Legal Advice AMA with UCLA Law Professor and law blogger Eugene Volokh on June 13. |
- AMA with UCLA Law Professor and law blogger Eugene Volokh on June 13.
- [TX/FL] Update: Fined $13,066 from the TSA for grabbing my insulin pump
- My sister in law is in ICU (braindead) life insurance policy they've had for ten years now is saying policy doesn't exist because my brother missed a questionnaire. They have been accepting payments for ten years though. And according to the online system she has a claim. Can anyone help
- Sued for a bird feeder [CA]
- Racist Employee faking illnesses....
- My GF's Parent's lack of financial care is going to land my GF in jail
- Boss backed into my car
- Boss presented MY liquor service card to liquor control inspectors.
- Ohio. My stepson was prescribed a medication by his pediatrician (and seconded by a neurologist). Both mom and I agree with it. His dad disagrees and is threatening legal action if we give him the recommended medication.
- In NYS, are tax funds supposed to go to trash pickup and a fire department in a village? Village isn’t providing basic amenities such as trash pick up, recycling, and emergency services despite having $500+ monthly tax fees on homeowners. (NY)
- Girlfriend is being sued for her moms debt.
- Just realized I might be laundering someones money
- (DC/MD/WV) Vacation time at my company is renewed every year when employees reach their employment anniversary, but now my company trying to take more than half of mine back.
- Apartment spontaneously charging all units with pets for mystery poop [NM]
- (NY) Can I be sued by a doctor for defamation based on someone else's online review?
- Been separated four years, ex wont sign divorce papers.
- Our home sale is closing this Tuesday and just got word today that there has been a CPL slapped on the home by the seller's ex (who is not on title) What can we do?
- Had my cat for 3 years, stranger now claiming he lost cat as a kitten and is threatening to sue for return (PA)
- Can retail companies do this?
- Former boss pocketed certification money, endangered lives, and probably evaded taxes.
- Birth Control Device failed, is killing my baby
- Post-divorce (10yrs+) Repo Issues [NYS]
- Employment Handbook Section Confusion [GA]
| AMA with UCLA Law Professor and law blogger Eugene Volokh on June 13. Posted: 07 Jun 2018 09:53 PM PDT On June 13 r/legaladvice will be very pleased to host an "AMA" by UCLA law professor Eugene Volokh. Professor Volokh teaches free speech law, tort law, religious freedom law, church-state relations law, and a First Amendment amicus brief clinic at UCLA School of Law, Before coming to UCLA, he clerked for Justice Sandra Day O'Connor on the U.S. Supreme Court and for Judge Alex Kozinski on the U.S. Court of Appeals for the Ninth Circuit. Professor Volokh is also the founder of the noted law blog the Volokh Conspiracy which until recently was hosted by the Washington Post, but has since moved to Reason Magazine. He is an author of several textbooks and over 150 op-eds and law review articles, some of which can be viewed here. In addition he is one of the most cited legal scholars anywhere in the country. His areas of scholarship are wide, however he is noted for his work on internet and technology law and the second amendment. r/legaladvice is very lucky to have Professor Volokh. Questions will go live at 11 am Eastern/8 am Pacific and he will start answering questions at 2 pm Eastern / 11 Pacific, though you can ask some below and we'll port them over. [link] [comments]  |
| [TX/FL] Update: Fined $13,066 from the TSA for grabbing my insulin pump Posted: 07 Jun 2018 07:22 PM PDT First, I'd like to thank you all for all the advice and supportive messages you all have sent me since I made this post. I reached out to a lawyer, who drafted me a response free of charge to send back to the TSA. I questioned his verbiage as it looked to me like I was apologizing for everything and admitting guilt. He responded saying that yes, you are apologizing (and asking for a warning instead of a fine), but nowhere in the e-mail are you admitting guilt. He further stated that this is the best course of action for now and that he was 99% sure they would drop it and just give me a warning. But should they come back with an actual fine, to contact him back for official representation. I received the response today, and they gave me a warning. No fine. I am so incredibly relieved. I know a lot of you encouraged me to sue the TSA and whatnot, but I am overjoyed that this is finally behind me. I did have some definite fault in what transpired, and won't make that mistake again. I do think there was some significant negligence on the TSA's part that I could have taken some action on, but frankly, I'm glad it didn't come to that. Thank you all again for everything. [link] [comments]  |
| Posted: 08 Jun 2018 10:31 AM PDT |
| Posted: 08 Jun 2018 08:43 AM PDT My neighbors are taking me to small claims court for excessive noise and damages to their roof resulting from a bird feeder on my property. Before I put it up I verified that there are no local ordinances against them in my area. I asked (via text) to see evidences of the damage, but they refused. I offered to (and have taken steps to) reduce the number of nuisance birds (e.g., pigeons, doves) and the activity early in the morning, but they insist on taking it to court and accuse me of harassment for trying to resolve the issue amicably. When they initially contacted me they sent a letter stating that they had gotten a quote to install solar panels and that the birds "could" cause damages to the roof. In their court claim, they state they "have caused damage". I can demonstrate that at least two items in their complaint have been exaggerated. It seems to me that they are using the courts to scare me into giving up a lawful and peaceful enjoyment of my property, and are seeking compensation for damages that "might" occur. Does their case have any legal merit? Edit - they gave me written notification of intent to seek legal recourse if they feeders were not removed "by the end of the week." I refused, took steps to reduce the problem birds. It's the tail end of nesting season, baby birds are just leaving nests, so it may take a while to see significant changes. I was served with papers taking me to small claims court about two weeks after their cease-by date. [link] [comments]  |
| Racist Employee faking illnesses.... Posted: 08 Jun 2018 06:15 AM PDT I own a very small business in NJ, under 10 employees. I have an employee who has been with us a year and in the past 4 months has repeatedly called our due to "medical issues". He refuses to go to a Dr. (big pharma, etc) and claims to not be able to feel his feet, so he can't walk or work. However, he's able to go out and do other things, but not work. (I don't want to get too specific for in case he's here) He's called out 6+ times in 4 months because of these issues. Within the past 48 hours he's made a few extremely racist comments, and we want him gone. My concern here is he LOVES lawsuits and being involved with legal council, etc. so if we fire him I'm concerned he will claim we fired him due to his "disabilities and illnesses" (all self diagnosed). Is this something I have to worry about? Thank you in advance. [link] [comments]  |
| My GF's Parent's lack of financial care is going to land my GF in jail Posted: 08 Jun 2018 07:39 AM PDT So, obvious throwaway account. I'm honestly afraid to ask for help here because of the subjects involved. I also don't have all the information but what I'm looking for, obviously, is advice or guidance on where to go and what to do with this. My SO's parent(s) have dragged her into a situation where she might be facing jail time for back taxes on a business she technically owns. Well, dragged might not be correct. But in any case, what it boils down to is this:We all live in NY state (poor edit), my GF's parent run a business under my GF's name because one of them is an illegal immigrant and the other didn't have a way to get the business, I guess. They have been rampantly abusing her credit score and running up credit cards and not paying their business taxes, for years. Even before my GF was out on her own, they have at the very least, used her name and information to do business and open lines of credit. What's crazier is that they told her when she had her own business, was that she needed money set aside for taxes, which they never did for their own, clearly. Last year, she was contacted by the IRS becuase of this and her money in the bank was seized. Now, her paychecks are being docked for those. We then find out THIS year that a second lien is being placed on her. Luckily the IRS doesn't know where she lives right now or she'd be arrested, I guess. What can we do? At this point, I'm ready to throw her parents under the bus but I don't know how we could do that or where to go to start the process of keeping her out of jail. She is having panic attacks from the stress involved. I know I haven't given a ton of "great" information or anything crazy detailed, but honestly anything would be appreciated. [link] [comments]  |
| Posted: 08 Jun 2018 05:55 AM PDT I had backed out of my parking space. Before I started pulling forward he backed out and hit my car. There was a witness that confirmed this. He told me that he is not at fault and refused to give insurance info, then told me to not take into account that he is my boss when I make decisions on what to do. There was ~$1000 in damage to my car. I work in a right-to-work state. What are my options? Location is Florida. [link] [comments]  |
| Boss presented MY liquor service card to liquor control inspectors. Posted: 07 Jun 2018 11:56 PM PDT Title says most of it. I was working in the kitchen at my job (not touching, ringing in, mixing, or serving alcohol) tonight, and right in the middle of our dinner rush the Oregon Liquor Control Commission inspectors came in. I was heading to the back to grab some stock for the kitchen, when my new manager came running past me into the office. She turned around and asked me for my OLCC card (service permit). I didn't even think about it and handed her my card. She then proceeded to present MY card as her own to the inspectors. I thought when I initially handed it to her it was because the inspector needed to see everyone's permit. I now realize that it was because she didn't have her own. This makes me seriously uncomfortable because she apparently didn't have her own on her, which you are REQUIRED to. She says she has one but I have no idea if that's true. My question here is this, is what she did illegal/ a findable offense? I've tried to look through the OOCC website and can't find anything. I just want to make sure that I won't get into trouble. I genuinely didn't know she was going to present my service permit as her own. [link] [comments]  |
| Posted: 08 Jun 2018 07:20 AM PDT The divorce papers did specify that they both need to agree on doctors/medications, but dad previously agreed to this and then randomly decided he is now against it. Who has the right-of-way here? I can see both sides to this. But this boy needs this medication. Its not life-saving or anything, but he has some mental and developmental issues that his pediatrician and mom and I agree may help him. [link] [comments]  |
| Posted: 08 Jun 2018 05:30 AM PDT While stationed at Fort Drum, we purchased a home, and less than a year later came upon orders to move, so we are not there now. We kept the home and rent it out. The home is located in Sacket's Harbor, which is considered a "village" and it is part of Jefferson County, in Upstate NY. There is no village-wide trash pick up. There is a recycling drop-off area, for boxes, glass, and newspaper. No one works the gate, you simply let yourself in and organize on your own. Trash pickup has to be organized by yourself, there are two companies that will head out there from the main town. Neither of them advertise, and I have no idea if I'm supposed to put that on my home-expense list for my own personal taxes as a LL, or what. It's about $30/mo for pick up, in cash. Yesterday I received a letter from the "Fire Company" essentially their fire department/emergency service, asking for donations to buy a new ambulance. In the letter they point out that they do not receive tax funds, are made up entirely of volunteers, and can not afford to buy new equipment any longer from their personal funds any more as they also do not receive a salary. They are asking for $95,000. The water bill in this town isn't clear - it's hand typed on a postcard and delivered to your address. There isn't a firm schedule of measuring, and no one seems to know how much it is per gallon. An "official assessment" went out saying that the taxes on water will be raised again this year, to "$7.44 per thousands". Per thousands what? Where we live in Iowa, it's measured by gallon, as in $0.62/1gal. While doing research I was expecting that sort of chart but there isn't one. I called the Supervisor of Waste Management and all his office could say was, "I don't know what to tell you," when I asked why taxes were so high yet basic amenities weren't in the budget. I went over their public budget assessment, there are no exact numbers, just estimations. I called that person's supervisor to ask if the rising taxes dollars were going to spent on basic amenities and he said no, and to take it up with the mayor. Do I really have to call the mayor to ask for trash pickup? Online it says there are 1,450 people in the village. I do not want to be a LL in a town where so many things are unclear and so little is provided. It's a beautiful town, and this year alone they have pulled in $39.7 million dollars in sales taxes alone (as reported by the local newspaper). NY State Village of Sackets Harbor [link] [comments]  |
| Girlfriend is being sued for her moms debt. Posted: 08 Jun 2018 10:25 AM PDT My girlfriends mom walked away from her house and the bank is foreclosing on it. My girlfriend was served papers saying they are suing her and her siblings for the debt. Is this just a scare tactic or is she liable for the debt? Edit1: no she is not a co-signer the house was bought when she was a child. [link] [comments]  |
| Just realized I might be laundering someones money Posted: 08 Jun 2018 02:06 AM PDT [Australia] so my parents decided to go on a trip around the world for a few years as people in their generation typically do. They didn't want to let their business fall off so they asked me to run it while they were gone and in return I get free accommodation and a nice wage. Skipping straight to the point here, I have a terminal that I run payments through. A friend of my parents is going through a rough divorce right now and every now and then she calls up to ask me to take a decently sized payment from her card. My parents said they know about it and I never really questioned it. I always assumed she was hiding money from her husband but only now did I realize that I'm essentially the one doing the stealing for her. How illegal is this? would I be responsible if she was found out? [link] [comments]  |
| Posted: 08 Jun 2018 08:57 AM PDT I've worked for a federal contractor for 3 and a half years. Per our company employee handbooks, vacation time is earned annually when the employee reaches their employment anniversary. No reference is made within the employee handbook that these hours are prorated, and it is reflected on my paystub that I had 80 hours of PTO available when I crossed my employment anniversary at the beginning of this year. Well, contracts come and contracts go, and my company lost their bid, and all of us are getting picked up by the new company. No big deal right? Here's where the problem comes in. I've used all 80 hours of vacation time that, according to my paystubs, I had available to me. We officially found out about this contract change a month ago, and now my employer is trying to say that I owe them 41.5 hours back since we aren't going to finish out the year. If our hours were explicitly prorated, I would perhaps find this understandable, but as I mentioned up front, there is nothing in our company policy that suggests that our hours are prorated, not where it talks about how hours are earned nor about how hours are paid out upon separation. Am I wrong to assume that my employer is in the wrong here? My paystubs clearly and explicitly said I had a certain amount of hours available to me, the dates they were added to my PTO bank correspond with the written policy in our employee handbook, and that's precisely the amount of hours I used. And now, after I've already been paid for using them, my employer says I owe them back. This seems wrong to me, and I'd appreciate any information or advice that might be helpful. For the record, I live in Maryland, my employer is based out of West Virginia, and our contract was for work that took place in DC. Thanks in advance! [link] [comments]  |
| Apartment spontaneously charging all units with pets for mystery poop [NM] Posted: 07 Jun 2018 10:00 PM PDT Received this notice the other day -
A portion of the lease states that:
It seems like if you're personally witnessed neglecting to pick up after your dog, the management company could legally bill you $57.00. However, are they allowed to arbitrarily charge all units with pets this fee for the upcoming month? What's to stop them from charging this fee again in another month if they feel like making another ~$600 or whatever from the entire complex? How could fighting this be approached? [link] [comments]  |
| (NY) Can I be sued by a doctor for defamation based on someone else's online review? Posted: 08 Jun 2018 09:11 AM PDT Recently a friend of mine posted an online review for a doctor with whom I had a very bad experience. (Short story: a simple procedure performed by this doctor led to an unexpected outcome which resulted in a need for additional treatments and surgeries, along with therapy with a clinical psychologist to address post-trauma anxiety.) He wrote (paraphrased) "My friend has been through physical and emotional trauma since seeing this doctor. I wouldn't wish this on anyone. I see great doctors and have never heard of an experience like this one." Everything my friend wrote is accurate and he did not make any assertions about the doctor herself. However, another online reviewer indicated that this doctor called him and threatened legal action about a negative review, so I'm wondering if I can expect a call and if the doctor has any legal standing to pursue action against me and/or my friend who wrote the review. Any insight would be sincerely appreciated. [link] [comments]  |
| Been separated four years, ex wont sign divorce papers. Posted: 07 Jun 2018 07:36 PM PDT My wife and I separated four years ago. We don't have kids, and don't own anything together so I filed all of my paperwork myself to avoid legal fees. Four years later she still hasn't signed the paperwork and I just want this to be over. What can I do? Further info: I'm in Utah, ex is in California. When I called the courts they said our case had been closed for inactivity but I could submit a petition to reopen it. [link] [comments]  |
| Posted: 08 Jun 2018 11:25 AM PDT Located in British Columbia, Canada. I am absolutely gutted by this. We have already incurred costs on this home, like insurance being paid already for the first two months and the utilities have already been switched over as of June 12. *Edit - also should mention that my stuff is packed up and currently in the back of my SUV and we've already bought big ticket items for the home which were final sale. (I know, I know, we should have waited til Tuesday but honestly, we thought this deal was done. It's also my first home so I didn't even know something like this could happen.) Seller's lawyer now wants an extension of 30 days on this but I do not want that. I want the keys on Tuesday, as planned. She rushed us to do this sale within 4 weeks in her counter offer, vs the 6 weeks we asked for in our offer, which we accepted and practically killed ourselves to meet her guidelines -- which looking back, her disgruntled ex is probably why she rushed us. Regardless, do we have any leverage here? [link] [comments]  |
| Posted: 08 Jun 2018 01:18 PM PDT Over two years ago a stray cat wandered into my yard. He had no tags and no microchip, and had multiple infected bite wounds. He was also unneutered. I had his wounds treated and made a good faith effort to find the owner. This included posting flyers, giving a description and contact info to the local vet offices and shelters, and posting to the community Facebook page and places like Craigs list and the forum for the local paper. No one came forward. After his initial wounds healed we discovered his hind leg had been broken and had healed wrong. He needed a major operation to fix it and was neutered at the same time. Though I had originally planned to find him a new home...well, after months of physical therapy and bonding he wasn't going anywhere. Fast forward to a few months ago. Someone contacted me on social media claiming to be the cat's original owner. The cat has a distinctive marking and he does have photos that appear to be the same cat as a kitten. He claimed that they allowed the cat outside and one night he didn't return. They assumed he was dead and per the man himself made no effort to find him. The cat was less then six months old when he disappeared and less then a year when I found him. The man claimed his daughter was devastated and wants the cat returned. I did not confirm the cat was the same animal (since I can't know for sure), but I did say if it was the same cat I've now have him for longer then the original potiential owner (6 months vs. Almost 3 years). Due to this and the fact that he had no tag or chip and the owner never searched for him, I don't feel I have to return him. I have not contacted the man since, but he continues to message me at least once a week and is now threatening to take me to court. (I have not replied.) Is this something I need to worry about? Should I look into getting a lawyer? If he did try to sue for cat custody would he have a case? Considering the time line, it's likely the cat's leg was broken while in the care of the owner and my vet is willing to testify to that. Would that increase the likelihood I would win if he tried to sue? I'm really not willing to give up this cat. I've paid over 5,000 getting him healthy, but more important then the money is the simple fact that I love the furry little jerk. I don't want him going back to a home that neglected him and let him roam without even the most basic care. I don't believe the man knows where I live...my social media was pretty locked down as far as personal info in the first place. I don't actually know how he found me though, and that makes me nervous. If he continues contacting me is there anything I can do legally to to discourage that? [link] [comments]  |
| Posted: 08 Jun 2018 06:45 AM PDT So someone i work with has been kept on a temporary contract that keeps being renewed for about 5 months. They sent him a permanent contract by post signed by HR and asking him to sign it. So he signed it and brought it in only to be told he was sent it by 'mistake' and he is still now apparently on the temporary contract If it was signed by HR, doesnt the contract stand? [link] [comments]  |
| Former boss pocketed certification money, endangered lives, and probably evaded taxes. Posted: 08 Jun 2018 07:41 AM PDT This is a long story only at it's beginning stages, so I'll try to be brief as I may need more guidance later. Essentially, my seasonal job requires a "CPR/aed for the professional rescuer" certification for all employees according to state regulations. My boss was authorized to teach the classes himself, although they were often disturbingly short and definitely did not correctly teach new guys anything; often I would resort to training first aid and job skills while working the public safety job. This system worked well enough for a few years without any major injuries. But this past winter, my boss was arrested and he currently sits in prison until August. The company has changed hands and is back up and running under better ownership. My new boss recently contacted our certification company to acquire copies of our certs, and found out they were never submitted by my old boss. So by all accounts, my old boss likely stole $75 from each of us. Additionally, and here's where I should've known better...he paid us in personal checks from the company all last year. He would say he paid taxes out of his account, but I never saw a pay stub or a 1098 in January. I know I should've called authorities then, but wonder if it's worth it now. Obviously did not mean to evade taxes and will pay whatever is due, but I am not sure what my next steps should be. Literally ANY advice would be greatly appreciated, thanks everybody. [link] [comments]  |
| Birth Control Device failed, is killing my baby Posted: 07 Jun 2018 06:03 PM PDT TLDR: Birth control failed, doctors failed to locate birth control device, baby might die, and I suspect birth control is the cause of the problems with the baby. I had a form of birth control called the Mirena IUD inserted in March 2017. It's supposed to be "over 99% effective at preventing pregnancy", for up to 5 years. Much to my shock, in February 2018, I discovered I am pregnant with fraternal twins. I had extensive ultrasound imaging done early on, and they could not find the IUD, so they told me it probably fell out without me noticing. (Um. I don't think so.) Fast forward to now, at 25 weeks pregnant. One of the twins is normal and developing appropriately, but the other is significantly smaller (20% smaller), has low amniotic fluid--and does not seem to be improving. They are telling me there is a strong possibility that this baby might die inside me or may not survive delivery. (Note: There is no chromosomal disorders, no genetic disorders, no markers of any obvious disorder, blood flow is good, organs and vital systems are healthy and intact, he just stopped growing. I guess no amniotic fluid = no growth.) They also found the IUD. It is embedded in my uterine wall, right next to where the baby that's having trouble is. They dismiss my suggestion that the IUD is causing these problems, but I am not entirely convinced. I think because these doctors are the ones who put it in, then missed it on the early ultrasounds, they are hesitant to admit that it could be the source of these problems. I guess I'm wondering what my options might be, from a legal standpoint. I'm not sure if this is even something I would have a case for, but I would like to know if there is anyone out there who might have any ideas. I didn't ask for any of this. The entire point of this birth control was to PREVENT pregnancy, which it failed to do (twins!), and now it may also kill one of my babies. I'm sad, angry, and disappointed. If anyone can offer any advice, it would be appreciated. Thank you for listening. Edit: I am located in Wisconsin. Edit 2: I am most definitely seeking a second opinion and going to another doctor to determine what may be going on and what (if any) treatment options there may be. Sorry, I should have included that in my original post. I also wanted to add that on the Mirena website, they say, "There are also risks if you become pregnant while using Mirena and the pregnancy is in the uterus. Severe infection, miscarriage, premature delivery and even death can occur with pregnancies that continue with an intrauterine device (IUD). Because of this, your healthcare provider may try to remove Mirena, even though removing it may cause a miscarriage. If Mirena cannot be removed, talk with your healthcare provider about the benefits and risks of continuing the pregnancy." To me, this sounds like the provider should have removed it early on. [link] [comments]  |
| Post-divorce (10yrs+) Repo Issues [NYS] Posted: 08 Jun 2018 09:55 AM PDT Hello all, First, some basic info before we get to the meat of the issues:
Situation: My mom divorced 10+ years ago and went through a financial nightmare. The individual she was married to had effectively financially raped her (Judge's words). Bankruptcy was filed. Car, camper and boat were all repossessed. He had applied for loans with her cosigned on that she wasn't aware of. This took a few years to resolve - he still owes her over $25K. She moved away to get away from the individual and situation - she sold the house (somehow saved from the financial crisis). Fast forward to now, 10+ years after the fact. She received a letter addressed to this individual at her new address (the second after the move) about a month ago. Only a return address, no organization name, blank piece of paper only inside. No details. She threw it away. Earlier this week, she received another. After a quick google search, she found it was a repo outfit in the capital region, close to where she is now living. She called. The summary is as follows:
I think we've convinced the repossession group to leave her be, we gave them his last known whereabouts (as of about a month ago). My question here, is how can the bank A) have her address as the only known address for this individual, and B) how can the bank direct the repo group to "repo whatever they can find"? Is this common, or even legal? Doesn't the bank require some proof of residence for a loan? More to the point - Is there action that we can/should be taking against the (yet unknown) bank and/or repo group? [link] [comments]  |
| Employment Handbook Section Confusion [GA] Posted: 08 Jun 2018 06:08 AM PDT Throw away account for obvious reasons. I was recently hired on for a job through [New Employer]. While I was reading through the little packet that serves as their handbook, I came across a paragraph that was concerning and a bit confusing. I have typed the paragraph with the necessary redaction below:
When they went over it, it was explained as thus:
So, if for some reason I quit on a Friday (assuming pay period ends Friday night at 11:59pm), any of my hours between the previous Saturday, at 12:00am, and that Friday are retroactively minimum wage? The wage for the position is quite a bit over minimum and they pay weekly. I can understand an employer wanting at least a week notice. However, dropping the pay for hours already worked sounds shady and them saying that the DOL and DFAC will be immediately notified kind of sounds like a scare tactic so that you don't contact them about it. What are your thoughts on this? I'm already planning on holding onto the document. Is it even legal to put something like this in their employee handbook? [link] [comments]  |
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