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Is it legal for my work to require me to be under 24 7 surveillance? Vermont.
I am a salaried hourly employee at my work which means that I m referred to as a salaried employee and receive benefits but am payed by the hour and can work 40 hours a week no more or less. Part of my duties is being on call 24 7 in case one of our execs is overseas and needs something ASAP. I m pretty positive this is legal because if we get a call outside business hours we get a $50 bonus on our next paycheck which is more than four times my hourly rate. Normally this isn t an issue since I ve only gotten one call in the three years I ve worked here but it can be pretty stressful because not answering for any reason means automatic termination. Because of this policy we were issued cell phones that we have to carry at all times. This hasn t been a problem at all until now. Today I was at my desk and one of my co-workers came up to me and told me to go listen outside the door of the IT office. I heard moaning and thought someone was having sex in there until someone yelled my name. I had a sinking feeling I knew what it was so I went in and low and behold I found all five of our IT guys rolling on the floor laughing at a recording of me and my girlfriend having sex obviously taken from my work phone. There s nothing to see because the camera was pointed at the ceiling but the audio is crystal clear. I m a pretty enthusiastic guy and apparently this is hilarious. I went from there right to my boss s office and demanded as politely as I could that I go back to using my personal cell because I wasn t comfortable having people at work able to tune into my most personal moments. My boss basically shrugged and said it was policy to use our work-issued phones but that he would tell IT not to abuse their power and only activate the mic record when they were specifically directed to by someone s superior. This is NOT enough for me. It should go without saying that no one wants to be monitored 24 7. The camera isn t really an issue because I can tape it over but I can t imagine it s just a-ok for my company to say you re not allowed to have a private moment or conversation ever . I feel like Winston Smith. If I could obviously I would quit. This is ridiculous and while I know this sounds a little hysterical I ve never felt so invaded in my life. But I have six more months left on a contract I had to sign after going to a mandatory training that my company paid for. The penalty fee is several thousand dollars and right now the only thing that annoys me more than my company listening to my every move is the idea of paying money to leave a company that thinks something like this is ok. Based on how slowly the law seems to be catching up to technology I don t have a lot of hope here but I wanted to at least ask. Is what they re doing really totally legally ok? If it matters it s a relatively small place but we definitely have more than fifty people working here altogether. Tl dr: required to carry work phone at all times. IT department used work phone to listen to me having sex. Can t quit for six months. Any options?
2016-04-28 18:25:56
839
Im gonna go with a different track here and say that this counts as workplace sexual harassment. [This](http: women.vermont.gov sites women files pdf sexual_harrass.pdf) should help you out even though it talks about women the law itself is gender neutral. The group of guys sitting there recording sharing and laughing about your private sex life definitely falls under the hostile enviroment provision.
2016-04-28 20:22:58
1,778
On-Call Pay Legality
38,360
They turned off our power. Victoria Australia.
So my family and I own an on-site caravan. We are allowed to keep the power on when we aren t using it. Due to COVID-19 we couldn t use it the last few months. Today after 2 months come back we where told to call before we came back. So we called and then headed to the caravan. When we got here the caravan smelt. We check the fridges and the stuff inside soft drink cans are warm the stuff in the freezer is thawed and refrozen and we have had to throw out over $100 worth of food. It was obvious the turned off the power and didn t warn us to get come collect our stuff and when we called they turned it back on. Is there anything we can do. Especially since they saved money turning off the power and we were still paying the same rates even though we couldn t use the caravan at all.
2020-06-30 07:26:59
11
Who turned the power off?
2020-06-30 10:37:53
2
Electricity Bill Payment Issues
133,629
Legal estrangement as an adult?
Hi all my abusive father has reappeared in my life asking if I would like to legally finalize our estrangement but I am 22 and have not lived with him since I was 15. I do not believe there is anything legal to do in order to finalize an estrangement that in my view became final when I blocked him on everything at 19. Everything I have googled agrees with me but I don t want to tell him he s a moron unless he is one. All I can think of is omitting each other from our wills but is there anything else I could do to make sure he is out of my life for good in any legal sense and that I am out of his life life for good in any legal sense? Or was that severed when I turned 18? Edit: I m in Ontario Canada
2020-01-16 16:56:44
5
Don t tell him anything just ignore him. You have a good grasp on the situation.
2020-01-16 16:59:17
16
Miscellaneous Legal Query
126,063
Paying to pick up packages
Hi I m a (law) student in Indiana and I just have a question about the legality of a practice of my apartment complex. It s primarily students who live here and it s pretty tight security. You need an electronic fob to enter the building and to work the elevator enter the floors of the building via the stairs and a separate key to enter individual apartments. Our mailman does not have access to a fob and just drops off our mail in the letter boxes which are too small to fit packages. The package delivery is done in the main office. The problem with this method is that the main office doesn t have an effective method for letting you know you ve received a package. Management recently imposed a new rule that if you have a package delivered and it remains in the office for 3 or more days you have to pay a 15 dollar fee to pick it up. Is it legal to charge the recipient of a package a fee to pick up mail? Thanks in advance!
2014-02-10 22:08:00
9
If it s the USPS that s concerned contact the local postmaster. Interfering with mail delivery is a federal offense.
2014-02-11 03:13:42
13
Fraudulent transactions via hacked account
5,539
Artists work used in calendar without permission.
Please can you advise me or maybe point me in the direction of someone who can. I have a friend who is an artist. In 2012 they completed a regeneration project for their village. It entailed designing digital photo-montages to recreate windows and doors on empty shop fronts. The project has been so successful that it is credited with increasing tourist numbers and business in the village. It has had substantial newspaper and TV coverage. It has come to our attention that a photographic company has created a calendar entirely based on her images. Her name and a copyright symbol is on each image so I am wondering if the company has a right to do this without acknowledging the artist. In Ireland.
2016-01-29 17:49:10
7
*I am a bot whose sole purpose is to improve the timeliness and accuracy of responses in this subreddit.* --- **It appears you forgot to include your location in the title or body of your post.** **Please update the original post to include this information.** ***Do NOT delete this post and create a new post with the requested information*.** --- [Report Inaccuracies Here](https: www.reddit.com r LocationBot ) | [GitHub] (https: github.com ianpugh LocationBot2.0) | [Author](https: reddit.com u ianp) | LocationBot v2.0.0 --- Original Post: Author: u ojoman2001 **Artists work used in calendar without permission.** &gt Please can you advise me or maybe point me in the direction of someone who can. &gt I have a friend who is an artist. In 2012 they completed a regeneration project for their village. It entailed designing digital photo-montages to recreate windows and doors on empty shop fronts. The project has been so successful that it is credited with increasing tourist numbers and business in the village. It has had substantial newspaper and TV coverage. &gt It has come to our attention that a photographic company has created a calendar entirely based on her images. Her name and a copyright symbol is on each image so I am wondering if the company has a right to do this without acknowledging the artist.
2016-01-29 17:50:10
2
Copyright Infringement in T-Shirt Design
32,711
Child given someone else s breastmilk at daycare
My 8 month old child was given another mom s (let s Call her Debra) breastmilk by one of the daycare workers. We talked to our pediatrician and he said we need Debra s medical records including hepatitis a b c and hiv results. Apparently she did get these tests done but is unwilling to share the results with us or the doctors office. She states that the results were all negative but she doesn t want to release the results. We have also tried talking to the daycare owner but she has been largely unhelpful. What can we do here to get the results? Also is there any basis for a negligence lawsuit against the daycare?
2019-07-23 20:07:15
6,915
&gt What can we do here to get the results? Nothing you re not entitled to them. You asked she said no. Have your child tested that will be more conclusive than the other mother s test results anyway.
2019-07-23 20:43:54
5,286
Miscellaneous Legal Query
116,336
Do I have a case and how can I get my brother the help he needs?
Hi I m dealing with some Facebook drama and I was wondering if I could press charges or receive some kind of justice for my brother. My brother has mental disabilities and also suffers from alcoholism. He hangs out with really awful people who get him drunk and then pull pranks to laugh and make fun of him with. Its super cruel. He s basically their entertainment. Anyway his friends recorded him very intoxicated and posted a video online of him making a fool of himself. Over 29 000 people have seen this Facebook video and the only way I found out about it was through his kids sending me the video. It s fucking horrific. They told him to strip naked and run around the block for $500. In the video you see the man holding $5 instead of $500 and they snicker and call my poor brother (who is super intoxicated) a madman . I sent the poster a message I commented on the post and even reported it to Facebook but these were all dead ends. My brother needs to stop interacting with these people and stop the alcohol to get his life in order but the only place he gets liquor is from these awful people who pretend that they are his friend. He can t get better unless they back off. I know I can t help my brother unless he wants to be helped but he has mental disabilities and sometimes cannot see things logically for what they are. It s so fucked up. He doesn t know that these people aren t his friends and that they are making fun of him. Please help - any advice at all is SO appreciated. I want and need justice for my poor brother. If we don t do something soon he will die of alcoholism. Thank you.
2021-04-03 21:03:11
7
is your brother legally competent?
2021-04-03 21:05:17
12
Miscellaneous Legal Query
143,946
My new place is borderline unlivable and a health hazard
Hey all you beautiful redditors. My girlfriend and I just moved out of our apartment and moved in to this cozy duplex unit and I wish I can say it s been nice. Also moving into this place I knew that a management company would be a pain in the ass to deal with compared to most managements at a lease office in an apartment complex but this is driving me crazy. The duplex is built on a slight slant and our bathroom is the lowest point and we have had a near endless problem with sewage. We have to clean human fecal matter toilet paper bits and other garbage off of our bathroom floor way to often and same with our drain pipe for our washer. We haven t been able to wash our clothes cause it s gotten so bad and the last time we did use our washer it flooded our laundry room. In the month and a half we lived here we have had 2 plumbers come and remove the toilet to run a snake and obviously those have only been a temporary fix. This most recent build up happened on Saturday and management didn t respond to our phone calls texts or the case request we put on the portal. We gave them til Monday (yesterday) and instead of sending a professional they ended up sending who I assume is their “in-house maintenance guy” who said “I m here to flush your system out”. Bro…it s not going to work and guess what… After hours he ended up flooding out both the shower and washer drains then says “this problem is a lot bigger”. YEAH NO SHIT! He got more poop and toilet paper bits all over the floor and then left after I just cleaned it for the tenth time… 🤦‍♂️ The house is old and we get that. We don t flush wet wipes or tampons and tbh we barely use toilet paper since we have a bidet…We ve also avoided doing anything ourselves cause the last thing we need is the blame to be shifted to us. This should be considered a health hazard and it s absolutely disgusting. So I guess my questions are: (1)Is there something I can say or do to hold them accountable and to get them to get on top of fixing this? (2)Is this enough reason for them to break our lease or do I have legal options if they refuse? And (3) where can I report them if they keep avoiding to fix this? I m in Utah if that makes a difference. Thanks for taking the time to read through this :)
2022-08-02 19:06:34
11
I urge you to put a complaint into your local health department. Put one into your city or town government to have a plumbing inspector inspect your home too. Both of those places will hold the landlord accountable Your landlord should provide an alternate home for you. They provide a different unit or house or they reimburse you pay you for a hotel. If it s bad enough possibly move out and then have them reimburse you for a hotel if they don t sue them. Document any time you notified them and their response If you have sewage that s flooding your home that s a major health hazard
2022-08-03 00:07:40
5
Mold and Water Damage Issues
160,371
Recently built in a new neighborhood in Des Moines Iowa with no existing HOA. Now neighbors want to start one.
Hello all - Three years ago I inherited and built on a plot of land in an undeveloped area. I was the only house at the time and there was not an HOA in place as the rest of the land was undeveloped. The owner of the land back then didn t plan on doing anything with it but now that owner passed away and left their land to someone who sold it all as parcels for a development. Over the past 3 years 15 other houses have sprung up. All except one of the owners wants to create an HOA. They have selected 6 people to act as the board and the board has come up with their initial set of rules. I am not opposed to HOAs in general but I do disagree with the rules the HOA wants to enforce - I am already in violation of 6 of them. For example I do not have an attached garage and they require a minimum 2-car attached garage for every house. They limit dogs per house to 2 and have breed restrictions but I have 4 dogs and two are breeds they don t want to allow. They don t allow above-ground swimming pools keeping of non-pet animals (I keep chickens in the back yard) and you re not allowed to keep boats on your property you have to store them elsewhere - but I store my boat on my property. And my house itself is not up to their aesthetic standards nor are my garage shed. I restore classic vehicles and do a lot of work on my land but now almost no car work would be allowed on my own property. If they create an HOA and I am bound by it it s going to be very costly for me to be in compliance with their rules. I have lived in an HOA-governed home three times in the past and it has always been a pain. If I had known that this land would be sold and developed within a few years I would not have built here. I am having a hard time finding laws for starting a new HOA in Des Moines. I found stuff for what to do if I don t agree with new rules but not if I don t agree with having an HOA at all. I have these questions: 1. Can they create an HOA and make me bound to it even if I don t agree? 2. If they do that am I grandfathered in with the existing state of my property - or do I have to make changes to come into compliance? Thanks.
2015-01-04 14:33:48
134
1 - they can create an HOA but cannot bind you to it without your agreeing. 2- that would be up to them and you.
2015-01-04 14:37:58
125
HOA Legal Issues
12,183
Convicted sex offender in my Discord server
I am the administrator for a Discord server that has users from their teens to their 40s all of whom regularly text voice chat and share images. It has recently come to my attention that a member of our server (let s called them Z) is more likely than not a registered Tier 2 sex offender in the state of Pennsylvania. The offense convictions are 6312 Sexual Abuse of Children-D) possession of child pornography and C) dissemination of photographs videotapes computer depictions and films. Some background: Z had been messaging with a moderator in DMs and in doing so revealed a document that had their full name. This moderator (over 21) had felt uncomfortable with the frequency and tone of DMs received from this individual so s he looked Z s name up online. The first hit on google wound up being a reference to a Megan s Law post about an individual with the same name. By cross-referencing the information provided on the Megan s Law database with information provided by Z on the server it was possible for the moderator and myself to match name age ethnicity city place of employment work location image (google maps image matched with posted images) and car make and model. As a result we are almost definitively dealing with the same individual. As we are a relatively small close-knit group it would be impossible to remove Z without having questions from both Z and other members of the server. That said for the safety of the minors on our server and our own peace of mind we really want Z gone. (We regularly do gift exchanges and projects that require address swaps and we just can t in good conscience allow this individual to be around for that). We are trying to find the cleanest most legally sound way of removing this individual. I know that the Megan s Law website requires you to accept terms that state: “Any person who uses the information contained herein to threaten intimidate or harass the registrant or their family or who otherwise misuses this information may be subject to criminal prosecution or civil liability.” Here are the [Discord Terms of Service](https: discordapp.com terms?next) and [Privacy Policy](https: discordapp.com privacy?next). My questions are: 1. Is it legal for Tier 2 sex offenders in PA to use Discord to communicate in a social media server with minors (both by law and or by the terms of use of Discord)? Should we be notifying authorities and or Discord?
 2. If there is nothing illegal about this activity how can we remove them from our server without violating Megan s Law access terms and or Discord user privacy terms?
 3. How does liability work in a Discord server? If this individual somehow wound up not being a sex offender and you removed them on those terms can server admins and moderators be liable for defamation? If you allow them to stay and something were to happen to a minor is there liability? I would be very grateful if someone could help us to figure out the most legally sound way to remove this individual alert appropriate officials if needed without stirring up additional legal issues. Thank you!
2017-05-06 10:56:04
220
I think this is the first time I have ever seen someone worried about the *legal* consequences of kicking someone out of a chat room. I mean just kick the guy and be done with it it you are *that* sure of things and he still makes your mod feel uncomfortable. Then again you seem like you really want to be able too sell this to your members so: There was an r askreddit thread the other day about what we hate most in movie dialogue and some of the top answers basically said: &gt If you can easily prevent resolve something by a ten second conversation with someone *just fucking have that conversation*. So I say confront Z privately about what you found tell him you are uncomfortable with him in the chat room if the information is accurate and allow him a chance to prove otherwise. I don t see how that would break any of the ToC s or constitute misuse of the information as that is literally using the information for its intended purpose.
2017-05-06 12:22:10
387
Revenge porn and underage photos
59,040
Facing divorce - spouse trying to force a postnup beforehand
I am a SAHW - I have no income and feel financially trapped - my spouse wants me to focus on school instead of work which I agree but if we fight house keys car keys credit card etc are taken away and phone shut off etc. so I d prefer to have my own income but it s strongly discouraged. We are facing a potential divorce and though I offered and filled out a prenup they never sent it in and even though I don t really want anything when I go I fear I m being naive in giving up my rights at this point - though I am in a controlling situation I do not want to be in and will suffer daily consequences if I refuse but I deal with that regardless. CA married one year no surprise they re 20 years my senior. (Don t believe people who offer to save you! Save yourself!) Should I just sign it? They re threatening to sue me for every expense I ve incurred over the last year (all gifted at the time never an expectation of repayment) and accuse me daily of using them for a free ride (not true). Thank you for reading.
2020-01-16 20:30:46
95
Don t sign anything. As a married couple you have equal rights to access marital funds (his pay checks). You should go speak with a lawyer and explain your situation. It may take going to a few but eventually you should be able to find one that won t require a fee up front and who can start the separation process including a temporary spousal support allowance while you get back on your feet and go thru the divorce process. You aren t the first one to go thru this. Right now you have just as much right to the marital assets as he does. You need to exercise your rights. If you don t know them that s where a lawyer comes in.
2020-01-16 20:36:10
196
Divorce and Alimony Battle
126,071
[Pennsylvania] Can I quit my union?
I m a member of AFSCME. Our union contract used to have a clause saying something like if you wish to resign your union membership you must do so within 15 calendar days of the contract termination date . Our current contract doesn t say that. In fact our current contract doesn t even include instructions on how to resign. It says nothing about leaving the union. Last year s Janus ruling says unions can no longer force membership. Normally this applies to fair share members who don t want to be in the union but were forced to pay dues anyway. I m a full member and have regretted that choice for years. Does this ruling mean I can quit AFSCME at any time now?
2019-10-08 12:38:52
8
Janus only applies to fair share members as you indicated. They never joined the union but the old law was that they still had to pay fees for the benefits of having a union to protect them. The court ruled that this was compelled political speech by the government because of union political activities. As you joined the union your speech is not considered compelled. Talk to your union rep about quitting the union. I know it seems like an odd thing to do but they will most likely know the contract best. Other union members may not like you for it but it s your choice.
2019-10-08 13:58:36
6
Miscellaneous Legal Query
120,885
Pretty sure that I ve found out Comcast is shaping my traffic
Alright this is my first time posting here and I m still not 100% definite that this is in fact going on but here s my story: I have had a subscription with Comcast for several years now in my condo and have not had many problems with them (outside of the norm for Comcast of course). My connection normally operates within the 60-80mbps down and 10mbps up on any given day. However for the past approximately month or two I d noticed that this had changed drastically. Whenever I had my torrent client open on my PC the connection would literally drop to around .05mbps down and just about nothing up. I checked numerous things including: port forwarding trying alternative torrent clients limiting half open connections and ping tests but nothing seemed to work. I did notice however that when I ran the ping command on windows powershell to try pinging sites such as google.com the responses took drastically longer to reply when the torrent program was enabled. It was something to the order of &lt 100ms reply from google normally and something well over 400ms when a client was running and some packet loss. That being said there was no data transfer going on during this time the torrent application was merely running but not actually doing anything. Now I had chalked this up to my typical luck (as I am an incredibly unlucky person when it comes to technology) however I ve become very suspicious lately. My first suspicion came when I tried using the Glasnost test an online test which allows you to test if your ISP is shaping your internet traffic. I set this tool to test bittorrent and it replied that it was unable to test every time. Now this struck me as odd because before I had been able to use it on this connection. However now it was no longer working. There was a message however on the Glasnost site saying that the most recent updates of Java were known to conflict with the tests but when I checked I did not have the most recent version on my system. Now the most damning piece of evidence is that my building recently completed outfitting fiber and the Homeowners Association voted to contract Integra Fiber (I live in Oregon) to set up the fiber connection to offer to residents at a substantially lower cost than Comcast for the same and in many ways much faster internet. I performed [this](http: www.speedtest.net my-result 3387789510) speedtest earlier WITH my torrent client running and without it as well and got the exact same speeds in both scenarios. Now correct me if I m wrong but I do believe the FCC ruled that ISP throttling traffic is [illegal](http: web20.telecomtv.com comspace_newsDetail.aspx?n=43600&amp id=e9381817-0593-417a-8639-c4c53e2a2a10) and I m wondering if anyone believes there is any recourse here or whether or not it is even worth it to try? I m pretty pissed off because they aren t supposed to be doing this and I ve been pulling my hair out the last few months trying to make sense of why this is happening. Any and all opinions would be greatly appreciated! If anyone would like me to test anything to further confirm this i would be more than willing to do so.
2014-03-22 09:44:23
7
I skimmed because we see this type of post 8000 times a day on average. Comcast guarantees you **up to x amount of mb s**. They make no guarantee of a minimum. As long as they provide you a reasonable amount of speed they re not breaching their contract with you. I get it you say ISP throttling is illegal. Prove it. There s a thousand different variables which could be why you re seeing decreased speeds or speed you feel are too low. So to answer your question... &gt I m wondering if anyone believes there is any recourse here or whether or not it is even worth it to try? No there s no recourse here.... except to spend your money on another company.
2014-03-22 09:49:05
10
Landlord refusal to provide internet
6,295
guygot busted with drugs i sold him
a guy i sold to a few times got busted for selling to an undercover cop. they raided his house found lots of weed. now if he snitches on me but my house is clean can i still get in trouble? He might also have a few texts from me.
2013-12-02 06:24:53
14
Potentially yes. If they can prove that you dealt drugs they can charge you with a crime and a person s testimony is perfectly good evidence. The more they are able to corroborate the more likely you will be charged. Either way you will definitely be on someone s radar if he says you sold to him.
2013-12-02 06:40:41
20
Miscellaneous Legal Query
4,499
(CA US) $500 bike was stolen from school property officer asked if I wanted to press charges if found As in going to court . I know nothing about legal stuff and just wanted my bike back. Should I have said yes?
I m sorry if this is a stupid question but I m broke and thought doing so would just cost me more cash than solely getting my bike back Officer (dw called with non-emergency number) said he couldn t give me advice and wouldn t say what most people do for something this expensive I think I still have a chance to change my mind as this happened hours ago and he gave me his card to contact for the future what s your take?
2017-09-14 04:41:57
34
I m confused. Why do you think this will cost you money?
2017-09-14 05:04:59
20
Miscellaneous Legal Query
66,690
Screwed over by Geico &amp person who was at fault in accident
On March 12 in Short Pump VA just outside of Richmond I was struck by another vehicle at a 4-way intersection. As I was turning left the person on the opposite side of the intersection coming my direction and turning right rolled through a stop sign and hit the rear quarter panel of my car leaving a nice dent right behind the passenger side door. We exchanged information but it was my fault for not finding any witnesses because he played it off like he was friendly and cooperative. To make a long story short he ended up lying to Geico about what occurred so they re refusing to pay. Even after I sent them all the evidence (pictures and video) required to make an informed decision. I only have liability under my insurance (broke af already so I can only afford the cheap policy) so USAA (my ins company) won t pay. Because he lied about rolling through the stop sign according to the Geico adjustor I was partially at fault. I was wondering if I have any legal ground to sue Geico or the person who hit me for damages because if the individual who caused the accident actually stopped at the stop sign he would ve seen me coming as I already made it 90% of the way through the intersection thus making a decision that would ve led to him not striking my car. I own my own maid service business and I really can t afford to drive around a pretty nice car with a huge dent in it because it will look bad on me arriving at a client s house with a huge dent in the side of my car. Please help!
2015-03-25 12:50:40
22
It s always an option to sue the driver until unless you accept a settlement from the driver s insurance that resolves all claims. You don t actually sue the insurance company - you don t have a cause of action against them. They will step in to defend and then indemnify (pay up to the policy limits) for their insured driver once a suit is filed. For something like a dent no medicals consider small claims court.
2015-03-25 12:59:28
13
Insurance Denial Car Accidents
15,151
My company is charging us $25 if we don t reach the minimum required hours.
Hello I m new to this subreddit but I wanted to see if my predicament was legal. I am a part-time worker at a rock climbing gym in Los Angeles County CA and a full-time student at Santa Monica College. I have reached the minimum required hours every month for the past year now (except for one month where I was taking two units above the maximum allowable units at my college and I just could not find the time to work) but now my workplace added this new rule for the slackers of the company. Is it legal for them to do this and if so why?
2019-08-16 08:03:42
389
More information is needed for anyone to be able to tell you whether this is legal. What I imagine may be happening is that as a condition of your employment you are allowed certain privileges (i.e. access to the facility) and if you do not work more than a certain number of hours you will be asked to pay for those privileges? Are they saying they will deduct pay from your paycheck for hours you have already worked at your agreed-upon rate? Or are they requesting that you voluntarily pay $25 in order to continue your employment use of the facility? If you re an at-will employee (i.e. not under contract) they can fire you for any non-protected reason including not working enough hours but they can t pay you less than your agreed-upon wage for hours you have already worked. If you re a contracted employee then this might be written into your contract. (Again more info needed.) If they are saying you will have the added benefit of using the facility if you either work a certain number of hours or pay us $25 mo and you have the option of simply not using the facility then this would be legal (and quite reasonable).
2019-08-16 09:18:44
239
Miscellaneous Legal Query
117,858
Can my boss tell my coworkers that she s going to fire to fire me before she tells fires me?
Long story short I m not a great match in my current position and another employee has been pressuring management to fire me (it s a personal issue). This employee is good friends with my direct supervisor as well as the owner of the business so they have taken her constant advice. They have already hired my replacement and want me to train her. They have not informed me at all of my termination but I have found some emails that confirm my suspicions and a coworker told me I should prepare myself for termination and that she spoke to my supervisor directly. My issue is: my other coworkers seem to know what s going on and it sounds like my supervisor explicitly told them I would be terminated. However I have recieved no notice whatsoever. Is there any sort of confidentiality that should have been abided? I m located in Wisconsin US. Any input would be greatly appreciated.
2014-05-16 23:40:39
7
It may not be tactful but it s not illegal.
2014-05-16 23:52:26
18
Miscellaneous Legal Query
7,400
The legality of scanning a book I own
I am located in the United States. I own a physical book. Legally can I scan it for use with an eReader? If so what if I own a classroom set of a novel? If I have 30 copies of the same title edition etc.? Can I scan one of them and distribute 30 copies to my students so as not having to re-buy the classroom set in epub format?
2015-12-15 20:58:30
8
&gt I own a physical book. Legally can I scan it for use with an eReader? #Yes.# You can make a copy of your book for yourself in order to read it on your eReader rather than carrying the physical book along with you. **CITATION:** *Recording Industry Association of America v. Diamond Multimedia Sys. 180 F.3d 1072 (9th Cir. 1999)* Specifically this is a matter of space-shifting in the same way that the Betamax case was a matter of time-shifting . Crucial to the argument is that the intended player platform -- your eReader device or software -- is itself incapable of recording or otherwise copying just as the mp3 player in the cited case was. Judge Diarmuid F. O Scannlain writing for the unanimous panel wrote that the player merely makes copies in order to render portable or space-shift those files that already reside on a user s hard drive. This sort of copying is paradigmatic non-commercial personal use and therefore entirely consistent with the Copyright law according to the court. That *you* are doing the digitizing is immaterial. As a few others have mentioned the political situation has changed but the legal basis for space-shifting with consideration for the inherent limitations in this scenario have not. &gt If I have 30 copies of the same title edition etc.? Can I scan one of them and distribute 30 copies to my students #No!# You admit your own violation: Can I... distribute... copies? That s the publishing bit that Copyright prevents you and anyone else not authorised by the creator owner from doing. Your *students* might be able to make space-shifting copies for themselves -- you d have to check whether any limitations exist on this set of books which may have been furnished by the publisher under terms not applicable to normal retail purchases. If they are allowed to make copies you can provide them the means necessary (computer scanner software instructions) but you can t *do the deed* yourself so to speak.
2015-12-15 21:59:42
11
Copyright Infringement and Legal Issues
29,855
Stole $3500 “down payment” of a patio cover
A little over a year ago I decided to get my back patio covered. I wanted a nice cedar plank cover with a ceiling fan for the hot summers. A friend suggested a guy she knew who has a business in construction of fences and patio covers. I had him out for a quote and $7000 was reasonable compared to other quotes. Especially since he was a friend. So we entered into a contract via email. I was to pay him half up front and upon completion would pay him the other half. I paid him the $3500. Weeks went by and he said he was having issues with getting a permit from the city. I had already gotten approval from the HOA. Then about 2 months later he came to me and said that his business partner had stolen all their funds and took off leaving him with nothing. He wanted me to pay another $1000 so that he could get the materials to start. Obviously this sounded shady so I said no way. If he couldn t complete the project with our original terms I would have to cancel the agreement. I would need the full refund of the $3500 I had already paid him. He said that he understood and would try to get that back to me when he could. Of course soon after that he had back problems wasn t working etc. I said I would be patient and wait for when he could pay me back. In the meantime I found another company who completed the job on a week for $6500. On and off for the past year I have texted him every month or so asking for at least some kind of good faith reimbursement as I found that he was working again. 3 months ago he said he would send me $500. That never happened. So here I am 15 months after the $3500 payment and I ve gotten nothing back. What do I do? Should I file a lawsuit? Do I need a lawyer? I have the cleared check and all the texts and emails saying he would pay me back. I hate to do this to a friend of a friend but I really want that money back. Any advice is appreciated.
2019-08-15 05:33:18
18
Send him a demand letter via registered mail. If he fails to respond file a small claims case.
2019-08-15 05:36:06
18
Contractors' Legal Woes
117,796
(X-post r personalfinance) Do I need a prenup to protect house and stock? Is my attorney being uncooperative?
-- part one should I get a prenup? We re about to get married early on (&lt 2y) in our relationship. I m in my first job she is in college. We are in CA. She has: - no assets no student debt. - will be making from $70k y to $100k y I have: - $200k home which I rent out pays for small mortgage - $70k in other savings - stock options to a not yet IPO d company which will yield at least $500k - currently making $120k y later up to $150k y As long as we are a family I want to use my assets for us to live a full and happy life. If it ever comes to a separation I want to walk away with whatever is left of what I walked in with. This includes the home regardless of how much I invested in it with the rental income or my own salary after our family is taken care of. This includes the stock regardless of how it grew and how I distributed it over the market. Am I wrong to want a prenup? -- part two attorney troubles I started the drafting of a prenup with an attorney for a flat fee. He drafted an ironclad agreement in which there would be no spousal support and no community property. He wanted her attorney to start a dialogue to suggest the expected changes so that the resulting prenup would be truly a work of the two parties and therefore be stronger in court. My partner is thoroughly upset about the original draft waiving spousal support and community property. Her attorney suggested to pull both out of the agreement. My attorney is not willing to do so advising me that without said clauses I m better of without a prenup. He is not providing me with a clear explanation of the effect of removing said clauses. Because he is not getting paid hourly he has grown impatient and hard to work with. I believe that his ego stands in the way of getting me to a solution. He offered a partial refund. Do I need an ironclad? Is my attorney in the wrong? Should I just take his draft and go to another attorney? Should I throw out the draft and consider collaborative law? This whole prenup business has been taking a toll on our relationship.
2015-07-26 16:24:44
8
Without looking at the whole agreement and having a better understanding of the facts it would be difficult to say whether your attorney is right or wrong. Further whether or not you get a prenup isn t an area for internet ~~superstars~~ ~~lawyers~~ posters to give you advice about. That being said I d highly recommend speaking to another attorney. An attorney - client relationship especially in a case like this needs trust. If you don t have a solid relationship with yours then it is time to accept his offer of a partial refund and go find another.
2015-07-26 16:32:10
8
Divorce and Alimony Battle
20,932
Emailed Landlord on the 1st trying to get us to pay 2 full months of rent.
I m in the US Ohio. We have purchased our first house &amp are finally ready to move. They kept pushing back the move in date &amp we finally got the date for the 8th. Realizing that we needed 30 days to tell our current apartment landlord we emailed them on the 1st Saturday since the lease asks for a move out in writing. This is the same email we ve been using for 3 years to contact our apartment. We got a response saying that the email is not able to receive mail. Today was the first day since then that the office is open. My boyfriend roommate called the landlord to ask if she received the email and she said she did not. She then said that since we told her on the 3rd and 30 days from now is July 3rd we would have to pay rent for June &amp July. She said that the lady we have been emailing does not work there anymore. Since we have evidence that we did attempt to give our move out notice in writing on the 1st does she have ground to stand on with this? I went in to talk to her in person &amp she gave me a copy of the lease &amp a paper that says that we have given notice to move out on or before the 30th of June &amp we have to give our keys during the move out inspection.
2019-06-03 21:15:48
30
Look at your contract. If it says 30 days it is 30 days. As far as the email address technically they should have contacted everyone and told them. Since you went to the office and gave written notice it goes by that date. Does the contract say you have to pay for the entire month if you leave mid month? If not pay for the month you are there and pay a pro-rated amount for the time you are there the following month. Return the keys in person. They cannot force you to keep them. Make sure you take a video of the entire apartment as you are leaving showing you walk out the door and locking it. That way there is no dispute on how you left the apartment. Give them your phone number and tell them to call you when they are ready to do the walkthrough that you are officially vacating that day. If they later come back on you contact a lawyer in legal aid. IANAL
2019-06-03 21:25:56
24
Landlord Lease Deposit Disputes
112,893
(Update)and a few questions for you guys. [CO] Just found out newborn isn t mine signed birth certificate mother wants to put me on child support! Please help!
Original post: I ll keep it short since I m at work. Been a long time lurker and have found that you guys always help in some way. Title says it all signed birth certificate with the mother at time of birth. Took a private DNA because I had doubts and found out he s not mine. -Wasn t a “legal” DNA test so it can t be used in court but will get one if it comes to that. 1st question- Can I be omitted with a legal DNA from Child Support in court? 2nd- would it be helpful to contact the hospital and try to get my name off the birth certificate? 3rd- is there any other way to protect myself from having to pay Child Support or getting my name off the birth certificate? Will check back in a few hours! Thank you guys for any information on protecting myself You guys were such a good help! The cost of a lawyer was pretty steep BUT the court system has awesome people who helped me process everything via self help and free of charge and it only took a matter of minutes. Update with questions. I filed to disclaim paternity have a court date set for February 28th! I had someone who is a good family friend and has dealt with stuff like this before tell me that if she files taxes claiming the baby using my last name before it s all said and done (before court date and name change) that she can still go after me on child support? Does this hold water? If I m protesting paternity and she files taxes how is it legally possible that I m somehow going to be put on child support for a baby I m currently protesting? Thank you for any help! I really appreciate you guys and you ve helped me tremendously will update at the end of the month!
2019-02-01 16:24:56
48
How she files taxes has absolutely nothing to do with whether or not you owe child support.
2019-02-01 16:30:40
124
Paternity Test and Child Custody
103,727
Sister was in an accident. The shop kept her car for way longer than expected and seems to have put somewhere between 6 000 and 9 000 miles on it in the 2 months they ve had it.
There s some convoluted problems here with several groups involved that should have taken odometer readings throughout the towing repair process and then did not but beyond the question of how we prove this happened we re at a loss for who would care or even what you d call this. Automotive fraud ? This is of particular concern not because of the wear and tear but because the car is a lease and the extra mileage is going to cost $3-5k in service overages. Looking for advice for how to pursue or even what to call this. Has anyone ever heard of this happening before? &amp #x200B Edit: Guys I gotta say I m floored by the level of response here. Thank you SO much for the insights and comments. I personally have learned a TON and you ve given us a bunch of extra areas we can explore. We re looking into pulling electronic records from the car and we re going to be a bit more cavalier about involving her insurance company than we have been since at the end of the day this is something they re almost certainly not in on and should care about happening at one of their auto shops. Also oh my God it s helpful to have the legal terminology for the different ways this might be prosecuted. I m going to follow up in this thread as we know more and if we end up getting an actual resolution to this case I promise I ll make a full update post. You guys are awesome. &amp #x200B Edit edit: WE GOT THE EVIDENCE! The shop un-lost the intake paperwork and it s clear as day. At intake 15 296 miles. After getting it back close to 25 000. Big step! &amp #x200B Edit edit edit: THE PLOT THICKENS! On the advice of this sub we took it in for a second inspection. The repairs had been made shottily frames not fitting exposed glue etc. -- but the more interesting part is that they said the glove box seemed like it had been taken apart. Scratch marks all over and the internal light not reinstalled. This is feeling like drug trafficking. Based on tracking the stories that were told to her by the car place it sounds like this all may have happened across 3 weeks. &amp #x200B Edit edit edit edit: Thanks again to advice from people in this thread sis called up the Insurance Crime Bureau in our state who were -to our surprise- very interested in this case and listened intently to everything she said. I can t properly express how helpful you all have been.
2022-10-17 18:25:20
2,680
If this was a repair that her insurance paid for she should definitely contact them and let them know. If she paid out of pocket for this then she may have a valid claim. This sounds like conversion which is the wrongful taking or use of property without the plaintiff s (your sister s) consent. It is a civil tort claim. There are lots of articles on google if you search conversion tort that will help explain what it is how to prove it and what the damages might generally be. I would recommend her first step would be to familiarize herself with that and see if she thinks the facts of her case fit that type of claim. After that she should consult an experienced civil litigation attorney to discuss her case because it will be very fact specific. If an attorney can help her prove your case she may be entitled to fair market value of the use of the vehicle during the time the additional 6-9k miles were put on it and possibly the potential service overages among other forms of relief. Again this will all be very fact specific to prove and she should not go about this without an attorney. Many civil litigation attorneys will give a fee consult and many of those will work on a contingency basis meaning she only pays if she wins. She should schedule a few of those consults and choose the lawyer she feels will be able to serve her best.
2022-10-17 20:00:43
1,279
Miscellaneous Legal Query
162,688
My mother will not give me access to my bank account or the checks that family give me.
So I recently turned 18 and asked my mother for the info for my bank account. She said no and said that she would be controlling it. She is also not giving me the checks that were sent to me for graduation and my birthday. Is there any way I can get my account and my checks.
2020-06-18 22:08:09
19
Go directly to the bank and withdraw any funds that are yours. Leave any funds that were deposited by your parents. Go to a bank or credit union that your parents do not do business with and open an account solely in your name and deposit your funds. Know that any account opened before you were 18 will likely have your parents also named on the account. If the checks were sent to you before turning 18 your mother can withhold them. Now that you are 18 she cannot cash them or deposit them that would be fraud. One approach might be to tell the people that sent you checks to put a stop on them and then send you new checks at an address your parents cannot intercept them. If in the US you will want to check your credit and then lock it at the three main reporting agencies. Go to annualcreditreport dot com.
2020-06-18 22:27:47
44
Parental Misuse of College Savings
133,121
Fiction novel where characters are drawn from real people. Can they sue?
My friend has spent the past few years writing his first novel. Much of the characters are based on his family members and the character of his mother is particularly unflattering. He has always had a very strained relationship with his mother who is an alcoholic and like I said the mother in his novel and the main character have an extremely similar negative relationship. All of the names are changed and the book will be published as fiction but as he is getting closer and closer to having it published he is becoming concerned that his mother would take personal offense and possibly pursue some type of legal action. Is this possible despite the story being fiction? Is this an issue that my friend should be concerned about or would it be more of an issue for the publishing company to be aware of? State is MA
2019-05-13 13:50:56
9
Assuming the author makes efforts to protect the identities of any persons on which his charachters are based he should be fine. Using fake names an imaginary town and changing a gender or two would be more then enough to ensure he faced no liability for defamations etc.
2019-05-13 13:55:09
8
Miscellaneous Legal Query
111,472
Neighbor using sonic warfare to deter dog walkers
My next door neighbor (California) installed these motion-activated sonic emitters that blast everyone walking by in the street. I m not on their property in any way but I have to deal with being assaulted by this ear splitting noise not to mention what it must feel like to my dog. Their intention is to keep dogs off their lawn but my dog is always on leash and on the public street yet we both have to suffer for the crime of walking in public. Is there anything I can do to force them to remove this sonic booby trap?
2021-07-06 17:28:52
199
Contact code enforcement
2021-07-06 17:31:37
244
Miscellaneous Legal Query
147,443
Landlord went through my personal items is this legal? Can I prevent this from happening in the future?
I am in California. My landlord had provided me written notice that my apartment was due for an semi annual inspection and when the day came all was well until they started opening up the suitcases I had stored in my closet and going through my laundry. It doesn t really matter but just for some context I ve been diagnosed with OCD. I don t have anything to hide but them touching my things sent me into a panic attack and in the future I d really like to avoid any unnecessary stressors.
2019-03-19 20:29:50
7
yikes move out. If they give you written notice and consented there isnt much to do
2019-03-19 20:39:20
4
Landlord Lease Deposit Disputes
107,512
[Pennsylvania USA] I may have been assaulted and now threatened by a boy I had sex with
[Pennsylvania USA] I m 18 and freshman in college. There was this boy I met at a party my first weekend here in late August who I was really attracted to and soon found out that he s a student instructor for my physics class. He is a junior and 20 years old. I posted a few things about him and how cute he was on my Snapchat stories and I had people tell me that he was gay. I was a little heartbroken but I kept a little interest in him which he caught onto. I also think some people relayed some of that information to him. I sit in the very back of my physics lecture and he tends to sit there too. Around mid-October we started talking. To make a long story short about two weeks ago he expressed a mutual interest in me and he said he wasn t gay but bi and trying to sort through his feelings. I told him I was pretty much in the same situation and I was hoping to experiment more sexually in college to give me solid answers. He asked me if I wanted to have a little fun with him sometime during the weekend and I obviously said yes. We both agreed beforehand that we would have sex and he decided to get a hotel room at a hotel close to the college for guaranteed privacy. Last weekend we went to the hotel room and hung out a little bit before we got into things. I don t know how many details I should provide here without getting too TMI but we had oral sex and touched each other a little bit before he wanted to start PIV. I got really nervous mainly due to negative past experiences and I told him I wanted to stop. He was really shocked and angry and said we needed to go through with it. I told him I didn t want to and tried to get off the bed. He grabbed me and I tried to run away from him. He threw me onto the bed I freaked out and started hitting him and screaming. He grabbed my neck and starting choking me. I almost blacked out before he let go and forced himself into me. We stayed in the hotel room for the rest of the night and went back to the college in the morning. I stopped responding to his calls and texts and removed him on social media. I started sitting in the front row of physics. This week I ve had many people tell me that he s looking for me and wants to talk. I didn t respond to any of them. Yesterday I was walking back to my building on campus and he started walking alongside me. He looked like he had been crying. I asked him what he wanted and he asked me why I was avoiding him. I told him I didn t like what he did to me and he said it wasn t fair of me to try and pull a fast one like that when we both agreed to it and were looking forward to it. I told him I don t think things are going to work out and he needs to leave me alone now and he said if I tell anyone what happened he will ruin my life here. He said the way I spoke before him before on social media qualifies as stalking and I ran my mouth too much for there to be no repercussions . He said he knows so many people here and is respected at the school and I am a nobody right now. I told him I wouldn t say anything to anybody but he needs to stay away from me and he said he doesn t trust me and will continue to check up on me and make others do the same. I felt so sick going afterwards and today I didn t go to my classes. I threw up three times today. I don t know what to do. I don t have a case really. There is no evidence on my body anymore of anything that happened that night and I don t think I can really say it was rape because of the context. I do think I can say that I was physically assaulted because he choked me to the point where I almost went unconscious. At the same time it really is my word against his and he is older and more known. The extent of my stalking was looking him up on social media trying to follow him before he really knew who I was and just saying that he was cute and I m sad I can t have him on Snapchat. I don t think that s really anything but I don t know maybe it is and I did fuck up. I don t know what my options are. I ve been having a really tough time at this school and I m wondering if this is my sign to just transfer. I don t want anything big to happen from this and for this to be uglier than it has to be. I just want him to leave me alone now. I m so scared to go outside because I don t know who will be watching me now. I m so upset and hurt. I need to know what my options and resources are?
2018-11-09 19:32:37
165
You were raped. You can ruin his life not the other way around. Quite frankly he deserves it. You can report this to your school as well as the police. It s your decision.
2018-11-09 20:14:03
368
Miscellaneous Legal Query
96,601
Can my employee direct me to cut a payroll check payable to their spouse? (ME USA)
I am part of a small nonprofit group that recently hired someone to help us with a small short-term project. We believe that this person would qualify as an employee and that my group must file a W-2 with the IRS. The project recently concluded and the employee is now requesting that we issue their payment check not in the name of the employee but in the name of their spouse. I am unclear whether we are compelled to issue the check only in the employee s name or whether we are able (or required to) adhere to the employee s wishes.
2019-10-09 18:10:24
8
Don t do this. Issue the paycheck to the employee and let them decide how to distribute it after they cash it. There are no good reasons to modify the payee. If you issue the paycheck in another name you re getting zero benefit and tons of risk.
2019-10-09 18:18:57
26
Miscellaneous Legal Query
120,975
Police Report has all my info where s my privacy?
Hi Reddit. About a month ago me and my girlfriend were victims of a road rage accident where the aggressor shot at us while driving in broad day light. Fortunately we took video of the whole incident and the police arrested him 2 days later. Me and my girlfriend were hesitant on pressing charges because we were paranoid that the guy would somehow get all our info and retaliate but the police officers assured us that even though our names would appear none of other personal info was gonna be in any report. Today we decided to look at the police report and court documents online and in them they have both our home addresses work address car plate numbers and phone numbers for anyone to see. My questions are: Can I have someone take down all our personal info? If so who would I ask? Is it legal that they put all my private info for anyone to see? (I live in the south Texas area)
2016-10-07 23:55:28
36
Not sure how the police report itself is online in your area. Usually regular citizens can only get them through FOIA requests. Also it s not up to you that the State charges him with the crime. In a case like this with the suspect being a gang membet this case is a sure fire way to get him to prison for a long time.
2016-10-08 02:22:38
19
Miscellaneous Legal Query
46,843
Elderly neighbor with a balloon mortgage that came to term. Company threatening to charge $5k per day on an $18k loan. (GA)
So like many older people my neighbor ended up in a balloon loan without realizing it until it came to term. On the same date he was given a 30-year balloon (primary mortgage 90k) and a 15-year balloon (secondary mortgage for home repairs 22k) by the same company. No clue why they did it this way. The secondary mortgage came to term earlier this year and he was attempting to refinance or do a modification with the company but they weren t being cooperative. Long story short I ve stepped into help him because they are threatening to foreclose on his house and he is super scared he s going to lose his home over this. His house is not underwater and I m working on refinancing both of the loans together for him but apparently the loan company has threatened to start charge him $5 000 per day if he doesn t pay the lump sum that he doesn t have by the 22nd. Surely this can t be legal?
2021-07-13 22:52:56
66
NAL. First read the Notes. What did he agree to if he was unable to make the final payment?
2021-07-14 04:22:11
18
Miscellaneous Legal Query
147,718
My girlfriend cheated on me but is now refusing to leave my apartment.
I found out that she cheated on me yesterday. She was my first kiss sex and relationship so it s crushing. I asked her to leave but she refused and eventually I just locked myself in my study and went to sleep. She lives with me and is dependent upon me. I just got home from work and she s still here. She s convinced that we can work it out. I want absolutely nothing to do with her. I don t want to put my hands on her in any way because I don t want to be accused of assault or anything like that. She only moved in two weeks ago from her parents place. I don t know what to do. Can the police legally remove her? MA
2015-12-23 14:27:32
719
Is she on the lease? Edit: Just saw your reply. Please do not put your hands on her or do anything irrational this will only hurt your case. However difficult it is maintain your calm and composure. Do not take her back you are right to trust your instincts. Start the eviction process immediately you do not want her to establish tenancy. You need to speak with a landlord-tenant attorney as soon as you can. Not necessarily to hire them but to get a consultation and understand your rights. Ask about established tenancy specifically let them know she isn t on the lease. Edit 2: Threaten to call the police and have her arrested for trespassing. See if she ll move out then. If she doesn t call the police and ask them to remove someone who is trespassing on your property. Emphasize that she is not a tenant having lived there for less than two weeks not paying any rent and not being on the lease. It is very much possible that they will state it is a civil matter and will not get involved...still worth a shot. If all else fails after consulting with the attorney you ll likely be forced to initiate eviction proceedings. However before you do document and take pictures of everything including the condition of the apartment and your belongings. Create an itemized list if she decides to damage or steal anything. I wish you the best. Edit 3: As others have suggested false claims of domestic violence can occur in instances such as these. It may not be feasible to document all your interactions but try to do what you can. If the dispute escalates do not respond in either a verbal or physical confrontation. Remove yourself from the situation the facts are already on your side.
2015-12-23 14:33:44
472
Landlord Lease Deposit Disputes
30,306
Debt Collectors trying to collect for debt incurred from childhood (TN GA)
My fiancée has received a letter from a debt collection agency demanding payment for a debt of $1637 occurred 12 years ago when she was 11 years old. In the letter it demands we contact them immediately or face a lawsuit. We live in Tennessee. They have also called both our cellphones (I have no idea how they have my number but we are not married or have any joint assets just living together in my home) and my name has been an addressee on a letter. This debt was from where she broke her arm in 2006 and went to the emergency room in Georgia. The hospital has since been closed. Her mother is dead and her father is disabled and living in Tennessee also. I include them because she was in their care at the time. This debt collection agency is legit and has been sued in the past for wrongful claims. It was a very high profile suit where they were ordered to pay out nearly 100 million on a thousand dollar debt. 1. Can she be sued for a 12 year old debt? 2. Can they legally even attempt to collect on a debt occurred when she was a minor? 3. How can they be contacting me for her debt? Is this legal? Grounds for a lawsuit? 4. How do we get them to stop? Thank you in advance.
2018-06-24 20:50:02
433
The statute of limitations is over tell them to pound sand. Then report it to each credit bureau that the debt is beyond the statute of limitations and it will be removed from her credit report
2018-06-24 20:55:37
652
Debt Collection Legal Issues
85,981
[US FL] I was just pulled over for speeding but Officer did not have me sign the ticket. Also other questions...
I was just pulled over for speeding. When the officer came over to my car he asked how fast I thought that I was going. This being my first time being pulled over I confessed to him that I was probably doing a 57 in a 45. He takes my license and returns a few minutes later saying that he clocked me doing a 62 in a 45 which would be a $254 fine and 4 points on my license. He then says that he brought the violation down to a 53 in a 45 which is a $129 fine and 3 points on my license. He informs me that I have the right to take the ticket to court and plead Not Guilty. However he said that if I do so he will raise the violation to 62mph and the $254 fine. Also the Officer did not have me sign the ticket at all. I m not sure what that exactly means for whether or not it helps in any way. Is the Officer allowed to raise my speed violation if I decided to plead Not Guilty in Court? Or would that be him coercing me into not exercising my right to Due Process? Also what exactly is the impact of the Officer not having me sign the ticket?
2015-08-10 17:29:56
7
You are not required to sign the ticket. If you look there is a tiny checkbox on the bottom where the officer certifies he delivered it to the person listed. Second: Yes the ticket can be amended up to the beginning of your trial.
2015-08-10 17:49:47
16
Unresolved Speeding Ticket Issue
21,918
Condo neighbor s tub overflowed damaging my hardwood floor and carpet. But is it fair for them to just replace (non-matching) sections?
My condo tenant just reported to me that the next door neighbor (ground floor so no other units affected) s tub overflowed last night and water seeped through the walls damaging both a hardwood floor and carpeted section of my condo. The hardwood floor is already showing signs of damage and the carpet smells (according to my tenant). The neighbor is a low income housing unit in a luxury building managed by a non-profit management firm (why government-subsidized non-profits should be providing free subsidized housing for people to live in luxury buildings is beyond me--especially when those people afford cable TV with all the channels and 2 packs a day of cigarettes...but that gripe is for another subreddit...) so although the tenant frequently has related issues (smoking in building etc.) the company is pretty responsive. The HOA is pretty good too. A water mitigation team is coming and I m assuming they ll tear up and dry as needed. But my concern question is as follows (hoping to know my plan beforehand in case it plays out this way): Let s say they cut out and replace those sections of the floor and wall but they cannot get the same hardwood flooring and carpet to exactly match (I don t have any extra leftover flooring they can use either). In that case I ll be left with similar-but-different patches of flooring in those areas. My tenant s lease is up in a couple months and assuming they move out (which is probably the case) I ll need to find a new tenant. So having those non-matching repaired areas could directly impact my ability to find another tenant (or the rental price I can get). On the other hand let s say the area needing repair would cost $1 000 and redoing the entire hardwood and carpets for those rooms would cost $4 000--I understand that it s not really fair to make them pay $3 000 extra...then again if they have a similar but different carpet floor on that patch they re not really making the damages whole especially since it goes on the market for a tenant again in the very near future. A few more points related questions: - Let s say that *in theory* I was considering replacing the carpets (but not the hardwood floor) anyway after this tenant moves out (totally theoretical). So in that case maybe I d be OK with getting a check for the cost of the carpet section that I could just put an area rug on top of the concrete (after they tear out the wet part). But in that *theoretical* scenario should I be concerned about mentioning that to the neighbor and or insurance company b c then they could say well you were going to replace it anyway so we re not going to pay you for it (or give me an immaterial amount)? - Should I mention anything to the owner of the neighbor s property beforehand like I want the repairs to be a perfect close to perfect match otherwise I will not be satisfied...or you can just give me cash. Or is it best to wait until they complete all the repairs and then tell them if I m satisfied or not? Likely I will still want them to repair the hardwood part b c I *theoretically* had no plans to replace that anytime soon. - Any other considerations communications or things that I should do either now or at a later point to ensure that the repairs don t make my property look less attractive than before the damage (or so I get a check that I can use towards *theoretically* replacing the entire carpet in a few months)? - Related question: Let s say they admit they need to replace the entire carpet in that room b c they can t find a matching style. But if I *theoretically* was planning on putting hard flooring in there. Could I in that case ask them to replace with hard flooring if I were to pay the difference in cost give me a check for the cost? Or do they replace with a carpet that I may have been *theoretically* planning to replace with hard flooring? - I m unclear if best to report to my insurance company too. On the one hand why should I have to pay a deductible and risk premiums rising? On the other hand I want to protect myself--any downside to waiting a few weeks to report to mine pending the outcome of this? - Is there anything I need to do document w the HOA? They also have damage to the building hallway (common area) from this same instance. But it kind of is separate from the damage the neighbor caused to my unit so not sure if my response reply needs to be coordinated with them (they are taking care of the water mitigation since mold would affect all units in the building). - Something similar happened in the past with a unit above in the past (overflowing toilet) that damaged several units below. In that case the building s insurance policy covered it (the unit owner paid the deductible). So if they did it the same way again this time then I guess I d be working with the HOA to make my property whole...how might this change things? The last time it was just drywall paint and electrical damage which they 100% fixed (easy to replace that) but this time I don t think the carpet and floor can be matched as perfectly... The property is in Montgomery County Maryland. Thanks!
2016-10-16 14:11:16
7
All of your questions boil down to negotiations you need to have with the insurance companies. It might be legitimate to replace onyl the damaged sections or it might not. You should bring your insurance company into the matter as well as you may be able to get your damage more easily covered from yours versus theirs.
2016-10-16 14:35:59
11
Miscellaneous Legal Query
47,254
Do I have to re-sue a case I won?
Without going into too much detail: I filed a civil suit against a company and won. The company was to pay X amount in 30 days and they didn t. When I tried to enforce this through my county s sheriff s office they said there was nothing they could do because the corporation name did not match the name we used to file the civil suit supposedly the company DBA. This is the name listed on the place of business as well as the receipt for their services. Is there no way to retroactively update this information? The two names (corporation and dba) are under the same address. And on top of all this the corporation filed for dissolution literally 1 week after the date of the original civil suit. Does this benefit the company in any way as far as not being liable? Did I sue a non-existent entity by unknowingly using the DBA? I can t afford a lawyer for this process but common sense is proving frustrating thanks for your help reddit. This was all done in Mount Vernon NY.
2019-05-29 15:48:26
6
Was this case actually litigated or did you get a default judgment?
2019-05-29 15:50:15
3
Miscellaneous Legal Query
112,561
I won a giveaway at a professional conference - do I keep the item or does it belong now to my employer?
Hi all! I am in Pennsylvania. Recently won a tablet at a conference I was attending for work out-of-town over 2 days. It was a business card drawing at one of the vendors tables. Is this tablet now mine or does it belong to my employer? I think it would be the latter as I was representing my employer and I was technically on company time (although I was not required to go I asked). I can t seem to find much online regarding this. One woman at the conference said her colleague won an ipad and had to either give it to her place of employment or pay them for it. This question seemed really interesting to me until I saw some of the other posts on this sub :} To add: I emailed my supervisor soon after to let him know and he said Congratulations! I showed it to him at work today and told him I was hoping to use it for instruction which I do hope to do. I m just not sure if it would officially belong to the library. He didn t say anything to indicate that.
2016-05-16 23:21:59
63
Depends on your employer s policy. Where I work we would have to turn down any vendor provided gifts including meals and drinks but there is an exception process because this isn t always reasonable. Let your manager or HR folks know you won it and ask whether you should keep it return it or otherwise dispose of it. I ve never heard of a situation where you would need to pay for it.
2016-05-16 23:41:45
45
Miscellaneous Legal Query
39,384
Thank you r legaladvice!
I don t have a specific question but I just would like to thank r legaladvice for the help. About one month ago I posted from a throwaway account about the laws regarding opting out direct marketing mail (I can t locate the link unfortunately). Some users advised me to use the self-regulatory option (dmachoice.org) but that had not helped lower the marketing mail I received at all. One user however showed me the wonderful [Prohibitory Order (Form 1500)](https: about.usps.com forms ps1500.pdf). It turns out that this form is for stopping sexually offensive mail but thanks to [Rowan v. U.S. Post Office Dept](https: en.wikipedia.org wiki Rowan_v._U.S._Post_Office_Dept.) the USPS may not question any recipient s decision to declare a mailpiece obscene. Thus the only hurdle to overcome is to construe the mail as an offer to sell goods or services which is fairly easy to prove for marketing mails. Because of this form my mailbox is now cleaner and junk-free. It turns out that all marketing mails are sexually offensive to me. Maybe it was the conservative upbringing... Thanks again r legaladvice.
2014-06-22 20:24:13
63
Wow awesome post. Not only do we always appreciate thanks.... but you just gave us sweet information that I know for a fact I ll be utilizing. Goodbye junk mail!
2014-06-22 22:50:00
13
Fraudulent transactions via hacked account
8,155
My sister can t get a job because she spoke up about sexual harassment
My sister worked for a big popular restaurant in Texas in which the general manager head chef and various other workers were sexually harassing the female workers. They often would talk about f*cking them their breasts ass vaginas what they should change to make themselves more appealing ask personal questions about their sex life and just general crude and sexual comments. One of the workers went up to the manager after they interviewed a girl and loudly asked if he could f*ck her if they hired her they all laughed. A couple months later my sister had enough and told another female general manager what was going on (though she d have to be deaf dumb and blind to not know already). After this they sent my sister home because she had a bad attitude with no word of her being able to come back. It wasn t a formal firing or lay off but my sister decided to quit after that. She now has just heard back from another big restaurant that she applied to that they can t hire her after talking to the original restaurant she quit at. Is there anything we can do legally?
2020-06-12 20:17:18
18
NAL but I work in restaurants and have dealt with my fair share of harassment. I highly recommend your sister does not use the prior restaurant as a reference. If she has a former coworker that is willing to vouch for her work ethic she can use them as a reference for the restaurant rather than a manager or supervisor. She also can report her former employer to the EEOC for the harassment. It could (and should) be considered creating a hostile work environment which is illegal. The employer or business would be held responsible for their lack of action. However it s pretty much up to the EEOC to investigate and there may not be much evidence.. It would help if she writes down as much detail as she can remember what was said and a rough date time. She also could see if any of her former co-workers might be willing to report their own harassment or act as a witness to what she is reporting. if they work as a group they have a much better chance of forcing change.
2020-06-13 04:16:53
8
Miscellaneous Legal Query
132,874
What happens (or may happen) when someone is caught going into the wrong restroom? (California or broader US)
Do they just get yelled at? How much authority if any does the owner of the restroom have to physically remove them? Can they get arrested? I realize it may vary by jurisdiction just looking for real-world examples. And I must disclaim that I m not planning on doing so I m just wondering in terms of the ongoing news cycle debate on the issue.
2016-04-15 20:19:17
6
As a female nothing has ever happened to me when I ve accidentally or occasionally had to use the men s restroom. There s been a few times I ve lead a bunch of other women to use the men s room when there s a huge line for the women s and no one using the men s. A few weird looks maybe.
2016-04-15 20:37:58
8
Bathroom Break Restrictions and Rights
37,504
My Recently-Acquired Company is Now Offering Me $1000 to Sign a Release Agreement - Normal?
Its being presented as standard practice to give the buying company a clean slate (i.e. certainty that there s no outstanding payments or lawsuits coming). Now I certainly have no expectations to file a lawsuit against my employer - but there s a few red flags about the whole thing: 1. They re telling the company in small batches - meetings of 20 or so at a time when all the other company announcements related to this acquisition have been company-wide meetings. 2. There s an emphasis to hurry - i.e. the sooner you turn in your release the sooner you get your bonus! 3. Maybe I m just cynical but I m really wondering what the company is getting out of this that makes this worth $1 000 employee to them. Honestly this is a whole lot like the kind of paper you d sign if you got laid off in exchange for severance. Is this a trick to reduce the severance payments for layoffs down the road? Edit - location: Texas USA
2014-11-20 20:50:16
5
None of those are red flags. This is very standard and you re getting paid which means they are doing it by the book. (the employees getting something in return). You can hire an attorney to review the document in it s entirety for you but I don t see anything fishy here from what you have described. &gt this is a whole lot like the kind of paper you d sign if you got laid off in exchange for severance. It probably is. Nothing wrong with that.
2014-11-20 21:00:44
4
Miscellaneous Legal Query
11,111
Coconut fell on neighbors roof tile then he destroyed trees and lights.[HI]
About 2 years ago a coconut from a palm tree on my property fell on my neighbors roof cracking a roof tile. I offered to pay for the roof tile but nothing really ended up happening until now. He apparently hired a gardeners to cut down several trees. Several yard lights were also damaged. I have already taken photos of the damage what should I do next?location: USA Hawaii
2018-12-27 23:23:10
176
Report to the police for trespass and destruction of property for a start. Then get a lawyer an arborist and a surveyor. The arborist will be able to tell you the value of the trees the surveyor will confirm he was on your land and the lawyer will help you sue for every red cent. IANAL.
2018-12-28 00:17:43
425
Tree Disputes with Neighbors
100,689
[IN] Friend had his fake i.d. taken by a police officer then called by the officer two months later.
A friend of mine had his fake i.d. confiscated by a police officer at a bar a few months ago. When he entered the bar he handed his i.d. to a bouncer who then handed it to the officer. The officer recognized it as fraudulent and gave my friend two options A. Stick around and be arrested or B. Turn around and leave the bar. My friend chose B and left immediately. Yesterday he was called by the officer who left a voicemail. Voicemail stated the officer name and said that it was imperative for my friend to call him back in regards to the fake i.d. that had been confiscated. I advised my friend to not speak with the officer until he advised an attorney. He is in the process of contacting his family s attorney currently. Curious as to what advise you all have on the matter and what exactly is going on here. Why was nothing done at an earlier date? A call months later asking for information seems strange. P.S. New here apologies if this was done incorrectly. Edit- Thanks for all of the replies everyone. My buddy was nervous about ignoring the officers call but the reinforcement from all the answers is assuring. My friend is in contact with an attorney waiting to hear back on his advice.
2017-11-20 16:38:07
264
A few months is nothing. He should do what his attorney tells him.
2017-11-20 16:39:44
281
Miscellaneous Legal Query
71,295
Mom s uncontracted landlord has kicked her out of the house for damages that aren t her fault he is threatening to sue me over the cost of everything.
So a bit of backstory. A few months ago a friend of mine that owned a decent house in the middle of a medium sized town moved up to Wyoming. He left me in charge of taking care of the house in his absence and he had listed on AirBNB. A few months after my mother came into a rough spot in life and was nearly homeless with no money and no job (she is unable to work). I went ahead and asked my friend if she could live in the house temporarily until she could find section 8 housing or something and he agreed on the condition that the house stay spotless. Fast forward 2-3 months the hot-water heater AC unit in the attic has a pinhole in a pipe and my mother comes home to a bit of a flooded floor and water leaking from a light in the ceiling. She immediately cleans it up and contacts both me and my friend to inform us. My friend sends repair men out and fixes most of the slight damage. The next day my friend texts both my mother and I to inform us that my mother must be out of the house by the end of Friday (about 2 days notice) because he has rented the house that nobody has ever seen the because iinside of to rent. Today my mother is woken up at 9am to his friends that have walked into the house (with a key) without her knowing telling her she has to be out by 10am (1hr) because the cleaning people will be coming and they are changing the locks. This is not my concern as much but the owner is now telling me that I must either leave the bed I had left at his house for storage or pay to reimburse him the cost of what he says she cost him which is around $2100. There was no contract ever signed and the damages to the house were confirmed to have not been my mother by the repairman who said it wasn t possible for it to be her. I m not looking to sue anyone or anything I m just wondering what my legal right to the bed is it is currently at his house but I can go get it now if someone can confirm he is not able to take legal action against me or my mother in doing so. We live in Tennessee for legal reference. UPDATE: I have informed him he can keep the bed mainly because I am an hour away and it s worth more to me to give it up and get rid of the situation. My mother is debating on whether or not to go to the authorities to seek housing and I have informed her that this is illegal eviction. If she decides to go through the legal process I will attempt to reclaim my bed but that has not been decided yet. Thanks for all the feedback. UPDATE: 11:20am- My mom has decided to go after the illegal eviction. She needs a place to stay either way. I will probably seek the get the bed returned if the lawyer authorities agrees with all of you. I think it will be good to also speak to a lawyer in this case though. I will keep those interested updated throughout. 12:28pm - The people have left no cleaning people showed up. The locks have been changed and we obviously don t have a key. Sorry for the super late update. We confirmed the legality of her staying in the house with local law enforcement (per y alls enlightenment) and we re told he obviously wasn t allowed to evict. Once he finally found out he of course texted and called both of us cursing and telling her to get the hell out. His fiancee or one of them at least got in my mother s face yelling that that was HER house and my friend confirmed to police that he was the only one on the deed. She was escorted out of the house via police. She later showed up to hold her high beams on the window to the bedroom my mom stays in for a solid 45 minutes. In fear for her life my mother called the cops and she was once again told to leave. My mother has been told that the rental people are indeed real and will be arriving tomorrow morning to a house that she technically is renting. There is no contract and the officer said he is not allowed to do that. She has considered changing the locks (after the ones that have been changed earlier without giving her a key) to secure herself from the lady and anyone else that may have the new key. She currently cannot leave the house due to lack of having a key and fear of coming home to the house locked by the lady (who has a key). If anyone is still reading a comment or message with advice would still be pretty helpful. Thanks for sticking in there.
2018-06-07 15:17:57
11
1. Your mother has been illegally evicted. She should seek help from the authorities if she needs somewhere to stay including the right to return to the property. She can sue the landlord for damages related to her illegal eviction. 2. Your friend can sue you for anything he wants to but there is no real way you can be held accountable for spontaneous maintenance issues in the house unless you had a clearly established duty to handle maintenance issues at the home and acted in a grossly negligent fashion such as ignoring an obvious water leak for a long period of time. 3. Your friend cannot hold your belongings hostage over a debt that he believes he is owed. If a probably almost worthless used bed will make him leave you alone about $2 000 you might consider letting him have it though.
2018-06-07 15:23:40
12
Landlord Lease Deposit Disputes
84,896
Lease Inquiry regarding allergies [WI]
I live in an apartment building with 12 dwellings. Part of my lease stipulates that the landlord will not tolerate any activity that disturbs others. My neighbor has informed me that she is allergic and or sensitive to a wide variety of common ingredients and substances. Our laundry is aligned in a pantry and she has complained that the smell of my laundry is causing her allergic reactions and has escalated this to the owners of the complex. She has made mention multiple times of how my apartment is the only one rented and everyone else owns theirs as if to infer I m out of place. Do I have anything to worry about?
2020-11-25 11:29:43
5
It s doubtful anything comes from it. If your landlord wanted to pursue anything they d have to bring an expensive to them eviction case and they would have to argue in front of a judge using normal brand soap violates your lease. You re allowed reasonable use of your apartment. While you re in a legal right doesn t mean it can t cause you headaches.
2020-11-25 14:38:32
3
Miscellaneous Legal Query
139,752
[Ohio] Neighbor s garage is infested with raccoons
I ll try to keep this short but sweet hopefully someone can give me some guidance. My backyard property line with our neighbor is mostly a fence but the back portion of it is the wall of his detached garage. The garage has had a hole on its roof for about a year or so that the owner hasn t fixed (which doesn t really bother me). However about 2 weeks ago my girlfriend and I discovered a family of raccoons living in the hole (a mama raccoon and 2 nearly full grown babies). We told our neighbor about it the hole and the raccoons but he doesn t seem to care. He rarely uses the garage or his backyard. I have a couple dogs that use my backyard everyday to play in and go potty and I m concerned that the raccoons being in and out of the garage and my backyard could be an issue if they are caught out in our backyard when my dogs are there. My dogs would probably try to attack them or raccoons could bite and scratch and spread whatever they are carrying. We ve called a few pest control companies but it sounds like trapping and removing them would be several hundred dollars and I m not even sure we have the right to have pest control trap animals on my neighbors property anyways. For any additional context- we don t have an HoA but we live in a downtown neighborhood area (neighbors on all sides). Property map- https: imgur.com ZdBPlpe So my question is- who is responsible for removing these raccoons from his garage? Is there any legal requirement for him to take action? Am I even able to have pest control try to capture animals on a neighbor s property if there is a reasonable risk of damage to mine?
2020-07-09 15:35:45
9
Here s OH s webpage on the topic: https: ohiodnr.gov wps portal gov odnr-core divisions wildlife related-resource nuisance-wildlife It includes a Contact Us link to have specific questions answered. (I think your biggest question will be: What qualifies as a nuisance ?)
2020-07-09 15:48:48
3
Miscellaneous Legal Query
133,983
Broker deleted my trading account with $5k on it due to a fraud
Hello everyone Apologies in advance for the poor language English is not my first language. I would appreciate any piece of advice below are the details and context of the situation. I opened a new trading account with new stock broker(based in Omaha NE) in late January. After going thru registration forms at their website I chose to deposit $5k from my checking account into my new trading account. I waited for a couple minutes and saw that my account was activated I received a welcome email and I was able to buy stocks which I did. The next morning I bought more stocks (including GameStop) and at noon my account disappeared. When I tried to login - it gave me an error that I was entering the wrong password and when I tried to reset my password - it told me no records were found. So I called their support line and they told me that my account was temporary blocked due a fraud investigation. I am not a US citizen but I m a permanent resident of the US (green card holder) and I have been living in Illinois for the last 7 years. The guy on support contacted their fraud department and asked me to send them an email with photos of my id green card and recent utility bill as proof of address. I emailed all of that information to them. I asked what if my portfolio go down while I have no access to my account and he responded that they might cover my possible losses if there is no fraud. He said it will take up to 2 weeks to verify information. I also went to their local branch in my city just in case face-to-face could change anything but the branch was closed due pandemic. I didn t hear from them in the next three weeks the only thing I got was a direct mail from them with a welcome package and a statement that my account has $5k deposited and list of stocks that I bought (marked as unsolicited with no further explanation). I called their support again yesterday (1.5 hours waiting time) and they told me that my account was closed due to a fraud. They did not provide any explanation or any details on why that happened. we can t do anything about it was their response. After I politely (if that matters) asked additional questions meaning what the hell is going on customer service guy said they will return the remaining balance in 60 days something he didn t tell me initially. But my remaining balance is $2500 down because the stock I bought went down during the time when I couldn t access my nonexistent account. After I asked who will cover my losses - the support just hung up. I originally came from a 2nd world country and even there that kind of behavior for a financial institution is nonsense. To me it looks like the broker just called me a fraud and stole $5000 of my money. I am not sure what the wisest next steps will be here for me will appreciate any piece of advice! note: Changed title removed IDs reposting with the mod s permission.
2021-02-19 15:13:31
106
&gt (marked as unsolicited with no further explanation) I can t speak to the particulars of your situation but I can tell you that unsolicited here means that you placed the order by yourself and that it wasn t recommended to you by a broker. This is noted so that if there is ever a claim against the broker relating to alleged mismanagement of investments it s clear from the record which orders were their idea and which were the client s idea.
2021-02-19 16:40:19
60
Fraudulent transactions via hacked account
142,483
Transgender employee creating uncomfortable workplace: am I opening myself up to a lawsuit if I fire them? [MN]
I run a small business in Minneapolis that employs 13 people. I recently hired a new site developer who is perfectly qualified for the position I need them to fill. I knew at the time of hiring them that they were transgender (he she looked very feminine and was wearing makeup but the gender on their application was male ...I m assuming because they haven t legally changed genders yet? I don t know how any of that works). Their transgenderness didn t bother me and I consider myself open minded about stuff like that. So no harm no foul and they started coming in 2 weeks ago. However since that time this new employee has been bringing their personal gender issues into the workplace and it s making everyone uncomfortable. For example he she has been using the female restroom. I don t personally have an issue with this since the restroom they chose (out of the two in our office) is a single-use stall...but my other female employees have complained about this on multiple occasions. Also during their first week here they sent a sort of hello email to all the other employees. In the email he she asked if everyone could call him her xer as a pronoun (?). He she has also privately asked me to use xer when referring to him her. I guess it just feels like a made-up pretend word that does nothing more than bring attention to an issue that shouldn t be discussed at the work place. I m all for employing transgender people but none of their personal issues have anything to do with my business and I don t like the idea of bringing someone in for their skill and now having to deal with all this other drama. I just want to come in get shit done and go home without having someone s gender issues on my mind all day. The individual is clearly a competent developer and would make a great part of our team if it wasn t for all this other stuff. Does he she have any legal protection regarding their transgenderness? Or can I let them go since this is an at-will employment state? I feel like keeping them on is going to end up being more headache than it s worth. Figured I d ask here first before getting on the clock with my lawyer. Thanks!
2016-03-01 21:13:16
8
MN considers transgender to be a protected status and was actually the first in the nation to do so (1993). In addition MN protects the right of an employee to use the bathroom that fits his her self image . Essentially you cannot fire him her over either of these matters. MN (and every other state but MT) is at-will but you still cannot fire him her for a protected reason. You can ban personal issues from being discussed during work time but you have to apply it equally. If you want to find a legal avenue to get rid of this employee speak with an employment attorney to review your options.
2016-03-01 21:18:38
39
Miscellaneous Legal Query
34,754
My dad s ex-girlfriend wants to take my dog.
Good evening Reddit I live in New York The title explains the bulk of the current situation I am in. My father is having a very ugly break up from his significant other and she wants to take my dog away from me out of spite for my father. She strongly disliked me over the time of their relationship and felt this would be a good farewell gift for me (just in time for Christmas). I do have him microchipped and I have paperwork to prove it. I m desperate for any advice that can be offered to me. I love my dog more than anything and I cant afford to lose him. Here is a picture of him. His name is [Diesel](https: imgur.com gallery CU4DBMF). UPDATE 1: (12 12 19) Good evening all! Today is my 19th birthday and my dad s ex girlfriend harassed my dad in my absence. She attempted to convince my dad to let her “watch” the dog. He had immediately said no after all the advice I had gathered from those in the comments. I will keep with updates!! UPDATE 2: (12 13 19) Good morning My dad s ex girlfriend for now on I will refer to her as Karen again attempted to guilt trip my father into giving her the dog. She explained how I essentially ruined her relationship with my father and I suppose the only compensation for that is my dog? Oh well I have him in my possession and I feel a lot better. She will likely try to get a hold of me when my father isn t around.
2019-12-11 23:27:22
176
Keep the proof that he s your dog in a safe place where she can t take or destroy it. If she tries to take the dog call the police and to report a theft. Too often the police will shrug it off as a civil matter when it s a pet but be very clear that someone is trying to steal your property and you want the police involved. State that you have proof that he is yours not hers. Is it possible to take the dog somewhere else for a few days until the gf is gone? Also make sure your dad changes the locks after she leaves. Good luck. It sucks that you are in the middle of this.
2019-12-11 23:31:50
216
Legal Battles Over Stolen Dogs
124,249
Kicked out at 18.
New Jersey I got kicked out of my moms house. Recently for the 3rd time. She abusive but any ways. I have a few weeks left of school. She doesnt own the house my grandparents do but i dont think theres any lease. Can she just legally kick me out. Without any notice. The cops just dont care. They just hate us cause she calls them for stupid reasons.
2019-05-29 13:14:50
19
If by kicked out you mean from one day to the next you re told you can t come back then no she can t do that. You would need to be formally evicted following appropriate New Jersey law.
2019-05-29 13:23:01
28
Miscellaneous Legal Query
112,547
Questioned by cop leaving apartment building
[IL]As I was leaving an apartment building (very large 400 units) a plainclothes cop confronted me and asked for ID. He claimed there were unspecified complaints and wanted to know what my business was there. I happened to have been visiting a friend - but as I have learned on this board and elsewhere saying anything beyond the minimum is not in your interest. My question is therefore what is the minimum? I know Illinois law says a cop can require ID and ask general questions establishing your presence in the area. I was probably more helpful than I needed to be but he just patted down my pockets and ended up letting me go. Did I have to reveal say who I was visiting in the apartment building? At what point would politely declining questions give the cop the right to detain? Is probable cause always needed to detain in this situation? To be clear there was absolutely nothing illegal in what I was doing there - I just really hate having to answer questions when I m minding my own business.
2017-03-17 00:23:22
5
I d go with the default rule that you never have to say anything... if they have probable cause so be it. I don t necessarily know state-by-state laws. certainly not the case here in NY and frankly I d be surprised if it was different in IL. Exception is of course if driving. edit: https: www.aclu.org know-your-rights what-do-if-youre-stopped-police-immigration-agents-or-fbi
2017-03-17 01:17:20
5
Fake ID Troubles
56,250
Can a person call the cops on me for holding their car that I fixed (with no storage fees) until they pay me?
Iowa I m a mechanic and I was hired to fix s a person s car (repairs including parts were $11 923.71) but the person is refusing to pay because I took me 2 days longer to repair it than I estimated before. Should I files a police report or what? (She gave me half payment before I started because she said that she didn t have Insurance)
2020-07-07 00:48:30
10
You file a mechanics lien.
2020-07-07 01:00:27
3
Miscellaneous Legal Query
133,883
KS-Can my dad keep me here?
I m 16 years old. My parents are divorced and split custody one week with a parent then one week with the other. My mom is in a bit of a tough spot financially. She told my dad earlier today that she might not be able to buy groceries and my dad won t let me go to her house because he says he could be held legally responsible for letting me enter a dangerous situation . My mom has since figured out a way to buy groceries(borrowing money from her brother). She has informed my dad of this but he still won t let me leave. Can he do this? He is also threatening to tell CPS which could really fuck up life for everyone. I love my mom and don t want to stop living with her.
2016-12-05 00:38:57
112
No your dad cannot. Your mother can come after him for violating the order. If he is concerned about a dangerous situation he has to call CPS he cannot take the matter into his own hands when there is an order.
2016-12-05 00:40:23
142
Custody Battle Between Parents
49,811
67 Hours with no overtime?
I work in the health care field as a per diem. I just got my first paycheck and I received no overtime from this organization. I was told per diems do not receive overtime however doesn t the law state that any employer that has an employee work more than 40 hours must be paid overtime? Is this not the case for per diems? It is a volunteer organization that hires PD to fill vacant openings. Thank you and sorry if Im breaking any rules. Edit- I am an EMT-B in NJ
2018-09-17 16:44:06
16
Your location is not optional in this question. Also are you a doctor nurse something else? Many jobs are overtime exempt.
2018-09-17 16:56:07
14
Overtime Pay Violations
91,906
Retaliation from reporting VP for sexual harassment. What can I do?
BAY AREA: A VP at my company has been sending me inappropriate emails and asking that I spend personal time with him. When out at company events he hovers around me and puts his arms on me. I (23F) am engaged and he (50 s M) is married with children. The guy absolutely disgusts me but I work for a small company where there is little recourse for such behavior unless its formally reported. Last week I finally turned in the creep and sent the messages to HR. HR showed him the forwarded messages and VP actually said that I was making moves on him. In fact he said I went on and on about how attractive he is and tried to kiss him. I think this qualifies as retaliation or at least defamation. Several other people have come forward due to his inappropriate groping and they still haven t fired the guy. Anything I can do?
2015-04-09 19:42:03
19
What did HR do upon hearing his response? Have you been penalized somehow? Has the harassment continued?
2015-04-09 20:15:16
14
Workplace Sexual Harassment Concerns
15,708
Should I get a lawyer? My Parents say no. [Wake County NC]
Wake County North Carolina G.S. 20-141(J1) http: www.ncleg.net gascripts statutes statutelookup.pl?statute=20-141 &gt (j1) A person who drives a vehicle on a highway at a speed that is either more than 15 miles per hour more than the speed limit established by law for the highway where the offense occurred or over 80 miles per hour is guilty of a Class 3 misdemeanor. **Background:** 1. I m 20 years old. I m charged with going 89mph on a 70mph highway. I have no prior citations tickets or criminal record. 2. I was charged at noon on January 3rd. I went to and completed a 4hour driver safety class on the same day I was charged. **Question:** My trial is 55 days away on the last week of February. I m petrified I feel sick and I just want to get it over with. I think a Class 3 misdemeanor is serious and I want to get a lawyer. My parents tell me that this is not a big deal I shouldn t get a lawyer and I should just go to court and plead guilty. I think my parents are wrong and I think pleading guilty will lead to DMV points and insurance points causing my rates to go up. I want to get a lawyer and essentially do what ever they tell me to. My parents think I m young and should listen to them no matter what do whatever they say. Who s wrong here? What should I do from here on out? Another question if I hire an attorney can this case be resolved before my trial date? **Edit:** I can t believe the amount of responses. Thank you very much to everyone who responded in this thread and to those who sent me a private message. You really don t know how much this means to me. Since the infraction I ve had a horrible feeling in my stomach and I know I won t be ok this is over. **I will be getting a lawyer.** I honestly don t have the money but I ll sell my guitar xbox computer etc. I ve already called and spoken to a few. I will update and make a new thread when I have my court experience and find out what happens. THank you again. **A special thank you to the North Carolina residents who gave me their story or provided advice.**
2017-01-04 15:41:23
147
Your parents are giving you terrible advice. Under no circumstances should you plead guilty to this. Being convicted of a misdemeanor offense = criminal record. What you should do is go to your court date and attempt to speak to the prosecutor beforehand about entering a diversion program. Since you re a first time offender they will very likely be able to work with you. In the event that doesn t work then yes you need to plead not guilty and hire a traffic attorney.
2017-01-04 15:43:09
338
Unresolved Speeding Ticket Issue
51,663
Ex Domestic Abuser Court Date
Hey all. I have a question. I recently got a call from the states attorney where I used to live. My ex roughed me up a few times and was arrested after one particular bad incident. Long story short the states attorney told me they didn t need me at any hearings and to not come unless I wanted to. Two days ago I got a voicemail from them saying they are sending me a subpoena for the trial where I am a witness. Maybe just the idea of being summoned to court in this manner is scary but I feel a little uneasy. Either way my question is 1. Should I consult a lawyer? 2. I took a job in another state as the instance of abuse where he was arrested caused me to have to resign from my job (long story short had a prejudice coworker who got wind of what transpired and called HR saying she didn t feel safe around me - even though I was the one who “lost” ). I only resigned because even though HR took my side this employee outed me to an entire plant of union workers and the “faggot” and “cock sucker” comments - etc - started occurring. I quit because the company wouldn t punish the employee or move me to somewhere where I wasn t being harassed. The state attorney explained they can t subpoena me now due to not having jurisdiction and would call me back. It s been 48 hours since that call and no word or letter has been sent to me. Do I have anything to worry about? I don t know if I will be able to get off work for this. I also don t have the money to travel 800 miles back home to attend. I want to see this dude get what s coming but I just honestly don t know what I can do. I also don t want to cause issues for myself. Any help would be appreciated. Thanks! Edit: state of occurrence - IL
2018-06-28 12:46:54
39
Hey first of all I m really sorry this is happening to you. I m not a lawyer but I work with victims of abuse. I know the subpoena is scary but its actually a good thing. Showing the subpoena to your employer will allow you to be excused from work. If you don t have PTO vacation time it will be unpaid time off from work but you will still be excused. Your worker can t penalize you for obeying the subpoena it legally compels you to be present to testify. As for the travel-- the next time you talk with thr prosecuting attorney ask about this. (Or you might be talking to a victim witness coordinator.) There might be some funds or grants to pay for your travel or reimburse your gas or hotel room (if you need one). Another option is finding a local domestic violence advocacy agency that serves the county where the trial is taking place. Even if they seem like they re just for women call anyway. They might be able to buy you a bus ticket arrange transportation get you a hotel and even arrange to pay for your food while you are in town to testify. The system needs you there as a witness and as the victim of a crime it should not be your responsibility to pay out of pocket to testify so the system can hold the offender accountable. There are supports out there you just have to call and ask for help. An added bonus to getting in contact with a DV advocate is that they will likely be able to accompany you to the jury trial and support you so you don t have to do this alone. Edit: I second the user that suggested asking about appearing via video ITV. I also realized I missed some of your questions! 1.) No you do not need a lawyer. Your lawyer in a way is the prosecuting attorney but instead of representing you they represent the interests of the State and the State happens to need your testimony as evidence. That s why the case file is called State of IL vs. Abusive Asshole instead of Your Name vs. Abusive Asshole. 2.) It s OK that it s been 48 hrs and you ve had no contact. Attorneys are really busy and if there s a jurisdiction issue regarding the subpoena they re probably just sorting it out and will get back to you. You don t have to do anything just sit tight until you get a call or the subpoena. It s very common for victims to worry about these things or feel like *you* are the one on trial. Take a couple deep breaths. You re the victim witness you re not supposed to know how this all works and you re not going to get in trouble. It is your abuser who is in trouble not you and none of this court stuff is your fault-- it s their fault because of their own behavior.
2018-06-28 15:32:59
37
Subpoenaed Witness Confusion
86,202
I just got threatened with a DMCA takedown for playing on a custom map for a video game.
Apologizes in advance as I m not sure how to word this. A friend and I were playing a game called Rust and recently they added an option for people to make custom environments for this game. These maps could then be used on a server and act as the game world. This would be the alternative to the default map that is randomly generated. It was just me and him and we weren t making any money or even recording but the developer found us and threatened to take us down for not asking for permission to use it. Does he have any ground in this as we would be by our selves with no one else allowed to join and we wouldn t profit off it in any way.
2018-10-05 07:10:43
5
Ignore him. Even by the incredibly loose standards of the DMCA this doesn t qualify.
2018-10-05 07:15:54
9
Miscellaneous Legal Query
93,384
[FL] Delivery driver here was delivering pizza and my topper flew off and detonated my back windshield. it s an expensive repair is there some way to get compensation?
these toppers are old and there are stickers on the bottoms that say the magnets need to be replaced every year so they don t fly off. i ve been here for two years and they have never been replaced i and other managers have talked to the GM and owners about this and they haven t done anything but still require us to use these toppers. i don t hate my job or want to take more than i need it is just a 1.1k repair and just some kind of help from them would be amazing. thanks in advance guys
2022-04-16 04:11:34
46
&gt there are stickers on the bottoms that say the magnets need to be replaced every year so they don t fly off. i ve been here for two years and they have never been replaced The general or assistant manager were responsible for maintaining their toppers. The pizzeria needs to pay for your new rear windshield or involve their insurance.
2022-04-16 05:59:05
61
Miscellaneous Legal Query
156,256
Hoping this is the right sub...not sure what to make of last night
My sister called me this afternoon very uneasy and I m not sure what to make of the whole story so here it goes.. Last night she went out with a friend to a restaurant bar and it was a completely normal Friday night. A couple hours into the night someone stole her phone off the table while they were both looking at a TV. On the way home she was driving and they got pulled over by the city police for not having her headlights on. She drives a brand new Lexus SUV with automatic lights that can t be turned off manually aside from pulling the fuse. When she pointed at the road and pointed it out the fact her lights were clearly on the cop started asking if she knew where her phone was which was strange because she hadn t called the police and reported it stolen yet (figured she d wait until she got home and report it in her town). Asked her about it for about ten minutes and said she was free to go so she went home. Apparently some time after this the same police department found the phone at a police station. At 2 30 in the morning she gets a frantic call from our parents because the police called from a blocked number asking about her whereabouts and what her brothers name was (could me me or my brother). They also called a random work related contact from the phone. At 3 in the morning the police from this town left their jurisdiction in a squad car to drive two towns over to my sister s house and tell her they d found her phone. At five in the morning they drove back out again and delivered it to her. Not only does she live two towns over but is also unincorporated and in county jurisdiction. She could tell someone had gone through the phone including the photos. She works for a company that s sort of a side project of the owner s. The owner s primary money maker is being the CTO of an international company who has their headquarters in the same town. Last night someone not only broke into her work and went through their offices but they also broke into the headquarters of this corporation where the owner is the CTO. Somehow they knew the only area in the whole building where the alarm system doesn t function properly due to the engineering equipment nearby. A couple of these things by themselves we d just pass off but all this weirdness in one night just has us on edge. Should we be concerned about anything or is all this likely just strange coincidence and those cops were just bored and friendly trying really hard to get someone their phone back?
2015-08-23 04:47:23
5
semi-legal advice: tell your sister to put a damn pass code on the phone. Not only will it prevent this crap it will make it difficult for the police to search it if she s ever arrested.
2015-08-23 09:14:26
17
Miscellaneous Legal Query
22,671
WI - Is it possible to pay child support without the other parent knowing where you are?
I m currently in the process of leaving a years-long physically and verbally abusive relationship. I am also about 8 months pregnant with a child that I do not want. Long story short my boyfriend sabotaged my birth control had sex with me until I was pregnant and prevented me from getting an abortion through isolation and control. On the unfortunately very likely chance that this thing doesn t come out stillborn I know it s going to be next to impossible for me to escape my boyfriend because he will use every single legal trick to keep me trapped. I know I won t be able to escape paying child support but I m pretty sure he can t force me to visit or to act as a parent. All I want to know is if it s possible for me to set something up with a lawyer where I pay them and then they pay the court or whatever but my boyfriend isn t able to find out where I ve gone or if I ve changed my name or something. TLDR: I don t want any contact with this kid or with its father so is it possible for me to pay child support without him knowing where I am? Edit: His mom just came by again to check on me and now she s sitting and reading a magazine. I m going to ask the librarians for help. I m terrified that something s going to go wrong but it s literally now or never. Thank you all for helping me.
2018-04-06 15:13:57
1,277
Wisconsin actually has a program for exactly this: the Safe at Home program began in force this past summer and this year the state is going to begin seriously enforce penalties as the legislature passed a law allowing them to penalize agencies for failing to follow through that goes into effect this year. [Program info is here](https: www.doj.state.wi.us ocvs safe-home) but the gist is that if you are the victim of abuse or the parent guardian of a child who is a victim of abuse the state can set up what is functionally a PO box that then has all mail received there forwarded to your actual address. You will be responsible for informing any local governments governmental agencies of your participation in the program should you qualify and enter it but this is pretty much exactly what you are looking for as it will allow you to protect your address from your abuser *and* others who may be aiding them in finding info on you your family.
2018-04-06 17:31:31
921
Miscellaneous Legal Query
80,623
My mom forces me to go into her videos to advertise her oils and religion can I take legal action so she can t use me as a promotional tool?
So for the past year my mom has been getting into the oily business and she knows I do not support it in any way. I am 14 years old and live in North Dakota and my dad is looking to get full custody. Until then I am asking you guys what I could possibly do until then. Then again thanks for the help.
2019-04-24 01:11:20
87
you could just not do it- intentionally fuck up. That may bring terrible consequences but you might have a fighting chance. Talk to your dad or other trusted individual about it.
2019-04-24 02:40:34
80
Custody Battle Between Parents
110,078
California - Fence Wall height issue after city s trolley upgrade
My city upgraded their trolley system that runs behind my house. They added a large generator behind my house to do that. They leveled the ground making the wall that was 7 feet now is only 3 feet. People are peering into my house now and I have had minor stuff stolen. I know that is just a matter of time before something major happens. The Homeowner s association talked to the city. They sent a lady who I could tell was just there to glad-hand and not do anything...you know take ideas back to her boss to see where to go from here. She came just to address the look of the giant fenced in generator and that wasn t my concern! We of course never heard back. What can I do? Should I goto the homeowner s and demand they build a higher wall to the level of the old one? Get a lawyer and talk to the city?
2016-02-29 22:31:38
9
Your best recourse is getting together with your neighbors to go to city council meetings (or their equivalent) and politely complain. Unless the wall was on your property then it was likely theirs to demolish.
2016-03-01 00:28:38
3
Neighbor Property Line Fence
34,698
[NYS] Former roommate left bills in mail moved without taking them threatened to sue me for bills late fees because I didn t tell her she left her mail here
New York State Former roommate moved out and has gotten different mail bills delivered here. One of the bills she got a late fee on because she didn t bother to check in and ask if she still had any mail until weeks after moving out. She s threatening to sue over her late fees because I failed to tell her she had mail here. Is this bull? I m not sure if she has a leg to stand on here or if she said these things out of anger embarrassment. She was a very nasty roommate so I didn t want to do her favors by telling her she had mail but once she asked me herself I told her she did have mail she could pick up. Am I on some legal hook since I didn t tell her until she bothered to ask me? Am I legally required to write return to sender ?
2018-08-09 02:23:09
5
Nope she is responsible for having her address changed and knowing when her bills are due. You had no way of knowing she decided to not keep track of her bills. Just ignore her.
2018-08-09 02:28:46
28
Landlord Lease Deposit Disputes
89,045
Employer refused to pay
In short I was refused pay for a day. Manager said enter PTO instead. I gave my 2 week notice the same day. On my last day HR agreed to refunded the PTO hours while keeping the time sheet the same. Should I file for Oregon unemployment or seek damages? Does this warrant building a case? I appreciate your help!
2019-03-01 05:00:23
7
You quit so unemployment isn t gonna happen. Are you saying they refused to pay for a day you worked? Were you hourly or exempt? When they refunded the PTO does that effectively mean you were paid for that day?
2019-03-01 06:19:59
3
Company PTO Policy Changes
106,081
Partner co-signed roommate got domestic violence charge after splitting my head open - what are my options?
Ugly post ugly night. Learned her true colors when she repeatedly punched my head after I refused to be intimate tonight. I was tired. She managed to strike in such a manner that caused quite a bit of bleeding which then caused me to freak the heck out. The next door neighbor overheard us and called the police. She got arrested with a domestic violence charge and I was told she was headed for jail and cannot return for 72 hours. We are co-signed to this lease until June. I sent an email to my landlord about the situation. What if she returns before the 72 hours? What if my landlord now ex cannot or will not resign the lease and I am stuck with it? Also out of curiosity what is she dealing with as a male to female trans person in jail in Oregon? (female on driver s license and on hormones no surgery). Nevertheless I need to get out - however I work mostly as a private-hire life coach for young adults with autism and have unsubstantial legal proof of income. What are my options? Thank you everyone.
2019-03-04 11:18:40
19
If she comes back before 72 hours call the police again if you feel threatened. Surely there is a temporary protective order on her from coming near you. Oregon has laws in place to protect you in this situation. Here is the [statute](https: www.oregonlaws.org ors 90.453) regarding this. It allows you with proper documentation to have her or yourself released from the lease due to the domestic violence. Read it and decide what you want to do. I cannot give you any idea what it will be like for her in jail.
2019-03-04 11:28:47
23
Landlord Lease Deposit Disputes
106,308
Intern Sweatshop. San Diego CA
My wife has been working at an agency in San Diego where everyone who is employed is first hired on as an intern. The ratio of full time employees to interns can range up to 30% interns of the whole company. During this trial period they directly manage client accounts worth up to $150 000 a year and are paid $10 an hour for 40 hours a week. They are encouraged to work unpaid overtime as it will prove that they are willing to put in the extra work to work at the company. In addition to this they: 1) Not only are not paid time and a half after 8 hours of work but are not paid at all past 40 hours. 2) Are required to use personal vehicles for company tasks without compensation. 3) Agree to a 3 month trial period but will remain interns at the same pay and no benefits if they don t press the issue. 4) Permanent employees who are overworked and quit (2 weeks notice) are denied their accrued PTO pay and are told they can t use the company on their resumes. 5) A foreign employee has been kept on intern status without pay increase or benefits for a year saying they can t sponsor her Visa??? 6) The official employee handbook states that you will not be paid overtime until you work 12 hours in a day (contrary to CA law I believe) 7) I also believe that many people are mis-classified as contract workers or overtime exempt. Perhaps not a legal grievance but clients are unaware that their accounts are handled by unqualified and inexperienced interns and are being charged at high hourly rates. Once hired the starting pay rate for everyone is 32k a year with 5 days of PTO until you reach 3 years. This includes very technical fields such as programmers and website designers. A few people have been keeping detailed tracking of their hours and would like to do something about the situation. Does anyone have any insight into the pros and cons of reporting this to a labor board or if it would be even worth taking further legal action? The grievances are not only for interns but there are more for permanent employees as well. I ve never posted here before but I appreciate any advice anyone can give! Thanks!
2015-10-04 03:41:45
25
Potential consequence: you lose your shitty job. I m not sure that there s any particular special rules about calling employees interns but my guess is that it would require some enrollment and credit for college etc. 1. Sounds illegal 2. Sounds risky but maybe not illegal 3. Same pay? Probably fine. Benefits? Depends on laws regarding benefits for full time staff. 4. Sounds illegal (PTO) and unenforceable (résumé). I would not use them as a reference though! 5. No idea. 6. Sounds illegal 7. Sounds illegal Have your wife get another job lined up and report them. Places to look would be the department of labor (wages overtime maybe PTO) and the IRS (incorrect 1099 classification).
2015-10-04 06:09:19
19
Unpaid Mandatory Training Issues
25,342
Landlady selling house and keeping security CT
To make a long story short I was on a month to month rental agreement and lost my job during the pandemic. I ended up owning 2 months rent and the landlord made an agreement to pay back the rent. In Connecticut we are current under an eviction moratorium. I luckily regained employment but now the LL is selling the house. I was just informed that despite me paying current and some of the past owed rent per month my security is forfeit. Even despite the current buyers wanting to keep me as a tenant. Do they have the right to this? And how screwed am I?
2021-03-29 14:36:03
23
Your security is not forfeit. The landlord can only use your security to cover unpaid rent or utilities or damages to the unit. You do forfeit any *interest* for any month in which you were late on rent. Did the notice say a)you were forfeiting interest or b)the security deposit was being applied to the unpaid rent owed?
2021-03-29 14:55:50
37
Landlord Lease Deposit Disputes
143,760
How hard should it be to get a stool at work?
I m in Michigan. TL DR is it legal for corporate to make getting a simple accommodation harder than it was to get hired? My injury was at home I simply rolled my foot badly and sprained it. An x-ray confirmed no break but I was advised to stay off it while the sprain heals. It still causes me daily pain a few weeks later. I work part time at a pet store both as a cashier and stocker. Physically speaking my job involves standing at the register walking the sales floor climbing step ladders lifting bags of product up to 48lbs and bending or crouching to stock low shelves. Immediately after the injury I got a doctor s note and called off two shifts while I was on crutches. I then returned to work using a cane for one shift and then going without. Problem is my foot still hurts and favoring it puts strain on my opposite knee which was previously injured. Even my shortest shifts (4.5 hours) are exhausting and painful nevermind the 8+ hour shifts. When I requested a stool to use at the register I was told something truly baffling. In order to get even a short term accommodation for my injury I have to have my manager submit a request to HR have a meeting with them (over the phone I would assume) have my doctor fill out a form and then they ll consider it. By the time that s done I could be healed or worse have injured myself further from continuing to use an injured foot. And that s all just to use a stool! I understand my immediate management team is probably not at fault for this and that corporate policies are the problem here but I don t know where to go with this issue nor do I know what I could even do. I understand a long term or serious accommodation needing to involve HR but this is just a couple of weeks so I can sit down when my foot throbs in pain. We don t have a union so they can t help but there is an ethics hotline poster in the back room. Does anyone have advice for who to talk or write to? Things to bring up or suggest? I would really appreciate it. Even if I can t help myself I dont want anyone else to have to go through this.
2019-09-02 04:24:38
10
You need your doctor to write a note of what you restrictions are and have him state specifically you need a stool while at the register. For injuries you always need to explain to your doctor about the job you do so they can write a note for your work. Just remember if your doctor writes a too restrictive note that the company cant reasonably accommodate then they can send you home without pay until you off restrictions. You would have to go on short term disability if you have it. If all you need is a stool then the company has to provide one since you are disabled. I used to work retail and it never made sense why they force cashiers to stand for no logical reason. Also look into one of these cushion mats as alternative they are really soft. It might help with standing but a stool would best in your situation. https: www.amazon.com gp product B00IWZ8HUA
2019-09-02 05:28:20
11
Workplace Injury Report Handling
118,906
Upstate NY - neighbors have a rooster that crows 2-3 times per minute for hours on end
It s driving the neighborhood crazy. This rooster is constantly crowing and annoying everyone. We are at wit s end at this point. The neighbors are ... Let s say less approachable than we d like. I figured I would post here to bounce some ideas to determine if any of these ideas are reasonable: * Calling police for excessive repetitive noise * Calling animal control * Anonymous tip to the town to see who they can contact I m somewhat afraid one of the neighbors are going to go on their property and kill the damn thing. I m their direct neighbor and don t want fingers pointed at me. More accurate location: Orange county NY
2019-04-18 18:13:04
14
I had a neighbor in Los Angeles who had a crowing rooster and it completely busted the myth that roosters only crow at dawn because that thing crowed all day long. I reported to animal control anonymously after I found the legal provisions that said it was illegal to have a crowing rooster within a certain distance of occupied dwellings. So see if there are any provisions like that and or if animal control handles these issues. That s a reasonable route for sure. Unfortunately in my case though my neighbors got the citation and cut the roosters vocal cords. He had a gargling crow from then on out. Ugh.
2019-04-18 18:26:41
22
Miscellaneous Legal Query
109,751
My car was towed out from my own apartment twice without any notice
I ll try to keep this concise as it is not an “emergency” but basically... I live in an apartment close to a college stadium where cars are towed a lot on game day. I HAVE a parking permit and it is OBVIOUSLY in the correct place. I left my apartment to drive to a gig ~ 20 miles away and discovered that my car was missing. I had no note phone call email or anything from the company saying what happened. Luckily I have seen this company driving around scoping out cars before in this lot so I knew who to call. Eventually my car was brought back but if I had missed the gig I was going to (had to borrow a friends car) I would have been out $200 and my professional reputation would be tarnished. I can t express to you how important that is for musicians. The worst part is when I returned home my car was brought back to its parking space... and it was BACKED in. This is important because a few weeks prior I noticed that my car had been backed into a parking spot and was confused because I never ever park that way... now I realize that the company towed my car realized I had a permit and towed it back without ever contacting me. If they had damaged my car I would have had no way of knowing who did it. So is there a way I can report this? I am ticked off about getting towed but more angry that they already did it once and never even called me. I want to protect people from having to consider legal action for a damaged reputation or income like I almost had to. TLDR scummy towing company took my car and never told me. Is there somewhere I can report this and if this happens again is there legal preparation I should do to protect myself? (West Virginia)
2018-12-01 15:57:54
31
Post a sign on your dash that reads I live here stop towing my car
2018-12-01 20:43:54
24
Unlawful Car Towing Issues
98,506
Father passed girlfriend got his money then she died 18 months later. What happens to his old estate now?
My wife s father died in February of 2016 at age 93. He had told us on several occasions over the years his estate would be split in this manner upon his death: His live-in girlfriend would have lifetime rights to remain in the home he owned but upon moving out the house would be sold and the proceeds split between my wife his only natural child and her two half-siblings. He said the rest of his estate -- retirement funds savings etc. -- would go to my wife He had a live-in girlfriend for 38 years. This took place in New Jersey a state that does not recognize common-law marriage so they were still legally not married. Upon his death we learned he had changed his will at some point leaving all of his estate to his girlfriend. The estate was worth ballpark somewhere north of half a million dollars. His girlfriend who was 89 soon had health problems of her own and several months later moved in with one of her own adult children in Virginia. My wife kept in touch with her by phone and email and then suddenly communication was cut off. We learned she suffered a stroke but my wife kept in touch with the lady s daughter seeing how she was doing sending her cards that sort of thing. Then suddenly all communication ceased from their end a few months ago. Today November 2017 we learned the girlfriend died in August while living with her daughter in Northern Virginia. We have been unable to get a copy of my wife s father s final will. When we asked his attorneys for it they tell us it has to come from his girlfriend since she was the beneficiary. The girlfriend never provided us with a copy. My questions are: Is my wife legally entitled to see or receive a copy of the will? Do we have to go to court just to do that? Does my wife have any claim on her father s estate? For most of their time together my father-in-law and his girlfriend kept most of their finances separate. I believe he certainly had the right to send the money wherever he wanted upon his death but now that his girlfriend has passed does his own estate revert to my wife or her and her half-siblings? Does the girlfriend s adult children simply keep it all now? Any info or guidance most appreciated. Thank you. LATER EDIT TO REPLY: Thanks all for your answers that s kind of what I figured. For the record both my wife and I are of the mind that it was his money he earned it so it s certainly his to do with as he pleases. No one is really entitled to anything unless it s legally bequeathed to them is my philosophy. But it s the half-sister and half-brother who have pushed us to try to do something stating since my wife is his only natural daughter it should be her to do so. I don t think we ll pursue anything it s just not worth the hassle particularly since it s not likely we have a legal leg to stand on. I m not sure when the will was changed but he was of sound mind right up to the day of his death. His girlfriend was manipulative and quite hostile toward his family at times but if that s the choice he made then it s one he had to deal with in his conscience on his deathbed I suppose. Truthfully it s more about my wife feeling hurt than the money. Thank you all for chiming in and giving me your thoughts.
2017-11-09 20:32:59
48
&gt When we asked his attorneys for it they tell us it has to come from his girlfriend since she was the beneficiary. So sounds like it did not name your wife as a beneficiary. &gt Does my wife have any claim on her father s estate? He no longer has an estate. An estate is just a temporary concept once the property is transferred to his wife it is her property and what happens to it is determined by her own will.
2017-11-09 20:44:35
54
Miscellaneous Legal Query
70,467
Should I take action against my old workplace ?
August 2021- January 2022 I worked at an Italian restaurant. When I started it was owned by an older Italian man and his family. But around October or November we heard rumors of him selling the restaurant. Long story short he sold the restaurant and the new older is a real A hole. They made the switch on January 1st. But before that we had a work meeting updating us of all the changes outside of our regular work hours. A majority of us had heard that the meeting was mandatory and that he had said whoever didn t come to the meeting was fired. (But none of us have that in writing just “witnesses”). Come to find out later on that he didn t pay us for that meeting. We were there for a couple hours on a Saturday morning before the restaurant opened. Also I worked 43 hours in one week as a server and wasn t payed any OT. I know rules for restaurants are different but should I pursue some type of action for either of these incidents ? I m not very familiar with the rules and laws.
2022-05-16 11:53:26
8
File a wage claim either with your state s department of labor or the federal agency if your state doesn t have one.
2022-05-16 12:18:24
15
Miscellaneous Legal Query
157,381
I m unhappy with the people who adopted me what can I do.
So when I was in about 2nd grade my father passed away and my mother had already been dead for a few years at this point. I was adopted by my aunt and uncle who for the purpose of getting across my distain for them I will call my aunt BPA (Bi-polar aunt) and AU (alcoholic uncle) my BPA is an unmedicated person suffering from bi polar disorder and this is the main problem I have with living with her as the only thing she uses to help the condition is use marijuana which admittedly did help a little bit and AU is a passive aggressive alcoholic who even pushed on my pregnant cousin sister (was this aunts daughter so after I was adopted became my sister) and this is what initially caused me to think of ways to move out. Since then I have narrowed it down to 4 people I could stay with 2 of which I m not entirely sure of one is another uncle who makes a lot of money so financial issues would not be a problem my old track coaches that immediately started to like me after they saw my drive in the sport after losing 2 minutes off of my mile time in one year and didn t hesitate to tell me they would adopt me and who make steady money my friends grandma who makes good money but has multiple people In her house already so I would have to get a job to help with groceries but would give me the freedom that I want and never had in this house and lastly there is the sister cousin that my uncle pushed who although doesn t have a job at the moment is going to be getting a job where she will make good money. My guardians fight frequently and it stresses me out and it isn t good for my mental health. My AU also has a tendency to break objects when they are in these fights. Please tell me what I can do to get out of this house. I despise it here and they recently said they might take away one of the things that keeps me sane in the house sports. Can I get out of this situation and if so how? P.S. I live in rural Nevada am I am 15 Update: I have spoken with my school counselor and he said he was seeing what he could do after I told him the things that they make me out up with and said he would talk to me more tomorrow but should be able to do something about it by the end of the week
2020-01-08 06:08:39
5
I think a lot depends on your country and region. You should probably include those. Age might also be a factor.
2020-01-08 06:11:34
3
Miscellaneous Legal Query
125,657
[Illinois] Employer Allows Sick Leave Punishes Use
I work in a medical facility (non-hospital or clinic) and recently the facility s manager has put up a notice saying all sick leave - doctor s note or no - is an unexcused absence. I believe this is primarily a response to people using sick leave when they just don t feel like working but to lump in people who are genuinely sick is throwing me. What s worse is that our line of work requires our patrons to be healthy and - as of right now - there are three employees with bronchitis meeting with 100-200 people a day. They don t provide or even suggest the use anti-viral face masks and they have to approve of even a mutual shift swap between employees. So can they legally say we cannot use our sick leave (separate from PTO) without getting in trouble? If so what s the point of accruing sick leave?
2016-12-22 12:11:17
5
&gt If so what s the point of accruing sick leave? ~~It would seem that they have implemented a policy making sick leave pointless which they are free to do unless contractually obligated to do otherwise.~~ My previous comment was speaking at a Federal Level Illinois apparently has an [Employee Sick Leave Act](http: www.ilga.gov legislation publicacts fulltext.asp?Name=099-0841) which levies protections for using Sick Leave and extends its use to family members. The recommended action is to file a complaint with the Illinois Department of Labor.
2016-12-22 12:25:49
9
Miscellaneous Legal Query
50,859
Query about appropriate gift for personal injury lawyer
Just over 4 years ago I was involved in a MVA as a pedestrian and I finally settled everything last week (hooray!). My lawyer was a stalwart ally in a long fight and did her damnedest to get me a settlement we thought was fair compensation for my injuries. I am over the moon with how everything turned out and I really want to thank her (and her support staff) for their hard work these long years. 1) Is a gift appropriate? 2) What sort of gift would be appropriate appreciated? I was thinking of bringing in a written thank you card along with a substantial gift certificate to the major coffee chain that has a location in the complex where my lawyer has her offices. I figured a free coffee run for the whole office wouldn t be a bad idea. Any lawyers legal practice staff with stories of gifts that went over well with the office or other ideas for a little thank you present appreciated. EDIT: I m in Canada not that it really matters all that much for this particular inquiry.
2017-03-08 00:58:54
5
1) Everyone loves a gift. And no there s no rules that prohibit him taking the gift from you. Some state bar associations have rules saying the gift can t be induced in any way by the attorney which leads some lawyers to turn down anything at all but if it s truly voluntary and not of substantial value I d be surprised if someone said no 2) Booze is always a good go-to. Lunch or coffee are too. Or some kind of snacks delivered to the office.
2017-03-08 01:03:50
6
Legal Representation Challenges
55,680
Got a Call from A Collections Agency threatening to take me to to court
4 years ago I went to a chiropractor they never charged me anything at each visit because it was all going to go through insurance. The chiropractor wasn t for any specific incident (meaning i didn t go because of a car crash or some other thing that would make someone else foot the bill.) I went probably 6-10 times over a few months. I then stopped going(because I felt better. About a year ago I got a letter from a collection agency for $1200 for that chiropractor. Apparently my insurance rejected it and the chiropractor turned it over to a collection agent. I never received a call or a letter or anything from the chiropractor office just the collection agency. They have now started calling my work and they claim they are going to take me to court. This seems crazy to me- it was 3 years between my last visit and the first time I was contacted. Is there some kind of statue of limitations for collections? Should I be worried about Small Claims court? Should I just pay this even though the chiropractor assured me it would go through insurance (which is why I kept going back)? (EDIT: THIS IS IN CALIFORNIA IF THAT MAKES A DIFFERENCE)
2014-05-16 15:42:40
13
The statute of limitations on contract debt is four years in California. If the last visit happened more then four years ago and you have not made a payment in that time frame the debt is time-barred. You can also send the collection agency a no contact notice. If they violate that you can sue them under the FDPCA. If they file a lawsuit and it has been over four years you can notify the court the suit is time barred in your response.
2014-05-16 15:49:30
17
Medical Billing Disputes and Fraud
7,392
Can I legally make my landlord work faster and resolve my growing list of issues?
**EDIT:** Live in US Minnesota. So I came home from work today and was greeted by a large roach in my cabinet. Now when I was a child I lived with roaches and know if theres one theres more and roaches are an immediate deal breaker wherever I go. No reviews about it so I didnt know ahead of time. Now when I moved in I saw shells and dead roaches around the apartment. I (stupidly) gave him the benefit of the doubt and let it all slide. Also there was a mouse my cat caught was told they USUALLY (not sometimes) get inside when it gets colder my oven is broken (called twice) my sinks also busted (called three times fixed once) my door still needs to be replaced (supposed to have been in June) laundry machine is useless (idk how long it has been) and they painted my tub the paints chipped away landlord saying he ll look at it and make sure I didnt somehow fuck up the tub.a Whenever I call about things it takes two weeks. Again: THESE ARE ROACHES. Two weeks is all it takes to have an infestation and I have a cat with me so I cant be spraying around raid and bombing the place consistently like I normally would (or have him randomly doing it as well). So is there literally any way I can force him to legally fix my stuff sooner? Im tired of waiting for him to finally get shit done. I get waiting at least 72hrs but making me wait 12 days just to get my stove put in (which was supposed to happen the very next day) is poor management and business. **TL DR:** Roaches mice busted oven and sink. Landlord made aware of oven and sink months ago just barely doing anything about it all. Can I make him fix these things sooner instead of the usual 10-14 day wait .
2018-08-23 11:13:22
10
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2018-08-23 11:13:22
2
Severe Roach Infestation Issues
90,084
Drunk man in my apartment complex took my patio furniture and threw it in the dumpster.
So r legaladvice what are my options? There was a lot of commotion outside of my apartment tonight. There was a fire alarm that had multiple fire trucks ambulances and police officers outside my place tonight. I was hanging out outside watching when a drunk old man came up and stood right outside. I went inside. He then waved me outside so i stepped out to see what the problem was. He immediately stumbled on my patio and asked if he could sit down. I said oh no man I m gonna head back inside just wanted to see what the commotion was he immediately starts cursing me out and screaming he s a marine vet yada yada. I go back inside. He comes back and grabs one of my patio chairs and sits in the sidewalk staring at my door. I call the cops. He takes my chair and throws it in the dumpster while im on the phone. My neighbor got this on video with some pictures. Cops come and the man is now sitting on some ladies patio and they re politely talking to him but you can tell they want him gone asap. Cop tells me he s a known problem and he actually lives in my building. I say i would like to look into property damage charges or trespassing. Cop tells me it s no use because he s crazy. The cop goes and corrals the man then leaves without ever coming back to talk to me. Do i have any recourse here? Im located in central Iowa. I now have to be constantly worried that this man knows where i live and ive brought all my outdoor furniture in. I believe some level of punishment is justified to prevent this happening to me and my neighbors again. Ideally we could get him evicted all together. Who would i reach out to for any level of legal action?
2020-05-21 05:30:33
15
You could sue him for the damage but he s unlikely to have any money. There s an eviction moratorium until May 27 at least in Iowa but once that ends your landlord could probably evict him either for a clear and present danger or for a violation of the lease. You can t force the cops to charge him with anything.
2020-05-21 05:46:31
15
Miscellaneous Legal Query
131,926
As a programmer can I be held liable for code I am instructed to write?
Hello legaladvice. My title sums up the general subject of my question. I looked admittedly briefly for other threads posted here relating to this question but was unable to find anything. I m sure its a topic asked about before. I also did a web search but would prefer a more personalized answer to my specific situation. However any good reading on it would be very nice to look over. &amp #x200B To keep the post as short as possible my current employer has me concerned about the programming I am instructed to write. There are three primary questions I would like some clarity on. I am a sole developer who maintains a system not written originally by me that handles the entire process of the business. I have rewritten a large part of the system but not all of it. I have only been here about a year. My first question **can I be held responsible for parts of the program not written by me either criminally or civilly? Similarly can I be held responsible after I leave?** &amp #x200B * Missing Requirements This is not the place to rant about my job and I will to my best to avoid this sounding as such. To keep it short my company has no sense of code control (or any process control in general.) Our jobs are held at the mercy of two owners related by family whose wants change daily and are often contradictory to themselves and one another. At times we have to undermine them not in a rebellion but in the sake of keeping the business operational. If you know the term scope creep it is rampart here. I am constantly given instructions to write a process which I am completely ignorant of without any requirements. I m simply given an end goal and only after I m done am I told to return and reprogram the requirements. Some of these are very important like government regulations and leaves me concerned I have missed some which could result in criminal or civil case. I am also instructed to do things I am not completely ignorant of and know can result in package rejections although I have yet to do anything I know is clearly illegal (but they could have been). **Can I be held legally responsible for writing a process that is illegal although I am doing so under instruction?** &amp #x200B * Customer Contracts This is my most direct worry. I recently did a complete overhaul to how we invoice customers for services rendered. I treated this process *very* sensitively. However I am still just an employee and have no power to make executive decisions. For example I would ask * In the case of x do we charge y? * No contracts were ever pulled for these situations. The two bosses would sit and discuss how they wanted to charge and then tell me the result. I am positive that a number of these were in violation of contracts and at the very least made me uneasy. **Can I be held responsible for implementing these demands in the case that a lawsuit occurs?** &amp #x200B **TLDR SUMMARY QUESTION** **Legally speaking how much responsibility lies on a programmer who is at times given unclear requirements and at other times given requirements that can result in criminal or civil cases?**
2019-05-23 15:18:02
40
Lawyers rely on the concept of “reasonable care.” That is you re not expected to be perfect just good. The prevailing legal view is that it s impossible (or nearly so) to create perfectly secure and reliable code so nobody s handing out death sentences for every little bug. Some kinds of mistakes are okay. But you are expected to exercise “reasonable care” in writing your code testing it and ensuring that it does what it s supposed to while not also doing too much that it s not supposed to. You need to be professional in other words. Also If you are fired because you refused to do something illegal at work or because you reported illegal activity you may have legal claims against your employer. A number of laws intended to protect the public from dangerous or illegal activity from environmental dumping to fraudulent accounting practices also protect employees from retaliation for blowing the whistle. Even if no law directly protects you from termination you may still have a legal claim for wrongful termination in violation of public policy.
2019-05-23 15:25:15
27
Miscellaneous Legal Query
112,181
Can I make a forum RPG?
Hi. I d like to make an RPG website that takes place in the world of Dragon Age. It is copyrighted. I d like to use Forumotion as a forum-engine as I can t create my own website but it runs ads on its forums. Is it legal to create an RPG like this on their website? Or a site that has no ads at all?
2019-06-03 12:52:41
5
Is this a text-based RPG you re making? Where the players post what their characters are doing and role play with each other? If so you re fine. I would look up fair use and make sure you have a statement saying you re in no way affiliated with the company that makes Dragon Age. There are hundreds of forums like this for all sorts of copyrighted material: Harry Potter Game of Thrones Zelda you name it. I used to play one of these forum games for the DotHack series of games.
2019-06-03 15:03:25
5
Miscellaneous Legal Query
112,859
(ME) How can my mom(63F) keep a neighbor off her property who deliberately falls and sues people?
My mother lives in a neighborhood where an elderly woman with some mental health issues has taken numerous neighbors to court. She approached a boy in the street with a puppy the puppy jumped on her and she took the parents to court and made them get rid of it. She was rumored to have said she needed a new roof and was going to fall in order to get it. Then fell on someone s property and sued them. She has been lurking around and waiting for people to leave their houses before making an excuse to go onto their property. She went onto a neighbor s porch who had a large box delivered from UPS and was in the process of moving it when the owner told her to leave. She claimed she was moving it out of the rain. She tried to approach my mother s dog when Mom was hanging laundry. She said she wanted to give the dog a treat but mom walked her off. She caught her circling a puddle in her driveway and escorted her off the property as well. In order to avoid any potential problems how can my mom keep her off her property? What needs to be documented? Does she need a no-trespassing order? Edit: The dog died a few months ago so that is no longer an issue. Thanks for all the replies.
2015-10-24 18:14:01
325
Security cameras covering the front and sides of the house to record everything. Won t help keep her off but will help if there s a court fight.
2015-10-24 18:28:19
357
Miscellaneous Legal Query
26,736
Fiancé s uncle has embezzled millions of dollars from the company her grandfather started in order to pay for an extravagant lifestyle and is also the trustee.
Everything that follows it true and unexaggerated. It all started in 2011 with the death of my fiancé s grandfather. In his will the company was divided evenly between his two children his daughter my fiancé s mother his son my fiancé s uncle who was also appointed ceo and trustee. My fiancé s mother s share was divided evenly between her mom her sister and herself. Along with dividing the company three trusts were set up for my fiancé s children. Two of them for college and one as a special needs trust. At such time a tedra was created my fiancé s uncle brought in everyone listed in the will and forced all parties to sign it without legal counsel threatening to cut anyone out if they refused to do so. With no other options all signed. Fast forward to 2014 when according to a forensic accountant currently employed with the company having managed all accounts discovered money being funneled from the company accounts to the trustee s accounts to pay bills non company expenses and trips. They also noted the special needs trust was also withdrawn from into accounts also controlled by the trustee. A house and yacht was also purchased using some company funds. This continued until sometime in 2017 at which point the accountant says it stopped and has not resumed to date. During this period the other members of the tedra were supposed to be receiving dispersments on a monthly basis from profit sharing. This was not happening as the trustee was keeping it for themselves and issuing personal checks when begged by the other members to help in emergencies. The FBI was contacted in order to remove the trustee and appoint a third party as well as recoup some of the money taken. The FBI refused the case citing a low monetary amount (around $4 million) as well as the unwillingness of the accountant to testify. My fiancé has attempted to contact other law firms but due to a large retainer required has been unsuccessful in finding one. As of the end of 2017 to now dispersments are being properly sent out. The current issue is that in order to get married a prenuptial agreement must be signed or her stake in the company is forfeit. But in signing the document it includes somehow granting the ceo trustee a controlling stake in the company which negates the need for a vote in the trust. We have no way to confirm this as we are not given financial statements when asking for them and are terrified to do anything for fear of reprisals. Please there must be someway to prevent this person from destroying the company and our children s futures please.
2018-10-03 18:55:50
24
This sounds complex and a lot of money is at stake. Hire a lawyer.
2018-10-03 19:00:15
26
Family Estate Disputes
93,264
Started a business with my partner who is slowly going insane and now it s beginning to have negative impacts. What are my options? (CO)
**backstory**. A friend of mine and I met while we were in college. I have an engineering background and he has a finance one. For a few years we tried to start up our own company but to no avail. Fast-forward to February of this year where I quit my job as an engineer to pursue my own dream of running my own engineering firm. At first it was slow but now it s actually starting to pick up bringing in a few new clients every month or so. This is typically good news for a startup but my business partner has been experiencing a decline in his mental health. At first I thought it was just anxiety doing its thing but it has become increasingly worse. Here are just some examples: * He called me up a few weeks ago to tell me we can no longer talk on the phone since we re being listened to. * Accused his roommate of being a part of an investment firm performing due diligence on us as a company (it did not go well). * Has called up our business partners and has accused them of being behind all of this. * Sincerely believes that a well known hip-hop artist is secretly behind all of this and is looking to acquire us for a few million (we re a small company who serves a niche area) which will somehow lead to him getting a tv show. In the beginning of the summer he called up all of the consultants we work with to renegotiate a new rate which is perfectly reasonable. Everything went quiet for a few months. I confronted him about it and he just said some stuff about how we re applying leverage . To get the actual answer I went to one of our old partners who showed me an email he sent asking them to mark up the price **500X**. I can go on and on. We rely on our business partners to pass along engineering work to us so maintaining those relationships is crucial. I ve caught him acting more hostile to our clients and I don t want this to ruin everything. I want to let him spend sometime to work on himself. Here is where things get tricky: * We formed LLC under my name and it has only ever been under my name. As far as the paperwork goes it looks like I ve been the sole owner. * We have never had any working agreement on paper about an equity split. * My name and information is on our business accounts. His role has been biz-dev and finance only so I don t think I need to worry about IP. What are some things I can do to cover my own ass?
2017-09-21 06:42:28
19
You meet with an attorney ASAP. Your literal dream job of a business which seems to be off to a positive start is at risk. You seem to be in a decent position but you absolutely want an attorney on your team to ensure everything is handled properly. Think of hiring an attorney as another kind of very specific insurance because that s what it is. And from a business perspective whenever you start bringing clients in and generating some cash is a good time to have an attorney look over your contracts and whatnot. And then for your friend. While I m not a medical professional or have any specific knowledge on the matter beyond a few college classes that sounds like textbook schizophrenia. Early adulthood is also a peak time for onset of symptoms so that lines up as well based on the timeline. You should definitely do what you can to make sure he gets the help that he needs.
2017-09-21 06:54:41
18
Business Partner Financial Misconduct
67,172
company never delivered a sofa set and are refusing to deliver them refund
so my mum ordered an expensive sofa set before we moved house 4 years ago but forgot about them when issues with the house rebuild happened. i know it was a long time ago but we re trying to make it work since (from my understanding) the limitation period on a contract like this is 6 years. is it worth suing? we re looking to claim on breach of contract since we paid for the sofas and the company never delivered. they said this was because the store we bought it from closed down shortly after purchase and the records got “lost” but we contacted other local stores and they managed to find the original receipt so i don t know how they think they can just not refund it? Edit: if we took this to court would extra damages be given ie is it worth the cost of hiring legal council for something that only cost around £1000? would we get extra payoff? any advice is appreciated and i m happy to answer any questions to clarify
2022-02-26 20:39:47
7
Try r legaladviceUK they can probably help you better over there. Basing this on your use of mum and the £ sign. :D
2022-02-26 21:07:43
7
Moving Company Delivery Delays
154,736
False rape accusation. Need advice.
During the weekend myself and two friends went out for drinks. A random girl comes up and starts chatting. I invited her back to my place she obliged and we have had sex. Both of us had been drinking but it seemed fine. We even joked a bit afterwards. Anyway my friends come back to my place (they were staying here) and she left. Fast forward to today. Cops ring my bell asking about this girl and that she had suggested that I had done things that she hadn t wanted. I give my statement and included my friends contact numbers. What type of lawyer do I reach out to and get ahead of this? I don t want someone that may regret a one night stand to ruin my name or life. Any advice would be greatly appreciated. Located in the SF Bay area
2017-08-23 07:08:25
15
&gt I give my statement and included my friends contact numbers. You already screwed up. Keep your mouth shut from this point forward. Do not talk about it with anyone including the police. If you re arrested consult a criminal defense attorney. It wouldn t hurt to do so preemptively.
2017-08-23 07:11:21
38
Rape Accusation and Legal Complication
65,318
Wife worked for a non profit organization and had a 403b she left the company and has been trying to get her money out of her retirement plan. They are now say g they switched companies for their 403b and now they are making her pay a fee. Is there anything we can do? (Kentucky)
So my wife worked for a non-profit organization and has a 403b like I said in the title. When she started working for the company they had told her she can transfer and withdraw her money if she left with no penalty other than the IRS taking taxes on it. She left the company about 6 months ago and we have been going round and round about it with them. First they let her go with out any compensation for 53 hours of personal time she had earned which she has let go and not mentioned. The company also took months to notify the company which controls the 403b that she had left and are now telling her that since they switched companies that control the account she now has to pay a $75 fee to the company not the company controlling the account which they only contributed 5$ to her 403b plus pay the irs. She was never notified of this policy change until this morning when she called once again to discuss getting her money out of her retirement account. Is there anything we can do to avoid the $75 fee since she was not employed when the fee was put in place? Also is there anything we can do to get her compensation for the 53 hours of personal time?
2017-01-23 16:32:59
18
&gt First they let her go with out any compensation for 53 hours of personal time she had earned which she has let go and not mentioned. [link](http: www.labor.ky.gov dows doesam Pages Frequently-Asked-Questions.aspx) Must my employer pay my vacation pay upon termination of employment? Whether you are paid for unused vacation upon termination of employment depends on the policy or past practice of your employer. Kentucky labor laws do not specifically require that an employer pay an employee for unused vacation upon termination of employment. &gt The company also took months to notify the company which controls the 403b that she had left and are now telling her that since they switched companies that control the account she now has to pay a $75 fee to the company not the company controlling the account I have never heard of this before. Any money she contributed to the 403b is her money. The only time you pay the IRS is if you are doing an early withdrawal or cash out which is a 10% penalty plus taxes. If you do a direct transfer rollover to another qualified retirement account then there are no penalties and taxes
2017-01-23 18:16:18
8
Miscellaneous Legal Query
52,733
[PA] Survey showed neighbor s fence is on my property
I had a survey done yesterday to mark my property in anticipation of installing a new back fence. Unrelated to that the survey showed that the existing fence on the right side of my yard is actually on my property (I believed it to have been my neighbor s) and 5 and a half feet of the land over the fence in my neighbor s yard is actually my property. I have lived in my house for 6 years the fence was there prior to my buying it. I was not informed of this by any party when I purchased my house. I am actually fine with leaving things as-is I don t have a desire to make them move the fence and reclaim that property. But I want to ensure that when I go to sell my house later or if my neighbor sells theirs that neither of us gets screwed. Like I d want to have something to show to a prospective buyer stating where the property lies and I d like to have some kind of arrangement as to who is financially responsible for moving the fence should that event arise. I plan on speaking to my neighbor about this soon to see if they had any kind of arrangement with the previous owner of my house. But if there is nothing written what is the best way to proceed? I don t want to make an enemy but I want to ensure I am covered.
2016-05-16 14:23:42
170
If you want to retain ownership of that strip of land you could offer your neighbor an easement. This would help defeat a claim of [adverse possession](http: www.nolo.com legal-encyclopedia who-can-claim-property-based-adverse-possession-pennsylvania.html). But depending on how long this has been going on the neighbor may have already met the 21 year statutory requirement. In which case someone needs to file an action to quiet title to try and establish ownership. Assuming the survey is correct you could always approach your neighbor about having him buy the section that is yours on his side of the fence. If you don t care about making money off it you could offer him a quitclaim deed on that strip of land in exchange for his paying the recording fee with the Registry of Deeds plus $1. It would probably be in both of your interests to pay a lawyer a flat fee to draw up the transfer. But unless the neighbor is fine with just moving his fence the best way to protect yourself is to legally settle the matter of ownership of this strip of land ASAP.
2016-05-16 15:02:18
126
Neighbor Property Line Fence
39,353
Is the legal verbiage in a bidder s contract w Auctioneer located in PA enforceable?
**TLDR:** I am going to proceed w CC chargeback against an Auctioneer in Pennsylvania. Is the legal verbiage (pasted at bottom) in the bidder s agreement enforceable? I won a bid (just $400) for a pair of commercial 40gal steam kettles via an online restaurant auction with locations warehouses throughout the USA (reminder this occurred in PA). These units have inflated new retail list prices of $18k but for the age and design the 15yo units would list for $700-1200 on eBay. I was purchasing them not for resale but as an end-user with a specific location already prepared. I drove 150miles to acquire them. Hired a friend w pick-up to provide the transport. I had EVERY intention of acquiring these units but **LEFT THEM AT the warehouse** after the following actions by the Auctioneer. **Background:** It is mandatory to pick-up the very next day as auctioneer s warehouses are constantly in a flux w new liquidations &amp inventory. (**significant storage fees begin after 24hrs**). When I arrived the two kettles were also connected (not disclosed in the online images or description) via steam piping hosing and simple electronic wiring to an upright steam-oven that was listed in a separate auction. (I doubt the auctioneer realized they were connected. I did not initially notice either when examining the equipment directly in front of me. I just imagined they were tightly packed together - like sardines.) **Further background to provide more perspective:** Each kettle is ~3square feet weighs 400lbs and shoehorned in narrow rows w dozens of other pieces of commercial restaurant equipment. That day there were 6+ rows in the warehouse with just enough space (I d estimate 30 ) to walk. [sidenote: Those warehouse workers really have a tough time as it s a sliding puzzle trying to gain access to individual pieces. You always have to move (slide drag) some unrelated and seemingly always heavy piece of equipment to access your items] Field manager s solution to disconnect detach separate the disparate auction items was to simply sawzall the piping &amp hoses. (There was also electronic wiring but I believe they were able to avoid that.) I highly suggested they use a pipe wrench to disconnect disassemble in the reverse order eqpt was originally mated together. I even offered and had my own tool bag including pipe wrenches and a propane torch. (My forethought did not include this disparate piece of equipment not included in my purchase. I only imagined planned disassembling the kettles to make **MY off-loading easier** as the Auctioneer would have loaded both kettles as one unit via a forklift.) Auctioneer s field manager response was that they do not warranty condition. (so flawlessly recited that I m sure she states it in her sleep). I then watched them further damage the base of the housing as they roughly slid the kettles in the narrow path to gain access. I stated I would refuse (even with field manager warning about my forfeiture) if they hacked-away at the unit. [I did take pics. In retrospect I should have taken video. It s more compelling.] Bottom-line: They were treating the equipment like scrap metal. Though a total of ~1000lbs the equipment was vibrating and shaking as the blade tried to get a good bite into the steel and cast-iron pipe. **I did REFUSE possession** (even with field mngr warning my actions being regarded as a forfeiture and not warranting a refund). Admittedly if I had not watched the **savage manner they liberated the units** I would have been none-the-wiser and drove away WITH the kettles. However I DID watch it. And while I was very aware of the as-is untested non-guarantee to function when I made my bid their actions further jeopardized that functionality. If something in that unit didn t function it could cost 5x my purchase price to repair it. (If the blade pierced the kettle directly the chamber between the layers of stainless steel would not be repairable.) That equipment saw more abuse in the short-time at auctioneer s warehouse than it did in it s 15yrs of service. **Update** I did depart warehouse with a few ancillary items (pots pans &amp a small table to elevate kettle height) in a separate auction listings I also won. Obviously I intend not to dispute nor chargeback the properly itemized cost fees &amp taxes for those items. **Currently:** I have to wait 5 days for my CC transaction to convert from pending to actual before I can dispute charge with credit card company. I have already been told by CC rep dispute will not be an issue. **Questions:** 1. [Repeat from TLDR above] Is the legal verbiage (pasted at bottom) in the bidder s agreement enforceable? 2. Should I contact auctioneer and request they cancel waive transaction to save them associated fee s for a charge back? (I m sure they could resell the items for the same price in a future auction). 3. What recourse (if any) if the Auctioneer pursues other manners to acquire payment? (Eg: Forwards bill to a collection agency affecting my credit or begins to charge me storage at $100 day). Thank you Redditors w apologies for the length. I thought better to provide as much detail as lucidly as I could. --- **Auctioneer s Legal Verbiage** (this is not the entirety but the sections on chargebacks): NO CREDIT CARD CHARGEBACKS: Each Bidder agrees to NOT under any circumstances initiate a credit card chargeback with respect to any charges. Each Bidder further agrees that if in violation of these Terms and Conditions a credit card chargeback is initiated by the Bidder these Terms and Conditions shall be conclusive evidence of the Bidder s (i) agreement to not initiate a credit card chargeback and (ii) waiver of any rights to initiate a credit card chargeback. Each Bidder acknowledges and agrees that on the Auctioneer s presentation of these Bidder Terms and Conditions to the bank credit card company or other financial institution that issued the credit card on which the disputed charges were made such bank credit card company or other financial institution shall deny any credit card chargeback and shall re-credit all amounts to the account of the Auctioneer. If a Bidder initiates a credit card chargeback such Bidder even if successful shall remain liable for all purchases made at the auction and shall be responsible for all costs and expenses including any attorneys fees storage fees packaging and handling fees transportations fees and or disposal fees etc. incurred by or on behalf of the Auctioneer or Seller in challenging the credit card chargeback. Each Bidder agrees that the agreement to not initiate a credit card chargeback is a condition to the issuance of a Bidder Number to the Bidder and is being made as an inducement for the Auctioneer to accept the Bidder s Registration and to issue a Bidder Number. Bidder Inspection: Every item in every auction is available for bidder inspection prior to the auction ending. See the above terms for preview location and availability. We strongly urge each Bidder to attend the scheduled preview day to inspect items prior to bidding. By bidding each Bidder acknowledges and agrees that they have had a full and fair opportunity to inspect the item(s) and is relying solely on the Bidder s personal inspection whether in person through a proxy or based on the provided photographs and opinion (i) in determining whether to bid (ii) in determining the amount to bid and or max bid and (iii) in submitting the bid max bid. ITEMS SOLD AS IS WHERE IS and WITH ALL FAULTS : THE ITEMS ARE BEING OFFERED AND SOLD IN ITS AS IS WHERE IS CONDITION AT THE TIME OF THE AUCTION WITH ALL FAULTS INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE. NEITHER THE AUCTIONEER NOR THE SELLER MAKE ANY REPRESENTATIONS WARRANTIES OR GUARANTEES WHATSOEVER EXPRESS OR IMPLIED REGARDING THE NATURE VALUE SOURCE AUTHENTICITY FITNESS MERCHANTABILITY FUNCTIONALITY AND OR ANY OTHER ASPECT OR CHARACTERISTICS OF THE ITEMS. NO STATEMENT ANYWHERE WHETHER EXPRESSED OR IMPLIED INCLUDING VERBAL STATEMENTS MADE BY THE AUCTIONEER OR EMPLOYEES OF THE AUCTIONEER SHALL BE DEEMED A WARRANTY OR REPRESENTATION BY THE AUCTIONEER OR SELLER REGARDING THE PROPERTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING THERE ARE NO WARRANTIES OF TITLE NON-INFRINGEMENT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE BUYER OF THE ITEM(S) AGREES THAT THEY CANNOT RELY AND HAS NOT RELIED ON ANY REPRESENTATION WARRANTY OR GUARANTY MADE BY THE SELLER OR ANYONE ACTING AS AGENT OF THE SELLER ORALLY OR IN WRITING ABOUT THE PROPERTY.
2016-12-25 11:32:38
37
Hmmm I am not in PA so I don t know if there is anything special there that might apply but it seems like a contract that could hold up. I think your best argument might be that you agree to purchase an item as is but that they damaged destroyed the item AFTER you purchased it and that is why you refused to accept it and why you did a charge back to your credit card (based on not receiving what you paid for). Think of it this way. What if it was a glass bowl that you bought as is and it was scratched up a bit but while THEY were transporting it out of their warehouse (while you protested how they were doing it) they dropped it and it broke. Would you pay for it and then sue them to recover the costs? Or would you do a charge-back on the credit card payment and let them try to sue you claiming that you bought it (despite the fact that you paid for it as is but it was now shards of glass because they dropped it)?
2016-12-25 13:29:25
31
Miscellaneous Legal Query
51,005
Bank won t close an account someone else opened in my name
I found out about the account 3 years ago I called and they said they would look into it and close it (might be this account or another one but still was an issue). Got an email a week ago about the account info changing called and spoke with people until they said “we will close the account in 30 days“. my parents received a letter in the mail saying “thank you for changing your address from {college} to {their address} for account #####”. I am going to call again tomorrow to tell them again “never let an account be opened with my name again”. While I do this is there any legal action I can look at to force the account to be closed? Edit: called again today they said they can t tell me anything because they never opened a fraud case. When asked to open a fraud case they transferred me to a dead end “activate your new card” line. I m going to their office later to continue talking as well as submit a police report since I realized there was someone s name in the address change letter.
2019-08-26 00:19:08
58
Why do you think they are unwilling to close the account? They told you they would. Has it been 30 days?
2019-08-26 00:20:32
36
Miscellaneous Legal Query
118,451
(FL) Power company wants to completely cut down oak trees that are well on my property (not just on the easement to the road) that are over 100 years old because they threaten the power lines.
The oaks are part of what makes my property what it is and why I want to live here. Is there anything I can do to prevent it? Is this even legal of it s on the property?
2017-10-17 23:33:00
80
If the oaks are interfering with the powerlines they not only have the right but also the obligation to trim them. What you can do is get a competent arborist in and have them trim the trees properly to ensure they don t interfere with the powerlines and keep that trim maintained. Because the PG&amp E guys are butchers and will just lop off the top. You can usually ask for a short extension by calling and letting them know that you are having professionals come in to trim the trees properly.
2017-10-17 23:37:29
116
Tree Disputes with Neighbors
68,840
Public guardian (Victoria Canada) investigating my father s estate I am power of attorney. Help!
My mother was the person who was appointed to care for my dad after he had a stroke in 2003. My mom passed away from cancer last July and I am now the power of attorney for my dad. I have taken care of his financial needs and physical needs ever since and since he was paid out by an insurance company when my mom died he is financially secure. The estate person told us that his interests are now transferred to the assessments and investigations department of the public trustee. I have read horror stories about their abuse financially and otherwise of disabled seniors. I m just so scared that they will try to become guardian over my dad when I m doing a good job of it myself. I am power of attorney over him as well so... Please any advice will help
2017-06-12 18:08:31
5
The Office of the Public Trustee is not in the business of taking advantage of seniors or children. They are however seriously overworked with a very heavy caseload. You probably have the best chance by talking to the assigned person from the Office of the Public Trustee. You have the right to ask them for explanations or clarifications when they ask for documentation or other information. Work with them. If you are sincerely concerned that they re going to take advantage of you and your father then get an attorney to help represent you to the Office.
2017-06-12 19:34:53
5
Miscellaneous Legal Query
61,087
DoorDash skipping out on paying bonuses and guaranteed pays.
My husband is doing DoorDash to make some extra money for our household. He keeps getting these “bonuses” and guaranteed pay offers. He accepts them and then they won t honor what they are promising. When he contacted support(which was extremely difficult to do) they said he needs to take screen shots in order to receive bonuses. Never have they mentioned that he needs to take screen shots to receive the pay he is promised. If they are doing this to him they are doing it to everybody. He s already been cheated out of at least $100 and he hasn t even received his first pay deposit. If they don t honor the pay and bonuses he literally winds up working for free once you cover fuel and wear and tear on the vehicle. What sort of action should be taken when a business is cheating individuals but on a huge scale?
2018-10-07 14:38:53
212
From what I ve heard of doordash they change the terms and conditions of the bonus *and* require a screenshot for it to cheat drivers and purposefully make contacting support hard to do so you drop it. It s probably outlined somewhere he needs to provide screenshots since most posts about them involve their shady practices on the bonus pay. It also looks like they re consistently late with paying wages but your husband can file a support ticket with them [https: dasherhelp.doordash.com missing-payments ](https: dasherhelp.doordash.com missing-payments ) If all else fails he can file a wage claim if they don t pay him but likely the bonus won t happen because he didn t follow their procedure. He s likely better off driving for another delivery company since DD has tons of complaints about these shady practices they commit.
2018-10-07 16:06:56
120
Miscellaneous Legal Query
93,557
Bought a pre-built computer from a well known site and they don t want to refund me.
I bought a gaming computer from a well known gaming pc site about 5 months back and have had to send it in for repairs 3 or 4 times now. It still does not work and when it comes back from repairs it only works for 1-2 days. Also they have sent it back mishandled and with lose screws inside twice. I tried to help diagnose what the problem is but couldn t narrow it down. So now when I asked for a refund they are saying no and want me to send it in for repairs again. I knew I had 30 days for refund from purchase but when I got it I had to send it in for repairs a couple days into it. I have all records and emails. I live in Oregon US. What can I do? Should I email them back and tell them that if I can t get a refund from them then I can take it to court? What would be the procedure for this?
2017-12-23 00:41:48
7
Did you happen to pay for it with a credit card that confers an extra warranty?
2017-12-23 01:17:36
2
Fraudulent transactions via hacked account
73,530
HOA sent us to collections without a bill despite being on autopay for the past 5 years.
Located in Arizona. We purchased our home in 2011 and our HOA was run by Company A with primary contact Karen. In 2014 Company A was acquired by Company B which sent us notice in early 2015. The primary contact did not change as Karen was now an employee of Company B. At this time we set up autopay for our HOA dues with Company B. At the end of 2017 we moved to a new house and rented out this one. We notified Company B and gave them our new address to which they should send correspondence. All is fine and in March of 2018 we receive notice via email that the autopay service that is being used is changing but that no action is required and the autopay will be transferred to the new system. All is still fine and in **June** of 2019 we received a letter to our new home address that Company C will be the new HOA management company of the rental house beginning July 2019. The contact at Company C was still Karen so she most certainly knows how to contact us and had our payment information from the past 8 years. This notice stated that a website will be available soon and that more information would be sent in **May** (yes before this letter was sent) that would include a statement of our account. This is the last and only physical mail we received from Company C. I have received two emails from Company C one in October 2019 and one just last month unrelated to billing. We never received further information or a statement of account. We never received notice about the autopayments nor that we would need to start paying them instead of the prior company. We have not received a single bill. And yet today at the original home (rental property - my tenant notified me) a letter arrived from a Law Firm stating that my account was in collections due to HOA DUES 10 1 19 TO 1 30 20 The amount is significantly higher than the dues just for those months and there is a fee that is even higher than the amount due. Upon looking at my checking account I see that the last 3 instances the autopayment should have withdrawn they did not do so. So I have no problem paying the dues owed to the HOA but I do not believe it is fair to owe fees when I was not notified of any required changes to payment. I never received notice from Company B that a new company would be taking over so how can I trust that Company C isn t just some scam? I never received a single bill from Company C nor a statement of account or even how to pay them. Upon looking up the company name I found their website which does have a way to process payments. I also found that this Company C only has 3 employees the main contact is still Karen and has the same physical address as Company A from years back. Is this just the same company changing names and parking my debt just to try and get more money from fees? What are my options in dealing with this Karen who has been the bane of my existence for the past 9 years. Thanks in advance for your help.
2020-02-16 01:18:01
12
Contact members of your HOA board directly. They had to approve this going to collections and probably have no idea the management company has screwed up the account. Boards will often wave fees and fines when an owner takes the initiative and is willing to pay the back dues and bring the account in compliance. You are most likely on the hook for the dues and the cost of collections as that is standard language in the CC&amp R.s. Going to attorney and lawsuit with only 2 or 3 months in arrears leans towards abusive as generally you want the costs to collect to be less than the amount owed. You are responsible whether or not they even mail out the statements and most CC&amp R have you on the hook for all legal costs incurred by the HOA so if your thinking of fighting this plan for paying back the HOA for 500 bucks for every hour their attorney works on this and their attorneys read really really slowly.
2020-02-16 06:02:55
7
HOA Legal Issues
127,659
VA Resident: Wells Fargo Siphoned Off our Savings &amp Paycheck Without Notice: My family is temporarily destitute desperately need advice.
X-Posting with r personalfinance Me and my wife have a joint account at Wells Fargo. Yesterday morning when my card declined when purchasing gas I contacted the bank thinking it was a simple mistake but the reality was a nightmare I didn t even think possible. After some investigation Wells Fargo had implemented a “Hard Hold” on our joint and savings account at the behest of a legal order from Dominion Debtors out of Virginia Beach Virginia. Apparently my wife has a $4500 dollar balance from a $900 dollar Capitol One credit card she had when she was 19. I didn t know her back then so I have absolutely nothing to do with this debt. We were completely blind-sided by this there was no notice of legal action evidence of debt or correspondence of any kind. They had already pulled the $800 dollar savings balance in our account but we were more terrified of the fact that my bi-weekly paycheck and her paycheck will be coming through early Friday morning and will be pulled from our account as well. I called and visited Wells Fargo called the creditor and looked up legal references online all day yesterday with no hope still. I begged and pleaded with the debtor and Wells Fargo to understand that I had nothing to do with the debt and at the very least the fair thing to do would be to spare my paycheck so my family can have some resource to live they did not care. Both advised that we would have to wait until March 16 to go to court to talk to the judge. We have ZERO finances until then. To pour salt on the wound it s obvious that Wells Fargo was in collusion with the Debtor since they knew exactly when to implement the hold- late enough that neither of us cannot stop our direct deposits from going through. I was reading that this is standard practice and the bank gets a kick-back from the debtor as well. I just got off the phone from Wells Fargo for the 5th time but they discontinued the call when I advised them that I was recording the phone call for my records. On top of that the bank will be collecting overdraft and bounced check fees for bills that we had paid but not gone through yet. Our lives have been upended I feel robbed and betrayed by Wells Fargo. How can someone render a family destitute through a legal order without a legal notice to the victim party? Please help. Tl dr We were blindsided with the “legal” draining of our savings and livelihood without any notice from any entity. Wells Fargo victimizes its customers in return for a kick-back from these vulture debt collectors. Effectively destitute and want to right this wrong. I have NOTHING to do with this $4500 dollar debt on top of everything. Edit: u donny_2 posted a link on Zombie Debt that provides new (to me) exposition to this whole situation: http: valawyersweekly.com 2014 04 07 the-walking-debt
2015-02-13 15:38:54
20
Nobody siphoned anything your bank accounts were garnished. This happens when someone wins a judgment. In this case your wife had debt and a debt collection agency won a judgment against her. She owed the money and they garnished it.
2015-02-13 15:48:17
54
Debt Collection Legal Issues
13,545
Am I liable for medical bills that belong to a dependent on my insurance? [oregon]
I have insurance through my employer and my kids and my husband are on the plan. I m separated from my husband not yet filed for divorce. He lives 200+miles away. * If he goes to the doctor can I be held liable for his unpaid medical bills? * Is he legally entitled to access funds from the HSA (which is in my name managed through my employer s benefits plan)?
2013-09-17 17:32:25
5
Due to being married? Yes Maybe. Due to him being on your insurance? No.
2013-09-17 18:22:53
2
Miscellaneous Legal Query
3,748
[Wisconsin] My picture is being used in coupon books to advertise for a business I haven t worked for in 2 years. What can I do?
Some back story: My buddy used to own this moving business and we all agreed to take a cool picture of us in front of some uhauls and it turned out really cool! But that was two years ago and since then a different guy has bought the business. I ve never met the guy but he is using that picture as his banner on his website and now it s being used in coupons that are being sent everywhere in our city and the city next to us. I don t feel comfortable with my picture being used to advertise a business I don t work for from a guy who I ve never met. In fact..NOBODY in the picture works there anymore. I doubt there s anything I can do but what can I do?
2019-09-05 12:14:29
38
you took the picture for the business. business was bought by someone else someone else owns the picture now.
2019-09-05 12:26:21
53
Unauthorized Use of Copyrighted Images
119,101
(CA) Landlord shut off water services
I live in Los Angeles. I moved into a new apartment about three months ago. When I was shown the apartment they told me trash and water is included. When I signed the lease the property asked me to immediately connect gas and electric under my name but no mention of water. I m not sure if this is relevant but a new property manager took over about a month ago. The new property manager basically called me on Thursday afternoon and texted me notifying me she has reviewed my lease and that I am responsible for the water and that they have close their account with the water utility with immediate effect and I am now responsible for my own water. I checked the lease and this was true it says the owner is not responsible for any utilities (I can t believe I missed it when I reviewed the lease although I was under a time crush to sign it and give notice to my old landlord). As it has been a heatwave and we are in the middle of a pandemic so I immediately called the Utility provider to put the account in my name however they said they needed two business days. Luckily I am still receiving water services at at this point in time. Have they violated any laws? What would you IANALs do? Obviously this has left a really sour taste in my mouth and fingers crossed no one will shut off my water.
2020-09-07 21:02:22
15
It s not a criminal case. As long as you didn t lose water service there s not an issue. Ideally they d let you change service into your name before cutting service immediately.
2020-09-07 22:00:07
9
Water Bill Dispute Resolution
136,602