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    Monday, December 2, 2019

    Legal Advice - My hallucinating mother had our apartment swatted with my brother, fiancée and I in it (California)

    Legal Advice - My hallucinating mother had our apartment swatted with my brother, fiancée and I in it (California)


    My hallucinating mother had our apartment swatted with my brother, fiancée and I in it (California)

    Posted: 02 Dec 2019 11:59 AM PST

    For some backstory: my mother has been experiencing delusions and hallucinations that we suspect are drug induced for roughly 6 years now, these started small and grew into something so unbearable that my brother and I had to move from her house in California, 8 hours away to our new apartment also in California. The tipping point was her calling the police for about the 7th time that month when my brother and I went out to go to get food telling the police that we were hanging from the palm trees in our backyard dead (these palm trees were 30 feet in front of her eyes) and when they came out they took her to the hospital for a mental evaluation, non 5150. They released her, they didn't do any blood or urine tests, they didn't keep her because, in their words, "We don't like to keep people that have even the slightest possibility of seeking outpatient help" even though we explained that she refused to do this as she doesn't think what she believes is abnormal. She was released that day, we immediately found a place and moved here in July this year.

    Since then, we have been living somewhat peacefully I suppose. My mother has been calling my brother and I most nights at obscene hours asking if we are okay and insisting that we are someone pretending to be us and we are actually in danger. She even did this when we were living at home. But we were/are afraid to cut ties because we don't know if something even worse will come of this if she has no reassurance.

    My brother gave my mother our address a couple months ago so that she could drop his car off at our house, I didn't agree with this but I couldn't stop him. She doesn't live back at home anymore, she had all of the furniture and items put in storage and she drifts from county to county staying in hotels along the way. She recently totaled her car speeding on the highway trying to "evade hitmen". She has been in altercations with a bunch of different county police departments recently, one even called me saying she left a suicide note in a hotel lobby asking me if I think she should be admitted, saying she's currently speaking to police at the hotel. I said yes as she obviously is leaving a suicide note and isn't well, she wasn't admitted and was let go the same day.

    The last time we had contact with her was on Thanksgiving. She came to our apartment and was seemingly perfectly fine. She is very polar. One day she is completely fine and seems like a random Jane, the next she's freaking out and at a Mormon church getting an exorcism performed on her. Thanksgiving was a good day. Today, not so much.

    Today, at around 9:30 AM, a police helicopter and 20 officers with shotguns come to our house pointing a shotgun at my brother sitting at his desk in the living room through the window. He gets up to open the door and let them in. I get a call from an unknown local number while I'm in my bedroom unaware. I answer it and they ask if my name is (random name that isn't mine or anyone I knows). I say hang on as I hear someone at my bedroom door. I look up and see a police officer with a shotgun come in and search my room, then ask if my fiancée and I are okay and leave to go downstairs where my brother is after searching the rest of the upstairs level. I talk to the woman on the phone and tell her no that is not my name and give her my real name. She seems confused and asks for my address which I provided then basically tells me that they received a call that my brother had been shot and asks if he's okay, I call his name and he's fine so I tell her he's fine. She asks me what I'm wearing and orders me to step outside of the apartment. I go downstairs and go outside and an officer asks me if my name is (the same name the woman said on the phone) and I say no, so he asks me to step back inside. I tell the woman this, and she says okay just wait. The police come in, ask us to step outside, one asks us what my name is, I tell them, they are really confused about why it's not the name they were given. They ask me if I know (insert random full male name I've never heard of here, not the one they think is my name). I say no. They then explain that my mother had called them saying that we had been shot and were dead/dying in our apartment. We tell them that she experiences hallucinations. They calmed down and took their shotguns off and placed them back in their vehicles. We chatted about what is up with my mom, told them that we suspect substance abuse and that she experiences hallucinations and delusions, and he asks if I have any questions. I say yeah, what's gonna happen with my mom, they say we will contact (local police department to old house my mom cleared out) and see if they can evaluate her or find her there as it's legally her permanent residence. We told them that she doesn't really stay there or anywhere permanently and they said something about seeing if they can have that local police department find her at that address and 5150 her as she is a danger to us and we could've been shot by them and their shotguns. They eventually left after that. They said that the reason they thought my name was something else is because my mom told them that was my name (?)

    My question is. What can I do legally from here to make sure my mother doesn't have us swatted again? She makes our lives extremely difficult and I don't know what to do. Can we somehow get them to find her? Like, track her down? Will they? They didn't seem to take that part extremely seriously but that could just be my interpretation. Can I file a police report that basically says don't listen to her calls about this address or us? I don't want us to get caught up in an accidental shooting because of her recklessness. We want out of her mess. Can we report her for suspected substance abuse? Will they track her down for that? We want to be safe and we would prefer it if she could be rehabilitated as well for whatever she's going through, whether it's substance abuse or schizophrenia or both as it puts everyone in a very dangerous situation.

    To clarify, we did not suffer any physical or property damages from the swatting and we do not wish to seek legal action against the police as they were actually very nice and were just doing their jobs.

    Thanks for your time.

    submitted by /u/youlooklikejohny
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    I quit my job because they had issues with me pumping, and now they’re messing with my paycheck.

    Posted: 02 Dec 2019 11:13 AM PST

    I currently live in Florida and I quit my previous job due to them telling me since my baby was 6mos I can no longer pump. I had a meeting with corporate, and my general manager, they tried to have me sign a contract agreeing to that so I just found a different job instead of making the situation worse. I went to pick up my last paycheck and they took $100 out of it and the reasoning for it says "uniform". Mind you all I turned my uniforms in to my general manager the moment she contacted me that I needed to return them or else they'd take it out of my check. I'm livid and honestly just wish I would've taken legal action the moment they gave me problems for my pumping. Is there anything I can do about this? Or am I s.o.l

    submitted by /u/s_elizabethh
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    Accused of inappropriately touching a 13 year old girl while giving CPR after she fell out of her kayak and was unresponsive.

    Posted: 02 Dec 2019 02:55 PM PST

    I apologize in advance if this is hard to read or doesn't really make sense, I'm very shook up with this. I'm going to cut out names and places as I don't want any more shit flying me way. Its along post and I need to get this all out.

    Right, basically, I am a scout leader for my local scout group. This Weekend just gone, Me and two other leaders, my colleague and his wife, (I'll call them LP,leader pair), took 10 scouts out to a lake to do some kayaking and camping for the weekend. We where all on the water, our standard rule is to have at least two leaders on the water at all times and one ashore to look after scout who have finished or don't want to do it.

    All the scouts where on the water , they all had life jackets, helmets , no spray decks, and we where in 5-6m of calm water. They all had previous experiences kayaking so us leaders kept our distance as not to pressure them. On the shore, there were about 6-7 parents who came to watch.

    The incident

    It was early afternoon, the scouts had had enough and returned to the small jetty. Both LP had gone ashore with 8 of the 10 scouts, I was trailing the other two,two girls, just keeping an eye on them. They start splashing each other and yelling, having fun. I'm not overly worried about them as they are both confident swimmers. I'm about 25 meters away when I hear screaming and yelling, I look over and see one upturned kayak and the other girl yelling that her friend is drowning.

    I quickly paddle over, role out the kayak the swim over and grab the girl, she's got her eyes closed and is not making a sound. We are not far from shore, and I pull her to the jetty ramp. As soon as I can touch the bottom and walk, I carry her up the ramp and yell for help. I check her breathing,not breathing. I cut her life jacket off, role her to one side to get the water out, a lot does come out, and start CPR. I do 10 compressions and two month to month breaths. And again. 4 compressions in she splutters awake, throws up and coughs a lot, but shes breathing.

    LP have arrived by now and take over,they have higher first aid training then me, they treat for shock, ect. At some point between me getting to the jetty and LP arriving, the girls mum had run up and was shrieking, understandably. I wasn't listening,I was busy saving her daughters life. An ambulance is called, report are signed, bla bla.

    Today I was in town when I got a message from LP the I had been reported for inappropriate behavior and had been temporarily suspended from the scout registrar. I asked what the hell is this about. LP said the parent had filed a complaint because a touched her daughters chest . I say that I was giving emergency CPR and that j was the closest person to her with first aid training. He says he knows it's bullshit, but because it's a complaint, he has to suspend me and suggested that I seek legal advice just in case.

    I can't afford a lawyer, and this could fucking ruin me. What the hell do I do?

    Located in Europe

    Edit: my apologies to the location bot

    2nd Edit: sorry I wasn't very clear, it was a troop complaint, not an official complaint. LP said he suspended me to try to cool things with the parent involved.

    submitted by /u/Tinysniper2277
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    An Hotel Fined me a $200 Smoking Charge Even Though I am not a Smoker

    Posted: 02 Dec 2019 09:08 AM PST

    This happened in California [CA]

    I tried talking to hotel manager but she was rude and didn't want to listen to me because in her mind, she did make up her opinion of me. She showed me a day-time picture as an evidence I smoked on the day I checked in on, even though I checked in at 5:PM (very late into the day)

    Nothing adds up in their claim. At the front desk counter, I was given two charges at first, one for the night before I even checked which they obviously had to remove. The other one is for the first night I checked in. The employee at the front office said she has to call the manager and whispered in the call that there usually is a picture attached but this time there wasn't any.

    The manager came by and showed me a picture. As I said, that picture was taken at the balcony in day time, and I checked in at 5:PM, and the twilight in the city I stayed in starts at 6:PM. I told her I would like that picture to be sent to me, but she refused. I asked her if I can film her while she's denying that picture to be sent to me, and she refused and said she would call the security on me. I am afraid that they can swap the pictures as they please and see fit for their claim.

    All of this confuses me because the picture was obviously taken before 5:PM, but anyhow, even if we say it could be taken at 5:59:PM, why would the house keeping enter my room at that time? Which by the way, I was sleeping in my room at. Why would they enter my room at the time exactly after I checked in, or any time at that night I checked in. Are they just now cleaning my room? So much for a 4-Star Hotel.

    Besides me never smoking one cigarette in my life, and no one else getting into my room, everything else screamed that something didn't make sense. However, when I contacted the company that owns this very large hotel chain, I was met with refusal.

    The charge is completely false and I have absolutely no idea how to proceed with this.

    submitted by /u/SteveSonOfJobs
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    Wife reported a fellow employee for stealing. Fired employee is now contacting her.

    Posted: 02 Dec 2019 02:04 PM PST

    I'm writing on behalf of my wife who works in retail in Oregon. She witnessed her manager stealing product and reported her to loss prevention. They confirmed her story with security tapes and fired this manager about a month ago. Today my wife received a text message from this manager claiming innocence and making various accusations. My wife has since blocked her but is now worried for her safety.

    At the time she reported this, my wife was assured by management that she would remain anonymous but this manager says that the paperwork they received after filing for unemployment names my wife. Has her employer broken the law by naming her and does she have any recourse?

    submitted by /u/WifeIsAfraid
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    [TX-USA] My apartment complex let security footage of myself getting battered in the elevator get deleted after I promptly asked them to pull the footage

    Posted: 02 Dec 2019 08:03 AM PST

    So recently I was assaulted and battered badly in the elevator of my building by a stranger, leaving me with facial scars. I called the police who promptly came to my room and took my statement and wrote a report but it didn't lead to anything because they couldn't identify the person who attacked me.

    The next morning I asked the property manager of the building to please pull the security camera footage to turn over to the police (which the cops instructed me to do). She said ok, check back on Monday and we'll have it prepared on a flash drive (this was a Saturday)

    I came back the following Monday and she said (paraphrasing) "Oh, the video is deleted. We checked the tapes and we didn't see anything happen in any of the 3 elevators. We only saw you riding up by yourself and it wasn't notable so we didn't save it. And our footage rewrites every 2 days."

    I told them that isn't possible, and you clearly missed the event and perhaps fast forwarded through it too quickly. She suggested maybe I was drunk and this really happened in another building. I told her the police were here and also had to take the elevator to get to my room - as we live in a highrise and they certainly didn't walk up (our stairs only serve as an emergency exit). The police report details them coming to my room. Therefore, the fact that she didn't even see the police officers in the elevator footage indicates that she didn't thoroughly check the footage, also missed the assault, and negligently let it get deleted - ruining my best evidence and best chance at getting justice for the assault and battery I suffered.

    I am really angry about all this and was just wondering if what they did is illegal and if theres any action I can take?

    submitted by /u/shrinkwrappedzebra1
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    Not quite a kidnapping, but my boyfriend drove me across state borders against my will after a bad fight/breakup - can I use this as basis for a restraining order in the future?

    Posted: 02 Dec 2019 08:29 AM PST

    This is a complicated story, sorry in advance but I can't keep this short. Background: My boyfriend and I (both 25) have been dating for 1.5 years now. We have had increasingly bad fights and it is safe to say at this point that our relationship is toxic. I want out, but we live together and I haven't found a way to make a breakup permanent despite telling him several times over the past 3 months that I do not want to be with him.

    The incident: We went to his family home in another state (about 1 hr by car) for Thanksgiving even though his parents weren't home. Just us two, his brother, and a close friend of his for dinner. I'm preparing the food upstairs, while the guys are in the basement drinking and chatting away. I walk down to ask them for help with something, but overhear a conversation about my boyfriend flirting with another woman recently. This has been a big issue for us over the past few months. He was on dating apps out of "boredom", we fought a lot about it, and he agreed never to do it again. But what he is telling his friends and brother clearly says otherwise. So I decided to leave and go home by train. I left without even telling them when they drove to the liquor store in the afternoon. After realizing I'm gone, my boyfriend drives back to our shared apartment to find me. I don't want to let him inside, so we talk out in the cold for a while before he suggests getting in the car just to be warmer. Literally told me "it's not like I'll abduct you or anything". So we continue arguing in the car, I tell him I'm staying home and he should go back to his parents' house. He disagrees, and starts driving. I'm scared and crying at this point, asking him again and again to just drop me off and let me go home. But he refuses, saying I'm being psycho and all kinds of nasty things. I think I ended up having a full blown panic attack (I've never had one before so I'm not sure) because I became so anxious and scared that I actually threw up twice during the ride (the only time he pulled over to stop). Eventually we end up back in his parents' home where he acts doting, gets me water, tucks me into bed, and let's me recover. All while still refusing to let me go or to drive me to the train so I can go home by myself. Mind you at this point I had brought all my belongings home, but left them there so I'm not even carrying ID or credit cards. Literally just my house keys and cell phone. We have both calmed down since and aren't actively fighting anymore, but this weekend was painful to get through (he finally took me home Saturday).

    My questions: I need to get out of the relationship. But I also need to sort out what happens after. I don't want to call this a kidnapping/abduction because I stayed with him after and didn't feel in danger enough to call the police or anything. He also wasn't violent or physical with me in any way. In theory I could have snuck off again and made my way home alone, but I was too scared and honestly a bit shellshocked if that makes sense. Obviously he did something wrong, I just don't know what to call it legally. Also, in the event that I may need a restraining order in the future, should I collect evidence of some sort? Could I text him about what happened or record a conversation and hope he "admits" what he did?

    Edit: this happened in the US (east coast if that matters)

    Edit 2: thank you to everyone who replied. Trust me, I am taking this seriously. I'm also trying to stay as calm and collected as I can so I don't tip him off. I know the severity of my situation. I have support. Now the one question that hasn't really been answered from a legal standpoint: is there any use in me providing "evidence", or can restraining orders be placed regardless?

    submitted by /u/Trijalaraja
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    Mom is threatening to sue me if I move out please help

    Posted: 02 Dec 2019 04:45 PM PST

    So I'm 17, going on 18. My mother is very manipulative and emotionally abusive. She and my stepfather were physically abusive until I got CPS called on them (CPS did nothing). When I told my mother I wanted to move out at 18 to a friend of mine which she doesn't like, she told me that I wouldn't. I replied, "Yeah I will." She then comes to my room and holds out her hand saying, "Then you can give me the money for your medical bill"($263) "and your graduation order." ($237) She whines when I don't give her my checks to put into savings and the reason why I don't is for some actual freedom. When I didn't give her the money, saying I didn't have it (I have some money saved up which she doesn't know about), she asked how I would move out. I asked her, "What if I don't pay it?" She replied "then I will take you to small claims court." Keep in mind I pay $150 for rent, my checks are about 170 if I'm lucky, and I pay for my own food. Any advice?

    submitted by /u/Darkqueen166
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    Can I be fired for contacting CPS?

    Posted: 02 Dec 2019 01:04 PM PST

    First off, sorry for any formatting, I am on mobile.

    Pretty much the title. In my employee contract, I am agreeing that contacting CPS will result in termination.

    This is a contract for teachers to sign at a private daycare franchise. I am, by law, a mandated reporter. This is in Texas.

    I have been instructed to tell management only, and let them decide whether to contact proper authorities. Otherwise, I will be fired.

    If I tell management about suspected abuse or neglect, and feel that management hasn't contacted people appropriately, can they actually fire me for reporting on my own? Is it even legal for them to have this in their contract?

    Personally, I'm willing to do whatever I have to (including getting fired) if I feel that a child is in danger. But I feel like there is no way this can be enforced, let alone legal to put into the contract at all.

    If I am correct, how do I go about changing this policy? If I'm not, what is the best course of action if something unfortunately does arise?

    submitted by /u/monuments-melodies
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    [TN] Crazy neighbor dries her yard for several hours every single day with an extremely loud leaf blower. I have no idea how to make it stop. This has been going on since I've lived here (for over a year).

    Posted: 02 Dec 2019 02:59 PM PST

    Hey everybody, not sure if this is the best place to post this.

    My neighbor who lives behind me has an above ground pool which I guess makes her yard somewhat damp. Every single day from around 4 PM until 9-10 PM (I'm not exaggerating, she may take like 10 minute breaks here and there). On weekends she starts at around 9 AM and usually stops sometime between 4-9 PM.

    Her leaf blower is unbelievably loud and high pitched and I've talked to several of my other neighbors and they all had pretty much the same reaction "Oh my God is that what that noise is? It never stops." I can hear it from every room in my house, even with a fan on or when listening to music or something.

    One of my neighbors told me that she had hopped into my back yard and asked the lady if she would please stop because they were trying to have a cook out and the lady said:

    "I'll blow dry my yard whenever I damn well please. I work for the sheriff's department and they really don't appreciate everyone bothering me all the time."

    What are my options?

    submitted by /u/Princess_Diana
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    Mistakenly booked a trip because of a funeral... Airline refuses to comply with the US DOT 24-hour cancellation requirement

    Posted: 02 Dec 2019 11:33 AM PST

    Situation

    I got my dates mixed up when I made a booking with TAP Air Portugal on September 24th around 10am PST to attend my grandfather's funeral, as I was extremely distressed when I was booking them. Around 11am, on the same day, I realized that I got my dates mixed up. I immediately called TAP customer service when realized my mistake, in order to ask for a refund, in the original form of payment. I spent 40 minutes on the phone before an operator picked up my call. The operator I got on the phone told me that their 24-hour cancellation policy is to charge €20 cancellation fee + emit the rest of the amount in the form of a voucher.

    I said explicitly I was absolutely not interested in a voucher, as I was not planning to travel to Portugal anytime soon, and preferred the original form of payment, but was told I would not be offered this option. So I cancelled the flight, but did not accept the voucher. On September 26th, I received the voucher, even though I did not accept it.

    My first candid contact with the airline

    Following the reception of the voucher, I contacted TAP again via multiple channels to express my discontent. I sent emails to [talktoususa@tap.pt](mailto:talktoususa@tap.pt) on September 24th/26th, contacted them on Facebook and on Twitter on October 31st, spoke via phone on November 5th and today November 6th. TAP Portugal has been consistently disregarding my communications, or sending me the same copied-pasted template over and over, without acknowledging my situation, and offering to refund me in the original form of payment. On top of ignoring my requests, not even once did TAP acknowledge my distressed situation, or showed a little bit of empathy towards my grief.

    Coming across the US Department of Transportation 24-hour reservation requirement

    Mid-October, I became aware of the US Department of Transportation 24-hour reservation requirement. In particular, the section "Refunds for Cancellations under the 24-Hour Reservation requirement": For any online cancellation that is covered by the 24-hour reservation requirement, in deciding whether to pursue enforcement action, the Enforcement Office considers it to be a violation of 14 CFR 59.5(b)(4) and an unfair and deceptive practice for a carrier not to offer consumers the option of receiving a full refund in the original form of payment before the cancellation request is submitted. Carriers may offer other refund options, such as, for example, carrier-issued credits, but such offer should not be pre-selected as the default choice of refund form or appear as the more prominent refund option. I made this point to the airline via email communications and asked for a refund in the original form of payment.

    Coming across the airline's Customer Service Plan

    In addition to the above, today I came across their *Customer Service Plan*, which can be accessed on their website at the following link (https://wws.flytap.com/mediaRep/editors/Contentimages/PLAN_and_BOOK/PREPARE_for_TRAVEL/Travel_EUA/Customer_Service_Plan_v5_EN.pdf?fbclid=IwAR2lmXpIPGNbZelIIrmVULzurrO5peLmlrK1T15mCY2fAHKNEWlDI09nEPs).

    The Customer Service Plan is described as follows: "TAP Portugal's Customer Service Plan aims to address the key service elements of the new rules put forth by the U.S. Department of Transportation (DOT) that most affect our customers. This Plan applies with respect to TAP Portugal's scheduled flights to and from the United States, except where otherwise noted.". -- my booking being with destination SFO in the US, this would apply to my case.

    In section 4, it is noted that "TAP Portugal will allow a customer to cancel a ticket for a full refund without penalty within 24 hours after reservation, if the reservation is made one week or more before departure. This policy applies to refundable as well as non-refundable fares. To request a full refund on a ticket cancelled within 24 hours of reservation, please call our Call Center toll free +1 800 221 7370.". -- having made my booking on September 24th for October 12th (18 days lead time), and having notified TAP Portugal within 1 hour after booking, this would also apply to my case. Also, the use of a voucher is never mentioned in your document altogether.

    I also made this point to the airline via email communications and asked for a refund in the original form of payment.

    Using the DOT's complaint form

    In order to make my point clear, I also filed a complain with the US DOT's complaint form. The airline received it, acknowledged it, and made the point you can see below.

    The last answer from the airline...

    The airline told me that this would not apply to me as my tickets might have not been issued in the US. Obviously, it seems like a convenient backdoor for TAP not to comply with the DOT notice, and its own terms of services, and effectively deceive its customers. As I am currently employed in the US, residing in the US, was present in the US at the moment I made the booking with TAP Air Portugal with a US credit card, and cancelled with their US customer service in English in the following hour, there is no reason why TAP did not issue my tickets in the US, other than for not protecting me against its own terms of services, and avoiding a cash refund. In addition, TAP's website was in English end-to-end, and was the first result when searching "TAP Air Portugal booking" from the US version of Google in the US, with obviously no content in Italian whatsoever. In other words, there was no sign on your website suggesting I would not be on the ordinary US version of the website for US customers that would issue my tickets in the US.

    However, they argued that my ticket was paid for in EUR not USD, that should have been the first indication that your ticket was not being issued in the North American market. When searching the flight the results showed a fare in EUR not USD. Furthermore, if you go directly to TAP´s website you will see that you are allowed to choose whichever country you would like and the pages are offered in multiple languages.

    I feel stuck. Even though their Customer Service Plan explicitly states that it applies to me as I was flying to the US, they are using the line in their ticket that says that "For tickets issued in USA, Canada and Brazil no fee will be applied if ticket was issued at least 7 days before the flight departure.".

    I am considering filing a claim in small courts. But I would rather avoid it. Would love some help from this sub if possible!

    submitted by /u/victorbrauner
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    San Antonio, Texas Legal Advise (My pet “died” in a city ran facility)

    Posted: 02 Dec 2019 01:45 PM PST

    My pet (a male pug, had just turned three years old) was taken into custody by the city because he bit my neighbor (who was on my front porch). I showed the Animal Care Services officer his shot record (all shots, including rabies, are up to date AND he had never bit someone before). They said he had to do quarantine for ten days in their facility. Three days later I got a call saying he passed away but wasn't allowed to see his body. They said they didn't think I'd want to see him and they "decapitated him for a procedure". I am being charged $200 for his ashes, plus the fines, plus the time he spent in the facility.

    Story is a lot longer and a lot sketchier than this but I am desperate to find out what really happened to my puppy. Is there anything I can do legally?

    submitted by /u/anagraciano
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    My neighbour locked our basement and wont remove the lock.

    Posted: 02 Dec 2019 01:17 AM PST

    We are living in small apartment building and not every apartment has own basement. However we have one ( I have all legal documents to it, even ownership document). We are not in rent and we are owners of the apartment with the basement.For more than a year we had our basement open, without a lock on it, because we dont use it at all, it was just an empty room. However few weeks ago I randomly went down to check it and saw that there is a lock on it. After a little bit detective work I found out that our neighbour put it there. (He confess). I confront him, told him that it is OUR basement and I demanded to dismatle the lock. He appologized (he thought it is basement without owner) BUT he refused because he has valuable items there and dont have time and freespace to move them now. So I gave him time until end of the month (November). It is second of December and the lock is still there. What are my legal options? Location: SLOVAKIA

    submitted by /u/popolvar
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    Proof of Life?

    Posted: 02 Dec 2019 11:17 AM PST

    I'm actually unsure about the flair; if I've guessed wrong, someone please correct me.

    My problem is as follows: my sister has a thoroughly fraudulent power of attorney for my father (87, with late stage dementia). She's hiding him in either North Carolina or Georgia. Is there a way I can force her to produce proof of life?

    I'm putting it that way because it honestly wouldn't surprise me to learn he is dead and buried in one of her friend's back yards, because that manner of fraud isn't beyond her.

    Thanks. I appreciate any advice offered, even if it's that I have no options.

    submitted by /u/featherfeets
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    Hospital mixed up records severely

    Posted: 02 Dec 2019 10:09 AM PST

    Location: FL, USA I have a similar name and exact same birth date as a girl who lives within the same general area as me. Ex: I am Jane Good and she is Jane Goo born on the exact same day

    When I was little, I was given shots I didn't need because they were looking at her record, not mine. We never perused that, but it made us aware of the problem. Years later, I was on Medicaid and received a letter stating it was being cancelled because I signed up for BlueCross BlueShield, though I had not. It was Jane Goo.

    So being aware of this situation, I'm vigilant. I recently had to go to the hospital. Sadly, the day before my insurance, Cigna, was set to kick in. This hospital bill was going to be all mine, no insurance, despite calling and begging.

    Upon arrival at the hospital I made them aware of this other person with similar info and said "please make sure you pull up the right chart. Verify my social for me so I know you did" they did.

    I exit the hospital, and I tried to stop at the check out desk. She said "why bother, you don't have insurance anyway, you can just go." I said "are you sure? I can give you the card in case they change their mind". She scanned it but didn't enter any info and told me I'm good. So I go.

    Fast forward a month. Still no bill. I call billing they say they have one but it was being sent to "123 Main Street" in the town Jane Goo lives in (I googled her, it's her exact address). I correct the address and ask "are you sure it's me?" Yes, they say. And send me the bill.

    The bill arrives. I owe 232 out of over five grand which isn't possible. It says "third party insurance" took care of most of it. I confirm with my company that they did not in fact cover this. They did not.

    I call billing again. I ask what insurance covered this because I KNOW it's not mine. I tell them again about Jane Goo. They insist that's not possible. Well, lo and behold.... BlueCross BlueShield covered it. I have Cigna.

    The rest of the phone call consists of a panicked billing department, not sure what to do. I insist I don't want this to negatively affect me or my credit, etc.

    I also ask "isn't this a violation of HIPAA?" The operator says "uhh no comment"

    "Well, she now has access to what I had done at the hospital and therefore personal information. That has to be HIPAA" still no comment

    What if I went to the ER and couldn't verify my info? Would they give me medical care based on her chart? Isn't that dangerous?

    The operator on the phone also said "oh wow I've never seen anything like this before, you're completely intertwined"

    I feel like I need to lawyer up to protect myself for many reasons. Financially, in case they decide I didn't pay what I should and send it to my credit. Medically, because this is dangerous and needs to be fixed properly and permanently. And also I'm now going to have to take calls from this hospital during my work hours, which is forcing me to sacrifice my productivity and work more at home. (I'm a teacher)

    Any advice? Should I get a lawyer?

    submitted by /u/paigenotcasey
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    Landlord Wants us to Leave Temporarily..

    Posted: 02 Dec 2019 07:26 AM PST

    My girlfriend and I are in our mid 20s and we rent an apartment in town. Our unit is 1 of 4 in a building. Our landlord is pretty new to being a landlord and she is not very privy to tenant rights. We've researched enough of the tenant rights for NH to be able to push back on some things she has tried to pull but now we find ourselves in the following situation:

    My landlord wants to do renovations in our apartment. We didnt have a problem with this as long as we didnt have to relocate. She agreed verbally that we could continue living there while the renovations happened. Recently however, she casually said that we will need to find somewhere to live during the renovations she plans on doing this winter. We have 2 cats and she said we could keep them locked in the upstairs bedrooms. My girlfriend and I dont have any options available to relocate. We have no friends or family that have room for us. Can she legally kick us out in the middle of winter to do renovations so she can raise our rent? I assume we aren't going to be charged rent but what about our utilities? If its winter we cant just shut our heat off. If they need to do work won't they be using our electricity? Do we have to be reimbursed for where we stay while renovations take place?

    This has been a mountain of stress since she told us we will need to leave temporarily. Legally how can we navigate this because it seems messed up to be told we need to leave in the middle of winter for an unknown amount of time.

    This is all the info she has given us(not very much). We rent in NH. Thank you for reading.

    submitted by /u/Papagoatzi
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    Step daughter wants to move in with us.

    Posted: 02 Dec 2019 08:22 PM PST

    My boyfriend has a 15 year old step daughter who he has raised since she was 2. He is dad for all intents and purposes and has 'Access' in the custody/court order. Her biological father is not in the picture for safety reasons. Boyfriend also pays support towards her and so does bio dad.

    She wants to move in with us but her mom is not allowing her, as well as telling us that as she is her only legal guardian that she will not allow it.

    At what age can step daughter choose to leave home and live with us? What are the steps to do to have this happen?

    We are in BC Canada

    Thank you

    submitted by /u/KatagatCunt
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    I suspect the Temp agency I work with is docking worker's pay, charging us the normal rate, and keeping the difference. (US)

    Posted: 02 Dec 2019 11:30 AM PST

    I work for a company in Texas (US) that uses a lot of temp labor for entry level positions. We use some temps all year long, and then around Christmas time especially we get very busy.

    Over the years, we have worked with a single local temp agency to find candidates for us. We give them the hours by employee, they handle all the paychecks for the temps. They bill us for their percentage based on the checks they cut.Some of the candidates stay on long term as temps, some get hired, most move on to other things after a while.

    Because we need a lot of labor for a short amount of time (5-10 days for our Holiday Rush period), we offer a very high rate for the job being asked to try to attract candidates for that short period above the normal rate.

    This year, we found we are having a very hard time keeping the temps in position. We have had a lot of no shows and people leaving and not coming back.

    I have learned from talking to a few of the temps that they were told (by the temp agency) that if they are late one time, their pay will be docked for the remainder of their entire contract. The docked pay is about 35% of what we are offering, and well below the going rate for the position (though I believe it is technically still above minimum wage barely). These candidates did the math and decided to quit the gig because making such a low rate for the rest of the time didn't make sense. They could do much better doing just about anything else.

    The temp agency has never disclosed this policy in the past. We have only ever paid them their percentage based on the rate we agreed upon. We send them the names and hours each week, and get billed accordingly. If they have ever docked anyone's pay, they have never notified us or told us that is the policy. We've had many conversations this month about having trouble keeping labor, and this policy has never been brought up by the Temp Agency.

    I have not confronted the Temp Agency about the policy yet, I'm trying to get a copy of the work contract myself first.

    My thoughts right now are:

    Best case scenario, they have an old policy they do not enforce in their contracts that is confusing candidates and possibly driving them away.

    Worst case scenario, they are docking pay on the back end, charging us the full amount, and keeping the difference. When a worker complains, they point to the contract and say "You agreed to this" and the worker gets short paid, and never comes back. We never hear from them because they never come back and don't bother to say anything about it.

    We are a pretty small company. We have 1 other person who handles HR stuff and I really have no idea how to proceed with this or how to resolve the issue. I'd really like any advice at all! Thank you!

    EDIT: Added location, Texas

    submitted by /u/ThrowAwaySink913
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    I'm a gay woman seeking Asylum in the US

    Posted: 02 Dec 2019 09:23 PM PST

    This is a throwaway because my main account is followed by family members who don't know I'm gay.

    I arrived in the USA August on a tourist visa. Currently in Texas.

    I got into contact with an organization that aids LGBT asylum seekers but they haven't been able to help me find a lawyer yet. Meanwhile my visa will expire at the end of this month and I've gotten conflicting information about my status by then. I haven't been back to my home country in 3 years ever since my dad found out I was a lesbian and told me I couldn't ever come back. (I'm originally from Nigeria). I was in another third world country for a few years studying before coming to the US.

    It's either, I'll be valid until my 1-94 expires despite my visa expiration (1-94 expires in February) or I'll be out of status once my Visa expires. It depends on who I speak to.

    Either way, I haven't been able to get a lawyer to help me file and I'm seriously considering just doing it on my own with whatever information I can get before I'm able to get a lawyer. Would it be possible to do this and not fuck myself over legally? I'm so tired from all of this and I haven't made any progress so far in filing. Any information would be very helpful.

    submitted by /u/legalasyleehelp
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    Wife's 88 year old grandfather hit by a car & my in-laws are doing almost nothing about it

    Posted: 02 Dec 2019 02:56 PM PST

    First time poster here, looking for some advice/options on the following situation:

    On Friday, November 22nd, my wife's 88 year old grandfather was riding his three wheeled bicycle around in his age-restricted community in Florida when a woman, late for work, backed out of her home too quickly and hit him. He was thrown from the bike, sustaining injuries. A neighbor saw the incident, and helped him up, and back to his home, where he lives with my in-laws. Neither the police, nor an ambulance, were called. After the injuries did not seem to be getting any better, my in laws made an appointment for him to see his normal doctor on Monday. His doctor sent him to the ER upon seeing his injuries, although I don't know that my-laws were forthcoming about what exactly had happened. He stayed in the hospital for the next three nights, during which his heart specialist recommended that hospice care begin.

    I've got several concerns and questions. Firstly, right now his insurance is covering all of the expenses. We are told that "he has great insurance" by my in-laws, but I'm thinking that is irrelevant because his medical expenses should really be covered by the woman who hit him's insurance company. Second, being 88 years old, and having congestive heart failure, he was already not in the best condition, but this incident has changed a lot of things. He went from feeling well enough to ride a bike around, to now being basically bed-ridden, incontinent, not wanting to eat, having hospice come three times a week, and having a home aid nurse come once a week.

    To give you some quick background, I do not trust my in-laws to do the right thing, only to do what is best or easiest for them. My wife and I, along with my wife's aunt (grandfather's other daughter) have suggested that they speak with an attorney. My in-laws have expressed that they're not interested in doing that because all of the paperwork, research, etc, would fall on them. They also haven't contacted the police, because the woman is a neighbor, it was an accident, it was on private property, etc. Not sure if relevant, but my mother in law has power of attorney over her father.

    My wife and I, and her aunt, live in the midwest, 1000+ miles away. I feel like something more should be done, and that those that should be advocating for her grandfather are not, but I'm not sure what we are able to do. Any help would be greatly appreciated.

    submitted by /u/Nolimitsolja
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    Lady crashes into car door, signs affidavit admitting her guilt but her insurance refuses to pay for repairs.

    Posted: 02 Dec 2019 07:19 AM PST

    So a little bit of background:

    My girlfriend (GF) had recently gotten a new car. It's a small little city car but she was in desperate need for one after her last car gave up (It was an old run-down rust bucket). Her car is a very important part of her livelihood for getting to work.A couple of months later she was diagnosed with squamous carcinoma leaving her unable to work due to the sheer amount of pain she experiences throughout the day. She's also still in a cast so she can't drive herself around in any case, her car is a manual.

    Recently her cousin's car had also broken down, we'll call her Cuz. So Cuz asked if it would be alright if she could borrow GF's car so she could get to work and back every day. GF tentatively agreed and she seemed to be taking really good care of GF's car, putting our worries to rest about lending out something as important as her car.

    That was until she received a call from Cuz telling her about an incident in a mall parking lot. According to Cuz she was disembarking when a lady (Lady) attempted to pull into the empty spot next to her and smacks right into the door. Lady was very apologetic and signed an affidavit admitting responsibility for the incident (we also have a police report with a case number for the incident). We got her insurance details and tried claim from her insurance to get it fixed up but a few days later the insurance company replied with an email that I'll type at the bottom of the post to keep the body a bit shorter.

    This is quoted verbatim and comes across as a bit off to me, even beyond the diction and grammar (I'm unsure if that even has anything to do with the current situation but it just stood out to me). Firstly, that the pronoun used is "He" when it was a woman involved in the incident. I imagine it would be her husband handling the insurance, but the email is phrased in a way in which he gave his account for an incident he wasn't present for. Is that normal?

    All in all we're at a bit of a loss on how to proceed. We can't afford a lawyer nor can we afford to pay the excess from our own insurer.

    Edit: We live in South Africa, I would imagine that's an important detail I left out.

    P.S. Won't include names of the insurance provider but here's the email, quoted vebatim:

    "Dear Madam,

    We refer to above matter and your claim against our client.

    From the information received, was our driver not the cause of this accident, thus are we confronted with conflicting statement.

    Our driver informed us that whilst he was entering the parking, next to your vehicle, was the door opened, which he then could not prevent.

    It remains a person's duty, who wishes to exit a vehicle, to make sure it is safe to open a door, before doing so.

    Our driver was in no way negligent and we will humbly suggest that you do claim from your own insurer, as we will not be accepting liability and is your claim rejected.

    Any actions taken against our client will be defended vigorously.

    We trust this to be in order.

    Yours Faithfully,"

    submitted by /u/Shokii--Z
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    [TX] Wife's work position was changed when returning from FMLA

    Posted: 02 Dec 2019 05:17 AM PST

    My wife was on FMLA for her pregnancy and returned to work today. (She has been at this company for 9 years.) Upon arriving at work today she was informed she was moved to another position and her old position has already been filled by another employee. Her old position was a monday through friday 0500-1600. Her new position will be the same amount of hours per week but will not be a set schedule.

    Is this considered a violation of FMLA and is it worth pursuing?

    submitted by /u/weepysplash
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    Asked about my views on homosexuality, pornographers, abortion, and other sensitive topics during a job interview.

    Posted: 02 Dec 2019 06:27 PM PST

    I'm 23 y/o and have worked at camps for the past few years. I wanted to try a new camp for the coming summer and applied to a Christian based one in Texas. I get an interview over face time and I assumed I may have to answer questions about religion, but nothing prepared me for what was to come. The interviewer asked if I thought a topic was wrong or right as he brought up abortion, homosexuality, alcohol consumption, pornography, tattoos, and a few others. At the end of the interview he picked apart my thoughts on homosexuality (I said it was okay and nothing wrong with it) and argued against with scripture and talked about conversion therapy . Afterwards I knew I didn't want the job or to be apart/ associated with an employer. I thought harder and realized that those questions weren't professional and maybe borderline illegals. Should I talk to EOCC or a lawyer about any steps I can take to assure this camp stops the inappropriate questions during the interview?

    submitted by /u/weeth214
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    Is it legal to hold on issuing a death certificate for over a month in GA?

    Posted: 02 Dec 2019 01:32 PM PST

    A relative passed around a month ago. I found today while attempting to obtain the death certificate that the funeral home had not issued a death certificate as of this date.

    From what I've read i was under the impression that a death certificate had to be issued within 72 hours of a death in our state, though i am not a lawyer so i could be misreading.

    Are funeral homes allowed to hold off on death certificates until a time of their choosing, legally speaking?

    Edit for additional info: No suspicion of foul play, just a death of old age/hard living in a hospital facility.

    submitted by /u/PoliteResearcher
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