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    Friday, February 7, 2020

    Legal Advice - Was summoned for Jury Duty in a state that I no longer live in and they won't approve my exclusion requests.

    Legal Advice - Was summoned for Jury Duty in a state that I no longer live in and they won't approve my exclusion requests.


    Was summoned for Jury Duty in a state that I no longer live in and they won't approve my exclusion requests.

    Posted: 07 Feb 2020 10:16 AM PST

    If this is a repost, I apologize, but I could use help.

    Mainly my issue is in the title, but some more info: I'm pretty sure I was summoned because my Driver's License is still issued (MO), but I live in VA now. I've given proof of address in the form of utility bills, but they still won't let me excuse myself from the trial. I don't have the means to get back to MO before the jurors are decided, but I also don't want to be held in contempt of court.

    Anything would be helpful, thanks!

    Update: I found a line on my summons saying they would pay 7 cents per mile, so I sent an email saying I'd expect $146 if I ended up needing to go. It was quickly postponed.

    submitted by /u/Atecho
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    Courier vehicle drove into my house while delivering package, doesn't want to pay full cost to repair damages

    Posted: 07 Feb 2020 03:02 AM PST

    In late 2019, I returned home in the evening and immediately noticed significant damage to the gutter, fascia, soffit and shingles where the roof overhangs the attached garage of my house.

    There was a note stuck to the door with a phone number, when I called the next day I learned that a courier vehicle had backed up too far and crashed into the house while delivering a package. They immediately admitted fault and asked me to get a couple quotes to repair the damage. The next day I also heard from a neighbor who witnessed the truck back into the house.

    With it being peak Christmas season I could not find a contractor to come out to quote or repair the damage, the gutter was now dumping water right into the middle of my driveway and I was concerned about ice and water damage from the smashed shingles so I spent roughly two hours and $100 doing a temporary repair myself.

    I've had two local contractors come to the house and quote the repair, both came in around the same price. I sent these to the contact at the courier who then asked for a more detailed breakdown of the costs which both contractors complied with.

    The courier company has come back and offered to cover roughly 75 percent of the cost of the repairs citing "depreciation" of the existing material.

    Now I'm ticked off, they have wasted countless hours of my time dealing with this and there was nothing wrong with my house before their truck drove into it so I don't feel I should be out of pocket anything after this incident.

    Is it worth just settling with their lowball offer or do I have any good arguments for them to cover the full cost of repair, plus cover the material from my initial repair?

    Funniest part of all this: the package being delivered was an outdoor security camera I had ordered to be able to monitor my driveway and would have witnessed the entire incident.

    submitted by /u/a89aries
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    I was groomed by my sister boyfriend starting at the age of 12 (F) He was 26 (M)

    Posted: 07 Feb 2020 09:54 AM PST

    Hello, I wasn't sure where to go to find help so here I am hopefully I can get good advice.

    I'm F (17) , my sister is F (28) and her ex is M(30). My sister was in a long term relationship with lets call him (Bill), they have two daughters, a 4 year old and a 3 year old. My sister started dating bill when she was 23, and I was 11. She became pregnant the following year and had their first kiddo. He started being extremely nice towards me when I turned 12.

    Story about the grooming.

    The first night he started giving extra attention was when he told my sister we should take your little sister out to the movies, we didn't have a dad growing, our dad lived on the other side of the country so it was hard to see him growing up. I think this is the reason I had a hard time understanding all of this.

    My sister agreed, she was actually happy because at the time it seemed like a nice gesture. We went to the movies and had dinner, the night really was all about me and I felt great! We came back home and my sister asked my mom for me to sleep over because it was a bit too late.

    My sister went to her room and started getting ready for bed and I was in the kitchen and that's when Bill started hugging me and being extremely lovable and even tried to kiss me. I kinda was left in shocked and I didn't know how to act, I didn't want to tell my sister because I really loved my sister, she pretty much raised me and always looked out for me, I was only 12 as well.

    I started building a relationship with him and I started believing he actually loved me, writing all of this feels weird now, I feel extremely stupid. Things started to get more physical when he had a chance alone with me he would touch me sexually. I'm very close to my sisters and always have been and I was always over at their home even before she me him. One night while sleeping over at my sister I was sleeping and he came and started putting his fingers inside of me, I froze and couldn't say anything. When I was 13 my sister was pregnant with their second child and this is where problems started happening with him and her.

    He started treating her bad and was kinda mean to her all the time, she thought there was a woman and his life and started growing suspicious. There was a gaming room in the house, where all the computers were. My sister was a gamer and he was too. My sister, him and my other sister husband use to play games together but after my sister became pregnant she kinda stopped. I would spend a lot of time in that room with bill and my other sister husband. My other sister husband even told me one time, to get out because the room was for grown man and not little teens.

    My sister heard that and talk to me about it, she said he was right the way he said it wasn't right but he was right. she said that it was a bit odd for me to be in a room full of grown man, she also said to stay away from James because I was around him a lot lately. I got mad and told her she was gross because I knew what she was thinking and then James join the conversations and my other sister as well, we all told her she was gross and crazy to be thinking like that, James started arguing with her because of what she said about staying away. My sister apologize to me and conversation was dropped and never mentioned.

    One night, both my sisters decided to go out with friends my sister begged bill to come but he didn't want to and wanted to play video games. My mom came to help baby sit the girls and brought me with her. The girls went to bed early, my mom asked me to go to bed and I pretended I did. I waited for her to fall asleep and went to the gaming room, he was drinking alcohol and offer to make me a drink, I was only 14 at the time. I became extremely drunk and I remember him dry humping me and I couldn't do anything and he had sex with me. He helped me get clean and then my sister came home at 2AM, there was a big fight between them that night I'm not sure what happened. My mom was extremely furious with me and I wad grounded for a while, no one thought anything happened and I didn't say anything either.

    When I realize something was wrong with everything Bill has done.

    My sister decided to separate from him, he was becoming abusive and their relationship was toxic, I know because he always talked bad about my sister and she was actually super nice and outgoing prior to all of this.

    My sister became extremely depressed and decided to move to WA, he went with her and that chapter of my life was over. While she was in WA there was a lot of domestic dispute and fights between them, one time he choked her and she called the cops but not charges were pressed because he lied and the cops thought it was just a domestic dispute, he broke my sister nose in 2017 and my sister stayed quiet about it. I came to see my sister the summer of 2018 and he was around and one of those days he was telling me how pretty and grown I looked. By this time by sister was involved with her current husband. He was extremely nice, I started having problems with him because he said I was too nosy, always around and will tell my sister to ask me to give them some privacy, which made me angry and upset. I now I understand why he said those things, I was trying to get his attention for some reason and he wasn't giving me any and that's when I realize something was very wrong with me.

    I told me best friend about Bill and my best friend told our counselor at school, cops came after and then my parents were involved. My mom called my sister and told her everything, my sister became extremely sad and angry at herself. My other sister had to fly down to help her get through all of this. My sister stopped all communication with him and cut him out of their lives. She got a lawyer for child custody and is battling the custody of the girls right now. The cops told my sister she couldn't say anything to him until they talk to him, mind you I live in FL and she lives in WA, it will take some month for that to happen. She stayed quiet and didn't tell him anything and he was furious because he thought she was like that because of her current relationship.

    Legal Advice

    Cops told me they will make sure he goes to jail but it will take some time because he is in WA, a year has passed since I came out with the truth, every time I call or ask where we are with this, the cops always tell they are busy and I feel like I'm not being helped. I'm seeing a therapist they assigned to me but he is still out there walking around saying he has done nothing wrong. He already has been interview and obviously lied about everything. He has come to my sister home and tried to fight with her about seeing the girls and that I'm a liar and he hopes I get rape for real, my sister has this all recorded in her ring. He saying he is the victim in all of this and that we have abuse him emotionally etc. What can I do to be heard, what other legal options I have besides the cops here?

    I know this is long, but is you read the whole thing please help me, I'm in dark place because I know all of this happened and now I know all of it was bad and I don't know how to make the world see I'm not lying and he did do all of those things to me. My sister has left voicemails to the cops, text and emails and hasn't gotten any respond.

    submitted by /u/adviceformysorryass
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    [TX] School has been punishing special needs son with no notification to parent

    Posted: 07 Feb 2020 09:18 AM PST

    My son has autism. He has an IEP in place and has since about 2nd grade. He is in 5th grade now.

    I went to the school's website to notify about an absence and saw 5 absences listed for in school suspension. I communicate with the school regularly about his issues. They always call when he has a melt down. I have never been notified about ISS.

    I don't want to get into a rant here but it has been a battle with the school this year. I strongly suspect the principal is trying to bully my son into a special needs school and is sabotaging him on purpose. She even dragged him through the hallways (on camera) when he was on his knees once. She told him she watches him on the cameras which is why she always seems to show up during an episode.

    After a quick google it looks like the ISS is illegal and, more importantly, something I can prove [Texas Compilation of School Discipline Laws and Regulations... 37.001(a)(4)(D), 37.001(b-1)]. The school always seem to wiggle out of stuff like this and leave me feeling dumb, though.

    Is this illegal? Can I do anything?

    submitted by /u/Bunbuncrazypants
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    What would it take to get a restraining order against my dad’s “girlfriend” ? (san jose, CA)

    Posted: 07 Feb 2020 06:32 AM PST

    My father religiously married a blood sucking money leaching black mailing leech about a year and a half ago. He had a debilitating stroke about 40 days ago. I have an attorney who is a bit busy so I cant ask too much from her right now but we are working on getting my father conserved in about 2 weeks.

    This woman is a psycho and once she learned her marriage is not valid per california or us federal law she threw a fit and spread rumors about me throughout the family. She threatened if I dont let her conserve my father she will leave. Prior to the stroke she stressed the hell out of my father by making him do stupid chores like picking /dropping her off from work, remodeling her closets by hand, general stupid things.

    In november they fought and he told her to get out. She blamed the "marriage" on me. In December my father missed my birthday and called the next day saying he is sorry she stressed him out beyond belief. 4 days later he had the stroke and now is mentally almost 0.

    Good news: dad is improving. The doc says he will walk before he can think. He will probably be home in 30 days or so.- but that leech is still living in our house. My father is incredibly sensitive to stress at this point and she is a risk to his health.

    A brief conversation with my attorney she said because this woman has been on the property for over a year she has about 60 days for eviction plus 30 for notice plus the few days left till I become conservator. She mentioned the possibility of a restraining order which is followed by move-out orders.

    My father is coming back faster than we could ever try to evict. What do I need to prove to file restraining orders against my father

    submitted by /u/atlantaoonana
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    My dad passed away suddenly and now extended family are ransacking the house and taking everything Part 2 (CA)

    Posted: 07 Feb 2020 10:36 AM PST

    Part 1: https://www.reddit.com/r/legaladvice/comments/eyil45/my_dad_passed_away_suddenly_and_now_extended/?utm_source=share&utm_medium=ios_app&utm_name=iossmf

    Hello again everyone,

    Tuesday night I finally got to the house. The locks were changed - without my permission - and I had to break into my own damn house. I walked into the home and immediately realized my Dad did not pass away peacefully. There was blood everywhere, and even though they 'cleaned,' it was still everywhere - including the stain where my Dad was found.

    I knew right off the bat I couldn't stay there because of the combination of not knowing the intentions of my Uncle, not knowing what took my Dad so suddenly and the the fact the home was basically something out of a horror movie. I did take photos of everything and paid a second time to have all the locks changed - every lock with a different key.

    Wednesday I met with the funeral director - who has been a godsend through all this. We went through the arrangements, I set up a private autopsy WITH toxicology and cremation like my Dad wanted. I had originally promised to wait and make arrangements with the family, but after I found out how they spent the time after my Dad died, that decision changed.

    My Uncle had been calling the mortuary multiple times that day, nervously wondering if i was there, so at the end of the meeting the funeral director called my Uncle with us in the room. He notified him I had been there and had made arrangements, and in turn my Uncle decided to open his mouth and dump every detail about everything on this poor guy. The worst part was, my Uncle asked him, "was she alone" and "do you know where she's staying." How. Unsettling. Is that?!

    On our way home we stopped by the rental properties to notify the tenants and OF COURSE my Uncle had been there the night before. Thankfully the front house pays digitally, but the back house he took a money order under HIS name for the entire amount. He told them he's in charge for 6 months (where did that number come from) and that I will be managing the properties after. They were so worried about what was going to happen after the 6 months, how were they going to know the money he gave him was going towards their rent/were they protected. I reassured them they aren't going anywhere and that I know both homes paid rent. Even if I don't see that money, it's not on them.

    Yesterday I got a call from the funeral director letting me know that the life insurance policy was changed RECENTLY to go to my Uncle and that I couldn't use it on the arrangements. Even though we don't know how recently, it was worrisome enough to the agent that in her eyes it was enough to flag all the accounts. I was shocked, but not surprised.

    A meeting was requested between my Uncle/his wife and myself, and I absolutely agreed as long as the funeral director was there to bear witness to the conversation. Of course they tried to steamroll me into letting them do what they wanted, but I respectfully didn't let them. I did allow them to do whatever else they want at the service - prayers, dress, invite whoever, etc. I said I was more that happen to accommodate for their wishes EXCEPT burial. I reminded them I could've come in, not agreed to the meeting, completely taken over and been a hardass about the whole thing since I have the power, but I'm not. I could tell they weren't happy, but that was that.

    After that meeting, I met with my probate attorney for the first time. I seriously couldn't have found a better attorney. This guy is going to absolutely tear the extended family a new one in the most professional and aggressive way possible. He let me know not to worry, waived any and all fees and will recoup them at the end of the process, will be contacting my Uncle Monday after the service to keep the peace for now and I left that office feeling 100% better - except not knowing where to keep my Dad's cat for the time being ☹️

    I came back to where I'm staying and I just let it all out. Last night I was finally able to grieve and it really felt good to have the opportunity to let it all out. The last 6 days have been just a mess, and I'm so disappointed I haven't had the chance to all week for my dad's sake.

    So here's the current state of things:

    • On my Grandmother's trust - that was 100% left to my Dad - my Uncle was named Executor/Administrator. He only has the right to manage the physical real estate itself and will have to transfer everything to my dad's estate.

    • He's now aware 100% of everything goes to me. Not sure if he talked to an attorney, but that was a significant tone change from Monday.

    • My Uncle is in possession of ALL of my Dad's things - car keys, documents, cell phone, tablet, personal effects, wallet. He has no right to those things.

    • I will now be paying for the entire funeral out of pocket instead of with life insurance (fucking great!)

    • I should be appointed administrator of my Dad's estate by March 6th.

    • I'll be hiring an 'aftermath' clean up crew this weekend to tear up carpet/clean up any biohazard's in the house.

    This whole situation is beyond disgusting at this point. Here's what I'm wondering from you guys:

    • Should I file a more in depth report with the police in regards to items taken, etc?

    • Should I keep trash/stains/blood in the home there until the coroner has signed him off?

    • If you were in my shoes would you stay in town until the administrator appointment is done?

    I'm just so overwhelmed right now I feel like I'm missing something I should be doing.

    Thank you again for all your comments on my last post. I didn't expect it to blow up as much as it did, and it really helped me prepare for what I had to face the last few days.

    submitted by /u/mysteriousseal
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    Can I legally prevent a dumpster from being placed in my driveway during a festival?

    Posted: 07 Feb 2020 10:57 AM PST

    My township holds a festival annually, and the street I live on is where all the food vendors are. Everyone has on the street parking, aside from me. I own the only house on this street with a driveway. Due to this, the festival committee/township usually asks us a month before the festival if we would allow them to place a giant dumpster in our driveway. It's a convenient location for the vendors to throw away their trash, and we've been compliant in the past.. but last year was different.

    They never formally asked us if we would allow the trash to be placed, and frankly, I was pissed. I did NOT want that trash in my driveway, and I was going to tell them that. We blocked off our driveway with chairs and our personal trash cans but that didn't stop em'. They just moved all of it to the side, and placed the dumpster there anyway. I even caught some of the vendors using our electrical outlets without permission! After the festival was over it took 3 days for them to remove the dumpster, and there were multiple pounds of trash and recycling left behind, forcing us to pick up after them.

    I want to try something different this year. I want to send them a formal email disallowing the use of our property for their trash from here on out. We are the homeowners, and the driveway is within our property line. My main question is do I have the legal grounds to do this? I technically live in a "village", so is there any way my township could overrule me? Is there anything specific I need to do to validate myself in this situation?

    EDIT: I am located in Pennsylvania.

    submitted by /u/ANALYSTNERVE
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    My basement drains in my neighbor's back yard, and he has glued a cap on it.

    Posted: 07 Feb 2020 05:20 PM PST

    Sorry for the long story, but I don't know how to tl;dr this and have it still make sense.

    I have a historic house, built in the 1830's in the small town of Westerlo NY. My house has a band-aid stone foundation, and as such it has water seep in from rainfall and melting snow. There is a pipe that drains the water from my basement. It goes out the front of my house, crosses a state highway, runs through my neighbors property, and drains into a creek on the backside of his house. Our houses are face to face, about 100' between them, and again the pipe goes from front of my house to back of his.

    My previous neighbor had said the drain line smells. So I flush it out if water seems to slow down, and do the best I could to keep that from happening. Code enforcement told me that that is legally/reslistically all I could do.

    Fast forward, new guy moves in, and caps the pipe. He claimed that he didn't know what it was for, and that it smelled bad, so he just decided to cap a drain line with running water and hope for the best. I only found out when I found close to 6 inches of water in the basement.

    The first time this happened about a month ago, I took the cap off because the water was getting high enough to threaten my water heater and boiler. When I talked to the neighbor later the conversation ended by both of us agreeing to research "mutually agreeable alternatives."

    So today my fiance calls and tells me the basement is flooding again and that there is another cap on it. After back and forth between town, city, code enforcement, and with the sherriffs office, (someone), ended up cutting the cap off so the basement could drain. On our final visit from the sherriffs office, I was told that we are trespassed from going over there and removing any cap or doing anything with the pipe, that the neighbor has had the Department of Environmental Control out there, who conveniently says that it tested positive for E-coli, and that I have to sit back and figure something else out while I watch my basement flood.

    Really cool and cooperative guy to not even talk to me about it by the way. And if I were to believe it it's also pretty sweet that the states Dept. Of Environmental control found E-coli and didn't tell me anything about it. Thanks guys.

    I have spoken with the town, the city, the highway authority, and code enforcement, and every one of those agencies says one of the others is responsible, there is nothing they can do, and that this is a civil matter. I work construction, and have spoken to many coworkers and contractors about possible alternatives to fixing this problem. However, it is winter, there is ice and snow on the ground, and the edge of the creek where the pipe drains is low and steep enough that noone will go near it right now.

    I'm in no way negating the severity of potentially having E-coli contamination, but I also have trouble believing it. There is nothing but clean rainwater draining through the pipe., I make sure of it. If that is in fact true, then something absolutely needs to be done about it. The other end is in my effing basement.

    Questions:

    1. What right does this guy have to block a drain line that has been there since before either of us moved in?

    2. What responsibility do I realistically have in moving the pipe, even though it crosses under a state highway and someone else's back yard?

    3. Where the hell do I even start if I need to take this to court? I work construction, I'm told I'm good at it but that doesn't mean I'm smart enough to take the place of a lawyer. To my understanding if you want to sue someone it has to be for a dollar amount, not for the right to let my pipe drain. So theoretically, he could cap it and damage my house all he wants if he pays to fix it, which in itself is madness that doesn't make sense to me either.

    4. Wtf am I supposed to do now? I've reached out to the DEC to try and get a copy of the water test, but now it's late on a Friday and they don't open until Monday. I don't know what else to do beyond that, not even where to start.

    5. If I do need to go to court, and I do need to get a lawyer, can I sue for my lawyers fees? Im a single income family of 7, and I just moved my mother up from Florida out of a bad situation, so I very simply can't see how I'm going to bend myself even further to pull that off. But I have to figure out a way to do it now I guess.

    6. Does anyone have an aspirin to help with this massive headache after banging my head against the wall from all this madness?

    If you've read this much, thank you. I do think part of me really needed to just vent at this point, but any guidance, information, or advice would be greatly appreciated.

    submitted by /u/Emkayzee
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    I'm a teenager & I think my mom is making me sick on purpose. What can I do? (TN)

    Posted: 07 Feb 2020 12:16 PM PST

    First off this isn't some gypsy rose thing where I'm in a wheelchair or have cancer or whatever, my family is well off and there's no financial gain for my mom as far as I know. Oh and this is a throwaway because I'm not stupid.

    Some facts:

    • I'm 14, turning 15 in April.
    • I'm the youngest in my family by quite a bit. I have an adult half sister my mom had when she was a teenager and I only met like once or something and I had a sister who died when she was a teenager when I was a baby. She was also sick her whole life but I think she was actually sick.
    • my mom is pretty much the boss of the house. My dad is clueless about literally everything and just does whatever she wants. My mom is super controlling and dictates everything in our life. She still buys all my clothes, makes up my plate, keeps my phone in her room at night, gives me all my medicines blah blah (I'm at school writing this on my school computer so she won't find out)
    • my mom told me that I was sick when I was like 5 or so but I'm pretty sure I started getting medicine and stuff earlier.
    • she told me that I have genetic breathing problems and digestive problems and that I needed medicines for both, I have a nebulizer and I take pills. She told me I had to eat a specific diet and take the medicine every day so I dont get sick. The only times I remember getting really sick were at a birthday party, she gave me my medicine and said I could eat whatever I wanted but I got sick and had to go to the hospital, but I got better in the hospital, and last year I got pneumonia and she treated it at home and I got so so so sick I almost died but then I got better in the hospital.
    • I do have trouble breathing a lot and feel sick a lot but now I have a reason to believe that she's making me sick.

    So over winter break my family and my best friends family went on a ski trip together and last minute my friends family decided to stay an extra few days but my parents had to go back because my dad had to work. My friends family invited me to stay and after begging and stuff my mom finally gave in and my friend's mom promised to keep my diet and give me all my meds but she's way more laid back than my mom and she would just give me the meds and we were unsupervised a lot. My friend wanted to see what happened if I didn't take my meds and so I didn't and I was fine. Actually I felt better than normal. I ate whatever and never even got a stomach ache and that was when I first started thinking that something was weird.

    As soon as I came home and went back to normal living with my mom I started getting sick again. Actually I was so sick for the first two weeks I couldn't eat anything and I missed almost the first month back and then when I came back I told my friend and she was jokingly like oh my God what if your mom is gypsy roseing you and I laughed but......

    I want to know what I should do legally. Can I call the cops on her or cps? Should I talk to a counselor or teacher and let them report it? Sorry if this is the wrong place but since it has to do with something illegal I thought this was best.

    submitted by /u/throwaway82651246
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    My lawyer of over two years has recused herself after several hearing and mediations because of a quick meeting she had with my ex prior to my original divorce.

    Posted: 07 Feb 2020 02:02 PM PST

    Extremely frustrated. Due to poor record keeping my lawyers office of over two years has just now found that prior to my first custody hearing several years prior my attorney had a meeting with my ex-wife when she was meeting with different attorneys. When my lawyers office discovered this last week they said this was now a conflict of interest and they were obligated to inform my exes lawyer and allow THEM to decide if they would let my lawyer stay on the case. My ex who had no reasonable objection to my having this specific lawyer prior to this during the several other hearings we have had decided that yes this was now a detrimental conflict that would make the case unfair, only because she knew this would creat a massive hurdle for me three weeks before our next mediation. If you have to play this dirty it's because you know you've done something wrong.

    My lawyer has decided she has to recuse herself from the case and will allow me to keep the small amount of my retainer she has not burned through, which is not nearly enough to retain a new lawyer in time.

    Is there something I can do about this? I've been left in a lurch with no money and no lawyer right before an important mediation and I'm worried it's going to cost me my kids.

    Edit: I am located in Texas, USA

    submitted by /u/pennies-suck
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    Never Signed NDA/Non-compete

    Posted: 07 Feb 2020 05:41 AM PST

    This is in Wisconsin. I work for a small start-up company with a very disorganized manager/ceo. When hired I was told there was a non compete and NDA, and I was shown the contract but the copy I was shown had already been signed by a previous employee. So, I have never signed the contract and am leaving the company.

    I may get into the same industry another way, which would violate the non-compete. Can I safely do this or could there been some sort of implied agreement to the un-signed contract?

    submitted by /u/contractla
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    [TX] My employer is going to financial troubles, and they have not paid us for multiple pay periods. They haven't said that they are laying us off, but they have not provided any timetable on when they can resume paying us.

    Posted: 07 Feb 2020 02:41 AM PST

    Basically since the start of the new year, they had not paid us through the month of January, they did announce a temporary shutdown for a two week period through the latter half of January. They asked us if we could volunteer any hours so that we could get product out the door in the hope of being able to get cashflow.

    At the time that they announced a temporary shutdown, the company owner said that if employees wished to seek to file unemployment, that they would understand. Once again, they didn't exactly say that they were laying off anybody.

    I have volunteered and been working there part-time. Since we're now reached a third pay period (bi-weekly) in which we've no paycheck, I feel like I must apply for unemployment.

    On the application form, for Texas, it asks when was the last date of employment. Is that something I can backtrack to the period of time in which I haven't been paid, or should I simply place today's date? Last paycheck arrived on December 30th (that was meant to be given to me on December 26th).

    Does this qualify as a layoff? In the application, I have to provide a reasoning, what would be the adequate explanation? Any tips or suggestions are greatly appreciated. Thank you.

    submitted by /u/donsanedrin
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    [US-Kansas] City utility overcharged entire town and requires an "application" to get refunded

    Posted: 07 Feb 2020 10:37 AM PST

    My City has it's own electrical utility. They have the ability to generate their own power, but normally purchase it from larger providers (who we'll call BigPowerCo here) and then resell it to consumers (cheaper for us that way). The fluctuating cost of that power is billed to us as a "fuel cost adjustment" every month.

    During an audit ran by BigPowerCo, it was discovered that they had overcharged the City about $232,000 over 8 months and were refunding the amounts. The City is refunding that back to the customers.

    Here's my rub - in order to get the overcharged amount refunded to your bill, you have until June 1st to apply for it and then they gave themselves until the end of 2020 to actually provide that refund (as a credit to the bill). They aren't automatically refunding everyone. It was decided that any amounts left in the "refund pool" would be donated somewhere (yet to be determined, non-profit most likely). I have no problem doing the form, but I'm concerned about other people in town. I only found out about this because I get the Council agenda's in my email. People with no internet access and don't get the newspaper (they reported this on page 5...) may not even be aware of the situation, much less that they are owed money. I'm thinking our more elderly population who may not understand what's going on.

    I do understand that this gets a little more complicated when the utility customer moves or dies or for multiple meters for apartments for example.

    This raises a few questions:

    1. Can the City condition a refund of an overcharge on making an application for it?
    2. Would it be considered theft for the City to retain any of those funds?
    3. Should the City move any "unclaimed" assets to the State Unclaimed Property office?
    4. Per the City Ordinance provided below, would this fall under the provision to deduct amounts from the bill and likewise make this a required adjustment, not one conditioned on an application?

    I've added pertinent documentation below for more context. I know anything you all have is general advice but anywhere to start looking is welcome. Thanks! (wasn't sure which flair was appropriate so I didn't flair this)

    Relevant City Ordinance - Energy cost adjustment factor.

    All rates and charges provided in this chapter for electric current and service furnished by the Electric Department of the City of REDACTED to its various classes of electric service customers shall be adjusted on a monthly basis to reflect and account for fluctuations in the cost of energy necessary to operate the generating equipment and to supply electric energy as follows:

    Whenever the cost of energy, in the form of fuel or purchased energy, exceeds 35.0 mills/kwh sold, a charge shall be added to each customer's next monthly electric service bill in the amount of 0.10 mill/kwh for each 0.10 mill/kwh, or major fraction thereof, by which said cost exceeds 35.0 mills/kwh. Should such cost of energy be less than 35.0 mills/kwh the adjustment shall be made by deducting from each customer's next monthly electric service bill the amount of 0.10 mills/kwh for each 0.10 mill/kwh, or major fraction thereof, by which said cost is less than 35.0 mills/kwh.

    Memo in City Council Meeting Agenda

    In March 2019, the City of REDACTED entered into a new contract with BigPowerCo. The new contract set a 10 year, fixed price for wind energy that reduced our firm energy price significantly. A portion of that contract involves market rate purchasing. That portion was miscalculated by BigPowerCo. An audit of BigPowerCo found that purchases of electric were less than sales. This inconsistency led them to eventually discover that their formula for calculating the rate was incorrect.

    Staff, and John Doe our energy consultant, noticed that bills were higher than anticipated. John Doe contacted BigPowerCo a few times questioning this, but was told that it was due to congestion in the system, which increased the price for market energy.

    The cost for market rate energy is reflected in the Fuel Cost Adjustment (FCA). This portion of the customer's bill takes into account fluctuating market costs of energy primarily associated the cost of fuel used in electrical generation.

    Financial Considerations: The total overcharge by BigPowerCo is $232,130. The breakdown by month of the correct and incorrect charges is below:

    (I omitted the chart of the breakdown)

    submitted by /u/kazoni
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    Can’t do this alone

    Posted: 07 Feb 2020 08:19 PM PST

    So I recently confirmed a suspicion I have had for months now, but I have a roommate who is a coke head. Plain n simple. This has forced me to pay my rent, increasing portions of his rent, the power bill each month, this last two times being $210 and $290, in addition to being the only one buying what we need for the house. I'm bleeding money and am making much less than I was when things were better in the first place. There are many others moving parts to this, but question is this. Does anyone know of assistance programs for those with this kind of thing happening? Power is of course due and not going anywhere, and I made the choice this last time to keep the lights on and pay rent late.

    Are there emergency loans I can look into? Bill paying help? Go fund me or something even??? My only option is looking more and more like calling on friends and family who know this kind of struggle and can keep me afloat. We only have 2-3 more months together and then I am DONE. Out. Living alone.

    I just can't handle the load anymore. I need to pay rent/bills one more time and then I am hitting the ol dusty

    I live in North Carolina

    submitted by /u/curlythirst
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    Employer requiring work hours of 6:00 AM - 12:00 AM for 7 days in a row. Is this legal?

    Posted: 07 Feb 2020 03:52 AM PST

    Hello All,

    Place of work is in Tennessee. Very seasonal business that requires many extra hours and extra days. Outside of this span, it is a normal 40 hour work week. Starting today, the hours required are 6:00 AM - 12:00 AM. And this will not stop until next Friday. There are two 15 minute paid breaks, two 30 minute unpaid breaks and one 1 hour unpaid break. It is essentially two working shifts but full time employees are required to work both shifts.

    I did some quick searches but could not find anything for TN labor laws that applied to length of shift or needed rest time between shifts. Also, everyone else lives and works here. I am from NY that visits during this time to work the busy time.

    Thank you

    Edit: non-union

    submitted by /u/Moistyboomer
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    [CA] I have concerns about my high school track and field fundraiser. I believe one of my coaches is embezzling funds and I wish not to participate in it. What options do I have?

    Posted: 07 Feb 2020 05:39 PM PST

    I am currently a senior in high school within LAUSD. I have suspicions that the main coach who runs the team is embezzling funds people donate to the team and revenue generated from track meets hosted at the school. I have come to this suspicion because of his behavior. This includes him telling us not to solicit donations on campus because "then we would have to share funds with the school", as well as pressuring us to use a website called FanAngel, in order to solicit donations via email. He also made us pay to enter into an 'all comers' meet the team hosted. I wrote a check to investigate where the money would be deposited and found out it was deposited into the checking account of a company he runs personally.

    Other issues I have is that no one has the ability to audit the team's finances, nor do we have an official booster organization. This is what really concerns me because there is no accountability for the money that will be fund raised or the money that has already been fund raised. He has been the coach for all four years at my school and none of his actions seem to be right.

    I am asking for any advice in how to approach this situation, as I do not feel comfortable supporting something like this. This feels very wrong and against the school's and district's polices. I also don't feel comfortable reporting this behavior to anyone unless I can remain anonymous. Any advice/help appreciated.

    submitted by /u/runnerkip
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    Pricked by old needle in new apartment

    Posted: 07 Feb 2020 08:04 AM PST

    Hi!

    On the day I moved in, while the land lady was showing me around, I pricked my finger with a left over needle from previous tenant. She kept a calm demeanor but I could tell she was shocked, as was I. I cleaned my finger and just awkwardly continued being shown around. She reassured me that it's just a diabetes needle.

    A few hours later she calls me and said she contacted the owner to inform them of situation. She inquired about the previous tenant (who was a family member to the owner) having any medical issues, and basically wondering whether I need testing - she assured me that everything is ok as the tenant had diabetes and had no medical issues to worry of. I reluctantly agreed, but was still in shock. My girlfriend found a few other needles in presses the next day when she was cleaning up and said she almost got jabbed, but luckily saw them first...

    I've read up heaps on getting a random jab, and aware of how serious it is... scaryyyyy stuff I've to wait another 2 months before HIV test is valid and will need to go for other tests asap... I guess I've just been trying to kid myself that it's fine, but it would be irresponsible to not get checked. I get waves of terrible anxiety thinking of what I could be told.

    Ultimately I feel so violated and freaked out. Surely when I move into a house I'm entitled to somewhere that is safe. I feel like there was extreme negligence on the landlord/agencies behalf. On top of this the place wasnt cleaned, lots of unfixed damage and broken/faulty appliances while were are paying almost the highest going rate for a premises of our specification. I'm just wondering if I have any case here at all or if it's just a case of oh well tough luck!?

    TLDR: Got jabbed with a leftover needle in my new house. Suffering pretty bad stress over it and wondering if I have a case?

    Edit 1: Thanks so much for all the replies, almost bedtime here, but will reply too all comments in the morning, thanks so much everyone for all the advice, it really means a lot!

    submitted by /u/simat8
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    [NY] [Update] Fighting newly-illegal broker fees in Brooklyn as I search for an apt. Broker's new tactic to collect their fee is just... straight up lying.

    Posted: 07 Feb 2020 04:47 PM PST

    I posted here the other day about how the new law banning landlords' brokers from charging fees to tenants hasn't stopped them from, well, charging fees to tenants. In the interest of not getting ghosted by brokers and missing out on the apartments I want, I decided not to bring up the law just yet and see what solutions they offered. Clearly there's been a lot of shakeup because of the law; half the apartments I was interested in were abruptly delisted from StreetEasy, and a couple brokers I was emailing with just stopped responding.

    I guess brokers finally realized that the law isn't just going to disappear, and last night I received my first email from a broker directly addressing the law. Before he'd show me the apartment I'd set up an appointment to see (that has a $1700 broker's fee), he wanted me to sign this disclosure form that seems to say I hired him and that he has no relationship to the landlord. In the email he wrote "We are not a landlord's agent, we are a tenants' agent. The guidance specifically references only landlord's agents which we are not one of."

    I called bullshit and wrote him this back: "It's my understanding that in listing and showing the apartment on behalf of the landlord, you are in fact the landlord's agent, and you have a previously established fiduciary duty to the landlord and are representing his interests. I would be uncomfortable signing any documentation to the contrary. If you are proposing that I hire you as an independent broker, I would be open to that, but I would expect to negotiate the fee and work with you to see other apartments."

    No response, as I figured. Called around to my other friends looking for apartments right now and I'm not the only one who's been given this disclosure form to sign. This can't be legal, right? If the broker is clearly working on behalf of the landlord and has been before I ever contacted him, can a piece of paper magically make him "my" agent and therefore immune from the law? It seems like that would defeat the entire purpose of the new guidance, and is completely dishonest to boot. If I do sign this form and pay the fee, will it make it impossible for me to recoup the fee in small claims court because I signed off on him being "my" agent (even though he clearly isn't)? Would I be better off just spending the money to hire my own ACTUALLY independent broker to avoid this whole mess? I'm glad the law exists because it's going to make getting an apartment so much easier and more affordable in the long run-- I just wish it had happened six months ago so everything would be sorted out by now!

    submitted by /u/thehortlak
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    [IN] Husband's Lawyer contacting for first time after Divorce Judgement Passed

    Posted: 07 Feb 2020 02:42 PM PST

    • Married for 14 years, 3 kids
    • Filed for divorce in September, husband left the country after he found out.
      • Left before he could be summoned
      • Refused to pay for anything, the house went in foreclosure because he would not give me the mortgage information to pay it and it's under his name only
      • Kept communication through texts
    • After going through the process of publication and informing him of the hearing via texts, him nor his lawyer showed up at any of the hearings (they didn't even file an appearance) and I got a default judgement in January
    • Now before my lawyer could submit the divorce decree for the judge to sign his supposedly new lawyer contacted my lawyer saying the my husband's old lawyer screwed him over and never pursued his case and he has the text messages to prove it and he need to set aside the decree and start the process again.

    Does he have any legal standing at all in this?

    submitted by /u/ambrosiaplutus
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    Someone is making dozens of accounts on Instagram to harass me. What should I do?

    Posted: 07 Feb 2020 08:34 AM PST

    This person is unhinged. I have a private Instagram people with a few thousand followers so I don't know everyone. They made 8 accounts last night to send dozen on messages. One saying "wanna watch an 11 y/o suck my dick? I mean the more you dodge me the funnier it gets. Maybe I'll send it on my next account."

    This was after I blocked them 8 or so times over two hours.

    I'm unsettled to know this person made so many fakes accounts to follow me over the months. They are speaking as if they know me (they know my name) which I never post anywhere.

    They're taunting me saying things like: "it turns me on to know how I triggered you"

    And things of that nature. They also threatened to find out everything they could about me from Facebook and other online sites.

    I think this may have been someone I rejected but I have no way of knowing. Other factors are I have a case file for someone who made threats against me earlier last year, threatening to release intimate videos and pics of my partner. This person also evaded my blocking, but eventually stopped contacting me after I went to the police. I don't know if all this the same person targeting me or separate people. Not sure what to do, I don't want to cry wolf every time something like this happens.

    submitted by /u/ThatGirl60
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    Neighbor and his friend got drunk last weekend, entered my house under false pretenses and broke some stuff.

    Posted: 07 Feb 2020 12:02 PM PST

    I'll try to be brief. I do not have any negative history with this neighbor.

    Last Friday, around 1:30 AM they knocked on my door and asked to come see the renovations. Once in the house, he started going off about me being a creep and that this was a "beat down." The neighbor's friend just stood over his shoulder like a parrot.

    Eventually, I called the RCMP and the intruders left but on their way out they knocked over a box of computer parts valued at about $500 and nine hard drives, ranging in age from 1992 to 2019.

    About 45 minutes later the neighbor came back over, wanting to shake my hand and asked to come in the house. I said no, kept the door shut and the RCMP officer took him to the street to talk to him.

    Here's where it gets tricky.

    Neighbor has no previous criminal history or charges. When I entered the mediation session with Neighbor and the RCMP on Tuesday, I decided not to press charges on the condition that he pay me $300 for the broken parts and deal with his drinking problem. He has a son and a wife, all that crap.

    I'm terrible at confrontation, so on my way out the officer asked me to sign his notebook stating that I was not moving forward with the charges. Neighbor was facing possible prison time for home invasion, I use word "possible" because I did invite them in, they just asked to come in under false pretenses.

    Anyway. It's been 3 days since the mediation session. Neighbor hasn't paid me. So I called the RCMP asking how I should proceed. They said that they can't be involved in any financial remuneration and that I misunderstood the purpose of the mediation session.

    So now I'm wondering what avenues I have.

    I priced it out, I'm looking at $1200+ per hard drive at a data recovery center. More if I went with a good one.

    I don't want to press charges for the home invasion, if that's even what it was, and I'm pretty sure by signing the officer's notepad that I can't do that anymore. However, can I pursue damages for the hard drives and data recovery?

    submitted by /u/OogeyBoogie12
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    All bills paid apartment, but no heat for going on a month. (OK)

    Posted: 07 Feb 2020 08:06 PM PST

    [Oklahoma] Background: I moved in November 2nd '19. It's an all bills paid apartment. A new "owner" or Manager (I don't know the right term) bought them out about 2-3 weeks later.. Ever since I've had nothing but problems. I just got my mail box keys last month, my father in laws ashes were sitting in there for ~2 weeks!! I had to call the new management over 5 times, email them 5 times, not ONCE have they answered a single phone call or a single response from them, and they own property in multiple states. Finally I got my phone out, turned on my camera, and caught them red handed in a lie. The previous day, and the days before, they promised they would have the keys. So the next few days I went in and they "forgot." For the 4th time. I explained (kinda rudely, I should have had my keys days after move in!), on camera, and explained they've told me lie after lie and she even admitted her flaws. I thought that'd be the end. I finally got my keys, let's just forgive and forget. That was the beginning of Jan.

    Anyways. NOW, I lost my job ~Jan 19 (give or take a couple days). I lost my heat the same day so I know this is the day it happened. Now they keep saying "they're fixing it." But refuse to say who "they" are. Or what's wrong with it. My hot water and gas stove work fine. There isn't anything in my lease about the heat. IT DOES say if I notice a gas smell not to call 911 or the gas company, call them. But they don't have an emergency maintenance number?!?!! I'm at a loss!! it is a studio so my oven will keep it warm, but how do I go about getting my heat back on? It's a boiler/chiller system. It is still below freezing and snowy. To me this is a fire hazard keeping my oven on. My SO stays at home while I work, but he should be starting his job very soon. I do not want the place burning down. I have 2 dogs. They can not put out a fire or call 911. I don't even know who "owns" my heat. The property manager WILL NOT respond and that's clear on the BBB too. When I moved in there was a emergency maintenance number, and they responded quick! As soon as i moved in they switched and I haven't solved damn near anything. Any help will be appreciated. I don't know who to call or what to do. I'm so frustrated and tired from not sleeping from being cold but then worrying the place will catch fire if I leave the oven on.

    Thank you for any advice.

    submitted by /u/Legal-praline
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    Ex employer adjusts hours in her books to short paychecks, withholds tips if you even go 30 minutes into overtime.

    Posted: 07 Feb 2020 12:43 PM PST

    For reference, I'm in texas. The owner of the bakery I worked at constantly bragged about adjusting hours to short paychecks of the individuals who she deemed "lazy" or I'd she didn't think they were working hard enough. Most people, if not all employees, would do work off the clock to meet quotas or deadlines to avoid going into overtime by any amount. If an employee did end up going over 40 hours, the owner would adjust their hours online and withhold their tips as punishment. She even did this to me multiple times, and she obviously thinks shes justified since it's her business. She also played favorites among employees, and mostly employed her own family. She told me not to come back after getting sick at work. I'm at a loss for what to do in this situation, shes married to a police officer and seems to think shes invincible.

    submitted by /u/headonapplydirect
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    (TX) I made an off hand joke about drugs and now my University is putting my feet in the fire.

    Posted: 07 Feb 2020 08:53 PM PST

    I'm a Post Doc at a large university in Texas. 3 weeks ago out at a research site off campus, I offered to drive another graduate student back to campus so that the school vehicle would be less crowded. On our way back the student started to complain about allergies and their sinuses being closed up. I offered them some Zyrtec and Afrin that I keep with me for my allergies witch they took. When I handed them the Afrin I said that "I'm sorry it's used and been up my nose before but then again so has half the cocaine in Colombia". I thought this was a pretty funny comment, they did not laugh.

    The next week I got called into our version of HR and was asked to take a drug test (urine). When I asked why the administrator said they got a tip I was using drugs. I took the test and nothing came up. A few days later I was called into a department meeting and presented with the accusation that I was using cocaine. Despite the drug test being negative and my explanation that my off hand bad joke had caused this situation I was referred to the campus PD department where I was asked to take another drug test and was questioned. This was an underhanded tactic as I was told that in order to make the negative officiall I had to deal with campus PD. I took the test and it came out negative and was let go.

    I have just received an email from my department that requests that I take another drug test this time more intrusive and that I was not to enter the lab and to stay off campus until the test has been completed. My question is this. If I have a lawyer contact them with the results of the last 2 test can I force them to stop this? I will pass the blood test and any other test they want but this is really stressing me out and I have been unofficially suspended from work until this is over. I am an employee of the university and dependent on my income from my work and by not going into the lab I'm jeopardizing my position. What is the best legal way to end this? I am clean, I made joke, they are taking this too far.

    Additional information: I really REALLY hate needles and blood tests. I get faint and vomit when I have to have blood work done. This is why I don't want to get a blood test.

    submitted by /u/SPECTRE-Agent-No-13
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