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    Saturday, November 7, 2020

    Legal Advice - [Colorado] Injured at work, receiving workman's comp. Employer says I can no longer say "no" to cover other people's shifts, making me miss my physical therapy appointments.

    Legal Advice - [Colorado] Injured at work, receiving workman's comp. Employer says I can no longer say "no" to cover other people's shifts, making me miss my physical therapy appointments.


    [Colorado] Injured at work, receiving workman's comp. Employer says I can no longer say "no" to cover other people's shifts, making me miss my physical therapy appointments.

    Posted: 07 Nov 2020 09:37 AM PST

    hello, I'm working in Colorado as a shift lead for a restaurant. I was recently injured at my workplace and am going to physical therapy appointments with workman's compensation.

    I try to schedule my appointments around my days off or after work so that I can actually go to them, but my work tells me now that I can no longer say "no" to come into work on my days off to cover other people's shifts when they call off. this means that I am missing my workman's comp physical therapy appointments. my boss says that because other employees do not wish or cannot cover shifts, leaving me as the last option, I am forced to say "yes" to come into work, and cancel/miss my appointments.

    is there any sort of rule that says doctor appointments for workman's comp are a priority? or is there a rule saying that I have a right to say "no, I can't cover this person's shift because I have a workman's comp doctor appointment today" and not face retailiatory action?

    Thanks.

    edit: fixed ambigious wording. hope the reddit downtime didn't kill any chance for advice haha

    submitted by /u/vekhna
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    Apartment building has essentially banned mail and package deliveries

    Posted: 07 Nov 2020 11:23 AM PST

    Recently, I noticed mail and packages have not been arriving at my apartment building. Packages are marked "delivered" but are nowhere to be found.

    I investigated and found a sign on the front door that alerts mail and package carriers that they cannot leave anything in the building's lobby, even though that's where our mail room is. The sign also says that all mail is now the "Tenants' responsibility."

    Apparently, carriers are now leaving packages outside. This building is in the Bronx on a very busy street, so of course these packages are stolen very quickly.

    With Covid numbers booming, I rely on deliveries to stay safe. Is this legal? Is there something I can do to fight back?

    submitted by /u/Merrrlo
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    Fired from job after not accepting promotion-- now they want to hire me back at 40% salary

    Posted: 07 Nov 2020 05:52 PM PST

    Pretty much what I said above--

    (Edited to add location): Colorado, USA

    The company I work for wanted to promote me. They were willing to offer a 50% salary increase for about 300-400% more work-- Running the entire marketing/internet department. I said no, and that I was perfectly content in my current position. This is not a company that is known for taking care of its employees and having the increase in responsibility would have gone along with substantial stress that I am not equipped to handle.

    I would have accepted the promotion for an increase in compensation that reflected the increase in work, but am not willing to make less than 6 figures to run a whole dept. and run marketing (with no help) for a 50-person company with millions in annual profits. I have done great work in my current position and like what I'm doing.

    Last week, they fired me. They tried to hire someone to do my work, but the quality was horrible and they realize they want me back.

    They offered to re-hire me, but at 40% of my normal salary. They would not decrease any of my responsibilities.

    Question:

    Do I have any legal recourse here?

    Can I file for unemployment even though I have a job offer? (I also make about $500 a month from a side business).

    Thank you very much for your insight!

    submitted by /u/loveisintheair2night
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    [Oregon] I was a victim of domestic violence and handed in a lease break letter with a police report to be removed from my apartment lease. 4 months later, I find that I'm still on the lease, they refuse to remove me, and my ex got a lease violation. How can I keep this from affecting me?

    Posted: 07 Nov 2020 12:48 PM PST

    My ex and I lived together before he became physically abusive. Per Oregon law, I obtained a lease break letter from a domestic violence agency and attached a police report outlining the abuse. I handed it to the front desk, they told me I was legally free to go, and I found an apartment with a private landlord. I kept receiving e-mails from the property despite unsubscribing from their mailing lists, so I called last month to see why. It turns out I was still on the lease. I asked why, since my lease break letter legally removes me from the lease and its obligations. I was then told I was removed. Cool.

    I called back this month in response to a text about a lease violation - my ex was smoking on the stairs and it's now on our record. I asked why I was still on the lease when I was previously told I was removed. It was confirmed that I was still there, and was told I was removed again. Cool.

    Yesterday, I got an e-mail about a $1,165 balance on my account, so I called and talked to the new manager. My name is STILL on the lease! I was also informed of the lease violation, and asked him if he understood how that could impact me getting into housing in the future. He told me the violation was specifically under my ex's name and not mine, but given to our unit. So I asked him if he would then tell landlords who asked that I had a lease violation, to which he said "we would tell them that there was a violation in your unit, not that it was you specifically." I told him that was unacceptable since landlords don't have any way to know it wasn't me, nor will they ask - that phrase makes me look like I participated in the violation. I also asked why my name is on the lease after giving in the letter, and he told me that no one is authorized to remove my name from the lease. He acknowledged that while they lost my documents, there's a record of me handing them in and despite that, my name and account will remain associated with that rental until my ex's lease is over. Even though the letter is dated for July 2020, my tenancy officially continues to run and that's what he would tell future landlords, that my lease doesn't end until August 2021. It would clearly look like I'm trying to break a lease illegally. He also told me that while it's likely a clerical error, he simply does not care to fix it as he doesn't have the time.

    Management at this property changes often enough where a new manager can see my account and not understand that I no longer live there, that the violation has nothing to do with me, and that I handed in a legally binding letter to be removed. By the time it's time to look for new housing, a potential landlord could call someone even less aware who could ruin my chances of me having a place to live. It's VERY hard to rent in this area - even people making 3x the rent with a decade of rental experience get rejected for petty reasons. So whatever the reason for me not being removed from this lease has the potential to make me homeless in the future.

    Is there anything further I can do to protect my rental history and be released from obligations to this property? I have a new copy of the police report, but the domestic violence agency hasn't returned my calls or voicemails, no e-mail address. I don't even know if they save these letters on their computer.

    EDIT: I did send a sternly-worded e-mail to the property asking them to confirm in writing the date I handed in my letter, the date of the lease violation, and the language they'd use to describe lease violations associated with me.

    submitted by /u/NaturalDeselection
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    Florida - Purchased a truck with 5 years the SiriusXM traffic link plus. SiriusXM is breaking contract.

    Posted: 07 Nov 2020 04:10 PM PST

    I purchased a 2016 Ram 1500 with the upgraded radio which come with SiriusXM traffic link plus for 5 years ($1,150 up cost) , it's on the window sticker. For the past two years my traffic and weather information would stop displaying, I would go to subscriptions in my vehicle and it would say "not subscribed". I would call and explain and they would try to sell me the subscription, but I would remind them they are under contract and they would re-enable it. About every 6 months this would happen until yesterday when they just said that my vehicle is inactive. I again reminded them of the contract and that 1 year still remains, they confirmed my VIN and confirmed that I did in fact have the 5 year promotion, but that promotion could not be re-applied but they can give me a 3 month trial only if subscribe to it (we are only talking about traffic link plus, not music). I told them I won't give them any financial information and they are not authorized to make any charges with old financial information they may have, and after the year I have left I will think about my options. They said that their customer relations would call me "some time later" to resolve this and until then it is disabled. I told them they have 24 hours to call me before I contact Ram to which they had the contract with. They just past the 24 hour mark and I plan on contacting Ram Monday, but what other things can I do to get the service I paid for and was a selling point on the truck?

    submitted by /u/Projectevaunit01
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    (USA) Booked a vacation rental for 4 days in summer 2021. Rental agency now says owner is switching to week long rentals and if we don’t cancel or reschedule, we lose our deposit.

    Posted: 07 Nov 2020 09:08 AM PST

    I booked a vacation rental originally for 4 days in May 2020 but rescheduled to June 2021 because of Covid. I had put down $2000 and the owner agreed to either refund 50% if we cancelled, or apply the deposit to a later date if we rescheduled. We picked the latter option and thought we were all good until this week when we get an email stating the owner is switching to week long rental periods in 2021 and we either need to cancel and receive a refund, or reschedule for a week and pay the difference. The email specifically says

    "If you do not notify our office concerning your credit within 7 days of this email, you will lose it with no refund issued and the home will be opened to the public."

    This was last Monday. Every day since then my wife and I have called/emailed the office and nobody has answered or returned our calls. It's not possible to go there because it's out of state. I assume they can bump us and cancel our stay, but can they just ignore us then cancel our listing and keep our money? Especially after we've tried to contact them everyday?

    submitted by /u/Friendly_Jackal
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    60 day notice given to housemates now they are destroying my home.

    Posted: 07 Nov 2020 12:51 PM PST

    Recently purchased property and the neighbors built a wall on my property. What do I do?

    Posted: 07 Nov 2020 02:57 PM PST

    Hello! My wife and I just purchased a .5 acre lot in a residential neighborhood in Massachusetts. The property is partially on a hill, and we realized the neighbor actually built a retaining wall and a stone pizza oven on our property. You can tell they know, because our property line markers are in the middle of their construction and there's still material and rusted tools left right in place as if the surveyor came through while they were working and they said "shiiiiiit" and haven't touched it since. My dad has a friend who does wetland surveying and he said it's definitely ours.

    What I'm not sure of is what we should do.. Do we go after the seller for not disclosing such vital information that they knew? Do we sell the neighbor the portion of our land since they already spent probably $40k in stone work? Do we go after both? I dont want a bad relationship with my neighbor, but clearly this is their fault.

    Happy to provide more info if it helps.. just not sure what direction to go in!? Thanks in advance.

    submitted by /u/sullyman4294
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    My wedding reception venue was bought by another company and the orignal venue has ghosted me with my deposit

    Posted: 07 Nov 2020 04:31 PM PST

    California

    In June of 2019 I booked a brewery to host my wedding venue. As the wedding planning went on we decided to elope and use the venue as a reception only event. I emailed back and forth with the owner, Rachel, without issues. We had a date planned for June 2020 and I put down half of the amount for the venue, about $2,500. As the pandemic became worse and California shut down I spoke with the owner of moving the date to October. I thought things would be calm by October. She agreed and drew up a new contract with a new date for October. I pay the second half of the deposit another $2,500.

    As the pandemic didn't settle down 1 month from the date I reached out to Rachel asking if the venue would still be able to host. She assured me it would be fine. Days later I get an email from a different company. This company informs me that they have bought the brewery space and because of contruction they won't be open in October. They say that the brewery gave them the contracts for events that were supposed to be hosted and that they can host my event at a later date. Im completely mentally drained at this point and I just ask if I can be done and get my deposit back. New company says I will have to talk with the brewery about it. So for the last month ive sent multiple emails and texts with no response from Rachel.

    Im at a loss at what to do at this point.

    submitted by /u/verucasweetheart
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    Friend "outed" at work

    Posted: 07 Nov 2020 06:57 PM PST

    [DC] - My friend was forced to take an equity and inclusion training where they were required to provide information on their country of origin, body type, sexual orientation, family heritage, gender, race, etc in a Google doc. This information was then shared to everyone she works with. Being the only Mexican, female, Italian, with an athletic build and being part of a smallish team meant everyone knew her responses. This also meant that they were able to see that her sexual orientation was bi. She had not come out to anyone at work and she believed that her responses would be anonymous. She was essentially outed unwillingly by her employers during a mandatory equity and inclusion training and now has to deal with the fallout of that. She was mortified and this probably significantly impacts her career. Does she have an legal recourse? This training was required and run by HR.

    submitted by /u/BBS_1990
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    Radiation oncologist canceled my cancer treatment after seeking second opinion

    Posted: 07 Nov 2020 08:29 PM PST

    I guess I should start by saying I'm 27M in Pennsylvania and diagnosed with myxoid round cell liposarcoma 2 months ago. 2 months ago I had the original tumor removed by a general surgeon and then started the hundreds of fights with insurance. I had to fill out a network deficiency report just to get a sarcoma specialist in network.

    Finally I found and talked to an oncologist and she began me down the path of radiation for 6 weeks and then I was to start chemo. During all off this I found out that a far away sarcoma center I shall refer to as ABC is in network for me so I decided to reach out and set up a teleconference call with an oncologist for a second opinion.

    I finally spoke with them after my first day of radiation treatment and they said they would like to perform a second surgery for wider margins after my radiation is complete. They also planned to ask my radiologist what dose I was getting so they were prepared and as to why he was radiating my lymph nodes when my cancer does not affect the lymphatic system.

    The next day I go in for my second round of radiation and ask if ABC had reached out for the info they wanted. The radiation oncologist enters and says the words "you should not have done that" and told me that he will not treat me now. Even though ABC Wanted me to continue treatment.. I began crying heavily scared that after finally receiving treatment he kicked me out again and I'm back to square one. He did not care that I was upset and he left the room. His nursing staff are all angels and helped calm me Down and pull my pants up (I was naked waist down at the time as the tumor was on my thigh)

    People are telling me to report him to the medical board but I don't know if that's the correct thing to do. Any advice would be appreciated. I still plan on calling the oncologist who referred him Monday to discuss these events.

    TLDR: radiation oncologist said "you should not have done that" and canceled all further treatment after I got a second opinion even though the second opinion wanted him to continue current treatment.

    submitted by /u/macnachos
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    Need help getting out of my lease in a bad home

    Posted: 07 Nov 2020 06:39 PM PST

    Apologies for format as I'm on mobile.

    So about 3 months ago I lost my apartment due to covid, I was facing homelessness so I was pretty desperate in looking for a place to stay as I needed to go somewhere ASAP. I found the first thing I could afford which was renting a room out of a big 8 person house I found on Craigslist in Seattle.

    Here's were my problem is, unbeknownst to me when signing the lease, the house is essentially a crack house. It's being "run" by a very aggressive heroin user/dealer who constantly has people showing up to buy drugs. He also threatens to kill his girlfriend and they fight constantly. He's had the police called on him by her and other roommates. Today he threatened to kill another woman in the house and she called the cops as well. Nothing is being done about it and clearly I don't feel comfortable or safe here. On top of that there are rats, and the refrigerators broke last week.

    I have enough money to get another apartment now but when I asked the landlord (who owns multiple houses/dosent live in the house) he said I would have to find someone to sublet the room and take on the remaining lease. He dosent do anything about the heroin dealer and no one is gonna wanna take this room unless they are as desperate as I was. My question is, what would happen if I abandoned the room due to living conditions. when signing the lease I just had to sign it, he didn't take my social down. Just a picture of my license. So I'm not worried about my credit being affected. My buddy says the worst he could do is attempt to take me to small claims court, but when they hear whats going on in the house he would get laughed out. Is that accurate? Any advice is deeply appreciated in getting me out of this hell hole.

    submitted by /u/Intention2Lift
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    Not even 24 hours in new apartment reveals large, slow water leak

    Posted: 07 Nov 2020 05:16 PM PST

    A little panicked but I'll try to sum everything up quickly. Indianapolis, indiana, USA

    Signed lease electronically and move in date was november 5th. I was not present for the walkthrough, it was my mother.

    We moved into the apartment today, november 7th.

    I walked around this morning and found a few minor issues but none of the carpet was wet. Minor issues include

    -Ice maker in refrigerator freezer doesnt work -fix screen door on back porch -small hole in wall outside master bed window, frame is showing. (Concerned about leaks when raining)

    The major issue we have discovered is that the water heater line in the utility closet appears to be leaking somewhere and half of the secondary bedroom floor is SOAKED in water. We have called emergency maintenance which was a 3rd party company and I plan on calling into the office on monday to voice my concern with the minor issues and voice concern about already experiencing major issues.

    This is my first time experiencing issues like this and I want to get ahead and be informed before I go making calls and start mentioning voiding lease agreements and such.

    submitted by /u/darkness_rep
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    Failed vasectomy advice

    Posted: 07 Nov 2020 09:44 AM PST

    Last year I had a vasectomy. This was a no needle no scalpel procedure in which both side would have a metal clip and cauterized. The day I had it done he mentioned that it was a little tougher than he expected but everything went fine. I went back three months later and had a sample check and got the all clear. Fast forward 11 months later and my wife is pregnant. I went today and sure enough my vasectomy has failed. He told me looking back through his notes one side was harder to get to and he had to do it a different way in which there is a 1/200-400 failure rate. He did not tell me this they day I had my procedure. Had I know I would have been more cautious and would have had regular check ups. Does anyone with a legal background in malpractice know if this would be worth talking to a lawyer about ?

    submitted by /u/ms3guy1986
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    My professor violated FERPA?

    Posted: 07 Nov 2020 11:29 AM PST

    Regardless of advice, I plan to bring this up to my program's director. Was just curious if my classmates and I were making a big deal out of nothing. I take two classes with a certain professor. Each class she uses a sheet of paper we initial each day for attendance. This last week however, our midterm grades were written right next to our names? My classmates are pretty upset about it. I'm in an education program so we were taught that this was a big no no, especially in elementary ed. Is this a violation of FERPA? And should we be doing something more? And this is in the US.

    submitted by /u/pholivia193
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    Fedex forged signature (LA)

    Posted: 07 Nov 2020 01:44 PM PST

    So I ordered a $2,000 laptop online, and it was coming FedEx with signature required for obvious reasons. Well I get a notification that it was signed for by me at 1:00 pm. Except I was never at the address all day. My girlfriend was waiting there for it. To make things worse, the box never even showed up. So now I have no laptop and they're saying I signed for it... What can I do?

    submitted by /u/Dongkeykong88
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    401K with former employer still has $2700 in it, all company vested, tied up in stocks, gaining since termination. Employer holding on basis of length of employment, but termination came from being declared permanently and totally disabled. Do I have leg to stand on?

    Posted: 07 Nov 2020 03:53 PM PST

    A customer is suing me

    Posted: 07 Nov 2020 06:33 AM PST

    Last year when I was working for a big box retailer in Missouri, I had a run in with one of my associates and her mother. The mother is suing me on the grounds that she felt in danger and that I treated her in a racist manner (I did not. I swear I did not. I would never.) The retailer I worked for sent in a lawyer to take a statement from me and several others who witnessed our interaction. Cut to a year later, I've moved halfway across the country, switched jobs and lived through the 2020 election and I get a letter from a new lawyer stating that he is representing the retailer and I and he wants to talk. Am I in trouble? I don't know what any of this is. They had it removed to federal court.

    submitted by /u/ericauh
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    Am I legally not allowed to keep my kids from my parents?

    Posted: 07 Nov 2020 04:01 AM PST

    Warning: abuse topic Backstory: So I live in Canada to start off with. My parents have been very abusive with me since childhood. Mostly verbal but sometimes dad would hit me of throw things at me, he even kept me from medical help that I needed as a child, resulting in me not being able to properly walk. Anyways, as a kid there was a huge trial in which my parents were found not guilty to abuse. This happened when my older siblings were around 10 and I was four, I didn't know better at the time. Fast forward to about four years ago when I was 20. I had enough of the constant insults and yelling for no reason (I'd drop a pen and I'd get called useless and other things, this would go on for hours.) It got to the point where I had sever depression and anxiety, and was thinking things I am not proud of. So as an adult I made the decision to leave, I moved in with my boyfriend and his parents. This created a falling out with my parent of course because they lost control. I ended up being diagnosed with sever ptsd from the abuse and had to go through alot of theropy to get to a point where if someone yelled at me at work I wouldn't break into a panic attack.

    So I gave birth to my son two years latter. I made the choice to give my parents a chance, as I was told by family friends that my father had been going to theropy for his own metal problems and have gotten better. So I called them up and we started visits, always with me there. We live two hours apart so we would always spend a night there. However I started to see things have not changed. My father would yell at my son just for playing with toys too loud and at me for "not listening to him" as I was trying to mix up his formula. No name calling but still......I would always yell back at him and he'd shut right up. So with covid we haven't met up with my parents for over 8 months. And thanksgiving came around. Restrictions were eased where I live as we have next to no cases. So I messaged mom and asked if she wanted to get together for Thanksgiving. She told me no, that she'd rather be with friends on that day. I wouldn't be upset except that she hasnt stopped seeing these friends ever since the virus started, yet haven't seen us.

    So anyways at this point I had had enough. There was so much more they had done and I got tired of giving them chances. So I said enough is enough. They haven't changed one bit and put friends over family. I don't need this as I have another child now on the way and my little guy is almost two now and doesn't even remember his grandparents and really doesn't deserve this treatment. So I told her as much.

    I get a call from my mother a week latter, blowing up at me about "how dare I keep her from her babies". And that she apparently has legal rights to see her grandchildren? I never heard of a law like this in Canada and can't find anything online. But she says that if I don't let her see my kids then she'll take me to court. If this happens how do I fight it? They are so abusive, controlling, and manipulative. My children do not deserve to be treated the way I was as a child. I have old family friends who have had enough of my parents and witnessed the abuse I went through as a kid who could testify. But I don't even know what my legal options are. I can't afford a lawyer so I feel defeated. ....

    submitted by /u/sadandhungry18
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    LA Fitness Legality of Billing Questions

    Posted: 07 Nov 2020 10:08 PM PST

    I am very unaware about what is happening with my LA Fitness account. So, some background information: my last time going here was 03/06/2020 before the pandemic impacted everything. I froze my account, but as of 10/28/2020 they resumed charging me. I also had a personal training contract before COVID-19 and they charged me when the gym was shut down and they never gave me any refunds like for like 200$. I spoke with the manager at that time, and he said that the only option to cancel my personal training contract was to buy it out for 900$ but I have no money for that unfortunately, so freezing was my only real option but the freeze will not work anymore. The gym is currently trying to contact me about my billing information to update it since they want to keep billing me and I have a negative balance in my bank account, very bad but they don't care. Also, I do not know what any of this means, my status on my LA Fitness account says " Revoked-Deny Entry" and "balance" says "400$". What does Balance mean? This is not a bank account, so I have no clue what that even means, does that mean I owe them that amount of money? Another note: the gym operations manager wants me to contact him, but I have ignored him so far, because I have had very terrible experiences talking with these managers, as they seem to do everything in their power to defend themselves rather than help me out, so I want to be fully prepared before I speak in case they try to hold me liable for anything in case this goes to court. Final question: what would happen if I canceled my credit card and I am sent to collections, will that impact me in any way? Thanks in advance.

    submitted by /u/HaterOfCollege
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    A business owner is making my life miserable because I wrote a negative review on their Google review page. That's got to be illegal, right?

    Posted: 07 Nov 2020 07:42 AM PST

    So before the pandemic, I was enrolled with a life coach. I found her services inadequate for a lot of reasons. So recently I went onto the businesses review page and wrote a brief 1 star review of why I didn't like it. She called my mom, crying about how I'm harassing her and destroying her business and her family, and she has done this several times since. She's basically poisoned my mom against me, and since I still live at home, this has made my life hell. My mom is under the impression that I went out of my way to slander her online when really I just wrote a short negative yelp review. My mom has this attitude of "if you don't have anything nice to say, don't say anything at all." But that's not how reviews work, and reviews, positive or negative, give potential customers useful information. I know other people who used her service and feel the same way. The business owner has told my mom that she's thinking of suing me over this, first it was defamation, then a cease and desist. This is ridiculous, all I said was "I didn't really feel like she listened to me very much. 1/5 do not recommend." If she didn't push the issue, that would have been it. She's harassing me because she doesn't like the negative feedback, even if it's honest. It makes me wonder if she does this with everyone who gives her a bad review. If so, that would be an unethical business strategy, right?

    Honestly, I just want her to back off. Does anyone have any advice? I'm in Virginia.

    submitted by /u/darkLordSantaClaus
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    I was given the drug Risperdal as a 5 year old boy “off-label”. I’ve had gynecomaatia ever since and I’m almost 25. How do I pursue a lawsuit?

    Posted: 07 Nov 2020 09:24 PM PST

    False racism accusations on Instagram

    Posted: 07 Nov 2020 06:48 PM PST

    Location: New Jersey

    There is an Instagram account that is posting dm screenshots of my account sending DMs saying racist things. Thing is, those screenshots are fraudulent.

    The account is public and it tagged a lot of accounts related to my school. People are coming after me, unfollowing me, unfriending me, etc.

    What do I do? I'm pretty sure this is defamation of character. But I have no clue who made the account. Of course reporting it is one thing, but what about my reputation?

    submitted by /u/chja-984729
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