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    Monday, October 12, 2020

    Legal Advice - My Mom’s Company Has Not Been Covering Her Medical Insurance Even Though She Has Been Paying.

    Legal Advice - My Mom’s Company Has Not Been Covering Her Medical Insurance Even Though She Has Been Paying.


    My Mom’s Company Has Not Been Covering Her Medical Insurance Even Though She Has Been Paying.

    Posted: 12 Oct 2020 01:22 PM PDT

    Just wanted to ask a quick question, I'm sure this won't be terribly hard to resolve.

    My mother's company has been paying her insurance benefits for the last 3 years, as stated in her contract. Recently we found out that her and all of the other employees have not been receiving benefits for the last 3 months. These benefits for her amount to around 4000 dollars.

    At this point she wants to leave the company. The insurance issue is not the only reason, but this recent problem has pushed her over the edge.

    I just wanted to ask what would be the best way to proceed would be. Is she entitled to the coverage that she has been paying for? Could she sue for the 4000 in cash or do they just owe her 3 months of insurance? Does she have the right to any compensation in the first place? Finally, is it worth going to the department of labor with this issue?

    We want to get our coverage reinstated as quickly as possible. Any tips for proceeding would greatly be appreciated. Thanks!

    Edit: We are in Ohio

    submitted by /u/YerboyBOBOBO
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    Just found out that our HOA is evicting us by December 1st. Can an HOA legally evict tenants?

    Posted: 12 Oct 2020 05:21 PM PDT

    This is in a town called Bow Mar, Colorado. We are six graduate students living together and we signed a lease until August of 2021. Our landlords never told us that there was a 2 unrelated persons maximum per household. We got an email from our landlords saying that the HOA needs us gone and we have until December 1st.

    We're all at a loss here and are worried about having to move during the semester (around finals). We also don't even know what our legal situation is here. Who's in the right? Do we have any say, or are we just screwed over because we weren't told about the HOA rules?

    UPDATE: This might not be coming from the HOA. After emailing our landlord, it appears it is coming from the town we live in. However, this still doesn't change that the occupancy limits were not displayed on our lease.

    submitted by /u/Imgonnagetgrapes
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    Gave two weeks notice of my resignation, manager told me it was effective immediately.

    Posted: 12 Oct 2020 11:24 AM PDT

    Was I technically fired? I can't get ahold of anyone in HR or payroll to find out what is listed as my last day/ reason for separation. Do I file for unemployment for the now three weeks I have until my new job starts? Several friends have told me they have to pay me for the two weeks, but being in Ohio and an at-will employee I don't believe this is the case.

    Any advice would be appreciated.

    submitted by /u/2x2cats
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    Stepmother claiming she has legal custody of my daughter when she does not. Is this legal?

    Posted: 12 Oct 2020 06:43 AM PDT

    I currently have a DFCS case open due to mental health issues. We signed a safety plan, but we have not gone to court and there has been no legal exchange of custody. My stepmother has been telling everyone she has legal custody of my daughter. She told my daughters pediatrician, my counselor, family, and pretty much anyone else she comes in contact with that she has legal custody. She has been able to obtain information about me and my child this way. Is this legal?? I am in Georgia.

    submitted by /u/nervousrex1
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    Can I be made to take a paternity test and if I’m the father will I be responsible for 7 years of child support in this situation?

    Posted: 12 Oct 2020 07:16 PM PDT

    Im not sure I picked the right flair. I tried to pick the one that most closely fit.

    So I (m30) recently got contacted by an old college friend, Fiona (f27) who I had been sleeping with on and off during my senior year of college. Found out that she had a son, Sam (m7) after I graduated. He would have been conceived around that time we had been sleeping with each other and honestly Sam does look eerily like me.

    Fiona couldn't get in contact with me at the time (I sort of went off the grid for a couple years after college), but she decided to keep the pregnancy. She and her parents also decided they would legally adopt him, so she could continue with her life how it was and still be in Sams life. I know the adoption is real because she showed me his birth certificate to prove his birthday was what she said it was and both her parents were listed as his mom and dad.

    Fionas dad had some medical issues and passed away years ago and now her mother is also having medical issues. So Fiona will likely have to take full custody of Sam soon.

    So because of that and some money issues Fiona now wants me to pay child support and help out raising him. She says if I don't get involved she will sue me for 7 years of child support which I imagine would be a very substantial amount of money that I cannot afford. I'm not sure I could even afford regular child support payments.

    I'm really not sure how all this works in this situation, so I did set up an appointment later this week with a lawyer, but I'm really nervous and would like some other input sooner. Basically my questions are:

    Would I be responsibly for 7 years of child support?

    Would I be responsible for monthly child support now?

    Would I be responsible for taking care of this child now?

    Can I be compelled to take a paternity test?

    Also we're both in the U.S. but I'm living in California and Fiona is living in Georgia if that changes anything.

    submitted by /u/amirespnsblthrowaway
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    Can I legally be charged a broker fee for my new apartment rental if I didn’t have a broker?

    Posted: 12 Oct 2020 09:00 AM PDT

    My girlfriend and I just applied for an apartment in Boston. After completing all of our application requirements, the property owner is trying to charge us a $900 broker fee (she said this is half of the usual broker fee). However, we found this apartment on Facebook marketplace and only spoke directly to the current tenants to get us where we are today. We are taking over their lease and they gave us the tour as well as all of the information for moving in. The only thing the property owner did for us is provide us with / review our applications. Do we have to pay this broker fee even though we didn't technically have a broker?

    submitted by /u/donniethediver
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    My daughter's best friend (M 20) was killed in a car accident on Friday in a head on crash with a city vehicle. The police department won't return his phone and have been pressuring his family for passwords, which they haven't given. Is this legal?

    Posted: 12 Oct 2020 05:57 PM PDT

    In Ohio, and the PD has told the family they need it because the crash involved a city vehicle. In addition it seems like they may actually have gained access to his phone, because people have reported that snaps they've sent to his phone have been opened. This is secondary obviously to the question of what the family can do to get his phone back and allow them to grieve without the police pressuring them. Thanks in advance.

    submitted by /u/brav_
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    My daughter has 6 broken ribs.

    Posted: 12 Oct 2020 09:36 AM PDT

    For some context, my 3.5 month old daughter has been in the PICU at a Children's Hospital for the past two months.

    My wife received a call yesterday from the hospital to let us know that she won't be able to come home today, a chest X-ray revealed 6 broken ribs on her left side. The kicker is the hospital just flat out doesn't have an answer as to how this happened besides their routine procedure they do for her lungs called chest physiotherapy.

    My daughter Brexley has Trisomy 18 and was rushed to the ER on the verge of cardiac arrest about 2.5 months ago and received 45 minutes of CPR to save her life when her heart stopped twice from a viral infection coupled with heart failure caused by her PDA being open (which the same hospital sent us home from the NICU claiming it closed).

    I'm hoping someone here can give me some guidance, my wife and I just can't believe how the only Children's hospital in our state can just fracture her ribs and shrug their shoulders.

    It is very rare that CPT breaks an infant child's bones, but to have 4-5 broken ribs on one side seems like severe negligence.

    We know that the CPR she had 2.5 months ago didn't cause any of the breaks since she has had regular chest X-ray's since then as well as not experiencing any discomfort due to pain until 4 days ago.

    submitted by /u/TroIIPhace
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    My mom used a PayPal account in my name and committed fraud with it. Is there anything I can do?

    Posted: 12 Oct 2020 04:21 PM PDT

    A friend of mine told me to post in here about this, and I'm brand new to Reddit because of her recommendation (long time listener, first time caller), but here goes.

    In 2006 I turned eighteen and my mom asked if I could create an eBay account that she could use for her "small business"-- essentially reselling items online. I said yes, and didn't think much of it. Four years later I moved out of state and found out she had been putting other accounts in my name and overdrafting/accruing late fees without my knowledge. I ended up waiting until the seven year mark where they would fall off my credit report, and only felt a bit of resentment toward her for her actions. She maintains that those things happened because she had to pay my bills for me for a few months in 2009 while I was out of work.

    Anyway, back to the point of this post. On September 22nd, a friend of mine requested some money through PayPal for some masks she was making for me. I made a PayPal account (my first, to my knowledge) and it was immediately hit with limitations for an existing balance for a different account. After some digging, I found the email address associated with the account and regained access to the eBay account. There was an overdraft balance of about $105, which I paid because I just wanted to have a PayPal account.

    After a couple of weeks, I noticed the limitations were still on my account so I contacted PayPal directly. Several phone calls and online chats later, I found that there was a separate PayPal account with the same email address as the old eBay account. This PayPal account had a negative balance of over $500. I texted my mom about it, and she denied everything, saying that I need "proof" that it was her, and that "eBay does chargebacks all the time... it's part of it." I had to go back and forth with the Collections department and the Customer Service chat to even get enough account information to access the account-- the associated mailing address was the one we lived at when I was eighteen and the phone number was one I have never had. I finally get access, but I cannot log in until I pay the amount owed.

    I want her to be held accountable for this, so I requested PayPal to send me an itemized statement of the debt, which they said will take up to ten business days. Even with the proof I am doubting that my mom will actually pay them. I am considering taking legal action, but as the PayPal account was last used in 2013 I'm not sure if it falls within the statute of limitations. For the record, I only found out about this negative balance on Saturday evening.

    Can I take her to small claims court or something? We live about 2500 miles apart. Is there something that can be done fully online in order to fix this? (I realize our relationship is already destroyed, so I'm not looking to save her any feelings or anything, especially after all of the time and effort I've spent trying to make good on this.)

    ETA: I live in Arizona and my mom lives in Pennsylvania.

    submitted by /u/dinoruckus
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    Is there anything against an employer forcing an employee to take weekly covid tests and have it charged to their perspective insurance. Shouldn’t this be something that the employer has to pay for since it is them who is enforcing it? FYI this is for a New York resident

    Posted: 12 Oct 2020 12:09 PM PDT

    Bought a house with girlfriend, now we're broken up and she wants her money back.

    Posted: 12 Oct 2020 04:32 PM PDT

    Indiana, United States resident.

    Long story short, we purchased a house several months ago, we split the down payment but it was placed in my name due to her having little credit. Every story I heard of people buying a house with someone else always ended badly but I was convinced it wouldn't be an issue, we were planned on getting married after all. Fast forward and look where we are. She's not paid her half of the mortgage the last 3 months yet has continued to live here. She wants me to simply give her what she put down on the house and let her leave. I cannot afford to give her 10k nor take on her half of the mortgage do naturally I refuse. My plan is to sell and split what we make, but it'll surely be for a loss once all expenses are totalled. She absolutely does not want to do this as it would mean she doesn't get her full 10k back. Her plan seems to be live here rent free until she recuperates 10k back. I never thought we'd ever break up, let alone get this ugly. Legally, who's in the right here? What is the best solution to this?

    submitted by /u/Crash-Bash
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    Psychotic Ex Keeps Breaching OH CPO

    Posted: 12 Oct 2020 05:37 AM PDT

    So back in July I got an emergency CPO granted by a magistrate, because my ex held me hostage in my car, was blackmailing and extorting me, and harassing and stalking me. He started to harass my family and friends. He has lied to an insurance company about a car accident I had so now I may be under investigation for insurance and medical fraud because of his bullshit claims.

    I have over 15 criminal cases currently open against him. IDK how many more are still pending. He has taken it from light stalking to accessing my gdrive and deleting emails to my lawyer for the CPO case, accessing and deleting my entire drive full of my evidence against him, and stealing pornographic photos of myself and an entirely different ex boyfriend before him.... Who is in the military. I warned my ex and he never replied to the messages psycho sent....

    Basically 10/10 unhinged mentally.

    However this morning my best friend out in Cali texted me saying how psycho is trying to friend her on FB. They spoke and met in person literally once for a handful of minutes back in April. That's it.

    I am... I am at my wits end. The man is torturing me. I am keeping my nose clean and not engaging or replying back. I am just quietly documenting and reporting everything but it doesn't make him stop.

    He keeps doing this through anonymous apps and in ways that keep him hidden so the cops are struggling to prove it is him even though by this point they all see and know it is him.

    I'm scared he is gonna try somehow to drag my best friend into this. I'm scared and IDK what to do anymore. He keeps getting extensions on every court date, pushing everything back to make it take as long as humanly possible. Subpoenas and the investigation are taking forever. My detective told me this can last years with how he is doing it.

    I don't know what to do. What steps I should take. I don't know how to handle thia anymore guys. What do I do?

    submitted by /u/DaddiesBrattyKitten
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    My sister who’s a minor needs to keep her money from her dad (not my dad) - CA

    Posted: 12 Oct 2020 10:46 AM PDT

    (He can't know i am involved because once she was hospitalized he wouldn't even let me talk to her on the phone because he has that power as her parent/legal guardian)

    So my sister is planning to work soon and she really needs to be able to keep her own money to get up and out of the place she's living in. I unfortunately can't help support her yet because I don't live on my own and I can't take her with me. She's only 16. I can't set up a bank account for her because I'm not a legal guardian. I'm not sure how savings accounts work if it's for someone else or she's a joint owner.

    Her dad withholds information from her because he thinks she's gonna use it to "escape." We know he wants to use the money she's gonna be earning. Her grandma also wants some of that money to send it to her relatives in our home country. She knows her social security number, but doesn't have an ID aside from school ID. She's working on finding her birth certificate. She asked for a bank account and he said "you won't need that." She wants to be able to control her money & save it to be able to remove herself from the toxic environment.

    is there any way we can work around this? I thought about getting a savings account & having her deposit the check through there. i also thought about having her endorse her check to me so we can control the money her family gets.

    submitted by /u/sunkissedmermaid
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    My neighbor dispatches sex workers to my house.

    Posted: 12 Oct 2020 09:13 PM PDT

    I live in a beautiful victorian 4-plex across the street from a large apartment complex in Oakland, CA. For the past 11 years one of the neighbors has been calling sex workers to my address and taunting them from the comfort of his apartment. He can see them clearly when they're standing on my porch. It's happened over 500 times. He does it at least 3 times a week.

    I've chatted with the ladies and gotten his number. I've filled police reports. The police wouldn't even open a case.

    This often involves angry women trying to bash their way into my apartment to find the nasty John. I felt bad for them, but I feel bad for me too. I have kids and they have been dealing with this their whole lives.

    I need this to stop, and I want to sue this man for the emotional distress he's caused. My neighbors in this building all share my frustration.

    How do I identify him with certainly and hold him accountable? What should I do?

    submitted by /u/Aogenoren
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    [USA - OH] Landlord notified me today (10/12) to evict by Thursday (10/15)

    Posted: 12 Oct 2020 03:58 PM PDT

    Today, my landlord provided myself and my roommate a notice that he is evicting us for not paying rent. He wants us out of the apartment by Thursday.

    The problem is, we paid rent, but he hasn't cashed the check! He provided zero notice until today, zero reminders about rent. Our lease expires at the end of October and my roommate and I intended to continue staying here. We have been waiting for a notice of new rates, but haven't received anything.

    The current owner took ownership of the building this year, just before COVID-19 hit. He has been wildly unresponsive to maintenance requests and any communications in general. For example, the basement - where our washer and dryer is - floods after rain storms, so we can't do laundry. There are four apartments in the building and we are the only tenants affected by this particular issue.

    My question is, how do we proceed from here? Are we being bullied into leaving? What rights do we have?

    submitted by /u/thr0w-away-12345
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    Failure To Appear License Suspension

    Posted: 12 Oct 2020 05:09 PM PDT

    Hi, back in April two of my friends and I went hiking on a trail in Arkansas that was closed and we got Citations of Class C misdemeanors with a scheduled court date in August. We had full intention of paying the citation, however the courts were closed until then, so we tried to pay online. Over the next 3 months, the citation never showed up in the online court's payment system. Since the hiking trail was only closed for a couple days, and the citation never appeared, we figured they may have just given us a warning or something. 20 days after our supposed court date I went and renewed my license just so I could get a federal ID with no mishaps. October rolls around and all of a sudden we finally get letters in the mail saying our licenses our suspended. We go to check the court online payment system and it still says "no citation found." We went to the county courthouse to get our warrants removed, and the deputy said that we could just go to the district court to pay off our citation/fta and then get our licenses back. When we went to the district court they said we had to wait a whole month for our second court date. We have jobs/school and need to drive. Is it true that we have to wait the whole month before we can do anything?

    submitted by /u/Its_JuEn
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    I am a 1099 employee and my employer refuses to sign a contract with me - now they want a W9 from me. How can I protect myself?

    Posted: 12 Oct 2020 01:58 PM PDT

    A classic blunder. This all started when a friend's company began seeing success for the very first time. As a start up seeing rapid success, I was called and offered a position to help expand and grow the company and that offer came with many promises. Get in on the ground floor! We had to move fast, and given the pandemic and current job market it felt good to join something with so much potential, especially working with friends on a fun, new project. I had been unemployed since before the pandemic even began, so I hopped on and have been paid monthly since....but much less than what was originally promised.

    The pay was always explained as being contingent on the company's overall success (which we have been successful). I was offered an ownership option, future benefits, a solid floor and high potential. We did move fast, and a couple of weeks in I started asking about a written agreement. It was then that I was told that the agreement would come in the form of a 1099, not as a part owner of the company or employee, as was originally promised. I was told that the contract was in the works and that it would be brought to me asap - asked to understand that we were busy and a verbal agreement should work for the time being. As time continued I have slowly started to realize that a contract will most likely not be offered. I am in Washington State and the company is based in New York, New York. The pay (albeit much smaller than what was originally offered) continues to show up on time, and the potential still has promise of a high ceiling, however getting this all in writing will clearly not be happening. It has been over 10 months now and though I do chime in from time to time to ask about it, at this point it feels like kicking a dead horse and the power is simply not in my favor.

    Recently I was asked to provide a W9 - something I have not provided yet. Without a contract in place I am hesitant to provide this document. I haven't felt secure in my position, nor comfortable knowing that I could be cut out at any given moment. There are clear reasons to avoid putting my agreement in writing, none of which bode well for me.

    What can I do to secure myself and the pay I was promised? I have done so much work and given so much of my time. The promise of a larger pay day is still on the horizon and I know the money is real... but this is all based on faith in my friendship, and I fear that I will be cut out just before that payment. As we approach the end of the year I'm starting to fear the worse. For business tax purposes, the payment will have to be withdrawn from the company. Now with them asking me for these additional documents without having yet agreed to a contract...well, the red flags are flying all over the place.

    What can I do to secure what is rightfully mine? How can I set myself up now just in case this has to be taken to court? Without a contract in place, will I ever have a leg to stand on legally? And should I give them my W9 before signing an agreement?

    Thank you for your help.

    submitted by /u/contractblunder
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    ex got a protection order against me but is still trying to contact me. What can I do?

    Posted: 12 Oct 2020 07:57 AM PDT

    Throwaway for protection reasons. As title states, ex got a protection order against me but is still trying to contact me.

    Backstory: Caught my ex cheating and we broke up. I was an idiot and still talked to her after the breakup, she was adamant about reconciliation but she is living with her affair partner and would ghost me every day, then contact me the next day to apologize. I understand I am an idiot and the folks in another subreddit helped me through that. I go no contact and ignore her attempts to talk to me. I was doing fine until last week when I was served with a Temporary Protection order. Crazy as it sounds, this all actually happened.

    Now, she is still trying to contact me. I have emails of her saying she has no intention of appearing to the hearing and that she doesn't want it to be like this. She's also threatening me by saying she'll call the cops and say I'm harrassing her when I'm not doing anything. I'm just trying to live my life and move on.

    My question is what can I do legally to protect myself?

    submitted by /u/Throw_AwayRAS
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    Can a landlord compel me to conform to a certain diet?

    Posted: 12 Oct 2020 09:25 PM PDT

    My landlord and I live together and we generally stay out of each other's way. My landlord is a vegan for health and religious purposes and I generally try not to cook any sort of meat-based products when he's near the kitchen, out of respect.

    I was stopped by my landlord today and was informed that as of this day, I am no longer allowed to use the kitchen stove or the microwave to prepare any meat-related food, including takeout. It's one thing avoiding cooking meat out of respect and another being outright forbidden from doing so. I feel uncomfortable being "banned" from cooking what I want to eat, in a house that I paid rent for.

    I read through the lease, which wasn't very long nor comprehensive, but does cover these clauses which I think may help:

    USE OF THE PREMISES: The Tenant may use the Premises only as a single family residence.

    QUIET ENJOYMENT: The Tenant may live in and use the Premises without interference subject to the terms of this Lease.

    These clauses seem pretty standard though and I'm not sure how these could help me. Is there any way to push back from this new rule that my landlord is unilaterally imposing?

    Location: CA

    submitted by /u/dos_127_0_0_1
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    Apparently half of my family’s land is gone?

    Posted: 12 Oct 2020 10:21 AM PDT

    This is kind of a messy situation and is a little confusing, but I'll try my best to clear it up as much as I can.

    My grandparents bought roughly an acre of land in Texas back in the mid 70s from the original land owners. We shall call her Sue. This is where my dad grew up most of his childhood until he graduated and moved on. My grandparents lived there until they passed. Grandpa died in 2008 and left the property to my grandmother and she gave the land to my father in 2017 before she passed. This land is also being willed to me when he passes. I spent a ton of my childhood there so it's very sentimental to me.

    This property is split pretty much down the center by a driveway. Back a decade or so, there were 2 houses on each side of the drive way both owned by my grandparents. They were torn down by my father cause... well they were literally falling apart. The only thing left standing is the garage at the end of the driveway and 1 room from the house on the left side of the driveway that is currently being used as storage.

    No one currently "lives" out there but my dad goes down once a month to mow and collect whatever may be in the mailbox on the left side of the driveway. Also he stores work related stuff in the garage and checks up on it.

    Cool, so apparently some time this year he pulled his trailer onto the left side of the property to unload the mower, like he usually does, and one of the neighbors that owns the property beside ours says that we are not allowed to park on "their property"????? My dad kinda just laughed at them and told them to kick rocks but then was demanded that he moved his trailer. After arguing for a bit the neighbors proved that they owned everything on the left side of the driveway.

    This is where is gets a little messy. According to some "CAD" website that shows property details, our neighbors bought the left side of the driveway in 2004 from Sue. I guess they just let my grandparents live there until they passed? But is some kind of twist, this "CAD" website also shows that we own a huge chunk of our neighbors property that is currently separated by a fence on the right side of the driveway. Like much bigger that what our neighbors "bought" on the left side. The neighbors aren't new, they have been around for decades, so they know what should be theirs and what's not.

    Ohhhhh and this might throw you for a loop but Sue died back in 1997..... so yeah, there's that.

    Anyways, I don't really want the land that is behind our property that should be our neighbors. I just want the land that I grew up on. But with as shitty as they have been to my dad in the past few months I might just say screw it and rip that fence down and claim all of our shit that's according to the website.

    submitted by /u/Kysario
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    My neighbor has a large dead oak tree that leans over the property fence and my driveway, we have asked it to be removed but is there a legal way to compel them to action?

    Posted: 12 Oct 2020 04:42 PM PDT

    We noticed in the Spring, saw a truck come out and inspect it, but 6 months later it's still there with winter snow just around the corner. This tree is large enough that if it fell in the wrong direction it could easily crush my car and bedroom.

    Michigan.

    submitted by /u/KnowsIittle
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    [UK]: The directors of my company thinks corona is scaremongering and a conspiracy and forces employees to come into the office. Threats with twice the workload if you decide to stay home

    Posted: 12 Oct 2020 02:36 AM PDT

    I'm from Liverpool where we're about to enter a new lockdown and our company forces us to come into the office because the directors of the company thinks corona is a hoax. They did allow us to work from home but told us we'd have to work the double if we didn't want to come in. Surely this must be illegal on some many levels? I'm not in a position to quit with the situation that's going so is there anything I can do?

    submitted by /u/othellio
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    FB marketplace seller threatened me with my home address and photos of my child

    Posted: 12 Oct 2020 07:09 PM PDT

    I was trying to purchase an item on Facebook marketplace and because my offer was too low, the seller got angry and there was verbal insults back and forth.

    Then he sent me a Facebook photo of my child (from Facebook) and my home address, which I believe he found on yellow page like website.

    Is this considered a verbal threat? Should I take to the police? What constitutes it as a real verbal threat?

    Edit: I am in CA

    submitted by /u/plee1234567
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