Legal Questions: do not communicate with the demon at all except through your genie

The Something Awful Forums > Discussion > Ask/Tell > Legal Questions: do not communicate with the demon at all except through your genie

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Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

ZebraBlade posted:

State: South Dakota

Background:
My friend entered into a 24 month lease in July. He signed into the lease for $950/Month for a 5 bedroom 3&1/2 bath 4 stall garage very very nice place. Similar places rent for $1500 to $1800/Month.

Problem:
In the lease it was agreed on that the renters could have up to two pets. He had a golden retriever when he moved in, and last week he bought a 5 week old lab that is fully yard trained, for his girlfriend who lives with him. The landlord said puppies were not agreed on and is giving them 10 days to vacate, keeping the entire months rent, and the $1200 deposit. They have cared for the property amazingly and it is in much nicer and cleaner condition than when they moved in. Every months rent has been paid in full and early.

My theory is that the landlord realized he could be getting much more and/or has found someone else to rent it. They are ok with moving out, but are very not ok with the landlord keeping the deposit and full months rent. Is ~$1500 worth getting a lawyer and going to small claims court over?

First of all, you can't have lawyers in small claims court. If it is written in the lease that two pets are allowed and there is nothing in there about the age of the pets, you are in the clear. I wouldn't move out, myself. Stay in in the house, tell the landlord that you are not moving out, ask him to only communicate with you in writing, and send all future rent checks to him certified mail with return receipt. There is no way he can win in an eviction proceeding, and if he changes the locks you can get two months rent plus your security deposit in damages.

# ¿ Nov 14, 2010 10:40

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# ¿ Apr 27, 2024 10:31

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

Having something notarized simply means that a notary witnessed you signing the document, and will testify to that in court if needed. I wouldn't sign the affidavit though, as you could get in some serious trouble if the rights holder of the IP complains, the organizers of the contest could hold you responsible if they get sued. It probably won't come to that, but if it does you could be on the hook for a ton of money.

# ¿ Nov 19, 2010 08:55

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

Corsair Jr posted:

It really depends on your jurisdiction and the particular case. There are maximum and sometimes minimum penalties for first, second, and third offense DUIs. A good lawyer will plead a DUI down to a lesser charge such as reckless driving where you won't have to surrender your license. This is obviously much more difficult for a second or third offense than a first offense. In my jurisdiction, a second DUI offense requires a minimum 3 year license suspension, which you would surrender immediately.

Add in the fact that my state has something called "Administrative License Revocation" meaning "The DMV (not the courts) can suspend your license after a positive breathalyzer test and a non-judicial hearing."

# ¿ Nov 24, 2010 08:16

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

ChubbyEmoBabe posted:

No, employers (for the most part) *must* pay you your wages in cash or negotiable check within set periods. That's about all the law in most states say. Some allow for direct deposit as an alternative but the wording isn't really specifically saying they can force you, and I doubt anywhere requires them to obey the employees preferred payment type.

I know that the company I work for does not offer physical checks. You either get paid by direct deposit or they have some weird system where they open up a bank account with your pay and give you a debit card. They are an international corporation, so you'd think they would follow the law, although you never know.

# ¿ Dec 1, 2010 07:20

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

ABombInABowl posted:

Indeed this was the case.

My cop did show up (in fact, he had an entire courtroom assigned to his cases; 9+ people ) and I lost. I was denied any possibility to plea bargain but I only have to pay the same fine that I would have had to in the first place and I was still given the opportunity to go to traffic school to erase the points. So after all of this, I was only out my time, and ended up paying the same amount I would have had to paid in the first place.

Seeing as how at least 50% of the officers didn't show up, it's probably worth it if you can afford to put the time into appearing in court.

Next time, ask for a continuance. Most courts schedule it like that, but they will give you one continuance if you ask. For my ticket I got it changed from 2 PM on a Tuesday to 9 AM on a Thursday, and the cop didn't show.

# ¿ Dec 19, 2010 00:55

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

Call your bank and ask for a chargeback for the unauthorized charges if money was taken out of your account, and tell them to deny any further charges from that place. At that point, the ball is in their court, they can't recover the money without going to collections and ultimately suing. Pull your credit report in a few months, and if anything shows up there immediately dispute it with the credit reporting agency. Do not communicate with the gym at all, if they do sue you they will have to produce the contract, but it won't come to that.

# ¿ Dec 22, 2010 08:19

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

Cop posted:

My girlfriend and I are in a lease at an apartment complex with which we've had many water problems. We still have 6 out of 12 months left of our lease and we want to get out asap. Not knowing much about the Nebraska landlord/tenant law I'm not sure what to do. Here are some pictures if they might help with determining whether or not there is a way to break the lease.

Nebraska landlord-tenant laws. If the landlord will not fix the problem, you can probably break the lease under 76-1425:

quote:

(1) Except as provided in the Uniform Residential Landlord and Tenant Act, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with section 76-1419 [saying that the landlord has to maintain a fit premises] materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than thirty days after receipt of the notice if the breach is not remedied in fourteen days, and the rental agreement shall terminate as provided in the notice subject to the following. If the breach is remediable by repairs or the payment of damages or otherwise and the landlord adequately remedies the breach prior to the date specified in the notice, the rental agreement will not terminate. If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six months, the tenant may terminate the rental agreement upon at least fourteen days' written notice specifying the breach and the date of termination of the rental agreement. The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of his or her family, or other person on the premises with his or her consent.

# ¿ Jan 20, 2011 07:22

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

The short answer is that you aren't the primary caregiver of the children. Who has to spend more money on a larger house because you have kids? Who pays for the kids' health insurance? If they get sick, who would take time off of work to care for them? Who buys new clothes when they outgrow them? In addition to that, divorce court is normally biased in favor of the woman. Unless you are willing to fight for full custody of the children (a battle you are unlikely to win) you'll end up paying child support. If you want you can cut back on what you voluntarily give to your kids, you don't have to provide free daycare, but the fact that you do so doesn't matter much to the courts.

# ¿ Jan 20, 2011 17:27

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

WAFFLEHOUND posted:

Bolded is the part I'm interested in. It speaks a lot to intention and I'm trying to figure out if me, as a dual American/Canadian can join the Canadian Forces as an officer without giving up my US citizenship. I'm obviously not going to just take the advice of SA, I've sent a letter to state department as well but in general it's really hard to find information for Americans joining foreign forces.

From what I have heard elsewhere, it's okay to join a foreign military as long as they are an allied country. Quite a few Americans have joined the French Foreign Legion and retained their citizenship.

# ¿ Jan 29, 2011 21:37

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

Here is an interesting hypothetical question. In another thread, this was posted:

Cat rear end Trophy posted:

Our family dog started getting credit card applications under her name. On a whim, one of my brothers sent one back. Included in the applicaion was her true age (6) and her true income ($0) Despite that, she got a card with a $2000 dollar limit and no co-sign. The dog used her card at the vet and pet supply stores, and paid her bill in full each month.

Within months she is getting applications from Amex, Chase, and B of A cards. Then the home loan applications start. And the checking and savings accounts, IRA's and brokerage accounts. How could she say no? By the time she died at the age of 14, she had a credit rating of 710 and a total credit line of around $30,000. And yes, she was summoned for jury duty several times over the years.

There was a problem closing her accounts, though. A death certificate was required. Our vet, who was a good sport about letting the dog use her own credit card modified a euthinesia report to look line a death certificate.

RIP Marge, you were the best of dogs, and quite fiscally responsible.

If the owner was to stop paying on the credit cards, how would the company try to get the money back? Can you sue a dog? Assuming that the owner was 100% truthful on all the forms, and used the classic "paw print" signature, would he still be liable for fraud? I'm willing to bet that before the bubble burst the dog would probably have been able to get a NINA loan as well.

# ¿ Feb 6, 2011 10:39

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

These mass lawsuits are extortion, plain and simple. I'm willing to bet that your attorney will tell you to pay to settle. You could take it to court, but it will cost a lot of money and you'd probably lose. Properly done extortion puts you in a no win situation, where your most rational action is to just pay the money even though you are supporting an immoral practice.

# ¿ Feb 12, 2011 09:09

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

IratelyBlank posted:

I have a question about a speeding ticket in Florida. I hear about these people: http://www.theticketclinic.com/ pretty often but I don't know what it is exactly they do. Am I basically hiring an attorney and they show up to court for me and keep appealing it if I lose?

Along those lines, is this something I can do myself? If you have a court date, is it a guarantee you will see a judge that day or could it go either way? I could take a single day off of work to handle this but any more than that becomes unreasonable and a waste of leave.

Typically, it's two days. The first day you show up and plead, if you plead not guilty then they set a trial date. In my jurisdiction you can waive your right to see the judge the first day and fill out a form to plead not guilty, call the courthouse and ask if they have a similar procedure where you live. (It varies from county to county.)

# ¿ Feb 28, 2011 22:27

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

The landlord should absolutely pay for the laptops. Get it in writing from the computer repair shop for each laptop, then take it to small claims court if the landlord won't pay. Small claims is cheap and informal, and if they have proper documentation they'll probably win. Have each roommate sue individually if all of them are on the lease.

# ¿ Mar 2, 2011 10:36

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

Here's something I was wondering about. Stars and Stripes is an official newspaper for the United States military. It is editorially independent, but receives federal funding, and its' reporters are civilian Department of Defense employees. The newspaper claims that it is protected by copyright, but shouldn't it be in the public domain because it is a work of the Federal Government?

# ¿ Mar 2, 2011 20:29

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

They have to give you 12 hours notice before they enter, every time. I don't think it is sufficient for them to say "We might come on some random Tuesdays" but if they do give the 12 hours notice then they can come in without your consent. Relevant statute is here.

# ¿ Mar 6, 2011 07:47

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

roomforthetuna posted:

Fairly simple legal question - if a company says they will charge "$15 plus parts", and then tries to charge $450 for a repair that uses parts which retail for $150, is there some legal recourse against this behaviour, or is it legally valid for them to argue "by 'parts' we meant whatever arbitrary amount we decide we charge for those parts"? (That basically is the argument they've given, though obviously not in those words.)

Any reputable mechanic will give you an estimate of all charges before they make the repair. If you didn't approve the repair and they performed it anyway, you are under no obligation to pay, although they may remove their parts at their expense. If they just give you a quote for $450 for a $150 part, there is nothing illegal about that, they can charge whatever they want. If you approved the repair based on the quote of "$15 plus parts" it's your own fault for not inquiring about the cost of the parts, although the mechanic is absolute scum for pulling that on you. However, I doubt it's illegal unless the cost of the part was so high that no reasonable person would have approved it, and $450 for a $150 part doesn't meet that standard.

# ¿ Mar 15, 2011 12:17

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

Jkid posted:

I live in a state of Maryland and the question I want to ask is that is a breach of privacy as a tort involves someone finding information that you expect to be private on a internet forum (like a private section of a internet forum about sexual activity), and then distributing that information via paper flyers in public, and then reposting the same flyer on another internet forum a victim participates in routinely?

I doubt it, but you may have a case for libel if you can prove the information was false and it did you harm.

Crow posted:

I have a United States question, really small question, really.

I'm documenting doing some artwork for a book, and I use a lot of Photoshop. If I were to put screenshots of me working in Photoshop into a published book, would I run into issue with copyright with Adobe?

From Adobe's website

quote:

Screenshots

Screenshots are individual print screens contained within Adobe software applications. See a sample screenshot. You may use screenshots in advertising, on documentation (including educational brochures), in tutorial books, in videotapes, or on websites, provided you adhere to the following guidelines:

1. Your use may not be obscene or pornographic, and may not be disparaging, defamatory, or libelous to Adobe, any of its products, or any other person or entity.
2. Your use may not directly or indirectly imply Adobe sponsorship, affiliation, or endorsement of your product or service.
3. You may not use the screenshot in a comparative advertisement.
4. You may not alter the screenshot in any way except to resize the screenshot. Your use must contain the entire screenshot. You may not use portions of the screenshots, and no portions of a screenshot may be included in your product user interface.
5. You may not use screenshots from Adobe beta products or other products that have not been commercially released by Adobe.
6. You may not use screenshots that contain third-party content.
7. You must include the following copyright attribution statement: "Adobe product screenshot(s) reprinted with permission from Adobe Systems Incorporated."
8. If your use includes references to an Adobe product, the full name of the product must be referenced at the first and most prominent mention (such as Adobe� Dreamweaver�). When referencing any Adobe trademarks, please mark them with a � or � as indicated in the Adobe trademark database for general distribution. If you are distributing materials exclusively in Japan, contact Adobe for a copy of the appropriate Adobe trademark information for Japan.
9. If your use includes references to any Adobe trademarks, you should include the following trademark attribution statement: "[List of marks used, with 'Adobe' first, if used, followed by other Adobe marks used, in alphabetical order] are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries."
10. Screenshots must be reproduced in their entirety. Permission may be given in certain limited circumstances, however, to use specific portions of a screenshot. Get permission to use a screenshot in this manner.

# ¿ Mar 27, 2011 19:13

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

Dramatika posted:

Is there a free way to get a copy of my criminal record? I completed deferred adjudication for a misdemeanor drug offense back in 2005, and I need to see if I can get the arrest sealed as well, or if it even shows up.

I'm in Texas, by the way.

Keep in mind that if you are applying for any kind of government law enforcement position or government security clearance, they will dig it up no matter what the local court says. Getting a record 'sealed' 'expunged' or whatever else means nothing in those instances.

# ¿ Mar 31, 2011 06:11

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

E-mail and oral agreements mean jack and poo poo. If you just want to make some iPhone game, I doubt they will care, but if you want to turn your side project into a serious business down the road, this will bite you in the rear end. Even if the agreement is legally unenforceable, when they take notice of it you may be fighting it in court for months if not years, and you won't be able to do anything during that time. At that point, the people you are dealing with are the legal department and their outside counsel, not your management. Even if they want to negotiate something at that time, it could take a few weeks to months and your fledgling small business will be shut down in the meantime. You could also get in major trouble by contracting with other parties, since they assume you own whatever product you're making and you don't.

# ¿ Apr 6, 2011 20:20

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

If you really want to, you can both get MMA licenses and fight in an amateur event. I doubt a promoter would want two kids who don't know martial arts on his card, but maybe you'll get lucky.

# ¿ Apr 10, 2011 14:16

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

Robo Olga posted:

I remember when I lived in Charleston there was this case of a fellow shooting another fellow in the back and he was charged with something regarding dueling. It was already interesting enough because I had no idea there were any laws about dueling but what topped that is he had just gotten out of prison after being convicted of injuring another person in a duel.

I know kinkster is just trolling but here you go friend , you can't go around hurting people even with their consent

Seems awfully risky for the prosecutor to charge under that very old statute when they could just charge under first degree murder. A good defense attorney could muddy the waters enough to put the outcome in doubt, especially since there probably isn't any precedent less than a century old.

# ¿ Apr 10, 2011 16:51

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

If anything the hiring manager should be pissed off at upper management. People who want to start their own companies and work on independent projects are highly motivated, competent, and passionate about their work. If I were a hiring manager, those would be the people that I would want to hire. In fact, many tech companies buy out small tech startups purely to get the personnel working for them. Having a boilerplate contract that, by design, keeps top people out of your organization is an extreme case of bureaucratic incompetence.

# ¿ Apr 15, 2011 18:03

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

BigHead posted:

Upon move out: Vacuum and wash everything.. Scrub toilets, showers, windowsills, banisters, sinks, inside fridge/microwave/washer, everything. Also, replace your drip pans. A lot of people forget the drip pans. Consider shampooing the carpet and repainting. Take pictures of everything when you move out (with a copy of that day's paper in the shot).

With copies of the move in pictures and the move out pictures, you have decent ammo for small claims court when they inevitably find some reason to try to keep the deposit. Alternatively, you can get creative and shop around a class action!

Another thing is to get written agreements about things like carpet shampooing or replacement. In some areas, it is common practice to replace the carpet every time a tenant who has a pet moves out, and deduct that from the damage deposit. In many, the landlord at least shampoos the carpet even if it isn't needed, and deducts that. Try to ask for a walkthrough with the landlord before you move out to ask them to point out any damages and get the results in writing, this can be a condition of the lease. A lot of this depends on the market in your area, if it is a tenant's market and you have great credit you should be able to negotiate these terms in the lease, if rental property is scarce in your area or you don't have good credit you'll have to suck it up. Small claims court is always an option, although most people are scared of it because they want a good landlord reference if they plan to move again soon.

# ¿ Apr 20, 2011 14:09

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

fullroundaction posted:

I work for a summer football camp company and we run an annual High School Football All-American Game. One of our players from 2007 recently became the most talked about college player / NFL draftee, so we have been HEAVILY promoting the fact that he was one of our kids.

Last week one of his agent's lawyers contacted us and told us that we're not allowed to use his name, photos, or videos now that he's an adult and going into the NFL, unless we pay for the rights.

Keep in mind these are photos WE took, videos WE shot, etc. We're not using anything but our own material.

I wish I could be more specific, but the C&Ds they've been sending are very barebones. Do these guys actually have a leg to stand on or are they just trying to extort money out of us? ($100k to be specific)

What state are you in? Assuming the player was a minor when he was at your camp, did you get written consent from his parents to film him and use his image in promotional material for the camp? Do you say or imply that he endorses your business? In general, I think you're probably in the wrong here if you do anything more than mention his name, unless you have written release forms signed by the parents. You could maybe get away with it if you conduct business in a state that doesn't recognize publicity rights, but even then it will be a risk since you probably advertise in states that do.

# ¿ Apr 20, 2011 15:46

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

That makes it a lot less cut and dry than I thought. I would talk to a lawyer about it, better to cover your bases now in case they do sue you.

# ¿ Apr 20, 2011 18:27

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

How much is the security deposit now? This is legally a new lease so the landlord can require two months' rent as security deposit. The landlady needs to refund 50% of the original security deposit to the girlfriend's ex, and credit the other 50% to her, (minus any damages, if she decides to do an inspection for them) but the landlady can ask for the difference between that 50% and two months' rent.

# ¿ Apr 25, 2011 20:52

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

In practical terms, there isn't much you can do about it. Legally, you may be able to accuse the people leaving crap of trespassing, and possibly violating littering laws, but that's about it. I guess you could write letters to companies that leave stuff on a regular basis asking them to not come on to your property? Better yet, wait until you trip over a phone book, then hire somebody out of the yellow pages to sue the phone company.

# ¿ May 7, 2011 06:28

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

Pretty easily, assuming the company had written documentation for things he took out. The first thing I'd do is file a police report, assuming the PD has some spare time they will talk to him, which should fix the problem. If the cops don't want to deal with it you could file a lawsuit and probably get a court order to return the stuff fairly quickly. Of course, if you don't have the documentation to prove the stuff is actually yours and the he has possession of it, it could be a lot harder.

# ¿ May 9, 2011 11:19

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

BigHead posted:

I didn't know this concept was controversial. It's not extortion, you have a choice. Filing criminal charges is a huge pain in the rear end for you and a huge waste of time for them.

You're just signing a mutually beneficial piece of paper making a promise in exchange for another promise. That's, like, the basis for 95% of our civil legal system.

You're mixing a civil lawsuit with criminal charges. The store can go to the police and file a report, keeping evidence such as security camera footage on file. The state can, at their expense, file criminal charges against the shoplifter. This isn't a big pain for the store, all they have to do is provide evidence and send a witness if it goes to trial. In a completely separate proceeding, the store can file a civil lawsuit against the shoplifter at the store's expense. Paying money to settle the civil lawsuit is standard. Collecting hush money for not informing the state about the crime is unethical and possibly illegal.

# ¿ May 18, 2011 19:57

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

If you were just detained until you sobered up, then you have no expectation of privacy. If you received medical treatment, the fact that you went into the facility and received treatment may be covered under HIPAA, and the facility may be liable if one of their employees discloses this to a third party without your authorization.

# ¿ May 19, 2011 06:38

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

My advice would be to find another place to rent, or tell the landlord that you will only rent there if the provision is removed. They will probably say something like "That's something my lawyer said had to be in there." I've walked away from signing leases because I didn't like the contract, it's not worth the risk. If they insist that you sign something you're uncomfortable with, you don't want to be doing business with them.

# ¿ May 20, 2011 22:21

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

Classifying employees as independent contractors is one of the biggest tax loopholes out there. It's a big problem, and the way the law is set up, there is not much the employee can do if he wants to continue working for that company. It is completely legal under federal law for a company to fire an employee for contesting their classification. This is one of those situations where the law is clearly inadequate and needs to be changed, but good luck with that in the current political environment.

# ¿ May 23, 2011 21:51

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

asmallrabbit posted:

This doesn't actively involve me but rather is a question about the divorce my parents are going through. This is in Alberta, Canada.

My parents started divorce proceedings late 2009 because my mom was heavy into gambling and dragging my dad into debt and lying about it. My dad is/was emotionally and rarely physically abusive. They sold the previous house, kinda split things 50/50 at the time but apparently things are still going on and it sounds like my mom is still after half of everything my dad has now plus some other stuff.

Now from the little reading i've done, the goal of a divorce is not to leave either party financially unable to support themselves but from what i've found out recently, my dad has been unable to work due to emotional reasons and has had to sell things just to feed himself. Basically, my mom seems to be making out just fine and my dad seems to be getting screwed and I'm not happy about it. He's an rear end in a top hat but he doesn't deserve this. Is there anything I can do to help him out legally?

The obvious, but most expensive, answer is to hire a family law attorney for your dad. If you can't afford that, there isn't much you can do legally. If your dad is willing to seek treatment for his issues, I suggest you meet with a doctor and get therapy scheduled. If he is formally diagnosed with a mental illness then there might be some competency issues, but I don't have a clue how Canadian law handles that for civil cases.

# ¿ May 24, 2011 21:30

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

Electric Apathy posted:

its simply not provided, we only just found out through our own research after people started feeling ill, and the company asked us to sign a dont sue us document in return for a cash payout

You need to not sign anything and talk to a personal injury lawyer. If you can, get a copy of the contract the company asked you to sign. If the company has deep pockets the lawyer may be able to get you a much better deal. Don't be intimidated into signing without seeing a lawyer first, the worst they can do is fire you, which means you can sue for wrongful termination as well.

# ¿ Jun 9, 2011 18:25

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

Here is another sexual harassment situation. Mary works for Company A as a contractor, providing services for Company B on Company B's site. A Company B employee makes sexually explicit comments to Mary on several occasions. Mary complains to her (Company A's) HR officer. If the HR officer decides to reassign Mary from Company B to Company C, with equivalent pay and hours, is that considered 'retaliation' if Mary does not want to be reassigned for whatever reason? Alternatively, if Company B refuses to fire their harassing employee after being informed about this by Company A, and the harassment continues, who does Mary have a claim against? This is based on a real situation in IA, except it never came to that because Mary chose not to report the matter out of fear of retaliation.

# ¿ Jun 14, 2011 23:08

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

aarfo posted:

Having a corporation requires yearly meetings, elections, minutes, filings, fees, and registrations/renewals. Do it in a place where it's easiest to perform these acts - where you live, or in this case, where you are going to be living indefinitely. If you are worrying about corporations law in various states, don't. Thanks to collusion, lobbying, and a general goal of standardizing business laws the law of corporations is extremely similar in almost every state. Tax law and tax benefits are going to be largely irrelevant as income is taxed where it's earned and you are probably small enough you'll opt for some sort of pass-through taxation.

How come most large corporations incorporate in Delaware then?

# ¿ Jun 17, 2011 09:44

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

I'm 99% sure that the offer contained an 'at will' clause saying that either party could end the employment relationship at any time. If for some reason that wasn't the case, it might be worth showing the offer letter to a lawyer, but I wouldn't be optimistic about it.

# ¿ Jul 4, 2011 16:42

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

Jamziez posted:

This is from Vermont.

In 2007 I was fired from my job for stealing. I worked at a small drug store that was bought out by Rite Aid. A woman used to come in all the time and buy make up. She'd always want a lot when it was on sale so we would always have to write her rain checks. We'd take a flyer, cut out the ad and stable it to a piece of paper with the amount she wanted on them. When she came in to buy them, if it was a buy one get one free deal, we'd scan the one item at full price and just put the other one in the bag. That was how everyone did it, that's how I was told to do it. About a week after being bought out by Rite Aid, I was called into the office by the lost prevention manager. She told me that what I was doing was called "sweethearting" and it was not in policy with Rite Aid. It was considered theft to them. So she said I could sign a paper and write out a confession saying I did it and I wouldn't be fired. If I didn't, then I would go to jail. So I signed it. It didn't seem like a big deal to me. I wasn't stealing anything, I was just doing things the way I knew how to do it. A week after that, I was fired from the company. I didn't think it'd be on my record so I got a job elsewhere and I've been working for the last 4 years with no problem. I recently applied for a new job and they did a background check on me and it's on my record. Retail theft of $300. How do I get this off my record? It never went through the police or court.

Contact the company you applied with, and ask for the name and address of the contractor that did your background check. They are required to give you this information. Then, contact that company, and ask to review the information they have on you. They are also required to give you this information for free under the Fair Credit Reporting Act. Assuming that the source of the information is your former employer, rather than any police or court document, your best option is to dispute the information with the background checking agency. Then they have 30 days to investigate the dispute, and if they don't remove it, you have the right to make a brief statement about it that will be included in the report.

# ¿ Jul 6, 2011 19:15

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

A family member who lives in rural KS has an allergy to bee stings, to the point where he needs emergency care if he gets stung. One of his neighbors has some fruit trees and keeps a beehive. Beekeeping is legal where they live, but this is obviously causing quite a bit of stress, since the bees often come onto his property. Is there anything he can do legally to get rid of the bees, since the owner obviously cannot prevent them from encroaching on his property? Would the bee owner be liable for any medical bills suffered if the family member does get stung? It would be impossible to prove that any particular bee came from the hive, rather then having it be some random bee that happened to be around.

# ¿ Jul 22, 2011 06:34

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# ¿ Apr 27, 2024 10:31

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

idontcare posted:

My girlfriend and I live in Massachusetts. She live about 15 minute away from me. I usually sleep over her house a couple of times per week and have been doing this for the past year.

She has been living in the same apartment for about 10 years. Just last night, her landlord told her that I can't stay over anymore. She stated once in a while is ok, but not on a weekly basis. She didn't give a reason as to why.

We never disturb them. We are always quite. She pays her rent on time. There is no real reason, as far as I know, that her landlord would do this.

My question is, can she do this? There is nothing in the lease stating she can't have visitors or that the landlord can limit her visitors. Does she have a right to limit who can visit my girlfriend and how frequently?

Also, if no one knows, where would I go to find out more information about this and my girlfriends rights?

Just a side, I parked my car on the street last week and I got a parking ticket, for some reason. My car was parked legally, I had a visitors pass on my dash and it wasn't parked there for more than a couple of hours. Apparently, the landlord complained about my car and I got ticketed.

Unless it's in the lease, the landlord can't prevent you from staying over. Your girlfriend would have to handle this, next time the landlord complains, she should just state that nothing in the lease prohibits overnight guests, and to make any further complaints in writing. As for the parking ticket, you seem rather unclear about it. Were you parked on private property or a public street? What exactly do you mean by a "visitors pass"? Was the ticket written by law enforcement or some private group? What exactly does it say you are charged with?

# ¿ Aug 18, 2011 07:14

The Something Awful Forums > Discussion > Ask/Tell > Legal Questions: do not communicate with the demon at all except through your genie

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