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    Wednesday, November 7, 2018

    Home Unlabelled Legal Advice Update:https://old.reddit.com/r/legaladvice/comments/9pvzr8/im_going_to_sound_like_a_busybody_but_am/

    Legal Advice Update:https://old.reddit.com/r/legaladvice/comments/9pvzr8/im_going_to_sound_like_a_busybody_but_am/

    November 07, 2018

    Legal Advice Update:https://old.reddit.com/r/legaladvice/comments/9pvzr8/im_going_to_sound_like_a_busybody_but_am/

    Update:https://old.reddit.com/r/legaladvice/comments/9pvzr8/im_going_to_sound_like_a_busybody_but_am/

    Posted: 07 Nov 2018 09:06 AM PST

    https://old.reddit.com/r/legaladvice/comments/9pvzr8/im_going_to_sound_like_a_busybody_but_am/

    So, first, I didn't appreciate all of the nasty messages I got from people insulting me and berating me and saying that I was trying to ruin this family by calling CPS. Yes, I'm well aware of the fact that some CPS workers have made poor decisions, but you're in idiot to not utilize it when it's appropriate. Along with those messages, I got quite a few from people saying they grew up in similar situations and had been indeed been molested and to please call and to put this in the hands of the authorities.

    I never personally thought that the girl was getting molested; I just wondered at what point this creepy emotional incest is deemed inappropriate. So I went ahead and called and when I said the woman's name, the worker said, "Oh, she works at *****?" So, she was already on the radar. I told her what facts that I knew about that I thought were concerning.

    Yesterday the coworker went on a rant about how she's being persecuted, that CPS is on her case again- again, after previous complaints about the child pooping repeatedly in the neighbor's yard when she was a toddler and something else about food stamp fraud getting her checked out by CPS a couple of years ago.

    There was a long convoluted conversation. I have to listen to this self-absorbed narcissist talk about herself endlessly and never say anything, just try to disengage as diplomatically as possible and get back to work. But CPS wanted to see the girl's bedroom and they said she slept in the attic, which is a pull-down trap door. Which is never actually used and CPS was well aware of that. When the breast feeding topic came up, I was like Oh, she still breast feeds, huh? And get this, she said that at her age, she can no longer "latch on" and actually get milk out of the breast anyway. It's for bonding purposes.

    The bed thing......I thought it was super obvious before that they were having sex with her in the bed, which I personally find disgusting, but in the last post people seemed okey-dokey with it. So, I asked her, Isn't it hard to get any privacy for sex? You see, I'm not holistic and could not understand that it's a worldwide practice for parents to have sex in front of their children and it takes away their fear of death. Fucking gross. THREE HOURS LATER and she's still talking about all of this, well, more about how she's a martyr, and her mom brings the kid in after school. I turn to the kid and for the first time, got brave and said to the her, "So what do you do at night when they're having sex?" And she said, "I pretend I'm sleeping!" Both the grandma and mom were speechless, like maybe it dawned on them a little bit about how very bad that sounds.

    I'm not exactly sure how everything went down, but I do know that she's not being taken out of school, she was assessed and the professionals didn't think she was being molested (again, I didn't really think so but still thought this was inappropriate and not just a different form of parenting). They have to clean out one of the bedrooms that's a hoarding pit and provide her with her own bedroom. The girl's father was somehow in the loop and will be more active with her, since he's technically got half-time custody anyway.

    She said she's trying to have a second baby now anyway. And my favorite part, her sycophantic friends, even more poor than her, are doing fund raising on her behalf; for what or why, I do not know.

    For the people saying that they're going to figure out who I am here on Reddit, first of all, these people brag about not using social media, and second of all, they can kiss my ass; I'm leaving soon for nursing school WHERE I'M GOING TO VACCINATE ALL OF THE LITTLE CHILDREN!

    submitted by /u/I_am_the_real_orange
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    Suicidal best friend checked herself into a facility while she recovers. She requested I take care of her children (1m 3f). Her family took them instead against her wishes. (UT)

    Posted: 07 Nov 2018 05:00 AM PST

    My best friend is a single mom. The other day she had a mental breakdown and became suicidal. She has made an attempt on her life in the past years and years ago and knew if she didn't get help immediately, she would kill herself, and so she went directly to the emergency room. She has been moved to a behavioral health unit while she recovers mentally and is ready to go home.

    She has requested that I take care of her children while she is gone. We are very close and her children love me. She trusts me completely with them. We have plans to move in together in soon. I am not a parent, but I have the means to take care of them and they would be happy.

    I received an unnanounced visit from some of her family members (grandmother and cousin). They wanted to watch the children for a little bit. I was fine with this as I wanted to visit my friend to see how she was doing and stock up on food and supplies for the children. My friend was very upset that I let her cousin watch her children and requested I pick them up as soon as possible. She has always had difficulty with trusting her family and didn't want her cousin parenting her children.

    Her family doesn't want to return the children to me. They claim they are worried about child protective services stepping in. They believe/claim if the children are found in custody of a friend rather than family member that the children would be taken as custody of the state.

    What can I do in this case? Her children are in no way neglected and would be completely safe and cared for by me. I have taken time off work and will be with them 24/7. She even wants the children to be with me and not them. Does her will not matter to CPS? Would they actually take the children if found in care from a non family member? Or would I be completely fine caring for her children?

    Edit: I have received a lot of great advice. Thank you! I will be going to get the children asap. Many of you suggested getting the delegation of parental authority completed. I can attempt to do so but she is only allowed an hour of visitation per day. She also has no idea what is currently happening with her children and with her mental state I am worried of giving her extra stress knowing that I am having difficulty getting them back. Should I continue to have difficulty, I will have to get her to help with getting the documents signed. I would like to keep this as peaceful with her family as possible, which it has been so far. I understand their concern about CPS and I'm hoping that the advice I receive will help convince them that they have no need to be worried and CPS won'tbe an issue. Should I show them my home and that I am 100% capable of caring for the children to alleviate their concerns?

    Edit 2: I have the children back. I talked with their mother on the phone and she assured me CPS was a non-issue. She even insured that her family were not listed as caregivers, and another close friend of hers is. Her friend is with me in this and believes I am fully fit to have them. Still facing a lot of opposition towards me having them and I'm working through getting the proper paperwork signed.

    submitted by /u/jrjr92thrwy
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    [CA] Found out that work was monitoring my home computer when they fired me for watching porn on my own time at home - is this legal?

    Posted: 06 Nov 2018 10:44 PM PST

    I use my laptop for both personal use and work. It is my laptop, I purchased it, and I owned it before starting this job.

    In order to use it for work, they installed a bunch of work-related software on it. Apparently some of that software was monitoring my activity, because today I was fired for watching porn on the laptop. I have never watched porn on company time or in a company building, only on my own time at home.

    First, is it legal for them to be monitoring my personal computer like this?

    Second, is it legal for them to fire me for my actions off work in my own home? Thank you.

    submitted by /u/firedforpornathome
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    Close Friend Sexually Assaulted me, I went and pressed charges. He moved states same day.

    Posted: 06 Nov 2018 06:09 PM PST

    In Indiana, My close gay male friend sexually assaulted me after a night out at the bars. I pressed charges and provided the police with evidence and admission of guilt from the friend. The parents also tried to bride me with money, evidence was also provided to the police. The problem is that they moved to Maryland the same day the charges were filed. I am wondering what the possible process of them leaving the state and how that will implicate the charges I pressed. His legal address is Indiana since he had an (apartment) in Indiana for school, which is where the assault occurred. His parents moved him to Maryland but the charges were pressed to his Indiana address.

    I have a meeting with the SVU department tomorrow and they will be reviewing my case.

    ​

    By the way, I have never posted before (I have been a frequent reader for over a year) but this is what I thought of first. Thanks.

    Edit: added locations. Edit 2: case meeting

    submitted by /u/megwheels
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    My boss fired me after I discovered he wasn’t withholding my taxes. Now, he’s refusing to give me my last paychecks... unless I sign a contract that states that I was working as contract labor.

    Posted: 07 Nov 2018 03:09 AM PST

    I found out that my boss (A certified public accountant) wasn't withholding my taxes. When I brought it to his attention (via text), he claimed that I was working as contract labor. I told him that I never agreed to that; I had signed a W4. I assumed he was withholding my taxes, so I didn't withhold. **My pay was 12/hr. He would fluctuate in the amount he paid me. He averaged at about 10/hr. He usually paid me in cash.

    Right after this, he told me to take the next few days off. He also told me that my check from last week was at the office for me to pick up (It was Thursday. He usually pays me on Monday, so he was late). When I went by the office to retrieve my check, the locks were changed. The door was locked. I couldn't get in... so I went around the building and one of his other employees was inside. He told me that the office was "on lockdown." I asked him why, he told me that he wasn't allowed to talk to me. I asked the employee if he could retrieve my check, which was supposed to be on my desk. He told me that it wasn't there.

    As I walked back to my car, I noticed that my boss was outside in his truck. He was talking to another employee who was just about to enter the building. When my boss saw me, he sped off to avoid me. (Via text) I asked him if I was fired. He told me that my services weren't required at this this time and that he'd make sure to call me for future assignments.

    I told him that I had belongings in the office and that he owed me two pay checks. He told me that his lawyer would arrange a date to give them to me. He told me that his company offers a "scholarship" that I'm qualified for. He told me that he'd give it to me and my two checks, if I signed a paper that stated that I was a contractor. I told him that I was confused and that I didn't feel comfortable with the offer. He told me to stop "harassing" him. He told me that if I needed anything, to contact his lawyer. Then be blocked my number. He also made his other employees block their numbers.

    A couple of weeks later, I received a letter in my mailbox from "his lawyer." The letter wasn't even printed on two sheets of the same paper... It was the contract he wanted me to sign. In it, he claimed that I was a contractor that had stolen from him and that I had harassed him. At the bottom was a place for my signature. I never received my last two checks. He wont give them to me until I sign the contract.

    I was working as a full time student. I don't have money to fight this... what should I do?

    Edit: lol I almost forgot to mention that he threatened me. He told me that he'd ruin my life "before it ever started" if I decided to go through with anything.

    (Oklahoma)

    submitted by /u/Jazzmusiek
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    Coworker gave me an edible and it took me to the emergency room UPDATE.

    Posted: 07 Nov 2018 11:46 AM PST

    I've been getting a lot or PMs requesting an update about my edible situation and i'm here to post that now. Thanks for everybody's responses on my last thread. I have never had this happen to me and i'm thankful for everyone's insight on the situation. I had a meeting with HR and my manager yesterday regarding the edible and they wanted to know everything that had happened. I explained everything and what had happened to and from the hospital. My coworker lied and told HR that I knew the brownie had marijuana and I took it to get through the work day. They asked me if this was true and I told them he was lying. My coworker also told HR I've been asking to try marijuana and that's true, I did ask to try marijuana but never on the job or without my consent. HR told me they needed to hear both sides of the story in order to pursue further action.

    The text message I received in the hospital saved my ass. I showed the text message stating the edible had marijuana and that he "thought it would be funny to see me high at work". They requested a copy of the screenshot and after a few more questions, asked me to go home. I have filed for workers comp and i'm waiting to hear back from my job regarding this mess and what's going to happen now. I'm from California and I've never done this process before. I'm kind of scared I might get fired or somethings will happen with my employment. I guess i'll just have to find out over time. I did notify my boss that the test might not show as positive since i'm not a constant user as advised by redditors in my last thread. He told me this might be a problem for HR since they will make the final decision on what's going to happen but he will vouch for me and try to make sure nothing happens with my employment.

    My coworker is now threatening to sue me if he gets terminated for "lying" about the edible. Can he even do that!? I feel like this whole situation is just getting way out of control. I dont even know what to do.

    submitted by /u/djsoundcloud
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    My parents used my SSN without my knowledge for my entire life

    Posted: 07 Nov 2018 12:52 AM PST

    [Texas] So I got an alert from chase saying my credit score was available for viewing. It seemed odd since I'm 19 and have no credit cards or loans to my name. I open the link to see I have a score of 797 and there was a house and car loan taken out under my name. The house was paid off this year and the car has 9k out of 30k left on it. Long story short, I confronted my parents who are both undocumented and they admitted it was them. Being undocumented, it was the only way they could get a house/car. They have paid every payment on time and made sure not to hurt my score. They pay taxes through the use of a taxpayer ID. They apologized and I do empathize with them. However, my dad and I have the same first and last name. Whenever I go to the employer section of my credit report it shows his employer instead of mine. What do I do? Next year will be the first year I file for taxes. Luckily, they didn't ruin my score and everything has been mostly paid off. How will this affect whenever I apply for a credit card, house, etc in future years? Also, will this affect me when tax season comes? I don't want to pursue legal action as they're my parents.

    Edit: also, my credit score shows my dad's dob...

    submitted by /u/trwilliam
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    Water company called is asking for 12 years of misread water usage bc their meters were incorrectly being read wrong.

    Posted: 07 Nov 2018 07:55 AM PST

    Pennsylvania for those curious. Received a call today about how I was going to get an incredibly large water bill this month ($2000). They claimed to recently learn the meters they installed 12 years ago were incorrectly telling the amount of water being used.

    Now, they say I owe for the amount I wasnt billed for the last 12 years. Is this legal? I always paid on time for what I was billed. It doesnt seem right. Isnt there a statue of limitations on how far back they can bill for their screw up?

    submitted by /u/JSancton7
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    Due to a misdiagnosis, I’m am having my toe amputated. What recourse do I have, if any?

    Posted: 07 Nov 2018 07:01 AM PST

    Living in Minnesota USA I was a marathon runner. I started having extreme pain on the left side of my left foot to the point where I couldn't turn left while running. I would have to stop, pivot 180 degrees and start running again.

    I saw a pediatrist at the Mayo Clinic. I told him I've tried a million different type of running shoes but that I work in a factory and I have to wear steel toe work boots. I wear those boots 10-12 hours a day. 60-65 hours a week.

    He noticed my pinky toe had developed into a hammer toe where it is pushed up and curled back some. He said this was causing a severe Tailors Bunion and used a surgical blade to cut it down. It was like a miracle for two weeks. No issues. But then after about 30 days it grew back. He cut it down one more time but same thing happened. He then prescribed me an insert which did nothing to help.

    At my fourth visit he did an X-ray and explained that I did not have big feet but I had wide feet and if I wanted to continue to run he would have to cut my foot in half from left to the middle, slide the top half of my foot to the right a little, then pin it all back together with titanium screws. I love running so I agreed.

    After 8 weeks in a boot I started running some. After 6 months the Tailor's Bunion returned as if I never had surgery. I was distraught to put mildly. The doctor then had me put a metal sticker on my Tailor's Bunion and did another X-ray. This time he said my hammer toe was pushing back on another bone in my foot which was causing the problem. I then asked the obvious question... so sawing my foot in half and pinning it back together was totally unnecessary? He stammered and made a poor attempt at justifying the surgery.

    His solution now was to shave half the bone off my pinky toe and the left top side of my foot. This was supposed to fix the problem for sure. So I had the 2nd surgery. 8 week recovery. Started running again. And the Tailors Bunion returned. At this point I was so frustrated I didn't go back. I started running a lot less.

    Fast forward almost a year and it was time for me to get new work boots which I alway dread because I have to break them in. They were out of size 10 Men's but had a 10W. (wide) I said screw it I'll give it a shot. It was a true miracle for me. It felt so much better. Had no problem breaking them in. I started running more again and no issues at all.

    It has now been 4 years since I first saw the doctor. Since I switched to a wide work boot the Tailors Bunion has not returned. But now my mutilated picky toe has migrated so far up and to the right that it's causing discomfort. I've since moved to Arizona and speaking with another Pediatrist, he explained that I would need to have my toe amputated as it will only continue to migrate and cause more pain.

    Do I have any recourse with my original Pediatrist considering both surgeries were unnecessary and the problem was that I just needed a wide work boot?

    TL:DR My foot doctor sawed my foot in half and removed half the bone in my picky toe as a solution to a problem. It didn't fix the problem but switching to a wide work boot did. What recourse do I have if any?

    submitted by /u/SmugglerHanSolo
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    My nephew, 6 years old, is being “unschooled” AKA brainwashed, isolated, denied his education, and withheld from his family. What are the laws for the state of Michigan in regards to education? At what age does the law apply? How is the law enforced? How can I (his Aunt) help from afar?

    Posted: 07 Nov 2018 07:47 AM PST

    My nephew will not be sent to school nor will he be homeschooled. Last I heard, he was learning to read, however, my mentally ill sister is not capable of maintaining her own routine, let alone providing one for a dependent child. He will never go to school as long as my sister is his legal guardian. Is this lawful in the state of Michigan?

    Back story: My sister doesn't let my family see my nephew, he is 6 years old. Nor does my sister speak with us or her husbands family. My parents are not allowed to have any contact with their grandson. The last time we saw him, he was 4 years old.

    She has been unofficially diagnosed with Borderline Personality Disorder with paranoia and delusions. She and her husband are extremely codependent (married at 20) and fuel each other's worsening mental [un]health. My sister is very unwell, albeit she loves her son more than anything in the world...

    Her son, my nephew, is now 6 years old and I'm not even sure that he knows the colors. I presume that he still breastfeeds & co-sleeps with his parents. (Is there a law that requires a child to have their own bed? Could this be evidence of neglect?) At age 3, my nephew seemed aware of his mother's inability to fulfill his relationship needs when he stated, "Mom not able." This statement was made in response to me ensuring him that he can always go to grandmas if grandma isn't allowed at his house (by my sister).

    I have heard of grandparents rights. My parents were advised that this is not a strong case, as the parents have the right to decide who he sees. My sister does NOT believe in formal schooling (despite the fact that she holds a Masters from UM).

    He will not be enrolled for homeschooling either. He will never go to school as long as my sister is his legal guardian. Is this lawful in the state of Michigan?

    submitted by /u/MeowMegaly
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    A special needs child (under the age of 10) was forced (by his school caretaker) to use the restroom in a bucket instead of being taken to the bathroom. Is this behavior against the law?

    Posted: 07 Nov 2018 07:38 AM PST

    Obviously, the caretaker's behavior isn't socially acceptable, and it makes my stomach turn, but I can't find any legal precedence. Most of my research points to 'can a teacher keep a high school student from using the bathroom' or transgender bathroom rights.

    Location: Texas, US

    submitted by /u/damnitshard
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    (KY) - sent a letter to cancel my gym membership, they kept charging for 8 months

    Posted: 07 Nov 2018 10:05 AM PST

    Back in December I decided I wanted to cancel my membership with GYM.

    I'd had the family plan - 66.49/mo, that was on my card, under my name. I had my partner added to the account so she could use the gym while I wasn't around to escort her in. However, the account was under my name entirely, she was an "added approved guest" sort of thing. She had no part in Billing.

    So I want to cancel everything. Not worth the money anymore.

    I visited in person three times, and called twice, always being redirected to different people to talk to. "Sorry that person isn't in right now," before finally being told I had to mail in the cancellation, and after they got the letter, it would take 3 months before the membership expired.

    Having horrid anxiety and wanting this over with already, I figured that was good enough and sent in my notice for cancellation. Complete cancellation, I remember I was very specific about that. Everything to end!

    In January I got a call saying I had 3 months left. Ok cool, that's what I planned on.

    March rolls around, and I stop getting account updates. Stop getting emails. I got 1 "membership cancelled" titled email that I browsed, but apparently didn't read clearly enough, because it mentioned at the bottom of the email that the membership hadn't actually been cancelled - it'd been changed to a normal account (44$/mo) under my partner's name. Oh, but it was still being billed to me at my address.

    That's how I found out - I found GYM charges on my bank statement this month, and traced it back all the way to March. That's about 350$ of unwanted charges I thought I'd cancelled.

    So I contacted GYM on Facebook, explaining all of this, and that I was pissed. They didn't respond on Facebook.

    I did get an email that evening saying my membership had been cancelled in its entirety.

    What I want to know is: I want a refund. I clearly cancelled through official channels and they changed my account to my partner's name and kept billing a lower amount.

    Partner has different last name than me, we're not married.

    How do I do this?

    submitted by /u/daitoshi
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    [Illinois] I bought my girlfriend a laptop. She pawned it for drugs. I got it out of hock and all her social media accounts were still signed in. I have evidence of her involvement in past crimes.

    Posted: 07 Nov 2018 03:57 AM PST

    Delete

    submitted by /u/Tzadikim
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    My [25m] MIL [42F] has an extreme form of arthritis throughout her entire body and needs a certain injection to live/function, her insurance just cancelled coverage on the injection and paying out of pocket is $2600 a month.

    Posted: 07 Nov 2018 07:15 AM PST

    We live in CA, Central California medical has denied her, medi-cal has denied her, even Obama care has been unable to find a insurance that's affordable based on her income. She's running out of options, and relying on donations for the injections currently.

    Her current insurance said they are only willing to pay for the off brand equivalent of the medication, but a off brand version literally doesn't exist.

    My wife has instructed her mother to reach out to the pharmaceutical company directly to negotiate something possibly, does anyone else have any options we can look into?

    submitted by /u/bigbadkenny
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    My daughter (14) was assaulted by a boy at school (13), why is she being charged with disorderly conduct?

    Posted: 07 Nov 2018 09:12 AM PST

    This is in Oklahoma. Last Thursday my daughter got suspended from school. There was a boy (13) who was screaming in her face and calling her friends "Lesbians and whores". My daughter (plus witnesses) say she calmly told him to stop several times, well the 3rd time threw him in to a blind rage and he started punching her in the face over and over. This all happened in the cafeteria at lunch. She had swelling on her eyes and a very bloody nose.

    The boy is a bad seed, hes 13, has a kid, and has been at school a total of 68 days since school started because he's either being suspended or put in juvi. This isnt the first time he has assaulted girls either.

    Due to some bullying issues last year, i put my daughter in a very good JuJitsu/MMA dojo. So after the boy got a few good punch's on her she fought back and punched him as well. The whole fight remained standing, the boy continued the assult during the entire fight. Then pushed a teacher to try to attack her again after it was broken up.

    ​

    They BOTH got suspended for 5 days, and BOTH got charged with disorderly conduct. but why? She didnt throw the first punch, she COULD have not fought and risked serious injury as this boy was NOT letting up. Is fighting back now considered a crime? All this is teaching kids is "If someone has you on the ground, beating your face in with his fists. Better not try to get them to stop or you will go to jail."

    ​

    On another note, if she DID happen to have a major injury, like broken orbital socket or detached retina causing her a permanent, life long injury due to her NOT fighting back. Could i then sue the school for having this stupid "no tolerance" policy on fighting?

    One more thing, the school itself teaches the kids "if you see someone being bullied, step up and say something to the bully" which she did, which resulted in a fist fight. If they are going to charge them with a crime for defending themselves, why teach kids to confront bullies?

    ​

    EDIT: removed some wording that made it sound like assault.

    submitted by /u/pr0t0npack00
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    Breaking a lease in Texas due to undisclosed bedbug issue.

    Posted: 07 Nov 2018 08:54 AM PST

    I moved into a new place in Austin 3 weeks ago. The lease is for 12 months. I signed a bedbug addendum as is the norm here in Austin, and didn't see any bedbugs for the first 48 hours per the lease. 2 weeks later, I wake up with bites all over me, and I move in with family. I tell the leasing office and they get it inspected right away and find bedbugs. Then they slap me with the full responsibility for the pest control fee saying I brought them in. The leasing office manager repeatedly tells me I brought them in, when my last property had no bedbugs whatsoever. They say if they find another unit to be the source, I will be refunded. I sign the paperwork for the pest control since I don't want to be impeding the pest removal process. As of now I'm still living with family, since the apartment is not habitable.

    This is where I go back after signing the papers and agreeing to pay. I reiterate in our emails that by signing this I do not take responsibility for bringing the bedbugs in, only that I want to cooperate. I go back to take pictures of the bedbugs and find bedbugs PAINTED OVER in the walls. This is important because when we moved in, it looked and smelled like they painted over the whole apartment. At this point, I want to break my lease and get refunded the rent I paid so far, or at least for the days that I have not been able to live in the unit. The landlord did not disclose that this unit had these bedbugs previously. It would be impossible to get new tenants with the current bedbug issue. I understand that they're trying to fix it, but they're making me take responsibility for it despite the fact that since there were painted over bedbugs, they were clearly there before me. I've taken many pictures of the bedbugs (there aren't too many, I think I caught them early and there is most likely a real infestation elsewhere in my building). I also have the emails from the office stating there were no bedbugs in the unit before I moved in.

    Should I get a lawyer? Currently the ladies at the leasing office are like talking to brick walls. What are my options here?

    submitted by /u/Austinthrowaway786
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    16 y/o friend is pregnant by her 33 y/o boyfriend

    Posted: 07 Nov 2018 07:48 AM PST

    So I have a friend who is 16, she's been dating this guy for at least 8 months. She turned 16 in July so they started dating when she was 15. He just turned 33. Also, she is now pregnant and is keeping the baby.

    Is this illegal? Should I report to the police?

    EDIT: this is in Ontario, Canada.

    submitted by /u/xXKungFuSwagMasterXx
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    Fraudulently Charged, Then Sued For Defamation Over Online Review For "Fun and Profit" - Potential SLAPP Suit?

    Posted: 07 Nov 2018 09:15 AM PST

    Hi r/legaladvice!

    I'm being sued for defamation in Virginia over a negative online review after a billing error (which my bank claims is fraudulent) and a rude exchange with an organization. I feel that I have an amazing defense. The situation is a bit complicated though, so this is a little lengthy. I've done my best to pair it down to the most pertinent details. I've also taken some steps to protect my identity and have changed a few quotes so they aren't verbatim, but close enough to detail the specific verbiage as it's an important component of the lawsuit.

    ​

    So, here's my situation:

    ​

    Initial Context:

    • In late April of 2017, I signed up for a six month free trial membership to an organization that provides home services related to real estate (specifics of the industry omitted here for privacy). I read the Terms of Service in full, which clearly stated you could cancel anytime by simply sending an email 30 days before the end of the trial period to indicate you were no longer interested in their services.
    • About four months later, I sent an email to the address listed in their Terms of Service indicating that I was no longer interested in their services. I did not receive a response, but didn't think anything of it at the time.
    • Additionally, month in and month out, I received an automated email from the organization stating "Our records indicate that you have not yet signed your -omitted- membership affidavit. You must sign your affidavit to become a member of -omitted- and receive all your membership benefits..."
    • Paired with the fact that I had sent the cancellation request, this seemed to clearly indicate that I was not a member of the organization. However, I later received two charges to my credit card for monthly membership towards the end of 2017.

    ​

    The Problematic Exchange:

    • After seeing the charges, I emailed the organization again and reminded them that I had sent a cancellation request and not signed the affidavit. I asked them to refund me for the two monthly membership fees they had charged me, and remove me from all of their email lists and billing system.
    • To my surprise, the head of the 20,000 member organization emailed me back, simply saying "Click the cancel button on the website".
    • I responded saying he had not addressed anything I had outlined in my prior email. His response was pretty shocking
      • "Yes, you signed up. Or do you think that I climbed into your room through the window at night, found your wallet, and used your credit card to sign you up? You get credited back when you cancel. I can't click your cancel button from here, unless of course I sneak back in through your bedroom window."
    • I responded saying that the response was rude and unprofessional, and ended up contacting my bank to reverse the charges (more on this later).
    • However, my exchange continued with the head of the organization. I never once indicated the charges were fraudulent in our exchange (more on this later), never claimed they did anything illegal, or used profane language.
    • The head of the organization continued to be flippant, dismissive, unprofessional, deflecting, you name it. Saying things like "Why would we collect your credit card number? To play bingo?", equating my problem to "signing up for a buffet and not eating then complaining about it", telling his employee to cancel my membership, then later even claiming he never charged me in the first place. It was exhausting and bizarre.
    • I contacted my bank and they refunded all of my money after I put in a charge-back request.

    ​

    The Online Review:

    • The exchange left a sour taste in my mouth so I posted our correspondence on several review websites like Google, Yelp, Facebook. I posted on one in particular that does not let you edit or remove reviews under any circumstances - which is important to my case.
    • I added some color commentary to our exchange, but again - never declared the organization did anything illegal or fraudulent, and that it was simply a billing error paired with rude and unprofessional customer service from the head of the organization.
    • I added an addendum to the review shortly after creating it to add some additional clarity regarding my cancellation, and that I had done so within their Terms of Service.

    ​

    Threatened With Legal Action:

    • Several months passed. One day I randomly checked my email and found the following message:1. Remove all negative posts about -omitted-2. Let me know they are all deleted.If not, we sue you. You don't have to prove damages in a libel suit, we do this for fun and profit. I'll wait 1 hour, 59 minutes.
    • Even though I knew I wasn't in the wrong, I didn't want to get involved in a lawsuit, so I responded indicating that I removed all of the negative reviews. I deleted them wherever I could, except the one website that does not allow you to do so. I also included a joke mentioning his email did not follow the guidelines in a template on his website and included a link to it (it's an template for his organization members detailing how to threaten people with a lawsuit any time they get a negative online review).
    • He responded, trying to goad me into providing specific responses by asking "Did we refund all your money?" - He didn't, my bank did, so I didn't take the bait.
    • He offered me a "quick $500" to update the remaining negative review to indicate that I had been refunded by the organization. He was specifically interested in the removal of an addendum to the review where I indicate that I had clearly cancelled within their Terms of Service. (Obviously, he wanted this removed as it's important to my defense.)
    • I told him I was not interested in the handout, but updated the review with a vague update saying that the matter had been resolved.
    • He continued to email me questions like *"But are you whole? Did you get your money back? And did -omitted- do it promptly? ...*Again, I did not take the bait, as I knew I had been refunded due to my charge-back request.

    ​

    The Lawsuit -

    • About a month later I found a summons on my door. Even though I had jumped through the plaintiff's hoops, he was suing me for $50,000 + additional damages for defamation.
    • The lawsuit specifically regarded the post I made on the reviews website that I could not remove. In short, it claimed that while most of my review could be considered opinion or hyperbole, that a brief snippet where I said "I did not authorize these charges" portrays the client in a negative light and is a provably false statement, and that I knew it was provably false at the time I made it.
    • The claim conveniently left out the fact that I had cancelled within their Terms of Service.

    ​

    My Defense -

    • In short, I don't think they have much of a case. I cancelled in accordance with their Terms of Service. I never accused them of anything illegal. The charges were in fact unauthorized, since I had cancelled. To add to this, I contacted my bank and they indicated that I had used the term "billing error" when contacting them for the chargeback, and went a step further and indicated that they themselves had found the charges to be FRAUDULENT.
    • The plaintiff said he was suing me for "fun and profit".
    • The plaintiff threatened me with legal action if I didn't remove my reviews. Even though I deleted everything I could, he still sued me. This seems like a SLAPP suit (Strategic Lawsuit Against Public Participation) from a large, moneyed organization to stamp out my opinion by making my life difficult. However, I am unsure how good SLAPP laws are in Virginia (the plaintiff resides in Coloardo but is suing me here).
    • All of this is backed up digitally. I have HTML files of our email exchanges, screencaps, backups of their Terms from the time I had cancelled, links to anything pertinent online, you name it. (I'm not sure if it has any weight on my case, but I also have screenshots from other reviewers saying he threatened to sue them and was rude in general.)
    • Thankfully, I am covered for up to $500,000 in legal defense by my homeowner's insurance. They provided me with legal aid after I explained my situation.

    ​

    Since Then -

    • We have had our initial appearance in court. During that time, I was not yet aware that my bank had declared the charges to be outright fraudulent. Because of this, my lawyer played up the choice of words I used in my review, indicating that I had said billing error, etc as opposed to fraud. The plaintiff's representation countered this by saying that type of language clearly indicates that I was claiming they did something illegal, which could therefore be construed as a libelous statement. The judge said the case could continue based on these initial statements.
    • Since then, we have made a Discovery Request and received some internal emails, etc back from the plaintiff. If anything, it adds more ammo to my case. One of the employees at the organization agrees with me in their internal communication that their verbiage is unclear in their monthly reminder emails about not being a member. They even make jokes about being drunk while sending me emails.
    • After the discovery was received, the plaintiff's representation indicated that they'd agree to settle for a very small sum of money, provided the review on the remaining reviews website would be pulled down. However, the website only removes reviews if they are in fact libelous and false. This isn't the case with my review, so it cannot be removed.
    • 10 months have passed. It seems like we are in a complete stalemate. I call my lawyer about every two months to ask for an update, but he doesn't seem very proactive about anything.
    • Even after suing me, the plaintiff never removed me from their email list. I still frequently receive eblasts from the organization - yet another example of their sloppy internal processes.

    ​

    Next Steps & Questions -

    • In general, I feel like I have a great hand to play here - I cancelled within their ToS, never indicated they did anything illegal, my bank says the DID do something illegal, the plaintiff said he sues for "fun and profit", tried to bribe me to remove a review, etc. However, my legal representation doesn't seem very proactive regarding my defense. I've essentially done all of the legwork for my defense on my own. How can I politely indicate that I'm unsatisfied and request we review additional angles for my defense?
    • Is there a deadline for a plaintiff to follow up on a lawsuit after discovery?
    • I don't see a path to settlement given the only way I could do so is to perjure myself regarding the online review. Additionally, I don't want to settle as this clearly seems like a frivolous lawsuit and I think I have a rock-solid defense.
    • However, my legal representation is paid for by my insurance provider. How much input does the insurance provider have regarding my defense in terms of agreeing to a settlement versus continuing to fight the lawsuit?
    • Based on my limited understanding of the law, the case clearly seems like a SLAPP lawsuit. However, my lawyer doesn't seem interested in pursuing this angle. What are my options here in Virginia?
    • My bank indicated that the charges were in fact fraudulent. Doesn't this make the plaintiff's entire case moot in the first place? Getting my bank involved has been difficult via phone. Should we fax them documents and try to get them to appear as a witness in court?
    • The organization also has created a page on their website indicating that they sued me for libel and that their billing system makes it "technically impossible" for them to ever erroneously charge someone. This is patently false. Could this be considered a libelous statement against me? Furthermore, could the removal of this page on their website be part of the resolution to the existing lawsuit, or would I need to counter-sue?
    • If I want to counter-sue, do I need to do that before my current case is wrapped up? If I choose to do so, will I be able to do so with my legal representation provided by my insurance, or will I need to do this independently?
    • If the case is dismissed in my favor, am I legally allowed to update my posts detailing my experience with the case
    • Since this is a sizable organization, should I consider contacting the media?

    ​

    I greatly appreciate any advice, suggestions, or opinions any of you could provide. Thank you so much for any help you can provide!

    submitted by /u/legal-throwaway333
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    My Mom Locked Me Out Of My Room

    Posted: 07 Nov 2018 03:23 AM PST

    Yay so basically I got into an argument with my mom and when I went to get ready for work the following day my room had a lock on the door. Literally all my processions and my uniform were in there (which she was fully aware of and she did intentionally to spite me; we have a messed up relationship). I only realised the door was locked 30 mins before I was supposed to leave so the only thing I could think of doing was breaking down the door. My mom is know saying she is going to press chargers against me and I literally had to sneak into the house because she's saying that she's going to call the police on me if she sees me. I've paid her money towards the lightbill so do I have a the right to get at least 30 days and could I get in legal trouble for breaking the door?

    EDIT: Apparently they weren't even allowed to put locks on the door because it's a rental

    EDIT: I am 18 and I live in Canada ON

    submitted by /u/justthrownnawayyy
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    Neighbor with pool is forbiding me to replace my fence along his property line

    Posted: 07 Nov 2018 10:40 AM PST

    I have an old fence badly need of replacement. My neighbor has a pool and is required to have it fenced but relied on my fence to do for a portion of the property line. I notified them of my intent a few weeks ago and they said fine since at some point in construction I would be trapped their yard and need to leave out their gate. Today my neighbor informed me he would not allow me to tear down the fence since he will be out of town and unable to supervise.

    I called the city and they informed me that he could not prevent me from tearing down my fence on my property. My question is, am I liable if a kid drowns in his pool while the fence is down? Obviously I would do anything within reason to keep the community safe, but ultimately is this my problem or his?

    Edit: the property is located in Virginia.

    submitted by /u/MolonMyLabe
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    Personal Business Leave: Can my boss legally ask why I want time off?

    Posted: 07 Nov 2018 06:36 AM PST

    I'm a teacher and I work for a school district in Texas. We are given 5 sick days from our school district and 5 personal leave days from the state every year. I have plenty of days to use because I am very rarely off. I have called in sick maybe twice in 5 years. I use my personal leave judiciously and usually only take half a day off. We are not allowed to use sick days for doctor's appointments so if I had a doctor's appointment I had to put it in as personal leave. Nowhere on the form that we have to submit to our principal for approval (and then that gets sent to the district office) does it have a line for reason because as far as I know we do not have to give a reason why we want personal leave. There is a note that says if you want more than three consecutive days off, that has to be approved at the district level so if you were taking a honeymoon or something like that you would have to get that approved. I get that. And I have always written on the form a reason why I'm taking the time off--son has a dental appt or whatever-- but as far as I can tell, I am under no obligation to tell my principal why I want time off.

    Last Wednesday my daughter informed me that she had to fly to Dallas for work training and so I needed to watch my grandson for 3 days. I checked our school's weekly report to see if there was anything I would be missing if I took three consecutive mornings off. [I can take him to daycare but I would not make it back across town on time for school to start.] There was nothing critical that I would be missing so I put in for a substitute and found one that was able to come for all three mornings. I teach special ed so I don't have a full classroom full of kids that need to be taught so having a substitute is not as big of a disruption as one might think.

    Thursday I put in for the sub and submitted the paperwork on Friday morning to the office for the principal. As of Monday when I left school, she had not returned it to me and I took yesterday morning off as I had scheduled since the sub was already lined up. When I came in yesterday afternoon for the rest of the day, the paperwork was in my mailbox with a sticky note questioning why I wanted those 3 mornings off. Even though I do not feel I am obligated to tell her, I wrote on the form that I have to watch my grandson and unless they want me to show up to work an hour late three days in a row, I took the mornings off. If she denies this, and the school district ends up docking my pay for three 1/2 days, which is a substantial amount of money for me, do I have a right to take this to HR and complain?

    submitted by /u/SkippyBluestockings
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    My stalker wants me to stay with my wife

    Posted: 07 Nov 2018 08:36 AM PST

    Since 2014 I have had a stalker that comes in and out my life sending me and my wife things that would make us argue and not trust each other. They are capable enough to use my wife's number to send me texts, pictures, and screenshots. But then when we break up they threaten my wife and last night I received pictures of my wife and kids sleeping at 5am since I'm not at home anymore. Freaked me out. I already deleted my fb page and my fb messenger bcuz they were text ppl from my account. What do I do?

    submitted by /u/Euriswuzright
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    Neighbor sexually harassing me

    Posted: 07 Nov 2018 10:50 AM PST

    I'm in Washington, DC. My neighbor (he rents his house, I own mine) lives about 70 feet away, and his porch has a direct view into my kitchen. Yesterday morning and this morning, he stood out on his porch, looked directly at me in the kitchen, pulled out his penis, and starting wagging it at me/masturbating (I'm unsure which). At the time I wasn't sure if I saw correctly, but then this morning he did it again.

    I spoke in person to his landlord/the homeowner, and told him exactly what I've posted here. I'm going to follow-up with a text message so it's in writing. I also setup a camera (in a different window) to try to catch the behavior. I'm also documenting. If I get anything on camera, I will send it in to the police. Here are my q's:

    1. What is the landlord's responsibility/liability here, if any?

    2. Do I have options in terms of restraining orders/stalking or anything like that?

    3. I read that DC is one-party consent re: audio recordings, but what about video? My camera is mounted indoors and pointed at his porch (and in any case is not setup to record audio).

    Thank you.

    submitted by /u/NeatPrune
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    Roommates keep drowning each other in our kitchen sink [FL]

    Posted: 06 Nov 2018 02:18 PM PST

    Live in Florida. Moved into a new year long lease four months ago. I share an apartment with three bedrooms and four roommates, one of which has two.

    The couple in the room (and everyone else) seemed nice, quiet, clean, etc. They introduced themselves to me and I didn't expect any problems, and I didn't really start having any until several weeks ago. Guys a tennis instructor, girl is a cleaner (I think iirc), they are not married. I know they could afford a better apartment.

    We have a kitchen sink, and it has a plug in thing that lets water hold without sinking. If you plug it in and let the water run it will fill up to the top and stay there.

    On 99% of weekends, only I and they are home, and they started basically using it to drown themselves. The guy (who is super short, especially compared to her) stands in front of the sink and dunks his head in and the girl holds him there as he starts to squirm around until the literally cannot hold it anymore. This goes on for minutes at a time and when he comes out the dude is red or purple it's crazy. They do it at night when only I'm (or I assume also when I'm not) there and it freaks me out, terrified he'll get hurt also.

    I have a learning disorder and I'm 18 and I think my roommates think I'm a idiot because they do the overly slow talking to me but I'm aware it's a sex thing, it's really obvious. They say it's a "physical training" thing but again super obvious BS. The girl moans as its happening. It's ridiculous. Do they wanna die? It's crazy.

    Without telling them I know that it's a sex thing I asked them to keep it in their room but they said they can't use the bathtub and the sink in their room is too high up for the guy to use (if it's like mine, which it probably is, this is true, although I still want it to stop). Honestly I don't want it in the house at all because I think there's a big chance of them killing each other.

    My landlord won't do anything. Called him he doesn't care at all. I'm stuck in the lease and don't/can't move for something like this anyway. Is there anything else I can do? Maybe the police could do something because of the risk involved?

    Hope you can help, thanks

    submitted by /u/PurpleExcitement
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