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    Sunday, July 5, 2020

    Legal Advice - How do you get someone removed from conservatorship?

    Legal Advice - How do you get someone removed from conservatorship?


    How do you get someone removed from conservatorship?

    Posted: 05 Jul 2020 09:04 AM PDT

    My brother is voluntarily conserved by our mother. She's abusive, yesterday she threatened to have him committed because his tone was rude when she broke into his apartment for a "wellness check" while he was asleep.

    He has been suicidal, he's traumatized, he's disabled. He can't work, he's on SSI. He's autistic with an executive function disorder, he does need help managing his meds and sometimes with cleaning, but her being in charge is a constant threat to him. I'm more than capable of that, I've been working at a conservators office for six months and I'm starting a course about the scope of duties.

    My question is, can a voluntarily conserved person revoke conservatorship at will? Can she move to have him involuntarily conserved? And will me being named conservator voluntarily protect him from being involuntarily conserved?

    Edit: Removed identifying details because I'm paranoid

    Edit: I love you guys, thank you so much.

    Edit: Why do you all think I'm a girl

    submitted by /u/First_Last_Trashed
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    [NY] UPS dumped around $10,000 worth of product infront of my store at 10pm on friday night (long after i was closed) over a week ago. My supplier is blaming UPS, UPS is blaming me and refusing to do anything. What can i do?

    Posted: 05 Jul 2020 06:16 PM PDT

    I run a hobby shop in New York state. I have a supplier who i have worked with for years, who typically sends me my product via UPS.

    UPS has been massively delayed due to COVID, i went from getting orders multiple times a week to basically almost nothing for the last 8 weeks. I had nearly a 100 packages sitting in UPS distribution center, some of them have been forever stuck in the state of "Out for Delivery" for weeks now, to things basically entering the black hole of the local distribution center weeks ago with no updates.

    This hurt my business pretty bad (which was already suffering due to COVID) as a lot of this stuff was items people had ether pre-paid or waiting for me to get my hands on.

    On June 26th when i was more or less in bed, i suddenly got a slew of delivery notifications from UPS around 10 pm. Since i live a good 45 minutes away from my store, i freaked out and by the time i managed to get there. The stuff delivered had been taken, i checked the CCTV for my store entrance and probably 10 minutes after UPS dumped the packages some people came by and picked up all the items and took off.

    I made a police report and passed it along to UPS as they had completely screwed up. On Friday i got an update and UPS had closed all my claims stating that it was signed for. The signature was basically the word COVID. Which from my understanding is UPS not requiring signatures due to COVID.

    The following blame is going around in a circle:

    • My supplier is blaming UPS and how it isn't their fault, and tells me they fulfilled their obligation and i need to contact UPS.
    • My supplier doesn't have anymore of some of the products, so i can't actually fulfill many peoples orders now.
    • UPS is putting the blame on me stating that it was signed for and is refusing to discuss it more.

    Am i able to do anything?

    submitted by /u/HobbyAdvice912012
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    My employer fired/laid me off but claimed I resigned, to avoid paying unemployment Now he is claiming there I was fired due to misconduct. What do I tell Unemployment during my interview tomorrow? [Illinois]

    Posted: 05 Jul 2020 10:58 AM PDT

    I have an interview tomorrow for Unemployment benefits.

    Long Story short, my employer fired/laid me off. One day I showed up for work and my manager told me I no longer work there since "I resigned". I knew they were doing this to basically fire me/lay me off, without being liable for unemployment. So I made sure to go back and forth with the boss, via email, stating I never had intentions of resigning and if they have any proof of me resigning please offer it. Obviously he had none since this was all staged on their end. This all happened about a month ago.

    Recently, after filing for benefits, I got the interview request from IDES, and on the document it shows that my employer is claiming to having to terminated me to due to "misconduct"! I NEVER have conducted any misconduct and have no clue what the employer is talking about. Its obvious this is another one of his petty attempts.

    Basically my question is, How should I approach my interview? I want to make sure I present all the facts and details about the case. And make sure IDES understands my employer is a lying sack of sh*t.

    Also would I be considered to have been terminated or laid off?

    TLDR; Employer terminated me, however claims that "I resigned". I claimed UI benefits and my employer contested it, claiming that I conducted "misconduct" to IDES. How should I approach my interview and make sure they understand I never quit or had any misconduct?

    submitted by /u/Vintagentrepreneur
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    [CALIFORNIA] Employer doesn’t mark overtime as such on the timekeeping records. They instead multiply OT hours by 1.5 and subtract that time from your hours next week.

    Posted: 05 Jul 2020 08:20 AM PDT

    Ex: I worked 50 hours this week. 10 hours of overtime x 1.5 = 15hours of regular pay. If I regularly work 40 hours then I would only work 25 the next week but would get paid 40 from the 15 hours of "overtime" from the previous week. Could I file a complaint with DoL for making false timekeeping records? Or for incorrectly compensating employees for OT worked?

    EDIT: There is some confusion. We are getting paid correctly but is suspicious as they don't mark OT pay as OT pay on our itemized wage statements, it is instead compensated for using the method I listed above. I recently turned 18 but this also assisted them in giving me and other minors illegal OT hours as it was not officially marked as OT.

    submitted by /u/IronTrevor706
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    As a female, can I be justifiably dismissed from my job for shaving my head?

    Posted: 05 Jul 2020 09:10 AM PDT

    Hello! I just got hired as a Fiscal Assistant for Payroll Support Services at a State University. As part of being a new hire I am on a six month probationary period, until I become a permanent employee.

    I am taking some medications that is making my hair fall out. I'm tired of cleaning up a bunch of hair so I want to shave my head.

    Can I be justifiably/legally fired for shaving my head?

    Edit: I live in the United States.

    submitted by /u/lonelyjokers4
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    Stranger broke into friend’s apartment and is refusing to leave. Police was called but was no help.

    Posted: 05 Jul 2020 07:02 PM PDT

    A man broke into my friend's apartment and is squatting there and refuses to leave. He called the police but they basically said they couldn't do anything without an eviction notice. And this is in Indiana where eviction notices are suspended because of COVID-19. The police further informed my friend that he could not throw them out forcefully either. Any advice would be appreciated!

    submitted by /u/arifarman98
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    Apartment flooded with sewage, Landlord refuses to take it seriously.

    Posted: 05 Jul 2020 06:37 AM PDT

    I live in Brooklyn NY and yesterday morning on the Fourth of July my partner came out of the bathroom asking me to unclog the toilet. I told her I hadn't used the bathroom today and went to check our toilet and it was filled nearly to the brim of brown water.

    This was incredibly concerning because A) neither of us had even used the bathroom yet and B) about a month ago we had a very similar plumbing issue that resulted in our bathroom flooding with raw sewage after my landlord hired a plumber who didn't own a snake to come fix our apartment. He then hired a regular house cleaning lady instead of a bio hazard waste removal crew to clean our bathroom which resulted in me having to clean up a lot of excess sewage and human waste off the walls and floors of my bathroom. This incident not only flooded our bathroom but resulted in the lobby of our building being flooded as sewage poured out of a light fixture in the ceiling. Clearly a problem with the buildings pipes.

    So fast forward again to yesterday and we are both having anxiety attacks about this because of the last time we experienced it. I begin trying to call my landlord and my partner begins trying to call our buildings super through our landlords company's "emergency line". My partner got ahold of the super who said it was a holiday and we would have to wait until Monday to get somebody into the apartment as no businesses are open. We told him we had a plumber and a biohazard waste removal crew on the way and that we just needed approval on the cost but he insisted businesses weren't open and wouldn't budge. My partner told him if our building was on fire he wouldn't say it was a holiday and to wait until Monday which prompted him to hang up. At this point the toilet was flooding, the bathroom had a half inch of sewage and it was leaking into our hallway, bedroom, and entrance of our apartment. The ceiling in our lobby was also flooding water like last time.

    I called my landlord 30+ times and he didn't answer, I sent him a text pleading to pick up as there was an emergency, but no response. The plumber arrived at our apartment but informed us he couldn't snake the drain without removing the toilet as it was a problem with the buildings pipes, not our apartments toilet, and removing the toilet would cause a ton of extra raw sewage to flood out. The cost of him snaking the drain and the cleaning crew coming is upwards of $4,000 on a holiday which we don't have lying around so we couldn't go forward without our landlord signing off. The plumber left and we had to get a hotel room and vacate our apartment after moving everything off the ground in case the flooding continues, and asking our neighbors to refrain from flushing their toilets as this is what seems to be causing the flooding.

    We talked to the super one more time and asked him to please take care of this as soon as possible the following morning (now) and he said yes it will be handled at 8AM tomorrow, we have him permission to enter o it apartment if we weren't there and went on and tried to enjoy the rest of the evening. My landlord texted me at 10PM saying "Hi". I immedietely responded explaining the situation, explaining the cleaning crew and plumber, and explaining that we want this handled as soon as possible so we can return to our home, he didn't and hasn't responded.

    This morning my partner called the super again at 9AM asking if this would be handled or if we would have to extend our hotel stay and he said it would be handled but said he would again have a regular cleaning lady come and we insisted it be a biohazard waste removal crew as it is raw sewage and needs proper removal. Landlord still hasn't responded.

    What can we do about this? I've never taken somebody to court. Do I need a lawyer? I don't know that I can afford that. We are moving out of this apartment at the end of the month and it almost doesn't seem to be worth the trouble but I'm tired of landlords like this getting away with incredible negligence (we also have black mold in our cabinets we notified our landlord of almost 6 months ago and he has yet to replace them, my partner has asthma). Any advice on this would be extremely helpful and appreciated, thank you!

    submitted by /u/68plus1equals
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    Can I legally refuse to lease to someone who smokes marijuana in my building even though they have a medical card (NJ)?

    Posted: 05 Jul 2020 03:59 PM PDT

    I have tenants who have struggled with addiction issues and a prospective tenant has indicated they will be smoking Marijuana in the property under a medical licence. I've asked if they could use tinctures etc or I could setup an outdoor area and they have refused and indicated they think this is discrimination.

    Disclosure: Totally pro marijuana but that doesn't mean I think it shoold override the rights of my other tenants.

    submitted by /u/KayJustKay
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    The IRS owes me $34,000 and won't answer me.

    Posted: 05 Jul 2020 09:10 AM PDT

    Edit- US is relevant location. I'm self employed so I have to pay quarterly and sometimes I'm wildly off. Last yaer I installed solar and got a big credit. My refund was $34,000 but I owed 9500 in state taxes, and the state payment deadline was extended due to COVID until July 15. I also financed the solar for free for a year and owe $16000 on July 15. So I owe 25,000 on July 15 and I need my refund to pay these things or I will incur penalties (a sizable one for solar- $2000 if I dont settle up by then). I also have to pay my 2020 quarterly estimates and can't because due to COVID I got hit hard for Q1 and Q2.

    I filed my taxes on April 8. There is nothing weird about my taxes - no real business expenses, nothing fishy, but frankly I dont even care if they audit me, I just want them to communicate and explain why they are refusing to give me my money. I called the taxpayer advocate twice and left messages. I called my accountant who said they hold returns that claim the solar credit sometimes. I'm at my wit's end, I don't think it's fair they are simultaneously holding my money and penalizing me for not paying quarterly taxes.

    What can I do?

    submitted by /u/newbie12345677
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    [MISSOURI] SIL selling my car while I'm out of state, with no permission and a possibly forged title.

    Posted: 05 Jul 2020 05:03 PM PDT

    I recently relocated to Colorado from Missouri, and in the process I had to leave my car at my brother's house. His wife is now saying she will be selling the car tomorrow, as she has the title (the title is solely in my name, she has nothing to do with it, besides the fact it is at her husbands house). The warning that she gave of her plans to sell is less than a day, and there is no reasonable way I can remove the car before the allotted time is over. I had a verbal agreement with my brother that I would have my car towed out to Colorado as soon as I could.

    The way she worded the messages(which I have screenshots of) invokes that she is planning on either just letting an non-permitted party drive my car, or she will forge the title to complete a sale.

    What measures can I take now to prevent this from happening, or must I wait until something nefarious has actually been committed to take action?

    submitted by /u/GrandTheftSIL
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    Can I get charged for drug possession if the police find an old picture of me doing LSD and old texts saying that I bought/did drugs?

    Posted: 05 Jul 2020 08:50 PM PDT

    I'm reporting a rape case that happened 2 years ago and have all of the evidence I need, but some of the texts said that I was going to buy a "half oz" of weed and that I found someone that could get me LSD. I no longer possess/do any drugs but this was when I was underage.

    There's also a picture of me with acid tabs in my mouth. These texts were all written when I was a minor. Could I get in trouble/charges for possession of drugs or would I have to physically have drugs on me to get charged? I'm in Nevada.

    submitted by /u/linda_ronstadt
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    Help. My employer retaliated against a Covid-19 complaint.

    Posted: 05 Jul 2020 09:08 AM PDT

    I'm an employee at a LA County restaurant in a small chain of 6 restaurants between 2 states. Yesterday, I was sent home for addressing several violations of compliance with the local COVID protocol for restaurants. All aspects of the COVID-19 protocol were supposed to be implemented before reopening, included but not limited to training of the protocol and implementation of COVID safety precautions and COVID-based hygiene which is not the case at the business, in conjunction with the lack of leadership to enforce it. We're doing a few things, but they are bare minimum and are not even applied correctly or enforced.

    Yesterday, I was vilified during a meeting and sent home for refusing to resign, and for continued assertion of lack of safety for me and my coworkers.

    I've tried everything. I've submitted formal complaints to the local health department as well as contacted local politicians, state politicians, and the city manager's office.

    Nothing has happened. I feel so vulnerable and now I'm being investigated by our HR department for "behavior unbecoming of our company standard".

    I'm so desperate that I've reached out to the celebrity chef part owner on Instagram. Again... nothing. I do not know what to do. Please help. I am so scared of getting sick and/or losing my job. Either one could be a death sentence with how long it's taking to get onto unemployment (I'm hearing it's taking over a month and I don't have the savings to survive two rent payments, let alone bills.)

    Please help. Any advice or suggestions are welcomed.

    ~~~~~~~~~~~~~~~~~~~

    UPDATE:

    I've officially been terminated.

    submitted by /u/MicCheckTapTapTap
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    Receiving a letter of investigation from the FAA

    Posted: 05 Jul 2020 08:04 PM PDT

    Throw away as some may know me from my main account.

    Recently I was on a flight with my kid where he had vaped in the restroom causing the alarm to go off. Needless to say was pretty disappointed but he was smart enough to admit it to the flight staff that was the reason why it was set off and the plane did not have to be diverted (which I assume would have made things significantly worst). After the incident and on the way home I looked into potential repercussions for his actions and it seemed like if you are cooperative with the flight staff and do not actually divert the plane then generally nothing too bad will come from it. That gave me a bit of comfort but about a month later we received a letter of investigation from the FAA notifying us that they are looking into the situation and whether we would like to submit a statement regarding the incident. So my questions for this predicament is:

    1) Should he respond and if he does will this just be used against him if it goes go to court?

    2) Should I be looking into a lawyer for him ahead of this or until the conclusion of this investigation?

    3) What is generally the process for an investigation of this nature? Will they conclude a violation has occurred and he will have to resolve this in court? Or is it a situation where he can settle it ahead of court?

    4) What is generally the penalties for a first time offender?

    Any information would be greatly appreciated.

    submitted by /u/jxnlin
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    (NY) Do the wishes of the living ever override a will?

    Posted: 05 Jul 2020 01:12 AM PDT

    My boyfriend died two months ago. He was terminally ill and made up a will before he passed. In the will, he left basically everything to me. We were essentially each other's only family, he didn't really speak much to his parents at all, and they were strongly disapproving of most of his life choices when he was alive.

    His family has been contacting me telling me to give them certain things that I'm reluctant to give them as they're outlined specifically in his will AND are very meaningful and important to me, and they're also asking for some of his remains, which he specifically also put in his will and that he told me before death he didn't want any going to them because he didn't want his remains being used in religious rituals (common culturally for him) because he was strongly against religion in general.

    I told his parents that in the interest of respecting my BF's final wishes, I couldn't give them those things. I did offer a few things that weren't specified that I was just keeping and saving I guess to show our child (I'm pregnant with right now) when she's older.

    His parents said that I had to give them to them because we weren't married when he died so his wishes in the will mean nothing.

    We did the will by ourselves and then had it notarized, but there was nothing really complex in the will (our apartment was in both names, no vehicles, no large sums of money, just his stuff), and I'm worried now that it's not as legally binding as it should be. I can't really afford a legal battle, we're young, I'm expecting this baby, and even though he had money in savings, it's not a huge amount that could fight something like that.

    so my question is fairly simple: is a notarized will final? do the wishes of the living override a will and if so, what's even the point of having one?

    submitted by /u/sidonai97
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    Is it legal for a building to be inaccessible to police and EMS?

    Posted: 05 Jul 2020 09:04 AM PDT

    I've unfortunately had to call 911 a few times since living in my current building and have noticed something.

    Police and EMS cannot access the building without a tenant letting them inside. Is that legal?

    My husband had to push me out to the ambulance in an office chair once. This morning after my neighbor was screaming, abusing someone, and tried to break into my apartment I of course called the police.

    They called me back and said they couldn't get inside unless I let them in. I'm severely disabled and my neighbor was running around the hallway screaming threats just after attempting to illegally enter my apartment (for the sixth time) I couldn't leave my apartment safely to let them in. So they left. And she's still losing it. They said many people have called for her and they know her by name.

    Is this legal? Shouldn't emergency services be able to access a building?? I don't feel safe.

    Edit: this is in Seattle, Washington, USA

    submitted by /u/HisDaisyQueen
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    My landlord's husband killed my cat by setting a lethal trap in my backyard. [Indiana]

    Posted: 05 Jul 2020 06:18 PM PDT

    For some background, I live in a residential neighborhood, in an apartment which is basically a few rooms out of a larger house. I got my cat shortly after moving in almost 5 years ago, and my landlord and her husband were both aware of my owning the cat. I didn't tell them explicitly that I let him outside, but I have let him outside while they were on the property, and there's always the possibility of a pet getting outside. My new neighbors in the other part of the house definitely knew I had a cat that I let outside regularly.

    Now, for what actually happened. Last weekend, I heard my neighbors petting my cat on the porch, when they spotted three raccoons in the yard. They said something about taking care of the raccoons, but I didn't think much of it. This past Thursday night, I let my cat out as usual. He didn't come back in by the time I went to bed in the morning, which is unusual, but not unheard of. Sometime after I woke up Friday evening, the neighbors knocked on my door and told me they found my cat dead in a trap my landlord's husband had set for raccoons. I verified it was him. No one informed me about setting the trap ahead of time so I could keep my cat indoors.

    As for why I'm posting here: I know I can sue for property damage, for the fair market value of my cat, but that's not even worth it to me. The damage was emotional, and he was a rescue, so the monetary value is very small. Can I pursue anything more? I looked for regulations on trapping and it looks like it might be illegal to use lethal traps on raccoons, as the DNR only said you can trap and then euthanize or release them.

    submitted by /u/Billabo
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    Jetskis and Beach-Goers on private property

    Posted: 05 Jul 2020 02:30 PM PDT

    Hello all,

    My property is a lakefront property with beach rights and water access, directly adjacent to a public space. Throughout the day, beach-goers migrate across the clear POSTED signs and set up shop on our side of the beach, and today two jetskis parked their vehicles blocking our lake access, ruining our view, and have not been back to pick the vehicles up.

    If this were a land issue, I could just call a tow truck and be done with it. However, I don't know how to tow these vehicles. I do not want to accept liability for anything that happens to them and I do not want them stored or parked here.

    Help please!

    Location is NY state, Lake Ontario.

    submitted by /u/IAmADerpAMA
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    Overcharged at restaurant

    Posted: 05 Jul 2020 09:05 AM PDT

    I was overcharged exactly $30 at a restaurant near me. Exactly $30 does not seem like it accident (The bill went from $182 to $212 so it's not like the server accidentally hit the wrong key). I wasn't given a receipt and after calling they said they can't find a receipt for it. They are not being helpful in recovering my money. I paid with my Venmo card and I did not have enough to cover this extra $30 so they locked my account. I remember which server I had and I am confident he did this on purpose and did not think we would notice. Can I file a police report against him, should I file one against the restaurant. What is the best course of action from here?

    submitted by /u/dontenap
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    Neighbor blocking my driveway

    Posted: 05 Jul 2020 07:34 PM PDT

    (Clay County, Florida) I have a neighbor that parks behind my driveway constantly, and it's a pain for anyone to get out of the driveway. I've scraped my car on my mailbox numerous times to avoid hitting their car. I have talked to them many times, and I have talked to the owner of the property, this usually resolves the issue for a couple days, then they park behind my driveway again. Just as a side note: they have a large driveway and only use it for two cars. I use mine for three to five cars, so they could certainly use their driveway.

    Does anyone have any insight into the process of how to deal with this? I know it's illegal to block someone's driveway, and I'll probably end up calling the sheriff's non emergency line, but I'd prefer not to have police involvement.

    tldr: neighbor is parking on the street and blocking my driveway, I've talked to them many times, how can I deal with this?

    submitted by /u/agent108490
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    My friends friend won’t stop harassing me and making sexual comments about my sister, has now threatened my family

    Posted: 05 Jul 2020 08:38 PM PDT

    Not sure what to flair this, first time poster.

    I'm a 19m from Australia and recently this overseas friend of my mates from new zealand has joined our friends group on discord (a gaming voice call program). It started out as a bit of a weird joke but has now progressed into a daily harassment where he will continuously make sexual comments about my sister to me and to all my friends. I have plenty of screenshots of this (Snapchat's and text chats). He has also gone as far as to add my sister on platforms, however I told her to block him as he is a creep so as far as I know he hasn't had any contact with her. This is where it begins to trouble me, as id usually just ignore it. It has been going on for over a month or two now and today he made yet another joke, this time in a private chat and I snapped, called him a creep and proceeded to tell him I straight up do not like him. I then banned him from the discord chat and have been blocking him wherever he messages me. However before I could block him on Instagram he sent "your whole family is f***ed now bud time for me to have some fun". He is renowned for messaging people's parents and saying all kinds of horrible stuff and I just want it to stop. I have no idea of what can be done but would honestly be satisfied in conducting any legal pathway if possible. I know it's not a physical threat but I would like to put an end to this in a way which actually provides him with a consequence, because just blocking him won't stop anything.

    Sorry for the horrible formatting I'm very flustered right now and just need some advice

    submitted by /u/-torhead-
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    Moved into apartment infested with roaches. Rental company isn’t taking responsibility. Help??

    Posted: 05 Jul 2020 09:16 PM PDT

    I've just moved into a new apartment last month. After getting all of our things moved in ,the next night we noticed some other occupants: ROACHES. We contacted the rental company and they had their pest control come and handle it. They kept telling us they'd be gone but they were still there. So we told them we wouldn't stay there and went and stayed at my moms till the problem would be fixed. After they weren't going away, we were offered the option to move to a new house. This house is great, but the only problem now is that we have to get all of our things from the roach house. We waited 3 weeks to get into the new house. I've already spent a lot of money because of this whole ordeal and so I asked them if they would cover the costs of us moving again and of cleaning our items but they refuse to take responsibility. What can we do??

    Edit: We live in Michigan.

    submitted by /u/Embarrassed_Sun_9697
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    encroaching roots in California

    Posted: 05 Jul 2020 09:00 PM PDT

    My neighbor started coming over yesterday to complain about tree roots from my yard. I believe her, the Bradford Pear is large for the area and was planted in 2003. Ive owned the home 4 years. Our neighborhood is riddled with trees that are way too large for the plots.

    Her husband recently took a turn for the worse and she started doing the gardening. She's been by 4 times to talk to me, try to convince me to take out the tree, and to show me pictures.

    I told her 'cut the roots, do what you need to do with the branches or I can cut them' then I showed her how 6 of us in the cul de sac had to hack off roots.

    She came back again later to say 'well my grass isn't growing in my yard where your roots are.'

    What are my responsibilities here? I'm not in a position to do this right now. Estimates were coming in at 2k 4 years ago.

    submitted by /u/quentinislive
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    Being Sued by a Model Used for a One Day Photoshoot in California

    Posted: 05 Jul 2020 07:46 PM PDT

    I work at a small marketing agency. Earlier this year, we hired a model for a photoshoot.

    We negotiated a price for the shoot. We executed our standard agency contract which, among other things, states that the model is an independent contractor and that the contract is subject to the laws of the state where we are based (not CA).

    Fast forward to last week, where I get a letter from an attorney that represents this model stating that they were never paid and we therefore owe a total (with penalty under CA law) equal to about 40x what the original pay was.

    • We checked our records and the model actually never got paid. They never submitted an invoice and therefore it never got in our system. (A mistake on our part, to be sure)
    • At no point in the intervening 4 months did the model reach out to us. They have my contact info (not to mention our website) and so would have had multiple ways to reach out and ask about their payment. They did not.
    • Among the pages and pages of this letter from their lawyer is case law about how in California, models are considered employees and not independent contractors. So the contract we have with them is irrelevant and because we didn't pay them "on the next company payroll" the clock started ticking and the penalty kept racking up (even though they never told us they hadn't been paid)
    • There is also some stuff about how it doesn't matter why the payment wasn't made. Even if it was a mistake, it still counts as "willfully not paying".

    I have been told that because California law is super in favor of the employee for things like this, we are screwed and are going to have to try to settle for something in the 10s of thousands of dollars for a job that was originally paying $1k.

    So my question is: Is this really how this works?

    Is there no "reasonableness" requirements? They NEVER reached out to us to let us know they hadn't been paid. Had we known, we would have corrected it asap. We've been in business for 30 years and I've never had an employee or contractor not notify us if there was an issue with payment. We've also never intentionally not paid someone.

    Also, is that really how the penalties work in California? The lawyer I talked to in my state is floored. 40 times the money owed seems unbelievable! I could understand if the employee made repeated attempts to get paid and was consistently blown off by us. That would be shitty. And companies like that should pay. But that's not what this was. This was a pure mistake.

    Part of me feels like the models know how this works and waited the max time they could to sue us for the max money. This all seems in very bad faith.

    Help...

    submitted by /u/IHaveQu3s1ons
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    [OHIO] Aunt transferred money from UTMA account under my name while I am no longer a minor and without my permission

    Posted: 05 Jul 2020 03:55 PM PDT

    My grandfather opened a Fidelity UTMA account in my name when I was a minor (I think around 10 years old) and put some money in it. In the last few years he became incapable of handling finances (he's still alive!) and designated my aunt as the custodian/executor. I was not aware of the existence of this account until recently.

    Now I am 29 years old, and have gotten access to this account from my aunt after asking for it (I learned about this account by mistake from my mother casually mentioning it). I have found out through looking at the statements and history that about 2 years ago she transferred about $20,000 in stocks from this account to various other accounts. It turns out she transferred this money because her kids had less money in their accounts (they are also not minors), which were also opened by the same grandfather (I don't know why they have less, and I don't really care).

    Is this allowed/legal? I thought that UTMA accounts should be automatically "closed" when the minor (me) turns 18 (or 21)? Did she act legally by doing so? Are there tax implications of me having this account for 11 years of being an adult (18-29)?

    I feel like I was robbed of a lot of money I could have used to pay my student loans and other expenses.

    Thank you.

    submitted by /u/utmalegaladvice
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