this, thank you! There is a tl,dr: at the end.
So have you ever wondered why there are those hell neighbor youtube videos where some crazy lady is ripping up a fence or spraying their neighbors with a hose? Do you ever think, "wow, that sure is immature and stupid. People can't really be that nuts, right?!"
Well, I'm starting to understand. My family owns a house with a relatively large backyard and my mom is weeks away from retirement. She has spent almost a year building a small 1 room structure in the back yard. About 800 square feet maybe? She wants to use the space as an art studio to paint and stuff and later move in if she needs to, rather than go to an old folk's home.
Before building, she got all the proper permits, talked to architects (including the building company) and real estate agents about her plans, and then after all that was in place, started the process of building the structure. It is now maybe two weeks away from completion, at a cost of around $50,000 (I think). It's fairly nice.
Today, the neighbor comes by and says that there are deed restrictions from the 60s that prohibit building the structure. He's been living next door this whole time, watching the workmen come and go, and never said a word. He added that he hated looking at the structure (though it is not visible from the street and is mostly blocked by trees and a large wooden fence from his back yard) and that he would literally pay to take us to court to establish precedence to make sure the deed restriction could be enforceable (sp?). He also offered to pay for the demolition, which of course doesn't come close to covering the building costs and was basically an insult as far as I'm concerned.
My mom is devastated. Literally weeks from retirement she's dealing with this stuff over the hobbies she wanted to undertake during her retirement. She spent her savings on this thing. There isn't really that much left for legal help. So any time you give this is incredibly appreciated.
tl,dr: Built 800 sq ft structure in back yard. Supposedly violates deed restriction, but deed restriction not currently enforced by the city. Neighbor wants to sue to establish precedence. How to fight with little money?
Topic:
Real Estate law
| If she got the proper permits from the city, county, or whatever planning and/or zoning authority her property falls under, he can go pound sand.
That being said, she needs to look at her deed. If he's right, that's still going to be a drawn out legal battle on his part that will get expensive for not just her, but him as well. I think he's full of shit and bluffing. Don't let her freak out about it just yet, but get the deed info from the county register (or where ever) and see what's exactly in it.
Not a lawyer.
Edit: I don't know where in Texas you are but you might find this link helpful: http://www.houstontx.gov/planning/Neighborhood/deed_restr.html |
Can I sit in my car in parking lot of a shopping center after it has 'closed.'
| [deleted]
| It's private property you have no right to be there at all let alone if told to leave. Do you want a trespassing charge?Answer #2: > The security guard approached my car and politely asked me to leave
The security guard is the authorized representative of the property owner. He asked you leave. If you do not, they can call the local police to remove you. |
Is it legal for a 18 guy year old to hang out with a 14 year old girl as a friend?
| One of my friends just turned 14 a few weeks ago. Now my parents say we can't hang out as friends because there afraid that she's gonna want to have sex with me. Her father doesn't want me talking to her because of the same stupid reason except he thinks I want sex with her. I just don't get why being friends with a younger girl has to be so complicated.
| It's perfectly legal to hang out with someone as friends regardless of age. Legality notwithstanding, her parents' rules control, so if they want to prohibit her from seeing you, they absolutely can. |
[CA] False accusation with a side of harassment
| About two years ago, exercising poor judgment, I had a one night stand with a woman. Some alcohol was involved (think 2 or 3 drinks.)
The next morning, I drop her off to her home with her boyfriend (surprise!!) standing outside. Cue the next two weeks of constant texts and calls accusing me of sexual assault of someone impaired. I was so frightened that I went to an attorney, followed his advice and have enough text evidence and other witnesses prior to the affair to feel safe about any involvement from the police. At no point since have I spoken a single word to her in response.
I ran into her a few months ago, cue histrionic scene and my immediate departure. I am still being harassed. Are there legal steps I can take to protect myself and stop the harassment?
I am concerned about life ruining accusations now and moving forward. I am concerned about her showing up where I am. On the other hand, I am further concerned any legal steps I may take could further provoke the situation.
Thanks for any advice
| Whats the harassment? She can legally cause a scene when in your presence. You can depart, you can alert people she is causing a scene. Unless your saying she is following you in order to cause a scene, theres nothing illegal here. |
Is it legal for employers to "require a donation" as penalty for a late response? (IN)
| Is it legal, in Indiana, for your employer to charge you for not responding to something work-related even though you aren't on the clock in the first place?
Background:
I work for a fairly small, locally owned customer-service business/company. Company has a newsletter that they "require" employees to read & respond to within 4 days (typically posted on a Thursday and employees have to respond by Tuesday). However, because some employees do not respond in a timely manner, company is introducing a policy that if employees miss X number of timely responses they are required to pay $5 to company (for a company gathering fund). Typically, I am not on the clock when I read and respond to this newsletter (due to my shift schedule) and the company does not ask/require its employees to read and respond during their working hours.
Let me know if there are more details needed!
| read up on the 1929 fair labor standards act .
My first guess would be no. They aren’t allowed to “
Fine you” which is what they are doing. Especially off the clock or even if you were on the clock. If you’re a sub contractor there may be a different rule but if you’re hourly. They cannot force you to pay anything. |
[Georgia] Charged with simple battery for slapping husband, what to expect in court?
| This past weekend my husband and I had a loud, wine-fueled argument. I slapped him in the face, he left the room, and I threw a bowl against the wall. I then went to bed. The neighbors in the next apartment heard the arguing and called the police when they heard the bowl. The police officers spoke to us separately and I was terrified it sounded worse than it was. I told the police officers that I slapped my husband. I was arrested and charged with simple battery. My husband paid my bail the next day and I was given a date for state court.
My question: what to expect in court? I am so worried and confused. I am already seeking counseling for anger management. My record was spotless before this (not even a parking ticket) and I have never been violent before. (My husband never has either.) The police told me that, when we go to court, my husband can tell the judge he doesn't want to press charges, and then we'll just be able to go. Is that true -- would the judge just drop the charges? Do I need a lawyer for this? Will I be expected to make a plea?
Thank you for any help you can give.
| You should plead not guilty and hire a lawyer.
The prosecutor might take your husband's wishes into consideration, but I certainly wouldn't count on it. |
LGBT Adoption in New Mexico. Lawyer threatening to sue and have partner thrown in jail.
| Long story short, birth mother and partner want the partner to legally adopt child. Birth father 100% supportive. Began adoption process in NM. Lawyer said should only cost between 2-3k. Now near 10K in cost and no further developments until recently. Birth mother and partner moved out of state for work. Now lawyer demanded 2k, and said court date set for next week. Lawyer is threatening to sue for extra 2k and if it is not paid, partner will be sent to jail. How is this even possible?
| In the USA there is not such thing as debtors prison.Answer #2: Shouldn't even have cost that. Are mother and partner married? My quick view leads me to believe they would need to be married for partner to adopt. Answer #3: >and said court date set for next week
They can say all the want, what do the court documents and summons say?
You can't go to jail for a debt.Answer #4: Sounds pretty sketchy, probably a scam. You can't be thrown in jail for any kind of debt |
I just found out my apartment complex is in foreclosure and being bought out, but they've been collecting payments and pocketing them. What can I do?
| I have ~3 months left on my lease, but since they're in foreclosure doesn't that mean I can receive an eviction notice at any moment? Should I keep paying? I'm located in Florida.
| Nothing. You pay until you have documents saying to pay someone else. Your lease goes with the apartment unless your lease says otherwise. |
TX USA - Middle School Teacher and liability in collecting cell phones.
| So, i teach at a 7-8 school of about 900 kids. The current administration policy is that if a kid has a phone visible for any reason that's not academic (the teacher didn't request it) we're supposed to label it with the kid's name, and at our earliest convenience, walk it up to the front office. The problem being that sometimes that earliest convenience is hours later, so I have a cell phone that's not mine sitting in a locked part of my desk all day.
Questions: What's my personal liability for collecting that phone, especially if it were to get stolen out of my desk before I turned it in?
If a parent really pushed out $15 phone retrieval fee that the school puts in place, would it stand up?
What's the best way to handle this situation, outside of taking zero possession of something like this?
| The [teachers union](https://tcta.org/node/12059) has an FAQ about confiscation, not sure who wrote that so take it as you will.
It's charging the retrieval fee that sounds the most dodgy to me though. Taking a kids phone away as a punishment and returning it later is one thing, depriving them of their property and not returning it until they pay a fee is another thing entirely.Answer #2: My school leaves it up to the teacher's discretion what to do about phones in class. A colleague gave me a great idea -- envelopes. If a kid misbehaves with a phone, have them put a phone in an envelope and seal it. They can't get it back in your class without drawing your attention (by ripping the envelope) and if you want to be a hardass (I do) put a sticker on the envelope with something about cell phone infraction and points off and make them get a parental signature.
I don't have to touch the phone. The kids can use their phone again the second the bell rings. The parents are notified without me having to make calls. And I get a nice record of who is routinely having phone problems.
There's only one problem. I told my kids about this policy, and not a single kid this year has needed an envelope. A friendly, "Hey, put that phone away or you get an envelope!" once every few weeks keeps them in line just fine.
So far this idea has spread to about 15 of the teachers in my school. |
Driving with suspended license in VA
| As the title says, I was driving w/ a suspended license, I was actually not even driving when we got pulled over, but was seen driving the vehicle about 30mins before we got pulled over.
Git of the story:
I was driving on a suspended license (got a speeding ticket in WV and forgot to pay it), police vehicle turned around towards us. I parked at a fast food, we ate, when we left, my wife drove the vehicle. We get pulled over (the vehicle had expired tags too, digging my hole deeper...) wife provides her license. I get called out of the vehicle and 3 police officers "sortof" surround me. I get my Miranda rights (at this point i'm thinking they want me to admit I was driving) one of them tells me, "...we saw you driving the vehicle earlier before pulling into the fast-food. Why did you change drivers?" Since i have security clearances etc, I did not want to dig deeper, so I admitted to being driving the vehicle and that we swapped cause i knew my license was expired.
My wife gets a ticket for driving a vehicle w/ expired tags... I get a ticket (and summons) for driving w/ and suspended license.
The first court hearing was "continued" to this upcoming week because the officer was sick and could not appear in court. I've tried to get legal representation but every lawyer in my-neck-of-the-woods wants $1k to represent me. Normally i would be all for it BUT I'm still reeling in from the financial havoc the Government shutdown cause on my finances (I'm about to catch up my mortgage and other bills now in the month of May). I sat on some of hearings on the day mine was "continued" and I feel like i can represent myself (not asking if its legal) on this issue.
​
My question (finally) is, how can I defend myself so this is not something that stays on my record (like a wreck-less driving). FWIW, my driving record is clean. The WV ticket has been paid, my license has been reinstated already and the vehicle in question is legal now.
​
I know the politically correct answer is get legal representation, and if it boils down to that, I will ask for another continuation (due to my current financial struggles?) But I would rather get this over with buy paying whatever fine as long as it does not stay on my record permanently. I get lots of "Public trust" checks as i get added to multiple projects, and don't want this to keep me from being able to work. I'm the sole financial provider for my family.
​
Thanks in advance!.
| You absolutely need an attorney. You're looking at up to a year in jail. Have you asked for a public defender? |
[US] Friend is asking for my DOB and other personal information for a government position
| I'm not sure if this is the right place to ask this, but I haven't found any information pertaining to this particular situation.
An ex-housemate has accepted a job with the government and claimed that he needs to provide them a list of everyone he has ever lived with and he needs my full name, date of birth, place of birth, and current address. What is the legality behind this? Am I required to give this information? After a few days of not answering, he claimed that he met with his background investigator and that they will not hire him if I don't provide the information he has asked for. I feel like this is sketchy at best and I am not comfortable giving this information, no less to the government.
Has anybody dealt with this and can anybody give me a clear answer on the legalities of not providing information? Is this illegal for an employer to ask for this kind of information?
Thanks
EDIT: I know that the government already has my information, I was just curious on the part about him not being able to get the job if I didn't provide him what he was asking for.
Topic:
Background Checks and Expungements
| Pro-tip: The government already has your information.
Don't be a dick, help him out.Answer #2: This is a normal part of the US Gov security clearance process. You are not obligated to give it to him. He will not be denied a clearance because of this. Answer #3: This is likely needed for an SF86. This is the form for clearances with the government. You don't have to provide it, but if you think the government doesn't already have it, you are crazy.Answer #4: Sounds like an SF-86 background check. They're common for people who need a security clearance. Just give them the damn info so your friend can get the job. |
I'm not sure how much trouble I am in with my university (21, Male, Virginia)
| Today I received a case filed against me from my public universities judiciary system at about noon on 10/17/14. I found out that an complaint was filed against on 10/16/14 for "Abusive Conduct" and "Disorderly Conduct/Conduct Infringing on the Rights of Others". Basically, what happened was that on 10/04/14, I got blackout drunk in my dorm room, and had an fight (and apparently also threatened) with one of my roommates (he may have been drunk also). The next morning, I didn't really remember what the fight was about or how we got into it, but I saw that we didn't have any visible wounds (black eye, busted lip, etc.) and that the police were never called. We didn't really talk much after that, but he never really said anything to me since. And while I was working today (10/17/14), I saw that the complaint had been filed against me on 10/16/14. The email also said that I had 72 hours to schedule an initial conference to discuss what happened and they would pick an appopriate punishment. I went in to the office at about 3:00 the same day and met with a woman from our judicial system. I got a little emotional and mentioned that how if I was kicked out of university, that I didn't really have a place to stay or any family or friends to turn too (this is true). She seemed really nice and approachable and we scheduled a meeting for Monday at 3:00 to talk about the pending case and the punishment I would recieve. She also told me that my roommates "felt unsafe" around me and that I had to move into a different room in the same building. I was polite throughout the whole meeting and finished moving that same day (10/17/14). She also mentioned that I was to have no contact with either roommate.However, I was really confused about how my roommate felt "so threatened" but didn't file the complaint into 12 days later. Also, I really don't understand why the other roommate "felt unsafe" since he wasn't there (from my fragment memories from the night, it was just two our friends and one of their girlfriends, they may have broken the fight up?) and we never talk more than casual greetings. I don't know if I should mention that I was blackout drunk since that basically makes his story the more credible one. Also, I was drinking alcohol in my room, and alcohol is forbidden in our dorms, so I don't know how to go about saying that and potentially getting myself into deeper shit. I honestly have no idea how public universities punish things like this but the lady at the schools judicial system told me that students usually don't get expelled for things like this (but she also said that the didnt know about the case that deeply) but when I accidently asked her again she said it was a case by case thing. I really need advice on what to do since I don't want to get kicked out of my school during my senior year, and I have no idea how universities handle cases like this since it is my first time with an case filed against me. Please help, thanks guys!
| > Also, I really don't understand why the other roommate "felt unsafe" since he wasn't there (from my fragment memories from the night, it was just two our friends and one of their girlfriends, they may have broken the fight up?) and we never talk more than casual greetings.
Maybe he feels unsafe because you have a habit of getting blackout drunk and getting into fights with the people around you?
"No, don't worry Stan, it wasn't you that I assaulted, because you weren't here that time!" Not exactly reassuring.
Anyways, not legal advice but advice nonetheless, lay off the sauce.
Answer #2: You might be at that point where you need to choose between alcohol and a future.Answer #3: Ever hear the phrase "throw yourself at the mercy of the court"? That's what you need to do now. You are not a victim here. You broke some serious rules, acted in a dangerous way, and now you have to answer for it.
If you can, lawyer up. If they let you stay in the dorms, thank your lucky stars, because I saw kids kicked out for less.
And, if you're only in college and drinking enough to black out, you have a serious drinking problem, and probably need to go to rehab or at the very least a 12 step program. Black out drinking is a serious, serious, serious condition. You are going to hurt someone, and/or yourself, even kill someone. Black out drunk is no defense, either - just because you can't remember it, doesnt mean you're innocent. You need help, and you need to help yourself. A degree is less important, in my opinion, if you're abusing alcohol badly enough to black out. |
I need serious help 😭😱
| I had a slip in fall in a major store . The room I entered had water 💦 all over the floor no wet floor sign and the door wasn’t looked .. I took 2 steps and fell .,, ok so I got a lawyer .so treatment and pain. This was in 2016 . Now my Mediation is in a week ... I’m still in pain that fall messed up my life .my back locks 🔐 just from standing over the sink too long or washing my hair . I want this to be over so I can seek treatment from a specialist for back and spine pain . My Question is . I have 35k in tax liens will the money I get for my back injury be taken to pay the federal tax liens.???????? Help
| Yes, they can take it to satisfy your tax debts. |
How could one challenge the constitutionality of Ted Cruz running for President?
| Ted Cruz was born in Canada, and so could *possibly* be forbidden from being President if it were determined he wasn't a "natural born citizen".
I'm not saying that is the case (and in any event, I think the whole ban is stupid), but it would be nice to ultimately have the Supreme Court rule on what exactly natural born citizen means.
How could a regular citizen challenge Cruz?
| [Here's a relevant Wikipedia article](http://en.wikipedia.org/wiki/Barack_Obama_presidential_eligibility_litigation) with a long list of people who lacked standing to sue in the "I think Obama is from Kenya" case.
Answer #2: Contact your senator and ask them to put it to a ballot in the Senate. [Here is John McCain's Senate resolution](https://www.govtrack.us/congress/bills/110/sres511/text) where the Senate confirmed that he was indeed a natural-born citizen. |
Just got caught vaping in a park [CA]
| Hi guys,
So I just got caught vaping in a public park on my college's property (there were multiple signs saying I couldn't do so but I absolutely forgot them as I was looking at my phone) and a security member came and basically gave me a 362$ ticket (I live in Quebec, Canada). There were almost nobody around and I don't feel like I have bothered anyone.
I don't want to have to pay for this as I don't have a lot of money, is there anything I can do to get out of this situation ?
I am 18yo if that can help.
| You did something that was illegal, and posted as such. I'm not even glancingly familiar with Canadian law, but I'd bet you're going to have to pay that ticket. "I was engrossed in my phone" isn't a very convincing legal defense. |
Paycheck amount sent over email?
| My paycheck was not deposited on Friday. My boss sent an email to HR. They replayed with how much my check is. Is HR allowed to post that?
| Yes I get pay stubs emailed to me all the time |
Just got served and sued for Pain and Suffering. {NJ}
| Earlier today I was served some papers and being notified that I am being sued for Pain and Suffering by the Plaintiff who I happened to rear ended him in a traffic accident about two years ago. The Stature of Limitation was gonna expired less than a week. I still remember the accident vividly. I remembered the airbags in my car was deployed, I filed a claim with my own insurance to get it fixed. I was issued a summons for careless driving. On the police report it clearly stated that no injuries were reported. That guy drove off in his car, I remember there was hardly any visible damage to his bumper, I don't think he ever filed a claim with my insurance to get his car fixed or anything, cause my insurance company never notify me that anyone filed a claim against me. I am intending to notify my insurance company tomorrow about the civil summons. Is there anything else I need to be aware of or inform my insurance company? This is the first time that I am getting sued and I am at lost and no idea what to do next. Please help
| Just call your insurance. They will tell you what they need.Answer #2: Injuries often don't crop up until days after an accident due to adrenaline masking problems.
Contact your insurance asap |
Mother in law is threatening to destroy wife's deceased fathers belongings
| Hello /r/legaladvice,
We are in CA.
My wife got into a fight with her mother about a month ago, and tonight, my wife asked her mother if she could get her things that were left to her from her father who passed away when she was a child. They are all at MIL house.
MIL responded by saying that she will burn all of the things left for her, and mail her the box of ashes.
Normally id figure that this was an empty threat just to piss off my wife, but after I talked to my wife further, she said that MIL has done things in this caliber of insane before. Such as smashing all of her shot glass collection that she had collected from travelling after a previous fight.
I'm not sure what legal right we have to these things. Would we be able to have the police come with us to pick up these items? My wife has never lived at this house with her, so I don't think that will work.
I'm fearing that there is nothing that we can do about it.
| Were the things left to her via a will? And do you have a copy of the will? |
Can an animal commit assault (not battery)
| If I possess an animal (say a chimp) and I train it to charge at people in an angry fashion so I can film it for my Youtube "prank" channel has my chimp committed a crime? Have I?
| You would have committed a crime.
An animal cannot form the needed mental state for criminal culpability. |
new job left personal, sensitive info for everyone to see
| so pretty much as the title states. I have started a new job at a small, local bank (small bank operational on only three states). the job is in TX. I only wanted something part-time to get me out of the house for a few hours each week. I was asked to come in for an orientation, which involved myself and an assistant branch manager filling out forms during a conference call with their HR. one of the forms we filled out was the I-9 employment verification form. we got one of the items wrong and needed to redo it. once the form was correct, we printed, signed and it was supposed to be sent in a sealed envelope to HR. this was on Tuesday.
The orientation was done in a small, glass wall office - most of the time the door is propped open, there is chair right outside for customers waiting for help to sit in. Other than the glass door, there is no other security measures as far as entering the office goes. On Saturday, at the end of my shift, while getting my things around - my new employee folder and purse - I noticed my I-9 form laid out on the office desk. It caught my eye because it had my name on it. This form was filled out with all my info - SSN, A-1 number (green card number), date of issue & expiration birth day, address and other personal info. I grabbed the form, stuffed it in my purse and left.
Later that day, I texted the branch manager to say that I was quitting the job. She immediately called me and I explained to her why I was quitting -there are some other issues, but nothing that I could not work through, no job is perfect and there is periods of adjustments, but the tipping point is the fact that such sensitive, personal info was laid out for all to see. she asked if we could talk about it and if I would reconsider - I tentatively agreed, but I'm still very uneasy....I concerned about the ID theft issues - there are three other people working in the branch and I have only known them for three days. what should I do?
| You have no damages. There is nothing you can do. |
[TX] Wondering what the laws are for apartment temperature while pregnant?
| Nothing exciting and no trees here, sorry. Our AC sucks ass and there have been several days that it’s been over 90F inside the apartment because the unit can only get around 20 below the outside temp, and it’s been over 110 all week. It’s bad enough that my husband and I are having trouble sleeping because every night when we go to bed it’s 85+ and three fans help but it’s still hot air getting pushed around. We were talking to a contractor friend and he said our best option is those meshy sunscreens on the windows. Mostly asking if there are different considerations since I’m pregnant so I can try to ask the complex to pay for the screens. I tried googling a bunch of different phrases but I think I just don’t know enough to search the right things lol. Really appreciate anyone that can point me in the right direction!
| There are no temperature specific requirements. Depending on what the lease says about the amenities provided they may have to ensure that the amenities are working in good order, but I doubt there is any way you could force them to pay for screens to try and lower the temp further.
* Edit - meant to but forgot to note in my initial reply that while there are no requirements at the state or federal level there might be some locality rules that would need to be investigated.Answer #2: There are no laws that have to do with your pregnancy—it’s not different from other medical conditions people in apartments might have. There may be laws about the temperature parameters in general. Where are you?Answer #3: Does the complex provide A/C or do you? Answer #4: I suggest you spend $300-400 on a high-BTU window unit. You can get a portable one and move it from the living room to the bedroom at night. |
Neighbor is possibly killing my dad's trees with oil and/or diesel.
| This is Ontario, Canada before I forget.
I come over every week or so to help my elderly father maintain his property. He has some large white pines towards the back of his property that the new neighbors that back on his property are complaining about. Apparently they are really "obstructing" their view of the nearby lake and have tried to get my father to cut them down. He has refused because he likes the trees and there is no actual need such as for safety.
For the last little while the trees started looking off. I thought I was imagining it at first but then they really did look like they were dying. So I went to dig up part of the root to see if I could find any nematodes in case it was pine wilt and not a needle disease. When I did start digging I found that the some of the soil was coming up black and thick in places, a lot like [this](http://rdoenvironmental.com/images/enviro/P4290201.png). I dug around some of the other pines and it the soil seemed more like this towards the new neighbors house. There was also what I think was a sulfur smell coming off of it so I'm fairly positive it is diesel oil of some sort.
My dad has a gasoline powered truck and the only people nearby that have diesel vehicles are the neighbor on his right that he is very close friends with, and the new complaining neighbors. The new neighbors have an old Peterbilt the guy uses for work so chances are pretty north of reasonable to think they've been dumping oil to kill the trees.
I set up a trail cam and hid it best I could but I'm pretty sure they saw me digging so I doubt they'll be back anytime soon to incriminate themselves. I've never dealt with anything like this before so what can I do to help my dad legally? I'm sorry if I didn't do everything I should have but I've never been in a position like this before and I don't want to just go off and do something that could cause us trouble and make us entirely liable for the cleanup if it's actually diesel.
| Definitely get a tree specialist out ASAP. If the trees are large and otherwise healthy you might be able to save them. |
Truancy Court Advice
| Okay, so I have truancy court this month, and I'd really like some input on the matter. Me and my sister has been absent a lot(I will be honest and say the reason for our absences were we didn't feel like going), but my mom has always excused our absences for us.
From September to later October my mom went out of the country. My dad is an extremely busy man, and our other siblings weren't very reliable. Our source of transportation was my sister who had her license(the one who was always absent with me) and we missed a bunch a days(My sister actually missed more than me, but she had her reasons which I will get to later)
Anyway when my mom came back we also had racked up additional five unexcused absences. My total absences all together has been 29, with 17 of those absences being unexcused. My sister on the other hand was around mid thirty mark I believe, and her unexcused absences being around mid twenty mark.
You see, my mom went to me and my sisters doctor to get us a note. During our absent time period, my sister has had a few medical problems(a kidney stone, and an on and off again sinus infection) The doctor knowing about these problems wrote a note that would excuse her of all of her absences during that time. Me however, we had to try a different angle. From September to late October(where a majority of our absences accord) my sister with the medical problems was my only source of transportation. The doctor wrote me a note saying that I'd be excused from September to beginning of November because my sister in her poor health couldn't take me.(Plus we did school of choice, meaning there was no buses that came to my neighborhood)
The next day my mom went to the school and gave them the notes and talked to them. She left thinking they'd clear both of our absences, but they only excused my sisters. 3-4 weeks ago we got a note saying I'd be attending truancy court February 10.
Where do I stand legally on this?
edit: Bot informed me I need a location. I live in US, Florida
| A doctor can excuse you for medical reasons, not transportation reasons. You weren't sick.
Your parents are failing in their responsibility to provide you an education. They are leaving themselves open to interventions from child services and criminal prosecution. |
[WV] Can a police officer direct me to come to his window instead of coming to mine?
| Backstory: I was coming home late from work and my route takes me through a tiny little town with a school on the main road. Speed limit is normally 25 but they have a 15 mph speed limit when school is in. I was going the "normal" speed limit and got pulled over.
I pulled into a parking lot and waited for the officer to be able to present my documentation to him. After about 2 minutes I noticed he still hadn't gotten out of his vehicle and had his hand out the window motioning to me. I rolled my window down and he announced on the loudspeaker for me to come to him.
I thought it odd but did so. It turns out the officer is morbidly obese and didn't want to get out in the heat.
I don't have an issue with the ticket itself since there was no school today and I can argue that the ticket is invalid since there were no children present but I just wanted to check if that is something that he could legally direct me to do. I don't want to get him in any kind of trouble and he seemed a nice enough guy, just trying to satisfy my curiosity since I have never encountered this before.
Thank you.
| Well that's an interesting one. At the legal level, yes he does have that authority. On a traffic stop police can tell you to exit your car for any reason. In this case he broke every officer safety rule in the book when it comes to traffic stops except maybe standing in the middle of the road at night wearing dark clothing. Any supervisor with their salt would be all over his shit for doing that.Answer #2: Ordering you to approach his car was sloppy, lazy, and dangerous, but not illegal. |
I'm a consultant, and I'm going to sue a client who refuses to pay - but I don't have their address. How can I find it?
| I'm a freelance tech consultant/engineer. I worked a few weeks with a client, being paid weekly. I live in San Diego, and the company is in San Fran. But the last week, he said he'll pay after we "go over some things". He ended up unhappy with the work, with me, with everything, and saying he wont pay a dime. (which is more about his tech company going down in flames from poor business sense and no tech knowledge, but that's another story). He can't do this, right? So I'm suing for the total owed, damages, and court costs. Any comments, suggestions, questions? NEED ADVICE
| Do you have a written agreement with this client? You'd be entitled to sue for the amount he owes for your services, but what damages are you referring to? |
Is it legal for someone to blackmail me with my nudes?
| I'm 16 and I live in Texas. I go to a private school where I can get kicked out for "Biblical Immoralities" and the kid (15) is threatening to spread my nudes around school and literally send our school and church administrator emails with cops of them. He said this will happen if I don't pay him $500. But I dont have that kind of money. Is what he doing illegal?
| No, that is not legal, and blackmail is the least of the issues here. It sounds like you produced CP and distributed it, and he has possession of said CP and it threatening to distribute it. |
(USA/CA) My cousin (mid 20's) wants me (18yrs old) to be her third party to serve her future ex husband's divorce papers.
| Hello, so basically TLDR of their relationship: he's been taking her money and they only got married because she had to, and now she wants a divorce. Nobody knows where this guy lives or where his location is at, nor do we have any forms of contact with him.
This is what my cousin texted me (names have been changed):
"So I'm getting a divorce from Tucker, Nuna's boyfriend. The court requires that the other party, him, gets served with the divorce paper by a third party. He'll have 30 days to respond. If not, I'm divorced by default. There are several options to serve, but the most feasible one is that a person delivers those papers to him, since his location is unknown. Can you be my server person? You don't have to deliver anything, or do anything at all. You'll just have to conform on a short notice that you did, which I can complete on my own. It's most likely that they'll never contact you to verify it. I asked other experienced people and they said that it never happened. But even if they did, you'll be able to tell when and where you give it to him. Remember that that is very unlikely. And again, you can say no to this. No pressure at all... I can't bear the thought of being free after 30 days from tomorrow..."
I really want to help my cousin out, but at the same time I also want to cover my ass. I'm 18 and still in college, so if there's any fines from this, I really won't be able to pay anything. Plus I don't know shit about divorce laws, or much about laws in general. My cousin is also not a US citizen but I am, so if she gets deported (please no), I don't really want to get in trouble for anything too.
Please help, what should I do?
Topic:
Custody Divorce and Family
| She is asking you to commit a possible crime. Tell her to pay a process server to do it.
> Can you be my server person? You don't have to deliver anything,
DANGER! DANGER Will Robinson!
|
[CA] Our underage, minor-son has recently "made" over $100,000 in crypto-investments. Is there a way we can legally acquire "his" money?
| [deleted]
| InB4 it is obvious that this is the kid looking to protect himself from his parents. Answer #2: First, shame on you for lending a substantial sum of money to your minor child who presumably lives with you. That's a one-sided deal that carries with it an unfair emotional burden that you should shield your child from, not foist upon him.
Second, the kid made the money. You can diminish the accomplishment by putting quotes around it but at the end of the day he did something with a highly speculative investment that paid off. Whether that was because of intelligence, luck, or because he's too young to not chase every wild idea is immaterial. The fact that he didn't spend a summer making cotton candy and wiping down sticky soda fountains doesn't make the accomplishment any less.
The law presumes that minors cannot enter into contracts because they're vulnerable and lack foresight. I suspect that you didn't bother creating a promissory note or any kind of recorded instrument showing that he intended to repay you. I similarly suspect you didn't establish a revolving lien on his business' holdings. I am **guessing** this kid isn't anywhere near 17, either, and is actually near 13-15 based on how you're writing about him. Tell the kid you're going through financial hardship and would like to be repaid. **Insist** on him filing taxes now so that it doesn't ruin his life. If he doesn't agree, tell him you'll report him to the IRS because you're not going to be able to afford to absorb the tax burden and he cannot hold onto cryptocurrencies that are highly volatile without eliminating risks as they emerge. |
One of my uncles passed away recently. Another uncle had him sign a will giving him everything 12 hours before he passed. My mother is upset that hes trying to keep her in the dark.
| I will try to keep this as short as possible while giving as much detail as possible. My uncle (I'll call him A) passed away at the end of March in Ohio. My other uncle/ his brother (I'll call him B) drafted a will and had him sign it 12 hours before he passed. It was witnessed by two people. The will simply stated that uncle B would be the sole beneficiary of everything and estate. Uncle B now wants my mother to sign a waiver of notice of probate of will. My mother is uneasy about this situation since uncle B is now being pushy and agressive about having her sign it. Uncle A probably doesn't have much in the way of money. He owns a home, retired from the state, and maybe has life insurance. I have a few questions about how to help her moving forward.
1. What is a waiver of notice of probate of will?
2. Is there a reason uncle B would be so adamant about her signing?
3. What will happen if she does or doesn't sign it?
4. What rights does my mother have?
Topic:
Wills Trusts and Estates
| In general a waiver of notice of probate is a routine document that allows an estate to be opened without a formal hearing before a judge in open court, which can take months to schedule and obviously involves more time and effort by attorneys. However, if you have doubts about the validity of the will or any document presented to you, don't sign anything and contact an estate attorney for advice.Answer #2: Mom should consult a trusts and estate attorney. Was A of sound mind 12 hours before he passed?
It’s quite possible he wasn’t and B is trying to railroad your mother Answer #3: This smacks of bad. Do not let her sign the waiver until she's spoken to an estate attorney in the jurisdiction that Uncle A lived in. Waiting on probate will give her attorney time to look into challenging the last minute will if he feels there are grounds.
1. waiver of probate gives Uncle A a chance to start passing out money (to himself) without going before a judge first.
2. He wants all the money he just stole right away!
3. Eventually a probate hearing will be held and Uncle B will either be given permission to proceed, or not, depending on what's raised at that hearing.
4. She has all of the rights any other sibling of a deceased person has, including the right to ask the court to determine if that will is valid.
I'm assuming Uncle A has no surviving children or parents? Was there an old will that would take effect if the new one is thrown out? |
Received a Job Offer for "Personal Business Assistant"
| Hi there guys, I have been looking for some jobs on Kijiji, and applied to a "Sales Associate Position" which supposedly got taken. I was offered by the guy for a personal business assistant position.
Here is how the email goes:
Email 1: http://pastebin.com/8tnWsnpN
Email 2: http://pastebin.com/0fhwehK5
I got two checks, one is $1920, and the other is $1980. The guy hasn't contacted me, and his email account is disabled. Also no phone calls...What do I do with these checks?
| *bang head against wall*
I don't even have to look at the emails to tell you this is a scam.
Shred the checks and look for a real job. Answer #2: I don't know what the angle is, but my Scam-O-Meter ^^TM is redlined.
The odds that this is legit seem pretty slim. I would not do anything with the checks at all and continue looking for gainful employment elsewhere. |
I got called in for questioning?
| [deleted]
| Your best bet here is to just not acknowledge it any further. Don't go without an attorney present. In fact, don't go at all. |
Possibly caught doing cocaine on camera in the apartment lounge.
| Long story short, I let some friends stay for the night about a week ago. We went out to the bars downstairs my apartment building. Picked up some girls to take back to my apartment. I let them stay in the private lounge upstairs while I went ahead and straightened things in the apt. Unfortunately my brothers puppy had an accident and upon cleaning the mess I overflooded the restroom. So instead of going to my place, we chilled in the lounge. One of my friends busted out some cocaine, and as a drunken idiot, I didn’t protest how I should have. We went to one of the areas where I thought there wasn’t cameras and we did lines in there. We cleaned up after ourselves when we left, but I suspect there were more cameras than I thought in there.
Fast forward to today and my brother got a phonecall from the apt manager asking for a meeting with him and me for tomorrow which didn’t sound very good. I have no problem taking responsibility, but since my brothers name is on the lease, if they decide to terminate the lease, he will be equally punished for something that he had little control over.
What can I do if this is the case? My idea was to say it was workout supplement cut with baby powder and not admit to doing illicit drugs as they can’t prove it wasn’t without physical evidence, thus Not violating terms of the lease.
I know what I did was idiotic, and I’m a moron, but the possibility of my brother being punished for my actions is killing me. Please help with any advice
| Don't compound a bad decision with lies. You don't have to meet with the manager at all and you probably shouldn't. |
Company bills me after each pay period. Net pay is less than minimum wage. Illinois
| I work on commission plus an hourly wage ($4.25 an hour) for a large company here in Illinois. Recently, they have had to make some cutbacks, so they changed the commission rates and payscale for all commissioned employees.
My average commission rate on items I sell has gone from 12% down to 1.5% after the last changes. Also, they have started billing us $4 an hour for every hour we go without a sale. In addition, if our commissions earned during that hour do not exceed $4, we get billed for the difference. (E.g. If I only earned $3.80 in commission during an hour, I would be billed $.20 for the hour.)
When I get my paycheck, first they deduct everything they can from my commissions earned, then they send me a bill for the remainder of the 'allowance' I've earned over the course of the last two weeks. After paying back my workplace, my check for working 60+ hours in a pay period was under $200.
Obviously, I am searching for a new job. This situation is just not working. I was just wondering how in gods name this could be legal. Throwaway because they would fire me if they saw this.
Topic:
Employment Law
| Thank you. I've been collecting all of my paystubs and making copies of every bill they sent me since they changed their policy. I just didn't know how to go about reporting this. I'll make sure to send those in with the form. Answer #2: If you didn't sign anything saying you agreed to the deduction policy, they're breaking the law. See [here](https://www.illinois.gov/idol/FAQs/Pages/Deductions-From-Pay-FAQ.aspx#faq3).
Definitely contact the DoL.Answer #3: My question mainly is whether this is just a legal, yet entirely shitty, thing to do to us or if they have broken the law. Also, if they have broken the law, do I have any recourse for getting the money they billed me for back? |
TX, Guy says he'll beat my ass up at school.
| Guy says he'll beat my ass up at school, he texted me this so I have proof. I am currently handicapped cause I broke my right wrist.
If he actually does try something, would stabbing him in the cheek be self defense.
What should I do?
(Doubt he will do anything but just in case)
| If you can plan in advance with enough specificity to know *where* you'll be stabbing this guy, I don't think you can also say you've done everything you can to avoid having to. |
Buying a Baby African grey Congo parrot from this site Noobly need advice if the transaction seems legit ?
|
So My daughter wants a parrot and we looked everywhere in stores around nothing what she wants but found this site where birds are listed too . There was an ad for a African grey parrot and it was listed as 250$ I messaged the person and he gave me his email to contact him . I asked few qs about the bird and guy told me he will give to me for 200$ and he will ship the bird from Florida as he jas moved there due to work and cant keep up with work and taking care of the parrot .and he will send the bird to us asked my name address and nearest airport info for registration to send the bird sent us cute pics of him . I asked how do I make payment he sent me to do a walmart to walmart transfer for 200$ and sent a lady's name city and state . I asked if i could use paypal but he says this is better and I dont need to worry about shipping costs he has it all handled and stuff . I am little concerned now that he is not charging shipping and wants me send money without much info dont even have a phone number .... what Do I do in this case ? Does it sound like a scam ? I mean its just 200$ but still my kids will be devastated if no bird comes after all this ... please advise ! Should I just call it off ? Or ??? Sorry if I posted this in a wrong section
| Yes, this is a scam.
Are you really, really sure you want an African Grey parrot? Super extra sure? Do you know what this entails?
Because they live to be like 70 years old. And require an incredible amount of care...Like, a level of care similar to that of a toddler.
Also they are like $3000. Answer #2: Yeah that's a pretty common bird scam. Also $250 is way way too low for an african greyAnswer #3: I'm going to say this sounds illegitimate from the title alone.
I skimmed the post, this is obviously a scam. |
[NM] My dad changed my last name on my birth certificate that my mom fought to have on before she died
| I am 15 years old and this has happened fairly recently. My dad changed the name on my birth certificate, removing a hyphen and changing my name completely. My mom wanted to have her last name be part of my name because her and my dad weren't on very good terms when I was born. He is a very controlling and emotionally abusive person. Is there anything I can do legally to contest this?
| Change it again when you turn 18Answer #2: You may have other options as well, but have you considered just continuing to tell people that your name is [old-name], and waiting 3 years, then changing it back?Answer #3: He may have legally done that, but you can still stick it to your old man by going to your high school admissions office and make sure they still have the correct spelling. That way it'll be on your diploma when you graduate. Explain it to the DMV, too, when you get your license (though if you have your permit, it might be right already). Your social security card will still reflect your correct last name, too. You'll have no problems with employment.
Yes, 3 years feels like a long time to wait but your important documents should already have your correct spelling. Keep waiting it out, and celebrate your 18th with an quick and easy name change.Answer #4: I know three years seems like an eternity, but when you do turn 18, changing your legal name to the correct one won't be too difficult. I got my papers from LegalZoom on my 18th birthday, and my real name was all official and good to go after a few months. Don't get discouraged with the waiting till then. Answer #5: Wait 3 years and change your name to whatever you want. Answer #6: How did he do this? Via legal name change with a judge's order, or by using white-out? |
[Tennessee] Drunk Driver totaled my leased car; insurance will break even on the buyout. Can I go after the driver for more?
| Short story: My car was parked outside my house, and a drunk driver slammed into it ~65mph, totaling the car. I have Gap insurance on the lease, so worst case scenario, I will break even with the dealer on the car. That leaves me with no car and no funds for a down payment on a replacement vehicle.
Do I have any case against this guy as far getting more money out of him to go towards the purchase or lease of a new car?
| > Do I have any case against this guy as far getting more money out of him to go towards the purchase or lease of a new car?
No. Your damages(car-wise) are equal to the value of the car. That's what they paid out. There are no more damages to be had.
|
(AZ) My place of work is clearly violating labor laws and I want to know what my next step is.
| I've learned my work is violating labor laws in my state (AZ) and I'm trying to find out what my next step is. The business is in food and hospitality. I work in multiple departments across the company, all food related from banquets to the restaurant. I'm part time, however work in a range of 25-60 hours a week depending on the time of year. The issues that I'm having are:
* At 6 hours on shift, they automatically take 30 minutes off for a "break". 90% of staff, everyone not in management basically, is not allowed the majority of the time to take these breaks. Company policy is that if you don't take these breaks, you are to report it to management so they can pay you, however they will either say no or say they will and don't. In the two years I've been working here, I've taken under 10 breaks and have done many 10+ hr shifts with not even 5 minute breaks. I know AZ state law says they have to give you 30 minutes fully, however management expects us to still stay in our areas and not leave and just take our break in our areas while still being required to work if needed.
* We charge an automatic 20% gratuity charge onto all checks. When I got hired on, I was supposed to get a portion of the 10% of the 20% of all charges, that was split between a few positions. They took away this pay without ever informing me. I found out about 6 months after the fact from another employee who had been made to sign paperwork to acknowledge the pay change, paperwork I was never given.
* On that note, they've done that to me again without any notification. My agreement for a recent position was 44% of the 20% gratuity charges that I make. I just checked my most recent check and I'm no longer making anything. This is a multi-hundred dollar difference (making a usually $700-$900 two week check into less that $450). Again, with no prior notification to pay change.
I will note that I have tried to talk to multiple levels of management about the pay in regards to the breaks, and I've been told time and time again that they can't go back and fix anything or prevent the 30 from being taken, and during an all staff meeting when someone asked about the breaks, they openly said they weren't going to do anything about it due to it being our corporate company that own's us's policy, and when one coworker commented that was illegal, HR lead made eye contact with her and started on the next point of the meeting, completely ignoring everyone commenting on it from there on out. I've asked every manager that I've worked under and I've literally been told to just take the hit because it's not work raising a complaint because they will ignore me straight out.
I'm ready to quit, however can't really afford to be out of work, though I've already started applying at other jobs, I've just not heard anything yet. I'm actually so angry and finding the recent pay issue out that I'm considering taking the hit regardless and not showing up tomorrow. Just thinking about going back makes me want to throw up from stress. Aside from all the money problems, my other major gripe is situations they keep putting me in that have caused major harm, such as making me bar tend in 100+ degree weather, in direct sun for 8+ hrs, asking for tents (which we keep in the other side of the building) from management and getting ignored, then getting yelled at for leaving my post to try to find one. Yeah, that was fun. I got sun poisoning. But anyways, to my major questions.
1. I've been told that due to them clearly violating labor laws, if I quit I can file for unemployment. Is this true?
2. How can I get the money they owe me and how far would it go back?
3. What's the path in reporting all this?
4. Am I allow to record on my phone, my conversation with HR without telling them?
| Arizona is a one party state, so you can record conversations you are a part of.
You should be able to file a wage claim with the industrial commision of arizona (department of labor)
I also reccomend seeing if you can get a lawyer consultation since you have a pretty solid case if you have adequate proof of these things, you may be able to get a lawyer on contingency rates (you pay them out of the winning from the court case.)
Many lawyers also have free consultations to help you know how good your case is etc. look for a labor / employment attorney.
IANAL good luck |
Can I give my vote away?
| American citizen living abroad. I will be getting an absentee ballot for the 2016 presidential election. I live in a state which is already a guaranteed victory for democrats.
What are the ramifications of letting someone else choose for me? I was thinking about recording it on video, throwing it up on youtube as a political statement of sorts. Id have a few people play a game and whoever win gets to decide who I vote for. Even have them fill in the card themselves.
To what length can I legally do this?
| Not at all. That's called fraudulent voting, and it's a felony in most jurisdictions. |
I have 4 convictions due by the end of the month. All moving violations. I am 19 years old and have 2 jobs. I can't afford to pay them off since I don't make enough. What can I do?
| I have a lawyer I hired to take care of my last case. I will need to pay her $400 and then deal with 3 other payments for the rest of my tickets. I won't have enough money to pay off all of them and I still have to do traffic school. Also my parents don't know about this. What are my options? Thanks guys.
| You should contact all of the folks you owe (the attorney, the courts, etc.) and set up a payment plan. They want to get their money, so they'll work with you to make it reasonable. I'd bet they've all dealt with this plenty of times before.Answer #2: If you can't afford the cost of the tickets you should probably stop breaking the law as well. |
Parents run late, teachers have to wait with students for hours, legal?
| I teach younger teens. Sometimes optional field trips happen on weekends. Parents get specific drop off and pick up times. After a field trip my school expects teachers to wait to leave until all students have been picked up.
Parents have been two hours late before. Is the child truly my responsibility if parents have all the information when they agreed to send the child on the field trip?
| Your alternative to staying there and looking after the child is being reported and possibly losing your teaching license, so... stay.
Stay and document how long it took, how frequently it happens, and where the parents were, and what state they arrived in. If it becomes a frequent problem and you suspect there's some neglect going on you call CPS as mandated. |
My dad wants me to leave my shotgun at home but I want to take it back with me to college (Texas)
| Hey y'all, I was wondering what legal advice you can give to me about this situation:
I bought a Mossberg 500 recently (used my parents credit card with their consent and I'm currently paying them back), signed my name on the background check and everything. I use it for hunting purposes and keep it safely locked in a case with a chamber lock on it. I want to take it to college with me so I can go hunting out at school. My apartment complex doesn't allow guns but my trusted friend can hold onto it in their apartment since it allows guns. This evening, my dad said that I would not be allowed to take it because "he doesn't want me to take it." No other reason. If I decided that I wanted to take it, could he stop me? I'm 21 years old, mentally stable, and my friend is 23 and mentally stable.
Topic:
Douche
| A gun is a big responsibility.
I know you believe your friend is mentally stable. But you don’t know all their friends.
There is a level of risk when the gun is not in your direct possession and you may not see it for days, weeks at a time.
Is there a gun club near school? That could be a more secure location. |
Please help me with my speeding ticket.
| Alright. I am an 18 year old senior in high school, still living with my parents. I am insured under them and have one prior speeding ticket. This morning, i got pulled over for doing 65 in a 50. The only suspicious thing i noticed was it took him an awfully long time to turn around and pull me over (my prior offence was 74 in a 50 and it took him twice as long this time). What are my options. I have tried to contact the patrolman but to no avail.
Location: Central South Dakota
| I don't understand what you think is suspicious. You were speeding, you were caught speeding, you were given a ticket. You have absolutely nothing here in the way of a defense. |
Buying a house but need to terminate a month to month lease with landlord and roommate
| As the title states I'm buying a home. All is well and good on that the closing date is set for 11/30. But in the mean time I need to take care of my rent obligation. I notify my landlord via text and she states she needs a written letter with 20 days notice. Okay I understand that no issue.
She also states that my roommate who cannot afford the rent on his own will need his own letter and that I am on the hook for rent until he vacates even with my letter. We had signed a 1 year lease but we've been month to month for at least half a year now. My understanding is an at will tenancy. However I'm not certain how this applies with roommates. Am I really on the hook for the rent?
(I'm not putting all my eggs in the Reddit basket but figured it wouldn't be a bad idea to ask the Internet)
Edit: the lease was signed by both me and the roommate in Washington state.
Topic:
Landlord Tenant Housing
| IANAL.It likely depends on two things. First did you rent a room or the whole place. Basically are you and your roommate both on one lease or do you have individual leases? If you have an individual lease then notice to the landlord is probably sufficient depending on the second thing. If you are both on one lease then the landlord is probably correct. Both you and your roommate will have to surrender possession for your obligation to end unless you have some provision otherwise. If you leave and your roommate stays and does not pay the rent then you'll both be evicted. When you leave either he should leave or he should find a new roommate and sign a new lease without your name on it. The second thing depends on whether you have any relevant provisions in your lease. Does your lease address one roommate moving out? If so you'd have to follow those provisions. |
[TX] How can I get rid of a lazy attorney who seems to have abandoned my case?
| In 2016 I was injured pretty badly in a car accident; the other driver was 18 years old and high at the time. My vehicle was totalled and I spent several days in the hospital. The other side accepted full responsibility for everything.
I got a new car and my bills paid, but also lost a lot of work due to recovery, PT, etc, and will have some lifelong physical impact from the accident. Seemed pretty clear I was entitled to pain and suffering, but the other insurance company maxed out on a minimal liability policy, and the driver had no assets we could pursue.
An attorney acquaintance of mine suggested I file a claim with my own insurer for underinsured motorist benefits, which I have been dutifully paying coverage on for years. "I specialize in personal injury," he said. "I do this kind of thing all day long, and would be happy to help you," he said. "This should easily be worth 50K, and it's a straight-up paperwork thing," he said. "We should be done in 3-4 months," he said.
He took a lot of info from me in the beginning, and told me he was working directly with adjusters and people from my insurer. 3-4 months later, he has given me what he called "a partial early payment" -- one check for $2K or so, which incidentally bounced the first time I tried to cash it.
One full year later from me signing my case over to him, he is just constantly dicking around on updates. I'm pretty sure he's not working on anything at all, much less my case; I went by one day for an update and he's vacated his law office. Someone else in the building reported he had had a lockout notice (failure to pay rent) on the door the month before. I know he hasn't skipped town but otherwise he's just MIA on my stuff.
I call or email weekly, and get a response maybe every 3rd or 4th time, "Yeah, I don't know what's taking so long, I'll call them again next week."
What's my recourse here? I gave him full power of attorney on my case, but he's being really negligent IMO and I can't figure out what my options are.
**tl;dr** How do I light a fire under the lazy distracted attorney who is handling what should have been an easy claim on MVA / personal injury?
| > he has given me what he called "a partial early payment" -- one check for $2K or so, which incidentally bounced the first time I tried to cash it.
This is a huge red flag in my jurisdiction. Partial Payment?
Either the case is settled and money is tendered, or it was not, especially if the *only* issue is an underinsured claim. In other words, there should not be piecemeal settlements. This really sounds like he probably already settled the case and didn't pay you, especially since a check bounced, he has moved offices without telling you, his client, and there was a lockout notice against him.
Can you check the status of the claim online with your insurance company? If not, call your personal insurance agent and ask the status of the claim. If it is still pending, then they won't talk to you since you are represented by an attorney. But if it is already settled, they should tell you.
I would also call the attorney again, and if the attorney does not answer, your message to the receptionist or your voicemail is that if you do not receive a call back from the attorney (not a paralegal or anyone else) with answers and a copy of your file within 24 hours, you are contacting the Bar to make a complaint. |
[PA] No smoking on employers property.
| The warehouse I work at is a tobacco free zone for insurance reasons of course. We are also not allowed to leave the property so basically we are not allowed to smoke at all during our 12 our shifts. Is this legal?
| Yes. You don't have a right to smoke. |
Roommate allowed to airbnb
| Hello
I have a roommate that has not stayed the night in about a month. He only shows up to airbnb the room out. Is he legally allowed to do this? Is there any way I can get rid of him? Can I put a stop to the airbnb guests? Is he still legally a tenant if he is only here to set up the airbnb room?
State:Illinois
Lease is month to month, my landlord told me to manage the room.
| What does your lease say? Does your area have any bylaws restricting rentals by time?
For example, where I live, rentals must be a minimum of 30 days unless you're a licensed hotel/motel establishment. If he's in violation of a bylaw, you could file for eviction.Answer #2: Typically leases have clauses about no subletting without permission, no guests too long, etc. I'd check yours and let your landlord know |
Broke a handrail, someone got hurt on hotel property
| I went on vacation with friends to a large hotel recently. We all became intoxicated and, being an idiot, I attempted to walk on a handrail on a stairwell. It broke and I walked away. The next day security showed up, made me pay for it, and kicked me out. They told me that after I broke it (probably about an hour or so later) some lady hurt herself on the broken handrail and that I could be in more trouble if she pursues further action. Is it true that I could potentially be in more trouble for the woman getting hurt? If so, what consequences am I facing and how do I prepare?
This happened in Wisconsin but Im from Illinois
| Yes, you could be in further trouble, but until you receive a summons there is now way of knowing whether or not you're going to be sued. |
Employee accused of embezzling at last place of employment. How do I know if this happened?
| So I went out to eat with some friends, and the conversation turned to my car getting fixed at this garage. My friend happened to know the employer and his wife. I then told them how his wife is currently employed with my company. They both were in shock. They then proceeded to tell me how this wife used to work as a colleague with my friend. She embezzled $500k over 5 years from this company. They sued her and got the money back (or most of it), but didn’t press charges, because that would just tie them up in court longer, and they wanted to be done with it. Afterwards the employers house burned down from arson, and she was suspected. Sadly they couldn’t prove it. I found out that she had spread a rumor that this employer dealt drugs, something I know is not true. I want to know if this embezzlement actually occurred? How can I go about this?
| Don't be batman trying to investigate this. If I were you I'd just part ways with this person. I'm sure you know PA is at will as an employer. Find no reason or whatever to let her go and maybe try to not make it hostile so your house doesn't get burned down. Also perhaps purchase security cameras.Answer #2: If there was an actual civil suit, there would be records at the County Courthouse. There might be an index of cases online, and perhaps a docket (a list of all the papers filed in a particular case). The full file itself might or might not still exist, depending on how long ago this was. |
FBI agent came to my house and gave his card to my brother.
| The FBI agent informed my brother that he was looking for me and he also had a copy of my drivers license with him.
He informed me when I called him that I’m in no trouble and am not being arrested but he’d like me to come in talk to him about online sales.
I spoke to my accountant and attorney and they both said that I should let my attorney do all the speaking and to take my attorney with me when I meet with him.
Does anyone have any advice?
| >I should let my attorney do all the speaking and to take my attorney with me when I meet with him.
That right there is all the advice you need. |
2nd Degree Burglary Missouri
| I’m such a fucking dumbass people got of at the university and I went dumpster diving, saw a opened dorm room I assumed they were clearing out and took a mini fridge and speaker, now facing charges for 2nd degree burglary class D felony, only other thing on my record is a littering ticket I don’t know what to do looking for lawyers Jesus Christ.
| A felony will mess up your life for a while. Definitely call lawyers. This is your only valid option.Answer #2: Get an attorney. No other advice can be given |
[Pennsylvania] Should I release my coverage limits in a personal injury lawsuit.
| Okay, I'm gonna start off by saying this is one long and confusing story so I will try my best to disclose and detail everything that happened. I'm a 19yr old college student and work 35hrs a week now I have to deal with all this added stress. I want to know if I should release my coverage limits to the other party but I want to explain my situation first.
Ok so about 4 months ago I was taking this girl on a first date at a restaurant downtown. Went very well and we left. Im driving down a one way two lane road and Im about to turn left on a green light so automatically I have a right away. Now about 30 seconds - 1 minute before I turn left a lady in front of me clips a guy walking (not in a crosswalk) and he is laying down in the middle of the road wearing black. Keep in mind I do not see any of this and she doesn't even stop right away she stops pretty far down the street. I continue my turn as normal (around 15mph) and feel a violent bump. Neither of us were on our phones and I'm sure she would have let me know if a guy was in the road. I'm instantly shocked and thought it was a piece of trash or something like that and I ask my date WTF was that. I look and my mirror and see a guy in the street and my heart drops I get out and see if hes ok (the lady pretty much just sat in her car the whole time). At first I thought It was just me that caused it but after witnesses were talking to me they said the lady hit him first. The police come they question everyone and they say the guy was at fault for being negligent towards the cars. Witnesses also said that it was his fault. I didn't report anything to my insurance company 1. because there was no damage and 2. the police didn't find me at fault so I thought I had nothing to worry about. 2 weeks later I get a claim made against me. My insurance finishes the "investigation" first and find me and the lady at 50% (the ladys insurance isn't even finished yet and its been like 4 months). But the guy only wants to sue me? If the lady initially caused it why not her? Furthermore I also don't have any assets to take from I feel like a middle aged woman would be a better target but that's just my opinion. I've never gotten hit by a car but I can't imagine being clipped at 15mph would hurt enough just to stay in the middle of the street and not move during a busy time. My aunt is a paralegal and she found some public documents relating to him and I can say he is not a good guy. My insurance company want me to release my coverage limits to him but I dont think he deserves 1 cent of anybody's money. So should I release my limits (100/300k) Im prepared to fight this because he doesn't deserve anything. Any help would be greatly appreciated
Topic:
Personal Injury
| >My aunt is a paralegal and she found some public documents relating to him and I can say he is not a good guy.
If your aunt used non-public services that she has access to via her employment, she may be at risk for termination.
The law does base liablity on whether the victim cuddles puppies and helps little old ladies cross the street.Answer #2: >My aunt is a paralegal and she found some public documents relating to him and I can say he is not a good guy.
That makes no difference.
>My insurance company want me to release my coverage limits to him but I dont think he deserves 1 cent of anybody's money.
What you think doesn't matter. It's what a court decides that does. If he sues you, he's going to get the information anyway.
>Im prepared to fight this because he doesn't deserve anything.
See, that's not really how this works. When you're sued your insurance company hires a lawyer and they largely deal with it. Your participation will be minimal.Answer #3: If he gets a personal injury attorney this is the very first question the attorney is going to ask of your insurance. We’re you covered on that date and what are your limits. |
Getting harassed by ONSTAR, need help please
| Yes, you read it right. Onstar the car service company has been harassing me. They keep sending me automated text messages saying my 2014 chevy volt is done charging, however I do not own a volt and never have. I have never owned a car with onstar and have never used their service. I called them 5 different times and have spoken to 5 different managers. They have said they are working on it,but no action as been taken. Yesterday i received over 60 text messages from them, i get them every ten minutes it seems. It comes from a different number all the time, so blocking it does no good. Can I sue them for harassment? This has been going on for over a year. It has caused me a great deal of depression and anxiety. I can not keep my phone off of silent because it constantly beeps and goes off for text messages. I am a real estate agent I have spend thousands of dollars on marketing materials that all have this number on it so i can not change my phone number it will be very costly.
2 texts i have got today so far, they pick up more towards the afternoon.
http://imgur.com/tS6aziH
The first one is at 5AM, I have had to put my phone on silent while i sleep because it has been waking me up in the middle of the night.
| Block the phone number. Keep blocking them. If unsolicited texts from a business has caused extensive depression and anxiety, you need to seek professional treatment because that is an abnormal response to a stimulus.
Also, if you really received over 60 texts in one day, I think you probably would have called more than five times. How long has this been going on? |
A family member got scammed over 50k by her "boyfriend"
| Here is some context of this as I've just found out about this recently. A family member met this guy and they've been seeing each other over a year, this dude is always traveling and pretty hard to reach. He recently deposited 300k into my family members account (it is still pending to go through) a while back and asked my family member to send them 50k due to them needing money for some sort of situation (yea pretty obvious it's a scam if you have a brain).
With that in mind, she recently came to us with this information and the bank notified her that that deposit might be a scam. So here we are, we've told her to go to the police to file a report and try to get that money back. But she still believes that her boyfriend is being truthful to her and that the money will go through and he told her that she can keep 150k of that money (too good to be true). Family members have tried to talk some sense into her but she thinks that we are jealous of her and her new found love and all the money she is getting. Another part of this is that the guy gave her his banking account so she can login to see that he does have money, but the website he gave her is a fake. She refuses to believe that the website is a fake and just keeps telling us that we are jealous and need to apologize to her.
So my question is, is there any way I can prove to her that this is a scam and since we all know this is a scam, is there any way we can help mitigate this situation. We honestly want to get this money back but she also has a very fragile mentality and we think this might push her to a breaking point of doing something stupid. I'm one of the only family members she listens to, so I want to gather as much information as possible before I talk to her and hopefully have her see that it is a scam.
I've checked the website she gave us, it's a phony site but I have no way to prove it (ofkea.com). The bank that they are posing as is real (French Bank).
Any advice will help. Thanks.
| How to convince her of something which is so obviously true is a question for psychologist. People can put up incredibly strong mental blocks which keep them from seeing the truth. If she has convinced herself that this isn't a scam and nothing will sway her, you may not be able to. She may have to learn the hard (and expensive) way. |
Court appointed therapist is forcing a friend to commit illegal activity with the threat of expulsion and jail time for non-compliance. [Arizona,US]
| [Arizona,US] I apologize for being vague, but a friend of mine is being put in danger by her therapist and her probation officer.
I fear retaliation against my friend if either one finds out.
A therapist in Arizona is forcing my friend to read a confidential victim impact statement, from a minor, out loud in a group therapy session. I do not believe the victim or her family has been informed of this, and we have no way to contact them. If she complies and reads the statement to the group, without the required permissions, she could be in violation of her probation and arrested. If she refuses to read the statement to the group, her therapy could be terminated for insubordination. That is also a violation and she could be arrested. Her probation officer has been informed, but is refusing to take any action. She has been blocked from changing therapists. She is not looking to end therapy, and wishes to comply with the requirements of her probation.
We are contacting local attorneys, and the ACLU, but there is very little time left. Any reasonable advice would be appreciated.
| Why is he supposed to read the victim impact statement? Are they actually disclosing who wrote the statement?Answer #2: What is the relationship between your friend and the victim? Was she the person who made the victim the victim? How would it be illegal to read the statement (without disclosing the name of the victim) in a confidential therapy session? If the probation officer has no problem with it, why would this hurt her probation status?
I'm sorry, but this looks more like your friend is refusing to deal with the repercussions of her acts than a misdeed by the therapist or PO. |