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    Wednesday, August 19, 2020

    Legal Advice - California "working interview " no pay 6 hours of labor and not hired.

    Legal Advice - California "working interview " no pay 6 hours of labor and not hired.


    California "working interview " no pay 6 hours of labor and not hired.

    Posted: 19 Aug 2020 07:18 AM PDT

    My girlfriend recently had a "working interview" where she worked as a host and bussed tables for 6 hours under the guise that she would be hired if she did well. fast forward a couple of weeks she was never called back and after doing some digging I realized that they do this with a lot of people and I have some suspicions they are using people to fill in for people who are self quarantined because of covid without any strings attached and receiving free labor. Someone tell me this HAS to be illegal.

    submitted by /u/hellrazer45
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    My dad passed away in January and I just got a letter in the mail saying his insulin pump is being recalled.

    Posted: 19 Aug 2020 03:50 PM PDT

    My dad passed away in January and his cause of death was low blood sugar. Today I got a letter in the mail from Medtronic stating that there was an urgent recall on his pump retainer ring. I'm only 21 and my parents are divorced so i'm the executor of my dads estate. Can I and and should I file a wrongful death lawsuit and how do I do it. I'm so lost.

    submitted by /u/hemaline
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    Egg donor contacted and stalked by egg recipient

    Posted: 19 Aug 2020 01:26 PM PDT

    I donated eggs anonymously in 2003 and signed a contract stating that I would not contact or seek any information about egg recipients, and egg recipients would have signed the same thing. Any and all medical questions would be handled by the fertility clinic.

    Three years ago my sister was contacted through a DNA test kit service by one of the egg recipients (ER). The ER had an eight year old son and wanted the child to 'get to know his family', especially me. My sister took it upon herself to divulge information about myself and my upbringing before letting me know that she had been contacted. She gave the ER my contract information and I made it clear that, while I was happy that she had a child, I was uncomfortable with contact and that she should not seek further contact or information about me. She agreed and I never heard from her again.

    A few days ago I was looking at a family picture on my sister's Facebook and lo and behold, there's ER commenting and asking questions about me. And there's my sister saying that she'll tell her all about it.

    I immediately messaged ER and told her to back off, I am not her family and she has no right to personal information about me. I then contacted my sister, who promptly blocked me.

    I contacted the fertility clinic, who said that my records are now stored off-site and that they would track them down. They recommend sending a cease and desist letter (as I was already planning on doing, having found her place of employment on Facebook).

    Does California law have any protection for egg donors? At this point I feel like I'm being stalked. ER signed a contract stating that she is prohibited from contacting or seeking any information about me.

    Egg donation took place in Los Angeles and I currently live in the UK.

    Thank you!

    submitted by /u/peacelily2014
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    Wheelchair bound mother was just told her building’s elevator will be out of service for three months.

    Posted: 19 Aug 2020 04:49 PM PDT

    Thanks in advance. I searched a bunch but couldn't really come up with anything solid. Basically, my parents live on an upper floor of a 6 floor condo in Maryland. They were just told that the elevator will be out of service for 3 months, effectively holding my mom hostage in her own home for the duration. Is there anything they should know as far as legal accommodations or anything like that? They're already worried about doctor appointments or emergencies, so I'm just trying to see what we should be aware of. Thanks again!

    submitted by /u/RevivedRP
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    Propane company took our tank because we “weren’t using it”

    Posted: 19 Aug 2020 03:01 PM PDT

    Went outside earlier and our propane tank is gone. We called our propane company and they took it because there was a decrease in usage. This decrease was caused by our rinnai heaters freezing and bursting during the winter. Our propane company installed the rinnais incorrectly and there was tampering (thermistors are supposed to heat the rinnai when below a certain temp, they were gone), so we already were annoyed with them. But they came at night, without calling us and took our tank. The tank is theirs, but we pay for the propane the second it pumps into our tank, so there was a couple hundred dollars worth of propane, they already said they wouldn't be giving back. Is there anything we can do legally? We are unable to cook our food now, and they took propane we owned.

    submitted by /u/elliottmisiura
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    The person I trusted to watch my bird, in fact sold my pet.

    Posted: 19 Aug 2020 02:26 PM PDT

    So I left my beloved cockatiel (Lucille) with my neighbor while I visited my family out of state. I decided to move in with my mom and told my neighbor id be down in a month to retrieve my pet. I gave said neighbor an air conditioner and a 63' flat screen TV as insurance to care for said bird. Since bird food is legit 1.50$ I figured the 1000$ tv plus 150$ air conditioner would suffice. She agreed. She sent me pics and updates weekly. Then it stopped. I informed her I'd be back to get Lucy next week and she informed me my bird is no longer there. That someone has her and she doesn't have any contact info on them. What the actual fuck.

    So my question is what can I do. I called the local police and he informed me this is criminal theft. She stole my bird. Then I snooped her step mom's page. And whatya know she's looking for a bird cage. I'm livid. I want my bird back. What can I do?

    State: Tennessee.

    submitted by /u/maryJane2122
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    My landlord rented me out an unsanitary apartment and will not do anything to fix it.

    Posted: 19 Aug 2020 10:51 AM PDT

    So first off I live in Utah.

    Last month I put down a deposit on an apartment. I toured it with my roommate and it had been cleaned the day we looked at it so the chemical smell masked it.

    However the day I moved in I noticed the walk in closet smelled STRONGLY of cat urine odor. Like my eyes were watering and I had an allergy fit.

    I put in a maintenance request to have the carpet cleaned. They sent someone out 2 days later, he lifted the carpet and cleaned the subfloor. The smell subsided for a day and then came back. So I put in another request. 4 days later maintenance came, they sprayed some carpet cleaner and hung an air freshener in my closet. So now it smelled like pine needles and cat urine.

    I put in another request and a week passed and no one responded. So I emailed my landlord detailing the issue. He responded saying they did what they can and are unwilling to replace the carpet.

    I got mad and asked if they would be replacing it for the next tenant or if they would have to live with cat urine smell too and that it is deceitful and unethical to sell a unit with issues and if someone with an actual cat allergy moved in if they would pay their medical bills.

    He said they aren't replacing it end of story.

    I did advise him I would be saving all these conversations so if any issues arrive with them attempting to charge me after move out I can dispute it.

    What can i do moving forward? I just paid almost 4k to move in and can't use my closet or hang up my clothes, if I leave my closet door open the smell pours out into my bathroom and bedroom.

    Tl;dr: landlord put me in a cat urine scented apartment and won't replace my carpet and told me to deal with it. Once again I live in Utah.

    submitted by /u/princess-captain
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    I filmed a short film 4 years ago, and one of the friend who acted in it wanted everything deleted.

    Posted: 19 Aug 2020 08:20 PM PDT

    Hello.

    Background:

    I'm from Arizona. I had a concept 4 years ago about a short film. So I asked a couple of acting friends to be in it. I was new to filmmaking at a time, so I didn't really know what I was doing. We made some mistakes along the day.

    Issue: It took me four years battling with procrastination and trying to fix the sounds issue. I finally finished the short film.

    So I decided to upload to YouTube as a private video so I can be sent it to everyone who helped me with the project. I sent to one of my actor friend who actually quitting acting. He sent me a long msg saying that he never agreed for it to be shared publicly. I'm not legally allowed to keep all the footage I had of him and demanded me to delete everything I have of it, all the scenes I have.

    So my question is, even I'm not planning to release any of them, do I have the right and legal right to keep all those footages?

    submitted by /u/mangstachan
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    Car shop closed and my car got towed

    Posted: 19 Aug 2020 09:10 AM PDT

    So before Covid hit i took my car in to get fixed. Not sure what was wrong with it but it wouldn't start. Finally after about a month it was ready. I pick it up, same day it breaks down so I take it back. Few days later everything closed down because of Covid. My father and I constantly called seeing if we could get the car. We called customer service and corporate and got no help or answers. Fast forward to July. I receive a letter in the mail saying my car was TOWED and I had to pay around 1200 to get it out. My car was supposed to be getting fixed. So I go down there and see why it was towed and I was told the shop left it parked at the bar next door... I just want to know WHY I wasn't called to come get my car? Why was it next door when it's supposed to be getting FIXED? I tried calling customer service and corporate again with no help. I left a bad yelp review and finally I got in touch with someone. Well now they are telling me they are not responsible because that location has been permanently closed since July 29... my car got towed July 7th. So I want to take them to small claims so they can pay for the towing expenses and give me back the $800 I paid for my car to get "fixed" (didnt even fix it) for no reason. I just want some advice because I don't really know how to go about this. Because they're trying to tell me they can't do anything about it. I'm livid to say the least. I live in California if that makes any difference

    submitted by /u/bbyblue777
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    (MT) One-Year-Old Son Has Serious Injuries from a Car Accident, the Car Insurance is Saying They Can Wait However Long they Want (Months or even Years) to Reimburse me for my Medical Bills

    Posted: 19 Aug 2020 07:40 PM PDT

    TL;DR We were in a car accident (not at fault), my one year old has a traumatic brain injury which will take months to years to heal, and the at-fault insurance says they won't pay for any of our ongoing medical bills until we settle with them. What do I do???

    Thank you in advance for your time! I have a concussion (thanks to this accident) so I'm sorry in advance if I'm rambly or don't make sense.

    I was driving on a highway a few weeks ago when I was hit by another driver. He admitted fault immediately, the police report says it was his fault, and his car insurance has said they take 100% liability for the accident.

    I had my one year old son with me in the car, who was sitting (properly restrained in a car seat, thank god) right next to where the car hit us. He had to be taken to the ER in an ambulance, and we found out he has a traumatic brain injury, among other things. His doctors are really hopeful he'll recover fully (or close to fully), but obviously no one knows right now.

    The at-fault insurance is a really small/niche company (based on googling), and has been terrible to work with for our medical claim. They've told me, as well as every provider who's contacted them, that they won't pay for anything until we've settled. They've said that once I settle with them it releases them from paying any ongoing or future medical bills. Our providers have been really apologetic but are telling me that they can't work with me and are going to have to bill me directly, because settlements for cases like this can take years. My health insurance won't cover anything, since they say the car insurance needs to pay. We've seen a lot of doctors, have had a slew of tests/procedures/scans done, and there's no way I can afford to pay for all of it out of pocket. I've told the car insurance that treatment won't be complete for months (on the optimistic end) to (more likely) years. But they continue to reiterate that it doesn't matter, that they will only reimburse me once I reach a settlement with them. Which obviously I'm not comfortable with, because it's only been a few weeks and I have no idea how much our future medical bills will be.

    Is this really legal?!?!? I've been googling it, and I've read that in Montana at-fault insurers are required to reimburse for medical expenses as they occur. What are my next steps to make that happen?

    submitted by /u/Ohherewegooo
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    Can I be a remote US employee living in Canada?

    Posted: 19 Aug 2020 07:44 PM PDT

    I have dual citizenship in the US and Canada. I work remotely for a US company from my US residence. I would like to move to Canada and retain my job, ideally continuing as an employee of our existing US business entity (I do not want to miss out on a benefit that I will not get if I have to switch jobs, work for a different business entity, or work as a contractor).

    My main question:: Is this legally possible? What do we need to do?

    I've been reading and receiving conflicting information and am trying to get to get some solid information to pass along to the boss.

    ---Other considerations---

    Taxes: I spoke with a tax accountant that explained I'll file Canadian taxes first because I'll reside in Canada, then file my US tax return, and because of the tax treaty expect to not owe any US taxes. I'm unsure whether it's possible to have the US entity not withhold taxes since I know I'd be getting them all back.

    Social security: The tax accountant said it might be possible to have my US employer tell the US Social Security Administration I'm "temporarily working remotely", have the SSA provide a letter accordingly, and submit this to the Canadian Social Security Administration to be exempt from needing to pay social security in Canada (which I'd only want to do if I were able to keep working for the US entity and they were unable to deduct Canadian social security payments). He said something about this "temporary" situation possibly working for five years. Is there any basis for this? What would this "temporarily remote" status allow me to work for the US entity as an employee?

    Addresses: I know I could get a US mailing through a UPS store or USPS post office while living in Canada, but would that actually be helpful in my situation?

    Expert advise: What are the correct resources or professionals to get these answers from or validate the information I receive here? My employer is very unlikely to be willing to jump through lots of hoops or expenses to accommodate a lone employee moving to Canada (such as establishing a Canadian business entity and payroll), so I want to give them as much information as I can about options to make things go smoother.

    Help, please and thank you.

    submitted by /u/dual_remote_dev
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    New home with no backyard access

    Posted: 19 Aug 2020 12:42 PM PDT

    We are buying a new construction home. The original floor plan had a sliding glass door to a cement patio in the backyard. Because of the slope of the land on the lot where we are building, our house has a basement. The builder told us they will build a deck to replace the patio that was originally included in the floor plan, since it will be too far off the ground to have a patio. During the builders meeting it was not clear exactly what the slope of the land would be. After construction started, I found out the deck is going to be about 8 ft off the ground. Out of curiousity I asked the builder what side of the deck they were planning to put the stairs on and they said "We aren't building stairs, just a deck". So basically what I am getting is a balcony with no backyard access. I checked the contract and it says "Possible steps from garage and patios based on topography per lot". I pointed that out and the builder just said "Well you are getting a deck not a patio so that doesn't apply." After some more discussion the builder said they can add stairs for an extra cost, but we are already at our budget. I feel like no buyer would reasonably expect to not have any direct access to their backyard, like having to go out the front door and walk around to the back. Am I being unreasonable?

    Edit: The location is Idaho, USA

    submitted by /u/natureruler
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    My job hasn’t paid me since April. Can I quit and receive unemployment?

    Posted: 19 Aug 2020 01:59 PM PDT

    I'm a commission sales person in Minnesota and am paid quarterly. First quarter ended in March, paid in April. Second quarter ended in June & still haven't been paid.

    There's a few variables that I feel are important: 1. I get a bi-weekly draw from my commission that is deducted at the time of payment. 2. I'm paid on the gross margin on the jobs I sell. Meaning if the installers do a crap job and I have to send them back, again and again, the project gross margin suffers and I'm paid less. 3. The person who handled my spreadsheet (excel that shows all my jobs, costs, hours, etc) for the company was fired in June. 4. The aforementioned terminated individual was fired for stealing from the company. 5. My department brings in 60-70% of all revenue for the company as a whole-which leads me to believe he was stealing from my jobs as well. 6. I signed a no-compete when I joined the company. Which I feel they are in severe violation of by delaying my pay for such an extended amount of time.

    The excuses I'm getting for not being paid yet is that because this guy was fired and another guy had cancer & Covid hit. They've offered to give me a check for an "amount", whatever I decide. But I'm hesitant because they haven't shown me any information in regards to my final revenue for the quarter or anything to base an amount off of. I'm afraid I'll ask for too much and will be in the hole. I'm so frustrated with the whole situation and am wondering what my next steps legally should be. Thanks in advance for any advice given.

    submitted by /u/thrway4reasons
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    Neighbour took down fence and won’t give fence boards back

    Posted: 19 Aug 2020 07:42 PM PDT

    (Canada) So my neighbour has decided to take out a portion of the shared fence we have and is refusing to give back the boards on my side of the fence. Now my fence looks very odd. What can I do in this case? The fence post is shared between us but the boards on my property are now in her possession and she is refusing to give them back. Thanks in advance.

    submitted by /u/NoConstruction1026
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    Mask requirements for small business?

    Posted: 19 Aug 2020 08:42 PM PDT

    Hello,

    Just a simple question- as a small business (convenience store) in WA state, do I have grounds to refuse service to someone who won't wear a mask? Even if they claim to have a health issue (does claustrophobia even count?). I have read that a business does not have to make accommodation for people who cannot wear a masks because it puts others in danger but I have not read enough to completely understand what I can do as a business owner. Thanks for any advice.

    submitted by /u/orangecactus06
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    Ceiling caved in and apartment managers say it’s not grounds to break lease

    Posted: 19 Aug 2020 11:12 AM PDT

    My bf and I live in an apartment in Dallas Tx. Yesterday morning the ceiling in the living room cracked while I was standing underneath it and within an hour most of the ceiling was caved in by nearly a foot. Maintenance came by and patched it up and it is currently being propped up by some 2 by 4's. The maintenance man told us that our building is shifting and that's the reason for the ceiling caving in. The apartments hired a contractor to come redo the entire ceiling tomorrow. We don't feel safe in this building anymore and asked the managers if we could break our lease 3 months early. They became extremely abrasive and told us that the maintenance man doesn't know what he's talking about and they're fixing the problem in a timely manner so they won't let us break the lease. Should we just suck it up and wait out the 3 months or do we have grounds?

    submitted by /u/CystyWrist
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    A video I made went Viral and was used on national news without asking me, can I do anything?

    Posted: 19 Aug 2020 08:27 PM PDT

    I recently made a video that went somewhat 'viral' at least for me. My dad called me and said it was on NBC tonight and sure enough there it was. Parts of it were used and taken completely from youtube. Just seems kinda messed up to me.

    Is there anything I can do? Talk to NBC? Any possibility of a license fee or anything? Should I talk to someone about it? I have never had anything remotely like this happen to me, I need advice yall.

    submitted by /u/Attempt-Middle
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    Insurance company coming after me

    Posted: 19 Aug 2020 09:16 PM PDT

    I am a wedding videographer, one of my couples cancel their wedding due to COVID-19, I didn't refund the deposit to my couple, because on the contract, it says deposit is not refundable due to any reason. Turns out they bought the event insurance, I guess that's the reason they insist on cancelling. Anyway, the insurance company pay them the same amount of money(Deposit), and then the insurance company ask me to reimburse the insurance company, they says there's a doctrine of frustration clause in Ontario provoince applies to this case, makes the contract null and void. I have no agreement and contract with this company, they are coming out of nowhere. So what should I do? Anybody experience the same things before?

    submitted by /u/gdwxw
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    I was not billed by my lawyer for 3.5 years despite repeated requests.

    Posted: 19 Aug 2020 12:19 PM PDT

    I was involved in a multiyear lawsuit where I was represented by a single lawyer. Their office continued to do ongoing work for the case but failed to bill me despite my repeated requests for an update on the costs I was incurring. They recently delivered a bill for an extreme amount of money and stating any amount not paid immediately would begin accruing interest. This happened in Colorado, USA.

    My question is, are there any consumer protection rules or laws against this sort of practice?

    submitted by /u/mathmansam
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    Landlord increasing rent by 20% on the first of next month

    Posted: 19 Aug 2020 02:31 PM PDT

    New York State, not NYC

    Just like the title says, my landlord showed up at my door today and said our rent is increasing from $750 to $900 as of September 1st (11 days from now).

    We had a lease in place when we first moved in a few years back, but I guess we've been month to month since the first one expired since we never signed a new lease after that term expired. The landlord said a new lease agreement should've already come to us in the mail, but as far as I'm aware, we haven't gotten it.

    Do I have any recourse here? My wife and I can't really do $900 per month, especially on such short notice.

    submitted by /u/Spanky_McJiggles
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    Neighbors allow dogs to use patio as bathroom now the smell is unbearable

    Posted: 19 Aug 2020 02:05 PM PDT

    I live in an apartment complex around St. Louis MO. The people below me have moved in for almost a year now and don't take there dogs out like normal people and instead just let them out on the hard patio and let them use it as there yard. It's been going on since they moved in and it's so bad that the urine can be smelled anywhere near the property. I talked to the neighbors first and they dismissed me like it wasn't an issue and then I went to the property manager and they say due to the COVID laws they can't evict them over it. I can't even open my windows on nice days or sit on my patio due to the smell. Do I have grounds for withholding my rent until something is changed? Or would I end up getting into trouble legally or financially if i do

    submitted by /u/Willing_Effect_6441
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    (RI) Found a wad of cash inside a tree in the woods

    Posted: 19 Aug 2020 08:53 AM PDT

    This happened just now. I'm on a walk with my kid along a bike path that goes through some woods. My kid found the cash while poking around inside a rotted hollow part of a tree trunk. It's wrapped in a black plastic bag. I've counted and it's several thousand dollars in $100 bills.

    Obviously someone put it here for reasons I don't want to get mixed up in. Do I leave it and pretend this never happened or bring it to a police station? If I turn it in, should I have some kind of legal aid to keep my own name clear?

    Thanks, recommendation ASAP would be really appreciated since I don't want to hang around here.

    submitted by /u/cashlegalthrowaway
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    Sis using my Covid quarantine to rush Mom's Estate settlement w/o giving me any time/say.

    Posted: 19 Aug 2020 12:41 PM PDT

    TL:DR Sister (executor, Virginia, USA) heard through fam I'm stuck in place out of state. Lawyer quickly dropped settlement with backdated/misdated more than a month docs (compared to when they were Fedex'd to me) It also references a number of addendum/supplementary material that's not included. Compared to paperwork I've managed in my decades of real estate jobs, it's charitably "unprofessional" looking.

    Question causing my immediate inability to sleep: Do I need my own lawyer immediately to "qualify" a rejection the terms? Essentially, what's the minimum I need to do in order to reject the settlement to give myself & future representation opportunity to work on specific issues?

    Issues further causing me worry: USPS is apparently significantly delayed these days so I'm unsure if certified mail would be received in time. Also, it is exceptionally dangerous for me to risk going out in public if it is not absolutely critical (our home has Three incredibly high risk persons in it. ) Email or some other safe communication method that CAN qualify me as having properly rejected by deadline would be a god-send.

    Taking care of Mom during her long illness (w/o any help from sister) and now the Pandemic has wiped out all my savings so I've tried the find legal help sources here but got lost down that rabbit hole. (I couldn't find "estate help", just more common options (family court,debt,consumer,housing rights,etc)

    Any advice as to whether this is even a situation where free/reduced cost help is possible in Virginia would be a great help as well or if I'm penny wise and pound foolish going down that road to get help.

    And any thoughts you might otherwise have are welcomed and greatly appreciated. I'm completely wiped out by all of this + current events so it's likely I'm not together enough to know what questions I need to ask.

    Thanks so much. HTW.

    submitted by /u/Honor_their_Wishes
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    My Job Has A 8-10 Year Old Employee

    Posted: 19 Aug 2020 09:25 PM PDT

    I work at a local business in Wisconsin where we have people work the front retail area and people working in the back doing different types of preparation. We have an employee who must not be able to find a babysitter so their child comes into work. The child is very young, I'd guess around 8-10 but I'm bad with kids ages. It started off with him just playing games in the break room, but soon I noticed he was stocking the merchandise and helping with preparation. One co-worker asked me if he had worked for two or more hours one day, I lied fearing he'd get in trouble since he hadn't. I found out this coworker is paying him in dollar menu McDonald's. I want to report this but I'm scared my boss will know it was me or I may be wrong because of some technicality. Am I able to report this without anyone knowing it was me? Am I correct in assuming this is illegal? Will this hurt my coworkers, I don't want people to lose their job when it's so hard to find work right now

    submitted by /u/throwawayyourbottles
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