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    Tuesday, February 4, 2020

    Legal Advice Hi, I’m Kimberly Robinson, a Supreme Court reporter. AMA!

    Legal Advice Hi, I’m Kimberly Robinson, a Supreme Court reporter. AMA!


    Hi, I’m Kimberly Robinson, a Supreme Court reporter. AMA!

    Posted: 04 Feb 2020 09:01 AM PST

    I report for Bloomberg Law on cases at the Supreme Court, following the cases through orders and oral arguments, all the way to decision days. I also keep track of the justices and what they're up to around Washington, D.C. I've been a reporter with Bloomberg Law for the past seven years, where I've covered hot-button issues like abortion, affirmative action, and LGBT rights. Before that, I worked as an associate at Morrison & Foerster LLP.

    I did an AMA before First Monday, and I'm back to do a mid-term look back and look forward to what's to come in the term. What do you want to know?

    Proof of life: https://aboutblaw.com/OCS

    Logging off now guys! Thanks so much for all of your questions. As always, you can find me and my work on Twitter @Kimberly_Robinsn (https://twitter.com/KimberlyRobinsn).

    submitted by /u/bloomberglaw
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    My city is trying to give me points on my license for skateboarding! Representing myself in court? Help!

    Posted: 04 Feb 2020 07:28 AM PST

    Hi, I'm new to this sub so please excuse me if I'm sloppy here.

    I was riding my electric skateboard down the main street of my town. When I stopped at a red light a "micro-mobility enforcement officer". Essentially a bike cob that can only write tickets. He pulls up behind me and summons for 190-69a and claims I ran a red light about half a mile back on the main street. I don't remember if I did. When I did research I saw that the fine would only be $20+ court fee. I was going to plead guilty, pay, and get on with my life. When I arrived in court and spoke to the prosecutor she told me this would result in points on my license. It was then I brought up the fact that the wording of the ordinance specifically and exclusively refers to "scooters". She then left and came back 2 minutes later. I was told to request to have the officer present for questioning I think. The prosecutor said that I need to ask the officer what I was riding when he pulled me over and that if he says "skateboard" that I'm home free.

    LOCATION: Hoboken, NJ, USA

    Should I follow her advice?

    How do I represent myself in court?

    Is it worth hiring a lawyer? (prosecutor said no when I asked)

    The court date is Feb 11th

    submitted by /u/darkrad3r
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    Kids threw a block of ice at my car

    Posted: 04 Feb 2020 07:06 AM PST

    Edit: This is in PA

    January 20th I was driving down a residential road past a house where three boys about aged 10/11 were playing at the end of the driveway. One grabbed a sizeable block of ice and hurled it into the side of my car as I passed. I stopped and the boy who threw it was profusely apologizing. I rang the doorbell, mom comes out, and I tell her what happened. She says, boys, "come inside"! And then, "which one did it?" I told her, he admitted that he did it. Then, she closed the door.

    I live about 3 min away so I drove home and had my neighbor look at my car with me. There are 3 dents where the block of ice hit. I just bought this car certified pre-owned and had only made one payment at this time so I know for a fact that the damage is from the block of ice. I drove back to the house and said hey look, my car is damaged so I'd like to exchange info so I can get this fixed. She said, 1) how can you be sure that it's from them? and 2) a little snow doesn't do that much damage. I explained again that it was a block of ice. She told me to call the police.

    Police come, he takes it very seriously and lectures both the boys and the parents about how dangerous that is and asks me if I want citations issued for the boys. I say no, I just want my car fixed. He tells them they are lucky that's all I want, agrees to write the police report. The mother gives her side, lies to the police and tells them her kid's friend who is no longer present is the one who threw the ice. It was actually her younger son. I didn't correct her because I was so shocked and confused and the other boy wasn't there at the time. Over the next two days, I go get an estimate for the repair ($1327) and a copy of the police report. The officer asks me to try to resolve it with them and if I'm unable to do that, to let him know and he'll circle back and issue citations to compel them to pay restitution.

    At this point, the parents are not returning my calls so I'm just wondering what comes next. I expect this will land in small claims court because the parents seem positioned to ignore and then say that I can't prove anything, plus they are placing blame on the boys' friend who won't speak to the police. Will the violations actually be enough to draw restitution so I can avoid court? If not, and I end up in court, what is the likelihood that the judge will side with them and say I can't prove the damage is specifically from the ice, even though the police report indicates that the parents and boys admit to it happening?

    submitted by /u/oakspecka
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    Neighbors built their backyard out into my woods. Camden County Missouri

    Posted: 04 Feb 2020 08:45 AM PST

    While I wasn't home some neighbors built their backyard way out onto my property. Leveled the ground, ripped out all the natural vegetation. Took out some amaller trees. Moved a bunch of rocks. Etc.

    Taking a guess I'd say it's around 1000 square feet of my property but I'd have to get out my Plat map to make sure of how much exactly.

    I'm not a fan of walking out of my house and seeing their backyard instead of my woods.

    What all will I need/be able to do about this?thanks.

    submitted by /u/ColeSloth
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    Parents forged my brother's name on their lease. He wants to move in with me, parents are saying he's legally obligated to their place until lease is up in a year.

    Posted: 04 Feb 2020 07:07 AM PST

    [Edit: We're in SW Florida, US! Sorry, first time posting here.]

    My dad sent in a group chat between me, brother, sister, mom, and him ofc, that he wants us all to grow up and move out but my brother is obligated to stay and help with the finances because he is on the lease.

    Brother said he didn't sign anything.

    Mom says she signed for him.

    Dad said if brother leaves and Dad gets booted from place they're in, it'll look bad on brothers rental history.

    What can we do about this?

    Brother wants to move in with me and mine, we're moving on Friday.

    submitted by /u/MommyMarie27
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    My landlord texted me that the city bought the house I rent and I have two weeks to get out.

    Posted: 04 Feb 2020 05:35 AM PST

    Hi r/legaladvice. I need some help. Like the title says, my landlord sent me a text message today saying that the city bought the house I rent and I have to be out by not this weekend but next. I live in Indiana. I HAVE NOT BEEN ON THE LEASE FOR AWHILE. He has told me before that he was going to sell the house to the city, which is why he hasn't allowed me to sign a new lease. So I have been paying him $700 a month and he's been giving me paper receipts.

    He has told me before I had x amount of time to get out, in which time I put in applications for other houses, then he told me that the city backed down and I had more time. So I started to relax a bit. A couple months went by and he told me the city is picking it back up again and to get ready to move. So I again started looking for a new place to live. Then about two weeks ago he told me that they backed out again and I had a couple more months. That was about two weeks ago and he just sent me a text today telling me I have two weeks to get out.

     

    I couldn't move into a new place in two weeks no matter how bad I want to. So what I would like to know is, is there anything I can do? Do I have to be out in two weeks? What happens if I need a month to move? Is that possible?

     

    Thank you so much reading my post and helping me out.

    submitted by /u/LeviTheColdest
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    My dad passed away suddenly and now extended family are ransacking the house and claiming they own everything.

    Posted: 03 Feb 2020 06:15 PM PST

    Well boys and girls this is a MESS.

    My dad passed away suddenly in his sleep on Friday night, and due to the drama that's unfolded since, I haven't been given the opportunity to really grieve the loss.

    My grandmother passed away from cancer mid-October and left 100% to my dad. My great uncle was given permission to help my dad manage property, his name was placed on documents to help assess things if needed but NOT as an heir. The estate was distributed to my dad, he filed all the death certificates, got her bank accounts, control of all four properties and the only thing he hasn't done is swap titles to the cars and some minor things like that. My dad did NOT have a will, and under California law had to outlive his mother by 5 days in order to avoid my Uncle inheriting anything.

    Unfortunately I'm on the other side of the country and won't be at the home to deal with all this until tomorrow evening, but my Great Uncle and his wife have entered the home, taken vital documents, money, items and things without permission. The cops were called and his wife started screaming about how "it's her Uncle's property now because he was next in line on the trust" and these people are playing stupid.

    I got in contact with a probate attorney, have recorded all phone calls, filed police reports and notified the funeral home to let me know if they try to say I gave them permission to take over funeral arrangements for my dad.

    They completely took everything away from the spot my dad passed - moved his shoes, blankets, etc. It may seem odd, but I really just wanted that to be left intact until I got there so I could see the last spot my dad was before I have to say goodbye. I don't think I can forgive them for that.

    Is there anything I should be worried about/anything additional I should do? This is my first time dealing with something so I'm trying my best. I've considered pressing charges for trespassing and theft if they don't return every item they took. They've gutted the house, trashed rooms worth of things, took legal documents, social security cards, etc because they wanted to 'keep them safe' (bullshit), and they even took my dads money, keys, etc. Thankfully I have a full video tour of the home from a month ago so I can compare what was there before and after my dad passed.

    submitted by /u/mysteriousseal
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    UPDATE Mail scammers are using my business address

    Posted: 04 Feb 2020 12:36 PM PST

    I didn't get many replies to my last post but still thought I'd post an update since I finally got some official attention.

    Two secret service agents showed up at my business investigating this issue a few days ago. They thought I had been assisting the scammers by letting them use my address. They're now working with USPS to figure out who is running the scam. I never thought to report to Secret Service, but they say it falls under their jurisdiction since the scammers are using fake checks.

    Location: Nevada, USA

    submitted by /u/qualitylamps
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    My manager wants me to do something dishonest (TX)

    Posted: 04 Feb 2020 06:53 AM PST

    I work for a fast food place, they have 5 sizes of drinks, each labeled on the menu with prices; junior, small, medium, large, and 44oz. My manager is telling everyone that if a customer asks for a large drink, we are supposed to put down their order for a 44oz drink without telling the customer. I have been reluctant to follow this rule because it seems dishonest to me, so instead, if a customer asked for a large, I would ask a follow up question "would you like a 32oz or a 44oz drink? However, this has gotten me in trouble with my manager. I was wondering if there is a law about what they are asking me to do. We are giving the customer what they paid for, but not necessarily what they asked for.

    submitted by /u/origamiscienceguy
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    I've been under payed for the last 7 months now the company is trying to get out of paying over half

    Posted: 04 Feb 2020 05:57 AM PST

    So I work for a traveling union and bounce state to state for work. It has recently come to my attention that because I'm working in a city with a "city local" and not our "state local" that I'm entitled to be paid what they make (almost $20 more an hour over the last 7 months) the union gives me 100 dollars a day for living expenses just for being out of town. Now that this has come up, the company is telling me that they will honor the raise but because the city states nothing about travel they are going to deduct the 13,000 in sub pay that I was given. My question are:

    1. Can they cut sub some directly from wages when I was not aware sub wasnt an option before I started this job?

    2. What does that mean for taxs? Do I now get to write off all perdiem expenses from last year even though they arent cutting it until this year?

    3. Should I be mad?? Because i am.

    [PA]

    submitted by /u/gurkkie
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    Just kicked out a freeloading junkie and she left a bag here that had other people's social security and debit and credit cards. What do I do?

    Posted: 04 Feb 2020 04:24 AM PST

    So my roommate felt bad for someone that was in a tough spot and he let her crash at my place before we got tired of her taking advantage of us and after calling many different shelters and women's homes we couldn't find anything immediate so I told her to pack up and she called a friend, gave me an address and I dropped her off.

    Now, she left behind some bags of clothes and in one bag was about a dozen credit and debit cards, 6 of the debit cards, a driver's license and a social security card belonging to a single person.

    Do I just drop all this off at my local police station? I've already contacted the one person that I could confirm but how do I go to the police without it looking like I was the one that stole all this?

    Location, NC

    submitted by /u/PeeB4uGoToBed
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    Wrestling with my kid (4) and I tossed her on the bed and her knee gave her a black eye. She told her teacher today that "I hit her". Wife and I are scared of the repercussions. Should I be worried?

    Posted: 04 Feb 2020 08:35 AM PST

    She told her teacher that today and I've heard some bad stories from friends. I'd hate to over-react over this accident. Do I just need to sit tight and see what the school says/does?

    submitted by /u/nagewaza
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    Estranged mom signed me up for health insurance without my consent. What do I do?

    Posted: 04 Feb 2020 12:46 PM PST

    Edit: I live in Missouri, 21F and recently became financially independent from my parents

    In attempt to renew her insurance with me on the plan (like I have been for years), my estranged mother "accidentally" signed me up for my own insurance plan without my consent. She claims the insurance company did this themselves because I am no longer a full time student, I have no idea if this is true or not. This week, she forwarded me two bills in the mail, two months worth of payments and a late fee (totaling about $700 that I absolutely cannot afford.) She claims she can't cancel it because the insurance is in my name and she says she's not responsible for paying it either. My question is, has she committed some kind of fraud/identity theft by signing me up for something in my name without my consent and sticking me with bills I had no knowledge of? How can I be legally responsible for something I did not sign up for? How can and should I proceed?

    submitted by /u/Peach_MacabreLer
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    Being sued by CapitalOne over a card I’ve never had

    Posted: 04 Feb 2020 06:12 AM PST

    [PA] Is there something going on with this company? I've heard someone else in the area is going through the same thing. Heard nothing about this debt before (never even owned a credit card), my name is spelled wrong throughout the paperwork, address is not correct (it's a relatives former address), I'm not sure how to proceed aside from contacting a lawyer, but ideally I feel I shouldn't have to pay out of my own pocket over this.

    submitted by /u/Sorry-Analysis
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    How to get away from my mother?

    Posted: 04 Feb 2020 01:12 PM PST

    I'm 14 and live in New Jersey. She's extremely emotionally/mentally abusive, and has been physically abusive in the past. I went to DYFS to try and do something when I was 8 and they just brushed it off. I'll literally do anything, but I just can't have her in my life. I've wanted to get away from her ever since I was 3. I don't think I can handle being around her any more.

    I have plenty of relatives who could take me in. But she refuses to give up custody of me.

    submitted by /u/idkitjusthappened
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    [VA] Landlord wants to show house after I gave notice. Question of liability

    Posted: 04 Feb 2020 12:59 PM PST

    I recently gave notice to vacate the house I am renting. The landlord is insisting on putting a realtor key box on the house and scheduling showings while I am still here. I am very uncomfortable with this. Sure enough, I agreed to this in the lease. I read the lease very carefully, so I am a but upset with myself for not noticing this.

    My question is this. Who is liable if something is damaged or goes missing? What about if someone breaks due to the realtor key lock (these things are not secure at all - then again neither are locks in general). I do have some rare and valuable items throughout my house which can easily be damaged just by someone handling them. What if someone is injured?

    Does my liability argument hold up, or is this a lost cause an I will have to accept unwelcome visitors into my home?

    submitted by /u/throwaway2342dd34
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    Parents want to transfer ownership of house to me

    Posted: 04 Feb 2020 08:33 AM PST

    My parents rent a small business that they are behind payments on. They believe the business owner will place a lein on their home in which they have about $200k equity on but still have around $200k to pay off, and want to transfer ownership to me before the lein is placed and they lose their equity on the home. I've been reading many posts about transferring ownership and how some transactions can be considered fraud, as well as a lookback period where creditors can see the recent ownership transfership to me from my parents. My dad is trying to go ahead with this process, which is requiring me to provide my income, taxes, credit score, etc., but I was wondering if it is safe to go along with this. My parents aren't extremely financially responsible and have previously declared bankruptcy, and are planning to declare bankruptcy again after the home is transferred to me. I was planning to buy a home for myself later this year too but I don't know how that is going to work out if this home is under my name. Thanks for any advice.

    submitted by /u/caraj12341
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    Being terrorized by crazy neighbor, do I have any recourse?

    Posted: 04 Feb 2020 07:15 AM PST

    I live in Spokane, Washington. I'm a retired teacher but I supplement my retirement pay with private tutoring of young students from my home.

    My neighbor across the street has been a thorn in my side for quite a while over the issue of me teaching students from my home. He claims it's "disruptive" to the neighborhood to have strangers visiting and parking on the street and closing their car doors.

    He complained to the county about me a few years ago, and I was required to get a permit that allows me to tutor students from my home. I have complied with that. He also filed a lawsuit complaining that I was violating neighborhood covenants and rules, which I wasn't. The court dismissed his lawsuit. That was over a year ago.

    Lately what he has been doing is that he parks his big black pickup truck on the street in front of my house (instead of in front of his house). When my students or their parents arrive or leave my house and walk past his truck, he starts the truck remotely and revs the engine and remotely sounds the alarm.

    This has been going on for months and I have seen him do it more than a dozen times. It's frightening to me and to the students when this happens. I'm on Xanax for anxiety for years and now I've had to increase the dose. I worry he's unstable and might actually harm one of the students next.

    I have not lost any clients yet but his actions are very upsetting to me and to my students and their parents. I'm a woman and I live alone. Every time I hear his car alarm it makes my heart jump. Can I sue him for the distress and anxiety he's causing?

    submitted by /u/Old-Platypus
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    Seattle WA area HOA/Corona Virus

    Posted: 04 Feb 2020 01:36 PM PST

    My wife traveled to China in early December due to the death of her father. She returned to the USA this most recent Sunday the 2nd of February early in the morning. She was in an area of china very far away from Wuhan and for the past two weeks she stayed at home the entire time she was in china.

    When leaving she went through a temperature screening at the airport there and nothing else was required of her health wise at Seatac. There are no govt mandated quarantines in any way at the moment. She decided she would stay home for two weeks anyways just to be safe but realistically the chance of having any dangerous virus is probably lower than catching the flu.

    Only one neighbor of mine knew my wife was out of town in any ways and I told them when she would be returning. On Monday the 3rd, A property manager with our HOA condo's came to our door while I was at work and yelled at my wife telling her she can't be here and has to leave because she went to china. This morning posted all around only our condo unit was flyers saying that a person in unit xxx has returned from china and was under Corona virus quarantine and is very dangerous and you should avoid them.

    This type of posting is intentionally ostracizing my wife and making her feel unwelcome to even be here, especially after suffering such a family hardship. These HOA people have no idea where she even was in china nor did they talk to us about anything, they just immediately considered her a threat and are trying to impose some sort of quarantine on her.

    Would love to hear options to explore how to deal with them. So far I have called the local PD to get a case report about possible civil rights housing violations as they are impeding on her ability to live here based on her national origin/race

    submitted by /u/gildar
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    My mother was sexually assaulted by our buildings Super and Harassed by his family for over 15 years. Coop board and Managing agency were repeatedly told but never took action. Can we sue for negligence?

    Posted: 04 Feb 2020 12:50 PM PST

    Throwaway account for privacy

    My Mother began receiving unwanted advances from the Building super more than 15 years ago. It began as flirtatious comments & unannounced visits to the apt while my elderly step-father was at work to try to talk to her. Being a non-confrontational woman, my mother did her best to respectfully decline and ignore his advances. It all came to boil one day when he forcefully grabbed her arm and tried ushering her into his apartment that is connected to the laundry room.He told her that his family was away on vacation and she should come in. My mother had forcefully to pull herself away and leave.

    Heres the kicker; My mother did not immediately report this to the police or to my stepfather out of shame and embarrassment. Her immigration status also played a role in this. She figured her strong reaction to the super in the laundry room would be enough for him to finally leave her alone. Fast forward about a week later my mother was leaving her apt and the Supers wife and daughters began accosting her and calling her a whore,slut and accusing her of sleeping with her husband-the super! My mother & stepfather immediately requested a meeting with the co-op board and managing agency to discuss this and when they met she received a very cold reception, almost as if they didn't believe her. No action was taken against the Super. The Harassment meanwhile ramped up and The Super, and his family would continually make rude comments, threaten,spit on floor next to her and all sorts of messed up things every single time they saw her alone. I remember waking up and opening our front door to find garbage has been placed all over our mats. I remember wheeling my elderly stepfather after he broke his hip and the daughters mocking him for being in a wheelchair. I was only 11,I felt so powerless. The harassment was ruthless and relentless. We wrote dozens of letters and requested meetings to the board and managing agency and never would get a response. My mother was forced to call the police 6+ times but nothing would come out it since they never left a physical mark and did what they did without witnesses around. Through it all my mother stopped receiving any maintenance to her apt as every repair request she would make would be ignored. She would have to make repairs out of her own pocket. We reached the end of our patience when our top floor apt began leaking water from the roof and we would literally have it rain in the house. They ignored us for a whole year with this particular repair until we took them to Housing court this past December. Harassment of my mother has never stopped although it has waned in its frequency. My mother is so hard on herself for not reporting this before it got out of control but I refuse to let her do that.She also feels like she has no choice but to sell and move. I would like to still believe there is justice in this world. Can anyone give us advice on what we could do to move a case like this forward?

    submitted by /u/Careless-Snow
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    Purchased abandoned foreclosure. What to do with furniture and vehicles? (TX)

    Posted: 04 Feb 2020 12:41 PM PST

    Just purchased a foreclosure with the intention of eventually residing there. Property appears to have been abandoned for at least 2 years. Upon receipt of deed (~30 days), we intend to proceed with formal eviction. However, there is a lot of furniture and 3 vehicles on property. We have no means to find previous owner. Neighbors have tried for years. Do we need to hold onto property for 30 days after eviction, indefinitely, or simply allow sheriffs office to take it to curb?

    submitted by /u/Visible-Split
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    [SC] Landlord saying he doesn’t have to deal with pest control problem because it’s been more than 3 days.

    Posted: 04 Feb 2020 12:08 PM PST

    Recently I've had some issues with getting bitten in my home by a bug I can't see. It's been about 3 weeks and I've done every at-home remedy. I don't think it's bedbugs. I finally asked my landlord to have a professional come in and he spouted off that in SC you have 3 days after moving in to tell your landlord of any pest problems and then it falls on the tenant. He said he would drop off a can of raid tomorrow and that's all he'll be doing. I can't find anything online about this supposed law. Is he in the right or is there more he should be doing? I live in a duplex if that helps anything.

    submitted by /u/Sleepmeansdeathforme
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    Laid off due to budget constraints but likely real reason is performance (Florida)

    Posted: 04 Feb 2020 02:12 PM PST

    So I was laid off yesterday morning, noting that the position had been eliminated. I was given a packet that basically outlines 1 month severance and all the legal details. I have not yet signed this and have contemplated having a free consultation with a lawyer before signing.

    I understand that Florida is an 'at-will' state. However, you could tell my manager had begun to be unhappy with my performance beginning last fall and gave me a poor performance review the first week of December. Since that time, I have had bi-weekly check-ins and no additional information that my performance was not improving etc.

    My problem is, our company has a detailed policy that details how the process works for letting an employee go. One verbal warning that must be acknowledged via email, written warning with a performance plan, then a final warning. I had received none of these besides a 'Needs improvement' performance review in the fall. Honestly, I'm glad to be done with the job now that it is all over. However, it does frustrate me with how sudden it all happened and I feel the position being eliminated is just a load of BS to offload me sooner. Should I speak to a lawyer and get their opinion? Ideally, the only thing I would like out of this is a little more severance pay as finding a new job with 1 month's notice will definitely be difficult in my area.

    Thanks for any advice and I apologize if I come off as frustrated.

    submitted by /u/SecureEntertainment3
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    Client’s company purchased by a foreign company - need info on pension being vacated

    Posted: 04 Feb 2020 12:56 PM PST

    State: Michigan, if that matters

    I've done as much research on it as I can stomach, and my next step is to call the EBSA arm of the DOL.

    I have a client who has a pension under his former employer, who closed. At the 11th hour, when it looked like all hope was lost, his company was purchased by a foreign company. He is curious about under what circumstances the new owner (the foreign company) has the ability to cancel/vacate/raid (not even sure of the correct terminology here) the pension fund, and I cannot find a damn thing online, which makes me think it's super rare if not impossible.

    Can anyone help point me in the right direction for some sources? He's an engineer so he's going to want to read it himself and I don't want to link him to my Reddit post lol

    Thanks in advance.

    submitted by /u/CommunismPanda
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