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Question about health laws

For obvious reasons i can t post anywhere else because coworkers use reddit. I just would like some advice. My store (retail in California) has recently found out that they are infested with a specific type of bug. My boss instead of shutting down the store is more interested in trying out homeopathic and cheap remedies than the real remedy: to shut down and tent. None of her remedies are working! And she is the owner too. She is letting us employees walk around in a infested building and get bitten. I cant afford to lose my job but the sprays and cheap chemicals we did use aren t working and this is a huge store. Legally what can i do?

2014-07-28 23:10:29

You don t say what sort of bugs and local laws may vary as to these but on the federal level this is what OSHA has to say about insects: https: www.osha.gov Publications rodents_snakes_insects.html

2014-07-29 00:15:28

Bed Bug Infestation Issues

Received a Uniform Traffic Ticket for speeding in New York the wording and process is much more complicated than anticipated would appreciate some guidance.

Hello I received a ticket for speeding in Chester NY. I assumed it would be a simple ticket with a fine and an ID so I could pay online. Instead I got a confusing legal document stating I have to plead guilty by MAIL and that A plea of guilty to this charge is equivalent to a conviction after trial. If you are convicted not only will you be liable to a penalty but in addition your license to drive and registration are subject to suspension and revocation as prescribed by law It doesn t even give me a fine amount. Has anyone had experience with this? It feels super serious and complicated for such a minor offense. I live in Boston MA by the way. Thank you

2018-02-02 14:40:40

The judge sets the fine so it can be anywhere within the range allowed by law. The range varies by speed [(they re listed here)](http: www.safeny.ny.gov spee-vt.htm). [Another easier to read version that might be correct.](https: newyorkspeedingfines.com ). Edit: In my youth I had two speeding tickets in NY. One to which I pleaded guilty and was fined somewhere in the low end of the range. The second I contested I was cited for for exceeding the posted limit (1180d) there was no posted limit so I should have been cited for 1180b (exceeding the default 55mph limit). The town justice gave me the minimum fine and told me I should be a lawyer.

2018-02-02 14:55:58

Unresolved Speeding Ticket Issue

Parents wouldn t let sister or I vote when we turned 18 can we sue?

We live in Illinois and they denied sister and I any ID or registration when we turned 18 and locked us in at home so we couldn t vote can we sue them for that and for abuses we had as children? We were unable to get away until I ran away at 19 sister who is a year older got thrown out at 19 as well. I m now 21 sister is 22. Edit: thank you all for telling me so much I just want some way to be able to get my things that parents are withholding from my sister and I some if not all of my money back that they took from parties graduations SSI from my father gifts and closure that someone cannot treat a person so awfully and be able to get away with that without having to be punished. My laptop I bought with graduation money from high school personal belongings and such are still in their possession until I get a good paying job by their terms and I just want my things and to move on.

2013-11-09 21:12:00

I don t understand what you mean by wouldn t let . You were adults. Were you held by force from the time you turned 18 until election day?

2013-11-09 21:26:43

Miscellaneous Legal Query

Restaurant won t pay invoice for delivered goods

I work for a coffee roaster and the head chef contacted us to order $600 worth of coffee for the restaurant he was starting claiming that they were serving brunch and needed coffee for it. We delivered the coffee and the invoice stayed unpaid. After various messages of the head chef where he responded I will have it paid ASAP I decided to email the restaurant the receipt. The owner of the restaurant responded Head Chef (HC) walked out after a week if you want your money contact him. When I called the restaurant the bar manager said We don t even have a coffee machine I never approved this order. To which I responded that when someone orders coffee from our coffee shop for their brunch we roast it and deliver it. The owner finally got on the phone and said Listen take this up with HC because I never confirmed or authorized any order of this amount He offered to cover some of the cost of our goods sold but that $600 was ridiculous for something he had no way to use. I said that I was owed money and if the owner needed to get it from HC to cover his cost he could do that. I explained that I m happy to take this to civil claims or report the theft to the police. He immediately started screaming at me that the police have no jurisdiction over him and that he has had 17 restaurants and not a single unpaid invoice. What is my course of action? &amp #x200B Thank you so much in advance. Edit to add: he kept screaming that if I wanted my money so bad we could sit down face to face and I could handle it like a man instead of calling his restaurant. He said to never mention the F\*\*\*ing police to him and that I obviously have nothing better going on than hounding him over $600. Obviously I don t think sitting down with him is a good idea.

2022-04-05 21:46:19

Take him to small claims court. Police will probably tell you it s a civil matter and hang up. It should be an easy case seeing the head chef was acting in an official capacity when making the order.

2022-04-05 21:53:09

Miscellaneous Legal Query

Cable company dug up yard trenching a cable messed it up had to come out multiple times. now my yard is shit.

**TL DR**: Cable company did a shit job trenching a line. I started fixing up my lawn after their damage. Their crew then came out and trampled a freshly seeded lawn causing me to need to fix the lawn again. They now need to send a crew out another time causing more damage. The local crew coordinator is refusing to pay for any lawn repair work or re-sodding the lawn. What are your thoughts on small-claims suit against the cable company? **Long story:** - cable company trenched a cable through yard 10 17 20. They placed the cable directly through the middle of the grass causing a 1 wide strip of damage through the grass. They could have ran the cable around perimeter of fence or directly through crawl space to get to other side of house. - I closed on house 10 23 20. I did not sign off on the work. The previous owners had already vacated and just pencil-whipped the signature. - Immediately I found the cable work was crap. The cable was exposed in several places and visible. Basically it was buried less than 1 below grass. I called the cable company who said they would fix it in the spring. - over the winter and into spring the grass completely died in the trench stripe and the cable continued to be exposed. So much in fact that my toddler was able to pull on the buried cable and wiggle it out in most of the length. - While waiting for the work to be done sometime in the next 8 weeks I decided to re-seed the small lawn in order to fix the indent stripe. This entails tilling up the small lawn and spreading fresh grass seed. The lawn is then quite sensitive and needs to be treated gently. - Unexpectedly quickly they sent a crew out to fix the cable drop. It was the same knuckleheads that did the job the first time and admitted they shouldn t have trenched it through the middle of the grass nor should they have trenched it so shallow. They began digging a new trench along the fence perimeter tearing up the yard trampling everywhere and cutting many irrigation lines. I stopped their work when I found they were sawing through a large tree root. - I told them to just run the line under the house through the crawl space which meant no trenching and an easier shorter run. They had to then come out a 3rd day to do that work but still trampled through the lawn area. - Next a week later the cable company sent out irrigation crew to fix the broken lines. This meant another full day of a crew trampling all over a freshly seeded dirt lawn. - Now another week later I spent more time tilling loosening and raking the lawn and re-reseeding but there s still a huge wet mud hole in one area that I suspect is still a leaking irrigation line. This means that another full day of having a crew come out and trample the lawn is needed. So now here I am: a freshly seeded lawn for the second time that will need to get raked out and reseeded again. The cable company is refusing to pay for or compensate or just place sod to fix the issue. What do you lawyers feel about me filing a small claims suit to pay for damages and or sodding the lawn after this entire fiasco? Can I file some sort of small claims suit against them? The head boss of the crew came out and basically said: tough shit all we will do is pay for a 4 stripe of grass seed.

2021-04-08 21:54:02

NAL but we went through something very similar. File a damage claim with the company. We had to file a FCC claim after they ignored our claim for 3 weeks. This got them to move it along but expect them to push back on the damages and offer you a very small amount of money (if any). The people doing the work are probably subcontractors and you can get their insurance information from them to file against (if they have any) if the company doesn t offer compensation. If subcontractors don t have insurance or won t give it up press the cable company to give you theirs. We had to go back and forth with FCC claims to get insurance information but it eventually worked out. You ll probably not get the full amount for damages though.

2021-04-09 02:31:56

Landlord refusal to provide internet

My boyfriend caught my landlord peeping into my window. Legal? (GA)

I rent a basement apartment and this morning my boyfriend noticed my cat getting scared because my landlord was crouched by the French doors peeping in through the opening in my curtain. I m not sure if he s done this before or not but it kinda creeped me out. I also have holes in every ceiling corner and it makes me wonder if he s watching me or something... Idk I just feel super paranoid and wanted to know if he is allowed to look in on me.

2019-12-08 02:25:28

You are allowed privacy. Call the police.

2019-12-08 02:29:40

Landlord Lease Deposit Disputes

Dishonest landlords selling rental house and giving me eviction notice two weeks into my six month lease (with no lease violations on my end). Any recourse?

(In Arkansas) About two weeks ago I signed a six month lease in a rental house. The landlords told me they were planning to put the house up on the market but only to sell to another investor so that the only thing that would concern me would be a potential change in landlord. A couple days ago they called me to give me notice they sold the house to someone who planned to reside there and gave me thirty days to vacate. I know Arkansas has Landlord Tenant laws that are extremely Landlord-friendly but can they still do this despite the six month lease agreement that doesn t include a termination upon sale clause? Only other relevant note: according to our lease they are required to give me six hour notice before entering the property to show it to potential buyers. They have violated this twice (with proof) by letting a realtor come show the house with literally minutes notice once while I was at work. Any help would be appreciated!

2022-06-12 18:40:26

Selling a Property: Selling a Tenanted Property – A landlord can sell a tenanted property providing that they notify the tenant as soon as the property goes on the market. If a tenant is on a fixed-term tenancy the tenancy cannot be ended early by either party unless mutually agreed. The only change to the legislation when selling a tenanted property is that the notice period has increased from 42 days to 90 days notice when the owner is required under an unconditional sale agreement to give the purchaser vacant possession. Selling a Property: Tenant Required to Vacate – This is a new ground for termination. If the landlord decides that they want to put the property on the market without the tenant in occupation they may give the tenant 90 days notice to terminate the tenancy providing the tenant is on a periodic tenancy or their fixed-term agreement ends on or before the termination date. The landlord must then put the property on the market within 90 days of the tenant leaving the property. It is important to note that no marketing of the property may occur during this 90-day period. According to this you can tell the landlord to pound sand. You and him have to eiter come to an agreement that you move out before the 6 months or he has to wait til your lease is up. Or he has to give you 90 days minimum to move out so he can sell an empty property.

2022-06-12 20:33:12

Landlord Lease Deposit Disputes

Mother is making risky investments with my college fund. What steps should I take?

To preface I (19M) am a full time college student. When I was born my great-grandparents set up and fully funded a 529 college fund which is now managed by my mom (52F) and to be used to cover my college costs. Currently there is more than enough money to cover the full amount of my degree. I am very grateful for this money. However I do not like how my mom handles the money. I have a great relationship with my mom but she is a very Type-A risk-taking person. For the longest time she wouldn t even tell me what she had invested the money in only that it was making good returns. Come to find out she has over half (!!) of the money invested in a single speculative small cap biotech company (BioCryst Pharmaceuticals) and uses the other ~40-something percent to swing trade (buying a stock and selling it after a couple weeks or months in anticipation of a catalyst). Over the last year she has made 210% return on BioCryst and lost over 30% on her swing trading account. Now she wants to sell all of her BioCryst shares and invest in different swing trading “plays”. She spends all day researching stocks browsing stock discussion boards etc. and has began neglecting her workload as a stay at home teacher in order to spend more time researching stocks. She s convinced that she can make money swing trading. I think she has a gambling addiction. I talk with her on the phone often and I have tried telling her that since the college fund is more than large enough to cover my college expenses she should invest the money in index funds instead of risking tremendous losses by swing trading. Every time I try to tell her this she leads me down the “you need to trust me” or “I don t want to listen to it” rabbit hole. Last night I snapped at her telling her that she is being irrational and not making sound decisions. She hung up on me. I feel bad for yelling at her over the phone but at the same time I am worried about the future of my college fund. Is it possible for me to take control of the college fund? Edit: My grandparents are the primary contributors but my mom is the account owner. My grandparents live in MD and I live in PA. UPDATE: I just got off the phone with my grandma and she confirmed that it is a 529 plan where my mom is the account owner. However she did not have access to the information. Will call my mom and grandpa once they get off work and update the post some things here don t add up.

2021-05-04 14:51:56

is it actually a 529 plan? There are very few IF ANY 529 plans that can be actively traded in the way you describe. They almost ALWAYS require you to choose from a preselected menu of investment funds. Edit: here is a search engine result on the issue— The law establishing 529 plans prohibits account owners and beneficiaries from directing the investment of their funds other than choosing an investment portfolio. As a result college savings plans don t offer individual stocks as they can t act as brokers for account owners. Instead the plans offer stock bond or money market funds. Some plans also offer age-based portfolios which gradually shift to less risky investments as the beneficiary approaches college age. (TLDR whatever she is doing she is not doing it with you 529 plan money unless she drained your 529 plan and took the money to another account altogether )

2021-05-04 15:01:20

Miscellaneous Legal Query

Wife s employer failed to withhold federal income tax

Disclaimer: We re both kicking ourselves for not closely scrutinizing every one of her pay stubs for 2017 so in a way we both feel responsible. This however doesn t make what her employer did right in any way. We live in Texas. I started doing our taxes last week and got quite the nasty surprise - for the first half of 2017 while my wife was still an hourly employee her employer failed to withhold any federal tax (the total on the W2 was like $24 that was withheld from 2 checks with seemingly no rhyme or reason). We re certain that she didn t exempt herself on her W4 form that she filled out upon being hired. This leaves us with a pretty big tax bill. I m not pleased. At the end of the summer she switched from hourly to a salaried position and everything from then on looks gravy. She did not fill out a new W4 when she switched positions but they started withholding correctly. Aren t employers required by law to withhold according to the W4 unless it s specifically stated as exempt? We have as many pay stubs as I think we can get (employer changed payroll systems and payroll administrator late in the year - if you can tell they don t really have their act together on that front) and we requested a copy of her signed W4. Do I have any recourse?

2018-01-30 19:13:02

They re not required to withhold in all cases but in many. Whether they were in your case depends upon her prior tax liability projected tax liability and W-4. Regardless however you have no particular recourse as you have no damages. You still owe the taxes and unless you have to pay more than you would have if it had been withheld you re fine.

2018-01-30 19:19:53

Miscellaneous Legal Query

Can I sue a gas station for gas contaminated with water. This is literally destroying my life.

Yesterday I was driving home from work. Didn t drive through any flooding or puddle. I stopped at a gas station in North Miami. The pump pressure coming from the pump was extremely slow and there was water pooled up in the corner of the parking lost where the tank entrance was. I only pumped two gallons because I felt there was a chance I was pumping some water into my tank. Turns out I was right and it was 100% of water being pumped into my tank. My car died two minutes after I left the gas station. I had to pay to get it towed to a mechanic and when they removed my fuel pump it didn t even smell like gasoline is was all water in my fuel tank from that gas station pump. They destroyed my car. Which is going to cost me close to 10k not to mention the tow fees and Ubers I have to take everyday to work now from Mia to Fort Lauderdale. This one gas station is gonna make me go broke and possibly make me loose my job. Someone please help.

2022-06-05 12:09:37

Report the incident to the gas station. Their insurance should cover it if it s true that they had contaminated gas. They likely had other effected too. You have a duty to mitigate damages look at rentals instead of Ubers.

2022-06-05 12:21:09

Miscellaneous Legal Query

HOA right to enter

In California and came him to find my HOA inside my completely fenced in back yard (no gate they had to hop the fence to get in). They were making non emergency repairs and never notified me that they were coming or there. I called the police because there were strangers in my back yard they are claiming damages that I am harassing them I know they are in the wrong but what in Davis striking or other sets of laws dictates the HOAs right to enter and requirements to give advance notice NO ITS NOT COVERED IN GOVERNING DOCS OR CCRS thank ypu

2017-12-05 07:12:19

Did you ask the HOA about the specific legal authority that they re claiming allows them to enter your property? There are a few ways that they *might* have that authority. Might as well ask them and find out what they have to say about it.

2017-12-05 08:00:47

HOA Legal Issues

Roommate told me to move out of apt in NYC immediately am I still required to pay rent?

My roommate informed me she wanted a new roommate since I wasn t around enough for her. Fine I don t want to be around her anyways. It gets to the point where she texts my mother (not me) that she wants me to move my things out of the apartment immediately. So I move out. The lease my roommate and I signed is for two years through Sept 14 or somewhere around then. She is making me pay rent until she finds a new roommate. I asked if I could live there this summer because I am taking summer classes at school and she was supposedly going to be gone all summer. I was told no even though I was going to be paying rent. Should I involve a lawyer in my situation and fight paying rent? I do not want to move back in with her. My name is on the lease. I have the text where she says she wants me to move out as evidence. Edit: thank you all for your advice!

2013-05-20 16:24:47

&gt I was told no even though I was going to be paying rent. She cannot just kick you out of your apartment a year and a half before your lease is up. Go back there move back in and tell her that if she wants you out she has to find someone to take over the lease. However you are still on the hook for the rent even if you aren t staying there since that contract was signed with the landlord. Maybe they can work something out with you. But until you actually get evicted or sublet it or have someone take over you have full access to the apartment as per your lease. If she calls the police on you she ll be laughed at. Your roommate is delusional and you are enabling it by not staying put. Until she finds someone to take over your part of the lease you shouldn t be going anywhere.

2013-05-20 16:38:00

Landlord Lease Deposit Disputes

Me and my wife are being harrassed and I m not sure what to do.

Someone keeps contacting me and my wife s work saying we are buying &amp selling drugs at work and that we need to be fired or else . Our work just questioned us but keeps happening. Legally what can I do? My work has the number from the caller but said they can t give it to me legally . This is completely defamation of character &amp we have a baby on the way and this is our lively hood. I live in California What do I do??

2019-07-24 19:35:37

Contact the police and report it as harassment. They can then investigate it.

2019-07-24 23:36:13

Miscellaneous Legal Query

Can a video of a surgeon performing surgery be considered Intellectual Property?

I started working at a university \[PA\] on a research project that involves collecting videos of endoscopic laparoscopic surgeries. We have a contract with a major medical device company which is planning on taking the videos we provide them to train an AI-based algorithm which will eventually be incorporated into one of their products in a few years. We ve been working on this project for a couple years without any issues. But the thought occurred to me that if we re taking recordings of surgeon s work (surgery) without any benefit to them could that raise any legal issues? To clarify my specific department in the university is getting paid through the contract we hold with the medical device company. And obviously that medical company would presumably eventually be making money from selling the product (AI-algorithm). The surgeons operate at the university-affiliated hospital system. We ask consent for their videos via email but we only really say that their videos will be used to train an AI-algorithm to develop a surgical tool. We don t elaborate much further than that unless they ask. I just worry that sometime down the line when this product is finished and used in the operating room that one of the surgeons will get upset that their (potentially) intellectual property (recordings of their surgery) were used for a profit with no benefit to them. I realize this question should probably just go to our legal department instead of asking Reddit but my boss said he doesn t think this situation would be an issue so I just wanted to get you guys opinion to give me peace of mind.

2022-06-08 21:06:27

Are you in the U.S.? If so and if the surgeons are agreeing to be videotaped for this purpose it wouldn t be a problem. The person or entity creating the video (in this case the university that employs you) is the owner of the copyright.

2022-06-08 21:08:56

Copyright Issues on YouTube

Computer Error ruins grades has me removed. What can I do? [NY]

This happened some years ago and I couldn t find any help or have anyone hear my case out. Asking you guys to see if this has some merit. I was accepted to a moderately famous and large music school in New York City. While working full time during the summer in upstate New York to afford the schooling. Despite a recent divorce and income below $10k I was unable to get financial aid to cover my costs completely and had to loan up. This isn t the issue but it does come later. While emailing my advisor over appointments to set up my schedule she told me it was necessary for me to be there for this process. I opted for phone calls and emails as I could not afford to take time from work as every penny counted towards my survival in NYC. None of my emails were responded to for 2 weeks so I reached higher to her chair. My advisor promptly responded with an appointment date and time with her office location with no regard to my asking for the onboarding to be over the phone due to financial reasons. I took the day from work spent over $100 on my train into NYC and was there an hour early. While waiting a woman leaves the room and I ask the student working the desk in her office what time I should expect to get in (it was 15 min after my appointment time of 12). He said “There s no appointment set for noon today that s weird.” I waited to try and get a “walk in” so to speak only to find she wouldn t be returning for the day. This process happened once more before I made the move into my dorm. I ended up *begging* on my second try coming down to get a schedule made and approved by her but she again was not in her office and had no record of my visits being on her schedule. I went to her chair who sat me with the student in her office to help me sort it out where once he had a schedule made for me he would input her code and approve it. Here s one of the 3 main problems. I found out through the students in the hall not my advisor not financial aid that my financial aid would not be dispersed to me or paid out unless my schedule was in place and approved which was not done until the day before classes. Leaving me homeless in NYC with 2 duffels and instruments until the paperwork cleared to prove I was good for the money and good to move into the dorm building on campus. I was homeless for a total of 3 weeks and burned through what little money I could save from a poverty level full time job from upstate NY. Moving into my dorm after waiting so long was a hassle as my room was broken into by my roommates and was being used as a storage room. Now they disliked me as I am taking the space. This matters because soon into being a resident an RA pulled me out to the office in the dorm building to sign a paper and asking for proof I was who I say I am. With my room mates unwilling to verify I am who I am I wasn t allowed back into my dorm for 2 nights all of my belongings locked away. Soon after this one of my loans was processed and all of a sudden my card allowed me back into the building and was never asked proof of identity again. While this was happening I was still attending classes. I had 4 days in and started my first night classes on Thursday and Friday. This is the beginning of problem 2. Thursday I had “Modern Middle East” which was actually an amazing class with an incredible teacher but when entering he informed me it was a masters course. I was welcome to continue but it wasn t particularly easy compared to other courses I would take. Friday I had a Psychology course. Upon entering this I realized most of the students were incredibly young to which the teacher pulled me aside to tell me it was a CollegeNow course (the local high school was on the same block and would walk to the class for college credit while juniors or seniors in high school). So I luckily found another psychology course with an open slot and was transferred in. For a few months things seemed alright. I was going to classes doing my rehearsals etc. until one day before a jury I was approached by one of my jazz teachers and she told me that she typically will mark when someone is absent and because of a performance I missed a class so she tried to mark me absent. But she noticed then I wasn t on her roster and she looked back from the beginning and saw I wasn t on her roster from week 2. I brought this to several departments admissions said I was fine and that I am still considered a student at the school and financial aid had on file I was still enrolled as well. So I let my teachers know and they fixed it in their ledgers. About 3 weeks out from the next semester (over summer break) I receive a letter telling me my GPA was 0.08 (although my teachers gave me their scores and I was 3.94). To make the technical aspects easier: - My psychology class was for high schoolers so when the student enrolled me in it unknowingly the system (eSims) thought I was a high schooler and immediately removed me from all collegiate courses. - Despite being removed my grades were still tallied this my GPA being 0.08 because it only registered me being there the first week until I was marked present in a high school college now course. - The letter I received said I was not allowed to meet or schedule classes be on campus or return to my dorm without sending in an appeal letter explaining my terrible performance and what to change to be allowed back. - The reason none of my financial aid worked or went through was because the college inadvertently told them I was registered as a high schooler. Which is why I had no financial aid and had to prove I was who I was at my dorm. Which led to my family (who was so poor that we could hardly get ANY loan to keep me from starving) had to take out loans to help me survive using money from technically personal loans instead of student loans. And finally problem 3. I wrote a letter basically explaining that I had proof of my grades (copies of all my grades and finals etc. included with letter) being the *opposite* of 0.08 and sent it into the admissions department. I waited and waited until a few days before I had to move back into my dorm where I finally reached the woman handling my case. Although I am paraphrasing what was said she told me the letter was in front of her she just read it and I didn t give sufficient reason as to why I should be allowed back. I asked if she actually read it and looked at the attached documents and she said she had several other letters to go over and she doesn t have the time to fight with me about it and crushed I hung up and gave up on fighting. Why I didn t fight it: I made 7.25 an hour working 40hrs a week ima warehouse in central NY. After paying rent utilities and eating as leanly as possible I had about $65 to play with. Consultations for a case like mine cost money with the few lawyers in my area. I couldn t afford travel to other cities to try and show my case to other lawyers. It has been over 5 years. Is there anything I can do about this even after finishing schooling elsewhere and it being so long ago? TL DR School messed up scheduling causes deregistration without telling me until I get a letter stating I am kicked out and providing proof this was untrue I was ignored.

2019-07-20 23:52:00

You should try looking through a staff directory (or just googling) for an ombudsman for your school. They may direct you through the proper channels (like a Dean of Student Affairs) before they can help you but they should at least be able to guide you through the process. In the meantime Email your professors from last semester. Ask them to verify that you were in fact a student in their class and received (whatever) grade. It s important to do this before they forget who you are. If you can get most or all of them to verify that then you could also email the Chancellor s (or President whatever they call it at your school) office. That will be seen by staff and frequently they have the ability to fix things that are messed up. Although they also might just refer you elsewhere. Academia is kind of a shit show. The most important thing for you is to document everything. (Again so it sticks) Make sure you can document everything. Someone in that school will fix it if you have enough proof that you attended and passed. All of this is assuming it s not a for profit school. If it is for profit you should just start talking to some civil litigation attorneys - because this might not be an error. NAL not from New York just spent most of my 20s working in an administrative support role in academia.

2019-07-21 04:17:20

Student Financial Aid Challenges

Less than 30 days notice to vacate month-to-month lease

My sister dropped a bombshell on me this weekend. She has been in a month-to-month lease in the New Hampshire seacoast area for about 14 months. The apartment is in an older home that has been separated into multiple apartments. There has been significant renovation work going on in most of the other units throughout her tenancy. The house apartment complex was owned by a husband and wife who recently announced they were divorcing which created an element of uncertainty. On Wednesday June 22 the husband announced that he was buying the wife out and that my sister and her 12 year old daughter could stay in the apartment although rent was being raised immediately from $800 to $1100. Her rent is paid on the first of each month. Most recent payment was June 1. On moving in she paid a security deposit but no last month payment. On Saturday June 25th the owner abruptly told my sister that she would need to vacate the apartment as he had determined that the need to repair several pre-existing issues in her unit was greater than he had initially thought and that the repairs could not be conducted with a tenant occupying the space (rot in the floor joists). The rental market in New Hampshire is EXTREMELY tight and my sister asked on Sunday June 26th if she could have 60 days in order to find a new space with her budget. Even with 60 days this will be very difficult. The husband landlord responded on June 26th that she could not have the 60 days unless my sister paid an additional $1500 over her rent for that period and that if she did not agree to this that he was starting an eviction process today June 27th and would ruin her credit and her ability to rent anywhere else in NH . All of these exchanges were via text and we have access to all of them. My questions- given this scenario when does the 30 day notice to vacate begin ticking? What other steps can we take here to buy some time? Can the landlord start an eviction for this matter when someone is still within their paid tenancy period with no other concerns? We re not looking for a battle or to be difficult just a little time to find and transition to a new apartment. Thank you very much for any thoughts and guidance.

2022-06-27 11:31:38

It is 30 days written notice. So she can decline to leave based on that https: www.doj.nh.gov consumer sourcebook renting.htm

2022-06-27 11:38:23

Landlord Lease Deposit Disputes

Woke up to my bank account negative 10 grand. Any suggestions? (Richmond VA. Consumer Debt Issue)

Ok little backstory here. I had an American Express debt around 2004 of 10 grand and I paid off about 4 of it before I lost my job and moved. I didn t pay any more of it for years and I ended up moving back to Richmond VA. Shortly after I moved back the company who had my debt hired a law firm to take a group of people with similar debts to court. I went to court and the judge ruled in their favor so I agreed to start paying them back. About 2 months later a class action lawsuit was filed against the law firm because the way they took people to court broke the fair debt collection act (court case - Case 3:11-cv-00078-HEH Bicking v law offices of Rubenstein and Cogan). The class action law suit ruled in our favor and paragraph 5 states Upon the effective Date and in consideration of Defendants payment of the Settlement amounts set forth herein each Settlement Class Member shall be deemed by operation of a final judgement and order of this Court to have released relinquished and discharged all Released Claims against the Released Parties. I also received a check and with the check was a letter basically saying that if I cashed the check I accepted the terms of the class action suit. From the papers received It looked to me that if I cashed the check my debts would be cleared cause they messed up in taking me to court. So I cashed the check and went on my merry way and over 1 year later WITH ZERO CONTACT FROM THE LAW FIRM I woke up to a surprise seizure of all my funds and my bank account deep in the negatives. Since they lost the class action suit are they still entitled to take my money like this? PM me any questions and i ll answer them asap. Thanks!

2013-09-23 12:28:13

&gt Upon the effective Date and in consideration of Defendants payment of the Settlement amounts set forth herein each Settlement Class Member shall be deemed by operation of a final judgement and order of this Court to have released relinquished and discharged all Released Claims against the Released Parties. This means that by accepting the settlement you agree not to sue them anymore. Unless there was a separate part of the settlement that indicated you no longer owe that money you still do.

2013-09-23 13:00:28

Debt Collection Legal Issues

My boss stopped paying me overtime what can I do?

Sorry if the formatting is off I m typing this on mobile. I was hired at a small family retail store in New Jersey beginning of July 2017. From July-April 2018 I was getting anything over 40 hours under the table in cash. After April my boss came up to me and tells me that they are switching me to “salaried pay” with not much explanation (I am still to this day paid by the hour). I get paid once a week if that changes anything. For the last year I ve been getting my 40 hours put in regularly while the 6-12 hours overtime I do every single week is entered in as “Commissions”. We do not get actual commission at the store for our sales though. Nothing over 40 hours is x1.5 I get the same per hour for hour 2 as I do for hour 46. I also do not get any holiday pay. Is this legal? What should I do to fix this or is it out of my hands? If I bring up overtime paid sick days etc I m just brushed off and do not get an actual answer. I would really prefer to stay at this job but I am not getting the pay I believe I am entitled to.

2019-05-29 21:48:26

https: www.dol.gov whd overtime fs17g_salary.htm Read this: do you meet the qualifications? I m betting no . Also what s your location? It s not optional especially when dealing with labor laws.

2019-05-29 22:20:58

Miscellaneous Legal Query

What does do if they know someone who is illegally attending college while simultaneously committing various other federal crimes?

I know someone who while having committed at least three or four other major crimes lied to the school and got someone unfairly kicked out of college...while continuing to stalk her. His mother is aware of the situation. He s never been legally on campus and purposefully cut the girl off from everyone else believing that he d marry her once he graduating failing to realize the girl was never getting married and would have no problem having him arrested. He s also displayed major signs of delusional ideation during this time. He contacted hundreds of people he s never met the girl knows who would have to speak against him which they would have already done if they didn t believe they d also get screwed. What should this girl do? That was her only chance at college and every moment since she was a little kid has revolved around school. She s not employable and has nobody to reach out to and her parents can t seem to grasp that the situation is actually that horrible and refuse to do anything about it. Obviously legally his credits do not count since he was never legally on campus along with another girl who lived across the hall he d never be caught dead speaking to or spending time with but who is part of a phone chain. He thinks its funny and she s a well-reknowned never been sexually active slut. Across-the-hall-girl has a sister who knows a couple of people who attended the same high school as the girl in question who would never speak to across-the-hall-girl in high school. Across-the-hall-girl has nothing to do with her or the situation other than causing further legal trouble by illegally connecting two states who could never legally contact each other as well as the guy s cousin and the girl s mentally ill high school boyfriend (who never informed her of anything until after the situation was beyond fixable) due to his friend s bizarre obsession with the guy responsible for the legal issues. I m currently in Nassau County New York but the issue itself is in MA where I should have been attending school but the school happens to be in contact with people spread about the area and the worst of them on the other side of the island.

2015-05-15 21:37:05

A skim through the OP s posting history is helpful in decoding the post. She s been expelled from college in Massachusetts and returned to Nassau County. She may or may not have a stalker. There may or may not be large amounts of drama involving a large cast of characters and events both real and imagined. But I don t think there s an addressable legal question here. What should I do about my stalker might be the core question but the odds of extracting a comprehensible set of facts or claims is low.

2015-05-15 22:08:52

Miscellaneous Legal Query

Divorce options

Hi everyone. I usually don t post but I have a dilemma going on and I need advice. I am about to divorce my husband of 2.5 years and I suspected him of cheating. He confessed today after I showed proof of cellular records and asked about a trip he took supposedly to his friend s house but ended up actually going to see her. He has also taken out credit cards with my name without my knowledge and left me with a good chuck of debt to pay off. What can I do in this case? What are the options for divorce with no children in this situation? I m in Texas.

2018-01-30 04:30:39

even though you are divorcing him the credit card debt is going to still stay on your name. either (a) charge him with fraud and have the debt discharged or (b) discuss this with your divorce lawyer and see if you can get a monetary amount equal to the credit card debt in the divorce proceedings. i m not a lawyer but i d go with option (a) because that will ensure i get that money for sure. a problem with that option however is that you need to prove that you didn t know about him taking the credit card debt on your name. that may be difficult to prove if its an old debt. the other problem with option (a) is that your ex would be charged with a criminal offence and that could muddy up the divorce. if you go with option (b) the money may get caught up in the divorce and you would be stuck paying the credit card bills on your own until the end of the divorce. and at the end if the guy is a jackass he could claim bankruptcy and you will never see a cent. but again discuss this with your divorce attorney.

2018-01-30 05:05:43

Miscellaneous Legal Query

Training nurse stuck herself with the same needle she then used on me

I went to receive blood work today at an urgency care clinic. There was a nurse in training accompanied by another nurse perhaps a doctor. She wasn t too bad and I don t mind being a guinea pig for new nurses. They have to learn somehow right? I then received a call just now at 9pm from the clinic. The woman on the line introduced herself as one of the head doctors of the urgency care center and began apologizing profusely. I initially was terrified thinking something I had gone in for initially came back positive - then she told me she was calling to inform me that the nurse in training had stuck herself neglected to tell anyone or switch needles and then used that same needle to draw my blood. I m not especially nervous about needles but I don t like them. I had my eyes shut for a decent portion of it focusing on my breathing. I didn t see it happen and apparently neither did the supervising nurse. It was not mentioned in the moment and obviously was only mentioned after I had gone. I am currently awaiting what they called rapid results for HIV within the next few hours and will receive the results of the nurse s full-panel test in a few days. I am absolutely outraged that this nurse lacked the common sense to change the needle before using it on me. I m terrified of the results even though I know it s still a low risk... The head doctor apologized to me at least four times. My question is should I do anything about this? This seems like malpractice to me. I usually work nights but I have to get up early for an incredibly important day at work tomorrow. I was already worried about going to bed on time as it is and now I m not sure I will sleep much tonight. I should be getting the emergency HIV results in the next three hours upon which if the nurse tests positive I need to go receive emergency care at a hospital. I m in Washington State of USA.

2018-01-24 05:16:20

For now comply with treatment. If you have expenses or a loss of actual income speak to an attorney. The clinic is insured and their insurance likely covers this but you should have a professional helping you negotiate. Until then this is an appalling mess but not a legal problem: it sounds like the clinic is doing the right things.

2018-01-24 05:28:29

Miscellaneous Legal Query

I want a Divorce after 15yrs. of not speaking to wife.

I m in Ontario Canada. I m still legally married to a woman. We had a relationship for six years married for two. Literally haven t spoken to her in almost 15 yrs. I figure I need her signature at some point. I m worried that she might try to get alimony or a portion of my assets. There are no children involved. I m doing better financially than she is. She s not hurting either.

2020-01-23 06:22:03

[Start here](https: www.attorneygeneral.jus.gov.on.ca english family divorce ). [Then read this](https: www.ontario.ca page file-divorce-application-online). If your ex-wife is in agreement you can file a joint application pretty easily. This is _only_ an option if you and she can come to an agreement about the terms of your divorce but if you can it s quick and relatively painless. Otherwise if you re asking the court to sever your marriage but not asking for any other orders (not asking to divide property establish custody orders or set support) you can file alone for a simple divorce. Whether your ex-wife agrees or not and whether she s willing to sign anything or not doesn t matter but you will have to serve her and she will have an opportunity to object to the divorce. Major reasons this could be held up include children (not an issue here) or substantial marital assets that need division or setting spousal support. If _that_ fails you really need a lawyer as you d be going through Ontario s full contended divorce process in the family courts. The judge can determine asset division support and so on even if you and your ex cannot reach any common ground but it s worth going in with an expert if things look like they might head this way. Given how long you ve been separated there s a good argument that spousal support should be refused because she has either entered a new relationship with someone who is supporting her or she has been adequately supporting herself. Dividing marital assets would largely be limited to your marital home and to any assets accumulated during the two years you were married and non-separated. In other words this is _probably_ going to go relatively smoothly. Nonetheless if your ex won t sign off on a reasonable joint divorce it s probably worth contacting the Law Society of Ontario for a referral _before_ filing anything even for a simple divorce. While it s not necessary for a simple divorce professional input could save you time and money down the road if your ex fights you. Regardless of how this goes though once you start it s a matter of time and bureaucracy before you are divorced. There are no grounds your ex-wife can use to absolutely prevent a divorce nor will stalling stop the process indefinitely.

2020-01-23 06:33:32

Divorce and Alimony Battle

My landlord changed leasing terms in his favor while attempting to add roommate that was not present for signing of original lease.

I signed a lease starting August 2016 until July 2016. My property manager was made aware that I will be living here with my wife to be but she was not there to sign. She moved in about a two weeks later so we wanted to add her to that lease. We recently received a notice stating we have a new property manager who is very nice. I contacted him about adding my wife to the lease and he said that she would have to fill out an application and pay an application fee. No problem. Also a month ago we start to notice a few mice have gotten new property manager has addressed this issue but they keep getting in. I ve put in numerous requests and he only came the first time to seal some holes and lay some traps and hasn t come since although there are still mice getting in. Is a 24 hours notice necessary for a work order? Aside from the continuous pest issue my wife fills out the application and pays the fee. He sends a new lease online for both of us not adding her to the previous lease as requested. This new lease is different than the last. Conveniently it changed a section to prohibit living with a cat ruling pest control as the tenants financial responsibility but only the landlord can elect to hire an exterminator.. Can he do this? These are not the terms I agreed with upon moving in. Edit: I am located in Pennsylvania

2016-11-08 14:33:55

You wife doesn t have to sign the lease. She can live with you in the apartment and you can be the sole person who is financially responsible for the apartment. The landlord cannot also evict your wife as you have a constitutional right to keep your family together. If you want sign the lease and cross out the language that you do not like. You are allowed to change terms on a contract if you like you don t have to accept any term that the drafter of the contract makes. Accompany the lease with a letter that states that you do not accept these new terms so that it is clear. Make a copy of the lease after it is signed if you decide to sign it. Landlords can make reasonable entry into your apartment for maintenance and safety inspections. Normally the lease will specify this but the default in Pennsylvania is 24 hour notice without your consent or immediately with your consent. The landlord is permitted to enter M-F 8am to 6pm. The landlord is permitted to enter in the case of an emergency but if it is an emergency the fire department should be called. Otherwise the landlord is trespassing. Pennsylvania has heightened privacy rights and laws. This is unique in America. Pennsylvania is one of the few states where police are prohibited from entering a home with marijuana plants bursting out of the windows unless they have a warrant. Just about every other state in the country allows police to enter when they see illegal activity in plain view. In Pennsylvania the warranty of habitability is implied by law into every residential lease. The warranty of habitability requires landlords to provide safe and sanitary conditions for tenants. An infestation of mice may be a breach of the warranty which would require the landlord to exterminate them. You should check with the local legal aid office to confirm that ordinances require the landlord to remove pests. You can contact the local Code Enforcement or Building Standard s Office for you county to report a landlord who does not comply with the code or you can hire your own exterminator and deduct the cost from your rent. Be sure to inform the landlord before doing so as this may prompt him to take action. Alternatively if the apartment is infested and you would rather move out you could probably vacate and use the breach of the implied warranty of habitability as a reason. The landlord might want to cure the defect first though. TL DR You can decide to not sign the lease or change its terms and there is little the landlord can do. Landlord must give you 24 hours notice to enter an apartment. Landlord s are responsible for keeping an apartment habitable including removing pests under the Pennsylvania Implied Warranty of Habitability.

2016-11-08 15:02:24

Miscellaneous Legal Query

Legality of not paying employees to get set up in the AM firing them if they re late? (VA)

Hi Reddit. Throwaway account. So I work at a company with 500+ employees in their office. I ll try to keep this simple. We are given laptops and we are required to shut them off and take them home at night. In the morning we are required to set the laptops back up wait for them to boot up sign into the laptops and pull up a website to clock in. Because a lot of teammates have laptops that are old this process usually takes anywhere from 5-15 minutes. I know this isn t a whole lot of time but the problem is because of how long some people have to wait they have to add on an extra 15-20 minutes in order to clock-in on ‘time . If you don t clock in on time even if you are at your desk and waiting for your laptop to power up sign in pull the website up to clock in you are considered late and get written up. If you get written up three times you are let go. I want to know if it is A. Illegal for them not to be paying for this time and B. If it is illegal for them to not pay us for this time is it illegal to fire someone for something the company is doing illegally? As in the employee is legally working but the employer isn t paying them (illegally) and considers them late?

2018-12-28 22:05:20

I know in idaho a company did this to its 900+ employees and got sued. We all got a chunk of money later on from the lawsuit. Depends on laws where you are at. Contact the labor board wherever you live and they will tell you and then you can submit a complaint anonymously.

2018-12-28 22:19:35

Miscellaneous Legal Query

Day spa demands $12 minimum tip for any service - including one they advertised as $40.

There s a day spa near me that provides massage therapy. I was going to go there but I read some reviews that people aren t given their change back because of the sign that $12 tip is minimum even though they only had the $40 massage (the one I want to get). This seems super shady. I m worried if I go and have a less-than-expected time I ll be harassed for that $12. Is it legal to demand a tip like that? Can I say no if I feel like it wasn t a good service? Obviously will tip either way but... This is in Massachusetts.

2017-12-04 19:38:42

So once upon a time I used to be a contractor for the IRS...the investigators with a badge and a gun...and they fucking HATED shit like this. https: www.irs.gov individuals how-do-you-report-suspected-tax-fraud-activity I would actually go to that spa. Bring yourself the twenties only. When they charge you $52 ask for a receipt for the amount (ostensibly to submit to your insurance or to write off). My guess is that it s unreported income. This is REALLY COMMON shit. If they don t give you a receipt that includes the gratuity call the 800 number and report them. I assure you the IRS has the biggest hard-on for this kind of shit. We ll be expecting your update on r JusticePorn or r JusticeServed D

2017-12-05 04:02:04

Unfair Tip Practices in Restaurants

Renter advice: landlord did not do a walkthru inspection at the time of move-in Alberta Canada.

Hey I had a question concern about getting my damage deposit back. The short story is when we moved in a year ago our landlord did not do a walkthrough. We never were late for rent we left on time and we gave proper notice. We also clean the house top to bottom and cleaned the carpets to the same condition to which we moved into. under Alberta Canada standards the place was left in a quote reasonably clean state. Now I have googled and looked up Alberta code for tenancy and landlords but through email discussion I think this landlord is going to try to keep some of my damage deposit. My question is can my landlord legally take money from my damage deposit and to what extent can I get my money back? For context our lease was a year sept 1st to aug 31st at noon. No major damage occured to any of the property that wasnt present at the time of move in (we have some pictures but I m not in the house destroying business the place was well taken care of). Any advice would be awesome thanks!

2015-09-01 18:21:24

Did you take pictures when you moved in and when you moved out? Did they do a walkthrough with you when you moved out? If not I suggest you do these things in your next place. If you did then wait until they say they are keeping the deposit and dispute it either to the LL directly and if that doesn t work small claims. They will have to prove you didn t leave the unit in a good condition. If you have proof you did then no reason to worry. Edit: IANAL

2015-09-01 19:10:40

Landlord Lease Deposit Disputes

[ON Canada] Employment law &amp Ontario human rights code

Hey folks I m meeting with an employment lawyer tomorrow but I did want to also check differential opinions. So this is for my wife. 25 years old and whom is currently in the hospital and has been since Wednesday. She will require surgery to remove a malfunctioning organ although at the moment it s uncertain whether it s emergent or if it will need to wait 6-12 weeks. She works full-time for an employer whom provides customer support services for a US-based telecom carrier. This employer is well-known for being hostile to employees taking time off. [I posted previously](https: www.reddit.com r legaladvice comments 87s8l6 ontario_labour_law_disciplining_employees_for ) about them. For example (as discussed in my last post) they will actually discipline employees with standard write-ups for using emergency leave to the point where if an employee goes even a single day over their emergency leave they believe they have cause to terminate and will do so. Due to this years flu season and her severe asthma she blew through the entire 10 day emergency leave in one go and this employer refused to back date these 10 days as a medical leave of absence. So she was forced to lie to her doctor about feeling better because she had to return to work despite the fact she could barely speak (and indeed scored very poorly when one of her calls was audited). So back to the surgery. Whether she gets emergency or elective surgery she will need to be off work for 1-2 weeks. It s not debatable about this surgery either she will die if she doesn t get it done as said organ will eventually explode (literally). We re better prepared this time and more knowledgeable about their policies so this time we want to be applying for it ahead of time. However there s another snag--the hospital as a matter of policy will not issue sick notes for employers under any circumstances and are referring her to her general physician. Our GP is on vacation and wont be back for 2 weeks. So basically we re back to square one like in the last post where they re very hesitant to back-date a medical leave. As for her employment status ideally I think it would be best for her to be off work until she s more capable. Presently she requires heavy painkillers which makes her very delirious. It s uncertain whether she will need to be off for the full waiting period or just a portion of it as the pain has been trending downward and very careful dieting habits could possibly eliminate the pain altogether. So here s my legal questions: 1. Can we bring a mountain of papers to an after-hours doctor have him review it and then he se can provide the documentation? 2. Can I (wife absent because hospital) bring these papers to an after-hours doctor? 3. If she is indeed released from the hospital and waitlisted she s likely to be visiting the emergency room a handful of times before the surgery occurs. Would her employer be able to swing these as separate incidents and thus terminate her accordingly? Can we request accommodation to the extent that May need to visit emergency room several times is acceptable? 4. She s stoned out of her mind on pain medication. Is there a legal way for me to stand-in for her as a representative and be afforded the same protections (ie. attorney-client privilege right to speak to employer on her behalf etc.)? We re not married but we re common law reside together and have a natural biological child together. No cohabitation agreement PoA or anything of the sort have been signed by us in the past. 5. Is there a way to compel this employer to back-date this as a medical leave of absence instead of saying shes breached company policy by exceeding her emergency leave? 6. If she s fired and is compelled to sign a waiver (remember stoned) as a condition of receiving a no-cause severance will it hold up? 7. If she s fired without cause and receives a no-cause severance does this receipt of monies invalidate her Ontario human rights code or wrongful dismissal claim? 8. If she s allowed to work but they then fire her for some obscure obviously-made-up policy breach that nobody else gets disciplined for could this be wrongful dismissal? 9. Is there a deadline for them to submit a Record of Employment for a medical leave of absence? We do intend to apply for EI sickness benefits. 10. While on this medical leave can she be fired? 11. She gets fired. What are the next steps she should take? 12. Anything else?? Thanks guys and gals for your time I appreciate it heavily.

2018-04-15 19:12:30

You re doing the right thing by speaking with an employment lawyer. You may even want to consult with a couple to see who you like better. My previous advice still stands but the fact that your wife is in a situation where she is hospitalized would fall under disability in Ontario. &gt Whether she gets emergency or elective surgery she will need to be off work for 1-2 weeks. Don t call it elective surgery. It is necessary surgery if it is medically indicated. Elective surgery is something that is for example purely cosmetic. Just because she can choose to have it now or in a certain period of time does not mean that it is not medically necessary! &gt the hospital as a matter of policy will not issue sick notes for employers under any circumstances and are referring her to her general physician. Ok her employer should provide a reasonable time frame to get the required documentation. In the meantime you can present her intake paperwork to the hospital or her GP may have a back-up doctor that can write the note for you. There are options out there you may have to get a bit more creative. Also make sure that you are on top of her doctor as soon as they are back from vacation because your wife also needs to provide the documentation in a reasonable amount of time. The employer cannot just say no we don t backdate medical leave . They need to be reasonable in the process too and getting documentation right away is not always reasonable. &gt Can we bring a mountain of papers to an after-hours doctor have him review it and then he se can provide the documentation? You can seek help from a qualified professional. Here is an interesting case out of BC about [questioning sick notes] (http: business.financialpost.com executive 0411-biz-hl-levitt-wkpl). This is a ruling from a different province so YMMV but there are some important points in the article. &gt If she is indeed released from the hospital and waitlisted she s likely to be visiting the emergency room a handful of times before the surgery occurs. Would her employer be able to swing these as separate incidents and thus terminate her accordingly? Can we request accommodation to the extent that May need to visit emergency room several times is acceptable? A disability must be accommodated in a way that is reasonable for that disability. If that means your wife must seek medical help as needed they need to accommodate that. I m not sure what they would get by treating incidents as separate because in the end it is the same disability. There could be something with their LTD policy but that is a separate issue from accommodation. &gt Is there a way to compel this employer to back-date this as a medical leave of absence instead of saying shes breached company policy by exceeding her emergency leave? That s cute on the employer s part but it does not change their responsibility to accommodate disability in the workplace with a reasonable accommodation. &gt If she s fired and is compelled to sign a waiver (remember stoned) as a condition of receiving a no-cause severance will it hold up? Possibly possibly not. It would be a good thing for her to try to remember not to sign ANYTHING under pressure under ANY circumstances under the influence of meds or not (though being able to prove that they knew that she was on medication might make it easier). It s harder to fight it saying she was under duress later than to not sign it and fight for her statutory and common law rights to notice of termination. &gt If she s fired without cause and receives a no-cause severance does this receipt of monies invalidate her Ontario human rights code or wrongful dismissal claim? No she can still take the offer to an employment lawyer to advise her on whether it was a fair offer or not. DO NOT SIGN before consulting a lawyer. &gt If she s allowed to work but they then fire her for some obscure obviously-made-up policy breach that nobody else gets disciplined for could this be wrongful dismissal? Yes talk to an employment lawyer if this happens. &gt Is there a deadline for them to submit a Record of Employment for a medical leave of absence? We do intend to apply for EI sickness benefits. Yes the Government of Canada website should have this information. &gt While on this medical leave can she be fired? Technically yes. But it would have to be for a business reason that is not related to her disability in any way. For example if they shut down Canadian operations and fired everyone your wife can be fired. If they were to shut down her department they would have to make a good faith effort to find her another position that matches her skills and is in line with her current compensation (does not to be exactly the same but reasonable). &gt She gets fired. What are the next steps she should take? Talk to a lawyer. That s all you can do if that happens.

2018-04-15 20:13:46

Miscellaneous Legal Query

Special needs hot tea burns

Location: Pa So my little brother is enrolled in a special needs school. He has spina bifida and is wheelchair bound he can t feel from his legs down. A few days ago while I guess the teacher was occupied he grabbed a hot cup of tea off her desk and spilled it all over his thighs and caused 2nd degree burns. They rushed him to the hospital and his legs began to bubble up and it s extremely painful for him. See where he spilled it he has full feeling and in such pain. They had a rule that if teacher has hot beverage it needs a screw cap and lid which it did but it wasn t screwed on correctly which caused it to open right away. My question is what steps should I be helping my mother with? I m not sure where to start and surely a special needs kid should not be responsible for what happened which is what apparently the teacher was saying. Thank you for any advice.

2017-12-22 05:23:29

Does he have a learning disability coupled with the spina bifida? Or just a physical disability? Also I m failing to see how this is the teacher s fault. She had the right cup but just didn t screw the top on right? And for some reason you think the teacher failing to screw the top on right means she waa negligent so you re entitled to a pay out?

2017-12-22 13:56:38

Miscellaneous Legal Query

My father died last September in Florida. He had a reverse mortgage on his condo and I just got served papers naming me as an heir in a foreclosure suit. What do I do?

As I said I just got served papers regarding a lawsuit filed against my brothers and myself by the bank foreclosing on my deceased Father s condo. It says I have 20 days to respond. To complicate matters I am right now trying to buy a new home. I just filled out paperwork yesterday stating that I have not been sued or foreclosed on and a day later this happens. My Dad had nothing valuable in his estate when he died and none of us want the condo. 1. Do I need a lawyer? 1. Do they just want to clear title and if so can I or my lawyer simply let them know I have no interest in the condo? 1. Will this affect my credit and ability to get the loan that I am literally in the process of applying for? Should I now tell my mortgage broker as well or can I wait until I see what happens with the lawyer? I am hoping to be pre-approved tomorrow so I can make an offer this week on a new home. Thank you for any and all advice here! Edit: I have included some of the text in what I received: It says this: * Plaintiff VS. The unknown heirs beneficiaries lienors creditors trustees and all others who may claim an interest in the estate of my Dad . It also states: * You are hereby notified of the institution of this action by the Plaintiff against you seeking to foreclose a note and mortgage encumbering the real property in county Florida. in Official Record Book. I will contact a lawyer ASAP but do you think they simply want to make sure we relinquish interest? If so can a lawyer get them to drop the suit if I formally state I have no interest in the property. Also do I need a Real Estate attorney or would an estate planning and probate attorney make more sense? Edit: Is it necessary for me to inform my mortgage broker of this? I feel as though I should and I am very concerned that this will affect my ability to get a loan. Any thoughts?

2015-01-27 03:54:46

Foreclosure attorney here. You were named due to you being a potential heir. You do not need an attorney unless you are trying to contest the foreclosure. Yes they basically want clear title. This shouldn t affect your credit at all as no money judgment will be entered against you. What I would do as a potential heir: Talk to the personal representative of the estate and make sure they re looking into selling the property. Since it was a reverse mortgage there likely is a lot of equity in the property (percentage-wise) since most borrowers never take the full value of the property out in the reverse mortgage. Sell the property for market value (or even under if needed) pay off the reverse mortgage and distribute the remainder of the funds to the heirs.

2015-01-27 04:53:11

Miscellaneous Legal Query

[NH] Is it possible to sue someone to get money that is in a trust fund?

Hello r legaladvice. I am in a bit of a weird situation and am are hoping someone here can help. I was in a car crash that was caused by a drunk and drugged driver. He died in the crash. He had weed and alcohol in his system. The guy was a career criminal and there is no estate or money and he didn t have car insurance. He was paid a settlement by the police one time but he put it in a trust fund for his daughter. She is 16 and in the foster system. Can I sue to get the money? I know you can t sue anyone underage and she doesn t have a parent or guardian I can sue on her behalf. Because the money is in a trust fund is it even possible for me to get any of it? I know I probably sound like a jerk but I don t even want all the money. Just enough to cover the bills from this. Thanks cheers!

2015-10-15 17:48:19

That s not likely to be a winning case. The money is basically his daughter s but there are some strings attached. And his daughter didn t hit you. Put it like this. This year I give my kid $10 000 for college. It just sits in an account with his name on it. Next year I hit you and cause $10 000 worth of damage. Can you go after my kid? Of course not -- that money s his now. The only way that works (and obviously doesn t apply in your case) would be if I hit you then gave the $10K to my kid -- that would probably a fraudulent transfer which can be taken back.

2015-10-15 17:59:07

Miscellaneous Legal Query

Friend is stuck in ER and doctors won t let him leave. [NH]

My friend [M-16] self-admitted himself to the ER he went in for depression and risk of suicidal thoughts. He did not attempt suicide or self harm. He was afraid that he was going to. He has been there for three days and has realized a transfer to a proper mental health facility will take multiple weeks staying in the ER. He no longer wants to stay in the ER and his parents agree with him. They requested to have him leave the ER but the therapist doctor in charge refuses. They state they will hold him against his will if his parents attempt to pull him out early. I really need help his parents don t know what to do and neither do I. He is very scared and it certainly isn t helping his depression.

2020-09-26 01:10:42

I am by no means a lawyer but i am pretty sure when someone threatens suicide that is grounds for a 302 and the patient can be admitted on a psych hold against their will.

2020-09-26 01:16:04

Miscellaneous Legal Query

[Scotland] Shifts causing Health Medication problems what rights do I have?

I m writing on behalf of my sister who is a Mental Health nurse for a private care home. In a nutshell the issue is that she is being made to work night shifts for weeks and weeks on end (apart from random day shifts thrown in when staff is short or day time meetings which she has to attend) which is causing problems with her medication. She is on Lithium (as well as a few other things but the main concern is the Lithium) which has to be taken at as close to the same time of day each day as possible. After taking it she becomes woozy tired and dizzy so she prefers to just take it before going to bed. It isn t possible to stick to taking it at one time say midnight as she could be heading to bed at that time one day or calculating meds for patients another. Her employers are not prepared to negotiate on the shifts they have her on. The response she s had was the business needs come first her boss is not interested or concerned with her deterioration in mental health (severe depression prior to starting the Lithium which has now started to come back in a fairly threatening way) has been incredibly dismissive and callous. When she has tried to speak to HR they have been much the same way saying they only deal with policy issues whatever that means. Let me point out that her mental health issues were made clear when she was taken on she was not on lithium at the time so this wasn t disclosed - however neither was the extent of night shift work or the lack of pattern to the shifts she would be working. I m not writing this to have a gripe or to suggest she should be due compensation or anything of the sort. I just want to know what rights she has if any. She did used to be classed as disabled though i m not sure whether this is still the case. (Sorry for the ramble. I m obviously not a great writer but i just tried to get as much info down as i could. If there s anything important i ve missed please ask. Appreciate any help anyone can provide.)

2015-10-24 17:35:19

Not legal advice but practical advice had she spoken with her doctor to perhaps try medication that won t make her woozy?

2015-10-25 13:58:22

Miscellaneous Legal Query

Girlfriend had an issue in Jordan - now she s been reported to the police apparently

I live in the UAE with my my girlfriend. We re both expats. She went on a trip to Jordan last week alone. She booked a tour with a driver who worked freelance but mostly through a company. Everything went well until the second last night of the trip when she called me in tears and told me that the driver had been acting really inappropriately with her. He asked her to sit in the front of the car tried holding her hand and put her hand on his inside thigh. He also asked if he could sleep with her in the hotel that night. She said that he drove her around near the desert and wouldn t bring her back to her hotel for more than an hour after she requested him to do so. (nothing sexual actually happened) The next morning she decided to leave her hotel early and get a different taxi to the airport as she did not feel comfortable with this guy as she was terrified he would do something. She did not pay him for the tour as she was supposed to do so before leaving. When I met her in the airport following her flight she was shaking and in tears. (She has been raped before) She claimed that she did speak to the police but they didn t take a written statement and they said that there was little she could do. Now comes the problem. I got in contact with the company in question and recounted the facts to them as she told me. The company looked into it and it turns out that the driver reported my girlfriend to the police in Jordan following her exit as she did not pay him the 395JD he was owed. Now I am terrified that there will be an international arrest warrant placed on her and she could be extradited to Jordan and face trial jailed. &amp #x200B Does anyone have any advice?

2019-12-08 05:10:37

I doubt anyone here is an expert in UAE and Jordanian laws and while it seems unlikely that someone would be extradited over $550 in US dollars the simple solution right now would seem to be to just pay the amount no? Do you have any reason to believe that in Jordan this is a criminal issue rather than a civil issue? Also Google expat legal services.

2019-12-08 05:28:14

Rape Accusation and Legal Complication

Going through a separation (Maryland) and soon a divorce - not enough money to go around

Going to try and give my TLDR of my life here: Married 9 years living in MD and wife cheated on me last year I work full-time and make 6 figures. My wife just finished her degree and should start work in the near future but does not currently work. She has her own car that is in both of our names but I use my income to pay for it. We have two young kids We have a townhouse with my name on the loan and both names on the deed. Roughly $1450 month for the townhouse Wife s mother and sister (she s a teenager in high school) live in the house. Wife s Mother helps with rent a little bit but not much. She can t survive financially on her own. We were trying to reconcile and I was separated living in my own apartment with some funds we had saved up but I put an end to that. I am getting out of the apartment in the next few weeks and looking to either move back in the house temporarily move in with a friend or family temporally while I figure out an apartment condo type situation for myself as the separation divorce gets rolling. My main question is about the house and her car. She won t be able to afford both even if she gets a decent job. Maybe with some combination of child support etc. she could afford the house but I sort of doubt it. We also have the added mess complication of my mother and sister in law in the house and most importantly my kids. They all want to stay in the house for obvious reasons but I m not sure it s financially feasible. I am less worried about the car but that s a concern obviously too considering we would have to sell it at a significant loss (new car with lots of miles) What would you all advise I do in this situation to make it as painless for all involved as possible (particularly my kids) and for me to detach as much as possible from all of this? Thanks.

2019-12-27 21:29:24

The house may need to be sold. You should speak with a lawyer if you haven t already done so. The fact that you moved out of the home suggests to me that you don t have an attorney advising you.

2019-12-27 21:35:53

Divorce and Alimony Battle

Daughter has been in the police station for 12 hours. They won t tell me anything

This is in Canada btw My daughter went to a police station to file an accident report this morning. Haven t heard from her all day. She is an adult so they won t let us talk to her. They would only tell us that she is safe. Should we get a lawyer? They wont tell us anything and its been almost 12 hours. She is 22 years old. Very worried. The accident she was filing for wouldn t have anything to do with this right? Edit: They won t let anyone except a lawyer talk to her and only on the phone. The woman at the station on the phone was very condescending about her age but my daughter has serious anxiety problems. She is probably panicing and wouldn t know anything about lawyers. Edit 2: Apparently it is something to do with missing a court date. And she was pulled over when she was arrested. I have no idea what the court date was.

2018-04-28 00:49:08

Responding to your edit: Hire a lawyer on her behalf and have him get down the the station to find out what is actually happening.

2018-04-28 01:32:57

Miscellaneous Legal Query

Getting sued for domain name

Recently i purchased a domain for research purposes. I built a site and not selling anything on this site or advertising on it beside posting articles. 3 weeks after i purchased the domain a company with a similar name contact me by email and via a phone call demanding me to give it to them in super rude way. I tired explaining them that this shouldn t affect them as I m not trying to sell or refer to their brand but they kept insisting that this domain is belong to them!!!according to the law and now they are threaten to file a law suit against me. Any idea on this matter? Thanks in advance (I m located in the US)

2014-05-25 18:26:05

So there are two obvious questions: 1. Is the company a very well-known brand like Coke ? 2. If not is there any way that a reasonable person would look at your website and think that it had anything to do with that company? You also need to let us know where you are. If the answer to both of those is NO and you re in the US then the company doesn t really have any leg to stand on. The fact that they have a trademark does not mean that they have a complete monopoly over all uses of the name -- it just means that they can stop other people from using it a way that would confuse consumers. There are some narrow exceptions to this rule for so-called famous marks. I wouldn t worry about a lawsuit until you get a cease-and-desist letter from an attorney. At that point re-evaluate.

2014-05-25 18:41:50

Trademark Infringement Resolution

[UT] I was involved in a car accident with other party being an attorney. Now said attorney is threatening over the phone to sue me

The car accident happened last Friday around 545pm. I was going west and the truck was facing east making a left turn. The light had turned yellow just before I entered the intersection when the truck turned right in front of me and my front driver s side hit his front passenger side bumper and headlight (he wasn t that far into the intersection before I hit him meaning he turned at the last second). The cop gave us both contact forms with each others information and told me that the insurance adjusters are the ones to decide who is at fault. I did not receive a ticket. We both called our insurance (Farmers) and submitted our claims and each got assigned an adjuster to do investigating then they were to meet after getting our statements and decide who was at fault. Today I got a call from my adjuster and they said that they haven t come to a conclusion as to who is at fault yet because we have opposing statements and that they will need to wait for the police report to come through. Right after I spoke to my adjuster the opposing party called me and asked what I think happened. I told him the same thing I told my adjuster that I was going through a yellow light when he pulled out right in front of me. He interrupted me and said that I was wrong that he waited there until it was red to turn because he thought I was stopping and then saw me coming and that he was surprised I wasn t able to stop because I was going so slow but that I never looked at him once and said that I must have been on my phone. I did slam on my brakes before hitting him he pulled out so close to me that I couldn t stop. I told him I was not on my phone it wasn t even in my hand and he started raising his voice and yelling at me. He said that he is not going to pay for this that I need to take fault and that he will sue me if I don t. That he will get the pictures from the traffic cameras that I ran the red light and my phone records to prove that I was on my phone and will take me to court. He said that he is an attorney. I said I was just going to let the adjusters handle it and he said that this is going to go way above the insurance. He repeated himself telling me that he won t take fault for this and I just said that I m not going to talk anymore. He said ok see you in court and then hung up. First of all he shouldn t have made direct contact with me and should only have been working through the insurance company on things. Second of all he used verbal intimidation and threats to try and get me to do something that he wanted me to do. Him yelling at me and threatening to take me to court if I didn t change your story and take full responsibility is constituted as a threat. Third of all he should know that he shouldn t use that form the officer gave us with our contact information on it to contact me. Is there something I can should do about him calling me to threaten me? I called my insurance agent to let them know but of course that doesn t change much on there side besides make note of it to know what kind of person they are dealing with. Edit: format

2019-03-28 03:10:29

Do not contact him or interact with him. He is trying to make you say something which may not have happened and use it against you. The traffic cameras should support your statement if it is true and he would be the one at fault. It is not illegal to pass a yellow light.

2019-03-28 03:15:48

Insurance Denial Car Accidents

Someone posted very personal photos from my childhood-through high school with very provocative and disgusting captions.

Hi originally from PA currently living in NYC. 30 y o female here. Earlier today a person from my high school sent me an instagram account of someone pretending to be me. The account had my first name and a profile picture from about 7 years ago. The account was created in June and had an inappropriate handle (referring to pedophilia) When I opened the page I was sickened. There were photos from my grade school high school and up until I was 25. The grade school photos appeared to be photos taken from a year book. But another one was of a disposable camera photo that even I don t ever remember seeing with 2 friends who I am still friendly with. These photos had explicit captions and sexualizing my childhood body. The later ones had personal information such as who I was friends with and under the guise as if I was writing them. For example Just got dun fxcking these two I did all the time in high school. Other ones had photos of me and my friend s kids that insinuated I was a pedophile. I m a mental health professional and have a very private online presence. While I recognize it is unlikely that my patients have come across this I find myself very paranoid. The account had over 100 followers and appeared to be normal people rather than bots. This has been up since June and out of shock I immediately reported it. I was able to grab screen shots of the photos but I regret immediately reporting the account because I would ve like to see if I could pinpoint any clues to who it might be. I grew up in a very small rural town so the options are limited. Any advice? Is there any thing I can do to contact instagram and see if they could show me the page again and also to get the IP address? Would reporting it even do anything? Edit: Added location.

2020-09-21 20:30:12

They won t release any information to you but a lawyer or the police can subpoena it from them if needed.

2020-09-22 00:13:12

Revenge porn and underage photos

Landlord wants me to pay for AC window unit.

Ok. I live in Oregon landlord pays all utilities. I want to put an AC window unit in and he said it will be an extra $35 a month. No where in the lease does it mention this. Do I have to pay this legally?

2019-04-18 23:09:32

Does your lease have a term or is it month to month?

2019-04-18 23:14:24

Landlord AC Troubles

About to incorporate to run a restaurant with a few others. Can someone explain the point below more clearly?

Each Shareholder acknowledges that the customer lists trade secrets processes methods and technical information of the Company and any other matters designated by the written consent of all Shareholders are valuable assets. Unless he or she obtains the written consent of each of the other Shareholders each Shareholder agrees never to disclose to any individual and organization except in authorized connection with the business of the Company any customer list or any name on that list or any trade secret process or other matter referred to in this paragraph while the Shareholder holds or has the control of any shares of the Company or at any later time. How is trade secrets decide? Does it mean it has to be something we all decide that is is for it to be? “At any time later” is that enforceable? Like 19 years later maybe I want to open another store on my own can I not?

2020-07-25 15:59:26

The term “trade secret” is a term of art and would almost certainly be defined in accordance with the uniform trade secrets act (UTSA) and the federal Defend Trade Secrets Act (DTSA). A trade secret broadly speaking is any sort of information that gives the owner holder of the trade secret a competitive advantage and that derives its value from not being generally known. For a Shareholders Agreement corporate bylaws or an LLC operating agreement a term like the one above seems pretty appropriate. I am not sure how enforceable the “at any time thereafter”-type language might be but still. DISCLAIMER: the above is not legal advice and should not be relied on by anyone for anything. No attorney client relationship arises by virtue of this post.

2020-07-25 17:20:49

Non-compete Agreement Legal Issues

Real Estate Agent Got Into Brother s Condo Without His Approval

This is in California &amp #x200B Brother owns a condo and while he was at work a man claiming he s a real estate agent showed up saying he s helping an apartment owner sell his condo and needs to take some photos - he used my brother s apartment number. The front desk staff were skeptical called my brother while he was at work and because he was in a meeting he did not pick up. Somehow the front desk staff gave the man my brother s spare key and he went into my brother s apartment. My brother calls the front desk back about 5 min after the man goes up and tells them he is NOT selling his condo and they have to escort the man out and to get the man s information. They find the man in my brother s apartment make him delete some photos off his phone and camera but somehow lets the man leave without getting any of the man s information. &amp #x200B My brother returned home and hasn t noticed anything off but can tell that the man went through some of his paperwork. Can he file a police report even though he doesn t know who the man is and nothing has happened yet? Pretty concerned about potential identity theft here. Is there anything he can do to take this up with his building s management? The staff are really poorly trained this should never have happened. &amp #x200B Thanks!

2019-02-11 16:25:29

Make sure the front desk no longer has a key for his unit

2019-02-11 16:39:55

Miscellaneous Legal Query

Someone hacked my boyfriends webcam took a video of him masturbating and is now asking for $800 to not post it online. What do we do??

He was skyping with his sister this morning when he received a random friend request from a girl he didn t know. He accepted and she immediately sent him a 10 second clip of him masturbating in his room. It shows his face. She tells him that with the click of a button she can send this video to his friends and family. She claims to have all their names and listed a few random friends from Facebook and my name (his gf and my relationship status is listed on his Facebook). She then told him all his problems could go away if he paid her $800. He never found out how to give her the money though because he immediately blocked and deleted her from his skype deleted his Facebook and his email account. My question is where do we go from here? The police? The only person he s told so far is me. What do we do?? Oh we re in California btw

2013-12-16 18:59:17

Hiya OP This would count as extortion amongst a bevy of other possible charges. You can contact the police and fbi as well as IC3 http: www.ic3.gov complaint default.aspx California is definitely willing to go after these kinds of crimes http: www.cnn.com 2013 03 29 us internet-extortion http: www.nydailynews.com news national revenge-porn-site-creator-arrested-extorting-thousands-article-1.1543700 The FBI and US Attorneys are also getting into these kinds of cases http: www.fbi.gov detroit press-releases 2013 new-york-man-charged-with-internet-extortion-and-cyber-stalking

2013-12-16 20:02:54

Revenge porn and underage photos

Only 5 staff memebers allowed a day off per day (Casual)

Hi I was just wondering if anyone can help me understand a few things I work for a large fast food pizza company and we get told that from when you start only 5 staff members per day are allowed to have the day off we are located in nsw australia as a casual i thought that it is not actual law but they treat it like it is and you have to write down your name in a diary to have days off as soon as 5 people put there name in there thats it they cross out the date and bad luck if your cant make your shift then too bad you lose your job and im not talking days im talking months in advance is this legal do they have the right to do this?

2016-10-29 06:17:26

I m not familiar with Australian law but this just seems like a reasonable policy to me.

2016-10-29 10:06:37

Labor Law Compliance Concerns

A therapist at the rehab I went to has told my personal health information to her friends

Hi all! Seeking legal advice. Last February I was struggling really bad with alcoholism and I voluntarily checked into a rehab detox center in a neighboring town. My second day in there I was taken into the doctor s office where they told me that someone who knew me worked there and it was a conflict of interest. Turns out it was my boyfriend at the time s ex wife let s call her Tracey. We knew she was a social worker who worked in this town but it was a new job for her so we didn t know exactly where she worked. The doctor told me that they were going to “keep her away from me” and make sure she didn t have access to my medical information. Tracey and my boyfriend were on decent terms so I decided to stay. Unfortunately she worked on that unit and although they moved her to a different unit for my time there her office was beside my unit so I saw her in passing multiple times a day. It was very awkward. So this summer my sister was dropping my niece off at her new day care and a girl who worked there asked if I was doing better.....? When I heard this from my sister we figured out that this daycare worker is Tracey s best friend. I let it go. Fast forward to last week. I run into an old coworker whom I love and trust but I hadn t seen in a while. She asked me if everything was okay and mentioned that her son had been to the same rehab I d been to. I d never told anyone I was there with the exception of my boyfriend and my immediate family so I asked how she knew. She turned bright red and admitted she had heard it from a friend of Tracey. I m in Tennessee in a small town (as if you couldn t tell) and I m a realtor. I m really upset because as far as I know it is illegal for an employee to tell anyone at all that I was even there. I feel like this has damaged is damaging my reputation. I didn t get a dui or in any legal trouble and nothing crazy ever happened when I was drinking so there is no reason for anyone in my community to know about my problem. Tracey grew up here and has a lot of friends. I did not. My reputation is extremely important to me as I have to present a certain image to promote my business. I can t afford for her to keep telling people. Is this considered a HIPAA violation? I don t really want to get anyone else involved and damage my reputation any further. But I am extremely mad about it and I wonder what my options are.

2020-09-23 01:50:26

Simply put... yes it is a HIPAA violation.

2020-09-23 02:11:13

Miscellaneous Legal Query

I do not have a way to access my original social security card and I have no idea how to get a new one.

I m 18 from Indiana. My mother has always had my social security card locked up in boxes at her house. When I was 17 she got arrested and she spent 10 months in jail and is now in a state hospital. She won t let anybody have her keys and she will probably be in there for a long time. I need to get a new card because I need to be able to get my license open a bank account etc like a normal person but you can t do that without a photo ID. It s a stupid situation because I also need a social security card to get any form of photo ID. I need each to get the other and I have no idea where to start. Google says they don t make any exceptions for “excuses” so I doubt they ll work with me on this. What are my options?

2018-10-28 18:04:30

They ve started offering replacement cards online as long as you are getting it mailed to the address they have on file. [Edit - it looks like the online service requires that you had previously been issued a divers license in one of the participating states that shares license info. If you ve never gotten a license you have to go to the SS office in person.] It may be easiest to start with getting a copy of your birth certificate then use that and an affidavit from someone that knows you (and will go with you to the passport office) to get a passport then use that to get a drivers license and SS card.

2018-10-28 18:10:12

Miscellaneous Legal Query

Cost to have an attorney handle my elderly mom s monthly budgeting

I am looking for an attorney to handle my mom s money. She s getting too old to stay current on bills makes random purchases etc. I think we can get her to sign PoA. We just want someone to receive her social security checks (and some subsidies from her kids) pay rent and bills (including paying down some debt) and then deposit the leftover cash in her account. How much $ will I be looking at for this task. She will not allow one of the kids to do it. Edit: Mom lives in Connecticut

2016-12-15 22:08:44

An accountant or business manager would cost less than an attorney IMO and be better suited to the task. Her social security checks should be auto-deposited in her bank account and checks or online banking used to pay bills. It sounds like it would take an accountant about an hour a month.

2016-12-15 22:11:44

Miscellaneous Legal Query

Booked and paid venue wants me to sign new contract can I get refund?

I have booked a venue for a large family gathering and paid a deposit that is half of the full amount 8k. Due to covid the date was pushed back one year making it two years since we initially started contact with the venue. I have documentation via email from them that they would change to the new date and carry over the deposit and contract we signed initially. In the past two years the venue has made changes and is now requesting that I sign a new contract with many additional sections and rules. Some of these rules make it a much less attractive venue for the event. If I refuse to sign a new contract what recourse do I have in receiving a refund on the initial deposit? I am in Ohio and here s some applicable lines from the contracts: Deposit and interim payment are nonrefundable once paid. Balance due on Event Contract is nonrefundable once due and paid By signing lessee is confirming agreement to all Venue policies But these are statements made on a contract they are asking me to void (is that what I would be doing??) in favor of signing a new revised version which has about 50% more content through additional sections and additions to existing sections. Edit: info: The main changes have to do with timeline and one large additional cost that was included on previous contract. The previous contract stated we could have the venue anytime between 11am-11pm for 6 hours the new one is strictly 4-11pm which does allow for an additional hour but not the earlier start time we had previously discussed. Additionally the previous contract included our ability to host an informal dinner on the grounds the night before the event and now there is an additional $900 charge for that plus fees. Is it worth it to get a lawyer?

2022-12-14 14:10:42

Start by negotiating: I am not willing to sign a new contract. I am willing to discuss voiding the existing contract with an applicable refund.

2022-12-14 14:16:04

Wedding Venue Contract Issues

[Canada] Is it legal to own a whale vertebra (single back bone) in Canada?

I am not sure if this is illegal because of the endangered species thing. Googling hasn t been super helpful. I can buy one from a private seller. I was hoping to use in display it in a semi public business space so want to be sure. People will see it and I could get reported and fined. If it was my home I would be less concerned.

2021-01-14 02:13:21

NAL. At the very at least the Species at Risk Act section 32(2) states: *No person shall possess collect buy sell or trade an individual of a wildlife species that is listed as an extirpated species an endangered species or a threatened species or any part or derivative of such an individual.* The penalty for contravening this subsection appears to be fines up to $250 000 and or prison up to 5 years. Animals considered extirpated endangered or threatened are compiled by [COSEWIC](https: wildlife-species.canada.ca species-risk-registry virtual_sara files species CanadianWildlifeSpeciesAtRisk-2020.pdf) (pdf warning) and there seem to be a bunch of whales on the list.

2021-01-14 04:11:11

Miscellaneous Legal Query

MA-how does one go about receiving a new public defender?

My court appointed defender has failed to make appointments and court dates. I ve been left alone before the judge while my attorney has left for other appointments. He has offered no advice on how to defend or proceed my case. It s unfortunate to say the least.

2019-05-07 15:45:32

I would begin by contacting the public defender s office. Outline your concerns and request a new PD. Make sure to document everything. If they are uncooperative you ll have to bring it up the next time you re in front of a judge.

2019-05-07 16:05:53

Miscellaneous Legal Query

Virginia Beach: Can I Put A Security Camera in My Own Room (living with roommates)

So I m going to be living with roommates in Virginia Beach and I want to put a security camera in my own room in case something comes up missing. From what I ve read online you can t record in adult bedrooms but wouldn t there be an exception for it being my own room? TIA &lt 3 &lt 3 &lt 3

2017-12-25 23:01:04

Generally it is legal to put a security camera in your own room. You need to be very careful if you are intimate with somebody in your room while recording. Will it be audio recordings as well? Although Virginia is a one party consent state you need to be party in that conversation to record audio. If audio is recording while you are not there and there is a reasonable expectation if privacy you may be in violation of the law.

2017-12-25 23:06:19

Privacy and Surveillance Rights

[USA CA] Is it legal to break someone s car window to save an infant from the heat? If not what penalties can one face for acting upon it?

I know this may be a silly question but we have a law finally being passed to allow breaking a window to save an animal (after calling the police to report it and only if there is immediate danger.) I checked but I don t see any laws Protecting infant s rescuers in the same way. There is no immediate need for this answer nor is there any pending trouble with it on my part it is simply a curiosity question. Our local police department no longer offers legal advice over the phone so without physically going into the station I am seeking the answer here. I apologize if it is not in the right spirits to ask though! 😊

2016-09-26 16:30:28

I m a California cop. Vandalism would be the most relevant crime. Vandalism requires malice so it s *possible* you would be arrested but most likely not. If you were then you d have a hell of a defense I suggest just calling the police. Let them make the decision and take on the liability of smashing the window.

2016-09-26 16:33:46

Miscellaneous Legal Query

[FLORIDA] Judge or Court made a mistake and closed something. Can I get it reopened??

We had several items that were going to mediation. Child support visitation. A couple of motions for contempt. We mediation visitation and child support. Both agreed to drop our contempts against each other. All wonderful. We also had a no-contact that was ordered sua sponte by a judge and I had filed a motion to vacate that order. The magistrate said we had to mediate everything else and we could get one hearing for everything if we couldn t mediate. Well the mediation said we don t mediate a judges order for no-contact. That has to go through the hearing. Okay fine. I m waiting and waiting for the hearing date. I just found out that the judge signed the final order and they closed out everything. Including my motion to vacate. It was never heard and was not part of mediation. I need to know how to get that back on the table. I can refile but that takes a lot longer. I have to wait a couple months to be referred to the magistrate. I have to wait on them to get around to dealing with it. I filed the motion to vacate in APRIL 2015. We had mediation on the other things in December. So it has taken this long. I don t want to go through this long wait again. They should have scheduled the hearing for that alone since we didn t need the other issues heard any longer since those were mediated. How can I possibly get them to reactivate my motion or whatever and get my hearing? Is there a motion to reopen or address a motion that was never heard? I m at a total loss here and very frustrated. Thank you in advance.

2016-02-29 19:43:50

What was your motion for? What were you trying to vacate?

2016-02-29 19:57:44

Miscellaneous Legal Query

My husband (27m) choked me (24f) this morning in front of our child. NY

It was the first morning I started a new job and couldn t be late so I just left instead of calling the cops. My brother called for me and I m going down to the station after work in about 2 hours. My question is will he actually be arrested? Can I press charges? I want him the fuck out like yesterday. He has been refusing to move out and I m worried nothing will happen from this as it s kind of he said she said hours later. Help!!

2019-02-18 19:54:57

&gt My question is will he actually be arrested? Hard to predict but it is possible. &gt Can I press charges? In New York formally yes but private prosecution is rare. Most charges are brought by a prosecutor working on behalf of the state. They may ask you if you want that to happen but the police can also recommend charges without your consent. &gt I want him the fuck out like yesterday. Get a divorce attorney and talk about a restraining order.

2019-02-18 20:01:03

Miscellaneous Legal Query

[Missouri] Bought a house the deed is wrong and we aren t sure what we own.

So my fiance just bought his first house in June. We bought the property outright but still paid to have an inspection done and went through a title company and got title insurance. Better safe than sorry right? Well the first deed we got had his name wrong so we had to send it back. It was at that time we realized something was off about the rest of the deed. According to the deed we own 30 ft of lot B and all of lot A. Now we thought lot B was our conjoining neighbors lot 30 ft of his property would be his driveway and the addition that was built onto his house. So we decided to order a land survey to get to the bottom of what s going on. So it turns out. Lot B is the property our house is on and lot A is the property our neighbors house is on. So according to the deed we own all the land our neighbors house is on and if we own the southern 30 ft of lot B only then we don t even own all the property our house is on. On top of that the property line of lot B goes over an easement road 8 ft into another neighbors property of lot C. So we re kinda assuming that they messed up again and got lot A and B confused on the title. But either way we have some major property issues. Our surveyor is currently trying to pull more records because he s hasn t seen anything like this and we are still waiting for the new copy of our deed (3 weeks so far). We are waiting on a lawyer to contact us back and I am seeking any advice on a few things. How bad is this? Are we libel for it or is someone else? If we ended up buying less land than we paid for do we have any recourse? Thank you all for your time.

2018-08-06 21:42:51

This sounds convoluted...it s probably a clerical error.

2018-08-06 21:45:13

Neighbor Property Line Fence

Amazon “delivered” my $900 GPU

This is my first time posting to a big community so I m new to reddit as a whole. Sorry if I break any rules. I recently ordered an RTX 2080 from Amazon Warehouse for around $780 and it was supposed to come last Wednesday but when I woke up the next day I receive a notification that my order had been cancelled and a new order sold by Amazon and delivered by their service for around $970. I was a bit upset and contacted support who told me I was at fault but could be upgraded to one day shipping instead of two day. It s fine that s not the problem. The problem is my order being marked as delivered on Thursday to the mailroom (I m living on campus) and it was signed by “mailroom” which is weird because they usually sign with their name. I went down and they told me nothing was delivered to their front desk so I contacted amazon and all they could tell me was that I need to wait until Friday. Friday comes but my package doesn t. I contacted them again and they told me to wait 3 business days for an investigation. Fast forward to today: I got a police report pending and contacted amazon multiple times but to no avail since they told me that my package was signed for and they are then clean of any fault and will not take any further action. What should I do? Is a credit card chargeback even possible (I m co-signed by my parents)? TL DR- package delivered and signed by mailroom but nothing was received. I filed a police report but amazon still won t help. Advice?

2019-02-27 18:48:58

INAL but I did have a product I bought on Amazon that they said it was delivered when it wasn t. I asked for a refund &amp they gave it back to me immediately. Who are you dealing with at Amazon is it Amazon or one of the re-sellers that use Amazon s website to sell stuff? Regardless of who it is if you didn t get it then they owe you a refund and if they give you the run around ask to speak to a manager but always be as polite as possible (even though you must be so very frustrated by now). I hope things work out for you.

2019-02-27 19:23:36

Fraudulent transactions via hacked account

I intruded on illegal activity on my nightly jog and I might get reported to the police (CA)

I don t really know how to flair this so I m sorry. So I m out for my nightly jog and my route is to jog to my high school and back home. I usually take a small break and get water at my high school before jogging back. My high school is located next to a middle and elementary school FYI. As I was jogging back home I stopped by my middle school to answer some texts on instagram as my service was gonna be down for a bit til I switched to a new plan. The area I stopped by is down a road that leads into a fence gate that leads into the school. There s a green car with its back window sealed off about 50 feet from me. From what I can tell it s completely off and I assumed it was a homeless man trying to sleep for the night. Anyways a few minutes later I see a middle aged white man approaching me and he starts taking photos of me with his phone. I m pretty pissed off by this so I start asking him what the fuck he s doing and he s telling me he s gonna send the photos to the police. I tell him I don t know what s happening and that I don t want any problems but he gets in the passenger seat of the car and it starts. The car reversed and the drivers window rolled down. An older Asian lady immediately asks me who I am and I just tell her that I m out for my nightly jog and I don t want any fucking problems and that I was just answering DMs over WiFi. I even show her my pacemaker as proof I ve been jogging for the past 30 minutes. She tells me she believes me but then she says that my parents shouldn t have sent me to them and that I was in danger being here and I should go home. They speed off after and I immediately fucking run home as fast as possible within 10 minutes. I told my mom about the situation and she doesn t know what to do. Can I even get in trouble for being there? Maybe I m overthinking it. By the way I have seen the car in the same spot before but it was during the day on a weekend and the car was being searched by a police man. I don t know what to do maybe I m not even in any sort of trouble but I d like some help

2019-08-19 05:00:07

Why did she say that your parents sent you there? What does that mean?

2019-08-19 05:21:44

Miscellaneous Legal Query

Can I still report a rape 8 years later? What will happen if I just go to the police and tell them? (Atlanta Ga)

I don t know what details I should add.

2017-09-20 01:56:14

Yes. Forcible rape has a statute of limitations of 15 years in Georgia. They will likely make a report and decide whether to investigate or not.

2017-09-20 02:00:55

Rape Accusation and Legal Complication

A coach on r sex just posted about observing a student rubbing their genitals and the comments are demanding he report to CPS. From a parent s perspective I wanted to clarify what my reaction should be if CPS showed up at my door? (California)

I m not associated with the post. I m just asking for my own curiosity. Here is the reddit post in question: https: np.reddit.com r sex comments 4hldx1 child_behavior_not_sure_if_im_overreacting_but The description of what the coach observed seems like normal childhood behavior from what I have seen having a daughter of my own. Sometimes children don t properly understand privacy regarding their genitals. The people making comments are looking at this from the perspective of the coach and the child s welfare which is great. But there seems to be a mania about reporting that outstrips the child s action. You may think otherwise if you have or don t have kids. If my child displayed behavior like this and it is reported by a coach teacher what would be the best course of action if CPS shows up at my door? Should I immediately lawyer up before talking to them?

2016-05-03 12:10:21

How old is the kid? What you do with CPS is up to you. It is generally easier and cheaper to work with CPS if there are no problems in the home. But you certainly have the right to get an attorney and go that way

2016-05-03 12:23:40

Miscellaneous Legal Query

Tenant left without paying rent - Guide me on possible solutions please

Hello I would like for some advice on how to deal with this matter. It s a long convoluted story that resulted in my tenant leaving to Court one time and decided to move out. This person left all his personal belongings saying that it was necessary for him to move because a custody case he had going on with his kids. I text him and told him that I needed the place rented so I moved his personal belongings to the garage. it s been 60 days and not a dime from this person. This person has trouble with meth and it got pretty sour between us this was the most stressful period of my life. How can I go about this? This person left a piece of junk car that is parked in my driveway as well. He hasn t come to pick up anything at all. I want to get the car towed and his belonging thrown to the trash. Money is not an issue at this point I want my house clean. I have to text this guy because when we talk he changes his story all the time and doesn t recall many things he promised or said. My question is \- Can I legally dispose of his belongings without any problem with the law? Same question goes for the car. My biggest worry is to get rid of everything and this person might come back and say I stole all this. I sincerely appreciate any advice given \- I m in the state of California by the way.

2018-06-04 17:15:19

The best course of action if you are owed unpaid rent by an absentee tenant is to formally evict them. You will likely have to give notice to the last known address which may be the property itself. Follow the procedures and complete the eviction all the way through to the end including the execution of writ of possession by the sheriff. In most states possession rendered to the landlord by a writ limits or eliminates the landlords liability for abandoned property. You will have to refer to the exact state statutes. At minimum it is reasonable to for you to collect and safely store the unwanted property at the tenants expense however keep in mind that you may realistically never collect any money for your expenses. An abandoned vehicle on your property may be treated differently by the law as opposed to tenant personal possessions and again you will have to consult the relevant law.

2018-06-04 17:47:21

Miscellaneous Legal Query

Wife must volunteer at Religiously-Affiliated Charities [FL]

My wife s employer is doing a mandatory team-building day where she must go to one of four charities and volunteer during normal work hours. She will still get paid her normal salary. All 4 of the choices are christian-centered charities. We are not christian and are wondering what our hypothetical options are. I know that FL is an At-Will state so she could be terminated for not participating but would that be considered religious discrimination since we are not christian? Would donating our time to a religion that we are not a part of be something we could use to get HR to consider other charity options due to legal problems? She works at a large international company if that matters.

2018-05-07 17:44:17

Her employer or her boss? &gt large international company Large international companies tend to have HR departments specifically ones that cover their legal asses. Their HR department may be interested to hear about that.

2018-05-07 21:47:18

Workplace Religious Discrimination Issues

[UK] My Father consented to my sister s surname changing to her step-dad s after he received a text from her but now we aren t so sure that she is the one that asked for it. Is it too late for him to say that he has changed his mind?

First off sorry for the long wall of text. So my parents are going through a divorce that has lasted over a year now and it s really really messy. Sometime around August-September my father received a text from my sisters phone. She wanted to know if he would consent to her surname being changed to her step-dad s surname whom she now lives with along with her mother (who has changed her name already). He double checked and made sure that she definitely wanted to change her name and when she said that she did he said that he would consent. He never signed any legal documents to my knowledge. Fast forward a few months and both me and my father have received texts from my sisters phone that are not written anything like a normal 14 year old girl s messages. They are however written very similar to a 49 year old woman s messages - our mother. If our suspicions are correct this would not be the first time that she has posed as someone else to get what she wants. The main thing that really made us think something was up is that both me and my dad recieved the same text word for word but she was only addressing me and things that I had done that my father knew nothing about. However she never said my name so it s not like she was trying to snitch to my dad on me. He first thought that my sister was accusing him of doing things I had done. I don t want to go into too many things but that text was almost definitely not from my sister. Fast forward a few more months and me and my dad are talking about all this stuff and more. We talk about how my mother was posing as my sister and we start to wonder if all the times that my sister said that she was fine and happy if that was actually her words and not her mothers (we had been drinking so we were both a little bit pissed at the time so emotions may have gotten in the way a bit here) and we were also wondering if it was actually my sister that asked my dad for a name change. We now think it could well have been my mother posing as my sister asking to get my dad to agree. So is it too late for him to go back on his word? She has already changed her name. If not can anything be done about my mother posing as my sister? A couple other points more as side notes than anything. * My mother has said that she does not know what her partner (my step-dad) earns. However in the financial documents we received there included statements of a shared account between them of which a consistent sum is paid in every month by his employer. She has also said in letters to her mother that [name] starts his new job tomorrow I visited [name] s school yesterday . So she s lying. My question is is there any reason why she s lying or she is just an idiot? * She sent in statements to us that the value of her car (that my father bought for her for £8k) is ~£3k. We put what we could into webuyanycar.com and it gave a value of £3.6k. Can we contest her valuation? * I m currently in employment but I m going back to full-time education. I m 18. Will my mother have to start paying child support will my father pay less child support?

2015-06-04 14:04:58

&gt Sometime around August-September my father received a text from my sisters phone. She wanted to know if he would consent to her surname being changed to her step-dad s surname whom she now lives with along with her mother (who has changed her name already). How does she have a step-dad if your parents are still married? &gt •I m currently in employment but I m going back to full-time education. I m 18. Will my mother have to start paying child support will my father pay less child support? https: www.gov.uk when-child-maintenance-payments-stop &gt He never signed any legal documents to my knowledge. He should talk to your sister in person.

2015-06-04 14:09:54

Miscellaneous Legal Query

[CA] Raccoons destroyed lawn Landlord says we have to pay for replacement

My partner and I just recently moved out of a rental property in the Bay Area. The property included a backyard with a small grass lawn. The lawn was re-sodded just before we moved into the unit nearly two years ago. When the lawn was re-sodded whoever did the work did not perform it correctly -- they left the plastic netting on the bottom of the sod which you are normally supposed to remove as you unroll the sod and lay it down on the lawn. This becomes relevant later. The Bay Area has a wet season dry season climate such that it rains a lot during the wet season and not at all during the dry season. In order to keep the lawn and other backyard plants alive during the dry seasons my partner and I dutifully watered the backyard once per week. Especially during the dry season raccoons go looking for green well-watered grassy areas and dig them up to find edible insects. Back in April on two separate occasions my partner and I observed raccoons in our backyard ripping up the lawn to search for insects. Both times we chased them off but they kept coming back and obviously it was not possible for us to guard the lawn 24 7. Eventually the entire lawn was destroyed. It looked kinda like [this](https: www.wildlifeillinois.org gallery animal-sign lawn-damage raccoon-lawn-damage ) except the damage was even more extensive and for about 2 3rds of the lawn the grass turned brown and died from being dug up having the roots exposed. In our case it was particularly easy for the raccoons to rip up the entire lawn because they could just pull on the plastic netting under the grass that had never been removed when the sod was installed. This allowed the raccoons to roll back the lawn bit by bit with minimal effort. At the time we did not take any pictures of the damage or notify the landlord because we did not want to pressure the landlord into re-sodding the lawn figuring that it would be pointless because raccoons would just come back and destroy it again. It was probably a mistake on our part to not notify the landlord or take pictures. Toward the end of April my partner and I got tired of looking at the sad dirt patch that our backyard had become so we cleared away the dead grass and ripped-up plastic netting in the 2 3rds of the lawn that the raccoons had destroyed and planted a garden in the dirt (pumpkins watermelons etc.). After enjoying a delicious harvest from our garden my partner and I moved out of the property this month (August). We did not remove the garden plants before we left figuring that it would be easier for the landlord to find a new lessor with a pretty garden in the backyard than with a dirt patch. When the landlord performed the move-out inspection the landlord discovered the garden where the lawn once was and demanded that we pay to have the garden removed and the lawn re-sodded. The landlord is arguing that because we didn t notify her of the raccoon damage in April and because we didn t take pictures of the lawn after the raccoon damage but before we cleared the debris and planted the garden she has no way of knowing if there was actual raccoon damage or if we tore up the lawn ourselves. My partner and I feel strongly that we should NOT have to pay to have the lawn re-sodded (though we re open to chipping in for the cost of removing the garden -- however the landlord has yet to suggest such a compromise). We have some questions for the legal community: * Legally can the landlord force us to pay for the installation of a new lawn even though the old lawn was destroyed by raccoons? * Is it legally relevant that we didn t take pictures of the destroyed lawn before we cleared the debris and planted a garden and is it legally relevant that we didn t notify the landlord of the damage when it happened? * Is it legally relevant that the sod was not installed properly (that the plastic netting was not removed when it was laid down)? * If we end up going to mediation or small claims court because we can t reach a consensus with the landlord would it be worthwhile for my partner and I to submit a sworn affidavit affirming all of the details that I outlined in this post? Many thanks in advance for your help Reddit. tl dr: Raccoons destroyed lawn we didn t take pictures or notify the landlord when it happened later we planted a garden in the dirt patch where the lawn used to be now landlord insists that we re responsible for paying to install a new lawn.

2020-08-29 18:04:43

As you are expected to leave the property in it s original state aside from what is considered standard wear-and-tear removing a portion of the lawn to plant a garden doesn t fall under that. It was probably the landlord s responsibility to deal with repairing the damage to the lawn initially caused by raccoons. However the situation is now the landlord has to fix an area where you removed sod (albeit damaged sod) to plant a garden.

2020-08-29 19:06:05

Miscellaneous Legal Query

Question regarding the license to a Sound Sample Pack I legally downloaded

Hey I need some help with legal stuff regarding a vocal sample pack I downloaded from this website Antidote Audio and I m wondering if I m allowed to use them in my commercial trailer (its practically a glorified music video). English isn t my mother tongue so this is really hard for me to decipher (this is taken from their website): # Licence Information and End User Agreement **The Audio Recordings Presets MIDI Files &amp Project Files** contained in Antidote Audio products are licensed not sold to you the **individual** **end user** by Antidote Audio. This non transferable and non exchangeable licence is granted to the end user ONLY THROUGH PURCHASE either from ‘antidoteaudio.com or any other authorised Distributor. From henceforth in this agreement the Audio Recordings Midi Files Presets and Project files within the products will be referred to as the **(“sounds”)**  End users are licensed the non exclusive rights to use **the sounds** contained in the products 100% royalty free in commercial or non commercial musical works. These rights are only granted to the end user by Antidote Audio through the purchase of a product. The licensed non exclusive rights are only granted to the product(s) that the end user purchases. By purchase of these products the end user agrees to all terms and conditions in this agreement. Any Recording Midi File Preset or Project File contained within Antidote Audio products remain the property of Antidote Audio. The licensee may not claim ownership of The **Sounds** within these packs. The end user agrees that repackaging reselling gifting or relicensing any **sounds** in part or whole contained within Antidote Audio products to other individuals or groups is strictly prohibited. The **Sounds** contained in the Products may not be sold as part of another sample library whether modified or not. The end user may not copy or sell The **Sounds** except when used in productions as part of a greater body of work. Such Productions include and are not limited to Music Games Live Performances Commercials Tutorials Compact Disc Radio and Broadcasting. The licence agreements are effective for the lifetime of the purchaser. Antidote Audio reserves the right to revoke a granted license if any part of this agreement is breached. Any help would be appreciated. The vocal sample pack I downloaded was free ie. i did not purchase it.

2020-08-29 20:27:21

We do not interpret contract language in this sub. You will have to find an attorney.

2020-08-29 20:56:18

Copyright Issues on YouTube

(NC) I worked 90+ hours in food service last week and won t be making overtime because I am salaried.

Hi All try to bear with me a bit as this is my first post in this sub and I m far from an expert. I (20F) am a university student completing a summer internship for a company that contracts with children s summer camps around the country to handle their food service. I have both specialized roles related to my degree and more general food service duties typical to any establishment of the like. Last week I worked over 90 hours in a 7 day period. We start at 6 am and I was generally in the kitchen until 8-9 pm with no scheduled breaks (only downtime in which we were able to eat our meals). I do not make overtime. The exact language in my employment contract is as follows: &gt This is a salaried position therefore overtime does not apply. This makes absolutely no sense to me. I am well aware that many salaried individuals make overtime when they work over 40 hours a week so the explanation as to why I don t have the same opportunity is confusing to me. I am far from an expert on the FLSA but from what I ve read this week I cannot determine why I would be classified as an exempt employee. Can anyone give me guidance on how exactly this is legal? I m sure that there s some loophole I just want to know what it is. I can provide any necessary information I may have missed apologies if anything big wasn t explained!!

2021-06-02 01:05:51

To be exempt from overtime all of the tests for an overtime exemption need to be met. Executive administrative and professional are the most likely to apply in this context. But professional probably doesn t if you are still a student and executive would require the authority to hire and fire and two direct reports probably not applicable for an internship. For admin it requires discretion and independent judgement with respect to matters of significance and the primary job duties need to be non manual work. US DOL Fact Sheet #17c goes into more detail on the administrative overtime exemption. Can you go into more detail about the nature of the job? If you believe you are misclassified as exempt and the employer refuses to fix it making a wage claim is likely the best option. If this is happening to more people it is worth talking to an attorney.

2021-06-02 02:04:27

Overtime Pay Violations

2 guys crashed my holiday party - 1 threatened to sue me before leaving. There any case here? (Details Inside)

Had a holiday party at my home last night which I own. About 50 guests were present all friends and neighbors. I live on a fairly busy street in Los Angeles. A couple of hours into the party 2 slightly older well dressed gentlemen probably mid-to-late-50s walked in and said they were looking for a friends party got lost saw mine and were admittedly crashing it. They were actually rather nice and respectful. I am a trust worthy and overly generous guy… so I told them it was a little odd of them but invited them to have a plate of food if they desired. 2 of my guests were police officers so I wasn t too worried. An hour later crasher 1 thanked me for the hospitality shook my hand and told me he was leaving. We had a nice send off and he took off. Crasher 2 stayed at the party for another hour and chatted with folks. Crasher 2 eventually thanked me and shook my hand as well. I asked him if he was okay to drive or needed a cab. He said he was sober and left (my police officer friend was present for this). An hour later crasher 1 returned and asked if crasher 2 was still there. I told him crasher 2 left. He then said that he s an attorney and should his friend have been hurt while leaving my house such as hit by a car because he got inebriated at my house he d have to sue me. My police officer friend was also present for this. I informed crasher 1 that crasher 2 left after telling me he was sober… and that he could go fuck himself… and a few other unsavory things. Needless to say it ruined my night and has me a little bummed out and anxious today. Any validity here? Btw I do have homeowners insurance… A standard Gen One policy with Farmers. However I may be switching carriers Jan 1. Thanks

2013-12-15 16:41:30

Generally a social host in not liable for injuries resulting from a guest s drunk driving UNLESS the guest was a minor or the host recklessly served the guest meaning that the host kept serving a guest who was visibly intoxicated. In California there is no civil liability for social hosts meaning that even if you kept serving a wasted guest that guest could not sue you for drunk driving into a pole. HOWEVER there can be criminal liability. So basically Crasher 2 was mostly likely talking out of his ass.

2013-12-15 16:58:11

Miscellaneous Legal Query

My brother kicked me out of my own home.

So I was renting a residence on California s Central Coast. (2 bedroom house) I am the only person on the lease. My brother and his wife and their 3 children ran into some financial problems and needed a place to stay for a few months until this apartment they expected to get opened up. They were certain they were going to get the place so I being the older brother to the both of them opted in to help them out by subleasing my master bedroom to them for the expected 2 months they needed. The 2 months came and went and they unfortunately didnt get the place. They needed to stay longer than I expected. It took a tole on our relationship as I am a single male who is relatively a clean and neat freak. My home began to go in a downward spiral as brother and his family could not meet my request on maintaining the level of cleanliness I am acustomed to. Its fair to note that everything in the home I paid for: furniture tvs appliances dishes cookware recreational workout equipment. Some of my things have been destroyed and broken without repair on their half. Having made several attempts to address my damaged property and the poor cleanliness levels of my home I was told by my brother that I was making a big deal out of nothing and that I needed to stop trippin through multiple exchanges of poor communication things got tense and hostile. I told them that it was time for them to get out and they needed to move. I was told by my brother that if I wanted them out I would have to evict them. They ensured me that if I attempted to do that they would go to my property management and get me thrown out for illegally subleasing to them without my property managments consent. Things get extremely hostile and tensions are through the roof at the point. I didnt know what to and so I just accepted the messy situation. Figured I could get through it somehow until they found another place which was suppose to be april 2019 according to the information they gave me. Well during the course of our time staying in the house and not speaking they managed to break my refrigerator and break the newly installed bathtub. They didnt tell me anything and left me to discover it on my own. They purchased a new refrigerator and put it next to my broken one in the kitchen and transferred their food into that one. This really got my blood boiling but I bit my tongue and held it in. Fast forward to about a week ago. There was some pie in the oven to which I helped myself to a slice. My brothers wife came out yelling at me for having a slice of pie without asking and thats when I snapped. I was shouting and very upset at her for being so petty about helping myself to a slice of pie. I had been so generous to them and had overlooked and withheld my own frustrations regarding their disregard for my things. (Broken fridge broken Microwave broken bathrub damaged furniture and flooring) my brother heard me arguing with his wife and he ran into the kitchen and threw me down on the ground. We got into a scuffle and thats when his wife went to call the cops for help. The cop ran our names and discovered I had a bench warrant for a failure to appear so I was arrested. I was in jail for 4days to remedy my failure to appear on a traffic related matter. Upon my release I was informed that my brothers wife had filed a restraining order against me prohibiting me from returning back to my residence. I have been ordered to move out immediately and stay away from my brother and his family members. I need help on deciding what to do now. I have yet to retrieve any of my belongings and have been stuck with nothing but the clothes on my back and my phone and keys. All the utilities are in my name and the the residence is leased to me. All my belongings are in the home. Wallet and IDENTIFICATION. Court hearing on the restraining order is march 5th. I work a fulltime job and have not been fired yet. But have been asked to not return to work until management will be present. I had just been promoted and it appears this situation in my personal life may greatly affect that now. Im stressed to my wits end and appreciate any wise counsel anyone can offer up. Thank you in advance and so sorry for the long post spelling. Edit: Location: Paso Robles Ca

2019-02-17 22:04:40

You need to go to the restraining order hearing and explain your side of things. A lawyer would definitely help with that.

2019-02-17 22:08:08

Miscellaneous Legal Query

My dog died with sitter off Rover App what can be done?

tl dr I live in Rochester NY in the United States. My dog died while with a pet sitter off the Rover app. Dog was missing dead with the hour of dropping it off. Getting refund but no one is accepting blame for my dog s death. On July 3rd 2021 I made the mistake of downloading the Rover app due to not being able to find anywhere to board my German Shepard Lucy and Chihuahua Bean. “M” (Omitting her name for privacy sake) was one of the first people to respond and responding in a timely manner. We ended up meeting with M and her boyfriend at Cobbs Hill park in Rochester so our dogs could meet each other. Later that same evening she confirmed the boarding of Bean and Lucy (Side Note: There was no mention of a Pitbull living in the home and she said the older dog we met would be at her mother s house). On July 12th I contacted M through via text to see if she was still interested in keeping my family s dogs. After she said she was still available I ended up confirming the dogs stay. On July 14th my family and I dropped off our dogs Lucy and Bean at M s home around 6:10 PM. We had brought the pets dog food bowls treats harnesses beans kennel cage beds and leashes. We stayed around for a little bit to try to make the dogs more comfortable and ended up leaving around 6:30. Before we left I warned her that Bean cannot be left alone due to him being sneaky and if she was not outside he would run off. Around 7:30 PM M called my girlfriend to inform us that Bean had escaped. When we pulled up to M s house she nor her boyfriend were there. They pulled up a short time later M told us that Bean had slipped out of his harness. My girlfriend and son stayed with M while her boyfriend our Germans Shepard and I started to walk the neighborhood to try to find Bean. My girlfriend called the Rochester Police to report this because she felt like they had stolen or sold our Chihuahua Bean. Once the cops showed up they told my girlfriend that she would have to contact Rover and could not file a police report. We then spent the next hour and half walking around the neighborhood but could not find any trace of Bean. Once I got home I contacted Rover by phone to explain the situation to them. I then posted onto the local groups for missing pets on Facebook and Craigslist before I went to bed that night. On the 15th the first thing I did was start going through any public source on the web that reports missing pets around Rochester. I went to the Rochester Animal Control Center to see if they had taken Bean in or if there had been any reports of dead dogs around M s community. They let me walk through to check any of the dogs they had but I could not find Bean. The people working at the Rochester Animal Control Center told me to check with Irondequiot Animal control since M s community borders with their area. I went to the Irondequiot Animal Control and was advised that they had not picked up any dogs last night. While I was picking up flyers to post around M s community I received a text from phone number 585--. The person text me saying her boyfriend had picked up a dog on I-590 right before the interchange to 104 that matched Bean s description. The person provided me their address so that I could come look at the dog. The address they provided me was *** Culver RD. When I got there I was able to identify that the dog they found was Bean. I brought Bean home and buried him in our yard. I found that this guy having picked our dog s body off the side of the road as very suspect. How many times have any of us drove by dead animal s alongside of the road much less picking up the body and then search craigs list for missing pets? Why would he just stop and pick up the dog to bury it other than calling animal control? I told M that I was heading to the person that texted me and asked her to confirm that Bean was wearing his white collar and shirt when they last saw him. She confirmed then text me that she was driving on 590 which I thought was odd. Could she have been dropping off Bean s body and knew the people that text me? Another questionable thing was that the person texting me told me the dog did not have a shirt or collar on which was not mentioned in the Facebook adds Craigslist add or in my conversation with them. A few more things about the whole situation stuck out to me as being suspicious. While my dogs had only been with M for only an hour. She took a picture with her boyfriend and Bean which she shared with the Facebook missing pets group (She never supplied this picture to me directly). In the picture M s boyfriend is holding the dogs head up. The dogs eyes are abnormally wide. Looking terrified in fact. Looking at the picture I can t help but wonder if my dog was still alive when it was taken. The other thing was that Bean was not wearing his shirt or collar when I picked up his body. I asked the person that picked up his body if he had removed them and he stated he found Bean without them both. While it could be possible for Bean to escape his harness and take off his shirt he would not have been able to remove his collar. The last thing was that her boyfriend had a huge Pitbull dog when we met them at the park. While she did not say if they live together I am uncertain if the Pitbull dog was staying in her house while she was sitting our dogs When we dropped off Bean and Lucy there was no dogs seen and the sound of a dog occasionally barking in the back room. So what I believe might have happened was the dog barking in the back room was the Pitbull and once we left the Pitbull grabbed Bean by the neck and shook him. When she called to say Bean “ran away” and she wouldn t be there when she got there before we got there. Could she have been dropping Bean s body off at the guys house that we picked him up from the following day which was right down the street (Under 2 miles away). There were two white females one was an older white woman and younger woman that were turning the corner as we were pulling in. I could tell the younger woman was holding something wrapped in a blanket towel. My first thought since Bean was said to have run away was that someone saw a little dog and grabbed him. Now thinking about it since it looked like they were holding something I m pretty sure it was Beans body. The car that turned the corner the first time came back to M s house while the police was there. This situation was terrible and I just wanted my dog back so I wasn t thinking about all these signs I listed in the moment. Regardless of what happened my family is one person short. We were supposed to be going on summer vacation but instead we have buried a special little dog. Rover is a paid service and M was working for them as a contractor. My family does not know what to do about this situation and we are looking for advice. To date all Rover did make 100 flyers free of charge then offer to cover vet and aftercare expenses. It feels like nothing will be done about this and would like to hear what other people suggest we should do.

2021-07-16 19:26:25

This is regrettably mainly a civil dispute over the loss of your property. I know your dog is more than that to you but most of the legal resolutions will confront the issue on that basis. Rover s terms of service suggest that they position themselves as mere brokers and that your service relationship is primarily with M. It s unlikely but not impossible that Rover has any accountability for M s actions - their decision to refund you could well be a customer service gesture rather than motivated by legal risks. Terms like that aren t absolute but they are suggestive and it s rarely worth the fight. With respect to M they had both a common-law and a contractual obligation to you. Under the contract they had a responsibility to supervise your dog for the period you agreed to. At common law they also had some responsibility for the safeguarding of property they took into their care. I would argue strongly that they failed to meet either duty when their lapse allowed your dog to escape. While they seem to have acted reasonably in helping you look for your dog I also understand your suspicion that they knew more than they told you if your dog died due to something they did or failed to do that would also be a source of liability. The available remedies for this are limited. M s liability is likely capped by the replacement value of your dog and the cost of the services not rendered. That s true whether your dog ran away and died of misadventure or whether they killed your dog accidentally or for lots of other ways this could have happened. The value of a dog is low in most cases - an adult presumably fixed and presumably non-breeding and non-show animal is inexpensive to replace. I can t speak for your area but here I d be out of pocket about $200 if I wanted to pick up an adult chihuahua from the humane society. I realize that that would not replace Bean but that s about what Bean s death is worth in court. M might be criminally culpable if there is evidence that she deliberately mistreated your dog or if her neglect was more than an accident but that evidence is lacking. There s plenty that you feel suggests the possibility and that s reasonable enough but precious little concrete indication that it actually happened. I m sorry for your loss and I understand your grief. Losing something you love unexpectedly and especially when you feel you ve done the responsible thing to leave it in someone s care is hard. I d strongly recommend grief counselling as you deserve the support regardless of how this shakes up. I m skeptical you ll ever get the full story and it probably wouldn t be worth taking this to small claims but you might be able to report the issue to animal control both because Rover is brokering pet care and because your actual caregiver may not have been operating legally but that s about it and you probably won t be satisfied with the outcome.

2021-07-16 19:39:57

Legal Battles Over Stolen Dogs

Sewer Served Foreclosure Court Date &amp Breach of Contract

Our home (Hawaii ) is in foreclosure and the bank is very adverse to reinstating the loan. Why? Well because apparently they make money off of it foreclosing - and if we were to reinstate it they d have to pay back their insurance. We called them for mediation and they said they d need to schedule an interview and they never called back refused to actually schedule it. They sent us plenty of requests for mediation - but refused to actually mediate. Naturally this resulted in a court trial. The court date was moved up several days before the trial and they sewer served us the notice (they moved the trial up without following protocol to notify us.) They broke the law to gain a summary judgement. Apparently the judge doesn t care. Since they ve gained the summary judgement they are refusing to honor the contract and are attempting to weasel their way out of reinstating. Apparently not all states have laws regarding reinstatement - including mine. Reinstatement is a listed right in our contract and we still meet the criteria listed in the contract to reinstate. However the bank has added criteria which are not listed in the contract to be able to reinstate. The worst part is they will most likely buy the home from themselves before they resell which will divest us of any equity in the property. **TLDR: Bank refused to mediate broke law to gain summary judgement in trial refuses to reinstate will likely buy back home from itself for pennies on the dollar to strip all equity and resell for 100% profit. What do we do?**

2016-08-18 01:15:23

We need a location here.

2016-08-18 01:38:36

Real Estate Purchase Challenges

(USA) ~ 3 000 USD worth of personal property thrown away by step mother

Hello I wont share my name but im a 19 year old sophmore college student who lives with his parents and commutes to school from home. Earlier today I had a falling out with my stepmother and I returned home from work to find that she had thrown out my magic the gathering collection roughly just over 3 000 dollars worth of decks and single cards. What are my options within the realm of leagality? Could I sue for this? I had planned to move out quite soon anyway and have a place to stay and while it might seem childish im not exactly afraid to burn this bridge down as ive never particularly had a good relationship with my stepmother and my collection had been built up over years of playing magic... not only the dollar value but the sentimental value of the cards that I can never get back. 100% of the cards were purchased and owned by me with my own money. I live in the state of Georgia if that makes any difference. Thank you so very much for any and all feedback I greatly appreciate it.

2017-09-29 07:09:28

&gt What are my options within the realm of leagality? A civil suit. Georgia s small claims limit is $15 000 so you will not need a lawyer. If you can corroborate the _dollar_ value of replacing your cards - especially if you have a good inventory of the cards - then you can recover that. The sentimental value is not recoverable. Suing your mother is very likely to ensure that you no longer live with your parents. As an adult they are not obliged to house you. You re owed notice like any tenant but not a home. If you develop a valuable collection or take up an expensive hobby it makes financial sense to insure it. It s too late for that with your lost collection but life does go on and you will have something valuable again sooner or later. If you had insurance your insurance may pay out to replace your cards and would consider whether to go after your mother on your behalf. The specific details of policies are worth investigating as some do not cover damages caused by occupants in the same house but when you get your own place talk to an insurance agent about getting renter s insurance. It s worth having even if you don t own $3 000 worth of Magic cards too.

2017-09-29 07:12:44

Mother's Identity Theft Efforts

(CA USA) My brother s GF is having a tantrum and breaking all the stuff in his house. What do we do?

[UPDATE: He drove back. The house is fine. Her text was a lie. Thank you for the quick replies and lowering my stress levels.] They live together in a house under his name. She doesn t have a job and he pays for all their expenses (her phone food their bills etc.). They have been having big relationship fights lately because he lost his job the week before Christmas. She didn t want him to visit my parents and me for Christmas Day. He left anyway and drove about an hour to see us today. She sent him a text message a couple of minutes ago saying she will break all the cabinets and make sure his house will be damaged so he can t sell it. If more info is needed let me know. I apologize if this isn t the place for this post. If there s a better place please let me know. I don t know what we can do. Call the police? I want to help my older brother. Any advice will be very appreciated.

2017-12-25 21:56:32

Call the police

2017-12-25 21:57:29

Miscellaneous Legal Query

Local newspaper has high school kids going door-to-door trying to sell subscriptions so they can be entered into a lottery to win a small scholarship. Illegal or just sad?

I live in Oklahoma. A high school girl came to my house today trying to sell subscriptions to a local newspaper. Every subscription she sold gets her an entry into a drawing for a small scholarship from the newspaper. It got me wondering whether this practice was illegal. It seems reasonable to consider the girl s efforts as an unpaid labor scheme. Even with the scholarship oppurtunity that is still work with only a small chance of pay.

2015-11-25 19:11:00

Maybe make a call to your states labor board. It s definitely a form of unpaid labor plus using minors just sounds sad. Unless the paper is a not for profit it probably isn t considered volunteering.

2015-11-25 21:36:31

Miscellaneous Legal Query

Should I file a rape case if it s already been a week? Can I do it without parents knowing if I m 16?

I live in CA and It s been about a week and I haven t reported it yet. I don t think I have much evidence and I also don t want anyone else that s close to me to know. Is it worth reporting it at this point?

2020-02-12 02:45:04

You should contact RAINN [via phone or online chat](https: www.rainn.org ). It s certainly reasonable to report it. It d be very tough to move forward with no one knowing. If you speak to RAINN you can get a better sense of options in your area.

2020-02-12 02:51:39

Miscellaneous Legal Query

Dog watcher lost emotional support dog. Do I have any rights?

While I ve been out of town (North Carolina) I left my emotional support dog (prescribed by my therapist) with a neighbor who is a dog trainer. The neighbor has known my dog for a few months and has watched my dog during the day before. On Sunday 11 22 he agreed to watch the dog for 6 days and I payed him half of his fees upfront but we did not have any type of contract besides a verbal agreement. On Tuesday 11 24 he called me to let me know the dog was lost but he was confident he would be recovered quickly. It s now 11 26 and my dog is still missing. I believe there have been a few inconsistencies in the dog watchers story about what happened which makes me suspicious but I do not believe he would intentionally harm my dog. Because my dog is an emotional support animal I m wondering if I have any legal rights to help me recover the dog? I have been considering filing a police report because of the inconsistencies but don t know that the police would actually investigate a missing dog. Can the person who lost him be held accountable in anyway? Thank you!

2020-11-26 19:00:28

Being an ESA is generaly irrelevant here. If they lost the dog then you can sue them for the value of the dog. If you think that the dog was stolen you can also file a police report.

2020-11-26 19:10:38

Legal Battles Over Stolen Dogs

Sold my car never got paid (California)

I follow r legaladvice on a regular basis but I never thought I d have to make a post here.... Here are the facts: In April I sold my car to a car buying service. While they typically pay out with ACH we requested a check. Before I signed the car over to them I deposited the check in my bank account and was assured by the teller that there were sufficient funds in the issuer s account (we both had the same bank) for the check to cash. I thought it was odd that the Available Funds portion of my bank receipt said $0.00 as some funds are usually released when I make a deposit but didn t ask about it (I m not sure if that s relevant). Well the check didn t fund. In fact there are no records of any transactions on that day according to my online banking. This makes me think the check didn t bounce because it would show up on my transaction history wouldn t it? I ve contacted customer service they issued an investigation and told me that the money would be credited to my account. The funds were not credited to my account and the customer service department can t determine why. Nor can they find a copy of the check. If I didn t still have my bank receipt it would be like it didn t happen at all. I ve been in contact with the car sales company and they are researching this on their end however I believe that this is an error with the bank. I have yet to find out from the car sales company if the check shows as having been cashed on their end. I m not sure where to go from here...who exactly should I talk to at the bank? Is there a department I m not aware of that can handle this? Is there any way to get them to get to the bottom of this ASAP? I kinda need the money.... The bank is Bank of America. If I m not allowed to mention the bank by name let me know and I ll edit it out.

2019-05-10 21:40:01

Have the car sales company void the check and issue a new one notify your current bank contact the car company s bank and probably file a declaration of loss.

2019-05-11 02:42:11

Car dealership title issue

Painter demanding payment for not choosing him

My question - do I respond to the painters texted demand for money or just ignore it? The details: We decide to paint the siding and trim of our house and get several quotes. We select one around April 15th but they can t start until April 30th - communicating via text. My spouse then engages a decorator to pick colors and ultimately decide to also paint the brick to give the house an upgraded look. We ask the selected painter for a quote to paint the brick and he discourages us from doing so saying it s a bad idea. We tell him we are going to (we are well aware of the higher maintenance costs and potential issues with painted brick). He then sends us a revised quote. We asked for examples of homes where he had painted the brick and he sends us a literal close up picture of him painting the brick on a house. In the meantime the decorator recommends two painters whom we get quotes from that are lower and have many references for brick painted houses. We talk to one of the homeowners and they highly recommended the painter. We committed to this new painter and he could start immediately. On the same day - April 26 - we tell the original painter we have chosen someone else. He responded with a tirade of nasty and threatening texts and in the final one said since he had already bought the paint and scheduled the painters we now owed him $600 for the paint. He gave his address to send him the money. I will note we never gave him any color selections. We so far have ignored his texts. But should I respond saying we never had an agreement and don t owe him anything or continue to ignore this? Edit - location is Georgia.

2020-05-01 10:11:10

If you pay him for the paint shouldn t you get the paint? Also very curious what color paint the painter choose for you...

2020-05-01 10:40:26

Contractors' Legal Woes

I ordered maternity clothes almost 2 months ago that still haven t shipped. I won t be pregnant much longer. Is there anything I can do?

I apologize if this is the wrong place and if so please point me to the right sub if you can. I ordered about $90 worth of maternity clothes 7 weeks ago. It said it could take up to 30 days to receive my order which I understood. But it s been just over 7 weeks now and I m still not getting answers. The company was advertised a ton on my FB (I know now not to order anything from Facebook ads but their website seemed legit when I Googled it). I placed the order and paid through PayPal. The items I ordered were a dress for my shower (which I m doing a virtual baby shower in 2 weeks) and some maternity dresses and pants to wear through the rest of my pregnancy. I have messaged the company on FB and their customer service email. The customer service email I ve been going back and forth with for 2 weeks they tell me the same thing each time the order has been shipped the rest is up to the courtier please track your package. I was also informed these items shipped from the UK which is why they take longer (but none of this was stated on the website and the website said up to 30 days to get your order). When I go to track my package and it says the same thing it has said for over a month: Shipping label processed and then the rest is pending. It has 4 steps to go through and its still on step one of label processed. Also the response I got seemed to he from someone s personal account email with a name on it. Their company messaged me back on FB and said they will look into it.. But I doubt that. At this rate I won t even be able to wear the shower dress I got for my shower and I won t get to even wear any of the maternity clothes I bought because I won t be pregnant anymore or I ll be pregnant for maybe another 2 or 3 weeks when the items finally do arrive if they ever do arrive. (Im about 7.5 months pregnant). Is there anything that I can do? I know with PayPal you can message them if you don t receive your item but since mine is still technically being shipped I don t know if I qualify for that or anything. Any advice is appreciated.

2020-05-07 14:59:53

Usually when it says Shipping label processed that only means they created a label but it has not been scanned at the post office. So it hasn t been shipped yet. Contact Paypal and let them know they have not shipped the product yet and are refusing to give you a refund.

2020-05-07 15:13:01

Fraudulent transactions via hacked account

My sick girlfriend s boss told her she would have health insurance after being full time for 3 months. She s been full time since September and yesterday her boss said she won t get insurance until March because she never coded her as full time

We live in New Hampshire and my girlfriend works for a large chain store. Her boss said she kept getting notifications to code her as full time but just didn t do it. My girlfriend has been struggling day in and day out with different illnesses as well as been waiting over a year now for health insurance so she can MAYBE afford tonsil surgery. It s fucking tearing me apart to see her have to wait everything out never going to the doctor just hoping that she ll be okay. She s been incredibly sick the past few days but has had to keep working because we pay the bills. Her boss got mad asked her why she hasn t gone to the doctor my girlfriend said because she doesn t have health insurance. This sparked the conversation where her boss explained that she never coded her as full time. I m fucking pissed and hurt that she did this so I want to know if there is anyway for us to get some money so we can just find out what the hell is wrong with her. The fact that my girlfriend could be dying for all we know and we will have no idea because we can t afford going to the doctor is the worst. On top of that today is the deadline for getting Healthcare for next year so anything we do needs to be immediate. I have no idea what to do. Edit: This is really blowing up for some reason. Thank you all for your wonderful help we re going to get her insurance on the marketplace tonight. Her boss seems to feel bad and told her to go to a minute clinic and she will cover the bill. Not the greatest but it s something.

2016-12-15 16:13:45

Hi I m am an ACA Compliance Specialist working for a private company. Tell your GF to go to the HR department immediately. If they were supposed to code her as full time and didn t that is their fuck up. It should not affect what she is legally entitled to vis a vis an offer of benefits from her employer. Have her tell them that unless they tender her an offer of coverage effective 1 1 2017 that she will enroll in a plan on the NH healthcare exchange today (as it is the deadline). If she goes to the exchange the employer will be subject to ACA $ penalties so if they are not idiots the will try and stop her from doing that. The deadline matters more for the exchange than it does for the company s health plan. Depending on their relationship with their insurance broker and benefits administrator it is relatively easy to enroll someone past the deadline (for boring reasons that I won t elaborate on unless you are interested.) We have even done it after the benefits effective date. The point is she has to get in HR s face about this and remind them that they should offer her coverage to avoid an ACA penalty. So far as I have seen there is no private right of action to recoup damages or compel an offer of coverage (I.e. lawyering up might not help). If they still don t give her an offer enroll in the exchange today and look into applying for the state s Medicaid program. She might qualify for that. Feel free to let me know if you have any other questions.

2016-12-15 18:13:10

Unfair Treatment in Workplace

Someone is donating to charities in my name to harass me. What can I do to make it stop?

I work in New York State (not city) as a personal injury insurance coverage litigation paralegal so I do have some legal background and legal connections although obviously not in anything like this. This is just personal and embarrassing. My boss would probably send a letter to the charities for me if needed but I d prefer not to ask him to do that and I have connections at a DV legal clinic that does protective orders but I d also prefer not to go to them unless I really actually had something. **Someone is making gift donations in my name to charities that are deeply against my convictions and having the charities send me cards stating what the funds were used for.** There s no indication on any of these cards of *who* the donations are from so I can t prove it but I know it s my mother. Months ago someone started doing the same thing to her (donating to charities in her name) and she s *convinced* that it s me but it isn t and I ve told her this many times! I m at a point where I d honestly like a no offensive contact order against my mother because this is just the latest of her increasingly erratic and offensive behavior. However and perhaps more importantly **I d like to make the charities to understand that they re participating in harassment** and get them to at the very least agree to stop sending further correspondence. The main offender is based out of Indiana. I ve made phone calls trying to get them to stop and it hasn t worked. If I send a certified return receipt letter requesting that they stop contacting me and they continue to do so would I have any recourse? Does anyone have other ideas? Thank you all kindly in advance.

2020-02-14 22:29:12

You can send a cease and desist to anyone for any behavior. It s not exactly a legally actionable document except it does establish that they have been notified that the behavior is objectionable.

2020-02-14 22:43:27

Miscellaneous Legal Query

Not being allowed to leave work when scheduled

I work for a nonprofit organization in the state of New York. I work in a residential setting supporting people with developmental disabilities and my organization follows the guidelines of OPWDD. I ll keep this as short as I can. All houses have minimum staffing requirements. People frequently call out of their shifts and our on-call service is mostly inadequate. As such it is common that workers who work a morning shift are forced to stay and work the afternoon shift when their relief calls out or when there is an insufficient amount of people scheduled to meet the minimum staffing requirements. When these circumstances arise we are told if we leave at the time we are scheduled to leave it is considered abandonment as we are leaving the house below minimums and we could face termination and could be barred from working under the OPWDD in the future. Short of finding a new employer what are my options when I am placed in this situation?

2017-08-06 14:54:59

You re referring to being mandated. I work at a residential group home with kids so we also get mandated to stay within ratio. These types of programs are frequently understaffed. On-call is extremely unreliable. And someone is typically mandated a few times a week. You should have been informed of the mandating policy upon your hiring. If you didn t agree with it you shouldn t have taken the job. This is a reality in this field. If you need a job you can leave exactly at your scheduled time-- residential care is not for you.

2017-08-06 15:22:35

Miscellaneous Legal Query

Ohio-My husband was killed in a car accident recently and I have found out we are tens of thousands of dollars in debt.

Forgive me if this is a little disjointed I am still reeling from trying to wrap my head around my current situation. My husband passed away very suddenly recently and in the weeks since his passing i have discovered that he was keeping huge secrets from me. In going through our financial information I have discovered multiple credit cards in his mine and the kids names that are at maximum balance 2 sets of loan papers from different banks for over $20 000 paperwork that says our mortgage is 4 months behind and a ton of other things that I can barely make sense of. From what I can tell his business hasn t been making any actual money in over a year and our savings accounts are drained. There is evidence that he has been using some gambling website and has lost thousands and thousands of dollars. I ve been a stay at home mom for our entire marriage and he owned his own business so he handled everything with the money. I have no idea how to deal with any of this or what to do. I know I need a lawyer but our accounts are pretty much empty and I am at a total loss over what to do. Are there any free legal options I can look into? I have tried to call a bunch of lawyers and all of them have said they won t give out any advice or counsel over the phone. Am I liable for all this debt even though I didn t consent to my name and certainly not my kids names being used to open credit cards? I feel like an idiot for being this uninformed but I am completely unprepared to deal with this and I am terrified we are going to lose our house and worse. I never in a million years dreamed he would do this to us. Can anyone point me in the right direction please?

2018-10-26 00:22:23

&gt I have discovered multiple credit cards in his mine and the kids names that are at maximum balance Credit cards in kids names or your name that you did not open is identity theft. You should report it. There s a lot of good information on the r personalfinance [sidebar](https: www.reddit.com r personalfinance wiki identity_theft). I m sorry this happened to you. Good luck! Edit: formatting

2018-10-26 01:15:15

Miscellaneous Legal Query

Child Care Provider Not Feeding Child Properly (Alaska)

This is in Wasilla Alaska I am having trouble locating anything that the staff of the child care facility is telling our close family friend. Baby is 14 months old Mom was recently informed that after 12 months per licensing that they cannot feed the child breast milk or from a bottle. For over 3 weeks nowthey have been giving her a hard spouted sippy cup instead. This of course has caused her to go from what used to be 30 oz a day to roughly 8 oz. The baby is now cluster feeding nightly which at 14 months shouldnt be happening. They are starving this child. I have already looked up licensing and told her to call them. But i have been searching for this supposed form or license that says a child at 14 months has to be forced to use a hard sippy cup. They are also refusing to put the child down for a nap before she is picked up. &amp #x200B Sorry if this is all over the place. Ty

2020-08-14 02:13:10

[Here](http: dhss.alaska.gov dpa Documents dpa programs ccare Documents Manuals-Brochures Child-Care-Licensing-Policy-and-Procedure-Manual.pdf) is the policies and procedures manual for Alaska licensed child care providers. Nutrition seems to be covered on pages 104 and 105 although I didn t take time to search much further. It doesn t seem to mention breast milk at all just that bottle feedings at the center should be consistent with bottle feedings at home.

2020-08-14 03:01:41

Miscellaneous Legal Query

Body shop presented a final bill that is thousands over the original estimate. What can I do?

In Atlanta Georgia. Body shop gave me an emailed quote for bodywork and paint back in Oct 2018. I agreed to it. Car has been there nearly a year (its still there) and I was presented a final bill that is $5k more than the quote. Owner said I requested extra work but I know I did not. He said they will keep the car until it is paid off. I have an [email](https: i.imgur.com u0mvQHB.jpg) where he clearly shows the car (with pictures) with all the bodywork completed and then he quotes the original dollar amount we agreed to and says *you got the greatest deal I have ever seen in this business*. This email was from about 8 months ago before I started bitching about the shop having my car for so long. Body shop also destroyed a lot of parts on the car that I had to have replaced. The total for the damaged and destroyed parts is about $1500 but I don t care. I just want the car back. To me this seems pretty cut and dry but I don t know what to do here. I can t seem to locate any specific consumer protection laws from GA online so I am hoping someone here can help me. I have all the emails and texts I ve ever exchanged with the shop owner.

2019-08-31 19:07:58

If you have a written quote they re held to that quote unless you signed off on additional work. See www.legis.ga.gov Legislation Archives 19971998 leg fulltext sb225.htm

2019-08-31 23:02:57

Car dealership title issue

Elderly widowed mom fell for a phone scam. What else do I need to do to protect her money and our identities? [VA]

Location: Virginia USA Last night my mom answered a call from a number she didn t recognize. She gave them her email and Amazon passwords three credit card numbers and an hour of free rein on her computer during which she wasn t even in the room. Mom is in her mid-70s recently widowed reasonably well-off and completely unable to identify scams. I do the best I can to help her out but I live four hours away and can t always be there in person to stop her doing dumb things. I had set up her email so that password change requests go to my own email for confirmation. (A safety measure she knows about and approves of: as we have seen she is *not* savvy.) I got notified of a password change and then a login from India. I immediately called her and told her to shut her computer off as they were still on it when I called. We fired the computer up again long enough to change her email and Amazon passwords. We re going to change them again from another computer just in case they installed some kind of tracker. Already done: * Alerted her bank who are watching the pending questionable charges that came in * Canceled and destroyed the three cards whose numbers she gave out * Removed all payment methods from her Amazon account and canceled the gift card reload the scammers tried to do * Put freezes and fraud alerts on my accounts with Experian Equifax and Transunion (I m 99% sure my dad kept information including my SSN on that computer so I have to cover my own butt too) * Instructed her to do the same * Instructed her to hire a professional to back up all her files and then wipe her computer clean What else do we need to do to protect her estate and our identities? And how do we minimize the damage scammers can do with my late dad s information?

2021-10-08 19:55:34

Check that no one has added a second contact to any of the accounts. Amazon and others allow a secondary email to be added to assist recovering passwords and such. Follow up that your grandmother actually did all of what you asked her to and verify firsthand. Legally speaking you can contact police FBI and file a report but nothing will really come from it. These scams operate pretty much wholly overseas and can easily shut down move reopen.

2021-10-08 20:24:24

Miscellaneous Legal Query

(Florida) company threatened to fire me over asking for PPE now I think I may have hearing damage

The title sums it up well I asked three different superiors for hearing protection prior to using a concrete saw I was laughed at and told to use headphones and then they threatened to send me home if I didnt do the work. Another guy ended up using the saw but I still had to stand a few feet away running a water hose over it and now I think my hearing is damaged. I plan 5o see a doctor to verify this but what are my next steps do I have grounds for a suit?

2021-01-20 14:00:29

If you had hearing damage your recourse would be through workers compensation. Consult with a workers compensation attorney in your area if your doctor finds evidence of any hearing damage.

2021-01-20 14:15:24

Neighbor Noise Disputes

Closing on a home tomorrow - was notified tonight that it needs a large repair.

Just got word tonight that the property I am closing on tomorrow has an issue with the chimney. The estimate is for several thousand dollars.... Our agreement was for the seller to clean the chimney before I move in. I guess they just heard from the chimney cleaning company? that the chimney needs to be resealed and various other things. (Was not found during the inspection) This is a very significant amount of money... about equal to 3% of the cost of the house. How do I proceed? I only had 15 hours or so after hearing about this to closing.

2020-09-01 05:24:45

Are you using an agent? You should ask their advice. You should also speak with your bank if it s a mortgage involved because they may not be willing to finance a property with such a significant defect. You may have a case to delay the closing until this is fixed or re-negotiate the cost of the house depending on how the purchase agreement is worded.

2020-09-01 05:31:41

Miscellaneous Legal Query

Horrible living conditions... Water and mold (Louisiana USA)

I ve had water in my carpet for over a month now and the maintenance has yet to pinpoint where the water is coming from. I m frustrated and I can see that there is mold starting to grow. What do you think I should do?

2015-08-21 15:56:32

Do you live in an apartment or home. if in an apartment see if they will transfer you to another place. If in a home call the city code enforcement and they will make the owner fix the problem. See if you have a tenant council in your town they can help you. check your lease see how to give proper notice of repairs ( certify mail ) then if repairs are not done move out.

2015-08-21 16:40:52

Mold and Water Damage Issues

Sibling claiming residence at my home

Tampa Florida. Basically I purchased family home from other members of my family May of 2019. In the past it served at homebase for most of the family everyone stops by packages get delivered there type of deal. Recently my sister showed up and decided to move into my home. I objected she called the police who informed me that since her drivers license has my home s address they can t remove her and I would have to have her evicted. 1) She has not lived in home in at least 6 years. 2) never paid for any rent or utilities 3) doesn t even have a key to the home Few questions I have: A) How is it when someone purchases a home wouldn t it not clear the residences from the records? B) So can anyone just claim a residence at any home if they have it on their license? C) Due to Covid-19 it s my understanding that the process of eviction is slowed or on hold. Is there any course of other then eviction (legally of course)?

2021-01-20 17:35:59

You may also have to stop letting your family use your house as a home base. No packages. No mail. Nothing. Everyone s stuff gets returned to sender. And be open with them- that you had no problem doing it until sister decided to take advantage and move in so now you have to evict. And then you have to evict her. Give her notice. File for eviction. Since your sister doesn t pay rent and doesn t have lease she is probably not covered by any Covid eviction moratorium. But it s best to (1) talk to an attorney and have them help you handle the process and (2) start the process yesterday. It takes time. There is a small chance that your sister will move out once she realizes that you are serious. All of these things said- if your mom lives with you you need to let your mom know what is going to happen.

2021-01-20 22:40:18

Miscellaneous Legal Query

(UK) Did I assault someone by spraying them with water?

There are 2 men on dirt bikes that constantly make racket outside my apartment to try and get attention of my neighbour. I came back from the gym today and they were revving their engines so asked them calmly to please not do that as it s very loud. They responded by saying they d do what the f**k they d like to and then launched into a tirade of gross sexual comments about my body (I m female). The comments were extremely crude and out of pure shock and anger I sprayed them in the faces with my water bottle. This was deliberate on my part and I did it 3 times. One of the men then drove past me on his bike and tried to grab my bag from my shoulder but missed and ended up whacking me on the hip instead. I then sprayed the remaining man with water once more before he drove off too. Not sure what to do. Obviously I shouldn t have risen to their comments by spraying them with water but I have no idea how to handle him trying to steal my bag from me as that s quite serious. I m in the UK so not sure if I ll be charged with assault for spraying them with water if I report this. Any advice is welcome thanks.

2015-09-02 15:00:33

Good luck on finding an officer trying to arrest you for this is what I would say to them but a couple of years back a man was arrested in brittain for spraying his neighbor with a hose. edit you also might want to try r legaladviceuk IANAl

2015-09-02 15:03:56

Miscellaneous Legal Query

Landlord is charging $3200 in (unfair) damages after I move out and is threatening to go to a collection agency. What do I do?

This is a post for a friend living in Mississippi. He and his wife moved out of a furnished apartment last month and now have received a $3200 for damages including replacement of furniture replacement for counter top and stove and cleaning. I ve personally visited the house when the moved out and I know the furniture does not have any damage worth total replacement. In fact my friends took pictures of the entire house (as memories) and these pictures show the house is very much intact and the charges are unfair. The landlord and the manager have two pictures as proof of damages. These 2 pictures show a burn mark on a dining table and a dirt on a stove top. Neither of which are worth replacement. And they do not have any pictures of any other furniture in the house. Even after repeated discussion they refuse to show more proof or reconsider the charges. I need to add that the landlord also decided to not refund a $250 security deposit they had paid. Now they are threatening to go to collections. The deadline for payment is in a week. What is the right thing to do here? Should they just pay? Or go to small claims court or approach a lawyer? Or is the onus on the landlord to collect the money and should they just ignore all further requests for money and consider that the $250 deposit is not worth retrieving? (They are not worried about the $250. They just don t want to pay the $3200.) TLDR: Mississippi landlord is asking for $3200 in unfair furniture replacement charges. We have picture proof to show furniture is intact. Deadline to pay is in a week..

2015-09-07 23:30:07

Your friend has right to a detailed invoice of the damages and replacement. Do they have one?

2015-09-07 23:58:11

Landlord Lease Deposit Disputes

[IN] Friend s legal guardians denying her access to a bed

My friend (17) lives with state-appointed legal guardians (her grandparents on her mother s side) who are emotionally abusive narcissists. CPS has been involved with the family before but being in the rural Midwest it usually takes strong proof of physical abuse to actually have them take action. Over the course of the last few months she managed to get her guardians to sign custody over to her father s parents but it doesn t go into effect until August and they ve been going out of their way to make her last few months miserable. Which brings my to the title of this post. This morning they told her that they re selling her bed next week and she s going to have to sleep on the floor for the next two months. Can they as her legal guardians even do this? Would this be grounds for getting custody transfered sooner?

2019-05-27 18:11:53

if they do it she should contact CPS immediately

2019-05-27 18:13:53

Miscellaneous Legal Query

Student Loan Hell

(NY) Back in the 90s my then wife and I did a loan consolidation. At the time she had nearly $60 000 in loans from a four year degree plus a masters in education my loans were around $1500 from just one semester at our local Bryant and Stratton. So here we are 20 plus years later and we are no longer together divorced in 2004 and I am still stuck paying for having my wages garnished or my credit destroyed because of this. I have reached out to the loan folks and they have told me that I must have signed in the primary spot when we did the paperwork because even when I m out of work or just ignore it they have never pursued her wages in any way. Her name no longer even appears on correspondence from the loan servicer. I guess I am wondering what legal avenues I may have. Over the years I have paid well over $20 000 towards this but with us both going through rough times we defaulted and the loan is $120 000 now with interest and penalties. Any help or thoughts would be greatly appreciated.

2018-09-17 03:11:06

What does your divorce judgment say about the student loan debt?

2018-09-17 03:32:50

Miscellaneous Legal Query

A company says our website is theirs.

I own part of a web development company in the Netherlands. We made a website for a local business. There is a competitor (big one) in our region who makes websites and print for shirts menu s etc. This competitor made prints for the same local business. On the website of our competitor they have a Portfolio where this customers company is used to show off their work. The page contains the name of the client then **visit our website** which leads to the website **my** company built and then underneath that it says Work for this client followed by images of the work they did. This company has nothing to do with the website and we have not used any of their work on the website but it still says **our.** &amp #x200B My question is: Are they violating any laws or my company s author s rights by saying **Visit our website** while it is not theirs? Edit: I already contacted the company they say: we don t say we own the website anywhere so we ll ignore your email . Update: The company removed the link. They did however send our customer two screenshots comparing Google Search results. Insinuating my company did a bad job. I think I m going to ignore this but still want to ask you guys: Is there something you would recommend I do? Thanks for all the messages and help.

2019-04-02 10:27:47

Have you talked to them? It might be a simple internal miscommunication about the kind of work they do for that customer. If that doesn t work have you talked to your customer? The most practical solution is one where your customer tells them to fix it because they won t want to look bad and lose their business.

2019-04-02 13:22:55

Miscellaneous Legal Query

[NC] For the purposes of a work background check is Reckless driving considered more than a minor moving violation?

I am filling out a work background check. The form requires me to fill out any criminal charges. &gt Have you ever been convicted of any unlawful offense other than a minor traffic violation? &gt This includes DUI DWI worthless checks violations of local ordinances or state statutes that resulted in a fine or incarceration misdemeanors felonies etc. Guilty verdicts guilty pleas prayers for judgment (PJC) and no-contest pleas must be included unless the convictions have been expunged from your record. I received a ticket for Careless and Reckless when I hit the side of a guard rail with my car around 14 years ago. I used a PoJ for the charge. Is this something I m required to mention here?

2017-01-05 19:45:53

I m not a NC lawyer but I am almost certain that a C&amp I ticket is more than a minor traffic violation. It s a misdemeanor. You should disclose it. Also what does PoJ stand for?

2017-01-05 19:54:55

Questionable Arrest Circumstances and Legal Representation

If you own 20% of a property can the person holding the other 80% kick you out of the house?

My bf (24 at the time with a learning disability that makes it difficult for him to read) brought a house in early 2019 with his mom. He didn t ask questions or was told about various things about the house (the HOA ect) and basically just did as his mom said signing for everything. They owned the house for 4 months without him paying anything in terms of the mortgage or bills. When I had to move in she had him sign the same rental agreement as me but she never collected rent from him. I think there was only two months that he paid $1 000 for a 3 bedroom 2 bath house in Northern California. After I moved out in January she demanded back rent then went back and forth verbally about him paying or not having to. Recently she s been pressuring him to fill out a Covid rent relief program form saying he ll get money from it and it will be best for him. She s now saying that if he doesn t apply for the program she ll have him kicked out of the house. She s been very hostile about it and called him a retard for not filling out the form. What are his options? Can she kick him out? She did things from the start that broke the lease (using the garage as storage that attracted rats having security cameras inside the house he and I weren t aware of ect) We ve been applying for apartments to get him out of the situation but it s not easy even with the both of us working full time (she also left him in charge of two medium sized dogs that are difficult to get into a apartment with). We ve been attempting to find a lawyer to ask advice but he works full time and isn t comfortable talking to lawyers and all together doesn t know how to handle the situation. Any advice is appreciated thank you.

2021-09-21 02:40:09

If you own the house and your name is on the title then no you can t be kicked out by a co-owner absent a court order of some type. You also don t have to pay rent because you own the house. There s a lot of important details missing here. He needs to suck it up and talk to that lawyer. If he owns the place he can t be kicked out but he s very likely responsible for seeing that taxes the mortgage homeowners insurance HOA dues utilities etc. are all paid. Moving into another place and being responsible for two homes seems like a bad plan before he fully understands his responsibilities for the first place.

2021-09-21 03:23:30

Miscellaneous Legal Query

[PA] Neighbor planted tree underneath our powerline but on their property - what are my options?

Using a throwaway I ll try to keep this brief - about 5 years ago our (me partner partner s mother) next-door neighbor planted a small oak tree behind his house on his property albeit close to the property line where we all (us and neighbor) park our cars (there s an alley.) At our request he s trimmed the branches every couple years so they don t grow into scratch our cars however the tree sits directly under the power line that connects to our house and is only about 6-12 inches below the wire at this point. I m worried the tree will grow into the wire and I m not sure who is responsible for handling this if it s the power company (PECO) the neighbor or us since the line is connected to our house. Shitty MS Paint layout: https: imgur.com NRrFZa8

2021-07-21 16:45:06

PECO is responsible for maintaining the integrity of the line. If you are concerned call the PECO number and ask that they send someone out. Source: My neighbor was worried about a tree in my backyard called PECO PECO trimmed the tree. No charges to me or the neighbor.

2021-07-21 17:17:10

Tree Disputes with Neighbors

Estate Legal issue in Texas

I will try to keep this as short as possible. My grandfather passed away nearly two years ago. Because his son was predeceased his estate fell on the three grandchildren. One of the three of us is a minor and the minor s parent was the only person in proximity to where he passed at his home. Because of this the court declared the 3 grandchildren the true heirs (1 3 equal split) but declared the minor s mom the distributor (is that the right word? I cannot remember exactly). Basically she was the one responsible for liquidating and splitting the assets. She does not however have any rights to it (unless through her daughter one of the heirs). &amp #x200B The short of it is this- she took somewhere around a year and a half to even put the house up for sale. During this time she lived there completely free. From what I have read it is possible that she had that right however that seems ambiguous. I would add that I have pictures from her facebook where she had MANY other non relatives living there with her in a very small house. The place looked like shit. The photos on the Zillow listing show the house empty but I am suspicious that she and maybe others is actually living there for free. The house is listed approximately 30k above the estate estimated the value of the house (which is like a \~40% increase) and it has now been listed roughly 80 days. I think she is intentionally trying to prevent the house from selling either hoping the issue will disappear for her or that she can at least drag this out for a long time. She is a trashy person that has basically nothing. I am not really interested in going after her as I know I would get nothing but a bad taste in my mouth. I really would just like this matter settled. I am curious as to what rights I may have as an heir.... Specifically can I contact the listing agent and ask about offers made and plans etc.? I am curious if reasonable offers have been made and she has turned them down. Further is there anything I can do to push this to the finish? I obviously already intend to lawyer up but when I do I want to have some goal posts in mind. &amp #x200B Any help or info on this matter would be extremely helpful. I will provide more info if I have it upon request.

2019-02-12 17:16:33

Executor? I am guessing that is what you mean. Not sure of relationships here but let me guess. GP had one son (S). S had three children (A B and C). C is a minor. S predeceased GP. C s mother (M) was appointed Executor. A and B are both not minors. M has a fiduciary duty to A B and C. If she is failing in her duties A (or B) can petition to have her removed as Executor. She likely will still be Trustee to any share held for C. Can she live in the house? Maybe. Was she living there before? Is she paying rent? If she has listed the property above market value in an attempt to continue to stay there free it is a clear breach of her duty to A B and C. The listing agent will likely not deal with you until you are installed as the Executor. This can be accomplished through the probate court in the county GP passed.

2019-02-12 17:28:07

Family Estate Disputes

My parents threw out all of my belongings while I was travelling - BC Canada

So I just got home to Canada after being away for 7 months in Australia to find out my mother and stepdad donated all of my clothes and pretty much everything I own to the salvation army threw in garbage. I really need advice so if someone could please read my story I would really appreciate it. I live in British Columbia Canada. I needed to put my items in storage when I was planning on travelling Australia so I asked my mom and stepdad to help me move out of my apartment and store my items and they offered to help me if I paid them something like $100 for the gas I agreed (stepdad has a work truck). I had packed about half of everything and they came over and helped me pack the rest(along with my friends) I put all of my clothes into garbage bags (about 8-10 bags) we moved all my necessities (including mattress duvet duvet cover desk bed frame everything I owned) into the work truck and I told them to just put all my stuff under their house in the basement. I was originally going to donate some bags of clothes but I didn t have enough time to sort through them so we donated some furniture (my couches) to the salvation army they wouldn t accept one of them so my stepdad said he would go to the dump and throw it out. I told them I d deal with everything else when I get back in a year or so (they have a lot of storage space). **Fast forward**: I had to come home early due to covid so after about 30 hours of travel I arrive back in Canada to my parents house. I went under the house because I wanted to wear a big comfy sweater that I missed (I only brought a suitcase of summer clothes to Australia because I knew it would be much warmer there). I go under the house and can t find any bags of clothing... I ask my mom where she put them and she said I m not sure whatever isn t there was donated . WHAT?? They never said they were going to donate anything as I asked them to keep all the boxes and bags. I asked further and she said that my roommate told them they could be donated I immediately messaged him and he said that he heard them joking about just donating the items when I left and he said he chimed in and said that he himself got rid of all of his stuff and joked around with them. I told her that excuse was bullshit and they could have had any ANY type of communication with me and I would told them to NOT get rid of the items... My mom then said that some of the boxes were ripped and the bags had holes in them so she got rid of them. I continued to search and couldn t find much of anything. They got rid of my duvet mattress both of my memory foams pillows drawing books with all my drawing supplies VR headset Samsung galaxy s8+ (including photos and memories that I did NOT upload) 500$ headphones Google nexus iPod Nintendo 3ds stereo system they were ALL GONE along with all my clothes. They would not have sold my items (they aren t intelligent enough to figure out prices and sell them). So they just threw out or donated them because they didn t want to deal with them. What they DID keep was reorganized into boxes and they labelled themselves. They kept DVDs CDs my Xbox 360 my computer and monitor and a bag with some jackets and shoes and then pots and pans. I am beyond heartbroken. I had so many sentimental items from travelling and clothing items and if I knew they were going to do this I would have called literally ANYONE else to store my things. I am talking to them tomorrow since my stepdad comes home (he works in a different city) and I literally don t know what to do. I am in 14 day isolation so I haven t been talking with my mother. I know my stepdad will try and shove it back in my face by saying oh you left us with too much shit! But they didn t say ONE word to me that they didn t want to deal with it. I am a grown 25 year old man and they treat me and my belongings like I m a child. Do I tell them to repay me for all of the items or talk to a lawyer about this? I am so nervous about the talk tomorrow - My step dad is quite manipulative and gets rid of things that clog up space for him and my mom is a push over and gets stressed at the smallest things and is very emotionally immature so tomorrow is going to be very difficult. I don t have any intention of talking to my parents ever again after this. I trusted them and they completely betrayed that trust. All it would have taken is a phone call and I could have gotten someone to pick up my stuff or hired a moving company to put it in a storage locker. I feel empty and like I have nothing now. I was super into fashion and had so many expensive designer items professional workwear and winter clothes that were donated and things collected over the years from travelling concerts festivals. Can anyone **please** give me advice on how to deal with this? I m overwhelmed at the moment and am quite exhausted from crying so much.

2020-04-17 12:39:52

When the courts open back up you ll have to sue your parents for the appropriate value of the items and let a judge figure it out. That s your only legal recourse.

2020-04-17 13:10:11

Parental Disputes Over Personal Items

Roommate arrested cops took my passport during search and seizure making me miss my flight and cruise trip to a foreign country

To start off I was not aware of my roommate s alleged crimes and no charges were filed against me. I had my passport in his safe because I thought it was the safest place to keep important stuff and I trusted him (long time friends). I was forced to wait outside while the cops searched our place. They interviewed me and concluded that I was not involved in anything illegal. After the cops left I noticed that they took my passport from my roommate s safe (it said so in the voucher receipt they left). The flight and the cruise trip were scheduled for the next day. I missed both of them and neitber of them was refundable. What are my options? Can I legally ask my roommate to compensate for my loss? What about the cops? They took my property which without a doubt had nothing to do with my roommate s crimes. Thank you. Also this happened a few weeks ago if that makes any difference. A few posts below me reminded me to post this.

2016-05-23 06:16:53

&gt Can I legally ask my roommate to compensate for my loss? Yes. You might even succeed at suing him for your loss though that is debatable. &gt What about the cops? No. The cops have zero liability here.

2016-05-23 06:34:00

Miscellaneous Legal Query

[GA] HOA is going to get cars parked the wrong way ticketed.

At the last yearly meeting the HOA board said they are going to start calling the police on people who s cars are parked on the side of the street and are facing the opposite direction of traffic. I ve read about this happening before on different sites but after a quick search can t find the actual law. Does anyone know where that law is written or have any thoughts? Thanks.

2018-03-17 22:49:08

Right (edit: I think I meant left) wheel to curb is illegal pretty much everywhere. Because you cannot pull out without going the wrong way against traffic.

2018-03-17 22:50:58

Miscellaneous Legal Query

(Maryland) Just came home to a sheriffs deputy sitting in my driveway saying he had gone through my house

A friend of mine is in a legal dispute with her husband and both sides have tried to serve protection orders against each other. I just came home 30 minutes ago to a sheriffs deputy sitting in my driveway informing me he had went through my house when the door was unlocked. I was 50 feet away from my front door behind my house when the officer claimed to have yelled sheriffs department before entering. He said he was trying to serve papers to my friend. Do I have any legal repercussions that I can bring against this officer.

2015-08-28 21:07:23

Hmm thanks just thought it was a bit astounding that a cop could just walk through my house without a warrant or invitation.

2015-08-28 21:19:02

Miscellaneous Legal Query